HomeMy WebLinkAboutCC 2024-09-26 AgendaCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Agenda
Thursday, September 26, 2024
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
Miguel Angel Gabela, Commissioner, District One
Damian Pardo, Commissioner, District Two
Manolo Reyes, Commissioner, District Four
Arthur Noriega, V, City Manager
George K. Wysong III, City Attorney
Todd B. Hannon, City Clerk
City Commission
Meeting Agenda September 26, 2024
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 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PR - PRESENTATIONS AND PROCLAMATIONS
9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE
INVOCATION BY ASSOCIATED PASTOR TROY MCDUFFY OF HISTORIC
ST JOHN INSTITUTIONAL MISSIONARY BAPTIST CHURCH, 1328 NW
THIRD AVE MIAMI FL 33136
AM - APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
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 9/17/2024
City Commission
Meeting Agenda September 26, 2024
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.10 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.10 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
16533
Department of Fire -
Rescue
CA.2
16530
Department of
Resilience and Public
Works
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO ACCEPT FUNDING PURSUANT TO THE
TERMS AND CONDITIONS OF THE DEPARTMENT OF HOMELAND
SECURITY'S ("DHS") SECURING THE CITIES GRANT PROGRAM;
ESTABLISHING A NEW SPECIAL REVENUE PROJECT TITLED
"SECURING THE CITIES (STC) PROGRAM 2024," IN AN AMOUNT
NOT TO EXCEED $750,000.00 CONSISTING OF A GRANT FROM DHS
FOR THE PURPOSE OF ENHANCING REGIONAL CAPABILITIES IN
DETECTING, IDENTIFYING, AND RESPONDING TO RADIOLOGICAL
AND NUCLEAR THREATS BY PROVIDING FIRST RESPONDERS
WITH THE NECESSARY TRAINING AND EQUIPMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE
AND ADMINISTRATION OF SAID FUNDS AND COMPLIANCE WITH
THE SAID TERMS AND CONDITIONS.
Districts Impacted: All
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING EIGHT (8) RIGHT-OF-WAY DEEDS OF
DEDICATION ("DEEDS"), AS DESCRIBED IN EXHIBIT "A," ATTACHED
AND INCORPORATED, FOR RIGHT-OF-WAY PURPOSES;
APPROVING AND AUTHORIZING THE RECORDATION OF THE
DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA; FURTHER DIRECTING THE CITY CLERK TO RETAIN A
COPY OF THE DEEDS.
Districts Impacted: All
City of Miami Page 4 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
CA.3
16333
Department of
Resilience and Public
Works
CA.4
16476
Department of
Resilience and Public
Works
CA.5
16478
Department of
Resilience and Public
Works
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 9 / SOUTHWEST
27 AVENUE AT THE INTERSECTION WITH SOUTHWEST 23 STREET,
MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN
THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON
THE STATE HIGHWAY SYSTEM.
Districts Impacted: District 3
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 90/SOUTHWEST 8
STREET FROM SOUTHWEST 4 AVENUE TO SOUTHWEST 2
AVENUE, MIAMI, FLORIDA, FOR GENERAL ROADWAY
IMPROVEMENTS IN THIS CORRIDOR, INCLUDING IMPROVEMENTS
ON ROADS NOT ON THE STATE HIGHWAY SYSTEM.
Districts Impacted: District 3
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 7 / NORTHWEST 7
AVENUE FROM NORTH OF NORTHWEST 3 STREET TO SOUTH OF
NORTHWEST 8 STREET, AND ON STATE ROAD 933 / NORTHWEST
12 AVENUE AT NORTHWEST 6 STREET, MIAMI, FLORIDA, FOR
GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR,
INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE
HIGHWAY SYSTEM.
Districts Impacted: District 3, District 5
City of Miami Page 5 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
CA.6
16529
Department of
Resilience and Public
Works
CA.7
16477
Department of
Resilience and Public
Works
CA.8
16479
Department of
Resilience and Public
Works
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON VARIOUS STATE ROAD 9A ("SR-
9A") / INTERSTATE 95 ("1-95") OFF -RAMPS IN MIAMI, FLORIDA, FOR
GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR,
INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE
HIGHWAY SYSTEM.
Districts Impacted: District 5
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON STATE ROAD 953/SOUTHWEST-
NORTHWEST 42 AVENUE FROM NORTH OF SOUTHWEST 8 STREET
TO SOUTH OF NORTHWEST 11 STREET, MIAMI, FLORIDA, FOR
GENERAL ROADWAY IMPROVEMENTS IN THIS CORRIDOR,
INCLUDING IMPROVEMENTS ON ROADS NOT ON THE STATE
HIGHWAY SYSTEM.
SPONSOR(S): Commissioner Miguel Angel Gabela,
Commissioner Manolo Reyes
Districts Impacted: District 1, District 4
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
AN OFF -SYSTEM CONSTRUCTION AND MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
("FDOT"), FOR IMPROVEMENTS ON STATE ROAD ("SR") 886/PORT
BOULEVARD FROM SR-5/BISCAYNE BOULEVARD TO PORT MIAMI,
MIAMI, FLORIDA, FOR GENERAL ROADWAY IMPROVEMENTS IN
THIS CORRIDOR, INCLUDING IMPROVEMENTS ON ROADS NOT ON
THE STATE HIGHWAY SYSTEM.
SPONSOR(S): Commissioner Damian Pardo
Districts Impacted: District 2
City of Miami Page 6 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
CA.9
16528
Office of the City
Attorney
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE DIRECTOR OF FINANCE TO PAY HELVIN ALEJANDRO
DELGADO, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF
$60,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS'
FEES, AGAINST THE CITY OF MIAMI AND ITS OFFICERS, AGENTS,
AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE STYLED
HELVIN ALEJANDRO DELGADO VS. CITY OF MIAMI, PENDING IN
THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO.: 2023-6874-CA
01, 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 WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545011.0000.00000.
Districts Impacted:
CA.10 RESOLUTION
16671
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
AND DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL
ACTION(S) NECESSARY, IN LAW OR EQUITY, INCLUDING BUT NOT
LIMITED TO ACTIONS REGARDING QUIET TITLE AND PUBLIC
RECORDS, CONCERNING THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT").
Districts Impacted: District 2
END OF CONSENT AGENDA
City of Miami Page 7 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PH.1
16522
Department of Housing
and Community
Development
PH.2
16524
Department of Housing
and Community
Development
PH - PUBLIC HEARINGS
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS FOR FISCAL YEAR
("FY") 2024-2025, IN THE AMOUNT OF $763,571.00 IN THE PUBLIC
SERVICE CATEGORY AND AN ADDITIONAL AMOUNT OF $11,631.00
UNSPENT FUNDS FROM PREVIOUS YEAR PROGRAM INCOME, FOR
A TOTAL AMOUNT OF $775,202.00, TO THE AGENCIES/AND OR
DEPARTMENTS SPECIFIED IN EXHIBIT "A," ATTACHED AND
INCORPORATED, FOR PUBLIC SERVICE AND ECONOMIC
DEVELOPMENT ACTIVITIES, BEGINNING OCTOBER 1, 2024;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, INCLUDING AMENDMENTS, RENEWALS,
EXTENSIONS, AND MODIFICATIONS, AS MAY BE NECESSARY,
SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS THAT
REGULATE THE USE OF SUCH FUND, FOR SAID PURPOSE.
SPONSOR(S): City Commission
Districts Impacted: All
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ALLOCATING FUNDS IN THE AMOUNT OF
$743,000.00 TO THE AGENCIES SPECIFIED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE
ACTIVITIES FOR PROGRAM YEAR 2024-2025 FROM THE SOCIAL
SERVICE GAP PROGRAM FUNDS, ACCOUNT NO.
14010.910199.481000; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, INCLUDING
AMENDMENTS, RENEWALS, EXTENSIONS, AND MODIFICATIONS,
AS MAY BE NECESSARY, SUBJECT TO ALL FEDERAL, STATE, AND
LOCAL LAWS THAT REGULATE THE USE OF SUCH FUNDS, FOR
SAID PURPOSE.
SPONSOR(S): City Commission
Districts Impacted: All
City of Miami Page 8 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PH.3 RESOLUTION
16635 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 FINDINGS, 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 AND
APPROPRIATION OF MIAMI FOREVER BOND ("MFB") PROGRAM
FUNDS IN AN AMOUNT NOT TO EXCEED THREE MILLION NINE
HUNDRED THOUSAND AND 00/100 DOLLARS ($3,900,000.00) FROM
THE DISTRICT 4 COMMISSIONER'S SHARE OF MFB PROGRAMS
("FUNDS") TO 5215 FLAGLER STREET, LLC ("DEVELOPER"), TO
CONSTRUCT AN AFFORDABLE HOUSING DEVELOPMENT,
LOCATED AT 5215 WEST FLAGLER STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED ("PROJECT"), SUBJECT TO COMPLIANCE WITH
THE CITY'S DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT GUIDELINES, THE RECEIPT BY THE CITY
MANAGER OF THE WRITTEN APPROVAL OF THE PROJECT BY THE
CITY'S HOUSING AND COMMERCIAL LOAN COMMITTEE AND
SUBJECT TO THE TERMS, CONDITIONS, AND RESTRICTIONS
CONTAINED IN THE HCLC APPROVAL (COLLECTIVELY, "HCLC
APPROVAL"), AND 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 NECESSARY DOCUMENTS, INCLUDING
AMENDMENTS, EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE,
SUBJECT TO THE RECEIPT BY THE CITY MANAGER OF THE HCLC
APPROVAL.
SPONSOR(S): Commissioner Manolo Reyes
Districts Impacted:
City of Miami Page 9 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PH.4 RESOLUTION
16634 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), MODIFYING THE REQUIREMENTS AND
GUIDELINES OF THE EXPANDED FIRST TIME HOMEBUYER
PROGRAM DESCRIBED IN RESOLUTION NO. R-22-0211
("EXPANDED PROGRAM") AND MODIFIED BY RESOLUTION NOS. R-
22-0346 AND R-23-0521 BY REQUIRING APPLICANTS TO SECURE A
FIRST MORTGAGE IN AN AMOUNT THAT WOULD RESULT IN A
TOTAL PAYMENT, INCLUSIVE OF PRINCIPAL, INTEREST, TAXES,
AND INSURANCE, UP TO THIRTY PERCENT (30%) OF THE
APPLICANT'S TOTAL GROSS FAMILY INCOME AS IDENTIFIED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; EXCEPT FOR THE
EXCEPTIONS STATED HEREIN; PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Christine King
Districts Impacted:
City of Miami Page 10 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PH.5 RESOLUTION
16508 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AFTER
AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND
FINDING, ATTACHED AND INCORPORATED AS EXHIBIT "A," THAT
COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE
NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI;
WAIVING THE REQUIREMENTS FOR SAID PROCEDURES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
A REVOCABLE LICENSE AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND
MIAMI BETHANY COMMUNITY SERVICES, INC., A FLORIDA NOT -
FOR -PROFIT CORPORATION, FOR USE OF CITY -OWNED
PROPERTIES LOCATED AT 850 NORTHWEST 23 STREET AND 920
NORTHWEST 23 STREET, MIAMI, FLORIDA, 33127, FOR
BENEVOLENT AND CHARITABLE ACTIVITIES INCLUDING, BUT NOT
LIMITED TO, FOOD DISTRIBUTION TO THE NEEDY ("PROJECT");
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE SUCH AGREEMENTS OR OTHER DOCUMENTS,
INCLUDING AMENDMENTS TO THE LICENSE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY
TO PROCEED WITH THE PROJECT, ALL IN COMPLIANCE WITH
APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
SPONSOR(S): Commissioner Miguel Angel Gabela
Districts Impacted:
History:
09/12/24 City Commission DEFERRED Next: 09/26/24
RESULT: DEFERRED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
END OF PUBLIC HEARINGS
City of Miami Page 11 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE - RESOLUTIONS
RE.1 RESOLUTION
16557
Department of Code
Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT
MITIGATING THE CODE ENFORCEMENT LIEN RECORDED AGAINST
PROPERTY ADDRESS 225 NORTHWEST 16 STREET, MIAMI,
FLORIDA, CASE NUMBER CE2014013873, 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
RE.2 RESOLUTION
16587
Department of Code
Compliance
A RESOLUTION OF THE MIAMI CITY COMMISSION MITIGATING/NOT
MITIGATING THE CODE ENFORCEMENT LIENS RECORDED
AGAINST PROPERTY ADDRESS 460 NORTHEAST 28 STREET, CU-1,
MIAMI, FLORIDA, CASE NUMBER CE2021005143, 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 2
City of Miami Page 12 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.3 RESOLUTION
16615
Department of
Resilience and Public
Works
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), DECLARING NO OBJECTION AND SUPPORTING
THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT")
PROJECT TO ENHANCE TRAFFIC SAFETY FOR PEDESTRIANS AND
VEHICLES ON STATE ROAD ("SR") 934 / NORTHWEST 79 STREET
FROM NORTHWEST 27 AVENUE TO NORTHWEST 1 PLACE WITHIN
THE LIMITS OF THE CITY OF MIAMI ("CITY") INCLUDING THE
REMOVAL OF THIRTEEN (13) ON -STREET PARKING SPACES,
LOCATED ON SR 934 / NORTHWEST 79 STREET BETWEEN
NORTHWEST 6 AVENUE AND NORTHWEST 4 AVENUE, AS
DEPICTED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE DISTRICT SECRETARY OF THE FDOT,
DISTRICT SIX; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
Districts Impacted: District 5
City of Miami Page 13 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.4 RESOLUTION
16125 A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING
UPFRONT PAYMENT OF LEGAL FEES FOR CURRENT AND FORMER
ELECTED OFFICIALS IN CASES WHERE OUTSIDE COUNSEL IS
REQUIRED DUE TO CONFLICTS OF INTEREST, EXCEPT IN
EMERGENCIES AS DETERMINED BY THE CITY ATTORNEY;
DIRECTING THE CITY ATTORNEY TO REVIEW AND RECOMMEND
WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS RESOLUTION
WHETHER TO CONTINUE SUCH ENGAGEMENTS ON A CASE -BY -
CASE BASIS; FURTHER DIRECTING THE CITY ATTORNEY TO
REVIEW FUTURE CASES INVOLVING CURRENT OR FORMER
ELECTED OFFICIALS THAT REQUIRE OUTSIDE COUNSEL DUE TO
CONFLICTS OF INTEREST AND RECOMMEND WHETHER TO
ENGAGE OUTSIDE COUNSEL, INCLUDING ESTIMATED COSTS, AND
TO PROCEED IF THERE ARE NO OBJECTIONS FROM THE CITY
COMMISSION, EXCEPT IN EMERGENCIES AS DETERMINED BY THE
CITY ATTORNEY; DIRECTING THE CITY MANAGER TO
COLLABORATE WITH THE CITY'S INSURANCE BROKER TO
EVALUATE WHETHER IT IS FINANCIALLY PRUDENT AND FEASIBLE
TO OBTAIN NEW PUBLIC OFFICIALS & EMPLOYMENT PRACTICE
AND LAW ENFORCEMENT LIABILITY POLICIES WITH AN
ALTERNATE INSURANCE CARRIER AND TO PRESENT HIS
FINDINGS WITHIN NINETY (90) DAYS FROM THE DATE OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo, Commissioner
Manolo Reyes
Districts Impacted:
History:
06/27/24 City Commission DEFERRED Next: 09/26/24
RESULT: DEFERRED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Miguel Angel Gabela, Commissioner, District One
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 14 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.5 RESOLUTION
16653 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ALLOCATING AND APPROPRIATING FUNDS
FROM THE DISTRICT 1 COMMISSIONER'S SHARE OF THE CITY OF
MIAMI'S MIAMI FOR EVERYONE ("MFE") PROGRAM IN A TOTAL
AMOUNT NOT TO EXCEED FOUR HUNDRED FOUR THOUSAND,
SEVEN HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS
($404,727.00) ("FUNDS") FOR THE PROVISION OF A ELECTRIC
MICRO TRANSPORTATION SERVICE FOR THE ALLAPATTAH
NEIGHBORHOOD TO BE KNOWN AS "DISTRICT 1 MICROTRANSIT
INITIATIVE" ("PROJECT"); AUTHORIZING THE EXPENDITURE OF THE
HEREIN APPROPRIATED FUNDS IN THE PROCUREMENT OF
GOODS AND SERVICES BY AWARD OR CONTRACT FOR THE SAME
BY THE CITY COMMISSION FOLLOWING THE USE, IF APPLICABLE,
OF COMPETITIVE NEGOTIATIONS UNLESS THE AWARD OF SUCH
CONTRACT BY THE CITY MANAGER IS EXPRESSLY ALLOWED
UNDER CHARTER AND CITY CODE PROVISIONS; RATIFYING,
APPROVING, AND CONFIRMING CERTAIN NECESSARY ACTIONS
BY THE CITY MANAGER AND DESIGNATED CITY DEPARTMENTS IN
ORDER TO UPDATE AND AMEND THE CAPITAL PLAN, THE CITY'S
ADOPTED OPERATING BUDGET, 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 NECESSARY, INCLUDING, BUT NOT
LIMITED TO AGREEMENTS, MODIFICATIONS, AND AMENDMENTS,
ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID
PURPOSE; PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela
Districts Impacted:
RE.6 RESOLUTION
16668 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO
CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(3) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN
GENERAL," WAIVING THE TIME LIMITATION OF TEN (10)
TEMPORARY EVENTS FOR A MAXIMUM OF TWO (2) WEEKS EACH
PER YEAR ON PUBLIC PROPERTY FOR SPECIAL EVENTS THAT
ARE HELD AT 3385 PAN AMERICAN DRIVE, MIAMI, FLORIDA, FROM
OCTOBER 1, 2024 THROUGH DECEMBER 31, 2024, WITH
CONDITIONS AS STATED HEREIN.
SPONSOR(S): Commissioner Damian Pardo
Districts Impacted:
City of Miami Page 15 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.7 RESOLUTION
16669 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
MIAMI-DADE COUNTY DEPARTMENT OF TRANSPORTATION AND
PUBLIC WORKS TRAFFIC DIVISION ("COUNTY") TO RESTRICT
VEHICULAR ACCESS TO FLAGLER STREET, FROM BISCAYNE BLVD
TO NORTHEAST 2 AVENUE, ON WEEKENDS (FRIDAY-SUNDAY) AND
FOR OTHER STREET EVENTS THAT MAY OCCUR FROM TIME TO
TIME, FOR A PERIOD OF ONE YEAR.
SPONSOR(S): Commissioner Damian Pardo
Districts Impacted:
RE.8 RESOLUTION
16632
Department of Real
Estate and Asset
Management
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY
ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH BRIGHTLINE TRAINS FLORIDA LLC
("BRIGHTLINE") AND ITS CONSULTANT, SCS ENGINEERS ("SCS"),
FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE
EFFECTIVE DATE OF THE AGREEMENT, TO ACCESS CITY OF MIAMI
("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO NUMBER
01-0100-000-0555 ("PROPERTY") FOR THE COLLECTION OF SOIL
SAMPLES AND THE INSTALLATION AND SAMPLING OF A SHALLOW
GROUNDWATER MONITORING WELL, AS REQUIRED BY MIAMI-
DADE COUNTY DIVISION OF ENVIRONMENTAL RESOURCES
MANAGEMENT ("DERM"); FURTHER AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL
NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO THE AGREEMENT AS MAY BE NECESSARY TO
EFFECTUATE SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO
THE CITY ATTORNEY AND IN COMPLIANCE WITH ALL APPLICABLE
LAWS, RULES, AND REGULATIONS.
SPONSOR(S): Commissioner Christine King
Districts Impacted: District 5
City of Miami Page 16 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.9 RESOLUTION
16678 A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO
CHAPTER 62/ARTICLE XIII/DIVISION 1/SECTION 62-521(B)(3) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"PLANNING AND ZONING/PLANNING AND ZONING APPROVAL FOR
TEMPORARY USES AND OCCUPANCIES; PERMIT
REQUIRED/TEMPORARY EVENT PERMITS/TEMPORARY EVENTS IN
GENERAL," WAIVING THE TIME LIMITATION OF TEN (10)
TEMPORARY EVENTS FOR A MAXIMUM OF TWO (2) WEEKS EACH
PER YEAR ON PUBLIC PROPERTY FOR 2024 CARNIVAL EVENTS TO
BE HELD AT THE 9TH STREET MALL IN HISTORIC OVERTOWN
FROM OCTOBER 10 THROUGH OCTOBER 14, 2024, WITH
CONDITIONS AS STATED HEREIN.
SPONSOR(S): Commissioner Christine King
Districts Impacted:
RE.10 RESOLUTION
16604 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -
FIFTHS (4/5THS) AFFIRMATIVE VOTE PURSUANT TO SECTION 54-
137 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("CITY CODE"), CODESIGNATING THE PORTION OF AVIATION
AVENUE EXTENDING SOUTHEAST FROM THE INTERSECTION OF
AVIATION AVENUE AND SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, AS "MONTY TRAINER WAY," IN HONOR OF MONTY
TRAINER AND HIS SIGNIFICANT CONTRIBUTIONS TO THE
COCONUT GROVE COMMUNITY; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED OFFICIALS; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Miguel
Angel Gabela, Commissioner Damian Pardo, Commissioner Manolo
Reyes, Commissioner Christine King
Districts Impacted:
City of Miami Page 17 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.11
16670
Outside Counsel
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING
THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT
WITH THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS
MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA
ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC (THE "MAD ROOM
LITIGATION SETTLEMENT AGREEMENT") AND NEGOTIATE AND
EXECUTE ANY AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES
STATED HEREIN; AUTHORIZING THE CITY MANAGER TO ENTER
INTO A SETTLEMENT AGREEMENT AND RELEASE WITH QBE
SPECIALTY INSURANCE COMPANY (THE "QBE SETTLEMENT
AGREEMENT") WITH RESPECT TO QBE PUBLIC OFFICIALS AND
EMPLOYMENT PRACTICES LIABILITY POLICY # QPO01103-04
ISSUED TO THE CITY; POLICY PERIOD 11/01/20 TO 11/01/21 (THE
"POLICY"); FURTHER AUTHORIZING THE DIRECTOR OF FINANCE
TO MAKE OR DIRECT PAYMENT, PURSUANT TO THE TERMS OF
THE MAD ROOM LITIGATION SETTLEMENT AGREEMENT, IN AN
AMOUNT NOT TO EXCEED TWELVE MILLION FIVE HUNDRED
THOUSAND DOLLARS AND NO CENTS ($12,500,000.00)
("SETTLEMENT AMOUNT") TO MAD ROOM PLAINTIFFS, AS DEFINED
BELOW, WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ALL CLAIMS AND CONTROVERSIES
THAT WERE RAISED OR THAT COULD HAVE BEEN RAISED IN THE
CASE STYLED THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS
MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA
ARTS BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI,
CASE NO. 21-CV-23485-RKA, PENDING IN THE UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, AS
FOLLOWS: (A) INITIAL PAYMENT OF NINE MILLION DOLLARS AND
NO CENTS ($9,000,000.00) ("INITIAL PAYMENT") DELIVERED BY OR
ON BEHALF OF THE CITY ON OR BEFORE NOVEMBER 8, 2024; AND
(B) PAYMENT OF AN AMOUNT EQUAL TO THE REMAINING
BALANCE OF THE SETTLEMENT AMOUNT AFTER REDUCTION FOR
THE INITIAL PAYMENT AND THE DOLLAR AMOUNT OF ANY
MITIGATION OR FORGIVENESS OF LIENS OR FINES IMPOSED ON
ANY PLAINTIFF PRIOR TO AUGUST 12, 2024, DELIVERED BY OR ON
BEHALF OF THE CITY ON OR BEFORE OCTOBER 31, 2025;
ALLOCATING FUNDS FROM ACCOUNT NO.
50001.301001.545014.0000.00000; AND PROVIDING AN EFFECTIVE
DATE.
Districts Impacted:
City of Miami Page 18 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
RE.12 RESOLUTION
16680 A RESOLUTION OF THE MIAMI CITY COMMISSION COMBINING THE
MARCH 13, 2025, AND MARCH 27, 2025, CITY COMMISSION
MEETINGS INTO ONE (1) MEETING TO BE HELD ON THURSDAY,
MARCH 13, 2025, STARTING AT 9:00 A.M. TO BE HELD AT CITY
HALL, 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA; DIRECTING
THE CITY MANAGER AND THE CITY CLERK TO TAKE ANY AND ALL
ACTIONS NECESSARY TO ENSURE THAT THE PUBLIC IS
PROPERLY NOTIFIED OF THE CHANGE IN DATE.
SPONSOR(S): Commissioner Manolo Reyes
Districts Impacted:
END OF RESOLUTIONS
City of Miami Page 19 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
EM - EMERGENCY ORDINANCE
EM.1 ORDINANCE Emergency Ordinance
16655 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AMENDING
CHAPTER 54/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "STREETS AND
SIDEWALKS/NAMING OF STREETS AND NUMBERING OF
BUILDINGS," BY AMENDING SECTION 54-137, TITLED "STREET
CODESIGNATION," TO ALLOW THAT THE REQUIREMENTS OF THAT
SECTION MAY BE WAIVED BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE OF THE CITY COMMISSION; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Miguel
Angel Gabela, Commissioner Damian Pardo, Commissioner Manolo
Reyes, Commissioner Christine King
Districts Impacted:
END OF EMERGENCY ORDINANCE
City of Miami Page 20 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
SR - SECOND READING ORDINANCES
SR.1 ORDINANCE Second Reading
16378 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE X/SECTION 2-825 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED"
ADMINISTRATION/CODE ENFORCEMENT/RIGHTS OF VIOLATORS;
PAYMENT OF FINE; RIGHT TO APPEAL; FAILURE TO PAY AND
CORRECT," TO INCREASE THE TIME TO APPEAL AN ISSUED
INFRACTION FROM TEN (10) DAYS TO THIRTY (30) DAYS;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner
Christine King
Districts Impacted:
History:
07/25/24 City Commission PASSED ON FIRST READING
09/26/24
Next:
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 21 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
SR.2 ORDINANCE Second Reading
16379 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 10/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "BUILDING/UNSAFE
STRUCTURES," TO PROVIDE FOR A FURTHER AMNESTY FOR
SINGLE FAMILY HOMES AS WELL AS NEW PROPERTY
PURCHASERS SUBJECT TO UNSAFE STRUCTURE PANEL ORDERS
REQUIRING DEMOLITION THAT WERE ISSUED PRIOR TO
PURCHASE; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner
Christine King
Districts Impacted:
History:
07/25/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 22 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
SR.3 ORDINANCE Second Reading
16177 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF MIAMI ELECTED OFFICERS
RETIREMENT TRUST"; MORE PARTICULARLY BY AMENDING
SECTION 40-296, TITLED "APPLICABLE BENEFITS"; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE
EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela,
Commissioner Christine King
Districts Impacted: All
History:
06/13/24 City Commission MEETING CANCELLED Next: 06/18/24
RESULT:
MEETING CANCELLED Next: 6/18/2024 9:00 AM
06/18/24 City Commission DEFERRED Next: 07/11/24
RESULT: DEFERRED [UNANIMOUS] Next: 7/11/2024 9:00 AM
MOVER: Damian Pardo, Commissioner, District Two
SECONDER: Christine King, Chair, District Five
AYES: Christine King, Joe Carollo, Miguel Angel Gabela, Damian
Pardo
ABSENT: Manolo Reyes
07/11/24 City Commission PASSED ON FIRST READING WITH
MODIFICATION(S) Next: 09/12/24
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
[3 TO 2] Next: 9/12/2024 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Miguel Angel Gabela, Commissioner, District One
AYES: Christine King, Joe Carollo, Miguel Angel Gabela
NAYS: Damian Pardo, Manolo Reyes
09/12/24 City Commission DEFERRED Next: 09/26/24
RESULT: DEFERRED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
END OF SECOND READING ORDINANCES
City of Miami Page 23 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
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
16605 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING
CHAPTER 11.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
City Manager's Office
AMENDED, TITLED "CIVILIAN COMPLAINT INVESTIGATION AND
REVIEW," IN ITS ENTIRETY; FURTHER AMENDING CHAPTER
18/ARTICLE III, TITLED "FINANCE/CITY OF MIAMI PROCUREMENT
ORDINANCE," SPECIFICALLY BY AMENDING SECTION 18-72,
TITLED "APPLICATION AND EXCLUSIONS," AND SECTION 18-74,
TITLED "CONE OF SILENCE," TO REMOVE REFERENCES THERETO;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
Note for the Record: Note for the Record: Went on FL on September
12, 2024
Districts Impacted:
History:
09/12/24 City Commission NO ACTION TAKEN
RESULT: NO ACTION TAKEN
City of Miami Page 24 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
FR.2 ORDINANCE First Reading
14354 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING
Office of the City CHAPTER 2/ARTICLE II/SECTION 2-33 OF THE CODE OF THE CITY
Attorney OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF
BUSINESS AND RULES OF PROCEDURE," TO ESTABLISH
PROCEDURAL REQUIREMENTS FOR VOTE OUTCOMES INCLUDING
BUT NOT LIMITED TO MOTIONS THAT DO NOT OBTAIN A MAJORITY
OF VOTES; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Districts Impacted:
History:
12/14/23 City Commission DEFERRED Next: 02/22/24
RESULT: DEFERRED [UNANIMOUS] Next: 2/22/2024 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Joe Carollo, Miguel Angel Gabela, Damian
Pardo
ABSENT: Manolo Reyes
02/22/24 City Commission INDEFINITELY DEFERRED Next:
09/12/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
9/12/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
09/12/24 City Commission DEFERRED Next: 09/26/24
Next:
RESULT: DEFERRED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 25 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
FR.3 ORDINANCE First Reading
16245 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 2/ARTICLE IV/DIVISION 2/SECTION 2-212 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED
"ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING, AND
ZONING DEPARTMENT/RESERVED," TO CREATE A NEW SECTION
2-212, TITLED "CERTIFICATE OF RE -OCCUPANCY FOR SINGLE-
FAMILY RESIDENCES PRIOR TO RESALE," TO ALLOW FOR
INSPECTIONS BY THE CITY OF MIAMI CODE COMPLIANCE
DEPARTMENT TO DETERMINE WHETHER ANY CURRENT ZONING
VIOLATIONS EXIST ON THE PROPERTY AND TO DETERMINE IF THE
PROPERTY USAGE IS AS ALLOWED BY LAW; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR A THIRTY DAY
EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
Districts Impacted:
History:
06/27/24 City Commission DEFERRED Next: 09/26/24
RESULT: DEFERRED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
END OF FIRST READING ORDINANCES
City of Miami Page 26 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
AC.1
16672
Office of the City
Attorney
AC - ATTORNEY -CLIENT SESSION
ATTORNEY -CLIENT SESSION
UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A
PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE
SEPTEMBER 26, 2024, MIAMI CITY COMMISSION MEETING. THE PERSON
CHAIRING THE CITY COMMISSION MEETING WILL ANNOUNCE THE
COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE
PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION IN
THE MATTERS OF THE MAD ROOM LLC D/B/A BALL AND CHAIN, ALTOS
MEXICANO, LLC D/B/A TAQUERIAS EL MEXICANO, LITTLE HAVANA ARTS
BUILDING, LLC, AND LA GRAN FIESTA, LLC V. CITY OF MIAMI, CASE NO. 21-
CV-23485-RKA, PENDING IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF FLORIDA; TOWER HOTEL, LLC, A FLORIDA
LIMITED LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED
LIABILITY COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY
COMPANY EL SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
AND YO AMO CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY
V. CITY OF MIAMI, CASE NO. 2022-008069-CA-44, PENDING IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, AND TOWER HOTEL, LLC, A FLORIDA LIMITED
LIABILITY COMPANY PIEDRA VILLAS, LLC, A FLORIDA LIMITED LIABILITY
COMPANY, BEATSTIK, LLC, A FLORIDA LIMITED LIABILITY COMPANY EL
SHOPPING, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND YO AMO
CALLE SIETE, LLC, A FLORIDA LIMITED LIABILITY COMPANY V. CITY OF
MIAMI, CASE NO. 3D23-285, PENDING IN THE DISTRICT COURT OF APPEAL
OF THE STATE OF FLORIDA, THIRD DISTRICT, TO WHICH THE CITY IS
PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED
TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO
LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT
APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE
COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE
APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY
THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE THE
CHAIRWOMAN CHRISTINE KING, VICE-CHAIRMAN JOE CAROLLO,
COMMISSIONERS MIGUEL ANGEL GABELA, MANOLO REYES, AND DAMIAN
PARDO; THE CITY MANAGER, ARTHUR NORIEGA, V; THE CITY ATTORNEY,
GEORGE K. WYSONG III; CHIEF DEPUTY CITY ATTORNEY JOHN A. GRECO;
DEPUTY CITY ATTORNEY KEVIN R. JONES, ASSISTANT CITY ATTORNEYS
ERIC EVES, AND MARGUERITE SNYDER, AND CITY OF MIAMI'S OUTSIDE
COUNSEL RAQUEL A. RODRIGUEZ ESQ. AND ANGEL A. CORTINAS, ESQ. A
CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE
SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE
PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING
LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION,
THE REGULAR CITY COMMISSION MEETING WILL BE REOPENED AND THE
PERSON PRESIDING OVER THE CITY COMMISSION MEETING WILL
ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION.
Districts Impacted:
END OF ATTORNEY -CLIENT SESSION
City of Miami Page 27 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
DI - DISCUSSION ITEM
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
16619
City Manager's Office
DISCUSSION ITEM
A PRESENTATION BY THE OFFICE OF THE CITY ATTORNEY,
DEPARTMENT OF POLICE, AND DEPARTMENT OF HUMAN
SERVICES REGARDING THE FLORIDA HOUSE BILL 1365 - STATE
HOMELESS LEGISLATION BRIEFING.
Districts Impacted: All
END OF DISCUSSION ITEM
City of Miami Page 28 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
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
12288
Office of Zoning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON
BEHALF OF 6925 BISCAYNE, LLC, REVERSING / AFFIRMING THE
PLANNING, ZONING AND APPEALS BOARD'S DECISION AS SET
FORTH IN RESOLUTION NO. PZAB-R-22-017 AFFIRMING THE
ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE
PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 6901 BISCAYNE
BOULEVARD, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING /
UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE
CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND / OR
CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION(S): Approximately 6901 Biscayne Boulevard
APPLICANT(S): Louis J. Terminello, Esq., on behalf of 6925 Biscayne,
LLC, business owner.
APPELLANT(S): Louis J. Terminello, Esq., on behalf of 6925 Biscayne,
LLC, business owner.
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and
Appeals Board decision.
FINDING(S):
OFFICE OF ZONING: Recommend denial of the appeal and upholding
the decision of the Zoning Administrator to deny the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: The motion to grant the
appeal on July 6, 2022, failed, by a vote of 4-5.
Note for the Record: PZAB File ID 8675 Linked to this Legislative File
Districts Impacted: District 5
City of Miami Page 29 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
History:
09/22/22 City Commission DEFERRED Next: 10/13/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/13/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Christine King, Ken Russell, Alex Diaz de la Portilla,
Manolo Reyes
ABSENT: Joe Carollo
10/13/22 City Commission DEFERRED Next: 10/27/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/27/2022 9:00 AM
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
10/27/22 City Commission CONTINUED Next: 11/17/22
RESULT: CONTINUED [UNANIMOUS] Next: 11/17/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
11/17/22 City Commission INDEFINITELY DEFERRED Next:
05/11/23
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/11/2023 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Christine King, Joe Carollo, Ken Russell, Manolo Reyes
ABSENT: Alex Diaz de la Portilla
05/25/23 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: Joe Carollo, Vice Chair, District Three
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Sabina Covo
ABSENT: Manolo Reyes
07/27/23 City Commission INDEFINITELY DEFERRED Next:
02/22/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
2/22/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes
Next:
City of Miami Page 30 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
02/22/24 City Commission INDEFINITELY DEFERRED Next:
09/26/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 31 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.2
12289
Office of Zoning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ.
REVERSING / AFFIRMING THE PLANNING ZONING AND APPEALS
BOARD'S DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-
22-018 AFFIRMING THE ZONING ADMINISTRATOR'S DENIAL OF A
CERTIFICATE OF USE PURSUANT TO SECTION 2-211 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND
SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MIAMI 21 CODE"), FOR THE PROPERTY LOCATED AT
APPROXIMATELY 2222 NORTHWEST 5 AVENUE, MIAMI, FLORIDA,
MIAMI, FLORIDA ("PROPERTY"), AND REVERSING / UPHOLDING
THE ZONING ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF
USE FOR A CANNABIS DISPENSARY AND/ OR CLINIC FOR THE
PROPERTY; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION(S): Approximately, 2222 Northwest 5 Avenue
APPLICANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's
Nursery, Inc, business owner.
APPELLANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's
Nursery, Inc, business owner.
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and
Appeals Board decision.
FINDING(S):
OFFICE OF ZONING: Recommend denial of the appeal and upholding
the decision of the Zoning Administrator to deny the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: The motion to grant the
appeal on July 6, 2022, failed, by a vote of 4-5.
Note for the Record: PZAB File ID 8979 Linked to this Legislative File
Districts Impacted: District 5
History:
09/22/22 City Commission DEFERRED Next: 10/13/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/13/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Christine King, Ken Russell, Alex Diaz de la Portilla,
Manolo Reyes
ABSENT: Joe Carollo
10/13/22 City Commission DEFERRED Next: 10/27/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/27/2022 9:00 AM
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
City of Miami Page 32 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
10/27/22 City Commission CONTINUED Next: 11/17/22
RESULT: CONTINUED [UNANIMOUS] Next: 11/17/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
11/17/22 City Commission INDEFINITELY DEFERRED Next:
05/11/23
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/11/2023 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Christine King, Joe Carollo, Ken Russell, Manolo Reyes
ABSENT: Alex Diaz de la Portilla
05/25/23 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: Joe Carollo, Vice Chair, District Three
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Sabina Covo
ABSENT: Manolo Reyes
07/27/23 City Commission INDEFINITELY DEFERRED Next:
02/22/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
2/22/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes
Next:
02/22/24 City Commission INDEFINITELY DEFERRED Next:
07/25/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
7/25/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
07/25/24 City Commission CONTINUED Next: 09/26/24
Next:
RESULT: CONTINUED [UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 33 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.3 RESOLUTION
12290 MAY BE WITHDRAWN
Office of Zoning
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON
BEHALF OF BILL'S NURSERY, INC., REVERSING /AFFIRMING THE
PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET
FORTH IN RESOLUTION NO. PZAB-R-22-019 AFFIRMING THE
ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE
PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), AND SECTION 7.1.2.1
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE"), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 172 WEST FLAGLER
STREET, MIAMI, FLORIDA ("PROPERTY"), AND REVERSING /
UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE
CERTIFICATE OF USE FORA CANNABIS DISPENSARYAND/ OR
CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION(S): Approximately 172 West Flagler Street
APPLICANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's
Nursery, Inc, business owner.
APPELLANT(S): Louis J. Terminello, Esq., on behalf of on behalf of Bill's
Nursery, Inc, business owner.
PURPOSE: The Appellant seeks to appeal the Planning, Zoning and
Appeals Board decision.
FINDING(S):
OFFICE OF ZONING: Recommend denial of the appeal and upholding
the decision of the Zoning Administrator to deny the Certificate of Use.
PLANNING, ZONING AND APPEALS BOARD: The motion to grant the
appeal on July 6, 2022, failed, by a vote of 4-5.
Note for the Record: PZAB File ID 8980 Linked to this Legislative File
Districts Impacted: District 5
History:
09/22/22 City Commission DEFERRED Next: 10/13/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/13/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Christine King, Ken Russell, Alex Diaz de la Portilla,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 34 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
10/13/22 City Commission DEFERRED Next: 10/27/22
RESULT: DEFERRED [UNANIMOUS] Next: 10/27/2022 9:00 AM
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
10/27/22 City Commission CONTINUED Next: 11/17/22
RESULT: CONTINUED [UNANIMOUS] Next: 11/17/2022 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Russell, Diaz de la Portilla, Reyes
11/17/22 City Commission INDEFINITELY DEFERRED Next:
05/11/23
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/11/2023 9:00 AM
MOVER: Ken Russell, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Christine King, Joe Carollo, Ken Russell, Manolo Reyes
ABSENT: Alex Diaz de la Portilla
05/25/23 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: Joe Carollo, Vice Chair, District Three
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Sabina Covo
ABSENT: Manolo Reyes
07/27/23 City Commission INDEFINITELY DEFERRED Next:
02/22/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
2/22/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes
02/22/24 City Commission INDEFINITELY DEFERRED Next:
09/26/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
Next:
City of Miami Page 35 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.4
12835
Office of Zoning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING /
DENYING THE APPEAL FILED BY LOUIS J. TERMINELLO, ESQ., ON
BEHALF OF DFMMJ INVESTMENTS, LLC, REVERSING / AFFIRMING
THE PLANNING ZONING AND APPEALS BOARD'S DECISION AS SET
FORTH IN RESOLUTION NO. PZAB-R-22-047 AFFIRMING THE
ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE
PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CITY CODE") AND SECTION 7.1.2.1
OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 2155 SOUTHWEST 22
STREET, MIAMI, FLORIDA, ("PROPERTY"), AND REVERSING /
UPHOLDING THE ZONING ADMINISTRATOR'S DENIAL OF THE
CERTIFICATE OF USE FOR A CANNABIS DISPENSARY AND/OR
CLINIC FOR THE PROPERTY; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 2155 Southwest 22 Street
APPLICANT(S): Louis J. Terminello, Esq., on behalf of DFMMJ
INVESTMENTS, LLC
APPELLANT(S): Ron L. Book, P.A. and Louis J. Terminello, Esq., co -
counsels on behalf of DFMMJ INVESTMENTS, LLC
PURPOSE: The Appellant is seeking to have a decision of the Planning,
Zoning and Appeals Board reversed.
FINDING(S):
OFFICE OF ZONING: Recommended denial of the appeal and upholding
the decision of the Planning, Zoning and Appeals Boards, to deny the
Certificate of Use.
PLANNING, ZONING AND APPEALS BOARDS: On October 11, 2022,
the motion to deny the appeal passed, by a vote of 6-1.
Note for the Record: PZAB File ID 12467 Linked to this Legislative
File
Districts Impacted: District 4
History:
01/26/23 City Commission ADOPTED WITH MODIFICATION(S) BUT
RECONSIDERED
RESULT: ADOPTED WITH MODIFICATION(S) BUT
RECONSIDERED [UNANIMOUS]
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
City of Miami Page 36 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
01/26/23 City Commission RECONSIDERED
RESULT: RECONSIDERED [3 TO 1]
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Christine King, Chair, District Five
AYES: Christine King, Joe Carollo, Manolo Reyes
NAYS: Alex Diaz de la Portilla
01/26/23 City Commission DEFERRED Next: 02/09/23
RESULT: DEFERRED [UNANIMOUS] Next: 2/9/2023 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Alex Diaz de la Portilla, Commissioner
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Manolo Reyes
02/09/23 City Commission INDEFINITELY DEFERRED Next:
05/11/23
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
5/11/2023 9:00 AM
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Manolo Reyes
05/11/23 City Commission DEFERRED Next: 05/25/23
RESULT: DEFERRED [UNANIMOUS] Next: 5/25/2023 9:00 AM
MOVER: Alex Diaz de la Portilla, Commissioner
SECONDER: Christine King, Chair, District Five
AYES: Christine King, Alex Diaz de la Portilla, Sabina Covo,
Manolo Reyes
ABSENT: Joe Carollo
05/25/23 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: Joe Carollo, Vice Chair, District Three
AYES: Christine King, Joe Carollo, Alex Diaz de la Portilla,
Sabina Covo
ABSENT: Manolo Reyes
07/27/23 City Commission INDEFINITELY DEFERRED Next:
02/22/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS]
2/22/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Diaz de la Portilla, Covo, Reyes
Next:
City of Miami Page 37 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
02/22/24 City Commission INDEFINITELY DEFERRED Next:
09/26/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 38 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.5 ORDINANCE Second Reading
14035 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 "HIGH DENSITY MULTIFAMILY
RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED
AT 136 NORTHWEST 35TH 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, 136 NW 35 Street
APPLICANT(S): Pedro M. Villa, Esq., on behalf of Educationem
Consulendis Enterprises Inc
PURPOSE: This will amend the designation on the Future Land
Use Map Amendment for the above property from High Density
Multifamily Residential to General Commercial.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING, AND APPEALS BOARD: On May 17, 2023, did not
recommend approval by failing to obtain the required supermajority vote,
the vote was 4-3.
Note for the Record: Companion File ID 14036; PZAB File ID 13578
Linked to this Legislative File; ePlan PZ-22-15135
Districts Impacted: District 5
City of Miami Page 39 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
History:
06/22/23 City Commission PASSED ON FIRST READING
07/27/23
Next:
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
7/27/2023 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Sabina Covo, Commissioner
AYES: Christine King, Sabina Covo, Manolo Reyes
ABSENT: Joe Carollo, Alex Diaz de la Portilla
07/27/23 City Commission CONTINUED Next: 09/28/23
RESULT: CONTINUED [UNANIMOUS] Next: 9/28/2023 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
09/28/23 City Commission INDEFINITELY DEFERRED Next:
03/14/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
3/14/2024 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
03/14/24 City Commission INDEFINITELY DEFERRED Next:
09/26/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Damian Pardo, Commissioner, District Two
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 40 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.6 ORDINANCE Second Reading
14036 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, AND APPROVING A DECLARATION OF
RESTRICTIVE COVENANTS, ATTACHED AND INCORPORATED AS
EXHIBIT "B," OF THE PROPERTY AT 136 NORTHWEST 35TH
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, 136 NW 35 Street
APPLICANT(S): Pedro M. Villa, Esq. on behalf of Educationem
Consulendis Enterprises, Inc.
PURPOSE: This will rezone the property from "T4-R" General Urban
Transect Zone -Restricted to "T5-O" Urban Center Transect Zone -Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING, AND APPEALS BOARD: On May 17, 2023, did not
recommend approval by failing to obtain the required supermajority vote,
the vote was 4-3.
Note for the Record: Companion File ID 14035; PZAB File ID 13579
Linked to this Legislative File; ePlan PZ-22-15134
Districts Impacted: District 5
City of Miami Page 41 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
History:
06/22/23 City Commission PASSED ON FIRST READING
07/27/23
Next:
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
7/27/2023 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Sabina Covo, Commissioner
AYES: Christine King, Sabina Covo, Manolo Reyes
ABSENT: Joe Carollo, Alex Diaz de la Portilla
07/27/23 City Commission CONTINUED Next: 09/28/23
RESULT: CONTINUED [UNANIMOUS] Next: 9/28/2023 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
09/28/23 City Commission INDEFINITELY DEFERRED Next:
03/14/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
3/14/2024 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
03/14/24 City Commission INDEFINITELY DEFERRED Next:
09/26/24
RESULT: INDEFINITELY DEFERRED [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Damian Pardo, Commissioner, District Two
SECONDER: Joe Carollo, Vice Chair, District Three
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 42 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.7 ORDINANCE Second Reading
15938 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 "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 185
NORTHEAST 59 STREET AND 175 NORTHEAST 59 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Generally, 185 Northeast 59 Street and 175 Northeast 59
Street
APPLICANT(S): Steven J. Wernick, Esq., on behalf of 5900 W Little Haiti,
LLC.
PURPOSE: This application seeks to amend the designation on the
Future Land Use Map for the above property from " Medium Density
Multifamily Residential " to " Restricted Commercial ".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On April 3, 2024,
recommended approval, by a vote of 7-1.
Note for the Record: Companion File ID 15939; PZAB File ID 15709
Linked to this Legislative File; ePlan PZ 23-16881
Districts Impacted: District 5
City of Miami Page 43 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
History:
05/23/24 City Commission CONTINUED Next: 06/27/24
RESULT: CONTINUED [UNANIMOUS] Next: 6/27/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
06/27/24 City Commission DEFERRED Next: 07/11/24
RESULT: DEFERRED [UNANIMOUS] Next: 7/11/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
07/11/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Christine King, Chair, District Five
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 44 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.8 ORDINANCE Second Reading
15939 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 "T5-R," URBAN CENTER TRANSECT ZONE —
RESTRICTED, TO "T5-O," URBAN CENTER TRANSECT ZONE - OPEN,
OF THE PROPERTY GENERALLY LOCATED AT 185 NORTHEAST 59
STREET AND 175 NORTHEAST 59 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; ACCEPTING THE VOLUNTARILY PROFFERED
DECLARATION OF RESTRICTIVE COVENANTS, ATTACHED AND
INCORPORATED AS EXHIBIT "A"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Generally, 185 Northeast 59 Street and 175 Northeast 59
Street
APPLICANT(S): Steven J. Wernick, Esq., on behalf of 5900 W Little Haiti,
LLC
PURPOSE: This application seeks to change the above property from
"T5-R" Urban Center Transect Zone — Restricted to "T5-O" Urban Center
Transect Zone — Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On April 3, 2024,
recommended approval, by a vote of 8-0.
Note for the Record: Companion File ID 15938; PZAB File ID 15710
Linked to this Legislative File; ePlan PZ 23-16880
Districts Impacted: District 5
City of Miami Page 45 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
History:
05/23/24 City Commission CONTINUED Next: 06/27/24
RESULT: CONTINUED [UNANIMOUS] Next: 6/27/2024 9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
06/27/24 City Commission DEFERRED Next: 07/11/24
RESULT: DEFERRED [UNANIMOUS] Next: 7/11/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Damian Pardo, Commissioner, District Two
AYES: King, Carollo, Gabela, Pardo, Reyes
07/11/24 City Commission PASSED ON FIRST READING WITH
MODIFICATION(S) Next: 09/26/24
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
[UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Christine King, Chair, District Five
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 46 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.9 ORDINANCE Second Reading
16265 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 FOR TWO (2) PORTIONS OF LAND FROM "PUBLIC
PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL," AND
FROM "RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND
RECREATION RESPECTIVELY," OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY AT 1822 NORTHWEST 37 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.
LOCATION: Generally, 1822 Northwest 37 Avenue
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: This will amend the designation on the Future Land Use Map
for the above two (2) portions of the property from "Public Parks and
Recreation" to "Restricted Commercial", and from "Restricted
Commercial" to Public Parks and Recreation", respectively.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024,
recommended approval, by a vote of 7-0.
Note for the Record: Companion File ID 16266; PZAB File ID 15807
Linked to this Legislative File; ePlan PZ-24-17919
Districts Impacted: District 1
History:
07/25/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [3 TO 1] Next: 9/26/2024
9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo
NAYS: Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 47 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.10 ORDINANCE Second Reading
16266 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 FOR TWO (2) PORTIONS OF LAND - ONE
PORTION FROM "CS," CIVIC SPACE ZONE, TO "T6-8-O," URBAN
CORE TRANSECT ZONE — OPEN, AND ANOTHER PORTION FROM
"T6-8-O," URBAN CORE TRANSECT ZONE — OPEN, TO "CS," CIVIC
SPACE ZONE, RESPECTIVELY, OF THE PROPERTY GENERALLY
LOCATED AT 1822 NORTHWEST 37 AVENUE, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately, 1822 Northwest 37 Av
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: This will change the above two (2) portions of the property
from "CS," Civic Space Zone, to "T6-8-O," Urban Core Transect Zone —
Open, and "T6-8-O," Urban Core Transect Zone — Open, to "CS," Civic
Space Zone, respectively.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024,
recommended approval, by a vote of 7-0.
Note for the Record: Companion File ID 16265; PZAB File ID 15808
Linked to this Legislative File; ePlan PZ--24-17921
Districts Impacted: District 1
History:
07/25/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [3 TO 1] Next: 9/26/2024
9:00 AM
MOVER: Miguel Angel Gabela, Commissioner, District One
SECONDER: Damian Pardo, Commissioner, District Two
AYES: Christine King, Miguel Angel Gabela, Damian Pardo
NAYS: Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 48 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.11 ORDINANCE Second Reading
16436 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE
SOUTHWESTERN PORTION OF REAL PROPERTY AT 980
MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 980 MacArthur Causeway
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: This request is to change the Land Use designation from
"Major Institutional, Public Facilities, Transportation and Utilities Space" to
"Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On September 4, 2024,
the motion to recommend approval failed, by a vote of 2-5.
Note for the Record: Companion File ID 16435 and File ID 16570;
PZAB File ID 16458 Linked to this Legislative File; ePlan PZ-24-18325
Districts Impacted: District 2
History:
09/12/24 City Commission PASSED ON FIRST READING WITH
MODIFICATION(S) Next: 09/26/24
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
[UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 49 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.12 ORDINANCE Second Reading
16435 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 "Cl," CIVIC INSTITUTIONAL
TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, FOR
THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY
LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 980 MacArthur Causeway
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: This will change the zoning atlas of the western portion of the
property from "Cl" to "CS".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On September 4, 2024,
the motion to recommend approval failed, by a vote of 2-5.
Note for the Record: Companion File ID 16436 and File ID 16570;
PZAB File ID 16461 Linked to this Legislative File; ePlan PZ-24-18325
Districts Impacted: District 2
History:
09/12/24 City Commission PASSED ON FIRST READING WITH
MODIFICATION(S) Next: 09/26/24
RESULT: PASSED ON FIRST READING WITH MODIFICATION(S)
[UNANIMOUS] Next: 9/26/2024 9:00 AM
MOVER: Joe Carollo, Vice Chair, District Three
SECONDER: Manolo Reyes, Commissioner, District Four
AYES: King, Carollo, Gabela, Pardo, Reyes
City of Miami Page 50 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.13
16570
Department of
Planning
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING A WAIVER OF THE LIMITATIONS
UNDER ARTICLE 7, SECTION 7.1.2.8(G) OF ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("MIAMI 21 CODE"), FOR THE SOUTHWESTERN PORTION
OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR
CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," ATTACHED AND INCORPORATED.
LOCATION: Approximately 980 MacArthur Causeway
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: This application seeks a waiver of the 18-month limitation
provision expressed in Article 7, Section 7.1.2.8(g) of the Miami 21 Code.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
Note for the Record: Companion File ID 16435 and File ID 16436;
ePlan PZ-24-18328
Districts Impacted: District 2
City of Miami Page 51 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.14 ORDINANCE Second Reading
16029 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
Planning MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," AND
ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO ONLY
ALLOW BED AND BREAKFAST USE IN "T4-R," GENERAL URBAN
TRANSECT ZONE - RESTRICTED, IN CERTAIN CIRCUMSTANCES
PER CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: To allow B&B in T4-R only if it is a contributing historic
property and the use is approved by HEPB.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024,
recommended approval, by a vote of 7-0.
Note for the Record: 60-day Public Comment: May 15, 2024 - July 13,
2024; 15-day Public Comment Period: July 26, 2024 - August 10,
2024; PZAB File ID 15817 Linked to this Legislative File
Districts Impacted: All
History:
05/23/24 City Commission NO ACTION TAKEN Next: 07/25/24
RESULT: NO ACTION TAKEN Next: 7/25/2024 9:00 AM
07/25/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Miguel Angel Gabela, Commissioner, District One
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 52 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.15 ORDINANCE Second Reading
16030 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
Department of ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
Planning MIAMI, FLORIDA, AS AMENDED, SPECIFICALLY BY AMENDING
ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO CLARIFY SIDE AND
REAR SETBACK ENCROACHMENTS AND ANY ASSOCIATED
DESIGN REQUIREMENTS FOR T5 — URBAN CORE TRANSECT
ZONE, T6 — URBAN CENTER TRANSECT ZONES, AND CI -HD — CIVIC
INSTITUTION ZONES - HEALTH DISTRICT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the
City of Miami.
PURPOSE: Amendments to Legislation pertaining to Miami 21,
Article 5 "Specific to Zones" to clarify side and/or rear setback
encroachments and introduce associated design and landscape
buffer requirements when abutting T3 - Sub Urban Zone.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024,
recommended approval, by a vote of 7-0.
Note for the Record: 60-day Public Comment: May 15, 2024 - July 13,
2024; 15-day Public Comment Period: July 26, 2024 - August 10,
2024; PZAB File ID 15974 Linked to this Legislative File
Districts Impacted: All
History:
05/23/24 City Commission NO ACTION TAKEN Next: 07/25/24
RESULT:
NO ACTION TAKEN Next: 7/25/2024 9:00 AM
07/25/24 City Commission PASSED ON FIRST READING Next:
09/26/24
RESULT: PASSED ON FIRST READING [UNANIMOUS] Next:
9/26/2024 9:00 AM
MOVER: Manolo Reyes, Commissioner, District Four
SECONDER: Miguel Angel Gabela, Commissioner, District One
AYES: Christine King, Miguel Angel Gabela, Damian Pardo,
Manolo Reyes
ABSENT: Joe Carollo
City of Miami Page 53 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.16 ORDINANCE First Reading
16434 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), PURSUANT TO ARTICLES 3 AND 7 OF
Planning ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AMENDING THE
ZONING ATLAS OF THE MIAMI 21 CODE BY CHANGING THE ZONING
CLASSIFICATION FROM "T6-12-0" TO "T6-24A-O" FOR THE
PROPERTIES LOCATED AT 1411 NORTHWEST NORTH RIVER
DRIVE, 1421 NORTHWEST NORTH RIVER DRIVE, 1441 NORTHWEST
NORTH RIVER DRIVE, 1451 NORTHWEST NORTH RIVER DRIVE,
1465 NORTHWEST NORTH RIVER DRIVE, 1481 NORTHWEST
NORTH RIVER DRIVE, 1440 NORTHWEST 13 TERRACE, 1430
NORTHWEST 13 TERRACE, AND 1424 NORTHWEST 13 TERRACE,
MIAMI, FLORIDA AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"C," ATTACHED AND INCORPORATED; FURTHER AMENDING
APPENDIX G OF THE MIAMI 21 CODE, TITLED "RIVER LANDING
SPECIAL AREA PLAN" ("RL SAP"), AS MORE PARTICULARLY
DESCRIBED IN THE AMENDED REGULATING PLAN, ATTACHED AND
INCORPORATED AS EXHIBIT "A," AND THE AMENDED CONCEPT
BOOK, ATTACHED AND INCORPORATED AS EXHIBIT "B,"
SPECIFICALLY BY: (A) ADDING TO THE "RL SAP" APPROXIMATELY
88,039 SQUARE FEET (2.02 ACRES) OF LOT AREA SPLIT AMONG
NINE (9) ADDITIONAL PARCELS FOR A TOTAL COMBINED AREA OF
442,570 SQUARE FEET (10.16 ACRES), WITH THE ADDED
PROPERTIES MORE PARTICULARLY DESCRIBED IN EXHIBIT "C,"
ATTACHED AND INCORPORATED; (B) PROPOSING NEW
DEVELOPMENT TO ADD 475 DWELLING UNITS AND AN ADDITIONAL
LARGE GREEN SPACE TO THE "RL SAP"; (C) AMENDING THE
REGULATING PLAN AND THE CONCEPT BOOK TO INCLUDE THE
DEVELOPMENT OF THE ADDITIONAL AREA AND TO ALSO INCLUDE
REVISIONS FOR CONSISTENCY WITH THE MIAMI 21 CODE; AND (D)
MAKING FINDINGS, CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately, 1411 NW North River Dr, 1421 NW North
River Dr, 1441 NW North River Dr, 1451 NW North River Dr, 1465 NW
North River Dr, 1481 NW North River Dr, 1440 NW 13 Terrace, 1430 NW
13 Terrace, and 1424 NW 13 Terrace
APPLICANT(S): Andres Rivero, Esq. on behalf of Notruse Holdings, LLC.
PURPOSE: Amendments to Legislation pertaining to Miami 21 Appendix
G, the River Landing Special Area Plan ("RL SAP"), amending the
Regulating Plan and Concept Book to add the properties located at
approximately 1411 NW North River Dr, 1421 NW North River Dr, 1441
NW North River Dr, 1451 NW North River Dr, 1465 NW North River Dr,
1481 NW North River Dr, 1440 NW 13 Terrace, 1430 NW 13 Terrace, and
1424 NW 13 Terrace (the "New Parcels"), proposing a new residential
tower and large green space to expand the existing "RL SAP," and
additional updates to the Regulating Plan in Articles 1, 4, 5, and 6.
City of Miami Page 54 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On July 17, 2024,
recommended approval, by a vote of 7-0.
Note for the Record: Companion File ID 16438; PZAB File ID 16274
Linked to this Legislative File; ePlan PZ-21-10258
Districts Impacted: District 1
City of Miami Page 55 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.17 ORDINANCE First Reading
16438 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
Department of ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT,
Planning PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
SAID DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, A DRAFT OF WHICH IS ATTACHED AND
INCORPORATED AS EXHIBIT "B," BETWEEN NOTRUSE HOLDINGS,
LLC ("APPLICANT") AND THE CITY OF MIAMI, FLORIDA ("CITY"),
GOVERNING THE PROPERTIES GENERALLY LOCATED AT 1411
NORTH WEST NORTH RIVER DRIVE, 1421 NORTH WEST NORTH
RIVER DRIVE, 1441 NORTH WEST NORTH RIVER DRIVE, 1451
NORTH WEST NORTH RIVER DRIVE, 1465 NORTH WEST NORTH
RIVER DRIVE, 1481 NORTH WEST NORTH RIVER DRIVE, 1440
NORTH WEST 13TH TERRACE, 1430 NORTH WEST 13TH TERRACE,
AND 1424 NORTH WEST 13TH TERRACE, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: 1411 Northwest North River Drive, 1421 Northwest North
River Drive, 1441 Northwest North River Drive, 1451 Northwest North
River Drive, 1465 Northwest North River Drive, 1481 Northwest North
River Drive, 1440 Northwest 13 Terrace, 1430 Northwest 13 Terrace, and
1424 Northwest 13 Terrace.
APPLICANT(S): Andres Rivero, Attorney with Bilzin Sumberg Baena
Price & Axelrod LLP, on behalf of Notruse Holdings, LLC.
PURPOSE: New Development Agreement proposed in connection with
the pending application to expand the River Landing SAP to allow for the
development of the MidRiverVu Project on the following abutting parcels
across NW North River Drive (the "Notruse Property")
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
Note for the Record: Companion File ID 16434; ePlan PZ-
Districts Impacted: District 1
City of Miami Page 56 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.18 ORDINANCE First Reading
16430 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 RESTRICTED
COMMERCIAL" (WESTERN PORTION) AND "PUBLIC PARKS AND
RECREATION" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 8032
NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 8032 Northeast 2 Avenue
APPLICANT(S): Javier E. Fernandez, Esq., on behalf of Rivercow, LLC.
PURPOSE: This will amend the designation on the Future Land Use Map
for the above property from Medium Density Restricted Commercial
("MDRC") and Public Parks and Recreation ("PPR") to Restricted
Commercial ("RC").
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On July 9, 2024,
recommended approval, by a vote of 9-0.
Note for the Record: Companion File ID 16431; PZAB File ID 15810
Linked to this Legislative File; ePlan PZ-22-15068
Districts Impacted: District 5
City of Miami Page 57 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.19 ORDINANCE First Reading
16431 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 "CS," CIVIC SPACE ZONE, TO "T6-8-O,"
URBAN CORE TRANSECT ZONE — OPEN, AND "T5-O," URBAN
CENTER TRANSECT ZONE — OPEN, TO "T6-8-O," URBAN CORE
TRANSECT ZONE — OPEN, FOR THE WESTERN PORTION OF THE
PROPERTY GENERALLY LOCATED AT 8032 NORTHEAST 2
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 8032 Northeast 2 Avenue
APPLICANT(S): Javier E. Fernandez, Esq., on behalf of Rivercow, LLC.
PURPOSE: This will change the zoning atlas of the western portion of the
property at 8032 Northeast 2 Avenue from "CS" Civic Space Zone to "T6-
8-0" Urban Core Transect Zone — Open and "T5-0" Urban Center
Transect Zone — Open to "T6-8-0" Urban Core Transect Zone — Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On July 9, 2024,
recommended approval, by a vote of 9-0.
Note for the Record: Companion File ID 16430; PZAB File ID 15811
Linked to this Legislative File; ePlan PZ-22-15069
Districts Impacted: District 5
City of Miami Page 58 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
PZ.20 ORDINANCE First Reading
16432 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 1, TITLED
"DEFINITIONS," TO INTRODUCE A DEFINITION FOR GAME COURTS,
BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO
ALLOW ADDITIONAL FENCE AND WALL HEIGHT NECESSARY TO
ENCLOSE OUTDOOR LEISURE ACTIVITIES, AND BY AMENDING
ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO AMEND
THE MAXIMUM HEIGHT FOR WALLS AND FENCES RELATING TO
INFRASTRUCTURE AND UTILITIES USES; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Damian Pardo
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of
Miami
PURPOSE: Amendments to the City of Miami Zoning Code to allow
additional wall and fence height necessary to enclose game courts used
for playing basketball, tennis, paddleball, volleyball, or other similar
recreational activities and require a perimeter landscape buffer to mitigate
any visual or ambient effects. The amendments also clarify the maximum
height for walls and fences relating to infrastructure and utilities uses.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On July 17, 2024,
recommended approval, by a vote of 6-1.
Note for the Record: PZAB File ID 14162 Linked to this Legislative
File
Districts Impacted: All
END OF PLANNING AND ZONING ITEM(S)
City of Miami Page 59 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
FL - FUTURE LEGISLATION
Pursuant to Resolution R-23-0075, the full title of any amendment to the City of Miami Code, or
Text Amendment to the Miami 21 Code, sponsored or co -sponsored by the City Administration
shall be published in the "Future Legislation" section of the City Commission agenda for one (1)
regular City Commission meeting prior to placing the proposed amendment on a subsequent
City Commission agenda for First Reading. Items placed in the Future Legislation section
shall require no action from the City Commission.
The public may submit their comments to futurelegislation@miamigov.com Comments shall be
accepted through the period indicated under each Ordinance. Once the public comment period
has closed, said public comments shall be included as supporting documentation to the
legislation. The public comment period shall re -open for fifteen (15) days for additional public
comment after the proposed amendment is published after first reading.
(Under Florida law, e-mail addresses are public records. If you do not want your e-mail
address released in response to a public records request or published pursuant to
Resolution R-23-0075, do not send electronic mail to this entity. Instead, contact the City
Commission or City Administration by phone or in writing.)
F L.1
16581
Department of
Planning
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 35/ARTICLE VII OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("CITY CODE"), TITLED "TRANSPORTATION
TRUST FUND," MORE PARTICULARLY BY AMENDING SECTION 35-
254(C) OF THE CITY CODE TO ESTABLISH A PURCHASE PRICE OF
PARKING SPACES PAYABLE INTO THE TRANSPORTATION TRUST
FUND; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
Districts Impacted: All
City of Miami Page 60 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
F L.2
16433
Office of Zoning
ORDINANCE
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 1, SECTION 1.2, TITLED
"DEFINITIONS / DEFINITIONS OF TERMS," AND ARTICLE 7, TITLED
"PROCEDURES AND NONCONFORMITIES," TO PROVIDE FOR A BY -
RIGHT ADMINISTRATIVE SITE PLAN REVIEW ("ASPR") PROCESS
AND A SIMPLIFIED BUILDING PERMIT REVIEW PROCESS FOR
APPROVED ASPR, EXCEPTION, VARIANCE, WARRANT, AND
WAIVER APPLICATIONS; PROVIDING FOR TOLLING OF ZONING
APPROVALS DURING PENDENCY OF CERTAIN LITIGATION;
REPLACING THE TWO (2) YEAR TIME LIMITATION AND OPTIONAL
ONE (1) YEAR EXTENSION FOR OBTAINING BUILDING PERMIT OR
CERTIFICATE OF USE FOR AN EXCEPTION, VARIANCE, WARRANT,
WAIVER, OR ASPR WITH A THREE (3) YEAR TIME LIMITATION WITH
NO ADMINISTRATIVE EXTENSIONS; REVISING PHASED PROJECT
REQUIREMENTS AS TO APPROVAL BY PLANNING DIRECTOR AND
TO REDUCE PROPERTY SIZE LIMITATIONS; CLARIFYING
PREVIOUSLY ADOPTED FLOORPLATE LENGTH AND AREA WAIVER
PROHIBITIONS; PROVIDING FOR APPLICABILITY TO PRIOR
APPLICATIONS AND APPROVALS; MAKING FINDINGS AND
TECHNICAL CHANGES; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
Note for the Record: 60-day Public Comment: September 18 -
November 16, 2024;15-day Public Comment Period: November 22,
2024 - December 7, 2024; PZAB File ID 14162 Linked to this
Legislative File
Districts Impacted: All
City of Miami Page 61 Printed on 9/17/2024
City Commission
Meeting Agenda September 26, 2024
F L.3
16661
City Manager's Office
ORDINANCE
AN ORDINANCE OF THE MIAMI CITY COMMISSION, PURSUANT TO
RESOLUTION NO. R-24-0147 ADOPTED APRIL 25, 2024, AMENDING
CHAPTER 40/ARTICLE IV/DIVISION 3 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST" MORE
PARTICULARLY BY AMENDING SECTION 40-255 TITLED "BENEFITS"
TO INCLUDE A TWO -AND -A -HALF- PERCENT AND THREE -PERCENT
MULTIPLIER FOR THOSE HIRED ON OR AFTER OCTOBER 1, 2010,
BASED ON THE MIAMI GENERAL EMPLOYEES AMERICAN
FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES,
LOCAL 1907 COLLECTIVE BARGAINING AGREEMENT FOR
OCTOBER 1,2023, THROUGH SEPTEMBER 30, 2026, AND FURTHER
AMENDING CHAPTER 40/DIVISION 3 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/PENSION
AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES' RETIREMENT TRUST" TITLED
"DEFINITIONS" AND "BENEFITS" TO UPDATE THE CODE TO
COMPLY WITH EARLIER RATIFICATIONS OF COLLECTIVE
BARGAINING AGREEMENTS AND CODE CHANGES (R-24-0013,
ADOPTED 1/22/24; R-10-01093, ADOPTED 9/27/10 ; R-22-0340,
ADOPTED 9/13/22, R-22-0423, ADOPTED 10/27/22) AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
Districts Impacted:
END OF FUTURE LEGISLATION
City of Miami Page 62 Printed on 9/17/2024