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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.