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Home My WebLink AboutCC 1986-02-27 Marked Agenda11 n It av(goom MAYOR XAVIER L. SUAREZ VICE MAYOR MILLER 1. DAWKINS COMMISSIONER JOE CAROLLO COMMISSIONER ROSARIO KENNEDY COMMISSIONER I.L. PLUMMER. JR. CITY MANAGER CESAR H. ODIO CITY COMMISSION AGENDA MEE"!NG DATE. February 27, 1986 CITY HALL 3500 PAN AMEP,ICAN DFrv` THE AGENDA FOR THIS MEETING WHICH CCMMENCES AT 2:00 P.M. CCNSISTS OF TWO PARTS: ' im NON -PLANNING & ZONING ITEMS BEGINNING AT 2:05 PM: I EM A BEGINNING AFTER 2:45 PM: ITEMS B, C and D BEGINNING AT 4:00 PM: ITEM E BEGINNING AFTER 3:00 PM: ITEMS 1 T=RCUGH 11 BEGINNING AFTER 5:00 PM: ITEM 13 BEGINNING AFTER 6:00 PM: ITEMS 14 AND 15 NOTE: ITEM 12 HAS BEEN FTnWRAWN 2:00 P.M. INVCCATICN AND PLEDGE OF AL:.EGI-.NCE P°ESENTATICNS AND PRCCLAMAT:CNS NCN-SCHEDULED AGENDA ':EMS dom", NON -PLANNING & ZONING ITEMS 2:05 P.M. (PH) A. PUBLIC HEARING Concerning proposed legislation re-establishing Department of Building and Zoning. - I NOTE: ITEMS B,C AND D SHALL NOT BED CONSIDERED BEFORE 2:45 P.M. B. RES•OLUTION - (AUTHORIZING GRANT APPLICATION Authorizing the City Manager to proceed with a request for funds from the Florida Inland Navigation District to stabilize the shoreline of City owned property at four locations along the Miami River on a maximum 50/50 matching fund basis; agreeing to abide by certain criteria set forth by tbe, Florida Inland Navigation District Board of Commissioners. DELIVERED FIRST READING MOVED: DAB^IKINS SECOND: CAROLLO NOES: PLMMER R- 86-153 flOVED : DAWKINS SECOND: PLUMIER ABSENT: KENNEDY U CITY COMMISSION AGENDA MEETING DATE February 27, 1986 9 C. RESOLUTION - (APPOINTING MEMBERS) Appointing two members to the Civil Service Board of the City of Miami, Florida. (This item was scheduled but not considered on the February 13th Agenda). D. RESOLUTION - (AUTHORIZING PAYMENT OF ATTORNEY'S FEES) Authorizing the Director of Finance to pay to the Law Firm of Black & Furci on behalf of the Fraternal Order of Police the sum of $205,750.00 as complete and total payment of Attorneys' fees and costs incurred for defense of Luis Alvarez in a criminal proceeding arising out of the performance of his duty as a City of Miami Police Officer. UNIFIED DEVELOPMENT PROJECT MARINE STADIUM PUBLIC HEARING 4:00 P.M (PH) E. RESOLUTION - (AUTHORIZING UNIFIED DEVELOPMENT PROJECT) Declaring that the most advantageous method to develop certain improvements on City -owned front land is by a Unified Development Project (UDP), authorizing the issuance of a request for proposals for a Unified Development Project UDP for the development of cultural, recreational, entertainment and marine - oriented retail uses including food and beverage sales at Miami Marine Stadium located at 3 01 Rickenbacker Causeway; selecting a certified public accounting firm and appointing members to a review committee to evaluate the proposals and report to the City Manager as required by the City of Miami Charter Section 53(c)• (This item is a continuation of th Public Hearing whic commenced at the Februar 13th Meeting). L_:_�i PAGE NO 2 R- 86-1.61 MOVED: PLUMMER SECOND: CAROLLO UNANIMOUS R- 86-154 MOVED: CAROLLO SECOND: KENNEDY NOES: DAWKINS M- 86-160 MOVED: CAROLLO SECOND: PLUMMER NOES: SUAREZ T CITY COMMISSION AGENDAJ=�L��J MEETING DATE: February 27, 1986 PAGE NO: 3 PLANNING & ZONING ITEMS 1. ORDINANCE - ZONING ATLAS AMD - SECOND READING ORD. 10083 MOVED: PLUMMER APPLICANTS) Planning Dept SECOND: KENNEDY UNANIMOUS OWNERS) Maria Garcia 3177 SW 24 Terr PROPERTY ADDRESS(ES) : Approx 1501 SW 2 Ave PETITION : Correction of a scrivener's error by deleting the rezoning from RG-2/5 to RO-1/5 per Ordinance 9999, May 23, 1985; and confirming the rezoning from RG-2/5 to RO-3/5 per Ordinance 9998, May 23, 1985. Planning Department Recommends Approval Planning Advisory Board Recommends: Approval, 9-0 Date First Reading : Jan 23, 1986 Moved : Comm Dawkins Second : Comm Carollo Vote . Unanimous IF THIS APPLICATION IS NOT LEGISLATIVELY DECIDED WITHIN 55 DAYS FROM FEBRUARY 27, 1986, THIS APPLICATION SHALL BE DEEMED TO HAVE BEEN DENIED. (ORD 9500, SECTION 3513) S .7 � CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 PAGE NO: 4 2. RESOLUTION - APPEAL BY OBJECTORS APPELLANT(S) Belle Meade Island Homeowners Association, Inc Marguerite Shearin, President Helen Pell, Secretary 1169 Belle Meade Island APPLICANTS)/OWNER(S): Caroline E. Gaynor 960 NE 78 Street Margaret C. Eagan Forest Ave Rye, New York POWER OF ATTORNEY : Caroline Gaynor 960 NE 78 Street PROPERTY ADDRESS(ES) : 960 NE 78 St ' PETITION : Review of the Zoning Board's decision to continue approval of the Special Exception granted by the Zoning Board on July 16, 1984 (Resolution ZB 55- 85) allowing the occupancy of one private pleasure craft as living quarters as a principal use, as per site plan on file, in connection with the vacant lot v previously described, said approval subject to maintenance and clean up of the site and a review for compliance six (6) months after the date of issuance of a Certificate of Occupancy. The granting of the continued approval is subject to a review by the Zoning Board two (2) years from December 16, 1985 for continued compliance of maintenance and clean-up of the site; zoned RS-2/2 One -Family Detached Residential. Planning Department Recommends: Approval Zoning Board Continued approval subject to a review for continued compliance two years from December 16, 1985, 8-0 PROPONENTS present at meeting : Seven WONENTS present at meeting : Twenty-three Date(s) Deferred : Jan 23, 1986 APPEAL DENIED BY R— 86-155 MOVED: KENNEDY SECOND: PLUMMER NOES: SUAREZ t� 0 CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 PAGE NO: 5 3. RESOLUTION - STREET CLOSURE APPLICANTS)/OWNER(S): HCA Health Services of Florida, Inc 1 Park Plaza, Nashville, TN Marck One a Florida General Partnership 3661 S Miami Ave ATTORNEY : Robert Kaplan, Esq 1401 Brickell Ave PROPERTY ADDRESS(ES) : 1660 NW 7 Ct & 1601 NW 8 Ave PETITION : Official Vacation and Closure of the 20' alley running west and south from the west right-of-way line of NW 7 Court between NW 15 and 17 Streets; as a condition of approval of Tentative Plat #1268 - "HIGHLAND PARK HOSPITAL SUBDIVI- SION FIRST ADDITION". Planning Department Recommends: Approval Zoning Board Recommends : Approval, 7-0 PROPONENTS present at meeting : One 4. RESOLUTION - DRIVE-IN FACILITY APPLICANTS)/OWNER(S): Real Estate Partners, Inc c/o Enrique Fernandez, Pres 550 NW Le] eune Rd, Ste 202 PROPERTY ADDRESS(ES) : 2800 NW 7 Street PETITION : Special Exception with approval by the City Commission as listed in Ordinance 9500, as amended, the Zoning` i Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential, Principal Uses and Structures to permit a drive-in facility for the Republic National Bank, as per plans on file; zoned CR-2/7 Commercial - Residential (Community). This Special Exception is filed in conjunction with Special Exceptions for a reduction in the number of reservoir spaces for a drive-in facility and a reduction in width of the transitional area where a CR lot adjoins an RS-2 district. Planning Department Recommends: APPROVAL subject to a 20' landscaped area and no reduction allowed to required number of reservoir spaces Zoning Board GRANTED with a time limitation of 12 months in which a building permit must be obtained, 7-0 PROPONENTS present at meeting : Two DMNENTS present at meeting : One This is a companion item to items 5 and 6. R- 86-156 MOVED: PLUMMER SECOND: KENNEDY ABSENT: DAWKINS R- 86-157 (AS AMENDED) MOVED: PLUMMER SECOND: KENNEDY UNANIMOUS A CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 5. RESOLUTION - DRIVE-IN FACILITY APPLICANTS)/OWNER(S): Real Estate Partners, Inc c/o Enrique Fernandez, Pres 550 NW LeLl eune Rd, Ste 202 PROPERTY'ADDRESS(ES) : 2800 NW 7 Street PETITION . Special Exception with approval by the City Commission as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2031, Subsection 2031.2 to permit a reduction on the number of reservoir spaces from a required minimum of 10 to 9 reservoir spaces on Lane 1 and from 10 to 1 on Lane 2 for the proposed drive-in facility for the Republic National Bank, as per plans on file; zoned CR-2/7 Commercial -Residential (Community). This Special Exception is filed in conjunction with Special Exceptions to permit a drive-in facility and a reduction in width of the transitional area where a CR lot adjoins an RS-2 district. Planning Department Recommends: Denial Zoning Board . Motion to GRANT failed by a 2 to 5 vote, therefore constituting a denial of the Special Exception PROPONENTS present at meeting : Two PPONENTS present at meeting : One This is a companion item to items 4 and 6. 6. RESOLUTION - APPEAL BY PLANNING DEPARTMENT APPELLANTS) . Planning Dept APPLICANTS)/OWNER(S): Real Estate Partners, Inc c/o Enrique Fernandez, P res 550 NW Le] eune Rd, Ste 202 PROPERTY ADDRESS(ES) 2800 NW 7 Street PETITION Review of the Zoning Board's decision to grant the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial - Residential, Transitional Uses, Structures and Requirements to permit construction of a proposed drive-in teller facility for the Republic National Bank, as per plans on file, with a reduction of the 50' transitional area to a 10' landscaped area; zoned CR-2/7 Commercial - Residential (Community). This Special Exception is filed in conjunction with Special Exceptions to permit a drive-in facility and a reduction in the number of reservoir spaces for a drive-in facility which require City Commission approval. Planning Department Recommends: DENIAL of a reduction as requested; APPROVAL of reduction to a 20' landscaped area Zoning Board GRANTED with a 10' landscaped area and a time limitation of 12 months in which a building permit must be obtained, 5-2 PROPONENTS present at meeting : Two present at meeting : One PAGE NO: 6 R- 86-158 (AS AMENDED) MOVED: PLUMMER SECOND: CAROLLO ABSENT: KENNEDY APPEAL DENIED BY R- 86-159 MOVED: PLUMMER SECOND: CAROLLO UNANIMOUS This is a companion item to items 4 and 5. 1��71 CITY COMMISSION AGENDA - . _:... MEETING DATE; February 27, 1986 PAGE NO. 7 7. RESOLUTION - APPEAL BY APPELLANTS APPELLANT(S) E. A. Hancock Advertising, Inc 3856 Douglas Rd ATTORNEY George Knox, Esq 4770 Biscayne Blvd, Ste 970 PETITION Review of the Zoning Board's decision to deny the appeal and uphold the Zoning Administration Interpretation No. ZI-85-3 "Billboard sign faces under Sectior 2026 of the Zoning Ordinance of the City of Miami, as amended". Zoning Board: Denied appeal, 8-0 8. RESOLUTION - "1986 HOUSING ACTION PLAN - OVERTOWN TARGET APPLICANTS) . Overtown/Park West Office PROPERTY ADDRESS(ES): Area generally bounded by the FEC r-o-w on the east, NW 5 St on the south, the Miami River, State Rd 836 and I-95 on the west, and irregularly bounded by NW 21 Terr, NW 22 St to NW 3 Ave and NW 20 St to the FEC r-o-w on the north PETITION Consideration of adopting, in principle, the "1986 Housing Action Plan - Overtown Target Area" (November, 1985), which proposes to provide 85 units of standard housing in the Overtown Target Area through rehabilitation and new construction and further recommending that the request for proposals to be issued by the City, be written to give a Community - based, non-profit organization in Overtown exclusive use of sites 10 and 11 for housing in Overtown. The Overtown Target Area is generally bounded by: the FEC right-of-way on the east, NW 5th Street on the south, the Miami River, State Road 836, and I-95 on the west, and irregularly bounded by NW 21st Terrace, NW 22nd Street to NW 3rd Avenue and NW 20th Street to the FEC right-of-way on the north. Planning Department Recommends : Approval Planning Advisory Board Recommends: Approval, as amended, 9-0 APPEAL GRANTED BY R- 86-1G4 (AS AMENDED) MOVED: DAWKINS SECOND: CAROLLO NOES: SUAREZ R- 86-1.71 MOVED: PLUMMER SECOND: DAWKINS ABSENT: CAROLLO KENNEDY c CITY COMMISSION AGENDA �f; MEETING DATE: February 27, 1986 PAGE NO: 8 9. RESOLUTION - PLAT ACCEPTANCE APPLICANT(S)/OWNER(S): Maria Pauline Mesa de Lostal & Teresa D. Stein PROPERTY ADDRESS(ES) : SW 8 St & SW 53 Ave PETITION : Accepting the plat entitled "LEITNER TRACT AMENDED", a subdivision in the City of Miami; and accepting the dedications shown on said plat; and authorizing and directing the City Manager and City Clerk to execute the plat and providing for the recordation of said plat in the Public Records of Dade County, Florida. Plat and Street Committee Recommends: Approval 10. DISCUSSION - CLAUGHTON ISLAND biscussion regarding Claughton Island. 11. RESOLUTION - CLAUGHTON ISLAND Resolution regarding Claughton Island. THIS ITEM ITEM 12 SHALL NOT BE CONSIDERED BEFORE 3:30 PM AFTER 12. RESOLUTION - MIAMI CENTER I APPLICANTS)/OWNER(S): Miami Center Joint Venture 201-399 Biscayne Blvd ATTORNEY Ethan Minsky, Esq 801 Brickell Ave PROPERTY ADDRESS(ES) Approx 100 Chopin Plaza; Approx 201-399 Biscayne Blvd PETITION : Consideration of a ending a Development Order (Resoluti 396; May 24, 1979, as amended) f i Center I Project, a Devel onal Impact, propo nter Joint Venture aLnj proximately 100 Chopin proximately 201-399 South Bi oulevard being Tract D, DUPONT PL (50-11) P.R.D.C., incorpo- rating the application for development approval and the report and recommenda- tions of the South Florida Regional Planning Council; making findings; approving said project subject to the modifications to the Development Order (continued on next page) R- 86-172 MOVED: DAWKINS SECOND: PLUMMER ABSENT: CAROLLO DISCUSSION R- 86-169 MOVED: SUAREZ SECOND: KENNEDY NOES: DAWKINS CONTINUED BY M- 86-170 MOVED: PLUMMER SECOND: DA19KINS UNANIMOUS !� CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 THIS ITEM AFTER VWo in ru 13. pertaining to the entire site; further, adding conditions pertaining only to the southern 3.01 acres of the subject site known as Biscayne Plaza Phases 1 and 2 with approval of amended Development Order being subject to applicant obtaining necessary zoning approval; further directing the City Clerk to send copies of the herein Resolution and Development Order to affected agencies and the developer. Planning Department Recommends: APPROVAL with modifications of amendments to existing Development Order Planning Advisory Board This item was withdrawn by the applicant at the Planning Advisory Board meeting ITEM 13 SHALL NOT BE CONSIDERED BEFORE 5:00 PM ORDINANCE - ZONING TEXT AMD - SECOND READING APPLICANT(S) . Planning Dept PETITION : AMENDMENT "Q-2" Ord 9500 text amendments by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2020 Parking and/or storage of certain vehicles prohibited or limited to specified districts; limitations on occupancy, Subsections 2020.2.1 Major recreational equipment defined and 2020.2.2 Parking or storage of major recreational equipment as accessory use in residential districts, by permitting boats and boat trailers in front yards in the RS and RG-1 districts, subject to limitations and renumbering paragraphs. Planning Department Recommends Approval Planning Advisory Board Recommends: Denial, 6-0 Date(s) Continued : Dec 19, 1985 Date First Reading : J an 23, 1986 Moved : Comm Carollo Second : Comm Dawkins (Y) Suarez, Kennedy (N) Plummer IF THIS APPLICATION IS NOT LEGISLATIVELY DECIDED WITHIN 55 DAYS FROM FEBRUARY 27, 1986, THIS APPLICATION SHALL BE DEEMED TO HAVE BEEN DENIED. (ORD 9500, SECTION 3513) 0 PAGE NO: 9 CONTINUED TO NEXT PLANNING & ZONING MEETING inn CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 PAGE NO: 10 THIS ITEM AFTER 9=11IN0, 14. ITEMS 14 AND 15 SHALL NOT BE CONSIDERED BEFORE 6:00 PM RESOLUTION - APPEAL BY OBJECTORS APPELLANT(S) John Green, 3158 Florida Ave; Grady Lee Dinkins, 3201 Florida Ave; Michael Marmesh, 3200 Grand Ave; Carl R. Boehm, 3150 Florida Ave; Collette Raker, 3104 Florida Ave; Gol die C 1 ari t, 3197 Florida Ave; Lawrence E. Sokol, 3124 Florida Ave; Betty Ross Kramer, 3114 Florida Ave; Elishama Withers, 3200 Frow Ave & 3340 McDonald St; LaTanya Denard, 3221 Frow Ave APPLICANTS)/OWNER(S): Michael D. Kinerk 3174 Florida Ave Lots 9 and 10 (continued on next page) Dennis W. Wilhelm 3174 Florida Ave Lots 9 and 10 Commodore Plaza Square, Inc PO Box 110110 Lots 11 and 12 Coconut Grove Bank Pension Trust c/o Robert Forbes, Vice Pres 2701 S Bayshore Dr Lots 13 through 18 Charles J . Frow PO Box 57 Marathon, FL Lots 19 and 20 Floyd Frow 1049 83 Street, Ocean Marathon, FL Lots 19 and 20 APPEAL GRANTED R- 86-162 MOVED: DAWKINS SECOND: KENNEDY NOES: CAROLLO PLUMMER ,1 CITY COMMISSION AGENDA v MEETING DATE: February 27, 1986 PAGE NO: 11 Katherine Frow Ciccone Route 4, Box 977 Summerland Key, FL Lots 19 and 20 Lillian Frow Orr 6001 SW 117 Ave Lots 19 and 20 CONTRACT TO PURCHASE ON LOTS 9 AND 10 Commodore Plaza Square, Inc PO Box 110110 LONG TERM LESSEE OF LOTS 13 THROUGH 20 WITH OPTION TO BUY Commodore Plaza Square, Inc PO Box 110110 ATTORNEY Ronald L. Fine 50 Biscayne Blvd, Ste 300 PROPERTY ADDRESS(ES) : 3195 Grand Ave PETITION : Review of the Variance granted by the Zoning Board permitting construction of a proposed commercial/ residential structure (Post Office Plaza), as per plans on file, with a + 9.0' maximum light plane penetration at + 50.01' height above grade along the SPI- 2/RS-2 district boundary line and providing 4 of 8 required off-street loading spaces; Lots 13 through 20 are zoned SPI-2 Coconut Grove Central Commercial District and Lots 9 through 12 are zoned RS-2/2 One -Family Detached Residential. This Variance petition is in conjunction with a Special Exception application for a parking structure. Planning Department Recommends: Denial Zoning Board Granted, 5-3, with a time limitation of twelve (12) months in which a building permit must be obtained. PROPONENTS present at meeting : Seventeen OPPONENTSpresent at meeting : Thirty-six WTI replies in FAVOR : Two Replies AGAINST Twenty-six Dates) Merred J an 23, 1986 This is a companion item to item 15. CITY COMMISSION AGENDA MEETING DATE: February 27, 1986 PAGE NO: 12 THIS ITEM AFTER 15. RESOLUTION - APPEAL BY OBJECTORS APPELLANT(S) John Green, 3158 Florida Ave; Grady Lee Dinkins, 3201 Florida Ave; Michael Marmesh, 3200 Grand Ave; Carl R. Boehm, 3150 Florida Ave; Collette Raker, 3104 Florida Ave; Goldie Clarit, 3197 Florida Ave; Lawrence E. Sokol, 3124 Florida Ave; Betty Ross Kramer, 3114 Florida Ave; Elishama Withers, 3200 Frow Ave & 3340 McDonald St; LaTanya Denard, 3221 Frow Ave APPLICANTS)/OWNER(S): Michael D. Kinerk 3174 Florida Ave Lots 9 and 10 Dennis W. Wilhelm 3174 Florida Ave Lots 9 and 10 Commodore Plaza Square, Inc PO Box 110110 Lots 11 and 12 CONTRACT TO PURCHASE ON LOTS 9 AND 10 Commodore Plaza Square, Inc PO Box 110110 ATTORNEY Ronald L. Fine 50 Biscayne Blvd, Ste 300 PROPERTY ADDRESS(ES) 3174-90-92 & Approx 3198 Florida Ave PETITION : Review of the Special Exception granted by the Zoning Board permitting a proposed parking structure in conjunction with a proposed commercial/ residential structure (Post Office Plaza), as per plans on file; zoned RS-2/2 One - Family Detached Residential. This Special Exception petition is in conjunction with a Variance application for light plane penetration and off-street loading spaces. (continued on next page) APPEAL GRANTED R- 86-163 MOVED: DAWKINS SECOND: KENNEDY NOES: CAROLLO PLUMMER u CITY COMMISSION AGENDA l MEETING DATE: February 27, 1986 PAGE NO: 13 Planning Department Recommends: Denial Zoning Board Granted, 5-3, with a time limitation of twelve (12) months in which a building permit must be obtained. PROPONENTS present at meeting : Seventeen WOKE NNTS present at meeting : Thirty-six 57rep ies in FAVOR : Two Replies AGAINST Twenty-six Date( s) a erred J an 23, 1986 This is a companion item to item 14. 0