HomeMy WebLinkAboutCC 2009-02-26 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, February 26, 2009
9:00 AM City Hall Commission Chambers
CONTENTS
Items may be heard in the numbered
sequence or as announced by the Commission
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
Item 1 which is comprised of items CA. 1 through CA.7 may be heard
in the number sequence or as announced by the Commission
PH - PUBLIC HEARINGS
10:30 A.M.-Assignment of Biscayne Housing
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
CitJ gt 1iamr Page 1 Printed on2.'27,2009
City Commission
Marked Agenda February 26, 2009
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a
meeting. "[Later...]" refers to discussions that were interrupted and later continued.
City ofMiami Page 2 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present:
Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez and
Commissioner Regalado
Absent: Vice Chair Spence -Jones
On the 26th day of February 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 9:17 a.m.,
recessed at 9:45 a.m., reconvened at 10:00 a.m., recessed at 11:53 a.m., reconvened at
11:55 a.m., and adjourned at 11:57 a.m.
Note for the Record: Commissioner Gonzalez entered the Commission chambers at
9:26 a.m. Commissioner Gonzalez entered the Commission chambers at 10:01 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 09-00216 PRESENTATION
Honoree Presenter Protocol Item
Bicycle Action Month Mayor Diaz Proclamation
April Yvette Thompson Mayor Diaz Salute
Willoughby Supply Co., Inc. Mayor Diaz Salute
Austro Construction, Inc. Mayor Diaz Salute
PRESENTED
1. Mayor Diaz presented a Proclamation in honor of Bicycle Action Month, March 2009,
as declared by the Governor of the State of Florida, as Florida Bicycle Month, in support
of local governments throughout the state that have adopted goals and policies to
develop a multimodal transporation system that supports transportation choices
including the bicyle.
2. Mayor Diaz presented a Salute to April Yvette Thompson in celebration of her return
to her Miami hometown as an illustrious, award -winning thespian performing her own
one -woman show, "Liberty City," in the Carnival Studio Theater at the Adrienne Arsht
Performing Arts Center.
3. Mayor Diaz presented a Salute to Willoughby Supply Company, Inc., in conjunction
with MACTown, Inc., to pay tribute to the supply company for its outstanding
commitment to upgrading the quality of life in South Florida.
4. Mayor Diaz presented a Salute to Austro Construction, Inc., in conjunction with
MACTown, Inc., to pay tribute to the supply company for its outstanding commitment to
upgrading the quality of life in South Florida.
MAYORAL VETOES
City ofMiami Page 3 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
(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 January 29, 2009
MOVED:
SECONDED:
Marc David Sarnoff
Tomas Regalado
Motion to APPROVED PASSED by the following vote.
AYES:
ABSENT:
ORDER OF THE DAY
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
END OF APPROVING MINUTES
CONSENT AGENDA
CA.1 09-00120 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A
Police NEW SPECIAL REVENUE PROJECT ENTITLED: "SOUTH FLORIDA HIGH
INTENSITY DRUG TRAFFICKING AREA ("HIDTA") VIOLENT CRIMES AND
DRUG TRAFFICKING ORGANIZATION" INITIATIVE AND APPROPRIATING
FUNDS, CONSISTING OF A GRANT AWARD, FROM SOUTH FLORIDA
HIDTA, IN THE AMOUNT OF $30,000; AUTHORIZING THE CITY
MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE
NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE
ACCEPTANCE OF SAID GRANT AWARD.
09-00120 Legislation.pdf
09-00120 Summary Form.pdf
09-00120 Letter.pdf
09-00120-Summary Fact Sheet.pdf
R-09-0080
This Matter was ADOPTED on the Consent Agenda.
CA.2 09-00121 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A
Technology GRANT, IN THE AMOUNT OF $40,000, FROM MIAMI DADE COLLEGE
FOUNDATION, INC., CONSISTING OF A GRANT AWARDED BY
MICROSOFT'S UNLIMITED POTENTIAL -COMMUNITY TECHNOLOGY
SKILLS PROGRAM, TO PROVIDE SERVICES FOR THE "ELEVATE
MIAMI-UNLIMITED POTENTIAL" INITIATIVE; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR SERVICES,
IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY
City ofMiami Page 4 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT
AWARD.
09-00121 Legislation.pdf
09-00121 Exhibit.pdf
09-00121 Summary Form.pdf
R-09-0081
This Matter was ADOPTED on the Consent Agenda.
CA.3 09-00125 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID
Parks and RECEIVED JANUARY 26, 2009, PURSUANT TO INVITATION FOR BID NO.
Recreation 122066, FROM D' LALY CATERING CORPORATION, THE LOWEST
RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF
SNACKS FOR AFTER SCHOOL PROGRAM, CITYWIDE, ON AN
AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE
(1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS
SOURCES OF FUNDS FROM THE USER DEPARTMENT(S), SUBJECT TO
THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED.
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City Commission
Marked Agenda February 26, 2009
09-00125 Legislation.pdf
09-00125 Summary Form.pdf
09-00125 Award Recommendation.pdf
09-00125 Tabulation Bids.pdf
09-00125 ADDENDUM NO. 1.pdf
09-00125 Invitationfor Bid.pdf
09-00125 Formal Invitation to Bid .pdf
09-00125 Registered Caterer Inf.pdf
09-00125 ADDENDUM NO. 1.pdf
09-00125 Contract Award.pdf
09-00125 Invitation for Bids .pdf
09-00125 Master Host 1.pdf
09-00125 Master Host 2.pdf
09-00125 Check List.pdf
09-00125 Child Care Food Program.pdf
09-00125 State of Florida.pdf
09-00125 Afterschool Snack Program Menu.pdf
09-00125 Invitation to Bid.pdf
09-00125 License.pdf
09-00125 Registered Caterer List for the Child Care Program.pdf
09-00125 Certificate of Liability Insurance.pdf
09-00125 Letter.pdf
09-00125 Certificate of Liability Insurance 2.pdf
09-00125 Inspection Report.pdf
09-00125 Health Inspection.pdf
09-00125 Letter 2.pdf
09-00125 Letter 3.pdf
09-00125 Declaration of Policy. pdf
09-00125 Affirmative Action Plan 2.pdf
09-00125 Declaration of Policy 2.pdf
09-00125 Workforce Analysis.pdf
R-09-0082
This Matter was ADOPTED on the Consent Agenda.
CA.4 09-00144 RESOLUTION
District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO
TomasRegalado THE AMERICAN CANCER SOCIETY, TO CO-SPONSOR THE AMERICAN
CANCER SOCIETY'S RELAY FOR LIFE EVENT TO BE HELD AT
SHENANDOAH PARK, FROM MAY 15, 2009 THROUGH MAY 16, 2009;
ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS
BUDGET, ACCOUNT NO. 001000.921054.6.289; AUTHORIZING THE
WAIVER OF FEES, IN THE AMOUNT OF $320, FOR THE USE OF
SHENANDOAH PARK FROM MAY 15, 2009 THROUGH MAY 16, 2009, FOR
SAID PURPOSE; AUTHORIZING THE WAIVER OF FEES, IN THE AMOUNT
OF $600, FOR THE USE OF THE CITY OF MIAMI'S SNOWMOBILE FOR
SAID EVENT; FURTHER AUTHORIZING THE CITY MANAGER TO GRANT
WAIVERS OF THE NOISE RESTRICTIONS CONTAINED IN SECTIONS
36-4 AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, FROM MAY 15, 2009 THROUGH MAY 16, 2009, FOR SAID
PURPOSE.
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City Commission
Marked Agenda February 26, 2009
09-00144 Legislation.pdf
R-09-0083
This Matter was ADOPTED on the Consent Agenda.
CA.5 09-00170 RESOLUTION
District2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Commissioner WAIVER OF FEES, AS STATED HEREIN, IN THE AMOUNT OF $4,470,
Marc David FOR THE USE OF THE MIAMI ROWING CLUB, ON SATURDAY,
Sarnoff FEBRUARY 21, 2009, FOR THE BLUE BLAZER BANQUET AND ON
SATURDAY, MARCH 07, 2009, FOR THE 36TH ANNUAL MIAMI
INTERNATIONAL REGATTA.
09-00170 Legislation.pdf
R-09-0084
This Matter was ADOPTED on the Consent Agenda.
CA.6 09-00178 RESOLUTION
Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Manny Diaz ATTACHMENT(S), URGING GOVERNOR CHARLIE CRISTAND THE
MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
MIAMI-DADE COUNTY PUBLIC SCHOOLS' 2009 LEGISLATIVE
INITIATIVES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE ELECTED OFFICIALS DESIGNATED HEREIN.
09-00178 Legislation.pdf
09-00178 Exhibit.pdf
R-09-0085
This Matter was ADOPTED on the Consent Agenda.
CA.7 09-00196 RESOLUTION
District4- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE
Commissioner COUNTY TO CODESIGNATE NORTHWEST 37TH AVENUE FROM
Tomas Regalado NORTHWEST 4TH STREET TO NORTHWEST 7TH STREET, MIAMI,
FLORIDA, AS "DR. MORAVIA CAPO AVENUE", FURTHER DIRECTING
THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED OFFICES.
09-00196 Legislation.pdf
R-09-0086
MOVED:
SECONDED:
Tomas Regalado
Marc David Sarnoff
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
City ofMiami Page 7 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
AYES:
ABSENT:
Adopted the Consent Agenda
MOVED:
SECONDED:
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
Angel Gonzalez
Marc David Sarnoff
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
END OF CONSENT AGENDA
City ofMiami Page 8 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PUBLIC HEARINGS
PH.1 09-00128 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS
Fire -Rescue (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF A SOLE SOURCE, PURSUANT TO SECTION
18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES AND APPROVING THE PROCUREMENT OF
MAINTENANCE AND REPAIR SERVICES OF FERNO EMERGENCY
AMBULANCE COTS, FROM MEDCO EQUIPMENT REPAIR, INC., D/B/A
EMSAR OF SOUTH FLORIDA, FOR THE DEPARTMENT OF
FIRE -RESCUE, ON AN AS -NEEDED BASIS, FOR A ONE (1) YEAR
PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL
ONE-YEAR PERIODS, AT A FIRST YEAR COST NOT TO EXCEED
$20,000, WITH THE OPTIONAL ANNUAL INCREASES NOT TO EXCEED
FIVE PERCENT (5%); ALLOCATING FUNDS, FROM THE VARIOUS
SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE
AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME
OF NEED.
10:30 A.M.
09-00128 Legislation.pdf
09-00128 Summary Form.pdf
09-00128 Memo 1.pdf
09-00128 Memo 2.pdf
09-00128 Memo 3.pdf
09-00128 Notice to the Public.pdf
09-00128 Proposal.pdf
09-00128 Appendix A.pdf
09-00128 Models Numbers.pdf
09-00128 Letter.pdf
R-09-0087
MOVED:
SECONDED:
Angel Gonzalez
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
A sign language interpreter translated discussion of Item PH. 2.
PH.2 09-00173 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Community ATTACHMENT(S), AUTHORIZING (i) THE ASSIGNMENT OF THE
Development PURCHASE AND SALE AGREEMENT WITH BISCAYNE HOUSING
GROUP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, (THE
"DEVELOPER"), PURSUANT TO RESOLUTION NO. 09-0022, ADOPTED
City ofMiami Page 9 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
JANUARY 15, 2009, FOR CITY OF MIAMI OWNED REAL PROPERTY
LOCATED AT 400-420 SOUTHWEST 8TH AVENUE AND 430
SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED
IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO TEATRO MARTI
APARTMENTS, LLC., A NEWLY FORMED ENTITY; (ii) THE EXTENSION
OF THE CONSTRUCTION COMMENCEMENT DATE FROM OCTOBER 1,
2009 TO OCTOBER 31, 2009, FOR THE DEVELOPMENT OF A MINIMUM
OF TWENTY-FIVE (25) UNITS; IN THE EVENT THAT DEVELOPER IS
SUCCESSFUL IN OBTAINING FUNDING FROM MIAMI-DADE COUNTY
AND/OR IS AWARDED TAX CREDITS FROM FLORIDA HOUSING
FINANCE CORPORATION, THE CONSTRUCTION COMMENCEMENT
DATE WILL BE EXTENDED TO JUNE 30, 2010, FOR THE DEVELOPMENT
OF A SEVENTY (70) UNIT MIXED -USE, ELDERLY RENTAL HOUSING
PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS FOR SAID PURPOSE.
09-00173 Legislation.pdf
09-00173 Exhibit A.pdf
09-00173 Exhibit B.pdf
09-00173 Summary Form.pdf
09-00173 Aspirational Goals.pdf
09-00173 Attachment 1.pdf
09-00173 Pre Legislation.pdf
09-00173 Pre Legislation 2.pdf
09-00173 Exhibit A 2.pdf
09-00173 Exhibit B2.pdf
09-00173 Purchase and Sales Agreement.pdf
09-00173 Pre Summary Form.pdf
09-00173 Public Notice.pdf
09-00173 E-Mail.pdf
09-00173 Letter.pdf
09-00173 Table of Contents.pdf
09-00173 Property Information.pdf
09-00173 Purchase and Sales Agreement 2.pdf
R-09-0089
MOVED:
Joe Sanchez
SECONDED: Tomas Regalado
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
END OF PUBLIC HEARINGS
City of Miami Page 10 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
RESOLUTION
RE.1 09-00186 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
WEISS, SEROTA, HELFMAN, PASTORIZA, COLE & BONISKE, P.L., FOR
THE REPRESENTATION OF THE CITY OF MIAMI ZONING BOARD AND
THE CITY OF MIAMI COMMISSION IN CONNECTION WITH THE
ADMINISTRATIVE APPEALS OF DENIALS OF BUILDING PERMITS FOR
1700 SOUTHWEST 3RD AVENUE, MIAMI, FLORIDA, ZONING BOARD
CASE NO. 09-00019 AND 1330 NORTHWEST 2ND COURT, MIAMI,
FLORIDA, ZONING BOARD CASE NO. 09-00020; ALLOCATING FUNDS
FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING
THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A
QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO
DATE.
09-00186 Legislation.pdf
09-00186 Cover Memo.pdf
R-09-0079
MOVED:
SECONDED:
Marc David Sarnoff
Angel Gonzalez
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
END OF RESOLUTION
City of Miami Page 11 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PART B: PLANNING AND ZONING ITEMS
The following item(s) shall not be considered before 10:00 am.
PZ.1 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
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
City ofMiami Page 12 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PZ.2
07-00345w
w
DEFERRED
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez,
and was passed unanimously, with Vice Chair Spence -Jones and Commissioner
Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12.
Note for the Record: Items PZ.1 and PZ.2 were deferred to the City Commission meeting
currently scheduled for May 28, 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
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
DEFERRED
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez,
and was passed unanimously, with Vice Chair Spence -Jones and Commissioner
Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12.
City ofMiami Page 13 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
Note for the Record: Items PZ.1 and PZ.2 were deferred to the City Commission meeting
currently scheduled for May 28, 2009.
PZ.3 07-00797Iu ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826, 832
AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541,
551, 561 AND 571 SOUTHWEST 9TH 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.
LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515,
517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe
Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on July 16, 2008 by a vote of 7-2. Also recommended by a vote of 6-3 that if
the City Commission is inclined to approve the Major Use Special Permit
(MUSP), including the Land Use Change with a specific set of plans with no
commercial intrusion into the residential area (as approved in the plans for
MUSP 07-00797mu), the Planning Advisory Board has no objection to the
approval of the Land Use Change. See companion File Ds 07-00797zc and
07-00797mu.
PURPOSE: This will change the above properties to Restricted Commercial
for the proposed La Quinta y La Ocho Major Use Special Permit.
07-007971u Land Use Map.pdf
07-007971u Aerial Map.pdf
07-007971u PAB Resos.PDF
07-007971u CC Analysis.pdf
07-007971u CC Application & Supporting Docs.pdf
07-007971u CC Legislation (Version 2).pdf
07-007971u & 07-00797zc Exhibit A.pdf
07-007971u CC SR 02-26-09 Fact Sheet.pdf
13052
MOVED:
SECONDED:
Tomas Regalado
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
City ofMiami Page 14 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PZ.4
ABSENT:
Commissioner Spence -Jones
07-00797zc ORDINANCE Second 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
"R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL WITH AN "SD-12"
BUFFER OVERLAY DISTRICT TO "C-1" RESTRICTED COMMERCIAL
WITH AN "SD-25" SOUTHWEST 8TH STREET SPECIAL OVERLAY
DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 826,
832 AND 844 SOUTHWEST 5TH AVENUE AND 513, 515, 517, 519, 521,
531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 826, 832 and 844 SW 5th Avenue and 513, 515,
517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street [Commissioner Joe
Sanchez - District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell Square, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended denial to City Commission on February 25,
2008 by a vote of 6-3. See companion File Ds 07-007971u and 07-00797mu.
PURPOSE: This will change the above properties to C-1 Restricted
Commercial with an SD-25 SW 8th Street Special Overlay District for the
proposed La Quinta y La Ocho Major Use Special Permit.
07-00797zc Zoning Map.pdf
07-00797zc Aerial Map.pdf
07-00797zc ZB Reso.PDF
07-00797zc CC Analysis.pdf
07-00797zc CC Application & Supporting Docs.pdf
07-00797zc CC Legislation (Version 2).pdf
07-007971u & 07-00797zc Exhibit A.pdf
07-00797zc CC SR 02-26-09 Fact Sheet.pdf
13053
MOVED:
SECONDED:
Joe Sanchez
Tomas Regalado
Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following
vote.
AYES: Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
ABSENT:
Commissioner Spence -Jones
City ofMiami Page 15 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PZ.5
07-00797m
u
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), 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 LA QUINTA Y LA
OCHO PROJECT, TO BE LOCATED AT APPROXIMATELY 504
SOUTHWEST 8TH STREET; 826, 832 AND 844 SOUTHWEST 5TH
AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561, AND 571
SOUTHWEST 9TH STREET, MIAMI, FLORIDA, SUCH PROJECT TO BE
COMPRISED OF A MIXED -USE MULTIFAMILY -RESIDENTIAL BUILDING
WITH APPROXIMATELY 232 RESIDENTIAL UNITS, APPROXIMATELY
262,340 SQUARE FEET OF RESIDENTIAL FLOOR AREA,
APPROXIMATELY 20,946 SQUARE FEET OF RETAIL FLOOR AREA,
APPROXIMATELY 20,173 SQUARE FEET OF OFFICE FLOOR AREA, AND
APPROXIMATELY 489 TOTAL PARKING SPACES, WITH A MAXIMUM
HEIGHT OF APPROXIMATELY 142 FEET 6 INCHES N.G.V.D.; 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 504 SW 8th Street, 826, 832 and
844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551,
561, and 571 SW 9th Street [Commissioner Joe Sanchez -
District 3]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Brickell
Square, LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with
conditions*.
PLANNING ADVISORY BOARD: Recommended approval
with conditions* to City Commission on July 16, 2008 by a vote
of 5-4, with the additional condition that if the Major Use
Special Permit expires, the City has the right to apply for the
Land Use Change to revert back to "Medium -Density
Multifamily Residential'. See companion File IDs 07-007971u
and 07-00797zc.
*See supporting documentation.
PURPOSE: This will allow the development of the La Quinta y
La Ocho project.
City ofMiami Page 16 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
07-00797mu PAB Reso.PDF
07-00797mu Zoning Map.pdf
07-00797mu Aerial Map.pdf
07-00797mu Projects in the Vicinity Map.pdf
07-00797mu MUSP Book Cover Page.pdf
07-00797mu Table of Contents.pdf
07-00797mu A. Letter of Intent.pdf
07-00797mu B. Applications for MUSP, Amenment to Zoning Atlas & Amendment to Comprehei
07-00797mu C. Zoning Write Up.pdf
07-00797mu D. Legal Description.pdf
07-00797mu E. Aerial.pdf
07-00797mu F. Zoning Atlas Page 37.pdf
07-00797mu G. Project Data Sheet.pdf
07-00797mu H. Warrenty Deeds and Tax Forms.pdf
07-00797mu I. Ownership List and Mailing Labels.pdf
07-00797mu J. State of Florida Corporate Documents.pdf
07-00797mu K. Directory of Project Principals.pdf
07-00797mu L. Project Description.pdf
07-00797mu M. Minority Construction Employment Plan.pdf
07-00797mu N. Sufficiency Letter and Traffic Impact Analysis.pdf
07-00797mu O. Site Utility Study.pdf
07-00797mu P. Economic Impact Study and Environmental Impact Analysis.pdf
07-00797mu Q. Site Plans for Property including Survey and Photos of Property.pdf
07-00797mu Environmental Assessment Report.pdf
07-00797mu Miami -Dade Aviation Department Analysis.pdf
07-00797mu School Board Review Analysis.pdf
07-00797mu Legislation (Version 2).pdf
07-00797mu Exhibit A.pdf
07-00797mu Exhibit B.pdf
07-00797mu CC 02-26-09 Fact Sheet.pdf
R-09-0088
MOVED:
Marc David Sarnoff
SECONDED: Angel Gonzalez
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff and Sanchez
Commissioner Regalado and Spence -Jones
PZ.6 07-00793Iu ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 411
AND 421 NORTHEAST 61 ST STREET, MIAMI, FLORIDA, FROM
"RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL;" MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City of Miami Page 17 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PZ.7
LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): James Robert Robinson and John Assalone, Managers, on
behalf of Lemon City Prop., LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING ADVISORY BOARD: Recommended denial to City Commission
on September 19, 2007 by a vote of 7-0. See companion File ID 07-00793zc.
PURPOSE: This will change the above properties to General Commercial.
07-007931u Analysis.pdf
07-007931u Land Use Map.pdf
07-007931u & 07-00793zc Aerial Map.pdf
07-007931u PAB Reso.PDF
07-007931u Application & Supporting Docs.pdf
07-007931u CC Legislation (Version 2).pdf
07-007931u & 07-00793zc Exhibit A.pdf
07-007931u CC SR 02-26-09 Fact Sheet.pdf
13054
MOVED:
SECONDED:
Angel Gonzalez
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sanchez and Regalado
Commissioner Sarnoff and Spence -Jones
07-00793zc ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING PAGE NO. 14, OF THE ZONING ATLAS OF
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM
C-1 RESTRICTED COMMERCIAL TO C-2 LIBERAL COMMERCIAL, FOR
THE PROPERTIES LOCATED AT APPROXIMATELY 411 AND 421
NORTHEAST 61ST STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
City ofMiami Page 18 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
LOCATION: Approximately 411 and 421 NE 61st Street [Commissioner
Michelle Spence -Jones - District 5]
APPLICANT(S): James Robert Robinson and John Assalone, Managers, on
behalf of Lemon City Prop., LLC
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
ZONING BOARD: Recommended approval to City Commission on
September 8, 2008 by a vote of 5-1. See companion File ID 07-007931u.
PURPOSE: This will change the above properties to C-2 Liberal Commercial.
07-00793zc Analysis.PDF
07-00793zc Zoning Map.pdf
07-00793zc Aerial Map.pdf
07-00793zc Application & Supporting Docs.PDF
07-00793zc Warranty Deed Page 2 of 2.pdf
07-00793zc ZB Reso.PDF
07-00793zc CC Legislation (Version 2).pdf
07-007931u & 07-00793zc Exhibit A.pdf
07-00793zc CC SR 02-26-09 Fact Sheet.pdf
13055
MOVED:
SECONDED:
Angel Gonzalez
Tomas Regalado
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sanchez and Regalado
Commissioner Sarnoff and Spence -Jones
PZ.8 08-00542Iu 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
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 ofMiami Page 19 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
PZ.9
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
08-005421u CC SR 02-26-09 Fact Sheet.pdf
13056
MOVED:
SECONDED:
Angel Gonzalez
Tomas Regalado
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
08-00542zc ORDINANCE 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-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY
3628 NORTHWEST 21 ST COURT, MIAMI, FLORIDA, WITH A COVENANT
TO BE PROFFERED FOR CITY COMMISSION FOR FINAL APPROVAL;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
City ofMiami Page 20 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 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 14,
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
08-005421u & 08-00542zc Exhibit A.pdf
08-00542zc CC Legislation (Version 3).pdf
08-00542zc CC SR 02-26-09 Fact Sheet.pdf
13057
MOVED:
SECONDED:
Angel Gonzalez
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
PZ.10 08-01419zt ORDINANCE Second Reading
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY AMENDING 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
REFERRALS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
City ofMiami Page 2] Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY 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 Police Department Top Areas of Concern.pdf
08-01419zt PAB Reso.pdf
08-01419zt CC Legislation (Version 4).pdf
08-01419zt CC SR 02-26-09 Fact Sheet.pdf
13058
MOVED:
SECONDED:
Tomas Regalado
Marc David Sarnoff
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
PZ.11 09-00022zt 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 ARTICLES 4 AND 9,
SECTION 401, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS"
AND SECTION 934, ENTITLED "COMMUNITY RESIDENTIAL HOMES AND
COMMUNITY BASED RESIDENTIAL FACILITIES", IN ORDER TO ADD
TRANSITIONAL HOUSING AS A CONDITIONAL PRINCIPAL USE FOR R-3
AND MORE LIBERAL DISTRICTS, SUBJECT TO CERTAIN LIMITATIONS,
PROVIDING FOR SPECIAL PERMIT REQUIREMENTS AND CRITERIA;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
City ofMiami Page 22 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on January 21, 2009 by a vote of 8-0.
PURPOSE: This will allow the addition of transitional housing as a conditional
principal use for R-3 and more liberal districts, subject to certain limitations,
providing for special permit requirements and criteria.
Item #1- 09-00022zt- Transitional Housing- PAB_01.21.09.pdf
09-00022zt PAB Reso.pdf
09-00022zt CC Legislation (Version 2).pdf
MOVED:
Marc David Sarnoff
SECONDED: Angel Gonzalez
Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff and Sanchez
Commissioner Regalado and Spence -Jones
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez,
and was passed unanimously, with Vice Chair Spence -Jones and Commissioner
Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12.
Note for the Record: Item PZ.11 was indefinitely deferred.
PZ.12 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, FLORIDA.
City ofMiami Page 23 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
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
DEFERRED
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez,
and was passed unanimously, with Vice Chair Spence -Jones and Commissioner
Regalado absent, to defer items PZ.1, PZ.2, PZ.11 and PZ.12.
Note for the Record: Item PZ.12 was deferred to the City Commission meeting currently
scheduled for April 23, 2009.
PZ.13 08-00872ha RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR
GRANTING THE APPEAL FILED BY ROBERT 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 24 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 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
08-00872ha CC 02-26-09 Fact Sheet.pdf
WITHDRAWN
END OF PLANNING AND ZONING ITEMS
City ofMiami Page 25 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 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 09-00174 DISCUSSION ITEM
DISCUSSION REGARDING THE H2-B SEASONAL VISA PROGRAM.
HOW EXTENSIVE IS THE USE OF THE H2-B VISAS IN MIAMI-DADE
COUNTY? H2-B VISAS ARE ONLY SUPPOSED TO BE ISSUED FOR
SEASONAL WORK AND ONLY WHEN NO LOCAL WORKERS ARE
AVAILABLE.
IS THE DEPARTMENT OF LABOR ACTING RESPONSIBLY?
ARE LOCAL UNEMPLOYED WORKERS AND ARE LOCAL
UNDEREMPLOYED WORKERS LOSING JOB OPPORTUNITIES?
RESOLUTION TO BE DISCUSSED BANNING THE CITY AND/OR CITY
VENDORS AND/OR CITY CONTRACTORS FROM USING WORKERS
IN THE H2-B VISA PROGRAM.
09-00174 E-Mail.pdf
DISCUSSED
Discussion on the item resulted in the resolutions below:
(D2.1) 09-00174a RESOLUTION
A RESOLUTION OF THE CITY OF MIAMI CITY COMMISSION (subject
matter: URGING CONGRESS TO INVESTIGATE MISUSE OF H2-B
SEASONAL VISA PROGRAM; URGING PRESIDENT BARACK OBAMA
TO RESCIND EXECUTIVE ORDER OF FORMER PRESIDENT GEORGE
W. BUSH THAT TOOK AWAY OVERSIGHT.)
R-09-0091
MOVED:
Angel Gonzalez
City ofMiami Page 26 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
SECONDED:
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
(D2.1) 09-00174b RESOLUTION
D3.1 09-00152
A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter:
REQUIRING RESPONDENTS TO RFPS OR NO -BID CONTRACTS TO
DISCLOSE USE OF H2-B SEASONAL VISA PROGRAM TO CITY
MANAGER AND CITY COMMISION PRIOR TO APPROVAL OF USE OF
CONTRACTORS; FURTHER TO INCLUDE THE NUMBER OF LOCAL
WORKFORCE AND IMPORTED WORKFORCE UTILIZED ON JOBS.)
R-09-0092
MOVED:
SECONDED:
Marc David Sarnoff
Tomas Regalado
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff, Sanchez and Regalado
Commissioner Spence -Jones
END OF DISTRICT 2
DISTRICT 3
CHAIR JOE SANCHEZ
DISCUSSION ITEM
DISCUSSION OF REGULATION FEES AND PROCESSES THAT ARE
TOO BURDENSOME TO BUSINESSES.
09-00152 E-Mail.pdf
DISCUSSED
Direction by Chair Sanchez to the City Manager to add the D3.1 discussion item as a
regular item on the agenda of the City Commission meeting currently scheduled for
March 26, 2009.
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER TOMAS REGALADO
END OF DISTRICT 4
DISTRICT 5
City ofMiami Page 27 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
VICE CHAIR MICHELLE SPENCE-JONES
END OF DISTRICT 5
City ofMiami Page 28 Printed on 2/27/2009
City Commission
Marked Agenda February 26, 2009
NON -AGENDA ITEMS
NA.1
09-00214 DISCUSSION ITEM
DISCUSSION BY THE CITY ATTORNEY REQUESTING AN
ATTORNEY -CLIENT SESSION AT THE NEXT CITY COMMISSION
MEETING OF MARCH 12, 2009, AT 2:30 PM, CLOSED TO THE PUBLIC,
FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN THE
CASE OF MIGUEL GUTIERREZ, AS PARENT AND PERSONAL
REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ VS. THE
CITY OF MIAMI, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE
NO.: 06-01722 CA 09.
DISCUSSED
NA.2 09-00209 RESOLUTION
District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $6,000, TO
Angel Gonzalez THE PRESIDIO POLITICO HISTORICO CUBANO, INC., A 501 (C)(3)
FLORIDA NOT FOR PROFIT CORPORATION; ALLOCATING FUNDS, IN
THE AMOUNT OF $5,000, FROM THE DISTRICT 1 BUDGET RESERVE,
AWARD NO. 1345, PROJECT 11-110001, ACCOUNT NO.
15500.114000.882000.0000.00000 AND IN THE AMOUNT OF $1,000,
FROM THE DISTRICT 3 OPERATING BUDGET ACCOUNT NO.
00001.111000.882000.0000.00000.
Motion to Adjourn
09-00209-Legislation. pdf
R-09-0090
MOVED:
SECONDED:
Angel Gonzalez
Marc David Sarnoff
Motion that this matter be ADOPTED PASSED by the following vote.
AYES:
ABSENT:
Commissioner Gonzalez, Sarnoff and Sanchez
Commissioner Regalado and Spence -Jones
A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez,
and was passed unanimously, with Vice Chair Spence -Jones and Commissioner
Regalado absent, to adjourn today's meeting.
City ofMiami Page 29 Printed on 2/27/2009