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Home My WebLink AboutCC 1995-11-16 Marked AgendaMAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER STEPHEN P. CL...,K J.L. PLUMMER JR. MILLER J. DAWKINS VICTOR DE YURRE WIFREDO AVILLY) GORT CITY TANAGER CESAR H. 01310 MEETING DATE: NOVEMBER 16, 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. * * * * * * * At * * * IN * 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) Page 2 November 16, 1995 'HE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:30 PM rEM PZ 1 RESOLUTION - J-95-906(a) & 906(b) R-9 5-828 MOVED: GORT --QUEST . Referral of a Class II Special Permit SECONDED: DAWKINS ABSENT: CLARK JCATION : 3049-3053 S.W. 27th Avenue. PPLICANT(S): Renzo & Pasquale Renzi GENT(S) N/A. PPELLANT(S): N/A. GENT(S) N/A. ECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval with conditions.* PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A.. ZONING BOARD: N/A. Referral of a Class II Special Permit 95-2934 for the approval of a landscape plan in conjunction with the construction of a multifamily project in the SD-13 S.W. 27th Avenue Gateway District of the Coconut Grove area. *Conditions: 1) the depicted carrot wood trees should be replaced with native trees such as live oaks, mahoganies, gumbo limbos and green or silver buttonwood trees; 2) additional native vegetation should be accommodated toward the front of the property, facing S.W. 27th Avenue; said landscape should specifically be placed in a manner to discourage parking in the Swale area; and 3) the dumpster for the project should be of a sufficent size to accommodate the density of the complex and should be located so as to not be visible from the street and in a manner in which it can be serviced. ITEM PZ 2 RESOLUTION - [J-95-891(a) & J-95-891(b)] REQUEST Appeal' --of the Zoning Board's Decision LOCATION : 8425 Biscayne Boulevard APPLICANT(S): T.N.A. Palms Inc.(Owners)/BellSouth Mobility Inc.(Leasee) AGENT(S) Stephen J. Helfman, Esq. APPELLANT(S): BellSouth Mobility, Inc. AGENT(S) Stephen J. Helfman, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Denied the appeal and upheld the Zoning Administrator's decision of 8/22/95. VOTE: 4-4* Appeal of the Zoning Board's decision of October 2, 1995 which denied the appeal and upheld the Zoning Administrator's decision of August 22, 1995, per Article 18, Section 1800 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, regarding the construction and installation of a cellular communications facility in connection with Permit No. 95-0011597. *Motion to approve failed constituting a denial. Page 3 November 16, 195 CONTTNUED TO DFCFMBFR 7, 1995 Page 4 November 16, 1995 ITEM PZ 3 RESOLUTION - [J-95-922(a) & J-95-922(b)] REQUEST Special- Exception requiring City Commission Approval LOCATION : 4141 West Flagler Street APPLICANT(S): Omar Edward Balik.(Owner)/Burger King Corp.(Leasee). AGENT(S) Adrienne F. Pardo, Esq. APPELLANT(S): N/A. AGENT(S) . RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval with conditions 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 & subj. to conditions.* VOTE: 8-0. 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 establishment with a reduction of the reservoir spaces. Required eight (8) spaces before the service window, one (1) space at the service window and one (1) space after the service window. Proposed: three (3) spaces before the service window, one (1) space at the service window and one (1) space after the service window for an eating and drinking establisment; zoned C-1 Restricted Commercial. *Conditions: 1)that the restaurant maintain both drive through windows open during peak (12 noon to 1:30 p.m.) hours of restaurant operation, and 2) that if necessary, a facility employee will be made available to assist with traffic monitoring for the 12:30 to 1:00 p.m. peak traffic period. R-95-829 (GRANTF.D SIDECTAL F'.XCEPTTON ) MOVED: CAROLLO SECONDED: GORT ABSENT: CLARK THE FOLLOWING ITEMS'SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM PZ 4 FIRST=RfADING ORDINANCE - (J-95-918) REQUEST To Amend Chapter 35 of the City of Miami Code LOCATION : N/A. APPLICANT(S): City of Miami Community Planning and Revitalization Dept. 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 the Code of the City of Miami, as amended, by amending Chapter 35, entitled "Motor Vehicles and Traffic", by amending Article VIII, "Coconut Grove Parking Improvement Trust Fund", and Article IX "Silver Bluff Commercial Parking Improvement Trust Fund" to add provisions that will increase the monthly fee for a waived parking space according to the consumer price index (CPI), add a penalty for late payment of waiver fee, and charge interest on balances unpaid after thirty days. Page 5 November 16, 1995 FIRST READING ORDINANCE MOVED: DAWKINS SECONDED: CAROLLO ABSENT: CLARK Page 6 November 16, 1995 ITEM PZ 5 FIRST READING ORDINANCE - (J-95-904) FIRST RFADTNG ORDTNANCE REQUEST To Amef-d Zoning Ordinance No. 11000 Text MOVED: DAWKINS SECONDED: CORT ABSENT: CLARK LOCATION : Coconut Grove Central Commercial District, South Bayshore Drive Overlay District and Silver Bluff Commercial Overlay District. APPLICANT(S): City of Miami Community Planning and Revitalization Dept. 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 No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 6, Section 602. SD-2 Coconut Grove Central Commercial District; Section 617. SD-17 South Bay shore Drive Overlay District; and Section 621. SD-21 Silver Bluff Commercial Overlay District, by adding a provision causing a waiver of required offstreet parking to be revoked for non-payment of required fees, or when the structure on the property is demolished; and further providing that new development or additions to existing development, or any building square footage added by any means, shall not be eligible for a waiver of required offstreet parking. i Page 7 November 16, 1995 ITEM PZ 6 RESOLUTION - (J-95-708) REQUEST Evaluation Appraisal Report of the Miami Comprehensive Neighborhood Plan 1989-2000 LOCATION : N/A. APPLICANT(S): City of Miami Community Planning and Revitalization Dept. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval with conditions.* PLANNING ADVISORY BOARD: Approval in principle. VOTE: 7-0 HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of recommending approval in principle to the City Commission, of the Evaluation and Appraisal Report of the Miami Comprehensive Neighborhood Plan 1989-2000. *Conditions: Subject to suggestions made by the Planning Advisory Board on October 18, 1995 and additional amendments approved by the Board on November 1, 1995. R-95-830 MOVED: DAWKTNS SFCONDFD: CAROLED ABSFNT: CLARK