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HomeMy WebLinkAboutCC 2008-02-28 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, February 28, 2008 9:00 AM PLANNING AND ZONING City Hall Commission Chambers 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 Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda February 28, 2008 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD City ofMiami Page 2 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the city commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the city commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 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.3 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS 10:30 AM - Transfer Funds - Urban Empowerment Corp. SR - SECOND READING ORDINANCES RE - RESOLUTIONS 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 City ofMiami Page 4 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of January 24, 2008 City ofMiami Page 5 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.3 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.3 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken. CA.1 08-00143 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Management Trust RECEIVED DECEMBER 10, 2007, PURSUANT TO INVITATION FOR BIDS NO. 70032, FROM REXEL, INC., FOR THE BAYFRONT PARK MANAGEMENT TRUST LIGHTING PROJECT, IN AN AMOUNT NOT TO EXCEED $118,014.88; ALLOCATING FUNDS FROM THE 2007-2008 BAYFRONT PARK MANAGEMENT TRUST CAPITAL IMPROVEMENT BUDGET. 08-00143 Legislation.pdf 08-00143 Legislation.pdf 08-00143 Memo.pdf 08-00143 Quotes.pdf 08-00143 Approval Agenda.pdf 08-00143 Invitation for Bid.pdf CA.2 08-00144 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Parks and BIDS RECEIVED NOVEMBER 7, 2007, PURSUANT TO INVITATION FOR Recreation BIDS NO. 53028,1, FROM RECREONICS, INC., AND WATER SAFETY PRODUCTS, INC., FOR THE PURCHASE OF POOL EQUIPMENT AND ACCESSORIES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR POOLS CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00144 Legislation.pdf 08-00144 Summary Form.pdf 08-00144 Award Recommendation.pdf 08-00144 Tabulation of Bids.pdf 08-00144 Certification of Statement.pdf 08-00144 Quote.pdf 08-00144 Quote2.pdf 08-00144 Quote3.pdf 08-00144 Invitation for Bid.pdf City ofMiami Page 6 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 CA.3 08-00145 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing BIDS RECEIVED JANUARY 2, 2008, PURSUANT TO INVITATION FOR BIDS NO. 66044, FROM TRI-STATE EMPLOYMENT SERVICES, INC., A1A EMPLOYMENT SERVICE, INC., AND WESTSTAFF (USA), INC., FOR THE PROVISION OF TEMPORARY PERSONNEL SERVICES, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS, TO BE UTILIZED CITYWIDE, ON AN AS -NEEDED CONTRACT BASIS, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00145 Legislation.pdf 08-00145 Summary Form.pdf 08-00145 Award Recommendation.pdf 08-00145 Tabulation of Bids.pdf 08-00145 Invitation for Bid.pdf 08-00145 Attachment A.pdf END OF CONSENT AGENDA City ofMiami Page 7 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PUBLIC HEARINGS PH.1 08-00147 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE CRYSTAL REPORTS XI R2 WINDOWS CPU LICENSE AND MAINTENANCE SUPPORT, FROM BUSINESS OBJECTS AMERICAS, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT NOT TO EXCEED $33,600; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191551.554000.0000. 08-00147 Legislation.pdf 08-00147 Summary Form.pdf 08-00147 Memo.pdf 08-00147 Memo2.pdf 08-00147 Memo3.pdf 08-00147 Notice to Public.pdf 08-00147 Quotation.pdf 08-00147 Letter.pdf 08-00147 E-mail.pdf 08-00147 E-mail2.pdf PH.2 08-00156A RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE THE REQUIREMENTS FOR COMPETITIVE BID PROCEDURES PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE") IN SECTIONS 18-85, 18-87, 18-90 AND UNDER FLORIDA STATUTES SECTION 287.055; AUTHORIZING AN INCREASE IN THE AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED ONE HUNDRED AND FORTY-FIVE THOUSAND DOLLARS ($145,000) TO THE PREVIOUSLY AUTHORIZED AMOUNT OF SEVEN HUNDRED AND SEVENTY FIVE THOUSAND DOLLARS ($775,000) FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH EDWARD D. STONE, JR. AND ASSOCIATES, INC. D/B/A EDSA FOR WORK REQUIRED FOR MASTER PLANNING SERVICES FOR THE VIRGINIA KEY PROJECT AND FOR PLANNING ALTERNATIVES FOR THE HISTORIC VIRGINIA KEY BEACH PARK LAND AREA AND PROPOSED MUSEUM, INCREASING THE NEW TOTAL AUTHORIZED AGREEMENT AMOUNT NOT TO EXCEED NINE HUNDRED AND TWENTY THOUSAND DOLLARS ($920,000), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID City ofMiami Page 8 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PURPOSE AND TO REINSTATE, EXTEND, CONTINUE AND AMEND THE AGREEMENT THROUGH SEPTEMBER 30, 2008, WITH FUNDING TO BE APPROPRIATED FROM PLANNING ACCOUNT NO. 00001.351000.531000.0000. 08-00156a Legislation.pdf 08-00156a Exhibit. pdf 08-00156a Summary Form. pdf 08-00156a Memo.pdf 08-00156a Memo2.pdf 08-00156a Notice to Public. pdf 08-00156a Agreement.pdf 08-00156a Request for Qualifications.pdf 08-00156a Addenduml.pdf 08-00156a Scope of Services.pdf 08-00156a Bylaws.pdf 08-00156a Minutes.pdf 08-00156a Stock Agreement. pdf 08-00156a Exhibit B.pdf 08-00156a Text File Report.pdf 08-00156a Text File Report2.pdf 08-00156a Text File Report3.pdf 08-00156a Competitive Bidding.pdf 08-00156a Florida Statues.pdf City ofMiami Page 9 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 10:30 A.M. PH.3 08-00149 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ALLOCATING FUNDS, IN THE AMOUNT OF $167,000, Development FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE TO URBAN EMPOWERMENT CORPORATION, TO PROVIDE TECHNICAL ASSISTANCE TO FOR -PROFIT BUSINESSES TO CREATE JOBS FOR LOW TO MODERATE INCOME INDIVIDUALS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY FOR SAID PURPOSE. 08-00149 Legislation.pdf 08-00149 Exhibit.pdf 08-00149 Exhibit2.pdf 08-00149 Exhibit3.pdf 08-00149 Exhibit4.pdf 08-00149 Summary Form.pdf 08-00149 Public Notice.pdf 08-00149 Pre-Legislation.pdf 08-00149 Attachment A.pdf 08-00149 District 2 Funding.pdf 08-00149 Code of Regulations.pdf 08-00149 Pre-Legislation2.pdf 08-00149 Exhibit A.pdf City ofMiami Page 10 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 ORDINANCE - SECOND READING Note: Any proposed ordinance listed as an item for second reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. SR.1 07-01279 ORDINANCE SECOND READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "MOTOR VEHICLES AND TRAFFIC," BY CREATING ARTICLE X, ENTITLED, "DANGEROUS INTERSECTION SAFETY," PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT INFRACTIONS, AND FOR RELATED PROCEDURES AND PROVISIONS; FURTHER AMENDING CHAPTER 2, ARTICLE X, SECTION 2-829, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO FACILITATE USE OF CODE ENFORCEMENT MECHANISM FOR DANGEROUS INTERSECTION SAFETY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-01279 Legislation FR/SR.pdf 07-01279 Exhibit FR/SR.pdf DATE: OCTOBER 25, 2007 MOVER: COMMISSIONER SARNOFF SECONDER: COMMISSIONER SPENCE-JONES VOTE: AYES: 5 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ, REGALADO AND SPENCE-JONES ACTION: PASSED ON FIRST READING City ofMiami Page 11 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 RESOLUTIONS RE.1 08-00150 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Waste APPROVAL OF THE REIMBURSEMENT OF FUNDS, WHICH WERE PAID TO THE CITY OF MIAMI ("CITY") IN ERROR, FOR MISCODED ACCOUNTS PER THE CITY'S NON-EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT, IN THE AMOUNT OF $92,762.73, TO ALLIED WASTE INDUSTRIES, INC.;STIPULATING THAT SAID AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 04001.213000.549000. 08-00150 Legislation.pdf 08-00150 Summary Form.pdf 08-00150 Letter.pdf 08-00150 Letter2.pdf 08-00150 Audit.pdf RE.2 08-00167 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Attorney PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $500,000, IN SETTLEMENT OF THE CITY OF MIAMI'S CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. CONE CONSTRUCTORS, INC. AND AMERICAN HOME ASSURANCE COMPANY IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 03-18622 CA (08), PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT; AND DIRECTING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 08-00167 Legislation.pdf 08-00167 Cover Memo.pdf RE.3 08-00175 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY XIOMARA QUINONES, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $75,000 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 XIOMARA QUINONES VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 07-23005 CA (10), 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. 08-00175 Legislation.pdf 08-00175 Memo.pdf 08-00175 Memo2.pdf City ofMiami Page 12 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 RE.4 08-00184 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT AND KISSANE, P.A., TO PROVIDE SPECIAL COUNSEL SERVICES TO FORMER CITY MANAGERS HOWARD V. GARY, CESAR H. ODIO, AND DONALD WARSHAW, IN THE CASE OF JERRY FRANK TOWNSEND, ET AL V. CITY OF MIAMI, ET AL., CASE NO. 03-21072-CIV-JORDAN, AND REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A MONTHLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 08-00184 Legislation.pdf 08-00184 Cover Memo.pdf RE.5 08-00194 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Commissioner DONATION OF A FENCE, AT AN ESTIMATED FAIR MARKET VALUE OF Marc David Sarnoff $14,500, FROM BERIMBAU INVESTMENTS, PLACED AT THE GROVE HERITAGE GARDEN PARK, IN THE CITY OF MIAMI, FLORIDA. 08-00194 Legislation.pdf 08-00194 Cover Memo.pdf RE.6 08-00118A RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Commissioner MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE Marc David Sarnoff RE-ENACTMENT OF THE FEDERAL ASSAULT WEAPONS BAN AS PROPOSED IN HOUSE RESOLUTION 1022 SPONSORED BY REPRESENTATIVE CAROLYN MCCARTHY OF NEW YORK (ASSAULT WEAPONS BAN AND LAW ENFORCEMENT PROTECTION ACT OF 2007); DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 08-00118a Legislation.pdf City ofMiami Page 13 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PART B The following item(s) shall not be considered before 10:00 am. PZ.1 07-00513mu 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 EMPIRE WORLD TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 300 AND 330 BISCAYNE BOULEVARD, 227, 237, 243, 249 NORTHEAST 3RD STREET AND 230, 249 NORTHEAST 4TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE PROJECT WITH TWO 93-STORY HIGH STRUCTURES OF APPROXIMATELY 1,022 FEET TO BE COMPRISED OF APPROXIMATELY 1,557 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 3,317 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 24,741 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,321 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 300 and 330 Biscayne Boulevard, 227, 237, 243, 249 NE 3rd Street and 230, 249 NE 4th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): N. Patrick Range, III, Esquire, on behalf of Empire World Towers, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 16, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the development of the Empire World Towers project. City ofMiami Page 14 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PAB - ITEM #3 - 07-00513mu-EWT.pdf 07-00513mu - PAB - EWT- PFS.pdf 07-00513mu - ITEM #2 - PAB-01.16.08.pdf 07-00513mu PAB Reso.PDF 07-00513mu Outside Cover.PDF 07-00513mu Inside Cover.PDF 07-00513mu Table of Contents.PDF 07-00513mu Article I. Project Information.PDF 07-00513mu I.A. Letter of Intent.PDF 07-00513mu I.B. Major Use Special Permit.PDF 07-00513mu I.C. Zoning Write-Up.PDF 07-00513mu I.D. Zoning Atlas -Land Use.PDF 07-00513mu I.E. Project Data Sheet.PDF 07-00513mu I.F. Deed-Computer.PDF 07-00513mu I.G. Ownership List.PDF 07-00513mu I.H. State of Florida Documents.PDF 07-00513mu I.I. Directory of Project Principals.PDF 07-00513mu Article II. Project Description.PDF 07-00513mu Article III. Supporting Documents.PDF 07-00513mu III. Tab 1.Minority Construction Employment Plan.PDF 07-00513mu III. Tab 2.Traffic Impact Analysis.PDF 07-00513mu III. Tab 3.Site Utility Study.PDF 07-00513mu III. Tab 4.Economic Impact Study.PDF 07-00513mu III. Tab 5.Survey of Property.PDF 07-00513mu III. Tab 6.Drawings Submitted.PDF 07-00513mu CC Revised School Board Impact Analysis.pdf 07-00513mu CC Legislation (Version 2).PDF 07-00513mu CC Exhibit A.pdf 07-00513mu CC Exhibit B.pdf 07-00513mu CC Fact Sheet.pdf City ofMiami Page 15 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.2 07-01023mu RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE WAGNER SQUARE PHASES II AND III, A MIXED -USE PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA; TO CONSTRUCT TWO STRUCTURES WITH AN APPROXIMATE MAXIMUM HEIGHT OF 191 FEET AND 8 INCHES (13 STORIES) COMPRISED OF APPROXIMATELY 48 RESIDENTIAL UNITS; APPROXIMATELY 286,933 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 15,843 SQUARE FEET OF COMMERCIAL SPACE; AND APPROXIMATELY 1,407 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. LOCATION: Approximately 1700 NW 14th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of Wagner Square, LLC & Wagner Square I, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 16, 2008 by a vote of 9-0. *See supporting documentation. PURPOSE: This will allow the development of the Wagner Square project. City ofMiami Page 16 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 ITEM #4 - PAB - 01.16.08.pdf 07-01023mu PAB Reso.PDF 07-01023mu Outside Cover.PDF 07-01023mu Inside Cover & Table of Contents.PDF 07-01023mu I -A. Application for Major Use Special Permit.PDF 07-01023mu I-B. Disclosure of Ownership.PDF 07-01023mu I-C. Ownership Affidavit.PDF 07-01023mu I-D. Miscellaneous Documents.PDF 07-01023mu I-E. Directory of Project Principals.PDF 07-01023mu I-F. Project Data Sheet.PDF 07-01023mu I-G. City of Miami Zoning Atlas Map.PDF 07-01023mu II. Project Description.PDF 07-01023mu III. Supporting Documents.PDF 07-01023mu III.Tab 1.Minority Construction Employment Plan.PDF 07-01023mu III.Tab 2.Traffic Impact Analysis.PDF 07-01023mu III.Tab 3.Site Utility Study.PDF 07-01023mu III.Tab 4.Economic Impact Study.PDF 07-01023mu III.Tab 5.Survey of Property.PDF 07-01023mu III.Tab 6.Drawings Submitted.PDF 07-01023mu CC Projects in the Vicinity.pdf 07-01023mu CC Revised School Board Impact Analysis.pdf 07-01023mu CC Disclosure to Support or Withhold Objection.pdf 07-01023mu CC Legislation (Version 2).pdf 07-01023mu CC Exhibit A.pdf 07-01023mu CC Exhibit B.pdf 07-01023mu CC Fact Sheet.pdf City ofMiami Page 17 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.3 07-00795zc ORDINANCE SECOND 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. 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 07-00795zc Disclosure to Support or Withhold Objection.pdf 07-00795zc CC SR Fact Sheet.pdf DATE: ACTION: DATE: ACTION: DATE: ACTION: OCTOBER 25, 2007 DEFERRED NOVEMBER 9, 2007 CONTINUED DECEMBER 13, 2007 CONTINUED City ofMiami Page 18 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DATE: JANUARY 24, 2008 MOVER: COMMISSIONER REGALADO SECONDER: COMMISSIONER GONZALEZ VOTE: AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND REGALADO ABSENT: 1 - COMMISSIONER SPENCE-JONES ACTION: PASSED ON FIRST READING City ofMiami Page 19 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.4 07-01024Iu 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 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. 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 01-24-08 Fact Sheet.pdf 07-010241u & 07-01024zc Disclosure to Support or Withhold Objection.PDF 07-010241u CC FR 02-28-08 Fact Sheet.pdf DATE: MOVER: SECONDER: VOTE: ACTION: JANUARY 24, 2008 COMMISSIONER GONZALEZ VICE CHAIR SPENCE-JONES AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER REGALADO CONTINUED City ofMiami Page 20 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.5 07-01024zc ORDINANCE 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. 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 01-24-08 Fact Sheet.pdf 07-010241u & 07-01024zc Disclosure to Support or Withhold Objection.PDF 07-01024zc CC FR 02-28-08 Fact Sheet.pdf DATE: JANUARY 24, 2008 City ofMiami Page 2] Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 MOVER: SECONDER: VOTE: ACTION: COMMISSIONER GONZALEZ VICE CHAIR SPENCE-JONES AYES: 4 - COMMISSIONER GONZALEZ, SARNOFF, SANCHEZ AND SPENCE-JONES ABSENT: 1 - COMMISSIONER REGALADO CONTINUED City ofMiami Page 22 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.6 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. 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, LC 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 - OLD.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 07-003911 u-Submittal-Photograph. pdf 07-003911u-Submittal-Petition Signatures. pdf 07-003911u-Submittal-Declaration of Restrictive Covenants. pdf 07-003911u CC Application & Supporting Docs - UPDATED.pdf 07-003911u CC FR 02-28-08 Fact Sheet.pdf DATE: ACTION: DATE: ACTION: OCTOBER 25, 2007 DEFERRED DECEMBER 13, 2007 CONTINUED City ofMiami Page 23 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DATE: JANUARY 24, 2008 MOVER: CHAIR SANCHEZ SECONDER: COMMISSIONER REGALADO VOTE: AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER SARNOFF AND SPENCE-JONES ACTION: CONTINUED City ofMiami Page 24 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.7 07-00391zc ORDINANCE 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 21ST TERRACE, MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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, LC 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 ZB 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 07-00391zc CC Application & Supporting Docs - UPDATED.pdf 07-00391zc CC FR 02-28-08 Fact Sheet.pdf DATE: ACTION: DATE: ACTION: DATE: OCTOBER 25, 2007 DEFERRED DECEMBER 13, 2007 CONTINUED JANUARY 24, 2008 City ofMiami Page 25 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 MOVER: SECONDER: VOTE: ACTION: CHAIR SANCHEZ COMMISSIONER REGALADO AYES: 3 - COMMISSIONER GONZALEZ, SANCHEZ AND REGALADO ABSENT: 2 - COMMISSIONER SARNOFF AND SPENCE-JONES CONTINUED City ofMiami Page 26 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.8 07-01172x RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF C-2 LIBERAL COMMERCIAL (13), TO ALLOW HIRING HALLS, EMPLOYMENT OFFICES AND LABOR POOLS, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1757 NORTHWEST 23RD STREET, MIAMI, FLORIDA. LOCATION: Approximately 1757 NW 23rd Street [Commissioner Angel Gonzalez - District 1] APPELLANT(S)/APPLICANT(S): Michael A. Gil, Esquire and Melissa Tapanes Llahues, Esquire, on behalf of KEA Investment, LLC, a Florida Limited Liability Company FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Special Exception. ZONING BOARD: Denied the Special Exception on October 29, 2007 by a vote of 5-4. PURPOSE: The approval of this appeal will allow an employment office in the C-2 Liberal Commercial zoning district. 07-01172x Analysis.PDF 07-01172x Zoning Map.pdf 07-01172x Aerial Map.pdf 07-01172x Application & Supporting Docs.PDF 07-01172x Plans.PDF 07-01172x ZB 10-29-07 Fact Sheet.pdf 07-01172x ZB Reso.PDF 07-01172x Appeal Letter.PDF 07-01172x CC Clarification of Parties Letter.pdf 07-01172x CC School Board Letter.pdf 07-01172x CC Legislation (Version 3).pdf 07-01172x CC Legislation (Version 4).pdf 07-01172x Exhibit A.pdf 07-01172x CC Fact Sheet.pdf City ofMiami Page 27 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.9 07-01381Iu 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 0.60± ACRES OF REAL PROPERTY LOCATED AT APPROXIMATELY 329, 333, 335, 337 AND 346 NORTHEAST 58TH TERRACE, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64 Development Corp. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 5, 2007 by a vote of 8-0. See companion File ID 07-01381zc. PURPOSE: This will change the above properties to General Commercial. PAB - ITEM #2 - 07-013811u.pdf 07-013811u PAB Reso.PDF 07-013811u School ImpactAnalysis.pdf 07-013811u CC Application Supporting Documents.pdf 07-013811u Legislation (Version 2).pdf 07-013811u & 07-01381zc Exhibit A.pdf 07-013811u CC FR Fact Sheet.pdf City ofMiami Page 28 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.10 07-01381zc ORDINANCE FIRST 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-2" TWO-FAMILY RESIDENTIAL TO "C-2" LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 329, 333, 335, 337, AND 346 NORTHEAST 58TH TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 329, 333, 335, 337, and 346 NE 58th Terrace [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Marcelo Fernandes, Vice -President, on behalf of 64 Development Corp. FINDINGS: PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to the City Commission on January 14, 2008 by a vote of 6-1. See companion File ID 07-013811u. PURPOSE: This will change the above properties to C-2 Liberal Commercial. 07-01381zc Analysis.PDF 07-01381zc Zoning Map.pdf 07-01381zc Aerial Map.pdf 07-01381zc Application & Supporting Docs.PDF 07-01381zc ZB 01-14-08 Fact Sheet.pdf 07-01381zc ZB Reso.pdf 07-01381zc CC Legislation (Version 2).pdf 07-013811u & 07-01381zc Exhibit A.pdf 07-01381zc CC FR Fact Sheet.pdf City ofMiami Page 29 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 PZ.11 04-01208 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the Zoning Board's decision of the director's decision. ZONING BOARD: In accordance with the amended opinion of the Circuit Court Appellate Division in Dougherty, et. al. v. City of Miami, et. al. (11th Circuit Court Appellate Division Case No. 05-409AP), amended opinion dated July 14, 2006, the Zoning Board adopted the stipulation on July 9, 2007 by a vote of 5-0 on the record of the appellant and appellee agree that the decision of the Miami Zoning Board is waived and that the Class II Special Permit be heard by the City Commission. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE: On November 18, 2004 and September 22, 2005, the City Commission granted the appeal. On July 14, 2006, the Circuit Court ruled to quash the City Commission's decision and remanded this case for proceedings. City ofMiami Page 30 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 04-01208 Legislation (Version 2).PDF 04-01208 Exhibit A.PDF 04-01208 Legislation (Version 3).PDF 04-01208 Exhibit A.PDF 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB Appeal Letter.PDF 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Final Decision.PDF 04-01208 Plans.PDF 04-01208 UDRB Reso.PDF 04-01208 Class II Referral.PDF 04-01208 CC 11-18-04 Fact Sheet.pdf 04-01208 CC 05-26-05 Fact Sheet.pdf 04-01208 CC 07-28-05 Fact Sheet.pdf 04-01208 CC 07-28-05 Fact Sheet.pdf 04-01208 ZB 02-26-07 Fact Sheet.pdf 04-01208 ZB 04-09-07 Fact Sheet.pdf 04-01208 ZB 05-21-07 Fact Sheet.pdf 04-01208 ZB 07-09-07 Fact Sheet.pdf 04-01208 ZB 07-09-07 Reso.PDF 04-01208 City Attorney Documents.pdf 04-01208 October 4, 2005 ZB Transcript.pdf 04-01208 CC 10-25-07 Legislation (Version 6).pdf 04-01208 CC 10-25-07 Legislation (Version 7).pdf 04-01208 CC 10-25-07 Fact Sheet.pdf 04-01208 CC 02-28-07 Fact Sheet.pdf DATE: NOVEMBER 18, 2004 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: ADOPTED DATE: DECEMBER 1, 2004 ACTION: SIGNED BY THE MAYOR DATE: DECEMBER 9, 2004 ACTION: RECONSIDERED DATE: MAY 26, 2005 ACTION: CONTINUED DATE: JULY 28, 2005 ACTION: CONTINUED City ofMiami Page 31 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DATE: SEPTEMBER 22, 2005 MOVER: COMMISSIONER WINTON SECONDER: COMMISSIONER ALLEN VOTE: AYES: 4 - COMMISSIONER GONZALEZ, WINTON, SANCHEZ AND ALLEN ABSENT: 1 - COMMISSIONER REGALADO ACTION: ADOPTED DATE: SEPTEMBER 23, 2005 ACTION: SIGNED BY THE MAYOR DATE: OCTOBER 25, 2007 ACTION: INDEFINITELY DEFERRED City ofMiami Page 32 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ City ofMiami Page 33 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 34 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00173 DISCUSSION ITEM DISCUSSION CONCERNING THE APPOINTMENT OF A CITY ATTORNEY. 08-00173 E-mail.pdf City ofMiami Page 35 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DISTRICT 3 CHAIR JOE SANCHEZ City ofMiami Page 36 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DISTRICT 4 COMMISSIONER TOMAS REGALADO City ofMiami Page 37 Printed on 2/22/2008 City Commission Meeting Agenda February 28, 2008 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-00185 DISCUSSION ITEM DISCUSSION REGARDING THE NEED FOR CHILDREN RECREATIONAL EQUIPMENT FOR LIBERTY PARK. 08-00185 E-mail.pdf D5.2 08-00186 DISCUSSION ITEM DISCUSSION REGARDING TITLE ISSUES FOR 1291 NW 55TH TERRACE AND 1436 NW 61 STREET. 08-00186 E-mail.pdf City ofMiami Page 38 Printed on 2/22/2008