HomeMy WebLinkAboutCC 1993-11-23 Marked AgendaMAYOR
STEPHEN P. CLARK
VICE MAYOR
VICTOR H. DE YURRE
COMMISSIONER
MILLER J. DAWKINS
COMMISSIONER
WIFREDO (WILLY) GORT
COMMISSIONER
J.L. PLUMMER JR.
CITY MANAGER CESAR H. ODIO
CITY COMMISSION AGENDA
MEETING DATE: NOVEMBER 23, 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 THE CITY CLERK,
CITY HALL
PLANNING A ZONING
CITY C OMMIS S I 0 N MEETING
* * THIS MEETING SHALL CONVENE AT 5:00 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", "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 hatter 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.
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.
PUBLIC HEARINGS
THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM
ITEM PZ ' 1 RESOLUTION - '[J-93-780(a) & J-93-780(b)]
REQUEST : Appeal of Zoning Board's Decision
LOCATION : 1851 SW 36 Avenue
APPLICANT(S): Olga Caripos Aguila
APPELLANT(S): Ofelia Tabares-Fernandez
AGENT(S) : Ofelia Tabares-Fernandez, Appellant
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: Denial of appeal.
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
ZONING BOARD: Denied the appeal.
Vote: 9-0
COMMENTS: Appeal of the decision of the Zoning Board
upholding the Class I Special Permit application
93-0384 approved by the Zoning Administrator on
July 9, 1993 for a proposed swimming pool for a
single family residence, per Article 9, Section
906.6 "Permanent active recreation facilities as
accessary uses in residential districts, special
permits" of the Zoning Ordinance No. 11000; zoned
R-1 Single Family Residential.
PAGE 2
tiOVEMBER 23, 1993
APPEAL DENIED.(UPHELD
ZONING BOARD'S DECISION)
R-93-753
MOVED DE YURRE
SECONDED: DAWKINS
NOES : CLARK
ABSENT : PLUMMER
a
0
ITEM PZ 2 RESOLUTION [J-93-733(a) & J-93-733(b)]
REQUEST. Appeal of'Zoning Board's Decision
LOCATION : 1825 N. Biscayne Blvd./320 HE 19 Street
APPLICANT(S): Isaac Shih for Miami Chinese Community
Center
APPELLANTS): 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 6/29/93.CONTINUED
FROM CC 10/21/93 "
PAGE 3
NOVEMBER 23, 1993
CONTINUED TO-
.TANUARY 27, 1994
MOVED : DAWKINS
SECONDED: GORT
ABSENT : PLUMMER
ITEM PZ 3 RESOLUTION - [J-93-781(a) & J-93-781(b)]
REQUEST Appeal of•Zoning Board's Decision
LOCATION : U.S. 1/S.W. 21th Avenue
APPLICANT(S): Resolution Trust Corp./Haven Savings
APPELLANT(S): Robert v. Fitzsimmons
AGENT(S) : Robert V. Fitzsimmons, Appellant
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: Denial of appeal.
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: See package.
ZONING BOARD: Denied the appeal.
Vote: 6-2
COMMENTS: Appeal of the Zoning Board decision that upheld
the Planning, Building & Zoning Director's
decision, per Article 18, Section 1800, of
Ordinance No. 11000, as amended the Zoning
Ordinance of the City of Miami, alleging that the
July 20, 1993 decision allowed the car wash
depicted on the original site plan to be omitted.
PAGE 4
NOVEMBER 23, 1993
CONTINUED TO
DECEMBER 16, 1993
MOVED : DE YURRE
SECONDED: DAWKINS
ABSENT : PLUMMER
0
C` ITEM PZ 4 RESOLUTION - [J-93-570(a) & J-93-570(b)]
REQUEST Appeal of -Zoning Board's Decision
LOCATION 3035-38-42-44-54 McDonald Street and
3023-25-27-31-33-39-45-47-49-71-73 Indiana
Street
APPLICANT(S): Michael Oliver Sr., President
APPELLANT(S): Gold,McClelland.Noward,H.Barton,M.Barton, ,
McC aul#:y,feldkaeep
AGENT(S) Adrienne Friesner Pardo, Esq.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING: Denial of appeal.
4
PLANNING ADVISORY BOARD: N/A
HISTORIC PRESERVATION BOARD: N/A
PLAT & STREET COMMITTEE: N/A
i ZONING BOARD: Granted for 12 mo., and subject to
conditions of PB &Z and PW.
Vote: 8-0
COMMENTS: 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, 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) square feet,
to allow one (1) additional dwelling unit for
each additional two thousand five hundred (2,500)
square feet of lot area, for a total of
twenty-two (22) dwelling units.
PAGE 5
NOVEMBER 23, 1993
APPEAL DENIED,
(UPHELD ZONING BOARD'S
GRANTING OF SPECIAL
EXCEPTION WITH PROVISOS)
R-93-755
(AS MODIFIED)
MOVED : DAWKINS
SECONDED: DE YURRE
ABSENT : PLUMMER
ITEM PZ 5 SECOND 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
APPELLANTS): 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.PASSED ON FIRST READING 10/21/93,MOYED
BY:DEYURRE,SECONDED BY:ALONSO,ABSENT:DAWKINS.
PAGE 6
NOVFXBER 23, 1993
ORDINANCE 11102
MOVED : GORT
SECONDED: DAWKINS
ABSENT : PLUMMER
t1
ITEM PZ 6 SECOND 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 & 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.PASSED ON FIRST READING 10/21/93,MOVED
BY:PLUMMER, SECONDED BY:ALONSO, UNANIMOUS.
PAGE 7
NOVEVBER 23, 1993
ORDINANCE 11103
MOVED : DAWKINS
SECONDED: GORT
ABSENT : PLUMMER
ITEM PZ 7 SECOND READING ORDINANCE - (J-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 ppurposes 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.PASSED ON FIRST READING 10/21/93,MOVED BY:
ALONSO, SECONDED BY:PLUMMER, UNANIMOUS.
PAGE 8
NOVEN,BER 23, 1993
ORDINANCE 11104
MOVED : DAWKINS
SECONDED: GORT
ABSENT : PLUMMER
i
t ITEM PZ 8 SECOND 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
Dep
APPELLANT(S): N�Aartment
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.
PASSED ON FIRST READING 10/21/93, MOVED BY: ALONSO,
SECONDED BY; DE YURRE, UNANIMOUS.
i
PAGE 9
NOVEN.BER 23, 1993
ORDINANCE 11105
MOVED :DAWKINS
SECONDED:DE YURRE
ABSENT :PLUMMER
ITEM PZ 9 SECOND READING ORDINANCE - (J-93-639)
REQUEST To amend toning 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.
PASSED ON FIRST READING 10/21/93, MOVED BY: ALONSO,
SECONDED.BY: DAWKINS, UNANIMOUS.
PAGE 10
NOVEMBER 23, 1993
ORDINANCE 11106
MOVED : DAW'KINS
SECONDED: DE YURRE
ABSENT : PLUMMER