HomeMy WebLinkAboutCC 1993-10-21 Marked AgendaMAYOR
• VICE MAYOR
COMMISSIONER
COMMISSIONER
COMMISSIONER
XAVIER L. sUAREZ
VICTOR H. DE YURRE
DR. MIRIAM ALONSO
MILLER J. DAWKINS
J.L. PLUMMER, A.
CITY MANAGER CESAR H. ODIO
CITY COMMISSION AGENDA
MEETING DATE: OCTOBER 21, 1993 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 T4E CITY CLERK,
CITY HALL
PLANNING A ZONING
CITY COMMISSION MEETING
* * THIS MEETING SHALL CONVENE AT 4:00 PIN
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 of deliberations on the agenda item being considered
at 9:DO PM. (Resolution No. 87-115)
FOR MOTIONS AND RESOLUTIONS WHICH DO NOT APPEAR IN
THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S
REPORT, ATTACHED HERETO.
PART "A": NON -PLANNING & ZONING ITEMS
BEGINNING AFTER 4:00 PM: ITEMS 1 THROUGH 6
PART "B": PLANNING & ZONING ITEMS
BEGINNING AFTER 5:00 PM: ITEMS PZ-1 THROUGH PZ-10
BEGINNING AFTER 6:00 PM: ITEMS PZ-11
PART "A"
4:00 PM INVOCATION AND PLEDGE OF ALLEGIANCE
A. PRESENTATIONS & PROCLAMATIONS
NOTE: Items 1 through 6 may be heard in the :
%pnupnr_e nr a5 announced by the Coemis—` s 0
ORDINANCES - SECOND READING
NOTE: Any proposed ordinance listed as an item for
second reading on this section may be adopted as
an emergency measure, upon being so determined by
the City Commission.
1. SECOND READING ORDINANCE - (J-93-272)
Amending Article IV, Pension and Retirement of
tfie Code of the City of Miami, Florida, as
amended', by establishing and creating Division
III, Section 40-250, et seq, pursuant to Section
112.048 of the laws of the State of Florida
creating a s stem of retirement for elected
officials o have held an elective office or t o
R
of Miami, Flori a, or a period of twenty
or more consecutive ears; containing as
repealer pr07151on and a severs lity clause and
providing for an effective date.
Date of First Reading: May 13, 1993
Moved Comm Dawkins
Second Comm De Yurre
(N) Mayor Suarez
Abstain Comm Plummer
PAGE 2
OCTOBER 21, 1993
DELIVERED
SEE SUPPLEMENTAL AGENDA
BRIEFLY DISCUSSED AND
WITHDRAWN BY
ADMINISTRATION
'.�
NOTE: Items 2 through 6 are scheduled at the request of
the City Commission at their meeting of October
14, 1993.
RESOLUTIONS
Department of Development and Housing Conservation
2. RESOLUTION - (J-93-715) - (REJECTING THE PROPOSAL
SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD)
Rejecting the proposal submitted by Lighthouse
Marina and Boatyard at Dinner Key Inc. for the
arina property located a
rive, Miami, Florida.
Office of Asset and Grant Manaaement
snore i
3. RESOLUTION - (J-93-693) - (AUTHORIZING TO EXECUTE
AMENDMENT NO. 1 TO THE MANAGEMENT AGREEMENT)
Authorizing the City Manager to execute Amendment
No. 1 to the Management Agreement, in
substantially the attached form, between the City
of Miami and Boat Yard Management Company, Inc.
er the manaaement. maintenance. and operation of
Citv-owned property known as the u9nner Key spat
Yard,. located at 2640 South Bayshore, Drive,
M al mi, Florida, thereby modifying certain terms
and conditions of said agreement, authorized
pursuant to Resolution No. 92-690, adopted October
22, 1992.
PAGE 3
OCTOBER 21, 1993
DEFERRED BY
M-93-677
MOVED SUAREZ
SECONDED: ALONSO
NOES PLUMMER AND
DE YURRE
M-93-678
MOVED PLUMMER
SECONDED: ALONSO
ABSENT DE YURRE
PAGE 4
OCTOBER 14, 1993
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 natters, 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 :natter in
this portion of the Agenda; accordingly, no member
of the public may address the City Commission
during this time.
4. Discussion regarding N
nwood
Community Economic
DEFERRED
Development Corporation
and the
Wynwood Foreign
MOVED
PLUMMER
Tra a Zone.
SECONDED
ALONSO
UNANIMOUS
5. Discussion regarding status of
the Miami Capital
• DEFERRED
loan to Garces Comme
MOVED
PLUMMER.
SECONDED
ALONSO
6. Discussion regarding the
powers
of the Affirmative
UNANIMOUS
Action Advisory Board.
DISCUSSED
END OF COMMISSION DISCUSSION IT
PAGE 5
OCTOBER 21, 1993
PUBLIC HEARINGS
THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM
ITEM PZ I RESOLUTION - [J-93-562(a) & J-93-562(b)]
REQUEST Appeal of Zoning Board's Decision
LOCATION : 2601 SW 23 Avenue
APPLICANT(S): Jorge Carmenate
APPELLANT(S): Jorge Carmenate
AGENT(S) : N/A
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: Denial of the appeal and
app
PLANNING ADVISORY BOARD: N/Alication.
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
ZONING BOARD: Denied.
0
Vote: 6-3
COMMENTS: 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, R-1 Single
Family Residential, Permitted Principal Uses, to
allow a front yard setback of 2'-0" (20'-0"
required) and a roof overhang 1'-0" from the
front property line (17'-0" minimum distance
required from the lot line) according to Article
9, Section 908.2, for a proposed addition to a
single family residence.
NOTES: CONTINUED FROM CC 9/27/93
APPEAL GRANTED
R-93-690
MOVED DE YURRE
SECONDED: ALONSO
ABSENT : DAWKINS
ITEM PZ 2 RESOLUTION - [J-93-404(a) & J-93-404(b)]
REQUEST Special Exception Requiring City Commission
Approval
LOCATION East Side (E.S.) Biscayne Boulevard between
N.E. 6 Street and N.E. 9 Street
APPLICANT(S): City of Miami Public Works Department
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: 9-0
COMMENTS: Special Exception as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the
City of Miami, Article 4 Schedule of District
Regulations, PR Parks, Recreation and Open Space,
Conditional Accessory Uses, to permit a helistop
with City Commission approval.
NOTES: CCONNTINNUED FROM CC 6/29/931 CC 7/22/93 AND CC
PAGE 6
OCTOBER 21, 1993
SPECIAL EXCEPTION GRANTED BY
R-93-691
MOVED ; DE YURRE
SECONDED: DAWKINS
UNANIMOUS
ITEM PZ 3 RESOLUTION [J-93-733(a) & J-93-733(b)]
REQUEST : Appeal of Zoning Board's Decision
LOCATION : 1825 N. Biscayne Blvd./320'NE 19 Street
APPLICANT(S): Isaac Shih for Miami Chinese Community
Center
APPELLANT(S): Dade Heritage Trust, Inc.
AGENT(S) Alan J. Kan, Esq. for Miami Chinese
Community Center
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: Approval of the appeal.
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
ZONING BOARD: Granted the appeal and reversed Z.
Administrator's decision.
Vote: 7-1
COMMENTS: 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 the March 22,
1993 decision of the Zoning Administrator,
Ordinance 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. 92-0006777, No.
92-0020432 and No. 93-5004911, resulting from the
failure of applicant to meet the conditions
established on the recorded covenants 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 6/24/93
PAGE 7
OCTOBER 21, 1993
CONTINUED TO.
NOVEMBER MEETING
MOVED : ALONSO
SECONDED: DAWKINS
ABSENT : PLUMMER
ITEM PZ 4 SECOND READING ORDINANCE - (J-93-517)
REQUEST To amend Chapter 62 of the Code of the City
of Miami
LOCATION : N/A
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
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
COMMENTS: Consideration of amending Chapter 62, Section
62-52 of the City Code to allow six (6) absences
instead of five (5) prior to removal of members
from the Planning Advisory Board.
NOTES: PASSED ON FIRST READING 7122/93, MOVED BY
DAWKINS, SECONDED BY PLU44ER, UNANIMOUS.
CONTINUED FROM CC 9/27/93
PAGE 8
OCTOBER 21, 1993
ORDINANCE 11097
MOVED : PLUMMER
SECONDED: ALONSO
UNANIMOUS
ITEM PZ 5 FIRST READING ORDINANCE - (J-93-514)
REQUEST To amend Zoning Ordinance No. 11000 Text
LOCATION SD-21 Silver Bluff Commercial Overlay
District
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
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
COMMENTS: An Ordinance amending Ordinance 11000, as
amended, the Zoning Ordinance of the City of
Miami by amending Article 6 Special Districts to
add a new Special District SD-21 Silver Bluff
Commercial Overlay District to add regulations
for parking in the Silver Bluff commercial
district.
NOTES: THIS IS A COMPANION TO ITEM PZ-6 & PZ-7.
CONTINUED FROM CC 9/27/93
PAGE 9
OCTOBER 21, 1993
FIRST READING
MOVED : DE YURRE
SECONDED: ALONSO
ABSENT : DAWKINS
ITEM PZ 6 FIRST READING ORDINANCE - (J-93-511)
REQUEST To amend Zoning Ordinace No. 11000 Atlas
LOCATION SD-21'Silver Bluff Commercial Overlay
District
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
APPELLANT(S): N/A
AGENT(S) : N/A
RECOMMENDATIONS:
PLANNING, BLDG A ZONING: Approval.
PLANNING ADVISORY BOARD: Approval.
Vote: 9-0
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
ZONING BOARD: N/A
COMMENTS: Consideration of amending the Zoning Atlas of
Zoning Ordinance 11000 to add a special zoning
overlay to the Silver Bluff Commercial District.
NOTES: THIS IS A COMPANION TO ITEMS PZ-5 & PZ-7.
CONTINUED FROM CC 9/27/93
PAGE 10
OCTOBER 21, 1993
FIRST READING
MOVED :PLUMMER
SECONDED:ALONSO
UNANIMOUS
ITEM PZ 7 FIRST READING ORDINANCE - 0-93-512)
REQUEST To amend Chapter 35 of the Code of the City
of Miami
LOCATION : N/A
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
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
COMMENTS: Consideration of amending Chapter 35 of the City
Code by adding a new Article IX entitled Silver
Bluff Commercial Parking Improvement Trust Fund
for the purposes of establishing requirements and
fees to be paid in lieu of providing required
offstreet parking in the Silver Bluff Commercial
Overlay District.
NOTES: THIS IS A COMPANION TO ITEMS PZ-5 & PZ-6.
CONTINUED FROM CC 9/27/93
PAGE 11
OCTOBER 21, 1993
FIRST READING
MOVED : ALONSO
SECONDED: PLUMMER
UNANIMOUS
ITEM PZ 8 FIRST READING ORDINANCE - (J-93-642)
REQUEST To amend Zoning Ordinance No. 11000 Text
LOCATION : CBD Central Business District
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
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
COMMENTS: An amendment to Article 9, "General and
Supplementary Regulations", Section 939.2
"Limitations of CBD storage facilities." to
permit, by Special Exception, a CBD storage
facility to occupy all of the floor area of an
existing building in the CBD District.
PAGE 12
OCTOBER 21, 1993
FIRST READING
MOVED ALONSO
SECONDED : DE YURRE
UNANIMOUS
ITEM PZ 9 FIRST READING ORDINANCE - (J-93-639)
REQUEST To amend Zoning Ordinance No. 11000 Text
LOCATION : N/A
APPLICANT(S): City of Miami Planning, Building and Zoning
Department
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
COMMENTS: Consideration of amending Articles 4, 5, 6, 9, 17
and 25. In the course of administering the
Zoning Ordinance these imperfections inevitably
become apparent. Periodic review and refinement
of the Ordinance will assist in the evolution of
an Ordinance suited to the unique character of
the City.
PAGE 13
OCTOBER 21, 1993
FIRST READING
MOVED ALONSO
SECONDED ; DAWKINS
UNANIMOUS
ITEM PZ 10 PUBLIC HEARING
REQUEST Per M 93-597 of 9/27/93, a public hearing to
consider public comments on the proposed
Coconut Grove Village Center Traffic
Diversion Plan for the intersection of Main
Hwy, McFarlane Rd and Grand Ave.
LOCATION Intersection of Main Highway, McFarlane Road
and Grand Avenue
APPLICANT(S): City of Miami Public Works Department
APPELLANT(S): N/A
AGENT(S) N/A
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: N/A
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
ZONING BOARD: N/A
COMMENTS: Consideration of public comments on the proposed
Coconut Grove Village Center Traffic Diversion
Plan for the intersection at Main Highway,
McFarlane Road and Grand Avenue. This Traffic
Diversion Plan was presented as a discussion item
on September 27, 1993 by the Coconut Grove
Chamber of Commerce. By Motion 93-597 the
Commission directed the Administration to
schedule a public hearing in the second
Commission meeting in October after 5:00 p.m.
PAGE 14
OCTOBER 21, 1993
PUBLIC HEARING HELD
PROPOSED PLAN DENIED BY
M-93-692
MOVED ALONSO
SECONDED: PLUMMER
NOES : SUAREZ
THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 6:00 PM
ITEM PZ 11
REQUEST
LOCATION
APPLICANT(S):
APPELLANT(S):
RESOLUTION - (J-93-520)
Coconut Grove Planning Study
Coconut Grove area, bounded by Biscayne Bay
to the SE, Rickenbacker Csy. and Federal
Hwy. to the NE, S. Dixie Highway (US 1) to
the NW and the City limits on the W and S
City of Miami Planning, Building and Zoning
Department
NIA
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
COMMENTS: Consideration of designating as a Category "B"
Project the acquisition of planning services for
the Coconut Grove Planning Study, authorizing the
City Manager to advertise for the required
p-ofessional planning services through a Request
for Qualifications; appointing a Certification
Committee of not less than three professionals
qualified in the fields of endeavor or practice
involved in the project from the City's staff;
appointing Sergio Rodriguez, Assistant City
Manager, as Chairman of the Competitive Selection
Committee, all in accordance with City of Miami
Ord. No. 9572 and City of Miami Code Sec.18-52.3.
NOTES: CONTINUED FROM CC 7/22/93 AND CC 9/27/93
PAGE 15
OCTOBER 21, 1993
R-93-693
MOVED
SECONDED:
ABSENT
PLUMMER
DE YURRE
DAWKINS
PRESENTED
PRESENTED
SUPPLEMENTAL AGENDA
PRESENTATIONS
Commission Meeting = October 21, 1993
Resolution to: Royal Poinciana Tree. To recognize the
importance of the Royal Poinciana tree to our
community, aesthetically, environmentally and
historically, as well as its potential economic value
through tourism development.
Proclamation to: Community Education Week. For their
concern and commitment towards the educational well-
being of our citizens.