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HomeMy WebLinkAboutM-91-0251, CITY OF MIAMI, FLORIDA INT� OPPICE fMEMOAANDUM t j! to: THE HONORABLE VICTOR TEE YURRE DATE March 29, 1991 FILE: CO SS10N'ER wt SUBJECT: Voting While ----------- During Roll Call REFERENCES FROMWATTY RAI City Attorney i, City Clerk ENcLosuREsMemorandum dated June : 1, 1987 iI= R At the Commission meeting of March 28, 1991, you were absent during roll call on agenda item pZ-19. Upon your return to the meeting, you requested that I show you as voting with the motion on the above -cited item. The record will show, as in all other similar situations, that although you were absent during roll call, you requested of the Clerk to be shown voting with the -I; motion. Kindly confirm. !' Upon receipt of your confirmation, we will proceed to affix the _ ?' appropriate agenda notation reflecting your request, as follows: "ALTHOUGH ABSENT DURING ROLL CALL, COMMISSIONER DE YURRE REQUESTED OF THE CLERK TO BE SHOWN AS VOTING YES ON THE MOTION." Kindly acknowledge in the space provided hereinbelow by signing. neF Victor -De Yurre DATE: --� M Q Ul is § 7.55 BOATS, DOCKS AND WATERWAYS 1 7-56 Hurricane warnings. [A "hurricane warning" is] a warn- ing issued by the U. S. Weather 13ureau that one (1) or more of the following dangerous effects of a hurricane are expect- ed in a specified coastal area in twenty-four (24) hours or less: (a) Hurricane force winds (74 miles per hour or higher). (b) Dangerously high water or a combination of danger- ously high water and exceptionally high waves, even though winds expected may be less than hm- icane force. Barges. [A "barge" is] any vessel without sail or internal motive power of its own intended , to be utilized by being towed by another vessel. Undocumented barge. [An "undocumented barge" is] any barge which is not required to have, and does not have, a valid marine document issued by the U. S. Coast Guard or Bureau of Customs. Open water. ["Open water" is] all navigable water in Dade County not protected from wind and wave action on all points of the compass, including all of Biscayne Bay except sheltered coves. Sheltered waters. ["Sheltered waters" are all navigable waters in Dade County protected from wind and wave action on all sides including the -upper reaches of the Miami River and excluding all of Biscayne ay except slieltered coves. Safe anchorage. ["Safe anchorage" is] a place for anchor- ing or mooring that is sheltered from the action of wind and wave, and provides adequate holding power for anchors or mooring lines utilized. (Ord. No. 67-51, § 1, 7-25-67) Sea 7.56. Penalties for violation of article. Any person, including specifically but not limited to, the officers and managing agents of any entity, agency or cor- poration, private or public, who knowingly fails or refuses to obey or comply with, or wilfully violates, any of the provisions Supp. No. UA 200.4.1 9 91- 251 L I UEUUUUUU PRESERURTION RSSOCIRTION - TO: HONORABLE MAYOR and MEMBERS OF THE CITY COMMISSION RE: A PROPOSAL FOR SUBSTITUTION OF LANGUAGE OF PZ-19 On January 28th, the City Commission mandated that the Planning Department meet with members of our Association and others to discuss, and hopefully work out a compromise concerning the language in PZ-30. A list of recommendations to the City Commission were prepared by the _ Planning Department as a result of that meeting, and are now before the Commission as item PZ-19. The members of the Liveaboard Preservation Association agree with parts of the recommendations, and disagree with others. At a membership meeting held on March 25, 1991, the membership approved the following language which we would like to see substituted for the Planning Department's like - numbered recommendations in PZ-19. 1. Litigate Haves vs City of Miami suit, continue the probition e€ against may new housebarges and liveaboards in the Little River Canal and the south bank of Miami River between 14th to 17th Avenues. 2. Preki�biitPlace a 1 year moratorium on new housebarges City-wide. aftd- $12eilge te-defti itieft toeefl.in r • •:.... 192.091(17) s ier- o Statutes for fleeting -str uet-ufie." 3, lA low housebarges and liveaboards on the remainder of Miami River agproygd by the Commission as viable liveaboard • eF Zen' _ { areas. tatue rider. pr ). ( The Association i will be submitting it's recommendations of viable liveaboard areas to the _ map prepared by the Planning Department for consideration under the i orginal PZ-30 documents of January 1991. ) 4. Permit liveaboards, including houseboats, by special exemptions in R-1 to R-4 districts on the remainder of the River, City of Miami waterways, manmade and natural; the liveaboard unit to count against the number of dwelling units allowed on the upland; subjed to an annual . 1000 annually) 5 Establish a committee comprised of community and civic leaders, as well as representatives of the various marine groups and liveaboard representatives to explore the creation of a Floating Home community within the city of Miami similar to the communities in Sausalito, California and Seattle, Washington. 6, Adopt Item 1bg reylggd PZ-28, but amend It to permit transients in SD-4 ,. and new liveaboards in PR emlt by registration, _ e as in above i and delete 49faeaple the illustrations of vessels. Subxni :ted into th ubl.ic record in con nPetivxi with February 28th, 1991 item_P 2 A R on e f?• l 1 TO: HONORABLE MAYOR and MEMBERS OF THE CITk6Uki9S40N FROM: THE LIVEABOARD PRESERVATION ASSOCIATION RE: A REQUEST FOR POSTPONEMENT OF THE READING OF 9-28 and P2-30 On January 28th, the City Commission mandated that the Planning Department meet with members of our association and others to discuss, and hopefully work out a compromise concerning the language in P2-30. On February 13th that Workshop meeting was held, and among the issues discussed, and assurances given by Mr. Joe McManus, Assistant Planning Director and others representing the city were the following. 1. A summary of the Workshop meeting would be prepared and made available to those interested by Tuesday February 19th. 2. A copy of the voice tapes of the Workshop would be made available at approximately the same time as the summary. 3. A copy of the recommendations ( if any ) that would come out of our meeting would be available several days after the summary was made available, and well in time for the association to review before the next Commission meeting. The results did not conform with the assurances given. In fact, this is what happened. 1. The summary, after repeated phone calls, was made available on Friday February 22nd. 2. The voice tape, again after repeated phone calls, was finally made available through a phone call from the office of Gloria Fox to our association member Patty Durphy on Tuesday February 26th. 3. The recommendations were made available to us on Tuesday February 26th. On February 19th, our Chairman called Mr. McManus to discuss with him several discrepancies and misrepresentations that had appeared in the 91- 251 A RI QUEST FOR WTPONWENT - Continued Summary he had only minutes before picked up from the Planning office. As part of that discussion he asked Mr. McMannus whether he( McMannus } could share with him what the recommendation might be. Mr McManus responded that that was impossible because the recommendations had been passed on to higher-ups, and if he revealed what they might be before they approved them, or if they changed the recommendations, he might be caught in the middle, and for that reason the recommendations would not be made available to the Association until the following Tuesday. Yet, while this discussion was taking place, the recommendations, TIME --DATED FEBRUARY 21. 199 1 had already been released to the public through the agenda of the forth -coming City Commission meeting, a fact that we did not learn until our Chairman visited City Hall on February 2 7th. So instead of receiving the promised documents in a timely fashion which would have allowed the Association and other interested parties an opportunity to review. and evuiate them, as well as ask for and hold meetings with city officials, including the Honorable Mayor and Commissioners on the issues involved, we were denied access to the Planning Department's "recommendations "until less than 48 hours before this City Commission meeting. This action has prohibited us from and meaningful and intelligent perusal of these recommendations, and has placed us once again in a position of being forced to respond to the purported " public policy " interpretations and decisions of the Planning Department from a position of confusion and un-preparedness. Given the importance of the issues, involving as it does the homes of Miami citizens, and calling to the Mayor and Commissioners attention the fact that the Mr. McManus and the Planning Department have consistently attempted to deny the livaboard homeowners any viable input to their decision making by their previous actions, to wit: 1. Refusing to notify the attomeys in Haves vs City of Miami during the planning and hearing stages of Ordinance 11000. 2. Refusing to notify or discuss the proposed changes to Ordinance 11000, which resulted in PZ-30. This denial was recognized by the Honorable Mayor and City Commission and resulted in the mandate to hold the Workshop meeting on February 13th. Submitted into the Public xecold in connection with it � °A HiMi P z - 3D Matt Clerk 9 City 251 A MUEST FOR POSTPONEMENT - Continued 3. Withhold the results of the Workshop so as to preclude any meaningful and intelligent pursual and action by the affected individuals until less than 48 hours before the City Commission meeting. We therefore ask the Honorable Mayor and City Commissioners of the City of Miami to postpone the first reading of PZ-28 and PZ-30 until its next regularly scheduled meeting in March. For The Liveaboard Association and Other Affected, Respectfully, Al Crespo, Chairman Submitted into the public record in connection with item PZ-�� on -1 -2 4-GI P 2 3 o Matty Hirai City Clerk 91— 251 s t 1; 0 PLANNING FACT SHEET PZN19 APPLICANT City of Miami Planning, Building and Zoning Department: October 31, 1990 PETITION 5. Consideration of amending Ordinance 11000, as amended, the zoning ordinance of the City of Miami, by amending Article 4 Zoning Districts, PR Parks, Recreation and Open Space District, Permitted Principal Use, Permitted Accessory Use, and Conditional Accessory Use, to recognize existing marinas and ancillary facilities and providing that accessory uses for new marinas will require conditional use approval; C-2 Liberal Commercial District, Permitted Principal Use, to allow occupancy of private pleasure craft as living quarters; Article 6 SD Special Districts, Section 604 SO-4 Waterfront Industrial District, Conditional Accessory Uses, to permit occupancy of private pleasure craft as living quarters; Article 9 General and Supplementary Regulations; subsection 904.3 Exclusion of Specific Uses to clarify that occupancy of private pleasure craft as living quarters in all residential districts is prohibited; and Article 25 Definitions, Section 2502 Specific Definitions to include � i i..�ir��swr�. lwr i.wuw wi.w -4- -rJ 6w..-wL-rwrw These amendments would: 1. In PR (Parks, Recreation and Open Space) districts for new marinas reguir that occupancy_ of private pleasure _ craft as living ouarters obtain special exceot, ion approval; where marinas are existing, occupancy of private pleasure craft as living quarters is "grandfathered 2, In C•2, allow occuoanc� of private pleasure craft as living gua= for transients INTER -OFFICE MEMORANDUM TO : Honorable Mayor and onrE : FEB 2 , i9 FILE Members of the City Commission �� SUBJECT : Liveaboard Ordinance FROM : REFERENCES: Agenda Item PY-28 City Commission Meeting Cesar H. Odio ENCLOSURES: of February 28, 1991 City Manager DISCUSSION the Commission considered a proposed On January. 24r 1991, on first reading p p zoning ordinance amendment liberalizing -the restrictions on liveaboard vessels ' in PR; C-2 and SD-4 districts. The Commission continued this item and instructed theePlannin , Building -and Zoning Department to hold a workshop on 2 ON CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM To Files DATE February 21, 1991 FILE: - SUBJECT: Department Workshop: Liveaboards Wednesday February 13, 1991 FROM : �G /, ' • ' ,f ���y`�� REFERENCES: S�1P�r I�I. McManus ASS l stant Director ENCLOSURES: Planning, Building & Zoning Department As directed by the City ,Commission on January 24, 1991, a Departmental Workshop on the proposed Liveaboard Ordinance (Item PZ-30, January 24, 1991) was..`held'-at T:00 O.M. Wednesday, February 13, 1991 at Commission Chambers, City Hall, 3500 Pan American Drive, Dinner.Key. There :were approximately 37 citizens present. Staff `included: Joel E: Maxwell,` Chief 'Assistant City Attorney, Law Department Warren:Bit'tner, Assistant -City Attorney, Law Department Jo King Reid; Zoning Inspector II, Planning, Building &-Zoning Department Gloria Fox; Division Chief, Hearing 'Boards Office, Planning, Building & Zoning Department S Ewe `Flanigan, Secretary II;~Planning, Building & Zoning Department Jose h`W McManus; Assistant Director, Planning, Building & I ,P Zoning Department 1 {� PRESENTATION Josgph W McManus presented the item, as follows: - .1 the City. passed Ordinance 10248, yo- March 31, 1981, SPI-18 { "<LitlRiver. 'Cana' Park Overlay District, an amendment to ,`..`:2onln Ordinance 9500 which: =prohibited housebar�es.-effective March 31, 1987 4 - Prbitibitd �jveiboarns effective June 30. 1987, in the Littlej' iti ver Canal Nand the' M aiaii River between N,W. 14th and l th 'AYenues# (shown An blue +gin -map) theciiss+an passed Motion 87-221, February 26, 1987 directing., F 3S, he partmpnt #+� ttody imposing these $ame restric#ions i{ <� it us t er a }� tit W :And liveaboards in 'residential districts) E E nder oth e Hi alai River. Y i - ty*>eida reh ns .1 F4i4� ' i 1 the t adopted Ord i nance 11Q�0, i i< 4 _ iIIiI7e i�ilrch# lot and effel�tRiveet+nber 4, :199Q kY qr n M F Yt Response (McManus and Maxwell): Comments on procedures leading to City Commission meeting of February 28, 1991, The memorandum of February 24 1986 from the City Manager to the City Commission gave a recommendation and three alternatives. The memo must be read with the alternatives in a mind. Stanley Haves 970 N.E. 78th Street. He has lived on his housebarge for the past 25 years in the Little River Canal, His' housebarge is insured as insurance companies will insure housebarges even if they are not self- 45 feet more in length. The Miami River and propelled, but not if ,they are or Little -River Canal. are harbors in the event of hurricanes. His .safe housebarge is not a threat to navigation; it is located on a stretch of the Canal more then 100 feet wide. Barges and tug boats go up and down the Canal, z and they. are the only navigational hazards. The minimum depth i,n the Little ■ River Canal. is .7 feet at low tide. Property values have not decreased upland; the property values on Belle Meade Island have increased by 2 0 2 1/2; times in,,the past ;25 years. Take a poll of Belle -Meade. , He ` is a,, good ` neghborfor`Belle Meade, he warns neighbors if a boat goes, up Little,,River Canal without a light: In 1965, he was; served an eviction notice (under. Ordinance'6871); a city judge threw the violation out because the City does not have, jurisdiction over a navigable waterway; Similarly, the.City can do noth1n about Aerelict vessels in the Miami River. He has been served 4 violations since 1965 and he is still there; he is grandfathered in Little Riw;er. There i,s,.:an :.ad, valorem tax on his land and his. personal,; property' such ai: his, housebarge 'This is inverse condemnation!: The City cannot move them e out'!,- PaoI, Chacucin (previous speaker) Housebarges are not a threat ;during 4; hurricanes . = You R:;need to ,,, i ook . at the ;definitions of : "sheltered waters';t:. and safe ;anchorage"'.: in..which vessels are protected against wind and wave action; � both the Miami River and Li ttl a River qualify. Housebarges are not a `threat to,�obl ,c#health;.,they;meet 1 of,:3 levels ,of Coast Guard, sanitation standards: hook tiY `,: found out why the City of Miami will not grant permits to .up Ha!e :Qu f Y y .houseboats to the `sanitary sewer system? Even if houseboats were to discharge k, directly that;*ould not compare in significance when'the City's sewer -system ~ overflows into the River during large storms. Housebarges are not visual, P t ►bsta9l,as; they d slot: tick .. out beyond bri dges 'The Rio Miami f rei ghte came t ,. b►='tbe:, other. da�r'by tug .• the same.. one that knocked out the. S,Wi ;2nd`Avenue £` 8ridgel r r _- .. - Akni; .: f rann :� � 1191.... N.w.� � .� 20th Street.~ Admiralty:� Law 'govems ��th$ i 2 A Randy Jordan 9740 N.W. loth Street. Pembroke Pines. He thought there should be. a "new definition of housebarges. Why not go back to the previous _ ordinance' - (Ordinance 9500) and allow a houseboat on an empty lot in R=1 (single family) by 'special exception? He would be willing to have neighbors - determine if he should dock his houseboat. The legality of banning housebarges and liveaboards is against Admiraly Law and he is prepared to challenge the City in Court! Leroy Eilers. 800 N.W. 145 Terrace. He hasa large boat not a houseboat; he does not live on, the boat, but is sleeping on the boat a few nights a violation of the ordinance? Response (McManus): That would have to be interpreted by the Zoning Administrator. 0aye`Greenwax:' 668 N.W. N River Drive. She _received 'permits from the City"in 1982 to dock, two liveaboard boats on two pieces of property; now she has been ?— :.. issued violation notices (of Zoning Ordinance 11000). ,- t. Resp6nse4' (McManus): She should see Gloria Fox, Secretary, Code f` 'Enforcement Board. is Ste phen�Cirter`. 2' N:W. N`River'Drive. He has lived in a houseboat for 20 years, and owns 360 feet of riverfront property.' He has seen a lot_ of changes;' wht ch have "been ; encouraged '. by the Ci ty; ' there i s too much commerce al use ; of - the`'River'11ke the `large`freigghter that damaged the SW 2nd:Avenue Bridge: The Cit should control shipping on the River The Cit is t}igs_ aretoo�big. y' PP 9 y� pi Gk ng on l i veaboards because you can get" away with ' i t ! ' "' This 'wi l l `be brought }' ass- out= in a�'�class-action suit, also! N W. R ver Drive. When will -a summary of this meetin be Oaf uhth • '916 �� i Y 9 s x a4611able? r Repdnse (McManus) : Monday, .�aci9j `S�River'Driv`e:'� °It just"seems impossible that the City would'° prohibit 1i4eaboardsw For 100 years,. the City has had liveaboards. If there } fs aBpi^oble�n,,,Aets:;olve�-tl y*Sj s�ST!'i�t tl; , sous soe,� Aker. The- Ci t" 's' Ordinance i s total l = inadequate pl: end nQt apcepteble,;to pigeon hole liveaboards in the green areas C.and randfet er ng is not cce table#": He would`69ree"to an=administrative hearing �i r +p� t le, a ne qh 60s� deei�e``�nd`' if the neighbo�^s' did `not` want` his t iveabpard; F 3t ; he Woo I'd, ove 'The ataff�s could go=back'`to Zonih0-'Qrdipance -9500 "and -allow; - t bpi ry.9c, al 0400 -ion on, al I, navigable waterways, .. .. _/� �1/gyp$ �'"y s. yI.� R!!.ei4) �Explainet # �� 0 -and' �;i�ere1iTMe. Qity eenr��+t fun�t�iln;.ty } �ieviltg; administrat!a:;n,. r' Ise��.. i:�?1e7 ►,' '< t Paul Chacucin (previous speaker). The staff should drop the definition Of housebarge; the green areas (C and SD-4) are not appropriate. All residential lots on the Miami River should be green and allow houseboats and housebarges. you need to redefine one red area. (West side of River between SW 1st and 2nd. Streets). Irene McCoy Bridges 1491 NW S River Drive. How does one repeal the i provisions of Ordinance 11000? jResponse (McManus & Maxwell): Outlined various procedures. i Tom Schlosser (previous speaker). Mayor Suarez and Commissioner Dawkins are iE in favor of housebarges. ` Wolfson 2100 N.W. 13th Street. He has lived in a houseboat on a vacant � '1" What is his classification? _ He has had �. lot �n the red area for five years. liveaboard houseboats at North Bay Village and Miami Beach and was grandfathered in each place because liveaboard houseboats are. no 'longer. allowed .in ;:North Bay Village and Miami Beach. He moved and lost his :. "ggrandfather" privilege. He moved his houseboat to Miami. What is his classification? Response (McManus): You are in violation of Zoning Ordinance 11000. a Tom "Schlosser (previous speaker: ). Owners of riparian rights along. -Indian ,'. Creek in Miami Beach brought action against the City of Miami Beach pertaining, to,.liveaboards; .they have not been allowed since 1919 per a stipulation from . the .court act on.,- There are still electric power stations along Indian Creek, which were meant for those liveaboards. . , Randy Jordan (previous speakerl. Am I grandfathered at N.E. 83rd Street and 7: Biscayne Bay? Respo se (Reid); If you were a legal use under either Ordinance;6871 1961�rdinance 3500, (1983) or Ordinance 11000 (1990). Lf you do not G have a perms where's permit was required, you are not grandfathered, �: X suggested the fQ1lQwing changes: Al° Crespo .. 221{ 1 ji N ' iyer UCW He 99 Combine the definitions of "houseboat" and -"housebarge" info 5 I ��� hQuseboa�t . . " Jhrq should ;be legs restrictions for new marinas, permission should> -_ beby..Cl ►ss :; SpeGiol permit; rather then special exception . 'r ntIel areas should be ` reviewed again !especially A tbe. north benk ofthe Miami River between the NW Sth Street and2#h =. �!ue' grid, "8nd.; bween lW 1th : arld.. 18th Avenues; r a, = x _,., :_te n©fie fa®i v; areas U Miami River where-hou eberge =.cannot. a"' 00 ° 1 i Response (McManus and Maxwell): a memo of tonight's meeting and staff recommendation will go to the City Commission. If the City Commission wants any changes on February 28th, they can make changes on 2nd reading following. t Tom Schlossor (Qrevious sneaker). The staff should reduce restrictions in the green (C-and SD-4) areas. } the River with -only, one, side for l i veaboards: The ,zon n° 'both -'side s .of -the Riyert { AA...�...... RnarA tmpmhpr_ Re r- s j i t i t C. v: t� T. Response (McManus): Why not substitute the definition of "floating structure" contained in Florida Statutes, Section 192.001 (17), for the definition of "housebarge"? Paul Chacuc�n f . We don't object to paying taxes. Why is it alright.to.live on a sailboat and not a housebarge? We pay more than our fair share of taxes. Response (Maxwell): Whether a person pays taxes or not is not 'a valid criteria in a -zoning ordinance. Paul hacucin (Rrevi_ous speaker). McManus said the purpose of Item PZ-30 was to :increase the area for liveaboards. The areas shown in green (C + SO-4) . create a false:impression,because people can actually make use of these areas. They are _totally : ncomonsider opening the two north patable. Staff. should c red areas (north bank of River between NW 5th Street and 12th Avenue Bridges 4 is and -between NW 14th and 18th_Avenues) for houseboats and housebarges they i.' are.suitable. + Al Crespo4previous 'spg� ker) .. What are your other concerns? -- Response (McManus): There was some consideration on the part of the .. Commission of_allowing housebarges back into the green (C + SO-4) areas. ipr�,v Filers �orevious_soeaker Commissioner' Plummer did .not' ot want f liweaboards :;at vacant. ots in residential areas because the.City does'. not collect`staxes., T'he � green �, (C .+; SR-4) aareas on _the. map are .nonresidential and prohibitive,, n+�'cost .When you have a boat on vessel made to be a liveaboard you have the normal concerns of a homeowner. What concerns does the City have that. would allow.l.iyeaboards to be= in the .River?: Opposite sides of the. River rs6' "4,'be zoned the same;:. houseboats and housebarges should be allowed by a, ti special exception,i6 all residential districts. esponse,(McManus): You, are+perhaps: referring to,Zoning Ordinance 6871 R p0: which; --allowed , ,l veaboards ;-at ; vacant lots, in R-1 by: special exception and allowed liveaboards =by special exception .in multi -family rF k x x , istri cts - =i:he, l i veaboards' units counting against :the number of dwelling nts.permitted on: the upland property. Al ra oo f o+^�vQyg Speak There was a group of people in Bel l e Meade Why f t-0 4f we: successful':in.having the Commission adopt SPI18. Why convict everyone >i on. the Miami River in the basis of SPI-18? } b Ras once (McManus) The Commission passed Motion 87-221, February 26, - #g • i^4 f to .stud�r AOPIyaRg ,th+a,. hOusebargef liveaboard restrictions its PI•1#I rem cinder of,i the,Vami River, E 14 2,C64` P.,piou® ss�ai�erl. lihy? r ` �O �ji t�apt�i; • As, ' matter of equity{ we believed the e4me �Osi 14 1. hOU1 3+ be 4ppl iedf t t '; 3 i t s `F_ 1 { Al CrespoAprevious, snea,_.ker) This adversely affects our membership. He had talked` with'>Peter Glynn, who lives in Belle Meade, who went by Jacqueline Dozier's boat, and Polita Gordon both of whom thought the housebarges were attractive,Not all of the people in Belle Meade are opposed to housebarges, and 11veaboards. That was a specific crime with a specific punishment and- 4 'people.are appealing. The 1986 document says there was no problem. Response (McManus): You are quoting from a 1986 memo from the administration to the City Commission that did not recommend changing: zoning` district regulations controlling houseboats, but- lists a series ,of; Y alternatives, as follows: 1. to houseboats as living units with the City aitnits .ban; 2. to"ban houseboats as living units within residential districts' 3. to ban houseboats as living units within the Little River Canal Al reS'�o (nrevious`'s ker). But your recommendation was., to allow' Al oe� houseboats. Response,,, (McManus) In fairness you have to read the recommendation in = conjunction with the alternatives: oea,_ kerl... 1 Cre bo`forevibus s Wh did'it happen? 9' y Response (McManus): This was a lead-in to the adoption of SPI-18; at the,. �'. same time; the; Commission' passed Motion 81-221 directing the Planning 4. Department to'undertake a study of extending similar restrictions to the {: inder. ohe' .Miami River' ` , y ' £ .remaf_,,, t .S?i €t= >` Al.#Cresuo'• re4ious 'sneaker). ;How was that decision made thatAled up to ' f Ordinance 1�1000? Someone wrote- the ordinance. How was specific eft' reci- mmendati on made4 for houseboats . and . housebarges? ` e Response, (McManus): The Commission first enacted SPI-18 and then; 'K z`thruggh:Mation 87221, directed he Department` to. study he extension oi• , ., "i8' to the remainder of the Miami River. Ordinance 11000, some 380' }�3 SPI`=. ;' page in length, took over 2 years, went through public hearings, and was M ado ted in March;k,19901 and took effect, September, 1990.. f OUS sneak . Dp )+ou always i ncorporate everything the; Ci t¢ a' Commissiin te;ypu to' do? •k n Response41us) yes k ALL.;f�__a.n t ghat ,..caused to +change your � 010 maim �..�: you o e0da�tien in'the memo 7 a .8 s a e, e 1 �Qntei aed a r eetn�,enda�tis�e' a:Qnsisi�ar theegisiian=�inlYth ltit fi th! f syL'� Y+�itirs~�:gst + tj- C.. �� _ J•FaF�"ir�'�£�.£4fAZxk3 ;.ay � }'"4 y ••. - , •' � .� :1.�t�....�"..� ..,Aav3,nluQ .w tar#iAna .... ... ,. �.,� � .. jo a 3 S - A;. Paul hacUcin for soea . How do people at Dinner Key Marina prove they are grandfathered? (Maxwell, and McManus): Zoning Ordinance othe n0strawa Response Dinner Key Marina. The Zon g dm torlsndecision liveaboards at a code enforcement action is �n y (on grandfathering) very persuasive (for lack of grandfathering). reoo (orev� ��� soeakerl. We need co legislation t o protect houseboats and housebarges. (McManus): Thank you for attending.. S�onawilldtakeminutes Itemwill PZe Response to City Commission agenda. The Commission attached 30 on Thursday, February 28, 1991. The meeting closed at,10:00.p.m. td/91:02 _ fY r„ s ., PygYT 4 i is r y �xr r _ Y L T! rµ ��.5 'nP; -i i<,1 �` % 4 5' .✓ �. F ,. . � � � � � � Art`-: ,&r"id.7s'., . .:.,n�sir. .z.r.... _,- >h ., . • ,- ._. ,.. ".. .., ., 77 .., , _ .A, 3.. .: xa'.rrfris.. , __ __ _ -= v, _ _ r� 4 �� 2 --------- - hi w February 9,1991 City of Miami zoning and Planning Department Miami City Hall 3500 Pan American Drive Miami Florida, 33133 ' 1 RE: ORDINANCE I•1000 Dear Sir: l My name is I — 'Vsec�e;o+'C R • VJ� �'4,ers . reside at �)) Northwest South River - r .. . .. Drive, a home'onthe Miami River in what is knowA as the Grove Park section of town. The :. housebarges,' houseboat`s,' and other liveaboards and pleasure craft on the South Side of the lvliami River are clearly visible from my home. 'I have no problem with4hem and see no reason why,theyrshouldb6 prohibited from existing in their present location. In fact, I believe they add a certain charm' and ambiance to the area. Also, the current residents ob these various craft appear to be responsible, upstanding, law abiding citizens who give me some sense of security and protection from what -would otherwise be a to, tx un rotected and un-buffered free access to my home from the river. �. A I }mplore you to reconsider the zoning ordinance which would outlaw housebarges, houseboats. and'Qther liveaboards-and other pleasure craft'from the Miami River. Please don•t take away ' }` an element that`lends c}iarm to.th City 'of Miami and helps make it a unique and great place live , to Stcerely yours, 3 �r d JIV it f w v Y xl fv r f; 1. �k.D` Y,T�kkdy i� ,�. s✓ t j ,._. ;= k^* 4.t,� s- y"i,• --------------- r i E February 9,1991 } City of Miami Zonidg and Planning Department Miami City Hall 3500 Pan American Drive Miami Florida, 33133 ®aoacacooacaa� v Will Flum WK, gig WRL, W7w Ko I1m] — f 4L., UM L 0Q wig vwm ARM lm WW sa a == 0-- TIM Mood UIP IF A Will 10, �71,71 09 P • • OEM ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 4 ZONING DISTRICTS, PR PARKS, RECREATION AND OPEN SPACE DISTRICT, PERMITTED PRINCIPAL USE, PERMITTED ACCESSORY USE, AND CONDITIONAL ACCESSORY USE, TO RECOGNIZE EXISTING MARINAS AND ANCILLARY FACILITIES AND PROVIDING THAT ACCESSORY USES FOR NEW MARINAS WILL REQUIRE CONDITIONAL USE APPROVAL; C-2 LIBERAL COMMERCIAL DISTRICT, PERMITTED PRINCIPAL USE, TO ALLOW OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; SECTION 6041 SD-4 WATERFRONT INDUSTRIAL DISTRICT, CONDITIONAL ACCESSORY USES, TO PERMIT OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; SUBSECTION 904.3 EXCLUSION OF SPECIFIC USES, TO CLARIFY THAT OCCUPANCY OF PRIVATE PLEASURE CRAFT AS LIVING QUARTERS IN ALL RESIDENTIAL DISTRICTS IS PROHIBITED; SECTION 2502 SPECIFIC DEFINITIONS, TO INCLUDE ILLUSTRATIONS FOR HOUSEBOATS AND HOUSEBARGES; CONTAINING A REPEALER PROVISION SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 5, 1990, Item No. 5, following an advertised hearing } adopted Resolution No. PAB 82-90 by a vote of 9 to 0, RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter -set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the beat interest of the _l general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY