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HomeMy WebLinkAboutCC 2004-07-22 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, July 22, 2004 9:00 AM PLANNING AND ZONING PART A City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Arthur E. Teele, Jr., Chairman Joe Sanchez, Vice Chairman Angel Gonzalez, Commissioner District One Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda July 22, 2004 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 3/11/2008 City Commission Meeting Agenda July 22, 2004 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS Page 3 MV - MAYORAL VETOES Pages 3 AM - APPROVING MINUTES Pages 3 - 4 CA - CONSENT AGENDA Pages 5 - 28 Item 1 which is comprised of items CA-1 through CA-14 may be heard in the numbered sequence or as announced by the Commission. M - MAYOR'S ITEMS Page 29 D1 - DISTRICT 1 ITEMS Page 29 D2 - DISTRICT 2 ITEMS Page 29 D3 - DISTRICT 3 ITEMS Pages 29 - 31 D4 - DISTRICT 4 ITEMS Pages 31 - 37 D5 - DISTRICT 5 ITEMS Pages 37 - 40 PH - PUBLIC HEARINGS Pages 41 - 53 TIME CERTAIN 3:00 P.M. - PH.6 - Transferring District 4 Funds to MDHA SR - SECOND READING ORDINANCES Pages 54 - 56 FR - FIRST READING ORDINANCES Pages 57 - 58 RE - RESOLUTIONS Pages 59 - 82 DI - DISCUSSION ITEMS Pages 83 - 89 PZ - PLANNING AND ZONING ITEMS Pages 90 - 208 9:00 AM - PZ.1 THROUGH PZ.20 2:30 PM - PZ.21 THROUGH PZ.42 TIME CERTAIN 5:00 PM - PZ.43 - Major Use Special Permit - Villa Magna 7:00 PM - PZ.44 - New SD-24 SW 27 Avenue Special Overlay District 7:00 PM - PZ.45 - Zoning Change - Certain Properties - SW 27 Av, Coral Wy to US-1 City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS PR.1 04-00837 CEREMONIAL ITEM Name of Honoree Vliami-Kagoshima Sister Cities Student Exchange Satsuki Hirata Nariki Fukumoto Kenji Maeda Yuki Uchihara Satomi Osaki Tsukasa Kusakizako Tamaki Sunakawa Hozuka Tachiwana Risa Nagamine Jyun Harada Mr. Masahiro Yamanouchi, Chaperone Presenter Protocol Item Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Mayor Diaz Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Outstanding Visiting Student Award Distinguished Visitor MAYORAL VETOES (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.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of June 24, 2004 ORDER OF DAY 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. 14 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. 14 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 04-00763 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LESSEE") AND AMER HOLDING, A LIMITED LIABILITY COMPANY ("LESSOR"), FOR USE OF APPROXIMATELY 1,000 SQUARE FEET OF OFFICE SPACE, LOCATED AT 4343 WEST FLAGLER STREET, MIAMI, FLORIDA, FOR OPERATION City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 OF A NEW NEIGHBORHOOD ENHANCEMENT TEAM IN DISTRICT 4, PROVIDING THE FOLLOWING: (1) A TERM OF FIVE (5) YEARS THAT SHALL COMMENCE ON THE POSSESSION DATE, WITH AN OPTION TO EXTEND FOR TWO ADDITIONAL THREE-YEAR TERMS SUBJECT TO MUTUAL CONSENT OF THE PARTIES; (2) LESSEE SHALL PAY RENT FOR THE FIRST YEAR, IN THE AMOUNT NOT TO EXCEED $15.00 PER SQUARE FOOT, OR AN AMOUNT NOT TO EXCEED $1,250, PER MONTH, WITH RENT FOR SUBSEQUENT TERM YEARS TO BE ADJUSTED ANNUALLY BASED ON INCREASES IN THE CONSUMER PRICE INDEX, (3) LESSOR TO PAY ALL COMMON AREA OPERATING CHARGES, AND (4) LESSOR TO GRANT LESSEE THREE MONTHS RENT CREDIT FOR LESSEE'S BUILD -OUT OF PREMISES, WITH ADDITIONAL TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE LEASE AGREEMENT. CA.2 04-00764 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF THERMO AIR, INC., FOR THE REPLACEMENT OF EXISTING COOLING TOWERS AND INSTALLATION OF A TEMPORARY COOLING TOWER, TO INCLUDE A FIVE-YEAR EXTENDED WARRANTY, FOR THE MIAMI RIVERSIDE CENTER ("MRC") BUILDING, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, MRC DIVISION, IN AN AMOUNT NOT TO EXCEED $156,500, INCLUDING A CONTINGENCY RESERVE IN THE AMOUNT NOT TO EXCEED $7,450, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $163,950; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") (B-74210) NO. 311042, IN AN AMOUNT NOT TO EXCEED $93,149, CIP NO. 311705, IN AN AMOUNT NOT TO EXCEED $30,000, AND CIP NO. 311010, IN AN AMOUNT NOT TO EXCEED $40,801. CA.3 04-00765 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE ACCEPTING THE PROPOSAL OF MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER TO PERFORM PRE -EMPLOYMENT PHYSICAL EXAMINATION SERVICES FOR DESIGNATED PERSONNEL, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $136,695, FOR THE INITIAL TWO-YEAR PERIOD, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS ("EMPLOYEE RELATIONS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR AN INITIAL TWO-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS, SUBJECT TO THE SAME TERMS AND CONDITIONS; FURTHER AUTHORIZING AN INCREASE IN COMPENSATION IN AN AMOUNT NOT TO EXCEED 5% WHICH SHALL BE EFFECTIVE ON THE FIRST DAY OF ANY OPTIONAL PERIOD; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGETS OF EMPLOYEE RELATIONS, ACCOUNT CODE NO. 001000.270101.6.260, IN AN AMOUNT NOT TO EXCEED $82,470, THE DEPARTMENT OF City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 FIRE -RESCUE, ACCOUNT CODE NO. 001000.280401.6.260, IN AN AMOUNT NOT TO EXCEED $21,480, AND THE DEPARTMENT OF POLICE, ACCOUNT CODE NO. 001000.290201.6.260, IN AN AMOUNT NOT TO EXCEED $32,755. CA.4 04-00767 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 03-634, ADOPTED JUNE 12, 2003, FOR THE PROVISION OF AUTO BODY REPAIRS AND PAINTING SERVICES, BY REPLACING THE LIST OF VARIOUS VENDORS ATTACHED TO SAID RESOLUTION WITH THE REVISED LIST, ATTACHED AND INCORPORATED AS "EXHIBIT A" TO EXCLUDE VENDORS THAT WERE NOT WITHIN THE CITY OF MIAMI LIMITS, PURSUANT TO SECTION 3.0 OF BID NO. 02-03-074, CHANGING THE BID TO CITYWIDE ON AN AS -NEEDED BASIS, ALLOWING OTHER DEPARTMENTS AND AGENCIES TO UTILIZE THE CONTRACT; CHANGING THE FUNDING SOURCE; AUTHORIZING AN INCREASE, IN AN ANNUAL AMOUNT NOT TO EXCEED $60,000, FROM $800,000 ANNUALLY TO AN AMOUNT NOT TO EXCEED $860,000 ANNUALLY, FOR A TOTAL INCREASE IN AN AMOUNT NOT TO EXCEED $240,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $3,440,000; ALLOCATING FUNDS FOR SAID INCREASE FOR THE CURRENT FISCAL YEAR (FY 2003-2004) FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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; AND AMENDING RESOLUTION NO. 03-634 TO REFLECT SAID CHANGES. City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 CA.5 04-00768 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ACQUISITION OF PLANS REVIEW AND INSPECTION SERVICES FOR THE DEPARTMENTS OF BUILDING, PLANNING AND ZONING, PUBLIC WORKS AND FIRE -RESCUE, FROM CAPRI ENGINEERING, INC., CEB ENGINEERING, INC., CSA SOUTHEAST, INC., M.T. CAUSLEY, INC., AND TRIANGLE ASSOCIATES, INC.,; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH EACH AGENCY FOR AN INITIAL TWO-YEAR PERIOD, ON AN AS -NEEDED BASIS, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $200,000, FOR THE CURRENT FISCAL YEAR 2003-2004, FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS FOR THE CURRENT FISCAL YEAR, 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.6 04-00769 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT, INSTALLATION, AND DELIVERY OF PLAYGROUND AND PARK EQUIPMENT FROM VARIOUS VENDORS, AWARDED UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 650-001-04-1, EFFECTIVE UNTIL JULY 31, 2004, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $500,000, FOR THE CURRENT FISCAL YEAR (FY 2003-2004) FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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, ON AN AS -NEEDED CONTRACT BASIS FOR VARIOUS USER DEPARTMENTS AND AGENCIES. CA.7 04-00770 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A DONATION, OF COMPUTER SOFTWARE LICENSES, INCLUDING NO COST VERSION UPGRADES FOR A TWO-YEAR PERIOD, AT AN ESTIMATED FAIR MARKET VALUE OF $188,460, FROM MICROSOFT CORPORATION, FOR DEPLOYMENT ON CITY OF MIAMI ("CITY") OWNED DESKTOP COMPUTERS AT VARIOUS CITY LOCATIONS FOR THE E-PARKS PROGRAM SPONSORED BY THE CITY AND THE COMMUNITY TECHNOLOGY ADVISORY BOARD; AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF THE DONATION. City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 CA.8 04-00771 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 03-04-052R, THAT THE FIRMS MOST QUALIFIED TO PROVIDE NETWORK BACKBONE EQUIPMENT MAINTENANCE SERVICES FOR THE CITY OF MIAMI ("CITY") ARE, IN RANK ORDER: (1) UNISYS CORPORATION, AND (2) BELLSOUTH COMMUNICATION SYSTEMS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH UNISYS CORPORATION, THE TOP -RANKED FIRM, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE RFP, ATTACHED AND INCORPORATED, AT AN ESTIMATED ANNUAL COST NOT TO EXCEED $400,000, FOR AN INITIAL THREE-YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY ACCOUNT CODE NO. 001000.460101.6.670, AND FROM THE OPERATING BUDGETS OR CAPITAL IMPROVEMENT PROJECTS OF VARIOUS CITY DEPARTMENTS, REQUIRING BUDGETARY APPROVAL FROM INDIVIDUAL DEPARTMENTAL ACCOUNTS, PRIOR TO USAGE OF SAID SERVICES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH BELLSOUTH COMMUNICATION SYSTEMS, THE SECOND -RANKED FIRM, IN THE EVENT NEGOTIATIONS FAIL WITH THE TOP -RANKED FIRM, SUBJECT TO SAID TERMS AND CONDITIONS. CA.9 04-00775 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 22ND STREET FROM NORTHWEST 6TH AVENUE TO NORTHWEST 11TH AVENUE, MIAMI, FLORIDA, AS "SUSACASA WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.10 04-00776 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHEAST 6TH STREET FROM BRICKELL AVENUE TO MIAMI AVENUE, MIAMI, FLORIDA, AS "BUTCH BRICKELL WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.11 04-00777 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHEAST 11TH STREET FROM BISCAYNE BOULEVARD TO NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, AS "CLUB SPACE WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.12 04-00778 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING NORTHWEST 2ND STREET FROM NORTHWEST 56TH COURT TO NORTHWEST 57TH COURT, MIAMI, FLORIDA, AS "TARAS SCHEVCHENKO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. CA.13 04-00801 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A UNITY OF TITLE FOR LAND LOCKED PARCELS, IN SUBSTANTIALLY THE ATTACHED FORM, AS A REQUIREMENT FOR THE RECORDATION OF THE PLAT OF WATSON ISLAND -SOUTHWEST; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE UNITY OF TITLE; PROVIDING FOR THE RECORDATION OF THE UNITY OF TITLE IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. CA.14 04-00803 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 03-948, ADOPTED SEPTEMBER 9, 2003, WHICH REESTABLISHED AND RECREATED THE COMMUNITY TECHNOLOGY ADVISORY BOARD ("ADVISORY BOARD") ,TO EXTEND THE SUNSET DATE OF THE ADVISORY BOARD FROM SEPTEMBER 9, 2004 TO SEPTEMBER 9, 2006. END OF CONSENT AGENDA City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DISTRICT 3 VICE CHAIRMAN JOE SANCHEZ D3.1 04-00832 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY TAKE ALL NECESSARY STEPS TO INITIATE THE PROCESS OF CODESIGNATING SOUTHWEST 16TH AVENUE BETWEEN SOUTHWEST 8TH STREET AND SOUTHWEST 12TH STREET, MIAMI, FLORIDA, AS "A. W. GORT WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 D4.1 04-00757 District 4- Commissioner Tomas Regalado D4.2 04-00817 D4.3 04-00836 D4.4 04-00831 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MIAMI-DADE COUNTY MANAGER AND THE MEMBERS OF THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS TO TAKE ALL ACTIONS NECESSARY TO PROVIDE GREATLY NEEDED SERVICES FOR THE ELDERLY RESIDING IN PUBLIC HOUSING DEVELOPMENTS, SUCH AS HOUSING AND URBAN DEVELOPMENT ("HUD") BUILDINGS, WITHIN THE LIMITS OF THE CITY OF MIAMI. DATE: JULY 8, 2004 ACTION: NO ACTION TAKEN DISCUSSION ITEM DISCUSSION CONCERNING PROVIDING THE USE OF THE CITY'S SHOWMOBILE AT THE FERIA DEL NINO Y EL BEBE EVENT TO BE HELD AT ROBERT KING HIGH PARK ON AUGUST 22, 2004. DISCUSSION ITEM DISCUSSION CONCERNING EARLY VOTING SITES. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, TO THE CORAL WAY MERCHANT ASSOCIATION TO SUPPORT THE FIRST ANNUAL ARTS & CULTURE FESTIVAL IN THE CORAL WAY AREA, SPONSORED BY THE LOCAL MERCHANTS AND CORAL WAY CULTURE, ARTS & MUSICAL EVENTS, INC., TO BE HELD AUGUST 21, 2004; ALLOCATING FUNDS FROM DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DISTRICT 5 CHAIRMAN ARTHUR E. TEELE, JR. D5.1 04-00798 DISCUSSION ITEM District 5- Vice DISCUSSION REGARDING A LIVING WAGE ORDINANCE. Chair Michelle Spence -Jones DATE: JULY 8, 2004 ACTION: NO ACTION TAKEN City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PUBLIC HEARING PH.1 04-00772 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ASSIGNMENT OF A CITY OF MIAMI ("CITY") COMMERCIAL SOLID WASTE NON-EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY AND UNITED ENVIRONMENTAL SERVICES OF SOUTH FLORIDA, TO CHOICE ENVIRONMENTAL SERVICES OF MIAMI, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FRANCHISE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. PH.2 04-00773 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MURPHY ESTATES," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PH.3 04-00774 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "RITZ SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE, AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PH.4 04-00785 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "SITELA SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PH.5 04-00786 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MATISSE SUBDIVISION," A SUBDIVISION IN THE CITY OF MIAMI ("CITY"), OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF THE CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT 1," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 3:00 P.M. PH.6 04-00812 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM THE DISTRICT 4 HOUSING PILOT PROJECT; ALLOCATING SAID FUNDS TO THE MDHA DEVELOPMENT CORPORATION FOR THE DEVELOPMENT OF THE SMATHERS PLAZA, AN ASSISTED LIVING FACILITY. City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 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 04-00466 ORDINANCE SECOND READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING Attorney SECTIONS 35-341 TO 35-347, IN ITS ENTIRETY OF ARTICLE IX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CODE") ENTITLED: PARKING FACILITIES SURCHARGE, AND REPLACING IT WITH NEW SECTIONS 35-341 TO 35-347, AMENDING THE CODE PROVIDING FOR THE IMPOSITION AND COLLECTION OF A PARKING FACILITIES SURCHARGE AT THE RATE OF FIFTEEN PERCENT (15%) OF THE AMOUNT CHARGED FOR THE SALE, LEASE, OR RENTAL OF SPACE AT PARKING FACILITIES WITHIN THE CITY OF MIAMI; PROVIDING DEFINITIONS; SETTING FORTH PROCEDURES FOR COLLECTION AND PROVIDING PENALTIES FOR NONCOMPLIANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE AND FOR INCLUSION IN THE CITY CODE. DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING SR.2 07-00136 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED: "ADMINISTRATION//BOARDS, COMMITTEES, COMMISSIONS," CHAPTER 35/ARTICLE V, ENTITLED: "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND" AND CHAPTER 54/ARTICLE IX, ENTITLED "STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS DISTRICT" TO ABOLISH THE EXISTING COCONUT GROVE PARKING ADVISORY COMMITTEE AND THE COCONUT GROVE SPECIAL EVENTS AND MARKETING COMMITTEE, AND SUBSTITUTE IN LIEU THEREOF, A NEW DIVISION 17 TO ARTICLE XI OF CHAPTER 2, ENTITLED "COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE" ("BIC"), TO SET FORTH THE PURPOSE, POWERS, APPOINTMENTS, QUALIFICATIONS, APPROVAL OF BUDGET, AND ANNUALLY PROVIDING FOR SUNSET REVIEW, MORE PARTICULARLY BY DELETING SECTIONS 35-223 AND SECTION 54-342, AND SUBSTITUTING IN LIEU THEREOF, A NEW DIVISION 17, NEW SECTIONS 2-1250 THROUGH 2-1255 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND TEELE ABSENT: 1 - COMMISSIONER REGALADO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 ORDINANCE - 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. FR.1 04-00734 ORDINANCE FIRST READING Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO Attorney DEVELOPMENT IMPACT FEES; AMENDING CHAPTER 13, SECTIONS 13-2(B)(3), 13-2(B)(4), 13-5, 13-6(3) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION AREAS FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT FROM "COMMUNITY DEVELOPMENT TARGET AREAS" TO THE NEWLY CREATED COMMUNITY DEVELOPMENT DEPARTMENT CLASSIFICATION OF "NEIGHBORHOOD DEVELOPMENT ZONES;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2004. DATE: JULY 8, 2004 ACTION: DEFERRED City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 RESOLUTIONS RE.1 04-00501 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), THE CONVEYANCE OF THE FOLLOWING TWO PARCELS OF LAND FOR PUBLIC PURPOSE USE SUBJECT TO COMPLETION OF DUE DILIGENCE BY THE CITY OF MIAMI ("CITY") INCLUDING, BUT NOT LIMITED TO, REVIEW OF THE SURVEYS, APPRAISALS, ENVIRONMENTAL REPORTS, TITLE WORK AND INSURANCE: (A) PARCEL 1 CONTAINING APPROXIMATELY 1.7 ACRES OF LAND LOCATED AT APPROXIMATELY NORTHWEST 20TH STREET, ADJACENT TO INTERSTATE HIGHWAY NO. 95, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $16,000, FROM THE CAPITAL IMPROVEMENT PROJECTS ("CIP"), POLICE TRAINING FACILITY FUNDING PROJECT ACCOUNT NO. 312043.509307.270, APPROPRIATED FROM THE $255 MILLION HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES; AND (B) PARCEL 2 CONTAINING APPROXIMATELY 2.31 ACRES OF LAND LOCATED BETWEEN NORTHWEST 15TH STREET AND 17TH STREET, ALONG NORTHWEST 6TH PLACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT B," ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $22,000, FROM CIP, WAGNER CREEK RENOVATIONS - PHASE IV, PROJECT ACCOUNT NO. 352259.509301.270, FOR THE COST OF DUE DILIGENCE AND CLOSING EXPENSES. DATE: MAY 27, 2004 ACTION: DEFERRED DATE: JUNE 10, 2004 ACTION: DEFERRED RE.2 04-00616 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF THE POLICE ATHLETIC LEAGUE ("PAL") PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $559,495.84; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. DATE: JUNE 24, 2004 ACTION: DEFERRED City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 RE.3 04-00709 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire Rescue ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF A NEW FIRE -EMS RECORDS MANAGEMENT SYSTEM ("RMS") FROM TIBURON, INC., UTILIZING AN EXISTING CONTRACT, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 220009530 FROM THE CITY OF KANSAS CITY, MISSOURI, FOR THE DEPARTMENT OF FIRE -RESCUE ("FIRE -RESCUE"), AT A FIRST YEAR AMOUNT NOT TO EXCEED $607,276, WITH AN ADDITIONAL 10% FOR FIRE -RESCUE'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR A TOTAL AMOUNT NOT TO EXCEED $668,003, INCLUDING ALL SOFTWARE, SYSTEM IMPLEMENTATION PLANNING, AND ONE-YEAR MAINTENANCE AND SUPPORT SERVICES, WITH THE OPTION TO EXTEND PRODUCT SUPPORT FOR FOUR ADDITIONAL ONE-YEAR PERIODS, WITH AN ANNUAL MAINTENANCE COST CAPPED AT AN AMOUNT NOT TO EXCEED $43,109 FOR YEAR 2, WITH OPTIONAL YEAR INCREASES LIMITED TO NO MORE THAN 5% PER YEAR FOR YEARS 3 THROUGH 5, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $853,809; AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRE -EMS RMS, SOFTWARE AND MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM(S), SETTING FORTH THE TERMS AND CONDITIONS CONCERNING THE USE OF SAID FIRE -EMS PROGRAM BY THE CITY OF MIAMI ("CITY"); ALLOCATING FUNDS FROM THE CAPITAL IMPROVEMENTS PROJECT ("CIP") NO. 313303, B-72806, ENTITLED "FIRE DEPARTMENT COMPUTERS AND COMMUNICATIONS," IN THE AMOUNT NOT TO EXCEED $607,276, WITH A CONTINGENCY RESERVE NOT TO EXCEED $60,727, FOR THE INITIAL PURCHASE NOT TO EXCEED $668,003; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $185,806, TO COVER COSTS FOR MAINTENANCE AND SUPPORT SERVICES FOR YEARS 2, 3, 4, AND 5, FROM VARIOUS CIP ACCOUNTS, AND FIRE -RESCUE'S OPERATING BUDGET, SUBJECT TO BUDGETARY APPROVAL. DATE: JUNE 24, 2004 ACTION: DEFERRED RE.4 04-00710 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE OF A PUBLIC SAFETY TECHNOLOGY ENHANCEMENT PROGRAM, CONSISTING OF A COMPUTER AIDED DISPATCH SYSTEM ("CAD"), LAW RECORDS MANAGEMENT SYSTEM ("RMS" OR "LRMS"), AND A PREMIER MOBILE DATA COMMUNICATIONS SYSTEM ("PMDC") FROM PRINTRAK INTERNATIONAL, INC., A WHOLLY OWNED SUBSIDIARY OF MOTOROLA, INC., FOR THE DEPARTMENTS OF POLICE AND FIRE -RESCUE, UNDER AN EXISTING MIAMI-DADE COUNTY REQUEST FOR PROPOSALS NO. 317; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN AN AMOUNT NOT TO EXCEED $6,678,803, FOR A PERIOD NOT TO EXCEED TWO YEARS, UNTIL THERE IS SUCCESSFUL City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 IMPLEMENTATION AND A FULLY OPERATIONAL CAD, RMS OR LRMS, AND PMDC SYSTEM, INCLUDING ITS RESPECTIVE FIRST YEAR WARRANTIES, AND AN ADDITIONAL 5% OF THE NOT TO EXCEED AMOUNT OF $6,678,803, FOR AN OWNER'S ALLOWANCE TO EXPEND FOR UNFORESEEABLE CIRCUMSTANCES, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $7,008,803, AND A FIVE-YEAR MAINTENANCE AGREEMENT AT AN INITIAL FIRST YEAR COST NOT TO EXCEED $476,000, WITH INCREMENTAL ANNUAL INCREASES NOT TO EXCEED 5% OF THE FIRST YEAR COST FOR YEARS TWO (2) THROUGH FIVE (5) AND OPTIONAL MAINTENANCE YEARS, WHICH AT THE CITY OF MIAMI'S ("CITY'S") SOLE DISCRETION, MAY BE EXTENDED FOR FIVE ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE COPS MORE 98 GRANT, ACCOUNT CODE NO. 142025.290512.6.840, IN AN AMOUNT NOT TO EXCEED $5,885,593.31, AND FROM THE FIRE FEE, ACCOUNT CODE NO. 313302.289301.860 AND/OR ACCOUNT CODE NO. 313303.289401.840, IN AN AMOUNT NOT TO EXCEED $1,123,209.69; ALLOCATING FUTURE FUNDS FROM THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS, 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. DATE: JUNE 24, 2004 ACTION: DEFERRED RE.5 04-00788 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO CONDO ELECTRIC MOTOR REPAIR, INC., PURSUANT TO RESOLUTION NO. 00-655, ADOPTED JULY 27, 2000, AMENDED BY RESOLUTION NO. 02-166, ADOPTED FEBRUARY 14, 2002, IN AN AMOUNT NOT TO EXCEED $41,139, INCREASING THE CONTRACT AMOUNT FROM $118,783.32 TO $159,922.32 FOR ADDITIONAL WORK REQUIRED FOR MAINTENANCE SERVICES OF THE CITY OF MIAMI'S STORMWATER PUMP STATIONS; ALLOCATING FUNDS FOR SAID INCREASE FROM PUBLIC WORKS GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.310101.6.340.27012, IN AN AMOUNT NOT TO EXCEED $21,139, AND ACCOUNT CODE NO. 001000.310201.6340.34039, IN AN AMOUNT NOT TO EXCEED $20,000; AMENDING RESOLUTION NO. 02-166, TO REFLECT SAID INCREASE; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. RE.6 04-00789 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "CLEAN-UP GRANTS FOR THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("MODEL CITY TRUST")" AND APPROPRIATING FUNDS FOR ITS OPERATION, IN THE AMOUNT OF $400,000, CONSISTING OF TWO CLEAN-UP GRANTS FROM THE UNITED STATES City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 ENVIRONMENTAL PROTECTION AGENCY ("EPA") FOR THE MODEL CITY TRUST FOR THE PURPOSE OF LAND ACQUISITION IN THE MODEL CITY HOMEOWNERSHIP ZONE PILOT PROJECT AREA; AUTHORIZING THE MODEL CITY TRUST TO ACCEPT THE GRANTS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR IMPLEMENTATION OF THE GRANTS. RE.7 04-00790 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE PROPOSED ANNUAL PLAN AND BUDGET OF THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST ("TRUST") FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2005. RE.8 04-00791 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005; AUTHORIZING AND DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARINGS, AS STATED HEREIN, AT WHICH THE MIAMI CITY COMMISSION WILL HOLD PUBLIC HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA TENTATIVE BUDGET FOR SAID FISCAL YEAR. RE.9 04-00792 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE DIRECTOR OF THE DEPARTMENT OF SOLID WASTE'S SELECTION OF THE QUALIFIED FIRMS TO PROVIDE COMMERCIAL SOLID WASTE HAULING SERVICES WITHIN THE CITY OF MIAMI, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE FRANCHISE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE QUALIFIED PROVIDERS, FOR SAID SERVICES. RE.10 04-00760 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF CONSUL -TECH TRANSPORTATION, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0011, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING COMPENSATION FROM $1,000,000 TO $3,000,000, FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0011 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. DATE: JULY 8, 2004 ACTION: DEFERRED RE.11 04-00761 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN COMPENSATION FOR THE PROFESSIONAL CONSULTING SERVICES OF HDR ENGINEERING, INC., PREVIOUSLY APPROVED BY RESOLUTION NO. 04-0010, ADOPTED JANUARY 8, 2004, IN AN AMOUNT NOT TO EXCEED $2,000,000, INCREASING THE COMPENSATION FROM $2,000,000 TO $4,000,000 FOR PROFESSIONAL CONSULTING SERVICES FOR MANAGEMENT SKILLS TO BE UTILIZED CITYWIDE ON AN AS -NEEDED CONTRACT BASIS; AMENDING RESOLUTION NO. 04-0010 TO REFLECT SAID INCREASE; ALLOCATING FUNDS FOR SAID INCREASE FROM VARIOUS CAPITAL IMPROVEMENTS AND SPECIAL REVENUE FUND PROJECT ACCOUNTS. DATE: JULY 8, 2004 ACTION: DEFERRED RE.12 04-00782 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE RELEASE OF THE CITY OF MIAMI'S REVERSIONARY INTERESTS IN MIAMI-DADE COUNTY ("COUNTY") OWNED PROPERTY LOCATED IN WEST MIAMI-DADE AND LEGALLY DESCRIBED IN THE RELEASE AND AGREEMENT ATTACHED HERETO AS "EXHIBIT A," IN EXCHANGE FOR MIAMI-DADE COUNTY'S RELEASE OF RESTRICTIONS AND REVERSIONARY INTERESTS IN THE PROPERTY KNOWN AS THE MARINE STADIUM AND PAYMENT TO THE CITY IN THE SUM OF TWO MILLION DOLLARS ($2,000,000); FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY AND A RELEASE OF REVERSIONARY INTERESTS, IN SUBSTANTIALLY THE FORMS ATTACHED AND INCORPORATED AS "EXHIBIT A." DATE: JULY 8, 2004 ACTION: DEFERRED RE.13 04-00818 ORDINANCE IN COMMISSION AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING SECTION 7 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," CHANGING THE DATE OF THE RUNOFF ELECTION FOR MAYOR AND CITY COMMISSIONERS FROM THE SECOND TUESDAY TO THE THIRD TUESDAY IN NOVEMBER OF ODD -NUMBERED YEARS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion 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. DI.1 04-00833 DISCUSSION ITEM DISCUSSION CONCERNING FINDINGS RELATED TO PROCEDURES APPLIED IN APPROVING BUILDING PERMITS FOR CATALONIA. DI.2 04-00838 DISCUSSION ITEM DISCUSSION RELATED TO AN AMENDMENT TO §617.2.2.2 (1) (b) OF THE CITY CODE TO CHANGE THE AMOUNT CHARGED FOR PARKING FEES IN THE SD-17 OVERLAY DISTRICT, WHERE BONUS PARKING IS PERMITTED, FROM PREVAILING RATES FOR PUBLIC METERED PARKING IN THE VICINITY, AS ESTABLISHED BY THE MIAMI DEPARTMENT OF OFFSTREET PARKING TO A SET AMOUNT. DI.3 04-00793 DISCUSSION ITEM REPORT BY THE COMMUNITY REDEVELOPMENT AGENDA (CRA)SPECIAL COUNSEL CONCERNING THE ENABLING LEGISLATION AND BUDGETING PROCESS OF THE SOUTHEAST/OVERTOWN/PARK WEST AND OMNI REDEVELOPMENT DISTRICT CRAS. City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PLANNING AND ZONING ITEMS - 9:00 AM PZ.1 04-00566 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING OR DENYING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY DENYING OR GRANTING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, REQUIRED YARD, TO ALLOW A SIDE YARD SETBACK OF 6.5' WHERE 15'0" IS REQUIRED FOR THE PROPERTY LOCATED AT APPROXIMATELY 3145 DAY AVENUE, MIAMI, FLORIDA, PURSUANT TO VARIANCE GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS, IN WHICH A BUILDING PERMIT MUST BE OBTAINED, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Appeal of a Zoning Board Decision of a Variance LOCATION: Approximately 3145 Day Avenue APPLICANT(S): Pia Clemens, Owner APPELLANT(S): Hal B. Casstevens, Adjacent Property Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval of the variance and denial of the appeal. ZONING BOARD: Granted the variance on April 26, 2004 by a vote of 5-3. PURPOSE: The approval of this appeal will not allow the new construction of a two-family residential structure with less side yard setback than required. City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.2 04-00731 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, Office GRANTING A SPECIAL EXCEPTION, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A CHILD DAYCARE FACILITY FOR 40 CHILDREN TO BE LOCATED IN A "PR" PARKS AND RECREATION ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2111 SOUTHWEST 19TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A". REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 2111 SW 19th Street APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on June 14, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a child daycare facility for forty children within Shenandoah Park. City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 SECOND READING ORDINANCE PZ.3 04-00575 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING -- City Commission ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY AMENDING SECTION 1102, ENTITLED "NONCONFORMING LOTS" RELATING TO THE R-2 DUPLEX ZONING DISTRICT BY PERMITTING BY CLASS II SPECIAL PERMIT NO MORE THAN ONE SINGLE-FAMILY UNIT ON AN INDIVIDUAL NONCONFORMING R-2 DUPLEX LOT; AND BY MODIFYING PROVISIONS REGARDING REPLATTING OF NONCONFORMING LOTS TO ALLOW REDUCTIONS IN THE DEGREE OF NONCONFORMITY; CONTAINING A REPEALER PROVISION, 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 May 19, 2004 by a vote of 7-0. PURPOSE: This will allow single-family residences on nonconforming duplex lots. DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 FIRST READING ORDINANCES PZ.4 04-00406 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 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL 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 "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 7, 2004 by a vote of 7-0. See companion File ID 04-00406a. PURPOSE: This will change the above property to General Commercial. City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.5 04-00406a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 24 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-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1884 NORTHWEST 15TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1884 NW 15th Street APPLICANT(S): Joseph Chambrot, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on May 10, 2004 by a vote of 6-2. See companion File ID 04-00406. PURPOSE: This will change the above property to C-2 Liberal Commercial. City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.6 04-00572 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH 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 "High Density Multifamily Residential" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00572a. PURPOSE: This will change the above properties to High Density Multifamily Residential. City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.7 04-00572a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 25, 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-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1622, 1630 AND 1632 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-4 Multifamily High-Denisty Residential to Change the Zoning Atlas LOCATION: Approximately 1622, 1630 and 1632 NW 22nd Avenue APPLICANT(S): 1622 Investment Corp., Castille Group Inc. and Brent Peebles APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended denial to City Commission on May 3, 2004. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-1. See companion File ID 04-00572. PURPOSE: This will change the above properties to R-4 Multifamily High -Density Residential. City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.8 04-00562 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 PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "OFFICE" 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 "Office" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-0. See companion File ID 04-00562a and 04-00562b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Riverfront West Major Use Special Permit Project. City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.9 04-00562a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 36, 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 "0" OFFICE TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET, A/K/A 55 AND 92 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from 0 Office to SD-6 Central Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: On September 13, 2004, found the application to be consistent with the adopted strategic plan, The Miami River Corridor Urban Infill Plan, in addition to The Miami River Greenway Action Plan, by a unanimous vote with a condition that the riverwalk be constructed within five years of the approval of the major use special permit. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 9-0. See companion File ID 04-00562 and 04-00562b. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential District for the proposed Riverfront West Major Use Special Permit Project. City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.10 04-00573 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2143 AND 2161 SOUTHWEST 6TH STREET AND 2160 SOUTHWEST 5TH 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 2143 and 2161 SW 6th Street and 2160 SW 5th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 6-2. See companion File ID 04-00573a. PURPOSE: This will change the above properties to Restricted Commercial. City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.11 04-00573a 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 TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2160 SOUTHWEST 5TH STREET AND 2143 AND 2161 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 from R-3 Multifamily Medium -Density Residential to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 2160 SW 5th Street and 2143 and 2161 SW 6th Street APPLICANT(S): Edward D. Pascoe, Owner and Salomon Sutton/Punta Diamante, LLC, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 5-4. See companion File ID 04-00573. PURPOSE: This will change the above properties to C-1 Restricted Commercial. City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.12 04-00574 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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "OFFICE"; 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 "Single Family Residential" to "Office" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 19, 2004 by a vote of 8-0. See companion File ID 04-00574a. PURPOSE: This will change the above properties to Office. City ofMiami Page 38 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.13 04-00574a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 32, 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-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "0" OFFICE, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16 AND 100 SOUTHWEST 41ST AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-12 Buffer Overlay District to 0 Office to Change the Zoning Atlas LOCATION: Approximately 10, 16 and 100 SW 41 st Avenue APPLICANT(S): LP Investments Enterprises, Inc., Owner and Jorge Kasabdji, Contract Purchaser APPLICANT(S) AGENT: Simon Ferro, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 7-1. See companion File ID 04-00574. PURPOSE: This will change the above properties to 0 Office. City ofMiami Page 39 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.14 04-00564 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 PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 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 Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00564a. PURPOSE: This will change the above properties to Restricted Commercial. City ofMiami Page 40 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.15 04-00564a ORDINANCE FIRST 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 WITH AN "SD-23" CORAL WAY SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3253, 3265 AND 3269 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND 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 with an SD-23 Coral Way Special Overlay District to Change the Zoning Atlas LOCATION: Approximately 3253, 3265 and 3269 SW 22nd Terrace APPLICANT(S): Coral Way Acquisition Properties, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 14, 2004 by a vote of 6-3. Also, recommended approval to change the zoning from R-2 Two -Family Residential to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District for lot 34 and SD-12 Buffer Overlay District over the remaining lots 32 and 33. See companion File ID 04-00564. PURPOSE: This will change the above properties C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. City ofMiami Page 41 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.16 04-00571 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 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, FROM "SINGLE FAMILY 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 "Single Family Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 19, 2004 by a vote of 7-1. See companion File ID 04-00571 a. PURPOSE: This will change the above properties to Restricted Commercial. City ofMiami Page 42 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.17 04-00571a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 46, 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-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-18" MINIMUM LOT SIZE DISTRICT TO "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3439 MAIN HIGHWAY, (A/K/A 2750 MCFARLANE ROAD), MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential with an SD-18 Minimum Lot Size District to SD-2 Coconut Grove Central Commercial District to Change the Zoning Atlas LOCATION: Approximately 3439 Main Highway (a/k/a 2750 McFarlane Road) APPLICANT(S): St. Stephen's Episcopal Church APPLICANT(S) AGENT: Jerry Proctor, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 8-0. See companion File ID 04-00571. PURPOSE: This will change the above properties to SD-2 Coconut Grove Central Commercial District. City ofMiami Page 43 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.18 04-00561 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 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, FROM "HIGH 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 "High Density Multifamily Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 5-1. See companion File ID 04-00561 a. PURPOSE: This will change the above property to Restricted Commercial. City ofMiami Page 44 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.19 04-00561a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, 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-4" MULTIFAMILY HIGH -DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-20" EDGEWATER OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 339 NORTHEAST 28TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-4 Multifamily High -Density Residential to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District to Change the Zoning Atlas LOCATION: Approximately 339 NE 28th Street APPLICANT(S): Dana Murphy, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 7-2. See companion File ID 04-00561. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-20 Edgewater Overlay District. City ofMiami Page 45 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.20 04-00729 ORDINANCE FIRST 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 "R-2" TWO-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2957, 2981, AND 2983 SOUTHWEST 38TH COURT, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to R-2 Two -Family Residential with an SD-12 Buffer Overlay District to Change the Zoning Atlas LOCATION: Approximately 2957, 2981 and 2983 SW 38th Court APPLICANT(S): Premier Luxury Investments, LLC APPLICANT(S) AGENT: Maria Gralia, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 14, 2004 by a vote of 6-2. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. City ofMiami Page 46 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PLANNING AND ZONING ITEMS - 2:30 PM PZ.21 04-00720 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 OCEAN PALACE PROJECT, TO BE LOCATED AT APPROXIMATELY 850 NORTHWEST LE JEUNE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF A FIVE -STORY, MIXED -USE STRUCTURE, WITH 400 TOTAL MULTIFAMILY RESIDENITAL UNITS WITH RECREATIONAL FACILITIES, 8,600 SQUARE FEET OF GROUND LEVEL, RETAIL SPACE AND APPROXIMATELY 809 TOTAL UNDERGROUND 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 Ocean Palace Project LOCATION: Approximately 850 NW Le Jeune Road APPLICANT(S): Century Homebuilders of South Florida, LLC APPLICANT(S) AGENT: Gilberto Pastoriza, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* of special exceptions to City Commission on May 10, 2004 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Ocean Palace Project. City ofMiami Page 47 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.22 04-00724 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 AVANT TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 234-272 NORTHEAST 34TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 17-STORY MIXED -USE STRUCTURE CONSISTING OF 114 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 12,900 SQUARE FEET OF COMMERCIAL USE AND 194 TOTAL 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 Avant Towers Project LOCATION: Approximately 234-272 NE 34 Street APPLICANT(S): Avant Towers, LC APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Avant Towers Project. City ofMiami Page 48 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.23 04-00721 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 TERRAZAS RIVER PARK VILLAGE PROJECT, LOCATED AT APPROXIMATELY 1861 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, TO BE COMPRISED OF TWO BUILDINGS (ONE 20-STORY AND ONE 27-STORY) HOUSING 324 TOTAL MULTIFAMILY RESIDENTIAL UNITS AND 522 TOTAL 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 Terrazas River Park Village Project LOCATION: Approximately 1861 NW S River Drive APPLICANT(S): Windmoor Project, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. MIAMI RIVER COMMISSION: Recommended approval with conditions* to City Commission on April 5, 2004 by a vote of 8-4. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Pending recommendation on July 20, 2004. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow the development of the Terrazas River Park Village Project. City ofMiami Page 49 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.24 04-00722 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 900 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 900, 928, 944 BISCAYNE BOULEVARD, AND 901, 929, AND 951 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 65-STORY MIXED -USE STRUCTURE TO BE COMPROSED OF 516 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 83,579 SQUARE FEET OF COMMERCIAL, OFFICE SPACE AND RESTAURANT AND 1,114 TOTAL 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 900 Biscayne Project LOCATION: Approximately 900, 928, 944 Biscayne Boulevard, and 901, 929, and 951 NE 2nd Avenue APPLICANT(S): 900 Biscayne, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC & ENVIRONMENTAL PRESERVATION BOARD: Recommended approval with a condition* of a certificate of appropriateness to City Commission on May 18, 2004 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception on June 28, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the 900 Biscayne Project. City ofMiami Page 50 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.25 04-00723 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE 1237 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET OF RETAIL/OFFICE USE, AND 570 TOTAL 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 1237 Biscayne Boulevard Project LOCATION: Approximately 1237 Biscayne Boulevard and 324 and 444 NE 13th Street APPLICANT(S): 1237 Biscayne Blvd, LLC, Owner and 1237 Biscayne Development Group, LLC, Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on June 16, 2004 by a vote of 6-0. ZONING BOARD: Granted the special exception with conditions* on June 28, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the 1237 Biscayne Boulevard Project. City ofMiami Page 51 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.26 04-00522 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A MODIFICATION TO A DECLARATION OF RESTRICTIVE COVENANT ("ZONING COVENANT") DATED SEPTEMBER 28, 1992 AND RECORDED IN OFFICIAL RECORDS BOOK 15663, PAGE 0716-0720, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2947-2949 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A", IN ORDER TO AMEND CERTAIN SECTIONS OF THE COVENANT IN THE MANNER DESCRIBED THEREIN. REQUEST: Modification to a Covenant LOCATION: Approximately 2947-2949 SW 22nd Terrace APPLICANT(S): Judy Galindo, Owner of Latin American Cafeteria -Restaurant APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow a modification to an existing covenant. DATE: JUNE 24, 2004 ACTION: CONTINUED City ofMiami Page 52 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 SECOND READING ORDINANCES PZ.27 04-00191 ORDINANCE SECOND 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 3720 SOUTHWEST 27TH 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 3720 SW 27th Terrace APPLICANT(S): Fanio and Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the requried five favorable votes), constituting a denial to City Commission on February 18, 2004 by a vote of 4-4. See companion File ID 04-00191a. PURPOSE: This will change the above property to Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. DATE: MAY 27, 2004 ACTION: CONTINUED DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 53 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.28 04-00191a 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 PROPERTY LOCATED AT APPROXIMATELY 3720 SOUTHWEST 27TH 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 3720 SW 27th Terrace APPLICANT(S): Fanio & Caliz Marrero, Owners FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on March 8, 2004 by a vote of 5-4. See companion File ID 04-00191. PURPOSE: This will change the above property to C-1 Restricted Commercial. REQUESTED TO BE CONTINUED TO SEPTEMBER 23, 2004. DATE: MAY 27, 2004 ACTION: CONTINUED DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 54 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.29 04-00559 ORDINANCE SECOND 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 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES TRANSPORTATION AND UTILITIES;" 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 "Single Family Residential" to "Major Institutional, Public Facilities Transporation and Utilities" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval of a motion, which failed (due to failure to obtain the requried five favorable votes), constituting a denial to City Commission on May 5, 2004 by a vote of 4-2. See companion File ID 04-00559a. PURPOSE: This will change the above properties to Major Institutional, Public Facilities Transporation and Utilities. DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: CHAIRMAN TEELE VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 55 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.30 04-00559a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 43, 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-1 SINGLE-FAMILY RESIDENTIAL, SD-3 COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT AND SD-18 MINIMUM LOT SIZE DISTRICT TO G/I GOVERNMENT AND INSTITUTIONAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2035 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-1 Single -Family Residential, SD-3 Coconut Grove Major Streets Overlay District and SD-18 Minimum Lot Size District to G/I Government and Institutional to Change the Zoning Atlas LOCATION: Approximately 1990, 2000 and 2020 Tigertail Avenue and 2015 and 2035 South Bayshore Drive APPLICANT(S): Ransom Everglades School, Inc. APPLICANT(S) AGENT: Carter N. McDowell, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 24, 2004 by a vote of 6-3. See companion File ID 04-00559. PURPOSE: This will change the above properties to G/I Government and Institutional. DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 56 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.31 04-00389 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 3804-3820 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL 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 "General Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 31, 2004 by a vote of 8-0. See companion File ID 04-00389a. PURPOSE: This will change the above properties to General Commercial. DATE: MAY 27, 2004 ACTION: CONTINUED DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 57 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.32 04-00389a ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 17, 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-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3804-3820 NORTHWEST 12TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from R-2 Two -Family Residential to C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 3804-3820 NW 12th Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 21, 2004 by a vote of 9-0. See companion File ID 04-00389. PURPOSE: This will change the above properites to C-2 Liberal Commercial. DATE: MAY 27, 2004 ACTION: CONTINUED DATE: JUNE 24, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 58 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.33 04-00407 ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT G" FROM "RECREATION" TO "RESTRICTED COMMERCIAL;" SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Recreation" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407a, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Restricted Commercial. DATE: MAY 27, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 59 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.34 04-00407a ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, 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 PR PARKS AND RECREATION TO C-1 RESTRICTED COMMERCIAL FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT G," MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from PR Parks and Recreation to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Watson Island Tract G APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 5-2. See companion File ID 04-00407, 04-00407b and 04-00407c. PURPOSE: This will change the above portion of Watson Island to C-1 Restricted Commercial. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 60 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.35 04-00407b ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H" FROM "RESTRICTED COMMERCIAL" TO "RECREATION"; SAID PROPERTY MORE PARTICULARLY DESCRIBED IN "EXHIBIT A;" CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Restricted Commercial" to "Recreation" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Watson Island Tract H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407c. PURPOSE: This will change the above portion of Watson Island to Recreational. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 3 - COMMISSIONER WINTON, SANCHEZ AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 61 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.36 04-00407c ORDINANCE SECOND READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH -- City Commission ATTACHMENT(S), AMENDING PAGE NO. 22, 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 C-1 RESTRICTED COMMERCIAL TO PR PARKS AND RECREATION FOR AN AREA LOCATED ON WATSON ISLAND MORE PARTICULARLY KNOWN AS "WATSON ISLAND TRACT H," MIAMI, FLORIDA, LEGALLY DESCRIBED, IN ATTACHED "EXHIBIT A," CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, from C-1 Restricted Commercial to PR Parks and Recreation to Change the Zoning Atlas LOCATION: Watson Island Tract H APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2004 by a vote of 6-1. See companion File ID 04-00407, 04-00407a and 04-00407b. PURPOSE: This will change the above portion of Watson Island to PR Parks and Recreation. DATE: MAY 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 3 - COMMISSIONER WINTON, SANCHEZ AND TEELE ABSENT: 2 - COMMISSIONER GONZALEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 62 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.37 04-00716 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTIONS 903 AND 907, IN ORDER TO MODIFY LANGUAGE PERTAINING TO RULES CONCERNING PROJECTS CROSSING DISTRICT BOUNDARIES OR STREETS, AND HEIGHT OF BUILDINGS ABUTTING RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION AND 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 on July 7, 2004 by a vote of 6-1. PURPOSE: This will modify language pertaining to rules concerning projects crossing district boundaries or streets and height of buildings abutting residential districts. DATE: JULY 8, 2004 MOVER: VICE CHAIRMAN SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 4 - COMMISSIONER WINTON, SANCHEZ, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 63 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 FIRST READING ORDINANCES PZ.38 04-00673 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS; CONTAINING A REPEALER PROVISION AND 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 June 2, 2004 by a vote of 7-1. PURPOSE: This will modify height, setback and parking limitations to properties on the SD-9 Biscayne Boulevard North Overlay District. City ofMiami Page 64 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.39 04-00725 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 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, IN ORDER TO MODIFY PERMISSIBLE USES IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING CLASSIFICATION TO ALLOW PUBLIC UTILITIES AS A CONDITIONAL USE, PROVIDING FOR CRITERIA, SCREENING REQUIREMENTS AND LIMITATIONS; CONTAINING A REPEALER PROVISION AND 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 June 16, 2004 by a vote of 6-0. PURPOSE: This will allow public utilities as a conditional use in R-4 Multifamily High -Density Residential. City ofMiami Page 65 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.40 04-00674 ORDINANCE FIRST READING AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA; AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO PROVIDE FOR A NEW ARTICLE NO. 8.1 ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMIT APPLICATIONS, REQUIREMENTS, REVIEW, FEES, AND CRITERIA FOR REMOVAL; PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT, PENALTIES AND REMEDIES; CONTAINING A REPEALER PROVISION AND A SEVERABLITY 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 June 2, 2004 by a vote of 8-0. See companion File ID 04-00674a. PURPOSE: This will create a new article to the Zoning Ordinance entitled, "Tree Protection." City ofMiami Page 66 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.41 04-00674a ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, "ZONING AND PLANNING" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE XII ENTITLED, "TREE TRUST FUND;" ADDING AN INTENT STATEMENT AND PROVIDING FOR ADMINISTRATION AND REGULATIONS; AND PROVIDING FOR TRUST FUND PAYMENTS AS SPECIFIED IN SECTION 8.1.6.6 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Code of the City of Miami APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. See companion File ID 04-00674. PURPOSE: This will amend the Miami City Code by creating a new article entitled, "Tree Trust Fund." City ofMiami Page 67 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.42 04-00672 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE AMENDING SECTION 401 OF THE ZONING ORDINANCE -- City Commission OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITILED, "SCHEDULE OF DISTRICT REGULATIONS" RELATING TO THE G/I GOVERNMENT AND INSTITUTIONAL ZONING DISTRICT BY PERMITTING NON -GOVERNMENTAL AND INSTITUTIONAL USES ONLY IF ANCILLARY TO THE GOVERNMENTAL AND INSTITUTIONAL USES PERMITTED, AND TO THE EXTENT OF LESS INTENSE PERMITTED USE OF THE ABUTTING PROPERTY ONLY, CONTAINING A REPEALER PROVISION, 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 (as modified) to City Commission on June 2, 2004 by a vote of 8-0. PURPOSE: This will amend the G/I Government and Institutional District to allow non -governmental and institutional uses only if ancillary to the main use. City ofMiami Page 68 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 The following item shall not be considered until 5:00 pm. PZ.43 04-00460 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F.K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO ALLOW A MODIFICATON TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF 999 MULTIFAMILY UNITS, 209 HOTEL UNITS WITH RECREATIONAL AMENITIES, 34,975 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 1,474 PARKING SPACES AND TO INCREASE THE FLOOR AREA RATIO (FAR) BY 20%; 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 Villa Magna (f.k.a. Bayshore Palms Phase II) LOCATION: Approximately 1201 Brickell Bay Drive APPLICANT(S): Tibor Hollo, Member, Excel.com LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Villa Magna Project. DATE: MAY 27, 2004 ACTION: CONTINUED DATE: JUNE 24, 2004 ACTION: CONTINUED City ofMiami Page 69 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 The following items shall not be considered until 7:00 pm. PZ.44 04-00649 ORDINANCE SECOND 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 6, IN ORDER TO ADD A NEW SPECIAL OVERLAY DISTRICT ENTITLED SD-24 SW 27TH AVENUE SPECIAL OVERLAY DISTRICT, ADDING AN INTENT STATEMENT AND CREATING SPECIAL DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND 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 of a motion, which failed (due to failure to obtain the required five favorable votes), constituting a denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649a. PURPOSE: This will establish a new special district for SW 27th Avenue from Coral Way to US-1. DATE: JUNE 24, 2004 MOVER: COMMISSIONER REGALADO SECONDER: VICE CHAIRMAN SANCHEZ VOTE: AYES: 5 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ, REGALADO AND TEELE ACTION: PASSED ON FIRST READING City ofMiami Page 70 Printed on 3/11/2008 City Commission Meeting Agenda July 22, 2004 PZ.45 04-00649a ORDINANCE SECOND READING AN ORDINANCE AMENDING PAGE NOS. 42 AND 43 OF THE ZONING ATLAS OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE ZONING CLASSIFICATION FOR THOSE PROPERTIES LOCATED ALONG THE SOUTHWEST 27TH AVENUE CORRIDOR FROM CORAL WAY TO US-1, EXCLUDING ONLY SUCH PROPERTIES LOCATED ON THE WEST SIDE OF THE CORRIDOR AND LOCATED BETWEEN US-1 AND SOUTHWEST 25TH STREET FROM C-1 RESTRICTED COMMERCIAL AND 0 OFFICE TO C-1 RESTRICTED COMMERCIAL AND 0 OFFICE WITH AN SD-24 SOUTHWEST 27TH AVENUE SPECIAL OVERLAY DISTRICT; SAID PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "A;" 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. 11000, from C-1 Restricted Commercial and 0 Office to C-1 Restricted Commercial and 0 Office with an SD-24 Southwest 27th Avenue Special Overlay District to Change the Zoning Atlas LOCATION: Along the SW 27th Avenue Corridor from Coral Way to US-1, Excluding Only Such Properties Located on the West Side of the Corridor and Located Between US-1 and SW 25th Street APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 16, 2004 by a vote of 3-3. This is a companion to File ID 04-00649. PURPOSE: This will implement the new SD-24 Southwest 27th Avenue Special Overlay District on portions of SW 27th Avenue from Coral Way to US-1. DATE: JUNE 24, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, REGALADO AND TEELE ABSENT: 1 - COMMISSIONER SANCHEZ ACTION: PASSED ON FIRST READING City ofMiami Page 71 Printed on 3/11/2008