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CC 1989-05-25 Minutes
IN- HI * INconp K MY, 12 NMI" ZoNlor., ,.PLANNI ii t"4WRIM"-,'TH --,,CIT- tl'-'-o u m IN U T E S 314 �`�-= - TYc. XX ....... . . .... tTzM NO. V ervy counjostos or iiiii, FLORIDA HAT 23, 1989 LIGIRLATION PRESENTATION$, PROCLAMATIONS AND PRESENTED SPECIAL ITEMS. 5125/89 2. (A) APPROVE AGREEMENT EVIDENCING R 89-469 LOANING OF FUNDS FROM FIRST MUNICIPAL DISCUSSION LOAN COUNCILS poolaD LOAN PROGRAM TO 5/25/89 THE -CITY; (a) - CONGRATULATE ADMINISTRATION ON CITY'S BOND RATING OF A-1. 3. scHzDuta BOATYARD HEARING AT 2640 SOUTH DISCUSSION BAYSHORg (CURRENTLY MERRILL-STEVENS 5/25/89 SITE),FOR JUNE 22, 1989. 4. (A) ORDER STUDY OF PARKING SPACES M 89-470 REQUIRED- PER. RESIDENTIAL UNIT (PLUS M 89-471 VISITORS)- IN MULTIPLE FAMILY 5/25/89 STRUCTURES; (B) DEFER CONSIDERATION OF PROPOSED ORDINANCE -TO CHANGE ZONING AT 1918 BRICKELL AVENUE. S. CONTINUE CONSIDERATION OF DISCUSSION AMENDMENT OF DEVELOPMENT ORDER 5/25/89 AND MAJOR USE -SPECIAL PERMIT FOR THE 11.11 BRICKELL,AVENUE.PROJECT, A-DEVELOPHENT'OF REGIONAL IMPACT. 6. DISCUSS AND REFER BACK TO M 89-472 ADMINISTRATION PROPOSED FIRST READING 5/25/89% ORDINANCE ... CODE . ; CHAPTER ., 4 (ALCOHOLIC BEVERAGES) :.- by.. defining. -,a ",Retail,Specialty.Center",- by providing exception - for,, Sunday,- sales- - and establishing hours of operation for retail specialty centers,; by providing exception. from distance separation requirements, etc. 7. APPROVE., CLOSURE OF EAST -WEST - ALLEY R 89!-473 LOCATED WITHIN BLOCK -BOUNDED-BY N.E. 5/25/89 78TH AND 79TH STREETS AND N.E. 3RD COURT AND THE; FEC.RIGHT-OF-WAY.AND THAT PORTION OF N.E. 78TH STREET LYING WEST OF., THE r1c, .11off-W-rWAY. a., DISCUSS:AND ,,7XMPORARI1*T-1 TAB `APPEAL BY' -DISCUSSION MCDOI to� -�'th *LD!S CORPORATION -reviow'. .0 -of ZZ ih, 0) iOod se'bO A U if ;ot �Vyt PAGE NO. 2-3 3-5 5-32 �1 9b GR ANT RRQuart NOT TO PAY MONTE$ TO THE It40-414 S4-0 CITY FOR JAILURR TO FILE APPLICATION SM/89 FOR TAX-EXEMPT STATUS BY CODSC HOUSING PROJECT (PaRtNSULA HOUSING r DEVELOPMENT) - Reimburse organization for monies previously paid on account of their failure to +comply with cutrent requirements. 10. (Continued Discussion)= APPEAL DENIED R 69-475 57-63 uphold Planning Director's decision to 5/25/89 approve Class C Special Permit at 3501 Biscayne Boulevard to allow offsite parking for the McDonald's restaurant, r partially granting No. M. Johansen'• (aggrieved party) request for modifications which will allow the erection of a 6' masonry wall (Applicant: McDonald's Corporation) (See label 8). ll. FIRST READING ORDINANCE: Amend zoning ORDINANCE 63-64 atlas by applying Section 1610 HC-1 at FIRST READING 3744 Stewart Avenue (Marjory Stoneman 5/25/89 Douglas House) (Applicant: Planning Department): 12. REPORT ON ADULT CONGREGATE LIVING DISCUSSION 64-71 _ FACILITIES (ACLF's) THROUGHOUT THE 5/25/89 CITY. 13. REPORT ON ZONING AND TRAFFIC DISCUSSION 72-78 ALTERNATIVES AT CORAL WAY (S.W. 22ND 5/25/89 STREET) BETWEEN S.W. 32ND AND 37TH AVENUES. 14. DIRECT. ADMINISTRATION TO STUDY AREA M 89-476 78-81 FROM 12TH AVENUE TO 22ND AVENUE AND 5/25/89 - -� FROM 36TH STREET TO THE EXPRESSWAY, AS = TO LAND USE -AND ZONING. ; 15. INSTRUCT -ADMINISTRATION TO TAKE M 89-477 61-83 WHATEVER STEPS ARE NECESSARY AND 5/25/89 PREPARE WHATEVER LEGISLATION IS NEEDED 'V IN ORDER TO DECLARE DOUGLAS, FRANKLIN? AND CHARLES STREETS IN COCONUT GROVE AS 3ti AN HISTORIC DISTRICT - in commemoration of the.first Blacks who settled'in this community. _ 16. CONTINUE' FOR FURTHER CONSIDERATION M 89-478 83-97 PROPOSED FIRST READING ORDINANCE - 5/25/89 amending zoning atlas at 2900-2922 N.W. 17th Street from RS-2/2 to RG-1/3 (Applicant: Maysland Group, Inc.) 1T,. (A) . INSTRUCT := MANAGER ; TO =: SCHEDULE M 89-479 97-100 PERSONAL. APPEARANCE BY REV. VICTOR M 89-480. .. _ CURRY AT DUNE 7, - 1989 MEHTING" .'- ° itt .5/25/89 . ;•, .., .. connection°'with "Concerned' Citizens of = Greater Miami: 611 Black Issues"; `(B') INSTRUCT' ADMINISTRA. ION' '0 `ADDRESS- }; Q1114TIONSr , WSW SIN THE ,:"CQNC-IRNBD :. CIZ3ZLN$ .OF GREATER fIIAt�I" . AGENDA' 'FQR:. THE BLACK COMMUNITY Raqueist Mata$er ' o pr'eseet a ;written report: i '���4 y— �y�y.. ,ry4 .i rpm y'{,}{ tsj`+� 1v'.�y+(}" �. l r G Y 4 f 'C�'•( 4{'in'•.h'�. il _ Yw�fiE�iN`41Kk'�Sefrw�iJ"�.Y.±h71�iRY�.i?�u.,�.$.fE u"^�h'f1 �:.F ;X?'� .. _ •, .. r. _. .. .4 f� . ��'�?'Y� � u�4,'�;f'6.;+3'1f�L N Is, SECOND READING ORDINANCEt Amend 9500, ORDINANCE lt�i=10fi EPt= Eriokeii. = MIAMi River 16584 Residentislib€€ice District Provisions = change permissibie uses and site limitations, ground floor location and accessibility of establishments change tbntribution to Y �, Affordable Housing Trust 'Fund. - add <r 4 public amenity uses - provide new bonus r_ for child care, etc. (Applicant: "Y= Planning Department). "= 19. SECOND READING ORDINANCE: Amend 0560 ORDINANCE 107 — Section 2501, Class C Special Permits - 10590 allow applicant transmitted courtesy 5/25/89 certified mail notification of applications to adjacent property owners or condominium associations as an option - Section 3506: correct scrivener's errors (Applicant: Planning Department).44 -RIP. SECOND READING ORDINANCE: Amend Code ORDINANCE 108 -. Section 62-55 - clarify requirement of 10591 courtesy mail notifications for 5/25/89 Planning Advisory Board, Zoning Board >, and City Commission public hearings; — y p B , `•��� add. new section to provide for optional '4R notice of pending administrative action on Special Permits to adjacent 'property owners or condominium associations "j<``• (Applicants Planning Department). = 21. SECOND_READING ORDINANCE: Amend 9500, ORDINANCE 108-114. Schedule. of District Re ulations, CR-1 10592 B Principal Uses 'and Structures - 5/25/89 authorize financial institutions without drive -through. facilities amend CG=1, and CBD-1 'Districts - change ences from "drive-in" to "drive- i4a refer i :r.:,q through" „ (Applicants Planning Department). 22. FIRST, READING ORDINANCE:_ Amend .9500, RDINANCE O114-115,` €Kr 7 nxaj Schedule of District Regulations, .RO-3, FIRST READING Residential-Office'District, Principal .5/25/89 asssa Uses and Structures - permit RO-1 <' Residential Office Uses in RO-3 "} Districts - change "drive-in" to 1 "drive -through" (Applicant: Planning Department). kn 23. FIRST READING ORDINANCE: Amend '9500, ORDINANCE 115.116' provide that discontinuance of a FIRST READING Nonconforming Use in part 'of a building 5125189 after. 'a .time. certain. 'will necessitate Bonin• diatAc't ,coaformance .#or, .future usesAppil- - rov'id _ that p P%. cat ons will'- of be aces 'te mhich would .'Attempt; -to -. alter.• a prior, grant.;, of Speecial' $ ccption - �rovi�d¢ ` a� Sri ...spec if ,ic;:. t Imk 1 lmits,.`; "sox race ipt M�j o1' Use eo .al Pet it' re _etxa "` v i '' ,OFS-J1E{•••''�'.{fey i^�'.i..!! — aQmraap 's an „transmittal 9R �U ' } a��r a a = P iai,' 'Pe _� to k�_ ll p{ii .¢ct VIP 44, p t W4' ' y�s��: ':�Ith�; •�;�g,R.: Yaai' �sns��►�',.. �: t-,rwt:<;;��=;�'` � - e'i'A`Pcattt' 'lan fir► vs 'l}rY/ •Y { a' - +u t 1, _ X'Y •%S j CJ `37 Yam. •l t' S 1 - - 4. _ A• A q { 'a3 _ x�;� n vy t= i •' t = a� a �<i qq:..1`. Uj t.t lav �:x. ,`,h:1'`.-•1 . :-fv ,.. ,..,� 3x'M� ,.:.,,-.,-., ..- rt1. .. n a- , _ ,, .. .. , - ,.... ., .,-_., e .,�.�.,.rs:1.�tC zs'.� ',c -- $4. lfRSfi ADINC3 ORbtHANCSt A®end 9500, ORDINANCE 11b-116 Major Use Special Percaitsi Intent# FIRST AEADINO Determinations by City Commission= 5/2S/89 Referrals" an. provide that Planning Director shall receive and make recoiamendations on all applications for Major Use Special Permits and amendments thereto, etc. (Applicant: Planning Department). 25. FIRST READING ORDINANCEs Amend 9500 - ORDINANCE 110-119 provide that a concurring vote of five FIRST READING members of Zoning Board shall be 5125/89 required to reverse any decision of an administrative official or to decide in favor of an appellant (Applicant: Planning Department). _ 26. FIRST READING ORDINANCE: Amend 9500 - ORDINANCE 119-122 ~° ,r SPI-8 Design Plaza Commercial FIRST READING Residential,Distriet, Minimum Offstreet 5/25/89 Parking provide a conditional exception for, restaurants under 1800 _ square feet (Applicant: Planning Department). 27. (A). FIRST. READING ORDINANCE:. Amend ORDINANCE 122-144 {'>. 9500 - eliminate Transitional Uses in FIRST READING 4 Residential,, SPI-9 -and. SDI-14.2 M 89-481 :t Districts - amend Schedule. of District M 89-482 =4: _ Regulations'- to delete columns entitled 5/25/89 "Transitional Uses, Structures and Requirements". "f (B) Amend above -cited FIRST READING Ordinance,• by fixing the. effective date`'` —' for,- said Ordinance to be 60 days from — FIRST READING - with provisos. (C) Deny Agenda items PZ-22A (proposed FIRST. READING_ Ordinance to entirely . ".r. ,.. eliminate all rovisions for p Transitional- Uses,; Structures., w�3 �.'','ry•''Ty3'. Requirements' .and Limitations)and,.PZ 22C (proposed -FIRST READING: ,Ordinance. to, ' amend,. 9500 to , eliminate provision for Rear Transitional Uses in "- Residential, SPI-9 and. PI-14.2 �.. Districts) "'. 28. (A) REFER BACK TO PLANNING ADVISORY " M 89-483 144-=149.-' BOARD" PROPOSED FIRST: READING. ORDINANCE ORDINANCE - to .amend the Code: ,to FIRST READING require' applicants for Class C Special 5/15/89 Permits for Transitional.. Uses -,.to. provide notice, to property owners within 375 feet and to pay a %'Mr conditionally refundable appeal -related surcharge of $400, etc. Direct that all related ex mesa' be borne- b 1 e P Y x �r applicant.-. 8 FIRST... READING ORDINANCES Amend`' 95Q0' xe wire a lcenta. for Cl s C. q pp Spa ia1Perasits for Txaiigitlonal ;,s a i c(rAskr E by i,r2:, i":p'%'jL• l..t`�lt b�4i' = V C O O e r , a ro ide not e t rt owna. - - „yiY •; wlthi'rs 375' feet - to limit the`:x"�ti �s�r•'. eFectivs cet$.- of Claisis :Special` i 3`uk is.r i. 4, r¢rMts> to' one j►Odr s11b, es,'t• tp 3 »,r n�2f r � � 30 spa A F _ g.i' t4'v m i �I. •,tk f t Y� � :�# i n yy1r � 14 8 b. ^ , . r „ •ii,i. f• - '�-u.•-'- REF.... '4 1a7 ' 3 -t rr. ti= _ r<, s• `titer, 1 t. _- ��2Lsf:",i:, ...1:-f•: .�iiz :i+`iP:.cu.::Y +sir �3>'ry.3... !r.�',.... r,•.. `!:"-.. . .- . .. _,.. _.-. ... `t`�'•' _. ... _ ,',r`-.. .'!'•'<^;i'.`1 .. �.,...,� ..:inii� � _.x4�� ... 204 (A) FIRST READING ORDINANCE: Amend 0500 require ApPlitiffitt for 'Class C Special termite for Transitional 1960 to provide notice to property owners within 375 test to limit the effective date Of Class C Special Permits to one year subject to renewals extend time limit for appealing to 20 days (Applicant: Planning Department). (B) AUTHORIZE PERMANENT RESTRICTION OF VEHICULAR ACCESS - to S.W. 28th Street at easterly side of intersection with S.W. 26th Avenue and S.W. 27th Lane - with provisos. (C) RECONSIDER PREVIOUSLY PASSED MOTION 89-484 - denying erection of barricades in the northern tier of Coconut Grove. (D) DIRECTING PERMANENT CLOSURE OF ABACO, INAGUA, SWANSON, TRAPP AND LINCOLN AVENUES at northeasterly intersection with Aviation Avenue; and Inagua, Trapp and Lincoln Avenues at easterly intersection with S.W. 27th Avenue; and Andros Avenue at the west intersection with Washing was with provisos. (E) INSTRUCT ADMINISTRATION TO REVIEW ALTERNATIVE WAYS OF REDIRECTING TRAFFIC ALONG THE NORTHERN TIER IN THE COCONUT, GROVE AREA '- including possibilities for Stop signs or diverters at certain sites to ease the impact on the area caused by, arrangements made to the southern tier with certain stipulations. AUTHORIZE PAYMENT TO KUNDE, SPRECHER, -. R 89-488 187-1 .30. YASKIk & ASSOCIATES,INC. - for 5/25/89 professional 'services provid d e in 4 p'repaitatioin/piteientation of conceptual design plans for Orange, Bowl . Modernization Project Phase 11 31. CONTINUE AGENDA ITEM PZ-26 TO THE DISCUSSION 188-190 MEETING OF JUNE 22ND - to be taken as 5/25/89 the`first'item'ifter 6:00 p.m. ajh Zo 32. mim SETTLEMENT t DAMIAN GARCIA R 89-489 191-193p. ($160,000 subject to claimant later 5/25/89 seeking from the Florida Legislature. to. direct the City to pay an additional $250, 000). �Lu�xt 4 W i. Yj 7 - M,P JY , ok --- .:.�.w __���"� air, ; - - ? a",t•Ik',- }` MINMS OF REGULAR MSSTINO CF .;:. CITY CO'MMISStON.OF MIAMI, FLORIDA f` a:aaa:* fln'the 25Lh day of Maythe City Commission of Miami, Florida, Mt =• at its regular Meeting place in the City Nall, 3500 Pan American Drive, Miami, Florida in regular session. f The meeting was called to order at 1:38 a.m. by Mayor Xavier Suarez with, the following members of the Commission found to be present: Commissioner J. L. Plummer, Jr. — Vice Mayor Victor De Yurre Mayor Xavier L. Suarez x AS Commissioner Rosario Kennedy Commissioner Miller Dawkins ALSO PRESENT:, Cesar Odio, City Manager Jorge L. Fernandez, City Attorney Matty Hirai, City Clerk Walter -J. Foeman,-Assistant City.Clerk An ..invocation was delivered by Mayor Suarez.. Vice Mayor De- Yurre"then led,those present'in -a. pledge .of allegiance to the flag. 1. PRESENTATIONS,'PROCLAMATIONS AND,.SPECIAL ITEMS., ; i . Presentation:_ `, The .key to the :City. of:Miami was, awarded _local '.Worldf�.1 or; h 1 II. veteran, Mr. �Gene'Robins,,:.to replace;,the:,original:plywood.-key::amardi si him. ine. 1944 which had been destroyed.by termites.. :.>s Certificate -.,,of, Appreciation,-: awarded to representative of Ri'coh';,'", PP ` Corporation `for their- donation- of a 'telefax.machine which': will.,'be ?� directed to the:.Libertq City substation. : 'K°`R 3:'" Certificate �,of.,Appreciation to. the Miami Herald for its- contribution' to the Cityof the neon lighted word "Miami" which was reviousl used:.''as;':_:;:>„,¢;,}_ B P, y part ,of the Miami; News : signage atop;. the -Herald :Building,. .': t .:: . , ; = apt • 4. Commendations plaques presented to Capt. John.Wood and Officer Michael Ws Jimenez of the Miami Fire Department 'having been cited' 'as employees of the year. awki s ' ' enter el ^.he meeting-, eti ;. CO isaio ner.- D n e t r t emg NUTE : f'OR -THE . 'RE RD:. Comun 1( "L 7• ` a y r.... • _ i• NQTE FOR! TH$ RSCQRD:i;, ._def{�rred'¢}it�++�! _' "•c1t yfii 5 = tba� arrival of�Commiasiomor. KonAedy.. `� �� ,• �r,, s{f ���:��.....�� — +'?:+"., i:`'6 ..c: r.,; Z • P, •,_fir rr^'.Y .,K h'..i:. Cfi r�.a: t �;. _ i _-g• - .1.1'r .(S':. as. ..: ems., t., t. .F ._ �. l '.:i f'.aitir:^-c } .'�' ..'•' +:'+. �::rt-' � - - ..,y.r•.1' .•-<i.`... x>:. A.w�o °' rF -t �• F y — ys i,l+« j y :tµ .6 c d .n y� r• r t37t•, }y f4 t rt;4L J.' Ja+ . l..r ;Y C�- ,) " +1 .t a z.-r- t ` "{ a "ter?`. d (A) APPROVE AGREEMENT IVIDENCiNG LOANING OF FUNDS FROM FIRST MUNICIPAL LOAN COUt CI1.' S POOLED LOAN PROGRAM TO THE CITY j _ (B) CONGRATULATE ADMINISTRATION ON CITY'S BOND RATING OF A-l. Mayor.Suaress Item two. We passed up on. Mr. Manager, what is item 2 about? Vhat do we need to dol Item 2, does anybody... ; Mr. Carlos Garcias Item Zi Mr. Mayor, item 2 is formalizing the action of the ;* City Commission has taken previously that is of applying for a loan of ; $16,006,000 from the Florida League of Cities to finance the Orange 16*1 e ZY, renovations. Mayor. Suarez: There'll be further action required before we actually F appropriate any of these funds, right? Mr. Garcia: Yes. Appropriation will have to take place later on but this is the 'final action before we can borrow the monies. If there's no further discussion, I'll move the item. Mr. .Plummer: -r� Mayor Suarers So moved. Seconded. Let me take the opportunity, as we vote on this,.to congratulate you, I see the Manager's eagerly awaiting this but it really,is proper to congratulate the City staff, the Commission, .I think -we have,,. some .self .congratulation -to do here for maintaining our rating under, -- Moody's at A-1 and we have the letter, I've sent off a memo already for all of. -' you who,are presented_ the most favorable light on our credit and operations. Any discussion on this item? I hope no one gets the impression that , by, . approv.ing'.•this that we're necessarily going to.'spend at that level. The other question I have before voting on it is, mechanically, Carlos, does this.money actually come into a fund which then is held in escrow pending our further, action on it? ,.Or. does: it just reserve monies . in the pool?. Mr4..,.Garcia:. It:just reserves the monies with the' -trustee. Once'we are:=readq _ to spend the monies, then we'll have to go through a reimbursement.:process,as monies; are spent -.- Mayor Suarez: So it's not costing us interest?- Mr.. Garcia: No, it is not. Mayor Suarez: Call the roll. r' krF .-The, following resolution was introduced by Commissioner Plummer, who:,', moved its adoption: F"s RESOLUTION NO. 89-469 ,'r' A RESOLUTION, WITH ATTACHMENT,_APPROVING AND RATIFYING THE PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED.. (EXHIBIT• 'A' ), TO EVIDENCE 'THE LOANING OF. FUNDS FROM THE, FIRST MUNICIPAL LOAN COUNCIL' S POOLED PROGRAM TO THE CITY OF MIAMI LOAN.,.RID FURTHER:" DESIGNATING AND AUTHORIZING THE MAYOR` AND CITY'IANAGBR'._`::;:=: , THE,.CrIPATION . AGEET0:EXBCt.AND;DELIVER ;PARTAtdD y .•'. s �,,r� c r:ti .:, .i't�. 1 ALL RELATRp DOCUMENTS (Here follows. body of resolution,; omitted here �snd om ` g� � the. fic.:.Git Cle„rk.: Po ' -a o .ba lag,'s c� and Commis -- .tremsV sner De Yu re .R.�=. v r . p Q N n ed`:PO 1? - - - ;, i�. SF. ^3 . , 8 `b:t'> _'. ~ tii?�5.•'{ i W;°:� yry q, - Y- o rt — .P,{C.: ..i .'�. '9 i'0'. !i� ..,t`,.e,'.' .� •- -5vi. . �F t..• �' 3�{_ :.fi: 4 ^ — ',i' ': i•'t`. - 5:''• -ate. 3^. t — r ^ T, Tfi_y Ya` .tj y x. q � z •F t'+t .i Lrs - z .v - r:i C 1# u` • Commissioner J. L. Mummer, Jr, CofftLasionet Miller Dawkins Vitt Mayor Vict6r be Yurra Mayor Xavier Li Suarez mots$ Mont. AESStiTs_ Commissioner Rosario Kennedy SCHSDULE BOATYARD HEARING AT 2640 SOUTH BAYSHORE (CURRENTLY MSRR#l.L+- STRVENS SITS) FOR DUNE 22, 1989. Mayor Suarez: Do you want to make a... that's not for me to announce, I"don 't . believe, anything on Merrill -Stevens that you want to announce? It's not scheduled for today. Mr. Odio: I would like to 'ask the Commission, since I went through this. myself, -,Mr. Mayor, that maybe what we should do is schedule that. item since,: it's• ready,,we'll -be ready next week with a recommendation anyway,;.but; to, schedule the item on the morning -of the planning and Zoning meeting, to -..take.'. all morning, j.ust•for that one item because you're going to have to listen to.-. - the - at least three proposers. -' Mr, •Dawkins:` Why subject the public to that? Why not have a special meeting or something where you could spend three hours or four hours on? Mi.,Odio: No, no, well that's.what I,... Mr.: Plummer: No, we don't meet we're probably not. going": to meet in, morning as we did today. Mr. Dawkins: So you're telling me that you will not have any... j Mayor. -Suarez: There won't be any other items on there? Mr.. Odio :No, , that .s it just one, _ this one , item. For the whole morning`froin 9 'to 12-they',said. If not, you're going to - if I. scheduled: '. - ! •.: :: ,;, • ... _ . ire.:.. ��:t'-_',..-r Mr,- Dawkins: How many P& items do gou:have already identified for ythe. agenda .-. Mr. " Odi,o:. Commissioner,: •you ,.cannot take ,any-, PZ items in,- themornings :-::.You;: 7 can only take them - some of them, the majority until after:5:00.• Mr... Dawkins: Why? Why? Mrs. Odios, Because that's the state- law: Mr. Dawkins: You mean to tell no, house cleaning items that we sits up': here' a *d�t`:' = <_;-..;:; do all day long, you can't take them in the morning? Mr. Odio: 'Oh sure', you can do 'those... it Tin, Mr". Dawkins: ,'Thank •you. Mr.%a;. 4 , •Odib .,.but':what ,.1I m •als s+�Y�nB; 'd .s �a �;rit£:.-:e the next ;Qnaaission;meeting :or another,:=ons, - gqu'ra _ going :t-o:, hav*:odFspr'y 0-1 3. ,,houX$::pr. °4. ,hou rs ,on : his::Dioner,. Key boatyard: .>'Aa�kisin.a:<�I=sloin ".t.,-ha :�n icob� m twit 'xhax' t'�h� d axnr' s u Can,. n:ink,r 'a _ =po'-:�.t�ite , � .,,stgzi•,5.. -•,, `'� -�,:: r��� � _�.,.'§ i., -.ii x •.. S> - t :> ' rr:..; - �i ri i4 r: .^k _ j,� h,',.,:;uF�-J� _r.,.. , ;pit-:-''r' 2::'. ..��1• a - r - - - �� �P, i�►='. aly �'�.��.��•-�m. .� �► o .Kant, •tx •`J:. 7� b . t -i AR6l►V 1f*kvhsn .JwAr9i e:'�t ta.l1 yo lietb;: v.=dan t,, :cars .�zhet a :ii ct. Mayor Suarott i guees what it clear is that we have to have tw6, slaybe tiir!€-9 hours abd we have to (either do that by special session 6r brut hies on that bte"sa was bbv16u6lY, eaunbt pick this into the i66*t regular agenda: Mr. Plutmner s No stay. Mr. Odio: No. Mr. Mayor, f heard the presentations and you cannot nut them A a c „.., : , AL ill1kag. I'm telling you that up front. You can so advise 6thera that it ths�i 4tht to redo their financial projections, fine, but I am h6t going to Jjo beyond grandehiidrea. So I'm telling you that right up front. Nobody haei '(; .my r vote at SO years. Mr, be 'Purtsi Forty-ninefi ` I Mr. Plummer: I think we got to keep in the back of the mind... 4' Mr. Dawkinst What did you say, at forty=nine? Mr. 'Plumber: Huh? ” Mr.' Dawkine: Huh? You heard me, what you saying, you may you're not goilmg'to 5}, 50,'you go to 49? ' Mr. Plummer: Numbers that I can understand. OK? Mayor Suarez: Mr. Garcia. Mr:' Dawkins: Well, mine is'25' that's my bottom... I'll go on record now. Mine is 25 years since J.L.'s.... Mayor Suarez: Is the Finance Director still here? Mr. Plummer: I like your number. OK? -' Mr: Daukinss Victor say he don't care:' Mr. "De_ Yurre_: Oh, I, care, but .I'm flexible. Because I _haven't seen anything.: 1 Yet s0...' i iMayor - NOTE FOR THE RECORD: At this time,May or Suarez tabled item PZ-.2 until the -"arrival of Ms. Marjorie Stoneman Douglas at 4:00 4 "ORDER' 'SPACES;'REQUIRED ' (A). STUDY OF PARKING PER-`• RESIDENTIAL' UNIT:' (PLUS —" VISITORS) IN MULTIPLE FAMILY STRUCTURES= — (B) "` DEFER -' CONSIDERATION 'OF PROPOSED ORDINANCE . TO CHANGE _ ZONING -AT" . 19J BRICKELL AVENUE.rai MPZ-I. aSuarez: Mr. 'Olmedillo: PZ-1," Mr. Mayor and Corotnissiotters, is an application, for A, zonin' chin e.'' This "is for 6 g Property" located at 1918 Ave The application, is for a change, to an, RG-2.2/7 which is' a multi. ,family -',with s }A 1 72 FAR:` The ',Plannisig" Department �recommenda .denial: of "' that ,particular application The " Zoni ig: Board. " recommends denial ,. "of. " :-that,=:'paitictllar'; :':: `= ° • f _ is•":.;}L`:.yi.':-'1'..y=ti?:�rzF a9pi,ication: We., are ..in .favor. 'f aa'.application -to g ,di trio =`wliicii' is `the' one" that haw. bean iasue'd : io :.othor.propp.'r%tp al"on t{�at sidi:_. f Brickell :AVenue. whi h- is.:aa::. G- 11 5.:: T y� -`.! ._ R /- i i�8.,"a1p� A -voluntary ,covenants -which. are ,;on page '1 and . 1 :. � > c `f £ �;• The- covariants. e r is h ;-: .z. dd e. height `to 'be 'a :maxitnu:d of =_kA fetat; ;"a se a . >>' a 1 it� d ' is s ri �. _F�� $ a g �' a ,f ;x�e'�'dalex�o >� a , P . P ;. .4 st' Here';'ii� nb: �onti'Q"uii't{� :-to .tjyj4 rc ezt ;un_A 1,, .. �:• .i.: tl::ye'. ter, F. - .;,. iT., . '.. {:i �-.:. , e .,:.`� � .y�`,t'... ,?Lrt ,� i.{r 0}. t.haa'SoWI�'Mlamf`:Ava na,,' ..ram.. .-f_?4`, w;«;,:---•,r,._'":_ .vs:..7•.. � .F -�- .-5f�5.. -r- - - _ - z".'4: - .�. i h la n `l� sr m •t: .r:.a � �`�:,. �� :� a a. .has'.: sac a9m¢�►: ed` �i�`r;:. �t _ s� ,a ��.1�3#!. $`l.tp e4'r>°, r-�+�, �.A .v: ' �`' 'f5•:''-'t: J > R, .i , , y y + �'i.`.; -. , � --�. . � �,et , a.s �-..���� •,fdKM, - oa -.� • r. z : i_i b ..a�.�ti;;:t'+d� �ls,. a tieu� .r':�,;• x.� Tmrt`` h 'h',,� :4 .. „ .. �:QTMAR¢,.. = Mt, bliimdiilbt The uae, the type of use 1t04.2 is a multi family use with Mayor wares: And 2.1 was what? Mr. Oltaedillo:. Two point one is multi family with a lesser intensity. It - snya uO to forty units per net acrt, Mayor Suarezi And the seven as opposed to 3.3? Mr-Olmediliot The 'seven is the intensity of use. That's a 1.12 PAR, thlkt ihdie%taa the FAR. Maybr''Suarezt And a 3.3 was how much FAR? ` M-. 012edillot point four. And the five that we're recommending is .7S. Mayor Suarez: And there's no one from the general public here that wishes to bb'heard now that the item - now that the time is beyond 2:00? Jeffrey'Bercow, Esq.:, Other than the applicant. Mayor Suarez: 'Other.: INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarezt' OK. Leils-hear from, sir, would you stand up so that we can swear you in and the applicant's counsel. Anyone else? Just the gentlemen? Could`you please swear them in, Madam City Clerk. AT; THIS POINT THEW CITY CLERK' ADMINISTERED REQUIRED" -OATH ` UNDER ORDINANCE NO''J 10511'TO THOSE PERSONS t3IVING.TESTIMONYON THIS -ISSUE: Mr. Plummer: Are you going to testify in this case, sir? _- INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Welly you should have been sworn in. = Mayor":Suarei: If he's going to testify, he may not be. He may be...,_ 4 Mr: Plummer: -No; ' he' •just=said he was; that's a'hy I asked. '" 7 : Mayor= Suarez: " Oh'. "' -The developer, meaning the applicant, Jeff? Mr. Bercow: We're , the property owner"we' have 'a" contract to 4il1=`to' the=;mail that'he represents. : .. {` - ar Mayor' "Suarez: Do'gou"anticipate"that he will have -to testify? Mr. "Bercow: -`I 'don't "know. I don't know -what he's 'going to -.,a ay:know, I'.-ddn'V wh he'd want 'to a Mayor=' Suarez: 'Well; �'we 11''swear" you In if you want to testify:` ' Xt .s �tatall' • " ''4-:, ou - sir'. OK counselor... Mr. .Bercows � ' QoQd nf.tersiQon�. Mr.-k�ays�r. �:: :a��•s• ram.. 1" t �- e Mr. =Dawkinsf< He: aa`s .he 'Want-. "ba, sworn �;:=. Qa• i ;. r:F' .�:-� y o rn. yin; "Har liayor. s_ '.�i�iit � . •tO;�,li;�=� �. _4�-' > ,':ti - ;: ate. •:;fix � r £x� ,•u ,t .k. _ 24 9: T c'+4 t, a {a.-�" -e•• h r'• 1M- e • :n�C�;SuiAr •:�° _Ah� - we - qt: � a'. ��` `��...... wh #� , �:: l.. d:Cxt .CI0rki Tha tr�nsl for. 'aa to the trans at'io -She!,�. '�!l!' riAo=i... $l.t:a. .a'X'Otft'�'• .., ..� r :3r q - s : . : + _ — eYt 4 .:Si•:'µ c.R, a, �' > {=:L;• 8 ".�'S�' 4 ,.. _.. _.. .._ .:,.-.,._��,E'_�i.'itti."'-''�li::A....s':•ii.:.uf°. •ri L,. -'3,;',c,• •'Fi n+aeaisn.J's... _;�u'". .,v i .__.s a.. <.. , .... ,... i't=.w-�:E':r�s 'x. x::dc• ri-Lj'e:ci``rL't3 +.rr:;i4d -- 71 =77 Mayor Sui:reet Thank you: Mr. Bercow: Mick, you have to swear. He didn't swear: Mayor Suarez: Administer it to him, please. AT .THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE 90. 10511 TO THOSE PERSONS GIVING TESTINO14Y ON THIS ISSUE. Mr..bercowc Good afternoon, Mr. Mayor, Commission members, my name is Jeffrey Bartow. 10m an attorney with the law firm of Steele Hector& Davis, 200 South Biscayne boulevard here in Miami. I am here today representing the applicant, : Mr. Paul Sadovski who is the owner of the subject property. This property, 1918•Brickell Avenue... _ INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Bercows ... is approximately four -tenths of an acre in size. it is presently vacant and under the present zoning, it is RG-2.1/3.3. It's important at the outset to understand exactly .what this -.what 'we -are. requesting today. We are seeking an RG-2.1/5 zoning district. However* because we don't meet the technical code requirements regarding minimum lot size and minimum frontage, we have to apply for an adjacent zoning district and then, reduce our request and that's exactly what we've done. We've applied for the 2.2/7 zoning... INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr..Bercow:' You've applied for the 2.2/7 zoning immediately across the street -: adjacent to this property and we have accordingly reduced our request -to 2.1/5. The Planning, -Department. has., confirmed that, it's a, fairly common..' ;. practice, and, , in fact, as Mr. Olmedillo indicated, the Planning. Department,, is, .:_ •; .' ' ree.ommending:approval.of the.2.1/5 zoning -district. The... Mayor,Suarez: It's not exactly adjacent, is it? It's across the street. Mr.. , Bascom: - Well, , it is adjacent because the -zoning district extends -to the' center line of Brickell Avenue. Mayor Suarez: Ah. Nr:'4a Mr. •Bercow: Guillermo, that's correct, isn't. it? Mr. Olmedillo: That is correct. Mr. Be•rcow: The City Commission has recently approved two similar rezonibgs:; in this area on the west side of Brickell-Avenue within.:the last two;or; .three'"', years.:. In the „fall of '86, for 1550 Brickell..Aynnue, tbe--property was rezoned to RG-2.1/5, which is what we were requesting and in the .-fall of !87; '2100 ` " y J Brickell ,Avenue.. was. also rezoned..to RG-2.1/5. Again, that's exeGtly=. we're. requesting. We are not requestinga change in the zoning „district, y" ... This': district,,- RG-2.1 stays the .same. We are requesting a change' in'.thi-.'land•" use intensity .sector and, in fact, we're going to the next highest land'US'' Intensity sector, We're . going "to. al ive from .a 3.3. , What this; will i,40 permit a greater FAR on site, permit more square feet to be. built,!eithin: unit, :but it 'bill not. permit more units thanthe current zoning. '.' The number4 of units ^_will' -remain--.:the' same .under present zoning and ,under• �• zoning'. "According' to the Planning: Department s- estimate that they tne�atSa►e 2'• -at the .Boning 8r�ard, this Dili permit: at}_,increase.{ appoxitnea�i `.Q r` s� sg ara:: feet; er unit ,t9-aPpro;cirnmtely- 1300v=-square .feet, or. un1t, :,:.:W b V. i ncr sae. is;. more .a props a fo tj`{i a{yF';` i .B• v nil n n' t. e:� • y eat , , zic`ks. , ;A •e a.,' :eo d miq,ium :and-'' it ;wi.lf .. sr�. .. .Q.. .�� .a� :., M•Lr'f,3 r4 aN?_:'nr`. A.(7;_k}}; h„ �y j .4r N . .6 :,i.. era A. [.; r ?" t : Y = :,'i-.(.':y'.3-r '.F•j ' �• :'}' �, o r e ;. M Vie. Ir in o t; .Q ai'_ uick of t,ar�Cup �',X ,.q ,� — i rh _ —:.... .. ., �/ ?y '- •. .- � - — oT ;. vfk ,tit A 5 ' J. • -7 j f s •`i r'Ya t .J y� t5 : `tJ yy — ,:�'r•-;'.'..;1:-r-f#'�'l.�S�,a-.�rr.-. +,,, :~"`T d��.,,s: +'}'M n.�•.'���::� ...,' ,S"..,T� _�>r}► ,.�'- . �.{�,} :;g f, _ '.`L�f p :;; ^u „Y,`' .'.0 +l, ,da. r,r�. ;.i .'Cara F.','. rir "i� r: H';.�j,•. +.4 �5, - �frn ...:. RnF�«,.'� y//:jar-�:jL.�.�:�.. �+,a• . tee. "'• :r;._ `�`�wna�•�L.fawi.l:�r..r.... e.F":. w"J .: ♦'�O_. ,,. •. _ -.. ... ,. ...,. ..�a. ,_„a.. - _- - - t nt ,�4i fr 1 r �i�• �f .. FH%-L y. Yf i�it' __+t�.iE .•3 � � 4 Mr, Olmedillo: Yes indirectly. There's an intent column *hich.,state*•fat the R412.1 that it up.to 25 units par net acre and than on..► Mayor Suarezt Per net acrei Mti3Olmadillot Per net acre. And than you have a table which *tates'ahat your FACt is. Mayor. Suarez: Per net acre of foot print, I mean, of land, not square footage In the building, OK. Mr. Olmedillo: Of land. No, no, net acreage of (Tape 2) land. And than you have the information that tells you how much FAR you can have so you multiply, you gat the total square footage and you divide it by the maximum number of units you can have and,that indirectly determines the size of the unit. _ Mayor Suarez: And those are absolute constraints, there's no way to change the shape so that you could comply. Mr. 01med,illot Not now, when we have -the comprehensive plan which also establishes a max within each district; each residential district I should say. Mayor Suarez: A max of... Mr. Bercow: Units. Mr;. Olmedillo: In this case, the maximum was forty units per acre and then your comprehensive plan, right. Mayor Suarez: 'We really complicated the equations now, but I guess they lead to .absolute constraints and so that even in effect specifies the square. .footage per unit. That's.what he's saying. - - b `s Mr—Olmedillo: Indirectly, yes, sir. Mayor Suarez: '.Unless you build less units, - I suppose. Mr..'..Bercow:. .Correct -Mayor Suarez: You can always build less than the maximum, right. 1 ;w Mr:.:Olmedillo:f Or smaller units. Mr. Sergio Rodriguez: Smaller units... Mr. Olmedillo:'-'But ,the same -number of units. That the 'fact 'that' -they reduced,' r the- siis of the units will not'allow'them to have;more units.;,k , Mr. Bercow:. That's correct. We have also proffered.... Mr: Plummert Who is Paul Sadovski? Mr: Bercow:', Paul Sadovski . -is :the owner: of the -property. '':,;He's hexe ' iA she audience today., Al Mr: Plummer:. Th nk .you } — •t r. Mr. Bercow{ We have roffered a covanaAt` li:nitin t2�py st ctu%as.'on .ttia proper., to '4D :.fee We` h�iv P p 9 t: a iAcreiad s}iia : yir:�;;ro :.1..FL'L� ores rt.t#►rough'x tteis':covenant 'to<k0 feet; We' 2iave ., prcvi,ded;,,;a <ar a :_I" 'this:;':ooveaant :off --'tan :feet in -width. elan 'the,:_relic xsa`:e .: s ^� r list have wa Q:'prglfer,ed .in our covenant a :voluntary,- cont4 .0tw,ko ::t; the i rk im rayemant' trust fund of the G t�: piss',, �i.i�io$ thalp, Tay . an . . n,_ , r - k. outi:otechnicality-.I l-1'l: justek� �iryone:c..}1't,; , :A�'�es+anl g ►4 t�R#tn�t, a3 t �: `�timad llo::m nt ptis '.;KIUOO FWD *CI I`. t. - .. F :i r N.�.. - t .`ir�RAtr:' 9 ,r ►n. p 'per .Y..1` r►e. i :11 d # a ' ba. ilia .' the ,: .± �! ; OMNN * 19A, _� .fie.. -j ,V - .;V' > �1 ..i ii' _ �.T_c.hit +�,,ag -Ii`r 'w. 5.4 ;�i,u :� - :'f`: '. - "9: - .�: -, r:: a, rr. �.'.;.'...- . - ... -..aw,�:�1. �;'?-r �r r]rxb 4'l'��ir'-.�:' =;�.A:.:.-. �:r'�trit�.. �.'rEt.��vuL�:. �:��'�.,it.:ivl:-t�,T_•_�s%:y�'a::�is�u.'f':�nT.�fsd s�k�:i:.L�6 covenant to the planning Department prior to the public hearing ltk 'Juho, Ybu4re, fl6ing to hear tr6M a 'Man* one or bur objectors, Mr. Mickey less, wh6*6 the president of the Atlantis Condo Association located hot OXAetlY aerobe the ttr6etf but across the street and id6wh the block A little. And helila'saiftta tell you a number of things. go*& going to tell you that the pAitthtaot'. f this property is the owner of 2100 Brickell Avehu6 and that a Clash C permit ,*as issued for 2100 Brickell Avenue. And that the Planning Department subsequently rescinded that Class C permit... ROTS FOR THE RECORD: Commissioner Kennedy entered the meeting at 2:20 p.m. Mayor Suarez: I hope somebody, sometime, explains to me what in going on with 2100 Brickell. Why they can't get started building after we approved everything that we thought that they had requested. Mr. Olmedillo: You want me to do it quickly now? Mayor Suarez: I'm not sure what the relevancy is to this case. Mr.`,bercow: Well* let me... I'm going to explain and I'll, tell you, I don't think it's relevant but I will explain what happened. The Planning Department rescinded..'. Mayor`Suarez:' So, if you don't think it's relevant, why are you telling lid about it, Jeff? Mr.,Be*rc6wt Because I know Mr. Bess is going to tell you about. it" and I`d6n t think' it' a `j relevant. You need to hear the f acts, :but he's going_to tell' you..*. Mr: Plummer: Why don't you do it in your rebuttal? '" Mayor Suarez: Yes, why don't we wait then on that issue? I will Want- to; hear about 2100.' If anybody brings it up today, if not, at'some other time ow: I just urge you,- if you're going' to consider 2100 Brickell AV el rid i, -th'at -it is not relevant to 'what Is happened on this property :1 and reserve time on"rebuttal. Mayor Suarez: If the practical effect of what we're discussing here, assuming you're`not going; -to go to 600 some square feet per unit, obviously.. 'You rs1...�..._,,- . going to' try to keep them to a thousand or some reasonable amount. So we're. Mr. Bejrcow:.' We're ., going to try to build, in accordance, with, whattfi., permits' on. -I Y Mayor.Suarez: But. the practical effect of this discussion is how many, units M i.- As' i c 9, if, le-larger'uniti, -the- same number of units to presently perjuitte44M, but the unit Will there will be the same number of. units :'&s-. presoat-L poirmiiii4 but" they' 11', Just be, 1 air"g-ei, r, , that's all it does'.., in 4my -: - way - o-f Mayor Suarez: The change -of classif ication* will notf o n er,4,,'of units if tic's Will. to., umb make:,.them smaller. t Mr. , or cowi It.7cannot►. I -�l c ut ifl*1�41ie 1A lit WO 64 No! It' can't. _t mIt becsuisot to 4pte rn 'r m4ktlit:mu , of 1�1"'- nIv, tper, pot i'litcro..--so, that doesn't' A o'z Ca Mr. &ertawi No, we're • talking sort square fobtaeb in each Unit. about building the same number of units with because the units that can bet.* Mayor .Suarest But it we didn't alv* you the have to build 1686 units it you wanted to - F-1 I . Mr. bertovs Correct. Mr. Olmedillo: Right. Mr. Plunnert How many more units can he build with a change of zoning? Mr. Sercows None. Mr. Olmedillot No, he can't because the intent column of the district states.' 25-maximum units.per net acre and that's it. In order to do that... Mr. Plummer: That's where he is now. Mr. Olmedillot Right. Mr... Nercowt And we're not proposing to change that. There were other,,: objectors at the zoning board hearing. I believe that you'll hear from Mr:: Sperling that he no longer has an objection if this one foot:, strip Issue :is cleared. up and Mr, Wilkins was, representing the Roads Civic Association. I don't believe that he's here today, he has indicated to us by phone that he no- -lon&er. has an objection to our application. In summary, what we are requesting here is a change in the land use intensity sector, not: the ;district.,: -:but the sector, to - RG-.2.1/5. - .The -. Planning. -Department is' recommending for this change. It's consistent with the comprehensive plan.'It'. will.increase the .floor area on site but not the number . of units. There,18 precedent for this request at 1550 Brickell Avenue, 2100 Brickell Avenue.-, � With., the', covenant that. we're proffering t It's, compatible with the.,, are a:.and the besV. interests of- the City.- We' request that; you: approve also,wouldlliketo reserve a.few iminutes for rebuttal. Mayor,.Suarez: Surely. Mr. Bercow: Thank you. 4 J Mr i Dawkins: The administration. I'm lost. Help me f Ind my wit quare Vm.�goinj to square::'; :foot _Igot, a .24-- foot long two, by four,, OK. -And ; -it-"off, which will give me six feet on each side. Is that 'corre6tT ::if Aquare'--it. .OK? Mr. Olmedillos ;ThAt'll be... Mr.' Dawkins: Now, all I've got to start with is .24 foot of t,46 by f 1 tolng.-_:,to -cut, -it off ,and I'm going ,to,square .it" get -:mare area, in that? What I hear you saying is that we can' have the same units on this property but yet hel,s saying; he -increase, the area. I mean, -explain to me how that can'be done, ease Mr. Olmidillo: �Tes. Rlght, now, they. have AzXAR,whichi,i s-,;T, h6,4quare footage: Is obtal ned,-from multiplying... Mr.: Dawkins: . no,- let me ask. my question again,,,OK? I j6il; this 00 . 40� _Qlmp4$llo. -Right* -d w 0 kin Ano - you:' till. me, "that 1�� can build -,h F "Mr. r '01me correct.,iw K, t'jti , SO dr. - Mr. riawkina: Now can f get more... now, how can I, after I fill itl how can >; add more area.inaide Of the ash tray? Mr: Plum ert X011 go Lip. ,4 Mr. Rodriguaze. you can put one ash tray on top of each other and you could have, in that way... "rt` - Mr. Davkinst Oh, so what they're asking for is a... Mr. Rodrigueze An increase of the total amount of area. 4, Mr. baakine;e iThat.they'ra asking for ie an increase in the height. Mr. Bercow: No. Mr. Rodriguez: In the total amount of area. Mr. Dawkins: Beg your pardons 'µ Mr.,Rodriguez:. In the total amount of area that they could build. Mayor. Suarers Buildable , area. Mr. Rodriguez: In the previous one, in the example that you have, if you were to be;l_imit.by.one'story, you can only have one ash tray. Mr. Dawkins: OK.' Mr. Rodriguez::' If you were to increase now the square footage... Mr. Dawkins: Right. ;Y: iK Mr. Rodriguez.:,- ..... you ,might be able to have twoash trays, three .ash trays high'. In that sense, you are allowing them to increase the-. density,' the, g amount of development with some height.. Mr. Daiakins: So, in essence, then, then this request is to increase:: 'tile-_`;:'-.:'x ;;,fn Mr.. Rodriguez: Indirectly... +�€'t} _ Mr.-Dawkinss ,Tell _then .let . s ,'say.... well, say that. Say. that. x' ;, :F=tiro Mayor__ Suarez': :If, -you,keep the. same shape, Yes, ifyou keep the sameshape. EMS Mr., -,Dawkins: Mr. Dawk s: I need to know. what,,.. I -heed to know ,what::'lxs"t �;n Say._ that,. , so .. voting oa. Go ahead, sir. Mr.. Olmedillos Perhaps a simpler example is that within the ash tray, .you' c`aa : houses today do two Mr. Dawkins: Right Right Mr.' Olmodillo: Now, you'.re goi g to get another ash' traq.'but still q Y'>':,. •,�. n ou clan:{=: L only' build' two .h uses. Mr. ' Dwkins e' OK. -K :'jar -:;•.',.... P s �cx i - ti. .ltue.d ll : So: ha �w 11 ea the:.sim •lest:exam le�-that'�I:.`eaxi: y, ¢e Y " 1 :• y i H ai►xa,._�: X Ll .�f.'ati�l:=fid... y ,nS'�...,a H,•,�+t x•., •,-ft ,u A', _v - �.:...2 '. . . ar.; « C •:r',. i�- t- c..5 a�'�,,JF�TTN,: , _ -:�� _ _ :fr F •.� I ,.�i.. A-.4 Y: u el i�� x¢ti ei��uapl 7 -r x;� . „, f;' : - t t �:': �r~<�a}r r��P.�[:•x �":*-�1 e;�f ? - �.. Y5, Y'- rt 1d1�. Bereowt No. �lr. Olinb� �.l lo: rib, ` you will still have the same number of houses. Hr. ��raowt Obmitsioner Dawkins.:.. Mr. Dawkins: Mali, how in the hell are you going to inerease,spacel itov are you going to -increase space?' Mr. Btereowt Commissioner Dawkins... Hr. Olmedilio: Just make them'bigger. You get bigger houses. ' Mr. Dawkins: But' your got... if you make theta larger, you've got to put it somewhere and you said it's just 25 you only got an acre of land... Mr`.,Rodriguest Because..'.' Mr. Dawkins t ... and if you I don't care how you do, you got to - go - yeti either got to go this way or this way. Mr:'' Rods: iguez: Mr. Commissioner. You can put only, at this point, half an ash tray:... Hr. Dawkins: Right:. OK. _. y Mr. Rodriguez: And now you will be able to put a full ash tray, for.example. Mr. Dawkins:.,OK. Mr. -,:RA uez:` OK. That's one way of doing it. Mr ,Bercowt 'Commissioner... Mr. Dawkins:, Now,. but if I don't want the ash trays, I want to spread.:W out.:-. tiov;'"What'Tdo 'V doV Put the'' ash• trays side by' side? Mayor Suarez: You have to buy more land. Can't do it on. that piece'of .land r Hr. Dawkins= Huh? Buy"more... spry = L �- 101 Mr.' Plummeri Buy' more ash` trays: ;{ 1� Hr.:'Betcowt Coinmiasioner,''can'I''attempt to explain?' Mra Vlu6me"r: " Buy snore.' aish . trays. -' .. •: � 3 1 = Mr::48ercbl = Aft 'or.' you apprgV our.•!zonin� �'chang'* � you can put two x..�. 'oi.garette packs in.' the ash`tray. That's 'the way to Jqox at it''2`?a M:.:';Dwkinss �u► #fi - OKt no, it's not. 8e6ausa i#::I'veo'.i�i`;+i -:�3 s� i�t•�'a':: �ihd .'� • m° �' u tiaham :si _ bi • : � . h try an ou,.va.,t`e'XX 140, ' yet,. o v .�:,�...,:. : � o :t ha ea �!dk. �W ( S ,�y y t'1'. �.s"f. .7 ri,�:iJs'�: e.!':�'�i::l� dc.'!'�''��.�*'v>k•" �?'. •its Jai ^ a-rt. �5 - j: oL'� .:r, h � :ti �:: �, -n5' , i�;« "'' � _ s+: ���'•z.�:x �g�tiYs�• ..1g =t": — � yyYY.cc'? .s. M. s.. e .,� i'iuF:.S`.: _ � >. ;�"s"� .-'li�;i ' a '' Yi• r� 5r: •:...... _, ':•:.... .ppAA•'��': d,t. :�-f.. ..} a, i�',; ,y .,J'fi'-s�.��'�' MKS. �1.-'-:';._ .{._�k � Srr '�$q' ��'�r��: r':�: �+qy� —..c:$„ �i•,a t��^� .. - �) .'��; .f, it .,Y "�-.,i i��'," -. "�.. R.r. r_i.. �:.$,'�-:`r' ,�.f<�!,..;'?4 S'+,%.:'-��..''�Fl.':*;'� �4a.".� f; t" MrY 8ercovt You have to go up slightly: iY Mr, bsakir►1r: OK, let's you and` I go to elementary school. Therb'a a *et$itLA cail*d volu+ne, right? x Mr, Bercow: Correct. yr" — Mr. Dawkins: OK, now when you get in - when you fill a void with: a ,vacuum you`''eah't put nothing else in it: MrY BercoOt But you don't fill the entire property. ; Mr. Dawkins: Go right ahead....'" Mr, Bercowt I'm finished. Mayor-Suarezt.• You have.managed - once again let me repeat it.on the -record; _ you, the. staff of the City of Miami have managed to come up with a set Of - regulations that are totally incomprehensible to this Commission. If you don't come up with simpler.-ways,''you know, other toning codes have height or Commissioners kind of leading us in the direction of volume. You know, " concepts, ou' know, we have light lanes, we have FAR we have' p - y , B P , overlays, we have 2.2/7, you know, I mean, really... it's almost Incomprehensible. '`.:.. Mr. Bercow:. Mr. Mayor, I agree it's confusing and that. What we'd be willing to do is on second reading, come back with a... Mayor Suarez: We change the whole ordinance. Mr.. Bercows no, just come back with a graphic � depiction of what •'we can ,,_ now, -and what we can do later: Mayor Suarez: Yes,. the ` FAR concept is what's really tricky and obgiousiy .'a _ •'--.::~-.:,:::,'. •,: fir. number of units plays into that. depending on the size of the units.0 4 M Mr.::Bercow:: And. we 'think it_ will.: make sense :when we come=,back..+'.;' a or..lSudre OK let a, hear from the obj actors: x .#« Mr.,.+Rodriguez.- . Mr. ,.Mayor,, if it would help An any way, I' the proposal::`;that we'si a doing,:,.of zedoing ;completely. the zoning .ordinance,,:.we'.re elimisaating:. the; concept of FAR -and so on, not using density.' Mayor, Suarez: You're a gentleman and a scholar. Yes. Mr.'"Rodriguez: We're going back to basics again. Mayor':Suarez- .Yes, back .to .basics you. know. R-.11 R-Va C41-,0 s B ,1; 'a that kind'. of -stuff.:; Objectors, anyone?=,. No: objectors? , What., is the,:, while they; g0 ug::there:.. yvhat is :the zoning classification. of .those units that;.'sspi ; . the. e..f:r::s..-'•°�?sowell°that were low rise-,, there. on, Brickell,. INAUUIBIE COMMENTS_NOT ENTERER INTO:THE,PUB IC REC0RA:. MrOlmedillo: Itis the same tha hey re requesting today., Ma . .SuarezIt hatthe re•re uestin ? INAUDIBLE CQMMENTB.NOT BNTSRED1.,3NT0 :THE::.PVBLIC;`RECORA 'u o� ;�• `�'_ss`'rs_u <-,.�'._r• '. -a . -q:;;;�..�.g.ay S>r rt;`r;r3t`h • r I y. pp —l? , aia S str�ik ;.Qo�;�st►a d Ksir '.Gi .e�uis oui�„maia .aad�.:kd r�S=_:'•a�i�ii�o1.- •t _ •r�, _ 1 ,• - .. 5,.'e,ti'i9�i•. ;Y.;:r£d.4 r.4' .:-,Xs 'sq .i'.:.�'=r �._4 :�: .., .. .. .; •tea _ rl` r a_dke _ xF _ �t:; � : Llie:� : r� a � ,.:ersi! , t'jcl ., �i►s� -, air¢, . �►A��•t�ih� �°sud is '; ; ;• �# 1.�_. 3 �� • e� : Aid -a •. - . �:�� .p...:.+ -, b����x��e�r' 6. v4�. ��' ��4�k�_:�.i;ai�+? ,,#el��'`�.-�.. o�,��=>,A&sPF�"x� , , respect, is confused. Because for the past month I, as a layman, I'm not an attorney, I'm not an architect, I don't have any credentials to be hers is ae - export. But as a laymen, I have been trying to comprehend exactly *hat thib - in All about. live even Met with representatives of the City on'thin issue and I am truly and have been confused, but I do understand a few things score clearly ' now. And in answer' if I may just offer my layman'a dxplanatitsa, - because I do think there's a lot of semantics and the other side - and the applicant'a intent to slightly confuse us. With the present stoning, tyre applicant could build marketable units. We have to all understand that 'I,h order to stall or rent a unit on Brickell Avenue, it has to be of sos�ne reasonable site. You can't build S60 foot apartments. Mayor Suarests 'That's why I said a thousand square feet. What would you suggest is a reasonable size? Mr. Biss: They could build, at the present time, units which mbuld be a marketable size but if they got the step up in their zoning, they could build more of those units that would be of marketable size. Mayor Suarers Which is what, in your estimation? Just a rough range. Mr. Bias: Marketable size? Mayor Suarez: Yes. , Mr. Bids-. One bedroom, 800 and change, 2 bedrooms, 1200 feet minimum. F Mayor Suarez:. So around a thousand average, very good. Mr.`Biss: So, in order to maximize the use of the land, they want to,, able to build more units which are marketable size and to build more of those; they have to step up the zoning and that's how I understand it. Mayor Suarez: You got it. Mr: Biss: Now, they could, at the moment,'do what neighbors have done a`1ew years ago, build "four or five beautiful townhouses, two, three stories even and at fifteen, eighteen hundred feet and they could be sold and marketed: But If the ,.can't 8et a step. -up is=zonin , they can only' build `amited number ofthose: tt r. Mayor Suarez: They could build one to"a millionairetoo, I...`. Mr. Biss: Hmmm? I'm sorry? Mayor Suarez: They could build one to somebody that has a lot 'of money to buy ;a one,`I suppose. Mr. Biss3 They could build one. I might, myself, want to`move.'acioss the street, too and if, it was - a reasonable size'. But what I also: cant to point out; and -I have discarded my notes here, that I was going to bring up,,* the, points I was going to bring up, is that it's my understanding that we do have r a new comprehensive plan for the years 189 through 2000. And this entire"area In going to be under reconsideration by the City for rezoning. Now,.,ad,.I understand`it, it... liayor Suareze Obi I hope ` ` s .not. Hr. Bassi Ste11; it's `either going to be rezoned or the clasaificat s now exist by virtue of state law will have to be reclassified: What I we tp, xj oiat::°out -to you, the Commissioners, in. that if you unsp the gun today sy*_,° step up the zoning 'far this applicant, what may happen ;iaadverte�ntlyd ,�r ,s �a because of -the 'sequixements . of,- the state to .recisasify, the very zos" you g nat bim today, his stepped up ;zoning, , may, la '_a #evi moths t ► a ail recissif�d,ge in,,U aet -il that everythinj alas la ha�rmonivue aaQ he will have wt�ats'R,Re .vei`� c' stp¢aisl' grant 'p�.ivilega `baCauseY-.�sew, beca{InY l,tF abls''`Q dQ` ste flif;: it'e realassilied sad, ms T balisvay• Qisla ti ' f!xJain* 4Q -a t c Mr. Olmedillo: The master plan reads that this area is at 40 unite pet acre. Right now; it's out to 25 units per acre and we have to make our !toning Instruments consistent with the comprehensive plan which was approved. Mr. Bias: So what I'm urging is, since there will be reconaideratiou by the ' City in the next few months, please don't jump the gun now and reclassify this applicant's isolated parcel when, in fact, it may not be harmonious with the overall west side of Brickell Avenue which is all going to be under reconsideration in just a few short months. The attorney for the applicant pointed out that I was going to bring up Mr. Adresi. Since I have no choice nowi since I was told I was going to bring it up, let me bring it up because it is relevant and, Your Honor, you were not sure whether or not he should mention it because he didn't know whether I was going to bring it up. I will �* bring it up because it is relevant. The applicants Mr. Sadovski, is in contract to sell this parcel of land to a gentleman named Mr. Nasser Adresi. Mr. Nassar Adresi is currently the owner of another parcel on the same side of Brickell, 2100 Brickell, about 200-300 feet away. That zoning was changed and _ modified a couple of times in 1987 and then in 1988. Now, with the step up in zoning at that point, with that in hand, the applicant has made an application j."V for a.Class C permit to build a proposed 20-units on a piece of land which is — approximately the same size, less than a half acre. That equates to 48 units per acre which is far in excess of the current 9500 zoning ordinance and it's T;= far in excess of the new comprehensive plan intent of use. Now, -naturally, — the Planning Department turned it down. It was a blatant violation of -the — zoning ordinance but the applicant, in that case, Mr. Adresi, had the - - audacity - and -I 'emphasize the word audacity - to appeal that planning decision and still thinks that he should be entitled, by virtue of some:,loop r hole, to build 48 units per acre on that piece of land. So it is relevant . because look what's happening here. You have an applicant who's in contract to.sell to a Mr. Adresi, Mr. Adreesi is currently trying to make,, I_'think,,..a. , mockery of the zoning system. He's -not even accepting the Planning Department's decision .that you can't build 48 units per net acre :;;and -is appealing it.. Mayor,Suarez: I see what you're.saying, you're saying that the relevancy is the:person involved, not the actual sort of.... ,— —_ Mr. Biss:: Correct, that. the, I believe you judge people.by their past an ..by rF�' their,behavior,.and.by their actions. ` Mayor -.Suarez: An ad homonym that we've had here before. Mr. Biss: Yes. Mayor Suarez: Let me just ask about 2100 building, Guillermo. What is the, - story?, Did he describe,it correctly? We approved the zoning that he wanted. h f s, Mr;-Olmedillo: In general. Yes, you did approve 'the zoning._ then.. . The applicant came back to- changethe covenant because ,.there was ;,.a:,,covenant, restricting up to 40:feet,.then they came out to 48 feet. Mayor Suarez: Feet? Units._'r'. Mr.:Olmedillo: Forty-eight feet.,a Mayor Suarez: Oh, feet._ Oh, he, said units. 3 ' Mr.. Olmedillo: .No, there was a height - no those.are height, limitation,. t Mayor:,Suarez: Ah. gs§4 Hrs. Kenn4dy: in hei ht- Mrt l Plurtmer s Feet gives then mare omits 1 fi �J4 { .3n i. t bra. %,+�1�f' �t,yYr`.: �_sr.-rO1�geQillos There , wa$ a height limitation and thee;; os�Yaaant chaA¢e, the'��y covenant asandmet�t. L �,� rti° . � 4 R�Z MayprFS4�rea� s So ;he giant to shaage` the coveiaat that w�rP�tslWs��� a ; conjeA With the zani�g that tie have dim?�. �' y `3.Te } t ,,r �"# y '���.f•.' 7' v� c.. '�i) t`C' . °�� k..r { 3 �. 3 of cr :COY •� .�. —s>.442�u3�+E,+.�fi'it�4„2t � c-,k+�S..:,.,,�.'`.�•..,Y�.ffi s; i:., ,�, .?-c..; c :r .._:_s...e. , .... .. t_ . � .. .. .,:-i. ...,, . , r .. ...fl�'a.i�?.!,zv..��.v $`''- �.. Mt. ()Iftedillot They did already. You approved that change in the t6v6fiaftt* Mayor suareet Ve approved that. Mr. Olb6dillot Tos, air. Mayor Suarott But what's the latgatt V6 got some letters and everything. Mr, 01"dillot The latest Is that they submitted for a Class C special permit. because the area requires a Class C special permit. The Planning Dapartm6ftt turned the application down because they exceeded the number of units per the intent column of the district. Mr. Blast For both Intent, the intent of the current 185 comprehensive plan and for the'new comprehensive plan. They exceeded It by eight units per acre, even an the now one, and they're forging ahead on it. So, what I'm urging... Mayor Suarez: Ve have an Idea that something's amiss at 2100, but let's stick to this one here. Mr. Blast OK, what I'm urging the Commission to do is to not, and I'm using the words again, jump the gun. Don't reclassify this isolated' parce I � of land today, especially in light of the other facts that we know that the whole area will be under reconsideration within a few months and we know who the. applicant is in contract to sell to and what the abuses currently are that he's trying to jet- through the City. Leave it as it is, let it all' be harmoniously looked at so that it can all fit together harmoniously in the' next few months - and then there'll be - a decision for that entire west side of Brickell, most of which is undeveloped. Lastly, if for some reason beyond my comprehension, you, the Commissioners, decide today that you must stop up hii zoning, and you feel compelled to do so, even though the Zoning Board turned 'it down,than I urge you to make one other requirement. Put a covenant :in that notwithstanding what may or may not happen in the reclassif ications. the next ',few months,: put a ; covenant An that no - more than, 10 units should.--. be' built �.,Thbii :� on -this 1ess-than half. acre and also put - a covenant in'about :.parking. is not one off street parking space within: walking distince --of 'that popoeed unit-, site. And yet, if the step up in zoning .that the applicant- As4ski6g,'�1 br' today -is granted- he'd be allowed Ao - build. with 1.2 parking. spacew; pe r>.i`Un it Ve all' -,-know:. in Miami thata unit, even if it's got only, one b6dioom,_ -needs more than 1.2 parking spaces. So if you feel compelled to stepzoning, . -up the za N 'in.- spite= of what I've 'said, then, let me ..urge -you to put, a_covenant-% , �n requiring a minimum of two parking spaces' and 'also* a. maximum .of Uv: ufor thisIeas than half acre parcel. And I thank you for your considerations Mayor Suarez: Thank you. Mrs Kennedy: Mr. Mayor... Mayor Suarez: You understand, we couldn't possibly. do that'today. Not the posture of the matter here, we can ft, all of a sudden change, the zon!nj,-:. that would be at a liter point presumably. Mr. Dies: I think that... well, I'm... OK. Mayor. Suarez: I just cant to clarify that unless I'm wrong abbutthat don't.,. 54 ow: Mayor,' I d like to ask Mr. Mr.'Berc Mr. Bias -;&,few soon , P VM11 Mayor arez; Yes, :except Commissioner Kennedy, - w 4nt44,:,: " to ask aamstpi►g veer57"` qulckly, �-y of 0 i"-waht- "to4po b 11 tw V to deiist a crick:.hou.06: and 'the l-bulldozer ,,.arrived fLT,.R ;V. A_ Ait - YAR whi b 'I - kjlj� 7,77 - ylp-.. —l•-: = Mr. piumar,ar: How many units are they proposing for that site? - ' Mr. 8aroowt we're not proposing any units* we don't have a site plan <<. ,. approval, we don't have a Class C permit, we're simply requesting a change in . - the coning sector* lane use intensity sector* to five. The number of unite �L will stay the sage. =' Mr. Plummer: What is the maximum they can put on that right nowt , v Mr. Olmedillo: Right now, they have a little better than half an acre and ..' it's a maximum of.40 units 25 units per acre - so they should be around ten_, R;* maybe 'eleven units, right now. Mayor Suarez: And what they're requesting will allow forty. -' Mr. Oimedillot And the request is not for 40, it's for the same 25 per net acre and the FAR is the one that changes. Mayor Suarez: The FAR, OK. Mrs. Kennedy: Well, didn't we,rezone 2100 Brickell Avenue and 1550,.was it?- Mr. Olmedillo: That's correct. Mrs. Kennedy: Brickell. Mr. Olmedillo: , Within the last two years, yes, you did. Mrs. Kennedy: Yes. Mr.. Olmedillo:• You did take that action. Mr._ . 8i'sa:. I'; would like' to just respond to Commissioner Kennedy.. My�:_`:, _ }` interpretation is- slightly_ different and I. think we're: -into a, -semantics::_,;, {,L: Problem -here again.,, Yes, I believe that they will, be .allowed to build- ;morn ' units:, if:pe grant --them, or, if you ,grant.. them a step •up; in . zoning,_ _ ,;Becausa; 4.:a if . you . accept; the fact . that -no developer '.will build', : something undersized as far as marketability... Mayor. Suarez:. Yes, we've been through that... `.y; .°>>•,+y : Mr. Biss: -Then... e Mayor -Suarez: ... if you assume a certain minimum size for the unit "they're::`-: ;;ay going to .have to build less, , if we don't... Mr. Biss: Then they'll have to build less so, in fact, in reality, you... Mayor"Suarez: OK, we've got that on,the record. -J Mr. .Bias: Yes, OK. ,Thank you. Mayor. Suarez: . .we've got other people that .want to be heard and. ,we shave .�to:' decide one of these. 1 v, '1 ? a'fil'l`ni1 �. Mr._ 84.rcow: Mr:.,Magor,: 1 I. may,, I d .1"ike, to _ask: Mr. Bins. a fe ,,qua�atioria, MA Pr, J y Suarez: Mp, ;"too at. the .end of the objectors, please. Is there dAy flthe�t t p =�� �V ob�N kol ` •L• ro p: i Sent lemari Mac..-S �rlin-whoY ��►b ts'`�: hs. `,r� .�} s haaisa -r. >�i yw h .M�un �►.,.. Au., ,I :j}� .k ."he =K - - — . t`1, —. s! . k. .�', P'r+'a". i--a��,'41 .it���i�Fi,�:�A ,�7r • r,. MjaYa.:.B#araac:t}i"h•.we;; got' +cQrroe o?eoa.e:.,.�trAtR� •1, ..•. i' ,.T:ii, a- y... t, ., '-f,*,,.., _ p _ ;�..�, :a.. ''a'.. A _ ''•,`fir= _ n ':�..�i •.�Qrns.Qia +iaad¢.+ell�a�� a�►:�t�i`.:Qr'.rwferAA/^'�s` ,Ao' .. !" T . . `� . }!+-' %� , ��R`��5kl:i y 7t2'_ .ref-. F•...:'-,t4.i': -.. t .f„i":•ii°'tA • z l ' 3 — :r — r+:t +"M � � .t� '�'+a i►.'� � oWld'a •3ke ::t' ''r . • .f i F' 7-777 Mayor Suir6tj OK, I guess that's part of the application, so. Mf Sertowj `Itla riot part of the application. flag `-Suieratt: got part- of the application. In consonance with the application. to ahead; air, **'ll hear 'briefly from you too. V Mr. Julius Sperling: My name to Julius Sperling, I live at... Mr, Uirkit►st Pull the mike up, sir, please. a: Mr,= gp�erl ing e' My, name is Julius Sperling. I live at 1915 South Miami Avenue directly behind the lot. a Mr. Plummer: Were you sworn in, sir? >f =: kr ' Sparlingt 'Yes, i was. I built my house there in 39 years ago and I've lived there, I'm one of the oldest members in the neighborhood and I've been witching what's been going on. I don't understand about:the interested in 'is they agreed -to a 40 foot height, I agree to that too'`aad l hive spoken to many 'of my neighbors who are also interested. ' The maltil thing we want' to • do is if they'll only put ten units' per. acre, larger 'units, thin ,600i%900 square -feet. In other words, thirteen, seventeen or eighteen hundred square feet, we're for it. We don't want to fight that because, we want to - keep' , $rickell Avenue ' as prestigious as it has always been and if they' 1l do that,' I don't care what -the zoning' classification it is, I just want them to = 1 out fewer and larger and more spacious units that will draw a better element,, there. If they putrin small units, eventually it's going to be a slum.'- 1 e — lived `in Miami 60 some.; odd years now.' As far as the 'northwesterly one foot, being.exempt from the zoning, I think that in my letter, I wrote that I'think that,'; it' would not be `fair to- the •neighborhood; - or especially it w6u3Ld hbtVbe`' fai-z _t' me if, in the ' future, they aver 'change the' zoning -on 'South" 'I - ID Avenue,.'I,'aould be 'restricted by that one foot. But besides:`that,-(in;,,:. .',.;... t _ researching, I understand there's a technicalviolation' of the City. ;:.t:=y4t -subdivision'- code' which_ _states' a lot cannot, be split by a, zoning' line..`. AU -,I,``_ :. can say".is, I'know you people, many of you have been here many,.. many, years:`_ and. I' know ,you "want to 'enhance' ,the City' of `Miami: --Brickell Avenue' 'being:2 one= of..:: ;..0 'our faost' prestigious streets, I agree with you `to do' that,' and` I: JUat, hop a the zoning will not 'be changed'where" we:' have `probl'ema: All =I've got` -tn e&_ y t apPreciate your coo eration. Mayor Suarez: Thank you. Mr. 'Sperling:` You re "welcome'. F ■ss Mayor' Suarez: You understand, of course, we cannot control the. configuration andthe number of units except by FAR so that's, the -only thing we can do.: - don Mr. Plummer:„', Excuse me,' Mr: Mayor, that's' not' true; we• can. do it.by ; covenaxt Thai 'caw ''voluntazilto.' ! y, - in their covenant,' agree to do whatever they,- want` do;- ::'•::` : ,:; : < :, or whatever we ask them to, do. The only question I've got, is.,this .covenant n � which` 1 `have before°me is only: for 30' ears and` I want' to ask eventuail the question, why only 30 years?' Mapor':.Suarez; ' The covenant doesn't speak, by tha,.wsy,`:to the"cgnfdguatiost' - _ :; y::,,.. .r:' i" i:,: , `n� is �v, •' _;}S`s'?;,s TM:'p.?k:."F., 2�'� f�4(:'•$.'�,y„i she square .footage of she':'unit ''or `anything,- dpass".it?>:' . ` ,...y g [�.°�,_ f ':iv 1 i• +' 't .:'i, y 1 , }' i,:': f `'fF �,•i?J,i%. :i p .mJ+.""ea' S,. 4w.�i it �y,-Ter, ?I y+ Mr, 'Plummer: ..No but' it can.. -:'.", 4-..r.:,`' 'i'": ,�' - -.. r,';-,••. "'.',:-..�`^- .:: Kt. ,5'. -.µµ �' 'cxi':'J"�'u'7as'4- Mr't. ;thesesLateshe #eiBkt r� g .1 � 'A- fJ Wt- "ail : a` .'� , =iu ccyehntttl>I-osn:;6ti •i►d; the,,. ., g y Y sXri, e` 1�1 /� ''4> ":T Ta�ip /�y►rric f�•' �.�:,. .��. - _ _� d1.,l`Ot � �R ''�fi::-V aT F. t-.: - 1`.i• w4 iv-, .J�� Ha M k •rr:• .N+ai 51 - y (.r 7va .a 1 .t �',F, , :' •"y' is f wamq i• s.}s 4 f r ,9. I -�;7z;:..:, „ r n ,_., ., .�.. a,.:+4.,.� a ...:;e...... j•'ai _...a .. _ ',.'�. ).:,.. .... ___ ..... ,:,-..,.,...- a ......i':.. � �.. ,...-.'N:'..`....... ::A ._.......t i.. .-e..,,>.u, `ae^i I%-+u...,._:.,-.s.Yra= - --- - - RMayi, .. 1 r:3:{�y-fie• -�, 5Y M Pdusrdo de Portuaat Yes. I Im Eduardo de Fortuna from briek6ll Plate . 666d miatum Association. ' Mayor Susreat Were you shorn in, sir, before? Mr. do. Fortuna: No 3,:.. Mayor.Suarett Madam City Clerk, would you administer the oath.. Yes,' sit,"You haven't been sworn In either? 44'R UNIDW*2f'11b SPIMMRt No. -' !Mayor Suarazi Please, both of you. °:•;4��� - AT._ THIS POINT THE CITY . 'C1.ERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10311 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. ; Mr. de Fortunat basically, I just here to say that we support the position of . the -Atlantis and the fact that we don't want more than-10 or 11-units in that site.., It might'create riot only_an esthetic problem, but a traffic problem:,4a tbai.oxit out there at-Brickell Place. and we urge you to keep, it on those. levels..,Thank you. Mayor, Suarez: Somebodymention traffic - I mean, parking before - they would only have a requirement of 1.2 per unit? Mr.. Olmedillot That, is the basic requirement.' You, may remember also that through a Class C, we may require something in excess of that. Mayor Suarez: Because 1.2 means that even assuming only one user of, a, car- per_, -, unit .that five people, every five apartments would have one visitor parking:" space, is what it sounds like to me. Mr.:miridilios That is correct. `t Mr. Plummer: :Well, there's also another problem that we've , got- its our-, code, Mr.. Mayor, and that is that a lot' of times these people when'-they-`sel, nits,: also__.sell a parking_ space. There is no requirement _th uat. says_whenYou.,'' buy,'a unit that you have to buy,a parking space. I tried to get that changed y,� a, couple of:.ypars ago,,making it. a{�x Mayor, Suarez: I've never seen. a declaration of. condominiums that doesn't ` °at require .at least one parking space per unit. •:4wt Mrs..Kennedy% Yes, I -agree. Mr.' Plutatieit ... that there is, no mandatory, in any- of it as far as un eretattd that. says: if the sell .the parkin s aces. Fore L13°'"rF (� , 9 y P 6: P had .a_,bQat• and ,wanted. ,to bu -an extra space., he,, can ,buy.: -sat;. There:;= it3 Ao' requirement..'. am I right? Y Mrs. Kennedy: But usually you have one parking space included. a Mr. lummeri. Usually, but, there .s.no requirement. '- Mr. Olmed lot. Throb h: zonin ou'. cannot =- re u te; that . but ' let '':.gee can:,coaetilt. with tha I.a ' De arttiient but. -through zonln ou camnot`;;'i�dd,r PB, Y t r t tft.i ,,; — « .. S a,. r`'n - t ra Plumt�ierc, icl : I!m °,.+�a iii hax .when a boo e¢ a y , y S _.: 1b.. at'.::;�t CQ19rf.o£rrrei�c in. rect,.a.coadomiaium`could have a hundred;units,and:`3i bitteiti .4rk ag'::a see.:-ixs',a�rulc{: ba ,:.m t' and -,snot:, mandatorliily uAEd rasa . �rlaas =exam a F,'tif. t at .. ,ae, I .recal =ahe .a�idresa.::iis a ..,E -,; ,�rh¢re �►ee p_iod...idii.'t b4!p thr arp s woes i►mdr:ai¢sre r ar�C nS .t f'•6 h '.- lP,gd... Q • u - P . R _ pq WE A,' AAQ tha park1t�41's +igs;i.i+it :empty. ;Aiu.::� t,istito ',•>ti y �l+R'ea!g4 �+}, E_ ,: - �.''. d t�' - - ..� r � . � �. ' :.M".r.✓ "s �� ..''•�': • :.H ^'.. 3 �..f.. "'l.Y:-f'' � r'SI` e i:.: ' �1: - h i _, y4 F 15 � f 4 .4 s: 1 ��,y 3' _`r'wt � ,?!T!! .#���,Ai,�� 1M .�lt�4� ��it}SlaF��i�;.e�l' b�*r♦�t�.'�;'�����. ��-_� - Iy OWL Mr. piume►er: You're saying they can sell a condominium that when they 6611 a UhLt, they have tb sell 1.2 spaces. :r Mr. Mig461.1: if they are auth6k1Z6d for that spatial allocation, they could: Mr. Pivdaeer:. No, that's not my point. is it possible, teehfticaliy, 0jil,lys _• ti t they eould sell'a unit and hot have to sell the parking apacei See..+'' Mr. Naxaellt Under the City regulations if you're saying under City F° regulations, if we have authorized them to have that allocation, then they — ' could mail it Arid we couldn't stop them from doing it. Mr. Plummer: You're not listening to me. Is it technically legal, and this is a'point we got into before, where it is mandatory to provide 1.2 spaces per unit that If they sell this parking spaces and sell the units, that a person conceivably can buy a unit without having to buy a parking space? Mr. Maxwell: I think not, sir. Mr. Plummer: Well, I think the determination before was, that there was no requirement in our code that said a person didn't have to have a space either allocated or buy and I remember the little old lady who came here who said, I don't own a car and I didn't buy a space. Mr. Maxwell: Commissioner, if you... `Mayor Suarez: Yes, but you're asking a question as to whether it would be ,lawful that includes state regulations of condominiums and so on. ,nr Mr. Plummer: Mr. Mayor, a simple question is... Mayor.Suarez:, Under our code. Mr. Plummer: ... if they buy a unit, is a parking 1.2 spaces allocated_to.,.... that'unity Mr. Bits: May I offer my answer -and... Mr. Plummer: No, you don't work for me. Mayor Suarezi. Well, no, it can never be 1.2 because you can't have poittt"_two :`4> - for a" `unit, so, obviously,, but-. i . Mr. Plummer: OK, that's the problem that we tried to change years ago and -the. _ Board of`Realiors went 'bananas. You know, they had to do it. :Mayor $uerers OK, sir. Mr. Litman: My name is Neil Litman, I represent the proposed purchaser,of this property,' Mrs.'Gandomi Nejad, that's G-a-n-d-o-m-i; Nejad, N-e-j-a-d. -Mr.`Plummer:` You didn't buy one, you didn't get one. Mr. " LitmaA: We `are ''not here, to object, we're simply interested,'partieas.: 1.: because we're the.,proposed purchasers but.. want "rs ait 'wait a' minute I a "Mr Pltucane �i , to ear this: h .:;.,. im, tiasteaiag, `we've `heard a' few face's Nhict daAot �mpearktQ r ` "w ' e , just offering what we see to be. ttie,.. ' us aAd .ao e r - - - �. F•: - - o��`Stitari�z; ��You `mean'�ee to tie` .- -pax„_:.%�' .S-3 Sn:T%:`;.,•_ " - tnuAi' No a nozeent9 �: - �.�s;.=•'�,' �nt t�r '•We� '9r:''.�ue�ce;� t , �a tc" =thin it 'r 3* 'v vZ. hQf.fj, :� �__ r,a � p- ax = w t S!' s o a because oLl u s a e. f .sf� +r��M' bag lcall• ' Oiz';' the,,.8�Ig4A'.,`! ta1Wl4' ` .1. r. <✓s h �.�� �-�� r= t - a t ate. 1.,,, qp� 'Rt — t"S . ,� • # i Q t ''� -K ,may . x 'i.. —... -. .V -: S: ,.�c,y;�, !°it'd','' .I'd E'�=h.'.R.F✓. :d T.'2Yat .. ,... ,- .. _. a. c.u. .. ...'A. _. f _ 2 _ - _ ^. .. .ri '. ..Ys" _ .:4 .t..10.,..r.,.4t`a_. �e`fum:4+K'eS. _ .3 M, Mr. Litmant I repressfit the proposed purchaser; Mfg, Oaftdftl N&JAd. Mr. Plummart I thought they said the name Was beat. Mr. Litmant That's why !'a up here. Because I don't think that anything 6hould-bs-tainted here by a misunderstanding at to who the purchaser is The purchaser, under the contract, in the woman I've named that is not the Mr% Andratai Vho they referred to hers. Mr. P111 Irs Well, then tell us who she is, that a the reason we have full disclosure. Mrt Litman: "with respect to what? Mr. Plummer: Well, who is she? I mean, is she a sole owner, In she a representative of a corporation? Mr., Litman: No, she is an individual who is a proposed purchaser on a contract for.purchase andsale onthis property. Mayor Suarez: Is there any contractual or other relationship between her and the owner of 2100? Mr. Litman: There's no contractual. There's a relationship, yes. Mayor Suarez: Which is? Mr. Litman: She's the wife. Mayor Suarems That helps. Mr. Litman: But I think it's important... (Laughter) Mr. Litman:, But the purchase is from separate assets and there's no rela..i. Mr.,Plummert You're speaking of today's condition where marriage doesn't -mean..." anything:. -any more. All -right, -go',ahead. 7, e Mr-.'. Litman: - I'm-onlytrying to, ,you- know,* correct what appeateid-toln "ii0 be the t - th' * ru 'A Mr. Plummer: So she goes by a different name. Mr. Litman: Yes, and she's purchasing as an individual with separate funds 40t'as "part:.. j Mr.'*Plummer: But she's related, she is married to Mr. Base? Mr. keiecoor:, Nasser Agre'esi. Mr. Litman: Yei; air, yes, Commission*er. Ma Or` Suaiiz:.,!,Abok, I think you-,w64ld agree -you -cannot blime'the vdfe�ldr`�O' sins",of the husband,;all *'r1ghiT That I W y-is nt.,her',, -I Im Just 4h one 0--,Vya, 14if name, -thtif- teie-husban4? U -1 Q d- f ok- h- ay0e M SUP,rez:, UtOdtbti.tte r-.:-,Otjkn -','UP A ei,women. lisee. 4J, w'as'go'1ng-,;to say, t Kpap d -goes anoth .0- yt, here, ev am ayor, uarex v —y"cam •'' Mr. <.Plutambri Why is She by a different name than her husbandt Mayor Suares: Because they want to go by different names. legal right to do so. t.. You , have every, Mrs.,Ifftnedy:. Because she chooses to do to as many women today. s Mr, .Piummere Well, wait-- a minute, wait a minute. The roan is trying .to answer, I'd like to hear what his answer is. What was your answer, sir? Mayor Suarazi Let me say this, J.L., if I may. Obviously, you can answer It if it doesn't trouble you in any way but, I mean, it isn't like there's any; - legal need -to have the same naive as your spouse that I'm aware of but, I .. mean... ;,�•f Mr. Plummer: Well, Mr: Mayor, excuse me, I think it needs, for clarification, the man is up here and in his statement is misleading. It is misleading trying to infer to this Commission that she is not a part of this other gentleman: So I think that statement,•in itself, needs a further defining or, in my estimation, your statement, sir, to this Commission is totally misleading. Mr.,:•Litman :; My statement. -was simply, that she is an individual, .she's purchasing -individually, he's... Mr. Plummer: That's fine, , she's still this man's .wife. and you're trying -to tell.us that he was wrong by saying this was a different individual. Mr. Litman: It is a different individual. Mr. Plummer:, Aw, come on, you're playing games with me. Mr. Litman: I'm . not.. - Mayor.,_Suarez: . OK, we'•ve'established.what..the relationship is. 4 Mr.,;t.Plummer:,.You're playing games, a',woman is going bq a'differenL name.:` _:: ,,: ,• Ma or Suarez: Do.you .need to"'',`•,..sa, q q know... , 'Mri Plummer:: I'm.' askin : the season why. Now ou don ! t v Y • ;: r. r" ;'' '_"� 6 Y•.. � :Y ha e•'ao•anewer;,that_.., Mayor:;Suarez: ,":Commission.:. } Mr. Litman: . I'm not hiding. A • .:' s -. - - • Z fir, Mayor Suarez: Yes, that's all I'wanted to tell him.,He doesn't have to:, answer;{but -if he, wants' to, ";you can .tell him -why .you have,; a: different•.Anne; air., UNIDENTIFIED SPEAKER: Yes air. _uf; Ma or': Suar z - I may }' r: q, o : t be, religious for, all we. know,'. I, don.'t� Mr -,.Alex: R.•.::Ksshon,i :Weli,,.",sir,it!s not -religious in any way. h.lvauld'. say,.,. to the..beet • of my.... kits:'-Gadomi Nejad herself, : Andreai, .she hail ;`h�iar own• ' px�iv�t4,, iAtexests; is fiom. her husband,: You know,.,'.she'e;•the Vi fe ".,� °�r'?��� ®?, not a ;slays of her husband.'; According to anything she'.'- has,- indiytdu�tl .t: i' nd Py ;y din - s#}e' •'purchase: -is 400 uoll,y when .' the hu • - - Y • i i # t 8 sband:..wssii'_:t': evaz: The, husband: Was, on `a.::trip'. According `her: owu intereata shoe purh'es;;t"s n y'; " F —. ` t poperti:w air'. :It':o ttrupl,that" ",tie,!: married to thatentleman, o ri ndivi ual.as ,liar:. w i d intarest as a. person. - ' •}�-., ,•"� � �`.��r�•�;�,'��, =,. . ' • _, r t' «yam = x+4 `•i _^:+'�7;s^r>, �.�;% �•4'r +;l<'F� h `V: ail'. �•, t'. •> tf, _ '. �'J':1. Y.. F?.'"iC,' ?i``<S h� _ , C .`h j', `:i ,i : G. : i '` H' :ia . �e,. •tr,� s_s.. _ -1P, ,•r: .e � .Nr t } I•u�na w ���� - t T i s m eation'•=if'��, u�:wo .. ,.; Y X, t1 tl n� f r. h .�� o �A'. n �r• -j yg -��'`�'_, .-Q" +� .g~,h,e�; �. ,x 4 >�i, „"�,t�,. •>psit`'� su•�a ;,_:•�_ iF i t F �s��C1���, ke uub''_ .i a ,t La's c :., • '�iii e `Tn - �: t':f [ +r- ,,t.' : t 1. •v.t r. - i. w - :p• . !i�•:... ... __ .. .._ ..".. i,.f �'_.__. v... .... n. ._ _ i ''.1'�' ,_... ._ , ... .. .. .. .. . . .. ......n-•�k'ct, ... ...-,a.�{,.i .ri[?tii��.�a .. r?• �J'Y } lteshani: Sirs she,**' using her maiden naive in . this . case there has, #eo ' - ifi►teilti:n, :bi... '`t;- �tey�or .luaiters She used her eeaiden name. fir. Kaiehani: :.:- ` dsteption, nothing whatsoever. At the tires that thief, z r; contract was entered into... 'r Mayor: Suart:z: Let tie tell you something, My wife wanted to keep her maid6t name when she married me and she did. Mr. Plummer: But she didn't trust you. Mayor Suaress but we're both Suarez, so, you know, what the hell? r. Mr. Plummer: Yes, right.- (Laughter) Mayor Suarez: That would have really been confusing here today. Mr. Plummer: Suarez, Suarez and"Suarez. w, Mayor -Suarez::. I:,kept my,name and it's Suarez and it's not his name and he's f,r Suarez. Anyhow, anything else, air? _ Mr. Litman: Yes. And, again, we were not trying to mislead the Commission.. It was simply that we; ', don't think that she should .be prejudiced or aided ;by rt: — what he's done in another -place. The,second.thing.'is that... Mayor ,,Suarez:. The- sins, of the husband will. not be -visited. on the„wtfn, ,We: established that. All right.' Mr. Litman: ; ;.Thank you. .-The second thing is that it has been our, intent:loa;.':' prior to entering,,into the contract and what we would . like to construct rqn • :5;,_-;<<;_;: this) site, -ia-twenty ;:units.'. There has:been, some 'queationittg,as .to hour many r units were intended. If we're allowed,, through Planning and.'Zoning to get' Y} t:lass;C,permit and4put.,up 20 units, that is clearly our intention.'!;$ Nayor.Suarez: OKy that .wws-.going, ,to be. my final question. Hopefully, we< can;'.- et on with this... Can we at that 8 . , point, .:itt accordance with tons iderations..and ;concerns expressed:=:here *including those .'of' the, objsctors;;;_`•.I 'lydArY5r+ can -we- at"the point of this - what is it, the, Class C permit? prettq cootiol. the-'number;of units? Mr.-, Olmedi 'lo:, 1 :,The Class. C we 'wit ^;, the`' cannot issue any more and it' is.Awithin' in or .the district. Mayor` Suarez: Oh, I know that we cannot go any more, but, can we go -a Y,less?. Mr. Olmedillo: - f . We can go we can go: less, certainly,'. but- you... Mayor,. Suarers As much as we want? We, can. saywe like these units, ,.to be :zio less than. 1200 : square feet or noless .,than 1700 or .whatever? $odriguers :Well; you, have. to have �►. reason.:. for, it.�; mayor't Sua =.. ems Ah�r Mr. e�lmedillo: Through a -quick calculation.'.144 . _ . Mayor: Suarez"u AlwaY-s problem, erosn y-{ ice' 1'�f' - `,.3' =f �-a h �3 =�-„' a z. '! S . ,. ^e •, 3;pF;.... ::,: I in ��: b t ` - ^.'4. Y'S .4',:: -S t:,.P.A .it �f �F '..1.:..1:� ♦l, ...?- .r�5 ':��'. �'v t. `� _ ,r, �:.���i,.�t �'_• t.:: �a u iti�°� ,.�':;xhat�:lot':�tioda-:�•'-:;'�;.. 1i rZ. , - 1 .M�F .... .. - ,MavQxer..Suarez:i�. -Ve l�l:. r•.-: 'tis.• mAgR- �"!f ..`i[��R' .i1�L.in�a. rw F'�?%.b i.Y �;.+, wl1 i'�-w a.t�.r�'..r �L•. �. They ean rbtrir it vd1utitatily t6 you and 16 W fti eat, aria loos i you ein't tritit stsres Mrs. kefin-odyt (tight. W. '1'1t0*66ri Well* = let see 'Ask a question. Mr. beteov, 6t the property boaft the owner of that property? Nei, bere6wt' Several months, Mr. Plumeft Several months? Mr. berebwt Yes, give - It 111 bt' O&A bf how long' is t 6VAi&, You Al Mr. Pluma6rt OK, and what was his purchase price? Mr#-Sercowt I don"t know, I think he bought It for approximately asseablid valuee Me* Plummer: And it he's present, could he come to the mike'and so express?',' Mr. Sercows He needs to.be sworn in. Me, Plummer: Would you swear -in the...' AT" THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Mr.' Plummer": You've owned this property appt6xiiimatily a couple of !mo'�nthj leg' a ihah. a'year? c:- Mk"'Paul Sadov'ski Yes air. Mr. Plummer: And what was your purchase r lea? Mie'-sa, dovski: $385,000. Mr. PlUb&er: a Wh t I*' YoUrcontract'to='Oell? V ntract-,price�-: a '$58W 000' !E ter: Plu:anier:.!thank, you.m y`Yes, he, OK you ':didn't` idifitif yourself but through the record,it shows that. you are ,the- owner' and. I called'; fdr the gentleman by'.that, natisi Ekciiiime� Mee Most Coi6iss joner' Plummer.'. Mr; P16m6dxt I ft,gorry, would you, sir,'Mr., Sad6viki, is Mr., SadoVski: Yes air. Mr., Plummer: f jr leg' _d o alpurpo440 state your nam6,4nd'',al dress, �ploase rsr Sadoskit Certainly, 'my name In, 1aul $4' ddr a ago- a Alberon Tampai.�Florida.' Sirest, nof,, TampaT as. ... ...... 5,J; Awn ;17,i!j' ustnt:.:'two �4ecoAdx'-i;td:..`�'4ukkl pi�l 060m is a I un' C Commission, The disclosure form that's hart of the file for this. applicant elsatly ststoi4 contract to purehasei Nassar Adresi, and I have before -twit top.* of that disclosure form from the file and 3 think the Commissioners should take into consideration the entire complexion of What to going on here ifid if anyor►s wishes to see it, I have it here before me, Mr. Plummer: tea, let me see it because it's not part of toy file. I'm sotryi It is part of my file. Sir - well, no, the disclosure form which is before. use.. Mr. Olmedillo: Page 13 of the packet. Mr. Plummer,- Yes. Mr. Bsrcow: Can I try to explain that, J.L.? Mr, Plummer: Yes, but wait - whoa, whoa, whoa. Legally, this application is not legally before us. This information is not correct accordingto this gentleman. Now, you knowi we're either going to have some truth around here or we're not. Now, if this application before us says that this gentleman is the contract to purchase and this gentleman here is otating that that's not true, then this application before us is not proper. Now, I'm asking for the io City Attorney to make a ruling. Mayor Suarez: OK, what the City Attorney's saying is that the applicant is the one that has to be absolutely on record with the correct information so, counselor, which is the correct information on your, record, with the correct information or not? Mr. Bercow: We were not the attorneys for the applicant at the time .of _ filing. Apparently,' they were under -the impression that Mr.` Adresi was,.in fact ,". the- °party purchasing - the property at. that. time: I learned yesterday from my associate who spoke to Mr. Litman that, in fact, the contract which fs executed -by Mr. Adresi's wife, has never been assigned, although there was: rU• documentation in the file that made it appear to us that it had been signed,-;:. If, '1t!s .a: mistake, it's an honest mistake. I corrected on the record,::.; I' submit to ou'that in fact Mr. Adresi may be the real _ Y f , Y party, in.interest' = - here Mr. Plummery Well, you know, here we go again... Mr:_. Bercow; 'mistake,* If =: it s . a: .we: can on-: the record. Mr. Plummer: This man says •that's not true:. .s; ® Litman: I have the o Mre original contract' in my hand. ":`:rs• c s Then, on the record... Mr: Plummer: They well, know, this photostat idbad, .• f �aua, ,. , yoosas so .. damn bad,, I c t_-_. ;: tell the dates of this one. Does anybody.have .the original of this thirteen ,''' Mayor Suarez: Commissioners and counselor, I might suggest that we .defer: until ,.the...:applicant, and his . purchaser ,get their act together, ;because otherwise , you're going to be possibly losing on procedural grounds: think_.that we ought. to'. ;rule', you know,- we ought: -to- decide. ;Mr. 'Bercow: :I!d :like a ruling fr the 0 e attorney whether we ,can garr'eat' on : the • record • a- ' •''d'{'ate.=,..r.,a: .'s Mr' Maxwell: x wouldagreewith the :Mayor in this pa�rticulep'• ip$taac4R ahoiiid: •be:.eieared' :up.. :the' Commission,.aats om.'=i.t' ,. •' �� ,.s"< C+ •. 4 .Y.r .`. _ Nr�y :Pi • ors -iiei t. �,.' As 41" uiam� �,:.i eat�fto '.ba.es !>The� YdQsumeat •�;,b'r aa:.:e-�,�; psi-.: .rdt. f"r . ry ,' rYi-T '1^ i'rr Ft' -ry f L r1 r •r: x'F . x' R} . F. -. f. • - •�' Vie,; ..-oI'.cth s.8601 nia !�l A, '<c 3 ' s s:- - C'r F .t T _ ='-mac_•' , 7 ! fs4' ^nYt T MM} « M ^ Y• " x Y . _ K..S,z • {{ 4. t Gr '.•rj C e i —4 ,y • s Z• L' 6' yr .; n-is .: •: a .,.-i . ,::.: ,.., u,r.. '.-.. v, .-:.'..,` . r _ .. -. - _. r : r .. , , . ... r , "-.: y: <:t. bn .,r �,L}':em 3 w'iF,tS.V, i . ---..�—;; .., ,=ur;i.::F:'•:ra;L)i,.�'�_$„�'�• ;t,;1L,;ti"'�;3•iu��; ,n� 4 ..; ..F,.^'-r. -�• �}.. Mr. pluttmnert .I'll trove that the matter be Mr. Maybri I have no problem utth _ hearing .'this this afternoon but I think that which is before us, for ue to make bur- Mote on.. - Mayor•Euarezt•'- Mall, no, but..I was thinking of deferral because then .the .= application ought to come in with the proper and advertised with the ptoper.i. Mr. bawkinst tither it's proper or it's not proper. Mr. Plummort Exactly. - Mayor Suarazi ... purchaser. And I think that you'll come in in a better, posture, counselor, and... Mr. Plummert,_The only thing, if you're going to defer it toanother meeting, The only thing that I was in question because this Commission got into one hell' of'• a hassle on Brickell Avenue vas about satellite dishes. Mr.... you _ remember? That I don't see anything in here in this covenant that says that we're not going to,get back into that hassle again. Mayor Suarat:: I.have no idea. Mr. Do_Yurre: Satellite dishes. Mr._ Rodriguers' Class C. Mr..'Plummers Huh?. Mr. Rodriguez: We deal'with that through Class C. Mr; Plummer: .Let me 'ask another question. Within 'a Class C approval.of a permit, can you change a covenant without this Commission's approval? Mr. Olmedillo: No. Mr. Plummer: Thank you. Mr. Rodriguez: One issue that might be important in your'decision whether::to ..1„ defer; ar..to table - this item is that if you were .to make a decision, .maybe., gou:r :t` t °r;;r"tir.:_a, can :ask your Law Department as to whether you had the propex ..information`: before. -:you. Ifthe information's not ' correct, doesn't it have to go : through the:. whole process again and go through zoning and everything? r, thshw Mr. ;Dawkins:, For the low rent housing,'what's the:.-square,footage usually for- ` MEN: apartments? 'Mr'. OU20di1lo:'' Excuse -me, 1--didn't hear the complete, question, I'm sorry. .': ', - :`,::' :;''r;;{;;k'•; �Mr. 'Dawkins: All. right, in for federal' subsidized low. income rental homes,,_ ;zt what is_the footage per unit? is Mayor. Suarez: A minimum one bedroom, more or .less_? Does anybody remember?' '"<4r,•, Mr: Olmedillov 1',think. it's about five -forty; :Five -fifty';> around: that. Mr. Dawkins: Five -fifty.' All right, and for two bedroom?. Mr..Litma—Six-fifty. n:. f tYy Mr. Olmedilloz Yes:six-fi fty.. ,That is correct.' t, ,•t ;r�� f -y4e C A.: tt _ a _ l .fifty;:-`A7:i`t,.xl ht� •o�' .no40 =�.�'``. ick�ll.,fiA,v, �ntae:° uld ":ben e• ., Y4A.! , i- S E s - s4, � � u � •i " o -.,,, . _ .,:' ', :.;-.". teoro�.,�►r+s;;:_rre�faikR � +ibput :->takia�, ,;,the:= t3i.nes f hens:" -a. kr 6� 6 p b pirtt�etg? T�tt •; miitsimv�m pg'reayiug� t z. •1a... +3.t$ ., ^ - 4 a, . e. d �. � ►'- .h —Y•'. _ '�' _ - '`t..`: • Y= - _ - - - . I.. -, 1. , as r t , +•x lh K _ .. r,. — r f z <., N d S .i'Itr �ai%]Ci!:i0'e:c- 'Fei.tom:<ena"'t�w�li*nenni..:.��•�i _¢. 5�,., ._ ,.r��:,_..,..,.,g..- ._x...e � 'w, .ape �- - — �„ y3 JR� MrI6Olmbdillw No, it's got to be in the Sverige, They have to come outi the ten unit'$ *Wald, hav►e ' to -COMM but to a thousand square feet'. 'There is a Nini auit they have to comply with. But in the.. . Mr. Dawkins What is the minimum? . Mr. Olmediilos The five -fifty. Mr. bawkiess Five -fifty on Brickell Avenue? Y.F. Mr, Olmodillot But then, there we go into the conditions. The c6hditiofti F: hive to be proffered voluntarily by the applicant. Mr. Dawkins 'OK, IIII Iask my other question that I ask constantly and I'cin never get art answer. How do you park 2 automobiles in 1.2 parking spaces? Mr. Plummers It's called customized by crunch. Mr. Dawkines Beg your pardon? How do you do that? Mr.-Olmedilla: There's'no way you can do that. — Mr. Dawkins: Well, why 'do we permit this fallacy or this fraud to come is here knowing damn_ well you can't put two automobiles in 1.5 parking spaces and tlimost'aeerybody has two cars. Mayor 5uaret: 'Well, I guess,'yes... Mr. Dawkins ... and even if' they don't have two cars,• the 'people that 'is ,5 visiting them " have to have some place to park. And if you've got 40 units I'm just -saying 40 units - you got... Mr:,r=-Olmedillot Forty-eight,48 parking spaces. Mr: Dawkins: .:: one-half xof forty. Huh? Mr.-.Olmedilloe Forty-eight 'parking- spaces Mri Dawk nss . i • Forty-eight. 'Mr. Olmedillos Right PJ ram; i,{, j off.'..' ((•}2y Mr. " Plummer: Commissioner Dawkins, before you _got on. this Commission, to .raise' that, to, two 'parking `spaces,- per' unit plus 10 percent' for `visitor . n parking. ._ Mr. Dawkinst Well, what do you have to do .. y to get that. !',s, �. Mr. Plummort It • didn't Mr-� - Dauklnss pass -a° 6solution ° or take it to the 'troters' or what? ;�; -;; Mr.Piummars No► 'a11 you 'got , to do'- is' just- send it`tothe' Zoning =Department +P f and! have:, them °' do a ` study ; and •take 'it - through the procedures and bring it'back`,.::';"`:v` up. here.'AFF Mir. =Rodtigues Mr i'lutmaers' Yo fer.-'thatz iaotion, :I li -second it; again. u of t7 - - •(. 'i'.�r'' t. .)t:t.', af'-: k"�_'�.! �l:d"�'s .'i�''v=.,.b-...,. :i- 1 r Dawktxie = Yes sac: ~v `t - x v' ,LL t1i$°: admini$tra�i.oa d�i<;irbat - _ +�' . bA •,:,'`fie tt�e 'rf,�._.,; .' ;.: :,iuir�►';;�omrdissonets dcol� esa'h �,: 8�int�xw- t r,- �4uy:'ht�.to put one; Put two ve ' 04 v: S li a ea='=ir ` kt•`'1 ''v''{'}:`_ iii. f:' ' Y,'Icr.. `}'"•� tS-+>"i+Y r! -,..moo,:. ,: •. .. 4 ' y /Q r.I4st'n I Koan. t.."�0.. t;f o' l F - a+: i A' i a d d $" ��.. :.� .x� 'tit'- •}�x• ! B .F'sS s 1 f-: �i. y je>• fie-' b3 - ��+=-w abstsslft, basically►, that you're going to have one per uhit and thb& bet for svaty tree ipifUlObts tot visitors or whatever, that's what they have. Mir. Pluvmer: tin, no, no, see, that's the fallacy... Mayor Suaross Well, that's the assumption, it doesn't.:. Mr.. Pluafsers and It you go along that Brickell Avenue, you see a lot of = people parking on the median. Mr. Dawkins My Motion stands what it is, Mr. Mayor. Cali the motion acid ; A vote on it. Let's vote it up or vote it down. Mr. Plummers Let me ask a question, if you're making the... {' Mayor Suarazs Well, as stated, the motion... Mr. Plummer: Go ahead. a- Mayor Suarez: As stated, the motion was that planning study, how we can avoid .. ever requiring'any partial parking spaces. Mr. Dawkins: That's right, full... Mr. Olmedillo: Fractions, fractions of a parking space. '-`- Mayor Suarez: Which I can't vote for. Mr. Plummer: Well, I can vote - I can't second that motion. Under - discussion, Mr. Mayor. I could vote... - Mayor Suarez: Yes, maybe you can convince him to change the motion. I don't know. Mr. Plummer: All 'right, I' could vote that the Planning Department-instYgate `; _'_ the : proper procedure that requires two q parking spaces per. unit::: and;;;a":`:<<<<-.: percentage'=above that,for visitor' parking.... f; t Mr Rodr3 uez: ' You . in lu % ;;:f;,.:,:::.; g c din efficiencies? ,,pa -Mr. Plummeri -..Units. If ou- o effit: Y g t . an.:iency' and .you :got two'.people',,`1'iviig. there;= the` potential is you're going to have two cars,. , s> Mayon. Suarez: Why don't you, sowe can -vote' "for it, and .get them'':movinq oA. .:.. -it, let them come back with a recommendation. Because Iim''n t`::going:'•to'_vote: ,,aryl for two minimum:. ' There,,- may. be' -areas where people" '.asrinot:; afford ` to , be paying.;. �'• for two units per:..' a�. Mr. Plummer: : Mr. 'Mayer, is it was:.: Mayor Suarez': Nov, Brfckell may riot• be� one -of those `$real but' '.r A. . . .- �'s Mr. Plummets As it was before,_ it exempted low moderate* income housiag,:ctr governmental''subsidized housing. It did... -.Mr. Dasrkias: Most low income people, don't` have no.,cara.. 'So: you :..don �.t•..haip`.to:��rn='•'_�`.:<,;,`:�'��k�.� ® woriry. . about them parking. • Most "of="them:' ells' Comiss loner ' that • a the** -Mayor Suarez`s: e` , The- ,requirs3 .two 'park s ces er unit= ' g`'rr P B `, P+� P if ,'they re - not going• •.: to;,; #eve tta `u, -because theA' .it uat= co is j f, a � more* to have the unit.' `and then par. kiug.:spot. s M to I iRr a ..yy4'%t�t s •� - _ . - Mtn r � �, r� � �b'?i%d 1F�♦R`-iiiie d" -:• J,Sot f- t- y. - i you live ,;:qA Bris:kell tRN t' Le k fn i1K 6. e.. o, you would like' to:'ua�! �•ii <.,K ,:5�:;.s. x4��;.�'� — s y. TyA�♦r /� p y�...� ,f: :.$—F-C<Y'—.. .-Air :'i'v:._'i:iF 1'rti4f�"+StN,: -•!ill A'. t1hS •,�: i. mkt . M �;�,;� 1'• .4; L�• z - n'6 ;Ti , . - - , :� . 4 - - "''-iz'. -(:"_` 4.�._ 5.7:..,•F';i.'' .-z'., �'�'fYer:t�n t.�.•:. � - -1....-.e .-- , - -✓'. rY'. . .. .: ..i t.- JI .- -,- r ,. -:. - .-t. -r - , ._ .. .... ..... .- rn,s� r-Fa'� v3� . _ J _ ffi' r- j�-,z4"J i 1^y:;d' • �''..�• A.y,. _'� c�7t�!«,�Y�»_.'"t).•ry:e�:�=.�r.�� {,'x•+_-• � ,*�.s,• �:'Sy5!kf.r€Y��'�;"� � - _ � _:'. �,i:��:�' F N; `�•rE�jr� Mr. ftodriguet:; You would like us to come back with a recom sndatL6h for = parking requLkOffisnts for residential units. Mr. plummert Including visitor parking. Mr. #todrigues: Including visitor parking and to Corse back to this Commitilloa with that. Mayor,Suarest- And I keep hearing that.' we_- may be a little low in the knows at loxat as to Brickell. Mr. Plummert Yea. from the Commissioners,'I think, requirements. Maybe a lot low, Mayor.Suarast Is that a fair statement? Mr. Dawkinst If he makes a motion] I'll second -it. Mr. Plummer: I'll make that motion. Mr. Dawkins: Well make it so that I know that you're going to vote with me. I second it. Mrs. Kennedyt OK, still under discussion, can we get the... Mr. Plummer: And you need to third it. — Mrs. -Kennedy: affidavit, the original affidavit .with -the dates, we cannot read:.. Mayor Suarez: Can we just vote on this thing real quick? Mrs. Kennedyt ... what this one gays? You don't have it? , y°a Mr. Litman: Commissioner Kennedy... :. Mr, .,Rodriguez: different, we''re parking,now. .-' l or,Suarez: Call, the, 'roll, on. the motion , lease. .. <-•;,: _ �e,<�:i� '�fr��..-��n� .The following motion was -.introduced by Ccmmigsioper Plummer. t<vhc'smovsd `:: t it,a ;adoption: , 1 MOTION N0. 89.-470 _ A, MOTION ' INSTRUCTING , THE ' ADMINISTRATION:,, TO : STUDY:. THE; FEASIBILITY OF, REQUIRING, CITYWIDE, TWO PARKING SPACES PER RESIDENTIAL UNIT IN MULTIPLE FAMILY STRUCTURES AND +W;: A :PERCENTAGE- ABOVE THAT FOR ;VISITOR- PARKING —EUMPTING: :, .>' •: k LOW'. AND MODERATE: INCOME HOUSING OR ANY GOVERNMENT- SUBSIDIZED HOUSING PROJECT; FURTHER REQUESTING THE MANAGER'TO-COME BACK WITH A RECOMMENDATION. Upon being: seconded b Commissio a y n r Dawkins, ,the motion ,was passed: °aiad adopted by the ' following vote: 1Y$ -•;Comis Loner- arJ _ L .• Pluan►arj -" Jr. , , 4•YI'i,}'.,.:•,GtAmi aiaAer. oilier, aw3 �:=.,1�.�,4�-:. �.e',V,S�q ^S�'M1tI-..„. ar.a:,,t•:. r...-(•_�Y.: .?:+rt•4'�ISelr .,t.�4., ,.,;.4_ aidsioneic Rosezi Ken lied — R f . . .7:d.C,':•' t'ti' :a'+� - ��i.'s";'f�%I:.• .,�� r,�6rw. -,,May , r: ictatc; e::;Yurr ... ', 4�'; gt• ,, - - 11 •.jam <<: t,� n_ ,fix... _ ; ..:�, • �. < Y rr ; t Cis '•i,r.f _ r "•z •i"` ra " Y d N0pp , n. one. .=- pe g a - :.1- 4 . :. . S.E. •t' - Y 4, y G rrM1 n - F +., 1. .. <{ - i J' a -Ix �.s as 7 ti � �8, r'r 4•, r .t a: f?. Jn IT 6 : S tG ie•F i1 K.:. ttrJ- "' (,W ,li .' 1 F: `�► aa..bior` 'h a S#r rINC�//�++ w * },• +" ;����.�;i::. �•'$.Ar#i��;; 7��!�dM�.�kti� �. Y. ,l�s -, t a`, 5 I x �_yt.'':',LLt :-''�:Y. •I ����.�:1.. �...��._ �.___ �--_- ___ .. .. • ... - _ _ s. _. �_..... ,'.i"_`� iYiN'+5 .4ta.S.'•... ^.'l.s.�•�SIJ•t; Ylv ... . gy+vr . ;_., .: ... — _. _._ . .: t.ta.5_c.s.-a a„''`4``a '-_a:i�'s,m:(.:.Tr::^_,�rF�:' ,yip"-j�.i•'i.u,T:+�,.o�#�S ";.t: y.k,�,:a�. -_ t I - � FY Mr. Dawkins.: If it's legal or not? ' {Nk lr� - Mayor bu�rest ... yea and is it even a requirement that they list the ?'<. purchaear.ar notfi Mr. DavkInet Tani, !full disclosure. =;> Mr. Mawoll: Yes, air, .your disclosure requirements require that all parties ^7 with interests disclose. and it they have a contract, that's an interest in the 4.'= propertq. Vic, Mayor Suarez: OK, Commissioner, you were going to ask another question about. Mr. liss: .Mr. Mayor... Mr. bere6vt Mr. Ma or, let me... Mickey, you've had y y your chance. Mr. Pluimmers well, excuse me, I was going to make a statement, Mr. Mayor... Mr. D aw►kins: _- . Mr. Mayor, we •ve been on this.... Mayor,Suarers Yes, yes. = Mr. Dawkins: ....you, know we've been on this two hours Mr. Plummer: ,.. that I didn't think that it had to go back through the entire 'process because that discrepancy doesn't relate to zoning. It only },3 relates to, ownership and I think that can be clarified without having to go back through zoning. Mr. Maxwell: That's correct, sir. Mayor Suarers Absolutely. r{ r.. )1 Mr. Bercow: _ .J.L., let me. clarify something' and I think we being mislead.:`::_ We' have, _ .7 a. Tatter in `our file I've given a co of it - 8 PY to Mr. Maxwell` �vhiol :• ;1'Yn r i that :.the; ndicates; former: attorne for. Y Mr...: Sadoski,. had. _rece.ived ',an'_ hescrow deposit. Troia: Mr.,, Nasear.. Adresi. ' eL It s- a :1 ter to. Mr. 'Adre`esi-cknowla cs "t` The, purpose, 3.:..: r¢ p ,, purpoa your disclosure.. lava .is r-to� find :out ih` = Par— es" ;;interest 'are . so that t here areV no .,shenani fans and :I 'subsnit',.:to b that,the application, as filed icorrect Mr xN,"a .. , .. -... . s _ .. assar;,Ad-resit. Mt; "Plummer: Jeff, that's not the question. And 'that would' have not -.come:`:.,..- Ant o.,question. I don It know,, Mr, Abees,i,, .whoever he is,, God. bless 'him:: $qt: -_ When - this other, `gentleman gets up here and says, that's .not true, . is when : it;' r.:^t�=• triggered. Mr:-' Sercowe Hoio do sae clarify• it 'then?. We're going. to say .it's :Mr. �Adresi, he's going.. to say it's Mr, Adresi's. wife, t v�u Mr. Litmans _ 'I've got the contract, dies: Counse3l, may... if I'.; ; ;:•, counsel, since I m the... M �,r•,.€ . _ .1: '- .• _ _ - - trk.': tits �'a, C�:-" Ma' Qr .�.._ S ca-rezi .1, Waitaminute wait,a minute, ds the'`aPPpica t. ;,. ;'Yc►is `.%a4t#►te�ti::r::_: �'>��d.��.�->: purpose ia' to know the, seal party. in intereast:..It has; occuxtod:o;.<f ns< 4 r s#gR t�is ' t { ,he4rin' D in'iAtereaesy..be Asg,.Jeff, hat .thi real PartYwhoa,an ass6nee0A't yOu w, !PlA4R9 ilt�' �+ think' it would behoova •'your: clieint•;tW sfe_;a off':tbip. itam }a[Q .tt}+at.,we kAow soxt Lima from, t{.e /� ,«=` matter 'is advertised` to themoment' ' t > z5 `t# } t tha !t s heard, ,tha it i nr°ss -- .t t { ~ti .7 .� �, y. - _ `34H ':z: - .3•-` is i i� - a `i ;., �' orb:r r � P :•::..'. y a f� +y �' - , •'�,y�,�,. •`:�Ax, - W �r , a - �4a,rc•4 - .� '�" ^- - 4:''' ..d,- far^:�.- K� d' �,`• - <�i!Y: .����'+����. "�o�''that' �a`•neiv�� - :,, %3'=-'dS=:i - +•,6' .+x..+ - - 'ir.. .�„ '�. ;�3E�. r, sa i t 'x — T— aR Y "" Si''c'• s " i 9 , L - y, rr 1 }.(rr.-• ,—. •.. ,,e.'r ,- ,. r.: •':'= • .. .i .r -. '',• — '.� . , _ - �',5'• , �: Fi xr ..' - .._ '1PYC,..tii?- - _ VA A xl Uri 36reows Well, I think that that's the reason that halt tint Ntht Ilumber, 1*6u66 %6j to this not si"let Vould-thii Mr: Lithmt Let no get in hofb. Mayor Suarest Going to atop the deal between a husband and a wife or,.., Mt. Plumbrt Would Mr. Sadovski come up'to the microphone again, please? Mayor Suaratt Oh, I'm really confused now. Mr. Sadovski: I just wanted to say, I'm not trying to confuse anything, Mr. Plummert Mr. Sadovski... Mayor Suarez: Wait, wait, wait, wait... Mr— Plum&6rt you are the owner of the property. Who do you have a. contract to sell for? Mt. 'Sadovski: I believe that the contract...* Mr. Plummert Wait wait a minute. You believe? Mrs. Kennedy: It is in the contract. Mr. Sadovski: Well, I don't have the contract in front of me. Mr. Plummer: You're the owner. You have not signed documents? Mayor Suarez: Yes, but he's not sure as to the entity. What do ypu.,believe;: nd finish your statement. 7 and sir? Mrs. Ke"edyi :No* he a �oconfused.i Mki gaa6vik 1i Mir. `Commissioner,` the party' that.. 1 4 616giz4i �fbr'l p not pronounce' t e that�*r' being-� able -to 'h gave, t was .understan -name - Mr Adreaf, that that, in fact, was the,vife-ofend that r andding he vw ira"9 out -of the and 'that was the reason that,:46i..."",-,, _ ve I in . -executed the 'contract because there was a certain period:of time. And,-,I,Ith .that v' 'teferktd... Mr. Plummer: Who did you sigh the contract with? Mr. Sadovski: . I think I said the woman whose name Mr. Litman mentioned, *4.tc I am not able t6'pronounce -because my. Mr. -Plummer: :-Then why 4id you put the mania 'name 'AnT Uri Sadovskit If that was filed, that was an erroneous filing. Certainly hbt.11: an intent ''to mislead., Mr. BLOB: Commissioner Plummer, if I. may just put my 1aat%_vord. in opposition and I - think I. Mayor Suarez:"'N* na'; no no. Mr.:, Use: V I -would ._b6 as Shia :mo s ever n': _ytb'k*x,-,we _`:discuasit for. a out� 44sure a V - "R a U, pC a that 9? P ace"I"aft.01 use -4a-. BOX, V 0 F 7 r*44itain" ii, Von "Z_ , 1. - NT Oil V t 11 *1 Goo0jo, MIN AW Mt. Wast, Mr, Mayor 'and Coamlabi6aers, 1. Mayor Suartst. Wait to that motion, wait a minute. Do we have a 66e. . . . . . . . . . . 6nd? ........... Mrs.- - ke nnedy t Seconded,, And Is that a deferral till theneatthe at Ing -'6t until this Afternoon, table it until this afternoon? Mayor Suarots No, otherwise it would be a table. No, It would have to be deterred till the next planning and zoning agenda. Mrs. Kennedy: Deferred to OK. Mr,..,-RodrLgu6zt June 22nd. Mr. Blest May the opposition say one last word about the deferral, please-? Obviously, it's with your last word to make your decision. Mayor Suarezi Except that you're obviously against the deferral be cause you'd like it -to be knocked down today, I mean... J, Mr. Bloat. I think -enough of a mockery has gone,on and it's unfa r and taxing" J,mx, upon the community -to let them.cleanup their act. If you 'don't *like the way it, ,smel Is .,- and sounds and they played, these games- of deception,1:"think you: should rathet do A fairer service. -to the community and deny their application.:: Why give them an opportunity to gobatk,.clean up their act. i We have to start at square --one. We 'have to expend money, we have to come down to a zoning hearing, come before you again... Mr. Plummer: No, -no, no, no, that's... Mr. Bloat! Just deny-the:application. I think there's 'enough gro4nds No, no, you're 'incorrect, air . .-Thei -Clty�,Attd "Lle Mr.,'..Plummeri rney:, ha's come,., qnly�`,thing;, they.' re going to -do is -clean �"u on# the,, p the-"applicati NotAhrough th back directly to,us e other: process.: HRyQrtr .S"rez:,- that it means you"have'to,co"m 'I Tfi at happens.more' often than we'd like. OK, call the roll on the motion. 5, f It's. better': than soaps. Mr. Plummer: '. K NO 1F L The.. following motion was = introduced, by - Commis Plumm" ved',. Commissioner' R" im Plummer; who its'Adoption-v MOTION NO. 89-471 A. A MOTION DEFERRING ,T0,THE ; MEETING: OF JUNE-22, 1989,A: N PROPOSED FIRST -.READING -.ORDINANCE. TO CHANGE THE ZONING.. ATLASIN -CONNECTIONWITH:.'PROPERTY AT 1916 :BRICKELL-., A!, ._.AV2NUE--.FROM-RG-241/3i3,,T0 RG-2:2/7. Xpon,being, seconded-, by Commissioner Knnnedy� the *a passe addp:tod'.by :Lhis following vote::,. AYES.- :.Commissioner J,. L. Plummer,- J 'Commissioner' Roiario'.Kennedy ,, a; yor Victor De Yurre., av puirez '44 IM 'A*' -g; One 4! B Mal gone X OX I 77, Z 'i4r:• 1-0 n f - ...�r..rrii.ii.a.• ,•--•—iii.ii`rr�iiirw.r.►i.YiYr - ir�,iiYi�ii -. - yr i-. ��._. a_.a - rciyiiwf'�iY+i,yYw,iiir•ir S. CONT'I= CoNSIDNAATION OF AMMOMENT OF DEVELOPMENT ORDER AND MAJOR USE SPECIAL PERMIT FOR THE 1111 ZRICIMU AVENtTR PROJECT, A DEVELOPMENT Or .R$OIONAL IMPACT. .- •.- •.�-a.d_y.yy�yY+fri.iii.►iii.i:,i�.rnwrr)irrrri�.irY,iriiw+rrririr•�.i�,rrr,Y.ar .. .. ..-_ _ _ rW.rr�i:ii.� --a. i__.. ' Mayor• Suarez: PZ... Mr. Guillermo Olmedillo: Mayor, we're going back to the regular item one which Vas continued? Mayor Suarez: Whenever the Commissioner's ready for that. Otherwise, PZ-2. That's the one we wanted.to wait till 4:00? Mr. Rodriguez: It's 4:00 o'clock, yes. Mayor Suarez:. PZ-3. Mr. Joe McManus: Mr. Mayor, members of the Commission PZ-3 is a request• to- amend,a development order, major use permit for the 1111 Brickell Avenue project. Let me make two points. First of all, is regard to process. This project_,was before this Commission in 1985 and was approved. Subsequent to that, the developer decided to change the configuration project and in y; September of 1988, this Commission approved pre-developmentagreement. so, the. Commission then saw theproject a.second time. You are now seeing the project for the third time in terms of the series of amendments. Mr. Plummer: But.what is this you're giving,me? Mr. McManus: -_What ,the proposal is, .is to increase the overall size of ,the project by- incorporating. approximately .a='256_ room hotel,,. -by adding on•62,000-. square feet of retail space and correspondingly deleting some 78,000 square feet of office use. All of these changes, the pluses and minuses, have been..•.,.;_ previously,., considered, within' the parameters of the.: aforementioned with she development order in 1985. This also extends the time frame. It` obligates the.project to start.within 18 months to be completed by`1995.' PlanningDepartment is pleased to recommend approval of , this project._to you .; Mr. Plummer: Did. I read in this, Joe,' that this was taken out of the 'k allocation''for. the DRI of downtown? Mr. McManus: The most of- :this . project, because . it'.s previously , approved,,;;is';. built into the base of the downtown DRI. - Mr. Plummer: Its not downtown. 'in= Mr. McManus: Yes, it is. Omni, downtown Brickell are all downtown DRX. the, extent to which this application makes changes,_.specificall the,25.6'roof hotel -room, it will be taken out of the increment one, downtown DRI. Because. that's a change above and beyond the basin... Mr. _Plummer :; As,.I., understood, _the- .DRI, .applicant. DDA..(Downtown..Dev lopment Authority),.did.that include Brickell?, y; "r.,,_McM4nuss Yes,, sir.: Mr. Serg.lo ..Rodriguez:' All of the •DDA area .!t .,.Mca uss All .of:;the':AA bounda�c.iea. '��=•;``�'��`�. %04 SouiL,hemst "Oir.�ctt4fsk :iaat, r r,Nk t aJ!ox Su re :.rry Juat ;say t'r nclu¢sea ;-Br. kell t D! to 8�. less .3 -. f.. .rd , >,J•„ -!5•, :5. ...f - *4 �,•k d i:.»i-e...L ,,r,.,. +h;, g=.2 -,.�__, ..t:r <� ''^ra _ •r•!., :i ' j;N;rr.,w,.;•': -,;,� Y d .. , _'J.. ;_'P. •,`?fir-. r''{'-r.� R''' °.: i 'E S3. •; t 91 .a : L •„ a, y� �r of •�. �. Z ^u,a a�+ k Rig A r »•'r •1, d 3. >21 ,h Yl rr All t1tht, to, in other words then, does that also imply o0 t6 t" URI for yank Meet Overtova? "= _s. Mr, Rodriguezi Mo. Mr. McManus: No. LLB= Mr: Rodriguixt Separate. Y• Mr: McManus' It** a separate DRI. tlr: Rodrigtiest That•s that I was trying to tell you. Mt- Plummets So that means then if the y put in 256 hotel rooms Allocation till` 1993'for 600 ► ' we had ".'an , is that correct? Mr: McManus : Under the downtown DRI, the increment... increment one, downtown :'...L z DRI for hotel rooms was a thousand. Mc. • P1Ummer: A thousand? So this one project is of. that, roughly. P j going to use up one -quarter. Mr. McManus _ Approximately. _=:.�t`��,��•�; Mr- plummesrs That means that, if what • I understand at the tearing down of the MacAllister and the Columbus", where that was proposed to be for a thousand ::5: _'.<`• _ ``r,€x hotel rooms, that could not be. Mr: Mckanuss: We don't have project T do hav proje in front of us to determine.. Mr. Rodriguez: Assuming that,. we, had a . project, .what . we..could do' iet'= convert t some of the other increments that .we have,development— increments..into'hotel. G" g rooms.] . Mr:.Plum:ner: You're going to live to regret :'it ; m fr s {' Y. send ' , - iguez. 'Well•. ';t �;:.' T' i; armed qou before, you'll go love to ,regret ,it aK 'ah aN �- • , end n ° y ,emu pz• Mr.- Joe - Mcmanua: .• Mr. Mayor and_ members of the Cptmnissio the �f has distribiiteti''the :revised. legislation,.'as:' R Law #" Plannin previously. ~aPP ed 'to":: g "' Advisory Board'- I rov Ypu '. b. Boa us 1 , we, had. mitts Y conditions", l0i 1. I'' d.: some minor "amendments°"ao: _k= d like the record to, reflect that. y Mr. Plummer: Under d isclosure,. ,1111 Bricks Associ Partners? 11- etas.'Limited who i�' = girt: � the , � •=;r:�•.� Mr, McManus: I believe atto Commi ssi rney for the" a PPlictnta ones: .'is resent P.. Ms.. Debbie M. Orshefskyt For. the record _ m attorney' i ith ► y name is Debbie: Orahef Y= officers ` at 1221 Brickell Avenue. keli Br tiAssociataX. -' I re resent :the a P pplicant, iXil Mayor Suitreto° You we 'in, F: $,Worn Debbie? h Or 'iJ` - -_ - - _- 'fait. ��r.`� 1'��y, - - - . - � _ r'f .'a} ''tvR�:t• M o ua r z is P' 'S• � - - y- k 7- �•�. T _ _ _ yl - -_ - t" --!i!!iR�:..�.,�.�4SR�iD,';faA�?�[�•tk+l�SiiN�.''� - ,3s�r..��,�+,�_. 0��1'_isTKQSB'�$ 5(�•�'y-SS T7 TT .�?A�'�;t�'4�tR�R''��' (/y).,>� - �..�.".%'J xl,. y.l ,Rf•fn,.�t��Ma rr - I� - ':'t':�.:. sQ}�i�J�.�r. /��$�J: �!'F �:� � �''� l: ii:�t�.a-ii,i-.,��-. _ 4�fT`i•t� �► .. �}7: �. I••������� QQ - - Z h:i �'. .. • k 5�v, 'Y4 6 _...._?:. _.._ ....._...r:,_.fa#efakv:._1�1 , • i�"'ti.%iwL11�.!'�:1�___•... .-...__..-..,..- t. y •r ^ ................__...._.:..,_._.._sa-n'..::�-�.i_.�"=ta.t.5.rtr. 1£1 _s. .. Ij Mi. Otehattkya. That Is not a person. WA. Associates, or VA. ftvtlorafit Partnership are All.,4 what does VA. stand fort Mr. Plumm6rt OK, go ahead. Ms. Orsh6fskyt Just initials. Mayor Suarez: Have we in our ordinance required disclosure as to printIPA14 and if it It a partnership composed of corporations, as we said what... how much further than that do we need to go? In other words, principals then until,we human beings listedl Me. Orshefsky: Mr. Mayor. Mr...Plummort Well, Mr. Mayor I think If we go from a basis of what we were trying to accomplish with full disclosure, was to know all parties involved. Newspapers of course, want to know if any of us are involved, are we benefiting from it, which... Mayor Suares: That is. what I am asking, but I want to know It we've gone beyond the first layer of corporations that may be the principals to actual natural persons, which I guess is what you were... Mr.:Plummert Well, in other words, hey, let's lay it right on top of the table. In there people in here of the drug world, are the people of the Mafioso world, not in. this, particular application, but I think that's what full -disclosure was trying to accomplish. Mayor Suarez% Yes. but I'm just trying to see if our mechanics are such that we. cangat.: all the natural •persons beyond the first layer of corporate partners. Yes. Mr. rernandezt You must answer, yes or no. Yes, our interpretation is'that - yes, we require to go far enough to actually get to individuals. Mayor Suarez; Then let's do something, so we don't waste too much time. Wai minute,_, counselor.. Please, Mr. City Attorney,. Mr.- Planning Director M Assistant -Planning Director, Madam City Clerk,: everybody, when we ask the to , lim appllcants,,�herej the, principals of �their, entity,, agencyi. we, j-,; o--i:kn van t natural persons.. .,.Please,_ -help �.us_ in extract ing..- .*!�4ividualat.-we:.'want-,-.to. know, that".. information from them, if they don't otherwise give It, t o . us -very k. got or *Aidily., Thia, is a -..very: complicated corporate structure'you've --'here partnership structure. We want. to know the human beings that actually.:ow -of _.and.-1I_,guess,-,.you have. to.. list all of them. if you. have five. layers: torporations,or partnerships, you have to give us those. We can require that It's Mr. Fernandezz If it is a publicly held corporation where there are a mil lion shareh6lders,.,l think it... Mayor Suarez: Then we don't have to list.them individually-, just,,�say.7the te IS, &.,bunOIof',human beings that buy in the New York Stock Exchange or,whatever., Mr. Rlummer: Didn't; I, remember,.-.. why. remember, that anyone,'hold ing- �morw than five ,perveat.-oUthe :stock? Mr::.+Feandezt Yaw if. there was, 51- over. r. Plummers Five percent' of the stock had to list. a R Alta;:,Xonhedy: I 'think: you. are right.. Mi �y 'mac rnk ky ummers-,.: o, )4az om as quo 4, r Mr. Magnus, on page 51, we have gone, down to, for examples 1111 ' Iifitkeli Gofporittiot�, belaware! oi-poratia r, the preaident and vice president by- MAC - = Mayor auare�et That is rot *hat I was saying before that you all a positively Us said; no matter ho'u thany layeirs, you have to go through the-hatutal Obts6fiC Are you now contradicting 'what you just said to us two minutes ago, Joe? Mr. McManus: No, what I am saying, we have tried to do that and... Mayor Suarett: Have you been able to do it as to this person, this applicant? - Mr: McManust I believe the lawyer could tell you that that question has'been. =g asked of her. Mayor Suarez: Have you ascertained the answers, or must we ask her? You don't... Me. McManus: I think she can answer. Mayor Suarez: All right, whoever, I don't care. Who are the natural persons; or', -the ultimate' owners of this, 'at least five percent of the agency, entity, that is applying here? Ms. Orshefsky: The officers of the various corporations comprising''1111 Brickell-Associates are identified in the ownership breakdown. If there is a limited partner... Mayor Suarez: Never knew that officers had anything to do with ownership. . What`' about- the owners?' What do you mean the officers are identified, in. the `; ownership breakdown? We want the owners, we want the principals, we want .the. people who=:are the owners of this.:. Ms. Orshefsky: These are corporations and we... Ma or`Suarezi And who are -the owners of thosb:cor orations? Ms: Orshefsky: e c'or orations j if I' could ust walk backwardii or -a moideint ., . The" P �• ihiiie,,..corporations are owned, by limited partnerships_100 percent. e'rx •: Mayor','And 'who owns;' `those?-,. , Ms. Orshefsky: The limited partnership... Mayor Suareif. I"thought 'that we just • established that they 'would'have``to°°tell us"the' natural`'pe"rsons at the end of `these layers? Mr. Rodriguez: Page 58. Mayor Suarezt Are we ' goingaround in circles around and around? What's the`.:;:;:..; story here? Mr: ',Plumtnei: Well, 'll `tell ou one" 've I y ay to correct it In the ;future,;".to;;°`;f' make it easier, when the y list the owners, they put the 'percent own and it adds p 'to' 10 " -that µ , 's 'easy to determine, but if this a a 57 $$, whoever Georgette M ller is' -:.on almost eversAe''oP.- r`6�+� S.Ct „t ':as„ j'''$" ' ;,t corporations.' r . ,•.. r,,T ' ., is ro - ,'')•'. - - i:F\ T.*';'.jf}, k.e Miiypr"'Suarez: '`'There'',is`nothizig' wrari ith` that; ae • long, Mr PYummer�) Th`er4 :s °iothiz: giro F 4+ B": rig 'with `•fit � buti•''I ' trieeii'; .{a1��;.th�" � ��s��.���, i hO4Q is ` t . 4 ' Hera ii tw lie`. reeiident of the: cor orati4 and t i-yr;;;it the awhora: of ' -theco,rora on. p J= !r i'• o-t.iys -'F y`1tj. 3, x+' f n h I. cl' a I coin.- arif t - � tR. ,•tu, 161", - . il�. '�s:. �egr ett4,;_;.: �i or'•�;;:;.lg :-.v do'" sa s n O.h n' ; . #� 57.•' "of i >} r- '"e'• rp •r .Q ' "-i!: -k ..Qf-B vs �� e+�' "i�.. '',�}.; ..... ... •.._ .-. >>!iS•����IAYG��`iL f.'�Jx'��_.w.�'w..ww.:R..e..13iLt'�L....��k��::_:.a��,���.�1'_'Jl-;_�t�_.:'._At�_.�=. �'cl—=���_>.� _ _ ='rr. etctent that there are lis,ited partnerships of general partnerships that are the shareholders. We've identified as much as we can about those beeauae there aril not human beings behind certain things, it on a paper kind of... I'm =_ sorry t can't explain this any more, but there... - Mr, be Yurre: Mr. Mayor, I'm looking at this packet here and this was presentees to us today. Me. Orshefskyt That's a portion of our files. Mr. De Yurre: OK, I didn't take speed reading, I really never did and there >t is a lot of questions here and I'd like to defer this until I get the answers that I want, which are pretty much what J.L. is asking and I don't think we are going to get them, at least to my satisfaction here today, so I'd like'tes defer this to the June meeting, the Zoning meeting. F" Mayor Suarest Move to defer. Mr. Plummert At the request of a colleague for more information, I'll always second that motion. Mayor Suarez: Second. What was in that packet? I mean, because it could have been just supplementary stuff. Ms. Orshefskys These are materials that have been cn file with the Planning Department since our original filing. I apologize that they just got to you . now. That has to be an internal system that isn't quite working. Mr. De Turre: OK. Ma: Orshefsky: And if there is specific questions, we could respond. Mr. De-Yurre: Well, as soon as I see this, then I'll be able to ask'you;':'_but'I-' won't lie able to see it now. Thank you. Mayor Suarez: Now,' Mr. City Attorney', Mr. Planning Director,.Mr. anybody 1 who can. answer this question: Does our ordinance, is it so carefully`drk ted that it requires- natural persons who own more than five percent of the- ent:ity. applying for, regardless of the number of layers. Is it so carefully drafted that - it- requires • that? - ' = Mr -..Fernandez:. No,, 'it doesn't: As a matter ,of interpretation, we, have -, e it`that,-but it is not that specific as'it is•written:=:mow s Mayor. Suarez: Does it make .sense in an entity as complicated as that one" for 0 us 'to 're ouire that f= g , given that` the purpose` that 'we are trying to gest :at is , ,7 what' Commissioner Plummer stated before, that we want to knowwho are, the human. beings behind these various corporate and partnership entities, Mr. Fernandez: I think that it deserves a further look into it and I will meet` with... Mayor Suarez: Because that certainly was our intent. We wanted to know the,` .:' real live human beings. I think everyone here 'wanted that. Mr. Fernandez: ' That's sight, and... ME Mayor' Suarez; As he stated, we don't want to know afterwards that wet ;dye: k°� =` dealing . with... 'although' we' are not really dealing _-with, someone'; that ,convict, or n t I involved with dru a or, .. someo a (tile } S !!r.. De :Yurrq ` ' Wtiq `don't.: ire pass '*-"motion to make sure . that they[h• ` that laAguage"for ue''..ref _ !dr Mummer:" 7'hat's.'eas F1asi y ,wake such a -motion.. t ddr:'-Li��rlcios�:' `We alread got a motion. r':.::"'f't•`r-i rCiQSt :. :��s f,:�r_ .�L -` .n4 M - - '+i• e _ .� t' - it{'vile i� u ! +t•. .g B5 , Y'7:Y - elx Do Yurres To defer, and then we make the other motion. Jr. Pitiiisners YOU rant me to snake it? I'll stake it. Mr, Do yurrbt No, let's vote *A the deferral first. fti, ::A Mayer Suarezt Let's call the roll on the motion to defer. It sounds like we - f i this bill can more in nrmat on on . `q: Mr. Plummer: The motion is to defer. 3 Ms. 4rshefskys We will endeavor to bring you as much information as we can, `i Mr. Plummer: Anybody that owns five percent of the stock or more, of the - major or minor corporations. Mayor Suarez: But you have to say anybody, meaning any natural person. Mr. Plummer: Ownership of stock. It doesn't, I'm not talking about the president, the' secretary, the vice president, owner of the stock." Who's. put... Mayor ;Suarezt No, but owner of the stock .could be a corporation. Then you want to know who owns that corporation and that may be owned by a partn'si`hip: Then you want to know who owns that partnership, right? All the way until you get to natural persons, human'bbings. Mr. Plummer: That's the intent of full disclosure. Mayor Suarez: And I don't know that you can avoid that, not in'deiling in real estate in the United States. ' .. •'%^a :'fit Ms... Orshefsky.: We are not, endeavoring to avoid it, we followed the` requirements.:: ' Mayor Suarez: No,' but you did say at one point that _some of these' don't` have, natural' `owners, natural persons as 'owners. ' I don't believe, qou can avoid': °• .-'':< °`'' may' than. I' tray be wrong about the law. .ram -- Ms: Ora he'fskyt: We will... ,?;,s,: 61 Mayor. Suarez: You can in some 'countries, you know, Swiss bank-' accounts and.,;;:`;:.'..` all that but I don't think you can avoid it in this county 4ti; Ms Orshefskys We will bring you as"much information-•as•we can.;We'11 work.''; i tiirouph"the `City Attorney': office to try to get" tt►e',aypes; of breafcdowns`= that you' are�looking for: .; Mayor Suarez3 Call the roll. r 'k t' Ms: Hirai: -Rol call on the motion to defer, Mr. Mayor, first. 1 :: MOTION, TO CONTINUE UPON _ MOTION DULY MADE BY VICE • MAYOR DE YURRE .. AND .SECONDEDY_;•'':_ ;98COMMISSIONERPLTHBM. JUNE 22, ;19`. MEETiNG`BY'THE FOLLOWING VOTE OF THE COMMISSIONS AYES` Cotn�nissioae'r "J 1L P1 Cotnmiss$oner, Ro$ario Kennedy t7... r ,. y b } Comm s"Loner`311e � 'J'•. •,w . 1Mr� . Da kiss �t Vi ce `V - : N` ct i o D u e r - M� r r - •t "s - L F `p. a ,'r'ekq Xavier L S d" _ "r t. r. w' J` — - f r r.' w y. yr 3 J` b' Y.� F E ry 0 s ND a a R. c ie , " w. e .: 3 } N ,b. 2 h 4_ f 7 �. 1'- i Y I. " x x3 c : Ham' k. i-�' - -op Z A p F ""t .P'�t 1. ,+, -xk r... _ k it •r =a d, r� a, y' p .yl •� TT y 4►. ;'` `='.lic.' P.1'ain_,:.i �i.ro' o` :xt.,;,...._ n- t Ji t ,r . . ;t_ > ,.:.., .:gat "- •, :.,;., _ ,,i n .. -:v Mr. Rodrigues: Not t want to make sure it was continued to June 22nd ao we • dosist have to readvettiae. - Mr. be 'Durres Steil, are we going to make the motion to give the 00er .^c` language? e, Mayor ,5uareus Do we need .to change the languages Mr. City Attorney? Are you. recommending that we pursue that? Mr. Fernanders Let us take a look and we will come back to you with a more <= specific type of ordinance for your consideration. Mr. De Yurres OR, so that's no question? Mr.:Fernandeas Now that we understand what your intent is. Mr. De Yurres OK, thank you. a, :f W: 60 :DISCUSS AND REFER BACK TO ADMINISTRATION PROPOSED FIRST READING ORDINANCE AMENDING CODE CHAPTER 4 (ALCOHOLIC BEVERAGES) -. by defining -a "Retail Specialty Center",, by •providing exception for, Sunday sales and establishing hours of ope-ation for retail specialty centers= by providing exception from distance separation requirements, etc. rrrr�rr�rr�r�r r�rr��—rrrrrrrrrrrr r�r rrr�rrrrr�r—ter rrrrrr—��r�.� Mayor: Suarez: Was there.item one left over from the non Planning and Zoning? Mr.'Plummers_ Yes.:. ' Mr:'McManuss% That's correct. We need... Mayor,';: Suarez% I guess:, -we -were- confused about the ..need ,to delay,ahat� after,,^.:.' i . a11.",; There was. no need,: to delay. that, . we. could . have.: handled .•that_ '..,-What . is that .about ? �. .Mr. Plummer;. More: bars) ry ,s V. Meyor.'Suaezi•.::Retail specialty...:. — Mr.McManus: Mr., Mayor and members of the ComMission, . item one deals` with '. '' :' '<• . slcoholic:..beverages in retail, specialty centers. ,The.'proposal here is:. define'`a -.retail specialty center and then within that retail s ecial' center ;_. _ to-.,allaWr� the sale'. of alcoholic beverages .in establishments. without regasfd;'an:'„' the, City's .spacing -requirements, which would_ be' otherwise applicable as 'regard', the, alcoholic beverage establishments. We have had the opportunity over the ; lost .:.two _years of observing-, the practice at Bayside,._ where ip ,this; Commisas c .. _....'' ,;,:,•. _ ;' hod.-., prRwiously,. approved r-a waterfront ; speciality 'center ,which .dispenset, 4ith. t� tk�e'::distance requirements:: We. have; observed: part, of the success.,,* to,, Bayside, ' has been the ability,. of-• retail : public to partake :.of al''coholic beverages without regard to the spacing requirements, so much .and Mr. Plummer:' What requirements are you, placing on them now'? one ligµor, license per so taany,.s.quare•.feet?.. '« +P Mr,.:,.MaManuei With: regard to .Bays ide. . Mr. Plumnwrs No, no, this. is:.in:'general. '.Thisi is~not,just;�Ba aide; Ks3nned, i 8�i aide we a. owed -.a re Y Y Ppr early. —t i;' 'Gt..tT•'`s'e-- _s:� ''i,t r.r• ,.d:Yt 7 z �`n .,(. K F M - y. .u:..j• $. d . ict:�� "stab e %t' e lair• !im i `uo• � - t�. �i, r�,.... 4. n,r R 3 % tr r:r':d - ,,•��: 4 .♦ L� rr: - bYr •, :7 - , l.u�angex s.,�':=2Q.':r erCettty' .. � �` M y . ,�; : f::.:,, :.r s; - �. Kr-','•;,~ ' u:,, '� 1 > P.. ii � f ';•-�i` r..r?'r : a •..�d %3 ! fr .*s,?t�+">j:•; P:7 • ff >R - r� . t„ :tr s :r� 6 it'•. h. X i' n•1' •# r 1L - -i- e� ' t! ':.�,. '�% .��r$:,:A. � ,��"� ire t .t11 •11tA8._ A.V z" 'ci - �•,: � , it . 7.v 5 .,y.V ; " 2 Mr. Plufnr "t You could have theta without liquor. Me, MtManust We could have them without liquor. Meg, x6nnedyt First come, first serve, basis? Mr, meMat�ust Pardon? First eome, first serve, yes. rt Mrs. unnedyt Mow will you decidel - first come, first serve basis. Mr. Plummert Wouldn't it seem more... Mr. McManus: Well, let me add to that. Presumably, we're talking here about a retail specialty center under management and then management would be charged' with the responsibility of sorting out how many of those establishments would have it within the overall cap. 4,4 Mr: Plummer: Wouldn't it seem more reasonable to say one establishment per - square feet? To me that's• a better way of doing it, than just saying 20 percent of them can have liquor licenses. You might have one place that -has 10,006 square foot restaurant and another place that's 1,000 square feet and = you have 20 percent, you can conceivably have all 10,000, or all 1,000. It would seem like tome you would allow one'per X number of square feet and then you do place a limitation. Mr. Dawkinst J`.L., then there is no need of having number five, which say eliminate_all distance separation requirements for these centers. Mr. Plumi mer: Well, that's what' they are trying'. to do, is to ''eliminate distance requirements. I'm saying is that -it would seem like to me'that':if you'had'i large, you know, 2001000 square foot speciality center,:th' ify7ou,` said'you can only have one per 20,000 square feet, it would be more of•A reasonable application and easier to understand, than 20 percent. Mr; Dawkins: OKI`need, number two sir, -it provides that these centers"cbuid. inciden !ally , sell beer and -wine for off -premise. consumption ...on Sunday: What:';':::` :' ;' '`.r t _ _ 3., About on -premise •consumption? Mr. McManus: Well, .what this refers ,to; is that if I have,. say; ;a Wins afore; `for example, Winn -Dixie se, wine: and ` beer in "contains', :-_for off=,..L.; remise consum tion:..::Under this' ro oral; `Winn=Dixie' could 'sell':bee=-`anit amine • ` % t �... P P p. - iacidentaliy :'on `Sunday." Mr.' Dawkins: 'Theystill'do." They. can. sell .it after one o'clock:' Mr': MCManust Well, we have restrictions on this particular classificati6hc in`. the` -downtown' Miami. Mr:: ` Aav�kinsts ` OK, page three of five . on page 'five of ` the package,`'' it says;.'::; ` '.: except far' specialty'retail -shops or ,stores, operated in retail'or.waterfront jspeciaity.aeaters, no' such 'sale of beer or wine shall be' permitted`'o' "Sundaq' { 1?<_- but yet you , come back over here and say we are going"to :permit' `it.•`. Mr.':'McManus: I'm sorr Commissioner, w e a y; e , her re you reading M :. D QK; page five,":withA a encil, 'not the 't r awkins p h yped ,rs4: ''1 •r••i�•.tih iN ;c'';.r•w :",":,a.: fin; . :h- 2 ?: .b Three od 'ive:aY_ ,. g. , .S' f: S -•y1 tt^ri'� Mr -` Dawkins'-:` Yes' thr• e of 'five th a ,-,- • _ , e ,' ree: lines up from >aumber `thrs�;; tle`'ahxpe,r;;t;,-,-. �. -• b- ,tr Q .i - . nRo�' . ttlitttfi8�' two' P- - .,t a 'L r 't M :.' t ss e M"Mai` iie ` Wla� f ' rs to' ..�- n h r. a ia" the .>second -`line -rs'g�zis�j�aQ'. - 4mnical. di#pirict, which`a.':-d4 town. am from t e .Mi ' .�!�?.,. }hex :ensis>'rQni the ,..k `oYeX . tp .'M 'ami',:Ava � — ..y',ue:. 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Oster ' is h �s ... -nee .^t' _ �'t�i { ?'u'•h � - i ka. -- — w•..-, .e6iA! gm iZ Mr. Piutt�er� Lot me ask a question. This is obviously doge for NM6 rolibob. What is the particular application that this one is trying to accoftolirh?.' {` Mr. McManua: This application responds specifically to Miracle Center and Is also transferable, we believe to such complexes as Omni and Mayfair. M'bv,-, .`.zVT4i Mr. Plum morn OK, do we have an actual classification of specialty center? Mr. McManus; We are creating a definition of retail specialty center within this legislation. - Mr: Plummer: OK, presently Miracle Center has two places that sell booze, is r,€, that correct? Mir. McManus: Yes, air. Mr. Plummer: .Then, 20 percent of the stores would allow them to have -like, x' how many stores in the place? Ms. Debbie Orshefsky: Debbie Orshefsky.. There are presently 40 or >41 `'=a individual tenant spaces at Miracle Center and... r,E} Mr. Plummer: So 20 percent of that would be eight places to sell booze., For what t . - Mr. Dawkins: To make money. - Mai Orshefsky:, If I can just go one step further., One thing I'd like for you all to -consider... When we evaluated, Commissioner Plummer, exactly'the°thought that you have taken too,, which iw eight individual uses, what do we.:need .:that_: Wewould support, if this were limited, that this exception.'., would only... you could have 20 percent, but not more than five alcoholic beverage f:+a servers. ' - Mr:, Plummer: Yes', but you see, .arguing the other -side of .that; ,• that = still•i'g �: �::: ,-;�^�5z,��•, not; fair. You;'are, basing it on -the square : footage' of -,Miracle ::Center;, -.Mm' happens:. _if'. we.. have, you know, a place. twice that size? Then' _ five..is .,not adequate. Maybe five is too many. y`— ;....JxTt. Ms. yOrshefsky: In making that suggestion to both the ._developers of 'Mir,acle 3¢ r Ceonter; :I've,. also:, .been_ representing '1111. Brickell Avenue, on= thim,..,w qr •,, y -have a,:similar-'.100,000--square ::foot retail' component and: ..they likewisewant;ao':'.;;` '< be „able to have,:, --a number. of -:..restaurants; cafes .that serve alcoholic: '< ::a ;''.• beverages. They have 100,000. Now, this same proposal will be coming``before you with.: respect., to .the .Brickell' .gateway project ,'.that should:'be.: before ,you t the.;comin months. That likewise will have I believe it's, about a'.200`OOD"'._ square foot retail component. If the measure is r ` 9 P going to be square footageI',- think .that• ;within the. scope • of: all: these retail _ developers: that I've ';been working ,with, that is a concept that they could work with and perhaps. could, --pass 'the concept of creating '_the exemption:: for the retailspecialty centers :today with direction to the --Planing Department to •ref.ine. that5+•,etandard. between now - and;:.second reading, that . would be'- helpful for,; us ,t6 'Move' : tb1is.: along , and :.'then 1-can work with our developer. clients., .in this area to cone::"1r t•{• with a concept that comports, because they were comfortable, . with ;20,.percent;..:;';..,.�":��r;�-;;,,`t, I r1 think. -that ,if wef can get '',a likewise. measure,: that they, can.:' live .W4i h' square footage basis as you suggested._ r,! Mr. Rodri uers You canprobably.lia►it both .was if ou: want ,.-to klmiV,. the.. number:.,of : establishments,.:a: percentage.'of establishments,,and & to a << s uare foots e w -•;:' .=�x a; — 9 8 , hiciiever •I o- M�- ,t:but<ia effeatl�the mitieyAt�theetotal by""- y- f• �l.i y•'�'3"ln�2•T•'E thy};, ;5� _ '`.'j.. A.tno% i�hf!a"r'1? aea'e ipoetaur'_at: + o„e io.Edkha,gtoDBMpmthis bound 'w1th�Qh.` j - i te.�� �� M.i .�a .nth � out�'�.gi�t'. bAr� - u.,� G'.�.< . u�a:• �,�� j�.�^.r fi;rw u" T. r.' .7 +yttr- _ _ g.ii�/ ?f<` y.��l/aM. �.i .x:'Ty,�'wA {'�:�`�:.; f°'- : "t i> ••?4'J-• e.. �� `, #e4� :. t•.i,M.l ..'�!, •iY X7�1�".M�<'},�•',�,j',=%tis«�•v'..�.v .-r., ,,�,..e:ti_; n!��d'ci..,_..,Y,i.., �.8 tq. �;':. a��t�.', '� � r i i { F '•.`f. ='"'t 'c'i , t+':�::%.' `,t2. .,s .`'..x:-,. : elm' >•,sir..' ; } _ notvt`t�..,. vl � �• , .. ;,, z� ., . b'•,x}...,.;at.e_�:,'��� •�5. Ms. Orshefsky: One of the reasons for this, originally with the layside project, was the little Make a Daiquiri, which we have all enjoyed daiquiris froar at one time or another. Mr. Plummer: I haven't, but go ahead. Ms. Orshefsky: liven the nonalcoholic ones? Mr. Plummer¢ I don't like daiquiris. Mrs. Kennedy: That's a different issue. Ms. Orshefaky: That center, quite frankly, we were working in developing the. plans ,for that project, the Let's Make a Daiquiri concept was the one for which we never would have been able to get a liquor license, but for the exception created for waterfront specialty centers. There are restaurants that do not meet the Statewide exception of 4,000 square feet and 200 seats. Mr. Plummer: Yes, but Debbie, to me it's a difference between an individual who goes into a restaurant and wants a drink with his meal, than a person who goes in to -drink to drink. There's a big difference, OK? The tendency of the so-called DUI, or the drunk individual is not as great when he goes in to have - I a drink with his meal, as he does to go in and do nothing but drink. There's a big difference,.in-my estimation.- I'm not speaking for anybody also. , Ms. ,Orahefsky: Part of in defining a retail specialty center, part .of, what that definition was geared .towards, was making. sure that there. would be.,a management and in internal control that would be in charge of worrying about what their tenants are doing, that there would be a continuity, and that type . of protection so that you don't end up with,just a bunch of bars, which nobody would necessarily want. Mayor, Suarez: Let me ,ask about that, because maybe. that being, the: intentof all, this, what. technically keeps. a'specialty center, not like Bayside„'but. :.; like Miracle.Center, which is all housed within one structure, from saying.:;we.-_, have.: the license.' for this. structure -and, therefore. we can sell it anywhere V4 . want within the structure. Mr. -Plummer: ...The distance-requirements..today. a'4fi Mayor Suarez: But -no, they say they have one. We sell in 'this boil_ d.ing.;.` This' is our establishment, this is our retail establishment, we'sell,-it here, .: �,'� In ,any, of the stores. What . now keeps', you from saying that?.. " - _ � SIN Ms. Orshef sky: Getting a CO (certificate of occupancy) and complying with. the: Building ,Code. U Mayor Suarez: What ordinance, or what statute? =' Ms.:, Orshafsky: Itwould be the local requirements. In order =.to- get: ~an._.. alcoholic beverage license and comply with State law, that license has.'to'be,.:;`:,:; signed : off, by the local 'Building Department, that you are in compliance .with , :,.::;`;:";`' zoning requirements. '' Mayor ,.Suarez: And what in . our local :Building Code . prevents . them. from._applyLug ,J on -behalf of the entire building? I don't want to give them any. ideas anything, but... Y � Mr. -Plummer: I guess theBeverageDepartment. fir4 H..,;; Juatn <.oBzalez: Mr. Mayor,;r,;Juan Gonzalez, Building mnd. 'ZQnin ordipsuce 9665-and.9585 which deals"with distonce're u£ ..,. r A - :,� '�or':;¢io9 , c', be .�, g!1 �, ., - r , - '`f'::: ?Y r%?,':�.:'t;y,, i•�~ a'aa:.. h� ,AAd ° yQu ceilat the .= diataAFee9ugms}te,at'�a� #e.Ses , ua¢str.: occµpa i +�1. li gwpna¢;a or _a ti}iag as oPP.. � to ib r 9p � s�sad ,e `+� �� � •� tt�uits -Corr qp :.s r' a ' Mr. �.a: atcila �� ,: � ., � ch �-e$te�hlls�►en� �s�`'�Q` #eix:tFf9p„Ceriilitq . a�'<: i. loMsa.p#a�4►.p . l=' i;te =wwt;F 4 •3 9 3r ONE x- l C E' _ -r..ir • - - u- � Ali. —._. 'ia'M1 Tt'c nti•g>, i:,.., 'ri'.usiRa(+,,:'i'gT �',s `F, .:.'i;Y-v';'T3'<.. 3 Mayor Suarez: Weil, I have a feeling they could have done it the other way, f_ but maybe i shouldn't put any ideas in their head. r= Mr. Plummer: well,.plus we get more occupational fees. Mayor Suaret: OTC, 1 got you then. Mail, what do you 'want to do, Coswaissioheral I mean, this is a policy matter. Do you.want to try to build ;. in both side guards on agi.are footage and number of establishaenta, minimum f number of establishments: for which one license will be given? Mr. Plummer: I'd like to go a step further, Mr. Mayor, you know, if it is 4 possible. A step further, in my estimation would be that any additional " beyond the minimum has to come before this Commission as it is presently today. Ms. Orshefskys' It's not in your Zoning Code, and that's... Mr. Plummers OK, then fine, stay at the distance you got. Stay at the distance you got!., Me. Orshefskys I don't know if we'd have to change the Zoning Code. In order to..* s k —:yG i -%451y Mr. Plummer: Today the Zoning Code... Mayor Suarez: Well, I said minimum, because you were saying that you wanted `. it on a square footage basis. If you. say no more than five per, how many —` ,square feet do you have, roughly? Ms. Orshefskys In Miracle Center? About 100,000. "- 3 {•— Mayor Suarez: Right, that would be minimum of $20,000, that's the square footage,: requirement, plus you want no more than five is the entire place `e;x l: bes;auas you just think that is a good number. <<` A. Plummer: I didn't say five, that was her suggestion. ,;.;•i Mayor `Suarez: Well, whatever number. We can build both requirements in -so they.,won!t,get a,- little specialty center with tons . of Little store s�z�d":c,i»e:`::; and say; oh, .we have 40, even. though• we only. have` 40,000 `square fes3t::.; ;, s ;':.;::: .* 5 '.• have one -,per .`thousand., r Mr. Plummer: I can sea Rene and Manolo',s downtown, their little pit, stop, _ asking for a specialty permit. y Yes, thats what I mean. We could do those too. We can also � Mayor. Suarez: ' - -'`'• - � ;4;k :�•�; t �,F Mr.. Rodriguez: Percentage :of the square footage of the whole center, max 'and_ perreatage of -'establishment, max. Mayor- Suarez: Right, got it. Mre:: "anedy: Mr. Mayor,.. since Terremark is part of Cocowalk, _which gill` be'`."a specialty center, I m' excluding myself from discussion and Me or: S a ez: Tha fits uad r ' t e s eciait Y, 3 !� r t 4 h p •y oasa�er .deflait,o>i as iv psapoed? f _? — }. .. - '• zit'-,:3 _ J', fT t� � _ Mrs.`,:gnhedgs Yes I. just checked..i`. yr.. • Aawkihs�,:: 4usstion .. -,{� _ what. hePPs3as ehea a' small _es}tsrepxaneup p� - r �� ,bus inspmn . whs� cannot ef#ord . a, top notchewpsez' o ' anal coaio `Ji h - '±an 'f orb' i�i :`liiane4l, •'s!' re use t a w Itt#�e .'senie.=?4P APR �p p .3 W . TX. u 4 e �F� p ,x . Q 4 �tt M�ti -:r•,. !4�;.� •. :r'_ � �',.: _.'� tip' qi 42.v. i Y fin. : ''s : is "� -dlgsf - � �F'n3,r h • +`r;rf _, 15 E-'n;),'.`-'tr ' s ' - ti <<.�s 17►- ~..d- as - ,` t' •"rat '�� ! C S r`y •t -8 i hf 53y, - •%i` Ks ( YI - ,h 1 y'e• - ~4':il' :"i-./'.i .aL• :' :�.�:L.`p .. V•'1 V yLL -. Y.. .. {' N .a y,,,-, '"'fssYl. ?i!,'': -sill .. •erg �+T�# to •! .# s' 4 K ' ;so fw r - - 1 • 'J.ir C e "xi z h uv, i 'a ^ .'k � b • _ to �• A.�'..±± 3 F1'�`4 t r 4'ti :J. y. �4 F- 5cy. - a., 3: __, _- —. _.- _._ _-' --iY.rFii£srr �`k-v&?f,`F.RS.•��': i,•,Y:jfF�.j�yjr.>. Yj :' i}: r.J;:-:Yi;{t"�-il��y�� _ _ a. 4 tf. Plunresrs The same as presented by the high-priced lawyer and the 'i department 6f... Mr. Dawkins: that ha,* got a neighborhood where there ate other busiriaas�a that -would support his 114uor store? Mt, Plummer: Could or could not. ate are not talking about package `atbt- a Mr. Dawkins= I4d talking about the consumption of alcohol... Mr. Plutdmers On premises. Mr. Dawkins t on premises* OK. Mr: Plurmner's See, my problem "still reverts back to the same thing.- 'you' ire talking about granting this based on people being able to have a drink "s►3th their meal", Y think of it one way. Mr. itodriguez: That could be another condition. Mr. Plummers But if we are talking about they could have 20 percent -of the' stores that are just serving liquor and no food and it is just to go there to drink and that's the only purpose you are going for, then I think a hell of s lot different, I've got to tell you. ki.'''Orshefskyi' There are minimums under certain State licenses with respect - to an amount of food that has to be served. If that is a concern, we could Investigate, what minimum that would be and tie it into the State licensing procedure for establishments that serve primarily alcohol and secondarily pizza`or other'munchie foods. Mr:' Dawkisisi Can they sell any alcohol there now? —1 Ms. Orshefsky: Yes. Mr. '"Plummer: Thep.have two places that serve alcohol now. Ms: Orshefsky:" Those' restaurants `fall into the''spacitig exemption" becau`se''theq r feet =`and 'a minimum of 200 seats and gre therefore .cCh have '` 4 000 squa a err se:,:4 -� exempt from the spacing requirements under the Code, that's.• tir,: Dawkins: So this allows, you' to ;open up, foi `the lack of a b'eLta,r word, Iittie:booth to' sell , is` that what this does? Mr. Pi Little what? +: 4i McManus* Well, we talking here about a total of eight; "so if you .addthis;;;`-'::;;.';};; one,to, they'd have to add another six. Mr. Dawkins: Beg pardon? Mr licManua: They would add another: six alcoholic beverage establ"ishmentis.. ,"IJ, - addition'to the two they currently have. Mi Dawkins OK 111 'ask m uestion a sin. The h de tt�o ri °:: :`•A <:7 ,' y 9 B y talkies :about ' ad+din " 'five' o e - .• g g r like that " tvo? `Or a e' ou: t lki y a Agra V+�n'``; rt adore ` hmif -tha $ize : or°. `are- ,6 `talkie abou � f ve" o : t ;' 9 B t: i in. re..ans3-fourth`, ail°atf`s 'ct?<<•;�:•y or are `?tang about' f ive more one-fifththat'sze i- y' rtt -•K r T g tlw " A! •.' " nun `' �F v ,or "MN - r 1 e '`ia e ' ''it' 'coin"d; -be "ab ` ittle�•' I c * - 1 - a$. ma;��ifth'::that��`:p"t$,A''.;;�Qtlt3r;xy,,��-: 'f f-th VWO �f., • t Dawkins i VP r '• _ t 't . r. i 1:ram ,• s... a ; booth t r� s. q e h - 3 ,t { s. -e • S a h ti u r. r W �4 50 f 4f in x �z s s� t ul` Q q�, iR } •��a ..� ;4, r:-.�m,"moo..'-'-�%3.i' �' a � "•'`N�'{`.'2�', °: „ .:rt^_-',` . � S' c -i'.�" ' . v � :�$ t t. * �I `• f3 1 ':t� .gl07, Ur. i- , :•j ...y; ._':..: •...-...,.. ,r:, wrni°rr `' ,,, , .�i .:.-..�-k...7,-_ .._ . ,., : '�'-:,1,.�'�`:..s'�fFe.z'-� _ . ,.-t=t':+m,..:'�.-3,..�.., tar a ,.te•:h �F. - ,.n.. -.%�� �::;+jw��gh . �'F: �.F}a',, - - �.t: •t;_. y i�?.e, _ ,{fin _ -•.Y. _ - {...: ik.�: �4Ay r .�'�%fit. _ - -?, f,'.. ..'.. r;�,•, r:fit:" - r-.M:. h Mrs Do Yurre: Not a retail specialty center. I have a problem dealing with waterfront and not waterfront, when we're dealing with this issue. I think that if you look at a specialty center, you can look strictly at the Coconut Grove Busineas District and I think that's a specialty center. If you look at the makeup and the components of the stores along Commodore an along Main Highway and along Grand, that triangle there, I think it fits into what a specialty center is and yet, you are saying that because it is one structure, or one entity, that you are allowed to do this and then in the Coconut Grove area you can't do it because these are individual owners and you know, I think we are getting into a situation where by definition you are excluding some people from getting involved in this process or benefiting from what we are talking about and I have to tell you that I tend to have to side with what J.L. is saying. I am not in a position to grant licenses outright for people just to start taking, without, you know what we are used to seeing, which is the other food along with the drink and you have your leisure and you can have your relaxation with your drink along with some food and right now I don't think I am in a position to vote favorably for this. Mr. McManus: Commissioner, potentially this legislation could be used by Mayfair and could possibly also be used by the new Terremark Marketplace that's going up next to Monty's restaurant at Aviation and South Bagshore. Mr. De Yurre: well, it is irrelevant, as far as I'm concerned. Mr. Plummer: Let me ask a question. With the distance requirement today between the two juke joints is how far? Mr. McManus: Between the two at... Mr. Plummer: Between two alcoholic beverage servers. Mayor Suarez: The ones that are non-exempt, what is the. distance requirements? Mr. Plummer: What is the distance requirement without a specialty center?-- , 1,500 feet? Ms. Orshefsky: There is no distance requirement as between those... we have .. Chili's' and T.G.I. Fridaq's. They have no distance. requirement' between each other. Mayor:Suarez: They are exempt, -because they are over 400,000 square feet,. but - if they were not exempt, what would be the distance requirement? Mr. Gonzalez: 2,500 feet from the establishment. Mayor Suarez: And the way'you can do'that,'vertically, right? Mr. Gonzalez: It is measured pedestrian way, front door to front door.'. Mr. Plummer: Yes, just like the crow flies, down the street, through.the �crossway; over there, back through the median, we've seen those gamesplayed many times. Back with filling stations it was even better. u} Mayor Suarez: Z guess what I was thinking is that you could de endin on h"ox# Y B 8 y . P B:. :you counted the feet, ' linear feet, you could maybe resolve it by being in a large building, but obviously not with that kind of... r Mr. Plummer: Let me ask a dumb question. Why do we need more. than two placedxi to: serve` -alcoholic beveraga `in' a` speci'altq center? 3nni" w s y 1q els or ofskys `yay, I � respond' to that?; Nr. Plummer: No,' ,no, x Rm **king the, Department,'.°.what is the Usti ioatip � {'` ` ` h4 v$A$: mor4' watoriug holes? Mtanua; is that we; 'have Aaade Aistak i #►4uD ta�rlra� '.3 f aysids, you ore in ►shopping environment, you are yrpta uur� ' ' ;=z Bpo+e,r 4 you mreA +� restaurant sadx gas a 4 he9oz AYs ids � the public poems. to aA of at9ppitt$ by say #► wgtep � F x3 asl aeon r 4 y re tha, upside le orga�►i�ed that xayt, " IP.��� �Y NA �r->.__.—_____.— .^,t;,,{,.•=;x, .r�'4�!5=+.+:9 r.-. �re_yr,�?uttitN� gin''>� _ ����f'iy�•' -- - years ago ,established dispensation from the distance requirements to.alaw that to happen, Mr: Plummer: How about doing it a different way? °. Mayor Suarez: Yes, but Bayside has about 40 eateries, I think and I guess the.:. Mr. Plummer: Yes, they had 185 stores. Mayor Suarert: Right and the thought was that with 40 you know, establishments serving food, you would probably want to have quite a few that also serves;ti, liquor, even though they wouldn't otherwise, meet the distance requirements of_>; the statute. _ Mr. Plummer: Well, let me tell you where I'm at. I'll make it simple for, you, OK?.. Any beyond the minimum that is presently allowed any law comes before this Commission for a determination. In other words, if they, are allowed two .in the Miracle Center, and I don't mean to pick on them,, but that's the example that's being used and they want to put a third one in there, let them come before this Commission, and we'll make that determination as.to whether we feel what's there is adequate or not adequate. Mayor Suarez: You know, it isn't as crazy as it sounds because each of these '. projects... each time we've asked you for the logicfor this, you've told us Bayside, which is a quite unique project, so maybe on a project by project basis it makes more sense than to sort of pass a broad ordinance, ,.you know, ,z : that, somebody could... no' matter how tight we. make - it, somebody can,. ge.t ;w around;., plus.'has the additional problem that it sounds a little bit " discriminatory towards the person that isn't able to be in a specialty center, `« right.,I.. Mr. McManus: The premise here is that the person, the operator, the','>, developer, : the management of the specialty. center :has a self-interest. essentially policing... Mr.::._Plummer:. Yes,: -it s .called, profit and the more: he can sell. in the boogie 1 and the more; places he .can sell ,booze, the more ,prof it he makes.Rp Mr.. McManus: Just-: suggesting,., Commissioner.,.; it's. .in his interest to do some policing Mr.:.Plumimer: Joe, I'm not fighting with you. Mayor Suarez: You're intent here would be, let's say we pass" this, to have' five.establishments.with"liquor licenses?: ' Moo Orshefsky:,' We anticipate that Miracle Center will have five: establishments. Mayor Suareg: That's in addition to ones you have? Ms..Orshefsky: Yes. No. ' Ma ors Sua ez: n and. y r Well, you. have. a o ayes. .Orsh fsky: I' m. sor y. r: a ditional7 Ma es I guess .:we d. bet er swear... .Y - •,t: .. - :, s- s �z 3 Mid' �Y rL�`Pl• •s, .You e,. ,but.,•tha t .to mef..iD 8 not'. I�xmin . - - ,p,=, '},:' _;ty{:;a.�, �.;:.f•'"_;r(>'r;P ti.,Y Y•it *If2��! 'S :3 i M+a l e c u• rl. N �• �a l b a I m !'4 � . !q Y.i 6 to,undarsbaRil::: .x y i.r Ai.I l e � r 6 .aeus�_th i t r+ A r 3 S^ � _ 5 _ 77��s'4 ''J t a3t rt 1 4. - •i _I 2 s'r 5 - .y: ¢..4s �� ��• � .tr �'tQ•�de� s d- e� o .F :;a.' 4 �' t _ F r, •I'i?'Lj-f .-,r��d.�k!_;��A�*,'L,fr`':>:�7 r"ft6. 1��„' } ,.;�..,.-+,�;: .n,;r:. •i l,"#.,:r., `=,";F, di'k S.; •i';Q"ca ``� - ^f , _ jj -�'°{"' : , ,t „i -. i-Y: •!*.;-. YJT':'-�:s�'� : ,�i , C: "yY £•e >g a., d $,<.r. `"t . ,....-. _.x,au:,•'i...,s.. .}�:�,*.'`_k. ...:-M-"l .a-...._.^A._.............='k.r';; ;. <,.. �2%: :yam''_... "_•........,.,`.ir-a..,r:;:.:_.i+•^__.,:,:•5'•?;ra5S4.._. SY.^�'�,sa. .,.;a i. r }�„e•6": e"�,-t _ - ."I�i ,fit '�_ - - _ !F , it ,.-;'�:..,•. S:.• '- - -���. ..'"4i+;7 _ - - _- `, �Fa =,�i;�•#T?g''��J:� s'+t' fir —�'��+i`•,,ryh `-IT'1::-i ar:.. y,�..",�.�. A-J��d x' { •7�'ii c'�S.i-. �'•.55•0'• '�ia`�Y�w�. ... ... - 'ti,.hsr• k r�k{,� y,�yy2+,'t.+�,�„.+N#+}1 -13A"A'..xm ...a..v-._......_-.-^,-... �. ...-_s•Ss=S+:kw:e.ctic+$,3_"'t i•-_�a36,A ..,`_d+'h`�(t_. v • i v r •� .1 `' i�-:i• - iztc7.2f-.'.' ,�s-. 'i. • -:s.---'.iwWatiN- �i�l: �i ;'i`_--_.:'-•.. i^. -Efi'.PT.1.:.�.->''.:: �..Ji:.: ., q,• -ap 1 - yt,;- }5:4C1r7-z i.,. - 3tJ. {,, _ i:5..rf,.,.'7�{^.•aY,y _ •t3cP' Mayor Suaret: Let me just ask her. I pant to know for purposes of my -own tatfi l ghat it is that you are trying to do there. Would you please.swaar his ie?; (At THIS, pGtNT TO CITY CLRRK ADMINISTEUD REQUIRgD OATH UMDSR ORDIRANCI NO. -` W.I. TO "1099 PERSONS GIVING TESTIMONY ON THIS ISBm) Mayor Suarets Matthew, you've got two establishments now that are txan t " because, they are over 4,000 square feet and they are eateries there, right? - Mr. Matthew.Schoembarg: That's correct, right. Kt Mayor Suarea: Do you have any other establishments now serving liquor there; other.than those two? "e Mr. Schoemberg: No, we don't. Mayor Suaret: Could you, under the .present requirements? Mr. Schoemberg: If they were over 4,000 feet and had over 200 seats, yes, we could. Mayor Suarez: If. you did, could you have any... are they not far away from another one, is that the problem that they have there? Mr. Plummer:. If.they have it on premise, then they... Mayor Suarez: From their own, even though the other ones are exempt, they can."t....they have to be far away from the ones that are exempt, OK. -.:Now you would -have a.total of ,how many? .•'' Mr..., Schoenberg; We want to, add two more, places, where" people _.can 'consume liquor and. Mayor Suarez: Are they going to be incidental to eating? J. Mr, -.'Schoenberg: ..: there is food, yes. Food will be served in .both _of. those` instances. Therewill be food served at lunch, actually all of . the time, . with;... special buffets and lunch and.at.dinner, I mean... Mr.. y Plunmerz.. Can they .buy. alcohol .without bu in #ood? Y g : Mr,-Schoenber in all .of '. g:_. Yes, :the .cases. - - > im Mr. Plummer: Then that's defeating the purpose.; :- i M.r Schoenberg: Well, Commissioner, , I . don't _ think there.. is •, anyplace even with �. the restaurants that we have where g 9 you could o and not be: allowed to hu ; alcohol without food. .Mr. Plummers There are man y places in this town that say they will pot` sell alcohol., without a food order. -,.•;; Moyor.,Suarez: Yes, • there are some. Mr. Plummer; There .is no requirement by lav,, but- .there are uc / restaurant .: a, kis, lJeyar Suaret:, Did. you have, an ;intention .�.,. ..s\,,r','.:'f-ta^`v5a,fn; #3,..e�'<•5'".• "ts�l;'��`i ��;��°�i! Mr,.- Schoepbargs No, we can live with the requirement "that' :fo'd ksas to 40, served, .because'. it,: is .our intent that food be a part',of' the oencvi,cs"'an4'1'1 34 y ` Opt: ou,r» �s�tynt, just to .:k��va; l$9uor, l+eing: eervedr I';.�iar► 4Y.: . :th.w. concopt, and., we ' oould =vqr a.iaa 1 ` v :,•;: 3t,, Y: i Y •.l i A w. kk►iu igti+#r3+f E .� •: ' s9,T-Yed ,.,,,�(;, ° .t _ �z., '.cnf-`., !ia s�,t .�l�rafGsx Ypu " t►tn't h v.e; an y. p4s ,tpp: ,u. t"k � �tan irtct!Y r io�ak:h._�ie,t � � �a . iv: `:i . r"i.,. '.,!". '< : e'.t;:: .Ar .f> .,+4rF'•':t3:'-% �7'ia ' .r- t. _ - ';a, ;:•i.r _ ,.ii .•xF;e'_SA.':� :. _t'`'4':�.,,i :.�>��;r�'',..,-, x '+'t` -: R'KL�•'� ��� i �.:ti:'.�: 1].��,,eA• �r .�"] ,.V: •�♦ `3./(�� g� !' 4:'-tO1. }� +� n F: -:4'. �." = fd�r,:t,..,., p.•T. 3,':� �:7a� ,dR� r.. i'� . Tlf< i1fl�Dl,�'sni�y"![ 'trf?H.��.F';'i�•ei. <��7K.- tr } =i »� is the purpose of it it to *ell seafood. They also have drinks, drInkiltg they will WOO- sports ffiachines like golf machines and basketball dhobt#f � taachises as *6110 and they too, they hive Liquor and there will be t daeelag theta as veil'. Thoae are the too that we're interested in And th+se Are the only two that we have plans for. Mayor Suarett Commissioners, does anybody want to try a proposal on an ordinance here? This would be first reading, right? Mr. Fernandett You. Mayor Suareat That might fit those requirements? - or does somebody want to make any outer kind of motion or do you want to... Mr. De Yurret Mr. Mayor, let me tell you, I still have problems with this because I know for a fact that as an attorney and we deal with this on a daily basis. I've had, you know, clients -that would like to open up a restaurant right in Coconut Grove, right on Main Highway and because they could not meet the requirements of the square footage and the seating, and it wasn't economically feasible to have that business without the liquor, they just couldn't do it and I think that either you know, we look at this as a whole, in the whole City of Miami I don't think there is any reason to give any special attention to these specialty centers. I think that Coconut Grove comes under that definition if you look at that area right there and I am just using that as an example, but I am sure that applies in many other areas in our community. We have shopping centers and things of that nature. Mayor Suarez: I'just want to say that that precisely could be the example of the discriminatory effect of the present statute, because if you don't have a, big enough restaurant, you are going to be subjected to these distance re.quikements, whereas. if you are in a specialty center, say Bayside, they cans enable small operators who themselves sell liquor and be more profitable` because of the specialty center exception. Mr. Ds Yurre: Well,- if we are going to do it wholesale, then you know, :I can. study that. Mr. Plummer: That's .why I thought the idea�of having anything beyond whin 3s,; allowed., come before this Commission and we=will decide yes or no and then we 3� can apply any conditions we want to the application. Mayor Suarez':"• -With general criteria. - ---� -� «.. ------ wGWU+"5 ,OLUWX-.. I►vmmlQslon meeting, applicants :would come before this Commission and ask- for relief within 254q, ■ and 1,500 distance requirements. This Commission in its wisdom ,decided is mown all those requirements over in`the City Code, take it out of tine �onAg ordinance r Mr.` PlumMex: No_sir, that' e' not true j Joe. Joe,` that;' a not eXactl�ry wade a Supretlte = Cpurts ,decision :that wade that -change around hese, 0, fr y in factj' total ine uit at that tom..: It ''also r►latad to.;filliag al►t► ' wells aw bars:' 1 �r�s hares ;"You ?sere here.. The„ inequy that aToyed'`wpg you could not put it up next to. ft school : or to a church aAd In ' of eR church f;s:r �a.=>«cbtaa% couli� 8Q .t4ad 'build'.'Bext Adoor:19u9r stork X.norequi�remont , ip ther�a+.:, ybat �►as 04e of the, r uiretn r'gas Yam►er►1:s, r x is� : x r9q 4tgl 4 i _ owe _414 that;'►as p eed -M hya lot off` *ime off the `distac4 bed; �rh tWeaA Lha�tor4s. x r mY °drat -, 1 rant o a = 1sn►� l sy � FgwMO A oyr mY j �lyl�t# #a t t g `POWU 1 0 3 f re$poa�s b ll ►� &! a d #�r�h a �� �e a 6 a s r �? 0Bo�int� po .�ipk t4..-Bst Mayor Suarezt And you want to retain the ability as to specialty center on a ease by tase basis to approve it, or as to any that want..: What Jos is saying Ire that if .you make that ordinance vague enough, every single person that wants to avoid the requirements of the Zoning Code is going to come in and ask for an exemption. We're going to have a crowded calendar here, is what you are sayings Mr. Plummert Then how do you go back, as Miller Dawkins and not discrimiinate against, the small guy? The only way you cab do it, as far as I know, is an application before this Commission and each application stands on its own merit. ' Mayor Suarez: But only as to something that we have tried to define as a specialty center. We want to allow an operator of the whole center to permit smaller enterprises within it to sell liquor and in a way, among other things to allow people who don't, can't ever have a restaurant with 4,000 square feet and what -is it? - 200 seating to be able to have a liquor license. Mr. Plummert What is the minimum, under your definition of a specialty center, what is the minimum square feet? Mr. McManus: 50,000. Mr. Plummer: 15,000? Mr. McManus: 50, 5-0. Mr. Plummer: five zero. Mr. Dawkins: OK, I will vote for this if it is citywide. I do not feel.that specialty centers should be.'given special treatment and the.poor:struggling guywho: cannot build a specialty center be denied the right to operate .a business. Mr. Plummer: Tell me how you would do it in citywide, Commissioner. Mr. Dawkins: The same... well, if it is impossible to do it Citywide, we:z should not under any circumstances do it for the best apeciaity..center because there we are being partial, that's. all. "'y; :YJ.I 1: Mr. :_De Yurre: Give the Administration instructions to come -,back something that they.... Mayor Suarez:' The only thing. I can think of,, is, hearing the Vice Mayor and the rest of us:here, is toL instruct the Administration to, come: I do;: have to say that .'we would have to build some . criteria,. 'first. of: -all; and .I';.::, think we would not want'it to be that it could.:be'.for.any location iA,.ths' Citp. of Miami. Actually, "the whole .point of the specialty ,`,center:.is to allow the guy who cannot meet the present requirements to come in as part of the large,_', r- structure.-.-and there meet it, if we made .that 'policy 'decision as to:Bayeide,.-we;: might- want 'to extend . it to the rest of the City, I don't know, otherwise, don't know. Mr. Dawkins:I'm not trying to deny anybody, specialty seater. and else. All I'm'saying is that..we should be fair, firm and equal,:.,that's:- I'm saying. u r z . And the worstto'.; Mayor, Sae :: y r thing of all, would ' be just to -.say generallq;, ,w: •,:,;`' anybody- ,can come in and apply with our. criteria.. . Well, we that -,:criteria,. but.. even with criteria, unless, the criteria; already `sarop►¢dt� ,7�d dowh. to. a : class of stores: that would ` be located .within certain structure :ahatsver. where,.- it ; mokes•t;' eeaae.: to:: do it: How is it that we >:ara',' ab7 a is ds�� s �iway with,' or exempt ;from what .is• *i State requirement?:; Isn'-t:y.1tit�t=tia k;000,,theT;41stoncing,_:raqu;aptents? t; E` H r. a ez.; Yea that is a State : a c r e uiremetit� a mayorSoar_n Ho omeL.Wo can' et y,c lea, restir.iG ..e r7�-• w_; �., �. B , t'. yy !t` 3 q t! � h � is a� d Inc t 5 r 011 iI (, J' nP :i re,Y. - - ,z,•1 r, t•F' ;...•m . r..., - .. r..... . . .. ,,. -. `-r ...- -t5.': `*.. �`J 4'f ...-, - .,.. .`'.:i-;.`::r'.a. .-. `�d9a. .... x_i,.i_� - Mr. Farnandest Size is a State requirement. `( Mr. Pluromers Site, square footage and seating capacity: Mr. Ferhandoef Distance is a City Code requirement. Mr, Piumm6ri Diatinoe is hot in the State. s Mayor Suaresa And we have used the State requirement to build into our distance requirement under the Code? " Mr. Plummors Vell, that's already there. {: Mayor Suarez: The State standards of 4,000 square feet in 200..6 "'K= Mr. Plummars That's already there. Mayor Suarez: Yes, but that is an existing... Mr. Fernandez: Well to geta liquor license, you have to meet the State • requirements, but even if you qualify for the State requirement, you still have to meet the City requirements of distance unless you get a waiver, or a rY kind'of special ordinance like Bayside' got. Mr. Plummers I'll move that this matter be sent back to the Administration for further exploration and come back with a better formula. I'll so move. Mayor Suarez: That's general enough. Mr. Rodriguez: Instructions? Mr. -Plummer: Yes, bring,. back something that is more acceptable to this. ` i Commission. ' Mayor Suarez: Moved and seconded. Any discussion? Call the roll. . The. following motion was introduced by Commissioner Plummer,. who moved,` its adop `,.: , v,• t-inns" MOTION NO. 89-472 # `' •. :- A MOTION REFERRING 'BACK -TO THE ADMINISTRATION A PROPOSED" - FIRST READING ORDINANCE TO AMEND CODE CHAPTER. «ALCOHOLIC BEVERAGES: TO PROVIDE AN EXCEPTION ''FOR SUNDAY SALES AND ESTABLISH HOURS OF OPERATION FOR ''RETAIL -r _ SPECIALTY CENTERS; DISTANCE SEPARATION REQUIREMENTS AND. LIMIT THE NUMBER OF ESTABLISHMENTS IN RETAIL SPECIALTY.... CENTERS; FURTHER REQUESTING THE MANAGER TO FURTHER EXPLORE THIS'ISSUE AND TO COME BACK WITH A RECOMMENDATION. Upon being; seconded by Commissioner De Yurre, ' the' motion wAs`,pAs66d1.,nd' adopt{ad by the foi lowing ' vote: AYES: Commissioner J. L. Plummer,' Jr. `Commissioner Miller J. Dawkins ,..: Vice Mayor Victor De Yurre 'r`:� � •`j=.r�L,m;�r����� Mayor Xavier X vSuarez-, a L. Suarez ''f NOES s ABSENT: None.:' ,.. . , _- ' •. , - ... ..a:1- 4;:t.;':"�-:'',:`��>.:',:;;;;�;;..�,;�:.;_�t_,�„.::p�ry'; _ �'w4, wa a.9` a'ti1:4fY .•.I'l:F:i..,'atrd'.'�, j f 6r is•Y•�_`,M',•'�w-,YaM3>'P.qY>� — .. _ _ _ _ - _ _ _ - .,5:'+'.'iz gip."+•�i-�:�a',£i:°:3;ai+4r�"A �cr^�..i"-,'��-3 ABSTAINip;. - Co_muijssJonar�`Rosaria' Ke S:y.t,•r�._. ,:,•,`;_ ,. `�♦'J 'i A, Fi =AU�.1NG''�.ROI.L'`CAI:L i e' ',- Hires:: en 'ed =, _ ,Y- ter; .T. .:t•:i!!; - ..70.; :. `'-:1 :lti {: R;: l•,_5'.:5; v-1" ..i•^^t-' .. i': .-A.- 'S' tG^ y !!w �h F'+w � 'k. _C .3 ,r Vd 2 g.nor. Y k' . r ... -.•.ice .. ..., .c. ., .'" - � - ! F :r. 4 S t' 'f ' k S h j. I � Jy - - h .3{ 13 ,. 4 i .t:. .-Y,. ..:^.r,`y :1wl.'.'•.: :r .f",`ki '�Ae-••r-h:. w+1tit.::: ..- .-t t�- e •,V )' ..' °;'� `•fi: �. 'dayy,p u.... ._ r,:!'�. - _..- ,�Ti'..:'.I. "_. '.,y..., _... .t ... ._: _3 .. ..- •... .. ..�I ..:. .>.a. .. j•;"!"v'A `.b:. .. _', i... ,.. ..-,...Y'::�aw... ,r.Y.. >e:Rx.� s �3--. � :'YAtY4iMi '—t(~�1MsPY.dg1�,f <PY'�+!�tfl•Ai 1. APPROVE CLOSURE OF EAST -VEST ALLEY LOCATED WITHIN BLOCK BOUNDED It N.R. ' 7STH AND 79TH STREETS AND N.R. 3RD COURT AND THE FEC. RIGHT-Ok-WAY AND THAT PORTION OF N.E. ISTH STREET LYING WEST OF THE FEC RIGHT -OF -VAT. Mayor Suarest PZ-4. Mr. Jim Kay: Mr. Mayor and members of the Commission, item PZ-4 is a <>: continued item from the Planning and Zoning meeting of April. It deals with the official vacation and closure of an east -west alley located within the block of NE 78th Street and 79th Street, Mr. Plummer: We've already gone through this. We technically approved it at the last meeting. There are no objectors. He made a proffering of some kind of a voluntary covenant. What was it? Mr. Steve Holtman: For the record, Steve Holtman on behalf of the applicant. It was deferred for the purpose of considering the contribution. We're..i Mr. Plummer: No, that's not true. It was deferred for you to talk with your 1: client �A Mr. Holtman: And that's what my... Mr. .Plummer: And your conversation with your client resulted in ,what_ voluntary covenant? Mayor Suarez: It's a.good thing -we didn't swear him,in because if it is'' not true, it would have been perjury. Mr. Plumper: That.'s true. Mr. Helfman: We are prepared to... Mayor Suarez: Let's get you sworn in, counselor, as long as we .have :this�' requirement that I opposed. jn = "a F� (AT. THIS .POINT. THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE � NO. '-; - `;;:' "='= 10511. TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.) Mr. Helfman:. It!s, the hardest $5,000 I ever gave away.. We're prepared to • ' ;',..;' ,, make a voluntary contribution to the City in the amount of' $5,000. Mr. Plummer: I'll move item 4. y4Y Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Let the .record .reflect,:::'::.... that no.one has come forward to oppose this item. Call the roil.:. 'following The resolution was, introduced by. Commissioner Plitimm#r' ,; ,who moved'its;adoption:75 ; RESOLUTION N0. 89-473 A RESOiUTION. CLOSING, VACATING, ABANDQNING. CONTINUINGDIS"THE' PUBLIC . USE .OF :.THE: EAST- S T:. AID' = f, ;'ALL Y _ LOCATED rWX1'iixN. . NORTHEAST BLOCK BOUNDED:': BY; :':;78 : A' ETS,NOiiTHBAST . 3 'COURT AND;' 'THE.'FB RIGiiTrQ'rW1g+ i WELL: AS' THE .EAST. +. 43:_3 +. OY:.TA.' PORTION': 0 ;N±DRA STRE)iT- ; xi iO • WEST'. tji' THE ` Z N'FO t.� N THi3i NOR" PSATIQW:-, P' 7V Sxi So F 0 7. A t.. �Qraa��i4r OF 1AEPItOV,:O1TAIVE.'N�3i fr'" .�i- ''.a=• ,p .mot tr �`.,.�Q Oil - i r. _ fir`,">: 1.'._ • _ S yam. K. r �f• L_ - _ - - — - - '' i".�-.<.i4`✓'n�l'o- ` • tl .3atri1'"�1,' y�4.i'.+ } r `"t •r;.�'�a�'n`� k+�'i-4�3: at n, �.t.,,�lip���^,E _ ----;: 71 'Dpoit being sveb tiled by Commieefthetr kefthady, the resolution was passed &M adopted by the foiiowifig vote: Out J. L. i+lumeet, Jr. Commissiot►er Rosario Kennedy Vice Mayor Victor De Yurre Mayor Xavier L. Suarea 1ROES: None. ABSENT: Commissioner Miller J. { Dawkins a. DISCUSS AND TEMPORARILY TABLE APPEAL BY MCDONALD'S CORPORATION - to review the Zoning Board's upholding of the Planning Director's decision to approve a Class C Special Permit at 3501 Biscayne Boulevard, with certain modifications (See label 10). Mayor Suarez: PE-5. Mr. Olmedillo: P-5 is'an appeal filed by the McDonald's Corporation. This was a Class C Issued originally for an off -site parking facility on a lot which is located on NE 35th Street. We. applied some conditions to the Class C., •The neighbor to the west appealed the decision of the Planning Director' of issu. in ce .of a Class C. It went to the Zoning Board and the Zoning Board upheld ihe.dscision of the Planning Director and in addition to that, they. r included a six foot wall, six-foot high wall on'the west side of the property,' speed.: bumps, to protect that particular,. neighbor .who was appealing- the. _ P y the decision decision.' Nov the appellant in front of'you today is appealing E -,of the. Zoning Board, which upheld the decision of .the_ Planning Director. and. ; added this two conditions the wall and the spied b Mr. Plummer: So then the appeal today, the applicant is McDonald's? Mr.-`Olmed McDonald s, that is correct. .�'.. Mr. 'Plummer: The don't want to y put the wall or the speed bumps? Is that the basis? yY Mr. Olmidillo:' That is the basis'of the application, yea sir. 4;;k Mr: Plummer; .:OK. Mayor Suarez: What happened to the objector? - YMr 'Plummer: Well, Iguess the objector'was appeased rit.. Mr. 016-edilloi The original 'objector at that point was' satisfied' because' tie Zoning'Boar railed in a way for her because• they -added a Vall, a"six foot- wall; -F4 on the west .side of the property and if I may show on the transparency.,_' you have is Chia parking area is the one: under consideration .toile y-. z. Mr. ,Plunmeir: Where is the residence? n ? Hr...Qlinidillo: The. _ residonge i$ tiara. f — - fir Zurimeri . 'Oh this s as A cff-site? t' rm a :r•'r Mt. t70lmoq- 'This he: �MG ;' t Ald'si '3s .Qcateii'. here-.,aydz • '. � y ql i:;an ►e `e. In: *40itioa''t:'t{�st ttp�pp Oyu s A.t• •!b z••:'S'•`7;F.! r�ir _~Moil -r.}?i�j„- - 4 rY a it atr ct; ;aafd. hued he: lake V0 1i a71 tine ;'is '._ r - �Qtt+d��FIQAe�'�iucti'�s=iiav e e buffer her � k:r:...��. nti °t}e south,. .:. ;o_..the,; $4: e ` tait iti *gaai�i "tha .,yeast" AMP 't: 4•: .�E �:Yg'_.;�-. ��,'r-id��:� ra tit,'e'Y.-.7e;.: `:i �':�.'�'^�:fi:.E`�Yr �, ��'�e �� ia? „��kk<�y�', .}"�''. -- A ».... a. ,...-',7,.i '%.i...-, .r.............. • ..,_ - _, .:..._:.- _Y f �'']+ir�..m._;S:i%�'i'. cam.:.. _.. »,.._� - .,. _ ...�.... 5„_� _ , _ :'+_�^-. ,,...r. . ,a ,, fin,. t, 4a`�--fir s , rP•F ark �r,{ � s't : �, ,� 4 fir Mr, Plumert In other words, the opposed party is actually going to be oahtered between'two Oarking lots. . Mr. 01modillot The, originally opposed party was this, but the one that you have as appellant today is Mebohald's. Mr. Plummert What is to the east of ghat is called public alley? y Mr. Olmedillot It its a public alley, there is a house there. Mr. Plummer: Single family? ski Mr. Oltmedillot Yes, air. Mr. Plummer: Is that a solid wall there? Mr. Olmedillot That is'a solid wall, yes, sir. Mr. Plummer: -That's not under consideration. Mr. Olmedillot Not today. Mr. Plummer: They agreed to that. ' Mr. Olmedillo: They did agree on the record, but they may bring it out as Oart _'of the appeal. Mr.,Plummer: OK, but I mean,'they agreed to that. There disagreemeut`'is over a solid'wall in where:the round circles are? Mr. Olmedillo: That is my understanding, yes, sir. .,.:' Mr.- Plummer: is that objector here? You are here? OK, for the record. Mayor_ Suarez: Ifwe must hear from the property owner, we will otherwise.::_' we don't even need to swear them in. =:,r Hr. Plummer: Ma',am can I ask a question? - because o q - you know . my. :.'; total:.opposition. You've got to come up Ma'am and be sworn before I_,.can=ais�C'_`;;.,?' �ou' th6 uestion because I have a. .`': _ iR, •- Mayor, Suarez: And just in case, swear in too; 5 please. �': '-,•:; 1- Mr.. Plummer: Swear her in; please.-. (AT: THIS .POINT . THE CITY CLERK ADMINISTERED ' REQUIRED.: OATH UNDER. •ORDINANCB. O';'`', 10511'':'TO THOSE= PERSONS GIVING TESTIMONY'-0N THIS 'ISSUE. ). Mr. Plummer-: Ma:' am; for the record- I' have .an. opposition: -to solid' -,*a think. 'he i an' do it'.a .lot better.. with,;a'louvered:• wa11 which ';°el'lows 'a r:" ... i light`.' : Wouldthat suffice for your objections? A solid wall. cuts. off all, of your. ventilation, it cuts off alight, so that's the reason I'm asking Wauad` :r'",.`, .4� you :rhave' the same feeling about.' a louvered cone=ate, which: 8l'1`own:.'-'air:: others -through it?: Ms, I :Margaret Johansen: How high is it,? r :..; ;•,_ — r• P I ummor, : Six foot. H� t , 1 r s;'rY - `M$. Joh'anae�i; Six oot?r It - - - ; € s ;the satce .hei • liss, g'' ua�merx. °n- Y4�t ` i'Mil eai ie une : i s Think- 'about ;,it: du u QK td. o o ed , pp . a - 9 solid • wolfs: _.:,:. _ •;sir' _ ,fir•, a'1 P X. xa r, .�ky rt�r :ri:'-!SCQt � K�amsrt' :M • �r.:�tayor: ��Comaios�onera t► ? .,..; . . y s Y,• /�-1.QM0y...4. f4ii+0 .�%:�ifi'�aii��t���' ... �'.' •5� ',b,s?;*,t^ �, B 'jiQ{tZ''�$ta�`�`-' i,'. >�}F(.=e��w�#...,r;>r� ::i'•'A, •i' i J r:+ r <f. .-P .�•�M. `�� �4I�^:� :'.a Y1f0��ey i.'•d its TA'• •, `•k�: :f - ,.� �' fir-?.e e" :'it, '6¢a'':�::;•,v �:;'.;;:,:..:';=',�,..:.•:t.,r�'<.. �' „t�,`z ..� '- - ,N• air:. - t 4• a.> r ti. v i rL r _,:..-_.... ........,...,'a,.4a1h._.s.,t=si5+�.,... .. •. i';tL:6:...-.. ., ..,_... _..._ ...-,, ..... ., .. -.., ..._ -. - r_-. ... _ .,..--._.,_ <-., s_...,,... .,...::ii.:>t.. :,...._•t�;:5.._».... 65.$'hr�i.,• ._ Mr. Kramer: by firs: iaf Michael Colodny, for my firm. Plummer: Are you with the City? Mr, Kramert Am I with the Cityt by specific name, no. =":5 w' Mr. = Plumher: Would you thenregister, please. J Mr. Kramerx Yes, air. (AT THIS POINT THIS ITEM WAS TABLED.) FY,, 9i GRANT REQUEST NOT TO PAY MONIES TO THE CITY FOR FAILURE'°TO FILE APPLICATION: FOR - TAX-EXEMPT' STATUS BY CODEC HOUSING PROJECT (PENINSULA' HOUSING DEVELOPMENT) - Reimburse organization for monies previously paid :> on account of their failure to comply with current requirements. Mayor Suarez: We have the Finance -,Director here finally or somebody here can explain about this item? There he is. Mr. Plummer: About what item? Mayor. Suarez: .I .previously tried.to inform the Commission of the CODEC'Inc'. (Community Development Corporation, Inc.) emergency application for relief, .based'' om: . Mr. Carlos Garcia:. CODEC:.. A: . Mayor.; Suarez: , I'- thought.. every, Commissioner got a • copy.. = Mr. Plummer: Did I'. get' a copy? 'tau' Mr. Garcia:' Jeffs had. it.. . s the ' principii ;-oMa or Suarez:Based on Julio -De Quesada's deathand he wa CODEC;:and:they.;didn't,.pay.the...'well, .they didn't apply.:.for. an exetnpt,ion °s. _ r, Mr. Garcia,.-,,: That is:'.the reason. They did not file for. a tax exemption in'; bade ".County, .therefore they got a tax bill of which about, $35,000 :are:. taxes:=,rMy. understanding is.that:the County waived or. reimbursed them for .the.: `4 x Count y . g.: =F y taxes and if the City wishes to do so we could do the sa:as ; thin otherwise,,_that:tax will:become delinquent' -. They are .. ' Mayor:: Suarez: And .what ; is' the -nature of .the emergency? f., considered at: a. subsequent,Commission, meeting,, after' the, Commissioners''-hasre`::l a' chance to::: Mr* .Garci;a:'.. Because taxes will become `delinquent by< the: end:- o£ the:>month attd.;` a: certificate could resolve those taxes and because this project was, f inan6ed ;, by HUD ,-•that is.almost like defaulting:on.the mortgage, d'i`Y,•- Or. Plummer: . Where, is this project? �kV 1L s :.� rs ; a — FC at. It',<�fs `1919- NW15th Avenue.:.1. .,.' •r,'._.,:?. i.- >F a, :th i s .•our'` nPr. ¢ot?,� -the', one, ua� s°. t le 4:;�t�:�=has�.be`. - invo, diffei OOt�,lvroject? `" ,�);✓- . a; ,,ttrr,what? c y {s t. 'is• B _ a �#A: ,i1 s, : I' th1.Ak : it la-. - - :-;;:•' , f �r., � <.`-;' :,.�:#;,�.. 9t. 5:- :y. ;-:;i; <.f ,'•.y;, #kh `'.:. `#. :I,`:;,;•,' aq,c:.lxmu t�om�)) s: q" ty, 3, r. .,, _.-:. ,.... :,_. ,. -.. *t ...,'�`r .. _..r.-,.�.. .....ra.:»r:`,,..,-�:._'...-ass. d,. ;�:Pr�.. .._ffr.-a:-'s: �`i .t.1.. i`:._zia:',S...a:.<<a�n::;,a..... �r�iiz:;:rr.•ni�z.,r��.�Z'S�sn;:ti!:`rtES,t��,. r ii WD9 M Mrs. Xebh*dY: And YOU are asking us to reimburse them? Mt. rsbrsgjaj We're asking... MA-y6t SuAt6t3 To 101ki'Ve their taxes. Mr. rabregtat-6. the same that the County did, which is a reimbursement of the taxes' where actually, the City would reimburse the taxer;; to CODIC. Mr. Plummers Why? Mr, Fabregafts Because It Is a nonprofit organization and due to the death of 5" the past director and the confusion that created, the exemption was not filed on time, Commissioner, and not... Mr, Plummers Wall, Mr. Garcia, is that a normal procedure that 'We exempt them Es, - from the taxes, or rebate back the taxes? Mr. Garcia: We have done that for several organizations, including 'several churches, including property owned by the PBA. Mayor Suarez: But wait, he asked you a double question. The normal procedure is to exempt nonprofits form the tax. Mr. Garcia: That is right. Mayor Suarers They didn't do that on time, so now, the question would be* have we ever waived it after the fact, and I think... Mr. Garcia: yen, we have, severaltimes. Mr. Plummer: But are they still paying County and School Board taxes? Mr. Garcia: They haven't paid th . ese takes, that's why.-.. Mr... Plummer-. No, no, are they normally paying... would they normally.,.,* Mi Mr. Garcia: They sire —not supposed to, because they are a,- tax '-exempt organization. C Mayor Suarez: Did they in fact got a -waiver from the County? Mr. ,rabregas: Yes, air. Mr. Plummer: And the School Board? Mr. 'Fabregas: Yes, and the School Board also; Mi. Plummer: Let me ask a question. God rest the gentleman soul, beciuso`,Oe. was a nice" guy. ap �P Didn't I read something recently in the can4ai"::'�', er about'.& it with ' t hs CODEC? _p r i Mr. Fib *gas A That was actually A Mi I 4 �11-1M, Miami Herald fabrication, a r. the tir Mr. Plummer: .4 Well, that's not been unusual but I am just saying,:,,_ read'somethin,g , about. . Mr. FAbreeas i 'Yen you did Commissioner and vnu r ad the - 161 nw via" .-V tj ,ties. with;or' act was 113 at e had _bd&A0rjia`;, It was. the" Cisti `rican Nai'Lontl,Coufci,l�,'which ..Ii Sri anion C t pqrop _'o pIb ,- ', 000108men t" 0 1? C Ind Y Upmerl Arid the �-Finance,::Departmnnt has.s., c I arif,:14:tins V a 74m, 9f,#,itq4t. Pik :`woo':' a 'ro.0 6,0 A91 re Moral not I- d :artb 177 141Arti, Y14- , f• i 4. t �4 l � - � ar i lr. Plummars Thank you. mayor ..Suarez s Anything further, Cormrsiasioners? If not, I'il entertain s motion on this. Moved. - Mr. D*,Yurrel Second. Mayor Suarers Seconded. Any discussion? Call the roll. The following resolution pas introduced by Commissioner Kennedy, Who moved its adoptions r . RESOLUTION No. 89-474 A RESOLUTION -RECOGNIZING THE TAX-EXEMPT STATUS.,CLAfMED BY PENINSULA. HOUSING DEVELOPMENT INC- It$ A CODEC,HOUSING PROJECT IN SUPPORT OF ITS. REQUEST FOR RETURN OF MONIES TO BE- PAID By IT BECAUSE OF. ITS FAILURE TO, FILE AN. APPLICATION. FOR TAX-EXEMPT STATUS OF PROPERTY LOCATED WITHIN THE CITY OF MIAMI; AUTHORIZING AND INSTRUCTING THE FINANCE DIRECTOR TO REIMBURSE SAID ORGANIZATION THE -AMOUNT OF $35,651.62 SAID SUM BEING CONFIRMED AS THE AMOUNT TO BE _ RECEIVED. BY THE -CITY AS A. RESULT OF THE ORGANIZATION'S NONCOMPLIANCE WITH THE FILING REQUIREMENT; FURTHER DESIGNATING PROPERTY TAXES ACCOUNTS IN THE GENERAL FUND 1 AND GENERAL OBLIGATION DEBT SERVICE FUND FOR SUCH y REIMBURSEMENT. (Here follows body of resolution, omitted here and on f ile in., the Off ice of the City, Clerk.) „ Upon being seconded .by Commissioner De Yurre, the resolution_ Was 1passe'd and adopted by. the following. votes AYES: Commissioner J. L. Plummer,Jr.+ Commissioner. Rosario Kennedy. Vice -Mayor Victor De Yurre Mayor.Xavier .L.• Suarez' NOES:... no. ;=µy ABSENTS Commissioner. Miller J.. _Dawkins Mayor. Suarez: How are, we ,doing on getting started on the Civic .Conter.'aite Mr. Fabregas:,Yea... Mayor Suarez: You are no longer with us, right? - with the City? t z; Mr. Fabregas:. No,. I 'alp still with the City',: bl{t. I am speaking for the lack of representation by CODEC here, and I'm... rr. Ma er Suargz:: Well, I„see the. chairman .of the. board of...tha Cuba National y . � . 1 �Plannin :Council back there. Go ahead, tell us, Jose. i:.w?. ' - .. _ �'' Sin--�:. t:r.. • .! '_�`�;:: ;'" k r a ell` le e: tel ou th s3~ .a u o 'Civic' :`enter i:'' he`_'-:.. r'.• s M 1 Fpbrog s.i W - ,; ,m 1 Y P-: t t $, fi . .. ;. . following, `There are.'23 unite that have `.been separated'tiiith'.$ %► z F ;doasmitl>;pnt f zom : , Barnett, Bank: ,has' been; iven f ors ssnanent;:':.Q,am k x,_,, ' construct to ri'. The sales .traila• it` is o oa ext`':rree k yt a t ad i si cam a n wi a or :.very eo ?r' ►ey , e t i ag p. ig 11 t off; i, - i - - - z J t' f, pr a,3Y _r e ..yr F:. Sill :: •' � ak _[ .., :':w N, t. • �c'' as: `.Gresu d :b+aski e.. tape ..s►31:1':. a - : #o ye >:c '��':X. n s. - -'}x. - ,rl•:r: _" .'J�};';y;x. 3..N{fit,., .7.i ' +1°.:,",a;.:•u:, •A• ( .pit .y . .1 ik y5` e` Al MA t;>44 u y r:, •s. 0 u •`(' 0',3::. .T ,r��e /!. � .rd ..1�'1-`. ppW'•. r,•. .'.Y.. .�-�,n. �1: r ,j. .».s" +V' `' Yui1'. '-e•tn',..,vrc,• ,. •� A br L :'Y; . . L. :l t;'� x', rf } '{ .�k .1..: .:�•, ..f-,.... Y`''.! 4^lr'.^.-:. A'i, '•I'r`: �.:.. Ni-�.i.�. ., `.e. n-h:.. y.q i'.. F 9p1ytl `;2• { Q a :h x`.,,';.` •5: ::'. �';�..•.>z=•rt+�= ad> 'k4:.Pi `-�°: i.rG'IXi ,3Y F'(''.i? `4• rJ .. � P �1. 'T�'.•zi: '^,� -'Yv_'' .xkeT 1 : 4 - a •;�, sic; .'�ii,;,.: `i L. t - " - y T� Mr. Guarion6 Diatt Not Mr. Mayor, I can be more specific. We expect to break ground some time in the bummer. As a matter of fact, as boon as we..: Mayor.5uar6tt Remember those disposition agreements that we gave in this and in the Melrose site, as another one, to all have some limitation, we cant wait forever. Mr. Diaz: We do expect to have it this summer, once we have the trailer, and we have already almost secured the bank loan, which was another matter that was holding the project. Now we have a very firm commitment with the bank. We expect to have the papers within a week or two so definitely this summer we do expect to break ground for that building. 10. (Continued Discussion): APPEAL DENIED - uphold Planning Director's ,.decision to approve Class C Special Permit at 3501 Biscayne Boulevard, to allow offaite parking for the McDonald's restaurant, partially granting Ms. M. Johansen's (aggrieved party) request for modifications which will allow the erection of a 61 masonry wall (Applicants McDonald's Corporation) (See label 8). Mayor Suarez: OK, air, your item was PZ-5, right? Mr. Olmedillo: Yeso air. Mr. Plummer: This is the appeal to the appeal. Mr. Scott Kramer: Mr. Mayor,, Commissioners, McDonald's concurs. with the original recommendation of the staff. In order to get their permitting, they have no objection to the landscape and the buffer on the west side. The •wall on the east side, having the entrance to the parking.lot on the,southL.xide;,and' the, parking facing the east side, and they concur in all of `those. They agreed to put in the landscape and the buffer along the west side, which the - staff itself had felt that it adequately., protected the Anterest of the City - the residents and was looking out generally for the City's interest', and not: just;, our, interest and we concurred and agreed to do,:.everything-'�',Eheyhad,� suggested. Then when we.went,injront of-tha.Zoning Board ._they,hadsuggested' t.hat.we,. against. A he staff's recommendation, they :suggested the six foot wall on the vast - side be, put.,, in and the speed bumps be. put In and ;there are number. of -reasons why. McDonald's, doesn't feel that., this interest -of the. -City -in,general, or their interest in,pirticulari,iu-,which ve;, have to , look out for both interests.- We have to, keepin mind, in this, particular instance that we are in a commercially zoned ar'ea:.and..McDona1d1s has tremendous.empathy,for the,residents and-obviously,we have to be.'concerned .-.. with the residents,, because those are the people who patron our bus ness, and by the same token:.we have to make sure that. we do the, things--w4ich are financially feasible and don't hurt the,Cityls-.interest or their Interest. Mayor.Suarez: Now, the recommendation by the Planning Director and by F,the Zoning.Board were both favorable to the applicant? Mr. Olmedillot,. The,Planning Director recommended without the wall on the west #ids,, and without the - speed. strips, speed bumps. The, Zoning Board, as you know decides on,.these mattera,,- unless it. is. appealed,.,. bif 6 decision, of, the Zoning,. Board was with the wail. and, the addition to. all the other conditions contained In the'Class.t. Mr.: 'Sergio, RodrLgueztBoth, of them favorable. Mayor, Ouarezu. Favorable, to... ?* Rodriguez: 8avorable to -approving thi --,Ciais CpsrmLt. here Cie ` as to t4o level of onditions .that w —The 4 'without th Mr. Kramer; , stif. f bad: recommends tits4-44 vriK O_ it rec,0a d d Without d '4 hi 'a bu X wJ MA. -A, • 404 r 0 .4,7 -'a d 1,.t'y A q Ad F Xrlk YfAk 0 440-1 00 *004 441C Mayor auar6te You would like us to reverse them that as to those two iasues. Mr. Kramer: As to those two issues only. Mayor Suares: And the objector is otherwise satisfied? Mr. Kramart 'Yes, sir. Well, I don't want to speak for her, I'll let her... Mayor Suarest I think she did already, no? Mr. Kramer: Us have a number of objections and I don't think they are without grounds. Number one, with respect to the west side, they are putting in an sight inch curb there and besides the eight inch curb, we are Eoing to have a ten foot buffer in there which is going to include landscaping, which .we as well as your staff, felt that that was satisfactory to protect the residential property, which of course they have their interest which they have to look out for. It is going to be pretty difficult for a car to drive over that eight inch curb and moreover, you are going to have the landscaping out in the buffer after you have that eight inch curb. Additionally, they are very concerned with putting the Mall on the vest side. If you have a wall on the east side and you have a wall on the vest side, you create a crime problem, because what is going to happen is we are in an area that has a number of halfway houses... Mayor Suarez: Oh, maybe I misstated it then. The objectors would be satisfied if the wall was put in. Mr. Kramer: That's right. Mayor -Suarez: But they don't care about the bumps. Only -the Zoning Board cares about those. Mr. Kramer: Well, the bumps, I think she could probably do without the bumps. It's the wall that she is concerned about. = i Mayor -Suarez: And you would like not have to build a wall. Mr. Kramer: Yes, air. And one of the problems with the wall is this is: an. j area•where there°is'a number of halfway houses, drug related, alcohol related,- . and there is a lot of crime in this area. -I am sure you all are familiar_with:, s `it and what's going to happen is, we're going to put a wall on both sides _and _ # you are going to be creating an entire walled in area where people can go.;and congregate. They know there's not going -to be- visibility :from the street --for police or anybody else to see in and who knows:what's going to,happen. It's our belief that it's going to do more harm to her property than good to have these, a wall' on - both side where these people can congregate and -it.I s... going -to crate -a situation where nobody can .see through. If .you had the,_landacape buffer,- then at least you can see through and it is going -to;;-deter ;these people from congregating around the parking lot. f Mr. De Yurre: Let me ask you something. What will be the cost of building that wall? You have an idea? Mr. Kramers About $8,000. y `Mr. `"De Yurre:7 - $0,000, and you'd be willing to, give. -the _$8,000. tQ, tha..lady. next 'door ° for•'not ' putting up -the wall? j a fia qe 8• ''Mr.. Kramer: I don't think that's her concern. ' Mr. De 1 Yurre':. No, '-it : is 'my concern, that ! s why :I . am ask try in8 Mr.KrOK"` that-'s, - �'. Da Yurras f if your issue:. is •• sot the. MaJl, -buL t tha�� �o�s;e$uanpps��#��t���,��.��•� f f tic. KramOr: 1�1e11, eo,h its evergtbing �pa }1a pup - kerverghlag,is'se aos�esrn¢d s<ith �►#l+�t3� goi� �`'► �we#ii i�.a Boss ;to ox+aste ; s dime pobl+s #or the►ar?±$gtt,�� conG�rn+�d �rf h, = ahvir�t alq i`inaAce$. � � �� A# ridgy.}t+°N4w*'NAf4YfV!"f++Ak'S��*MfALICPGd IC4hV4Y4iSf".'�4`f+.' Mr. De Turret Well now, let's deal with those issues too. Don't come here just... Mr. Kramert Well no, that all rights i'a► going to get to that, I wasn't through, I'll hit that if you like, now. Financially, if we are required to do this, it is going to be very expensive. That's not the only problem because If everywhere we build our parking lots, we didn't take into consideration the neighborhood surrounding it, then it would be bad for business and it would Just be generally a bad idea, so that's not our only concern is finances. It is one of our concerns, of course, but we feel, and your staff felt, forget Meftnald's, the staff felt that when you have an eight inch curb and you have this ten foot buffer with the landscaping, that's more than enough to protect the interests of the adjoining property owner. The other thing is, the driveway, what is going to happen is, we're not going to have... one of our concerns originally in the other parking lot was that you had parking along the back of her house. In this particular case, we agreed to put the parking along the east side and the only thing that's going to be along the west side of the lot was going to be the driveway, so she is not going to have a situation where people are backing into her house, which presumably, was one of her concerns originally when they went in. I don't think that she can argue that people are going to start backing into her house from the driveway and therefore we need a wall for that purpose to protect her from vehicles and I think it is obvious that if you put up a wall on both sides that it is going to create a situation where you can have a congregation of all the kinds of people who are in this area and it's going to do more harm than it's going to do good. Mr. Plummer: You can put up a wall that you can see through. You can put up concrete up to three feet and then put ornamental iron up above that:and,you can see through it and the landscaping will take care of the rest of it. Mr. Kramer: Well, if that was the case, maybe we could consider a fence to':put up. . Mr. Plummer: I am not talking about a fence, .I'm talking: about a wall - ,that, goes, up two or three feet with concrete and then you have ornamental iron In between it, it looks good. It doesn't look like an armed encampment. q Mr. Kramer.:, We.don't have a problem with a three foot wall. n Mr. Plummer: No, I said three foot solid, then: six-foot with. the, ornamental. iron: Hey, one of, the biggest businesses in this community -.;_today a unfortunately is solid wall, bars on the windows and burglar alarms and I just,, don't like solid walls. That is just one speaking up here, OK? Mr. Kramer: Well, with respect to the walls, we.... I think ,your staff `;.would ® agree that in this particular instance that It wouldn't even be necessary to put up the wall. We realize that the property owner wants the wall. By the same token... Mr. Plummer:. Sir, you are beating a dead horse. Mr. Kramer:: OK. . Well, the other issue then, and I won't -.do that, are the, speed bumps. In this particular instance, with cost now, I don't think it ',a necessarily it is not the biggest concern, as Commissioner De Yurre,.you know pointed'outi earlier, .and "that im;•spoed bumps in _this particular case, wouldo more: of adanger.,,.I think; than a.safety measure,,:because.:you ;sre de:aXiag very, Very .,small _ area., I Im.-,not sure how long the parking, lot itself but'., Mayor Suorort .,We'.re,talking.,,about speed. -bumps" within the, parking to q Sr i` Mr Kramer; Within,, arking.:.not, ''What'! going. �szk' • p g to`. happom is ,Peold are #,;_' going to be... during the peak hours, people:going to be.,alotoigg down htoti" 4� s go ovor the;= speed bumps; and,, you create :more. of: a hazard with cars cons�aiyakiy! ij`' �� y� bumping into each other. lr Ae Yurrs: I don It sea where that. c¢n ` become a hazard having a epe+�d theyp: x:F �cou 'ar+� .talking aboy� in the :pa i , , f�r�y�;€, rking to taAl�� �:i�� 3 Y' F.ki'T'i tf yy�, Q{ ♦ {fi ' tir�k s AR�• ��'�IAle�3e`:+�ig-bt f} ... d ^er.r' / Cat.lt rti z ,t�� as ��. ew. vz. .x. ..,t _r. n�. .. _. . .. - r yr r, _S �.n. _ t�',..a..l ..... .. ,'? ..i ., .- .__,.x:•'?".`Sr f..>3'�.z#�.'r'm,•�.. ... Ste' 6 • - ..{ i7 .. - ' Mr. De Turret I don't see that:., in fact, my concern was with the nelghbor there is that you know, it is going to be horrendous living there with parking to the right and parking to the left and parking behind and she is surrounded, you know. And one thing, if you could avoid, not that it would be a danger to her, but just cars maybe just tearing up and down that parking lot at night when there is hardly any cars there. You know, speed bumps, I'm more in favor than to do away with them, to tell you the truth. Mayor Suares: Yes, I don't know about the speed bumps in that small a... where is the lady's house, the objector's house in relation to? Mr. Plummer: May I inquire of her, Mr. Mayor, if .in fact that a... Mayor Suarest And it's zoned commercial... I'm sorry. Mr. Plummer: ... three foot solid wall with the ornamental iron up to six feet is acceptable to her with the landscaping? ?'x Mayor Suarext Yes, please.:. Ma'am, you're nodding yes, but.maybe we ought to let the record reflect she's saying yea. I certainly would vote for that, _ Mr. Plummer: I would vote for that. Come to the record, Ma'am. _r Met Johansent Margaret Johansen, 325 NE 35th Street. I would not object if it would be a four foot with a grill on top. 1-have-lived now since 185 with — a parking lot on the west aide. They would not put up a wall at that time.= 1 have had my home hit once. My car hit once in the driveway, my garage apartment hit once and that is why I am adamant about a wall if I can get one. Mayor Suarez: Well, the Commissioner was suggesting, Commissioner Plummer, that sometimes that's better, that the effect is:better'if you -have a -`smaller wall and you have ornamental iron from that point forward to... Me. Johansen: That would be fine and I don't think a tour foot' -would` makeza " ny:. differencewith the three. I'm... '> Mayor Suarez: He was suggesting three feet so that you would have a better .;: view:of your neighbors and'so,on. Mr. Plummer: Ms.'' Johansen, I said three feet because,' s � It will .still breeze through,: - it, will -let, some light through, but it still gives you the= protection of what you arelooking for. Ms. Johansen: One reason of the wall,.I havehad the air pollution on the. west side of my -house now for -the two years -that I..have"kept--my.windows Closed on -that :side ever since the parking lot was built. :,43 I Mayor .Suarez: Yes, that,'s 'goingto be a condition of the commercla1Zon'ing of your property. You are going to be next to McDonald's and you are not, -going ,:_; to:be able:.. I don't think the wall ie going to... =r Mo..Johansen: But I hate to put the windows down on the east side -.too, .you know? But I would go with that, Mayor Suarez: OK, if it is a matter of a foot I don''.t think. debating, this much more -,-because we have other ' items-. Hoer high pould :.you.;.':ba. ' 5- proposing the rest of the, fence' to go? M*+t x Mr. Plummer:.. Three foot solid, up to six foot.... I'm sorry,_a totdl;,p foot,, three: footA :Xolid," three.: foot oraam►ental. . -. Mxt -Kramor: ' : That . will f be�- accoptable, = Comi isal On or. lrs. Kegnedy; If that's the motipA, second*it i L ,Y• ,51ap- .�layor. Susraxs Move, it. P ;j64 -what +G nY^ krg' MM •y- l.l A+ t ti.. aid ors fo- i SEE x .t r, t• r i x a !, - ;f _ .: �:•.:. _r' - ;ate' .j` .s ' ys u. ) _ a} - l +i 1 - - S., - r r �t "-r .r `E§-r ;'#E, .r?^!)Fy'• .':'Y"j`-• .. - _'i'/1/-.2a-".t, �tL'Y3i. :,°6y .k'i,- 1- ..R•'.•'i?,.�� j, t •,l•,. - - - r�;t;.-:7':•a'�`F- - 'i yn++�ry�{yji,Yy,"Sq 1f�,i�'ik< , r,}.i`.tt-,- f}"If:� A i •. i.')k ��. c .: f'r"Pr .?9�#j��. iV€.l:l�:t9,`.[E+.�,�� �FZiC: WiT -. -__ _ ._ - w ram'— Mr. Kramara She had expressed to me earlier that... no, the speed bumps were not... ?' Me. Johansen: (OFF MIKE)... the parking lot there is one way, I *as no, 11 objections to speed bumps because.... Mayor Suaret: Ma'am, you are going to have to get on the record if it is that l } long. I thought that he was trying to indicate that you were in agreement on M= that, weren't you? Mr. Kramer: I didn't think that she had as much objection with respect to the s't" speed bumps as she did the wall. ;{ y , y y g, you have to say it on then Mayor Suarez: Nov- if you vent to say aomethin record. You have to say it at the mike. Go aheadi come to the mike. Ms. Johansen: If you can look on that map now, as the cars come in from the 4�= :( north, on the back parking lot, they come down there, they make a turn and;t } the come down to the other y parking lot and come through Now, these are cars that are coming.north on Biscayne Boulevard. They get the turn, the.left turn- r••` light, they come .in through_ there$ come through Taco Bells, they come across " { 35th Terrace, they come down and come through McDonald's parking lot and they =f are speeding, they go fast. Now, you're going to give them access to come } straight across and come through that lot with the speed. See, they are going 01 i down to the Charter Club . to park, that's where they live, and in also it is easier, it makes it much easier to get on 35th Street, because when you... from 4:30 until 6:00, traffic is lined up across those streets, you cannot get in or out. -� Mayor Suarez: Remember, we are just talking about the speed bumps. `• Ms. Johansen: well, that's why, then they cut through there to cut out that traffic light.. Mayor Suarez: Oh y , you think the speed bumps will prevent people that are ''`''•-'°'-,-2., s ll L. going to McDonald's, but are using it just to cut through. I would, think:: that`.' `•`- `;:, -` a _ McDonald's;.would.have other ways of avoiding it.. Ms. Johansen: (INAUDIBLE STATEMENT:OFF.,MIKE) Mr. .Plummer: Well, isn't this under :a conditional? Can,t•,we lace a,revie ' P pt, in'a x i months on the, speed -bumps? Mr. Olmedillo: Yes, you may. .. ,' ,., :`}.:•:.fay;, Mr. Plummer: All right. I make it that we have six foot wall, not to exceed six . foot,, .three foot solid masonry, three foot in ornamental iron, .that, we. ";'` will allow it to be .without the speed bumps, to be reviewed in six months, pr problem,ia created, then we bring it backlbeiore ibis Commission to review. ;+ Mrs. -Kennedy: Second. • Mayor Suarez: So moved • .9". - , seconded. yj Unidentified speaker: No air, what about the... >., :,,, .MayorS are_za Yea, the landsca is with tha o P- B rnamentai iron, ,right?' MR Mr, Plummer: Of course he 1 F ..,n . ,: •t andacaping as proposed, t'�',f,-';�.��`_�� F . . , - -- _ - - _ : ::,ink.,";,.'f.4-!• - . - ::1,G` .hl".ir:+-'h sew •.'R,il':Sl- r'3: �. •�. d A#4e� �'a s ,; . Y - a olut �b •�• � .;,:• y.. - - 1 a i :da Y• d- y r - o• - :> e *. a3 •4 ..a l'i '•. > n a — e . • • ' � . .fit --.a. `'s -'w~•.5i n: f. i :d- lr c' t' fix• ' x Q i-I L •- i ri t :F'r3 E '+• 9 +t :+ s t i.•2,, rt: •tr::- .?.+�:{e i,.r _ .i _ „1, ,1Pisa ..41�.c P 'j`u'$II,i ,5„ r f- i:': - .i,'•,•,'ra,.f" -k:' " %:- 4' -•? ' w:• 11: ^� 4 ` afy K+ i ?6} „ } - t l ' S' A > r l": t y{.L t, 4'- --i L 1s- e1 •ft _ jJ- .�t':�, `#. 7r':,-r- _•2r."yiKY-r -.:: f:._�.e°Pi T�xkt*`_5.. The following moved Its adootiont resolution via Introduced by Commissioner Plummer, who RESOLUTION NO. 89-47S A RESOLUTION DENYING THE APPEAL AND UPHOLDING, WITH MODIrICATION80 THE ZONING BOARDOS AFFIRMATION OF THE PLANNING DIRECTOR'S DECISION TO APPROVE CLASS C -:A SPECIAL PERMIT, FILE NO. C-88-1006, To ALLOW THE OFFSITE PARKING FOR THE PROPERTY LOCATED AT 3501 BISCAYNE BOULEVARD (AS MORE PARTICULARLY DESCRIBED HEREIN); REQUIRING A SIX-FOOT WALL AS PROVIDED HEREIN ON THE WEST SIDE OF THE SITE, CONDITIONALLY DELETING THE SPEED BUMPS AND REQUIRING LANDSCAPING; FURTHER PROVIDING THAT THIS CLASS C SPECIAL PERMIT IS SUBJECT TO REVIEW By THE CITY COMMISSION IN SIX MONTHS. (Here follows body of resolution, omitted here and on file in the Off ice of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the,fo'llowing vote: AYES-. Commissioner J. L. Plummer, Jr. Comifiissionir Rosario Kennedy Comissioner Miller J. Dawkins Vice Mayor Victor De Yurre -A Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Kramer: Mr. Mayor, can I ask one question? Once they put 'up the'. wall,' are you still going to want the landscaping that was going to be on the''w6st side. fir. Plummer: Yes,"the-landscaping as proposed by the Planning Directori Mr.' Daiwkins:�' Either that', or kill the whole thii n You got,a choice.' Mayor, Suarez: Wells I guess 'what' he to hinting at, there would 'be s. modifications in view of the fact of a wall, right?. Mr' Plummer: No, there was no modification to the'solid wall there would :be, no modification now. Mayor'Suarezi OK. V Mrs:� Kennedyv'A tan foot landscape buffer to the vast.' -- Mr. Pl' art Only your competitor says have it your.way.' Plummer: 1A MayorSuarizt This Is really, ,not ,optional Cou nselor. . Cou Sol' I faVe' 196in ,, a f oil �6 Mr. Plummer: The co, unselor- just,had a Big "c atia k. c a M yor Sliareii others have not fared 14.tod a's we, ay.. s nd I �,waqt -to toll, 7,ou" jf-your, cprporgt.j9n�,-waSjt,ji is •-Par.*. 0 Id h W u ave m Ve :,to'deny t -*"but;rpOKA A 0 extromOly''good- to this - c -6mmun -They- y msafi �-tbeiir��mo�jy, and �they d v k �pen xomo b4c 4n:qommunity n Y'du�' YOU,vi" bo Vur° CP'Iunity,#dhii iuesea i ..that �y Iwent_&$ 0 par 419 "'Cat, iro wk IPA ftY"' g, + B flummert I won't hole that Against s �r: you. Mr. CAbrarrat And I will tell you that I am totally dedicated to this community And I just trying to do what is best for all of us here, and I thank rj you for your cooperation. Mr. Plummert We understand that. 1 r 1 �jriy'��i.jy��—��•—•�•�i1YiW.�'y`—''.—viral.WWr.iaiuRiWtYrL�—._'-^.rrrrrrrrrw�rr--rrrlrrrrir... _ •. '_.t�Yral.Y.wr.YYrri�i ". . ,. 1'.:'�# 11. FIRST -READING ORDINANCE: Amend zoning atlas by applying Section,161d HC-1 at 3744 Stewart Avenue (Marjory Stoneman Douglas House) (Applicantt' Planning Department). rrrrrWrrrrrrrrrr—rr�rrrirriYir�.rrrrr... rr�rN�.Y�rYYrrri� A+' Mayor Suarez: Marjory Stoneman Douglas, which is item PZ-2. We waited until 4tOC p.m. to be able to handle this and we want to congratulate you on recently... I don't think it was a birthday, was it? It was a birthday, but it wasn't May 21st. € INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: That's my birthday. It was celebrated on May 219t. That's a :} good day to celebrate. PZ-2. Mr. McManus: Mr. Mayor and members of the Commission, the proposal here is to designate Mrs: Douglas' house located on Stewart Avenue, immediately vast of Douglas Road as a historic site under HC-1. ;.. Mrs: Kennedy: Joe, excuse me one second. Let me just interrupt. you. I'want_ to move .this item, I think that we can pay no better tribute to someone who, has•dedicated her whole life to preserve the environment and so I move. Mr. Dawkins: Moveit . Mr. Plummer: Second. Mayor Suarez: 'Moved and seconded thirded. from Any discussion? Does'anyone -0Y' _.' the -general audience wish to be heard on this item? ` Mr..De 'Yurre: What effect do as have on my house down the street? Mayor:Suarez: Swear -in the witness, please. CAT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO j . 10511 TO' THOSE PERSONS GIVING TESTIMONY ON THIS .ISSUE.) Ms. Helen Muir: My name is Helen Muir, M-u-i-r, I live ' at`- '3855 Stewart' `` Avenue where I've*. lived for 43 year and .. I come here to speak.. for this.: proposal. It is utterly, in keeping with the spirit of Coconut 'Grove, Old Coconut Grove, before they cut-offRice Street and ' I want to aay- I that" oAe,:, 09 the objections raised by one of the newcomers to that street is . that traffic.;.,_;,` would bedisagreeableto the residents. I'd like -to, point out,:.th'at: in-Wo-rld'.: War II, you see, I do go back a long way, ,that the buses from .the . City ,,,of {; Miami, .the .number one bus :was: able to' negotiate dovin Stewart Avenue'' a#iicki ;is a -2 t� very narrow street indeed, but it managed and indeed'it'waa a eonveaienca,sso.. O ..• . - b I_....aa, t. long tinfe, xesideat am Rory much in, favor. of t' Mr. Plummer: CaI l . the roll., r a. '. Mayo.r , Sarez: Call- the_ roil rr¢ad..the ordinance... zx_,,rY -w L�a t `. RB POK�;,:.'fHB CI'P4:rATTORNEY 'Wi =:0 115 — E RDINANC INTO .Rj TI ONLY 'sWE `;CORDj r! T Mr:iwsmieri; :,J,uist foxetha. fiecaxd, r she `doss .sti1'1eeentl 'p: `.' �`G�cb} '_i `. ,f•+:: ;..: -f 1* s.l .-S'�•%ty^ .t . :�ij: T6CjjjL �a it i +r N AA4. - - �Yf�}':T. �±'' �}•'IRR..f.+S.z./ a ✓. i.'`i"=-e I•.I. l .n =F.. 4' •J• ar4 t` :ram t+ .hr y a T� t6 F .4„ •-j .. ''�':w rt.Yr' •3v' � � ^a y fxl i'`:`rt Plumm6rs She does . own the house and she is in ft favor of the avplltatton: Mr* MtMatsust Yes, air. Mt. Piumtrt Thank you. Mrs, Kennedy, I'believe that's the house that she used to refer to -'W the house that The Saturday Evening Post Wilt, because every time ihA'vr6ta afid sold a story# she would add on to the house. Mrs. Marjory Stoneman Douglass Yes, I'm Marjorie Stoneman Douglas.Yeal I couldn't be happier, and.of course I am greatly honored at thi's proposal. think Itto "wonderful I would be very grateful very much honored indeed' it -it 6ould be done. Thank you so much. D Mayor Suaress Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NUMBER 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA AS AMENDED BY APPLYING THE HC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT TO THE MARJORY STONEMAN DOUGLAS HOUSE, LOCATED AT APPROXIMATELY 3744 STEWART AVENUE, MIAMI, FLORIDA, MORE. PARTICULARLY DESCRIBED HEREIN, MAKING FINDINGS AND'MAXING ALL NECESSARY CHANGES ON PAGE NUMBER 48 OF THE ZONING ATLAS AND PROVIDING AN EFFECTIVE DATE. Has. introduced 'by Commissioner Kennedy and seconded 'by -Commisaioner- Dawkins and was passed on its first reading by title by the following vote: -AYES: __CommLssioner J. L. Plummer, Jr. Commissioner Rosario Kent"i-edy Commissioner Miller J. Dawkins Vice, Mayor Victor. De Yurre Mayor Xavier L. Suarez NOIS�t Noneia P ABSENTw- :` N'n'e '17fi. Attorney readthe a" o nanc6, idii- into the publ c record' and 'An &nnouncidthat 6o,pi6'8x4*ere -available to -the members of ikie'City',fCommies ',66' d to tha public Plum6ei;: God bless Mayor`.' Suarez: We, hope, 'you have many more years of battling f or ."the.. eiv- itonm- ant., and writing books in regards thereto. Mr. Plummer: And may we wish you a*happy birthday, -on. your "hil fw a-y'* m'ar'k-- PAC GHOUT:-.THE 12. REPORT ON ADULT CONGREGATE LIVING FACILITIES': THROU CITY. 09 p f .-'PZ-6 ACLY.1 Mayor Ud a � r sat AtO wis:', t we t z.handed to; :ui: ..,says A at -.,that a �AusV'� been'. :J these *60 y. ex; m r. A 40 V,Via'_;:'4 i,...,. - '; F' i i.t_•y_�,".11'.:''i.�, , ' tom'• 7 ., -5' _ YC.*.�. .: Htrt , �,�'tTil _ V, _ I,@��.t�;yJ �•il x::;.- �;vy',�,'„f`�;:�>;�ti"-' - .:�., :J�'.?n,," pf ' Mr. Goi z.aleai Yes air, it means the receive once a y year inspection by all '.: the flittl6fta 6f the Building 0odt and:.. Mr. Plumrmert That's riot my question. Instructions at the last meeting Were ' before this �f attef oasis back up, that you Were to inspect all at them to flake sure they were In compliance and elte those that Were not. Now, this repiirt a6es i_t tell tee how many were inspected, doesn't tell me how many t6r6 in 1 compliance and I'm not talking about the last year. I am talking about alnce =' the meeting when we requested it and today. How many of these are In compliance? Mr. Gonzalezt: OK, Commissioner if you read where it says facilities And "1 addreset' needing reinspection. Those are the Dees we did not get to, or they ;. _ have not applied for their annual reinspection. The rest of the Community Stood Residential Facilities are in compliance and they are meeting the Zoning - Code as to what zoning checks and the other section. Mr. Plurnrneri That's within the last year. Mr. Oonttalez: That is correct, air. Mayor Suarez: And than there are some that are due this month. We've' Indicated those. , Mr. ;Plummer: And some that are not operational. Mayor,Suarez: And some that are non -operational. He is giving you.the whole,•, All the categories. Mr., Plummer:., „ -'' He's given all the categories, but how many of these. are:.• in noncompliance? Mayor.Suerez: Have you found any ,in noncompliance over the last, yea whatever relevant period'of time? - or the last six Weeks?_ Mr. Gonzalez: OK, ,that is correct. Every year ,the State;requirements `.that 'LLr•. every,, ear a' community, Based Residential Facility must. -come .in.:.' Mr.` Plummer.° Sir_, a me.` That's not what this n' -" xcuse Comaiss'ion asked 'e .you, not you;'..but of the Adrtiinistration: We, °asked .the"AdtaintetratioA," because. a;: gentleman here from the Roads ,'section came in ,'and compl`ai' d that$-:tl�e 'place r next door to him':was not in coinpliance and ws ' asked at, that time'; that. you,,ago and :inspect before this meeting allof these operations to see.: if they were complience',,or' they, were not. Now, I' don find... how man of•, you ";ins ect "hs — Y . y p +: — since ,when v as that; a month ago, we asked? r =. Mr. Rodriguez: It was on April'27th. Hr. Plummer., OK, so roughly a month ago. How many of these Places`' Have ou ► inspected since April 27th1 Mr: G6nzilez2 OK, Commissioner, except `for 'a list of he f the, acilities , arid: ":•..; <:, addresses needed reinspection, all the rest- were, inspected within<, the,°'.lash; year. Roughly in the last month we've inspected at least r. OK a d :"':• M • Plummer: , n you .found them all . is comp e? iianc � Mr. Geckedonzalez: As -to the number that .we checked `for £ �r Building .a►d a�►ita$ ch`for, specifically the zoning, section is f the 'numiier : q:: resideis ;that;;:::s',,: are allowed, to -make' sure, when we inspect. that , they. 'thqyce:'� a a founq:them �to,be; rfa„wa companua:-C,'�a;Y'..To.. ;•gibGaf,;:.F j4 t�SZ+ �^��l: `€ _ :��-.ter*�sra�n', .:.:t��.;�,�• Y+ p • ,} Tyfi Y - ,MR a:` Q. tlstA n, .,r. /fit - '�-%is:hx`rk.. 1.' .V _ fie. a t: . 4. rr 't - .tea ;rr Pr d th e':'' t � el i 0 .,dr i a .,.,,'��,:. , • r. .(/. .3M1': `�.:.. ... •'�: tC:'n:�: {sf4:-_,.e..-,..t..isd,..,.eb...tin$..an}il?ia'i..,.Ab:'S•en`•?�`. +j<`7�f,'! 1a9r' a4, d aa r p,' +r. " 'r Ac '=•dam - - ..� lit' . J ,1„ •St. - - - a',;%L:?r'�L: i' ss.,.- _:'r,�'r:Y• . ,:.: i s"; .tt:-,,:=-<. r:: :.-nt n,-..; :..:: •.:::,".: =w'-'. _..... „: , ..,. .> } t._..a. - : Mtn: Modriguazt That. one: that waa .called Bangochea that ware identified' as xj tivdnbtsr gU n%d 41. oa the 11i and 86. E Mr. Plummer t Vait a minute.. a;k Mr. Rodriguez, Not an your• list that , y'ou have now. Mr. yiummort ... toy list is not numbered. Rodriguez: I know. The.list,that we had that day... rr Mr. Gbnzalezt Those two were. specifically inspected and they, were found 'in compliance to the number of people, sir. Mr.. Plummier* OK, -that's what... Mr. t3ontcalez: Let„me. can I give you a quick background, Cotmnissioner# on... Mr. Plummer* Sure. Mr.:.Gonzalezi Community Based Residential.Facilities are State mandated that they twist reapply every year. In other words, its not like regular businesses..; The. only two exemptionsare day cares and Community,. Based "x Residential . Facilities. They must come in every year and . apply for., a nov ' Certificate . of Use. , And .contrary .to most other bus inesses..*here. they. get_-,-_—, ; their.origfnal-Certificate of Use and every year they are billed automatically' for renewal. Community Based Residential Facilities must come in and the *4 'W must, apply like- they, were brand new. -,They get inspected.. b everybody electrical, Zoning, fire prevention, health. Once they are all into k� .. _ r compliance they . are put back into, the system. This is done on a yearly, basis`i'' The reason,.for this is: to -meet State. law, especially where',health reasons::are•,,' :. e. z. concerned, electrical ' and -the , safety - of , . the residents. As,.; you .can,, see, ,,thee,:'.::.; ptoblem,.we., have .,right-, now, is that, they, all... due dates are different. times of u the:year and that is because through the .years they have been ..coming in =and applying_.either,-September,,. October_,,or.whon_ever the due.dates,are due... We are trying to develop now, a system where we would send out -the', mailings, .,lens'..=','°`;.;;afY, say'.in; January and they.,.will all be renewable at that certain.'time of the 'M z month: Right now, what happens is, they .all come . in -at, different times = of the , month,: ohich: creates a little bit of,.headache for!. us -in,. the: Cartificats•:;�f- , �o system, ,,,because •we. -have to..keep; track.of.who comes.:.in'.and, who 'd'o,esmi'•t:.Noor' thera are , some that are outstanding, that have not. come, •in for.::.. the' `annual ra 'ins action. :We. heve .to, et. .after-. those.: Once. w P,. , 8 e get; thiso:,t}e.'systemi; r r� ' organized where, each Community `Based Residential Facility will come up'„once a z. ye�iz .and they,' ll., be targeted, in other words it makes it easier .for- us :and.:tiie<a " Certificate. of Use system to follow up and each CBRF that -has not_ come" in .,and',:,:''i:'_'f:. �E actually; renewed their; Certificate of Use.. } Mr; Plungner: I ` ues+m3 the roblem all of these are, allowed. in: a, siri le, #,amid' residence,. is .that correct?_.. Mr.. Gonzalezi That is correct. Community Based Reside ntial'Faailitieii`::are:; Allowed in. single. family ''residence with a special exception. They:mYiust 'go y through; the Zoning .Board and there is 'a limit .of the number residents - may.'. have. INAUDIBLE BACKGROUND'COMMENTS NOT ENTERED INTO THE PUBLIC'RECORD. 4tixr�'` Mr ,Pummeri T4at,c& very. from application to App licstion - t Mr. Gqng. a7#st Yol.l,.,l.t varies- from..;QAing:•tp zonitig. In • tsar w *Mull AAd ,d,upiex: ,allow, up to ;,; vor six, .witli .ireaid "at 'st'af#� ,t# tau (., _ ier y. 7 i albows. �nQre peoplez commercial, they. mI.Io even' furtber h�a, g ► atziuAf •:.=, tbarta is . bs i�,c , ,lthrea . s,c+� taco �a; 'Qpa� ��tC e. . r _ . a,4tit t; , ,i Est,ice tiffs yi igtm+�y they ,:ymtve`�'r =_ r r,.}der }{�. ,`�" :f: ,tsBv -% +fit,Cher, r►hiich'' tis' :1 " feet' K? Socosd of :a11 -.the ux"0y` i a _ s• n:. a : t'e identiai _on3ng_;U -, 0 ' kust obtain :.`spec a7 <:Rtxoel t Qn;, � u' dhi tor. ` yan t;, r�1 he; s�.fi4���.�:504�?��, a;. ;Pr t: •:� �d1,,- p _y�. :3�:;# ��.,`. :a .,:.� .tkl , .�_ Q,•:.. _ �x .t_ �/ .. . ( �f:1.4!...��M�Y�:�����':C:.��6►,�,J��R,:. ,'�.Y�}=.n.� _ ..��;`:;S. �e�T�,�i1 iS�R,����. �:T�}.. �� f1,Y��"-� ��� , ss _ YA _V, =' , kafaguards provide assurances that the �r�bn��ifiedhandithey have t Mount of distanc01 he hin arightain to .,. e of that facility appeal or object to it. i mayor Anything get the answer to »liett:er any l didn't quite Do we have a present listing of those that are 4:J had been found in violation. a. y were doing some enforcement? in violation that presumabl4 reinspection, these are in { yr. Gottzalerc: Weil, the facility needing `. q{ violation. They are o* ction annual receipt and those verduethey are reinspe ?- are the ones that as are going to follow up. The ones that are due for May, obviously their are working on that. The problem is that again with... ,7tF'W just find . in �Mayor Suavest: How many reinspections do you do befoze you j ; Suarez - permanent violation and close them down? to go... in other words, if they are in Mr. Gonzalez' We usually try w ! ahead count of more people than they are allowed, ti►e try , violation of having o make sure that they are in comp to go back a second time tliance. Mayor Suarez: Is that discretionary, Mr. City Attorneq? Mr. Joel Maxwell: They have no discretion, sir. They don't have an IS - discretion the first time. If they are in violation, they can give a earning, : * are doing. They give a warning and then they can, if that's what he saying they comply within the terms. j or Suarez: What if they are in violation the second time? Give another Maywarning? _ Mr: Gonzalez: Well, remember Mr. Mayor, we control the Certificate of Us In other words, if they are not in compliance, we have the right to cancel ;:. their Certificate of Use and go after them. Y Mayor .Suarez: After how many reinspection:? 4` Mr. Gonzalez: .It's discretionary, sir. gg44rr Mayor Suarez:.::Well, I think that the sense of this Commission is that lqou use pour -discretion to make it a minimum number, i.e. one., " }4 Mr. Plummer: If. they don't comply within 30'days, they close them'dower. Mayor'Suarez: Very simple. in mind that HRS (Health and Rehabilitative D Mr. Gonzalez: OK, also keep `! Services does .periodic inspections. See, all these CBRF's are licensed by. HRS,, it is Stated mandated law. HRS inspecti...'vs only inspect.once HRS inspects every, I .believe it depends on different categories_, ,either ,from r F 90 days to 120 .days, they seed their inspector 'out, because, HRS .actually' T se people that are in these houses. provides funding for. the A me. Plummer; But HRS doesn't have a limitation as to_number lilke we do.,; Mr. Gonzalez: No, that is correct, the number of the people {<h r.,.' there and. HRS. doesm' ' Y Sot ere could be allowing six and be.. ten t f . Mr... Plumiper.� #�. - cits, the m for violation. Mr. Gonzalez: That is correct, air. They check Qnly. health and the k�teateae�z�t a -_ of • the residents Of.the the facility. Zoning controls... _r = Mzr. Dawkizna: Is our directions to him that if they d4 not : ;c9wpy ist °Qy1,Ys` cse ?Dont'care HRiS=ornobody," ia that ii'lctructg thmdQrzlo -: t ng?} _ ? Mr. 'iu?snmer=..Weil no, we are asking that.. �F,• - y tix', DsWkna: Ali righxj. what =are ..we, saying? cr 'rs { u�r 'lwae<n.,•fr�, ��''$�4'.i��'���=$ "�nh��'k,. � t ''!;`' ,ii4:yi.t.�"' '^'-- {- fr. ,}�R • � T F _4i2. +'}.,'..<•rv#.'fF' 1. �`� __ jj'lu.-,.. •`! r a h - � o 'rp-,{,.,�Fa�r',�s,�j - "4 try r 'r •k'" V: P — a+. L ` u 1 - w',,,;•r .Y _•<S-:. dr.'... .3y .}} f'' s.+F+v++, -- _ '}•. -S r? 5 )::.-' i i.� , •-;{, :::�-•=4t: ni e .i d'-rr�-- >n i. :�(t « d t , i .F ± h•. tip• +s'�'!..h:t'','k��:hp,:yv.. s ;y� s,Rs.r;,•.-i�,re+`,Z�i,`Ey _ � _ a Mr. Rodriguelt Right. Mr. Plufthers *44 you know, from a complaint received here at the last hearlcg by ctitturij 60* of these are not really In compliance and doing what they should be doing. W Mr, bawkitist Right. Mr. 16driguozi Vhat I suggest... ................... .............. Hr4,, Plummett And we are. asking that they adhere to what they have been --------------- approved. Mr. iDavkInst And as the Mayor asked, how many times do you go back and tell them that you are not in compliance? Just go out there and drink coffee and toll them you are not in compliance, go back the next time, drink coffee; J'� next. time - how many times do you go back before you say, hey look, you are closed, we take your certificate? Mr. Gontalazt Commissioner, that is discretionary on the inspector the way the facility responds to them. Mr. Dawkins: All right, my discretion -is once. I don't know about nobody else-uphere. Mr. -Rodriguez: , What we can do is after we check once and we find theta in compliance, that we can bring them before the Code Enforcement Board. Mayor Suarez: Thank you. Mr. Rodriguez: For action, OK? Mayor Suarez: That's the sense of the Com... Mr.'' Plummer: - In'. other words i in 30 days, if they,are not in compliance, they_. come - before the Code Enforcement?- Now, is that reasonable?, on - W.h reasonable,- I'm going the other way, OK? I'm looking at:.the fiact.'ihat-.yougo thiko ande,they are allowed six and they got tenj I think,it .,-is too- da=4oh_g 03 to let it go -on because you have a:safety-problem- M.r;: Rodriguez: Right, but 1 et.- us, know; we're dealinjivith liometlidies, wh en you are dealing-- with 'A -specific case i� 'You�might,�': ��have probleminmoving the person around."' He might beanelderly rl U 0 a us-,Use,'some'discreti on,of:administration to do that. Mr.- Plummery Yes- - but, if they know that they've got,, 30. .days in which':' to comply, then they �now that's it, they are going to do'.It;.,.: Mr. Dawkins: No- better than that i Commissioner Plwia aren!t.,-going"tottolerate:,their--overcrowding,lyou vill�never.go there and.."- f ind the:-,overcrowdednessi but if they know that-. the, City of Miami is goi-, ng, io'� 61 ink- - his eyesand say to them, hey look, we are going to give you a.chanc 'to cl6a6..`.'1 e it up; .-OUcourse , they. are ,going to keep overcrowding. But s'ome*here ai ong the, line a message must be sent for the safety and the health of, the 'individual''a ' that'.if you are licensed for five people, and you got ten, 'I me an', you: -'are..-; over -straining the capaci ty of what you are supposed to be doing n,:, MY opiVion.. Mr. Plummer:' Looking,�dowA this list, I don't findthe one •that' OXIsta�, hore:'�o;� .3rd Avenue in the-3200 blocky or 3300 block I' don't find''that''", erex--an V*cA11, they: have,: 14 people livi' living in,a.single f amily res 8 c A, Z Mr. Gontalest Veil* they're licensed for twelve. Mr. Plummert They're on this ligtt Mr. Gobtalett The community based residential facility. V� 1 Mr. Plumraert See, I got a problem and, you know, let's put it right on the record. fr I live next to a single family residents, I have reasons to r•,=�1 believe that that's a single family residents. When you have a structure' Muth as this one on 3rd Avenue where , you have 12 elderly people living udder that one roof, 1' think that's overbearing on single fancily residents. # a=. really do. That's too many. Because that is single family, right? - on 3rd ` Avenue?� Mr. Gonzalez: That is correct, Commissioner, allowed -,,.the new law only provides for six. Mr. Plummer: ,But they presently got twelve? Mr. Gonzalez: Yes, sir., Commissioner. r Y•,{ and right now, they are only `''" Mrs Plummer:. And they had fourteen when they were cited here before for adding all the additions on to the place without even fire escapes. A Mr. Gonzalez: That is correct, they had to remove two residents. Mr. Sergio Rodriguez: You're talking about... Mr.:. Plummer:.,._: See, you get to apoint - the fine point that I see is, when does it no longer become a single family neighborhood and you're going'into,a, convalescent kind of.,.business? ,That's the problem. That's,the:problem.:._, Mr. ;_Dawkins:_. ; You know, }'a you only work here, so what do you need.from.up he _. to help you do what we want done? s Mr.' -Gonzalez: Well, Commissioner, right now I think the— under ordinance �... 9500,__which'.'is the present zoning code, 'I -think'. the ordinance in:.itstilt doing"_the job of not 'allowing what happened in the northeast- section cangregation of• these facilities corner; .bq'. corner where., we_ have -all; ahese`-.;. grandfatheied .'like, ."this one- here where they were grandfathered in They didn!t .have any :specific number of residents, 'that ,were allowed.- Under •the: zoning'" ordinance, .they're:..very .specific" of, how 'many;•.residents ,can occupq,`a`, single family or duplex area, which is Commissioner-Plummerr" S,.concern. There )� �.:. • . , are .distance requirements.• . under:, the present zoning ;ordinance, . I thitrk : tile,,. ordinance itself, covers the problem of having too many facilities " in- one area.: I:,:think the ,Code -itself addresses that question and if you noticed,;- Under,%the' present 'Code, since 183 back, we've been allowing only the facilities within r' 1825 'feet of each other, and :'not one on each corner which` is; _what happened in, _ .:.•',.,: _-;. the.';' northeast, section'. prior to our ,City. Commission :enacting.:: legisletioi� 'to n control how many facilities and how many residents. r , Mr. Rodriguez: Commissioner... Dawkins: How many inspectors do you have? Mr. Go t.-:.. 1 ins s male I, -hays six field actors sir. Mr':. Dawkina s How, .many?= c ,' I'• t 'e y. i!'"r-:� k7'%, y,.'.:,, ��, L•Li,` .J, Mr. -Go az:• S :;. X .. Yip;;:'=�= 7.; r r J- 7 `r`•'�l�'Jt: • Jt t y ? _ �,, � ;,,ai:'e,y-�... Fi a= 'That .Qver.,how: many -a ::,;.::..,>:�,. - _..•,.. �~��. quaxe: miisa7;-`- �; •"��:r�:�;. s�.r:.,."� i j ,:. if Ali ;Thow 1 - 3 a r :JY y. P• t, N Q 4 " q ti �. a•..'* A t A e t ?1Sni ' AJJ ' 4 C r tJl ,1 F S= 'la•.w -'a'', -lt: �l (:q •'i: RtT4iSF'rY -'-. -4. � .�, .74!_. �:. �,�'T. ���.: '�1; a.. �i - _ �4�1.. .1Ra .p..: �:�.tha''-Citp:.:�f":�ll-a' v:?• :� y� - , t 1 t� Y' i <.'jX'•- ':YID::'. .=4 /� ti ) - !,1 f it � It -, ""''� LAW Y w 1SCE J Y,n #1 ': pit rt'.. Hoer iweh ., y 1Q5 ' Mi. hawkinst Asti : ; Mr. l6dkiguest Thirty-four agusre relies. hr ariktati Thirty -tout "s`udrt miles and you of six. 3► q y g =^�.. rlr. Gonzais3�E Sik, sir. ' , : `La.;.'�z Mr. Dawkins: And six into 36 goes..* so each one's got to cover six thousand r?�` . s4u ic t(iiles.` Mr. Gonzalez: Well 30... • Hayor"Suarezi Six -square miles: -? i >s Mr: Gonzalez: Six square miles, right. �• Mr. Dawkinsa OKi" and one inspector can adequately cover six 'square miles'.` Mr: Goazalezi- Weil:.. -.. Mr. Plraert Why can't the get the Fire -Department to take this otter and'do tht inspection? ilri ftirkinsi And also::: well, we got inspectors in the" -Fire Department... Mayor' Suarezi Amen.` Mr.-Dawkins:. .. we of them in the Sanitation g n Department. Mr._ Gonzalez: They'rehe inspection -team. part of ?` -,Mr..,,Plummer: No,.no, no, no, but I'm talking about -on a.monthly basis Mr Gonzalez; . Well,, combat does - well, they do only. apartments, but f:he :Fire Prevention ''Bureau does' take art" in their annual iaspectiOng, V du —Ves do.' - :::.•. Mr. Plumsaer: But I'm saying, take it out of your hands entirely. a M yax'Suarezi No; I'won t go for that. Mr.. Plummer:- Well, what I mean ; is, is to the -head count;" and the.. things.,, Qf, ;`;,�';�''��`Y4:'•R;.- that.:`Building and zoning violations; they should. still: do once a",gear, 'but ''; r;; a21,.of.:-the:, rest of it should be taken out where they 've,,Sot. .the adequs;te personnel to do it. i Mr. Rodriguez; Mr. Commissioner, may I remind you... . .;s.= Ma o.rSuarez; Yes, I'll go. for . 'Department some of thatFire `;:pezeos�a=shr;Ys ` to'do:.some`'of these inspections, that's for sure.: Mr ' RoQriguezr Tau. gave. us some instructions''.la�t time are we4-A" A a dis�up to .come" •back' n Jun rx 0 o 2Ud .with some ordinance-, addreesitig spoaif.ic�i is ugsi 'that," ,to this Oue of them .was".to,.. l�ffaredtiate_ beits#epn + u ', -,;•°:'_.,:'_; ,:_ (;dolt ::` ongsegeto" .'living .:.lacil3t Y? ' sad C (. tma�tnit'y :; bardxsaxan` "iestrfct'r dintit c ss ':xs4uix'4tmphs =;..rt:;,A9:.":it ,Q, . e t t' A. s. � o n. sr �r C «M-t k,.. ¢ Q k: - j - ix t" 1 s. .•z.' - �n _ .l►...#Qn des. noa`.`auts�a�min- �a � t m B- -`suit a. r . j a� '/�J .. ... •„r.7/� Coft, rs�is r: x , _ - 5 K t" 9 F-. �c y s001 dr.i-i 5'. you used, i think. What I would suggest that we do is that at this point, We try to enforce the laws that we have better than we are doing now, you know, and that rt show you ghat we if# proposing in the way of a stricter iswa and then, at that point, snake a decision an to what will be the beat course of actions by►... Mayor Stikketi hell, talking about enforcing the laws better. ,Joe, you had said and I think you ought to put it in the record that as to the speed of out response. to the violators, that we could cite them - I mean them back within five or ten days. We don't even have to wait 30 days, J.L., he was saying, because all due process considerations will be taken care of when they go before the code enforcement anyhow. So we can move a lot quicker than we were saying before. Mr. Maxwell: Yes, air, Mr. Mayor, that's correct because the inspectors really act in a. ministerial fashion, they really don't have discretion to do what they're doing. Now, if they're cited when the violation is discovered,. It would take approximately one month or longer to get it before the code enforcement board. If the violation can be corrected, it would be corrected by the time that they got to the code enforcement board. So, extending the time beyond what you already have really exacerbates the situation. Mr. Rodriguez: Also, I want to make you aware - I think some of you are,. maybe all of you are - that there are some efforts in Tallahassee to go.in an opposite direction where we're going in the City, to make CBRFs allowable.in all areas of the City, of every City and take away the discretionary power from the municipalities as to where they will be allowed or not. We are, of course, following your belief directions on this trying to work on that bill' and trying to make sure that municipalities will have the last word on this. A very strong move in Tallahassee. Mr. Plummer: I don't find that place on 3rd Avenue on this list. Mr. Rodriguez: The address that you're talking about was 345 S.W. 22nd Road, is that.the one? Mr. Plummer: No, no, I'm talking about the one here on Third Avenue. "a Mr. Rodriguez: Third Avenue and 22nd Road? 'ro Mr.Plummer: In.the 3300 block or 3400 block., Mr. Gonzalez: Commissioner, I'm not sure if that was the one'Mr Roy was complaining to... Y 7iY Mr. Plummer: No, no, no, no. This is the one that we caught them forinspection violations. Brought them before and found out there were 14 people living there. Mr.. Gonzalez: Yea,, that's the one they're only allowed 12. I don't recall the address,".no, sir. Mr. Plummer: All right, I'll find it and check it with you. Mr. Gonzalez: OK. Mayor Suarez: OK thank you, ..Juan. , J qY { q n•" -. 't i�)"'c.j+,R .. - S 4N it , ; }•� - 4 i S �. Y� 4 3 , - -q:' �.'ilNiiiiiillrG•+1Y11i�i1�.F..ir•Y� ir.�ifi . 1J z REPORT ON ZONING AND TRArFIC ALTERNATIVES AT CORAL WAY ST T) $ST EM 9. V. 3 2ND AND S ITH AVSWES : . ... - - -- w.C{.++.Q:Frrac.rwr..,a.�,i�b,w.....c+►w.r:r...a:t�i.r'.:�.�a'...Irw.i.::.r..r�r{aaai.,rl�.rr�._ -- �,a„r,r.-.i,�r.r�,—•'- -- _- iii'raG-�F.4i-' Mayor Suarets PZ-1. Mr. Guillermo Olmediilos PZ-7, you may..'. Mayor Suarez: Planning Department item. Mr:.Olydedillos Because you may remember that you asked us to make a study of Coral Way between 32nd and 37th Avenue. We came back to you showing you different alternatives. That particular point the comprehensive plan was not, approved. As you know now, it is. We're salting that we have the concept of the transportation corridors. We don't count vehicles, rove count people that are moved by these vehicles. You have four alternatives in your package. The first,,,alternative, which is the one that we prefer, is that we go along with what was approved by this Commission, was approved by the state, which 4s the transportation corridor concept. The second condition will be - the -second option.will be to downzone the area so as to permit only the development that exists - there today. The other alternatives will be to open up 22nd Terrace and 23rd ,Street to traffic to compensate for the traffic load on Coral Way. We are suggesting to.you that... Mayor Suarez: To open up which, I'm sorry? Mr. Olmedillo: Excuse me? Mayor Suarez: To open up what? {' Mr. Olmedillo:.Twenty-second Terrace and 23rd Street which 'are the' two #11 .at rests 'south of. Coral Way and... Mayor Suarez: What:do you mean to open them up?, Mr. Olme'dillo: ... improve them to the full 50 foot right-of-way. and have', ;':."V ;. -traffic... increased... on those. two streets all the way from 37th to. `27th, at least. And,. -of course, we're suggesting to you we 'remain as is and -we go. with. ;JKy the; ;,transportation• corridor concept. Also, one of the issues that you wanted " `= to,review.was.the zoning as it is today.' Mr..�.Dawkins: We are talking about improving . traffic on Coral Way. Is that z correct, sir? "!. ;Mr. Olmedillo; Yes,, in a way, yes', Originally, what Commissioner Plummer , j moved to was to have an assessment of what may go on Coral Way and what was. ;5 the impact on traffic. i Mr. Dawkins: That's on Coral Way. r'?' Mr. Plummer; Yes. Olmedillo: On Coral Way, between. thirty,... -And , now .you're .saying that -we should take the load to Terrace on' ,23rd Street. Is that'whai.t you say? s No, sir, ' what I'm sayia� is that we` arsi reaomssaendi8'o ysz ✓ "than we 'go, ssith the' „t'ransp'ort'ati oa- 'corrid or .concept ' Wli3eh '�►o bad :ia}led, i" _the'..s;Qppacs bansive ,pian and was- approved: by you tt+ { � ��- = x•Th `v c+�ncpt. deals •with' the ;number of peopleR-`that vahii ies. n :: 'not : the `vet lies thieissaelvesa. rAAd.",:. air e:--.thatw,=a :1Q i :<; p ; li... ro epor Qri' -people than capacity of tAa: toad au k , L# asl tat i of e . Gho - IfiR ns_.drts`'pnhaz►eed; t d r h'. , � •6'Y.� Fa t- l r t' �" - ' �(, , t+i 'J' v \• ��a'X �.dl,+,'yt'`f ;, Y�Tr'= ,�, r•AAS�' R41�.�$.;QOit1p1Qve'''���'1Qi11',�?1'ir�i�/�1at;_r.�<44�.,;��+��''�<:`,,;1� •,��%•'`N::��;�irrk ���. - .-t- - '� - ,�.:•7c }?:- . i' .,�+• _ ,•fi'.t`,-�re.;<^>e-:may Xx- _i /� !i GYM%: .ti STD �� , ,t I I yt 4' if Ii _j t 2 ' yn Vie, y k r.- k a: Vl — 4 ''Fel•`''t '• - J= t ,t J: ( - ,i..t-'!,�•.- Fes:` m. x., F �' [ 'kr'- '•iT . i). =titr — ''>5—,(•,z:yr:• .'eF`� .e1 '. - - - a}Jt.i?:S,[�i r�'t'.6ie{ .,1�.l f,a �.r.i•_et:�"4�` i,.�F ?i'Y••r.S..i�:•-^ �,,.Y. N'9a{L_ ti",�t�.,.,, 'r: •' - �'� . - `��� af. ,, r..ii,,.. �„t.,.,�;.K• z< �t'�'�'.�N.,_., x , rr+��:; . , — an x,: �'r„ 5-'.?. 'fz=�:�s,,y;'',',n;. •�r`;t: �-� 4`,%:'s.�[ f,;��,i y :`}3k ,a, ��' � rV`€>."*�Kx�:,�t.•y+:�o°*K`�`r;y.4tzd,i't::a,'�?h'l'^ -•`'1; 7i�,.'�.4.s'S +1 r@- 'a. •h.' 'T.'... - -- ;.i;:s�R;:' �}'`iri� ''.n�.?qT�:;y^-''• '.:,-„�ip,M:fsi: _ _ _ ;:YR".''g2'k'�7"'''o ? �.k _ •::F��ry F.``y3t,^•rrj,:7!A:`�`::.,-tF',f`5..; .:: _ �,. N.'•cIn' =.4 ! - • A,i,=�_.-'.nay.• i t~. Dai►kitiit Or 12ttd *erraeb and 23rd Street. Y' = Mr, Olth4diilot Oft vshielaa. What happens is that... baNktne: What are you going to use for them to go dovrt►? Mr. Olth6dillot Vehicles. Mr. Dawkinst $ut what the vehicles going to travel on? - air or what? Mr. Olmedillot On the roads. Mr. , Dawkins: Why what - now, give me the roads now, 22nd Terrace and 23rd — Street or what? Mr. Olmedillot if we don't take the transportation corridor concept, the only solutions to keep the zoning as it is today, we would have to. increase capacityon 22nd Ter'race'and 23rd Streets, Southwest. Mr. Deakins: That's .my original,question.to you, air, OK? Now, who'a.going, Y to pay - now, you want to do this for Coral Way, the cost for 22nd Terrace and 23rd Street,,who.will.bear the cost of these improvements to make these roads. - _ able to'carry this`flow, we want it to carry? Mr.Olmadillo: 'We will have to do it either as we do it today when people are going to pull the building permit, they have to dedicate the right -of -way, -,,the; zoned right-of-way and then after that... Mr:. Dawkins: Who a going .to , provide .the money , to do .it-? Mr.`Olmedillo: 'The City,because those are City roads, City streets., Mr._ D`aorkins: The' City. So, therefore, the people on :22nd Terrace and"'23rd,. •r.:��:-=,•;.ray i Street Fare going .to be taxed and inconvenienced while 'you tearup their roads; to. make -Coral Way. better for -the people on Coral Way. _ , Mr.-• Olmedillo: And.: that!a, why--• we`' -re recommending against that option, that alternative: p t:+ Mr.Plummer: You re. comin back to.: he Ma� 'oP u s: r.Sa rez: •OK � �n 3'. ► hen tell 'me a) _- _ little bite ,'about. ~the.. .trans +o - corridors... -,that ;do, y' mean bq,.that exactlq, and :I suggest: that, we ;.better>pouip, r r up with :'a_ 'simple ,explanation other' than just to..use +that tartginolpgq expect that -,'to: be: understood .because At reallyt doesn,'t.., r ' L4, Mrs.' Kennedy ktr. Mayor,,' do,youu, realize that on•::.trhe..property ne�tt'.,;;Y<oer vest: of ,this Miracle Center, we can build- 621 ' 000 squaxa. _feet.? . Mr. Olmedill'oe Thilet... • s is for your illustraiti'ott' and e .; Mayor Suarez,: That entire:block:,;.is,that,the.... Mr. Olmedillos Let me ex lain let zn .e e,. ; P , e xpla�itt; a..:littl b t on that.. Mat'i _ N i Mayor Suarezt Or.- you mean .the ,entire ,f.ive ;Olock �►rea�.- F rx Yi # c� r- L•• o 0 I r Mr�= 0 - d. 11 i T-is' :�. o .gl�t3�'Road:'8•d. :, ts.- this isr,-3 Fd Ave"'ue: here _Hiirele:Ct tie':i"s:-:1`0..t. .,.{;. ..r. �?. ca sc!'�<' `Sc''=.what iau;::have:;%a` s s... .t, . a, .. i Y. A bui `d I in Mira' 9�0-0 re- :featnot-....,,,.:.�.�.,_. �. _ 00' aqua :cQu�t�� ` ''tl�e;��=.' k� • ��" ;Te i...'4a. 8 m4tth r,,.- 00`.Q00, — - ;`s z: 4:. ; �t.,. _ ;.,i ;t ,r • h"�`�Y - ► .Q �t:4�, et't.' (✓,`.i ?Y.%',a, 4a <-:]�.''i.' rj3::r ' '':FkrSi. .: <: cs' • .(a.: ,:;4 ,. N. S 4 S •a E" a. _ 1 _ Y) et. t 4 �': r. • .' �1y x �. 00jy /► j '• ;. ,,{,.,.•,t %..':'> .,±. ;•?f..!; c .P�t nil il:,:�f��,, ,'F•.•J: '":r!.:iRTii><-U, told.ata:itha 15P - A X tzd - i .L ..ix t r'�. -`c. •'v: :i= - ''�°,' '.''::::.(i:;tr.::• rrar" -.-. - - :ura:a. .€• *r-k-, .:5.f �, j, ,eMa .3•'.�",, tar'• - .t. '�'{`'a�' ,y.. _ k•+.l:r< y. _ -f •. J;<, d. $I t r1d: � "• rPrrt`:'7:rt`1 A ' t :NO : OUV ::�' _ CAia�o�rc-�47:,� A - •,':... _ P, + :Altar;', !�► ,," �%J•rr L• ... c: l . a- �J 120110 '' y, :. -.. ,.. .>vr1,'-,i�x'x .r{�� i _ r��-.-.�i�•t�i .'?lf?.-. �.],} ^.}'*'��.::�Yil.. Af!lf ,Mf {- nti<' 'Yf." �k: t. ,.,.., '•,�.r". _... .xrX:"Sr.fi t•.'�: '•K."3,�^..... .,. �eki" •a.+A.-'., .,,-,.. r. <i'-�7`.. T'4_ .. .. .. ..-. �l. s:M�F'�r�.��R,.'-•�r[r.. .T":.,. ,,.R��..`�'...}.. ., s _ M Mrs. 1ettt4dyi Oh, yeah. 1lr. plutdtoer: mold that tiger, Uplain that one to me again. Mr.Olraedillo: `ttgo there rare two phases on Miracle Center. Mr. Plutwert Yes,, m Mr. Olmedillo: The retail apses... Mr. Plummer: Two phases or faces? Mr. Oimedilloa Phases. The retail portion of it is that one that is already huilt* M r. Pluimaert Yea. Mr. OlinedIIlo: And' there's -a residential tower which will .be„ located ! approximately here. Mr. Plummer: You mean, above the present structure? Mr. Olmedillo: That is correct, sir. Mr. Plummert And 'that-' is approved? . Mi.`:Olmeidillo: That was approved per zoning. It followed all the.,.,zoni'ng ?' -conditions. Now, that, in, total, is about 600,000 square feet including,,the parkinggarage. Now, remember there are three large parcels- in that area.. :'a:°;,; The one ='a►ith the -Plitt Theaters - is' located -in which ';it goes from .32nd:,to 33rd. ; t Mr.`''.Plununeri No,' that!s% the theater.. well as; the grocery filling .station. 4s f# Mr. 'OimnedIIlo: That. is correct, that... M. rs.- Kennedy: Which• is '.what, t900,000 gross y.square.°feet? ' :•k;;b n ; Gi ,4 - Mr. Olidediiioi. That 'can .hold :445` buil&ing. plus• an,:.additicnalz•,,400:000.:�sf:�' a; j `,parking` garage." '. So, :we're +:talkin'g •-about 'aight-.,hundred, �'; fifty ,£iioiisand square °feet:• which; will, about' one .aad.;a.;half, rt3mesx:M�xac3e rq.;try#, Center The -Sears' steel • *hich', ia,� on "Dou las it'stra little::lar er a d e f' p r 8 g r! = 6ve:130;'000' ' square; feet''' ekcuse:me.''- 621',000 .add., about arkin` ara a ou 'have-°, a mi'llion`, two ea ac.it there; potiential.. Y p g -g 8 ,' y P. Y',; then;' the 'smaller' one'*' of the 'three .will be- where the . rest:aurants, are,, today:; couple of restaurants -right night to the Miracle Center, ,west df ths.M3raale - FF E ? Ceatar=. And that gives you a capacity., 'af two 'hundred ---an eveaty.isi t'� thousand. Add -.'about 250,000. far -parking garage. This . is t� giye: you;• a ;' of ,what. zoning allows today between Douglas and 32nd Avenue.on tie nortl} side` �� 'of the street. Mrs. Kennedy: Yes, that. s, allowed ';by Mr. Olmedillos Yes, that it's pre sent ly•..alloved '.by. zoning. N;} wN s ' Mayor Suarezi :OK; now, how'•,we .gat tha peapl¢ ;trat�apprAkd?<,-,.Yg4�y,s „sxk��; :' ternii:io3ogy .of .transpQrtati,on:corridors .and Comm. issioner. pawkina askec}•g;%%$f� ttYK mean, .that we're going tci have automobiles "riding Aft'_ a3 x \ or writ? ;�10.$# •{' - a b u d •,ss t�� ,on n a ivh �ir" `t I:k a n: r' s<:s- a`Yss 4 r� 1, f �f ta � j• C1 sk r I B. P` :..:.. ., ., a,{,. rK. L: ' '', - ;e .;F_.` i%.=^•l-' S S 'aAr, »e - f 0 i a j.. 1 - .. ,:.-..; "-':r .." rq 3 `�� -�" ss* ' rr �1aMVr/� r.%M. M• �i�•'}.3.-.h �r pia n`7gY}p M Y,: i ,., ..,:..:. :.,.-.: -� � ��,..: .�PTT., �-P,J! _,•!T'i' '.:t4,..�.Fds .. t!!��C . :':R!M:P•: ..177}�f`!�� ��,�.�,�� .�.7. T :.__ ... .fop r.�:;x �.: ,�l'!r , [! ' a is a.�; M1•�,"?'ti 'S�: � �+_ 'P:'+. - . f - - ,+vJ• .,fit y d �� s - '? .-f,. tYsFY"'l,r �'r.:`•A-i'�;;','�-M' � s -;. ' #ltyo'i�. ui►reAt tell: i,. yea, they approved it. Mry bimedllot They approved it ♦ - •'�> .- ' Mri Plummiere They hey ,approved It? Mr. Olaeedillot They approved it... Mayor Suareze Yee, but now.:• =n Mr. Plummer: That formula?' Mr: Rodriguez: Oh, they approved that Mr. Plummer: Nobody told me. Mr. Rodtigueze Oh 'yes, a long time ago. We announced it here. =% Mayor Suarez: What does he actually mean? - in terms of getting people - through there from an actual simple, logical hopefully, mathematical' perspective here?- ;'ta Mr.'Juan Gonzalez: In it's simplest essence, Mr. Mayor, the transportation corridor is defining those areas of the City which are on the map up on the ,Yr� screen' now :in which there- is:. -a major roadway' and at . least one• other ..way of :; t traveling along the,.roadwaybdsides private passenger vehicles; either':busesi ' rapid transit; ,or. a combination of them, or a limited access highway thatjy permits more options for moving people than just the usual private automobile options. �. Mayor Suarers Let me cut through this -and ask'.you:the 'question+that':maybe Can get; -us' the _answer.. Are we saying by that, as I think we were saying, _.thit, instead of counting traffic in terms of automobiles, we're going to :count it in terms , of the- -expected number of people who travel on a per hour, basis,. I s 'x" guess z �+, Mr. Gonzalez: Exactly. .'`',.,'` •� Mayor... OK. •.. Now, . are we . also saying.: then' that-, if I imeaei, ' liow does r }f f ; that actually =_ solpe it,'.:. what'' we - see::•hers-. in the.: ,Commission. ' as •''bein _1'. iiR,,r. ;,..,,,ram r = increasing -:traffic: '.congestion problem? :<' It.'-doesn'.t; really, t r soys'.'we IS atand .there.'.s: going :to be a lot: more..poopl'e';:traveling. slid :'at: aom�i point i , Maybe. ihey,.l,ldecide: snot to because, :there, is : just:: '':too;; manq; = ca"rid { o°. ^,n nya. t• they'll;' decide,, to.:.use :-a•different, system of transportation that •takes more i than'. one person per vehicle. Because otherwise;:you're just'not: oin able:.,,to::basically:.:'' So we.l.re '.leaving kind' of.'leaving it',.up :to:thsm to cocas with an -alternative system.° {yr :,. Mr': ° Gonzalez: ',,'Exactly, Mr. Mayor. The _example ;that .could be..used' is°`,to : tak'e ;,':=_' x„�.. Coral. -Way, for .example. Right now:..-_ :f `.,.•, i' -4, mayor, Suarez: ..: '-. i YBecause•. we re not. actually providing an alternative sgstt Wt're':: not: -,actually:. telling DCA or the state 'or anybody that, provide. -some multiple occupant' vehicles or 'induce.`minibuses; ti►hick' i- iike,?to see, or j ltneys 'or..':r. u� d M .,..Ro ri uez:; O � 6 ; . ye ,we:'re- inducing that <.we �:a' e- .�,:;;;:" <•.:<' rid. - x h s .. r ' ro osi �`:as B: ,:p i►rtYo 1. s roach'",that �we:',tr P. ,n$" PP y';;t`o...get:,more :van oolin ;'_. ,o ;.: a aza. e P �i: ?t..pl;,;.:11uI:'7C�i7k;p?qXiROW M..•.'x:'u- major::build ngs 'that:.:::' i :.ia � which->:ke.? had: t M S .we tr .'how? B�aYor.<4ua z;haviaS .. .saY r .isS =;• ' ,r `d h. � i ' : r�3 +a 5, _ cf `4j • 1 r z }� ry r,-. u Q�►, � l�Tci�,;go.;...�o°` ��e�Vh:gvo".i ra - h P. n -for:=, :s:a�^' }qr•1' v y �! 1s ' AUV -Y . L•• - a s. r'• ,�/ Cw N'•i i ^jWx -r mot•, "r k { 'gg �i -L r:.,sM.—. ,ivy..:."s:t� , _ '$. 1l� . ,. :. ��w4.)'r"w 3.-�:a w;f:.:t �•J'�'..��.•`,.di.._..,... ..: .. .._:r. - ..., ,.. - i.';•e. •;_•i;A#f.:�;5: 4'''i_Li'."L�: `t, 4f'rri � -'3i'i;.~`�5'it"�"''' Mr. Rodrtgutt: Right. Mayor Suareat We were talking about earlier in the day on... Mite Aadrigueitt in addition to doing it in areas where we have al#io the possibility of mass transportation through buses or through rails, whattvix* Mayor Suarez Doesn't: it snake parking lanes? Mr. ttbdriguez: Mayor Suarez: 191iminate what? Parking lames. Mr. Rodriguez: That's also some of the considerations that we have to look at. Mayor Suarez: we're not at the point yet that you think that that's a sort of a necessary measure on Coral way? Mr. Rodriguez:, In some cases, we have done it and we have looked at the f•,,' possibility, of doing that and as we - we're going 'to have to find new solutions to problems. Mayor Suarez: But Coral Way still has one full parking lane in each direction -along its whole length from 37th, I think, all the way to just about all the way to downtown, no? -to... Mr. Rodriguez: That's a state road and it's difficult also to deal with that. _ We have to work with them at'some.point like they were dealing with the th Street issue.-- They're going to have to come up with a solution to. that problem in -the future. F' } i Mr: conzaiez: 'Mr. Mayor... Mayor Suarez: Anything else, Clark, before we g0 on to the next item? , _. 'put, P Y Y P. D'awkirig: -Yes, the trans arenc back that you had u there before:Mr. please. Now, where will the residential tower go?. .When -all ofthe:..citizenry were., =down 'here u in arms because, of the traffic bein p a p g . dum ed.:ilnto 22ndw i Street by the Miracle - by whatever we have there now. - : why didn''t' administration or-somebody'make me- aware;` if° nobod ' `{ y e`lse `up � here,' would make , �''� us:aware,that the citizens were right and that this was _ g .going to 'be.:compounded::::';;.�_'�:r'�`��� � when-�the� residential= area go up? Mr: Olmedilio: ^ The` parking structures' is for about a thousand. cars,- and.'that,`:. •'':_' ';_,;:'` -: willti take care of both the retail space and the residential - space, ,'so';, they will not build'additionil parking spaces. That.. is "it and that's a capacitq, r... and when the numbers were done for the particular project, the.'y.. were'.done: f`or:<.' ;;;. li•;; �^ the entire project, not for 'a portion of the project;` acid we''•mere discus$irig`::.:.f the different alternatives of how to handle the traffic,'the thousand Arkin garage,was'taken ' into°'consideration'. ' So it +was taken- 'into considera,ti'on•.whexi «' _ we'•mide ',the analysis of it. Mr: Rodriguez: Also, Mr. Commissioner, when' the` Miracle Center"°:-came:'`i vot. y, r not `asking' for a g zoning; They. had the were r' change of ''z • ,,,... 3''� , i. `koplace that :had ibeen 6iv n'man Years in;th'a,t sen$e;; ._ o�ws}y'. ;.;•a:y ou `have' some y. me limitations as to `iiow 'far"could` doTheitherrights`to he aveready r. .{� F rc Mr Aawkins: t,` rou re right; 'sae, but .witht �hacitizens ¢aw ;ihe e ' thin 6 ,4 fferent whea':the"'Citizens'' : 6 - y:are' iiot''ie're::NQw,ii :tle °,e:: a who° `eon Aed: about`".tiie ':traff F 3a in 22nd Waq ` `had '#e hee..::n,..:e,. alraad made" 'concession d. a ce a a': z -",Al >1pY- r 4 I:t _ ,i► '-.., � xi s an t ts� nd apeo:ia~zy#;op; weli'; then it' wouli .have been, a different biIga�f ��:i',�,�, r.`.d 0 f R i igue Si: + r . x e • 7a, f•.,., aA4' .'., Y `Th�y�'.c�ar `� Fe' g ia�cauae .of:•that fir <y�. ?�. mil. �'{:..•.i' Ye:e ,�:.. : c . f °'"'• , , 5:. Y`F ° Y e,N, d e tr- . 7 r a `..;`'`_�P , };1'� i v'[.. • ',.t .0 �y',$p llay`,nOt;'..,,_ now...' _,���,i� �'�-e�niax;• ��pe l.�?: f..�:r*x �, {{�-i-.t, n;, '':s>. 53 Y'' r.f{', .ts i• 2 :x.x•i.;:. :'r.'{ - - "'T.r .� r:T3t",e'...i•, u• f� -':�` _ .: ;4'S^ - ->-.-fiyY.. .j�`+'�%i b»'s,, ,t -_- ,y"+f:-- `'-ie�:..'-t'xo:^`V•`'-j��ii:::,�`ka,,; �``�',-i.i ..ei��,,,,.{{ `. J Sr} rf, it - +x ,d• 3 R* i a6 .' Mt. Olmedillo: No, bit. ati, Bodrigt4si They bid the right, by zoning law to do it.' �'did Mr: Da�cinst Did their permit - t wean, whatever they... give them this right :,ye to bell liquor,in the specialty centers? Mr. Rodri uez: The had the right to build the whole thing. The only tht g y g R y that you did... es or not air. Just a simple �is``or 'did°F Mir. Dawkins: No, aae, give me a y , P y Did, when we heard all of this, did it give them the right to put liquor service in the specialty stores? If it did, why were they here today•'. 4 ktquesting it, if they already had the right? Mayor'Suarez: They wanted to get more. Mr. -Maxwell: Cotmnissioner, . they're.. . f _ Mr. Dawkins_: No, no, no, Mr. Maxwell. All I want is a simple yes or no. I don't need a lot of legal', you know, rhetoric. Did it? Mr. Maxwell: It 'allowed them to sell liquor, but they, were asking something different today. .' Mr. Dawkinss Beg pardon? All right, but... Mr. Maxwell: What they were asking for was a change in the distance separation requirements: Mr: ' Dawkins-: Well, it's.- obvious- that they `weren't satisfied with what-, they had because they came here asked for more. Mayor Suarez: That's right. Mr. Dawkins: Now, and another one had a. f; rP Mr. Olmedillo: Right: Mr: 'Rodriguez: , you mean:. I see what you resay iag. '' ,.=w^' ^ •- Mr: Dawkinsi Thank you. Go ahead. Mayor'`Suaiezi 'Anything, further. on PZ-7? If not..,. i Mr. Plummeri What action is necessary by the Coiiaaissi'on7 Mr:-OlmediI o: It s only are ort that"we re' ' y - p ' presenting 't'o you Mayor Suirers Be mindful of ' the fact that if even though they're°:'wffhiji fi',t i zoning code, if � we• seer buildings of'" that size - continuing to' o' �! there may'' come a 'point at which we' ll � have to take other `ki'ads'-+ef iineasu a "- r;`'=' ease., the traffic through there. If, indeed, we'' feel thatO what; to , $ o ilii:;' doing for the citizeAa _ of . Miami. There ma 'come a " chit' t : ou' know ii ou don't i ive in the - Cit of tiiami' if '" a Y y, ,'.-' ou, ra° he`4Os*n.` !; 6w fy Coral" .abler ou Can' altaa s :take some "'other. buts. ' ' b" r� y r That',:a`;:riot ,cv4�t`` r e'.hsAPq`io".!lave 'buildings that" Pro "i¢e'`tb" ouiY` laic •.baa�:_� .�'`,d0a:: t; a�► �tc x.. but, ti►eenia be a ol'c decsioA` because .t e" Co==ram Yp Y nmai3eson .lade.= t - though- hat .budin "was `ithn. ttie 'aop`in cQde� the°'sm untt_q _ -; $_- B:. : ` o,;. Arai' iC � r atreet'" .:is. etLia tothe` t. 'k':if.- o`in that' `even` Miami `.re #, auffar.:,,ve�i"". if `the " . re'.iaovia `within `the .Cit . o. rs - a y i, S • \ , 3. , —a r, - M QdlCi u fGs° Qne o f ..t B .. �►a `oA . i . na : that --u ' h" ve o a l 'ion .� -A - • rya- �4�r:lllAyr;"�i�l.:.:ll►$ .�11.:"�.1lQ='u:' r�4P01 .>.r !_ E ''i:at�:'• a xL ����r� �.i . +�.A::ieed�� �• `:sar�:4�ea�,v.m�e �� : S+I'st : r'ix''6:*l" -. i. - .� : _ _ '.;-•.•fie>r" L ' Mayor Suarez tut, you were telling us before that everything they did was ..:. vtthth the titbning eode implying that we really didn't have much ilia+ retit,n: a to the iietuil V61fte 1bf ittt6h&ity of +use: So:.. Mr. 01m6dW63 Right" • Mr. Plummets You want to ' apeak on this item, ma' ate? UNIDSNTIP'IND SPSAXEIts Yes, sir. Me. Doris'Shearers If I may, my name is Doris Shearer, I live at 1840 Cbr&l ' mate Drive. I'm a member... Mr. Plummers You've got to be sworn in, ma'am. r' Ms. Shearers I'm sorry. AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO# 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE. Ms. Shearers I''m a member of the Coral (fate Homeowners Association, alsao'the Miami Homeowners Coalition. We- were involved at the 'beginning with the Miracle Center because you gave us Miracle Center. I believe that that map { might'be,alightly misleading. Winn-Dixie,to our knowledge, has a very,.very long lease. The parcel that had the movie on it was just sold this past week.. We have been advised that a grocery chain is l in there. We -are going - in •there._ We have not been told that it would be any large building 'of any`. sort. Fo'r ten years we've heard the story about. Sears being built. t I, believe, that the: people in" the southside of Coral Way, if they °anticipated any',"type: of=''large building under zoning, they would be here en masse like we were here en.masse - when Miracle Center was going through. Thank you. Mr. Plummer: Hopefully, we're going to eliminate the transitional zoning.:. a" .. :`r'•.. .. - - ��� � —ram — - .`'; yJ--'•:;J,T') 14. DIRECT ADMINISTRATION TO STUDY AREA FROM 12TH AVENUE TO 22ND AVENUE' FROM.,36TH STREET TO THE EXPRESSWAY. -AS TO LAND USE 'AND ZONING: r. its o 'tti uy. Mayor Suarez: PZ-8. Another discussion item, Planning Department,. study.,`;`;,:';:'. Mr. Guillermo Olmedillo: That -is correct. You asked us per Motion 89-92,it' brie ' g, back'that area;between'22nd and 27th Avenue, just'`north�of'3bth Streets:;:`..',:`;;-�-;�:h". N: W. and we , " presented you with, three alternatives. One. alternative; is "1er�ve.' + things ,as they are today. The second alternative will, be to rezone the perimeter which faces everything -that, -fronts-:'on- 36th Street, 22nd -Ave 24th Avenue. The third alternative will be to rezone the,.entire area'.betviat',, i 22nd', :, `24th and north of 36th Street to -the City ' limits:.-, We recomtrieifd retain the present zoning 'that' 'we, have there today. We saw, some,: reideritia'°:; ?- structures being built now and we -felt that this was of significant v4lue,,.•for,,,, ,,,,;,; ,,,,,;,• s that particular' area, that builders, rivate' builders'would o`oub - -the re ` ah. build residential 'property residetit`ial development there. The one ;:•thin"' that w to caution you is that e .want if you chose .to g y o .for the'"`�third,.�`._:�_.., • °�� alternative, which, is. to change ttie ~entire area. to .a G r4 al`` liberal= omme Pit;':a`:_ �y 1 cosmnercial zoning, we would have to' go through the process. of plan: smeindmv t the. com rehenai'va ` Ian'amandment. -Y_ P P This will be more .:than tiirae aaro$ and as, fa""�•. wa.have the latest readia that we have m Tall g fro ssee.: is that -the'.'-Qit Anl;.one:: =more o un d r n z ;:.;;:, .�, ,ra •-r;':. y pport its u i g 'the year, the : calon, av� - year _ .f • ,.`.Y��. amend to .th " ,:,. y ,_ z 4' any•. What,',alakes 22nd Avenu ma ical rA' A' 8 inetsad:"oE; 17th Avg,? dt we decidd{ 0 9' �'22ad <to :27th�r!!•�,..._ r t q '.tro itt�st�ea I oi' from 17th to 2 0 .The•:ias3t.,threw APp 1-,iaatio . no,;=-'o.r.,' f.our. paPpo a`pgsla#� P .' :btl�oya.:tli�+a,'�onaninsi n; •er y. �, J,'„., �- -�R1.; ., Q s.,'.. Arad;. kiie m4lcir '.Q t' pi4 ia.,'s o..� Lr d: N ke �: �.. - P �! t. its 4 F. >if''': tO- Y } Y"• -t r .y. . - , Whig --r fir. _ Y •S+.d'.+.. . lip2 =5 w r lr• ` Trr . j �.. w3 `22 ntt•- ' tF.: - Taal^°' +•x d s t' t 'S r', • -•-c to ` .. , ._. "... '. ,.:...„ •.. i-`-... !r.•. :•., t... t'' - , ".1`. �ktr. - .'h,+i ['s�'.�:in.:F:-P.Z k3:.+I_: , - -- ^3�. _.rL _ .lam:- Mr. Olf'f:edillo: I believe... Mr. bawkins: OR, no, I don't care about that. There is no area more blighted than 12th Avenue to 11th Avenue. but yet, we skipped over 12th Avenue+ 110 . Avenue and went to 22nd Avenue and in my opinion, 22nd Avenue is much ieae blighted than 17th Avenue. - Mr. Olftedillo: You're correct, sir, we're just following a motion that wasi made by this... Mr. Plummer: !filler, there's no question that you're correct, but the applications that we had before the Commission were centered in that arefl. i between 22 and 24 and that's why we asked them to speak to that area- in ? general was because we had had, I think, what, three applications? Mr. Olmedillo: Three applications in succession. Mr. Plummer: To my knowledge, there's been no applications come before the I' Commission between 12th and 17th Avenue north of 36th Street. I Mayor Suarez: Is there anything that the Planning Department can recommend for the area between 12th - or it is 17th and 22nd? Seventeenth and 22nd on 36th Street, that would help to improve the conditions in that area? Mr. Olmedillo: There's nothing specific that we have today. Mr. Plummer: Mr. Mayor, I don't think the problem that's existing, even though it can be considered a blighted area, I think the more interest that has been generated is not 36th Street which is presently zoned commercial, but behind that to the expressway. That's where these applications were generated f rom. Mayor Suarez: Yes. Mr. Plummer: They're all behind the 36th Street side. z ; t. Mayor Suarez: North of 36th Street, right. Y 5' Mr. Plummer: That's correct. r:9.^ Mr. Dawkins: Every bit of the land in there, but the majority of it is:owned by Bill Seidle, OK? ` Mr. Plummer: Bill Seidle, where... Mr. Dawkins: Now, you want to tell me, you going to tell me that. from Jackson r High School, OK? Mr. Plummer:- Excuse me, Bill Seidle is east -of - west -of 27th Avenue.': Mr. Dawkins: Are you going to tell me, you said - are you talking about north of 36, right? Or you're talking... Mr. Plummer: No,-I'm - Bill Seidle, to my knowledge, is existing west of,17th { Avenue, which is not even a part of this. Mr. Dawkins: Why? - it's 27th Avenue. Mr. Plummer: No, no, . no, this... b, Mr. Dawkins: OK, that's all right, let's go to Jackson High School. OK? r- Mr. Olmedillo. g1 Well, remember...Ail Mr. Plumper: - You can't an that map, y Mr, Dawkins. All aright, now you mean to tei.1 me that 'f�+pm t�hora ac s a 1 = P � }hut k ,? Saboal, tb Dade Gounpt y:•pzoperty pa, theca is nuthixfgr to ka beyeb- f►. T 3bth Strew to stq the exAir y tic. Qlafs+tlil o. Wee haven t bad ag@lJpatiops iqra aomiag �t ' < i .. 4 . � f f ti. a � Y t{ 1 Yy �,yi �, •F'i, 'Y i} ,59,7 car e Mr. Dawkins: Did you Seek any? Mr' 01mbdillot No *e haven't soaked Any. The only tbInt..i Mri. DawkLust The 066016 but there don't know that you got this. Mt. Olibedillot, The only thing we've done for that, remember the Safe neighborhood program? We Included that area in one of the safe nbighb6rhoodil"., and, to you know, that's In the process of getting... Mr. Dawkinst OK, get the Applications* will dissoxhinate them and sea that - applications that were Applied in there, please. Put them in my office ,aftd-I they got back to you. White-Vei r get me some of them. OK? Mr. Plummort Commissioner, you don't have to do that, you, within your power here as a Commissioner, can make a motion to generate a study be done of the area from 12th Avenue to 17th Avenue, or whatever avenues you want, you Iay out the perimeters. Mrs. Kennedyi Why don't we do that? Mr. Dawkins: So move. Mrs. Kennedy: Second. Mr. Olmedillo: Twelve to 22nd, to complement this area? Mr. Dawkins:' Yeso please. Mr. Plummer: And from 36th Street to the expressway. Mr. Olmedillot We have that, OK. Mr. 2 Dawkinsi Thank you. Mayor'Su'arezt Moved and seconded. Any discussion? If not',,' call the.:roll. The following motion was -.introduced by Commissioner Dawkins , who: tnOwed jy its, :adoption:'' MOTION NO. 89-476'' A. MOTION INSTRUCTING THE 'ADMINISTRATION TO STUDY AREA FROM N.W. 12TH AVENUE TO N.W. 22ND AVENUE AND FROM N.W. 36TH',STREET 'TO 'THE EXPRESSWAY AS *-TO LAND USE' AND ZONING., Upon:, being ed by Commission'or-Kennedy, the motion was-pasne and second 6tio d" adopted,by'-the,'following vote. - AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kehn6dy Commissioner Miller Dawkins Vice Mayor Victor Do Yurre Mayor Xavier L . Suarez NOES: None. ABSENT: None. Mr. Dawkins: i'Now,'*hat do you want.me to.do m6ve g Mova 0, Mr,ummor,;,What: I -No` T,'t fiit tt at'ai r.omed101Well IVit a a., discussion heat; Mr.: Dow,, 1,66,; tj rY sw j" 5 ry m-jII Sil- 55, s IN 1 '!1 1,1!1 M- IlIZZ �-,+'�. t ta- rr.rr-! ^n �ts?'.InA •„1�sit1'':�.,- - -7l �r '� r' >`3: NOTR FOR THE RECORD: Mayor Suarez recognizes the following dignitaries feed the State of Yucatan, Mexico, who were present the cheuntserst Mayor of Merida, Mr. Carlos Savalio Tracofti6j ; .." Setretaty of Development, Industry & Commerce, Mr. Luis relips Riabeho Sequi► W; --rrir�..irrr—r—ii•��r�nr.+a.-- 9A - i-r rr—riiirir—i.wr—ri.nW. L r' 15. INSTRUCT ADMINISTRATION TO TAIM WHATEVER'STEPS ARE NECESSARY AND PREPARE WHATEVER LEGISLATION IS NEEDED IN ORDER TO DECLARE DOUGLAS, FRANKLIN AND CHARLtS STREET$ IN COCONUT GROVE AS AN HISTORIC DISTRICT in commemoration of the first Blacks who settled in this community. S bj Mayor Suarez: PZ-9• Mr.' Guillermo Olmedillo: PZ-9 is another study. This was prompted by the application filed by the Taurus Restaurant and if you look in your map... Mrs. Kennedy: What are we doing here, Guillermo, exactly? What are you -_ askiag'us to do? Mr. Olmedillo: No, this is a planning study that we brought to you prompted by that application and there was a request made by you that we study thearea and come back with it. But there's no action... , -4 Mrs. Kennedy: No action. Mr. - Olmedillo: ...this is a study only. As you' know, the Taurus is located on Main Highway between Charles and Franklin, and there was, an application....::,'',r; filed' for that triangularly shaped property which is just south of Franklin and facing Main Highway. We made the analysis of the existing uses and the. existing zoning on it. One thing I must caution you, or call. -your attention::: - to,. is 'that presently the Playhouse property is.being considered for_ -a. zoning change. and a 'plan amendment. That was submitted to us and' .,it will, get. ao, yoy .;. j_ ;?4'ry through the process. It'.s going' z. to go to the Planning 'A'dvisory.Board 'and then it come here to have a overnmental use. This is; as you know, 'it's olmid B the' state and it,'s the ,appropriate zoning classification and the appropriate designation;'land use designation, that is... H Mrs. Kennedy: The °land -use 'designation should be public facilities .because`' -it'.:, belongs to the "state' right? Mr. ` Olmedillo: Public facilities, that -is correct, ma'am.- That is. correct; And ,what we're saying is that basically we don't see any reason tahy, any changes should be introduced into the Taurus property at this,.point. +' Mr: Plummer: Then the question has to resolve, " it is understood;` or at, „".leapt` the 'way I understand it, where the 'Taurus Restaurant presently, exists is #i 147 s- Mr: 'Olmedillo: SPI-2. Mr:' Plummets SPI-2'" tr�tit �•a2 wrs 'Mr'. ' ;Oimedilios That is correct. It s' the village center, tile;, •Coc nut, ra�reft „jl �.,�. village canter zoning • + r ; `rr :t< <r.'•'-:r 1 ft `at'ti '`N.,`., r;:s+ Y 4 i n ,itse 1f theta •5- .tox atruc'twdneriAndthat' iz,sitY- -' : fact`:',:be, areeted:ori,that "parcel? - ; '.rF ? y .s °3 - F - 'd.' los' On tt at,tioa wh portion :p � H.,l;�w Y • -t ,iti'r�°�� .�--� - - - - .,?` _ - - r.•R^,_¢}: - ,; t:, '-(-':'.-=,:.4`<, i'.',i. .:'i.''�. .•i.2ait .�4, !T:,+� -y'S. , is {{FE 4 •`4, 1 tYr.. e a r. a TO ' rC - tr ,F 3 1''$ tz°;l•rfyi rtwn�„�,5"T" i2 L' `.t 8 •e=> ar •1 L,} ,.,ed. '.t> '`:°:y'��th sat. t°•. a. 'f, tk� r��.. ;:-r. ^• - `M`�.}.';011D. fl:�d 1��r.$� .� e�'..,;�'.n •:R.• $. n..,,.,.,, ,.,�,. �. f. - rt .r- t u "F •t .j, C •.ti _r _ -*'' •;sf;, 'mot _ ��: ",rr x:T-`', .>{._:�f;'":nt.r, :.f.: a'i z, 3',`3A-ti.`' Y'°, �•.�,,: .'r, { � - :-i; t "u.s`r. .� t< •;tii. a Z ♦ 'f'' .. - -- (( , y/ may.,, ..-.,t'Y,.:. ... ..... }.t:''_ .,.. .., ... .r . .. ,a. . <,+a•^.:. _ _.- a- '0: .i .,, ,-..i'Z.'n:`i_:<,'hY.w }�.'.. fYlt«.�9A�9V . _. _� ^� .k...J• t-" - .. - t,+ t t � � fz �' a °r - �'��{ i..'�r''�i`5�' s'1i, :��K ,. I underatand. 0110edill6t Not the parking lot: udder. . is Mr. 61modlllo: but the existing, structure. It can go up to So 'feat. those,-'. are the limitations of the 5f�1�- . Mr. plutiamerI , , fall, thane basically five floors. _ Mr. flitnedillb: That is corract, sir. Mayor Suarez: What, if any action do:you need for us to take on this? Mr. blmedilloi Another pi'anning study, there's no action necessary on your part- Mr. Da+skIn* t Mr. Mayor, I'd like to make a motion. Mayor Suarezi .Commissioner.Dawkins. Mr. Dawkins:, , in...the . loiter I have here I'm going to r@ad just a couple of lines, from it, which says that: ."Attached for your information are copies"of' letters from George Percy, State Historic Preservation Officer, notifying the _ City, that four City owned properties have been officially listed ip'the F National 'Register of Historic Places," and he named them. I'd -like to make a motion,that,whatever it take the administration be so ordered to declare the. 'streets in Coconut Grove and that's - let me see... Mr. Rodriguez:. Charles... Mr:.Dawkins: ' ... Douglas, Franklin and - Douglas,- Franklin -- and whatever 'black area is, I'll get it to ,you. 'Mr.-.Oltaedillo: Yes, sir. Which ones Mr. Plummer: 01 awkin"a': The bla ek area ` that''whe"re Mr: stirrup `and a11;'`of h r •ou 'alroady.,nave a°.shin le up thatsays Historic. -Olmedillo: That's Charles. Mr, Rodriguez: That's Charles. . , ... ? Mr}.,. Dawkins: ,Charles, OK. All right, .that a the' area:.' I• want :whatever- ' ao be .filled •out •tp get that •declared a historic: district, .. x Mr, Dimedillos Yes,'sir,.we'll.%; 3 . • ••' •' for. the boumdarie$ of those�,sireets, -get the a erworlc dome ' Mr. Dawkins: .: , P P, so.:that,we can. get, it ,to Washington and at.the next meeting; I.',d.'like'''ta aialo -'. ;',)s.>•L1.i2 I gin. .-, `.the;, motion here ,that we preserve ..that' district as°a"hisiorie`"'. istrSet;"in':t t t' that'B the area 'that the fiat blacks 'sg7tTed`'in and I think•= i, u s rued. j., ::c;•ar'r°,'' e' ces ;so. it`= 'ots,''to: oui `Mr.. Olmedillos Yes, we 11 take it through' th pro o; ., y. _ z'• hra nin dviao Board. ;ad':7he;Hax ii a-r,?: ': .befor±e- �:ix;:. #Saar:: to "go.: tow h the..' Pl i'tiv'.fl; l i i 1 coin to ou 'for°fia'ai ao"tioa Csns@rvat.ion. and.then t w 1 0� Y. 7' v !fir•t3tA+ , j}ni : Tsla�l; ,ke�ap; me sal. Comm ssi9no';,`Kena Sty:Y,E...'(. Y. ✓ t. c,-5.rt.-�tt��ti�'r j�if„fx..M^i F �'CaS�y't�E'j�.xh_k_.y �� {s�,• k apprissdt:.arhat'. you! -re ,doing.. — #p Y•'.C°'` c!'''tt , }} P - 4 i S- - lonedillo I -`..--7`f."}.•..9i,k 5 f,-P e ' Mrs °..ur0.. }j ;. .I� � 5?•: X.�,e�^y, k.•�'vY '; F; 'r'sv ',+' ,:r; T J , r. t, r {.' ii'u .,`.a%t kT si 'r Mh... •,�.!-$�}{{ .; r,- :�:1R$_#, :�:4f: `,: ��st•.-t�Pha,� ,0 cs:i+s.o.:.�;,.,M�ii`$�,?i-`<)t,'•': i.'•w,oW s. f ,'v!" E• st�!Q Q2'apA yTT 0,11"4F,W �': � t��e, , i, •; -�5`nu - �'i;Y;f7' v'M'.;�L:, p7>$4'"..a'. e -•x. t�`;,fi_.,;., 'h , y� �..b._:``d�=;;,i-.::3:si';�i;9.r,;.7 ,•. a,.. 'r,.. .''�`:' z`-: _�.` .aF. zTp _e .."h,�r ... ,Jp Fi'�%L ;?i�.k::.-F.['f..�,i",,.[}:.E;r y .G,,,•, aT+i.t,:+:�:t 5'. :�:- - ,,. .. .'�• r..�1^•, rr• ,, Y.. J�ems. a y, r u. .i r �.-:c,i.'.. +:-...:.... ;u�-::.nr.__�a",.�_c..--a��aa: J� _ ra.. ".._,. r).. .. ..............._... ..._-.-..,-.._A.a;,..r...-,.,_s,,r.:•...n�a�.,......_d�3S .. _ witor Sutftaa the tibil. , .............jj. Z. We here a motion and a second. Any further discussion) Call The f6llojilhi motion was Introdutod by Commilbsift6t Dk*ktft*# its adoptl6nt: MOTION NO. 99-417 A MOTION INSTRUCTING THE ADMINISTRATION TO TAKE ALL NECESSARY STEPS TO DECLARE THE AREA OF DOUGLAS, rRANktINj A"--CHAALES STREETS, IN COCONUT OROVIi At AN HISTORIC DISTRICT IN COMMEMORATION or THE FIRST BLACKS WHO' SETTLED 114 THIS COMMUNITY; FURTHER DIRECTING THE CITY ATTORNEY TO DRAFT THE NECESSARY LEGISLATION TO FORWARD TO THE APPROPRIATE GOVERNMENTAL AGENCY - Upon being seconded by Commissioner Kennedy, the motion was passed and q adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Vice Mayor'Victor De Yurre Mayor Xavier L. Suarez NOES-. None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: To bring it -back, yes. Mayor Suarez: 'It's the equivalent of a yes. 16 -CONTINUE -.FOR FURTHER'- CONSIDERATION PROPOSED FIRST READING' !_ORDINAkd:' -'amending- zoning atlas at 2900-2922 N.W. 17th Street from RS-2/2,.t6_.. 1/3. (Applicant: Maysland Group, Inc.) Mayor Suarez: PZ-10. 2900 bl'6 k Mr. Guillermo Olmedillo: PZ-10 is for property located in. the C oo 17tb Street, N:W. 17th Street. This is an application to.go from Wi QU which is a single family zoned area to an RG-1/3 which is.duplex zoned':*area.` i. When' -ewe did the comprehensive. plan, this is one of the areas' that *e''. considered for changes, the entire area between 27th and 29th, to go*-. duplex'- zoned clAssif ication instead of a single ` family classif I ciatlbii.:- t�`-Ve. end approval, the Zoning Board recommends approval on a four, to. t ri recommend vote which' constitutes a technical denial because, as you know*, you #,re go you could have five votes to move the item as -an to have. T1 believe the a2 plicant is here' to address the 'rest' of�the thing. The" Planting:`;`; p Dep rtment is recommending approval, Its consistent with :.the cqmprsl�ea k a plan'. 'b Mr. Plummerv, So, youire recommending that in the crosshitcliecl 0 change 7M R(;-;- 1 /3 _�4� Z-1 Mr. Olr�edlllo: Which is duplex zoning instead of at singl�e f i'm W Inder of - .that :block?.l I And -what: about the, rema Z ummar. 4" -Mr. Olmedi, M liummeri I �i" -•4hat- about_ th9,:*i4MAdfidir` 6fth*t�: ""P RG_ b L 10 1 V& be ��'Com 410j_we . a k tin -_�tq K - 1 -:01 J. P Ir r. Pl, Mrs. Kafkhtdys 1<ecauae ybu have some duplexes and you have a 34 unit buildiflk dlteetiy in front; right? Nr;, 0 medilloi Yea, there are a fern duplexes in the area and betwe6h 15 and 13th<°rnd 70th and 30th. It's the only area there that it'* itot[ad` 6ihil16 family. All'of'the remaining-area-is`at least duplex. Across the street is an ko toned district and, of course, on 27th Avenue is a totntnercial diatriet• Mr Plummer: Why would you do this in rather than as a total..:: >:. fi Mr. 01medillo: The applicant has the option to go individually. Mr: Plummer: Who is the applicant? Mayor Suarez: Please swear in anyone that's going to speak on behalf of the applicant, Madam City Clerk. AT> THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. t:. 10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE: -� -f; Mr. Jose Alonsos My name is Jose Alonso, and my address is 1710 S.W. 27th Avenue, Suite 3. I am here representing the applicant as I am one of the pp members'of Maysland'Group, the owners of the property. Mr. Plummer: Are you an attorney? Mr. Alonzo: No, I am not. The question was posed as to why were we trying to get this items, these lots rezoned today or asked for them to be rezoned prematurely .to' the -presentation before the Commission by the ;'Planning 1' Department. It only a matter of -timing. We.- ant to be able to go ahead and complete our project, we have built 8 single family residences that are built on= -lots' 11= through 14 and = 19 through 12, on the , same block. The lotz. that. we're -considering right now, we're asking to be rezoned..to duplexes and 18. Seventeenth Street' ` in itself, the character of 17th Street;: has;`,;: directly across the street you have a 32 unit apartment building: '.:To .the- easti;; and`.to: the: west ;of ' our property, we have duplexes• -including. -iri _ the :iares'''tht'-.::'.;: _ the `-.pocket'that was being:. -recommended_ by..the ''P-lanning Department; has ,.already — been -:made a: --part . of. '=the ._amendment : to, the! master lan. � There `;are=• resentl p p y: ' illegal duplexes... Mr. Plummer: Sir,' -,excuse -me. k : .f Mr.. Alonso: Yes. r Plummer:: Give me your 'name again. „f Mr. ^Alonsoi Jose • Alonzo. �€ ! .. -- ". :, ` r ,. !'�t• •-; .:ern Mr., Plummere 'And'who are;.you representing? Mr. Alonzo: I am -'Maysland' Group; -which is the owner, of 15 ib 1T: and' i8�" Ysr ;? Mr: Plummer: And you're not an' attorney. Mr. Alonsos No, I'm_not.- I am; in: fact Maysland;Group. ;r Mr: ,,.Plummer: "But you! re; not`Iisted as` one of ''the owners: {, y411�:, ',1 iisa'rar''o'i`'S`:.; { . Mr. "Rodriguexi° .�It' s� shown 'oti� page 7�;' ir' , _ .. 'i. -. J. .. , - u . - .. - . .t •1, r:"$T� .'t5i „Is;-!�rF h•' i r 't Mr••=-•--Alonso:,:Xes14.- •;''tR+: +`s+><,H ^ t' .ta. 6 { ,i �atiow you z�an'�Joraie,<Alonso Pu:jQ7.,. 'ira= h R x� t *' Mr.:P ars. 'Oh l'''see`' ,t1K OK, All ,ri ht, tt _ ;N ' r~ .k Mr 10' a' Right Jose 'Alo' ago u of to ^sure:::`:' , l :fi?.a1'1•:,,L. ;,' n+� IMP _Vi- •�.. -:!D " that l a4t .�l$1lie • • . ,.: ,, ..a�-...,kz�L:,t� ,�s 1% -.(. 'ti :S >:':x Z-t , ik •,5k„G?fr- .tl ;.n 'j':t.".:.` :A, :.'-'`i'•• •�{{,�7.� •tR'3fK.,, i 1..�It r�J �4 4 - 't c it rm t v I 1, _ 5 y •:4'. •tee' • i Jt t l'G'z .n , y{: 0 -.. - - ' t AV A Nr. Aitdse�s iie'vs t6mo to You because of the fact that this had charigal0 tab poc%et in. its+ lit the areas all of what is Maysland -the rrubdidis'don itself *ha 'recut rtefaded, and! it tame before thin body, it came bbfi�ra the ,r Departments, and this retoftendation was forwarded to the ,state end sti actePtad. Ail vibe aekiag Itthat you retogttise those four lots so that 46 MAY proceed and complete our deneloPft6bt. ;1 y was there objections on the Zoning Boards What were their objections { Mr. Oiraediliot 'gagically, they were saying that a duplex zoned area mill ;;tv downgrade their property. Mayor-Suarezt I think we have at least one objector. Ma'am, are you going to object?. UN1DE9TIr1kD SPEAKRR: Yes, i object. A Mayor Suarers And, all, oh, OK - I thought you were supportive. mr. 'Oltmedillos You got four. { j1NID$NTIgIED SPEAKERS I ask permission to talk. Mayor Suarez:. Let's -wait, wait, wait, let's swear in the - all of you who —'� expect to testify or say anything raise your hand and be sworn 'in, please, ; your.xight hand._, AT THIS POINT THE.CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.'.'.';` T' 10511 TO THOSE PERSONS 'GIVING TESTIMONY ON THIS ISSUE. s` Mayor Suarez: Proceed, , give us your name and address, and your position. Ms. Maria Tercilla: My name is Maria... ,t me to two 'minutes.. Please>'t Mayor.. Suarez: Madam City Clerk, please time rY , keep,,•your remarks --two minutes and not., be _repetitive. If someone has,,.already , it 1• ' said something, it tends not',to help you to be repetitive. But go aheaciy a Tercilla''.and h five in 1617 Ms., Tercilla: My�.name 'fs Mari �5- - :' hborhood is not as .quiet as:_.:I' 'could;' object'�that rezoning because my neig Y to be,. but .they rezoning". it will, be.:more: noisy, than' it - is: today. I: mean, ; j ,�°al in .doin about: Tamil if'`it's four_ family Lhat `move :over:there and you n►ake<;,:'; ; :;": v� g wfil� be. a' double, of _person, a..doub.le of _.children; .runhl it. ,a; ..duplex, , it . — about „ the . street,. •the cars going',..to• work,, -and . everything is,,goi"ng up;'; Then < ! (. :.t _ ! they - the trash can and everything will go up because is ',more. _people that �., t.e have to collect_;the'garbage and I objected.._because.py.son.was never:]ike that'.: I +don't pretend to live like in Coral Gables, but I want to preserv,�,;say k; ± neighborhood as "quiet as . possi.ble.. ' r Mr. Ramon ,Muristanf s . My .name is Ramon 2furistani, I live 1651 N.W. 29th `Covert:. T y i. I'live in the same s"pacewhere May''il d Group develop -they were 'supposed Cp 5r develop :,12 houses,, . that's whet they.. told, me when, I bought my, house. OK, everlr i person that 'has bought there "is `against that, They icouldn't tie •here becausie : f of.:the, time, . everybody was here when the. Zoning. Board heard iho, cgse andf j'i�; 3, everybody is opposed to that. The neighbors couldn't .be; here- but, you knows x tl}ere ,are ; a, .lot of 'nelg Vora; here.: First ,of _ail', .there, i:s; - if i had known ,fir fi��. that: tiey 'vera. changing, pla�i g _ s when I liou ht `tt a house I wouidO.'t. ;haq+a ,b u�l��y �' ,•� � :; • d., there's: no. wa thax; wizen" they show us .the;''plant':theY':.',LQI;d's,:,:"'.,: t t' a i. her. Y. v;r..r. e..buSi ;;t e>, ". �... , t'o build. . there the re' oing ,`t4,.=b _ ;< 1i_ mod,;,�� houses`` akisy re,. Qp;1ng u ,`: Y. s.,._ x .:.,.� that'$ #�y i bought. them:. EVerybody .gave,_, li�Ce tweet figs tbirt .youe ' _d.. :.f: .hose':houtee and >it, isii}'t-" eiz that _ttisy;== y. a F:; , t• :d own d �o 4` is de 1:••..ar_ i t ,vih tevex ,_t.ha - van 1t. to.;a 'An�:.�i.t_,g •�:1�._ `4` .,;,. ,�.,•. _ _'t: ': �,t. .�a`r: £- .6�`i:, .a:• .F;,vtty%,K. .+ t .p.::' ,g-.. '- .:2`.,. .(,.hJ .i" �n "� _ ' t : resaX ad x•! Thank ' You ( Sf�r •, I x. . •Y l t,. �.'iv'.i.- ,t ,.Ei -"' �".. 'g'fi.: i,a. j.}. 'j,. �.:•# ?' '{,.:�• '`� �','3'^,?:.•:'c`;�s cif vr�i23a9+;g-,�i"�i�, �. ho. o nc :o„ {;;n :Y ;,;s E � ,.z - at5:,;,iv. •,k*> .:.�'"'._ �S:t::,£y.tt.t::r":r:'-.t..<.'E...i..,::':; n":It_,r;:';[�_s:•,,, s .,}; _ ,j,.. „'�,�'�`.�r'_k-.�T"?-7 , M F, 4 - t'•T �' t y p 6!1 ii +nC• pry, i', '.� ip ' `l r�,A•rz`:Q� ��}`• '��," j' . ».` - - ..." _..: ..., .+",f.�. '; i��i. ..��•�......� ..,�T.A* ...t :,'. _��.1:,>• �s: �f!'!!!:r{f,_ .a.?.'����-, 1�'..$!.��. ,�.... .+.Zl'::as.'h+�!ifi�� ... .,. - }�•n , - - s `L^ro�,?`+�a _y a'<zY;�a ��,F r� � t lSi�y �' , �1 ! �� y�-�i -Fv a' :f is to snots far away frD:h these. Aind them iti► wife and NOW pie are 60061king W . that 26ftlisg ,change abd plug thy naighbori 1 have a letter here ft66 hiti, t►otai zed :in ahich'heto 6pobting too t,6 the 26hing changing, OSAMU Daliklt►i3' Go ahead, speak in Spanishi hb differe'nce. , Mr. De iui re t •t, y�e - fi Mr. Rodriguezi Yes, I'll try to. Mr. De YurrB t -' Mr. Rodriguez: Si., Mr. De Yurre: What? Aren't they allowed to do what they're requesting under this 2/2? Mr, Ointediliot Two slash two is single family. RS-2/2 is single family, one �. y . house per lot. ' Mr. De Yurre: OK.: '. Mr. Olmodillo: And what they're requesting is an RG-1/3 which is a duplex 'zoned district. Mr. "Plummer: How big are these lots? e i Mr. De 'turret Fifty by a hundred and something. Mrs. Kennedy: Um hum.' i•' Mr: Ohnedillo: They are 50 by approximately - 60 by a hundred. y t, Mr. <ne-Yurre: Now; doesn't this'look like spot zoning? y: Mr.`Olmedillo: It "wouldn't' be because `as you know, .the ordinance has - .criteria \than' have to be, met for an application" of rezon"in One of thecn?"',:r',;..;;=a.•� beenGhat they have 200 feet -of, ' frontage ' on one street The do' snetr,tfie B merit` frontage require \ Mr. De Yurre:Y 'OK, what are the other two criteria? Mr,"'Olmedillo: Forty -thousand square feet .of.property: or'be adjacent,to and - abutting to a district of which you want the designation to'be.. z ids of. 17th? Mr." De Yurre What do they have on the other s Mr, Olmedillo:\' "On -17 they have' --an. R0-3/5:' y�tI Mr. De'Yur.re: But, physically, what's there now? r [ Mr..Olmedillo: As I remember, there s a large"buildiag there.. ,: f. = } ; Mr. Plummer: Yea. "Olmedilio# •: O I don't' knout• what the use.; of it, jtt}��. -. - .'t - - - 'J'f�;'-x ,i•� tL ::44�i}'-4;.'b"..ti�.tr'.:'r-::`.i•sf-ii,"-,",? "Plummer': It'a-. a' research buildi ng. - afy -r::�. Laed 110:° °We•�=1`' 'tha.. t ia'on-the. arkw id . - r 8: 't a Oh'' Ri�<• !!z; .{R� a `'s� T ati•-.a�-�'+�aros he-',"atr et _ ::�.t. tip-- - arpoeF:tu j "din` :ave"r� 'kHe is •�Tiit{� `a' TTarkinp` r�,o�'v= �'�: L.' .� R. �nl, �, .; r f8.,�, �i'. 1:"..,. - _'}r hw � k? -4,T n. .rye-.. e• . ti - , r,oI'`t�.lui�'.�'���:� *• / -r br '- yr `3-$ ;i :M-.. ",:t.' � ,. � .. i f ,. :; .: •. ,....t" _. � .�.+' �i f-`{�:�L: ,kris r, �4�5 s11la`r ' u d n s t#ia�ce; 'tint: °" dtini' V kaqw s i P�' it •d.-' O �� .. t•,s i J ,^• .Y.. , „ ie e, r 1.� ��T„-. r ...r.._..:... ...,'•.-"__�_._�.{; -_—_,. ... _—...'.1:.�.i-.-.ti:�l y`J �•.iL'_..._.. ._, ....-...-. -.... ,\r:�:1`:J-"_..,,...:..•-SYi.cr...•L'rT-:}!`.'��A,: i'�J&��,fft:.i_ • F r ;..yr``..++_�,•"Mewr;,.a;'�-,:y. t i tl t..'„r,. r a, 7i•,,'.,s -'tom 14 and ltbediiio: burtat an gh Inspection of lots 11 thlaufa�r►i � houses. and 1� Mrs k t3tigh .g$, heirs bitanec+entiy lilt with $ouses� sing r. �ttefl��s that? Den you point to theta? All that. These S lot*. De turretAll those ere single family homes and they were recently Mr. 01e,edlllo: rtx: built At- Can't . i believe [s Mr. De Turret. No more Stringfbllow for you, the it. OK? Can't .take..her,, partying p the owner. Sir, how long ago did .you lhr. Plutanerr:.. The person representing r buq`that property? :, Mr. Albnso: 'We bought the property last June, June of 187. =s Mr. Plummer: test than a year ago. Mr. Aloasoi That's correct•' Mr. Plummer: Were you aware at the time that they were zoned single fam3lq? Mr. Alonso: Yes. Mr. Plummer: Thank qou� Mr.,De Yurre: Now, when were these houses built, going back to case at hand? Mr. Olmedillo: Recently. They're just finished now. De Yurres Just now? [ •_ SJ�N Mr: 0lmedillo: Yes. : Plummer: They're single family? And it' same developer. Yurre : s the ."'+ �,i;t•t. - r:�'- :�'-:•;y : Fes, to the same person _becautae,:_ me Single Yes they belong 01 dillo: g family. owned Mr. they by ahe';saide::p 1 ens shows that 'are e:'and` `the ` tr parencq s"the a 1is"ati r that file pp Mk.,De Yurre's OK, now I want- to get .to the +bottom ::of .,this. You._.re thw sl f; -developer?, Mr. Alonso: Yes.' Mr, De-Yurre:. OK; what is - 'is there any truth. to what: this, gentleman:.wes.: :`:'`.•°,c. here that the, originally the concept was twelve single''.''amily' �.: saying back t homes? sue. The issue at hand... Mr. 'Alonso: No that,is is not the is { ,. ,..,...r r No no,'no ' y question. M De Yurre: ; , that s m r • ap No, there. is' no truth':to that,•.:'It •was never`-st9ted tkaat..we �vexe, `s fa+ ` iA to build We "kpew their on ' 17th 'Street;, we were rgoing; to h►vQ;t`.$,<r�= .ab g r'•. the', f apt .that' ^:the. =t ref � is cond,�� t ssimethi g.... d3gereat `.because' of. <Ga, s; w', s to . build` the . 'slime concept that;,• wp=;we�x.. bui K . ,: �i L rea „'w.ovld gt,.'all4 u ',. u. 1 tih' A 'o aus A,dditioualiq, �%t1l Co1�rt and`'?9 Von �. �o us :#►ll wo:'rq doing '•is as w;al.ly i'. -,., „ , sakiag;`. heA.9495V 0, hold it, _•#:old i y ae b d` 's. aiwar:i i t right? sQ o*prybody:erj,u:..' t� . �•.',r .'!,S�Q. ' ,n' - - -'i• ,r.s;c:..ty''-f... ,:.,Y,�Y,,.r . ..q,, r1 / - S J 1_ F^ i� F J 1`"• Y -5 .f > r` '1 - YI' • , d ' J • t. ^_(:�:.fit ' a{. iS- j. 'r� +�F� 1�:,�,rFF�.. ..> .•+1F,, �rY�'' r _ - >..s' �.Tr,ic.,;;Y T,. ;F 1 +� �.�: ..._ .. _. -. .. ... .... .. ..-_-. .., t . - .•... ...•'•1- .. [ - ., .i,e .r tY.A v^m•,_ It-:..i.r�. •eMiS.!{� �Y Coftbitisl6tert i can bring you the four people that have boughtht have lied the house* there that they have told everyone of them because they to hie and lim going to tell you right in front of you..4 they told the neighbors = to be that a they were #bihfg to. build 12 houses there and all of fact thfire'S one that m6#6d just two weeks ago - that had fold YD60 ftai they're going to build four house* there. When I told him that, they couldn't believe Its Mr. Do Yurrihs Was there ever any plans shown where the houses... Mr. Sanchez: Sure, you have it right there in here. Why are they asking tot to change tonifck I tion it they weren't going to built 12 houses for It! is Mr. I)a Yurre t yes, but did they show what the project or the development would look like? Mr. Sanchez: Yes, they did, they did* all 12 houseethArt were going to build j '' ho"Us ea. Thi's lady lives just Across of it, her none is Babun, Caridad Babun, and she's aware of the same thing and, you know, it's a shame because it they had told me that before I wouldn't have bought, they told me a lisi;' wouldn't hav6 bought, you know, there, because I want to live In a residential area.like everybody there lives. Mr. Deyurre: OK,,thank you. Mayor Suarez: Ma'am.. Sonora. Mr. De Yurre:, Mayor Suarez:' I guess, Sergio. Ms. Caridad Babun: Mayor. Suarez: Wait, wait, give us your name... . . ...... . 'MrII: De.,Yurre: Mr., Rodriguez: Please. r name and address. May Suarezt Tell her to,give us he -,Caridad''"Tr"slat ed 'bMr. Roer guez I'have � 11v id'An `ihat.Ar6aM, iabun:'(1 r.23 years. e h h the,,, 0 Twenty-eight ninety N.W. 17th Street.Shave ,my ' I ousen Vth.� These people bought the lots - of we wait 200i 'and ; across ". corner' -to build their houses just onthe cor, ner of my house, they want to do the:f .. duplex,es. Mr;I Plummer: I -can't remember where she'- lives. I shoul&'kno'w. Mr. Rodriguez: Twenty-nine and 17th. :7 * M -Plummer: u a e n n or is' she in" lot'... But I she in lots' one d'two Mr. Rodriguez - Mr. PlummeriShe's there?, '-V thi B' I at* "Rodriguez I. Lot-' 15,: Aabiunf: Trans ed"by Mr. Mr'. Plummer OK not -And -s'�S 'I hd: in, avor or -in favor?, -She'''*'ia Babun't. ':(TianalatW by Mirg '10'drigugainst" ILV`ithq��74UP16 MC 4;ourse IS ' K# H p Pl•umm OO-- Ms. •XIW �7 '41 1, Ay _ Iff 7 xti ',�.Y0 .: ,1X- - - - -. '.`4- ��-t"ifi�U t&t>°n'�"'�•f� - i.�-ar -� ^;,; fk:. a , - •tom ,P?'i 3...Zr...,. _ 4- 5`Si�. Nl tfi`"`Y`. Mfg fll'tiedilio3 Uhat they slid and Mayor 5uates:. ��iora, senora... _ Mt, y 0 dil,ias Aid what, they did in the houses Mat fine, but -:*Ot Mayror Suitest Khat does she mean by that? Do you underataud? n' .t `gar Mr. Plummert Single family, not duplex. Mir. Olmedillot The eight blocks behind:the application today'have been ,built ' bythese -. same people — : a, Mayor Suarest By the same developer. Mr. Olmedillos and these are single family homes and she says that these are beautiful, these are nice, but not the duplex idea. Ms. Babun: (Translated by Mr. Rodriguez). The building that is across - doesn't belong to that zone. That building belongs to Delaware. Mr. Plummers Delaware? Mr. Rodriguez% I think what she's saying is facing Delaware Parkway. " Mr. Plummer: Delaware Park. Ms..:Babun: (Translated by Mr. Rodriguez). In spite of the fact that •it,'s i -- -� across,-. confuse. Mayor., Suarez: And you're saying,. .Guillermo, that this l . comprehensive neighborhood master plan objectives? Mr. Oimedillo:.Yes, sir. We have it as a duplex zoned district'. =" tI - Magor:,,8uarers What is our idea with that? 1: Mr. Plummer: But that's not: 'been approved. • �. Mr. Olmedillo: The master plan has been approved, the rezoning' has not- been: ;approved:;: •:It.'11 be. before ou we .hoe on second .readin is Se teiaber. q, P B P a Mr: Plummeri Aad.we might or might not approve.' t a ro e:'itr .Yes sir. Mr. Olmedi•llo:. You may or may no pp v ,: �. Mayor ,Suarez: What is our idea in proposing that in a master, plan .for': areas;:;?;'::: that.donat have':t hat '.kind..of'zoning at this-point,T,.,; ,, r . -. Mr..01medilld; We would try, to make it more uniform because:,as you move, =:. :from;.27th:Avenue,,all.-you find.,there is -a duplex district and... -Mayor, Suarez: As you move away from which avenue? f zr=wa Mr. Olmedillo: :Twenty seventh Avenue. As you move towards the west,.' - jMayer Suares�: 0K. We have some:c.ommarcial around, hers, -too, I gather? ;} i; on2tand Ouillo: fronting tir , : " t F r FAY move away from it, .what you have,'_is a kind of "'a step down;, effodt and�!�ur,��yy yn. hate; • du � ► `xont d' and=,they, eve�tuali y � _y►ou l,i' got to a _ lnS e f a # l�' on r SayQ�r S>aa Az"i: of lisp#onet anyon¢,?;: QAe.,�.�►at' rebutta,i Mx. "Jotz�t:4Amay., x'rarited to -c1�►rif a cP�Pi'e ' f� i e► y'°�`� buil�d�ri .across, tha:sLrsek;; ie. ,�io�;-•ii�: ,gym • : r '��di ctR-1. a. o • ('{+jLj �,'�a:�:rS ,{+/,y �.i�e'=ia4 ,W�n ••d:�;+y ]%]yam -'"�:�` .. �'� ��GM1M R}. ,. ,! �l.�I!!V (£ �:.. �" ta-•� Y . - .�� _ .-f-�.?O ;'l ��X.;rr i{r 5•^� ..-. YT'�.f.^• «, �i, _ _ hsr✓ t.'4 �: F1. i 1 - loLs. �t�xat :�4. re: �pgea�}�f,ng: �f:�tha,t.,,:a;r�a.:�o�nQ:cstt�sdor�d��r_�;A!�s��tia�gl: �• _�rF... r.:`. ,,' "-�. -; '.�T?Q.�.: E•��A a.#_%k��i�'.: iA-Y-.r����aM ';puT ���'XA'�f9` �hl� �,�.�'M`r=f=�'lr��!?7?Tx ._�'L.T�C�; �� 20 4 4 fact this actually going to alters vel.re ire just focusing lift on the t 6 and we t thief Whe, to 009 it Possibly the reft6hing tAft e6kiiji tit you fibwt A and design irthItOtturilly,. eo"i6t6, our Pr6j Oct. th appeal plate to. we can 1 from that that we've alraady� built. bu . f %th I ti, our not dittat They #*ill be the *amb. It WL11 be bfifr6l-tiled root, It Vill be the *ake app�robtl, `there III not be any ehaftg6 of thy significance. 366. Mt# Alontot Mri Dawkins: Vould you buy back the single family homes of the people who art *-t&Vi&A1 would you pay them that money and let them go some Vises alto iiih, c,6 you're going to put the other duplexes there? Mi AleMill I buy it back? 0 Dawkins: Mr.' Al,OnsO: I cannot personally. Dawkins: OK, OK, thank you# Alonsoi But don't think it would be a bad investment. Mr.' Dawkihat Beg your pardon, Joe? Mr. A:1ofiso:', But I don't think, it will be a bad investment. It is still a good fam ly',and .directly across the street from the houses complaining,' there are within the RS-2/2 zoning... that were Joe, is that, they said that. Mr-16' Dawkins My' only. concern, Jo t .,they were, you were Ani'd the lack- of a beiier word, into buying, no knowing _d' fioo W a fori going to put, duplexes there.' J Mr.'..AlonS6:. No, no, OK, but I'll tell you what I'll do. I'll tell you what 'did do.. is q Ywhat 1� ou tell you he. say he's going to do, fine me Mr.,: Dawkins:. 4 EE -what e:s'ayyQ , u all, going to do. minder. .Alonso:No, no, no, no, no, it was just a re ' Mir. .Dii h s: Tell me whit he said you all going to do. ME Alonso: X just to remind you of the fact that in lot 0 boughthouse, .,OK. It would. not be in .a he i the land back rpm., the, pflkpf Mr.: "D��4`lkina: '-Al said is, would' you, pu c 8 'th 4fi6thin]kat-they go shafted? That's all I ask. i ', Mr. Alonso: Still, no shafting. Mr. Dawkinst OX. 5: ask permission to, talk. To Ila; "a S Ms. Y_ I Ail Mayor Suarez: - Vho )IORITermissiop to, talk? cilla:, i,Maria Terp'illat_ ission, to talki f ahe.,6an-hive perm ""'K64hadys, i A x� -oink nvi She '6 9 f. su",Ss Corp the; �o 0 arezr 'we I I ry Is -,O't I I -Yes, _Tjjk 44 • ar qii,,,""if" 1 4 k NA 10 A i� t the r�irigle family Will be changed like the City of Miami olsj ett that this di�h't sent to preserve many things. I went to preserve �nq neighborhood ae +� kis is P illy. thank you. 'k Mayiif _- Suatret: Please. , 7 ::. bra:C�einaedys y<su know, the problem that I see there is that the master plan this area for a duplex, so I don't think that we have any has already approved choice but to grant this, Mr. City Attorney? 3oe Maxwell, Bsq. s Madam Kennedy, members of the Commission, I think you Are, ) , to make is that your :yh correct. One of the points we ve been trying There's a specific t; °eomprehenaive plan is now your constitution for land planuset two things have to {.. statute that says that once you adopt your comp p One, you have to happen one, you will have to traftsmittal. the comp plan. within one excuse me, transmit the document within one year of the trans year of traasmittal, you have to bring all your zoning regulations into compliance. You've heard testimony early today that the Planning Department, is doing that. t -Mayor Suarers isn't the implication of bringing into... isn't the in... Mr. -Dawkins: No, no, Mr. Mayor... !!r."Maxwell: Secondly, secondly, Mr. Mayor, if I may, there's a provision that .says during that interim period the Comp Plan shall govern, and here our i `Comp Plan says duplex.' 3 ; Mayor Suarez: Isn't the implication'.of that though that we ".shall :not. no a beyond the'conditions of the master plan but we can certainly stick to zoning —.ri requirements that are stricter. I thought that was the:, implication,;. a'(YM Mr, Plummer: Which is entirely different. Mayor` Suarez z : No? - '-` z a f' A or', ,� Mr.':Ha I .believe that -it's fairly clear on ...what it.:sags, Mr May :. says `' =that". the provisions ' of . your Comprehensive ..Plan . shall goveicn -- - 8pplications-for developmental approval and this is what you have .today I think that this. Mrs. Kennedy: x ,,M Plum eri But not to.exceed.: Mr.. Dawkins: Well, Mr. Mayor, why didn't the admini.stration.tell us at'the x ,.. P g: :.:.'.. beginning that this is a going. thing because, of the..com rehens3ve.,chaz e,....J.and use change, is three, four months, this -is"going to be changed" to, duplex anyway and save us all this time? v.. Mayor Suarez: Yes. Mr. Plumaers That's not necessarily true. hat's .what _the re 7saying. ;�.., r: Dawkins: Well'; t 3' M _= f, J 1 xS �•. i'_ ts almost .th e say he s stating i t , .,. sA= ..� Is .:5r• klift - Com 'Plan' _is- de.way, T r�''Pltuaeri` :The. p �r 2Y s i on; - this Commis '•;,: de endent vote'..b . separate . susd ae is p 3' _ . - :J. :�.�• i' is •�. �.. t a4, ' .a :. *. ll `m : _ ,t z• :.No' :.the���;zaning {/ - - - #"; ,rM or. 'Suers Tp,. ,. / F � fez t r :-.. — a - at. .Y , "•r { Y. `a - 10.. F` rpr S ! 7 -r � � O C a r h - vs t z n 8. ,-� -'I' -belie 6 r* P Ali _ r se 1 . a=� Land,._ ex , Th_- r�- F- _ }r: h: C t- .o" p v � cry: .:0 s'. � `;'_•_ -.-Oline ill ► ±^ - .,-,r- ��• y aFl ' 3{4•' _ a `±e-`:a�� �/�, • #r .ir. :T,'`T.`,%- �- F;:,., : .t +.)--. r'+:a ,,F,;,•.R :... a -:,;'_ ,rarE'r•' ; #t:rr.5'�*> , 'calta.`sNF, pp } oft : ... ..... . : .. 3 , l / _ ZV s S. i §Y. _ a x✓_ 4 i L r' - gip!. ..mow a: 5' R {' rF to 2 ! ` 5 l f R d e 7 h F ,f. _ a'}:'.. :'-n':.. i.. i f ^, r:.._ "fit.,`:, i`Yen ;».Sr,`•p''i,Zb;- k _ it F - _ ar i' - T4 �+lr= Roflriguet! . , �r:;. Pl►serf,, . Nr. �todrigusit: it, you already approve it. bn firs't ,reading. M`o, on final form. Mr. Hummars We approved tine Camp Mr. ilsytMell! Iraq, air, you... Mr. Rodrigdest: With the' land• use plan included in it: :<a Mrs Kennedy: Which is part of... Mr. Plumers We did not approve the zoning. mm Mr.Rodrigue:es You.haven't approved the boning, the toning... Z� Mr;. Plummer: And•if•ve deny the zoning, what happens? Mr.' Rodrigueze Then vs. had to amend the Plan. Mr..Plummers. That's correct. So there is an alternative is what I'm saying. Mr. De:Yurres Is that the case from the legal standpointT Mr., Maxwell: No, sir, I.don't think that it is. Mr. De Yurre: Well, what do you think it is? Mr. Maxwell: I think that now your plan is in effect and it says your=Plan := •governs:;applications and if that plan - if that plan' says duplex at this: tiara;:• j' then: that_!s what ,the.. ;,zoning should be on that particular parcel unt'il".you F. ppA change your Comp Plan. Now, if planning staff says that.... _ „{ Mayor:: -Suarez::: :.Does .'a, ,denial,' of. this.; application,_" in effect, •4'does. that: constitute &.proposed change in a master plan? for thane in . our^ 14 Maxwell : Well* there's - a separate process g y _ ` 06ifiprehenslv Plan.;- andq ou'd have to... e ~ hat kind of -.a re uirement though::"A ° Suarez: ; Hut it, almost leads 'tot 9 —' 'A Mr. Maxwell; . If"you 'deny it, "you ".are,. in, fact,' directing: staff'", to.-go,,,back tg a:aen&,,.;:the ; comp plan to do that, but, still doesn't . do anything' with application you have now. Mr, i.`PI ummer s r: Except for.the fact, : as I " recall, the Comprehensive.. Plait "did speak',_to.just four, -parcels, Lt:spoke:to an entire area. r Mrs.:. Kennedy: Correct. - - .Y•. 1 pie li.'�i'•f:.:,• <3Tf „, Suare : Ye we never thou ht that we would, be losing all., Mayor z s, - 6. a total• 'area where we have a more global designation than the master ' plan` •:thee=: ' % `w :,.. e. xonits co a :desi nation. And •:I hope, u;'. $3 4hat- if spec~ bpi:. B , B we ;have t :; v n q t,Qtal,ly : aat, if 'other requirements., area. t met; 1 It! ju s attar of. going back sad;am$ain, the Cpmp $,a'r�i3� Mr. � �'::. a at � �► B g �. ,yj( +o•�, M4 iY;7 '.,..:. ;}'.;y t '.' -1 - "' - � LY k� y ��'�y'�' •Ma�c:ielI . "Youd :have to amend the Plan. There axe ' s4sP 9 ►$ [re i p Ga 11riR you;: A F ;era•, €ry, ` �"�"�, a X he 2 s n; to of : ruses :to..su pQrt'_.vr�et 3 T:i�<�a Ay,°• .. •e rr r D �f M r• �t t a. ad Sri. ;.tb a t�'.�aF`:' u. �s�aa'`•, - �'1:�, •'om•` ':lat: thxQ �'� gib. o:_ .d.�,. �� 9 F. �,. ,r: ��': ,:r.,._ � .�• 's• r 4 �`•:'R" j.','�,.: it •'ii ' - '`d• z '.fi .� .t�1.•. is a. tr - .J n' S 'r.AZi'..._..,._, .....:.-:,u°�«�...'Q�araw:. ::Vie':'1:z'Tr}l�tii�ne3�t'.'w�iaaM�':w1�:;'tiiAer:f.w�.r�',�rfr1RA/4:?i:��•}I+^t/�f�C�f�;'��:®•,�sU�` n - Mr. MaSev►e11: That's true{ but the .courts were clear that you look to YbUr Cftp Plan and there are some cases, in fact, that support the argufnent that - we'ts making hero too. '! Mayor Suarets Is that right? Mr. Maxwells yea, air, .4Yr� Mayor Suareza That there are actually saying that we cannot have a more prohibitive code designation than the master plan calls for. Commissioners, I {cY guess we have both an individual deacnii�o namend the thisas imastere plan, andoIill decision ,before us as to whether we want entertain a motion barring any further debate. Mrs. Kennedy: Well, Mr. Mayor, as much as I - Commissioner Plummer and I, ' going to uphold the Legal Department's opinion 'u agree on most issues, but I m g g p I And the Planning Department's opinion and move that we grant the zoning. don't:.think_it constitute.a grant of special privilege to the neighborhood nor would it affect the whole neighborhood and we did approve the Comp Master Plan in February of this year. So,,I so move. ;y Mayor Suarez: So moved. Do we have a second? Mr. Dawkins: What's the motion, Mr. Mayor? Mayor Suarez: To approve the application in accordance with the. :.';a recommendation. Mrs. Kennedy: Based on Planning Department's recommendation and Legal. ?;., Mayor Suarez: Going once, going twice. No second for the motion,.. Do we have any:_,countervailing.motion? �, .. .. .. Mr.' Dawkins: I'd like to direct staff to go back and bring' this.. back in. compliance with: the Comprehensive Plan. and see what we .come up ,with.. ` Mr. Plummer: That's what it is now. 1j Mrs. Kennedy: It is. "t L Mr. Dawkins: Well, then, we through with it then. a Mr. Maxwell: Are you asking staff, in fact, to go back and -look at amending- the plan? sV ®; Mayor Suarez: Yes, really, it's wrong to say that's what it is, he `saying that .to .look - Commissioner Dawkins is saying _ to _try- to adjust all of the, zoning to the Master Plan for this area. Mr.. Dawkins: Including this area. Mr. ,Plummer: Well, .in effect, what you're doing is you're deferring this,, ,-,yam ' application for further consideration on the. passible amendment of the Plan. That's what you're really, in effect, doing Mr. Olmedillo: For the entire City'.Bring it art ,.of the entire i amendment',.of the zoning. g F "?FWD :Mr, 'Plwn�aer: because, you don't want ,to dq . $tt individually or yos} 1Qee , ti ` Y 31ih0�, ast : WndOw. s vap• 1 xrYths d _ ^ _ _ .. ._ f 's✓f Y.. A_�`ti'{-i :!'p �. -•W Fra�!sr:.'4 w,• n t, i` Mr. Qimedillos Right,, l o r s I s that a mot iari Mx+ tiilttR X -. }. iP. - f - - I'41r_t- 7 r' H 4•. 1' :L ter{ i•i �.t ino.i " ? ` - - 8 t O' t •i his: s �:t.,r x� '1 Wiiia - M ^e l 'M Jil 3 ?*,` ,:•':t5 �, 1 .1,,,° ! :'}'<• ;r r.r`,�-"{.,`<m '`7i'�'}j ;,'kr.}�y ,��f.t -a Flx: �( . '^F �• S' fir+ P Y'M.lr•7.T r� ..i. 'r-' i( •'_e•' i,: ::k.: ul. `��, ;i`.;- •'4i,'.. s,'• .F.i, .�, .�:;• • ,_ ! ;s''' ••¢„ >'S,:"r .'+, "t `°' � 1'v-ii yes , d t t a Pr F �r. .,l. ,.. KbY.;._: •. n:r :-.l.i''�'l. .`Y: `x'!'`'f'' .z�l, ,,,,. }. Mf ,>; a. — xJ 1'. i Y: 4 .rf ' +d N - - n :R ----- --- -- 115. Ile. Plummert the motion, as i understand it, is that this matter -, .this — : applioation individually Is deferred until such time as the pit�nning Noartuatit has the opportuhity to go back and studying as part of the overall ; two changes that which has-been designated in this area. Mt. max0ellt hail, Con issioner, you're, in fact, denying the application. Pliti7dnert No, sir, ve're not. Weis deferring the application. k Mayor Suarez: No. Mr. Dawkinst You know, if you deny the application, you go into court anyway. Mayor Suarezt Yes, you'rt effectively denying the appii... don't say you're deferring the application. If we don't act on this application we're denying it. 'Mr. Plummer: Continue for more information. Mr. Maxwell: Continuously continue... Mrs. Kennedy: for further study. Mayor Suarez: No, but that's not consistent because the - if we were going to great the application, we would stick with the comprehensive master plan as it Is. If we're not... Mr. Plummer: That is correct. Mayor. Suarez: Right. So if we want to change it, _it-'s because we wouldn't grant.the.,application. Mr.,- _P121—er: No, because- we're not telling... - we're not directing ;,the..; planning -Department to come back and change their mind. We Ire: asking: look at,. it. Mayor`;Suarez: I'.11 tell you What,, -Commissioner, if you renew- gour,motion, going .to second and force a vote on I .. .. Mrs - `Kenneddy: OK, sure: So. to... ;? } ^= ayor Suarez:" Just to see how the Commission stands on the actual motion'''-`. Mr. Dawkins: Hold it, hold it, hold it. You got a motion and a second.. Mayor. Suarez: What.'s the mo..... Mr —Dawkins; ...now you're going to on the substitute motion or you going to- amend the motion? , s Mayor'Suarez: What's your motion, Commissioner? H.Dapkias: it. J.L. Plummer made it and I seconded Mr. Plummer_: OK, basically what it would be to continue this a licatio item' numinformation... tie PP. y Y..,;.•<<Y r ten, for further information. �• _ lip . Dawkins: W. tar-. -Pl$t ppr: redieated on asking the Planning De ertment. to. • - P. _ B 8 p : Sv pack aid x" X look" wit the - possible amendment of the Comprehensive Plah .as it.'stiieai is tost+ey;' , That ! s � tl�s;, Wept ioA: - •r;. ��`�;��r;���: y . stoved. till ;;,, z„lx:'.',Darki�aai_:, !!r, Maxrrsil hor is Lhat 'la +all ? ;; :4N•_ fir;: ►all yell cu can coAtiaust a am r.- 4 � .�►- 1��<_.��ir � oriod.:.Qf �a��aaoaa��.c P- '�- -��u.�'i! _=a�ao ;-D.' .."•iA��` 1. l"1 a :'.90 :days., yQu -Davy .items ,t#:at:.'.Aav o on: `br '"��° �.�� ��+ �4�0` a�14'.'tQ: Old;-..#1�f�'$ L ::►'sx� , 1 ' :.:'`',.' • ii'.<:.: " -,: is `-y'a`,''.r: y�:. !-L. , IMM of XK a�nehdedo that4e a very long process, so in fact Its a de facto deferral,,,. denial . of _ the item. Mr. $lu�iaaer: I'll Move that this •.item be continued for further inforeastion r: for 90 days. Mr. Olsedillot Gan ,you give us 90 days? r' Mr. plumper: diva you the 90 days what? Mr. Dawkins: 0o:you need 90 days? Mrs. Kennedy: He just did. Mr. Olmedillo: The ninety days for continuance. Mr. Dawkins: Doyouneed 90 days? Mr. Olmedillo: For a.continuance, you need a date certain. Mayor Suarez: He said 90 days, you asked 90 days and he said he's not sure about 90 days. y Mr. Plummer: I did? ' Mrs. Kennedy: He hasn't said anything. t Mayor Suarez: Right, he's puzzled. Do you want to continue it for 90 days Mr. Plummer: According to the Miami Herald, I don't know anything,. so he the bell -difference -does it make? I saw that. Mayor Suarez: You want to do .it you're asking..to continue it for,.90 -days.'.. ;} h I can:. te1L you that "I can't vote for that because if we stick to the existing, .'";;;.;-';;, r�F�� master.,. plan} 'we: really must approve or we should approve or it's indicated --;to:`.` approve the application. If we want to change the master plan .and ,re duCOL:bai the zoning, ,the "land use designations, then we ought to go ahead and:., give iAsiitt iiohs •,to,: ado .that... ..And that, in effect,'s, a denial of t th application. .so :I'..can't- vote. for a motion to continue just for the- sake- of, :c.ont.inuirig - mope;,- the..,pain :will go away or. something. But, . anyhow, " if that's the, that's' -the motion. Do .we have a second on that motion? Mr.. -De Yurre: ,Second. f" .. -- rir y Nr Mayor Suarez: Seconded by the Vice Mayor. Mrs.. Ke �.` nnedy: No, 'Dawkins seconded". Mayor.,Suarez:-'No.' 'Yr Mr. Dawkins: Second , it. Mayor:, Suarez: ,,.. ,Seconded. Any discussion on that motion? That:': is;';now.-.a;'.,`�:;�,:���;;-'rt:�,��4� sobstituty motion. Oh, no, your's would - your's died. Mr. Plum eri Whatisthe substitute? jJ �;.'''. Mayor Suarez: No, your. `motion', is to continue- for 90 `logs,got ioD t'a.th .;os ion or.rr,: ,iubsti}�ta •mot I e ly;.mot on the' 'floor } 7 � ..: 0r• Plum ri -,ci —3� Stt�s3 9, c1 the :roll; oz�;..that:naotiAp 3';,;t;n i, "` � Al 11 e�'�et-iyP` . �:�CYJ i S_ 1, ,.i . "�t fi3••..` k � �/1%yei �!,S „t 1, Y �]a.� {k,""i� �N,-'! .Y, r-:!t J, '� f 'Y" •u:' rfi.: ,1 a,, 1', .7 .p-� g' +} t�'=ii'Vr �.- _ �,d-- .21rT'. e' r_ ,�.rs -4 _ Y.ftii,. +:TLy A rrh't`.r" y - 'rn -'.yi-: ; tom.• .•;,•..• � `"i,A .fix. .r•,'r,.r,._,�'k'� ".,•��:-:i,,. ,xuC!,. � .A.�' y '€* r;...>::-'::,:-'.:':•:;`.'.. - ass"• x. { t— r C^ �y tY a= x• A i rr ! - -- - ,r J `Im r1 •a ^"]] , H r i - - .. +. .. ail ,• ,vim hS*+r:-f. _ .. -. .... .. .. _ `.ii+• - .i"x•.. .. .r. ... .. .. .... . ....t .�f' - .. - �.:�'.. ...S.:ima.. ..A ...$:x�i.Jeti _ a _ he folio+eit►g lnotl6t was introduced by Commissioner Pluftmer, who moved its adoption: — MOTION NO. 59-478 A MOTION CONTINUING FOR FURTHER INFORMATION PROPOSED FIRST READING ORDINANCE TO AMEND THE ZONING ATLAS FOR s� PROPERTY AT 2900•-2022 N.W. 17 STREET FROM RSA-2/2 TO =',f RG-1/3t FURTHER INSTRUCTING THE ADMINISTRATION TO BRING -'THIS - ISSUE RACK AT THE -MINTING PRESENTLY - SCHEDULED FOR DULY 27, 1999. Upon being seconded by Commissioner Dawkins, the motion was pasted and ' adopted by the following votes AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy _S Commissioner Miller Dawkins vice Mayor Victor De Yurre NOBS: Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mayor, Suarez: No, "no,"I can't -vote something inconsistent. i c0MMENTS'11ADE FOLLOWING ROLL CALLS Mr'.'Plummers 'Item 11. Mayor Suarez: Does that have a specific date attadhed'to it...' ; Mr. Plummer: Ninety days. : <' •' i$. Mayor Suarez: ... since we said 90 days, , you. meant the ' third Planning":and Zoninga ends item from today -right in -effect? - ` B� Flamm e Jul .. - ra; Mr.: er-r Wel 1 � Jun _s Mayor':Suarez: We have August recess. &S, a Mr:: Plummer: It could either come up _ in late' August' or 3n September, 41ther - one."", Mayor 'Suarez: -We usually have an August recess. a >; } Mr;Dawkiniss It won't be -iio -late August,' we'don't meet .in August; "Y !' Mrs. Kennedy: In August we don't meet.' ` Mr. Plummer: What? t- +' Mrs. Kennedy:' We don't meet in.August. . r . Dawkins: We don't ,meet in August 14 Mr. mPlummer: I said July or September. Mr Dawkins:: Make` it' July: 3 ` Mayor Sudxers Then it note 9p ds3iys. All rigi�t:- ' k: .., 'y' : _ _ ' s• n. - - ..zr..4 ,.,sue .{ iY R' �oaw dkaue��'y=., TeYMi:z.itca;^nh. ~ne. '=oi �ta a 9a,. 0cndda;•myst,iia Ss�-',� ae:a•' u ?ry' r "±i 5''?,i:' -ttom..A,,.:;,t`•'•<r)'am:.,t",.u. ar n aGI�n s iHakbt i��•:y: - r' _ r� ;r :�:r ±H�► "i�°S ,ar 'zs W�i�t:' tp kp= .3 �'. �e a� ......... d•. .?:: fir, fi �+ o ¢. �r c. �' %L . r'f ..'.'f Vie-,• t•:+':,::. W •5,! .Y.y. a, '!�•a a ':Y i F Y -t - It ii 1; as3 �-•a ::*" ::r s''..-' -,;:':<; .,, - -- - ^�:"..�, �, =4':: r_':ii".�,�,iy, ., f:'; t�i'::, _;'�S,tzt .,t w. s, �y,,,�� �P ,.t:. r .il .11 ^' r _ .l is�>•`i';.Srv, •i' F• r 1'y5t T> . r .. _ ...-t:'ter..•.^... a.i�. V ;_J 0 we heed to take another vote Or is it clear! PI*Jkkb W take a vote 66 t6htttbd the motion. July 27th, Ma or Suareze Sams two 100viints' y ComEoiasioner Plattner, vb -th6v6d:. - introduced by The following Motion was its adopt iota l THE PARAMETERS or NE H11MINBELOW MOTION IS CONTAINED - IN MOTION 69-418. Upon being seconded by Commissioner Dawkins, the motion was passed and adopted, by the following votes die AYES: commissioner J. L. Plummer, Jr. Commissioner Ro sario Kennedy Commissioner miller Dawkins Vice Mayor Victor De Yurre ..... . NOES: Mayor Xavier L. Suarez ABSENT.- None. Mr. Plummer: You want longer? SCHEDULE PERSONAL APPEARANCE By REV' ., VICTOR.' 17.- (A): INSTRUCTMANAGER TO CURRY AT JUKE 7$ 1989 MEETING in connection with "Concerned Citizens of Greater Miami on'Black Issues".- (B).,INSTRUCT ADMINISTRATION TO ADDRESS QUESTIONS' RAISED IN, -CONCERNED CITIZENS 'OF GREATER MIAMI" AGENDA FOR THE BLACK COMMUNITY" Request i Manager to jesafit' a written.,report.., _p emitted to in6.-thi ran request, from Reverend Curry. n _rs -Mayor Suarez: We have a J t least'. that -Is. the 'way.1 -u de t' bsmade�' a the., 9 n 6 it's',plann , �. ecaus 'n he,.,,items con a b ined in this sheet, Reverend?' And, ton n9 g endabecause we're not obviously.SC, heduled to beari this,,:'if you.ouldNfr recall �� t into"'the: this, sheet'. or introduce -keep 'this -statement to whit ii,:::in �11. schedule X eat - a full- hearing on it,, we. yo wa d requ nt��to, an what,. ji6uld.`11k6 wan 45 t. put`'your' name on w* I 1 1- 11'��i the record and ,that s t to us n o. th' record? .Madam City Clark. 'Reverend. -int a o'in oipioiiite c My name is Reverend Victor Curry,, 4e: R* rend Victor. Curry: ' 'citizens of Greater Miami and we would like this particular spends S Inserted, for the next available Commission Meeting that has: nothing Ao d When' would that be, so we would... Z. Mi� Pl�mme u*, Ilth, right? ,r: June the Zt.��� Mr. Sergici'Rodriguez: June%7th. rt '.,Sev6aih? _4v syor us 14at �Ma`.g_ ve'.. . -the -7 an ad t, tp, Mr, R at Yes 1':-belia4e you..'ch LeItinitru6ti as, Let'me. give. specii " :'; a'g,?",,aa. =` Mt . Dawitins: 16 that a tibe t 6ttaifil Mr. Flvirsaar: Mr. Mayt;ri I v6uld -auggbstj to try to keep a Continuity... Mayor Suarstj `foa. „ Mr. Piusadner: , .. that we definitely instruct the administration that this. item is on the agenda but if it goes over 80 items, take something else offs Mayor Suareet Vail, if it hasn't already been made up, yes, we'll take: something else out. ` Mr. Dawkins: Get a time certain, Reverend Curry. Time certain. What do yo>i want, S:0O o'clock? Four o'clock? {' Reverend Curry: Five. Mayor Suarers.' Five o'clock on June 7th. I'll entertain a motion to that =` effect. Mrs;'Kennedyt Move it. Mr. Dawkins: Second,, Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Kennedy, who .moved, Its adoptions 7. MOTION NO. 89-479 A- MOTION -'.'INSTRUCTING THE CITY MANAGER T0'. SCHEDULE :A, PERSONAL APPEARANCE., BY, REVEREND'...VICTOR REPRESENTING: "CONCERNED < CITIZENS OF GREATER. MIAMI. ,-,ON' , :;;`' —' BLACK ISSUES" AT THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 7, 1989; AT 5:00 P.M. # Upon being' seconded by Commissioner Dawkins, the motion, was passed adopted -`-by the'following:vote: >y u AYESi' ... Comsniasion6r-J. L. 'Plummer; `Jr. " w ,f ; _:, -Commissioner Rosario Kennedy Commissioner ,Miller"Davikins Vice Mayor Victor De Yurre, Mayor Xavier L. Suarez NOES i,: None. ABSENTS None.... Mayor Suarez: Yes, the sheet... Mr. Dawkins:. Where are the sheets, Reverend Curry?"a Mayor'; Suarez;, The -sheet 'that' I identified--�is,the one, i rwould ®' Mx; 'Dawkinss ' OK, ,mp 'staff "'s.:got`mirie.Z,Nt Mayor> Suarez: It .'would be extremely helpful if we #�as� eith�s ;4tt5' y organizetion$i' or, an.. - L .4Fi^f-'SGtyf '�i' :y. �l yj �- C,d: " - 9 , r:i. R , ; l-� ti t 't'_: � n- . e..�•r` ' ie sv' - r r�`�'�,al'e'>f-3�^'- 'e'°i everendr; urry:. ''Yaµ ,nosed. aopias? . We have _ c p s env I ib# e. `' — - f'''i''- .> • -r,:r ntfi�r: �•¢�� .:�)' e .'�.�y, ,YAK, ,' ;s. rs.' S t, w';„fir".-."•',5''>}`Z .3V '��- o�aid•�>r.be-; �. �u ' - `.+�; ' .Ver h �;:�_ IM , Ar 'anina io a1=.r'-:imd ;Y du 'ai at m zk. who.`dtAnda:p4hnd'.the':i it inezitts" r .tBeir:: request +air i ; . �2• r } s"u `! i • ' � , 1 ?J "ry�`r-,�Fi�'����� ,(1n,;ac.': t A y3 v' "e r _Q q .S i - S�F 4: - F:"h;� .v; _•::s n� b ''R--.'.� 1 'ir 'L •Y'fi-'iN1' .i /� -�' _�����_..�,: � ,`;ire: #����aiaiii.=:_• ���`. S •i _ xL yw 1 i-tlx .i .;t•v.../ 1 -, � 4+ i i 15 {iitit , xR.y ' `� 4 kill t i �r �+!. f �t� �t r r t�iR'•X;.:.tt$}� F D Reverend Curry:_ Right. Mr. Dawkiine: And Mr. HArdemnn, Bill Perry... peverrsiil� Cutrj+s fir. Hardemon, Reverend Munn, Sill Perry.. ► 1 _ Mayor Suaret: t'he Reverend Stark. r!7 Mr. Dawkins: Reverend Dunn :}'= RevCurry3.. � Reverend Starks I mean... 4" : Mr. Dawkins: Mrs. Marie Adker. Rev. Currys Yes, the list is endless. Mr. Dawkins: And Campbell, Mr. Campbell. Mr. Plummer: Would the Clerk make copies for all of us, please? Make copies, 1 I haven't seen a copy of it.. Mr. Dawkins: Reverend Curry,. 'if you get a list of the people and give it to my office, I11,1 have it typed up, and give it to..... Rev. Curry: We'-il.get a.list before we leave `today. Mayor Suarez: - What is' the name, if I may ask, of the second gentlemanfrom the right„ in the front row that we see here at City Hall all the. time, sir? Mr.'Dawkins: What's your name? He just want to know your name and address: Mayor Suarez:, Orjust name is fine. Mr. Larry Thompson: My- name is.,Larry. Thompson, I'm a member of the Miami -Dade. Branch of the,.National. Association for the Advancement of Colored: People,`— I- - , .: I'm, -also an aide to the Honorable Mayor Robert B. Ingraham, . City of - Opa. Locst:; Thank you. Mayor-,Suareze Ah. Convey our good wishes to the Mayor of OpaLocka.. Mr,. Plummers. Who, formerly worked for the City 'of- Miami.. PZ-11. Mayor Suarez: Former City.of Miami police officer. Mr.,Dawkinss Who retire, he's still. -i .µ+ .; Mayor Suarez; I'm sorry, Mr. Vice Mayor. It's introduced into:the record,'.'`. .'•- Mr. De Yurre: Well, what I would like to give some instruction. I'v,e:glanced at the ,questions or . the items 'of concern,' and I think that: it behooves ,us:_ to { make sure that the administration has answers to that. Not that ,we j asking..." ; Mayor Suarez; I'm glad you mentioned that. I.am glad you mentioned •that.' Mr. De Yurre: ... asking the questions then and all of a sudden.'we've spt�nt two hours on this and the don't have the ,answers and so. Mayor Suarez: -,And in writing', and in.wr,iting.,.', tt�45�s, Mr. De : Xurrs3report.'..: .. , in writing a MaySua"pz.s`s,weisvtimeto digestit befprs.: t7a hea�riu.,. r ::,n:,.,_.',. ,•. •1' it - •:tYR �P t 1 k� move;�,:that' lie. Dav�s..:a:-xe or,atn.,# ft -.. ,4. <. adore $i `t ese..ot�eer s: rthsx? are:.aut�ined ;ot� :this .'has,:; Qf.: .,^y.P: ::D F . y 1: to whe co a' u -at,: the - t>. a:o ,i Y• ;r ' Fx. wmoved�. . a..� ,F. _ 9 fY• h' an•3i: 5 Cn. - •lr i - - er YSSM MY I - t F • 7t,_ 4.TtiA..r J . r rfi: Fy R, ` 3. .f F M t d .ai' ,'y- �.1+; Y I ' y';-` i. { ! .'•F fi +.i.. ,�:w , a a 5 {� I 'E7'" .t.i-: f`- I i ? -t f • '.,t , rr:i a' S+.. -N.y� ..p. 4 k® -i��'%�^+f.ni{f"•'.: n.. . e'Kiy. �l `... t e _ -., ... isn. . .: ,. .+ v:. >. _t',,.+ ..,.. t.. .... .... .4.. ....1e-... .• f•4 .. `§.:.x]�tir' Mir, ,doe teManus t second reading,.. ..1' v�}h , t i rfsCv+tH rs.t.zXn.^?°�N`3tRua+i'••�` � Mr: Mayor, members of the Commission, item ?Z -11 is UP for a Mr. tiawkinat #old it, hold it, nice Mayor made a motion. Mayor Suafolt that's i1i the fbirm of a motion, do we have a second? Mr. Dawkinst I seconded it. Mayor Suarezt Any discussion? That obviously applies to items that have to do with the administration. Any items that have to do with any one else,the atfactid'or alluded to person can or cannot reply as they see fit. Cali the roll. i The following motion was introduced by Commissioner De Yurre, who moved its adoptions _j MOTION NO. 80-480 f A`MOTION INSTRUCTING THE ADMINISTRATION TO ADDRESS THE QUESTIONS RAISED IN A REPORT SUBMITTED BY "CONCERNED r=, s t. 4: CITIZENS OF GREATER MIAMI AGENDA FOR THE BLACK COMMUNITY" (WHICH REPORT THEY SUBMITTED INTO THE PUBLIC RECORD); FURTHER INSTRUCTING THE ADMINISTRATION TO HAVE A, WRITTEN REPORT AT THE MEETING OF JUNE 7, 1989 ADDRESSING ALL QUESTIONS RAISED IN SAID REPORT. s Upon being seconded by Commissioner Dawkins,the motion was.passed.and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner,Rosario Kennedy ` — Commissioner Miller Dawkins >z Vice Mayor Victor De Yurre s'N` Mayor Xavier L. Suarez NOES:. None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: tz� Mr. .Plmmer: What is the motion? "} Mayor. Suarez- That the administration have answers to the things - here''that pertain to the administration. _ Ya Mr. Plummer: Oh, yes, sure. of course, where possible. ki Mr. De Yurre: Written response. Especially 2(a). r ti N' s t' . i '' .,4 t .... t ' r . r 4 ;-•� "+3r'^ram `}�,r�'�+ 4? g x ,3 h { rr! .�S d '� _ �'r.•r,..=rr..titi :;s:.; F'. �'Y%,.RRR,,,' S 1 { 5 r 1 f t s�4}z+. # r� f•'i»i:i*'.i;. ��«�y� ,1'' 14� .1 - 'f r'• tee .4 Y :.t. . F• f•r Y'i- .. r' c. 1 G• f.• t t :.tL}i.�;,{ ,...�+...j;i,:r:',°., •a3w+t?:naw✓3::i.ut«{!n ccw' a.�a.y,t:.rti..-"'.ifYrwi:l:ii.lL'-ri.W.ilf►�i/.r' i�.ra." - ickell mi vOt 18. SECOND ttgADiNG 6RDINARM Provision s end , YS changer permissible iauses iaii8 hesidential-offite District eise limitationa, ground floor location and accessibility of establishments i change contribution to Affordable Housing Trust Fund add public amenity uses - provide new bonus for child care, (Applicant: Planning Department). Mayor Suarez: PZ-11. Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ_ll is before you on second reading and received unanimous vote on first reading. it pertains to amendments to the SPI district in the Brickell area. It is occasioned by the requirement for recognizing the flood plane and also for the large site of two of the development projects there. That is the 1111 Brickell project and the Brickell Gateway project. These amendments propose changes to the size, street frontage, occupancy and accessibility of establishments. It proposes a next bonus for child care. it's separate parking ratios for restaurants, retail and service uses) specifically, it deletes restrictions with regard and service floor area and the previous limit on the size of the establishment at 10,000 square feet in a -district, removes those restrictions and allows 'the retail and service uses 'to be as liberal as the CR-2 district, adds three limitations in regard to the ground floor, can be used in addition to higher floors by a Class C permit that retail and service establishments are limited now to a ratio that equalizes the area in establishments over 10,000 square 0 000 uare feet and at least, r feet against the area in establishments under 1 , sq 50.percent of the ground level frontage along Brickell Avenue, 30 percent'of. ground .level frontage along S.E.'Sth Street, 12th Streets and 15 percent'of the ground level frontage along all other streets be occupied by retail` and service uses. It requires 65 percent lot width along S.E. loth Street to be occupied by retail and service uses and... Mr.' Plummer: Excuse me, Joe, I don't find any of that in this ordinance' r;y before me. Mr. -McManus: I am looking, Commissioner, on•page two, 'on the analysis... Mr. Plummer: But the ordinance does... what you're proposing is not. in the"i:,`--:;_`;:'..s ordinance. 5= Mr. McManus: What this does is summarize the ordinance, Commissioner. a: Mr, Plummer: I'm reading:.. item 117 Mr., McManus: Item 11 on page two, in the analysis. n•; Mr. Plummer: Oh, you're reading, OK, all right. All right. Mrs.. Kennedy: Joe, excuse me, what is the new FAR bonus for child care?. Mr. McManus: It's on page 4 where it's hand lettered page seven at the boit'ota' of the'page, item 4, child care center.... `- Mrs. Kennedy: Um hum.. Mr. ' McManus: ' ` For every one square foot of floor area of child., care center 1 ' indoor: area,' and':'two square ,feet of .child care outdoor' play 'area, ,'meet, •tie. __r,'y-?.,;., ,, ' requirements of the ordinance: The total allowable 'floor,area shall be ;5t` 1 �, Increased t:•by.4.:square ,fset, but not to exceed a total,,floor.area''lnaresaa..o it !� ,5.time a_gross.lot area. {� e think it a. the first`° �iini� ;�R.Y01,��.;; Mr. Plummer: You.know, •I underlined .her , I m ,. ,y,..,,,•, ! ` v. se an:' ,.th wordin b increasing the .maximum park limitit 6As eve ¢ s': y: g g always spoke ; tsi • the , minimum.; McManus: There .are maximums 'here. ' -t1 -a% kYt4»4J` p'J a �''r= •ap, - / p i �$ '�3�.�i''f.':'.p.-i.,''i�3}6 �JM5 t- -j ..e •T" J 5 t {�.i::+,."t.{�t»�j'l4��if�� '-`�i`"• !h f e :Y ,... .. .-. .. ...• .... i-....._fl .. Fa. ... a. •.. .t.wi 1... �--<";. .b,. +f,„«:C�..hd �?fie`eiy?�•`'S�• Mt; .McManu►f Minimum... t�l CZ r^it •; Mr, yiummer: what would be the.+. what Would be advantageous to the City o ha416geiairdua► liarkitaaaem like to lee in all of these buildinga, you wbul,d want to have mote parking, not leas. Mr. Mcanuib:igaioneti we're talking here about the Bricked area its! We're talking about the extension of Metromover. Mr, llummer: I'm talking about parking, I don't give a damn where it is. Commissioner, sioner, what we're trying to do is to encourage Mr. ; insofaras` McManusOK. poasible, the utilitation of the Metromover, and tie it into a Metrorail... pi%ufter= That's fine... Mr. McManus: And we feel that... Mr. l'lummer't wish in one hand and dream in the other and see which one h fastest Metrorail is not being usedl fills. up McManus: But, Commissioner, the thinking here is to the extent to which` '; ;; Mr. we allow an excess of parking, we're working against the public dollars that ._ ." ..! "•; are being put into the extension of Metromover. and Mr. plutnrneri Hey, Joe,, I understand lswish tandothatgs a realityayi yon.wIare, trying to propose would. becomewhat But it not, . it would seem'like=a -r; why;';I..question why we put 'a maximum amount. everq, You know, developer is -going .to '.put _` in,.: minimum amount and. -you know damn well that that But there ' to speak -to the fact the mi' J'-'- .amount, whatever is re' uired. . at I_.m looking at. would be; maximum, you know what you',re looking and what W the thing they.'re r going to want is .they're lot, . of"`'crowded stand next' 'to to build 'a parking garage. Now I '.just don!t, ur,? 'going .viant the: taxpayers have a of 'parking. The s ,tny' t'r.?4 `understand`'.why' .you want ..to :maximum _amount, opinion.: t: McManusi: Commissioner, we b el ieve that ro er:. miniattutn: ° = :'_.•,., the minimum is a .P, P.. :•.,, _: ,;;:,;''- .r.� u f, and the "di;veiopers; we think, are ,going to 'respond .to that. What we ! re>ary,irig _ ; . to` =avoid : is.' some developer 'coming', in and providing, .you know, : an ti }_ s:. F:�;: • amount•' -- - .maybe-.*.,.'. Mr: Pivlmmewyouk-can Mr. Rodriguez Mr; Commissioner', this has -been- ot�the' ordinance. That° =J' doesn!t; maks,.,;.;it ideal;""but this has been on an,.ordinance for .;a long; -long..;, •..>:` _. _,,;!! time: We''ire not if --you look ' at that, ' this at _all, : this has,:been on r ,amending, SPI 5, It''s not:. part of the amendment ' and have ,been working, `apparently: works 4. well,;• in''�_Briakell: _ �A�;'r>. - o a problem with the wording about maximum parking::' Mr'- P�lummert, No, I got p ,..: < _ve reeve have enou h, and .,yet they're setting a maximum.; yea,. but:'. we, r g 1 Mr Rodriguez: In, that area. of Brickell, we have plenty. We ha�►en't,.:had" a r <? prabiem with Brickell.area as to parking. Mr.=`-Piumimert ji;,ri bt:,: then. give me. on the w a='•ie::. tha..._,, j:(,''',;'.rl..,.•,,,w squarefpots, a -basis, ,?• t.. �, ` requirement .today; the "minimum requirement?, �r t klr,." R'odri vez: The minimum.` 15' t�� � .�' yd ,•a j {ks a ' ;.. - '• .+3(, ( ; j ry-r J�'�, %'lit•Y r1i.• .. - r< _ cb 1r t r•4 r P"�' �-� .• e• er Q s' rho aA •.- a -;' ::,ig�on n .3 1n'>�rv,.,.<. a .,: - �'�, ��., `y _ ss ^ = a, n. n ed. fi r lµ e: ti 3 i "E s•' f :Y -. _ ' _ '-' �' ".' 1 �' -rnr_»•a..� ., • ' rt f - A - x 1 A -a w� as . , .. - • ^,, - ..{,; .. - , r . 9_ :4. ..=!�,?,H�15 tYff� r.. -- — , r _ • V ug L, Mr. Piumaeere Is that total gross or usable? Mr. ltodriguist' It's groat! flftr'area, which is total gross. Mrs PYtt�htaet't total --gr6sa: go, a hundred thousand square feet would i+i wire A hundred parking spaces. y° � A6dri uezt light. Mr`� g Mr4 Flutnmoft A hundred thousand square feet... i. Mir.`Rbdriguets If it is for - depending on the use, Yea. sj ' ! Mr. Plummere whit a minute, wait a minute. The Citya talking about building ,Ob0'aquarb Y" building a hundred and fifty thousand square feet. In that 150 `=•¢d�.,r i feet, you're talking about four hundred fifty one and a half employees, as i remember.. Mrs. Kennedy: Yes. Mr. Plummer: Now, where in the hell are you going to put four hundred fifty Z:— one and a half-em to ees'in a hundred parking spaces? ' P Y P 6 P Mr. RodrigueztNow... i Mr. Plummers Huh? i Mr. Rodriguez: In the particular case that we have of the City, we have <<' —; already, a parking structure across the street. We have also Metro And"we.. € don't have the requirements of parking that you're talking, about. Actually, -•t- �. we're , talking about using the building across' the street that has some. surplus ;.' parking.and the fact that we were using Metro as another way of transportation_ [ . to take care of 'that.' Plummurr 'It' don't make sense to me. `.' Mr. Rodriguez: One thing... .let . me tell . you, if it is... if it ain't broke•,, �} 'don't=.fix' 3t. -In :this -particular--case we have been. having -the.:ordinance, f.o'r:.._.'.: :a long time: in Brickell. As far as. we know,' we have never :had a problem in the Sr ckell. area with this portian�of•thia ordinance. ' hr: Plumtiders Yes;" but before when you had 'it- there; you "did not- quadruple the"Y!;A.> [• ' zoning= allowance' that we now- -presentiq halve. In the old,.- percent hais zoned odaailowed 25 t y., Mr'..' Rodriguez:' Yes, but rememt er', - with the increase, of the 'square 'fo6i7iie-,"`it,:, does increase with the parking. The parking is tied to .square footage. It s ... not a -maximum park... I mean, what I'm saying is, if you increase,the area of. development,; you're -going 'to' increase, the -' number ''of parking spaces .because they go together. !: Mr. Plummer:. Excluding ' from the FAR the common areas, the' retail an d service'. r,' areas, I assume, you're taking that -why are you taking that''out of''tlie FARTzr�J; Mr. McManus t Because, we believe that if this were, . say,: a ground retail'epace; the"circulation' space oa' the. exterior sidewalks ``t1►at' wouti> you'`frota-'building° to: building. would not be counted in the. interior=FAR;:. =tw PlutmtiQrs.Do' oia"allow this 3n"other areas? 1"nu Mr. c • M M •o. L ,ti,. tf' N i �yra i_ -s - l - f^ t> -t3,"` Nx� MoM$�►uex BLr�.otly .itt 3P'I�S. - _ 5Xrt4,��¢¢,,���. ','+r> �r`2J",r .g5•..,=i. :i `'a. •,N4',,.� - k i .. _ 8.t•k2is3}?;::m. — 'b. - .-t,'• ' f%! � r�'ry `}k*,{ ^tee Mic: '+taa�iar-. �tsiuld oa �•'al� ow .":her ? : i a y.�'' tr:• .:. r C 4' •1� . x..,. k 'but d fS`` r �e - `"iris `h.°t s 5z . s•3 1 ` rt t •'r P• T I,•- 4 qT t si: rS) it 'i�: ,:d uilte�' �., 'a�':' �•; �`° �k - ix ��:< ��, �►, ��..,-�., p9 ,��`�'����t.�.�A� .#'i��. , �vi�1i�>i�-.,f•�i�..•:b+��"�d�f��. J .1. _;-.. •!. ^�'.-'' _'_l'b;.-a?.. pP'. ,y' -_ ;.91':".'°.'Vil:'k ,$,La,.rAna •:; � ---__ .:(F. .t{`.•'::..'.tic si:•.'r: .� A - -'7: •p. - �e i■�s{ �yw�a }` '�. 3': ,xyt.'`S'-�',�+, .r :Pl.v.+' t.15:�,rit H, JA`. .'3'.' =:�+�4.'.'�.9[,tl fLtlr�lilRlM%•#V'I.f.4., ...,-,.y'�h, .. .'.'I .. r,..._!�.'E .�./, .._.c.?i%.9fi'4%6i'".kx.Jr,..�..,'•�. .�.;��> _.. _ - .4_•A.6a. .tu. ww-"..?£ !Y-.Y,Po'`.V"--.,ym°. `a;%t e- �� —'' Mr. h6dri ueta to this articular area of the City, I think that we have morn g particular Y =`A than any other place, you know, the policy that the Commission has been following is to try to encourage bigger buildings, more development because We r;= - ' have the capacity* at this point... also we have the fact that the area..hae- -�;- . tremendous amount of prominence and to on, we I re trying to make the .bast ,,of what we have. It's a big resource of the City, and it will increase our tax }' base considerably. i Mr. Plummert No question. But I don't want it to become such an area that it's over, over.: populated and I think the real fallacy is your true belief that the Peo lemover is going to make a difference and people aren't -�j p B g P p going to use their cars. I think you're kidding yourself. i Mayor,Suarezt But there'll come a point where, if they're smart at all, that' what they'll have to do, I mean... Mr. Plummert Mr. Mayor, have you traveled Dixie... "-' { '.' Mayor Suarez: And I'm not saying today's the day, you know. Mr. Plummer: Have you traveled Dixie Highway in the morning? Two hundred and i.. twelve percent of capacity which is the boiling point and people are still not using-Metrorail. Now, you know, I would like to believe they would. But it's not happening. Mayor Suarez: Partly because Metrorail doesn't go anywhere. Mr. Plummer: Ah, whatever reason, we all got our own ideas, whatever reason. ,i Mayor Suarez: When it goes somewhere, like the... °>r{ Mr. Plummer: But it's never going to be any further. J. — Mayor Suarez: They have ;to figure out a way and that's precisely what the extension do. They begin to... Mr...$jumper:; No that's the Peo lemover. r ..Mayor. Suarez: But that ties into Metrorail. Plummer:. I' hope I'm wrong. That's why, it was, my understanding, :°Joe, ,k n, whon,'.we,--went over to . the actual Metrorail ..and ,we .ehanged.,,the. goniagt was,:;to "- allow people: to. live ,in that . area. ..And we allowed the residential figures go up, but' it seems like to me you're just giving away the. store..' You're taking ,.out.the. FAR, you're taking out the parking, you're taking out... my � God t F r Mayor'Suare rickell? z: How many people are workin on 8 Mr. Plummer: Today? Oh, hell, who knows? Mayor Suarez: The working population of the central business district: in''. About. ninety to a hundred thousand, but how many of those at Brickell? _ �,;:��;;.�•��', Mr. Rodriguez: One hundred thousand five - in downtown it's one hundred; but"r I don't -know exactly. �. Mayor 'Suarez:. One O y h five in downtown? Mi., Rodriguez;, I think that, what the latest h I fig urea oar # _ d, !#aydr' care i . But -that includon the central` business. - that: cud sad=:Om:}�,: - - S F- .`tr JI 4 1 .1 ' ✓ _ Mr ,Rode nnn {, ``w:;=;s�'-•, - th¢:,�++.1�1 at � �. • - - -- %'n;a:«,u•�, - ii_ '.r••. - :r.: 1 . 3.- , .. _ - s ... - t ,-a.t,;Yy.:is"'t':,r✓ �i z +pi r Sub. aB,: la; bee a: 1. {Y:. T't:. �►.. i tle less t an a hu d ed' - ,.>•:,,,;;�_..., ��,' - :�, h, n � but.. - � _ ;,, ..��•.-, ✓ �t�a f C s _ f J.#.. a=• { f4, t t e ,i' � Y r't ut .r a• ,., 4. - ►� �. ". l enpr4i�4ntiy'::xe�Q�gcl" to�':`�od,ay th-3 r ":'�-- - {• `{. --tt:,a".+: .�=x., i.: 9"., ;.,: .r.':.;?S, a' :3.3F�e'&. .R'R.r.� S.o�r15?;�'~�el�. - ��;,,•. — — '•tf•1�'"..- �i'rltn 'i'.o /t {, - .�•, r.:v w, •.y, �'r°',s"• ��. it.`.-'..�Af�-.+�I'elil'.'�it '?"';� t aka'^: �. �- .tidy ��t�ld':i� sk ye. •l - k, a 1 Ny y; ,n ,.y t+. 3i• e � R a� M'•; •y:. ; r,,._ y9'"' - _ ,i.:'.i,'.:;: �/_{,a:,;..: -_i `�.)�-'+. .:i"''zh.r -. -asl-'a - �.t..:.;'•rE ._-c _Ir. ws`i'.: ^-:.Sr ?•:...'.... ::. _ ... .. ..., , .. _ - ,..... .. .. _ _ .... t ..... _ ��..t'.. •.rc't3'r� -;:31° 'r''-`-':�.C_`ijiq,-`�`,ay"�?:vu'wr','.'tky:h����yYx','V,:..�•;•: - : _ �a`�i';. Mr. tut�ettuas that's apprbxitnately correct, Co:wissioner, the retot►ing about five hears ago. s ,Mr. , luft der s OX .ao , it s not -_you twee, to toe, it a not what is, whit was in the oaat because they were allowed to do one-third of what they're being able to do ttsday. Under the new, .. Mayor.5u&rezt You.mean on Brickeli? You're talking about on hriokeil? rt Mr.. Plummers. Yes.. ' Mayor Suareits But that's what we want to do. lie want to promote the... f^ Mr. Piu'mOr: Bigger buildings... Mayor'Suarez: ... more intense development in the downtown area.;., Mr. Plummer: -But you've got to promote the parking to go with it. Mrs.`itennedys Which will ultimately increase the tax base. This is exactly the kind.of..project that we want. Mr. hlummers.^ Sxactly,'if you have all adequate provisions to back up that particular service. Hey,.you_all... Mayor Suarez=,: ,Is -there anyone that wishes to, be heard on item PZ-11?. Let the record reflect -.that no one,stepped forward. Counselor. Robert H. Traurig,.,Esq.s„ Wellt my,.name is:Rober,t-.H. Traurig, I'm an at'... Mayor Suarez:.,I,,guess we'd better -get him sworn., in. rt �t AT THIS, POINT_ THE ,_CITY- CLERK. ,ADMINISTERED, REQUIRED OATH UND$R.•,;ORDINANCE .NO.r. 10511`.TO THOSE -PERSONS GIVING.TESTIMONY-ON_.THIS,;;ISSUE. 3 '� .. ,,.. - .. 4 + _ • r...��.s, Mr`. Trauri s Robezt.H..':.Trauri 1221 Brickell..Avenue.+,-We!re hereto,;au or-t,;:';'=s,;.;r",;u 6 g, . pP. s the'. Plaranin Department.-.,in.':.it's a lication,:.> and :we're::; re 6., .PP P. uestioas .as:�it:..mi ht. a' 1 �to. s ecific ro erties. r..:r M . E Mr. Plummer: ,:..:For:,the':.record ,.who are,ou , :re Y:.here Presentin B. .,j �. Mr. ' Traur �s=,;-(,I:•:m, re resentfn ' the. Bl"umber �famil-� ,+-who ,:'.are":the ros ective`, r , "de elo ers •af :Brickell-,Gatewe ro ect. Mr' Plummer Which is `what address? Mr.. Trauri Between,. I th ,and 15th ,Street. B Mr. Plummer:--- And. what. is ro osed'_ in the _amount of '.square feet? =.Ro hlt .. P p q . ug Y:� - " Mr. Trauri : A million three hundred thousand sir. Mrs. _Keanedys _Agorgeous: building, . I _ have to say.. Wi f< Mr. Plummer: Mrs..'Kennedq; ':1 r ,t •:e 77 r > rs(' - s" A- .c S' - •Lq - t t% r J -a p , _ f MO,-. a r.$4t - - '''U. of µ:t. .✓. .3 ,. -.S: .i '+1:%. .aia� , riQ w 1 �1 >• i ' (r L •"f`i+ F .'i:i'. z r �r u zr a. _ - t "'i �' — 51w �k •_....,:-,.��1 v�:..'#u+er� :::. �. itl� ideg •.'�.,,�t.�,fN:; ,.�,:. :1 T#s is o.�, +k ,f .Y• ,. is { 4. J<,.frp_ r ,sr . , r t } - :its-' _ - <. ;yam;•-•. f f i ��ttyk T•+ T -,t f 4 , 1 �, T f� k� •i- lk i .. _ I F • iL M ' J`�4F i' F /l i'�i';r} � $ i- �iq'Y, i { - 'C- .}�F $ f {, 'r -/ 'cAt,+tri„i,- T+ti� •dNH. , - . -#,., r ."Y . ti AN �-d.i ; .:,•'.. Mrs: Kennedy, And Germen and Preach and... !!al►oi� to % deli, he`s ct�iiEeattatitig on one. k Mg. 7�rtt rtdr -1 uia the adverb hopeflAllY: .r Mayon guarezt Cbmissioners, anything on this items Kennedy t I move to approve. Mrs. Mayor.Suaret.: Move to uphold the Planning Department's reemnendation. 'F i.:'•�Iei Mr. De Yurret Moved and seconded. Any further discussion? Mr. 'plutmttery Let the record reflect that my negative vote is because you've '. set a maximum of parking I don't think that any structure in this town can ti provide sort than is'necessary. That would be my negative vote. Mr: Do,.Yut�ret Call the roll please. AN ORDINANCE - AN ORDINANCS,AkMING ORDINANCE NO. 95oo, AS AMENDED, THE ZONING ORDINANCE OF THE CITY or MIAMI, FLORIDAO BY AMEI�DING``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 Av t, AND ACCESSIBILITY OF ESTABLISHMENTS- -,SUBSECTION 1556:2.2., gy CHANGING THE CONTRIBUTION 'TO' `THE t AFFORDABLE HOUSING TRUST FUND FROM FOUR; DOLLARS ($400)`PER SQUARE FOOT TO A MAXIMUM -"OF SIX'- DOLLAR AND`' SIXTY SEVEN CENTS ($6:`67) PLR. -SQUABS'ADDING l ;x :: • CERTAIN, PUBLIC AMENITY' 'USES TO° THH RETAIL„ BONUS `AND' CHANGING ACCESSIBILITY AND.; GROUND FLOOR .` ;FRONTAGE'" ' h REQIIIRiMENTS; PROVIDING, A- NEW 'BONUS ''OR „CHILD'C�IREF; AND CHANGING THE` -TITLE 'APPROPRIATELY-` SUE SE^CATION F � 1556 2.3L ; BY ` EXCLUDING'' CIRCULATION AND COMMON AREAS is a ' FROM TiiE_:. RETAIL AND SERVICE' ' F: A'. R. ' LIMITATIONS;' SUBSECTION 1556.3.6.1. , BY MODIFYING'' THE `AMOUNT,. 'OF, -yi3,'S�jt4z3 P, - 15 58:.. BY' SPACE;, SEC TION. ON - SPA PLAZ A E, 'REQUIRE URBAN i E' �'..•' ,:;;�.� .���° "; ITATIONSL FOR RETAIL INCREASING• -TIDE MAXIMUM 'PARKING 2IM 1T RESTAURANTS BARS NIGHTCLUBS; SUPPER CLUB&; AND , IISE,'r RESTA RANT , PROVIDING AN'SFFECTIVE `DATE•: THEATERS;'. 'AND" PRO IDIN assed on••-ite `first reading by. title at the meeting of:March 232..19 . , .,. ?, 'tas 'taken up for its second and final reading by titles and :_adoption,.,. Ori.': motion -of Commissioner "Kennedy, seconded' by Nagor . Suarez, the ordinance v r thereupon given its ;second and' final.` reading by title and passed an adopted bq' the follotaing vote"t ' i AYES: Commissioner Rosario Kennedy' Commissioner Miller Dawkins Vice Mayor Victor De Yurre '., ; Ma or' Xavier I:: Suarez Y , o J. L., Plummer .Jr. ,�,,..• :N OESi C anrai ner` �' 'r Fn<, ({ f'- { y, (( h -A i � t) e • :'1 S n. ENT. B aF r?y+•y mil? - t y, -a GNA D ORDINANCE N0. 105$9. _= ,•.., =';:.. ,,�,.,.;..NA fw ,:THE ,.ORDINANCE�WAS DE$I TE _ ,}.5 —k; i5=a ;={:xxrf s. ne read-: .the,, ordinance ittt. . The` C.it AtQr!` _ x' t tie` i.0 ;�. - a gab a 't 'th a p . l• ' S i t 1 h s`b �.c ( _ - poi Y -you'',;ter, __ verymuh. ,T�suTUank ., -'`•';,,, .w.,.: �.J - •i '4"' ;S- .S •i,i..r •y,., s•1, L:3.,IHMU3!-' i.. r. •> t. M z lJ::, Do•t. `.�ha'„-k:��ug- :bii ld-�:b . 1 Q ,, �.g. Ai:`ax�a-_�`:..�':� �#.. ..►R: T_'� �i.. ..I: �'_ ..�, ;-`�... .,.4-. ->,•. >r�"t36-;; e, s _ ks. �_'2 ..,. ,,,,_;-. �„d:,.;';r;; :?_:,cL,- �`�=-�-----_...__.a..:..� . >L_ �___...._L_�..�,r e...<a u��-..........r.R... wM n..wew .a ■ , j -_ iv %." — ip. sgC READ Igo ORDINANC$: Ascend 9s06 Section 2sol, Class C special i+ad:,. ail , }: r} peraitn allow applicant transmitted courtesy s:es�ti owners -or coadominius, notification of applications to adjacent property 3506: correct scridene s errar�e , aseeociations as an option Saoti rn (Appii+cants planning bepartsnent). — ' Mayor Suaret: pZ�i2. Mr. MCManuss PZ-12, Mr. Mayor and the Commission, has to do with the courtesy notices: required in the Zoning ordinance with regard to Class C permits. »F: 'Mayor Suarez: Is there anyone that wishes to be heard against this item? Is it second reading? Mrs. Kennedy: Second reading, I move it. —. Mayor Suarez: Moved. Let the record reflect that no one stepped forward. Mr. Plummer: Second. ; R Mayor Suarez:.. You seconded -it, J.L.? s Mayor Suarez: Read the ordinance, call the roll. l AN ORDINANCE ( AN ORDINANCE AS AMENDED, AMENDING.ORDINANCE 9500, AS 1 t =AMENDED. THE ZONING" ORDINANCE OF THE CITY OF MIAMI' . FLORIDA, BY,AMENDING SECTION 2501, PERTAINING TO CLASS C . SPECIAL ._PERMITS, TO ALLOW 'APPLICANT TRANSMITTED '< COURTESY CERTIFIED .MAIL NOTIFICATION - OF APPLICATIONS •: ,•. -YA TO : ADJI�CENT PROPERTY _ .OWNERS . OR ' ..CONDOMINIUM '- , T:4 ASSOCIATIONS AS AN :OPTION; AND AMENDING,; SECTION, 3506. rBY CORRECTING"SCRIVENER'S ERRORS AND PROVIDING THAT !A NOTICE .OF CHANGES TO ZONING ORDINANCE TEXT OR SCHEDULE -: • OF: ;DISTRICT REGULATION SHALL; BE SOLELY BY PUBLICATION; =j4 CONTAINING: A .REPEALER, PROVISION AND A SEVERABILITY w, t s CLAUSE. - l a Passed; on its first reading. by title at the meeting of May:23; 1989iwasL" {i 'taken up -for its second and final reading by title and 'adoption. On,motion.bf ' Commissioner::Kennedq,' seconded.. by, Commissioner Plummer;. the, ordinance rasa = {{ `; thereupon given. its'. second and final reading by title and passed and'.adopted by..the,foflowing vote: AYES: Commissioner J. L. Plummer, Jr. I'- Commissioner Rosario Kenaedq_. Vice'Mayor-Victor De Yurre .u" 14 Mayor Xavier'L. Suarez t: - �i NOES:... None. Commissioner Miller J,..' Dawkins ABSENT:Y, T'. ;+ THE.ORDINANCE WASaDESIGNATED'ORDINANCE N0. 10590. ' } the ordinance into the .,pibi�a• `,rs ,. ;,.. ? _-.The°,'City.: Attorney, read h ed. liat copies were available to the :aembers of the ;.City► Coirp4lliQia>z.utd `: 'v;_ri `. s a noun # :•�; to• the" u i l `t, .r: .ty - - - , fir.,,• - 'r . l' 1 J:. k _MW 5�K : ar RA , { 4' • a''cJ:- : �. ..t, vv's,:i. ,,�aG+' t:a,'; '++ a ? �.r _ � k 1, s `f e- q ♦F P jF . 1, ,i- <:'-t=:v. 'E.•• _ - F . s$ y S< • 51 z: Y+ 4 ft 'N= _J `IJI'•. y F J r� - Y:'. {rf�. [.^�, .'}�•.•` 't�•,'. ..Wain ..Y... - _•�S:r JiEi . x :Pkik_ % t✓ ]LI+ .vim t. ♦:r y, t ay Eli rf+ +3 :i• y . - t .Yx a" V^ - - - ..rJ J�• 'h Rn —} 3• k' ry <.9 / pis Ft'f 4. li 'h P +'£ ` 'sue .''•` :in'+ 'S .f l �, t � •A RR,, f - .-��5 4 i�- •• i�-*C, -3r}i�.,ss:'w.'Sr;n.+'-.,,xgxyn'Ir.•ce�r«Lr+ y';-. t - .. - - �.:�.''1►riiiira.G�iirirlLiJl.ii�ii.,ii`il:irri...rli�ia..+wr�rrrS.r'�iri.rr' — - _ _ is _—.- ,..-_ -.. •_ __.. _ ... _ ,._-. .. - ��� 20. S$CbND :READING ORDtNANCSI Amend Code Section 62-55 r clarify re uireate ►t of courtesy mail notifieations for Planning Advinory,loardt zoning board and City CoMission public hearings; add hew section to provide for optional notice of pending administrative action on Spacial Permits to adjacent property owners or condominium associations (Applizaatt Planning Department). " - ' �Y�iaYr---if�11..Yrir.——YYY.Y—.r •- _ -."YY1Yr--i--vlYbWr.-----+rawa.------LWaY—r--w�ii�—��GWw.WYw+lr it Mayor Suares: i!Z-13. Mrs. Kennedy: 1S, second reading, I moved it before, I move it again. Mayor Suarett So moved, 13 on second reading. Anyone wish to be heard on J _ this' item? Step forward. Let the record reflect no one has stepped forward against it. We have a motion, do we have a second? Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING SECTION 62-55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,.AS AMENDED, BY CLARIFYING THE REQUIREMENT OF COURTESY MAIL NOTIFICATIONS FOR PLANNING ADVISORY BOARD, ZONING BOARD AND CITY j COMMISSION PUBLIC. HEARINGS; MORE PARTICULARLY BY AMENDING SECTIONS 62-55 (3), (4), (5) AND BY ADDING A -a; NEW SECTION 62-55(6) PROVIDING FOR OPTIONAL NOTICE OF PENDING ADMINISTRATIVE ACTION ON SPECIAL PERMITS TO ADJACENT PROPERTY OWNERS OR' CONDOMINIUM ASSOCIATIONS; CONTAINING A REPEALERPROVISION AND. A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. ( Passed on its first reading by title at the meeting of March'23, 1989, was taken, up for: its second and final. reading by. title and adoption. On ..,_. motion of Commissioner Kennedy, seconded by Commissioner De Yurre, the ordinance. -was thereupon given its second and final reading by tide and passed and adopted by the following vote: AYESv Commissioner.J. L. Plummer, Jr.: ..Commissioner Rosario Kennedy - De Yurre {E. NOES: -None ' ABSENT:. Commissioner Miller J.-Dawkins - Mayor'.Xavier• L. Suarez ® {' THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10591.. - { The '.City Attorney read the ordinance- into the% is public' record and anttouncedthat copies were available to. the members. ,of the City.: Colsmniesion,„ nn�l, .. to: the. public. 21. SECOND. READING ORDINANCE: Amend' 9500;-'Schedule:. ofDistrict, Regul�iti;piin� - 'CR-1: Princi al Uses. --and Structures: .authorize fi�tancial=M:iast'itut: oue,1. 4 � ��' without ,drive -through:. facilities - amend-,:CG-1 and :;-Cabo-I'°_D1:atrictsY -change',-:,ref orences -.from' `"drive- n" to,�.... - i drive through..,;> (Appl�an>r � ,.ties P.lamning,,Department) `•{t ,..rev+!!+.—n:n.r!.�r.r.——r..!i...w.—+ram-..+n.�r��.!Mr..T"' .'^"wr—.'—"""�—�'4 hR 00Y'r,.;`iAr, -. - ,r, .'t��+:.':J!...._..rfy`;..r,�. s*-;k:', �l-.•,y,:;r_. h'�,.`s74'.vi:�si4sr:Y,,. +.ls 1 k �r r. bar;l r. to ' A ,n n' t. •.er_' - r r- tN. - :�:°.:Olaf¢ a i1lo:. � PZ .14. is� ar�-�,=smeDd .¢A t :=.Lh in _..ir, L ich>` aor�.; ��Moul i a�.';.to>�:�a ):��•d . e: �� e�' fi_ k a r, iaAYiti .e 1=tt= aA da . ' �.'°; :;one.; ��'�:'tit�`e• aw�nd���i�a= �a a ��.���:. .b• �<�.,A nat#c1aL, it►sti>xu{t oue: ipiaQ. .,. , _ . �#zQrx 1 . Fitt .._ . ° ..,i : . 1/4tMt:' —.!`. -��h�. �iA_ �r;.f��^�tf 1F'#�t•;...}�R y./-•Q��'^,*'.TQ �.._.���, .-K��t:.#�,+,!X:.: .:�:��.^-?'.;, .. .F'y� `.,. 3tQN:.aa�o#es''tigY+veci.p_..gs:{sl 'xz .._.. ..�'- ; r, ., i*";'r.'•«i. t, ,��'.'- ;Y. .,cow: >jc,,;1,'rt ,r�;@' -a r'k •-r tl 1 : t J 1 i~. I •X r i' "X •. �: .C.x..-.._ .,... .. _... - ... - -Id... ...`-S_ ...:. , ., .. . .. . .':z..a- •a. .,,. `tiur,'r'fl:Yx s'S-Yr, ... .. �T points located at least within ISO feet between theft, their' it it, Ok t6 hata, this oppr6*61 that there are thanges in the term of dtiVo-It to drive -through. There was some legal came vbIth was decided and 6 dtt1*64i t6&1 term that we should use. it's a drive -through and va, are: Amending the 6rdillants to road that way. OK. Mtn i3lmttdillot -Thi6 is a a6e6nd reading. Mr. be Yurr6i Anyone to speak in favor or against? Dr. Jahe Theadet I wish to speak against this ordinance. Mr: De-Yurrst OKj name and address, please. Dr, Tfiied6t ... and I people. Mr$De-Yurrot Have you been sworn in? Dr,.Theede: I will swear. Mr.;,De Yurret, 0Xj anybody else that wants to speak on this item, stand'up�to "f be -'sworn In, please. Dr. Theede*: I will be speaking by myself, thank you. Mr! Do Turte: %OK. (ATTHIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE,NO6. .10511 To THOSE PERSONS GIVING TESTIMONY ON THIS -ISSUE:). Mr. De. Yurre: Name and address, please. Di Theedet Dr'.JaneTheade, 150-SW 7th.,.Streett Miami, 33130. Mrs Di:Yurret OX' go ahead,,please .,Dr,-The4de:' hearing we didn't get to :finish what "- I,.- had "'�� ioca''Use' *a%. had call. ThC, ordinance stiteei-,tliit thiff:'16�!to 'permit dr Iv-i'-�4n`facilities -and' the .:'ordinance' reading tfi at _it ijj,� to- cj,*�J'jif YI., an► iL" ; Lnj'2ordinance" to,-parmit--drive�-in�,""faciliti :exist as;. The' word to,:.c arJL.zy,..;msazs,,'-. to'- clear.. I'm 'not arguing, about the d r ive' in .`drive hro''ug That:::':;; d6esh1i-,,b*thsr,,,Jn@ The' -existing. ordinance states,,: -that,- a' -bank:,zu :corner and,-thedrive-in 'faCility;L'must • be, at the bank."- -in ..thi ordina is very, very clear. I think anyonethat has gotten through�'the 'fifth, can undekstand'ithe'vording', a bank at &-corner$ a drivi-through :faci the bank. Yet,. our City workers. have, said, we are clarifying,' this- and '�, clarify.,it, 'We'll pemit.dr*Ve.;;in.,fiLcilitisis, f6r,banks,"notCat)th6, J of the block.. There isi,nothing ',to b6 e -*hd'1 Ard'totqi constitutes' 'a major. -change that -ihat'� be" thrown out because this Miami. � 'This, means` that< I- beli6ve'i", because Vhave'f orgotten,.4n 411.z 0 " urmo that� had "gone: ;'with -this, there': ' are" approximately 50::t,6;60: n'. o u r,,: ro on Atlas., •There!are three' pages `that' do -,'not have the CR-1. `This'. OU Grove; Grove 'Isle and Watson Island. :.ThOie are', three more pages'��,In i�'Vhid there is not: &.CR�-1 �adjacent, to a residential'' 'aroa�,-Azd. these h are Are solely �industrial. So: this means that', appioximately-. 95-, p6kc`1wnt,�'-*of -this ordinance- o,te.detriment' Js itffocttd��by`i i, h ."' of.., tbe`.�homoqwnet will --,and'-- m r'. is that y - &ngo• I W.�V 11 -ma a :sinew stating; .:you have. h 4 dinance`an 'thingo I -`.-','-4n'd"Und6r-the-tabl but, wbot P ow not,:, it 4 jt� s.�.t at-.,:&ny,, Avo 1, doesn't It', matter i�e an' h -parap -A%4PvV a room �b d house P rom try renal p 'Ah a -t a Gomm, Poop, 0-46t,". T WIR qd'�tbvylget r4, d 9' th g 3, J, lq�, no Xr. 1. 0 U 0, z ,Oro . 4) -V01 401, Vfklib •ate'-y`.t" :TS - r : _ - t ',. —f��' .-. atiwF+k'ns{s.,r+ vas a+•�'iH A-a3!'k'sil", �Y �'•;7.•,G.'^{3- Mrs. Rennedys Rkcuse me Doctor for interrupting... Theedea You. r= Mrs. Kennedy ... but we are not responding to a financial institution, we .;` are responding to, a traffic tondttion: You know, we have to... '>{. Mr. l�luhmtr: Rosarib, it bays Ofinancial institution." - {' Mrs. Kennedyt Where does it say that? dt . Mr. Piutmner: Right here. fi { }' Mrs. Kennedy: Excuse me, go ahead, Ma'am. ;+< 1 Dr.. Theeds: It's very clear in there, Commissioner Kennedy, that this ' ordinance concerns... the major concern of this ordinance is permitting' a -t financial ,institution to be adjacent to a roe... not a. financial f institutional, it doesn't say that .a financial institution can be next, to, a {w residential. :It says the drive-in facility for a financial institution may. be next to a residential house. Now, your existing ordinance permits that bank to buy.the,house and rezone that to CR-1, and continue to expand into.existit�g 4. homeowners, and bit by bit, we are going to lose the voters of the City of Miami because they are going to flee to someplace where they don't have to.put } up with.:.the exhaust fumes. It means,that what is progress for -one person ,is j destruction for someone -else, and I don't.think that the Commissioners and the powers -to -be in the• City of. Miami are being fair, are. being just,: .are- utilizing their intelligence when they permit someone to gain while they force :. -; someone else to suffer. This is not progress. Progress.is when:the sum.total jr,f Is greater at the and than at the beginningt I don't understand how they' 'can «' say':that: they wish ,to clarify that they.will permit a bank facility, a drive- ,i in facility in the center of a block when the existing ordinance is very r; clear,:it -says a drive-in facility, is, only at a bank, only ata corner. .Now,' F' you .are looking out here at, many people who are wearing little red dots.. There '"are. many, people out. in the front._ I - have spoken : with; -homeowners' ,',associations: both north - and : south. of Flagler;_ -Everyone association,.',each-`.one has said-that.they'.will support,me,t, because._ they don't' we this happening in their neighborhood.. I have no qualms, i, have•no ' argumento with! changing. the wording, this_.' is just..simply an update. Now, would like, I'.ve now made my presentation, the bulk of it; and I would like to �• please:have Mr. McManus come back-under;.oath again. .3`ro :,ors "Mr. " Plummer: • Doctor,; just: for. the" record, let me- make.: two . points ',that ..,I,�oant: you to -`speak to...before you conclude. ` ..-Dr. Theede: Certainly..- F`„ — Mr. Plummer: Number one, speaking to homeowners, this is ;not in a residential•.. �,as" proposed.-- .It is in` a CR-1, which is a . commercial district.. Number. ;tiro, +. explain,. to me, if you will, in your mind, how do you differentiate - tile:: `difference;. between a homeowner who, lives.. next to drive-in facility-. on . the corner as `opposed to .a residence next to, in the middle' of the,: block; , . As' ' I : see'' .it,`;the 'same conditions that you've expressed exist whether it is n the middle the block or on a corner. The exhaust fumes could be a pxoblem� all itiU those others could be , a problem . if you had .a, .residence on, the :.other ;'side a - the drive-in taller. I guess .the real. basis is this is in a CA.-distri+�t: �:,A'< `��_•�:';r'r;;{�r,rh;r<� � �,r - CR district is not, a residential district. I understand your. wording :.rchati_= i could,' be7::[. a - domino' -.,theory, that it. . could-, carry. _ r over. Sato .�: pro�sibly ' 1'• � �° —: resislbnt,ial but:,to, that ;s.•.mot"what, s, before us, so.' -ask you- peek �t� 't►ae; ,,,,,-'r - ,r two: issuss.',before you' sit; down., Dr.:•;t`Tteedee. -Ali. right,::;those! cexwo . fss�►os. Thee €irstd :fumes' on. the corner a$ . opposer to .the :center" of the' black.1Qst cor4 �- mref,�►h eN° -- :.�` �►�t=h..Y say, they:'=are,,'. career `;.iQts, ,h¢icn4,Fi:>;!u . = 've�►tilation: . you ��ve,,,in area;utaha�c+�'. tt�e,.��a4�st �u�nes a�a�► �e�1t1 *�` Mai on -a corner these prevaliiag in4_1 _4+i- the are not entri ad ' ms 'tne nice .in the`. oe►ter . �f,:.f s c /Y •, /� { .PP ' Y A.0Q. POP",!i vept.113��.iA+►l►4 . i•, °�.' Sf�. �'3% ;i��� _. �" -` _ � ; � srµ+, .{a,",nWt,. S. ���' — f: r 9. � .t.` ` ? •s':.`- :,R.:':'i - r:m..., =-r✓•r> <7s°*,::`„trr<,r, .;�'•; -,�•���, „y' 4.,K,.y r r,•. - `-'Sf,r i.t.. :: t: `-•i�,';'_f•k 5:�`!f.-.�. y]n�h i, yf' - i ,r• e `•ai^ f i Y ,a• +lc.. 'h J' • i ry- T t• ?'f g ul r t r� a. + •i� •m - t eqrz ro .r' r' IFI L _ :•nP a;e.2., 2 ,..^Ev,�;•;,'n�S:,.,..,t `d ;t.,-c. i.__�ti?'.Lit;*° -'$',' �i - - Y+47.:,-`;'.j(,:�i..•:_: 't .'+.£'o'r" .•.;(`µ.-:.. .�gv,:,gr.).. .h:, r"�r4 �,-'dy�'n'`ri :%s,. .. .. .: - ., - - -v ... ,. • . - ,,. i...?�� �'�}'C"3:'-. f'v--F_..-_ •.<...-. ,w%1� ,s.,,:•t,_ 5i•.r..-,:.5. Mr. Plummr: Ns' are speaking to CR-1. That's commercial. hr. Theede: All right now, I will address your second question: Yes, this;ir CA-1 and as I said earlier in my presentation, CR-1 in our zoning atlas is adjacent to R-1 in 65 to 45 percent of the whole City's zoning maps. Where1er you go, SW Sth Street, SW Ith Street, NW Ith Street, 27th Avenue, 22nd Avenue, whichever way in the good work of the City of Miami that is CR-1, with the exception of three zoning maps that are pure under the old toning industrial, under the new zoning to CR-?, but you have CR-1 adjacent to R-1, residential one, to what I am speaking to is if you have CR-1 next to homes, then these fumes are going to be going in the homes and you are affecting the majority of the City of Miami, that is the, homes that are adjacent to CR-li and you .have more than 50 maps in your zoning atlas which homes are adjacent to CR-1,.to this is why I am here, because you are not... you know, the ordinance says CR- 1, but it is ignoring that CR-1 is adjacent to R-1. That's where the issue is, is because R-1 is being affected by this major zoning change under the guise of a change in wording, because there is nothing to be clarified. It's perfectly clear that this is a corner thing and you can't clarify that you can put something in the middle of the block when it specifically says it has to be on the corner. So the ordinance is worded incorrectly, the theory behind` the ordinance is incorrect. You are making residents of the City of Miami suffer and if not today, tomorrow, or the next day, or somewhere down the road and the are oin to lose the value of their homes the are y 8 B . y going.,to move out of the City and the people left in the City are going to be nonvoters to speak of. And this I don't like seeing. You know I ran for Mayor in 181 and I don't like seeing my City destroyed, and this is why I am here fighting. Mr. De Yurre: Anything else you would like to add? -. Mr. Plummer: She wanted to ask McManus something. Mr. De Yurre: No,.I'm not going to have an adversary proceeding�he're. If you have questions that want to be answered by staff, anyone in particular, state.. them.now.and when you finish "your presentation, we'll have them answered. Dr. Theede: All right, this is not an adversary proceeding. Mr. De Yurre: I know, that's why I am keeping it that way.a ry 3 Dr. Theede: I would like.to speak with Mr. McManus under oath, be I.feel;. ' a- I am under oath and I don't think that is asking too much. T c Mr. De Yurre: That is not the way we proceed here._ If you have questions to ask, we'll write, them down and they can answer them. b. Dr. "Theede: All right then, I would like to speak to Mr. McManus' out.of oath. , Mr. De Yurre: No, no, you finish your presentation. Dr. Theede: I'm through. . 3rt- Mr. De ;Yurre: OK, thank you very much. Anyone else that wants to speak on =r,„ this -item? ti a� Mr. Joe Wilkins; Joe, Wilkins, I'm .speaking on .behalf o,f..:the Miami Homeowners' Coalition.' I just wanted to mention that we did meet with "Dr. Theed.14nd 4x generally we agree.Nith-her position. Thank you.'((?` Mr. De"Yurrec OK, thank you. That closes the public hearing. Commissioners? Mr, Plurs.,; To, she department, why don't you. see any danger? Yop've- ? the statements iaade. give me' your. aide of the, issue, thew other side fir• 91modillo: I. bollove Dr. T#iaede was dd es ins 'adjaae�acy t a f lc 4t Yo do, ave throe bout the Ci tt . t. <.T ►.: ty .RAM today you A►sy s'x}� m6 gh iYoe, Cma l district .it Itpn +� dprae IL does 't hOPI i - r y r have; drige,�througha. for other aativitias, ?Rotipen M f ;. u �- :, -., .. ... - :.;:. ..=. -•,S ``..v .. : `7 �a x:a`i ai §'r¢.4' i?L..rs. ta:i.1 Sf, n^ Institutions, but you may have today under the ordinance, a drive -through for a burger 'King, a fast food operation abutting a residential district under certain conditions, not being in the corner. The investigation that we did, the 'analysts that we did, lot us to believe that the real concern, when the issue of the financial institutions, drive-ins was before this Commission Years ago, -was because of the traffic and the only reason that we found,*** that the corner lots have one access point, one egress point on different sidea of the street or a different street, and what we are presenting to you today is that yes, it may happen in the twiddle of the street when you have one or two conditions, either that you can go from street to street, or that you have'an access and egress and ingress at least 150 feet apart, which will deal away with the traffic situation that was the originator of the concept of the drive -through. Mr. Plummer: The point that I am impressed by, I want you to speak to that you didn't, and my concern I guess, happens to be in reference to the exhaust of automobiles. I can see a point where you are in between two residents. Now, that doesn't concern you? Mr. Olmedillo: This is only on CR or more liberal districts, that is CR, which is a commercial district, or CG, which is a, let's say, more commercial district. It is a more liberal district, because it even allows certain semi - industrial activities and the CG-1 and CG-2, so we are speaking to the commercial districts and the quasi -industrial districts of the City. Mrs. Kennedy: And other financial institutions in the CR district, or more liberal districts who will request drive -through facilities will have to come to this board. Mr. Olmedillo: Yes, they need a special exception and they have to come before the City Commission. Mrs. Kennedy: For a special exception, right. Mr. Plummer: In other words, if this ordinance passes, anyone applying would have -to come before this Commission under an individual application. Mi.�Olmedillo: That is correct. Mr., Fernandez: That's right Mr Plummer:: OK. Mr..De'Yurre: A motion one way or•anothe'r? Mr. Plummeri Anybody else fails I'll make a motion. I make a motion..._ before you fly off the handle, Dr. Theede, I am going to make a motion to - approve . - My approval is based on the wisdom of this Commission will be. retained at all times as to it's individual application. The denial can be by thissame board: We have that as conditional uses` throughout our zoning, ordinanc®: I realize what Dr. Theede' is trying to accomplish'is`thai it" ,ouId not be"in the hands of this Commission. I have the faith"in'this'Commission that they will do what is right by each -individual application and I`move that this ordinance be approved. Mrs. Kennedy: I'm going to second that motion adding also that it is a commercial district. t; Mr. Do ;•Yurre: OK, any further discussion? Call the roll. THEREUPON, THE •CITY ATTORNEY READ THE ORDINANCE" INTO: LI THE ` .:., RECORD, BY'TITLE ONLY' - Mr., Flutwmer: Now, for :the record,_,'once again,:.passag`e of `this ordiaasa'ct� a,, �,' not in 'itself approve any "one project '�•s ` fYt1x Mr Faraandcnt. Correct. Mr.lummmert This ordfnanca dose not allow: anything but a-ktear3ng bctras F, Ooitwwiis¢ion cn each application as an #>idividual application: `Ie' t#� 1;. or cb � F t 1�r, Ro�liriguQexThat �e usder$toQd. .� n, c"3i ><� t ., _ •.. ., r '.��. .,.: .. -._ .. ,. ...,_ _ ,`Y. _ �.nt....^ iS?.Y..k�•<`_':?s�x�?n�T3�i5�- Mr. Olaediliw That's aright. Mrs Rodrigues: That we have the drive-thraughs... Mr. klummert Every one that could come under this ordinance his to dame before this ,C0Wai>asion6 - Mr. O1madillot That Is correct. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 4, CR-li 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 CBD-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." Passed on.its first reading by title at the meeting of March 23, 1989, was taken up for 'its second and final reading by title and adoption. On motion. of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was thereupon givew its second and final reading by title and passed and adopted by the following votes AYES: Commissioner J. L. Plummer, Jr. w' Commissioner Rosario Kennedy - Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre: NOES: None. ABSENT s , None. ry r ABSTAINED: Mayor Xavier L. Suarez `- x;' :THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10592.' " The City, Attorney read the ordinance into the public record and. announced that copies were available to the members of the City Commission and. to the public. �'. Mr. De Yurre:. Item number 15... Dr; Theede: May I say something, Commissioner Plummer? I hope that during this; ,-that'_ I never,' ever suggested that I questioned the wisdom -of the Commission. What I was hoping to prevent is this constant'repetition of the:. homeowners in that. -area having. toy come, -here, ,night - Thursday.! nights, month, after month after -month, sitting two, three,. four, five hours at a time, not, being heard, takingr their time, wearing them down. Mr. Plwomers= Doctor,,I understand your individual concerne,rout want tb:eay r` £ to you is that. mine is :that. there;are .areas in. vh1ch _ thjs=,couI4,, be -'arid .would. be -a permissible use. _ I:.don't think it. is -right to' `deny' hos¢. artIcular = qh P <` individual ;by. not; having a vehicle.:which -they !can cane fQr, ask.'.In your particular application, I understand your'particular concern, an . we will:- dad1 '.with .that; -at' the7:time, . if an appiication;fis.,;am+ade :P,: Dr:.Tteedes, �iis,:I understand sir.I Nan concerned t1at•tho'.�c�iir���`A_:4.y , 1; — $.o:.aE% to �y .$. �►.. .. i . h i di iduai -np li.. a�i4n, 'piQeF�o=;;;,�tp�r., gsttin beaausR-;then .;I' hia to experionce -°'n te�tio�t, it :xan pie0e a PmRer rigid .not riaa}s4i�ll.A _OaI :.a>Yarse ghat. has ado rosa4d > :►�: 11Ru r that ut :,`; giagnea�>�.hatak �podne s> ry a:h; #o , b x l Lhe i .. haiaxV, put i;h9 n ' lot. a Q° tui r. I Mtn seeing., prpie: bel pvth : Vitro to of " and ' it gems ,to me ha t 9 c . t a.;rh- tt arra ,: :::s t b4, rcttaan o bat xa_:p id s a>a Q ; 9t7- 44VLLQ ;¢ � ay : €spa".: Qt►br: t2 a',pa> t, ° pra t? ai ht: rs e c a e : ��._. :FI totally, tiiomptod. acid, i;t liais not se ablanca ' oaF :iirhat we stb�rtec t W 1, �p r �rrt s� i x:l f. .e I kFs=" 1 t.' G r• e.;s .. make our City beautifuli to try to make our City useful, to try to keep things organised In 4 professional manners and everything in falling *part &Ad this it 'vhy I am upset, because 'why did we waste our money in having this ordinance rdjn&nc& written if we are going to keep changing it willy-nilly? Mr. Plummets Doctor* our town changes, on concept changes, as you well know what this Commission has done In the brickell area. What was there eight year* -ago today doesn't look anything like what we had in ordinances eight:' years ago. I will tell you, I think It is for the better! I think that we are all proud of what britkall Avenue today represents. light years ago you couldn't have done any of that. Times change, things change, and I think ordinances have to change to keep It in an orderly process. Dr. Theedet if we could make the whole City of Miami as beautiful as Briekell Avenue, I guarantee you we would have the most beautiful City in the whole world, but right now, It Is not happening, because we are having -petty ordinance changes. This is where the hurt comes, air. Mr. Plummers I wish everything I did here helped everybody. Dr. Theedes, Thank you, air. 22. FIRST READING ORDINANCEs Amend 9500, Schedule of District Regulations, RO-3, Residential -Office District, Principal Uses and Structures permit RO-1 Residential Office Uses in RO-3 Districts - change "drive- to."drive-through" (Applicants Planning Department). in Mr.. De Yurre.- Item 15. Mr., Olmedillo: PZ-.15 is another amendment, to the Zoning.ordinance. It was brought to.. our attention that as .we moved down ' in . . the RO districts vw should,, be, able ;;to refer. to the lesser district from a higher district.:. Sy,4Ithat 1:: , mean. that,-,where,.it's allowed in the _RO-1, �should be allowed in the.:,RO!2.�and:.-it,' l should.:" :be ;;,allowed ,-in the RG-3 by a mistake. made in the original:, draf, t.ing, of'-' the -ordinance_*. That., relationship was not,:there, so what we','are, proposing.- ............ here Mrs. Kennedy.- ._RO-3 does. not make reference to RO-2 and this will correct t, V. and so:I.move, it's very simple. Move it. Mr. De Yurre: Second? ...... qq Mr. Dawkins: Second. Mr. De Yurre: Dawkins -seconds. Read the ordinance, please..., AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF-MIAMI, FLORIDABY AMENDINGTH&SCHEDULE OF.DISTRICT REGULATIONS, PAGE,3j, R0-,3, RESIDENTIAL -OFFICE DISTRICTI !PRINCIPAL - USES;. AND -PROVIDE THAT . RO-1 - �RESIbENTIAL, OFF STRUCTURES -:�TO � 1 -. .. USES .ARRiPERMITTED.OR,.PERMISSIBLE,-AS.THE.. CASE MAY... J)ISTRICTSr BY, CHANGING .THE-,-.T IN AO!-�3,_ IN,!, TO,%. TERM !DRIV3. "DRIVE-THROVGH"I,AND,PROVIDING,AN�'EFFECTIVB-'DATE:,,--° -, Was introduced -b or,.. Kennedy..,,,a' 0 seconded by by:-,,CommissloAe; and.wp first xe so in -t*tle'b .:th*,, pj� Dawkins j-..,pspsed -on, Its, g by;. Ovjng` vot AXES s _Commis ions J. , Plums j C nedy, Mayo r": kaii'ei -Suar cs -,I. VTL` 6 y The City. Attorney read ,the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Sueres: Let me clarify that that was the one on the driver -in. Ns. Hirai: No, air, this is PZ-15, that we just called the roll on, but you were not here. Mayor Suarez: Record me as an affirmative vote, please and abstention on the prior one. Ms. Hirai: Yes, sir. 23. FIRST READING ORDINANCE: Amend 9500 - provide that discontinuance of a Nonconforming .Use in. part of a building after a time certain, will necessitate zoning district conformance for future uses - provide that variance -applications will not be accepted which would attempt to alter ifi i It it • Fr — a prior grant of Special Exception - provide more spec c t me in a for -receipt of Major Use Special Permit referral comments .abd transmittal of recommendations -provide that Major Use Special Permits shall be effective for two years with two year renewal periods (Applicants Planning Department). —i. Mr. Olmedillo: PZ-16, right now, if you have a nonconforming structure and It's discontinued for 180 days, then you lose those rights. What happened is that through a - particular case that was brought before the Zoning Board, an'..:: - i interpretation was made that if a minor part of that structure was nonconforming, it ,was, not, addressing the structure in .the ordinance,l_so-ahat —i we are , trying ,to do is. close that loop hole. by. which,, let's .say, a,_,building `'.'; ;' ; .: •', j } which; has., a million.. square feet, if it's..; got. 100,000 ,.squarefeet, of'.`. nonconforming' .uses, . then even though it.. is past... 180' days,_ today,,; by Ghat interjreiati6n,'__they may come before the Zoning -,Board and. obtain _an' a royal : s of a .change of use. or a continuance of ,that- use, so what this ',I'`.doirig-,i{.rs1 trying ao close on that loop hole. Mr. Plummer -:OK I'll.move it. y' °N-A — y Mr. :Olmedillo: It's a first reading. �o_-•:>i' Mrs. Kennedy Second. Mayor : Suarez: PZ-16 has been. moved and seconded.. :Anyone, wish to ,-be..he,ard,=on this item?. Let, the. record' .,reflect no . one,. stepped '.forward. Read. the .' "•:'.;i=:} ordinance. Cali the roll. ' t AN `ORDINANCE ENTITLED- a AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED,. THE } ZONING ORDINANCE.- OF:. THE ...:CITY_ ; .OF MIAMI,, : FLORiDAI SUBSECTION 2104.6, BY PROVIDING THAT ZISCONTINUANCE-'OF ; A.NONCONFORMING IISS IN PART OF A. BUILDING, AFTER A "x5 TIME CERTAIN, WILL NECESSITATE ZONING x CONFORMANC$ ;FOR FUTURE USES j., ARTICLES WAND AND -31, — PROVIDE 'THAT- VARIANCE APPLICATIONS : 'WILL- ' Nqi..': BE fi AQCSPTSD:.,WyICH WOnLD:.ATTEMPT'. TO "AETxR;;A; PRTQ#i_ Q. SP CI_ EXCEPTION; SUBSECTIONS . 2802.3 • TQ::..�� .•:::::.::...::.:-:.;. ,.,4.,,�.�, . �j PROVIDE -MORE SPECIFIC" TIME .LIMITS AIRBCTOR' S, RECEIPT .- _' OF MAJOR � :. USS ..: SP3GIA�:'':.'IiRIT y — REFERCAMMENTS AND 'TRANSMITTAL OF. RECQM RAI, iDATI9NS es,>•, .SECTION ,�0QS. TO,:PRQVIAR: THAT .!¢AJ01t ;pSE' Si'RC.IAI+';: 'E 4 _ k ,H • �} y� ,. 'SHALL. BS "$FICTIVE` F4R..TWO R�t'iEi+1+Rl+ :PE IODSS:,.ANII_:•.PpVITT!NO.x�47!kp °ri g izw <, ��_��,• �TQ- �!!Y Oyp.1.•.AT3}r iJet�� ;:; ,;'... - " ,.n _yts.t,>. ;:•°.- + �. �%$.a34trQdtd,;.b)!iQste._, •►ax paasad-9n :,It rat: reosling pY titlt� b)► ►+i.`°€+A � � h i ,:� - v:'.a fir+�x. a- y•,'Wce��LLr,''4fi s. 1 i S1`S - - ..`...._.„_,,:rc-..."G' of .+i.• i, - Q r . d a y%. F. s' 1 it i• 1 — r� il - I Y a.1 ' _ t .a i, J, i w � a 4Y' I f -h y " h �S �#vfs d - . a •.J 'f :ar`i :: 5r • '� t: s - =C::; 1 INNER,- - k f. t. a=g cr�•j - '�:i -.re x,. I.,r,:1.•x .r,F E t•`s`YiY•r. 1 - -.. -. .- _. rc:.• ..x'a?h, .r.—'Wc-1 t .'f'i)r.:'}'=,vzSvkf:a�4:s •,.Si.:R4Si:.,lfY?_','h.�c�. _._ !►'p` 8! C+ iesiofier . t,. Plug, Jr. ° Comiesibner Rosario Kennedy ,f c6mmiagl6fter Miller J, Dawkins Vice.Mayor-Vittor De Vurre s ' Mayor Xavier L. Suarez HOES: Nona • :. r.. ASSMt None. tix The City Attorney read the ordinance into the public, record ;.and =` announeed.that copies were available to the members of the City Commitsion aisd.,:' to the public. 24. rIRST READING_ ORDINANCE:. Amend 0500, "Major Use Special Permits; =,s intent; Determinations by City Commission; Referrals" - provide that Planning Director. shall receive and make recommendations on all applications for Major Use Special permits and amendments thereto, etc. (Applicant: Planning Department). xa; f Mr.- Olmedillo: PZ-17 deals with a major,use. Today.in the, major use, every single change,, regardless of the .quality and.the quantity of the change,has to come back to -the. City'Commission for amendments. Let's say we have in Miracle Center, we have,a change, .in. a window, it has to be reviewed, by you,- What this r is, trying to do is establish the definition for a substantial. change and that ' it's brought to you only in the cases of substantial change. Also... f_ Mrs..Kennedy:,'What insubstantial? Mr. Olmedillo: We are saying, we are defining it the same as the :State' ., a• ,..: . defines 'substantive .change .in the,DRI, the Development of Regional, .Impact.: ;_.;On:;:;`.; page S' ',Commissioner, Kennedy,' toward,.,the bottom ,of, page 5, you will 'fInd that ahe., substantial :change is defined .as the footprint, of. a. building being' prgpased.;to moved more_ than ten, -feet, and. the height'of the building increases w by five percent. The other provision that this is,bringing to you .is that. you ;r y - have the, benefit of ;.the reco:mnendation -of the'lower boards. before:„it:,,reachea.';. { .you.:. -':;Right now, the • way it is„ -written, the issue 'ia b'rought,..the, amendment }' for •:a ..ma or ,use,': is brought directl =• to ou-:without': the _benefit issue, ; j g y y E � ,iQwer boards,;PlanningtBoard,or the, Zoning Board, and:this will::,.. wr Mrs. Kennedy: And these substantial changes will be determined by the .Zoning MEIN i Administrator? Mr,.'.,02medillo:,_That :is'.correcL, but .they have to meet a. certain requirement. AN <:,• :'; Mrs., Kennedy: Within the... right, it's a great idea, I move A Mayor Suarez: This applies to things other than DRI? r :. - ,.. . - �:;``:,r::'•''rig } Mr. Olmedillo: Major use. 'Mayor.Suarez: `And does.that coincide with the criteria for DRI; more or less? r.,.0 m d to s i H l e it :: Xo n r —. � i ':Ma or��uarez: Not.. eatactl, ? � ; � - ,,,• 5� :;,: tir. A Rodriguez: ;:Exactly,,, exgept. we.. t;aye' a' lower threahpld for ptajArtt p ' �., ,7• wq=�:.4,<+kr •",.,x ;'' 7 .�;, _;� r S; 7 a-''K:�tr'K`.,','`�t-�,Y*`'*ff x}',rt�,its .�! Yor:igu+�xeis`',>�t.We •,#�avoR'•�►`„?^_ " : tr Y�.�.s;;=•,r�.�;,��:° �:�;a�� ' wriF (N' Y' Nff54a.'r Mr. RQ4�r$u4p �!'OMi�}"` t........' ?3 F or=°�uare A a:a ui�a.�•a a a��-. 's�r►i.ts�` Air Apx. ...r. v n ' L i I. ! rt � - u.r r ,.5 v "o- +.` a• n F na - ?/',: ".',, `: is • t Y. S` n- t iarti�,' .:arid- �.Q�-'%DR x v� f ryt4• t3'+ n. ^ail } y hzki t� , ''•3'' •rN lN, j• _ b 4 1' ti tom,, f, r` •' 1 d I F 3 Y ,i 4 xti ' ,R 'Y 1 `,f :F _ c 3 ' f.•f A � t tir•`/ -f^j .. - .. - - _, .,7.- .i .. .... S _ ..._ L, ,... _ , r.:,i:::•:. pu•. .t n X, .f 4 ifx,I,',-'r!:'i- -�'4i` 3`.'e����.. - --------------- ill: uS' Mayor guareas . Now then., if this applies to DAI ptroje0t9i what is the process for amending a DRI? - not just the City of Miami Commission 40e641he it. Doesn't that have to go back to the South Florida Regional Planning Councilt k Mr. Olfaedilloi If it is within the area wide DRf, no, but if it in outside of the dofttown and the SE O*artown DRI, yes, it goes for a decision to the South �- r1orida Regional Planning Council, to see whether it is or it isn't a `9 substantial'deviation, but at least this deals with a major use that is there now and there are many more major uses than DRI's in the City. ='" Mayor Suarers Does this amendment apply to... does this ordinance apply to amendments to the DRI's.that we do have in place for South Bast Overtown Park w West and downtown? Mr. Rodriguez: Right. yxY' q Mayor Suarez: Does it apply to the ones that we don't have under regional DRI or global DRI, whatever you call it? _ Mr. Olmedillos Major use yes, DRI a, no. - Mayor Suarez: Major use because you are saying it has a lower threshold. it applies to any DRI? Mr. Rodriguezu- Basically what'has been happening.is, any amendments that have " been coming. before to you directly without going to the Planning Advisory Board and doesn't make any .sense, that major use permits go the Planning_ Advisory Board for advice..before it comes to you, -so logically, if as you go, if there is'.an amendment to them for their advice before it comes to you, that's all. Mayor Suarers I'm just trying to figureout if at the. and of -that process, you still need. -,the 'South Florida Regional Planning Council approval, DCA approval, or anybody else? Mri.:.Rodriguez:.' Far- a' DRI, there would, have to be made a• determination,',ohether this ' is .a substantial deviation and we cannot bypass those 'lases - they. exiat .. If-; :it : is .. within, the .- downtown DRI, we have a different procedure that is. 'much similar than,..that that we -can do it here in-house. - =' C;; s Mayor Suarers,:OK if; it: is..our,discretion in sayingdowntown .DRI Y _. , ► process,. or property'.:, included .'in..,.that,':.;that it is not a substantial deviation, that' determination at that point means that it ends, it doesn't have -to be_ approved`. further .by either South Florida Regional Planning Council or, DCA or anybody,. else. f ten. Mr. Rodriguez: Within downtown DRI... Mayor.. Suarez:: Our, determination of it Mr. Rodriguez: ... your determination is final. Mayor Suarez: OK. Mr. 01 medillov, There is always -the appeal that ..South .Florida: may,do,tq,,your decision on' that' issue. �.• , ; r „tit; �"�; ,'i Mayor $uarezt Ah, they have standing as a party to appeal .to our decision.�,t _ .. . i Y Mr. ,•Olmedi� los' It's unlikely, but,., Mayor Suarani Tell them .nto do that too, bo vs will •"�l:�im�tt®•f> -�:. �,.,-', . ¢n� Se .cruse , an :reap ou -ca ..have ov a � t' ,- Y, :`-Y can .k� g. .4,rt�m atal'.��4tli�!? ''.r,• iAQc b ck .a dt f_ or ; 0 e k.� p tb i4,.<<:ye av a :moti D'. and . a gyp• n. w t1! �- .Or ez na . fiai s. tyr sr,k�- Y sP �= 4- AD I _ jf..RS � 4 ''I '`. �• ern, ''.. i:'. " A Jlt' '1" 'R ✓B , x .a {. : .r. G ,rt ca'+ o.t. � ''� .9w } : p 7 7 a.. -7a oo # .�- 1 -R', , Jp it i 4 w„3 �11 , via `- i F- 1' arM1 j+ kV . S -F t L pp a `~x era r•..., . _ `kiLs .r- J' a •iJ _ -t ' 1' Ms. hirait Mr. Mayor, we have Commisaioner Kennedy tenving it, I need s second On this motion. Mayon Suarez: Need a second. Mt* P1uiMeett Second. - Mayor 5uaraza You got it, call the roll. -- - -�I AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 0500, AS AMENDED, #y THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SUBSECTION 2301.5, ENTITLED "MAJOR USE =`§i - SPECIAL PERMITSt INTENT, DETERMINATIONS BY CITY COMMISSION; REFERRALS," BY PROVIDING THAT THE PLANNING DIRECTOR SHALL RECEIVE AND MAKE RECOMMENDATIONS ON ALL x' 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 380.06, FLORIDA STATUTE, 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 METHODOLOGY FOR DETERMINING SUCH CHANGES. Was introduced by Commissioner Kennedy and. seconded bq: Commissioner,. Plumri►er and was passed on its first reading by , title by the following .vote: - AYES: Commissioner J. L. Plummer, Jr. : Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice.Magor Victor. De Yurre . Mayor Xavier L. Suarez A — - _ NOES: None. �t '•'' rf�r ABSENT: None. la. The City' -.Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and' to the public. ` 25. FIRST READING ORDINANCE:. Amend 9500 - provide.that a concurring vote,.::of.:: five members of Zoning . Board : shall be required to.. reverse.: any . decis.ign'.:, of an; administrative off icial,; or to decide .in favor of . an . 'a PPe. AAA l;l t; (Applicant:.•Planning .Department). .�, - - - '*k- - - - _ "tr';?e?.;Yii•;a;r`..t.vMMue Mayor . Suarers -. PZ-lS. Mr.: -McManus:: : PZ-18,^, Mr.. Mayor, and members_ of - the": Commission, {as ::yipu rxoi it '"tee;': =N Autnbor of ,years; ago; .thc_'-membership of the onirig:;. Board:hae,. 3nc easp�t '`tt sesven tV:+L'i ttitte ,members. Correapa ding to that, tk:e ajori.ty. ,vota :;'p rx cf . '. ,i' cruoeed :;.Ito, f4qoept; we.-haye, 'this..:one'. iaatane,eWho' re;.:i,t., is`•'�����saaryltcr r� Y dacide an :a peal from. the.' decision:.of an administrative r pr�apaeiAB:`liere i$ tha1::rho'.nwaberba:xincreieeed;-#xoi►:,oVrtQyf�!e,;:;�h.`ga e►+r or ty �!o a on ine-Mepber, : bcard,h,aotlaietiQnt �.�>r�+'';+��1, t}►� �t� �n�,� t,. ��fi� . ac¢quF4m4t OA the Z0;1AB'.,B6atd r a r i S✓' r.'irri"zit-' LUG- r� - �4 I. 5 qd•.� t _rt ,1 l ,ty •p r- I: y, 'r +f . - x rt. � - u _ r{ L - 4; i( u 4'••:: -a L r'''"':, i,^;;a.:±ii-�,>-,wdi., .wr.'•..� e:Wv¢a3o;hw:W2,,;h`li^,kj. -- mrs. Kennedy Second. +.0 Mayor Suafettt Moved and seconded. Any discussion? Anyone from the general `-'t•' public wishes to be hard on this item? Let the record reflect that no one tteppbd forward. Mead the'ordihanee. Call the roll. Hr. Plummer: Excuse me, an appeal procedure by the loser is still in process? Fine. AN ORDINANCE'RNTITLED- r' AN ORDINANCE AMENDING SECTION 3006 OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI� 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. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote:`' AYES: Commissioner J. L. Plummer, Jr. _ Commissioner Rosario Kennedy -_ Commissioner Miller J. Dawkins Vice'Mayor Victor De Yurre - Mayor Xavier L. Suarez NOESe" None. ABSENT: None. The City' Attorneq read the ordinance•into= the public , record' isnd announced that copies were available to the .members of the City Commission and to the _public. .x _ ':. 26;:::w'FIRST 'READING '''ORDINANCE: Amend 9500 -': SPI=B... Design. `Plaza domino"rciai `' Residential District Minimum Offstreet Parkin rovida "a.'conditional:,` B P °except"fon;for'z.. restaurants under 1800 square feet (Applicant: Plan"niig_:;;';-r.r; Department). .,; :i ^r• Mayor: Suarers PZ-19. Mr. McManus: PZ-19, Mr. Mayor, and -members of the' Commission;' pertains` only: -the, xpecial..'public interest, district in the: Design • Plata, _"area , xhat is: a :approximately an"',eight block area wherein 'we have observed that it is".'very.: dif£iculti for small 'restaurants to provide the required - parking, space.._ this proposal does is require.... provide an exception :for, iridividuaX;'' reatauraats,less than-1;800 square feet- vohich:is 'small.:" sized It would require .only one parking space for 600 square feet, that is 'the '1;400 '.square , foot' =restaurant"t would aniq have to provide three parking . spaces;. bearing° x� mind that,'patirons to", the design district are generally there ,for, i e�:: entiriei iday;°• F- •'Tbe►y are '•parked: in 'one'.°pl'ace, they ara;'vfsiting 'var.ious, sell'ers ip-,+tl�e; do a' 'the : fuz�nitura' manufacturers and , are, stopping `;pff at ;'t2�►i r,,# .;',q Mery;l very i smal ,V restaurant ' for a "scup of coffee and :a bite vetry -reasonable. We ; are - suggesting that it be,.under =parmi i firpm t#ie' rZQtiiing ; Administ� ator to ::assure s: that the,,.:ownership,: .lam 3,e;- �ssraa aiaita=�re:;�.proper,` qi e iafr art;. e ""Xan f kt 5 V y, t., a rs " u r ,� .d: ; ? n Y ••,. .E - <:.,rr r. h lid" oulf: - �a 0•rr� � d" eih s `� r - ,.. aurastt `wo sl'�havLL q � :�hg - u v - '=i ` A 5j2 . "y N d= •ta - of ..�iA ............::�h':��^P•luieteer`e�.:Yeu�'arw"�redu�.i'ne=:`.iti�rt'n".on.;:Rrn.�''tehh�a's� 4''i�itis.. Mr. ;Mtnahuas three, Mr, It6drigues3 Itsmambers we are looking at this, not at a main uses but a use that will be aerving the area and We're enforcing it. Mr. Plumets Are they Open to the public? Mr, Rodrigueas Yost sir. Plummets Heys 'I ,could vote for a reductions, but, from 18 to three, means how many emploYees do they have? I can't believe, they havC,thibe employeess: that's three cars right there, so what you are in affect saying, there's no parking spaces. r""•: Mri.ltodriguers Very small restaurants, sir. Mr. Plummets ROY$ how small is small? Mr. Rodriguazs It would be in this case less than 1,800 square feet. Mr.•Plummers I wouldvote for a reduction based on your predicate that there — : is a lot of walk in business, but I can't drop this 18, three. 3. Mr. De Yurres Well, how many tables do you have in there, how many seats in your:t P ca 1,800 square foot restaurant? ` Mr.':Plummers.'You have Moma, Poppa and that's three cars. Mrs. Kennedys Well,-the,'argument',is that they go to the restaurant, then they spend their whole day in the district. Mr::Plummer: -What? Mrs., iXennedy: ;Their. argument -is. that- the onl . y not- Y go to the restaurant;-;:bvt then they _— ,':r r;.',:' " -•tin Rodriguez:. I -.will, say, You: can o .g 'T • . • . - - - - _ „ Mr Plutpmer: HeY. ,Rosario I understand the r nd what you are saying,~:but-`I'm'sa L t`.restsurant..is going to have at least three saying t.,. employees, OK? Mrs: 'Kenried ys I hope.so. st Mr. Plummer: If they've got three employees, what you are in effect.`.doing , isi as in Y gf';.:no•:.parking.. Mr..Plummers_' Now; .;I-aan=.go.for a'reduction from 18'to. 10E c`' , OK? .. But from .:.y8 •..to 3 and yr - P 'eliminate basicall arkiag for. Ats: entiretq. Mr: De Yurre; Nine what, tables? Mr. —.,,I —Rodriguez, There's,: nine tables with four people,-36 people' ...:, Mr. De Yurres Pour chairs. fi Mr.. , Plummer Thirty-six people. <. t frP _ Mr•' 'Deb ,.,_._,,., :,.: _ -�,• 3 - L> Mr ,.R —�: digu �►� is `t h t' - g a t Y, h ` poop .l t a P p . that w; Pt, x.. '. r the: P o _ are e Y., ers , " a `t' 8 .r iA xs� : do some b s i ti P,i; xMtt q. . , - u teas. 'f` .a3 r'?= ,.tom.".i ,l•. :i -y i7. a,,. ;rs•';';a::,Lr`,r-SJ`_'!u$"` �.Y '��Y' i• ,yA yL - . tr.. A kf - C cy t. T;�:. y.`n -`y //� j .,y-. {::{i: ,hR: numb �.t�i�e�e? :..-Wh Rat-3■�a�IJ t ; � t„ k ,�,,,,..r-:.���, k.j xSrk c.:�E�.+'Rt•o�1�M Y * M}!I" �Q y'' �'?Kur Mr_9"'7Y r .-„t;�i, j�::4tr .f .:n-s ~t' .�-. �_ - �+'' . �,•.'��?i S%�it '.�W4b4�'�-` {, 1:: , �z' _ fc.,'. }4�, .,. ii.„ -'%f': :b•: - :.0 S.,'y'".';'d.. „;i�a ,5" .t,=:'y' t i. {r }} 1 1 3< a - - ter .•�, ,i ;: =:. x`� :�. �t&Y �• 'fix • r. _r:• 1 ''.1. x YssryM■ }! .fir•,.". : n;. .''_�?.. �. :�.- Q� a-v -glum& a ,+ t c• - f ' Yf' _ ..x�„t`.. -t ...'i.. , . .. _ L . _.. ..,.... , .. _ . _ _ ..... _ .. , , _ .. - - , ,.. _. �,.::"-''-'•,�' . , .. _ .. - � ..t_ , .., s`'# t.i: � 3. r.-�,•-:• S �.�5..._..._.d4+'..,...aLt�` _. _�' it *Akghlt at, 6it"ple. It is what is being pr6pba6d in the Mrs. K6ftft6dyi-*60'thAt'* it **ittiY- Mr. ftodrigutts: I ktiow,' but In that particular **ample. Mayor Suareet So' it not *hit might be a reasonable alternAtI46 that 0610t". trtate too much of A pt6bl6m? 31` 1 Mr. McManus: r6llowing commiss Loner Plummbrls suggestion, it you reduce , the ratio to ant parking space per 300 square feet, you then doublt-the'numbir (it 7i-,"iE required spaces to six. Mrs*, Kennedy: Nov many restaurants do you have less than 1,800 square, Mr* McManus: Well' the problem has been that there... Mayor Suarez: At least six, by the way, if I may interrupt the Commissioner, at :least six4eems to cover the number of employees that one might expect'of a restaurant of that size, no..* Mrs. Kennedys OK, how many less than 1,800 square feet? Mr. McManus: -Commissioner.,the problem has been, nobody can meet the parking requirements, -to move in and actually do something like this because of our t. parking requirements. Mrs.:,Kennedy: But you haven't answered my question. Mr. M16Manuws 1> would say' that we probably have grandfathered two or" three extend ihg':back over. the years. ('1 Mr. P lumme r t Hey, 'like I -said before, I'll cut-it,.in -half and, that;l C k-b4 -0 f a reduction.- 10.11 go for nine,' butIlm not --going, to go for thrdei, Mr. HcHanus: -That, would be, rA at a' ratio of one parking -space,pe-wo.'. hufi M r. ummerv.. P1 :Right. -M'.McManus: within -the limit: J - KO. M P ummerrThat 's-cuttinthe:requirementby0 ercentlZSuare z s `Move. it? -'Mayor Plummer: I'll move it at nine. Mr. 'Do lru'rret It's a either that or you come back and tell us specif icillyrhl ei .j restaurants aro'. there and what their parking situation Is, ad we knowwhat.we'. are d6alirig with: Mr.' Plummer: Well, the thing that scares,me, Victor, is. in tho,.future.- 6io'� restaurants many; �m are goifi& 1 to - keep 'it. urider*:1,800 sothey don t: have any parking? You could have two today, and 20 tomorrow. We have' -every option of Mayor are z t chan Ing it, later, if it,s 9 y r4 uma. Xact A '11, y. 'aWays"t- 'e'': ba''6k.4t Manus am, MeIL"R6 r 40 0:. no., • per.:;26i'�, fia roc. -your f, motio"n., 4r • r PA, X 440 004, 04:":, Z AA, rjj pa A.r. 17% AN ORDINANCE ENTITLED - AN ORDINANCE AMM3*0 ORDINANCE NO,. 0900, AS AMENDED, TIM ZONING ORDINANCE Or THE CITY OF MIAMI * rLORIDAj RELATING TO SPI-11 DESIGN PLAZA COMMERCIAL RESIDENTIAL DISTRICT, SECTION 1561, MINIMUM OFFSTREET PARKING, BY AI)DINO NW PARAGRAPH 3 PROVIDING A CONDITIONAL EXCEPTION FOR RESTAURANTS UNDER 11300 SQUARE FEET 114 FLOOR AREA; CONTAINING A REPEALER PROVISION, SzvzRAj;ILjTY CLAUSE An EFFECTIVE DATE. Was introduced by Commissioner Plummer and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: '. AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor Do Yurre Mayor Xavier L. Suarez NOES: None. ABSENT: None. The, City -Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. �27. (A),FIRST,READING ORDINANCE: Amend 9500 eliminate Transitional Uses in Residential, SPI-9 and SDI-14.2 Districts - amend Schedule of District - Regulations to delete columns entitled. "Transitional -Usei, Structur as —A ,and Requirements*— Y (BAmend above -cited First Reading Ordinance by fixing. the of f active, date- for' said Ordinance - to be 60 days 'from First Reading, -.., with . provisos. (C) Deny Agenda, items PZ-22A (proposed. First Readint-.�Ordinancw.'iI.to, A, -all Uses,,,, St t i eliminate provisions for. Transitional rue ures)- -22C (proposed ;Reading Rdquirements and Limitations) and . PZ sed ��'First' '_.Oid1nahce_ to 'amend-,,,9500 to eliminate '.provision f or Rear Trans It ion& Uses: in ResidentialSPI 9 and Ph14.2,.Districts).. T 4 Mr Plum mer4r: Why don't we hear 22 first and, if,.in fact, transitional.uses: are, that voids 20 and-21. Mayor. - .. Suarez Are these like alternativea,,is-that what it is?. ' Mckanusi No. :Mrl.�-Plummert :Well, if in fact transition stays. in. Mayor Suarez: Some negate the othero,*some donit? Mr.` Plummer: If transitidn=,stays in, then'these address oncompasai a'Yor-Suarez: '7'.: Which" to the most., -global$ or.the most,412, -"1`:22-what -z,the series 'that ere.to" boppen-i then-:.: Ed ;,22?,-- t !.s-� ayor _,-Sjjjj -at -mar We X1 i it, �bli look thow ITA do MA of gUaraee Thoae are alternatives, but any of one of them would negite.:. M': �leManua: r.r but among them, the first one A, eliininatoa tranaitioteai entirely. - Mr. plumroars No, pg-20 or_20 Mayor Suarez: And any one of them also negates the need for P2-21. Mr. McManuse 'Your Mayor Suarers OK, we will go to 22 A, B and Cr How many people are here on these items! Please raise your hand. =T: Myra. Daw tkins: Have the officer announce outside to the people. in the lobby _if -4± they at*-** - - .: Mayor. Suarez: 22, right. Transitional uses, OK. How many associations do we s hdve.here that are represented, the number of the people that are''here .today? Eleven different ones, OKr Mr. Plummers Can I ask, Mr. Mayor, of the Planning Department... a: Mayor. Suarez: Yes, Planning Department, please. -t Mr.' Plummer: ... of A, B and . C, do I understand that you recommend. B, is _that ' • rs,n, .'. correct? 'Is that -in effect, completely eliminates transitional uses? o: •_ Iii McManue::'(OFF•:MIKE)'As you can see Mr. Mayor...and members of the Commission; let me point out to you... i Mayor.,Suarez: Transitional requirements and limitations and commercial is'dus.trial districts are' retained under 22B and 22C and yet transitional are eliminated.,. ,I ,hope you can explain that to us. I hope we 'can understand it; -which 'in even more difficult. n Nlir" "'MaMasitis't': As` you can see: by- the'' to chart chic i - - Y , p h' ndicates A ciaseaerc.iaX`: :.indtietrial areas, '`zoned`- areas on` trio to art.' and' residential on . he" `south:r: j; - P P pdrt;. the -colored' ' area in' commercial' industrial districts77 '°transitional .limitations which limit the kinds of structure and 'the s # uses-'._on,r: fie coi4inercial and :industrial when the face reside ial. •.:;= y , nt uses•.. 4^ ver. beneficial' to the residential reside t 0 ? Y= a n s, . K Going �.to .the,�`t;:iouth 'bin o t he+`:: bottom `ar — '.t t of theots�-re.ferrn to..the=' resident 1 there, is., tranaiii6hal use and 'side 'relat onshi along the side of the block'-:-" �.. -., . p g t=x; `'iihe`re utes"•'are allowedbasically by Class C permit,' principally with regard" to`',:: ,Y offUs* ij�i certain kinds. of residential.. -There is ..a n1 ;x•:,, Ma yor: Suarez: Are ou . ref when e i'. Y 8.. ysu,, say aide, to :thd sketch that•:;$;`, Before ua.`:k2iereY :And ,if .ao, caA:you havo: aomebody,,.:please point to what mean? '- That's:''on the aide .of what? i What lot is that on .the Bide: of? 'Can`.v e, et somebody to. help, him so he can, or will you take the mike with you `or, • Y ` P.. , . . y scmaxhiag'; "'3os? Mzs`. Kennedy:. Are you talking about side and rear together? Mist. McManus The ilia relationship:haa established, transitiomal,ilvei-*itp,th 3d �i :t4 'lots'-faaiag; he.rei, eind tat= .eatabaiehe a- s deu �ra�at3onatip, Which than in 'turn, ;aer"itais Inds :•. r ,;;� rynla s Ca ca i= ilaahe` �r ,�'► i1::,.. ..0, RA�i� ;bRaj. 5�� �.; '_'1',p,i �. : a,; r.'a: - :fY- {^�1. r., P� ;�• t. :•T.,. .4.'9�.'.;1,� �a ,�'` � �...F �l �:,. - a ar .d' task`:` l t t •-n' ses. 'r'e`' e ssy !.'jam ..y�^ � i ?•._„�....�a. �w".. a. ,n.,,,�tk .;�^ y•f-0" i.,,x its-:s= :1' i`-N., slo `�..•�. .rv.,tj"7L. .lac 'S,-.r>i J>. si ', .:. �; ...t ?.1-r., , 1�:. n� fie% - F 1 Y{v_; :.;;'r �..1 .:Yj • $'•Y; . ¢t�,�.� , _+ `� )Lt-flr 4e, h `•,� r 1 - - , .�{re, .. jrp`{ rnmay+ t�) •■ ¢ pj �- yy -r'.3: ._.�:- Ast .#aa, . altern+�t'ivs�' numDor:,,:ona, repi�t al id d t ` '3:'�=i�:`��•,OK�. `.JDe'''>i�=tiiiak�:•:voutr.:''�bwur`',�s�t_:'ri 3' ;v a � A' ai Mv Mr. 2+iusaners Calk # ask this queatiofst Your last column Jos, It says, 3 transitional rsquir.oftents and limitations coMercial and industrial district, Is that all tombrelai diatiiota MnMa#iva, vhera they back up to residential. _ga r. f�it>s�isers Oh, OK, it doesn't say that. A` ter. Meftnuss 3t4a city-wide � Yee Mayor Suarez: That restriction. Y _ -; Mr. McManus: Wherever there is a boundary line between commercial and residential. mayor Suarez: OK Joe, why don't you do each one quickly as to what the effect Mr. McManus: If we eliminate the transitional... this is speaking to 22A, if we eliminate the transitional limitations in commercial industrial, it reduces the.protection afforded the residential property owners. Mayor Suarers OK, but that is conclusary. Why don't you tell us what you cane. js do when you can't do, the'moment that that, goes into effect, 22A: ; t Hr. McManuss It would mean that there would be certain kinds of uses that are y sxciuded now' that would be allowed in here, that would be detrimental: to:Lhe € reaidentiai users. And again, if ail the- transitional 'uses were eliminated here, you would not be able to,put duplex or office uses by Class C permit in ?. the aide transition, or apply for parking in the`rear transitional uses. t' Mayor .Suarez: Parking in the adjacent residentially zoned lot is eliminated —#. under' 22A. Mr. McMaaus Aight. �k llagor Suarez So is, side transitional use but `from' the viewpoi ntwog` .trial::';`'_:;: residents the are then,. denied. certain protectia s th'atwexistould` i ,r McManuss' .22B,, it eliminates. 2s Mayor...Suarezi . , We, ,wer`e. still talking about 22A. OK. now, do you" want to I .'2B7..Do`:�rouui�derstand properly 22A?'• What'I, just st'ated',.'�vas--that'acorz`eot��.,;'' statement? �f Mr. McManus s I" think so. ' r:'Plvitimer:` Yes', are the limitations on 22A.,'if."you,eliminate banked up,;you - Co rest?. ... .. , _+.':;sir>-'a,�•-:: could not"bave'an a.rkin whatsoever, is"that r Y P. 8 , McManusa That is :correct. Mr.. Plummer; You could not,,come with a conditional use for parking? i d he. or an back 'again.',.,,,,; '228''' Mr.. McManus:- Not'unless you were; to amen t elim Aa .as rear, ;and: side transitions. It would l � i a` u d eliminate :this; •and residentiiii ar and —retains', the transititiasi. liniitstioas:'•a_-�co�ngarc.i�i.�;x;r,. industrial.: :In otrior :words, it retains this' rotection:''that-,.ia °-aff0 o lid protection-'. :...:..,... ,. the' rOr dentin] owne s. hare, but eliminates both iside` and: rear::'tre?isi:t_�grhs;�., ., rr _ �r o f ices du _ ear...':... uties: �iou d be no . gar able` to 'nppiy" for f i or' :la >' i ►'w�: i, and '.. aid_e. tra aition or _'.tha : arki b spa.' :_eitc: ptto •�ffnp _IFt —rt 'S,'.,- x'.,: .'_t'i'l- ^t' ::5� - :ii'• ° 'a... - ?`.. :.'yi?;-}+.E:•:t 7r 22;ysr-w�#uTd "el`imiAata. ; a roar >t?�,AAeii `ni m` z'- j !�� raLaiu side ..tFOR01ti'on''aA zetain'.the .lia►itatSose o tr�►Aaitioz�tr . . .y; �-y.. �..:+ ;y;' ert'"9,:; •',•1i1"; .:i?`� .t. r,;ar g... �t �,,.�s��r� `� ' rcii-industri — tha'. - e N` Tiw ca ar ant '::t ``._Y,Q at.',.v tld bs` .th nil s hl.. .i_::>_ A,. :�:_ Y 7.. h n e : -„ .n4�„��� ,:e .o .._ ._ :':., y.„. `tin �.::v 'Rs, :y..;v :, .: p..:'•}.. ,!� :.:.- ,: ,, '-:.'..; •,..,w,,+:._.,x.,..F � to r''.:�r�'`;�;;;'!„",:,, ; P.�ti�� - �, :.�'ua,_'f%a'3 J7; IN,Y ed r. s- at S ' {{ Of y:'� •aa }^ 9":,Y�,. �'.::a. � . .9 . ¢ � . � .->�°'� :fir :'Y,: , �� ' � �',� : _ >�:.,...,; • �?:.,,, �: .� t . �'„°tit-��.,,:_ , .;>" .i m,,,...,,., .. ._..-.. ,.,.. .. ,. ...•r:: __t, ,.r y,,.. _.;:-. - ...•i'; •.- - +-sip. nt t u Y v"_ ...:• _i.;: .:: -3i' 1.-'::t •: ,�"y p `•.Y+b;l:,`-'::;'; .-t�,.: ..,_'..s N..,'c.!.:n ^,::, i:. ":•.;:-- ,'.:' _....: 7'+:1,.1 -•,1 ... ., . t . .... ... .:s''.,........✓-t .. _.. .-.. .. r, ... ,..-".iL._>...,.... _ _. :_, _. - : .f .... ,_: r_a..: ts�,:-..."c_.; wr•rr+,q�.wt�`. Maybr.suarett The rear ones ` Mr. 1icManusg Vhere you have the rear transitions. Side transition allows you to have a gradual change from the commercial industrial uses just along the side to the next two lots, for 100 feat, a general change than into either -t duplex or an office in a home before you come down into the residential lot ; here. It's very gradual. People perceive this as much more abrupt. =� ;:.. =1 ` Mayor Suarezt but you hit the nail on the head when you said that mast of the objections we've had have been over the issue of parking lots in those transitionally stoned residential lots in the back of the commercial ones Mr. McManus t Yes. 5` i Mayor Suarezt Didn't you think of any alternatives that would eliminate that and leave some of the other transitional uses? What other transitional... ' Mr. McManust :Well, what we've done then is try to... Mayor Suarek: ... uses would there be? Aren't there some FAR (floor area s E ratio)_, provisions and some other things? Aren't you able under =$ f transitional... T Mr.'McManus: Well, what we've done, we of course had the workshop as directed by this Commission. In this Chamber last Thursday we presented an alternative s to„those. present.. We had some homeowners here and we had some representatives from the ,realtors.. What we tried to do was to back to the situation we an had on,the'south side of Coral Way where this Commission... Mayor.Suarezt What brought this about, basically, huh? - Mr. McManust Where this Commission is deliberating on the south aide of Coral ' Way. and . eventually there was a move 'to .allow, some movement of:_the - commercial uses.: back -'into' the residential., -lots, and what:- we've presented. :'the. :'.the. homeowners, and if I can, I'll just show you some of these slides here.' Mayor Suarez: By the way, I can't imagine that anybody is in favor of, 22A: I,..' mean,.L-,<:don't:.think the realtors would be in favor of 22A and I know the, . residents wouldn't be in favor of 22A, so I don't.. you can `almost;,forgat`,.,.,, = I' About 22A. • : , Mr. McManus:_ What we tried to do here is visualize the residential*., the oofmtnercial;, street., would -.,be over. on this,. .side. tThis would.,;'be,`�the 1: comme rc i al,, ` t-� building. Mid -block would be the between what. -.commercial here and residential in setting up a-paramete=. that. you. could .�onlg�';;r`�`;��A��,�=a,'�� have parking back _in:.,the-;;.transitional lot _is' 20-, feet. -back, of, the..:,bass: =` building;: line .and .you:could,"only',. have a building -..if .it,,.were, 50.-feet; ba k.; a#.' the base 'buildin line starting, at a .point -about here in other words IAA (. S g , y.: ... # structure; had. to, be 50; feet back. What that does of course,,. IV, provides¢r:;:':,: ansion ;.of r parkingback. into- ,the , residential lot and,, it •also! . ovidt3s ? ` protection: to -the . property owner because parkingis is set back 20, the building , j'. W is ':yet 50. In addition it probablyestablishes some triad of, a' li ht lane .to,��:;,;;;3_ plopa,,ths::buildipg, back away from the; residential area. Mayor,, Suarez: ,; .; What does',..this illustrate, Joe? Does this Jl lustrate -:;. the existing situation, or one of the _proposals?, ir« ti Kr..McManus:. This is;:kind, 'of looking 'towards what. would'.,be 'the.,' are�matsr x, MAYor,--ppare;: It. illustrate -.anything'. •°; C n 8; Wel no o C- m OmiS. in:w i h',wei - r•. p +.F z= 'V if Y,' r l Q s.: m JfR , . S �yj p j Y r> r. � rytt� _ s-> s rev "t �r s�• t - a it i V .r •'. - �. ,r .,� #� �A. � �-< e1,, d ..�� t1 -E'er-• ".<.-:'.; •, 'li u�,� f:+ ''r rrt� r.y, r.r<' "'t -4# - y '-t �G •t Y- Y.- Y. - - - `yM•v •iilG �, x - u aYy-r, - • f, - - 20 Yv - - t. _ t z Y x a xf Y ..rt�1 ; i,y _ ' rF {, s cK•; � d ' x r•#,tc>;` r;�r �.�i; � r �� ' j — -=wf�: Jr..:S.tx't'j•. tyy �^1 n _ ' W, - - .i'.-t i,•.,4..)>, r.}' I - - ''?., 4:' • 7- �:,,,^ "� t7 `: t`%''t^:', e,,,„_sew ,;,�.) K� `.3',r�',,,'(((yyy���'•:s� '+� -- `r='� 'F�df'i+ ) '.:F ' �'x t' •,•?{.fir ,:'�i:iS„'G_", 4_,,,.;,)e.:i��F i.s+•,r2tt, '. ,� �. E�{; ir"rrl*9 ••,h r .t� F .,.Ti t? 0.'`� .ter • .�-.',�. k,� � l�--4"+^azf� - - .Fn.-.k+`�rt ;'✓.h.. ,i., _'.n'; .s.• ::`;r r_::�� %;i7�K't�:T.; v: M.: - ,=+rt �t?E. _ — ) — 'Yk;- _,/r7'-`'• y?p/ =:.9:e::'_,n3 . ..l='-"1-, ?` , ;:,�.xv: �Y .�q, ,K:^ iY"2'"ii aj:. n�. �tF«' r'i'-?. ::. ..a'.`', tc `u#'3.,t:>'->},:`,ea''- _-r^i,p •? - •-> `. ,rr�'3'.';iNfhM1iYr? .ry' -iJ+. "yvj' .,.,.. �S.', .1'•:+ - td'�i'+:37{.K'.„F',,.�...,...:^:ii'i-i5i-'>"},.-..•nvy, n,F2?� - ..i _ - - .$� �4'.�'���,y5.1r:s;:�:,:..!3i'ru"s'Fit�r�it`�a'S,t_<=o2.v:>,� �',>x.x^7:'�•.s�t�1,£::`4a?r�'�w}§.-_'.,;,,3 �3�i���� - - -- -, Mr• Pluttmart 'Jos, would you speak to the issue which I think li% 66hternttd - " about abd that's the ibt>tu6 that the transitional use in the residentiaA &t'ati -" btito►s a one step up In tbtiing3 OK? =; .. Mayor tuaretts job, as to f'Att, for example, you are allowed to calculate ab" of that additional area for rAA purposes, art you not? Mr. Plummer: what t am saying is..: no. Mayor Suarez: You are not? Mr, Plummert 'What I am saying is, that if you have a single family lot in the a•.; back of # co�erbial, the transition would allow that to be duplex, correct? Mr. MdManuss Yes. _ 'Mr. Plummert OK, that's the area I think that is in question, we saw the one, -' behind the Miracle Center, in which the transitional were trying. to be proposed for offices. kr.'McManus t That's correct. Mr. Plummert Stating that the transitional use was there and they could do Yt anyhow and l'think that that shouldn't be automatic. That's what brought'that My area of concern -about the parking is if in fact this Commission' were to approve it, that's a different story, but I don't think it•should 'be. `automatic"in every case here, but I'm concerned about the automatic upgrade' 'Of. oae`step of zoning. ... mi..McManus* t Side transitional is granted by Class C permit.`, the rear,:, pa'rking'is'a Special Exception granted by this Commission. t Mr. , Plummer: I understand that. The problem with the side .transitionnal`- is-, thi`d'omino effect. It has of the encroachment of continue, continue,.continue. tt i. s T at's the saiae thin 'with the rear transitional: Mayor Suarez h g ; Mr:'. Plumdaers Not as much. #., Mayor Suarez-: I- would think, well it :depends, because it could 'be a: main Mr Piut>otaere We`' -`have. a lot, of areas on' main thorou "hfar±et3 era xed�; zonin Magor:Suarers "Oh,''I thought that he had indicated before 'we'd had a lot more~ f objection- from residential owners. to the rear transition, but did .you'.'state:;`' . s• t=:f`.K-;; >= aind "ia`":that correct', -what the.'Commiss`ioner stated=: ttiat�`,one of `they :Pefitted'`:'.:` # > uses in'' a single = family, residential, when 'that's Behind" and° adj'aceat `ta .yin, h axistiirig-'',"cottnptircial industrial zoining `"districts- -is.' a duplex,., as_,op single family? z .S- ,_ .''.`;: ', r;: ;.. "a. :":-` .: � ... ;;- .: "• - -,, ,Vag � , Mr McManus. You Can, on side,transition... it Mi. Plummer: No, excuse me, it goes up one level. If it'is R 1, .it goes tta R-2. If it "is R-2�, the ' f list hundred' -feet could' be-, R-9 Mayor Suarez:, which aatu`ra logical classification$; rwe' don't`'aysn�:�av+e ortunate�y,"biiti-1.'got .the. glat of .what he ins eayipgy is that ?!r: McManus: Ba'sicaliy, `yes: YeB, on side transition:'`''K`=-' �!. r>l a .3 o no n. a• or`?�. - Y... , (� .� �/a o��+} yiii�eas: ��id rain t a t°�'roa'rra s ti n •3:.' -.r=� � �. I�r, r:' n'. 'r- ',tF Sa: t �,. } Y +h- - :'a Qf'• .4 - l h r t3 -� ciel�:��i�er<- 4� - rt� _ f n� t _C .,t ,;a.`,:, '-,>w ' %-:- - _-.kf•?- 3'u.t"S ,,. y�:`. r` It n _; ,.. . .,. t1x'� ,l'1 sr. Ots. t��`cha�n• `of � Zo>airi"9,r`tlis' ua► s�bn a�trf - % sr'1r ' (• n ji' (, ^ 3+ Y � 13�ap r . ka �thA. �►' «oil .l :�• p J. �w R. n i+o 1 N s _1 3 x ¢, r r 5l- r ,t • ti � f s 1#r. Pit�reeer� #'tn speaking transition. The rear at the Miracle CObtar, ail ilght$ -At the Miracle Center, the lots to the North, on the coral date area they are single family. Under the transitional use, a duplex could be built „ hemanuAt Till. Mrs Bivirnert That's correctl - Mr. McMinuss By a Class C permit. < =; Mr. Dswkins: What's the difference between 22B and 22C? i Mr. plummert Yes, but you can do it. - sx. Mr. bawkins s What's the difference between..: Mi kliuvi in What? -411*1 INAUDISLg BACKGROUND COMMENTS NOT ENTERED INTO THE MLtC RECORD. r .. Mayor Suarez: Yes, but I wanted to make sure that a duplex does. There may be' some -things that the neighbors would accept, but not parking or what6n►er. f`a Co:mnist' !oner` Dawkins', I'm sorry: " 14'.,Mr. Dawkins- That's OK.` What's the difference between 22B and 22C? Explain that to me one thing. No, over by your graph up there. Mayor Suarez: Yes, illustrate on the graph what 22A permits and what 22B:' '. iould permit. HcManus: 22A eliminates the transitional limitations in' com:eercial tr.'. f; industrial areas. Mr.. Dawkins : Which means that they could move,back.into the residential"' areas "�+< It you want' to. Is that what` you are .telling me Mr. McManus: No: Hr:'rDar:�fino: What' are you, saying? ?lr ' McManus'x Because' 7this: - is .the line- between`' the cotcmercial `dishrice'r; id% ;':•.:._.:= :. , esi�ie'ritis7�:� � } gr. NiWki s* Rfglzt;r.."so. F �,r> f Hr. HcManus: i' it eliminates:"' the transitional . limitations ' in '• the:, commercial •, fl,} district. .It eliminates side transitions in .the residential 'district". t i..': e1'imiritas: tear'transition iit"th'e resideatial''district, �Mr. Dis0insi » ;And` retails what;' 22B? ' A 4; Mr°`HcMgnvs': Well, 22B then,- it "eliminates.'.. >- ==fTk Mr, Dawkins: Explain theto me between 229' and 22C: `•'• Mayor,. uarezc . We got'..: the 22A is the, not . the one we, are caaoentratin$ +pst.'i 1 4rt ✓c. l. -,Keinriedq::Forget'. A nop, Mtrr;;Mcklaa�is:- ',OK; 2B_ eliminates the ,rear:•transit .ioaa. aA� _ he,.side,..'t:'Fan°ash y A. Y_..ti a1� e' - e :e de `t a :ar® ramsit�oii -:u e`�, iri�r''•�h is si a i 1 �. -, M jF, ,O =: yv*o G` za:•;i i l.; an O eral. i, 1A t i . r, .t �'. alb A. P»r.�, f- f .f _ , .X Y•. t � Y n§' 'r s >, ;. :_Mart;=, r►W%.��+�.. •� a�.2��'' PYs� h_ aioma.rc al•cap -to v. a�-�•+�.�??��,��'���`' -S:- -.;zU. ,,y.• _ - - s , „ L4.. •:i ^WE — Rr M :•P 4 =2 Ss 4 g„ L `v •h. ,aw Y Mr :Dei�kiria:.���rWith''artinsitpns�':'�u ,{ �F � Y �• -�t,°' Mr. �lot+lst�usl tio. Mr. ylrrners It eliminates it. Mt. McManus: it 411.6thtt6d it. 4.; -,� Mt: -Datkitat tot Joe explain it to me, I'in trying to understand it. (Kj will you, explain it so I can understand it? They already understand it, l don't, DK x Mr. McManus: 22B retains the limitations in the commercial -industrial area "t A and eliminates transitional uses in residential areas, both sid:a and rear. .rr. (:. Mr. Dawkins: All right, and 22C does what? Mr:•- McManust 22C again retains the transitional limitations in the >*r i —; commercial... l .; Mr:" Dawkins: When you say retains, that means this allows them to* go into the... }� Mr.:McManus: No, not what I am saying, Commissioner, is the zoning ordinance 1,.. currently. has limitations in the commercial area. All this does In says we i are going' to keep on retaining them and then 22C eliminates the rest 'transition In the -residential -area. Mrs. Kennedy: And retains the side. k Mr. McManus: And retains side transitional. r Mr.Dawkins: I move 22C so we get out of here. Mrs. Kennedy: Well, I think. +. Mayor Suarez:. So moved,.do do we have a second ` on. }a .f• t} 1 4> } Mr.' De Yurre: Second. q: Mayor -Suarez:: :Seconded. t"+ . ,Kennedy: Under discussion. I thinkthat the consensus �is the B, .ti:here a t�' 'im a rear and the side. • ' - you 'ei inat the Mr Feraandetz: He said 22C. �1 3tlr Dawkins: Move B so we can get out' of, here ; I'11.,. t t Mayor Suarez: He withdrew 22C"and now he is moving B. = r) Mr.;Dawkins:, .-Move" Wand - 111, withdraw .my C. .. 1 yam'• - iia oz Suarez: I ca21 them as , I `see -them ' I _ ou know ' Y... 5:. Mrs. Kennedy:. If there, is no more discussion, I will move B. A Tf a?: Mr D�►wkina: All right,: I111; second -�CHFrPi'�1S ide ti ggm a e e o k of d Vic`: =pa ._ 4d A � r: N fir. i�B 1 s, i u re$� eAtI'a� r. = •:4 t :: Spa=.h.•' .i=�' r s: o if4` � s: o ri �. g. •ti `4 =fly } ' ra • . irn' - . r i• 'A. - YT 53 1. M' z `is as 7 •.I a max•-. air cf" .€ 'i'~ � r'• ii: �Y i �.�tr67 � • ,:Y'' i z..s: '� .`'3"'" '-: n .y. ,1 ;.:.•:.: :;;: :. - :'� .:,,: 3�',. .w a.�'' �5=:1'K.: `:k•r.:.;:t, .cea.. .•r sF.-.r:3�?? Ar+a' -:r f.....r.:K>.,:.-.,t,' ': LY:: ,. ;'•�rF, - _ _ rY . - i'1.:;'!_.:,::. •'.. - _ - '': �+! , 4:a:�„t�°=�; ^r a��n s'.Y .:. � .'�.- ! !�' e.A . �p"; $fie..°-'�.. _##�,. • A=. .=�._:',: r; >�'' - +_t `: ~',i �.r,''.+:. : � r ' t_.�.: 8a ::, ^�' ,.�•:-�>j:'n'�';:x': r:.J� 4X's' i.. :t_. "3" - - SC' 1 '33 <'^i. `,-i:':'s".•`vex .7= ^f- - ii ^.fit :•^ .� fF• to I: .. .•., t _ i r- - - .. .. .. .....Y. ., _.. 'r�!f.:s-t•:':d. - .. -. -f.Y.. �sr.�.rrt. a. _ .Fn-e r.�� `M,, -•-..:_ : _ _. _'_ __.-_ �___. _. ---_. __ _.._ - :�l .r•'iT �'. i•�.e4 Ott ii4wr 3� J,,��it - - �A r v nzt.�,-,Uw�lX1i} T•`r ixF•b.""t 1r t�•'" 1g.. =' bayor iihre # MI bs on iooved with emphasis, and 11B has both 6666fsd6d. ' ,rise Mo, W*vr6 going to have to heir from objectors, Vm sure. Milk-.yirmoraers ih� you are going to hot r from them h6wt No, no, Mr. Mayor, ii alb fairhblas, IOIm in favor of 229, but I think everybody should have their day Is court, the roaltors should have their right to speak to the issue, , Mr. b wkinsa 19veryb6dy. Mayor Suarez, That** what I Just said, objectors. Mr. Plummer: Oh, OK, thank you sir. Mi. Dswkinss That what he said, we will her from everybody. Mayor Suarez, The ones that are proposing it, if they think they have •:.t momentum on your side, might want to avoid too many statements. Mr. Plummer, I thought you were getting ready to say, call the roll. Mr. !Mayor, based on your history, as your terminology was used, the next phrase out of your mouth would have been, call the roll. -� Mayor 9uarers lto, no, but you have to give the side that is prejudiced an opportunity to speak otherwise. ''. Mr.Dawkins: Well, very seldom do I defend the Mayor, but the Mayor did say, }} now we will hear from the opponents. He did say that. i Mayor Suarez,' OK' who do we have?... Phillip Thomas' Herb Simon. ' Mr. De Yurres Mr. Mayor... Mayor Suarez: Yes, Mr. Vice Mayor. Mr. De Yurres Before we get into that, I'd like to see, at least. have a clarification, ,or if :not, just incorporated .. into the motion' an tc5 existing applications prior to the ordinance going into effect. liayoi' q aSuarez: Gooduestion. The ordinance would go., into effect how -,many'.' =a ' days a#ter"second reading? "s " Fir De Yurre: 30 daps. �> Mr. "Joel "'Maxwell ' 30 days, air. <.. Ma or `Suarez, 30' d'a s after econd reading, 'which' would be ' rou' hl . 60 da s. - y.. .:. h. Y..: ; .. fro�a''today. Nhat happened to all those pending applications :iietweon'now'a>Yd 60 s3 roan/if. 22'.. "'day . f today ,.:Z, Mr:`' -Maxwells Th'e Zoning ,Code specifically provides" that"anq applicatonfoi• a lend,'use "char ethat h'ad its`re ulatiohs changed duriri :this eridenc" ca proceed` unless .you -specifically decree" that "that'a not the'.case. Mi`you'.woiuld'`_:',; ;;':;• "`;:_ A Milano to '.nay_'here that "'you "don't want pending, appli6ttions,": or. applis:atioaa N filed before" "the ordinance goes into effect'to.proceed.,;; Mi. De' Yurre1 But 'if' we want, in all fairness, . those that are going ,throng ' the process, now, I think. i W:tv►pli,: Y.ou don't have to do anything. ;'.:,L.':."..r• �• ....;:;: 9j; d =A:a •. -jig"i. ._ a r,3-: - ... i Mr.. ' "ve ,iisrret. so,.' :if' they file" an application,,priorto. no;: the.:ord AaR t- ,Nt t" yr x .r ."A s .FU, '.4r:••v.-_ ::%,� 2. Ni :3''t ,�'�A',i-W.�Y;i _.;. • u s4 1�. e'r"s: `b_ t•:� t t " b "`d ' i�"from xip � - uaom . if N�' h i 0 ' +�' --n ' = •! t� - _ y c, f r- (v n _ .. R r ii t°: -- A.n' t vj - a L c- ^a' - • =5c . Jk _ z�d � M1.r._ ,��t►4. � pp ul;,.pp"Rl p �?� A:''� a" ":�t';� N" p P a t aY.'P. . Iy . } f Tyy.. _ - 4"N t' YT' a ,Fa • t^y` - .Y - 4•i� f S , 3 ,{ 5' s ems. K, "Lf.K NA + ,i k- J Lf. 7 a y. NAME TF T ,;l l� :l y S jl J1 +rc 1 ^r- t ni •tF ,.rv'''',. ,. .,. - - .. .. _ r;'.' . ..,._ .. :n� %1'19 .-_. ,, .'d�:��_.,•,,. ..:.4:.,.., tu�"a L 4 ✓:7 AE ,r '"41 '$ f �Tk , J -fx`•,� :C»,. duKrs;iw•ai?s t Vie. be Turret My Pealing is I'm sure there are a lot Of p+aopie Out there that 60 S`. are doing plans based on ekiSting law and I think that you know, they got - delrt•to gat their act `togethrar and try to get in under the gun. Mr. Piuissers Put is that what we are trying to accomplish or *topping them fraa doing thatt Mr. De gurre: Wall I think that the problem is that I know that there are people out there that have done plans and a number of things based on that. "fit Nov, one* in 60 days we know the protection is there forever, or until there is a change In the future. I think that is more than ample time and you know) to be fair to everybody. Mr. Dawkins: Well, I think any that is in the hopper as of today, if this is passed, should stay in there. Mr. Plummer: Oh, I agree with that. t Mr. bawklnss Anybody else who tries to apply tomorrow, knows that we'have this and they shouldn't be applying. Mr. Plummer: Is that legal? Mr. Maxwells Yes, sir. (APPLAUSE) Mr. Plummer: He says that's legal. Mayor Suarez: OK, we have a pretty good sense of where the majority of Commission is going. Let's hear from the objectors, please. Mrs.';Keanedy: ,Mr. Mayor, before we start... Mayor Suarez: Yes, Madam Commissioner. .Mrs. ,Kennedy: Can I. see with a show of hands all those who are not in fiapor. of iiternitive B?71 Mr.,'Plurorceri Please, please, let's hear... Mrs.. Kennedy: :.It's,all:right, it is just for our own edification. Mayor Suarezi ,.,Let's hear. from, the objectors or opponents of ,22B, IV9 the': >' loot ion:on they floo=.. Mr.' Phillip Thomas: Mr. Mayor and Commissioners_, Phillip Thomas chaingat� of. the Governmental Affairs Committee of the Miami Board of Realtors::: ale ve had+;thI -topic under discussion "In, our' board of 'realtors f©r quiite :a;;:_ while and sie are well aware'of`the efforts that have been made to reach.some;�,.;;'' kind of: &';compromise,.. We. came down last Thursday and met with .same of:.;tha,`-" people,in the audience :and your"'staff and they` cane up with a comproraise;`tq� e,: of, plan that's not even shown here and I think it would be in order; _vhich-:"I,.; think, _ certainly we were willing to accept and certain ,of the members iu' ttie; audience seemed to be willing'to ,accept and I'm wonderingif we,.mould°wake;; t•' ;:•,;,''s; time .and allow .them to, allow .your staff to present this proposal. that!'a ti, t even Rhovn on the A, B or C., K : t "hear our home "address.: 'Mr. _ PlummOri ; For the . record, 2 difln y � .• - - - - _ a7.::`.> by 'r_ii.'� ,j•i ?v' r - a dress- 'is 233` "Al :riaio: Ageaaiue"=t'G:{ x' Mr.,;'Thomas%,, � m. �*or-ry;`'�nq- home' d l g ,. Gables What'.wsis `the coin ronii$o that `he:_waa roiiiia knout him :; . aau .: stand, o , tlai°i:::"` van t o' h ear: fr- !a'`. a t a'se Me ¢-:. (t. h 'C- _ J '.9=" _ - : ,3:"_r,.-."'•." .tip' �g 4 aka yy .fi * - n, n A t!a N. D ..q_. jLj ;r .ti d: E i . x i t: sl v q4^ �i1c: � �.i'' i q' €: e' `n. May•out ¢';its - --i-ti 00 e` �• 0.4 r��x+� :�" �.`��;i�l�at`�` •ai; ._. n� � . ..� �:�• -:•.�p�:va�:p���sre�i?1: ,�iN;; l�jls=:,�s�-a�t:;�p�r�'-<':srv�r sxamp�s; r'' - - - _ „.{�r: -�,'` }.t•ji''t •. •. v_ _ itt'i`f tµ]r'�"�t - .�Y,S :3 - ixrr'..--.,3-.- ;]...��f,:jli'.t t-'.�'''i ' - - �•j:�:a Mr. McManus Parking would have been permitted up to within 20 feet of a builditig`line on a.residahtial street on the residential lot. The... Mayor Suarest Up to 20 feet? Mr, MeManueat 20 feet backup: A structure such as:.. Mayor Suarez That, would mean in effect, 20 feet from the street in isoet easeb t '.right? Mr. McManus. Yes. 'Well, from the inside edge of the sidewalk. Mayor Suarezt Did you consider at all any compromise or any alternative that Mould eliminate parking lots, but would allow some of the other, features, of transitional uses? Mr: McManus: No air, because the reason for that is, I don't think there is any interest on the part of the commercial users from that side. Mayor:Suarez: Yes: Mr. McManus: I.think most of their interest lies in the uses for parking. Mayor Suarezt: Wall, the Commissioner was talking about duplex and some other' what you mightcall transitional uses from a large building to a single family residential neighborhood',but none of that was considered. What other... I was trying to get before of the issue of what other things were permitted. as a result of transitional'usee in that rear lot? I remember you'mentionbd.:.=: Mr. McManus: Well, we went through on side transition, you can put in a -small office: for, example, you go from single family zoning, go ,to duplex in the rear transition. Mayor, Suarez:.:-. .One. step., up is the ,way, J.L. •described it. Mr. McManus:..Basically. .R.,o_driguez; -With a: s .ecial- permit -It-was not automatic... You: have..to-� go: =y' ` ,.., througha. process that was appealable. Mayor Suarez: But that was permitted, that was permissible: `, .INAUDIBLE.BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. _ - - - -.,:rid. •; Mayor -'Suarez': , Yes; I :en ettin our' terminoloNo*;,.,.!4.. :.' g g 3' gy= �. Mr.,.McManus: And in the rear transition, you could .apply. for. park ing through: special ;exception -in that. transitional •area,' the. -residential lot:;'... Ma or.t Saarsz:. y i excluded' parking. I' gather parking is what, is creat3nR. most of, the, problem. Wasn't there also, wasn't that... guez: ThatsarV of the-, Rodri Ma r :;'Suarez: ;:: - what - the ; residents :yP qt icail , a osed? . PP Mr: :Rodriguez: I .think ! they < ,are• . oppo.sed to,=aahe;= ark h ands to � "r A R g. 'the yE #nfr,ingemeet ..into the`' residential are'of,', a noAiresieletntiia.laeTli baisiva it t e y. h feat' ttrat it mould bQ. ,Inonre�aident reOLdentiai. arena -that,:was rbasical q= end g 6 ilpo i 1 the.-3ssua Yoruarp�<r l• :t;i►ought'T:, sand::thesrai'3ras..s.no;',feat�sree yhiaving�oq,r►# fix�rases fpru.tl�o` front;=coapaexcal :lit?:. ;� 4Fr if'i• '�' S • - mil. u'11 . i+ ,� t , .y d y. i 'k4 M . x ”? s•� �,++ad 'e:z�• 'i:tr t ':+�.'>:. �.,. .�,� . �.q d ;t` y�p .Z`..,;',!• ',�. r he'::,¢ti,;�p tat,s. �- '' *a,:.oaf; . � �_'. , n —>� �,- - ° - ,.,�.: _ � . �'„ _ -�..�1Q �,�>; ::, Q�t... �Q •=:'�kiee s e:.e�nte�r.,-�� fit - !A ti _ Zy _v k x r i� y* 4 ;3� A. 3t Mayor Suarez: There vat a feature that had to do with FAR being larger because you could count the back lot somehow. Mr. Rodriguez: I believe in that case it was a zoning change, yes. Mayor Suarez: And you were telling us how this made a lot of sense because otherwise the front lots would not be developable - doesn't really ekiist$ - Pr obably as a word - to the extent that the commercial properties needed to make it viable... you don't remember any? Mr. Rodriguez: I'm sorry, I'm having a hard time hearing you here. ; Mr. McManust Mr. Mayor, what we did was take a look at the single fatr►i11► residential lots, which have a very low FAR and trying to take that FAR and apply it to the commercial lots in front. Sut I have to tell you very ' frankly, that that does not make a big difference because the FAR for single family it so minuscule. It is about point four, so you are going from the front lots would have 1.72 FAR, you are adding .4, you are going like to a 2.1. _ Mayor Suaraz: You added the FAR from the... we are able to add the FAR from the front lot to the back lot FAR and come up with a composite FAR? Mr. McManus: This'is part of this compromise. Mr. Rodriguez: In.the_proposal, in the compromise that we're talking about. Mr. McManus: The proposal. Mayor Suarez: No, I thinking of what we did. We never were able to use... this never affected FAR calculations at all? Mr. McManus: No. Mr. Rodriguez: What happened, I think that you might be thinking of is that ,there were several zoning cases .in that area in. which you granted a zonin "> except for a space of five feet and then there was no access to. the residential area. -=~' Mayor -Suarez; To try..to prevent•the,.domino effect.., z Mr..,.Rodriguez:. Right and.no access -to residential area. Ma or_.Suarezv. Did we:in fact have ..an y y success in. -preventing; the domi io,:eff$ct ,'.''`,` with that „-- or, .did... 1 { r} h . Mr -..-;Rodriguez,:_ _ There were several •, cases .that: came.:. afterwards..:th:at;,-.were '_ - a•; -,-,t approved: Mr. •McManus: Mr. Mayor, let me add "the, developer, may,•. have preseii d: proffered to. this Commission saying they ' intended to, limit the use= to the front lot. :. Mayor ;Suarez: Well I .think. what ha Y ►. pp�ned .is that we actually chan�ad,: zoning ..on a ,few . of .theta, then, they could include; the. nov commercial„ rear, lot.. in. their FAR.calculations, but somehow managed to'. build, in some ,,.oi.:,the transitional'restrictions,or otherwise,:and Mr.., Rodriguez: . That. a what. we-didmove the'buildin : back .. 6: and M u r z ry e :. ,.. came .out of: the ..trans - Y• _ r neitiodaZ,.us.a,,. vghax�t��` ac�uali �► t :�_,-�, tr�nsiti+pnal; .restrictioA I';think once wetook away, r`�r e>A �.•� r r 3 'Y 'k. .•�%!3'1•w:a ;4::,'ic+",#,?,. ;.,�,,;.:_' •cFxl T.rt;3 �,F,�. Radriguex;.. yle' :extsiid4d: .:the .Lr Asition r trix -at rfI e %Y"i',' _ia t :ou h� h „h 'r" ' at,.- .t%,l.. `�S«�..r?:. # u1i1A'• .:t Y•'+�;. ,y a y y 1t 't' y ;M� ,P s. ,th�►t as'.the.:.ior:� aQ�scdb�i'4n ttp �'•-�thp,, F®� a 'L' .zr:,,;�•F�.,�+ _ ,c,.ahe'� ,n:w,e•,•a.:._ . �xtand.- ! :.►t�� oA4 b ��ezt.' q3{h gOQt ooa q bn.: +z� sj iC {�f 5 Ya /�� i 140A, RPM, 1Ga'' b �I t.+ ,`4" .e: _. ems' ,F.rw .i'+ '•i:=-'i':'.r �A� .� �y. ..?-:' :g^,y. .'r• _ l�.'i"�•, •ti. ?r .;' ,a`;'-'+`:`:'fu. {,1`y;i ,i. s'' vt,.3?°: •i:.},s="''+~aat'.'+:ate :.�,'1 ,{ t t e 0": t t r} ' .4tir yf"r 1- L, Y. ,h .5a-•1". t Y "4 4 pp ,'t x r•4, s G. ' -R.Z' „N'��1"'iK-tom :iFo (•w.3�'n. Mr. Harbert bimoh: Thank you, I'm Herbert Simon, I'Po speaking tbr. , . kiyar Suarek H`ait, wait. v Mt, 36e Hiikiitsi Hxcu(ra me. May t ask if Mr, Simon is speaking a,s a sefabot721 elf the Planning Advisory Board, because if he isi.. Mayor Suarat.t we will clarify that, .tor. Mr. Simons I am a member of the Planning Advisory Board. I afn not speaking as'a membor of the Planning Advisory Board, I am speaking as'a resident of tha City of Miami and a property owner in the City 'of Miami. I reside at 111 Shore brive South, which is in the City of Miami, 33133, so taxpayer just liks everybody else. I don't know if any of us really understand except perhaps =' — the Planning Department of what these various alternatives are all abadt.-""To begin with it would be my opinion that transitional use as it nov"exists =is working, and by the way, if sheer numbers will win the vote of the Commission; of course i don't have a chance, because the other side has a lot of nu -abets - here,'but I assume... Mr. Dawkinat I resent that and you know better Mr. Simon and I'm not going to - l let you get away with that 1 ; Mr: Simon: Commissioner Dawkins... Mr. Dawkins- Mo wait now, wait, please, -OK? I'm not going to let you stand ,�;; there when you know that this Commission weighs the issues and vote according. Sheer numbers do not away us, now you know that. =. Mr: Simon: You didn't... yes, sir. You know me, but you didn't permit me to = finish. I said if, if you want to check the record. I said, if sheer numbers, is what I said. I wanted to finish... `- Mr. Dawkins: OK.' I'm sorry, I beg your pardon then. Mr. sir accepted.. I did want to i 'Simons � =Yes," , ' p finish and bay that .`if��right.._. sill 'prevail; then you won't it, go by: the sheer: numbers -and I•` :know : -. this,'-:'. Comdsiaston is' oin to o" b what is ri ht'and what,' is best for the`-Cit 'of'' B g B Y g y `— Miami.-'�Somebod accused' me of being- y g - on Planning ,: Advisory:: 'Board; °= that s :the' `same :way ' we have to rule. I sit in' the' seat °that `the Magor's'`'iii ° very often At 'n`ight.- He "'keeps- it warm 'for',me. Thee-alternatives•:'=are Aot= acceptable and I: don t °.think -they will=work "veli`=for'.=the'City.. You.:kinor''" ^, it 3su't --we' � and they. -I had. -:requested that the'?. Planning -Department``hoTd; joint't-meeting :between the''various- property owner groups;' the h,66664rier<=groups ;',: ; •:; ':'; ;' ` � rather ''and the'.iealtors land"any',other' interested"parties and that was: a":::, meeting was held last week, I think it was last Thursday night. Very : few_ � members 'of the' homeowaers=showed up,'. very few members of either'.gtoup. showed - z :. -,:=•_-.'��;:'�,:.u.}. •- upThere were a few of each. It was 'm intent' not to t to' ut- as thin y p9 :. , over ''but in hopes -of es - of reach o- ,' p ch a 'compromise =and that was a 'letter .that � sent;; to.`. _1•..,; the Planning Department, as I think Mr. Rodriguez can attest to, that vi�'try to get together to compromise. The showed.*-. to -the":few;;that attended''there in more detail than you've' seen 'tonight', - the` other" altei "t ve -, .::,"_, Joe'McManus has explained a little of it `to you,' but• it's hard 'for ''us tq-"sap;,.'.' you know' in the business 'I'm Ili I should `know About' it for all of this to sink in, Vhat` " they "bade proposed a�sd � I � cant go' .ovey'�'j it' �ri�al > x:;;;; ;'yry.,-;i=4a::.• briefly,: would.-..;'and=I`-think the Mayor covered :it. a +soisidr have' 'to' back h be'. a stinimum, of � 20 feet- - ,;,:-1 ;:=;e�' from'-�tbe��res3d`ential�'p>ropi�sty;:-�,.:��� �.'Yi'.F�;: -There" 'r ng ss :or'egreas -frorm the `resientiai'ai:-rett`it�t — be :from the "so you -don't rOsWhti`al': street: l'lr: Olinediilo I don't u s ..: ;�:> :. � w; .•,,:t;;;, r a. 8 -.i'o .here;: `becsuai�a .-#se.'.$s,...,.#.a.:�>� :OAer'th/R wi lain teat; detail°`the `other:°ri'glt' mutt) bat*er type`.�of; -construction.Im:;tead pf uttia ii sake. which: aver 'bod 't A k_ at Corey 1a . a, iw,' alk ng nbou , o "r�;• ^rya .Itr; �US,t:.s �, 'r,.x:t�.•th. =�y'i:: �: .{.• fl'�',',�:, r t `.0 °:Too the : `rQ `ert` 1°ilia ae_ we r $`: .. R Y: al.l' knout bak� h ''w P?`� ``�' -Y .,i.`y...,:, "'r.,'. ;�• 4 ,'S*, �: �' >•. a..iisld .pei�iat. :r°better:`daa`-n with..tlie rad+sat t • : (, r.. -i' �sirTa Q >D ak - ty° P pg. a -.� m..I; thick he`:'shoasd u,M1Q..- - } ,•e' x `yA A�(�.t1e„'.�e�'�eieYa-.��-:1,��e�•�►��;�s>.:: tx'ld'ia' be.Leer, ;#or:.the:roisidonta.' tn` `y6th3 ;h, - - - _ :,. �'- �..1:.: i �°, b"a �f ilwS;C�"J� n'l. � e�: _eiddi:ti' mgl bra! rsteehtsi'. .istrset eA'te K r �? . x err . /�.�FS` =�'" v ,.t: .�„�, •-.4"' S.. #•NY--, :fit.' '$:.. ;,,"....i5 :P, y:�t .����Q._ #�► the e`°}�a�':,e� lot-�i�'•caniaioercia x//'��.. :t �. ] dsa.l"..pad'r'iF ' •�', a nn z�inDD �rob11rrsip`-':`�iiat�.w. {k. ave /� �1 j /.�• rA .� - i _..O ?:�',,�, ���.!!�� :'�Yd�y�;=` '�!i�:�r �`�L•Q _Cr,�'; ::, YUR"�i4 1�:M �� nF L a` X .2 is - •F _ "i i ru t , 'a I. .y •J1'' A :4 y�3n vj- y r 7 t Mi a '41•• .S^,w-.t'r'n4 w!i��;,: {, ,..1�: ..1 -t'1•� H eln �i a. �u } with and mtnage, we have a parking problem without exception and I show others have the samie thing. It was, we thought at the time, and I was around then, that parking on the Street was sufficient, on -street parking. We didn't provide for it, so now we have to make some provision for it, or it is going to be worse for the residential property owners as well as for the commercial property owner*. This other alternative, what I would like to request that you do it to defer any action on this until Ordinance 0500 is revised and incorporated in the revision, which I understand is being worked on now, and I would certainly like to see the plan that was proposed as the, let's call it alternative D. it wasn't A, B or C. sounded like a very viable plan and once again, I'll wind up, I know it is getting late, but I think we have to consider all sides. It isn't "we" and "they." I mean the business people and the property owners have to work together. I know there is a cause now and... by the way, are some, I was shown a petition, there are several petitions here tonight, I an not involved in any of them. One of them, of course, is signed by a great number of people, of residents that say no more transitional use. There is another one that is signed by a good number of the residents that back up to Miracle Center that want transitional use, so I think you really have to consider everybody. I didn't mean a slur at the Commission, Commissioner Dawkins, I said you didn't quite let me finish, but I hope you will consider all sides and please consider that other alter... it doesn't have to be A, B or C. Please consider the other alternatives. Mayor Suarez: Herb, let me ask you a question. Do you own anywhere in the City, and if so, would you tell us where a commercial property, abutting, presumably, let's say on Coral Way or a main thoroughfare, and which hays, as in the sketch, the residential right behind it, the potential transitional use? Mr. Simon: The potential transitional use? Yes, I have some property on Coral Way. Mayor Suarez: OK, do you own the rear lot? Do you own the residential lot? Mr. Simon: No, sir, I do not. No sir, I hope to some day. Mayor Suarez: OK, the reason I asked that, is I guess evident. I mean, if - the Commission as a matter of policy says we should not be allowing -these kind 6f°things,' you know, under 22B, let's say, then you Mould not go and acquire that residential lot behind your property. You've not been damaged in terms of your oven property values, if you want to look at it that way as to that rear Totr' You can say 'you were damaged because you previously had y' expectations when you bought the commercial lot that you'd be able to do certain things, but you still had to acquire the rear lot, which is now zoned. residential, so I was curious to know if you had that situation already purchased, and apparently you personally don't have it. Mr: Simon: Personally I do not. As I said, I would hope to because we are i i f the ro erties I have on Coral Way but I do suffering in park ng n some o p p not -own any properties in the rear, no sir. Mayor Suarez: I think that we talked about possibly divestiture of land !values, you know, if we go to what is in effect a down zoning and -`yet really what we have is a situation that we are building up the expectation of, I don't want to say speculators, not in the bad sense, but you know, people who are dealing in land and who otherwise might go build in the places which are toned 'properly, which do have plenty of space for parking and don't create_ problems' for the' residential` areas and I frankly, ` when- we last' ° malt bad --'not really'aeen through this in this particular way. I don't, you'knovro :. Mr. Simon: What's going to happen, Mr. Mayor, with the people, we _keep < talking about Miracle` Centel -, ' Where the people that own" the homes', backing Sup i to Miracle Center, they... Mayor�Suarez:: Well, that's going to be a sort of unique problem- goingthat we are 4 'to halve to 'deal with, but obviously we've allowed thstto ;tale plaaa ; `rt : already under the existing zoning and transitional usage snd,,'we are just;goit}g � g to have to deal with it the best_ we can. Simons Well' I shouldn't Have Virked on one are, but I mean that'a"trh felt'"that `some sort of, let's call it... k � -U rya> 5 $ t ! c -�i';..4}4m,. ?.a: 3 ey r t7W .-,.., . . �r:.' � ... . a � t _�. } • - - __— - - - - - h- . v Mayor. Suareze That is preeisely� by the way, what has us worried up herib� because we had a prior item dealing with traffic on Coral Way and you know, the issue Of parking lots behind the cotomercial lots is not going to solve the the problem is for us to.be Absolutely sure problem. What is going to solve that we are not building up commercially Coral Way beyond the point that it can take it and beyond the point of which the traffic is not going to start affecting the lives of the people who live right abutting it and... Mr. Simon: Well couldn't you concede that it would have been better if Miracle Center were built, you know, better designed, considering the light _ Plane... Mayor Suarez: I sari think of a lot of ways, as you've heard me state in the newspapers about how to do that project( Mr. Simon: I know, but we keep picking on that one place, but... Mrs.. Kennedy: Herb, by law, we can build on the lot west of the Miracle Center, 625,000 square feet. On the other side we can build $50,000, by right,_by lawl Mr. Simon: But this isn't going to change that. Mrs. Kennedy: I know. Mr.' Simon: But that's what I mean, we keep picking on Miracle Center, but what we have to consider is future development, which of course, I know is k; what you are interested in. Mayor Suarez: And you know, it not unfair picking on Miracle Center, it is there, it is large, it is probably larger than all of us thought it would be, it, kind of, comes out at you as you are driving 'down Coral Way. It does create, during construction and afterwards, traffic problems on Coral Way. We have to -deal, with those and we finally cams up with a pattern that we think nould;.b_e satisfactory. But .you know, it's been a surprise, to at' least,,me,,;I . don,',t, . know about the rest of the, Commission, I , think, all. .of us,, the.. implication..• Mr,,Plummer: Yes, but on the Miracle Center, what. we are surprised- and" astonished-at.now is•only',half of what they are going to be doing. ' me oi,Suarez: Not, to. mention the _surprise vhen:they build all of that. Simon::, Aut your changes, here aren't going'to stop that. Mayor. Suarez: No, that's right. Mr, Simon: And that's one thing _less.. Mayor,'Suarez:...But it's alerted.us.to a..potential problem.; Mr.;Piummer:. Numbers,.but let me,tell you Herb,,in my estimation when, it's. going to stop, OK? I don't know what that street is that's right''behind poidantified-Speaker: 21st Street., Mr._ : Today, Plumm r: ,.one of those eo le can come- in- for an-; a licgtlon'`, e Y, an Y, P P for :a: duplex, that-'s: be - transitional use, correct? Und r-•'} e 8pecial'Rxaeptiom; ':zc'•. they, can get a duplex. r• t, .„ y k or _.x r, !!, Jodri .uea: :Onlythe, cornerlots-gan,.$s f r- aduPl.oe r ,f dies. r4 •Zai „ - -_ :; r1 , -.. _ b,T tY a L�v� J 7 ,n� t,'�'"r''g�y,�". tie' r:.S�iareS t:' b All : .i ht cad .what pbout the center' ;dots? Mxr• Rodriguez: they, could add, (here will be transitional Ilea?,foz °.psr in 4 ar• . ..ti3Once- . , th ." � sr. iq$;pa Qn e_ You, -do - : ar, ;cif. a isi le �imil ices+deutiai''area.' Wlis=,that:;::eta .,: ',....f.,..:,, . ,.. _ �'•,;,{? �;,� �. [°r AP�I.AVS$) when t1►at - a s; • it, won t . p - at � .. a- :.� tree gip: �►��{♦i,,.�.�i � t '.t u' k e' .on a Q fJw' h � hit h a '.at t ��► �� >�. Y, n' t Qo{jAp •to:'at it` thet` a:tha d �, 'rt��. .�.�''�. +�..P:' .�F.= ►•• fr .t r ni r z r - 1 1 • Y- .1 W 7: 3x i F' 1 L I S. .r » r' 44 Zi —'' •°'t. `l'", -I let T l �•r', •,.1,:ii.i .tom}. yf,�,`,_t - ''t. ,i ': _r'y'E£s'gi,.'? Y^• • t } e«7• ='Fri i;, •g qrf(e(r '-': kt, .. _'. ` Mtn: gi brit Mr. PtUM6f that is not quite correct wfid�eg the not: A, 8 ting ; But. the propo�ted plan they would have to sit and Mr. Aodriguea, correct 0e i yim wrong, under the proposed plan that war; up there, it's no longer on the ' tbarrd, ' "W64ldn't they haft to set a minimum of 50 feet back from the faoidential street? Abdfiguets You mean the one that was not under consideration todayi night? rTx Mr. Plummer: The compromise. Mr. Rodriguezt The compromise, yes. Mr. 'Simon, 50 feet back, with a wall 20 feet backi landscaped in front of the f=4 wall, they've got all that down there, and that's why I'm asking... Mr. Plummert But Herb, that changes the character from a single family residence.. ~1` Mr. ftmon't No, - it doesn't. Mr. Pl'ummert Sure'it does. A wall at 20 feet and a wall at 50 feet is not a single family residence.' _ . (APPLAUSE) — Mrs"`'Simoni All right, I'm going to say no more, except I hope that you really.. will consider carefully, don't pass it in haste, and I hope that the new plan 4il1'be considered. I still think all of it should be deferred''until 9S00 ha's been"dra4n over, and revised. — Mayor Suarez: OK,"anyone also on the opponents? -.'Please go ahead.. Ms ` Laura Tindall -Howell s OK, - Laura Tindall -Howell, 2481 Trapp ' Avenue'., "1 am...' j►st=he'ra`.'as "i 'property ownar, "'I 'am not.' affected' by -'any iremember .back in 1987, I think,_ when we .went through this before -.'and ata recall" ` th'i� Commis'sion' deferred until Ordinance .9500,s 'reviewed: and:: amended', r.. ; to. _.tr :.'and -'incorporate some sort _ of. a compromise trans itional.`:'use_,'`_in; the:,:! ordiaan6e�and''T' now that' Planning'"has' been woirking`on"thit and'I',vet�beenFc+n a L -- ttae =that s been 'working. : ootieiai ' '- - ,r - r Y - `affe t ea b it: of were K, to `that':. you .Ma orJ$uarez. `You�sta d" q Y� ave'° no: ' x, '�tsll: Well` - Ms:r.TfndaTl,Ho , _ - Otl erb ^also rand `Philli �ved. t' hear 'but do r...>. Mayor`'Susrez" Right;' and 'H ; p .; Y. knnw''anybodq who has actually at this particular time, :owns the commercial' and ; >;, ,''=af;r= the'. reside' behind it that, would be -affected? We don't:.. this \all to=be a' year+ h othetical' thin that if e�.'miintain it " ie':ds to 'tile' goteiit all for`'t6e ='purchas`ing'; of . those . lots :' is he back `so that' .we change . `their charsct+er '=;_'; ;:, •';;, '' of .tile ue`ighbo'rhoods, but -nobody" seems to ' be'` 'actual be 'in ..a poaiton oarting"�•that, at' this' point: ' Everybody. is -speculating! r' Mr. 'Plummer: Wall,it's a buy'`out. z ' �1®. 'Tindall=Howeili' I 'know of people who own; 'say. side `trait"sit3onal _ yrA- r RN Side raasitional? '°No.. I was- thf tklm of `rear'=:; ransAI6fia3;..,- ,;,'f,.:.;:. Mayor Suarers '- a 8' The{-ieida':tidnsi-tioaal"s don't:':: x 4i fit.. t - •it - r -v- - ^ - «s;.:. ;1"`u,,, .F Y J Y : dw, Y ^G4i"H e- : Laura, `oe • i u'. �� 'e� .o h r }Gs d L x jai lttsigiaea= L s s .eak' .to 'th t +ei �. - V. D ..r �.. 0' We` aye beaa'v�aiti�i for o er; a :';a+ f =%tii�ti,-�' �:the :950 8� .�__ �':t �':. `y S o m�• e si b- n . nice .; :,:You''-ka �'a cr1� 50 :� - • cf'i: eaarei� `..<`'Wt►1`l' �'I�:" .tra a.i � th¢ QX;_'-�h. :1. �'d µ � '✓g `a: - rl - :a.G::=r -i('. C;.-""ram:'e,+, r,✓nt:or,--C'L ra.'•3,,. :z X T '• r• •r s .i= ,•t•'e 1'oxe>': :Ise :t3iis''`'not �h Pl'�in>zi`i'," r aie'AC, COMM yr. G 4 - _ Rt <u �, h�' f� T 4 - r Y.- xfio,s ` ` , .txn u ^l f� t i iiia� . ¢., � on": u , : _ _ ,.a•„ : 1 a xrMw z K=. :' S5 =tfit ' 1' J 1tIAm �lJ S }• 7 (, 4• . .s t. r S t u. tr.£ t: ,. , ' :. .l: "<.�"+: -:4 ti ;'i _ of /,3•."•_:-. Y:. '•,`,4v-?,_ �,:: .t, ..t; - or r .r: L �.(.M F t•} f1: ' - - S .y: L°a ii t l - !:•l :,Y't`f:,,. tea' q: �. _.. '.'iv`,•P':"---..... .... ... .... ...�,-..,......::�: {i...,16'::r 4�.ci•v(�•.byxL,t .skxi;3;,r: - � `•x': "} � - d - P - a ��r r,�:c-' t#ScA"�;'� t . Mr. Rodriguez, At the 9500 we are looking at changing the whole concept TF `' ct5�ribl �tttili and this... ': Nt. 1'lueers i sure hope so. f#r.adrigust�t Mo, iae cannot coliapare apples and oranges, they are completely ... different. _{ Mr. Pluears In other words, you feel... :r Mr. ltodriguaiw At this point, we believe this is the best we can offer you. Mr. Pimort All right, I can't get a straight answer out of you. Le Pitat's see` ?r if I tan get a straight question out Of you. You are recommending this, ' ft your opinion today, thinking that this is the best thing for the City of Miami? Mr. Rodrigues: Yes, sir. Mr. Plunmers Thank you. Mr. Dawkins Mr. City Attorney. br..Maxwells Us, sir. Mr. Dawkins: When I asked you, I'll ask you again, if this is enacted today, legally, when is the cutoff date for applications? Mr. Maxwells I-hadan opportunity to look at that section that specifically affects what you are asking about and it is directed to effective date, not adoption date, therefore I Mould have to rescind from the position I_ took. before and tell you that your decree would have to be as to whether or.not: applications still in the hopper on the date that the ordinance, nev-ordinance takes effect, should proceed or not, but,, you couldn't .do anything to stop: applications for being'filed-prior to the'effect ive:'date of the ordinance.. Mayor'Suarezi `'Laura, do you want to finish;your statement? <„ Ms.. Tindall—Noveii s . I had a lot to say,, but ' Her said it for", me-, so. h think• ,: `1;. r = that .Planning. I, Opartment•a recommendation last- time was to. eliminate transitional use -and I thought" it was the Commission a, position at that;'.time - �raifor ft and'. ;knowatto hold. -wait 9500 I know you've been- t that .ia the ., coaamittee; ttha"has„ been- wo g t rkin on. revia 9500 hat::, we!ve' ..:.h, . talked. about-dome''sort. of, transitional use as a proposed here in alternative four which Is:,not reali on the' agenda, so I guess wviiat I ate , just asking y possibly we Cp ild defer this and bring back alternative four in� more detail"},°. ,"'ti and look at it, or Suarez:' Will, two :things in -what you stated: On is, the � attem3pti -"or 'the '- rt> time for. compromising has been tried. I mean, we've given' it 'and it':=hasn't >,'_`. `x irorked out. ` on the' other issue you were Lmentioning, 9500,- --we = have,:_:.baen vaitIng. for that ordinance to be amended since I was elected .and I thougi►t`';I;: heard 'today. from `the Planning Director that .we are now pretty' +close ;v promised land,, but `it really'deals more with 'sitplifying all of thiffi'an, T' ;Was, hoping that in the process of simplifying our Zoning Code that a_clear;-a Imp, ..' answer to this would come out that might be you know, acceptable..;.but;''.l: am beginning,, to, think that this is .the clear.answer that ,is acceptable pao le that I -think we have to listen .to their'. views s6mebody who" 11 directly. affected by- it at-.thispoint and .¢ertafpl=t►Qbod : ' r has mane. a presentation. .today. vho ',owns both of .�those'':`loxs; so- I>Ak :'`rst;,i;==�`- this►kiag that ri►e are flailing vith 'pote�►tials; whicti'3s'to siay� sgecWl'at4ra i ,gr 4 M1 s _ ,•7t Rasa � sJy .. 3 on-t organ- hat iu" a bad ii#iy; =I .think speculating is Ellin a;:.• �# >ds Tindall —Nowell: _ I know of peaple;vho.sio have aide tran$bioas, l►da a' the paosss.'oE maging applleation .to use those.. !!a or ASuat'e :_ d '- thi tiffs a W } y % x . n tc y area; goiu bo. tie . warred 4ag+► +s°..P1 90`icbol vlli °'be` II�t1'e . 0 +�mplet'e `t �"s�+ARVOa;� he � hAY 'ro =w 4 � ace `'big t hmv+s w+eaa hto.ghst .baga._beesn:g mvs ;tt;q ",fir a you:.¢ ipg to .speak - in twvat ok 4,hi, no rt < ��#':^'•,x}. �.¢° 2."fi}•: 'a,"'a:'. d�2 ? ^+.a ..=F :r raa '8: i7?s;j?� $ '_ saksrl' I1 a et►k ',..:.;:v ..: • . 1" $ �►' . f 4 ,' E Q ":4i p_ ieni;; ,„.:i:'._ '�' c,. ••7-:}y.. ry::�r;•rr ,�"C ""..t'�,.:{'.:^;rq x.. Zjs :a r: 3 a s m s .y 15., YA.Sm. _ � • r ., ... ilf'-'. . .. r ..-..t fs... .t ., s . . -. -. .... .. _ , ..-'�'R�::r.£'•'h�'i,.:.y'Vi'.`..u'.`.l'::...tr: i!t=:,1T �('F-: fC V3ssw��� �� ..� t ,e, � �r�•;, ' �-•.rue .7 � x_ 3 F � � �"ty � C 4} k Mayor Suat•ez: dell, that's the ane before us and we have a rule here that � jaiiebt` b e yuu to it,' but it'li'sort of an informal rule about momet�tulho :are► ; knov: You know about that rule. Anyone further on this item on the 0006sl4:. ,If got, "fei' the" hrdittahoe represented by the motion. s> ORDINANCE INTO THE PUBLIC ot,Tt EitEtt wo 'THE CITY ATTORNEY READ TEtE =: WORD, BT TITLE wai . w :._. Mr. Plvuitteer: For the record, thrt is 228. "'` "° ....... . 4<.a Mrs: °It6finedy: Flight. ' r Ma. iireis Yes, sir. r[r. Flutdeer: Excuse me. t£� - Mrs. Xannedys That was my motion. Mr, Plumomars Mr. CityAttorneq. y :t hfr. Miuco►ell ' Too sir, 22B. is flr-Plutacare That which you read is 22B? Mr. MaXNelli Correct: i= - " Mr. Pluiarner: Thank' you. i Mayor Suarez: 'Call' the roll. - AN ORDINANCE ENTITLED- - ANCE..9900 . ' AN ORDINANCE '' AMENDING" � ZONING ORDIN AMENDED, THE 'ZONING ORDINANCE OF THE 'CITYOF.MIAMI; FLORIDA, BY "'ELIMINATING` TRANSITIONAL USES IN_-. RESIDENTIAL,-9 ' I: 2 ,• DISTRICTS, AND`: AND' SP=l4are V`AMENDING SECTIONS 1591,.1595,.1596,'15145.1, 2018:2c11 1,� AND',2018.2.2, AS REQUIRED, -TO EFFECTUATE' SAID CHANGES,: - 'AMENDING ''+ THE SCHEDULE:DISTRICT REGULATIONS, PAGES:.1 ..AND '2,. BY DELETING COLUMNS ENTITLED .° "TRANSITIONAL. USES, ' STRUCTURES `"' °AND x N , •"DISTRICTS "CONTAINING 'A IREMSNTS FOR''RESIDENTIAL ; G '� V D IN 0 I SAND: PR RABILiTY` C - vlsioN sEVE _ ' ` _ °'ItEPf3AL$R` PR0 , `EFFECTIVE DATE. - p t� `Was introduced by Commissioner ,' Kennedy'• and' "seconded by .Commissioner "try Dawkins and vas passed on its first reading bytitle by the'.,foliowing..vot+s:°:J. AYE$s Commissioner J. L. Plummer,'Jr." t ut { r Commissioner, Rosario Kennedy ' Dawkins., z r `rg Commissioner Millar`J. Vice Mayor ` Victor De ' Yurre Mayor Xavier L. Suarez NOES•:" None. ABSENT] "` Nose; ;�r p i � re "d tee ordinance _ into.• ,tlie:,'<; The =Att'oney'.. t: _ ..: p.� ble. to "tiie':"toe'tabaxs;'tha ,'Ciy'.Cotar,#.fst.:.p!. announced' that: 'copieis,,eera avail.a . ;'.. , „o;, , ."• 4,,i p. t y ub G •'t•Q e'. .. _ tin /y PI 3�+ 2•i i 1f 'N. }a. (, n, i p fi 6 JJ.,F t-- . t' bpi 5 `ir _ _" •_,+.,, r .4 -,: ,. n s,K t+I , vr •a_ � 4s, 1l t~ s` o n -ir _.:::z":. .. t bB�' 110. R{� =�9i0; �` '$ ; A4:'�Q�M.,�►�'+ : �,5;' {���.- .... :+,�� $"' these- oeouls"-eiaq. fie," �►-. g -t_ ... :. _._ ..: �:;.a�..,_. ,._._.F• t :.��..�_,:,��_...."..��.;" � • Mr..Gibbs: My nabsis `fucker Gibbs, I ii+re at 3520 $aysfde Count in the City - Mayor Suares: Can. we Iket a count of +chat, Tucker? ltf. i?i'bhst The count of the People who are here in favor of flan B, for the record. Mayor Suarezt Please raise your hand if you are is favor of elimination of transitional uses one more time. Mr. Plummer:What Mr. Tucker Gibbs is saying is that at the second hearings Mr. Simon is going to bring out a thousand realtors. Mr. Gibbs: We just want it on the record, that's all. Mayor Suarez: OK, let the record reflect that's roughly 102'. Mr. -Gibbs: There's a hundred more in the lobby. Mayor Suarez: It's a lot of people. Mr. Dawkins: Mr. Mayor. Mayor Suarez: Cotamissioner Dawkins. Mr. Dawkins: Mr. City Attorney. Mr. Maxwell:. Yes, air. —; Mr. Dawkins: Amend the ordinance, amend it to say that when the ordinance Is enacted, anything in the hopper as of then is acted on and nothing else will be -accepted: How do we do that legally? Mayor Suarez: I thought you had given the opinion that that was -in fact they. :. effectof..the... :; Mr. Maxwell: But you have to specifically say that. You_ 2iave`'ao`" specifically:... r: < =' Mayor :Suarez: _Otherwise, what,happens?. Mr. Maxwell: Otherwise, the applications will be acted .=upon. after. •the,', effective;: date; -::_because they,.,had: applied. before the effective dater You _have'':,: to:. ,specifically say that on the effective date : ` of the :ordinance',-.: any,: applications even though filed, will not.proceed beyond the effective dater Mr:: De Yurre: i1e11, .that's not. what, we want.- Mayor.:_ Suarez: I thought, that is what you.... you.. just:. contradictec}'::zrhat, said -.before. . Mr..:-'. Maxwell: -No. -Applications that ••are, ' in, the ,hopper, ;'unless; otherwise,'will proceed even afterthe,effective_date,. Mr. -Dawkins: Lot -them... a.lr. _ !!r Maxwell: You. -have to: say that- on the .effect ve ate , this'an - '. } ; .T• any applications, complete.applications'filed,: but.not'yet approved y 7 19r.. ':Flutomer: Area null, andavaid. Mr; .11axwei :"?nays- co�rseet h wehagQ .-t - , "j are ':.:': = • r. �t+t:r, x. ' _ don t o 'say earthing? tie Qma't; hAYWW i;W i ; sa thug gor: those. ':that have `applie+d -at the' =time. at °fit- #qr �thit, iPPl tat. ion go LI rQt)gh 'tbQ pl'Qc to +1[ � • , ; . y g �� ~ 4 i01 v �Uax41FIy say#nyiSr; - r.l• . 3 z-:e ,{. vi S *�.+.", � .� . .R', - ,y 'fib'.. L y - l r.' } `tf ti T r.' a ��do - �,��'- .A ' a �a �� A. 0. t e ' iF f- T�t -a r '. _ ';•fit,. i- n i it N.i.L , i y: r-. fit. t .4•• fi• C. w � d+s�- t` 1 _ .t•;. - - - - - - - "sit ry'." r' t k Y-y 2. M7 4 bawkibat Nothing. well when do YOU Cut it If. Max*6111 It You want to Stop them* you have to may something. Mr. Plummert Vill than, let's SAY itl Mr. bawkifi6i That's right. mayor guarbst I thought that you before were telling us that any that were In the.hopper the day the.ordinincle becomes effective would be allowed... Mr. M &x,*a I I To proceed. Mayor Suarez: Right. Mr..Maxwelli Any -completed applications would, unless you say to the contrary and,as I understand it, thereseems to be some Commissioners... there are some - Commissioners that say they don't want that to happen. Mayor Suarezi Oh. I see, the alternative, what you said before, that could not be done, we could not.say as of today. Mr. Maxwell: That's correct. Mayor :Suarez: But we can say, as of the effective date, any that is not, completed. Mr. Rodriguez: Be approved. Mr. Maxwells, And approved, any that.... Z. Mr. Plummer:,-,. J.vill make... do you, want a second motion, or - do you want to amend the first? - Mayor Suarez: I think we'd better have a Commission... we'd better have a vote,,on,4t, a yo:te:pr� -what we -vant,.to,do.,on it. Mr' Gibbs Mr6, Mayor,.. Mi.`Plummer. motion Js- that z All. right,,. a second .on 2 2B,,: the, off., date s,,the cutoff d ate..... or approv ing any a Ons. r�, axwe . . . . . . . ..... -for -so rovi-ng any applications. -Mi' p Mayor. t' Suarez: That doisn'claarify 'it, that doesn't C rify it.. zl�Vt .Do T No, think that's totally .unfair for those people t 0 process. 1,c V .. • Mayor-Suaiezt Are you saying that unless they happened i0i have finiiheVthe "_` process the day before, that day they are -cut off from that point ,fo' rvard? - Mr.' Rodriguez: The day. Mrf, Plummerf, Before no. The effective.date-for,4ii practical purposes Is., days from t6day.-24st is the cutoff, amen, OK?' Mr. De- A Turre,s_-,-_ nd t kis ens P. " 0j: GO�h,>, Y T# ..... t, �u PITA �Xl PF j7 no -aev _t; uses j4ore•:,would TV1111 -X, App i It not' P � 11 . `at , 1 ti , ttv -Oat '9 •t 0 1. h. fi '.W t tr Wr AV 0 O'oy#,. 4ie mr, ba Turret Well,: how long does it take to approve an application? Mt, Plummer: I have no idea. Mr: De:Yurres .I want,to find out. Mr. hodriguers it depends. You might have a special exception, it would go through hearings. You might have a Class C or Mass B, that can be appealed, it'depends on oath case. Mayor Suaresas You are not going .to truncate someone who . has been, has gone through the process, has been approved by everybody, and there is bomb appeal or some thing pending on that date? Mr. Plummer: No, I agree with you, Mr. Mayor. If they have an appeal, that to a different story. Everybody has their right to their day in court on an appeal, but I am saying is, that if they don't have their application in I completed by the effective date, then school is out. Mayor.Suarets You mean like in the Administration, let's say? Mr. Rodriguez:Application approved, completed. Mr. Plummer: Application approved and completed. OK, I'll buy that. `. Mr. Dawkins: Say'what now? Wait, hold it. Say what now? Mr. Gibbs: Mr. Mayor, can we... _- Mayor;Suarers Yes, we are going to hear you,.but we are trying.to.understand the motion first. We Can''t act on something we don't even understand. ;'`:•, Mr. Gibbs: OK, we .had a question about what it meant, that's all.. ' Mr. Dawkins: What did you say Joe, now? Mr. Plummer: Approved and completed by the 60th day. Mr. Dawkins: ,Unless he's being.aPPealed. }} Mr,.- Plummer:;, Unless it's appealed. So whatyou are saying is then, 30-days � 1 after. June 22nd,. which would be July 22nd, which isa Saturday, ''that' anyone.': - t T aha,t.is ;not -approved and completed . by that., date .,is: gone..' ,- , - �"{=�•'�� _ Mr: Rodriguez:. Unless appealed. Mr.'. Plummers`—:Unless ,it's been. approved- and. appealed. _ Mayor, Suarez: Unless it's been approved and there is an appeal 'pending by' f residents or other people to try to... right. Mr. Maxwell: On the,effective date, , unless there is an appeal pending on xhe'. r_`=j'syYw off ective, date. :r'.. Mayor Suarez: Right. OK, Tucker, with that understanding. Mr. Plummer: And that appeal has to come to us, right? Or through .the Zonin process. 'y _ Mr.r Glbbss':' OKr, 'yes.. one; quest Jon-' that; we had :and :1.t :w^av,-a questioa that;�almme rP u before' you all got . inta .this dis�cuasion. Wh cannct the- effmctive.'r`dax. 3P :da s, So :cleBs. this up? Why can 7t :it be :m m`:a> el ? immediatel on.second reading.. - .date: imiaed3.at y _ Y�.. - ;�; - ,;s�::�.;,• _ - :,�. r.ltr - -'• •( 1.T;!. - •i� ... �:. Y..d Ai�y, �f k x,- � ,ai P,+t'%`:+�:•�i',�; .. :t a�' ��rE`,,.r; � ' ! i- - - '•1^'':..ti•'M t.,'=.. 1^,. , 1: __�c A;�,A,r-`i ta: ,_ � y. ka' :aaYsy. o�rdiAanees.. d m ,r',s .omp, ��eca thet,.�.s`: w napoa . na � do.,, µ� t ic ou{can t•' ->r'`T:<•``=r. ,_�,> �.. �- �: Mr : t3siGwall. s , :Wh b y:�. y a. _ z. }i .A x,v>Y•. •d. ✓. 7� ?ei: pp {t C - a . .'._t��.:.-�ab�►x''`- �'sthat'' .'�. Sti�c�cyA�taznay , - '4 - y r - Y.z./,Ml, .r X.': t?s+ r!i ?:'r" •., :' .a' C :t -Yk` 1'• S c., .4 4 — ^zs •. x'a* } _ _ ',f�• w�yr :t- - - Sri„•t,""+w-`s9.:, - 1�',".;' - 4 1' kd t�. t' i) - ,[• k. . r k - h %i�•t' .� is Cj rr 7' _ t 1 f YI: " 1 • ti` r. — _y„ce S' �_:."�,� :t ..... < _.. .' —_. . _ : , c'.)`; .. - .. _ .. .. ... ... ... . .. . .. _., ,-. .., . ,... _. ?''':.:•:,�•:�"-'"i_, .t.r.`y,..�''_.�s, s.t tea.-.,..+_ _ ._ . �� ff Y JK, ( ) that's State law... Mt. t�laxWrell: Mir. 'd'uoAef'., chapter 166.�41 3a . ., M!, i'lumecert that's line. 2s that State or local? i`,: Mayor, �n�►rbas Mtate :la+s, fes. -' Mr. 1asells says you canaot rezone by $mergancy Ordinance. Mayor, Soarers Old, tritti that understanding do we toed to move that, vote Mr, l+lummar: For the record, if we could make it effective today, I'd Y rt. for Kr. Maxwall, $xcuse toe, Mr. Mayor. ?, Mayor Suares: Do we, need to make.a motion for.that understanding, or...7 '> := — Mr. Haxwellt Yea, sir. : ?; Mr.. Plummer: So moved. Mr. Dawkins: Second. He. Tindall -Howell: May I ask a question? ms to be possibly on Your side on this Mayor Suarez: Yes, but momentum see one. I don't know, go.ahead, try 3t.. 1 Ms. Tindal l-Howell=. OK, .you airs saying ' that .anyone who, has 'the application and: it's been..:approved,.but it.'s..on appeal can continua. .3uppose that .you do have an application,, in. .You've spen t,_and.it's not ;cheap: to. go.through:the sa:'.. processes, it ;does, cost the people money, which. I. know;:is• riot '`a';, consideration here, but if, it: has' been'_deferred .not,.by fault of the applicant,: but for some other reason,"'and;remember,t,Me don't:... S :. Deferred b Mayors u,are �. - � . Y the Zonin Board for some reason because Lhe�re.'its. a:1: r Tindall' Buy B s` want.'the. nei hbors . to' get together with them;":this„-"does`-. ,didagreenient.;and .they, B t so,.,well :August it., is `dead '= -- _ ,ha ea an August; we ,don, t+ meet ,in' August, .6 pp s O ... Au ust an ai .. r<, ,x We11 I nk,.the'.best.'you-are going .to be able to'.do`"i g _t. I�ayor.Suarez-sf: y " on airead made', which i ow in terms of � the . moti Y s approved bq _:it-,',.. you' kn 'that an one in, that -'situation. and of. oourse,`tiiat lend � -I:- �rouldn,: -t.: recommendY ' n Board . 'o an of . the other, I a "rfiee the Zoni g r, don .t know"_if- `tiie. �. PP Y., the effect of this ord1iriance,'' -'z`i3u ,.P..lanping'Board, -"or whoever,.deciding of these, of 'that".the move on these expeditiously. Otherwise we aro;,going to 'get::hit ® so' y ' = Vtti; some `;lagsuits.. r Ms Tindall --Howells` Yea,' this is' -really not fair. :<'..'. k c Nay ox:Suarezi They cannot prefe�rsntially_select-.some to handle on. those days t and defer' others. • Ns. Tindall -Nowell. _zT •Yes U 't we 0 activel kidding ourselves, .-really?'; ,eve iizie':. ':�' !!r. Plummer: Area Y . _•. now che¢kinvir k n;:.see Tucker: -Gibb$.- gut).. there;, `right :�#,• �° 8: 7ti a t ,. -{• i h o OK? :,:. - ••a a l _��on ; �Y i t ' � �.. . Y 4 ': l ®_ and: h� a' ainao�fiTe..ppe B , - r,,F;'�>'a••., .....4. � s roved a ' �. B 6 - :7= is t k'wt: rtti µ- Y .t `` , feet .0the daegn' t fYor`�Su�ra 3 ;�'• +'r^i t:�:. ix. ..� _ L'Y - e. dw'Z ,, � ,T..r' '.L.i`it .. y,f i •iij S-+.1.'j-..:N, _Yy _ >;. `fir" <: ,£t s' it`: koiA .to - o'toJ.the:guing'<8.o�iz.r;.t;,::'~ �, M.r;`<fFltinager,i:- That:;se�a, ie 'B 8 S t". :,,.. _. u a. o ;. Yri'i�ftact wh.t'' _# q.. •����.y. ..it. ;Cortemi•ssit►t�. �• p �Q s.c.: i�. c .i_ 4. v a a ohn r.. - L r` v, J- =y: 1. 5. r. x:er ♦ 4 ?+' ^ry yA `t 'd - 4Q .•tb •=`�l;'7Avti ' �.,•.+ , � ..t,.;•.. FF,r,, . «''r 3 F [. :ice_"'>",r t, r!`-'w'r�irs'r ,% .ar> '•Y. '?k>- , -cK+ , yt; - i ir`••t' .p:•;: n,,;^ri �.. .v',y.. ;a*.3�K y t^ n- 7� s }., ti liR < �,f M r in• _C f. «y , tr.w u a � c• s. nt z t�� Tn� 1 t — llr. 1'ltuainari they have the right to appeal. m6yor•Suaress Might. Mr. Plttslnars Which in effect brings it back before this Commission, which. ik n chat we've Bona on going to basically deny the transitional based o• ,j Mayor Suaresz I thought Me did exactly the opposite. We said if it is } appealed, they are able to complete the process and see if there..._ Mr. plvmanerz Yos, but the appeal, if they lose the appeal process, they are out the door also. — "1 Mayor Suarers Oh, if they lose the appeal process, absolutely, sure. off;— Mr. Plummer: In effect, that's what we are doing. Mayor Suarez: No, there may not be too many that will be accepted because the , Commission has spoken pretty clearly on this issue. OK, call the roll on that 'r motion as understood. ' n The following motion was introduced by Commissioner Plummer, who moved Its adoptions MOTION NO. 89-481 _<t A MOTION CONCERNING A FIRST READING ORDINANCE FOR ZONING TEXT AMENDMENT BY ELIMINATING TRANSITIONAL USES IN. RESIDENTIAL, SPI-9, SPI-14.2 DISTRICTS, ETC., BY FIXING AN EFFECTIVE DATE FOR SAID ORDINANCE TO BE 60 DAYS.FROM FIRST READING; FURTHER STIPULATING THAT ANY APPLICATIONS FOR TRANSITIONAL USES WHICH HAVE NOT BEEN APPROVED AS OF SAID EFFECTIVE DATE WILL BE CONSIDERED NULL.AND VOID, UNLESS APPEALED BY APPLICANT. Upon being seconded by ,Commissioner Dawkins, - the .motion was, •passed ado ted b the follovin vote: . `{ P Y. & ski AYE s Commissioner J. L. Plummer, Jr. w Commissioner.Rosario_ Kennedy t: Commissioner Miller J. Dawkins x�=r Vice .Mayor -Victor De ..Yurre - Mayor Xavier L. Suarez NOES:. None. y ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. - Plummer: ' I'm going , to vote yes, ' I don t thick it really means a whale hell of a lot, but I vote yes. �. Mayor Suarers PZ, whatever the next one is. :.:' •,�` ' Mr. Rodriguez: 22A and 22C, you want to clear those? '<'. Mayor Suarez: 22A we sure don't want to hear. - rr,. 10 Mr. Plummer: Well, I'll move to deny 22A and C:rF .;rr Scare Nobody ranted;. them. Mr.: Rodriguezz Turndown, turn down. Ilayor:Suarez :. VSo moved, r£ 4j. Mx. Dawkins s 1 OK. a3 H aq, _ , r .. ?•. - r q ,."�.s it +. F' '.t:!'a?4'•r. - _ .._,,.t a " - : i. .Sa, - ,. ,4'ip._; � _ S a-F . •. ear', '�.n°s, Y.#'e^.�; .x: }s=N:' - .� Hir•^'x -'S t lam.. j,. r} a..• -nd t I k q r - ,a I 'R' _:. •-' _ fi. F 1 �M� fi! t„a."h'='+i,}�w,'f'', ar�"�np' _ - Sy_;`t.T^ - } a _ a y t 783_ t__ 1,..-. _ ... _a ... .. .,._ u ... , ,t,. ,,.:P''_ �r.-'tic'ze":.c`•%S.'�nI1k��sn:t �l:4,4 Mr. tiummart That's the proper motion. $Ayor gdgretj Call the roll. I don't think we really have to do it, but lot'* 4,'I.? call the roll on it. The following motion was introduced by Commissioner Plummer, who moved its adoptions MOTION NO. 89-482 A MOTION TO DENY AGENDA ITEM PZ-22A (PROPOSED FIRST READING ORDINANCE FOR ZONING TEXT AMENDMENT ENTIRELY ELIMINATING ALL PROVISIONS FOR TRANSITIONAL USES, ETC.) AND AGENDA ITEM PZ-22C (PROPOSED FIRST READING EL ORDINANCE VOR ZONING TEXT AMENDMENT TO IMINATE PROVISION FOR REAR TRANSITIONAL USES IN RESIDENTIAL, SpI_9 AND SPI-14.2 DISTRICTS, ETC.) upon 'being seconded by Commissioner Dawkins, the motion was passed and Adopted by the following votes AYESs Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller J. Dawkins Vice Mayor Victor De Yurre Mayor Xavier L. Suarez NOES. None, ABSENTS None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: 22A and C to deny, yes. 28. (A) REFER BACK TO PLANNING ADVISORY. BOARW PROPOSED FIRST :,.READING. - ORDINANCE to amend the Code to require applicants -its f Uses to provide notice to, property owners - 5` ;Te M, or Transitional to p d, q'iW within 375 feet and pay a. conditionally refundable a poal-relate Y' Dired„- surcharge'3, a s be borne- b ,of; $400,- etc. t that related expenses 1" applicant: -FIRST. READING ORDINANCE: ,Amend 9500. require Appl. id ants 'for, Cl,i.li,iiis-�C-."�.;,,;-.,-�-;r"."�',..�,�,",V J B) notice',-to-r1property:, �_L_ ' for , -Transitional` Uses, to,*provide -Special'Permits' within 375'feet to `limit -the .effective date of Class Periiitsto one byear, ubj'6ct-,.'to: rehewals°- --; extend'� 1�, time_ ,limit for. -; appealing to 30 days (Applicant: Planning Department). Mr:`'Plummeri< Wait a minute, what about 20 and 217 right? Mayor Suarez: They Are not necessary to be move; Mr. McManus: Well, Mr. Mayor.... Mri Rodriguez: There ''are. portions that can be salvaged. M ._jjse_ In c Wellg,there _18 a Vlummors . still portion, f, transitional' 4ve n with; 22B.- :Mr� u Well,, I think we c age porti6 s of 20 - aid,'21-- and--, A �McMpn as, can salvage, il'IminAt 0 0, Any. o,you-�waut� 0� 4t �for?; Mi. Dawkinar: 01i '1 4 "4� 40 eani,wo,cas t, 0 "'You M Mayor:Suarozv a 4 7W 'what `axe o, - us a y I n 1, 9 This':'Is, Mayor r Mai. pot, "A ippe'slinvi, ti as 8,�:� 14; a CX'# _p hot mqvz", Opp o' on M 44 Mayor' Suar6tt Mr,: Plummers 0 F And.if they are not an abutting property owners? tir, MtMariust tell, if they daatt get a majority of abutting property wmota; theft they -would pay the ordinary appeal fse of $400. Mr. Plummert Abutting means contiguous... Mr. McManus: Contiguous. Mr. Pun ner: ... or' within the, 375... Mr,'"emanuss, No, contiguous. Mr. Plummers ;still.. go' for appeal..free. '.t Absolutely notl What we did in the original provision, and I'll that, that anyone who is an abutting property owner, can be the One, OK? '-.or ten percent within the 375 feet sign... Mr. Rodriguez: For transitional uses. Mr.. -Plummer: What? Mr.-, Rodriguez: For -transitional users,. but we are 'taking that 'Section completely.. 'a Mr, ;..Plummer:,'.No, '.you ..still got transitional use in'the commercial.' } �.' Mr. McManus: But they have that by right. That's a limitation on them. It -� limits,the commercial use. �`::.•' Mayor Suarezz It's not transitional use _ anymore. Let's start calling it; by, its.; rightful rank transitional' restrictions:' or: whatever' you want to .call 'it, : ;_'.. • probably.::.• . .. ... - - ,;3 ,then_ .b non-abuttin Mr.r,Plummers: Weil what" .are .you. accomp.lish';, y oimers.',.if;it,^is:'not;'tothe.- residential? - cMan ss. Well usuall on a Class C erznit,,.' the typical 'Claas `perdiit'_ tt4 'might.`fnvolve`like`.a''re uest .for a swimming pool is e. side='yard,:_:fi�1es; l;r? 9 4 .✓ a otify: abutt;ing'`:Property;;ownersy .we:'don't...gp,, out. to 375:; feet.': -What we Oren ' : suggebting here. was " .if the majority of whose: abutting'' property"" pwner�s:::' got ;=`w: toge:,.If tther:=and appealed, there'would.be-no appeal fee. hey, couldn1,�-get:::a'': r 'major.ity, together. and one wanted to apply then there would 'be PP Y,' r !q; Mr.:'Plummer,: Well you see, .to, me, the person who should pay-., is the .person Who '. banefit'ing If, the man.; who wants:..to, put: in that, swimming. :goiugto;, be ,.tha', beneficiary of something -he doesn't. have. the right" .to' do 'today, should be the. one who pays all expanses# Mayor Suarez:! : Yes, .but does this have any applicability anymore,';, after'•'you';` ro ert owners next to him .have to. Oa: ;.W a ho; io 1: Me. Plummerz Why, shouldP. P y 4P Y.~ the one ". who,.is goingto _ Pon ot it by',<It,? , .: 9#ianusz r;':C mmisg o er ' s�hat.�r a=a:;xryia to avoid hers isit► ng Qaq" �x MG ; /..ti o l A ,:°. s g`> ;,r �, "3 diva6 rustled abutting:. 'property 'owner free ., r,ide -'to._ an' .,appeal O s f - •'N' �. .fit;`: :f- /,'hi - 4 T�~ , ` . i t rp .nix-: land : of`�- : ag.��,o �aor-��,z�i� rupt !�- .a sY _ - i• i' ' �f. � �d�s oicn •a �liaa� �-:�!::.,�:_ �tr a . =ph`e h a, Q n:. A:'`•.. !R :1!� �r ' h.,. X ;:, ± P$ .. n R . A .. nB.. ?,,0 l' Q6 4. - e+ � R �` sa T.Y �,+" �.� .-�' �.Y' +' _.£p ,, , ' '3.'; •. ''.-�'.�+.:' � : $- u � : ...`s- a:.i *.atr-' . •x' :'�1 •..-'..JS� . L^ n'ii .: t._ / � N. ' S!., , X -.� . ..r . -,' �f �. k �=..;,.i , . x'.y...?:,::.u'F fi : E - • 1. �'�t •g:.. ,[.:., y: T ,'11�`� :. 'T,.. rf,�'�V.Xj= -r.,% sellati >13•h`i:� •+'iY. .S:`.'1:>�.. :.•f^'r.-: .� .r.y. i',�7r:.v--rF�. 931> A £ ,i . -A- ,,�r..,, 4 a- g„ I r. {'r.3 i sr_ _ ;t 5�'; ?F•'F'-E''.;v_f•-•,-. ...fii, ..�.p,. �.t�.. ...,e.�� �s�,- .�-c}�.'. .�ft> .?e'�`' .S R. ,,.r S .��z� 3:- _ ,... .._r...,. L".2''.. .. •'!. }1 �: ._iiAd,'i'bt,A�f�.. �:.11i�Ny.'a-. {•}t, �'._ �t Y.ii„!•:... ... _ .. -.. -a... ,. :.[. r`.l+�t._�.e. ., e.,t'.'31��F..e.. ru-. �_...Wv..-d>(•'•Tr.til,. �,ii'._.-n. t_ i-. Mr. Me"* What we are saying is, if the majority of those abutting ' property osiers gibt togethdr, ire will waive the appeal fee, but if just bh& _ F' c; F • property owner is dissatisfied and he can't get angbne visa to join in With r, him, then he ahouia pay the appeal fea. '{ Mayor 'guarez: the majority of typically... how many abutting property owners? Has he defined it? Mr. McManus: We might be talking eight or ten, if he knows... y'= ,z•;: Mr. Piurmueri But under normal circumstances it would be three. s;. Mr..MeManus: It could be as few as three. Mayor Suarez: It could be as few as two, I suppose. i mean, if you consider =a abutting someone on the opposite side of Coral Way, let's say? Mr. Plu:omer: I personally think that the burden ought to be put on the applicant who is going to benefit by it. Let him pay for it. Mr. Rodriguez: Again, the concern that might have is that you might have a lot of appeals coming to you, because this doesn't cost them anything to appeal ' it. Mayor Suarez: The majority of the abutting property owners, OK, let's assume that we have one of those little charts' that you just showed us, one" -of. those... we have commercial and we have residential in the rear and they have... who are the abutting property owners if the commercial is ,bordering h right'on Coral Way on the south side, let's say. Now many do you have?, Are there three? Mr. McManus: Could be as few as three. Mayor Suarez: Could be as few as three, or could be as few a zero, I suppose,' -I a guy.'owned the"whole .thing , but I mean... he.owns, the applicant.owns.the.° commercial lot., Under .that, there is a residential .owned bq..someone else. r' y Next ` Lo '`that, a residential -owned by someone else • and : next ::'to:, that;.": =_a• . residential' owned by someone else. ' Are. `all "those . abutting? :r mi. Plummer: .Yes. � Mayor Suarez: Tile on that -just'' hit the corner? -' Pluthmeri Y Mr.as. s: t ' Mayor Suarez: OK, now next to him there is another commercial' owner and a - 3; sssm. " _ fourth comeercial owner. ` ' You could have. 'four all"' together. Is' that''.. the j . maxiium?` You could ' have five ' `I suppose; if -it is not right next = to the:. main `. n thoroughfare: Mr. McManus: You can have pie shaped lots and it distorts the numbere..•iia-:`. i ` terms of :letting. Hayor'Suarez: Geometrically you could have a huge number, I suppose,. Mr. Rodriguez:.. And there are situations, there are ' situations for'' aRample, r `when the ' Class` C affects ` the front --of the.^ `property -that. Vie: go;: thro�aghr}�t��a . 'abutting on the cther..side of:: the street.. We ,do' that .:;F.: r.•s 'ay . o':" t'o' o 'her aide and you do count than:, as : a, ..' a> '>>',,<;r:a. 7 !Mayor Suarez s You do; • g t Y a �.,•,. o iuez: ' `,'Ohs :we do` that: 'If: `it is` for �lxampl4, ^ a sfagla faa►�yY gre�Rti;.' a°rrow e ., .. Pt'ree-)'tt,if C T v� •sr'.,,3i:Fi; _. iir.3. nkX,- '[x,r "',�ttj�T13-dA� A S _ Ne do tha F;,nat ,J'�' _ •"3 r'+2t?:c'' ,"y5f(at {rt^ - - `,F'. _'i; "ri;= •'iSr c%'•'7c:y�i. lt{Li> ,.y,. _ .;,�. � .'g .: - . - ':"8'r.•.r :art �.. i? t _ •r rr .. •...., , ... .,..:.. ,. .: .,'_ :`tag �r.� ,}, ' umiaes Le��4spa.ask'.e clarifia - -:f, �, 1, : t.• x� -` `a C� a`s i`+`O r iermft; you `onlq. notif ► ,tie' ;abutting `property ;" r ; �• ^� ti^4, r • .i . t d r �,� rrr .,, t.�'",�}�n z 'R i ht ' R �d `v s� - .M. Q - B S .:� `xa43 ,r- } �} 1�ha1c �ciripr': 'Mrt"'k�e or' ,�;.�:a • � a. ���'� �i;� t t <.7 ; as -jG �=`. ` aam' .; �.:. �#�. - �,� �:�'a , AM*X,�?��: �.. r _ - ,',... .. f_. • �`�- .. 3: 1" 1 ;. rr W F^ -x s 3 °4 h. .x .1 .. Y ryX Y,.(',uir:'• ♦r�ax.• ,'� I ±t+h"s �..- .. .., r ... _.. ... h; r x. :.. '.5'_``;•::5. ...,-„ .A.'�t .. .. aE" ., ...liu :^.?i•�-rtr.'rk- _ t k Rt the iiropeftq owners within $'I5 feet be notified. Oh yowl Let the tell you. Do ou re—aber 12th Street and 24th Avenue? - when we got our... y INAUDISLIC BACkGROM COMMENTS NOT ENTSRBD INTO THE PUBLIC RECORD. Mrs' �1hltiiDeri ''hat? � 5 Mr. Maxwell: A Cites C c+ih be... Mr. Plummer: Fine, let the developer, let the guy who is going to benefit for It pay for it. I'll make a motion, we'll see if it passes. I make a emotion r' that all Class C permits which deviates from the norm, that all property owners of 315 feet be notified and the expense be burdened by the applicant, I'll so move. Mayor Suarez: We have a motion on the floor. Give me the categories of 5= special C permits. Ir. Rodriguez: By the way, if I may, the motion from Commissioner Plummer will have to be brought back, after we go through the process of the Planning Advisory Board and so on. You cannot deal with that today. Mayor Suarez: You, we understand that, but even getting this under way... :v{. Mr. Rodriguez: You might have an example of a Class C if a person who wants to put a pool in the back of their house, and... Mrs.. Kennedy: I 'was going to say, building a pool, or a window, anything pertinent to that. Mr. 'Rodriguez: For example, and that is important that you, notify the adjacent property owners, because their pool might be adjacent to them, but f who cares when you are 375 feet from it? It really doesn't apply. Mr. 'Plummer: Why not? What are you scared of? Mr. Rodriguez: I am not scared. I think... s •t' - - `max.. ,,`ry,T•vK"N�. — Mr. Plummer:' Well,.:.ahat are you scared of? Are you' scared''`that the people,:.: might have and `come, yin and` have an .objection? n}: if" k'f'y Mr.- Rodriguezt To,,"A pool? Mr. Plummer: Hey, I am not saying to a pool, OK? You want to exclude pools?: �w Mr::'` Itodri uezelYiy :ion't we come back and give you the examples of ,wKat";tee 6 } have .and 'then you can look at it. Mr. Plummeri ; Let me 'remind• this Commission. Mr. Mayor, one of the hottest y.: s tides I ever saw before this Commission was on 12th Street and SW'24th Avenue where a Class C permit was issued_ for exceptional use on' that: piece of property and:, the- people came in haze screaming that they were not notif.ied:.: Mayor Suarez: Well, whenever that happens in the future, . you make ,aura you notify .them ail. h;;•' >: Mr. Plummer: Well OK ha I'm telling you,I made a motion. 1 75 t e and one 1 w v u 1*lapor Suarez: 3 feet, three n n ha f miles,' hate er yo want. Anyhot!! t7r. Pluaers Th rme same as the: zoning.. k Mayo Su�treia Yes. I myself w�ruld not vote for that. It tpa�r beAttat. in;►o.,u�1;,, gvs..is tidta'. send' "aonaislerod -�ti'; .I"'`you ' knsw;' — have t"p`' loon' at ' Cl4es fC. y r9 it :.t a le' °;t s, . `e � . N� M yliaiiani4;r Val t s```go .Ix. hi a` n I 1 ke' a;' ";air a::' {� �► = �: fi as +�._ i ,.. is th _ onl�n Baer Y#car CAA9lde ioiaai�'.:.b�ik' � .t.P O YY �.ii :t', ...}.: -fJ 4•,( •.4.. _L „�� . - xett��tnd```G l;.t'. ,t, „f'-';S>: ';, >.:.., t>';. t',.,+'i.f*..;,'•:,:: tf..,',,:,;'.,i-�:;�:ir':'•"�: �,�t.f¢x.. 3 - , r n , `r r tVf n „ v« r - 9 — r :ju:- L$,t--''' %.{°. •:`•" �•},JY.t6's '�� s3°-:. Lk" -9." 1. ¢} :. :,.. - •-l; tl 7 S . J',Et< a '; ��'r._,:•_ .Mt '...5." 4'`,:.:�.'' a t:'hf lr•-.r.r :;,§.: �.+�'± .F: _ •�a':i:'x:. 9,: -: f:;'-ft;. ..i V- '. 1"' �' �¢ ;,�, tH 1 i M l.f. Vt 9 - 3„ •it' . t. , -yam iR.,„• ,, '. erg _y , ?t — := f; , Ott• yf x y. b' - 4 - Yihr r S`, k r ,e 'it. x ___3�':as,..,•f - -- - -.- -. ., r. -: i,`t: ,_,...}. t. ... .. _,r.,:-•t s_ RIM �. ...__�.H.#;<, d!•ril9��. t Mr., Ift6driguest 'MAY I tbrrbet you; that you aoftdii6 Maybe guifttl - 'Ott tan *end anything we want to the Zoning ebuld6fatIon and It might be interesting to contemplate that. Yes. Mr:' 16drilueze May I Suggest that you send to the Planning board, the one -that 16bkB at 1AW6 Mayor Saarast To the Planning board, thank you. Do you accept the agendm6fitt Mr. Plummeri Yea, of course. Mayor Suarest Do we have a second on that? Please, somebody second it. Mr. Dawkins: Second, Mayor Suaroat And Herb Simon will be there, Mt. Dawkins: Second. Mayor Suareit Call the roll on that motion. Mr. Plummer: It nothing more whit we are doing is keeping the homeowner groups together.: Mayor Suarez: Call the roll. The following motion was introduced by Commissioner Plummer,- who moved its adoption: MOTION NO. 89-483 A MOTION OF THE CITY COMMISSION REFERRING BACK TO THE PLANNING`' ADVISORY'•BOARD FOR ,CONSIDERATION AND REVIEW PROPOSED FIRST READING ORDINANCE TO AMEND THE.CODt 'BY- G - -REQUIRIN ;THAT APPLICANTS'FOR CLASS SPECIAL'PERMITS FOR TRANSITIONAL USES' MUST NOTIFY PROPERTY -.OWNERS LE _WITHIN� 37 5 FEET' -'AND',, PAY �A CONDITIONAILLY-." AErbk" APPEAL -RELATED SURCHARGE OF $400; .-'FURTHER DIRECTING THAT ` 'ALi:` EXPENSES INCURRED IN CONNECTION WITH THIS' -PROCESS SHALL'BE BORNE BY THE APPLICANT. rl on,e conded.` pnI p .... adopted. AYES: L.,-`Plummek, "Jr Commissioner Miller J. Dawkins,, Xavier Suarez NOU: Commissioner Rosario Kenn'edy. Vice.Mayor-V16tor Di-Yurre ABSENT:,.None. COMMENTS MADE ,DURING ROLL ;CALL-.; Mrs.,*Xennedy: I'm sorry, I just can't 'go, fore that. I think:that Mr: Plummer: Fine hateveri,,! 20, II ave-t, 'M , - Z. f. 4,;, 1 it'W* 'thoughi-.�� ou -Vero r A • Zr-20? �thoujjh X RE el� W 'e N Mf* McManus The only thing left to salvage of PZ-21 is to limit Claim G permits to 6hiz year psrieds with irehawals. The other provisions is 21 here - been ailn:taated with the... Mayor Suarast Need we set on 21, or does it makes sense to... does anybody have any - feelings about i'E-21, the salvageable parts of itt boas planning 4,- tare! Do you need this? Y: =a'ie a `.. Mr. McManus: Well, the only thing we are suggesting is right now, the Class C permits are issued for an unlimited period. {chat we are suggesting is, wa put .- a time limit on it. E. ; E. Y �. Mr. Rodriguez. I think that makes sense, that we limit the time. Mr. McManus: We just put a time limit on It. Mayor Suarezt 09, I'll entertain a motion on that. z-r r INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor.. Suarez: It maintains the... it salvages a time limit on Class C permits. - -`° Mrs Plummer: What is the time limit? Mr. McManus: One year, subject to renewal. Mr. Rodriguez: It will be if you pass this. Now there is no time limit. :.• Mr. McManus: There is no time limit. 2 K Mr. Plummer: Fine. ; Mayor Suarez: We have a motion, do we have a second? Mrs. Kennedy: Move it.� S , S.' ✓.' Mayor Suarez: Seconded, .any discussion? Read the ordinance. Call -,the ro1L.;..='- AN ORDINANCE ENTITLED- 'ORDINANCE AMENDING ORDINANCE. NO. _9500, THE .ZONING-- , " ORDINANCE OF THE: CI,TY- OF MI1MZ, FLORIDA, ' -By - ADDING r m SUBSECTION 2503-5 TO'',LIMIT THE. EFFECTIVE_DATE OY CLASS ,. .<' ?<:.,''' C SPECIAL PERMITS TO. ONE YEAR SUBJECT TO RENEWALS; - �e• 'AND' PROVIDING AN EFFECTIVE'DATE. Was intzbduced by Commissioner Plummer and seconded by Commissloner:- Kennedy and was passed on its fist reading by'title by the following vote: 4 AYES: Commissioner J. L. Plummer Jr. .;;;:.. "Commissioner Rosario Kennedy k Commissioner Miller J. Dawkins } Vice Mayor Victor De Yurre Mayor Xavier L. Suarez- :.,,,, ,. 4. NOES:` N ne . ABSENT:' — S,�Y��sf�'+•:r_ - None.- --"The CieYAttorney��.r re- ad. the'- - o - the ub C.: Fu•na��- F v --- ;,.. ;eenouaced : thot;;co ies aro. availa e ` P ;► bl to .the members' of the City,;:Ctpi$si an (x =N, d te'Ke' pubi`iic °; Y d , teY at ;. ,40 - fU .e t , •2 -1 `3 r. Y< }Y.Y. 4' ,emu ( L. t - i •4 - ".i • _ `.I - , rr7,. SG u : a , w-':r'f ".i: :. -i ':'.•..-:'.:. +...1r..- ,t:... ..,...: '•:, r;Y',,,c^1,i _iri'r7.y..G n" ..L, .. 3 e . t .,.:. i -r - i �r s ►Yr ___ rirsfr-aiir.f.i.ir.niirir��- .. •. 29. Transitional Uses to u (A) FIRST READING ORDINANCE: Amend 9500 reqire applicants for Class C provide notice to property hermits for Tr p owners within 375 feet - to limit the effective date of Class C Special Permits tb one year subject to renewals - extend time limit for appealing to 30 days (Applicant: Planning Department). (2) AUTHORIZE PERMANENT RESTRICTION OF VEHICULAR ACCESS - to S-V, 28th Street at easterly side of intersection with S.W. 26th Avenue and S.W. 27th Lane - with provisos. (Cy RECONSIDER PREVIOUSLY PASSED MOTION 89-484 - denying erection of barricades in the northern tier of Coconut Grove. (D) DIRECTING PERMANENT CLOSURE OF ABACO, INAGUA, SWANSON, TRAPP AND LINCOLN AVENUES at northeasterly intersection with Aviation Avenue; and Inagua, Trapp and Lincoln Avenues at easterly intersection with S.W*' 27th Avenue3 and Andros Avenue at the west intersection with Washington Street - with provisos. (2) INSTRUCT ADMINISTRATION TO REVIEW ALTERNATIVE WAYS OF REDIRECTING TRAFFIC ALONG THE NORTHERN TIER IN THE COCONUT GROVE AREA - including possibilities for Stop signs or diverters at certain sites to ease the impact on the area caused by arrangements made to the southern tier - with certain stipulations. Mayor Suarez: PZ-23, Mr. Simon, we love you, sir, but we have to get on to the next item. PZ-23. Who is here on this item, on PZ-23? UNIDENTIFIED SPEAKERS PZ-23 here. Mayor Suarez: Raise your hands if you're here on PZ-23- UNIDENTIFIED SPEAKER: Twenty-three. Mayor Suarez: For or against? Mr. Plummer: Mr. Mayor. Mayor Suarez: Commissioner Plummer. Mr: Plummer: I don't think that you can, handle- really, in fact' could` everybody be quiet for a'minute? I don't think you can handle.... rf a f Mayor Suarez: Let me: clarify -that all of the issues related to transitional uses have been disposed of, there's nothing pending as to,that, if you're her j for that. ' Unless you want to watch these proceedings for, other reasons$'You j might want to consider giving the seat to other people and otherwise,'.you know,_ bye,'bye Mr. 'Plummer: I don't think that you can handle.23, 24, and.25 separately. I r think all three relate to the same problem and you've got to deal with all. A three at the same time. (Applause) Mr. Plummer: Now, that didn't speak for or against, but the old balloon still true, when you squeeze it in. one place, it pops out in. another.; All: x�C three of these, if I'm not mistaken, are contiguous to each. other. $o Ixwould 3 says. Mr.. Mayor, that what we're dealing with here is, 23, ; 24, and 25 ;,. time even though they are, in effect, separate items. r� Mayor Suarez. Are all of . them, at some point, touching upon._ 27th Av�enud, ala _three of them? ..r 'fF , Mr. Plummer: No �a{ryr Mr. Jim Kays No. ia# `x r Mr, Plummer: The last one, i know Ralby'a does not K.ay3 They— r, ✓` ek�� fi7 .y � 1s i 1 .,-.....•F:&.�,"»«t�£,.'3 �s�s'XXY�'YrariY.. �� �r,•av�,prrey h `ki4-{4F'ht {il?Tl"Y4`,� � .i �Pi Mr. Piu art I undaretifid; but, I mean, all of thorn are still in the ge se�ai �Y. MayorSuarez: Wa're.going to try to get to the end of the agenda, yes. Mr. plufmer: We're going to try to, ma'am. U1giID$NTIFIED Sp$AKBit: Yes, but the people are leaving because they undorstood. _ '= `. that transitional use people to leave. Mayor Suareas Transitional uses... Mr. Plummer: Transitional uses is finished. .:' Mayor Suaret s ... Nava been eliminated. I mean by, effective 30 days after } the second reading if we have a second reading. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ' Mr. Plummeri Not really, because that application is already in. Mayor Suarez: I presume if there's one that's before us today that has transitional, use, ..they will not apply to that. They may be some of the same arguments that might apply to that determination. Mr. Kay: OK. Mr. Mayor, members of the Commission... Mayor Suarez:. Jim, describe ..the 'three of theta, as any one is -similar to the other. In,other.,words, which two... Mr. -Kay: It was my thinking that... Mayor:_Suarez:.. ....following up.pursuant,to Commissioner Plummer's .idea'that.. tcaybe aao, or" three of, these, are.,related, just so we, have, at least, an, idea ,of. the .interconnection.�and, inter-relation'between:them. Mr. ,P1`uttsaer: They!re. all related. r r OK.±' The largest area -or the largest number of closures are the ones, that', are .. on r27th Avenue . and -, Aviation Avenue, on 'Abaco and on " Andros.;; are upifor cons ideration'of permanent closures. And it 'was thought Ghat::: Mayor..5uarers Those `are' the ones that we've' seen the ' barricades all iti 'placee right'.off of 27th Avenue -typically and OK. _ 2r ->;,T M'r.' Kay; That's correct: Mr. Plummer; .Well, some.of the time Mr. Kay: And it was thought that originally... 4<'; Mayor.: Suarers ,Yes, same .have been' kind of tampered with. Mr. Kay: when we were, scheduling this, that what, is.-.e�►er .decided tonight on those ` closures would very' likely have" an 'effect: `oa.the'_, other';;',;=`>`'< = ' closures.. Ma r`s Suat'az oth:"wphilosophical bedon. t;:want;: ,:Z a^ _ r K R s 6b Y k J 1 t' i^ -. 4 fit? .T - _ - mi g'ohrt " b'e.:: clozsie. d,��. ��•: .nt.ianaf'.` -'f iorcin .:".: more ��xasi{'f iC oA: a Sp :'.at 'a'higder ev4h, lets, sayl•,.o.:•.' .t _ '- Mr:' -:Kays T1►AG'I9 correct, Ws�.'3�ave'>nade our;,x.. f,:•1: a '�;J--•M' t..Y. '-S•'•dr a' „�., ,. _ ) 4.t;f-'i•.'.'r..; p,: F, .q Y•$"'`r ;r.r.u.f k. - 1. Tk. $$-4�, .. »ks.'si'•u;: .L`.':is?.w .r +c.i BY.: i'l�i., ',, e�7L, 1 h ra§ Y rty a i s e' � '� t - - .l i,. t c - v � "..t ' ke.-�i�;' aout >t t3`;e ,a !:, *}�V,,:.5 •,. ,'�.,, A� i, x,i�,. - ,. r,.>�. .'jt{ - ''""",'- '.::x 2:.: s!: Kam•`. ..ir"J* z �.. s�arp a; i. q+. of . n .,_,.. ,......;,, � .;41 = �:'S:'�• �.•,�. y, ;,fir aA ,� >Q �;,..,. -v • ... .. 4 c.s-. .,,, c . $ �' _ Q 3"-t .r �,,�.. - AlSi:-+,..aJ. r.r+.4 .,f k'= �,i.. - r.. `6t A. r jk`r ip lF- 'r.i y t. . - - a k• =L s M+i +or Ruareti Which oaea art you talking about tOVt Key : On A,*cation a, d on 21th Avehue and the closure oh Abaco and 61L iayr $uarejtj You seed the kg-23 7 1dr clay: go, that a the P144. Mayor Suarez: That's 24, OK, _ - wx Mr. Key Right, y Mr. Plummer= Those are the ones that are proposed to go from either temporary out or temporary permanent. _ Mi. Keye, Right, that's correct. But'we took a vote on all or none, it MouPd have been axtrestieiy ,difficult to try to do each one at a time. Mr. Plummer: You mean each street. '2 Mr. Kay: Each street. _ Mr.• Plummer: I understand. Izz / e Police Mr. Kays That's correct. We have received the answers from th Department, and Fire Department, Public Works Department, from the City and Publ'ic'Works Department of the county, all opposed to the closures. (Applause):.. . 'Kay - Police and fire mainly because it affects emergency`acceia` Puolic. Works Department, is 'concerned about traffic being thrown,. into, other-., directions: As you know, and it has been said before,-Tigertail, Avenue has r: avers `e dell count of over"' 5;000 cars a" 'daq:. That is jfst `a"two-rend_- to i b :'t'lie `Ma It ie` si realized, ttie pavement width is a- little extira` witder.'but : Y, y' g - et t" lie$ over 8 `ODO 'cars'a. da That pis ."confirrded°.' _ >, Mayor, Suarez: OK, now. ; Mr.: Kay: And, in, closing - these .; streets off only . add, to Tigertail -: or will to 27t#i or: to Bar rq K mayor.Suirezv You have referred to' Public Works being opposed.. Did.. you:, sag -anything about' `the 'other' departments? x y:;" , -Police and .fire are opposed. We did not receive; an 'answer from Ma `` Suarezu OK' is this" not .the one "that �►e'v'e'' had a traae3ti4ja1,, I mean' - or a'tetn ore trial j eri"od? P rY p llr. 'Kays We've had a' teiuporarq trial period' in excess 0f,r90 day$ actuall,p `J Ma 'or Suarez: OK;` 'do we 2iave any spec, 'concrete reports from`dither''`-;;'fsosu. � �' tin t the: ;h } . " y .:#. "scue` .or, emergency vehicle as .to'. °Pxoblims. getting- o- o�eit an o, may. r t a' tr al e'r ad?. question an' :�`_'resuIt' pi"this' du ing by i p i Me. cific`' incidents, ents, 'Y R p., s7;.e t {, - ,.:.;+��, .` ,*! r�,�..o x• ICsyFs No,4P.s} �► P ) 6 So ,we havea'_t 'heard "anythin fro' ' t e * a Nayox u r z: 1 ri ht s, g to ii ri ;pori. t f f:' qqt trei�t to' "loop-ax it 'thets'.va)r.. ^-r n,. ,,. }r •M?•s,� tl'•}- _ f#A',.'�:F -ir.:Y• '.,-r- <Y,. a,4op<'i7..--?:+"�,. .' ; fir`'. •.._.."k n,, Tyr-- _ .1 t=i,. ., ` r t e We' a`<; a...lot`- i-;' `ail`s"` �- ... i� L. y Ts �`" f f 6,s - S•• yy `Ma a Su 7n. t,t rmi .A re`sau " Y o r, era i a �� f '" a': �rahlc as - at�d_--:i ,'teems- - P,.;Q�AAe� ands` r t n pp t'� .` '':�, _ ^.t ' ( a �h ..:5 ,r : h c e 'a - s:s' I;C1; l.p,: •>`y_•. F. ,.�,, i _LR' *:;..:iTy .�$,. }, .tt•:•��ti ..� tT^'%Y: �T'TiZ'=r,'rY Y^ 4 , ;.�'rr-, •fir:; -.,.++.:w ' 1' ZaY lt`fl- 't.l �.L _.., >`°...:. +� ....5 ax B s.' iiasi' , 'w` '►r., .n �t •i' r r ;r ,c.:,. .,.s .... .,:.�ny..�r.'', ..�...! .. ':'.. �:. �-.•,�f°F_ !}l•����.q �A.l.g� �„N�s,N!► QIe:},71.}....1;�?t.. _,d'w.+....!., ,. 1.it .-.,d r..r .rat, Chief huddlestons Mr. Mayor, Chief Huddleston, Fire Department, We're hot going to get any comOlaints nor will you because they are temporary barricades at this point and they can easily be moved and they do not, at this point, disrupt access. Mayor Suarets Well, but Chief, but you may have had a finding by this, point f an increase in your response time to the area, if indeed that had taken ;lace. You may have had.a specific incident where a vehicle went over one of those temporary barricades trying to get through and suffered damage and delay or something and it obviously hasn't happened. Chief Huddleston: It has not happened and they're simply very easily moved at this point. They wouldn't create a problem for any of the apparatus or even slow them down at this point. Mayor Suarez: But that's what a trial period is for and if the nature of the barricades is such that they don't really serve the purpose of giving us more information, then we, should at least learn from all of this that the trial period doesn't really make much sense. We ought to just decide and be done with it. OK. Now, how about on the... the purposes of the barricades are slow_ down. traffic, prevent incidents of crime, prevent entry to the neighborhood or at least impede it to people who don't live there who might be in a position to commit a. crime. Has there been any noticeable positive affect? (Crowd: Yes _ Applause.) Mayor Suarez: Wait, wait, wait, wait... Mr. Kay: The opinions expressed by those who live... Mayor Suarez:. I. just asked a question of our staff. Now we. will 1 hear, of.. i C course•but...from theresidents, ' { Mr. Kay: In general, the opinions expressed by those people who . live Immediately northeasterly, of- . the barricades . have been . in : ,favor . of the (( barricades The opinions generally of those people outside the immediate, _area` El' have been inoppositionto the barricades. :x f Mr: `Plummer: Once again, for .the record, of 'the tally. that you' took, voted for and 96 voted against. a' �41 Mr. Kay: Ninety-five against. Mr. Plummer: Ninety-five against. =~ UNIDENTIFIED SPEAKER: Could I ask -just one question about that? I voted ao: to permanent before you made a decision on the temporary. Now, was my,-. vote,.. ( a counted as .no or: a yes? ., • , - -_ - 4;3 ' rit, lix. Kays Your_ vote was counted on the. very last saailout that .wae: mailed ;outs;,., .. UNIDENTIFIED.SPEAKER: So was that .a no or a yes?„ Y _. �niyhad 'actual e._on_maol .;.y u fir. _Plummer: "i.et,:,me :a$x.,. another,.. question: How. masiy', did you ' response from at ail?. � _ :... ,:. r ; ,. � _ , , . , • K:-;`''�, .eta. Mr. Keys S would have to go back... '. .. , siagor Suarers What was the` total. cumber of mailQut?: ' ,Fly t.il a r V1Sy%iG flra .Ka' s t aii` ut was -ia �ex+cpas Aq s. �.'- _ ;;-�r, ..�- -.�;, ,:t�. �.._�ir;' ::;4!: f:'.?'- .y'-, l.�S ';r�F�, 't'. ,oy tL,�(a �§ s k! t •�L,,. t _ t i* • t •• x' c V a~' ' w ua ez =s:. r'�'S r �,, ea .. - o r' 'r h d ,. !�J .��i S.c h R a ,s t _ c n tyat'•w '� r' - - '•.h'n - � - :'f .4�; "ter �:i . .- _�u dxe niaii au A s `.`4 #ay x• h. h_ d, �. to � ''-axe s`,e�f�• Q4`` a�af:�:.t fi„ •. t , 1 f (Y•. fifi hf c h f L - •i I r A2 _ F _ m J .p• h _ ,.ra � t x'•, Y r r .,d!. l.• -l'a.r'••^'WY F'' !:"2F".yy+-� ?l r -•S - -i-Y t s� I . i• ti f s : : X Mayor Suarett Did va got thy return? I moth, most of those reacnaa. zuea d6stination Oresumablyl a ayt We 11-.fit out return - an I said, 125 in favor, 9S opposed v6 had X &ppr6*IftJkt6lY# VII toy less than 10 that we could not confirm the address on, Mayor Suarez: Undeliverable. Mr. Plummer: Are you S&YIUB then that roughly half did not return a response?' Mr. Ray: That's yes, air, oh, yes, more than half did not return. l,.''C1- Mayor Suarez: No, no, no, no, lose than half. Mr. Plummer: I'm asking a question, not our... Mayor Suareas We don't have real good math here today. Mr. Kays Most of those that did not reply were on the west side of,27th Avenue. Mayor Suarezt All right... UNIDENTIFIED SPEAKER:, Most of those that were against were west? MayorSuarezt- Nov, I do -have to say that yesterday, coincidentallyltI'stoppea by the:home of one-cf-the people who is against the barricades on the top,.part here -which - what,item is that, PZ what? Mr. Kay:. That is FZ -23,and that is... Mayor Suarez: Specifically, on 28th Terrace, I guess that's your home, I-,knOw Sally Barron. there. And, because of- the letter I just,. _received 1, wanted to see the,, conditions. on 28th Terrace which, I guess, 27 C Terriace..,:- UNIDENTIFIED SPEAKER: Twenty-eighth Street, 27th Lane, 27thTerracIs 1i orrace and Mayor-. Suarez: 01;..:� But, this one specifically, Is:, 27t ,T arrived there, 21-- Just want, to mention': this Interestingly for the;,. record thp, A . was. -there,,, and T---donit,)c had -.just;, -been --broken into and-our,Police-.Departm6nt if 'they didn,,� t a guP!k.;z 'Ahat:tmeans;anything I don't if:athey' ;'staged but;*..: UNIDENTIFIED SPEAKER: Block off all the streets.then.. MW Mayor Suarez::, �Yesj and then I asked, well, wouldn't it make,, sense to -block_'' off, 27th Terrace also and then they gave me all kinds of interesting. -reasons. 4 that. -should not ;,be the case,. but let me'. not prejudice, ., piCany more and T.Set.to...,_anything else•from the staff? . 28th Street and also 27th'Lane) Mr. Kay.: On 28th.Street Item :.wws% real ly brought ,was, a-- deferred wa,C item and- -At S because 'you,had .-requested more--informatiQn. You,. wanted - to kno'a tjaffic:count:was .on -S.W.- 28th Street.both, prior to", .the; insta at. barricades- -to, the, south and,,af ter the. ;installation. Now,:thii'- 4"fo been,,� provided-, t*.- you. .;Admittedly, ;.thisone -shot.--couht'�64t.-,-. ijog - showed -a.-drop 7.off bout -. a- little,--un4px: 40Q-ve#ip;�a- rday W oniotore!..- ft vhtc'h�,:streets7,. 'Mr.4-..- Ka woo, 0� St root. Y h Aa �4 xs (or ThOm `x. j, �T T -com 6, z�, f77777 .tj.: Mr. Kay:, Dade County ,Public storks is considering that a main feeder street, trot, t don`t think you consider it an arterial as you would Tigertaii *van r,r.. !mayor Suarea: A wain feeder, we got that. that was the count afterwardal Mr. Rayt Ohs thousand three hundred and fifty-three vehicles per day after .,._ the barricades were installed. I can't give you a reason for it. Mayor Suarez: Barricades installed as they are now on the southern group here. 3 Mr. Kay: Right. jMayor Suarez: Or eastern, or whatever it is. ' Mr. Kay: I think that the, anticipation was that people were expecting the count to be higher and not lower due to the barricades being installed. Mayor Suarez: I gather that .some residents are going to insist that it is, despite our counting maybe because our counting wasn't too good or something, God knows. OK, to the extent possible - well, first of all, let's concentrate on PZ-23 and to the extent possible those in favor and against, both ways,. y identify if you're in favor or against just to keep us from being too confused and. then after the first speaker, try not to be repetitive and you can always come -up and give your name and address and say he liked the prior speaker, I'm — against or in favor, and we'll just go from side to side. I can't think of ' any other system at 8:15 after a long day. Maybe if it was another time, I could think .of a better system. ' UNIDENTIFIED SPEAKER: If I may, since PZ-24 is the central issue, it affects �. 23 and 25. If you start there.. ` Mayor, Suarezi Well, : I guess we're going: to hear,. that , it isn't, '- procedurally, I have a feeling we're not -.,going to vote on any of them-tiii -; we've -heard, about all, three which is what Commissioner Plummer was-saying,but let's start with PZ-23. Mr.'. Jerry 1Sticoviche My names' Jerry Sticovich, I live at 2505 S.W. ,28th :. -'; Street. I just, handed you a study that I conducted. The document I' handed'-::.; out the first paragraph deals with the issue that there . is a traffic problem on S.W.:. 28th Street. The second- paragraph deals with my ,credentials. i have a'. biography ,of what I do on ' the back'. Just to read `it very briefly, I'.teach. statistics in industry. I .consult organizations on statistical. desi h:, _ ,x • . Y • 8 8 —; think I'iti qualified to do a traf f is � volume study. '' = —i: Mayor Suarez: You ,could leave that resume, but we. don't have any., openings.'. %. right :now,' but go ahead Mr: Sticovich: When you got ityou got*my resume there. OK so again,- I. just _want to, point out .that I,know what I'm,doing and prof essionally.capable of.providing the study that I'did provide to you. I'made some observations is '. front of my house which is approximately, in front of 2505 S.W.-28th Street-::: If you .look. up on the overhead transparency,, .you'll, see., where . I.. _,2iave--. the;:: :` = ''' :' nurcber 100 feet. marked off on S.W.. 28th Street. What .I did` is, ;-x put''v`, brae chalklines on the street a hundred feet apart, . started' timing, the '.era! iG C� t that was going.'throu h my neighborhood at various ¢ titnes''and they.!re:lii�i;e tthtesudY thatIprovided toyou'. To g�t. down to, the - results'. wliatit."::' ao- 'E o - `would 'you ut that on` the t a he - Y tP i nsparen y up; t Il.i�as' eiverm a .speed in. arm of a per r Now,- if 6 t aJ m es a hau :ypu 'looµ these =I .,fH .':'. arcane° of :tti c r ttia 5'` p. e' s. s t, go :down . S: W: ' 28'th Street "arav in excess : oir: `k:, < ' That a: one. out `.o eight Tha ' woul "TM ` _ . per. hour. f,: g y' d' be b :oakin t a4 # efi: is a main artery • - r �tR •Sy� , ".4...' s i,.,' ',. .. • , ..^ a, Mayor Suarez: Tt�att'ws''28ttt'.Street and what"Avenue .'t :l T' •C - ..fr`Ri. b' t cov :. r' XF M S ah "The s::'S. W. : 2 th 'a _ t 8 Strat:'ewp,e,it�d +Areni�a'`. - ;Avenue ;iihs1: 27th Ave' e: tThet�"� in r ,<.•(�.�,,,j•, '' 1?4� �, f OA�:'. o�''m�►''•�Oliss;� �.�S��yA��'. .ErC�.���`"t•(? Q€, e.�B►t,' ;ore hctislgpb ny_�r k5 �nlas , pe. hour+ You .cazi,.:B+�e tt►e f!�*yy`�r xT.�• $?`t.." ¢ • , - - t hen �+""iN':•=a--rid-v Y. Va...;d f gu'irQs' ,u there, Wbat it #:oi s do p: 1. wn too �'rrce s�i�t,; :� ':house 'use `.k `akin :tha;lav; No1� ii ,:s" 9" y,o �4Fp��?Q�'-•:Sr., t►er ''dan`fervus..:situati VbutS - _ y, �..: _�n'�rQ�it ''i��.�.�+�;�hAuise' i P !, 4., Y _ -'•r.R . r r: y - Y.. 1 • F _ ) . _ •'{ ;' is �' 7t& t - -9 r 11 ! 'x 1- Y tiL Y S, M 1. l -J in- f' ..� Mom• 1 { 1 Fl ray neighbors. Just trying to walk across the street I've been garb come .E. tipping by beeping at the because I'm in their ray. The second issue I want to deal with - one is the speed, OK and that's the one issue I wanted to deal with - it's a very dangerous situation. You received a letter from ter. David Thomason, 'April 21th. I can't verify any of the things he says in hate statistically but he mentions things like drugs being sold on the street, beat tans, beer bottles, vre've gone through this a hundred titles -again, it's 811 { there and i think it's due to the amount of traffic. " Mayor Suarest Can you su marize, please? Mr. Sticovich: OK. The second issue I want to deal with are these traffic volume studies. if you look up on the transparency, you'll see where the , ' traffic counters were located, OK. The problem with where the traffic counters are located are listed there. Just taking 24th Avenue alone, any of the cars coming off of U.S. i turning east or vest, do not get counted. Any of the cars coming off of 27th Avenue turning onto Lucaya do not get counted. These figures of 1353 and 1728, add 21 percent to that. I've got figures in here that the 1353 could easily exceed 1800 cars a day. I think the traffic t studies before or after, if the counters were located where they're located, _ they underestimate the volume of traffic that goes on those streets. ' 20 Mayor Suarez: Of course, that doesn't really help us in any way. If it's some percent reduction both before and after because what we're trying to determine... Mr. Sticovich: No, increase. Mayor Suarez: ... is a trend, not a... Mr. Sticovich: Increase - no, my issue is there's a traffic problem on mq street, with or without the barricades. My argument is, we've been here, for the last 8 months and nobody will deal with it. I"just want to let you' know how serious it is. OK, so one, we've got the speeders, we've gotten the, people breaking, the law. Two, the volume has been understated. The -other issue I 'just want to bring up and I'll be very brief, is I want° to "know, what's going to happen - my understanding is 27th Avenue is going to be,. widened, -is"that correct? -in Mayor Suarez: Well, that's been the works. Mr Sticovich: It's in the works.- There's a triangular,plot of property. Mayor Suarez: There's" a lot of us that don't think they should be .widened , verymuch,' but... ry Mr. Sticovich: "'I don't -either, because queueing theory.proves that if you._ increase the number of .servers, you're still going to get the increased-` traf f ic' volume . ?: Mayor Suarez: I was afraid you were going to get into queueing theory' Go ahead. ` Mr. Sticovich: The other issue, there's a triangular plot of property, that is" 1 just west of,27th Avenue. Nobody knows what's_ oin to ha en to it, but it's:-_ j, y g.: g pP � - . .. in a prime location, it's commercial. If that turns into offices or shopping centers,- that's going to generate traffic. Twenty`everith' gate wide�ied, that's going"to'generate traffic. "There's currently cwomercial.property right: onthe corner of 27th Avenue .and 28th Street. 'That 'generates more traffic, S" I'd "like ` to''know what's " going to happen to ray house , three , to' f ive-:years„' .from now";because_my wife - telling me, Jerry, fix. the. kitchen and, the,,bathroom 4nd`„ { Mayor"Suarez t . I wouli! do .that if I were ; you.. ". s st E Mr Sticovich: ...- I can:'t do that bekq cause i�'" it -goes comfttcLal a��i�� goiing';ta `pay'mora for ``th`�it arid' I want` tQ know "what 'to do. 7r r� t MaSr yourayor;uaragtatemeht. �hr* 1= Mr Stiuovich: Thank` you 7 nrr- ��1� t _ a Mr. Plummer: Fix the kitchen. Mr. Carl Lamberts 1res, I'm Carl Lambert, 2500 S.W. 28th Street. Ve'Ve Otte ; through these meetings, waited, we've all come over here waited from titee to time patiently►. We want to know, basically, what you're going to do for us. We have all these people that some are for barricades, some are against, but we need some relief on our street and we feel we are entitled, under this ordieancei to be treated the same tray as these people on these other street* are. If they are entitled to barricades, then we're entitled to barricades: If barricades are not the solution, then we should be treated the same way as they are in an effort to come up with a reasonable solution, I myself, went, down and talked to Jim Kay in his office and we discussed a diverter Which _ Commissioner Plummer's familiar with that concept. And I wrote Mr. Kay a letter which we drafted and I would like to pass the copies to the Commissioners so they can see what Mr. Kay and I have put in this letter. Mr. Plummer: You say diverter, you're speaking of the Oregon Plan? i. Mr. Lambert: It's really the Salem Plan. Mayor Suarez: Vell, that's in the same state, I think. The last shall be first. Mr. Lambert: Basically, the diverter would move traffic coming east on 28th Street out to 26th Avenue and out to u.S. 1. It would move traffic coming, I believe, from 22nd to 27th Avenue onto 26th Avenue... I Mayor Suarez: What's the definition .of a diverter?. What does it look like?. Mr. Plummer: It's half way across the street. Mr. Lambert: Half way across. It would be a triangle shape. Mr. Mayor, if you were driving down 28th Street from 22nd to 27th Avenue.,. Mayor Suarez: Heading west. Mr. Lambert:. Correct. And you came to the -intersection of-26th Avenue you' would,be.forced to turn out�and go to U.S.,1:. You<would turn right and, go out to. U.S.: I.. If. you were coming from Burger King headed.:toward 22nd Avenue ` Mayor Suarez: And you cannot go over it, I mean, it's not encouraging you to r. go, it's telling you you cannot.' Mr. Plummer: Exactly. Mr. Lambert: You would be.. a Mayor Suarez: And it cuts diagonally across, as J.L. has drawn it'here. i Mr..Lambert: .Correct. Mayor_Suarez.t Either that or he's trying to confuse me, one of the two Mr., Lamberts It could be in several different forms. It could, .at first,, b t temporary till we see how it works. And I talked with Mr. Kay and we s6t down; 3 and looked. at, this and., he said that they had no objection to it. Attd it't+ �r Y rtx worked in many,other cities. •� �$ Mayor,Suarez . OK, -thank -,you.; s,p U Y Y 1L IDSMTIFIEA SPEAKERS My name I Mr, Dawkins: fir. Mayor. tiff. PlugA►er: Mkt. .Mayor-,: a� 'tried -.to ..install the; divortex a�tuatls�` ��►�r �► � i��+ f aelghbor#�aod and tb�; people xeFe opposed ;to it: Y Mcx Plw�age .r. bur ne;ghborhoo�l.. �r x sr jjj eyQr, t Su+gt:eBa-,Too`:rWere - t In to dlYort' T r 9 _., `Ett..x,'• - .. -rya., `,�.;;.:'%*.'<i%`'_-.r..;-?S"'i:• . qt: Mr'. Flummer: The problem is, that the diverter, in effect, does - it'ii a opt of a barricade . but not as offensive as a barricade. Would it f*6rkt You h6#6 to gb further that: gust the diverter. You have to go with a series of Fdiverters and cul�de-sacs. Mayor Suaroat Was it tried an,a trial basis at one point? Mr. Plumcert No. Mayor Suarez: Just considered, it was contemplated. Mr. Plum ort Yes, in other words, in this particular case here, as I shoved_ you on that map, on 26th Street if you were going west on 28th Street, when °Ys you got to 26th Avenue that diverter would mandate that you have to turn right and go back out to Dixie Highway. UNIDENTIFIED SPEAKER: 'So it's a barricade. Mr. Plummer: OK? Which, in effect, is a barricade. You can't traverse completely on that. street. Now, if that was there, i don't think anybody would use that kind of a situation. Yet, it doesn't speak to 27th Terrace, nor twenty:.. UNIDENTIFIED SPEAKER: ...seventh Lane. i. Mr. Plummer: Twenty-seventh Lane. And 'I don't know how you could 'do a diverter there that would be fair to the residents. The only way you could do' it would be through a series of one-way streets that you could do. You could. '. g Y >: }' do. it with cul-de-sacs, one way streets and diverters., What you're doing is, you're not in any way denying the public the access to public streets. (Applause) Mr. Plummer: Wait a minute, wait a minute. What you are doing Is making it :A ? damn:.,,inconvenient- if theq-want'to.go that.way rather than. a normal floe►. ! Mayor ' Suarez:.., If they! re snot ,people ,goring into the .neighborhood } or even: this Yt people going,. Into,.: the ,neighborhood might have to go a little `longer but 'a certainl the eo le not:� going into'the nei hborhood.would be'discoura ed.from:. y: people g 8 8 g. driv.ing., through ;:because it, ,would,, take them forever, even if they .could, find ---" �ahe,ir wa t _ r,:,,• ,.,..-..::'.ram. _ • :v 4 E� '.{ . Mr, Plummer:, Correct..._ UNIDENTIFIED 'SPEAKER: Am I on?rRO Mayor.8uazez,:.: It's .like .a maze; ,like,gou're creating a maze,; I`guess' f. Mr. Frank Barron: My .name ..is Frank .Barron, .my address is 2470 S. .:.' '"- Two=seven, :'> k ,!" Terrace.., I oppose `the .barricades.._ .. I .oppose them on.: aestlietic�"and -practical._ and,philosophic,reasons. ..As.J.•L..noted. these are public streets, they ,ought 1_`wti,,JS to'have public •access... Mr. 'ron: - ... j. Havana, the people. from Allapettakt, Barthe people from . Little people from South Grove, we can go on their streets; :,they . ought: to;:ba'";ale: i go on: ,-ours. Thi.tk . Q#; .the precedents ware:',mettiag xhen :,barrior Does_ t#:at-.'mean. ,that every aeigtipar2�ood shall. but 'ups f arriers?, Ne - ,�„"c '. ,. s':creepiag :iso,ation#sm poop ing:"nta,. oar. cc�itanaty.'s' a=:vhci, u+;� 31 .. h L . - . d ra t POsurcf � F: .can ali'-.have' ,our own s�vate lielic tera?=' There ;iti P op it= -might. be somQtiimes elitism. Trafficitleod,er" t : problem :but `there are sometimes ultario�c �dotiyas: 1. don t pAstloy, r r} ,i' ;hat'.: �Is�'Ye i.l,r; e. rat 4e P ? l c, :�i ease o ► ; . he�`' ire;; De#eAX _ r : =aAd sae;fpncy:; .5grviO4;;:-81P -E r _ oP�°i d' LR 'th. ;becagse 'iG tpakea.':Xiie very.:dif icu t-`, or,. theq!' .a$ap +pis ..`s ." ^l�: — -..AS"� .- garbage.`mod,. trash,,, i.nieaa,°'.it p'�iad'..ea�uQQt� to #�eva:a;gar?eQe;�ty r dA.IIa; 8r�+�t,::µx' the)! hevso,P �: i . ,-t:... , rr,,:. Nt,.s -. _s.:.wsy,.,, t'�• 'gii':'tur ':`sruun I; don'..t::eta ties,:'.lisski +� ;"iH vp r , n. a'v>'. '.; _�.. `.�'. i,', _ -'� ...�, .' O p V w �moi' �.. o��:..��. :r'i �t A -P\ ;s y`s ,f R r a _ _ .,_ ;r:•.,. _.. .: ...: .. ..,,1. ,.-. .. ... is — 1 { Mayor Euareltt Although you do have your own car off the street and onto the Shoulder there. Mr. Barron: As far as I can gat it. The barricades, quite frankly,. ara unwarranted. There to the facts support, with the possible exception of this gentleman's speed studys there are no warrants for these barricades. gha roadway capacity is not nearly filled and in specific, 28th Street has a far higher capacity than adjacent streets in the area. Its swales are ruder and It provides ample off street parking. For example, our street is curved, the scales, indeed, themselves are narrower, the parking must occur on street and what you have is an effective car lane width of about seven and a half to eight feet wide per ear as opposed to twelve and a half. Mayor Suareat Are you wrapping up, please? Mr. Barron: I'm wrapping up. There is the issue of urban versus suburban living. We do, indeed, live in a very urbanizing area. This is not Kendall, folks, this is the City of Miami. UNIDENTIFIED SPEAKER: Kendall's worse. Mr. Barron: This is an area that is growing. J.L., earlier you noted that change is a recurrent theme in a community such as ours. This is just but one manifestation of that change that we have growth and we have development and we have increases in people and People increasers produce all the fallouts and side effects of it, traffic being merely one of them. More building, more people, more traffic. Public streets... Mr. Plummer:Yes, but - well, I'll wait till you're finished, OK? Mr. Barron: Public streets. One other item... Mayor Suarez: Last item, please, quick. Mr. Barron: ::. who decides the public streets? These are the City;of='ki`apni streets:.' In several other areas they have had' their own_'. citywide. `elections _ r and are,`. we going to den other 6 g y people access to ` our streets ;-within community .strictly because we feel..: • . _ ;_,.;ti. Mayor Suarez: ' Well, .we tried that and it was found unconstitutional:..` can't actuallyden them access. We could sort of discourage oin Y g B. 8. nuf'we' can't. deny them access. That was tried and it was _a good ,thing'; it; _ ,�. ;•,. was found unconstitutional because my wife was threateningto, have. -a-press _ ,;'•_.;:,';�;tY{�, conference and.'.. y r: Mr. Barron: Finally, one point.,. NIMBY, you know what a NIMBY'is?. Not in`my. back -yard -and,--unfortunately, 'the. occurrence of a barrier on any. street.:':::, creates adjacency problems and everybody says, hey, they got it,, ,I„ don't It , not In my back yard, you, yourself visited my street: You `saw the'°access from U.S. 1. U.S. `1's a' little bit more traveled than 27th Avenue::, Iwould suppect_.that,the_ cars go a little bit faster flying -off there,than'they do„on Thank you.' ;i Mayor Suarez: We got the basic idea. Thank you. (Applause) Mr. Piummera " Let me 'just: 2 don't 'know if I'm` rebutting or."*hat 'but when: T ; u r said the changes take place, I agree with that: But . Z ,still, you'.`know; ~;'iiavie` th'is' feeling' in the., back of my`mind that reiiidential`psople .have .the, fight fight to keep their residence. residelntial.. Y!?t';ar A se r, Mummer: M collea es .here head he•''s o -14 f`3<:•.t ° < �. Y _�4 r •t r' and I.1'1;� is t,.,v identi#iF atreets''ez desi` ned`'to c �,. e_ g- a�rry' �0".:to`r�x�p�'4��:'�:-�-:��► r to-.teM//��Y't0¢t?,y.'e's Ps. x , A I LB. CO S T' INTO•t �r+. N vA �. MMT,Q FI�TRED.` I/7. p�/�Q J"fi •+ sf •.f I� k F .tf'• ^c T". .i . x luApn r,-„ Who t.'a' t e,' _w i. to uu a Iis:'th�t.�'aora�ea , d y� V _ P•'dr 7'n e of i �i1f, .r ,, r ,•- r' s �a r ar .,i'�h(. 7 i y r"�, y$: ;ta•��.r�+�/ .�w.''fi r _ :4z'.✓.:�.k2,. ' l' 1 - - _ "•ktii`r�`Ml, '%yJ - err ti Mt. Kay: As a rule of thumb. sue. Mr. Plugger: Yes, as a rule of thumb, three to five hundred cane a day. _ iifottunately, the change that has occurred, the streets have not kept up with :. the amount of traffic and I will tell you at Haliissee and Tigertail is harrying 3,006 ears a'day designed to carry three to five hundred. That'ts _ what* the problem is. lit. Barron: dell, I8th Street was platted differently. It's a vider street, >; It's made to create more... It's a direct shot, 22 to 27. Mayor Suntan: OK, we've heard, sir, Mr. Barron, go ahead, air. Mr. Plummer: Yes, but the other street is what we're talking to. Mayor Suarez: OK. A Mr. Bob Healey: OK, my name is Bob Healey and I live on the corner of 28th Street and 24th Avenue for 30 years. I personally don't want to becomo.a victim of the barricades. If we're going to have barricades, we should all - hive them and it's the only fair way to do it. If we're not, we're not. I don't want to be a victim of assessments... (Applause) Mr. Healey:" ... for people who want barricades and we're not going to get . them. And there's all kinds of rumors about how much we're going to be assessed'if you put these barricades in. I've heard as high as $22,000 which, of course, is ridiculous. I've lived there a long time. I lived there... Mayor Suarers What about the assessments, just so we get that on the record. What is an estimated amount of assessment for the property owners in that 96uthern-group of barricades which I guess is PZ-23? Kay: If we're looking, at all the intersections in the southern group'.�aad_: I'll •include';Jeffersori atat Street. That would be ten intersections, 10 locations, and we've estimated -between seven and eight thousand dollars•per' r closure. mayor Suarez: Per closure. Mr. Kay: Yes.' Mayor Suarez.: And how does that get divied up among the residents?Vl Mr. KaysWe have not yet determined a method of funding and that is problem ';ORig that some of them will . have . to face. !_ Mayor'`Suarers Mr: Johnson is not going to fund all.of them back there?' He ;, offered .to do, I guess, some of the temporary ones. You paid for your; -two?.;. _ ;"'y INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor .Suarez:_ I thought you were going to fund this whole process. OK,. go ahI. *ad. 'm sorry,'so it's totally indeterminate how.ve vould fund them? I` lst mean, it ! s either the ' City or no other particular... ` there's no `assessable ' system ` is there?' -It's not. like we do a public work .improvement, tax rolls and then just assess them against anybody, rights That's:apt..: r. ''Kayr The problem is, is decidin -who benefits from it. .. .. - - - _ - ^t'�•.' � ..FPS r. $er 'ip Rode u z w 11 a ;Eo it. ;_.. .S. #8. +� =.Who i . ,.P � r - _•- = _ j�°-�-�� _ - �:,s.q. x:•_�'„''xH�Y�`'�-+a sue?; ,y . - A-1 . 4 RXx•� s ru r» ha-" e 1 whp.�beaefit � oiu' it h u d" o :•�:=:';�'. -_- _ ti K�y � 4P ;�r s _P 1 pay:_ � r :•f.t t. i u tz' an s Ji tLt.?,, f. - - -_:•SKI _ f ..s rye' i - •: Zts '+ye t' r Kip . I ,',`; � h�a` o 'm ins ' �rhu "etde 't$°: f t• Mtn; = 5� by t y a 5 r, - i. . . pp arty F3f t •ems. $ ax _ ,F r,T +> 1 I 'r 1 J •� s i}I t o _ j- '''r to •, ,T.,°•� ^:, q; ,` "• � ; � � yS:-L: - .!+?:]:__ i;;ii !3%: %: KG c. T?S '.a.^fa.'-: �" .h• __ _ A 57g IT, 4 . . . . . . . . . . M&ybt SU&tott Why tr#i you asking? I'm asking YOU A 4USStibbs You're ma ion. a Auest Mr. Kay: I know, that's the problem we're having. Mayor Suarest I need an answer. Mtf ftariguoze we're having is that The question is, the problem that we tannot establish who is the person that will be benefiting from it betause: We' have never in the ease of a street improvement, Mayor Sutrets What you're saying It, there's no precedent for this? We don't know how we're going to do It? Mr. Rodriguez: No, we don't have it. Mr. Ktyi What happened up at... 14 7— Mayor Suarest -This is the first time anybody raises the question, I mean; whole goingto pay?, Or was the assumption that the City was just going to'P&y it we, decided to implement it? Mr. Rodriguez* In "the past, you decided that the group would pay for it in the -first time that`when this issue was brought before your attention. A Mayor Suarez: But that was temporary, weren't they, or were they permanent? Mr. Plummer: Yes, temporary. Mr. Kay: The City of Miami paid for the temporary barricades. You're paying for them now. The permanent barricades that are In -place in Belle.- Meade Mayor Suarez: Who paid for those? Mr.. Kayr The City of Miami paid .for those. �: That I a., when: � ws.� had highway, — general obligation bond funds in --sufficient, amounts.'to do smal 1 projects {like ,;', -V A that. mayor I:Suarezr ',Lknow: about-your'problems with funding. 4 ave, none.;:, Mr'.��.,,,Kay: We h Mayor�'Suarez:'-. 1,just wanted ,to,know what the .precandents verei.- r -saying?, he -City's Mr,- Healey:.. 'So, the going: to, pay, is that what -you're' Hr�:De- Yurre:,, No. g Mr 'Plummer:. We didn't say -that. (Applause) Mr. -Healays Well, ,that's what he said. Mayor Suarezi Just said that in one -other-case that �At- vaw- done when 4 -2 money' in::the Public_ Works -.1japrovem'ent fund'., ,,:-the ,.City' paid: for, -your presentation. X make D i,. Mi..,Hsale y: An ay,!, yw Mayor"Suarst; .-R, '�yhow:- ut". a it" was &,':very,- good.i' Z: V questipn,!;'cert_ -4: urthsr,,jf��'other �,:tboy_� p :4'lill Q4t-,4V'- V� :�'k than ithati", ut� .4 a) 06U td.." HH s. 5 g." 4. g 1. TwOnty7e 1.41 , kL lily; - 10, i1R. Mr. Mealeyt Twenty --fourth Avenue and 28th St. You could out a p6liceffistl titers and collect enough tboney to pay all your salaries for the rest of your life for people Who don't stop, they don't observe it. Mr. be ?urrai it wouldn't take such. Mr. itealeyi Less than 30 percent are observing it and even they don't make a full stop. They slog up and go. I personally, have had animals killed, I've had my cars run into. My property's been run over by people. We need some Protection. Zither you're going to open the whole thing up and let us live the way we've been doing or you're going to close us all up. It's the only fair way to do it. (Applause) Mr. Healey: And that's it. And I hope if you do it, that you're paying, not us. I'm already paying very high real estate taxes there. Thank you. Mr. Mark Powell: My name is Mark Powell. I live 2260 S.W. 28th Street. And I just wanted to make one comment about the one of the concerns about emergency vehicles, solid waste vehicles, etcetera having to back up if 28th Street is blocked. If the barricade at Jefferson would be removed, it would allow those vehicles to turn around and to go down on the other street parallel to 28th Street there. That's one concern anyway. And it would also reduce the cost by one barricade. t. Mayor Suarez: Don't feel you have to use the full two minutes. If you can do it quicker, that's fine. The quicker, the better because we're going, to start getting pretty repetitive arguments. Ms. Marlene Cohn: My name is Marlene Cohn. I live at 2530 S.W. 28th Street. I -just, want to say that I'm in complete agreement with Mr. Healeyand .I believe that the City should pay for the barricades and also that all of.the neighbors who need them in the streets, that need them should get.„the _ barricades or none of us should have the barricades .because one street. _ directly influences another. But I just want to give you some facts from:my ovu;,you-know, living on this street:' Two times my cars have been hit:while:, they're in my driveway by people speeding down'the street and crashing into' a: the cars. '.One:'time .the person was caught, the ;other timerit:happened:in the: # middle of the night and he went away. One time my .four tires were taken I've -been burglarized three times on that street. I constantly :fInd ,trash,., ; riot just Druger`Kini, because:Burger.King's'-on:the:end,of the street, -cans and broken beer bottles that are thrown at my car sometimes '.by- people. who''.go to the Burger -King -and eat, have nothing to do with'the residential neighborhood',,:..r; speed down 28th Street and then get out on Dixie Highway. There's a rush,,hour . traffic. - 1 can't get out in the morning. It's the same rush, hour traffic. practically on Dixie Highway and coming home in the evening, I can hardly turn into -my driveway because cars are trying:to come..around:me very quickly'as..I making a right into my driveway. So we have to deal with more,problems than': r `; the -typical street and. I -think that we� need some protection for our: safety. .I. can't tell you how, many times I've practically, been hit, just� crossing thg street-by.speeding cars that come up. -onto r the easement and around... They, drive. like maniacs on the street and we definitely need some protection.< Mayor Suarez: You know, I have to say and then anyone may.want:;to address' this because it's an impression that I have from looking over all of this,` that, there is a little bit of a difference, in fact, there may, be'more ,than a r41`1 ti the bit- of aAifference between ''.the- =situation'under ;28th'.Stretet that; ►hat I ve been calling the southern roup'and--29th.Street and hi hepx tbA peapla' ��s' ' g 6 8 who' bought` on 28th =Stress -`as'r well' as the ;parallel istreets going :u�;,-27th�,aAd' 27th'- Terrace, and . so on . I think had: an expectation very near 'thoroughfare to O. S. l , and actually a)mos. ,°,parallel¢ Vhereas, ;the people:,:. who bought down in the " othat eras: hel `. :bean ,iob ........ streets, it's s I hewn `.to sap it's s muck►ieer% enviro�untzat, Tt ►s ► b d l ► �,N a . :expoctioa,; .I `sues,- and probably` .are=payit:g far: _ it 'i► tstma off, prop. ' assessments, I would think those properties ers.generally lorratuva: house much more eacpant;i+s in,.:the: area _'; bs1,iN8th Strtsat .#�#1�L. sliagoaal etteet$ aitd LUt k�4q�► -- sithgugh� ;of course,- I admit that if You. si9es -aft' the ones fn to, ►._ alth. soPortion - )Yv or) s `} f r�aaxetg .;a,, prQblatne.,for;_the.3'upperabutrh#tMITltAW ,"` ' + diftiak;. the people Wba' boagUt uaslor fhs�t� ► d' A ��8 s e � y ( } T KrR T4'3 e . la ,i1G�!-('I;}:1 �.Lj'S��,�'j4..�if?• •S_i`'y�x'.�'tyi�c3 .r { _ _ .''i:;; � " %',� i. T"t - mbre'_ seclusion than the people who bought right up ciose to W.S. 16 Anyway .. `. you look at.it, to close all the way up, which Would have been an alternatiwe� # eras impressed by the argument that Mrs Barron made that he's against tusking even his own street.: He'says that he's just against the whole conceptj.but t keep coming back to the. idea that the southern portion has really had an enhancement of its lifestyle by the barricades and... (Applause) r Mayor Suares: Anyhow... Mr. Healey: Mr. Mayor, we have the same expectations. Mayor Suarett but, that's just my views. Everybody's going to have a chance ,?4 to express... .x Mr. Healey: It's five blocks long, that street... ` Mayor Suarez: Please, please, sir, Mr. Healey. Go ahead, ma'am. Ms. Cynthia Shelley: My name is Cynthia Shelley and I'm representing the Coconut. Grove Homeowners Association. We've prepared a'package here in which we're talking about cost of closures and we want to address the issue of the _ police' emergency access. We really ,want to work with the police and all of the other emergency vehicles. We've put up a picture here for you to see' the possibilities that we're willing to work with. On the last page, I -believe, I've got a price estimate that we have gotten from Mr. Kay. He has broken it �! down for us per, item, breaking .up the pavement and cement, putting' 'in ' cement curbing and it only comes to like $2,300 dollars at the most. - We've.had•some trees donated. Mayor. Suarez: •'Is this the .conceptof whether emergency vehicle .in a tough''.', situation could go through? Is that the one? _ Ms. Shelley: ,Yes, yes, they can drive through it. ;, L Mayor Suarez: Yes.It's very attractive. Ms. Shelley: We've got rubber poles,up here for one at the side, you can >see _`'y:'• its,., angle.-•.,... Mayor -,Suarez:. What's. the:,cost'' factor. on this,.per :intersection? . S Ms.-Shelleys It,s;-about $2,300. And: then".we_ve;got one ..." 5<; Mayor Suarez: :And :a lot "of',landscape.. Ms.':Shelley; ,Welli.,welve gotten, that includes, landsc ping. '= a t Mrs. Kennedy: Assuming we give you the -landscaping, right?_ ,n;', s Mayor Suarez: Except it won't initially look. like this. ` Ms, ,'Shelley: Well, we'd like it to. '�'•: ,f°i-�n"°:?gin; Mayor. Suarez; It might: grow. -into this but,. Ho ._Shelley.; 7 Yes,: t ou d grow,-iptq_th*t. — Mayor •. Saulalyr=efozr: > T2 "304n0, _ timagine you! re'' g`oing to bu :t; h: erm 'that,, aRA i > `V ` I MB,►:+:Shop pt: 'Wei w v, {,rad'',4 of 'tn y .ik_T'i l#Adacapine� aT;separate. n 1a ;ti::.*n< f'r`€t '` r• {. r3��=.+''";x�"'"a''•, 5.` Q., '4r,. •'-� Pi4 - ,. �'�.� F�•'nq•..�:'`�.�':1'Y''it-kc a 7fi 31't{ta :ia?M1 �. �.Y - Ti.i q✓ - Me "F 'f: A ta',:p►an o!;'c 4 !'m0 `ht Orx bave .c . , g, Aix .^.,- qq � ,vQjs.�+���'0�?#t����!'•' ��fi3+ }'' a ,z — t' fir' �'<, f;..�.•.:.�i-"t';`;•• ,,•'K;'a"�`�r:> C - W S.i ^^-mF 't .. • y �t a s ,j) .a'` • yp r i1 7 t'' ,h?•:.:" 'Et •:r" �i,y''R` -Y.: - .;i:+T:`i �:ii';=''i'ir..:4�...'s: Noy r,, d�•4idslr.xAA,�ds►,� hi ;� nx~ ;; ;;'.,. _ _.�:'�:>�°? �. .4 tr tS - r ie • _ Y y. I' �K p J :Y l� - l f': tip•' 4t. •n t1y�" �7F'r tt p ,P -., i .- .. .. -." ., .. .i. _ .. ._. _ .... ._. •_._..._, _ra __ ,.,.. _.., '.`l::.._- t-J_.?:_.,...Y. .�k+L — - ,,tt" l <� * ; A.'. Yam, , k'� • '- - Asa Shelley: As inexpensive. We don't want it to be Mandatory payment from the neighbors. If we assume that responsibility, we want to do it as a ftmeovheiro Atsoociatl6n, fAI&6+ the money ourselves and have it not' ibe` ' a mandatory payment from anyone mho doesn't want to pay for it. V6 also hops °p that it will not - we dofi't y I mean, hope - we do not want it to ref leot oo - our taxes at all. I mean, we will vote against it. We don't want it to 'bli.,6i >t.� our -taxes. Mayor guarett Weil, that goes with the first - yea, with the first propasal . you made. Me, Shelley: OK... INAUDIBLE -COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: No, she's saying that they would try to get it from voluntary 1_ contribution and donations. E; Ms. Shelley: We have three people right now who are willing to pay for 'three closures - oh, five? Four closures. Their own closures. Mayor Suarez: Nor about Johnson? Is he not going to throw in one or two? -' Ms.`Shelley: Johnson's going to - I'm including Johnson on'that. ` Mayor Suarez: Oh, OK, all right. I thought we had him up to about three. Ms.' Shelley: So that limits us down to how many, four? That limits us to a ;Y very few and we would like to take responsibility for that- as a Homeowners' " Association: INAUDIBLE`COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Please, please. But. that is a concern obvious_1 i.. Responsibility doesn't mean liability, I don't think. Maybe somebody will. sue you. UNIDENTIFIED SPEAKER: Mayor, Commissioners. ._�•„s,, '=�.•: .. , . ,. _ . , ,_ _ _" is - - Mayor Suarez: -'I'tn sorry, did'you finish? "( I3s. Shelliey'i` We� need to preserve .our' nei hborhood. We do ' 8 n t.`'wihv-_-it•'tc'°, ,in:k`�`k `'.:' y become'.'_ it''of `27tli: Avenue', part `of Aviation. We ` don't want parking'`'lots''°iA _ back`,of Aviation°� . wel don't - want 'Aviation ° to '`creep' i to neighborhood; we don't`:...' y ..., - - `"'°" F ; Want-, the traffic::off of 'hviation`"and. 27th Avenue: We can't handle`.it; now `'%_Ve cn!t handle what they're going' to` put on 'our streets if `the :barricades.`corns`',_.,.:'::::'; down will all of that .will filter' dowlt, `further .on down; into >22nd Aveoue`:on: down into 'tiiose_`neighborhoods. 'And waS' feel like that i fe ga' atop;" ift►e': get a psychological'' barrier ` 'ss well as a' physical barrier, °'we" need'.`this: need" to stop' -it somewhere:• - Let tus have_' our nei hborhoods ., 6 �' =let neighborhood'. Let us be. united; let us be ''together: (Applause).. w Mayor Suarez: Please. We're going to try to get as many statements...as. we can:,_ although they're getting repetitive. xar.,b- Mr. John'Schoendorf: `Mayvr,!,Cdmmissioners, 'my name is. John Schoendorf ■ a Inagua. I ve' been a resident of the : North Grove ` `o ince '-:1958 brief exception.•. while=,.rI .waa:'in _ colle e, the', B I'• `iaatched:.t e G roV, i' th2 Q1� �?...`:�. } n ;. s;;"•.Fs. s, �_a .... Vida 'by ntlie =Ca riiissioners cl arige'` its`,com' lexiori"_ subatan i` t ,4,..... ewes t on they- have P ay;.:: .: i1iLh°:ar�sr �--�,z LL� P y va .maintained', what is al�rayp. a delicate balaaca `" ,.k�}= 'N sg W r eonnmercialr acid.residentIO ,41vi'n '` to ether:' I 't " + " x r B'' B. a nK,_: whav :we.:. C0�:00 1 s, € heie is�t'rying-todeli`oa � �f`;� �r xe' `balance. I aon t� reokXy,.`sAnt ,to stop ..commexd.ial frgm tQ`wlti `use 6 �:. tie�aa. it' a a #adt have To'',liv,e w �r, tt' =but, ' iriiat :' wa re', is t9 _ Wis �. Bh. a r m `'`ca sin' : _•:. xX ` y/. "f. Pt _t��:=.ttia�`eixea''v�T - - ,. ':l'` .`C" :,i. - - •P, � � �?�.,�,. .z�:fisay..•� m a�'ze�i�ceaeutat��►e„q�=: :Jrgmh �.�� ?�� 4..�;�;'a:• sub tsar h�#mb_ r there :iau bivaR. p e. is s e. r'. or,nix . "p4oAre �r•>f,;rlr.. - seetai'fie.ciiiggiio }.} Y i�a.:pt s an'sl 0 w t. a t. •.s� u ei`4'.:. _. �:, .'_._': :..: ,:,. v ,': .- � :: � •�� �- � - .>�"� ;v=:a s`� �'s:��t�,r� s _ r - .4. R. .`V r •Pi S .i 'A' y 7 f'' - r a�•: 1t . 4 (' i • f't'� .ew+�Yi{•'''r k "v r (Applause) Mr. Schoandorft Where's an old saying that you all have heard too many times with, other things, no pain, no gain. There's certainly going to be at Inconvenience for atky number of us, whether you close off 28th Street or the other side streets. but I think the price to pay is worth it because sin Will have a better quality of life and I don't think that means that we're trythi to separate ourselves from the rest of the community. It's just trying to preserve something, we're not trying to stop infringement, we're just trying to reduce it a little bit. Thank you. Mayor Suarez: Thank you for your statement. Mr. Tim Facto: My name's Tim Facto, I live at 2542 Swanson Avenue in the Grove. I think one thing that's being missed here is that these closures are In direct response to the rezoning of 27th Avenue and when I'm in my back yard, I look up and I see a 22 story building right above me there and I think that it's the rezoning of that area that is going to, not just now, but in the future, going to create such an impact on us that we need a buffer zone from all that commercial rezoning that you've made there. Actually, the original idea for these closures was from the Planning Department when the whole rezoning of 27th Avenue was being thought up. If this area were being planned f: a today as a new residential area, there would be less access to our area than _ there is with the closures. I mean a new subdivision, there'd just be a few entrances so there was no through traffic and that's what we're trying to'do i The Fire and Rescue station is on Aviation Avenue, for them to get into our neighborhood - I mean Tigertail, Tigertail - for them to get into our neigborhood, it's the longest place is six blocks, short blocks, those are end (i street blocks. So I don't think that's a problem. The normal way for them to !' come•in would be down Tigertail and into the neighborhood so I just, with all — the rezoning that's going on on 27th Avenue and Bayshore, I just hope that you ( can give us these barricades to help us isolate ourselves. Thank you. (Applause) _ Mr. -Phil Rosenfeld: Mr. Mayor; Commissioner, mq name' is Phil' Rosenfeld, I'm' !; at 2421 Inagua Avenue. I think I have a plan that can help consolidate all-, threif of these"tromps in a little bit. If I may, I'll move over to the chart': and _kind of demonstrate it. The south closures that you've indicated, Mr. Mayor; 'down here and down here, are absolutely essential' for keeping the commercial` traffic 'from cutting through the neighborhood. One,. of the' -„ disadvantages that is it has forced more traffic onto 28th Street: By eliminating ,the closure at Jefferson, which isn't necessary it was there..,..,..k_ first' 'but' with our southbound closures, no one's` cutting through here anq; N?� more to get to this commercial area. By eliminating this closure right here, 1 by''putting a four way stop at this intersection, you've aow'slowed traffic =h''s Mr. Healey and another speaker have said that cars are speeding through here,. As here's the -Burger King. They're .not wrong. But 'by putting another stop sign—`4' ■_ j on 28th Street they're y going to make 28th Street very inconvenient for the T, cutters through. By keeping the barricades' up people that are willing to take the inconvenience to save that extra couple of minutes, can't,, get"- ,'4p: $I through. `chat you've accomplished in thin way is open this neighborhood.up- for people to get out. Those are for residents to get to get in and out, pet`' r. you've still kept the commercial traffic from cutting through` ,aa f Mayor Suarez: I'll tell you what you... �'-- .. Mr. Rosenfeld: But we're all.in... Mayor Suarez% I'll tell you what you've accomplished, you've managed to-., x+ our little map there.'with'all 'your rscribbl`ing � r Mr. Rosenfeld%`: It 'er8ses, real 'easily. . t'm -the keepar of the charts t�inl htefi �,i �sr b By 'putting' another stogy "Xi:gn,.four way hers -or.,three why, you%ve {t(}}, neighborhood up for resentsavid st3il' kopt it closed-; } „ss wliare they re absolutely easeAtln r, i F�.; trans'ienta. You ve� got tte barricad I n those plane`s that you send to .have traffic getting thrflugh;;. a little more Inconvenient; but not significantly so for anybouyt z ,r .;94 Mayox Bunrezt So pou're sky !ng 'of the thraa� uppdr° tier' s nes;` )rtatt4 ra�,, 1} oniq. ,. 165 pl �rsi,..... -. .... ,. •.. - .. _ ... _'i.,r ,. r'..r ....., ..._.��w,.�i°c��Y �y Y.dv,Cg r.� Mr. 1t6aehfaldt 2 would losve... I don't want 21, vhidh is these two aioiurti. I aon•i vaht'IS, which is this closure to be ,bade permanent. Mayor Suaret: 1 flee, oh, btt. Mr. ftonenfaldi Ilut with a stop sign right here, you've closed 28th Street down to convenient transient traffic, through traffic. You've... Mr. Plummert Forget it. Forget it: You go to the intersection of Haliissee and Tigertall where there's a four way stop, has been for a year... Mr. Rosenfeld: And I nearly got killed on that intersection by someone running the four way stop. Mr. Plummer: You damn right, they've run it all day long. UNIDENTIFIED SPEAKER: Where are the police? Mr. Rosenfeld: The police are now enforcing the stop sign that's right here'. They've given them a lot of tickets in the last few weeks and we need more help there, I won't deny it. But what we found is a way to slow things down and help. Twenty-eighth Street, if you put another stop sign on it, it s going to slow traffic down more.. The gentleman who spoke about traffic going . too fast by his house, he's not wrong. Let's slow it down and a stop sign slows traffic down. We don't want to stop traffic, we want to slow it down. t UNIDENTIFIED SPEAKER: It hasn't worked. Mr. Plummer: Let me'ask Jim a question. 4 i Mr. Rosenfeld: Thank you. Mr. Plummer: Jim, on 27th Terrace and 27th 'Lane - sll right,` tell me where .I ;. would be wrong, if you made those two streets one way going north; why.. wouldn't it basically accomplish the same thing? Without barricades? Mr. ,Kays You,mean east, west? -= --;. Mr. ,Plummer: Well, what _you call east or north. Because the. problem..there.`is basic'sl'iy not the traffic that is 'coming off of Dixie,. it's the traffic trying f to. get, .to Dixie. - `UNIDENTIFIED SPEAKER-: There's a Burger -King on.tventy..'.. " UNIDENTIFIED SPEAKER: You could make it go .the other 'way, one way. w 4 UNIDENTIFIED SPEAKER: Not'on-27th Terrace, you 'can't do that. Mr. Plummer: No, on 27th Terrace you can't get 'to Dixie. f UNIDENTIFIED"SPEAKER: Well not. s,,r,',4p'F• ` Mr. Piummer: I'll tell you something, I ;still like the. diverters..:' I'really.:;:;_.;;,:;.;,:;;; - do'. , You don't deny, people the accerss; you just make it inconvenient:: - 14r. .Kays Let me tell ;.you something.. Mr. Pl. s.. d 'that's hat" ou're ummar ;An y . trying to :do: make -'.'a hint: 4.,.,{,.... trlr..,.Kay: May I_p with'_'respect to the.. �.: =:The;' o>�il � .��t4� cations 'where `our' d artnien was' es t Ya h ep t ked:' o . look at the +divertars ; ivae ei' to :aaci. ;inn• -CO a . r 1.'.'Gate, Those •two ':s bdivisiozis : if ou: ;1" '`„ . they ' .h y•rs all'''Curvetl`'liaear'stree dot. rPo'0�ous, tea rb � y'. Atexpg9t. ono, .'<.,tiara, iin ,t.�i 147 A8; ;.tQ - t d. sy emK oh, lends; toOjf. iidore"to,:a=:aive'rter ;t a t.sn yp ,t € "x e;Quiid aaggest Ghat 'tie ore, i wiAuld' sug eft' 'c9ai 41ete .'c1o, � reps L. t ' L - r.k-• t" t- Y, t .F� h r ..T i- �to';a40d.: ople iti``;.aUs ' di '.fer- ,a y..s.6,.'.,, 9. P dDt=,lie r .P. _ __ .'�. -t :i�-;siaL' �re���.i°yt,•, Q,ir�#8:4: ��}/� jlt i l;Ae i b d ood r h Fh '•s Ss _ -r a r 9'+ C` IVS R 5 l ti 1rT. 7. rrn . 5 1 r I } 1 1 i 4 3 I i .Tt I 1. v t t: i { tl. a' X }, 3 •? . tr •v y Sr .4 — c'K 7Y 5 s'<.t .3• .l _ `` ,�• - _, l{. ,� . Tom'^ §' ° ) i - ..: V•i I+2 _ `)(vC, { J'.. �f:-r I • r.?",ae r•:)i '!{.� _ - .5,, .1t,-',"I.',^4.`•ti..N.'s.. s{r. a", e,rSl i'Jfw — _ }v+� .:r n`vs �. i'� it '.'`" - �.e il'iYi'"„•t� n... -i r. ':.. .-i c:S.!k yy..-.-.. - m'��'}�.. ,%Y� _- _ — --_--- v �`w ;r : ..�, �, 91r<,°'•xtr;�= , ,f,u S t 7 _ - e��. - x+%,! ,.:._ .._.^ik,(•yXFNi: k�:.,YrL}ii=nryiF3"-: ';��- Mr. Kays I had s altetch up there that I would like to ehori You one 00re t 96 that was,prepared by our department. Now that provides for the traffic_- ae you can see there with the directional arrows tot traffic in an seat - no; hof ,15- excuse as = westbound direction on 28th Street to be diverted to the north to turn up to,g7th Lane and for any westbound traffic in the direction up there to go dowif t7th 3.ana and then have to turn and come flown 26th AveftuC ii . _<}' Mayor $uares: What's a form of diverter that you've got there. Mr. Kay:. lies. Mr. 1Plummers That's only half a diverter. Mi. Kays That's true, that's only... Mayor Suarets It's the old half diverter. Mr. Plummets You still get the full impact of what l either call east or northbound. You still get the full impact now, if you brought that thing across to whatever that next street is down there... Mrs. Kennedy: There you go." tilt. Plummer: ... you don't have to block off the , you still have access to it. l —dam Mr. Kay: What... Mr. Plummer: That's where the diverter would work. —f - Mr,' Kay: Where?,- Where are we talking about? Mr._Plumaer: They're not,going.to come down": 8th Street,westbound-to go out, to Mr Kay: No,,they,re going to have to... ' Mr. Plummer: j They're absolute17'not: Mi'Odios they couldn't.do that: UNIDENTIFIED SPEAKER: .They just.got to put a'no left turn sign here or you'reV. going ',to,, get.,,people killed on U.S., l . } Mr. Kayi. They're going to have to come out to 27th: a M'r. Plummer: _Once they. -realize that .going 28th, Street wrest:;; the' only 'thing' th4q haven't 'accomplished , 8 they:::;';; Y'., . ' ' p banything 27t1i Terrace 27th Lane or Dixie Hi htFia A N Mr. ` Kay: Well, that's... - ? ED S UkIAENTI I � they'll, only do it once. y PEAKER; So the ' Mr; y aryl.., . Ka � That' e. what T'ta showing at. - •' � - - - `�" -• `- 1, � - - )t".�<'.�,a:,i�•; r.1'lucmner: .iI m, talking ebovt` what he _,calls tha'up , ek portion. t INAyD;BLE ,COMMENTS. NOT .ENTERED IN2.0' �'IiE'. PU8LRECO1tD. •` r , T --',h'.. _-.1F�:�i:;fiJF•�. �.w'�,Lt: :'}J F--'�hnAJ Mr; Pl utta a- How' woul ou' er . , . �n �', d y g t`'to' 27th... _P: J•.. .t.;� t:,; is •. _ ENTY�J 'IEEAKE i--- A. nvenue sv nh}. �-.�..A.cam�ns t �P �.i e.: Y ov,-VQuld, :come ack . to `25th AvQ`ruo`a:d'cgme��'�ack<>V�ri�-,_tha_;._ � �� �•F�� Q e Y 9_ bac �tQ' 2lriid.:'.A 'oi►ua. Ye- r_ ..}ai ,§ Re x : �Sr N Y Y. T.. n.•(t T?NIt),ENT�I?�EA�:�P R� �I tao t` o sible: t - k �A1{lr. t. ♦y a:".�1 p ;iw e+��•�.tur` l� f �:,,�,:.:.. ��;=����': •�:� 3y� . il • "•'..a F a'%:, n - t. , ,Sy,: ,'r. � _ T,`: Q t 1'�,� �'i:� .t . ,�.hi (. ..�.4'� ,r. J:: i-'S. , Y.. SA A: •t N „s, .-e;. r i u �1 �i^ X BC a oy >t, - iYi,".'..._ may; tw - y c�+.. .lk �1. t�, r. xc �.r . d.. t,'• - t :f - I c z, a 1 F" („. a 1- D� Z Y `4•i +�ra = ,q 4 fh ' r'f ,�1OT t - W , F: r «, 7 :et •` ' I' „c':� ":: � :..:• _. �•, ., JAI.: �. 0.$1.:. Z ` }� j1r l.•. ,�-N:T ...VA _ .Y-r��'�r .Y� fss %ai >Iiq}"•"'*^� ':4., 'lTit .T„� �. �p i,T F �_"uNf _ -r-, - . 1,°.i-.. t 4'Fd�.X. ,.. .. . .. .. t.. ..., _ _ ..t .. - ,...c .. - { �`•, :.s'::-•'. ..-34. _.,..a_... hx'25:!:lr. .c-.a`+. WWI S ,�i tMIDUTIrm tPS nfut It's almost impossible to turn left there : Mr, Plurr m6 rt Not at 22hd Avenue. Rey, t Hire on 1Sth .Avenue equivalent ane go tb 12nd Avenue beeausa I can get out there to make a left hand turn.,_ t"ID tTiy'i8D SPEAXjRt Two or three cats per light, if you're lucky. —y Mr.. pit trt It@* not like 11th Avenue where I got _ 1 I still lice t the diverter. Mayor* Suarers I think we're going to have to divert our attention to ei decision at this point. I don't knew how we can close off debate unless ,r somebody has any... Ms. Sharon Allen McGeet I want to say something. Mayor Suarers ... totally missing positions that haven't been stated, I mean, r'! I other'Vise, we have to decide all three of these. We cannot keep postponing, the day of reckoning has come. Is there anything new that we. haven't "heard about this? me. McGeet I -have something I'd like to say that I think is pertinent. 'Mayor Suarers Not you, you've spoken. Ma'am. Ms. McGee: Yes. Is this on? Yes. My name is Sharon Allen McGee, I own a' house and live in it at 2437 S. W. 27th Lane. R' Mayor Suarez: Please, in the back. ' Ms. McGee: -it's my turn.' And I've . lived in that neighborhood, for" .12 years j -'and' I've been active in a business way in the neighborhood too. Y think mq main point is that it shouldn't be decided here tonight. There are over'600 "'homes' -between 22nd Avenue and 27th Avenue and between --Dixie and Tigertail� The City has theoretically noticed everybody within a thousand, feet of "the :;`'.:•', ?;_-;; ` ;.;t ` k barricades which includes people, nest of. 27th. That is far less .than half of::'_._'- the people in. this neighborhood that are directly affected. '"by.:: whatever-:,_",:=::`,, "decision -would be''made' here: - I think also..: Mayor Suarez: Well, I think the people are aware of the fact that we have the.= :teinporarybarricades and! that:.this hearing would take place whether".they got zR noticed -`or not, 1 mean I. =� Ms. McGee: Well, in due course, I also feel that we have people.:that fork for; — the City.=:that :`are .well "'paid that are :traffic.,,.pIanners,--;.,:zone,rs,'<,-.build rig':-`"' ,a,W ! planners,' advisors,we have;, zoning boards, planning..boards ' historic;.boards:- s =_ and; ;that it .. would behoove" us to take "better advantage of, these,people:. _ 1 havb'tried nothing else but putting up fences on these streets.- we, have"never' tried one-way traffic, we have never tried anything else. �(Applausej Ms. McGee: And I am not a scientist but I will say to you that iny..'chiid, that's : gone � beyond the 7th grade :will .say, " to .you that" this, has .not'"..'been::<"a:; scientific experiment determining cause and effect or what i6 goimg.to.:iiappeii:." p as a" result'of throwing up barricades.. Yes,' it. was 'said at -the', time ;that-,' 't was rezoned, oh, yes, we'll close your streets. : That`'a 4t very off" hand; `ai#y`°:of''r,<;'7gf s treating a neighborhood.. " Not . only. that; -I've , had response from peoj�ier thst — are" looking in the neighborhood to live there. Why are•=thosebarrcade g'"to "do- wit the riots? Does it have sorest i" rr r" .=Doe's' t hav t n i with 'crime? 'And I'm only.giving you... AUD BLE 'COMMENTS NOT 1MRED: INTO THE LIC 'RECORD: IN I PUB, t - �h >g. f; `r t .. r , - 1 M 4[ I m t �M u SS 4t T - Y'. { . ti! .i c !• i 1' la A i ule uy Q aree�i - 1 : , '.s ( M . .I, t ,7 . S Y } +'xY . W B i .. 9r. - y, j .1 S } .4 -t t in �' sh, , .:1 s .or'Sas 'a ;. P1eaQ`e 1'Fa'Q`e ;a -ae:.. :;OK s.,..• K' r . t.8^e• r . z : _ !s� n k -4+ ^.f 77 1 7 { i4 t' rl' ` -I . _tr p s� �i '.F t" 68 +'k W, ".T i` ': t-, ''l ^ -'<i s ; .:9, " Ic7::>'fi+.'C,-�•'ii'. -- •".1 t - c:�'i;ir` .. r.:..+ is� .:f' -¢i;[2 7 J. }�' I � :2.�.._ ,r _ - "'r�l'�re•.-„ ,.J .,� ;,i,F.,•��Si�'l ;,I xtkw% .5i't� �'' .! d': -e- 3 `�:l'. ,';;^'�,^,•>..1f r '� 'z� i,;M,=�,.haT",1.ts;_+':s nx.'!tl':.J: --_— - - yr' - - - ''I''.•t'-• Ma. McGees 1 think we don't need anything more negative for the City of Miatoi. Also, 2'd like to point out other municipalities in Metro Dade and there are a lot of other municipalities, have had Citywide elections when they've closed off atreeta. It has not been determined by 126 or 96 people, I think it would be very significant if there was only ten people on one side and 200 on the other. But that isn't the case. And I'm friendly with all'sy neighbors and 1 see the points of both sides. I just don't think that we're at a point to make a decision and if we isolate this neighborhood we will engender more development around it because we will never have a say. And what goes on around this neighborhood? What's going to happen anyway is going to happen anyway, but we will remove that last piece. I think we could`try a lot of other different things. You know. Mayor Suarez: OK, thank you for your statement. Ms. McGees You know, I mean, even simple things like speed bumps, you know, If someone wants to destroy their car, fine. You know. UNIDENTIFIED SPEAKER: Yes! Yes! Yeat Mayor Suarez: Please, please, please,please. Ms. McGee: But let's make this into something that makes sense. Thank you. Mayor Suarez: OK, Commissioners, the magic hour has come. I think we ought" to decide. I don't know what else to propose. Mr. Lambert: Your Honor, I know I've spoken, but I'd like to address a previous question about equal application of the ordinance. rq -�, Mayor Suarers No, not at this point, not at this point. Commissioners, anyone want to try it? I've stated, I think, my views that the southern tier'. i makes sense, at least, if they pay for'it. �- Mr. Plummers But what would you do in the ? What would... (Applause) Mayor Suarez: Wait, wait, wait, wait. I'm just one vote. I don't know how, - it '-a 'going� to come out. :' ? UNIDENTIFIED SPEAKER:..Can I address that?: Mr., -Plummer: What you propose to do in the southern tier? ti. Mayor -:Suarez: To, implement' the ;permanent. barricades with the_.proviso that +.; MEMO they' have to "pay for them, otherwise they don't "get" implemented. (Applause) ... .:, Mayor: Suarez: Please, please t : You know,- we"'re not ' going" 'to : be . able :- we'we i ' '•;.:j'; ;IFS""'. heard . many.' -many o inions. We're not y •' p going to be able to "reach '.any " _ ,';,: ::; _ ,•, ,,Y;:r conclusions tonight if we get shouting everytime any one of us says anything,; Mr. Plummer: Am I meant to understand what you're saying is...� Ms.,McGees You .haven't notified the people in that neighborhood..•v, 1 A Ki {5 Mayor -'.Suarez: '.Please. 5 UNIDENTIFIED;SPEAKER: Ask- us,.please1 Ms. ticGee:= .Y6u"hive not "notified -the people.. Mayor 'Suarez: `Sir, • 'WOve heard::thisiepue lobate for .an hour oa" r abate on.hearings, o"had' r hoard prio d it. We'v heariA s Gin 1 V r y, "tl •; t3: Y �JNIAENTIFIED SPEAKER: 'How will.. thane. get ,'ttiars?1.�- -I thiraugh Ti orta .1' ow Th g �► ere. acre'" �aosae'.: phppld� whol ige' oaig+t,t t; ; st �`' ; Mayare .Suorozf Rose please,, t, Y P J-' F 1s y i r i ¢, ai 'fr 'i r� a. ,M f � :'i'a,.. i?.:�-.+-J� Zvi ,.S .4 •' .01 '"�,' �• ' .v,•3' > ti r r, �?" '. JFt x,^�'.i >^d%sits ^#- �'F-y7•-��'. 7� n r -..., r,,.�'i'?Y, t ,r '- -V. t ... ,,...-w ..t...'r=..''r. :•r'�# vw :��?4�:.��:.d. t^''f.�a ":� --.,::,;;s;a,v?n•, t_.+'.%,s.,5s.e',y[a;^rtz=P.ktr1F?nix,,�;s'?ry�iE,'. .I./,n, Plunter t Wr`' 11 get there, if you'll let us. BK b Spi MMrtt slow ere these people going to get home? Mt. Plumert lion about letting me talk and maybe we could try to Accomplish aftethinil? _' U1M1Dffii'f'il+i S#JAUR: Bell, I want to speak. Mr. Plummort Well, air, l didn't interrupt your people. Please, let's try tb _ liar this like rational human beings. Reasonable people can disagree, they don't have to be..: UNIDENTIFIED SPEAKER: Well, you're already voting on the issue. VNIDENT11I1D !SPEAKER: You're voting and we haven't had a chance to exprsss r our opinions. Mr.' Dawkins: Let him speakl Come speak, sir. Mayor Suarezt Commissioner, were you proposing something and we'll let you speak, sir, if it's going to... n Mr.'P.lummert Mr. Mayor, what I was asking, if your proposal, do I understand ;YF. what you're saying is that permanent barricades would be placed at the Intersection of 27th_Terrace and 27th Lane. Mayor Suarez:. No. =' ei^ Mr. Plummer: Or just - well, tell me exactly. ' Mayor ;Suarez: They're the ones that are in existence now which is as. temporaries-, that's what I'm saying. -�' Mr. Plummer.*Well, then, you're speaking to the south side... Mayor.Suare t. z: Ri h Mr.'.Plumuaeri: ..' . not the upper sides`' s {y ' - -. - - ..•,. -:-,f��•sj may^.. Mayor Suarez: _The •upper I wouldn't put them,. I think, that .you're' liable, ' uttin them in, there, just to create an intolerable amount of traffic.for.._.onet.,':...:,r.,'{max P B }' _'. Ms: .McGee': -That'sright. You're going to increase the traffic on: the, other :,-', streets = ::. ,..E , .:. ,. ; , , '.!- - r.`Sa" ,z •�' • Yaa a '.YJJ•,..x'x'' Mayor. Suarez: ... and I just wouldn't put them. Mir. -Plummer: What .are you. talking about then, on„ 28th Street;, becauslo that>r, definitely has an effect on both neighborhoods. 'kr=M UNIDENTIFIED SPEAKERS: B That s right. Oh es. , y v Mayor -Suarez: Yes,, 28th. is the -ac ese_ u t e have the o 28t c p. here,. do m n'_ h?:.` j forget at this `point. y 1-b.,.., F t ems:. UNIDENTIFIED SPEAKERS: No, not now. —' I`layor5 Sine erti' No ,I would 't, tit. t e o "tt 4'S`XK } n p „ h m.; ZBth Jugt', wherei ' e - .. —' T7 tIDFNTi E ;.,SP R.s There a a.- „o�v-:sto sign':at .28t# `±Stra.et' 4. - l ,./"-v• r.taifi1r_.it <Y,}•.r5'.`}'t=.p t, i1' - r. a�.�' It a.a: waste cf - t e;• , - z y��fr��py� F D-+•SRL.t�K$R:Wt1',, about ,xa:.a1-i. ht:.,st•.,f;;, lAr--`�fY•;:`*i- _•;tpp �>0.. .� VIA 1fQ.}, p. �}'"' iA i; r'•' .jr .0,jjffii�� t' yi•: ce.ia-;i3sn r..`-1; ,rJo. -�-�tB,> r.�.:., ;.ea. -}, {o..;. a �i-;`}RA,.`'.r-.,�v � .�:�„t.:.,,,r,=',�a .°r..- : �r'•;-re'ywr ` �� `•.Q.4�s� ! , - 'i' - r - ;,� ^li:r•-, i '• r ;t�ls.'�a''�a a. VAIN c -}4 S' .T•• �' i E- y ''1.•r .21:' ,h • yy 'fr 1 - S Ir iex••-' [ .f-•a c .ry t • t. �E 1 :• {i e 'Zt •.l'Y r '.r ' airy ,pi} �7 �•r. -ems,`^ `'f .a. .! R.'i_t�,.-3 :7,• � 'Y ' f ,.;4`.-'qr r�.`•iFJ�r�fi-„r rRrk i. �,;..-a�a:Y�i�",X:i• _--_ Yy. 7 .y, ,lzr s..-. t. i {":• s ..-.. .., ... , ... ... . - -. ... _. •._c. •, -.--:. ..c .. s:�.•.'d''I.eW,i..•!r n. .r.. .arr_aA,.. ,u _ - ` �' r 7 t { ' y ' i is • f 4" - Y �'-:'�il:.'rw'=--,;4.r ,=�,gar.-'�z°as+S�•E:'��?,.,,�',six.��-;its: Mayor Suareti Commissioner Dawkins. Mi. l)awkiris: Thl s Commit* Ioft created this monster, . . Mayor Suar6t s Too, I' l 1 say . that . Mr. Dawkins: and thit Commission is going to have to cage this Whii'tltr. Now, .we alfo*ed barricades the first time. in my opinion, we havit to ktiii bartietdet every place. Now, the City of Miami cannot afford to pay'tor tA* '€ every place. So, therefore, those who want them, pay for them. Those Who . don't want them, don't pay for them. r: Mayor Suarez: That's why I fully agree that it would have to be conditioned T: on the, neighbors on the southern tier paying for the barricades. The City can't. 'UNIDENTIFIED.SPEAKER: But I don't want them and ... i UNIDENTIFIED'SPEAKER: We don't want them! ! Mayor Suarez: If you don't want them, don't pay for them. i UNIDENTIFIED SPEAKER: Ve dol lie got children. UNIDENTIFIED SPEAKER:., So do we. i. UNIDENTIFIED SPEAKER: We want our streets! UNIDENTIFIED SPEAKER- ... Bird Road and a stop light, that's an access.' :.•y4": +. Mayor Suarez: I can't believe this! i' Mr,.Stuart Sorg: Mr.,Mayor. Mayor. Suarez- ^ .The motion, if I_ were to make it or if I was going to entertain it ;along' those °.lines ioould require that'the' neighbors,on a' volniiitarya basis; 'let me .clarify that, pay ;for the barricades Not on an` ' obligatory; : or = rt �. mandatory basis: x, Mr. SongsMk Mayor Suarez: Yes;';Stuart. Mr. 'Sorg: Let: me.. suggest' that the two groups come together' with a drawnlasi •p, t Sie'.'have one more meeting ;and'let's present.:. ' ^,; (Shouting) -tv! Mr.. Ur there's ,rio.unification yet and it's just like the, waterfront.,; Mayor ..Suarez:..I guess -we've tried, just, aboµt every possible sy ..of reaching; consensus here and - or a compromise. rojT rl Songs .. because we're' npt together on any ,of these proposals.\ Mayor,, Suarers . Sir, you soem to.. be indicating. that you've got something.'` UQ M� ` ehead so head go ahead:` I.,thi k ' ' o' , . ' n you ra y'r t,` ';kr: �.a r`1 !3,':'^i: ;{.1t ; +•,}r ;��F4 ?'"' 'y - ,' `n• 'f' .,'- .:� k x... Ca v H.:,Jeffries:'- . My 'name', is. vim H.' fri s::. ''I''l v' 'AA �- �. _ Cal ,J_6f e' 3 �.L hio,i or.'t eas corner. o .�w: ' :# T ;g r t'. rsi St. set' didii Av krr. g, f Kirk_ r a T'r> ct .tha :b_ arrictdos B asp; mY tatireet' 't as' become a tiiorqugh Ar .� 1i Y r," l• •r it �,♦ ,',t,: - f• I v'( a 1 �i Oust, • t S •5' 3 . ,.' - •c- ems.. r 1 - •n ' L --7 s r� Y' ax , ll: P. N r• . Je f e <,f�= .h 'e_(�.l:p.�y.�p�:t�; h era' th re r }� .�-�, •#v r .; �, ' i� �.-J�,�:_ . Fr.. 3RI .., �cr, _�J�7f1r�',1 '.t 1. A w r.,,..s, ,'(_•; fz�c�:_�3.C:. _._��' M �'F'd`��'yy li! J1 t x a. w r i �. -�a t!a Qn" 1,•: ,t1 + TB: �?f '. .;,•k T' ...tie; y.. u•7.. v +:1 ^IT „Si -<'. r+r:^ ..'k<t00 ..`E'ah, ^4.1T{y,7/r►j� }}y'a =`•r ,r. r ��.. �' _ .�;,.�_. � "� •� D= ter; g -1, M S� i MA _ _ „2•xirv.. P':: #` "'l r.r� t. . a. ;t .e,, s 71 F'.r a �P� Qt�;""'', _ ::, .,,.•:. „,F,.;. ;x�.�' .�'"; .:'!3 .J ! - x�Y. s i�SX:• .i: •fvi:r }. t• s _ - J — 7• ,l RP. _ ,;y. anti, ..•^..�,';'. .,lac•..- -., x C t 4 Z - 3 r- ,- I r t ' t �X Sr. ,t< .M " v .. r r. .v •._ r. _Y ��.:t1••:'^. .' r. i':_ `�S.S' ?'�. .-V I I Miry Suareti M Yet we answer one pant of *hat you said because it `hiis a' f terhnicai at►swer. -'�,. Mr. plummors If they violate the law, you shoot them. Mayor'Suaratt The iimited'aceess, aside from the practicalities of the�6their prop6sals, the limited access proposal was tried and it was held unconstitutional by a court of law and it's... Mr. Jsfftiess Vall , there's signs up all over, Limited Access. Mayor Suarez: You can put the signs, but you can't actually implement it, I mean... Mr. Jeffries: What do you mean! Somebody goes 40 miles an hour past" my ,,`a4 house... .. Mayor Suarez: No, sir; what I mean is you cannot Y Prevent People from going through the neighborhood... Mr. Jeffriess Can't you put up 15 miles per hour signs? Mrs. Kennedy: Believe me, they don't work. Mayor Suarez: : No, I was just telling you that limited access cannot'"be enforced constitutionally. That's all I was telling you. You could _put all the signs you want, you could put signs saying, Please Don't Go Through This .w Neighborhood, Go Away, whatever. ' you know... Mr. Sorge Mr. Mayor, let us come back in 30 days with a plan for those who ''t4 don't want it. That's the only way to do it.� Mayor"Suarez: ' We've' heard- you say that, Stuarts and` w®'ve got` that' °eti'the,,. floor.' - Any 'last things"that -haven't been mentioned? Hs ' 'Harriet=Fox: ' ,I would: ' My same is Harriet'`'Fox <., ,_' I live•'at 2440 :�SW' Lane: ' =I' would ' Pike to' 'addresrs your comment .about expectation, Mr:'=' tabor �r your expietition''-of `the southern portion 'ver`sus'` the •'northern portion..:.,On. 2.7th. Lane I p purchased a home there because I had ,an ex ectation that 'I would. have =ram'<� " re'latively }easy 'access'to any point in the City that I: wishedto traverse Ma or �- y Suarez:. That s true. Ms. „Fox: - Addressing ' Mr. Plummer's issue, is that now. I'm forced to drive- on Tigertai.1:`arid :I never had to before. r° ' UNIDENTIFIED- SPEAKER: And some of us live on Tigeresil! - " ..� Ms. Fox: And putting more barricades would... Mayor Suaiezi Please', , 1 y ase'; pease,' everybod shad theirs Ms: 'Fox: 4. further complicate that roblem: OK �`- I h v tieard .a stud P a e.'riot' _ q � Vas'- • that dete ed : for .barxicad done rmined a ne _ es'`o�r'far- s}u�£ia toots "pri4r`:'to constructio o _._ , az f t he' 't my . n __ a gores ,barir3dsdei% I' �-°`��`} r'• �+�" - tile�tectinioml:'sta,.�,:;-.- y,':' ro ri #'• a =, +.'., Y+ _i�aever,;� . p� _ p_.. att�: � y�:.��:� 1 detaimiA'Q � l at,, a ee d ''' .,*, H . n de 't'o . eoatx4l ..she ar' of .,: z. fie in`'Ctiat:'A�s`i FFhkisri!a(�d.,;r' , M,. ,. T+ lF._--- meiki, , :, ng bi�rric de . Aperrnaaent in tibe°:' g .0 arh s` ' Port here sr�ctor, ido o en;Wili have! r ;; P ths' effect -of- 11aviuY of�, `eii<"for 'eve 2� y t; •b�-::n� . ,,4.:.- � ., .�:� � �.. P ry. od ," 'Nc',..;Q an ,.piA :to':,Iitb` Y B � � it': "hank yPu,�:= r .,..�t - :othx,,;,fgatil a 1•_:' X _ju twantesi �ts� ':iae ?�s`:ti•�o';;�i :x' (11o: -b'..Qx�:��.aft't^.i=T•gy.'•-Apij•y..'f•ii -X's'0 M 'aryT i4e Prtaylar'' "plan 4a;t a- .»l: " - t.bmt� I rp�$�wne:A'ware,��t -to-.sot 'be a ;;good;<3�lp�i� ��`•'.�;-� y don .+old: � ��'r-'�t... � F`; ;s�'timat f passed, k_ t"aev�>E'i'.�kiiQx':"tf.- it :�t 1-;. s' ;• �^=` of;- -' c'. ..:1:• - r'ms' ',s. ..q. 'iM^i` -!!4'�?.: [t.',�_'�F+-:"7��.i: P. _ _ . I•?<i: ` F'" ^�r--a s.' '`•k - ..f. ; fP..i zz$:,$E'"•' ..-... rman rm � '+*' � r,�., 3 . F1s, - A t #�a u � i t p y -'G a a Yd � - - a= - } yy, - .l fj `Y - L ./-'"t::t'ad^.:'�Ft... 'r) ,.t, � -hi^ i •,Hi, #a,d ..ti '� .•hf .4-�- k�(� � -. - ._... .,-. ..,.. .P.` _ `#. �' -E if 4•- ,.'cr�4. t"KY_ _.:T:r�1,,: [N�a.w:-s;r ire s.'•'_.... ..]... ,-. ......, .r •s,?s•,._... ,..•+..,..,Xs,.}c. ..,_.. <'a�,._._..at•:- k'.- ;nf, _ `Y$ ` Yin•: �;_ *,; �.4 _� --- - - ,J - — — �Y T i• - p, '4l'2 yy P • .. .:"z,"iv�.:�,y f s �y.c. i` acib..f.�A,�rraar bt>. yy rs? Mayor Suar#as dell, but this plan, the one that emergency vehicles oafs . &o through, there # a . not a beck of a lot of concrete here I gather, right's Ott ai of it ilia r • - 'i - - _ ?`>7 Mr, Kays Vill, theme has to be s66e kind of a physical barrier' on pavement there to discourage people from going through any iy but Croix h V6 td': ailov for... Mayor Suaress Well, I understand, but I guess there's some - the material:#, and so on are fairly easy to remove. UNIDENTIFIED SPEAKER: We can't drive through it. Mr. Kays Should be. Mayor Suaress That's.. Mr. Plummers I got it there, but we're after 9:00 o'clock. Mayor'Suarers OK, Commissioners, we have to act. The time for... UNIDENTIFIED SPEAKERS Mr. Mayor... 4 f Mayor Suaresrs Do you want to make a point of clarification or say something. that has not been Said, which I doubt, because I think everything has' been said, but... $' Mr. Jesus Rois: Yes, just 30 seconds. My name is Jesus Rois. x UNIDENTIFIED SPEAKER: Excuse me. Mr. Roiss i Hive 3n tiie Roads. Southwest 22nd Road. I' ca t �r .. n' ell you that ,{? if , these: barricades .are ,approved, we will' ,probably, ask for 'simil'ar traatme ' because we have a similar la out. N64 ' I_ `w there i `hAver • iTT `add' ,that Lllat ache .h re are .26 locations `in' the' Cit oz 'tiie Greater ` Miam suit F i" • existin `Barricades.- E g' I ais`o `know 'filial "the'Cominssiori is ct`nasitleriag; divtdltig the.:Cit :iato 11 districts: I have a. s: _ _ ea question.` GIs='the "Cotmni•sson pla` ;'_'.. _.•.` - tart iosuing passports and visas to move.' around town _ T ii• : (A l.ause an Shoutia _'' t' PP g) �y " UNIDENTIFIED SPEAKER: I' have a comment the hasn't .been `.made; =q U�IIDKNTIFIED: SPEAKER: Talk into that. L . f � r V indIDEN2IFiED SPEAKERe 'Most of the: people to have •:Y;,. ;:='�� -� ;._ _ P P. besn�' against'+`i�t:`a �-",•;�,., aft Mayor Suarez: Wait -wait a minute.' he V l T ice Mayor. s" going. to make moti but we'll. hear you, ma'am.° kFxia pNIDENTxFIED ,SPEAKER: Most. of the people who have' ,said they re agaitsst it ; ,•Jt:,r ;s live on north ' and gou've already made your . comment' 8liout expecatiops {} prop�etty :values. on: 28th and, 27th versus the south Grove:: P.rope>"t►•. vaiues::9a Tigerxail ate .not' less than -on _Lucaya or any: oP. -the streets ,1i1'4ckecl ipff t ,'Yet; } to sti "h our ,stzaet hash 'increased traffic twofold since bscaus`a'' ii"pw do 'alb°=:,the i ;' Y K 3 yeople. get: bane? The only street . acc¢se is'''TIemail g1 you vote¢ to' a o . 20 s os y . bui�� dim ,which is o r :r 8 eg: to isav, ;¢Op `Rico few montha#-%,' , ' ` r � '.. — Afid mTs►o Aow. you' ye _creatad Tigertail as the sAly aa0eas, s# ;� ;ra i¢eio�t,�', 3ta: the `north Grove to•:,get thrpu _ �Y, y„-•;,a 7g ' par Suari�as Which .ptiiiiisg ,ara yAu .t"alkiag about?'_`f� 41 r}i �Y^fe#'t{frf -; j_ -f ,•. ••..., -.., ', �•'. ,The one, Te►rremaick.` - - ` '� �' a i q ,.. sj .` - r"'G x' x c • x,«.c <' ¢.; `•3 «t n ..q`. , - j r 4 §' _ •iJR "9 ?Y - s- ,RRY+Jf. K.;;,& i • sYOR . I' • d '4iA. t vot �i''`�-:- :,�, rE `.`< _r. fr�',,a � , e- g • r,.it bµt. " A''oA- ;r. ���.,s=,.� I lr. iJ -- - r. s Wr ,'L-, is q_ c. 'y �t y >i _ f l � mil. •J. - rraa ._:.....x a+,PslOD9c1Y .Y Mrs. Kennedyt It was the other Commission. MIDENTIFIRD SPEAKERt It is not a segment of 26th and 21th gear U.t. 1. Attu we, have lhereaaed traffic twofold since you created these barricades. I think either you create barricades on Tigertail, which I know you're not going to do-- at treat us as equally a residential street as everybody else in,. the north.:: drove . ti (Applause) , , Mayor. Suarez: We could probably put them on So. Miami Avenue and solve my problem too because I'm right on South Miami Avenue but I guess that wouldn't work. UNIDENTIFIED SPEAKER: hell, you should speak before the Commission also. Ms,. McGee:. -Can we have a continuance to try and work this out amongst all the ` people? Mayor Suarez: We've heard from you, ma'am. We've heard from you. Mr. Vice Mayor. UNIDENTIFIED SPEAKER: Not for all the traffic on the north Grove... Mr. De Yurre: Mr. Mayor... UNIDENTIFIED SPEAKER: Not all the traffic in the north Grove.: Mayor 'Suarez:` Please, please, please. Mi. De Yurre: I tell you my feelings, and I'm going to move because the 'thing.: ",;``4 ,'is,land-we'just hear this,argument.now and we have to realize. that. there are'.X" number of cars that are ~' going to .have; to get, from point A. to' point B soroehovr�:.';,:;:::_�.;�;� Lit,s , a'•given., :-,' If , you:.. live• .on vest 27th , you got to go east:, of:, ' you're going to, have to cross over somewhere: And. if- we .follow that line of Y r�+,. aheozy;,and _that, .'line 'of., thoughts. -what we're- looking at. a '.situation.'',is,.if', you..,;.,;A 3 block-:it.off over -here, then it means there are going to be extra automobiles `<' oin someahereelse. ztd:: ;:g. g - - Y ' �tf " 1 UNIDENTIFIED. SPEAKER: That's right. Correct. Y-= - Y r7 h Yp"r 1 M • De�-_ r: Yu e rr r' There s `no' a - nation,"ebout'';that because' the' �havo yt ... ..'> . '9 - o:fgo;.�tihrougl,;.�.,,��':`'<<'`_r:.;��:,., . Y� And::if''you block off like we flaws on.27th,, the -barricades', that-'we'.have.' .therel;-�has 'to '`be an, increase .:going towards,::. 28th and ..27th ,,Lane and, :_Ilowln g _:straight=:up as •opposed to -,going out=.to 27th and -going,.oato:.U.S.:, l; or. gpirig'.the.'; ; other :way: If_ we and., talk ' expectation, t' abo ex u , 1��think• .that• overybody;` aant�s M: "fir the' best- for their, residents,whare.,they. live, and I don't thinkit fair :for: f .3F us to .overburden an area to alleviate ,another. "f,Yf--,•,� i _ t (Applause) �hz Mayor-, Suarez: Please please. Mr. rrei - ,hold - feel that is: as De Yu I feel, it I'" ah h ,to: eto . `aot are re p ;,lscmesrhere', going to see,: You, just:• meptioned, the,:rRoads-sv�ant " #rieir thing tc►p:;:, ��, ' m going to make _-a-motion to deny: any barricade anywhere*' (Applause/Cheering/Booing) G t 4 F .•;!.?'. - F, i:, t. �.i. '"! ,xi,y.n t*K,:l �,;Y.'C Msyor . SuaxeJz: Pleases' lease plealease ease,. p. , p :p , :.please, an, idea how Qu 'feel : from". s' - s` Y1 this is net ,the BQng`.s1iAw 'off: aometh'i knew• ri - Y :p t _ A .i. " f. ' •r, :f " a„- . .a i RNTII'`T A' P It R - E'` tiAK$R 'The ca come` yr F Sw k.• . t e • I PN* Ot tr{i�,a yt, .� r. 4'r �y. �r IN k. C� Q.�,���. 0 �44V _ a' s "2 f �t >L f Im. in ryp t' 1, f 5'- 1 t e :'1 ;a yy p. f 5- i r Pi r ^r:`L' '',. .. -, 1 .. �r .,' " _ , ,. ., .. : `f ..1 :;f..,, i't�t-.'iYAS-s. r.`}7 , .,:•�:. ?;�5•":.^•l�K=^�' _ _ re Mr. ylummera Mr. Ito Vurre, you'd better be damn careful how you 1p home t6aight b - MDENTIrIED SPEAM What's all right, he can go down my street. VNIDENTiy'#HD-SPEAKER:- He can go down Tigertail!— Mayor Suareeet gut let's assume that it applies, first of all, to PZ-23 which p' : In southern tier, no. UNIDENTIFIED SPEAKERSt No, northern. Mr. Kay: .Southwest 28th Street and S.W. 28th Lane closures. Mayor Suareza That northern tier that I've been calling. And what is PZ-257 Mr. De Yurret Well, it's going to... UNIDENTIFIED SPEAKERa I mean, what is this, the Mason-Dixon Line? INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarezt It's just that one little one there, all by itself, all by it's lonely 'self?., OK, as to... Mr. Plummer: His motion declares all three of them denied. F yj i Mayor Suarezi I know but I want to take them one at a time because,. otherwise, for one thing, it wouldn't even be legal so as to PZ-23, since he's i moving all three,•the motion applies to PZ-23. Do we have a second? And that Is what I've been calling, the. northern tier, basically, give me the streets realquick. _ Mr. Plummer: Twenty-seventh Terrace. f= Mr`,Kays.. Southwest 28th Street... •' :; - - . ,. - Mayor. Suarez: Mr: Ka , please,'staff. - Mr. ;Kays ; -Southwest' :28th. Street. and . S.W.. 27th';'Lane - at. the easterly ;side of a their intersection with.426th Avenue. }. .Suarez:.,..:,:Those two barricades.,-, That's what'.the motion:-ia._asked-to '«;rs _.'Mayor 0, deny,.those,. OK, do we have `a .second on. that? r _ Mr,Dawkinss Mr..Mayor, L.could-second .it and I:.could vote for it if Ircould 'Al ?` :,. g o back and remove the barricades "that I've already awarded. But . it's "uniEair �h for'. :me . to sit;•: here now, and . ,deny barricades, . when..I!ve', already. epprpved: t barricades., I have to be consistent.., ii UNIDENTIFIED:SPEAKER: Ever y s one make a mistake.`'i"r' Mr. •_Dawkins: But, as I said before, if I vote for barricades those, who want;. 1 them have 'to pay for them. Mayor, Suarez: The motion is to, "deny the'barricades on what I've,,be $.: i, the ^northern "tier of . those two . streets. Do we^ •have a second?., Mrs. Kennedy = - - f T :M Or''.S r ua ez` •�co ;S n e i' e d d,' A -r n discu ssion? u si" n? _ 0 If o c t' y. n , all• "the: rol�,�,-; ��.;.;�. ; (iq— F _ s F. Y f >S -c aai :k y:t+: rn "Ril�z 'ifa. •� f c�nr ;E 's { - `t1 f :• 4.' Ij.•- i n gat?; - r r, ' A . :.. . .. .... .. .... r - r ' , .. ' ... ... ,. r. ,... .:- ,. - i-:�5,'.-1 :•i._ �y �,,:,";4;•.. �..r.. - .. a'Y..wN+LF' _ t dt t• f x ;R" 1" Y 'a -'F F� r: <t •N _ 1( ' 1. MW '1 �r :F aC {'•y - .�'�',i.:,..••,'4".: des rf '.'w: `': ._a. y •'�.. k. t fr tt •! 1: ti tv r Ll S :h ,y t r , l•. t r,. j. r.,::'°"fp'.. '4^•-^r{ � >',_ •-.�. , J Pt - - ..... :i ; ..r .. .... ... ....<- _:._. ...__.,..:,5:-_. _.3�ii"�'r-.'R"i„v�,!_G`'k�+�: et The following motion was introduced by Colftissibner De Yurre, who moved its adoption! MOTION NO. 69-464 A MOTION, .TO PROIlItIT PLACEMENT OF ANY BARRICADES ON THE NORTHEttN TIEROF COCONUT GRM, NAMELY, S.W. 26TH 5 T AND S.W. 27TH LANE AT THE EASTERLY SIDE OF S.W. '$ 26TH AVENUE. -: (NOTSs."This item was later reconsidered by Motion 89= 486 ). Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote! J AVESs Commissioner Rosario Kennedy r Vice Mayor Victor De Yurre Mayor Xavier L. Suarez' NOES: Commissioner J. L. Plummer, Jr. Commissioner Miller Dawkins -- ABSENT: None. :— COMMENTS MADE DURING ROLL CALL: ?s Mr. Deakins: For reasons previously stated, I cannot vote it, giving some and . denying others. COMMENTS MADE FOLLOWING ROLL CALL: ~ a- Mayor Suarez: OK, PZ-24 now is the southern tier. ?v_ Mr. De Yurre: Move to deny.'> 4 Magor'`Suarers: -We have a motion to deny and to eliminate the temporary' barricades. +1'=;=• I9r. Kay: That'-s correct. Mayor , Suarez: That's the motion. As to what I!ve been _calling the southern. tier: Do you_went to rattle... Mr: .,Ke Those "streets are Lincoln at S,W. 27,th Avenue, 'Trapp,: S:W.- 27tii=g'. - q ° Avenue Ina ua' S:W. 27th 'Avenue; Lincoln 'at -Aviation= Trap at'.Av.iat°i`on'=Y:j-t=t Srianson at Aviation; Inagua at Aviation; Abaco at' the. easterly.',side :of, �.; Avenue and -Andros at the easterly'side'of 27th Avenue. ®i y Ma or Suarez: OK' if'this motion should fail and someone should move to them,.it wouldhave to,. I think to have any chance , at a donsonsus' of :this Commission', to ` be' coupled" with the requirement' that, ' they be paid by' voluntarily bq the neighbors in question. -" (APPlause). ` Mayor Suarez! But we're not voting on. that,. we 'not voting' oa., than,_ we -ire >,:_'' h" 4 voting to deny at this point and we only have a motion. ' Do we' have a second?t ®s a revious" imotion' `ass�ed 'three to two am .I ' coti, `s> Hr: Plummer: Th p P , �k - ear:^si�;a;r;,•y?a - t {/ t w a or.` Suarez.; R h at Tg t' •:.°�_�•'�• - :r .7 1 s rr : r �° awki s: Whodeni d- Hr p �.#..: ,S'• i.`F:,,S- tt:. ,� .� %.i J.'; S-t - tr;:r.,..,�r.§-r'�,: i1. { t'11' t ,ram e�.x; +li ,meirc To.: depy. barn codes on i27tti Ta r cs, 7t ►.1.i�t ,Or "- .:•, :s.`;i,t.au6 r; )c. < r xu �. -7 !'t .y r's5.�'x r-.t.;}. •.�.4}., { fix�°i j t �.�.�'— !!a�//Ot. .FTZ 3B 'J- +up 3 yR,l-C.1-...r '?. :a k)'', ft ,i.Y .['i •N5• .I ^`3 f'+aJ: Y Sa Al g'�} }ty".4 L' �5 {(•yh GSi' 'R ;•4,h.•G:" •:�,:tf .1} w :!4{.dP. .t..,�,....I..:,'y£a..4..e't1, ±:i1�.���'ai'i�1:y�L�,r� � — C.-r, - br,`aiat39t� .POW Poo _4 ��►:• the �!Cha�;:���er, x���� .,� t { � � �' _ - l to, na 3 t 4A, -0 A 4r'socV. a`. A ;• 1 ia,` ,.e .. v.rs Eti x , .:-s ,'�t. s- .t •:,': t:. ,�•.r. §.;,�,l, .� .. %i,�5"•i ,t. ,s'Ri . r• - x -: 5w na°h� .A t .b'su - - t 4 ^r t• 3, s Y 4j T F i•r sb w h•s:• «E+ i - �ors 5• sa- r.n., , .t tiff f[[. y Mayor Suarez: OK, do we have a second on the motion to deny the permanent or, tomporary, for that rastter. I guess if you deny, you deny everything. Yes, r� i.ntersoc�,. barricades on the southern tier intersection which have both rend off into the record. Do we have a second? Going twice. Do we have a see6fid,': going three timea? We do not. OK, I'll entertain a substitute motion or g different motion. _ Mr. Plumners Mr. Mayor, I'd only like to ask a question if I may. The gentleman in the blue and white striped shirt, can you move over a little bit" r'r so I can see the map? Mr. Johnson, your street, you've been etiMplaining:. bitterly, which street is yours that's not presently now by a barricade? —." —" Mr. Hayden Johnson: If you can look on the map where I'm concerned with is I right off of 27th Avenue which is the Trapp and Lincoln at Darwin. If this is the area hero where we're going to get all the cut through between 27th and i Aviation... Mr. Plummer: Where is your house located? {- Mr. Johnson: OK, if you can see the map... — Mayor Suarez: We're talking west of 27th, right? ji. Mr. Plummer: No, leave the map down, I'm getting a glare. Mr. Johnson: OK, this is - all right, my house is right here. `'''-•a- Mr. Plummer: OK, .that's your house and where are'you getting affected'by :'w= traffic? rr' Mr: Johnson: Through these two streets here. I'also... =- r` ' Mr. -Plummer: Which.'are presently blocked or not? Mr."'Plummer: They are blocked?. Mayor Suarez: Mr: Johnson, grab the mike that she's giving you. .....:� _" ``;_:: Mr.' Johnson--. I°" also :own' all the other homes .here and I'm" speaking `for the' people that live in those. r: P i l + Mr. Pl ` e •. no no excuse me . Are ' those two umm r: No, , , x r se o streets; presently blocked?." Mr. Johnson: Yes, sir, they're blocked. a.� Mr Plumer:- '''Where the yellow is. e Mr. Johnson: "They're?blocked-right.hers.at Lincoln and Darwin. Plummeri OK. Mr;'' s: here.' a the Mr. • .Johnson: They.' blacked right , t' h back of the commercial"' ;,;::-;=:,.,:::• property on Trapp. _ t�' r4. y .. htiti. } Mr. -,:Plummerv- And" you're saying that .if, -in: fact, for protection' of ',your. Name, they need to be continued to'be barricaded.' Mr:-; Johnson:' Vell what, is' happening:- now' since' ince 'the:at:arl'ed Etch they`r-put lights hare -,',everybody '�filterC through=•becautpe.-the main"etrests e f�. Tfgertail', ' 27th' and Aviation. So it's just in this pne l''i ttl�e tle.i pia le'" it j g`;. itst a 'coAstant. le y� -.��,-fib , :4 i 2; y*•:' - f, tl -�" :r.<r, Mrr..Plummets And 'where would pu` ro ose'an additional ..bur 47--d' is 1 S J Fca h. ''`�` N• , 'fi[ x'( Y NN ,.h fi .+ , �`"(� '• otia�igni :. ;'T :'doh► t' . propaea'-,an " other ptia#°.' <;,>>,:'::or : �..f . : . T' is Xl ; , {t x, Mx:' '.l'1 er: _ Oh rre l i ` `the two' h t' sip t a �{ . ,.. i'. 4"i';: -' �_�' ,4L;.�fiA� , ::.. a :r y ;✓ )t Mr► :JQhnaoAt: :Ri ht.:.: `.;;;;a J> ;• r�'/ f �f•.g_ �+'.-•fiJ :S'°k':k-•vr.•r{4fR+.�t` 3; 1 - ' - :,j�' •+-i�:: �'::�. k .gyp' M1 ` ?[ tl •tr.,� df' Fr r. v! . + •fr_+' - � ,iC-�' r /t < `r•:'•-•��C,:'':'i':. , !t," _.f '�hTi:<iy4..�Ma • �y �i , rr _t t. � •f f',�`-t r -�, ., .. : :,.I .. . r .. .. , . �:1J.._'•✓+.:'rv.• • nll .._., t. � hl .. ZT �^i:. .R '�� a - 18 = ti'[;`.';v+,9',''�.,[,..i.'t'a•y, ,t - v - _-' '� 'z Vie'•, �- !'e - •�'� r x Sri-.•e-s; w' ;",�� s>girW 4,+'r;.;r,�r`r', MrA Piummert Ohl i�f. ahnaons ... because that stops anybody from filtering through here seven - j)vbr into the back areas. Mt. PUmme,rI OIt, Olt-, Mrs. Kennedy: No... Mr: Johnson The only reason that they would go otherwise is if they're on Aba... I can't say what's going to happen when Terremark opens. -;,T Mr. Plummer: All you want is what's there to stay there. j. Mr. Johnson: Yes, sir. :y rY'r Mrs. Kennedy: Put, we're not discussing that, we're not discussing that, James.. jMayor.Suarers It's not before us today. OK, just information. - = -UNIDENTIFIED SPEAKER: Yes, it is. Mr. :Plummer: 'Vast_ a minute I. asked if it's presently those, two barricades ' p y are in place and the answer was yes. Mr. .Johnson: Oh, they're temporary. Mr. Plummer: Well, in place, is temporary, where all the rest of them are . temporary. }' ;Mayor:Suarez: a re not acting on that today, are we? ., UNIDMIFIED SPEAKERS: Yes!. it ! ,Mr. glummer: ,Yes,, .that Ia. -item 24. � >Mayo:r;'.Suarez:;.., ,Vhat .item• is that? —° Mrs..Kennedy: Oh, ,that,,•is 247' ,.UNIDENTIFIRD SPEAKERS: '``' Twenty-four. That's ,part of -this motion !V ;UNIDENTIFIED SPEAKER: ,That's the em,q,tion right=now.' k f Mayor Suarez:.:..Oh,::because ,he is-, on the east' side of 27th, all;'rght: I'll move an PZ-24. Subject to the: voluntary. contributions sufficient .to pay a '¢ for,;thesg permanent-. barricades that we: install :thean;in=.a11-the they have been the temporary ones. 'AAd I so move. }: {Applause :Mayor,.Suarez:, : Please, ,,please, please, please. ;Mr. Dawkins: You're saying that ,� ' y 8 .put ':the. barricades;•there ,and•who F. to pay four .them;thattlo-what you',ra so in 2 :: �N1' +3. "Mayor:-- Aight, .3'm, sa in that I-' Y g y B : ps also as in t�tat nat . � k-. s3tsgle';oae a# the Paes.'in my: Mot ion can be put unless the fundixig tis ob#sise�#r� `a , �' :;vol�tntai i y for-41 G€.::then►,. beeause:'that;': the only 3+By.:ri �► ct hitl�k;: i';:?naik r=y , a mot ian,s 5; ' :n {-,; t t:S.:.r .-0!Y ,..'[. `'.:._: M1rz4's-F ,. -J, - .� :; ,>,y,- •• ,. T.a:' F>.'; ;;'`'V+'Yn `5j��. S Q i t. I' ll second that ter.. A w n e nd'F= - :K i S .a yt, Mr :' J':M. t SAS. s e. x8 .:,... .i. 4r lr'F,i-.�; . •. �.r A. f,!! •,�. .:: :.. � ed - - .,w.'y-...,:r . `x'r;'f:si' •E • -rim , .tvd. is - Yt)✓ i p re' /►Ai l is.; * t - - ..•r .iT•y. �•care } - r +t -1. '.4: i t • r. . ' rY:.;",..,,,, .,.,< ..;- . ,,,, ...>-. ':ram°`-; - .,, 5" '�•', s. S eL Y - D •r:}t �.l a.it 5 ' n'1 ` { . _�'c_ �.:-r...,... _ .'`§. c. ...,r,._ > - t_., ,. .. - .. ,_'.t'krc..;. ,. .., =�.,.. ..z .. _. .i•sYs �..^, �:u5^""i�1Ca19'i4 air. .. _ - tD ID 1IrINb SPEAKER (MR. JOHNSON?): Sir, I have everything that I need. t `34•�`r -:'1'H.�'.4:i.P�:C..".Y"j;pi�'{j'•,g171.ti\.��'��- - I'm licensed, I'f11 a contractor and Mayor SuAratt Mg great; but *6 didn't ask you. Mr. Kayt You have an engineering contractor's license? Mayor Suareat I didn't ask anybody abou end all of that. Nowo we have to get Novo -what his key is, the City Attorney that obtaining of the funding and, yes, get your funding together otherwise... (Applause)- t this. we're just making a condition Into an argument with him about it. J just suggested that we put a limit on. I would say no longer than 90 days to Mayor Suarez: Listen, we can't go much beyond 90 days... UNIDENTIFIED SPEAKER: You're coming into the summer... Mayor Suarest' ... because otherwise we have to decide as to preserving the present status quo which is temporary barricades and I don't know if it's all that fair to the people who are opposed to them in any manifestation, permanent, temporary, or otherwise. Maybe 120 days, but I wouldn't go much beyond that. Mr..Plummar: Does this Commission get approval of how they look? Mayor Suarez Yes, subject to.approval of how they look. Mrs. Kennedy: I hope so, yes, yes. Mayor Suarez: By, staff. Mrs. Kennedy: OK. Ma"or'Suarez: And a satisfactory -plan y y -plan to "show that you can maintain them. :'- Mr."Dawkina:.: What about•liability? "Who's -responsible for liability? Mr. "Ka During- Key: ing•"construction. . Ms:jMcGee: How. about the liability., -of -pushing ;the. traffic; onto `our."street ?"' ' Hr.�Kay: ... the, during. the "construction the... Mr. Dawkins: No, no, no no n no,'no, o. No, while they're in place. {'t74 �. =."t•�'��k���'� Mayor..Suarez: .Once they're,, in; place. Mr.' .Dawkinsv' Once they're in place, who's responsible .for.,:the liability? Mr. Kay: It's a City street" and the City would take : over .the 'liability,, often construction.".and inspection: UNIDENTIFIED SPEAKER: Not from my tax money,' they won't, Mayor Suarez: There's no , alternative , to..that that I can think of. There_'s" :no. way to get a hold harmless or any..."._ OK, that's my motion. ' ■*: Mrs. Kennedy:"All right, et a g t, 1 m second your. motion. ' - Y. - - F•- - t'}�¢'�5�Zs! ,�i..- :�s:��.ii�j'>:i;,fr'y Ur. >Plurm4et.s ::,/�il_,ri ht what was the":time. limit' on r s" .1. _Y tii %�'•tL,x•. e: M.: s. eK"''iad : One twout days..'f" P,• ,.e'K{; an y,.• oue rtweptaye., �P . y'. d. (•� _ - 'r> i i ..�. _ + ;ir,'.t',:: :#`a, i'e.r<< �r','�'?•or>'`._} Yt ,"'^guro J4- Chanter t0 `'tAitl9a`•t - e,,.t, pA 7I�e.,Y ' - ;:��', sfi 'j, u,..`s ot `,-Does, Ties rCalk 9pt :13 the$ =triot us�ion ��.. +. ti J, J�t}i1 4_ *s � - -fi y.31.. �Y •� R -� , �'x 4 - b• t �„ d = - Y-1 •P R ilA..., �i - 3 4 .r r. �g t_ ->w ' . . ; • 3 ... - ._:. -:_ :... „':;, a•,— - - - `'T; -�. a,t' .7«-a't v�'�>:7-ig, ,y _ ..w L+ 7 'v .y_ �. ,y t� tf { 3 r s^ ! _ s ,r= - .1 .. 0 �. t - - .. �,4 .;.rs tir' r�"a",� J��w. ,. i, a• .>,,, :'. - - r: Mayor guaret: South Miami, that's where I live. t got the matt traffic. t1MIDEII$DPSA1St: fiigertail did hat have all the traffic in the Noitth Grove .going through It Mr. Dawkins: frail the roil, you got to... Mayor Suarest go'* thairtean,' We got to if th tl • .. a gen omen wants to make a' Point* Mr. 'Vice Mayoi, you're the chairman at this point. =<�' tv Mr. De Yurre: No further discussion, call 4 the roll. Mr. Plummer: No, wait, we wait, whoa# whoa whoa. Let me stop and think ' yy- for a minute. This is a little quick. UNIDBNTIfI$D SPBAXIRt We want a continuance, I think it's ridiculous. ' Mr. Plummer: See, I' want to vote yes to don't like barricades.-. reduce the amount of traffic but I (Applause) Mr. Plummer: Wait a minute, excuse me. Mr. Mayor, if I may. Mayor Suarez: Yes. , Mr. Plummer: Jim, you said that in your mind that there was the possibility that the diverters-could be effective - excuse ji se me, excuse me, did you not? s Mr. Kays That is a possibility because this is set u on a �.' there. are. ample streets with sufficient capacity for them to divert grid and have... o You Mr. Plummer: Would that 'of feet - would you say that that would, be the same!:, effect on the north side of 28th Street? '* Mr. Kay:._ That's a little different. No, that's. Mt.,- Plummer: See, I ,got to be concerned about the people $,treet:'. You!.ve-'denied them b the p P „north of 28th A than , Y previous motion, any protection, OK?' I: ,- you --'know, know, I m not saying that's wrong, I'm saying it's. not acToss,;the°'board .for --the protection of, both. Y sr ' .. - ' - ' - 's;'_..c,,u,: z•r','`v`i-''r�`-Jam'`-; a•: :, ,_Dawkins> Mr'I go''back;` -t: Mr: r,:Plummer;.' I` voted.' 'against the motion previous because coming now and I e I .knew what .;was:_'__ You know, how, do . I be consistent and balk away - from this chair `feeling that-.I've:beett fair to`a11? I'like.tha idea of reductiott of. the %: traffic:. My, problem is with barricades, that' e m ' help Y problem. They look like t -they. 'any" armed encampment, but etill... iAYAtTDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. r • Mr.. , Plummer: No, hey, Mayor: Suarez:' Please pF Please, please, please... r Mr. .-.Plummes`: I 'saw the picture. }i1 Mr. Dawkins: 1 o back , to pnq original statement Mi'aici' tie. Put . northwest a rthaaat: P bmrricad $.._. section. ' > zs;. :-:::'• ,} xtY�it , _ r-r.f'� .MWM�r:r• '1eS.�' _ ... w.l••:.r CIA y>'^v,.i'. sf r'- .,. .' - - } 3• a ldif i {GYM. t*`��• pt Mrft �awlc�#s: +.. 'arid.' T-''don't-knotr. why.: , these ttiQg Bud I ete` we: .think pf; putting diYertOxn..4ti F ad ..bY.y,: any. "`statement th t , ., ACity � . �' i► _ if we : 6 bays c de �..." �. R O' t ♦` `I..ni o' n ' .tit "�1ls. Y" tO' gu . Mhem aver v $: ; +..tr �,. 4n a.en..P. t. Y' pl�Kp :s s tl►ey Brent b 1 _ ,- .:} � ..rat- i'Znk:4".t.'s. f' y„ .}- _ +t _:..-?,.✓ +z �• (Apple s¢.., .. ,:. '+t, - �;A .rt i)-.y'snSafii,�?�•C'vitl��� d y r * yj 'S,.any- b 7f tC' ?• -C A e " Q - - - ;:t':,a ..�: r�+t:rr:a��ts.c _ -... - _-.,;-.. ,;.ff"i',r z .✓. - - t k t": '�'!:". '.S.-. ty.tl:•-+ r; ti.''',UI,.TN U ,.'d����� �. ;l? .t : _ _- p/� -.1r �rr y1 _ r+`,% :'14•: i7•,>L%.Y1•. _ sC^'? h i it • t. r t•P � I A �' as •_ "1 - t5,• ' r:Y.n ..arf "."4�w _ ,.�•,,,., ate. «-1 ,i .•i::,'�i., 'fit.. d a..;a N � I UffilfiE9'1'IB'1ED $f'SAYtER: ... City planning, It you block off every street, how do you get thetel Mayor Suaress Please. The following resolution was introduced by Commissioner Mayor Suarez, x Who moved its. adoptions.'` 4 -' RESOLUTION NO. 89-485 =; A RESOLUTION MAKING FINDS, AND DIRECTING THE PERMANENT — PROHIBITION OF "VEHICULAR ACCESS TO ABACO AVENUE. x' INAGUA AVENUE, SWANSON AVENUE, TRAPP AVENUE AND LINCOLM AVENUE AT THS NORTHEASTERLY SIDE OF THEIR _ INTERSECTION WITH AVIATION AVENUE, AND INAGUA AVENUE, TRAPP AVENUE AND LINCOLN AVENUE AT THE EASTERLY SIDE t OF THEIR INTERSECTION WITH SOUTHWEST 27TH AVENUE, AND ANDROS AVENUE AT THE WEST SIDE OF ITS INTERSECTION WITH WASHINGTON STREET IN THE CITY OF MIAMI, FLORIDA, ,- PROVIDED THAT THE CONDITIONS CONTAINED WITHIN THIS _ RESOLUTION ARE MET; AND DIRECTING THE ADMINISTRATION TO REVIEW OTHER ALTERNATIVES IN THS,EVENT THE REQUIRED t` MONIES FOR THE BARRICADES ARE NOT OBTAINED. k, (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)' >— Upon being seconded by Commissioner Kennedy, the resolution was passed :a• and adopted by the following votes t f' AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES:. Vice Mayor Victor.De Yurre ABSENT: None. COMMENTS MADE ROLL CALL: Mr. Plummer: Since there's no other alternative, I've got to vote yes. a,. tea.: CAPplause'and Shouting) Mr. Dawkins Now, that include 28th Street? . Mr.'Piummer: No it doesn't include 28th Street, that's my guilt. t Ms. Hirai: Excuse'me'... Mr..'Dawkinst Twenty-eighth Street want to pay for them? f, INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. ... Ms: Hirai: Mr. Mayor, I would like to finish ,the roll - call. I haven't ; iiniphed the roll call. COMMENTS MADE FOLLOWING ROLL CALL: ; t 5 r ax Mr, Dawkins:, No, what is the vote now? What .is the vote? k 'z #"r_• .. _ - .. t'; �¢ �pf{� zip i�'fk.a��*`, Hs; Hirai: your to one. 51 Nr. Dawkins: Four to one? p �� ♦'fir. �f 4.3 �$r tf.3.v£it¢� L r*. st `d- , i ytj z i 1'ltunmer 1 Dawkins yOa r to .One, PAss. Suara:our to Rile. At Y I :ei:'t. .r.•. .;i _, ._.. .<3,rvf, ... a. :.. ._ : at ...,Ji ti a. Ai�vi+^.-:43...r. T. $;i+ � n 4 -t- 1✓�i d��y„t�:y�tTt�v��'d y+ {�,t`y "to Plummer: And. Yuma, you noted against the barricade..: oh; • es bK. t' .• naistent, yes. P Ma. Medeet Boy, the whole'south Grove will go for it. wait till they come 4V Mayor Suareat We hairs Pzy23 which is the... Mr Kay: Mr, Mayor, I have... 7 Ns: McGee: - You'll have Loquat and Kumquat first. Mr. Ka t •.• ask the Commission to withdraw; if possible, PE-25, y to sake a ' _,... the resolution before you is incorrectly worded. It states that Mr. Ralby is responsible -for the payment of the permanent barricade when, in fact, he was tiny responsible for payment of the temporary barricade. And I$m requestiAg Mn that you withdraw that.' Mayor -Suarez: •Withdraw it altogether, you mean? Mr. Kay: Yes, that particular item. Mr. Plummer: All right, let me ask you a question. Mr. Mayor, in the '> interest of fairness, can ire go back and now individually - address 28th Street? >v< Mr. Dawkins: I vote to reconsider. 'UNIDENTIFIED SPEAKER i Right, right. Mayor Suarez: OR, on 28th Street... s Mr. Plummer: You and I can't. You and I voted against it. Mr. Dawkins: Huh uh, we are not under Robert's Rules of Order, we are under._ 'Mason's Rules of Order and under Mason's Rules=of Order' you can;be'on°either.: Mr. Plummer: But.I'm a Catholic, Mason's Rules don't mean anything., Mayor-Suarez:No' no, .and to maintain fairness with h this. Commission; se, don't, f have-triek _as w cry. any :norg a 'used to sometfines here. Mr;Y Plummer: {hell, if, your motion..` _ :> a, Mayor ISuarez:., I'll be h + happy to reconsider if it s: . Mr.•-Plum6eri Your motion is 'to rreconsider. Mayor Suarez: We'll be happyto reconsider. ;r Mr. Pluacmer: :.. 1*11"make such a motion. }I`� Mayor''Suarers 'So moved. Motion to Mr. Plummer: Moti reconsider' 23. a !Mayor Suarez:- So moved. Mr:.DawkIns : Second.7i Mayor Suarez': S�:cciided, Call the roll on the motion to reconsider `23: ' ' Fp '�,�$� t.tacdt was. rOuCad Comi dmssior er >�' Plt�to�r►sr': a,�'.�b�p}r. �? 'Yai'.4ii:<;.>r?'+4fdfotl= its ' #•t - N.IID'�iON NQ pp ppL 4 �, �'7�a{. ;>: t SiD k°'R .Vt?TfTSJ�Y:P:,I:.,�,ti T - -ING - 'n M.ct.?'..•...4... e.,.,c:>"1 .�'.C;.''SC 4 tit NQR �rF s j F^a! fr. it4 N •.2.{ �' � - ti.. W.'.. "C" jf:' .1 i. lfi. R t . i '4:' }.�"'r.� x� r Vc' .ti+ 1 fi f - ,r sb »i^i.7.. .a. • sJS � s 1 i r.: S. u.J r'#' bI 1' -M`r' l. ��p'; `- -.v+ '`°� • -",i'', tic;: • _�'t:,w '`;C I' 7.t '},�>�:" `z ,+�:tab1. " _ t - _ Wiz°..; f�: f',�f"$ `k-'ti�F>•i{ ;*•.. 1'" - '.' �XRa Vi .: .-_�,�.. r+,s2.,.y,.;.;f.,,s��'ir,G,�,%«fkci;..�a2;,+,�.•'"swatp+. r a AV t1p6n beiing seeohded by Commissioner bawkinas the Motion we* paasod AM Adopted bar the following votee elf. AIMS e 106ftie216teer J. L. Plureffier, Jr. Coftissiono r itosario itenaedy.14 Cotedeaionor Hiller Dawkins View Mayor Victor be Vurre >_ Mayor Xavier L. Suarez t�fi�iiS a None. ASSSMt None. Mayor Suareze I think it's important that we show that we're not trying , to . y, _ play games by taking these is a particular order. Whether you agree with us or not, at least we're not trying to do it on the basis of which one happened to :,be first on the agenda. That's what I want to show. That's what I think, -. we'ought to reconsider if you'll... ✓. Mr.. Plummer: Mr. " Mayor, is It.. possible under reconsideration, Jim, the following. A diverter on 28th Street... Mr. Dawkins: I'm not voting for no diverter. 3 Mr. Plummer: All right, listen to me, Miller, please. All right? A diverter ` on ,28th- Street from Jefferson over to the corner. s- Mayor -Suarez: J.,L., may I suggest since because of the.latenese.of the. hour,. that: on: this, we send back to staff with other alternative ways of redirecting r traffic in that area includingthat possibility that you're showing here? {a (Applause). ' Mr.,,Sor 6.� Bring -_ g it back,- .,britg it. ba.k. Mriyor: Suarez:, Wait. Inclu`iing,.,stop •signs,. including your,, concept .that .you were about to - make, -,of - divert.ers : and get, reco=endations .back as to : r - .that ar®a only,: .. , Y y .I. will 5 .t Mr.. Dawkins:, ' ;,Mr: „Mayor, like. to ma ke , a,, %ubs I tute .motion, Tray.: 'a. substitute motion. Mr. Sorg: Bring it back, Mr..Mayor. a Planes: r: = - And, Me-. Mayor, in lieu of thbt .oTget 'something #n fairness to! the north side,'.1'll vote for this plan. But I think we can., ;•4, better: go fukther, and do. JX: Mayor Suareze I like this plan; I Just don't know. that we - since ve'haven't had it before us', that we ahauld vote on it today withov:t further, stud-;' Y,',w: Mr.: Sorgi Can you bring 23 back, Mr. Ma or,, o we .ca so resent you in unification? .. p -Mr. Dawkins;. I move that. we be fair... Mayor, Suaarezi � Twenty-three? 11,renty-three a the, one we•e a consideriag� ; �r Stuart. : s,>V•,;x�; _ �fr,;: xge. � Thst'at,right.,rt•' F '-tip _ s' :...move.{a:„.� kipp. ,_th ^t..� �- Vel 7. t • , vR. PrYea* r. t.,.z`.4Jfqq,,„,}FY ##� is"MWt,17 - Y• '.{ c'. H'T!'S �"{'fy'Y 5r_ A..' a*?. !!.v yaw ha?i: `arts` -- lye .i, ,. }�:,, ,1•tT r; }`">. r.' �, .t-. ^: .4x�k!i . 7�T Q� eia • - 1)d;n �h v:R �." _'.J:..f.7 i i '•k . n :4 : f ya•x . } c• Z .,. S J� i u r 41 O •� - a &_. ♦ Q •rr- - - airy - °;J..• u v A 0{► ;d- '.t a3'. ' r l•. n< N ;j. yt� fe .Y jn f- 41�.. Y _ y t3R '.0 `Yt — QQ v� tkt fi - .l _ 1.. -r F J� i.4 c • r - if 3L �>...'+.f :..;.: •_,.. ', .. �"r- '.. - - '-: :5. `"r- . +.: ': %"t _ ._ :..-r n.,, ,1.... , _ -_ .. ... s ,,,>•mr 4•...a....,:.�. ,_?',� -.. ,.. zxa.' _— v YtiA #$Ll"s -COMM S NOT ==PSI) Iii't'o Tn. PtJMLIC UCORb, Mayor Sutr*t* N'ait, we're taking these motions as the COMiseioners make it, which is what parliamentary procedure calls for. I was suggesting aft alternative to you or did you accept mine? Mr. Plumor: what was that? Mayor Suaret: That we send to planning for consideration of diverters or this particular plan that to shown up there, the islands. Mrs. Kennedy: I agree, I think the diverters might work. Again, they might, not but I'd like to hear from Planning first before I vote on it. Mayor Suarez: That motion that I was suggesting to you, J.L., would include any and all possibilities, but particular attention paid to,this... Mr. Plummerc That's acceptable to me. Mrs. Kennedy: Uh huh. Mayor Suarez: Yes. Mr..Plummer: That's acceptable to me. Mayor -Suarez::, OK.'.That .is the motion:that's on the floor, but I think.we,ean withhold, voting on, that, .Commissioner Dawkins wants, I think, everybody... { OK, he's withdrawn his motion. Mr.; De Yurre: What's the motion? Msyor,'.Suarez: ' The motion•.is as to the northern tier, for lack of a better term, to have Planning and Public Works and so on, examine the island posafbilityj:,that!s:.shown..on there:.in that -.sketch which I have a feeling is'the.: =y one that -might make the most sense. The diverters,idea or anq other.traffic plan,,to;ease; the,. ,impact, of -: what _'pe!ve :done ; in the southern tier,and' otherwise" a:{ trq•to restrict people that are not really going through.the neighborhood from ; " going' through -the :.neighborhood. Hr. Deakins:.,.. tiho,'a,,going:, to pay, for the diverters? r- x MayorWe're-just,' uarez: We're- just;havin .Pl ,r a g arming look t at, this point..' :rl Mrs.,`: Kennedgs'_ And come... back •to s u with a recamme Mr. Plummer: In thirty days. _ a_ Mr. Dawkins: If they come back... Mayor Suarez: I mould guess... Mr. Dawki s: if the n • • • y come back and approve them, who's going_ to pay -for..:.;,' sr1> `R. themT Mayor. Suarez:' .I would guess that' if... i . ., , Mr.:.e o Tk7' ,. Plummer; Oh, h, oh, excuse liieoi5:la jl r : real „ .. �: we sere', ,.BQinB _ to' : be aonsistemt 3. e :�Eorce ^ —:,P • t r, .p,QoPle to ,Y. `cr' ;their• improvtst4eats ' el j r .,•ti Mr P1vmmgr. s gA.aaB:. ccsiaq�}t the;,,i rc4 1 k.04, AuthFopsople. would hvato a y, e:: ths_ sputk�,4 le .•p. Y ;-for `i�t , u — P: . ' that +� anlq.,; fair. That's:'fair .:.. is Qn� • tti.'•vrift :-YXt': '.,Ti +.A'. - y,.. a r' 7 A _ h r i� �A ;NO /� N T O 3• [ 1 f ! ,PiTaI,IC R 4. UR , t- t , af.. - �. T Q r„4 Y r� ter. h f+t 1• b z LLt- 1 _ y ti. e�9 t _ - _ _ i'Li4' •' I q ,'Yr:•r '13 :'•Y• 1 4. 2" .st+ ri YaF -•_, ..., _, , .-•.. ... ..... ., .: .."" .. -+' - - tad f. rt . .S' r' a r•: — •P. f• F - - may,_ .!. . •Y i•j:.`i. sz. t y. - t • tv � p V d IN . }, ,>5 i -•mot �, /� �'f . _ ,ti{.. ,., .. w � .. . . ,. ,:fir., n .. _ ` ;i+l9•fk r z. . ,':.I .. 'r;t .' <aJk�"�+A ? I; AM: that a the boat I'm 901fil to get Maly6tt Boeing at how Mr t6hight. the afto*6r to Yes would like to go furthak. Mayor Suarez: Ththk you, sit. Madam Commissioner, did You &&tbftdt Mrs. Kennodyt Yes. Mr. be 'turret I'd like to... Mayor Suarest Mr. Vice Mayor. Mr, Do Yurre t I'd like to of for an amendment that in ease, within tht',; allotted time period, the group south of that area does not tome up with the 2e money, that they go ahead and also study the possibility of the divertera it that area so we might be a atop ahead. Mr. Kay: OK, could we move that to the July meeting, if possible; rather than.. Mr6 Sorg:' Can you move 24 to July till We Can come back with a proper plan please? Mr. Rodriguez: July 27. Mayor- Suareat OK, why, -Jim? Mr. Kay: Ritheithan ' the June 'meeting, we'll have to probably confer lwith . Metro Dade County on'some: other ituff'that we're doing. W Mayor Suarez: '-I seet OK. All right :and would you allow that into your motion ,17 that not come back until the July-24th of the recommendations? Mr. Rodriguez: Twenty-seven.: -Mr. Sorg: Twenty'threei'and'24.' Twenty-four .too: " a- d a Is 6 the south end''be.4itudiedi. Mr. Do.Yurreu, n Su' '"' Mayor. arei:`.,�'Twenty-fourth:' Mr.- Rodrii"ii'!_1'1_. i4intyr seventh.-.. 4 x `6me�`ba'ck'-`with:j �c 47 Mr S, S And, obviously, with including ther0s no problem wi tonsiideration.."s M Do, -There is -nci:'i r. meeting on, the 24th of July.now Mr.Rod ez U . rig July .27th.; .,'Mr.-,Sorat L'.4 f fl" Mayor Suarers'July 27th. That if..* 'Mr: "Sorgs,:!, COM-618240-niii.. Nayo,r or SU_ ez*V, You. 'bp pared th�at if. w thin pro i J120 xpecifiod',`1or-barricades, era nanc ng, or,.,,, t,,:,,thatyou, ic e ........ �,5' a As On ohaid' That�,s,w av, t e: IY' de Mayor "wants, to':, put- Int, -the olto r'n' ait'Lvio' h' h Vice`' M` 27winii Sevt�inot.''I t Ar. 460 IS VSti 0�44 Ir T t U i00 W Y .,'�7i y:„-::k::r� xi,•rz "�, :,Ei�':.'L`R- �y •;'�'.v,i .',.,rp;, "^r Tf ,,. Mayor Uara�ts 1 don iiant you to give an opinion off that, i►t this poiiit� jubt r.l+et of sac it it happens or not, .SY Mr. pluj"6rs Stinging 2S back. ,r. Mr. Sorts J.L., bring it back, bring it back, 24. Mayor gutress OK, so stated, the motion is seconded... Mr. Sorg s T%enty-£our too. Mayor Suarers and barring further discussion, please call the roii. Mr. PlU mare Not 24 they've already passed. ro Mr. Sorts They passed 24. t' ziJ Mayor Suarazrs Stuart, you're out of order. The :following motion was introduced by Commissioner Plummer, who moved Its adoptions MOTION No. 89-487 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PLANNING AND PUBLIC WORKS TO REVIEW OTHER WAYS OF -REDIRECTING TRAFFIC ALONG THE NORTHERN TIER IN THE COCONUT GROVE AREA (MORE SPECIFICALLY S.W. 28TH STREET :;AND 27TH LANE),. INCLUDING. 'THE';POSSIBILITY OF INSTALLING STOP SIGNS OR DIVERTERS AT DESIGNATED LOCATIONS (INCLUDING .': ONE, AT_ S.W..=28TH STREET FROM JEFFERSON OVER TO THE CORNER) OR ANY _OTHER TRAFFIC PLAN ;TO : ,SASE''. THE ;'' IMPACT ::TO SAID: • AREA'..: CAUSED'' , BY . ; : ': • ::. >; ;.: :,:; ARRANGEMENTS* ,. MADE- _TO%•. THE 'SOUTHERN TIER;.- FURTHER ti STIPULATING :THAT IF..'RESIDENTS DO;.,NOT ,COME UP�VITH THE,.f,,: PROPER:':FINANCING WITHIN •120:DAYS PREVIOUSLY SPECIFIED:..•' FOR THE SOUTHERN.,'TIER,:.THEN: THE-ADMINISTRATION;.WOULD;: OR. THAfi :AREA CONSIDER �'°INSTALLING -'DIVERTERS;>F . , �;�__; .+ ' - :=••.. -AN-" `ALTERNATIVEjAND FURTHER. REQVESTING {=jr ADMINISTRATION TO : BRING BACK A",`' PROP05ED STING ` PRESENTLY:;.`..'. CONCERNING THIS ;ISSUE'.. '. AT THE -ME _i. :FOR JULY 23 1989. SCHEDULED t `1 l F •; _ i eioner Kenned the motioa,''wasii: 'ssn A .�•::,,,,_ V Upos `rbeiisg:�� seconded ;i by.: Comm s y, -. i'. - ted' b 'the foil ow ote. ,9 - `ado B. _ - P Y _ uimner Jr. AYES:`- Commissionar.J. L'. Pl ,.' Co moissioner:. Rosario: Kenna d Mille Dawkins Commissioner. M 1 .. a Vi". Mayor., Victor .De Yurr . _ Mayor -Xavier L. Suarez1,7 ' - - ^.!�,:r' - `".,>_.,,'; bra'•'--"�. NOES..': - ABSF.NTs: No a-.- .. : -, . .r, 3•.-_'�F;�"q '.:. CdMMENTS MADE: DURING ROLL CAL I:- 'S , - y^�,`' .y, vim, y ?Y Mr: Plummets Tbe.t s.o�n`23?: �', - - :F.��'"t.'��-tr•,. •y f' r� • `Y ii Y �MrJ. Sor` .:'You'isa�►an''t,pa��ed 24 .yet, ahet's-my' street N°-;e;,^,r•f;t����"`' - eg 1i7, Mic. Piumdierx' .No, we did` pass 24-'' E- ..gi`k'•�,...•.r-. f..r. fds'•x: f.s.;, .,1.,, >I -sit e.},.�i. -- _ .4i yr a: j( _ f• -This +■ , t' TT ,! e '•fF: "49 —�-�rJ: i�s i"ir a"� ",,;�; tt�:'1¢J;.�,,:':�E]'19,''A;z'`�,f�'` y 1 l,;f:;:�' ..�.='�:`d:�e.��'�• _� � Nayo�c .Siiiixez#: ,�'a•pda��¢ �24;' ,wo'r�:.:�i►:23. t Xoufira_puG' of,�..Dr�6 :��1�: �.- :��Q��� X'S:f1�..t�f}}�f''#.��•'t#p.�t:�•O1'..->,,. s�,-; ;gh;r;' % 4.` s A Y• t 23 _ .t `�.: `�iR ti .��:•- -�. .�il. �!'!'IrQM,`,�.Rl. '1., •�. `•"�1R �s � f'y!f.}", i „fi r wn G nn. 4 '•/r lriN, .M',.r''- V1 :'i: t: ,' i+, f � `?' ':V A f a do f' t; yp -y' �df rtir'' if t 1 Sk Y: t 'F w.� - 5 77777-i- y Mai Hirrals Mi�htl. a n3 �� Comiesiorker, 16d love to get that on the record, if You donit Mir. P urtert Yest OOMMR*S BADE FOLLOitNG ROLL CALL: Mayor Suareat. And IS has been withdrawn by Stitt? OK. , 30. AVMORIZB.PA:VmENT TO KWDB, SPRECHER, YASKIN & ASSOCIATES, INC. - for professional services provided in preparation/presentation of conceptual design plans for Orange Bowl Modernization project Phase It. ''• Mr. Plummer: Have ve finished the regular agenda? They want to pass this. it's not my item. Mayor Suarezt Which is that? Mr..Plummers To pay on the funds for the Orange Bowl. The administration — , wants it. Mr. Odio: We'need_.it... Mr. Plummer:, Hey, get up here,and tell them what you need. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor . Suarez: Please, please we have not adjourned) We . need order! Including..our staff) Now, Mr. Assistant City Manager `in- charge of';this., _ meeting from the 'staff side. What items are of an 'emergency nature that need to act on? Sir, if any? Or Commissioners, I mean, I.... Mr. Plummeri He don't accuse me now ou want it brought_u ? I'll brin it;-,:',,, y> , yP g up butthat I. did it. ;._}i.„W,,•; - : don taccuse, Mrs: ,.Kennedy: Well, tell us about it. Mayor. -Suarez :. .Don't blame .it on a Commissioner. If you guys want something.:'; iiouglit.up that wain in -the agenda: `4 ` :r Mr: 'Odio: No, no. * <<f;j -' Jr.._Plummer: A resolution authorizing... Mayor,Suarers A resolution... Mr. .Plummer: .,,. authorizing paymentto 'the architectural _and.. 6Agineering firm . of Kunds Sprecher . Yaskia & Associates in the amount' `of, thirty-sx'-r for the, services provided by said firm , in preparation and' presentatioh-of concipptual designs for the Orange Bowl monitorization project,: phis:: ;`Ii accordance 4ith the terms of the agreement between _the. City of. Miami._and.sai,d firm,' allocating 'funds therefor for the Orange Bowl Stadium- enterprise':. opesating--budget. I so move, if your t V - �`- "� P'iCi'"'.��^''fir:'•''}}}',i•'. ii"id'''>n;'t�>Y,• Mayor. Suarez i So-mor•.ed'. Mrs Ketnnedys. Second. ;r r•n a o z �M:- r• S uare :' :An yd iacuss. ioo`on. het i em?J. . >Ur. a - f *- - ' 4. try. • �`'` r 3 r ' _ , S' %y`` :.� .• m�. tPl r• t a. Lt'i`my 'i` Y umme a ;.t t f -f\ } tt :,�., •o `Hire i` `M •tie'': 1� t � - rx i - t • s , -3 ..,.A _.: • .. ., r ;.: i. 4:. . z ,. >H,.. rtr Y. .l. ..h.. - - .—:.y.: Gies, t4- -i , .1 _ ':�ltl i'.�:�i: «t;.•...4",.,5 ..... .yn`_4Wk jXy1.. �3. �.n^t -!1 •• eJlr- " e .- •,. rs-5. AV t: u ,ro 't _ 1 r• tv a 32 - •h eV t^ 4 . e, -42- The following resolution was introduced by Commissioner Plunftsro who 66ved its adoptions RESOLUTION NO. 89-488 A RESOLUTION AVNOgIZING PAYMENT To THE ARCHITECTURAL AND ENGINEERING FIRM OF KUHDEj SPRECHER, YASKIN AND ASSOCIATES, INC., IN THE AMOUNT OF $36,500 FOR SERVICES PROVID13D BY SAID FIRM IN THE PREPARATION AND PRESENTATION OF CONCEPTUAL DESIGN PLANS FOR THE ORANGE BOWL MODERNIZATION PROJECT - PHASE 11, IN ACCORDANCE WITH THE TERMS OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND SAID FIRM, ALLOCATING FUNDS THEREFOR FROM THE ORANGE BOWL STADIUM ENTERPRISE FWD OPERATING BUDGET. (Here - follows body of resolution, omitted here and on file In the Office of the City Clerk.) Upon being seconded by Commissioner Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rosario Kennedy J" 9 Commissioner Miller Dawkins Mayor Xavier L. Suarez NOES: Vice Mayor Victor De Yurre ABSENT: None. Mayor Suarez: Now let me please, sirl Let me clarify that there was 'a recommendation from staff on that because,I could have sworn that we had not Mr. Plummer: On what, air? Mayor Suarez: On the item 'we just voted on. A 2, Mr P i,u,m;,M* 4'r - Siaff�is the one that brought it to me. . . . . . . . . . . O.dioiMr., Mayo this is the project we started last year. That's ............. . . . . . . . . . . . the!::: .new. Mayor Suarez: You're out of order, sir. Mr. Plummer: Xavier, the money is. due and owing. Mr. Odio: Yes, yest that's the now elevator tower that we,, were...., Mayor Suarez: I could have sworn that Ku , nde was not even involved.in this in - more. cs Mr. Odio: No, that's last year's. 31. CONTINUE AGENDA ITEM PZ-26 TO.THE-METING 07 =M-- 22ND 4. ir6t Item a ter,_OtO p m. the- first, f w cz q R., A, F. 04 ------------ rll�l 7-� =7777, �7 pt, yor,Su&re*!_OK-; ,.:T gather,,thAt, v_P,!xe,, n WQU '�_` 14 -, , , � �1 I nti 21 ter:,:-. ` iq tem.7, k 0 pp v _Jla,-' do youy&A 9,:0411 D' -MA�`199Mnek, qori mi a �"as lon$ as, to re `.ore .4on!,t need W EN SPEAKER i SZ , fr, : S 'a:' l �•T'; Y _ .._. met .F,r4 4 x - • f 6 F 1, i,t` Y C ,}.f�H2`]:,~t•;°,:i>i Y'is i4 t: .?y.r�. ,' > - Yas, tea' ata, you have to cone up to the Bike othet^si�a yos,'re �� r:rder� aa' ioh� Se `^ May oruaress the r�ecotd. 1#61466 Which, you're going to be out have a iliseulaaiois +DI trot on **'to still ih sbl�sion. If you me to adjourn, wb can ;, You waht'i anyithinS Y t — you said you were Sl'gAKERs Fine, last meeting that we were here, y it'at not ;4F� :-, `t1NIb8i�T#istRD l:tfb o'clock• We've been here like 7 tiI'aes aid . N oin to heir us' at g S _ fair. You heard everyone else• w, -, our item, ma'am? Mayor Suarez: which item is q- Twenty-six and you Oven said and you made a motion, you WIDENTIFIED SPEAKS Rs made a big deal about it... Mrs. Kennedy: General federal. all right... Mayor Suaress bK g y SPEAKER: .. • that you were going to hear us. That that pas the p .`M1 ttNIDEKTIFIED last time that was going to happen. you're interrupting! Now You're out of order) Please ma'am, y :. ``. ;. Mayor Suarez: UNIDENTIFIED'SPgpKERs And now, everybody's leaving, you know, because you're vote, we got to not going to hear us. It's ridiculous, but when you want our -;. go out and vote. You know? ,. lei, f ind out. I don't even know what took place* Ma'am, me Mayor. Suarez: M . we item 26 seven times?_ r -;' What took place? Have postponed N , sir,,no... Mr. Rodriguez:.. o A. =a= ,..�i times think Mrs.: Kennedy: Three . I ,,but...,think Mayor Suarez: That Was the itatement.she made,. seven times... - a d what about the other times? UNIDENTIFIED•SPEAKER: Anti f am, am, y ou're not on the iaike right now. k. :Mayor Suarez:. Ma'' ma' Mr. Ma or, it been p UNIDENTIFIED SPEAKER: y, s' ;. our staff . : _t:.r::•. No neither are you. I m asking Suarez': ' . s==,. th. _ ontinued from' April 27 �. Mr.. Rodri uers This item voas c ? �Mayor Suarez s Once or twice Mr. Rodriguez: I onAy have it once' over. herAT a . Mrs.' Kennedy: - Because, Mr. Mayor, because sae did tall them that we would t►s3ar <';,;,,}z45 ' ay. If its seven, I. m pilling to stquick. them at r Odio: Rosario,.Rosario Rosario. M Mrs. Kennedy: Twenty-six. Oh., �:T LF, F i s our .'rois in this?.'. "''�, Suarez: Who :do .y preseat7 ;fir" : ON y. r ^:: _ � � � - - ilk; e.. i3.�:F,;�'•>'�ra;e i ,em° pres3ident of rGeneral Banks Sure`er$ o Fernak1r•" M+al►ori��t I' Mesa 26involves. us directly. a `> dpfl't OL_t state : yourna1Re - in the reR4�rd? —++ hagor Suarez: Why: Y :'a-.' live at 17 J 7 SA scf! ,F �•;,,. a nandeza Sure,' I_ am-S.ergio. l�ernaade / ....n,. ` F . r.i.x tiieNA ?. }1��.: :Mie�i•,=�'�orid�:' We 'were #ek' � ;.�. sic _ •,t,s:=:,.;:_ t,-- - — t_�4I.`ayed,.: Tie Cg9sDAatmm $ipA, - ack, With ;aid `our -siege: era. xa'r°;yl.T - - - - - poop, •'ss r_s���'thia,�`: oil::�iid'��.. l{: _ ' 1e'',1Q�t ru • t' 'rye II lt. -•n. - r' _ r t = e,: A. d, o p , 16 'ti � �• t - C: �s 1, ,r �• yy - - i C'•- •k 1 S: .r �,::•tea' 1. i�. FN _ le II 1 ' 1 — — i .r�.x - 1 I i •1� •J +I F p ai I 2:a L P fir' . - .r�•.f'•>�". rr�. �• nS.., v {J?; -": u'G �L:,•X:�:T::., � F,Y� � ' 3 sY3•,r"!'�:. h`:SI:^f�.:r/r Jfti�u,St. ,'1,: r' I J,t - 3'b� - •'t ' t _ - ..:fit • ,.I• , „ •. ) k� t - .r S J 4! — a` x�H - ya,7 _•1 P - - ,,t.=..,::-,:3F,w^X:h•,r.�,� �..s::.&i�iz'tT'a`4$. .jy1�, _ — ti; tta--'9'i't A•.R .. .=Fl rR 7 -M 9, K, Ivan on the prbc6dural A*Pset of this other than t6tUthift &rder to this Comtonl6rij which I think we have managed to -1do. at this Oarlti veh on the procedural aspect of it, I don't think 1 ought to VOtt 86 I'th g going to. Leave it vith..the Vice Mayor- I can't, I have to abo taint, Ott They're all going to 90* it's ridiculous. Mr. rernabdo as That's all I'm asking, Mr. Vice Mayor. L re talking about first is a change it 5 ri Well, no, no, what you, P,4 Mr* Plumb& polity. Our attorney has left &180' r. Vito mayor, one last thing. Mr. F*rnandezi M because of. the proceedings that this Commission follow$- UNIDENTIFIRD,SPEMR2 Mr. vice Mayor. Mr. Vice Mayor. Mr. Plumnert, Am I to understand that the attorney for the applicant Is not present? Is that correct? mr.'r*rnandezt That is correct, Commissioner. Met, Hirais Yen, air. I don't of the interest of fairness, Mr. Plumbers Mr. Vice Mayor, in all is a problem. and I ze to the people. that are inconvenienced. it Applogi n understand that. What I would ask of the people who are being inconvenienced and they,would.li : ke to listen, what, at the next zoning hearin&,vou ld be the' most convenient for them to be heard? UNIDENTIFIED SPEAKER: Six o'clock. Six o'clock Le.fine. N 6010 o'clock. o, you can't say Plumert OK, a on . :. . I' . . -1 - b -after 6:00 o'clock, if it's at 6:00,o.clock f ifie, . f it's thei� rat', tam item. items. first usually, have three hour But, oclock I can.... Mr. DeYqrre I -OK",and what, I.would' direct, ,I.also, the adminis ration to- remind! because us it. seems.... item is to -'D the agenda that this no, putit on awkins:.. No r k i at item after... Plummery The f Dawkins Ater 6:00 o!clock. �3 -at 6:00 p.m. 0 you will continue this item to June' 22nd Mr. Rodriguez: S A .,-,DawXinG:,. ;Right-, r j IRodriguez:- June 22nd at 6:00 p.m. -. -Mr. Plummer: Thefirst item after ,6.00 After 6:00 p. M. I know. Rodriouez--,, n i 'Dawkins: And all,. of yo%t,. remind us who 51k pu;, com i� 0 , vj. --r, %:tx, or item !at, 90 PC's bear "At Mr. De.,Yurre: OK, that it. Av 'Yst sic 4, it Ca zZ 7t 7, 6- 7 • i. Tr :.._.. ., t ':i,, ,,. yCr7,y`_ .., .- ...,,...,'..,.__.i..,t.�ta;r'.,eF'-Z,`5au"r", �•-.,-��?°��� .. �j 0 32, CLAIM SRTTLMMTt DAMIAN GARCIA 0100*000 subject to claimant later lookiftS from the Florida Legislature to direct the City to PAY Aft additional $2500400). ....................... Mr. Jorge rornandeas Mr. Vice Mayor, pass. Mr. Do Yurre: On what? UNIDENTIFIED SPEAKER: Mr. Do Yurrat Read it. I have a resolution that I need you t6: Thank you very much. Mr. Fernandez: Thank you, Commissioners* Mr. Do Yurrei Read it. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mr. Fernandez: This Is a recommendation of the Law Department and this is a case insettlementthat you must pass upon if you approve the settlement. Mr. Plummers The cost to -the City would be a maximum of a hundred... Mr. Fernandez:. Right now, the City would be paying $50,000, insurance company would be - paying -fifty. Then they have the right to go to, the Florida ", Legislature and ask for an amount of $250,000 so we're limiting how m4ch tfi' ey could ask the legislature. It doesn't 'preclude us from fighting theta in, the,, legislature for a claims bill and then if successful in the. legislatUt;S - and .the legislature .,impose* onus, then, we wi 11 -have to --p4y an additiona $250,000. Mr. Plummer: Thiss--is the'.case of Virgiiiia,.'KeYT ,Mr:' Fernandez:'.C6krect:: ng, c ted� y & '' I i ' tw -thaV'. Mr;.:, Plummer Tfiis'': is thi,casi in w'hich� we�re�'biii e-- i a d t:htVe',`.1 f 6 y :own body:' i Mr. Fernandez"t Correct; and,. where our 6" ; :the' ti4mitivon :,testified te stified to'`regard: 'Without an admissioh-of� liability; mr* Dawkins: -that- yes., We -got people who'll,,*tand.up �1!11 -vote, or we wrong,: I admire:that. 'I -vote 'yen Mr, Do"Yurre't:- Moved. 101,; Mr. Piummers Excuse me what was our negligence? Mr� kinNvt having enough... Daws: Mr.' Fernando :Negligence' is that : contrary to law_ in- this,, ores, not have' 0. cloarly'delineated or domarcotid-arieii .for: nsnera In :which a 9.Flotr��-.'�`-;f'41`z"' were not 91164od:,to" trespass::4- TV. ummors—' 9, w Av D '40".-h 41- such - �.,4 W, buoy v 8: aher 4.1 de we YOU O&ted lt;i h area; at:,t a z ',c was,, &�-roqu to Pon. iti6nfor v rret; It Your.-,-...r60 oinitie4 t: i-o Ift, �::.o Fier Mendez; !Irela; , It :4;vt4k:*0q08W0M. 'V:" bro Lr u V; 4, X" rf.T u tN } it t ';a�'''a•t-,kr;,^* n �,F_ - Mr. De Turrez 0Kj ve he** a motion. Mr. Dawkinst It's your recommendation. Move it. Mr. be Turret Do we have a second? Mr. Plusatert I'll second it for discussion. w : Mr. Fernandez: Yes. yv . Mr. Plummer: What is the extent of the injuries of the individual involved? Mr. Fernandez: Substantial. I made the five day rule delivery to your office .a;{ with an extensive memo, Commissioner Plummer, explaining... p, Mr. Plumtmert ... total medical cost? Mr. Fernandes.: He has spent over $60,000 in medical. He has"lost the use of e_ an arm. He's suffered severe injury to his abdominal cavity. He may have :xx, lost use or function of some internal organs. a` Mr. Plummer: How old is the individuals Mr. Fernandez: He In in his early'twenties. Mr. Plummer: Wow. Call the roll. Mr. De Turret OK. No further discussion? rA The following resolution was introduced by Commissioner Dawkins, who = moved its adoptions RESOLUTION NO. 89-489 :i A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO " . PAY TO DAMIAN GARCIA , PURSUANT TO A CONSENT JUDGMENT,. BUT WITHOUT ADMISSION OF LIABILITY, THE SUM OF = _ $100,000 IN FULL AND COMPLETE SETTLEMENT OF ANY.AND #}� ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON _ ..THE EXECUTION OF A RELEASE, RELEASING THE CITY OF bIAMI FROH ANY AND ALL CLAIMS AND DEMAND , ..,�' _ S SUBJECT " TO . AN ACT OF THE FLORIDA. LEGISLATURE.; DIRECTING -THE "CITY,:. • OF. MIAMI' TO PAY TO DAMIANGARCIA AN ADDITIONAL`:SUM OF -`-.:'-.." .- `-�•';•,=''r'�`�:,.„�,.:.SY. -:MONEY' UP -.TO $250,000 SAID RELEASE TO PROVIDE THAT n,:x _ DAMIAN GARCIk MAY .SEEK LEGISLATION FROM THE FLORIDA } LEGISLATURE... DIRECTING' THE CITY' OF .MIAMI TO PAY: 'AN ADDITIONAL AMOUNT UP TO $250,000. `t (Here follows body of resolution, omitted here and on _ ;F.;:;,1„:,;r file in the Office of the City Clerk.). ;•t°'�. Upon being seconded by Commissioner Plummer, the resolutIon, vas paased and adopted by the following votes AYES: Commissioner J. L. Plummer, Jr.rk� ..,rYr �v;9rj Vi Commissioner Rosario Kennedy 14;4 Commissioner Miller Dawkins "' =' Vice Mayor Victor De Yurre NOES: None. ABSTAINS• Mayor Xavier L. Suarez, 4 "s ABSENT: Nosie. fp - era .,• ^c. Mac De...Yurses OK, 'toe meetiaga .adjourned:' Good tti$h �.fr4=•. gas; =+�`" Mt. FerDaAdea�s Ti►ank your'' Mr, Vice. T: L _ .Mayo .1•a -s a _ r- F. L N. - r;. _. :. , .. .. .', .. ... • _•'.-...,- • ,.. .— • -:' - ah - s'�.r: emu.• »w ; V a T u s< e >y: •r' ri 1 F S�t�u 5 j'. Y A If �r'es - - .ear... a,F,`l}-"e• 1 S l{ .4 i b F' 1 Y — NT. — p: s " `i.�a t< ayt " T..: - L t YY a�aa . k:Y' 1> r - x. vmRR zzlWO NO FURTMM t !#I55iON� TM MUTING VAS AWOU'mM AT fl:4l PAL, Uvvier L. Suarts MAT0R ATTZSTt Natty Hirai -- t cirr cum Walter J. lroamn P�- P�- • e u. 5 fir i {. 1 1 f n� t - -F1�. 4 Yf - f y } y S t4 ti ;.. ' ! y t y Y