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HomeMy WebLinkAboutCC 2009-01-29 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 Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com Thursday, January 29, 2009 9:00 AM City Hall Commission Chambers CONTENTS Items through 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 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 ci afnliann, Page 1 Printed on 2,2 2009 City Commission Marked Agenda January 29, 2009 Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Sarnoff On the 29th day of January 2009, 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 Sanchez at 9:31 a.m., recessed at 9:49 a.m., reconvened at 10:10 a.m., and adjourned at 11:41 a.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:42 a.m. Commissioner Regalado entered the Commission chambers at 10:11 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 09-00078 PRESENTATION Honoree Presenter Protocol Item U.S. News Mayor Diaz Certificates & World Report of Merit America's Best High Schools Gold Medal Schools Design and Architecture Senior High School Maritime and Science Technology Academy Silver Medal School New World School of the Arts Joseph H. Commissioner Memorial Ganguzza, Regalado Resolution In Memoriam 09-00078 Protocol.pdf 1. Mayor Diaz presented Certificates of Merit to the Design and Architecture Senior High School (Dr. Stacey Mancuso), Maritime and Science Technology Academy (Thomas C. Fisher, II), and the New World School of the Arts (Frederic E. Conde, Ed.D.) in recognition of overall excellence and steadfast commitment to student achievement in the Miami -Dade Public School System, honoring their national designation as Gold and Silver Medal Schools of U.S. News & World Report, a ranking developed by U.S. News and World Report which honors the best 100 of the more than 21,000 high schools in the United States. 2. Commissioner Regalado paid tribute to the memory of the late Distinguished Florida Barrister, Joseph H. Ganguzza (1957-2009), a prominent Miami attorney who provided over 25 years of outstanding service to his profession; further recognizing the late Joseph H. Ganguzza for his accomplishment as cum laude of Boston College and the University of Miami/School of Law and founder and director of Joseph H. Ganguzza & City of Miami Page 3 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 Associates, PA; and further recognizing the late Joseph H. Ganguzza for embracing the challenges of public service as a sacred trust while serving on the City of Miami Zoning Board for nine years. MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETING: Planning and Zoning Meeting of December 11, 2008 MOVED: SECONDED: Tomas Regalado Angel Gonzalez Motion to APPROVED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff END OF APPROVING MINUTES City ofMiami Page 4 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 CA.1 09-00013 Department of Public Facilities CA.2 09-00014 Department of NET Administration Order of the Day CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH NMMA BOAT SHOWS, INC., FOR THE USE OF DOCKAGE SPACE AT MIAMARINA AT BAYSIDE FOR THE PRESENTATION OF THE STRICTLY SAIL VENUE OF THE MIAMI INTERNATIONAL BOAT SHOW FROM FEBRUARY 8 THROUGH FEBRUARY 19, 2009, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00013 Legislation.pdf 09-00013 Exhibit.pdf 09-00013 Summary Form.pdf 09-00013 Pre Legislation.pdf 09-00013 Master Report.pdf R-09-0042 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2009 MEMORANDUM OF UNDERSTANDING FOR THE MIAMI HOMELESS ASSISTANCE PROGRAM'S DISCHARGE PLANNING GRANT, CONSISTING OF A MIAMI-DADE COUNTY HOMELESS TRUST GRANT AWARD, IN THE AMOUNT OF $340,000, FOR A TWELVE MONTH PERIOD TO PROVIDE EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND THE HEALTH SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 09-00014 Legislation.pdf 09-00014 Exhibit 1.pdf 09-00014 Exhibit 2.pdf 09-00014 Exhibit 3.pdf 09-00014 Exhibit 4.pdf 09-00014 Exhibit 5.pdf 09-00014 Exhibit 6.pdf 09-00014 Summary Form.pdf 09-00014 Letter.pdf 09-00014 Memo.pdf 09-00014 Pre Summary Form.pdf 09-00014 Pre Legislation.pdf 09-00014 Attachment B.pdf City of Miami Page 5 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 R-09-0043 This Matter was ADOPTED on the Consent Agenda. CA.3 09-00054 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF MOBILE REFUSE CONTAINERS FOR AUTOMATED GARBAGE COLLECTION, FROM SCHAEFER SYSTEMS INTERNATIONAL, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING THE EXISTING CITY OF BOYNTON BEACH CONTRACT NO. 042-2510-08/CJD, EFFECTIVE THROUGH JUNE 2, 2010, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE CITY OF BOYNTON BEACH; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00054 Legislation.pdf 09-00054 Summary Form.pdf 09-00054 Letter.pdf 09-00054 Proposal.pdf 09-00054 Letter 2.pdf 09-00054 Agenda Item Request Form.pdf 09-00054 Letter 3.pdf 09-00054 Warranty.pdf 09-00054 Request for Bid.pdf R-09-0044 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: ABSENT: Angel Gonzalez Michelle Spence -Jones Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff END OF CONSENT AGENDA City ofMiami Page 6 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 RESOLUTION RE.1 09-00082 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING A GRANT TO THE TURKEL RESOURCE Improvements FOUNDATION TO RESTORE THE CITY -OWNED DORSEY MEMORIAL Program LIBRARY LOCATED AT 100 NORTHWEST 17 STREET, MIAMI, FLORIDA, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY-SIX THOUSAND DOLLARS ($256,000); ALLOCATING SAID FUNDS FROM B-30531, CAPITAL IMPROVEMENT PROJECT " DORSEY MEMORIAL LIBRARY RESTORATION;" AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT CO-OPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00082 Legislation.pdf 09-00082 Exhibit 1.pdf 09-00082 Exhibit 2.pdf 09-00082 Exhibit 3.pdf 09-00082 Exhibit 4.pdf 09-00082 Summary Form.pdf 09-00082 Master Report.pdf 09-00082 Pre Resolution.pdf R-09-0045 MOVED: Michelle Spence -Jones SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff END OF RESOLUTIONS City of Miami Page 7 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 PART B: PLANNING AND ZONING ITEM(S) The following item(s) shall not be considered before 10:00 am. PZ.1 08-01508ct ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY INCORPORATING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENT ELEMENT AND 2008-2009, FIVE (5)YEAR SCHEDULE OF CAPITAL IMPROVEMENTS, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will update the Capital Improvement Element and Five -Year Schedule of Capital Improvements of the Miami Comprehensive Neighborhood Plan. 08-01508ct CC Legislation (Version 1).pdf 08-01508ct Exhibit A.pdf 08-01508ct Supporting Documentation.pdf 08-01508ct CC SR 01-29-09 Fact Sheet.pdf 13049 MOVED: Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.2 07-00345xc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE City ofMiami Page 8 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 PZ.3 07-00345w w BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with conditions* to City Commission on September 8, 2008 by a vote of 5-2. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345ww. *See supporting documentation. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace project. NOTE: File previously known as 07-00345x. 07-00345xc Analysis.PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB Reso.PDF 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345xc CC Legislation (Version 3).pdf 07-00345xc & 07-00345ww Exhibit A.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.2 to the Commission meeting currently scheduled for February 26, 2009. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACK, AS SET FORTH IN SECTION 3(mm)(ii-iv) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE City ofMiami Page 9 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 PZ.4 08-00700xc 1 NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE BULKHEAD, FOR THE GROVE HARBOUR MARINA AND MARKETPLACE PROJECT, TO BE LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina and Caribbean Marketplace, LLC, Lessee; City of Miami, Owner FINDING(S): PLANNING DEPARTMENT: Recommended approval. WATERFRONT ADVISORY BOARD: Recommended approval with conditions* to City Commission on September 9, 2008 by a vote of 6-0. See companion File ID 07-00345xc. *See supporting documentation. PURPOSE: This will allow fewer setbacks than required for the Grove Harbour Marina and Marketplace project. 07-00345ww Zoning Map.pdf 07-00345ww Aerial Map.pdf 07-00345xc & 07-00345ww WAB Reso.pdf 07-00345ww Letter of Intent.pdf 07-00345ww Application & Supporting Docs.pdf 07-00345ww Plans.pdf 07-00345ww CC Legislation (Version 1).pdf 07-00345xc & 07-00345ww Exhibit A.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.3 to the Commission meeting currently scheduled for February 26, 2009. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES IN PR PARK, RECREATION AND OPEN SPACE DISTRICT, TO ALLOW THE CONSTRUCTION OF A TEMPORARY FIRE RESCUE FACILITY, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1275 NORTHEAST 79TH STREET, MIAMI, FLORIDA. City of Miami Page 10 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 1275 NE 79th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jack Kardys, Director, Miami -Dade County Park and Recreation Department FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. WATERFRONT ADVISORY BOARD: Recommended approval to City Commission on November 25, 2008 by a vote of 7-0. ZONING BOARD: Recommended approval with conditions* to City Commission on December 8, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the construction of a temporary fire rescue facility within the Pelican Harbor Marina. 08-00700xc1 CC Analysis.pdf 08-00700xc1 Zoning Map.pdf 08-00700xc1 Aerial Map.pdf 08-00700xc1 Application & Supporting Docs.pdf 08-00700xc1 Plans.pdf 08-00700xc1 ZB Reso.pdf 08-00700xc1 WAB Reso.pdf 08-00700xc1 CC Legislation (Version 2).pdf 08-00700xc1 Exhibit A.pdf 08-00700xc1 CC 01-29-09 Fact Sheet.pdf R-09-0046 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.5 08-01322ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED NORTH OF NORTHWEST 12TH STREET BETWEEN NORTHWEST 8TH AVENUE AND NORTHWEST 7TH COURT, MIAMI, FLORIDA. City of Miami Page 11 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately N of NW 12th Street between NW 8th Avenue and NW 7th Court [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Frank J. Amedia, Manager, on behalf of Bay Estates at Pinetree, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on April 3, 2008 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on December 8, 2008 by a vote of 5-2. PURPOSE: This will allow a unified development site. 08-01322ac Analysis.pdf 08-01322ac Public Works Analysis. pdf 08-01322ac Plat & Street Letter.pdf 08-01322ac Zoning Map.pdf 08-01322ac Aerial Map.pdf 08-01322ac Application & Supporting Docs.pdf 08-01322ac ZB Reso.pdf 08-01322ac CC Legislation (Version 2).pdf 08-01322ac Exhibit A.pdf 08-01322ac CC 01-29-09 Fact Sheet.pdf R-09-0047 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.6 08-01329zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE OSUN'S VILLAGE CULTURAL SPECIALTY DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR FIFTEEN (15) ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 12 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Along NW 7th Avenue from NW 53rd Street to NW 63rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create the Osun's Village Cultural Specialty District and allow distance exceptions and alternate parking standards for 15 establishments serving alcoholic beverages. 08-01329zt - Osun's Village Florida State Laws Ch_2006-316 (2).pdf 08-01329zt CC Legislation (Version 2).pdf 08-01329zt Exhbit A.pdf 08-01329zt Exhbit B.pdf 08-01329zt CC SR 01-29-09 Fact Sheet.pdf 13050 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Sarnoff PZ.7 08-01331zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING CHAPTER 4, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-2, ENTITLED "DEFINITIONS," AND SECTION 4-11, ENTITLED "EXCEPTIONS TO DISTANCE REQUIREMENTS," TO CREATE THE LEMON CITY/LITTLE HAITI FRENCH CREOLE CULTURAL ARTS AND ENTERTAINMENT DISTRICT, ALLOWING DISTANCE EXEMPTIONS AND ALTERNATE PARKING STANDARDS FOR TWENTY (20) ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 13 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 PZ.8 LOCATION: Properties Fronting or Abutting NE 2nd Avenue, Generally Bounded from NE 63rd Street to NE 53rd Street, Including the Entire Properties Legally Described as "SABAL PALM COURT SUBDIVISION PB 46-66 BLOCK 3," and "PIERCES DIV OF LEMON CITY PB 2-21 LOTS 3 & 4 BLK 12," [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create the Lemon City/Little Haiti French Creole Cultural Arts and Entertainment District and allow distance exceptions and alternate parking standards for 20 establishments serving alcoholic beverages. 08-01331zt CC Legislation (Version 2).pdf 08-01331zt Exhbit A.pdf 08-01331zt Exhibit B.pdf 08-01331zt CC SR 01-29-09 Fact Sheet.pdf 08-01331zt-Submittal-Zoning Atlas.pdf 13051 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Sarnoff 08-00400Iu 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, 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 of Miami Page 14 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 PZ.9 LOCATION: Approximately 2744 Southwest 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 21, 2008 by a vote of 5-3. See companion File ID 08-00400zc. PURPOSE: This will change the above property to Restricted Commercial. 08-004001u Analysis.pdf 08-004001u Land Use Map.pdf 08-004001u Aerial Map.pdf 08-004001u School Board Impact Analysis.pdf 08-004001u Application & Supporting Documentation.pdf 08-004001u PAB Reso.pdf 08-004001u CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf MOVED: Tomas Regalado SECONDED: Angel Gonzalez Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Sarnoff 08-00400zc 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-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN SD-12 SPECIAL BUFFER OVERLAY DISTRICT TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2744 SOUTHWEST 7TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 15 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 2744 SW 7th Street [Commissioner Tomas Regalado - District 4] APPLICANT(S): Rodolfo Lleonart, President, on behalf of Rollert Investments, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on June 9, 2008 by a vote of 5-0. See companion File ID 08-004001u. PURPOSE: This will change the above property to C-1 Restricted Commercial. 08-00400zc Analysis.pdf 08-00400zc Zoning Map.pdf 08-00400zc Aerial Map.pdf 08-00400zc Application & Supporting Documentation.pdf 08-00400zc ZB Reso.PDF 08-00400zc CC Legislation (Version 2).pdf 08-004001u & 08-00400zc Exhibit A.pdf MOVED: SECONDED: Tomas Regalado Angel Gonzalez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.10 08-00542Iu 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21 ST 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 of Miami Page 16 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 3628 NW 21 st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investment, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on June 18, 2008 by a vote of 5-3. Also recommended that if the City Commission, at its discretion, accepts a covenant with a specific set of plans for this project and grants the land use change, the Planning Advisory Board has no objection, by a vote of 6-2. See companion File ID 08-00542zc. PURPOSE: This will change the above property to Restricted Commercial. 08-005421u Analysis.pdf 08-005421u Land Use Map.pdf 08-005421u Aerial Map.pdf 08-005421u Letter of Intent.pdf 08-005421u Application & Supporting Documents.pdf 08-005421u PAB Resos.pdf 08-005421u CC Legislation (Version 2).pdf 08-005421u & 08-00542zc Exhibit A.pdf MOVED: SECONDED: Angel Gonzalez Tomas Regalado Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.11 08-00542zc ORDINANCE First 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-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3628 NORTHWEST 21ST COURT, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 17 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 3628 NW 21 st Court [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Herminio San Roman, Esquire, on behalf of P.O.R. Investments, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on July 24, 2008 by a vote of 9-0. See companion File ID 08-005421u. PURPOSE: This will change the above property to C-1 Restricted Commercial. 08-00542zc Analysis.PDF 08-00542zc Zoning Map.pdf 08-00542zc Aerial Map.pdf 08-00542zc Letter of Intent.pdf 08-00542zc Application & Supporting Docs.pdf 08-00542zc ZB Reso.PDF 08-00542zc CC Legislation (Version 2).pdf 08-005421u & 08-00542zc Exhibit A.pdf MOVED: Angel Gonzalez SECONDED: Tomas Regalado Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones ABSENT: Commissioner Sarnoff PZ.12 08-01419zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", IN ORDER TO REMOVE THE SUNSET PROVISION OF THIS SECTION, ADD A NEW FORM OF INTERIM PARKING, PROVIDE FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND ALLOW FOR TIME EXTENSIONS WITH REFERALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 18 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADIVSORY BOARD: Recommended approval to City Commission on December 3, 2008 by a vote of 6-0. PURPOSE: This will allow for the continuation of interim parking facilities by special permit with new requirements that will ensure compliance with minimum parking lot standards over a period of five years. 08-01419zt Miami Police Top Areas of Concern.pdf 08-01419zt PAB Reso.pdf 08-01419zt CC Legislation (Version 2).pdf MOVED: SECONDED: Joe Sanchez Tomas Regalado Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.13 08-00541v 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, THEREBY DENYING OR GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW REDUCTIONS OF THE REQUIRED SETBACKS IN AN R-2 TWO-FAMILY RESIDENTIAL DISTRICT, TO ALLOW A FRONT SETBACK OF 17'0" (20'0" REQUIRED) AND A REAR SETBACK OF 0'9.5" (5'0" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3244 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA. City of Miami Page 19 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 3244 NW 3rd Avenue [Commissioner Michelle Spence -Jones - District 5] APPELLANT(S)/APPLICANT(S): Frank Bernadin, Owner FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variances. ZONING BOARD: Made a motion to approve, which failed constituting a denial of the Variances on September 22, 2008 by a vote of 3-4. PURPOSE: The approval of this appeal will allow less -front and rear setbacks than required. 08-00541v Analysis.PDF 08-00541v Zoning Map.pdf 08-00541v Aerial Map.pdf 08-00541v Application & Supporting Docs.PDF 08-00541v Plans.PDF 08-00541v ZB Reso.PDF 08-00541v Appeal Letter.PDF 08-00541v CC Legislation (Version 3).pdf 08-00541v CC Legislation (Version 4).pdf 08-00541v CC Exhibit A.pdf 08-00541v CC 01-29-09 Fact Sheet.pdf R-09-0048 MOVED: SECONDED: Joe Sanchez Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner Gonzalez, Sanchez and Spence -Jones ABSENT: Commissioner Sarnoff and Regalado PZ.14 08-01083v 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, THEREBY DENYING OR GRANTING VARIANCES PURSUANT TO ARTICLE 19, SECTION 1901, ET. SEQ., FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-1 RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACES, TO WAIVE 13 OF THE REQUIRED 16 PARKING SPACES (GRANDFATHERED 3, PROPOSED 0) (NEW RESTAURANT USE); AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET, PROPOSED 1,192 SQUARE FEET (2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI, City ofMiami Page 20 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 FLORIDA. LOCATION: Approximately 2898 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): William Lane, Architect, on behalf of Global Elements, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the Variances. ZONING BOARD: Made a motion to approve, which failed constituting a denial on October 20, 2008 by a vote of 2-5. PURPOSE: The approval of this appeal will allow fewer parking spaces than required and more buildable area than allowed for a new restaurant. 08-01083v Analysis.PDF 08-01083v Zoning Map.pdf 08-01083v Aerial Map.pdf 08-01083v Application & Supporting Docs.PDF 08-01083v Zoning Write Up.PDF 08-01083v Plans.pdf 08-01083v ZB Reso.pdf 08-01083v Appeal Letter.PDF 08-01083v CC Legislation (Version 3).pdf 08-01083v CC Legislation (Version 4).pdf 08-01083v Exhibit A.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.14 to the Commission meeting currently scheduled for February 26, 2009. PZ.15 08-00872ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY ROBERTO MIESSLER AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED WITH A CONDITION A CERTIFICATE OF APPROPRIATENESS FOR THE AFTER -THE -FACT INSTALLATION OF A ROLL -DOWN SHUTTER, FOR THE INGRAHAM BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK, LOCATED AT APPROXIMATELY 25 SOUTHEAST 2ND AVENUE, MIAMI, FLORIDA. City ofMiami Page 2] Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 LOCATION: Approximately 25 SE 2nd Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S)/APPLICANT(S): Robert Miessler, Vice -President, on behalf of New Victors Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with a condition* of the Certificate of Appropriateness. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Approved with a condition* the Certificate of Appropriateness on July 1, 2008 by a vote of 7-0. *See supporting documentation. PURPOSE: The approval of this appeal will allow the after -the -fact installation of a roll -down shutter at the Ingraham Building. 08-00872ha Appeal Letter & Supporting Documents.pdf 08-00872ha Zoning Map.pdf 08-00872ha Aerial Map.pdf 08-00872ha HEPB 07-01-08 Fact Sheet.pdf 08-00872ha Application for Certificate of Appropriateness.pdf 08-00872ha CC Legislation (Version 2).pdf 08-00872ha CC Legislation (Version 3).pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Sarnoff absent, to continue item PZ.15 to the Commission meeting currently scheduled for February 26, 2009. END OF PLANNING AND ZONING ITEMS City ofMiami Page 22 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00062 DISCUSSION ITEM DISCUSSION ABOUT THE PLETHORA OF HOMELESS WHO ARE CURRENTLY LIVING UNDER THE JULIA TUTTLE/41ST STREET CAUSEWAY. IT APPEARS MANY PEOPLE CONTINUE TO LIVE UNDER THE OVERPASSES ON THE CITY OF MIAMI SIDE OF THE CAUSEWAY. AND IT NOW APPEARS ONE OR TWO VANS REGULARLY PARK AT THE OVERPASSES, ALMOST FULL-TIME. CONSTITUENTS HAVE WITNESSED TENTS. THE JULIA TUTTLE/41 ST STREET CAUSEWAY IS A MAJOR PUBLIC ENTRANCE INTO THE CITY OF MIAMI. WHO IS LIVING UNDER THE OVERPASSES? WHO IS IN CHARGE? WHAT CAN BE DONE? 09-00062 Email.pdf DEFERRED Item D2.1 was deferred to the Commission meeting currently scheduled for February 12, 2009. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO City ofMiami Page 23 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 NA.1 09-00101 NA.2 09-00028a District 5- Vice Chair Michelle Spence -Jones NA.3 09-00105 District 5- Vice Chair Michelle Spence -Jones END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES NON -AGENDA ITEMS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING, CURRENTLY SCHEDULED FOR APRIL 9, 2009, TO BE HELD ON APRIL 2, 2009 AT 9 AM. R-09-0050 MOVED: Angel Gonzalez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez and Spence -Jones Commissioner Sarnoff and Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RENAMING THE MINI PARK LOCATED AT NORTHWEST 62ND STREET AND 12TH AVENUE, MIAMI, FLORIDA, TO "SHERDAVIA JENKINS PEACE PARK;" DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE RENAMING OF SAID PARK. 09-00028a-Legislation. pdf R-09-0049 MOVED: Michelle Spence -Jones SECONDED: Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner Gonzalez, Sanchez and Spence -Jones Commissioner Sarnoff and Regalado RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO CREATE THE "CIRCLE OF BROTHERHOOD TASK FORCE," TO ADDRESS THE CRISIS SURROUNDING THE YOUTH VIOLENCE IN DISTRICT 5. 0900105-Submittal-Commissioner Spence -Jones. pdf City ofMiami Page 24 Printed on 2/2/2009 City Commission Marked Agenda January 29, 2009 Motion to Adjourn R-09-0051 MOVED: SECONDED: Michelle Spence -Jones Angel Gonzalez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: MOTION Commissioner Gonzalez, Sanchez and Spence -Jones Commissioner Sarnoff and Regalado A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, with Commissioners Sarnoff and Regalado absent, to adjourn today's meeting. City ofMiami Page 25 Printed on 2/2/2009