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HomeMy WebLinkAboutCC 2005-01-27 Marked AgendaCity of Miami Marked Agenda 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 Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us Thursday, January 27, 2005 9:00 AM City Hall Commission Chambers CONTENTS Items may be heard in the numbered sequence or as announced by the Commission PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.4 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 RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEMS City of Miami Page 1 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 The Planning and Zoning items shall not be considered before 10:00 am. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Gonzalez, Commissioner Winton, Chairman Sanchez, Commissioner Regalado and Commissioner Allen On the 27th day of January, 2005, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chairman Joe Sanchez at 9:40 a.m., with a brief recess from 10:19 a.m. to 10:38 a.m., followed by a lunch recess from 12:23 p.m. through 2:40 p.m. At 4:48 p.m., the Commission recessed again and reconstituted itself as the Board of Directors of the Community Redevelopment Agency (CRA), which meeting adjourned at 5:03, when once again the City Commission meeting was reconvened and adjourned at 5:06 p.m. ALSO PRESENT: Joe Arriola, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk Sylvia Scheider, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS NO ACTION TAKEN 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.) NO MAYORAL VETOES ORDER OF THE DAY CONSENT AGENDA CA.1 04-01448 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AMINTA RODRIGUEZ, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $42,500 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 AMINTA RODRIGUEZ V. CITY OF MIAMI, ET AL, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 02-13473 CA 32, UPON EXECUTING A GENERAL RELEASE FOR 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. 04-01448-cover memo.pdf 04-01448-budget.pdf 04-01448-resolution.pdf City of Miami Page 2 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 R-05-0061 This Matter was ADOPTED on the Consent Agenda. CA.2 05-00007 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO A+ MINI STORAGE, PURSUANT TO RESOLUTION NO. 02-140, ADOPTED FEBRUARY 14, 2002, AMENDED BY RESOLUTION NO. 04-0060, ADOPTED FEBRUARY 12, 2004, IN AN AMOUNT NOT TO EXCEED $10,000, FROM $50,000 TO $60, 000 ANNUALLY, FOR ADDITIONAL STORAGE NEEDS, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS FOR SAID INCREASE FROM THE DEPARTMENT OF POLICE GENERAL OPERATING BUDGET ACCOUNT CODE NO. 001000.290201.6.610; AMENDING RESOLUTION NO. 04-0060 TO REFLECT SAID INCREASE AND TO REFLECT CORRECT LANGUAGE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID INCREASE. 05-00007-summary sheet.pdf 05-00007-contract award.pdf 05-00007-general fund.pdf 05-00007-pre resolution1.pdf 05-00007-pre resolution2.pdf 05-00007-resolution.pdf R-05-0062 This Matter was ADOPTED on the Consent Agenda. CA.3 05-00008 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF RECORDSHRED, INC., FOR THE PROVISION OF ON -SITE MOBILE SHREDDING SERVICES, FOR THE DEPARTMENT OF POLICE, FOR AN INITIAL TWO-YEAR CONTRACT PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $40,000, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $160,000; ALLOCATING FUNDS IN THE ANNUAL AMOUNT NOT TO EXCEED $30,000, FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270 AND AN ANNUAL AMOUNT NOT TO EXCEED $10,000, FROM THE E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340. 05-00008-summary form.pdf 05-00008-award form.pdf 05-00008-tabulation of bids.pdf 05-00008-NAI D. pdf 05-00008-recordshred card.pdf 05-00008-recordshred ad.pdf 05-00008-recordshred Protect.pdf 05-00008-drug certificate.pdf 05-00008-resolution.pdf R-05-0063 This Matter was ADOPTED on the Consent Agenda. City of Miami Page 3 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 CA.4 05-00010 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED ENGAGEMENT OF SPECIAL COUNSEL TO ADDRESS ISSUES RELATED TO LABOR AND EMPLOYMENT MATTERS CONCERNING COLLECTIVE BARGAINING UNITS, IN AN AMOUNT NOT TO EXCEED $30,000, PLUS COSTS AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM AN ACCOUNT TO BE IDENTIFIED BY THE CITY MANAGER, FOR SAID SERVICES. 05-00010-cover memo.pdf 05-0001 0-budget.pdf 05-0001 0-resolution.pdf R-05-0064 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: Johnny L. Winton SECONDED: Angel Gonzalez AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen END OF CONSENT AGENDA MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 VICE CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER JOHNNY L. WINTON DISTRICT 3 CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 05-00022 DISCUSSION ITEM City of Miami Page 4 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 DISCUSSION ABOUT THE IMPLEMENTATION OF THE MIAMI RESIDENT VEHICULAR PROTECTION PROGRAM (MVP). 05-00022-cover memo.pdf 05-00022-letter.pdf DISCUSSED Direction to the City Manager by Commissioner Regalado to issue a press release to be widely distributed announcing the resident vehicular protection program to protect their automobiles in City garages in the event of a hurricane. D4.2 05-00023 DISCUSSION ITEM DISCUSSION ABOUT DIRECTING THE ADMINISTRATION TO UTILIZE MIAMI TV TO EDUCATE THE CITY'S ELECTORATE ON THE NON- BINDING STRAW BALLOT QUESTION. 05-00023-cover memo.pdf DISCUSSED Note for the Record: The minutes of the discussion on the above item are included under Item D4.3. D4.3 05-00024 DISCUSSION ITEM AN UPDATE FROM THE CITY CLERK'S OFFICE ON THE NON -BINDING STRAW BALLOT QUESTION REGARDING THE MIAMI-DADE COUNTY PROPERTY APPRAISER. 05-00024-cover memo.pdf MOTION A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to approve the use of Miami City Hall, 3500 Pan American Drive, as an early voting site for the March 8, 2005 Special Miami -Dade County Election, from February 21 through March 6, 2005,. DISTRICT 5 COMMISSIONER JEFFERY L. ALLEN PUBLIC HEARINGS PH.1 05-00011 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 THREE (3) ALERT AM EMERGENCY ADVISORY RADIO SYSTEMS AND (1) RESPONDER1 MOBILE EMERGENCY BROADCAST SYSTEM WITH ACCESSORIES, INCLUDING EQUIPMENT, TRAINING, INSTALLATION, AND MAINTENANCE SUPPORT SERVICES FOR THE DEPARTMENT OF FIRE -RESCUE (THE " PROJECT"), FROM INFORMATION STATION SPECIALISTS INC. ("ISS"), THE City of Miami Page 5 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 SOLE SOURCE MANUFACTURER, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $127,655; ALLOCATING FUNDS FROM THE FEDERAL GRANT ENTITLED, "URBAN AREAS SECURITY INITIATIVE GRANT PROGRAM II," PROJECT NO. 110111, ACCOUNT CODE NO. 280910.6.840; RATIFYING, APPROVING, AND CONFIRMING THE AM RADIO LICENSE APPLICATION, ATTACHED AND INCORPORATED, PREVIOUSLY SUBMITTED TO THE FEDERAL COMMUNICATIONS COMMISSION BY THE CITY OF MIAMI DEPARTMENT OF FIRE RESCUE AND ISS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO UNDERTAKE ANY NECESSARY RELATED PROCEDURES FOR LICENSES, PERMITS AND REQUIREMENTS AND TO NEGOTIATE AND TO EXECUTE ANY NECESSARY DOCUMENTS AND AGREEMENTS FOR THE PROJECT, FOR SAID PURPOSES. 05-00011-summary form.pdf 05-0001 1-memo1.pdf 05-0001 1-memo2.pdf 05-00011-sole source award.pdf 05-0001 1-memo3.pdf 05-0001 1 -memo4.pdf 05-00011-public notice.pdf 05-0001 1-ISS 1 .pdf 05-0001 1-ISS 2.pdf 05-0001 1-quote.pdf 05-0001 1 -warranty.pdf 05-0001 1 -alertAM.pdf 05-0001 1-map.pdf 05-0001 1-pinellas newsletter.pdf 05-00011-purchase sheet.pdf 05-00011-request form.pdf 05-0001 1 -resolution.pdf 05-0001 1-exhibitl .pdf 05-0001 1 -exhibit2.pdf 05-0001 1 -exhibit3.pdf 05-0001 1 -exhibit4.pdf 05-0001 1 -exhibit5.pdf 05-0001 1 -exhibit6.pdf R-05-0065 MOVED: Tomas Regalado SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PH.2 04-01311 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 EMERGENCY FINDINGS, WAIVING COMPETITIVE BIDDING PROCEDURES, AND AWARDING A BID TO City of Miami Page 6 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 MCCARTNEY CONSTRUCTION COMPANY, PURSUANT TO SECTION 18-89 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "CITY HALL COMMISSION CHAMBERS LIGHTING, SOUND AND INTERIOR IMPROVEMENTS, B-3285," IN THE TOTAL AMOUNT NOT TO EXCEED $1,155,254; APPROVING AN ADDITIONAL INCREASE IN THE AMOUNT NOT TO EXCEED $3,143.17, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,158,397.17; ALLOCATING FUNDS FOR SAID CONTRACT AND INCREASES FROM CAPITAL IMPROVEMENT PROJECT NOS. 311037, 311050 AND 311051; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 04-01311-summary form.pdf 04-01 311-memo.pdf 04-01311-public hearing.pdf 04-01 311-resolution.pdf 04-01 311-exhibitl .pdf 04-01 311-exhibit2.pdf 04-01 311-exhibit3.pdf 04-01 311-exhibit4.pdf 04-01 311-exhibit5.pdf 04-01 311-exhibit6.pdf 04-01 311-exhibit7.pdf 04-01 311-exhibit8.pdf 04-01 311-exhibit9.pdf 04-01 311-exhibitl0.pdf 04-01 311-exhibitl 1.pdf 04-01 311-exhibitl2.pdf 04-01 311-exhibitl3.pdf 04-01311-exhibitl 4.pdf 04-01 311-exhibitl5.pdf 04-01 311-exhibitl6.pdf 04-01 311-exhibitl7.pdf 04-01 311-exhibitl8.pdf 04-01 311-exhibitl9.pdf 04-01 311-exhibit20.pdf 04-01 311-exhibit2l .pdf R-05-0066 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen NOES: Commissioner Regalado City of Miami Page 7 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 RESOLUTIONS RE.1 05-00009 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH POINCIANA VILLAGE OF MIAMI, LTD., SAWYER'S WALK, LTD., AND THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") IN THE CASES STYLED CITY OF MIAMI V. SAWYER'S WALK, LTD., CASE NO. 00-28860 CA 9, AND SOUTHEAST OVERTOWN/ PARK WEST COMMUNITY REDEVELOPMENT AGENCY V. POINCIANA VILLAGE OF MIAMI, LTD., CASE NO. 02-06846 CA 9, BOTH PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE-COUNTY, FLORIDA; SAID SETTLEMENT TO REQUIRE SAWYER'S WALK, LTD. TO PROCEED WITH THE DEVELOPMENT OF THE SAWYER'S WALK PROJECT AND THE BALANCE OF THE POINCIANA VILLAGE PROJECT IN ACCORDANCE WITH THE TERMS OF THE SETTLEMENT AGREEMENT, AND, IF CERTAIN CONTINGENCIES ARE SATISFIED, RESULT IN SAWYER'S WALK AND THE CRA ENTERING INTO A LONG TERM LEASE WITH RESPECT TO THE SAWYER'S WALK PROJECT AND THE POINCIANA VILLAGE PROJECT IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI ("CITY") AND THE CRA, AT WHICH TIME THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION SHALL BE DISMISSED WITH PREJUDICE, ALL AS MORE PARTICULARLY SET FORTH IN THE SETTLEMENT AGREEMENT; FURTHER PROVIDING THAT, IF THE CONTINGENCIES ARE NOT SATISFIED, THE CITY AND THE CRA SHALL HAVE THE OPTION OF PURSUING THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION OR PAYING $6,500,000 IN FULL SETTLEMENT OF BOTH THE SAWYER'S WALK LITIGATION AND THE POINCIANA LITIGATION. 05-00009-cover memo.pdf 05-00009-resolution.pdf R-05-0076 MOVED: Jeffery L. Allen SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 8 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 DISCUSSION ITEMS DI.1 05-00013 DISCUSSION ITEM DISCUSSION CONCERNING CIVILIAN INVESTIGATIVE PANEL (CIP) MONTHLY STATUS REPORT. 05-00013-cover memo.pdf 05-00013-memo.pdf DISCUSSED DI.2 04-01295 DISCUSSION ITEM DISCUSSION AND POSSIBLE RESOLUTION REGARDING A POSSIBLE SETTLEMENT IN THE MATTER OF NATIONAL ADVERTISING V. CITY OF MIAMI. (BILLBOARD LITIGATION) 04-01295-email.pdf DEFERRED City of Miami Page 9 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 PART B The following items shall not be considered before 10:00 am. PZ.1 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 OPUS 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 Opus 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*. URBAN DEVELOPMENT REIVEW BOARD: Recommended approval with conditions* to City Commission on April 21, 2004 by a vote of 6-0. 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 8-0. *See supporting documentation. PURPOSE: This will allow the development of the Opus Project. City of Miami Page 10 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-00723 MUSP Fact Sheet.pdf 04-00723 MUSP Analysis.PDF 04-00723 Zoning Map.pdf 04-00723 Aerial Map.pdf 04-00723 UDRB Reso.pdf 04-00723 School Brd Recomm.PDF 04-00723 Traffic Impact Analysis.PDF 04-00723 PAB Reso.PDF 04-00723 Sp Ex Fact Sheet.pdf 04-00723 Sp Ex Analysis.PDF 04-00723 ZB Reso.PDF 04-00723 Legislation.PDF 04-00723 Exhibit A.PDF 04-00723 Exhibit B.PDF 04-00723 Exhibit C.PDF 04-00723 - submittal - 1.pdf 04-00723 - submittal - 2.pdf 04-00723 MUSP Cover Page.PDF 04-00723 Table of Contents.PDF 04-00723 Article I - Project Info.PDF 04-00723 Letter of Intent.PDF 04-00723 MUSP & Sp Ex Applications.PDF 04-00723 Zoning Write-Up.PDF 04-00723 Aerials.PDF 04-00723 Zoning Atlas.PDF 04-00723 Project Data Sheet.PDF 04-00723 Computer Tax Printout & Deed.PDF 04-00723 Ownership List.PDF 04-00723 State of Florida Docs.PDF 04-00723 Owner's Authorization Letter.PDF 04-00723 Directory of Principals.PDF 04-00723 Article 11 - Project Description.PDF 04-00723 Article III - Supporting Documents.PDF 04-00723 Minority Construction Empl Plan.PDF 04-00723 Traffic Impact Study I.PDF 04-00723 Traffic Impact Study II.PDF 04-00723 Site Utility Study.PDF 04-00723 Economic Impact Study.PDF 04-00723 Survey of Property.PDF 04-00723 Plans.pdf 04-00723 Plans Re-submittal.pdf CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Winton absent, to continue item PZ.1 to the Commission Meeting currently scheduled for March 24, 2005. PZ.2 04-00562b 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, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, City of Miami Page 11 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 FLORIDA, FOR THE RIVERFRONT WEST PROJECT, TO BE LOCATED AT APPROXIMATELY 90 SOUTHWEST 3RD STREET A/K/A 55, 92 AND 95 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, TO CONSTRUCT FOUR MIXED -USE STRUCTURES WITH VARYING HEIGHTS AS SET FORTH HEREIN TO BE COMPRISED OF APPROXIMATELY 1,462 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 38,728 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 203,000 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,832 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 Riverfront West Project LOCATION: Approximately 90 SW 3rd Street a/k/a 55 and 92 and 95 SW 3rd Street APPLICANT(S): Miami River, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-00562 and 04-00562a. *See supporting documentation. PURPOSE: This will allow the development of the Riverfront West Project. City of Miami Page 12 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-00562b Fact Sheet.pdf 04-00562b Analysis.PDF 04-00562b Zoning Map.pdf 04-00562b Aerial Map.pdf 04-00562b Pre -Application Comments.PDF 04-00562b Parks & Recreation Comments.PDF 04-00562b Public Works Comments.PDF 04-00562b Miami -Dade Water & Sewer Comments.PDF 04-00562b Fire Department Comments.PDF 04-00562b Public Works Platting Letter.PDF 04-00562b UDRB Reso.PDF 04-00562b URS Letter.PDF 04-00562b Miami River Comm Comments.PDF 04-00562b School Board Comments.PDF 04-00562b PAB Reso.PDF 04-00562b Legislation.PDF 04-00562b Exhibit A.PDF 04-00562b Exhibit B.PDF 04-00562b Exhibit C.PDF 04-00562b Table of Contents.PDF 04-00562b Article I - Project Information.PDF 04-00562b MUSP Application.PDF 04-00562b Disclosure of Ownership.PDF 04-00562b Ownership Affidavit.PDF 04-00562b Directory of Principals.PDF 04-00562b Project Data Sheet.PDF 04-00562b Zoning Atlas.PDF 04-00562b Access Agreement.PDF 04-00562b Article 11 - Description.PDF 04-00562b Article III - Supporting Documents.PDF 04-00562b Minority Construction Plan.PDF 04-00562b Traffic Impact Study I.PDF 04-00562b Traffic Impact Study II.PDF 04-00562b Site Utility Study.PDF 04-00562b Economic Impact Study.PDF 04-00562b Survey of Property.PDF 04-00562b Plans.pdf R-05-0069 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Winton, Sanchez, Regalado and Allen ABSENT: Commissioner Gonzalez Direction to the City Manager from Commissioner Winton to monitor minority participation conditions imposed on Major Use Special Permits to ascertain that City residents and minorities are employed as agreed. PZ.3 04-01282 RESOLUTION City of Miami Page 13 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 03-1235 (THE FORMER MIAMI RIVER VILLAGE), PURSUANT ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT EAST PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 350 AND 400 SOUTH MIAMI AVENUE AND 15, 24, 25 AND 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 1,304 TO APPROXIMATELY 1,424 UNITS; AND DECREASING THE NON- RESIDENTIAL USES FROM 101,157 SQUARE FEET TO APPROXIMATELY 94,794 SQUARE FEET. THE PROJECT WILL NOW CONSIST OF THREE MIXED -USE STRUCTURES VARYING IN HEIGHT AS SPECIFIED HEREIN TO BE COMPRISED OF APPROXIMATELY 1,424 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 41,994 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 52,800 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,671 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 Riverfront East Project LOCATION: Approximately 300, 350 and 400 S Miami Avenue and 15, 24, 25 and 39 SW 4th Street APPLICANT(S): Neo Epoch 1 Ltd. and Douwntown River Village, LLC APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. 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. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on September 15, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on November 3, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow a substantial modification to the Riverfront East Project. City of Miami Page 14 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-01282 Fact Sheet.pdf 04-01282 Analysis.PDF 04-01282 Zoning Map.pdf 04-01282 Aerial Map.pdf 04-01282 Pre -Application Comments.PDF 04-01282 Parks & Recreation Comments.PDF 04-01282 Public Works Comments.PDF 04-01282 Miami -Dade Water & Sewer Comments.PDF 04-01282 Fire Department Comments.PDF 04-01282 Public Works Platting Letter.PDF 04-01282 UDRB Reso.PDF 04-01282 URS Letter.PDF 04-01282 School Board Comments.PDF 04-01282 Miami River Comm Comments.PDF 04-01282 PAB Reso.PDF 04-01282 Application & Supp Docs.PDF 04-01282 Legislation.PDF 04-01282 Exhibit A.PDF 04-01282 Exhibit B.PDF 04-01282 Exhibit C.PDF 04-01282 Table of Contents.PDF 04-01282 Article I - Project Information.PDF 04-01282 MUSP Application.PDF 04-01282 Disclosure of Ownership.PDF 04-01282 Ownership Affidavit.PDF 04-01282 Directory of Principals.PDF 04-01282 Project Data Sheet.PDF 04-01282 Zoning Atlas.PDF 04-01282 Cross Access Agreements.PDF 04-01282 Article 11 - Description.PDF 04-01282 Article III - Supporting Documents.PDF 04-01282 Minority Const Empl Plan.PDF 04-01282 Traffic Impact Study I.PDF 04-01282 Traffic Impact Study II.PDF 04-01282 Site Utility Study.PDF 04-01282 Economic Impact Study.PDF 04-01282 Survey of Property.PDF 04-01282 Plans.pdf R-05-0067 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.4 04-01177 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A City of Miami Page 15 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 02-1065, PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE SOUTH BAYSHORE TOWER PROJECT LOCATED AT APPROXIMATELY 1300 BRICKELL BAY DRIVE, 1390 BRICKELL BAY DRIVE, 183 SOUTHEAST 14TH STREET, 171 SOUTHEAST 14TH STREET, AND 180 SOUTHEAST 13TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: THE ADDITION OF 0.19 ACRES OF LAND WHICH IS ADJACENT TO THE APPROVED MUSP PROPERTY; INCREASED THE NUMBER OF RESIDENTIAL UNITS FROM 347 TO APPROXIMATELY 364 UNITS; DECREASED THE NUMBER OF PARKING SPACES FROM 516 TO APPROXIMATELY 501 SPACES; INCREASED THE FLOOR AREA FROM APPROXIMATELY 338,809 SQUARE FEET TO APPROXIMATELY 447,989 SQUARE FEET; AND APPROXIMATELY 10,000 SQUARE FEET OF RETAIL; INCREASED THE BULDING HEIGHT FROM 40 TO 47 STORIES; INCREASED THE RETAIL AREA FROM APPROXIMATELY 11,902 SQUARE FEET TO APPROXIMATELY 21,388 SQUARE FEET; REDUCTION OF THE PARKING PODIUM BY TWO FLOORS; APPROVAL OF A CLASS II SPECIAL PERMIT FOR THE REDUCTION IN SIZE OF ONE LOADING BAY FROM 12' X 55' TO 12' X 35'; EXTENSION OF THE MUSP EXPIRATION DATE TO SEPTEMBER 26, 2006; 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 South Bayshore Tower Project LOCATION: Approximately 1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street and 180 SE 13th Street APPLICANT(S): South Bayshore Tower, LLLC APPLICANT(S) AGENT: Adrienne F. Pardo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on July 21, 2004 by a vote of 3-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on October 6, 2004 by a vote of 8-0. ZONING BOARD: Recommended denial of a variance to City Commission on September 13, 2004 by a vote of 8-1, resulting in the withdrawal by the applicant of this request. See revised plans as part of backup. *See supporting documentation. PURPOSE: This will allow a substantial modification to the South Bayshore Tower Project. City of Miami Page 16 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-01177 MUSP Fact Sheet.pdf 04-01177 MUSP Analysis.PDF 04-01177 Zoning Map.pdf 04-01177 Aerial Map.pdf 04-01177 Pre -Application Comments.PDF 04-01177 UDRB Reso.PDF 04-01177 PAB Reso.pdf 04-01177 Intent Letter & Supp Docs.PDF 04-01177 Variance Fact Sheet.pdf 04-01177 Variance Analysis.PDF 04-01177 ZB Reso.PDF 04-01177 Variance Application & Supp Docs.PDF 04-01177 Plans.PDF 04-01177 Legislation.PDF 04-01177 Exhibit A.PDF 04-01177 Exhibit B.PDF 04-01177 Exhibit C.PDF R-05-0070 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Allen ABSENT: Commissioner Sanchez and Regalado PZ.5 04-01443 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 ELLIPSE PROJECT, TO BE LOCATED AT APPROXIMATELY 1776 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A 273-FOOT, 24-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 267 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 6,793 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 438 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES SPECIFIED IN EXHIBIT "C;" 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. City of Miami Page 17 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 REQUEST: Major Use Special Permit for the Ellipse Project LOCATION: Approximately 1776 Biscayne Boulevard APPLICANT(S): Thirteen Biscayne Associates, LLC and Morocco Enterprises, Inc. APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 5-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 15, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Ellipse Project. 04-01443 Fact Sheet.pdf 04-01443 Analysis.PDF 04-01443 Zoning Map.pdf 04-01443 Aerial Map.pdf 04-01443 Pre -Application Comments.PDF 04-01443 Traffic Impact Analysis Letter.PDF 04-01443 UDRB Reso.PDF 04-01443 School Board Comments.PDF 04-01443 PAB Reso.PDF 04-01443 Legislation.PDF 04-01443 Exhibit A.PDF 04-01443 Exhibit B.PDF 04-01443 Exhibit C.PDF 04-01443 Table of Contents.PDF 04-01443 Article I - Project Info.PDF 04-01443 MUSP Application.PDF 04-01443 Disclosure of Ownership.PDF 04-01443 Ownership Affidavit.PDF 04-01443 Directory of Principals.PDF 04-01443 Project Data Sheet.PDF 04-01443 Zoning Atlas.PDF 04-01443 Article II - Description.PDF 04-01443 Article III - Supporting Docs.PDF 04-01443 Minority Const Empl Plan.PDF 04-01443 Traffic Impact Study.PDF 04-01443 Site Utility Study.PDF 04-01443 Economic Impact Study.PDF 04-01443 Survey of Property.PDF 04-01443 Plans.PDF R-05-0071 MOVED: Johnny L. Winton City of Miami Page 18 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton and Allen ABSENT: Commissioner Sanchez and Regalado PZ.6 04-01444 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 MARQUIS PROJECT, TO BE LOCATED AT APPROXIMATELY 1100 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A 679-FOOT, 63-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF APPROXIMATELY 362 TOTAL UNITS (306 RESIDENTIAL UNITS + 28 X 2 HOTEL ROOMS) WITH RECREATIONAL AMENITIES, APPROXIMATELY 5, 765 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 525 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 Marquis Project LOCATION: Approximately 1100 Biscayne Boulevard APPLICANT(S): Pelican Hotel, LLC APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. URBAN DEVELOPMENT REVIEW BOARD: Recommended approval with conditions* to City Commission on October 20, 2004 by a vote of 6-0. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 15, 2004 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Marquis Project. City of Miami Page 19 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-01444 Fact Sheet.pdf 04-01444 Analysis.PDF 04-01444 Zoning Map.pdf 04-01444 Aerial Map.pdf 04-01444 UDRB Reso.PDF 04-01444 Traffic Impact Analysis Letter.PDF 04-01444 Pre -Application Comments.PDF 04-01444 School Board Comments.PDF 04-01444 PAB Reso.PDF 04-01444 Legislation.PDF 04-01444 Exhibit A.PDF 04-01444 Exhibit B.PDF 04-01444 Exhibit C.PDF 04-01444 MUSP Cover.PDF 04-01444 Table of Contents.PDF 04-01444 Article I - Project Info.PDF 04-01444 Letter of Intent.PDF 04-01444 MUSP Application.PDF 04-01444 Zoning Write-Up.PDF 04-01444 Zoning Atlas.PDF 04-01444 Project Data Sheet.PDF 04-01444 Computer Tax Printout & Deed.PDF 04-01444 Ownership List.PDF 04-01444 State of Florida Docs.PDF 04-01444 Directory of Principals.PDF 04-01444 Article II - Project Description.PDF 04-01444 Article III - Supporting Docs.PDF 04-01444 Minority Const Empl Plan.PDF 04-01444 Traffic Impact Study I.PDF 04-01444 Traffic Impact Study II.PDF 04-01444 Site Utility Study.PDF 04-01444 Economic Impact Study.PDF 04-01444 Survey of Property.PDF 04-01444 Plans.PDF 04-01444 Sufficiency Letter.pdf R-05-0072 MOVED: Johnny L. Winton SECONDED: Joe Sanchez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.7 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 City of Miami Page 20 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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. 04-00522 Fact Sheet.pdf 04-00522 Zoning Map.pdf 04-00522 Aerial Map.pdf 04-00522 Applicant Letter & Supp Docs.PDF 04-00522 Legislation.PDF 04-00522 Exhibit A.PDF 04-00522 - submittal.pdf CONTINUED A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, to continue item PZ.7 to the Commission Meeting currently scheduled for March 24, 2005; further stipulating that within 24 hours, the owner of the property located at approximately 2947-2949 S.W. 22nd Terrace, shall place a barricade to prevent traffic from flowing onto 22nd Terrace through said property. PZ.8 04-01387 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED AT NORTHEAST 17TH TERRACE EAST OF NORTHEAST MIAMI PLACE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City of Miami Page 21 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately NE 17th Terrace, E of NE Miami Place APPLICANT(S): BDB Miami LLC, Owner/Contract Purchaser; F&C Kochen LLC, Owner and Sylvia Whyte Mfg Co. (Under Foreclosure Awaiting Final Resolution) APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval with conditions*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on June 3, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. 04-01387 Fact Sheet.pdf 04-01387 Public Works Analysis.PDF 04-01387 Public Works Letter.PDF 04-01387 P&Z Analysis.PDF 04-01387 Zoning Map.pdf 04-01387 Aerial Map.pdf 04-01387 ZB Reso.PDF 04-01387 Application & Supp Docs.PDF 04-01387 Legislation.PDF 04-01387 Exhibit A.PDF R-05-0073 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.9 04-01388 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF NORTHEAST 1ST COURT AND THE ALLEY LOCATED BETWEEN NORTHEAST 15TH STREET AND NORTHEAST 16TH STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A." City of Miami Page 22 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 REQUEST: Official Vacation and Closure of a Street and Alley LOCATION: Approximately NE 1st Court and Alley Between NE 15th Street and NE 16th Street APPLICANT(S): Miami -Dade County Public Schools APPLICANT(S) AGENT: Dr. Rudolph F. Crew, Superintendent FINDINGS: PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended denial on April 3, 2003 by a vote of 3-3. ZONING BOARD: Recommended denial to City Commission on November 22, 2004 by a vote of 5-3. PURPOSE: This will allow a unified commercial development site. 04-01388 Fact Sheet.pdf 04-01388 Public Works Analysis.PDF 04-01388 Public Works Letter.PDF 04-01388 P&Z Analysis.PDF 04-01388 Zoning Map.pdf 04-01388 Aerial Map.pdf 04-01388 ZB Reso.PDF 04-01388 Application & Supp Docs.PDF 04-01388 Legislation.PDF 04-01388 Exhibit A.PDF CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, to continue item PZ.9 to the Commission Meeting currently scheduled for February 24, 2005. PZ.10 04-01390 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED AT THE SOUTHWESTERLY CORNER OF NORTHWEST NORTH RIVER DRIVE AND NORTHWEST 14TH AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT City of Miami Page 23 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 REQUEST: Official Vacation and Closure of an Alley LOCATION: Approximately the Southwesterly Corner of NW North River Drive and NW 14th Avenue APPLICANT(S): Richard Lynn, Mahi Shrine Holding Corp, Owner APPLICANT(S) AGENT: A. Vicky Garcia -Toledo, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on September 22, 2004 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on November 22, 2004 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a unified commercial development site. 04-01390 Fact Sheet.pdf 04-01390 Public Works Analysis.PDF 04-01390 Public Works Letter.PDF 04-01390 P&Z Analysis.PDF 04-01390 Zoning Map.pdf 04-01390 Aerial Map.pdf 04-01390 ZB Reso.PDF 04-01390 Application & Supp Docs.PDF 04-01390 Legislation.PDF 04-01390 Exhibit A.PDF R-05-0074 MOVED: Jeffery L. Allen SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.11 04-01385 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S) , GRANTING THE APPEAL, REVERSING IN PART THE DECISION OF THE ZONING BOARD AND THEREBY 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, TO ALLOW A NIGHTCLUB IN THE "C-1" ZONING DISTRICT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 697 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME City of Miami Page 24 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 LIMITATION OF EIGHTEEN (18) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS BY THE PLANNING AND ZONING DEPARTMENT: 1) PAINT COLOR SAMPLES AND SIGN SPECIFICATIONS SHALL BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT, AND 2) APPROVAL OF THIS SPECIAL EXCEPTION SHALL RUN W ITH THIS OPERATOR ONLY; ANY CHANGES TO A DIFFERENT OPERATOR SHALL REQUIRE A SEPARATE SPECIAL EXCEPTION. 04-01385 Fact Sheet.pdf 04-01385 Appeal Letter.PDF 04-01385 Analysis.PDF 04-01385 Zoning Map.pdf 04-01385 Aerial Map.pdf 04-01385 ZB Reso.PDF 04-01385 Application & Supp Docs.PDF 04-01385 Legislation a.PDF 04-01385 Exhibit A.PDF 04-01385 Legislation b.PDF 04-01385 Exhibit A.PDF R-05-0075 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.12 04-00573 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 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. City of Miami Page 25 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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. 04-00573 Fact Sheet.pdf 04-00573 Analysis.PDF 04-00573 Land Use Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573 PAB Reso.PDF 04-00573 Application & Supp Docs.PDF 04-00573 Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573-submittal-liquor survey.pdf CONTINUED A motion was made by Commissioner Winton, seconded Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ.12 to the Commission Meeting currently scheduled for February 24, 2005. PZ.13 04-00573a ORDINANCE Second 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. City of Miami Page 26 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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. 04-00573a Fact Sheet.pdf 04-00573a Analysis.PDF 04-00573a Zoning Map.pdf 04-00573 & 04-00573a Aerial Map.pdf 04-00573a ZB Reso.PDF 04-00573a Application & Supp Docs.PDF 04-00573a Legislation.PDF 04-00573 & 04-00573a Exhibit A.PDF 04-00573a-submittal-liquor survey.pdf CONTINUED A motion was made by Commissioner Winton, seconded Vice Chairman Gonzalez, and was passed unanimously, with Commissioner Regalado absent, to continue item PZ.13 to the Commission Meeting currently scheduled for February 24, 2005. PZ.14 04-01131 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 517, 555 AND 603 NORTHWEST SOUTH RIVER DRIVE, 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. City of Miami Page 27 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5 due to the failure to obtain the required five affirmative votes in favor. See companion File ID 04-01131a. PURPOSE: This will change the above properties to Restricted Commercial. 04-01131 Fact Sheet.pdf 04-01131 Analysis.PDF 04-01131 Land Use Map.pdf 04-01131 & 04-01131 a Aerial Map.pdf 04-01131 PAB Reso.PDF 04-01131 Application & Supporting Docs.PDF 04-01131 Legislation.PDF 04-01131 & 04-01131a Exhibit A.PDF 04-01131-Submittal-1.pdf 04-01131-Submittal-2.pdf 12645 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.15 04-01131a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S ), AMENDING PAGE NO. 35, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD- 4" WATERFRONT INDUSTRIAL DISTRICT TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 517 , 555 AND 603 NORTHWEST SOUTH RIVER DRIVE , MIAMI, FLORIDA, City of Miami Page 28 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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 to C-1 Restricted Commercial to Change the Zoning Atlas LOCATION: Approximately 517, 555 and 603 NW S River Drive APPLICANT(S): MSJ Holdings, Inc. and 5 Street Terminal, Inc., Owners and Shear Construction Development, Inc., Contract Purchaser APPLICANT(S) AGENT: Lucia A. Dougherty, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. MIAMI RIVER COMMISSION: Pending November 1, 2004 report to City Commission. ZONING BOARD: Recommended approval to City Commission on October 18, 2004 by a vote of 5-4. See companion File ID 04-01131. PURPOSE: This will change the above properties to C-1 Restricted Commercial 04-01131a Fact Sheet.pdf 04-01131a Analysis.PDF 04-01131a Zoning Map.pdf 04-01131 & 04-01131 a Aerial Map.pdf 04-01131a ZB Reso.PDF 04-01131a Application & Supporting Docs.PDF 04-01131a Legislation.PDF 04-01131 & 04-01131a Exhibit A.PDF 12646 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.16 04-01132 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 1991 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; City of Miami Page 29 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on September 22, 2004 by a vote of 3-5 due to the failure to obtain the required five affirmative votes in favor. See companion File ID 04-01132a. PURPOSE: This will change the above property to General Commercial. 04-01132 Fact Sheet.pdf 04-01132 Analysis.PDF 04-01132 Land Use Map.pdf 04-01132 & 04-01132a Aerial Map.pdf 04-01132 PAB Reso.PDF 04-01132 Application & Supp Docs.PDF 04-01132 Legislation.PDF 04-01132 & 04-01132a Exhibit A.PDF 04-01132-submittal-photos.pdf 12647 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado Direction to the Administration by Chairman Sanchez to ensure that the design includes a first class gateway into the Allapattah Business Corridor. PZ.17 04-01132a ORDINANCE Second 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 "C-2" LIBERAL COMMERCIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1991 NORTHWEST 27TH City of Miami Page 30 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 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 C-2 Liberal Commercial to Change the Zoning Atlas LOCATION: Approximately 1991 NW 27th Avenue APPLICANT(S): B&F Marine, Inc. APPLICANT(S) AGENT: Ben Fernandez, Esquire FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 8 , 2004 by a vote of 6-0. See companion File ID 04-01132. PURPOSE: This will change the above property to C-2 Liberal Commercial. 04-01132a Fact Sheet.pdf 04-01132a Analysis.PDF 04-01132a Zoning Map.pdf 04-01132 & 04-01132a Aerial Map.pdf 04-01132a ZB Reso.PDF 04-01132a Application & Supp Docs.PDF 04-01132a Legislation.PDF 04-01132 & 04-01132a Exhibit A.PDF 12648 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.18 04-01279 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 ARTICLES 6 AND 8, IN ORDER TO ADD SECTION 628 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, IN ORDER TO MODIFY REGULATIONS FOR PROPERTIES WITHIN THE DISTRICT; REPEALING THE NCD-2 GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT FROM SECTION 802 AND ENACTING A NEW SECTION 802 PROVIDING FOR " CHARLES AVENUE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT"; EFFECT OF NCD-2 DISTRICT DESIGNATION AND CLASS II SPECIAL PERMIT IN SUCH DISTRICT; CONTAINING A REPEALER City of Miami Page 31 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval (as modified) to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279a. PURPOSE: This will establish the SD-28 Village West Island Special Overlay District and establish a Neighborhood Conservation Overlay District on Grand Avenue. 04-01279 Fact Sheet.pdf 04-01279 PAB Reso.PDF 04-01279 Legislation.PDF 04-01279 Exhibit A.PDF 04-01279 Exhibit B.PDF 04-01279 Exhibit C.PDF 04-01279-submittal-site plans.pdf 12651 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.19 04-01279a ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING PAGE NOS . 46 AND 47 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY: 1) ADDING THE SD-28 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY BIRD ROAD AND US-1 ON THE NORTH; 32ND AVENUE ON THE EAST; FRANKLIN AVENUE (INCLUDING THE BLOCK SOUTH OF FRANKLIN BETWEEN HIBISCUS AND PLAZA STREET), AND CHARLES TERRACE ON THE SOUTH AND THE CITY LIMITS ON THE WEST (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS A AND B AND MADE A PART THEREOF); MIAMI, FLORIDA; AND 2) MODIFYING THE BOUNDARIES OF THE NCD-2 CHARLES AVENUE NEIGHBORHOOD CONSERVATION DISTRICT FROM GRAND AVENUE TO CHARLES AVENUE BY REMOVING THE NCD-2 OVERLAY ALONG ALL PROPERTIES LOCATED ALONG GRAND AVENUE AND FURTHER ADDING City of Miami Page 32 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 THE NCD-2 OVERLAY TO ALL PROPERTIES FRONTING CHARLES AVENUE FROM DOUGLAS ROAD TO MAIN HIGHWAY (SEE COMPLETE LEGAL DESCRIPTIONS AND MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBITS C AND D AND MADE A PART THEREOF) MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SERVERILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, 1) To Add the SD-28 Village West Island Special Overlay District to All Underlying Zoning Classifications and 2) To Modify the Boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District, to Change the Zoning Atlas LOCATION: 1) The Area Generally Bounded by Bird Road and US-1 on the North; 32nd Avenue on the East; Franklin Avenue (Including the Block South of Franklin Between Hibiscus and Plaza Street), and Charles Terrace on the South and the City Limits on the West; and 2) The Area from Grand Avenue to Charles Avenue by Removing the NCD-2 Overlay Along All Properties Located Along Grand Avenue and Further Adding the NCD-2 Overlay to all Properties Fronting Charles Avenue from Douglas Road to Main Highway APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. See companion File ID 04-01279. PURPOSE: This will change the above properties to 1) SD-28 Village West Island Special Overlay District and 2) modify the boundaries of the NCD-2 Charles Avenue Neighborhood Conservation District. 04-01279a Fact Sheet.pdf 04-01279a Zoning Map A.pdf 04-01279a Aerial Map A.pdf 04-01279a Zoning Map B.pdf 04-01279a Aerial Map B.pdf 04-01279a PAB Reso.PDF 04-01279a Legislation.PDF 04-01279a Exhibit A.PDF 04-01179a Exhibit B.pdf 04-01279a Exhibit C.PDF 04-01279a Exhibit D.pdf 12652 MOVED: Johnny L. Winton SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 33 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 PZ.20 04-00984b ORDINANCE Second 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, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will add a new Article XI to the Miami City Code entitled, "Arts and Entertainment Mural Regulations." NOTE: Language in 04-00984b incorporates language passed on First Reading on September 23, 2004 and October 28, 2004 from 04-00984 and language proposed on October 28, 2004 from 04-00984a. 04-00984b Fact Sheet.pdf 04-00984b Legislation.PDF CONTINUED A motion was made by Vice Chairman Gonzalez, seconded by Commissioner Allen, and was passed unanimously, with Commissioner Winton absent, to continue item PZ.20 to the Commission Meeting currently scheduled for April 28, 2005. PZ.21 04-01101 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING 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. City of Miami Page 34 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING 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. 04-01101 Fact Sheet.pdf 04-01101 PAB Reso.PDF 04-01101 Legislation.PDF 12649 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.22 04-01283 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 11, SECTION 1102. NONCONFORMING LOTS, IN ORDER TO MODIFY LANGUAGE PERTAINING TO EXCEPTIONS TO THE DIVISION OF CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 3, 2004 by a vote of 7-0. PURPOSE: This will modify language pertaining to exceptions to the division of contiguous nonconforming lots under the same ownership. City of Miami Page 35 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 04-01283 Fact Sheet.pdf 04-01283 PAB Reso.PDF 04-01283 Legislation.PDF 12650 MOVED: Johnny L. Winton SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Allen ABSENT: Commissioner Regalado PZ.23 04-01441 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 8, SECTION 803, NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; IN ORDER TO CREATE THE NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; ESTABLISH PROTECTIVE LEGISLATIVE ELEMENTS INCLUDING ZONING OVERLAYS, ZONING REVISIONS, DESIGN GUIDELINES AND OTHER MECHANISMS PROVIDED FOR IN ARTICLE 8 FOR COCONUT GROVE; CREATE SPECIAL DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 1, 2004 by a vote of 7-0. See companion File ID 04-01441a. PURPOSE: This will create the NCD-3 Coconut Grove Neighborhood Overlay District and establish special district requirements. 04-01441 Fact Sheet.pdf 04-01441 Analysis.PDF 04-01441 PAB Reso.PDF 04-01441 Legislation.PDF MOVED: Tomas Regalado SECONDED: Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. City of Miami Page 36 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado ABSENT: Commissioner Allen PZ.24 04-01441a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS. 37, 38, 43, 44, 45, 46, 47, AND 48 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY ADDING THE NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY US-1 ON THE NORTH; SOUTHWEST TWENTY-SIXTH ROAD ON THE EAST; BISCAYNE BAY ON THE SOUTH AND THE CITY LIMITS ON THE WEST, SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART THEREOF AND COMPLETE LEGAL DESCRIPTIONS ON FILE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, To Add the NCD-3 Coconut Grove Neighborhood Conservation Overlay District to All Underlying Zoning Classifications to Change the Zoning Atlas LOCATION: The Area Generally Bounded by US-1 on the North; SW 26th Road on the East; Biscayne Bay on the South and the City Limits on the West APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01441. PURPOSE: This will change the above properties to NCD-3 Coconut Grove Neighborhood Conservation Overlay District. 04-01441a Fact Sheet.pdf 04-01441a Analysis.PDF 04-01441a Zoning Map 1.pdf 04-01441a Zoning Map 2.pdf 04-01441a Zoning Map 3.pdf 04-01441a PAB Reso.PDF 04-01441a Legislation.PDF 04-01441a Exhibit A (1 of 3).pdf 04-01441 a Exhibit A (2 of 3).pdf 04-01441a Exhibit A (3 of 3).pdf MOVED: Johnny L. Winton SECONDED: Angel Gonzalez City of Miami Page 37 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.25 04-01442 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 6, SECTION 629, TO ESTABLISH NE 2ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01442a. PURPOSE: This will establish the NE 2nd Avenue Special Overlay District and create the Historic Lemon City/Little Haiti Village Special Overlay District. 04-01442 Fact Sheet.pdf 04-01442 Analysis.PDF 04-01442 PAB Reso.PDF 04-01442 Legislation.PDF MOVED: Jeffery L. Allen SECONDED: Angel Gonzalez UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen PZ.26 04-01442a ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NOS. 13, 14, 15 AND 16 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY ADDING THE SD-29 HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT TO ALL UNDERLYING ZONING CLASSIFICATIONS IN THE AREA GENERALLY BOUNDED BY NORTHEAST SECOND AVENUE, FROM NORTHEAST FIFTY-SECOND STREET TO City of Miami Page 38 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 NORTHEAST SEVENTY-FIRST STREET AND LIBERALLY BOUNDED BY APPROXIMATELY 100-150 FEET ON THE EAST AND WEST SIDE OF NORTHEAST SECOND AVENUE (PROPERTIES ZONED C-1, SEE ZONING ATLAS); SEE MAP OF EXACT PROPERTIES ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF AND COMPLETE LEGAL DESCRIPTIONS ON FILE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000, To Add the SD-29 Historic Lemon City/Little Haiti Village Special Overlay District to All Underlying Zoning Classifications to Change the Zoning Atlas LOCATION: The Area Generally Bounded by NE 2nd Avenue, from NE 52nd Street to NE 71st Street, and Liberally Bounded by Approximately 100-150 Feet on the East and West Side of NE 2nd Avenue APPLICANT(S): Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on December 15, 2004 by a vote of 7-0. See companion File ID 04-01442. PURPOSE: This will change the above properties to SD-29 Historic Lemon City/ Little Haiti Village Special Overlay District. 04-01442a Fact Sheet.pdf 04-01442a Analysis.PDF 04-01442a Zoning Map 1.pdf 04-01442a Zoning Map 2.pdf 04-01442a Aerial Map 1.pdf 04-01442a Aerial Map 2.pdf 04-01442a PAB Reso.PDF 04-01442a Legislation.PDF 04-01442a Exhibit A (1 of 2).pdf 04-01442a Exhibit A (2 of 2).pdf MOVED: Angel Gonzalez SECONDED: Johnny L. Winton Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez and Regalado ABSENT: Commissioner Allen PZ.27 04-01358 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 10, SECTION 10.4 RELATING TO SIGN REGULATIONS/GENERAL REQUIREMENTS; MORE City of Miami Page 39 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 PARTICULARLY BY AMENDING SUBSECTION 10.4.5 TO MODIFY LANGUAGE PERTAINING TO OUTDOOR ADVERTISING SIGNS TO ALLOW FOR ISSUANCE OF SIGN PERMITS THAT RESULT IN A NET REDUCTION IN THE NUMBER OF EXISTING OUTDOOR ADVERTISING SIGNS PURSUANT TO CITY COMMISSION AUTHORIZED SETTLEMENT AGREEMENTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND, PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 11000 Text APPLICANT(S): Joe Arriola, City Manager FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on January 19, 2005. PURPOSE: This will allow for issuance of sign permits that result in a net reduction in the number of existing outdoor advertising signs. 04-01358 Fact Sheet.pdf 04-01358 Legislation.PDF MOVED: Jeffery L. Allen SECONDED: Johnny L. Winton UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen City of Miami Page 40 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 NON -AGENDA ITEMS NA.1 05-00070 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JUDGE HENRY LATIMER UPON HIS UNTIMELY DEATH. R-05-0068 MOVED: Angel Gonzalez SECONDED: Jeffery L. Allen UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Sanchez, Regalado and Allen NA.2 05-00074 DISCUSSION ITEM Chairman Sanchez directed the City Attorney and City Manager to coordinate a workshop as soon as possible to educate the members of the City Commission on Masons Rules of Order. DISCUSSED NA.3 05-00075 DISCUSSION ITEM A motion was made by Commissioner Regalado, seconded by Vice Chairman Gonzalez, and was passed unanimously, directing the City Attorney to prepare appropriate legislation to impose a levy or permit fee on gambling machines placed within the City of Miami; further stipulating that the revenue from said levy or permit fee be earmarked for social services, such as programs to feed the elderly. MOTION NA.4 05-00073 DISCUSSION ITEM Vice Chairman Gonzalez congratulated Joe Arriola on his second anniversary as City Manager. He also recognized his sister and his cousin who were visiting from Spain. DISCUSSED NA.5 05-00062 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $10,000, FROM THE COMMISSION DISTRICT 4 OFFICE BUDGET TO SUPPORT THE HISPANIC COALITION'S DISADVANTAGED YOUTH PROGRAM IN DISTRICT 4. R-05-0077 MOVED: Tomas Regalado SECONDED: Johnny L. Winton City of Miami Page 41 Printed on 1/31/2005 City Commission Marked Agenda January 27, 2005 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez NA.6 05-00054 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CO -SPONSORING THE "EASTER CELEBRATION" EVENT TO BE HELD AT BAYFRONT PARK FROM MARCH 18, 2005 TO MARCH 20, 2005; ALLOCATING FUNDS IN THE AMOUNT OF $3,000, FROM THE DISTRICT 4 SPECIAL EVENTS FUND; WAIVING THE FEES FOR THE POLE BANNER PERMITS ASSOCIATED WITH SAID EVENT. R-05-0078 MOVED: Tomas Regalado SECONDED: Jeffery L. Allen Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Winton, Regalado and Allen ABSENT: Commissioner Sanchez NA.7 04-01178b DISCUSSION ITEM Clarification by City Attorney on previous motion to reconsider file number 04- 01178, changing the land use designation of the property at approximately 3155 SW 22nd Terrace, which was a companion item to file number 04-01178a, amending the zoning atlas of Ordinance No. 11000, the Zoning Ordinance, to change the zoning classification of this same property from "R-2" to "C-1.", which was not reconsidered at that time; the City Attorney further stated that the intent of the reconsideration must be interpreted as a reconsideration for both items. DISCUSSED City of Miami Page 42 Printed on 1/31/2005