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HomeMy WebLinkAboutCC 2007-09-27 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Angel Gonzalez, Chairman Joe Sanchez, Vice Chairman Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Michelle Spence -Jones, Commissioner District Five Pedro G. Hernandez, City Manager Jorge L. Fernandez, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, September 27, 2007 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 AM - APPROVING MINUTES CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.8 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS 10:30 A.M. - PH.1 - Granting Extension of Time -RERG Development, LLC 10:30 A.M. - PH.2 - Conveying Parcels to Prestige Enterprise Group, Inc. SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning items shall not be considered before 10:00 am. City ofl\ Lianii Page 1 Printed on 9:242007 City Commission Marked Agenda September 27, 2007 M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gonzalez, Commissioner Sarnoff, Vice -Chairman Sanchez, Commissioner Regalado and Commissioner Spence -Jones On the 27th day of September 2007, 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 Angel Gonzalez at 9:39 a.m., recessed at 1:45 p.m., reconvened at 4:04 p.m., and adjourned at 4:55 p.m. ALSO PRESENT: Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Pamela Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 07-01192 CEREMONIAL ITEM Honoree Presenter Protocol Item Officer Wilfredo Perez Vice Chair Sanchez Certificate Marta Suarez Vice Chair Sanchez Certificate Miami Northwestern High School Football Team Commissioner Spence -Jones Commendation Brian and Gina Grant Commissioner Sarnoff Commendation 07-01192 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a Salute to the Shenandoah Middle School Museum Magnet Program for their commitment to the celebration of Miami's ancestral memory through the scrupulous documentation of architecture and historic sites in a wholesome, well-rounded educational experience. 2. Vice Chair Sanchez presented a Certificate to Marta Suarez for her outstanding courage and quick thinking in response to criminal activity in her neighborhood. 3. Vice Chair Sanchez presented a Certificate to Officer Wilfredo Perez for his commitment to protecting the community through the City's crime reduction efforts in East Little Havana. 4. Commissioner Spence -Jones recognized the Miami Northwestern High School Football Team for their victory in Texas, making their team the #1 ranked high school football team in the country. 5. Commissioner Sarnoff presented Brian and Gina Grant with a Commendation for their outstanding record of extraordinary community service. 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 City ofMiami Page 3 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 CA.1 07-01138 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE DESIGNATING TRANSPORTATION FACILITIES ("ROADWAYS") LOCATED WITHIN THE CITY OF MIAMI, PURSUANT TO SENATE BILL 138; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAYS. 07-01138 Legislation.pdf 07-01138 Exhibit.pdf 07-01138 Summary Form.pdf 07-01138 The 2005 Florida Statutes.pdf 07-01138 Letter.pdf 07-01138 Letter 2.pdf 07-01138 Letter 3.pdf 07-01138 Letter 4.pdf 07-01138 Letter 5.pdf 07-01138 Letter 6.pdf 07-01138 Letter 7.pdf 07-01138 Letter 8.pdf 07-01138 Letter 9.pdf 07-01138 Letter 10.pdf 07-01138 Letter 11.pdf R-07-0538 MOVED: Joe Sanchez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.2 07-01140 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO AMEND THE EXISTING GRANT MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE LITTLE HAITI TREE -PLANTING PROJECT ("PROJECT"), WITH SAID AMENDMENTS INCLUDING: 1) A TIME EXTENSION FOR THE PROJECT COMPLETION DATE FROM SEPTEMBER 30, 2007 TO MARCH 31, 2008, AND 2) AN INCREASE TO THE INITIAL FUNDING AMOUNT BY AN AMOUNT NOT TO EXCEED $2,500, INCREASING THE ORIGINAL AGREEMENT AMOUNT FROM $75,000, WHICH INCLUDED A LOCAL MATCH AMOUNT OF $18,850, TO AN AMOUNT NOT TO EXCEED $77,500, WHICH INCLUDES A LOCAL MATCH AMOUNT OF $25,728; City ofMiami Page 4 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 THEREBY INCREASING THE ORIGINAL PROJECT COST FROM $93,750 TO $103,228; APPROPRIATING SAID FUNDS INTO A SEPARATE ACCOUNT FROM THE PUBLIC WORKS GENERAL FUND, AND IDENTIFYING IT UNDER SPECIAL REVENUE ACCOUNT, AWARD NUMBER 1358, PROJECT 20-200001; ALLOCATING SAID MATCHING FUNDS, IN THE AMOUNT OF $2,500, FROM PUBLIC WORKS GENERAL FUND ACCOUNT 00001.202000.534000. 07-01140 legislation. pdf 07-01140 Exhibit.pdf 07-01140 Exhibit 2.pdf 07-01140 Summary Form.pdf 07-01140 Letter.pdf 07-01140 Oracle Workflow Notification.pdf 07-01140 Oracle Workflow Notification 2.pdf 07-01140 Pre-Attachment.pdf 07-01140 Text File Report.pdf 07-01140 Text File Report 2.pdf 07-01140 Contract Amendment.pdf 07-01140 Budget.pdf 07-01140 Grant Memorandum OfAgreement.pdf 07-01140 Maintenance Memorandum OfAgreement.pdf 07-01140 Certification Rearding Requirements.pdf 07-01140 Forestry Grant Proposal Form.pdf 07-01140 Planting & Maintenance Guidelines.pdf 07-01140 Urban & Community Forestry Grant Program.pdf 07-01140 Budget 2.pdf 07-01140 Budget 3.pdf 07-01140 Planting & Maintenance Guidelines 2.pdf 07-01140 Description Of Boundary Of Project Site.pdf 07-01140 Three Year Maintenance Plan.pdf 07-01140 Letter 2.pdf 07-01140 Email.pdf 07-01140 General Decision.pdf 07-01140 Scope Of Work.pdf R-07-0533 This Matter was ADOPTED on the Consent Agenda. CA.3 07-01141 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF A GRANT MEMORANDUM OF AGREEMENT, WITH THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, FOR THE FLAGAMI REFORESTATION PROGRAM ("PROJECT"), IN THE AMOUNT OF $31,725; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO AMEND THE EXISTING CONTRACT EXTENDING THE PROJECT COMPLETION DATE FROM SEPTEMBER 30, 2007 TO MARCH 31, 2008, AND INCREASING THE CONTRACT AMOUNT DUE TO THE REQUIRED LOCAL MATCH AMOUNT OF $10,575, THEREBY INCREASING THE TOTAL PROJECT TO AN AMOUNT NOT TO EXCEED $42,300; APPROPRIATING SAID FUNDS IN A City ofMiami Page 5 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 SEPARATE ACCOUNT FROM THE PUBLIC WORKS GENERAL FUND AND ASSIGNING A SPECIAL REVENUE ACCOUNT, AWARD NO. 1385, PROJECT 20-200004, FOR SAID PURPOSE; ALLOCATING THE REQUIRED LOCAL MATCH AMOUNT OF $10,575, FROM PUBLIC WORKS GENERAL FUND ACCOUNT 00001.202000.534000. 07-01141 Legislation.pdf 07-01141 Exhibit.pdf 07-01141 Exhibit 2.pdf 07-01141 Exhibit 3.pdf 07-01141 Exhibit 4.pdf 07-01141 Exhibit 5.pdf 07-01141 Exhibit 6.pdf 07-01141 Exhibit 7.pdf 07-01141 Exhibit 8.pdf 07-01141 Exhibit 9.pdf 07-01141 Exhibit 10.pdf 07-01141 Exhibit 11.pdf 07-01141 Summary Form.pdf 07-01141 Oracle Award Management Page.pdf 07-01141 Contract Amendment.pdf 07-01141 Letter.pdf R-07-0534 This Matter was ADOPTED on the Consent Agenda. CA.4 07-01142 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING, IN THE AMOUNT NOT TO EXCEED $33,244, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, TASK FORCE ON DOMESTIC VIOLENCE, FROM THE VICTIMS OF CRIME ACT (VOCA) GRANT PROGRAM; ALLOCATING THE REQUIRED MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $8,311, IN THE FORM OF IN -KIND SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR A TOTAL PROJECT COST NOT TO EXCEED $41,555, FOR THE ENHANCEMENT OF THE QUALITY OF SERVICES TO CRIME VICTIMS; APPROPRIATING SAID FUNDS INTO SPECIAL REVENUE FUND 12000.191602.434000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 6 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 07-01142 Legislation.pdf 07-01142 Exhibit.pdf 07-01142 Exhibit 2.pdf 07-01142 Exhibit 3.pdf 07-01142 Exhibit 4.pdf 07-01142 Exhibit 5.pdf 07-01142 Exhibit 6.pdf 07-01142 Exhibit 7.pdf 07-01142 Summary Form.pdf 07-01142 Memo.pdf 07-01142 Letter.pdf 07-01142 Letter 2.pdf 07-01142 Letter 3.pdf 07-01142 Grant#V6145.pdf 07-01142 Assurances.pdf 07-01142 Certification Form.pdf 07-01142 Letter 4.pdf 07-01142 Pre-Attachment.pdf 07-01142 Pre-Legislation.pdf R-07-0535 This Matter was ADOPTED on the Consent Agenda. CA.5 07-01143 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ULYSES FERNANDEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM NOT TO EXCEED $231,000, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND 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. 05002.301001.524000.0000.00000. 07-01143 Legislation.pdf 07-01143 Cover Memo.pdf 07-01143 Memo.pdf R-07-0536 This Matter was ADOPTED on the Consent Agenda. CA.6 07-01153 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $646,408; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT City ofMiami Page 7 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01153 Legislation.pdf 07-01153 Exhibit.pdf 07-01153 Exhibit 2.pdf 07-01153 Exhibit 3.pdf 07-01153 Exhibit 4.pdf 07-01153 Exhibit 5.pdf 07-01153 Exhibit 6.pdf 07-01153 Summary Form.pdf 07-01153 Pre-Attachment.pdf R-07-0539 MOVED: Joe Sanchez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.7 07-01181 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "FY 2007 GANG RESISTANCE EDUCATION AND TRAINING (G.R.E.A.T) PROGRAM," CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE AMOUNT OF $54,132, AND IN -KIND SERVICES FROM THE CITY OF MIAMI DEPARTMENT OF POLICE, IN THE AMOUNT OF $26,949, FOR THE REQUIRED MATCH, FOR A TOTAL AMOUNT OF $81,081; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 07-01181 Legislation.pdf 07-01181 Exhibit.pdf 07-01181 Exhibit 2.pdf 07-01181 Exhibit 3.pdf 07-01181 Exhibit 4.pdf 07-01181 Exhibit 5.pdf 07-01181 Exhibit 6.pdf 07-01181 Exhibit 7.pdf 07-01181 Summary Form.pdf R-07-0540 MOVED: SECONDED: UNANIMOUS Joe Sanchez Marc David Sarnoff City ofMiami Page 8 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.8 07-01187 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN DAVID E. CARDWELL, ESQUIRE, AND THE CARDWELL LAW FIRM, AS OUTSIDE COUNSEL, IN AN AMOUNT NOT TO EXCEED $10,000, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI 'S CREATION OF THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT AS A SPECIAL TAXING DISTRICT WITHIN THE CITY OF MIAMI; APPROPRIATING FUNDS FROM THE 2007-2008 BUDGET OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE. 07-01187 Legislation.pdf 07-01187 Cover Memo.pdf 07-01187 Letter.pdf R-07-0537 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: Joe Sanchez Michelle Spence -Jones Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA City ofMiami Page 9 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 10:30 A.M. PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 and PH.2. PH.1 07-01146 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING TO RERG DEVELOPMENT, LLC. : (1) AN Development EXTENSION OF TIME, UNTIL FEBRUARY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1275 NORTHWEST 58TH STREET, 1283 NORTHWEST 58TH TERRACE, 1288 NORTHWEST 58TH TERRACE, 1280 NORTHWEST 59TH STREET, AND 1290 NORTHWEST 59TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF FIVE (5) SINGLE FAMILY HOMES, AND (2) AN EXTENSION OF TIME, UNTIL JULY 1, 2008, TO COMMENCE CONSTRUCTION ON THE PROPERTIES LOCATED AT 1240 NORTHWEST 59TH STREET, AND 1241 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "B," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION OF TWELVE (12) TOWNHOMES; STATING THE INTENTION OF THE CITY COMMISSION RELATED TO CONVEYANCE OF TITLE TO SAID PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. 07-01146 Legislation.pdf 07-01146 Exhibit.pdf 07-01146 Exhibit 2.pdf 07-01146 Summary Form.pdf 07-01146 Pre-Legislation.pdf 07-01146 Pre-Attachment.pdf 07-01146 Letter.pdf 07-01146 Letter 2.pdf 07-01146 Affordable Housing Certification.pdf 07-01146 Property Information.pdf 07-01146 Quit Claim Deed.pdf 07-01146 Property Information 2.pdf 07-01146 Quit Claim Deed 2.pdf 07-01146 Property Information 3.pdf 07-01146 Quit Claim Deed 3.pdf 07-01146 Property Information 4.pdf 07-01146 Quit Claim Deed 4.pdf 07-01146 Property Information 5.pdf 07-01146 Quit Claim Deed 5.pdf 07-01146 Property Information 6.pdf 07-01146 Quit Claim Deed 6.pdf 07-01146 Property Information 7.pdf 07-01146 Quit Claim Deed 7.pdf DEFERRED A motion was made by Commissioner Spence -Jones, seconded by Vice Chairman Sanchez, and was passed unanimously, to defer item PH.1 to the City Commission meeting currently scheduled for October 11, 2007. City ofMiami Page 10 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PH.2 07-01189 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO PRESTIGE Development ENTERPRISE GROUP, INC., WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A," ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, FOR THE DEVELOPMENT OF A MIXED -USE, MIXED -INCOME AFFORDABLE HOUSING PROJECT ON THE SITE, SUBJECT TO THE TERMS INDICATED ON EXHIBIT "B," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXERCISE THE DISCRETION INDICATED ON EXHIBIT "B" WITH REGARD TO THE TOTAL NUMBER OF PROJECT UNITS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 07-01189 Legislation.pdf 07-01189 Exhibit.pdf 07-01189 Exhibit 2.pdf 07-01189 Summary Form.pdf 07-01189 Special Warranty Deed.pdf 07-01189 Memo.pdf R-07-0542 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 11 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 ORDINANCE - SECOND READING SR.1 07-01063 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01063 Legislation SR/FR .pdf 07-01063 Cover Memo FR .pdf 07-01063 Cover Memo SR.pdf 12942 MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 12 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 ORDINANCE - FIRST READING FR.1 07-01088A ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 18/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT," MORE PARTICULARLY BY AMENDING SECTION 18-84 TO REQUIRE THAT ALL INVITATION FOR BIDS, REQUEST FOR LETTERS OF INTEREST, REQUEST FOR PROPOSALS, REQUEST FOR QUALIFICATIONS OR ANY OTHER METHOD OF SOURCE SELECTION, WHETHER FORMAL OR INFORMAL, TO BE ISSUED BY THE CITY OF MIAMI SHALL BE DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S) AND IN THE EVENT THAT THE SAME ARE NOT DEVELOPED OR DRAFTED BY CITY OF MIAMI EMPLOYEE(S), THE NON -CITY OF MIAMI EMPLOYEE(S) OR FIRM ASSISTING, DEVELOPING, OR DRAFTING ANY PORTION OF THE SOLICITATION DOCUMENT SHALL BE PROHIBITED FROM COMPETING FOR THE AWARD OF ANY CONTRACT RESULTING FROM SUCH PROCESS AND SHALL BE TREATED AS PART OF THE CITY'S PROFESSIONAL STAFF UNDER THE CONE OF SILENCE, WHEN APPLICABLE; THIS PROVISION DOES NOT APPLY TO CIRCUMSTANCES WHEREBY THE CITY ENGAGES NON -CITY OF MIAM EMPLOYEE(S) OR FIRM TO COLLECT OR PROVIDE INDUSTRY COMMENTS, CONDUCT MARKET RESEARCH, OR PROVIDE TECHNICAL DATA. 07-01088A Legislation.pdf 07-01088A Cover Memo.pdf MOVED: Joe Sanchez SECONDED: UNANIMOUS Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Marc David Sarnoff City ofMiami Page 13 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 RESOLUTIONS RE.1 07-01147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS NO. 32050, THAT THE SOLE PROPOSER, MCGLADREY AND PULLEN, LLP, IS QUALIFIED TO PROVIDE EXTERNAL AUDITING SERVICES FOR THE CITY OF MIAMI ("CITY"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE (1) YEAR PERIOD, WITH OPTIONS TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $380,000, FOR THE FIRST YEAR, $390,000, FOR THE SECOND YEAR, AND $410,000, FOR THE THIRD YEAR, RESULTING IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $1,180,000; FURTHER AUTHORIZING THE CITY MANAGER TO AMEND THE PSA FOR ADDITIONAL SERVICES REQUIRED BY THE CITY WITHOUT FURTHER CITY COMMISSION ACTION IN THE AMOUNT NOT TO EXCEED 10% OF THE ANNUAL AMOUNT, FOR EACH OF THE RESPECTIVE YEARS OR IN THE AGGREGATE, WHICHEVER COMES FIRST; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 00001.161000.532000. City ofMiami Page 14 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 07-01147 Legislation.pdf 07-01147 Exhibit.pdf 07-01147 Exhibit 2.pdf 07-01147 Exhibit 3.pdf 07-01147 Summary Form.pdf 07-01147 Negotiations Search Webpage.pdf 07-01147 Vendor Mailing List.pdf 07-01147 Memo.pdf 07-01147 External Auditing Services.pdf 07-01147 Request For Proposal.pdf 07-01147 Letter.pdf 07-01147 Proposal Cover Page.pdf 07-01147 Table Of Contents.pdf 07-01147 Executive Summary.pdf 07-01147 Proposers Qualifications & Experience.pdf 07-01147 Technical Qualifications.pdf 07-01147 Audit Approach.pdf 07-01147 Local Preference.pdf 07-01147 Fees For Services.pdf 07-01147 Appendix.pdf 07-01147 License.pdf 07-01147 License 2.pdf 07-01147 License 3.pdf 07-01147 License 4.pdf 07-01147 License 5.pdf 07-01147 Occupational License 1.pdf 07-01147 Occupational License 2.pdf 07-01147 Occupational License 3.pdf 07-01147 License Details.pdf 07-01147 License Details 2.pdf 07-01147 License Details 3.pdf 07-01147 License Details 4.pdf 07-01147 License Details 5.pdf 07-01147 License Details 6.pdf 07-01147 Certification Statement.pdf 07-01147 Certification Statement 2.pdf 07-01147 Addendum #1.pdf 07-01147 Letter 2.pdf 07-01147 Letter 3.pdf 07-01147 Letter 4.pdf 07-01147 Letter 5.pdf 07-01147 Fundamentals.pdf R-07-0543 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: RE.2 07-00571A RESOLUTION Commissioner Gonzalez, Sarnoff and Regalado Commissioner Sanchez and Spence -Jones City ofMiami Page 15 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Capital CITY MANAGER TO NEGOTIATE AND TO EXECUTE AN INTERLOCAL Improvements AGREEMENT, SUBJECT TO THE CITY MANAGER'S APPROVAL AND THE Program CITY ATTORNEY'S APPROVAL, WITH THE MIAMI-DADE COUNTY SCHOOL BOARD ("SCHOOL BOARD"), REGARDING DESIGNING, CONSTRUCTING, FUNDING, MAINTAINING, AND OPERATING A CO -LOCATED INTERNATIONAL POLICE TRAINING FACILITY POLICE COLLEGE AND A LAW ENFORCEMENT HIGH SCHOOL (COLLECTIVELY, "FACILITY"), ON THE CITY OF MIAMI OWNED SITE CREATED FROM THE UNIFICATION OF THE PROPERTIES LOCATED AT 405 NORTHWEST 3RD AVENUE, ("MIAMI POLICE HEADQUARTERS") AND 401 NORTHWEST 3RD AVENUE, ("ADJACENT LOT"), MIAMI, FLORIDA, FOR THE DESIGN, CONSTRUCTION AND CONTINGENCIES OF THE FACILITY, IN AN AMOUNT NOT TO EXCEED $37,470,000; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A LEASE AND OPERATING AGREEMENT WITH THE SCHOOL BOARD, SUBJECT TO THE CITY MANAGER'S APPROVAL AND THE CITY ATTORNEY'S APPROVAL; FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE ANY ADDITIONAL AGREEMENT(S) DEEMED NECESSARY TO ESTABLISH THE ONGOING RESPONSIBILITIES OF BOTH PARTIES FOR THE CONSTRUCTION, FUNDING, CONTINGENCIES, MAINTENANCE, AND CONTINUED OPERATION OF THE FACILITY, SUBJECT TO THE CITY ATTORNEY'S APPROVAL. 07-00571A Legislation.pdf 07-00571A Summary Form.pdf 07-00571A Memo.pdf R-07-0532 MOVED: SECONDED: Marc David Sarnoff Joe Sanchez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 16 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 DISCUSSION ITEMS DI.1 07-01077 DISCUSSION ITEM Department of DISCUSSION CONCERNING MANAGEMENT LETTER AND SINGLE Finance AUDITOR REPORT FOR FISCAL YEAR ENDED 2006 FROM EXTERNAL AUDITORS. 07-01077 Summary Form.pdf DISCUSSED DI.2 07-01188 DISCUSSION ITEM Office of the City DISCUSSION OF SETTLEMENT OFFER FROM FEILER & LEACH, P.A., Attorney TO SETTLE THE CASE OF JUAN AGUIRRE V. CITY OF MIAMI, CASE NO.: 04-23205-CIV-HIGHSMITH, IN THE AMOUNT OF $150,000, INCLUSIVE OF FEES AND COSTS. 07-01188 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (DI.2) 07-01188a RESOLUTION City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO OFFER AND THE DIRECTOR OF FINANCE TO PAY, IF OFFER IS ACCEPTED, FEILER & LEACH, P.L., ON BEHALF OF JUAN AGUIRRE, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $80,000, 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 JUAN AGUIRRE VS. CITY OF MIAMI, IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA, CASE NO: 04-23205-CIV-HIGHSMITH 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. 05002.301001.545000.0000.00000. R-07-0548 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 17 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PART B The following items shall not be considered before 10:00 am. PZ.1 04-00081x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL, REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF "C-2" LIBERAL COMMERCIAL, CONDITIONAL PRINCIPAL USES (12), TO ALLOW MULTIFAMILY RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO "R-3" OR HIGHER, IN THIS CASE "R-4", AND ARTICLE 9, SECTION 917.6, REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR LOW-INCOME FAMILIES AND INDIVIDUALS, TO ALLOW UP TO 50% PARKING REDUCTION, PROPOSED 194 PARKING SPACES, REQUIRED 265 PARKING SPACES, REQUEST TO WAIVE 71 PARKING SPACES (27% REDUCTION), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3650 NORTHWEST 36TH STREET, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPLICANT SHALL PRESENT FINAL DESIGN DETAILS ON THE FACADES, INCLUDING COLOR, SIGNS AND MATERIALS FOR REVIEW AND APPROVAL BY THE PLANNING DIRECTOR PRIOR THE ISSUANCE OF A BUILDING PERMIT, 2) IRRESPECTIVE OF THE REDUCTION REQUESTED THROUGH THIS APPLICATION, AND PURSUANT TO SECTION 917.10 OF THE ZONING ORDINANCE, ALL RESIDENTS SHALL BE ASSIGNED AT LEAST ONE SPACE WITHOUT CHARGE, 3) APPLICANT SHALL PROVIDE NOT LESS THAN 229 PARKING SPACES. 04-00081x Analysis.pdf 04-00081x ZB Zoning Map.pdf 04-00081x Aerial Map.pdf 04-00081x ZB Application & Supporting Docs.pdf 04-00081x ZB Plans.pdf 04-00081x ZB 04-09-07 Fact Sheet.pdf 04-00081x ZB Reso - OLD.PDF 04-00081x ZB Reso - Modified.pdf 04-00081x Appeal Letter.PDF 04-00081 CC Zoning Map.pdf 04-00081x CC Application & Supporting Docs.pdf 04-00081x CC Zoning Write Up & Plans.pdf 04-00081x CC Legislation (Version 3).pdf 04-00081x Exhibit A.pdf 04-00081x CC Legislation (Version 4).pdf 04-00081x Exhibit A.pdf 04-00081x CC 07-26-07 Fact Sheet.pdf 04-00081x CC 09-27-07 Fact Sheet.pdf R-07-0544 MOVED: Angel Gonzalez City ofMiami Page 18 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Spence -Jones to the City Manager and the City Attorney to come back to the City Commission with legislation and/or information regarding creation of criteria for parking waivers on affordable housing projects. PZ.2 06-02095 ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE" TO APPLY IN THE AREA GENERALLY DESCRIBED AS THE EAST QUADRANT AND MORE SPECIFICALLY DEPICTED IN EXHIBIT A, "MIAMI 21 ATLAS," ATTACHED HERETO, INCLUDING DEFINITIONS, GENERAL PROVISIONS TO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE EAST QUADRANT, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000 AS APPLICABLE TO REPLACE IT WITH THE MIAMI 21 CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. MIAMI RIVER COMMISSION: Unanimously found the draft "Miami 21" Eastern Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on April 18, 2007 by a vote of 7-2. *See supporting documentation. PURPOSE: This will adopt a new zoning code entitled, "Miami 21 Code," for the East Quadrant of the City of Miami. City ofMiami Page 19 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 06-02095 - PAB Miami 21.pdf Miami21Document 03-16-07.pdf 06-02095 PAB Reso.PDF 06-02095 Miami River Commission Comments.pdf 06-02095 CC Legislation (Version 2).pdf 06-02095 Exhibit A - (Miami 21 Atlas - June 2007).pdf 06-02095 Exhibit B - (Miami 21 Code - June 2007).pdf 06-02095 CC FR 06-28-07 Fact Sheet.pdf 06-02095 Submittal Brickell West Study.pdf 06-02095 Submittal by Mayor's Off. Letter Dept. of Comm. Affairs.pdf 06-02095 Submittal Letter Miami River Commission.pdf 06-02095 Submittal Letter -Brenda K. Newman.pdf 06-02095 Submittal Letter -Judith Sandoval.pdf 06-02095 Submittal Letter -Robert Mayor.pdf 06-02095 Submittal Letter -Sam Poole.pdf 06-02095 Submittal Miami neighborhood United.pdf 06-02095 Submittal Petition for bldg. height limits.pdf 06-02095 Submittal Upper Eastside Miami Council Reso..pdf 06-02095 Submittal Village Council Reso..pdf 06-02095 Submittal-AIA Miami American Institute of Architects.pdf 06-02095 Submittal -Barbara K. Bisno.pdf 06-02095 Submittal -Bennet Pumo.pdf 06-02095 Submittal -Community Benefits Coalition.pdf 06-02095 Submittal-Daniella Levine Statement.pdf 06-02095 Submittal-McDowell.pdf 06-02095 Submittal -Miami 21 Fact V Reality.pdf 06-02095 Submittal -Support Preservation of Historic Royal Palms.pdf 06-02095 Support Letters for T6-36-60 Brickell West Area.pdf 06-02095 0425-Presentation-City Commission -June 28 07.pdf 06-02095 Submittal BRICKEL VILLAGE WEST Study 06-02095 Submittal Economic Impacts on Historic Preservation.pdf 06-02095 CC FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.3 07-00826zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO DELETE, IN ITS ENTIRETY, ARTICLE 7, ENTITLED, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," AND PROVIDING FOR CERTAIN PROVISIONS OF SAID ARTICLE TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION," BY PROVIDING DEFINITIONS AND ESTABLISHING PROVISIONS FOR (1) "TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES;" A PROCESS WHEREBY OWNERS OF HISTORICALLY SIGNIFICANT PROPERTIES OR NON-CONTRIBUTING PROPERTIES WITHIN THE MIAMI MODERN ("MIMO")/BISCAYNE BOULEVARD HISTORIC DISTRICT MAY SELL City ofMiami Page 20 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 BASE UNUSED DEVELOPMENT RIGHTS; (2) REQUIRING BENEFIT FROM SUCH TRANSFER TO BE USED FOR FUTURE IMPROVEMENTS AND MAINTENANCE OF ORIGINATING HISTORIC PROPERTIES; (3) AN ELIGIBILITY PROCESS FOR HISTORIC RESOURCES WHEREBY THOSE PROPERTIES NOT YET LOCALLY DESIGNATED MAY QUALIFY FOR THE TRANSFER OF DEVELOPMENT PROGRAM, (4) A MONITORING PROCESS TO INSURE COMPLIANCE WITHIN THE TRANSFER OF DEVELOPMENT RIGHTS PROCESS; (5) CREATING A TRACKING SYSTEM WITHIN THE BUILDING PERMIT PROCESS THAT LIMITS CAPACITIES FOLLOWING THE SALE OF THE DEVELOPABLE TRANSFER RIGHTS SUBJECT TO THE APPLICABLE PROVISIONS OF THE ZONING ORDINANCE AND THE MIAMI 21 CODE; (6) WAIVERS AND EXCEPTIONS FOR LOCALLY DESIGNATED HISTORIC RESOURCES; AND (7) NOMINATIONS TO THE NATIONAL REGISTER OF HISTORIC PLACES; MORE PARTICULARLY BY AMENDING SECTIONS 23-1 THROUGH 23-9 OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 7 from Zoning Ordinance No. 11000, as amended, to provide for certain provisions of the Article to be incorporated in the Code of the City of Miami, and amend Chapter 23 of the Code of the City of Miami by providing definitions and establishing provisions for transfer of development rights. 07-00826zt Legislation (Version 1).pdf 07-00826zt FR 06-28-07 Fact Sheet.pdf 07-00826zt FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.4 06-00366zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE 21, SECTION 2105.4, IN ORDER TO ENSURE THIS SECTION APPLIES TO OCCUPANCY AND USE OF LAND; AND BY AMENDING SECTION 2105.5, SPECIFICALLY, BY ENACTING A NEW SUBSECTION 2105.5, ENTITLED, "INTERIM PROTECTION MEASURES PROVIDING FOR ZONING IN PROGRESS AS TO APPLICATIONS FOR DEVELOPMENT PERMITS, AS DEFINED HEREIN, UNDER ORDINANCE NO. 11000 WHEN ORDINANCE NO. 11000 IS IN THE PROCESS OF BEING REPLACED BY A NEW ZONING CODE;" PROVIDING FOR INTENT; NOTIFICATION; INTERIM PROTECTION MEASURES; APPLICATIONS FILED PRIOR TO NOTIFICATION; EXEMPTIONS; AND SCOPE; AND FURTHER AMENDING SECTION 2107 TO PROVIDE THAT CERTIFICATES OF OCCUPANCY GRANTED IN ERROR DO City ofMiami Page 21 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 NOT AUTHORIZE VIOLATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 18, 2007 by a vote of 6-3. PURPOSE: This will enact a new section 2105.5, which provides for interim protection measures implementing zoning in progress for a defined and finite interval of time during the pendency of the adoption of a new zoning code. 06-00366zt-ZIP (4-18-07).pdf 06-00366zt-ZIP April 4 (Workshop).pdf 06-00366zt - PAB Backup - April 5, 2006.PDF 06-00366zt and 05-00658zt-ZIP March 1 2006 Draft Version 1 (Workshop).pdf 06-00366zt - PAB Supporting Documentation - March 21, 2007.pdf 05-00658zt-ZIP May 31 2006 Draft -Version 2 (Workshop).pdf Sample -City of Miami Ordinanance Chapter 13 by DPZ.pdf Sample -Village of Key Biscayne ZIP and Moratoria.pdf Sample -City of Fort Myers Land Regulation Chapter 25.pdf 06-00366zt PAB Reso.PDF 06-00366zt CC Legislation (Version 2).pdf 06-00366zt CC FR 06-28-07 Fact Sheet.pdf 06-00366zt CC FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.5 07-00828zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED, "ZONING AND PLANNING," TO CREATE NEW ARTICLE XII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED," TO ALLOW FOR THE ZONING ADMINISTRATOR TO AUTHORIZE CERTAIN TEMPORARY USES AND OCCUPANCIES AND SET FORTH PROVISIONS FOR CLASS I SPECIAL PERMITS; MORE PARTICULARLY, BY CREATING NEW DIVISION 1, ENTITLED, "CLASS I SPECIAL PERMITS," CONSISTING OF SECTIONS 62-501 THROUGH 62-512; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a new Article XII in the Code of the City of Miami to allow for the Zoning Administrator to authorize certain temporary uses and occupancies and set forth provisions for Class I Special Permits. 07-00828zt Legislation (Version 1).pdf 07-00828zt Table Attachment to Legislation.pdf 07-00828zt FR 06-28-07 Fact Sheet.pdf 07-00828zt FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.6 07-00830zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY (1) DELETING ARTICLE 14, ENTITLED, "CLASS I SPECIAL PERMITS; DETAILED REQUIREMENTS," IN ITS ENTIRETY AND PROVIDING FOR SAID PROVISIONS TO BE INCORPORATED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND (2) AMENDING ARTICLE 13, ENTITLED, "SPECIAL PERMITS; GENERALLY," TO DELETE REFERENCES TO CLASS I SPECIAL PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 14 in Zoning Ordinance No. 11000, as amended, to provide for certain provisions to be incorporated in the Code of the City of Miami, and amend Article 13 to delete references to Class I Special Permits. 07-00830zt Legislation (Version 1).pdf 07-00830zt Table Attachment to Legislation.pdf 07-00830zt FR 06-28-07 Fact Sheet.pdf 07-00830zt FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED PZ.7 07-00834zt ORDINANCE First Reading TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED City ofMiami Page 23 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PZ.8 05-01049m m AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY DELETING ARTICLE 8.1, ENTITLED, "TREE PROTECTION," IN ITS ENTIRETY; FURTHER, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW ARTICLE IV TO CHAPTER 17, ENTITLED, "ENVIRONMENTAL PRESERVATION/TREE PROTECTION," BY PROVIDING FOR INTENT AND PURPOSE; DEFINITIONS, APPLICABILITY, PERMIT APPLICATIONS, REQUIREMENTS, REVIEW AND FEES, CRITERIA AND CONDITIONS FOR TREE REMOVAL, RELOCATION, REPLACEMENT, AND PROTECTION, AND APPEALS AND APPELLATE FEES; ENFORCEMENT, PENALTIES AND REMEDIES; MORE PARTICULARLY BY ADDING NEW SECTIONS 17-100 TO 17-110 TO CHAPTER 17; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will delete Article 8.1 in Zoning Ordinance No. 11000, as amended, and amend the Code of the City of Miami by adding a new Article IV to Chapter 17, entitled, "Environmental Preservation/Tree Protection." 07-00834zt Legislation (Version 1).pdf 07-00834zt Table Attachments to Legislation.pdf 07-00834zt FR 06-28-07 Fact Sheet.pdf 07-00834zt FR 09-27-07 Fact Sheet.pdf INDEFINITELY DEFERRED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO BE LOCATED AT APPROXIMATELY 234-42 NORTHEAST 79TH STREET, 7811, 7815, 7823, 7827 AND 7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MULTI -PHASE PROJECT WITH STRUCTURES OF APPROXIMATELY 111 FOOT, 12 STORY, 129 FOOT, 14 STORY AND 93 FOOT, 10 STORY HIGH BUILDINGS TO BE COMPRISED OF APPROXIMATELY 339 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 1,300 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 2,207 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 254 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 LOCATION: Approximately 234-42 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): N. Patrick Range, Esquire, on behalf of BHG-79th St. LLC, Villa Patricia Phase II, LLC and Villa Patricia Phase III, LLC, Lessees and Lubins Development Corp., Owner FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on July 18, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow the substantial modification of the Villa Patricia project. 05-01049mm - PAB Item 3 backup informatiom.pdf 05-01049mm PAB Reso.PDF 05-01049mm CC Legislation (Version 2).PDF 05-01049mm CC Exhibit A.pdf 05-01049mm CC Exhibit B.pdf 05-01049mm CC Fact Sheet.pdf 05-01049mm Outside Cover.PDF 05-01049mm Inside Cover.PDF 05-01049mm Table of Contents.PDF 05-01049mm I. Project Information.PDF 05-01049mm I.A. Letter of Intent.PDF 05-01049mm I.B. Major Use Special Permit Application.PDF 05-01049mm I.C. Approvled Major Use Special Permit Resolution No. 05-0642.PDF 05-01049mm I.D. Zoning Write-Up.PDF 05-01049mm I.E. Zoning Atlas and Land Use Maps.PDF 05-01049mm I.F. Project Data Sheet.PDF 05-01049mm I.G. Warranty Deeds.PDF 05-01049mm I.H. Ownership List.PDF 05-01049mm I.I. State of Florida Documents.PDF 05-01049mm I.J. Owner's Authorization Letter.PDF 05-01049mm I.K. Directory of Project Principals.PDF 05-01049mm II. Project Description.PDF 05-01049mm III. Tab 1. Minority Construction Employment Plan.PDF 05-01049mm III. Tab 2. Traffic Impact Analysis.PDF 05-01049mm III. Tab 3. Site Utility Study.PDF 05-01049mm III. Tab 4. Economic Impact Study.PDF 05-01049mm III. Tab 5. Survey of Property.PDF 05-01049mm III. Tab 6. Drawings Submitted.PDF R-07-0545 MOVED: SECONDED: Joe Sanchez Michelle Spence -Jones City ofMiami Page 25 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PZ.9 07-00933m u UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 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, FOR THE COURTHOUSE CENTER PARKING GARAGE PROJECT, LOCATED AT APPROXIMATELY 240 NORTH MIAMI AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE STRUCTURE COMPRISED OF A PARKING GARAGE STRUCTURE WITH APPROXIMATELY 314,089 SQUARE FEET OF PARKING FLOOR AREA; APPROXIMATELY 4,043 SQUARE FEET OF RETAIL FLOOR AREA; AND APPROXIMATELY 40,878 SQUARE FEET OF OFFICE FLOOR AREA. THE BUILDING STRUCTURE WILL HAVE A MAXIMUM HEIGHT OF APPROXIMATELY 169 FEET A.M.S.L. AT TOP OF BUILDING FEATURE. THE PROPOSED PROJECT WILL PROVIDE A TOTAL OF 852 PARKING SPACES OF WHICH 5 PARKING SPACES WILL BE FOR RETAIL USE, 31 PARKING SPACES WILL BE FOR OFFICE USE, AND 816 PARKING SPACES WILL BE AVAILABLE TO THE GENERAL PUBLIC; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 240 N Miami Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Arthur Noriega, Executive Director, on behalf of the Miami Parking Authority FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Pending recommendation on September 19, 2007. *See supporting documentation. PURPOSE: This will allow the development of the Courthouse Center Garage project. City ofMiami Page 26 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 Item #5-07-00933mu - 09-05-07 PAB.pdf 07-00933mu Courthouse Garage Supp. Info - 09-19-07 PAB.pdf 07-00933mu CC Legislation (Version 2).PDF 07-00933mu CC Exhibit A.pdf 07-00933mu CC Exhibit B.pdf 07-00933mu CC Fact Sheet.pdf 07-00933mu Outside Cover.PDF 07-00933mu Inside Cover.PDF 07-00933mu Table of Contents.PDF 07-00933mu I. Project Information.PDF 07-00933mu I.A. Letter of Intent.PDF 07-00933mu I.B. Major Use Special Permit Application.PDF 07-00933mu I.C. Zoning Write-Up.PDF 07-00933mu I.D. Zoning Atlas.PDF 07-00933mu I.E. Project Data Sheet.PDF 07-00933mu I.F. DeedReal Estate Property TaxesCharter.PDF 07-00933mu I.G. Ownership List.PDF 07-00933mu I.H. State of Florida Documents.PDF 07-00933mu I.I. Directory of Project Principals.PDF 07-00933mu II. Project Description.PDF 07-00933mu III. Supporting Documents.PDF 07-00933mu III. Tab 1. Minority Construction Employment Plan.PDF 07-00933mu III. Tab 2. Traffic Impact Analysis.PDF 07-00933mu III. Tab 3. Site Utility Study.PDF 07-00933mu III. Tab 4. Economic Impact Analysis.PDF 07-00933mu III. Tab 5. Boundary Survey.PDF 07-00933mu III. Tab 6. Drawings Submitted.PDF 07-00933mu PAB Reso.PDF R-07-0546 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.10 07-00388xc RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL, CONDITIONAL PRINCIPAL USES (4), TO ALLOW A MEDICAL OFFICE WITH APPROXIMATELY 5,812 SQUARE FEET, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3065-67 WEST FLAGLER STREET, MIAMI, FLORIDA; SUBJECT TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED; SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE PROPOSED FACILITY SHALL BE LIMITED TO OUTPATIENTS ONLY WITH NO OVERNIGHT STAY; 2) A COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS, INCLUDING IRRIGATION AND City ofMiami Page 27 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PZ.11 06-00829Iu 1 ILLUMINATION MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND 3) PLAN OF THE EXISTING AND PROPOSED FACADES, SIGN SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. LOCATION: Approximately 3065-67 West Flagler Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Yolanda Galarraga FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on July 9, 2007 by a vote of 8-0. *See supporting documentation. PURPOSE: This will allow a medical office. 07-00388xc Analysis (OLD).pdf 07-00388x Zoning Map.pdf 07-00388x Aerial Map.pdf 07-00388x Application & Supporting Docs.pdf 07-00388x Plans (OLD).pdf 07-00388xc Plans - Modified.pdf 07-00388x ZB 04-23-07 Fact Sheet.pdf 07-00388xc ZB 07-09-07 Fact Sheet.pdf 07-00388xc ZB Reso.PDF 07-00388xc CC Analysis.PDF 07-00388xc CC Legislation.PDF 07-00388xc Exhibit A.pdf 07-00388xc CC Fact Sheet.pdf R-07-0547 MOVED: SECONDED: Tomas Regalado Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSIDERING, BY LEAVE OF ADMINISTRATIVE COURT, AN AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND AMENDING ORDINANCE NO. 12920 BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY City ofMiami Page 28 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 MULTIFAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 399 NE 82nd Terrace [Commissioner Michelle Spence -Jones - District 5] REQUESTOR: Jorge L. Fernandez, City Attorney, on behalf of the City of Miami PURPOSE: This will change the above property to Duplex Residential in accordance with the Stipulated Settlement Agreement. 06-008291u1 City Attorney Memorandum.pdf 06-008291u1 Land Use Map.pdf 06-008291u1 Aerial Map.pdf 06-008291u1 Order Granting Continuance.pdf 06-008291u1 Court's Motion.pdf 06-008291u1 FR Legislation (Version 1).pdf 06-008291u1 Exhibit A.pdf WITHDRAWN PZ.12 06-01433zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. See companion File ID 06-01433xc. PURPOSE: This will change the above properties to R-3 Multifamily Medium -Density Residential with an SD-12 Buffer Overlay District. The applicant has proffered a covenant for these properties. City ofMiami Page 29 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 06-01433zc Analysis.pdf 06-01433zc Zoning Map.pdf 06-01433zc Aerial Map.pdf 06-01433zc Application & Supporting Docs.pdf 06-01433zc ZB 10-30-06 Fact Sheet.pdf 06-01433zc ZB 11-13-06 Fact Sheet.pdf 06-01433zc ZB Reso.PDF 06-01433zc Legislation (Version 2).pdf 06-01433zc Exhibit A.pdf 06-01433zc CC FR Fact Sheet 01-25-07.pdf 06-01433zc CC FR Fact Sheet 02-22-07.pdf 06-01433zc Submittal Map & Letter.pdf Letter Requesting Replacement on City Commission Agenda.PDF 06-01433zc CC FR Fact Sheet 04-26-07.pdf 06-01433zc CC FR Fact Sheet 05-24-07.pdf 06-01433zc CC SR Fact Sheet 07-26-07.pdf 06-01433zc CC SR 09-27-07 Fact Sheet.pdf 12944 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.13 06-01433xc RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SUPPLEMENT 14, TO ALLOW PARKING ON R-3 PROPERTIES WITH SD-12 OVERLAY TO SERVE ADJACENT COMMERCIAL USES, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 6443 BISCAYNE BOULEVARD, 621-625 AND 645 NORTHEAST 64TH TERRACE, MIAMI, FLORIDA. LOCATION: Approximately 6443 Biscayne Boulevard, 621-625 and 645 NE 64th Terrace [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Grec Luis Development, Ltd., Contract Purchaser, and Grec/Luis II, Ltd. and Terra Urbana, Ltd., Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on November 13, 2006 by a vote of 6-1. See companion File ID 06-01433zc. PURPOSE: This will allow a multifamily structure with a parking garage. City ofMiami Page 30 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 06-01433xc Analysis.pdf 06-01433xc Zoning Map.pdf 06-01433xc Aerial Map.pdf 06-01433xc Application & Supporting Docs.pdf 06-01433xc Plans (OLD).pdf 06-01433xc ZB Plans.pdf 06-01433xc ZB 10-30-06 Fact Sheet.pdf 06-01433xc ZB 11-13-06 Fact Sheet.pdf 06-01433xc ZB Reso.PDF 06-01433zc Recorded Warranty Deed.pdf 06-01433xc CC Analysis.pdf 06-01433xc CC Zoning Substantial Compliance Plans.pdf 06-01433xc CC Legislation (Version 2).pdf 06-01433xc Exhibit A.pdf 06-01433xc CC 07-26-07 Fact Sheet.pdf 06-01433xc CC 09-27-07 Fact Sheet.pdf R-07-0549 MOVED: SECONDED: Marc David Sarnoff Joe Sanchez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: PZ.14 06-02044zt ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 615 CONCERNING SD-15 RIVER QUADRANT MIXED -USE DISTRICT IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY BY CLASS II SPECIAL PERMIT; AND ALSO IN ORDER TO MODIFY THE AFFORDABLE HOUSING CONTRIBUTION IN THE SD-15 DISTRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt1. PURPOSE: This will permit public storage facilities within 150 feet from a major interstate by Class II Special and will modify the affordable housing contribution in the SD-15 district. NOTE: This item was originally combined as one item with File ID 06-02044zt1. City ofMiami Page 31 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 06-02044zt - PAB Fact Sheet.pdf 06-02044zt - PAB Legislation.pdf 06-02044zt PAB Reso.PDF 06-02044zt CC Legislation (Version 2) - OLD.pdf 06-02044zt CC FR Fact Sheet 01-25-07.pdf 06-02044zt CC FR Fact Sheet 02-22-07.pdf 06-02044zt CC Legislation (Version 3).PDF 06-02044zt CC FR Fact Sheet 05-24-07.pdf 06-02044zt CC SR Fact Sheet.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioners Regalado and Spence -Jones absent, to continue items PZ.14 and PZ.15 for 30 days, to the City Commission meeting currently scheduled for October 25, 2007. PZ.15 06-02044zt1 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, BY AMENDING ARTICLE 6, SECTION 606, CONCERNING THE SD-6, SD-6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS IN ORDER TO PERMIT PUBLIC STORAGE FACILITIES LOCATED IN A BUILDING THAT IS 150 FEET OR LESS FROM A MAJOR INTERSTATE HIGHWAY AS ADAPTIVE RE -USE OF EXISTING BUILDINGS BY CLASS II SPECIAL PERMIT, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 15, 2006 by a vote of 5-0. See companion File ID 06-02044zt. PURPOSE: This will allow certain public storage facilities by Class II Special Permit in the SD-6 and SD-6.1 zoning districts. NOTE: This item was originally combined as one item with File ID 06-02044zt. 06-02044zt PAB Reso.pdf 06-02044zt1 CC Legislation (Version 1).PDF 06-02044zt1 CC FR Fact Sheet.pdf 06-02044zt1 CC SR Fact Sheet.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Chairman Gonzalez and Commissioner Spence -Jones absent, to continue items PZ.14 and PZ.15 for 30 days, to the City Commission meeting currently scheduled for October 25, 2007. PZ.16 07-00576zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 32 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR VETERINARY OFFICES IN THE "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 16, 2007 by a vote of 8-0. PURPOSE: This will allow veterinary offices in the SD-9 Biscayne Boulevard North Overlay District. 07-00576zt- PAB SD-9 Zoning Text Amendment -Veterinary office Supporting Doc..pdf 07-00576zt PAB Reso.PDF 07-00576zt CC Legislation (Version 2).pdf 07-00576zt CC FR Fact Sheet.pdf 07-00576zt CC SR Fact Sheet.pdf 12943 MOVED: SECONDED: Marc David Sarnoff Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.17 07-00751zt ORDINANCE Commissioner Gonzalez, Sarnoff and Sanchez Commissioner Regalado and Spence -Jones First 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 10, SECTION 10.5.2, IN ORDER TO MODIFY SIGN REGULATIONS FOR "PR" PARKS AND RECREATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on June 20, 2007 by a vote of 7-0. PURPOSE: This will modify sign regulations for the PR Parks and Recreation Districts. City ofMiami Page 33 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 07-00751zt Legislation SUB.pdf 07-00751zt-PAB Sign Regulation for PR -supporting documentation.pdf 07-00751zt PAB Reso.pdf 07-00751zt CC FR 07-26-07 Fact Sheet.pdf 07-00751zt CC FR 09-27-07 Fact Sheet.pdf MOVED: SECONDED: UNANIMOUS Joe Sanchez Michelle Spence -Jones Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.18 07-00939zt ORDINANCE First 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 6, SECTION 627 CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT IN ORDER TO PERMIT AT INTERSECTIONS RETAIL AND OFFICE USES IN MIXED -USE BUILDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at intersections of the SD-27 Midtown Miami Special District. 07-00939zt - PAB Item 2 backup informatiom.pdf 07-00939zt PAB Reso.PDF 07-00939zt CC Legislation.pdf 07-00939zt CC FR Fact Sheet.pdf MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be TABLED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones ABSENT: Commissioner Sanchez MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Tomas Regalado City ofMiami Page 34 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to determine if the City Commission's instructions regarding the parking at Midtown on April 22, 2004 were ever modified, amended, changed, or rejected in any subsequent hearing or document that would modify their direction. Direction by Chairman Gonzalez to the City Clerk to provide a copy of the verbatim transcript of the April 22, 2004 City Commission meeting regarding the Midtown discussion at said meeting. PZ.19 07-01013zt ORDINANCE First 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 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR MEDICAL AND DENTAL CLINICS AND OFFICES IN THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT BY CLASS II SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 5, 2007 by a vote of 9-0. PURPOSE: This will allow for medical and dental offices in the SD-9 Biscayne Boulevard North Overlay District by Class II Special District. Item #1-07-01013zt- PAB.pdf 07-01013zt PAB Reso.PDF 07-01013zt CC Legislation (Version 2).PDF 07-01013zt CC FR Fact Sheet.pdf NO ACTION TAKEN PZ.20 07-01014zt ORDINANCE First 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 9, SECTION 906.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS; CRITERIA, IN ORDER TO ALLOW FOR A SPECIAL EVENT VENDING SUBDISTRICT ALONG SW 8TH STREET BETWEEN SW 10TH AND 27TH AVENUES; ALLOWING FOR EXCEPTIONS BY CLASS I SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 35 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 APPLICANT(S): Pedro Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on September 5, 2007 by a vote of 9-0. PURPOSE: This will allow for a special event vending sub -district along SW 8th Street between SW 10th and 27th Avenues. Item #2-07-01014zt- PAB.pdf 07-01014zt PAB Reso.PDF 07-01014zt CC Legislation (Version 2).PDF 07-01014zt CC FR Fact Sheet.pdf MOVED: Joe Sanchez SECONDED: Michelle Spence -Jones UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PZ.21 06-02072Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST 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. LOCATION: Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1st Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 2, 2007 by a vote of 5-4. See companion File Ds 06-02072zc and 06-02072mu. PURPOSE: This will change the above properties to Restricted Commercial for the proposed Max Miami Major Use Special Permit. City ofMiami Page 36 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 06-020721u-PAB Supporting Documentation.pdf 06-020721u PAB Reso.PDF 06-020721u CC Land Use Map.pdf 06-020721u CC Aerial Map.pdf 06-020721u School Impact Review Analysis.pdf 06-020721u CC Application & Supporting Docs.pdf 06-020721u CC Legislation (Version 2).pdf 06-020721u Exhibit A.pdf 06-020721u CC FR Fact Sheet.pdf 06-020721u Submittal Articles.pdf 06-020721u Submittal Letters.pdf 06-020721u Submittal Resumes.pdf 06-020721u Submitted Max Miami.pdf 06-020721u CC SR Fact Sheet.pdf 06-020721u CC Legislation (Version 3).PDF 12945 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.22 06-02072zc ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones 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, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "C-2" LIBERAL COMMERCIAL TO "SD-6" CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1st Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on February 26, 2007 by a vote of 5-2. See companion File IDs 06-02072zc and 06-02072mu. PURPOSE: This will change the above properties to SD-6 Central Commercial -Residential Districts for the proposed Max Miami Major Use Special Permit. The applicant has proffered a covenant for these properties. City ofMiami Page 37 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PZ.23 06-02072m 06-02072zc Analysis - Modified.PDF 06-02072zc Analysis - OLD.PDF 06-02072zc Zoning Map.pdf 06-02072zc Aerial Map.pdf 06-02072zc Application & Supporting Docs.PDF 06-02072zc ZB 12-11-06 Fact Sheet.pdf 06-02072zc ZB 01-08-07 Fact Sheet.pdf 06-02072zc ZB 02-26-07 Fact Sheet.pdf 06-02072zc ZB Reso.PDF 06-02072zc CC Legislation (Version 2).pdf 06-02072zc Exhibit A.pdf 06-02072zc CC FR Fact Sheet.pdf 06-02072zc Submittal Articles.pdf 06-02072zc Submittal Letters.pdf 06-02072zc Submittal Resumes.pdf 06-02072zc Submitted Max Miami.pdf 06-02072zc CC SR Fact Sheet.pdf 12946 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones 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, FOR THE MAX MIAMI PROJECT TO BE LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A 31-STORY MIXED -USE TOWER APPROXIMATELY 400 FEET AND 4 INCHES IN HEIGHT; TO BE COMPRISED OF APPROXIMATELY 28 TOTAL RESIDENTIAL UNITS, 168 HOTEL ROOMS AND RECREATIONAL AMENITIES; APPROXIMATELY 38,210 SQUARE FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 50,264 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 250,000 SQUARE FEET OF OFFICE SPACE, APPROXIMATELY 65,543 SQUARE FEET OF HOTEL USE; AND APPROXIMATELY 1,139 TOTAL PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 38 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 LOCATION: Approximately 1603, 1611, 1615, 1621, 1631 NE Miami Place and 1604, 1622, 1630 NE 1st Avenue [Commissioner Marc Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prema, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADIVSORY BOARD: Recommended approval with conditions* to City Commission on May 2, 2007 by a vote of 9-0. See companion File Ds 06-020721u and 06-02072zc. *See supporting documentation. PURPOSE: This will allow the development of the Max Miami project. 06-02072mu-PAB Supporting Documentation.pdf 06-02072mu PAB Reso.PDF 06-02072mu CC Projects In the Vicinity.pdf 06-02072mu CC Legislation (Version 2).pdf 06-02072mu Exhibit A.pdf 06-02072mu Exhibit B.pdf 06-02072mu Outside Cover.PDF 06-02072mu Table of Contents.PDF 06-02072mu A. Letter of Intent.PDF 06-02072mu B. Application for MUSP, Comprehensive Plan & Rezoning.PDF 06-02072mu C. Zoning Write-up.PDF 06-02072mu D. Legal Description.PDF 06-02072mu E. Aerial.PDF 06-02072mu F. Zoning Atlas Page 23; Land Use Map.PDF 06-02072mu G. Project Data Sheet.PDF 06-02072mu H. Warranty Deed(s) and Tax Forms.PDF 06-02072mu I. Ownership List and Mailing Labels.PDF 06-02072mu J. State of Florida Corporate Documents.PDF 06-02072mu K. Directory of Project Principals.PDF 06-02072mu L. Project Description.PDF 06-02072mu M. Minority Construction Employment Plan.PDF 06-02072mu N. Sufficiency Letter and Traffic Impact Analysis.PDF 06-02072mu O. Site Utility Study.PDF 06-02072mu P. Economic Impact Study.PDF 06-02072mu Q. Site Plans for Property including Survey & Photos of Property.PDF 06-02072mu Environmental Impact Study.PDF R-07-0550 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 39 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 PZ.24 07-00641ha RESOLUTION TO BE DEFERRED BY ADMINISTRATION TO A DATE TO BE DETERMINED A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING WITH CONDITIONS THE APPEAL FILED BY JEANNE LIU, OWNER ("APPELLANT") AND AFFIRMING OR REVERSING THE CONDITIONS SET FORTH IN THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION ("HEP") BOARD, WHICH APPROVED A CERTIFICATE OF APPROPRIATENESS FOR THE INSTALLATION OF WINDOWS, AFTER THE FACT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5255 BISCAYNE BOULEVARD, WITHIN THE MIMO HISTORIC DISTRICT, MIAMI, FLORIDA; REMANDING THE CRITERIA FOR THE WINDOW INSTALLATION TO THE HEP BOARD CONSISTENT WITH THIS DECISION. LOCATION: Approximately 5255 Biscayne Boulevard [Commissioner Marc Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Jeanne Liu, Owner, on behalf of Best Value Inns of Miami, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with conditions* the Certificate of Appropriateness on May 1, 2007 by a vote of 6-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of windows. 07-00641ha Appeal Update with Photo.pdf 07-00641ha Appeal Letter.PDF 07-00641ha HEPB Fact Sheet.pdf 07-00641ha Zoning Map.pdf 07-00641ha Aerial Map.pdf 07-00641ha Application & Photos.PDF 07-00641ha HEPB Reso.pdf 07-00641ha Legislation (Version 2).pdf 07-00641ha Legislation (Version 3).pdf 07-00641ha CC 07-26-07 Fact Sheet.pdf 07-00641ha Submittal Photos -Jeanne Lui.pdf 07-00641ha CC 09-27-07 Fact Sheet.pdf DEFERRED A motion was made by Vice Chairman Sanchez, seconded by Commissioner Spence -Jones, and was passed unanimously, to defer item PZ.24 to the City Commission meeting currently scheduled for October 25, 2007. PZ.25 07-00792v RESOLUTION City ofMiami Page 40 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, ARTICLE 4, SECTION 401, "C-1" RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN LOT COVERAGE, SUBJECT TO ALL APPLICABLE CRITERIA, 46.6% PROPOSED, 40% ALLOWED; AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN HEIGHT SETBACK, SUBJECT TO ALL APPLICABLE CRITERIA, 69'11" PROPOSED HEIGHT (NGVD AT BEGINNING OF 63 DEGREE SLOPING PLAN FOR ADDITIONAL HEIGHT LIMITATION), 51'6" ALLOWED HEIGHT (NGVD AT TOP OF RIDGE), FOR THE PROPERTY LOCATED AT APPROXIMATELY 11 SOUTHWEST 59TH AVENUE, MIAMI, FLORIDA. 07-00792v Analysis.pdf 07-00792v Zoning Map.pdf 07-00792v Aerial Map.pdf 07-00792v Letter of Intent.pdf 07-00792v Application & Supporting Docs.pdf 07-00792v Zoning Write Up.pdf 07-00792v Plans.pdf 07-00792v ZB 07-30-07 Fact Sheet.pdf 07-00792v ZB Reso.PDF 07-00792v Appeal Letter.PDF 07-00792v CC Legislation (Version 3).pdf 07-00792v Exhibit A.pdf 07-00792v CC Legislation (Version 4).pdf 07-00792v Exhibit A.pdf 07-00792v CC Fact Sheet.pdf R-07-0551 MOVED: SECONDED: Tomas Regalado Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 41 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 CHAIRMAN ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 07-01167 DISCUSSION ITEM DISCUSSION REGARDING THE RIVERWALK ALONG S.W. MIAMI AVENUE ROAD, BETWEEN METRO -RAIL AND THE S. MIAMI AVENUE BRIDGE. 07-01167 Cover Email.pdf DISCUSSED D2.2 07-01169 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 03-205 IN ITS ENTIRETY; ESTABLISHING MINIMUM QUALIFICATIONS FOR PUBLISHING, ON AN AS -NEEDED ROTATIONAL BASIS, CITY OF MIAMI SUPPLEMENTAL OR COURTESY PUBLIC NOTICES IN COMMUNITY -BASED NEWSPAPERS; FURTHER AUTHORIZING THE CITY CLERK TO QUALIFY AND INCLUDE ADDITIONAL COMMUNITY -BASED NEWSPAPERS ON THE LIST WHEN DEEMED APPROPRIATE; FURTHER DIRECTING THE CITY CLERK TO SET FORTH CRITERIA FOR QUALIFICATIONS BASED ON CERTAIN CIRCULATION AND PUBLICATION INFORMATION; ALLOCATING FUNDS FROM THE BUDGETS OF INDIVIDUAL USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS. 07-01169 Legislation.pdf DEFERRED Note for the Record: The item was deferred to the City Commission meeting currently scheduled for October 11, 2007, as an item on the regular agenda. D2.3 07-01183 DISCUSSION ITEM DISCUSSION REGARDING FARMER'S MARKET AT LEGION PARK. 07-01183 Cover Email.pdf City ofMiami Page 42 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 DISCUSSED D2.4 07-01194 DISCUSSION ITEM DISCUSSION CLARIFYING THAT THE EX OFFICIO MEMBERS OF THE COCONUT GROVE BIC SUE MCCONNELL AND GAIL BALDWIN ARE NOW VOTING MEMBERS AND ALSO TO APPOINT ED PRELAZ AND DAVID YOBLICK TO THE COCONUT GROVE BIC. 07-01194 Cover Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: (D2.4) 07-01194a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Sue McConnell Commissioner Marc David Sarnoff Gail Baldwin Commissioner Marc David Sarnoff Ed Prelaz Commissioner Marc David Sarnoff David Yoblick Commissioner Marc David Sarnoff Monty Trainer Commissioner Marc David Sarnoff R-07-0569 MOVED: SECONDED: Marc David Sarnoff Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Sue McConnell and Gail Baldwin as voting members of the Coconut Grove Business Improvement Committee (BIC). A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Ed Prelaz, David Yoblick, and Monty Trainer as members of the Coconut Grove Business Improvement Committee (BIC). DISTRICT 3 City ofMiami Page 43 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 VICE CHAIRMAN JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 COMMISSIONER MICHELLE SPENCE-JONES City ofMiami Page 44 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 NON -AGENDA ITEMS NA.1 07-01234 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER, PURSUANT TO RESOLUTION NO. 04-0380, ADOPTED JUNE 10, 2004, RELATING TO THE CONVEYANCE OF THE PROPERTY LOCATED AT 1390 NORTHWEST 24 AVENUE, MIAMI, FLORIDA ("PROPERTY"), TO ALLAPATTAH COMMUNITY ACTION, INC., TO DEVELOP AN ELDERLY HOUSING FACILITY FOR VERY LOW, LOW AND/OR MODERATE INCOME FAMILIES AND/OR INDIVIDUALS, TO CONVEY THE PROPERTY DIRECTLY TO ALLAPATTAH COMMUNITY HOUSING II, INC., THE NOT -FOR -PROFIT ORGANIZATION CREATED BY ALLAPATTAH COMMUNITY ACTION INC. TO RECEIVE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 202 PROGRAM FUNDING AS CONTEMPLATED BY THE PURCHASE AND SALE AGREEMENT, DATED JUNE 29, 2004, ("AGREEMENT"), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A," SUCH CONVEYANCE TO BE SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL WARRANTY DEED IN SUBSTANTIALLY THE FORM OF EXHIBIT "B" ATTACHED, AND TO EXECUTE ALL OTHER DOCUMENTS THAT MAY BE NECESSARY FOR SUCH PURPOSE. 07-01234-Legisl ati on. pdf 07-01234-Exhibit A.pdf 07-01234-Exhibit B.pdf R-07-0541 MOVED: Joe Sanchez SECONDED: Marc David Sarnoff UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones NA.2 07-01247 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gene Meehan Commissioner Marc David Sarnoff R-07-0568 MOVED: SECONDED: Marc David Sarnoff Joe Sanchez City ofMiami Page 45 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Vice Chairman Sanchez, and was passed unanimously, with Commissioner Spence -Jones absent, to appoint Gene Meehan as a member of the Miami Sports and Exhibition Authority. NA.3 07-01235 RESOLUTION District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chairman Angel ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, Gonzalez FROM DISTRICT 1 OFFICE BUDGET, TO THE ALLAPATTAH COMMUNITY ACTION, INC., FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 1. R-07-0552 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: NA.4 07-01233 RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Chairman Angel ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $10,000, Gonzalez FROM DISTRICT 1 OFFICE BUDGET, TO THE ALLAPATTAH CHAMBER OF COMMERCE COMMUNITY SERVICES, INC., FOR PUBLIC SERVICES ACTIVITIES IN DISTRICT 1. NA.5 R-07-0553 MOVED: SECONDED: Angel Gonzalez Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: 07-01220 RESOLUTION Department of Public Facilities Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PERMIT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY (COUNTY"), FOR THE CITY OF MIAMI DEPARTMENT OF POLICE'S USE AND OCCUPANCY OF THE PROPERTY LOCATED AT 1701 NORTHWEST 30 AVENUE, MIAMI, FLORIDA, FOR A TERM OF ONE YEAR, WITH AN OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR TERM, COMMENCING UPON APPROVAL BY THE COUNTY MANAGER, WITH A TOTAL RENTAL FEE OF ONE DOLLAR ($1.00), FOR EACH YEAR, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY City ofMiami Page 46 Printed on 9/28/2007 City Commission Marked Agenda September 27, 2007 NA.6 SET FORTH IN SAID AGREEMENT. R-07-0554 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: 07-01244 RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 36-4(A) AND 36-5 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS RELATED TO THE LEVEL AND HOURS OF NOISE RESULTING FROM THE GIRL POWER, THE BLOCKO 2007 AND SOCAFEST 2K7 EVENTS, FROM OCTOBER 4, 2007 TO OCTOBER 6, 2007, AT METROPOLIS NIGHT CLUB LOCATED AT 950 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS STATED HEREIN. R-07-0555 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 47 Printed on 9/28/2007