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HomeMy WebLinkAboutCC 1996-11-21 Marked Agenda�i MAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER JOE ' �')LLO WIFREDO (WILLY) GORT RICHARD P. DUNN (I )1, PLUMMER )R, TOMAS REGALADO * IMC OI!'OIII 0 MANAGER EDWARD MARQUEZ CITY COMMISSION AGENDA MEETING DATE: NOVEMBER 21,1996 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID AMENDED ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. ANY PERSON MAKING IMPERTINENT OF SLANDEROUS REMARKS OR WHO BECOMES BOISTEROUS WHILE ADDRESSING THE COMMISSION, SHALL BE BARRED FROM FURTHER AUDIENCE BEFORE THE COMMISSION BY THE PRESIDING OFFICER, UNLESS PERMISSION TO CONTINUE OR AGAIN ADDRESS THE COMMISSION BE GRANTED BY THE MAJORITY VOTE OF THE COMMISSION MEMBERS PRESENT, 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. PLANNING & ZONING CITY COMMISSION MEETING * THIS MEETING SHALL CONVENE A T 2:00 PM * THIS PRINTED AGENDA IS DISTRIBUTED AT LEAST FIVE DAYS BEFORE THE MEETING AND THE MATERIAL IN CONNECTION WITH EACH ITEM APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL. - ANY PERSON WHO SEEKS TO ADDRESS THE CITY COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA", "PUBLIC HEARINGS", OR "PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF HIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER 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 THE CITY COMMISSION MEETING. * * * * * * Should any person desire to appeal any decision of the Miami City Commission with respect to any matter 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 Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 97-116) ` NOVEMBER 21, 1996 PART B PAGE 2 p' THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 2:00 PM ! ITEM PZ 1 RESOLUTION J-96-493 a & J-96-493 CONTINUED BY M-96-881 REQUEST: Appeal of a Zoning Board's Decision. MOVED: PLUMMIER SECONDED: REGALADO LOCATION: 3201 Aviation Avenue. ABSENT: CAROLLO APPLICANT(S): Daniel & Brigitte Kavanaugh. APPLICANTS) AGENT: N/A. APPELLANT(S): Robert V. Fitzsimmons, Esq. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: I Community Planning & Revitalization Department: Denial of appeal & approval of request with conditions.* Building & Zoning Department: N/A. j Public Works Department' N/A. Plat & Street Committee: N/A. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Granted for twelve (12) months in which a building permit must be obtained & subject to conditions.* Vote of 8-1. Appeal of a Zoning Board's decision of May 6, 1996, which granted a Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, Conditional Principal Uses, to permit a conversion of a sixteen (16) unit apartment building to a rooming/lodging house containing sixteen (16) lodging units; zoned R-3 Multifamily Medium -Density Residential. *See supporting documentation for conditions. NOTES: CONTINUED FROM CC 6/27/96. j 0 ITEM PZ 2 RESOLUTION (J-96-1206) REQUEST: Modification of Unity of Title. LOCATION: 77 N.W. 36 Street. APPLICANT(S): Luciano Cacciamanni for C.C.G. Properties Inc. 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: N/A. Zoning Board: N/A. Consideration of a request for Modification to a Unity of Title recorded in the public record of Dade County on April 7, 1989, in O.R. book 14062 at page 3007 to release lot 15 block 10, Princess Park from a certain Unity of Title which combines lots 13, 14, and 15, Block 10 of Princess Park, (6-87). NOVEKBER 21, 1996 PAGE 3 R-96-882 MOVED: PLUMMER SECONDED: HERNANDEZ ABSENT: CAROLLO [A ITEM PZ 3 RESOLUTION - [J-96-1147(a) & J-96-1147(b)j REQUEST: Special Exception requiring City Commission Approval. LOCATION: 1900 Brickell Avenue. APPLICANT(S): J. James Donnellan, III. APPLICANT(S) 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 Board: N/A. Planning Advisory Board: N/A. Zoning Board: Recommended for denial to City Commission. Vote of 6-3. 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. NOTES: CONTINUED FROM CC 10/24/96. NOVEMBER 21, 1996 PAGE 4 CONTINUED BY M-96-883 MOVED: PLUMMER SECONDED: HERNANDEZ ABSENT: CAROLLO & REGALADO G 0- ITEM PZ 4 FIRST READING ORDINANCE - (J-96-394) NOVEMBER 21, 1996 PAGE 5 A 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. `Tote of 6-0. Zoning Board: NIA. 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 JULY 25,1996, MOVED BY: GORT, SECONDED BY PLUMAMR, UNANIMOUSLY. ADMINISTRATION IS REQUESTING FIRST READING AGAIN DUE TO CHANGES. FIRST READING ORDINANCE (AS MODIFIED) MOVED: PLUMMER SECONDED: HERNANDEZ ABSENT: REGALADO M-96-885 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMEER ITEM PZ 5 REQUEST: LOCATION: APPLICANT(S): FIRST READING ORDINANCE - (J-96-392) To Amend Ordinance No. 11000 Text. SD-17 South Bayshore Drive Overlay District. 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 7-1. Zoning Board: N/A. Consideration of amending the Zoning Ordinance by amending Article 6, Section 617, SD-17 South Bayshore Drive Overlay District, in order to provide for development bonuses, as intended by the district, for the portion of the district bounded by McFarlane Road, South Bayshore Drive, Mary Street and portions of Grand Avenue. NOVEMBER 21, 1996 PAGE 6 CONTINUED BY M-96-884 MOVED: HERNANDEZ SECONDED: GORT ABSENT: PLUMMER & REGALADO ITEM PZ 6 FIRST READING ORDINANCE - (J-96-1150) REQUEST: To Amend Section 62-62 of the Code of the City of Miami. i 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: i 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 62, Article VI "Zoning and Planning Fees", of the Miami City. Code, as amended, by amending Section 62-62, in order to clarify appeal procedures pertaining to the deadline for payment of the appeal fee. NOVMEBER 21, 1996 PAGE 7 FIRST READING ORDINANCE MOVED: GORT SECONDED: HERNANDEZ ABSENT: PLLJIvMR 1i ITEM PZ 7 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 7-0. 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. NOTES: CONTINUED FROM CC 10/24/96. NOVEMBER 21, 1996 PAGE 8 FIRST READING ORDINANCE MOVED: GORT SECONDED: HERNANDEZ ABSENT: PLUMMER M-96-886 MOVED: GORT SECONDED: HERNANDEZ ABSENT: PLUMMER r ITEM PZ 8 FIRST READING ORDINANCE - (J-96-1116) REQUEST: To Amend Chapter 4 of the Code of the City of Miami. 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. 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 I Commission. Vote of 7-0. Zoning Board: N/A. 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 Commercial -Residential District. NOTES: CONTINUED FROM CC 10/24/96. NOVEMBER 21, 1996 PAGE 9 FIRST READING ORDINANCE MOVED: GORT SECONDED: HERNANADEZ ABSENT: PLUMMER M-96-886 MOVED: GORT SECONDED: HERNANDEZ ABSENT: PLUMMER THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:00 PM ITEM PZ 9 RESOLUTION - [J-96-457(a) & J-96-457(b)] REQUEST: Appeal of a Zoning Board's Decision. LOCATION: 1840 S. Bayshore Lane. APPLICANT(S): Robert Tenzer. APPLICANTS) AGENT: A. Vicky Leiva, Esq. APPELLANT(S): Robert Tenzer. APPELLANT(S) AGENT: A. Vicky Leiva, Esq. RECOMMENDATIONS: Community Planning & Revitalization Department: Approval of appeal and variance as modified. Building & Zoning Department: N/A. Public Works Department: N/A. Plat & Street Committee: The plat of "Tenzer Subdivision" has been corrected & recorded on 3/20/96. Historic Preservation Board: N/A. Planning Advisory Board: N/A. Zoning Board: Motion to grant failed constituting a denial. Vote of 4-1. Appeal of a Zoning Board's decision of April 22, 1996, which denied a Variance form 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, Permitted Principal Uses, to permit a structure with the height of 29'-8" (25'-0" maximum allowed); zoned R-1 Single -Family Residential. NOTES: CONTINUED FROM CC 6/27/96. NOVEMBER 21, 1996 PAGE 10 CONTINUED BY M-96-884 MOVED: HERNANDEZ SECONDED: GORT ABSENT: PLUMMER & REGALADO NOVEMBER 21, 1996 PAGE 11 THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 10 SECOND 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. APPLICANTS) 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 7-0. 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: PASSED FIRST READING ON OCTOBER 24, 1996, MOVED BY: PLUMMER, SECONDED BY: DUNN. UNANIMOUSLY. THIS IS A COMPANION ITEM TO PZ-11. CONTINUED BY M-96-884 MOVED: HERNANDEZ SECONDED: GORT ABSENT: PLUM ER & REGALADO • ITEM PZ 11 SECOND READING ORDINANCE - (J-96-431) REQUEST: To Amend Zoning Ordinance No. 11000, from R-1 Single Family Residential to SD-2 Coconut Grove Central Commercial District, to Change the Zoning Atlas. 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 7-0. Change of Zoning as fasted in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-1 Single -Family Residential SD-2 Coconut Grove Central Commercial District. NOTE: PASSED FIRST READING ON 10/24/96, MOVED BY: PLUMMER, SECONDED BY: DUNN. UNANIMOUSLY. THIS IS A COMPANION ITEM TO PZ-10. NOVEMBER 21, 1996 PAGE 12 CONTINUED BY M-96-884 MOVED: HERNANDEZ SECONDED: GORT ABSENT: PLUMMER & REGALA O Al ITEM PZ 12 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. APPLICANTS) AGENT: N/A. APPELLANT(S): N/A. APPELLANT(S) AGENT: N/A. i -1 0WiJut-UT 0 W111%6Corif,T 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 CC 10/ 24/96. NOVEMBER 21, 1996 PAGE 13 FIRST READING ORDINANCE MOVED: GORT SECONDED: HERNANDEZ ABSENT: PLUMMER THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM ITEM PZ 13 SECOND READING ORDINANCE - (J-96-666) REQUEST: To Amend Ordinance No. 11000 Text. 1 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. i Public Works Department: NIA. 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 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. NOTES: PASSED FIRST READING ON OCTOBER 30, 1996, MOVED BY : GORT, SECONDED BY: PLUMMER, ABSENT: REGALADO. NOVEMBER 21, 1996 PAGE 14 ORDINANCE 1.1.41.4 (AS MODIFIED) MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMER [A ITEM PZ 14 SECOND READING ORDINANCE - (J-96-665) REQUEST: To Amend Chapter 35 of the Code of the City of Miami. 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 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, 35-1929 35-193 and 35-194 of the City Residential. NOTES: PASSED FIRST READING ON OCTOBER 30, 1996, MOVED BY: PLUM MI; , SECONDED BY: GORT, ABSENT: REGALADO. NOVEMBER 21. 1996 PAGE 15 ORDINANCE 1.1.41.5 MOVED: GORT SECONDED: REGALADO ABSENT: PLUMMER I4 _ NOVEMBER 21, 1996 PAGE 16 ITEM PZ 15 RESOLUTION - [J-96-407(a) & J-96-407(b)) REQUEST: Appeal of a Zoning Board's Decision. CONTINUED BY M-96-884 LOCATION: 2900 S.W. 4`h Avenue. MOVED: HERNANDEz SECONDED: GORT 1 ABSENT: PLUMMER & APPLICANT(S): Lazaro & Maria Albo. REGALADO APPLICANTS) AGENT: N/A. APPELLANT(S): Lazaro Albo. APPELLANT(S) AGENT: N/A. RECOMMENDATIONS: Community Planning & Revitalization Department: Denial of appeal and variances. 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: Recommended for denial. Vote of 5-1. { Appeal of Zoning Board's decision of April 22,1996, which denied variances form 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, Permitted Principal Uses, to permit two structures along S.W. 0 Avenue with proposed side street setbacks of 5'-8" and X-8" r respectively (15'-0" required) according to Article 25, Section 2502, Specific i Definitions, to add a garage and a porte-cochere to an existing single-family residence; zoned R-1 Single Family Residential. NOTES: CONTINUED FROM CC 6/27/96.