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HomeMy WebLinkAboutCC 2004-10-28 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 28, 2004 9:00 AM PLANNING AND ZONING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chairman Angel Gonzalez, Vice Chairman Johnny L. Winton, Commissioner District Two Tomas Regalado, Commissioner District Four Jeffery L. Allen, Commissioner District Five Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda October 28, 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 shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the city commission then present or (b) at the conclusion of the regularly City ofMiami Page 2 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 scheduled agenda, whichever occurs first. This rule does not apply when the city commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.7 may be heard in the number sequence or as announced by the Commission M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS PH - PUBLIC HEARINGS 3:00 P.M. - PH.6 - Transfering 30th year funds - from Edgewater Economic Dev. Corp.Inc. 3:00 P.M. - PH.7 - Transferring funds - from CRA Reserve Account 3:00 P.M. - PH.8 - Transferring CDBG Funds from Closed out Activities 3:00 P.M. - PH.9 - Transfering ESG Funds - from Catholic Charities 3:00 P.M. - PH.10 - Waiver of Conflict of Interest - Kiddie Kop Child Care, Inc. EM - EMERGENCY ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS City ofMiami Page 4 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PART B PZ - PLANNING AND ZONING ITEMS The Planning and Zoning items shall not be considered before 2:30 pm. TIME CERTAIN 5:30 PM - PZ.33 - Major Use Special Permit - Villa Magna City ofMiami Page 5 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS 04-01195 CEREMONIAL ITEM Name of Honoree Presenter The Royal Caribbean G.I.V.E. Back to Communities Day Kristopher Smith Mayor Diaz John Nigro Mayor Diaz Carlos Rivera Mayor Diaz Kaseen Smith Mayor Diaz Michael Mitchell Mayor Diaz William Hayward Mayor Diaz Michel Rosyn Mayor Diaz Wilfredo Valladares Mayor Diaz Wilson Johnson Mayor Diaz Antonio Garrandes Mayor Diaz Sergeant Reginald Kinchen Mayor Diaz Officer Johnny Mathis Mayor Diaz Officer Carrie Palmer Mayor Diaz Faye McFadden Mayor Diaz VonCarol Kinchens Mayor Diaz Ernest King Mayor Diaz The Woman's Club of Coconut Grove Commissioner Winton Milam's Market Commissioner Winton Protocol Item Commendation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Certificate of Appreciation Proclamation Certificate of Appreciation 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 MEETINGS: Planning and Zoning Meeting of September 23, 2004 Special Planning and Zoning Meeting of September 27, 2004 Special Meeting of October 1, 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.7 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.7 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 City ofMiami Page 6 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 the Consent Agenda will now be taken. CA.1 04-01134 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE Public Works MIAMI-DADE COUNTY FEDERAL EMERGENCY MANAGEMENT AGENCY ROAD RESTORATION AND DRAINAGE REPLACEMENT PROJECT, CONTRACT NO. C01-DERM-EEC, LOCATED ON NORTHWEST 62ND STREET BETWEEN NORTHWEST 2ND AVENUE AND NORTHWEST 7TH AVENUE, MIAMI, FLORIDA, AS A JOINT PROJECT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER, PURSUANT TO SECTION 54-17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO WAIVE ALL CITY OF MIAMI PUBLIC WORKS EXCAVATION FEES, IN AN AMOUNT OF $28,000, ASSESSED PURSUANT TO SECTION 54-43 OF THE CITY CODE. CA.2 04-01135 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY FELIX ACEVEDO, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $72,500 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF FELIX ACEVEDO V. CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 04-16448 CA 21, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.652. City ofMiami Page 7 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 CA.3 04-01139 Department of General Services Administration CA.4 04-01144 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF TOSHIBA BUSINESS SOLUTIONS, TO FURNISH COPIER SERVICES TO BE UTILIZED CITYWIDE, FOR THE DEPARTMENT OF PURCHASING, ON A LEASE/RENTAL CONTRACT BASIS, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR AN ADDITIONAL ONE-YEAR PERIOD, AT AN ANNUAL AMOUNT NOT TO EXCEED $258,181.48, WITH AN ESTIMATED ANNUAL CONTINGENCY AMOUNT NOT TO EXCEED $75,000, FOR A TOTAL ANNUAL AMOUNT NOT TO EXCEED $333,181.48, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $999,544.44; ALLOCATING FUNDS FROM THE OPERATING BUDGETS OF THE VARIOUS USER DEPARTMENTS AND AGENCIES, SUBJECT TO BUDGETARY APPROVAL. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY FUNDED AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FUNDS FOR THE "BISCAYNE BOULEVARD CROSS STREETS CONVERSION PROJECT" TO CONVERT NORTHEAST 9TH, 10TH, AND 11TH STREETS FROM NORTHEAST 2ND AVENUE TO BISCAYNE BOULEVARD, FROM ONE-WAY OPERATIONAL TO TWO-WAY OPERATIONAL STREETS, IN AN AMOUNT NOT TO EXCEED $82,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 341330, ENTITLED "CITYWIDE TRANSPORTATION AND TRANSIT;" AUTHORIZING THE CITY MANAGER TO APPROVE ADDITIONAL PAYMENTS IN AN AMOUNT NOT TO EXCEED $7,500, FROM THE RETAINED CONTINGENCY FUND IN THE EVENT ADDITIONAL MONIES ARE NEEDED FOR CHANGE ORDERS; ALLOCATING FUNDS FROM THE ABOVE -MENTIONED CIP ACCOUNT. City ofMiami Page 8 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 CA.5 04-01149 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 03-04-102, THAT THE FIRM MOST QUALIFIED TO PROVIDE INVENTORY SERVICES FOR THE DEPARTMENT OF POLICE IS RGIS INVENTORY SPECIALISTS ("RGIS"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RGIS, AT AN AMOUNT NOT TO EXCEED $60,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690002, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENT OF JUSTICE, "GUIDE TO EQUITABLE SHARING." CA.6 04-01176 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $395,000, TO BE USED AS MATCHING FUNDS AS REQUIRED FOR THE CITY OF MIAMI'S GRANT APPLICATION, ATTACHED AND INCORPORATED, TO THE FLORIDA BUREAU OF HISTORIC PRESERVATION, SPECIAL CATEGORY GRANT PROGRAM ("BUREAU"), FOR HISTORICAL AND STRUCTURAL REHABILITATION PROJECT NO. B-30121, RESTORING THE HISTORIC PAN AMERICAN SEAPLANE TERMINAL ("CITY HALL"), CONTINGENT UPON: (1) THE AWARD OF SAID GRANT FUNDS; AND (2) THE CITY COMMISSION'S APPROVAL OF A GRANT AGREEMENT WITH THE BUREAU; ALLOCATING FUNDS FROM THE CITY'S HISTORIC PRESERVATION INITIATIVE PROJECT NO. 327001, HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BONDS FOR SAID PURPOSE. CA.7 04-01182 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PURCHASE AND INSTALLATION OF THE FOLLOWING 911 SYSTEM ENHANCEMENTS TO INCLUDE MAINTENANCE FOR THE DEPARTMENT OF POLICE: POSITRON LIFE LINE 100 ANI/ALI CONTROLLER, CONSISTING OF ITEMS ON THE LIST, ATTACHED AND INCORPORATED, FROM BELLSOUTH TELECOMMUNICATIONS, INC., AWARDED UNDER EXISTING BROWARD COUNTY REQUEST FOR LETTERS OF INTEREST NO. 022300-RB, IN AN AMOUNT NOT TO EXCEED $1,769,276; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SPECIAL SERVICE ARRANGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A SIXTY -MONTH PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $160,368; AND AUTHORIZING AN UPGRADE OF THE EXISTING DEFINITY TELEPHONE SYSTEM AND INSTALLING A COMPUTER TELEPHONY INTERFACE, FROM AVAYA, INC., AWARDED UNDER AN EXISTING STATE OF FLORIDA CONTRACT NO. 730-650-99-1, City ofMiami Page 9 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 EFFECTIVE UNTIL FEBRUARY 16, 2005, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $266,855, PLUS $2,000 FOR MONTHLY MAINTENANCE COSTS, FOR TOTAL ANNUAL MAINTENANCE COSTS IN THE AMOUNT NOT TO EXCEED $24,000; ALLOCATING FUNDS FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NOS. 196003.290531.6.840, 196002.290460.6.510 AND 196003.290531.6.670. END OF CONSENT AGENDA City ofMiami Page 10 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 11 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ City ofMiami Page 12 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 DISTRICT 2 COMMISSIONER JOHNNY L. WINTON D2.1 04-01194 DISCUSSION ITEM District 2- DISCUSSION CONCERNING THE FUNDING FOR THE MIAMI WORKS Commissioner Marc PROJECT. David Sarnoff City ofMiami Page 13 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 DISTRICT 3 CHAIRMAN JOE SANCHEZ City ofMiami Page 14 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 D4.1 04-01175 District 4- Commissioner Tomas Regalado D4.2 04-01138 District 4- Commissioner Tomas Regalado D4.3 04-01193 District 4- Commissioner Tomas Regalado D4.4 04-01120 District 4- Commissioner Tomas Regalado D4.5 04-01190 District 4- Commissioner Tomas Regalado DISTRICT 4 COMMISSIONER TOMAS REGALADO DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE LAW DEPARTMENT REGARDING THE ADULT LIVING FACILITIES IN THE SHENANDOAH AREA OWNED BY FAMILY BOARDING HOME, INC. DISCUSSION ITEM MR. BEN BURTON, EXECUTIVE DIRECTOR OF THE MIAMI COALITION FOR THE HOMELESS INC., TO ADDRESS THE COMMISSION CONCERNING THE FEEDING AND SERVICE PLAN FOR LOW INCOME AND HOMELESS FAMILIES AND INDIVIDUALS IN THE CITY OF MIAMI. DATE: OCTOBER 14, 2004 ACTION: DEFERRED DISCUSSION ITEM DISCUSSION CONCERNING AN UPDATE FROM THE ADMINISTRATION REGARDING MIAMI-DADE COUNTY'S MIAMI INTERNATIONAL AIRPORT - NO SCHOOL ZONE PROPOSAL AND THE POTENTIAL IMPACT ON DISTRICT 1 AND DISTRICT 4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0610, ADOPTED SEPTEMBER 9, 2004, TO INCLUDE THE WAIVER OF COSTS AND FEES FOR THE CO -SPONSORED ANNUAL SOURCE AWARDS 3-DAY EVENT, SCHEDULED FOR OCTOBER 2004; AMENDING SAID RESOLUTION TO REFLECT SAID CHANGE. DATE: OCTOBER 14, 2004 ACTION: DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $300, TO CO-SPONSOR, WITH THE CENTER FOR FREE CUBA, THE EVENT ENTITLED: "A CELEBRATION OF FREEDOM: THE 15TH ANNIVERSARY OF THE FALL OF THE BERLIN WALL," TO BE HELD ON NOVEMBER 9, 2004, AT THE MANUEL ARTIME THEATRE; ALLOCATING FUNDS FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 001000.920919.6.930. City ofMiami Page 15 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN City ofMiami Page 16 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PUBLIC HEARING PH.1 04-01136 ORDINANCE PUBLIC HEARING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works CHAPTER 55/SECTION 55-15 OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS/VACATION AND CLOSURE OF RIGHTS OF -WAY AND PLATTED EASEMENTS BY PLAT" TO ELIMINATE THE TIME RESTRICTIONS FOR SUBMISSION OF AN APPLICATION FOR THE ALTERNATIVE METHOD FOR CLOSURE OF ALLEYS ABUTTING PARCELS OF LAND ZONED R-1 AND/OR R-2; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. PH.2 04-01137 ORDINANCE PUBLIC HEARING Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Public Works CHAPTER 54/ARTICLE IV/SECTION 54-130 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS/NAMES OF DRIVES AND ROADS," BY CHANGING THE NAME OF SOUTHWEST 15TH ROAD BETWEEN SOUTHWEST 11TH STREET AND BRICKELL AVENUE TO BROADWAY; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PH.3 04-01172 ORDINANCE PUBLIC HEARING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 8309, AS AMENDED, EXTENDING THE FRANCHISE AGREEMENT WITH NUI UTILITIES, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE, IN SUBSTANTIALLY THE ATTACHED FORM, THE FRANCHISE EXTENSION AGREEMENT EXTENDING THE AGREEMENT UNTIL THE EARLIER OF 1) JANUARY 14, 2005, OR 2) THE DATE IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF ANY SUBSEQUENT FRANCHISE AGREEMENT ENTERED INTO BY THE CITY AND THE FRANCHISEE; CONTAINING A REPEALER PROVISION, A SEVERABLITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. PH.4 04-01174 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS PRACTICABLE AND MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT ORIGINALLY ENTERED INTO ON SEPTEMBER 25, 1979, FOR TERREMARK AT DINNER KEY, INC., WHO IS CURRENTLY DOING City ofMiami Page 17 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 BUSINESS AS DINNER KEY RESTAURANT, INC., TO PROVIDE CONCESSION SERVICES AT THE COCONUT GROVE CONVENTION CENTER FOR ONE NINETY -DAY PERIOD, WITH THE OPTION TO RENEW FOR THREE ADDITIONAL NINETY -DAY PERIODS; WITH A TERM NOT TO BE EXTENDED BEYOND SEPTEMBER 30, 2005. PH.5 04-01141 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE ACQUISITION OF GEOGRAPHIC INFORMATION SOFTWARE BASED SOFTWARE LICENSES, TRAINING, SERVICES, MAINTENANCE AND PRODUCT SUPPORT FOR VARIOUS ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. ("ESRI") PRODUCTS WHICH INCLUDE, BUT ARE NOT LIMITED TO, ARCINFO, ARCINFO WORKSTATION EXTENSIONS (ARCNETWORK, ARCCOGO, AND ARCSCAN), ARCEDITOR, ARCGIS SERVER, ARCGIS SERVER EXTENSIONS (SPATIAL OPTION, 3D OPTION, AND STREETMAP OPTION), ARCSDE, ARCGIS SCHEMATICS, AND NETENGINE, FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY, FROM ESRI, THE SOLE SOURCE PROVIDER, FOR AN INITIAL AMOUNT NOT TO EXCEED $100,000, AND A FIVE-YEAR PERIOD TOTAL AMOUNT NOT TO EXCEED $780,000; ALLOCATING FUNDS FROM INFORMATION TECHNOLOGY DEPARTMENT STRATEGIC REVENUES, OTHER VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, GRANTS, AND THE OPERATING BUDGETS OF VARIOUS USER DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 3:00 P.M. PH.6 04-01150 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 30TH YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $40,000, FROM THE EDGEWATER ECONOMIC DEVELOPMENT CORPORATION, INC.; ALLOCATING SAID FUNDS TO THE DOWNTOWN MIAMI PARTNERSHIP, INC., IN THE AMOUNT OF $20,000, AND TO THE RAFAEL HERNANDEZ HOUSING & ECONOMIC DEVELOPMENT CORP., IN THE AMOUNT OF $20,000, TO PROVIDE TECHNICAL ASSISTANCE TO PRIVATE -FOR -PROFIT ENTITIES, COMMERCIAL FAQADE TREATMENT PROGRAMS AND COMMERCIAL CODE COMPLIANCE PROGRAMS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH SAID AGENCIES. PH.7 04-01151 RESOLUTION City ofMiami Page 18 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE TOTAL AMOUNT OF $2,965,179, FROM THE CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY ("CRA") RESERVE ACCOUNT; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $776,210, TO THE CITY OF MIAMI CRA'S GRAND PROMENADE PROJECT, AND THE AMOUNT OF $2,188,969 TO THE DISTRICT 5 SINGLE FAMILY REHABILITATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE CRA FOR SAID PURPOSE. PH.8 04-01152 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, IN THE AMOUNT OF $214,510.67, FROM CLOSED OUT ACTIVITIES; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI INGLE FAMILY PROGRAMS FOR THE HARD COSTS ASSOCIATED WITH HOUSING REHABILITATION. PH.9 04-01153 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF EMERGENCY Development SHELTER GRANT FUNDS, IN THE AMOUNT OF $140,158.94, FROM CATHOLIC CHARITIES OF THE ARCHDIOCESES OF MIAMI, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI HOMELESS PROGRAM FOR THE PROVISION OF ESSENTIAL SERVICES (TEMPORARY SHELTER, JOB SEARCH ASSISTANCE, PERMANENT HOUSING REFERRALS) TO THE HOMELESS POPULATION OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY. City ofMiami Page 19 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PH.10 04-01154 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR- FIFTHS Community (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO Development SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY"), AS AMENDED, TO ENABLE FREDERICA P. BURDEN, PRESIDENT OF KIDDIE KOP CHILD CARE, INC., TO ENTER INTO AN AGREEMENT WITH THE CITY DEPARTMENT OF COMMUNITY DEVELOPMENT FOR PUBLIC FACILITIES/IMPROVEMENTS. City ofMiami Page 20 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 ORDINANCES - EMERGENCY (Note: This item is being presented as an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety and property of the City of Miami, and upon further grounds of the necessity to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required purchases of goods and supplies and to generally carry on the functions and duties of municipal affairs) EM.1 04-01156 ORDINANCE EMERGENCY ORDINANCE (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 12420, THE ANNUAL APPROPRIATIONS ORDINANCE TO INCREASE CERTAIN OPERATIONAL AND BUDGETARY APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2004, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 21 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 ORDINANCES - FIRST READING Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 04-01165 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT," TO PROVIDE FOR A NEW PARAGRAPH TO SECTION 2-267 ENTITLED "SAME -ENUMERATION," TO AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AND ISSUE LICENSE AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH WILLING PROPERTY OWNERS FOR MINIMAL IMPROVEMENTS TO THEIR PROPERTY WHEN REQUIRED IN CONNECTION WITH RIGHT-OF-WAY IMPROVEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 RESOLUTIONS RE.1 04-01140 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING AN INTEREST RATE SWAP OPTION TRANSACTION IN CONNECTION WITH THE FUTURE REFUNDING OF THE OUTSTANDING CITY OF MIAMI, FLORIDA ("CITY") NON -AD VALOREM REVENUE BONDS TAXABLE PENSION SERIES 1995; AUTHORIZING THE ISSUANCE OF AN AGGREGATE PRINCIPAL AMOUNT OF CITY NON -AD VALOREM VARIABLE RATE REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2006, IN AN AMOUNT NOT TO EXCEED $75,000,000, TO REFUND THE OUTSTANDING CITY NON -AD VALOREM REVENUE BONDS, TAXABLE PENSION SERIES 1995; APPROVING THE SWAP COUNTERPARTY; APPROVING THE FORM AND AUTHORIZING THE INTERNATIONAL SWAP DEALERS ASSOCIATION, INC., MASTER AGREEMENT, SCHEDULES TO THE MASTER AGREEMENT, A CREDIT SUPPORT ANNEX AND RELATED DOCUMENTS; APPROVING MORGAN STANLEY & CO. INCORPORATED AS THE UNDERWRITER AND REMARKETING AGENT OF SUCH REFUNDING BONDS; APPROVING A SWAP FINANCIAL ADVISOR; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. RE.2 04-01166 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 04-0516, ADOPTED JULY 29, 2004, RELATING TO JOB ORDER CONTRACTS APPROVED FOR SEVEN (7) CONTRACTING FIRMS IDENTIFIED THEREIN, TO CORRECT THE CONTRACT AMOUNTS LISTED FOR INDIVIDUAL AND COMBINED CONTRACTS OVER THE INITIAL TERM AND ONE RENEWAL OF THE CONTRACTS RESULTING IN A COMBINED TOTAL CONTRACT AMOUNT NOT TO EXCEED $58,000,000, FOR ALL CONTRACTORS FOR THE SPECIFIED PERIOD; CLARIFYING CONDITIONS OF CONTRACT RENEWALS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS, SUBJECT TO BUDGETARY APPROVAL. RE.3 04-01169 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MINNESOTA MUTUAL, THE TOP -RANKED FIRM IN RESPONSE TO REQUEST FOR PROPOSAL NO. 03-04-078, PURSUANT TO RESOLUTION NO. 04-0675, ADOPTED OCTOBER 14, 2004, FOR EMPLOYEE BENEFIT LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT PLANS, FOR A THREE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL TWO-YEAR PERIODS EACH. RE.4 04-01088 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 23 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FLORIDA INTERNATIONAL UNIVERSITY TO PROVIDE TECHNICAL SUPPORT TO LEADERSHIP GROUPS IN THE COMMUNITY OF OVERTOWN FOR TRANSPORTATION -RELATED PROJECTS, THROUGH JUNE 31, 2006, IN AN AMOUNT NOT TO EXCEED $57,000; ALLOCATING FUNDS FROM THE NEW SPECIAL REVENUE FUND ENTITLED: "OVERTOWN TECHNICAL SUPPORT FUND," APPROVED BY RESOLUTION NO. 04-0565, ADOPTED SEPTEMBER 9, 2004, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION. DATE: OCTOBER 14, 2004 ACTION: DEFERRED RE.5 04-01046 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY ("COVENANT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR: (1) LIMITATIONS ON FUELING TO LESSEES OF THE DOCKING FACILITIES AND PUBLIC AGENCY VESSELS; (2) RESTRICTION ON THE NUMBER OF POWERBOATS LESS THAN ONE -HUNDRED FEET IN LENGTH THAT CAN BE MOORED AT THE FLAGSTONE ISLAND GARDENS MARINA FACILITY CONCURRENTLY; (3) RESTRICTION ON THE NUMBER OF VESSELS MOORED AT THE FACILITY TO FIFTY (50) CONCURRENTLY; AND (4) RESTRICTION THAT SERVICE VESSELS CAN ONLY OPERATE WITHIN THE IMMEDIATE VICINITY OF THE DOCKING FACILITY, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID COVENANT. RE.6 04-01164 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ADORNO & YOSS, P.A. TRUST ACCOUNT, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $7,000,000 (SEVEN MILLION DOLLARS) AS FOLLOWS: $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2004 AND $3,500,000, TO BE PAID NO LATER THAN DECEMBER 5, 2005, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE "REFUND" PORTION OF THE NAGYMIHALY, ET AL V. THE CITY OF MIAMI, IN THE MIAMI-DADE COUNTY CIRCUIT COURT, CASE NO. 98-11208 CA-01, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 109001.280905.9.952. City ofMiami Page 24 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 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 04-01157 DISCUSSION ITEM DISCUSSION CONCERNING THE CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. DI.2 04-01196 DISCUSSION ITEM DISCUSSION CONCERNING THE "TREE PROTECTION ORDINANCE". City ofMiami Page 25 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PART B The following items shall not be considered before 2:30 pm. PZ.1 04-00671 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 201 THROUGH 261 SOUTHWEST 6TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 201-261 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 7-1. See companion File ID 04-00671 a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 26 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.2 04-00671a 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 "SD-4" WATERFRONT INDUSTRIAL DISTRICT AND "I" INDUSTRIAL TO "SD-7" CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 227-243 SOUTHWEST 6TH STREET, 261 SOUTHWEST 6TH STREET AND 201-227 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 SD-4 Waterfront Industrial District and I Industrial to SD-7 Central Brickell Rapid Transit Commercial -Residential District to Change the Zoning Atlas LOCATION: Approximately 227-243 SW 6th Street, 261 SW 6th Street and 201-227 SW 6th Street APPLICANT(S): 261 Brickell, LLC, Owner and Omega Alpha Engineering USA Group, Contract Purchaser APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Unanimously recommended approval to City Commission on September 13, 2004. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 6-3. See companion File ID and 04-00671. PURPOSE: This will change the above properties to SD-7 Central Brickell Rapid Transit Commercial -Residential District. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 27 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.3 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: JULY 29, 2004 ACTION: CONTINUED City ofMiami Page 28 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.4 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 DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 29 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.5 04-00780 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, GRANTING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 9, SECTION 934.2.1, COMMUNITY BASED RESIDENTIAL FACILITIES, PROCEDURES, TO ALLOW A CHANGE OF OWNERSHIP, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CITY COMMISSION APPROVAL, ZONED "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 4491 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A." REQUEST: Special Exception Requiring City Commission Approval LOCATION: Approximately 4491 SW 8th Street APPLICANT(S): Central Residential, Inc., Owner and Dumes, Inc, Contract Purchaser APPLICANT(S) AGENT: Peter Previti, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on June 28, 2004 by a vote of 7-0. PURPOSE: This will change the ownership of an existing community -based residential facility. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 30 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.6 04-00726 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, ACCEPTING, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN UPDATE AS APPROVED BY THE PLANNING ADVISORY BOARD ("PAB"). REQUEST: To Accept the Southeast Overtown/Park West Community Redevelopment Agency (CRA) Community Redevelopment Plan APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval in concept to City Commission on June 16, 2004 by a vote of 7-0. Pending final recommendation on October 20, 2004. PURPOSE: This will accept the Southeast Overtown/Park West Community Redevelopment Plan. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 31 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.7 04-01099 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 ONYX 2 PROJECT, LOCATED AT APPROXIMATELY 421-455 NORTHEAST 28TH STREET AND 460-462 NORTHEAST 28TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A 543-FOOT, 49-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF 117 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, AND 163 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 Onyx 2 Project LOCATION: Approximately 421-455 NE 28th Street and 460-462 NE 28th Street APPLICANT(S): 02, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 1, 2004 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the development of the Onyx 2 Project. City ofMiami Page 32 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.8 04-01109 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE PREMIERE TOWERS BRICKELL VILLAGE PROJECT, TO BE LOCATED AT APPROXIMATELY 824-850 SOUTH MIAMI AVENUE AND 29-59 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO 579-FOOT, 52-STORY HIGH MIXED -USE TOWERS CONSISTING OF APPROXIMATELY 556 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 91,096 SQUARE FEET OF OFFICE, APPROXIMATELY 19,969 SQUARE FEET OF RETAIL, AND 1,050 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 Premier Towers Brickell Village Project LOCATION: Approximately 824-850 S Miami Avenue and 29-59 SW 9th Street APPLICANT(S): Brickell Courtyards, LLC, Owner and BAP Development, Inc. Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommeded approval with conditions* to the City Commission of a Certificate of Appropriateness on July 20, 2004 by a vote of 7-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 6, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Premier Towers Brickell Village Project. City ofMiami Page 33 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.9 04-00079a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 04-0111, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 50 BISCAYNE PROJECT LOCATED AT APPROXIMATELY 50 NORTH BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO ALLOW FOR A CHANGE TO THE ORIGINAL APPLICATION FROM A 578-FOOT, 38-STORY BUILDING COMPRISED OF APPROXIMATELY 661,593 SQ. FT. OF OFFICE SPACE, 29,508 SQ. FT. OF RETAIL SPACE, AND 1,260 TOTAL PARKING SPACES TO A 554-FOOT, 55-STORY BUILDING COMPRISED OF 523 RESIDENTIAL UNITS, APPROXIMATELY 15,517 SQ. FT. OF RETAIL/RESTAURANT USE, AND 722 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 Substantial Modification for the 50 Biscayne Project LOCATION: Approximately 50 N Biscayne Boulevard APPLICANT(S): Columbus Development, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* (except condition #12 as specified in the Development Order) to City Commission on September 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the 50 Biscayne Project. City ofMiami Page 34 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.10 04-01127 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 00-1134, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1060 BRICKELL PROJECT LOCATED AT APPROXIMATELY 1050-60 BRICKELL AVENUE AND 1051 SOUTHEAST MIAMI AVENUE ROAD, MIAMI, FLORIDA, TO ALLOW A CHANGE TO THE ORIGINAL APPLICATION FOR: REDESIGN OF THE FACADE OF THE BUILDINGS; REDUCTION OF THE NUMBER OF RESIDENTIAL UNITS FROM 605 TO 572; REDUCTION IN THE NUMBER OF PARKING SPACES FROM 1,022 TO 741 SPACES (601 SPACES REQUIRED); REDUCTION OF BUILDING FOOTPRINT FROM 54,595 SQ. FT. TO APPROXIMATELY 50,758 SQ. FT.; RELOCATION OF TOWER 2 TO THE NORTH BY 10 FEET SO THAT THE BUILDINGS ARE NOT DIRECTLY BEHIND EACH OTHER; EXTENSION OF THE MUSP EXPIRATION DATE TO DECEMBER 14, 2006; AND TO PRESERVE THE PLANNED UNIT DEVELOPMENT (PUD) BONUSES APPROVED PURSUANT TO RESOLUTION NO. 00-1134; 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 Substantial Modification for the 1060 Brickell Project LOCATION: Approximately 1050-60 Brickell Avenue and 1051 SE Miami Avenue Road APPLICANT(S): IMICO Brickell, LLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the 1060 Brickell Project. City ofMiami Page 35 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.11 04-01107 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF A STREET LOCATED AT NORTHWEST MIAMI COURT BETWEEN NORTHWEST 14TH STREET AND NORTHWEST 15TH STREET, THE ALLEY LOCATED IN BLOCK 41 FROM NORTHWEST 14TH STREET TO NORTHWEST 15TH STREET AND THE ALLEY LOCATED IN BLOCK 42 FROM NORTHWEST 14TH STREET TO THE FLORIDA EAST COAST RAILROAD, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." REQUEST: Official Vacation and Closure of a Street and Alleys LOCATION: NW Miami Court Between NW 14th Street and NW 15th Street, the Alley located in Block 41 from NW 14th Street to NW 15th Street and the Alley Located in Block 42 from NW 14th Street to the Florida East Coast Railroad APPLICANT(S): Eugene Rodriguez, Owner FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval by a vote of 4-0. ZONING BOARD: Recommended approval to City Commission on September 13, 2004 by a vote of 9-0. PURPOSE: This will allow a unified development site. City ofMiami Page 36 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.12 04-00406 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 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: VICE CHAIRMAN GONZALEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 37 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.13 04-00406a ORDINANCE SECOND 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: VICE CHAIRMAN GONZALEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 38 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.14 04-00574 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 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER REGALADO SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 39 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.15 04-00574a ORDINANCE SECOND 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 40 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.16 04-00564 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 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER REGALADO SECONDER: CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 41 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.17 04-00564a 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 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER REGALADO SECONDER: CHAIRMAN SANCHEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 42 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.18 04-00897 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 PROPERTIES LOCATED AT APPROXIMATELY 3685 AND 3695 SOUTHWEST 23RD STREET AND 3672 AND 3688 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 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace APPLICANT(S): Morris Investments Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 21, 2004 by a vote of 6-0. See companion File ID 04-00897a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER WINTON VOTE: AYES: 3 - COMMISSIONER WINTON, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 43 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.19 04-00897a 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 AND "C-1" RESTRICTED COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.4 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST 23RD STREET, AND 3672 AND 3688 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 and C-1 Restricted Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4 to Change the Zoning Atlas LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue; 3685 and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace APPLICANT(S): Morris Investment Partnership APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 6-3. See companion File ID 04-00897. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.4. DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 44 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.20 04-00670 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 PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1655 & 1657 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" 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 "General Commercial" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1655 & 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 2, 2004 by a vote of 8-1. See companion File ID 04-00670a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 45 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.21 04-00670a ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 23, 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-2" LIBERAL COMMERCIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT OF 2.62 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1636, 1646 AND 1650 NORTHEAST MIAMI COURT AND 1655 & 1657 NORTH MIAMI 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 C-2 Liberal Commercial to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.62 to Change the Zoning Atlas LOCATION: Approximately 1636, 1646 and 1650 NE Miami Court and 1655 & 1657 N Miami Avenue APPLICANT(S): Filling Station Lofts, LLC APPLICANT(S) AGENT: Gloria M. Velazquez, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 12, 2004 by a vote of 8-1. See companion File ID and 04-00670. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-19 Designated F.A.R. Overlay District of 2.62. DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING City ofMiami Page 46 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.22 04-00725 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 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. DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER WINTON, SANCHEZ AND REGALADO NOES: 1 - COMMISSIONER GONZALEZ ACTION: PASSED ON FIRST READING City ofMiami Page 47 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.23 04-00898 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 ARTICLE 9, SECTION 917, TO PROVIDE FOR A NEW SECTION 917.15, "SPECIAL PARKING REQUIREMENTS FOR HISTORIC PROPERTIES;" 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 July 21, 2004 by a vote of 7-0. PURPOSE: This will provide for a new section entitled, "Special Parking Requirements for Historic Properties." DATE: SEPTEMBER 27, 2004 MOVER: COMMISSIONER WINTON SECONDER: VICE CHAIRMAN GONZALEZ VOTE: AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER WINTON ACTION: PASSED ON FIRST READING City ofMiami Page 48 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.24 04-00565 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 3525, 3541 AND 3545 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 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on May 5, 2004 by a vote of 4-2. See companion File ID 04-00565a. PURPOSE: This will change the above properties to Restricted Commercial. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 49 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.25 04-00565a 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 3525, 3541 AND 3545 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 3525, 3541 and 3545 SW 22nd Terrace APPLICANT(S): Coral East Development Corp. APPLICANT(S) AGENT: Ines Marrero-Priegues, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 12, 2004 by a vote of 5-4. See companion File ID 04-00565. PURPOSE: This will change the above properties to C-1 Restricted Commercial with an SD-23 Coral Way Special Overlay District. DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 50 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.26 04-00927a 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 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Duplex Residential" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5. See companion File ID 04-00927 and 04-00927b. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. City ofMiami Page 51 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.27 04-00927b ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3686-88 SOUTHWEST 15TH STREET AND 3685-87 SOUTHWEST 16TH 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-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 3686-88 SW 15th Street and 3685-87 SW 16th Street APPLICANT(S): Napoleon & Eumelia Alvarez, David & Irene Mermelstein and Ignacio and Odilia Rios, Owners and Strategic Properties Group, Inc., Contract Purchaser APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on July 26, 2004 by a vote of 9-0. See companion File ID 04-00927 and 04-00927a. PURPOSE: This will change the above properties to C-1 Restricted Commercial for the proposed Urbanea Major Use Special Permit Project. City ofMiami Page 52 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.28 04-01163 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 721 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" 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 "Major Institutional, Public Facilities, Transporation and Utilities" to "Restricted Commercial" to Change the Future Land Use Designation of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately 721 NW 1st Avenue APPLICANT(S): Planning and Zoning Department FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 20, 2004 by a vote of 5-0. PURPOSE: This will change the above property to Restricted Commercial. City ofMiami Page 53 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.29 04-00984 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ZONING AND PLANNING, OF THE CITY OF MIAMI CODE BY ADDING A NEW ARTICLE XI ENTITLED, "ARTS AND ENTERTAINMENT MURAL REGULATIONS"; CREATING DEFINITIONS; PROVIDING FOR LICENSE AND PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Per City Attorney's Office, item is remanded to First Reading due to substantial changes. DATE: SEPTEMBER 23, 2004 MOVER: VICE CHAIRMAN GONZALEZ SECONDER: COMMISSIONER WINTON VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND REGALADO ACTION: PASSED ON FIRST READING WITH MODIFICATIONS City ofMiami Page 54 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.30 04-01101 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING -- City Commission ORDINANCE NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4 AND 6, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS AND SECTION 614 SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL, AND RESIDENTIAL DISTRICTS; IN ORDER TO MODIFY THE C-1 RESTRICTED COMMERCIAL AND SD-14 ZONING CLASSIFICATIONS WITH REGARDS TO FOOTPRINT LIMITATIONS; ADDING CONDITIONS FOR APPROVAL; 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 September 1, 2004 by a vote of 6-0. PURPOSE: This will relax footprint regulations in the C-1 Restricted Commercial and SD-14 Latin Quarter Commercial -Residential, and Residential Districts for projects that provide liners. City ofMiami Page 55 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.31 04-01102 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, ESTABLISHING AN -- City Commission URBAN CENTRAL BUSINESS DISTRICT PURSUANT TO SECTION 380.06(2)(e), FLORIDA STATUTES; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. REQUEST: To Establish an Urban Central Business District APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 1, 2004 by a vote of 6-0. PURPOSE: This will designate the downtown area as an Urban Central Business District to encourage development in downtown. City ofMiami Page 56 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 PZ.32 04-01133 ORDINANCE FIRST READING Planning & Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING -- City Commission SECTION 62-156 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES", TO INCREASE AND ADD VARIOUS FEES AS SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend the Miami City Code APPLICANT(S): Joe Arriola, Chief Administrator FINDINGS: PLANNING AND ZONING DEPARTMENT: Recommended approval. PURPOSE: This will increase and add various Planning and Zoning fees. City ofMiami Page 57 Printed on 3/11/2008 City Commission Meeting Agenda October 28, 2004 The following item shall not be considered before 5:30 pm. PZ.33 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 CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF A TOTAL OF 787 UNITS, WHICH MAY INCLUDE MULTIFAMILY AND/OR APARTMENT HOTEL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 32,950 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,520 PARKING SPACES; TO REPLACE THE PREVIOUSLY APPROVED DEVELOPMENT PLAN AS PROVIDED ON EXHIBITS "A" AND "C," ATTACHED HERETO; PROVIDING FOR CERTAIN FLOOR AREA RATIO (" FAR") BONUSES SPECIFIED IN EXHIBIT "C," HEREIN; 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 DATE: JULY 22, 2004 ACTION: CONTINUED DATE: SEPTEMBER 27, 2004 ACTION: CONTINUED City ofMiami Page 58 Printed on 3/11/2008