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Home My WebLink AboutCC 1988-12-15 Marked AgendaEa MAYOR XAVIER L. SUAREZ VICE MAYOR VICTOR H. DE YURRE COMMISSIONER MILLER 1. DAWKINS COMMISSIONER ROSARIO KENNEDY COMMISSIONER I.L. PLUMMER, JR. CITY MANAGER CFSAR H. ODIO ITY COMMIANIL SSION AGENDA MEETING DATE: December 15. 1988 CRY 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 Cmission has established a policy that Commission meetings will adjourn at the conclusion of deliberations on the agenda item being considered at 9:00 PN. (Resolution No. 87-115) This meeting shall convene at 2:00 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 Comoission Meeting. PLANNING A ZONING ITEMS BEGINNING AFTER 2:00 PM: ITEMS PZ-I THROUGH PZ-4 BEGINNING AFTER 5:00 PM: ITEMS PZ-5 THROUGH PZ-17 Should any person desire to appeal any decision of the Miami City Comelission with respect to any clatter to be considered at this sleeting, that person shall insure that a verbatim record of the proceedings is made Including all testimony and'evidence upon which any appeal slay be based. 2:00 PN INVOCATION AND PLEDGE OF ALLEGIANCE NOTE: The City Clerk's Office is the source of all legislative history references. R-88-1211 (AS AMENDED) MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS :ITY COMMISSION AGENA PAGE NO: 2 WEETWO DATE: December 151 1988 :00 PM 5MLIC HEARINGS THIS ITEM AFTER 2:00 PN PZ-1. RESOLUTION CONTINUANCE OF PUBLIC HEARING DATES APPLICANT(S) : Planning Dept PETITION : A Resolution, with attachment, continuing public hearings for consideration of an ordinance adopting the Miami Comprehensive Neighborhood Plan 1989- 2000, from December 15, 19889 to January 26, 1989, for First Reading, and a date to be announced for Second Reading. THIS ITEM AFTER 2:00 PM PZ-2. SECOND READING ORDINANCE - (J-88-488) ZONING ATLAS AMD APPLICANT(S) : Planning Dept PROPERTY ADDRESS(ES) : Approx 401-47 N Miami Ave Chaille Block PETITION Ord 9500 atlas change by applying Section 1610 HC-1. Planning Department Recommends APPROVAL Neritage Conservation Board Recommends APPROVAL, 5-0 Planning Advisory Board Recommends: APPROVAL, 6-3 Date(s) Continued : June 23, 198B Date First Reading : Oct 27, 1988 Moved : Comm Plummer Second : Conn Kennedy Y) : Suarez, DeYurre Absent) : Dawkins Dates) Continued s Nov 17, 1988. e CI TY ou1'IV1 1SSION XNA MEETING DATE: December 159 196B PAGE NO: 3 THIS ITEM AFTER 2:00 PM PZ-3. SECOND READING ORDINANCE - (J-68-1046) ZONING ATLAS AMD APPLICANT(S) : Planning Dept OWNER(S) : G. Tom Gurr, Vice President Constructs We Inc 1110 Brickeil Ave Suite 407 PROPERTY ADDRESS(ES) : Approx 3035 Grand Ave Coconut Grove Arcade PETITION : Ord 9500 atlas change to eliminate the HC-i, ranoving the historic designation, and retaining SPI-2. Planning Department Recommends Heritage Conservation Board Recommends : Planning Advisory Board Recommends: Date First Reading Moved Second Vote THIS ITEM AFTER 2:00 PM PZ-4. RESOLUTION - (J-88-104) AMENDING MAJOR USE SPECIAL PERMIT APPROVAL APPROVAL, 5-0 APPROVAL, 8-0 Nov 17, 1988 Comm Plummer Comm Dawkins Unanimous Consideration of amending the Bayside Specialty Center Major Use Special Permit, approximately 499 Biscayne Boulevard (Resolution 84-724. June 28, 1984)9 by caking findings, substituting an updated traffic study, amending paragraph 1 of the permit by changing the allowable amount of retail facilities from 230,000 square feet of gross building area to 267,000 square feet of leasable area and 397,000 square feet of gross building area; amending paragraph 3 of the permit to reference all outstanding lease agreements between Bayside Center limited Partnership and the City of Miami; amending other paragraphs by expanding the term 'Bayside limited Partnership' to •Bayside Center limited Partnership;• and attaching and referencing a new exhibit ` W site plan to the permit; per Article 28 Major Use Special Permits of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami. Planning Department Recommends : Planning Advisory Board Recommends: Date(s) Continued APPROVAL APPROVAL, 9-0 Jan 28, Feb 25, Mar 10, Mar 24, Jun 23, Jul 21, Sep 27, Oct 27, 8 Nov 170 1988 ORDINANCE 10531 MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS R! S CITY COMMISSION AGENDA MEETING DATE: December 15, 1988 PAGE NO: 4 THIS ITEM AFTER 5:00 PN PZ-S. RESOLUTION - 0-88-108S(a) 8 J-88-1085(b)3 APPEAL BY PLANNING DEPARTMENT APPLICANT Fort Schoenberg Properties, Inc. 2151 LeJeune Road, Suite 300 Coral Gables PETITION : Review of the Heritage Conservation Board's decision authorizing a certificate of approval for the removal of eight black olive trees on the south side -of Coral Way (SW 22nd Street) at SW 33rd Avenue, within the Coral Way scenic transportation corridor, established by Ordinance 9897, adopted September 20, 1984, thereby allowing construction and installation of a traffic signal and a left -turn only storage lane on east bound Coral Way at SW 33rd Avenue and necessarily reducing the swale area on the south side of Coral Way to accommodate two east bound through lanes and retaining all other conditions of the Heritage Conservation Board Resolution. Heritage Conservation Board : APPROVED, 6-2 Date(s) Continued : Nov 17, 1988 THIS ITEM AFTER 5:00 PH PZ-6. RESOLUTION - [J-88-1149(a) i J-88-1149(b)3 APPEAL BY OBJECTOR APPELLANT Tucker Gibbs, President Coconut Grove Civic Club P.O. Box 381 APPLICANTS)/OWNER(S): Tropical Federal Savings 8 Loan Association 4343 W Flagler St ATTORNEY : Lucia A. Dougherty, Esq 1221 Brlckell Ave PROPERTY ADDRESS(ES) : 29DO Bridgeport Ave PETITION : Review of the Zoning Board's decision to approve the Variance to allow the conversion of the residential portion of the existing office building to office use, on above site, as per plans on file, providing 32 of 40 required off-street parking spaces. Planning Department Recommends : DENIAL Zoning Board : APPROVED, 9-0 PROPONENTS present at meeting : One UPPRENTS present at meeting : One Mail replies in FAVOR : One Mail replies AGATR9- : One R-88-1212 (As Amended) MOVED: PLUMMER SECONDED: KENNEDY UNANIMOUS Appeal Denied By R-88-1213 (As Amended) Zoning Board Upheld MOVED: PLUMMER SECONDED: DE YURRE NOES: SUAREZ i MEETING DATE: December 151, 1988 PAGE NO: 5 THIS ITEM AFTER 5:00 PM PZ-7. RESOLUTION - [J-88-1125(a) i J-68-1125(b)3 APPEAL BY APPLICANT APPLICANTS)/OWNER(S): Ana Gertrudis de Ruiz and Miguel A. Ruiz 2801 NW 6 St ATTORNEY Lucia A. Dougherty, Esq 1221 Brickell Ave PROPERTY ADDRESS(ES) : 2801 NW 6 St PETITION : Review of the Zoning Board's decision to deny the Variance to allow the construction and operation of a parking lot for private passenger vehicles for Republic National Bank, on above site, as per plans on file, having a front yard of 5' (10' required); a side street yard of 5' (7160 required); and an interior yard of 1130 (5' required), and access for private vehicles through a residential district (which is prohibited). Planning Department Recommends : DENIAL Zoning Board : DENIED, 9-0 PROPONENTS present at meeting : Seven UPFUN-EN73 present at meeting : Forty-six Nail replies AGAINST : Eight NOTE: This is a empanion its to item PZ-B. THIS ITEM AFTER 5:00 PM PZ-8. RESOLUTION - [J-88-1126(a) i J-88-1126(b)3 APPEAL BY APPLICANT APPLICANTS)/OWNER(S): Ana Gertrudis de Ruiz and Niguel A. Ruiz 2801 NW 6 St ATTORNEY Lucia A. Dougherty, Esq 1221 Brickell Ave PROPERTY ADDRESS(ES) : 2801 NW 6 St PETITION : Review of the Zoning Board's decision to deny the Special Exception to a11ow the parking of private passenger vehicles on above site, as per plans on file, in conjunction with Republic National Bank located at 2800 NW 7 Street. Planning Department Recommends : DENIAL Zoning Board : DENIED, 9-0 PROPONENTS present at meeting : Seven OPPONE 'present at meeting : Forty-six Nail replies AGAINST : Eight MOTE: This 13 a companion item to item PZ-7. Appeal Denied By R-88-1214 Zoning Board Upheld MOVED: DE YURRE SECONDED: DAWKINS UNANIMOUS Appeal Denied By R-88-1215 Zoning Board Upheld MOVED: DE YURRE SECONDED: DAWKINS UNANIMOUS jiTy COMMISSION AGENDA MEETING DATE: Doewber 15, 1988 PAGE NO: 6 THIS ITEM AFTER 5:00 PM PZ-9. RESOLUTION - EJ-88-1127(a) 8 J-88-1127(b)3 APPEAL BY APPLICANT APPLICANT (5) /OWNER (S): Flagler Memorial Park Cemetery c/o Frank Bango 7020 NW 72 St ATTORNEY Robert H. Traurig, Esq 1221 Brickell Ave PROPERTY ADDRESS(ES) : 5301 W Flagler St PETITION : Review of the Zoning Boards decision to deny the Variance to allow the construction of a mausoleum 105160 in height (25' maximum height allowed). Planning Department Recommends : DENIAL Zoning Board : DENIED, 7-1 PROPONENTS present at meeting : Sixteen OPPONENTS present at meeting : One Hundred Forty-five Mail replies AGAINST : Twenty-one THIS ITEM AFTER 5:00 PM PZ-10. 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 Regulations 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 Appeal Denied By R-88-1216 Zoning Board Upheld MOVED: DE YURRE SECONDED: KENNEDY UNANIMOUS NOT TAKEN UP NOT TAKEN UP NOT TAKEN UP 1.CITY COMMISSION. AGOIDA MEETwG DATE: December 16. 1998 PAGE NO: 7 THIS ITEM AFTER 5:00 PM PZ-11. 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 snail notifications for Planning Advisory Board, Zoning Board and City Commission public hearings, more particularly by amending Sections 62-55 (3), (4)9 (5) and 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, 8-0 Date(s) Continued : Nov 17, 1988 THIS ITEM AFTER 5:00 PM PZ-12. EMERGENCY ORDINANCE - (J-68-1076) CITY CODE AMD APPLICANT(S) : Building and Zoning Dept PETITION : An Emergency Ordinance amending Section 62-61, Schedule of Fees, of the Code of the City of Miami, Florida, as mended, to add a fee to cover the cost of :nail notifications to the public of proposed zoning changes or modifications; containing a .repeater provision and a severability clause. Date(s) Continued s Nov 179 1988 e CITy cOMMISSION AGENDA UEETING DATE: Detember 15, 1968 PAGE NO: 8 FNIS ITEM AFTER 5:00 FM PZ-13. FIRST READING ORDINANCE - (J-88-1156) FIRST READING MOVED: DAWKINS LITY CODE AND SECONDED: DE YURRE APPLICANT(S) s Planning Dept UNANIMOUS PETITION : An Ordinance amending Chapter 141, entitled •Downtown Development', of the Code of the City of Miami, Florida, as amended, by adding a new Article IV, entitled 'Regulations Affecting Development Within the Downtown and Southeast Overtown/Park West Developments of Regional Impacto; providing e for: General Intent; Definitions; Procedures and Time Limits for Reservation of Development Credits; Reallocation of Expired or Rescinded Credits; Effect of Plan Changes; and Appeal Procedures; providing for environmental and traffic related regulations relative to new development; and providing for enforcement. THIS ITEM AFTER 5:00 PM PZ-14. FIRST READING ORDINANCE - (J-88-953) NOT TAKEN UP _ 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 ARTICLE 15-SPI SPECIAL PUBLIC INTEREST DISTRICTS, Section 1560 SPI-6 CENTRAL _ COMMERCIAL RESIDENTIAL DISTRICT, Section 1569 Limitations on Signs; Section 1570 SPI-7 aRICKELL-MIAMI RIVER RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, Section 1579 Limitations on Signs to slake said sections subject to provisions of Section 2026.16; Section 2026 - Signs, Specific Limitations and Requirements, by adding a new Subsection 2026.16 and clarifying other subsections; and amending the Schedule of District Regulations, Page 29 Accessory Uses -Limitations on Signs RG-2, RG- - 2.1, RG-2.30 RG-3 GENERAL RESIDENTIAL; Page 49 Uses and Structures, Accessory uses Limitations on Signs, CR COMMERCIAL RESIDENTIAL (GENERALLY); Page 5, Accessory Uses -Limitations on Signs, CG GENERAL COMMERCIAL, to provide that all exterior onsite signs above a height of 50 feet above grade will be restricted in size, color, number,, lighting, design and subject matter; subject to review by the Urban Development f' Review Board and -issuance of a Class C Special Permit by the Planning Director. Planning Department Recommends APPROVAL Planning Advisory Board Recommends: APPROVAL, 9-0 Date(s) Continued : Nov 17 1988 tffY CONISSION AGENDA MEETING DATE: December 15, 1988 PAGE NO: 9 THIS ITEM AFTER 5:00 PM Pt-15. FIRST READING ORDINANCE - (J-88-1073) ZONING TEXT AND APPLICANT(S) : 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-2.19 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 thirty-five (35) feet the permitted distance that docks or piers may extend into Biscayne Bay and other waterways; and prohibiting grants of variance in these instances in the RS-I, RS-2 and RG-1 Districts. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: APPROVAL, 6-2 Date(s) Continued : Nov 17, 1988 THIS ITEM AFTER 5:00 PM PZ-16. FIRST READING ORDINANCE - (J-88-1110) ZONING TEXT AND APPLICANT(S) : Planning Dept PETITION : An Ordinance amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, Section 2104, entitled °Nonconforming Uses of Major Structures, or of Structures and Premises in Combination,• Subsection 2104.6, entitled •Discontinuance, • by providing that discontinuance of a nonconforming use in part of a building, after a time certain, will necessitate Zoning district conformance for future uses Articles 26 and 31, entitled *Class D Special Permits and Special Exceptions; Detailed Requirements" and *Appeals for Variance from terms of Ordinance,• respectively, to provide that variance applications will not be accepted which would attempt to alter a prior grant of special exception; Article 28, entitled "Major Use Special Permits; Detailed Requirements," by amending'. Subsections 2802.3 and 2802.5 to provide more sp.ec.ific time limits for Planning (Continued on next page) NOT TAKEN UP NOT TAKEN UP `r { fi �y a ' CITY ripuMMISSION -AGENDA MEETING DATE: December 159 1088 PAGE NO: 10 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. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: APPROVAL. 7-1 THIS ITEM 5:00 PN PZ-17. FIRST READING ORDINANCE - (J-88-1109) ZONING TEXT AND 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 2301.5, entitled 'Major Use Special Permits; Intent; Determinations by City Commission; Referrals,• by providing that the Planning Director shall receive and :Hake recommendations on all applications for Major Use Special Permits and Amendments thereto and forward same to the Planning Advisory Board for recommendations; by amending Section 2806, entitled •Changes in Approved Major Use Special Permit,• by referencing substantial deviations from developments of Regional Impact per Section 38D.06, Florida Statutes, and providing procedures for reviewing substantial changes from previously approved Major Use Special Permits, and by providing for a recommendation on such changes from the Planning Advisory Board, at a public hearing, with abbreviated notice; and by amending Section 3515, entitled •Requirements Concerning Changes in Original Applications After Processing Begins,• by defining •Substantial Change,• and providing criteria and wthodology for determining such changes. Planning Department Recommends : APPROVAL Planning Advisory Board Recommends: APPROVAL, 6-1 NOT TAKEN UP