HomeMy WebLinkAboutO-10028C-85-514
6/12/85
ORDINANCE NO.Cj'�
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 55000 THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIbA, BY CHANGING THE
ZONING CLASSIFICATION OF LOT 1, CORNELIA M.
DAY'S SUS (3-16) FROM RG-2/5 GENERAL
RESIDENTIAL AND SPI=3 COCONUT GROVE MAJOR
STREETS OVERLAY DISTRICT TO R0-2.1/6
RESIDENTIAL -OFFICE ELIMINATING THE 8PI-3 AND
BY CHANGING THE ZONING CLASSIFICATION OF THE
SOUTH 1/2 OF 'LOT 12, LOT 13 AND LOT 14
CORNELIA M. DAY' S SUB ( 3-16 ) FROM RGy-1/3
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO
RO-2.1/6 RESIDENTIAL -OFFICE ALL OF SAID LOTS
BEING GENERALLY DESCRIBED AS 2701-03 DAY
AVENUE AND APPROXIMATELY 3191 CENTER ST RE8Tt
MIAMI, FLORIDA MAKING FINDINGS AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE N0, 46 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE
NO. 5500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miami Zoning Board, at its meeting of May 20,
1985, Item No. 2, following an advertised hearing, made a motion
to recommend approval of a change of zoning classification as
hereinafter set forth, which failed by a 4 to 3 vote, thus
constituting a RECOMMENDATION OF DENIAL.
WHEREAS, the City Commission after careful consideration of
this matter deems it advisable and in the best interest of the
E` general welfare of the City of Miami and its inhabitants,
notwithstanding the Zoning Board's recommendation of denial, to
grant this change of zoning classification as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Zoning Atlas of Ordinance No. 9500, the
y' zoning ordinance of the City of Miami, Florida, is hereby amended
i
by changing the zoning classification of approximately 2701•-03
Day Avenue, Miami, Florida, more particularly described as Lot
11 CORNELIA M. DAY's SUB (3---1.6) of the Public Records of Dade
County, Florida, from RG-2/5 General Residential and SPY-3
Coconut Grove Major Streets Overlay District to RO-2.1/6 Resi,
k
dential-Office elithinating the SPt-J and by changing the zoning
classification ofapproximately 1191 Center Street, Miami,
Flotida, more particularly described as the South 1/2 of Lot 12,
Lot 13 and Lot 14 CORNELIA M. DAY'S SUB (3-16) of the public
Records of Dade County, Florida, from RG-i/j General Residential
Gone and TWO -Family) to RO-.2.1/6 Residential -office.
section 2. it is hereby found that this zoning classifi-
cation change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) Is not contrary to the established land use pattern; .
(c) Will not create an isolated district unrelated to
adjacent and nearby districts;
(d) Is not out of scale with the needs of the neighborhood
or the City;
(e) Will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) Is necessary due to changed or changing conditions;
(g) Will not adversely influence living conditions in the
neighborhood;
(h) Will not create or excessively increase traffic
congestion or otherwise affect public safety;
_ (i) Will not create a drainage problem;
(j) Will not seriously reduce light and air to adjacent
area;
(k) Will not adversely affect property values in the
adjacent area;
(1) Will not be a deterrent to the improvement or develop-
ment of adjacent property in accord with existing
regulations;
(m) Will not constitute a grant of special privilege to an
individual owner as contrasted with protection of the
public welfare;
Section 3. Page No. 46 of the Zoning Atlas, made a part
of Ordinance No. 9500 by reference and description in Article 3,
Section 300 of said Ordinance, is hereby amended to reflect the
changes made necessary by these amendments.
Section 4. All ordinances, code sections, all parts
thereof in conflict herewith are hereby repealed insofar as they
W2-
5, 8hould any part or ptoVigiom of thig Ordi"
nand be dedlared by a dourt of dompetont jurisdiction to be
invalidt the game shall not affect the validity of the ordinance
at a thole.
PASSED ON P199T RgAOtNG BY TITLE ONLY this 20th day of
lute 1985.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 25th
clay of -- - jrujv_ —t 1985.
Maurice. A. Ferrg, — - -
MAURICE A. FERREO Mayor
EST:
RALPH G. ONGIE 4a."
City Clerk
PREPARED AND APPROVED BY:
G. MrRIAM MAER
Assistant,.C-y Attorney
APPR,0VED/-AS-,,,1`0/FORM. AND CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
GMM/wpc/pb/476 Cl.crk ',Nliami, Florida,
of 01C Citv Of
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said copv to
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W3-
ditt OP MIAMI, PL6AIbA
Il TMOFFICC MEh 014ANOUM
to Gloria Pox bAtt July 70 1987 PILE
Heating 80ards p� �r yy
SUBJECT Covenant -bay Center cbrp,
Ordinance No. 1002$ 7/25/AS
FROM (3, Miriam Maer REFERENCES
Assistant City Attorney
ENCLOSURES . (One)
Enclosed please find the original recorded Voluntary
Declaration of Restrictions in the above referenced matter.
GMM/rcl/p432
enclosure
cc: George V. Campbell
Public Works Department
Joseph A. Genuardi
Zoning Administrator
Matty Hirai
City Clerk
Guillermo Olmedillo
Planning Department
i�1 FAQ J3 P1I !
REfl3lBlec 376
DECLARATION OF RESTRICTIONS
KNOB' ALL MEN BY THESE PRESENTS
THAT the undersigned, DAY CENTER CORPoRATtbN, being the owner
of the fee gimple title to the property legally described as:
Lot 1, Lot 13, Lot 14 and the southern 1/2 of
Lot 12, all within the CORNELIA M. DAY
SUBDIVISION, recorded in Plat Book 3, at Page
16 of the Public Records of Dade County,
Florida,
mare the following voluntary Declaration of Restrictions hereby
covering and running with the above referenced property, specify-
ing that this Declaration shall constitute a covenant running
with the land and shall be binding upon the undersigned and all
parties deriving title through them. These Restrictions during
their lifetime shall be a limitation upon all present and future
owners of the subject real property for the benefit of the City
of Miami, Florida, and the owners of all property within 300 feet
of the subject property.
1. The owners were applicants before the City Commission of
the City of Miami, Florida to rezone the subject property from
RG-1/3 and RG-2/5 (with SPI-3 overlay) to RO-2.1/6 (without SPI-3
overlay). -
2. The owners agree that the zoning boundary lines may lie
on the said property but no more than five (5) feet (in addition
to required dedication) from the westerly boundary line of said
property (said westerly boundary line also being the westerly
boundary line of Lots 12, 13 and 14 of the aforesaid CORNELIA M.
DAY SUBDIVISION) and no more than ten (10) feet from the
northernmost boundary line of said property, said northernmost
boundary line being a line bisecting Lot 12 of the aforesaid
CORNELIA M. DAY SUBDIVISION into north and south half -sections.
3. The following covenant and restriction shall be
applicable to the property:
a) There will not be any motor vehicle ingress or egress
onto Center Street from the subject property. The
manner in which such ingress or egress shall be pre-
cluded shall be shown on the plan for the first building
permit applied for or approved after execution of this
covenant and such plan for precluding ingress or egress
shall be approved by the City Manager or his designee;
b) Ten percent (10%) more parking shall be provided, than
is required by Ordinance. The location and size of such
additional space shall be determined by the Zoning
Ordinance as if the additional spaces were required
parking;
c) A landscape buffer area of ten (10) feet in width shall
be provided on the northerly side of the property and
five (5) feet on the Center street side. A landscape
plan for such areas shall be submitted with the first
application for a building permit applied for or
approved after execution of this covenant and such plan
shall be approved by the City Manager or his designee.
CND06DEC1
As
13181 " 377,
4. This Declaration of get triCtions itay be Modified,
amended or released as to any portion of the lands covered hereby
by written instrument executed by the holder or holders of the
fee simple title to the aubject property and by the City of Miami
or its authorized representative, provided that no such Modifica-
Lion, amendment or release shall be made without first being
approved at or after a public hearing held by the City of Miami,
5. This Declaration shall inure to the benefit of the
owners, the City of Miami, and all property owners within 300
feet and may be enforced by the City of Miami and by such owners
of property within a 300 foot radius of the subject property by a
suit in equity against the then owners of the subject property
violating these restrictions, after a determination that a viola-
tion exists is made by the City Manager of the City of Miami or
his designee.
6. This Declaration of restrictions shall become effective
on the earliest of the following: 1) thirty-one (31) days after
final approval by the City Commission of the City of Miami,
Florida of all requested rezoning, provided that a lawsuit has
not been filed challenging the requested zoning change; 2) the
date the applicant or his successor(s) or assign(s) is issued a
building permit to begin construction of a building on the
subject property devoted totally or in part to office use; or 3)
the date on which all legal challenges to the subject rezoning
have been concluded without having successfully challenged the
rezoning change. Notwithstanding the above effective date,
should the subject rezoning at any time be successfully
challenged so as to preclude the construction of a building
devoted totally or in part to office use, or should the requested
zoning be changed so as to preclude the development of a building
devoted totally or in part to office use prior to the owner or
his successor(s) or assign(s) having obtained a vested right to
construct such an office building, then all restrictions
contained in this declaration of restrictions shall cease to run
with the land and shall be void and of no effect.
I! �NESS WHE OFF the undersigned has set its hand and seal
this _"day of —� 1987.
WITNESSES: DAY CENTER CORPCJATION
4/lo
r eWe
rrillo,
WITNESSES:
Byt
Sherry Carrillo Sed`retary
Treasurer
3181 *P7 377,
4. This Declaration of Restrictions may be Modified,
amended or released as to any portion of the lands coveted hereby
by written instrument executed by the holder or holders of the
fee simple title to the subjeet property and by the City of Miami
or its authorized representative, ptovided that no such modifica-
tion, amendment or release shall be made without first being
approved at or after a public hearing held by the City of Miami,
5. This Declaration shall inure to the benefit of the
owners, the City of Miamit and all property owners within 300
feet and may be enforced by the City of Miami and by such owners
of property within a 300 foot radius of the subject property by a
suit in equity against the then owners of the subject property
violating these restrictions, after a determination that a viola-
tion exists is made by the City Manager of the City of Miami or
his designee,
6. This Declaration of restrictions shall become effective
on the earliest of the followings 1) thirty-one (31) days after
final approval by the City Commission of the City of Miami,
Florida of all requested rezoning, provided that a lawsuit has
not been filed challenging the requested zoning change; 2) the
date the applicant or his successor(s) or assign(s) is issued a
building permit to begin construction of a building on the
subject property devoted totally or in part to office use; or 3)
the date on which all legal challenges to the subject rezoning
have been concluded without having successfully challenged the
rezoning change. Notwithstanding, the above effective date,
should the subject rezoning at any time be successfully
challenged so as to preclude the construction of a building
devoted totally or in part to office use, or should the requested
zoning be changed so as to preclude the development of a building
devoted totally or in part to office use prior to the owner or
his successor(s) or assign(s) having obtained a vested right to
construct such an office building, then all restrictions
contained in this declaration of restrictions shall cease to run
with the land and shall be void and of no effect.
IN NESS WHE OFF the undersigned has set its hand and seal
this L 'day of 1987.
WITNESSES: DAY CENTER CORP04ATION
/ e !tent
rrillo,
WITNESSES:
By z-
wc:ti�'Z — I �
Sherry Carrillo, SeoTet-aTy-7—
Treasurer
CNOOODECI
I l `P*C 78
STATE OF FLORIDA
) 88
COUNTY Off' DADF )
The foregoing insttument was acknowledged before me this -
day of , 1587t by HERNANDO A. CARRtLLC, as President
Of DAY CENTER CURPORATION, a Florida corporation, on behalf of
said corporation.
Notary Public /
State of Florida at Large*''
My Commission Expires., 4!Z:+
vr"lov otim tt S1AfT nr rlbRib4
•
:;o EYE'. :)EC :).f4b1� b /
51AERAI W . UMb+
STATE OF FLORIDA ; SS:
COUNTY OF DADS
The foregoing instrument was acknowledged before me this
day of , 1987; by SHERRY CARRILLO, as Secretary/
Treasurer of DAY CENTER CORPORATION, a Florida corporation, on
behalf of the Corporation.
V �
Notary Public
State of Florida at Large
My Commission Expires:
'111':111111
"v 'INNISS'cu E1o.
TNF. :AERbl :AS. uNO.
APPROVE AV TO FORM AND CORRECTNESS:
LUCIA' A. DOUGHER
CITY ATTORNEY
INTER -OFFICE M9MORANDUM
he Honorable Mayor and Members Carr. Uric', j1, lQ$j 91LE
cf the City Commission
OROWNCE - RECOMMEND DENIAL
CHANGE OE ZONING
97 01-03 DAY AVE &
REFEHEtICES APPROX 3191 CEN1'SR ST
Sergio -Pereira
i t Manager ,_-V C"';M 1I SSI ON AGENDA - JUNE 20, 1985
y g ENCLOSURES.
PLANNING AND ZONING ITEMS
It is recommended that the Change
of Zoning Classification in the
Official Zoning Atlas of Zoning
Ordinance 9500, as amended, from
RG-2/5 General Residential and
SPI-3 Coconut Grove Major Streets
Overlay District for Lot 1 and RG-
1/3 General Residential (One and
Two -Family) for the S 1/2 of Lot
12, Lots 13 and 14 to RO-2.1/6
Residential -Office eliminating the
SPI -3 be denied. `
_ The Zoning Board, at its meeting of May 20, 1985, Item 2, following an
advertised hearing, made a motion to recommend approval of the Change of
Zoning Classification in the Official Zoning Atlas of Zoning Ordinance 9500,
as amended, from RG-2/5 General Residential and SPI-3 Coconut Grove Major
Streets Overlay District for Lot 1 and RG-1/3 General Residential (One and
Two -Family) for the S 1/2 of Lot 12, Lots 13 and 14 to RO-2.1/6 Resdential-
Office eliminating the SPI-3 which failed by a 4 to 3 vote, therefore
constituting a recommendation of denial.
Nine objections received in the mail; twenty-four opponents present at the
.greeting. One reply in favor received in the mail; five proponents present at
the meeting.
3ackup information is included for your review,
` An ORDINANCE to provide for the above has been prepared by the City Attorneys
Office and submitted for consideration of the City Commission.
AEP� ;11 l
cc. Taw Department
10TI: Planning Department recommends= DENIAL
#mi
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LOCATION/LEGAL
APPLICANT/OWNER
ZONING
REQUEST
RECOMMENDATIONS
PLANNING OEPARTMENT
T
ZONING TACT SHEET
2701.03 Day Avenue & Approximately
3191 Center Avenue
Lot 10 the S1/2 of Lot 12, Lots 13 A 14
CORNELIA M. DAY'S SUB. (3-16)
Stuart C. Taylor
3191 Center Street
Miami, FL 33133 Phone # 466-2422
Day Center Corporation
William T. Judson, President
19257 NW 64 Court
Miami, FL 33015 Phone # 624-4949
Alberto R. Cardenas (Attorney for Applicant)
One Biscayne Tower, Suite 3684
2 South Biscayne Boulevard
Miami, FL 32131 Phone 371-9100
RG-2/5 General Residential and SPI-3 Coconut
Grove Major Streets Overlay District and RG-1/3
General Residential (One and Two -Family)
Change of Zoning Classification in the Official
Zoning Atlas of Zoning Ordinance 9500, as
amended, fron RG-2/5 General,Residential and
SPI -3 Coconut Grove Major Streets Overlay
District for Lot 1, and RG-1/3 General
Residential (One and Two -Family) for the S1/2 of
Lot 12, Lots 13 & 14 to RO-2.1/6 Residential -
Office eliminating the SPI-3.
DENIAL. The proposed change is not in accord -
wi fhe Miami Comprehensive Plan and the land
use characteristics of the area. No significant
changes in the immediate area of the subject
property have resulted to justify the granting
of the petitioned Change of Zoning, There is no
need for additional office toning in the subject
area. The immediate area is predominantly
residential with duplex and multiple family
usages. The granting of the petitioned Change
of Zoning would unnecessarily bring office
Zoning into a viable residential area and would
therefore constitute an isolated tonin;
district.
.. �Lh1Ytl•,y�it4lii'�yla iAt�i:'."� ii ....s. - � W. : of �, . 11. , - a ,, � ,
PUBLIC WORKS The existing sanitary sewer system that serves
this property was not designed fori the sewage
flow that can be generated if the property is
rdroM ed to RO-2.116.
DADS COUNTY TRAFFIC No comment.
& TRANSPORTATION
ZONING BOARD At its meeting of May 20, 1985, the Zoning Board
made a motion to recommend approval of the above
which failed by a 4 to 3 vote, therefore con-
stituting a recommendation of denial.
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APPLICATION FOR AMENDMENT TO ZONING ATLAS
File Number* ZA-83-
Alberto R.'Cardenas , Attarnev hereby apply to the City Commis-
sion ofthe. City of Miami -for an- amendment tote 76"ning Atlas of the City of Miami as
more particularly described herein and, in support of that. request, furnish the following
information:
I. Address of property 2701-03 St 3191 Day Ave.'
x 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
3. --Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and, attach, to. application).
x 4. Certified list of owners of real estate within 3751 radius from the outside
-boundaries of property covered by this application. (See Form 6-83 and attach to
applicationi.)
x 5. At least two photographs that show the entire property (land and improvements).
E. Atlas sheet(s) on which property appears
x 7. Present Zoning Designdtion Rr--1/3 & RG-2/5r (W/Spr 1 3 overlay) •P.0-2. 1-6 (without SP1 3 overlay) x 8. Proposed Zoning Designation
x 9. Statement explaining why present zoning designation is inappropriate. (Attach to',
application)
x 10. Statement as to why proposed zoning designation is dppropriote. (Attach to apply-
cation)
1. Other (specify)
410 IA�
12. Filing Fee of $
according to following schedule: •
(Q) TO: RS- I RS- 1. 1 RS-20*04 per
v sqoft, of not lot area, minimum
RG7 I I P041r PD-HCr 1300.00
(b) TO;
0.06 per sq.ft. of not lot crea, minimum
RC:2.31 RQ- 1, 350.00
RO 2.1
W To; RG-Wt RG-3, $0.08 per sq.ft. of not lot area, minimum
WA. i c•+&4 i(ANAA.
A dA
APPLICATION FOR* AMENDMENT TO ZONING ATLAS File Number ZA-83-
Alberto F.'Cardenas , Attornev hereby apply' to the City Commis-
sion of the. City of Miami Jor on- amendment tote f6ning Atlas of the City of Miami as
more particularly described herein and, in support of that. request, furnish the following
information:
1. Address of property 2701-03 & 3191 Day Ave.'
x 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
x 3. --Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to. application).
x 4. Certified list of owners of real estate within 3751 radius from the outside
.boundaries of property covered by this,ap plication. (See Form 6-83 and attach to
application'.)
X 5. At least two photographs that show the entire property (land and improvements).
6. Atlas sheet(s) on which property appears
X 7. Present Zoning Designdtion PC-1/3 & RG-2/5 (W/SP 1 3 overlay)
x 8. Proposed Zoning Designation P.0-2. 1-6 (without SP1 3 over,lav)
x 9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
x .10. Statement as to why proposed zoning designation is appropriate. (Attach to appli-
- ctton)
11. Other (Sped f y)
,Oeciry)
4t 0 W6.
012. Filing Fee of $ A-3 I according to following scheduir.
(43) To; R$_ I v RS-- 1. 1 r RS-29 M
0.04 per sq.ft. of not lot crec, Inimvirn
RG- It PD4-iv P041C, 1300.00
To.- RG-21,RG.2,11 0.06 per sq,ft. of not lot area, minimum
To; RG-2.2t RC-3, $0.08 per sq,ft. of not lot crec? minimum
S400.00
.. _....?YF.�+17+ci•:..�ii'WY�e3�'.c:^ii�F.i . �:,�s tyrY:+.2� wPl.: , . j�,l .. .... �..,,, iar -
>t.f )�.��.i.'.. .....ri f a r ..ii.�li.st��ji iff i.' •�•�. _. . V,r.. 4 • . .
! (d)
.10 per sq.ft. of net lot area, minimumCRi3,
To: CR- I, CR-2, P00.00
0-1, CC-1,
CC-20 WF-1, WFiR,
la- 1,1`2; SPI-I t24o7o
$,9,11,1
(e)
To CI3D-1, SP1-6 0.12 per sq.ft. of net lot area, minimum
1600.00
(f)
For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the same as for a change in its district classification, as
shown in (b) through (e) above.
(g)
Surcharge equal to applicable fee frorn (a)-W above, not to exceed $500.00;
to be refunded if there is no appeal. (Ci ode - Sectton 62-6I)
Signature
Name Alberto R. Cardenas
Address One Biscayne, Tower -Suite 3684
Phone '(305) 371-9100
STATE OF FLORIDA) SS:
'COUNTY OF DADE )
Alberto R. Cardenas , being duly sworn, deposes and
says that he is the Authorized Agent for Owner of the real property described in
answer to question #I, above; that he has read the foregoing answers and that the same are
true and complete; and (if acting as agent for owner) that he has authority to execute this
petition an behalf of the owner. /,-% -
z- .\' NVI
SWORN I U AND SUBSCRIBED
before me this 4 day
Of r7Q�'A
...—_.
MY COMMISSION EXPIRES;
601MY. PV Jp MTE of nlOWA Ai
My"►MMISWQN W194 JWV 14 1905
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ATTACI414ENT FOR APPLICATION
FOR
AMENDMENT TO ZONING ATLAS
I tem No. 9
Twenty -Seventh Avenue is a major corridor providing access
into Coconut Grove and having a direct link to the Coconut Grove
Rapid Transit Station. The character of the neighborhood is
evolving into that of a commercial artery making residential uses
less than desirable.
Item No. 10
In view of the changing nature of this area from residential
to commercial the proposed rezoning would allow the development
of the subject property in a manner compatible with such change.
F
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Vrii�ll 1r'� U�� � •
1
authG."411t , thi day
ap;=--ld Aibarto A. Cardenas who btvq by fi:-.t dull
upon =h, deposss a - d
1. T�= he is tha a emar, or the heal of Whe
i�+ti'i' M Submit". the aV.r+axxx �,�, applI Lion for a. public heating as
req#red by x ` mce No. 6871 of the Code of the City of Ria,t tit Flo: ift.
errac o:Lng the real. property "Located in the City of Igami as described arA
listed on the pages atta&.ed to this affidavit and rmde a part thereof.
2. That all or,xners vihich he represents,. if a=!, have given their
full and co.,;.lets permses_cn for him to act in their behalf for the ch-su*•ge
or x... 4 "itat=on of a cln-s~ ication or r•eMAation of zoning as set, out in
3. That the paves attached hereto and mde a pa ;t of this
• affLizvit cc-:. the current names, traili^� ad3.^nrses, phony ra=.:ca:•s a.►-d
leg 1 desc -ticns for the real pope: ry which he is the caner'or le"!
rep•sentative.
4. The facts -as represented in the a plica.tion ate. dc.:.r.:.�,s
sL. �•...:3 in c=Ju_ncr.icn :zth this affi&-wit are tme and co=ect.
A.ff.Ira.^.t sayeth not.
(Name 1
S`mam. to and Su sc: ibed before me
this L� day of �,19 •
I�otar! Public, State of Flo: ida at t me
Ny Cc,gm. -sion Expires:
p�pjAR% P,ua�►G SIATE 9F FWWIDA AT V=
f�Y �oN�N►1S5ipM EXP�tv�S x)ut��RW�s� �
1�t�Fp T.li�4 Gib ,
ON!'A'S L ST
16
Owmtrlt tlatLs
3191 Center street, Imiatii, Florida 33133
*ielePhOhe NuMbet' (165) 46 6 -2422
LeOSI OetdriOOOMI Cornelia M. OaV Sub. Pbnd, POMOgtehd 1/2 lot
12 & all lots 13 & 14. P8 1-5 & P8 3016, 3, P. 16
Dade County, Plorid.a
0t.Iner,t Ijar.je Day Center Cornorationt Willdam T, Judson, President.
mailing Address 19257 64th Court, Miami, Florida 11015
Telephone Nuttber (305) 624-4949
Legal betCrilp'tion: Cornelia M. Dav Subdivision, P8 3, Pr, 6, Lot 1
O�anerls same
Mail4ng Address
Tele-hone Number
Legal Description:
Any c-,.her real es'%.a,%6.e properIC_ •wined individually, jointly, or severally
(by corporation, partnership privately) within 375' of the sub 6
site is listed as follm-is- None
Street Address Legal Descriz-664.on
NJ
S'%.-ree'% Address Lecal Des-criotion
ti
Street Address Leaal*Descriotion
*current title 11er W%o Yeas contracted to .sell the subject lots
to 1n7"4111liam T. Judgom
_T 'Qins.'n this appl'cat'on'
91 -M 590
13
.1 01'02'8_'*�'�.
• ��.7laJJ.�� Ul l'JVY'N`1��
i. ti al dasctiptim am street address oe suk3ject teal propemil-
Lot 1, .8 1/2 of Lot 12, Ail. of Lots 13 &- 14
Cornelia M, Day Ott 3/16
2.Owner(s) of sjt�tt real pro�Zu�,& percentage of owritrship.
Nota t City of Miami OrdirAn a No. 9419 tegpi.res disclosure of all pantie
having a financial ihterestt either direct or indirect, in the mibject
ratter of a presefntationt request or petition to the City Commission,
AC=tdinglY, question 62 rewires disclosure of all sharehoidbra of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and p :donate interest.
Lots' 12-14., Stuart C. Taylor 100%
Lot 1: Day Center Corporation
William Ti Judson, President
i00%
3. Legal description and street' address of any real property (a)
owned by any party listed in answer to question 42., and (b):located within
37B feet of the subject real property.
None
..1 bo FT of t•.dm tS 'M 4"4
S. is. LJOT 68
_QWJ _
• . • asp,-����.• .
STATE OF FLORMA ) SS:
COC CT OF DADE )
U NER OR A=RZY FOR CWNER .
Alberto R. Cardenas
• ,being duly sworn, deposes and . .
says that he is the (k3mes) (Attorney for 0%ner) of • the real: property
described in answer to question U,, above; that he -has read the , foregoing
answers and that the same am true -and complete; and (if acting as attorney'
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
• ,i
l )
Rol To. A= ED
before me t*s '
day of 0 -A',1 93 a
talr>■",Y� v 17 7 1 � of
es ��Qr�� �t r ' �t • +
MY ==124 °=;10028
'
1
Fi
49cmTI0"F R TAI M0H
KNOW ALL MBN By 'f'HM pRRSENTS :
THAT the undersigned, DAB' CINTMt CORPORATION, being hhe
owner of the fee Sistple title to the property legally desoribed
a a I
Lot 1 of the CORNELIA 14. DAY SUBDIVISION#
recorded in plet Boom 3, at page 16, of the
Public Records of Dade County, plorida,
and the undersigned STUART C. TAYLOR, being the owner of the fee
simple title to the property legally described as:
Lots 13 and 14 and the southern 1/2 of Lot 12
of the CCRNBLIA M. DAY SUBDIVISION, recorded
in plat took 3, at page 16 of the Public Records
of Dade County, Florida.
make the following voluntary Declaration of Restrictions hereby
covering and running with the above referenced property,
specifying that this Declaration shall constitute a covenant
running with the land and shall be binding upon the undersigned
and all parties deriving title through them. These Restrictions
during their lifetime shall be for the benefit of and a
limitation upon all present and future owners of the real
property and to the City of Miami, Florida, for public welfare.
1. The owners are presently applicants before the City
Commission of the City of Miami, Florida to rezone the subject
property from RG- 1/3 and RG-2/5 (w/sp 1-3 overlay) to RO-2 1-6
(w/o SP 1-3 overlay).
2. if the balance of the property is rezoned as requested,
the owners agree that the zoning boundry lines may lie on the
said property but no more than five (5) feet from the westerly
boundry line of said property (said westerly boundry line also
being the westerly boundry line of Lots 12, 13 and 14 of the
aforesaid CORNELIA M. DAY SUBDIVISION) and no more than five*(5)'
feet from the northernmost boundry line of said property, said
northernmost boundry line being a line bisecting Lot 12 of the
aforesaid CORNELIA M. DAY SUBDIVISION into north and south half -
sections.
3. If the property is rezoned as requested, the following
covenant and restriction shall be applicable to the property:
There will not be any motor vehicle ingress or egress
onto Center Street from the subject property.
4. This Declaration of Restrictions may be modified,
amended or released as to any portion of the lands covered hereby
by written instrument executed by the holder or holders 'of the
fee simple title to the subject property and by the City of Miami
or its authorized representative, provided, that no such
modification, amendment or release shall be made without a prior
public hearing being held by the'City of Miami.
002
N
S. This Declaration shall enure to the benefit of the
swhers, the City of Miami# and all property owners within 200
feet and may be enforced by the City of Miami and by AUCh owners
of property within a 100 foot radius of the aubject property by a
suit in equity against the then Owners of the aubject property
Violating these restrictions, after a determination that a
violation exists i,a made by the City Commission and the Code
Enforcement Board of the City of Miami.
IN WITNESS W#Enor# the undersigned has set ita and seal
this day of .. 1.1__._► 1585.
DAB' CENTER CORPORATION
Bye -1
William T. song
President
R
--.'
StuartC. y
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
The foregoing instrument was acknowledged before me
this old day of , 1985, by WILLIAM T. JUDSON, as
President of DAY CENTER C ORATION, a Florida Corporation, on
behalf of said corporation.
Notary Public 01
State of Florida at Large
My Commission Expires:
r4U1-4%AT MUGL'C t Vr rO.,t,Ln hs 6�tiw�. c•
STATE OF FLORIDA ) MC GoruM15SjC.; Enej.ua y ,,
S S : bQNQ,EQ ItiBt1 Q9NE&AL INA
COUNTY OF DADE )
The foregoing instrument was acknowledged before me
this -.1-6 day of r , 1985, by STUART C. TAYLOR, as owner
.of the within described otoperty.
Notary Public
State of Florida at Large
My Co mmiss on Expires';
1
NOTARY PUALIC STATI OF 40910A AT kAW4 '
MY C®MMI55I0:4 EAr1K,; Nc�, � ,�° I
R�? JAI f�E3vk8�6 ►4w5 . :I�LKtivn� # c,;� ' .
ESTI=LLE ROTH AND RUSIN ROTH
2778 DAY AVENUE
COCONUT GROVE, FL 33135 m
5 AY 24 P17_ .01
MAY 16, 1995 .�
. f .', i•. ter, , `:`r•:..'.""_'-+- --'
RE: 2701-03 DAY AVENUE AND 3191 CENTER STREET
PLANNING 80ARD
PO BOX 330708
MIAMI, FL 33233-0708
GENTLEMEN:
#1 -- IN THE PAST WHEN THERE HAS BEEN A ZONING HEARING WE HAVE '
RECEIVED NOTICE OF THE HEARING. WE NEVER RECEIVED A NOTICE TO THIS
ONE ALTHOUGH THE PROPERTY IS A NEIGHBOR.
#2 -- YOUR MASTER PLAN SEEMS TO STRESS OVERBUILD WITH NO
CONSIDERATION OF TRAFFIC OR PARKING PROBLEMS.
THE ARE MANY NEW OFFICE BUILDINGS IN THE AREA AND MORE ALREADY
PROPOSED AND IT SEEMS THE NEW AND PROPOSED ARE HAVING RENTAL
PROBLEMS. I HOPE YOUR IDEA TO SOLVING A PARKING PROBLEM IS NOT
GOING TO BE PUTTING UP A METER IN FRONT OF MY HOME.
BEFORE YOU GRANT A ZONING CHANGE TO ANOTHER DEVELOPER CONSIDER
WHAT IS BEST FOR THE AREA, RESIDENTS AND TAXPAYERS.
PROGRESS IS NOT ALWAYS OVERBUILD AND BETTER IS .NOT ALWAYS BIGGER.
WE WISH TO VOICE OUR OPINION AGAINST THIS ZONING CHANGE.
THANK YOU,
SINC.RFLY
ESTELILf ROT
RUBIN .ROTH
0
//_
May 13, 1985 y AO" '
'85 IMIAY 15 All 51
The Honorable
Maurice Ferre
`favor, City of Miami
City Hall
3500 Fan American Drive
Miami, Florida 33133
Re: 2701-03 Day Avenue b
319.1 Center Street
Dear Sir:
■° In reference to the above address subject to public hearing for change of
zoning classification on May 20, 1985, I address myself to you. in writing
since I will be unable to attend the hearing in person due to my daughter's
graduation from high school that same evening.
I regret that I will be unable to attend because I would have appreciated
-, the opportunity to speak to you and the other members of the Zoning Board
to voice my opposition to thei proposed zoning change.
I reside along with two other owners of the. Centerview Townhouse Associa-
tion, comprised of three homes, on the prooerty immediately adjacent to
the subject property. Naturally, I am terribly concerned about the out-
come of the hearing.
I would like to impress on you and on the members of the Board that the
proposed change would seriously alter the nature of our residential neigh-
borhood. I am not opposed to change and progress;'however, I feet this
project is of no particular benefit to Coconut Grove as we already have
enough office space without allowing changes in zoning to encroach commer-
cial office areas into residential neighborhoods.
I would -urge you to visit the corner of Day Avenue and Center Street and
see for yourself the nature _of our neighborhood and how allowing a high-rise
(they are requestingSPI-3 change) building to be constructed on the pro-
posed property would totally destroy the quiet, residential atmosphere and
ambiance.
Sincerely,
i
LUCIA ANTON
3165 Center Stre9c #1
c6conut Grove, Florida 33133
cc Commissioner `filler Dawkins
Commissioner J, ),, Fl simmer
Commissioner 1?metrlp Porez
Cmmissioner Joe Carrollo
l r
May 13, 1955
{ul Y
Fellow Neighbors: `a5 MAY 1 All �51
Attached hereto you Will find a copy of the Notice mailed to all the owners
of real estate within 375' of 2701-03 bay Avenue and 1191 Center Street,
You may or may not have received this notice, but a few of us that have are
seriously concerned with the proposed change in the Zoning Ordinance speci-
fied therein.
Naturally, the explanation of the change is in terms that no one can make
much sense of or understand; but basically the petitioners want a zoning
change that will allow them to build an office building in what is now a
strictly residential area.
Within the last year a half we have seen many changes in the Grove, but the
most frightening one is the encroachment of office and commercial areas into
our residential neighborhoods. No one is opposed to progress or to zoning
changes to allow this progress and growth so long as it is logical and ne-
cessary. However, we as residents must stand together and oppose changes
that are in no way beneficial to Coconut Grove but will devalue property and
upset our way of living.
The proposed change will allow for the office zoning to extend down 27th Avenue
to the corner of 27th and Day Avenue and turn the corner and continue down Day
Avenue to Center Street. The petitioners also want to change the height limita-
tion (apparently they want a high rise office building). Very likely the pro-
ponents will also want to make Day Avenue a two way street to allow easier ac-
cess to their proposed office building. This would connect 27th Avenue and
Mary Street (both heavily trafficked) occasioning an incredible increase in
traffic flow on Day. Needless to say, the construction of any new large office
building will require the removal of the large trees on the property and also
generate problems from the parking of the workers' vehicles on our properties.
In other words, only problems for us, the residents, in order to provide profit
for the developers. Worst of all ..... WE DO NOT NEED ANY MORE OFFICE SPACE IN
COCONUT GROVEI Grand Bay Plaza, next door to Office In The Grove, is having
serious problems leasing their office space and there are four or five projects
presently in construction that will literally flood the Grove with office space.
_ Let the Zoning Board know next Monday, May 20th, that we will oppose the change_
to our neighborhood because there is no need for additional office space in the
-. Grove cort,zinly not enough to allow for the encroachment of commercial and office
buildings in our residential neighborhoods.
Be present at the meeting. but if you are unable to attend, -write to the City
Commission or the Planning Board. If I can be of .any assist.ince, call me at
448-4720 in the evenings.
UCTA ANTO
n
�'Li:'{'•i•! May 13, 1985
Fellow Neighbors; 05 i'�ai �» 51
Attached hereto you will find a copy of the Notice mailed to all the owners
of real estate within 375' of 2701-03 Day Avenue and 3191 Center Street.
You may or may not have received this notice, but a few of us that have are
seriously concerned with the proposed change in the Zoning Ordinance speci-
fied therein.
Naturally, the explanation of the change is in terms that no one can make
much sense of or understand; but basically the petitioners want a zoning
change that will allow them to build an office building in what is now a
strictly residential area.
Within the last year a half we have seen many changes in the Grove, but the
most frightening one is the encroachment of office and commercial areas into
our residential neighborhoods. No one is opposed to progress or to zoning
changes to allow this progress and growth so long as it is logical and ne-
cessary. However, we as residents must stand together and oppose changes,
that are in no way beneficial to Coconut Grove but will devalue property and
upset our way of living.
The proposed change will allow for the office zoning to extend down 27th Avenue
to the corner of 27th and Day Avenue and turn the corner and continue down Day
Avenue to Center Street. The petitioners also want to change the height limita-
tion (apparently they want a high rise office building). Very likely the
pro-ponents-will. also want to make Day Avenue a two way street to allow easier ac-
cess to their proposed office building. This would connect 27th Avenue and
Mary Street (both heavily trafficked) occasioning an incredible increase in
traffic flow on Day. Needless to say, the construction of any new large office
building will require the removal of the large trees on the property and also
generate problems from the parking of the workers' vehicles on our properties.
In other words, only problems for us, the residents, in order to provide profit
forthedevelopers. Worst of all.....WE DO NOT NEED ANY MORE OFFICE SPACE IN
COCONUT GROVE! Grand Bay Plaza, next door to Office In The Grove, is having
serious problems leasing their office space and there are four or five projects
presently in construction that will literally flood the Grove with office space,
Let the Zoning Board know next Monday, May 20th, that we will oppose the change
to our neighborhood because there is no need for additional office apace in the
Grove cdrtainly not enough to allow for he encroachment of commercial and office
buildings in our residential neighborhoods.
Be present at the meeting, but if you are unable to attend, write to the City
Commission or the Planning Board. if I can be of any assistance, cal1 me at
448-4720 in the evenings,
L1 CTA ANTON
t 01
ATTACnMENT FOR APPLICATION
FOR
A.-LENDRENT TO ZONING ATLAS
Item No. 9
Twenty -Seventh Avenue is a major corridor providing access
into Coconut Grove and having a direct link to the Coconut Grove
Rapid Transit Station. The character of the neighborhood is
evolving into that of a commercial artery making residential.uses
less than desirable.
Item No. 10
In view of the changing nature of this area from residential
to commercial the proposed rezoning would allow the development
of the subject property in a manner compatible with such change.
2. 2 C1-03 Day Avenue &
Approxih,ately 3191 Center Avenue
Lot I, the 81/2 of Lot 12, Lots 13 & 14
CORNELIA M. DAy'S SUB. (3-16)
Change of Zoning Classification in the Official Zoning Atlas
of Zoning Ordinance 9500, as amended, from RG-2/5 General
Residential and 8Pt-3 Coconut Grove Major Streets Overlay
District for Lot 1, and 110.1/3 General Residential (One and
Two -Family) for the 81/2 of Lot 12, Lots 1j & 14 to ROy2.1/6
Residential -Office eliminating the 8PI-3.
Secretary administered oath to all persons wishing to
testify on this item.
5 PROPONENTS FOR THIS ITEM PRESENT
24 OPPONENTS FOR THIS ITEM PRESENT
Mr. Perez•-Lugones: Mr. Chairman, before we get into
this, the City attorney would like to make a statement.
Mr. Gort:
Yes, ma'am.
Ms. Maer: Mr. Chairman, a few moments ago I
had discussed with the applicant, it probably came to light late
this afternoon regarding his application and for the record and
for the benefit of the other members of the audience, I just
wanted to inform you that we permitted the applicant to amend his
application to reflect several lots that are within 375' of the
subject property and are, in fact, owned by one of his two
clients, Mr. Taylor. 'They were not reflected that way on his
application. I believe it was an oversight, we permitted him to
amend it. I also would like to mention to the Board that late
this afternoon I received a draft of a Declaration of
Restrictions concerning the subject property here. Just now, I
was given an executed copy of the Declaration. I have not had
the opportunity to examine this so I don't have any comments to
give the Board on this Declaration. I did check with the
Planning Department, they have not received a copy yet so we
don't have any comments to give you on the status of the
Declaration.
Mr. Gort: Thank you, ma'am. Ms. Fernandez.
Ms. Fernandez: Mr. Chairman, members of the.
Board, as our City Attorney said we haven't received a copy of
the restrictions on the site and Planning Department is
recommending denial of this item. The proposed change is not in
accord with the Miami Comprehensive Plan and the land use
characteristics of the area. No significant changes have
occurred in the immediate vicinity to justify the requested
change. Also, there is no need for additional office zoning on
the subject property. The area is predominantly residential with
multiple and duplex uses and the granting of this petitional
change will constitute an unnecessary intrusion of office zoning
into this viable residential district. Also, as per City
Commission request, the Planning Department is preparing right
now a...some zoning recommendations on the 27th Avenue corridor
South Dixie Highway study
which focuses on 27th Avenue and the surrounding area from
g y - to South Ba yshore Drive' The study right now
is about 50 percent complete and so far we do not envision any
zoning change as we feel so far that the boundaries have been
logically drawn., Thank you,
May1985# item 2
Zoning Board
i0
� z
is .,. _,,,,,.,_... '.,. .......�....-.n.�....4..-. ... .«.'a....•3 �;
t
Campbell. -it . port: Thank you, Ms : Vernandez, Mr
tr. Campbell: Mr. Chairman, members of the
Board, for the record George Campbell representing the Oepart;zient
Of public works, I seem to remember that Mr. Cardenas was before
us with the little development up around Aviation Avenue and Bird
Avenue. At that time, 1 will not try to quote but there Wore
statements made to the effect that, if I may paraphrase, by
golly, this is, you know, we're right in the Middle of an office
area and this is kind of clean it up and end it and put a stop a
to it and we don't have to worry about any leap frogging or
domino effect or anything else. Mr. Cardenas is nodding his
head, he remembers that. In this particular area we have
sanitary sewers which were designed for the then existing toning
and arerscompatible with the existing zoning. Our sanitary
have looked at this and if you note, the major portion
Of this zoning change is to the west along Center Street. It's
about,,6that area is about 2 1/2 times the area that is requested
to be toned along Day Avenue and 27th Avenue. Assuming, and I
realize that we have a restrictive covenant here which I have not
seen, the Department has not seen anything of it, and of course,
we always have a problem enforcing restrictive covenants, in the
event that this were to be developed to its potential, the
potential sewage flows from this development, from this area,
would be in excess of 200 percent of the design capacity of the
sewers that are serving this property at the present time, 200
percent in excess. Of course, we're not requesting any
dedication because with the changes recently to the Code, this
would be required when a building permit is applied for but the
Department is, let's say inexorably, opposed to this type of
change in zoning because, as it was pointed out, the area in blue
is also owned by the same individual or group of individuals and
by George, it's right across the street from this and really, you
know, we shouldn't have additional change in there. I rest my
case.
Mr. Gott: Thank you, Mr. Campbell. Anyone
else? Okay, sir. Okay, back to you.
Mr. Cardenas: Thank you, Mr. Chairman, members
of the Board, my name is Al Cardenas. I'm an attorney practicing
law in the City of Miami and I'm delighted to be here before you
this evening with what we feel is a wonderful concept for that
particular corner and I look forward to the opportunity to tell
you about it.
Here with me this evening are my two clients, Mr.
Stuart Taylor and Mr. William Judsonas well as other
professionals involved with the case ... with the matter. Let me
tell you a little bit about this property and what it consists of
and what it is that we intend to do with it that we*feel is
complimentary and right on course with the development of that
central core area and the entrance to the Grove and within the
City of Miami.
This particular parcel of land and as you can see,
comme
along Day Avenue corner It's total
goes
on the Y
g Y total .size
is...it's total net lot area is 22,425 square feet approximately.
We have, after considerable thought in this process and forgive
us for the late date in tendering a Declaration of Restrictions,
proffered voluntarily to you today and this evening and subject
to review by your City Attorney, a Declaration of Restrictions
whore we have covered the two areas that we felt should be of
concern to the residents of this area and to the residents of the
City of Miami. Let me get into these items by making reference
to this chart that we brought here this evening for illustrative
purposes. We've Called one a zoning plan and the other a land
use plan. What wave done is we have set forth the, particular
uses which QXi.st within the parameter of the subject property at
this time and if yog will follow me as describe t1lis to you:
2 May2Q, 19854 Itsm 2
Zoning Board
this is 27th Avenue going from the top to the bottom of the land
use Plamf' this is South Bayshore Drive: this is Tiq0ttail: this
it bay Avenue: and this is Center Street. You will note, of
dburset that Center Street is a no outlet street. It's a
Cul-de-sac type of street, out property is located&46it'8 "V
shaped and it's located in the corners of Center, Day and 21th.
Let me review as we come along on South Bayshore and 27th Avenue
what it is that we have in the neighboring Vicinity today. We've
got Office in the Grove, we've got the Grand Say Hotel, the Grand
Say Plata which in a 15-story office building, the Coconut Grove
Hotel, the proposed Terremark project which is not shown on the
chart but I think all of you are familiar with. We have the
approved multiuse complex which can be up to 5 stories: it's
approved insofar at the first reading with the City Corimission.
and this Zoning Board. We've got an apartment building across
the street built by the Green family which is approximately 6
stories in height and as you -rnay recall, the rest of Day Avenue
on this side towards the bay, it's all multi -story residential
dwellings, These are apartment buildings, again, 3 and 4-story
apartment buildings on the west side of 27th Avenue, on the same
side of the proposed logation and it goes on and on. As we
further review this on a greater scope, you will recall, I think,
as was stated earlier by the Planning Department* that
t we've
undergone a considerable number of changes. I was, frankly,
somewhat surprised when I read the recommendation of denial on
the zoning fact sheet with the statement that no significant
changes in the immediate area of the subject property have
resulted to justify the granting of the petitioned change. I
can't think of a particular core area in Coconut Grove that has
undergone greater change in the last five years than this
particular perimeter. If you will recall, the City of Miami has
just adopted a comprehensive change to the development of South
Bayshore Drive and rightfully so, it was good planning and I
think it was applauded by members of the private and public
sector and many of us were involved in that project from both
sides of the fence. There's been a unanimous, I think, as far as
the public sector and many of the folks in the private sector,
there has been a considerable amount of agreement, a substantial
agreement on the concept of the development of 27th Avenue and
let's start with what has happened here. There is a proposed
widening of 27th Avenue. I think the only issues remaining, all
of us can honestly say, is whether it's going to be a six
lane...whether it's going to be a six lane avenue which I
personally think it probably will not be but it will be no less
than, and that I think all of us know, is a four lane highway
with a center median strip and a turning lane, in effect a five
lane avenue. I don't think that there's anyone here in the
private or public sector who feels that the changes will be
different than either of those two alternatives and that in and
of itself opened the eyes to many of us who said, "Well, what do
we do with the corridor from South Bayshore Drive on down to
South Dixie Highway," and here's what we've done to date, change
South Bayshore Drive. We know that from South Bayshore Drive to
Tigertail, that's a commer...that's an office development type
situation here. We also know about Bird Avenue to South Dixie
Highway and as George Campbell correctly stated, that area from
South Dixie Highway to Bird Avenue is becoming on both the east
and west side, as you know, a commercial office development...as
it rightfully should be. It's close to the core of the rapid
transit station. It's development in a way that,it just makes
sense for it to be that way and many of us have worked many hours
to see that it happens. I think Tony Marina who has probably
done as much, if not more than anyone in that area, is familiar
with that process intimately well and knows well of the
development between Bird Road and South Dixie Highway. The
question then is what
about 27th Avenue an
d that's one of the
issues why we're here today between Urd Avenue and Tigertail.
Well here's what we have and here's what I think we have and
here's what I think we will have which makes a lot of sense to
411 of us who have taken a close 19OX at it and I hope to you
tbia evening, -On tbavtton the north side Of this particular
10 0
3 May 20# 19a5i It= 2
Zoning 304r4
dbttid6ro on the gird Road Side, on the west side you have a Ja§
station and immediately adt6sg from it you have a, i #you haV4 A
general use store. Then at you go into the other end of the
corridor, the anchors at t call them, you have two particular
facilities one which is there now and one which is proposed by us
this evening. One Was a multi -use complex proposed by the group
that was here earlier and whose project and whose concept You
approved. tt was the planned development for multi use.
ttlass,the way it's proposed it Can be up to 5 stories in
development and it becomes really the gateway from thetO the
residential Area at you come from South Bayshore or 27th Avenue
and as you head into Tigertail and to downtown Coconut Grove.
Immediately across from it is what is a logical anchor to hold
the. fort- and that it a proposed site that we're before you this
evening. In between --in this corridor --in between these two
anchors AS I call them to gird Avenue where the gag Station it on
out west side of the street as well as on the east side are
Apartment buildings and what is the make-up of those apartment
buildings. Those are 3# 4-story apartment buildings and in some
circumstances 2 but mostly 3 and 4. Those apartment buildings, a
substantial amount of them, a number of them, are of a
condominium type and 1 think because of the nature of that type
of ownership and because of the value of the individual
condominium units and the difficulty in getting all of the
condominium units in a particular project to sell, I think all of
us know and feel fairly comfortable that those will remain as
residential units for a long time to come and the remainder may
or may not become a mixed -use type of atmosphere but I think what
everybody in the Grove is saying is that if you look at San
Francisco and you look at other communities that we're all proud
of, one of the cornerstones to living in your community is the
mixed -use that we feel this particular anchor on this particular
corner will provide.
Now, let me get specific about the particular site and
the problems that we envision you might think of and the
neighbors may think of and what remedies we have come up with in
the Declaration of Restrictions which we've proffered to you this
evening. There are two major problems as I saw them and both are
resolved by this Declaration of Rest ' rictions. One problem, of
course, is that the neighbors here and rightfully so, don't want
to either open up Center Street or have a substantial amount of
additional traffic going through Center Street which is really
the dividing line between this multi -housing area, the office
area and the residential area including duplex and single family
homes. What we have proposed to do is we have proposed to and
before you this evening that we have already proffered, is a
restriction that we will not provide ingress or egress to Center
Street from this project, from any of the lots on this project,
there will be no ingress or egress to Center Street. That means
that folks who want to get in or out of this proposed project,
this proposed parcel, will not be able to have ,access, it will be
impossible legally to have access on to or from Center Street
which, in effect, tells you that there will be no traffic
destined to or from this facility as of Center Street. -
Furthermore, to make sure that we pay heed to the concern of the
residents and to some of the folks in staff that this could be a
springboard to further commercial development to the west of the
proposed project, we have proposed, and have proffered and will
be legally bound by a 51 wide I strip along Center Street and along
the north side of the parcel as you see 'here, That particular 5'
strips "L" shaped form, will remain RG-1/3 and let me tell you
what we have had to do as a result of proffering this. Because
Of this 51 wide strip to remain AG-1/31 we will, in effect, not
be able to have other owners of properties either to the west or
to the north of our site, come up with the argument that they are
adjaccnt to an RQ-2.1/6 piece of property and as oucht that
theory that we have that 411 Of us %now in zoning will not be
applicable to this particular parcel of land. Now, there's 4
toll involved here and I'll give you an example, We have had to
reduce as a result of this,, you know how we Calculate, of course,
nowadays a permitted density in a particular project to the
middle of a street. As a result of it, we will have to rpdude
autorftatical17 and 'cased on your laws your ordinances and
regulations, the proposed building from a maximum, possible
potential maximum of 44,000 sq ft. to approximately 37,OOd sq.
ft. or less of constructiont Now, there was a young lady who
unfortunately is not here who had written a letter tC) nearby
residents and to the metbers of the City Commission expressi79
her concern that this would be highrise type office building'`haw
would cause concern to her and to the other residents of the
nearby area. Let the assure you that with a maximum floor area
allowed by the declaration that we have proffered today, not only
are you going to get an impediment to any proposed argument that
there's further commercial development possible on the grounds
that we were granted the retching but furthermore, and more
important, we have, by taking away our possibility to calculate
density to the middle of Center Street, we have, in effect,
curtailed our possible build-up to 17,000 sib. ft. which means
basically that if we calculate this thing you're going to have at
the most a four story facility which is one story less than the
project across the street on 27th Avenue, the planned development
that we have looked at and approved. So on that basis, I think
that we provide a very well balanced anchor to you. Insofar as
the comments made about the traffic and public utilities usage
such as sewerage, we feel that this particular parcel combined
with the residential parcels in the nearby community will create
a perfect balance because the traffic pattern on these streets
will be at its peek on office hours and the residential area will
be at its peek on non -office hours which is the case of the usage
of public utilities. If we decided to build -out this particular
parcel as a multi -story dwelling as the others that are adjacent
to ours, our sewerage usage would be about the same as we're
proposing today if not more as per our architect's statement.
At this time what I would like to do is I would like to
reserve the right and the privilege to make further statements
after I have had, as well as you have had a chance to hear from
members of the public and perhaps I can answer some of their
concerns as well as some of yours. Thank you.
Mr. Gort: Mr. Cardenas, my suggestion
is...I'm sure some of the questions will be coming up during the
opposition., I would like for you to write them down so you can
answer them afterwards. Those in opposition please. Go ahead,
it's open mike. You can use either mike.
Mr. Porter: I'm Kim Porter. I live at 2538
Lincoln Avenue in Coconut Grove. I live just outside the circled
area. The interesting thing to me what Mr. Cardenas was saying
is that all of the changes he's talking about are completely
outside the circled area. Everything within that circled area
right up there except for the bottom right hand corner is a
parking lot, the rest of it is single family or apartments or
condominiums. Those of us who live in the Grove certainly
understand the need for some of the change. Those of us that are
part of north Grove and the Tigertail Association feel very
strongly that a mixed -usage of 27th Avenue is the best usage.
What our fear is is that the mixed -usage is going to be a
residence and an office and a residence and an office. That's
not really mixed -usage. A second thing that I think is an error
in what he has said is that he's Comparing himself with another
evil across the street. In other words, he's saying he is one
story less than the thing across the street which is going to be
five stories. We don't feel that's a very...very good
comparison. We don't feel that's very valid when you consider
the concept of what we're trying to do with the whole area. We
understand that Grapeiand Boulevard or 27th Avenue is going to
change, We're not against the change; we're not against getting
the flow but we are asking that we look at 27th Avenue, we wait;
until the plan is completed by the Planning Department, we look
at things ouch 46 sewage, we look at all of the plans which the
"I's f11#
City. ..the staff has presented and voted against and encourage
you to do the Barrie tonight,
Mr. Gort: Thank you. Next.
(Applause from the audience.)
Ms. Holshauser: I'm Joann Holshauser. I live at
4230 Ingraham Highway. I'm president of the Coconut Grove Civic
Club. I'd like first to ask for the record how many written
replies were in favor of this?
Mr. Dort: You got one showing.
Ms. Holshauser: No, I went down and looked at the
record on Thursday and there were, I believe, four postcards is
favor of it. one of them from Mr. Taylor himself, two of the
others from a married couple living at the same address and one
other. There were a number of cards opposed to it and I don't
know what's in your packets when you ... I know that you all do get
a very thorough packet but I'm not sure that you get the cards
and I would appreciate it very much if you would take the time,
somehow, to read these cards because these cards ;:re from people
who live in that neighborhood and love it and what they say, I
think, is what we all need to be listening to. I think it's
really important that they care about that neighborhood that they
live there with dignity, they love where they live, they have a
reason to be proud. It is a beautiful little tropical example of
why people want to come to Coconut Grove and they don't want the
back part of it changed. Thank you.
I would also like for the record to reflect that I'm
here tonight to represent a number of people. One of the things
that we've learned in the last few months is that several of us
who represent groups of people are told either on the record or
off the record, "Well, why don't you turn out all the people and
who do you represent anyway," and I'm going to say this now,
every time I appear before any of you, so I don't want you to
think it's personal for your Board, but before every Board I want
to say this, I am president of the Coconut Grove Civic Club. I
represent almost 500 people by name. I don't represent everyone
who is in the club every time because nobody in Coconut Grove is
every going to agree all of the time but if you...any of you want
to challenge whether I represent the people I say I represent,
feel free. I do think the record of these meetings should
reflect when someone like I, myself, or Thelma Altshuler for the
Tigertail Association or other designated representatives of
clubs, when we appear and identify ourselves under oath, on the
record, as representing groups of people, that we should be given
the dignity and the people we represent should be given the
dignity of saying there were hundreds of people represented here
tonight because that is the truth. I and Kim Porter and Thelma
Altshuler represent hundreds of people who live in the Grove and
are very aware of what we do.
Having said that I want to talk about this. Z learn
from the people that I oppose. I watch them and I study them and
one of the things I've learned about Mr. Cardenas is that one of
Mr. Cardenas's most telling techniques is that he comes before
Boards and Commissions and assures everyone in honey tones all
these wonderful things and he says them very positively and he
uses a lot of words that are psychologically tuned to reassure
anyone who is listening in case they should have any doubt
whatsoever about the rightness of his position, Ice's very
soothing and he's very reassuring and he uses all the right words
and he keeps using inclusive words that indicate that he
represents all of this or "the" people. Well this isn't really
quite true, Mr. Cardenas, it is interesting that he is one of
the people who's very involved in this corridor. •I've been after
the City since about 179 to let's plan for this corridor. One of
Mr. Cardenas' statements was the only issue remaining is how
many lanes, wtongi there's a lot tote issues involved in the
widening of 27 th Avohue than how Many lanes and whethet there's a
parkway down the Middle or whatevet. He uses words like "as JL.
rightly should bell, Well hey, who says it rightly should be.
You know, this isn't a moral quostidh of good or evil,* it's a
matter Of a phytidal fact and Mr. Cardenas does not 'have the
right thing any more than t do but I don't use the words that
indicate that everything is soothing and fine and it's rightly
so' to when you hear those words, t hope you listen, there at-- a
lot Of Us out there Who don't think it's tightly go. He*s worked
many hours to tee these changes are made, that whole group has.
Yeah# yeah, they've worked many hours, well go have we. What
does that got to do with anything! I would think that you all
would assume that all of us have worked many hours or why are we
up here taking up your Monday night for goodness sake. He says,
"To all of us who have taken a close looko" well we've taken
close look at it and we don't like it and we keep coming up
before you and the other groups and the Commissions and saying we
don't like it. So, you know, what is this, "we've taken a close
look". Yeah, well our close look is just as good as his close
look, in fact, again, since we represent hundreds and hundreds of
people in Coconut Grove, maybe our close look should be a little
bit better considered than it is. It's a logical anchor to hold
the fort, well Mr. Campbell said that before I even got a chance
too, the logical anchor to hold the fort, well we heard about
Bird Road. Yeah, we heard it was logical, uh huh. What
everybody in the Grove is saying, what everybody in the Grove is
saying about developers, I don't want to put on the public record
but I think all of you know what people are saying about
developers and anyone who wants to find out is welcome to go out
in the Grove and talk. I think that what Beth Dunlap said in the
Herald yesterday, I recommend to all of you in this room, if you
did not read Beth Dunlap in the Herald yesterday, please go and
read it because Beth Dunlap who doesn't always agree with us, or
we with her, but Beth Dunlap wrote stunningly of exactly what
we're talking about in the Grove. I offer to you a comment that
was made last year by someone in Atlantic City when he was asked
about that and he said, "It's a corpse that's still making
money." We're coming dangerously close to the point in Coconut
Grove where you're going to make us into the corpse that's still
going to make money for some developers because we can't live as
a village, as a charming place for people to come if you keen
locking off our residential neighborhoods and I don't mean you
personally, you all tonight, I mean all of the City. If you keep
rezoning Coconut Grove, if you keep giving all the developers
what they want because they come before you and speak very
persuasively and put up all these little drawings and tell you
how hard they've worked, you are robbing us of the village that
we live in; the ' village that I want to tell you, we pay high
taxes now for all of the City of Miami to live in Coconut Grove
and the aggravations are getting very severe. Now I have been
told by Mr. Carollo and Mayor Ferre as have sortie of us in the
Grove also, "If you don't like it, you can move." Well, we don't
intend to move. We intend to keep on voting and voting to see if
we can't get some people who will listen to us and not tell us if
we don't like it, we can move.
The problems solved by a Declaration of Restriction,
there is nothing that any lawyer can solve with a Declaration of,
Restriction that another lawyer can not somehow get set aside, and
as for the dividing line is Center Street; wrong! You see where•
that dividing line is right now? Do you see a dividing line
running down Center Street? I don'tJ I see it running down
between the two pieces of property. The access is only a part of
it? Nol The access, I think I'm speaking for these people right
here, the access is not just -a part. It's a very important part
but there are a lot of other things that are very important too
and that 5' wide center, I don't know how many of you remember
when a few years ago we lost a beau
tiful little piece of property
right across from the fire station on Virginia Street and we lost
it because of great big deals that went on and they came down and
VA
were very persuasive and they've got a dondo unit there now and
one of the deals that they tried to put down then was this little
strip of restridtive toning and I'll tell you, it's like the old
Appalachian folk story about the farmer and his wife that deoided
the cow was eating too much so they would just feed the cow a
little bit of sawdust in with it, the cow kept on giving Milk to
they kept putting in more sawdust and less hay and more sawdust
and less hay and the wife was saying, "Gee, the cove's still
living," and tht3 'husband was saying, "Well,. gee, maybe we could
just go ahead and feed it all sawdust," and it worked fine only
the next day the dow died. Well, you know you can do this with
toning changes, you can keep on making a little change here and a
little change there and I think offering a 5' wide toning.. -that
is about as silly an idea for the next attorney who works for
developers to come up an explode that I have ever heard. That
doesn't protect anybody. Do these people out here look like
fools? Do I look like an idiot? Is that going to protect us? I
mean, does anyone out here think that's going to protect you?
Really? Really? (People nodded no)
Mr. Gort:
Ms, Holshauser:
Mr. Gort:
kind of order.
Ms. Holshauser:
Excuse me, ma'am.
Yeah?
Let's keep the meeting Ln some
I'm sorry...
Mr. Gort: Thank, you.
Ms. Holshauser: ...I get carried away. We get so
_ few chances. They're going to have to reduce their density.
Well ... well, I'm sorry, I did not bring my violin so I can not
play a little song of sympathy because a developer is trying to
rezone residential land to put a development on that we don't
need. There are offices for let all over Coconut Grove. The
people who live on that street like it just fine. Leave it
alone. Give us a chance to make the village work. Give the City
a chance to do the study. As I have said, I have begged and
pleaded with Jack Luft since the late 70s for let's all of us sit
down and do something we can agree on. We're asking, let's hold
it at that. Let's don't start rezoning with any little old 5'
strip. Thank you.
(Applause from the audience.)
Mr. Gort: Thank you. Next.
Mr. Marina: Good evening, I'm Anthony Marina,
-
3125 Mary Street. I'm the president of the Grove Gateway
Association also known as the 27th Avenue Association. Last
Thursday we had an opportunity at our normal meeting to meet with
several people from the Planning Department who were there at our
invitation to discuss the proposed changes, etc., on the 27th
Avenue study. That study, which incidentally is not 50 percent
complete, it's about 10 percent complete, was discussed briefly,
it's preliminary. There's a lot of things yet that have to be
done. There's a lot of people that the Planning Department has
to meet with yet and it's 90 to 120 days away. I think that out
of respect for the Planning Department, out of respect for the
neighbors on 27th ,Avenue, out of respect for the neighbors that
live behind 27th Avenue, asking for a zoning change that is
totally and completely different from what surrounds this
particular property prior to a study where a lot of time is being
dedicated, where a lot of people are spending a tremendous amount
of time "both in the private and the public sector is a little bit
premature and i would besiege the Asgard to please vote down this
application because it can be the atraw that breaks the camel's
back, vi-5-4-vie a study which will be out in a short amount cif,
I00
g
May 20# 19054 item 2
Zoning Board
tine. t would like to point out one or tNo things to you abo►it
this particular property. Where is really no plan for what's
going to be done with it. Thia is just an assembly of land.
'phis is just speculative. Lot's put three or four pieces
together because they connect with 27th Avenue using that toning
on 2714th Avenue, let's get the entire thing changed and see what
we do with it, The piece that connects to 27th Avenue t tried to
buy just a few weeks ago so I'm very familiar with it, once the
setbacks and the widening that's going to happen on Day Avenue
and 27th Avenue odcur, what you're going to have is a strip of
land wide enough about to park your neck tie so in reality any
and all development that can occur on this particular piece of
property is going to occur on Center Street, Center Street is
not a cul-de-sac street; Center Street is a dead end street, tf
you want to turn around, you either go into Apogee which is
private property or you go into the back of some of the apartment
buildings and make your turn. Day Avenue is one-way to if you
control traffic, you either make Day avenue two ways which we've
avoided trying to keep traffic out of Mary Street and the
surrounding streets or I don't see hoer you're going to gain
access to the property except for that little tongue that is
right there but anyway, going back, the fat side of the property
is where everything is going to occur. Right next door to that
property there is a small condominium. Catty corner from there
is apogee, one of the most successful townhouse developments ever
in Coconut Grove. It was strongly opposed when it was done but
it was very, very successful. I own property right around the
area. I didn't have an opportunity to vote my wishes because the
cards arrived late but to make a long story short, the entire
Association is pro -development on 27th Avenue. We wish mixed -
use; we think that with mixed -use with people, you can
accommodate businesses, you can accommodate offices and you can
have human beings enjoying both day time and night time
activities but we think that today, at this juncture, when there
is nothing that has been decided, when there's not a single
residential office zoning that has broken through the perimeter
of Tigertail, I think it is wrong right now for us to just go
ahead and jump and blindly say, "I'm going to take this postage
stamp piece of property and I'm going to give it the highest
density allowed in that particular area," and you would be giving
an RO-3/6. I'm a developer, you all know me for that. Give me
Ro-3/6 on all my properties and I can retire. That is completely
opposite to what the Planning Department and at least our
association are trying to work out for the area. We need mixed -
use, we need for the people that will face the rear of that
office building to have something in common; that's why the
mixed -use has always been favored; that's what we think would be
acceptable for 27th Avenue and for perhaps some of the adjoining
properties. I thank you very much.
(Applause from the audience.)
Mr. Gort: Thank you, Mr. Marina. Next.
Mr. Santarcagelo: My name is Gary Santarcagelo. I
reside at 2778 Day Avenue. I own a condominium, a townhouse. It
would be...i guess it would be parcel number 54 on the map just
down from the blue squares. I'd like to address the situation of
traffic. I would address Mr. Cardenas to ask him if there's any
proposal on widening the street. I assume there is as car. Marina
just mentioned. I was not aware of it. The traffic in that area
is unimaginable at this point. I live on that street. We have a
small townhouse-eondomini,um, there are three units. I'm
embarrasses) to say l wasn't go to show up tonight I felt that it
would be in vane but I've got an attitude and I'm really upset
about what's happening in this area. I was born in this area,
I've lived here almost all any life in the genera. area, I've
rented and finally last year I was able to afford to buy a
townhouse— Fine, This area on traffic ig incredible. In the
evenings, You ean' t Walk out in the stredts because the kids use
1002
MAY 20, 1985 Item 2
,Zoning 804ra' ,
"0 1
it as a speedWay. We're talking about a stretch that runs fra it
t-Sary Street to 27th Avenue, ones -way, with ''bo trot Enter" signs at
Mary Street. You can't go east on that street down towards 27th
Avenue. I can't ifflagine what it's going to be Like if it's
widened or if an office building is put there and traffic is
indreased on a one-way or a two-way basis. I had hoped that
after talking with some neighbors over the last couple of months
of finding some 'way of addressing the problem by blocking off
27th Avenue at bay and making the traffic one-way heading east to
the people who live at Apogee which is a beautifully maintained
condominium -townhouse could get access in and out and the people
coming in that street would be residents or visitors and we'd
have some control over the traffic and particularly the crime,
If this office building comes in, we are just inviting mor
traffic, people who don't obeli any traffic laws, speed Limits,
which side of the road there on. Right now the folks coining down
this way are cutting through from the Mayfair to 27th Avenue and
they're going the wrong way, They're going right down, they're
ignoring the "Do Not Enter" signs, heading right down 27th
Avenue: We're going to be boxed in. We're going to be in the
middle of large...which will someday be a large development to
the east or northeast of us and the Mayfair to our backside.
Mason Grove is right behind us, a very high-priced townhouse -
condominiums, I think they're going to suffer also because I can
see the stretch will be Mary Street will be widened. It's got to
be. There will have to be a way out of the Grove to accommodate
the people -coming in to the Grove. I don't even go out of my
driveway on Friday and Saturday night. It's impossible to go to
downtown Grove. If we'd like to go down and enjoy it, we get in
the car...we get...park the car, walk. When we moved in, I
parked on the street which is part of our property, I assume, I
would say the night before Thanksgiving, someone came racing down
the street, side -swiped me, gone, but that's a...I find that that
was a situation that takes place all the time, every month,
someone's being side -swiped and traffic just continues moving on.
I would like to take...I would hope that you would take into
consideration voting in our favor as residents and putting aside
this monstrosity. If ,they want the space, let them head down
27th Avenue but please, try and keep the residential area as a
residential area. It's the only thing we have left. Thank you.
(Applause from audience.)
Mr . Gort:
Thank you, sir. Next.
Mr. Green: Hi! My name is Robert Green. i
live immediately north of the proposed development, the proposed
rezoning at 3165 Center Street. I'm also a real estate developer
and as such, I think I'm somewhat qualified to speak on what is
proper zoning and what isn't. I think the key word in zoning has
always been buffer and as I analyze the proposed zoning with that
word buffer in mind, I'm really perplexed as to what the proper
buffer is. I think the proposal tonight was a 5' strip of
residential being a proper buffer and in my opinion, that just
isn't. The proper buffer historically between a commercial use
and a single family, especially a low --rise single family
residential use, is a mid -rise apartment use and I just don't see
anything of that sort here tonight. If you look to the north of
the proposed rezoning, you have a small three unit development
which is where I live, If you look to the east of the proposed
rezoning, you've got mid -raise residential. If you .look to the
west of the proposed rezoning, you've got single family
residential, If you look to the south, you've got mid -rise
residential, I don't see any use, wh atsoevgr, on the west side
of Tigertail that leads me to the conclusion that commercial
zoning is the proper use on that site. What's happening on the
west aide of Tigertail is a disgrace but that's a whole ether
story and I think that's been properly addressed on other
occasiQns but on the west side, why should we have commercial
zoning over there? Pay Avenue is a one-way street. It's a one-
0O 8
10 may 20, 1910, item 2
Zcnn Board,.,.
Way street for obvious reasons. The traffic at that interchange
is not cap g a two-way able of handling situation, what is the
�'
access going to be to this proposed office building even if
access is c1oted off from Center Street? Let's talk about
something else. Let's talk about density and what's right with
proposed.. .with proposed ,toning. The proposed development is
approximately 40,000 ft. even after the proposed Declaration Of
Restriction. The amount of land that we're talking about here is
20t000 ft. to forgetting the LUI system and the way PPAS are
computed nowadays, what we're talking about in the old language
is an 5'AR of 2. An tAR of 2 right across the atreetoh, by the
way, it might also be four stories --so that kind of an intense
commercial development right across the street from where t live,
a small little three unit development and across the street ftOM
single family homes on the west side of Center Street in the area
marked in blue, just seems to be an inappropriate zoning. So we
appeal to you, please keep that in the back of your hind.
(applause from the audience.)
Mr. Gort: Thank you, sir. Next.
Mr, Cooke -Yarbrough: Good evening, my name is Steven
Cooke -Yarbrough. I live at 3555 Crystal Court in the north
Grove. I'm also co-chairman of the Issues, Research Committee of
the Tigertail Association. Clearly this is a residential area
which does not need yet one more office building in it. one of
the things that people seem to forget in these meetings is that
residential means places where people live. It doesn't
necessarily mean single family housing. That site has got
multiple family housing around it and the best use of that site,
if you want to increase the density$ is to go to a multiple
family housing unit. However, there are a couple of technical
points here that I heard for the first time this evening and I
would like to put out. First of all, I believe Mr. Cardenas said
that the sum total of the three and a half lots is about 22 , 000
plus square feet. The present zoning is RG-2/5 along 27th Avenue
and it's RG-1/3 behind. They're asking for a complete change of
both those zonings to RO. I was under the impression that a lot
had to be 40,000 sq. ft. before you can ask for a zoning change,
however, if you have a contiguous lot to another zoning then you
can ask for the contiguous piece to be changed to the zoning of
the existing lot. We had a case that was referred to earlier on
that Mr. Cardenas was on up on Aviation where this was done but
it's a ca...and this is even more of a case of the tail wagging
the dog look at what's over here but I think the 40,000_sq. ft.
rule should apply here. Secondly, the gentleman here was talking
about buffer, again, I believe that where you go from one
commercial...one type of zoning to a totally different type of
zoning, in this case it would be RO to the RG-1/3 that they're
going to leave a 5' strip along the edges. I believe that the
zoning ordinance requires a 20' setback in that instance. Now,
if you've taken 5' from Center Street and a 20' setback and a
piece for Day Avenue and a piece for 27th Avenue, it's going to
be all setbacks. I don't know how they're going to get in a
sufficient amount of commercial space to make it worthwhile. The
whole thing looks like it needs thinking out again and the best
way to think it out is to say, "Let's leave it residential."
Mr. Gort;
Thank you, sir. Next.
(Applause from audience.)
Mr. Gort: Anyone else?
Mr. Heisenbottle mr, Chairman, honorable Hoard
memhers, my name is Rich Heiseabottle. I'm a resident of Z778
[day Avenue and I'm an architect and l speak with certain
f=iijarity of these things and ypu are charged with a very
serious task here tonight of making what to us is 4 very, very
1 0 0,2.8
Ndy 201 1985, Item 2
Zoning Board a
iMPOttant decisions Now you've heard your Planning Depattnent
and we don't stand before you being opposed to growth, what we
stand before you asking you to do is to be in support of
f eat56h9ibld growth and we don't- think that what we see here is
responsible in any way: You're charged with a task of making a
tern,, ehdation and including in it a report and what t'd like you
to do is to ednsider the things that you've put in this report
tonight, I want you to show in your report that this change is
in definite conflict with the City of Miami's Comprehensive
Neighborhood Plan that this is not 'gayshore Drive and that this
is not 27th Avenue but it is one of the nicest, quietest
residential streets in the Grote. 1 want you to show in your
report that this is contrary to the established land use plan
that would create an isolated district unrelated to the
surrounding community, that it is out of scale with the needs of
the Neighborhood, that it would materially alter the population
density and increase unnecessarily the taxes due to the
speculation in the area. I want you to include that to redefine
the districts boundaries, the zoning boundaries that we see here
in this configuration would in no way be logical. This would
show ... I want you to include that there would be no change in the
conditipns that would make this request necessary. There are no
changes occurring in this neighborhood that necessitate this
zoning change. I want you to state that it would adversely
effect the living conditions and the life safety of the residents
of the area and that it would create increased traffic
congestion, thus affecting public safety. I want you to include
in your report that it would negatively affect property values of
the residential neighborhood and that just this change would be a
further deterrent to the improvement of the residential
neighborhood in its future residential developments. I want you
to include in your report that what this project would really do
is to provide special privilege to two individuals who happen to
own property that's contiguous both on 27th Avenue and on Center
Street. In short, there is no reason that this property can not
be adequately used as it is presently zoned and we urge you that
this Board act responsibly in support of the residents by denying
this application and before we heard Mr. Al Cardenas state to you
that he gave you assurances that if this project was finally
approve that it would not exceed 30,000 sq. ft. As an architect
in this community and as the architect who stood at this very
microphone and presented to you the Miami World Trade Center, one
of the largest projects in the City, I assure you that this
project when it is finally built there, if it is approved, will
most definitely exceed 30,000 sq. ft. Thank you very much.
(Applause from the audience.)
Mr. Gort: Thank you. Next.
Mr. Cold: My name is Ron Cold. I live at
2542 Lincoln Avenue which just beyond the circi.e, the other side
o� Aviation. I'm vice-president of the Tigertail Association. I
don't know if I'm the last speaker for the forces of right but I
would like to use my time just to underscore some of the things
that have been said prior to my appearance and first of all, for
my theme I would like to choose the phrase that was introduced by
Ms. Fernandez, "the intrusion into a viable residential
neighborhood" and I think that's something that you need to dwell
on long and hard. I made a visual appraisal of the housing stock
in this neighborhood, in other words, I took a walk Over there
and I Looked into the neighborhood and it is primarily
residential and I think that we are at risk when we change the
zoning to increase density to a use which I thank has been proven
to be most inappropriate; we have heard some of the residents of
the immediate neighborhood saying how it would impact them. I
think if such developments are allowed to be completed, we're
going to risk 1Q*ing these good residents who comprise a stable
neighborhood and when that happens, we're going to have more of
10028
12 May 20, 19$5r item 2
Zoning Beard
the sawdust that ',its. Holshauser mentioned before. Dn Lincoln
Xvehue and Aviation yesterday, I spend a great deal of tifte
outdoors, we tried to have a fartil.y gathering. There were cars
up and down Aviation Avenue all afternoon long. I'm not
suggesting that an additional office complex is the cause of such
things or will add to it but what I am suggesting is that what we
are doing is damaging the'residontial neighborhoods in Coconut
Grove that have dontributod so ouch to ghat we have come to love
in the village of Coconut Grove and again, as I said I would
underscore some of the things that have been said before, the
article by Beth Dunlap yesterday in the Miami Herald, I thank, is
most instructive and we are at risk of losing the very things
that has made Coconut Grove valuable and a development like this
which I think is most inappropriate is going to at the very least
damage the residential neighborhood and it's going to be one step
more in destroying it and I would like you to think about that
very closely. We need to preserve the residential neighborhoods
which mean so much to what Coconut Grove is today* We are not
opposed to commercial development, we are not opposed even to
highrises but I think they need to be put in the proper places
and I think that this location is not one of them. Thank you.
(Applause from the audience.)
Mr. Gott: Thank you, sir. Next. Next.
Mr. Ligerman: Good evening, I'll try to be
short. I just want to state that I'm also...
Mr. Gort: Name and address please, sir.
Mr. Ligerman: My name is David Ligerman. My
address is 2715 Tigertail which is the Green Company Building
that I bought my unit in 1976. I first came to the Grove in 1964
so I'm quite familiar and I've always liked the Grove and I am
strongly opposed to anything of this nature, a commercial -office
building in a ... what is really a strictly residential section as
has been pointed out. It is not a mixed -use area in that circle
that they're discussing. Most of the points I'd like to say have
been covered well. I would like to directly refute Mr. Cardenas,
one comment he said. He seems to imply that residents don't have
to drive to work that they only need to use their ears during the
time when there's no rush hour. ' I happen to be one of those
residents that work that have to drive to my office during the
rush hour. I agree with him that at 2 o'clock in the afternoon,
traffic is not a problem for me but at 8 o'clock in the morning
it is, at 6 o'clock at night it is and I think this would only
compound the problem. Also, I specifically feel that there's no
need for more office space in Coconut Grove at this time. I do
know a little bit about this because being a CPA with my own
business, I have spent time looking for office -space and there is
so much space available in the Grove with more coming on that I
feel this is just• not something that is community needed at -this
time and I certainly would be opposed to it. I also am -a member
of the Board of Directors of the Tigertail Bay Condominium
Association. I am not speaking formerly for them but most
everyone I speak to of the 60 owners in the building indicate
that they seem to be opposed to this ordinance so I would please
request that the Zoning Board. vote against this change in the
zoning. Thank you very much.
(Applause from the audience.)
Mr. Dort; Thank you, sir. Next.
Mr. McMaster; My name is Jim McMaster, I live at
2940 SW '30 Court, I missed the beginning of the meeting Deca44e
I had to stay late at work. I did not hear Mr, Cardenas's speech
but I was at the meetings about the rezoning at the corner of
13 May Zs, 1904
Zoning 304rd
Whe sawdust that ;ors. Holshauser mentioned before. Can Lincoln
Avenue and .aviation yesterday, I spehd a great deal of tune
outdoors, we tried to have a family gathering. 'Thera were cars
up and down Aviation Avenue all afternoon long. I'm not:
suggesting that an additional office cofitplex is the cause of such
things or will add to it but what I ate suggesting is that what we
are doing is damaging the residential neighborhoods in Coconut
Grove that have contributed so Much to what we have cone to love
in the underscoretomeofCthenthingsvthatd'havveibeenssl said r would
village
osaid before, the
article by Beth Dunlap yesterday in the Miami Herald, I think, is
most instructive and we are at risk of losing the very things
that has made Coconut Grove valuable and a development like this
which I think is most inappropriate is going to at the very least
damage the residential neighborhood and it's going to be one step
more in destroying it and I would like you to think about that
very closely. We need to preserve the residential neighborhoods
which mean so much to what Coconut Grove is today. We are not
opposed to commercial development, we are not opposed even to
highrises but I think they need to be put in the proper places
and I think that this location is not one of them. Thank you.
•
(applause from the audience.)
Mr. Gort: Thank you, sir. Next. Next.
Mr. Ligerman: Good evening, !III try to be
short. I just want to state that I'm also...
Mr. Gort: Name and address please, sir.
Mr. Ligerman: My name is David Ligerman. My
address is 2715 Tigertail which is the Green Company Building
that I bought my unit in 1976. I first came to the Grove in 1964
so I'm quite familiar and I've always liked the Grove and I am
strongly opposed to anything of this nature, a commercial -office
building in a...what is really a strictly residential section as
has been pointed out. It is not a mixed -use area in that circle
that they're discussing. Most of the points I'd like to say have
been covered well. I would like to directly refute Mr. Cardenas,
one comment he said. He seems to imply that residents don't have
to drive to work that they only need to use their cars during the
time when there's no rush hour. ' I happen to be one of those
residents that work that have to drive to my office during the
rush hour. I agree with him that at 2 o'clock in the afternoon,
traffic is not a problem for me but at 8 o'clock in the morning
it is, at 6 o'clock at night it is and I think this would only
compound the problem. Also, I specifically feel that there's no
need for more office space in Coconut Grove at this time. I do
know a little bit about this because being a CPA with my own
business, I have spent time looking for office zpace and there is
so much space available in the Grove with more coming on that I
feel this is just• not something that is community needed at this
time and I certainly would be opposed to it. I also am a member
of the Board of Directors of the Tigertail Bay Condominium
Association. I am not speaking formerly for them but most
everyone I speak to of the 60 owners in the building indicate
that they seem to be opposed to this ordinance so I would please
request that the Zoning Board vote against this change in the
zoning. Thank you very much.
(Applause from the audience.)
Mr. caort; Thank you, sir, Next.
Mr, McMaster: My name is Jim mcmaster: I live at
2940 SW 30 Court. 1 missed the beginning of the meeting beoause
I had to stay late at 'work, I did not hear Mr, Cardenas's speech
but I was at the meetings about the rezoning at the corner of
1Q0$
13 May0# 1985.4 item 2
zoning acard ;
F-
the sawdust that ,its. Holshauser mentioned before. on Lincoln
Avenue and Aviation yesterday, I spend a great deal of time
outdoors, we tried to have a family gathering. There were cars
up and down Aviation Avenue all afternoon long. I'm not
suggesting that an additional office cohiplex is the cause of such
things or will add to it but what I afh suggesting is that what -we
are doing is damaging the' residential neighborhoods in Coconut
Grove that have contributed so much to what we have cone to love
in the village of Coconut Grove and again, as I said I would
underscore some of the things that have been said before, the
article by aeth Dunlap yesterday in the Miami Herald, I think, is
most instructive and we are at risk of losing the very things
that has Made Coconut Grote valuable and a development like this
which I think is most inappropriate is going to at the very least
damage the residential neighborhood and it's going to be one step
More in destroying it and I would like you to think about that
very closely. We need to preserve the residential neighborhoods
which mean so much to what Coconut Grove is today. V16 are not
opposed to commercial development, we are not opposed even to
highrises but I think they need to be put in the proper places
and I think that this location is not one of them. Thank you.
r
(Applause from the audience.)
Mr. Gort: Thank you, sir. Next. Next.
Mr. Ligerman: Good evening, I'll try to be
short. I just want to state that I'm also...
Mr. Gort: Name and address please, sir.
Mr. Ligerman: My name is David Ligerman. My
address is 2715 Tigertail which is the Green Company Building
that I bought my unit in 1976. I first came to the Grove in 1964
so I'm quite familiar and I've always liked the Grove and I am
strongly opposed to anything of this nature, a commercial -office
building in a ... what is really a strictly residential section as
has been pointed out. It is not a mixed -use area in that circle
that they're discussing. Most of the points I'd like to say have
been covered well. I would like to directly refute Mr. Cardenas,
one comment he said. He seems to imply that residents don't have
to drive to work that they only need to use their cars during the
time when there's no rush hour. 'I happen to be one of those
residents that work that have to drive to my office during the
rush hour. I agree with him that at 2 o'clock in the afternoon,
traffic is not a problem for me but at 8 o'clock in the morning
it is, at 6 o'clock at night it is and I think this would only
compound the problem.' Also, I specifically feel that there's no
need for more office space in Coconut Grove at this time. I do
know a little bit about this because being a CPA with my own
business, I have spent time looking for office .space and there is
so much space available in the Grove with more coming on that I
feel this is just. not something that is community needed at this
time and I certainly would be opposed to it. I also am a member
of the Board of Directors of the Tigertail Bay Condominium
Association. I am not speaking' formerly for them but most
everyone I speak to of the 60 owners in the building indicate
that they seem to be opposed to this ordinance so I would please
request that the Zoning Board vote against this change in the
zoning, Thank you very much.
(Applause from the audience.)
Mr . Gort;
Thank you, sir. Neat.
Mr, Mchaster: My name is ji:m mcNaster, I live at
2940 SW 30 Court. I missed the beginning of the meeting because
I had to stay fete at work. I did not hear Mr. Cardenas's speech
but I was 4t the meetings about the rezoning at the corner of
10028
i 144Y 20, 19854 item 2
,Zoning Board
SirA and Aviation and Mt, Cardenas explained to us that it was an
island or it was a unique and special case and that it would not
lead to any `urttler rezonings of property that did not front
directly on to 27th Avenue and the planning beparttent pointed
out to fir. Cardenas that all the way down the other side of 21th
Avenue from this property, on the Fight hand side, that any
precedents at the corner of Gird and Aviation could lead to
piedes of property let's say on Trapp or Lincoln going back in to
be rezoned to a higher density and Mr. Cardenas stood there and
said, "Oh, no, that would never happen," so let's...1 mean, he
assured us...
Mr. Perez-Lugones: Mr. McMaster, have you sworn in?
Mr. McMaster,. No, sorry►
(Mr. pere2-Lugones administered oath to Mr. McMaster.)
Mr. Moran-R ibeaua: What do we do, we scratch the
first half now? (chuckled)
Mr. McMaster: Do I repeat myself? You know,
just my point is, is that he swore up and down that this would
not lead to any rezoning of any pieces of property that did not
front directly on to 27th -Avenue and that that was not something
he wanted or intended and here...on that piece of property, Mr.
Cardenas representing Mr. Carrillo who had an option to buy the
property swore up and down that if they gave us rezoning that
Coconut Grove and the City of Miami would benefit with a sterling
new office building that would pay taxes. Well, even before it
was rezoned there was a sign on the property, "For Sale", someone
called.. they denied it was for sale, someone called Coconut
Grove Realty, it was for sale for 1.3 million dollars. The
property was rezoned which is going to destabilize the
neighborhood around and yes, we've got new construction. We've
_ got a new Coconut Grove Realty sign on the property, "For Sale",
and that property will sit there and nothing will be built on it
and here it's quite obvious that what this is going to lead to is
that the historic boundaries behind these properties that front
27th Avenue is going to be broken here and the important issue
+ here is if you allow the rezoning of this property along Center
Street, you had better be ready to allow the rezoning of the
property along Center Street where it comes off of Bird Road and
the rezoning of all those properties down Trapp and follow Bird
- Road down from 27th to US-1 and all the property that backs in
from US-1, any major thoroughfare in Coconut Grove, if you pass
something like this and break the historic zoning, they will be
coming in at every weak point, on every corner wanting rezonings.
Thank you.
(applause from the audience.)
y
Mr. Gort; Thank you. Next.. Next. Anyone
else in opposition? Please don't sit. We still got to listen to
three or four more items. I'd appreciate it if anybody wants to
speak, try to be ready. Go right ahead, sir. The mikes are
open. Well, why don't you stand over here when...
Mr. Slager; My name is Donald Slager. I live
at 3134 Center Street. I'm the vice-president and treasurer of
Apogee Association which is the association that was spoken of
condominiums at the end of Center Street. About five years ago I
nought a unit at 3130, we've lived there since then, we've
enjoyed the area so much that when the unit adjacent to us became
available which was the pool unit, we made the decision to go
ahead and continue living in the area and to move to that unit
and sell our other unit. I think that what this is representing
is a shiftin what all of 'us begun to love and the reason we've
stayed in the Qsove and the reason.we've stayed on Center Street.
if you take a look at the particular percela that they're talxing
11
about and you look at what's in front of it, there are two
Apartment buildings in froftt of it and so this Particular
development, if it's going to be approved, it's going to be
surrounded then by apartment uses and all of the sudden we're
doing to end up with this four or five story office building
sitting right in the Middle of our very quiet and enjoyable
neighborhood- and I'm sure that after you've heard all of this
evening, your decision should be obvious; we don't Want it and we
don't think we need it. Thank you.
(Applause from the audience.)
Mrs Gort: Thank you, sir.
Mr. Jamieson,. I was sworn earlier. My name is
Lewis C. Jamieson, 3165 Center Street which is right next door to
the affected property. I'm also president of the Center View
Townhouse Association which comprises of three units that are'in
there that Mr. Green spoke of and just about everything has been
said that I would have to say except I believe that I...Mr. Green
and I stand to be the most directly affected by this change.
There will be a multi=story office building with people at their
typewriters looking in my windows and I don't believe that's a
proper use in any kind of a neighborhood. Thank you.
(Applause from audience.)
Mr. Gott: Thank you, sir. Next. Anyone
else? Anyone else in opposition? one? two? three? Sir, you've
got a few minutes for rebuttal.
Mr. Cardenas: Thank you, Mr. Chairman, members
of the Board, I appreciate the opportunity to do so because I'd
like to bring back into perspective the discussion as to this
particular parcel as it sits on a particular location and the
dynamics and synergy of that particular intersection and how they
have changed and why they warrant this change. Let me real quick
answer some of the comments made for the record and it will not
take very long as to...Joann, I thank you for the comments as to
my voice, I think you have a wonderful voice as well and we've
done battle here before and we'll do it again. I think —and we
agree on similar principles and on some we don't and that's what
makes this process so wonderful and especially your comment about
Beth Dunlap's article. I read it with interest because Beth is a
brilliant young lady who went to Vassar and the finest schools
and I've admired her for many years and liked some of the things
she wrote and disagreed with some others. I was interested
especially in her article about the Mayfair because it pointed
out and I think the differences of opinion in this community
where everybody's heart is in the same place but their way to get
there is so different. Beth felt that the Mayfair 'II phase was a
lot more attractive than the phase I but collectively they didn't
add very much and Ken Triester could have done a better job.
Well, to begin with, I like the first phase more than the second.
It's a matter of aesthetics and second of all, I think that the
Mayfair has added a wonderful use and a wonderful ambiance to
that corner of the Grove and I frankly, feel that way and I
disagreed with Beth about her feelings and many folks and I think
both of us certainly agree that we want a better community to
live in and one that we all enjoy. our approach and philosophy
and our depiction of aesthetics is as different because we've
different human beings but the important thing is to make sure
that we always respect one another and that's just the point that
I wanted to underline, The important thing., Joann, the one thing
comment I did want to add i,s about the 5' strip. You mentioned
that it was basically a laughable and nonenforceable concept, I
want you to % now that I do take my job very s+ribusiy and
research and I study it and I'm not the inventor of the 5' strip
theory. Charlie Gottlieb did a genial job of it with 'his lawyers
awhile back when his property by the fire station vn Virginia was
re16ned and he provided this 5' strip declaration, the City
attorneys held it enfotceable, I believe as a zoning lawyer that
it's enforceable and nobody's ever Challenged it and I think
folks on the City staff Can tell you that it's never been
challenged and it stands scrutiny to this day, It's the wale
Principle that I'm advocating and that's why I proffered that
Declaration because I a.m cognizant of the possible domino effect
and this S' strip will deal with it effectively just as it dealt
in Virginia Street effectively. The second point is that the
wording that I Have used in the Declaration of Restrictive
covenants+ tloann, is wording that comes from case law, various
cases, 1 have held the validity of these restrictions, I've
worked on similar phraseology with the City Attorney's Office on
numerous occasions and I'm comfortable that it's legal and
enforceable and I've proffered on that study basis.
As to Mr. Marina's comment, I want to make one
clarification. Tony, for the record, we have not applied for RO-
5/6 zoning, we've applied for RO-2.1/6 zoning and I think.you and
I know the differences in both and the other thing, 'Cony, and you
and I go back a long way and I think respect each other
enormously, I wanted for the record to clarify one thing, if you
would, during your presentation, I wanted to know in my mind
whether every statement that you made in your presentation was
made as president of your association depicting the feelings of
your association or were there times during your presentation
where you spoke personally and not on behalf of the association?
Would you ... just for the record, if I may.
(Mr. Marina answered from the audience. Inaudible.)
Mr. Perez-Lugones: We need that on the microphone.
Mr. Gort: Come up to the mike, Tony.
Mr. Marina: The meeting of last Thursday,
whatever that might be, 23 people present, 5 non-members, when
the vote was taken there was about 13...it was 13 to nothing.
Mr. Gort: You spoke on behalf of the
association?
Mr. Marina: Yes, I did.
Mr. Gort: Thank you, sir. Okay, Mr.
Cardenas.
Mr. Cardenas: Thank you. The other points that
I heard...there was a gentleman who spoke about his concern for
the traffic and the fact that he was not aware of the widening of
the 27th Avenue. That has been the single major reason why we
have selected certain parcels to come and request a rezoning for -
because as 27th Avenue will widen and there's nothing that we can
do about it, that's past tense and rightfully so, the character
of things change. I remember the Aviation parcel, there was a
gentleman that my clients shared that island with who --Mr.
Pittone, a wonderful gentleman who lived in the Grove for three
or four decades, and his main argument was that our project would
take away the enjoyment of his using his backyard. Well, it
wasn't out project, his backyard was right in the midst of the
extension of 27th Avenue and I,think Mr. Pittone will tell you
today after he's learned of the plans of the 27th Street
widening, or Avenue, that he'll have a total of 2 1/2 ft. of
backyard so,..or 3 ft. so..,and obviously he won't have a
backyard and he'll make therightdecision and sell his home and
make a nice profit and find a wonderful home to move to and
that's just the nature of the situation, as things change, zoning
and land use must charge.
As to Bob Green's comments let me add a caveat► i I
Will# Bob.
Your family have been exemplaryqxemplary leaders of this
community for many ears and as one who is i.ntareeted in
development myself, I don't think I have a veer bad memory and I
10028
l% may 20, 1905"1 Item 2
Zoning 404rd
recall, interestingly enough, that tight across the street 6h Day
Avenue ftorft out property it a six- 8tory building and let -e point
to it, here --at the time that six-gtory structure was built right
on the intersection whore we're seeking the toning change, there
was an uproar that it was too tail, that there's too nuch density
and that building did not belong in wonderful Coconut Grave with
sinclid and family dwellings and duplexes. Let me for the record
reflect, if MY memory does not fail me, that it was the Croon
family who built that parti'cular project in spite of the
opposition of the community at that time and to me it's a
wonderful project and I'm proud of it, I've looked at it, it's
clean, it's neat, people who live there seem -happy and it's, t
think, properly structured with the proper density at the right
corner so even though you live in another home in the other area,
you've, you know, this particular six -story facility was built
right across the street almost the same distance from where you
live from this particular parcel and I think it's doing quite
well so my point to the Board is that things in the Grove ...
sometimes folks initially get concerned and express that concern
not knowing what 'happens but as happened when the Green family
built that particular project, after it was over and the dust
settled, I think most of the folks in the Grove now live
comfortably with it.
The last couple of thoughts to clarify the record. A
gentleman correctly pointed out and I think he studied the law
well that to seek this particular zoning change we needed a total
of 40,000 sq. ft. or more. He's correct but that is measured at
law, and I think the City Attorney will attest to that, by gross
lot area. Gross lot area in this particular parcel exceeds
44,000 sq. ft. The net lot area that I referred to is the net
lot area as is def ined within the ordinance and that was in the
30 some thousand square feet. The particular nuances and laws
that affect the building and design of this particular parcel, do
permit construction in Day Avenue, fronting 27th Avenue and do
permit a very.. as a matter a fact, attractive facility. I have
seen a rendering which I am not. . -it really wouldn't be
appropriate for me to proffer it today because I'm not here on a
contract zoning basis but I've seen a rendering of the •proposal
and it looks no different erent to me the way that it's intended to be
used than the apartment buildings that the Green family built or
the mixed -use facility that I explained across the street on the
east side of 27th Avenue and I also want to make one last
statement as to the allegations that were made about statements
that I proffered on Aviation. Obviously, it's not part- of this
case but for the record, the domino effect concept was being
discussed insofar as that project would affect Aviation and Bird
Road and at that time I had stated in my argument that there
would be domino effect, as I know there will not be, on either
Aviation or Bird because of the nature of the particular parcel
that we sought to rezone and I think that you'll find that will
stand up as well.
Let me restate now, last minute, our conclusion
relative to why we seek this rezoning and why its meritorious.
Let's concentrate on this particular intersection that we seek
the rezoning for. This is an intersection involving Tigertail,
Day Avenue and 27th Avenue. On the intersection involving ... on
the southeast side of the intersection, we have coming within 100
ft. of the boundary of our property the Grand Say Plaza which is
a 15-story facility. Next to it, also touching the intersection,
is the Grand Bay Hotel. On the other side, on the west of 27th
Avenue and the east, side of Tigertail,'we have a 5-story
apartment building. On the other side of Tigertail, we have the
Green project that I referred to, the 6-story project and that
faces the subject parcel and then as you go further on the north
side of Tigertail is a mixed -use development that was already
authorized by your Board, So there are five corners in this
particular intersection, Of the five corners, two of those are
office, have permitted office use, one has a hotel., there are two
6 and 5-story apartment buildings and then thoWs our parcel,
That's the intersection we're referring to. We're not t4lxinq
about a single family street. We're tal'Xing about on
0028
May 20, 19654 stem
Zoning
thZs ih tetsection :where there are six Major tall buildings and
intersection there's a 6...ptoposed 6-9toty mixed -use buildirtg,
there's a 15-8tory apartment building, there's a hotel, th ete's a
5story apartment building, there's a G-story apartment building
and then there's Our parcel. That's the intersection I'ttl
referring to and because it's an intersection and because of the
ctia—hgd in 27th avenue and that particular area, we respectfully
request that this Board grant our request in keeping with the
changes in that neighborhood and in keeping with the geed for a
better land use for that particular anchor which will become the
east anchor of 27th Avenue along with the mired -use project.
Thank you very Much.
Mr, Dort: Thank you, Mr. Cardenas. Y'es,
ma'am, I'll ask you a question...
Ms. Holshauser: Thank you.
Mr. Gort: ...but that's about it because I
will not have rebuttal back and forth. Yes, ma'am.
Ms. Holshauser: My question is why he continues to
refer to it as if the corner piece of property was it. ..he is
referring to this as if the corner needed to be rezoned.
Mr. Gort:
Believe me...
Ms. Holshauser:
to see that.
Ma'am, we understand all that.
Well, I would like all .he Board
Mr. Gort: ...We sit here ... we' re not durm.iies
either, we understand what takes place and we can listen to the
presentation and we have to listen and we're entitled..
Ms. Holshauser: I wasn't concerned about your
listening. I'm just wondering how is he getting away with
referring to it that way.
Mr. Gort: we're entitled... we're
entitled... we're entitled to anyone making a statement. Anyone
can come here and make their statements as long as with
the...regarding with the property where we're talking about.
Ok ay?
Ms. Holshauser: He's under oath and keeps saying
that corner and that corner does not need to be rezoned.
Mr. Gort: His opinion is different from
yours, ma'am, that's why we're here. Okay, I now close the
public hearing and comments about Board memberg. Questions?
Comments? Yes, Mr. Sands.
Mr. Sands: I want to ask one of the members
from one of the associations ---(cleared his throat) excuse me --the
Tigertail Association or other homeowners association, Were you
in favor of the piece of, ..what was it a mixed land use that we
passed a few weeks ago, was the association in favor of that
particular project?
Mr. Gort: Well, it's a...I understand it. I
think it was 27th Avenue Association.
Mr. sands;
to Ti.gertail,
Yeah, from Lincoln, , . from Lincoln
Ms. Iioishauser; No, sir, we were opposed to that
and we continue to oppose it,
Mr, Gort; They ware opposed and l thin% the
27th Avenue Assooi4tion was in favor of that one,
is May got 1985, Itam g
Zoning Doard
c
0
M
Mr. Luaces:
You know, what t would like to
Mt, Sandat The reason Vt asking 'his, Mr.
Chairman, is because we have so many opposed and I don' t
remember... recall seeing this many people being opposed to that
project and they're still in that radius. They had that satire
right, right? Now, I caste here tonight and after being toured on
Thursday, with all intentions of voting for this in the
affirmative but right now I'm up in the air about it because I
don't understand how we could let one go and the other not go but
still I haven't made a decision yet, I'm sorry.
Mr. Luaces: yr. Chairman?
Mr. Gort: Yes, sir.
Mr. Luaces: If there's no...any more comments
between the Board members, I'm ready to move.
Mr. Gort: Let me ask here. Is there any
other comments from the Board members? Go ahead, Mr. Luaces.
Mr. Luaces: Okay. After considering the
factors set forth in Section 3509 of ordinance 9500, I -move that
the request on agenda item number 2 be recommended to the City
Commission for approval.
Mr. Gort: There's a motion for approval, is
there a second?
Mr. Romero: Second.
Mr. Gott: The move has been seconded. Is
there any discussion on the motion?
Mr. Moran-R ibeaux: No, I totally disagree with it so
there is no point in discussing it.
Mr. Gort: You can state it in your
discussion.
Mr. Moran-Ribeaux: I mean, it's just I don't
think...I think he failed to prove the point. I think it's going
to far away from 27th Avenue for me to feel comfortable.
Mr. Tuaces: But you have to look at the
different...
Mr. Gort: Excuse me. Excuse me, sir. Let
him finish and then... r
Mr. Moran-R ibeaux: No, I just, you know, 27th in as
much as I dislike all the change, you know, I have to accept that
it has to be changed. I mean as soon as we start changing
everything else around it, I get very uncomfortable and this
happens to be a little bit far away from what I would consider
the main thoroughfare and it's too much into residential area for
me to be comfortable with a zoning change of that magnitude.
Mr. Luaces! We recommended one just across the
i street from it.
Mr. Moran-Ribeaux; And one error doesn't justify
another.
Mr, Luaces: That ... you may be right there but
I think that the area is ready for this move in here.
1 002a,
Slay 28 1904 1tem 2
�cnq Board
Mr. 'loran-Ribeau+c: That's...NO, that's my persdital
opinion. It's, you knot..,
Mr. Cort., Is there any further discussion)
Any further discussion? Being none, call the question.
Mr. Perez-Lugonest Mr. Chairman, we have a and i6 t to
redommend approval to the City Cdautiission on item nutber 2. The
motion has been made by Mr, tuaces and soconded by Mr, Ad zero.
f ' 11 call roil.
AYES.. Messrs. Luaces, Romero, Sands and OeYurre
NAYE5: Ms, Basila
Messrs. Gott and Moran-R ibeaux
(During vote)
Ms. Basilat I vote "no". I think we should
wait for the City study. I think the residents have brought up a
lot of wonderful points. I'm also concerned about the sewage
that Mr. Campbell brought up. I vote "no".
r
Mr. Gott: Mr. Cardenas, I think you :Wade an
excellent presentation and it was very good but I can't go with
this one. I'll have to say "no".
ABSENT: Messrs. Freixas and Channing
Mr. Perez-Lugones: The motion fails to win majority;
it's considered to be denied...to be a recommendation for denial.
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 3509 OF ORDINANCE 9500, AS AMENDED,
MR. LORENZO LUACES MADE A MOTION TO RECOMMEND
APPROVAL OF THE CHANGE OF ZONING
CLASSIFICATION IN THE OFFICIAL ZONING ATLAS
OF ZONING ORDINANCE 9500, AS AMENDED, FROM
RG-2/5 GENERAL RESIDENTIAL AND SPI-3 COCONUT
GROVE MAJOR STREETS OVERLAY DISTRICT FOR LOT
1, COR NELIA M. DAY'S SUBDIVISION (3-16) AND
R G-1/3 GENERAL RESIDENTIAL (ONE AND TWO-
FAMILY) FOR THE S1/2 OF LOT 12, LOTS 13 AND
14, COR NELIA M. DAY'S SUBDIVISION (3-16) TO
RO-2.1/6 RESIDENTIAL -OFFICE ELIMINATING THE
SPI-3 WHICH FAILED BY A 4 TO 3 VOTE,
THEREFORE CONSTITUTING A RECOMMENDATION OF
DENIAL.
Mr. Gott: Do I hear a motion for denial?
+fir. Moran-Ribeaux: Okay, I move it to be denied.
Mr.
Gott:
It's
been moved.
Is there a
second?
Ms.
Basila:
I'll
second.
Mr.
4
Gort;
It's
been moved
and seconded.
Mr.
Cardenas:
Excuse me.
Mr.
Go€t;
Now#
wait a minute!
How can you
say denial, it's 4 to 3.
Mr.
Cardenas;
It was 4 to 3.
1,0028
2Q
May 20#
1985, Item �
Zoning
aoa3
ARM
Peret-Loqoheg,.
You hoed 5 tot
anything to bAgts
Mr. 'Motan-P, !beaux-.
Willy, it fails
automatically,
Mr. (3ort-.
Okay.
Mr. Perez�Lugones:
If you don't ...
it you don't gain a
majority it is considered to
be denied. In this
date it Is a
recommendation for denial,
Mr. Luaces,.
It's ... isn't it
going to the City
Commission anyllvd?
Mr. Moran-Aibeaux,.
Yeah* for denial.
Only with a
recommendation of denial,
Mr, Gort.-
You don't need
a motion then for
denial. do you?
Mr. Moran-Ribeaux:
No.
Mr. Perez-Lugonest
No, it's automatic.
Mr. Luaces-.
We don't need a
motion.
Mr. Gort:
You don't need
a motion, it's
automatic.
Mr. Cardenas:
But the record
reflects that four
voted in favor and three against.
Mr. Gort:
Yes, sir.
Mr. Perez-Lugones:
Absolutely, the
vote has been 4 to
3. It has failed to have 5
in favor which is
what is required
for it to pass...
Mr. Gort:
Right. okay.
Mr. Perez-Lugones:
...according to
the rule of
procedure it is considered to
be denied.
Mr. Gort:
Thank you all.
Thank you all for
being here. Will you call item
number 4.
TO- THE MIAMI CITY COMM 88TON
ROt : tIMTAIL EAy CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, EL 33133
RE. PROP05Eb ZONI'NC CHANCE
2701 -01 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
7 2 3 eJ— P// 9
ATE UNIT #
SIGNATURE
A E I i I i 6 9
TO! Tt4t MIAMI CITY COMMISSION
I`f QNI: TIGEATAIL $AY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, Vt 33133
RE: PROPOSED ZONING CHANCE
2701 =03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, nay's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from, the
subject property.
Iam OPPOSED to anv Zoninc change from residential use.
7 z 5- A� 2
DATE UNIT #
SI ATURE
�d'� 6-e t"�' n
TO.- THE MIAMI CITY COMMISSION
FROM. TIGtRTAIL 8AY CONDOMINIUM
UNIT OWNER
2715 Tigortail Avenue
Coconut Orove, VL 33133
RE: ppopo8tt) ZONING CHANGE
2701 -03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoninc change from residential use.
DATE
UNIT #
SIGNATURE
rc , C "C I 1'>' f- (C
Tnt MIAMI CITY COMMISSION
TIOtPTAIL 13AY CONDOMINIUM
UNIT OWNER
2719 Ticlertail Avenue
coconut Grove, Vt 13188
ZONING C8ANCE
2701 -03 bay Avenue & Approximately 8191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
i.
of Cornelia M. Day's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
1 am OPPOSED to any Zoning chance from residential use.
TE UNIT
SI A
10028.
THE MIAMI CITY COMM188109
TICERTAIL 13AY CoNt)OMINIUM
UNIT OWNER
2715 Tigortail Avenue
Coconut Orove, Pt 33133
PPopo8tb ZONING CliANC-t
2701 -OS nay Avenue & ApproXimately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, Day's 8ub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATE UNIT #
SIGN MIZ-
t t 1111 b N
1q.. THE MIAMI CITY COMM188ION
PROM. TIGtRTAIL BAY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Orove, Vt 83138
REs PROPOSED ZONING CHANGt
2701 -03 nay Avenue & Approximately 3191 Cetter Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of C6rnelia M. Day's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue f.-orthe
subject property.
I am OPPOSED to any Zoning chance from residential use.
DATE' UNIT 4
5IGNAT )IRE
P E T I T 1 0 N
TO-. THE MIAMI CITY COMMISSION
EEoM! TIOEATAIL tAY CONDOMINIUM
=T OWNER
2719 Tigertail Avenue
Coconut Grove, E,L 33133
WE.- PROPOSED ZONING CHANCE
2701 =03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub, (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
1 am OPPOSED to any Zoning change from residential
DATE UNIT # S IGNAVURE
Iq
C1 jet
1? I T I O N
TO.: THD MIAMI CITY COMMISSION
FROM: T10tATAIL RAY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
C000nut Grove, Vt 33113
RE'. PROPOSED ZONING CHANGE
y 2701 -03 Day Avenue & Approximately 3151 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change residential use.
, Ith, I -
611
D Z
THE MIAMI CITY COMMIS81ON
TlOtRTAIL tAY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut OrOVO, Pt 33133
RE: PROPOSED ZONINO CHANGE
2701 -08 bay Avenue & Approximately 8191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATE UNIT # GNATURE
Tnt MIAMI CITY COMMISSION
ty
PROM! TIOERTAIL RAY CONDOMINIUM
UNIT OWNER
2715 Tigortail Avenue
Coconut Orbve, Vt 33I33
RE: PROPOSED ZONINO CHANCE
2701 -OS Day Avenue & Approximately 8191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day' 8 Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use,
DATE UNIT 4 SIGNATURE
k 9 11 T 1 0 9
ANiJtt
THE MtAMI CITY COMMISSION
TlCtRTAIL SAY CONDOMINIUM
UNIT OWNER
2715 Tigortail Avenue
Coconut Grove, PL 33133
PAoPoStb ZONING CHANGE
2701 -03 Day Avenue & Approximately 3191 center Avenue
Lot 1, the 8 1/2 of tot 12, tots 13 & 14
of Cornelia M. Day's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
�kg 5 &16
DATUNIT # SIGNATURE
P t T I T f O N
!q! THE MfAMI CITY COMMISSION
Za!�M-- TIOPRTAIL tAY CONDOMINIUM
UNIT OWNER
2715 Tigortail Avenue
Coconut Grove, Et 33133
RE.- PROPOSED ZONING CHANGE
2701 -05 Day Avenue & Approximately 8151 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, Day's sub. (3-16)
t am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
/-/0
DATE UNIT # SIGNATURE
1002*8
p g T I T 1 0 N
' C THE MIAMI CITY COMMISSION
TIGDRTAIL DA'Y CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove; EL 33133
RE.. PROPOSED ZONING CHANGE
2701 -01 Day Avenue & Approximately 3151 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATE UNIT # GNATURE
TT 0 THE MIAMI CITY COMMIS81ON
TlOtATAIL 13AY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, PL 33133
E. PROP08tD ZONING CHANGE
2701 -03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property,
I am OPPOSED to any Zoning change from residential use.
DATE UNIT 1# S I "Ift"URE
TIED MIAMI CITY COMM188TON
TlOtATAIL BAY CONDOMINIUM
UNIT OwNtR
2715 Tigertail Avenue
Coconut Grove, Pt 33133
Rtt PROP08tb ZONING C8ANOt
2701 -03 Day Avenue & Approximately 8191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
Tot THE MtAMI CITY COMM188ION
PROM! TIOtATAIL DAY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Orovo, Pt 81133
R81. PROPOSED ZONING C8ANOE
2701 -03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 18 & 14
of Cornelia M. Day's Sub. (3-16)
I am a unit Owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use,
DATE UNIT # ATURE
t E' i i i d N
Tdt 'ENE MIAMI CITY COMMISSION
`ROM. TlOtATAID 8AY CONDOMINIUM
UNIT OWNER
271E Tigertail Avenue
Coconut GroVe, Vt 33133
RE., PROPOSED ZONING CHANGE
.__ 2701 -03 Day Avenue & Approximately 3191 center Avenue
Dot 1, the S 1/2 of Lot 12, hots 13 & 14
of Cornelia M. Day's Sub. (3-16)
I am a unit owner at the above .referenced condominium,
which is located directly across Day Avenue from the
subject property.
V
I OPPOSED to any Zoning change from residenti use.
17 DATE UNIT # SIGNATURE
P
�
U
PETi I I q N
Tot THE MIAMI CITY COMMISSION
MMt T=RTAIL 8AY CoNbOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, FL 33113
RE: PROPOSED ZONING CHANGE
2701 -03 bay Avenue & Approximately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, tots 13 & 14
of Cornelia M. nay's Sub, (8-16)
I am a unit owner at the above referenced condominium,
which is located directly across nay Avenue from the
subject property.
I am OPPOSED to any Zoning change from residet use.
li, /resider,
DAIE /UNIT, SIGNATURE
10028;
AOL
T
TO. t8t MIAMI CITY COMM1881ON
T=RTAIL 13A:Y CONDOMINIUM
UNIT OwNta
2115 TiqOrtail Avenue
Coconut Orove, Pt 33138
RE: Pgopostn ZONINO CHANOt
2701 -03 nay Avenue & Approximately 3191 center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
To-. T88 MIAMI CITY COMM188TON
VRbMt TIOtATAIL DAY CONDOMINIUM JUN
UNIT OwNtA
2715 Tigertail Avenue
Coconut Grove, Vt 38188
RE-. PROPOSED ZONING c8ANGt
2701 =03 nay Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M, bay's sub, (1-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
1 am OPPOSED to any Zoning change from res"dential use.
10
SIGNATURE
DATE UNIT 4
To: Tnt MIAMI CITY COMM188TON
TIOVATAIL 8AY CONDOMINIUM
UNIT OwNtft
2715 Tiqertail Avenue
Coconut Otove, Pt 33133
RE PROPOSED 20NINO C8ANOt
2701 -08 Day Avenue Approximately 8191 Center AVetue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
I am a Unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATE UNIT # SIGNATURE
■
TO: TRt MIAMI CITY COMMISSION
FROM: 'TIGERTAIt DAY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, Pt 33133
PtD: PROPOSED ZONING C8ANGE
2701 =03 Day Avenue & Approximately 3191 Center Avenue
Dot 1, the 5 1/2 of tot 12, tots 13 & 14
of Cornelia M. bay's Sub. (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATE UNIT # SIGNATURE
P t " T 1 -O -.
TO TRt MIAMI CITY COMMISSION
F'12OM't TIODPTAIL DAY CONDOMINIUM
UNIT OwNtft
2715 Tigertail Avenue
coconut Orove, Pt 33133
Rt., PROP08tD ZONING CHANGE
2701 -03 Day Avenue & Approximately 3151 Center Avenue
Lot 1, the S 1/2 of tot 12, Dots 13 & 14
of Cornelia M. Day's Sub. (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
41 DATE UNIT ## SI A RE
a-.�� 'V cl- R Gle 0 �
E T I T 1 0 N
THE MIAMI CITY COMMISSION
PROM: TIOtRTAIL 8AY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, Pt 33133
RE- PROPOSED ZONING CHANGE
2701 -03 nay Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. nay's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
2J V`
DATE t, UNIT # SIIGNATURE
1 4428,
I 0 N
1q,. THE MIAMI CITY COMM188ION
FROM: TIMTAIL BAD' CONDOMINIUM
UNIT OWNER
271S Tiqertail Avenue
Coconut Grove, Pt 33133
Rt: PROPOSED ZONING CHANCE
2701 -03 bay Avenue & Approximately 3151 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. nay's Sub, (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use,
DATE UN T/r SIGNATURE
7-
i
11
p E T I T 1 O N
TO THE MIAMI CITY COMMIS81ON �,` 4
MOM! TIO RTA1L DAY CONDOMtM1UM
UNIT OWNER
2715 Tigertail. Avenue
Coconut Grove, FL 33133
RE'. PROPOSED ZONING CRANGE
2701 =03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's sub. (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use.
DATES
1 SIGNATURE
V
k t 1 1 T 1 0 N
TO THE MIAMI CITY COMMISSION
t=RTATL BAY CONDOMINIUM
UNIT OWN9A
2715 Tigertail Avenue
Coconut OtdVO, rt 33133
RE PROPOSED ZONING CHANGE
2701 =08 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the 8 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
---I'am OPPOSED to any Zoning change from residential use.
DATE UN I T # SIGNATURE
0 N
TO THE MIAMI CITY COMMISSION
FROM: T109RTAIL BAY CoNnOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Grove, Vt 33133
Rt. PROPOSED ZONING CRANGE
2701 "03 Day Avenue & Approximately 3191 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
1 am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
To., THt MIAMI CITY COMMISSION
PROM. T=RTAIL 8AY CONDOMINIUM
UNIT OWNER
2715 Tigertail Avenue
Coconut Orove, VL 33133
PIE: PROPOSED ZONING CHANGE
2701 -08 Day Avenue & Approximately 3151 Center Avenue
Lot 1, the S 1/2 of Lot 12, Lots 13 & 14
of Cornelia M. Day's Sub. (3-16)
I am a unit owner at the above referenced condominium,
which is located directly across Day Avenue from the
subject property.
I am OPPOSED to any Zoning change from residential use,
•
7z-, I Q -a6AR
DATE UNIT # IGNATURE•
-1,0 02
.r
CItV Ofr MIAMI,
DADE COUNIV, PWRIbA
LEGAL NO'7I61E
All Interested persah5 Will take 1`101166 thet 6h th0 8th dllY-OI JUIY,'
1989, the City CbMfhi9Sit h of Mlathl, Fl6fidd, hd6oted th6f611 Wlnp
titled ordinehCe(b): �n—
ORDINANCE NO. 10626
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI, j
NANCE NO, 0900, THE ZONING ORDINANCE OF THE CITY f `
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLAW-
�Ai�n iVI REVIEW FICATION OF APPROXIMATELY �951 e699 NORtHEASi
BAYSHORE COURT MIAMI, FLORIDA, (MORE PARTICULA`IaLY
DESCRIBED HEREIN) FROM AG•215 GENERAL RESIDENTIAL'
AND DAILY RECORD TO RO.215' RESIDENTIAL•OFFICE BY MAKING FiNbINGS;
Published Daily except Saturday, Sunday and AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 8 OF SAID ZONING ATLAS MADE A PART OF ORDI*
Legal Holidays NANCE NO. 9500 BY REFERENCE AND DESCRIPTION IN
Miami, Dade County, Florida. ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
REPEALER PROVISION AND A SEVERAMLITY CLAUSE., '
STATE OF FLORIDA . _
COUNTY OF DADE; ORDINANCE NO. 10021
Before the undersigned authority personally appeared
Octelms V. Ferbeyre, who on bath says that she is the Supervisor ORDINANCE AMENDING SECTIONS 35.91, 65.02, AND 35-93
of Legal Advertising of the Miami Review and Daily Record, a OF THE CODE OF THE CITY OF MIAMI, FLORIDA,'AS
daily (except Saturday, Sunday and Legal Holidays) newspaper, AMENDED, BY ESTABLISHING RATES AT CERTAIN,
published at Miami In Dade County, Florida; that the attached ON -STREET PARKING METERS AND CERTAIN,OFF-STREET
copy of advertisement, being a Legal Advertisement of Notice LOTS; ESTABLISHING ^ RATES AT MUNICIPAL`PARKING'
In the matter of GARAGES; FURTHER PROVIDING AN EFFECTIVE DATE OF
CITY OF MIAMI OCTOBER 1, 1985 FOR THE HEREIN RATE INCREASES:' -
Re: ORDINANCE NO. 10028 RATIFYING°AND CONFIRMING ALL`ACTS OF THE OFF
STREET'PARKING BOARD AND ITS DIRECTOR AS TO RATES
HERETOFORE'CHARGED, FURTHER AUTHORIZING'fiHE OFF
STREET PARKING 'BOARD'TOf'DEVELOP„ EXPERIMENTAL "
RATE STRUCTURES AND ;TO INITIATE, RATES FOR;, NEW
FACILITIES DURING THE FISCAL,YEAR; CONTAINING A
In the ........ , X .X ...... CourtREPE
ALER, PROVISION AND A SEVERABILITY CLAUSE
was published In said newspaper In the Issues of ORDINANCE NO 10028
July 31,1985 AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI
NANCE NO. 9500, THE -ZONING <ORDINANCEAF'THE CITY ;_ .
:OF MIAMI„FLORIDA, BY CHANGING THE ZONING CLASSI- = "
FICATION OF'LOT'1, CORNELIA M. DAY'S SUB (3.16) FROM
Affient further says that the said Miami Review and Daily RG-2l5 GENERAL RESIDENTIAL AND SPI3 COCONUT GROVE -
Record is a newspaper published at Miami in said Dade County, MAJORSTREETS OVERLAY DISTRICTTO RO-2:116
Florida, and that the said newspaper has heretofore been RESIDENTIAL -OFFICE ELIMINATING THE SPI.3, AND.BY ,,, ,
continuously published in said Dade County, Florida, each day CHANGING THE ZONING CLASSIFICATION OF THE SOUTH
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office in 112 OF LOT-12i LOT 13, AND`'LOT 14 CORNELIA' M. DAY'S
Miami in said Dade County, Florida, for a period of one year SUB (3-16).FROM RG 113 GENERAL RESIDENTIAL (ONE AND
next preceding- the first publication of the attached copy of TWO-FAMILY)'TO RO.2.il6 RESIDENTIAL -OFFICE ALL' OF —
advertisement; and affiant further says that she has neither
paid nor promised any p:raonvfIrm or corporation any discount, SAID LOTS BEING, GENERALLY DESCRIBED AS 2701-03:DAY '
rebat commission ,or refurl d fo rpase of securing this AVENUE AND APPROXIMATELY 3191,CENTER STREET, MIAMI,
adv ant fow,pLb11'. tion e; s a-Pewspa or. FLORIDA; ' MAKING FINDINGS AND BWMAKING*,ALL;THE
„ NECESSARY CHANGES'
ON PAGE NO.46 OF SAID ZONING x R{
ATLAS MADE PART OF ORDINANCE:,NO. 9500BY, REFER
ENCE' AND -DESCRIPTION IN ARTICLE %.SECTION,300,
THEREOF CONTAINING'A.REPEALER PROVISION.AND'A
Sworn to and subscribsd bsfors me this SEVERABILITY CLAUSE.:
31st day qt ... !7iX A.D. 19......85 ORDINANCE N0. 10029
�
rt ,, ...... .`. AN EMERGENCY ORDINANCE AMENDING ARDINANCE NO
S a Nslhg'an 9939, ADOPIED°OEGEMBER< 1984,_tHE CAPITAL* * '
4, +ofary Public„6tate of Florida al Large
N IMPROVEMENT'APPROPRIATIONS.ORDINANCE, 8Y APP,Rt>•n
(SEAL) PRIATINGAN AMOUNT',OF $1,30,000 FROM PARKS GEN
My Commission expires Dec. 23, 1986, ERAL OBLIGATION BOND FVND AND;�82,000 FROM THE ti
CAPITAL.IMPROVEMENT, FUND:T4 ESTA¢L104 THE FLOA
IDA EAPT COAST SETTLEMENT .PROJECT; CONTAINING A
REPEALER PROVISION AND A;SEVERABtUTY-CLAUSE ':.
ORDINANCE y0.'10030
r
AN EMERGENCY.ORDINANCE AMENDING SECTION6 5 AND
6 OF ORDINANCE N�?,8901;AI?OPTEQ;SI"P>TEMCI.R1,1984 *. t
THE ANNUALAPPROPRIATION$ ORDINANCE FOR THE FIB• ..`,'
CAI. YEAR ENDING SEPTEMBER 30,11945; SY.INCREASINW. .
THE APPROPRIATIoK.F9R7H5 PENSION481415T F. DIN
THE AMOUNT QF7l3,40SIANO BY :tNIaREAI�INR �FtEV
NUES IN THE 6AME A(0OUNT FRAM FX14 PAWN €LI1VDs
BALANCE FQR THE, PURPOSE OF" PROVIDINGtFUNDING i r
TO �.AY 070A.0,FOR T09PAYMENT017. F.ENRIN�a I I S
FOR NEASANA,SL5 PLAINTIFF&'-A'lTOR F ES RIS=`P'"
1NG .FETCH CITY .P,ENSIQN UTI(MAI*46iG tQ.Ni'AINIIttI�;N¢
RI.PFALER RR(? I ION"# NQ A SEVERAQII�lTMf 1�Ai�B t'
(rlRI47@) y' C1T_ LERK�° � t t ,
M.R. tA4