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HomeMy WebLinkAboutCC 1995-05-01 Marked AgendaMAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER STEPHEI` CLARK I.L. PLUMMER IR. MILLER 1• DAWKINS VICTOR DE YURRE WIFREDO (WILLY) GORT Y MANAGER CESAR H. ODIO CITY COMMISSION AGENDA MEETING DATE: APRIL 27, 1995 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. PLANNING & ZONING CITY COMMISSION MEETING * * THIS MEETING SHALL CONVENE AT 4:30 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. 87 -115) FOR ADOPTED LEGISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERIC'S REPORT, ATTACHED HERETO. APRIL 27, 1995 PART B - PUBLIC HEARINGS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:30 PM ITEM PZ 1 RESOLUTION - [J-95-147(a) & J-95-147(b)] REQUEST Special Exception Requiring City Commission Approval LOCATION : 250 N.W. South River Drive. APPLICANT(S): The Salvation Army, Owner/Northwest Dade Center, Inc.,Buyer. AGENT(S) A. Vicky Leiva, Esq. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Granted for 12 months in which a C.U. must be obtained subj. to CC approval. VOTE: 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 9, Section 934, Community Based Residential Facilities, Subsection 934.3, Certificate of Use not Transferable, to allow a change of ownership of Certificate of Use No. 105341. NOTES: CONTINUED ON CC 3/27/95 TO CC 4/27/95. R-95-334 (DENIED SPECIAL EXCEPTION) MOVED ' : DE YURRE SECONDED : GORT UNANIMOUS & PAGE 3 APRIL 27, 1995 ITEM PZ 2 RESOLUTION - (J-95-305(a) & J-95-305(b)] REQUEST Appeal of the Zoning Board's Decision LOCATION : 749 N.W. 5th Avenue. APPLICANT(S): Robert F. Oden, Trustee. AGENT(S) : Adrienne F. Pardo, Esq., Agent APPELLANT(S): Overtown Advisory Board. AGENT(S) : Donald F. Benjamin, Chairman. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval based on study (see backup). PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Granted for 12 months in which a bldg. permit must be obtained. VOTE: 7-0. Appeal of a Special Exception granted by the Zoning Board. The Zoning Board granted the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of D4strict Regulations, C-1 Restricted Commercial, Conditional*Principal Uses, for a transmission tower in connection with a cellular communication site. 'ONTTNITFT) RY M-95-335 MOVED PLUMMER SECONDED DAWKINS UNANIMOUS PAGE 4 APRIL 27, 1995 ITEM PZ 3 RESOLUTION - [J-95-299(a) & J-95-299(b)] REQUEST : Appeal of the Zoning Board's Decision LOCATION : 820 N.W. 35th Court. APPLICANT(S): Amor Esther Erice, Owner. AGENT(S) : N/A. APPELLANT(S): Amor Esther Erice, Owner. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial of application and appeal. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Motion to approve failed constituting a denial. VOTE: 4-3. Appeal of the Zoning Board's motion to grant the Variances which failed by a vote of 4-3 constituting a denial. The Zoning Board denied the Variances from 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 north side yard setback of 0'-2" (5'-0" required) for an existing aluminum carport, a north side yard setback of 3'-0" (5'-0" required) and a west rear yard setback of 2'-0" (10'-0" required) to permit an existing aluminum shed. R-95-336 (AS MODIFIED) MOVED PLUMMER SECONDED GORT UNANIMOUS PAGE 5 APRIL 27, 1995 ITEM PZ 4 FIRST READING ORDINANCE - (J-95-327) REQUEST To Amend Ordinance No. 11000, from R-2 Two -Family Residential to 0 Office, to change the Zoning Atlas LOCATION : 2728 S.W. 12th Street. APPLICANT(S): Francisco T. Valdes, Owner. AGENT(S) : N/A. APPELLANT(S): N/A. AGENT(S) N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Recommended for approval to City Commission. VOTE: 6-0. Consideration of amending the Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2 Two -Family Residential to 0 Office. FIRST READING MOVED PLUMMER SECONDED CLARK NAYS GORT ITEM PZ 5 FIRST READING ORDINANCE - (J-95-240) REQUEST To Amend Ordinance No. 10544, from Restricted Commercial to General Commercial, to change the Future Land Use Element of the Comprehensive Plan J LOCATION Approximately 5600-5664 West Flagler Street. i i APPLICANT(S): Joseph and Karen Lawrence, Owners. AGENT(S) : Gary A. Levinson, Esq. APPELLANT(S): N/A. I AGENT(S) N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval of application. PLANNING ADVISORY BOARD: Motion to approve failed constituting a denial. VOTE: 4-3. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: (See PZ-6). Consideration of amending Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan 1969-2000, Future Land Use Map, by changing the land use designation from Restricted Commercial to General Commercial. NOTES: THIS IS A COMPANION ITEM TO PZ-6. PAGE 6 APRIL 27, 1995 FIRST READING ,AS MODIFIED) 1OVED PLUMMER 'ECONDED GORT JNANIMOUS PAGE 7 APRIL 27, 1995 ITEM PZ 6 FIRST READING ORDINANCE - (J-95-324) REQUE-T To Amend Ordinance No. 11000, from C-1 Restricted Commercial to C-2 Liberal Commercial, to change the Zoning Atlas LOCATION : 5600-5664 West Flagler Street. APPLICANT(S): Joseph and Karen Lawrence, Owners. AGENT(S) : Gary A. Levinson, Esq. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS* PLANNING, BLDG & ZONING: Approval with a condition.* PLANNING ADVISORY BOARD: (See PZ-5). HISTORIC PRESERVATION Br �D: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Recommended for approval to City Commission with the condition below. VOTE: 7-0. Consideration of amending the Zoning Atlas of Or nance No. 11000, as amended, the Zoning Ordinance of the C..y of Miami, Article 4, Section 401, Schedule of District Regulations, from C-1 Restricted Commercial to C-2 Liberal Commercial. *CONDITION: THIS CHANGE OF ZONING WAS APPROVED WITH'THE CONDITION THAT A ONE FOOT (1'-0") STRIP ALONG THE SOUTHERLY SIDE PROPERTY LINE REMAINS C-1. NOTES: THIS IS A COMPANION ITEM TO PZ-5. FIRST READING (AS MODIFIED) MOVED PLUMMER SECONDED GORT UNANIMOUS PAGE 8 APRIL 27, 1995 I PZ 7 FIRST READING ORDINANCE - W-95-314) REQUE To Amend Ordinance No. 10544, from Medium Density Residential to Restricted Commercial, to change the Future Land Use Element of the Comprehensive Plan LOCATION proximately 615 N.E. 62nd Street and 620 N.E. 63 Street. APPLICANT(S): James\Denial. -Ching Fu Shen, Owners. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) N/A. RECOMMENDATIONS: PLANNING, BLDG & ZO PLANNING ADVISORY B VOTE: 9-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: (See PZ-8). Consideration of amending Ordinance No. 10544, as ended, the Miami Comprehensive Neighborhood Plan 1989-2000, Fu re Land Use Map, by changing the land use designation at appr imately 615 N.E. 62nd Street and 620 N.E. 63rd Street from Med� Density Residential to Restricted Commercial. NOTES: THIS IS A COMPANION ITEM TO PZ-8. DENIED BY M-95-337 MOVED GORT SECONDED PLUMMER UNANIMOUS PAGE 9 APRIL 27, 1995 IT PZ 6 FIRST READING ORDINANCE - (J-95-254) REQUES To Amend Ordinance No. 11000, from R-3 Multifamily Residential to C-1 Restricted Commercial and SD-9 Biscayne Boulevard North Overlay District, to change the Zoning Atlas LOCATION : 61'5, N.E. 62nd Street and 620 N.E. 63rd Street. APPLICANT(S): James Yeo\Approval. Ching Fu Shen, Owners. AGENT(S) : N/A. APPELLANT(S): N/A. AGENTS) N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONINPLANNING ADVISORY BOAR HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Recommended denial to City Commiss' n. VOTE: 6-1. Consideration of amending the Zoning Atlas of Ordinan No. 11000,"as amended, the Zoning Ordinance of the City of iami, Article 4, Section 401, Schedule of District Regulations, from R-3 Multifamily Medium Density Residential to C-1 Restrict Commercial and SD-9 Biscayne Boulevard North Overlay Distric NOTES: THIS IS A COMPANION ITEM TO PZ-7. DENIED BY M-95-338 KOVED, : GORT SECONDED PLUMMER JNANIMOUS ITEM PZ 9 RESOLUTION - [J-95-332(a) & J-95-332(b)] REQUEST : Appeal of the Zoning Board's Decision LOCATION : 3060 Orange Street. APPLICANT(S): Luis Dominguez and Ken Rampone for Central Grove Prop., Inc. APPELLANT(S): Gerald C. Marston & Carlos Rodriguez. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Deny appeal and approve the application with conditions.* PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Approval With modifications. (see cover memo) VOTE: 1-0. Appeal of a Special Exception granted by the Zoning Board. The Zoning Board granted the 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, R-2 Two -Family Residential, Conditional Principal Uses, for lots with more than five thousand (5,000) square feet, to allow one (1) additional dwelling unit for each additional two thousand five hundred (2,500) square feet of lot area, for two lots with a net lot area of 22,960 square feet. *CONDITIONS: 1) THAT THE PROPERTY BE REPLATTED; 2) THAT THE SPACE BETWEEN STRUCTURES BE NO LESS THAN 10 FEET (INSTEAD OF THE APPROXIMATELY 8 FEET PROPOSED); 3) THAT THE AREA BETWEEN THE PROPOSED STRUCTURES ALONG THE SOUTHERN BOUNDARY OF THE PROPERTY BE HEAVILY LANDSCAPED; 4) THAT A MINIMUM OF 2 ADDITIONAL VISITOR PARKING SPACES BE ACCOMODATED ON SITE; 5) THAT A SIX FOOT C.B.S. WALL BE PROVIDED ALONG THE PERIMETER OF THE SITE; AND 6) THAT A NEW SITE PLAN WITH THE ABOVE DESCRIBED MODIFICATIONS BE SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING DIV. PRIOR TO THE ISSUANCE of BUILDING PERMITS. PAGE 10 APRIL 27, 1995 CONTINUED BY M-95-339 MOVED CLARK SECONDED GORT UNANIMOUS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 10 SECOND READING ORDINANCE - (J-94-997) RFn11EST To Amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 8-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami by amending Article 4, Section 401, Schedule of District Regulations, to prohibit the placement of unattended donation collection bins within all zoning districts; and to amend Article 25 to provide a . definition for "donation collection bin". NOTES: PASSED FIRST READING ON CC 3/27/95. MOVED BY: DAWKINS, SECONDED BY: GORT, NO: PLUMMER, ABSENT: DE YURRE. I IRDINANCE 11255 [OVED : GORT IECONDED DE YURRE PAYS PLUMMER PAGE 12 APRIL 27, 1995 ITEM PZ 11 SECOND READING ORDINANCE - (J-95-216) REQUEST : To Amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Denial. VOTE: 8-1. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending, Article 4, Section 401, Schedule of District Regulations, to amend the R-1 Single Family and R-2 Two Family Residential Districts in order to allow child daycare centers with a capacity of more than 20 children by Special Exception only; and by amending Article 9, Section 936 to modify certain general child daycare center requirements. NOTES: PASSED FIRST READING ON CC 3/27/95. MOVED BY: PLUMMER, SECONDED BY: GORT, ABSENT: DE YURRE. ORDINANCE 11256 MOVED DE YURRE SECONDED GORT NAYS PLUMMER AND DAWKINS PAGE 13 APRIL 27, 1995 ITEM PZ 12 SECOND READING ORDINANCE - (J-95-215) REQUEST To Amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building and Zoning Department., AGENT(S) : N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 1-2. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending the text of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of (Miami, by amending Section 401, "Schedule of,District Regulations % G/I Government and Institutional Zoning District, by modifying sign regulations. NOTES: PASSED FIRST READING ON CC 3/27/95. MOVED BY: PLUMMER, SECONDED BY: GORT, ABSENT: DE YURRE. ORDINANCE 11257 MOVED : PLUMMER SECONDED: GORT UNANIMOUS 0 PAGE 14 APRIL 27, 1995 ITEM PZ 13 SECOND READING ORDINANCE - (J-95-217) REQUEST : To Amend Zoning Ordinance No. 11000 Text LOCATION : SD-9 Biscayne Boulevard North Overlay District. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 9-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending the text of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Section 609, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT", by modifying regulations pertaining to demolition permits, chain link fences and signage, and prohibiting health clinics, pool halls, billard parlors and game rooms. 0 NOTES: PASSED FIRST READING ON CC 3/27/95. MOVED BY: DAWKINS, SECONDED BY: GORT, ABSENT: DE YURRE. ORDINANCE 11258 MOVED : PLUMMER SECONDED: GORT UNANIMOUS As;- PAGE 15 APRIL 27, 1995 ITEM PZ 14 FIRST READING ORDINANCE - (J-95-241) REQUEST To Amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 9-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Articles 4, 9 and 25 of Zoning Ordinance 11000 in order to allow Container Yards as Conditional Principal Uses in the I Industrial Zoning District by Special Exception Permit and to provide for a definition. FIRST READING MOVED : DE YURRE SECONDED: PLUMMER UNANIMOUS PAGE 16 APRIL 27, 1995 ITEM PZ 15 FIRST READING ORDINANCE - (J-95-242) FIRST READING MOVED : GORT REQUEST : To Amend Zoning Ordinance No. 11000 Text SECONDED: pLUMMER UNANIMOUS LOCATION : SD-8 Design Plaza Commercial Residential District. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: _ PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 9-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Articles 6 and 25 of Zoning Ordinance 11000 in order to allow Outdoor Photographic Stage Sets in the SD-8 Design Plaza Commercial Residential District by Class II Special Permit and providing for a'definition for said use. ��ar, PACE17 APRIL 27, 1995 ITEM PZ 16 FIRST READING ORDINANCE - (J-95-244) REQUEST To Amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building and Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 9-0. HISTORIC PRESERVATION BOARD:'N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Articles 4, 9 and 25 of Zoning Ordinance 11000 in order to add and clarify language regarding accessory -structures, calculation of building heights, permissible uses in C-2 districts and parking maneuvers within residential districts. FIRST READING MOVED : DE YURRE SECONDED: DAWKINS JNANI-MOUS 9s.