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Home My WebLink AboutCC 1989-03-23 Marked Agenda�.�«► _ k XAt'IER 1. SUARU %ICI WOOR VICTOR H. DE YURRE y COMMISSIONER MILLER 1. DAWKINS COMMISSIONER ROSARIO KENNEDY COMMISSIONER I.L. ILUMMER, IR. CITY MANAGER CHAR N. 0fN0 CITY COMMISSION AGENDA - MEETING DATE: March 23, 1989 CITY HALL 3500 PAN AMERICAN DRIVE CITY ORDINANCE NO. 10087, AS AMENDED, ADOPTED MARCH 18, 1986, 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 ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. The City Commission has established a policy that the Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PM. (Resolution No. 87-115) This meeting shall convene at 1:00 PM. Any person who seeks to address the City Commission on any item appearing - on this Agenda 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. ---------------------------------------- ----------------------------------- {' NON -PLANNING & ZONING ITEMS BEGINNING AFTER 1:00 PM: ITEMS 1 THROUGH 17 BEGINNING AFTER 2:00 PM: ITEM 18 BEGINNING AFTER 6:00 PM: ITEM 19 PLANNING 8 ZONING ITEMS BEGINNING AFTER 3:00 PM: ITEMS PZ-1 THROUGH PZ-14 BEGINNING AFTER 4:00 PM: ITEM PZ-15 BEGINNING AFTER 5:00 PM: ITEMS PZ-16 THROUGH PZ-32 BEGINNING AFTER 6:00 PM: ITEM PZ-33 --------------------------------------------------------------------------- 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 insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. . - ' ------------------`w----------------------------------------- FOR ONS PASSED DURING THE COMMISSION MEETING, AM FOR � NS PASSED JJM ADOPTED tvWcH WEPa^•. NOT PART OF THE AGENDA. FER TO THE Oily CLBRWO REPORT, FOUND AT THE TWD OF 'TES r MARKED AGENDA, 1 ri. _ iil i 1iNG DATE: =f _ -i March 23, 1989 PART, 1:00 pN INVOCATION AND PLEDGE IF ALLEGIANCE A. PRESENTATIONS AND PROCLAMATIONS PAGE NO: 2 DELIVERED See Supplemental Agenda B. CITY ATTORNEY REPORTS ._ NOTE: Legislation may result from City Coenission consideration of any matter herein. _ This portion of the Agenda is separately — designated as being.available to the City Attorney for providing and securing City C=ission _ information, direction and guidance in significant pending and concluded matters. - NOTE: The City Clerk's Office is the source of all ,. legislative history references. r = ORDINANCES - SECOND READING SECOND READING ORDINANCE - (J-89-198) ORDINANCE 10564 1. MOVED:. KENNEDY AmendingChapter 42, of the Code of the City Of —entitled SECONDED: , PLUMMER UNANIMOUS UIET7-Florida, as amended, "Police", establishingdefinition of #orin rocedure for sus ension and revocation of license.and basic towing rate and allowable GUAINIGIZ sere ces; an particularly amendIng City GOde bectlons 2-749 42-78, 42-79 and-42-80; containing a repealer provision and a severability clause. Oate.First Reading: Feb 230, 1989 Noved s Vice: Mayor OeYurre Second Coven Dawkins Vote Unanimous tair j ( +y yy ir { +t = .,2 -k _ :` Y 4 +�.+.. +H �"+Yi'(`ii✓.f1"3''•y 44't _. � ''+: .t,.._ Y'..-- rf!'uSr^*a4M%t�M.'aa;•,Y'vNiW.�tYaY �w'3� MEETING DATE: March 23, 1989 FADE NO: 3 NOTE: 2. 3. 4. 5. RESOLUTIONS Department of Development RESOLUTION - (J-89-267) - (AUTHORIZING REIMB ! MENT) the right to audit the expenditures incurred by Cruz Development and Associates Ltd. related to said reimbursement; using funds therefor in an amount not to exceed a total of $150,000, from 1976 Housing General Obligation Bond Funds Interest previously allocated to the Southeast Overtown/Park West Community Redevelopment Project CIP No. 322029, index code 579103. R-89-308 MOVED: DAWKINS SECONDED: PLUMMER ABSENT: KENNEDY BOARDS AND COMMITTEES RESOLUTION - (J-89-39) - (APPOINTING MEMBER) R- 89- 277 MOVED: DAWKINS ointln an individual to serve as a member On SECONDED: KENNEDY e Zoning Board Of the City Of am , Florid!, —to UNANIMOUS serve a term ending December 31, 1991. RESOLUTION - (J-89-41) (APPOINTING MEMBER) R-89-2 78 MOVED: DE YURRE anting an individual to serve as a member on SECONDED: KENNEDY e planning s0 of the City 0 am , UNANIMOUS or a, o serve a term ending December 31, 1991. RESOLUTION - (J-89-266) - (APPOINTING MEMBER) R-89- 298 MOVED: KENNEDY. Appointing, Richard A. Bunnell to.. the. revier SECONDED: PLUMMER`. cowl tt for the unified eve n of the—= ABSENT:. DE , YURRE . Souths ore Drive oro er , said appointment - r e ng required o e vacancy created by thin. resignation of William (Peter) Sawyer from the review committee. . M-89-281' MOVED.: DAWKINS 3 SECONDED;.; PLUNR ;, t4� ABSENT* . KENNEDX , • PERSONAL, -APPEARANCES a{ DE .YURRE 3 Fj Legislation my result from City, Commission 1+QiuN:.,A1Iz•S,RM� t,.{ t comm.—De.-Y.- ?�vtl.'C � consideration of any Personal Appearance.37 pry. r 6 M�.�r. Alfre�ido Zayden to re uest-the codesignation of: SMI,�w Pner.i Q4 ��- } r+tip c mail Claude eager..• „ MEETING DATE: March 239 1989 PERSONAL APPEARANCES CONT'D SCUSSED -89-283 OVED: PLUMMER Mr. James Ha !n Johnson Jr. to diSCUSS Str!! SECONDED: DAWKINS 7. Linco . C OSUreS n t area 0 rapp and n venues UNANIMOUS eferred to April 27 - OVED: PLUMMER i 8. Rev. Gene TheriluS Operation of HuMlanitariaor UNANIMOUS KENNEDY - Concerns, nc.. o scuss health-care nee 05 L; e -89-285 MOVED: PLUMMER _ -� SECONDED: KENNEDY Nr. Robert H. Trauri Es to request, release o ABSENT: DAWKINS*_ _ - _ - - - - - - - - - 9. - restrictons an reverter containe n a ee rom --Ucean ra s i NOTE: Later reconsidered _- - e t the by M_89_287 - _ - _ _ _ Foundation. R-89-286 i MOVED: PLUMMER SECONDED: KENNEDY 10. Ns. Judy Clark and Ns. HRrilyn Reed t0 discuss : ABSpErbeep+N DatA Issues -Important o the Homeowner „AIbUt dffbg rekf Association. Comm wins: nnE,Tr,I MfoC(tk to-4, tIDNaS rWr�K �s Yes II 11. Representative(s) of the Bayfront Park Nanagenen � aink�Trust ind— o request seric v fh the Bay rout ark Anniversary. - - - - - - - - = M-89-287 MOVED: PLUMMER SECONDED: KENNEDY' UNANIMOUS _ _ _ _ _ R-89-288 DISCUSSION ITEMS MOVED: PLUMMER SECONDED: KENNEDY -` UNANIMOUS NOTE: Legislation my result trm City CMissio - - - - - - - - - - - �j consideration of any Discussion Item. R-89-289 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS 12. Discussion concerning an update on the Overt _89_290 Task Force. MOVED: KENNEDY SECONDED: PLUMMER + UNANIMOUS 13. Discussion concerning an update on the Overt R-89-293 r MOVED:. KENNEDY Shopping Center. SECONDED: PLUMMER UNANIMOUS ISCUSSED 14. Discussion regarding the installation of °Cit DlscuSSED ' = signs in various neichborh s. -- M-89-295 MOVED.: 15. Discussion regarding identification of a site` iSSNTs SECONDED: P UMMEA F} DAWKINS Overtorjm for a new aft-inistration. bul990 DISCUSSED �,t�+�< P.kPSs ------------- -' - MEETING DATE: March 23. 1939aft DISCUSSION ITEMS C-(.MT'D 16. Discussion concerning an Ly-ft-te- On the clu Of Miami homeless proarM. 17. Discussion PAGE NO: S DISCUSSED DISCUSSED PUBLIC HEARINGS 2:00 PH (j-89-90) (RATIFYING MANAGER'S RESOLVTION(As R-89-280 Modified) FINDING OF AN EMERGENCY) MOVED: KENNEDY i. (4/5THS VOTE) SECONDED: PLUMMER By an affirmative vote Of 4/SthS Of the City UNANIMOUS waiving the reguirekt—sOf Chapter 189 Commissionn See Related --Code. regarding sealed biddi—nq-9 City -of NFamF R-89-279 competitive. negolMa Ionsand related purchaLlAn MOVED: KENNEDY rote urea for the procurement of genera SECONDED: PLUMMER contconstrue on mnagement-t ract,subcontract UNANIMOUS coses ti-mating. consulting sere ic 5,nr t -,==erial and/or equie!nZ or ama eve of the pepper Fountain _Z cons trut zion and operation _W c tal., roveme Program Project 0- (. ap ro . 331306);, tif in approvingand confirming the City Manager s ndings that such an eannirgenS --Tor exists hereby JustifYing sue h waiver said his project au t or z np the City manager or TO— the west rs nsive and designee AccoPt responsible providers for the eve n construction and operation of this fpun n zo ue a necessary sego iate. execute iMlor ts th nts and/or documents2 InClUG uz a regimen H&SO NO ions con rats 16 and Cont.racy. Weid P ---Fae— --- acceptable to the City un orders,, in a form C Xfro-H-ey-7-w-uh the selected providers allocating monies therefor from said Capital Improvement Project fund. 6:00 PH 19.: *SOLUTION (J-119-85) =, (APPROVING RESTRICTION OF Continued,b VEHICULA ACCESV'.ON PERMANENT' BASISY m 89-307 MOVED PLUMMER Author hd �idrmltt ECONPED, i KENNEDY re cu 4hcliss _7t6_5W z5, Street of %no, earve fly, UNANIMOUS '5V _WAVolhue 7and'310. tug! rsectiow, with', --tely WD feet cast or: its, ne �rqx into ection wit" 2W JLW enue an a ninety, n ersec Ok w rs .,basis�, by 0 r4ry:,: c NFE 4c Ompo - A and Irr t to i cad es -`across` said , City, review and pr, aii, -Commission 'Witoin th J_S'r tso UtiQn.,, This, jti*ryas gontinqu from the ometin9 of February MEETING DATE: THIS ITEM March 230 1989 r� I PUBLIC HEARINGS I16E1RIA PAGE NO: s AFTER WITHDRAWN ' —j 3:00 PM ( NOTE : Administration PZ-1. SECOND READING ORDINANCE - (J-89-03) informed there was MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMD no need for adoption 41 since already APPLICANTS)/OWNER(S): Planning Dept contained in the << omp Crehensive Plan) -= PROPERTY ADDRESS(ES) Areas bounded by I-95 and NW 5 St - - - - - - See NW 4 Ave between &NW7St 9R299ted MOVED: DE YURRE' — Per Motion 88-734/Resolution PETITION • SECONDED: KENNEDY 88-736, July 21, 1988, consideration of UNANIMOUS amending the Miami Comprehensive Neighborhood:- - Plan (September, 1985) and Addenda, as amended, by changing the land use designation{ - of the subject property from Moderate High = Qensity, Residential to High Density Residential. - Planning Department Recommends APPROVAL of i Change to High Density Residential Planning Advisory Board Recommends: APPROVAL, 6-2 — Date(s) Continued s Jan 26, 1989 } Date First Reading (As Amended) : Feb 9, 1989 ` Moved Comm Dawkins Second Comm Kennedy = Vote Unanimous .. .. ;4 THIS ITEM AFTER 3:00 P14FIRST PZ-2. FIRST READING ORDINANCE - (J-89-176) READING MOVED: KENNEDY ' ZONING ATLAS AMD SECONDED: PLUMMER `. r APPLICANT(S) Planning Dept UNANIMOUS OWNER(S) Nivenco Partnership 210 W Park Drive, P105 3 Fl 3- na PROPERTY ADDRESS(ES) Approx 115 129 SW 36 Ct e# I PETITION :. Consideration" of a .corrective 4 f r amendment:. to ..the "" Zoning. ` `Atlas } .Sheet 33, Ordinance 5500, as amended, the Zoning Ordinance of.: the City. of MiamTp by changing Y ==x and clarifying the zoning ,designation of the{ _ southern 5' of the propert from . CR-3/7 to Rg-� y --_ 1 /3. _ �K o P.lenning Department Recommends. APPROVAL ' Planning, AdvisoAPPROVAL,. (One,abstention) x e Mail:replies,in- FAVOR :, One � i y a _ eyp4 0ATF.: March 23v 1989 THIS ITEM AFTER. 3:00 PM PZ-3. FIRST READING ORDINANCE - (J-89-175) ZONING ATLAS AMD PAGE NO: :a FIRST READING MOVED: PLUMMER SECONDED: DE YURRE APPLICANT(S) Planning Dept UNANIMOUS Sonnys Produce Co., Inc. OWNER(S) k 860 NE 79 St • rox 879 NE 78 : PROPERTY ADDRESS(ES) APP St • PETITION Consideration of a corrective amendment to Zoning Atlas Sheet 99, Ordinance 9500, as amended, the Zoning Ordinance of the i City of Miami, by changing and clarifying the zoning designation of the entire lot from a.17 combination of CR-3/7 and RS-2/2 to CR-3/7. j 4 Planning Department Re APPROVAL pinnning'Advisory Board Recortmends: TwPoROVAL, 9-0 3j Mail replies in FAVOR Main, replies AGA= Three THIS ITEM 4i AFTER 3:00 PM. Continued...tp April 27 . PZ-4.DISCUSSION ITEM - PLANNING DEPARTMENT MOVED: PLUMMER and SECONDED:, KENNEDY Per Motion 89-101; January 269 1989; Zoning UNANIMOUS - Traffic Alternatives: Coral Way (SW 22 Street) between SW 32 and 37 Avenues. q€ �x THIS ITEM AFTER Deferred by �?x 3:00 PM M-89-300 - PZ-5. DISCUSSION ITEM -PLANNING DEPARTMENT STUDY Y MOVED:. PLUMMER n 1989; ' Land' Use and SECONDED: KENNEDX { ;�_ Per 'Motion 89-92; January 26, UNANIMOUS ZA 'j" O Studyr Area bounded. by NW 22 and 27: Avenues. xf� - between.NW36•Street and City limits (SR 112)* i 1 . YRr;xQ, � r .y S pF pci t� if j rs v r �ak�s7•`s d fr tS T W5`;yfi e ._ 3tx 4�k cowlamiGN �I MEETING DATE: March 23, 1989 THIS ITEM AFTER 3:00 PM P -6• FIRST READING 108) MIAMI COMPREHENSIVEANEIGHBORHOOD IPLAN AMD APPLICANT(S) Orlando and Delfina De Los Reyes 5220 SW 106 Ave Aqbtvlmfi KRUIS PROPERTY ADDRESS(ES) : Approx 3729-49 NW 24 Ave PETITION : Consideration of amending the Miami Comprehensive_ Neighborhood Plan �ku PAGE NO: WITHDRAWN 8 AftGrunh PAGE NO: 9 MEETING DA`tE: March Z39 19ay x n THIS ITEM AFTER 3s0O PM WITHDRAWN P2-8. FIRST COORDINANCE COMPREHENSIVNEIGHBORHOOD1PLAN AMD I APPLICANT(S) Leonard a Sandra Poole —= c/o Allan B. Marks -'- 1500 San Remo, 0206 —' Coral Gables Y PROPERTY ADDRESS(ES) Approx 5723 SW 3 St 1 PETITION Consideration of amending the p Miami Comprehensive Neighborhood Plan: (September, 1985) and Addenda, as amended, by changing the land use designation of the -= subject property from Low Density Residential to Moderate Residential. Planning Department Recommends DENIAL a Planning Advisory Board Recommends: DENIAL, 5-3 i PROPONENTS present at meeting Three ai r, rep I i es in FAVOR Three Mail replies.AG_ Twenty-three N07E: This is a capanion item to it® PZ-9- F i� r _ THIS ITEM f AFTER ` 3:00 PN WITHDRAWN PZ-9. FIRST READING ORDINANCE - (J-89-194)+ ZONING ATLAS: AMD APPLICANT(S) Leonard a Sandra Poole c/o Allan B. Marks 1500 San Remo, 0206 Coral Gables PROPERTY ADDRESS(ES) Approx 5723 SW 3 St PETITION Ord 9500 atlas change from Y. f}: RS-2/2 to RG-2/4. V}. Planning Department Recommends DENIAL t Zoning Board Recommends DENIAL, 8-1} - PROPONENTS present at meeting Three > tz WT'replies in FAVOR Two Matt replies AGAT13r Ten NOTE: This is a copanion ltem'to item PZ-B. s � y4 SSh � b i N t Sr a - •fi7.' - — z swim MEETING DATE: THIS ITEM i AFTER s•n PY March 23, 1989 WON ANdliculm1%ll PAGE NO: 10 I CITY MEETINGDATE: March 23s 1089 THIS IT04 AMM 3:00 PN PZ-11. FIRST READING ATLASAOR INANCE - (J-89-193) ZON APPLICANTS)INNER(S): Peter 8 Antonia Olivera (6500 W Flagler St) 2620 SW 31 Ave Norman s(6 0 WRFlaglerZSO 6455 SW 33 St Julio Mederos (6520 W Flagler St) 60 NW 127 Ave Royal Flagler Condominium (6580W Flagler St) ATTORNEY A. David -Pena Fowler, White, et al PAGE NO: 11 ij 1 r FIRST READING MOVED: PLUMMER SECONDED: DE YURRE ABSENT: KENNEDY •��Ap�gi'lseat iorie! � eaH� Comm. Kennedy reinutei of 08 Clerk ta ke shore a oft Y._-- 08 me Wit' rr s_. "2 1 t � � o i yc7 ! t �'6Y�i'�tl• T'`i ' t 1 V - � Y Y — COMMISSION ITY AC91DA MEETING 0A'TE: March 23 # 1989 PAGE NO: iZ THIS ITEM AFTER 3:00 PN PZ-12. RESOLUTION - (J-89-254) -AMENDMENT OF DEVELOPMENT OF REGIONAL IMPACT APPLICANT(S)/DWNER(S): Miami Center Holding Partners 100 Chopin Plaza ATTORNEY Jeffrey Bercow, Esq Steel Hector 8 Davis 4000 Southeast Financial Center PROPERTY ADDRESS(ES) 200 S Biscayne Blvd and 100 Chopin Plaza PETITION A Resolution, with attachments, amending a previously approved Development Order (Resolution 79-396; May 24, 1979, as, amended, attached) for the Miami Center I Project (A/K/A Ball Point Project) located at approximately 100 Chopin Plaza, a Development of Regional Impact, pursuant to Section 380.06, Fla. Stat. (Supp. 1988), by amending findings of fact; by deleting Condition 5 of said Development Order pertaining , to an. upper level pedestrian. connection and.. substituting,: in lieu thereof, a Condition 5 which_ requires the implementation of the Biscayne Boulevard Master Development Plan (Burle-Marx Plan) on the Biscayne:Boulevard and part of the Chopin Plaza frontage; finding and confirming that said change does not constitute a substantial ® deviation pursuant to Section 360.06; Fla. Stat. (Supp. 1988); that said change pertains only to the northerly 5.45 acres of -developed property and .that these changes are not part of the Downtown Miami Development of Regional Impact Development Orders (Resolutions 87-1148 and 1149; December 10, 1987), and incorporating said findings in conclusions of so law; directing the City Clerk to send copies of this Resolution to affected :agencies and the developer; and containing an effective date. Planning Department Recommends: Approval, with conditions YOTFs This is a csoanion .its to its PZ-13. R-89-302 (As Modified) MOVED: KENNEDY SECONDED: DE YURRE UNANIMOUS 6 _ - - - --_ See Related ..� M-89-302.1 ; MOVED: KENNEDY SECONDED: DE YURRE !i— UNANIMOUS N - Administrative _- M-89-309 MOVED: PLUMMER SECONDED: DE YURRE • DAWKINS - ABSENT. & KENNEDY : t i r �i ,i s f � i1{ 3.Y R-89-303 ( As Modified) MOVED: PLUMMER SECONDED: DE YURRE UNANIMOUS THIS ITEM AFTER 3:00 PM PY-13. RESOLUTION - (J-89-257) - AMENDMENT OF DEVELOPMENT OF REGIONAL IMPACT APPLICANT(S)/OWNER(S): Miami Center Holding Partners 100 Chopin Plaza ATTORNEY : Jeffrey Bercow, Esq Steel Hector 6 Davis 4000 Southeast Financial Center PROPERTY ADDRESS(ES) : 200 S Biscayne Blvd and 100 Chopin Plaza PETITION : A Resolution, with attachments, relating to the Miami Center I .Project (A/K/A Ball Point Project) Development of Regional Impact; making findings; attesting to findings, authorizing and directing the City ' Manager to execute a partial release of Covenant, substantially in the form attached, upon the City Manager'.s verification;` and, subject to the approval' of the Law Department, by which City, National Bank, ,of.Florida (F/K/A City National Bank,of Miami) as: trustee under Land Trust 5008793 remains obligated to , certain conditions contained in a Covenant dated February; T 1986 (Official Records Book 12786, Page 658, P.R.O.C.), but, has .satisfied.and Is`'reIeased j from,.certain other obligations- pertaining to: overhead pedestrian connection across Biscayne Boulevard; Chopin Plaza improvement: Baywalk improvement at. Hotel Inter -Continental,' and smoke evacuation system; and,. specifically, retaining, the remaining obiigation ' for a traffic signal at Biscayne Boulevard and SE 3 Street. Planning Department Recommends: Approval, with conditions NOTE: This is a companion item to item PZ-12. 'i ON UENDA 1 f: MEETINO DATE: March 239 1989 PAGE NO: 14 id , ;R I j THIS ITEM 'f i AFTER 3:00 PN PZ-14. RESOLUTION - (J-89-255) - AMENDMENT OF DEVELOPMENT WITHDRAWN OF REGIONAL IMPACT APPLICANT/OWNER Tishman Speyer/ Equitable Joint Venture ATTORNEY Lucia A. Dougherty, Esq Greenberg, Traurig et al 1221 Brickell Ave PROPERTY ADDRESS(ES) Approx 845-999 Brickell Ave PETITION A Resolution, with attachment, amending a previously approved — Development Order (Resolution 85-1060; October 10, 1985, attached) for the Brickell Square Phases II and III Project, approximately 845- 999 Brickell Avenue, a Development of Regional ` Impact, pursuant to Section 380.06 Fla. Stat. (Supp. 1988), and Major Use pursuant to Zoning Ordinance No. 9500 by amending Condition`37 of ,. said Development Order by ' changing the commencement of Phase II to November 1991; - Phase III to June 1995," and completion of the entire project to 1997, from June 1987, January 1991: and 1993, respectively; further - finding and confirming that said changes doF not constitute a substantial deviation pursuant to Section 380.06, Fla. 'Stat. (Supp. y 1988), and that said 'changes are not part of 'f} the Downtown Development of Regional Impact; Development Orders (Resolutions 87-1146 and 1149; December'10, 1987): incorporating said { findings in conclusions of law; directing the City Clerk to send copies of this Resolution to affected agencies and the developer; and containing an effective date.' Planning Department Recommends: APPROVAL l k Y 1 yy MEETING DATE: March 23, 1969 AGENU PAGE NO: 15 a SHALL NOT BE CONSIDERED BEFORE 4:00 ITEM PZ-15 — THIS ITEM AFTER =- 4:00 PN PZ-15. RESOLUTION - (J-89-250) -MODIFICATION OF COVENANT Denied by j= M-89-301 _ APPLICANT(S)/OWNER(S): Univision Station Group, MOVED: DE YURRE SECONDED: KENNEDY I Inc. (Owner of Record) - 330 Madison Ave UNANIMOUS New York, NY 10017 _1; Carlos Ferro ; c/o Terrabank, NA - -'jj 3191 Coral Way =1 - = Miami Riverside VOA, Inc. (Optionee Only) - c/o VOA Nat'l Housing Corp 3813 N Causeway Blvd ' Metairie, LA 70002 .t, ATTORNEY Anthony J. O'Donnell, Jr., Esq • One.Brickell Square 24th Floor - 801 Brickeli Ave. PROPERTY ADDRESS(ES) Approx 740-742 NW 25 Ave PETITION A Resolution approving a _ release of the Declaration of Restrictive Covenants running with the land dated May 239 1984, and recorded in Official Records Book — 12187, Page 2833, P.R.D.C., Florida, -for the property owned by Univision Station Group, Inc. and located at approximately' 740-742 NW 25 Avenue (more particularly described herein) to permit the use of the property for a 100- unit rental apartment for elderly persons over 60 years of age (a Community -Based Residential ,a Facility), subject to receipt by City of a recordable substitute Declaration of , Restrictions in a form acceptable to the City Attorney. r� e Y� APPEAL GRANTED (R-89-304 (Zoning Board's decision reversed) MOVED : .DAWKINS SECONDED: SUAREZ NOES: PLUMMER 4.. NOW CITY gel 014 1ISS18 AGENU MEETING DATE. March 23. 1989 PAGE NO: 16 _ THIS ITEH AFTER 5:00 PM PZ-16. RESOLUTION - EJ-89-10(a) b J-89-10(b)3 APPEAL BY OBJECTOR APPELLANT Robert Fitzsimmons. Esq The Courvoisier Centre Suite 505 501 Brickell Key Drive APPLICANTS)/OWNER(S): PROPERTY ADDRESS(ES) : Leonard A. Ralby 2618 SW 28 St 2606 b 2612 SW 28 St PETITION Review of the Zoning Board's decision to approve the Variance to allow the waiving of the required 6' high wail to be erected along the eastern and southern property lines (such wall required where abutting properties in the RS-2/2 zoning district). Planning Department Recommends : DENIAL Zoning Board : APPROVED, 6-3 PROPONENTS; present at meeting : Nine OPPONENTS present at meeting : Three Mail. replies AGAINST : Ten Date(s) Continued : Jan 26 3 Feb 23, 1989 THIS ITEM AFTER 5:00 PM PZ-17. RESOLUTION - EJ-89-249(a) b J-89-249(b)3 APPEAL BY OBJECTOR APPELLANT(S) APPLICANTS)/OWNER(S): James 0. McMasters P. 0. Box 381. Coconut Grove, FL Robert b Cindy Lederman 15020 SW 89 Tort Road PROPERTY ADDRESS(ES) : 3893 Park Ave 110 iwEMO DATE: March 23, 1989 THIS TIER 5:00 PN PZ-18. IRIPPEALtBYICANT NAPPLi95(a) 8 J-89-195(b)3 APPLICANT S)/OWNER(S): ATTORNEY PROPERTY ADDRESSES) : Joaquina Concepcion 2289 SW 17 Ave Lucia A. Dougherty, Esq 1221 Brickell Ave 23 Floor Approx 1661 SW 23 St PETITION : Review of the Zoning Board's decision to deny the Special Exception to permit the existing offsite parking for the parking of private passenger vehicles only in conjunction with El Milagro Market located at 2289 SW 17 Avenue. Planning Department Recommends : DENIAL DENIED, 7-2 .Zoning Board Fifty-five .PROPONENTS present at meeting : N N present at meeting : Thirteen 'Mailreplies in FAVOR : Seven IMail replies AGA= Three PAGE NO. 17 'NOTE: This is a companion itm to items PZ-19`a PZ-20, THIS'ITEM AFTER 5:00 PM PZ-19. RESOLUTION - [J-89-196(a) 6 J-89-196(b)3 APPEAL BY APPLICANT APPLICANT(S)/OWNER(S): Joaquina Concepcion 2289 SW 17 Ave I Rescheduled to kpril 27, 1989 at i 5:00 P.M. ATTORNEY Lucia A. Dougherty, Esq o 1221 Brickell Ave 23 floor PROPERTY ADDRESS(ES) 2269-93 SW 17 Ave 3 - .: Approx 16B1 SW 23 St —' PETITION,-:, Revfiew of the Zoning, Boards s" decision "to ',''deny F the Speclai � Exception- to existing - increase to ,`a legal 'non confo ninq use..(grocery store) (25x sAximum increase perniI ted) . P1Anning Department Recommends : DENIAL' i ZontngyBoard DENIED, 8-i PROPONENTS present:'lit :meeting' Fitty=#ive resent-.' Thirtee.:µnfmeg; t S1xa replies inFAVOR r`. { , Mail repi ies ,,AGATE , " : Three NOTE: This .is m" campiinion item io items PZ-18 a PZ-I t; THIS IT04 AFTER b:00 PM PZ-20. RESOLUTION - rJ-89-197(a) A J-89-197(b)3 APPEAL BY APPLICANT APPLICANTS)/OWNER(S): Joaquina Concepcion 2289 SW 17 Ave ATTORNEY : Lucia A. Dougherty, Esq 1221 Brickell Ave 23 Floor PROPERTY ADDRESSES) : 2289-93 SW 17 Ave 6 Approx 1681 SW 23 St PETITION : Review of the Zoning Board's decision to deny the Variance to allow the existing offsite surface parking lot on above site, as per plans on file, with a front yard of 5' (15' minimum front yard required). Planning Department Recommends : DENIAL Zoning Board : DENIED, 8-1 PROPONENTS present at meeting : Fifty-five OPPONENTS present at meeting Thirteen Mail replies in FAVOR Six Mail.replies AGATOr Three NOTE: This is a companion item to items PZ-18 8`PZ-19, THIS ITE11 AFTER 5:00 PM PZ-21- SECOND READING ORDINANCE - (J-88-1073) . ZONING TEXT AMQ APPLICANTS) : Planning Dept PETITION : Ord 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending: Subsections 2024.1.3, entitled 'Limitations on location and Extension of Docks and Piers in Residential and CR-2 Districts; Limitations on Location and Character of Vessels Docked or: Moored"; - Subsection 2024.1.3.1 entitled "Special Limitations Concerning Modification of Separation Requirements in RG-2.1, RG-3, and SPI-5 Districts"; Subsection 2024.10 entitled •Extensions of Docks and Piers into Waterways Generally"; and ,Subsection 2024.11 entitled 'Extensions of Docks into Waterways, Canals or Biscayne Bay; Special Exceptions'; by Increasing from twenty-five (25) feet - to i> thirty-five (35) feet the. permitted distance that docks or piers may, extend into Biscayne Bay and other waterways; and prohibiting i grants of variance in these instances. in. the RS-19 RS-2 and RG-I Districts. r. (Conti nued`on next page) s s E i Continued by M-89-307 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS ;E- 5 -�{pp y� :n �s Continued by M-89-307 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS '1 ry 1 • ,i xY 5 �t" y 3r i fw�f� THIS ITEM AFTER 5:00 PM PZ-22. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: APPROVAL, 6-2 Date(s) Continued : Nov 17, 1988 Not Taken Up : Doc 15, 1988 Date First Reading : Jan 26, 1989 Moved : Comm Plummer Second : Comm Dawkins M Suarez Absent DeYurre Kennedy Date(s) Continued : Feb 239 1989 FIRST READING ORDINANCE*- (J-88-1075) ZONING TEXT AMD APPLICANTS) Planning Dept., PETITION An Ordinance amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Section 2501, requiring applicant transmitted courtesy certified mail notification of applications to adjacent property owners or condominium associations as a precondition for Class C Special Permits; and amending Section 3506 by correcting scriveners errors and providing that notice of changes to Zoning Ordinance Text or Schedule of District Regulation shall be solely by publication; containing a repealer provision and a severability clause. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: DENIAL, 8-0, Date(s) Continued Nov 17, 1988 Not Taken Up ; Dec'15, 1988 Date(s) Continued s Jan 26-b . r.� ��•-�onn i FIRST READING- (As Modified) { MOVED: KENNEDY SECONDED: PLUMMER UNANIMOUS k' y �t �f S $. v Sj i ick s! - � p, 7,4 i uWnN0 DATE. March 23, 1989 THIS ITEM AFTER 5:00 PM PZ-230 FIRST READING ORDINANCE - (J-88-1074) CITY CODE AMD APPLICANT(S) : Planning Dept PETITION An Ordinance amending Section 62-55 of the Code of the City of Miami, Florida, as amended, by providing for the requirement of applicant transmitted courtesy certified mail notifications for Planning Advisory Board, Zoning Board and City Commission public hearings, more particularlyand by amending Sections 62-55 (3), by adding a new Section 62-55(6) providing for applicant responsibility for notice of pending administrative action on Special Permits to adjacent property owners or condominium associations; containing.a repealer provision and a severability clause. Planning Department Recommends APPROVAL Planning Advisory Board Recommends: DENIAL,.B-0 Date(s) Continued Nov 171, 1988 Not Taken Up` Dec 15, 1988 Date(s).Continued : Jan 26 6 Feb 23, 1989 THIS ITEM .AFTER 5:00 PM PZ-24. EMERGENCY ORDINANCE CITY CODE AMD APPLICANT(S) - (J-88-1076) : Building and Zoning Dept PAG9 NO: 20 PETITION An Emergency Ordinance amending Section 62-61, Schedule of Fees,, of the Code of the City of Miami,; Florida, as amended, to add a fee to cover the., cost I of mail notifications to the. -public, of ,proposed zoning , changes . or modifications; further, modifying fees. or Major Use -Special Permits : including Development of Regional Impact development projects; ,:containing a repealer — provision and, a. severability, Clause. Oates) Continued NOy'17, 1988 ., Not Taken Up ; . Dec Date($) Continued: Jan'26 6 — Feb 239 1989 FIRST READING (As Modified) MOVEDr KENNEDY SECONDED: PLUMMER UNANIMOUS WE"NG OATE: ■ THIS ITEM AFTER 5000 PM Pt-25. FIRST READING ORDINANCE (J-89-62) CITY CODE _AMD Planning Dept APPLICANT(S) PETITION An Ordinance amending the Code of the City of Miami, Florida: Section .62-55(6) by requiring applicants for Class C Special Permits for Transitional Uses to provide notice to property owners within three hundred and seventy five (375) feet; Section 6.2-61(8) by -requiring applicants for Class -C Special permits for Transitional Uses to pay a conditionally refundable appeal related four hundred. ($400.00) dollar surcharge; and Section 62-62(a) by providing for the waiver of -,appeal, fees relative to Class C Special Permits. under certain circumstances; and providing an effective date. Planning Department Recommends. APPROVAL Planning Advisory Board Recommends: APPROVAL of notification and DENIAL of $400 surcharge and waiver of,appeal..,fee by 7'to I vote. NOTE: This Is a cuipanion item to item PZ-26. THIS ITEM AFTER 5:00 PH PZ-26. FIRST READING ORDINANCE - (J-89-63) ZONING TEXT AND APPLICANT(S) : Planning Dept PETITION : An Ordinance amending Ordinance No. 95009 the Zoning Ordinance of the City of Miami, Florida, by amending: Section 2501 by requiring applicants for Class. C Special Permits for Transitional Uses to provide notice to property owners within three hundred and seventy five (375) feet; Section 2503.5 to limit the effective date of Class'C Special Permits to one year r Subject to renewals; and Section 3001 to extend the time. limit for appealing, Class C Special Permits for Transitional Uses to thirty (30) days; and providing an effective date* Planning Department Recommends APPROVAL Planning Advisory Board Recommends; APPROVAL, 84 . NOTE: This is a companion .11; W to item PZwZ& March 23, 1989 PAGE NO: 21 Continued by M-89-307 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS Continued by M"89-307 MOVED: PLUMMER SECONDED: KENNEDY: UNANIMOUS 6.f Q li5 n', THIS ITEM i AFTER 5:00 PM PZ-27. FIRST READING ORDINANCE ZONING TEXT AMD APPLICANT(S) Planning Dept PETITION : An Ordinance amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, - Subsection 2104.6, by providing that discontinuance of a Nonconforming Use to part of a building, after ra time certain, will — necessitate zoning -district conformance for _ future uses; Articles 26 and 319 to provide that Variance applications will not be accepted which would attempt to alter a prior grant of,Special Exception; Subsections 2802.3 and 2802.5 to provide more specific time limits for Planning Director's receipt of - Major.Use Special Permit referral comments and transmittal: of recommendations; and Section 2803 to provide that Major Use Special Permits — shall be effective for. two years, with two. year renewal: periods; and providing an — effective date. — Planning Department Recommends APPROVAL — Planning Advisory Board Recommends: APPROVAL, 7-1 Not Taken Up : Dec 15, 1988 Dates),Continued : Jan 26 3 • Feb 239 1989 r �;z tti ,a�'s I THIS ITEM AFTER 5:00 PM PZ-28. FIRST READING ORDINANCE - (J-88-1109) ZONING TEXT AMD '= APPLICANT(S) Planning Dept PETITION An Ordinance amending Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Subsection 2301.59 entitled 'Major Use Special Permits; Intent; Determinations`by Continued by M-89-307 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS AC�A MEETINGDATE: March 239 1989 PAGE NO: 24 THIS ITEM ArM 5:00 PM PZ-29. FIRST READING ORDINANCE - W-89-05) ZONING TEXT AMD APPLICANT(S) Planning Dept PETITION An Ordinance amending Ordinance No. 9500, as amended. the Zoning Ordinance of the City of Miami, Florida, by amending the Schedule of District Regulations, page 4 of 6, CR-1 Principal Uses and _ Structures, to authorize, generally, financial institutions without drive -through facilities and, by Special Permit, all types of drive - through facilities; further, amending the CG-1 and C6D-1 Districts of Page 5 of said Schedule and Column, and Sections 2031 and 3602 of the Zoning Text, to change references from "drive- in" to "drive -through." FIRST READING MOVED: KENNEDY SECONDED: DE YURRE NOES DA;WKZNS . ABSENT: SUAREZ Continued by ` M-89-307 4` MOVED: PLUMMER t� SECONDED: KENNEDY` UNANIMOUS at r {, Jrk ,i f 1n. i �.j Y dry ' f�C 3 � C r Y't �f rye. ti ri V +r'T MEE'T':NG DATE: Narth Z3, 1939 THIS ITEM AFTER 5:00 PN PZ-31, FIRST READING ORDINANCE - (J-89-177) ZONING TEXT AMD APPLICANT(S) Planning Dept PETITION : An Ordinance amending Section 3006 of Ordinance No. 95009 the Zoning Ordinance of the City of Niami, Florida, to provide that a concurring vote of five (5) members of the Zoning Board shall be required to reverse any decision of an administrative official or to decide in favor of the appellant in any matter before said Board. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: APPROVAL, 9-0 THIS ITEM AFTER 5:DO PH PZ-32. FIRST READING ORDINANCE - (J-89-252) ZONING TEXT AMD APPLICANTS) : Planning Dept PETITION : An Ordinance amending Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Niami, Florida, by amending SPI-5 Brickell-Miami River Residential - Office District Provisions: Subsection 1553.2., by changing permissible retail and service uses and limitations pertaining to size, ground floor location and accessibility of establishments; Subsection 1556.2.2.9 by changing the contribution to the Affordable Housing Trust Fund from four dollars ($4000) per square foot to a maximum of six dollars and sixty seven cents ($6.67) per square foot, adding certain public amenity uses to the retail bonus and changing accessibility and ground floor frontage requirements, providing a new bonus for child care, and changing the title appropriately; Subsection 1556.2.3.4 by excluding circulation and common areas from the retail and service FAR :limitations; Subsection 1556.3.6.1.9` by modifying the amount of required urban plaza space; Section 1558., by Increasing the maximum parking limitations for retail use, restaurants, bars, nightclubs, supper cljues and theaters; and providing.an effective date. P;WM.hg Dopartnient;.,Reccsnrnends APPROVAL Planning IuiViaory 5aard Recommends; APPROVAL, 5R0 S 1 Y; tt 'i Continued by M-89-307 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS i .'j FIRST READING` MOVED: DAWKINS SECONDED: PLUMMER UNANIMOUS y(j °F fin 9 k l7 ! Nz x: Y �tf�. c z 3p 2 dY T ITEM PZ-33 SHALL NOT BE CONSIDERED BEFORE 6:00 PM THIS ITEM AFTER 6:00 PM PZ-33. DISCUSSION ITEM - PLANNING DEPARTMENT Per Motion 089-208; February 23, 1989; the City Commission directed a public hearing for consideration of a moratorium on applications for Adult Congregate Living Facilities throughout the City of Miami. DEFERRED 4;.