HomeMy WebLinkAboutO-09987OROINANC8 NO. 9 8 7
AN ORDINANCE AMENDING THE TEXT 05 ORDINANCE
NO. 9500t THE ZONING ORDINANCE OP THE CITY OF
MIAMIt FLORIDAt BY AMENDING 88CTION 15170
ENTITLED IISPI�17: SOUTH BAYSHORE DRIVE
OVERLAY DtSTRICTt#1 BY CLARIFYING LANGUAGE IN
RELATED SECTION 15171 ENTITLED "INTENTttl TO
INCLUDE THE COCONUT GROVE VILLAGE CENTER:
FORTHERt BY AMENDING S08SECTION 15172.2.1
ENTITLED "PUBLICLY ACCESSIBLE PARKINGt" BY
REDUCING THE MINIMUM THRESHOLD OF REQUIRED
PARKING SPACES NECESSARY FOR THE FLOOR AREA
RATIO BONUS, AND INCLUDING THE COCONUT GROVE
VILLAGE CENTER AS A DESIGNATED MAJOR PUBLIC
ACTIVITY CENTER; CONTAINING A REPEALER
PROVISION AND A S8VERABILITY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 6, 1985, Item 5l following an advertised hearing,
adopted Resolution No. PAB 14-85 by a 5 to 1 voter RECOMMENDING
DENIAL of an amendment to the text of Zoning Ordinance 95001 by
amending SPI-17: South Bayshore Overlay District, Subsection
15172.2.1 to reduce the minimum threshold from 100 to 50 spaces;
adopted Resolution No. PAB 15-85 by a 6 to 0 vote, RECOMMENDING
DENIAL of amending Subsection 15172.2.1, to increase the appli
cable distance from 600 to 900 feet; and failedr by a vote of 2
to 4, therefore constituting a RECOMMENDATION OF DENIALt to
approve the amending of Section 15171 and Subsection 15172.2.lf
to designater as a major public activity center? the Coconut
Grove Village Center (identified as SPI-2: Coconut Grove Central
Commercial District) in addition to the Dinner Key area; all
recommendations pertaining to a floor area bonus for such
parking, as hereinafter set forth; and
WHEREAS, the City Commission, after the consideration of
this matter, notwithstanding the recommendation of the Miami
Planning Boardl deems it advisable and in the best interest of
the general welfare of the CITY OF MIAMI and its inhabitants to
grant these amendments, as hereinafter set forth;
Nowt T88REPORSt 8t IT ORDAINED 8Y THE commlsgtom OF THE CITY
OF MIAMto FLORIDA!
section 1. The text of Ordinance No, 9500# the Zoning
Ordinance of the City of Niamit Vloridat is hereby amended as
follows!
"ARTICLE 15. 8Pt!
SECTION 15170.
SECTION 15171.
SPECIAL P08LtC tNTER88T DtSTRICT8
8131-17 : SOUT14 BAYSHORE DRIVE
OVERLAY DISTRICT.
INTENT
Along the coastal Atlantic ridge paralleling South
Bayshore Drive and overlooking Dinner Key and the
marina basin in Coconut Grove is an area of special and
substantial public interest because of unique property
sizes and shapes; geologic features; bay views and
vistas; relationships to major entrance roadways$ -
proximity to adjacent neighborhood, and public open
space and recreation, and commercial services; impacts
on surface parking on open space within Dinner Key; and
a special character imparted by tropical vegetation and
historic structures.
It is the intent of these special public interest
district regulations that future public and private
development shall respect and enhance this character,
preserving area -wide property values and enhancing
Coconut Grove's desirability as a place to live and
high density mixed -use development area abutting South
Bayshore Drive by providing height limitst special
setback and view corridor requirements, transitional
use and design requirements, incentives to provide
publicly available parking for Dinner Key and Coconlut
Grove Village Center activities, and design review
guiaelines.
SECTION 15172.
15172.2
EFFECT OF SPI-17 DISTRICT DESIGNA-
TION.
EXCEPTIONS TO FLOOR AREA RATIO
LIMITATIONS
15172.2.1 Publicly Accessible Parking.
For every non-residential parking space provided
in excess, of offstreet parking requirementsr an
additional two hundred (200) square feet of floor area
for any use permitted in the underlying zoning district
shall be permitted? provided however;
(a) Such parking space shall be not less than one
hundred-+i99+ seventX-five___(75) spaces and
accessible by toe ge.neral public during
normal business and operating hours of public
activities or attractions in Dinner Key or
adjacent public facilitiesys or the Coconut
Grove Village Center.
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(b) Parking feet charged shall not be in ekoett
of prevailing rates for public mtstettd
parking in the viciftityp as e8tablighed by
the Miami Department of Otf-8tteet Parking.
(c) The entrance to the oxce8g parking facility
shall not be farther than six hundred (600)
feet from Coconu,,t Otove
Center a a C t i V i t centerp
here Otined as the boundary section
COCO nut Grove Cean t- z, mercial
District or b) the iW7.iil N� entrance
structure h6using the following activity
centers identified in the "Dinner Key Master
Plan"t a performance hallt specialty centerp
exhibition center or conference facility. The
six hundred (600) feet: shall be measured
along a radius from a) the boundary of
Section 1520p SPI�26. C Ut Grove Central
Commercial District or b) S p�511E ged4strlan-
entrance of a structure housing the activity
center. For the purposes of this Section,
the "Dinner Key Master Plan" is defined to be
that Plan adopted in principle by Metlam-Ne-
84-il.887-dated-Beteber-197-1984 Resolution
85-70; January 24,, 1985, of thg City -oT
Miami Commission. A copy of the Dinner Key
Master Plan, as adopted in principle, is on
file with the City Clerk and City of Miami
Planning Department.
(d) In no case shall the cumulative additional
floor area permitted under this section
exceed .50 times gross lot area.
(e) Required parking shall be provided as for
bonus floor area and shall not be conside=re
as excess parking under the provisions of
this section.
Section 2. All ordinances, code sections, or parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 3. Should any part or provision of. this
Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITLE ONLY this 28th day of
March -f 1985.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 18th
day of Al2ril 1985.
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.ITY 01: MIA-Mi. PI-6010A
INT�14-01FPICZ MEMOIRANOUNI
Randolph B. Rosencrantz OATE: February 26, 1985 FILE:
Ci Manager
Manage SUBJECT; ORDINANCE - RECOMMEND DENIAL
TEXT AMENDMENT - ART 15
SECTION 15171 & SUBSECTION 15172.2.1
o E. 4EFERENCES:
4Dlirec or COMMISSION AGENDA - MARCH 28, ig8s
Planning and Zoning Boards PLANNING AND ZONING ITEMS
Administration Department ENCLOSURES:
It is recommended by the Planning
Advisory Board that amendments to the
text of Zoning OrdirCa—nce 95OU, as
amended, by amending SPI-17 South
Bayshore Overlay District, Article
15, Section 15171 Intent and
Subsection 15172.2.1 Public
Accessible Parking, paragraphs (a)
and (c) be denied.
The Planning Advisory Board, at its meeting of February 6, 1985, Item 5,
following an advertised hearing, adopted the following:. 1) Resolution PAB
14-85 by a 5 to 1 vote, recommending denial of an amendment to the text of
Zoning Ordinance 9500, as amended by amending SPI-17 South Bayshore Overlay
District, Subsection 15172.2.1 Pu;licly Accessible Parking, paragraph (a) to
reduce the minimum threshold from 100 to 75 spaces; and 2) Resolution PAB
15-85 by a 6 to 0 vote, recommending denial of amending Subsection.15172.2.1
Publicly Accessible Parking, paragraph (c), to increase the applicable
distance from 600 to 900 feet; and made a motion to recommend approval of
amending Section 15171 Intent and Subsection 15172. ' 2.1, paragraphs (a) and (c)
to qualify as a major public activity center in the Coconut Grove Village
Center (identified as SPI-2 Coconut Grove Central Commercial District) as well
as the Dinner Key area, failed by a 2 to 4 Vote, therefore constituting a
recommendation of denial; all pertaining to a floor area bonus for such
parking.
dackup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for the consideration of the City Commission.
AEPL: 111
cc: Law Department
NOTE: Planning Department recommends; APPROVAL of a minimum threshold
of 75 spaces; DENIAL of 50 spaces
.1
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
January 11, 1985
PETITION 5. Per the direction of the City Commission on
first reading of proposed Sections 15170�15173
SPI-17 South Bayshore Overlay District on
January 10., 1985, consideration of proposed
amendments to the text of Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami by amending the proposed SPI-17 South
Bayshore Overlay District, Section 15172.2.1
Publicly Accessible Parking, paragraph (a) to
reduce the minimum threshold from 100 to 50
spaces; paragraph (c) to increase the applicable
distance from 600 to 900 feet; to amend Section
15171 Intent and Section 15172.2.1, paragraphs
(a) and (c) to qualify as a major public
activity center in the Coconut Grove Village
Center (identified as SPI-2 Coconut Grove
Central Commercial District) as well as the
Dinner Key area; all pertaining to a floor area
bonus for such parking.
REOUEST To amend the proposed SPI-17 Zoning District to
a) reduce the parking threshold; b) increase the
applicable distance and c) to include the
Coconut Grove Village Center in the provisions
for publicly accessible parking.
BACKGROUND On January 10, 1985, on first reading of the
proposed SPI-17 Ordinance and at:the request of
certain affected property owners, the Commission
directed consideration of these amendments.
ANALYSIS The' Department's best professional judgement isi
that a minimum number of 100 parking spaces be
provided in order to be considered for an FAR
bonus, The Department does not feel, however,
that an adjustment of the base minimum of
parking spaces to 75 is significant as it would
still provide an easi ly-identi f i able source of
public parking. Although contemplated, the
Department cannot recommend reducing the number
further (e,-g-,7-To W as such reduction would
result in confusion as to where, the various
to pockets" of public parking are located and if
found, whether parking at suc h facilities would
be "readily available" to the 'Wic,
The .600 foot maximum distance to specified
activity centers is also appropriatt. At
measured by the radius from main entrances� it
provides a realistic walking distance which the
public will utilize; greater distances will
deter use.
The inclusion of the SPI-2 district as a
qualifying location is also appropriate as it
encourages private enterprise to. address a
recognizedly serious parking shortage based on
the following sequence:
1. Many buildings in the Village Center were
constructed prior to the City's requirement
for on -site parking; these have relied on
metered street spaces or on parking
generally available to the public on
undeveloped lots.
2. In order to satisfy the City's parking
requirements, many buildings depend on lease
agreements for the use of parking on
undeveloped lots.
3. Recent major projects i.e., Mayfair, provide
only the parking spaces required by the
City; they do not provide excess parking for
general use.
4. Current and future development in the
Village Center will probably eliminate all,
or greatly reduce, the parking spaces now
generally available to the public 'on
undeveloped lots.
S. The Department is concerned that internal
traffic circulation and vehicular/pedestrian
conflicts will increase within the Village
Center if the City's parTigg requirements
are increased.
6. The preferred strategy for supplying parking
spaces for this changing demand would be to
make parking available at the periphery of
the Village Center, i.e., Coconut Grove
Playhouse, Dinner Key -and, as proposed, the
SPI-17 area, in preference to interrupting
the pedestrian ambiance of the Village
Center by a series of parking structures,
item #5
page,?
AW
. . . 1� . ." '-. . .
RtCOMMENDAT IONS
PLANNING DEPT.
I
PLANNING ADVISORY
BOARD
CITY COMMISSION
a
Denial of:
a) a minimum threshold of 50 spaces
b) changing the applicable distance to 900
feet
Approval of:
a) a minimun, threshold of 75 spaces
b) maintaining the applicable distance at
600 feet
c) including the Coconut Grove Village
Center
At its meeting of February 6, 1985, the
Planning Advisory Board made the following
recommendations:
a) adopted Resolution PAB 14-85 by a 5 to 1
Vote, recommending denial of reducing the
minimum threshold from 100 to 75 spaces;
b) adopted Resolution PAB 15-85 by a 6 to 0
vote, recommending denial of changing the
applicable distance from 600 to 900 ft; and
c) made a motion recommending approval of
including the Coconut Grove Village Center
which failed by a 2 to 4 vote, therefore
constituting a recommendation of denial.
At its meeting of March 28, 1985, the City
Commission passed on the above on First
Reading, as amended, reducing the threshold
from 100 spaces to 75 spaces; maintaining the
applicable distance at 600 ft. and including
the Coconut Grove Village Center as a major
public activity center.
PAD 2/6/85
Itemls
Page 3
A
SECTION 15170. SPI�17 SOUTH 8AYSHORE OVEPLAY DISTRICT
SECTION 15171- INTENT
Along the coastal Atlantic ridge paralleling South Bayshore
Drive and overlooking Dinner Key and the marina basin in Coconut
Grove is an area of special and substantial public interest
because of unique property sizes and shapes; geologic features;
bay views and vistas; relationships to major entrance roadways;
proximity to adjacent neighborhoods, and public open space and
recreationt and commercial services; impacts on surface parking
on open space within Dinner Key; and a special character imparted
by -tropical vegetation and historic structures,
It is the intent of these special public interest district
regulations that future public and private development shall
respect and enhance this character, preserving area -wide property
values and enhancing Coconut Grove's desirability as a place to
live and work. These regulations are intended to apply to the
high density mixed -use' development area abutting South Bayshore
Drive by providing height limits, special setback and view
corridor requirements, transitional use and design requirements,
incentives to provide publicly available parking for Dinner Key
and Coconut Grove VillaEe Center activities, and design review
guidelines.
SECTION 15172. EFFECT OF SPI-17 DISTRICT DESIGNATION.
The effect of these SPI regulations shall be to modify
regulations within portions of the existing district indicated in
the Official Zoning Atlas as within its boundaries to the extent
indicated herein for the SPI-district. Modifications are listed
be low .
SECTION 15172.1. LIMITATIONS ON USES - TRANSITIONAL BUFFER.
For those portions of lots abutting public right-of-way that
separates different zoni*ng districts the following use
limitations'shall apply:
(a) For the first 100 feet of lot depth adjacent to
Tigertall Avenue there shall be a landscaped yard area
except that residential uses, excluding hotels and
motels
that front on Tigertail Avenue may be developed
in accordance with other provisions of this district.
Provided that residential development occursp ancillary
and parking structures for non-residential uses no
greater in height than the residential structures may be
located below grade to within twenty (20) feet of
Tigertail Avenue or above grade within (50) feet of
Tigertail Avenue? provided further than auoh ancillary
or parking itructures are completely sQreened from view
along Ti.gortail Avenue by the residential struoturealp
g , A . - - . 4
SECTION 15170a SPI-17 SOUTH BAYSHORE OVERLAY DISTRICT
SECTION 15171- INTENT
Along the coastal Atlantic ridge paralleling South Bayshore
Drive and overlooking Dinner Key and the marina basin in Coconut
Grove is an area of special and substantial public interest
because of unique property sizes and shapes; geologic features;
bay views and vistas; relationships to major entrance roadways;
proximity to adjacent neighborhoods) and public open space and
recreation, and commercial services- impacts on surface parking
on open space within Dinner Key; and a special character imparted
by tropical vegetation and historic structures.
It is the intent of these special public interest district
regulations that future public and private development shall
respect and enhance this characters preserving area -wide property
values and enhancing Coconut Grove's desirability as a place to
live and work. These regulations are intended to apply to the
high density mixed -use* development area abutting South Bayshore
Drive by providing height limits, special setback and view
corridor requirements, transitional use and design requirementss
incentives to provide publicly available parking for Dinner Key
and Coconut Grove Village Center activities, and design review
guidelines.
S-ECTION 15172. EFFECT OF SPI-17 DISTRICT DESIGNATION.
The effect of these SPI regulations shall be to modify
regulations within portions of the existing district indicated in
the Official Zoning Atlas as within its boundaries to the extent
indicated herein for the SPI-district. Modificat.ions are listed
below.
SECTION 15172.1. LIMITATIONS ON USES - TRANSITIONAL BUFFER.
For those portions of lots abutting public right-of-way that
separates different zoning districts the following use
limitations shall apply:
(a) For the first 100 feet of lot depth adjacent to
Tigertail Avenue there shall be a landscaped yard area
except that residential uses, excluding hotels �and
motelst that front on Tigertail Avenue may be developed:
in accordance with other provisions of this district.
Provided that residential development occur3o ancillary
and parking structures for non-re4idential uses nQ�
greater in neignt than tne reoidential structures may 9,e
located below grade to within twenty (20) feet of
Tigertail Avenue or above grade within (50) feet of
Tigertail Avenues provided further than .5uqh ancillary
or parking .9tructurps are completely screened from view
along Tigertail Avenue by the reoiOntial struqtures,
W1W
A
(b) For the first fifty feet of lot depth adjacent to Mary
Streett there shall be a landscaped yard area except
that for developments which qualify under provisions of
Section 2003.7 of this ordinance, principle use
structures may be set back not less than ten (10) feet
from Mary Street provided that ground level convenience
.retail uses front on not less than 65 percent of the
Mary Street frontage.
SECTION 15172-2. EXCEPTIONS TO FLOOR AREA RATIO LIMITATIONS.
Notwithstanding floor area ratio limitations of existing
districts lying within the SPI-17 boundaries, the floor area
ratio may be increased in accordance with the following
provisions:
S 'ECTION Publicl
15172.2.1 Accessible Parkin
For every non-residential parking space provided in excess of
offstreet parking requirements, an additional two hundred (200)
square feet of floor area for any use permitted in the underlying
zoning district shall be permitted, provided however:
(a) Such parking space shall be not less than one handred
H88) seventy-five (75). spaces and accessible by the
general public during normal business and operating
hours of public activities or attractions in Dinner Key,
trr adjacent public facilities., or the Coconut Grove
Village Center.
(b) Parking fees charged shall not be in excess o f-
prevailing rates for public metered parking in the
vicinity, as established by the Miami Department of Off -
Street -Parking.
(c) The entrance to the excess parking facility shall not be
farther than- six hundred (600) feet from a) the Coconut
Grove Village Center, a major public activity center,
herein defined as the boundary of Section 1520. SPI-2:
Coconut Grove Central Co , maierFial District or b) the ma'in
entrance of a' structure housing the following activity-,
centers identified in the "Dinner Key Master Plan"; a
performance hall, specialty center, exhibition center or
conference facility, The six hundred (600) feet .5hall
be measured along a radius from a) the boundary of
Section 1520. SPI-2: Coconut Grove— Ubt-ral �Cotnmer_cial
ran ce of, a
For the purpoze.9
�7_g the activity center
of this Section, the "Dinner Key Master Plan" U9 defined
to be that Plan adopted in principle by MPt*'011 KV-7
Resolution 85-70-o
JanuarX 24, 1985 j of the City of i Q___n A
copy of the Dinner' Key Master Plan , as adopted in
principle� is on file with the City Clerk and City of
Miami Planning Department.
(d) In no case shall the cumulative additional floor area
permitted under this section exceed .50 times gross lot
areab
(e) Required parking shall be provided z-v for bonus floor
area and shall not be considered as excess parking under
the provisions of this section.
SECTION 1517262-�. Tiansitional Buffer - Residential.
Residential uses (excluding hotel use) may be permitted
within the limitations of the land use intensity sector 4 only
for that portion of the lot within one hundred (100) feet of the
zoned right-of-way line of Tigertail Avenue to establish a buffer
adjacent to high density non-residential uses. Floor area
permitted by this section shall be in addition to the maximum
alloviable for other uses.
SECTION 15172-3. SPECIAL LIMITATIONS ON WALLS, VEHICULAR WAYS
AND PARKING IN A REQUIRED SPECIAL YARD.
There shall be provided an average yard area setback along
South Bayshore Drive of thirty (30) feet within which walls,
fences and hedges over three feet in height shall be prohibited.
No parking, except for passenger drop-off facilities shall be
permitted and vehicular drives shall not occupy more than twenty-
five (25) percent of the required special yard area.
SECTION 15172.4 SPECIAL HEIGHT LIMITS.
No building within this district shall exceed a height of two
hundred fifty (250) feet or twenty-two (22) stories in height
whichever is lower, and no building within 100 feet of the zoned
right-of-way of Tigertail Avenue shall exceed forty-five (45)
feet.
SECTION
15173.
CLASS
C
PERMIT.
SECTION
15173-1.
When
Required.
No building permit shall be issued within the boundaries of
the SPI-17 affecting the height, bulk , location or exterior
configuration of any existing structure, the construction of any
new structure, or the location or relocation or enlargement of
'vehicular ways or parking areas on private propertyl without
authorization by Class C special permit,
SECTION 15113,2. Ma-terials'to be, Submitted with Ao0lications,
No building permit shall be issued within the boundaries of
the SPI-17 district affecting the special yards herein required
by the location) relocation) alteration or enlargement of
vehicular wayst structures or parking areas on private property
without authorization by a Class C special permit.
SECTION 15173.2-1. Relation of Proposed Improvements to Natural
Features, Surrounding Buildings, Public
Recreation Areas, and Major Streets.
Proposed imp'rovements shall be related harmoniously to the
terrain, and in particular shall protect and enhance natural
features such as rock outcroppings and ridge lines as much as
reasonably possible. Relationship of new or redeveloped
structures shall consider open space and view corridor
relationships created by buildings, walls, landscaping, and
physi6al/visual linkages to public recreation areas. Vehicular
egress from private drives serving non-residential structures or
parking shall not occur directly onto Tigertail Avenue.
SECTION 15173.2-2. Landscaping, Screening and Open Space.
Desirable landscaping shall be preserved in its natural state
to the maximum extent reasonably feasible. General landscaping
requirements and standards established by this ordinance for
offstreet parking, yards, and open space shall be considered
supplemental to retention of desirable natural features.
Placement of structures and vehicular areas shall be such as to
retain, to the extent reasonably practical, desirable existing
landscaping, open spaces and natural features, and to promote
provisions of compatible new landscaping. Desirable native plant
materials, and such exotic plant materials as have become
traditional in the area, shall be preferre,d in plant' selection.
All accessory areas and structures, such as service and loading —
areas, which need screening -to avoid adverse effects on adjoining
properties shall be adequately concealed by appropriate plantings
or other screening.
PL
12 30
PERU TRAM-21P
REQUEST
..........
28 LONG PU8LIC HEARING AND SECOND READING ORMNANCE: SPI-
SPECIAL PUBLIC INTEREST DtSTRtCT
— — — — — — & - — — - - — - — - — - - — — — — — — - — - - -- & ""a& wi. "�" " " "" "".a "as"" M� a �"—
Mayor Ferret We're now on item is there anybody here on
item 5? Proceed on item 5,
Mr, Jack Luft6. Mr. Mayor, members of the Commission, my
name is jack Luft, I'm with the Planning Department. We're
recommending to you today adoption of the SPI�17 Overlay
Districto a change of zoning along Tigertall from RG-3/5 to
RO-3/6) and the replacement of the SPI-3 Overlay along
Tigertail with the SPI-17 ordinance. These districts and
changes are in accord with the Bayshore Drive Development
Plan, which was adopted by this City Commission in December.
They are implementing in effect certain controls on the
height, density, design review, set backso and parking in
the Bayshore Drive corridor between Aviation Avenue and
McFarland Road. The SPI-17 ordinance has several basic
effects which I will summarize. It is important to note
that we are not recommending a change in the base floor area
ratio, that the sector number of six remain. This would
mean that as a matter of right, an F.A.R. 1.21 would be the
limitation for all development, hotel, condominium, and
office. That would not expand in any way the use provisions
of the ordinance to include additional commercial uses or
change the basic character of the district. We would
recommend that a floor area bonus of .5 F.A.R. be provided
to those projects that provide a substantial number of
parking spaces to be used by the public. We are
recommending that we establish a 22 story height limit, or
250 feet for all projects , and that a 100 foot depth from
Tigertail Avenue be reserved as a set back buffer to be used
only either for landscaped yard area or for town house
development built at a sector 4 floor area ratio.
Mr. Plummer: Excuse me, may I stop you? Mr. Luft, in
particular to Dan Cavanaugh's property, is it, would the
wording be better suited and fair in that parcel that be
applied where it is contiguous to Bayshore Drive?
Mr. Luft: Yes, the Commission's original principle that was
involved in the change of zoning on those properties are
Darwin, Grand Bay Plaza, where the RG-2 residential district
was changed to RO. The principle stated at that time was
that for those - properties that were continuous from
Tigertail to Bayshore, for those properties in order to
promote and foster unified development of the site, in a
cohesive fashion and not to divide the site against itself
into separate project with separate parking and separate
driveways, that those parcels be consistently zoned and thus
the RQ district was extended. That was the basis for it .
So, you would add to that basic provision the clarification
that the buffer zone would not be RO--3/6 distrioty unless it
was contiguous to a parcel under the same ownership
extending to Bay5hore Prive.
Mr, Plummer; Let me ask it in reverse, Addressing to that
one segment there that I would oall north of Aviation, doeo
that game principle apply from someone who extends from
SayshQre baW
61 January 24# 190
98 7.
Me, Lu ft%; ! North of Aviation?
Mr, PlUtMer! I'M saying to the north,
Mr. Luft: To the east.
Mr. Plummert This way.
Mr, Luftt Yes, it would.
Mr. Plummer'. in other, wordso what you are saying is that
the pr6perty that is facing 8ay8hore that runs back, which
is the PO-3/60 that pr4operty would have to...as a project,
would have to have 100 foot buffer on the back side of that
property.
Mr. Luft: If the property on Tigertail was zoned RO�3/66 ...
Mr. Plummer: if the property is not4
Mr, Luftt it is not zoned RO-3/6, it is now zoned as single
family. That is the only way it could be used� so the 100
foot buffer is really irrelevant in that case. There is a
single family zone there.
Mr. Plummer: You don't follow me.
Mr. Luft: I'm sorry.
Mr. Plummer: Let me go to the map. It seems here from here
back is where you're proposing the 100 foot. This is not
contiguous to Bayshore. From Bayshore coming back this way
to this property, is there a 100 foot buffer between here
and here? Why wouldn't there be? What is the zoning on the
back parcel?
Mr. Luft: The zoning on the back parcel is RG-2/5 multi-
family, moderate density to high density apartment.
Mr. Plummer: So in your estimation, in your opinion it
doesn't need a buffer.
Mr. Luft: No, sir, because the buffer we're creating west
of Aviation is precisely that use. We are saying to all
projects to Aviation west toward 27th that you must either
build park land or landscape or multi -family apartment town
house scaled residential development.
Mr. Plummer: That's where it runs from street to street.
Mr. Luft: Right.
Mr. Plummer: This particular parcel doesn't do that. For
example, the next parcel over to the north, there will be no
buffer proposed -no, not there- there, from that point right
there west, theri! is no buffer. But it doesn't run from
street to street,
Mr. Luft: That's right.
Mr. Plummer: Why isn't a buffer proposed there? Because
that is RS9 it is not the RO-3/6,
Mr. Luft; That is a rear yard facing relationship, the
single family facing Tigertail, the development of the
Harbor Hill Apartments, the adjacent apartment buildings at
some point in the futurel would have a rear yard
relationship, We have hot introduced a buffer between rear
abutting properties, only between those properties that fate
January 24,
9 0
Tigertail from the other, side, so that all of thiq single-
Pattily area is being buffered from the office district here,
This uses !pace in Tiger4tail and share the frontage With
Single-family hofbeSo thus a buffer here is in Our 6pihi6tlo
uhhede88ary&
Mr. Plummer 1. In othee word8o tee , where I find the
discrepancy is the back portion of that is single-family
home86 You're not providitig any buffer Por4 the RO-3/6 to
thoses single family homes) but you are providing a buffer
from the Tiger4tail. You and I have no discrepancy from
Aviation 8outh. Where I find a discrepancy is the fact that
the same protection is not being afforded to those people in
what I call the north, that's it.
Mr.k. Luft: It is Mot ) if you conclude that a rear, yard
relationship is the same as the front yard relationship. It
is not consistenti
Mr, Plummer! 1 relation zoning to zoning.
Mr. Luft: I cannot speak for the department on this issue,
We have not addressed it in terms of policy. I can only say
that if you want it to be consistent, the single-family
zoning would be RG-2/5, as it is to the west on Tigertail.
That would be the only issue, I think, that would correct
the discrepancy you are speaking of.
We are recommending that a Class C review approval be
provided within this district for all new projects. These
are the basic provisions of the SPI-17 ordinance. They are
designed to protect both the neighborhoods to the north and
the. public open space in Dinner Key. It is important to
emphasize that effect of this zoning is to preserve the
existing town -house buffer on the north. The zoning
changes, but the buffer remains as it is today. The effect
of this ordinance is to preserve the open space that exists
today in Dinner Key without introducing parking into public
parks. I would only point out in that regard that this past
week, two weeks, events in the Grove have led to parking
situations where the entire median of Bayshore Drive is
filled with cars. All of Ken Myers Park was filled with
automobiles. All of Pan American Drive was filled with
automobiles. All of the area of Virrick Gym was filled with
cars; all of the abutting side streets; all of the vacant
commercial properties in the Bayshore corridor were filled
with automobiles. Tigertail was filled with automobiles.
The parking garages at commercial office buildings on
Bayshore Drive were empty. This ordinance was designed to
take advantage of the fact that increasingly we must utilize
the resources that are there and in the future, and this
provides for efficient utilization of parking to the public
advantage in exchange for a .5 bonus. If there are any
questions, I'd be happy to answer them.
Mayor Ferre: Are there any public speakers on item 5? 1
will accept your statements if you come to the microphone.
We're now on item 5; it is a public hearing. it is an
ordinance on second reading. Mr. Traurig, I will....
Mr, Robert H. Traurig: Thank you, Mr. Mayor, members of the
Commission, my name is Robert H. Traurig, I'm an attorney
at law with offices at 1401 Brickell Avenue. I'm here to
support the ordinance submitted by the Planning Department
and described by Mr. Luft as a representative of the
Planning Department, We have already made a brief statement
into the record at the time of first reading of this
ordinance, We will very Oriefly ratify those statements and
submit oertain things to you, First of all we will
acknowledge the ambience and the life style of Coconut Grove
and acknowledge a' -so that Coconut Grove i3 a QQntra5t.
January 24, 1983
There Are commercial Areas and there are residential Ar4aa ,
The propeety Which is the subject to t h e SPI-17
consideration is an established commercial At' a CA � as
contrasted With what is generally found In the north rjrOVe.
The issue that you Art? considering in your deliberations
over SPI-17 is whether that ordinance would enhance Coconut
Grove. As we tailed to your, attention previously) I think
that the intent in the preamble paragraph Very clearly
established that the regulations are intended to apply to
that mixed use development abutting South Sayshore by
providing) And these are the things that will enhance the
development of Coconut Croveo height liMitso special Set
back in view corridor requirements) transitional use, and
design requirementso incentives to provide publicly
available parking for Dinner Key activities and design
review guidelines. We support the change notwithstanding
the severity or some of the restrictions on development that
are imposed by the ordinance. There are F.A.R. limitations.
You retain the P. A, R 6 1. 2 1 0 which is the sector six and you
grant additional F.A.R. as a bonus only under veryt very
stringent conditions) thatts if the public interest is
served by the provision of excess parking spaces to serve
the general community, We call attention again to the fact
that the Dinner Key plan recommended an additional 831
parking spaces. We would call attention to the fact that
within that plan, the language says that those spaces ought
to be provided privately off site6 The maximum bonus is .56
The issue has been raised by others as to whether or not
that is consistent with the ordinances which control other
SPI districts. We call again to your attention the fact
that the SPI-5, the SPI-79 7-1p 7.2, and SPI-8 all provided
mechanisms for increasing density through bonuses under
certain conditions including the provision of underground
parking or other parking generally. This ordinance
establishes height limits. Our height is only eighteen
stories. The height limit is 22 stories. We're not asking
for the height, which is generally provided for under this
new ordinance. But the benefit to Coconut Grove is that
this ordinance establishes a height limit which is
consistent with heights previously granted by this
Commission. There is a provision for the Class C permit in
the process of which your department would consider open
space and view corridor relationships and landscaping and
the visual linkages to the public recreation areas. it
provides vehicular egress from private drives on to
Tigertail would be prohibited. We go on and on by saying
and the ordinance says that there are a number of public
benefits to be derived by the passage of this ordinance.
Very, very clearly it establishes a Tigertail Transition
area. It's either going to be residential, such as the
town -houses or it will be open space and landscaping. We
would ask you, though, in your consideration of the
ordinance, if you would make some very minor language
changes, which we called to your attention when this matter
was approved by you at first reading. I would again pass to
you and to the City Clerk and to the City Attorney some
language which w6 think fairly meets this objective. That
is to be definitive about those areas for which bonuses
would be granted by very clearly defining the relationship
between those areas and the public areas that are to be
benefited. Consequently, I would give the original to the
Clerk and pass copies to each of you. In doing sQ, I will
also simultaneously give you copies of letters that have
been written first by Mr. Bermello, as the architect for the
project known as Terremark Center, and also two letters
written by Mr. Gould of our office to the City Attorney in
response to letters which have previously been sent by Ms.
Cohen and read into the record in other hearings, We would
like these letters to be part of the record, I would give
January 24# 1983
9
Mr. Robert H. Traurig., &&4in response to letters which have
previously been sent by M8, Cohen and read into the record
and other hearings. Sot we would like these letters to be
part of the record and I will give to the clerk and to each
OP you, copies of letters which we would like very clearly
marked and made a part of the record in this hearing, And
finally I would like to call to your attention a letter
written by Mr. John t. Vern8ler) ATA senior associate at
Wallacei Roberts and Todd who were the draftsmen in
connection with your original master plant your neighborhood
plan and this a letter written on January 24t 1985 to Willie
A. 8ermello, And it reads "Dear Mr.Sermello: I have
reviewed the 8PI-17 South 8ayshore Overlay District relative
to the 1975 Miami Comprehensive Neighborhood Plan. It is my
opinion that the proposed district does not conflict with
the intent of thee Comprehensive Plan. SpeciPicallyo I find
that the incentives that the districts offers for the
provision of excess parking to serve Dinner Key is entirely
consistent with the comprehensive plans policy to "reduce
paved surfaces, expand marine recreational retail and
entertainment activities" in order to serve expanded Dinner
Key activities while reducing paved surfaces parking must be
provided off site on nearby properties along South Bayshore
Drive and that is consistent with what your Planning
Department has said and what your Bayshore Drive Study has
proposed. We therefore, urge that you adopt the ordinance
as submitted, but modified by the language which I have
recently given to you.
Mayor Ferre: Wait a minute, do we have a copy of that
letter? Because there is another letter here also, I think
from Willie A. Bermello, but I think this one is an
architect for the project. That one is as an architect for
the City.
Mr. Traurig: Let me explain the two. We gave to you three
letters, two letters from our firm to the City Attorney, one
letter from Mr.Bermello to the City Attorney. All
addressing issues raised by Ms. Cohen in connection with
prior hearings.
Mayor Ferre: These are the letters?
Mr. Traurig: Those are the letters. The letter which I
have just read and Mr. Fernsler is here to testify, if you
would like to have has testimony as a senior associate of
the firm which drafted your neighborhood plan and who is
here to testify that what is being proposed as SPI-17 is
consistent with the objective of that plan. This letter
dated January 24, 1985 was not addressed to the City it was
addressed to Mr. Bermello and I read it into the record, but
I will be happy to hand it to you for your personal
examination Mr. Mayor.
Mayor Ferre; Oh, I see, this is from Wallace Roberts and
Todd?
Mr. Traurig; Who were the City consultants, Thank you very
much.
Mayor Ferre: All right, I thank it probably would be
appropriate if we allowed Susan Cohen to make the first
presentation, Mrs. Cohenj are you here? Ohv yea. All
right, And then we can proceed with the other opponents.
Ms. Susan Cohen; Mr. Mayor, Commissioners, good evening.
I'm 54aan Cohen attorney. I'm here on behalf of the Coconut
9 January 24, 1985
Cr6Ve Civic Clubj the Tigertail As8ociationj both RoMe
Owners A88odiatidh8 or several hundred m6mbert) Mr. Mr8.
�oh Cold 2542 Lincoln Avenue, Coconut Grove and Mr. Barry
Peldrdan 2539 8outh 8ayshore brive, Coconut Grove, I'm also
authorized by the Priends of tverglade8 to Speak tonight on
their behalf on the record, Coconut Grove hag levoral
different areas as you know. The 8outh Cr6ve) Central
L
Business District) Bahamian section and North CroVe. And
North Grove as I mentioned befor%e is Characterized by low
density residential) quite streets, single family homes,
lust vegetation) lar1ge yards and tranquillity. The members
of" the Tigertail Association own homes in the North Grove
area and some �ave been there twenty to thirty years. The
Proposed rezoning amendments will itnpact their area, One
border of the property being rezoned is Tigertail Avenue.
The proposed rezoning will allow almost a triple increase in
existing density and will allow officef commercial and any
type of land use in contrast to the current residential
zoning. And such proposed changes will triple the available
floor space, increase the density) increase the traffic lead
to winding of the streets in the North Grove and destruction
of the residential neighborhood. Mr. and Mrs. Cold own a
home one block north of the area being rezoned and are
within three hundred seventy-five feet of the area and they
have lived there twenty years. Mr, Barry Fellman owns a
condo across the street from the proposed area. He is also
within three hundred seventy-five feet. He has lived in
Miami for thirty years and in the Grove for a decade. My
clients face elimination of the integrity of their
neighborhood by the Items 5 thru 8 and I'm going to address
all of them together) because they are related and
consequently my clients face a radical alteration in the
quality of their life and we ask you to carefully consider,
as I know you will, the change of their neighborhood. I
have a few brief procedural points I must make before I
address you on the merits of the Items 5 thru 8.
Mayor Ferre: Ms. Cohen, I's afraid that... you know, last
time out of courtesy to you and your clients I let you go on
and we went on until 12:30 at night. I need to ask you how
long and you know, we went through this thing that you
presented an hour of testimony and then after that you said
well that was only procedural now I want to get into
substantial issues and we went into that whole ... Now, today
you were supposed to address us on substantive issues. Now,
you... the reason I'm stopping you is because you know say I
need to address then procedurally. Now, are we going to
start in another hour of procedural discussions.
Ms. Cohen: No, sir.
Mayor Ferre: All right, how long is the procedural
presentation going to take?
Ms. Cohen: Approximately five minutes.
Mayor Ferre; And how long is the substantive presentation
going to take?
Ms. Cohen: Approximately fifteen minutes.
Mayor Ferre: Ok. I will because of the special
circumstances here I will ... if you expand that instead of
17,3P I mean 7-3, which is what she has left, ma�e it 17-3.
Ms. Cohen; Thank you, I incorporate by reference all of
our past arguments and the documents already put into the
record and in view of your remarks this afternoon about the
relationship between the Dinner Key Master Plan and Items 5
thru 8 on the agenda today, we renew our argument that the
gl
I Q January 24, 1985
M6tioe for those itetht for the prior hearings DeceMber 19th5
JahUAry 2ndt January 10th and today are defectiVd and the
City Commission is without jurisdiction to act on these
items because the actual of4dinance- incor'Porfttes- the Dinner
Key Master Plant Thererore, it's how substantially
different from the matters in the notice and it is
substantially different froth 'U-h'e Matter being heard here,
This is a prejudice to my clients by denying theM the public
input At pt�ior hearings by properly noticed public. It's a
Violation of 3515.2 & 3 in Ordinance 5500 A8 aMehded and
according to 3515.4 must begin the process again, The
Dinner Key Master Plan is not yet enacted and is in A state
of flux and the notice...The notice area changes for the
amendments with the Dinner, key Master Plan have been added
and it violates Section 62-55 of the City Code and Florida
Statutes 166.0413 (3) (c) (1). My other points are that the
repealer clause in the actual ordinance may -repeal Section
2015 of Ordinance 9500 which limits the site of the parking
garages. SPI-17 allows substantial increases in the parking
garage sizes and we object to this. The radical change of
the zoning code and is not in the noticed manner, The
repealer clause with this effect in the actual ordinance is
substantially different from the proposed amendments in the
notices and that we object to this improper procedure,
because the notice of the repealing of section 2019 is
defective, you are without jurisdiction to repeal 2019 now
and is a violation of 3515-2. The thirty day notice for
this hearing is not in the public file. The actual
ordinance as includes 15150 which refers to Overtown/Park
West. That is radically different from Items 5 thru 8 and
we urge you to strike this from the actual ordinance. The
repeal of 3514.1 of Ordinance 9500 is in this ordinance and
we object to the indirect way of during this without proper
notice. A further procedural point is that the text...
Mayor Ferre: Ms. Cohen, will you excuse me for interrupting
and would you cut the time off. I would like to recognize a
very former and very distinguished former City of Miami
Commissioner who served this city with great distinction for
many many years, Commissioner Alice Wainwright. Ms.
Wainwright we are always happy to see you here and we always
have, I guess what. Legally it's called senatorial
courtesy. So, is there anything that we can do for you on
this day?
(BACKGROUND COMMENT INAUDIBLE).
Mayor Ferre: On 22, 1 see. We will try to accelerate that.
All right, yes Malam. Oh, I'm sorry proceed.
Ms. Cohen: The next procedura" - point is that the text of
15173.2 talking about documents for application is not
related to the title of that section at all and we object to
this. And finally, the amendments added by Mr. Traurig for
15 172. 2. 1 (c) do not clear up the vagueness problem and they
do not clear up- the attempt to base a parking bonus on
future unspecified needs for parking. We object to the
references to the Dinner Key Master Plan which is not yet
enacted. The merits of SPI-17, I have a few comments and
then the residents will address you. I would like to
discuss generally what is $PI-17? Generally it allows an
increase in floor area over existing area allowed based on
providing extra parking spaces for Dinner Key activities.
The extra floor space is for any use. Now, how much
increase is allowed, Well, that depends on the number of
extra parking spaces provided. A building can be doubled in
size by the bQnusv Fven though the ordinance limits the
bonus to .5 FAR, For example, if the property is allowed to
have forty thousand square feet of floor space one hundred
spaces will allow an extra twenty thousand square feet.
gl 11 January 24; 1985
Now, what is this extra floor spade for? The ordinanc6
readi any Use that is Llhtbned floor space, It creates an
UMtoned Area vertically for the bonus floor Space, what
Dinner Key Activities! We have argued before this is vague,
The bihner4 Key Ma8ter Plan is in a state of flux. We object
to this. How much parking is needed toV the Dinner key
Activities, The Dinner% Key Master Plan page 23) indicates
After rettriping that six hundred fifty spades will be
needed fOf4 the existing plan expAhS16ns� but SPI-17 has no
cap on the nuitbor of spaces needed. The bonus floor Space
should be giVe-h out based on the amount of parking needed,
And applicant Should..,
Mayor Ferre: Ms. Cohen, I'm sorry to interrupt you again,
but I see of course, that our distinguished former Attorney
General Bob Shevin is here. Mr%. Shevint I assume that you
are here on the Overtown Park West rezoning issue as Are you
legal associates. Ms. Wainwright is here on item 22, We
are just now on item 5. Item 5 runs concurrently with Items
7 t 8, 9 and I think 10 and 1 1 and 17 which is a 7 o ' clock
hearing. it's now 5:45, My guess is... and after that we
have to go back to Item 3 which Mr. Cardenas is trying to
negotiate with other attorneys to see if they can come to an
agreement6 Now, my guess is that just on this series that
is before us now Mrs. Wainwright and Item 3, we are talking
about a couple of hours. I don't frankly see that we will
be at any of these other items before 8 o'clock. So, if you
all want to go home and rest or go have a drink or have
dinner or whatever you66. you came by taxi. Well, we would
be happy to have somebody ride you back and pick you up
later -on if you want6 Nestor.
Mr. Dawkins: Mr. Vice Governor Ron Book are you going to
stay.
Mayor Ferre: All right, Mr. Manager, would you have
somebody give Mrs. Wainwright a ride back. It's only about
five or six blocks to her home and have her picked up right
before 8 o'clock. All right, thank you.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD).
Mayor Ferre: Mr. Shevin,' I wish I could tell you. You
know, I.. . We have Bob Traurig who is not a overly windy
fellow, but he does take his time to make his legal case.
Mrs. Cohen who represents the opposition position is also a
very throughout attorney who wants to speak twenty minutes,
I guarantee you there will be rebuttals back and forth. We
have seven or eight citizens that want to speak. They have
three or four minutes, by the time it's all done and over
with, just on this series in Coconut Grove, we are talking I
think an hour and a half.
Mr. Plummer: Well, you got the 7�olclock hearing too.
Mayor Ferre: Now, we have got a 7 o'clock hearing which
ties into all of -this. So, I just wanted to out of courtesy
to those of you on other items, it is my opinion that we are
not going to take up anything other than these series on
Coconut Grove and Item 3 which is also Coconut Grove and
Mrs. Wainwright as a former City Commissioner and as an
activist in Coconut Grove for many many years you know that
Coconut issues take about five times longer than any other
issue before us, All right, proceed Ms. Cohen.
Ms. Cohen; Thank you. Were discussing generally what SPI-
17 means, How much floor space increase is there. What is
the extra floor space for, * What use, What are the Dinner
Key ' activities how much parking is needed and as I was
sayIng, the SFI�17 has no cap* on the number of spaces
gI
January 24, 1985
8 T
nodded, The bonus floor space should be given out based on
the amount of parking needed, Which is six hundred fifty
spaces and the applidaht Should demonstrate the heed for 'it.
It Ter*rleffiark is going to take a batch of the spaces the
applicant should demonstrate how many spaces are left for
his bonus. Hbwevaeo 8PI-17 does hot do this. 8b.1-17 gives
out bonus floor' space based on a parking garage Within Six
hundred feet of the Dinner Key activity. Theref6re, As new
activities are built on Dinner Key they radius will move
right down 8ayshore Drive to Peacock Park. The bonus is
thus open ended based on future activities unknown at this
time and unknown parking needs cannot support the SPt-17-
SPI-17 also allows buildings to duplicate the bonus 8pacas�
because the buildings will be in the same radius area. it
is thus unrelated to the Dinner Key Master Plan parking
space needs and it is without standards and guidelines. We
have suggested alternatives.
Mayor Ferre! Ms. Cohen, you have ten minutes left.
Ms. Cohen: Thank you. We have suggested alternative means
to obtain the needed parking spaces at the January 2nd PAB
hearing and we have a chart. Mr. Luftt would you assist me
please? I have an overlay chart here. This chart shows the
existing allowable square footage in the Bayshore area. The
existing use today and the parking spaces required and you
can see in the second column if the existing use and the
potential use under the existing zoning is built up, that is
the floor space you will have and you get down to the
parking spaces required, there are thirty-one hundred
spaces. This is based on the figures the Planning
Department gave out at prior hearings. In the third column
under SPI-17 you see the floor space allowed combined with
the existing use and you see that the parking spaces that
would provide would be fifty-one hundred, over five thousand
spaces.
Mayor Ferre: I don't understand the difference between
column one and column two.
Ms. Cohen: Column one is what is built, what's built today.
Mayor Ferre: Oh, that's what built today?
Ms. Cohen: Yes.
Mayor Ferre: And the other is what could be built under
what we have today.
Ms. Cohen: Yes, Sir.
Mayor Ferre; And but you don I t have ... do you have the
parking? How many parking spaces do we currently have in
the Grove?
Ms. Cohen; I don't know that.
Mayor Ferre; All right, go ahead.
Ms. Cohen: Ok - The ... when the vacancy rates are so high
in Miami, twenty per cent, this proposed development make no
sense and it is unrelated to the parking needs of Dinner
Key, AS you can see the development of existing zoning will
over double the floor space in the area and the SPI-17
Development added to what exist today triples the amount of
floor space in the area. Thank you, very much Mr. 'Luft,
ThU5 the parking for the Dinner Key activities can be
provide under existing zoningt The least restrictive
alternative to solve the parking problem has now been
chosen. The bonus building size for the parking is not a
Janwary 24, 1985
A
9981
0 0
reasonable teaM8 to reaching the goal of providing six
hundred fifty spaces. We have suggested a cap of six
hundred fifty spate8, This has hot been accepted, Purthero
SPI-17 will result in huge parking garages. Terreffiark
parking garage is a big As the building in floor 8pace, 18
in doh8i8teflt with 2019 in the code which limits the site of
parking garages. What else does SPI-17 do) Well let'8 look
at Tiger -tail'. The existing ZOMihg is two hundred twenty
feet deep as 8PI-36 We have argued that the existing zoning
ordinance was created to preserve and protect the existing
neighborhood Under SPI-3� because there is substantial
public interest in doing so. And you heard the residehtS of
North Grove address you on their desir4e that the
neighborhood remain the same on January 10th, SPI-3 has a
height limit of forty feet and we have argued that to remove
SPI-3 needs a greater public interest than preserving the
integrity of the neighborhood. The undefine parking needs
and SPI-17 are inadequate to remove the SPI-3 for the
reasons we have argued tonight, They do not... the control
height of SPI-17,.6 not because the existing zoning controls
the height by limiting the amount of gross square footage in
the building. Does SPI-17 preserve the Tigertail area? No,
because the rezoning increases the land use on Tigertail to
residential office. There is no mandatory townhouse
provision, The parking garage Will be fifty feet from
Tigertail. Therefore, we argue there is no greater public
interest which exist than preserving the integrity of the
neighborhood and we urge you to leave SPI-3 and RG-2/5 as
they are, but what else does SPI-17 do. The bonus floor
space for extra parking will create parking garages and
these are incentives to drive into the area on streets
already over burdened. We know that there are
services on these streets which is the worst traffic
problem. The area has limited access, 27th Avenue and
Bayshore. It makes no sense to give parking bonus to
encourage driving to an area with unacceptable levels of
traffic. It's inconsistent with the Metrorail concept. it
makes more sense and is consistent with Metrorail to
eliminate the parking in these buildings totally. Avoid
worsening the traffic problems in the Grove. Give a bonus
to a developer who is going to put a parking garage
somewhere else. If you are going to wind 27th Avenue run a
trolley down 27th Avenue from Metrorail. It makes even more
sense to encourage building along the Metrorail line, which
I know is being done, rather than in the limited access
areas in the Grove. SPI-17 changes the Miami Comprehensive
Neighborhood Plan as we have argued before. We hear about
the area changing, so rezoning is needed. And we say when
the developers argued that it's changing because land
speculation is created, which the developers create
themselves. This is not a rational basis for changing the
zoning. To say this is a rational basis erodes the zoning
law and the Miami Comprehensive Neighborhood Plan by the
whim of the land speculator, rather than for the welfare of
the citizens. We have petitions we are turning in here of
approximately one thousand to twelve hundred signatures of
residents of the- City of Miami, I hope, indicating they do
not want increase in density in the Grove by rezoning. I
will turn them in. We counted up to seven hundred and the
additional ones obtained recently, I would estimate would be
twelve hundred signatures. There is a letter from the Miami
Civic League, I believe, which was sent to all the
Commissioners. Miami Civic Leagues does not support the
density increase by the zoning and we urge you to protect
the integrity of the neighborhood by denying -SPI-17 Items 5
thru 8. Thank you very much for your attention as always,
I incorporate these remarks by reference for the Friend3 of
Everglades, The neighbQro would now like to address you,
If you have any questions I would be happy to 9,91P
gl 14 January 24, 1985
rw
Mayor Ferret Well 0 I'm sure we will go t back to you
tubaequemtly. All righto the next speaker, 140W� itl the
interest of titbe in getting to the other important i88ue6
that we have before Us 1 would like to see ... does anybody
need more than three minutes? How much time do you need
air�
UNiDENTIFISD SPEAKER! Ten,
Mayor Ferre: Anybody else need more than three minutes,.�
Ok. Vt going to give the opposition accumulative time and
I wanted to explain to you that 1 think out of fairness to
the other people on other i8suet I will put a limit to this
whole discussion to no more than One hour and at that time
we are going to vote. So) you can take ton minutes of that
hour.
Mr. Steven S. Cook Yarborough: Mr. Mayor and Mr.
Commissioners, my name is Steven 8. Cook Yarborough. IL live
at 3550 Crystal Court in the North Grove. Since 1930 1 have
been a civil engineer in charge of projects of wide variety
in many parts of the world. These have included ports,
airports, harbors, roadso new towns, sanitary systems and so
that I have covered the whole gamut of engineering. I am
familiar... I have studied the zoning code of the City of
Miami and I have studied in detail the matters that are
before the Commission on this issue. At the first reading
of this matter I started to show some of the incorrect or
confusing statements that have been presented in support of
the proposed rezoning. Time did not permit delivery of my
full representation and since then thanks to the good
offices of Commissioner Dawk-ins --- thank yout Commissioner—
the full presentation has been typed and delivered to you
for studying. My presentation show that contrary to what is
being indicated the proposed rezoning would substantially
increase the intensity of development over that permitted
under the present zoning. It showed deficiency of parking
for activities on the Bayside or South Bayshore Drive
appears to be incompletely analyzed as the amount and
location, but could be as much as six hundred fifty of which
a hundred sixty-five spaces would be needed for the
Exhibition Center and between a hundred ten and three
hundred fifty -one ---note the spread--- for the gym on Monty
Trainer's area at the other end of the project area. Mr.
Traurig said that the number is eight hundred thirty-one.
That's is correct, but he forgot to say that a large--- I
think it's a hundred eighty-one --- can be produced by
restriping existing parking lots and that is how the Dinner
Key Master Plan got back to six hundred fifty is what they
would put in a single parking garage. It is important to
understand that if you are going to give parking bonus or an
FAR bonus with respect to parking this I believe under the
definition is only parking that can be demonstratively
needed within the six hundred radius of where the extra
parking is being provided. So, you need to understand where
the parking is being general on South Bayshore. The
proposed modificAtion of SPI-17 enumerated the the public
activities that would qualify across Bayshore. Those were
given today. The way I read it, this in fact would reduce
the number of parking spots, because it excluded certain
items which were included in six hundred fifty, The SPI-17
is totally deficient in establishing the conditions under
which an FAR bonus can be claimed. It does not require that
a properly demonstrated need in excess parking with six
hundred feet of the building be established, And it does
not state how this need if occurring within six hundred feet
Qf two more buildings is to be apportioned, So that each
building contain an appropriate bonus, It also has not beep
shown that the bonus FAR for parking is the optimum solution
to the parking problem and will result in over construction
Jani4ary 24, 1985
0 0
Of Parking fAcilitiet. I'm referring here to the very large
ihVentorY of parking privately own that is empty Most of the
night and on weekends, My previous presentation pointed Out
that SPI-17 is written to meet the requi eeffient-s of a
Specific project and this is legal. I would now like to
draw you attention to two other confusing claims. It's
being claimed that SPI-17' is not in conflict with the comp
plan ... the Miami Comp. Plan, 1 submit that it is. It May
not be in conflict with the intent, but is in conPlilot with
the actual fact, because in the comp plan) the area along
Tigertail which was previously two hundred feet wide
approximately and which was R(I-2/5 was for Moderate density
housing, by extending P03/6 right up to Tigortailt even it
you have got some restrictions because they can fall off
like leaves in Autumn) even if you do that you are still
theoretically moving RO-3/6 up to Tigertail and thatts
contrary to the comp plan. I would like to submit this. 1
think you will see the purple area... the purple area here
is commercial and the yellow is residential. My second
point, it has been stated that by replacing the present RG-
2/5 and SPI-3 along the Southern side of Tigertail will
ensure a buffer zone to the residential district on the
other side of the avenue. I have passed to each of you an
illustration. The illustration shows a cross section of two
possible methods of developing the South side of Tigertail.
Now, a cross section if you are not familiar with the term
means I have cut across Tigertail and on the illustration as
you look at it...nobody is. � can
So, I don't know how T
explain what I'm doing. On the left hand side of Tigertail
is the single family story development. On the right hand
side of Tigertail in both these cross sections are what you
can build on the present and future zoning. Upper section
is on the proposed zoning and the lower is under existing
zoning. Clearly the buffer zone is more affective under the
present zoning. It gives us a wider distance of lower level
before you can shot straight up into the sky. Would you
just hold that so the gentlemen can see. They don't seem to
be...
Mayor Ferre: No, no, we have it. We have seen it.
Mr. Yarborough: Clearly the buffer zone is more effective
under the present zoning. So, the change is not in the
public interest. It has been said that SPI-17 gives height
restrictions. It does. It increases the potential height
in the buffer zone from forty to forty-five feet. Is this
in the public interest? SPI-17 also gives a maximum height
to the underlined RO-3/6 district where no such limit now
exist. This is true, but FAR setbacks ... FAR setbacks,
light planes and the economics of building construction
exercise a degree of height control, if not, why aren't the
present buildings that were constructed under RO-3/6 higher?
And their maximum height evolved under existing restraints
and as recommended by the Planning Department as the maximum'
for future building happens to be about twenty-two stories.
That was because that's the economic limit with that side of
site and the FA� limits imposed. You could if . you wish
build, if you got a hundred thousand square feet of building
space you could put a thousand stories a hundred feet square
foot, but this isn't economically possible.
Mayor Ferre: You have got two minutes left,
Mr. Yarborough; There is yet another existing control. An
RO district is defined as intended to apply . in areas in
which primarily residential in oharacter with offices,would
also be appropriate compatible scale intensity, Look at the
cross aecti_Qna on the illustration, Are those highriae
OffiCe buildings a compatible scale and intensity with low
density single family homes across Tigertail. If, which is
V
0. 16 january 24, 1985
0 0
likely the Orit- erioM of OoMpAtibilitY as 6et forth in the
district regulations were applied excessive height Would hot
be permitted. The final Point on the protection of toning
and particularly the 8PI-17 is said to give to the
neighborhood. This protection is a illusionary 18 evidence
by the Applications have changed the protection given by the
existing zoning. Even now before 8PI-17 has been adopted,
It Appears that staff is Working on itodifidations to ito
that will start through the hearing process in the next few
weeks. In dontlu8iono I have pointed out nUMeroua instances
of inCoMplete linfortbatioho rules or directives. If SPI-17
is adopted it Will help change forever the character of the
North and Central Grove areas and create precedents that
could threaten the South Grove, SPI-17 is not in the
public's interest and i 8 too sloppy written in oomposition
to become law. Thank you gentlemen.
Mayor Ferre, All righto the next presentation, Can you
limit it to three minutes.
Ms. Judy Berg: Two minutes. My name is Judy Berg from the
law firm of Fine Jacobs Schwartz Nash Block and England,
2401 Douglas Road. Vm here on behalf of Bayview Executives
Association who are the owner of a tract of land on Aviation
between gayshore and Tigertail. At the January 10th meeting
Martin Fine addressed this Commission in Opposition to the
Sayshore ordinance. Our main objection was to Section
15172-2.1 which is the .5 FAR bonus for any developer that
could give in excess of one hundred parking spaces open to
the general public. We felt that the arbitrary use of one
hundred was discriminatory and in favor of those property
owners who could put together large parcels of land and also
that it bore no rational relationship to the public health
safety or welfare. Because of the overwhelming need for
parking in the area we asked the Commission to grant an
amendment to the ordinance to allow anyone who would provide
fifty excess parking spaces be allowed to take advantage of
the bonus density and pursuant to the Commission's
instruction the Planning Department has drafted that
amendment. It's due to be heard before the Planning Board
on February 6th and this Commission first reading on
February 26th. Due to that fact, we would like to with draw
our objection and voice our overwhelming support for the
Bayshore ordinance with the eventually inclusion of the
amendment. Thank you.
Mayor Ferre: Thank you. Next Mr. Kavanaugh.
Mr. Dan Kavanaugh: Good evening, Mr. Mayor and members of
the Commission. My name is Dan Kavanaugh. My residence
address is 3652 Poinciana Avenue, Coconut Grove and my
office address is 2964 Aviation Avenue, also Coconut Grove.
I have just handed to you a copy of an excerpt from the
Bayshore Study and if you have had a chance to open it up
you will notice that on the —toward the right side of that
is circled a property that I want to speak to you about very
briefly. that!s a property that I have owned for
approximately ten years and what I would like to suggest to
you is this, that to include that in the mandatory buffer
zone is really not the right thing to do with that piece of
property. In principle the mandatory buffer
zone along
Tigertail, I think could be a good idea and I think it will
be a good idea, The reason it's not a good idea to apply it
to this particular piece of property is that that is an
older buildi
It is really not in character with the rest
of the neighborh6od. It has a few serious negatives that
are a serious detraction from the rest of the neighborhood,
AlthQughp it is extremely well maintained, but for example,
the parking for that building is along the north ,side of the
building and it must back out onto Tigertai-I Avenue. it's
17 January 24, 1965
CA:-
An awkward situation, The building fades a long blank Wall
along the its north side toward the Tigertail residential
area and yet to place that"in the mandatory townhouse tone
Means that you are going to perpetuate that use forever
because I don't think anybody is ever going to tear down a
sixteen Unit building in order to build five or six
towhh6u8es, Sot what I respectfully suggest to you with all
due respect for all the work the Planning Department has
done on this is that to apply the mandatory townhouse 2one
to that particular property which I think you Can see
clearly on the Chart in front Of You, It's really not the
thing to do. The mandatory townhouse buffer, zone should end
at Aviation Avenue..,
Mayor 5erre: And so� what should we do with your property?
Mr, Kavanaugh: I would suggest Mr. Mayor and members of the
Corami8siont you simply leave it RG-2/5 as it is n6wo let the
property resolve itself. I think that eventually...
Mayor Ferre., All righto Mr, Pareda do you... does the
department concur with that recommendation? And if not, why
not? Or Mr. Luft. I'm sorry. Is anybody paying attention?
Mr. Luft: Mr. Kavanaugh has requested that RO-3/6 zoning be
applied to his property as opposed to its66.
Mayor Ferre: No, RG-2/5-
Mr. Luft: That's what it is today.
Mayor Ferre: That's what he wants to stay at.
Mr. Luft: But he would like the SPI-17 ordinance to grant
him the privilege of putting an office building on that
corner.
Mayor Ferre: Well, now you can't have it both ways Dan.
Mr. Kavanaugh: No, and that's not the intention. I think
ultimately that would be the preferable use of the property,
but that's not what I'm here before you to discuss tonight.
What I'm saying tonight is that I would suggest it simply be
left a RG-2/5 and not be included in the buffer zone. As
simple as that.
Mr. Luft: That's fine. There is no need for a buffer zone
over an RG-2/5 since that itself is the intended original
buffer zone.
Mayor Ferre: If we were to do something like that Ma'am
City Attorney would that in anyway jeopardize ... that
certainly is not a substantial change.
Ms. Dougherty: No, but in fact that would be deleting a
portion from the - ordinance that would leave it the way it is
and that would not be a change that would require going back
to the Planning Board.
Mayor Ferre: So, if we leave it the way it is, then the
zoning would be changed.
Ms. Dougherty: It would be lessening it. It would be
lessening the intensity of the proposed zoning by leaving it
where it is.
Mayor Ferre; Well� that's what he wants,
Ms, Dougherty; Yea. So# it does not have to go back to the
Planning Board,
JanWary 24# 1985
a
Mayor Perret I see. Ok, . All right � let's tee if the
attorneys representing the other property Owners is the
attorney from Piho, Jac Obson here or has she loft?
(8ACKCROUND COMM8NT M� TH8 PUBLIC R8COD)
Mayor Perrot All right� Mr. Traurig, are you around!
Mr. Traurigt Yes.
Mayor Perrot Do you conour with the statement that Was just
made by the City Attorney and that is that if we grant the
request of Dan Kavanaughg that is deleting that property on
the other side Aviation and leave it at RO-2/5 that since in
effect it is less toning.** 1 mean) less volume. TherePoret
there would be... it would not have to go back to any
planning and there is no legal jeopardy on the main
ordinance.
Mr. Traurigi I think that the issue that Dan raises relates
to the mapping and the passage of the zone changes rather
than the ordinance itself. This is a new ordinance to be
adopted a special overlay district, the SPI-17 and the
question is should it be applied to his property and that
could accomplishedo I believe� in the mapping. When you
ultimately on whichever item would apply to his property
adopt the changes in zoning for... or put the overlay on
those properties, then you can delete his property if you
care to, but I don't it applies to the ordinance that you
are considering as this item.
Mr. Kavanaugh: Now, Mr. Mayor ...
Mayor Ferre: Now, Dan are you willing to believe the master
in legal opinion of zoning?
Mr. Kavanaugh: I concur with Bob's opinion. It was my
opinion from the the beginning that you have the authority
tonight without in anyway jeopardizing your general action
to go ahead and remove that from the mandatory townhouse
zoning.
Mayor Ferre: Well, I think we can certainly say that that's
the legislative intent and then when we get to the mapping
it can be done that way.
Mr. Kavanaugh: Now, I want to be very candid with you and
say that I think the reason for doing that is to put that in
the mandatory townhouse buffer zone and to leave it there
just sort of locks it into a situation that is of no.benefit
to anybody and that by leaving it in the same situation it
is now at least we can come back and visit it later in a way
that might improve the whole neighborhood.
Mayor Ferre: Well, we will see if there are any objectors
to that - I cer-tainly have no objection to it. I think
that's a reasonable request and I don't think it does any
harm if we do it the way Mr. Traurig is recommending.
Mr. Kavanaugh; 1 appreciate it Mr. Mayor and members of the
Commission.
- Now, I would like to ask you, I know these
hearings go on for about two or three hours. There will be
a need however, toward the end of the hearing for someone to
make that motion,
Mayor Ferre: Yes. All right,
Mr. Kavanaugh; Thank you.
gl 19 Janwary 24, 1985
rw
Mayor Ferre: Ye8o Malat.
M8, Roberta C. Gross! Gentlemen) I'm Roberta C. Gross. I
live at 3120 Lucaya Streett which has been my home since
Pebruary �3o 1946 and where I hope to -stay until I die. I
have lived in Miami 66 years as my Pather came here in IqO8,
I approve of the statement in the intent section of the 8PI*
17. It is the intent of- these special public interest
district regulations that future publid and private
development shall respect and enhance Coconut Grovet8
desirability as a place to live and work, That I a0oroVe
of, Anything beyond that as Par as I dam see is a detriment
to our district and area. From your district regulations,
the definition of RO, residential orfioe,. this district
designation is intended to applied in areas which are
primarily residential in character, but within which Would
also be appropriate at compatible scale and intensity either
in separate buildings or in combination with residences.
So) the ordinance as presented I feel is incorreott because
the buildings that are going to be allowed certainly ate not
in compatible scale and intensity with the residences in the
area. Soj I feel that this designation is incorrect. I
dontt understand how that designation can apply, I also
object to the claim that so many extra parking spaces are
required for public uses and for these parking spaces we are
going to give the developers bonuses of extra space in their
building which will increase the density tremendously as far
as I can tell about forty-one per cent. This is no way to
appropriate at compatible scale an intensity. As another
point I do not see how taking away our two hundred foot
setback on Tigertail as a residential buffer zone ' which we
have in SPI-3 is giving us anything when you take that and
give us a fifty foot setback which is what we come to if the
developers take. all the exceptions that they are allowed to
take under the new SPI-17. You also know as I do that the
traffic in this area is impossible already. Increasing the
density as proposed by SPI-17 would make it impossible for
those of us who live here to get to and from our homes in
the morning rush hour or in'the evenings and difficult the
rest of the time. I do not consider this appropriate usage.
The sewer problem has already be called to your attention by
that department of our city government. I request that,you
heed the warning of what will come about do to this zoning
change as stated in the article in the Miami News, Wednesday
the 23rd of January, 1985, which was yesterday and I have a
copy of that right here. I would also like to go on record
as stating that I am a retired business woman living on a
small fixed income and social security and if the taxes
continue to increase in this area over the next ten years as
they have in the last ten, the City of Miami will be forcing
me out of my home and I think this is unfair to a citizen of
the City. I thank you for your time.
Mayor Ferre: I just wanted you to see the pictures of some
of the parking problems that I'm sure you are well painfully
aware of and after you look at them, would you give them to
Mrs. Cohen and perhaps the opponents can...
Ms. Gross; Sir, I'm aware on weekends and special
occasio,ns.
Mayor Ferre: Yea, and on festivals
and things that happen
in Peacock Park and the marathon and the art festival.,
Ms. Cross; But this is when, . these things go on when
business is not using the parking that is available and 1
think we should make that parking available to those people.
Mayor Ferre; All right the next speaker, Are there any
other speakers at this time? All right, go ahead, We need
gl ?0 January 24, 1985
C
0
to move ajong. It's now close to 6!30, We will be breaking
at 9-.00, It's unfair to the other people that are here on
major issues. I will hot go as I said beyond the ' hour and
we are getting very close to it. 8o� we are going to vote
very soon,
UNIbtNTIFIED S?8AK8R1. Mr. Mayort to us this is a major
issue.
Maybe Perre! Yes and We have been here since 9 O'clock this
morning on this and other major issues& You proceed,
Mr. Jim Stuart: Jim Stuart, I live at 2541 Lincoln Avenue6
The next block over Prom where this development or let's say
from where these' zoning changes and SPI district changes are
intended to occur, To be brief, 1 think that the SPI-3
which we have right now to deal with suits the purposes of
the area quite well. It's a district which requires review
by the department and this Commission for anything that is
intended to be developed there. Changing this and removing
the residential zoning along Tigertail will only further
enhance and unreasonably enrich the number of office
buildings and the number of square feet of office built in
this section of Coconut Grove. One of the questions that's
been raised quite often is "well this is going to happen
anyway isn't it? I mean, look at what they have done down
at the corner of 27th and Tigertail where that was changed
to RO-3/6. It's true, I think that we abandon our
responsibilities when we didn't fight that tooth and nail
because that was directly across the street from the gas
station and at a major intersection. What they got they
certainly used to put to good use, because right now it's
really an offensive corner with those air vents coming out
looking like the thing is about to take off and head into
the bay. It is rude and insulting to think that we who live
on Lincoln want to walk to Mayfair have to pass by something
that looks like the exhaust of a rocket ship pointed right
at the sidewalk. That is really something we want to avoid
here on Tigertail. This optional idea of a hundred foot
setback which is really a fifty foot setback which is really
a twenty foot setback for the townhouses, I don't believe
it's going to be sufficient. Because living close by there
is no restriction. I mean, if there was some thought given
to the idea of keeping the major development down on
Bayshore. It's not. They are going to take that tower and
push it right up on top of the hill. It's going to be over
looking every single person's back yard for blocks around up
in the residential area. When we bought, for me eleven
years ago, and we have lived there for a long time. We are
very happy with the neighborhood. As we brought before,the
Commission some points before the traffic is becoming quite
heavy and dangerous on some of the small side streets as it
is now. After they finish building it's going to be that
much worse and I wish the rest of the Commission was here so
that I could ask a question of do you really know what you
are doing. I dQn1t mean that to be insulting, but do you
know what you are doing. We talk about density and forty
per cent. My business is real estate and I have to sell
property on the potentials of an area. This is not a forty
per cent increase, We are talking about taking a site for
office buildings, doubling the size of it by moving it all
the way up to Tigertail using all to the middle of the
streets around it and then fifty per cent additional and
when you add the bulk of the additional parking places ---and
Jack, you tell me if I'm wrong ---we are going to end up with
two hundred twenty-five per cent of the development on that
aite compared to what it would have been even using the
fullest, the office parking and residential that could be
permitted today and I don't think that point has really been
addressed, If this building isn't going to be forty or
January 24, 1985
point fiveo it 1 8 going to be two and something times as big
As what we have and it's going to be across the Street from
single fathily houses.
Mayor Perre! All right5 thank you,
Mr, Stuart: Thank you very much,
Mayor Ferret All right� next speaker.
Mr. Jim McMaster: Jim McMaster) 2940 Southwest 30th Courts
I think what I'm most concerned with is he just said is the
increased density and traffic that this is going to
generate. Seth Dunlap in the Heraldq I thinkt states it
very well that "I think what we are going to end up with
here is in effect another Brickell Avenue", she states,
"Without sensitive architecture South BayshOre will become a
street of very different demeanor, one with a kinship to
Srickell Avenue or Biscayne Boulevard with bulkier buildings
and prominent garages. This could make Coconut Grove look
much less like Coconut Grove and more like any another place
in South Florida and that is a big price to pay for
parking". And in the Miami News they say "the long view
would emphasize, possibly even encourage development
farther west along South Dixie Highway and near the
Metrorail line. That approach to zoning would have the
highrises increased where they ought to be and not in a
neighborhood still largely single family and the art * icle I
alluded to earlier from the New York Times. I think just
what the article is saying that there are neighborhoods all
over the Country in cities like Miami that when massive
zoning changes like this occur, the residents were smart
enough, basically upper middle income residents and older
established neighborhoods like this behind Tigertail to know
that after a while they just get tired of fighting. And
what are their options?, and their options are to band
together and to sell out and I think that's what this plan
is going to lead, this increased density, these: massive
Brickell Avenue type structures and the traffic and the
congestion they are going to cause is not going to... this
SPI-17 is not going to protect the neighborhood behind it,
it is going to lead to them banding together and I would
like to remind you gentlemen, if a hundred forty-four
individual home owners in an eighty-five and a half acre
area can get together and agree to sell their entire
subdivision to a developer, certainly these people in these
streets here block by will get together and it was not only
there. It was in Houston, Washington... here is a quote
from the director of real estate research for the Rice
Center and Urban Research Institute at Rice University in
Houston. "what seems to be happening is that home owners
who once fought development are now banding together and
saying since we can't stop it let's make some hay out of a
bad situation". And many of these people are making three
and four times what their homes are worth and that's they
are going to be back to you in the years, you know, after
these big highri-ses are put up, these same people who are
fighting now will finally give up and say "fine" and they
will sell out and Coconut Grove will no longer be an asset
to the City of Miami, Thank you,
Mayor Ferre: All right, thank you Mr. McMaster. Next
speaker,
Ms. Joanne Holshouser; I would like if I may first to read
a statement from Marjorie Stoneman Douglas who could not be
here,
Mayor Ferre; Go right ahead. Don't put this on her time.
Go ahead,
# 0
Ms. Holzhou8ert Marjorie Stoneman DouglA89 And f1t 96rry I
don't have Correct addr ei8s. "coconut scant few years over,
the century mark is ra C Lh g destruction as a real village
While planners and developers prayed 6P change, growth and
progr6ssk Change 18 imevitableo but the nature Of that
change will determine Whether it is to be Pruitfulo healthy
growth or a wild thing which will destroy ua all, even those
who seek it , The future of Coconut Grove and all of the
people who live here is in Your hands today. Recoghite the
turning point. Keep our present zoning until a better plan
is agreed upon by the people who a most affected by it, The
residents of our community of Coconut Grove". And then for
the recdrd� I am Joanne Holshouser. I live at 42�O Ingraham
Highway in Coconutt Grove. A lot of talk has been made
about the enormous crowds who come to Coconut Grove and
(TAP8# 14) 1 want to say here on the record tonight what I
at trying in my copious Pree time to write a position paper
about and that is that Coconut Grove needs to face up
squarely to the Pact that we have already reached the point
at which we have too many large crowd events in Coconut
Grove6 We need to face the fact that Downtown Miami needs
to be made a festival zone. We need to monitor carefully
the sizes and the scope and the activities of various groups
and put them in appropriate place. My history of working
for three years with crowds of people in Coconut Grove is
that we long ago exceed the danger point with crowds in the
Grove on the street. A parking garage for every building
now on Bayshore Drive and to be built on Bayshore Drive in
the future is not going to be enough for special event
occasions. There is just no way you are ever going to
satisfy the parking needs of people if you are trying to
provide for them to come here, hundreds of thousands of them
in cars. I do believe that we can do a better plan than
this one. I think that it is a travesty to be offering up
something tonight and the Planning Department was writing
amendments to it before it was even brought up to you. I
really think that we need to figure out someway to do better
zoning along this corridor and not remove the zoning that is
already here that is protecting people. Thank you very
much.
Mayor Ferre: All right, next speaker.
Mr. Barry Fellman: My name is Barry Fellman. I live at
2539 South Bayshore Drive and I have been in Miami thirty
years. I have lived in the Grove for the last ten years. I
believe that part of my responsibility as a resident and
member of our community is to contribute and participate in
our community's growth. I have been actively contributing
and participating in this growth since my high�school years
about fifteen years ago. As a high school senior I received
the silver knight community service award from the Herald
and the public schools. Since then I have continued to be
actively involved in our community. For the last seven
years I have -been a curator of photography for the
Metropolitan Museum and Art Center on a non -paid volunteer
basis. I have also served as a non -paid advisory to other
organizations in our community. Such as our new center for
the fine arts Downtown, Vizcaya Museum and Gardens and Photo
Group Miami. Recently I became a volunteer guide for
Fairchild Tropical Gardens. When I learned about this study
the City's Planning Department was undertaking regarding my
community and neighborhood, there was no question in my mind
that I wanted to participate. This study as you know is
called the "South Bayshore Drive Development Study". During
the past few months 1 have been attending various meetings
of the City Planning Department, the South Florida Regional
DevelQpment Councilf * the Planning Advisory Board and the
City CQmmisgiQn, trying to have input to the process that in
gl 23 JanuarY Z4v 1905
NCEM
effect det0rffiiMe6 my future and the future Of the area I
live in, At this point I feel verAy frustrated, Although, I
have been told that public input was part or the Processo,
that input which I and other residents have Made 18 not
reflected in the South gay8hore Drive Development Study, I
would like to quote for a Study regarding its purpose even
though you have heard thia once it's very important that and
I quote "this raised the central question to be Addressed by
this Study, What is the proper toning for 8OUth Bayah6re
Drive and what are community needs that dictate proper
toning?" It residents of the community have not been about
to have meaningful input to this 8tudy� how can this
question about their, needs be answered? Wellf the way it
dan be answered is poorly, and in fact this central question
has been poorly answered by the present study. The South
Sayshore Drive Development Study itself has numerous
inconsistencies which I pointed out at the last Commission
meeting. I will incorporate by reference the comments 1
made then on January 10th rather than repeat myself now.
It's just frustrating to me that the proposed SPI-17 zoning
amendment before you today was prepared by the Planning
Department without public input. The first time I saw the
preliminary draft of the SPI-17 South Bayshore Drive overlay
districto I was shocked. The form it took had very little
to do with the public discussions and meetings I attended
with the City's Planning Department. Neither I nor to the
best of my knowledge was any other member of the public
involved in preparing this preliminary draft of SPI-17, nor
did we have input to it's preparation. It's the same draft
with just one change from and to or, or vice versa that's
before you today. One of the results of this lack of
meaningful public input is that the SPI-17 zoning amendment
is not consistent with the recommendations that the South
Bayshore Drive Development Study makes. Another result of
this lack of meaningful public input is that the SPI-17
zoning amendment contradicts itself. I would like to refer
to the section titled "intent".
Mayor Ferre: Mr. Fellman how much longer do you have to go
because ...
Mr. Fellman: Probably about a minute and seventy-fo . ur
seconds.
Mayor Ferre: Fine. Please take your minute and seventy-
three seconds, two, one, one seventy. Go ahead.
Mr. Fellman: Well, anyway as I was referring to the
preliminary copy of this SPI-17 which is effectively the
same thing before us now and it says in the first paragraph
of the section titled "intent" that... it gives the
character of the neighborhood. In the second section... I
won't read that paragraph to save time. In the second
paragraph it says "it is the intent of these special public,
interest district regulations that future public and private
development shall respect and enhance this character
preserving area -wide property values and enhancing Coconut
Grove's desirability as a place to live and work". This
sounds great, but as Mrs. Gross has pointed out,
unfortunately, the affect of the SPI-17 zoning amendment is
the opposite of its intent. I have summarized some changes
that the proposed zoning makes. It changes low density
residential zoned area now in place along Tigertail to high
density office zoning. it also makes some other things
which I won't read to you, but I will present for the record
if you are interested in seeing a copy I have typed it up.
Anyway it's clear to me that these changes which are the
affect of the SPI-17 did not respect and enhance the
character of the area. I'm disturbed at the time and energy
I have spent in trying to help determine the future of my
gl 24 January 24, 1985
9
0 0
ootmunity and neighborhood 8eoU to have been in vain. The
protest Which prbVidtg for meaningful public input at IeAgt
in this case of SPI-17 as tailed, It It now up to You Mr.
Mayor and Cbmmistibhers to determine the future of the areas
I would like to close with some general comments- I havd
watched our city grow and change since I Wag bbrh here
thirty years ago. In Pact I have help it grow And I am Part
of what it's become. Growth and change - dah happen in Ways
that improve the quality of lifet in ways that en66urage
harmony and cooperation between commercial residential
interest and in Ways that respect and enhance the character
of an area. Growth and change can also happen in Ways that
strain public services and polarite commercial and
residential interest. The changes that will occur as result
of the proposed SPI-17 rezoning are of this last type, If
t his rezoning is approved you will let us the public know
that our elected officials are not interested in improving
the quality of life in our city, but are taking actions that
are erode the progress we have already made and worked so
hard to achieve. Thank you.
Mayor Ferre.6 All right, Mr. Feldman thank you. Any other
speakers? We have got three more speakers, All right,
please come forward. Eight. All right.
Mr, Lloyd Charbonnet:. Mr. Mayor and Commissionp I have got
some photographs I would like to pass out.
Mr. Plummer: We have already seen those. You can pass them
again. The ones that were just passed around are more than
what you have.
Mayor Ferre: Pass them out. I don't want anybody to feel
that they have been denied the right to speak.
Mr. Lloyd Charbonnet: Good afternoon Mr. Mayor,
distinguished Commissioners, ladies and gentlemenp my name
is Lloyd Charboney and I have been an active office building
developer in Miami for approximately fifteen years. Our
offices are located at 3326 Mary Street ...
Mayor Ferre: Mr. Charbonnet I don't mean to be rude to you,
but I assume you are in favor of this.
Mr. Charbonnet: Yes.
Mayor Ferre: You just wanted to include all the properties.
Is that correct?
Mr. Charbonnnet: Yes but there are some other items I
would like to address.
Mayor Ferre: Ok. If you just don't repeat what you..
because what's happening here is that people... I don't mean
to be rude, but people are coming up, they are going on
instead of three- minutes, they ramble on for ten minutes.
They repeat the same thing they said last time around. They
rep eat the same thing the other speaker said and we end up
without adding anything to the deliberation and just taking
up two hours of timeo when in effect we have ten other
important items that are just important to the people that
are affected as this is to you, you know, just sitting by
waiting and hearing a repetition of things. Now, I know
this is important to all those that live in the area, but
make your point quickly would you. Thank you, sir,
Mr. Charbonnnet: I will give it my best try and I live in
the Grove as I have mentioned previously, We feel that
there is an extreme parXing need at the we-5t side of the
Grove and we feel that theoe picture5 that were pag5ed out
Jant;ary 24, 1985
Adequately document that, These pictures were taken on the
13th January during the Coconut Music and Food FeStiVAI And
you will notice that cars are parked in the medianj parked
on the rights 6P way, parked every where) Parked
particularly on the Kolis(jh property and thit property
presently is exempted from the proposed ordinance. We
uhdor8tand there is Proposed Amendment to the ordinance And
We are satisfied with the proposed draft that has COMe forth
from the staff Planning Department which was directed by the
Commission at the last hearing. However,,) in the ordinance,
proposed amendment tonight that Mr. Traurig presented to
ybu� there appears to be a conflict between the changes that
he is suggesting and the pt-opo8ed amendment that the Staff
has recommended and I think will be advertised the first
time tomorrow, I have a copy of Mro Traurig's proposed
amendment to SPI�17 and I have a copy of the Planning fact
sheet which supposedly will be advertised the first hearing
tomorrow, Soo 1 would like to have the City Attorneyo if
possible� comment as well as staff if there is in fact a
conflict.
Mayor Ferre: Jack would you step six inches away from the
rnierophoneo my ears about to...
Mr. LuPt: We will have tomorrow a draft of the amendments
which Mr. Charbonnet spoke that deal with the distance and
the number of spaces issue which this Commission directed be
passed on to the Planning Advisory Board for consideration.
Mr. Traurig's suggested language deals with the definition
of activity centers and the clarification of language in the
existing code as to how to measure a distance and from which
places. It is a different type of consideration. Two
different things.
Mayor Ferre: All right, are we ready to go to the next
speaker? Will the next speaker step up please so that we
can move right along. Just hold off for a second while Mr.
Charbonnet ....
Mr. David Freedman: David Freedman, 2331 Tigertail Court.
I have resided in Coconut Grove for over thirty years and.I
share the concerns of the neighborhoods as to my neighbors,
but I have a different opinion as to the effects of the
proposed SPI-17. It appears to me that we are dealing with
an existing reality which starts at Aviation Avenue and
proceeds westward on Bayshore Drive and that reality is an
area of high intensity use. The problem is we have no
comprehensive plan to control future development in that
area. The proposal now before , I feel to be in the public
interest. It does several things. Number one, it sets up a
mandatory buffer zone on Tigertail which must either be
undeveloped landscaped area or townhouse const-ruction. No
longer would we have to worry about people nibbling into
Tigertail Avenue and invading the neighborhood. Number two,
it sets up a definite height limit for the area. As I
understand it onq could put together enough property in the
area to build buildings substantially higher than those now
in existence. And number three, to the extent that it takes
the pressure off of the bay side of Bayshore Drive for
parking, I think that's admirable. If a developer *gets a
bonus to put in parking that will serve the public, if that
keeps it off our waterfront� then I'm for it, because I
think the waterfront is for people and not for cars. Let me
go on to say that I think that this passage of SPI-17 should
be a first step. We need to protect the rest of the
neighborhood all the way up Bayshore Drive and Tigertail up
to 17th Avenue and beyond, And I think this is a good
starting point, Thank -You.
Mayor Ferre; Next,
January 24,
O;c
Mr, Pon Cold! My name is Aon Cold. 1 live at 2542 Lindolh
Avehu6 and I have owned that property for 8i;ttoen years,
Mr. Mayors Commissioner$) at the out Set I Should like to
thank the Mayor for his kind comments about my remarks on
those issues at the January 10th Commission teeting. As you
may recall My theme was "does an existing Stable
neighborhood have value?" Althougho my argument at that
time were hot persuasive enough to influence his vote or
that of the other Comffiissioher8. it was gratifying to know
that the viewpointa of residents are being acknowledged and
considered. To make OUI� position somewhat more toMpollihgo
hopefullyo not be repetitive I have attempted to evaluate
the Comraission't response to our arguments last t i it e as
reflected by comments made by Mayor Ferre and Commissioner
Carollo, In so doing I hope to be positive emphasizing some
of our points of agreement as well as underscoring our
fundamental differences. First of allt Mayor Perre cited
the zoning difficulties in Greenwich Village as a comparison
to Coconut Grove. While Greenwich Village has been compared
to our village of Coconut Grove, it is useful to point out
the differences. While each area is unique, Greenwich
Village is almost totally a reflection of the cultural
landscape. The things that man has added to land. Whereas
Coconut Grove relies heavily on its natural features such as
lust vegetation the bay and rock cropootsfor it's
distinctiveness to make it unique. Commissioner Carollo,
you sited Chicago and lauded for it's cleanliness and its
vitality. I have been to Chicago. I agree with you, but I
think there are vast differences there .. Vast differences
in urban scale. But again) we might point out that Chicago
has done a much better job preserving the bayfront or their
lakefront with Lake Shore Drive than we have. And another
comparison Mr. Mayor, you like in South Miami today to 'the
Coconut Grove of thirty years ago, suggesting the
inevitability of change. Well, none of us as home owners
would suggest that change is not inevitable, but we would
suggest the we, you have the power to control and direct
that change. That it is not inevitable. That every parcel
of land must be developed to the maximum. That there is no
divine right of developers to build to that limit except to
the extent that you as the -custodians of our land use permit
it. Mr. Mayor, you cited the example of the french company
that paid a seemingly unbelievable high price per square
foot for land in central Grove higher than land is going for
in Brickell, implying that they wouldn't have done so unless
they were confident that their development would be at least
as profitable as properties developed on Brickell. This
brings us to a very basic question. Who determines public
policy? Our elected officials or developers who have a
vision which may not be at all compatible with the best
interest of the community. I don't know of any City
ordinance, including 9500, that guarantees and individual a_
profit on his or her investment in property. We have a very
strong feeling that community values are being sacrificed in
favor of developers. It is often said to us as single
family homeowners, if you own such and such property
wouldn't you want to develop it to the maximum and make all
you could? They answer in must cases would very likely be
"yes", but that still wouldn't make it right if the best
interest of the community weren't being served and herein
lies the rub. What interest is the best interest? Againt we
applaud good development. It was pointed out at the January
10th meeting that one of our moat ardent activists Ms.
Holshouser was the godmother of Grand Bay, but quality of
construction is not the only factor. Our concern is with
the scale of development as it impinges in an existing
neighborhood. We used to have bumpe I r stickers in the
Tigertail AzsQoiation which said IICQoQnw.t Grove where
highri,5e means trees". Well, of course, we abandoned thQ4e,
— A
gl
27 JAnuary 24, 105
When I I it DOWMICOWh I itarVel the Southeast Bank 8ui Idihg and
lopMeht L
the other high vitality deve 6hat is going On there
and I think that's where it's Appropriate) but we plead once
again and this repetitive-j that the value that we have in
COOOhUt Grove foe its distinctiveness will be lost forever
it we allow this untrammeled high density d6Vel6prdeht
ehCr6aching into our neighborhood8 and destroying that which
we have dome to Coconut Grove for. Thank you Very Much,
Mayor, Ferret All right� any other Speakers? YeSo Ma'aM-
,Ms. Mary Ann Andrews: My name is Mary Ann Andrews. I live
at 1600 South tayshore Lane, Coconut Grove. I'm A real
estate Sales person. am very aware of what's happening in
development and real estate values in Coconut Grove- I
think everything has been said tonight and I think you
people probably have already made up your mind about this
ordinance and everything on the Agenda tonight, Am I right?
Mayor Ferret I can't speak for anybody else.
Ms, Andrewst But you have pretty much made up your mind4
Mayor Ferret I have made my statements into the record very
clearly when I voted last time*
Ms. Andrews: Ok. Well, then perhaps my voice has no
meaning at all. Perhaps I'm just being a fool again to get
up and speak.
Mayor Ferre: That's not true. I think you will find many
occasions that this Commission has reversed it's position.
Ms. Andrews: Then perhaps we will have a miracle tonight
where there will be some time spent in thinking this over
very carefully. This ... practically everything on this
agenda tonight has been jammed down people's throat at a
time of the year January 2nd when people are not really
aware of the long term impact of these kind of developments
and this kind of density. I have friends that are involved
in this. Monty Trainer. There is a lot of people involved
in this. Stuart Sorg, I know he has plans. I know you have
thought about the overall 'picture here and I think you have
an idea of what you want to see happen in Coconut Grove.
It's going to be very glitzy. It's going to be, I think,
very fat on office space right now and parking. I think
that five levels of parking is abominable. I think that if
you think you are ever going to provide enough parking for
fifty thousand people who come to the Grove on special
events, you are fools, because you will never be able to
provide enough parking. You think that... now the graph
showing the allowable space that can be built now as
compared to the bonus plan is no longer here. Mayor Ferre,
I think you brought up a point of how many parking spaces do. —
we have in the Grove right now and how many do we really
need. Has that really been looked at? I don't know if Mr.
Cook Yarborough- is still here, but I speak for many
citizens, not just myself. I don't live in that
neighborhood. I used to live there, but I don't live there
any more. I see Clara Harden is here. I think that the
average citizen, people like yourselves are businessmen.
May be not you, Mr. Ferre, because you are not an average
citizen. Mr. Dawkinst I don't know about yourself. Mr.
Perez is an educator. I know that he has a conscience. He
must have and a heart, because I'm sure he has .3ome
intelligence, Surely there would not be this kind of an
outrage by this many people to serve a small group of
developers and a group of money that comes, not even from
this area. This is money from Turkey and the Mid East that
wants to come in here and put it into Coconut Grove
-, because
gl
january 24,
it is the jewel of the South Florida Coast. 80, all t Want
it$ again� for the record that the people of this cowtunity
would like a little bit of time before we have this kind of
intense development and parking, Thank you.
Mayor reree: Next speaker,
UNtD8NTIFI8D SPtAKERt Mr. Mayor and CoMM185i'6nt I have
heard tonight Coconut Grove compared to New York and Chicago
and some other cities that I knowo but I also know Aspen,
Colorado very well and Aspen is a very magitt tiny jewel in
the mountains and I think Coconut Grove comes closest to
Aspen� Colorado. 1 have lived here twenty-fiVe years and I
have know Aspen for about twenty and it's very similar. I
object to a Major zoning change that will benefit the big
developers) but will ultimately destroy our old established
neighborhood in North Grove that borders this huge
development, Ifq indeed) you are our elected officials who
represent the need of the people who elected y ou, then to
truly represent us, you are going to vote "no" on this.
Thank you6
Mr. Joseph T. Calay: Joseph T. Calay, 2985 Aviation Avenue,
Mr. Mayor, my recollection is that the January 10th meeting
there were a couple of items addressed to staff that they
should respond to. Are they prepared to respond to it at
this time?
Mayor Ferre: Jack.
Mr. Luft: Sir, if you would be so kind as to recall those
by point I will respond.
Mayor Ferre: Well, that's not quite fair.
Mr. Luft: One of the questions was, are we going to require
parking spaces to be identified in the garages9 Is that
correct?
Mr. Calay: That's correct.
Mr. Luft: No, sir we are not. Parking practice as we have
discovered in Downtown. The Parking Authority can speak to
this. In Brickell ... All of the parking garages that we
are now requiring, it is best not to mark or designate
spaces for visitors or for employees or for guests, etc.
The preferred practice at this point is to leave those
spaces open and flexible. You get the most efficient use of
spaces for that in the long run. Whereas if you marked them
you tend to diminish the efficiency of that garage. We
would not recommend that they be marked or designated. The
second item you asked was, is the bonus that is received by
a developer for additional parking, will that require
additional parking? The floor area that they receive. The
answer is "Yes".
Mr. Calay: The answer is "yes" to the second question.
Mr. Luft: Yes.
Mr. Calay: And that is that when a developer provides one
hundred additional parking spaces receiving an additional
20,000 square feet, that he will then have to provide fifty
additional parking spaces based on one parking space for
each four hundred -square feet. Is that correct Mr. Luft?
Mr. Luft; Yes, sir. He must provide all required parking
for all perwitted development space, be it by base floor
area ratio or bonus.
gl 29 January 24, 1985
'I
Mayor Perre! All righto we are getting close to seven now,
Mr. Calay! All righto Mr. Mayoro I Would just like to
request that an atnendMOht be drafted by the City Attorney to
clarify that issueo so that there is no question in the
ordinance that for. each... it may be standard tit.
Mayor Ferre! I think that's a valid request, I don't think
it does any harm and we will deal with that.
Mr. calay! Mr. Mayor. I would appreciate that. In
relationship to the first item and that is the
identification of the parking for the public space. For the
public which is the basis for the granting of this
additional floor area ratio. 1 want it to be very clear on
the record that I strenuously object to not identifying
those spaces, because if those spaces are not identified,
you have no way of enforcing the ordinance which permits
these people to gain the additional floor area ratio,
because you have no way of identifying the occupants of the
building, habitually using the spaces which are the basis of
this ordinance and I therefore, strongly suggest that unless
you want this item to continue through the courts, that
there be identification on the bonus parking. So that you
can see and the city officials can see and the zoning
inspectors can see and test the fact that those spaces are
not being used by the building occupants. Thank you very
much.
Mayor Ferre: All right, next speaker.
Mr. Bob Worsham: Commissioners, thank you for the
opportunity. My name is Bob Worsham. I'm president of the
Miami Civic League. I won't repeat much that's been said.
I spent the day here with you, so I have other things to do
too. The Miami Civic League has been meeting and working
with the Coconut Grove Association and we concur with them
totally and fully in what they are requesting of you. The
concurrence runs to the point that we are speaking in our
numbers as the Miami Civic League and the people and also in
whatever backing they feel is necessary to pursue their end
result. We ask you a very careful and serious consideration
of this ordinance this evening. Thank you very much.
Mayor Ferre: Next speaker.
Ms. Norma Post: Norma Post, 2061 Tigertail Avenue. I have
a preference and then a question and a comment. First of.
all, since we seem to epitomize New York City is what we
want to have here. I'm going to... I, although I have lived
here twenty-eight years, I was born and raised in New York
City. So, I'm going to give you a little bit of the
atmosphere of the City of what we have if I remember how I
used to speak before I came to this wonderful city, because
in New York you have to speak quickly because everybody is
in a hurry.
hurry before someb You have to run across the street in a
Ody will run over you. You have to be
able to say whatever you want to say in a hurry, because
nobody Ls going to 'stand there waiting for you to gay
something, You Commission meetings will be over much more
quickly if you get people to speak like the New Yorkers,
For instance, we have in New York City when I was growing
up, we had dirty air, We had dirt
on the streetpo we bad
# 0
M
fouler air� we had excess trlarPic� the businesses had to
tnOVe out of New York City because they were overtaxed and
they finally the City went bankrupt. They had to Appeal to
the federal government so the federal government could
rescue them, This is what we want here in the City, So
let's get used to this atmosphere. Everybody is nervous in
the City, They are in litigation in the cOurtS constantly,
because there are too Many People' too Many peoblefta,, living
too close together in so Many highrigeat I PeMeMbet4 thein
when I lived there. I used t-o walk down the streets and I
looked up at the high rises to try and see the sky and the
Sun- I used to think t lived for the day when I can get out
of that Atmosphere and come to this wonderful City of Miami
and relax, 8ut, I have to get this said to you in A huery�
go I don't waste your time. I want you to also consider, if
you are going to consider a big cityj like New York CityO I
had the advantage thirty-three years ago to study in Paris.
I returned there this year. I found that in Paris they
still do not have skyscrapers on the Champs de Elyseet on
the Place de !a Concorde. They have them on the outside of
the city, They want to preserve their beautiful city. So
that's one big city in the world where they don't want to be
like the rest of the world. San Diego) California is
another one, and Seattle. I think you'll find many cities
in the world where we don't have to be like New York,
Chicago) all of these wonderful places where they're in such
a hurry and they have so much to do, and they want to make
so much more money, because they want to. make that much
money because then they want to be able to buy someplace
outside of the city where they can relax and get away from
this.
LAUGHTER AND APPLAUSE.
Ms. Post: They're talking about the parking down here in
Coconut Grove. Well, I think the problem is that the
parking should be right downtown, right there west of 27th
Avenue. You have loads of room for parking. You can build
them high rise and nobody is going to object to this. You
don't have the residential community there. That's why you
have the parking on Bayshore, because everybody wants to go
down into the center of the town with all of the activities.
I also might question you, you know, New York City is a very
exciting place. We have all kinds of art and literature and
every thing, places to go. What's the matter with downtown
Miami? It's dead! There's nothing going on there. Coconut
Grove has kept this place alive here with activities. It's
dead after 5:00 o'clock. Why don't you concentrate down
there and get all of the skyscrapers together. There's
still lots of room. You could squeeze a lot more into the
downtown City. Tell me, there's another question I'd like
to ask you. That is about this bay here. What's going to
happen? Does anybody know? I can't get any answer to
Merrill Stevens. Are the bids out on Merrill Stevens? Are
they going to have the same kind of a thing that we have
there? What's happening there? Why do we need all this
extra parking? What's planned for the bay? These questions
are not answered - I think we should know this before we
make any decisions about the highrises on Bayshore Drive.
Will somebody here tonight answer me what's going to happen
by the bay that we need so much parking? Also would you
tell me if we're going to intend to develop this City of
Coconut Grove. We want to make another New York City and
highrises, and whatever, why are we doing it piece meal? T
proposed to you the last time I was here why shouldn't we do
this all together. Let us all take advantage of -it and get
411 the money. Then, when we have enough money, we can get
out, like New York City and run someplace else and buy the
acreaget Now we can't afford the acreage., We can't get
enough money for our properties so that we could buy that
aoreage and get away from that wonderful city. I hope that
everybody will enjoy living and talking like this, because
that'a the way it has to be in'New York,
'51 31 January 24, 1985
APPLAU8t.
Mayor Ferret Are there any othel- speakers?
UNIb8NTIFIED 8PEAK8P! I don't think I Can take AS eloquent
a presentation, I have to 916W down Anyhow- The SPI-17 is
nocegsaey to allow the proposed congtruCtioh On An Area of
Aviation Avenue to go ahead and without it� it Could not go,
Without it the zoning would remain the Same. It is my
proposal that there be a moratorium on zoning) a moratorium
on 8PI"11, and listen to what people are trying to tell you.
What does it take to tell you what the people wanto the
people that live in the neighborhood, the people that are
more concerned with the area than perhaps people who live
elsewhere. I'M hot very well expressing myself) but that's
part of my feelings and I thank you.
Mayor Ferret I think you expressed them very well. Are
there any O�her speakers. All right) 1 would imagine that's
been about an hour and a half cumulatively. I think we
certainly have given everybody an. opportunity to expound
Amply. Mr. Traurig, or any other members on the pro side,
do you want some rebuttal time? I would appreciate it if
you don't take an hour and a half.
Mr. Robert H. Traurig: Two minutes, Mr. Mayor, the
principle addressed to you by the opposition to the
ordinance was by Ms6 Cohen. She addressed you on the
procedure on the legal and substantive issues. I would like
you to know that the letters which we have previously given
to you, the two letters by Mr. Gold to the City Attorney,
and a letter by Mr. Bermello, all have dealt with those
issues and I think satisfactorily. You have them in front
of you and I think they answer every question that she has
asked in connection with all three categories. There were
some suggestions that there were relationships to the South
Bayshore study and the Dinner Key Master Plan. I would tell
you that the South Bayshore study has been adopted in
principle by this board and that the Dinner Key Master Plan
was mentioned really for only two purposes. One, the
factual assertion in the plan as to the parking shortage and
I do think that it might' be in the best interest of the
Commission to address the Planning Department and have a
specific analysis of that. Number two, the reference to the
defined Dinner Key activities, which are the points from
which the radii are measured. So we urge you to adopt the
ordinance. We think that if you have any question
whatsoever with regard to whether or not there is in fact a
shortage of parking, that should be addressed. With the
suggested change that we have submitted to you, we urge that
you adopt the ordinance as submitted to you by staff.
Mayor Ferre: After two hours of deliberation, I hope that,
we're talked out, and I will entertain a motion at this
point, to close the public hearing.
Mr. Plummer; So move.
Mr. Carollo: Second,
Mayor Ferre; Before we vote, Mrs. Cohen.
Mrs, Cohen: I Just want to respectfully disagree with the
opinions presented by Mr. Traurig and his firm on the issues
raised,
Mayor Ferre; Of course, all right, are we ready to vote?
Call thi� roll on the closing of the public hearing portion.
January 240
T419AEUPON MOTION bULY MADE AND 88=4=o THE
PU8LIC HEARtNC PbPTION OP TH18 ITEM WAS CLO82b.
Mayor F(irre., Now the Cotmis6iont quegtionto first of all�
b0fore we gi�t, into cothMentS& I have a question- Mr. Lufto
OMLh of the key things that keeps popping out for the last
two hourS9 the last time we Met on this January 10th) dealt
With PiArking6 It there a heed for more Parking in Coconut
OroVe? How much parking is there a heed oP? What do you
base your opinions onl� How did you dome to this Conclusion?
Why are you reoornmeodihg this solution!
Mr. Luft: As the Commission knows, it approved in principle
this past Decembert the Dinner Key Master Plan� which
provided you complete documentation as to the present
parking need.
Mayor Ferr4-e: Me. Luttt againt I'm not asking you to take a
statement, I just want you to answer, questions. VII go
through them again. Is there a heed for more parking?
Mr. Luftt. Yes) there ist sir.
Mayor Ferre: How much parking do we need in your opinion or
the department's opinion at this present time?
Mr. Luft: As a minimum to serve the public needs, 650
spaces by the year 1990.
Mayor Ferre: What do you base that conclusion on? Is it
intuition? Is it studied? Did you make a study?
Mr. Luft: Committed and contractually obligated growth in
Dinner Key that will generate additional parking needs in
excess of parking already existing.
Mayor Ferre: Where does the Merrill Stevens RFP stand
today?
Mr. Luft: It is under preparation.
Mayor Ferre: When will it be ready for bid? A month, six
months?
Mr. Rosencrantz: It shouldn't be more than two months at
the very most, Mayor.
Mayor Ferre: Two months for the document to be ready, so
the bid will be before the end of the year?
Mr. Rosencrantz: Yes.
Mayor Ferre: You are following, we had a long and heated —
public hearing. Many of you were here. There were specific
recommendations, We came to a conclusion. There was a
long, long, long, typical Coconut Grove process. We came to
a conclusion. Are you going to vary from the conclusion?
Mr. Luft: As adopted by this Commission, no, sir.
Mayor Ferre: Is the record clear as to what this
Commission ....
Mr. Luft: Yest sirt it is,
Mayor Ferre; Is the record available to Mrs. Post and to
other members?
Mr. Luft; Ye5, sir, it is.
Mayor Ferro: Of this Cbtibuhityj so there shouldn't be Muoh
question; all they have Itd do is read the final Ordinand6o
as passed, With regard to parkirigo getting back to the
parking issue) I understand that the issue of parking and
the trade off and additional bonus is sothething that yout
the department ) came up with, Did y6U Colte to this
conclusion on Your OW0
Mr. LuPtt Yeso air,
Mayor Perrel. This is On the record nowg there Was nobody
other than your own deliberations came to that conclusion,
Mr. Luft., When this Commission, as per, cititen8 comments
and requests at the Dinner Key hearing, this Commission
excluded parking garages as originally recommended and
directed that the Dinner Key Matter Plan would not indlude
parking garageS- This department concluded that the need
still remained and that other mechanisms must be found to
provide it,
Mayor Ferre., Mr. Luft, did you meet with� did you) the
department, meet with the neighborhood groups, including the
Tigertail Association and others?
Mr. Luft: Yes, sir, we had advertised meetings.
Mayor Ferre: How many times? Once?
Mr. Luft: We met once to prepare basic information to
present to them as to the state of conditions on Bayshore,
that was at Peacock Park. We had a second meeting, to
present a summary of findings and preliminary
recommendations. We then met with the Tigertail A-ssociation
Board in their home.
Mayor Ferre: How many times, Mr. Luft?
Mr. Luft: We have met four times with the general public
and specific civic organizations.
Mayor Ferre: Did you deny anybody an opportunity to discuss
or was anybody cut off at any time?
Mr. Luft: No, sir.
Mayor Ferre: Was information denied anybody?
Mr. Luft: We not only provided them with copies of all
report findings, we presented them with forms in which we
solicited their written responses to our alternative
recommendations. We passed out in excess of one hundred
forms. We received one.
Mayor Ferre: Mr. Luft, , not you, but Mr. Rodriguez, on at
least two and ma.y be three occasions came to see me. You
had in one occasion met with the community before, and made
some basic commitments on change. Mr. Medina, who it has
been known all along, was planning this building, started
out with a building almost twice the size. of what is being
proposed now. As I remember the height was close to thirty
stories, 1 forget whether it was twentywaeven, and the other
one was twenty-two. He had a hundred or some apartments in
one of those towers, You, the department, without any
,discussion -with members of the Commission or anybody that I
know of, met with the Tigertail Association, changed your
position, or came up with a position; you established a
position. Mr, Medina, you met with him subsequently to
explain it to him, He was all upset since it meant a major
change in his building. Finallyv after a few days of
51 34 January 24, 19,85
.A
a
deliberatiohal it was my understanding that Mr- Medina had
accepted these dhanget, 'I's that basidallY dorrt0t?
MIA. Rodriguel! We didn't change our position -
Mayor Ferre! You came up with a position after you went to
the Tigertail meeting, then you took a position; y6u
informed Mr. Medina after you met with ....
Mr. Rodriguet! Ye6o Sir.
Mayor Ferre: You didntt discuss it with Medina, You told
him of your Position.
Mr, Rodriguez: We told him what we were taking as a
position.
Mayor Ferre: He came in all upset. You spent a week
calming him down and all that and he finally changed his
position. After he did that...I want you to listen to this
very carefullyt because I want to put this in the record,
after you did that, you went back and met with the Tigertail
Association another time. Once again� without discussing it
with anybody previouslyo including some of the property
owners or members of the Commission, you made further
concessions. Mr. Medina was told subsequent to that meeting
with Tigertai16 He got all upsett called you up again, and
you had to go through the process again. At this last go
around, he was very reluctant to change, because it meant
substantial changes in his plan, including the giving up the
residential portion of it and subsequent significant changes
of one sort or another. He then, as I recall, and you and
I talked, he told me what your position was. You said that
was firm; you were not going to change your position, and
that was the end of it from a professional point of view.
You were very upset, not very, you were relatively upset
that Mr. Medina did not understand that you had to come to a
conclusion as a professional. You talked to Mr. Medina a
couple of times. He came back, as I understand it and
finally agreed to the things that you had as a professional
concluded. At that point, it was my understanding, that the
Tigertail Association and, the neighbors were going to be
satisfied. As I recall, in my discussion with you, when you
came to tell me I asked you specifically, I said, "Sergio,
you've gone a long way and this project has changed
substantially. Do you feel that beside doing a professional
job, that you've satisfied the neighborhood?" As I recall,
you told me at that time that you thought that there had
been some major changes and major concessions granted and
that you thought that this was going to be acceptable to the
neighborhood. Is that correct?
Mr. Rodriguez: Yes, let me clarify that ....
Mayor Ferre: Please do.
Mr. Rodriguez: ....I couldn't of course, guarantee it, but
I thought that because of the position that we took, which
we felt was very strong and firm about keeping the sector 6
in the base, that the citizens from the area would be,. I
thought, agreeable to that position.
Mayor Ferre; I'm not in any way alleging that anybody dealt
in bad faith, because I don't believe that's the case. But
certainly at each concession point, there was a feeling on
your point that yQu had done what the neighborhood wanted
and that they would be satisfied. You were wrong twice. It
is evident that you were also wrong the third 'time as can
bee seen by the two hours that we've gone through now. I'm
not saying this in criticism, 1`m just putting it on th e,
record,
January 1985
90 8 �1'
Mr- PbdrigUeZ! I fell that because the applidaht was
proposing a sector 8) which Was double the intensity of what
was there beforet and because the Planning Deparltffidht had
taken a tim position Of keeping the Sector 6 As a basef and
because We were following the directions of the Commission
that we should consider a zoning bonus for parking) that we
had what we believed was the best possible Position,
Mayor Ferre! Waito waitt woal That contradicts what Luft
said. YOU Say that the City Commission told you. You tell
me whoo when and where in what record, who told you that
there was going to be a planning bonus to be granted?
Mr. Lutt: Not sirt it I could correct the directort it held
be so kind as to permit me, The motion that was passed by
this Commission on Dinner Key was in the wake of removal of
the parking garage to direct the Planning Department.,.,
Mayor 5erret That's correct.
Mr. Luft: ....to study the issue and recommend to this
Commission a mechanism for providing parking through
possible private cooperation.
Mayor Ferre: Mr. Luft, at any time did this Commission at
any time on the record ever give you, the Department, an
order as to how to solve the parking problem? Or did any
member of this Commission directly or indirectly in writing,
in person) through messages, or verbally ever indicate to
you*that this was a solution t'hat was needed and that you
should proceed in that way?
Mr. Luft: No, Sir.
Mayor Ferre: So you came that conclusion totally on your
own.
Mr. Luft: Yes, sir.
Mayor Ferre: On the record. Excuse me for stopping you,
but that was a contradiction and I wanted to make sure we
understood each other.
Mr. Rodriguez: What I meant by this is that you asked us as
part of the motion to consider the possibility of zoning
bonuses.
Mayor Ferre: You show me on the record where that was
because I don't remember that this Commission ever voted to
ask that be done. Did we? Sergio, wait a moment, after you
brought it up in the plan, we adopted your recommendation
and passed it . Oh, yes, that's different. That I s a very
different thing. But that was your recommendation which we
adopted and passed. We were not the originators of that,
Mr. Luft; The plan specifically stated even before the issue
of the removal of the garages that the City would be well
advised to consider approaches for utilization of private
parking garages on the north side to more efficiently
contribute to the parking need and to eliminate the pressure
on Dinner Key for further public parking.
Mayor Ferre; Mr. Rodriguez, this is the last question I
have, so 1 want to put all these things into the record,
Mr. Rodriguez, when first you advised me of what your
conclusions were and staff, and you then advised me Mr.
Medina was very upset. You told me that was yQur
profeo5iQnal position and that you wQuld nQt vary from that..
January 24# 1985
eii
Mr, Rodrigudz! Yes) 8ir'-
Mayor Perre', Then ther6 was a second series and we went
thr,6Ugh that. 8=6 thing Again, You again advised me you had
taken a professional position and that you didn't dare what
MP4 Medihft W4 Anybody else felto that was your Profe8tioM91
position. Now the neighbor's have come up with a Series of
differences. The position that is before us how, is this
your pPofeSSi6hAl position?
Mr. Rodriguett Yego 8ir.
Mayor, Ferre: And you stand by it!
Mr. Rodriguez: Yes, Sir.
Mayor Ferre! 1 have no further- questionse
Mr. Rodriguez: it I may read Prom the recordo though,
Motion 84-1187 in relation to the Dinner Key Master- Plan,
Mayor Verre: In relation to the Dinner Key Master Plan?
Mr. Rodriguez: Right.
Mayor Ferre: The Dinner Key Master Plan had been presented!
Mr. Rodriguez: Yes, sir, it was approved in principle on
October 19, 1984. In relation to that Dinner Key Master
Plan, there was a motion passed authorizing and directing
the City administration to conduct a study through the
Planning Department on the feasibility of assistingt which
would award zoning bonuses for the development of private
and public parking on any future buildings or even in
existing buildings which would allow such combined use to
accommodate excess public parking in the Dinner Key area.
Mayor Ferre: Thank you, that was in motion ... I remember
that. That was in October and there was a motion made by
Mr. Plummer.'
Mr. Plummer: That's correct.
Mr. Rodriguez: Yes, sir.
Mr. Plummer: That was immediately following my motion that
said that there would be no parking structures between South
Bayshore Drive and the water.
Mayor Ferre: O.K., the record is clear. Thank you for
clarifying that. Are there any other questions?
Mr. Dawkins: I have a question, the bonus is to be given
for the provision of parking. Is that correct? For public -',-
parking.
Mr. Luft: For parking accessible by the public in excess of
required needs.
Mr. Dawkins: Hold it now, I want the wording to be
specific. Are we going to provide public parking for the
public or are we going to give them the right to provide
parking accessible to the public? There is a , diff erence in
my mind now. In my mind, public parking will be that public
only and to be used by the public, Parking accessible to
the public will be parking that the public can use only when
it's accessible. That's my interpretation. If I I m
tncqrrect� straighten me out, please.
January 24, v,985
Mrs Luf t I Public parking, accessible by the publicj it
would be owned privately. Parking is built and owned by the
private dev8loPero it would be accessible during all normal
hours of public functions and activities in Dinner key by
the Public, The parking spaces would not be designated for
sole public use only.
Mr. Dawkihst Then what's the advantage of giving the bonus?
Mrs Plummer: The additional parking.
Mr. Luft: Because the parking is in excess of the needs
required by the developer,
Mr. Dawkins: Why do you want excess parking in needs of
what the developer needs?
Mr. Luft: Because the parking would be used for the public.
Mr. Dawkinst So now, if it�s going to be used for the
publico then it's the public's parking4
Mr. Luft: Yeso sir.
Mr. Dawkinsb. If it's not the public's parking, it's private
parking.
Mr. Luft: Privat.e parking exists today.
Mr. Dawkins: But it's not enough private parkingo is that
correct?
Mr. Luft: It is private. It cannot be accessed or used by
the public. It is closed.
Mr. Dawkins: So we are going to give the builder a bonus to
provide public parking. Is that correct?
Mr. Luft: Yes, sir.
Mr. Dawkins: So then we're not giving him a bonus to
provide parking accessible -to the public. Am I right?
Mr. Luft: Yes, we are.
Mr. Dawkins: No, I tell you what, we won't.
Mr. Luft: We are providing a bonus.
Mr. Dawkins: No, no, we are going to provide public
parking, and it must be set aside and identified as public
parking and public parking only. We I re not going to sit
here and play games with the public. If you are going to
tell a developer that he must provide 50 parking spaces for
being allowed to build X amount of building, then you are
going to take those 50 parking spaces and mark them public
parking, and that's it. Otherwise, Mr. Luft, and if Ilm,in
error, with your professionalism, you show me where I'm in
error. But you can't tell me that I'm going to allow a
builder a bonus of 50 parking spaces that are supposed to be
to alleviate the need that we have for public parking and
tell me it's only accessible to him when the private owner
wants to use it. Let's get this together before 1vQte on
this.
Mr. Luft: I want to make it clear to the Commission that if
you were to require those excess spaces to be marked for
public use only, we would have to devise a way to determine
if the oar in that space was put there by a driver who ia
not in the building, With all good conscience, I cannot
Janvary :24 1985
suggest to you that we would be able to deterthin6 it AMY Car
in that Space had a df4lVer that Was in the building or but
OP the building,
Mr, Dawkins'. ta there Such a thing as a.. what Will this
be? A parking lbtt a parking gaeaget or parking What?
Mr, LUft: Parking atrUdtUre6
Mr. bawkinst A parking structuret is there A law Which Says
that the first two floors can only be used by the public and
that there is only an entrance to those two floors by the
public, then you have atother entrance that goes UP to the
third floor that goes up to the other people?
Mr. Luft: Not there is no law that says that.
Mr. Dawkins., So all I'm saying is there is a methodo there
is a means and a method of securing these parking for public
only. if you do the way you're telling me is that first
comet first served� and we're not going to put a policeman
there to say) well, you don't work here, so that's private
and what have you, But there is a wayt nowo Mr. Lufto for
us to identify these spots for the public and leave them for
the public.
Mr. Luft: I want you to be aware that you can separate the
entrances, and you can say that if you drive through this
entrance, you must be public and you cannot be going into
this building. Then you must follow that car in and then
you must determine that driver has left the building. It's
not enough to say that's the only entrance. You . are
suggesting that we have to. . - that is enough to rely on the
good faith of the driver that he will only enter the proper
entrance. I'm saying that I don't want to present to this
Commission or to the public a response to you that can be
done, because I don't think it can be. What we're trying to
say, Sir, if I may, is that this parking would not be for
residential uses. It would be for non-residential uses. As
you are aware, the primary parking need, as evidenced by the
Dinner Key study is during non -working hours during those
periods on week -ends and evening. That's why the time -
constraints are put in there, so that they don't close this
garage. In this way, we can assure that there will be
spaces available for the public because that's the way they
are used. To put the limitation in there that only the
public can use it, would be to invite the users of that
office building to violate the law and to put the City in
the position of the inability to enforce it. While that may
sound good, I think it is a very difficult task that I would
not want to recommend.
Mr. Dawkins: I hear you and I can understand what you're --
saying by not being able to identify it, but somewhere along
the lines, I do not hear spelled out clearly and
specifically thai this individual is going to build X amount
of space and for X to the X power -whatever the power is- a
parking space will be provided to that number to the power,
for the public, Because what you're telling me is that the
building can only be built and as long as the individualt
and what I hear, as long as the individual made these spots
that we require available after hours, then he's made public
property available. I just don't buy that.
Mr. Plummer: Let me speak to that. First of all I think it.
has to be considered and I'm using hypothetical numbers.
Because I don't even know the m4mbers involved with anyone
of the particular projects, My good friend, Miller#
hypotheticallyl a building has to provide by QQdo 1,00
Parking spaces, Let`s use that as a hypothetical case, ,
39 January 24, 1985-
Mr. Dawkins! �ight-
Mr. Plummer,. NOW� he can build his buildingj receive no
bonuteto and he's got 100 parking spaces and absolutely none
available to the public. Under the bonus dyat6m) he builds
in excess of the hundred available to the private and to the
public and he builds 150 parking spaces- V161vo got 50 More
parking spaces available as if he didn't use the bonus. I
think that the need in Coconut Grove* and I think most
people have spoken to that this evening) is primarily on
week -ends when these big� special events occur) which
primarily an office building is not in use on week -ends, I
would have a problem if you designated one entrance toe the
public and another for the building) where in reverset you
could not use it all for public on the we6k-ends or when it
is needed. 1 think it really bolls down to this. You don't
want to give bonuses. You're going to get 100 parking
spaces under my hypothetical case for that building and
absolutely nothing available to help alleviate the problem
that eXistse Or, you consider the bonuses$ make 50 spaces
more available under my hypothetical caset to the public and
on week -ends) possibly the 150 spaces available. As I see
itt that is the choice as far as the bonus system is
concerned. You give a man incentive; in return, he
provides.
Mr. Dawkins: I hear you, Commissioner Plummer, and I agree
with what you're saying. But I want it spelled out for the
public and for me that we're talking in terms of giving a
bonus and the individual will build 50 extra spots and they
will be included in all of the spots. Don't lead me to
believe and have all these people thinking that oh yes, we
let him put up an extra so many square feet, therefore, X
number of public parking spaces are made. There are no
public parking spaces made. It will be 50 additional places
for parking, which can be used for the public after hours.
I mean I have no problems with that, but I want it spelled
out now so that later on, when people approach me, I mean
they can't say, you all promised me 50 parking spaces for
the public and I don't see them. That's all I'm saying.
Mayor Ferre: Let me just add one brief paragraph to this.
The telephone systemg what is that called? What is that new
telephone system called, J.L.? In the automobiles?
Celular, in this new system coming up on portable telephones
and even in the ones that are in existence todayt they've
got, for example, an existing system, they have 20 lines.
The question is how can they put 600 customers on 20 lines?
The more lines they have, the probability increases of a
spot available. It's a geometric increase. When you have a
thousand parking spaces and you only need 600 under the
requirement of the code, if you have a thousand available,,
under most circumstances the probability of finding a
parking space increases geometrically as you go over the
basic need. I -mean that's just pure, simple mathematics.
The only time when it becomes a problem, which is what Jack
is addressing and what J.L. was addressing, is when you have
a special need. True, Mr. Andrews was saying that an idiot
would realize that we'll never be able to provide enough
parking space for a special event when 50,000 people come
down to Coconut Grovet That's true, but those are the peaks
and valleys and the mathematical proportion that may be
reached once or twice a year, But I there are a vast number
of times when there are activities Saturday night or at
Peacock Park or going on at Monty Trainers or what may be
happening at other parts of Coconut Grove where a thousand
parking apacea becomes a major relief to that area. Tho4e
are the times that we're trying to deal with, We can't deal
with the times when there are 40Q,000 people at the Art
.91 40 January 24V 1985
Pestival in Codonut Grove, ObvibUSlyl there's never going
to be enough parking for that. That's hot 'What we're
dealing with. We're dealing with other tithes, I think We
are at the question and by the way there is food. We I ve
been here all day since 5:00 o1clockt so those of you who
want to get a sandwich, Peel free to go ahead and do it.
Mr, Dawkinst Mr. Mayor� I have no problems With everything
that has been said, I too realize that we need parkitigo and
I am in favor of the bonus) because I would rather see a
parking facility built that is useful and has tome spade in
ito than that catastrophe that we have down there at the
Hyatt center. You can't turn a corner) you have to back up,
I would rather you plan a parking structure that people dan
utilize. gut I just don't want the stigma of public parking
when itts not public parking, thatts all,
Mayor Ferre: We're in the question period. Are there any
further questions? Are we ready for statements thenl
Mr. Dawkins: 1 want to make a statement to the lady there
with the white clothes.
Mayor Ferre: Ms. Andrews.
Mr. Dawkins: Ms. Andrews, I'm one of the few who can sit
here and tell you that I've watched a neighborhood
destroyed. When I first came into Miami they came into the
Overtown area with urban renewal and everyone had to move
out to the suburb, I mean out to Allapattah. Then they got
the bright idea to put 1-95 in there. Move individuals had
to move out. So I'm in complete sympathy with what's going
on. That's why earlier today I asked why is it that
individuals who have worked their lives and paid for a home
now must pull up and move out and they're not given the
value of their homes and they have to assume a mortgage. I
could not move from where I am. I owe $4, 000 on my house
and my mortgage is 5 1/4. 'But if I had to move, it would
take three times what I built my house for; and they're
going to give me 1/3 of it and I would have to assume that
mortgage, so therefore I sympathize. This problem -is
brought on by your neighbors. If your neighbor had not sold
the property to the individual who came in here, then that
individual would not be asking me for variances to put more
on the land than he wanted.
Mayor Ferre: If there was no demand, then there wouldn't be
any need.
Mr. Dawkins: Don't feel mad with me, the Commissioner. Get
your neighbor who sold the land.
Mayor Ferre: See, the question is, Commissioner, I felt
kind of bad for Mr. Batome until we found out that the piece�*_
of property next to him is being offered for a million
three. I guarantee that Mr. Batome if he were to 'sell his
property, and he's sitting right here, for half of that,
held be a happy man. Wouldn't he? I'm sure he can find
other suitable arrangements in the neighborhood that would
make him very happy. I don't feel too bad for Mr. Batome,
Itis called supply and demand, and we're going to get into
that in a moment. But J*L., while you were off, I asked if
there were any other questions. We're now into statements.
I hope we can come to a vote pretty soon.
Mr. Plummer; Mr. Mayor, the only statement, it doesn't
pertain to this particular number, I am concerned in feeling
the fairness of equityp Mr, Kavanaugh has a legitimate
pQssible problem and it should be addressed, I will do
thato airs. under the Proper number. It is not number
'51 41 January ;40
9V 51
Mayor Ferret I will eec6ghi2e you at that time,
Mr, Ca ro I lo'. Jackq approximately how much ta)tes is that
property paying how, approximately�
Mr. Luft! I honestly don1t know what the assessed value of
the land is. It's certainly not as high as what it sold
for. It's probably quite low -
Mr. Carollob My next question would be how many times over
whatever th� assessed value 18) maybe the owners can tell us
or Mr. Traurig can tell us) how many times over do You think
this is going to be multiplied in taxes,
Mr. Luft! it would have to be twenty or thirty times,
Mr. Carollo: That's sounds like a very important point,
that we're overlooking in all this. There is no land left
in the City of Miami for any more buildings. The only way
that you could go up, what I'm trying to say, the only way
you can grow is by going up. We are living in times that
the majority of us, I think, agree that locallyt state� and
nationally that we don't want to be taxed anymore by
government� whether it is local, state, or national
government, Therefore, we have to find local solutions to
our tax problems. The only way that the City of Miami can
increase substantially its tax base is by more growth. it
has to be controlled, but by more growth. Frankly there is
another way. That is to come up with new ideas fot- property
that the City might own to have restaurants, what have you,
marinas, that do bring additional revenues to the City of
Miami. We talk about Miami being a major city, an
international city, and it is. You go to other major cities
in the United States; that's when you really find our how
young Miami really is. You go to just about any major city
in the country, and they'll,look at discussions like this,
and public hearings like this and they wouldn't believe it.
I'm not trying to say that we all are right in being
concerned, but most major cities around the country, 16, 159
18 story building, whatever it is, is no concern. What I'm
trying to say is that the'City of Miami needs growth. The
only way that we're going to be able to pay for the service
of the protection of life and property in the City is going
to be by growth. I'm not one of those who believes that no,
you have to do it all the way around; just raise the taxes,
raise the taxes, raise the garbage fee, and go through that
solution for it. On the contrary, I think that we have
constructive growth in the City. There will be a time and
not too far off that instead of raising taxes, instead of
raising garbage fees, you could lower taxes and lower
garbage fees if not do away with them completely. But you
have to have a balance somewhere. While you have to protect.. —
a very distinct, special area like Coconut Grove, you have
to have a balance in how you go about it. I'm sure that the
Indians that we -re in this area didn't want any change
either. If they would have had their way, you know that the
White men would have still been in the thirteen original
colonies. But nothing in life stays the same. What we have
to do is f ind a balance. If you think that this whole
complete area of South Bayshore Drive is going to stay the
same even five years from nowl ten years from now. "here is
no way because five, ten years from now the City of Miami
instead of having a population of 400,000, is probably going
to be a half a million, maybe more. You have to find room
for those people, You have to find the monies to pay for
the needs those people are going to require of government.
The sole reason why we exist, the protection of life and
property, To me what is being proposed here,, it's been
scaled down tremendously from what they had originally� I
January Z40 �1,983
think to te that is a balance of being rea8bnable. It you
go down South gay8hdee brive building by building) t frankly
can 1 16 find Anything there that can take you maybe tore
outraged as to what is proposed here, What is the
difference OP all the other buildings that you have up
already! is there that much of a difference between halt a
block from the Coconut Grove Hotel to what they are
Proposing therLO I don't think So. I mean I gUO-88 the
bottom line OP what I'm saying is that I could understand it
this were the first building going up and we're fighting not
to have a single tall 9 large building in South gaysh6re
Driveo but that's riot the cage, We have other buildings
that are just AS large as this one being proposed, Frankly,
I think that some of these buildings have been very positive
for this aeeat not only for the tax Structure of the City to
make it more Sound, The Grand Bay Hotelq what that has
brought to the City is just unreal. it's been just what Ted
Gould place was to downtown Miami, I think this is where we
have to draw the line, Yest we have to protect the
residential areas of the Grovef but Miami is going to change
whether we like it or not. Whether it's this Commissioner
or the next Commissioner% or the one after, it's going to
change. So) if it is going to change, let's try to at least
have an impact into making it change in the best possible
more balanced way that we can. I assure you five years from
now, whatever Commissioner sitting here, they'll approve
even more than is being proposed now after the cut off$
because Miami will be changing and the City will be
requiring not only the additional office space and
additional apartments for people to move into, but it will
be requiring the additional tax base that we need and we're
deriving from these buildings.
Mr. Plummer: Mr. Mayor, my statement is simple. I think
all the arguing has been done about the parking. There are
differences of opinion. You have to provide parking
somewhere. There's no question about it. I took a very
strong stand. I didn't ask,it to be popular, but the stand
was that there was to be no' parking between Bayshore Drive
and the water, which means it had to go somewhere. So, as
far as the parking, I have no qualms in my mind that it is
definitely a bonus. It is something that is worth while.
It is something that will benefit the Grove. Let me talk to
another subject. I just spoke with the Department, because
most of the comments that I heard here this evening were
comments predicated on heights. The woman spoke of the very
tall structures, one spoke of putting a downtown; one spoke
of doing this. I think the woman who spoke from New York, I
don't know what the hell she spoke about, but anyhow, I
think we have to understand that what they can do today
without any change whatsoever, what is that developer
entitled to predicated on existing zoning that's there? He
can go more than 22 floors based on what is there. There is
no height limit. It is on the light plane, the square —
footage of the property and things of that nature. It would
seem like to me that some people would be grateful that this
does in fact impose a cap. You might not agree with that
cap, but if you don't agree with it 9 you should have
disagreed with it prior to today, because what's existing he
can go higher than that. I think that this is beneficial,
it has established a cap of a maximum height. it
establishes a bonus System for parking, which is sorely
needed, I just personally think that it is to the benefit
of this area -that this matter be passed.
Mayor Ferre; Further statements?
Mr, Perez; Mr. Mayor, I don't
to add, but I think that one of
tho City and the beach this time
.91 43
think that we have too much
the main difference Oetween
is the leadership that the
J U
an; ary
r 0
City of Miami has tAken thinking of the Puture of this
d6thMu h It y. I'm very proud of the toning eYP69ure Of this
community for the last ten or fifteen years, I think that
the change that we're- going at this time would represent a
lot in the future Of this community, 1 don't have any doubt
to SUPPbrt a gA i h As I move in the first re�ading this
project, I think this is an a8get to this community and I
don't have any inconvenience to move again,
Mayor Perre! All rightt I Will retbghi2e You in a Moment,
In my statement I want to r ek ad the following Herald
8ditbrial, which I don't usually dot but this is October
31st - it is called "Dinner Key Tradeotts", and I want to
Put it into the record and I Will read portions of it.
"Salancing the public's interest with that of a
private developer eager to make a buck is not an
easy trick, COtonut Grove residents thus have a
legitimate reason to Worry as the politically
unpredictable Miami City Commission considered a
master plan for, development of the Grove
waterfront area that surrounds Dinner Key. Given
the many variables and prior legal obligations,
the Commission's options were limited6 Grove
residents and South Floridians determined to
preserve the Grove's unique qualities should be
satisfied. Their plan preserves their interest
relatively well) provided that the City Commission
insists on some concessions from prospective
developers on both sides of South Bayshore Drive.
The City is legally bound to provide additional
parking for Monty Trainer's proposed festive
retail centers. One aspect that makes the
approval plan attractive is if it could meet Mr.
Trainer's required parking needs without paving
over existing green areas near the waterfront.
Commissioners suggest offering zoning bonuses to
developers who provide public parking in their
private projects near' Dinner Key. Make no
mistakes about it, this opens the way for
developer Manuel Medina to obtain a zoning
variance that he needs to build a massive office,
condominium and townhouse complex across Bayshore
Drive from Dinner Key. Still, Mr. Medina already
has the zoning needed to build his office towers,
so a tradeoff permits Monty Trainer's customers to
park in his building and he receives variances to
add townhomes, condominiums to his project would
be acceptable, particularly if Mr. Medina provides
political and financial assistance so that the
City might be able to buy the Naval Reserve Center
site from the Federal Government. The public
would benefit substantially if this site, one of
the Groves few remaining large tracts, could
remain in the public property, otherwise it will
be sold and densely developed. Mr. Medina owns
the land on -both side of the Naval Reserve Center,
The green area between his proposed building would
enhance the value of �'s property. One last
caveat - the approved pl,.n calls for developers to
bid on a full service marina on the site where the
Merrill Steven's boat yard now stands, This is a
mistake. The City should insist that a full
service boat yardt as differential from a marina,
remain there. It -needs to maintain Dinner Key's
character and to serve a large boating community.
Other than that, the Dinner Key Development Plan
is sound, To make it completep the City should
require that Mr. Medina keep his pledge to help In
the public acquisition of the Naval Reserve Center
41
44
January 24, 1985
0 0
and it should insist that a full service boat yard
be a part of any proposal on the Merrill Steven
site - 11
4.
I would like to point outt that since October �18tt you haVe
heard no other word f eora the Miami Herald's editorial
sedtion, Yet) on Sunday they had an article written by Beth
Dunlap. Beth Dunlap is an extremely astute and t think
quite capable architectural and urban dritit and I think she
is very right in some of the things - and on the record I
would like to say I think that her observations about the
glass mirror aspects of the proposed design is torreott but
that is an architectural consideration, and I think Mr,
Sermollo) 1 don't know whether he is still here yet, quite
ably answered that he had only had short time and that this
did not fix the architectural considerations and I would
hope both he and the owner would spend some time in pursuing
what Mr. Bermello already admitted to Beth Dunlap) and I
think it was a wise observation on her parto and a wise
concession on Mr. Bermello's part. Secondly) Beth Dunlap
talks about the massiveness of the parking garage. Wellf
that certainly is not Mr. Medina's fault. That is something
that the circumstances of the Dinner Key Master Plan and the
process of trying to get more parking) has brought us to. I
would also like to recommend to you, Mr. Bermello, and to
Mr. Medina that you consider doing what is being done in
downtown in the Bayside Project that is designed by Ben
Thompson of Boston for the Rouse Companyt and that is, at
the Rouse Company's insistence - they insisted that instead
of a straight up and down wall for a parking garage, that
there be some andulation so that there can be green spaces
or trees or something and that perhaps it be offset so that
not all of the parking floors be exactly the same, even at
the variance of one foot or the other - maybe two feet, or
five feet or whatever, so that it has some character as it
goes up to the forty or fifty foot height, which is not as
much as the ninety foot height that downtown parking garage
is going to have. Nevertheiess, I think it is a valid
observation of Beth Dunlap, and I would commend to you that
you carefully consider some kind of a andulation ther ' e.
Now, some few comments on.some remarks that were made to us
at the presentations. Aspen, yes - Aspen is a beautiful
city, and I have been to Aspen. It is totally different
from Miami. Aspen is a small community on a mountain that
used to be an abandoned - it was an abandoned mining town.
It is not a major center of international trade ' and
commerce. It does not have a major airport. 25tOOOt000
people do not fly through Aspen as people fly through Miami.
It is not a seaport where 2,000,000 ... Aspen is what it is.
It is a small little town. It is a ski resort. That was
the past of Miami, but Miami is no longer just a resort
town. Chicago - yes, Chicago did a great job, Mr. Cole, in
their waterfront. Do you know how great a Job they did?. --
They built right up to the lake. Then you know what they
had to do? They had to go fill the lake, that is how
Chicago got itt beautiful park waterfront. It wasn't
because they planned it that way - it was because they built
everything they could - and I mean monster buildings right
to the water's edge, and then when they did that, they went
out and they filled the lake. Most of that waterfront from
beyond the Field Museum and from the anthropological museum
all the way to the art museum and beyond that, the river is
all filled land, and if you go beyond the bridge on the
river and you go up to the north side� as it curves around
that very, very expensive part of Chicago, that is all
filled land! Now, to the question of Paris - oh yes, I
realize that Paris is a great beautifult controlled city and
Mra, Post has leftv but to her I might point out - try to
get an apartment in downtown Paris, You knowo we complain
about apartments selling for $100 a square foot, do you know
45
What a good comparable aparttent sells for in Pgieit) Prance
today? , ., $500 - $600 a square foot, NowJ that meanto
guess who lives in downtown Parisj nice beautiful
8ectioh6l.., rich pe6plel Guess where the working people of
Parig live? They live out in a place called La De Fonce,
Do you know what La be Ponce 3*.8? La be Ponce is solid wall-
to-wall high rise buildingg, They are the ugliest, most
monstrous buildings that I have seen in any major City
anywhere in the world. Paris is beautiful for the rich
those who are able to live Elysee or down the Avenue Poch or
all those beautiful places where you buy apartments for $500
a square foot) but for those average people who are middle
class working people in Paris� the have got to take that
train - they have got to go way the heck out of town and
they have got to live in those monstrous, horrible high rise
buildings. Nowhere in America do I know of any place as
ugly as the high rise cities that surround Pariso Prance,
With regards to Seattle and San Diego, if you think Seattle
hasntt changed� you haven't seen anything! Seattle is one
of the most progressive and most dynamic and most Changed
downtowns of any major American cities, I spent two days
there looking at it this summer out at the Democratic
convention and 1 was amazed! Variances? Listen, in Miami,
we are pikers compared to what they do out there in Seattle.
In Seattle, it is unrealt some of thingso and how they are
changing that city. San Diego, well, San Diego is probably
the most changed city - in the last twenty years if there
has been change in the city anywhere in the west coast of
the United States, the name of it is San Diego, California.
Now, there was some statements that were made with regards
to the parking need. I think we have clarified those.
There was a question about Merrill Stevens. I hope we have
clarified those. There are two last things that I want to
say. Somebody made the statement of elected officials and
our responsibility to represent the neighbors of the
neighborhood, and the importance of listening to people who
live in the neighborhood. I guess I have been making this
little speech for eleven years as Mayor and for three and
one-half years as a member of the Commission before that.
It is very simple. All of the votes that are controversial
without any exception before this board is simply a balance
between two things - the right of individuals who own homes
in the neighborhood and the right of the community to have
balanced and orderly growth. For those cities that have
taken drastic positions like Boca Raton, or like Miami Beach
are now paying the price. Miami Beach, with all due
respects to my good friend Michael Fromberg and the members
of the Commission over there, is a City doing a death's
dance. Hopefully, they will be able to overcome that. I
think they will. I think they are doing a great job. What
happened in the past ten years shouldn't happen to anybody.
What they did was, they got so concerned about growth, about
the neighborhood approach, that they listened to the senior
citizens who basically dominated those neighborhoods and out'' -
of respect to them, they stopped everything, and then they
got into a mess.. Now, you know who is to blame for what is
happening in Coconut Grove? Why, she is right here, and he
is right here! Alice Wainwright, Dave Kennedy, Bob High,
Randy Christmas, Abe Aronowitz, who is no longer with us,
George Aronowitz who sits on the Federal Court. You know
why? Because they had the wisdom to allow the Coconut Grove
Bank to built. Alice, I don't know whether you voted for it
or against it, or whether Dave voted for it or against it.
I don't know who voted for it, but when that happened, the
die was cast for the future, Nowy those things happen in
America. I will tell you what makes a decl4lQn' as to
whether you become an Atlanta or a Houston, and New York is
not my model, I Ju4t use that becau5e it Ja the moptf in my
opinions exciting City in the world, bar none. In my
opinion what happens in this whole process ip something very
46 January 94# 1985
8ithply called supply and demand and it sometimes works for
you, and sometimes works against you, I don't want you to
ltiSuhder8tand and think I have become a Republican, I aft
not a Republildant and I am not going to become a Republitant
but President Reagan has proven a point. Nobody Undde8tand8
hOW6 There isnt an economist alive that can explain What
this is all about 0 but he said j (by God it has worked but.! )
he said "Let the supply and demand process work in Americallo
and all this deregulation and all these things that we were
all petrified 6P when we deregulated gaso and we deregulated
the airlines and deregulated this and that� that wasn't
going to work but - welit it has worked out! Nowo President
Reagan's grandfather dame from Ireland and he came here as
a victim of the harsh, and I think unbelievable policies of
the gritish government and what they called the free
enterprise system in those dayso one hundred fifty years
ago, and it was called then laissez-faire and it was
laissez-fair, � it wasntt the potato famine that got the
Irish down on their knees. It was the government. in
England, in London, in Parliament who decided it was going
to permit the marketplace to reign and that is what
bankrupted Ireland and that is why half of those Irish
people had to leave one hundred fifty years ago and many of
your ancestors came because of that. Now, what is happening
here and what is going to happen in a community like Miami,
is unfortunately, in some cases unfortunate, and in others
it is called a free market place. As long as you have a
free society) it is the free marketplace that determines
direction of the community. I don't care how many zoning
laws you have. I don't care what master plans you impose.
I dare you to name me one major progressive American City -
one! ... that hasn't time and time and time again changed
its zoning, its variances because unfortunately, that is the
way a free, open society functions and what determines
whether there is a ten story building or a two story
building is whether or not people are willing to pay for it,
and the reason why apartments sell in Paris for $500 a
square foot and $100 in Miami, if you are lucky enough to
get it, is because of the demand in Paris for those
apartments, and the reason why the demand is because there
is so few of them, and it is just that simple, and
therefore, I must again reiterate my position. I think that
under the circumstances, after all of the give and take,
after all of the negotiations, after all of the things the
Planning Department did and everybody else did, and all
these public hearings and what have you, I think we have
come, in my opinion, to a fairly reasonable solution, and it
is my intention, Mrs. Andrews, to vote once again, as I said
before, with this motion. At this time, I think everybody
has made their statements and I will be happy to recognize
somebody to make a motion.
Mrs - Dou*gherty: Mr. Mayor, could I introduce some
amendments for your consideration?
Mayor Ferre: All right, what are the amendments?
Mrs. Dougherty: The first amendment was introduced by Mr.
Traurig that defines the activity centers and how to measure
the 600 foot distance,
Mayor Ferre: Does anybody have any objections to that as
presented?
Mrs. Dougherty; - That's the one that was passed out and
di3tributed to you by Mr, Traurig,
Mayor Ferre; It defines the 600 feet and the activity
centers and specifically .3pells; out exhibition hall,
auditorium-, etc., etc,
01 47 J,anuary 24# 1985
Mrs- Dougherty! The 960ohd one Vt going to read to you . . . .
Mayor Ferret Wait, let's go one at a7 t-iMeb Does anybody
WAht to obJedt to that! ff hot� is there a motion?
Mr, Plumter! Wait a minute# t have to ask a questi.6ht The
question is that to be am amendment as adopted now?
Mayor Ferret Yes.
Mrs. Dougherty: Yes.
Mayor Ferret Now) there are those of you who have
properties and you want it to be 500 Peet or you want it ....
That's something that we're going to be dealing with at a
future meeting.
Mr. Plummer: That's the ones we sent back.
Mayor Ferre: Come on! So we don't have any law suits on
this that the judge says we didn't give people a chance to
speak, The public meeting is closed, but this is on this
specific subject.
Mr. James Kolisch: This is on this specific amendment. My
name is James Kolisch. I live at 3648 Mathesson Avenue,
Coconut Grove. Yes, I do have an objection to the amendment
because in the last time when the Commission met, is that
the entire thing was read and it was said that as it stood
at that time, it was defined as a major activity center.
Now what I see is the amendment continues to whittle it down
to a specific three buildings. I don't quite understand
this. It seems also that we are also mentioning one
project, Terremark. I'd like to remind you that we're
dealing with more than one project. Thank you.
Mayor Ferre: Now, what's the� answer to that?
Mr. Luft: The answer is that the activity centers that the
original ordinance defined are the same ones as Mr. Traurig
amendment addresses except'that he clarifies the language to
specifically pin it to those on the map that have been
defined in the Dinner Key study.
Mayor Ferret Do you accept it'
Mr. Luft: Yes.
Mr. Plummer: Excuse me, that doesn't mean that with any
future amendments, that can't be amended.
Mayor Ferre: That's correct.
Ms. Cohen: We made prior objections to Mr. Traurig's
amendments, I would just incorporate them now at this
point.
Mayor Ferre: Let the record reflect that all those prior
statements by Ms. Cohen in opposition are a part of this
vote. Is there a motion?
Mr. Carollo: There is a motion, Mr. Mayor.
Mayor Ferreo. Is there a second?
Mr. Perez: 3econd.
MayQr F-erre; Second, further dizQuazion on the amendmenr. a,5
pregented, ap clarified? Call the roll.
48 January 1 9.- �3
Mr, Plumffier! Wait a minute, Are we Voting oh the
amendments or the thotion?
Mrs. Dougherty! The amendroents.
mayor Ferre! Mr, Traurig 18 amendment that specifically
deals with the 600 toot from the entry and defines what an
activity center is. Are we ready to vote? Call the roll,
THEREUPON MOTION DULY MADE AND SECONDED THE ASOVt
AMENDMENT WAS PA888D 8Y THE FOLLOWING VOTE:
AYES., Commissioner Demetrio Pere2j Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer) Jr,
Vice -Mayor Joe Carollo
Mayor Maurice A, Perre
NOES: None.
ABSENT! None.
-------------------------------------------------------
NOTE FOR THE RECORD: See later amended ordinance No. 9953-
------------------------------------------------------------
Mayor Ferre: Lucia, what's the next amendment?
Mrs. Dougherty: The next amendment is also a clarifying
amendment. It was raised originally by Susan Cohen. I ran
it past Mr. Traurig. He concurs in the amendment and so
does the Planning Department. I'm going to read you the
language; it will be the bottom of page 2, the last
paragraph.
"For every non-residential parking space provided
in excess of off-street parking requirements, an
additional 200 square feet of floor area for any
use-"
This is the added language.
.... permitted in the underlying zoning district
shall be permitted provided however .... it
So the language permitted in the underlying zoning district
is just a clarification. It's not just any use, but it's
only those uses permitted under the underlying zoning
district.
Mayor Ferre: All right, is that clear? Does anybody have
any objections to that? Let the record reflect that Mrs.
Cohen's objections are made a part of this motion.
Mr. Plummer: No, no, no, you are objecting to this? It was
her suggestion.
Mrs. Dougherty: She's objecting to the process, I imagine.
Mst Cohen; Yes, it's not this specific amendment, but I
have raised notice, issues, and other procedural arguments
and other arguments.
Mayor Ferre: So as to avoid h,er making that statement over
and over again, I am just saying the previous statement made
by Mrs. Cohen, which she asked be made a part of the record,
is hereby made part of the record on this vote also. Are
there any other problems on this? If not, is there a
motion? I assume the administration accepts this, Jac4-
Mr. Luft; Yes, sir,
Mr. Plummer; Move it.
49
r3
Mayor Feere! Plummer moves. It there a 8edohd.�
Mr. Carbllo! Second.
Mayor Ferre: Dawkins 8e0oMd8- Further diSCU88ibM� call the
roll.
THEREUPON MOTION DULY MADE AND SgCONDEDf THE
PRECEDINa AMENDMENT WA8 PAS88D 8Y THE FOLLOWINa
VOTE:
AYES,. Commissioner Demetrio Pereto je,
Commissioner Miller J. Dawkins
Commissioner j6 L. Plummer, Jr.
Vico-Mayor Joe Carollo
Mayor Maurice A. Ferre
NOSS: None.
A88ENT: None.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
NOTE FOR THE RECORD6. See later amended ordinance No, 9953-
------------------------------------------------------------
Mrs. Dougherty*. The next amendment was as a result of the
gentleman who spoke earlier and you wanted some
clarification in the ordinance about the required parking
would not be considered as part of the excess parking. Sot
at the bottom of 'left I have inserted the language and
worked it out:
"Required parking shall be provided for all bonus
floor area and shall not be considered as excess
parking under the provisions of this ordinance."
Mayor Ferre: Is that acceptable to the administration?
Mr. Luft: Yes, it is.
Mr. Plummer: Move it.
Mayor Ferre: Wait a minute. Any of the attorneys, other
than Mrs. Cohen's objection ...
Ms. Cohen: Would you please read that again?
Mrs. Dougherty:
"Required parking shall be provided for all bonus
floor area and shall not be considered as excess
parking under the provisions of this section."
Ms. Cohen: We're going to preserve our objection to this,
We donit agree to any of this.
Mayor Ferre: A1.1 right, anybody else? If not, who moves,
Plummer?
Mr. Carollo; Second.
Mayor Ferre;
'51
Seconded by Carollo. Further discussion?
I Call the roll -
THEREUPON MOTION DULY MADE AND 88CONDED THE
PRECEDtNd AMENDMENT WAS PA88ED 8Y THE POLLOWINO
VOTE. -
AYES,. Cotttissioner Demetrio Pereto Jr,
Commissloher Miller J, Dawkiht
Commi6ai6tar J. L. Plummert Jr.
Vice -Mayor J06 Carollo
Mayor Maurice A. Feree
NOES: None.
A888NTt None.
- - - - - - - - - -
NOTE FOR THE RECORDt See
----------------- ---------
Mayor Ferre: Next?
Mrs. Dougherty: That's all.
Mayor Ferre: Is that it? All right, Dan's doesn't come up
on 5.
Mr. Plummer: No.
Mayor Ferre: It comes later. Is there further amendments
or statements on 5? If not, I'm open for a motion on the
main ordinance.
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 9500t THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA9 BY
AMENDING ARTICLE 15 ENTITLED 11SPI:
SPECIAL PUBLIC INTEREST DISTRICTS," BY
ADDING A NEW SECTION 15170 ENTITLED
11SPI-17: SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT," AND ASSOCIATED NEW SECTIONS
15171 THRU 15173; PROVIDING FOR INTENTO
EFFECT, AND CLASS C SPECIAL PERMIT
REQUIREMENT; AND CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
January 10, 1985p was taken up for its second and final
reading by title and adoption. On motion of Commissioner
CarQllo, seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES; Commissioner Demetrio Perez, Jr,
Commissioner Miller J. Dawkins
Commissioner J. L, Plummer, Jr.
Vioe-Mayor Joe CarQ110
Mayor Maurice A. Ferre
NOES; None,
§1 '51
January 24, 9 8.31
Ll
ASSENT! None.
A�8 n$IGNATED
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
29 DISCUSSION & T9HPORARY D9F9RRAL: ORAMAND BLVDo
T1699TAILt AVIATION PL.D9P. R90-CH.ZN.CL RG-2/5 TO RO.
3/6
------------- i., -------- --------------- ---------------
Mayor Ferret. The next item is number 6.' This is this whole
series,
Mr. Plummer: But you're going to have to open it up for
public hearing.
Mayor Ferre: All right, does anybody wish to speak? No,
the public hearing was on all these items. I would be happy
to recognize anybody who wants to make any additional
statements. Ms. Cohen, do you want to put your ... ?
Ms. Cohen: You know I have to do this for the record, Susan
Cohen. I incorporate all of our objections on items 6 and 7
and 8 as you raise them.
Mayor Ferre: All right, are you ready to ... yes, sir. Is
there a motion on 6?
Mr. Plummer: Mr. Luft, where do we address, where is it
proper to address the Kavanaugh problem?
Mrs. Dougherty: This one..
Mr. Luft: This, number 6, changes the zoning form RG-2/5
along Tigertail to RO-3/6. Number 8 applies the SPI-17,
which then puts the buffer in. By exempting Mr. Kavanaugh
from both 6 and 8, he is left, as he requested, as EG-2/5
today.
Mayor Ferre: Plummer so moves.
Mr. Carollo: Second.
Mayor Ferre: Further discussion?
Mr. Plummer: Yes, I still am concerned, Mr. Luft, about
those properties- which run all the way then to Bayshore
Drive, having a buffer. So where do I address that?
Mr, Luft: It is the intention of this departmentl as per
the Bayshore Drive study to visit the issue of the
transition between the RO-3/6 district and the estate areas
to the east. We will be meeting with residents of that area
within a week to discuss their feelings about it,
Mr. Plummer; You are going to address the problem,
Mr. Luft; We will address the problem,
Mayor Ferre: Further discussion to the amendment to item 6
to exempt the piece of property that Mr. Cavanaugh has
described? Call the roll on the amendment#
61
ry
THEREUPON MOTION DULY MADE AND 82CONDED T149
PRECEDING AMENDMENT WAS PA88ED BY T14E FOLLOWING
VOTE,.
AYES,. Comtia8ioher Detotrio Pero2) Jr.
Commissioter Miller J. Dawkins
Cotftmission6r J, L. Plummert Jr.
Vide -Mayor Joe Caeollo,
Mayor Maurice A, Ferre
NOES: None.
A88ENTt None.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
NOTE FOR THE RECORD: See later amended ordinance No. 9956.
---------- --------
Mayor Ferret Now on the main ordinanceo is there a motion
on 6?
Mr. Carollo: Move.
Mr. Perez: Second.
Mayor Ferre: It's been moved and seconded. Further
discussion on 6? Read the ordinance.
Mrs. Dougherty: (STARTS TO READ ORDINANCE) Excuse me,
Jack, doesn't that have to be amended?
Mr. Luft: This is number 8?
Mrs. Dougherty: This is number 6, this legal description
has to be ....
Mr. Luft: That legal description has to be amended and we
would like for Mr.Kavanaugh a legal description so that we
can make the amendment in accordance with that.
Mrs. Dougherty: It's straight down Aviation Avenue and
Tigertail Avenue.
Mr. Luft: Instead of 100 feet east of....
Mrs. Dougherty: It's on Aviation Avenue and Tigertail per
plans on file in the Department of Planning and Zoning
Boards Administration to RG-2/5 general residential to RO-
3/6 residential office, by making findings and making all
the necessary changes on pages 45 and 46 of Zoning Atlas,
containing a repealer provision and a severability clause.
Mayor Ferre: Mr. Traurig, you don't have any legal problems —
with this?
Mr. Traurig: No, we don't have any problem with your
deleting that property east of Aviation Avenue.
Mayor Ferre; No, that's not theiquestion, but O.K.
Mr. Traurig;. I would like to say that so that the record
will be clear that there has been testimony given at this
hearIng to support this action on item number We
anticipate that all of the presentations previously made by
the Planning Department, especially the Planning Fact
Sheets, are tnQQrporated in this -so that the record on
appeal will be,,.,
January 24# 1-9f8:51
Mayor Perrel. Mr. Traurigo I don't team to practice law Liven
though I am a bona fide Member of the Dinner Key tAr
Association, but I just want to make allre because I reMeMb6r
that on other, occasions when we have not had AM ordinance
properly in writing and before us and copies available to
the pUblidt tnat on that technicality) When it goes through
a Court of laWo 66MetifheS people that Arle 6pp6aing aLnd are
trying to knock out on A legal technicality, I don't mean to
in any way belittle the wonderful work that JArldt Cooper
does, but are you sutftLi that you don't want this typed out
Writing and available to members of the public?
Mr. Traurig! May we ask the City Attorney to answeel But
it may very well be that on this item 6) that legal
description can be prepared between now and the end of this
meeting.
Mayor Ferre., I think that is a wise counsel. Would you
have somebody put that in writing and typing and we will
then vote on it at that time,
Mrs. Dougherty: Mr. Mayor, we will do it by interlineation
and pass it out.
Mayor Perre: Would you do that so that it's in writing and
before us and members of the public? We will then come back
to item 6 and redo it once we have it that way.
Mr. Traurig: I'm going to apply for the Dinner Key Bar
Association. It obviously is a qualified association.
Mayor Ferre: You got to learn something, if youtre around
here long enough. Not much, but a little bit.
Mrs. Hirai: Mr. Mayor, we need to call the roll on 6.
Mayor Ferre: No, what we're doing is wetll come back to 6
and then it will have to be reread and all that.
----------------------------- ------------------------------
30 SECOND READING ORDINANCE: ATLAS CHANGE BY REMOVING SPI-3
COCONUT GROVE MAJOR STREETS OVERLAY DISTRICT
------------------------------------------------------------
Mayor Ferre: We are now on 7. Is that right? This is
necessary to remove portion of existing overlay currently
situated on proposed overlay area.
Mr. Luft: There is an existing overlay there today.
Mayor Ferre: This is a legal technicality, to clean it up.
Mr. Luft: We need to remove that , so that we can apply the
SPI-17 and there will not be a conflict.
Mayor Ferre; Does anyone wish to speak on that?
Mr, Joseph Calay: Being a junior member of the Dinner Key
Bar Associationtoof
Mayor Ferre; I certify that.
Mr. Calay; Thank yot4 very much p Mr, Mayor, Joseph Calay,
2985 Aviation Avenue. The thought occurred to me earlier
today that in the event that SPI-17 iz succeazfully
challenged in qQurtt where would the City be if they
approved the removal of SPI-13? Would we be into the open
zoning area? Do you underptand my point?
54 January �4 85
19
-iP44-
Mrs - bougherty! NorMallyt the Zoning ot4dir1Ande6 have a
provision it it's uht6nedt it's toned single-family. gut I
imagine the odurto any court that would declare it
unconstitutional would make some provision for that. or
course, we could rezone it again,
Mayor Feree! It would revert back.
Me, Calay: Vtt sorry, I didn't understand.
Met;. Dougherty,., It usually reverts back to single-family
zoning) if there is no zoning at all, but I imagine the
court would make a provision for that and the City
Commission would then have the provision to rezone it.
Mr. Calayt. Or would it be more possibly simpler to make the
provision that the removal of SPI-13 contingent upon SPI-17
flying?
Mayor Ferre: That's a good suggestion. is that valid? in
other wordsj if SPI-17 is challenged and gets knocked out of
courtt it would revert back to this.
Mr. Luft,. SPI-3, which is what we are removing, is only
height controls and design review. It is not a zoning
district, per se) full and complete.
Mayor Ferre: So what you're saying is if we lose it, we
haven't lost much.
Mr. Luft: If we lose it, we just have an apartment district
with no height controls on it.
Mayor Ferre: That's what Joe was worried about.
Mr. Luft: But it's not a non -zoned piece of property. It's
still zoned.
Mayor Ferre: Is there a motion on 7?
Mr. Luft: I wanted to point out that instead, we will want
to leave SPI-3 on Mr. Kavanaugh's property with the height
control as it is today. We don't want to remove that.
Mayor Ferre: Are we ready to vote on 7? Is there a motion?
Mr. Perez: Move.
Mayor Ferre: Moved by Perez. Is there a second? Is there
a second?
Mr. Carollo: Second.
Mayor Ferre: Second by Carollo on 7. Read the ordinance.
January .24#
Call the rolla
AN ORDINANC8 8NTMEDA
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO- 9500, THE ZONtNO
ORDINANCE OF THE CITY OF MIAMIt PLORIDAt
BY REMOVING THE SPI-3- COCONUT GROVE
MAJOR STREETS OVERLAY DISTRICT FROM THE
AREA G99ERALLY BOUNDED BY MARY STREETo A
LINE RANGING FROM APPROXIMATELY 100 TO
200 FEET SOUTH OF AN PARALLEL TO
TtGERTAIL AVENUgo AVIATION AVENUEt AND
TIGtRTAIL AVENUEo (MORE PARTICULARLY
DESCRIBED HEREIN; MAKING FINDINGSt, AND
BY MAKING ALL THE NECESSARY CHANGES ON
PAG98 NO. 45-46 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A
SEVERA81LITY CLAUS8.
passed on its first reading by title at the meeting of
January 10, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Perez, seconded by Commissioner Carollo, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice-Mayor.Joe Carollo
Mayor Maurice A. Ferre
NOES., None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9954,
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
January 24, 1985
The City AttormeY f4ead the ordindhde Int6 OUbliC
radord and anhouhded that dbpi8g were Available, td the
MeMbera of the City Cottfni88ibm and to the PUblid,
aim &,.Am a"""" M" atttt�� t!t!tm M ft� ft"" M"
35 SECOND READING OMNANCEi ATLAS CRANOR APPLY SPI-17
SOUTH BAYSHORE DRIVE OVRALAY DISTRICT
Mayor Ferret. Now we have to take up item 8. ts there
anybody wishing to speak on 8? 8 is the last of the Codohut
Orove, Saysh6re Drive issues that Mr. Traurig requested be
done after we did 6,
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second! Second by Perez. Is there
further discussion'? Does anyone wish to speak on this?
Read the ordinance. Call the roll,
UNIDENTIFIED SPEAKER! Excuse me, that's northeastp not
southeast in your reading of the legal descriptiont it was
northeast not south.
Mayor Ferre: Let the record reflect that change. Ms. Cohen
wants the record to reflect her previously stated objections
to be put on the record. Further discussion? Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500p THE ZONING
ORDINANCE OF THE CITY OF MIAMIt FLORIDA,
BY APPLYING THE SPI-17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT TO THE AREA
GENERALLY BOUNDED BY McFARLANE ROAD,
SOUTH BAYSHORE- DRIVE9 A LINE
APPROXIMATELY 200 FEET EAST OF9 AND
PARALLEL TO AVIATION AVENUE (EXCLUDING
THE SOUTHEAST CORNER OF AVIATION AND
TIGERTAIL COMPRISED OF AN AREA 100'
ALONG AVIATION AND 1501 ALONG TIGERTAIL
AVENUE), TIGERTAIL AVENUE9 MARY STREET,
GRAND AVENUE, AND A LINE APPROXIMATELY
250 FEET WEST OF, AND PARALLEL TO MARY
STREET, TO THE *POINT OF BEGINNING;
THE
MAKING FINDINGS; AND BY MAKTNG ALL
NECESSARY CHANGES ON PAGES No. 45 AND 46
OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE,
Passed on its first reading by title at the meeting of
January 10, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Dawkinsq seconded by Commissioner Perez, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following votlean
AYES; Commissioner Demetrio Perezt Jr.
Commissioner Miller J, Dawkins
Commissioner J. L. Plummerg Jr.
Vice-MayQr Joe Carollo
Mayor Maurioe A. Ferre
NOES; None.
14 January Z41 19,63
A889M Nome,
TH8 oRbtNANCt WA8,,D88,11.�Oli4l.A-�T�8,D�-�O..�-A,l�,K,-'',-,,,.8,,-X
The City Attorney read the ot4dihahCe ifitO the public
record and ahhounded that copieg were avftilabI6 to the
dadmb6ra Of the City CordmitaiOn and to the public.
J-85-204
ORDINANCE NO.
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO, 9500t THE 2ONtNG ORDINANCE OF THE CITY OF
RIAMIt FLORtbAo BY AMENDING SECTION 15170
ENTITLED OgPt-llt SOUTH SAYSHORE DRIVE
OV89LAY DISTRtCTon BY CLARIFYING LANGUAG8 IN
RELATED SECTION 15171 ENTITLED "INTENTt" TO
INCLUDE THE COCONUT GROVE VILLAGE CENTER-
PURTHERt BY AMENDING SUBSECTION 15172.2,i
ENTITLED "PUBLICLY ACCESSIBLE PARXtNGt" BY
REDUCING THE MINIMUM THRESHOLD OF REQUIRED
PARKING SPACES NSC89SARY FOR THE FLOOR AREA
RATIO BONU8o AND INCLUDING THE COCONUT GROVE
VILLAGE CENTER AS A DESIGNATED MAJOR PUBLIC
ACTIVITY C8NTER; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
WHEREASp the Miami Planning Advisory Boardt at its meeting
of February 6r 1985, Item 5, following an advertised hearing,
adopted Resolution No. PAB 14-85 by a 5 to 1 vote, RECOMMENDING
DENIAL of an amendment to the text of Zoning Ordinance 9500, by
amending SPI-17: South Bayshore Overlay Districte Subsection
15172.2.1 to reduce the minimum threshold from 100 to 50 spaces;
adopted Resolution No. PAB 15-85 by a 6 to 0 vote, RECOMMENDING
DENIAL of amending Subsection 15172.2.1, to increase the appli-
cable distance from 600 to 900 f eet; and failed, by a vote of -2
to 4, therefore constituting a RECOMMENDATION OF DENIALr to
approve the amending of Section 15171 and Subsection 15172.2.1,
to designate, as a major public activity center, the Coconut
Grove Village Center (identified as SPI-2: Coconut Grove Central
Commercial District) in addition to the Dinner Key area; all
recommendations pertaining to a floor area bonus for such
parking, as hereinafter set forth; and
WHEREAS, the City Commission, after the consideration of
this matter, notwithstanding the recommendation of the miami
Planning 5Qardr deems it advisable and in the best interest of
the general welfare of the CITY OF MIAMI and its inhabitants to
grant these amendmentst as hereinafter set forth;
1) 1) 8 7
AOL
NOWo MftEPORto 89 IT ORDAINED V THE COMMISSION OP THE Cttl
OP IAIAMI� PLbRfbAt
Section 1, Thei text of dedinance Wo. 9500p the Zoning
Ordinance of the City of Riaroit Plotidat is hereby AtAdnded ag
follows:
"ARTICL8 15. gPtae SPECIAL PUBLIC INTEREST DISTRICTS
SECTION 15170. SPI-17t SOUTH SAYSHORE DRIVE
OVERLAY ot8TRICT6
SECTION 15171. INTENT
Along the coastal Atlantic ridge paralleling South
Bayshore Drive and overlooking Dinner Key and the
marina basin in Coconut Grove is an area of special and
substantial public interest because of unique property
sizes and shape.s-, geologic features, bay views and
vistas-, relationships to major entrance roadways;
proximity to adjacent neighborhood* and public open
space and recreation, and commercial services; impacts
on surface parking on open space within Dinner Key; and
a special character imparted by tropical vegetation and
historic structures.
It is the intent of these special public interest
district regulations that future public and private
development shall respect and enhance this character,
preserving area -wide property values and enhancing
Coconut Grove's desirability as a place to live and
high density mixed -use development area abutting South
Bayshore Drive by providing height limits, special
setback and view corridor requirements, transitional
use and design requirements, incentives to provide
publicly available parking for Dinner Key and Coconut
Grove Village _Center activities, and design review
gui2er'lnes.
SECTION 15172.
15172.2
EFFECT OF SPI-17 DISTRICT DESIGNA-
TION.
EXCEPTIONS TO FLOOR AREA RATIO
LIMITATIONS
15172.2.1 - Publicly Accessible Parking.
For every non-residential parking space provided
in excess of offstreet parking requirements, an
additional two hundred (200) square feet of floor area
for any use permitted in the underlying zoning district
shall be permittedt provided however;
(a) Such parking space shall be not less than one
hundred-+109+ seventy-five (75) Fp4ces and
accessible oy the --- 1-on e r 37--p 0 ic durIng
normal business and operating hours of pul�lic
4ctiVitiOS Or Attractions in Dinner Key or
adjacent public facilitie4T# or the Coconut
Grove Villa e- Center,
W2W
. . I
(b) Parking fees chatqod shall not lod in excess
o f ptevailinq rates for pub 1 iC fftet4ted
patkiftg in the vicinityt as established by
the Miami bopattment of Off-8treat Parking.
(d) The entrance to the oxcetA parking facility
shall not be farther than six hundted (600)
feet f rom a) the Coconut (Ir6ve Villaoa
nerein aetinea as tne ooundary__Pt section
Grov4 central c85RMT'9'r
District or b the inain entrance751"''a
structure hougtng the following activity
Centers identified 'in the "Dinner key Ma8ter
Plan" -. a performance hallt 8becialty centert
exhibition Center or conference facility. The
six hundred (600) feet shall be measured
along a radius froin a) the bound4-ry 6-f
Section 152 6
01 SPI-2. Coconut Grove Centrat
Mrnm9ict Istrict, or 6) 1 a - - pUbM-'�9MEMF
entr9nce 3f a structure housing the activity
center. For the purposes of this Sectiont
the "Dinner key Master Plan" is defined to be
that Plan adopted in principle by Nation -Nov
84-11881-dated-eeteber-197-1984 Resolution
85-70; JanuarX 24, 19850 of the My of
MiZml Commission. A copy of the Dinner Key
Master Plan, as adopted in principle, is on
file with the City Clerk and City of Miami
Planning Department.
(d) In no case shall the cumulative additional
floor area permitted under this section
exceed .50 times gross lot area.
(e) Required parking shall be provided as for
bonus floor area and shall not be considere
as excess parking under the provisions of
this section.
Section 2. All ordinances, code sections, or parts
thereof in conflict herewith are hereby repealed insofar as they
are in conflict.
Section 3. Should any part or provision of this
Ordinance be declared by a court of competent jurisdiction to be
invalidt the same shall not affect the validity of the ordinance
as a whole.
PASSED ON FIRST READING BY TITU ONLY this 28th day of
March 1985.
PASSED ON SECOND AND FINAL READING BY TITLE ONLY this
day of
ATTEST;
City ClerX
w3m
C
PRtPARED ANb APPROVtt 8Y!
fZQEL Es MAXWELL
�!�Aiataftt City Att6tftey
APPROVW" ASoAeeORM :'--ND CORRECTNESS!
City Attorftey /
j8M/wpc/ab/pb/389
m
MIAMI REVIEW
AND DAILY RECORD
Published Daily exceDt Saturday, Sunday and
Legal Holidays
,Miami, Dade County. Florida.
STATE OF FLORIDA
CouNTY OF DADE:
Before the undersigned authority personally appeared
Octalms V. Ferboyre, who on oath sayis that she Is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, a
daily (except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
in the matter of
CITY OF MIAMI
Re: ORDINANCE NO. 9987
In the .......... X X X .... I ................... Court,
was published In said newspaper In the issues of
April 25, 1985
Afflant further says that the said Miami Review and Daily
Record is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In said Dade County, Florida, each day
(except Saturday. Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office In
Miami in $aid Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement: and afflant further says that she has, neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refun for t urpose of securing this
adve ment for publication I a so newspaper
.... . .......
$wo 0 ubscribed b&j#r9,!p9 this
2 5th �FApiil T A 85
...... 48Y of ... Z. . . . 0. 19.
r
'�J 4�o� k, a ZZ
u of
pPri a at Large
(SEAL)
My Commission expires �14�OiFliTvv
MR 11111
All Wall,6016 ofilb'dilib Will Me h(511166 thit dh the '18th dAy W Aptil,
189, the City C0flhf`hl§!§Ibh of Mlarni, Plotida, 060tod thill 1`6116w1ho
tilled wdIhAme6(t):
OMINANCL NO. 9084
AN ORDINANCE AMENDING THE 26NING ATLAS OF Ohbl-
NANCE NO. 9500, THE 20NING ORDINANCE OF tHt It,"
OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASM�
PIC00N OF PROPERTIES LOCATED At APPROXIMATELY
t6`1446 NORTHWEST 6tH AVENUE (EAST SIDE ONLY), 6111MI'l
(EAST SIDE ONLY) AND 106-746 (WEST S-Ibt ONLY) OF
NORTHWEST StH AVENUE, 46"'18 (SOUTH 9115t) AND 4"1
(NORTH SIDE) OF NORTHWEST 8TH S`I`kMT AND APPAOXw
IMAtELY 128-74t NORTHWEST 4TH AVENUE (WEST Slbt
ONLY), [MORt PARTICULARLY DESCRIBED HtPltINj- FROM
FIG-2/6 GENERAL RESIDENTIAL TO 014-11/6 COMMiAbIAL
RESIDENTIAL (NEIGHBORHOOD); MAKING FINDINGS: AND
BY MAKING ALL THE NE088SARY CHANGES ON PAGES
NO. 23 AND 36 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVEAA131LItY CLAUSE.
ORDINANCE NO. 9985
AN OPDINAI�IbE AMENDING THE ZONING ATLASOF OR01-
NANCE NO. 9500, THE ZONING ORDINANCE OF THE 0TY
OF MIAMI, FLORIDA, BY APPLYING THE HO-1- GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT To
THE "SUNSHINE FRUITS COMPANY WIN," LOCATED AT
APPROXIMATELY 3940 MAIN HIGHWAY, (MORE PARTICU.
LARLY DESCRIBE[) HEREIN); MAKING FINDINGS; ADOPTING
AND INCORPORATING BY REPtRENCE THE "DESIGNATION
REPORT," AND 13Y MAKING ALL THE NECESSARY CHANGES
ON PAGE NO� 48 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVIERA131LITY CLAUSE.
ORDINANCE NO. 9986
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDI.
NANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING uAssi-
FICATION OF APPROXIMATELY 3898 NORTHWEST 7TH
STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO CR-20
COMMERCIAL RESIDENTIAL (COMMUNITY) MAKING FIND.
INGS; AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 32 OF SAID.ZONING ATLAS MADE A PART OF
ORDINANCE NO. 0500 bY REFERENCE AND DESCRIPTION
IN ARTICLE 3j SECTION 300, THEREOF; CONTAINING A
REPEALER I PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 9987
AN ORDINANCE AMENDING THE TEXT.OF ORDINANCE
NO. 95M, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA* BY AMENDING SECTION 15170 ENTITLED ",SPI.'
17: SOUT� BAYSHORE DRIVE OVERLAY DISTRICT,�� BY-CLARI.
FYING LANGUAGE IN RELATED SECTION 15171 ENTITLED
"INTENT," TO INCLUDE THE dOCONJUT GROVE VILLAGE
CENTER; FURTHER, BY AMENDING'SUBSECTION 15172.2.1
ENTITLED "PUBLICLY ACCESSIBLE PARKING," BY REDUC-
ING THE..MINIMUM THRESHOLD..OF REQUIRED PARKING
SPACES NECESSARY FOR THE FLOOR AREA RATIO BONUS,
,AND INCLUDINGTHE COCONUT GROVE VILLAGE CENTER
AS A DESIGNATED � MAJOR PUBLIC ACTIVITY CENTER;
CONTAINING A REPEALER PROVISION AND A SEVERABIL-
ITY CLAUSE.
ORDINANCE NO, 9988
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO 9500, THE ZONINGORDINANCE OF THE CITY OF MIAMI$
F156RIDA, BY AMENDING SUBSECTION 2003.7.2 ENTITLED,
MAXIMUM FLOOWAREA PERMITTED IN ACCESSORY COW
VENIENT ESTABLISHMENT," BY ABOLISHING THE TEN PER-
CENT.(10%) BONUS IN RG-2.2 RG-3,R0-3, AND R04 DIS-
TRICTS; SUBSECTION 2003.7.3 ENTITLED "ACCESSORY CON.
VENIENT ESTABLISHMENTS, USES,I PERMITTED." � BY,
AUTHORIZING TRAVEL AGENCIES AS.A PERMISSIBLE
ACCESSORY CONVENIENCE ESTABLISHMENT IN CERTAIN
HOTELS IN THE RG-2.2, RG-3, RO-3 AND 0-1 DISTRICTS
SU13JECT TO SPECIAL EXCEPTION APPROVAL; FURTHER�
AMENDING PAGE 3 OF THE OFFICIAL SCHEOULE,OF, DIS-
TRICT REGULATIONS UNDER "USES AND STRUCTURESS!'�
To PROVIDE THATrACCF
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SUBJECT TO'REOUIREMENTS AND LlMlTATIOf4_OF4Edi
TION 2=7 OF THE ZONING TEXT, CONTAINING A REPEALER
PROVISIONANP A SEVERABIWTY CLAUSE."
ORDINANCE NO. 9989
AN ORDINANCE, AMENDING P409
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SCHFEQU�E OF DISTRICT REGUWIONSW ORDINANCE,
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