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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. City ofMiami Page 5 Printed on 2/27/2009 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. City ofMiami Page 6 Printed on 2/27/2009 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