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HomeMy WebLinkAboutCC 2011-01-27 Marked AgendaCity of Miami Marked Agenda City Commission Tomas Regalado, Mayor Wifredo (Willy) Gort, Chairman Frank Carollo, Vice -Chairman Marc David Sarnoff, Commissioner District Two Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Tony E. Crapp Jr., 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, January 27, 2011 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 CA - CONSENT AGENDA Item 1 which is comprised of items CA.1 through CA.4 may be heard in the number sequence or as announced by the Commission PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 10:00 am. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS City of Miami Page 1 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 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 1/31/2011 City Commission Marked Agenda January 27, 2011 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 11-00058 PRESENTATION Honoree Community Friends Ruben Valdez Bijani Nakhjavan Jordana Zarut Eloy Villasuso Lazaro Diaz Esteban Bencomo Isaul Gonzalez Dariel Fernandez George Feldenkreis Presenter Protocol Item Chairman Gort Certificates of Appreciation Todo Frio Ice Cream Commissioner Sarnoff Salute 'N More Elida Castellon Maritza Castellon Maureen Colon 11-00058 Protocol Agenda.pdf PRESENTED 1. Mayor Regalado presented commendations to members of the City of Miami's Fire -Rescue and Police Departments for their outstanding service during a critical life emergency that transpired on December 16, 2010, and acknowledged with great pride and gratitude their performance as highly -trained specialists whose selfless and quick actions reflect the highest levels of commitment to safeguarding our citizens. 2. Mayor Regalado presented commendations to members of the City of Miami's Fire -Rescue Department for their outstanding service during a critical life emergency that transpired on April 25, 2010, and acknowledged with great pride and gratitude their performance as highly -trained specialists whose selfless and quick actions reflect the highest levels of commitment to safeguarding our citizens. 3. Commissioner Sarnoff saluted the owners of Todo Frio Ice Cream 'N More, Maureen Colon, Elida Castellon, and Martiza Castellon, paying tribute to their outstanding commercial establishment that is a hometown favorite, and whose core mission is giving back to the community by providing a place to gather and enjoy life. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 27th day of January 2011, 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 Gort at 9:23 a.m., recessed at 10:35 a.m., reconvened at 10:52 a.m., recessed at 12:25 p.m., reconvened at 3:08 p.m., and adjourned at 4:19 p.m. City ofMiami Page 3 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 MAYORAL VETOES Note for the record: Commissioner Suarez entered the chambers at 9:29 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Tony E. Crapp, Jr., City Manager Priscilla A. Thompson, City Clerk NO MAYORAL VETOES (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) ORDER OF THE DAY City ofMiami Page 4 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 CA.1 RESOLUTION 10-01451 Office of Grants Administration CA.2 10-01452 Office of Grants Administration CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MENTORED MINDS MATTER, 2010-2011", CONSISTING OFA REIMBURSEMENT GRANT, IN THE AMOUNT OF $44,869, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER PROGRAM AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 10-01451 Summary Form.pdf 10-01451 Project Award Notification. pdf 10-01451 Curriculum and Instruction.pdf 10-01451 Legislation.pdf 10-01451 Exhibit.pdf R-11-0030 This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "21ST CENTURY COMMUNITY LEARNING CENTER GRANT, MIAMI LEARNING ZONE, 2010-2011", CONSISTING OFA REIMBURSEMENT GRANT, IN THE AMOUNT OF $59,105, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, THROUGH A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE PROGRAM AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 10-01452 Summary Form.pdf 10-01452 Transmittal for Agreement Form. pdf 10-01452 Project Award Notification. pdf 10-01452 Budget Narrative Form. pdf 10-01452 Legislation.pdf 10-01452 Exhibit.pdf R-11-0031 City ofMiami Page 5 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 CA.3 11-00025 Department of Police This Matter was ADOPTED on the Consent Agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT AN ADDITIONAL DONATION OF TWO (2) NEW VEHICLES, A 2010 FORD, F150 PICK-UP TRUCK VALUED AT $23,578.45 AND A 2011 FORD EDGE VALUED AT $23,841.05, FROM THE UNITED STATES MARSHALS SERVICE, FOR MEMBERS OF THE CITY OF MIAMI'S DEPARTMENT OF POLICE PARTICIPATING IN THE REGIONAL FUGITIVE TASK FORCE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID DONATION. 11-00025 Summary Form.pdf 11-00025 Vehicle Details.pdf 11-00025 Letter from US Marshals.pdf 11-00025 Task Force Obligation Document.pdf 11-00025 Pre Legislation.pdf 11-00025 Legislation.pdf R-11-0032 This Matter was ADOPTED on the Consent Agenda. Adopted the Consent Agenda MOVED: SECONDED: AYES: CA.4 10-01352 Department of Purchasing Frank Carollo Francis Suarez Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED OCTOBER 25, 2010, PURSUANT TO INVITATION FOR BID NO. 247232, FROM MCINTYRE MAINTENANCE, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR ALL FOUR (4) GROUPS, FOR THE PROVISION OF GROUNDS MAINTENANCE SERVICES CITYWIDE, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01352 Summary Form.pdf 10-01352 Tabulation of Bids.pdf 10-01352Addendum No. 1.pdf 10-01352 Invitation for Bid.pdf 10-01352 Legislation.pdf MOVED: Frank Carollo SECONDED: Francis Suarez City ofMiami Page 6 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PH.1 10-01336 Department of Parks and Recreation UNANIMOUS Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item CA.4 was deferred to the Commission meeting scheduled for February 10, 2011. END OF CONSENT AGENDA PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTERA DULY NOTICED PUBLIC HEARING, APPROVING THE SEVENTH AMENDMENT TO SERIES 2005 CONTRACT SPECIFIED/PERCAPITA CONTRACT EXTENSION, IN SUBSTANTIALLLY THE ATTACHED FORM, ("SEVENTH AMENDMENT) TO THE ORIGINAL SERIES 2005 SAFE NEIGHBORHOOD PARKS BOND PROGRAM AGREEMENT, AS SUBSEQUENTLY AMENDED, WITH MIAMI-DADE COUNTY OFFICE OF CAPITAL IMPROVEMENTS, HEREBYEXTENDING,CONTINUING, AND AMENDING THE LAST COMPLETION DATE AND EFFECTIVE TERM OF THE EXISTING AMENDED AGREEMENT FROM JUNE 5, 2010 TO JUNE 30, 2011, WITH SAID SEVENTH AMENDMENT COVERING REIMBURSEMENTS TO THE CITY OF MIAMI ("CITY") FOR PREVIOUSLY COMPLETED PROJECTS AT THE CITY'S CURTIS PARK, LUMMUS PARK, AFRICAN SQUARE PARK, AND VIRGINIA KEY BEACH PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SEVENTH AMENDMENT AND ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, FOR SAID PURPOSES. 10-01336 Summary Form.pdf 10-01336 Notice of Public Hearing.pdf 10-01336 6th Amendment.pdf 10-01336 Safe Neighborhood Parks Bond Program Agreement.pdf 10-01336 Legislation. pdf 10-01336 Exhibit.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 7 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 SR.1 10-01363 District 5 - Commissioner Richard Dunn II SR.2 10-01296 Office of Strategic Planning, Budgeting, and Performance MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PH.1 was deferred to the Commission meeting scheduled for February 10, 2011. END OF PUBLIC HEARING ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING IN ITS ENTIRETY, CHAPTER 14/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOWNTOWN DEVELOPMENT/ SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01363 FR/SR Summary Memo.pdf 10-01363 FR/SR Legislation.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item SR.1 was deferred to the Commission meeting currently scheduled for February 10, 2011. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0528, ADOPTED NOVEMBER 18, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 FR Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf City ofMiami Page 8 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 FR.1 11-00034 Department of Building and Zoning MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF ORDINANCES - SECOND READINGS ORDINANCE - FIRST READING ORDINANCE First Reading 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', ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", DIVISION 6, ENTITLED, "BILLBOARDS", MORE PARTICULARLY BY AMENDING SECTION 62-618.5, ENTITLED "RELOCATION AND RECONSTRUCTION AGREEMENTS -REQUIREMENTS", TO ALLOW FOR THE RELOCATION OF POSTER -SIZE LED BILLBOARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00034 Summary Form.pdf 11-00034 Legislation.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: Frank Carollo City ofMiami Page 9 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 SECONDED: UNANIMOUS Francis Suarez Motion that this matter be RECONSIDERED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF FIRST READING ORDINANCE RE.1 RESOLUTION 10-01449 Office of Grants Administration RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE SUPPLEMENTAL AGREEMENTS WITH FPL SERVICES, LLC, IN SUBSTANTIALLY THE ATTACHED FORM(S), TO PERFORM ENERGY EFFICIENCY IMPROVEMENTS IN CITY OF MIAMI FACILITIES FOR A TOTAL AMOUNT NOT TO EXCEED $2,770,728, IN ACCORDANCE WITH THE PREVIOUSLY EXECUTED MASTER AGREEMENT, SUBJECT TO THE AVAILABILITY OF FUNDING; ALLOCATING FUNDS FROM THE FEDERAL ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS ACCOUNT NO. 98004.411000.534000.0000.00000. 10-01449 Summary Form.pdf 10-01449 Pre Legislation.pdf 10-01449 Master Agreement.pdf 10-01449 Supplemental Agreement No. 1.pdf 10-01449 Investment Grade Audit. pdf 10-01449 Legislation.pdf 10-01449 Exhibit 1.pdf 10-01449 Exhibit 2.pdf R-11-0034 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.2 RESOLUTION 10-01338 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 10 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 Department of ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE Capital SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT, IN Improvements SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA Program DEPARTMENT OF TRANSPORTATION, FOR THE CITY OF MIAMI TROLLEY PROGRAM, WITH THE CONTRIBUTION OF STATE FUNDS, IN AN AMOUNT NOT TO EXCEED $1,899,151,TRANSFERRED FROM THE MIAMI STREETCAR JOINT PARTICIPATION AGREEMENT, APPROVED PURSUANT TO RESOLUTION NO. 06-0119, ADOPTED FEBRUARY 23, 2006. 10-01338 Summary Form.pdf 10-01338 Pre Legislation.pdf 10-01338 Legislation. pdf 10-01338 Exhibit.pdf R-11-0035 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II RE.3 RESOLUTION 11-00040 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 10-0525, ADOPTED NOVEMBER 18, 2010, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 11-00040 Summary Form.pdf 11-00040 Legislation.pdf 11-00040 Exhibit SUB.pdf R-11-0038 MOVED: SECONDED: Frank Carollo Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez RE.4 RESOLUTION 10-01431 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of ACCESS, INDEMNIFICATION AND ACCEPTANCE AGREEMENT, IN Capital SUBSTANTIALLY THE ATTACHED FORM, WITH BOUYGUES CIVIL Improvements WORKS FLORIDA, INC., GRANTING TEMPORARY ACCESS RIGHTS TO Program THE VIRGINIA KEY NORTH POINT ("PROPERTY") FOR THE DELIVERY City ofMiami Page 11 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 OF UP TO 55,000 CUBIC YARDS OF DONATED FILL MATERIAL TO BE USED TO ESTABLISH A BERM AROUND THE WATER AND SEWER TREATMENT FACILITY SITE LOCATED ON THE PROPERTY AND TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS AS NECESSARY. 10-01431 Summary Form.pdf 10-01431 Legislation.pdf 10-01431Exhibit 1.pdf 10-01431Exhibit 2.pdf 10-01431 Summary Form Jan 27, 2011.pdf 10-01431 Legislation Version 2 Jan 27, 2011.pdf 10-01431 Exhibit Jan 27, 2011.pdf R-11-0033 MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF RESOLUTIONS PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 10:00 am. PZ.1 RESOLUTION 10-00581 mu A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100 NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113 NORTHWEST 11 TH TERRACE, AND 1129, 1135, 1145, 1151, AND 1159 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCTAMIXED-USE RESIDENTIAL COMPLEX COMPRISED OF TWO 27-STORY TOWERS WITH A 9-STORY PODIUM -PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN APPROXIMATE 270'-8" NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) AT TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF FLOOR AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-STREET PARKING SPACES; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 12 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 LOCATION: Approximately 100 NW 12th Street, 1120 NW 1st Avenue, 105 and 113 NW 11th Terrace, and 1129, 1135, 1145, 1151, and 1159 NW 1st Court [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG City Center, Ltd. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions*. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 15, 2010 by a vote of 6-1. *See supporting documentation. PURPOSE: This will allow a phased development of the City Center project. City ofMiami Page 13 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 10-00581mu CC 01-27-11 Fact Sheet.pdf 10-00581 mu CC Analysis. pdf 10-00581mu Zoning Map (Miami 21).pdf 10-00581mu Zoning Map (Ordinance 11000).pdf 10-00581mu Aerial Map.pdf 10-00581 mu Miami -Dade Aviation Department Letter. pdf 10-00581mu Miami -Dade County Public School Concurrency Letter.pdf 10-00581mu PZAB Reso.pdf 10-00581mu CC Legislation (Version 2).pdf 10-00581mu ExhibitA.pdf 10-00581mu Exhibit B. pdf 10-00581mu Binder Cover. pdf 10-00581mu Inside Cover. pdf 10-00581mu Table of Contents. pdf 10-00581 mu Article I. A. Letter of Intent. pdf 10-00581mu Article I. B. City of Miami Application for Major Use Special Permit. pdf 10-00581 mu Article I. C. Legal Description. pdf 10-00581mu Article I. D. Owner List. pdf 10-00581mu Article I. E. Disclosure of Ownership - RNG Overtown LLC.pdf 10-00581 mu Article I. F. Ownership Affidavit - RNG Overtown LLC. pdf 10-00581mu Article I. G. Disclosure of Agreement to Support or Withhold Objection - RNG Over 10-00581mu Article I. H. Ownership Structure - CDG City Center, Ltd..pdf 10-00581mu Article I. I. Ownership Affidavit - CDG City Center, Ltd..pdf 10-00581mu Article I. J. Disclosure of Agreement to Support or Withhold Objection - CDG City C 10-00581mu Article I. K. Public School Concurrency Form.pdf 10-00581mu Article I. L. Miami -Dade County Printouts - Property Deed. pdf 10-00581muArticle I. M. Ownership List.pdf 10-00581mu Article I. N. State of Florida Corporate Documents - RNG Overtown. pdf 10-00581mu Article I. O. State of Florida Corporate Documents - CDG City Center, Ltd..pdf 10-00581mu Article I. P. City of Miami Zoning Atlas. pdf 10-00581mu Article I. Q. City of Miami Future Land Use Map.pdf 10-00581mu Article I. R. Aerial Location Map. pdf 10-00581mu Article I. S. Photographs. pdf 10-00581mu Article I. T. Project Principals. pdf 10-00581mu Article I. U. Project Data Sheet.pdf 10-00581 mu Article I. V. Zoning Write-Up.pdf 10-00581 mu Article II. Project Description.pdf 10-00581muArticle II. A. Zoning Ordinance No. 11000.pdf 10-00581 mu Article III. Supporting Documents. pdf 10-00581mu Article III. Tab A. Survey of Property. pdf 10-00581mu Article III. Tab B. Site Plan.pdf 10-00581mu Article III. Tab C. Site Utility Study. pdf 10-00581mu Article III. Tab D. Economic Study. pdf 10-00581mu Article III. Tab E. Phase I and Limited Phase II Environmental Site Assessment. pdf 10-00581mu Article III. Tab F. Architectural Drawings.pdf 10-00581mu Article III. Tab G. Landscape Drawings.pdf 10-00581muArticle III. Tab H. Traffic Impact Analysis. pdf 10-00581mu Article III. Tab I. Traffic Sufficiency Letter.pdf MOVED: Richard Dunn II SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 14 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.2 RESOLUTION 10-00926xc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ALCOHOLIC BEVERAGES" AND ARTICLE 4, TABLE 3, OF ORDINANCE NO. 13114, THE MIAMI 21 CODE, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ENTITLED, "BUILDING FUNCTIONS: USES", AS PERMITTED BY EXCEPTION IN SPECIFIC TRANSECT ZONE "T6-8 O", TO ALLOW A SUPPER CLUB IN TRANSECT ZONE "T6-8 O", SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 8201-8207 BISCAYNE BOULEVARD, MIAMI, FLORIDA. LOCATION: Approximately 8201-8207 Biscayne Boulevard [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Apollo Development Corp. FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a condition* to City Commission on October 20, 2010 by a vote of 7-3. *See supporting documentation. PURPOSE: This will allow a supper club. 10-00926xc CC 01-27-11 Fact Sheet. pdf 10-00926x Analysis. pdf 10-00926x Miami 21 Map.pdf 10-00926x Aerial Map. pdf 10-00926x PZAB Reso.pdf 10-00926x Application & Supporting Docs. pdf 10-00926x Plans.pdf 10-00926xc CC Legislation (Version 2).pdf 10-00926xc Exhi bit A. pdf R-11-0037 MOVED: SECONDED: Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PZ.3 RESOLUTION 09-01007sc A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH City ofMiami Page 15 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.4 10-013591u ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE STREETS LOCATED BETWEEN NORTHWEST 67TH STREET AND NORTHWEST 69TH STREET AND BETWEEN NORTHWEST 7TH AVENUE AND NORTHWEST 10TH AVENUE, MIAMI, FLORIDA. LOCATION: Between NW 67th Street and NW 69th Street and between NW 7th Avenue and NW 10th Avenue [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Iris Escarra, Esquire, on behalf of The Village Miami, LTD and Miami -Dade County Water and Sewer FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on May 6, 2010 by a vote of 7-0. PLANNING, ZONING AND APPEALS BOARD: Recommended approval with a condition* to City Commission on December 1, 2010 by a vote of 6-3. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously -approved The Villages Apartments Major Use Special Permit. 09-01007sc CC 01-27-11 Fact Sheet.pdf 09-01007sc PlanningAnalysis.pdf 09-01007sc Miami 21 Map.pdf 09-01007sc Aerial Map.pdf 09-01007sc Public Works Analysis. pdf 09-01007sc Plat & Street Letter.pdf 09-01007sc PZAB Reso.pdf 09-01007scApplication & Supporting Docs.pdf 09-01007sc CC Legislation (Version 2).pdf 09-01007sc ExhibitA.pdf R-11-0036 MOVED: SECONDED: Richard Dunn II Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Dunn II ABSENT: Commissioner(s) Sarnoff 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 City ofMiami Page 16 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.5 10-01359zc DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 150 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 150 NE 42nd Street [Commissioner Richard P. Dunn - District 5] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. See companion File ID 10-01359zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. 10-013591u CC SR 01-27-11 Fact Sheet.pdf 10-013591u CC Analysis. pdf 10-013591u Land Use Map.pdf 10-013591u Land Use Map (Proposed).pdf 10-013591u Aerial Map.pdf 10-013591u PZAB Reso.pdf 10-013591u CC Legislation (Version 2) - Fully Executed.pdf 10-013591u ExhibitA.pdf 13249 MOVED: SECONDED: UNANIMOUS Richard Dunn II Frank Carollo Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-O" SUB -URBAN TRANSECT ZONE TO "T4-O" GENERAL URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTH SIDE OF NORTHEAST 41 ST STREET BETWEEN NORTH MIAMI AVENUE TO THE WESTAND NORTHEAST2NDAVENUE TO THE EAST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 17 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.6 10-01360zc LOCATION: Properties Located at the North side of NE 41st Street between North Miami Avenue to the West and NE 2nd Avenue to the East [Commissioner Richard P. Dunn - District 5] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. Also on December 1, 2010, they recommended approval for the three parcels fronting North Miami Avenue; located to the North of NE 41st Street; to the East of North Miami Avenue and to the South of NE 42nd Street, by a vote of 5-4. See companion File ID 10-013591u. PURPOSE: This will change the above properties to "T4-O" General Urban Transect Zone. 10-01359zc CC SR 01-27-11 Fact Sheet.pdf 10-01359zc Analysis. pdf 10-01359zc Miami21 Map.pdf 10-01359zc Miami21 (Proposed).pdf 10-01359zcAerial Map.pdf 10-01359zc PZAB Resos.pdf 10-01359zc CC Legislation (Version 2) - Fully Executed.pdf 10-01359zc ExhibitA.pdf 13250 MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O" URBAN CENTER TRANSECT ZONE TO "T3-R" SUB -URBAN TRANSECT ZONE, FOR THE PROPERTIES LOCATED AT THE NORTHEAST QUADRANT OF THE INTERSECTION OF INAGUA AVENUE AND AVIATION AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 18 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.7 10-01335zt LOCATION: Properties Located at the NE Quadrant of the Intersection of Inagua Avenue and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval to City Commission on December 1, 2010 by a vote of 8-0. PURPOSE: This will change the above properties to "T3-R" Sub -Urban Transect Zone. 10-01360zc CC SR 01-27-11 Fact Sheet.pdf 10-01360zc Analysis. pdf 10-01360zc Miami21 Map.pdf 10-01360zc Miami21 Map (Proposed).pdf 10-01360zcAerial Map.pdf 10-01360zc PZAB Reso.pdf 10-01360zc CC Legislation (Version 2) - Fully Executed.pdf 10-01360zc ExhibitA.pdf MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PZ.6 was deferred to the Commission meeting scheduled for February 10, 2011. ORDINANCE Second Reading 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 AMENDED, BY AMENDING ARTICLE 1, DEFINITIONS, SECTION 1.2 DEFINITIONS OF TERMS, TO MODIFY THE DEFINITION OF UNITY OF TITLE AND BY AMENDING ARTICLE 7, SECTION 7.1 PROCEDURES BY ADDING A NEW SECTION, 7.1.7 UNITY OF TITLE, ESTABLISHING REQUIREMENTS FOR UNITIES OF TITLE AND COVENANTS IN LIEU OF UNITY OF TITLE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 19 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.8 10-01242zt LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended denial to City Commission on December 1, 2010 by a vote of 9-0. PURPOSE: This will modify the definition of "unity of title", create minimum requirements for unities of title, and establish covenants in lieu of unity of title as equivalents to unities of title. 10-01335zt CC SR 01-27-11 Fact Sheet.pdf 10-01335zt PZAB Reso.pdf 10-01335zt CC Legislation (Version 2) - Fully Executed.pdf 13251 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ENVIRONMENTAL PRESERVATION" BY CLARIFYING PROCEDURES FOR THE TRIMMING, PRUNING, OR REMOVAL OF TREES IN THE CITY OF MIAMI AND IN ENVIRONMENTAL PRESERVATION DISTRICTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will clarify certain Sections and Definitions of Chapter 17, "Environmental Preservation". 10-01242zt CC FR 01-27-11 Fact Sheet.pdf 10-01242zt CC Legislation (Version 4).pdf City ofMiami Page 20 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.9 10-01454zt MOVED: SECONDED: UNANIMOUS Frank Carollo Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Commissioner Suarez to the City Attorney and Administration, to include as backup documents for agenda items that involve ordinances to be passed by the Commission, County ordinances, State statutes, and Federal statutes that are interrelated to the agenda item; further directing that if there are potential conflicts with County, State, or Federal laws involving a proposed ordinance, to provide a legal analysis of the conflict, and for the analysis to be made part of the back up documents for the agenda item. Direction by Chair Gort to the Administration, to include in the next presentation of this item to the Commission, the promotional materials that will be used to educate the public on the process and procedures associated with this ordinance. Note for the record: Item PZ.8 was deferred to the Commission meeting scheduled for March 24, 2011. ORDINANCE First Reading 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 AMENDED, BY AMENDING ARTICLE 5. "SPECIFIC TO ZONES," TO MODIFY STORY HEIGHT MAXIMUM FOR THE T4 TRANSECT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will establish a maximum height for the "T4" Transect Zone as forty (40) feet. 10-01454zt CC FR 01-27-11 Fact Sheet.pdf 10-01454zt CC Legislation (Version 2).pdf 10-01454zt Exhibit A. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 21 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 PZ.10 ORDINANCE First Reading 11-00022zt 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 AMENDED, SPECIFICALLY BY AMENDING ARTICLE 1. "DEFINITIONS," ARTICLE 3. "GENERAL TO ZONES," AND ARTICLE 7. "PROCEDURES AND NONCONFORMITIES" TO FACILITATE DEVELOPMENT OF AFFORDABLE HOUSING BY PROVIDING INCENTIVES INCLUDING MODIFICATIONS OF ARCHITECTURAL AND DESIGN STANDARDS AND PARKING REDUCTIONS IN CERTAIN TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Tony E. Crapp, Jr., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on January 19, 2011. PURPOSE: This will facilitate development of affordable housing by providing incentives including modifications of architectural and design standards and parking reductions in certain transact zones. 11-00022zt CC FR 01-27-11 Fact Sheet.pdf 11-00022zt CC Legislation (Version 2).pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.11 RESOLUTION 06-00840x1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY DENYING OR GRANTING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, UNDER CONDITIONAL PRINCIPAL USES OF "R-1" SINGLE-FAMILY RESIDENTIAL, TO ALLOWA CHILD DAY CARE CENTER OF MORE THAN TWENTY (20) CHILDREN, ACCORDING TO ZONING ORDINANCE SECTION 936 AND SUBJECT TO ALL APPLICABLE CRITERIA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1800 AND 1806 SOUTHWEST 2ND COURT, MIAMI, FLORIDA. City ofMiami Page 22 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 LOCATION: Approximately 1800 & 1806 SW 2nd Court [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Natalia Montano & Roberto Salazar and Alejandro & Ellen Bonet FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Special Exception on June 30, 2010 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the expansion of an existing daycare center and an increase in the number of children from 30 to 60. 06-00840x1 CC 01-27-11 Fact Sheet.pdf 06-00840x1 PZAB Appeal Letter.pdf 06-00840x1 Analysis.pdf 06-00840x1 Zoning Map.pdf 06-00840x1 Miami 21 Map.pdf 06-00840x1 Aerial Map.pdf 06-00840x1 PZAB Reso.pdf 06-00840x1 Letter of Intent.pdf 06-00840x1 Application & Supporting Docs.pdf 06-00840x1 Plans.pdf 06-00840x1 CC Legislation (Version 3).pdf 06-00840x1 CC Legislation (Version 4).pdf 06-00840x1 ExhibitA.pdf MOVED: Frank Carollo SECONDED: Richard Dunn II Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez PZ.12 RESOLUTION 10-00044x 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 GRANTING OR DENYING A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. City ofMiami Page 23 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): W. Tucker Gibbs, Esquire, on behalf of Brickell View West Apartments, Inc., Adjacent Property Owner APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x-a. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 10-00044x CC 01-27-11 Fact Sheet. pdf 10-00044x ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x CC Legislation (Version 3).pdf 10-00044x CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf MOVED: Frank Carollo SECONDED: UNANIMOUS Francis Suarez Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.13 RESOLUTION 10-00044x-a 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 City ofMiami Page 24 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, TO ALLOW A PRIMARY AND SECONDARY SCHOOL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1742 AND 1744 SOUTHWEST 2ND AVENUE, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0070 AND 01-4139-008-0060 AND 1737 AND 1745 SOUTHWEST 2ND COURT, AND TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4139-008-0080 AND 01-4138-001-5550; MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. LOCATION: Approximately 1742 and 1744 SW 2nd Avenue, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0070 and 01-4139-008-0060 and 1737 and 1745 SW 2nd Court, and Two Unassigned Addresses, Having Folio Numbers 01-4139-008-0080 and 01-4138-001-5550 [Commissioner Frank Carollo - District 3] APPELLANT(S): John K. Shubin, Esquire, on behalf of 1701 Brickell Condominium, LLC and Peacock Development, LLC, Adjacent Property Owners APPLICANT(S): Miguel Diaz de la Portilla, Esquire, on behalf of Barim at Brickell, LLC, Wetbri Group, LLC and Ignacio and Lourdes Zulueta, Owners and AV Development Group, LLC, Contract Purchaser FINDING(S): PLANNING DEPARTMENT: Recommended denial of the appeal and approval with conditions* of the original request. ZONING BOARD: Approved the Special Exception with conditions* on March 22, 2010 by a vote of 6-1. See related File ID 10-00044x. *See supporting documentation. PURPOSE: The approval of this appeal will not allow a primary and secondary school. 10-00044x-a CC 01-27-11 Fact Sheet.pdf 10-00044x-a ZB Appeal Letter. pdf 10-00044x Analysis. pdf 10-00044x Zoning Map.pdf 10-00044x Aerial Map. pdf 10-00044x Miami 21 Map.pdf 10-00044x ZB Reso.pdf 10-00044x Letter of Intent. pdf 10-00044x Application & Supporting Docs. pdf 10-00044x Plans.pdf 10-00044x & 10-00044x-a Supplemental Page.pdf 10-00044x-a CC Legislation (Version 3).pdf 10-00044x-a CC Legislation (Version 4).pdf 10-00044x & 10-00044x-a ExhibitA.pdf 10-00044x & 10-00044x-a Exhibit 1.pdf MOVED: Frank Carollo SECONDED: Francis Suarez City ofMiami Page 25 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PZ.14 RESOLUTION 09-01464za A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-01464za CC 01-27-11 Fact Sheet.pdf 09-01464za Memorandum from Barnaby L. Min.pdf 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso Including Notary Page.pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Richard Dunn II Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the record: Item PZ.14 was deferred to the Commission meeting scheduled for March 24, 2011. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City ofMiami Page 26 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 10-01373 D4.2 10-01374 DISCUSSION RELATING TO NON-PAYING RECIPIENTS OF CITY OF MIAMI MUNICIPAL SERVICES. 10-01373 Discussion - Non -Paying Recipients of City Services.pdf NO ACTION TAKEN DISCUSSION ITEM DISCUSSION RELATING TO THE HOMELESS DISPLACEMENT IN THE CITY OF MIAMI. 10-01374 Discussion Item - Homeless Displacement.pdf 10-01374-Submittal-NET Document. pdf NO ACTION TAKEN END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II City ofMiami Page 27 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 NA.1 RESOLUTION 11-00087 END OF DISTRICT 5 NON AGENDA ITEMS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), URGING THE MEMBERS OF THE UNITED STATES CONGRESS TO SUPPORT THE BAN ON THE POSSESSION BY CIVILIANS OF MILITARY STYLE GUN MAGAZINES AS PROPOSED IN HOUSE RESOLUTION 308 SPONSORED BY REPRESENTATIVE CAROLYN MCCARTHY OF NEW YORK (LARGE CAPACITY AMMUNITION FEEDING DEVICE ACT); DIRECTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 11-00087 Exhibit.pdf R-11-0040 MOVED: SECONDED: Marc David Sarnoff Richard Dunn II Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff and Dunn II ABSENT: Commissioner(s) Carollo and Suarez NA.2 RESOLUTION 11-00085 District 5 - Commissioner Richard Dunn II A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $6,208.16, FROM THE DISTRICT 5 ACCOUNT, FOR THE 2011 JOSE MARTI PARADE BEING HELD JANUARY 28, 2011, AT JOSE MARTI PARK, LOCATED AT 351 SOUTHWEST 4 STREET, MIAMI, FLORIDA. R-11-0039 MOVED: SECONDED: Richard Dunn II Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Dunn II ABSENT: Commissioner(s) Suarez NA.3 DISCUSSION ITEM 11-00088 BRIEF DISCUSSION BY CHAIR GORT REGARDING POTENTIAL ACTIONS THAT CAN BE TAKEN TO ELIMINATE ILLICIT ACTIVITY THAT IS OCCURRING AT VACANT LOT LOCATED WITHIN HIS DISTRICT. DISCUSSED ADJOURNMENT City ofMiami Page 28 Printed on 1/31/2011 City Commission Marked Agenda January 27, 2011 A motion was made by Commissioner Dunn, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Carollo and Commissioner Suarez absent, to adjourn today's meeting. City ofMiami Page 29 Printed on 1/31/2011