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HomeMy WebLinkAboutCC 1992-11-12 Marked AgendaMAYOR VICE MAYOR XAVIER L. Sl;,... DR. MfRIAM ALONSO nfi , G� �Y �. ' M�7 � 3 CITY MANAGER CESAIt H. ODIO COMMISSIONER COMMISSIONER COMMISSIONER MILLER 1. DAWKINS VICTOR H. DE YURRE I.L. PLUMMER, IR. ; 11911t $l,,, CITY COMMISSION AGENDA MEETING DATE: NOVEMBER 12, 1992 CITY HALL 35M 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 b Z 0 N I N 6 CITY COMMISSION 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 platter to be considered at this sleeting, 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 MOTIONS AND RESOLUTIONS WHICH DO NOT APPEAR IN THIS PRINTED AGENDA, KINDLY REFER TO THE CITY CLERK'S REPORT, ATTACHED HERETO. 14 PUBLIC HEARINGS THE FOLLOWING ITEMS SHALL NOT BE CONSIDERED BEFORE 5:00 PM ITEM P2 I FIRST READING ORDINANCE - (J-92-532) REQUEST To awend Ordinance No. 10544 from Duplex Residential to Restricted Commercial, to change the Future land Use Element of the Comprehensive Plan LOCATION % Approximately 3711 SW 26 Terrace APPLICANT(S): Bonzo Enterprises, Inc. APPELLANT(S): N/A AGENT(S) Alexander Fernandez RECOMMENDATIONS- PLANNING, BLDG i ZONING : Denial. PLANNING ADVISORY BOARD : Motion to approve failed, constituting a denial vote: 3.6 HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: See PZ-2 Vote: N/A COMMENTS: Consideration of amending Ordinance No. 10544, as amended, Mimi Comprehensive Neighborhood Plan 1989-2000, Future land Use Plan Map, by changing the land use designation of the subject property from Duplex Residential to Restricted Commercial. This application is a small scale Comprehensive Plan Amendment which will be subject to Pubsequent review by the Florida Department of Community Affairs. NOTES% THIS IS A COMPANION ITEM TO PZ-2. CONTINUED FROM CC 7/16/92. AFTER RECONSIDERATION, CONTINUED FROM CC 9/24/92. CONTINUED FROM CC 10/22/92. PAGE 2 NOVEMBER 1"g, 1992 'CONTINUED TO DECEMBER 10, 1993 MOVED : DE YURRE SECONDED : PLUMMER UNANIMOUS H ITEM PZ 2 FIRST READING ORDINANCE - (J-92-533) REQUEST To amend Ordinance No. 11000, from R-2 Two-Fausily kesidautial to C-1 Restricted Coercial, to change the toning Atlasmm 0 LOCATION Approximately 3711 SW 26 Terrace APPLICANT(S): Bono Enterprises, Inc- APPELLANT(Sr: N/A AGENT(S) : Alexander Fernandez RECOMMENDATIONS- PLANNING, BLDG i ZONING : Denial. PLANNING ADVISORY BOARD : See PZ-i Voter N/A HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: Approval. vote: 7.0 COMMENTS: Change of Zoning classification as listed in the Official Zoning Atlas of Ordinance No. 11000, as mended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from R-2 Two -Family Residential to C-1 Restricted Commercial. The change in the Zoning Atlas would be necessary to make it consistent with the Future Land Use Element amendment requested in the preceding item. NOTES: THIS IS A COMPANION ITEM TO PZ-1. CONTINUED FROM CC 7/16/92. AFTER RECONSIDERATION, CONTINUED FROM CC 9/24/92. CONTINUED FRON CC 10122/92. if PAGE 3 NOVEMBER 121 1992 CONTINUED TO DECEMEER 10, 1993 MOVED DE YURRE SECONDED: PLUMMER, UNANIMOUS HM ITEM PZ 3 RESOLUTION - [J•92-704(a) • J-92-M(b)j REQUEST : Appeal of Zoning Board's Decision LOCATION 3145 Commodore Plaza APPLICANT(S): Welter S. Falk APPELWIT(S): Juan Valverde Dominguez AGENT(S) : Juan Valverde Dominguez RECOMMENDATIDNS- PLANNING, BLDG 6 ZONING : Denial. PLANNING ADVISORY BOARD : N/A HISTORIC PRESERVATION BOARD: N/A PLAT b STREET COMMITTEE N/A ZONING BOARD: Denied. Vote: N/A Vote: 8-0 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 6, Section 602, SO-2 Coconut Grove Central Commercial District, to wive nineteen (19) of nineteen (19) required offstreet parking spaces for the existing restaurant (Trattoria Pampered Chef). NOTES: CONTINUED FROM CC 10/22/92. IMAGE 4 NOVEMBER 121 1992 CONTINUED TO JANUARY 28, 1993'- MOVED : ALONSO SECONDED: PLUMMER ABSENT : DE YURRE ITEM PZ 4 RESOLUTION - jJ-92-703(a) i J-92-703(b)] REQUEST Appeal of Zoning Board's Decision LOCATION s 2957 Florida Avenue APPLICANT(S): Carlo Fontanesi APPELLANT(S): Louis J. Terainello, Esq. AGENT(S) Louis J. Terninello, Esq. RECOMMENDATIONS- PLANNING, BLDG i ZONING Denial. PLANNING ADVISORY BOARD : N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: Denied. Vote: 6-0 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 Mimi, Article 5, Section 602, SD-2 Coconut Grove Central Commercial District, to waive forty-five (45) of forty-five (45) required offstrest parking spaces for the existing restaurant (Tula Ristorante). r PAGE 5 NOVEMBER 120 1992 CONTINUED TO JANUARY 28, 1992 MOVED : PLUMMER SECONDED : ALONSO ABSENT : DE YURRE PARE 6 NOVEMBER 12, 1992 1° i r M PZ S SECOND READING ORDINANCE - (3-92-700) ORDINANCE 11022 MOVED : ALONSO s REQUEST To amend Zoning Ordinance No. 11000 Text SECONDED : PLUMMER ABSENT : DE YURRE LOCATION Biscayne Boulevard from approximately N.E. 36th Street to N.E. 87th Street. APPLICANT(S): City of Miami Planning, Building and Zoning Department APPELLANT(S): N/A AGENTS) N/A RECOMMENDATIONS- PLANNING, SLOG i ZONING : Approval. 9-0 PLANNING ADVISORY BOARD ! Approval. vote: HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: N/A vote: N/A COMMENTS: Consideration of amending Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 609, the SD-9 Overlay District amending the text to reflect modifications and limitations in the Permitted Principal and Accessory Uses and Structures, Conditional Principal and Accessory Permitted Uses and proposed sign limitations for the area. . NOTES: THIS IS A COMPANION ITEM TO PZ-6. APPROVED ON FIRST.READING 10/22192. MOVED BY DAWKINS, SECONDED BY DE YURRE. YES: ALONSO, ' PLUMMER, ABSENT: SUAREZ. . ��M ITEM PZ 6 SECOND READING ORDINANCE - (J-92.699) REQUEST To amend Ordinance No. 11000, extending the boundaries of the $0.9 Overlay District, to change the Zoning Atlas LOCATION i Biscayne Boulevard from M.E. 36th Street to N.E. 60th Street and from the Little River Canal to N.E. 92nd Street. APPLICANT(S): City of Miami Planning, Building and Zoning Department APPELLANT(S): M/A AGENT(S) : N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING Approval. PLANNING ADVISORY BOARD Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending the Zoning classification as listed in the Official Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, amending the SD-9 Overlay District to reflect an extension of the district from approximately ME 36th Street to NE 60th Street and from the Little River Canal to NE 82nd Street in what is presently an underlying district of Office and Restricted Commercial uses. NOTES: THIS IS A COMPANION ITEM TO PZ-5. APPROVED ON FIRST READING 10/22/92. MOVED IT DAWKINS, SECONDED BY PLUMMER. YES: DE YURRE; ALONSO, ABSENT: SUAREZ. of PAGE 7 NOVEMBER 121 1992 ORDINANCE 11023 MOVED : ALONSO SECONDED: PLUMMER ABSENT DE YURRE & PLUMMER A ITEM PZ 7 SECOND READING ORDINANCE - (J-92.697) REQUEST To amend Ordinance No. 10544 fro Recreation to Medium Density lultifaaily Residential, to change the Future land Use Element of the Comprehensive Plan LOCATION 229 N.N. 30th Street APPLICANT(S)t City of Miami Development i Housing Conservation Department APPELLANT($): N/A AGENT(S) : N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING : Approval. PLANNING ADVISORY BOARD : Approval. Vote: 9.0 HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Ordinance 10544, as amended, Mimi Comprehensive Neighborhood Plan 1989-2000, Future Land Use Plan Map, by changing the land use designation of the subject property from Recreation to Medium Density Multifamily Residential. This application is a small scale Comprehensive Plan Amendment which will be subject to subsequent review by the Florida Department of Community Affairs. NOTES: THIS IS A COMPANION ITEM TO PZ-8. APPROVED ON FIRST READING 10/22/92. MOVED BY ALONSO, SECONDED BY DE YURRE. YES: SUAREZ, DAWKINS. ABSENT: PLUMMER. PAGE 9 NOVEMBER 121 1992 CONTINUED BY M-92-764 MOVED : ALONSO SECONDED: DAUKINS ABSENT : DE YURRE �q ITEM 0Z B SECOND READING ORDINANCE - (J-92-698) REQUEST To amend Ordinance No. 11000 from PR Parks and Recreation to R-3 Multifamily Nedium-Density Residential, to change the Zoning Atlas LOCATION 229 N.W. 30th Street APPLICANT(S): City of Miami Development i Housing Conservation Department APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING : Approval. PLANNING ADVISORY BOARD : Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending the Zoning classification as listed in the Official Zoning Atlas of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, from PR Parks and Recreation to R-3 Multifamily Medium -Density Residential. The change in the Zoning Atlas would be necessary to make it consistent with the Future Land Use Element amendment requested in the preceding item. NOTES: THIS IS A COMPANION ITEM TO PZ-7- APPROVED ON FIRST READING 10/22/92. MOVED BY ALONSO, SECONDED BY DE YURRE. YES: SUAREZ, DAWKINS, ABSENT: PLUMMER. PAGE 9 NOVEMSER 12, 1092 CONTINUED BY M-92-764 MOVED : ALONSO SECONDED: DAWKINS ABSENT : DE YURRE BN M ITEM Pt 9 SECOND READING ORDINANCE - (J-92-419) REQUEST : To amend Zoning Ordinance No. 11000 Text LOCATION s N/A APPLICANT(S): City of Miami Planning, Building and Zoning Department APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING : Approval. PLANNING ADVISORY BOARD : Motion to approve failed, constituting a denial HISTORIC PRESERVATION BOARD: N/A dotes 2-7 • PLAT S STREET COMMITTEE 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 provide minimum landscaping requirements in one -family, two-family and • multi -family residential districts. eOTES: APPROVED ON FIRST READING 9/24/92. MOVED BY PLUMMER, SECONDED Br• ALONSO, YES: SUAREZ, DE YURRE, ABSENT: DAWKINS. CONTINUED FROM CC 6/11/92. 7/16/92, 1 10/22/92. PAGE 10 NOVEMBER 12, 1992 CONTINUED BY M-92-764 MOVED ALONSO SECONDED: DAWKINS ABSENT : BE YltRRE em ITEM PZ 10 SECOND READING ORDINANCE - (J-92-659) REQUEST : To amend Chapter 14 to change the City Code LOCATION Southeast Overtown/Park West Development of Regional Impact APPLICANT(S): City of Mimi Development i Housing Conservation Department APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS- PLANNING, BLDG S ZONING : Approval. PLANNING ADVISORY BOARD : Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT 3 STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Chapter 14 of the City Code "Definitions", pertaining to implementation of the Southeast Overtown/Park West and Downtown Development of Regional Impact development orders to reflect development order amendments made previously and concurrently herewith. NOTES: APPROVED ON FIRST READING 9/24/92. MOVED BY PLUMMER. SECONDED BY ALONSO, UNANIMOUS. CONTINUED FROM CC 10/22/92. PAGE 11 NOMER 120 1002 CONTINUED BY M-92-764 MOVED : ALONSO SECONDED: DAWKINS ABSENT : DE YURRE ITEM PZ 11 FIRST READING ORDINANCE - (J-92.92.702) REQUEST To amend Ordinance No. IO544 by deleting planning, programming, implementation and funding for the provision of sanitary sewers in South Grove to change the text of the Miami Comp. Neighborhood Plan LOCATION : The southern portion of the Coconut Grove Neighborhood. APPLICANT(S): City of Miami Planning, Building and Zoning Department APPELLANT(S): N/A AGENTS) N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING : Approval. PLANNING ADVISORY BOARD : Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT G STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: Consideration of amending Ordinance 10544, as amended, Mimi Comprehensive Neighborhood Plan 1989-2000, Star, and Sanitary Sewers Element [9J-5.011(2)] and Capital Improvements Element [9J-5.016(3)] by deleting planning, programming, implementation and funding for the provision of sanitary sewers in the southern portion of the Coconut Grove neighborhood, i.e. south of the tine commencing at LeJeune Road and bounded by Loquat. Kumquat. and Marler Avenues (extended), Royal Road. and ending at Biscayne Bay. NOTES: THIS IS A COMPANION ITEM TO PZ-12. CONTINUED FROM CC 10/22/92. PAGE 12 NOVEMBER 12, 1992 FIRST READING MOVED : ALONSO SECONDED: DAWKINS ABSENT DE YURRE & PLUMMER * THIS INSTRUMENT WAS AMENDED ON THE FLOOR PROM FIRST READING ORDINANCE TO A RESOLUTION. RESOLUTION ITEM PZ 12 * nw-REA4 m OR0%NANCE - (J-92-701) REQUEST : To amend Ordinance No. 10038 the Capital Improvement Program, �y deleting funding for sanitary sewers from the southern portion of Coconut Grove, LOCATION The southern portion of Coconut Grove Neighborhood. APPLICANT(S): City of Miami Planing, Building and Zoning Department APPELLANT(S): N/A AGENT(S) N/A RECOMMENDATIONS- PLANNING, BLDG i ZONING : Approval. PLANNING ADVISORY BOARD : Approval. Vote: 9-0 HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE N/A ZONING BOARD: N/A Vote: N/A COMMENTS: To amend Ordinance No. 10938, as amended, the Capital Improvement Program 1991-1997 by deleting project 351174 South Grove Sanitary Sewers, and project 351279 Grove Bay Sanitary Sewers, in the southern portion of the Coconut Grove neighborhood, i.e. south of the line commencing at LeJeune Road and bounded by Loquat, Kumquat, and Marler Avenues (extended) Royal Road, and ending at Biscayne Bay. NOTES: THIS IS A COMPANION ITEM TO PZ-11- CONTINUED FROM CC 10/22/92 PAGE 13 WOW 12* 199E R-92-760 (AS MODIFIED) MOVED : ALONSO SECONDED: DAWKI•NS ABSENT : DE YURRE T- ITEM PZ 13 RESOLUTION - (J-92-786) • (RECOGNIZING CERTAIN FLOOD HAZARDS) Recognizing certain flood hazards within the City of Miami, Florida; providing for participation in the National Flood Insurance Program (NFIP); expressing intent to adopt and enforce flood damage prevention regulations consistent with criteria set forth in part 60 of the National Flood Insurance Program Federal Regulations (CFR44) and any other official actions as may be necessary; vesting the Planning, Building and Zoning Department with the responsibility and authority to cooperate and assist with Federal, State, and local agencies and neighboring communities in order to carry out the objectives of the NFIP. NOTE: This is a companion item to PZ-14. ITEM PZ 14 FIRST READING ORDINANCE - (J-92-721) Relating to flood damage prevention, amending the Code of the City of Miami, Florida, by adding a new Chapter entitled "Flood Damage Prevention"; providing for: definitions; intent and purpose; requirements for development in special flood hazard areas, and non special flood hazard areas; providing for administration, enforcement, variances, penalties, appeals and disclaimer of liability; providing that should this ordinance be inconsistent or in conflict with another, the ordinance imposing greater restrictions shall prevail; adopting, by reference, the Flood Insurance Study, the Flood Insurance Rate Map, and the Dade County Flood Criteria Maps; containing a severability clause and providing for an effective date. NOTE: This is a companion item to PZ-13. PAGE 14 NOVEMBER 129 1992 R-92-761 MOVED : ALONSO SECONDED: DAWKINS ABSENT : DE YURRE FIRST READING MOVED : ALONSO SECONDED: DAWKINS ABSENT : DE YURRE ITEM PZ 1s DISCUSSION ITEM REQUEST To render a Status Report on SW 22nd Terrace (Northside) from SW 27th to 37th Avenues LOCATION N/A APPLICANT(S): City of Miami Planning, Building and Zoning Department:. APPELLANT(S): N/A AGENT(S) : N/A RECOMMENDATIONS. PLANNING, BLDG i ZONING N/A PLANNING ADVISORY BOARD N/A Vote: N/A HISTORIC PRESERVATION BOARD: N/A PLAT i STREET COMMITTEE : N/A ZONING BOARD: N/A Vote: N/A COMMENTS: To render a Status Report, as requested by City Commission on September 24, 1992, regarding compliance on SW 22nd Terrace (Northside) from SW 27th to 37th Avenues. NOTES: CONTINUED FROM CC 10/22M. PAGE 15 NO MRER 12, 1902 CONTINUED TO DECEMBER 10, 1992 MOVED : ALONSO SECONDED: SUAREZ ABSENT : DE YURRE