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HomeMy WebLinkAboutCC 2023-10-26 AgendaCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Agenda Thursday, October 26, 2023 9:00 AM City Commission Meeting City Hall City Commission Francis X. Suarez, Mayor Christine King, Chair, District Five Joe Carollo, Vice Chair, District Three Commissioner, District One Sabina Covo, Commissioner, District Two Manolo Reyes, Commissioner, District Four Arthur Noriega, V, City Manager Victoria Mendez, City Attorney Todd B. Hannon, City Clerk City Commission Meeting Agenda October 26, 2023 ANY PERSON WHO IS A LOBBYIST PURSUANT TO CHAPTER 2, ARTICLE VI OF THE CITY CODE MUST REGISTER WITH THE CITY CLERK AND COMPLY WITH RELATED CITY REQUIREMENTS FOR LOBBYISTS PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES, AND THE CITY COMMISSION. A COPY OF THE CITY CODE SECTION IS AVAILABLE AT THE OFFICE OF THE CITY CLERK OR ONLINE AT WWW.MUNICODE.COM. ANY PERSON MAKING A PRESENTATION, FORMAL REQUEST, OR PETITION TO THE CITY COMMISSION CONCERNING REAL PROPERTY MUST MAKE THE DISCLOSURES REQUIRED BY THE CITY CODE IN WRITING. A COPY OF THIS CITY CODE SECTION IS AVAILABLE AT THE OFFICE OF THE CITY CLERK OR ONLINE AT WWW.MUNICODE.COM. PURSUANT TO SECTION 4(G)(5) OF THE CITY CHARTER, THE MAYOR MAY VETO CERTAIN ITEMS APPROVED BY THE CITY COMMISSION WITHIN TEN CALENDAR DAYS FOLLOWING THE COMMISSION ACTION. THE CITY COMMISSION MAY, AFTER THE VETO OCCURS, OVERRIDE SUCH VETO BYA FOUR - FIFTHS VOTE OF THE COMMISSIONERS THEN PRESENT. ANY PERSON MAKING OFFENSIVE REMARKS OR WHO BECOMES UNRULY IN THE COMMISSION CHAMBERS WILL BE BARRED FROM FURTHER ATTENDING CITY COMMISSION MEETINGS AND MAY BE SUBJECT TO ARREST. NO CLAPPING, APPLAUDING, HECKLING, OR VERBAL OUTBURSTS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMITTED. NO SIGNS OR PLACARDS SHALL BE ALLOWED IN THE COMMISSION CHAMBERS. PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE MATERIAL FOR EACH ITEM ON THE AGENDA IS AVAILABLE DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK AND ON-LINE, 24 HOURS A DAY, AT WWW. MIAMIGOV.COM. ANY PERSON MAY BE HEARD BY THE CITY COMMISSION, THROUGH THE CHAIR FOR NOT MORE THAN TWO MINUTES, ON ANY PROPOSITION BEFORE THE CITY COMMISSION UNLESS MODIFIED BY THE CHAIR. IF THE PROPOSITION IS BEING CONTINUED OR RESCHEDULED, THE OPPORTUNITY TO BE HEARD MAY BE AT SUCH LATER DATE, BEFORE THE CITY COMMISSION TAKES ACTION ON SUCH PROPOSITION. THE CHAIR WILL ADVISE THE PUBLIC WHEN THE PUBLIC MAY HAVE THE OPPORTUNITY TO ADDRESS THE CITY COMMISSION DURING THE PUBLIC COMMENT PERIOD OR AT ANY OTHER DESIGNATED TIME. * * * * * * * * * * * * * * * * * * * * * ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION FOR ANY MATTER CONSIDERED AT THIS MEETING MAY NEED A VERBATIM RECORD OF THE ITEM. A VIDEO OF THIS MEETING MAY BE REQUESTED AT THE DEPARTMENT OF COMMUNICATIONS OR VIEWED ONLINE AT WWW.MIAMIGOV.COM. ANY PERSON WITH A DISABILITY REQUIRING ASSISTANCE, AUXILIARY AIDS, AND SERVICES FOR MEETINGS MAY NOTIFY THE OFFICE OF THE CITY CLERK. * * * * * * * * * * * * * * * * * * * * * THE LUNCH RECESS WILL BEGIN AT THE CONCLUSION OF DELIBERATION OF THE AGENDA ITEM BEING CONSIDERED AT NOON. THE MEETING WILL END EITHER AT THE CONCLUSION OF THE DELIBERATION OF THE AGENDA ITEM BEING CONSIDERED AT 10:00 P.M. OR AT THE CONCLUSION OF THE REGULARLY SCHEDULED AGENDA, WHICHEVER OCCURS FIRST. THIS RULE DOES NOT APPLY WHEN THE CITY COMMISSION IS ENGAGED IN ITS ANNUAL BUDGET HEARINGS (ORDINANCE 12586). IN THE EVENT THAT A SCHEDULED CITY COMMISSION MEETING IS CANCELLED OR IS NOT HELD DUE TO A LACK OF A QUORUM OR OTHER EMERGENCY, A SPECIAL CITY COMMISSION MEETING WILL BE AUTOMATICALLY SCHEDULED FOR THE TUESDAY IMMEDIATELY FOLLOWING THE CANCELLED MEETING. ALL OF THE SCHEDULED AGENDA ITEMS FROM THAT CANCELLED MEETING SHALL AUTOMATICALLY BE SCHEDULED AS AN AGENDA ITEM AT THE SPECIAL CITY COMMISSION MEETING (ORDINANCE 14087). City of Miami Page 2 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PR - PRESENTATIONS AND PROCLAMATIONS 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE INVOCATION BY PASTOR DEVIN BROWN OF GREATER ST. JAMES MBC 4875 NW 2 IN MIAMI, FL 33127 AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: AM.1 City Commission City Commission Meeting of July 27, 2023 9:00 AM MV - MAYORAL VETO(ES) (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.) END OF MAYORAL VETO(ES) City of Miami Page 3 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 CA - CONSENT AGENDA Unless a member of the City Commission wishes to remove a specific item from this portion of the agenda, Items CA.1 through CA.8 constitute the Consent Agenda. These resolutions are self-explanatory and are not expected to require additional review or discussion. Each item will be recorded as individually numbered resolutions, adopted unanimously by the following motion. "...that the Consent Agenda comprised of items CA.1 through CA.8 be adopted..." The Presiding Officer or City Clerk shall state the following: "Before the vote on adopting items included in the Consent Agenda is taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the Consent Agenda. Hearing none, the vote on the adoption of the Consent Agenda will now be taken." CA.1 RESOLUTION 14786 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF RAMON RODRIGUEZ, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $35,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF $34,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM ACCOUNT NO. 00001.980000.531010.0000.00000. Districts Impacted: N/A City of Miami Page 4 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 CA.2 14702 Department of Police CA.3 14855 Department of Police RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND SUPPORT PROGRAM"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LETTER OF AGREEMENT AND CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE UNIVERSITY OF NORTH FLORIDA TRAINING AND SERVICES INSTITUTE, INC., D/B/A INSTITUTE OF POLICE TECHNOLOGY AND MANAGEMENT, FOR THE REIMBURSEMENT OF OVERTIME EXPENSES IN AN AMOUNT NOT TO EXCEED $122,942.96, WITH NO CITY OF MIAMI MATCH REQUIRED, FOR MIAMI POLICE DEPARTMENT ("MPD") OFFICERS CONDUCTING TRAFFIC ENFORCEMENT DETAILS AND COMMUNITY EDUCATION INITIATIVES CONSISTENT WITH THE PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY ENFORCEMENT AND SUPPORT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID FUNDS. Districts Impacted: All RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ABILITY TO ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING BUT NOT LIMITED TO NATURAL AND MAN-MADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES, TITLED "FLORIDA MUTUAL AID ACT." Districts Impacted: All City of Miami Page 5 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 CA.4 14701 Department of Police CA.5 14863 Department of Resilience and Public Works CA.6 14633 Department of Resilience and Public Works RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED "2023-2024 VICTIMS OF CRIME ACT (VOCA') GRANT," CONSISTING OF SAID GRANT IN AN AMOUNT NOT TO EXCEED $307,716.00, WITH NO MATCHING FUNDS REQUIRED, TO PROVIDE FUNDING FOR PERSONNEL SERVICES AND OPERATIONAL EXPENSES OF THREE (3) FULL-TIME TEMPORARY ADVOCATE POSITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT AS WELL AS ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE AND ADMINISTRATION OF THE GRANT. Districts Impacted: All RESOLUTION MAY BE DEFERRED A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPLEMENTATION OF A PERMIT PROCESS FOR HOMEOWNERS TO ALLOW FOR THE PLANTING OF TREES, SHRUBS AND PLANTS IN THE PUBLIC RIGHT-OF-WAY. Districts Impacted: All RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING ONE (1) RIGHT-OF-WAY DEED OF DEDICATION AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("DEED"), FOR RIGHT-OF-WAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF THE DEED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A COPY OF THE DEED. Districts Impacted: All City of Miami Page 6 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 CA.7 14413 Office of the City Attorney CA.8 14826 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY LEONARDO GUZMAN, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $165,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE STYLED LEONARDO GUZMAN VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY FLORIDA, CASE NO. 20-012158-CA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS BROUGHT FOR NEGLIGENCE PENDING IN STATE COURT AND A DISMISSAL OF THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. Districts Impacted: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE MANAGER TO ACCEPT A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF SIX HUNDRED THOUSAND DOLLARS ($600,000.00) FROM SOUTHERN WASTE SYSTEMS, LLC., N/K/A LGL SYSTEMS, LLC, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI V. SOUTHERN WASTE SYSTEMS, LLC, N/K/A LGL SYSTEMS, LLC, CASE NO. 2020-020159- CA-01, IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, PURSUANT TO THE TERMS OF A SETTLEMENT AGREEMENT AND RELEASE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM TO BE ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. Districts Impacted: END OF CONSENT AGENDA City of Miami Page 7 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PH.1 14781 Department of Housing and Community Development PH - PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-72 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ALLOCATING FUNDS IN THE AMOUNT OF $487,422.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR PROGRAM YEAR 2023-2024 FROM THE SOCIAL SERVICE GAP PROGRAM FUNDS, ACCOUNT NO. 14010.910199.481000; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. Districts Impacted: All City of Miami Page 8 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PH.2 RESOLUTION 13971 Department of Resilience and Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AERIAL EASEMENT ("EASEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH ROSA 55 MORNINGSIDE LLC, FOR A PEDESTRIAN BRIDGE OVER AND ACROSS THE CITY OF MIAMI'S RIGHT-OF-WAY KNOWN AS NORTHEAST 55 STREET BETWEEN 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD MIAMI, FLORIDA, PURSUANT TO SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WITH CERTAIN USER FEES REQUIRED; MAKING FINDINGS; REQUIRING A COVENANT RUNNING WITH THE LAND; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE GRANTING OF THE EASEMENT; APPROVING AND AUTHORIZING THE RECORDATION OF THE EASEMENT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Districts Impacted: District 2 History: 06/08/23 City Commission ADOPTED BUT RECONSIDERED RESULT: ADOPTED BUT RECONSIDERED [UNANIMOUS] MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Sabina Covo, Commissioner, District Two AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 06/08/23 City Commission RECONSIDERED RESULT: RECONSIDERED [UNANIMOUS] MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 06/08/23 City Commission CONTINUED Next: 07/13/23 RESULT: CONTINUED [UNANIMOUS] Next: 7/13/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 07/13/23 City Commission DEFERRED Next: 07/27/23 RESULT: DEFERRED [UNANIMOUS] Next: 7/27/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo City of Miami Page 9 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 07/27/23 City Commission DEFERRED Next: 10/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 10 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PH.3 RESOLUTION 14875 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY A FOUR - FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING(S), ATTACHED AND INCORPORATED AS EXHIBIT "B," THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS FOR THE CITY OF MIAMI ("CITY") AND WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; AUTHORIZING THE ALLOCATION OF FUNDS FROM THE DISTRICT 2 SHARE OF THE CITY'S MIAMI FOR EVERYONE ("MFE") PROGRAM, ON A LUMP SUM BASIS, IN A TOTAL AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) ("FUNDS") TO BELIEVERS OF AUTHORITY MINISTRIES, INC, A FLORIDA NOT FOR PROFIT CORPORATION ("BELIEVERS OF AUTHORITY"), IN ORDER TO CONTINUE THE "BOA PLACEMENT SERVICES PROGRAM," WHICH WILL OFFER JOB READINESS AND JOB PLACEMENT SERVICES TO RESIDENT'S OF THE CITY OF MIAMI, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): Commissioner Sabina Covo Districts Impacted: END OF PUBLIC HEARINGS City of Miami Page 11 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.1 14785 Department of Police RE - RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON APRIL 28, 2023, PURSUANT TO INVITATION FOR BID ("IFB") NO. 1635386, FROM THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, EMAG DAYTONA HD LLC, A FLORIDA LIMITED LIABILITY COMPANY D/B/A TEDDY MORSE'S DAYTONA HARLEY-DAVIDSON ("DAYTONA HARLEY-DAVIDSON"), FOR THE LEASING OF THIRTY-ONE (31) HARLEY-DAVIDSON ELECTRA GLIDE POLICE MOTORCYCLES, FOR THE CITY OF MIAMI ("CITY") POLICE DEPARTMENT ("POLICE"), FOR AN INITIAL TERM OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM POLICE GENERAL FUND ACCOUNT NO. 00001.190101.544000 AND SUCH OTHER VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. Districts Impacted: All City of Miami Page 12 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.2 RESOLUTION 14664 Department of Risk Management A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PROPOSAL RECEIVED MAY 9, 2022, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 1294386, FROM AON CONSULTING SERVICES, INC., A FOREIGN PROFIT CORPORATION PENDING AUTHORIZATION TO CONDUCT BUSINESS IN FLORIDA ("AON"), FOR THE PROVISION OF EMPLOYEE BENEFIT CONSULTING SERVICES, FOR THE CITY OF MIAMI ("CITY") RISK MANAGEMENT DEPARTMENT ("RISK"), FOR AN INITIAL PERIOD OF THREE (3) YEARS WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM RISK, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH AON, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI- DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. Districts Impacted: All History: 09/28/23 City Commission CONTINUED Next: 10/26/23 RESULT: CONTINUED BY CONSENT VOTE [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Joe Carollo, Vice Chair, District Three AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 13 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.3 14824 Department of Code Compliance RE.4 14819 Department of Parks and Recreation RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT MITIGATING THE CODE ENFORCEMENT LIENS RECORDED AGAINST PROPERTY ADDRESS 2621 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, CASE NUMBER CE2021016682, AFTER A HEARING, AS REQUIRED BY SECTION 2-817 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE AMOUNT APPROVED AS FULL AND FINAL SETTLEMENT OF THE AFOREMENTIONED LIEN; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES STATED HEREIN. Districts Impacted: District 5 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE PROJECT COOPERATION AGREEMENT ("PCA") WITH OBC MOORE PARK, LLC, THE SOLE MEMBER OF WHICH IS THE ORANGE BOWL COMMITTEE, INC. ("OBC"), FOR THE 2021 LEGACY PROJECT TO PROVIDE FOR AN INCREASED CONTRIBUTION FROM THE CITY IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($250,000.00), FOR A TOTAL CITY CONTRIBUTION NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($750,000.00), TO REPLACE THE ATHLETIC TRACK; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING, BUT NOT LIMITED TO, EXTENSIONS, RENEWALS, OR AMENDMENTS DEEMED NECESSARY FOR SAID PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King Districts Impacted: City of Miami Page 14 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.5 RESOLUTION 14810 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) ("FUNDS") FROM THE SW 23 TERRACE FROM SW 27 AVENUE TO SW 32 AVENUE PROJECT, PROJECT NO. 40-B50412, IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376 AS AMENDED ("CAPITAL PLAN"), AND RE -APPROPRIATING SAID FUNDS TO THE TAMIAMI BOULEVARD RECONSTRUCTION AND DRAINAGE IMPROVEMENTS PROJECT, PROJECT NO. 40-B243600 ("TAMIAMI DRAINAGE IMPROVEMENTS"); DECLARING THE CITY'S OFFICIAL INTENT TO ISSUE TAX-EXEMPT MIAMI FOREVER LIMITED AD VALOREM BONDS ("MIAMI FOREVER BONDS"), IN ONE OR MORE SERIES, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, RULES, AND REGULATIONS REGARDING THE MIAMI FOREVER BONDS, AND USE A PORTION OF THE MIAMI FOREVER BONDS FOR SEA - LEVEL RISE MITIGATION AND FLOOD PREVENTION ("SLRMFP") PROJECTS IN THE TOTAL AMOUNT OF TWO MILLION AND 00/100 DOLLARS ($2,000,000.00) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE TAMIAMI DRAINAGE IMPROVEMENTS AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER BONDS SLRMFP FUNDS ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR THE PURPOSES SATED HEREIN. SPONSOR(S): Commissioner Manolo Reyes Districts Impacted: City of Miami Page 15 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.6 14901 Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING THE OFFICIAL INTENT OF THE CITY OF MIAMI, FLORIDA ("CITY") TO ISSUE TAX-EXEMPT AND TAXABLE SPECIAL OBLIGATION BONDS, IN ONE OR MORE SERIES, IN THE EXPECTED TOTAL MAXIMUM PRINCIPAL AMOUNT OF SIXTY-ONE MILLION, TWO HUNDRED THOUSAND DOLLARS ($61,200,000.00) IN ORDER TO, AMONG OTHER THINGS, REIMBURSE ITSELF FROM THE PROCEEDS OF SUCH SPECIAL OBLIGATION BONDS FOR FUNDS ADVANCED BY THE CITY FOR CERTAIN EXPENSES INCURRED WITH RESPECT TO CERTAIN CAPITAL IMPROVEMENTS PROJECTS AT THE MIAMI MARINE STADIUM, THE ASSOCIATED WELCOME CENTER AND MUSEUM COMPLEX, THE BOAT LAUNCH AND TRAILER PARKING, THE MOORING FIELD IN THE MIAMI MARINE STADIUM BASIN, AND ASSOCIATED PARKING FACILITIES; ESTABLISHING CERTAIN RELATED DEFINITIONS OF TERMS; AND AUTHORIZING CERTAIN FURTHER AND INCIDENTAL ACTIONS BY THE CITY MANAGER, IN CONSULTATION WITH THE CITY ATTORNEY AND BOND COUNSEL, AND SUCH OTHER APPROPRIATE OFFICERS, EMPLOYEES, AND AGENTS OF THE CITY, AS THE CITY MANAGER DEEMS NECESSARY, ALL AS REQUIRED FOR PURPOSES OF SECTIONS 103 AND 141-150 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED; FURTHER AUTHORIZING RELATED AMENDMENTS TO THE CITY'S MULTI- YEAR CAPITAL PLAN PREVIOUSLY ADOPTED SEPTEMBER 9, 2023, AS MAY BE SUBSEQUENTLY AMENDED. Districts Impacted: All City of Miami Page 16 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.7 RESOLUTION 14904 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), REALLOCATING FUNDS, IN THE TOTAL AMOUNT OF NINE HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($970,000.00) ("FUNDS") FROM THE SW 23 TERRACE FROM SW 27 AVENUE TO SW 32 AVENUE PROJECT, PROJECT NO. 40-B50412, IN THE CITY OF MIAMI'S ("CITY") FISCAL YEAR 2023-24 MULTI -YEAR CAPITAL PLAN ADOPTED ON SEPTEMBER 9, 2023 PURSUANT TO RESOLUTION NO. R-23-0376 AS AMENDED ("CAPITAL PLAN"), AND RE - APPROPRIATING SAID FUNDS TO THE SOUTHWEST 24 STREET FROM SOUTHWEST 27 AVENUE TO SOUTHWEST 32 AVENUE PROJECT, PROJECT NO. 40-B50413 ("SW 24 STREET PROJECT"); DECLARING THE CITY'S OFFICIAL INTENT TO ISSUE TAX-EXEMPT MIAMI FOREVER LIMITED AD VALOREM BONDS ("MIAMI FOREVER BONDS"), IN ONE OR MORE SERIES, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, RULES, AND REGULATIONS REGARDING THE MIAMI FOREVER BONDS, AND USE A PORTION OF THE MIAMI FOREVER BONDS FOR SEA -LEVEL RISE MITIGATION AND FLOOD PREVENTION ("SLRMFP") PROJECTS IN THE TOTAL AMOUNT OF NINE HUNDRED SEVENTY THOUSAND AND 00/100 DOLLARS ($970,000.00) TO REIMBURSE THE CITY FOR FUNDS ADVANCED BY IT FOR EXPENDITURES INCURRED AND TO BE INCURRED WITH RESPECT TO THE SW 24 STREET PROJECT AND THE PURPOSES STATED HEREIN; THE USE, ALLOCATION, AND APPROPRIATION OF THE MIAMI FOREVER BONDS SLRMFP FUNDS ARE SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS AND THE RECEIPT OF ALL NECESSARY APPROVALS, INCLUDING, BUT NOT LIMITED TO THE CITY ATTORNEY AND BOND COUNSEL APPROVAL; RATIFYING, APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN ORDER TO UPDATE THE CAPITAL PLAN, RELEVANT FINANCIAL CONTROLS AND COMPUTER SYSTEMS IN CONNECTION THEREWITH, FOR PROJECT CLOSE-OUTS, AND FOR GRANTS AND OTHER FUNDING SOURCES IN PROGRESS IN CONNECTION HEREWITH; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, AGREEMENTS, AMENDMENTS, MODIFICATIONS, AND MEMORANDUM OF UNDERSTANDING, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, NECESSARY FOR THE PURPOSES SATED HEREIN. SPONSOR(S): Commissioner Manolo Reyes Districts Impacted: City of Miami Page 17 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 RE.8 RESOLUTION 14905 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AMENDMENT NO. 1 TO THE CONSTRUCTION SERVICES AGREEMENT ("AGREEMENT") WITH DAVID MANCINI & SONS, INC., A FLORIDA PROFIT CORPORATION ("DMSI"), FOR ADDITIONAL WORK CONCERNING GOLDEN PINES ROADWAY AND DRAINAGE IMPROVEMENTS, SOLICITED UNDER BIDSAFE REQUEST FOR QUOTATION ("RFQ") NO. 21-22-005, INCREASING THE EXISTING CAPACITY BY FIVE MILLION FOUR HUNDRED SIXTY FIVE THOUSAND FOUR HUNDRED FIFTY THREE DOLLARS AND FOURTEEN CENTS ($5,465,453.14), THEREBY INCREASING THE TOTAL COMPENSATION LIMIT FROM EIGHT MILLION FORTY NINE THOUSAND EIGHT HUNDRED NINETY ONE DOLLARS AND TEN CENTS ($8,049,891.10) TO THIRTEEN MILLION FIVE HUNDRED FIFTEEN THOUSAND THREE HUNDRED FORTY FOUR DOLLARS AND TWENTY FOUR CENTS ($13,515,344.24); ALLOCATING FUNDS FROM THE APPROPRIATE SOURCE OF FUNDING, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DMSI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSES; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. SPONSOR(S): Commissioner Manolo Reyes Districts Impacted: END OF RESOLUTIONS City of Miami Page 18 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 SR - SECOND READING ORDINANCES SR.1 ORDINANCE Second Reading 14654 AN ORDINANCE OF THE MIAMI CITY COMMISSION NAMING THE PARCELS OF LAND CONSISTING OF APPROXIMATELY 37,500 SQUARE FEET LOCATED AT 3701 SOUTHWEST 1ST AVENUE, 3699 SOUTHWEST 1ST AVENUE, AND 3691, 3693, AND 3695 SOUTHWEST 1 AVENUE, MIAMI, FLORIDA, FOLIO NOS. 01-4139-007-0390, 01-4139- 007-0380, AND 01-4139-007-0370 RESPECTIVELY, AND OTHER CONTIGUOUS PARCELS THAT MAY BE ADDED IN THE FUTURE AS "WOODSIDE PARK"; AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PARKS AND RECREATION/IN GENERAL," BY CREATING SECTION 38-36, TITLED "NAMING OF WOODSIDE PARK"; FURTHER DIRECTING THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS NECESSARY TO EFFECTUATE THE NAMING OF THE PARK; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo Districts Impacted: History: 09/28/23 City Commission PASSED ON FIRST READING 10/26/23 Next: RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 19 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 SR.2 ORDINANCE Second Reading 14720 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 12.5/ARTICLE I/DIVISION 3/SECTION(S), 12.5-42, 12.5-44, 12.5-45 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PURPOSE; POWERS AND DUTIES; GOVERNING BODY -COMPOSITION AND APPOINTMENTS; TERMS OF OFFICE AND VACANCIES; MEMBERSHIP QUALIFICATIONS; PROCEDURES FOR APPOINTMENT OF MEMBERS; OATH; QUORUM AND VOTING; MEETINGS; ATTENDANCE REQUIREMENTS; INDEMNIFICATION; PRESIDENT/CHIEF EXECUTIVE OFFICER; APPOINTMENT, TERM, QUALIFICATIONS, COMPENSATION, GENERAL POWERS, AND RESPONSIBILITIES," TO AMEND THE REQUIREMENTS OF THE LITTLE HAITI REVITALIZATION TRUST ("TRUST"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King Districts Impacted: History: 09/28/23 City Commission PASSED ON FIRST READING WITH MODIFICATION(S) Next: 10/26/23 RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 20 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 SR.3 ORDINANCE Second Reading 14561 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 4/SECTION 4-6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "ALCOHOLIC BEVERAGES/ ENTERTAINMENT DISTRICTS," MORE PARTICULARLY BY AMENDING THE "OVERTOWN ENTERTAINMENT DISTRICT" IN ORDER TO MODIFY THE DISTRICT'S BOUNDARIES AS DEPICTED IN EXHIBIT "0," ATTACHED AND INCORPORATED; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King Note for the Record: PZAB 14547 Linked to this Legislative File Districts Impacted: History: 09/28/23 City Commission PASSED ON FIRST READING Next: 10/26/23 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 21 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 SR.4 ORDINANCE Second Reading 14809 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/CODE RELIEF PROGRAM," MORE PARTICULARLY BY AMENDING SECTION 10-75 OF THE CITY CODE TO CREATE A SHORT-TERM ENHANCED SIDE SETBACK ADMINISTRATIVE ADJUSTMENT PILOT PROGRAM FOR THE CITY OF MIAMI'S EXISTING CODE RELIEF PROGRAM AND CREATING SECTION 10-76 TITLED "DRIVEWAY AMNESTY PROGRAM" TO PROVIDE FOR A SETBACK ADJUSTMENT FOR EXISTING DRIVEWAYS AT SINGLE FAMILY HOMES AND DUPLEX PROPERTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes Districts Impacted: History: 10/12/23 City Commission PASSED ON FIRST READING WITH MODIFICATION(S) Next: 10/26/23 RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes END OF SECOND READING ORDINANCES City of Miami Page 22 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 FR - FIRST READING ORDINANCES Note: Any proposed ordinance listed as an item for first reading in this section may be adopted as an emergency measure upon being so determined by the City Commission. FR.1 ORDINANCE First Reading 13783 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "BUILDINGS/IN GENERAL," BY CREATING SECTION 10-10 OF THE CITY CODE, TITLED "DEMOLITION PAYMENT BOND REQUIRED FOR CONSTRUCTION," TO PROVIDE BONDS FOR NEW PERMITS; TO REQUIRE A BOND TO BE POSTED FOR THE COST OF DEMOLITION BY THE CITY OF MIAMI OF THE WORK TO BE PERFORMED SHOULD THE PERMIT HOLDER FAIL TO COMPLETE THE PROJECT IN VIOLATION OF THE FLORIDA BUILDING CODE PERMIT REQUIREMENTS; AND TO PROVIDE A DUE PROCESS APPEAL FOR ANY SUCH DEMOLITION ACTION TAKEN; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez Districts Impacted: All History: 04/27/23 City Commission INDEFINITELY DEFERRED 10/26/23 Next: RESULT: INDEFINITELY DEFERRED [UNANIMOUS] 10/26/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo Next: City of Miami Page 23 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 FR.2 ORDINANCE First Reading 14640 Department of Resilience and Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55/SECTION 55-14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "SUBDIVISION REGULATIONS/ ENCROACHMENTS ONTO, INTO, BELOW, AND/OR ABOVE RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS, OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO INCLUDE FOR THE ALLOWANCE OF AN ENCROACHMENT INTO A PRIVATE EASEMENT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Note for the Record: Went on FL on 10/12/2023 Districts Impacted: All History: 10/12/23 City Commission NO ACTION TAKEN Next: 10/26/23 RESULT: NO ACTION TAKEN Next: 10/26/2023 9:00 AM FR.3 ORDINANCE First Reading 14903 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ALCOHOLIC BEVERAGES," AND CHAPTER 36 OF THE CITY CODE, TITLED "NOISE," TO PROVIDE FOR CITY COMMISSION AUTHORITY TO WAIVE CERTAIN RESTRICTIONS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King Districts Impacted: END OF FIRST READING ORDINANCES City of Miami Page 24 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 DI - DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. Should Legislation result from the Discussion, public comment related to the Legislation will be heard. This portion of the agenda is separately designated as being available for the purpose of providing and securing City Commission information, direction, and guidance in significant pending and concluded matters, including matters not specifically set forth in this section. It is anticipated that no input from anyone other than the City personnel is needed or expected while the City Commission is considering any matter in this portion of the Agenda. DI.1 DISCUSSION ITEM 14832 A DISCUSSION ITEM REGARDING AN UPDATE ON HOMELESS. City Manager's Office Districts Impacted: All DI.2 DISCUSSION ITEM 14829 A DISCUSSION ITEM REGARDING IMPROVEMENTS TO PARKS IN City Manager's Office DISTRICT 3. DI.3 14893 City Manager's Office Districts Impacted: District 3 DISCUSSION ITEM A DISCUSSION REGARDING TAKING ANY AND ALL ACTIONS IN RELATION TO ESTABLISHING THE CITY OF MIAMI'S LEGISLATIVE PRIORITIES FOR THE 2024 FLORIDA LEGISLATIVE SESSION. Districts Impacted: All END OF DISCUSSION ITEMS City of Miami Page 25 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ - PLANNING AND ZONING ITEM(S) Planning and Zoning matters may be heard at any time. Pursuant to Ordinance No. 13903 and Section 166.041(c), Florida Statutes, for ordinances changing the list of uses and ordinances requesting zoning changes of ten (10) contiguous acres or more, at least one (1) hearing shall be after 5:00 PM unless the City Commission elects to conduct that hearing at another time by a 4/5ths affirmative vote. PZ.1 ORDINANCE Second Reading 12858 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King, Commissioner Joe Carollo LOCATION: 3424 and 3442 SW 37 Avenue, 3714 and 3718 Washington Avenue, and 3719 Thomas Avenue APPLICANT: Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: Requesting to change the Future Land Use Designation from "Duplex Residential" to "Low Density Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On December 21, 2022, recommended approval, by a vote of 8-0. Note for the Record: Companion File ID 12859 and File ID 12860; PZAB File ID 12962 Linked to this Legislative File; ePlan PZ-22-15646 Districts Impacted: District 2 City of Miami Page 26 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 History: 01/12/23 City Commission DEFERRED Next: 01/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 1/26/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Manolo Reyes ABSENT: Joe Carollo 01/26/23 City Commission DEFERRED Next: 03/09/23 RESULT: DEFERRED [UNANIMOUS] Next: 3/9/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Chair, District Five AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla, Manolo Reyes 03/09/23 City Commission DEFERRED Next: 04/27/23 RESULT: DEFERRED [UNANIMOUS] Next: 4/27/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Manolo Reyes SECONDER: Joe Carollo, Vice Chair, District Three AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 04/27/23 City Commission CONTINUED Next: 05/25/23 RESULT: CONTINUED [UNANIMOUS] Next: 5/25/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo 05/25/23 City Commission PASSED ON FIRST READING WITH MODIFICATION(S) Next: 06/22/23 RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS] Next: 6/22/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 27 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 06/22/23 City Commission CONTINUED Next: 07/27/23 RESULT: CONTINUED [UNANIMOUS] Next: 7/27/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo, Alex Diaz de la Portilla 07/27/23 City Commission DEFERRED Next: 10/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 28 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.2 ORDINANCE Second Reading 12859 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM: "T3-O" SUB -URBAN TRANSECT ZONE — OPEN TO "T4-O" GENERAL URBAN TRANSECT ZONE -OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3424 AND 3442 SOUTHWEST 37 AVENUE, 3714 AND 3718 WASHINGTON AVENUE, AND 3719 THOMAS AVENUE; MAINTAINING THE ZONING CLASSIFICATION OF "T3-O" SUB -URBAN TRANSECT ZONE — OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3735 WASHINGTON AVENUE, AND MAINTAINING THE ZONING CLASSIFICATION OF "T5- 0" URBAN CENTER ZONE— OPEN WITH A "VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE NCD-2" (NEIGHBORHOOD CONSERVATION DISTRICT) OVERLAY FOR THE PROPERTY GENERALLY LOCATED AT 3710 GRAND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Christine King, Commissioner Joe Carollo LOCATION: 3424 and 3442 SW 37 Ave, 3714 and 3718 Washington Ave, and 3719 Thomas Ave, 3735 Washington Ave, and 3710 Grand Ave APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: Various, see legislation title for complete list of requests. FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEAL BOARD: On December 21, 2022, recommended approval by a vote of 8-0. Note for the Record: Companion File ID 12858 and File ID 12860; PZAB File ID 12963 Linked to this Legislative File; ePlan PZ-22-15645 Districts Impacted: District 2 City of Miami Page 29 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 History: 01/12/23 City Commission DEFERRED Next: 01/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 1/26/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Manolo Reyes ABSENT: Joe Carollo 01/26/23 City Commission DEFERRED Next: 03/09/23 RESULT: DEFERRED [UNANIMOUS] Next: 3/9/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Christine King, Chair, District Five AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla, Manolo Reyes 03/09/23 City Commission DEFERRED Next: 04/27/23 RESULT: DEFERRED [UNANIMOUS] Next: 4/27/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Manolo Reyes SECONDER: Joe Carollo, Vice Chair, District Three AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 04/27/23 City Commission CONTINUED Next: 05/25/23 RESULT: CONTINUED [UNANIMOUS] Next: 5/25/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo 05/25/23 City Commission PASSED ON FIRST READING WITH MODIFICATION(S) Next: 06/22/23 RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS] Next: 6/22/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 30 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 06/22/23 City Commission CONTINUED Next: 07/27/23 RESULT: CONTINUED [UNANIMOUS] Next: 7/27/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo, Alex Diaz de la Portilla 07/27/23 City Commission DEFERRED Next: 10/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 31 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.3 13953 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN AMENDMENT OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5445 BISCAYNE BOULEVARD AND 5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 5445 Biscayne Blvd, 5501 Biscayne Blvd APPLICANT(S): Ben Fernandez, Esq., on behalf of ROSA 55 MORNINGSIDE LLCRUBEN MATZ TRSMATZ FAMILY TRUST PURPOSE: To amend a Declaration of Restrictive Covenants FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions Note for the Record: ePlan PZ-20-8875 Districts Impacted: District 2 History: 06/08/23 City Commission CONTINUED Next: 07/13/23 RESULT: CONTINUED [UNANIMOUS] Next: 7/13/2023 9:00 AM MOVER: Joe Carollo, Vice Chair, District Three SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes 07/13/23 City Commission DEFERRED Next: 07/27/23 RESULT: DEFERRED [UNANIMOUS] Next: 7/27/2023 9:00 AM MOVER: Alex Diaz de la Portilla, Commissioner SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo, Manolo Reyes ABSENT: Joe Carollo 07/27/23 City Commission DEFERRED Next: 10/26/23 RESULT: DEFERRED [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Alex Diaz de la Portilla, Commissioner AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes City of Miami Page 32 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.4 ORDINANCE Second Reading 14670 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 FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" FOR THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes LOCATION: Approximately 713 SW 63 Ct, 725 SW 63 Ct, and 735 SW 63 Ct APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This will change the above property from "Single Family Residential" to "Public Parks & Recreation". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On September 20, 2023 recommended approval by a vote of 7-0. Note for the Record: Companion File ID 14671; PZAB File ID 14438 Linked to this Legislative Item; ePlan PZ-23-16142 Districts Impacted: District 4 History: 10/12/23 City Commission PASSED ON FIRST READING Next: 10/26/23 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 33 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.5 ORDINANCE Second Reading 14671 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R," SUB -URBAN TRANSECT ZONE - RESTRICTED, TO "CS," CIVIC SPACE ZONE, OF THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes LOCATION: Approximately 713 SW 63 Ct, 725 SW 63 Ct, and 735 SW 63 Ct APPLICANT(S): Arthur Noriega V, City of Miami on behalf of the City of Miami PURPOSE: "T3- R" Sub — Urban Transect Zone — Restricted to "CS" Civic Space Zone FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On September 20, 2023 recommended approval by a vote of 8-0. Note for the Record: Companion File ID 14670; PZAB File ID 14439 Linked to this Legislative Item; ePlan PZ-23-16137 Districts Impacted: District 4 History: 10/12/23 City Commission PASSED ON FIRST READING Next: 10/26/23 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 34 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.6 ORDINANCE First Reading 14672 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING Planning ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") PURSUANT TO ARTICLE 3 AND ARTICLE 7 OF THE MIAMI 21 CODE, SPECIFICALLY BY AMENDING APPENDIX F, TITLED "MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN" ("MDD SAP"), AS MORE PARTICULARLY DESCRIBED IN AMENDED THE REGULATING PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "A," AND THE AMENDED CONCEPT BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "B," SPECIFICALLY BY: (A) ADDING APPROXIMATELY 127,805 SF (2.934 ACRES) OF LOT AREA SPLIT AMONG SIX (6)ADDITIONAL PARCELS FORA TOTAL COMBINED AREA OF 1,110,387 SF (25.491 ACRES); THE ADDITIONAL PROPERTIES ARE LOCATED AT APPROXIMATELY 3995 NORTH MIAMI AVENUE, 21 NORTH EAST 39 STREET, 35 NORTH EAST 40 STREET, 27 NORTH WEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND 3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C" ATTACHED AND INCORPORATED; (B) AMENDING THE ZONING ATLAS OF THE MIAMI 21 CODE BY CHANGING THE ZONING CLASSIFICATION FROM "T5-O," URBAN CENTER ZONE OPEN, TO "T6-8-O," URBAN CORE ZONE OPEN, FOR THE PROPERTY LOCATED AT 3995 NORTH MIAMI AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D," ATTACHED AND INCORPORATED; (C) AMENDING THE REGULATING PLAN TO INCLUDE REVISED VERSIONS OF CERTAIN RECENTLY ADOPTED MIAMI 21 CODE PROVISIONS RELATING TO FRONTAGES, FLOORPLATES, HEIGHT, LOADING, AND LANDSCAPING; (D) PROVIDING CLARIFICATIONS OF EXISTING TERMS AND CONSOLIDATING ILLUSTRATIONS AND FIGURES FOR READABILITY; E) ESTABLISHING CERTAIN NEW DEFINITIONS AND FRONTAGE TYPES AND AMENDING PROVISIONS RELATING TO SAP PERMIT ISSUANCE; (F)ALLOWING CONSOLIDATION OF VEHICULAR ENTRANCES, ALLOWING CIVIC SPACE AND PORTE COCHERES ON FRONTAGES WITH CERTAIN DESIGN REQUIREMENTS, CLARIFYING PARKING AND LOADING REQUIREMENTS, ALLOWING FOR ADDITIONAL HEIGHT IN THE TOP STORY WITHIN THE PERMITTED MAXIMUM, ADJUSTING PROVISIONS FOR ROOFTOP ELEMENTS, REVISING BUILDING HEIGHT CALCULATIONS WITHIN PERMITTED MAXIMUM, AND ALLOWING PEDESTRIAN BRIDGES OVER A RIGHT- OF-WAY SUBJECT TO PUBLIC WORKS REVIEW; AND G) UPDATING THE CONCEPT BOOK PURSUANT TO THE REGULATING PLAN AMENDMENTS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 81 NE 39 St APPLICANT(S): Iris Escarra, Esquire on behalf of RFD North 39 LLC PURPOSE: Amendments to Legislation pertaining to Miami 21 Appendix F, the Miami Design District Retail Street Special Area Plan, amending the Regulating Plan and Concept Book to add the properties located at approximately 3995 North Miami Avenue, 21 North East 39 Street, 35 North East 40 Street, 27 North West 39 Street, 3801 North Miami Avenue, And 3819 North Miami Avenue (the "New Parcels") and additional updates to the Regulating Plan in Articles 1, 2, 3, 4, 5, 6, 7, and 9. City of Miami Page 35 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On September 20, 2023, recommended approval, by a vote of 8-0. Note for the Record: Companion File ID 14837, File ID 14838, File ID 14839; PZAB File ID 14051 Linked to this Legislative File; ePlan PZ- 23-16091 Districts Impacted: District 5 City of Miami Page 36 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.7 ORDINANCE First Reading 14837 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN RFD NORTH 39 LLC, RFD NORTH 40 LLC, RFD SOUTH 40 LLC (COLLECTIVELY, "APPLICANT"), AND THE CITY OF MIAMI, FLORIDA ("CITY"), GOVERNING THE PROPERTIES GENERALLY LOCATED AT 3995 NORTH MIAMI AVENUE, 21 NORTHEAST 39 STREET, AND 35 NORTHEAST 40 STREET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Spans portions of fifteen (15) city blocks containing properties generally bounded by Northeast 43rd Street and Northeast 42nd Street to the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the South, and by NE Miami Court and North Miami Avenue to the West, Miami, Florida. APPLICANT(S): Iris Escarra, on behalf of Miami Design District Associates (Del.) LLC, and affiliated entities (RFD NORTH 39 LLC; RFD NORTH 40 LLC; RFD SOUTH 40 LLC. PURPOSE: The developer seeks approval of a new RFD Development Agreement to accompany the SAP Regulating Plan amendments, and the addition of new parcels. The New Properties will be added to the SAP simultaneously and will be developed in accordance with the Regulating Plan and Concept Book. Note for the Record: ePlan: PZ-23-15990 Districts Impacted: District 5 City of Miami Page 37 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.8 ORDINANCE First Reading 14838 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, IN A FORM ACCEPTABLE TO THE Planning CITY ATTORNEY, THE PARTIAL RELEASE OF CERTAIN PARTIES AND PROPERTIES FROM, AND AMENDMENT TO, THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT ("AMENDED MDDA DEVELOPMENT AGREEMENT"), PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE APPLICANTS LISTED IN EXHIBIT "B" ("APPLICANT ENTITIES"), ATTACHED AND INCORPORATED, AND THE CITY OF MIAMI, FLORIDA ("CITY"), TO GOVERN THOSE CERTAIN PROPERTIES WITHIN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP"), AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "C" ("SUBJECT PROPERTIES"), FOR THE PURPOSE OF A) UPDATING THE APPLICANT ENTITIES TO REFLECT LATEST OWNERSHIP; B) ADDING THE FOLLOWING PROPERTIES TO THE AMENDED MDDA DEVELOPMENT AGREEMENT: LOCATED AT APPROXIMATELY 27 NORTHWEST 39 STREET, 3801 NORTH MIAMI AVENUE, AND 3819 NORTH MIAMI AVENUE, MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "D" ("NEW PROPERTIES"), ATTACHED AND INCORPORATED; C) RELEASING THE FOLLOWING PROPERTIES FROM THE AMENDED MDDA DEVELOPMENT AGREEMENT LOCATED AT APPROXIMATELY 4200 NORTHEAST 2ND AVENUE AND 4240 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "E," ATTACHED AND INCORPORATED; D) ALLOWING FOR ADDITIONAL BELOW -GRADE CONNECTIVITY, PEDESTRIAN BRIDGES OVER A RIGHT-OF-WAY SUBJECT TO PUBLIC WORKS REVIEW, LIMITING COMMUNICATION KIOSKS IN THE RIGHT-OF- WAY; AND ACKNOWLEDGING COMPLIANCE OF SECTION 54-46 OF THE CITY CODE THROUGH PRIOR CONTRIBUTIONS; E) MODIFYING PROCESS AND APPROVALS FOR SPECIAL/TEMPORARY EVENTS, TEMPORARY USES, AND FOOD TRUCKS; F) ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN MULTI -UNIT DEVELOPMENT AND PROVIDING FOR CONSENT TO AMENDMENTS BY SPECIFIED ASSOCIATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED MDDA DEVELOPMENT AGREEMENT, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Containing properties generally bounded by Northeast 43rd Street to the North, North Federal Highway and Biscayne Boulevard to the East, Northeast 38th Street to the South, and by North Miami Avenue to the West, Miami, Florida, as more particularly described in Exhibit "C". APPLICANT(S): Norwegian Wood Acquisitions, LLC; Oak Plaza Associates (Del.) LLC; Jungle Plaza, LLC; 4200 Associates, LLC; Paradise Plaza Associates, LLC; Half -Circle Property (Del.) LLC; Lovely Rita Acquisitions, LLC; Uptown Girl Development, LLC; Sun King, LLC; Dacra Design 4141 LLC; MDDA Morning Dew, LLC; Tiny Dancer Acquisitions, LLC; MDDA Glass Onion, LLC; MDDA Acquisitions, LLC and 3801 NMA LLC. City of Miami Page 38 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PURPOSE: To approve the Amended MDDA Development Agreement to accompany the SAP Regulating Plan amendments, including the addition and release of certain parcels from the Amended MDDA Development Agreement. The New Properties will be added to the SAP simultaneously and will be developed in accordance with the Regulating Plan and Concept Book. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. Note for the Record: ePlan: PZ-23-15923 Districts Impacted: District 5 City of Miami Page 39 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.9 ORDINANCE First Reading 14839 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), APPROVING, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE FIRST AMENDMENT TO THE FLAGLER Planning DEVELOPMENT AGREEMENT ("AMENDED FLAGLER DEVELOPMENT AGREEMENT"), A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "A," PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN FLAGLER HOLDING GROUP, INC. AND DD 4200 LLC (COLLECTIVELY, "APPLICANT"), AND THE CITY OF MIAMI, FLORIDA ("CITY"), TO GOVERN THOSE CERTAIN PROPERTIES WITHIN THE MIAMI DESIGN DISTRICT RETAIL STREET SPECIAL AREA PLAN ("SAP"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED, "SUBJECT PROPERTIES") FOR THE PURPOSE OF A) UPDATING THE APPLICANT TO REFLECT LATEST OWNERSHIP; B) ADDING TO THE FLAGLER DEVELOPMENT AGREEMENT THE PROPERTIES LOCATED AT: 4200 NORTHEAST SECOND AVENUE AND 4240 NORTHEAST SECOND AVENUE, MIAMI, FLORIDA (COLLECTIVELY, "NEW PROPERTIES") AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "C," ATTACHED AND INCORPORATED; C) LIMITING COMMUNICATION KIOSKS IN THE RIGHT-OF-WAY AND ALLOWING OPEN AND CIVIC SPACE REQUIREMENTS TO BE SATISFIED VIA DEDICATION OF A PUBLIC PARK OR OPEN SPACE WITHIN THE SAP AREA OR WITHIN HALF A MILE RADIUS OF THE SAP AREA; D) MODIFYING THE PROCESS AND APPROVALS FOR SPECIAL/TEMPORARY EVENTS, AND ADOPTING ADDITIONAL PROVISIONS RELATED TO PERMITTING IN THE MULTI -UNIT DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AMENDED FLAGLER DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AS EXHIBIT "A", FOR SAID PURPOSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately located at 4218 Northeast Second Avenue, 4200 Northeast Second Avenue and 4240 Northeast Second Avenue, Miami, Florida, as more particularly described in Exhibit "B". APPLICANT(S): Flagler Holding Group, Inc. ("Flagler") and DD 4200 LLC. PURPOSE: To approve the Amended Flagler Development Agreement, including the addition of the New Properties to the Amended Flagler Development Agreement, to accompany the SAP amendments. The New Properties are currently located in the SAP under a separate development agreement, and will be released to this Amended Flagler Development Agreement. The New Properties will be developed in accordance with the Regulating Plan and Concept Book. FINDING(S): PLANNING DEPARTMENT: Note for the Record: ePlan: PZ-23-16004 Districts Impacted: District 5 City of Miami Page 40 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.10 ORDINANCE First Reading 14675 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning 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 FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "COMMERCIAL RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 171 NE 42 Street APPLICANT(S): Arthur Noriega, City Manager on behalf of the City of Miami PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Medium Density Multifamily Residential" to "Commercial Recreation." FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: Deferred on September 20, 2023 to October 18, 2023. Note for the Record: Companion File ID 14676; PZAB File ID 14437 Linked to this Legislative File; ePlan PZ-23-16861 Districts Impacted: District 5 City of Miami Page 41 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.11 ORDINANCE First Reading 14676 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3- 0," SUB -URBAN ZONE — OPEN, TO "CS," CIVIC SPACE ZONE, OF THE PROPERTY GENERALLY LOCATED AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER ACCEPTING THE PUBLIC ACCESS EASEMENT AND MAINTENANCE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND INCORPORATED AS EXHIBIT "B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 171 NE 42 Street APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This will change the above property from "T3-0" Sub -Urban Transect Zone -Open to "CS" Civic Space Transect Zone FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: Deferred on September 20, 2023 to October 18, 2023. Note for the Record: Companion File ID 14675; PZAB File ID 14534 Linked to this Legislative File; ePLan: PZ-23-16859 Districts Impacted: District 5 City of Miami Page 42 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.12 ORDINANCE First Reading 14677 AN ORDINANCE OF THE MIAMI CITY COMMISSION , WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP ("FLUM") OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN (MCNP ), PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "LOW DENSITY MULTI -FAMILY RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO " RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 43 NORTHEAST 53 STREET AND 50 NORTHEAST 54 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 43 Northeast 53 Street and 50 Northeast 54 Street APPLICANT(S): Alfredo L. Gonzales Esq., on behalf of 53rd Street Apartments LPC/O Omni America LLC PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Low Density Multi -Family Residential" and "Low Density Restricted Commercial" to "Restricted Commercial." FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On September 20, 2023 recommended approval by a vote of 8-0. Note for the Record: Companion File ID 14678; PZAB File ID 14535 Linked to this Legislative File; ePlan PZ-23-16019 Districts Impacted: District 5 City of Miami Page 43 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.13 ORDINANCE First Reading 14678 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN, OF THE PROPERTY GENERALLY LOCATED AT 43 NORTHEAST 53 STREET; FROM "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN, FOR THE PROPERTY GENERALLY LOCATED AT 40 NORTHEAST 54 STREET; AND "T5-O" URBAN CENTER TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (NORTHERN PORTION), FROM "T4-R," GENERAL URBAN TRANSECT ZONE — RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHWESTERN PORTION), AND FROM "T4-O," GENERAL URBAN TRANSECT ZONE — OPEN, TO "T5-O," URBAN CENTER TRANSECT ZONE — OPEN (SOUTHEASTERN PORTION), OF THE PROPERTY GENERALLY LOCATED AT 50 NORTHEAST 54 STREET, MIAMI, FLORIDA (COLLECTIVELY, THE "PROPERTY"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 43 Northeast 53 Street and 50 Northeast 54 Street APPLICANT(S): Alfredo L. Gonzalez Esq. on behalf of 53rd Street Apartments LPC/ Omni America LLC PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Low Density Multifamily Residential" and "Low Density Restricted Commercial" to "Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On September 20, 2023 recommended approval with no proffered covenant. Note for the Record: Companion File ID 14677; PZAB File ID 14536 Linked to this Legislative File; ePlan PZ-23-16020 Districts Impacted: District 5 City of Miami Page 44 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.14 14721 Department of Planning RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE RELEASE OF A DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "C," THEREBY RELEASING THE DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS EXHIBIT "B," FOR THE REAL PROPERTY GENERALLY LOCATED AT 3043 NORTHWEST 3 AVENUE, THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, AND 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET, MIAMI, FLORIDA ("NORTH PARCELS"), AND THE REAL PROPERTY GENERALLY LOCATED AT 221, 229, 237, 243, 251, 267, 269, 275, 285, AND 291 NORTHWEST 30 STREET, MIAMI, FLORIDA ("SOUTH PARCELS") (COLLECTIVELY WITH THE NORTH PARCELS, REFERRED TO AS THE "PROPERTY"), AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately, 3043 Northwest 3 Avenue, the Western Portion of 3040 Northwest 2 Avenue, and 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street, (the "North Parcels"), and 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street (the "South Parcels"; collectively with the North Parcels referred to as the "Property"). APPLICANT: Steven J. Wernick, Esq., on behalf of Westdale Wynwood LP PURPOSE: Applicant requests Special Appearance, to release a voluntarily Proffered Declaration of Restrictive Covenants on a property generally located at 3043 Northwest 3 Avenue, the Western Portion of 3040 Northwest 2 Avenue, and 224, 234, 244, 252, 262, 268, 276, (the "North Parcels"), and 284 Northwest 31 Street, 221, 229, 237, 243, 251, 267, 269, 275, 285, and 291 Northwest 30 Street (the "South Parcels"; collectively with the North Parcels referred to as the "Property") of approximately 147,585 square feet (3.39) acres in size. FINDING(S): PLANNING DEPARTMENT: Recommended the approval of the release of the recorded Declaration of Restrictive Covenants. Note for the Record: ePlan PZ-22-15244 Districts Impacted: District 5 City of Miami Page 45 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.15 ORDINANCE First Reading 14742 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS Planning AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 160 NE 50 Ter, 152 NE 50 Ter, 170 NE 50 Ter, 184 NE 50 Ter, 183 NE 50 St, 177 NE 50 St, 169 NE 50 St APPLICANT(S): Javier Fernandez Esquire, on behalf of Design District Studios LLC, Design District Studios II LLC, Design District Studios 3 LLC, BVM Development LLC, Joel H. Poliard, Jose & Carmen Solorzano (collectively the "Applicant") PURPOSE: Future Land Use Map Amendment: From: "Single -Family Residential" and "Medium Density Multifamily Residential" To: "Medium Density Restricted Commercial" and "Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended Approval. PLANNING, ZONING AND APPEALS BOARD: On September 20, 2023 recommended approval by a vote of 7-0. Note for the Record: Companion File ID 14743; PZAB File ID 13074 Linked to this Legislative Item; ePlan PZ-21-10194 Districts Impacted: District 5 City of Miami Page 46 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.16 ORDINANCE First Reading 14743 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Department of ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE Planning NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE ZONING CLASSIFICATION FROM "T4-L," GENERAL URBAN ZONE — LIMITED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR THE PROPERTIES GENERALLY LOCATED AT 5010 AND 5040 NORTHEAST 2 AVENUE AND A PORTION OF 184 NORTHEAST 50 TERRACE, MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-O," URBAN CENTER ZONE — OPEN, FOR A PORTION OF 184 NORTHEAST 50 TERRACE (THE WEST 15.50' OF LOT 2, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM "T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T5-L," URBAN CENTER ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 162, 170, AND A PORTION OF 184 NORTHEAST 50 TERRACE (LOT 3, BLOCK 7 OF THE CORRECTED PLAT OF ALTA VISTA), MIAMI, FLORIDA, A CHANGE OF ZONING DESIGNATION FROM 'T4-R," GENERAL URBAN ZONE — RESTRICTED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTIES GENERALLY LOCATED AT 169, 177, AND 183 NORTHEAST 50 STREET, MIAMI, FLORIDA, AND A CHANGE OF ZONING DESIGNATION FROM "T3-L," SUBURBAN TRANSECT ZONE — LIMITED, TO "T4-L," GENERAL URBAN ZONE — LIMITED, FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), AS PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 160 NE 50 Ter, 152 NE 50 Ter, 170 NE 50 Ter, 184 NE 50 Ter, 183 NE 50 St, 177 NE 50 St, 169 NE 50 St PURPOSE: Rezone above property from "T3-L" Sub -Urban Transect Zone — Limited and "T4-R" General Urban Transect Zone — Restricted to "T4-L" General Urban Transect Zone — Limited, "T5-L" Urban Center Transect Zone — Limited and "T5-O" Urban Center Transect Zone- Open FINDING(S): PLANNING DEPARTMENT: Recommended Approval. PLANNING, ZONING AND APPEALS BOARD: On September 20, 2023, recommended approval by a vote of 7-0. Note for the Record: Companion File ID 14742; PZAB File ID 13074 Linked to this Legislative Item; ePlan PZ-20-6065 Districts Impacted: District 5 City of Miami Page 47 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.17 ORDINANCE Second Reading 14558 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," MORE SPECIFICALLY BY AMENDING SECTION 3.3.1 AS IT RELATES TO MAXIMUM LOT AREA (OR LOT SIZE), IN ORDER TO PERMIT ADDITIONAL FLEXIBILITY IN THE DESIGN AND DEVELOPMENT OF BUILDINGS WITHIN THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: To permit additional flexibility in the design and development of buildings within the Southeast Overtown Park West CRA. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARDS: On September 20, 2023, recommended approval by a vote of 8-0. Note for the Record: PZAB File ID 14546 Linked to this Legislative File Districts Impacted: Various History: 09/28/23 City Commission PASSED ON FIRST READING Next: 10/26/23 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 48 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.18 ORDINANCE Second Reading 13542 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED, Department of Planning THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828 SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: 3700 SW 28 St, and 2810, 2814, 2816, 2818, 2824 and 2828 SW 37 Av APPLICANT(S): Alejandro Uribe, Esquire, on behalf of 2814/16 SW 37, LLC. PURPOSE: This will amend the designation on the Future Land Use Map for the above property from " Medium Density Restricted Commercial " to " Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On February 15, 2023, recommended approval, by a vote of 6-3. Note for the Record: Companion File ID 13543; ePlan PZ-22-13173 Districts Impacted: District 4 History: 03/23/23 City Commission INDEFINITELY DEFERRED Next: 09/28/23 RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next: 9/28/2023 9:00 AM MOVER: Joe Carollo, Vice Chair, District Three SECONDER: Manolo Reyes, Commissioner, District Four AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes ABSENT: Alex Diaz de la Portilla 09/28/23 City Commission PASSED ON FIRST READING WITH MODIFICATION(S) Next: 10/26/23 RESULT: PASSED ON FIRST READING WITH MODIFICATION(S) [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes City of Miami Page 49 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.19 ORDINANCE First Reading 14682 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO PERMIT CIVIC COMMUNITY FACILITY USES IN "T4-R," GENERAL URBAN ZONE - RESTRICTED TRANSECT ZONES; FURTHER AMENDING ARTICLE 6, SECTION 6.1 OF THE MIAMI 21 CODE, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR COMMUNITY FACILITIES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: To permit Civic Community facility uses in "T4-R", General Urban Zone -Restricted Transect Zones and to provide supplementary regulations for community facilities in Table 13. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: Scheduled for October 18, 2023 due to no quorum on October 4, 2023. Note for the Record: PZAB File ID 14568 Linked to this Legislative File Districts Impacted: All History: 10/12/23 City Commission NO ACTION TAKEN Next: 10/26/23 RESULT: NO ACTION TAKEN Next: 10/26/2023 9:00 AM City of Miami Page 50 Printed on 10/18/2023 City Commission Meeting Agenda October 26, 2023 PZ.20 ORDINANCE Second Reading 14631 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.5, TITLED "GENERAL TO ZONES/MEASUREMENT OF HEIGHT" AND ARTICLE 5, SECTION 5.3, TITLED "SPECIFIC TO ZONES/SUB-URBAN TRANSECT ZONES (T3)," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King, Commissioner Manolo Reyes APPLICANT(S): Arthur Noriega V, City Manager on behalf on the City of Miami PURPOSE: This text amendment to the Miami 21 Zoning Code will allow new construction and redevelopment to raise habitable structures out of the flood plain with added Freeboard, up to nine feet above the Base Flood Elevation. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: Scheduled for October 18, 2023 due to no quorum on October 4, 2023. Note for the Record: PZAB 14569 Linked to this Legislative Item Districts Impacted: All History: 10/12/23 City Commission PASSED ON FIRST READING Next: 10/26/23 RESULT: PASSED ON FIRST READING [UNANIMOUS] Next: 10/26/2023 9:00 AM MOVER: Manolo Reyes, Commissioner, District Four SECONDER: Sabina Covo, Commissioner, District Two AYES: Christine King, Joe Carollo, Sabina Covo, Manolo Reyes END OF PLANNING AND ZONING ITEM(S) City of Miami Page 51 Printed on 10/18/2023