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HomeMy WebLinkAboutCC 1993-01-28 Marked AgendaMAYOR XAVIER REZ�- t VICE MAYOR VICTOR H. DE VURRE CIT'( MANAGER CESAR H. ODIO COMMISSIONER DR. MIRIAM ALONSCi t ieceer ee,tt "t COMMISSIONER MILLER J. DAWKINS COMMISSIONER I.L. PLUMMER, IR. CITY COMMISSION AGENDA MEETING DATE: JANUARY 28, 1993 CITY HALL 35M PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, ADOPTED MARCH 18, 1986, A5 AMENDED, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAQ- OR UNERATED 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 ZONING C I T Y C 0 M M I S S 1 0 N I N G * * 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 COMMISSION ON ANY ITEM APPEARING IN THE FOLLOWING PORTIONS OF THIS AGENDA: "CONSENT AGENDA', OPUBLIC HEARINGS', OR 'PUBLIC DISCUSSION" IS INVITED TO DO SO AND SHALL AS SOON AS POSSIBLE INFORM THE CITY CLERK OF MIS/HER DESIRE TO SPEAK, GIVING THE CITY CLERK HIS/HER NAME. AT THE TIME THE ITEM IS HEARD, THAT PERSON SHOULD APPROACH THE NICROPKME 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 Comission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatin record of the proceedings is made including all testimony and evidence upon which any appeal may be base. The City Comission has established a policy that Cmission wetings will adjourn at the conclusion of deliberations on the agenda itm being considered at 9:00 PM. (Resolution No. 87-115) FOR MOTIONS ArM RESOLUTIONS WdICH DO NOT APPEAR IN TWS PRINTED AGENDA. KINDLY REFER TO TIM CITY CLERK S REPORT, ATTACKED HERSTO. B PART "B": 3:00 PM A. NON -PLANNING A ZONING ITEMS BEGINNING AFTER 3:00 PM: ITEMS 1 THROUGH 9 PLANNING & ZONING ITS BEGINNING AFTER 4:00 PM: BEGINNING AFTER 5:00 PM: BEGINNING AFTER 6:00 PM: ITEMS PZ-1 THROUGH PZ-3 ITEMS PZ-4 THROUGH PZ-24 ITEM PZ-25 PART A INVOCATION AND PLEDGE OF ALLEGIANCE PRESENTATIONS & PROCLAMATIONS ORDINANCES - EMERGENCY 1. EMERGENCY ORDINANCE - (J-93-72) 4 5THS VOTE (NOTE: This item is being presented on an emergency basis in order to continue to operate the City of Miami's Temporary "Emergency" Jobs Program which currently employs 300 individuals.) Establishing a new special revenue fund entitled: JTPA TIt a III Temporary "Emergency" Jobs Program PY IQ711 and annrnori ate a -$1.341.600 for said lullu I lvm miqu. VJ NT. o. ba.ti.t.b Vc t o Ctty te. Manager to accept the afonv.a. grant award and enter into— he necessa agreements, in a form acceptable to the Nty Attorney, with the South Florida Employment and TrainingConsortium; containing a repea er provision and a severability clause. PAGE 2 JANUARY 28, 1993 DELIVERED NONE EMERGENCY ORDINANCE 11034 MOVED : DE YURRE SECONDED: DAWKINS UNANIMOUS RESOLUTIONS NOTE: As per Commissioner Aionso's request at the City Commission meeting of January 14, 1993, items 2, 3 and 4 have been scheduled for consideration by the City —Commission. 2. RESOLUTION - (J-92-847) - (AUTHORIZING EXECUTION OF AGREEMENT) Authorizinq�the CityManager to execute a ro essiona services agreement, in su stantia y the form attached, with tfie National 0 anization of Black Law Enforcement Executives, ere na ter "NOBLE", in an amount not to exceed 300 000 for the rovis on o tra�n�nc� over a tree year Brio or the City of Miami Pi olice_De Department, with funds 5erefor allocated from the maw Enforcement Trust Fund, Project No. 690001, Index Code 029002-247, such costs having been approved by the Chief of Police. 3. RESOLUTION - (J-92-841) - (AUTHORIZING PURCHASE) Authorizing the aurchase of two marine patrol vessels, and allocating funds therefor, in an amount not to exceed 86 027, from the Law Enforcement Trust Fund, such costs having been approved by the Chief of Police and being subject to applicable City Code procurement provisions. 4. RESOLUTION - (J-92-837) - (APPROVING FUNDING) Approving the funding of the "Do the Right Thing" Program and allocating funds therefor, in an amount not to exceed $148,000, from the Law Enforcement Trust Fund, such costs having been approved by the Chief of Police. PAGE J JANUARY 28, 1993 (WITHDRAWN TABLED (DIRECTION GIVEN TO ADMINISTRATION) R-93-58 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS J RESOL�NS Ct1NT' D Department of Public Works 5. RESOLUTION - (J-93-73) - (ACCEPTING PLAT) A__c.ceptin tl he-Platentitled "Villas de Vizca a", a subdi'v on in t e ityyoo Miami, F on a, su ject to all of the conditions of the Plat and Street Committee as set forth in Exhibit "A" attached hereto, and accepting the dedications shown on said plat; accepting the covenant to run with the land postponing the immediate construction of certain improvements until required by the Department of Public Works; authorizing and directing the City Manager and the City Clerk to execute the plat; and providing for the recordation of said plat in the Public Records of Dade County, Florida. COM+iISSION DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Co mission 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 this portion of the Agenda; accordingly, no member of the public may address the City Commission during this time. 6. As per Commission direction at its meeting of January 14, 1993, discussion concerning problems at arki_n,mieters in the median between SE Street and ME 6 Street on Biscayne Sou eva PAGE 4 JANUARY 28, 1993 R-93-59 MOVED PLUMMER SECONDED: DAWKINS ABSENT : DE YURRE DISCUSSED (RESCHEDULED FOR NEXT AGENDA) 'D COMMISSION DISCUSSION ITEMS CONT 7. As per Commissioner Plummer's request, discussion concerning the General Employees and Sanitation Employees'Retirement Trust Fund. ENO OF N DISCUSSION ITEMS PUBLIC DISCUSSION ITEMS NOTE: Legislation may result from City Commission consideration of any Public Discussion Item. 8. As per Commission direction at its meeting of January 14, 1993, discussion relating to vehicular P—ursu—it . 9. As per Commission direction at its meeting of January 14, 1993, discussion relating to lateral vascular restraint. ENO OF PUBLIC DISCUSSION ITEM PAGE 5 JANUARY 28, 1993 SCHEDULED FOR FEBRUARY 25, 1993 DEFERRED MOVED : PLUMMER SECONDED: DAWKINS UNANIMOUS DISCUSSED a PART B - PUBLIC HEARINGS -- THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE ITEM PZ 1 RESOLUTION - [J-93-37(a) & J-93-37(b)] REQUEST Appeal of Zoning Board's Decision LOCATION 121-123 NW 56 Court El 4:00 APPLICANT(S): Digmory Rocio Diaz & Edilma Ccstano APPELLANT S : Digmory Rocio Diaz & Edilma Casano AGENT($) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Motion to approve failed vote: 4-4 constituting a denial. COMMENTS: Appeal of Variances denied by the Zoning Board. 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-2 Two -Family Residential, Permitted Principal Uses, to allow a rear yard setback of 10'-0" (20'-0" required), 59% of paved area [40% of the total area of the required yard, maximum payed area allowed, according to Section 908.10.1(b)], and to allow a proposed parking stall at the front property line without the 1' -6" required by Section 908.10, for an existing addition to a duplex residence. NOTES: N/A PAGE G JANUARY 28, 1993 kPPEAL GRANTED t-93-65 ',REVERSED ZONING BOARD'S )ECISION) (AS MODIFIED) MOVED : DAWKINS SECONDED: ALONSO UNANIMOUS SEE RELATED K-93-65.1 KOVED DAWKINS SECONDED: ALONSO JNANIMOUS ITEM PZ REQUEST 2 RESOLUTION - [J-93-36(a) & J-93-36(b)] Appeal of Zoning Board's Decision •LOCATION : 4675 NW 7 Street APPLICANT S : Portofino III, Inc., Owner APPELLANT S : Jorge Artiles, Agent AGENT(S) : Jorge Artiles RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: 7-0 COMMENTS: Appeal of Variance denied by the Zoning Board. The Zoning Board denied the 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 side yard setback of V -5" W -0" required) for an existing addition to a commercial structure. NOTES: N/A PAGE 7 JANUARY 28, 1993 APPEAL GRANTED R-93-63 (AS MODIFIED) (REVERSED ZONING BOARD'S DECISION) MOVED : DE YURRE SECONDED: PLUMMER NOES : ALONSO 0 ITEM PZ 3 RESOLUTION - (J-93-56) REQUEST To review the landscaping plan of development within the SD-13 Zoning District -LOCATION : 2804 Bird Avenue APPLICANT S : Carolyn B. Meredith APPELLANt S : N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG 5 ZONING: PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/A COMMENTS: To review the landscaping plpn as required for the Class II Special Permit according to Section 613.3 of Zoning Ordinance No. 11000, for development within the SD-13 SW 27th Avenue Gateway District. u NOTES: N/A PAGE 8 JANUARY 28, 1993 R-93-64 MOVED PLUMMER SECONDED: ALONSO UNANIMOUS a THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PH ITEM PZ 4 SECOND READING ORDINANCE - (J-92-532) REQUEST : To amend Ordinance No. 10544 from Duplex Residential to Restricted Commercial, to change the Future Land Use Element of th4 Comprehensive Plan LOCATION Approximately 3711 Ski 26 Terrace APPLICANT S : Bonzo Enterprises, Inc. APPELLANT S�: N/A AGENT(S) : Alexander Fernandez RECOWENDATIONS: PLANNING, BLDG b ZONING: Denial. PLANNING ADVISORY BOARD: Mfotion tonapprove g a Vote: 3-6 ed denial. HISTORIC PRESERVATION BOARD: N/A PLAT b STREET COMMITTEE: N/A ZONING BOARD: See PZ-5 Vote: N/A COMMENTS: Consideration of amending Ordinance No. 10544, as amended, Miami Comprehensive.Neighborhood Plan 1989-2000, Future Land Use Plan Map, by changing the land use designation of the subject proPert from Duplex Residential to Restricted Commercia11 This application is a small scale Comprehensive Plan Amendment which will be subject to subsequent review by the Florida Department of Community Affairs. NOTES: COMPANION TO PZ-5. CONTINUED FROM CC 7/16/92, CC 9/24/929 CC 10'22/92 AND CC 11/12/92. FIRST READING 12/10 2,-MOVED: DE YURRRRE, SECOND: ALOSO, ABSEN : DAMKINS. PAGE 9 JANUARY 281 1993 ORDINANCE 11035 (AS MODIFIED) MOVED : DE YURRE SECONDED : ALONSO ABSENT : PLUMMER Although absent during €oU Comm. P111mmar requested of the CierK to ne shown as being in agreement with the motion. s ITEM PZ 5 SECOND READING ORDINANCE - (J-92.533) To amend Ordinance No. 11000, from R-2 REQUEST Two. -Family Residential to C-1 Restricted Commercial, to change the Zoning Atlas -LOCATION s Approximately 3711 SW 26 Terrace APPLICANT S : Sonzo Enterprises, Inc. APPELLANTS; : N/A Fernandez AGENT(S) : Alexander RECONMENDATIONS: PLANNING, RLDG & ZONING: Denial. PLANNING ADVISORY BOARD: See PZ-4 Votes N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Approval.Vote: 7-0 COWENTS: Change of Zoning classification as listed in the Official Zoning Atlas -Of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 41 Section 401, ScheTwo-dule of District Regulations, from Residential to C-1 Restricted Commercial. The change in the Zoning Atlas could be necessary to make it admetrequestednthe preceding cmenntwith the it ure Land Use Element item. r 4! / } NOTES: COMPANION TO PZ-4. CtNITINUED ifROM CC 7 15 92, C O 22 92 AND CC 11 12/92. FIRST i 9/24/92, CC i / !j READING 12/10 2, NAYED: DE YU RE, SECOND: !i ALONSO, ABSEN DAii1�INS. PAGE 10 JANUARY 28, 1993 1RDINANCE 11036 LOVED : DE YURRE SECONDED: ALONSO LBSENT : PLUMMER Although absent during roll CMI requests of the Jerk M be shown as being in agreement with the motion. TEi4 PZ 6 FIRST READING ORDINANCE - (J-93-57) RE ST : To amend Ordinance No. 10544 from Single Family Residential to Restricted Commercial, to change the Future land Use Element of the Comprehensive Plan LOCATION ON /1691 S.W. 14 Terrace 14S.W. 17 Avenue -and APPLICANT(S): NJ. & L.H. Frank, Exposito & Sanders APPELLANT (S) : N AGENT(S) : V\800AR ez REC"ENDATIONS: PLANNING, BLDGDenial. PLANNING ADVISDenial. Votes 7-2 HISTORIC PRESERVATION BOAR N/A PLAT & STREET COMITTEE: N/A ZONING BOARD: See PZ-7 Vote: N/A C"ENTS : Consideration of amending din ance 11144, as amended, the Miami Comprehen ive Neighborhood Plan 1989-2000, Future Land Plan Map, by changing the land use designat of the subject property from Single Family Reslicntion is a Restricted Commercial. This tial to app small scale Comprehensive Plan Amen nt which will be subject to subsequent review the Florida Department of Community Affai MOTES: THIS ITEM IS A COMPANION! TO PZ-7 PAGE 11 JANUARY 28, 1993 DENIED BY M-93-66 MOVED SUAREZ SECONDED: DAWKINS UNANIMOUS PAGE 11 JANUARY 26, 1993 a —_ I � pt i FIRST READING ORDINANCE - (J-43-Ei0) DENIED BY —A :� REV ST To amend Ordinance No from R-1 : 11000 � Single Fatuity Residential to C-1 Restricted M-9 3- 67 MOVED DAWKINS SECONDED: DE YURRE - Commercial. UNANIMOUS LOCATION 1415 SW 17 Avenue/1691 SW 14 Terrace and 1401 SW 17 Avenue APPLICANT S B. & L.H. Frank, Exposito & Sanders APPELLANT(S;: N/A - AGENT(S) Virgi io Peru RECOMMENDATIONS: PLANNING, BLDG & ZONI Denial. PLANNING ADVISORY BOARD: ee PZ-6 Vote: N/A HISTORIC PRESERVATION BOARD: A PLAT & STREET COMMITTEE: N/A —= ZONING BOARD: !Motion to approve sled, constituting a denia Vote: 4-4 ,: COMMENTS: Change of Zoning ciassificati as listed to the Official Zoning Atlas -of Ordina a No. 11000, as =; amended, the Zoning Ordinance of a City of Miami, Article 40 Section 401, Sch ule of District Regulations, from R-1 Singl Famil Residential to C-1 Restricted Commerc i. The _ -+ change in the Zoning Atlas would be nec sary to make it consistent with the Future Land Element amendment requested in the precedi item. —� NOTES: THIS ITEM IS A MANION TO PZ-6 - k4 — F t 1 PAGE 13 JANUARY 28, 1993 J. ITEM PZ 8 RESOLUTION [J-93.47(a) & J-93-47(b)] APPEAL DENIED R-93-68 REQUEST : Appeal of Zoning Board's Decision ( UPHELD ZONING BOARD'S DECISION) MOVED : ALONSO _ SECONDED : PLUMMER - 'LOCATION 801 NW 37 Avenue ,ABSENT : SUAREZ APPLICANT(S): Joseph Rocco, Owner APPELLANT(S): Alejandro Enriquea, Billiards-Yards,Inc. AGENT(S) Lucia A. Dougherty, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval with conditions. PLANNING ADVISORY BOARD: N/A Vote: N/A =� HISTORIC PRESER;fATION BOARD: N/A PLAT & STREET COWITTEE: N/A ZONING BOARD: Denied. Vote: 8-0 COMMENTS: Appeal of Special Exception denied by the Zoning Board. The Zoning Board denied the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 48 Section 401, Schedule of — District Regulations, C-1 Restricted Co=ercial, Conditional Principal Uses, to allow a bar and pool room subject to a Variance to waive 37 of 198 required parking spaces. J� _j -! MOTES: THIS ITEM IS A COMPANION TO PZ•9- a� ------------------- 0 ITEM PZ 9 RESOLUTION - [J-93-46(a) & J-93-46(b)] REQUEST : Appeal of Zoning Board's Decision 'LOCATION : 801 NW 31 Avenue APPLICANT S : Joseph Rocco, Owner APPELLANT S�: Alejandro Enriquez, Billiars•Yards, Inc. AGENT(S) : Lucia A. Dougherty, Esq. RECOMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: 8-0 COMMENTS: teal of Variance denied by the Zoning Board. Zoning Board denied the Variance from Ordinance No. 110001 as amended, the Zoning Ordinance of the City of Miami, Article 4. Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal Uses, to waive thirty seven (37) of one hundred and ninety eight (198) total parking spaces required for the existing shopping center at the above location, as a result of the proposed bar and pool room to be allowed by Special Exception. NOTES: THIS ITEM IS A COWANION TO PZ-8. PAGE 14 JANUA!RY 28, 1993 APPEAL DENIED R-93-69 (UPHELD ZONING BOARD'S DECISION) MOVED : ALONSO SECONDED : DE YURRE UNANIMOUS ITEM PZ 10 RESOLUTION - [J-93-48(a) 8 J-93-48(b)j REQUEST Appeal of Zoning Board's Decision LOCATION : 1751 SW 8 Street APPLICANT(S�: Paul Jeremie, Owner APPELLANT S : Francisco Hidalgo, Agent AGENT(S) : Francisco Hidalgo RECOMMENDATIONS: PLANNING, BLDG 8 ZONING: Denial. PLANTING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT 8 STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: N/Ai Vote: 8-01 COMMENTS: Appeal of Special Exception denied by the Zoning Board. The Zoning Board denied the Special Exception as listed in Ordinance No. 11000, as amended, the Zoninq Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, Conditional Principal Uses, to allow a beer and wine bar. NOTES: N/A PAGE 15 JANUARY 28, 1993 APPEAL DENIED R-93-70 (UPHELD ZONING BOARD'S DECISION) MOVED PLUMMER SECONDED ALONSO UNANIMOUS ITEM PZ 11 RESOLUTION - [J-93-34(a) &J-93-34(b)j REQUEST : Appeal of Zoning Board's Decision LOCATION : U.S. 1 and 21th Avenue APPLICANT(S): Resolution Trust Corp. APPELLANT(S): J.Confalone, N.Grove 6 C.Grove Sta. Apts. AGENT(S) : John G. Fletcher, Esq. RECOMMENDATIONS: PLANNING, BLDG A ZONING: Approval. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD; ect to conditdr2�ul2 ionsofmemoof/4/92. Vote: 6-2 COMMENTS: Appeal of 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 9, Section 917.9 joint Parkingoint Facilities for Contiguous Uses, t Permit parkin facility as proposed on Sites 1, 2, and 3, sublect to replatting. NOTES: THIS IS A COMIPANION ITEM TO PZ-12. PAGE 16 JANUARY 28, 1993 CONTINUED TO MARCH 25, 1993 MOVED : DAWKINS SECONDED: PLU14MER UNANIMOUS ITEM PZ 12 RESOLUTION - [J-93-33(a) & J-93-33(b)] REQUEST : Appeal of Zoning Board's Decision LOCATION U.S. 1 and 21th Avenue APPLICANT(S): Resolution Trust Corp. ARPELLANT(S): J.Confalone, N.Grove & C.Grove Sta. Apts. AGENT(S) : John G. Fletcher, Esq. RECOWENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: N/A Vote: N/A' HISTORIC PRESERVATION BOARD: N/A PLAT & STREET CObMITTEE: N/A ZONING BOARD Granted conditions of 2�subject ofmemoof12/4/92. Vote: 6-2 COMMENTS: Appeal of 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 6, Section 611. SD-11 Coconut Grove Rapid Transit District, Subsection 611.4.1.4, Permitted Principal Uses and Structures, to permit a Gasoline Station. NOTES: THIS ITEM IS A COMPANION TO PZ-11. PAGE 11 JANUARY 28, 1993 CONTINUED TO MARCH 25, 1993 MOVED : DAWKINS SECONDED: PLUMMER UNANIMOUS . ITEM PZ 13 RESOLUTION - [J-93-39(a) & J-93-39(b)] REQUEST Appeal of Zoning Board's Decision LOCATION : 3036 Grand Avenue APPLICANT(S): Richard Peacock, Owner APPELLANT S : Kenneth Eldridge, Agent AGENT(S) : Lucia A. Dougherty, Esq. RECOMMENDATIONS: PLANNING, BLDG 3 ZONING: Denial. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE: N/A ZONING BOARD: Motion to approve failed constituting a denial. Vote: 4-4 COMMENTS: Appeal of Variance denied by.the Zoning Board. The Zoning Board denied the Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602, SD-2 Coconut Grove Central Cowwrcial District, to waive ten (10) of ten (10) required offstreet parking spaces for the existing restaurant (Johnny Rockets). NOTES: NIA PAGE 18 JANUARY 28, 1993 CONTINUED TO MARCH 25, 1993 LOVED : PLUMMER SECONDED: ALONSO UNANIMOUS M ITEM PZ 14 RESOLUTION - [J-92-703(a) a J-92-703(b)] REQUEST : Appeal of Zoning Board's Decision LOCATION : 2957 Florida Avenue APPLICANT(S): Carlo Fontanesi, Owner APPELLANT S : Carlo Fontanesi AGENT(S) : Louis J. Terminello, Esq. RECOMMENDATIONS: PLANNING, BLDG & ZONING: Denial. PLANNING ADVISORY BOARD: N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT 6 STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: B-0 COMMENTS: Me eal of Variance denied by the Zoning Board. i Zoning Board denied the Variance from Ordinance No. 11000, as amended. the Zoning Ordinance of the City of Miami, Article 6, Section 602, SO-2 Coconut Grove Central Commercial District, to waive forty-five (45) of forty-five (45) required offstreet parking s aces for the existing restaurant (Tula Ristorantel. NOTES: CONTINUED TO CC 1/26/93 FROM CC 11/12/92. PAGE 19 JANUARY 28, 1993 CONTINUED TO MARCH 25, 1993 MOVED : PLUMMER SECONDED: ALONSO UNANIMOUS U ITEM PZ 15 RESOLUTION - [J-92-704(a) 6 J-92-704(b)] REQUEST : Appeal of Zoning Board's Decision LOCATION : 3145 Commodore Plaza APPLICANT(S)-, Walter S. Falk, Owner APPELLANT S : Juan Valverde Juan Valverde g uez AGENT(S) Dominguez RECOMMENDATIONS: PLANNING, BLDG a ZONING: Denial. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: N/AI Vote: 8-01 COMMENTS: Appeal of Variance denied by -the Zoning Board. The Zoning Board �de0ni�s the Variance Zoning Ordinance No. Ordinance of the City of Miami, Article 6, Section 602, SO-2 Coconut Grove Central Commercial District, to waive nineteen (19) of nineteen (19) required offstreet parking spaces for the existing restaurant (Trattoria Pampered Chef). NOTES: CONTINUED FROM CC 10/22/92. CONTINUED TO CC 1/28/93 FROM CC 11/12/92. PAGE 20 JANUARY 28, 1993 CONTINUED TO MARCH 25, 1993 MOVED : PLUMMER SECONDED: ALONSO UNANIMOUS E9 �1y ITEM PZ 16 FIRST READING ORDINANCE - (J-93-60) REQUEST : To amend Zoning Ordinance No. 11000 Text LOCATION : Amendment to Article 6, Sections 602 and 617; and Article 25 of Zoning Ordinance 11000 k9c APPLICANTS : City of Miami Planning, Building and Zoning APPELLANT(Si: N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG b ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: 8-01 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/A COMrtENTS: Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami by amending Article 6 and Article 25, to add provisions regarding floor area calculations to be used for parking requirements and a procedure to pereit payment of a fee in lieu of providing required parking. NOTES: THIS IS A COMPANION ITEM TO PZ-17 & PZ-18- PAGE 21 JANUARY 28, 1993 CONTINUED TO FEBRUARY 25, 1993 AT 6:00 PM BY M-93-71 MOVED DAWKINS SECONDED: DE YURRE UNANIMOUS ri ITEM PZ 17 FIRST READING ORDINANCE - (J-93-63) REQUEST To amend the Code of the City of Miami LOCATION : N/A APPLICANT S : City of Miami Planning, Building and Zoning APPELLANT �S�: N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, SLOG 6 ZONING: Approval. PLANNING ADVISORY BOARD: Approval subject to Modifications. Vote: 8-0 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: h/A, COMMENTS: Consideration of amending Chapter 35 of the Code of the City of Miami,•entitled "Motor Vehicles and Traffic" by adding a new Article VIII entitled "Coconut Grove Parking Improvement Trust Fund" describing the purposes for which such fund is established, deposited and spent. NOTES: THIS IS A COMPANION ITEW TO PZ-16 8 PZ-18. PACE 22 JANUARY 28, 1993 CONTINUED TO FEBRUARY 25, 1993 AT 6:00 Phi — M-93-71 MOVED DAWKINS --- SECONDED DE YURRE -- UNANIMOUS '� ITEM PZ 18 FIRST READING ORDINANCE - (J-93-64) REQUEST : To amend the Code of the City of Miami LOCATION : Amendment to Chapter 54 of the City Code. APPLICANT S : City of Miami Planning, Building and Zoning APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. HISTORIC PRESERVATION BOARD: N/A PLAT A STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: Vote: N/ COMMENTS: Consideration of amending Chapter 54 of the City Code entitled "Streets and Sidewalks" by amendin Article VI, Sidewalk Cafes to permit new sidewal cafes in conjunction with "Food Establishments - Take Out Only" provided that off-street parking is either provided or a fee in lieu of parking i paid. !TOTES: THIS IS A COMPANION ITEM TO PZ-16 i PZ-17. PAGE 23 JANUARY 28, 1993 CONTINUED TO FEBRUARY 25, 1993 AT 6:00 P.M. BY M-93--71 MOVED : DAWKINS SECONDED : DE YURRE UNANIMOUS ITEM PZ 19 FIRST READING ORDINANCE - (J-93-59) REQUEST To amend Zoning Ordinance No. 11000 Text LOCATION The Latin Quarter section of the Pequena Habana Neighborhood. APPLICANTS): City of Miami Planning, Building and Zoning APPELLANTS): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: 7-1 Vote: NIA C CENTS: Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending: Article 6, SD Special Districts, General Provisions, Section 614. SO-14, 14.1, 14.2 Latin Quarter commercial residential and residential district %amending the text to reflect modifications andmitations in the Permitted Principal Uses and Structures, Conditional Principal Uses and Permitted Accessory Uses, proposed sign limitations and special permits. NOTES: THIS IS A COMPANION ITEM TO PZ-20 & PZ-21. PAGE 24 JANUARY 28, 1993 CONTINUED BY M-93-72 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS ITEM PZ 20 FIRST READING ORDINANCE - (J-93-58) REQUEST To amend Ordinance No. 11000 Zoning Atlas LOCATION The Latin Quarter section of the Pequena Habana neighborhood. APPLICANTS): City of Miami Planning, Building and Zoning APPELLANTS): N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: 7-1 HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/N COMMENTS: Consideration of amending the Zoning classification in the Official Zoning Atlas of Zoning Ordinance 11000, as mended, the Zoning Ordinance of the City of Mimi for the SD-14, 14.1 and 14.2 Latin Quarter . commercial -residential and residential district to reflect a deletion of the SD-14.1 Commercial - Residential District and changinID-14.1 the SO-14.2 Residential district to read as Residential District. NOTES: THIS IS A COMPANION ITEM TO PZ-19 & PZ-21. PAGE 25 JANUARY 28, 1993 CONTINUED BY M-93-72 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS z ITEM PZ 21 FIRST READING ORDINANCE - (J-93-61) REQUEST : To amend Zoning Ordinance No. 11000 Text LOCATION : Amendment to Article 6, Sec. 614, of Zoning Ordinance 11000. APPLICANT S : City of Miami Planning, Building and Zoning APPELLANTS,: N/A AGENT(S) : N/A REC"ENDAT IONS : PLANNING, BLDG 4 ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: B-0 HISTORIC PRESERVATION BOARD: N/A PLAT $ STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Ordinance 11000 by amending: "Article 6,•Special Districts General Provisions", to allow auto care service centers by Special Exception in the SD-14 and 14.1 districts and amending the definition of auto care service center to exclude the dispensing of fuels. NOTES: THIS IS A COMPANION ITEM TO PZ-19 A PZ-20. PAGE'26 JANUARY 28, 1993 CONTINUED BY M-93-72 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS ITEM PZ 22 REQUEST LOCATION 0 SECOND READING ORDINANCE - (J-92-415) : To amend Zoning Ordinance No. 11000 Text : N/A N APPLICANTS : City of Miami Planning, Building and Zoning APPELLANT(S�: N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG 5 ZONING: Approval. PLANNING ADVISORY BOARD: Motion to approve failed, constituting a Vote: 2-7 denial. HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COWITTEE: N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Ord. No. 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Art. 9, General and Supplementary Regulations, Sec. 908.10 to provi minimum landscaping requirements in one -family, taro -family and multi -family residential districts. NOTES: FIRST READING 9/24/92, MOVED BY PLUMMER, SEC. BY ALONSO,YES: SUARREZ, DE YURRE.ABSENT: DAWKINS.CONTINUED FROM CC 6/11/92, 7/16/920 10/22/921 11/12/92, 12/10/9 . PAGE 27 JANUARY 28, 1993 CONTINUED BY M-93-72 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS 7 ITEM PZ 23 SECOND READING ORDINANCE - (J-92-696) REQUEST To amend Zoning Ordinance No. 11000 Text LOCATION : N/A APPLICANT S : City of Miami Planning, Building and Zoning APPELLANT �S�: N/A AGENT(S) : N/A RECOMMENDATIONS: PLANNING, BLDG & ZONING: Approval. PLANNING ADVISORY BOARD: Approval. Vote: 1-0 HISTORIC PRESERVATION BOARD: N/A PLAT b STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Articles 13, 19 and 21 of Zoning Ordinance No. 11000 to provide implementation of conditions in variances, special exceptions and covenants by threatening revocation of the permissions. NOTES: THIS IS A COMPANION ITEM TO PZ-24. PASSED ON FIRST READING 12 10/92, MOVED BY DANKINS, SECONDED BY: PLUMMERe ABSENT: DE YURRE. PAGE 28 JANUARY 28, 1993 CONTINUED BY M-93-72 MOVED PLUMMER SECONDED: DE YURRE UNANIMOUS PAGE 29 JANUARY 28, 1993 _ ITEM PZ 24 SECOND READING ORDINANCE - (J-92-855) CONTINUED BY _ REQUEST To amend the Code of the City of Miami M-9 3- 72 MOVED PLUMMER - � SECONDED: DE YURRE UNANIMOUS LOCATION : N/A APPLICANTS City of Miami Planning, Building and Zoning = APPELLANT(S;: N/A �: AGENT(S) N/A � RECOMMENDATIONS: PLANNING, BLDG b ZONING: Approval. _- PLANNING ADVISORY BOARD: Approval. _ Vote: 7-0 HISTORIC PRESERVATION BOARD: N/A _ PLAT & STREET COMMITTEE: N/A ZONING BOARD: N/A Vote: N/A - COMMENTS: Consideration of amending Chapter 62 of the City — Code authorizing the Zoning Board to rescind, - modify or change any resolution granting a special permit, special exception or variance if — there is a violation of conditions or W — restrictions of the previously approved - resolution. -r -4- NOTES: THIS IS A COMPANION ITEM TO PZ-23. PASSED ON FIRST READING 12 10/92, MDVED BY: DAWKINS, _ SECONDED BY: PLUMMER. ABSENT: DE YURRE. A M THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM ITEM PZ 25 RESOLUTION - jJ-93-49(a) i J-93-49(b)] REQUEST Appeal of Zoning Board's Decision LOCATION : 1101 SW 22 Street APPLICANT(S): Jose Valle/ Gull House #4 Ltd., Owner APPELLANT S : Burger King Corp. AGENT(S) : Mario Flores, Burger King Corp. RECOMMENDATIONS: PLANNING, BLDG S ZONING: Approval with conditions. PLANNING ADVISORY BOARD: N/A HISTORIC PRESERVATION BOARD: N/A PLAT & STREET COMMITTEE: N/A ZONING BOARD: Denied. Vote: NIA Vote: 7-01 COMMENTS: Appeal of Variance denied by the Zoning9 Board. The Zoning Board denied the 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 6% or 4,214 sq. ft. of green space (10% or 6,958.2 sq. ft. minimum required) for the construction of a fast food restaurant (Burger King). _.. NOTES: N/A PAGE 30 JANUARY 28, 1993 CONTINUED TO FEBRUARY 25, 1993 MOVED : DAWKINS SECONDED: ALONSO UNANIMOUS