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HomeMy WebLinkAboutCC 2011-10-27 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 Michelle Spence -Jones, Commissioner District Five Johnny Martinez, 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, October 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 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 RE - RESOLUTIONS DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) The Planning and Zoning item(s) shall not be considered before 2:00 PM. MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS City of Miami Page 1 Prinked on 11/4/2011 City Commission Marked Agenda October 27, 2011 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 11/4/2011 City Commission Marked Agenda October 27, 2011 9:00 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 PRESENTATION 11-01008 Special Item Presentation of Resolution in Support of the National Guard and Reserves 11-01008 Protocol Item.pdf PRESENTED 1) A presentation was made by Mayor Regalado and Mr. Charles Flowers on behalf of the Employer Support of the Guard and Reserve (ESGR) urging the City Commission to support a resolution endorsing the ESRG; further honoring and enforcing the Uniformed Services Employment and Reemployment Act (USERRA) whereby those employees who serve in the National Guard and Reserve are protected in their employment rights. INVOCATION AND PLEDGE OF ALLEGIANCE MAYORAL VETOES Present: Chairman Gort, Commissioner Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Spence -Jones On the 27th day of October 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 9:42 a.m., recessed at 12:11 p.m., reconvened at 2:42 p.m., and adjourned at 6:19 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission chambers at 9:44 a.m and Vice Chair Carollo entered the Commission chambers at 9:49 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Luis Cabrera, Acting City Manager Priscilla A. Thompson, City Clerk (Pursuant to Section 4(g)(5) of the charter of Miami, Florida, Item(s) vetoed by the Mayor shall be placed by the city clerk as the first substantive item(s) for the commission consideration.) NO MAYORAL VETOES APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Special Meeting of September 14, 2011 MOVED: Francis Suarez SECONDED: UNANIMOUS Marc David Sarnoff Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones City ofMiami Page 3 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 Planning and Zoning Meeting of September 27, 2011 MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Second Budget Hearing of September 27, 2011 MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion to APPROVE PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF APPROVING MINUTES City ofMiami Page 4 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 CA.1 RESOLUTION 11-00881 Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND UNITED POLICE FEDERAL CREDIT UNION, FOR USE OF APPROXIMATELY 1,136 SQUARE FEET OF OFFICE SPACE AND AN AUTOMATED TELLER MACHINE INSIDE THE CITY OF MIAMI POLICE DEPARTMENT HEADQUARTERS LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, FORA MONTHLY USE FEE OF $1,514.66 ($16 PER SQUARE FOOT) PLUS FLORIDA STATE USE TAX, IF APPLICABLE, FOR AN INITIAL TERM OF FIVE (5) YEARS, AND AN OPTION TO EXTEND FOR FIVE (5) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID AGREEMENT. 11-00881 Summary Form.pdf 11-00881 Legislation.pdf 11-00881 Exhibit 1.pdf R-11-0443 MOVED: Marc David Sarnoff SECONDED: Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Spence -Jones ABSENT: Commissioner(s) Suarez CA.2 RESOLUTION 11-00930 Department of Public Works 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 BEAUTIFICATION IMPROVEMENTS ALONG STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 14TH STREET TO NORTH OF NORTHWEST 15TH STREET , MIAMI, FLORIDA. 11-00930 Summary Form.pdf 11-00930 Crosswalk I m provements. pdf 11-00930 Contract Status Change - Checklist.pdf 11-00930 Pre -Joint Participation Agmt.pdf 11-00930 Legislation.pdf 11-00930 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Michelle Spence -Jones City ofMiami Page 5 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CONSENT AGENDA PH.1 RESOLUTION 11-00852 Department of Human Resources PH.2 11-00931 Department of Risk Management PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR CONSULTING SERVICES FOR CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT EXAMINATION PROCESSES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT(S) ("PSA") IN SUBSTANTIALLY THE ATTACHED FORM(S), BETWEEN THE CITY, AND THE CONSULTING FIRM THAT CURRENTLY HAS A PSA WITH THE CITY, EB JACOBS, LLC., TO PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES FOR THE CLASSIFICATIONS OF CHIEF FIRE OFFICER, FIRE CAPTAIN, AND FIRE LIEUTENANT, FOR THE DEPARTMENT OF HUMAN RESOURCES, FOR A MAXIMUM AMOUNT OF $380,972, AS STATED HEREIN. 11-00852 Summary Form.pdf 11-00852 Memo - Fire -Rescue Exam Contract.pdf 11-00852 Notice to the Public.pdf 11-00852 Second & Final Renewal.pdf 11-00852 Pre-Legislation.pdf 11-00852 Legislation.pdf 11-00852 Exhibit 1.pdf R-11-0449 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Michelle Spence -Jones Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES City ofMiami Page 6 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 FR.1 11-00799 Department of Public Facilities AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"), FOR THE PROCUREMENT OF EMPLOYEE HEALTH BENEFIT PLAN ADMINISTRATION SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CONNECTICUT GENERAL LIFE INSURANCE COMPANY,THE EXISTING PROVIDER FOR SAID SERVICES, ON A CONTRACTUAL BASIS FOR A TWO (2) YEAR PERIOD, EFFECTIVE JANUARY 1, 2012 THROUGH JANUARY 1, 2014, WITH NO OPTION TO EXTEND, IN AN AMOUNT NOT TO EXCEED $2,711,486 FOR TWO (2) YEARS; ALLOCATING FUNDS FROM THE GENERAL OPERATING BUDGET OF THE DEPARTMENT OF RISK MANAGEMENT, ACCOUNT CODE NO. 05002.301001.523000.0000.00000. 11-00931 Summary Form.pdf 11-00931 Memo - Employee Benefit Health Plan.pdf 11-00931 Notice to the Public.pdf 11-00931 Memos - RFP Employee Benefit Health Plan.pdf 11-00931 Legislation.pdf 11-00931 Exhibit 1.pdf R-11-0450 MOVED: Francis Suarez SECONDED: Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff END OF PUBLIC HEARINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/IN GENERAL", MORE PARTICULARLY BY RESCINDING IN ITS ENTIRETY, SECTION 38-8, ENTITLED "USE OF MANUELARTIME COMMUNITY CENTER"; FURTHER AMENDING CHAPTER 53 OF THE CITY CODE, ENTITLED "STADIUMS AND CONVENTIONS", BY CREATING A NEW ARTICLE V, ENTITLED "MANUELARTIME COMMUNITY CENTER', AUTHORIZING THE ADJUSTMENT OF VARIOUS RENTAL FEES FOR USE OF THE MANUELARTIME COMMUNITY CENTER; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00799 Summary Form.pdf 11-00799 Manuel Arti me Fee Analysis. pdf 11-00799 Legislation.pdf MOVED: Francis Suarez SECONDED: Michelle Spence -Jones City ofMiami Page 7 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 FR.2 11-00940 Office of the City Attorney FR.3 UNANIMOUS Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PARKS AND RECREATION/USE REGULATIONS," AND CHAPTER 45 OF THE CITY CODE, ENTITLED "PUBLIC ORDER", TO REMOVE LANGUAGE INCONSISTENT WITH SECTION 790.33 FLORIDA STATUTES, AS AMENDED, MORE PARTICULARLY BY REPEALING SECTION 38-55, ENTITLED "FIREARMS, EXPLOSIVES OR AIR POWERED WEAPONS', TO REPEAL THE PROHIBITION OF POSSESSING FIREARMS IN PARKS AND BY AMENDING SECTION 45-4, ENTITLED "SAME -DESIGNATED", TO REPEAL THE REGULATION OF FIREARMS DURING A DECLARED STATE OF EMERGENCY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 11-00940 Memo - Office of the City Attorney.pdf 11-00940 Legislation.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Marc David Sarnoff Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading 11-00882 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, Department of FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL", MORE Building PARTICULARLY BY AMENDING SECTIONS 10-4 AND 10-5, IN ORDER TO CHANGE THE SCHEDULE OF FEES, AND WAIVED FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. FR.4 11-00987 11-00882 Summary Form.pdf 11-00882 Legislation 10/27/11.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 8 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 City Manager's CHAPTER 53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Office AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/ IN GENERAL, MORE PARTICULARLY BY AMENDING SECTION 53-1 TO INCREASE THE RATE OF SURCHARGE PAYMENT ON PAID ADMISSIONS, ALLOWING THE SURCHARGE TO APPLY WHERE TICKETED EVENTS OCCUR IN THE PUBLIC RIGHT-OF-WAY, AND PROVIDING FORA CERTAIN PORTION OF THE TICKET SURCHARGE TO BE ALLOCATED SPECIFICALLY TO FUND PARADES, COMMUNITY EVENTS, AND COMMUNITY PROGRAMS, AS APPROVED BY THE COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR: COMMISSIONER MICHELLE SPENCE-JONES 11-00987 Summary Form.pdf 11-00987 Legislation.pdf MOVED: Michelle Spence -Jones SECONDED: UNANIMOUS Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 11-00301 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING PAYMENT IN AN AMOUNT OF Department of $59,166.72, TO GIANNETTI CONTRACTING CORP., FOR THE NORTH Capital BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658, IN Improvements CONNECTION WITH THE FINANCIAL INCENTIVE PROVISION INCLUDED Program IN THE CONTRACT; FURTHER AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $59,166.72; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-50658, FOR SAID PURPOSE. 11-00301 Summary Form 10-27-11.pdf 11-00301 Email - North Bayshore Drive - Bonus Payment 10-27-11.pdf 11-00301 Letter - Drainage Project CIP B#50658.pdf 11-00301 Pre-Legislation.pdf 11-00301 Legislation (Version 2) 10-27-11.pdf 11-00301 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Frank Carollo Motion that this matter be DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Note for the Record: Item RE.1 was deferred to the December 15, 2011, Miami City City ofMiami Page 9 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 RE.2 Commission Meeting. RESOLUTION 11-00800 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, Capital WITH MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC Improvements TRANSPORTATION SERVICES WITH SAID SERVICES TO BE PROVIDED Program BY THE CITY OF MIAMI THROUGH A PROFESSIONAL SERVICES AGREEMENT WITH AN OPERATOR, SUBJECT TO CITY COMMISSION APPROVALATA FUTURE MEETING; PROVIDING FOR THE IMPLEMENTATION, OPERATION, AND MAINTENANCE OF THE MIAMI TROLLEY SYSTEM. 11-00800 Summary Form.pdf 11-00800 Legislation (Version 2) 10-27-11.pdf 11-00800 Exhibit 1.pdf R-11-0454 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Marc David Sarnoff Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.3 RESOLUTION 11-00851 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT FROM THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD ("SFWIB"), IN THE AMOUNT OF $1,488,206, FOR PROGRAMMATIC AND OPERATING EXPENDITURES AND $790,042 FORA JOB TRAINING PROGRAM, FOR A TOTAL AMOUNT OF $2,278,248, FOR THE ESTABLISHMENT OF A NEW ONE STOP WORKFORCE CENTER ("CENTER") AT THE LINDSEY HOPKINS EDUCATIONAL FACILITY ("FACILITY"), AND A REIMBURSABLE GRANT FROM SFWIB IN THE AMOUNT OF $50,000, FOR THE RENOVATION AND IMPROVEMENTS TO THE FACILITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH SFWIB AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARDS; FURTHER AUTHORIZING THE ALLOCATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE SPECIAL REVENUE FUND ENTITLED "ACCESS MIAMI" TO UNDERWRITE EXPENSES RESULTING FROM THE ESTABLISHMENT AND OPERATION OF THE CENTER NOT COVERED UNDER THE GRANTS; AND FURTHER AUTHORIZING UP TO THIRTY (30) GRANT FUNDED POSITIONS IN THE OFFICE OF GRANTS ADMINISTRATION AND SUSTAINABLE INITIATIVES. City ofMiami Page 10 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 RE.4 11-00932 Department of Purchasing 11-00851 Summary Form.pdf 11-00851 Career Center - Proposal.pdf 11-00851 Legislation.pdf R-11-0444 MOVED: SECONDED: Michelle Spence -Jones Frank Carollo Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Carollo, Suarez and Spence -Jones ABSENT: Commissioner(s) Sarnoff Direction by Chair Gort to the Administration to provide a monthly report to the City Commission regarding the City's compliance with the grant requirements issued by the South Florida Workforce Investment Board. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF DEBT COLLECTION SERVICES, FROM PENN CREDIT CORPORATION, UNDER AN ALL-INCLUSIVE FIXED CONTINGENCY FEE OF FIFTEEN PERCENT (15%), ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, USING THE EXISTING CITY OF TAMPA REQUEST FOR PROPOSALS NO. 61081108, EFFECTIVE THROUGH APRI L 1, 2014, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF TAMPA; 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. 11-00932 Summary Form.pdf 11-00932 Pre-Agreement.pdf 11-00932 Legislation .pdf R-11-0445 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 Spence -Jones RE.5 RESOLUTION 11-00933 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Department of INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE Capital COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, TO PERFORM Improvements CERTAIN TRAFFIC ENGINEERING FUNCTIONS AND TO ALLOW THE Program CITY OF MIAMI ("CITY") TO INSTALL AND MAINTAIN CERTAIN TRAFFIC CONTROL DEVICES OR SIGNS WITHIN LOCAL MUNICIPAL STREETS OPERATED AND MAINTAINED BY THE CITY. City ofMiami Page 11 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 11-00933 Summary Form.pdf 11-00933 Legislation.pdf 11-00933 Exhibit 1.pdf R-11-0451 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.6 RESOLUTION 11-00934 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE CITY MANAGERS EXECUTION OF Department of CONSTRUCTION AGREEMENTS WITH THE FLORIDA DEPARTMENT OF Capital TRANSPORTATION ("FDOT"), FOR THE CITY OF MIAMI IMPROVEMENT Improvements PROJECTS LOCATED WITHIN FDOTS RIGHT OF AWAY, AS IDENTIFIED Program IN "ATTACHMENT A", ATTACHED AND INCORPORATED. 11-00934 Summary Form.pdf 11-00934 Pre-Legislation.pdf 11-00934 Legislation.pdf 11-00934 Exhibit 1.pdf R-11-0446 MOVED: SECONDED: UNANIMOUS Marc David Sarnoff Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.7 RESOLUTION 11-00935 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEE'S PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. 11-00935 MiMo BID CCMemo.pdf 11-00935 Pre-Legislation.pdf 11-00935 Legislation.pdf 11-00935 Certification of MiMo BID (ExhibitA).pdf R-11-0447 MOVED: SECONDED: Francis Suarez Frank Carollo City ofMiami Page 12 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.8 RESOLUTION 11-00203 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") Department of AMENDED 2010-2011 MULTI -YEAR CAPITAL PLAN ("PLAN"), WHICH Capital INCLUDES THE PROJECTS IN DISTRICT 3, ATTACHED AND Improvements INCORPORATED, AS REQUIRED BY SECTION 163.3177, FLORIDA Program STATUTES (2010), AND PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL INTEGRITY PRINCIPLES," TO SET FORTH THE CITY'S FISCAL NEEDS FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW, TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING ALLOCATIONS AS NECESSARY. 11-00203 Summary Form.pdf 11-00203 Legislation.pdf 11-00203 Exhibit 1.pdf MOVED: Francis Suarez SECONDED: UNANIMOUS Michelle Spence -Jones Motion that this matter be WITHDRAWN PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones RE.9 RESOLUTION 11-00751 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Department of AMENDMENT NUMBER 6 TO THE CONSTRUCTION MANAGER AT RISK Capital AGREEMENT ("AGREEMENT"), WITH SUFFOLK CONSTRUCTION Improvements COMPANY, INC., FOR THE STADIUM SITE PARKING PROJECT, IN Program SUBSTANTIALLY THE ATTACHED FORM, TO REMEDY THE STRUCTURAL DEFICIENCIES WITHIN THE FOUR PARKING GARAGES CAUSED BY DESIGN ERRORS OR OMISSIONS, INCREASING THE AGREEMENT BY $2,500,000, FROM AN ORIGINAL $73,000,000, TO A TOTAL NOT TO EXCEED GUARANTEED MAXIMUM PRICE OF $75,500,000; ALLOCATING SAID FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30648. 11-00751 Summary Form.pdf 11-00751 Letter - Structural Deficiencies.pdf 11-00751 Letter - Miami Marlins Ballpark.pdf 11-00751 Pre-Legislations.pdf 11-00751 Risk Agrmt.with Suffolk Contruction. pdf 11-00751 Legislation.pdf 11-00751 Exhibit 1.pdf R-11-0448 City of Miami Page 13 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez NOES: Commissioner(s) Spence -Jones RE.10 RESOLUTION 11-00983 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE Department of AND TO EXECUTE AMENDMENTS TO THE PARTICIPATION AGREEMENT Community (INCLUDING ALL THE ATTACHMENTS THERETO, DATED AS OF AUGUST Development 3, 2007 ("PARTICIPATION AGREEMENT), AND THE ASSUMPTION OF LOAN GUARANTEE ASSISTANCE AND LIABILITY AND PLEDGE AGREEMENT, INCLUDING ALL ATTACHMENTS THERETO, ("ASSUMPTION"), AFTER CONSULTATION WITH THE CITY ATTORNEY, PROVIDING FOR THE REFINANCING OF THE CITY OF MIAMI'S ("CITY") ASSUMPTION OF NOT TO EXCEED EIGHTY PERCENT (80%) OF MIAMI-DADE COUNTY'S ("COUNTY") LIABILITY UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTS SECTION 108 LOAN ("SECTION 108 LOAN") USED BY THE COUNTY, IN CONNECTION WITH THE MODIFICATION OF SECTION 108 LOAN WHICH WAS IN THE ORIGINAL PRINCIPAL LOAN AMOUNT OF $25,000,000, FOR PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), AND ALL OTHER DOCUMENTS AS MAY BE REQUIRED IN CONNECTION TO AMENDING SUCH PARTICIPATION AGREEMENT AND ASSUMPTION TO PROVIDE COSTS SAVINGS TO THE CITY AND THE COUNTY, SUBJECT TO CITY ATTORNEY APPROVAL; FURTHER CONSENTING TO AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, AFTER CONSULTATION WITH THE CITY ATTORNEY, ANY OTHER RELATED MODIFICATIONS, AMENDMENTS, SUPPLEMENTS, AND OTHER DOCUMENTS AS NECESSARY, TO ACCOMPLISH SUCH COST SAVINGS TO THE CITY. 11-00983 Summary Form.pdf 11-00983 Legislation.pdf 11-00983 Exhibit 1.pdf R-11-0442 MOVED: SECONDED: UNANIMOUS Francis Suarez Marc David Sarnoff Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF RESOLUTIONS DISCUSSION ITEM City ofMiami Page 14 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 DI.1 DISCUSSION ITEM 11-00936 Department of Management and Budget DISCUSSION REGARDING A MONTHLY UPDATE OF THE CURRENT FISCAL YEAR BUDGET STATUS. 11-00936 Summary Form.pdf DISCUSSED END OF DISCUSSION ITEM PART B: PLANNING AND ZONING ITEMS The following item(s) shall not be considered before 2:00 PM. PZ.1 RESOLUTION 10-00612ww A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACKS: 1) AS SET FORTH IN SECTION 3(MM)(I)(B) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER"), MODIFYING THE WATERFRONT SIDE -YARD REQUIREMENT OF TWENTY-FIVE PERCENT (25%) OF THE WATER FRONTAGE OF EACH LOT, BASED ON AVERAGE LOT WIDTH OF 276.2 FEET, AS FOLLOWS: WATERFRONT SIDE -YARD SETBACKS REQUIRED 69'0", PROPOSED EAST 5'0", PROPOSED WEST 8'0", PROPOSED VIEW CORRIDOR (CENTER) 52'7" (TOTAL PROPOSED 65'7"), REQUEST TO MODIFY 3'5"; AND 2) AS SET FORTH IN SECTION 3(MM)(I)(A) OF THE CHARTER, MODIFYING THE REQUIRED WATERFRONT SETBACK OF 13'6.4", PROPOSED 13'1.8", REQUEST TO MODIFY 0'4.6"; FOR THE PROPERTIES LOCATED AT APPROXIMATELY 39 AND 55 SOUTHWEST MIAMI AVENUE ROAD, MIAMI, FLORIDA. City ofMiami Page 15 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Approximately 39 & 55 SW Miami Avenue Road [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of 55 SW Miami Avenue Road, LLC (Owner) FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. MIAMI RIVER COMMISSION: Recommends approval on July 11, 2011 by a vote of 7-4. WATERFRONT ADVISORY BOARD (WAB): Recommends approval with a condition* on July 12, 2011 by a vote of 7-1. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommends approval with conditions* on October 5, 2011 by a vote of 9-0. *See WAB and PZAB Resolutions. PURPOSE: This will allow the construction of a new waterfront -commercial building along the Miami River for the Big Fish Restaurant project. 1 0-00612ww Analysis & Maps.pdf 10-00612ww Miami River Commission Ltr, WAB & PZAB Resos.pdf 1 0-00612ww Application & Supporting Documents.pdf 10-00612ww CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.2 RESOLUTION 04-00897cr A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A RELEASE TO A DECLARATION OF RESTRICTIONS ("COVENANT') DATED DECEMBER 20, 2004 AND RECORDED IN OFFICIAL RECORDS BOOK 22923, PAGES 3035-3038, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255, 2263 & 2295 SOUTHWEST 37TH AVENUE; 3685 & 3695 SOUTHWEST 23RD STREET; AND 3672 & 3688 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA. City ofMiami Page 16 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 PZ.3 11-00585zt LOCATION: Approximately 2255, 2263 & 2295 SW 37th Avenue; 3685 & 3695 SW 23rd Street; and 3672 & 3688 SW 22nd Terrace [Commissioner Francis Suarez - District 4] APPLICANT(S): Patricia M. Baloyra, Esquire, on behalf of Berkley Investment Holdings, LLC FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. PURPOSE: This will allow the release of the above -mentioned covenant relating to all the properties herein specified and previously -approved multifamily residential building with a maximum F.A.R. of 2.4 for the entire properties. The current Miami 21 zoning designation allows for an F.L.R. of 5 with a "T6-8-O" Urban Core Zone designation. Releasing this covenant will not impact the approved zoning. 04-00897cr PZAB 11-02-11 Supporting Docs.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, ENTITLED "STANDARDS AND TABLES", TO CLARIFY LANGUAGE FOR PARKING REDUCTIONS, TO CORRECT LANGUAGE AND CROSS REFERENCES, AND TO UPDATE THE REFERENCE DIAGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 17 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 PZ.4 11-00806zt LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD (PZAB): Recommends approval with a modification* to City Commission on July 6, 2011 by a vote of 7-0. *See PZAB Resolution. PURPOSE: This will allow minor and non -substantial changes to Article 4 of the Miami 21 Code to clarify language, remove irrelevant references and correct cross-references, and update diagrams previously approved by the City Commission. 11-00585zt CC 10-27-11 SR Fact Sheet.pdf 11-00585zt PZAB Reso & CC Legislation (Ver. 2) with Exhibits.pdf 13290 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 Spence -Jones 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 MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 18 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Citywide APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: For File ID 10-00963zt1, recommended approval to City Commission on May 18, 2011 by a vote of 7-1. PURPOSE: This will establish equivalent regulations and requirements from former Zoning Ordinance No. 11000 and place them in the Miami 21 Code; more specifically, to establish conditions and requirements for pleasure water crafts in T3 and T4 Transect Zones. 08-00806zt PZAB (10-00963zt1) Reso & CC Legislation (Ver. 1).pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.5 PZAB RESOLUTION 08-00166zc1 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN, "T4-R" GENERAL URBAN, "T5-0" URBAN CENTER, AND "CS" CIVIC SPACE TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T6-8-0" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3400, 3428, 3440, 3432, 3456, AND 3396 GRAND AVENUE; 3241, 3401, 3435, 3441 AND 3445 HIBISCUS STREET; 3441, 3439, 3407, AND 3454 THOMAS AVENUE; AND 3420 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 19 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Approximately 3400, 3428, 3440, 3432, 3456, 3396 and Grand Avenue; 3241, 3401, 3435, 3441 and 3445 Hibiscus Street; 3441, 3439, 3407, and 3454 Thomas Avenue; and 3420 Elizabeth Street (Paradise Island Block - Front) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Paradise Island Development Corp., City of Miami, George and Dazelle Simpson, Evelyn Roberts, Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1a, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc1 PZAB Supporting Docs 11-02-11.pdf 08-00166zc1 Analysis and Graphics.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.6 PZAB RESOLUTION 08-00166zc1a TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T4-R" GENERAL URBAN TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, "SD-12" SPECIAL BUFFER OVERLAY DISTRICT, AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL City ofMiami Page 20 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS AMENDED, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3449 HIBISCUS STREET; 3460, 3452, 3440, AND 3430 THOMAS AVENUE; AND 3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3449 Hibiscus Street; 3460, 3452, 3440 and 3430 Thomas Avenue; and 3454 and 3456 Elizabeth Street (Paradise Island Block - Rear) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Paradise Island, LLC, Christ Episcopal Church, Inc., and Christ Protestant Episcopal Church, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc2, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD2" (Neighborhood Conservation District) Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc1 PZAB Supporting docs 11-02-11.pdf 08-00166zc1 a Analysis and Graphics.pdf OBSOLETE MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.7 PZAB RESOLUTION 08-00166zc2 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-O" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE City ofMiami Page 2] Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-0" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3380, 3370 AND 3340 FLORIDAAVENUE; AND 3301, 3355, 3375 AND 3395 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3380, 3370 and 3340 Florida Avenue; and 3301, 3355, 3375 and 3395 Grand Avenue (Grand Bahama Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Grand Bahama, LLC, Twyman E. Bentley, Jr., Jarrette Bay Investments Corp., Grand Bahamas Dev of Village West Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc3, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-0" Urban Center with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc2 PZAB Supporting Docs 11-02-11.pdf 08-00166zc2 Analysis and Graphics. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.8 PZAB RESOLUTION 08-00166zc3 TO BE CONTINUED BY ADMINISTRATION City ofMiami Page 22 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIALAND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-0" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3361 HIBISCUS STREET; 3440, 3422, 3400, 3412 AND 3472 FLORIDAAVENUE; 3415, 3441, 3461, 3485, 3495, 3475, 3401 AND 3471 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3361 Hibiscus Street; 3440, 3422, 3400, 3412 and 3472 Florida Avenue; 3415, 3441, 3461, 3485, 3495, 3475, 3401 and 3471 Grand Avenue (Nassau Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GC Nassau, LLC, Stirrup Properties, Inc., George A. & Dazelle Simpson, Paradise Island Dev. Corp., Nassau Development of Village West Corp. and Andros Development Corp., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc4 and 08-00166zc5. PURPOSE: This will change the above properties to "T5-0" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc3 PZAB Supporting Docs 11-02-11.pdf 08-00166zc3 Analysis and Graphics. pdf City ofMiami Page 23 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.9 PZAB RESOLUTION 08-00166zc4 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN AND "T5-0" URBAN CENTER TRANSECT ZONES WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL AND "0" OFFICE WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T6-8-O" URBAN CORE TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("C-1" RESTRICTED COMMERCIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY3363, 3353, 3341, 3335, 3325 AND 3315 THOMAS AVENUE; AND 3384, 3364, 3354, 3340, 3330, 3324, 3320 AND 3310 GRAND AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 24 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Approximately 3363, 3353, 3341, 3335, 3325 and 3315 Thomas Avenue; and 3384, 3364, 3354, 3340, 3330, 3324, 3320 and 3310 Grand Avenue (Abaco Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village, LLC, Applicant/Developer, GV Abaco, LLC, Grand Abaco Development of Village West Corp., 3354 Grand Inc., High Hopes, Inc., Grand Abaco Development II, Corp., George and Dazelle Simpson, Sheila Bullard and Stirrup Properties, Inc., Collectively Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc5. PURPOSE: This will change the above properties to "T6-8-O" Urban Core Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc4 PZAB Supporting Docs 11-02-11.pdf 08-00166zc4 Analysis and Graphics. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.10 PZAB RESOLUTION 08-00166zc5 TO BE CONTINUED BY ADMINISTRATION AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, ("R-1" SINGLE FAMILY RESIDENTIAL WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000) TO "T5-O" URBAN CENTER TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY, AS DEPICTED IN "EXHIBIT B", ("SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT WITH AN "SD-28" VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT AND City ofMiami Page 25 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 PZ.11 10-00667Iu "NCD-3" COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT IN ZONING ORDINANCE NO. 11000, AS DEPICTED IN "EXHIBIT C"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 3558 FLORIDAAVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAININGASEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3558 Florida Avenue (Freeport Block) [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lucia A. Dougherty, Esquire, on behalf of Grove Village LLC, Applicant/Developer, GV Freeport LLC, Contract Purchaser and Edna and Thomas Dermeritte, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval with conditions. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on October 19, 2011. See companion File IDs 08-00166zc1, 08-00166zc1 a, 08-00166zc2, 08-00166zc3 and 08-00166zc4. PURPOSE: This will change the above properties to "T5-O" Urban Center Transect Zone with a "Village West Island and Charles Avenue NCD-2" Overlay, as depicted in "Exhibit B", for the proposed Grove Village Major Use Special Permit. NOTE(S): On October 28, 2010, the City Commission adopted the companion Land Use Change application. 08-00166zc5 PZAB Supporting Docs 11-02-11.pdf 08-00166zc5 Analysis and Graphics. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 26 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-00667zc. PURPOSE: This will change the above property to "Duplex Residential'. 10-00667Iu Analysis, Maps, PZAB Reso & School Concurrency.pdf 10-00667Iu Application & Supporting Documents.pdf 10-006671u CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.12 ORDINANCE First Reading 10-00667zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "R-1" SINGLE-FAMILY RESIDENTIAL (IN ORDINANCE 11000) TO "T3-O" SUB -URBAN ZONE (IN MIAMI 21), FOR THE PROPERTY LOCATED AT APPROXIMATELY 212 NORTHWEST 25TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 212 NW 25th Avenue [Commissioner Frank Carollo - District 3] APPLICANT(S): Matthew Plonys, Vice President, on behalf of Boston Investors Group, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial. PLANNING, ZONING AND APPEALS BOARD: Recommends denial to City Commission on October 5, 2011 by a vote of 7-0. See companion File ID 10-006671u. PURPOSE: This will change the above property to "T3-O" Sub -Urban Zone -Open. City ofMiami Page 27 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 10-00667zcAnalysis, Maps & PZAB Reso.pdf 10-00667zc Application & Supporting Documents. pdf 10-00667zc CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.13 ORDINANCE First Reading 11-00699Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, 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 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-00699zc. PURPOSE: This will change the above property to "Restricted Commercial'. 11-006991u Analysis, Maps, School Concurrency & PZAB Reso.pdf 11-006991u Application & Supporting Documents.pdf 11-006991u CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.14 ORDINANCE First Reading City ofMiami Page 28 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 11-00699zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "Cl" CIVIC INSTITUTIONAL ZONE TO "T6-36B-O" URBAN CORE ZONE, FOR THE PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 230 SW 3rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Javier F. Avino, Esquire, on behalf of 230 SW 3rd St LLC, Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-0. See companion File ID 11-006991u. PURPOSE: This will change the above property to "T6-36B-O" Urban Core Zone. 11-00699zcAnalysis, Maps & PZAB Reso.pdf 11-00699zcApplication & Supporting Documents.pdf 11-00699zc CC Legislation (Version 2) & Exhi bit. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.15 ORDINANCE First Reading 11-007001u AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH 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. City ofMiami Page 29 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-00700zc. PURPOSE: This will change the above property to "Medium Density Restricted Commercial'. 11-007001u Analysis, Maps, School Concurrenty & PZAB Reso.pdf 11-007001u Application & Supporting Documents.pdf 11-007001u CC Legislation (Version 2) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.16 ORDINANCE First Reading 11-00700zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-R" URBAN CENTER ZONE -RESTRICTED TO "T5-O" URBAN CENTER ZONE -OPEN, FOR THE PROPERTY LOCATED AT APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 840 NE 78th Street [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Lynn M. Summers, Authorized Representative, on behalf of Marine Max East, Inc., Owner FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval to City Commission on October 5, 2011 by a vote of 8-1. See companion File ID 11-007001u. PURPOSE: This will change the above property to "T5-O" Urban Center Zone -Open. City ofMiami Page 30 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 11-00700zcAnalysis, Maps & PZAB Reso.pdf 11-00700zcApplication & Supporting Documents.pdf 11-00700zc CC Legislation (Version 2) & Exhi bit. pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.17 ORDINANCE First Reading 11-00698zc AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T5-L" URBAN CENTER ZONE AND "T6-8-O" URBAN CORE ZONE TO "T5-O" URBAN CENTER ZONE FOR THE SOUTH PORTION ONLY FOR THE PROPERTY LOCATED AT APPROXIMATELY 690 SOUTHWEST 8TH STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 690 SW 8th Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Mario Murgado, Owner, on behalf of Miami Automotive Retail, Inc. FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Recommends approval with a modification to change the south portion only to "T5-O" on September 26, 2011 by a vote of 7-0. PURPOSE: This will change the zoning designation of the south portion of the property from T5-L "Urban Center Zone -Limited" to T5-O "Urban Center Zone -Open", which will allow for a zoning designation at the subject property that matches its current use. 11-00698zcAnalysis, Maps, School Concurrency & PZAB Reso.pdf 11-00698zcApplication & Supporting Documents.pdf 11-00698zc CC Legislation (Version 2) & Exhi bit. pdf MOVED: SECONDED: UNANIMOUS Frank Carollo Francis Suarez Motion that this matter be PASSED ON FIRST READING PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.18 PZAB RESOLUTION 11-00875zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING City ofMiami Page 31 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4, "STANDARDS AND TABLES" AND ARTICLE 6, "SUPPLEMENTAL REGULATIONS", TO MODIFY REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT (D) ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. PLANNING, ZONING AND APPEALS BOARD: Pending recommendation on November 2, 2011. PURPOSE: This will modify requirements for public and commercial storage facilities in T5, T6, and District (D) Zones by providing additional flexibility to such use and remove distance separation requirements between such facilities. 11-00875zt PZAB 11-02-11 Supporting Docs.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be CONTINUED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones PZ.19 RESOLUTION 11-00321v 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 VARIANCES AS LISTED IN ARTICLE 5, SECTION 5.3.1(e); ARTICLE 7, SECTION 7.1.2.7(a); AND OFFSTREET PARKING GUIDES AND STANDARDS OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ALLOW A RELAXATION OF THE SIDE AND REAR SETBACKS IN T3-O AND REDUCTION OF PARKING AND GREEN AREA AS FOLLOWS: A) SIDE SETBACK (EAST) OF 3'10" (5'0" REQUIRED, REQUEST TO WAIVE 1'2"); B) REAR SETBACK (SOUTH) OF 5'10" (20'0" REQUIRED, REQUEST TO WAIVE 14'2"); C) PARKING OF 3 SPACES (4 PARKING SPACES REQUIRED, REQUEST TO WAIVE 1); D) REDUCTION OF THE REQUIRED FIVE (5) FEET YARD OF GREEN AREA AT THE EAST SIDE OF THE PROPERTY LINE, WHEN THE DRIVEWAY IS ADJACENT TO A PROPERTY LINE: PROPOSED 2'3" (REQUIRED 5'0", REQUEST TO WAIVE 2'9"), FOR THE PROPERTY LOCATED AT APPROXIMATELY 1772 NORTHWEST 30TH STREET, MIAMI, FLORIDA. City ofMiami Page 32 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 M.1 11-00941 LOCATION: Approximately 1772 NW 30th Street [Commissioner Wifredo (Willy) Gort - District 1] APPELLANT(S)/APPLICANT(S): Lowell J. Kuvin, Esquire, on behalf of Theresa M. Mathias and John Radu, Owners FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends denial of the appeal and denial of the original request. PLANNING, ZONING AND APPEALS BOARD: Denied the Variances on May 4, 2011 by a vote of 8-0. PURPOSE: The approval of this appeal will allow the legalization of an addition to a duplex structure. 11-00321v CC 10-27-11 Fact Sheet.pdf 11-00321vAppeal Ltr, Analysis, Maps & PZAB Reso.pdf 11-00321vApplication & Supporting Documents.pdf 11-00321v CC Legislation (Versions 3 & 4) & Exhibit.pdf MOVED: SECONDED: UNANIMOUS Francis Suarez Frank Carollo Motion that this matter be INDEFINITELY DEFERRED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING EMPLOYER SUPPORT FOR THE NATIONAL GUARD AND RESERVE, IN FURTHERANCE OF AMERICA'S ARMED SERVICE MEMBERS AND THEIR FAMILIES; FURTHER INSTRUCTING THE CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE CHAIRMAN OF THE NATIONAL COMMITTEE AND THE CHAIR OF THE FLORIDA COMMITTEE FOR EMPLOYEE SUPPORT OF THE GUARD AND RESERVE. 11-00941 Legislation.pdf R-11-0440 MOVED: SECONDED: UNANIMOUS Motion that this matter be ADOPTED PASSED by the following vote. Francis Suarez Michelle Spence -Jones City ofMiami Page 33 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 D2.1 11-00984 AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones END OF CITYWIDE ITEMS DISTRICT 1 CHAIRMAN WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ON FOLLOW UP STATUS ON THE POLICE HIRING'S. 11-00984 Email - Status on Police Hiring's.pdf DISCUSSED END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ D4.1 DISCUSSION ITEM 11-00988 DISCUSSION REGARDING POSSIBLE LEGISLATION REQUIRING PROPERTY OWNERS TO SECURE AND MAINTAIN VACANT PROPERTIES. 11-00988 Email - Secure & Maintain Vacant Properties.pdf DISCUSSED END OF DISTRICT 4 DISTRICT 5 City ofMiami Page 34 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 COMMISSIONER MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 RESOLUTION 11-01030 Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2011-2012 HOMELESS HOTEL/MOTEL, FEEDING AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") AGREEMENT ", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $447,166, CONSISTING OFAGRANTAWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR AN ADDITIONAL TWELVE (12) MONTH PERIOD, TO PROVIDE HOTEL/MOTEL ACCOMMODATION TO HOMELESS FAMILIES, STAFFING FOR HMIS, AND FEEDING PROGRAM COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT NUMBER 2 OF THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. R-11-0441 MOVED: SECONDED: UNANIMOUS Francis Suarez Michelle Spence -Jones Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones Direction by Chair Gort to the Administration to place a discussion item involving issues associated with homelessness on the November 17, 2011 Miami City Commission Meeting agenda; further directing that the Administration invite the Homeless Assistance Center (H.A.C) and the Executive Director of the Homeless Trust to answer questions by the Commissioners. Direction by Commissioner Sarnoff to the Administration to make a presentation that outlines strategies used by other cities throughout Miami -Dade County, City of Miami, and Miami -Dade County regarding issues related to the homeless. NA.2 RESOLUTION 11-01049 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER OR DESIGNEE TO SUPERVISE THE ADMINISTRATION AND PERSONNEL OF THE OFFICE OF THE AUDITOR GENERAL UNTIL SUCH TIME AS A PERSON IS SELECTED AS THE AUDITOR GENERAL. R-11-0452 MOVED: SECONDED: UNANIMOUS Michelle Spence -Jones Francis Suarez City ofMiami Page 35 Printed on 11/4/2011 City Commission Marked Agenda October 27, 2011 Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones NA.3 DISCUSSION ITEM 11-01051 DISCUSSION REGARDING ENVIRONMENTAL STUDIES PERFORMED ON THE SOIL TRANSFERRED FROM THE PORT TUNNEL TO VIRGINIA KEY BEACH, IN ADDITION TO THE TERMS OF AGREEMENT WITH CONTRACTOR. DISCUSSED NA.4 RESOLUTION 11-01038 A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 62-521(B) (4) OF THE CODE OF THE CITY OF MIAMI, District2- FLORIDA, AS AMENDED, THE TEMPORARY EVENT TWO (2) EVENT Commissioner Marc LIMITATION PER PROPERTY TO ALLOW THE BOYS AND GIRLS CLUB OF David Sarnoff MIAMI-DADE, INC. TO SELL FIREWORKS AT THE PROPERTY LOCATED AT 2805 SOUTHWEST 32ND AVENUE, MIAMI, FLORIDA, BEGINNING DECEMBER 27, 2011 AND ENDING DECEMBER 31, 2011. R-11-0453 MOVED: SECONDED: Frank Carollo Francis Suarez Motion that this matter be ADOPTED PASSED by the following vote. AYES: Commissioner(s) Gort, Sarnoff, Carollo and Suarez ABSENT: Commissioner(s) Spence -Jones NA.5 DISCUSSION ITEM 11-01053 DISCUSSION BY COMMISSIONER SARNOFF ON STATUS OF PAYROLL DEDUCTIONS FOR TAKE HOME VEHICLES. DISCUSSED NA.6 DISCUSSION ITEM 11-01055 DISCUSSION REGARDING THE IMPLEMENTATION OF A PILOT PROGRAM INVOLVING IN -CAR CAMERAS FOR POLICE VEHICLES USED BY THE CITY OF MIAMI POLICE DEPARTMENT. DISCUSSED ADJOURNMENT City ofMiami Page 36 Printed on 11/4/2011