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Home My WebLink AboutCC 1994-05-23 Marked AgendaMAYOR STEPHEN P.,! K VICE MAYOR MILLER J. DAWKINS COMMISSIONER VICTOR DE YURRE COMMISSIONER WIFREDO (WILLY) GORT COMMISSIONER J.L. PLUMMER JR. CITY GER CESAR H. ODIO CITY COMMISSION AGENDA, MEETING DATE: MAY 23, 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 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 C 0 M M I S S 1 0 N MEETING * * THIS MEETING SHALL CONVENE AT 3:00 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 COMYIISSION 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 Mimi City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the prsx>eedin s 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 PUER TO THE CITY CLERK'$ REPORT, ATTACHED HERETO. PART "A": NON -PLANNING & ZONING ITEMS BEGINNING AT 3:00 PM: ITEMS 1 THROUGH 12 PART "B": PLANNING 3 ZONING ITEMS BEGINNING AFTER 4:30 PM: ITEMS PZ-1 THROUGH PZ-3 BEGINNING AFTER 5:00 PM: ITEMS Ply- THROUGH 1- I PART A 3:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE A. PRESENTATIONS A PROCLAMATIONS SPECIALLY SCHEDULED ITEMS 1. DISCUSSION CONCERNING THE EVALUATION OF THE CITY MANAGER. (This item was deferred from the meeting p 1 14, 1994) 2. RESOLUTION - (J-93-766) - (ELECTING AND R APPPPOIN—TING CITY ATTORNEY) ELECTING AND REAPPOINTING A. QUINN JONES III AS ITY ATTORNEY OF THE CITY OF MIAMI,.FLORIDAT HOLD OFFICE AS PROVIDED FOR IN THE CITY CHARTER; AND FIXING SALARY AND BENEFITS FOR SAID RE —APPOINTEE. (This item was deferred from the meeting of April 14, 1994) DELIVERED NONE R-94-348 MOVED PLUMMER SECONDED: DAWKINS UNANIMOUS SEE RELATED M-94-349 MOVED : DAWKINS SECONDED: DE YURRE UNANIMOUS R-94-350 MOVED PLUMMER SECONDED: DAWKINS UNANIMOUS --------------------- SEE RELATED R-94-351 MOVED : DE YURRE SECONDED: DAWKINS NAYS PLUMMER AND CLARK SPECIALLY SCHEDULED ITEMS CONT'D 3. RESOLUTION - (J-93-165) - (ELECTING AND' EAPP INTING CITY CLERK) ELECTING AND REAPPOINTING NATTY HIRAI AS CITY CLERK OF THE CITY OF MIAMI, FLORIDA, UPON THE SME TERMS AND CONDITIONS PRESENTLY EXISTING, TO HOLD FFICE AS PROVIDED FOR IN THE CITY HARTER. PERSONAL APPEARANCES 4. WITHDRAWN 5. AS PER COMMISSIONER GORT'S REQUEST, RODRIGUEZ PRESIDENT OF NATCOM ADDRESS THE COMMISSION REGARDING EVENT. 6. AS PER COMMISSIONER GORT'S REQUEST, MR. NUSTAFA NAJJAR TO APPEAL RESOLUTION 92-422. PAGE 3 MAY 23, 1994 R-94-352 (AS MODIFIED) MOVED : PLUMMER SECONDED: DAWKINS UNANIMOUS SEE RELATED R-94-352.1 MOVED : PLUMMER SECONDED: DAWKINS UNANIMOUS R-94-353 MOVED : PLUMMER SECONDED: DAWKINS UNANIMOUS WITHDRAWN ORDINANCES - EMERGENCY EMERGENCY ORDINANCE - (J-94-446) NTH VOTE) (NOTE: This item is being presented as an emergency pursuant to the City Commission directive of May 5, 1994 in order to amend the City Code) CONCERNING THE BAYFRONT PARK MANAGEMENT TRUST THE DOWNTOWN DEVEL RITY BOARD AND THE INTERNATIONAE TRADE ARD, THEREBY AMENDING MEMBERSHIPS. APPOI ENT PROCEDURES, CHATPIRM PROVISIONS AND POWERS OF CHAIRPERSON PROVISIONS APPLICABLE SAID _ -BOARDS; RE PARTICULARLY, Y AMENDING SECTIONS- , 38-73 AND 2-422 OF THE CODE* OF THE .CITY OF MIAMI, FLORIDA, AS AMENDED; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. PAGE 4 MAY 23, 1994 EMERGENCY ORDINANCE 11151 MOVED : PLUMMER SECONDED GORT UNANIMOUS t 8. PAGE 5 MAY 23, 1994 RESOLUTIONS Department of Development and Housing Conservation RESOLUTION - (J-94-420) - (AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE A R-9 4- 354 PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY MOVED : DE YURRE THE ATTACHED FORM, WITH ARTHUR ANDERSEN A COMPANY SECONDED : PLUMMER "CONSULTANT" TO C NDUCT A FEASIBILITY STUDY FOR NAYS : DAWKINS AND Tur nrum R MENT nF TO 41nTFl C "PRMFCTS" L _ATFF) GORT ALLULAIlNU AND ACCOUNTS. Department of Public Works 9. RESOLUTION - (J-94-419) - (AUTHORIZING THE -CITY MANA EAR EXECUTE AN INTERLOCAL AGREEMENT) AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCK AGREEMENT, IN SUBSTANTIALLY THE A TACHED FORM' BETWEEN METROPOLITAN DADE COUNTY lTuc "MMWTV"1 AMn TUC FTTV AC MTAMT ITUr r°TTY -94-355 OVED PLUMMER ECONDED DAWKINS NANIMOUS '' I RESOLUTIONS CONT'D RESOLUTION - (J-94-403) - (ACCEPTING PLAT) ACCEPTING THE PLAT ENTITLED OAK SHADOW A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL F THE CONDITIUNS OF THE PLAT ' AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. NOTE: Item 10 is related to Items 11 and 12. 11. MR. W. TUCKER GIBBS TO DISCUSS THE OA! LOCATED AT EMATHLA STREET AND SECOFF COCONUT GROVE. NOTE: Item 11 is related to Items 10 and 12. 12. MR. JEFFREY B. DEGEN TO DISCUSS THE 2801 EMATHLA ST. IN COCONUT GROVE. NOTE: Item 12 is related to Items 10 and 11. P IT PAGE 6 MAY 23, 1994 M-94-356 MOVED : PLUMMER SECONDED: DE YURRE UNANIMOUS M-94-356 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS M-94-356 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS PAGE 7 MAY 23, 1994 PART B o PUBLIC HEARINGS THE FOLLONING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:30 PM ITEM PZ 1 RESOLUTION - [J-94-391(a) & J-94-391(b) j CONTINUED .TO REQUEST Special Exception Requiring City Commission DUNE 30, 1994 Approval LOCATION 700 N.W. 54th Street. APPLICANT.(S): Robert G. Brown. 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: Approval. VOTE: 7-0. 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, Drive -Through and Drive -In Establishments; Car Washes, Subsection 931.2 Requirements for Reservoir Spaces, Applying Generally, Subsection 931.2(d) drive -through window facilities for eating and drinking establishments: eight (8) spaces before the service window, one (1) space at the service window and one (1) space after the service window; to allow a drive -through restaurant facility with a reduction of the reservoir spaces as follows: north through lane,.five (5) spaces before the service window; one (1) space at the service window and one JIJ space after the service window, south through lane, seven 7 spaces before the service window, one (1) space at the service window, and one (1) space after the service window for the property located at 700 Northwest 54 Street, Miami, Florida (more particularly described on exhibit "A" attached hereto and incorporated herein); zoned C-1 Restricted Commercial; per plans on file; subject to a time limitation of twelve months in which a building permit must be obtained. ITEM PZ REQUEST w 2 SECOND READING ORDINANCE - (J-94-314) To amend Ordinance No. 10544, from Single Family Residential to Major Public Facilities, Transportation and Utilities, to change the Future Land Use Element of the Comprehensive Plan LOCATION : 2517-21 S.W. 7th Street. APPLICANT(S): City of Miami Planning, Building & Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval: PLANNING ADVISORY BOARD: Approval. VOTE: 5-0. HISTORIC PRESERVATION BOARD: N/A. PLAT &STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1989-2000, Future Land Use Map, by changing the land use designation at approximately 2517-21 S.W. 7th Street from Single Family Residential to Major Public Facilities, Transportation and Utilities. NOTES: THIS IS A COMPANION ITEM TO PZ-3. PASSED ON FIRST READING CC4/28/94. MOVED BY: PLUMMER, SECONDED BY: GORT, DEYURRE & CLARK VOTE YES THO ABSENT. PAGE 8 MAY 23, 1994 ORDINANCE 11152 (AS MODIFIED) MOVED : PLUMMER SECONDED: GORT UNANIMOUS Err ITEM PZ 3 SECOND READING ORDINANCE - (J-94-31S) REQUEST To amend Ordinance 11000, from C-1, Restricted Commercial to G/I, Government/Institutional, to change the Zoning Atlas LOCATION : 2517-21 S.W. 7th Street. APPLICANT(S): City of Miami Planning, Building & Zoning Department. AGENT(S) : N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 5-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: NIA. Consideration of amending the Zoning Atlas of Ordinance 11000, as amended, by changing the zoning classification at approximately 2517-21 S.W. 7th Street from C-1, Restricted Commercial to G/I, Government/Institutional. NOTES: THIS IS A COMPANION ITEM TO PZ-2. PASSED ON FIRST READING CC 4/28/94. MOVED BY: PLUMMER, SECONDED BY: GORT,CLARK ABSENT. PAGE 9 MAY 23, 1994 ORDINANCE 11153 (AS MODIFIED) MOVED : PLUMMER SECONDED: DE YURRE UNANIMOUS THE FOLLONINS ITEMS SHALL NOT BE CONSIDERED BEFORE 5%00 PM ITEM PZ 4 RESOLUTION - [J-94-417(a) & J-94-417(b)] REQUEST Appeal of the Historic and Environmental Preservation Board's Decision LOCATION : 2129 Tigertail Avenue. APPLICANT(S): Dr. Neil A. Fisher, M.D. AGENT(S) N/A. APPELLANT(S): Dr. Neil A. Fisher, M.D. AGENT(S) N/A. RECOMMENDATIONS: PLANNING, SLOG & ZONING: Denial of appeal. i PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: Denial of appeal. VOTE: 4-1. i PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Appeal of a decision of the Coconut Grove NET Office concerning the denial of an application for the removal of an oak tree. PAGE 10 MAY 23, 1994 M-94-359 MOVED : PLUMMER SECONDED: DAWKINS UNANIMOUS ITEM PZ 5 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. Be Lemos & I. Buholzer. AGENT(S) Lucia A. Dougherty, Esq. APPELLANT(S): Joyce Nelsonfor the Coconut Grove Civic Club & AGENT(S) : N/A. James McMaster. REC"ENDATIONS: PLANNING, BLDG & ZONING: Approval of appeal; denial of application. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. 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 Family Residential, Conditional Principal Uses, for lots with more than five thousand (5,000) sq. 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.., NOTES: CONTINUED ON CC 2/24/94 TO CC 3/24/94. CONTINUED ON CC 3/24/94 TO CC 4/28/94.CONTINUED ON CC 4/28/94 TO 5/23/94. PAGE 11 MAY 23, 1994 APPEAL WITHDRAWN BY APPELANT SEE RELATED M-94-360 MOVED : PLUMMER SECONDED GORT UNANIMOUS ITEM PZ REQUEST IQ 6 RESOLUTION - J-94-399 Waiver of Charter Waterfront Setback Provision LOCATION : 1643 Brickell Avenue (La Santa Maria). APPLICANT(S): SM Brickell Limited Partnership. AGENT(S) Lucia A. Dougherty, 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: N/A. Consideration of a resolution amending Resolution No. 80-334, adopted May 7, 1960, pertaining to "la Santa Maria" residential project, located at 1643 Brickell Avenue, Miami, Florida (as more particularly described herein), thereby amending the plans on file attached thereto, to provide for a 14% average side yard based on an aggregate lot width (2S* required); zoned R-4, multifamily high density residential; said amendment subject to all conditions of Resolution No. 80-334 and the plans on file dated May 2, 1994 and landscaping plans dated April 28, 1994. PAGE 12 MAY 23, 1994 CONTINUED BY M-94-361 MOVED : DE YURRE SECONDED : PLUMMER UNANIMOUS ITEM PZ 7 FIRST READING ORDINANCE - (J-94-318) REQUEST To amend Zoning Ordinance No. 11000 Text LOCATION : R-3 Medium -Density Multiple Family District. G APPLICANT(S): City of Miami Planning, Building & Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. ,PLANNING ADVISORY BOARD: Approval as presented. VOTE: 7-1. 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, Florida, to reduce the number of offstreet truck loading berths required in the R-3 Medium -Density Multiple Family District. NOTES: CONTINUED ON CC 4/28/94 TO CC 5/23/94. PAGE 13 MAY 23, 1994 FIRST READING MOVED PLUMMER SECONDED GORT UNANIMOUS ITEM PZ 8 FIRST READING ORDINANCE (J-94-311) REQUEST To amend Zoning Ordinance No. 11000 Text LOCATION : N/A. APPLICANT(S): City of Miami Planning, Building & Zoning Department. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval with conditions.* 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, Florida, by amending Article 4 to clarify language regarding community based residential facilities; to permit family care homes in residential districts; to permit halfway and three-quarter way houses and single room occupancy uses conditionally in certain districts; by amending Section 934, to clarify general requirements, definitions and parking for CBRF's; to introduce a new section 942 regarding single room occupancy uses; and amending Article 25 to add definitions for adult congregate living facility, bed and breakfast, foster care home, halfway house, homeless shelter, lodging house, orphanage, single room occupancy use, three-quarter way house; -and amending other definitions. *PAB approved with the condition that all references -to the term "Homeless Shelter" be removed from the proposed Ordinance NOTES: CONTINUED ON CC 4/28/94 TO CC 5/23/94. PAGE 14 MAY 23, 1994 DISCUSSED AND CONTINUED BY M-94-362 MOVED : PLUMMER SECONDED : DAWKINS UNANIMOUS