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HomeMy WebLinkAboutCC 1988-01-28 MinutesOF mi MI * INCORY ATE 1 18 96 _ OF NEI INN MW ON JANUARY 28, 1988 (PLANNING & ZONING) PREPARED BY THE OFFICE OOF,� E CITY CLERK NAIL MATTY HIRAI City Clerk +� t aI. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. INDEX !MINUTES OF REGULAR MEETING CITY COMMISSION OF MIAMI, FLORIDA JANUARY 28, 1988 PRESENTATIONS, PROCLAMATIONS, SPECIAL PRESENTED ITEMS. 1/28/88 GRANT REQUEST BY LAW FIRM OF GREENBERG M 88-91 TRAURIG ASKEW HOFFMAN LIPOFF ROSEN & 1/28/88 QUENTEL, P.A., TO SERVE AS COUNSEL TO THE BUYER OF THE CENTRUST TOWER BUILDING. ACCEPT PLAT: PELICAN HARBOR PARK. R 68-92 URGE VOTERS TO APPROVE SCHOOL BOND REFERENDUM TO ACCEPT G.O. BOND PROCEEDS FOR CONSTRUCTION OF AND IMPROVEMENTS TO EDUCATIONAL FACILITIES. DECLARE ONE SURPLUS CITY VEHICLE AS SURPLUS STOCK AND DONATE SAME TO UNITED TENANT COUNCIL FOR CRIME PREVENTION PURPOSES. APPOINT RICHARD DUNN, PAT SKUBISH AND MANUEL ALONSO-POCH TO THE CITY OF MIAMI ZONING BOARD. APPOINT WILFREDO GORT TO THE CITY OF MIAMI PLANNING ADVISORY BOARD. ALLOCATE $50,000 IN SUPPORT OF THE 18TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA. (DISCUSSION CONTINUED) CLAUGHTON ISLAND PROPOSED HOUSING PROJECT NEAR VIZCAYA METRORAIL STATION. (See label 7-end) GRANT APPEAL BY DEIDRE'S GROVE, INC. FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING AT 3250 SOUTH DIXIE HIGHWAY AND 3271-3291 WEST TRADE AVENUE. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY APPLICANT (ABRAHAM H. SHUKAT) FOR REVIEW OF ZONING BOARD'S DENIAL OF APPEAL OF A CLASS "C" SPECIAL PERMIT WITH CONDITIONS FOR A CHANGE OF NONCONFORMING USE (SEE LABEL 14). SECOND READING ORDINANCE: AMENDMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE PLAN DESIGNATION OF PROPERTY AT 2951-2999 S.W. 22ND TERRACE FROM LOW MODERATE DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL. (APPLICANT: CHALLENGER INVESTMENTS.) (SEE LABEL 13.) 1/28/88 R 86-93 1/28/68 R 88-94 1/28/88 R 88-95 1/26/88 R 88-96 1/28/88 M 88-97 1/28/68 DISCUSSION 1/28/88 R 88-98 1/28/88 DISCUSSION 1/28/88 ORDINANCE 10373 1/28/88 1 1-3 3-4 4-5 5-6 F 7-8 8-9 9-19 19-24 24-26 26-31 f f 13. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE ATLAS FOR PROPERTY LOCATED AT 2951-2999 10374 S.W. 22ND TERRACE FROM RG-1/3 TO CR- 1/28/88 2/7. 14. (CONTINUED DISCUSSION) A) DENY APPEAL M 88-99 OF ABRAHAM H. SHUKAT OF ZONING BOARD'S R 88-100 DENIAL TO WITHDRAW CONDITIONS ATTACHED 1/28/88 TO A CLASS "C" SPECIAL PERMIT AT 1649 N.W. 27TH AVENUE (SEE LABEL 11). B) INSTRUCT PLANNING DEPARTMENT TO ENSURE THAT IN ALL FUTURE APPLICATIONS FOR CLASS "C" OR ANY OTHER CITY PERMITS, THERE MUST BE FULL DISCLOSURE OF OWNERSHIP. 15. CONTINUE PROPOSED SECOND READING M 88-101 ORDINANCE FOR: A) AMENDMENT TO MIAMI 1/28/88 COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING PLAN DESIGNATION AT 3616-3638 N.W. 23RD AVENUE, AND B) AMENDMENT TO ZONING ATLAS AT 3616-3638 N.W. 23RD AVENUE — FOR FURTHER REVIEW BY CITY ATTORNEY. (NOTE: THESE TWO ITEMS WERE ULTIMATELY PASSED, THIS SAME MEETING, AS ORDINANCES 10380 AND 10381 — SEE LABELS 31 AND 32.) 16. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE ATLAS BY APPLYING HC-1 AREA REZONING 10375 TO: (NORTH) N.E. 48TH AND 49TH STREETS; 1/28/88 (SOUTH) N.E. 41ST AND 42ND STREETS ; (WEST) NORTH MIAMI AVENUE; (EAST) N.E. 2ND AVENUE. 17. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE TEXT — ARTICLE 20 ("GENERAL AND 10376 SUPPLEMENTARY REGULATIONS"); ADD NEW 1/28/88 SUBSECTION ON GARAGE AND YARD SALES; SPECIAL PERMITS; DEFINITION OF GARAGE SALE, ETC. — PROVIDE THAT GARAGE AND YARD SALES BE PERMISSIBLE ONLY BY SPECIAL PERMIT. 18. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE TEXT — ARTICLE 20 ("ACCESSORY USES AND 10377 STRUCTURES'); TEMPORARY SPECIAL EVENTS; 1/28/88 SPECIAL PERMITS — DELETE CERTAIN SUBSECTIONS BUT SUBSTITUTE LIMITATIONS AS TO SPECIFIED PUBLIC FACILITIES AND THEIR PARKING LOTS; NUMBER OF ANNUAL EVENTS; NOTIFICATION TO PROPERTY OWNERS. 19. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE TEXT — ARTICLE 20 ("ACCESSORY USES AND 10378 STRUCTURES"); CONVENIENCE 1/26/88 ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES; VARIANCES PROHIBITED; COMMUNITY BASED RESIDENTIAL FACILITIES; ADULT DAY CARE CENTERS; CHILD DAY CARE CENTERS; ADULT ENTERTAINMENT, ETC. PROHIBIT ZONING BOARD FROM RELAXING SPECIFIC CONDITIONS OF USE UNDER PRINCIPAL USES AND STRUCTURES, ACCESSORY AND TRANSITIONAL USES. 31-32 33-38 38-40 41 42 43-44 "20. A) FIRST READING ORDINANCE: AMEND ORDINANCE 44-57 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - FIRST READING CHANGE PLAN DESIGNATION OF PROPERTY M 88-102 LOCATED AT 2600 N.W. 14TH STREET. B) 1/28/88 DIRECT ADMINISTRATION TO STUDY ENTIRE PORTION OF PROPERTY AT 2600 N.W. 14TH STREET FOR PURPOSES OF MAKING THE BLOCK ZONING UNIFORM. (APPLICANTS: MR. 6 MRS. M. ESCLOFER.) (SEE LABEL 21. 21. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 57 ATLAS AT APPROXIMATELY 2600 NW 14TH FIRST READING STREET. (APPLICANTS: MR. 6 MRS. M. 1/28/88 ESCLOFER.) (See label 20.) 22. AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD ORDINANCE 56-59 PLAN - CHANGE PLAN DESIGNATION OF FIRST READING PROPERTY AT 23-47 NW 32ND PLACE AND 34 1/26/88 NW 32ND COURT. (APPLICANTS: MR. & MRS. M. OJEDA AND R. MAESTREY.) (See label 23.) 23. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 59-61 ATLAS AT 23-47 NW 32ND PLACE AND 34 NW FIRST READING 32ND COURT. (APPLICANTS: MR. & MRS. M. 1/28/88 OJEDA AND R. MAESTREY.) (See label 25.) 24. A) RESCHEDULE FIRST COMMISSION MEETING R 88-103 61-63 IN FEBRUARY. B) SCHEDULE PUBLIC HEARING 1/28/88 ON PROPOSED ISSUANCE OF MASTER DEVELOPMENT ORDER AND INCREMENT ONE DEVELOPMENT ORDER FOR THE OVERTOWN/PARK WEST REDEVELOPMENT AREA. 25. DIRECT ADMINISTRATION TO PLACE SECOND M 88-104 63-64 READING OF AGENDA ITEM PZ-145 (ATLAS 1/28/88 CHANGE OF PROPERTY AT 23-47 NW 32ND PLACE) ON AGENDA FOR FEBRUARY 18, 1988. (See label 23.) "26. CONTINUE AGENDA ITEM PZ-15 (PROPOSED M 88-105 64-78 ZONING ATLAS AMENDMENT OF PROPERTY AT 1/28/88 2785-2855 TIGERTAIL AVENUE AND 3241- 3299 MARY STREET), AND PZ-16 (APPEAL ZONING BOARD'S DENIAL OF VARIANCE AT 2815 TIGERTAIL AVENUE) PENDING WORKSHOP TO BE HELD CONCERNING POSSIBLE COMPROMISE. 27. GRANT REQUEST FOR AMENDMENT TO R 88-106 79-84 DECLARATION OF RESTRICTIVE COVENANTS TO 1/28/88 PERMIT A SURFACE PARKING LOT AT 2230- 2240 S.W. 16TH STREET. (APPLICANT: GREENBERG, TRAURIG, ET AL.) 28. DISCUSSION AND CONTINUANCE OF DISCUSSION 84-86 PRESENTATION OF FINDINGS AND 1/28/86 RECOMMENDATIONS OF THE COCONUT GROVE TRAFFIC STUDY TO THE AGENDA OF FEBRUARY 25. 1988. ^29. GRANT APPEAL FOR REVIEW OF ZONING R 88-107 87-114 BOARD'S DENIAL OF VARIANCE TO PERMIT 1/28/88 EXISTING DOCK AND CATWALKS AT 3590 CRYSTAL VIEW COURT - WITH CERTAIN PROVISOS (APPLICANT: JEFFREY TARDIFF.) 30 A) EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 114-116 PROJECT 'GOLDEN ARMS ACQUISITION". B) 10379 AUTHORIZE ACQUISITION IN LIEU OF R 88-108 CONDEMNATION OF GOLDEN ARMS PROPERTY. 1/28/88 31. (CONTINUED DISCUSSION) AMEND MIAMI ORDINANCE 117-118 COMPREHENSIVE NEIGHBORHOOD PLAN - 10280 CHANGE PLAN DESIGNATION OF PROPERTY AT 1/28/88 3616-3638 NW 23RD AVENUE. (APPLICANT: CONSIGNMENT AUTO SALES, INC.) (NOTE: THIS ITEM HAD BEEN PREVIOUSLY CONTINUED BY MOTION 88-101) (See labels 15 and 32.) 32. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 118-119 ATLAS AT 3616-36238 NW 23RD AVENUE. 10381 (APPLICANT: CONSIGNMENT AUTO SALES, 1/28/88 INC.) (NOTE: THIS ITEM HAD BEEN PREVIOUSLY CONTINUED BY MOTION 88-101.) See labels 15 and 31.) 33. EMERGENCY ORDINANCE: EXTEND MORATORIUM ORDINANCE 119-120 ON COLLECTION OF IMPACT FEES. 10382 1/28/88 34. DISCUSSION AND CONTINUANCE OF APPEAL BY DISCUSSION 120-124 EXXON CORPORATION OF ZONING BOARD'S 1/28/88 DENIAL OF SPECIAL EXCEPTION TO PERMIT REDUCTION OF TRANSITIONAL AREA REQUIRED TO RECONSTRUCT A GAS STATION. 35. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP M 88-109 124-125 THIS DATE TO FEBRUARY 25, 1988 AGENDA. 1/28/88 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 28th day of January, 1988, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 4:34 p.m. by Mayor Xavier Suarez with the following members of the Commission found to be present: ALSO PRESENT: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matty Hirai, City Clerk Walter J. Foeman, Assistant City Clerk An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then led those present in the pledge of allegiance to the flag. NOTE FOR THE RECORD: AT THE REQUEST OF MAYOR SUAREZ, THE COMMISSION AND THE AUDIENCE REMAINED STANDING FOR ONE MINUTE OF SILENCE IN MEMORY OF THE LATE MR. ELISEO ARGUELLES, THE FATHER OF VICE MAYOR KENNEDY. 1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS I. Special recognition to Ms. Mailika Roberts for her achievements as an artist and her efforts in advancing the fine arts in the school systems. 2. Proclamation to Ada Linares for her accomplishments as a Spanish Flamenco dancer. 3. Proclamation presented to Dr. Juan Alberta, of the American Heart Association, proclaiming the month of February 1988, as Heart Month. 4. A brief ceremony commemorating the birthday anniversary of the late Cuban patriot, Jose Marti, was conducted. Several of his famous quotations were read by the Mayor, Commissioners and staff. Miss Teresa Hernandez sang the United States and Cuban national anthems. 2. GRANT REQUEST BY LAW FIRM OF GREENBERG TRAURIG ASKEW HOFFMAN LIPOFF ROSEN & QUENTEL, P.A., TO SERVE AS COUNSEL TO THE BUYER OF THE CENTRUST TOWER BUILDING. ---------- --------------------- ----- ----------------------- ------ Mayor Suarez: Madam City Attorney, you wanted us to take up a procedural item on a conflict? Mrs. Dougherty: Yes, air, Greenberg Traurig has asked the City Commission to consent to their representation to be local counsel to a proposed buyer of the CenTrust Tower Building. The reason they're asking for our consent is they serve as bond counsel to the City and the City would also have to consent to this acquisition so they're asking your permission to serve as local counsel. And we recommend it. We don't think there'd be any adverse impact to the City. 1 January 28, 1966 Mayor Suarez: We need a motion to that effect? Mrs. Dougherty: Yes, air, yes, sir. Mrs. Kennedy: I move it. Mayor Suarez: !loved. Mrs. Dougherty: They're going to serve as local counsel to a proposed buyer of the CenTrust Tower Building. Mayor Suarez: What do you have, a provision on anyone who is representing the City in any matter or just or for bond counsel that they're not supposed to be acting on behalf of any other clients? Mrs. Dougherty: No, it's simply because as bond counsel they are also serving as the City's bond counsel in connection with the refunding of the Convention Center and also the City would have to consent to the sale to their client. Those are the two reasons. Mr. Plummer: Well, but as City Attorney, you're recommending and you see no conflict. Mrs. Dougherty: That's right. Mr. Plummer: Fine. Mrs. Kennedy: You'll second? Mr. Plummer: Yes. Mayor Suarez: Moved and seconded. Are they, in any way, involved in the evaluation or bond opinions related to the CenTrust Tower at all? Mrs. Dougherty: Yes, they will be. They will have to opine that the... Mayor Suarez: Wouldn't it make more sense... Mrs. Dougherty: ... acquisition would not be adverse to the bonds. Mayor Suarez: Wouldn't it make more sense for one of our other bond counsel... Mrs. Dougherty: They've already been doing it for a long time. I would assume that... Mayor Suarez: I see. Mrs. Dougherty: ... they would prefer not to be counsel to the acquisition than not bond counsel. Mayor Suarez: And you're satisfied, I think Commissioner Plummer asked if you're satisfied that there won't create a conflict from our perspective. Mrs. Dougherty: I am satisfied. Mayor Suarez: We think we're properly advised regardless, even if we pass this motion? Mrs. Dougherty: Yes, sir. Mayor Suarez: I have a motion and a second. Any discussion? Call the roll. 2 January 28, 1986 The following motion was introduced by Commissioner Kennedy, who moved its adoption: MOTION NO. 88-91 A MOTION OF THE CITY COMMISSION ACCEPTING THE RECOMMENDATION OF THE CITY ATTORNEY TO GRANT REQUEST MADE BY THE LAW FIRM OF GREENBERG TRAURIG ASKEW HOFFMAN LIPOFF ROSEN & QUENTEL, P.A. TO SERVE AS COUNSEL TO THE PROPOSED BUYER OF THE CENTRUST TOWER BUILDING. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 3. ACCEPT PLAT: PELICAN HARBOR PARK. Mayor Suarez: Planning and zoning item one. Mr. Dawkins: I have a... Mr. Plummer: Excuse me, what about the Consent? Mayor Suarez: I didn't even know we had a Consent Agenda. What are the items comprised in the Consent Agenda? Mrs. Kennedy: I think it's only one or two. Mayor Suarez: Items one through six? Mr. Plummer: No, Consent in only one in... Mayor Suarez: Comprised... Mr. Dawkins: One and two. Mayor Suarez: One and two, comprise the Consent Agenda. Mr. Plummer: But two has been withdrawn so it's only one item. Mayor Suarez: We've got a Consent Agenda comprised of one item. Mr. Plummer: I move it. I move it. Mrs. Kennedy: I second. Mayor Suarez: Moved and seconded. Accepting the plat. Any discussion? Call the roll on item one. The following resolution was introduced by Commissioner Plummer who moved his adoption: 3 January 28. Igoe RESOLUTION NO. 88-92 A RESOLUTION ACCEPTING THE PLAT ENTITLED PELICAN HARBOR PARK, A SUBDIVISION IN THE CITY OF MIAMI; ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Mayor Kennedy, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 4. URGE VOTERS TO APPROVE SCHOOL BOND REFERENDUM TO ACCEPT G.O. BOND PROCEEDS FOR CONSTRUCTION OF AND IMPROVEMENTS TO EDUCATIONAL FACILITIES. Mr. Dawkins: Before we get to three, I have a pocket item I'd like to... Mayor Suarez: Commissioner Dawkins. Mr. Dawkins: I would like for this Commission to approve a resolution that I have asked the City Attorney to draw on and you have the resolution in front of you and I would like to read it to see if I could get it passed here and it said, a resolution endorsing and urging that the voters support and approve, with provisions, the School Board referendum for expenditures of general obligation bond proceeds for the construction of new education facilities and improvement to existing educational facilities. Further, directing the City Clerk to transmit a copy of this resolution to the herein designated officials and part of the provisions are number one, that out of the $780,000,000, that the School Board meet the City of Miami's hiring goals and that we use local contractors and local suppliers and local everything for this bond issue or we will not support it. The other one that I am strongly in favor of is that the School Board must promise that the School Board will graduate students from high school who can read, write and count. If they do not agree to those things, then I'm not in favor of supporting the bond issue and Commissioner De Turre has some things that he would like to negotiate with the School Board, but if we pass this resolution then, I think, it's an order that any of us who have anything of concerns could go to the School Board and negotiate them. Mayor Suarez: Do you have any problem, Commissioner, if we consider this resolution in case we want to add additional things that would be necessary for... Mr. Dawkins: By all means, I would hope that we all would come up with some things that they would have to meet in order to get us to support the bond Issue. Mayor Suarez: Because those I agree with that... Mrs. Kennedy: I second your motion. Mayor Suarez: So moved and seconded with that understanding. Mr. De Yurre: I think that, Mr. Mayor, that certainly the spirit of this resolution has to be delivered to the School Board and that is that we have many contractors, many employees, many people that want work in this community and time and time again, we see people from outside of our local area getting 4 January 28, 1988 9 9 these big jobs and the big contracts and I think it's about time that, you know, we take a stand on this issue and we know it means a lot to our kids, but let's not only worry about our children, let's also worry about the adults that need the jobs to feed the children that are going to be going to school. Mayor Suarez: Any further discussion on the motion and a second? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-93 A RESOLUTION ENDORSING AND URGING THAT THE VOTERS SUPPORT AND APPROVE, WITH PROVISIONS, THE SCHOOL BOND REFERENDUM FOR EXPENDITURES OF GENERAL OBLIGATION BOND PROCEEDS FOR THE CONSTRUCTION OF NEW EDUCATIONAL FACILITIES AND IMPROVEMENTS TO EXISTING EDUCATIONAL FACILITIES; FURTHER DIRECTING THE CITY CLERK TO = TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. (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 Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 5. DECLARE ONE SURPLUS CITY VEHICLE AS SURPLUS STOCK AND DONATE SAME TO UNITED TENANT COUNCIL FOR CRIME PREVENTION PURPOSES. Mayor Suarez: I just want to mention this resolution. We've been asked by the United Tenant Council, a non profit organization, to resolve or to give them and to grant them the use of a surplus vehicle that will be used in efforts to assist their own membership and to deter crime and I have a resolution to that effect which reads very quickly. "Whereas the United Tenant Council, Inc. is a non profit organization that is engaged in efforts towards deterring crime in the City, particularly crimes against the frail and elderly. Whereas United Tenant Council, Inc., is in need of a vehicle to be used in its efforts towards deterring and preventing crime. Whereas as the City Commission recognizes the need to render assistance to citizen groups who are engaged in efforts to deter crime. Whereas the City has a surplus vehicle, vehicle no. 402, that could be used to fulfill this public purpose. — Now, therefore, be it resolved by the Commission of the City of Miami, Florida, the City Manager or his designee is hereby authorized to declare one surplus City vehicle as category A surplus stock as provided in section IS- 51.4 of the City Code, two said category A surplus City vehicles shall then be _ donated to the United Tenant Council, Inc. in its effort toward deterring and preventing crime in the City of Miami particularly those crimes against the frail and elderly." And I would entertain a motion to that effect. Mr. Dawkins: So move. Mayor Suarez: I see Dr. Vega getting ready to give us a thirty minute... Mr. Dawkins: No, no, no, no. If you speak, you lose my vote. Mayor Suarez: He's getting ready... 5 January 28, 1988 Mr. Dawkins: I move it. If you speak, I don't move it. Mayor Suarez: He's getting ready to give us a thirty minute dissertation that I'm sure we want to avoid, so... Mr. De Yurre: I'll second that. Mayor Suarez: We have a motion and a second. Any discussion? Call the roll. Mr. Plummer: Under discussion, Mr. Mayor... Mayor Suarez: Yes, Commissioner Plummer. Mr. Plummer: It is understood, I assume, even though it's not written into the resolution, that it completely absolves the City from any responsibility or financial obligation. Mayor Suarez: That's correct. Madam City Attorney, on any gift of a surplus vehicle of this sort, it's understood that we have no liability. We're not indemnifying or whatever? Mrs. Dougherty: That's correct. Mayor Suarez: Any further discussion? Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-94 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO DECLARE ONE (1) SURPLUS CITY VEHICLE AS CATEGORY "A" SURPLUS STOCK, AND DONATING THE SAME TO THE UNITED TENANT COUNCIL, INC., A NONPROFIT CORPORATION, SAID VEHICLE TO BE USED BY THE ORGANIZATION IN ITS EFFORTS TOWARD DETERRING AND PREVENTING CRIME IN THE CITY OF MIAMI, PARTICULARLY THOSE CRIMES AGAINST THE FRAIL AND ELDERLY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Delivers comments in Spanish to Dr. Vega to explain that the vehicle was granted. 6 January 28, 1988 -�.._�-------------------- ------ - - - - - -- - -- ---- --- - -- 6. APPOINT RICHARD DUNN, PAT SKUBISH AND MANUEL ALONSO-POCH TO THE CITY OF MIAMI ZONING BOARD. -------------------------------------------------------------------- Mayor Suarez: We have appointments, item 3, Zoning Board. We have one appointment from Commissioner Dawkins who stepped out, Commissioner De Yurre and Commissioner Kennedy. Mr. Dawkins (OFF MIKE): I nominate Dick Dunn. Mrs. Kennedy: I nominate Pat Skubish. Mayor Suarez: Richard Dunn. Mr. Dawkins (OFF MIKE): Richard Dunn. Mayor Suarez: Reverend Richard Dunn. Pat Skubish. Commissioner De Yurre. Mr. De Turre: Manuel Alonso-Poch. Mayor Suarez: Manuel Alonso. We have those three nominations in the form of a motion and a second. Mr. Plummer: Second. Mayor Suarez: Call the roll. The following resolution was introduced by Commissioner Dawkins, who moved its adoption: RESOLUTION NO. 88-95 - A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE - AS MEMBERS ON THE ZONING BOARD OF THE CITY OF MIAMI, FLORIDA, EACH TO SERVE A TERM ENDING DECEMBER 31, 1990. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution vas passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 7. APPOINT WILFREDO GORT TO THE CITY OF MIAMI PLANNING ADVISORY BOARD. Mayor Suarez: On item 4, Planning Advisory Board, we have a nomination from Commissioner De Yurre and one from Commissioner Plummer. Mr. De Yurre: I'm going to hold off on my nomination at this point in time till neat meeting. Mr. Plummer: I nominate Mr. Willy Gort. Mayor Suarez: That's in the form of a motion. Do we have a second? 7 January 28, 1988 Mrs. Kennedy: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution vas introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-96 A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS ON THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI, FLORIDA, EACH TO SERVE A TERM ENDING DECEMBER 31, 1990. (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 Victor De Turre Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner Miller J. Dawkins NOTE FOR THE RECORD: COMMISSIONER DAWKINS WAS ABSENT DURING ROLL CALL, BUT LATER REQUESTED HE BE SHOWN AS VOTING YES. Mayor Suarez: I guess, Sergio, we've got one left in zoning and one in planning. Item S. Mr. Plummer: Since this is Commissioner Dawkins', I assume, eh? Mr. Odio: Is Mr. Traurig here? Mayor Suarez: Are we going to get a status... Mr. Odio: After the last meeting, Mr. Mayor and Commissioners, we met with the two groups and I also spoke to Mr. Traurig and asked him if we could get an extension from Swire on this project. And I want him to give you the answer on his own words so that... Mrs. Kennedy: Mr. Mayor, excuse me, Bob, shouldn't Commissioner Dawkins be here since he put this item on the agenda on the first time? 8. ALLOCATE $50,000 IN SUPPORT OF THE 18TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA. Mayor Suarers Let's take up very quickly item six while Commissioner Dawkins gets back. Mr. Plummer: Mr. Mayor, item six is mine in reference the Unlimited Boat Race as we have for 19 years, I come before the Commission, I'm not asking for any additional funds and we haven't had in the past, I would ask that the split of It be different and that we get $50,000 in hard cash and we get the remaining balance of the account in -kind services and I ask and so move. Mrs. Kennedy: Second. Mayor Suarez: Fifty... Moved and seconded. Where does this money come from every year? Mr. Odio: It's in the budget. 8 January 28, 1988 Mr. Plummer: It's in the budget, it's a line item. Mayor Suarez: Budgeted as what, as a City of Miami function? Mr. Plummer: In the Marine Stadium, yes. Mayor Suarez: We have a motion and a second. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 88-97 A MOTION ALLOCATING AN AMOUNT OF $50,000 FROM THE TY188 ENTERPRISE FUND BUDGET (FOR MARINE STADIUM) IN SUPPORT OF THE 18TH ANNUAL BUDWEISER UNLIMITED HYDROPLANE REGATTA; FURTHER STIPULATING THAT THE REMAINING PORTION OF THE MONIES BUDGETED FOR MARINE STADIUM IN CONNECTION WITH SAID EVENT BE USED FOR IN - KIND SERVICES. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 9. (DISCUSSION CONTINUED) CLAUGHTON ISLAND PROPOSED HOUSING PROJECT NEAR VIZCAYA METRORAIL STATION. (See label 7-end) Mayor Suarez: Item five. -- Bob Traurig, Esq.: Mr. Mayor, in response to the request by your Manager that I appear and address you, I'm happy to do that. My name is Robert H. Traurig. I'm an attorney with offices at 1401 Brickell Avenue and I represent Swire Biscayne, Inc. which is the owner and developer of most of what is generally called Claughton Island, sometimes called Brickell Key. The question which the Manager asked me was whether or not we would again extend the time for performance under the contract. To give you background, the contract, as you have been advised by the City Attorney's office, has expired. We have ® performed under our commitment to the City with regard to the 3.2 million ■ dollars and an agreement to purchase and market those units that would have been created at the Vizcatran site had they been created by the time they were supposed to be delivered. That isn't by way of an answer to the question of the Manager, but some background. In the interim, we have been approached by a group of people who are prepared to create a low income housing project on that site. We have been asked whether or not we would make a substantial cash contribution for the purchase of the property. The answer that had originally been given and was confirmed in a letter to you, Mr. Mayor, was that we would contribute $300,000. We have subsequently changed that 6300,000 to $350,000 and I here tell you that in addition, we would lend to those prospective developers an additional $150,000 which would be due and payable at the time of the issuance of any certificate of occupancy on that property; thereby, making a total of $500,000 available to them to purchase the site and to create these units and that's in addition to the $100,000 which has already been given to the original proposed developers and an additional obligation that was assumed in connection with that contract. So, consequently, we are suggesting to you that in lieu of our extension of the time for the creation of a building which Mr. Carrillo has advised us cannot be built for the price that we have agreed to pay, we are offering to make $500,000 available to other developers who will create the units on that site and we urge you to consider that. 9 January 28, 1988 Mr. Plummer (Off mike): Cesar, the money is going to go to the developer? Mayor Suarez: Why Mould that money not go to the City? Mr. Odio: That goes to the developer, is that what he said? Mr. Traurig: No, I, we, we, we... Mayor Suarez: Who do you consider your commitment to be with? Mr. Traurig: Well, let me back up a little bit. Mr. Odio: OK, can I any something, Mr. Traurig, please? Mr. Traurig: Yes, sir. We don't care who the money goes to. Mr. Odio: before you give the answer. My only problem is that the idea behind this monies from Swire was to build apartments. And I think that you're holding on to a technicality of a time period and, therefore, the agreement has not been met by either side, OK. Mr. Traurig: Well, Yet me, let me re... Mr. Odio: And I think there is more than a contract here but that there is a moral obligation, from Swire's part, to have these apartments built. _ Mr. Plummer (Off mike): See, there was no contribution to the developer in the first one. Mr. Traurig: May I review then, for the benefit of the record and for those who aren't totally familiar with it. Swire, when it purchased Claughton Island, had an obligation to create 200 housing units on Claughton Island. As a result of a study done by the Urban League, it was concluded that that _ wouldn't be an appropriate place to create those units. Ultimately, we went to the City and the City said we should build 225 units off the island. We went back to the City at a later time and the City said, we would like you to contribute the 3.2 million dollars for the creation of what ultimately became two projects with 232 units... Mr. Dawkins: Wait a minute, I think there's an error there. The City did not suggest, you came and negotiated down to 3.2 million dollars. Let the records reflect that the City did not ask for 3.2, that it was negotiated down to 3.2 and this Commission, by a majority of votes, with some dissent, allowed the 3.2 to be negotiated. Mayor Suarez: And we also estimated that the total loss for this particular project and I think those were your figures, was going to be about $800,000 for a total net subsidy of about $4,000,000 and that was of course, the figure that we were going by. Mr. Traurig: At one time we said we anticipated that there could be a doss of $800,000. If you recall, Commissioner Plummer suggested that we temporarily suspend the item and go outside and discuss it. During which time, the developers, who were going to convey this property to us upon completion, reduced their price by $200,000 so that our ultimate exposure would have perhaps been $600,000, but it had been suggested to us by this Commission that we sight even make a profit on it. As a result, we came back to the Commission and we agreed to contribute 3.2 million dollars and, in addition, to purchase that project if it were completed by a certain period of time. It vas very clearly understood by us... Mayor Suarez: Was it if or when it was completed within 12 months? Mr. Traurig: It was... Mayor Suarez: I got the impression at the time that it was when it was completed. Mr. Traurig: When it was completed which was due to be last June, June of 1987. Market conditions change, as you know, there are going to be perhaps as many as 2,000 housing units in this price range for this basic market that 10 January 28, 1988 will become available within the close in and the areas near downtown which would include units to be built in Park/West and in Overtown; units to be built on Brickell Key, units to be built near the river, units that are presently under construction on the vest side of Brickell, etc. If may very well be that if these units that are now proposed to be constructed were ultimately delivered to Swire a year and a half from now, that the market conditions for marketing those units will be entirely different than the market conditions that were contemplated when Swire agreed to buy those units which they anticipated as a result of the contract would be in June, 1987. Rather than to do that then, and so that the City would have the benefit of a similar number of housing units, we make available this total of $500,000 which we are told will be the catalyst for the creation of those units. It can't be ignored by the City that 3.2 million dollars contributed by Swire which resulted in 160 units in Bast Little Havana and 160 units at the Shell City site did not have a major benefit to the population of the City of Miami. We are... Mr. Dawkins: Let the records reflect that Swire did not donate 3.2 million dollars, that it was a penalty Swire paid for not having built 200 units on Claughton Island. Let the records reflect that. Mr. Traurig: At any rate... Mayor Suarez: And if the figures bother me, let me just correct one thing. Did you say 160 units in Little Havana and 116 Lib... Mr. Traurig: Excuse me, 116 units in East Little Havana, 116 units on the Shell City site or a total of 232 units have been built as a result of the 3.2 million dollar contribution. We're suggesting to this Commission that it will achieve an equal benefit by the contribution which we presently have offered to make on the same site. The developers are here, they have urged us to negotiate that. We are prepared to make that contribution and, once again, I would suggest that you consider that the initial obligation was 200 units, it Increased to 225, you already have 232 and we're now making available another, roughly, 106 to 108 units. Mr. Dawkins: Let the records reflect that they did not do us a favor because the 200 units should have been on Claughton Island and on Claughton Island 200 units of housing is, I don't know how much money, so do not get the idea that Swire did the City of Miami a favor. The City of Miami did Swire a favor by letting them off the hook. Let the records reflect that. Mr. Traurig: That's in response to your question, Mr. Manager. Mr. Odio: I'd like to go back to my original request one more time that the simpler way to do this is extend your deadline so that we can get the units built and comply with the commitment that Swire has with the City of building the units. Mr. Traurig: Respectfully, Swire cannot do that. Thank you. Mr. Odio: Mr. Mayor, at this time it's up to the Commission. I have to recommend that we hold the line and try to hold them to their commitment and... Mayor Suarez: Do you understand that we are able, legally, to hold them to this commitment? Mr. Odio: I'm not a lawyer, but... Mayor Suarez: I sure hope we can because that... Mr. Odio: But, sometimes it's worth something going to court and prove a point. Mayor Suarez: OK, and secondly, do you understand that their commitment, Mr. Manager, is to the City or to the land owner? I never understood how the landowner got involved in all of this. Mr. Odio: That's the question I don't know what... 11 January 26, 1988 Mayor Suarez: It seemed to me that their commitment was to the City in that particular site. Mr. Odic: It is to the City. Mr. Traurig: May I supplement that answer? Mayor Suarez: And I mean the City generally, the citizens... Mr. Traurig: We had an obligation in addition to the contribution of the 3.2 million to give to the City a contract executed by the owner and developer of that site as the seller and Swire as the purchaser, which obligated Swire to buy from that developer, at 5.7 million dollars, I believe, that site when completed. It was not an agreement with the City, it was the agreement to purchase those units and to market those units so that those units would become available to ultimate occupants near the Vizcaya site. Mrs. Kennedy: But you see, Bob, I understand the legal opinion, but the public perception out there is that you're reneging on the contract to build affordable housing. Mr. Traurig: The public perception is incorrect, Commissioner, because the affordable housing will be created as a result of this contribution. It will be a product which will be more affordable than the product that was going to be created which we negotiated to purchase. We have always been ready... Mayor Suarez: How's that, how's that, Bob? How will it be more affordable as envisioned now? Mr. Traurig: Because it will be - let me call on the prospective developer to talk about what their units will be. It will be a different unit than what had bee proposed initially by Mr. Carrillo and his associates. They were suggesting a moderate housing unit. My understanding is, and they couldn't create that unit because at the price that they had negotiated to sell it for they discovered that as a result of modifications that they had to make in their plans as a result of the City of Miami zoning process, that they could not deliver those units at the price we had agreed to pay for them. So, therefore, they have come to you and Mr. Carrillo advised you that he can't create those units. The Manager is saying to us that not withstanding that, somebody else will create those units and we ought to buy them two years later. And we're saying to you that that's not an appropriate bargain because we had bargained to purchase them at a time that we thought that they market could accept those units at the prices we would have to sell them for. Mr. Odic: It is not... Mr. Traurig: But the units that are about to be created, if this contribution Is made, will be a smaller unit which will be more affordable by the general public of the City. Mr. Odic: It won't take two years to build the units, it will be fourteen months. So... Mr. Traurig: It would be fourteen months but we originally negotiated... Mr. Odic: The inflation rate, infla... Mr. Traurig: ... to buy those units in June 1987. Mr. Odic: But the inflation rate is running 3 percent, Bob. You know the numbers better than I do, come on. I think that Swire has a commitment and it should live up to it. Mr. Traurig: Mr. Manager, I am giving you the answer that the Swire executives... Mr. Odic: You're talking about a 3... Mr. Traurig: ... have been able to get from their associates in Asia and I am passing that on to this Commission. Mr. Odic: OK. 12 January 28, 1986 Joe Portuondo, Esq.: May I please be heard, Mr. Mayor. My name is Joe Portuondo and I represent Mr. Juan Delgado who is the owner of the land. Now I only have much to add here today other than to clear the air about perhaps something Mr. Traurig has said here. I think he's left the impression here that somehow his contribution which he is now suggesting the City should accept or resolve the problem that's far from over. We do not agree with that and neither do the new developers. What he's offering to this Commission today is nothing more than a buy out of the obligation. Now, if you, in fact, have confidence that he no longer has any obligation to this City, that he should just walk away from this deal and that's what this City Commission should accept. But, evidently, he doesn't feel too confident in that opinion, you know, especially what he's doing here, he's coming here to this Commission and offering some compensation to sort of soften the blow as to what he's really doing. Nov, I don't have any personal conflict with Mr. Traurig at the moment regarding whether or not he builds or the new developer builds it. But, as it stands right now, if Mr. Traurig gives this contribution, that doesn't mean that that building is going to go up because no agreement has been reached and, in fact, I feel a little bit like I've been sandbagged this morning. When I had a meeting this morning with the prospective developers and Mr. Barry Craig who represents them vas going to be in communication with Mr. Traurig, I understood that what was going to be happening this afternoon was, that Mr. Traurig was going to came here and explain that we were in negotiation and that if we had time, we could arrive at some sort of workable figure. Instead, that's not what I see has happened here. Instead, I see Mr. Traurig caning before this Commission and creating an atmosphere in which he's saying, look, we can't build it, we've done our best but here's our contribution and that will get you the housing, that is far from the truth. Mayor Suarez: I also remember the last time you were here, you gave the impression that your client stood on very firm legal ground and you were going to begin legal proceedings to enforce that. Have you done that or are you contemplating that or what status - are there any legal proceedings at all at this point? Mr. Portuondo: No lawsuit has been filed as of yet, Mayor. Mr. Traurig: I think it's very important to know that we never had an obligation to create the units, merely to buy the units when created. That was what the City had, through its good auspices, suggested be done and we vent back to the City, to this platform, to this podium... Mr. Dawkins: Bob, please don't continue to say the City asked you to do this. This is what you negotiated down to and I cannot sit here, having been the one who voted against it, and let you pretend that I asked you to do this, Bob. I didn't ask you to do this. This Commission didn't ask you to do this and I agree with you in one thing, that you have no obligation. Because we, the Commission, let you off the hook. Now, why is it that all of a sudden in 1981 we're worried about what the houses will cost and what our loss will be, but you promised 200 units of housing to the City in 1975 and then when you got ready to deliver them in 1985, instead of costing them out at what it would cost in 1985, you negotiated down to give 3.2 million dollars to get off the hook. But now, all of a sudden, you're concerned that the housing will cost X number of dollars and you, your poor client will suffer a tremendous loss because it has tried to help who ever out here is trying to provide affordable housing and your company is so gracious and so generous and that we are beating up on it and trying to take advantage of it. That is the wrong Impression. Mr. Traurig: I just want to call your attention to two resolutions of the City of Miami. In July, 1984, the City changed the obligation from 200 units on the island to 225 units off the island. In January... Mr. Dawkins: At first that went... see, if you're going to tell it, let's tell it like it is. Mr. Traurig: I just did. Mr. Dawkins: All right, no, you didn't. I sat here and asked you that if we .— could not build 200 units of housing on Claughton Island, let's put 50 units Of housing in Wynwood, let's put 50 units of housing in Coconut Grove, let's Put 50 units of housing in Little Havana and let's put 50 units of housing in 13 January 28, 1989 Liberty City. And you, sir, that's where I made my greatest mistake, I allowed you to ensure me that that was too expensive and that I should try to meet you half way and that's where I said, fine, you're right, to put up SO units is very costly so I'm going to be a good fella, God loving and God fearing person, and we would let you put 200 units of housing some place and from there you got momentum and kept me going downhill and I've never been able to turn around and come back. Mr. Traurig: After the City of Miami resolution in July of 1984, we were back hare before this Commission in January of 1985 and the agreement at that time was that we would contribute the 3.2 million which the City Commission by resolution approved and in addition to that, we had an obligation to buy these other units. They have not been created so we're saying to you, the City doesn't have the units, we are prepared as good citizens to offer an opportunity for the creation of other units to replace the units that the original developer did not create. And we're saying to you, that, not withstanding the fact that we have made the contribution of 3.2 million, that we're prepared to make an additional contribution which will equal $500,000. Mayor Suarez: Let we just say that, again, not to correct an impression because I'm not an expert in this field, but intuitively, I have got to disagree with what you've stated before that a commitment that was made, and I believe it was madeto the City in 1985, I guess it was, somehow has become more expensive by either the passage of time, and I have a tough time accepting that one because I don't think the market has deteriorated in that sense or improved in that sense, or which ever way it has to go, but more importantly, you said that the situation that the commitment is more difficult to fulfill now because of the City's rezoning action and so on. Now... Mr. Traurig: That was... I'm quoting... Mayor Suarez: ... that I just can't accept. Mr. Traurig: I'm quoting Mr. Carrillo who said... Mayor Suarez: Right, but... Mr. Traurig: ... who said to us that because of the changes... Mr. Plummer: No, that is true, Xavier. Mayor Suarez: No, no, there's no possible way I'm going to accept that that's true. Let we finish my statement, all of you, including Counselor and anyone on the Commission. Mr. Traurig: Well, OK. Mayor Suarez: You can correct it if you want and you can all give your own Impressions, but I'm going to finish my statement. My statement and my opinion is, and I suffered through it, Bob, because I suffered through that rezoning here, which I personally did not want to vote in favor of, but it seemed like it was necessary to be able to build the units in question. Now, how, by allowing many more units than what the zoning code called for at that particular moment, it would somehow become more expensive to build those units now instead of less expensive which is intuitively what I feel we were doing, Is beyond me. And I'm not going to accept that. You guys can argue all you want about it; anybody on the Commission disagrees, that's fine, that's my particular opinion and I'm not an expert in the market, but to me that - we did that with the understanding that it would make viable your project. And that's - if anything should have made your cost less and I, by the way, believe that the market is better now than it was then. That's just my particular feeling, but I'm not an expert on the market. Mr. Plummer: Just for the record, Mr... Mr. Traurig: Mr. Mayor, it wasn't our cost, it was the developer's costs. Mr. Plummer: Mr. Mayor, just for the record, let me, I think, try to understand for both of you. The reason the cost has gone up is because of the zoning regulations which made the building go... Mrs. Kennedy: Higher. 14 January 28, 1988 _ Mr. Plummer: ... from an eight story building to, I think, a 13 story building and that was due to the enforcement of zoning that said you had to comply with certain setbacks, with certain regulations and because of that, the only way they would issue a permit is if the building was 5 stories higher _ which put in high speed elevators, which put in other things that were not required at the lover 8 floors. So I think that the statement that says that the price today is higher is a true statement based on the fact that they were forced to go to these other provisions which did not exist at the time of granting. Mayor Suarez: OK, let me just say, it may not be the first time in history that a building that was supposed to be at 8 floors and then allowed to go to 13, somehow made the units more expensive by that, but it's certainly the first time since I've been sitting here that anybody makes that proposition. I suppose if you make it narrow enough it could have that effect, but I don't remember that being the argument, of that being the proposition at the time. Mr. Portuondo: Mayor, if I could... Mrs. Kennedy: Bob. Mayor Suarez: Madam Vice Mayor. Mrs. Kennedy: This new proposal that you're talking about. Is it going to be for the same amount of money? Mr. Traurig: For the same amount of... Mrs. Kennedy: Is it going to cost the City any money? Are they going to build it for the same money? Mr. Traurig: Well, I would call on the prospective developer who... Mrs. Kennedy: Yes, I want to hear it. Mr. Traurig: ... has said to us that if we make $500,000 available to them, they will create these units. The City will get these units; not the units that had been originally described, but a new design and they will get these units and it won't cost the City anything and the units will be available at that site. May I... Mr. Portuondo: Mr. Mayor, if I can address one point here, you know we're... Mayor Suarez: And I'm not sure we ought to hear from the prospective developers on something that's already as complicated as this is. Mr. Portuondo: And I don't think the prospective developer has anything to 's offer at this time given that they have no contract with the landowner or any kind of deal with anybody else. And, quite frankly, all they're going to do Is muddle up the works right now. When I came here today and I had a firm commitment from Barry Craig who told me he spoke to Bob Traurig directly, he said he vas going to come here to this Commission and tell the Commission that we were in serious negotiations to arrive at a figure which everyone could live with and the City would be happy. And instead what I find when I come here today is Mr. Traurig's proposal to get out of this deal with $350,000 which is what he offered a long time ago and a $150,000 loan which he now calls it a commitment to this project. If you'll look in the contract, Mr. Mayor... Mayor Suarez: Are you saying that it doesn't make sense for us today to allow additional time for negotiations and give an extension as proposed by the Manager or what are you proposing that we do? Mr. Portuondo: Mayor, I suggest that we go back to the table. That was our understanding before we came here today, before this... Mayor Suarez: To go back to what? Mr. Portuondo: Go back to the table with Mr. Traurig and the new developers, — try to reach some figure. I think it's precipitous at this stage to try let Swire Corporation off the hook, so to speak, without there being something 15 January 28, 1988 else firmly in place. And there isn't anything. And 1, quite frankly, I look at the figures and I don't see how they're going to fly with this proposed... Mr. Odio: Before this other question that Commissioner Kennedy asked goes away, it is not the case that it won't cost the City anything. There is some hidden costs here, of guarantees that the City has to put up under this other proposal and I think you should bring them out now... Mr. Traurig: Well, nobody has... Mr. Odio: No, I mean him. Mr. Traurig: Nobody has said to me anything except that they wanted our money. Mr. Odlo: I know, Bob, I'■ not talking to you. Ten, I know, but they want our money too or guarantees from us and that should be brought out. Mayor Suarez: Who wanted our money? Mr. Odio: They do, our guarantee. Mr. Portuondo: Thelnew developer wants the City to contribute money to this project or guarantee certain rents. Mayor Suarez: The one thing the City, for my vote, is not going to do is make any commitment of any monies to try to get units that were pledged to us at no expense to us whatsoever, no involvement in any of the deals, who was buy from whom or who was - the only involvement for us was a very painful one of rezoning this property. I forget exactly what the rezoning change was but I know that it was not something that I would usually vote for but I did because of this... Mr. Portuondo: Mayor, there's another impression that has to be cleared here and that is that somehow that building has changed. That building has not changed. We're dealing with the same original... Mayor Suarez: Well, there's no building, it couldn't have changed. Mr. Portuondo: I'm talking about the plans, Mayor. I mean, Mr. Traurig has _ come here today and talking about higher costs and all of that, we've made it very clear that we can build that building at the construction cost which we've given which is well within the contract figure. Mr. Plummer: At the eight floors? Mr. Portuondo: Tea, at the existing contract. Mr. Dawkins: I hear Mr. Traurig saying the City will get the units. What does that man? Somebody tell me. Mr. Portuondo: I can't answer that, Mr. Commissioner, because we haven't reached any agreement yet. Mr. Dawkins: No, no, no, no. What do you man by, the City will get the units? Tou will give them to us to rent, we will buy them from you, they will be made available? Now I don't want the citizens of the City of Miami will get the units, not the City. Mayor Suarez: Ten. Mr. Dawkins: Which is, Mr. Maxwell? What does that mean? Mr. Portuondo: Mr. Mayor, I think, Mr. Mayor, I think it's not going to be very productive to sit here and try to hash this out without further discussion among the parties involved. Mr. Odio: May I do this... Mayor Suarez: Mr. Manager. 16 January 28, 1968 0 Mr. Odic: May I just ask, why don't you two parties get together and come _ back two weeks from now with a solution to this problem? Would you be willing to do... Mrs. Kennedy: I think that's the best idea. Mr. Traurig: I think it's a great idea but I think two weeks might be too soon. Maybe it should be four weeks because two weeks goes by and, you know, you don't have a resolution. Mr. Odio: Provided you add the four weeks to the deadline, eh? Mr. Traurig: We'll take the two weeks. Mayor Suarez: Well, in lieu of any other action be taken by the Commission, that's where we are and unless the Manager's recommending something else, anything else from the Commission? Mr. De Yurre: Well, Mr. Mayor, I think that... Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: I think it's time we quit pussyfooting around also. You know, how long has this been going on? Mr. Dawkins: Since 1975, Commissioner. Mr. De Yurre: I think it's time that, you know, we get the job done or we go to court and let the judge solve this matter and take it from there. We got a lot of things we got to be concerned with and certainly discussing this kind of thing right now and not getting anywhere, you know, I'm not about to put up with this, and what I suggest is that if by the next zoning meeting, which is the 25th of February, if this hasn't been resolved favorably one way or another to our satisfaction, that we just let the courts decide and take it from there. Mr. Portuondo: Well, I like the idea of a deadline. Mayor Suarez: Are you suggesting the initiation of legal action by the City if or, because I guess part of our hope last time around was that they would sort of sue each other and we wouldn't have to get involved in it. Mrs. Kennedy: I know the urgency but... Mayor Suarez: Madam Vice Mayor. Mrs. Kennedy: ... before we take that step, I'd like to see them both negotiate... Mr. De Yurre: Well, that's what I'm talking about, giving them another 30 days to negotiate and, you know, we're going - whether they sue each other, we're going to end up in it too. Mayor Suarez: Do you want to report back in 15 days then instead of 30 days? Do you want to make that... Mr. De Yurre: Get a report and, hopefully, you know, we won't have a show down 30 days from now. Mayor Suarez: Commissioners, is that acceptable? I guess we're going to want to hear back on this matter at the first meeting in February. Mr. Traurig: Sure. Mr. Portuondo: llth, OK. Mayor Suarez: And a pretty clear message is being sent, I think that the Commission's going to want some resolution of this, otherwise we're going to seek legal recourse ourselves. Anyone else on this matter, hopefully not. Yes, sir, who do you rep... either one of you. Robert Smythe, Esq.: My name's Robert Smythe, I'm with... 17 January 28, 1980 Mayor Suarez: Oh. Bob Smythe again. Mr. Smythe: That's right. Let me put this up a little higher. I'm with the the law firm of Mershon 6 Sawyer in the Southeast Financial Center downtown. I represent the other potential developer of this project, Victory Development Joint Venture and I just have a very few comments to make. One is to Mr. Portuondo and that is that there was no attempt to sandbag him today. I'm a partner of Barry Craig in that office. Mayor Suarez: If this was a court of law, the first logical question, Bob, would be standing do you have to tell us anything, I mean... Mr. Smythe: At all, yes, that's right. Well, we had understood that Swire had some difficulty in its position to be able to develop this project. We have since talked to Swire, we've talked to Mr. Portuondo, the developer, and we thought this morning that we had some agreement in principle so that we may get the units built. We don't have the standing right now but we thought we had an agreement in principle that could be worked out. Mr. Traurig detailed Swire's financial position, we still have not finalized any agreement with Mr. Portuondo. Mayor Suarez: But we're not a court of law so standing is not really an Issue. We hear from many citizens, but we do sort of care about relevancy, what... Mr. Portuondo: We're going to negotiate, Mayor. I think we're going to be something productive. Mayor Suarez: And your clarification, I think, is noted for the record. Mr. Smythe: Thank you. Mr. Jay Smith: My name is Jay Smith and I live at 100 S.W. 29th Road. I represent the Miami Roads Neighborhood Civic Association and also the many people in Miami who earn a living through tourism. What are we going to do if we make this housing which was planned for around the Vizcaya Metrorail Station, what if it goes from tacky to tackier? They're talking about more affordable housing. Do we want people to get on the Metrorail Station at Dadeland to go to Vizcaya and get off at Vizcaya at really substandard, low standard housing? We have to be mindful of the fact that that is also Vizcaya. Mr. Dawkins: You also have to be mindful that we have citizens got to move all over the damn City and if the area gets so tacky, then I would suggest you move to a non tacky area. Mr. Smith: Fine, but... Mr. Dawkins: OK, then, all right. Mr. Smith: ... Vizcaya is one of our biggest assets and we have to protect that too. Mr. Dawkins: Yes, but we also have to provide affordable housing for the total City. Mr. Smith: That's true, but do we want to ruin what... Mr. Dawkins: But, you can... Mr. Smith: ... do we want to ruin our... Mr. Dawkins: What given you the right to stand there and say that the housing we re going to put there is going to ruin your area? Mr. Smith: OK, but what about the Metropolitan Museum in New York? Are they going to allow sub standard housing on the other side of Fifth Avenue in New York? Mayor Suarez: Wait, Jay, this could probably be resolved. Last time that we allowed the rezoning and I forget technically what it was that we allowed, 18 January 28, 1989 Sergio, I for... I know it was more intensity, I know it was more density and more units than the property in question really would have called for. I guarantee you, for my vote, and I have a feeling all of us here, we're not going to allow, in any way, either more density or less quality or whatever else we allowed last time. That was painful enough and you guys opposed it last time and I think you were right. We were hoping that this whole deal would work out and we could get these three projects built and we have to allow, what from my perspective, it really made no sense. But I guarantee you I would not vote to allow it to be in any way more intrusive into that neighborhood than it already was. Mr. Smith: This man In talking about more affordable, smaller. It's still Vizcaya. Mr. Dawkins: I hear you and when we give - everybody comes in here, air, and apply for variances, right? And this Commission give them to them. You, as a citizen, should come in here too and say, we need a variance, we don't want it to go above S stories and you all give variances to big developers, we, the homeowners don't want it to go above 5 stories. Mr. Smith: We're talking about tourism too. We're talking about museums. You don't put substandard housing across the street from a museum. You just don't do it. There are other places in town, go a little farther. Mr. Dawkins: Well, that's why you should be giving Swire hell because they didn't want substandard housing on Claughton Island and that's how they got out of this. Mr. Smith: My point is this, they're trying to go lower now than what they originally backed down and agreed to do. It's the lower and lower and lowest that's too much. Mr. Dawkins: OK, I agree with you. Mayor Suarez: Thank you. 10. GRANT APPEAL BY DEIDRE'S GROVE, INC. FOR REVIEW OF ZONING BOARD'S DENIAL - OF VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING AT 3250 SOUTH DIXIE HIGHWAY AND 3271-3291 WEST TRADE AVENUE. Mayor Suarez: OK, planning and zoning item one. Mr. Guillermo Olmedillo: Good evening, PZ-1 is an appeal to the Zoning Board's decision to deny a variance for the height and for the loading spaces and for parking. Commissioner Plummer, the last time that this item was before you, requested from the applicant to come back to the City and present an alternative. They have done so and since it's an appeal, I would like the applicant to speak first so that we can respond to them. Mr. Plummer: Before you start, you know, I think that others up here have complained about this and I'm going to complain about it again. Mr. Manager, we, the Commission, can only go on what we read. That which we read on this agenda is not what I understand is going to be before us. That there have been compromises worked out, those compromises are not reflected in this agenda item. I come here with formulated opinions based on what I read. Now, why aren't these things changed before they go to an agenda? I am told in this thing that they had voluntarily gone down ten feet or one floor, which eliminated the need for a loading zone - you know, and the parking, instead of six parking spaces shy, is three parking spaces shy. I'm saying that if, in fact, these things are done - first of all, Madam City Attorney, are they substantial changes even though they're reductions to force it back before the Zoning Board or second of all, how can we, the Commission, formulate our opinions and read this material as we try to do, when, in fact, it is not what Is what we're going to be hearing? I just think its misleading to the Commission, it In unfair to the Commission, it should be an agenda item as It's going to be presented before this Commission. I've said this before, I'm going to say it again. Can somebody answer that? 19 January 28, 1988 Mrs. Dougherty: The answer, it does not have to go back. This is a resolution, it is a lesser - from what you're stating, it is a lesser degree and this appli... I mean the resolution or, excuse me, the agenda reflects what it was in the original application. Mr. Plummer: But you see, that's not what this Commission is considering this evening. And it's unfair to the public, it is unfair to this Commission, these compromises have already been worked out and I think this agenda item should read exactly what we're going to consider because, in effect, it might be that the Planning Department, instead of being a denial, would recommend. I'm not saying that that's this particular case. But what I'm looking at as a Commissioner, from what I understand is not what we're going to be considering this evening. And I think it's unfair to us. Mrs. Dougherty: You always have a right to defer it back to the Zoning Board for reconsideration. Mr. Plummer: That's not what I'm trying to accomplish. I'm trying to accomplish that when we, the Commission, receive these agendas these compromises have already been reached. To us and to the public who come here to voice their opinions, we should have an agenda item exactly that's going to be presented so that we can act on that. Not what was denied, not what was before, but what is light now. What are we going to work on. Mr. Sergio Rodriguez: If I may, Commissioner Plummer, the application that they submit is the one that we have to reflect on the agenda. We have to... Mr. Plummer: That is before the Zoning Board. Mr. Rodriguez: They haven't changed the application. Mr. Plummer: That is not the appeal. Mr. Rodriguez: But they haven't changed the application, the application's the same. Unless they resubmit again with a new application, with different numbers, this is what we have before you today. Mr. Plummer: Did they not work out compromises and give covenants prior to this meeting? Mr. Rodriguez: They have. Mr. Plummer: Did they not reduce the building by a floor? Mr. Rodriguez: They have a proposal to reduce the building by a floor. The proposal is not part of the new application because they haven't reapplied again. Mayor Suarez: Well, it's not part of the new application, technically you're right, but couldn't it be made part of our package? That's all he's asking. Mr. Plummer: That's, you know... Mayor Suarez: You know, if it's something you expect us to act on today... Mr. Rodriguez: To make it part of your package, it has to be received on time by us to put in the package. We didn't get it, we don't put it. Mr. Dawkins: Well, then pull it, all J.L. is saying, pull it off the agenda. Mrs. Dougherty: That's fine. Mr. Dawkins: Withdraw it because you have additional information that you didn't give us. Mr. Rodriguez: We can continue this if you want to. Mr. Plummer: All I'm saying is, put it on the agenda of what we're going to act on so the public knows and we know. Mr. Dawkins: I move that it be withdrawn because I don't know what J.L. is talking about, I haven't seen it and if you have made concessions that I need 20 January 28. 1988 _ to know about because i may vote like J.L. said, with the Planning and the Zoning Department to deny and the Planning and the Zoning Department have set down and accepted compromises and now they agree. Mr. Rodriguez: We haven't accepted any compromises. We continue with our position of denial. The applicant is submitting to you some compromises. Mr. Dawkins: Well, if the gentleman made enough concessions, I might be compelled to go along with him and then vote with him. Mr. Rodriguez: That's OK. Mrs. Kennedy: Well, I think that what... Mr. Dawkins: I mean, but I don't know what to do because I don't know what you got. Mrs. Kennedy: I think that what Sergio is saying In it could be a soft denial instead of a strong denial. Mayor Suarez: I think we ought to hear from the applicant. Go ahead. Mr. Plummer (Off mike): Well, it's got to be a softer denial, it's... Mr. Howard Horowitz: Thank you, Mayor. Howard Horowitz, 2701 S.W. LeJeune Road, Coral Gables, Florida. Just to explain and refresh your memories what had happened, this had come before the Commission before on several different occasions and I think Commissioner Plummer at one time suggested that perhaps you could raise the building and come back the next time, I mean, additional floor of parking if you can fit, the cars can turn around and we could not do that. Engineering wouldn't permit it because this piece of property is an acute triangle on 3250 So. Dixie Highway. We tried to do that. We came back and explained that to the Commission that we could not do that. Then one of the members of the Commission and Commissioner Dawkins, it might have been you, but I'm not sure, said, see what you... Commissioner Plummer, I think was there also, said, see what you can work out with Planning and Zoning, then come back to the Commission with that and that's - we're here today and as what we did was pursuant to the suggestions of the Commission and that's exactly what we did. We did what we were asked to do and to see what we could work out for this piece of property and I hope that clarifies why we're here today. Mayor Suarez: Was that all reduced to writing as a covenant or other agreement? Mr. Horowitz: That was done in the open session here as I am today, Mayor Suarez. Mayor Suarez: No, I mean the meetings that you had subsequently. Mr. Horowitz: You mean with the Commission? Mayor Suarez: With Planning. Mr. Horowitz: Well, it's not in writing but the Commission said, see what you can work out with Planning and Zoning and then come back before the Commission and we presented their plans to them. We reduced, as Commissioner Plummer said, we reduced it ten and a half feet, a floor, we reduced it by 2000 feet, we've eliminated certain requirements and that's exactly what we did. We worked out and they said, come before the Commission when you do that and that's why we're here today. Mr. Plummer: Well, according... Mr. Horowitz: We did exactly what... I'm sorry, Commissioner. Mr. Plummer: According to what I'm reading here, 22 days ago, you submitted this revised plan and I'm wondering how long it takes to get a revised plan for an agenda. That's 22 days prior to today. Mr. Rodriguez: May we have the staff to respond to that, please? 21 January 28, 1988 Mr. Plummer: I'm reading from your paper. Mr. Olmedillo: Yes, if I may, Mr. Mayor and Commissioner Plummer, the role that the Planning Department is playing with the developer is sitting down with them to see if we can work out something that would fit the ordinance, the requirements of the ordinance. The applicant, in working out the new plan, or the architect representing them claim that he could not put the number of parking spaces needed to accommodate the new building even though they cut off one floor. In that sense, the Planning Department does not negotiate with the applicant. We just sit down with them to see if we can work out a May in which we can meet the ordinance and the easiest way to meeting the ordinance, of course, is to reduce the building to the point that they provide the parking that In needed for that particular square footage of building. Now, the applicant for other reasons may feel that they cannot meet the requirements because of financial reason, economic reasons which are strange to the zoning and planning issues that we are addressing. Now, we do not negotiate with them, we can understand the plans and we can sit down with them and see if the plans work or not in this particular instance, although they have reduced the building by one floor, they still intrude in the plane three and the light plane, the height plane which is 40 feet. They still need three parking spaces, they were successful in not needing the loading space. Therefore, on that issue we have no problem, but two issues remain standing. The one with the height and the one with the parking spaces. Mr. Plummer: Sir, 22 days ago you were, according to your paper, were handed a revised plan. That is not what is shown on this agenda. Mr. Rodriguez: Mr. Commissioner, in the future we will submit any revised plans and put in the package. Mr. Plummer: Please do. Thank you. Mr. Rodriguez: If they're submitted on time. Mayor Suarez: OK, as the application now stands, do you recommend it and, if not, why not and what other observations would you make before we let the applicant speak again. Mr. Olmedillo: Still we recommend denial on the variance for the height because the SPI-3 was devised for a height of 40 feet which is a uniform height, covers areas of the Grove which are on West Trade Avenue, used to go down lath Avenue, that was changed, but it's... Mayor Suarez: Did they reduce the height at all from the initial plan? Mr. Olmedillo: Yes, air. Yes, sir. Mr. Plummer: Yes. Mayor Suarez: From what to what? Mr. Olmedillo: From fifty... _ Mayor Suarez: 2.32? Mr. Olmedillo: From 52.32 to 41.5 is the new height. Mayor Suarez: They went down to 41.5. Mr. Olmedillo: That is correct, sir. Mayor Suarez: The code calls for 40. Mr. Rodriguez: Right. Mr. Olmedillo: Right. Mayor Suarez: Couldn't you have just told us all of that very simply, Guillermo? I mean, they came in... Mr. Olmedillo: As soon as they had finished, we were going to make a presentation, sir. 22 January 28, 1988 1 Mayor Suarez: What other things did they initially seek, what other things were initially provided by our code and what modifications or concessions have they made? Mr. Olmedillo: Originally, they needed 29 parking spaces and they provided 21. Now, they are only 3 spaces short. Mayor Suarez: Nov they're up to 26? Mr. Rodriguez: No, they're up to 21. Mr. Olmedillo: They are 21, but they only need 24. Mrs. Kennedy: But they only need 24. Mayor Suarez: Because now you need less parking spaces. Mr. Olmedillo: Because they reduced the square footage. Mayor Suarez: Thank you. Mr. Olmedillo: And the loading space which was required before, they did not hit the threshold because they reduced the building. Mayor Suarez: OK, initially they require one loading space, now they don't require any. Mr. Olmedillo: Right, now they don't require any. Mayor Suarez: They don't provide any but they don't require any. Mr. Olmedillo: Right. Mayor Suarez: So, they're a heck of a lot closer to complying with the code. Mr. Olmedillo: They are closer, but still like I said, it's a variance. Mayor Suarez: We know that. Mrs. Kennedy: But you're still saying that there's no hardship to justify the variance. Mr. Olmedillo: That is correct. West Trade is a difficult area for parking. Mayor Suarez: It's about as strange a shape as there ever has been in the history of... Is there anyone from the general public that wishes to heard against or for this application? This appeal actually. Let the record reflect that no one has stepped forward. Applicant. Mr. Plummer: Do you want to go through all of that? I'm ready to recommend it. Mrs. Kennedy: No. UNIDENTIFIED SPEAKER: Just to refresh the... Mr. Plummer: Mr. Mayor, I move item PZ-1, as revised. Mr. Dawkins: Second Mr. Horowitz: As revised. Mayor Suarez: So saved and seconded, as revised in the application which, in the future, our Planning Director or Assistant City Manager, future Manager, Mayor and everything else will give to us in advance. Anything else from the Commission? Call the roll on that motion. 23 January 28, 1988 ;t The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-98 A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE 9500, AS AMENDED, ARTICLE 20, SECTION 2023, SUBSECTION 2023.4, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AND THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 3 OR 6, RO- 2.1 RESIDENTIAL OFFICE, MAXIMUM HEIGHT AND TABLE 3 STANDARD RATIOS BY LAND USE INTENSITY SECTORS, PARKING RATION TO PERMIT CONSTRUCTION OF AN OFFICE BUILDING TO BE LOCATED AT APPROXIMATELY 3250 SOUTH DIXIE HIGHWAY AND APPROXIMATELY 3271-91 WEST TRADE AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER REVISED PLANS ON FILE DATED JANUARY 27, 1988, WITH A MAXIMUM BUILDING HEIGHT OF APPROXIMATELY 41.5 FEET (40 FEET MAXIMUM ALLOWED); AND PROVIDING 21 OF 24 REQUIRED OFF-STREET PARKING SPACES; ZONED RO-2.1/4 (RESIDENTIAL OFFICE). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Horowitz: Thank you. 11. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY APPLICANT (ABRAHAM H. SHUKAT) FOR REVIEW OF ZONING BOARD'S DENIAL OF APPEAL OF A CLASS "C" SPECIAL PERMIT WITH CONDITIONS FOR A CHANGE OF NONCONFORMING USE (SEE LABEL 14). Mayor Suarez: PZ-2, companion. No? Mr. Olmedillo: No, this is another appeal. Mayor Suarez: PZ-2, PZ-2. Mr. Plummer: Well, OK, just for the record. recommendations if certain condition are met. Mr. Olmedillo: If I may... Mr. Rodriguez: If you let him finish. Mr. Olmedillo: ... Commissioner Plummer. They have now changed their Mr. Plummer: Excuse me, recommendations of the Planning Department. Approval with conditions. Mr. Olmedillo: That is correct, if I may explain. Mr. Plummer: Now, but you see, here's exactly the point more in question that I made before. You read this thing on this agenda, it was denied, 9-0. Mr. Rodriguez: The Zoning Board. 24 January 28, 1988 Mr. Plummer: That... exactly. That is what the public is reading, that this Commission is sitting here now going to consider an item that was denied 9-0 and the Planning Department recommended against. Nowhere on here, no where on here does it may that if certain conditions are implied, that you'll recommend it. So, I'm saying to you that this agenda is misleading to not only me, as a Commissioner, but to the general public. Mr. Rodriguez: If I may, Commissioner, if you read under the petition it says, review the Zoning Board decision of October 19th to deny the appeal by so and so of the Class C permit approved by the Planning Director with conditions. On the agenda. Mr. Plummer: Right here. Mr. Rodriguez: It's on the agenda. If you want to, we might make it clearer. Mrs. Kennedy: On our back information, yes, but not on the agenda. Mr. Rodriguez: It's on the agenda. Mr. Dawkins: Which agenda, I don't have... Mr. Rodriguez: It's on the agenda under item PZ-2 under petition. Mr. Dawkins: It say part B, it doesn't... Mr. Rodriguez: PZ-2, if I might read for the record, review of the Zoning Board's decision of October 19th to deny the appeal by Mr. Shukat of the Class C special permit approved by the Planning Director with conditions on so and so and so. Mr. Plummer: So you're saying, then I stand corrected? Mr. Rodriguez: Right. Mr. Plummer: You are then saying that these conditions were not acceptable to them. Mr. Rodriguez: To them. Mr. Plummer: And they're appealing here based on wanting to have it without those conditions. Mr. Rodriguez: Right. Mr. Plummer: Buena suerte. Mr. Olmadillo: If you'll allow the applicant to go ahead and then we can state our case. Mr. Plummer: Sure, why not? Abraham H. Shukat, Esq.: Please the Commission. My name is Abraham H. Shukat, my office is at 420 Lincoln Road, Miami Beach, Florida. I'm an attorney. I've made the application and I also represent the owner in making the application. Mr. Plumsser: Sir, are you registered with the Clerk? Mr. Dawkins (Off mike): He is the owner, I think. Mayor Suarez: He is the ap... Mr. Shukat: I'm making the application. Mayor Suarez: He is the applicant, I think. Mr. Plummer: He said he was the attorney representing the owner. Mr. Shukat: I represent him in a lot of things. 25 January 28, 1988 i is Mr. Plummer: Are you the owner of the property? Mr. Shukat: No, sir. Mayor Suarez: Oh, you have to register. Mrs. Kennedy: Are you getting paid for coming here before us? Mayor Suarez: If you're compensated for your appearance, you have to fill out a form. We'll take your item in a couple of minutes. it's not problem, go ahead and do that, it's for your own protection. 12. SECOND READING ORDINANCE: AMENDMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE PLAN DESIGNATION OF PROPERTY AT 2951-2999 S.W. 22ND TERRACE FROM LOW MODERATE DENSITY RESIDENTIAL TO COMMERCIAL RESIDENTIAL. (APPLICANT: CHALLENGER INVESTMENTS.) (SEE LABEL 13.) Mayor Suarez: Item PZ-3. Mr. Olmedillo: PZ-3 and 4 are companion items and this is the second reading. It was an application on 22nd Terrace. The change of zoning application was from RG-1/3 to CR-2/7. There is a covenant accompanying this application. The last time that we were here, you had requested from the applicant to meet with the neighbors and to reconsider some items in the covenant. The draft covenant that we received in my office includes, and if you'll bear with me I will read from the covenant itself. it says: "Building height limitation for the first 50 feet of the southern portion of the property, the height will be 35 feet or 2 stories." There's a landscape buffer and wall which is to be approved by the Planning Department and we have reviewed the plan and the applicant has brought the copy of the plan. There's no vehicular access on 22nd Terrace, there's a site plan which accompanies the application which is to be complied with. Parking, there is a 110 percent parking proffered by the applicant and there's a child care contribution of $5,000 to the Park Improvement Trust Fund. Mayor Suarez: It's a 110 percent parking, you mean 110 percent more than what is required? Mr. Olmedillo: Well, 10 percent more than what is required. Mayor Suarez: I'm sorry, 110 percent of what is required. Mr. Olmedillo: Yes, sir. Mayor Suarez: Ten percent more than what is required. Get my mathematics straight here. Mr. Olmedillo: The Planning Department, regardless of the covenants, is concerned about the impact on the neighborhood, the neighborhood attrition. It is somewhat similar to other changes that were allowed on 22nd Terrace between 32nd and 37th, but we feel that the area between 27th and 32nd is quite different from the one that had the changes made before and the impact, we feel, is a negative impact. Therefore, we were recommending for denial. Mayor Suarez: Hear from the applicant. Sheila Wolfson, Esq.: Yes, my name is Sheila Wolfson, I'm an attorney with offices at 1401 Brickell Avenue. We're here tonight for the second reading as Mr... Mayor Suarez: You're not with Greenberg Traurig, are you? I see Al Cardenas sort of hanging around there. Ms. Wolfson: Yes, I am. Mayor Suarez: How big are you guys now? Ms. Wolfson: Well, there are ten of us in our department, about 110 over all. 26 January 28, 1988 Mayor Suarez: i know he's desperate to go to a dinner Lui,ight, go ahead. Ms. Wolfson: As i said, we're back here for second reading tonight. At the first reading, you approved the application subject to our submitting a site plan for the property to Planning Department for their review and approval which we have done and subject, also, to amending the proffered covenant to Include parking in 110 percent of the requirements, we have done that. And also a child care contribution is incorporated into the covenant in the amount of $5,000. The Planning Department, as they indicated, had reviewed and approved these submittals and we ask for your approval tonight. Mayor Suarez: Second reading? Ms. Wolfson: Yes. Mayor Suarez: Anyone from the general public that wishes to be heard on planning and zoning item 37 Mr. John Gregalot: John... Mayor Suarez: Is this the only - let me just ask, is this the only person on this item? Anyone else that is going to be wanting to be heard? You may, if there's other people with you who agree with you, point them out and make sure that we understand that they agree with you and so on. Mr. John Gregalot: John Gregalot, 2962 S.W. 22nd Terrace. I've come home from Costa Rica this afternoon to approach this situation because I do not think that the applicant has lived up to their part of what they said they wanted to do. I don't think this Commission knows whether they want the zoning changed so they could sell the property, so they could build on the property, when they will build on the property, if they will build on the property. We tried to compromise and be agreeable in order that they could utilize the most value of their land to complement their property on Coral Way. But, at the present time, I don't think anybody knows exactly what their plans are. I don't believe you Commissioners have received a plan of what — they're going to do. I feel strongly like Commissioner Plummer, that if you don't have it in writing, if you don't know what this is about, what are we really voting on, what are we... Mayor Suarez: Let's ask about that. How assured can a neighbor be that what nice renditions you have here - nice renderings you have here will actually be what will take place there? _ Al Cardenas, Esq.: Mr. Mayor, for the record, my name is Al Cardenas with offices also at 1401 Brickell. If I recall, at the conclusion of last meting, you asked us - we agreed to do two things. One, we agreed to reduce to writing those covenants which we proffered voluntarily orally at the previous meeting and that we've done. Of course, those covenants reduced to NONE writing now control the development of the property from a substantial number ■ of perspectives and let me review with the Commission what those are. Mayor Suarez: And those get recorded and they're a part of the - what do you call that - public records, so that any buyer would have to abide by them and so on, I mean, that maybe clarifies a little bit of your question. = Mr. Cardenas: That's right. And, as you know, not only the City Commission, but the neighboring owners can bring any action if we don't comply with it. And the new covenants have provided a building height limitation, the landscape buffer and wall, vehicular access limitation prohibiting vehicular access in and from 22nd Terrace. And, it also has provided for the contributions that you have requested of us. The $5,000 which we've agreed to contribute to the child care facility and, in addition to that, we've submitted a site plan which has been reviewed by staff prior to this meeting which was your mandate. We reviewed it with staff, we submitted it to staff, the architect, Mr. Santos, is here and that site plan is tied in to the covenants which we proffered to you today so we must develop the property in conjunction with that site plan and that site plan sets forth the areas that we discussed and are covered in the covenant. For example, the site plan which is submitted on the top part of the layout here fully sets forth the buffer areas, the building line where the building must commence to be built In the rear area, the two story limitation there, it sets forth the buffer 27 January 28, 1988 zone, the sidewalks, the landscaping. it sets forth the wall and an elevation showing the buffer area as mandated. Also, an elevated buffer area which was also suggested. So, from our perspective, we feel that we've complied with the mandate of this Commission at the last meeting and, you know, we've - as you way recall, the Planning Advisory Board and toning Boards both strongly recommended approval but not subject to those conditions. We have had your recommendation for approval on a 4-1 vote adding a number of additional items which had not been previously added and we're here this evening, hopefully, with what you asked us to provide you with and what we agreed to proffer at this second reading. I don't really know what the gentleman's referring to at this point. Mr. Plummer: When do you plan on commencing construction? Mr. Cardenas: Well, the architect's here with us. He has been retained to _ design the building and this building is to be used by Radio Mambi for their headquarters and... Mr. Plummer: But I mean, are you talking about this year, next year, five years? Mr. Cardenas: well, we can make, if you want to, in order to avoid speculation, we can looks this zoning request acceptable contingent on pulling an acceptable building permit pursuant to this site plan within a period of 12 months. I think that would be certainly an expression of good faith, Mr. Plummer. Mayor Suarez: I think we're headed in that direction with a general ordinance that you proposed... Mr. Plummer: Yes. Mayor Suarez: ... Commissioner Plummer, aren't we? Mr. Plummer: Yes. It's my understanding, Mr. Cardenas, that we can impose a regulation that says, that if you don't pull that permit within one year, that we would automatically revisit, not revisit, what was the wording? That we would... Mrs. Dougherty: Direct the planning staff to reconsider it. Mr. Rodriguez: To review... Mr. Plummer: we would reconsider to initiate an automatic change back to the original zoning. Mr. Cardenas: That's correct. Mrs. Kennedy: Al, I remember that you had already at the last meeting, volunteered a covenant of - I'm trying to think, an amount, 45,000, was it for child care? Mr. Plummer: Ton, he mentioned that. Mr. Cardenas: Yes, yes. That's part of the covenant we've submitted. Mrs. Kennedy: All right, because I stepped out of the room and I didn't know If you had brought it up or not. Mr. Cardenas: Yes, that's part of the new covenant we submitted to include that contribution. Mr. Rodriguez: If I may, did the copy of the covenant that you have in your packet, doesn't it reflect that because this was submitted yesterday, the new covenant that they have now. Mayor Suarez: Because what, I'm sorry? Mr. Rodriguez: They submitted the new covenant yesterday, so it's not reflected in the packet that you have now. Mayor Suarez: Sir. 28 January 28, 1988 Mr. Gregalot: Veil, hooray, for the kiddies. I believe that they should get everything they can. All the help and financial but we're talking about black and white like you mentioned in the case before. Mr. Plummer: Veil, sir, you heard what they're now volunteering that they will add, that they will pull a permit within one year. Mr. Gregalot: I appreciate that part but we know, and yourself, sir, it's an insult to intelligence. You don't know any more. You have asked many of these same questions throughout the last five meetings we had and we get a lot of sweet talk but nothing in black and white. They may never build. That property may be sold three times based upon the change of zoning before intent. Mr. Plummer: But wait a minute, wait a minute, this covenant runs with the land. If they sell that property, the new owner assumes these covenants as they did. Mr. Gregalot: OK, I agree with this. But we're asking for a change of zoning on four lots and we keep talking about two. Two lots already - one of those lots has a house on it. Vhen will the wall be put up there to make it a part of a plot? The... Mr. Plummer: That would be all part of the building permit, sir. Mr. Gregalot: Right, but in the meantime, it is still the same existing problem that it has ever been. The people who were parking in the area that was supposed to be maintained as a park appearing piece of property, just moved their cars to the other two lots on their property. They just shifted two lots to the side and this is what they now use for their parking. If they had good intentions of doing what they say they're doing, great, it sounds great, but this hasn't happened. They have not preferred to us their plans as they said they would at least ten days before this meeting. As I say, I came from Costa Rica this morning in order to attend this meeting because I thought It was serious enough and we keep getting a lot of sweet talk and nothing... Mr. Plummer: Veil, sir, what do you want? Do you want the wall up now? Mr. Gregalot: Yes, I mean to be point blank. Mr. Plummer: Mr. Cardenas. Mr. Cardenas: If I may, these plans - we had agreed to submit these plans to staff a number of days... Mr. Gregalot: No, sir, I disagree. Mr. Cardenas: ... a number of days prior to this hearing. That was done. This gentleman was not here until now but we submitted these plans to staff a long time ago. Now, the gentleman In... Mr. Plummer: Mr. Cardenas. Mr. Cardenas, you've agreed to put up a wall. Mr. Cardenas: Yes. Mr. Plummer: The question is now, according to this gentleman, which seems reasonable, will you pull a permit to put up the wall within 30 days and do it? Mr. Cardenas: Well, we will make this commitment that within 90 days we will pull the permit and build the wall. In other words, the wall will be completed within 90 days. Mr. Plummer: That's fair. Mr. Cardenas: OR. Mr. Plummer: Then he knows for sure. OK, that's on the record. Mr. Cardenas: That's on the record. Z9 January 28, 1988 Mr. Plummer: All right. What? He says, well he went even further, he says it will be completed in 90 days. That's fine. Mr. Gregalot: Right. That's what we want to hear. Let's do something. Mr. Plummer: You got it. Mr. Cardenas: Yes, sir, you got it. Mr. Plummer: Your trip back was worthwhile. Mr. Gregalot: Very good. Mr. Plummer: To come back to the cold weather. Now, get on a plane and go back to Costa Rica. Mr. Gregalot: I wish, I wish. Mr. Plummer: And save me a seat alongside of you. I move item PZ-3. Mr. Gregalot: Vhat happens if they do not? Mrs. Kennedy: Second. Mr. Plummer: Then they're in trouble. Mayor Suarez: Moved and seconded. Mr. Plummer: You come back and tell us on the 91st day. Mr. Dawkins: No, I'll go out there and see it on the 89th day and if it's not done, then I'll be with you. Mr. Plummer: Mr. Cardenas is becoming an expert on building walls. Mr. Cardenas: Yes, sir. Mayor Suarez: Any further discussion on this? Mr. De Yurre: Yes, Mr. Mayor... Mayor Suarez: Commissioner De Yurre. Mr. De Yurre: ... I just want to make sure. Mr. Cardenas, you're talking about pulling a permit within 90 days or having it building within 90 days? Mr. Plummers Completed. Mr. Cardenas: No, doing both within 90 days. Pulling the permit and completing the wall. Mr. De Yurre: OK, fine. Mr. Plummer: I moved item PZ-3. Mrs. Kennedy: Second. Mayor Suarez: Read the ordinance. Mr. Plummer: As revised. Mr. Rodriguez: If I may... Mr. Plummer: Excepting all of the conditions. Mayor Suarez: Guillermo, do you have to... Mr. Olmedillo: PZ-3 is the planned amendment, the... Mr. Plummer: I'm sorry, PZ-4. 30 January 28, 1989 Mr. Olmedillo: PZ-3 is the planned amendment and PZ-4 will be the one with the covenant. Mr. Plummer: I move PZ-3 first. Mrs. Kennedy: I second PZ-3. Mayor Suarez: Moved and seconded, PZ-3. Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 2951-2999 SOUTHWEST 22ND TERRACE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO COMMERCIAL/RESIDENTIAL; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 2, 1987, 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 given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy NOES: Mayor Xavier L. Suarez ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10373. 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. NOTE FOR THE RECORD: During roll call, Mayor Suarez voted with the motion. He later (See beginning of label 13) clarified on the record he meant to vote no. 13. SECOND READING ORDINANCE: AMEND ZONING ATLAS FOR PROPERTY LOCATED AT 2951-2999 S.W. 22ND TERRACE FROM RG-1/3 TO CR-2/7. Mayor Suarez: PZ-3. Mr. Plummer: Move PZ-4. Mrs. Kennedy: Second. Mayor Suarez: PZ-4 rather. Moved and seconded. Any discussion? Call the roll on that resolution. I'm sorry, Madam City Clerk, reflect that I voted against PZ-3. I still have a problem with the fact that for the first time we're allowing four parcels on the south and there instead of Just two as we've done in the past. I don't think that we ought to go to that change in the precedent. PZ-4. Mr. Cardenas (Off mike): They want the covenant with the new items tomorrow so even if it's not signed ..... and then tell them the cover letter went out... Mrs. Dougherty: PZ-4? Mr. Plummer: PZ-4. 31 January 28, 1986 Mrs. Dougherty: That's it. Mr. John Gregalot: I have a point of clarification. Mayor Suarez: Point of clarification. Why don't you come up to the mike or else ask the Planning Department, is it on PZ-4? Mr. John Gregalot: We are speaking of four lots and I presume that the record will show that this wall will be constructed on the four lots. Mr. Cardenas: For your information, it's the same wall that's designated in the site plan that... Mr. Dawkins: Tell the gentleman yes or no. Mr. Cardenas: Yes, yes. Mr. Dawkins: Yes, sir. Mr. Gregalot: Thank you. Mayor Suarez: Call the roll on PZ-4. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2951-2999 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO CR-2/7 COMMERCIAL RESIDENTIAL (COMMUNITY) BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 2, 1987, 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 given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy NOES: Mayor Xavier L. Suarez ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10374. 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. NOTE FOR THE RECORD: Mayor Suarez noted, by show of hands, persons wishing to be heard on item PZ-24. All were objectors. 32 January 28, 1988 --------------------------------------------------------- --------- ---------- 14. (CONTINUED DISCUSSION) A) DENY APPEAL OF ABRAHAM H. SHUKAT OF ZONING BOARD'S DENIAL TO WITHDRAW CONDITIONS ATTACHED TO A CLASS "C" SPECIAL PERMIT AT 1649 N.W. 27TH AVENUE (SEE LABEL 11). B) INSTRUCT PLANNING DEPARTMENT TO ENSURE THAT IN ALL FUTURE APPLICATIONS FOR CLASS "C" OR ANY OTHER CITY PERMITS, THERE MUST BE FULL DISCLOSURE OF OWNERSHIP. Mayor Suarez: I'm sorry, you were registering with the City as a lobbyist so that we could consider your item which is PZ..... Mr. Plummer: Two. Mrs. Kennedy: Two. Mr. Olmedillo: Two. Mayor Suarez: PZ-2. Abraham H. Shukat, Esq.: My name is Abraham H. Shukat. I'm an attorney, my offices are at 420 Lincoln Road, Miami Beach and I represent the owner of a piece of property at 1649 N.W. 27th Avenue. I've made the application on behalf of the owner. Now, under the zoning ordinances, we're entitled to a Class C permit for that property. We're grandfathered in the new zoning laws and the property was originally used as a gas station. It's a relatively small plot. The dimensions are approximately 90 x 90. Now, the change requested vas from that of a mechanics place, which degenerated into for use as a used car lot which seemed to be the best possible use for it at this time because next door to it, contiguous to that place, is another used car lot that's been there for quite a while and this would be upgrading the premises. As a matter of fact, the director in his findings, has indicated and has said It has been determined that a change from auto repair to used car sales with conditions and safeguards, as indicated above, would result in substantial public advantage. OK, now we've been granted the Class C permit with a list of conditions, but when I look over the conditions and compare them with what the ordinances require, I find out that though the ordinances require that the conditions be reasonable, reasonably feasible, or reasonably necessary. This language appears in various parts of the code. Now, my objections, of course, is that it's my belief that most of these items, these conditions which have been imposed, are unreasonable. Mrs. Kennedy: Sir, let me just state into the record the number of conditions. One is a one year review to determine if a negative impact has been created as a result of the proposed use and to determine if the size of the subject property is adequate for the number of used cars. Two is seven new mahogany or oak trees twelve feet minimum height keeping the two existing trees on the side. Third, is a proposed chain link fence to be located at N.W. 27th Avenue and N.W. 16th Road should be a maximum of four feet in height NONE with a new 30 inch cherry hedge planted 30 inches. Fourth, a heavy ficus hedge four to six feet in height planted 12 inches along the east property line, subject to the vision clearance requirement and that's it. Now which of these do you find unreasonable? Mr. Shukat: All of them in certain respects, not completely. Now, the objection of the conditions which Madam Commissioner you have read appear on your zoning fact sheet. Now let me argue my objections to each one of those conditions 0 First of all, with respect to number one, a requirement of a one year review to determine if a negative impact has been created as a result of the proposed use and two, and to determine if the size of the subject property is adequate for the number of used cars. Now, what this amounts to is that the director has reserved to himself the right to Impose additional conditions at the end of the year after the issuance of this Class C permit. Because who is to know what the size of the subject property, or if it is adequate for the number of used cars. Now this is a determination that should be made before the issuance of the permit. At the end of the year, is he going to arbitrarily determine whether or not this plot can use a certain number of cars. What happens then is that we can't lease this property for any period of years because a person wishing to do business at 33 January 28, 1988 that location would not know whether or not there are any restrictions with respect to the number of cars that he can have on the property. At the end of the year, what the director intends is to review this thing and issue a new permit depending upon what he finds. Not upon what the condition was originally because if originally a certain number of cars were only permitted, or that he would only permit a certain number of cars, he would have so stated. But he hasn't stated that. So we're at the mercy of the issuance - what we're getting really is a permit with a condition on a condition. The condition in itself has a condition so that we don't know how we stand. We cannot lease the property to a used car dealer for a period beyond one year because at the end of one year he doesn't know whether or not this permit will be canceled or extended and that's my... Mayor Suarez: That's true of all of those that we approve in that fashion, you know that we don't know what would happen, nobody can predict what will happen at the end of one year. Mr. Shukat: I know, but that's true... Mayor Suarez: And I'm sure that creates some kind of an economic uncertainty or hardship to the owner. Mr. Shukat: That's true, Mr. Mayor, but the point that I'm trying to make Is... Mayor Suarez: But not as much as denying totally the applications though. Mr. Shukat: Well, but we're entitled to the permit. You cannot deny it totally. You can only impose conditions. So one of the conditions is that... Mr. Rodriguez:(Off !like) No, you're right. Mayor Suarez: Wait, let me clarify that, Counselor from our perspective. Mr. Olmedillo: If I may, Mr. !Mayor, the present situation of the property is that they have a legal nonconforming use. The planning director has the ability to issue a Class C to have a use which is comparable or less objectionable but that is a privilege which is... Mayor Suarez: Why do they have a legal non conforming use, what's the history of it? Mr. Olmedillo: Well, when you have down zonings or let's say when you change ordinances. Mayor Suarez: It was a grandfather situation? Mr. Olmedillo: Yes, sir. Mayor Suarez: Not something we previously did, specifically for this... Mr. Olmedillo: No, sir, that was from 168, 171 to 9500 who had changes in the City. Mr. Rodriguez: But it's permissible, it's not permitted. Mr. Shukat: May I proceed now to my second item? Mayor Suarez: Tan, please. Mr. Shukat: Objection, second item is seven new mahogany or oak trees, 12 feet minimum height keeping the two existing trees on the site. Now, on this small plot, they want us to keep nine trees. There aren't nine trees on the whole block, but apart from that, what would happen is this. He's got trees In the front on the side both, two sides, facing the street. What happens is, If we put trees on there, we're going to obscure the lot. We're going to screen it off in the front. The main value of this plot is that it fronts N.Y. 27th Avenue which is a very busy thoroughfare. If you're going to screen us off, he's cutting off most of the value of this property and I submit to the Commission that we ought not to be required to put the trees in the front and that nine trees is much too much on a small plot that's 90 x 90. Now, we don't have any objection, of course, to the landscaping. There's a provision 34 January 28, 1988 here that requires landscaping by hedges on three sides, the front side on lbth Street Road and we don't have any objections to that, but to put the trees there, is to deprive us of major value of our property. Mayor Suarez: OK, you understand that these are conditions that the Planning Department is imposing in order to be able to recommend the application, the permit, and if you don't agree with those conditions, you may not fare too well with this Commission because that's the only thing that even gets you a positive recommendation. Mr. Shukat: Mr. Mayor, what we're doing is challenging those conditions because the ordinance requires that they be reasonably necessary and reasonable. We're not saying that they don't have any power to impose conditions, sure... Mayor Suarez: I'm not sure the Commission would vote for this even if you met all those conditions and you're trying to remove them but, you know, it's up to you. Mrs. Kennedy: But you have a much better chance. Mayor Suarez: You probably have a better chance if you retain those. Mr. Shukats Well, of course, what we have - furthermore, they have required us, in number three, we had proposed a chain link fence of six feet. We have chain link fence on two sides, the south side and east side. Now we wanted to erect a chain link fence six feet high so that to protect the inventory of cars on the lot. He's reduced the size of that link fence on the two sides to four feet. To reduce it to four feet destroys the value of the fence. Might as well not have any. Mayor Suarez: What is the - just out of curiosity, what is the purpose in reducing the size? Mr. Olmedillo: The idea was not to have a chain link fence fronting on 27th Avenue but if you reduce it in height and you have a cherry hedge, it will be covered and that way, you know, you can argue that you can see the chain link fence from 27th Avenue. The other thing being that a car is not an easy thing to carry over a four foot fence anyway, so... Mayor Suarez: So four feet or six feet or eight feet is not going to make it any easier to get the car across. Mr. Olmedillo: I don't think so, sir. Mayor Suarez: Those, I suppose, to deter... Mr. Plummer: Sir, for the record, who is the owner of the property? Mr. Shukat: The owner of the property is Jean E. Garlick. Mr. Plummer: Jean? Mr. Shukat: Jean E. Garlick, G - A - R - L - I - C - K. She's the owner of record. Mayor Suarez: Why does that not appear? Let me ask, Counselor, why does that not appear on our application? Mr. Shukat: I don't know. Mr. Olmedillo: Why isn't that in it? Mayor Suarez: Or am I missing something? Mr. Plummer: No, it's not here. I looked all through the backup. Mayor Suarez: It seems like he is the applicant. Mr. Olmedillo: If you'll bear with me, I'll check with Zoning Boards. 35 January 28, 1988 Mayor Suarez: We've been confused on this since we weren't too sure that he had registered. We didn't know if he was representing somebody. Mr. Olmedillo: Excuse me, the Class C permit, which is the initial request, does not require the applicant to submit the name of the owner. Mr. Plummer: Mr. Mayor, I make a motion that at this time, that the Planning Department be instructed in all future applications, regardless of Class C or whatever application, that the owners must be fully disclosed. I so move. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 88-99 A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE PLANNING DEPARTMENT THAT IN FUTURE APPLICATIONS FOR CLASS C PERMITS AND ANY OTHER CITY PERMITS THERE MUST BE FULL DISCLOSURE AS TO OWNERSHIP. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: ATES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: Go ahead, Counselor. Mr. Shukat: That's it, sir. Mayor Suarez: That's it. Mr. Olmedillo: Thank you, Mr. Mayor. I would go into a brief history of this application. Originally, they had filed an application as I stated before... Mayor Suarez: Let me ask a question, Guillermo, if I may before you get too far. Is there anyone who wishes to be heard on this item for or against other than the applicant and the City Planning Department? Let the record reflect, no one has stepped forward. Does the Commission want to hear from Planning? Mr. De Turre: No. Mr. P1u:Qaer (Off mike): I move to deny. Mayor Suarez: Moved to deny. Mr. De Turre: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. 36 January 28, 1988 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-100 A RESOLUTION UPHOLDING THE ZONING BOARD'S AFFIRMATION OF THE PLANNING DIRECTOR'S DECISION TO APPROVE, SUBJECT TO CONDITIONS, THE CLASS C SPECIAL PERMIT, FILE NO. C-87-722, FOR A CHANGE OF NONCONFORMING USE FROM AUTO REPAIR TO USED CAR SALES LOCATED AT 1649 NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; SUBJECT TO THE FOLLOWING CONDITIONS: 1. A ONE (1) YEAR REVIEW TO DETERMINE IF A NEGATIVE IMPACT HAS BEEN CREATED AS A RESULT OF THE PROPOSED USE AND TO DETERMINE IF THE SIZE OF THE SUBJECT PROPERTY IS ADEQUATE FOR THE NUMBER OF USED CARS. 2. SEVEN (7) NEW MAHOGANY OR OAK TREES TWELVE FEET (121) MINIMUM HEIGHT, KEEPING THE TWO (2) EXISTING TREES ON THE SITE. 3. THE PROPOSED CHAIN LINK FENCE TO BE LOCATED AT NORTHWEST 27TH AVENUE AND NORTHWEST 16TH ROAD SHOULD BE A MAXIMUM OF FOUR FEET (41) IN HEIGHT, WITH A NEW 30% CHERRY HEDGE PLANT 30" O.C. 4. A HEAVY FICUS HEDGE FOUR TO SIX FEET (4' TO 61) IN HEIGHT PLANTED 12" O.C. ALONG THE EAST PROPERTY LINE, AND FURTHER SUBJECT TO THE VISION CLEARANCE REQUIREMENTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. COMMENTS MADE DURING ROLL CALL: Mrs. Kennedy: I feel that we have to protect the neighbors and, therefore, I vote yes. Mayor Suarez: Before I vote, should Sergio or Guillermo, should we put anything else on the record to protect ourselves here as far as the Planning Department's posture on this? Mr. Rodriguez: No, the record is full of Informations. Mayor Suarez: Complete, record complete. No qualifications or anything. OK, yes. That's it. COMMENTS MADE AFTER ROLL CALL: Mr. Shukat: That stands, therefore, as originally issued without any change? Mr. Dawkins: Denied, yes, sir. Mrs. Kennedy: Denied. Mr. Olmedillo: That is correct, sir. Mayor Suarez: Yes, the application for the special permit is denied. Mr. Plummer: No, no, no, no. Mr. Shukat: No, no, no. 37 January 28, 1988 • Mr. Plummer: The permit is approved with the conditions. Mr. Shukat: The changes are denied. Mr. Olmedillo: Approved with conditions. Mr. Plummer: He can file for that tomorrow. Mayor Suarez: Oh, that was the import of your motion is to approve with the conditions initially... Mr. Plummer: Well, no, my motion was to deny the appeal to remove the conditions. He can go tomorrow, as I understand it, and get a Class C permit If he meets the conditions. Mr. Olmedillo: Yes, sir. Mr. Plummer: Correct. Mayor Suarez: OK, so we're not approving anything regarding that, we're just denying the appeal. Mr. Shukat: OK. Mayor Suarez: Thank you, Counselor. 15. CONTINUE PROPOSED SECOND READING ORDINANCE FOR: A) AMENDMENT TO MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING PLAN DESIGNATION AT 3616- 3638 N.W. 23RD AVENUE, AND B) AMENDMENT TO ZONING ATLAS AT 3616-3638 N.W. 23RD AVENUE - FOR FURTHER REVIEW BY CITY ATTORNEY. (NOTE: THESE TWO ITEMS WERE ULTIMATELY PASSED, THIS SAME MEETING, AS ORDINANCES 10380 AND 10381 - SEE LABELS 31 AND 32.) Mayor Suarez: Item PZ-5. Mr. Olmedillo: Five and six are companion items again. This is the second reading. A plan amendment on a zoning change from RG-2/4 to CG-1/7. Before we had shown you the concern that we have about the neighborhood intrusion. If you look at the transparency, this is an island of residential use between J- 36th St. and 112, between 22nd Avenue and 24th Avenue. The land use change -- and the corresponding zoning change will be an intrusion into that residential area. You heard from the applicant and from the neighbors the last time that they were here, they were to work out a covenant which they showed to us and miss It's included in your packet and I think it's page 12, excuse me, page 15. Mr. Plummer: Does the covenant have everything we requested? Mr. Olmedillo: The covenant has an eight foot concrete wall on the residential prop... Mr. Plummer: My question was, does the covenant contain all of the things that this Commission requested? Mr. Olmedillo: From the best of my memory, yes, sir. Mr. Plummer: Thank you, sir. Are the neighbors here present? Have they seen the covenant? You have not seen the covenant? Mr. Olmedillo: The neighbors... Mr. Plummer: Where is it? Mr. Olmedillo: The neighbors and the applicant? The covenant is in page 15 of item 6. Mr. Plummer: Of item six? 38 January 28, 1988 Mr. Olmedillo: Yes, the covenant is with the zoning change, not with the plan amendment. Mr. Plummer: Twelve and 13 1 don't have the covenant - here it is, declaration, page 15. The Law Department hasn't seen it, how come? Mr. Rodriguez: Because I understand there is a new covenant amending this very recently. Ms. Miriam Maer: (Off Mike) There are many drafts of the covenant. I haven't seen the latest one. Mr. Plummer: Well, I asked if the covenant which we were considering encompasses all the demands that we placed upon and the answer was yes, now where is that covenant? Mr. Olmedillo: That is page 15 of your packet and it shows that the owner will construct an 8 foot concrete wall and it shows no ingress and egress... Mr. Plummer: Is that the final covenant? Mr. Olmedillo: I cannot affirm to that, sir. Is the applicant here? Is the applicant of PZ-5 and PZ-6 here? Or counsel for the applicant? Mr. Plummer: I move that the item be deferred so the City Attorney has the right to go over the covenant till the next meeting. Mrs. Kennedy: Second. Mr. Plummer: Five and six. Mrs. Kennedy: Second. Mayor Suarez: So moved and seconded as to PZ-5 and 6. Is the applicant here? Mr. Plummer: No. Mayor Suarez: Any discussion? Call the roll. Let's continue it to a specific date. Mr. Plummer: Yes, of February the 25th. Mayor Suarez: Any discussion? Call the roll. Mr. Plummer: Both items, five and six. The following motion was introduced by Commissioner Plummer, who moved Its adoption: MOTION NO. 88-101 A MOTION TO CONTINUE AGENDA ITEMS PZ-5 AND PZ-6 (PROPOSED ORDINANCE TO CHANGE PLAN OF ZONING DESIGNATION AND ATLAS CHANGE REGARDING PROPERTY LOCATED AT 3616-3638 N.W. 23 AVENUE) FOR FURTHER REVIEW BY THE CITY ATTORNEY OF COVENANTS PROFFERED BY APPLICANT; THIS ISSUE TO COME BACK TO THE CITY COMMISSION AT THE MEETING PRESENTLY SCHEDULED FOR _ FEBRUARY 25, 1988. (NOTE: THESE TWO ITEMS WERE LATER PASSED AS ORDINANCE 10380 AND 10381.) Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: 39 January 26, 1988 AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plun er, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---------------------------------------------- 16. SECOND READING ORDINANCE: AMEND ZONING ATLAS BY APPLYING HC-1 AREA REZONING TO: (NORTH) N.E. 46TH AND 49TH STREETS; (SOUTH) N.E. 41ST AND 42ND STREETS ; (VEST) NORTH MIAMI AVENUE; (EAST) N.E. 2ND AVENUE. -------------------------- Mayor Suarez: PZ-7, Planning Department, Joe. Mrs. Kennedy: This is second reading. I moved it the first time, I move it again. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE - AN ORDINANCE AMENDING THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PAGE 16, TO APPLY SECTION 1610 HC-l: GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT, PURSUANT TO ARTICLE 16 TO THE "BUENA VISTA EAST HISTORIC DISTRICT" GENERALLY BOUNDED BY THE REAR LOT LINES BETWEEN NORTHEAST 46TH STREET AND NORTHEAST 49TH STREET ON THE NORTH; NORTHEAST 2ND AVENUE ON THE EAST; NORTH MIAMI AVENUE ON THE VEST; AND NORTHEAST 42ND STREET AND THE REAR LOT LINES BETWEEN NORTHEAST 41ST STREET AND NORTHEAST 42ND STREET ON THE SOUTH; RETAINING THE UNDERLYING ZONING DISTRICTS ADOPTING AND INCORPORATION BY REFERENCE THE HERITAGE CONSERVATION BOARD FINDINGS THAT THE BUENA VISTA EAST HISTORIC DISTRICT MEETS THE CRITERIA FOR HISTORIC DISTRICT DESIGNATION; ADOPTING AND INCORPORATING BY REFERENCE THE DESIGNATION REPORT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987, was taken up for its second and final reading by title and adoption. On notion of Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Cosinissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10375. 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. 40 January 28, 1999 17. SECOND READING ORDINANCE: AMEND ZONING TEXT - ARTICLE 20 ("GENERAL AND SUPPLEMENTARY REGULATIONS"); ADD NEW SUBSECTION ON GARAGE AND YARD SALES; SPECIAL PERMITS; DEFINITION OF GARAGE SALE, ETC. - PROVIDE THAT GARAGE AND YARD SALES BE PERMISSIBLE ONLY BY SPECIAL PERMIT. Mayor Suarez: PZ-8. Mr. Plummer: Move it. Mayor Suarez: Moved. Mr. De Turre: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Cali the roll. AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAM1, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL SUPPLEMENTARY REGULATIONS SECTION 2003, ACCESSORY USES AND STRUCTURES" BY ADDING A NEW SUBSECTION 2003.10 GARAGE SALES; SPECIAL PERMITS TO PROVIDE LIMITATIONS AND REQUIREMENTS FOR GARAGE AND YARD SALES; ARTICLE 36 DEFINITIONS SECTION 3602, TO DEFINE GARAGE SALE; AND AMENDING PAGE 1 OF 6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RS-1; RS-2, ONE -FAMILY DETACHED RESIDENTIAL, USES PERMISSIBLE BY SPECIAL PERMIT TO ADD A NEW PARAGRAPH 5 TO PROVIDE THAT GARAGE AND YARD SALES SHALL BE PERMISSIBLE ONLY BY SPECIAL GARAGE AND YARD SALE PERMIT AND BY AMENDING PAGE 2 OF 6, OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; USES AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RG-2 GENERAL RESIDENTIAL, BY ADDING AN EXCEPTION THAT GARAGE SALES SHALL NOT BE PERMITTED IN THE DISTRICT OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10376. 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. 41 January 28, 1988 ----------- ----------------------------- ---------------------------- --- 18. SECOND READING ORDINANCE: AMEND ZONING TEXT - ARTICLE 20 ("ACCESSORY USES AND STRUCTURES'); TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS - DELETE CERTAIN SUBSECTIONS BUT SUBSTITUTE LIMITATIONS AS TO SPECIFIED PUBLIC FACILITIES AND THEIR PARKING LOTS; NUMBER OF ANNUAL EVENTS; NOTIFICATION TO PROPERTY OWNERS. --------------------------- Mr. Plummer: Clove PZ-9. Mayor Suarez: PZ-91s been moved. Planning Department item. Mrs. Kennedy (Off mike): Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SECTION 2003.9 TEMPORARY SPECIAL EVENTS; SPECIAL PERMITS, BY REPEALING EXISTING SUBSECTIONS 2003.9.1 THROUGH 2003.9.6 OF SAID SECTION AND SUBSTITUTING THEREFOR CONDITIONS AND LIMITATIONS, AS TO SPECIFIED PUBLIC FACILITIES; ORANGE BOWL, BICENTENNIAL PARK AND BOBBY MADURO MIAMI BASEBALL STADIUM AND THEIR PARKING LOTS IN REGARD TO THE NUMBER OF EVENTS ANNUALLY AND PROVIDING FOR NOTIFICATION TO ADJACENT PROPERTY OWNERS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987, 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 given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10377. 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. NOTE FOR THE RECORD: Although the Clerk called Commissioner Plummer's name during roll call, he was absent at time of voting. 42 January 28, 1986 ------ ------ 19. SECOND READING ORDINANCE: AMEND ZONING TEXT - ARTICLE 20 ("ACCESSORY USES AND STRUCTURES"); CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES; VARIANCES PROHIBITED; COMMUNITY BASED RESIDENTIAL FACILITIES; ADULT DAY CARE CENTERS; CHILD DAY CARE CENTERS; ADULT ENTERTAINMENT, ETC. PROHIBIT ZONING BOARD FROM RELAXING SPECIFIC CONDITIONS OF USE UNDER PRINCIPAL USES AND STRUCTURES, ACCESSORY AND TRANSITIONAL USES. Mayor Suarez: PZ-10. Mrs. Kennedy: Move ten. Mayor Suarez: Moved. Mr. De Yurre: Second. Mayor Suarez: Planning Department, item In it? Yes. Do we have a second? Mr. De Yurre: Second. Mayor Suarez: Seconded. Any discussion? Read the ordinance. You're slowing down. Call the roll. Do we have three? AN ORDINANCE - AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 20, ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7 CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES: BY ADDING A NEW PARAGRAPH 2O03.7.10 VARIANCES PROHIBITED; BY AMENDING SECTION 2025 SIGNS, GENERALLY TO PROVIDE THAT NO VARIANCES ARE PERMITTED; BY AMENDING SECTION 2034 COMMUNITY BASED RESIDENTIAL FACILITIES BY ADDING A NEW SUBSECTION 2034.4 VARIANCES PROHIBITED; BY AMENDING PROPOSED SECTION 2035 ADULT DAY CARE CENTERS BY ADDING A NEW SUBSECTION 2035.5 VARIANCES PROHIBITED; BY AMENDING SECTION 2036 CHILD DAY CARE CENTERS BY ADDING A NEW SUBSECTION 2036.6 VARIANCES PROHIBITED; BY AMENDING SECTION 2037 ADULT ENTERTAINMENT OR ADULT SERVICES BY ADDING A NEW SUBSECTION 2037.6 VARIANCES PROHIBITED AND BY AMENDING ARTICLE 31, "APPEALS FOR VARIANCES FROM TERMS OF ORDINANCE", SECTION 3101 VARIANCE DEFINED; LIMITATIONS, SUBSECTION 3101.1 USE, AND SPECIFIC CONDITIONS OF USE, AND FLOOR AREA RATIO VARIANCE PROHIBITED BY CHANGING THE TITLE TO ADD "SPECIFIC CONDITIONS OF USE" AND TO PROHIBIT THE ZONING BOARD FROM RELAXING ANY SPECIFIC CONDITIONS OF USE UNDER THE PRINCIPAL USES AND STRUCTURES, ACCESSORY USES AND TRANSITIONAL USES COLUMNS ON THE SCHEDULE OF DISTRICT REGULATIONS AND REPEATING THE AFOREMENTIONED PROHIBITIONS; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987. 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 title and passed and adopted by the following vote: 43 January 28, 1988 • i ATES: Commissioner Victor De Turre Commissioner !filler J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10378. 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. _ COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Is this on nine? Ms. Hirai: Teo, sir. Mr. Plummer: Tea. Ms. Hirai: No ten, I'm sorry. PZ-10. Mayor Suarez: Ten. Ten. Mr. Dawkins: Ten, ten, J.L. Mr. Plummer: Then, hold up a minute. Mr. Maxwell: That was 11 I just read. Mr. Plummer: Ten. 20. A) FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE PLAN DESIGNATION OF PROPERTY LOCATED AT 2600 N.W. 14TH STREET. B) DIRECT ADMINISTRATION TO STUDY ENTIRE PORTION OF PROPERTY AT 2600 N.W. 14TH STREET FOR PURPOSES OF MAKING THE BLOCK ZONING UNIFORM. (APPLICANTS: MR. & MRS. M. ESCLOFER.) (SEE LABEL 21.) Mayor Suarez: PZ-11. Mr. Olmedillo: PZ-11 and 12 are companion items again. PZ-11 is the plan amendment and PZ-12 is the toning change from an RG-1/3 which is a duplex zoning to an RG-2/5, multi family zoning. This is located on 14th Street and 26th Avenue, N.W.. Mayor Suarez: This is to multi family. How big multi family? Mr. Olmedillo: From the records, it's a lot which is about 100 and - I mean, 86 feet or out to 90 feet frontage by 120. And they have this, this application once before you, the applicant was not present in the January meeting and you had agreed to continue the item for this meeting. We were concerned about the fact that the east and west homes were in good conditions, the abutting homes east to west and vest of the property, the... Mayor Suarez: We've heard quite a bit about this item, haven't taken any action on it yet. We indicated we'd like to go by and visit the place, location. Mr. Olmedillo: Right, the neighbors show that they resisted the change. We, the Planning Department consider that if an application had been filed for all the lots, maybe that would constitute a different organization of the land use in the area, but being only one lot and being isolated between two RG-1/3 lots, that will constitute an intrusion into their present use. 44 January 28, 1988 Mayor Suarez: Do we have the applicant here this time? UNIDENTIFIED SPEAKER (OFF MIKE): Yes. Mr. Olmedillo: The applicant is present and the neighbors are here. Mayor Suarez: Those that would like to be heard or who are - let me just put it this way, those who are opposed to this application, please raise your hand. I gather that's the majority of the group over here? And, are you _ going to have anyone speaking in favor other than the applicant? Now, we heard from both sides before, I believe, did we not? Mr. Olmedillo: Yes, sir, I would just like to enter into the record that... Mayor Suarez: Yes, I just wanted to sort of start planning this here. I see so many people standing in the aisles and that... we've heard before from both sides, extensively. Mr. Rodriguez: You did. Mayor Suarez: OK, I remember the arguments on both sides. The typical arguments on both sides. OK, Guillermo. Mr. Olmedillo: Yes, I'd just like to enter into the record that the Planning Advisory Board recommended denial by 6-3 vote and the Zoning Board recommended denial by an 8-1 vote. Mayor Suarez: Let's hear from the applicant. Ms. Nora Nardo: OK, my name is Nora Nardo and I live at 1000 N.W. 40th Avenue. First, I would like to apologize for not being here on December the 2nd when there was another hearing held. And the reason why we didn't come on is because there was a letter from the City of Miami stating that a meeting was going to be held on December the 10th instead. I would like to show it to you, Mr. Mayor, and the Commissioners so they could see that we have a very powerful reason why we didn't show up on that date. Mayor Suarez: That's OK, I think we figured there must have been some confusion. We knew that you were quite interested. Ms. Nardo: Yes, it was really very interesting because we were the only ones who got this notification and the other party didn't get anything. But anyway, I know that you have heard a lot about what has happened in this area and why, you know, the people, were are opposed and why we're in favor of it. But this time I brought something so the people who are not too familiar to the neighborhood could see, you know, what the area really look. Mayor Suarez: There's a portable mike that you can take with you there. Ms. Nardo: You can't tell I'm not familiar with it. In here, and I don't know If all the Commissioners and you, Mr. Mayor, can see it, is... let me point it this way... Mayor Suarez: That's 836? Ms. Nardo: OK, this is the 22nd Avenue... Mayor Suarez: But the main expressway is 836, I guess? Ms. Nardo: Yes, that's right, and this is 27th Avenue, this is the 22nd Avenue. When they talk about being an isolated case. I want to make everybody aware, that on this block, we have 11 lots. Out of the it lots, five have already been changed to RG-5, which means that they are able to have multiple family units like five, or four apartment buildings there. In fact, this is In existence now. This one, they are planning on building it now, and it changed on September, in 185. Mayor Suarez: I'm sorry, yes. Guillermo, you said that with the change, they would be able to go... is that a correct estimate of what they would be able to build on there in terms of the number of units that you just stated? 45 January 28, 1988 _ Mr. Olmedillo: There is a similar lot which went through a zoning change about a year or a year and one-half ago and they were able to put five units on that lot, and the lot is very similar to the one that the applicant is bringing before you today. Mayor Suarez: Does the FAR change? Mr. Olmedillo: The FAR is up to .75. The FAR on the RG-1/3 is limited to only one duplex, but it is a double unit in one lot, regardless of the size of the lot, that is, a minimum size of 5,000 feet, but then they can only build two units, a duplex. Mayor Suarez: Vell, that is an absolute restriction. That is not on terms of FAR. Mr. Olmedillo: Right, yes, the FAR does not apply on that particular case. Mayor Suarez: What is the FAR with this new classification? Mr. Olmedillo: It will be .75. Mayor Suarez: That will be .75, and there is no possible way, physically to put more than how many units per lot? Mr. Olmedillo: The one that was changed recently, as I stated, has five units in it. It is rather tight in the lot. Mayor Suarez: And we are now talking about duplexes. Mr. Olmedillo: And what it is today is duplex. Mayor Suarez: I'm sorry, go ahead. Ms. Nardo: OK, fine, so as you can see here, these are existing and when we are talking about four or five... of course, I don't know, because I haven't presented the plans, the floor or anything , so I don't know how many will be allowed to be built there. Of course, we will go, with whatever, you know, we are allowed to build. Also, in here, there is a child care center and that also is an RG-5, which means that if they want, they can build apartment buildings and you can verify that. In here then we have Fern Isle Park, which belongs to the City of Miami, so really, we are concentrating on these area of eleven lots, in which five already have been changed, so we are talking about this too. This is an existing apartment building, six units. All this are three blocks of apartment buildings, they're called the Wildwood . In here we have the Tanglevood, 300 apartment units. All this on this side... Mayor Suarez: Let me ask a question. That's Tanglevood, right, that she is talking about? Mr. Olmedillo: South of it is Tanglevood, yes, sir. Mr. Plummer: Right in front of it. Mayor Suarez: Right. Ms. Nardo: No, Tanglevood In here, Wildvood is here. Mayor Suarez: Vhat is the other one, the other wood? Ms. Nardo: Wildvood, W-i-1-d. Mayor Suarez: Wild... I am not as familiar. Tanglevood, what kind of density are we talking about there? Mr. Plummer: Heavy. Mr. Olmedillo: It is an RG-2/5, and it is around .75 FAR Mayor Suarez: And you can put that many units under that? Mr. Olmedillo: Well, it is a large piece of land, and remember that they have permanent open space and that increases the square footage. 46 January 28, 1988 0 Mayor Suarez: No height limitations, or anything? I mean, now many... Mr. Olmedillo: A five doesn't have a height limitation, that is correct, sir. Mayor Suarez: Well, just how many floors does Tanglewood have? Doesn't it have about four floors? Mr. Olmedillo: From my memory, it is about four stories. Mayor Suarez: That's right. Ms. Nardo: We're not planning on having four. It is two, what we are having here. Also, then... Mayor Suarez: I guess you physically would not be able to with the lots we're talking about. Ms. Nardo: That's right. That's right, here, we know the limitations we have here. Also, all these are commercial sites, right? So, what the people object, is because they think this is going to be an isolated case. Is this going to be an isolated case when you have so many apartment buildings, all around to the south? We have commercial sites here, and in fact, if you look to the green spots represents the people, the family that are in favor of the rezoning, so really an isolated case are these six that haven't been rezoned already. If what they say is that only one is considered an isolated, I'm sure that the other owners will also want to do it. In fact, this one, which is Mr. Gregorio, he wants to do it, so this is not an isolated case. Also, we have to think that September of 185, when they did the rezoning, they said that it was going to be against the Miami comprehensive plan, there was no objection at all, so how come in 1985 to 187, everything changes so drastically. We are In need of housing, and we know that, because there are violations here. There are some duplexes there that are used as triplex. We all know that, and they are being investigated. You know why? Because these people here, they are willing to pay whatever, or to live wherever, because there is a need of housing, so why is that opposition for us to have a four or five unit apartment building there? If we are not going to look at this, because they are apartment buildings and then the only thing that we have to concentrate is on this one, and as you can see, only two are opposed and everything else is in favor. Also, we have to think of something. We have to be prepared. If they don't want changes, they are in the wrong City, because Miami changes, Miami has changed and Miami has to change. There is some suggestions for 1988, for three thousand people to come to live in South Florida every week. Of course, they are not coming to Miami, all of them, but we know that a lot of them want to live here, so we have to help them. And they are not the old people that's retired, that want to live in South Beach, we don't have that any more. We have young people who come here to work, and it is our responsibility to try to help them as much as we can, and one way of helping Is providing this kind of housing, so again, I am asking, I am in favor of us to build those apartment buildings there, because when you think about Brickell Avenue, 10, 15 years, ago, what was Brickell Avenue?... all houses, that was it. Now, I take pride when somebody comes from out of the state, just to drive them along Brickell Avenue... beautiful buildings, beautiful places to live. What if you hadn't change the rezoning? What would have happened there? They also say that we are not interested in their property because we don't live there. Listen, this is my only property, and I am sure I am going to take care of it. I am not sick and I have been living in the neighborhood for 25 years, so I know the area. Mayor Suarez: Well, when you say it is your only property, that means you live there? Ms. Nardo: No, I have my house. and this is another property, for investment. Also, when they talk about they have the objection that we bought it for Investment, this person, Mr. Guevara, who is so opposed to our building that there, he has this as an investment. He doesn't live there. He has another property here, for investment too. He lives on 26th Avenue and this is one of the persons who is in violation, so why then is he so opposed for us, to let us do right when he is doing wrong. OK? I think that that explains everything. I know that you have heard over and over again what the reasons are, but I think, and I want you to think about what is happening in Miami and that what we cannot say, you know that we want to leave Miami the way it was, 47 January 28, 1988 and especially when you see that in this area, it is not going to be affecting any of the properties. It is not going to have more traffic, and even the planning Department says that they don't want it now. In 1985, they said that they were not opposed to it, that they would not change the Miami comprehensive plan. Thank you. mayor Suarez: Guillermo, why are some of those other ones already are RG-2/5, as she is pointing out? First, is that the case, as she says, that there are many others in that same block that already have multifamily residential? Mr. Olmedillo: if you see the transparency up to four lots to the west, they have an RG-2/5 designation. The statement that we make on the record and that we make in the packet that you have today, it is not in conformance with the comprehensive plan, and that is fact, that is not an appreciation from us. We have a plan which is colored and has different plan use designations. It happens that this particular lot falls within the land designation, that it is a duplex zoning, so that is a fact, that is not our appreciation of what may be. Mayor Suarez: God, that is a complicated answer to what I thought was a simple question. She said that there are many other properties, lots, presumably, in this same block, that also have received, what I understood, to be a change of zoning classification to more density, presumably, to the same as this, to RG-2/5, right? Mr. Olmedillo: That is correct. From lot 10, towards the east... Mayor Suarez: How did that happen?... by action of this Commission, or...? Mr. Olmedillo: By action of this Commission, one lot was rezoned, one. The others happened before. Mayor Suarez: Before, what? Before Genesis, before... Mr. Olmedillo: Before three... probably under 6871. Mayor Suarez: When there was no zoning? Mr. Olmedillo: I cannot state the date, because I don't have it at hand, but... Mayor Suarez: But, presumably by Commission action also? Mr. Olmedillo: Yes, sir. Ms. Nardo: Can I say something? I have here the tapes of the meeting, the hearing, of September, 1985, and two lots, number 10 and 11, were rezoned on that date, so if you are there.... Mayor Suarez: Are you aware of that? Mr. Olmedillo: I stand corrected, it is 10 and 11. I was taking it as one property. Mayor Suarez: OK, because she made it sound like it was six, and you are saying two, OK. Ms. Nardo: No, what I am saying In six already with RG-2/5. Mayor Suarez: Why? That's what I want to know, why are there six? Ms. Nardo: Look there at the transparency, and you will see them. Mayor Suarez: I don't want to know that they are RG-2/5, I gather that you are saying they are, six of them. Mr. Olmedillo: Yes, it is Commission action. Mayor Suarez: Why are six of them RG-2/5? Mr. Olmedillo: Commission action in the past rezoned this property. 48 January 28, 1988 Mayor Suarez: Not some whole new zoning code, or something that just happened before we all got here, whatever? Mr. Olmedlllo: It is Commission action, that is it. Mayor Suarez: Actually Commission action to change from... Mr. Olnedillo: Changed from... Mayor Suarez: ... the prior classification. Mr. Olsiedillo: ... RG-1/3 to RG-2/5. Mayor Suarez: Spot zoning. Mr. Olmedillo: Go ahead, please. Mr. Rodriguez: I understand that the Commission action was for 10 and 11, recently, Coinsissioner. Mayor Suarez: Two of them in one shot. Mr. Rodriguez: And It is not a spot zoning, because it is adjacent to another line of RG-2/5. so it was... Mayor Suarez: Why was that RG-2/5? Mr. Rodriguez: Before? Mayor Suarez: Tea. Mr. Rodriguez: I couldn't tell you, it is before our... your time, my time, God's time, and... Mayor Suarez: Way back! That is why I said, it has been around, possibly as such as J.L., and... Mrs. Kennedy: Ten City Managers ago. Mayor Suarez: Ten City Managers ago. Ten Assistant City Managers ago! Ms. Hardo: Can I say something? Mayor Suarez: Well, how about if we hear... you are going to have a chance to rebut, I guess. On the objectors, now. How are we going to organize that? I see we have a brilliant counselor here now. Mr. Robert Wayne: My nasee is Robert Wayne with offices at 1225 SW 87th Avenue. I represent the neighbors who are here. Mayor Suarez: And you have registered with the City, and so on? Mr. Wayne: Tes, I have. I would first of all like to present... Mayor Suarez: Tou understand, counselor, that we have heard from both sides on an individual basis. Are you going to limit... Mr. Wayne: Very short. Very short. We have a petition signed by 40 of the immediate neighbors with their addresses, who live in the area. Mayor Suarez: OK, that... you want to go ahead and put that on the record right now? Mr. Wayne: I certainly do. Mayor Suarez: OK, proceed. Mr. Wayne: I would like to show... and everybody always says he would like to go out to the area... these are the houses, front lawns, trees, single family and duplex houses. These are the two... 49 January 28, 1998 Is 1b Mayor Suarez: Which lot, would that, either one of those be that you are showing us? For example... Mr. Wayne: This is on one side, this is on the other. My face is the vacant lot, OK? Mayor Suarez: I'm sure some have described it that way in the past. Mr. Wayne: I've been called a lot worse, Mayor Suarez! Going one lot over, or two lots over, I really forget, we have one of these. What they said is true, they had a lot rezoned, and they put a five, six unit place on. The only problem is, it is an old... it is all paved. It is a parking lot. It's a nice building, don't get me wrong. It is a nice building, they did a very nice job, but there is no front lawn, there is no trees, and it is all paved. The average people have lived here about 10 years, and I may that, because most of the people have lived in this neighborhood IS... one couple has lived there eight, so we will get it down. This is not an are in transition. These people are proud of their neighborhood, these people like it this way, they felt very bad that there had been an intrusion. Now, they are down here... Mayor Suarez: Let me ask a question about that if I may... right north of NW 16th Street, what do we have back there? Mr. Plummer: A shopping center. Mr. Olmedillo: RG-1/3, it is duplex zoning, and it is a stable... Mayor Suarez: And in fact, that... you almost tell me the classification, Guillermo, but I also want to know, what is actually there? Mr. Olmedillo: Duplex, duplex homes. Mr. Wayne: (OFF MIKE) This is the house that is across the street, Mr. Mayor. Mayor Suarez: They are typically duplexes?... zoned duplex and actually duplexes there?... some single family. Mr. Wayne: This is a two lane road, OK? These people want to adopt both - advisory and planning. The proposed change would constitute a grant of a special privilege, the granting would be deleterious, OK, and impact on the - adjacent properties. I can't say any more, the City has done everything I want. These people have been here for four hearings. Each time, and they've - come down each time, they are very strongly against this, and I have these pictures if the Commission wants to see them, OK?... these are the houses, next to and across the street, and I don't think a five unit building in a vacant lot, right in between these houses belongs there. Mr. Maxwell: Mr. Mayor, can we please have the attorney representing the opponents mark these, so they can be admitted into the record? Mayor Suarez: Why don't you go ahead and mark them yourself, I think that is the way we need them, with your own handwriting. Mr. De Yurre: Mr. Mayor, I have a concern here, because some allegations have been made, and we have seen pictures of the homes on the block, and yet I have heard some allegations about violations of having triplexes and rental units that are not supposed to be there, and I would like to follow up on this, and we can get Code Enforcement to see what is going on in that area. Certainly, _ I think that if we are talking about a single family home, that's where it is supposed to be, and I want to make sure that is the case. Mayor Suarez: Can anybody give us this specific address? Does anybody... Mr. De Yurre: I want to find out about that right now. You made some allegations. What the addresses that you believe are in violation? Code Enforcement, if we can start taking those addresses down and see what is happening. Mayor Suarez: Can this be referred directly to Code Enforcement, if we get a specific address? 50 January 28, 1988 Mr. Olmedillo: Sure. Ms. Nardo: 2570 NW 14th Street. I know... Mr. De Yurre: Which one is that? Unidentified Speaker: You have the picture there that shows three mailboxes I believe, in the pictures there. Mr. De Yurre: Which lot is that? Unidentified Speaker: Lot number... Mr. Plummer: Is the owner of 2570 - 14th Street present? Are you the owner? Could you come to the microphone, Ma'am? For the record, your... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Dawkins: That's OK, I... I don't either, I don't speak Spanish, but I got two fellows, let them go to the mike, they speak Spanish. Mr. Plummer: Who is.going to the translator? Are they owners of 2570 NW 14th Street? Mrs. Kennedy: One says no, the other one says yes. Mr. Olmedillo: They got the wrong number. Mayor Suarez: They are no longer living together, that's... Mr. Wayne: That is 2570, there. Mr. Plummer: Are they... are the owners 2570 NW 14th Street present? Mayor Suarez: They are together again. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Olmedillo: 2570... now they got it. They live there. Mr. Plummer: For the record... Ms. Nardo: No, they don't live there. They are the owners. Mayor Suarez: OK, they own it. Oh, are you the owners? (COMMENTS IN SPANISH) INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. i Mr. Plummer: Are they the owners? 'f Mr. Olmedillo: Yes. I IUnidentified Speaker: They are the owners? i Mr. Olmedillo: Yes. Unidentified Speaker: They live one block away, the woman, he move out. = Mayor Suarez: No, no, I mean at that address. You don't live at that address, but you do own that? Mr. Plummer: OK, for the record, their names, please? For the record... Mayor Suarez: Su nombre? Ms. Teresita Guevara: Teresita Guevara. Mr. Plummer: All right, would you ask through the translator, would you ask them what is the present zoning of their property? I would appreciate for the record, that we use our translator. Mr. Manager, there is an awful lot can be lost in translation. I would ask through our translator, what is the present zoning. 51 January 28, 1988 Mr. Rodriguez: Let me put that on the record, please. (COMMENTS IN SPANISH) Mr. Guevara: They have a duplex. Mr. Plummer: OK, for the record, do you have four than two families living at that location? Mr. Rodriguez: (TRANSLATES QUESTION INTO SPANISH) Mr. Guevara: (COMMENTS IN SPANISH) Mr. Plummer: And the answer is.... Mayor Suarez: (ASKS IN SPANISH TO ALLOW THE TRANSALATOR TO SPEAK) Mr. Rodriguez: (TRANSLATES) He built this for his son that was going to live there, and he didn't get married, so we are getting to the point, now. Mr. Plussser: Wait, wait, what is this about getting married? I asked, are there more than two families living there? Mr. Rodriguez: (TRANSLATES INTO SPANISH) Mr. Plummer: Is he aware... Mr. Rodriguez: (TRANSLATES) He has three families. Mr. Plummer: Is he aware that that is a violation of the zoning code? Mr. Rodriguez: (TRANSLATES INTO SPANISH) Mr. Guevara: (TRANSLATED BY MR. RODRIGUEZ) All that was built originally for the purposes that they had , but now, who knows, a lot of people have more families sometimes living in the houses. Mr. Plummier: Does he realize that he is going to be visited tomorrow morning by Code Enforcement and told to move one of those families put? Mr. Rodriguez: (TRANSLATES INTO SPANISH) Mr. Guevara: (COMMENTS IN SPANISH) Mayor Suarez: Wait, wait, you are saying that as of this moment, you are letting them know that that is a violation, so they that they can move out. The problem is, that they are necessarily here, so you are going to have to figure out some other way of letting them know. Mr. Rodriguez: But, he is perfectly agreeable to tell them that they have to move, because he wants to keep the area, and that is what he has told me. Mr. Maxwell: Mr. Mayor, may I make a recommendation? Ms. Guevara: (OFF MIKE) (COMMENTS IN SPANISH) Mayor Suarez: Wait, wait, we are not going to go on forever on this. Joel? Mr. Maxwell: Instead of the Commission directing that they move at this point, I would suggest that you send an inspector out tomorrow and let that... based on that inspectors findings... Mayor Suarez: Let us not give the impression, Sergio, tell them, that we are making any sort of a finding here, or telling them what they should do. We are just telling them that is what the Code says, and we are interpreting the Code, and an Inspector will be there. Mr. Rodriguez: (TRANSLATES INTO SPANISH) Ms. Guevara: (TRANSLATED BY MR. RODRIGUEZ) The gentlemen sent an inspector... Mayor Suarez: He doesn't send any inspectors, but he may have asked the City to send an inspector, which... 52 January 28, 1988 Ms. Guevara: (COMMENTS IN SPANISH) Mayor Suarez: OK. Ms. Guevara: (COMMENTS IN SPANISH) Mayor Suarez: No, no, you are saying that the inspector didn't work and apparently, it did not work, but apparently, it is going to work this time. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Unless the Commission wants to hear on the issue on the issue of this particular possible violation of the Code, I don't know that... Mr. Plummer: No, it has already been admitted. Mayor Suarez: Great, OK. (THANKS SPEAKER IN SPANISH) Any other objectors? Counselor. Mr. Wayne: Mr. Mayor, it would be the same. Mayor Suarez: OK, you are welcome to put into the record their names, if they are any different from the petitions that we have gotten, or anybody has any other specific points they want to make, that have not been made, and I am not trying to elicit any more, I mean God knows, we don't need any more, but... Mr. De Yurre: Mr. Mayor. Mayor Suarez: Yes, Commissioner. Mr. De Yurre: I'd like to know, are there any other violators? Ms. Nardo: Well, really, I wasn't checking on the violators, but when somebody really tries to hit you hard, you investigate a little bit. Mr. De Yurre: Is this individual one of the two red spots up there? Ms. Nardo: I'm sorry? Mr. De Yurre: Is this individual one of the two red properties? Ms. Nardo: Oh, yes. Oh, yes. OK, now, can I say something? I don't know if I'm... Mr. De Yurre: I just want to know, see, where we are at now. Ms. Nardo: Yes. Mr. De Yurre: So, we have one of the opponents, objectors, like the Mayor said, who was objecting because of the fact that he wanted a duplex area, however, he had triplex, but he was objecting to having more than duplex. Ms. Nardo: Yes. Mr. De Yurre: I just want to... Mayor Suarez: Is that the case? Is that one of the two red... ? Mr. Wayne: Right, it is. Mr. De Yurre: OK, fine. Go ahead, Mr. Mayor. Mayor Suarez: OK, anything else from the objectors? Mr. Wayne: No, we just rest on the City's findings, your Honor, and the character of what we see of the pictures of the houses, OK?... that we don't feel that that type of property belongs there. t Mayor Suarez: Anything else from the applicant? 53 January 28, 1988 I [71 Ms. Nardo: I have signatures here, I have 42, in which are about 14 owners, that they are in favor of it. I would like to present this. Mayor Suarez: OK, those are ordered into the record. Mr. Plummer: Are they within the 375 feet radius? Ms. Nardo: Some of them are, yes. Some of them, because the... Mr. Plummer: Some of them are. Is that 2 out of 42, 20 out of 42? Ms. Nardo: Let's say 9 out of 13 or 14. Let's say about 60 percent. Mr. Plummer: Sixty percent live within the 375 foot radius? Mayor Suarez: OK, but when you may 42, it is 42... INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Ms. Nardo: Yes, but he is talking about owners, right? Everybody is within the 375 feet. Mayor Suarez: And out of 42, are there 14? How many are there? How many actual properties? Mr. Plummer: I don't see 42 pieces of property there. Ms. Nardo: Well, remember there are apartment buildings too, there. Mr. Plummer: Ah, the Tanglevood. Mayor Suarez: So, the petitions might be just individual apartment dwellers, or owners, or whatever. Mrs. Nardo: Yes. Mr. Rodriguez: I assume that they are referring to the map that we have on the screen, that shows a circle, of 375 feet. Mayor Suarez: And you are... just to point a clarification, your petitions are also... like apartment by apartment, or are they actual individuals? Mr. Wayne: They are actual individuals that live in this area, because all their addresses are right next to it, and this can be checked. Every one of them. Ms. Nardo: Oh, yes, it can be checked. They have addresses and everything. Mayor Suarez: Well, I don't know that we are going to check either one. I just sort of wanted to know what each one alleged them to be. I suppose you could always sake this a test. Anything also from the appellant? Ms. Nardo: Yes. No, the only thing, my closing statement here is that besides the changes, that we know that we cannot just leave it the same way that it was before, in the changes and whatever. If we really look at that, you will see that the isolated cases are the one, two, three, four, five, six lots out of eleven that are not being changed, and also, remember, that lot number four, five, six, also will be asking for a change in zoning, and also remember, that as they have stated on September, 1985, when they approved the hearing, Mrs. Teresita Fernandez said that the Planning Department is recommending approval of the zoning change. "The requested change will not be at odds with existing uses in the area, as the subject property, is adjacent to apartment buildings to the south. Such a change would not therefore, be at odds with Miami comprehensive plan." Also, Mr. Campbell, he says that, "The Department has no objection, as a matter of fact, it has no objection to the contention of this particular zoning, and I am sure this request could come up again for this entire tier of lots, from four to eleven. They would eventually come up for rezoning, and we have no objection to that." And that is the Planning Department, and I have the tape here, if you want to hear it. Thank you. 54 January 28, 1988 Mr. De Turre: Mr. Mayor, I think that historically this block has had numerous petitions and it has been an area of transition to a great degree, and we need to consider a number of things. We need to consider Miami's position, presently with the influx of new residents that are coming in, residents that are going to be coming in the near future, and somehow, we have to make room for these individuals to be a viable part of our community. I look at that area, I personally feel that that whole section should be RG-2/5, and maybe we should recommend that maybe for the next zoning meeting, that we have a study made so maybe we can just go ahead and rezone that whole section. if not, this becomes pretty much like 27th Avenue, that piecemeal gets rezoned and rezoned, and I think that there should be a format for this, a study made by the staff, and to go ahead and possibly, you know, rezone that whole, the remainder of that block. I've read, and I've listened to tapes, and in fact, I was part of the, when I was on the Zoning Board, a few years ago, I was part of that board that approved the original zoning change, or recommended to the Commission the zoning change for the other lot, the other two lots that were changed, and I know that area well. It is close to the Muse Isle, and where my wife worked for a number of years, so I'm well aware of what goes on there, the transition that exists, and I feel comfortable at this point in time to moving for approval of this item. Mayor Suarez: So moved. Do we have a second? Once. Do we have a second? Mrs. Kennedy: This is a tough one, but I am going to second, because it is an area surrounding by apartment buildings and commercial units, so I second. Mayor Suarez: Seconded. Mr. Plummer: Under discussion, Mr. Mayor. Mayor Suarez: Commissioner Plummer. Mr. Plummer: I feel as Mr. De Turre felt when he first opened his remarks. I - have made the statement before that there is no question in my mind, that 14th Street is a main thoroughfare, even though it is not as vide as it should be. There is a great deal of traffic. It is going to changs. The only problem that I have is to do it on a piecemeal basis, and that's my problem. I would prefer to see the Planning Department go through the study to whether or not all of the properties should change. We had a change of zoning, and that's why they can't come in now and get what they want, as far as a zoning change - is concerned. I don't think there is any question, it is going to change. It's bound to happen. It is just really a matter do we want to do it in an orderly fashion, or do we want to do it in an individual fashion, and I think the answer, most all of the time is to do it in as orderly fashion. Mayor Suarez: I basically agree with the statements of Commissioner Plummer. I understand that we are going to have more pressure for more housing. I typically would be disposed to go along with duplexes where presently, single ® family residents exist, but the amount and density of this use to me sounds excessive. A study might lead us to conclude that we simply have to do that S in that area and that the area must change. I don't know that at this point, I am ready to say even that, after a study, so I can't favor this application. Anything else from the Commission before we vote? Mr. Plummer: hell, the only thing I think the applicant better consider, I am not trying to read the votes up here before this Commission, that's the worst thing I've ever tried to do, but if you take a denial tonight, it would be one year before you could come back, correct? INAUDIBLE COMMENT. Mr. Plummer: No, not if it was a total planning study, and it was recommended. = Mr. Rodriguez: They couldn't apply again. Mr. Plummer: Well, they wouldn't have to apply if it was recommended. Mr. Rodriguez: If there was a study done by the Planning Department to be brought up within the time period that we have to go through the process of going to the Planning Board, and so on. If you deny, it's 18 months. 55 January 28, 1988 Mr. Plummer: Weil, but if in fact, you came up with a study, and you recommended the entire block to be the RG-2/5, then they wouldn't even have to come back here, they would just be a matter of filing an application, so the time limit really doesn't make a difference. Mayor Suarez: Anything else from the Commission? Call the roll on the motion. Read the ordinance, please. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 2600 NORTHWEST 14TH STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO MODERATE HIGH DENSITY RESIDENTIAL; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. _ Was introduced by Commissioner De Yurre and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Vice Mayor Rosario Kennedy NOES: Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez ABSENT: None. COMMENTS MADE ON ROLL CALL: Mr. Plummer: On the single application, no. 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. Plummer: Mr. Mayor, I make a motion at this time directing the Planning Department to study the remaining portion of that block for consideration of making it uniform. Mr. De Yurre: Second. Mr. Plummer: That will come back at a later time to this Commission as to what happens. Mayor Suarez: Moved and seconded. Any discussion? Call the roll on that motion. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 86-102 A MOTION REQUESTING THE ADMINISTRATION TO CONDUCT A STUDY OF THE ENTIRE PORTION OF PROPERTY LOCATED AT 2600 NW 14 STREET FOR PURPOSES OF CONSIDERING THE BLOCK'S ZONING TO BE UNIFORM, NAMELY BY CHANGING THE PLAN DESIGNATION OF ALL PROPERTIES LOCATED ON THIS BLOCK FROM LOW MODERATE DENSITY RESIDENTIAL TO MODERATE HIGH DENSITY RESIDENTIAL. Upon being seconded by Commissioner De Yurre, the motion was passed and adopted by the following vote: 56 January 28, 1966 s a AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. ---------------------------------------------------------------------------- 21. FIRST READING ORDINANCE: AMEND ZONING ATLAS AT APPROXIMATELY 2600 NW 14TH STREET. (APPLICANTS: MR. & MRS. M. ESCLOFER.) (See label 20.) Mayor Suarez: PZ-12 is a companion item. Mr. Olmedillo: Yes, sir, that is the zoning. Mayor Suarez: I'll entertain a motion on the changing of the zoning atlas. Mr. De Yurre: Moved. Mrs. Kennedy: Second. Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 2600 NORTHWEST 14TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 1/3 ONE AND TWO FAMILY DETACHED RESIDENTIAL TO RG-2/5 GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 25 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner De Yurre and seconded by Commissioner Kennedy and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Hiller J. Dawkins Vice Mayor Rosario Kennedy NOES: Commissioner J. L. Plummer, Jr. Mayor Xavier L. Suarez 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. 57 January 28, 1988 - - - - - - - -- ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 22. AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE PLAN DESIGNATION OF PROPERTY AT 23-47 NW 32ND PLACE AND 34 NW 32ND COURT. (APPLICANTS: MR. & MRS. M. OJEDA AND R. MAESTREY.) (See label 23.) Mayor Suarez: PZ-13. Mr. Olmedillo: PZ-13 and 14 again are companion items. This is a first reading for a plan amendment and a zoning change. The zoning goes from RG-1/3 to RG-3/6, which is multifamily. Today there is a nursing home existing in the facilities. It is called the Floridean, and it's a legal nonconforming use. The applicant wants to expand... one of the options was to expand up to 25 percent on the nonconforming rule, but that is not sufficient for the applicant to comply with State regulations. The Planning Department considers that the zoning change will be an intrusion into the neighborhood. This is located between 32nd Place and 32nd Court, just north of Flagler Street. The Intrusion would be constituted by lots that are in the brown color, aqua color, in the project that you see up on the screen. The Planning Department did a covenant, which limits an impact and the applicant is ready to present that covenant for you today. The Zoning Board recommended the approval of this Item by 8-0 vote and the Planning Advisory Board recommended for approval by a 9-0 vote. Again, the Planning Department is recommending denial on the basis of an intrusion into the neighborhood. Mayor Suarez: Is there anyone here that wishes to be heard on item PZ-13, other than the applicant, presumably against? Mr. Plummer: Is there anyone here opposed? Mayor Suarez: In favor? You raised your hands in favor? Let the record reflect, I guess, no one has stepped forward to be heard against this item. Mr. Plummer: Mr. Korner, you are the attorney of record? Mr. Robert D. Korner: Yes, Commissioner. Mr. Plummer: You hereby stipulate that everything herein contained, including the covenant is correct? Mr. Korner: Yes, I do, I would like to... Mr. Plummer: I move item PZ-13. Mayor Suarez: So moved. Mr. De Turre: Second. Mayor Suarez: Seconded, any discussion? Read the ordinance. THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY Mr. Plummer: For the record, there is no one here that wishes to speak against 13, 14 or 15, In that correct? Let the record reflect that no one came forward. Mr. Korner: Mr. Commissioner. Mr. Olmedillo: 15 is another item. 13 and 14 are the items. Mayor Suarez: 13 and 14. Counselor, is that what you wanted to state? Mr. Plummer: I'm sorry. 15 is a different Rice. Mayor Suarez: Call the roll on 13. 58 January 28, 1988 AN ORDINANCE ENTITLED- !N ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 23-47 NORTHWEST 32ND PLACE AND 34 NORTHWEST 32ND COURT (MORE PARTICULARLY DESCRIBED HEREIN BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy 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. 23. FIRST READING ORDINANCE: AMEND ZONING ATLAS AT 23-47 NW 32ND PLACE AND 34 NW 32ND COURT. (APPLICANTS: MR. & MRS. M. OJEDA AND R. MAESTREY.) (See label 25.) Mayor Suarez: PZ-14, I entertain a motion on that. Mr. Plummer: So moved. Mr. De Yurre: Second. Mayor Suarez: Moved and seconded. Any... Mr. Plummer: Let the record also reflect that no one wish to come forward and speak on PZ-14. Mayor Suarez: Read the ordinance. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 23-47 NORTHWEST 32 PLACE, AND THE PROPERTY LYING BETWEEN APPROXIMATELY 20 NORTHWEST 32 COURT AND 50 NORTHWEST 32 COURT, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3 GENERAL RESIDENTIAL TO RG-3/6 GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300. THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner De Yurre and was passed on its first reading by title by the following vote: 59 January 28, 1988 AYES: Commissioner Victor be Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ASSENT: None. COMMENTS MADE DURING ROLL CALL: Mr. Plummer: Let the record reflect that Mr. Korner was never as eloquent as he was here today in his presentation, I vote yes. The City Attornsy 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. Rodriguez: Commissioner Plummer. Mr. Plummer: Sir? Mr. Rodriguez: Commissioner Plummer, I believe you mentioned on the record there was a covenant. We don't have any records of any covenants being submitted. Mr. Plummer: Then I stand corrected. I thought I heard someone say about a covenant. Mr. Olmedillo: I did mentioned it because the covenant was discussed with the Planning Department. The covenant is not in the packet, I just spoke to applicant, they... Mr. Plummer: Well, it is subject to the covenant. Of course. Mr. Korner: Commissioner... Mr. Plummer: The covenant is acceptable to the owners? Mr. Olmedillo: From our conversations, yes. Mr. Korner: Yes, it is. Mr. Plummer: And you will supply such? Mr. Korner: Yes, we will, before the next reading. Also, we would appreciate It if this matter could be heard at the next general Commission meeting, rather than wait until the next zoning meeting. Mr. Plummer: You've got an advertising problem. Mr. Maxwell: I think it is taken care of there. sMr. Plummer: What? What In the urgency? Mr. Korner: The urgency is that this project has to be completed by this fall In order to satisfy the Federal regulations, which means we need to pull a permit almost immediately. Mr. Plummer: Can that be done, or not? It is a non -controversial item. He wants to have it heard at the February llth meeting, for second reading, is that possible? Mr. Maxwell: He can do it if he meets the advertising requirements. It's been taken care of. Mr. Rodriguez: Can we meet the advertising requirements, Matty? Mr. Plummer: Can we meet the advertising? She is shaking her head, which way? 60 January 28, 1988 Ms. Hirai: We need a minimum of two days, sending by hand to the newspaper and then, 10 days in between. Mr. Plummer: The answer is no, Counselor. 24. A) RESCHEDULE FIRST COMMISSION MEETING IN FEBRUARY. B) SCHEDULE PUBLIC HEARING ON PROPOSED ISSUANCE OF MASTER DEVELOPMENT ORDER AND INCREMENT ONE DEVELOPMENT ORDER FOR THE OVERTOWN/PARK WEST REDEVELOPMENT AREA. Mr. De Yurre: Mr. Mayor. Mayor Suarez: Commissioner De Yurre. Mr. De Turre: To*, sir, now that we are talking about the February llth meeting, I am going to be heading a group down to Ecuador for the CAMACOL Hemispheric Conference coming up later on this year in September, and it is going to be during the week of the 9th, which would put me out of town for the llth meeting, and I would like at this point in time for the Commission to consider moving the meeting to the 16th, the following Tuesday. Mayor Suarez: That might even solve your problem. The 16th? Mr. De Yurre: That's right. Mr. Korner: Yes, it would. Mayor Suarez: Sounds good to me. Commissioners? Why don't you make that in the form of a motion. Mr. De Yurre: I'd like to move for that. Mr. Dawkins: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roil. Mr. Rodriguez: May I say something? Mayor Suarez: Wait. Mr. Rodriguez: You have already advertised for a meeting of February llth for the Southeast Overtown/Park West to conduct a hearing at 3:30. Mayor Suarez: Ah he. Mr. Dawkins: We'll do it the 12th. Mayor Suarez: Does it... what problem... good point, what problem does it create there? Mr. Dawkins: For the 17th. Mayor Suarez: What problem does it create? Does it simply... Mr. Dawkins: 16th. Mr. Rodriguez: I believe you have to conduct the hearing. Mr. Plummer: You have got to readvertise. Mayor Suarez: It is not an adversarial thing, I mean it's... Mr. Dawkins: Do it the 16th. Mr. Rodriguez: Yes, we have a 60 days notice requirement on DRI's and you have already set up that date for the meeting, of the llth. Mr. Dawkins: One day before, or one day after, we can have the Commission meeting. 61 January 28, 1988 Mr. Rodriguez: You have a 60 days notice requirement that we have already fulfilled, by which we set up that day, and at 3:30 p.m., I believe, was the agenda item. Mayor Suarez: it's not minimum of 60 days. It is 60 days to tell them the exact day in which... do you have any problem, Commissioner De Yurre, if we... and does the rest of the Commission have any problem if we meet on that particular date for only that item? I mean, I don't know... to approve, what Is it, the DRI that is coming before us, or do we have to... Mr. Rodriguez: For SE Overtown/Park West. Mayor Suarez: But is it also extensions of disposition agreements and everything else? Just the DRI? Mr. Rodriguez: DRI for SE Overtown/Park West. Mayor Suarez: I'd have no problem meeting just on that item. I wouldn't want it to be delayed by this, that's for sure. That wouldn't affect you, I don't think, I mean, unless you want to state on the record that you have a problem with the DRI, or... Mr. De Yurre: No, no, we can go ahead with that. Just that... Mayor Suarez: All items except for that? How long would that presentation take, that day? Mr. Rodriguez: If there is no opposition, it should take about one-half hour. Mayor Suarez: OK, meet at 3:30 that day, and spend an hour? Mr. Plummer: Mr. Mayor, is it possible that... Mr. De Yurre, what about if we move the meeting to the 18th? Mr. De Yurre: I have no problem. It is just that... Mayor Suarez: No, that doesn't solve the problem. Mr. Plummer: No, not the individual DRI problem, but rather than meeting on a Tuesday, to meet on the 18th. Mr. De Yurre: I have no problem with that. Mayor Suarez: OK, is that better for you? OK, as to all other items, I have notion to... Mr. Plummer: So moved. Mayor Suarez: ... move back that Commission meeting to the 18th, which is what? Mr. De Yurre: Thursday. Mayor Suarez: Thursday? Moved and seconded, any discussion? Call the roll. 62 January 28, 1968 The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-103 A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION MEETING OF FEBRUARY, 1988 TO TAKE PLACE ON FEBRUARY 16, 1988 COMMENCING AT 9:00 A.M. ON SAID DATE; FURTHER STATING THAT THE CITY COMMISSION'S SCHEDULED PUBLIC HEARING ON ITS CONSIDERATION OF THE QUESTION OF ISSUANCE OF A MASTER DEVELOPMENT ORDER AND ISSUANCE OF AN INCREMENT I DEVELOPMENT ORDER FOR SOUTHEAST OVERTOWN/PARK BEST COMMUNITY REDEVELOPMENT AREA SHALL TAKE PLACE AS SCHEDULED ON FEBRUARY 11, 1988 COMMENCING AT 3:30 P.M. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mayor Suarez: That might help you even more. Mr. Korner: Yes, that will be fine. I am sure we can... 25. DIRECT ADMINISTRATION TO PLACE SECOND READING OF AGENDA ITEM PZ-145 (ATLAS CHANGE OF PROPERTY AT 23-47 NW 32ND PLACE) ON AGENDA FOR FEBRUARY le, 1988. (See label 23.) Mr. Dawkins: Move the agenda. Mr. Plummer: I'll move that the second reading be on the 18th of February, the next sleeting. Mr. De Turre: Second. Mayor Suarez: Moved and seconded. Any discussion? Call the roll. The following motion was introduced by Commissioner Plummer, who moved Its adoption: NOTION NO. 88-104 A MOTION DIRECTING THE ADMINISTRATION AND THE AGENDA OFFICER TO PLACE SECOND READING OF AGENDA ITEM PZ-14 (ZONING ATLAS AMENDMENT TO CHANGE ZONING OF PROPERTY LOCATED AT APPROXIMATELY 23-47 NW 3 PLACE) ON THE AGENDA FOR THE MEETING PRESENTLY SCHEDULED FOR FEBRUARY 18, 1988. Upon being seconded by Commissioner De Yurre, the motion was passed and - adopted by the following vote: 63 January 28, 1988 AYES: Commissioner Victor De Turre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 26. CONTINUE AGENDA ITEM PZ-15 (PROPOSED ZONING ATLAS AMENDMENT OF PROPERTY AT 2785-2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET), AND PZ-16 (APPEAL ZONING BOARD'S DENIAL OF VARIANCE AT 2815 TIGERTAIL AVENUE) PENDING WORKSHOP TO BE HELD CONCERNING POSSIBLE COMPROMISE. Mayor Suarez: PZ-15. Mr. Olmedillo: PZ-15 and 16 are companion items. 15 is an application for zoning change, and let me reflect into the record, that the agenda shows a Planning Advisory Board recommendation. It In a Zoning Board recommendation, and that is a zoning change application and then PZ-16 is an application for a variance in height. What we would like for you to look at is our zoning map. This property is located on Tigertail, just west of 27th Avenue. This is a triangular area, which is all zoned RG-2/5 with SPI-3 overlay. That is the limitation of 40 feet. The application is to take it to a higher intensity. We feel that any changes on that triangle will create pressure on the rest of the triangle, and will move vest of Mary Street. As you can see, Mary Street is just vest of this particular property, so any changes here, will create a domino effect into the rest of the properties. The Planning Department feels that the change of zoning is not appropriate. It is out of character with the area, and it will create pressure for more change, where we don't feel that there is change needed. As far as the height limitation is concerned, the hardship question is not answered by the applicant, and as you know, there are six questions that are asked within the application for a variance, and none of them are in the affirmative by the applicant. The Planning Department has recommended denial on both applications, both for the zoning change and the... Mr. Plummer: What is the height of the building immediately to the east, or to the north? Mr. Olmedillo: I'd like the applicant to answer that, because they own... Mr. Plummer: I'm asking you. Mr. Olmedillo: If you will bear with us, we are getting some pictures here. We are getting some assistance by the neighbors. The one right next to it is shown as three stories high. I would say that is below 40 feet. Mr. Plummer: And the one on the corner? Mr. Olmedillo: That is higher, but that was under 6871, which did not have a cap. Mr. Plummer: My question is, how many stories? Mr. Olmedillo: It In above 40 feet, sir. I cannot appreciate it. It might be five stories higher. Mr. Plummer: It might be seven, eight, or ten? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Olmedillo: Some of the neighbors say that is four stories high. Mr. Plummer: Thank you. Mrs. Kennedy: Let me just ask. I see a lot of proponents here. How many of you are actual tenants? Can you raise your hands? 64 January 28, 1988 0 0 Mayor Suarez: Don't get technical with your questions. Mr. Campbell: Mr. Mayor and Commissioners, if I may, George Campbell, for the record, representing the Department of Public Works. We would agree with the Planning Department's assessment and recommendations on this rezoning. We look at this, by the way, on the whole, on the total package, rather than one or two lots where they want variances for height and so on. This would allow, for instance, in that area, approximately 60 percent increase in the mass of a building that would go in there. Those buildings are now about 30 years old, or close to 30 years old. These is the potential for resale, for redevelopment, which is a clear and present, if you will pardon the -- expression, danger to this area, and we would echo the Planning Department's assessment in that this potential increase in density here, could then be translated across Mary Street, and possibly even northerly, it could go _ down... well, RO-3/6 is a different zoning, but it could go to the west there, and cause some real impacts on the infrastructure, particularly on the roadways, because you are looking at again, 60 percent increase in traffic, _ possibly. Potentially, you are looking at a large increase in the sanitary flow in there, right now, if you remember from the Commodore Bay studies that we made, assuming full build -out at the existing zoning level. We are getting the severs that would be getting really marginal. If this were to continue, then we are going to end up with a situation where we have to go in and rebuild the sanitary sewers and it is not just filling in one block, as you are probably aware. From here, you go out all the way up 27th Avenue, over to 22nd Avenue probably, before you get to the could tie into the intercepter, so _ that would be an absolutely major project, and those sewers are not really that old in there, so that we would respectfully recommend denial of this application. Mayor Suarez: Your first sentence in your recommendation sort of contradicts in tone the rest of the recommendation. You might want to put a "however" in there at some point. You start off by saying: "Proposed change would not be In conflict with Miami Comprehensive Neighborhood plan and would not require an amendment to the plan," and you proceed to tell us all the reasons why we should not approve this, you know. Mr. Olmedillo: Yes, if I may explain, the comprehensive plan... Mayor Suarez: You have to lead off by telling us, I guess, that whether it is In conflict with the comprehensive plan, or not, but... Mr. Olmedillo: Right. The plan has large categories and then the RG/6 and 5 fit within the same category, therefore there is no change. There is no amendment to the comprehensive plan. Mayor Suarez: I just... in reading it, either a separate paragraph, or however, or something, to know that we are heading in the opposite direction after the first sentence. Counselor. Mr. Jack R. Rice: My name is Jack R. Rice, Jr. I am the attorney for the applicant, James G. Robertson, M.D. My address is 2424 NW 1 Street, and I have a cold. I have with me today architect, Hernando Acosta. But, let me tell you how we got here, first of all. On this request on this, was the change of zoning from RG-2/5 to RO-3/6. Now, the reason was, that you could do that without any variances and the buildings on three sides of us were in the height of 60 feet, or in excess of 60 feet. Mayor Suarez: That's what we did with the whole rezoning in the overlay for 27th Avenue, right? Mr. Rice: Right, now the reason... after I appeared before the... we appeared before the Planning... Mayor Suarez: Against my objections but... Mr. Rice:... and Zoning, they raised that question, well, why don't we stay within the RG, because we wouldn't have to change the comprehensive plan, so I went back and we had a set of plans, drawings drawn up, and submitted a variance for this particular lot. Now, the only thing we are changing is the LUI, we are changing it from 5 to 6. Although the LUI in 6 provides for a 1.21 FAR, floor area ratio, our cut off, our breaking point on this one 65 January 28, 1988 building alone, is 1.04, and as you know, on the new 27th Avenue zoning, the... Mayor Suarez: What would the FAR be under our old zoning? Mr. Rice: Much in excess. I don't know exactly, but... Mayor Suarez: I forget. Mr. Olmedillo: The five is .75, the six is 1.21. Mayor Suarez: Under the RO zoning, it would be 1.21?... the same as RG... Mr. Olmedillo: Tea, it goes with the residential, because the RO, is considered the residential zoning. Mayor Suarez: That's is set by the first... that In what you have been trying to explain to we for such time, haven't you? Mr. Rice: Anyhow, after we presented it to through the Planning Board, that was a 3-6 vote, and Mr. Gort said: "Well, this has got to be decided by the Commission," so he voted against this also. Of course, if we had gotten... we could have gotten relief in the Planning Board, we wouldn't had to take an appeal to the variance, and only the zoning, but that would have been Impractical, so I think that is one of the main reasons that we are here before the Commission today on the rezoning. The amendment... we have filed an amendment to the comprehensive plan, but after we filed for our variance, we withdrew the amendment to the comprehensive plan. Now, it gets specifically to the engineering department, the Public Works Department comments as to sewers. If you will notice, this letter to the Commission, it specifically says, as to the building we are going to construct, the sewers are adequate. Now, after he raised that argument before the Planning and Zoning Board, I then spoke to my client and he has agreed and we have given a copy of it to the Legal Department and the Planning Department, which _ covenants that we will not change the existing building, and they are all three story buildings and actually, we could build four stories, if we tore all the buildings down, but that's just not a practical answer to my client's dilemma, so with that, we absolutely submit, for a period of 30 years, that those buildings are going to remain intact, and that there will be no change In the FAR, or will make no change in the building for that particular term, so there can be no change in the requirements for the sewage, for that particular area, because of this covenant running with the land. Now, I am _ going to get, if you all will pass on this first reading, I will consult with the City Attorney's office to see that my covenant is in order. I submitted It. If there are any problems with it, as to the length of the covenant, things like that, I will take it up. Right now the covenant goes on infinitum. One of the problems we have with this site, for these old buildings, we built it under 6871, is that there is not sufficient parking now. Now, at the time we build the buildings, there was parking sufficient to comply with the code, but since the code has been amended, we are now short of parking spaces for the existing building. As you know, one of the big problems in Coconut Grove Is the off-street parking and when we build this new building, what we are going to do, is go down two floors underground, plus the ground floor, and sake that all parking. That will provide us with 76 parking spaces. It only requires 47 parking spaces for the building, so we will have the excess of that parking, will be sufficient to sake the existing structures comply with the present zoning ordinance. In fact, we will have over what is required for the inside tract. Now, the special conditions that apply to lots 40 and 41, which are covered in the code, In the size of the lot. One side of the lot is 101 feet, and the other side of the lot In 215 feet, which makes it a diagonal lot, and it is very difficult to design a building that can fit on that diagonal lot. Now, they don't have the diagonal lot there. All they are showing is their entire tract, so we are rezoning the entire tract. George, do you have the diagonal lot there? INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Rice: Yes, 40 and 41. As you notice, that that is a wedge shaped corner. Now, in order to construct a building on that particular site, we had to make a building that In 81 foot in depth on one side, 80 foot on the other side, and one side In 43 foot, so it is not a square building, because we had to fit that building on that particular diagonal lot. Do you have the lot? Do 66 January 28, 1988 you have a drawing of the lot? By the way, in order that you may follow me... Hernando, would you pass out one of these to each of the Commissioners? If you notice, there is a drawing of the lot. There is also a drawing of the building, schematic of the building, which we will later show you. Now, talking about the buildings in the area, not only do we have a problem with the size of the lot and the configuration of the building, but we also had buildings in the area that were in excess of 60 feet. If you will notice, it is on one of those pages... Mayor Suarez: Jack, this is a very nice rendering here, and... Mr. Rice: We are going to have a rendering on the board there. Mayor Suarez: ... I am not sure that you answer this question. Certainly, in a visual sense, but what would it look like if you were to keep the existing classification?... a little bit smaller than this? Is that... Mr. Rice: We can't build the building on there that will supply the parking and be economically feasible to construct it. In addition, we are surrounded by six story buildings that we should be able to take advantage of. Now, although Mr. Campbell stated that next to this lot is a three story building, that is very true. That's part of the overall zoning. Mayor Suarez: Let me just ask then, if I may interrupt you for a second, what It look like if it didn't have the RG-2/6, instead, the existing zoning classification?... just a little smaller than this? Mr. Olmedillo: the RG-2/5 will be four stories. Mayor Suarez: And this is... Mr. Olmedillo: This is 60 feet, and this is a seven story building. Mayor Suarez: So basically, we are thinking of going four stories to seven stories. Mr. Rice: We are thinking of going from 40 feet to 59.99 feet. The stories really don't really answer the questions. Mayor Suarez: You are saying that is not economically viable. Mr. Rice: It is not economically viable, the size of the building, the size of the lot and the parking problem makes us build a building higher than 40 feet. Now, let me tell you just... Do you have the board or the buildings in the area? Mayor Suarez: We had a discussion earlier on in the afternoon about certain properties that someone had made a commitment to build "X" number of units and they claimed that because they had to go from eight stories to thirteen now, It In going to be more expensive and obviously, it usually works the other way Iaround, but... Mr. Rice: It is not only the expenses, but you have got to have income in 1 order to support what you are going to build there, and one of our problems is the off street parking, which we have to provide. Mayor Suarez: Well, to use your correlation, In the more stories, that presumably, you have a economy to scale and you can build a little cheaper, but sometimes, I guess it doesn't. I don't know. Mr. Rice: Well, not and provide the parking that we need, of 76 parking... Mayor Suarez: Bob, I'm agreeing with you. Mr. Rice: Now, the Grove Square, it is located at 2801 Florida Avenue, is 56 foot in height. The Antoniadis Building, which is directly caddy -corner from the southeast corner of our property, is a six story building. The computer building across the street is in excess of four stories. The Green apartments Immediately to the end, the computer building immediately to the south, or it would be the southeast, known as the Green Apartments, is in excess of 60 feet in height. The Payne Building, which is located on 27th Avenue, In no longer an issue, because when you recently changed 27th Avenue, you changed the 67 January 28, 1988 height limits of 40 feet to 50 feet, so anywhere along 27th Avenue is now a 50 foot limitation, and the FAR has been increased 1.0, which is practically what we are asking for, just a fourth of 100th, of an FAR. in fact, if you take 27th Avenue and say a gateway to Grove it doesn't go down to Sayshore, the Grove is down Tigertail, so when you actually go into the Grove, you come down 27th Avenue, down Tigertail, and then into the Mayfair, so forth and so on. The yacht sales building, although it is a small building that is located _ there, is a RO-2.16. in other words, that's been changed to commercial, so immediately behind us, is a commercial area. The brick building located at corner of Mary and Oak is in excess of 60 feet in height. Nov, the former gas _ station, which is located directly across the street from the Green Building, on Tigertail and 27th Avenue, has an FAR of 1.36, which was rezoned under a PDU by the Commission. Nov, I believe the height limitation in that particular area is seven stories. However, I don't know whether that is still _ the same zoning, because I have read in the paper that they are going to apply for a different zoning classification. Nov, the buildings all along South Bayshore Drive are in excess of 100 feet. Our architect, Mr. Hernando Acosta, made a site measurement of all these buildings and the sizes as contained on that exhibit, that 1 have given to the Commissioners, that height is correct. I'd like to give a copy of this to the City Clerk. I'd like to introduce it as an exhibit. By changing this to RG-2/6 does not change the neighborhood. The neighborhood remains the same. One thing it does, in the particular area, It provides for a much needed apartment complex, that provides for small apartments, studios, and two bedroom apartments... not studios, but one bedroom and two bedroom apartments, which is something that this Grove vastly needs and it is immediately adjacent to the downtown Coconut Grove area. The scale and character of the area will not be changed with the exception of the height and it won't be changed as to 27th Avenue, because the height has — frequently been placed on that area is within the limits that we are asking for under this zoning. Would you explain, Mr. Hernando, the side lot areas and just show them the parking space in your drawing. One of the things is the smaller footprint of this building, because the way we could configure it and which provide quite a side setback. Here, you'd better take this. Mayor Suarez: You need to take the mike, Mr. Acosta. Is this going to be a brief presentation? Mr. Hernando Acosta: Very brief. We can consolidate the entire buildings Into one mass, which will block the air completely, so we are staying on 30 feet on one side, 14 foot on the other side, 38 foot five on the rear, and 31 feet on the front. Mayor Suarez: Do we have any problems with setback? Mr. Olmedillo: Setbacks? No, the area has certain setbacks but we don't have any problems with it. Mayor Suarez: They've met those. Do we have any interests in setbacks? Mr. Olmedillo: Not beyond the ones that the zoning code requires. Mayor Suarez: OK. Mr. Acosta: OK, the only point, is that with the same mass, we could stay probably on the fourth floor but it will occupy the entire site, so by the Increasing of height, we allow more air flowing through. That's the basic point. Mr. Rice: In other words, if we build a four store building there, it would go from side to side and it would completely block the rear. Under the existing building that we propose, or under the building we propose, it would be 30 and 15 feet, besides that, the footprint will be smaller... Mayor Suarez: I see what you're saying, if you were to stay within the existing classification, you would have to get awfully close to all the... Mr. Rice: And on top of that, when you put the parking on the first floor, that makes it all open space, because the footprint of the building is much smaller than it would be if you had a four story building. Dr. Robertson, would you care to make a statement? 66 January 28, 1988 Dr. James Robertson: I'm Dr. James Robertson, the owner of the property. Mr• Rice... Mayor Suarez: Is that mike on, Madam City Clerk? Go ahead, restate your Dame, please, Doctor. Dr. Robertson: Mr. Rice and Mr. Acosta both have worked some two years on this project to try to produce something that could be economically feasible, yet... Mayor Suarez: Do we pick up... excuse me, Doctor. Did we pick up that it is Dr. Robertson speaking, and your address? Dr. Robertson: I'm Dr. James Robertson, I live in the property on the corner of Mary Street and Tigertail, 2655 Tigertail Avenue. Mayor Suarez: You can go ahead and use the regular mike. I just initially wasn't sure that we were picking up what you were saying. Dr. Robertson: Is this better? Thank you, sir. Mayor Suarez: You can move it as close as you want to. Dr. Robertson: I appreciate your suggestion. Thank you very Brach. During the time that I've been working on this, by the time... see, we are assessed per square foot of property, which, if you have a square or rectangular lot, doesn't present any problem, but by the time you run into 101 feet on one side, and 215 on the opposite side, it is virtually impossible to put a building on there that really makes much sense, and come out because you have to... the setbacks won't fit, so this is one of the reasons for it, and this Is a... on Tigertail there is a four way stop street. There is two lights on Tigertail, one at 27th, one at Aviation, and this is not high traffic area. Nobody has any trouble getting out on the traffic area when they need to. In other words, we have properties that are exceeding 60 feet, to the right of us, in front of us, to the side of us, and behind us, and we have other, a mixed zoning of commercial. We have agreed that this not be, that it be residential. There is quite a need for studios and two bedrooms here, and this is all we want to put in there. We are not trying to put any offices here. This is, I feel is as good a plan as we can get that can be economically feasible and I would ask that you please give it your very best discretionary thing on a hardship sort of a case, because the land is not rectangular, and never will be, and to be able to use this and pay your taxes, which we are paying the taxes on the vacant land now we would like to get a little income to pay your taxes. Thank you. Mr. Rice: I'd like to ask Mr. Hernando... Mr. Hernando, have you made a study as to the feasibility of this building and if you could build any other structure other than this, and provide the amenities and the parking? Mr. Acosta: As far as the it may change. The numbers, yes, we will would give it careful study and when we got even the advise from Planning Department, to go, to change the LUI, we are not utilizing the entire potential that we have. We are only using exactly the amount of FAR needed, the breaking point of economical 'success. We are not... we could use, you know, another 15,000 square feet and we will be under the LUI 6, but now we are using only the exact amount of the square footage needed to make it on the black rather than on the red. That's all. Mr. Rice: Can I have some rebuttal, after they're through, or are they going to say anything. Mayor Suarez: Rebuttal? You are anticipating rebuttal. Can I ask who all of Dr. Robertson's followers are, or supporters? This In a vacant lot we have got here. Why do we have so many people in favor? This gets to be a trend. We had another item earlier today, we had a lot of supporters too. Mr. Rice: Well, there is no opposition of any consequence except the Tigertail Association, the way I understood it. Mayor Suarez: No, I just find it interesting. I mean, are these people from the neighborhood? They are not... 69 January 28, 1988 s =a Mr. Rice: They live in the neighborhood. Mayor Suarez: Do they rent from him, or...? Mr. Rice: I don't know what they do. Mr. De Yurre: They are not patients, are they? Mayor Suarez: They have been patient, I guess! tonight. Dr. Robertson: They are all part of my family. We've all been patient here Mayor Suarez: It seems like you have an extended family. I'll tell you, you sound like a political force to be reckoned with, if you can get these many people, just to support. Mr. Rice: I respectfully request... Mayor Suarez: You do have time for rebuttal. Mr. Rice: All right. Mayor Suarez: OK, we are going to hear from Tigertail? Mr. Barry Feldman: My name is Barry Feldman, I am here on behalf of Tigertail, and the Coconut Grove Civic Club tonight. We appeared before the Planning Advisory Board and the Zoning Board on this matter, and... Mayor Suarez: Coconut Grove Civic Club? Where is Tucker Gibbs? Mr. Feldman: He is in the back. Mayor Suarez: He is waiting? Mr. Feldman: He must be in the back having dinner, or something. Mayor Suarez: Abdicating power, is he? Go ahead. Mr. Feldman: First of all, I'd like to comment, the underlying zoning for this block, was considered during the SW 27th Avenue study, which was, as you know, a long drawn out study with a lot of input from the community, and the study recommended that the zoning for this particular block stay the way it Is, because of its residential nature. It's also interesting to note that the application here covers the entire 10 blocks that are shown here, which is almost half this triangular piece of land, where in fact, the applicant really wishes to build only on number 40 and 41, as I understand it, which is a small percentage of this total triangular area. If in fact, the variance is granted here, what is going to happen is that the adjacent properties will most likely be able to request the same type of consideration, and you will have an entire large block of land rezoned for a much higher density, approximately 70 percent more than what we have now. The 70 percent increase in density concerned us because of the reasons that were stated by Public Works and the Planning Department, traffic, sanitary sever, water supply, you have heard all of that before. Mr. Plummer: It can't be the same reasons, because they use 60 percent, and you are using 70 percent. Mr. Feldman: I'm using the number that they gave us at the Planning Advisory Board meeting and the zoning meeting, so I am not... Mr. Plummer: Why did you give him 70 percent, and us 60 percent. If we go to another meeting, will it be 50 percent?... maybe 80. Mr. Feldman: Anyway, I saw that number 70 written in the files somewhere, no, that is the one I was using. It may, in fact be different. Os, the public, what can we do but just read the notes? With the SPI-17 district recently put in place, we have a 50 foot height limit along 27th Avenue and we feel that the 60 foot limit would probably be a little bit excessive. However, Tigertail and the Civic Club are interested in improvements in the Grove, and 70 January 28, 1988 we would like to see this lot turned into a pretty looking structure, such as the one that was presented on the rendering. However, we feel that there are various alternatives to the application which will alleviate the parking problems for the two existing buildings that Dr. Robertson owns, that flank the two empty lots on either side of these lots. They could request a height variance without requesting a change in the intensity, or the zoning. This height variance would allow them to build whatever additional stories they needed for parking. They claim if they build additional stories for parking, then it is not economically feasible, so they have got to have more FAR. Well, perhaps they should request a variance for the amount of FAR they need, the amount they need for the project, which they claim is not as much as RG- 2/6, which they are requesting, perhaps a 25 percent increase in FAR, which could be granted by special exception, should be something they could consider. Mr. Plummer: But the problem that I heard somewhere, I think from Mr. Rice, was legally they can't do that. That's what they wanted to do, but legally they can't apply for it, In that correct? Mr. Feldman: That was not my understanding. Mr. Olmedillo: They cannot apply for it because the sector number is 121, but they can certainly proffer it as a voluntary covenant, to limit... Mr. Plummer: Yes, but you see, the fear of the residents is, that if we grant It, that they would go to that extreme. Mr. Olmedillo: Right. Nov... Mr. Plummer: Now, what you are saying... what he is saying, is exactly what Mr. Rice explained to me before - that they didn't want to go to this higher classification, that they were willing to bind themselves to the 104, asking for a height, and to the 104, he says that he feels that they would be agreeable, but there was no legal way that they could do such. _ Mr. Olmedillo: Yes, the application... not in the application, but certainly, we have done it in other cases, through voluntary covenants, proffered by the applicants. Mr. Rice: We can't get our FAR to 104 and the height, without doing this, getting to two six. Mr. Feldman: I still don't understand why it is necessary to rezone it, half of an entire block, in order to build a small building between two existing buildings that could use a little better parking. Mr. Rice: Well that... Mr. Plummer: Well, let me ask a question of the department. Help me out here, because I am losing something, and I don't know where I am losing. If we were to grant... Mayor Suarez: We are all wondering about that) Mr. Dawkins: You lost it yesterday. Mr. Plummer: I want to remind you of November 3rd last year. I did not lose, I was the only one that won in the primary by 65 percent. Now, if that is a loser, that is the kind I always want to bel If we were to rezone to the RO... is that what they are requesting? Mr. Olmedillo: No, they are requesting RG, which is residential. Mr. Plummer: RG-2/67 Mr. Olmedillo: Six, right. Mr. Plummer: OK. Am I understanding that if we were to grant that with a covenant from them, of 1.04, and the height variance, that everybody would be in accord, is that what we are talking about? 71 January 28, 1988 Mr. Olmedillo: You may do so through the covenant. You may limit him to the covenant. Mr. Plummer: But, representing Tigertail, is that what you are saying? Am I understanding correctly? Mr. Feldman: We are very concerned about this corner eventually becoming a very large burden on this corner of 27th and Tigertail. Mr. Plummer: Wait, but you are getting around what I am trying to accomplish... maybe trying to accomplish. Mr. Feldman: Let me finish the sentence. Mr. Plummer: All right. Mr. Feldman: And we, although, would be happy with the covenant which restricts the use, the height, and the intensity and whatever else he wants, I don't think that he would be willing to give us a covenant that the building could never be torn down, some kind of irrevocable covenant. Mr. Plummer: Well, he said he would for 30 years. Mr. Rice: I'm going to do that. Mr. Plummer: Well, but the question I am asking, he is requesting a 1.04 and 59 feet, is that correct? Mr. Rice: No, no. Mr. Plummer: Now, are you saying on behalf of the Tigertail Association, if he could be legally bound by a voluntary covenant to the 59 feet, 1.04, and guaranteed that none of the buildings would be torn down for 30 years, that you would be in accord? Mr. Feldman: I personally would not be able to. I can't speak to that right now, because I would have to go back and discuss it with the board of those organizations. However, we are opposed to the height of 59 feet. We feel the 50 foot height, which is the new zoning on 27th Avenue is sufficient. We feel that if he wants to provide extra parking, he should do so, but he doesn't need to increase his FAR in order to do it, he is going to give his existing properties increased value, which In good, and alleviate a parking situation, but just because the zoning regulations and building regulations, were such at the time that those Banyon I and II were built, it didn't require enough parking, and that's no reason why you shouldn't have provided it back then. Mr. Plummer: So, then, what I am understanding you, correct me if I misunderstood, you - the area of discrepancy between what they want to do and what you feel is fair, is 9 feet, is that... am I in... that's not correct. Mr. Feldman: No, what I am... the area of discrepancy which concerns Tigertail and Civic Club very such, is the fact that we will have half of an entire block rezoned for RG-2/6, which is 60 or 70 percent, take your pick, Increase in intensity, whether it is used or not, sets a precedent for other landowners coming in and requesting the same type of consideration, Independent of voluntarily proffered covenants, and this domino affect is something that Tigartail and Civic Club are very much concerned about, and the ruin reason for opposition and it is why if there is any possible legal way for his to request height variance and intensity variance, without changing the underlying zoning would be the direction that we would like to see done. Mr. Plummer: And the City Attorney is saying that that is not legally possible. What sayth the City Attorney?... the very learned counsel in high price? Mrs. Dougherty: Thank you. You can always get height variance and you can get an FAR variance. Mr. Plummer: On the present zoning? Mr. Rodriguez: You can get a height variance. You cannot get a FAR variance. An FAR variance In a change of zoning. A height variance you can get. 72 January 28, 1988 Mr. Plummer: Are we not by our ovn code, defeating the purpose of what we are trying to accomplish? Mr. Rodriguez: What do you mean? Mr. Plummer: Don't we pay... Mayor Suarez: What are you trying to accomplish? Mr. Rodriguez: Right, I don't know! Mr. Plummer: No, what is trying to be accomplished, you have heard the comments. Mrs. Dougherty: Not to have a precedent. Mr. Plummer: The question I guess I am really asking, does the ordinance need changing? Mr. Rodriguez: I don't think so. Mrs. Kennedy: OK, but if I can say something. There concern, the way I see It is that by granting the RG-2/6 zoning, you establish a precedent and eventually the whole triangle In going to be changed. Mr. Plummer: I fully understand that, Rosario. The problem that I am seeing Is that they really don't want an RG-2/6... boy, I'll be glad when they change that 95001 Mayor Suarez: They could have come and just ask for a height variance, or they could have come and just asked for a change to the zoning, such as.. Mr. Plummer: No, they are saying... Mayor Suarez: ..o to obtain a different FAR, but they have asked for those two things, plus a couple of other things. Mr. Rice: You can't get a variance to both of those. Mr. Plummer: That's the problem. Mr. Rodriguez: Right, you can get a change of zoning, you can get a variance for height, or for setbacks, or whatever. The problem over here is that they have asked for a change of zoning for a whole number of lots. They are asking for a height variance of two lots only. Mr. Plummer: Well, what happens if we don't give them, on the other lots, where the present apartments are?... that if we only change the two lots in question, with a covenant volunteered, no more than 1.04, and the 59, or 50 feet? Is that possible? Mayor Suarez: Just for the two lots. Mr. Plummer: Just for the two lots. Mr. Rodriguez: You could do that. Mr. Plummmer: Well, wait a minute now, don't laugh when you say that. Give me your explanation why that is. Mr. Rodriguez: They could do it. Mr. Plummer: OK, then, I guess I want to ask Mr. Rice why their application Is not in that form.. Mr. Rice: The two lots will not give us the FAR. Mr. Plummer: But you can get a variance on FAR. Mr. Rodriguez: No, you cannot get a variance on FAR. Let me try again. 73 January 28, 1988 Mr. Plummer: Oh, I see. Wait a minute, wait a minute. Mayor Suarez: Can they get an RG-2/6, with those limitations the Commissioner Is proposing? Mr. Rodriguez: Sure, those two lots, they could apply for it. Mr. Plummer: OK, if you got just the RG-2/6, on those two lots, then it is said that you can give a covenant, that they will not exceed the 1.04, or the 59, or SO feet. Mr. Rice: I don't think they can give us a... I'll, you know, go with what he says, but I don't think they can give us the 1.04 on just the two lots, because of the FAR, but maybe Guillermo could answer that. Mr. Rodriguez: Ve will recommend against it, anyhow, but they could proffer a Covenant by which they voluntarily limit themselves to 1.04 on those two lots, and you can go against the recommendation or change the zoning for the rest of the lots. Mr. Rice: I am giving a covenant for just what you are asking for. Mr. Plummer: Vell, I... here again as I see it, we are getting back to 9 feet. Mr. Feldman: Well, I think there is also another factor which I was not aware of until I just saw this rendering. The footprints of this new building is very small, and I think that perhaps if they were working on another footprint, which is not limited by the setbacks the way it is now, that they night be able to scale down by a few feet on this. Mr. Rice: Ve need the parking. Coconut Grove is in dire need of parking, I man, there is no parking in Coconut Grove. Mr. Feldman: I don't understand the connection, though, between a larger footprint and less parking. Mr. Plummer: Vell, he is talking about, I guess... he is talking, you mean, undercover, and not undercover is what he is saying. Mr. Feldman: If he has got two or three floors of parking now, and it is making the building 59 feet, and it is only using the small footprint, if he makes the footprint bigger, maybe he could get away with two floors of parking. You know, some creative architecture might... Mr. Plummer: You know, I just don't see you all that far apart. I really don't. Mr. Feldman: I don't think we are that far apart. Mr. Plummer: Now, it is just a matter, what is the proper vehicle to travel under, to accomplish where we are. Mr. Feldman: Tigertall and Civic Club feel that a change in the underlying M• zoning is not the proper vehicle. We certainly are open to exploring other alternatives and would like to see the lots developed with an attractive residential use. Mr. Plummer: Sergio, how do we go about it? Mr. Rodriguez: Well, it depends on whether you want to agree to a change of zoning. If you want to agree to a change of zoning, on this property, and you only want to agree to the vacant parcel, the application is for the whole... all these parcels. Mr. Plummer: That's out. Mr. Rodriguez: And you can decide that instead of granting the whole application, to grant only the zoning for the two lots. In my opinion, you might have to get legal counsel here. That would be... the application would be correct, because they included the whole area, so it is a large area, and then, if they further themselves define that in the covenant, that they are 74 January 28, 1988 m going to reduce the FAR to a smaller amount, whatever that might be, that would take care of the toning itself. Nov, that, if they leave an area around the property of one foot, or whatever it is, so that there will be no domino effect on the rest of the properties... only for the two lots, the two lots in question, are lots number 40 and 41 of that block. In addition to that, they have another application. The other application is for height variance. It's another issue over there, whether you want to allow that high a building or not. You can decide on that issue by itself, which is the next item, item 16. Mayor Suarez: If it helps you any, to try to determine what the consensus might be, so you don't try to propose anything too complex, I could tell you that these are the nicest people I am going to vote against today, regardless of how they propose it. I mean, I just don't see why you are going through all these gyrations. You might want to check to see if you have three votes here for... Mr. Plummer: Mr. Mayor, I was only trying to see if there was a vehicle that... I sensed an area of compromise, OK?... and that's sure... Mayor Suarez: But, I just don't see why they don't build what they can build within the existing zoning envelope, and... for my vote. Ms. Georgene Wall: Well, I own property... my name is Georgene Well. Commissioners, good evening. I own property at 3226 Mary Street. First of all, many of the property owners within the 375 radius did not receive any notice of this hearing. I have the names of several, and I might... Mayor Suarez: That's another reason for throwing this back to the staff and so on, in case there is a possibility of this... Mrs. Kennedy: Sergio, what's the answer to that? Mr. Rodriguez: Let me get Mrs. Fox. Ms. Wall: Yes, we did not... I have the names of four or five people that did not. I received the notice, but did not receive a comment card, so that's why I came down myself, and then... Mayor Suarez: Are we to understand that you are basically going to be opposing this? Ms. Wall: Yes, the Zoning Board, of course as you know, voted for denial, and zoning for the sole benefit of one owner, regardless of how much he owns, conceptually, I have to consider it spot zoning, and spot zoning is not supposed to be permitted. If Dr. Robertson gets his zoning changed, I want my zoning changed. Mayor Suarez: Even if he is a nice man. Ms. Wall: Yes. He is a very nice person. He has a we think a great deal of him, we get along very well. Dr. Robertson is... Mayor Suarez: And has many followers. Ms. Wall: He is presently operating within the same framework, and under the same hard... Mrs. Kennedy: But you are a nice person too, right? Ms. Wall: He is presently operating under the same framework and under the = same hardships and handicaps that all of us in the immediate area must adhere to. To give relief to one is unfair. To conduct an adequate study of the area and grant relief where necessary and approvable, I applaud your efforts. May I also suggest that any studies be interrelated with the current studies under way for solving traffic problems and congestion in the Grove, because the subject property's ingress and egress would be just about on the corner of Mary and Tigertall. Mayor Suarez: Let's see if following your initial point, we can get a solution here, because you are really heading us in a direction of maybe for procedural reasons, revisiting this at some later point, assuming that there is a Commission's consensus that this could ever pass. 75 January 28, 1988 Mr. De Yurre: Mr. Mayor, if I may, because we have a lot of items and I am not ready to vote on this. I think that there is an air, like J.L. was mentioning, of maybe working something out. Maybe the technicalities have to be worked out... Ms. Wall: All right, well here... Mr. De Yurre: ... and I would like, at this point in time, I'd like to have this item deferred so that both parties can get together with staff and see how we can work it out so that everybody can walk away happy, or you know, in a way that everybody can live with this situation, I'd like to move on that. Ms. Wall: I just wanted to make one more suggestion, is that I have worked with several triangular pieces of property within the City of Miami, and I have made a reasonable profit on these. I have worked, I have had the proper architects and I have come up with really, some tremendous designs, which I would be happy to share with him. Mr. De Yurre: Well, maybe you will buy the property from them. Ms. Wall: I am perfectly willing to. Mayor Suarez: For free, right, you'd share all that wealth of information. Ms. Wall: No, I can develop it for a reasonable profit, not for tremendous height and take in some partners. Yes, I could do it feasibly, and you are really charged, as Commissioners, you are charged with the obligation of acting in the best interest of the good and welfare of the community at large, _ and we are all working under these handicaps. If you grant him zoning, we should all be rezoned. Thank you. Mayor Suarez: That is a nice philosophical statement, but we are trying to solve this procedurally here. Mrs. Kennedy: If that is in the form of a motion, I am going to second because there is no way that I can vote for this, even though I like Mr. Acosta's work, this is right smack in the middle of a residential area. It would only inject more traffic into the area, so if there is a solution that can be worked out, so be it. Mayor Suarez: We have a motion and a second. Any discussion? Mr. Plummer: Mr. Mayor. Mayor Suarez: Yes, Commissioner Plummer. Mr. Plummer: I will vote of course, with the motion, but I would like to see that the Planning Department calls a meeting of all parties concerned, prior to the next zoning hearing on February 25th, to see if there is a possible area of compromise. Mayor Suarez: That's an interesting way to do it. Why not, Sergio? Mr. Rodriguez: If I may, let us do it now that we have the involved parties over here, establish a date certain so that we don't have to send out notification. Mr. Plummer: You set a date, you're the one that's going to have the meeting. You. Mayor Suarez: Guiller... Mr. Olmedillo: Flow about February the loth? Mr. Plummer: What time? Mr. Rodriguez: It's a Wednesday... Ms. Wall: I won't be here, I'll be out of town. Mr. Plummer: Try another date. 76 January 28, 1988 Mr. Rodriguez: You have a problem with that? Mr. Plummer: Yes, this lady can't make it, she'll be out of town. Ms. Vail: Yes, I'll be out of town. I'll be out of town till the... I'll be back on the lSth. Mr. Rodriguez: February... Mr. Plummer: Vhat about before? Ms. Vail: Pardon me? Mr. Plummer: Vhat about prior to? Ms. Vail: Prior to - I'll be here until the 6th of February. Prior time. Mr. Plummer: Vhy don't you hold it next Thursday night? You have nothing here. Mr. Rodriguez: February the 4th. Mr. Rice: Mr. Commissioner, I have to be in Tallahassee the evening of February 4th for the legislative committee meeting. Mr. Dawkins: Vell, what's convenient for you then? Mr. Plummer: I'll be there with you, Jack. Mr. Dawkins: If it's not cold, I'll be there. If it's cold, I won't be there. Mr. Rice: I don't blame you. Mr. Plummer: All right... Mr. Dawkins: Vell, what's convenient to you, Jack? Mr. Plummer: Vhen will you be back? Mr. Rice I'm on the committee. Ms. Vail: I'll be back on the 15th. Mr. Plummer: So... Mr. Dawkins: I mean, what was convenient for you for the meeting, I'm saying. Mr. Rice: Oh, anytime but those... Mayor Suarez: Ve are going to move to defer this item and leave you to work out the data. We're not going to spend all night here trying to work out a date. Mr. Dawkins (OFF MIKE): Veil, let's get it settled up. Mr. Rodriguez: Volvo going to have a workshop on the 16th at 7:00 p.m. here, City Hall. Mr. Dawkins: OK, that's good. Mr. Plummer: There you go. Mayor Suarez: OK. It's the best we can do. Mr. Plummer: A man of decision. Mr. Rice: OK, that's good. Ms. Vail (OFF MIKE): 16th and the 17th? 77 January 28, 1988 Mayor Suarez: So moved and seconded. Any discussion? Call the roll. Mr. Rice: That's Saturday? Mr. Rodriguez: No. Mr. Plummer: No, Tuesday. Mr. Rice: Oh, oh. Mayor Suarez: Call the roll. Mr. Plummer: Tuesday, the 16th of February. The following motion was introduced by Commissioner De Yurre, who moved Its adoption: MOTION NO. 88-105 A MOTION TO CONTINUE AGENDA ITEMS PZ-15 AND PZ-16 (PROPOSED FIRST READING ORDINANCE ON ZONING ATLAS AMENDMENT OF PROPERTY LOCATED AT APPROXIMATELY 2785- 2855 TIGERTAIL AVENUE AND 3241-3299 MARY STREET AND PROPOSED FIRST READING ORDINANCE APPEAL ZONING BOARD DENIAL OF VARIANCE AT 2815 TIGERTAIL AVENUE) IN ORDER THAT THE PLANNING DEPARTMENT MAY CALL A WORKSHOP ON FEBRUARY 16, 1988 AT 7:00 P.M. AT CITY HALL OF ALL PARTIES CONCERNED TO SEE WHETHER THEY CAN FIND AN AREA OF POSSIBLE COMPROMISE; FURTHER REQUESTING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION. Upon being seconded by Commissioner Kennedy, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Plummer: That's 15 and 16, right? Mrs. Kennedy: What? Mayor Suarez: We're skipping the Planning Department items for a few minutes later... Mr. Rodriguez: Excuse me. Mayor Suarez: ... to item 21 and we're quickly getting to 24. Mr. Rodriguez: Fifteen and 16 were continued to the 25th. Mayor Suarez: You got it. 78 January 28, 1988 27. GRANT REQUEST FOR AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS TO PERMIT A SURFACE PARKING LOT AT 2230-2240 S.W. 16TH STREET. (APPLICANT: GREENBERG, TRAURIG, ET AL.) Mayor Suarez: Twenty-one. Mr. Olmedillo: Twenty-one is an application to amend a covenant existing on property which is located - bear with me for a second - on 22nd Avenue, S.W. 22nd Avenue and 16th Street. In page 12 of the packet, you will find a memo sent by the Planning Department expressing the opinion and I, for the record, will read it. The Planning Department recommends denial of the application by Jamajo Corporation to amend the existing restrictive covenant filed in 1984 in conjunction with the Commission's consideration of rezoning their property, to potentially permit a commercial parking lot in a residential district because It would intrude into a stable neighborhood which will then be forced to struggle against a pressure for change. Originally, this applicant had filed an application to rezone two lots fronting on 22nd Avenue, plus three lots fronting on 16th. And, through conversations, the agreement was reached and that's the reason for the covenant that the two lots into the neighborhood, the farthest from 22nd Avenue, were to remain of residential use. Now, the application as it is today before you is to amend that covenant, that restrictive covenant to use those two lots for commercial parking. That is parking for commercial activity which is fronting on 22nd Avenue. The Planning Department has recommended denial of this amendment. Al Cardenas, Esq.: Thank you. Mr. Mayor, members of the Commission, my name Is Al Cardenas, I'm here, 1401 Brickell Avenue. I'm here on behalf of Jemajo Corporation and its owners who are here with me this evening. Also here, are a number of neighbors and let, may I add, that unfortunately eight or ten of the neighbors who were here earlier left because of a time limitation but we still have six or seven of them here this evening. Let me, if I can, refresh your recollection as to what transpired at the last hearing. At the last hearing and why we're here - we're not here seeking a special exception or a review of a Zoning Board decision relative to a special exception. We're here requesting that you permit us to add a sentence to the restrictions, especially item G of the restrictions which states the following: "That the use of lots four and five shall be for residential purposes only. We wish for that to remain and we wish for the following sentence to be added to it, that the use of lots four and five shall be limited to those transitional uses permitted by special exception pursuant to the City of Miami's zoning code. What that really we're seeking from you is a clarification that it's allowable to do what's allowed in every other residentially zoned piece of property and that is to go on the merits of the case to the Zoning Board for a special exception. Nov, the Zoning Board could either deny it, they could approve it, we could come back to you on the merits of the case on an appeal of it. At any rate, we were here last time and Commissioner Dawkins expressed rather strongly his reservations on it because he stated that when this whole thing was negotiated, it was negotiated as a binding deal really and justifiably so with the neighbors in the area. And why should we change something that the neighborhood had agreed upon and we agreed to live up to at the time that we had the zoning change. And because of that, he strongly felt that we should not touch this covenant. What I did at that time was request this Commission to provide us the opportunity to not make a decision at that time, but to come back to the neighborhood since apparently it was those neighbors that these restrictions were really bargained with and for. We did that at your suggestion and request, we had a meeting this past Monday that was attended by approximately 17 of the neighbors. Mayor Suarez: Are they here? Are they here, Al? Mr. Cardenas: Quite a few of them are. At that meeting... Mayor Suarez: Could you raise your hand if you're here on item 21? Are these people in favor? Mr. Cardenas: Yes, sir. 79 January 28, 1988 Mayor Suarez: Do we have anyone who is here against the granting of the application of PZ-21? Mr. Cardenas: Tea, sir, there's one gentleman. We met with about seven. Mayor Suarez: Were you involved in the meetings and so on? Mr. Robert Poller (OFF MIKE): No, I wasn't notified. Mr. Cardenas: No, the - his mother, I believe, was at the meeting. He does not live in the neighborhood but I think he came here on behalf of his mother. His mother, apparently it's not convenient for her to travel here, although she was at the meeting and she expressed that she still opposed the plan and I believe the gentleman is going to come here to restate his mother's position. However, ninety - whatever formula applies to it - 95 percent of the neighbors present at the meting are in favor of the plan. They're neighbors who live In the immediate neighborhood and, therefore, we feel that since this was done for the neighbors, the neighbors have actually come up with a position. And that position is, that there's additional parking needed for the shopping center. They agree with the owner. It gets too crowded, there's not enough parking, we don't want cars parked off the street and people crossing the street to come to the center which has become a popular center and, therefore, we feel that it's appropriate to have, not a rezoning, but to have the opportunity to go to the Zoning Board on the merits of a request for a special exception and this is the first stop in order to do that. We feel that the special exception, when taken through the process, will provide for a better planned center with additional parking for safety and public welfare of the neighborhood and, frankly, 95 percent of the neighbors or more, there's only one objector that I know of, think it's also a good idea. And I'd for you to hear from a couple of them if you might. Mayor Suarez: I can tell you for myself, one time I parked my car out there and, sure enough, it was hit. The parking situation there has been bad for many, many years. Mr. Cardenas: If I can, I'd like to call on Mr. Luis Cardet to... yes, Mr. Cardet. Mayor Suarez (OFF AND ON MIKE): No, no, I'm ready to vote. Do you want to hear from the objector? May not need to hear from the applicant, instead we may want to reserve him for rebuttal just in case and hear from the objector. Al? Mr. Cardenas: OK. Mayor Suarez: My suggestion. Sir. I'm hearing that the Commissioner is ready to vote and I'm ready to vote on this too, but we want to hear from the objector. Mr. De Yurre: Mr. Mayor, first before we move on... Mayor Suarez: Yes, Commissioner. Mr. De Yurre: ... I think there are a lot of residents here that may be here because of the study in Coconut Grove, the MacDonald Street. Is that twenty - no, I think 24 In - Exxon is 24. Mr. Dawkins (OFF MIKE): Twenty-four or 26. Twenty-six, twenty-six. Mr. De Yurre: If we're going to wrap up at 9:00 o'clock, we may never get to that with Exxon coming. Mr. Dawkins: Oh, no, we're going to get to that. Mr. Plummer: I have to leave at 9:00. Mr. De Yurre: We're going to go to that? Mr. Dawkins: Yes. Mr. De Yurre: I just want to make sure that... 80 January 28, 1988 Mr. Dawkins: See, we got 24 and 26 next..... Mayor Suarez: Yes, we should be able to get through 24 and 26 if we finish this one quickly. Go ahead. Mr. Dawkins (OFF MIKE): That's what I'm saying, I'm ready to vote. Mr. Robert Poller: Did I hear you say that you're ready to vote on it? On this? Mr. Dawkins: Go right ahead. Mayor Suarez: Yes, but we have to hear. For myself, I'm ready to vote and since I'm ready to vote in favor, I want to make sure I hear from the objector. Mr. Poller: My name is Bob Poller. My mother lives in the house at 2260 S.W. 16th Street. I own it with my sister. The lady that was at the meeting was Mrs. 8uckberger who is the lady next door to the house. I feel that I do not, In any way, feel that the City Commission here should permit a special exception or what I can't understand is this clarification. What I understand is that house is going to be turned - will be pulled down, torn down and a parking lot is going to be made there and I've listened to you ladies and gentlemen all evening talk about spot toning and turning things like Mr. De Yurre said, into the process of dominos in an orderly fashion. I think you have to do one thing here. I think you have to stop it where it is right now. I think the City Commission made a mistake in the past and to continue the mistake with a group of people here who feel that house is not going to be turned down, is a mistake. I talked to the lady who was at the meeting and she walked out of the meeting because they were telling her that house was not going to be pulled down and that there was just going to be some areas out there for parking. I think there's misunderstanding and confusion and I have that in my notes before even hearing it from Mr. Cardenas. So, if you vote for it, I think you're perpetuating a problem that started even before you started putting your machinery on that lot many years ago. Thank you. Mr. Plummer: That was not your statements at the last meeting as I recall. Mr. Cardenas: That's right. Mr. Plummer: Your concern, at the last meeting was for the protection of your mother's property and, of course, we all appreciate those points. I very much recall you say you didn't know whether you were in favor or in objection at the last meeting. Mr. Poller: I see a path here that's being taken that I don't feel very good about, Mr. sixty-five percent. Mr. Plummer: Thank you. Mr. Poller: What's going to happen here is... Mr. Plummer: I've always done better in the past, but I'll settle for 65. Mr. Poller: What's going to happen here is what happened on N.W. 14th Street and I mentioned this before the first time, Mr. Perez owns the property at the other end of the street. I'm not blind, I see what's happening. Either rezone the whole block or stop it right where it is before. My last position Is, you know, let them go, build a barrier, he's had a lot of practice building walls, here's another opportunity and I've turned a little stronger right now because that whole block is going to become something else. And you have no plans for it, there is no way to protect my mother, there's no way to protect the people that want to live in houses there as a residential area and I think by voting for it, Mr. Mayor, what you're doing is preventing a lot of things happening that there's no plans for right now. Mr. Plummer: Question, sir. Mr. Poller: Yes, sir. Mr. Plummer: As you know, on the initial application, I voted against it. 81 January 28, 1986 Mr. Poller: It's... Mr. Plummer: You will recall that. OK? That is not the question before us today. Would you say that there is, because, in fact it is there, over my vote, a parking problem? Mr. Poller: The Mayor said that his car was hit there. Mr. Plummer: Yes, but he doesn't know how to drive... Mr. Poller: I know, it's... Mr. Plummer: ... that's beside the point. Mayor Suarez: It was parked. Mr. Poller: The parking problem has only come about since that center's been In there. Mr. Plummer: That's not my question. My question, in reality, it's there. Is there a parking problem? _ Mr. Poller: I deny that because 16th Street, there are 24 or 25 spaces in that lot. I went out and counted - in that shopping center. I went out and counted them. If you tell the owners of the store or renters of the stores "Hey, guys, park down the street so customers can park in here," you're going to have lots of room. What you have is everyone who owns their Mercedes and owns a store wants to look at it. That whole street is empty. Every house there has a driveway in it. Go down it, you're there all the time. They use the driveway. There's a street empty... Mr. Plummer: So, you're saying, for the record that to the best of your knowledge, there is no parking problem. Mr. Poller: Absolutely. Mayor Suarez: There's no Mercedes parking problem, I'll tell you that. I haven't seen one there since I've been living in that area for 13 years. Mr. Cardenas: Mr. Mayor, if I could, there are a couple of neighbors here who were at the meeting, they saw the site plan, they realized the homes are not going to be there, rather be provided for parking and they also have a different perspective on the parking situation and I'd like for them on the record, sir. Mayor Suarez: At your own risk. Mr. Cardenas: Well, OK. I don't think that - just want to mention it, Mr. Cardet, Mr. Gonzalez and the others are here and they're willing to say something. Mr. Plummer: It's not that important. You'd better save it for the dog track. Mr. De Turre: Too. Mr. Cardenas: OK. Mayor Suarez: I'll entertain a motion on PZ-21. Mr. De Yurre: I move, Mr. Mayor. Mr. Plummer: Let me understand correctly. What we're actually doing today... Mayor Suarez: Let me just second it for the record. Mr. Plummer: Excuse me? Mayor Suarez: I'll second it just so we have a motion and a second. Mr. Plummer: What we're doing, in fact, today is nothing more than allow them to go through a process of hearings to establish yes or no. 82 January 28, 1988 Mr. Rodriguez: Right. Mr. Plummer: OK, thank you. Mr. Poller: What is the clarification? I've heard Al use that two or three times. He's saying, I do not want... Mr. Plummer: What he's basically doing is asking us today to lift the covenant to allow them to have a hearing. OK? The hearing would be the normal procedure for the parking situation for a transitional use. We are not approving anything other than that today. I'm going to vote for that... Mr. Poller: OK, Mr. Plum... Mr. Plummer: ... because that has to go through public hearings and back to this Commission. Mr. Poller: May I request that before you vote to do so that you tie in that other part of the covenant, it's a restrictive covenant that prevents Mr. Perez from building a wall. Then I want that also lifted. Mr. Plummer: That's not appropriate today. Mrs. Kennedy: Not at this point. Mayor Suarez: Yes, why don't we leave that for the... Mr. Plummer: You will do that at the public hearings. Mr. Poller: Because that's my second line of defense. Mr. Plummer: OK, that will be about - assuming that this is going to pass to allow them to go to the hearings that they're requesting, that is when that will be addressed. Mr. Poller: OK, could you find out if at that meeting, the people were told those houses are going to stand up or going to be leveled. Mr. Plummer: They will definitely be told that at those hearings if this vote passes today. Mayor Suarez: We have another set of hearings on this whole issue. Mr. Rodriguez: To clarify something on your question, Commissioner Plummer, it will only come to you if it were to be a special exception and if it were to be appealed to you. Mr. Plummer: And there's one other way. And that is a part of the motion that if it does pass, that it automatically comes to this Commissioner as requested by a Commissioner. Mrs. Kennedy: OK, we have a motion and a second. Mr. Plummer: And I so request. Mrs. Dougherty: What? Say that again. Mrs. Kennedy: Is the motion fully understood? Is there any further discussion? Mrs. Dougherty: Say it again. Mrs. Kennedy: Call the roll, please. 83 January 28, 198$ The following resolution was introduced by Commissioner De Yurre, who moved its adoption: RESOLUTION NO. 88-106 A RESOLUTION APPROVING AN AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND DATED JANUARY 24, 1985, AND RECORDED IN OFFICIAL RECORDS BOOK 12400, PAGE 240, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FOR THE PROPERTY OWNED BY FELIX PEREZ (JEMAJO CORPORATION) AND LOCATED AT APPROXIMATELY 2230-2240 SOUTHWEST 16TH STREET, (MORE PARTICULARLY DESCRIBED HEREIN) TO PERMIT A SURFACE PARKING LOT IN CONJUNCTION WITH THE ADJOINING SHOPPING CENTER, SUBJECT TO RECEIPT BY CITY OF A RECORDABLE INSTRUMENT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Qp.+n being seconded by Mayor Suarez, the resolution was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre - Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Mr. Cardenas: Thank you. 28. DISCUSSION AND CONTINUANCE OF PRESENTATION OF FINDINGS AND RECOMMENDATIONS OF THE COCONUT GROVE TRAFFIC STUDY TO THE AGENDA OF _ FEBRUARY 25, 1988. Mayor Suarez: Let me - before we get to either 23 or 24, ask a question about PZ-26. How many people here on PZ-26? Now what possible - thank you. What — possible thing could happen, for lack of a better word, could happen here tonight that would entice any member of this Commission and I really should only be speaking for myself, to vote in favor of the closing of that street? Mr. Plummer: Of what street are you talking about? Mrs. Kennedy: Of what street? Mayor Suarez: PZ-26. Mr. Rodriguez: There are many things in PZ-26. That is only one item of the many items you have in that discussion. Mr. Dawkins: Well, all right, I'm going to vote that that street not be closed and... Mayor Suarez: That's not before us tonight? Mr. Dawkins: I'm going to vote that that street does not be closed. That we take your recommendation, that in anything else you want to discuss in, I mean that that street does not be closed, open - what? What now? UNIDENTIFIED SPEAKER (OFF MIKE): What street? Mr. Dawkins: We're talking about Douglas. MacDonald. MacDonald. Mayor Suarez: MacDonald, MacDonald. 84 January 28, 1988 Mr. Davkins: All right, that MacDonald does not be closed... Mayor Suarez: We've been reading all the street in the Herald for the last three days. Mr. Dawkins: MacDonald does not be closed. Mayor Suarez: Nobody's interested in closing any streets. Mr. Dawkins: And anything remain like it is and if anything else in that consultant report that you want to discuss, bring it back at the next meeting. Mrs. Kennedy: OK, let me just say for the record, also, that the Planning Department has come up with two recommendations. The first is, the Department does not support closure of this intersection of Main Highway, MacFarlane Road, Grand Avenue which would create the extension of MacDonald Street from Grand Avenue which In the first part of what you just said. Mr. Dawkins: I want it to remain closed, that's what we're saying. Mrs. Kennedy: I agree 100 percent. I think that this would be a way to divide the neighborhood... Mr. Dawkins: Yes, Ma'am, at the extent of losing my vote, because I'm trying to get out of here and go home. Mrs. Edna Mae Armbrister: I know that, but there's so much that... Mr. Dawkins: No, Ma'am, we said we're not going to open... Mrs. Kennedy: OK, believe me, there's no need for that. Mayor Suarez: Yes, I just wanted to see what the procedural issue was going to be here and how it could possibly be controversial if what I've been reading is what is being proposed tonight, but maybe it's not going to be as simple as I thought. Mr. Rodriguez: If I might remind you, this is only a discussion item tonight. There is no action that was requested from you tonight. Mr. Dawkins: Yes, but I'm making it an action and let the people know that whatever the consultant recommended, we not going with it. Mr. Plummer: Relation to that part. Mrs. Kennedy: In that part. Mr. Dawkins: With that part. And the rest of it, if you want to discuss that, which I got a lot to say about, we can do it at the next Commission meting. Mayor Suarez: Yes and if it's a discussion item, and if this Commission is not predisposed to even consider this proposal, then there's nothing to discuss. I mean, you know, we can discuss it some other time. We got items 23 and 24 that people are waiting to be heard on. In any event, it's OK. Mayor Suarez: PZ-23, let's go through this one as quickly as possible. Mr. Dawkins: It remains as is. Mr. Rodriguez: Mr. Mayor, so I understand your motion, item 26... Mayor Suarez: There is no motion at this point. Please. Mr. Dawkins: No more. Go ahead. Mrs. Kennedy: We haven't done it. Mayor Suarez: We got tons of people on 23 and 24. Let's see if we can go through 23 and 24 tonight, please. Which is yours, PZ-22? 85 January 28, 1988 Mrs. Kennedy: Twenty-two. Mr. Dawkins: There's no vote. There's no vote. It's all set, no vote on it. Mr. Olmedillo: PZ-23, it's an appeal of a denial of a variance to extend piers and setbacks. Since it's an appeal, and the procedure is to allow the applicant to present his case, therefore... _ Mr. Rodriguez: Mr. Mayor... Mr. Mayor, there is some confusion as to what happened by some of the people asking us now. The item 26 will be continued, maybe... _ Mayor Suarez: Yes, item 26 will be fully discussed at a later time but I think, for myself, and the Commissioner Dawkins and maybe all of us who have expressed ourselves, we're not going to do anything that people in that area are holding against us I happened to read in the Miami Herald. I don't what other posture we were involved - you know, we're going to be faced with tonight on that issue but I can't imagine why you'd even contemplate that. I don't care what the consultants say. But, most of the time, I don't care what the consultants may. This is no exception. _ Mr. Rodriguez: So the discussion of this item will be continued on February 25th. Mayor Suarez: Right. Mr. Rodriguez: At 7:00 p.m. or 6:00 p.m.? Mr. Plummer: Six. Mayor Suarez: Right. Mr. Rodriguez: Six p.m. on February 25th. Mr. Dawkins: No. Mayor Suarez: Six p.m. on February 26th. Mr. Dawkins: All right, this item will be heard at 6:00 o'clock at the meeting and whatever we're doing at 6:00 o'clock, this is the next item and whatever it is we will take it up then. Mayor Suarez: Yes, we'll be a time certain. By the way, not very intelligent scheduling to have this particular item on tonight along with some of these other controversial ones. I don't even know why it was on tonight, but go ahead, Guillermo, 23. PZ-23. Mr. Plummer: The question is why did we ■met at 4:30? We should have started earlier. Mayor Suarez: That's another issue. This one could have been heard at any time. Mr. Rodriguez: We were instructed by you all when you approved 27th Avenue that to bring this on January after 5:00 o'clock. Mayor Suarez: Why are you pointing at him? Mr. Dawkins: Wait a minute. 86 January 28, 1988 29. GRANT APPEAL FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT EXISTING DOCK AND CATWALKS AT 3590 CRYSTAL VIEW COURT - WITH CERTAIN PROVISOS. (APPLICANT: JEFFREY TARDIFF.) Mayor Suarez: Guillermo, PZ-23. Mr. Olmedillo: PZ-23 again is an appeal of the denial of a variance to extend piers and setbacks in a residential property and the applicant please to present his case so that we can respond to it. Mayor Suarez: Planning and Zoning. OK, let's have it all quiet in the chambers. We're doing the best we can to get to the items for which people are here. Mr. Plummer: This is going to be the last item. Mayor Suarez: Twenty-three and then 24, Exxon. Mr. Plummer: You'll never get to it. Mayor Suarez: Well, I'll be here. OK, this probably is one of those items where I know for myself I have been briefed more on this, I have received more letters, more phone calls, than any other single house type item, you know, I man, maybe some bigger projects just like the entire rezoning of 27th Avenue or something, maybe I got more inquiries. I even got calls from someone in Boston and they called my law office. Jeez. Is he here? That fellow from Boston that called my office? How the Olympic Team was going to not win or how it was going to win, L'Hermitage was going to fall under, fall apart, Jeez. What are you doing here on this? Tell us something. Are we going to hear from staff or are we going to hear from counsel, Guillermo, or are you just kind of running around trying to figure out what to do yourself? Mr. Olmedillo: It's an appeal so... Mayor Suarez: Go ahead, Stan. Mr. Olmedillo: ... we defer to the applicant. Stanley Price, Esq.: Mr. Mayor, members of the Commission, my name is Stanley Price, my address is One CenTrust Financial Center, Miami, Florida. I'm here representing Dr. Tardiff on an appeal from the Zoning Board where Dr. Tardiff has requested two variances. One, a variance as to the length of the dock, from 25 to 35 feet, the other variance is a setback variance from the base building line along what is known as Crystal View Court. I will say initially and I will emphasize to the Commission, because it's been thrown at me at each and every hearing that I've appeared in front of. The docks that you see in this aerial photograph were constructed without the requisite permits from the City of Miami. We admit that, we do not contest that. Fortunately, the City Code does not preclude someone who has built in violation from exhausting their administrative remedies and filing an appropriate application to try to correct that wrong. Mayor Suarez: What happens if we happen, at the end of all these proceedings, to tell him that he cannot do what he has done. Can you go out there with an electric saw and you start... Mr. Price: He's under a code enforcement board order that it has to be removed and he will remove it. And I will raise that... Mayor Suarez: OK, what are the two items, then, that are variances, Stan? Mr. Price: OK, if I may. Mayor Suarez: One is the length that it projects out onto the water, right? Mr. Price (Off and on mike): ......permitted. The variance in regard to the setback, this is Crystal View Court, Crystal View Court narrows to 30 feet in this location. We have placed our pier one and a half feet from the setback line rather than 10 feet as required by the code. 87 January 28, 1988 Mayor Suarez: The setback line or from the boundary? Mr. Price: From the base building line. The base building line is interpreted by your Public Works Department and I say most respectfully, Incorrectly, as a line that the City, if they want to anytime they wish, can extend Crystal View Court and build the roadway into the water. Mayor Suarez: What is there now at the end? Is it just sort of a... Mr. Price: It is deadended, there is a barrier in this location. Mayor Suarez: There seems to be a few feet between the end and the barrier, I guess. Mr. Prices Right. It narrows to 30 feet in this location. The City has given us a permit to construct an 8 foot wall, also within the base building line, as well as giving us a permit to construct a special sidewalk as you see In the Coconut Grove area, it's a brick paver sidewalk in that area and the street narrows down. As you will note further, the property to the immediate north of this site is a vacant tract of land. L'Hermitage is our neighbor to the south. Mayor Suarez: It's not the one that's being built on it now, is it? Mr. Plummer: No, it's on the other side of that. Mayor Suarez: The vacant tract? Mr. Price: No, that property has been vacant and there is no construction on the way because of the configuration of the property, it's going to be very difficult to construct a home in that area. Mr. Mayor and members of the board, under your zoning code, we have an extremely difficult burden to overcome in regard to a question of use variance. We have to demonstrate to you a unique and unusual hardship which is attributable to our property, not one shared in common with other properties in the area and where there is no special benefit derived from my client. We believe that we can demonstrate that to you this evening by a list of expert witnesses. Initially, I'd like to point out to the Commission because of the construction along the coast line, all of the properties along Biscayne Bay are recessed by a couple of feet from property to property. As you can see from this photograph, our sea wall is constructed approximately 3 feet further out than the sea wall at the L'Hermitage and the property immediately to south of L'Hermitage is probably several feet curved in in that location. In the city code, when you measure the footage that is permitted, you measure it from the sea wall no, therefore, a 35 foot pier on our property would be the equivalent of a 38 foot pier on L'Hermitage because we are out 3 feet further than they are. I'd like to submit to the Commission a picture of the L'Hermitage docks which are immediately south of our property. All of the sixteen individual boat docks at the L'Hermitage are 35 feet or greater. Nov, at the time of the approval for L'Hermitage, L'Hermitage was not required to go through a variance procedure. It vas a special exception because they built under the PUD ordinance. Mayor Suarez: You're not really talking about the docks, you're talking about the pilings at the and, right? Mr. Price: That is correct. Your code defines what a dock In and a dock Includes the moorings all the way into the water. It could be either a cat walk or any structure. It's measured from the furthest point from the sea wall. I would also respectfully submit to you that our neighbors, L'Hermitage, also received approval after the fact that they put the pilings in. Mayor Suarez: Why? Mr. Price: Because they put the pilings in without the requisite approvals from the City of Miami and came to the City of Miami and got the approvals after the fact, similar to what we are requesting of this board today. Mayor Suarez: Is that Sherwin Ross that pulled that stunt? 88 January 26, 1988 Mr. Price% I don't know who the owner of the property was at the time.... Mrs. Kennedy: Except that L'Hermitage is a PUD and this is a family residence, that's... Mr. Price: That is correct, but as the owner of shore line property, and because of the length of our property, we have a right, as a matter of law, to have two boats at our property; two boats in the water. We also can place the boats, whatever size we wish to, so long as the boats do not infringe into the setback area no, therefore, we can place boats within the internal 65 feet of our property and not be in violation of any City code of ordinances. Mayor Suarez: As long as it's in the back yard? Hr. Price: As long as it's on the water. And regard... I'm talking about... Mayor Suarez: No, no, I was talking about the other issue of having boats all over that very nice tennis court that you have there. Mr. Price: I have reviewed the code and I stand to be corrected and I've had this discussion with Mr. Rodriguez on several occasions. I see nothing in your code of ordinances that preclude anyone from putting as many dry boats on their property so long as they observe the setback requirements of putting it on the side setback and the rear setback of the property. Dr. TardiffIs waterfront property is not the front of his home, it's the side of his home. The front of his home faces Crystal View Court and I will show to you, Mr. Mayor, that is really not the issue here this evening. I know... Mayor Suarez: Well, that's where the tennis court faces actually. Mr. Price: Tennis court faces the front of his home also and also is the rear of the property. His property's in the north south direction. Mayor Suarez: I thought you just said it was the front. I guess it depends where you look at it from. Mr. Price (Off and on mike): No, any storage of the boats ..... (INAUDIBLE) this photograph is taken at a point of time when there are 18 boats on this property. The reason that you don't see the 18 boats is that they're under the cover underneath this tennis court. Mayor Suarez: That... Mr. Price: Which is not a violation of your zoning code. Mayor Suarez: I have no reason to believe - I mean not to believe what you're saying, and if that's the case, then that sort of answers what I was thinking about because you can barely see them at all in that picture. Either that or you've got a marvelous photographer, one of the two. Mr. Price: Well, we have both. Mr. Mayor, we have to demonstrate to you several criteria and I believe by the witnesses that we have here tonight, we're going to demonstrate that we do have a unique and unusual hardship and all we are asking for in terms of the 35 feet, In to be afforded the same rights as our immediate neighbors. The issue which is, I think, In the main concern of staff is the question of our setback variance from Crystal View Court; the one and a half fast. And I suggest to this Commission, and I respectfully submit to this Commission, that my client has a right to put three piers at 25 feet on this property and I will show you by photographs in A little while, while the construction of those three piers would have a far more deleterious affect upon our neighbors to the south than what we are proposing. Mayor Suarez: What do you mean by in a little while? Mr. Price: Within two seconds. Mayor Suarez: How about right now? Mr. Price: OK, I'd like to call Mr. Rick White. Mr. White, if you may, just give your name and address and please give the Commission your background in boating. 89 January 28, 198E Mr. Rick White: OK. My name is Captain Rick White and I'm from Key Largo. I'm a V.S. Coast Guard Captain and masters 500 ton tow and freight and also 50 ton auxiliary sail. I've got 30,000 hours - miles logged in small boats and large boats, so, basically, I would hope I'm qualified as a Captain... Mr. Price: If I might ask Mr. White just to give you a short demonstration of why the existing provisions of your code make a 25 foot dock or no docks at all a hardship situation based upon L'Nermitage's situation. If you may just use that scale drawing. Mr. White: I've been told this is a scale drawing and, as I understand, this Is the north side of the lot, the south side of the lot and this is the - no, this is the property line here and there's the 10 foot - OK, with a 25 foot pier or a post or dolphin if they go out of here and docking on this procedure here, he would have no way, actually, to getting out of here unless it was absolutely ideal situation. If we had a breeze off shore, then the chances are he might get past that 37 foot of the neighbors. I guess this is 37 feet out here, the dolphin they have so he would have a tremendous amount of trouble and this is a single screw boat with - it's hard to talk with this thing like that - can I clip this on somehow? Mayor Suarez: What you're trying to say is that if you had pilings out there, it would be difficult to maneuver that sailboat... Mr. White: No, no, the piling... Mayor Suarez: Is that what you're saying? Mr. White: The piling is already here, that's his neighbors. Where his boat is now, he would have to miss his piling... Mayor Suarez: Right. Mr. White: ... swing around and as you can see right here, he's already just about hit here and to hit here and then continue on and miss this one besides. So, the only other opportunity is for him to back up and get out some way this way. But, of course, he'll have another boat down here. Another way to do it is kick his stern out and back out but the problem with this situation is and just from my experience I know, I do a lot of sailing in the Bahamas, we have about 75-80 percent of our wind is out of the eastern quadrant and this In an on shore breeze at all times and make it very difficult. I believe the other alternative was to have another piling here and have the boat dock this way. But, as you can see, we're low of space for surge here, he would have to tie these pilings here and which stick out considerably further past the pilings. Nov, the only way you could tie this part of the boat would be with a what they call breast line. A breast line is one that goes straight out from the boat and holds it from going sideways. As you can see, the line would have to be very short. A very short line with the tide going down would hang the boat up or pull the boat down as the tide goes up. Mr. Plummer: What's the beam on the boat? Dr. Jeffrey Tardiff: Sixteen feet, four inches. Mr. Plummer (Off mike): What have you got - you got four and a half feet on each side. Mr. White: No, I know, but this is a cabin here. You can't run lines over a cabin. Mr. Plummer: Use a spring line. Mr. White: OK, spring line go forward and would be the possibility, but now you'd have too much sway in this direction. Now, the way to correct that too... Mr. Plummer: Is to cross at the stern. Mr. White: No, we can't, there's a cabin here. Mr. Plummer: Cross at the stern, at the sea wall. 90 January 28, Igoe Hr. White: Crossing at the stern will not correct the bow. Mr. Plummer: Sure, it will. Mr. White: Oh, I'll be darned. Mr. Plummer: Tou know, you're the expert. I just go out on the boat. Mr. White: Very good. It will correct the stern but it will not correct the bow and there's no way to... the line here to here, you see, you would have a spring line and that would control the boat - the only thing that would control would be the boat from going forward. It wouldn't have any... Mr. Plummer: That's correct. That's what I'm saying. Mr. White: Nov, the other way you can handle that is to put an anchor line out and I understand the water is about 13 foot depth off his bow. He could set a mooring out there with an anchor or an anchor, whatever, and the standard procedure in normal conditions would be seven times the depth of the water, but I would recommend ten times the depth of the water because if you have any high seas or big surge, you're going to need a lot more out there holding it. So you bould need to have an anchor line running out towards the bay of 130 feet in this case, ten times the depth of 13 feet so that would be a problem, not only a hazard to navigation here but this is not going to be a very safe tying up situation. OK, and as, like I say, then the other situation is just going to be hard - it's very, very difficult. It would be possible, but it would be very, very difficult to get in and out of this slip. Mr. Price: Mr. White, is your testimony based upon the existing pier which is on the L'Hermitage property, proximity to Dr. Tardiff's property? In this example you've shown the Commission that is based upon the existing dock on the L'Hermitage property immediately to the south. Mr. White: Existing over here, right; leave the 37 foot out. Mr. Tardiff: Right. Mr. Price: Dr. Tardiff's dock with 35 feet as the L'Hermltage was in that location. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. White: Dock this way? Mr. Price: That's correct. Mr. White (Off and on mike): ... situation if the pilings were out the same distance, then you would simply do your cross spring - it wouldn't be a spring, it would still be a breast but the breast line would be clear across the boat and that would keep any movement going from this way so you wouldn't have any damage to the sides of his boat and, of course, obviously that's the way you do tie up, that's perfectly right. !Mayor Suarez: I thought you were going to have the boats out there. Mr. White: Pardon? !Mayor Suarez: I thought you were going to have the boats just sitting there In the water, I thought they'd be brought... Mr. Tardiff: These are my boats the Tornado catamaran never sits in the water overnight, it's always taken out of the water and it would go back on the tennis court and under the carport. Mr. White: Tea, it's a bigger boat. !Mayor Suarez: So what's all the concern about it tying it up and all of that? Mr. Tardiff: The concern is about my large cruising catamaran which you'll see in a Kodachrome coming. The Tornados, of course, would never be in the water here. 91 January 28, 1988 Mr. White: Oh, right here, your pictures right here. you got two pictures right behind you. Mr. Tardiff: The picture right behind us, these are my two cruising boats. You can't see it, but the Tornado catamaran is in the background. What is this this Tornado look like? This is the Tornado catamaran. Mayor Suarez: you've got a marina there, you know that? Mr. Tardiff (Off mike): The Tornado catamaran and it would never sit in the water. I'm entitled to these two slips here and they would.... Mayor Suarez: Doctor, you have to get one of those mikes. The one he's got. Mr. Tardiff: My name is Jeff Tardiff, I live at 3590 Crystal view Court. The two cruising catamarans that you see here, they're cruising catamarans because there's a channel out here and at low tide it's only two and a half feet. I can't bring a monohaul in like a J-30, it's five feet so I have to have something that takes only two and a half feet and, of course, catamarans have that advantage and you'll see them in Kodachromes to come. These two boats are where you see them right now. This boat's 37 feet long, this is 33 feet - long. The Tornado .'catamaran in this picture - this is the current world champion, Robert White of England, he's in the boat. This boat is 20 feet long, 10 feet wide when assembled, but the trampoline in the middle is just canvas and when you take it apart in this picture you can see one little mast right here. I feel it would be better - I have a pretty loud voice, can I put this down and bring it up to you so you can see it? Mr. Dawkins: No, it has to go to the record. Ms. Hirai: No, I'm sorry, we need it for the public record. Mayor Suarez: It won't be picked up by the recording. Mr. Tardiff: In this picture, there are, I'm not sure, 17 or 18 Tornado catamarans but they're all disassembled. They're all underneath that carport with that blue top. When you disassemble the boat, it's 19 inches wide, 22 Inches high and, of course, it's very easy under my 40 foot long carport which is 23 feet deep to line those Tornados up and no one can see them at all. Mayor Suarez: We've been through that. Mr. Tardiff: Yes. Mayor Suarez: If they're all in there and you can barely see them, I guess you've solved that problem. Mr. Tardiff: Ten. Mr. Price: Mr. Mayor, I want to sake it clear, we're not predicating our application on the fact that he has had 18 boats on the property and, in fact, we're willing to abide by reasonable conditions. We're here today on the fact that he has two boats in the water and those are what the variances relate to. And I respectfully suggest and... Mayor Suarez: Well, you know what happened on that In that the initial contact that we had, you were dealing a lot with all of these other racing boats that were supposedly an integral part of the U.S. Olympic Team or something. Now, it turns out that what he needs is to have his own large boats, whatever they're called, the catamarans, I guess, out there, you know, and... Mr. Plummer: (Off mike): Excuse me. Mayor Suarez: Ten, I know. Mr. Plummer (Off mike): One of your problems, this photo is speaking against It because both of these catamarans are stern to the sea wall which the Captain says couldn't be done. Mr. Tardiff: Mr. Plummer, these boats are double ended, they are canoes. 92 January 28, 1988 Mr. Price: All right, Commission... Mr. Plummer (Off mike): I'm saying, both of these are just as I've got Mr. Tardiff: But, Mr. Plummer... Mr. Price: Commissioner Plummer, we were under the premise that if we removed the northernmost dock which is what staff is asking us to do and we placed the - northernmost dock on the southern portion of the property at the setback line, that would make it impossible for that boat to get out. Mayor Suarez (Off mike): That's the way they have it, but they can't keep it that way. Mr. Plummer (Off mike): Yes, well their problem is in here, that's where the real problem is. Mr. Price (Off mike): This is the setback line that we were discussing. The example that was given to you... Mr. Plummer (Off mike): Give him a mike. Mr. Price: I'm sorry. The example that was given to you is if we put in the pier which your staff and we have a letter from Public Works, has indicated we can do up to 25 feet and I recognize that we have other hearings that we have to go to before that is approved, that's the example we gave you. We're suggesting to you that this is a far better alternative. It does not impact anyone, there's a vacant piece of property here. But even if that property is built upon, there's a 30 feet of setback because of the roadway plus the setback of what the home is going to be located, versus putting a boat ten feet from L'Hermitage which will be elevated 11 feet, thereby blocking the _ view I respectfully submit of Mr. Bernstein who is the closest property owner to the wall. Mr. Plummer (Off mike): Well, as I understand, you're asking for two variances. One is allow you to go out to 35 feet instead of 25. Mr. Price: That is correct. Mr. Plummer: OK. Then your second variance is in relation to the street and the setback of the northern dock from the setback line. Mr. Price: That is correct, base building line. Mr. Plummer: What is the dedication on that street? UNIDENTIFIED SPEAKER (OFF MIKE): Ten feet and a quarter. Mr. Plummer: Dedication of the total right of way. UNIDENTIFIED SPEAKER (OFF MIKE): Fifty. Mr. Campbell: The existing right of way at that point was pointed out was 30 feet. The base building line is set at 50 feet, 25 feet from the center lines so there is a 10 toot differential between the existing property line and the base building line along Dr. Tardiff's property at that point. Mr. Plummer: In reality, what you're saying is from the center of the street at 35 feet. Mr. Campbell: Twenty-five, twenty-five. Mr. Plummer: Twenty-five plus ten or twenty-five total? Mr. Campbell: Twenty-five total. Mr. Plummer: And that dock that exists there now is how far from the center of the street? Mr. Campbell: About 15 feet, Sixteen and a half. 93 January 28. 1988 Mr. Plummer: So it approaches 10 feet... Mr. Price: Tes, air. Mr. Plummer: ... into the right of way. Mr. Price: Yes, air. Mr. Campbell: The designated right of way, yes. Mr. Price: But I would also respectfully point out, Mr. Plummer, that this City has given Dr. Tardiff permission to build an 6 foot coral rock wall within that base building line. We have the permit here today that that wall has been in existence and also to dedicate an additional footage for the purpose of some theoretical street that may go into the bay is sure folly. If I may, I would like to call, very quickly, a couple of people who are proponents of the application. I've asked them to limit their presentation to approximately a minute and a half each. If I may? Mayor Suarez: Please. Mr. Price: Andrew. ' UMIDENTIFIED SPEAKER: Andrew McCl... Mr. Rodriguez: Mr. Mayor, can we get Mr. Campbell to identify himself since he put something on the record? Mr. Campbell: I'm sorry, for the record I didn't identify myself before, George Campbell representing the Department of Public Works. Mr. Frederick Whitmore: Mayor Suarez, Vice Mayor Kennedy, ladies and gentlemen of the Commission, thank you for the opportunity to address this assembly. My name is Frederick Whitmore. I come to you tonight to talk to you about the issue of Dr. Tardiff's dock as it relates to the Olympic sailing effort concerning Tornado class sailboats in this area. I represent the Florida Tornado Olympic effort on behalf of Mr. Larry Baker who is the president of that association presently. He is unable to attend tonight as he Is out of town. I have held several positions in yachting classes here in Miami for the past fifteen years. I have dealt with virtually every sailing yacht club and facility which operates in Dade County and I am completely - familiar with the facilities and resources each can offer. Mayor Suarez: If you were - if Dr. Tardiff was required to build the docks the way the City wants him to build them, how would that affect yours and your organizations ability to use his property for your training and so on? Mr. Whitmore: Presently, the sailing center which has been our salvation for the Olympic sailing effort down here and is a real good idea, is finding that It has an extremely crowded facility and a booked itinerary. Mayor Suarez: Right, so why would you not be able to continue using Dr. Tardiff's if he built the docks in accordance with what the code requirements are? Mr. Whitmore: Because, Dr. Tardiff has constructed on his docks, a series of lifts, in other words, what he's built is a movable ramp that goes from the top of his sea wall down into the water. What it effectively is is a ramp like down the street at the Coast Guard Center. Mayor Suarez: Right, I remember you made that demonstration at a presentation you made. Mr. Whitmore: Right, we can wheel those boats up from the length of the 35 feet that the doctor has built it on. If that were to be reduced to a 25 foot length, the steep, the angle of ascent would be impossible to pull the boats. That's our problem. I personally, I acknowledge that there's a hardship of him getting in the dock as he's presented here a few minutes ago. That's not my concern. My concern is strictly how this relates to the Olympic effort. Dr. Tardiff, over the last several years, has been a great benefactor to the Tornado class. He has supported regattas on numerous occasions at financial 94 January 28, 1988 detriment to himself. He has used his house and facilities to promote Olympic sailing in this area and we need him. We need his facility. If the Commission here can dedicate some property to us for this purpose that will accommodate our boats, we'll love it and so will Dr. Tardiff. He doesn't need to put up with us. We're a thorn, essentially, to Dr. Tardiff. However, he's... Mr. Dawkins: Well, here's one vote, you've been designated all the land you're going to be designated. You've already taken half of my park with your Olympic sailings and you will not get any more out of this vote, sir. Mr. Whitmore: Commissioner Dawkins, let me address you. Mayor Suarez: No, really, the relevancy of his interest in sailing and all of that, it's just not that relevant to what we're trying to decide on and that's what I asked if he had to build these docks in accordance with the City requirement, how would that prevent you Then the only reason you were able to give me was just the technical - what would end up being the slope and I just... Mr. Whitmore: Right, how it would prevent it is we physically would not be able to roll the boats up. The boats rolls up on wheels that you place underneath the the holes. We would not be able to remove the boats from the water at Dr. TardifffIs property if he is to be restricted at a 25 foot dock. If he has the 35 feet, the angle of ascent is satisfactory, the boats can be wheeled up onto his lawn. Mayor Suarez: That's because of the tension or because of... Mr. Whitmore: No, because of the angle. Now, these boats weight about 400 pounds a piece dry. Now, to pull them up a steep angle is extremely difficult. It would be impossible. Mr. Dawkins: Oh, I'm with Dr. Tardiff, but I'm not with you because, see, you just keep compounding the problem. I mean, the people in the neighborhood, if they'll tolerate Dr. Tardiff, I know they don't want to tolerate 35 or 40 boats being pulled up. You know, I mean, so if I voted for this, I would vote with a restriction on it that we don't pull no boats up in there because the neighborhood is tired of it. Mr. Whitmore: Well, I think that the neighbors and I think that we can bring neighbors up here that, in fact, do not object to the operation of the Olympic sailing effort and regattas here and the training of the committee, Mr. Dawkins. I will further state that I would certainly like to see this Commission to be remembered as those who supported the Olympic sailing effort rather than swung the sword to knock it down. Mr. Dawkins: I would hope that you would remember, sir, that we voted to give YOU the land that you got and if we were not in a supportive manner, you would not be here. Remember that, OK? Mr. Whitmore: I understand that, Mr.... Mr. Dawkins: And go out and tell the press that we supported you and because we supported you, you got half of a park and you've got land and water to sail on because we believe in you and we want you to believe in us, sir. Mr. Whitmore: I understand and I certainly do, Mr. Dawkins and we, as sailors, appreciate it. However, for our purposes we can't gild the lily, the sailing center is inadequate. We have only one facility. I am certainly open for alternatives. I run regattas all over this center. I have negotiated with Dill Bird of Park and Recreation Department. I obtained insurance policies, bonds, everything that you need to operate regattas down here. I have slept on the beach to protect these boats which have been damaged and stolen from. We have bad sailors hurt. Mayor Suarez: That, all of that also, is not particularly relevant to this particular zoning case that we have here facing us. Could you just address that? Mr. Whitmore: Well, OK. 95 January 28, 1988 Mayor Suarez: We know he's a great promoter of Tornado sailing and other kinds of Tornados. We just want to know about the zoning matter he have before us here today. Mr. Whitmore: Well, the zoning matter, as it relates to us, if he is not granted the variance on the zoning, we will not be able to use his property as an alternative overflow site to the sailing center. Mayor Suarez: OK, we gather that. Mr. Whitmore: That's the issue. Mayor Suarez: OK. Mr. Whitmore: Andrew Zitkiss. Mayor Suarez: No, no, wait, wait. We're going to take everybody in order here in a reasonable number too. Anything else, sir? Mr. Peter Camet: Mayor Suarez, Commissioner, my name is Peter Camet. I'm one of the Board of Governors at the sailing center and Mario Bustamente, our chairman, has asked me to appear here on his behalf tonight. He's not available to answer my questions you might have about the center and to read a short letter and those of you who know Mario Bustamente will be very surprised to see how short it is. I'd also like to add that Rick Whitmore does not speak on behalf of the center and we're certainly grateful for everything that you've done for us and we're not here to... I'm the only one here on behalf of the center tonight who's qualified to speak for the center and we're not asking for more land. We're thank you for what you've given us. Mr. Plummer: Also, you better include about $150,000 with the land. Mr. Camet: And a hundred... Mr. Plummer: How much? Mr. Camet: And hundred and twenty-five, I think it was, but we certainly appreciate it. Mayor Suarez: And it's... Mr. Whitmore: We do appreciate it. Mr. Dawkins: Well, we owe you twenty-five, OK. Mayor Suarez: And it's unusual for the City to reserve a chunk of park land for this particular use as it is, you know, and, hopefully, people will have that in mind. It's not something that that many people typically do, but, I mean, we're happy that they do, we're happy to be a part of it. MMe Mr. Camet: I think we'll all agree we're tremendously off the issue that should be before you tonight. But I think we all knew that it was going to come up. If I could just read a short letter and then, hopefully, we'll put It to rest. If you have any questions, please feel free to ask me. •Honorable Mayor and City Commissioners: As Chairman of the United States Sailing Center, I've been asked by Dr. Jeffrey Tardiff and those opposing Dr. TardiffIs application for a variance. to state for the record the capability of our facility to accommodate the remaining Olympic Tornado Class Training Regattas. If the Sailing Center had been asked by Dr. Tardiff or the Tornado Class in the summer or fall of 1987 of the Tornado Classes' desire to hold a series of training regattas at the Sailing Center, as is the usually procedure, we could have arranged our scheduling to accommodate the Tornados. However, because we were asked at such a late date to accommodate the class on certain dates with which we have conflicts, we cannot accommodate the Tornado class. As the attached article for last week's Miami Herald indicates, the Sailing Center has been a tremendous success and our facilities are swamped. Without sufficient advance warnings, our hands are tied. If the Commissioners were to vote that Dr. Tardiff's application for a variance be denied and his dock be removed, we ask that he be given until April 15, 1988, to do so and that he not be restricted from obtaining a Class 96 January 28. 1988 B permit to conduct his scheduled events until that time. This would serve the long range goals of those opposing Dr. Tardiff Is application and it would help the Tornado Class Association. Again, we thank you on behalf of the U. S. Olympic Yachting Committee, the U. S. Sailing Center and the hundreds of Olympic aspirants from all over the world that are enjoying the Center right now" There's a P.S. Mayor Suarez: It's too good to be true, right? "Teams from Canada, the Bahamas, Germany, United Kingdom, Venezuela, Mexico, Denmark and others competing in the 470 and Flying Dutchman would winter us through January 31, pay us a visit." Ha's also provided us with copies, actually they're all signed originals. Mayor Suarez: You may insert those all into the record if you like. Thank you. Anything else, counselor? Mr. Price: This very briefly. Mr. Dawkins: Thank you. Mr. Price: This issue is not an issue that's germane to our application. We understand what they said that we would agree to that condition because we knew this was going to surface based upon the testimony at the Zoning Board. We can live with that condition as to April the 15th and agree not to have any more regattas out of that property. We're here today on a land use issue and I think we've demonstrated to you because of the existence, because of the granting of the identical request to our neighbors to the south, who are good people, and I've met with several of these people and I understand their concerns. But, I think the condition that they be no more activities of this type after April 15th, should suffice in terms of future fears. We are suggesting because of the grant to out neighbors to the south, we are not getting treatment that is denied other people in the area. We are being treated the same. We are being afforded equal protection under the law as to other grants by this City and we'd like to reserve some short time in rebuttal and we also have a few people here in the neighborhood who have come out to support this application and I'd just like them to stand up, Mr. Mayor. Mayor Suarez: Supporting the application. UNIDENTIFIED SPEAKER: Are they neighbors? UNIDENTIFIED SPEAKER: Yes, I'm a neighbor. UNIDENTIFIED SPEAKER: Are you all neighbors? UNIDENTIFIED SPEAKER: You don't live there, honey. Mayor Suarez: OK, that's all right at this point. At this point whether they're neighbors or not is not going to be crucial. If any Commissioner wants to know the addresses, he can always request them. OK, from the objectors. You objecting? Mr. Olmedillo: Staff. a Mayor Suarez: Go ahead, Guillermo, what's up? Mr. Olmedillo: Can we make our presentation now, staff? Mayor Suarez: Right. Mr. Olmedillo: First of all, I'd like to clear the record. In the agenda, there was an erroneous approval position by the Planning Department. And the recommendation of the Planning Department, it should read, denial, that was a typographical error. On the issue before you, which is the zoning issue... Mayor Suarez: Yes, slight error. Mr. Olmedillo: ..0 the counsel for the applicant has stated all the facts based on L'Hermitage having the same zoning characteristics that this 97 January 28, 1988 property, or the same zoning classification. I'm heard them throughout and it is written in the application. The fact of the matter is... Mayor Suarez: He didn't may that, it say have been implied. He was talking about the conditions and the length of the pilings out there. Mr. Olmedillo: I shall read from the application also, but... Mr. Price (Off mike): I admitted tonight that we don't have the same .... Mayor Suarez: OK, just tell us what are the different zoning classifications? Mr. Olmedillo: But 9500 has a different zoning classification for a PDH which Is what L'Hermitage is called today. It was a PUD before and a single family residential district. Mayor Suarez: Vhat do they have for L'Hermitage zoning, the PDH? Mr. Olmedillo: It's a PUD actually because that was under 6871. Mayor Suarez: Or PUD. Vhat is it for the docks? Mr. Olmedillo: Toi this is RS-2, which In a single family residential district. So any... Mayor Suarez: What are the provisions for the length of the dock in the case, or setbacks in the case of the PUD or in the case of single family? Vhat's the difference? Mr. Olmedillo: There is no difference as to the provisions for the docks. But the zoning itself... Mayor Suarez: Tou're not going to do that to me after taking me this far along, are you? Mr. Olmedillo: ... is different. And, as I shall read from the application, the argument is based on the fact that they are the same, they're Indistinctive. Mayor Suarez: Vhat are the differences if they're not the same? Mr. Olmedillo: The PUD or the PDH in 9500 considers bonuses and different setbacks and different characteristics for development in an area which is a larger tract of land than... Mayor Suarez: No, I understand the general concept of the POD, but I mean as to docking facilities, does it have any spec... Mr. Olmedillo: As to docking facilities there, are no. No different provisions from: one to the other. Mayor Saarez: Very good. Mr. Olmedillo: Our zoning ordinance states six facts which have to be met before a variance is granted, and I'm reading from the application. "A) Special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands. Structures or buildings in the same zoning district in that' and the applicant sakes a listing of why it is so. "B) The special conditions and circumstances do not result from the actions of the petitioner." Clearly, the petitioner is the one who built the docks. "C) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would allow unnecessary and undue hardships on the petitioner." Again, L'Hermitage is a different zoning district. "Granting a variance," this is letter D, "granting a variance request that will not confer on the petitioner any special privilege that is denied by the zoning ordinance to other lands, buildings, or structures in the same zoning district." Again, the variance will grant a special treatment to this particular property as opposed to the RS-2/2 properties along the bay line. "8) The variance, if granted, is the minimal variance that will sake possible the reasonable use of the land, building, or structure in that." And we heard argument back and 98 January 28, 1988 forth, and I would rather not commit myself, I let the sailors do that. "F) The grant of a variance will be in harmony with the general intent and purpose of the zoning ordinance and would not be injurious to the neighborhood or otherwise detrimental to the public welfare." I believe out of the six, this Is the only one that can be considered to be met. But the zoning ordinance reads, all six of them have to be met. That, I think, is the matter before you. That is what is being considered, and now I defer to the Public Works Department. Mayor Suarez: Thank you, Guillermo. Are you going to tell us anything different, George? I mean... Mr. Campbell: A little additional information to clarify the record, if I may and Mr. Harms from our department also has some comments to make. Briefly, briefly, first of all, there is an allegation that I was in error concerning the base building line and so forth. That particular base building line has been established more than 30 years. The wall in question along the back of... Mayor Suarez: So it was some guy 30 years ago. Go ahead. Your predesor. Mr. Campbell: The wall - yes, my predecessor. The wall along the property line along Crystal View Court was, in truth, given a permit after the fact of construction. There In a covenant which was given out of the goodness of the City's heart after the fact of the construction which required the removal of the wall. The brick sidewalk was allowed to be constructed there at the request of Dr. Tardiff. This is true, we have no problems with that because we have done it elsewhere in the Grove and we think it's an adjunct to any given neighborhood. The issue at hand on this is not necessarily Dr. Tardiff's own boats but the fact that this is to be used for a quasi, what we would look at as a commercial type of venture. Brian, would you make a couple of comments concerning what you have done on this? Mayor Suarez: Is that a factor, Madam City Attorney or Sergio, the fact that If he's otherwise entitled to do this or approved for doing this, how many times he uses it or what it ends up being, if it ends up being quote unquote commercial, I mean I don't see how that's a factor. Mrs. Dougherty: It's not a factor to be considered in this hearing. Mayor Suarez: OK. Mr. Rodriguez: Except for the other information that has been submitted by the applicant already. Mayor Suarez: Right. Mr. Brian Harms: Hey, I'm Brian Harms, I'm the supervisor for code enforcement for Public Works. I will try to be brief, I know it's getting late. This case, though, has been an enforcement nightmare. We are in our third hearing now. I understand there's been some legal action involved. I would like to just go right to the crux of the matter from our standpoint. The illegal docks which were built without a permit along the bay front which Is an open bay opposite Dr. Tardiff's property, encroach into the zone setback or the undedicated portion of the right of way. This is the base building line which is 10 feet from the original property line. The original property line is where Dr. Tardiff built the wall without a permit in 1979. My predecessor somehow allowed that to go, we had a permit Today, though, City ordinances prohibit us of granting after the fact permits for structures in the undedicated portion of zone right of way. The problem is that a structure this size, which, by the way, this is the doctor's engineer's plan. It is a bit deceptive. It does not show the elevators which are placed fully between these piers. The elevators, by the way, do not operate just as a ramp, they also operate horizontally, you can pitch them any way you wish. If you put a boat on the elevator, whether that elevator is 38 feet long, as In this case they are, or 25 feet long, the elevator can be lifted horizontally. In any case... Mayor Suarez: I don't know how the rest of the Commission feels. You could save all your arguments regarding that dock that is built along the City right of way. There's no possible way that I could ever vote to maintain that there. 99 January 28, 1988 Mr. Harms: OK, well, I hope that the rest of the Commissioners believe the way you feel. In any case, the other deceptive part about this particular plan is the setback requirements which are depicted here by this right triangle. The engineer found it convenient to throw that right triangle across the street and pick it up from the opposite side of Crystal View Court which is, unfortunately, not the way it should be. That triangle should be from the base building line which will reduce the length of the dock allowed by law. So our problem here is the total length of the dock and the setback from the sides. As far as the condition of the dock now, we have a cease and desist order we have given the doctor. He is under a $250 dollar a day fine to remove it from the Code Enforcement Board and we have made every effort to bring him into compliance and that's the case. Mayor Suarez: Madam City Attorney, if we were disposed to grant something up until the date that they request, April whatever, would do we do about the $250 a day fine? Mrs. Dougherty: It's the Code Enforcement Board that mandates that fine and they would have to appear before the Code Enforcement Board with your recommendation. But other than that, you have only a - you don't have any jurisdiction over them. Mayor Suarez: The board would make that decision. Mr. Rodriguez: They appeared yesterday and the board turned it down. Mr. Plummer (Off mike): .... turned down the application.... Mr. Rodriguez: The request for a waiver, the request for a waiver. The request was stayed, it was turned down by them yesterday. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Price: OK. We filed the stay because we wanted the board to stay their enforcement action until we had an opportunity to go to hearing tonight, which was for one day. We have filed an action in Circuit Court which the Court has given us a preliminary writ of prohibition and we have agreed in that Court order that no matter what the decision is tonight, that we would remove whatever this board feels to be illegal within 15 days. All we asked the board for the courtesy was to permit us to exhaust our administrative remedies, is why we're here tonight, and they refused to do so. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Price: Well, I don't have to plead that to them any more. I have to go to Circuit Court again. Mayor Suarez: But can we - I thought my question was simpler than all of that, could we, if we wanted to, this Commission wanted to, allow them to continue functioning until April, could we do more than just sort of advise the board that the fine will not be levied in the meantime? Mrs. Dougherty: No, and, by the way, we were not advised of this hearing. We were completely unaware of it; of the court hearing. Mr. Harms: Mr. Mayor, some information which I should add to that. In its present condition, the dock is hazardous. The center pier, the main dock on which one would walk out, has been formed up and has steel in place for pouring concrete. Under our cease and desist order, the doctor cannot pour concrete. He cannot use the dock. Persons trying to walk on that are forced to tip toe between the steel. There's also a great deal of electrical conduit and electrical motors which have been installed without permit or inspections. We have no idea if they're safe or not. I do not think the City would be wise to grant something which could be a liability to this City should someone become injured on that. That's one reason why we can't allow it. INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Harms: Oh, excuse me, yes, sir. Mayor Suarez: I can't imagine how we would be liable. 100 January 28, 1988 Mr. Iry Bernstein: Thank you. Mr. Mayor, Madam Vice Mayor, members of the Commission, I'll be as brief as possible. My name is Iry Bernstein. I live at 2000 So. Bayshore Drive. I'm speaking tonight for myself and for Donald Lefton who is my next door neighbor and unfortunately, cannot be here tonight. Mr. Lefton and I live immediately south of Dr. TardifffIs property and I will say are affected the most by Dr. Tardiff's mini marina. I will just say one very brief statement. Dr. Tardiff is coming to you people for an appeal without clean hands and, if you'll bear with me for one minute, I would like to just give you a brief history. Dr. Tardiff, as you know, built these docks without a permit, the Planning Board, the Code Enforcement Board and the Zoning Board have all turned him down. He has ignored a cease and desist order which was issued to stop the construction and Mr. Tardiff just basically, or Dr. Tardiff, basically continued constructing the illegal dock after the cease and desist order was issued. On December 12th and December 13th, he conducted a regatta out of his property without the benefit of a Class B or Class C permit. He has consistently shown a total disregard for our laws and ordinances and has consistently told public officials that he'll do as he damn well pleases regardless of the laws and ordinances. These actions cannot be tolerated or condoned by the City Commission. The illegally constructed docks and marina lifts are a nuisance to the public and have no _ place in a residential neighborhood. His residential property is being used as a mini marina. And quite frankly, ladies and gentlemen, if I wanted to build the type of home that I've built next to a mini marina, I'd have built It down right next to Merrill -Stevens, save myself a lot of money. Mayor Suarez: You can't help him along now, what is this? Mr. Bernstein: Allowing the illegal structures to remain will preclude me, as well as Mr. Lefton and others in the neighborhood, from enjoying the quiet use of our private residential properties. And I would like to address this hardship matter. I have lived in my house now for two years. Dr. Tardiff Illegally constructed these docks approximately six months ago. For 18 months prior to that, I saw Dr. Tardiff and his friends come in with some awfully large boats, ladies and gentlemen. Now why this hardship has suddenly come up from out of nowhere, I dont' know and I would ask Dr. Tardiff if he decided to go out and buy a 100 foot boat, does that entitle you to build a 100 foot pier? It's totally irrelevant and he does not have the hardship that he's claiming. He didn't have it before he illegally constructed the docks and I think it's strange that he now does. I might make one suggestion and I'm going to stop and I think this might be a May that the City Commission can satisfy everybody and I'm speaking for myself only. I've talked with Mario Bustamente and others with the Olympics and not withstanding the fact that Dr. Tardiff has made many false public statements that he's affiliated with the Olympics, which he is not, in any way, shape or form. As a matter of fact, as of three weeks ago, he was not even a member of the Yacht Sailing Union, but be that as it may, i, for one, would not object if there were some way that a bond could be posted to allow Dr. Tardiff to conduct the remaining three regattas out of his property with the specific understanding that come, I think the last regatta is March 27th and March 28th, and within two weeks thereafter, if he posts a bond, then he must remove all of the illegal structures and never put them up again. I think we would satisfy the Sailing Center which, incidentally, I talked to Mario and Mario told me that if he has the proper notice, they do have the facilities to handle Tornado Classes next year. The problem is they can't handle them not because they just haven't had - they weren't given the courtesy of any notice. So, I might suggest that to the Commission if it's proper. I, for one, would not object to that, it would certainly satisfy the Yacht Sailing Union, the Olympic hopefuls and as along as we can trust Dr. Tardiff to take down what he's put up illegally, I think this would satisfy everybody. Mr. Plummer: Well, that's fine. What about the neighbors on the other side? Mayor Suarez: Please, please ma'am. Mr. Bernstein: Well that's all, as I say, Mr. Plummer, I'm speaking for myself. Mr. Plummer: OK, because I've got a ploy that would be even better than that and it's very simple, I'll put it on the record. That if he did not tear down the structures, after, if it's the 15th of April, the last regatta, that he gives us, the City, the right to tear them down and the expense incurred is put as a lien against his property. That's pretty binding. 101 January 28, 1988 Mr. Price: We'll agree to that. Mr. Plummer: Now, I want to hear from the other neighbors because if they're not in concurrence, then we're in a different bail game. Mr. Bernstein: Thank you very much. Mr. Plummer: But I think that if they are in concurrence, I think it is a solution that maybe could appease everyone. Nothing that comes here appeases everyone but we try. Ms. Sylvia Goldstein: My name is Sylvia Goldstein. I live at 3560 Crystal View Court. My property adjoins Dr. Tardiff'a. I came before this City Commission in 1980. It was a unanimous vote that he was to tear down a fence that was over 9 feet, close to 10 feet, and replace it with nothing higher than 8 feet. Either an 8 feet wall or an 8 feet fence. I would like to show you pictures... Mayor Suarez: OK, let me stop you and hold you there so that we can get that resolved. Why, if that is the case, is that fence still there? I mean, why are we getting into that tonight, I'm not sure, other than to show that the... Mr. Plummer: Because it was one hell of a hearing. Ms. Goldstein: I am trying to show that Dr. Tardiff does not do what he is told by law to do. Mayor Suarez: Well, listen, that is fairly evident from all of these proceedings. What I'm wondering is, why, if he was specifically ordered to tear down that fence that did not happen in 19807 And number one, number two, what relevance does that have to this particular problem? Mr. Plummer: Well, I think what relevance it has is that he is not of good faith. That if, in fact, he was ordered before and did not do it, why, if he's ordered this time would he not do it? That's the relevance. Mayor Suarez: Yes, but OK, but I mean he's obviously non conforming as to the issue tonight, so did we get into the issue of the fence? We can get into that another time if somebody wants to bring in a complaint or if the City ought to take enforcement action or whatever. Mr. Rodriguez: We will follow on today's complaint and check it and send an Inspector to make sure it's correct. Mayor Suarez: OK, anything else? Ms. Goldstein: It is correct, I can guarantee you. The part he did tear down between my property and his, he replaced with an 8 foot wall, higher than 8 feet, deliberately. I have my notes and... Mayor Suarez: Well, I know it wasn't accidentally. Ms. Goldstein: I went in to Whipple. I spoke to Mr. Whipple in 1980 and Mr. Washington and Mr. Milligan came out. I spoke to Laura Butler, I spoke to Mr. Lycea, all during the year 1980. Mayor Suarez: The docks, the docks, what do you want to tell us about the docks? Ms. Goldstein: All right. The docks are next door to me. I am living next door to boat storage. There is no way he can store 18 boats under cover. It Is out of cover. Secondly, how can he assemble and disassemble 18 boats without disturbing his neighbors? They are right up to my wall which is just a few feet from my bedrooms. There is no way that I feel that I have lived, I'm supposed to be paying for a residential area... Mayor Suarez: You know, I don't know the answer to that and I don't know - my suggestion is that you meet with the City staff and figure out if there's any violation for that very reason as opposed to the docks. I mean, in other words, that fact, if he's otherwise allowed to have the boats there and to dismantle them and, you know, I don't see what other restrictions we can impose but you can explore that with our staff. 102 January 28, 1988 • Ms. Goldstein: That's a boat storage. Mayor Suarez: That's not before us today. it doesn't sound like something you'd do in a normal single family residence, I'll tell you that. Ms. Goldstein: I don't think it is and when he tells you that they're hid, I spoke - after he was first denied the permits, some of the sailors from the Olympic came over to me asking we to approve it. I am all for the Olympics, I come from a seafaring family, I enjoy the water sports, but I am not for it in a residential area. We have laws that say this is residential and it should be followed. I have pictures in the files showing his tennis court, which was illegally built, and the lights that was illegally put in, so it all applies to the sun we're talking about. Mayor Suarez: I'm looking for one column in this property that was legally built. OK. Ms. Goldstein: Veil, this dock is illegally built. The dock is illegally built. Mayor Suarez: But that's all irrelevant, we're only dealing with the docks today. Ms. Goldstein: Veil, it's illegally built, sir and I would appreciate... Mr. Plummer: Ma'am... Mayor Suarez: Oh, that was the first - that was admitted by them at the beginning of the evening. Ms. Goldstein: I would appreciate my rights of having a residential home there thought about. Thank you. Mayor Suarez: Beautiful. Thank you for your statement. Mr. Plummer: Excuse me, tell me again your name. Ms. Goldstein: Sylvia Goldstein and I live at 3560 Crystal View Court. I came before you here January 1980. Mr. Plummer: Oh, how well I remember. Are you the same... Ms. Goldstein: And Father Gibbons and you had a unanimous vote that he was to take down the fence and it is still there Mr. Plummer. Mayor Suarez: Oh, we vent through that. Mr. Plummer: Are you the same Sylvia Goldstein that wrote and signed a letter on March the 19th, 1980, in... Ms. Goldstein: Probably, I was fighting it the whole year 1960. Mr. Plummer: Well, excuse me, maybe somebody forged your signature. Me. Goldstein: All right, let me hear it. Mr. Plummer: Whereas, Mrs. Goldstein, in the spirit of being a good neighbor Is willing to withdraw her objection to the height of said fence... Ms. Goldstein: Sir, that is a forgery, that is a forgery! That is a forgery! Mr. Plummer: If it is... Ms. Goldstein: That is a forgeryt That is forgery! I have never once ever done that! Mr. Plummer: Ma'am, I'm merely... Ms. Goldstein: It is a forgery! 103 January 28, 1988 Mayor Suarez: We're going to have a whole hearing on the issue of the fence and forgeries and everything else. Mr. Plummer: I am merely... Ms. Goldstein: It is a forgery) I never ever heard of that. Mr. Plummer: Mrs. Goldstein, I am not accusing you. I am asking you if this Is the document which you signed? Ms. Goldstein: May I look at it? Mr. Plummer: You surely may. UNIDENTIFIED SPEAKER (OFF MIKE): This lady accused me of for Dr. Tardiff. I didn't even want that. _ Mayor Suarez: Must we get into the issue of the fence, please. Anything else from the objectors? Mr. Dawkins: Go right ahead, sir. Mayor Suarez: Yes, go ahead. Mr. Plummer: I'm just asking a question. Mayor Suarez: Would you have a private pow wow with J.L. Plummer and work out the issue of the forgery or the fence or something. Mr. James Sweeney: Gentlemen and lady, my name is James Sweeney, I'm a resident of 2000 So. Sayshore Drive, Villa 51. I'm the president of L'Hermitage Owners Association. And... Mayor Suarez: What could you possibly add as an objector that we haven't heard already tonight, please? Mr. Sweeney: Well, I would... Mrs. Goldstein: INAUDIBLE COMMENTS NOT PUT INTO THE PUBLIC RECORD. Mayor Suarez: Ma'am, OK, Ma'am, we're going to give you a complete hearing one day. Ma'am, we're going to give you a complete hearing on... Mrs. Goldstein: INAUDIBLE COMMENTS NOT PUT INTO THE PUBLIC RECORD. Mayor Suarez: Ma'am, and Commissioner Plummer's going to head that hearing because he's very interested in the issue of the forgery. Mr. Sweeney: Mr. Mayor, I wonder if it is appropriate, the issue here tonight, if I say get back to that, I think is the question of the... Mayor Suarez: We know the issue. What is your opinion and what... Mr. Sweeney: ... is the one of the hardship. The only testimony we've had as to the hardship is from this gentleman here and I wonder if it is appropriate for us to inquire or to ask a question or two? Mr. Plummer: Sure. Mr. Sweeney: All right, I know nothing — I know very little about most things and nothing about boats, but if we could have that picture and at least I could get cleared in my own mind what he's trying to say. Mayor Suarez: Well, what's the question before we even get to all of that? Mr. Plummer: Boy, I sure like these non controversial issues. Mayor Suarez: I don't know what we're doing. Mr. Plummer: Where do we apply for overtime? 104 January 28, 1988 Mr. Sweeney: OK, Mr. Mayor and members of the Commission, as i understand it, this gentleman is saying that the L'Hermitage docks are what causes the hardship with this dock in here, is that correct? Did you not say the existence of these docks down here causes a hardship... Mr. White: They would if he's restricted to this 20 foot - the 25 foot restriction. The normal... Mr. Sweeney: Can you show me just what you're talking about of making a turn out here and these get in the way? Mr. White: Yes, let me put it on record while we're doing it. No, you see, with this dock out of here, both docks out of here, then these boats would have to be either this - it's hard to describe. OK, let's use my finger and let's say it's sitting here. Nov, there's going to be a - right there would be a piling, 25 feet. Nov, he would have to try to get out... Mr. Sweeney: OK, I understand what... Mr. White: Do you see that point? Mr. Sweeney: You're saying take the docks out completely if he has to dock his boat sideways. OK... Mayor Suarez: Let me tell you - sir, you're now on the objecting side. The person prior to you resolved the issue of the turning of the boat when he said the fact that he has a very large boat does not give him a right to violate the City's zoning restrictions. Mr. Sweeney: OK, may I ask the question? Is the requirement of... Mayor Suarez: So what difference does all of this make whether he can turn it or not turn it. He can decide what boat he wants to buy and if he can turn it fine, and if he can't turn it, that's his problem. We're not concerned with that, we're not here building marinas for people or anything like that. We're trying to enforce the zoning code. Mr. White: Well, I understand, Mr. Mayor. Mrs. Kennedy: I agree, Mr. Mayor, the issue is not that, the issue is that the docks were built illegally. Mr. Sweeney: Well, the issue is that he's trying to say there's a hardship. I vast to establish that there's not, that' all. Mayor Suarez: So far no one has really made much of the argument of the turning of the boat so far that I can think of. None of us here. Mr. Sweeney: If the boat vas 25 feet, would a 25 foot dock be sufficient? Mr. White: No, that's what I was saying. Let me show you this... Mr. Sweeney: You're talking about the docks are out of the way, aren't you? Mayor Suarez: Sid, no, now we're not going to argue about the turning basin needed for the 25 versus the 35 footer. Mr. Sweeney: I understand. If there is a 25 foot dock sticking out and a 25 foot boat, is there a problem? Mr. White: Yes, veil it's the same problem with these boats over here. These would have the same problem if these were 25 feet. Mayor Suarez: Right, he's pointing to the boats at L'Hermitage and he's saying the same problem that they have. They don't seem to be having any great problem to me. They're there and they have it... Mr. White: I understand, Mr... Mr. Tardiff (Off mike): If they were restricted like me they wouldn't have their boats there either. 105 January 28, 1988 Mayor Suarez: The issue is not one that's going to decide the matter one way or the other tonight, I don't think. Mr. Sweeney: My position would be that there's simply no hardship, that's all. Mayor Suarez: I haven't heard anything about a hardship either tonight to tell you the truth. Mr. Charles Rosenberg: Good evening, my name is Charles Rosenberg. I live at 2000 So. Sayshore Drive, Villa 31. I live on the water. I observe everything that's there. There's a reason, I think, that people... Mayor Suarez: You started this whole thing, didn't you? _ Mr. Rosenberg: No, no, these guys did. One of the reasons I think people are brought up... Mr. Plummer: Pin it on Mrs. Goldstein. Mr. Rosenberg: ... some of his past sins of omission and commission, is I believe that you sit. here like a board of equity. You know, a guy comes in with clean hands, says, look, I'm in trouble, help me. He has flaunted, starting with the wall in 1979, everything that's ever been done on that property illegally - there's a multitude of sins. He can't come in here with clean hands because his hands are dirty, OK. He can't come in on an equitable basis. The hardship is only money at this point and the way I understand the way you function, money is not a hardship. And I'd just like to add my name to the chorus of people that object to this commercial marina in our residential zone. Mayor Suarez: Money is not a hardship. It's a hardship if you don't have it. Mr. Rosenberg: Right, he's spent a lot of money by the way. Mayor Suarez: You were short after all of this, all the phone calls and everything. Jim McMaster. Mr. Jim McMaster: My name is Jim McMaster, I'm vice president of the Coconut Grove Civic Club and I'm also speaking for the Tigertail Association. Dr. Tardiff's lawyer sort of glossed over the fact as to why they are asking for a variance. The fact is that under ordinance 9500, you cannot extend a dock by special exception farther than 25 feet into the bay. It is simply outlawed by the ordinance. I do understand you're allowed now to request variances of things that are prohibited in the ordinance, but they're working on changing that. So, if he had come to you originally and asked for this for a special exception, it would not have been allowed. There has been a history of him asking for different things on this project. Originally, he applied for a Class C because he was going to preserve the sea grasses. After that was denied by the Department of... Mr. Rodriguez: Planning. Mr. McMaster: ... Planning, because the Durhams said there were no sea grasses. Now, suddenly, Dr. Tardiff comes up with another letter from the same specialist saying, well, there are no sea grasses in the area so his dock's going out 37 feet will not hurt anyone. I have spoken to the people at Durham and even if this passes this Commission, it will still have to go before the County Commission if any of the neighbors object which they will because these docks do not meet the D-5 requirements as specified by the county. I have an internal memo here, Donald Cather to Cesar Odio, in which he states, in the past, Dr. Tardiff has been repeatedly cited by City agencies for working without permits. Mayor Suarez: I think all of that correspondence is in the record and, if not, we'll make sure we put it... Mr. McMaster: And be, you know, he basically says as far as the right of way and everything else, the only thing they can do is to tear the docks down. Thank you. 106 January 28, 1988 Mayor Suarez: Thank you, Jim. Before we hear any more, do you have some idea how we're going to solve this now, do you want to make a motion? Mr. Plummer: Me? Mayor Suarez: Yes. Mr. Plummer: Not me. Ms. Goldstein will be all over me. Mayor Suarez: You seem to be awake. Mr. Campbell: May I correct the record, may I correct the record? The Information I was given in the office was that the coral rock wall originally was built without permit. There was a question the zoning board as to the wall. Dr. Tardiff has produced a permit for the wall which was apparently obtained prior to the construction but there was something to do with the height of the wall that went - height of the entry or something with the Zoning Board. We had to go for a variance. I apologize for the Commission... Mayor Suarez: Anything else, Stanley, do you have an idea what we can do here Commissioners, anybody, before we hear - Doctor, you want to say something very briefly? Mr. Tardiff: I would like to show you some pictures... Mayor Suarez: Pictures? Mr. Tardiff: I'm sorry, Mr. Mayor, I was being spoken to. Mayor Suarez: We all live, work, travel, spend a lot of time around that area, we know quite well how it looks and we've seen more pictures tonight than we've ever seen in one matter of this magnitude. Mr. Tardiff: There is a permit on file with the City of Miami now with an Intent to approve the permit. The permit outlines the dock to be reduced to 25 feet and it outlines that the northern pier would be flipped to the south side. I can pick my catamarans, the large cruising catamarans out of the water at 25 feet. It it a hardship, I have pictures documenting it which I won't go into if you don't want me to. But I have a demonstration on the pictures where I can show you that currently on - Mr. Mayor, Mr. Mayor, I can show you that currently, I have a picture to demonstrate, I can lift the 37 foot catamaran at 25 feet. I can lift it on its keel. If I do, I'm 10 feet from L'Hermitage's property line and, of course, the boat doesn't shrink, it's 37 feet out. And that's perfectly OK. I can build it at 25 feet. I'll have to use to anchor ropes to lower the boat back to 25 feet. It'll be a hardship for we to do that, but I'll manage it somehow. L'Hermitage though will then look at my cruising catamaran 10 feet from their property line going out 37 and a half feet because that's the size of the boat. I want the Commission to know... Mayor Suarez: Size of the boat is the least of our concerns. Mr. Tardiff: No, no, it's no concern to me either. I just wanted to be known to the Commission that I can lift it and the result of not being able to have the northern pier will, according to the plan, the boat will be lifted up 10 feet from L'Hermitage's property and that's perfectly OK with me and, Mr. Plummer, your idea of April 15th is perfectly OK with me too. That's fine, I have no problem with that whatsoever. I do not want to keep Tornados on my property, only except if the Sailing Center can't take them and if the bottom line... 107 January 28, 1988 is that these Olympic contestants have to go home, leave the State of Florida, or I put them in the water, that the only reason I want to put them in. Mayor Suarez: We love them to death, but this hearing has absolutely nothing to do about it. I have a proposal from the City Attorney to grant a variance until April, presumably that is April, what, 15th? It is subject to: one, removal bond, counsel, two, insurance policy with the City, as additional named insured. I guess it is against the possibility that there will be any damage, or any... Mrs. Dougherty: Any third party claims against the City. Mayor Suarez: ... third party claims, or accidents, or whatever, and three, safety inspections. And then you have, we don't give special events permits. Mr. Rodriguez: Right. Mayor Suarez: Special events permits to do what? Mr. Rodriguez: They apply for a class "B" to conduct special events in the property, the regatta, and the class "B" was turned down by the zoning administrator. Mr. Price: That is not correct. Mr. Rodriguez: I have been told by the staff... Mr. Price: The zoning administrator approved it. We walked out of his room, we shook hands, the reason the permit was not issued, is that the City Attorney, at 4:30 P.M. on a Friday afternoon, required us to furnish the City with $1.000,000 worth of insurance by 5:00 o'clock. That is the reason it was turned down, we weren't able to meet that requirement. I think the C%ty Attorney's recommendation is fair, but I also think the amount of insurance should be fair, and I'd like to hear a proposal to see how we could react to Lt. Mrs. Dougherty: And I'd still suggest $1,000,000. Mr. Rodriguez: I have been told that the class "B" permit had been turned down. Mr. Plummer: Well, it was turned down because they didn't provide the Insurance. Mr. Rodriguez: Whatever, but, what I am trying to tell you, if the class "B" permit is turned down, the proper procedure is that is appealed to the Zoning Board and then after that, can be appealed to the City Commission. Mr. Price: We have withdrawn that request, so it is scoot. The permit was not issued. It was not issued because the zoning administrator turned it down Is that we were unable to meet one of the conditions in a half an hour. Mayor Suarez: I am not even sure what the regatta has to do with what we are deciding today. Mr. Price% Mr. Mayor... Mayor Suarez: I mean, if we allow the docks... Mr. Dawkins: Mr. Mayor, Mr. Plummer is getting ready to make a motion, let him make a motion, or do something, so we can get out of here. Mayor Suarez: ... until April 15th... Mr. Dawkins: Go ahead, Mr. Plummer. Mayor Suarez: ... what difference does it make what they do with it, I mean, that's a whole separate procedure, Stanley. OK, you have a... Mr. Plummer: There's a question to the neighbors. If we were to go with a proposal that guarantees that nothing beyond April 15th, do you have a serious objection to that? 108 January 28, 1998 • 0 Unidentified Speaker: And then what, after April? Mr. Plummer: Then by April 15th, he has to tear down and comply with every regulation there is. And if he doesn't we'll do it for him and put a lien against his property. Now, you know, I mean, to me that is the easiest way to resolve the matter. Anybody got any objection to that? You have an objection? Unidentified Speaker: No, I have no objection. I'd just make one clarification though, to make sure they were clear on this, that is must be removed by the 15th, or that he starts the removing on the 15th? I don't think we were clear on that. Mr. Plummer: What's fair? Mrs. Doughherty: What is the regatta? Mr. Price: A little more than ten days. Mr. Tardiff: The last regatta is the 14th, 15th of April. Mr. Dawkins: By Ma;15th. Mayor Suarez: Right, April 15th you begin, you must finish by May 15th, as Commissioner Dawkins has suggested. Mr. Price: That's fine. Mr. Plummer: Well, OK, and have it... OK, fine. No, I want to attach one other... you have got to have the contracts for the work to be done by the 15th of April... by the 15th... Mr. Price: That's fine. Mr. Plummer: ... the work done by May 15th. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Plummer: Yes, sir. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Not relevant to this hearing. I'm sorry. If anyone wants to do anything about L'Hermitage, you can do that by other procedures. Mr. Plummer: All right, then I would make a motion at this time that we grant a variance until April 15th, with the provisions outlined by the City Attorney and that the doctor must have contracts signed to do the work and to make him In compliance with the present regulations, signed contracts by the 15th of April, work to be completed by May the 15th, and that at no time thereafter, will he ever hold any kind of regatta on his property. If not... the City, he agrees to allow the City to come in and affect the work to be done, he either pays the bill, or a lien will be placed against his property for such work. Mayor Suarez: Moved and seconded. Mrs. Dougherty: And by what time do they have to submit these insurance policies and the bond? Mr. Plummer: Well, what's reasonable, 10 days? Mrs. Dougherty: When is the next regatta? Mr. Plummer: When is the next regatta? Mr. Tardiff: Saturday. Mr. Plummer: Well, you see, now I've got a problem. You've got to do it tomorrow, and I'll tell you why, because this gentlemen's statement an the record, about the unsafe conditions. That's got me worried. 109 January 28, 1988 Mr. Price: We have a certification, which we will be happy to furnish him, but we will... Mr. Plummer: Hey, it gives you all day tomorrow. Mr. Tardiff: We have a certification by our qualified engineers. Mr. Plummer: I'm telling you that you have got to get $1,000,000 worth of insurance. Mr. Tardiff: What does such a thing cost? Mr. Plummer: I have no idea... a whole lot, I'm sure! Mayor Suarez: Doctor, you are not getting the drift of these proceedings. We are about to tell you to tear these things within 15 minutes of this hearing, unless we get an agreement within one minute of nowl Stanley? Mr. Price: if we can't do it, we understand that we cannot get the permits for this weekend. Mrs. Dougherty: And -you will not hold the regatta this weekend. Mr. Price: That's right. Mrs. Dougherty: OK. Mr. Price: Can I just ask one further thing, Mr. Mayor? Mr. Tardiff: (OFF MIKE) If it is exorbitantly expensive, I can't do it. Mr. Price: You say you can't? Mayor Suarez: Please. We are not interested, doctor, if it is exorbitant, or not. We are not even interested in the regatta, at this point. Yes. Mr. Price: If I may, can I respectfully request the Commission to ask the City Attorney to appear at the court hearing. We will stipulate into the record, subject to contempt of court, that these were the conditions imposed by the City Commission. Mayor Suarez: Why do you need more than what we have just have done? Mr. Pierce: Because we have asked for a stay of the Code Enforcement Board at $250 a day. The court has granted that, subject to a hearing on the... Mayor Suarez: Do you have any problems, Mr. Manager, having a City attorney to explain the proceedings that took place here today? Mr. Odic: I'll have to ask her that. Mrs. Dougherty: No. we'll appear so long as we get all of the stipulated things that we need. Mr. Plummer: But, you understand, if you don't get that insurance policy, no regatta. Mr. Rodriguez: May I say something on the record. You cannot make a decision on the regatta. The decision on the regatta is a class "B" permit that has to be granted by the zoning administrator, and it requires appeal period of so -- suny days, during which he cannot hold any regatta. So, the regatta for Saturday, I think they can kiss it good -by, at this point. Mr. Price: In all due respect, we do not need a class "B" permit to invite - people onto our property, to use our docks. Mayor Suarez: But, Stanley, you agree that tonight we should not have to decide that, because that is not the issue before us. The motion has to do with whether the docks can stay there, or not, and then what you can do about your regatta, other than the insurance, which was built into the motion, is that legal to build that into the motion, even though we don't decide whether he can have a regatta or not? 110 January 28, 1988 Mr. Plummer: We can build anything into a variance. Mayor Suarez: That's what I want to make sure. Mrs. Dougherty: I didn't hear the question, I'm sorry. Mayor Suarez: He could build into a motion on a variance on the size of the docks of the insurance in case he can otherwise fulfill the requirements for a regatta. Mrs. Dougherty: Yes, but I understand that they have committed, and Dr. Tardiff has committed on the record, not to hold that regatta this Saturday, If you don't have the insurance. Is that correct? Mayor Suarez: That's certainly part of the motion. Mr. Plummer: You bet! Mrs. Dougherty: Is that correct? Mr. Plummer: There.`is no way I am going to make a motion to allow people to go on a so-called unsafe dock without $1,000,000 worth of liability. No way! Mayor Suarez: We can make that a requirement of the motion as to the zoning Issue before us, Madam City Attorney? Mrs. Kennedy: He cannot have it without the class "B" permit, anyway. Mayor Suarez: But, that's another... that his problem to solve, not ours. You can make that a requirement of the motion... UNIDENTIFIED SPEAKER: I don't understand. Mayor Suarez:... on the issue before us. Mr. Price: (OFF MIKE) No insurance, no regatta. Mr. Rosenberg: I would also recommend that you have somebody there to enforce It on Saturday, whether by police or City officials. Mayor Suarez: Please, please! Madam City Attorney, can we make that a requirement of the motion as we have done? Mrs. Dougherty: Yes, as a safety issue, you can, but at the same time, you... what I am hearing is, that he will not grant the permit. Mr. Rodriguez: No, what I am telling you is, the class "B" was denied, there Is an appeal period of so many days in which anybody can appeal that decision. During that period of time, he cannot hold any events. Mrs. Kennedy: There is no time for that. Mayor Suarez: But that is a separate issue. We can't decide that tonight. That's not even before us tonight. Mr. Rodriguez: But in the motion it has been discussed several times the regatta this weekend, and I have to mention that on the record. Mr. Plummer: So the appeal period is 15 days. Mr. Rodriguez: It will be 15 days, yes. Mr. Plummer: All right, so what you are saying is, that if the .permit is Issued, he cannot have any function for 15 days, regardless, and we can't waive that. Mayor Suarez: All right, he is saying that he is going to follow, pursue other legal proceedings, because he thinks he can do it, well, we will see on that issue, but that is not before us, just docks are before us. Mr. Plummer: No, no, no, got a problem! ill January 28, 1988 Mrs. Dougherty: It is not a problem. Mr. Plummer: Hope. Hey, we are trying to bring this man in compliance with all rules and regulations. Now, if in fact, he were to get a stay in court, allowing him to have this regatta on this Saturday, contesting the 15 days, then what happens with the insurance? Mayor Suarez: He would still have to come up with the insurance, because otherwise, he cannot have the docks which with to have the regatta. That's what we are deciding here tonight. UNIDENTIFIED SPEAKER (OFF MIKE) He'll ask for a stay in the whole. Mayor Suarez: Well, if the court gives them a stay on the whole thing, and stayed, what can we do? Mr. Tardiff: I am not understanding this. I don't know what is going on. Mr. Price: If you don't have insurance by tomorrow, you can't have your event on Saturday. Do you understand that? Mayor Suarez: OK, we have a motion. Do we have a second on that motion?... otherwise, we will never get out of here tonight. Mrs. Kennedy: We have a second, Commissioner Dawkins. Mayor Suarez: The motion is to... Mrs. Dougherty: Forget it. Mayor Suarez: To forget it? I'll second that motion! Madam City Attorney, please, or Sergio, see if you can phrase that motion that was made by Commissioner Plummer, without stating that he cannot have a regatta, because that is a whole different proceeding. Mr. Rodriguez: I'll leave it to Commissioner Plummer. I'm sorry, I missed the... Mr. Plummer: How come always you want to put words in my mouth, but tonight you don't want to? Mr. Mayor, my motion is, to grant a variance until the 15th of April, with the provisions that by the 15th of April, contracts will be signed to bring this subject property into full compliance with all existing zoning regulations, with work to be completed no later than May 15th. They must have safety inspections. They must have a $1,000,000 liability Insurance policy indemnifying the City, so that we are not considered a third party. Mayor Suarez: For any use of those docks? Mr. Plummer: That subject property. Mayor Suarez: Might. Not relating at all to regattas, that is a whole different issue that you've got to get approval. Mr. Plummer: And the final thing is that if the doctor fails for whatever reasons to comply with those regulations, he gives the City the right to Immediately go in, affect the work to be done, and either he will pay the bill, or we place a lien against the property. Mrs. Dougherty: And he also submits a performance bond, or a removal bond to that effect. Mr. Plummer: That's correct. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mrs. Dougherty: And shall be submitted within ten days from now. Mr. Plummer: Whatever amount In set by Public Works. Mayor Suarez: So moved. Do we have a second? 112 January 28, 1988 0 & Mr. Dawkins: Second. Mayor Suarez: Seconded. Any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 86-107 A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND GRANTING A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 20, SECTION 2024, SUBSECTIONS 2024.1.3 AND 2024.10, TO PERMIT AN EXISTING DOCK AND CATWALKS WHICH EXTEND 37.75 FEET INTO BISCAYNE BAY (25 FEET EXTENSION ALLOWED) FOR PROPERTY LOCATED AT 3590 CRYSTAL VIEW COURT, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE AND PROVIDING A 1.5 FOOT SIDE SETBACK FROM THE PROPERTY LINE (23.7 FEET SIDE SETBACK REQUIRED); ZONED RS-2/2 ONE FAMILY DETACHED. RESIDENTIAL, FOR A PERIOD OF TIME TO EXPIRE ON APRIL 15, 1988, SUBJECT TO ALL OF THE FOLLOWING CONDITIONS SEVERAL OF WHICH [(a), (b) and (c)j MUST BE MET PRIOR TO THE USE OF THE STRUCTURE IN QUESTION AND IN NO EVENT LATER THAN TEN (10) DAYS FROM JANUARY 28, 1986; (a) THE STRUCTURE SHALL PASS A SAFETY INSPECTION PERFORMED BY OR ACCEPTABLE TO THE CITY OF MIAMI; (b) THE PROPERTY OWNER SHALL CARRY A COMPREHENSIVE GENERAL LIABILITY INSURANCE POLICY OF AT LEAST $ 1 MILLION FOR BODILY INJURY AND PROPERTY DAMAGE, WITH THE CITY OF MIAMI BEING NAMED AS AN ADDITIONAL INSURED, VITH AN INSURANCE CARRIER AND IN A FORM ACCEPTABLE TO THE CITY; (c) THE PROPERTY OWNER SHALL POST A PERFORMANCE AND REMOVAL BOND IN AN AMOUNT REQUIRED BY THE CITY MANAGER AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO COVER THE COST OF REMOVAL OF THE STRUCTURE IN ACCORDANCE WITH THIS VARIANCE AND TO GUARANTEE PERFORMANCE OF THE CONDITIONS OF THIS VARIANCE; (d) THE PROPERTY OWNER SHALL CEASE USE OF THE STRUCTURE AND SHALL COMMENCE REMOVAL OF THE STRUCTURE NO LATER THAN APRIL 15, 1988 AND SHALL COMPLETE REMOVAL ON OR BEFORE MAY 15, 1988; (e) THE PROPERTY OWNER SHALL INDEMNIFY CITY AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES OR CAUSES OF ACTION, OF ANY NATURE WHATSOEVER ARISING OUT OF THE GRANTING OF THIS VARIANCE OR OUT OF THE CONSTRUCTION, MAINTENANCE, USE OR REMOVAL OF THE STRUCTURE; AND, (f) IN THE EVENT PROPERTY OWNER FAILS TO COMPLY WITH CONDITIONS OF THIS VARIANCE, CITY MAY CAUSE THE REMOVAL OF THE STRUCTURE AND IMPOSE THE COST THEREOF AS A LIEN AGAINST THE PROPERTY ENFORCEABLE AS A LIEN PROVIDED FOR UNDER THE FLORIDA STATUTES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted by the following vote: AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: Commissioner Victor De Yurre ABSENT: None. Mayor Suarez: It is either that, or we make a motion right now to tear down the docks, so... 113 January 28, 1988 Mrs. Kennedy: That's right, to deny the whole thing. 30 A) EMERGENCY ORDINANCE: ESTABLISH PROJECT "GOLDEN ARMS ACQUISITION". B) AUTHORIZE ACQUISITION IN LIEU OF CONDEMNATION OF GOLDEN ARMS PROPERTY. Mayor Suarez: Do you want to entertain the motion, someone from the Manager's office, or the City Attorney's office on the Golden Arms purchase? That is non -controversial, right? (LAUGHTER) Mayor Suarez: No? You don't want us to appropriate the money and try to buy those properties? THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY TITLE ONLY. Mrs. Dougherty: You need a motion and a second. Mrs. Kennedy: Move it. Mayor Suarez: Why did you say it was controversial? You said it was not controversial? Unidentified Speaker: Not controversial. Mayor Suarez: Ne have a motion and a second. The ordinance has been read. Ms. Hirai: I don't have a second. Mayor Suarez: It has been read and everything and now please call the roll. Ms. Hirai: Mr. Mayor, I need a motion and a second. I couldn't hear it. A motion and a second, I need. Mrs. Kennedy: I move. Ms. Hirai: You moved it. Do you second? Mayor Suarez: Yes. Ms. Hirai: No. Mayor Suarez: To purchase the lots for Golden Arms. Me. Hirai: Commissioner Plummer, it is an emergency. I need four votes. Mrs. Dougherty: There is a resolution in connection with that too. Mayor Suarez: Doesn't the owner want to sell this property? Mrs. Dougherty: Mr. Mayor, there is also a resolution in connection with that, too. Mayor Suarez: Al, you are saying he wants to sell it for this amount. Right? Mrs. Kennedy: They don't want to sell? Mayor Suarez: He does want to sell. He does want to sell. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mayor Suarez: Hey, if he doesn't want to sell for this amount, I guarantee you this deal is not going to work. Very good. Ms. Hirai: I have a motion. Do I have a second? Mayor Suarez: I second. 114 January 28, 1988 Ms. Hirai: You second? Mr. Plummer: What is the motion? AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 10347, ADOPTED OCTOBER 22, 1987, THE CAPITAL APPROPRIATIONS ORDINANCE BY ESTABLISHING THE PROJECT ENTITLED "GOLDEN ARMS ACQUISITION PROJECT", PROJECT NO. 321036, IN THE AMOUNT OF $350,000 FROM INTEREST EARNINGS ON GENERAL OBLIGATION HOUSING BONDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Was introduced by Commissioner Kennedy and seconded by Mayor Suarez, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Mayor Suarez, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10379. -- 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. COMMENTS MADE AFTER FIRST ROLL CALL: = Mr. Plummer: For the record, this is the property that we are speaking of now, which is the dilapidated, abandoned apartments. UNIDENTIFIED SPEAKER: That's correct. Mr. Plummer: Correct? OK. Mayor Suarez: And this hopefully will bring to an end four years of -- litigation. Mr. Plummer: Oh no, this is just the start. COMMENTS MADE AFTER SECOND ROLL CALL: Mr. Plummer: Good night. Mr. Rodriguez: No, no, you have a resolution with this. Mr. Plummer: What? Mr. Rodriguez: In addition to the ordinance, you have a resolution. Mrs. Dougherty: It is a resolution authorizing the purchase of the property. 115 January 28, 1988 Mayor Suarez: OK, you don't have to read it? Mrs. Dougherty: I don't have to read it. Mayor Suarez: Will somebody stove it, quick? Mr. Plummer: Let we see it. Have negotiations been entered into with the owner? Mr. Odio: Yes. Mr. Plummer: Is he willing to sell? Mr. Odio: Yes. Mrs. Kennedy: Is he here tonight? Mr. Plummer: Have it. Mrs. Kennedy: As long as it's negotiated. Second. Mr. Odio: We got a deal. Mayor Suarez: Moved and seconded. Call the roll. If he is not willing to sell it, I guarantee the motion will have no effect. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 88-108 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACQUIRE BY NEGOTIATION IN LIEU OF CONDEMNATION TWO LOTS, LEGALLY DESCRIBED AS LOTS 7 AND S. BLOCK ". NEW SHENANDOAH, AS RECORDED IN PLAT BOOK 10 OF PAGE 55 OF THE PUBLIC RECORDS OF DADE COMM, A/K/A/ GOLDEN ARMS, AND OWNED BY ONE OHNER FOR FUTURE PUBLIC USE; COST OF ACQUISITION TO BE PROVIDED FROM THE 1988 CAPITAL IMPROVEMENT PROJECT NO. 321036, "GOLDEN ARMS - PROPERTY ACQUISITION". (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 Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 116 January 28, 1988 - — --------------- — -------------------------------------------------- — ------ 31. (CONTINUED DISCUSSION) AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE PLAN DESIGNATION OF PROPERTY AT 3616-3638 NW 23RD AVENUE. (APPLICANT: CONSIGNMENT AUTO SALES, INC.) (NOTE: THIS ITEM HAD BEEN PREVIOUSLY CONTINUED BY MOTION 88-101) (See labels 15 and 32.) Mayor Suarez: Nov, P2-5 had been an item that you had wanted postponed. Counselor is telling me it is not controversial, that he wasn't here at the time. I don't even know what the item is. Mrs. Dougherty: Mr. Mayor. Mr. Plummer: Well, the problem with 5 was, that they didn't surrender the covenant to the City Attorney. Mrs. Dougherty: We have it now. Mr. Plummer: Are you satisfied? Mrs. Dougherty: Yes, sir. Mr. Plummer: Are we in any kind of a bind with any objectors that might have been here, who have been told that it was deferred? Mrs. Dougherty: We are... Mayor Suarez: We didn't defer it, I don't think, did we? Mr. Rodriguez: You deferred it to the next meeting. Mayor Suarez: We did defer it. I don't think we can vote on it. Mr. Plummer: We did defer it. Mr. Mark Valentine: What happened, is that the covenant, there was a concern about the neighbors, that we not have an... Mayor Suarez: Wait, procedurally, can we even vote on it, if we have announced that we are deferring it? Mrs. Dougherty: The answer is yes. Mr. Valentine: What happened is that the neighbors... Mr. Plummer: Is this first reading? Mr. Valentine: No, second reading. The only issue that was raised by the neighbors is that we not have an ingress or egress onto 23rd Avenue, and that..... Mr. Plummer: No, that's not true. There was more than that, about trees.... Mr. Valentine: No, well, that is in the covenant also. There is landscaping, there is an eight foot concrete wall, and there is no ingress or egress onto 23rd Avenue. Mr. Plummer: Madam City Attorney, it is second reading. It is 30 days before It becomes law. If any one of the objectors, objects, can we reopen the Issue? Mrs. Dougherty: Yes, sir. Mr. Plummer: I move item 5. You are satisfied with the covenant? Mrs. Dougherty: Yes, sir. Mr. Plummer: I move item 5 be approved... Mr. Dawkins: Second. 117 January 28, 1988 Mr. PI too r:... subject to any of the objectors who make an objection in writing to the City !tanager, the matter would be reopened. Mr. Valentine: That's fine. Mayor Suarez: Moved and seconded with that modification. Mr. Valentine: That's fine. Mayor Suarez: If it isn't, you are really in trouble then. Call the roll. Read the ordinance. AN ORDINANCE - AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR PROPERTY LOCATED AT APPROXIMATELY 35616-3638 NORTHWEST 23RD AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE/DENSITY RESIDENTIAL TO GENERAL COMMERCIAL USE; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987, was taken up for its second and final reading by title and adoption. On notion of Commissioner Plummer, seconded by Commissioner Dawkins, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. - ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10380. 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. 32. SECOND READING ORDINANCE: AMEND ZONING ATLAS AT 3616-36238 Nil 23RD AVENUE. (APPLICANT: CONSIGNMENT AUTO SALES, INC.) (NOTE: THIS ITEM HAD BEEN PREVIOUSLY CONTINUED BY MOTION 88-101.) See labels 15 and 31.) Mrs. Kennedy: PZ-6 is a companion. Mr. Mark Valentine: This Is a companion item number 6 on that, as well. Mrs. Kennedy: Yes. Mayor Suarez: We need a motion on item PZ-27, extending the moratorium on impact fees. Mr. Rodriguez: Mr. Mayor... Mr. Valentine: No, there is a 6. Mrs. Kennedy: PZ-6 is a companion item to 5. Mr. Valentine: Right. Mayor Suarez: I entertain a motion on PZ-6. 118 January 28, 1988 Mrs. Kennedy: You want to move 6? You moved S. Mr. Plummer: Vhat? Mayor Suarez: It is a companion to PZ-5. Mrs. Kennedy: Move 6. Mr. Plummer: Have it. Mayor Suarez: Moved and seconded. Any discussion? Do we have to read the ordinance? AN ORDINANCE - AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3616-36 NORTHWEST 23RD AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG- 2/4 GENERAL RESIDENTIAL TO CG-1/7 GENERAL COMMERCIAL BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 19 OF SAID ZONING ATLAS MADE A PART OF ORDINANCE N0. 9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of December 10, 1987, was taken up for its second and final reading by title and adoption. On motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10381. The City Attorney read the ordinance into the public record and announced that copies were available to the mesbers of the City Commission and to the public. 33. EMERGENCY ORDINANCE: EXTEND MORATORIUM ON COLLECTION OF IMPACT FEES. Mayor Suarez: I entertain a motion to continue the moratorium on impact fees until... Mrs. Kennedy: Move it. Mayor Suarez: Moved and seconded. Mr. Plummer: Move it, until when? Mayor Suarez: Until the next Planning and Zoning agenda. Mrs. Dougherty: No, no, until April 30th. Mr. Rodriguez: No, April 30, 1988. 119 January 28, 1988 Mr. Plummer: Why April instead of February? Mr. Rodriguez: So it will give you a chance for two readings on the amendment to the ordinance. Mrs. Dougherty: Just to give you a chance. Mr. Plummer: That's fine. Mayor Suarez: So moved. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE EXTENDING THE MORATORIUM ON THE COLLECTION OF IMPACT FEES AS ORIGINALLY PROPOSED PURSUANT TO ORDINANCE NO. 10273 ADOPTED MAY 28, 1987 TO LAST UNTIL APRIL 30, 1988. Was introduced by Commissioner Kennedy and seconded by Commissioner Plummer, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. Whereupon the Commission on motion of Commissioner Kennedy and seconded by Commissioner Plummer, adopted said ordinance by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10382. 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. 34. DISCUSSION AND CONTINUANCE OF APPEAL BY EXXON CORPORATION OF ZONING BOARD'S DENIAL OF SPECIAL EXCEPTION TO PERMIT REDUCTION OF TRANSITIONAL AREA REQUIRED TO RECONSTRUCT A GAS STATION. Mayor Suarez: PZ-249 is that what you are up here for? Mr. Neil Robertson: Just don't want you to leave town. Mayor Suarez: Commissioners? How much time would this Commission be willing to allocate for PZ-24 before we even consider getting into it? Mr. Plummer: Mr. Mayor, I had a commitment at 9:30 P.M. I've stayed until the end of this item, which is our policy. Our policy is the last item at _ 9:00 P.M. In the last item. I am sure this item will take an hour, no question in my mind. 120 January 28, 1988 ZINIDENTIFIED SPEAKER: Six minutes. Mr. Plummer: That's you. They are going to want time. INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD. Mr. Robertson: Vait a minute, the people in favor, I believe, are simply the hired attorneys and people that are on salaries to sit here for five hours. The people that are opposed represent citizens in Morningside and children from Christian School sat here for five hours, listening to all this, and were never told that there was any chance we weren't going to be heard. At 9:00 o'clock, you could have done us the courtesy of telling us that. Now, I can turn out these people, but I can't turn out this many again, I can't just ask people to bring their children out for another evening for five hours and I don't think it is fair for people like myself, who left work early today, and missed an opportunity... yes, I am a lawyer, but I am not billing to be here. Mayor Suarers That is the eternal problem with these hearings. Let me tell you, I have no problem listening to your remarks, and those of anyone else that is here, for a few minutes, because, you know, at least for the record, I did not see the kids, I was told that there were kids here. Mr. Plummer: For the record I'll stay 15 minutes more. Then I've got to go. Mr. Dawkins: Let's hear from, and then let's go. Mr. Plummer: 15 minutes. Mayor Suarez: And if we don't complete the hearing, it can be extended, but all of the remarks and all of the statements made are in the record and you have been heard on them. Counselor, go ahead and approach the mike. Mr. Jack Finkleman: Mr. Mayor, Jack Finkleman. I am not at 1401 Brickell Avenue. If I may suggest, if the people who are speaking in opposition, wish, as I said, six or ten minutes, to state their opinions, it might be worthwhile to have them do that while they are here and I would be happy to return when It is a more convenient time, so that I can express my client's position without limitations upon their children and their spouses. I think I will require approximately 20 minutes, although I cannot be certain, and I am certainly happy to come back at a different time, but I don't want to take the unreasonable position, if it is going to impose upon woman and children that came to speak tonight. Mayor Suarez: Vell, we, I could guarantee you that from what I hear from the _ Commission, we are not going to have a quorum here for the full amount of time, so I'd like to hear from those that cannot stay and particularly, the objectors who were not being paid to appear here, and I appreciate your offer on that score. Mr. Plummer: Let me just make the record clear from the very beginning. Have the objectors... are they aware of all of the covenants that they have proffered, the proponents? Mr. Finkleman: We had a meeting this morning and negotiations have gotten nowhere. We have met repeatedly. Mr. Plummer: Tou have read the covenant? Mr. Robertson: I personally have not, but people from Morningside have. I object to the procedure about the and I just want to state that, because what is happening here, is that Exxon is going to come back down again, and it Is simply a procedure of wearing down the neighborhood and seeing who shows up next. Mayor Suarez: No, I don't think so. I don't think so. I think we will get this matter totally resolved at the meeting. This is the first time that we contemplated, or considered it and we are interested in the opinions of anyone who may not be able to come back. Mr. Plummer: Mr. Mayor, for the record, I would like in the future, in fairness to these people and us, that it be on every agenda at the start and at the and, that the Commission policy is that the last item at 9:00 o'clock In the last item. 121 January 28, 1988 Ms. Hirai: That is on the agenda, Commissioner. Mr. Rodriguez: It is on the agenda, written on the agenda. Mr. Plummer: OK. Mr. Robertson: I will keep my comments very brief, then. My name is Neil Robertson, I live at 567 NE S7th Street. I am the president of the Morningside Civic Association. We have discussed this matter at great length at board meetings, we have discussed this with our neighbors. I specifically asked board members to go out and ask their neighbors what their opinion was, as to what Exxon had planned for the property in question. The consensus, throughout the community, is that this zoning variance should not be granted. We understand that they can have a commercial property there. We also understand that they need the zoning variance to do what they want to do, therefore, we are opposing the zoning variance. Their plan is to remove a full service gas station. We asked them not to do that. When they lost in the first round, they did that anyway, they removed all the tools and the mechanics from the property, and they simply pumped gas there. OK, we can't keep them from doing that, but we urge you and the board has voted and the board has asked we to come here and tell you that we object to their converting this into yet another facility to sell beer and wine on Biscayne Boulevard. One of the people here today showed me a survey that he had gone up and down the boulevard within a mile of this location. Then are ten or eleven locations already that sell beer and wine. Exxon keeps saying: "We are In the gas business, but we just want to sell a few convenience items." Fine, let them stay in the gas business, and they can sell all the gasoline they want, but we do not want yet another location on the boulevard selling the sort of things that is going to attract the derelicts and the ne'er-do-wells, that we are having a hard enough time within our community. If I might just say one additional comment as far as Cushman School, which is right across the street, they will make their own representation, but it is very important that we keep this sort of situation away from those kids. Currently, we have a filling station there, with a number of employees that keep the property in very good condition. Their proposal will have one person in a pillbox, looking out, and taking cash through a drawer, because they are so afraid of the neighborhood, they won't go out. Well, they are contributing to that lessening of the neighborhood, and we would appreciate your rejecting this and following the recommendations of your zoning board. Rev. Carl Theele: My name is Carl Theele, I live at S911 NE 6th Avenue, I have given you each a sheet, which lists the convenience stores near the Exxon station. I could speak about the morality of the issue, I won't. I do present a sheet shoving you that there is no need for another convenience store within the community and whether there is anyone on the Commission - I hope there isn't, who would want such a convenience store as the Exxon station is proposing. That would bother so. In fact, I don't understand how Exxon officials can still want such an establishment on the boulevard, when there is already the proof that it is not needed. Nov, I think the only thing that the Exxon people will understand, is a big "no" from the City Commission, and I hope you will vote that with regards to this resolution. Thank you. Mayor Suarez: Thank you, Reverend. Dr. Joan Lockhelm: I an Dr. Joan Lockheim, the principal of the Christian School, when has been at its present location for 64 years. We are in an Integrated neighborhood, we have an integrated school, and we are very, very conscious of that. We want to keep the neighborhood up, and there has been a big change in the neighborhood. We are the red triangle there. We have 245 students, and every single parent is in opposition to this. My students have brought petitions that the people who are unable to be here tonight have signed. Some of them live in the neighborhood, some of them bring their children in, and we realize that Exxon has the ability to build them without the setback. Mayor Suarez: We have a saying here, it is unfair to bring kids of this age to try to influence this. Dr. Lockheim: Well, I know, but no, they came out early. These survived, a lot of our people went home, as you know, because you saw them earlier tonight. But, you know, we realize that Exxon can do that, because it is 122 January 28, 1988 toned, to let them build a convenience store, without passing the variance they are asking for, but I don't think we have to make it easy for them to do something in the neighborhood that everyone opposes. When you look at that area right now, it is about a ten block area that has really come back a lot In the past three or four years. This will not add to that. It is going to make it worse, and I obviously, because the school is there, we are very concerned. Our children can look right across the street to whatever activity is going on in that Exxon station. Right now, it is very nice, it is clean. People come in, they get their gas, they leave. No one is hanging around and I don't have to spend all day out there chasing the hookers and drug dealers as I did when I first came to the school five years ago, so I would appreciate It if you would listen to your planning and toning board. Thank you, very much. Mayor Suarez: Thank you, doctor. Mr. Jim Angleton: Good evening, Jim Angleton, president of Greater Biscayne Boulevard Chamber of Commerce. It's late, so I won't say a lot. We oppose this appeal. We oppose it, we are the ones who live and work in the area. We - do not believe that in the past the Exxon has showed us that they care about our community. We believe that they are large corporation out of our area, and they don't care. Nov, we have met many times with Mr. Finkleman, Jack - Finkleman, who we have a lot of regard for; however, they won't compromise the way we would like them to compromise, so at this time, we the Chamber, don't wish for any compromise. We ask that the board please reject this appeal. If It comes back again, and Mr. Finkleman comes back again, please invite us back, because we'd like to talk again. Mayor Suarez: You will be here whether we invite you back or not. Mr. Angleton: Thank you, Mayor. ■ Mr. Jerry Lance: Mr. Mayor, Jerry Lance I live at 246 NE 102 Street, Miami Shores. I have a first year college student who attended "K" through six at Cushman. I have a senior at _ who attended "K" through six and I now have a second grader at Cushman, that I want to be able to finish "K" through 6. I also own property at 248 HE 59th Street in the City of Miami. I also own property at 855 NE Miami Avenue in the City of Miami. One of my major concerns is, I not only come out of the school, or my wife comes out of the school at the exit of Biscayne Boulevard, on the lower side, with the exit of 30 people at Exxon, onto the boulevard, which they can shoot out, and especially, if they have flipped a beer, or opened a bottle of wine, which I think that we are enticing people to do, and actually breaking the law, if they do drive in there, they can pick up a six pack, which I think is wrong, and I think this City Commission would be against. Also when you pull out on Biscayne Boulevard at 59th Street, it is bad enough now, pulling out on Biscayne Boulevard, trying to make a left hand turn at that intersection _ without having somebody who had possibly had been drinking at that particular time. I think there is enough problems in the particular area, you are well aware of. Leave the gas station as it is. Let them go ahead and put in the mechanic base, because there is enough people right now that don't know how to service their cars, and I am sure Exxon could make more money having a mechanic base there than they could, having a quick service stop there. Thank you much. Mayor Suarez: I entertain a motion to continue this particular item. Yes, sir. Mr. Dawkins: Go ahead, young fellow. Mr. Spencer Weisberg: My name is Spencer Weisberg, and I live at 5970 NE 6th Court, and I don't think they should sell beer and wine because drunk people throw cans and empty bottles, cans, on our street. Mayor Suarez: But you will buy your gasoline there, right? Ms. Sara Beatty Cushman: Just one more. My name is Sara Beatty Cushman. I live at 589 NE 57th Street, it is also known as the Cushman residence and part of the community. All I have to say is that I object the Exxon station being able to sell wine and beer. 123 January 28, 1968 Mayor Suarez: Thank you for your statement. We will carry all of these over on the record to the next hearing date. Rev. Carl Theele: Carl Theele, 59th Street and 6th Avenue. I want to commend the Commission and the Mayor for the concern you have expressed during this whole meeting, I've been here since 5:15 P.M. about zoning regulations within the City. The problem that you are having with Dr. Tardiff, is a problem that I could duplicate at least three locations within my neighborhood, and I hope the City Commission and the Zoning Enforcement Board will begin to do something about these problems, as you have with Dr. Tardiff. Mayor Suarez: Thank you, Reverend. Mr. Dawkins: We've got one sore, Mr. Mayor. Mayor Suarez: And keep the correspondence coming. Keep the letters coming. Mr. Walter Harms: Walter Harms, 650 NE 60th Street. I oppose the convenience store that they plan to put in there. Up until about a year ago, they had a pair of telephones, public telephones, right on 60th Street, right next to the station, and from those telephones, cars parked on my property, run over my grass. I also speak for a neighbor who lives right next door to the service station. They have a high wall between the service station and his property - Delgado. He was unable to be here tonight. He is a tour director on a cruiser going down the Caribbean. Now, they have blocked his driveway, they ride over his lawn, and I see the same thing happening again if we have this station with a convenience store, that these people can do the same thing, even worse than what they were doing with the telephones. I thank you. Mayor Suarez: Thank you for your statement. 35. CONTINUE ALL AGENDA ITEMS NOT TAKEN UP THIS DATE TO FEBRUARY 25, 1988 AGENDA. Mayor Suarez: I entertain a motion to continue this particular item and all other items that we didn't get to today. Mrs. Kennedy: So move it. Mayor Suarez: So moved and seconded. Any discussion? Call the roll. That's until the meeting of Planning & Zoning in February. The following motion was introduced by Commissioner Kennedy, who moved its adoption: NOTION NO. 88-109 A MOTION CONTINUING AGENDA ITEM PZ-24 AS WELL AS ALL AGENDA ITEMS NOT TAKEN UP BY THE CITY COMMISSION ON THIS DAY TO THE MEETING PRESENTLY SCHEDULED FOR FEBRUARY 25, 1988. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Victor De Yurre Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice Mayor Rosario Kennedy Mayor Xavier L. Suarez NOES: None. ABSENT: None. 124 January 28, 1988 iti�tE BEING NO ruRTHn sOSDiESS To cmE wmRE THE on CommiSSion, THE !lEETItiG VAS •WOORKn AT 10:16 P.M. Xavier L. Suarez V A T O R •?TEST: Natty Hirai CITY C1aRK valter J. toaman ASSISTANT CITT CLURK 125 January 28, 1989 CITY OF MIAMI DOCUMENT INDEX munm m%m JANUARY 28, 1988 PAW 1 OF � V-- Cona N ACCEPT PLAT: PELICAN HARBOR PARK. 88-92 URGE VOTERS TO APPROVE SCHOOL BOND REFERUNDUM TO ACCEPT G.O. BOND - PROCEEDS FOR CONSTRUCTION OF AND IMPROVEMENT TO EDUCATIONAL FACILITIES. 88-93 DECLARE ONE SURPLUS CITY VEHICLE AS SURPLUS STOCK AND DONATE SAME TO UNITED TENANT COUNCIL FOR CRIME PREVENTION PURPOSES. 88-94 APPOINT RICHARD DUNN, PAT SKUBISH AND MANUEL ALONSO-POCH TO THE CITY OF MIAMI ZONING BOARD. 88-95 APPOINT WILFREDO GORT TO THE CITY OF MIAMI PLANNING ADVISORY BOARD. 88-96 GRANT APPEAL BY DEIDRE'S GROVE, INC. FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT CONSTRUCTION OF OFFICE BUILDING AT 3250 SOUTH DIXIE HIGHWAY AND 3271-3291 WEST TRADE AVENUE. 88-98 INSTRUCT PLANNING DEPARTMENT TO ENSURE THAT IN ALL FUTURE APPLICATIONS FOR CLASS "C" OR ANY OTHER DITY PERMITS THERE MUST BE FULL DISCLOSURE OF OWNERSHIP. 88-100 (A) RESCHEDULE FIRST COMMISSION MEETING IN FEBRUARY. (B) SCHEDULE PUBLIC HEARING ON PROPOSED ISSUANCE OF MASTER DEVELOPMENT ORDER AND INCREMENT ONE DEVELOPMENT ORDER FOR THE OVERTOWN/PARK WEST REDEVELOPMENT AREA. 88-103 GRANT REQUEST FOR AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS TO PERMIT A SURFACE PARKING LOT AT 2230- 2240 S.W. 16 71 STREET. (APPLICANT: GREENBERG, TRAURIG, ET AL.) 88-106 GRANT APPEAL FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO PERMIT EXISTING DOCK AND CATWALKS AT 3590 CRYSTAL VIEW COURT - WITH CERTAIN PROVISOS.(APPLICANT:JEFFREY TARDIFF). 88-107 AUTHORIZE ACQUISITION IN LIEU OF CONDEMNATION OF GOLDEN ARMS PROPERTY. 88=108