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HomeMy WebLinkAboutCC 2010-04-22 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Thursday, April 22, 2010 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.2 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 10:00 A.M.-Earth Day 2010 PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. Cliff' 0,011611171 Page 1 Punted on 4/28.'2010 City Commission Marked Agenda April 22, 2010 MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS 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 4/28/2010 City Commission Marked Agenda April 22, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 22nd day of April 2010, 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 Marc David Sarnoff at 9:34 a.m, recessed at 12:27 p.m., reconvened at 2:34 p.m., recessed at 4:39 p.m., reconvened at 5:06 p.m., and adjourned at 7:07 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos Migoya, City Manager Pamela L. Latimore, Assistant City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 10-00506 MAYORAL VETOES Honoree Presenter Protocol Item Fire Chief Mayor Regalado Certificate of Joseph R. Appreciation Fernandez Arbor Day Commissioner Proclamation Tree Planting Suarez in Flagami & Mayor Regalado Liberty City Commissioner Certificates of Trust Board Dunn Appreciation Members Gail Birks Patricia Duncan Zarifa Brown Reynolds 10-00506 Protocol.pdf PRESENTED 1. Mayor Regalado paid tribute to Nino Pernetti and Leslie Eisenberg for their humanitarian contributions in reducing the pain and suffering of an international visitor wounded while visiting the City of Miami. 2. Mayor Regalado presented a Certificate of Appreciation to Assistant Fire Chief Joseph R. Fernandez in recognition of his twenty-five years of service and dedication in Fire -Rescue, and applauded his commitment to quality of life issues during his service to the people of Miami. 3. Commissioner Suarez presented a Proclamation in honor of Arbor Day Miami 2010, whereby the National Arbor Day Foundation has designated the City of Miami for the third consecutive year as Tree City USA, confirming the significance of the City's implementation of the Green Miami Campaign that encourages neighborhood groups and individuals to plant trees and improve the urban canopy and supports the City's goal of increasing its tree canopy by 30% within the next 10 years. (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.) City of Miami Page 3 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Planning and Zoning Meeting of March 25, 2010 Supplemental Agenda Meeting of March 25, 2010 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion to APPROVED PASSED by the following vote. AYES: ORDER OF THE DAY Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF APPROVING MINUTES CA.1 RESOLUTION 10-00409 Department of Public Works CA.2 CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 5/US-1, FROM STATE ROAD 9A/I-95 TO SOUTH MIAMI AVENUE, MIAMI, FLORIDA. 10-00409 Legislation. pdf 10-00409 Exhibit.pdf 10-00409 Summary Form.pdf R-10-0167 This Matter was ADOPTED on the Consent Agenda. RESOLUTION 10-00408 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Department of MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED Police FORM, TO ACCEPT REIMBURSEMENT FOR PRE -APPROVED OVERTIME COSTS AND OTHER EXPENSES INCURRED BY MEMBERS OF THE CITY OF MIAMI POLICE DEPARTMENTS SPECIAL INVESTIGATIONS SECTION, ASSIGNED TO ASSIST THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, EFFECTIVE UNTIL SEPTEMBER 30, 2014; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT OF FUNDS. City ofMiami Page 4 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00408 Legislation. pdf 10-00408 Exhibit.pdf 10-00408 Summary Form.pdf R-10-0168 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: Frank Carollo Francis Suarez Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA City of Miami Page 5 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PUBLIC HEARING PH.1 RESOLUTION 10-00010 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Department of AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, Capital AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, Improvements PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, Program FLORIDA, AS AMENDED ("CITY CODE"); WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, FOR THE PROCUREMENT OF A PREVIOUSLY INSTALLED FURNITURE PACKAGE AND FURNITURE ELECTRICAL INFRASTRUCTURE, IN THE AMOUNT OF $1,255,038, AS AN EMERGENCY PROCUREMENT; FURTHERMORE, WAIVING COMPETITIVE SEALED BIDDING PROCEDURES PURSUANT TO SECTION 18-85 OF THE CITY CODE AND FLORIDA STATUTES 255.0525 AND 255.20, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, FOR FORTHCOMING, NON -EMERGENCY ADDITIONAL WORK, INCLUDING A SWITCHGEAR UPGRADE, TECHNOLOGY BOARDS, MEMORIAL SIGNS, AND TACTICAL TRAINING MATS, IN AN AMOUNT NOT TO EXCEED $165,912; AUTHORIZING THE CITY MANAGER THE PROCUREMENT AND PAYMENT FOR BOTH THE EMERGENCY AND NON -EMERGENCY CITY OF MIAMI REQUESTED ADDITIONAL WORK, FOR THE POLICE COLLEGE AND LAW ENFORCEMENT HIGH SCHOOL PROJECT, TO PIRTLE CONSTRUCTION COMPANY, INC., IN THE TOTAL NOT TO EXCEED AMOUNT OF $1,420,950; ALLOCATING FUNDS FROM AWARD NOS. 1261, 1496, 1095, AND PUBLIC SAFETY CAPITAL FUND 32000, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED. 10-00010 Legislation 4-22-10.pdf 10-00010 Exhibit.pdf 10-00010 Exhibit 2.pdf 10-00010 Summary Form.pdf 10-00010 Memo of Public Hearing.pdf 10-00010 Notice of Public Hearing.pdf 10-00010 Emergency Waiver Memo.pdf R-10-0169 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PUBLIC HEARING City ofMiami Page 6 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 ORDINANCE - SECOND READING SR.1 ORDINANCE Second Reading 08-00687 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF Department of MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION Employee Relations AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO INCREASE THE PERCENTAGE OF PERMISSIBLE INVESTMENTS; REMOVE THE LIMITATIONS ON INVESTMENTS IN EURODOLLAR SECURITIES AND FOREIGN CREDITS; AMEND AND UPDATE THE ORDINANCE LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-254, 40-255 AND 40-266 RELATED TO CREDIT FOR CONTINUOUS SERVICE AS A NONMEMBER; ACCIDENTAL DISABILITY RETIREMENT; SERVICE INCURRED DISABILITY; AND TRANSFER OF ACCUMULATED LEAVE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation 3-11-10 FR/SR.pdf 08-00687 Summary Form 12-17-09 FR/SR.pdf 08-00687 Actuarial 12-17-09 FR/SR.pdf 08-00687 Cost Impact 12-17-09 FR/SR.pdf 08-00687 Reduction Factors 12-17-09 FR/SR.pdf 08-00687 Actuarial Impact 12-17-09 FR/SR.pdf 08-00687 Cost Impact 2 12-17-09 FR/SRpdf 08-00687 Memo 12-17-09 FR/SR.pdf 08-00687-Submittal-Charlie Cox.pdf 08-00687-E-mail-Pension- Union Negotiations Update April 22, 2010.pdf 08-00687-Memo-City Manager.pdf 13154 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: NOES: Commissioner(s) Carollo, Gort and Dunn II Commissioner(s) Sarnoff and Suarez END OF SECOND READING ORDINANCE City of Miami Page 7 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 FR.1 ORDINANCES - FIRST READING ORDINANCE First Reading 10-00179 AN ORDINANCE OF THE MIAMI CITY COMMISSION GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND City Manager's ASSIGNS, AN ELECTRIC FRANCHISE; IMPOSING PROVISIONS AND Office CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENTS TO THE CITY OF MIAMI DURING A TERM OF 30 YEARS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. FR.2 10-00497 District 5 - Commissioner Richard Dunn II 10-00179 Summary Form.pdf 10-00179-Legislation SUB -Version 3.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Richard Dunn II Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO REQUIREMENTS OF FOUR -FIFTHS (4/5THS) VOTES AMENDING CHAPTER 2/ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST, MORE PARTICULARLY BY AMENDING SECTION 2-614, ENTITLED "WAIVER OF REQUIREMENTS OF ARTICLE", ARTICLE XI/SECTION 2-884, ENTITLED "BOARDS, COMMITTEES, COMMISSIONS/MEMBERSHIP ON BOARDS:" CHAPTER 18/ARTICLE III ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE, MORE PARTICULARLY BY AMENDING SECTIONS 18-85, 18-89, 18-90 AND 18-92 AND CHAPTER 38/ARTICLE VI, ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST, MORE PARTICULARLY AMENDING SECTION 38-233 TO CLARIFY THE DEFINITION OF THE FOUR -FIFTHS (4/5THS) VOTE REQUIREMENT FOR ALL SECTIONS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00497 Legislation.pdf MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II FR.3 ORDINANCE First Reading 10-00488 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING City ofMiami Page 8 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE.), BY AMENDING DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD,"TO UPDATE THE MEMBERSHIP COMPOSITION, THE QUORUM REQUIREMENTS, AND THE REMOVAL OF MEMBERS; MORE PARTICULARLY BY AMENDING SECTIONS 2-1251 AND 2-1254 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR:CHAIRMAN SARNOFF 10-00488 Legislation. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF FIRST READING ORDINANCES City ofMiami Page 9 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 RE.1 RESOLUTION 10-00107b RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING IN ITS ENTIRETY RESOLUTION NO. 10-0164, ADOPTED APRIL 8, 2010, RELATING TO THE FORMATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT ("MIMO BID"); FURTHER ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE MIMO BID AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FIVE (5) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. SPONSOR:CHAIRMAN SARNOFF 10-00107b Legislation.pdf 10-00107b Exhibit.pdf 10-00107b Exhibit 2.pdf 10-00107b Exhibit 3.pdf 10-00107b-PowerPoint Presentation -Affiliated Computer Services Inc .pdf R-10-0170 MOVED: SECONDED: UNANIMOUS Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.2 RESOLUTION 10-00262a City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT, WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN SUBSTANTIALLY THE ATTACHED FORM; AUTHORIZING THE CITY OF MIAMI TO ISSUE A LIMITED NOTICE TO PROCEED PRIOR TO THE SALE OF THE SPECIAL OBLIGATION PARKING REVENUE BONDS FOR CERTAIN CONSTRUCTION SERVICES, INCLUDING BUT NOT LIMITED TO THOSE DETAILED IN "ATTACHMENT F", ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $4,000,000 OF THE APPROVED City of Miami Page 10 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 RE.3 10-00318a Department of Purchasing GUARANTEED MAXIMUM PRICE OF $75,000,000 ("GMP"), RESULTING IN NO CHANGE TO THE GMP; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NOS. B-30648 AND B-30153J. 10-00262a Legislation.pdf 10-00262a Exhibit.pdf 10-00262a Exhibit 2.pdf 10-00262a Summary Form.pdf 10-00262a Text File Report.pdf 10-00262a Text File Report 2.pdf R-10-0172 MOVED: SECONDED: UNANIMOUS Frank Carollo Wifredo (Willy) Gort Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICER'S DECISION TO DENY THE PROTEST OF ACS STATE & LOCAL SOLUTIONS, INC. , AND TO CONTINUE TO UPHOLD THE PROTEST OF AMERICAN TRAFFIC SOLUTIONS , PURSUANT TO RESOLUTION NO. 10-0110, ADOPTED MARCH 11, 2010. 10-00318a Legislation V1.pdf 10-00318a-SUB-Legislation-Version 2 pdf.pdf 10-00318aSubmittal-Glenn Marcos, Purchasing Director.pdf MOVED: Frank Carollo SECONDED: Richard Dunn II Motion that this matter be ADOPTED FAILED by the following vote. AYES: NOES: Commissioner(s) Carollo and Dunn II Commissioner(s) Gort, Sarnoff and Suarez A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to reject all proposals for RFP No. 119057 (Traffic Safety Camera Program) and direct the City Manager to issue a new RFP that is clear and ensures competition and that an outside expert not be hired to assist with the new RFP. END OF RESOLUTIONS City of Miami Page 11 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 BC.1 RESOLUTION 10-00308 Office of the City Clerk BOARDS AND COMMITTEES A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Sean N. Moy Seat #1 Michael T. Dames Seat #2 APPOINTEES: NOMINATED BY: Miguel de la 0 Commission -At -Large Gerald Silverman Commission -At -Large Joseph Kaplan Commission -At -Large 10-00308 CSB CCMemo.pdf 10-00308 CSB Memo Board Appointments.pdf 10-00308 CSB Current_Board_Members.pdf R-10-0176 MOVED: SECONDED: Wifredo (Willy) Gort Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez A motion was made by Commissioner Gort , seconded by Vice Chairman Carollo, and was passed unanimously, with Commissioner Suarez absent, to confirm the two elected candidates from the Civil Service Board Election. A motion was made by Commissioner Gort , seconded by Vice Chairman Carollo, and was passed unanimously, with Commissioner Suarez absent, to appoint Joseph Kaplan, Miguel de la 0, and Gerald Silverman as members of the Civil Service Board. END OF BOARDS AND COMMITTEES City of Miami Page 12 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10:00 A.M. DI.1 10-00498 DISCUSSION ITEMS DISCUSSION ITEM IN HONOR OF EARTH DAY 2010 CHAIRMAN MARC D. SARNOFF WOULD LIKE TO DISCUSS THE FOLLOWING: THE DISTRICT 2 OFFICE WOULD LIKE TO MOVE FORWARD WITH CONTAINER DEPOSIT LEGISLATION THAT BENEFITS THE CITY, THE COUNTY AND ULTIMATELY THE STATE. THE CITY OF MIAMI RANKS NUMBER 71 OUT OF 72 CITIES FOR RECYCLING IN THE US. (SEE SPECIFIC ITEM.) THE DISTRICT 2 OFFICE WITH THE OFFICE OF THE MAYOR, THE DEPARTMENT OF SUSTAINABLE INITIATIVES AND THE GRANTS DEPARTMENT ARE PURSUING VARIOUS GREEN ENERGY AND ENVIRONMENTAL PROGRAMS. IN CONJUNCTION WITH THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT (BID), THE DISTRICT 2 OFFICE IS RESEARCHING SOLAR POWERED TRASH COMPACTORS. THESE WASTE CANS ENABLE THE CITY DEPARTMENT OF SOLID WASTE TO MAKE FEWER (OR LIGHTER) TRASH PICKUPS, SAVING EXPENSE AND FUEL. THROUGH PROPOSED AD PANELS, LABOR AND FUEL SAVINGS AND PRIVATE FINANCING THESE COMPACTORS CAN BE INSTALLED AT ZERO OR LOW UPFRONT COST TO THE CITY AND AFTER 2 TO 4 YEARS THEY MIGHT ACTUALLY GENERATE REVENUE FOR THE CITY. IN ADDITION, THE DISTRICT 2 OFFICE, THE OFFICE OF THE MAYOR, THE DEPARTMENT OF SUSTAINABLE INITIATIVE AND THE GRANTS DEPARTMENT ARE EXPLORING SOLAR POWER AND VERTICAL WIND TURBINES BEING INSTALLED ON CITY GARAGES AND ON OTHER CITY PROPERTIES. THERE IS THE POSSIBILITY THAT THERE IS NO UPFRONT COST TO THE CITY. THEY ARE INSTALLED USING PRIVATE MONEY AND THROUGH FEDERAL GRANTS, RESULTING IN A SAVINGS TO THE CITY ON OUR ENERGY BILLS AS WELL AS THE OBVIOUS ENVIRONMENTAL BENEFITS. THE DISTRICT 2 OFFICE WOULD WELCOME A DISCUSSION ABOUT "FREE PARKING FOR ELECTRIC VEHICLES." THIS CONCEPT CAN BE IMPLEMENTED IMMEDIATELY THROUGHOUT THE CITY FOR 100% ELECTRIC VEHICLES. OUR OFFICE IS RESEARCHING PRIVATE/PUBLIC PARTNERSHIPS FOR SOLAR POWERED CHARGING STATIONS FOR THESE ELECTRIC VEHICLES. ONCE AGAIN, THERE IS NO UPFRONT COST TO THE CITY. THESE STATIONS WOULD BE INSTALLED BY PRIVATE CORPORATIONS WITH A REVENUE SHARING PROGRAM. THE DISTRICT 2 OFFICE WOULD LIKE TO SHARE SOME POSITIVE INFORMATION FOR BICYCLISTS IN OUR CITY. WE ARE NOW RANKED City of Miami Page 13 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 DI.2 10-00265a Office of Strategic Planning, Budgeting, and Performance 44 OUT OF THE TOP 50 CYCLING CITIES IN THE US. PREVIOUSLY, WE FAILED TO RANK IN THE TOP 100 CITIES. WE HAVE MUCH WORK TO DO BUT WITH THE SUPPORT OF THE MAYOR AND MANY CITY DEPARTMENTS WE ARE HEADED IN THE RIGHT DIRECTION. IT IS IN HONOR OF THE 40TH ANNIVERSARY OF EARTH DAY. 10-00498 Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to review City of Miami contracts with vendors to determine if the City can allow BigBelly Solar to advertise on their trash/recycling containers, and in return BigBelly Solar would provide their containers to the City at no cost. DISCUSSION ITEM A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY 2010 BUDGET. 10-00265a Summary Form.pdf DISCUSSED DI.3 DISCUSSION ITEM 10-00500 DISCUSSION RELATED TO APPOINTING DIFFERENT COMMISSIONERS TO CHAIR EACH OF THE THREE SEPARATE CRAS. 10-00500 Discussion Page.pdf MOVED: SECONDED: UNANIMOUS Richard Dunn II Francis Suarez Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF DISCUSSION ITEMS City of Miami Page 14 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 09-00029xt A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING AN EXTENSION OF TIME FOR A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW A SURFACE PARKING LOT TO SERVE THE ABUTTING PROPERTY, SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 550 NORTHWEST 42ND AVENUE AND 4227 NORTHWEST 5TH STREET, MIAMI, FLORIDA. LOCATION: Approximately 550 NW 42nd Avenue and 4227 NW 5th Street [Commissioner Francis Suarez - District 4] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of American Welding Society, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended approval of the extension of time and approval with conditions* of the original request. *See supporting documentation. PURPOSE: This will allow an extension of time to allow a surface parking lot to serve the abutting property. 09-00029xt Extension of Time Letter of Intent.pdf 09-00029xt CC R-09-0202.pdf 09-00029xt Analysis.pdf 09-00029xt Zoning Map.pdf 09-00029xt Aerial Map.pdf 09-00029xt Miami 21 Map.pdf 09-00029xt Original ZB Reso.pdf 09-00029xt Letter of Intent.pdf 09-00029xt Application & Supporting Documents. pdf 09-00029xt Plans.pdf 09-00029xt CC Legislation (Version 1).pdf 09-00029xt Exhibit A.pdf 09-00029xt CC 04-22-10 Fact Sheet.pdf R-10-0171 MOVED: SECONDED: UNANIMOUS Wifredo (Willy) Gort Richard Dunn II City of Miami Page 15 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.2 RESOLUTION 08-01 084xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 612, "SD-12" SPECIAL BUFFER OVERLAY DISTRICTS, CONDITIONAL ACCESSORY USES, TO ALLOW SURFACE PARKING TO SERVE ABUTTING DISTRICT, SUBJECT TO ALL APPLICABLE CRITERIA; WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO CONDITIONS, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2508, 2524, 2534, 2538, 2590, 2600, 2610 AND 2620 SOUTHWEST 5TH STREET AND THREE UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0280, 01-4103-037-0430 AND 01-4103-037-0431, MIAMI, FLORIDA. LOCATION: Approximately 2508, 2524, 2534, 2538, 2590, 2600, 2610 and 2620 SW 5th Street and Three Unassigned Addresses, Having Folio Numbers 01-4103-037-0280, 01-4103-037-0430 and 01-4103-037-0431 [Commissioner Frank Carollo - District 3] APPLICANT(S): Gilberto Pastoriza, Esquire, and Estrellita Sibila, Esquire, on behalf of The District Board of Trustees of Miami -Dade Community College, Florida FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. ZONING BOARD: Recommended approval with a condition* to City Commission on April 12, 2010 by a vote of 5-0. *See supporting documentation. PURPOSE: This will allow surface parking. 08-01084xc Analysis.pdf 08-01084xc Zoning Map.pdf 08-01084xc Aerial Map.pdf 08-01084xc Miami 21 Map.pdf 08-01084xc Letter of Intent.pdf 08-01084xc Application & Supporting Docs.pdf 08-01084xc Plans.pdf 08-01084xc CC Legislation (Version 2).pdf 08-01084xc Exhi bit A.pdf 08-01084xc CC 04-22-10 Fact Sheet.pdf R-10-0173 MOVED: SECONDED: Frank Carollo Wifredo (Willy) Gort City of Miami Page 16 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II PZ.3 RESOLUTION 08-00576xc1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES IN THE "PR" DISTRICT, TO ALLOW THE CONSTRUCTION OF A GOLF TRAINING CENTER, 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 1802 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA. LOCATION: Approximately 1802 NW 37th Avenue [Commissioner Wifredo (Willy) Gort - District 1] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. ZONING BOARD: Recommended approval with conditions* to City Commission on February 8, 2010 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the construction of a golf training center at Melreese Golf Course. 08-00576xc1 CC Analysis.pdf 08-00576xc1 Zoning Map.pdf 08-00576xc1 Aerial Map.pdf 08-00576xc1 Miami 21 Map.pdf 08-00576xc1 Application & Supporting Docs.pdf 08-00576xc1 Plans.pdf 08-00576xc1 ZB Reso.pdf 08-00576xc1 CC Legislation (Version 3).pdf 08-00576xc1 Exhibit 1.pdf 08-00576xc1 Exhibit A.pdf 08-00576xc1 CC 04-22-10 Fact Sheet.pdf R-10-0174 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II City of Miami Page 17 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PZ.4 09-01299Iu PZ.5 ABSENT: Commissioner(s) Carollo 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 REAL PROPERTIES LOCATED AT APPROXIMATELY 3679 AND 3681 SOUTHWEST 25TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3679 and 3681 SW 25th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge A. Lima, Esquire, on behalf of Madrid Restaurant, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on December 2, 2009 by a vote of 9-0. See companion File ID 09-01299zc. PURPOSE: This will change the above properties to "Restricted Commercial'. 09-012991u Analysis.pdf 09-012991u Land Use Map.pdf 09-012991u Aerial Map.pdf 09-012991u Miami -Dade County School Board Concurrency.pdf 09-012991u PAB Reso.pdf 09-012991u Application & Supporting Documents.pdf 09-012991u CC Legislation (Version 2).pdf 09-012991u & 09-01299zc Exhibit A.pdf 09-012991u CC SR 04-22-10 Fact Sheet.pdf 09-012991u-Submittal-Elvis Cruz.pdf 13155 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo ORDINANCE Second Reading 09-01299zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH City of Miami Page 18 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PZ.6 09-01131 ct ATTACHMENT(S), AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3679 AND 3681 SOUTHWEST 25TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3679 and 3681 SW 25th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Jorge A. Lima, Esquire, on behalf of Madrid Restaurant, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on January 11, 2010 by a vote of 5-0. This Zoning Change is recommended for approval based on the representation of counsel that a covenant, consistent with the parameters of "SD-12", will be proffered to the Miami City Commission. See companion File ID 09-012991u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. The applicant will proffer a covenant for these properties. 09-01299zc Analysis.pdf 09-01299zc Zoning Map.pdf 09-01299zc Aerial Map.pdf 09-01299zc Miami21 Map.pdf 09-01299zc Letter of Intent.pdf 09-01299zc Application & Supporting Docs.pdf 09-01299zc Survey.pdf 09-01299zc ZB Reso.pdf 09-012991u & 09-01299zc Exhibit A.pdf 09-01299zc CC Legislation (Version 3).pdf 09-01299zc CC SR 04-22-10 Fact Sheet.pdf 09-01299zc-Submittal-Elvis Cruz.pdf 13156 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF City of Miami Page 19 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PZ.7 10-00316zt MIAMI, FLORIDA, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE NATURAL GROUND WATER, POTABLE WATER, NATURAL RESOURCE CONSERVATION, CAPITAL IMPROVEMENTS AND INTERGOVERNMENTAL COORDINATION ELEMENTS; INCORPORATING A 20-YEAR WATER SUPPLY FACILITIES WORK PLAN, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on November 4, 2009 by a vote of 9-0. PURPOSE: This will amend the goals, objectives and policies of the Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements and incorporate the City's 20-Year Water Supply Facilities Work Plan into the City's Comprehensive Plan as required by Chapter 163, Part II, F.S. 09-01131ct Backup Documents. pdf 09-01131 ct PAB Reso.pdf 09-01131ct CC Legislation (Version 4).pdf 09-01131 ct Exhibit A - NEW.pdf 09-01131ct CC SR 04-22-10 Fact Sheet.pdf 13157 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez ORDINANCE Second 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 INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN SINGLE FAMILY AND DUPLEX RESIDENTIAL (SUB -URBAN) ZONES, AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, LODGING, MUSEUMS AND PRIVATE CLUBS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE City ofMiami Page 20 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT: Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the Historic and Environmental Preservation Board to grant exclusions for Cultural Facilities' use in Single Family and Duplex Residential (Sub -Urban) zones and to grant Exceptions for professional offices, lodging, museums and private clubs, except in Single Family and Duplex (Sub -Urban) zones, through the Certificate of Appropriateness process, when the result leads to the preservation of a significant historic structure. 10-00316zt CC Legislation (Version 3).pdf 10-00316zt CC SR 04-22-10 Fact Sheet.pdf MOVED: Francis Suarez SECONDED: Richard Dunn II Motion that this matter be ADOPTED FAILED by the following vote. AYES: NOES: ABSENT: Commissioner(s) Suarez and Dunn II Commissioner(s) Gort and Sarnoff Commissioner(s) Carollo MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: NOES: ABSENT: Commissioner(s) Gort, Suarez and Dunn II Commissioner(s) Sarnoff Commissioner(s) Carollo MOVED: SECONDED: Wifredo (Willy) Gort Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 2] Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 ABSENT: Commissioner(s) Carollo Note for the Record: Item PZ.7 was deferred to the City Commission meeting currently scheduled for May 13, 2010. PZ.8 RESOLUTION 09-00800x A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD AND THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 924.11, TO ALLOW EXTENSIONS OF DOCKS AND PIERS INTO WATERWAYS EXTENDING MORE THAN 35 FEET IN LENGTH, FOR THE PROPERTY LOCATED AT APPROXIMATELY 3300 SOUTH MOORINGS WAY, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, CONDITIONS SET FORTH, AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 3300 S Moorings Way [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Bruce G. Hermelee, Esquire, on behalf of The Moorings Property Owners Association, Inc., Lawrence D. Tornek and Gerald Kelfer, Residents APPLICANT(S): Richard A. Brunnell, President, on behalf of SkyScrapper, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval of the original request. ZONING BOARD: Granted the Special Exception with conditions* on October 19, 2009 by a vote of 9-0. *See supporting documentation. PURPOSE: The approval of this appeal will not allow extensions of docks and piers with more than 35 feet into waterways. 09-00800x Analysis.pdf 09-00800x Zoning Map.pdf 09-00800x Aerial Map.pdf 09-00800x Application & Supporting Docs.pdf 09-00800x Plans.pdf 09-00800x ZB Reso.pdf 09-00800x Appeal Letter.pdf 09-00800x CC Legislation (Version 3).pdf 09-00800x CC Legislation (Version 4).pdf 09-00800x Exhibit A.pdf 09-00800x 04-22-10 Fact Sheet.pdf 09-00800x-Submittal-Tony Recio.pdf MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort City ofMiami Page 22 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.9 RESOLUTION 09-00565ha1 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY PATRA LIU AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI , FLORIDA, WHICH DENIED A CERTIFICATE OF APPROPRIATENESS FOR THE PARTIAL DEMOLITION AND NEW CONSTRUCTION OF 811 NORTHWEST 7TH STREET ROAD, WHICH IS A CONTRIBUTING RESOURCE LOCATED IN THE SPRING GARDEN HISTORIC DISTRICT, MIAMI, FLORIDA, AFTER FINDING THE PROPOSED WORK IS CONSISTENT WITH THE HISTORIC AND ARCHITECTURAL CHARACTER OF THE BUILDING IN TERMS OF SIZE, SCALE, DESIGN, AND MATERIALS AND DOES COMPLY WITH THE SECRETARY OF INTERIOR'S "STANDARDS FOR REHABILITATION OF HISTORIC STRUCTURES". 09-00565ha1 HEPB 11-03-09 Fact Sheet.pdf 09-00565ha1 2nd Supplement to Appeal.pdf 09-00565ha1 Appeal Letter.pdf 09-00565ha1 Supplement to Appeal.pdf 09-00565ha1 HEPB Reso.pdf 09-00565ha1 Zoning Map.pdf 09-00565ha1 Aerial Map.pdf 09-00565ha1 Application for Certificate of Appropriateness.pdf 09-00565ha1 Plans.pdf 09-00565ha1 CC Legislation (Version 2).pdf 09-00565ha1 CC Legislation (Version 3).pdf 09-0565ha1 CC 04-22-10 Fact Sheet.pdf R-10-0175 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.10 RESOLUTION 04-01208 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL BY THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ, AFFIRMING OR REVERSING THE DECISION OF THE MIAMI ZONING BOARD, THEREBY APPROVING WITH CONDITIONS OR DENYING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309 ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, City ofMiami Page 23 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 PZ.11 10-00183Iu SUBJECT TO THE CONDITIONS AND SAFEGUARDS AS ARE PROVIDED HEREIN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 5101 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Michael A. Sastre, Esquire, on behalf of the Morningside Civic Association, Inc., Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, Adjacent Property Owners APPLICANT(S): Susan E. Trench, Esquire, on behalf of Chetbro, Inc. FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and uphold the director's decision. ZONING BOARD: Denied the Class II Special Permit appeal on October 4, 2004 by a vote of 8-0. PURPOSE: The approval of this appeal will not allow the new construction of a mixed -use structure. NOTE(S): On October 7, 2009, the Third District Court of Appeal ordered that the City Commission limit its review to the record of the Zoning Board. 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Exhibit A.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Referral.PDF 04-01208 Class II Final Decision.PDF 04-01208 UDRB Reso.PDF 04-01208 October 4, 2005 ZB Transcript.pdf 04-01208 CC Legislation (Verison 10).pdf 04-01208 CC Legislation (Verison 11).pdf 04-01208 CC 04-22-10 Fact Sheet.pdf MOVED: Wifredo (Willy) Gort SECONDED: Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez 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 REAL PROPERTY City ofMiami Page 24 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn II- District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial'. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf 10-001831u CC SR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez PZ.12 ORDINANCE Second Reading 10-00185zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS FROM "C/I - CIVIC/INSTITUTION ZONE" TO "T6-8 0 - URBAN CORE TRANSECT ZONE" FOR THE PROPERTY LOCATED AT 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA; BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O - URBAN CENTER TRANSECT ZONE" TO "T4-O - GENERAL URBAN TRANSECT ZONE" FOR THE PROPERTIES LOCATED ALONG SOUTHWEST 27TH AVENUE, GENERALLY BOUND BY SOUTHWEST 22ND TERRACE TO THE NORTH AND U.S.1 TO THE SOUTH, MIAMI, FLORIDA; AND BY CHANGING THE ZONING CLASSIFICATION FROM "T6-8 O - URBAN CORE TRANSECT ZONE" TO "T5-O - URBAN CENTER TRANSECT ZONE" City ofMiami Page 25 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 FOR THE PROPERTIES ALONG SOUTHWEST 22ND STREET (CORAL WAY), GENERALLY BOUND BY SOUTHWEST 17TH AVENUE TO THE EAST AND SOUTHWEST 37TH AVENUE TO THE WEST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: 1) Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn - District 5]; 2) Properties Located Along SW 27th Avenue, Generally Bound by SW 22nd Terrace to the North and U.S.1 to the South; [Commissioner Marc David Sarnoff - District 2 and Commissioner Francis Suarez - District 4]; and 3) Properties Along SW 22nd Street (Coral Way), Generally Bound by SW 17th Avenue to the East and SW 37th Avenue to the West [Commissioner Francis Suarez - District 4] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by four separate votes of 8-0. See related File ID 10-001831u. PURPOSE: This will change the zoning classification of certain areas of the City as described above. 10-00185zc PAB Resos.pdf 10-00185zc CC Legislation (Verison 3).pdf 10-00185zc Exhibit A - NEW.pdf 10-00185zc CC SR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.13 ORDINANCE Second Reading 09-01345zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM THE PROVISIONS RELATED TO THE CREATION OF A PLANNING ZONING AND APPEALS BOARD TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES I THROUGH V; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City ofMiami Page 26 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 to make the procedure of the Planning, Zoning and Appeals Board consistent with the Miami 21 Zoning Ordinance. 09-01345zt CC Legislation (Version 4).pdf 09-01345zt CC SR 04-22-10 Fact Sheet.pdf 13158 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.14 ORDINANCE Second Reading 10-00290zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.1.4 ENTITLED "PLANNING, ZONING AND APPEALS BOARD", REMOVING SPECIFIC QUALIFICATION REQUIREMENTS FOR BOARD MEMBERS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 5-3. PURPOSE: This will modify qualification requirements for professional training and experience required for members of the Planning, Zoning and Appeals Board. 10-00290zt PAB Reso - REVISED.pdf 10-00290zt CC Legislation (Version 3).pdf 10-00290zt CC SR 04-22-10 Fact Sheet.pdf City ofMiami Page 27 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 13159 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.15 ORDINANCE Second Reading 09-01346zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING FEES", MORE PARTICULARLY, BY AMENDING SECTIONS 62-156 THROUGH 62-159, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO CONFORM TERMINOLOGY FOR FEES WITH THE MIAMI 21 ZONING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Article VI of the City Code to conform terminology for fees with the Miami 21 Zoning Ordinance. 09-01346zt CC 04-22-10 Legislation (Version 2).pdf 09-01346zt CC SR 04-22-10 Fact Sheet.pdf 13160 MOVED: Francis Suarez SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.16 ORDINANCE Second Reading 09-01347zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENFORCE EQUIVALENT PROVISIONS IN ZONING ORDINANCE NO. 11000 AND THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City ofMiami Page 28 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will authorize the City Manager to enforce provisions in the Miami 21 Ordinance that correspond to similar provisions currently existing under Zoning Ordinance 11000. 09-01347zt CC 04-22-10 Legislation (Version 2).pdf 09-01347zt CC SR 04-22-10 Fact Sheet.pdf 13161 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.17 ORDINANCE Second Reading 09-01406zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING," TO CONFORM WITH THE PROCEDURAL PROVISIONS RELATED TO THE MIAMI 21 ZONING ORDINANCE, BY AMENDING ARTICLES IX THROUGH XII AND CREATING ARTICLE XIV ENTITLED PUBLIC BENEFITS TRUST FUND TO ESTABLISH THE PUBLIC BENEFITS TRUST FUND FOR THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 62 of the City Code to conform with the procedural provisions related to the Miami 21 Zoning Ordinance. 09-01406zt CC Legislation (Verison 3).pdf 09-01406zt CC SR 04-22-10 Fact Sheet.pdf 13162 MOVED: Francis Suarez City ofMiami Page 29 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo Direction by Commissioner Sarnoff to the City Attorney to consider the use of impact fees on a citywide basis in creating a more district approach to establish a better districting of fees as they are applied to where the impact occurs. PZ.18 ORDINANCE Second Reading 09-01337zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4, ARTICLE I, SECTION 4-3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE PARTICULARLY, BY ADDING A NEW SECTION ENTITLED "CITY COMMISSION APPROVAL FOR USE AND EXTENDED HOURS", RELATED TO ALCOHOLIC BEVERAGE SALES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow for all bars (including taverns, pubs and lounges as principal uses) and all nightclubs and supper clubs to be permitted upon approval by public hearing, except in Downtown Miami and Midtown. 09-01337zt CC Legislation (Version 3).pdf 09-01337zt CC SR 04-22-10 Fact Sheet.pdf 13163 MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.19 ORDINANCE Second Reading 10-00287zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY MODIFYING THE REQUIREMENTS OF ALCOHOL BEVERAGE SERVICE ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City of Miami Page 30 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 8-0. PURPOSE: This will require the Exception (E) process for alcoholic beverage service establishments or as specified in Chapter 4 of the Charter and Code of the City of Miami. 10-00287zt PAB Reso - REVISED.pdf 10-00287zt CC Legislation (Version 3).pdf 10-00287zt CC SR 04-22-10 Fact Sheet.pdf 13164 MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.20 ORDINANCE Second Reading 10-00285zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 3, ENTITLED "BUILDING FUNCTION: USES" TO ALLOW MARINE RELATED COMMERCIAL ESTABLISHMENTS AND CHILDCARE FACILITIES IN CIVIC SPACE (CS) ZONE BY EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 6-2. PURPOSE: This will allow marine related commercial establishments and childcare uses in the Civic Space (CS) Zone by process of Exception. 10-00285zt PAB Reso - REVISED.pdf 10-00285zt CC Legislation (Version 3).pdf 10-00285zt CC SR 04-22-10 Fact Sheet.pdf City of Miami Page 31 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 13165 MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.21 ORDINANCE Second Reading 10-00289zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO REPLACE THROUGHOUT THE MIAMI 21 CODE, THE TERM "BY RIGHT" WITH THE TERM "PERMITTED", WHERE APPLICABLE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 5-3, to replace the term "By Right" with "Allowable". PURPOSE: This will replace, throughout the Miami 21 Code, the term "by right" with "permitted", where applicable. 10-00289zt PAB Reso - REVISED.pdf 10-00289zt CC Legislation (Version 4).pdf 10-00289zt CC SR 04-22-10 Fact Sheet.pdf MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.22 ORDINANCE Second Reading 10-00291 zt-b AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City of Miami Page 32 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 17, 2010 by a vote of 8-0. PURPOSE: This will allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. 10-00291zt-b PAB Reso - REVISED.pdf 10-00291zt-b CC Legislation (Version 3).pdf 10-00291zt-b CC SR 04-22-10 Fact Sheet.pdf 13166 MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.23 ORDINANCE First Reading 10-00291 zt-a TO BE WITHDRAWN BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY STORY HEIGHT MAXIMUMS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City of Miami Page 33 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Withdrawn on March 17, 2010. PURPOSE: This will reduce floor to floor heights in lower -intensity transect zones and allow additional floor to floor height within certain areas of the Urban Central Business District and high density mixed use transect zones. 10-00291zt-a CC FR 04-22-10 Fact Sheet.pdf MOVED: SECONDED: Frank Carollo Wifredo (Willy) Gort Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez PZ.24 ORDINANCE First Reading 10-00374zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDEDM BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT", TO MODIFY THE MEASUREMENT OF STORIES AND MEZZANINES IN D1 - WORKPLACE DISTRICT ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 7-0. PURPOSE: This will amend the Miami 21 Code to modify the measurement of stories and mezzanines in D1 - Workplace District zone. 10-00374zt PAB Reso.pdf 10-00374zt CC Legislation (Version 2).pdf 10-00374zt CC FR 04-22-10 Fact Sheet.pdf MOVED: SECONDED: Richard Dunn II Francis Suarez City of Miami Page 34 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.25 ORDINANCE First Reading 10-00379zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT" TO MODIFY MEASUREMENT OF STORIES, LIMITING HEIGHT OF STRUCTURES IN CERTAIN TRANSECTS TO A MAXIMUM BUILDING HEIGHT MEASURED IN FEET, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 5-3. PURPOSE: This will amend the Miami 21 Code to modify measurement of stories in the T4, T5, and T6-8 Transect Zones, limiting the height of structures up to a maximum building height, measured in feet. 10-00379zt PAB Reso.pdf 10-00379zt CC Legislation (Version 2).pdf 10-00379zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.26 ORDINANCE First Reading 09-01344zt (4/STHS VOTE) AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ENVIRONMENTAL PRESERVATION", WHICH ESTABLISHES PROCEDURES FOR THE REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; AMENDING AND TITLING ARTICLE I "TREE PROTECTION IN GENERAL"; AMENDING AND CLARIFYING CERTAIN SECTIONS IN ARTICLE II ENTITLED "ENVIRONMENTAL PRESERVATION DISTRICTS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City of Miami Page 35 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Chapter 17 to establish procedures for the removal of trees in the City of Miami and in environmental preservation districts, amending and titling Article I "Tree Protection In General", amending and clarifying certain sections in Article II entitled "Environmental Preservation Districts". 09-01344zt CC Legislation (Version 3).pdf 09-01344zt CC FR 04-22-10 Fact Sheet.pdf MOVED: SECONDED: Francis Suarez Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.27 ORDINANCE First Reading 09-01342zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING CHAPTER 62, ENTITLED "ZONING AND PLANNING" TO CREATE NEW DIVISIONS 1, 2, 3, 4, AND 5 IN ARTICLE XIII, ENTITLED "ARTICLE XIII ZONING APPROVALS FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED" AND RENAMING SAID SECTION TO "APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED"; TO ALLOW THE CITY MANAGER TO CREATE A TEMPORARY EVENT PERMIT PROCESS, A TEMPORARY PERMIT PROCESS, A TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES PROGRAM, AND AN INTERIM PARKING PROGRAM, TO AUTHORIZE CERTAIN TEMPORARY EVENTS, USES, AND INTERIM PARKING USES, AND SET FORTH PROVISIONS FOR SAID PERMITS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City of Miami Page 36 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will create a temporary event permit process, a temporary structures in conjunction with permanent outdoor recreational uses or recreational facilities program, and an interim parking program to authorize certain temporary events, use and interim parking uses. 09-01342zt CC Legislation (Version 3).pdf 09-01342zt CC FR 04-22-10 Fact Sheet.pdf MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.28 ORDINANCE First Reading 10-00391 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, SECTION 7.1.3.5 ENTITLED "MODIFICATIONS TO APPLICATIONS REQUIRING PUBLIC HEARING" REDUCING THE EXPIRATION DATE OF SPECIAL PERMITS AND VARIANCES APPROVED UNDER A PREVIOUS CODE, AND REQUIRING CITY COMMISSION APPROVAL FOR ANY EXTENSION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 7, 2010 by a vote of 8-0, as follows: In the legislation, 4(b) shall be modified to two (2) years for original permit approval with one (1) time extension for twelve (12) months to be given administratively and one (1) time extension for twelve (12) months to be approved by the City Commission following a public hearing. PURPOSE: This will modify the Miami 21 Code by reducing the expiration date of special permits and variances approved under a previous code, and require City Commission approval for any extension. City of Miami Page 37 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00391 zt PAB Reso.pdf 10-00391zt CC Legislation (Version 3).pdf 10-00391zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.29 ORDINANCE First Reading 10-00363zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR APPEALS TO THE CITY COMMISSION FOR WAIVER PERMITS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will add to the Miami 21 Code a process for appeals to the City Commission for Waiver permits. City of Miami Page 38 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00363zt PAB Reso.pdf 10-00363zt CC Legislation (Version 2).pdf 10-00363zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.30 ORDINANCE First Reading 10-00361 zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO MODIFY THROUGHOUT THE MIAMI 21 CODE, THE DENSITY OF THE D-1 - WORK PLACE DISTRICT ZONE- FROM 18 UNITS PER ACRE TO 36 UNITS PER ACRE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will modify throughout the Miami 21 Code, the density of the D-1 - Work Place District Zone from 18 units per acre to 36 units per acre. City of Miami Page 39 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00361 zt PAB Reso.pdf 10-00361zt CC Legislation (Version 2).pdf 10-00361zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo PZ.31 ORDINANCE First Reading 10-00380zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VII, ENTITLED "PROCEDURES AND NONCONFORMITIES", ADDING A PROCESS FOR BUILDING PERMIT APPEALS IN CERTAIN TRANSECTS, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 6-2. PURPOSE: This will amend the Miami 21 Code to add a process for appeals of building permits to the City Commission in the T5 and T6 Transect Zones. City ofMiami Page 40 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00380zt PAB Reso.pdf 10-00380zt CC Legislation (Version 2).pdf 10-00380zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.32 ORDINANCE First Reading 10-00377zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE IV, TABLE 2 ENTITLED "MIAMI 21 SUMMARY" AND ARTICLE V, SECTION 5.3 ENTITLED "SUB -URBAN TRANSECT ZONES (T3)" LIMITING SECOND STORY LOT COVERAGE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to limit second story lot coverage in T3 Transect to include a 30% second story lot coverage maximum for the T3-O category. City ofMiami Page 4] Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00377zt PAB Reso.pdf 10-00377zt CC Legislation (Version 2).pdf 10-00377zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.33 ORDINANCE First Reading 10-00376zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE V, SECTION 5.7.2.6, ENTITLED "CIVIC INSTITUTION ZONES (CI)", AND ARTICLE VII, SECTION 7.1.2.8 ENTITLED "AMENDMENT TO THE MIAMI 21 CODE", MODIFYING THE REZONING REGULATIONS FOR CIVIC INSTITUTION (CI) PROPERTIES, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will amend the Miami 21 Code to modify the rezoning regulations for Civic Institution (CI) properties. City ofMiami Page 42 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 10-00376zt PAB Reso.pdf 10-00376zt CC Legislation (Version 2).pdf 10-00376zt CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.34 ORDINANCE First Reading 10-00373zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF PROPERTIES DESIGNATED T5-L - URBAN CENTER TRANSECT ZONE TO T3-L - SUB -URBAN TRANSECT ZONE APPROXIMATELY LOCATED WEST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 63RD STREET AND NORTHEAST 69TH STREET AND AS FURTHER DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. City ofMiami Page 43 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 LOCATION: Properties Approximately Located West of Biscayne Boulevard Between NE 63rd Street and NE 69th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval to City Commission on April 7, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to T3-L - Sub -Urban Transect Zone. 10-00373zc PAB Reso.pdf 10-00373zc CC Legislation (Version 2).pdf 10-00373zc Exhi bit A (Maps). pdf 10-00373zc CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: SECONDED: Richard Dunn II Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez PZ.35 ORDINANCE First Reading 10-00362zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE FOLLOWING ZONING CLASSIFICATIONS AS DESCRIBED IN EXHIBIT "A"; FROM T6-8 O - URBAN CORE TRANSECT ZONE TO T4-0 - GENERAL URBAN ZONE FOR THE PROPERTIES ALONG SOUTHWEST 3RD AVENUE (CORAL WAY), GENERALLY BOUND City ofMiami Page 44 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 BY SOUTHWEST 12TH AVENUE TO THE WEST AND INTERSTATE 1-95 TO THE EAST; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. LOCATION: Properties Along SW 3rd Avenue (Coral Way), Generally Bound by SW 12th Avenue to the West and Interstate 1-95 to the East [Commissioner Frank Carollo - District 3] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on April 7, 2010 by a vote of 8-0, as follows: Include the portion of Coral Way from SW 12th Avenue to SW 17th Avenue. PURPOSE: This will change the above properties to T4-O - General Urban Zone. 10-00362zc PAB Reso.pdf 10-00362zc CC Legislation (Version 3).pdf 10-00362zc Exhibit A (Maps).pdf 10-00362zc CC FR 04-22-10 Fact Sheet.pdf MOVED: Richard Dunn II SECONDED: Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Commissioner(s) Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez MOVED: Richard Dunn II SECONDED: Wifredo (Willy) Gort Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff and Dunn II Commissioner(s) Carollo and Suarez END OF PLANNING AND ZONING ITEMS City ofMiami Page 45 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 09-01453c DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453c Discussion Page.pdf DISCUSSED M.2 DISCUSSION ITEM 10-00416 DISCUSSION CONCERNING THE STATUS OF THE FLAGSTONE ISSUE AND THE COCONUT GROVE PLAYHOUSE ISSUE APPEARING BEFORE THE STATE OF FLORIDA CABINET. 10-00416 Memo.pdf DISCUSSED END OF CITYWIDE ITEMS City ofMiami Page 46 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 City ofMiami Page 47 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 10-00375 D2.2 10-00417 DISCUSSION ABOUT (PHONE APPLICATIONS AND THEIR ABILITY TO MAKE THE CITY OF MIAMI MORE RESPONSIVE TO ITS CONSTITUENTS. BOSTON, SAN JOSE, SAN FRANCISCO, BALTIMORE AND MANY OTHER CITIES ARE USING THE LATEST TECHNOLOGY TO BE RESPONSIVE AND TO REDUCE PAPERWORK AND REDUCE THE COST OF GOVERNMENT. 10-00375 Email.pdf DISCUSSED DISCUSSION ITEM DISCUSSION REGARDING THE NUISANCE ABATEMENT BOARD. THE DISCUSSION WILL INCLUDE THE DUTIES AND RESPONSIBILITIES OF THE BOARD.THE DISCUSSION WILL INCLUDE QUORUM AND THE NEED TO APPOINT ADDITIONAL MEMBERS. 10-00417 Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to ensure that board appointments for the Nuisance Abatement Board are brought back for the May 13, 2010 Commission Meeting. END OF DISTRICT 2 City ofMiami Page 48 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 D3.1 10-00270 D3.2 10-00407 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISCUSSION ITEM DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION REGARDING THE FIVE DAY RULE. 10-00407 Email.pdf NO ACTION TAKEN END OF DISTRICT 3 City ofMiami Page 49 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 City of Miami Page 50 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 51 Printed on 4/28/2010 City Commission Marked Agenda April 22, 2010 NON -AGENDA ITEMS NA.1 ORDINANCE Non -Agenda 10-00551 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, Honorable Mayor FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, TomasRegalado COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY AMENDING SECTION 2-887, ENTITLED "QUORUM REQUIREMENTS; EXCEPTION", TO ADD THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD AS A BOARD SUBJECT TO QUORUM REQUIREMENTS; FURTHER AMENDING SECTION 2-1203, ENTITLED " HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD", TO CHANGE THE QUORUM REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Adjournment 10-00551-Submittal-Draft Copy of Ordinance.pdf MOVED: SECONDED: Wifredo (Willy) Gort Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: ABSENT: Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Commissioner(s) Carollo A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, with Vice Chair Carollo absent, to adjourn today's meeting. City of Miami Page 52 Printed on 4/28/2010