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HomeMy WebLinkAboutM-95-0437J- 440 5/1 95 ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 11000, BY AMENDING: ARTICLE G. SD PECIAL DISTRICTS GENERAL PROVISIONS, SECTION 6 7, "SD-7 CENTRAL BRICKELL RAPID TRANSIT CO ERCIAL-RESIDENTIAL DISTRICT," TO ADD "HEL STOPS" AS A CONDITIONAL ACCESSORY USE BY SPECI L EXCEPTION WITH CITY COMMISSION APPROV ONLY; AND SECTION 933, "CRITERIA FOR SPECIAL XCEPTION APPROVAL OF HELISTOPS," TO INCLUDE ID SPECIAL DISTRICT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Manning Advisory Board, at its meeting of April 26, 1995, Item No'` 4, following an advertised hearing adopted Resolution No. PAB 1* -�\ by a vote of six to two (6-2), RECOMMENDING APPROVAL of amending,, Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission afteV careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and it%inhabitants to amend Ordinance No. 11000 as hereinafter set forth; \1 NOW, THEREFORE, BE IT ORDAINED BY THE COMMI ION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings co\byeference n the Preamble to this Ordinance are hereby adopted thereto and incorporated herein as if fully set this Section. ITO Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:1� "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 607. SD-7 Central Brickell Rapid Transit Commercial - Residential District. Sec. 607.5. Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, approved in the same special permit proceedings, and initiated or completed within any time limits established generally or in relation to the special permit, shall be permitted subject to limitations established by these or generally applicable regulations. Other accessory uses and structures shall require a Class II Special Permit. The following special limitations or exceptions shall apply to accessory uses and structures in this district: 1. No aboveground offstreet parking or loading area shall be permitted between any front portion of a building and the front line of a lot adjoining street; provided, however, that offstreet parking for bicycles may be permitted in such areas, subject to limitations and requirements as to location, design and number established in connection with special permits. 2. There shall be no vehicular access to parking or loading areas directly from any primary pedestrian pathway where access is reasonably feasible from another sheet. 3 Helistops shall be permitted by Special Exception Permit with City Commission approval only and subject to the criteria and limitations of Section 933. ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS li Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 95- 43'7 2 Sec. 933. Criteria for Special Exception approval of helistops. 933.1. Helistops, where permitted. Helistops, as defined by the Federal Aviation Administration and herein, shall be permitted as conditional accessory uses in the office. Governmental/Institutional, Commercial, Central Business District, SD-7 Central Brickell Rapid Transit Commercial -Residential District and Industrial districts only by Special Exception with city commission approval. Helistops shall be permitted as a conditional principal use in the Parks and Recreation District only by Special Exception with city commission approval. In addition, all helistops shall be subject to the following requirements and limitations: * if Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day of 1995. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: MATTY HIRAI CITY CLERK , 1995. 3 STEPHEN P. CLARK, MAYOR 95- 43'7 PREPARED AND APPROVED BY: A. WNN ES, III CIT ATT?FEY MS:W015.DOC Y AND CORRECTNESS: 4 95- 43'7 PLANNING FACT SHEET APPLICANT City of Miami Planning, Building and Zoning Department APPLICATION DATE N/A. REQUEST/LOCATION Amendment to Articles 6 and 9 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A. PZ=14 PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 6, Section 607. SD-7 Central Brickeil Rapid Transit Commercial Residential District, by adding helistops as a conditional accessory use only by Special Exception with City Commission approval, subject to the requirements of Section 933; further amending Section 933 to include this special district. PLANNING Approval RECOMMENDATION BACKGROUND AND During the period from 1980-90, helicopters used the roof of the US Customs House ANALYSIS at 99 SE 5th Street. As a federal agency, no City of Miami approval was required. On Feb. 9, 1995, the new owners appeared before the City Commission to request that the helistop be reinstated, per Motion 95-92, the Commission directed preparation of the legislation which would allow helistops on the subject property (located in the SD-7 District). Helistops provide a business convenience in dense urban areas; helistops are currently permitted as conditional accessory uses by Special Exception with Commission approval in the following districts: Office, Government/Institutional, Commercial, Central Business District and Industrial. This legislation would add the SD-7 District to the above list. Introduction of this use, even as an accessory use, may be problematic to adjacent buildings and is recommended here only on the understanding that the former US Customs House is the prime beneficiary of thEtail. legislation. Even so, special exception approval will be required by the Zoningard and City Commission, which will allow the applicant to explain his project in Note that Sec. 933 also has a series of restrictions. PLANNING ADVISORY BOARD CITY COMMISSION N/A. APPLICATION NUMBER 94-179 05/15/95 Approval. VOTE: 6-2. April 26, 1995 9 5_ 4 3 7 RESOLUTION PAB - 18-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 607. SD-7 CENTRAL BRICKELL RAPID TRANSIT COMMERCIAL RESIDENTIAL DISTRICT, BY ADDIDNG HELISTOPS AS A CONDITIONAL ACCESSORY USE BY SPECIAL EXCEPTION ONLY WITH CITY COMMISSION APPROVAL, SUBJECT TO THE REQUIREMENTS OF SECTION 933; FURTHER AMENDING SECTION 933 T^ INCLUDE THIS SPECIAL DISTRICT. HEARING DATE: April 26, 1995 VOTE: 6-2. - ATTEST: "IDRODRIGUE--Z", IR °-. NNING, BUILDING AND ZONING 95- Q 3 rI 3 UM (ILTA-tv Vf �ffi am"', OP SERGIO RODRIGUEZ, AICP Director 1h Be o �O March 8, 1995 Richard L. Duley District Aviation Specialist Florida Department of Transportation 602 South Miami Avenue Miami, Florida 33131 Bill Carreras Development Division Metro Dade County Aviation Department Miami International Airport P.O.-Box 592075 Miami, Florida 33159 Gentlemen: RE: Helistop/Height in Brickell CESAR H. ODIO City Manager Your advice is requested on certain projects which are being proposed by private interests along the south* bank of the Miami River in the Brickell Area of Downtown: These proposed projects are: 1. Helistop at the former U.S. Customs House, 65-99 SE 5th Street While U.S. Customs occupied all the building during the period of 1980-1990 (approximately), they operated helicopters from the roof of the building. Being the U.S. Government, no permission was required from .the City of Miami. Since U.S. Customs vacated substantial portions of the building, the helicopter facility has not been used. The new owners of the building have requested helicopter use. In response, by letter of November 28, 1994, (attached) this Department stated that the SD-7 Brickell Special District ordinance must be amended to include this use. A representative of the owners appeared before the Miami City Commission on February 9, 1995; the Commission directed this Department to prepare legislation, which this Department is now preparing. 2. Brickell on the River 27-31 SE 5th Street, This project, as now proposed, includes two towers 650' and above grade. The question here is whether these towers infringe on the height limits specified in the County Code Miami .International Airport. -1- 9 - 43`7- 1-5 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street, Miami, Florida 33128 510' will for 3. Brickell Point 401 Brickell Avenue As now proposed, this project also includes two towers. The elevation of the roof of the east tower is 408'-4" above elevation 0 where elevation 0 is equal to+12'-0"NGVD. The height of the topmost architectural features on the west tower are approximately 435.' above elevation 0. Please advise this Department at your earliest convenience. Thank you for your consideration. Sincerely, %0,r✓� rgi Rodriguez, AICP Attachments cc: Adrienne Friesner Pardo, Esquire Greenberg Traurig 1221 Brickell Avenue -Miami, Florida 33131 A. Vicky Lieva Eckert Seamans Cherin & Mellott 701 Brickell Avenue, Suite 1850 Miami, Florida 33131 Howard Shapiro, Senior Vice President Pacific International 11098 Biscayne Boulevard, $402 Miami, Florida 33161 Wolfberg Alvarez & Partners 5960 S.W. 57 Avenue Miami, Florida 33143 Bermello and Associates 2601 S. Bayshore Drive, Suite 1000 Miami, F1. 33133 Frank Jay Hessel F & R Group Rivergate Plaza Suite 1001 444 Brickell Avenue Miami, Florida 33131 Ronald Y. Schram Rivergate Plaza Ltd. 1803 Austration Avenue South West Palm Beach, FL 33809 -2- 9 5 --' A 3'7 k, Megan Kelley, President Brickell Area Association 600 Brickell Avenue Miami, Florida 33131 Sergio Rodriguez Assistant City Manager Lourdes.`$layzk "hlannzng,Building and Zoning Department Arleen Weintraub NET Administrator Downtown Service Center Juan C. Gonzalez Acting Zoning Administrator SRf jw j -3- 95- A37 17 C r aaf OP s� 3 SERG10 RODRIGUEZ, AICP CESAR H. ODIO r- Director City Manager Ns November 28, 1994 Mr. Frank Jay Hessel F & R Group Rivergate Plaza, Suite 1001 444 Brickell Avenue Miami, FL 33131 Re: Proposed Helistop: Rivergate Plaza West, 99 SE 5th Street Dear Mr..Hessel: In response to your request dated November 9, 1994, (attached), to reinstate a helistop use at the former U.S. Customs Building (referenced above) please be advised of the following factors: 1. Any permissions or permits allowing this use (which may have been obtained by the U.S. Government) expired in the late 1980's; none have been renewed. This use is not grandfathered. 2. This use is not permitted in the SD-7 zoning district. Therefore, in this instance, you will have to seek an amendment to the Zoning Ordinance to permit this use within the SD-7 District. Typical y, in the Zoning Ordinance this use is permissible by Special Exception with City Commission approval. Section 933 of the Zoning Ordinance is attached for your review. If you wish to pursue the introduction of an amendment, you should: 1. Request a personal appearance before the Miami City Commission to request them to direct the Administration to initiate legislation to be forwarded to the Planning Advisory Board and City Commis.sion. (Subsequently, if the legislation became an ordinance you would have to be the applicant for the Special Exception.) You may request this personal appearance by directing a letter to the City Manager and sending it to Elvi Gallastegui, Agenda Coordinator, City Hall, 3500 Pan American Drive, Miami, FL 33131. 2. Contact the Brickell Area Association to explain your request. 3. Contact Richard L. Duley, Aviation Specialist, Florida Department of Transportation, 602 S. Miami Avenue, Miami, FL, 33130, and have him review your proposal and inspect your facility for: flight path and direction of approach, frequency of operations, type of helicopter, landing and navigation safety aids, and other requirements. 95-- 437 Planning and Zoning Division / (3051 579-6086 / FAX (305) 356-1452 PLANNING, BUILDING AND 7.0NING DEPARTMENT/275 N.W. 2nd Street, Miami ^A,;I;-,, - Pr) A— 11n7nR / Miami. f lnrid;i 33233-0708 Florida 33128 �r AM While I have no particular problem with your request, I am sure that you understand that to introduce a new use, where the use is not allowed today requires careful consideration, strict attention to procedures, and the widest possible public participation. Sincerely, AP e o Rodriguez, AICP Attachment CC: Megan Kelly, President Brickell Area Association .600 Brickell Avenue Miami, FL 33130 Richard L. Duley District Aviation Specialist FOOT District VI .602 S. Miami Avenue Miami, FL 33130 Arleen Weintraub i NET Administrator Downtown Service Center Juan C. Gonzalez Acting Zoning Administrator Lourdes Slazyk Planning, Building & Zoning to 35_ 437 ZONING § 933 or area for parking, one (1) space after such position or area. The inbound area shall not conflict with the outbound reservoir area. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91) Sec. 932. Christmas tree sales; holiday sales. Christmas tree sales shall be permitted by Class I Special Permit on a vacant lot or portion of a lot not reserved for other purposes (i.e,, parki . Such use may be permitted in commer- cial and industrial districts and conditional lass I Special Permit, with notice to adjacent and immediate (across the street) pro owners, in residential districts if conducted by a civic, fraternal or religious or - tion as a fundraiser for a period of operation not to exceed five (5) weeks prior to C ' areas. Sales of othe oda pertaining to a national legal holiday (i.e., sparklers for the Fourth of July) shall conditional by Class I Special Permit, with notice to adjacent and immediate (acro a street) property owners, as for Christmas tree sales, except that it -shall only be rm'tted for a period not to exceed two (2) weeks prior to the holiday. Sec. 933. Criteria for Special Exception approval of helistops. 933.1. Helistops, where permitted. Helistops, as defined by the Federal Aviation Administration and herein, shall be per- mitted as conditional accessory uses in the Office, Governmental/Institutional, Commercial, Central Business District and Industrial districts only by Special Exception with city com- mission approval. Helistops shall be permitted as a conditional principal use in the Parks and Recreation District only by Special Exception with city commission approval. In addition, all helistops shall be subject to the following requirements and limitations: 933.2. Nature of use; standards. All helistops shall be constructed according to all applicable FAA standards as set forth in its Advisory Circular 150/5390-2 and NFPA "Standard on Rooftop Heliport Construction and Protection" (NFPA 418-1979). Helistops shall only be used for the landing and takeoff of helicopters engaged in dropping off or picking up passengers or cargo. Such use shall involve no fueling, repair or long-term parking and/or storage of helicopters. Unless used for emer- gency operations (i.e., police, fire, hospital emergency, etc.), helistops located upon parcels adjoining a residential district shall permit landings and takeoffs only between the hours of 9:00 a.m. and 5:00 p.m. on Monday through Friday. Helistops shall be located in close prox- imity to the origination or destination of the potential users. Priority shall be given to sites adjacent to rivers, lakes, floodplains, railroads, freeways, or highways, which lend themselves to multifunction or compatible land use, and have the potential of offering relatively unob- structed airspace which can be protected from object penetrations of the approach and depar- ture routes. Ground level sites shall be located away from buildings, trees, or significant terrain features to avoid possible air turbulence sometimes caused by those features. Rooftop sites shall be given priority over ground level sites in congested areas. 381 35- 437 1. P Am METROPOLITAN DADE COUNTY, FLORIDA METRO DADS rITY OF MAI•111 PL�,I��I{I;rG,. fiI1,11-D IG & 7.G1f1itiG DEPT,. 95 APR 17 All 10: 12. AVIATION DEPARTMENT P.O. BOX 592075 MIAM1, FLORIDA 33159-2075 (305) E 76-7000 April 13, 1995���► li r Mr. Joseph W. McManus r d4e p, MateA, i1)0�f Deputy Director &,m p. Planning, Building & Zoning Department City of Miami 275 NW 2nd Street 00631 Miami, FL 33128 Dear Mr. McManus: This responds to Mr. Sergio Rodrigue;es letter of March 8, 1995 requesting our advice on the following proposals within the City of Miami. 1. Helistop at the Former U.S. Customs House, 65-99 SE 5th Street. The Dade County defers any comments on this matter to the State of Florida Department of Transportation (FDOT) and the Federal. Aviation Administration (FAA) since those agencies are responsible for licensing and conducting the aeronautical study, respectively. We understand that the proponent has been in contact with Mr. Duley, FDOT, regarding the procedures for initiating the licensing and airspace process. 2. Brickell on the River 27-31 SE 5th Street. The height of the proposed 650 feet and 510 feet AGL Towers conform to the height restrictions of Article X XVII, Sections 330 through 345 of the Metropolitan Dade County Code, which governs and restricts the height of structures in the vicinity of Miami International Airport. We are aware that the proponent has filed FAA Form 7460-1, "Notice of Proposed Construction" to the FAA for an aeronautical study and determination, including the extent of obstruction lighting. It is suggested that the City of Miami await the results of FAA's study before processing a Permit application. 3. Brickell Point 401 Brickell Avenue. The proposed 408'-4" (approximately 420 ft Mean Sea Level) and 435' (approximately 447 ft. MSL) towers also conform to the height restrictions of the cited Metropolitan Dade County Code. Since the structures will exceed 200 ft. in height, the proponent is required to file FAA Form 7460-1. Copies of the form are enclosed for use by the proponent, if filing to the FAA has not yet occurred. Again, it is suggested that processing of a Permit application await the results of the FAA study. 95- 4-37 40? MIAMI INTERN ATinm.&I._ &1nPnR1r 116 Mr. Joseph W. McManus April 13, 1995 Page 2 Thank you for giving us the opportunity to comment on the proposed structures by giving us advance information on these projects. Sincerely, ooe William Carreras, P.E. Airport Engineer c: M. Rodriguez B. Drum R. Busch D. Bjorneboe A. Castro, FAA ASO-532 B. Vernace, FAA Orlando R. Duley, FDOT, District 6 A. Roberts, FDOT, Tallahassee 95- 437 ' '' %.:risZ:f-]''•. r,�� r r� .i�'���'�:;r:<:t'''i?%=:'��/�i✓"��r.%:-5.% ��`r:�,�'L%i,�?,J%.Gyr r.--' �. `:.. -•-. ._;: ._,';.. SERGIO RODRIGUE2 RCM rax:9-250-5409 Jan 3 '55 12:30 p,p 1 .Rzvergate Plaza, Ltd. Frank ,Tay Hessel Pdvergate ,Plaza Suite 1001 444 Brlckell Avenue Af=4 Mrlda 33131 Telephone: (305) 377 3343 Fax.° (305) 377-3501 Deceluiaer22, ' 1994 City Manager, City of Miami C/o Elvi callastegui, Agenda coordinator City Hall 3500 Pan American Drive Miaini, FL 33131 180 " - West J .. RE:: Proposed Helistop: Rivergate Plaza West, 99 SE Sth Street Dear Ms. Callastegui: At the direction of Sergio Rodriquez, the Director of the City of Miami Planning and Zoning Division, we respectfully request a personal appearance before the Miami City Commission for the purpose- of -requesting that they direct the. Administration to initiate legislation to be forwarded to the Planning Advisory Board and City Commission. This request is to reinstate a heli.stop use at the former U.S. customs Building as noted above. A copy of Mr. Rodriguez's better is enclosed herewith for your information. Inthe event you have any questions relative to this reguest, please do not hesitate to contact me. ve _ yours.. RO RYS/kh Enclosure 95- 437 15. 4.® A P rR - y B- -)I P . p 2 Upon being seconded by Commissio the motion was passed and adapted by the following vote: AYES: Commissioner Wifredo Gort Commissioner Victor Do Yurre Commissioner Miller J. Dawkins Vice.Mayor J.L. Plummer, Jr. Mayor Stephen P. Clark NAYS: None, ABSENT: None. 400 ......................... -..................................... -.................... ---------------------------- 24. PERSONAL APPEARANCE, RONALD SCHRAM FROM RIVERGATE PLAZA, LTD. TO REQUEST REINSTATEMENT OF 14ELTSTOP USE AT FORMER U.S. CUSTOMS BUILDING} (RIVERGATE PLAZA WEST, 99 S.E. $ STREET'). ----- _-.............................................. -.............. -........ — ----- - ------ Mayor Clark: Items number 22. Commissioner De Yurre: We did a lot more with $12,000. Vice Mayor Plummer: What? Mayor Clark: Item 22, Mr. Ronald Schram: Mr. Mayor and members of the Commission, my name is Ronald Schram, 444 Brickell Avenue, Miami, Florida. Vice Mayor Plummer: Is this only for the use of the Customs? No other helicopter can land there? Mr. Schram: It's not for Customs, but to utilize the helipad that is on top of what is known as the Customs Building. Vice Mayor Plummer: On the river. Mr. Schram: Yes, sir. Vice Mayor Plummer: But it's not for Customs? This is not for governmental use? Mr. Schram: It would be,,. We, currently, in that building, are Customs, Immigration and Natural... INS, as well as other governmental agencies, as well as private enterprise, Vice Mayor Plummer: Would it be for their use only? Mr. Schram: No, sir. 437 your e n make but I Vice Mayer Plummer: Then I will not vote fc}r it. Go ahead. You can m y r pitch, won't vote for it. �.... ,.., a 1 oo< nf'-R- 1 9-95 TUE 1 1 :5E. Mr. Schram: Yes, sir. On top of the building that sits behind 444 Brickell Avenue is a four- story building that is locally known as the Customs Building, Customs only currently occupies about ten percent of that building., There is, on top of that building, a helipad that had been used for many years by Customs. We would like to apply to the City of Miami to create an ordinance that would allow -the use of.that helipad for this building, both for government and ether non- governmental purpdses, We had contacted the Department of Transportation. They have favorably recommended it. We've contacted the Federal... FAA (Federal Aviation Administration), amin stration), and they have positively recommended it. The Brickell Avenue Association has positively recommended it. And we feel that there is no other rooftop helipad in the downtown Miami area, and this would be beneficial to the Brickell Avenue and downtown areas. Vice Mayor Plummer: Did you check with the Hyatt Hotel, who would be affected by the noise every time that thing lands and takes off? Mr. Schram: Sir, we were told that the proper procedure to follow at this point was to request a hearing before this Commission, not to ask permission to do it, but to create a.., Vice Mayor Plummer: No, it's not. Mr. Schram: ,,, where you could allow this, the zoning category, with a special exception. Once this Commission creates that enabling legislation, we will then apply for a special exception, and I'm certain that all of the adjacent, nearby property owners would be notified, and there would be a public hearing at the time of the special exception. Mayor Clark: Why is this being that.., they can't go to the heliport over at Watson Island or something? Vice Mayor Plummer: And there's also one, Mr. Mayor, if I'm not mistaken, on top of the bank building. Mr. Schram: The one on top.,. Commissioner De Yurre: Well, they can't use that one anymore, because they got some antennas now that they're renting out. Mr, Schram: The top of the former CenTrust or International Place Building, NationsBank Building.,, Mayor Clark: Is tbis a business use? Vice Mayor Plummer; Of course. Mayor Clark: I want to hear from the man, now. I'm not talking about burying people. Mr. Schram: Yes. My partner, Frank Hessel and I purchased Rivergatc Plaza about six months ago. We've been renovating the building. It's our intention to try to restore a building that had been only a third occupied. And one of the services that we thought that we could offer tenants in the building, as well as other people in the area, both buelness and governmental, is the use of an existing helipad that sits on top of the building. It was used for many years. The various governmental agencies outside the City of Miami believe that this would be a 'eeneficial use, and would help the area. 9 APR - - 1 8-95 TUE i 1 C ST F>- 4 Mr. Cesar Odio (City Manager): The only problem, if I may, and we need to encourage this, I think it's a good idea to have helipads, but we have to just see how it would fit with the 250- story towers that are going up 500 feet from it. Commissioner De Yurre: Well, you know where the 444 Building Is, It doesn't even get to the other area. Mr. Odio: Right. So If there's no problem with those buildings, I think we should.,. Commissioner De Yurre: That's not a problem. I would encourage.,. I think it's a good idea, you know. In a City like Miami, that is limited to just the helipad on Watson Island, which, right now, it's in limbo, as far as our rights and trying to get it back, I think that, you know, we should go ahead with this one. Mayor Clark: All right. Mr. Gort. Commissioner Gort:. My understanding, in reading the information that I have here, before anything can be approved, it would have to come back in front of us, with a recommendation from the different departments, Federal, State, and so on. Mr. Schram: Yes, sir, Commissioner Gort: I don't have any problem, J,L., in having a study done on this. Maybe you... it could be useful, Vice Mayor Plummer: Well, excuse toe. Just for the record, what I read before rite says to reinstate the use. It doesn't anything about a study. It doesn't say anything about going back to the Board. It said to reinstate the use. Mr. Odio: A request,.. of request reinstatement, and we have to start the process — Vice Mayor Plummer: A request to reinstate, they're requesting of us. Commissioner De Yurre: The process. Mr. Odio: The process has to start here. Mayor Clark: All right, OK. Let's don't hammer it to death. Commissioner Gort: Excuse me, excuse me, Mr. Mayor. I think it's very important. I'm reading, then... If I'm wrong, please, somebody, tell me. I'm reading my Information package where the letter has been written by Sergio Rodriguez, who is the director of our Planning Department. We're stating that they have to get permission for allowing this from the U.S. Government, which expired in 19RO. This use is not permitted within the district, Vice Mayor Plummer: Willy, I'm reading from the agenda. Commissioner Gort: OK. But I'm reading the information package. That's why I'd like to hear from staff, Mayor Clark: Have you got a motion? Mr. Odin: We're requesting permission to begin the process. 9 5 - 437 •, „$per?_- 1 8- S ,Z5 Ir O F 3 1 ti • A P _ 0 S Mayor Clark: All right. Commissioner Do Yurre: So moved. Mayor Clark: is there a second? Commissioner Dort: Second. Mayor Clark: Any exception? Call the roll. Vice Mayor Plummer: Well, Mr. Mayor, did you want to Insert something there? Mayor Clark: No. 'like Mayor Plummer: The free use of the City? Commissioner Gort: it's got to come hack to us. Mayor Clark: Will the City have availability to use that? The City of Miami? 'Vice Mayor Plummer: That he... Mr. 4dio: Well, i guess if our police helicopters would need landing there at any time or any other official business,,, Mr. Schram: We don't have any problem with that. Mayor Clark: And use of the helicopter, too, if we need it. Mr. Schram: As long as there is proper insurance or whatever, you know, is required, Vice Mayor Plummer: Get it in the record. Mr. Odio: Thank you. Mayor Clark: All right. Call the roll. �0 95- 437 APR - l e-t35 -r UE i The following motion was Introduced by Commissioner De Yurre, who moved Its adoption; MOTION NO.95-92 A. MOTION j Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: i AYES: Commissioner Wlfredo Gort Commissioner Victor De Yurre Mayor Stephen P. Clark NAYS: Cammissloncr Miller J. Dawkins Vice Mayor J.L. Plummer, Jr. ABSENT: None. Ms. Matty Hirai (City Clerk): The issue passes. .....r��_---..-................................---......................-.--------------..-----------................... BRIEF DISCUSSION CONCERNING THE OVERTOWN ADVISORY IUD. Mayor Clark: Item 23 has be thdrawn. Mr. Odio: They have been withdrawn, 23-A, both, have been withdrawn. Mr. Robert McKinney: In reference to item 23... Mr. Odio: Excuse me, excuse me. Mayor Clark! Please. s 5— 437 Mr. Odio: Are you Donald Benjamin? I met with Mr. Benjamin this morni d we agreed that this item was withdrawn. 119 February 9, 1995