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Home My WebLink AboutCC 1994-02-24 Marked Agenda,..,.: MAYOR STEPHEN P. BARK `�� O CITY M.,,,,,r0ER CESAR H. ODIO VICE .MAYOR MILLER). DAWKINS COMMISSIONER , VICTOR DE YURRE *� i u COMMISSIONER WIFREDO (WILLY) GORT a IYetu ►ttt„t �t) COMMISSIONER J.L. PLUMMER JR.CIT-Y COMMiISSION I S AGENDA, C MEETINCi DATE: FEBRUARY 24, 1994 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 f 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 A Z0N`ING 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 ofdeliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) FOR ADOPTED I.EQISLATION NOT APPEARING AS PART OF THIS PRINTED AGENDA, KINDLY F:FER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. 'PART "A": NON -PLANNING & ZONING ITEMS BEGINNING AT.4:30 PM: ITEMS 1 THROUGH 7 PART "B":PLANNING &'ZONING ITEMS BEGINNING .AFTER'4:30 PM: ITEMS PZ-I THROUGH-PZ-6. BEGINNING 'AFTER'5iO0 PM: ITEMS PZ-7 THROUGH PZ-12 { PART A_. f f 4:30 - PM' INVOCATIQN AND PLEDGE OF ALLEGIANCE A. j,. 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 City Personnel is needed or expected while the City Commission is considering any matter in thin portion of the Agenda; accordingly, no member `of the public may ;address the City Commission ' dur�ng.this time. 1. As per Vice Mayor Dawkins' request, Mr. Ra Faunt6roy of the Southern Christian Lea ers Con erence SCLC to discuss t eCitv is appreciation or,'citizens invo vement in the pranatter:=o Back :sto�an Blac ea ers. R --�-COMMISSION DISCUSSION ITEMS CONT!D' 2. As per Vice Mayor Dawkins's request, discussion re ardin `how the funds allocated on the . t Commission meet n of October 21 1993 to ..the Street= Narcotic: Unit, -and Push out the ushers POP Unit.were::use .an t e; resu is rom . e use of these total o ars or theA ast three months as;Anstructed by the City,Commission. 3. Discussion regarding thnwood Communit Economic Development, Corporation WCEDC and the wynwooT Foreign -Trade Zone> WFTZ . ORDINANCES -.FIRST-READING NOTE: Any proposed ordinancelisted as an item for first reading in tfiis:'section may be 'adopted --as_ an emergency measure, upon being so determined•by,the- City commission. oe 40 FIRST READING ORDINANCE ' for the holdinq of a special municipal, election n o Miami Florida.. on•the ` next available Dade Coun with to the issuance o 28 000 000 Police Prevention Facilities Bonds. 5. FIRST READING ORDINANCE NOTE: 'Law Dept. horizing the issuance, subject to the election combined both er rovided for o 28 000 000 Police Agenda No:•4.and Hea u ers and Crime Prevention Facilities Bondi Agenda No'. 5 into o e C� o Miami F ors a or the pur ose o one instrument.: a in the bast of, police an crime revent an See adopted First facilities in a City of Miami Florida e Reading. ordinance "City' ,; includin the renovation of the Police in Clerk's 'report Headquarters Buildin nd acquisition of property (attached hereto) adjacent thereto, the w isition and installation of cemauuiication and c uter equipment and facilities, the provision facilities for training, property storage (storing and safeguarding impounded vehicl weapons, instruments and records, and materi held' as evidence) and other police purposes. d the acquisition of any necessary land :and her equipment, providing for the levy and collect i of ad valorem taxes to pay such bonds: SEE FIRST READING ORDINANCE IN CITY CLERK'S REPORT. (ATTACHED HERETO) MOVED GORT SECONDED: DAWKINS ABSENT DE YURRE PAGE 4 ORDINANCES -FIRST READING CONT'D FE VARY 24, -1994 6. FIRST READING'ORDINANCE' for the -holdV . of .a s ecial munici al t e ' e ect� on le," it F or, a on ount :E ectlon° wit -_res ect next avai a e re to t e issuance o 2 00;F re F� tin Fi Prevention an Rescue Face �ti s• SEE FIRST=READING`ORDINANC IN CITY CLERK'S REPORT. (ATTACHED HERETO) MOVED GORT 7• FIRST READING ORDINANCE SECONDED: PLUMMER., A horizin the issuance,;sub'ect to the election ABSENT :' DE YURRE 4,.NOTE: Law.Dept' rovided for of 2 000 000 Fire Fi tin t.. combned.both agenda 6' and er Fire P ention an Rescue Face sties Bon s o the the purpose o paying agenda 7 into one' F on a, or City ° �' Fire Prevention and the cost >o ire Fighting, instrument. See `adopted first Rescue Faciliti in the City of Miami, including of Fire Stations ,and . reading ordinance construction and i ovement Facilities, acquisi n� modification and in Clerk's report (attached hereto) refurbishment of Res Apparatus,, nd Fire mputer, acquisition and nstallas' Communication and Management I ation Systems, improvement of Fire Training Facfl acquisition Medical or modification of Fire, Rescue, Emer. and Safety Equipment, and the acquisiti of: any •` necessary; land and other equipment, provide for of ad valorem taxes to the levy and collection such bonds. PART B PUBLIC HEARINGS THE;FoLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4-30 PM ITEM PZ 1; RESOLUTION [J-93-733(a) 4 J-93-733(b)J REQUEST Appeal of Zoning Board's Decision LOCATION 1825 N. Biscayne Blvd./320 HE 19 Street i i APPLICANT(S): Isaac Shih for Miami Chinese Community Center (am*rr ) AGENT(S) Lucia A. Dougherty, Esq. APPELLANT(S): Dade Heritage Trust, Inc. AGENTS) N/A RECOMMENDATIONS: PLANNING,.BLDG-& ZONING: Approval of the appeal by the Dade -Heritage Trust, Inc. PLANNINGADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT b STREET COMMITTEE: N/A ZONING BOARDS Granted appeal by Applicant 8 reversed Zoning Administrator's decision. VOTE Appeal upon reconsideration of the decision of the Zoning Board that reversed the Zoning Administrator's decision. The Zoning Board granted the appeal and reversed-t a March 22, 1993 deciiion of. the Zoning Administrator, r inance No. 11000. as amended, the Zoning Ordinance of the City of Miami, Article 18. Section 1800, revoking the building permits No. 92-0006757, No. 92-0006758,'No. '* 00067Z1, No. 92-0020432 and No. 93-5004911, resulting from t^e failure of applicAnt to meet the conditions established on the recorded covenant!. dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 PRDC and December 14, 1992 as recorded in book 15761 at page 2913 PRDC. NOTES: MOTION 93-595 OF CC 9/27/93 TO RECONSIDER THE VOTE PREVIOUSLY TAKEN ON RES. 93.393 OF CC 6/29/93. CONTINUED FROM CC`10/21/93, 11/23/93, AND 1/27/94. f f. PAGE 5 FEBRUARY 241 1994 APPEAL GRANTED R-94-128 (AS MODIFIED) MOVED DAWKINS SECONDED: GORT UNANIMOUS ° GE 6 pABRUARY FE 24j,1994 3. ITEM PZ 2 SECOND READING ORDINANCE - (J-93-814)" _ REQUEST '_ To amend Ordinance No. 10544, from Residential Restricted Commercial, to change the ORDINANCE : 11123. OVED DE YURRE Duplex to •. Land Use Element of the Comprehensive Plan SECONDED : DAWKINS ,Future NANIMOUS LOCATION 3710.12 S.N. 26th Terrace A ILCANT(S): M. & A. W'. Liggio & L. G. Hoyos AGENTS) : Lazaro Milton, Agent for Almany Group, Inc. APPELLANTS): N/A AGENTS) N/A ;RECOMMENDATIONS: PLANNING..BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: Genial. HISTORIC PRESERVATION BOARD: -N/A & STREET, COMMITTEE: N/A .PLAT ZONING'BOARD: See PZ1 3. ideration of an ordinance amending the Future Land Use Map Consensive amendchangingthe Mtheilandp of Ordinance No. 10544, as use 'Nei hborhood Plan 1989.20001by Restricted Commercial "designation °from Residential Duplex to NOTES: PASSED:ON FIRST READING CC_1/271941 MOVED BY: PLUMMER, UNANIMOUS. THIS I5 A COMPANION ITEM TO SECONDED BY: DE YURRE, PO* _ _ Xv PAGE 7 - FEBRUARY 244, 1994 ITEM PZ 3 SECOND READING ORDINANCE - W-93-887) REQUEST To amend Ordinance.No.:11000, "from" R-2 Two Fami 1y ORDINANCE 12124 _ ,..'Residential to C-1'Restricted Coerciai to ...' MOVED GORT change he Zoning Atlas SECONDED: DAWKINS . UNANIMOUS • LOCATION : 3710-12 S.W. 26th Terrace APPLICANT(S): M. & A. W. Liggio 8 L. G. Hoyos" AGENT(S) Lazaro Milton, Agent for Almany Group, Inc: APPELLANT(S): N/A AGENT(5) N/A RECOMMENDATIONS: PLANNING, -BLDG_& ZONING: Denial. PLANNING ADVISORY' BOARD: See PZ-2. HISTORIC PRESERVATION BOARD: N/A PLAT 4 STREET COMMITTEE: N/A ZONING BOARD: Recommended for approval to City Commission. . - VOTE: 5-2 Change of zoning classification as listed in the Official Zoning Atlas of Ordinance No. 11000,.as annded,'the ;Zoning Ordinance of the City of Miami, Florida ,;Article`'4, Saction `4011 Schedule of District Regulations; fro' R-2 Tao'Family, Restdentsal to C-1 Restricted Commercial. NOTES: PASSED ON FIRkT'READING CC 1/27/94. MOVED BY: DE YURRE, SECONDED BY: PLUMMER', UNANIMOUS. THIS IS A COMPANION ITEM TO f� m HISTORIC PREbEKVAIIUR DVMKui "Im pZ.S. MNING.80ARD: e PLAT & STREET COMMITTEE: N/A PAGE 8 FEBRUARY 24, 1994 ORDINANCE 111'25 MOVED` , : PtUMMER SECONDED: DAWKINS UNANIMOUS PAGE 9 FEBRUARY 24, 1994. ITEM.-0Z 5 SECOND READING ORDINANCE - (J-94-17) To'amendREQUEST. Ordinance No. 11000, from R-2 Two Family Residential to G/I Government and Institutional s LOCATION z1103' 3 1135 SW 34 Avenue; 3300, 3314 8 3338 SW 11 a 1120 SW 33 Avenue ORDINANCE 11126 MOVED PLUMMER' Street and 1112 SECONDED • GORT, UNANIMOUS APPLICANT(S)e �loodlawn Park Cemetery Co. Fla.,Corp. AGENTS) Samuel E. Poole, Esq. APPELLANT(S): N/A AGENT(S) ' RECOMMENDATIONS: 'PLANNING, BLDG 3 ZONING: Approval. PLANNING ADVISORYBOARD: See PZ-4. HISTORIC PRESERVATION BOARD: N/A PLAT 6 STREET COMMITTEE: N/A ZONING BOARDS Recortmended for approval to City Commission. VOTE' s 1-0 the ail Change of zoning classification as listed in Offic -Zoning-Atlas of Ordinance No 11000;'as',amended� the Zoning Ordinance, of the City of Miami, Florida, Article 4;"Section 401;`Schedule of District Regulations,.from'R-2 Two Family _ Residential to G/I Government and :Institutional. NOTES: PASSED ON FIRSf READING CC 1/27/94. MOVED 6Y DE YURRE, -SECONDED BY: PLUMMERI .UNANIMOUS. THIS IS A COMPANION'ITEM TO - PZ-4. el PAGE 10 FEBRUARY 24, 1994 ITEM PZ " 6 RESOLUTION - [J-94-77(a) & J-94-77(b)] . t REQUEST Appeal of the Zoning Board's. Decision APPEAL DENIED R-94-129 (AS MODIFIED) MOVED PLUMMER SECONDED:'GORT LOCATION '2415 NN 4; Street _ - UNANIMOUS APPLICANT(S): 'Lorenzo, Catalina and Yolanda Guzman AGENT(S), _ s N/A APPELLANT(S): James 'D. Dunkel AGENT(S) N/A RECOMMENDATIONS: ! PLANNING, BLDG & ZONING: Approval of appeal; denial of application. PLANNING. ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: NIA PLAT & STREET;COMMITTEE: N/A ZONING BOARD: Granted for 12 mo. in which a bldg. permit must be obtained, subj. to, conditions. VOTE *-:9-0 Appeal the Variances granted by the Zoning Board. The Zoning -'of Board granted 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 an existing rear yardsetback (north side) of 1'-6"(20'-0" . req'd.), an existing side yard setback (east side) of l'-6".(5'-0" req'd.)-, an existing sistl,, armsetback (west side) of 1 O"(5'-0" req'd.), an existing front yard setback (south side).of 19.35'(20':-0" req'd.), a green space area of 200 sq. ft. 1111.5 sq. ft req'd.), a building footprint of 4411 sq. ft..(59%) where 2964 sq. ft. (40%) is the maximum allowed; to allow an existing overhang with a rear distance (north side) of 1'4"(17'-0" req di), a s de distance (east side) of V-0"(3'-0" req'd.), a side distance (west side) of 0'-0"(3'-0" req'd.) , according to Article 9, Section 908, Lot Measurement, Section 908.3. Permanent Structural Projections from Buildings., to allpw Ot landscaped area at the front setback (60% min. rey'd.)`according to Article'9; Section 908.10.1, G Driveways and Offstreet Parking. PAGE II FEBRUARY 24, 1994 RRED BY , M-9 MOVED LUMMER SECONDED DAVgjNS UNANIMOUS _ - RECONSIDERED"`BY M-94-131 MOVED : PLUMMER SECONDED : .GORT. ABSENT t DE`YURRE APPEAL DENIED -- R-94-132 (AS MODIFIED) MOVED. s PLUXMER SECONDED : GORT NAYS ;..;CLARK ABSENT:. DE--YURRE x j ITEM PI 8 RESOLUTION =" [J-94-76(a) & J-94-76(b)] REQUEST : 'Appeal.;..of the Zoning Board's Decision LOCATION:'.: 3156-58-60-62-64-66-68-70-72-74 Virginia Street APPLICANT(S): N. Edrisi, P. Edrisi, T. Barrett, S. De Lemos & I. Buholzer AGENTS) : Lucia A. Dougherty, Esq, APPELLANT(S)•; Joyce Nelson for Coconut Grove Civic Club & James McMaste AGENT(S) . ' . - N/A RECOMMENDATIONS:' ' - PLANNING, BLDG & ZONING: Approval of appeal. PLANNING ADVISORY`BOARO: N/A HISTORIC PRESERVATION BOARD: N/ A 1. PLAT & STREET COMMITTEE: N/A ZONING BOARD: Granted for 12 mo. in which a bldg. permit must be obtained. VOTE: 7-2 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, Florida, Article 4,'Section 401, Schedule of District Regulations, R-2 Two Farmly,Residential, conditional principal uses, for lots with,more than,five thousand'(5,000) sy. ft., to allow one (1) additional dwelling ,unit for each additional two thousand five hundred (2,500) sq. ft. of'lot area, for a total of.ten.(10) existing dwelling units; zoned - R=2 Two'Family Residential. PAGE 13 FEBRUARY 24, 1994 ITEM PZ 9 RESOLUTION - [J-94=118(a) A J-94-118(b)] .REQUEST a Appeal a ' Zoning Board's Decision WITHDRAWN . (DUE``TO'' INTERESTED'. ARTIES HAVING; REACHET; ETTLEMENT OW THE '` -ISSUE..) LOCATION J.S. 1 and 27th Avenue APPLICANT(S): American Equity Site Developers, Inc. AGENT(S) Tony O'Donnell, Esq. APPELLANT(S): R. Perez, J. M. Smith, H. Weisberg, A N. Marmesh _ AGENT(S)` N/A RECOMMENDATIONS: - PLANNING,:BLOG 3 ZONINGa Denial of Appeal. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A - _ PLATA i STREET COMMITTEE: N/A :. ZONING BOARD:'APproVal, VOTE 5-3 Appeal of the 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, Art. 6 Sect. 611.„SD-11.Coconut Grove`Rapid Transit District.; Permitted Principal Uses and Structures", Section 611.4.1, Permitted only by Special Exception, to a11ow { -the construction of a service station.' - - - PAGE 14 FEBRUARY 241 1994 ITEM PZ.,,,, 10RESOLUTION - (J-94-113) REQUEST•:. :. Florida.Avenue Planning Study CONTINUED TO - MARCH 24, 1994 MOVED : PLUMMER SECONDED : DAWKINS NANIMOUS LOCATION Properties abutting.Florida Avenue from Matilda _. Street to McDonald Street, in Coconut Grove. APPLICANT(S): City of Miami Planning, Building and Zoning AGENT(S), s N/A APPELLANT(S):: N/A i,. AGENT(S). = N/A — RECOMMENDATIONS: . PLANNING, BLDG h ZONING: Accept report:recommend further workshops with the neighborhood.• - PLANNING ADVISORY BOARD: Approval with conditions. HISTORIC PRESERVATION BOARD: N/A PLAT STREET COMMITTEE: N/A 'ZONING BOARD: N/A , Consideration ofrecommendingthat the.City-Comission approve, in concept,;`the ".The Florida Avenue:Project"`(August 1993 prepared by Dover, Kotit.and Partners for Florida Avenue 1` neighbors end the .City of Miami for properties abutting Florida Avenue from Matilda Street to McDonald Street, and further reco>wirending that the Commission instruct the Administrator to. _ initiate further workshops with the neighborhood. ITEM PZ 11 SECOND READING ORDINANCE - (J-93-821) REQUEST `- ": To'amendZoning Ordinance No. 11000 Text LOCATION N/A APPLICANT(S): City of Miami Planning, Building and Zoning AGENTS) N/A APPELLANT(S): N/A AGENT(S) N/A RECOMMENDATIONS: PLANNING,`BLDG i ZONING: Approval. PLANNING ADVISORY BOARD: Approval. ' I HISTORIC.PRESERVATION BOARD: N/A PLAT 8 STREET COMMITTEE: N/A ZONING BOARD: N/A Consideration of .an ordinance amendingg, Ordinance No. 11000, as amended, the. Zoning Ordinance of _the City of;Miaei, Florida, by.; amending>Section,401, the Schedule of'District Regulations, to . allow a "Cellular C;nnunications'Site" 4s a Conditional Accessary ;Use in the. R-3, R-4, O. and.'.CBD, Districts and specifying conditions therefor; 'to allow a 'Cellular:, .Communications Site";with "Miscellaneous Antennas*: as a Conditional Principal Use in the C-1, C-2, I, SO-4, SD-5, SO-6, SD41,,SD-7,'5046, S0-16.1 and SD•16.2`Districts and specifying conditions therefor; to allow "Transmission Towers' as a:Conditional Principal.Use only by Special Exception in the -- O, C-1, SD-4, SD-5,. SD-6, SD-6.1, SD-7,•-SD-16, SD-16.1 and------- SD-16 2 Districts a'nd.providing conditions therefor; to allow :"Transmission :Towers" of less than 150 feet in height as Permitted.Principal Uses in the-C-2 and I Districts; providing definitions for "Cellular Communications Site", "Miscellaneous Antennas", and "Transmiision'Tower". NOTES: PASSED ON FIRST READING CC 1/27/94. MOVED BY: DE 1 YURRE, SECONDED BY: PLUMMER, UNANIMDUS. PAGE 16 FEBRUARY 24s 1994' ITEM PZ 12 -,FIRST READING ORDINANCE (J-94-818) ..REQUEST To amend Zoning Ordinance No. 11000 Tkt CONTINUED TO: MARCH 24 1994 LOCATION t-1 Restricted Commercial Districts APPLICANT(S)s City of Miami Planning, Building and Zoning AGENT(S) N/A A0PkLLANT(S): N/A AGENT(S) N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. HISTORIC PRESERVATION BOARD: N/A PLAT VSTREET COMMITTEE: NIA* ZONING BOARD: N/A Consider * ation of amending Articles 4,,and 25'.of Ordinance No. 7 11000, as,amended, the Zoning'Ordinance of the City of Miami, F16rida,.to providedefinitions for "employoffice",'"labor pool" * and"hiring halls"; to permit labor pools or hiring halls ..,i1n.'C-I: Restricted: Commercial Districts"by S06cial',Exception only,, and to permit I oyment offices -as a Pe rmittod Principal Use in C-10