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HomeMy WebLinkAboutCC 2003-10-23 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 23, 2003 9:00 AM PLANNING AND ZONING [on web 5-11-04] (Verbatim Minutes) City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Johnny L. Winton, Chairman Arthur E. Teele, Jr., Vice Chairman Angel Gonzalez, Commissioner District One Joe Sanchez, Commissioner District Three Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Alejandro Vilarello, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda October 23, 2003 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * * * * * * * * * * * * * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) City ofMiami Page 2 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission. PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES NON -PLANNING & ZONING ITEMS - CONSENT AGENDA M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PA - PERSONAL APPEARANCES SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PZ - PLANNING AND ZONING ITEMS 9:00 A.M. PART B INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 03-0151 CEREMONIAL ITEM Office of the Mayor Name of Honoree City of Miami Fire Rescue Explorers Post 780 Dr. Leonardo Rodriguez (did not appear) MAYORAL VETOES Presenter Commissioner Teele Commissioner Regalado Protocol Item Proclamation Proclamation City ofMiami Page 3 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.4 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.4 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 03-0091 Department of Parks and Recreation RESOLUTION RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE REFURBISHMENT OF SPORT COURTS AT VARIOUS CITY PARKS FROM VARIOUS VENDORS ON AN AS -NEEDED CONTRACT BASIS FOR THE DEPARTMENT OF PARKS AND RECREATION, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6941/2/04-1, EFFECTIVE THROUGH FEBRUARY 28, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS, IN THE AMOUNT OF $258,000, FROM THE OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION FOR FISCAL YEAR 2003-2004, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES, OR AS OTHERWISE ADJUSTED AS PERMITTED BY LAW. CA.2 03-0094 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), FOR USE OF APPROXIMATELY 3,000 SQUARE FEET ("AREA") WITHIN THE BUILDING ANNEX TO BE CONSTRUCTED BY THE CITY TO THE COMMUNITY CENTER LOCATED AT 3255 PLAZA STREET, MIAMI, FLORIDA, COMMONLY KNOWN AS ELIZABETH VIRRICK PARK ("PARK"), TO OPERATE A PUBLIC LIBRARY FOR A TWENTY-YEAR TERM, WITH THE OPTION, UPON REQUEST OF THE COUNTY, TO EXTEND THE TERM OF THE AGREEMENT IN ANY INCREMENTS OF YEARS, UP TO TEN (10) YEARS, PROVIDING THE CITY A FEE OF A $1.00 PER YEAR, AND IN ACCORDANCE WITH THE OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. City ofMiami Page 4 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 CA.3 03-0109 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ACQUISITION OF PROFESSIONAL SERVICES FROM PRINTRAK INTERNATIONAL, INC. (A WHOLLY OWNED SUBSIDIARY OF MOTOROLA, INC.), TO PROVIDE SOFTWARE AND TECHNICAL SUPPORT FOR THE IMPLEMENTATION OF A 311 CUSTOMER SERVICE REQUEST SYSTEM, UTILIZING EXISTING MIAMI-DADE COUNTY ("COUNTY") CONTRACT/RFP NO. 317, EFFECTIVE THROUGH DECEMBER 26, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE COUNTY, AT A PROPOSED AMOUNT OF $258,200, ALLOCATING FUNDS FROM THE FEDERAL COMMUNITY POLICING SERVICES PROGRAM GRANT, ACCOUNT CODE NO. 142029.290521.6.840, FOR SAID ACQUISITION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. CA.4 03-0148 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF THE LAW FIRM OF AKERMAN, SENTERFITT & EIDSON, P.A. FOR REPRESENTATION OF THE CITY OF MIAMI IN THE CASE OF ALICE YOUNG, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANTONIO ALEXANDER YOUNG VS. CITY OF MIAMI, ET AL. IN THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 99-2994-CIV-JORDAN, IN THE AMOUNT OF $50,000 PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.624401.6.652, FOR SAID SERVICES. END OF CONSENT AGENDA PERSONAL APPEARANCES Note: Legislation may result from City Commission consideration of any personal appearance. PA.1 03-0031 PA.2 03-0138 11:00 A.M. DISCUSSION ITEM MS. HATTIE WILLIS TO ADDRESS THE COMMISSION CONCERNING THE CITY OF MIAMI FIRE DEPARTMENT. DISCUSSION ITEM MR. LEROY JONES, EXECUTIVE DIRECTOR OF NEIGHBORS AND NEIGHBORS (N.A.N.A) TO ADDRESS THE COMMISSION CONCERNING THE SMALL BUSINESS PILOT PRGRAM. PA.3 03-0139 DISCUSSION ITEM City ofMiami Page 5 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 03-0140 DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE ON THE POVERTY INITIATIVE. DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 VICE CHAIRMAN JOHNNY L. WINTON DISTRICT 3 COMMISSIONER JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 03-0118 RESOLUTION City Commission A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. D4.2 03-0141 APPOINTEE: NOMINATED BY: Jami Reyes Off -Street Parking Board DISCUSSION ITEM DISCUSSION ABOUT AN EMERGENCY ALLOCATION OF $152,000 FROM THE HOMELAND DEFENSE QUALITY OF LIFE BOND IMPROVEMENTS TO THE CURBS, GUTTERS, AND LANDSCAPE IN THE AREA OF SOUTHWEST 22ND TERRACE BETWEEN SOUTHWEST 29TH AVENUE AND SOUTHWEST 31 ST AVENUE. DISTRICT 5 COMMISSIONER ARTHUR E. TEELE, JR D5.1 03-0149 RESOLUTION District 5 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A City ofMiami Page 6 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 JOINT PROJECT BETWEEN THE CITY OF MIAMI AND THE MODEL CITY TRUST FOR INFRASTRUCTURE IMPROVEMENTS FOR THE FLORAL PARK AREA AND THE MODEL CITY HOMEOWNERSHIP ZONE AREAS; ALLOCATING FUNDS, IN THE AMOUNT OF $2,000,000, FOR SAID IMPROVEMENTS, FROM A SOURCE TO BE IDENTIFIED BY THE CITY MANAGER. PUBLIC HEARING PH.1 03-0098 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BELLSOUTH TELECOMMUNICATIONS, INC., FOR THE SUM OF $30,000, FOR PLACEMENT OF A REMOTE TERMINAL CABINET AND A SMALL POWER METER BOX ON APPROXIMATELY 1,022 SQUARE FEET, AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, ON MERRIE CHRISTMAS PARK, LOCATED AT APPROXIMATELY 3840 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO PROVIDE ADDITIONAL SERVICE NEEDS AT THREE LARGE TELEPHONE SERVICE AREAS, BORDERING LEJEUNE ROAD ON THE WEST, WOOD AVENUE ON THE NORTH, SUNRISE AVENUE ON THE SOUTH AND EAST TO BISCAYNE BAY. PH.2 03-0106 RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH CANDY HOUSE DAY SCHOOL, INC., FOR USE OF SIX (6) PARKING SPACES WITHIN THE ORANGE BOWL STADIUM, PROPERTY LOCATED AT 1501 NORTHWEST 3RD STREET, MIAMI, FLORIDA, ON DAYS WHEN NO EVENTS ARE SCHEDULED TO OCCUR AT SAID FACILITY AT A USE FEE OF $150 PER MONTH PLUS APPLICABLE FLORIDA STATE USE TAX, AND SUBJECT TO ALL OTHER TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. PH.3 03-0121 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "234 TOWER L.L.C. CONDOMINIUM PROJECT FUND"; AUTHORIZING THE ALLOCATION OF FUNDS FROM AFFORDABLE HOUSING TRUST FUND ACCOUNT NO. 367101, IN THE AMOUNT OF $1,000,000, AND THE APPROPRIATION OF SAID FUNDS INTO SAID SPECIAL REVENUE FUND; AUTHORIZING A GRANT IN THE AMOUNT OF $1,000,000, TO 234 TOWER L.L.C., TO DEFER COSTS OF DEVELOPING A 196 UNIT RESIDENTIAL/COMMERCIAL CONDOMINIUM PROJECT KNOWN AS "THE LOFT", TO BE LOCATED AT 230-234 NORTHEAST 3RD STREET, City ofMiami Page 7 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 3:00 P.M. PH.4 03-0097 Department of Community Development 3:30 P.M. PH.5 03-0108 Planning & Zoning -- City Commission MIAMI, FLORIDA, OF WHICH 102 OF THE UNITS WILL BE PRICED NOT IN EXCESS OF (90) NINETY PERCENT OF MIAMI MEDIAN SALES PRICE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, CONTINGENT UPON 234 TOWER L.L.C. PROVIDING EVIDENCE OF FIRM FINANCING FOR THE FULL PROJECT AND THE RECEIPT OF A FULL AND COMPLETE APPRAISAL OF THE PROPOSED PROJECT ACCEPTABLE TO THE CITY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. . RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DEOBLIGATION OF 29TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM FUNDS, IN THE AMOUNT OF $276,500 FROM THE LOT CLEARING PROGRAM AND $790,000 FROM THE NEIGHBORHOOD ENHANCEMENT TEAM CODE ENFORCEMENT PROGRAM FOR A TOTAL OF $1,066,500, AND REALLOCATING OF SAID FUNDS TO THE BUDGET OF THE DEPARTMENT OF CAPITAL IMPOVEMENTS PROJECTS. DISCUSSION ITEM PRESENTATION CONCERNING THE PROPOSED CRA BISCAYNE BOULEVARD SPECIAL AREA PLAN AND PROMENADE PLAN PREPARED BY CONSULTANTS DOVER KOHL & PARTNERS. ORDINANCES - SECOND READING Note: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. SR.1 03-0099 ORDINANCE SECOND READING City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES;" CHAPTER 10, ARTICLE I, ENTITLED "BUILDINGS - IN GENERAL" AND REPEALING AND CREATING A NEW CHAPTER 36, ENTITLED "NOISE" OF THE MIAMI CITY CODE BY ESTABLISHING FINES FOR VIOLATION OF NOISE AND NOISE RELATED ACTIVITIES; ADDING NEW SECTIONS 10-6 AND 10-7, ENTITLED "BUILDING CONSTRUCTION, DREDGING AND LAND FILLING; PERMIT REQUIRED AND WHEN PROHIBITED" AND "BUILDING CONSTRUCTION, CERTIFICATE OF COMPLIANCE; WHEN REQUIRED" TO PROVIDE FOR AND CLARIFY DAYS AND TIMES CONSTRUCTION, DREDGING AND LAND FILLING ACTIVITY IS PERMITTED, PERMIT REQUIRED AND ENFORCEMENT AUTHORITY AND CREATING A NEW CHAPTER 36 TO PROVIDE FOR AND City ofMiami Page 8 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 CLARIFY NOISE PROHIBITIONS AND LIMITATIONS; PROVIDING FOR INCLUSION IN THE CITY CODE, SEVERABILITY, AND AN EFFECTIVE DATE. DATE: JULY 24, 2003 MOVER: COMMISSIONER GONZALEZ SECONDER: COMMISSIONER SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ AND WINTON ABSENT: 1 - COMMISSIONER TEELE ACTION: PASSED ON FIRST READING SR.2 03-0100 ORDINANCE SECOND READING City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND DEMONSTRATIONS, AND PROVIDING FOR SUNSET OF SAID REGULATIONS AT MIDNIGHT ON THURSDAY, NOVEMBER 27, 2003; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. DATE: SEPTEMBER 11, 2003 MOVER: COMMISSIONER SANCHEZ SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, REGALADO, SANCHEZ, TEELE AND WINTON ACTION: PASSED ON FIRST READING WITH MODIFICATIONS 03-0100a ORDINANCE FIRST READING City Attorney AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" TO ESTABLISH REASONABLE TIME, PLACE AND MANNER REGULATIONS CONCERNING MATERIALS AND OBJECTS THAT MAY BE POSSESSED, CARRIED OR USED BY THOSE PARTICIPATING IN PARADES AND PUBLIC ASSEMBLIES; MORE PARTICULARLY BY ADDING NEW SECTION 54 6.1 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. ORDINANCES - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. City ofMiami Page 9 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 FR.1 03-0096 ORDINANCE SECOND READING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A Fire Rescue NEW SPECIAL REVENUE FUND ENTITLED: "FEMA/USAR GRANT AWARD (FY 2003-05) FUND" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,100,000, RECEIVED BY THE CITY AS A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO PURCHASE EQUIPMENT, PROVIDE TRAINING, MANAGEMENT, AND ADMINISTRATION OF THE SOUTH FLORIDA URBAN SEARCH AND RESCUE ("USAR") PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. FR.2 03-0110 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: (1) ESTABLISHING A MONTHLY ON STREET PERMIT PROGRAM; (2) PROVIDING CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (3) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (4) PROVIDING FOR METER REMOVAL; (5) AUTHORIZING A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (6) INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. FR.2 03-0110 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV, ENTITLED "MOTOR VEHICLES AND TRAFFIC/PARKING RATES", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: (1) ESTABLISHING A MONTHLY ON STREET PERMIT PROGRAM; (2) PROVIDING CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (3) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (4) PROVIDING FOR METER REMOVAL; (5) AUTHORIZING A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (6) INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A City ofMiami Page 10 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. FR.3 03-0127 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35/ARTICLE IV, , OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES/TRAFFIC/PARKING RATES" BY: (1) ESTABLISHING A MONTHLY ON STREET PERMIT PROGRAM; (2) CHANGING THE PARKING RATES AT CERTAIN SPECIFIED ON -STREET PARKING LOTS; (3) CHANGING THE PARKING RATES AT CERTAIN MUNICIPAL PARKING GARAGES; (4) AUTHORIZING THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") BOARD TO CHANGE RATES BY RESOLUTION; (5) PROVIDING CITY OF MIAMI EMPLOYEES WHO RESIDE WITHIN THE CITY A DISCOUNT FOR THE PURCHASE OF A MONTHLY PARKING PERMIT; (6) AUTHORIZING RATES AND FEES FOR BAGGED METER/METERED SPACE RENTALS; (7) PROVIDING FOR METER REMOVAL; (8) AUTHORIZING A RESTRICTED RESIDENTIAL PARKING PROGRAM; AND (9) BY INITIATING RATES FOR NEW FACILITIES DURING THE FISCAL YEAR; MORE PARTICULARLY BY AMENDING SECTIONS 35-191, 35-192, AND 35-193, AND BY ADDING NEW SECTIONS 35-194, 35-195 AND 35-196 TO THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND CONTAINING AN EFFECTIVE DATE. FR.4 03-0111 ORDINANCE FIRST READING AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF TAXABLE OR TAX-EXEMPT PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA, SERIES 2003 IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $45,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF OR REIMBURSING THE DEPARTMENT FOR THE COSTS OF THE ACQUISITION AND CONSTRUCTION OF PUBLIC PARKING FACILITIES WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE INTEREST THEREON FROM CERTAIN REVENUES DERIVED BY THE DEPARTMENT OF OFF-STREET PARKING OF THE CITY FROM ITS PARKING SYSTEM AND OTHER AMOUNTS AS PROVIDED HEREIN; SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; DELEGATING TO CERTAIN OFFICERS OF THE CITY AND THE DEPARTMENT AUTHORITY TO APPROVE THE FORM OF AND TO EXECUTE AND DELIVER A BOND PURCHASE AGREEMENT, OFFICIAL STATEMENT, CONTINUING DISCLOSURE CERTIFICATE AND OTHER DOCUMENTS AND CERTIFICATES RELATED TO THE 2003 BONDS; DELEGATING TO THE CHAIRMAN AUTHORITY TO OBTAIN BOND INSURANCE AND A RESERVE PRODUCT WITH RESPECT TO THE 2003 BONDS; AND PROVIDING AN EFFECTIVE DATE. City ofMiami Page 11 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 FR.5 03-0129 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE X, SECTION 2-817 (h)(3)(ii) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, CODE ENFORCEMENT, ADMINISTRATIVE COSTS, FINES; LIENS," TO DELETE PROVISIONS THAT PERMITTED LIEN(S) RELEASED PRIOR TO ISSUANCE OF CERTIFICATES OF OCCUPANCY OF AFFORDABLE HOUSING PROJECTS BY THE CITY MANAGER TO BE REINSTATED; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. FR.6 03-0146 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION, USE REGULATIONS, BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH CRITERIA FOR DENIAL OF PERMITS FOR USE OF BAYFRONT PARK AND ITS FACILITIES; MORE PARTICULARLY BY ADDING NEW SECTION 38-116 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 03-0146 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38, ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION, USE REGULATIONS, BAYFRONT PARK MANAGEMENT TRUST, TO ESTABLISH CRITERIA FOR DENIAL OF PERMITS FOR USE OF BAYFRONT PARK AND ITS FACILITIES; MORE PARTICULARLY BY ADDING NEW SECTION 38-116 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIONS 9:30 A.M. RE.1 03-0123 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF SHIRLEY E. RICHARDSON AS EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL; FURTHER RATIFYING THE CITY MANAGER'S DECISION TO ALLOW MS. RICHARDSON TO SERVE AS SAID EXECUTIVE DIRECTOR WHILE MAINTAINING HER STATUS AS A CITY OF MIAMI EMPLOYEE, SUBJECT TO ADHERENCE OF ALL CITY POLICIES AND PROCEDURES DURING THE TERM OF HER APPOINTMENT. City ofMiami Page 12 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 RE.2 03-0101 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $2,850,000, FROM MIAMI-DADE COUNTY ("COUNTY") TO PROVIDE FINANCIAL ASSISTANCE, ON A REIMBURSEMENT BASIS, FOR THE GRAND AVENUE STREETSCAPE AND ROAD IMPROVEMENTS PROJECT, CAPITAL IMPROVEMENT PROJECT NO. 341208; AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. RE.3 03-0102 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRIBUTION OF FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("DISTRICT") TO PROVIDE FINANCIAL ASSISTANCE ON A REIMBURSEMENT BASIS FOR PHASES IV AND V OF THE WAGNER CREEK DREDGING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. RE.4 03-0092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND AUTHORIZING AN INCREASE IN THE CONTRACT WITH NATIONAL ROOFING/SOUTH FLORIDA, INC., IN AN AMOUNT NOT TO EXCEED $18,000, FROM $258,700 TO $276,700, TO COVER COSTS OF ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "THE RIVER DRIVE WAREHOUSE ROOFING, B-6439A;" ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311709, FOR SAID INCREASE. RE.5 03-0104 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO SEEK INJUNCTIVE RELIEF, OR ANY OTHER ACTIONS IN LAW OR IN EQUITY, TO ENSURE CITY CODE COMPLIANCE OF THE VIOLATIONS RELATED TO RECREATIONAL EQUIPMENT/MOBILE TRAILER AND A CARPORT WHICH ENCROACH INTO THE REQUIRED SETBACK OF THE PROPERTY LOCATED AT 2197 SOUTHWEST 10TH STREET, MIAMI, FLORIDA, SO LONG AS THERE EXISTS INADEQUATE REMEDIES AT LAW AND THE LIKELIHOOD OF IRREPARABLE INJURY WILL OCCUR IF THE INJUNCTION IS NOT GRANTED; FURTHER AUTHORIZING THE CITY ATTORNEY TO INITIATE FORECLOSURE ACTION AGAINST THE City ofMiami Page 13 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 PROPERTY AT 2197 SOUTHWEST 10TH STREET, MIAMI, FLORIDA, FOR ANY OUTSTANDING LIENS RELATED TO CODE ENFORCEMENT OR COSTS RELATED TO THESE VIOLATIONS, PURSUANT TO APPLICABLE LAW. RE.6 03-0105 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), APPROVING FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, BOND FINANCINGS OF THE CITY OF MIAMI, FLORIDA HEALTH FACILITIES AUTHORITY ON BEHALF OF CATHOLIC HEALTH EAST, INC., IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $58,000,000, FOR HEALTH CARE FACILITIES FOR MERCY HOSPITAL IN MIAMI AND HOLY CROSS HOSPITAL IN FORT LAUDERDALE, FLORIDA; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT TO SAID SECTION 147(f) OF THE CODE; APPROVING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT LAUDERDALE, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. RE.7 03-0107 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE MIAMI SPORTS AND EXHIBITION AUTHORITY'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2003-2004, ATTACHED AND INCORPORATED. RE.8 03-0143 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI CAPITAL IMPROVEMENTS PROGRAM 2003-2004 MULTI -YEAR CAPITAL PLAN, ATTACHED AND INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2003) AND CHAPTER 18, ARTICLE IX, DIVISION 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO ANNUAL PLAN REVIEW OF SAID CAPITAL PLAN TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS, AS NECESSARY. BOARDS AND COMMITTEES BC.1 03-0120 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE SOUTH FLORIDA WORKFORCE BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Nora Hernandez -Hendrix City ofMiami Page 14 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 Jennifer Lange Cynthia Gaber Joe L. Chi BC.2 03-0147 RESOLUTION Mayor's A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING International CERTAIN INDIVIDUALS AS MEMBERS OF THE THE MAYOR'S Council INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission At -Large (Commissioner Gonzalez) Commission At -Large (Commissioner Winton) Commission At -Large (Vice Chairman Sanchez) Commission At -Large (Commissioner Regalado) Commission At -Large (Chairman Teele) Vice Chair Commission At -Large (Commissioner) Commission At -Large Commission At -Large Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz Mayor Manuel Diaz DISCUSSION ITEMS City ofMiami Page 15 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 item. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. 9:00 A.M. DI.1 03-0137 DISCUSSION ITEM City Commission DISCUSSION REGARDING NEW LEGISTAR SYSTEM BY CITY CLERK. PART B The following items shall not be considered before 3:00 pm. PZ.1 03-0044 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3215, 3225, 3235 AND 3245 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 23, 2003 to the City Commission by a vote of 7-0. ZONING BOARD: See companion File ID 03-0045 and 03-0047. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Sanchez, Absent: Gonzalez. City of Miami Page 16 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 PZ.2 03-0045 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3215, 3225, 3235 AND 3245 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0044 and 03-0047. ZONING BOARD: Recommended approval on July 21, 2003 to the City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Sanchez, Absent: Gonzalez. PZ.3 03-0047 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE GABLES MARQUIS PROJECT, TO BE LOCATED AT APPROXIMATELY 3202 AND 3232 SW 22nd STREET; 2230 SW 32ND AVENUE AND 3211, 3215, 3225, 3235 AND 3245 SW 22ND TERRACE, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL BUILDING WITH UP TO 177 UNITS, City ofMiami Page 17 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 11,700 SQUARE FEET OF COMMERCIAL USE; RECREATIONAL AMENITIES AND 335 PARKING SPACES; DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the Gables Marquis Project LOCATION: Approximately 3202 and 3232 SW 22nd Street; 2230 SW 32nd Avenue and 3211, 3215, 3225, 3235 and 3245 SW 22nd Terrace APPLICANT(S): Urbanism Coral Way, LLC and Nicholas Balahootis APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* on July 23, 2003 by a vote of 6-2. ZONING BOARD: See companion File ID 03-0044 and File ID 04-0045. *See supporting documentation. PURPOSE: This will allow a mixed -use residential/commercial building for the Gables Marquis Project. NOTES: Continued from City Commission of September 25, 2003. PZ.4 03-0058 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE MIST PROJECT, TO BE LOCATED AT APPROXIMATELY 824 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE COMPRISED OF A MIXED-USE/RESIDENTIAL BUILDING WITH UP TO 516 RESIDENTIAL UNITS, 29,300 SQUARE FEET OF RETAIL SPACE, 22,500 SQUARE FEET OF OFFICE SPACE, RECREATIONAL AMENITIES AND APPROXIMATELY 800 PARKING SPACES (OF WHICH 100 SPACES ARE TANDEM); DIRECTING TRANSMITTAL; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: Major Use Special Permit for the MIST Project LOCATION: Approximately 824 Biscayne Boulevard City ofMiami Page 18 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 APPLICANT(S): MHLP, LLC (Owner) and Hyperion Development Group, Inc. (Purchaser) APPLICANT(S) AGENT: Lucia Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* on September 17, 2003 to City Commission by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow a mixed -use residential/commercial building for the MIST Project. PZ.5 03-0059 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY LOCATED ON THE EAST SIDE OF NORTH MIAMI AVENUE BETWEEN NORTHEAST 29TH STREET AND NORTHEAST 36th STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: the East Side of North Miami Avenue Between NE 29th Street and NE 36th Street APPLICANT(S): Biscyane Development Partners, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Pending outcome on October 20, 2003. Recommended approval to City Commission by a vote of 9-0. PURPOSE: This will allow development of property and platting of new right-of-way. PZ.6 03-0061 RESOLUTION City ofMiami Page 19 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF TWO ALLEYS LOCATED APPROXIMATELY IN THE AREA BOUNDED BY NORTHEAST 17th STREET, NORTHEAST 17th TERRACE, NORTHEAST MIAMI PLACE AND NORTHEAST MIAMI COURT, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A." REQUEST: Closing, Vacating, Abandoning and Discontinuing a Portion of a Public Right -of -Way LOCATION: Bounded by NE 17th Street, NE 17th Terrace, NE Miami Place and NE Miami Court APPLICANT(S): Urban One Development, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PUBLIC WORKS: See supporting documentation. PLAT & STREET COMMITTEE: See supporting documentation. ZONING BOARD: Recommended approval on September 8, 2003 to City Commission by a vote of 8-0. PURPOSE: This will allow a unified commercial development site. PZ.7 03-0051 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REVERSING OR AFFIRMING THE DECISION OF THE ZONING BOARD AND THEREBY GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1.1(5), TO ALLOW A SUPPER CLUB AS DEFINED IN CHAPTER FOUR OF THE CITY CODE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2801 FLORIDA AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. REQUEST: Appeal of a Zoning Board Decision of a Special Exception to Allow a Supper Club. LOCATION: Approximately 2801 Florida Avenue APPLICANT(S): F&R Management Corporation, D/B/A Quench City ofMiami Page 20 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 APPLICANT(S) AGENT: Nancy Terminello, Esquire APPELLANT(S): F&R Management Corporation, D/B/A Quench APPELLANT(S) AGENT: Nancy Terminello, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions* of the Special Exception and recommends approval of the appeal. ZONING BOARD: Denied the Special Exception on September 8, 2003 by a vote of 5-3. *See supporting documentation. PURPOSE: The approval of this appeal will allow a supper club. SECOND READING ORDINANCES PZ.8 03-0049 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 2900 SW 28th Lane APPLICANT(S): Bordeaux Towers, Inc. APPLICANT(S) AGENT: Carlos Rua, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on May 21, 2003 to the City Commission by a vote of 8-0. ZONING BOARD: This is a companion to File ID 03-0050. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 21 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 NOTES: Passed First Reading on September 25, 2003. Moved by: Sanchez, Seconded by: Teele, Absent: Regalado. PZ.9 03-0050 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 42 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM I INDUSTRIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.10 03-0048 City Manager's Office REQUEST: To Amend Ordinance No. 11000, from I Industrial to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2900 SW 28th Lane APPLICANT(S): Bordeaux Towers, Inc. APPLICANT(S) AGENT: Carlos Rua, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: This is a companion to File ID 03-0049. ZONING BOARD: Recommended approval on July 21, 2003 to the City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. NOTES: Passed First Reading on September 25, 2003. Moved by: Sanchez, Seconded by: Gonzalez, Absent: Sanchez. ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RESCINDING ORDINANCE NOS. 12332, 12333, AND 12346 AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; AND SUBSTITUTING IN LIEU THEREOF THIS NEW ORDINANCE, INCORPORATING THE RESCINDED ORDINANCES IN A UNIFIED FORMAT AS A SINGLE AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; FURTHER UPDATING City ofMiami Page 22 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 THE TRANSPORTATION ELEMENT, ADDING SPECIFIC POLICIES ASSOCIATED WITH A NEW PARK IN THE LITTLE HAITI AREA, AND ADDING A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT INDUSTRIAL;" CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Rescind and Re-enact Certain Amendments to Ordinance No. 10544 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval on July 16, 2003 to City Commission by a vote of 6-0. PURPOSE: This will rescind and re-enact certain amendments to the Comprehensive Plan. NOTES: Continued from City Commission of July 24, 2003 and October 23, 2003. Passed First Reading on September 25, 2003. Moved by: Regalado, Seconded by: Gonzalez, Absent: Winton. DATE: JULY 24, 2003 ACTION: CONTINUED DATE: SEPTEMBER 25, 2003 ACTION: PASSED ON FIRST READING FIRST READING ORDINANCES PZ.11 03-0062 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1730 AND 1742 SOUTHWEST 7TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1730 and 1742 SW 7 Street City ofMiami Page 23 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 5-1. ZONING BOARD: See companion File ID 03-0062a. PURPOSE: This will allow a unified commercial development site. PZ.12 03-0062a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT AND C-1 RESTRICTED COMMERCIAL TO SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND PEDESTRIAN PATHWAY DESIGNATION ON SOUTHWEST 8TH STREET FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1730-42 SOUTHWEST 7TH STREET AND 1731-35-37 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-3 Multifamily Medium Density Residential with an SD-12 Buffer Overlay District and C-1 Restricted Commercial to SD-14 Latin Quarter Commercial -Residential and Pedestrian Pathway Designation to Change the Zoning Atlas LOCATION: Approximately 1730-1742 SW 7th Street and 1731-35-37 SW 8th Street APPLICANT(S): Vilac, Inc. APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0062. ZONING BOARD: Recommended approval on September 22, 2003 to City Commission by a vote of 9-0. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 24 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 PZ.13 03-0064 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE A.K.A. 3681 NORTHWEST 2ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201 NW 37th Avenue a.k.a. 3681 NW 2nd Street APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval on July 16, 2003 to City Commission by a vote of 6-0. ZONING BOARD: See companion File ID 03-0064a. PURPOSE: This will allow a unified commercial development site. PZ.14 03-0064a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 201 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas City ofMiami Page 25 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 LOCATION: Approximately 201 NW 37 Avenue APPLICANT(S): La Ciencia Quality Dry Cleaning, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0064. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0065 was changed to File ID 03-0064a for Second Reading. PZ.15 03-0066 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 16, 2003 by a vote of 6-0. ZONING BOARD: See companion File ID 03-0066a. PURPOSE: This will allow a unified commercial development site. City ofMiami Page 26 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 PZ.16 03-0066a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 33 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST 2ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3680 NW 2 Terrace APPLICANT(S): Enterprise Investments, Inc. APPLICANT(S) AGENT: Bob De La Fuente, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: See companion File ID 03-0066. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 7-1. PURPOSE: This will allow a unified commercial development site. NOTES: File ID 03-0067 was changed to File ID 03-0066a for Second Reading. PZ.17 03-0068 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 126 AND 134 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Medium Density Multifamily Residential" to "Restricted Commercial" to Change the Future City ofMiami Page 27 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 126 and 134 SW 8th Avenue APPLICANT(S): Inmobiliaria, LLC APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial (due to failure to obtain the required five favorable votes) on July 23, 2003 to City Commission by a vote of 4-4. ZONING BOARD: See companion File ID 03-0068a. PURPOSE: This will allow a unified commercial development site. PZ.18 03-0068a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 35 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 126 SOUTHWEST 8TH AVENUE AND 134 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.19 03-0070 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Medium Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 940 SW 29 Court City ofMiami Page 28 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 APPLICANT(S): Miami -Dade County Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 18, 2003 by a vote of 7-0. ZONING BOARD: See companion File ID 03-0071. PURPOSE: This will allow a unified commercial development site. PZ.20 03-0071 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 940 SOUTHWEST 29 COURT. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-3 Multifamily Medium Density Residential to Change the Zoning Atlas LOCATION: Approximately 940 SW 29 Court APPLICANT(S): Miami -Dade Housing Agency APPLICANT(S) AGENT: Rene Rodriguez, Director FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: See companion File ID 03-0070. ZONING BOARD: Recommended approval to City Commission on September 8, 2003 by a vote of 6-2. PURPOSE: This will allow a unified commercial development site. PZ.21 03-0072 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 11, SECTION 1102, NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE City ofMiami Page 29 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 PERTAINING TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PZ.22 03-0073 ORDINANCE FIRST READING AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA AMENDING ARTICLE 9, ORDINANCE NO. 11000, AS AMENDED (ZONING ORDINANCE) ENTITLED "GENERAL AND SUPPLEMENTAL REGULATIONS," IN PARTICULAR BY ADDING A NEW SECTION 951 ENTITLED "CERTIFICATE OF RE -OCCUPANCY" TO DECLARE UNLAWFUL ANY SALE, TRANSFER OF TITLE OR CONVEYANCE OF: A DWELLING, ONE -FAMILY OR SINGLE-FAMILY; DWELLING TWO-FAMILY; OR DWELLING MULTIFAMILY ON PROPERTIES ZONED R-1, R-2, R-3 AND R-4 WITHOUT FIRST OBTAINING A RE -OCCUPANCY CERTIFICATE ISSUED BY THE CODE COMPLIANCE DIRECTOR OR DESIGNEE; TO PROVIDE PROCEDURES FOR APPLICATION AND ISSUANCE OF THE CERTIFICATE OF RE -OCCUPANCY TO CONFIRM COMPLIANCE WITH THE RESIDENTIAL OCCUPANCY REGULATIONS OF THE APPLICABLE ZONING DISTRICT, ESTABLISH FEES FOR INSPECTIONS AND RE -INSPECTIONS, PROVIDE FOR DISCLAIMER AND A CONDITIONAL CERTIFICATE OF RE -OCCUPANCY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 17, 2003 by a vote of 7-1. PURPOSE: This will implement the certificate of re -occupancy for sales of single, two-family and multifamily residential units in residential zoning districts. PZ.23 03-0074 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission CHAPTER 4 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED ALCOHOLIC BEVERAGES, BY AMENDING SECTION 11 IN ORDER TO MODIFY PROVISIONS RELATED TO NOTICE WITHIN City ofMiami Page 30 Printed on 8/25/2006 City Commission Meeting Agenda October 23, 2003 ENTERTAINMENT DISTRICTS. REQUEST: To Amend Chapter 4 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions related to notice within entertainment districts. PZ.24 03-0115 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT FEES, IN GENERAL," TO CLARIFY PROVISIONS REGARDING THE GRANTING OF IMPACT FEE EXEMPTIONS; MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Chapter 13 of the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will modify provisions regarding the granting of some impact fee exemptions. City ofMiami Page 31 Printed on 8/25/2006