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HomeMy WebLinkAboutCC 1996-10-24 Marked Agenda1i MAYOR )OE CARO,. /,�• CITY Mr• GER MERRETT R. STIERHEIM - �. �,� _` E'OR ADOPTED LEGISLATION NOT APPEARING AS PRf VICE MAYOR WIEREDO (WILLY) GORT jj1 * * 1 y ly c n p� n Y REFER O T ,1' IMCOpP IIA11E0 .,1 �J!- 4-ms i"� N-Erf Af,;Q'440-k. 1 'f �.T A`l i'. F' 1� TO 11'1 COMMISSIONER I�1CI It\RI) I . DUNN II , / p eA ,: CITY '.d_� ?@?, r°O)t�T Al TAf HED HERE-10., COM,10ISSIONER LL. I LUMMER IR. COMMISSIONER IOMA5 REGALADO ': �O• { A• I N AGENIA R,, , 3 'tour i.. MEETING DATE: OCTOBER 24, 1996 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED, GE N RALLY I,�'QUIR itJL_{*:1C i?SONS APPEARING IN A PA;.[J (-)R REMUNERATED f � TI��E; C:AP;�CI fY BEFORE: CITY STAFF, BOARDS, COf 3MIT1 EES" fNNID THE CITY C OIAMIS�,'ION TO REr1L'TER wrm THE C11TY CLL AK BE-T.ORF ENGAGING IN L_Or>BYINIG ACTIVITIES. A CCafTI' (N) SAID AMENDED ORDINAN E I`. rWAILABLE I i THE OFFICE OF THE CITY CLERK, CITY MALL. ANY PERSON A'fAKING IMPER71AIENT OF SLANDEROUS REMARKS OR 37W BECOAIES BOISTEROUS W81LE ADDRESSING, HF CO7NAW SS&W, SHALL BE BAhlix-!) FRC%' PIAI; ANEW AUDIENCE 6EF0;?E THE COM14ISSION BY THE PRESIDING omcr--.g, UNj ESS r0 CONTI"NLIf C t' „GAIN ADDRESS T{; C,CAW,4'SY[ON BE GRANTED BY THE MAJORITY VOrE Cif' M ' Cl:;1111:ISSWN MFIn.6E;'S iJRES NT. NO OLAPPINt, APFLAUVING, HECKLING OR VERBAL 0U7H ,5'STS IN SUPPORT OR OPPOSITION TO A SPEAKER OR HIS OR HER REMARKS SHALL BE PERMIJ`If1�: �'JiJ �;hS.h�S OR I';!AC.aRDS ,S;'i-':L� PE At!:�i�'.�"C.� ;r ,- COIl7�y;ISSION CHAMSERS. PERSONS EXITING THE dOMNIS610ff CHAi1,f -R SHAf I. DC "'C. C? !=4'f :'. Y. PLAWNINc� Z-0NJ`�G ;iTy C(_Nllk MI"Q K, lyiEETiNG T�14,, -7 M& TIAIC Sh , 1'. CON 11AE I-ATs:0.111N THIS PRINTED AGENDA IS DIS"'RIBUTEO, AT LEAST ;�fVF DAYS BEFORE THE MEETING AND THE MATERIAL IN CONNECTION WITH' E:440111 ITEM f,P F•J'-.RiNG OP THE !AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CI1Y CLERK IN CITY HALO.. ANY PERSON WHO SEEKS TO AbDRESS 1-Iilu CI'.--( f:-OM► USSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "GONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS IN�,FITED TO 00 SO bleb 3HALL AS SCOW AS POSSIBLE INFORM THE CITY CLERK OF HISIHER DESIRE TO SPEAK, CItlINC °IHE CITY CLERK HISIHER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE MICROPHONE AND WAIT TO BE RECOGNIZED BY THE MAYOR WHO PRESIDES OVER 'I HE CITY COMMISSION MEETING. Should any person desire to appeal any decision of the Miami City Commission with respect to any mdtter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. the City Commission has established a policy that the lunch recess will begin at the conclusion of deliberations of the agenda item being considered at Noon; further, that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87.115) �i PART "A" NON -PLANNING & ZONING ITEMS BEGINNING AT 9:00 AM: ITEMS 1 THROUGH 15 BEGINNING AT 6:00 PM: ITEM 16 PART "B" PLANNING & ZONING ITEMS BEGINNING AT 2:00 PM: ITEMS PZ-1 THROUGH PZ-6 BEGINNING AT 4:00 PM: ITEMS PZ-9 THROUGH PZ-10 BEGINNING AT 5:00 PM: ITEMS PZ-11 THROUGH PZ-13 BEGINNING AT 6:00 PM: ITEMS PZ-14 THROUGH PZ-16 9:00 AM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS & PROCLAMATIONS �— COMMISSION DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Commission Discussion item. 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; accordingly, no member of the public may address the City Commission during this time. 1. REPORTS FROM THE CITY MANAGER 1 A. DISCUSSION CONCERNING THE NOMINATION OF AN INDIVIDUAL TO SERVE ON THE PERFORMING ARTS CENTER TRUST (PACT). (This item was deferred from the meeting of October 10,1996.) PAGE 2 OCTOBER 24 1996 DELIVERED SEE SUPPLEMENTAL AGENDA NI-9 -771 MOVED: REGALADO SECONDED: DUNN UNANIMOUS R-96-772 MOVED: PLUMMER SECONDED: DUNN UNANIMOUS R-96-773 MOVED: PLUMMER SECONDED: DUNN UNANIMOUS R-96-774 MOVED: DUNN SECONDED: GORT UNANIMOUS M-96-775 MOVED: CAROLLO SECONDED: REGALADO UNANIMOUS . . R-96-776 MOVED: DUNN SECONDED: GORT UNANIMOUS W COMMISSION DISCUSSION CONrD 2. AS PER VICE -MAYOR GORT'S REQUEST, DISCUSSION CONCERNING THE FORMATION OF A BUILDING & ZONING COMMITTEE. (This item was deferred from the meeting of October 10,1996.) 3. DISCUSSION CONCERNING THE FUTURE USE OF THE CITY - OWNED FACILITY LOCATED AT 141 N.W. 27TH AVENUE, MIAMI, FLORIDA, FORMERLY KNOWN AS FIRE STATION #14. 4. 5. DISCUSSION CONCERNING WYNWOOD FOREIGN TRADE ZONE LIEN CERTIFICATE. PUBLIC HEARING RESOLUTION - (J-96.586) - (AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS) AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A UNIFIED DEVELOPMENT PROJECT ("UDP"), CONSISTING OF THE DEVELOPMENT OF A BOAT YARD FACILITY AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES ON APPROXIMATELY 6.6 ACRES OF CITY -OWNED WATERFRONT PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FLORIDA, AND INCLUDING AS AN OPTION FOR FUTURE DEVELOPMENT, AN ADDITIONAL 21.448 ACRES OF CITY -OWNED WATERFRONT PROPERTY KNOWN AS THE RICKENBACKER MARINA, LOCATED AT 3301 RICKENBACKER CAUSEWAY, FOR MARINA, BOAT YARD AND OPTIONAL ANCILLARY MARINE -RELATED RETAIL, FOOD SERVICE AND RECREATIONAL USES; APPOINTING MEMBERS TO A REVIEW COMMITTEE AND SELECTING A CERTIFIED PUBLIC ACCOUNTING ("CPA") FIRM TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE CITY MANAGER; AND FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SELECTED CPA FIRM, FOR THE EVALUATION OF SAID RFPS. (This item was continued from the meetings of September 26, and October 10,1996.) PAGE 3 OCTOBER 24 1996 M-96-779 MOVED: GORT SECONDED: REGALADO UNANIMOUS DISCUSSED R-96-780 MOVED: GORT SECONDED: DUNN UNANIMOUS DISCUSSED PERSONAL APPEARANCES NOTE: Legislation may result from City Commission consideration of any Personal Appearance. 6. MR. NELSON E. WIDELL, EXECUTIVE VICE PRESIDENT OF THE I BEDMINSTER BIOCONVERSION CORPORATION AND MR. ROGER E. TUTTLE, PRESIDENT OF THE COMPOST AMERICA HOLDING COMPANY, INC., TO ADDRESS THE COMMISSION TO DISCUSS THE TERM OF ITS AGREEMENT WITH BEDMINSTER. (This item was deferred from the meeting of October 10, 1996.) ADMINISTRATION RECOMMENDATION: TO BE DISCUSSED 7. MR. BRUCE WILSON, CO.OWNER OF TAURUS TO ADDRESS THE COMMISSION REGARDING PERMITS TO PLACE A FOUR OR FIVE PIECE BAND ON TWO PARKING SPACES IMMEDIATELY ADJACENT TO THE PROPERTY LINE IN FRONT OF THE FACILITY. (This item was deferred from the meeting of October 10, 1996.) ADMINISTRATION RECOMMENDATION: DENIAL 8. REPRESENTATIVE(S) FROM CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION, TO ADDRESS THE COMMISSION REGARDING APPROVAL TO HOST AMUSEMENT RIDES AS A PROMOTIONAL EVENT FROM OCTOBER 25 THRU NOVEMBER 3, 1996. (This item was deferred from the meeting of October 10, 1996.) ADMINISTRATION RECOMMENDATION: APPROVAL WITH CONDITIONS 9. WITHDRAWN 10. MR. W. TUCKER GIBBS TO ADDRESS THE COMMISSION REGARDING THE VILLAGE COUNCIL APPOINTMENTS TO THE COCONUT GROVE PARKING COMMITTEE. ADMINISTRATION RECOMMENDATION: APPROVAL PAGE 4 OCTOBER 24 1996 M-96-782 MOVED: CAROLLO SECONDED: DUNN ABSENT: PLUMMER ' A t ionuh absent during roli call COMM. PLUMMER requested of the Clerk to he shOwn as 0aing in agreement with the notion. M-96-783 MOVED: PLUMMER SECONDED: GORT UNANIMOUS R-96-784 MOVED: GORT SECONDED: DUNN UNANIMOUS R-96-785 MOVED: GORT SECONDED: DUNN UNANIMOUS ORDINANCES -EMERGENCY 11. EMERGENCY ORDINANCE - (J-96.1137) (415THS VOTE) (NOTE: This item is being presented on an emergency measure on the grounds of the necessity of the City of Miami to make the required and necessary payments to its employees and officers, payments of its debts, necessary and required purchases of goods and supplies, and to generally carry on the functions and duties of municipal affairs.) AMENDING ORDINANCE NO. 11339, ADOPTED FEBRUARY 29TH, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED "GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM;" AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $178,136, FROM METROPOLITAN DADE COUNTY, AND TO EXECUTE ANY NECESSARY DOCUMENTS TO ACCEPT SAID GRANT; FURTHER AUTHORIZING A $59,379 (25%) REQUIRED MATCH BY THE CITY OF MIAMI AND ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, FOR A TOTAL OF $237,515; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. (This item was deferred from the meeting of October 10, 1996.) 12. EMERGENCY ORDINANCE - (J-96.1154) (415THS VOTE) (NOTE: This item is being presented on an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami.) AMENDING CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCE NO. 9332, AS AMENDED, BY EXTENDING THE TERM OF SAID AGREEMENT, AS SET FORTH IN SECTION 202 (a) OF THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA, AND MIAMI TELE- COMMUNICATIONS, INC. FOR A PERIOD OF THREE MONTHS, FROM NOVEMBER 18, 1996 TO FEBRUARY 18, 1997; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. t PAGE 5 OCTOBER 24 1996 EMERGENCY ORDINANCE 11409 MOVED: PLUMMER SECONDED: GORT UNANIMOUS CONTINUED TO OCTOBER 30, 1996 RESOLUTIONS CITY'S NET PROGRAM 13. RESOLUTION - (J-96.1155) - (AUTHORIZING AN INCREASE) AUTHORIZING AN INCREASE, IN AN AMOUNT NOT TO EXCEED $59,182, IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND VENECON, INC., (HISPANIC/LOCAL VENDOR: MR. OSCAR BUSTAMANTE, PRESIDENT) THEREBY INCREASING SAID CONTRACT FROM $252,031 TO $311,213 FOR THE CAPITAL IMPROVEMENTS PROJECT ENTITLED "OVERTOWN SHOPPING CENTER RENOVATIONS"; ALLOCATING FUNDS THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN AN AMOUNT NOT TO EXCEED $18,000, AND AS PREVIOUSLY APPROPRIATED PURSUANT TO CAPITAL IMPROVEMENT ORDINANCE NO. 11337, PROJECT NO. 322059, IN AN AMOUNT NOT TO EXCEED $41,182. (This item was deferred from the meeting of October 10,1996.) 14. RESOLUTION - (J-96.1156) - (AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS) AUTHORIZING THE ISSUANCE OF A REQUEST FOR PROPOSALS ("RFP"), IN SUBSTANTIALLY THE ATTACHED FORM, FORT NOT -FOR -PROFIT ORGANIZATIONS THAT OWN AFFORDABLE RENTAL HOUSING UNITS, TO SUBMIT PROPOSALS FOR THE USE OF FUNDS FROM THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM, FOR OPERATING EXPENSES, INCLUDING RESIDENT SUPPORT SERVICES, FOR INDEPENDENT LIVING, LOW INCOME, PERSONS LIVING WITH HIV/AIDS; APPOINTING FIVE (5) MEMBERS TO THE HOPWA RFP REVIEW COMMITTEE TO EVALUATE PROPOSALS AND MAKE RECOMMENDATIONS THEREON, TO THE CITY COMMISSION; ALLOCATING FUNDS THEREFOR FROM THE 1995 HOPWA PROGRAM FUNDING. PAGE 6 OCTOBER 24 1996 R-96-799 MOVED: DUNN SECONDED: GORT ABSENT: REGALADO i 4 R-96-798 MOVED: PLUMMER SECONDED: GORT ABSENT: REGALADO I. r i B E 1 f: I 1 j. S li RESOLUTIONS CONT'D DEPARTMENT OF FIRE -RESCUE 15. RESOLUTION - (J-96.1148) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT) 15 A. AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DOWNTOWN MANAGEMENT CORPORATION, INC., FOR THE CITY'S LEASE OF A BUILDING LOCATED AT 158 NORTHEAST 8TH STREET, MIAMI, FLORIDA, FOR USE BY THE OFFICE OF HOMELESS PROGRAMS, SAID LEASE TO BE FOR A PERIOD OF ONE (1) YEAR, WITH AN OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, AT A MONTHLY RENT OF $1,600 FOR THE INITIAL TERM AND THE FIRST EXTENSION, AND A MONTHLY RENT OF $1,800 FOR ANY ADDITIONAL EXTENSIONS; ALLOCATING FUNDS THEREFOR FROM MONIES RECEIVED PURSUANT TO A UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MODEL CITY INITIATIVES GRANT AWARDED TO THE CITY OF MIAMI. DEPARTMENT OF POLICE RESOLUTION - (J-96.1158) - (ACCEPTING PROPOSALS) ACCEPTING THE PROPOSALS OF CERTAIN TOWING AGENCIES, FOR ZONES AS DESIGNATED HEREIN, FOR THE FURNISHING OF TOWING AND WRECKER SERVICES CITYWIDE, ON A CONTRACT BASIS FOR AN INITIAL THREE (3) YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL, ONE (1) YEAR PERIODS; AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EACH INDIVIDUAL TOWING AGENCY FOR THESE SERVICES. PAGE 7 OCTOBER 24 1996 R-96-788 (AS MODIFIED)�� MOVED: PLUMMER SECONDED: GORT UNANIMOUS CONTINUED TO OCTOBER 30, 1996 AT t 9 A.M. RESOLUTIONS CONrD 6:00 PM: DEPARTMENT OF LAW 16. RESOLUTION - (J-96.512) - (RESCINDING RESOLUTION NO. 94.453) RESCINDING RESOLUTION NO. 94.453, ADOPTED JUNE 30, 1994, IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF, THE HEREIN RESOLUTION, THEREBY APPROVING THE PLAT ENTITLED "OAK SHADOW", A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN. ON SAID PLAT; AUTHORIZING AND DIRECTING THE CIT`( MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (This item was deferred from the meetings of July 25, September 12, and September 26, 1996.) PAGE 8 OCTOBER 24 1996 R-96-793 MOVED: PLUMMER SECONDED: DUNN ABSENT: REGALADO NAYS: CAROLLO s j i t F i y i i i i f { i i S F I j e i P' S } i '?ART B y. THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 2:00 PM ITEM PZ 1 RESOLUTION (J-96-1149) REQUEST: To Adopt a Report LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Pending action of 10/16/96. Zoning Board: N/A. Consideration of endorsing resolution to adopt the report entitled "Sufficiency issues with responses by the City of Miami, including revisions in response to the Department of Community Affairs letter of September 13, 1993, as a supplement to the evaluation and appraisal report on the Miami Comprehensive Neighborhood Plan 1989-2000." PAGE 9 OCTOBER 24, 1996 R-96-796 MOVED: PLUMMER SECONDED: GORT ABSENT: REGALADO ITEM PZ 2 SECOND READING ORDINANCE - (J-96-538) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANTS) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 7-0. Zoning Board: N/A. Consideration of amending the Zoning Ordinance No. 11000 by amending Sections 401 and 2502, and adding a new section, 945, inclusively, to codify new regulations pertaining to "Pharmaceutical Laboratories." NOTES: PASSED FIRST READING ON JULY 25, 1996, MOVED BY: GORT, SECONDED BY: PLUMMER, NAYS: DAWKINS. CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996. ITEM PZ 3 FIRST READING ORDINANCE - (J-96-394) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: SD-20 Edgewater Overlay District. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 6-0. Zoning Board: N/A. Consideration of amending the Zoning Ordinance No. 11000 by amending Article 6, Section 620, SD-20 Edgewater Overlay District, in order to add ground floor office uses as a Conditional Principal Use of high density residential projects by Class H Special Permit and to provide for new parking requirements for said uses. NOTES: PASSED FIRST READING ON DULY 25, 1996, MOVED BY: GORT, SECONDED BY PLUMMER UNANIMOUSLY. ADMINISTRATION IS REQUESTING FIRST READING AGAIN DUE TO CHANGES. PAGE 11 OCTOBER-24, 1996 WITHDRAWN ITEM PZ A FIRST READING ORDINANCE - (J-96-1117) REQUEST: To Amend Article 9, Section 910 of Zoning Ordinance 11000 LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 7 to 0. Zoning Board: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 9, Section 910, "Unity of Title" to clarify and correct certain provisions pertaining to release procedures. PAGE 13 OCTOBER 24, 1996 I ITEM PZ 5 FIRST READING ORDINANCE - (J-96-1116) CONTINUED REQUEST: To Amend Chapter 4 of the Code of the City } of Miami, Florida LOCATION: SD-8 Design Plaza Commercial -Residential District. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. a APPELLANT(S) c AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. j Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 7 to 0. Zoning Board: N/A. i Consideration of amending Chapter 4 of the Code of the City of Miami, Florida, as amended, entitled "Alcoholic beverages", by amending the distance requirements within the SD-8 Design Plaza G Commercial -Residential District. { s I is h t [i ITEM PZ 6 REQUEST: LOCATION: APPLICANT(S): APPLICANTS) RESOLUTION - (J-96-1045) Modification of Declaration of Restrictive Covenants 2947-49 S.W. 22nd Terrace. Raul and Madelaine M. Galindo. AGENT: Robert Ader, Esq. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. Community Planning & Revitalization Department: See supporting documentation. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: N/A. Consideration of a request for modification to a declaration of Restrictive Covenants recorded in the public record of Dade County on September 28, 1992 to eliminate the requirement of building a concrete block wail to the west to separate the Radio Mambi parking lot from the duplex which is being used by Latin America Cafeteria as an office and storage facility. NOTES: ON APRIL 30, 1992, THE CITY COMMISSION PASSED ORDINANCE NO. 10974 WHICH GRANTED A CHANGE OF ZONING FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTIVE COMMERCIAL CONDITIONED ON THE ABOVE DECLARATION OF RESTRICTIVE COVENANTS. PAGE 14 OCTOBER 24, 1996 R-96-789 MOVED: PLUMMER SECONDED: GORT UNANIMOUS 1-i ITEM PZ 7 RESOLUTION - [J-96-1146(a) & J-96-1146(b)] REQUEST: Appeal of a Zoning Board's Decision LOCATION: 2205 S.W. 28 Street. APPLICANT(S): Gustavo Sidelnick. APPLICANT(S) AGENT: N/A. APPELLANT(S): Caroline L. Morrison Paul Markunas APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval of appeal reversing the Zoning Board decision thereby denying the Variance. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: NT/A. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Granted for twelve months in which a building permit must be obtained. Vote 6 to 3. Appeal of a Zoning Board's decision of September 9, 1996 which granted a Variance as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-1 Single -]Family Residential, to permit a structure with a rear setback of 5'-0" (20'-0" required) with credit for 10'-0" adjacent 20'-0" alley. Thus, requiring a variance of 5'-0" for an addition to a single family residence. PAGE 15 OCTOBER 24, 1996 APPEAL GRANTED R-96-790 MOVED: PLUMMER SECONDED: GORT UNANIMOUS i i j I i j ITEM PZ 8 RESOLUTION - [J-96-1147(a) & 3-96-1147(b)) REQUEST: Special Exception requiring City Commission Approval LOCATION: 1900 Brickell Avenue. APPLICANT(S): J, James Donnellan, III. APPLICANTS) AGENT: Lucia A. Dougherty, Esq. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval with Conditions. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Hoard: N/A. Planning Advisory Board: N/A. Zoning Board: Recommended for denial to City Commission. Vote of 6to3. Special Exception requiring City Commission approval as listed in Ordinance No. 11000, as amended the Zoning Ordinance of the City of Miami, Article 4, Section 401, R-3 Multifamily Medium -Density Residential, Conditional Principal Uses, to permit a health clinic (Medical Office). *Conditions: 1) The proposed facility shall be limited to outpatients only with no overnight stay; 2) The proposed facility shall be limited to plastic surgery only; any change of the type of practice shall be subject to the review and approval by the Zoning Board. PAGE 16 OCTOBER-24, 1996 CONTINUED BY M-96-791 MOVED: GORT SECONDED: DUNN UNANIMOUS i i i `4 ' 1i 1 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:00 PM ITEM PZ 9 FIRST READING ORDINANCE - (J-96- 658) REQUEST: To Amend Ordinance No. 10544, from Restricted Commercial to General Commercial, to change the Future Land Use Element of the Comprehensive Plan LOCATION: Approximately 301 to 583 and 300 to 598 N.W. 54`' Street. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: NIA. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 8-0. Zoning Board: N/A, Consideration of amending the City of Miami Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation of the property located at approximately 301 to 583 and 300 to 598 N.W. 541h Street, from "Restricted Commercial" to "General Commercial." NOTES: THIS IS A COMPANION ITEM TO PZ-10. CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996 PAGE 17 OCTOBER 24, 1996 FIRST READING ORDINANCE MOVED: PLUMMER SECONDED: DUNN ABSENT: REGALADO t s } i i t s r ITEM PZ 10 FIRST READING ORDINANCE - (J-96- 659) REQUEST To Amend Ordinance No. 11000, from C-1 Restricted Commercial to C-2 Liberal Commercial, to change the Zoning Atlas. LOCATION: Approximately 301 to 583 and 300 to 598 N.W. 54h Street. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning &t Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat &t Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 8-0. Zoning Board: N/A. Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from C-1 Restricted Commercial to C-2 Liberal Commercial. NOTES: THIS IS A COMPANION ITEM TO PZ-9. CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996. PAGE 18 OCTOBER 24, 1996 FIRST READING ORDINANCE MOVED: PLUMMER SECONDED: GORT ABSENT: REGALADO & PLUMMER �Ithough absc��tt �!tr..�iroil c:ai! i. COMM. PLUMMER tiaeSTai7.rij F i Iva tcj bP ti�I(twh wit) Li THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 11 FIRST READING ORDINANCE - (J-96-431) REQUEST: To Amend Ordinance No. 10544, from Single Family Residential to Restricted Commercial, to change the Future Land Use Element of the Comprehensive Plan LOCATION: 3240 Florida Avenue. APPLICANT(S): Thomas G. Sherman, Esq. for Farmer's Market at Coconut Grove. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for denial to City Commission. Vote of 8 to 0. Zoning Board: Recommended for denial to City Commission. Vote of 7 to 0. Consideration of amending the City of Miami Future Land Use Map of the Comprehensive Neighborhood Plan by changing the land use designation of the property located at approximately 3240 Florida Avenue, from "Single Family Residential" to "Restricted Commercial. NOTE: CONTINUED FROM CITY COMMISSION OF JUNE 27, 1996. THIS IS A COMPANION ITEM TO PZ-12. PAGE 19 OCTOBER 24, 1996 FIRST READING ORDINANCE MOVED: PLUMMER SECONDED: DUNN UNANIMOUS "\ ITEM Pz 12 FIRST READING ORDINANCE - (J-96-431) REQUEST: To Amend zoning Ordinance No. 11000, from R• I Single -Family Residential to SD-2 Coconut Urove (ventral Commercial District, to Change the Zoning Atlas. LOCATION: 3240 Florida Avenue. APPLIC.'ANT(S): Thomas 0. Sherman, Esq, for Farmer's Market at Coconut Grove. APPLICANT(S) AGENT: NIA. APPFLLANT(S): N/A, APPELLANT(S) AGENT: NIA, RECOMMENDATIONS; Cunuounity Planning & Revitalization Department: Denial. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. llistw ie Preservation Board: NIA. Planning Advisory Board: Recommended for denial to City Commission, Vote of 6 to 0. Zoning Board: Rccommended for denial to City Commission. Vote of 7 to 0. Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from IR-1 Single -Family Residential to SD-2 Coconut Grove Central Cnmrnercial District. NOTE: TiliS IS A COMPANION ITEM TO P2'-11. CONTINUED FROM CITY COM MISSION OF DUNE 27,1996. FAUE 20 OCPOBER 24, 1996 FIRST READING ORDINANCE MOVED: PLUMMER SECONDED: DUNN UNANIMOUS Ei ITEM PZ 13 FIRST READING ORDINANCE - (J-96-660) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT (S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 7-1. Zoning Board: N/A. Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Articles 9 and 25 by introducing new Section 916 Interim Parking, in order to allow unimproved and partially improved lots in the City to be utilized conditionally for accessory parking purposes and to codify applicable standards to regulate their location and mode of operation; and by amending Section 2502 in order to provide a definition for "Interim Parking." NOTES: CONTINUED FROM CITE' COMMISSION OF SEPTEMBER 26, 1996. �i PAGE 22 ` OCTOBER 24, 1996 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM ITEM PZ 14 RESOLUTION - [J-96-259(a) & J-96- (b)l DENIED BY R-96-794 REQUEST: Special Exception requiring Cit ommission MOVED: DUNN Approval SECONDED: PLUMMER ABSENT: REGALADO LOCATION: 2200 South Dixie ' , way. APPLICANT(S): Tri-W Inve ent Co. of Dade County (Owner)/ J.P. O' ill for Bank Atlantic (Buyer). APPLICANT(S): AGENT: Stephen J. Helfman, Esq. for Bank Atlantic/ k Lucia A. Dougherty, Esq. for Tri-W Investment Co. APPELLA (S): N/A. AP LANT(S) ENT: N/A. i RECOMMENDATIONS: Community Planning & Revitalization Department: Approval with conditions.* Building & Zoning Department: N/A. Public Works Department: No comments. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Granted for twelve (12) months & subject to the conditions* of the Department of Community Planning & Revitalization. Vote of 5-0, Special Exception requiring City Commission approval, as listed in ; Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, O Office, to allow a financial drive-thru facility; zoned O Office, SD-19 Designated F.A.R. Overlay District and SD-3 Coconut Grove Major Streets Overlay District.; *Conditions: 1) That a 6' C.B.S. wall, finished on both sides, be erected along F both the south and the west property lines; 2) That the access along 22"d Avenue' be relocated as far south as possible to minimize potential traffic conflicts on that p intersection; 3) That there be no egress on 22"d Avenue and 4) That the applicant meet with the Department of Community Planning & Revitalization in an effort to; arrive at optional queuing strategies which would bring the proposal in compliance with the reservoir space criteria in the Zoning Ordinance. NOTES: THIS IS A COMPANION ITEM TO PZ-15. CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996. t. 1' r ITEM PZ 15 REQUEST: LOCATION: APPLICANT(S): APPLICANT(S) AGENT: APPELLAIY,X5) AP LANT(S) ENT: RECOMMENDATIONS: R�,�OLUTION - [J-96-260(a) & J-96-26t!', Special Exception requiring City Co fission Approval 2200 South Dixie Tri-W Invests t Co. of Dade County (Owner)/ J.P. O'N ' or Bank Atlantic (Buyer). Stephen J. Helfman, Esq. for Bank Atlantic/ Lucia A. Dougherty, Esq. for Tri-W Investment Co. N/A. N/A. Community Planning & Revitalization Department: Approval with conditions.* Building & Zoning Department: N/A. Public Works Department: No comments. Plat & Street Committee: NIA. Historic Preservation Board: N/A. Planning Advisory Board: N/A,. Zoning Board: Granted for twelve (12) months & subject to the conditions* of the Department of Community Planning & Revitalization. Vote of 5-0. Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 931.2 Requirements for reservoir spaces, to allow a drive-thru for a financial institution with a reduction of said spaces. Required (1" lane): 10 spaces after the service window. Proposed: 7 spaces after the service window. Required (2"d lane): 8 spaces after the service window. Proposed: 7 spaces after the service window. Required (3rd lane): 6 spaces after the service window. Proposed: 7 spaces after the service window. Required (4"' lane): 5 spaces after the service window. Proposed: 6 spaces after the service window. *Conditions: 1) That a 6' C.B.S. wall, finished on both sides, be erected along both the south and the west property lines; 2) That the access along 22"d Avenue be relocated as far south as possible to minimize potential traffic conflicts on that intersection; 3) That there be no egress on 22"d Avenue and 4) That the applicant meet with the Department of Convnunity Planning & Revitalization in an effort to arrive at optional queuing strategies which would bring the proposal in compliance with the reservoir space criteria in the Zoning Ordinance. NOTES: THIS IS A COMPANION ITEM TO PZ-14. CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996. PAGE 23 OCTOBER 24, 1996 DENIED BY R-96-795 MOVED: DUN14 SECONDED: PLUMMIER ABSENT: REGALADO ITEM PZ 16 FIRST READING ORDINANCE - (J-96-666) REQUEST: To Amend Ordinance No. 11000 Text LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: j Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Forks Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City i Commission. Vote of 8-0. Zoning Board: N/A. Consideration of amending the Zoning Ordinance No. 11000 by amending Article 6, Section 602 in order to restructure the parking regulations for the SD-2 Coconut Grove Central Commercial District. I ITEM PZ 17 FIRST READING ORDINANCE - (J-96-665) REQUEST: To Amend Chapter 35 of the City of Miami Code LOCATION: N/A. APPLICANT(S): City of Miami Community Planning & Revitalization Department. APPLICANT(S) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for approval to City Commission. Vote of 8-0. Zoning Board: N/A. Consideration of amending Chapter 35 of the Code of the City of Miami, Florida, as amended, entitled: "Motor Vehicles and Traffic," by amending Article VIH, "Coconut Grove Parking Improvements Trust Fund," to delete the Director of the Off Street Parking Department as an ex -office non -voting member of the Parking Advisory Committee; to redefine the scope of expenditures of the Coconut Grove Parking Trust Fund and to restructure the schedule of fees and charges, more specifically by amending Sections 35-191, 35-192, 35-193 and 35- 194 of the City Code. NOTES: CONTINUED FROM CITY COMMISSION OF SEPTEMBER 26, 1996. ITEM PZ 18 FIRST READING ORDINANCE - (J-96-255) REQUEST: To Amend Chapter 35 of the City of Miami Code LOCATION: N/A. APPLICANT(s): City of Miami Community Planning & Revitalization Department. APPLICANT(s) AGENT: N/A. APPELLANT(s): N/A. APPELLANT(s) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: Recommended for denial to City Commission. Vote of 6-1. Zoning Board: N/A. Consideration of amending the Code of the City of Miami, as amended, by amending Chapter 35 entitled "Motor Vehicles and Traffic," Article VHL "Coconut Grove Parking Improvements Trust Fund," by increasing the Coconut Grove Parking Trust Fund bank of available parking spaces to one thousand one hundred seventy (1170) parking spaces from which to draw. NOTES: CONTINUED FROM CITE' COMMISSION OF SEPTEMBER 26, 1996. Supplemental agenda PRESENTATIONS October 24, 1996. Presented Proclamation to: Michel Lubin Day. For his efforts and contributions to the enhancement of Miami's economy. I F Presented Proclamation to: Mr. Jimmy Ellison Day. For his commitment towards the well-being of our youth. i Presented Scroll of Friendship to: Msgr. Agustin Roman. For his efforts and contributions in furthering international relations and the advancement of s peace. Presented Commendation to: Officer Jorge Castello. For having been selected as the Most Outstanding Officer of the Month for September 1996 ` j Li