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Home My WebLink AboutCC 2009-08-06 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1,- drove 'Neu R P 0RiTjF isr®n Meeting Agenda Thursday, August 6, 2009 2:00 PM SPECIAL MEETING City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Agenda August 6, 2009 ANY PERSON WHO ACTS AS A LOBBYIST PURSUANT TO CITY OF MIAMI ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE, MUST REGISTER WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, AND COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON OR ENTITY REQUESTING APPROVAL, RELIEF OR OTHER ACTION FROM THE CITY COMMISSION OR ANY OF ITS BOARDS, AUTHORITIES, AGENCIES, COUNCILS OR COMMITTEES CONCERNING ANY ISSUE, SHALL DISCLOSE IN WRITING, AT THE COMMENCEMENT (OR CONTINUANCE) OF THE HEARING(S) ON THE ISSUE THE FOLLOWING INFORMATION: 1. WHETHER ANY CONSIDERATION HAS BEEN PROVIDED OR COMMITTED, DIRECTLY, OR ON ITS BEHALF, TO ANY ENTITY OR PERSON FOR AN AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION TO THE REQUESTED APPROVAL, RELIEF OR ACTION; 2. TO WHOM THE CONSIDERATION HAS BEEN PROVIDED OR COMMITTED; 3. THE NATURE OF THE CONSIDERATION, AND 4. A DESCRIPTION OF WHAT IS BEING REQUESTED IN EXCHANGE FOR THE CONSIDERATION. THE DISCLOSURE FORM WHICH IS AVAILABLE FROM THE CITY CLERK MUST BE READ INTO THE RECORD BY THE REQUESTING PERSON OR ENTITY PRIOR TO SUBMISSION TO THE SECRETARY/CLERK OF THE RESPECTIVE BOARD. PURSUANT TO SECTION 4(g)(5) OF THE CHARTER OF MIAMI, FLORIDA, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BY A FOUR -FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING IMPERTINENT OR SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT. NO CLAPPING, APPLAUDING, HECKLING OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING, AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL, AT MIAMI RIVERSIDE CENTER, OR ON-LINE AT WWW.MIAMIGOV.COM. ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD City ofMiami Page 2 Printed on 7/30/2009 City Commission Meeting Agenda August 6, 2009 APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE PRESIDING OFFICER. * * * * * * Formal action may be taken on any item discussed or added to this Agenda. Any person, or persons, wishing to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, will require a verbatim record of the proceeding upon which the appeal is based. Any person with a disability requiring auxiliary aids and services for meetings may call the City Clerk's Office, 250-5360, with requests at least two business days before the meeting date. * * * * * * * * * * * * * * * * * * * * * The City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings shall adjourn (a) at the conclusion of deliberation of the agenda item being considered at 10:00 p.m., unless the time is extended by unanimous agreement of the members of the City Commission then present or (b) at the conclusion of the regularly scheduled agenda, whichever occurs first. This rule does not apply when the City Commission is engaged in its annual budget hearings (Ordinance 12586). City ofMiami Page 3 Printed on 7/30/2009 City Commission Meeting Agenda August 6, 2009 2:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE SP.1 06-02095 ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE", INCLUDING DEFINITIONS, GENERAL PROVISIONS WHICH ALSO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE ENTIRE CITY OF MIAMI, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCONFORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000, AS APPLICABLE, AND REPLACING IT WITH THE MIAMI 21 CODE; PROVIDING FOR A SEVERABILITY CLAUSE AND 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. MIAMI RIVER COMMISSION: On March 5, 2007, unanimously found the draft "Miami 21" East Quadrant to be consistent with the Miami River Corridor Urban Infill Plan, subject to conditions*. Also, on January 5, 2009, by a vote of 11-0, found the revised draft "Miami 21" to be consistent with the Miami River Corridor Urban Infill Plan and the Miami River Greenway Action Plan, subject to conditions*. PLANNING ADVISORY BOARD (PAB): Recommended approval with conditions* of the Miami 21 Code and East Quadrant to City Commission on April 18, 2007 by a vote of 7-2. The PAB also recommended approval with conditions* to City Commission on December 17, 2008 of revisions to the Miami 21 Code since the April 18, 2007 vote. On January 7, 2009, the PAB also recommended approval with conditions* of the Miami 21 Atlas on each of the three remaining quadrants (North, West and South). *See supporting documentation. PURPOSE: This will adopt the new "Miami 21 Code" and the "Miami 21 Atlas" for the entire City of Miami. 06-02095 PAB 04-18-07 Reso.PDF 06-02095 PAB 12-17-08 Resos.pdf 06-02095 Miami River Commission Recommendations.pdf 06-02095 PAB 01-07-09 Resos.pdf 06-02095 CC FR Legislation (Version 4).pdf 06-02095 Exhibit A (Miami 21 Code).pdf 06-02095 Exhibit B (Miami 21 Atlas).pdf 06-02095 CC FR 08-06-09 Fact Sheet.pdf DATE: ACTION: JUNE 28, 2007 DEFERRED City of Miami Page 4 Printed on 7/30/2009 City Commission Meeting Agenda August 6, 2009 DATE: ACTION: SEPTEMBER 27, 2007 INDEFINITELY DEFERRED City ofMiami Page 5 Printed on 7/30/2009 City Commission Meeting Agenda August 6, 2009 SP.2 08-01315ct ORDINANCE FIRST 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 MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND 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. PLANNING ADVISORY BOARD: Recommended approval to City Commission on January 7, 2009 by a vote of 5-4. PURPOSE: This will modify, add and delete Land Use designations within the interpretation of the 2020 Future Land Use Map section of the Future Land Use Element; and change the 2020 Future Land Use Map designations of specific properties in accordance with the Miami 21 Atlas. 08-01315ct Analysis.pdf 08-01315ct Miami -Dade County Public School Concurrency.pdf 08-01315ct PAB 01-07-09 Reso.pdf 08-01315ct CC FR Legislation (Version 3).pdf 08-01315ct Exhibit A (Miami 21 Land Use Map).pdf 08-01315ct CC FR 08-06-09 Fact Sheet.pdf City of Miami Page 6 Printed on 7/30/2009 City Commission Meeting Agenda August 6, 2009 SP.3 08-01407zt ORDINANCE FIRST READING AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO REFLECT THE PROVISIONS AND LANGUAGE OF THE MIAMI 21 CODE; TO CREATE A PROCESS FOR THE TRANSFER OF DEVELOPMENT RIGHTS FOR HISTORIC RESOURCES THROUGH THE PUBLIC BENEFITS PROGRAM; TO CREATE ADDITIONAL DEFINITIONS; AND TO ESTABLISH PROVISIONS FOR THE GRANTING OF EXCEPTIONS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; 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: 1) On June 26, 2008, the Miami City Commission adopted Ordinance No. 13008, codified as § 23-6 of the Miami City Code concerning transfers of development rights for historic resources, thereby instituting the provisions for the Transfer of Development Rights for Historic Resources and establishing provisions for the sale of unused base development rights in the MiMo/Biscayne Boulevard Historic District; 2) This amendment would further the intent of the Transfer of Development Rights provisions establishing a market for the sale of Unused Base Development Rights through the Miami 21 Public Benefits Program. 08-01417zt CC Legislation (Version 1).pdf 08-01417zt CC FR 08-06-09 Fact Sheet.pdf City ofMiami Page 7 Printed on 7/30/2009