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HomeMy WebLinkAboutCC 1994-10-27 Marked AgendaMAYOR STEPHEN P. CLARK VICE MAYOR MILLER ). DAWKINS COMMISSIONER VICTOR DE YURRE COMMISSIONER WiFREDO (WILLY) GORT COMMISSIONER J.L. PLUMMER JR." CITY MANAGER CESAR H. bDIO MEETING DATE: OCTOBER 27, 1994 CITY HALL 3500 PAN AMERICAN DRIVE CiTY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, AS AMENDED, GENERALLY REQUIRES ALL PE S� ONS APPEARING IN A P&2 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 M E E T I N 6 * * THIS MEETING SHALL CONVENE AT 4:00 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 OMISSION 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 CLERK'S REPORT, ATTACHED HERETO. a PUBLIC HEARINGS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 4:00 PM ITEM PZ 1 RESOLUTION - (J-94-883) REQUEST To Adopt the Resolution Readopting Resolution No. 94-597 LOCATION : Approximately 801-999 Brickell Avenue. APPLICANT(S): Equitable Life Assurance Society of the United States. 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 adopting a Resolution readopting Resolution No. 94-597 which amended a previously approved Development Order (Resolution No. 83-695) for the Brickell Square Project, Phase I, located at approximately 801-999 Brickell Avenue, Miami, Florida, a Development of Regional Impact, pursuant to Section 380.06, Florida Statutes. NOTES: THIS IS A COMPANION ITEM TO PZ-2. PAGE 2 QCTOBER 27, 1994 R-94-786 MOVED : DAWKINS SECONDED: GORT ABSENT : PLUMMER ITEM PZ 2 RESOLUTION - (J-94-884) REQUEST To Adopt the Resolution Readopting Resolution No. 94-598 LOCATION Approximately 845-999 Brickell Avenue. APPLICANT(S): Equitable Life Assurance Society of the United States. 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 adopting a Resolution readopting Resolution No. 94-598 which amended a previously approved Development Order (Resolution No. 85-1060, as amended by Resolution Nos. 89-410 and 92-597) for the Brickell Square Project, Phases II and III, located at approximately 845-999 Brickell Avenue, Miami, Florida, a Development of Regional Impact, pursuant to Section 380.06, Florida Statutes. NOTES: THIS IS A COMPANION ITEM TO PZ-1. PAGE 3 QCTOBER 27, 1994 R-94-786.1 MOVED DAWKINS SECONDED: GORT ABSENT : PLUMMER, PZ 3 RESOLUTION - (J-94-634) �T : Street Closure, Vacation and Abandonment LOCATION : '4,316 North Venetian Way. .APPLICANT(S): John Turchin for R.D. Development. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Refer d to HEPB. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: Recommend denial. PLAT & STREET COMMITTEE: Approval with c nditions. (See Analysis) ZONING BOARD: Recommended to City Commiss n for approval. VOTE: 7-1. Consideration of closing, vacating, abandoning and discontinuing the public use of 13th Avenue (We ) from South Venetian Way to North Venetian.Way as a condition of approval of Tentative Plat No. 1463-A, "San Marco Key Subdi sion", subject to requirements of the Plat and Street Commi tee,for the property located at 1316 North Venetian Way; zone R-1 Single -Family Residential. PAGE 4 0VTOBER 27, 1994 ENIED BY -94-787 OVED CLARK ECONDED GORT BSTAINED DE YURR - ITEM PZ 5 SECOND READING ORDINANCE - (J-94-631) REQUEST To Amend Ordinance No. 11000, from R-3 Multifamily Medium -Density Residential to C-2 Liberal Commercial, to change the Zoning Atlas. 'LOCATION : 3629 N.W. 20th Court. APPLICANT(S): Ameriland Enterprises, Inc. AGENT(S) : Luis Padron, Esq. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: See PZ-4. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. . ZONING BOARD: Recommended to City Commission for approval. VOTE: 8-1. Consideration of amending the Zoning Atlas of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-3 Multifamily Medium -Density Residential to C-2 Liberal Commercial for the property located at 3629 NW 20th Court. I A NOTES: THIS IS A COMPANION ITEM -TO PZ-4. PASSED ON FIRST READING ON CC 9/22/94. MOVED BY: GORT, SECONDED BY: PLUMMER, UNANIMOUS. PAGE 6 t)CTOBER 27, 1994 ORDINANCE; 11191 MOVED ':' PLUMMI SECONDED: DAWKID ABSENT : DE YUF I ITEM PZ 6 SECOND READING ORDINANCE - (J-94-605) 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 Approximately 2515 S.W. 7th Street. .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 Ordinance 10544, as amended, the Miami Comprehensive Neighborhood Plan 1959-2000, Future Land Use Map, by changing the land use designation at approximately 2515 S.W. 7th Street from Single Family Residential to Restricted Commercial. NOTES: PASSED ON FIRST READING ON CC 9/22/94. MOVED BY: GORT, SECONDED BY: PLUMMER, UNANIMOUS. PAGE 7 OGTOBER 27, 1994 ORDINANCE, 11195 MOVED :'DAWKINS SECONDED: PLUMMER ABSENT : DE YURRI f ITEM PZ 7 RESOLUTION - [J-94-802(a) & J-94-802(b)] REQUEST Appeal of the Zoning Board's Decision LOCATION 2238 South Miami Avenue. .APPLICANT(S): Emmanuel & Naomi Nwadike. AGENT(S) : Richard Dansoh, Esq. APPELLANT(S): Jack & Susan Taffer. AGENT(S) : N/A. REC"ENDATIONS: PLANNING, BLDG & ZONING: Denial of application and approval of appeal. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Denied the setback variance and granted the height variance. VOTE: 7-0. Appeal of a Variance granted by the Zoning Board. The Zoning Board granted a Variance 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, PerYmitted Principal Uses, to permit a height of 34'-2" (25'-0" imaximum height allowed) for a proposed addition to the property located at 2238 South Miami Avenue; zoned R-1 Single -Family Residential. PAGE 8 QCTOBER 27, 1994 APPEAL DENIED BY R-94-788.', (AS MODIFIED) MOVED : DAWKINS SECONDED: GORT UNANIMOUS ITEM PZ 8 RESOLUTION - [J-94-801(a) & J-94-801(b)] REQUEST Appeal of the Zoning Board's Decision LOCATION : 3400 South Dixie Highway. .APPLICANT(S): James Confalone. AGENT(S) : Herminio San Roman, Esq. APPELLANT(S): James Confalone AGENT(S) : Herminio San Roman, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial of application and denial of appeal. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: Denied. VOTE: 7-1. Appeal of a Variance denied by the Zoning Board. The Zoning Board denied a Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Permitted Principal Uses, to allow a reduction of a side yard setback of 5'-0" (10'-0" required when abutting an "0" Office District) for a proposed addition to an existing car wash establishment located at 3400 South Dixie Highway ; zoned C-1 Restricted Commercial. PAGE 9 OCTOBER 27, 1994 CONTINUED: TO DECEMBER 1, 1994 MOVED : DAWKINS SECONDED: GORT ABSENT : PLUMMER ITEM PZ 9 FIRST READING ORDINANCE - (J-94-631) REQUEST s To Amend Ordinance No. 11000, from 0-Office to SD-5 Brickell Avenue Area Residential -Office District, to change the Zoning Atlas LOCATION : 185 SE 14 Terrace. APPLICANT(S): Pointview Towers of Curacao, N.V., Owner St. James Development, Inc., Buyer i 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: The Tent. Plat of 1464 was approved subject to rezoning. ZONING BOARD: Recommended for approval to City Commission. VOTE: 7-0. Consideration of amending the Zoning Atlas of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, Schedule of District Regulations, by changing the zoning classification from 0-Office to SD-5 Brickell Avenue Area Residential -Office District for the property located at 185 SE 14th Terrace. PAGE 10 OCTOBER 27, 1994 FIRST READING MOVED "­'DAWKINS SECONDED: GORT UNANIMOUS ITEM PZ 10 RESOLUTION - [J-94-795(a) & J-94-795(b)] REQUEST Appeal of the Historic and Environmental Preservation Board's Decision LOCATION : 169 E. Flagler Street. .APPLICANT(S): Capital Bank (Applicant) & A.I. duPont Bldg. Part. (Owner) AGENT(S) Adrienne Pardo, Esq..for applicant. APPELLANT(S): Capital Bank (Applicant) AGENT(S) : Adrienne Pardo, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial of appeal. PLANNING ADVISORY BOARD: N/A. HISTORIC PRESERVATION BOARD: Denial. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. " Consideration of an appeal of the decision of the Historic and Environmental Preservation Board, which denied a Certificate of Appropriateness for the installation of a sign on the upper east elevation and two banners for the property located at 169 E. Flagler Street AIK/A The Alfred I. duPont Building. PAGE 11 OCTOBER 27, 1994 CONTINUED, TO NOVEMBER'17, 1994 MOVED : GORT SECONDED: CLARK ABSENT : PLUMMER a ITEM PZ 11 RESOLUTION - (J-94-851) REQUEST To Amend the Master and Increment I Development Orders for a Previously Approved Development of Regional Impact (DRI) for the Downtown Area LOCATION : N/A. _APPLICANT(S): Downtown Development Authority. 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 Downtown Miami Development of Regional Impact (DRI) Master and Increment I Development Orders, as amended, for the downtown area, by extending the buildout/termination dates for the Master Development Order as well as Increments 1, II and III; by extending the date for protection against downzoning; by extending the date for completing air quality :monitoring; by extending the date for construction of transportation improvements; and by correcting the name of the department; also finding that these do not constitute substantial deviations per Chapter 380, Florida Statutes (1993), and that the changes are in conformity with the Miami Comprehensive Neighborhood Plan 1989-2000. NOTES: THIS IS A COMPANION ITEM0TO PZ-12. PAGE 12 OCTOBER 27, 1994 WITHDRAWN ITEM PZ 12 RESOLUTION - (J-94-858) REQUEST To Amend the Master and Increment I Development Orders of the Downtown Development of Regional Impact (DRI) LOCATION : N/A. APPLICANT(S): Downtown Development Authority. AGENT(S) N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. VOTE: 6-1. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amending the Downtown Miami Development of Regional.Impact (DRI) Master and Increment I Development Orders, as amended, for the downtown area, by adding a new land use category entitled "Marine Facilities", and by increasing and decreasing the quantities of development in certain land use categories accordingly; finding that these changes do not constitute substantial deviations per Chapter 380, Florida Statutes (1993), and that the changes are in conformity with the Miami Comprehensive Neighborhood Plan, 1989-2000. NOTES: THIS IS A COMPANION ITEM TO PZ-11. PAGE 13 OCTOBER 27, 1994 WITHDRAWN ITEM PZ 13 RESOLUTION - (J-94-888) REQUEST Capital Improvement Program 1994-2000 LOCATION : N/A. APPLICANT(S): Asset Management and Capital Improvements Department. AGENT(S) : N/A. APPELLANT(S): N/A. AGENT(S) : N/A. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval, in principle. PLANNING ADVISORY BOARD: Approval, in principle. VOTE: g-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. To recommend approval, in principle, the 1994-2000 Capital Improvement Program as a guide to city agencies, boards and departments. NOTES: THIS IS A COMPANION ITEM TO PZ-14. PAGE 14 d=BER 27, 1994 R-94-789 MOVED ,:: DAWKINS SECONDED: PLUMMER UNANIMOUS ITEM PZ 14 FIRST READING ORDINANCE - (J-94-889) REQUEST : Capital Improvement Program 1994-1995 Appropriations LOCATION : N/A. APPLICANT(S): Asset Management and Capital Improvements Department. 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: N/A. s . To recommend approval of an ordinance establishing appropriations for City of Miami Capital Improvements; continuing and revising previously approved scheduled capital improvement projects, establishing new capital improvement projects to begin during Fiscal Year 1994-95; repeating j provisions of Ordinance No. 11139, as amended, the Fiscal Year 1993-1994 Capital Improvement Appropriations Ordinance which may be in conflict with this ordinance; and providing conditions, authorizations and directions to the City Manager i and City Clerk. - NOTES: THIS IS A COMPANION ITEM TO PZ-13. PAGE 15 DCTOBER 27, 1994 FIRST READING KOVED PLUMMER SECONDED: GORT JNANIMOUS 11 s f • THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM PAGE 16 DMBER 27, 1994 ITEM PZ 15 FIRST READING ORDINANCE - (J-94-773) FIRST READING REQUEST To Amend Zoning Ordinance No. 11000 Text MOVED ; . DAWKINS SECONDED:, GORT UNANIMOUS 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. I, VOTE: 8-0. HISTORIC PRESERVATION BOARD: N/A. PLAT & STREET COMMITTEE: N/A. ZONING BOARD: N/A. Consideration of amendingOrdinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida: by amending Section 401, "Schedule of District Regulations", to allow "Discount Membership Merchandisers" as a conditional principal use in the C-1 Restricted Commercial District by Special Exception only, and establishing minimum parking requirement; by adding two new "Reserved" sections; by adding Section 944, "Discount Membership Merchandisers", establishing applicable regulations for said use; and by amending Section 2502, "Specific Definitions", to provide a definition for "Discount Membership Merchandiser. ITEM PZ 16 FIRST READING ORDINANCE - (J-94-772) 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. 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 9, General and Supplementary Regulations, Section 926, Signs; Specific Limitations and Requirements, by introducing Section 926.9 "Signs of Historic Significance." PAGE 17 OCMBER 27, 1994 FIRST READING MOVED :-PLUMMER SECONDED': ' GORT UNANIMOUS