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Home My WebLink AboutCC 2008-01-24 Marked AgendaCity of Miami Marked Agenda City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four 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, January 24, 2008 9:00 AM City Hall Commission Chambers Items may be heard in the numbered sequence or as announced by the Commission MV - MAYORAL VETOES PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS CONTENTS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Cite afill;arrrr Page 1 Printed on 1,25-'2008 City Commission Marked Agenda January 24, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 24th day of January 2008, 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 Chair Joe Sanchez at 9:08 a.m., recessed at 12:11 p.m., reconvened at 1:35 p.m., recessed at 8:04 p.m., reconvened at 8:07 p.m., and adjourned at 9:28 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers for the morning session at 9:18 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers for the afternoon session at 1:36 p.m. Jorge L. Fernandez, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk (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 PERSONAL APPEARANCE PA.1 08-00025 DISCUSSION ITEM REPRESENTATIVE(S) FROM MIAMI-DADE COUNTY WATER & SEWER DEPARTMENT (WASD), SOUTH FLORIDA WATER MANAGEMENT (SFWM) AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) TO ADDRESS THE CITY COMMISSION REGARDING THE CURRENT AND FUTURE SUPPLY OF WATER, WATER CONSUMPTION AND WATER REUSE. 08-00025 Personal Appearance Page.pdf DISCUSSED City ofMiami Page 2 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 PH.1 08-00019 RESOLUTION Department of Public Works PH.2 PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "OASIS ON BISCAYNE BAY," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00019 Legislation.pdf 08-00019 Exhibit.pdf 08-00019 Exhibit2.pdf 08-00019 Exhibit3.pdf 08-00019 Exhibit4.pdf 08-00019 Summary Form.pdf 08-00019 Memo.pdf 08-00019 Notice of Public Hearing.pdf 08-00019 Memo2.pdf 08-00019 Notice of Public Hearing2.pdf R-08-0048 MOVED: SECONDED: Angel Gonzalez Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: 07-01545 RESOLUTION Department of Public Works Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "UNIVERSITY OF MIAMI PAC CRB SITE," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. City ofMiami Page 3 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 07-01545 Legislation.pdf 07-01545 Exhibit.pdf 07-01545 Exhibit2.pdf 07-01545 Exhibit3.pdf 07-01545 Exhibit4.pdf 07-01545 Summary Form.pdf 07-01545 Memo.pdf 07-01545 Notice of Public Hearing.pdf 07-01545 Memo2.pdf R-08-0049 MOVED: SECONDED: Angel Gonzalez 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 4 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 ORDINANCES - FIRST READING FR.1 07-01175 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Marc David ENTITLED "STREET AND SIDEWALKS," BY AMENDING SECTION 54-1, TO Sarnoff ADD NEW DEFINITIONS; AMENDING SECTIONS 54-7 THROUGH 54-9 TO PROHIBIT PLACEMENT OF SIGNS IN THE PUBLIC RIGHT-OF-WAY; ESTABLISH CRITERIA FOR REBUTTABLE PRESUMPTIONS CONCERNING PLACEMENT OF SIGNS ON THE PUBLIC RIGHT-OF-WAY; CREATING NEW SECTIONS 54-9.1 THROUGH 54-9.3, TO PROVIDE FOR SEIZURE OF SIGNS FOR USE AS EVIDENCE AT PROSECUTION; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR CIVIL FINES AND PENALTIES FOR VIOLATIONS AND CREATING NEW SECTION 54-18 RELATING TO LIGHT POLE BANNERS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01175 Legislation.pdf MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: FR.2 07-00435b ORDINANCE Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Commissioner Gonzalez First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED Marc David ENTITLED "SOLID WASTE," AND CREATING NEW ARTICLE VIII, Sarnoff "HANDBILLS," SECTIONS 22-180 THROUGH 22-185, TO CREATE DEFINITIONS; ESTABLISH CRITERIA FOR REBUTTABLE PRESUMPTIONS CONCERNING LITTERING WITH COMMERCIAL HANDBILLS; PROVIDE FOR SEIZURE OF HANDBILLS FOR USE AS EVIDENCE AT PROSECUTION; PROVIDE FOR REMOVAL OF HANDBILLS AT VIOLATOR'S EXPENSE; PROVIDE FOR ENFORCEMENT AND PROVIDE FOR FINES AND PENALTIES FOR VIOLATIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00435b Legislation.pdf MOVED: Marc David Sarnoff SECONDED: Tomas Regalado UNANIMOUS Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 5 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 FR.3 07-01420 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 4, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL," TO Sarnoff RESTRICT THE HOURS IN THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WHEN ALCOHOLIC BEVERAGES MAY BE SOLD FROM, 5 A.M. TO 3 A.M. BY NIGHTCLUBS, SUPPER CLUBS, HOTELS, MOTELS AND APARTMENTS WITH 100 OR MORE GUESTROOMS; ANY OF THE PRECEDING ESTABLISHMENTS IN A RETAIL OR WATERFRONT SPECIALTY CENTER ON WEEKDAYS, INCLUDING SATURDAYS AND SUNDAYS; MORE PARTICULARLY BY AMENDING SECTION 4-3(a)(6) OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 07-01420 Legislation.pdf MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones City ofMiami Page 6 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 RESOLUTIONS RE.1 07-01538 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION TO THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL FUND , AS FINANCIAL SUPPORT FOR PROMOTING THE FIRST NATIONAL LAW ENFORCEMENT MUSEUM, IN AN AMOUNT NOT TO EXCEED $20,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 07-01538 Legislation.pdf 07-01538 Summary Form.pdf 07-01538 Letter.pdf 07-01538 Certification.pdf 07-01538 Letter2.pdf 07-01538 Affidavit.pdf R-08-0050 MOVED: Angel Gonzalez 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 RE.2 07-01554 RESOLUTION Liberty City A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Community LIBERTY CITY COMMUNITY REVITALIZATION TRUSTS ("TRUST'S") FIVE Revitalization Trust PERCENT SALARY INCREASE FOR ELAINE BLACK, PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE TRUST EFFECTIVE IMMEDIATELY, WITH OTHER TERMS AND CONDITIONS OF EMPLOYMENT AGREED UPON BY THE TRUST. 07-01554 Legislation.pdf 07-01554 Summary Form.pdf 07-01554 Resolution.pdf WITHDRAWN RE.3 08-00031 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO WAIVE PARK FEES AND TO PROVIDE PODIUM AND POLICE SERVICES ASSOCIATED WITH THE JOSE MARTI PARADE BEING HELD JANUARY 27, 2008, AT JOSE MARTI PARK, LOCATED AT 351 SOUTHWEST 4 STREET, MIAMI, FLORIDA. City ofMiami Page 7 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 SPONSORS:CHAIRMAN SANCHEZ COMMISSIONER GONZALEZ 08-00031 Legislation.pdf R-08-0051 MOVED: Angel Gonzalez 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 RE.4 08-00033 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH MCGLADREY & PULLEN, LLP, PURSUANT TO RESOLUTION NO. 07-0543, ADOPTED SEPTEMBER 27, 2007, FOR ADDITIONAL EXTERNAL AUDITING SERVICES, IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE FIRST YEAR OF THE PSA, FROM AN AMOUNT NOT TO EXCEED $380,000 TO AN AMOUNT NOT TO EXCEED $430,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $1,180,000 TO $1,230,000; AUTHORIZING THE CITY MANAGER TO AMEND THE PSA FOR ADDITIONAL SERVICES REQUIRED BY THE CITY OF MIAMI ("CITY") WITHOUT FURTHER CITY COMMISSION ACTION IN THE AMOUNT NOT TO EXCEED 10% OF THE TOTAL ANNUAL AMOUNT, FOR EACH OF THE RESPECTIVE YEARS OR IN THE AGGREGATE, WHICHEVER COMES FIRST, PURSUANT TO SAID RESOLUTION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA FOR EXTERNAL AUDITING SERVICES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, ALLOCATING FUNDS FROM THE DEPARTMENT OF FINANCE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.161000.532000, FOR SAID INCREASE. 08-00033 Legislation.pdf 08-00033 Exhibit.pdf 08-00033 Summary Form.pdf 08-00033 Text File Report.pdf 08-00033 Professional Services Agreement.pdf 08-00033 Attachment A.pdf 08-00033 Attachment B.pdf 08-00033 Attachment C.pdf 08-00033 Incumbency Certificate.pdf 08-00033 Certificate of Insurance.pdf R-08-0052 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 8 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to direct the City Attorney to file suit immediately against Rachlin Cohen & Holtz for breach of contract and to procure City records withheld by the firm; further directing the City Attorney and the Administration to follow up with a recommendation of the Audit Committee. RE.5 08-00054 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Joe Sanchez CITY ATTORNEY TO TAKE ALL LEGAL ACTION NECESSARY, INCLUDING INITIATING ANY AND ALL ACTION, IN LAW OR IN EQUITY, TO DECLARE THE CITY OF MIAMI'S AND THE DOWNTOWN DEVELOPMENT AUTHORITY'S RIGHTS AND RESPONSIBILITIES UNDER THE PROVISIONS OF THE TRIM BILL (CHAPTER 200, FLORIDA STATUTES). 08-00054 Legislation.pdf R-08-0046 MOVED: SECONDED: Angel Gonzalez Joe Sanchez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Spence -Jones NOES: Commissioner Sarnoff and Regalado City ofMiami Page 9 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 PART B The following item(s) shall not be considered before 10:00 am. PZ.1 07-00542ha RESOLUTION PZ.2 07-00783m u A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY GILBERTO PASTORIZA, ESQ., ON BEHALF OF JOSHUA GOLDBERG ("APPELLANT"), AND AFFIRMING A DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (" HEPB"), WHICH DESIGNATED THE LITTLE HOUSE IN YE LITTLE WOOD BUILDING, LOCATED AT APPROXIMATELY 3848 LITTLE AVENUE, LOT 19 ONLY, AS A HISTORIC SITE. 07-00542ha Appeal Letter.pdf 07-00542ha Appeal Update.pdf 07-00542ha Aerial Map.pdf 07-00542ha HEPB Reso.pdf 07-00542ha HEPB Vote Sheet.pdf 07-00542ha HEPB Submittals.pdf 07-00542ha HEPB Fact Sheet.pdf 07-00542ha City Attorney's Office Designation Opinion.pdf 07-00542ha Designation Report.pdf 07-00542ha Legislation (Version 2).pdf 07-00542ha Legislation (Version 3).pdf 07-00542ha 11-09-07 Fact Sheet.pdf 07-00542ha 01-24-08 Fact Sheet.pdf R-08-0045 MOVED: Marc David Sarnoff 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 Administration to distribute the design guidelines and fact sheets provided on the Historic Preservation Miami Web site to residents and neighborhood associations in historically designated neighborhoods in the City of Miami. 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 OFF BRICKELL PROJECT, TO BE LOCATED AT APPROXIMATELY WEST OF BRICKELL WAY ON SOUTHWEST FIRST AVENUE, SOUTH OF SOUTHWEST 13TH STREET (CORAL WAY) AND NORTH OF SOUTHWEST 15TH ROAD, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE PROJECT COMPRISED OF APPROXIMATELY 153 FEET, 8 INCHES IN HEIGHT WITH A TEN -STORY HOTEL TOWER WITH 213 HOTEL UNITS AND APPROXIMATELY 138,830 SQUARE FEET OF HOTEL FLOOR City ofMiami Page 10 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 AREA, A SEVEN -STORY OFFICE TOWER WITH APPROXIMATELY 128,807 SQUARE FEET OF OFFICE FLOOR AREA, AND TWO STORIES OF RETAIL WITH APPROXIMATELY 101,402 SQUARE FEET OF RETAIL FLOOR AREA; AND APPROXIMATELY 414 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. LOCATION: Approximately West of Brickell Way on SW First Avenue, South of SW 13th Street (Coral Way) and North of SW 15th Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Judith A. Burke, Esquire, on behalf of Coral Station Ltd. FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on December 5, 2007 by a vote of 8-0. ZONING BOARD: Recommended approval with conditions* of a Special Exception to City Commission on September 24, 2007 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Off Brickell project. City ofMiami Page 11 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 PAB - ITEM #4 - 07-00783mu-Off Brickell.pdf 07-00783mu Special Exception Fact Sheet.pdf 07-00783mu Special Exception Analysis.pdf 07-00783x ZB Reso.PDF 07-00783mu CC School Impact Review Analysis.pdf 07-00783mu PAB Reso.PDF 07-00783mu CC Legislation (Version 2).pdf 07-00783mu CC Fact Sheet.pdf 07-00783mu Outside Cover.pdf 07-00783mu Inside Cover.pdf 07-00783mu Table of Contents.pdf 07-00783mu Introduction.pdf 07-00783mu City of Miami Application for Major Use Special Permit.pdf 07-00783mu Legal Description.pdf 07-00783mu Special Permit Requests.pdf 07-00783mu Owner List.pdf 07-00783mu Disclosure of Ownership.pdf 07-00783mu Ownership Affidavit.pdf 07-00783mu Miami -Dade County Printout Property Deed.pdf 07-00783mu Ownership List.pdf 07-00783mu State of Florida Corporate Documents.pdf 07-00783mu City of Miami Zoning Atlas Map.pdf 07-00783mu City of Miami Future Land Use Map.pdf 07-00783mu Aerial Location Map.pdf 07-00783mu Project Principals.pdf 07-00783mu Project Data Sheet.pdf 07-00783mu Article II Project Description.pdf 07-00783mu Article III Supporting Documents.pdf 07-00783mu Survey of Property.pdf 07-00783mu Site Plan.pdf 07-00783mu Site Utility Study.PDF 07-00783mu Economic Impact Study.PDF 07-00783mu Architectural Drawings and Landcape.pdf 07-00783mu Traffic Impact Analysis.PDF R-08-0047 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.3 07-00789Iu ORDINANCE Commissioner Gonzalez, Sarnoff and Sanchez Commissioner Regalado and Spence -Jones 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.25± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 3624 NORTHWEST 23RD City ofMiami Page 12 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 COURT, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3624 NW 23rd Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Michael J. Snyder, Esquire, on behalf of Miami Autoland, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on July 18, 2007 by a vote of 6-0. See companion File ID 07-00789zc. PURPOSE: This will change the above property to General Commercial. 07-007891u - PAB Item 1 backup information.pdf 07-007891u PAB Reso.PDF 07-007891u CC Letter of Intent.pdf 07-007891u CC Application & Supporting Documents.pdf 07-007891u CC Legislation (Version 2).pdf 07-007891u Exhibit A.pdf 07-007891u CC FR Fact Sheet.pdf 07-007891u CC SR Fact Sheet.pdf 12960 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.4 07-00789zc ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 19, 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 "C-2" LIBERAL COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3624 NORTHWEST 23RD COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 13 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 3624 NW 23rd Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Michael J. Snyder, Esquire, on behalf of Miami Autoland, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on October 29, 2007 by a vote of 9-0. See companion File ID 07-007891u. PURPOSE: This will change the above property to C-2 Liberal Commercial. 07-00789zc Analysis.pdf 07-00789zc Zoning Map.pdf 07-00789zc Aerial Map.pdf 07-00789zc Application & Supporting Docs.pdf 07-00789zc ZB 09-24-07 Fact Sheet.pdf 07-00789zc ZB 10-29-07 Fact Sheet.pdf 07-00789zc ZB Reso.PDF 07-00789zc CC Letter of Intent.pdf 07-00789zc Legislation (Version 2).pdf 07-00789zc Exhibit A.pdf 07-00789zc CC FR Fact Sheet.pdf 07-00789zc CC SR Fact Sheet.pdf 12961 MOVED: SECONDED: Angel Gonzalez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.5 07-01152Iu ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.66± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 14 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 7300 NE 6th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Milano at Ocean Drive, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Passed a resolution on October 2, 2007 to support and encourage the adaptive use of the Historic Vagabond Motel. PLANNING ADVISORY BOARD: Recommended approval to City Commission on October 3, 2007 by a vote of 8-1. Also recommended to city boards, agencies and/or officials that 1) any or all use access from NE 6th Court be restricted (no loading or unloading), and 2) limit uses of adaptive reuse by a vote of 9-0. See companion File ID 07-01152zc. PURPOSE: This will change the above property to Restricted Commercial. Item # 5 PAB - 07-011521u.pdf 07-011521u PAB Reso.PDF 07-011521u & 07-01152zc HEPB Reso.pdf 07-011521u School Impact Review Analysis.pdf 07-011521u CC Application & Supporting Documents.pdf 07-011521u CC Legislation (Version 2).pdf 07-011521u & 07-01152zc Exhibit A.pdf 07-011521u CC FR Fact Sheet.pdf 07-011521u-Submittal-Applicable Land Use Policies of the City of Miami.pdf 07-011521u-Submittal-HEP Board Resolution 2007-52.pdf 07-011521u-Submittal-Support Letters..pdf 07-011521u CC SR Fact Sheet.pdf 12962 MOVED: SECONDED: Marc David Sarnoff Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: PZ.6 07-01152zc ORDINANCE Commissioner Gonzalez, Sarnoff and Sanchez Commissioner Regalado and Spence -Jones Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 9, 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 "C-1" RESTRICTED COMMERCIAL WITH AN "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 7300 NORTHEAST 6TH COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A City ofMiami Page 15 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 7300 NE 6th Court [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Milano at Ocean Drive, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Passed a resolution on October 2, 2007 to support and encourage the adaptive use of the Historic Vagabond Motel. ZONING BOARD: Recommended approval to City Commission on November 19, 2007 by a vote of 5-1. See companion File ID 07-011521u. PURPOSE: This will change the above property to C-1 Restricted Commercial with an SD-9 Biscayne Boulevard North Overlay District. 07-01152zc Analysis.PDF 07-01152zc Zoning Map.pdf 07-01152zc Aerial Map.pdf 07-01152zc Application & Supporting Docs.PDF 07-01152zc ZB 11-19-07 Fact Sheet.pdf 07-01152zc ZB Reso.PDF 07-011521u& 07-01152zc HEPB Reso.pdf 07-01152zc CC Legislation (Version 2).pdf 07-011521u & 07-01152zc Exhibit A.pdf 07-01152zc CC FR Fact Sheet.pdf 07-01152zc-Submittal-Applicable Land Use Policies of the City of Miami.pdf 07-01152zc-Submittal-HEP Board Resolution 2007-52.pdf 07-01152zc-Submittal-Support Letters.pdf 07-01152zc CC SR Fact Sheet.pdf 12963 MOVED: SECONDED: Angel Gonzalez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff and Sanchez ABSENT: Commissioner Regalado and Spence -Jones Note for the Record: The proffer recorded for Item PZ.6 does not constitute a modification to the ordinance. PZ.7 07-00790Iu 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY City ofMiami Page 16 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 CHANGING THE LAND USE DESIGNATION OF 0.54± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 5711 NORTHWEST 2ND STREET AND 212 & 220 NORTHWEST 57TH AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5711 NW 2nd Street and 212 & 220 NW 57th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire and Melissa Tapanes-Llahues, Esquire, on behalf of R&E at Red Road, Inc., Margo G.C., Inc. and Carlos and Minerva Cordero, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on July 18, 2007 by a vote of 4-2. See companion File ID 07-00790zc. PURPOSE: This will change the above properties to Restricted Commercial. 07-007901u - PAB Item 2 backup informatiom.pdf 07-007901u PAB Reso.PDF 07-007901u CC Application Supporting Documents.pdf 07-007901u CC Legislation (Version 2).pdf 07-007901u Exhibit A.pdf 07-007901u CC FR 11-09-07 Fact Sheet.pdf 07-007901u CC FR 12-13-07 Fact Sheet.pdf 07-007901u-Submittal-Support Signatures.pdf 07-007901u-Submittal-Declaration of Restrictive Covenants.pdf 07-007901 u-Submittal-Map. pdf 07-007901u CC SR 01-24-08 Fact Sheet.pdf 12964 MOVED: Tomas Regalado 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 PZ.8 07-00790zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 30, 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 "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5711 NORTHWEST 2ND STREET AND 212 & 220 NORTHWEST 57TH AVENUE, MIAMI, City ofMiami Page 17 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5711 NW 2nd Street and 212 & 220 NW 57th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire and Melissa Tapanes-Llahues, Esquire, on behalf of R&E at Red Road, Inc., Margo G.C., Inc. and Carlos and Minerva Cordero, Owners FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on September 24, 2007 by a vote of 5-4. See companion File ID 07-007901u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. 07-00790zc Analysis.pdf 07-00790zc Zoning Map.pdf 07-00790zc Aerial Map.pdf 07-00790zc Application & Supporting Docs.pdf 07-00790zc ZB 09-24-07 Fact Sheet.pdf 07-00790zc ZB Reso.PDF 07-00790zc CC Legislation (Version 2).pdf 07-00790zc Exhibit A.pdf 07-00790zc CC FR 11-09-07 Fact Sheet.pdf 07-00790zc CC FR 12-13-07 Fact Sheet.pdf 07-00790zc-Submittal-Support Signatures.pdf 07-00790zc-Submittal-Declaration of Restrictive Covenants.pdf 07-00790zc-Submittal-Map. pdf 07-00790zc CC SR 01-24-08 Fact Sheet.pdf 12965 MOVED: Tomas Regalado 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 PZ.9 07-01180 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY ADDING A NEW EDUCATIONAL ELEMENT AND AMENDING AND ADDING CERTAIN POLICIES TO THE INTER -GOVERNMENTAL COORDINATION AND THE CAPITAL IMPROVEMENT ELEMENTS IN ORDER TO INCORPORATE LANGUAGE TO REFLECT A NEW FLORIDA STATUTORY MANDATE TO IMPLEMENT PUBLIC SCHOOL CONCURRENCY; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; INCORPORATE City ofMiami Page 18 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 THE REPORT ON "RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) OBJECTIONS, RECOMMENDATIONS AND COMMENTS (ORC) REPORT OF JANUARY 4, 2008": CONTAINING A REPEALER PROVISION AND 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 October 3, 2007 by a vote of 8-1. See companion File ID 07-01182. PURPOSE: This will incorporate new language to reflect a new Florida statutory mandate to implement public school concurrency. 07-01180 PAB 09-19-07 MCNP Amendments for SB Concurrency- Backup Info.pdf 07-01180 PAB 10-03-07 Item #1 - 07-01180.pdf 07-01180 PAB Reso.PDF 07-01180 Public School Concurrency Presentation.pdf 07-01180 CC Legislation (Version 2).pdf 07-01180 Exhibit A to Legislation (Version 2).pdf 07-01180 CC FR Fact Sheet.pdf 07-01180-Submittal-Public School Concurrency Presentation. pdf 07-01180 City's Response to DCA's Comments.pdf 07-01180 CC SR Fact Sheet.pdf 07-01180 CC Legislation (Version 3).PDF 07-01180 Exhibit A to Legislation (Version 3).pdf 12966 MOVED: Angel Gonzalez 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 PZ.10 07-00391Iu ORDINANCE First 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.40± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 19 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 1252, 1262 and 1272 SW 21 st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on April 4, 2007 by a vote of 9-0. See companion File ID 07-00391zc. PURPOSE: This will change the above properties to Restricted Commercial. 07-003911u-PAB Supporting Documentation.pdf 07-003911u CC Land Use Map.pdf 07-003911u Aerial Map.pdf 07-003911u PAB Reso.PDF 07-003911u CC Application Supporting Documents.pdf 07-003911u CC Legislation (Version 2) - OLD.pdf 07-003911u & 07-00391zc Exhibit A.pdf 07-003911u CC FR 10-25-07 Fact Sheet.pdf 07-003911u Legislation (Version 2) - NEW.PDF 07-003911u CC FR 12-13-07 Fact Sheet.pdf 07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf 07-003911u CC FR 01-24-08 Fact Sheet.pdf MOVED: SECONDED: Joe Sanchez Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: PZ.11 07-00391zc ORDINANCE Commissioner Gonzalez, Sanchez and Regalado Commissioner Sarnoff and Spence -Jones First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 38, 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-1" SINGLE-FAMILY RESIDENTIAL WITH AN "SD-12" BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1252, 1262 AND 1272 SOUTHWEST 21 ST TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 20 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 1252, 1262 and 1272 SW 21 st Terrace [Commissioner Joe Sanchez - District 3] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Ive Group One, LLC FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on May 14, 2007 by a vote of 9-0. See companion File ID 07-003911u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. 07-00391zc ZB Analysis.PDF 07-00391zc ZB Zoning Map.pdf 07-00391zc Aerial Map.pdf 07-00391zc Application & Supporting Docs.PDF 07-00391zc ZB 05-14-07 Fact Sheet.pdf 07-00391zc CC Analysis.PDF 07-00391zc ZB Reso.PDF 07-00391zc CC Zoning Map.pdf 07-00391zc CC Legislation (Version 2).pdf 07-003911u & 07-00391zc Exhibit A.pdf 07-00391zc CC FR 10-25-07 Fact Sheet.pdf 07-00391zc CC FR 12-13-07 Fact Sheet.pdf 07-003911u & 07-00391zc Disclosure to Support or Withhold Objection.pdf 07-00391zc CC FR 01-24-08 Fact Sheet.pdf MOVED: SECONDED: Joe Sanchez Tomas Regalado Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: PZ.12 07-00795zc ORDINANCE Commissioner Gonzalez, Sanchez and Regalado Commissioner Sarnoff and Spence -Jones First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 36, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT TO "SD-16.2" SOUTHEAST OVERTOWN-PARK WEST COMMERCIAL -RESIDENTIAL DISTRICT WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF 4.6, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 525 AND 533 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 21 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 525 and 533 NW 2nd Avenue [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Urbana Holdings, LLLP FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on July 30, 2007 by a vote of 5-2. PURPOSE: This will change the above properties to SD-16.2 Southeast Overtown-Park West Commercial -Residential District with an SD-19 Designated F.A.R. Overlay District, F.A.R. of 4.6. 07-00795zc Analysis.pdf 07-00795zc Zoning Map.pdf 07-00795zc Aerial Map.pdf 07-00795zc Application & Supporting Docs.pdf 07-00795zc ZB 07-30-07 Fact Sheet.pdf 07-00795zc ZB Reso.PDF 07-00795zc CC Legislation (Version 2).pdf 07-00795zc Exhibit A.pdf 07-00795zc CC FR 10-25-07 Fact Sheet.pdf 07-00795zc CC FR 11-09-07 Fact Sheet.pdf 07-00795zc CC FR 12-13-07 Fact Sheet.pdf 07-00795zc CC FR 01-24-08 Fact Sheet.pdf MOVED: Tomas Regalado SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: PZ.13 06-01641zc ORDINANCE 1 Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 37, 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 "0" OFFICE WITH AN "SD-19" DESIGNATED F.A.R. OVERLAY DISTRICT, F.A.R. OF .5 TO "0" OFFICE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2660 BRICKELL AVENUE AND 2640 SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 22 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 2660 Brickell Avenue and 2640 S Dixie Highway [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Holly Real Estate, Inc, Contract Purchaser and Sandra C. Tinsley, Owner FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on October 29, 2007 by a vote of 8-1. PURPOSE: This will change the above properties to 0 Office. The applicant has proffered a covenant for these properties. 06-01641zc1 ZB Analysis.PDF 06-01641zc1 ZB Zoning Map.pdf 06-01641zc1 ZB Aerial Map.pdf 06-01641zc1 Application & Supporting Docs.PDF 06-01641zc1 ZB 10-29-07 Fact Sheet.pdf 06-01641zc1 ZB Reso.PDF 06-01641zc1 CC Analysis.pdf 06-01641zc1 CC Zoning Map.pdf 06-01641zc1 CC Aerial Map.pdf 06-01641zc1 CC Legislation (Version 2).pdf 06-01641zc1 Exhibit A.pdf 06-01641zc1 CC FR Fact Sheet.pdf MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be DEFERRED PASSED by the following vote. AYES: ABSENT: PZ.14 07-010241u ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Commissioner Spence -Jones First 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 1.7± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 70 NORTHWEST 36TH COURT, 64-66 NORTHWEST 36TH COURT, 3665-69-71-73 NORTHWEST FLAGLER TERRACE, 3670-72 NORTHWEST 1ST STREET, AND 58 NORTHWEST 36TH COURT, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 23 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 70 NW 36th Court, 64-66 NW 36th Court, 3665-69-71-73 NW Flagler Terrace, 3670-72 NW 1st Street, and 58 NW 36th Court [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Jorge Cruz Gomez and Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, The Amended and Restated Elizabeth Anton-LaRossa Revocable Trust, Lago Capital Investments, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on October 3, 2007 by a vote of 8-1. See companion File ID 07-01024zc. PURPOSE: This will change the above properties to Restricted Commercial. Item #4 PAB - 07-010241u -.pdf 07-010241u PAB Reso.pdf 07-010241u CC Analysis.pdf 07-010241u CC Application & Supporting Documents.pdf 07-010241u School Board Analysis.pdf 07-010241u CC Legislation (Version 2).pdf 07-010241u & 07-01024zc CC ExhibitA.pdf 07-010241u CC FR Fact Sheet.pdf MOVED: SECONDED: Angel Gonzalez Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: PZ.15 07-01024zc ORDINANCE Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 33, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 58, 64, 66, 70 NORTHWEST 36TH COURT, 3665, 3669, 3671, 3673 NORTHWEST FLAGLER TERRACE AND 3670, 3672 NORTHWEST 1ST STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 58, 64, 66, 70 NW 36th Court, 3665, 3669, 3671, 3673 NW Flagler Terrace and 3670, 3672 NW 1st Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Jorge Cruz Gomez and Maria D. Cabrera, The Eldy Maza Pick Revocable Living Trust, The Amended and Restated Elizabeth Anton-LaRossa Revocable Trust, Lago Capital Investments, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on November 19, 2007 by a vote of 5-0. See companion File ID 07-010241u. PURPOSE: This will change the above properties to C-1 Restricted Commercial. The applicant has proffered a covenant for these properties. 07-01024zc ZB Analysis (OLD).PDF 07-01024zc ZB Analysis (NEW).PDF 07-01024zc Zoning Map.pdf 07-01024zc Aerial Map.pdf 07-01024zc Letter of Intent.PDF 07-01024zc Application & Supporting Docs.PDF 07-01024zc ZB 11-19-07 Fact Sheet.pdf 07-01024zc ZB Reso.PDF 07-01024zc CC Analysis.pdf 07-01024zc CC Legislation (Version 2).pdf 07-010241u & 07-01024zc CC ExhibitA.pdf 07-01024zc CC FR Fact Sheet.pdf MOVED: SECONDED: Angel Gonzalez Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: PZ.16 07-00796x RESOLUTION Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Commissioner Regalado 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 6, SECTION 602.4, PERMITTED PRINCIPAL USES AND STRUCTURES, TO ALLOW A SUPPER CLUB AS PER "C-1 ", SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3015 GRAND AVENUE, #320 AND #410, MIAMI, FLORIDA. City ofMiami Page 25 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 07-00796x Analysis.PDF 07-00796x Zoning Map.pdf 07-00796x Aerial Map.pdf 07-00796x Letter of Intent.pdf 07-00796x Application & Supporting Docs.pdf 07-00796x Plans with OLD Zoning Write-Up.pdf 07-00796x ZB 07-09-07 Fact Sheet.pdf 07-00796x ZB Reso.pdf 07-00796x Appeal Letter.PDF 07-00796x Zoning Write -Up - NEW.PDF 07-00796x CC Legislation (Version 3).pdf 07-00796x CC Legislation (Version 4).pdf 07-00796x Exhibit A.pdf 07-00796x CC 12-13-07 Fact Sheet.pdf 07-00796x CC 01-24-08 Fact Sheet.pdf MOVED: Marc David Sarnoff SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado ABSENT: Commissioner Spence -Jones Direction by Commissioner Sarnoff to the Administration and the City Attorney to review the discussion on Item PZ.16, investigate the allegations made by residents regarding CocoWalk, and take any action necessary if said allegations prove true. PZ.17 07-01386ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY ANTHONY RUBINO, ON BEHALF OF SERP & SERP INVESTMENTS ("APPELLANT") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED THE APPEAL OF A DECISION OF THE DEPARTMENT OF PUBLIC WORKS CONCERNING THE DENIAL OF AN APPLICATION FOR A TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2840 SHIPPING AVENUE. City ofMiami Page 26 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 LOCATION: Approximately 2840 Shipping Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Anthony Rubino, Managing Member, on behalf of Serp & Serp Investments FINDINGS: PLANNING DEPARTMENT: Recommended approval of the Historic and Environmental Preservation Board decision and approval of the decision of the Department of Public Works. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied the appeal and upheld the decision of the Department of Public Works, which denied an application for Tree Removal Permit on November 6, 2007 by a vote of 7-0. PURPOSE: The approval of this appeal will allow the removal of an oak tree located in the middle of the above property. 07-01386ha Appeal Update.pdf 07-01386ha CC Appeal Letter.pdf 07-01386ha Aerial Map.pdf 07-01386ha HEPB Reso.pdf 07-01386ha HEPB Submittal Photo.pdf 07-01386ha HEPB Fact Sheet.pdf 07-01386ha Public Works Letter.pdf 07-01386ha HEPB Appeal & Supporting Materials.pdf 07-01386ha Legislation (Version 2).pdf 07-01386ha Legislation (Version 3).pdf 07-01386ha Fact Sheet.pdf R-08-0054 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff and Regalado NOES: Commissioner Sanchez ABSENT: Commissioner Gonzalez and Spence -Jones PZ.18 07-01465ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING WITH CONDITIONS THE APPEAL FILED BY LUCIA A. DOUGHERTY, ON BEHALF OF DAVID WALLACK, OWNER ("APPELLANT") AND AFFIRMING OR REVERSING THE CONDITIONS SET FORTH IN THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH APPROVED WITH CONDITIONS A CERTIFICATE OF APPROPRIATENESS FOR THE AFTER -THE -FACT INSTALLATION OF A METAL GATE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5725 NORTH BAYSHORE DRIVE, WITHIN THE MORNINGSIDE HISTORIC DISTRICT, MIAMI, FLORIDA; REMANDING THE CRITERIA FOR THE METAL City ofMiami Page 27 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 GATE INSTALLATION TO THE HEPB CONSISTENT WITH THIS DECISION. LOCATION: Approximately 5725 N Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of David Wallack, Owner 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 November 6, 2007 by a vote of 6-1. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of a metal gate. 07-01465ha Appeal Update.pdf 07-01465ha CC Appeal Letter.pdf 07-01465ha Aerial Map.pdf 07-01465ha HEPB Reso.pdf 07-01465ha HEPB Fact Sheet.pdf 07-01465ha Application & Supporting Documents.pdf 07-01465ha Legislation (Version 2).pdf 07-01465ha Legislation (Version 3).pdf 07-01465ha Fact Sheet.pdf R-08-0055 MOVED: SECONDED: Marc David Sarnoff Tomas Regalado Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Sarnoff, Sanchez and Regalado ABSENT: Commissioner Gonzalez and Spence -Jones City ofMiami Page 28 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISTRICT 3 CHAIR JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00036 DISCUSSION ITEM DISCUSSION CONCERNING THE POWERS OF THE CIVILIAN INVESTIGATIVE PANEL AND THE POSSIBLE LITIGATION BY THE CITY OF MIAMI. 08-00036 Memo.pdf DISCUSSED DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES City ofMiami Page 29 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 NON -AGENDA ITEMS NA.1 08-00104 DISCUSSION ITEM NA.2 08-00105 DISCUSSION REGARDING THE UNTIMELY DEATH OF FORMER CITY ATTORNEY A. QUINN JONES. DISCUSSED DISCUSSION ITEM CHAIR SANCHEZ RECOGNIZED THE ATTENDANCE OF DISTRICT 13 COUNTY COMMISSIONER NATACHA SEIJAS AT TODAY'S MEETING. DISCUSSED NA.3 08-00106 DISCUSSION ITEM DISCUSSION REGARDING THE CANCELLATION OF THE EXECUTIVE SESSION SCHEDULED FOR TODAY, THURSDAY, JANUARY 24, 2008, AT 1:30 P.M. DISCUSSED NA.4 08-00062 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN THE LAW FIRMS OF LYONS AND SMITH, P.A., GRAY ROBINSON, P.A., SQUIRE SANDERS AND DEMPSEY, AKERMAN SENTERFITT AND TWO OTHER FIRMS YET TO BE DETERMINED, TO PROVIDE SPECIAL COUNSEL SERVICES TO THE CITY OF MIAMI ("CITY") ON AN AS -NEEDED BASIS IN CONNECTION WITH THE VARIOUS AGREEMENTS AND PROJECTS CONTEMPLATED UNDER THE INTERLOCAL AGREEMENT BETWEEN THE CITY, MIAMI-DADE COUNTY, SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND OMNI CRA; SAID FIRMS TO BE COMPENSATED IN AN AMOUNT TO BE NEGOTIATED BY THE CITY ATTORNEY AND REQUIRING THE CITY ATTORNEY TO PROVIDE MONTHLY REPORTS TO THE CITY COMMISSION OF ALL FEES AND COSTS ASSOCIATED WITH THE ENGAGEMENT OF SPECIAL COUNSEL AS AUTHORIZED HEREIN; WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.531010.0000.00000. R-08-0056 MOVED: SECONDED: Joe Sanchez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner Sarnoff and Sanchez NOES: Commissioner Regalado ABSENT: Commissioner Gonzalez and Spence -Jones City ofMiami Page 30 Printed on 1/25/2008 City Commission Marked Agenda January 24, 2008 City ofMiami Page 31 Printed on 1/25/2008