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HomeMy WebLinkAboutM-85-0214Mr. Treister: I am asking you deferral, and other members of the the fact that you are asking us to Mayor Ferre: I understand. Mr. Treister: That we were . . . Mr. Mayor to vote for a Commission in fairness to make a presentation. Mayor Ferre: Mr. Mr. Treister, I am opposed to the fact that you only have one access or two access on Main highway. And I told you from the very beginning that unless there was an access to McFarland Road, I was opposed to the project. That's the basis for my voting against it. I voted that way first time around, this a second reading. I've not changed my mind. Now, I apologize to you, you're a friend of mine. you're a great guy, Mr. Scharlin is a fine man, the Planning Department has spent a lot of time and effort on this, but you know, you either believe something or you don't believe, and you either stick to your convictions or you don't. And I am where I am. And, now, you're asking for a deferral. You've already asked. Commissioner Carollo said no. Commissioner Dawkin said no. Mr. Treister: I just asked for a deferral, Mr. Mayor I didn't ask for it before the vote, but I understood . . . Mayor Ferre: You you you, you asked for it about an half an hour ago. And you've been going on and on and I've let you do that so that you don't, you can't say that we did not give you an opportunity to say everything you wanted to say. Mr. Treister: And I would like then, I am trying to ask for a deferral. If you're saying, and I'd like the Commission to tell me whether you want a full presentation on the traffic, density, parking . . . Mayor Ferre: Mr., Mr. Mr. Treister: And I would be glad to give it. I'm . . . Mayor Ferre: Mr. Treister you've now taken a half an hour going around in the same circle and we are where we were a half an hour ago, and that is, unless Commissioner Carollo and Dawkins change their position I have a valid motion for denial in front of me. Now, you've, now taken up an half an hour of this Commission's time in going around in the circle, and now you're telling me that you want to make presentations. Mr. Treister: Well is this in fact a public hearing on the issue? On the merits? Mayor Ferre: It is, and I'm giving you every right to speak on the public issue. Mr. Treister: Well I'm going to start to speaking on the public issue. Mayor Ferre: Fine, then I'll tell you, so that we can reasonably end this, ah cause you know I, it seems to me, Mr. Treister, it seems to me that I'm gonna hold you to presenting new information, because if you are going to repeat what you said before, I don't think that serves any purpose, we heard the argument before, and I am going to hold you to a reasonble time. Now how much time do you need to make your presenta- tion? Mr. Treister: Well first I must ask, will the opposition be limited to . . . Mayor Ferre: Absolutely the same time. AIP', Mr. Treister: No I don't mean that. Mayor Ferre: And only Mr. Treister: Only discussing . . . Mayor Ferre: Of new arguments. That's correct. Mr. Treister: You see last month we asked them to to uh limit their legal arguments at a certain date, yet you allowed them tonight to make additional legal arguments and I just want . . Mayor Ferre: Sir, their additional legal arguments have nothing to do with the basic issue. What I said was we were down to two things, either a denial or sending it back to the to the Planning Board. And there was a motion for denial and that's where we're at. I haven't given anybody any extra rights that the other side does not have. I am now asking you how much time you need to present your statements. (Long pause) Mr. Carollo: Excuse me Jack have you taken sides in this or are you still neutral for the City? Mayor Ferre: Alright Mr. Treister, the point now is, since I assume that you do want to make a presentation, how long do you want to make your presentation? Mr. Treister: 5 minutes. Mayor Ferre: Alright sir, please proceed. Mr. Treister: I would like to just talk about the three items that I don't think, and I assume Mr. Mayor that that's going to be the opposition's time. Mayor Ferre: Yes I will hold them to five minutes too. 16-234-27 ^. December 12, 1984 t I Mr. Treister: I understand that, but I just know that the City Administration in all cases that we were following the procedures. Mayor Ferre: City Administration? Mr. Treister: Administration, right. L7M%6� wa has told us Mayor Ferre: The City Administration is not the City law officer. Mr. Treister: I understand that, and we obviously want to do what is legally correct. We have been working for one year at these hearings and doing exactly what the Administration advised us was legally correct. We would like to have the permission of having this hearing heard tonight. We have people here that came to speak on the issue. We have been postponed now three times on this particular issue. We would be very happy if we were lucky enough to get the Commission's blessing on this, to submit the approval to the attorneys for the City. We would like to be represented, and if the City Attorney says that we erred or the City erred, we would then follow that mandate, or if we did not err, which we don't think we did, we obviously would not, you know, object to that. So, we would like to go on that procedure. Mayor Ferre: Lucia, there you have it. You have five attorneys bringing up legal considerations on one side. Mrs. Dougherty: Mr. Mayor, it is rather simple. Mayor Ferre: And you, at the request of the Applicant of this, that it be heard tonight and that we come to a conclusion and then let you deliberate on the legal questions after the vote. Now, you have got to give us legal guidance. Mrs. Dougherty: Mr. Treister, I think it is really in your best interests not to close these hearings today with a formal vote, because what may be minor sorts of problems or deficits with your application could be cured by reason of doing something in between now and the final vote, so I would say even for your own best interests, if there are some defects, minor or otherwise, that you don't foreclose your ability to open these proceedings and supplement the record by not continuing the hearing, so ... Mr. Treister: With all due respects, we would prefer to hear it tonight. We do not think we have any legal defects. We have studied this now very thoroughly and we would like to hear this on its merits and we are subject to any legal findings of the Commission afterwards, or the City Attorney. Mayor Ferre: All right, the City Commission doesn't have legal findings. This is not a court of law, nor are we lawyers up here. It is the City Attorney and the courts of this community that would have legal findings. Now, there have been legal questions posed. Commissioner Plummer, who will be back hopefully in a moment, said that he wanted some legal answers. Mrs. Dougherty: Mr. Mayor, I am not prepared to give those legal answers. Excuse me for interrupting you. Mayor Ferre: That is what I thought you had said. Mrs. Dougherty: But, at the same time, Mr. Mayor, some of these things are so profound that you would be foreclosed from doing anything further, so I cannot advise you to take a vote on it now. You might ... 85- 214 Id 39 November 15, 1964 laic 01 T A P E 16 There are people who have a different vision of what Coconut Grove and Miami should be. They are entitled also to their opinion. I don't think any of that is the question. We are not now dealing with the merits or the substance of the is- sue as such. When Mr. Parsons started to talk and subse- quent to that, ending with Janet Cooper, there were a whole series of accusations that deal with the law that are a lot more than just a lot of numbers. Now, Commissioner Plummer, at the conclusion of Mr. Parson's remarks, said, "I need an answer before I can render a vote. Subsequent to that, af- ter several other speakers, our City Attorney said she can- not, in her opinion, give us a legal opinion on the ques- tions posed at this particular time, without spreading this further. I recommended to you, to the Applicant and to the the opponents, procedurally that Janet Cooper have a meeting amongst lawyers so that you can, after she has had an oppor- tunity to study this, so that you can all come to a discus- sion - you can argue it back and forth among the lawyers, and then at the next meeting, she will be privy to your ar- guments and she will then render a legal opinion. Now, I want to tell you, and I want to tell all those opponents that I will be guided as I have for 15 years, by the opinion of the City Attorney, and I will not accept personally, your arguments, or Jack Rice's arguments, or Howard Scharlin's arguments, one way or the other, once she has rendered a le- gal opinion on legal matters and I will be guided by what you say. Beyond that, your place is to challenge her legal opinion in a court of law, not in this political body. Now, if we get past the legal stuff that is going on here, then we could proceed to the foilage and the vegetation and the traffic and what the school says and what Friends of the Ev- erglades say, and all these other things that are important and should be brought to the record. We also have - Mrs. Dann has written me a letter which I made part of the re- cord. We have a telegram from Elton Geisendanner. It is an issue that we need to discuss. On the other hand, Mrs. Dann, I am not going to allow that subject to all of a sudden be a door, a massive door to stop this project without it being substantive in nature. In other words, Elton Geisendanner, and therefore the Governor, his boss, and the Cabinet, have got to put their money where their mouth is, because, if at the end of this rainbow, they say, well, you know, we are willing to chip in $200,000, well, that is very nice, but that won't do the trick, and we really need to have that as a real issue. If they are really talking about buying this property to add to the Barnacle as a park, then they have got to act on it in a reasonable time. We can't stall this for six months or three months, while they are thinking whether they are going to give us $100,000 or $500,000, so I think we need to follow some due process there, and it needs to be timely so that these people will have a reasonable an- swer on a timely basis. Ms. Cooper: Mr. Mayor ... Mayor Ferre: Janet, let the Applicants have their say, be- cause I have already ruled on this and ... Ms. Cooper: I just have a couple more points. Mayor Ferre: Yes, but you see, that is ... Ms. Cooper: When you are ready. Mayor Ferre: I will recognize you later on. She has made a statement and I have ruled on this. I can be overruled by three members of this Commission. ld 1 85'-m214 November 15, 1984 I Mr. Treister: Mr. Mayor, on the timeliness of this, if we agree to this, which we may have to, obviously, because you have the authority. We were supposed to be on the agenda in June, and it was legal question, and they said the applica- tion was not our fault, but was published wrong. We were then postponed through August and then into the fall and we would appreciate it if this could be done - the legal meet- ing in the next few days and we could be heard without a week because .. Mayor Ferre: That is reasonable. I don't know whether we can hear you in a week. Mr. Plummer: No, not within a week. We don't meet again for a month. Mayor Ferre: I don't see how we can hear you in a week, but I think that the meeting should be concluded and that hope- fully, the City Attorney would conclude her ... now, I want to tell you so that you don't get angry at me later on. Be- yond this, once we have a legal opinion, the rest of these legal arguments are before a court of law, because this is not a competent jurisdiction to that, and only as to the procedure, do we get involved in this whole legal question. Beyond the ruling of the City Attorney, beyond that, you are into a court of law, because I am not at the next meeting going to then have three more attorneys stand forward and say "Well, and this one, and that one, and we forgot to say that Section such and such were not discussed". That is not fair. Okay? Mr. Treister: Could we have it as soon as possible and all that? Mrs. Dougherty: I am available tomorrow. Mr. Treister: No, I meant the ... Mayor Ferre: I don't see any reason why it can't be brought to the next meeting, and then we will hopefully conclude it. Mr. Treister: We will agree to that. .', Mayor Ferre: All right, Mr. Treister. Yes, Ma'am. n Ms. Cooper: First of all, I also have the utmost respect for the City Staff, for Mr. Treister, who has done a lot of fine things for the community and who is very well known, ur ,: and for Mr. Scharlin. He doesn't know that I know of him, but through is very fine activities in another organization that he and I belong to (GASP), and I have always had tre- mendous respect for him, if for no other reason, for his work in that organization. However, I do need to point out =r a that I didn't overlook the fact that the Planning Advisory Board did meet on this issue. I didn't think that the Plan- ning Advisory Board made a recommendation on the application for change of zoning. The reason I thought that is the xk Planning Advisory Board met on September 12th and these ap- plications were not filed until two days later, September 14th, so I really don't think that the Planning Advisory Board could have been substituted for the Zoning Board to have voted on the application for a change of zoning. Sec- fr.„ and of all, in regard to jello and our complaint that we ' have been having difficulty knowing what is going on. We may have some difficulties working with a system that allows the developer to make changes at will and I am not sure that yam. that is what the code provides, but even assuming that it does, we may have difficulty working with it, but if we did- n't object to it. What we object to is the failure to dis- ld 2 November 159 1984 85-214 Mr. Plummer: Continued to 9:00 A.M. Mayor Ferre: Not 9:00 A.M., because you already gave those people on 22nd Avenue ... Mr. Plummer: 3:30 P.M. Ms. Cooper: Let me ask you this. You have meetings scheduled for the 12th, the 13th and the 20th. Mayor Ferre: They are not zoning meetings. Ms. Cooper: I understand that, but we switch sometimes of necessity. If I can change my ticket to the 13th, can you do it on the 12th on that hearing at the least ... y Mr. Plummer: No, the 12th is a police hearing only. Ms. Cooper: Can we please set it? I really - it is tied up with a number of other people and it is not something that I have a lot of flexibility. With one or two days I do, but I Mayor Ferre: It is a question of what the majority of this Commission has to do. 4 3 • Mr. Plummer: Mr. Mayor, the only problem, if it was just coming back here to answer the legal questions, that is one thing, but I see a hundred people out here biting the bit that wanted to speak tonight who are not going to speak and A you are talking about another five hours! Ms. Cooper: Well, I don't think you are going to have that, because I think the ruling is going to be that this application cannot even properly be addressed by this Commission. ' Mr. Plummer: Don't worry about it. Just go. v Ms. Cooper: Well, I might! Mayor Ferre: Well, you are so confident of your legal k opinion, that my advice is take the trip on the 10th! Ms. Cooper: Okay, that is a deal. I am that confident. Mayor Ferre: All right, are we ready now to vote on the motion? Okay, call the roll. (NOTE: MOTION DULY MADE AND SECONDED WAS ADOPTED TO CONTINUE MEETING TO DECEMBER 20, 1984. Said motion was later rescinded and superseded by MOTION 84-1317 - see below.) Mayor Ferre: Now, I just don't see how we can do it on the 12th and the 13th is going to be a Regular City Commission meeting, which will be jam packed with things, and I think the 12th is just as important as these police things. I would hope that we would conclude this on the 12th and it is too important a hearing for us to confuse with other issues, and I know you are concerned with zoning and Coconut Grove, but you are also concerned with the Police Department and issues dealing with it. and we don't really want to any way tarnish that. But, the problem Janet, is that the rest of this Commission - you know, we struggled hard to come to an agreement on the 12th and 13th. As I remember, one or two of the members of the Commission are not going to be here the first week of December. —� ld 6 November 15, 1984 aY� Mr. Plummer: I won't. Mayor Ferre: All right, the police hearings, as I recall, was going to start at 1:00 o'clock? Mr. Rice: Well, you know the rest of us make a living also, and we are required to sit here all day while you go through the police hearings, that is unfair. Mayor Ferre: That is unfair. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: What? That is between you and your fellow attorneys. Janet, there is nobody here the first week in December, okay? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: At 1:00 P.M. to 6:00 P.M.? I have no objections to that. I really don't think that our hearing would take more than one to 6:00 P.M. I am going to tell you this, I am not going to stay here until 2:00, 3:00 o'clock in the morning. Mr. Plummer: Neither am I. 9:00 o'clock I am walking out. Mayor Ferre: I would be willing to discuss this from 6:00 to 9:00 o'clock, or even 10:00 o'clock, but I am not going to go much beyond that. Is that acceptable to you, Mr. Treister, Mr. Scharlin, Mr. Rice? Anybody have any objections to 6:00 P.M. on the 12th of December? Does anybody have any objections to that? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: I need to ... Mr. Rice It is going to be a long time before you get out of here on that day, I want to tell you. Mayor Ferre: I need to tell you that if we do this as a special thing on the 6th, in my opinion, it is not going to be over by 9:00 o'clock and this Commission is going to be over by 9:00 o'clock, so what you have ... Mr. Rice: Well, let's get a date where we know we can finish it. Mayor Ferre: Therefore I think that we are really to the 20th. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Let's leave it this way, Jack. Let's try to do it on the 12th. If we cannot, then we will have to roll whatever is left over until the 20th, all right? And we Will stay as long as we can on that day to see if we can solve this. Is that acceptable to everyone? So it is the 12th at 6:00 P.M. Commissioner Dawkins? Commissioner Perez? Commissioner Plummer? All right, let the record reflect that it was unanimous and the date now is the 12th at 6:00 P.M. Make it a motion. Mr. Plummer: So moved. Mr. Perez: Second. Mayor Ferre: Plummer moves, Perez seconds, call the roll. ld 7 November 15, 1984 SS-�19� CITY OF MIAMI 4f CITY CLERK REPORTS MEETING DATE: RPF.CIAL---DECEMBER 12. 1984 CITY HALL -DINNER KEY A MOTION DENYING PROPOSED SECOND READING ORDINANCE RE- QUESTING CHANGE OF ZONING CLASSIFICATION AT APPROXIMATE- LY 3471 MAIN HIGHWAY, MIAMI, FLORIDA, AS MORE PARTI- CULARLY DESCRIBED IN SAID ORDINANCE, FROM RS-1/1. ONE FAMILY DETACHED RESIDENTIAL TO RS-1/4 ONE FAMILY DETACHED RESIDENTIAL. A MOTION DENYING PROPOSED SECOND READING ORDINANCE REQUESTING CHANGE IN ZONING CLASSIFICATION AT APPROXI- MATELY 3471 MAIN HIGHWAY, MIAMI, FLORIDA. AS MORE PARTICULARLY DESCRIBED IN SAID ORDINANCE, FROM RS- 1/4 ONE FAMILY DETACHED RESIDENTAIL TO PD-MU/4 PLAN- NED DEVELOPMENT -MIXED USE. A MOTION DENYING A PROPOSED RESOLUTION REQUESTING ISSUANCE OF A MAJOR USE SPECIAL PERMIT FOR THE "COMMODORE BAY PROJECT" AT APPROXIMATELY 3471 MAIN HIGHWAY; ETC. APPROVED: MNTTIE HIRAI Assistant City Clerk 85-214. M-84-1347 MOVED: CAROLLO SECOND: DAWKINS NOES: PLUMMER & PEREZ M-84-1348 MOVED: CAROLLO SECOND: DAWKINS NOES: PLUMMER & PEREZ M-84-1349 MOVED: CAROLLO SECOND: DAWKINS NOES: PLUMMER & PEREZ C n n? CITY COMMISS1 MAYOR MAURICE A. MRE VICE MAYOR GEMt I PEREM JR. COMMISSIONER XM CAROLLO COMMISSIONER IMLLER J. DAWKINS COMMISSIONER J.L PLU1MAER4 JR. CITY MANAGER HO'WARD V. "MY MEETING DATE: December 12, 1984 CITY HALL 3500 PAN AMERICAN DRIVE f A& f E L 6:00 P.M. DENIED BY 1. ORDINANCE - SECOND READING M-84-1347 Amending the Zoning Atlas of MOVED: Carollo Ordinance No. 9500, the Zoning SECOND: Dawkins Ordinance of the City of NOES: Plummer, Perez Miami, Florida, by changing the zoning -classification o approximately 71 Main Highway, Miami Florida more articular) escribed herein from RS-11111 one famiU detached reaiden al o - one family detached Fesidential by making findings; and by making all the necessary changes on page no. 46 of said zoning atlas made a part of Ordinance No. 9500 by reference and description in Article 39 Section 3009 thereof, containing a repealer provision and a severability clause. City Manager recommends. 2. ORDINANCE - SECOND READING, DENIED BY ri-84-1348 Amending he Zoning Atlas of MOVED: Carollo Ordinance No.00, the Zoning SECOND: Dawkins Ordinance o e City of NOES: Plummer, Perez !Miami, Florida, b a an,gi�in,�g the zoningclassif ea onn off• proximate y 71 Main Highway, Miami, Florida, more earticularlx described hereinT, from - one aally etached roolden a o FD]U/4 - planned development- I!L3ted uae by making n n s; providing for mods ica ton; incorporating the preliminary development concept plan (August 150 1984) in reference; and by making all the necessary changes on page no. 46 of said zoning atlas made a part of Ordinance No. 950D by reference and description in Article 3, Section 300, thereof, containing a repealer provision and a severability clause. City Manager recommends. r� yR ; MAYOR IMAUNICE A. PERRE VICE MAYOR Owe! Pt"M JR. COMMISSIONER JOE CAROLLO i 6 COMMISSIONER ALLER.J. DAMIKIMS COMMISSIONER AL PLUMPER, JR. @0 Rum x_• y CRY MANAGER WWARO V. OMY ,I CITY COMMIS51ON AGENDA MEETING DATE: December 12, 1984 CITY HALL 3500 PAN AMERICAN DRIVE J � s. I 6:00 P.M. DENIED BY 1. ORDINANCE - SECOND READING M-84-1347 Amending the Zoning Atlas of MOVED: Carollo Ordinance No. 9500, the Zoning SECOND: Dawkins Ordinance of the City of NOES: Plummer, Perez Miami, Florida, b changing the. zoninz classification of approximately T1 Main Highway,M ami Florida more partioularlZ described herein) from RS-111fl one family etached residenfra=oRS-1/4 one family detached residentialmaking _in ings; and by making all the necessary changes on page no. 46 of said zoning atlas made a part of Ordinance No. 9500 by reference and description in Article 39 Section 3009 thereof, containing a repealer provision and a severability clause. City Manager recommends. 2. ORDINANCE - SECOND READINGi DENIED BY 11-84-1348 mendin the Zoning- as of MOVED: Caroilo Or finance o. O t Zoning SECOND: Dawkins rd nance o e City Miami . Florida, b e ing NOES: Plummer, Perez the zonin classification or Iroximate -Main ghway,am for a more articulararticularly described ere n ros - one ,' at Chad en a = anne eve o •en . - 8110d use m8 ng findings-, providing for mods ca ton; incorporating the preliminary development concept plan ( August 15, 1984 ) in reference; and by making all the necessary changes on page no. 46 of said zoning atlas made a part of Ordinance No. 9500 by reference and description in Article 3, Section 3009 thereof, tip, containing a repealer / provision and a severability clause. City Manager recommends. 0 n(y) CITY COMMISSION Ufflu CWWff& MEETING DATE: December 12, 1984 PAGE NO: 2 3. RESOLUTION DENIED BY Pertaining to the Commodore M-84-1349 Bay Project, proposed by MOVED: Carollo Howard R. Sharlin as trustee, SECOND: Dawkins for approximately 3471 Main NOES: Perez, Plummer Highway (legal description on file with the Department of Planning and Zoning Boards Administration) which project necessitates% A change in sector number from RS-111 one family detached residential to the proposed RS-1/4 one family detached residential and a change in zoning classification from the proposed RS-1/4 one family detached residential to the proposed PD-MU/4 planned development -mixed use; and further, making findings and granting deviations from the Waterfront Charter Amendment, Section 3(4) of the Charter of the City of Miami; amending the Miami Comprehensive Neighborhood Plan; ratifying the recommendation of the Heritage Conservation Board to permit development within environmental preservation district 46-5 and to grant a tree removal permit; issuing a pajor use special permiti attached hereto as exhibit "A" and incorporated by reference, making findings and approving with conditions, the Commodore Bay Project, and providing that the permit shall be binding on the applicant and successors in interest. ti� I Y ii 4� G 2 _ Mr. Treister: We hired Mr. Taft Bradshaw, a very eminent Landscape Architect who is not here tonight because we were, we had understood that we wouldn't be making this presentation, and therefore we'd like deferral. We hired another gentlemen uh a Mr. George Allen. . . Mayor Ferre: Mr. Treister, so that the record properly reflects, cause I don't want to get into a legal problem, you said you understood . . . Who led you to understand that this matter would be deferred tonight? Mr. Treister: Both the uh Planning Department and the City Attorney. And I am not trying to be critical I don't want to be adverse to those friends. Mayor Ferre: The Planning Department told you that this thing would be deferred? Mr. Treister: They thought it would be deferred. Mayor Ferre: Alright they thought it would be deferred. Mr. Treister: And the City Attorney didn't legally state that it would, but thought it would be. Mayor Ferre: Alright, on the record Mr. Rodriguez, so we can have the record Mr. Treister: I don't want to be adverse to them. Mayor Ferre: I understand that. I understand that, but I want to make sure that we don't get into a legal bind in here. Mr. Treister: Because they do a great job. Mayor Ferre: Mr. Rodriguez did you or anybody in the department that you know of at any time tell Mr. Treister or anybody that this matter was gonna be deferred? Mr. Rodriguez: As I already told the Planning Department, I would never infer that this item would be deferred tonight. Me, as director of the Planning Department. Mayor Ferre: You said that it would be deferred? Mr. Rodriguez: No. I never said that. Now as to whether any other members of my staff have indicated that, I don't know. Mayor Ferre: Would you please uh poll your staff and send a memorandum for the record to the Clerk to uh to make that clear. Now Madame City Attorney, did you tell the applicants that this matter would be deferred tonight? Mrs. Dougherty: I did not tell them it would be deferred tonight. I did tell them it was my guess that it would probably would be. Mayor Ferre: I see, allright. I think that's fair we need to get that on the record. Now, you know. Ah good. Mr. Treister: That's a fair statement and that's the same type of statement, I think, that the Planning Department gave use 16-234-26 December 12, 1984 0�� Lg �► ,� � cap`'" (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)-,., Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo ------------------------------- 0. COMMODORE BAY PROJECT. Mayor Ferre: Mr. Luft, we are now on Item 6. All right, Mr. Luft, were you the band leader here? Mr. Jack Luft: That is one word for it, I guess. I would like to take this opportunity to enter into the record the correspondence that has occurred since First Reading to this date between various civic individuals, the Applicant, the Department, and other agencies within the City of Miami and Dade County. The first item that I want to enter into the record is a memorandum from Lt. Riggs concerning the fire flow questions. It is dated October 12th and it is concerning water pressures. Following that is a letter from Kenneth Treister. Mr. Plummer: What does the memorandum say? Mayor Ferre: What are you saying? Mr. Plummer: He is reading from the letter of the questions raised by the Commission. The first one was in reference to water pressure. He said he had such a letter, and all I am asking is, what did the letter say? Then he went on to the second one. Mayor Ferre: While he is looking for the letter, let me read into the record telegrams and letters so that the record will reflect these letters: "To The Mayor and Commissioners: Please oppose Commodore Bay Project and truly represent the public interest." Mr. & Mrs. Wallace Cole. Well, I thought we were doing that. "Please vote no today on the Commodore Bay Project to give State of Florida a chance to buy and preserve for the public this key property in the heart of the Grove." Louis & Nancy Hector, Precinct 841. From Elton Gissendanner - "The Department of Natural Resources stands ready to cooperate with the City of Miami and other local interests and any effort to acquire the Commodore Bay property in Coconut Grove for public purposes. Please feel free to call on us at the appropriate time." Elton J. Gissendanner. Id 9 November 15, 1984 I understand that he has spoken to the Governor and that this also has the Governor's support even though it hasn't gone on the record. We have a letter from Mr. Eugene Massen. It reads: "I am writing to you at this time to convey my feelings for the proposed Commodore Bay Project put forth by Ken Treister. I feel that this project will develop and enhance and prove to be one of the most eagerly sought after areas to visit not only by we the Floridians, but also by visitors who will hear this project from all forms of media. Kenneth Treister, who we know due to his involvement with and development of office buildings in the beautifully detailed Mayfair in the Grove has proven in the past and continues to prove in the present that forward looking advances are a necessity for the coming times. The proposed Commodore Bay Project envisioned by Mr. Treister will consolidate these very important facts detailed further on in the letter and which whereupon careful consideration, prove to be a decided asset to continuance of the strength of Coconut Grove and Commodore Plaza have had and will continue to have upon the City of Miami, mainly one, Commodore Bay Project will create badly needed public access to the waterfront area that surrounds this section. It will be available to all. Two, Commodore Bay Project will strengthen the Village Center by bringing shops and cafes. Parking will be across Commodore Plaza. Three, Commodore Bay Project will create moderate income apartments, a total of 197 apartments for Village Center. Four, Commodore Bay Project will create artist center - the Grove House reactivated and will open pavilions for different art disciplines. Five, Commodore Bay Project will provide pavilions accompanying paintings, ceramics and photography. Six, Commodore Bay Project will open an art school run by Juanita May as part of the Metropolitan Museum of Art. Seven, Commodore Bay Project will open outreach art center, part of the which will be in the Black neighborhoods. I highly endorse this proposed project we feel that the time has come for Coconut Grove to stretch itself and become the focal point of a very unusual and beautiful area. Commodore Bay Project is well conceived and covers the needs of the community. I feel that this project will prove to be an asset and prevent the eventual takeover by the possibility of a high rise in our midst.$ Your truly, Eugene Massen, Professor of Fine Arts, University of Miami. "I am writing this letter and I am requesting that you read it into the record and make it a part of the official hearing with regard to Commodore Bay Project. I am a native Miamian and have been a frequent visitor to Coconut Grove for many, many years. Coconut Grove is in fact, my favorite part of Miami and I have placed a contract for the purchase of a home near Main Highway. I am familiar with the plans for Commodore Bay, and have had an opportunity to briefly review them. I wish to speak out wholeheartedly in favor of this project. I believe it is consistent for the City of Miami's plan to develop an urban business section where people live, work, and spend their leisure time. I have had the pleasure of visiting ld 10 November 15, 1984 I understand that he has spoken to the Governor and that this also has the Governor's support even though it hasn't gone on the record. We have a letter from Mr. Eugene Massen. It reads: "I am writing to you at this time to convey my feelings for the proposed Commodore Bay Project put forth by Ken Treister. I feel that this project will develop and enhance and prove to be one of the most eagerly sought after areas to visit not only by we the Floridians, but also by visitors who will hear this project from all forms of media. Kenneth Treister, who we know due to his involvement with and development of office buildings in the beautifully detailed Mayfair in the Grove has proven in the past and continues to prove in the present that forward looking advances are a necessity for the coming times. The a proposed Commodore Bay Project envisioned by Mr. Treister will consolidate these very important facts detailed further on in the letter and which 3 whereupon careful consideration, prove to be a decided asset to continuance of the strength of Coconut Grove and Commodore Plaza have had and i will continue to have upon the City of Miami, mainly one, Commodore Bay Project will create r badly needed public access to the waterfront area M that surrounds this section. It will be available to all. Two, Commodore Bay Project will strengthen the Village Center by bringing shops and cafes. Parking will be across Commodore Plaza. Three, Commodore Bay Project will create moderate income apartments, a total of 197 apartments for Village Center. Four, Commodore Bay Project will create artist center - the Grove House reactivated and will open pavilions for different art disciplines. Five, Commodore Bay Project will provide pavilions accompanying paintings, ceramics and photography. Six, Commodore Bay Project will open an art school run by Juanita May as part of the Metropolitan Museum of Art. Seven, Commodore Bay Project will open outreach art center, part of the which will be in the Black neighborhoods. I highly endorse this proposed project we feel that the time has come for Coconut Grove to stretch itself and become the "._ focal point of a very unusual and beautiful area. Commodore Bay Project is well conceived and covers the needs of the community. I feel that this project will prove to be an asset and prevent the eventual takeover by the possibility of a high k,j �Nr rise in our midst." Your truly, Eugene Massen, Professor of Fine Arts, University of Miami. "I am writing this letter and I am requesting that you read it into the record and make it a part of the official hearing with regard to Commodore Bay .5, Project. I am a native Miamian and have been a frequent visitor to Coconut Grove for many, many years. Coconut Grove is in fact, my favorite part of Miami and I have placed a contract for the purchase of a home near Main Highway. I am b familiar with the plans for Commodore Bay, and 3} have had an opportunity to briefly review them. I wish to speak out wholeheartedly in favor of this project. I believe it is consistent for the City of Miami's plan to develop an urban business ._ section where people live, work, and spend their leisure time. I have had the pleasure of visiting AV � 4 Id 10 November 15, 1984 -- 41 Port Banus that this project of people to life of Project wi Coconut Gri joins me i project. interest i Bierman. in Costa del Sol, Spain, and believe project will be very close to the port Port Banus. That project brings many the area who live on port who share the 3ommunity. I believe Commodore Bay .11 have the same positive result for eve and for the City of Miami. My wife .n this wholehearted endorsement of the Thank you for your attention and n the future of the City." Donald I. There is a letter from Mr. Howard Scharlin, which I will not read but put into the record, since I saw Mr. Scharlin around here and if he wishes to speak further on it, he can, and there is a letter lastly, by Marshall Harris, former distinguished legislator from Dade County that he wants read into the record, and it reads: "Recently I had the privilege of listening to some very interesting cocktail conversation concerning the zoning application pending before the city. As you probably well know, Howard Scharlin and Ken Treister are close personal friends of mine. Kenny and I served in the Miami Beach High School debating team in 1947 and 1948. I have had the opportunity by virtue of my being up in Howard Scharlin's office to see the plan that Kenny has developed for Commodore Bay. I personally cannot imagine a nicer development for that property. Property is abutted on both sides by parks, and this development would give everyone the chance to utilize the shoreline of Biscayne Bay. I find the walk way proposals very intriguing. A walkway along the shore in this area is even more appropriate than in the downtown area. I know that there are many objectors and that a major focus of their objection is traffic and congestion. Coconut Grove is congested, but this project is not going to add materially to that and the beauty of the project offsets what little congestion is added. I recommend your wholehearted support of the project and hope that the City Commission endorses it unanimously. By the way, I am enjoying my service both as your arbitrator in cable television and chairperson of the Miami Audit Advisory Committee. In both cases I have been very impressed with the caliber of the City's professional staff and I thank you for doing me the honor of appointing me to both of these positions." Very cordially, Marshall S. Harris. Now, does anybody else have telegrams or memorandums or things that need to be read into the record? Mr. Dawkins: I have all of those you read. I think I need clarification on just one, Mr. Mayor, please. Is there anyone here from Bishop Schofield's office? Mayor Ferre: The Bishop is here himself. I saw him standing in the back of the room a little while ago. Mr. Dawkins: Bishop Schofield? Mayor Ferre: Is the Bishop still here? The Bishop of the Episcopal Church? I saw him at the back of the room about 150 20 minutes ago. Is there anyone here from his office? Okay, Father, you want to stick your neck out on this one? AN 61�1 id 11 November 15, 1984 t i Mr. Dawkins: Okay, well letter here saying that . says: anyway, Mr. Treister, I have a .. and I will read the letter. It "I send this letter to you and the Commission to let you know that St. Stephens Church opposes the wall and has not in any way, shape or form requested it. Through the Vestry of the Congregation the school is part of the Church and anything requested should go through the Vestry and not through the people outside of the parish. Thank you for your attention." All I need to know from somebody or anybody what is the status of the wall? Mayor Ferre: Okay, we are going to get into all these subjects in a little while. All I am asking for now while he searches for a letter that Plummer asks him to find, and I assume that you have found it now, is to put things into the record that people have requested be read into the record since they cannot be here. I have one from Alfred Browning Parker. Do you have more for me to read? All right, that is fair. Everybody is entitled. I won't read it all. I will just put it into the record and I will read the highlights of it, or would you want to do it? All right, this is from Alfred Browning Parker. "The Commodore Bay mixed used development of the site for which it is intended are both well known to me. This project has my wholehearted approval with no reservations. We must encourage as many citizens as possible who live in our satellite urbans areas. Over a dozen years ago I presented to the Chamber of Commerce a plan to revitalize downtown Miami. Housing for thousands were proposed in megastructures to the north at the City's dock property and to the south with similar housing structures over the I-95 interchange and the land along Miami River - Ball Point, recommended for purchase by the City would have been left open, and the City docks with the deep water fingers would have remained under the megastrueture instead of being filled in for the ill-fated Bicentennial Park. This plan was well documented in the Miami Herald's Tropic Magazine of January 2, 1972. Even early than this, a planning suggestion was advanced for developing the Grove area along the Bay from St. Stephen's Church to Ransom Everglades Day School. This was intended to bring people into the immediate area with all of the urban amenities within walking distance. It could have been done and can be done in a manner that would not only preserve the bayfront and the natural charm of the hammock grove, but also introduce our community to that waterfront which they have never enjoyed and at the same time offer housing to those of moderate income. The Commodore Bay Development is an opportunity to move confidently into a future where careful planning and durable construction will not destroy our Coconut Grove Heritage, but rather fulfill its promise. There is no justification in criticizing the project on the basis of density. A high density within the immediate confines of our Coconut Grove Community would be a blessing. A very modest proposal of under 200 residential units in Commodore Bay is a creative step into the future which I hope you will support." Sincerely, Alfred Browning Parker. ld 12 November 15, 1984 You don't want me to read all of it, do you? Okay, this is David C. Neil. "Dear Maurice: As a personal friend, but more particularly as a citizen of Miami, I implore you to take a close look at the Commodore Bay Project. Living within 375 feet of the proposed multi- functional development, the residents of Abitare have sustained the rigors of 10, 20 special events per year in the Grove which block our driveways, preventing egress and ingress to our very homes. The trash and the garbage thrown each week throughout our hammock and weekly the noise and wreckless cruising of teenagers through our village - don't allow Coconut Grove to become more attractive to such nuisance. It is inexplicable to be nearby residents. How the Miami Commissioners can ride roughshod over the recommendations of the Planning and Zoning Board and play so little heed to those of us who will be directly affected. The noise level already peaks in our living rooms on weekends from Peacock Park. Now they want to bring it closer to us as a daily sufferance, which in the proposed lounge and restaurant facility, will be allowable until 3:00 A.M. each morning with no other access road but the driveway on Main Highway already constricted by historically preserved hammocks. I cannot foresee anything but increased traffic stress to the point of disaster if an emergency vehicle needs to enter or exit the project. Furthermore, who is going to protect the Barnacle from vandals if the access becomes so easy from the Bayside. An often mentioned selling point of the developer has been the great numbers of apartments and condos which will be available to "moderate income folk". They passed around the lovely photographs of Port Banus and Marbella. Maurice, you have been to both places and you know that the only moderate income people there are those of tour buses from X for the cruise on the million dollar yacht for those providing services needed by the nearby jet set condos. I am afraid the arrogance and the deception of the developers is only equaled by the insensitivity of the Miami Commission. Please, (please underlined) ask Mr. Treister to nullify the high density residential units and parking facilities when you vote no again on October 25th. Thank you for your time." Sincerely, Peggy F. Neal. Y I hope that concludes all of the letters that are being asked to be read into the record and the rest will be people speaking for themselves. All right are P 6 g , you now ready to y answer the question that Commissioner Plummer asked? ; , Mr. Luft: Commissioner Dawkins , I was approached after the 4 First Reading by Mr. Hugo Parsons and Mr. David McCrea ,. representing the parents of the children in the church xrir.= school - not the church, but the parents of the school children. They requested of the Planning Department that we put in as a requirement in the Development Order that an 8 foot wall be built along the church property line. I agreed -` to put language to that effect before the Commission today x for your consideration. Whether you want to require an 8 foot wall or not, will be up to your assessment of the various requests here. The point however, is that the church and the Bishop speaking for the church was apparently .:: � not consulted by Mr. Parsons and Mr. McCrea and the ehurc�, r;y ld 13 November 15, 1984 through the letter to you expressed its opposition to the wall being built along its property line, separating a potential project on the Commodore Bay site from the church. Mr. Dawkins: So .... Mr. Luft: So there is not a wall there today. There may be a wall if this Commission decides to accept this proposal and require that a wall be built. There may be, if you want it. Mr. Dawkins: And the walls that will be built will be built on ... Mr. Luft: On the Commodore Bay property. Mr. Dawkins: On the Commodore Bay property, but it would shield out light from the church's property. r Mr. Luft: That is right. It will separate the two properties and it was the desire of the parents of the school children that a wall be built, but it is apparently the desire of the church that there not be a wall built without conferring with the church first. Mr. Dawkins: How do we justify listening to the parents s whose children are in school instead of listening to the property owner? Mr. Luft: Well I think we will listen to everyone. It is up to you to decide who should properly speak, or where the needs lie here. Mr. Dawkins: Okay, thank you. 14 Mr. Luft: Okay, the first memorandum I have is from David Teems, Deputy Chief of Fire Inspection Services Department and the memorandum was to me dated October 12th and it expressed some concern about fire flow. Mayor Ferre: Jack, are these part of the record? Mr. Luft: No, they are not. These came after the first reading. Mayor Ferre: Are they available? Mr. Luft: They are available. Mayor Ferre: Janet just mentioned to me that she has no access to these. Ms. Janet Cooper: I went to the office yesterday and looked at the file and these were not in there. If this letter was October 12th, today is November 15th. I think there was adequate time for it to have gotten to the file. Mr. Luft: They were on my desk and I was organizing this for the presentation today. Ms. Cooper: We have great photocopying machines in the City. Mr. Plummer: Can we get copies of those now? Mr. Luft: Yes, these are all copies to be presented to the Clerk. Mr. Plummer; No, I mean to the Commission! The Clerk is not voting! ld 14 November 15, 1984 f Mr. Luft: Well, I have the memos. Yes, we can it back now, if you wish. one complete let of copies of all get copies to you, and I will send Ms. Cooper: We haven't had the privilege of seeing them or reviewing them or having the opportunity to evaluate them, come up with contrary evidence if we find it is so necessary, so technically I need to object. Mayor Ferre: Janet, I understand, and I let your objection be recorded and noted, but on the other hand, there are a lot of people that are waiting patiently here and I am not going to deny them the right to have their say for or against this project. Ms. Cooper: I am not asking that. Mayor Ferre: Okay. Ms. Cooper: I've sent all the letters and memos back to be copied. Mayor Ferre: Would then make them available to members of the Commission and put them into the record so that the public will also have availability to these letters. Now, is there anything else you want to add to that? Mr. Luft: There were several requirements or conditions that we have written into the major use special permit since the first reading, as the result of the discussions and conversations and letters and as a result of certain conditions that this Commission imposed on its motion on September 20th on First reading. The first condition was that the restaurant space be reduced by 59000 square feet, with an equivalent square footage transferred into general retail use. This was due to a request of Public Works to reduce the impact of sewers. A second provision was that artists pavilions along the northeast property lines be set back an additional five feet in the event that an access road is needed along that property in the future. Requirement that internal drives be used before exiting the property through St. Stephen's Church has been deleted since St. Stephen's is no longer participating with an access drive. Number four, access requirements for three entrance drives have been changed to require only one entrance drive intersecting Main as to the Department's proposal on September 20th. Requirements to preserve the coral rock wall along the Peacock boundary has been added at the request of local residents. Requirements to submit all final plans to environmental preservation review board have been restated in the major use permit to reinforce current requirements of the preservation district ordinance. The statement providing that no height variances shall be granted has been added as per citizen request at the meeting. Requirements for a two lane road intersecting Main Highway at Kennedy Plaza has been added as to the revised access plan. A new requirement that all construction and service vehicle access to the site be limited to the two lane road, and not along any property line or fire lane adjacent to the Church has been added, or the third lane that the primary two lane entrance road at Commodore Plaza would be single access for construction vehicles during the building of the project. A provision that the Public Works Director may request a second access drive be constructed along the property lines should this Commission so desire or request and ... Mr. Plummer: That is the third lane? And that is if it requested by ... �p Id 15 November 15, 1984 w.� 4 Mr. Luft: There is two possibilities. One, the Commission may decide to request a third lane as a condition of its approval, should it approve this at second reading, or it may approve at Second Reading and put a condition that should traffic conditions warrant at a later date, the Director of Public Works could require it to be built by the project at any time if the Commission chooses to make it a condition at a later date, as opposed to right now. A developer proffered amenities at the last reading of 250 palm trees and picnic shelters and bay walks with Peacock Park have been added to the major use permit. An 8 foot coral rock wall, requested by the parents along the property line has been added as a requirement, should the Commission accept that request. Use of Peacock Park for construction vehicle access is prohibited completely. A remote site artists pavilion to be built by the developer, or with the cash contribution within a mile of the project and to be approved by this Commission, has been added. All project construction vehicles shall be prohibited from using 32nd Avenue or McDonald Street to access the site and should be confined to major arterial roadways. That the coral rock wall, which encroaches from the park side onto the property, that the developer agree, after a building permit is issued, to dedicate that wall and any land under it, back to the City to protect that wall and that the Dade County Archeologist, Historic Preservation Division be granted prior notice to any earth moving, clearing, tree removal, ditch digging, or filling of solution holes so that he may test the site and monitor all of those activities. Those are additional requirements to the major use permit. Mayor Ferre: Anything else you want to add on the record? Does the Administration have any other statements to make? Mr. Luft: On the Historic Preservation Board, there was a hearing in June, advertised public hearing, wherein this project presented to the Board the concept plan for the development. At that hearing the Board chose to endorse the project and voted so. Subsequent to that hearing, there was representations made at the Planning Advisory Board and again before this Commission at first reading as to that Board's endorsement. It was pointed out after First Reading that there had been changes in the first plan that was reviewed by that environmental board - those changes consisting of the two lane road through the hammock. It was requested by the various individuals that we reschedule another hearing before the Environmental Preservation Review Board. The Administration declined to do that inasmuch as the road is a requirement. It is not an option and the only point of the hearing would be to consider how the road goes through, and that will be taken up at the required Environmental Preservation Board hearing subsequent to a Second Reading if this project is approved. We would however, point out that any approval by the board prior to this would best be discounted by the Commission due to the fact that they had not seen the two lane road prior to this time. Mayor Ferre: All right, are we ready to start on the other side? Mr. Treister, do you want to say something before we get started, or do you want to reserve it all for later, or what? You want to say one thing on the record? Mr. Ken Treister: Since we are handing out letter, Mr. Mayor and Commissioners, we also sent a letter to the Planning Advisory Board describing the reinforcement of the hammock that we propose to do after hopefully, we get approval, and I would like to just submit those letters to the Commission, copies of which were in the files. NP111 10 . ld 16 November 15, 1984 4 G;• Mayor Ferre: Thank you. Now, on the Commodore Bay order of speakers proposed, I have been given a suggested list of speakers who are in opposition and I will read it into the record and then we will see how many other speakers wish to be heard that are not part of this speaker's bureau, and then we will take it from there. Speakers are Huber Parsons, who will introduce miscellaneous legal procedural - Kark Muench, Citizens's traffic; Ken Bynem, Traffic Expert; David McCrea, environmental and other issues; Linda Dan, Citizens Parks; Monk Terry park and other items; Mike Simonoff, Grove and architectural items; Joanne Holshouser, Grove items; Carol Kniseley, Grove items; Thelma Altshuler, Grove items; Jim McMasters, Grove items; David Doheny, miscellaneous Grove items; and Janet Cooper, legal items. Then to close up and sum up, Marjory Stoneman Douglas. Mr. Jack Rice: Mr. Mayor, they have agreed ... Mayor Ferre: You don't look like Marjory Stoneman Douglas to me! Mr. Rice: No, I must say I am not! I wish I was, I would probably have a lot more influence! I understand that they are going to let me and my experts speak second after the introductory speaker. Mayor Ferre: Okay, in other words Parsons, you speak, is that it? So in other words, we have Rice as the second speaker. All right. Mr. Rice: And my zoning expert is Acton � Mayor Ferre: And y your zoning expert, Acton. Okay. a 1 Mr. Rice: Action with Acton. Mayor Ferre: Okay, Mr. Treister. �Ji (INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO PUBLIC RECORD) Mayor Ferre: I think that the fairness of this whole thing � is that it be balanced. You will have an equal opportunity } and whether you divide it amongst the same number of people or get twice as many or half is your problem. You organize x: and I will be happy to do the same thing for you. All right, now, I will add Grady Simkins - is that right? axt Where, after you, Joanne? All right, are we ready to start? h �Ki Mr. Huber Parsons: No, Mr. Mayor, I would like to raise a ti procedural point with you. C;yaw_ �. Mayor Ferre: All right sir, go ahead. YF ,3 ' Mr. Parsons: I am Huber Parsons. I believe that the #L Applicant has the obligation and burden of going first. .^_ Mayor Ferre: He wants a procedural question - go ahead. Mr. Parsons: I believe the Applicant has the responsibility of going forward on the matter. After all, it is the Applicant seeking major changes. I think the Applicant should go forward and I think the opponent should reserve the right to rebut. That was the thing applied for. Mayor Ferre: Mr. Parsons, that is correct. Let me tell you that historically I try to run a loose operation here and let everybody have a say so that nobody feels cheated, and I want to tell you that I don't go on this thing about AN 0 Id 17 November 15, 1984 4� 4 rebuttal and then the other party doesn't have a chance. We have speaker rebuttals, counter -rebuttals and counter - counter rebuttals and believe me, in an important issue like this, I will not deny somebody the opportunity to have their say, so everybody will have an opportunity to speak. I think procedurally that you are right and I think that the proponents should present their case and you have the opportunity to answer and then we will get into the rebuttals and Ken, to you and to your associates, we will keep careful time and everyone will have equal opportunity to say what they have to, okay? Mr. Rice: Could I just add the name Norma Post onto the list of opponents in case she gets here in time? Mayor Ferre: I will not deny anybody the right to speak. Mr. Post, Mrs. Post, Ms. Post, or anybody else. Mayor Ferre: Yes, Ma'am? You want to postpone? Well, I am afraid probably the Applicant probably wouldn't want that. Now, do you want to postpone, Mr. Treister? Mr. Treister: No, sir. Mayor Ferre: Well, I am sorry. Proceed. INAUDIBLE BACKGROUND COMMENTS. Mayor Ferre: Mrs. Douglas votes twice. Mr. Treister only votes once. Mr. Treister: Mr. Mayor, members of the Commission and Ladies and Gentlemen: I will try to make our presentation very short and is it procedurally proper, Mr. Mayor, to limit our remarks more or less to new items and then have a chance, if items come up on opponents that we would have a chance to answer on that. Mayor Ferre: Absolutely. You will have that opportunity and I would so advise the speakers that please do not go through this thing in a repetitious kind of a way. If somebody else has already said it, don't repeat the same thing fifteen times. Mr. Treister: Well, I am going to ask my friends here who are proponents to keep their remarks short and to new issues to expedite the hearing. Just to summarize our position, we are proposing to build a mixed use center in the village center of Coconut Grove. We do that with great concern with the importance of this property to the village. We want to do the following four things. We want to preserve the hammock and reinforce it. Number two, we want to create a subsidized artist center that would bring arts back to the village center. Three, we want to have a continuation of Commodore Plaza from the roads to the waterfront, bringing shops and restaurants to that public street. That street would be open to the public and would be the first commercial street in the County to allow people to shop, walk and eat along a public street to the water's edge. Fourth, we want to bring apartments, 197 apartments above these restaurants and shops in a low rise, or three story fashion above the shops, which bring needed people back to the City of Miami. The City of Miami wants people downtown. It wants people in Brickell Avenue. It needs people in Coconut Grove. There is a great fear we have of the de- population of Coconut Grove as apartments are torn down, as people are forced to leave by office buildings and other construction. I think it is very important as a Planner that we have people living in the village center. And last, we want to link the village center, the Playhouse and ANP111 1 Id 18 November 15, 1984 4 Commodore Plaza with the park system. All of these are very, very positive things that are going to enhance the City and the Village of Coconut Grove. We have worked now for almost a year on this project with the Planning Department. We are very proud of their endorsement. We have agreed to almost every condition that is asked of us. Now, on new issues. First, I would like to report that traffic is very important to us. It is important to the success of our project. It is important to the future of Coconut Grove. In addition to David Plummer, we have added two other traffic consultants - not only to help us decide whether it is a viable project, but help the City. We have added Miles Moss as a traffic consultant, who is here. We have asked Joe Rice to join our team, who is the traffic consultant that already did studies for the City of Miami and Coconut Grove. We have three traffic consultants who all have concurred that our project will not deter or add to considerably the traffic in the village center, but in some ways will actually benefit us by the inclusion of a traffic light on Main Highway, which we will build, by the inclusion of parking which we will provide, eliminating the need for searching for parking and bringing people living in the village center - those people who live in our project can walk to the Commodore Plaza, can walk the Playhouse, can walk to their boats in Bayfront Park. In addition to that, we are very concerned with the hammock, and we had a very fine hammock consultant, Mr. George Allen, who is a very famous consultant and the head of the Association for Preservation of Hammocks in Florida this coming year. We have added a Dr. Manly Boss, who is a professor of botany at Florida Atlantic University, 30 years a botanist, a professor, doctor, and a famous botanist who has studied this project and concurs with George Allen's assessment of the hammock. In summary, George Allen told the Tree Preservation Board that in eight years, if this property is left fallow and it stays without reinforcement, this hammock will die. There are so many foreign plants and what is called exotics coming in that this hammock will die. Dr. Boss agrees. We are going to, and we have put it as part of our condition of acceptance, a major replanting of the hammock. We are going to plant I forget how many major trees, many minor trees, fern, all types of native plants, eliminating the poison wood and some of the exotics. We are going to give back to the community a hammock which is having problems now and these same exotics would spread to the Barnacle and other hammock areas, so we are going to help preserve that. So. I just wanted for the record to say we have three traffic consultants that concur that traffic is not going to be seriously affected by us. Number two, we have added to our development plan a third access along the eastern property line, which would give us three lanes of traffic. Third, we have gotten another consultant, as I said, to reinforce our belief that the hammock is a good and worthwhile area to preserve. Now, there are a couple of little points that I would like to put on the record that are, I think, typographical errors in the major use permit - which we agreed to, by the way. Everything Jack Luft said that we promised, we promise again. We will do whatever we can and we will do whatever isn't even there if it is right. We live here. We have major property values here. We love the Grove, we want to do what is right, and without exception, we have agreed to anything the City has asked us to do. There is 197 units in our proposal, not 195. The required parking, because of the reduction of restaurants, is 351, not 396. In addition, I would like to answer Mr. Dawkins' request about the wall. We do not want a wall. The church, I think, according to the Bishop's letter, and I think there are representatives of the church here, do not want a wall. We were told by the Planning Department that some of the parents of the (T A P E 13) church school wanted V�. 10 ld 19 November 15, 1984 41 4 Commodore Plaza with the park system. All of these are very, very positive things that are going to enhance the City and the Village of Coconut Grove. We have worked now for almost a year on this project with the Planning Department. We are very proud of their endorsement. We have agreed to almost every condition that is asked of us. Now, on new issues. First, I would like to report that traffic is very important to us. It is important to the success of our project. It is important to the future of Coconut Grove. In addition to David Plummer, we have added two other traffic consultants - not only to help us decide whether it is a viable project, but help the City. We have added Miles Moss as a traffic consultant, who is here. We have asked Joe Rice to join our team, who is the traffic consultant that already did studies for the City of Miami and Coconut Grove. We have three traffic consultants who all have concurred that our project will not deter or add to considerably the traffic in the village center, but in some ways will actually benefit us by the inclusion of a traffic light on Main Highway, which we will build, by the inclusion of parking which we will provide, eliminating the need for searching for parking and bringing people living in the village center - those people who live in our project can walk to the Commodore Plaza, can walk the Playhouse, can walk to their boats in Bayfront Park. In addition to that, we are very concerned with the hammock, and we had a very fine hammock consultant, Mr. George Allen, who is a very famous consultant and the head of the Association for Preservation of Hammocks in Florida this coming year. We have added a Dr. Manly Boss, who is a professor of botany at Florida Atlantic University, 30 years a botanist, a professor, doctor, and a famous botanist who has studied this project and concurs with George Allen's assessment of the hammock. In summary, George Allen told the Tree Preservation Board that in eight years, if this property is left fallow and it stays without reinforcement, this hammock will die. There are so many foreign plants and what is called exotics coming in that this hammock will die. Dr. Boss agrees. We are going to, and we have put it as part of our condition of acceptance, a major replanting of the hammock. We are going to plant I forget how many major trees, many minor trees, fern, all types of native plants, eliminating the poison wood and some of the exotics. We are going to give back to the community a hammock which is having problems now and these same exotics would spread to the Barnacle and other hammock areas, so we are going to help preserve that. So, I just wanted for the record to say we have three traffic consultants that concur that traffic is not going to be seriously affected by us. Number two, we have added to our development plan a third access along the eastern property line, which would give us three lanes of traffic. Third, we have gotten another consultant, as I said, to reinforce our belief that the hammock is a good and worthwhile area to preserve. Now, there are a couple of little points that I would like to put on the record that are, I think, typographical errors in the major use permit - which we agreed to, by the way. Everything Jack Luft said that we promised, we promise again. We will do whatever we can and we will do whatever isn't even there if it is right. We live here. We have major property values here. We love the Grove, we want to do what is right, and without exception, we have agreed to anything the City has asked us to do. There is 197 units in our proposal, not 195. The required parking, because of the reduction of restaurants, is 351, not 396. In addition, I would like to answer Mr. Dawkins' request about the wall. We do not want a wall. The church, I think, according to the Bishop's letter, and I think there are representatives of the church here, do not want a wall. We were told by the Planning Department that some of the parents of the (T A P E 13) church school wanted ld 19 November 15, 1984 4 4 a twelve foot high solid wall between our property and the church. The reason I asked, and it was given that they thought that the artist pavilions, or the people that would go to the artist's pavilions would somehow jeopardize the comfort and safety, well being of the children. The City said "Would you, if the City requested, put an eight foot wall there?" Our answer is yes. If you demand that we put an eight foot wall there, we want to get your blessings. We will do whatever that takes. I think the mentality of putting a wall - a twelve, or eight or ten foot wall between our project and the adjoining church is sad. We have a beautiful hammock. We are going to have beautiful artist pavilions. We are going to have beautiful artists working there. It is going to be a beautiful thing for the children and for the community, and I think if I had a child there, I would really want the resource of an Anita May lead artist school land pavilion there, so Commissioner Dawkins, we will build it if you insist, but we would rather not, and I think the church would rather not also. I think the Commission asked us for three things at the last meeting when we were fortunate enough to get your preliminary blessing. One was a third access, a third lane. We have submitted to the Planning Department and they have approved this, an alternate road that would be parallel to the artist pavilion. It would be entirely on our property. It would be one lane. It would parallel the property line and it would join either into the circle, and into the parking, or it would go though the brick covered area that we had under the canopy of trees here to go into the property, so we now have three lanes. Two is our main lane, and the third lane is the auxiliary lane. We are prepared to do that, and that is part of our development master use permit requirement. We are going to do it, along with all of the other things that we promised. In addition to that, there was concern about fire and police access. We checked with the Fire Department, they gave us a letter saying that this access through the main road, which is the existing road, only widened, is adequate. We would have the police and fire use this lane. They could also use the second lane. And in addition to that, they would welcome and we would of course, encourage them to use, in emergency time only, the boardwalk that we will build through Peacock Park and have access through the waterfront. That would only be used by emergency vehicles and, obviously they would have the right to do that. The third item was, what about someone in our two lane road if they got a flat tire or some way and wanted to pull off to the side. We met with the Planning Department and this sidewalk that parallels our road would have a convenient place for cars to pull off. There isn't any concern that the village has that we don't have. We want the traffic to flow right. We want our people to get in and our of the property. We want the police and fire to do it. This, if we get your blessing today, we are promising you not only what we promised in the past, but will continue to make those promises because the value of this property for the community is our value. We promised, as you know, to build this art center and we are excited about it. Just let me go over that because we have met many times now with the groups. The Coconut Grove Association that puts on the art festival is part of our team. Juanita May, who heads the Metropolitan Museum is part of our team. Jean Masson, and many, many of the artists - they are here today if you want to hear some of them. What we want to do is bring artists back in a subsidized fashion to Coconut Grove. This won't happen if this project doesn't happen. Rates on Commodore Plaza to Mayfair up to $40 a foot plus maintenance. We are going to have subsidized rent that will be very, very low and at cost and therefore will allow artist's galleries and public service, non-profit artists groups to participate. We want to reconstitute the Grove ld 20 November 15, 1964 House, one of the great assets to Coconut Grove that we lost. We are going to do that. We are going to have a series of artist's pavilions, sculpture, pottery, painting, ceramics, glass blowing, open to the public - real artists working. They will be able to sell their work. You will be able to see it. It will be a tremendous asset and when our Publicity Department in the City of Miami and the Miss Universe contest and everything else which we are so proud of, telling the world about Miami - one of the things that we are going to tell them is that we have one of the unique artists communities in Coconut Grove, and we have a home here. We are going to give it a subsidized basis, a home for Pace, so we can have street musicians and street people working out of Coconut Grove for the whole community. The next item that I would like to just touch on, which is new is this idea of selling this as a park. Forgetting my developer's hat for a minute, my citizen's hat. I think that this is a good project for the community. I think that it would be a sad day if we took this project which is open to the public - it says public access, and take badly needed public funds and make it into what would probably be a passive park. We need the funds from the State to help buy the Deering Estate. If there are funds, I would suggest that the Naval Reserve Training Center, which is a potential problem, be used for the acquisition of that. The purpose of State funds to buy a park, in my opinion, should be where we want to gain public access, where we want to preserve a site that would be used not for the public use and convert it to public use. Here we have myself and Howard Scharlin, Jerry Ketcher, developers who say "We are going to make this a public activity center at our expense. We are going to preserve the Hammock and have a tram go through it. We are going to create an art center, which I don't think the State realizes that they will be robbing, or taking away from the City. I don't think really that the State, and I know they haven't called us, realizes that this would be taking away public access, would be taking away an art center, would be adding to the tax burden, obligations which we said we would do. We would reinstate the hammock. We would maintain the roads. We would put in the tram. We would do the improvements to Peacock Park. We will install the light at Main Highway. Now, we are not doing this only for ourselves, we are doing it to get your blessing, but one hand washes the other. Private industry, civic people, people that live here, hopefully people with sensitivity that we try to be, should work together and not burden the taxpayer with type of expense, but wouldn't it be sad if this becomes a passive park, and we don't have a village that now opens to the bay, that you can't walk on a shopping street to the waterfront, that visitors may not be able to go in here because the State Park isn't open all the time - in fact, it is walled in and open only certain days, and whatever else, and the bottom line is, we don't want to sell it to them. We think as civic citizens and as developers we want to develop this as a public amenity. We think putting people in the village center is important, and I don't think the State wants to rob the City of Miami of giving these people the opportunity. You can't believe how many people in the village have called me and said they would like an apartment here. I think the convenience of living on the water, having a boat, walking to the Playhouse, having breakfast in the Village Center with certain people is very, very, important and I think this Commission, this City, and the citizens here should say "We don't Want to be the last person in Coconut Grove, we want to bring other people". Everybody wants to be the last person and draw up the bridge. I think it is healthy to have people walking the streets in the Village Center. We have a very healthy village. We have got to reinforce it by these, hopefully type of projects. Basically, that is the 11� 40 . ld 21 November 15, 1984 A A.f., Mr. Parsons: I would like to request that that drawing be made a part of the record. Mayor Ferre: That is fine. There is no objection to that. Mr. Treister: All our drawings are part of the record. All of drawings have been submitted to the City. Everything we have is public and everything from here on out is public. One last general comment and then I would rather just listen. We are not coming for a building permit today. We are here at a preliminary hearing on the general concept that we are offering. We will have to go to the Tree, Preservation and Historic Board, which we welcome, and we will do it right. We will welcome anybody to come and see the trees being relocated, or new trees planted. We will have to get sewer, water, police, fire, Building Department approval. All the things that we are going to do we are going to do for ourselves and for the City because it is a team effort. We welcome the work with the Church that we have worked with in the past. We worked with the City. We worked with the Parks Department. Miami is a great City. Coconut Grove is the most fabulous place probable on the eastern seaboard. It is either going to grow positively or negatively, but it is not going to stand still. I will pledge and we have tried in the past and we certainly will do in the future, to do everything possible for the residents, for the people that live in homes. We want to keep the South Grove residential. We want to keep the North Grove residential. We want to build developments that are sympathetic in concert with the village. We are partners with the City. At Peacock Park we are going to provide parking for that. We are going to provide access to the public. We are going to work with the church. We are going to create an art community that is going to be an asset, and I think it is just one of the best things that I have ever been associated with and I pledge today that if we can get your blessing, we will make outstanding. We will make it some thing that everyone will be proud of, including all of the citizens of Coconut Grove. Thank you. Mayor Ferre: All right, we will now begin, I assume, with the opponents and then Mr. Treister, I will give you more time later on, if you want to, as the opposition makes points, you may want to have some of your experts testify. I think one of your senior advisors is whispering something into your ear. Ready? All right, the first spokesperson is Mr. Parsons. Mr. Parsons, let us find out - how much time has elapsed now? Ms. Hirai: 17 minutes. Mayor Ferre: 17 minutes, all right. Now, I am pretty sure that the 15 or 20 speakers will take more than 17 minutes. 4 I would like to keep all of you together, if possible, within an hour, and then you will have more time later on, I am sure, to rebut, but I would hope that you could all make your statements within an hour. Do you think that might be i ,Y... possible? You seen to be the introducer here. Mr. Parsons: I am sure we can try, Mr. Mayor. SY.'. Mayor Ferre: I would be grateful and I am sure everybody else would and I think Marjory Stoneman Douglas will be grateful too, as she is your anchor person here. ` Mr. Parsons: We will try and do our best, Mr. Mayor. Mayor Ferre: Sir. tg i v zn .�Y _- ld 22 November 150 1984 INAUDIBLE BACKGROUND COMMENTS. Mayor Ferre: All right, do you want to get Dr. Ryan up now to speak? Yes, sir. Are you a proponent? INAUDIBLE BACKGROUND COMMENTS. Mayor Ferre: See, the problem that we are going to have is that there are an awful lot of people that have dinner appointments and all of that, and if you have an emergency like you have to catch an airplane or you have to go to a hospital, or you have a trial to attend or something, or a funeral or something, then I would accept that, but I really don't think that it is valid because somebody has a dinner appointment, to make everybody kind of sit still, so if you have an honest to goodness emergency, I would accept it. Mr. Keith Swenson: Mr. Mayor, if I may - I am Keith Swenson. I am a member of the vestry of the church. I do have perhaps a part of ... Mayor Ferre: Is the vestry meeting tonight? Mr. Swenson: No, Monday night. Part of an answer to the question that was posed before about the Bishop's letter, and unfortunately, I do have to leave. Mayor Ferre: Go ahead. Mr. Swenson: For the record, I am Keith Swenson. My address is 1635 Nethia Drive, City of Miami. I stated I am a member of the vestry of St. Stephen's Church. I am the junior warden of the vestry, which means I am essentially responsible for property, or the real property owned by the church, that occupied by the church and of course, the church school. I also serve as a member of the Board of Trustees of St. Stephen's Day School. I am here basically to qualify and to perhaps to add some light to the statement or to the letter that was written by Bishop Schofield. I believe that Jack Luft stated the position clearly, but basically to reiterate that, the Bishop is stating that the responsibility for determining what happens on, or let's say to St. Stephen's property is properly with the vestry. The vestry has not met, or had the opportunity to consider the wall, per se. However, about a year ago the vestry adopted a statement, and I would read just the two or three sentences that I believe shed some light upon what the vestry's probably feeling about the wall would be. "We must open our resources to the community. As we provide our educational resources in a spiritual context through St. Stephen's Day School, we must make our pastoral resources more visible and available. We must share the physical beauty of our courtyards and spaces, a quite oasis in a developing city." By no means did we envision that we would want to see walls constructed around St. Stephen's A wall that was proposed originally to be as high as that clock up there, but then I understand has been lowered to something betwen the clock and the seal. I don't believe that it will be in our best interests to have that occur, but I would suggest to you and the Commission in considering this project, that if that is a matter that you are concerned about, it is a matter that you will want to make conditioned upon, and hopefully your approval of Mr. Treister's and Mr. Scharlin's project, that you condition your approval upon letting the subject of the matter be more properly discussed between St. Stephen's Day School parents and St. Stephen's vestry. Let that be discussed there. We will deal with those matters and so that you will have to be concerned on that subject. Thank you very much. Id AV 40 23 November 15, 1984 rA INAUDIBLE BACKGROUND COMMENTS. Mayor Ferre: All right, do you want to get Dr. Ryan up now -:11 to speak? Yes, sir. Are you a proponent? INAUDIBLE BACKGROUND COMMENTS. Mayor Ferre: See, the problem that we are going to have is that there are an awful lot of people that have dinner appointments and all of that, and if you have an emergency like you have to catch an airplane or you have to go to a hospital, or you have a trial to attend or something, or a funeral or something, then I would accept that, but I really don't think that it is valid because somebody has a dinner appointment, to make everybody kind of sit still, so if you have an honest to goodness emergency, I would accept it. Mr. Keith Swenson: Mr. Mayor, if I may - I am Keith Swenson. I am a member of the vestry of the church. I do have perhaps a part of ... Mayor Ferre: Is the vestry meeting tonight? Mr. Swenson: No, Monday night. Part of an answer to the question that was posed before about the Bishop's letter, and unfortunately, I do have to leave. Mayor Ferre: Go ahead. Mr. Swenson: For the record, I am Keith Swenson. My address is 1635 Nethia Drive, City of Miami. I stated I am a member of the vestry of St. Stephen's Church. I am the junior warden of the vestry, which means I am essentially responsible for property, or the real property owned by the church, that occupied by the church and of course, the church school. I also serve as a member of the Board of Trustees of St. Stephen's Day School. I am here basically to qualify and to perhaps to add some light to the statement or to the letter that was written by Bishop Schofield. I believe that Jack Luft stated the position clearly, but basically to reiterate that, the Bishop is stating that the responsibility for determining what happens on, or let's say to St. Stephen's property is properly with the vestry. The vestry has not met, or had the opportunity to consider the wall, per se. However, about a year ago the vestry adopted a statement, and I would read just the two or three sentences that I believe shed some light upon what the vestry's probably feeling about the wall would be. "We must open our resources to the community. As we provide our educational resources in a spiritual context through St. Stephen's Day School, we must make our pastoral resources more visible and available. We must share the physical beauty of our courtyards and spaces, a quite oasis in a developing city." By no means did we envision that we would want to see walls constructed around St. Stephen's A wall that was proposed originally to be as high as that clock up there, but then I understand has been lowered to something betwen the clock and the seal. I don't believe that it will be in our best interests to have that occur, but I would suggest to you and the Commission in considering this project, that if that is a matter that you are concerned about, it is a matter that you will want to make conditioned upon, and hopefully your approval of Mr. Treister's and Mr. Scharlin's project, that you condition your approval upon letting the subject of the matter be more properly discussed between St. Stephen's Day School parents and St. Stephen's vestry. Let that be discussed there. We will deal with those matters and so that you will have to be concerned on that subject. Thank you very much. AV 40 ld 23 November 15, 1984 I Mayor Ferre: Thank you, Mr. Swenson. All right, now, are we ready to start? Mr. Parsons: Dr. Ryan is back. Mayor Ferre: Dr. Ryan. Dr. Una Ryan: I am Dr. Una Ryan. My address is 3420 Poinciana Avenue in Coconut Grove. I am a long standing resident of Coconut Grove. I am an elected member of the vestry of St. Stephen's Church and I also serve on the Board of Trustees of.St. Stephen's School. My last child is still at St. Stephen's School. I know it is unreasonable to expect you to remember, but I spoke to you at this previous hearing, and I am not going to make the same points over again, but I and many members of the parish of St. Stephen's Church are strongly in favor of the Commodore Bay Project and I think that it would be a mistake to feel that the issue is really between development and no development. I think the issue is between a selfish development, or one that really will enhance the beauty of Coconut Grove. When Mr. Treister bought the property, as with any work of art or treasure, he could have had the option of knocking this out for a privileged few; in fact, he chose the option of opening it to the community, and thereby in my opinion, enhancing the safety and the beauty of Coconut Grove. Previously, without trespassing it seemed very difficult difficult to citizens or visitors to gain access either to the hammock or to the bay and it is for these reasons that as a citizen of the Grove, I very much welcome this new opportunity, but now to speak as a member, a parishioner of St. Stephen's Church, I like many of the parishioners, support the Commodore Bay Project because it coincides with the long standing plan and goals of the church, and this was to open up the church to the community and to try thereby to attract new parishioners. Now, for this, we obviously welcome the advent of new residents as neighbors. The church already has a park on one of its sides, and the prospect of parishioners and visitors having access to the beautiful hammock and to the bay through a commercial development seems to me to complete the picture as far as the church is concerned. Now, Mr. Treister's plan is one of vistas and vision, and that immediately brings me to the question of the wall. Obviously during construction I am in favor of some sort of a fence to protect the children and I am not opposed to a friendly kind of four foot wall on which the children and other people could sit, but it seems to me that an eight, ten or twelve foot wall is really just an invitation to ugly graffiti and is really a symbol of a much more unenlightened society. As the Bishop pointed out in his letter to you, Mayor Ferre, and to the Commissioners, one sentence that Commissioner Dawkins didn't read is that the primary concern of the church is that Mr. Treister's development would enhance the hammock south of the church. The wall would be another barrier to the openness of the natural surroundings. Since neither neighbor, the church, nor Commodore Bay want the wall and I think it would be a mistake to listen to people who do not represent either of those two neighbors, so I would like just to finish by saying urge you to support the Commodore Bay Project, but without insisting upon a permanent or high wall. Thank you. Mayor Ferre: All right, Mr. Parsons. Mr. Huber Parsons: Mr. Mayor and Commissioners, my name is Huber R. Parsons, Jr. My offices are located at 799 Brickell Plaza in Miami. My wife and I previously lived in Coconut Grove on Aviation Avenue. Currently we have two children enrolled in St. Stephen's Episcopal Day School, which is, as previously noted, located north of and id 24 November 15, 1984 dk a immediately adjacent and contiguous to the proposed Commodore Bay Project. I do want to speak in opposition to this proposed Commodore Bay Project. It is truly regrettable that this novel, architecturally striking and innovative development is not proposed for a suitable site. The crux of this issue is not per se, the scheme, the aesthetics, the plan or the uses of the proposed development, or for that matter, the proven track record, and how regarding which the development group is held, but rather, the impact on first, the site itself, and second, the surrounding area. Coconut Grove and especially central Coconut Grove is special and indeed, fragile area and all that truly remains of what continues to be referred to as the Village of Coconut Grove with its attendent street lights is that which will be most, and most negatively impacted by this massive development, with in terms of sheer building size, is as I understand it, in excess of 25% of the size of the new Southeast Financial Center Tower. Consequently, you will be hearing a great deal this afternoon and in no particular order, concerning the impact of this proposed development on traffic movement, or stagnation thereof through central Coconut Grove, and especially on Main Highway and Commodore Plaza. The impact of this proposed development on sidewalk street lights on Main Highway and/or on Commodore Plaza, the impact of this proposed developed on the residential, scenic, and historical corridor located along the bay to the southwest, the impact of this proposed development on real property taxes in the area, and especially on that economic and demographically fragile area to the west of the development across Main Highway. The impact of this proposed development on the the provision of city services, including police, fire rescue and sanitary sewer, finally, the interest of the State of Florida in acquiring this property for park land. For these sorts of reasons, it is apparent that a substantial majority of citizens, not directly or indirectly connected with the development group or with real estate interests in the area, oppose the proposed development. I will very briefly address three principal points. First, the matter that the applications are fatally flawed. For legal reasons, the Applications for each of the zoning changes and the proposed major use special permit are defective. Among the reasons for the foregoing, and they will be addressed more specifically by a later speaker or speakers,. are the following: one, the applications do not conform to the purposes and intents set forth in the ordinances which was enacted which resulted in Article 28 of the Zoning Ordinance of the City of Miami. Two, the applications which are before the City Commission today were not complete at the time that they should have been final. Three, taken as a whole, that which is being sought constitutes spot zoning. Four, the application for major use special permit, do not contain a developmental impact study as specifically required by the provisions of Subsection 2802.3.3 of the Zoning Ordinance, reference is and this connection specifically made to the basic categories of public services and environment. Five, the application have been materially, substantive, and other ways been amended and supplemented - for example, this site plan that is here before you today with this third lane just appeared in the last ten or fifteen minutes. Since they were originally filed, so as to make those defective and both in violation of public notice requirement. Six, the matter is not right for Commission disposition on account of the fact that the City Commission has not yet received the final recommendations called for in Section 2803 and elsewhere, of the Zoning Ordinance. These and other defects, non-conformaties, and inconsistencies indicate and require that these agenda items, including both rezoning matters and the major use special permit, not proceed, annd I ''y ep ld 25 November 15, 1984 Y;- be denied today. Second, the matter of the Heritage Conservation Board referral and recommendation - since the proposed development as now materially constituted has not been approved or authorized by the Heritage Conservation Board, the application, including both rezoning matters and the matter of the major use special permit cannot proceed. Consequently as with respect to this item alone, the hearing today should be deferred until the City Commission receives proper notification that the Heritage Conservation Board has considered the proposed development and made a recommendation. In summary, the development site is an environmental preservation district, Number 46-5, and has, at its westerly extremity, all along its perimeter, abutting Main Highway, a magnificent, virgin hammock. Apparently the Commodore Bay Development has was then proposed early last summer was taken before the Heritage Conservation Board; however, subsequent to that hearing and just on the very eve of this matter coming before the City Commission September 20th, a dramatic change occurred with respect to the proposed development and then it was revealed that due to the non -availability of the proposed three or four traffic lanes going through St. Stephen's property to the north, accessing both McFarland and Main Highway, all ingress and egress to the project would be to the westerly boundary of the property on Main Highway, consequently through the hammock and the environmental preservation district. Obviously, this considerable material change negates the effect of any prior consideration as to this matter given by the Heritage Conservation Board and specifically its resolution HC-8422 dated June 19, 1984. The Zoning Ordinance, the provisions of Chapter 179 entitled Environmental Preservation of the City Code, and other provisions of law require that there be a proper recommendation of the Heritage Conservation Board, to the City Commission, whether or not followed by the City Commission, prior to any final action being taken by the City Commission. Consequently, these matters, should for this reason alone, should be if nothing else, deferred until proper public notice and proper compliance with the law, the proposed development has been considered and acted upon by the Heritage Conservation Board. Third and final, Commissioners, is the matter of the request for analysis, investigation, and a report by the City Administration, as with respect with denial of public access to public decisional process, and to a lack of due process of law. the Commission may recall that at the hearings held, in other words, the First Reading on September 20th, at least two members of this City Commission inquired of the City Planning Department whether due to ingress, egress changes and alterations, this matter would again be referred to the Heritage Conservation Board. That occurred toward the conclusion of the Commission meeting. The question that I recall then, either stated or clearly assumed a hearing before the Heritage Conservation Board prior to this matter coming on for this hearing today before the City Commission. The response by the representative of the Planning Department to the inquiries made by the Commission member was in the affirmative. Subsequent to the City Commission meeting of September 20, 1984, but prior to October 16, 1984, principle representatives of the Planning Department specifically represented to several concerned citizens who are known to have an opponent's view of the proposed development, that the proposed development, as modified, would not - I repeat = - be taken to the Heritage Conservation Board prior to the next relevant meeting of the City Commission. The stated reasons were that one, the sign was not lawfully required; two, no contrary indication or response, had indeed been given to the inquiries made by the members of the City Commission; and three, there was inadequate time, due to public notice requirements, for the ld 26 November 15, 1984 1 0 Ob matter to be placed upon the agenda. Interested and concerned citizens in independent reliance upon these several segments made by the City Planning Department representatives, did not attend the meeting of the Heritage Conservation Board held on Tuesday, October 16, 1984. Not withstanding the statements made to those citizens, three things have in fact occurred which are irrefutable. One, the agenda of the Heritage Conservation Board did not contain any reference to the proposed development. Two, and interoffice memorandum of the Planning Department, which I have, and will present for the record, dated October 160 1984, was delivered to the Heritage Conservation Board, and presumably, although I do not know this, to each of its members; and three, at the meeting of the Heritage Conservation Board held on Tuesday, October 160 1984, a principal representative of the Planning Department addressed the subject matter of the proposed development. In connection with this one, I have a tape with me today which I will introduce into the record of that meeting of the Heritage Conservation Board. The factual circumstances outlined above in relation to the denial of interested persons of access to the decision making process, the matter of consensus building were lacking thereof, and consequently the due process of law. Mayor Ferre: Mr. Parsons, excuse me for the interruption, but my colleague says that there are a lot of people here on the Overtown Parkwest matter. We will not be hearing any other issue, I don't think, but that one in particular was deferred this morning, and I am sorry that we didn't repeat again this evening. We will not be discussing Park West Overtown. There was a request by Commissioner Perez that all of these items be deferred and that a special committee be appointed - a five member committee to study these things and recommend them before the December 20th hearing, so those of you that are here on other items, you of course may remain, but it is my opinion that we will not conclude anything other than what we are doing right now. Mr. Plummer: Mr. Mayor, for the record, that is Items 23 through 28 were deferred. Mayor Ferre: Items 17,19, 219 239 24, 259 269 27 and 28. Correct? Mr. Plummer: Correct. Mayor Ferre: We are back to you, Mr. Parsons, and I apologize for the interruption. Mr. Parsons: No problem, Mr. Mayor and I will be concluded here in about a minute and one-half. These factual circumstances noted above are in terms of a government's relationship to its citizens - outrageous and require redress. It would appear a proper and useful function that the or a planning department recommend on a professional basis and approval, whether or not with conditions, or denial of a particular proposed development. It is somewhat arguable whether the principal spokesperson for the Planning Department, in connection with the particular development should, as has obviously proved here in earlier public hearings to be the case, be a advocate of a proposed development. In fact, no less of an advocate then the applicant. However, when a department and/or a public official commits acts and omissions which deny rightful access to the public decision making process, such acts and omissions should not be condoned, and should be addressed. Consequently, this respectfully requested and petitioned that the City Commission direct and authorize the Administration through the office of the City Manager to e�5 ld 27 November 15, 1984 review, investigate and report on these matters, or in the event that such a review and investigation is under way, continue with the same and report findings to the City Commission. Please note in this connection that there is no statement or implication here by me made, or which may be inferred that there has been any kind of wrongdoing by the City Commission or any member thereof, whereby the Office of the City Manager, or any member thereof, or by personally, the Director of the Planning Department. it is desired by this request that our public institutions by strengthened and utilized such as to allow confidence in our governmental processes. Surely non of us wants less. In conclusion, the proposed applications cannot go forward on account of legal defects. Thank you for your consideration of these matters. Mayor Ferre: All right, Mr. Parsons, I thank you. That took 13 minutes. Mr. Plummer: Are you going to ask for an opinion of the City Attorney? Mayor Ferre: Yes, I think that requires it. Mr. Plummer: Because he has raised some heavy questions. There had better be some heavy answers. INAUDIBLE BACKGROUND COMMENTS Mayor Ferre: You know, that is very nice of you to sit out there and talk. I didn't hear a word you said. It is not on the record, which makes it illegal, and later on we get into problems. Now, if you want to speak, come up and get to that microphone. That puts it on the record. Your name and address for the record. Mr. David McCrea: Thank you, Mr. Mayor, you are quite right. Mr. Mayor, my name is David McCrea. My address is 6755 Royal Palm Drive. My office address is 777 Brickell Avenue. I am here as an attorney for my father, Sloan McCrea who lives at 1990 Tigertail Avenue. The point that I wanted to make to Commissioner Plummer was, we have a number of legal points that various of our speakers will be addressing, and perhaps in the interests of efficiency in letting the City Attorney hear everything we have to say, we might defer it for a few minutes. Mayor Ferre: Do you want this item deferred until you have had an opportunity? Mr. McCrea: In terms of having the City Attorney address the specific legal questions that we have. Mayor Ferre: Okay, are you going to bring up further legal questions? Mr. McCrea: Yes, sir. Mayor Ferre: Well, I think it is appropriate for you to be the next speaker, then, unless ... I think, since we have, obviously some pretty heavy legal things that have been brought up, that we get all of the legal stuff out and then the City Attorney will have to deal with the legal aspects. Mr. Jack R. Rice, Jr.: I am Jack R. Rice, Jr., attorney for Charles J. McCormick. My address is 2424 N. W. 1st Street, Miami, Florida. Mr. McCormick's address is 3370 Royal Road. He owns Lot 14, Run Road plat, Book D. Page 253, lying easterly of Main Highway and southerly of Royal Road, shown on the plat entitled the Royal Garden, plat book 20, page 3, Dade County, Florida, and it is approximately 10 acres. Mr. 000A. 486 ld 28 November 15, 1984 McCormick asks you to vote against this project. He has resided, or his family has owned property in the Grove since 1900. His family has owned the property where he resides, which is a short distance, approximately two blocks from the site that is under discussion today. I have listened to Mr. Treister, and he makes a great argument, but the problem is, he has got a great project in the wrong place, and he is taking advantage of Peacock Park, which is owned by the public and the Barnacle, which is next door, southerly of him, for use of the people that he is going to place in this location, and I think that is contrary to public policy! We can't be condemning property for public parks and public uses and then put right immediately between them, within three and one-half feet from the park on one side and three and one-half feet from the Barnacle on other sides. Mayor Ferre: Jack, I don't mean to interrupt you, but you know Mr. Parsons brought some pretty heavy legal arguments. If you have got ... Mr. Rice: I have some more. Mayor Ferre: Okay, but you are talking about non -legal issues now, and I would respectfully request that we now get to the legal aspects of it and then we can come back to the arguments such as what you are now making. Mr. Rice: Predicated upon the ordinance proposed by Mr. Treister or the City by Mr. Luft, the RS-1.1 to RS-4 takes a single family residential area and puts it in high apartment intensity. It is contrary to the RS-1.1 uniformity that has been applied from Rickenbacker Causeway south to the south City limits. It creates an unrelated district. There is nothing in that area that supports Mr. Treister's application. It is out of scale with the area because it increases and in institutes building bulk. There is no change in condition from the south city limits to Rickenbacker Causeway that would authorize this project as contemplated under the ordinance. The building is 34 to 46 feet above grade, and if you put this building in, I would like to show you what will occur. He says he is going to preserve the trees and he is going to put more trees in Peacock Park. He missed, because he is going to remove practically every tree in the hammock. Why is he going to remove every tree from three and one-half foot on the southerly side to three and one-half foot on the northerly side? ... all between that area is going to be a building bulk. He is going to take everything out of there to build the building. Now are you going to preserve the hammock and the flora if he is going to remove all of that? I think some of it goes down two stories under the ground. In addition, on the outer perimeter here, he has arts and crafts and other types of buildings. How are you going to preserve any trees there? The only trees that I know that he may be preserving is in this center area, right here towards the bay, there appears to be a circular set of trees, but everything else is going to have to be removed. Now, Number two, why is Mr. Treister permitted to set back less than 50 feet from the water? What is there about this project that permits him to have a variance from the 50 feet setback from the water? There is nothing that I could see in the record that would justify this unless you just want to give it to him because he is a nice guy. There is nothing to support that provision. Thirdly, I have not checked the F.A.R. of this site, but I have been told that the F.A.R. includes bay bottom land, and you know under the 1968 constitution the State of Florida owns the bay bottom land, unless somebody has given him title to it by deed in the State of Florida, and there is nothing in this record where I see, or where I could find that he has a deed from ld ANA 466 29 November 15, 1984 the State of Florida for the bay bottom land which is included in the F.A.R.1 Secondly, there is a coral rock fence running along there. There are two surveys, one of them, I understand was done in the 60's that shows that this coral rock fence belongs to the City of Miami. He has included that in his F.A.R. It might not be much, but it is probably 500 square foot, or 1000 square foot that gives him more building bulk in this area that he is entitled to. I think the city has an obligation to determine what it owns and to provide that any plans that is submitted by an applicant, that they can't show on his plans an F.A.R. that includes City property. By the way, I want to tell St. Stephen's they need not worry about a wall, because they are going to have the apartment house sticking up 46 feet, starting from the bay all the way down for 350 feet distance and that doesn't include all of these little so-called shops where all the artists are going to be doing something and they had better be paying about $25 a square foot, or they won't be in there and they had better be making a lot of money and on top of that, when they put this road in here, I understand in order to keep from tearing up the foliage, that they are going to to depress the road four foot. Well, what foliage are they protecting? They are digging everything out there. There is no foliage left, unless what they are protecting is what they are taking out and going to be replacing it. I am going to get to it Hold it, hold it. Mayor Ferre: You are wandering and I asked you not to do that, and I asked you to stick to legal arguments and you are talking and foliage and cover and all of this kind of stuff and you are entitled to say that, but please, stick to the legal arguments now and I am going to ask Janet to do the same thing and Mr. McCrea, and let's get on with legal arguments now. Mr. Rice: This will have a profound effect on other properties, including my client's 10 acres. He doesn't want to change it to commercial. He wants to keep it single family residential, and this application is going to grant to a special person a change in zoning that nobody along the bay front has ever enjoyed in the history of my life here, from the time the City was inaugurated in 1896. Mayor Ferre: You were here then? Mr. Rice: No, but I have been here a long time! We did it differently then. We filled in the bay. Also under the ordinance is the intent of Article 5, Section 5009 reference to neighborhood plans, commercial/residential P.D.'s violates the planned development mixed use, as it introduces intense commercial. In other words, it was intended that when you have these P.D.'s, that you utilize it for the existing zoning, which was residential. It creates a residential intense use that towers over surrounding areas and increases traffic. Article 1202, dealing with principal and accessory use, says that the zoning for the P.D. M/U must be complimentary and compatible, zoning R-S.1 to commercial is not compatible. It provides for a residential use where there is no commercial or private property, and there are no commercial on the surrounding private property along the bay front. This is strictly spot zoning. Under Section 503, Article 5, you cannot modify setback in height unless certain findings are set forth in the ordinance, and you can't alter ratios or the F.A.R., and certainly there is some playing around with the F.A.R.'s in this application. The information provided does not properly meet the requirements of the ordinance, nor does it include all information required under 510.2.3. The parking garage occupies approximately 70% of the total grant site A1' 85 ld 30 November 15, 1984 zY i -4 :i ` underground parking and 28% of the site for building above the garage. As to the resolution, it violates the intent of the waterfront charter amendment. Two, the Commission cannot amend comprehensive plans by major use special permit. You must follow Section 2804, amended by Ordinance 9649. I want go into the traffic study. We have somebody else to do that. Under 2802.3, the final application is not sufficient. The general report impact study is sketchy and provides inadequate information. It allows buildings three and one-half feet from the property line and there is no substantial question as to who owns the coral rock fence. One other thing, in looking at these plans and as set forth in the resolution, it sets a thirty-six foot height a limitation, but I noticed penciled in on the plans, appears to be ... forty-six to thirty-six ... penciled in on the plan appears to be a penthouse, and I think we ought to get that straightened out there ought to be no penthouses permitted under here. I ask the Commission to do the following: I ask that you deny the application and if you are going to let him do anything with this project, that you send it back to the Planning Director where the intensity of the use is changed, that if you are going to have apartment houses, or residential, it ought to be as on the Switman property to the south and that it not be intense ... and by the way, I want to tell you something else you are doing 1 here - you are allowing them 24,000 square feet of restaurant space, which permits them to have six liquor licenses. They are going to have more activity on this six acres than you have anywhere in the Grove, starting with McFarland Street over to Douglas Road. The intensity is just tremendous! I don't think you have given that adequate consideration. I don't think the Planning Department has even given it a thought! I now have with Mr. George Acton, who is the former Planning Director. He has a master's degree in Urban Planning. He is a member of the Institute of Certified Planners, a registered State of Florida architect and a member of the American Institute of Architects. He has 18 years experience as an urban planner and he has been director of the City of Miami Planning Department and consultant for preparation of the ordinance that we now have under review. Mr. Acton. Mayor Ferre: Jack, legal arguments ... I will recognize you for other than legal arguments later on. Mr. George Acton: I am going to address certain parts of the ordinance, but I am not a lawyer, but I can speak to certain parts that are ... Mayor Ferre: You can, and I accept that and I just ask you not to tell us about the foliage and the other things that are non -legal arguments. Go ahead, Mr. Acton. Mr. Acton: Mr. Mayor, can I ask a question? You are going to determine whether it is a legal argument in the decision to postpone this and if so, you will postpone it, otherwise Mayor Ferre: I think you were listening very carefully. Go a ahead, Mr. Acton. Mr. David McCrea: Mr. Acton has requested that I precede him as he is still in the process of organizing his materials. Before I get into the precise legal points that I want to make, I ought to say that my name is David B. McCrea. My residence address is 6755 Royal Palm Drive. My office address is 777 Brickell Avenue. I am here as an attorney for my father, Sloan McCrea who is a property owner at 1990 Tigertail Avenue and I also appear as the father of two children who attend the St. Stephen's School. Before I �w x 1 e ld 31 November 15, 1984 �2 k, , get into the precise legal points that I would like to make... Mayor Ferre: No, no, no. Mr. McCrea: Wait, the over all concept of my presentation .. Mayor Ferre: Stick to the legal arguments and I will recognize you again to tell us about your over all concerns. Mr. McCrea: Okay, I understand, Mr. Mayor. Legally defining what the developer has proposed to do over the last several months has been like nailing jello to the wall. There is a scheme set forth in Article 28 of the handling of major use special permit applications, and frankly, in this instance, it has been thrown in the trash can. Under the major use special permit, Article 28, Section 2802.3.39 the developer is required to submit prior to the time that the application is deemed final for processing, a developmental impact study. The developer is required to prepare the developmental impact study. It says the "Applicant shall submit a development impact study except as herein set out". the only exception is for a development of regional impact, which maybe we have here and maybe we don't have, but that certainly hasn't been the approach of the developer. "The development impact study shall demonstrate whether the impact of the proposed development is favorable, adverse, or neutral on the economy, public services, environment and housing supply of the City and of the region." In this case, we have had numerous different proposals concerning the traffic with respect to this project. First, we were told there would be access through the St. Stephen's property. Then we were told there would be two lanes through the hammock at the last hearing. Now we are being told there is going there is going to be a third lane. How can you possibly analyze the impact of this project on public services in this City when you don't even know what the plan is. In addition, and also with respect to the traffic, under 2802.3.2, Subsection "A", the developer is required to submit a concept plan. "The concept plan shall demonstrate not only functional internal relationships within the area to be encompassed, but shall demonstrate particularly the relationship of the concept plan to surrounding existing and proposed future uses, activities, systems and facilities." Further, the developmental impact study is required to address the environmental impact of this project. There is an environmentally sensitive hammock in the front of this property. The only thing that is in the record concerning the hammock is the tree removal study a perhaps a list of some of the species that are on the property. How can you possibly analyze what should be done in the future to protect this hammock? Mr. Treister submitted a letter earlier concerning the hammock. I object strenuously with proposed that that be stricken from the record. That is an attempt to amend the application in this case subsequent to the commencement of its processing. I object to this drawing which was presented by Mr. Treister and was labeled "Commodore Bay Site Plan". This thing has changed so many times, Lord knows what it means now, and it is another attempt to amend the application in this case, prior to its commencement of processing through the Planning Department. Further, upon receipt of the final application, the City Manager disburses various portions of the application amongst the City departments and agencies. The concept plan, in this case, as I understand it, was taken up in June of 1984 by the Heritage Conservation Board. There have been dramatic changes in the concept plan since that time by virtue of the changes in the traffic flow and by virtue of the impact of the new traffic flow on the hammock. ��`1r e5 id 32 November 15, 1984 How can we possibly know whether the Heritage Conservation Board previously addressed this plan or some other plan or what they addressed. Further, subsequent to the First Reading before the City Commission, I was told by a member of the City Planning Department that this matter would not be on the agenda at the October 15, 1984 Heritage Conservation Board meeting. In fact, it was not on the agenda, but yet, on October the 15th or 16th - I don't remember the exact date, a memorandum was submitted by Mr. Rodriguez, prepared by Mr. Luft, to the Heritage Conservation Board for the purposes of determining whether or not there had been a change in the concept, which would require this project to go back before the Heritage Conservation Board, and that was presented by Mr. Luft - no public notice, no opportunity for all of these people to stand up and scream, or do whatever they want to do. Mayor Ferre: Mr. McCrea, again ... Mr. McCrea: Bear with me, I am making these points for the record. Mayor Ferre: Problem is, I have been bearing with you and with Mr. Rice. Both of you have been skirting on the issue between legal points and points that are non -legal. I would ask you again to ... I know it is difficult to do it, I know this means a great deal to you - I know you have your heart in it, but I would ask you to please speak only to legal arguments because it is my opinion, and I wanted Lucia put on the record what you just told me because I think we are not going to vote on this today. Go ahead. Mrs. Dougherty: Mr. Mayor, I received a letter from Janet Cooper as well as listening to some of the other legal comments here tonight. I have never personally reviewed the file. I don't any of these, or some of these questions, and most of these questions can't be answered without looking at the file. I don't think they are going to be answered tonight. Mr. McCrea: Okay, let me summarize what I have just been saying. Two point that I wish to make for the record are, there is no ... this application began the processing through the City Planning Department, though the Planning Advisory Board, through the First Hearing of the City Commission without there being a complete and sufficient Developmental Impact Study. Further, the major use special permit concept plan has been changed so many times after the application was deemed to be final that it is impossible to tell what it is and we ought to force the developer to go back and start all over again and propose some thing that can be considered in a logical, rational manner. Further, the major use, special permit resolution right here that you all are being asked to consider tonight contains certain findings of fact which are without support in the record. On Page 3, Section one, Subparagraph B, it says "The City Commission finds that the project would not create adverse impact on air quality, ground water, soil, animal life, vegetation, waste water management, or solid waste disposal". It further finds that it would have a number of positive impacts. Where is the support in the record? Section one, paragraph C, "The City Commission finds the adverse impacts related to water demands, energy demands, solid waste generation, demands on public services and traffic generation will be mitigated by the conditions set forth in Exhibit A." Exhibit A is the major use special permit. The major use special permit refers to the Commodore Bay Traffic Study dated August 16, 1984 and the marketability study of Commodore Bay, dated August 19, 1984. There have been so many changes in the traffic plan of this ANA 0 ld 33 November 15, 1984 project that this traffic report right here, which, by the way does not address, as I understand it, the third lane issue is totally out of order and does not demonstrate the findings in Paragraph 1-C. Further, you are asked to find, in Paragraph D-5, "The project will have a favorable impact on the environment and the natural resources of this City." Where is it in the record? Further, on Page 4, Section 1-D, Subsection 6, "The project will not adversely affect living conditions in the neighborhood." Finally, and most importantly of all, the project would not, in Sub -paragraph 7 on Page 4 of Section 1-D, "The project would not adversely affect public safety. Finally, just to confirm the dramatic change in this project over the last several months - and on August 31, 1984, Mr. Rodriguez, in his capacity as the executive Secretary of the Planning Advisory Board wrote a memo to the Planning Advisory Board dated August 31, 1984. On Page 2 of 7, under the category "Traffic Impact", Paragraph 2, it says the following: "The second proposed traffic scheme, forcing all exiting and entering traffic from the project to the Commodore Plaza Main Highway intersection is unacceptable as it results in diminished levels of service from Main Highway traffic and probable severe backup congestion for traffic exiting the Commodore Bay project." If there is any proof that there has been dramatic changes in the concept of this plan. If there is any proof that there has been dramatic changes in the concept of this plan, compare this remark by the Director of the Planning Department, to what the Planning Department is saying now. Mayor Ferre: All right, thank you, sir. Mr. McCrea: Thank you, Mr. Commissioners. Mayor Ferre: All right, Janet, I guess you have some legal ... or George, do you have some? Mr. George Acton: Yes, I have a few points that I would like to bring to the Commission's attention. Mayor Ferre: Legal? Mr. Acton: Yes, I understand that. Mayor Ferre: Legal points. All right, go ahead. Mr. Acton: Mr. Mayor and members of the Commission, I have brought down for your review a copy of the 1977 adopted City of Miami comprehensive plan and I want you to note that in Coconut Grove from the Rickenbacker Causeway to the City limits - the colors you see in that plan are virtually all shades of yellow, with the exception of the park that exists adjacent to Rickenbacker Causeway around Dinner Key. There is no red on private property from Rickenbacker Causeway all the way down to City limits. If you adopt the ordinance that is in front of you, it would be a flagrant example of spot zoning. What you would be doing is taking a piece of property a 100 feet wide and conferring on that property special privilege that is not conferred on any other property from the Rickenbacker Causeway all the way down to the City limits. Mayor Ferre: George, how is that a legal argument? Mr. Acton: Spot zoning, Mr. Mayor, is a legal argument. Am I right, Mr. Rice? Mr. Rice: You are correct. Mayor Ferre: Former City Attorneyl (LAUGHTER) y�� ld 34 November 15, 1984 Mr. Acton: Okay, Mr. Mayor, that is point Number one. I will try to be very brief. The second point I want to make is that State Law is very clear on what a community has to do prior to the time that they enact any zoning that is not in compliance with their adopted comprehensive plan. The City of Miami has not changed the comprehensive plan to allow commercial, residential to be placed on specific property to this date. The State law is very clear that before you change the zoning, the plan must be changed. finally, Mr. Mayor, the application of the planned development mixed use in our true underlying zoning, which is supposedly RS-1, Sector 4 is not in accordance with the expressed intent of the planned development, either enabling legislation, or the planned development mixed use. Those were the major legal points that I wanted to make, Mr. Mayor. Mayor Ferre: Right, Mr. Rice? Mr. Rice: I want to remind you that that was George Acton speaking and two, that I would like to introduce at a later time both of these drawings that we alluded to, and I would like to mark them for identification. Mayor Ferre: Go right ahead, Mr. Rice. Mr. Rice: The land use plan ... (INAUDIBLE). Mayor Ferre: Janet, it is your turn at bat. Mr. Michael Simonoff: Just before then finish up the legal thing, I want to do one thing for the legal record. I want incorporate all the comments made by the attorneys and the people speaking before me, as well as any comments being i made by Janet Cooper into this record in case there may be a future look at this. f` Mr. Rice: Exhibit two for identification, the so called planned development for the property - the reason is that no one has spoken so far may have legal standing within the 375 feet radius, and I do ... Mayor Ferre: Let the record reflect that the speaker in all of this is a Mr. Michael Simonoff. All right, Ms. Cooper. Ms. Janet Cooper: Janet Cooper with offices at 169 East Flagler Street. I am very proud to be here today representing Friends of the Everglades. As you know, Marjory Stoneman Douglas is the Chairman, and the Sierra ._ Club - two very fine organizations. I am going to stick to legal issues; however, I do need to say one thing. Mayor Ferre: Quicklyi Ms. Cooper: This map is from the developer's application. Everything in red - well, let me start with what is in Orange, is the subject property. Everything in gray is identified as parks and marina. Now, the last time I looked, in the parks and marinas of the City of Miami, there >: was access to the bay. I have never seen a map that went from one end practically down to the other with as much access to the bay, and all the arguments that we keep hearing that we need this project in order to provide access to the bay in this location is a very small portion and this argument just doesn't wash. I am going to pass this and ask it to be admitted into the record. !3 Mayor Ferre: Now for the legal arguments. �1 y .;.: ld 35 November 15, 1984 !11' Ms. Cooper: First, as Mr. Acton so rightly pointed out, not only does State law require that there be an amendment to the comprehensive neighborhood plan - however, in specifics, ordinance 9500 Section 2802.7 requires "If the approval of the final application will involve a change in the adopted Miami comprehensive neighborhood plan, notice shall also be given in accord with the applicable provisions of Chapter 163.381, and 163.387, Florida statute". I just reviewed the notices both City Commission meetings. Nothing was ever mentioned about a change in the comprehensive plan. The State requirements for notice and hearing have not been met, to the best of my knowledge. In addition, I would like to point in the record to a memorandum dated September 13, 1984 to the City Manager from Aurelio Perez-Lugones, Director of the Administration Department, and in one portion of this memo, it says: "Amending the Miami comprehensive neighborhood plan". It is right here, but nobody has bothered in the record to submit a copy of the amendment to the plan, to submit any evidence to support an application. There is no application in the file for an amendment to the comprehensive neighborhood plan. There is no notice for any hearing. There is nothing. How can be this accomplished? It can't. I would have been surprised today when I reviewed that. However, I looked at the file yesterday, and now nothing surprises me anymore, because I found that you have before you Item 6 and 7 on the agenda for changes of zoning. These changes of zoning were requested by the Applicant in application dated September 14, 1984. These applications have never been heard by the Zoning Board. The City Code requires that applications submitted by the property owner or his agent be heard by the Zoning Board. I find it very interesting. I find it equally interesting that there are no separate files for applications 6 and 7. All in the information is included in the files for 8. I saw no evidence of any fees being paid for the application for change of zoning. I see two very interesting requests for changes of zoning. I am befuddled by them, actually. One is for RS-1. Sector 1, to RS-1, Sector 4. What are you allowed to build in RS-1? Single family homes! You tell me how you are going to build a single family home with a sector number of 4? When he gets that change, if he gets it, and I don't think he will, but if he gets it, all he will be able to build at that point is single family homes. Then we have a request for another change of zoning from RS-1, Sector 4 to P.D.M.U. Now, P.D.M.U. allows him to build most anything - attached dwellings high-rise dwellings, multiple dwellings, so on and so forth. This is a critical change. This is what it would permit this project. It is not the special use major permit that would permit this project. It is the change of zoning from RS-1, Sectior 4, which the property is not today to the P.D.M.U. Now, can he get a change of zoning from RS-1, Sector 4 to P.D.M.U.? I say no. He tried to that originally in his application for major use without filing the application for that change, because of course it cannot be done. It can't be done because of the specific provisions in Section 503, which states "It is specifically provided however, that where floor area and similar ratios, including land use intensity ratios have been generally established by these regulations for a particular type of district and any particular areas, the City Commission shall not act in a particular case to alter said ratio". So, you couldn't take the property from RS-1, Sector 1 and transform it into P.D.M.U., giving him what he is requesting. That is why he has to come back and file an application for the sector change first and then the change to the P.D.M.U., so we see an attempt to get around the specific provision of the code. However, there is another problem that is created by that, and that is a prohibition in Article 359 specifically Section 3514.3, which prohibits the Commission from ld 040 466 36 November 15, 1984 `P ti f- "n considering a successive change of zoning any sooner than 18 n months after a first change of zoning has been granted. a„ What I tell you is this project cannot be accomplished from the present zoning, which allows 30 single family homes, to what is being requested, 197 dwelling units - 80,000 square feet of commercial and office space and a parking garage, 1 t 00 It is not e"in itted t allegedly public, for a mos 7 cars. p under the code This is the major thrust of my argument. There are other more detailed ones, but they are included in the letter, and I would rest at this point unless you have any questions. Mayor Ferre: No, I would say that the letter would be then submitted into the record for the City Attorney to also answer when she answers generally all of the other legal arguments that have been made. Now, are there any other lawyers or people that wish to present legal arguments at this time - legal arguments? Mr. Jim McMaster: I am not a lawyer, but I have some legal arguments. If they are not, you correct me. My name is Jim McMaster. I live at 2940 S. W. 30th Court in Coconut Grove, and I am the gentlemen who brought up the question about the coral rock wall at the last ... Mayor Ferre: How is that a legal argument? Mr. McMaster: Well, I have surveys here dating from 1967 from the City line and grade office down at the City building on 2nd Street, clearly showing the coral rock wall belongs to the City of Miami. There is a companion survey *so Mayor Ferre: All right, then let the record submit that is something that needs to be legally determined. Mr. McMaster: I talked to Mr. George Campbell prior to the other City council meeting and he assured me there is no question the City's plat supersedes Mr. Treister's. Mayor Ferre: All right. Mr. McMaster: So I have these. As far as the May 31 from Mr. Campbell to everyone involved, clarification and encroachment, and clarification of ownership of submerged lands and/or submit revised tentative. That is May 31. We have a letter here from the Bureau of State Land Management dated June 6th stating that the bay bottom is vested in the State of Florida. Mr. Treister has used 34,000 square feet of bay bottom for his F.A.R. Mayor Ferre: That has already been pointed out. Mr. McMaster: I am saying that I want to introduce this letter into the record. Mayor Ferre: Okay, will you give those to the Clerk and Janet, would you give a copy of your ... you already have, all right. Are there any other lawyers or people who wish to present legal arguments at this time? Ms. Cooper: Two other brief things, if I may, that were not in my letter, but came up. First of all, we do need to file a technical objection to the submission of a new plan. I think that has been done. Second of all, I need to point out to you Mr. Tre13ter represented to you that this is a preliminary hearing, that no building permit is going to be pulled here tonight, but what you would be doing here tonight if you were to vote on this and approve it would be authorizing him to pull a building permit. It is not a 37 November 15, 1984 Al j{ preliminary hearing. It would be Second Reading on the e changes of zoning and the final hearing on the major use. Mayor Ferre: All right - legal. Ms. Carol Kniseley: I was going to make some of the arguments that Ms. Cooper made. I am Carol Kniseley. I live at 38TT Little Avenue. I am a resident of Coconut Grove and a member of the Board of Directors of Coconut Grove Civic Club, and I am pleased that Ms. Cooper brought out some of the points that we brought out at the last meeting, as members of its homeowner's association and I would like to incorporate the things she has mentioned. Many of these things are not available, as you may find, if you look at the file. Anyone can go down there and look at it and I want to really encourage the fact that these procedural guidelines for different projects and from the to be considered in the same light. Thank you. Mayor Ferre: I assume that that concludes it and now, Mr. Treister, I don't know whether you want your attorney to make a statement of some sort. I think it is quite obvious from what Mrs. Dougherty has said that she is going to need to look at the record and study all of these legal arguments. Now, do you have any problems with that? The question is, do you have any problems with the procedure? Into the record. I will repeat it. Our City Attorney, Lucia Dougherty has stated into the record that with all of the legal issues that have been brought forward and they wanted them all to go into the record so that we don't have a repetition of this again at the next meeting, okay? She is going to look, and I would recommend procedurally that after she has done it, that she invite your attorney, (whoever represents you legally in this) and all these attorneys, and I would limit it, with all due respects to Mrs. Kniseley and Mr. McMasters and the others to the attorneys, namely Janet Cooper, Jack Rice - I don't know who the other attorneys were. I am sorry - Mr. McCrea, Mr. Doney. Mr. Simonhoff: What are you limiting to attorneys, the future hearings? Mayor Ferre: Legal discussions that Lucia Dougherty will have with all of the attorneys on the legal questions. You sir, are not an attorney, but Mr. Parsons is, and he will be invited. Mr. Treister: Is it my understanding, Mr. Mayor, because of these legal questions, that we can proceed with this hearing and a vote of the Commission and if the Commission approves this, that we would then have a subsequent hearing with the City Attorney and attorneys on both sides to decide whether this has been legally done or not? Mayor Ferre: If the City Attorney tells me ... (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Wait a momentt If the City Attorney tells me that she feels comfortable with that after all these complicated legal issues that have been brought up, then I would so rule, but I think we need to be guided by her. Mr. Tre13ter: If I can just say why I think that is proper. We did, at least our intent was to follow the laws of the City and we were advised by the ... Mayor Ferre: But that is not what these people are saying. ld 38 November 15, 1984 Mr. Treister: I understand that, but I just want you to know that the City Administration in all cases has told us that we were following the procedures. Mayor Ferre: City Administration? Mr. Treister: Administration, right. Mayor Ferre: The City Administration is not the City law officer. Mr. Treister: I understand that, and we obviously want to do what is legally correct. We have been working for one year at these hearings and doing exactly what the Administration advised us was legally correct. We would like to have the permission of having this hearing heard tonight. We have people here that came to speak on the issue. We have been postponed now three times on this particular issue. We would be very happy if we were lucky enough to get the Commission's blessing on this, to submit the approval to the attorneys for the City. We would like to be represented, and if the City Attorney says that we erred or the City erred, we would then follow that mandate, or if we did not err, which we don't think we did, we obviously would not, you know, object to that. So, we would like to go on that procedure. Mayor Ferre: Lucia, there you have it. You have five attorneys bringing up legal considerations on one side. Mrs. Dougherty: Mr. Mayor, it is rather simple. Mayor Ferre: And you, at the request of the Applicant of this, that it be heard tonight and that we come to a conclusion and then let you deliberate on the legal questions after the vote. Now, you have got to give us legal guidance. Mrs.Dougher,%:, ,,,�Mr,. Treister,. I thinkit is really, in your �st#".r.. a s not to close these hearings today with,'a form v e, because what may be minor sorts of problems or deficits with your application could be cured by reason of doing something in between now and the final vote, so I would say even for your own best interests, if there are some defects, minor or otherwise, that -:you dop't forecl, e .your ability,,.to. open these proca dings nd supplement e reoordt by4 ` n' otF,aontinuing . the" hearing, ®o: .. ` Mr. Treister: With all due respects, we would prefer to hear it tonight. We do not think we have any legal defects. We have studied this now very thoroughly and we would like to hear this on its merits and we are subject to any legal findings of the Commission afterwards, or the City Attorney. Mayor Ferre: All right, the City Commission doesn't have legal findings. This is not a court of law, nor are we lawyers up here. It is the City Attorney and the courts of this community that would have legal findings. Now, there have been legal questions posed. Commissioner Plummer, who will be back hopefully in a moment, said that he wanted some legal answers. Mrs. Dougherty: Mr. Mayor, I am not prepared to give those legal answers. Excuse me for interrupting you. Mayor Ferre: That is what I thought you had said. Mrs. Dougherty: But, at the same time, Mr. Mayor, some of these things are so profound that you would be foreclosed ' from doing anything further, so I cannot advise you to take a vote on it now. You might ... Id 39 November 15, 1984 i :a Mr. Treister: I understand that, but I just want you to know that the City Administration in all cases has told us that we were following the procedures. Mayor Ferre: City Administration? 17 Mr. Treister: Administration, right. Mayor Ferre: The City Administration is not the City law officer. Mr. Treister: I understand that, and we obviously want to do what is legally correct. We have been working for one year at these hearings and doing exactly what the Administration advised us was legally correct. We would like to have the permission of having this hearing heard tonight. We have people here that came to speak on the issue. We have been postponed now three times on this particular issue. We would be very happy if we were lucky enough to get the Commission's blessing on this, to submit the approval to the attorneys for the City. We would like to be represented, and if the City Attorney says that we erred or the City erred, we would then follow that mandate, or if we did not err, which we don't think we did, we obviously would not, you know, object to that. So, we would like to go on that procedure. Mayor Ferre: Lucia, there you have it. You have five attorneys bringing up legal considerations on one side. Mrs. Dougherty: Mr. Mayor, it is rather simple. Mayor Ferre: And you, at the request of the Applicant of this, that it be heard tonight and that we come to a conclusion and then let you deliberate on the legal questions after the vote. Now, you have got to give us legal guidance. Mrs.;�Doughertykz ..,,Mr. Treister,,,. I think_ it is really in your estb sus not to dose these hearings today with a form' v , because what may be minor sorts of problems or deficits with your application could be cured by reason of doing something in between now and the final vote, so I would say even for your own best interests, if there are some defects, minor or otherwise, that, you don't forecl e .your„ ability sto. open these prooje dings nd; . supplement ` �e �record� by`potx ,continuing 'the' hearing, .. so,4 Mr. Treister: With all due respects, we would prefer to hear it tonight. We do not think we have any legal defects. We have studied this now very thoroughly and we would like to hear this on its merits and we are subject to any legal findings of the Commission afterwards, or the City Attorney. Mayor Ferre: All right, the City Commission doesn't have legal findings. This is not a court of law, nor are we lawyers up here. It is the City Attorney and the courts of this community that would have legal findings. Now, there have been legal questions posed. Commissioner Plummer, who will be back hopefully in a moment, said that he wanted some legal answers. Mrs. Dougherty: Mr. Mayor, I am not prepared to give those legal answers. Excuse me for interrupting you. Mayor Ferre: That is what I thought you had said. Mrs. Dougherty: But, at the same time, Mr. Mayor, some of these things are so profound that you would be foreclosed from doing anything further, so I cannot advise you to take a vote on it now. You might ... ld 39 November 15, 1984 Ca' 4 `F" Mayor Ferre: Unless somebody gives me other reasons, I would be guided by the City Attorney's recommendation on that. I, of course, could be overridden by three votes. Mr. Treister: Mr. Mayor, we haven't had a chance, or Mr. Luft hasn't, or the City Manager, to answer some of these legal questions which are completely - many, of which are erroneous, many of them are not true, and if this is going to proceed with another month's delay, or more months, I think Mr. Luft, or the City Manager should answer these questions, since we have been guided by their opinions as to the laws of the City of Miami for a year. Mayor Ferre: Ken, the point is that these are legal questions that have been posed. I do not think that Mr. Luft or the City Manager can answer legal questions. They have got to be answered by the Legal Department. That is why I have been trying to limit all this stuff about foliage and the wall land all this other you know, totally superflous - we spent and hour of which 20 minutes dealt with legal issues. The reason I am trying to do that is I heard very clearly that Ms. Dougherty said that she did not think that she could give a legal opinion on serious legal questions now. Mr. Scharlin: Mr. Mayor, may I say something. Mayor Ferre: Yes, sir, Mr. Scharlin. Mr. Scharlin: Just a few comments. Mayor Ferre: Of course. Mr. Scharlin: My name is Howard Scharlin. I am one of the Applicants. I live at 3615 Battersea Road, Miami. My office is at 1399 S. W. 1st Avenue, Miami. I recognize that the Commission has before it, based on the presentation of parties opposed to this application, a terrible question to face. They have - one of the major objections you have heard, as a matter of fact, is that reviewing the application has been a bowl of jello, and they couldn't pin down what we were doing. We, on the other hand, for the first time are hearing their legal objections. It is fair, they are entitled to do that, but take apart what has been said. Take apart a moment, because it is frightening for legal people to speak to non -legal people, and use a lot of section numbers and use a lot of rules and make all kinds of allegations and everyone says "My God, my God The law must be broken with that many numbers, with that many months, with that many hearings, with that many notices that have been published, or have not been published, there must be something wrong. All that smoke - fire is there someplace". Well, what have they said? They said that the mixed use procedure upsets them because they are constant changes in it, but the whole concept of the hearing procedure, and if you take apart - and I was making notes of each of the objections, and will come to Janet in a moment - you take apart what was said one thing at a time. There was a serious concern that there wasn't proper notice. First Mr. McCrea insisted that that ground plan or site plan be inserted in the record, and then he stood up and said "I want it stricken from the record because it was a change from what was originally done". But the purpose of hearings, the purpose of interplay between a developer and the City Planning Department, and ultimately the initial Planning Advisory Board, which was inserted instead of the Zoning Board, in this situation for the consideration of zoning. I don't know why, but that was the requirement. Our appearance before the Board and our dealings with the ANIN- 80 ld 40 November 15, 1984 ON `i Planning Department is "= the best possible u: public. Inherent in you had a procedure w) y! was made, you had to implication from all they couldn't nail to would never have any ordinance and it is located in any one pl ordinance in substance an application, to de the way, as an aside, has been evolving substance.) Are we community need? Is understand? And ma3 chance to understand i as I know has made an deal with all of the to enable this mixed use to evolve as e, both for the developer and the Lt - inherent is constant change. If sere everytime at each step any change go back to ground zero, which is the of the objections to the jello that the wall. If you had to do that, you forward motion. The purpose of your very good one, although it is not tee in the book - the purpose of your , is to allow a developer to present al with your professionals - (And by our law over the last two centuries °rom one of procedure to one of getting in substance what we as a everyone getting an opportunity to be the opponents haven't had their ghat was going on, but everyone as far effort to be as open as we could, to bodies at each step of the way as we should. Now, so much for changes. Whether the application was complete, did we have a development impact? Yes, there is development impact. It is difficult for the City Attorney to say here now, that we did or we didn't, but there is a very detailed study of the impact of this development on the community, and on the local residents and on the traffic. I think my partner is going to summarize. Mr. Treister: Mr. Mayor and the City Commission, I do not think it is a legal question that is posed now. If I can, Mr. Mayor, Mr. Luft has been our planner in charge of our procedures. They said we haven't done things which we did. They said we didn't submit applications which we did. I would appreciate it if Mr. Luft, or I can ... Mayor Ferre: No, sir. Kenny, you have to understand this, and Howard, I want you to listen to this. I, personally resent any implication that has been made here about honorability on the part of the developers. I think there is no proof of that; on the contrary, I think both you and Mr. Seharlin and the other members of your group have in my opinion, been great citizens of this community. I think that you are honorable men and trying to do the right thing. �0OV, 8 ld 41 November 15, 1984 T A P E 16 There are people who have a different vision of what Coconut Grove and Miami should be. They are entitled also to their opinion. I don't think any of that is the question. We are not now dealing with the merits or the substance of the is- sue as such. When Mr. Parsons started to talk and subse- quent to that, ending with Janet Cooper, there were a whole series of accusations that deal with the law that are a lot more than just a lot of numbers. Now, Commissioner Plummer, at the conclusion of Mr. Parson's remarks, said, "I need an answer before I can render a vote. Subsequent to that, af- ter several other speakers, our City Attorney said she can- not, in her opinion, give us a legal opinion on the ques- tions posed at this particular time, without spreading this further. I recommended to you, to the Applicant and to the the opponents, procedurally that Janet Cooper have a meeting amongst lawyers so that you can, after she has had an oppor- tunity to study this, so that you can all come to a discus- sion - you can argue it back and forth among the lawyers, and then at the next meeting, she will be privy to your ar- guments and she will then render a legal opinion. Now, I want to tell you, and I want to tell all those opponents that I will be guided as I have for 15 years, by the opinion of the City Attorney, and I will not accept personally, your arguments, or Jack Rice's arguments, or Howard Scharlin's arguments, one way or the other, once she has rendered a le- gal opinion on legal matters and I will be guided by what you say. Beyond that, your place is to challenge her legal opinion in a court of law, not in this political body. Now, if we get past the legal stuff that is going on here, then we could proceed to the foilage and the vegetation and the traffic and what the school says and what Friends of the Ev- erglades say, and all these other things that are important and should be brought to the record. We also have - Mrs. Dann has written me a letter which I made part of the re- cord. We have a telegram from Elton Geisendanner. It is an issue that we need to discuss. On the other hand, Mrs. Dann, I am not going to allow that subject to all of a sudden be a door, a massive door to stop this project without it being substantive in nature. In other words, Elton Geisendanner, and therefore the Governor, his boss, and the Cabinet, have got to put their money where their mouth is, because, if at the end of this rainbow, they say, well, you know, we are willing to chip in $200,000, well, that is very nice, but that won't do the trick, and we really need to have that as a real issue. If they are really talking about buying this property to add to the Barnacle as a park, then they have got to act on it in a reasonable time. We can't stall this for six months or three months, while they are thinking whether they are going to give us $100,000 or $500,000, so I think we need to follow some due process there, and it needs to be timely so that these people will have a reasonable an- swer on a timely basis. Ms. Cooper: Mr. Mayor ... Mayor Ferre: Janet, let the Applicants have their say, be- cause I have already ruled on this and ... Ms. Cooper: I just have a couple more points. Mayor Ferre: Yes, but you see, that is ... Ms. Cooper: When you are ready. Mayor Ferre: I will recognize you later on. She has made a statement and I have ruled on this. I can be overruled by three members of this Commission. ANA. 496 id 1 November 15, 1984 0 _ 4 $ Mr. Treister: Mr. Mayor, on the timeliness of this, if we agree to this, which we may have to, obviously, because you have the authority. We were supposed to be on the agenda in 5 c., June, and it was legal question, and they said the applica- to tion was not our fault, but was published wrong. We were then postponed through August and then into the fall and we would appreciate it if this could be done - the legal meet- �r ing in the next few days and we could be heard without a: week because _ FIR, Mayor Ferre: That is reasonable. I don't know whether we can hear you in a week. Mr. Plummer: No, not within a week. We don't meet again for a month. Mayor Ferre: I don't see how we can hear you in a week, but 5 I think that the meeting should be concluded and that hope- fully, the City Attorney would conclude her ... now, I want to tell you so that you don't get angry at me later on. Be- 3 yond this, once we have a legal opinion, the rest of these legal arguments are before a court of law, because this is not a competent jurisdiction to that, and only as to the procedure, do we get involved in this whole legal question. Beyond the ruling of the City Attorney, beyond that, you are y' s into a court of law, because I am not at the next meeting going to then have three more attorneys stand forward and say "Well, and this one, and that one, and we forgot to say --, that Section such and such were not discussed". That is not fair. Okay? Mr. Treister: Could we have it as soon as possible and all that? i Mrs. Dougherty: I am available tomorrow. Mr. Treister: No, I meant the ... "= Mayor Ferre: I don't see any reason why it can't be brought ,. to the next meeting, and then we will hopefully conclude it. s Mr. Treister: We will agree to that. t Mayor Ferre: All right, Mr. Treister. Yes, Ma'am. :: '.' Ms. Cooper: First of all, I also have the utmost respect for the City Staff, for Mr. Treister, who has done a lot of fine things for the community and who is very well known, and for Mr. Scharlin. He doesn't know that I know of him, ` n but through is very fine activities in another organization that he and I belong to (GASP), and I have always had tre- mendous respect for him, if for no other reason, for his work in that organization. However, I do need to point out : that I didn't overlook the fact that the Planning Advisory '- ``' - Board did meet on this issue. I didn't think that the Plan- U4° ping Advisory Board made a recommendation on the application for change of zoning. The reason I thought that is the Planning Advisory Board met on September 12th and these ap- _ plications were not filed until two days later, September 1:F 14th, so I really don't think that the Planning Advisory Board could have been substituted for the Zoning Board to have voted on the application for a change of zoning. Sec- and of all, in regard to jello and our complaint that we have been having difficulty knowing what is going on. We may have some difficulties working with a system that allows the developer to make changes at will and I am not sure that ^° that is what the code provides, but even assuming that it ti = does, we may have difficulty working with it, but if we did- CP� ,. n't object to it. What we object to is the failure to dis— -- Id 2 November 15, 19$4 seminate information - letters that were being written Octo- ber 12th that are not admitted into the public record, that are not in the file until the hearing - no opportunity to review them. The developer not submitting the plans, not meeting with the people. Mayor Ferre: Janet, the City Attorney has decided, I have ruled ... Ms. Cooper: I understand. Mayor Ferre: You are not talking to any of this. Ms. Cooper: Let me say one other thing. If Mr. Treister is so anxious to have a final decision, I can provide an oppor- tunity for him to have that by Section 3508.19 which pro- vides that the Zoning Board must hear the application for change of zoning within 60 days of the application. That has not occurred, so I think we could, if he wants a final decision, we could make a ruling that the application be ad- ministratively denied for failure to comply with that. Mayor Ferre: I thought you were going to challenge him to a dual or something - something practical! Mr. Cooper: No, no, I am just trying to be helpful and an- swer his question and solve his time problem! Lastly, I would like to ask that the record, since the condition of the record, as it stands today, be maintained in the securi- ty of Mr. Ongie. Mayor Ferre: That is fine. All right, is there anything else now? Legally, do we need to vote on this to continue for further information? Mrs. Dougherty: Yes, sir, to a time and place certain. Mayor Ferre: All right. Mr. McCrea: One more point, please, sir. I certainly hope that there has been no implication made by the people who are opponents who have been speaking to these legal issues that would impune the integrity of any individual. Mayor Ferre: I didn't think so. Mr. McCrea: Mr. Scharlin and Mr. Treister have a record of service in the community which speaks for itself, and I have in no way, shape or form impuned anyone's integrity. Mayor Ferre: I didn't say that you had. I just wanted to clarify in case somebody might misinterpret. Mr. Fraser Schuh: Mr. Mayor, may I say something briefly. My name is Fraser Schuh, and I live at 6953 S. W. 128th Place. My office address is 3000 Miami Center, 100 Chopin Plaza, Miami, and I represent David Swetland, who is the co- owner and co -developer of the Biscayne Camp Development with Mike Simonoff and I have several legal arguments to bring here today, all of which were more than adequately covered by the attorneys who spoke, however, if there is to be a hearing on these legal arguments in front of the City Attor- ney ... Mayor Ferre: Are you an attorney? Mr. Schuh: Yes, I am. Mayor Ferre: And your name again? A41A, 'g` § R s ld 3 November 15, 1984 U Mr. Schuh: Fraser Schuh - S-c-h-u-h. I would like to be included in a legal argument made to the City Attorney. Mayor Ferre: I don't mean to exclude those who are not at- torneys, but since in effect the arguments are legal, I think and you have some pretty heavy weight - and I mean that figuratively (LAUGHTER) legal talent, I think you ought to kind of depend on them. You have enough certainly to protect your interests and I think it will go easier if we get lawyers to deal with these issues that are legal in na- ture rather than otherwise, even though I do agree with Shakespeare in his opinion about lawyers. Mr. Plummer: Yes, all to do about nothing! (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: We may have to. All right, yes, sir. Mr. Plummer: Mr. Mayor, I would suggest as you said, that we would like to get the legalities behind us - that a deadline be set for any and all legal arguments to be surrendered to by the City Attorney by no later than the 29th or some date. Mayor Ferre: Or before then. J. L., as a matter of fact, we are really kind of stretching it to do this today. I really don't think that we can take any more legal arguments beyond today. Mr. Plummer: 21st? Fine. Mayor Ferre: Whatever other - all right, 21st is fine. Mr. Plummer: I am just saying that everybody that wants to surrender legal arguments do it by the 21st ... Mayor Ferre: Which is Wednesday. Mr. Plummer: Which is next Wednesday. Mayor Ferre: If you have any further arguments or any of your friends, clients or associates or otherwise, please submit them to Lucia Dougherty those things that have not been brought up, and as of 5:00 P.M. on the 21st of November, which is the day before Thanksgiving, everything is out off, and hopefully Mrs. Dougherty will have a meeting with the affected attorneys that are on the record in the following week - I would imagine towards the end of the week, so that she can be ready to give an opinion to this Commission in the first week of December, so that this Commission can then - or certainly by the 10th of December so that we can then deal with it on the zoning meeting, which will be on the 20th. Mr. Treister: Mr. Mayor, I am not a lawyer - I would appreciate it if they could have less time to put the arguments forward so that we could have time to receive them and have our attorneys review them in proper time for the hearing. Mayor Ferre: Kenny, how could you have less time than the 21st, which is 6 days from now? Mr. Treister: No, no, we need time after they submitted all their arguments to have somebody before this hearing ... Mayor Ferre: The 21st is a Wednesday, and we are not going to hear it until the 20th of December. AN". 05 ld 4 November 15, 1984 PO 62 Mr. Treister: Oh, I am sorry. In other words, the Legal >- Department ruled to that. ytti '_hR x Mayor Ferre: You are going to have four weeks to think about it argue it and look at it. Mr. Treister: There will be a hearing with the Legal ;r Department right prior to the City Commission meeting, is ' that it? ::.. Mayor Ferre: Nol I would imagine that she would call together all these lawyers in the end of November, and hopefully, she would conclude a legal opinion a week later, >' sometime in the week of the 10th through the 14th so that You Mr. Treister: Mr Mayor, how much time after the deadline <,.. that the opponents can submit these arguments, will we have before the City Attorney rules to answer those objections? Mayor Ferre: Well, I think you should have as much time as they have. Mr. Treister: Yes, but we have to get them first. If you ` I are giving them to the 21st ... Mayor Ferre: Right, and that is six days, so we will give . _ # you a week to answer everything before she concludes. That q> means she is not conclude her position legally on this until a week after that. She is going to need at least a week to think about all the things you are going to talk about. Mr. Treister: Fine, thank you. `.' Ms. Cooper: Mr. Mayor, I am leaving the country on December °rF 11th, so I would very much appreciate ... (LAUGHTER) ... I know Mr. Treister and Mr. Scharlin and his friends are very 1 unhappy about that and maybe they would like to finance my �" trip l Mayor Ferre: They would if you accept a one-way ticket! Ms. Cooper: What if I promise to come back after the hearing? But I would certainly appreciate it, and I don't think Mr. Treister would object if we were hold the hearing no later than December 10th . M Mayor Ferre: All right, they would like to have the hearing as quickly as possible! Problem is that there are five members of this Commission who ... this is a part time job, you know, and there are five members of this Commission who have got other things to do. They travel, they have families, they run businesses ... Ms. Cooper: Well, come with me on the 11 th l Mayor Ferre: But not if you have a one-way ticket! (LAUGHTER) Ms. Cooper: So far it is round trip. `3 Mayor Ferre: Sounds like an offer I can't refuse. Mr. Plummer: Mayor, I move these items 6, 7 and 8 be deferred until December 20th. Mr. Perez: Second. Mayor Ferre: There is a motion and a second. Continued, you mean. Id 5 November 15, 1984 U- 2 tr 'u Mr. Plummer: Continued to 9:00 A.M. a, Mayor Ferre: Not 9:00 A.M., because you already gave those people on 22nd Avenue ... Mr. Plummer: 3:30 P.M. Ms. Cooper: Let me ask you this. You have meetings scheduled for the 12th, the 13th and the 20th. Mayor Ferre: They are not zoning meetings. Ms. Cooper: I understand that, but we switch sometimes of necessity. If I can change my ticket to the 13th, can you `- do it on the 12th on that hearing at the least ... ;. Mr. Plummer: No, the 12th is a police hearing only. ,.a.:....,. - Ms. Cooper: Can we please set it? I really - it is tied up with a number of other people and it is not something that I have a lot of flexibility. With one or two days I do, but I �v•a- Mayor Ferre: It is a question of what the majority of this � Commission has to do. Mr. Plummer: Mr. Mayor, the only problem, if it was just coming back here to answer the legal questions, that is one x; thing, but I see a hundred people out here biting the bit that wanted to speak tonight who are not going to speak and you are talking about another five hours! Ms. Cooper: Well, I don't think you are going to have that, because I think the ruling is going to be that this application cannot even properly be addressed by this Commission. w Mr. Plummer: Don't worry about it. Just go. Ms. Cooper: Well, I might! ` Mayor Ferre: Well, you are so confident of your legal opinion, that my advice is take the trip on the 10th! Ms. Cooper: Okay, that is a deal. I am that confident. Mayor Ferre: All right, are we ready now to vote on the motion? Okay, call the roll. (NOTE: MOTION DULY MADE AND SECONDED WAS ADOPTED TO CONTINUE MEETING TO DECEMBER 20, 1984. Said motion was later rescinded and superseded by MOTION 84-1317 - see below.) x< Mayor Ferre: Now, I just don't see how we can do it on the 12th and the 13th is going to be a Regular City Commission ui meeting, which will be jam packed with things, and I think the 12th is just as important as these police things. I µ:= would hope that we would conclude this on the 12th and it is too important a hearing for us to confuse with other issues, and I know you are concerned with zoning and Coconut Grove, but you are also concerned with the Police Department and issues dealing with it. and we don't really want to any way tarnish that. But, the problem Janet, is that the rest of hard this Commission - you know, we struggled to come to an '= agreement on the 12th and 13th. As I remember, one or two of the members of the Commission are not going to be here the first week of December,�„� ld 6 November 15, 1984 1 Mr. Plummer: I won't. Mayor Ferre: All right, the police hearings, as I recall, was going to start at 1:00 o'clock?_ k- Mr. Rice: Well, you know the rest of us make a living also, and we are required to sit here all day while you go through the police hearings, that is unfair. R Mayor Ferre: That is unfair. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: What? That is between you and your fellow attorneys. Janet, there is nobody here the first week in - December, okay? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: At 1:00 P.M. to 6:00 P.M.? I have no objections to that. I really don't think that our hearing would take more than one to 6:00 P.M. I am going to tell you this, I am not going to stay here until 2:00, 3:00 o'clock in the morning. Mr. Plummer: Neither am I. 9:00 o'clock I am walking out. Mayor Ferre: I would be willing to discuss this from 6:00 to 9:00 o'clock, or even 10:00 o'clock, but I am not going to go much beyond that. Is that acceptable to you, Mr. Treister, Mr. Scharlin, Mr. Rice? Anybody have any objections to 6:00 P.M. on the 12th of December? Does anybody have any objections to that? (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: I need to ... Mr. Rice It is going to be a long time before you get out of here on that day, I want to tell you. Mayor Ferre: I need to tell you that if we do this as a special thing on the 6th, in my opinion, it is not going to be over by 9:00 o'clock and this Commission is going to be over by 9:00 o'clock, so what you have ... Mr. Rice: Well, let's get a date where we know we can finish it. Mayor Ferre: Therefore I think that we are really to the 20th. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Let's leave it this way, Jack. Let's try to do it on the 12th. If we cannot, then we will have to roll whatever is left over until the 20th, all right? And we #V' will stay as long as we can on that day to see if we can solve this. Is that acceptable to everyone? So it is the 12th at 6:00 P.M. Commissioner Dawkins? Commissioner rti Perez? Commissioner Plummer? All right, let the record reflect that it was unanimous and the date now is the 12th at 6:00 P.M. Make it a motion. Mr. Plummer: So moved. Mr. Perez: Second. Mayor Ferre: Plummer moves, Perez seconds, call the roll. �10 �,L S Id 7 November 15, 1984 x .._...... .. i if The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION N0. 84-1317 A MOTION TO CONTINUE AGENDA ITEMS 6, 7, AND 8 DEALING WITH THE COMMODORE BAY PROJECT TO THE MEETING PRESENTLY SCHEDULED FOR DECEMBER 12, 19849 AT CITY HALL, AT 6:00 O'CLOCK P.M. Upon being seconded by Commissioner Perez, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo X ------------------------------------------------------------ Mayor Ferre: I just got a telephone call from Mr. Traurig's office - on UDAG which does not involve Little Havana. The Congress building partners ... Mr. Plummer: Move Agenda Item S-3. Mayor Ferre: Is there a second? Mr. Per Second. Mayor Ferre: Further discussion? Call on >bommissioneir tem ? Call the roll S-3. The following esolution was introduced Plummer, who moved adoption: RESOLUTION NO. 84-1 A RESOLUTION APPR NG PRINCIPLE THE APPLICATION OF RESS BUILDING PARTNERS FOR SUBMIS BY THE CITY OF MIAMI TO THE U.S. EPART NT OF HOUSING & URBAN DEYE PMENT FO AN URBAN DEVELOPMENT TION GRANT, FOR THE ACQUISITION SUBSTANTIAL REHAB TATION AND CONVrNTO ON OF THE 21-STORY C RESS BUILDING AN OFFICE AND COMME AL BUILDI . (He a follows body of resolutiong omittedNt d on file in the Office of the City Cl Upo being seconded by Commissioner Perresolu on was passed and adopted by the following AYE Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. A411-11 86 Id 8 November 15, 1984 ,r� - sr r �_ -� i► � .. � . Aw ter. ..� ..._ .. .... ...+_� :k" Y; The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 84-1319 A RESOLUTION AP/LDING; IN PRINC E, THE APPLICATION LITTLE HAVANA R0FESSIONAL OFILDIN ARTNERSHIP SUBMISSIONCI OF MIAMI TO TH S. DEPARF USING 7 URBAN DEVEL ENT FOBAN DEVELOPMENT ACTION G T, FTRUCTION OF A SIX - STORY OFFI MERCIAL BUILDING; FURTHER PROV T THE RESOLUTION BECOME EFFECTIVITS SIGNING BY ALL CITY COMMISSI (Here foll s body of Nsolution, omitted here and on f e in the Offi of the City Clerk.) Upon being/ seconded by Commislq4,pner Dawkins, the resolution was Aassed and adopted by the llowing vote - AYES: Co missioner Miller J. Dawkins mmissioner J. L. Plummer, Jr. ice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES:/ None. AB%NT: Commissioner Joe Carollo COMMODORE BAY (again) Mayor Ferre: This is Mr. Treister's Commodore Plaza - Agenda Items 6, 7, and 8. Mrs. Dann. Mrs. Linda Dann: Linda Dann, 803 Anastasia Avenue, Coral Gables, 33134. Elton Gissendanner, the head of the Department of Natural Resources is very interested in helping the City, as you read in your telegram, Maurice Ferre. What he said to me in a telephone conversation inserted in the telegram too - he said the Commission has to vote to ask the State to help them. Mayor Ferre: I think that is appropriate that you ask that, and I think we have to take a position, but I think we have to let the State know that it must be a fairly quick response. I think it is unfair to hold all these people up after all this work and all this ... Mrs. Dann: I certainly agree with that totally. I am not trying to delay it in any way. I just have heard what Mr. Gissendanner asked that the City Commission has to make a request and then I anyone else who can, like the Friends of the Everglades and the Sierra Club who are more used to these things ... Marilyn, help me. Ms. Marilyn Reed: Let me clear the air a little bit here. In order for them to move, we need a resolution to indicate your interests in this. Mayor Ferre: All right. 0410 85 Id 12 November 15, 1984 low i Ms. Reed: We have to start the process with a resolution. It doesn't mean it is out in concrete at all. Mayor Ferre: All right. Is there a second to that motion =- and I think that that motion should also cover the U. S. Coast Guard building and we should ask monies for ... Mr. Dawkins: I move as amended by the Mayor. Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1320 A MOTION EXPRESSING THE CONCERN OF THE CITY COMMISSION TO THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, IN CONNECTION WITH A TELEGRAM RECEIVED FROM THE DIRECTOR, Mr. ELTON J. GISSENDANNER, CONCERNING THE POSSIBILITY OF STATE FUNDS FOR POSSIBLE PURCHASE OF PROPERTY LOCATED AT APPROXIMATELY 3471 MAIN HIGHWAY, FOR USE AS A STATE PARK, AND RESPECTFULLY REQUESTING THE APPROPRIATE STATE AGENCY TO ATTEMPT TO RENDER AN ANSWER TO THE CITY OF MIAMI COMMISSION CONCERNING THIS PROPOSAL BEFORE DECEMBER 2OTH, SINCE THIS MATTER IS SCHEDULED TO BE VOTED UPON ON SECOND READING FOR A ZONING CHANGE INVOLVING ITS DEVELOPMENT BY A PRIVATE DEVELOPER; AND ALSO REQUESTING THE APPROPRIATE STATE AGENCY TO INCLUDE IN THEIR CONSIDERATION FOR FUNDING AN ACQUISITION OF THE U.S. NAVAL RESERVE TRAINING CENTER, LOCATED ON SOUTH BAYSHORE DRIVE FOR A PUBLIC USE. by Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mr. Treister: What is the motion? Mayor Ferre: The motion says - State of Florida, if you really want to buy this property and you are serious and you want to do it timely, we are going to be voting on this on December 2Oth, you bring your money in and ... Mr. Treister: Before that. Mayor Ferre: That is right. Mr. Treister: And also the Naval Reserve Training Center would be an alternate site. Mayor Ferre: That is right. ld 15 November 15, 1984 A Ms. Reed: We have to start the process with a resolution. It doesn't mean it is out in concrete at all. Mayor Ferre: All right. Is there a second to that motion and I think that that motion should also cover the U. S. Coast Guard building and we should ask monies for ... Mr. Dawkins: I move as amended by the Mayor. Mr. Plummer: Second. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced Commissioner Dawkins, who moved its adoption: MOTION NO. 84-1320 A MOTION EXPRESSING THE CONCERN OF THE CITY COMMISSION TO THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES, IN CONNECTION WITH A TELEGRAM RECEIVED FROM THE DIRECTOR, Mr. ELTON J. GISSENDANNER, CONCERNING THE POSSIBILITY OF STATE FUNDS FOR POSSIBLE PURCHASE OF PROPERTY LOCATED AT APPROXIMATELY 3471 MAIN HIGHWAY, FOR USE AS A STATE PARK, AND RESPECTFULLY REQUESTING THE APPROPRIATE STATE AGENCY TO ATTEMPT TO RENDER AN ANSWER TO THE CITY OF MIAMI COMMISSION CONCERNING THIS PROPOSAL BEFORE DECEMBER 20TH, SINCE THIS MATTER IS SCHEDULED TO BE VOTED UPON ON SECOND READING FOR A ZONING CHANGE INVOLVING ITS DEVELOPMENT BY A PRIVATE DEVELOPER; AND ALSO REQUESTING THE APPROPRIATE STATE AGENCY TO INCLUDE IN THEIR CONSIDERATION FOR FUNDING AN ACQUISITION OF THE U.S. NAVAL RESERVE TRAINING CENTER, LOCATED ON SOUTH BAYSHORE DRIVE FOR A PUBLIC USE. by Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote - AYES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. Vice -Mayor Demetrio J. Perez, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Mr. Treister: What is the motion? Mayor Ferre: The motion says - State of Florida. if you really want to buy this property and you are serious and you want to do it timely, we are going to be voting on this on December 20th, you bring your money in and ... Mr. Treister: Before that. Mayor Ferre: That is right. Mr. Treister: And also the Naval Reserve Training Center would be an alternate site. Mayor Ferre: That is right. ld 15 November 15, 1984 4 Ms. Reed: The funds are probably ... I will call Elton and find out - I believe they will come from Land and Conservation funds, which is furnished from off shore oil leases and it is a very heavy fund, okay? It has nothing to do with the Deering Estate, which comes under the coral program - I want to clear that up. But, in order for us to move immediately and get this started, we need an ind8ication of your support and interest. Mayor Ferre: All right, out of courtesy, I think we need to Mr. Treister speak to the issue. Mr. Treister: Yes, I think this is out of order. We have for instance, Jim Apthorpe here to speak on this issue - the ex -Governor's aide. Mr. Gissendanner and the Governor we could not get by phone. We would like to speak to him. Everybody has left. Mayor Ferre: I would recommend you talk to the Governor, because that's where the issue ... Mr. Treister: We will, and we would like that opportunity and I just hope that the City wouldn't act on this so impetuously and we would like ... Mayor Ferre: No, it is not an impetuous thing, Ken. I think we really have an obligation if the State is willing to put up a major amount of money to purchase a major piece of waterfront property. The least we can do is ... and I would recommend that we word it in the following way, which I think is only fair, that the City is about to vote on Second Reading on December 20th for your application to develop it as you have proffered, that we understand from Dr. Gissendanner's telegram that there might be State monies available for the purposes of purchasing the property for that of a State park, but that in fairness to the developer, that we need a very quick response and the Second Reading is on December 20th and if we don't hear otherwise from them, that we do ask them for the money if it is available, but we do need an answer by the 20th. Mr. Treister: But, Mr. Mayor, I think that the State has not been properly informed about this project. I don't think they have been told that the Planning Department and the Administration has supported this proposition. I think they think an individual developer against the will of the people and the City Planning Department is trying to do something. I really don't think this has been presented... Mayor Ferre: Well, I would couch it that way, that the Planning Department and the Board has recommended this and it is about to be voted on and the Commission on First Reading voted favorably for it and it is about to concluded December 20th and they have until then and the City is anxious for an answer from and they are really serious in this. Now, I think it is ... I just do not see how in the world we can turn our back on Dr. Gissendanner's offer, if there is one. On the other hand, I think you are entitled to a speedy, expeditious answer. Mr. Treister: Well, I just would like the opportunity of talking to him and telling him the facts because ... Mayor Ferre: I think you should immediately. I think you should fly to Tallahassee and talk to the Governor and do everything ... I expect for you to do that and I am sure Marilyn and others will do the same. Ms. Reed: Maybe I can calm you down, Ken. This is not taking issue. You will have to negotiate with them, should ld Al-11. 4�i 13 November 15, 1984 this occur. They are required by State law two A.I.A.'s, market values involved, so don't feel afraid of this, we just need to start the process. Mr. Treister: No, we ... Marilyn, I appreciate. Number one, we will not sell to the State. Number two, we want to do the project. We think it is the best for the community. Three, I don't think the State will take property that is going to be open to the community and I don't think, four, the State would want to frustrate the art center and I don't think that the Commission, in debating whether we should have our project or a State project, in my very ... Mayor Ferre: How can you say no, for goodness sake? Mr. Treister: Well, but it wouldn't ... Mayor Ferre: If the State says that they are willing to make money available to purchase this land - it is waterfront, how could the City of Miami, not at least pursue it to a reasonable extent so that there is a reasonable answer? Mr. Treister: Well, as long as the City doesn't say there would like it to be park instead of an art center and a commercial development. If you are just saying to them ... Mayor Ferre: I cannot speak for anybody but one person on this Board, but I am going to tell you that if the State of Florida says that they have money available to purchase any piece of property, including Mr. Gould's project, okay ...? or especially Mr. Gould's property, or any other major proposed development, how in the world can this government body say that we don't want to listen, we don't want your money? We don't want any part of your money - it is unreasonable! q ;+ Mr. Treister: Mr. Mayor, it is a matter of priorities. We .;., have a Naval Reserve Training Center. I think the City should say "Mr. State, give us all the money you can, let us tp help you make a wise decision" and then the City of Miami... Mayor Ferre: I would want to put that as a part of this, that they should also consider the U. S. Naval Reserve P` Center. I think that is appropriate. I think that is an appropriate resolution. Mr. Treister: I just feel bad that our people left - I am Just staying by accident speaking to Jack, and I don't reallythink if you .. . F = Mayor Ferre: I mentioned this before we broke up and inadvertently everybody began to leave and we didn't deal with the issue. This is one voice on the Commission. ".: (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: All right, what is the will of this Commission, one way or the other? Ms. Reed: Nobody is committed, it is just to support the €...:.- ., idea. Mr. Dawkins: Well, I feel like the Mayor - if the Governor is going to give us the money, I make a motion that we ask the Governor for the money. If the Governor doesn't give us the � money, we let Mr. Treister build and even if we have the Mr. money and Treister shows us a better project, then we go with that. -- - ld 14 November 15, 1984 u KATCIILR, SCIIAIILIN AND 1,AN'ZKTTA A'TTORN[TS At LAW BANll BUILOINO UNITED NATIONAL _ IseO S.W. IrINST AVtNUIt 1 M&ANA.:'LOWUA U01'fn ,�Tttt'IION[ 2 1 3 ,2 = OCwALO MATCN[11 MICA COOL , NOWARD A. SCNAALIN JOMN A. LANZCTTA December 6, 1984 City of Miami Planning Department 275 NW 2 Street Miami, Florida 33233-0708 Attention: Mr. Sergio Rodriguez, Director Re: Commodore Bay: application for major use special permit; application MU-84-005 filed June 15, 1984. Gentlemen: l e,Applicant in•, the,. subje0t .matter has requested reconsideration 'icatioti on file by th© Planning Advisory--t3oaid,- 'and the City Commission in order to allow further full public hearings after addition of supplemental data and corrected notice procedure. We deliver herewith the copies of much of the material already in your file together with I such supplemental data as we consider appropriate to faciliatate reconsideration. Thank you for your cooperation and assistance. very truly yours, Howard R. Scharlin HRS:ps Y k Nei {i. . �nn3c�%_. .. _ . Y "C..3. -!_,Y+.'v�, . �i ,>r_ ......Y ..u'it# ..{, .�� � :�x 5.• m `�a..�A:.. � ,. > 7w 1�q Ong, -SE Ol JOJSU84 turdw YB powl vyaf lUU44b yoln JVlY & 'J J•••- - / ` t elelag)o Ing lmelW UVON IB JWI"' VAV Wednesday, December 12. 1984 k n M5A r I trot orricer who refused to identify him - morning self. Commodore Bay's project revamped Developers hope to resubmit more detailed plan today CHERYL BROWNSTEIN-SANTIAGO J*velopers of the controversial Commodore Bay �IrajCcc fiope to resubmit a revamped version of their 'iP� -to the 'Planning Advisory Board ' rather than seek final Miami City Commission approval today of .the proposed dwellings, shops and restaurants along a stretch of Coconut Grove bayfront. The Planning Appeals Board rejected a planning staff recommendation for approval of the project in a 3 to 3 vote Sept. 12, following a heated hearing that pitted developers, area artists and business owners against other residents and parents who support St. Stephen's Episcopal Day School, which is in the de- velopment area. . Supplementary information that has been added to the zoning change application may change board Questions raised by critics Include what impact It members' minds about Commodore Bay at a Dec. 19 would have on the Coconut Grove area; whether It hearing, according to Jack Luft. chief of urban design would be considered "spot zoning" because there at the Miami Planning Department, which has guided aren't similar uses nearby. whether bay bottom is developers in preparing the project. properly used in calculations for the plans. and Kenneth Treister. project architect and one of its whether the plan actually calls for two zoning three developers, received initial approval from MI- changes. rather than the maximum of one permitted ami commissioners to change the zoning from rest- by city law. dential to mixed use and obtained an exemption to The additional Information that has been added to the 50-foot waterfront setback requirement at a Sept. the application deals largely with the impact the pro} 20 meeting. But city commissioners put off final ap- ect would have on transportation facilities. general proval of the plan last month due to legal questions community services and the environment. Luft said surrounding it. Commissioners called instead for a last night. special meeting at 6 p.m. today. "Although we thought we had answered (ques- The proposed project includes 197 condominium tions) to the extent necessary for this application." units above shops and restaurants, with a aeries of re- duced -rent buildings for use by artists. Please see BAY. GA Nothing fishy about big marijuana catch CHRISTINE WOLFF "Square grouper" were plentiful yester- day off Miami Beach. Capt. Mark Quar- tiano hauled in 1,200 pounds of it without baiting a hook. But then Quartiano did something that would make his mama proud. He radioed the Coast Guard about the dozen 100- pound square bales of marijuana lying dripping on his deck. then he ferried his load to the Miami Coast Guard station. -I'm pretty honest." he admitted later. "I know I could have bought 10 new boats arts, tun*'t..f!-i�.a._ .___... '-- _ _- _1 marijuana bales out its side door. "They came one at a time. It was rain- ing bales." he said. "Two minutes later, there were bales all over the place" The pair snagged about a dozen of the floating packages, which were wrapped tightly in burlap and plastic with a big X and O on the sides. One bale had a hole in the side. Quartiano said — as if someone had reached in and grabbed out a handful of the illegal weed. "It was pretty good pot. We were get- ting high just smelling it," he said. . The speed boat. meanwhile. also moved in, picked up some bales and sped away. �4t, A"C""d Fro. B 8 Wet kiss Of WC-larted choking asher- Cappa. 8 Johanna Devlin, lethod of applying 1 material from the 3er washer came out. BAY, from SA Luft said of the Impact issue' "we went back and added supplemen- tary information to fully respond to the (critics') questions that we had not addressed." t zoning" Luft dismissed the .,spot issue. He said that claim didn't ap- ply to the request for a residential and commercial rmit for the property which is curren- ly zoned for residential is six -acre project area Barnacle ed by Peacock Park, the Bard the state historic site, the bay It Coconut Grove business could be considered an extension of the commercial area. he said. Luft said the de elope lam agreed not to use Y the calculations and said the zon- is playing Scrooge 1 #supply, keeping interest rates �h and dampening consumer listmas spending. bes ite recent gains in the 4dy money supply. Regan said t not enough money is being ing changes. have been properly requested. because they are being made at once, rather than consecu- tively Treister said city come Ling that issioners will be told at•today the developers will submit the supplementary information to the Planning Advisory Board - ,,we're going to tell the city we're going to clear up the ambi- guities:' he said last night- "We're going to tell the city we're going back to the Planning Advisory Board for another hearing to clear up these technicalities-" d t one critic. attorneu McCrea, last nib questioned be resub- whether the project can mitted to the Planning Advisory put into circulation. Were the central bank supplying more money to the banking sys- tem, he said, interest rates would come down and lead to a revival in consumer buying. . PLUG INTO 'ng in sight and sound, you should advertise in *etplace. one of Miami's mass circulation ?ch for the home and car. Hers who are plugged into the electronic revolution, wth Florida, be certain to advertise in the ilc Marketplace 9 Boara now. ••My reading of the city zoning ordinance is that there is no specif- ic provision that allows an appli- cant that has progressed as far as this one toAbe dvisory eBoard " said to the planning McCrea. who Is also a St. Ste- phen's School parent. to the at point in time do we say de- veloper. You have failed to submit the required materials — ing denied. McCrea. who plans to attend to - days meeting at Miami City Hall. said that if the developer wants to submit a new zoning application, it should fast withdraw the exist- ing one. The hitch. however. is a re- quired 12-month wait for resub- mission of a project that Is sub- stantially similar to one that has been withdrawn. Lutt defended the inclusion of additional information in the appli- cation. •*The critics _ said. "So there can ways ... have it both : part of the be no question on the critics, we're going back to the Planning Advisory Board 1 re- peat the process. ..If we go back and repeat the process. then they raise the ques- tion that it's too late. Luft said. ••it's never too late to go back ... What's happening is that the appli- cant and the city are making abso- lutely sure that all questions and observations raised can be fully answered." SK ONG» &13 rowNT pLUSMEETBOBSCNeNAR� ATB.DALI�ON. S i !'r.a aM Mep k (CI. F lei y z a A r ■t�l. t I14Z� Q,pLLttJG GttIC.4C• � + , t: ! Z4 4 s �e-x- x� rt 7 # q x .t _ icimp— DFT C-4*�Tw.ot- (<leg ILL-F-C-1 nm oil 0 '� l A ;2 t) J tl Az It __ I A x. 11 MME i tfl. O II w I4 ii e-: c -r tr � � PAC WAPZ� Bit &I. l_AjCMftr4tS O STWU4rTU gjp&. W_" Mtr-OLMSP ZW66t_ C.o%.A PL*41r %n'T4 74atsC CaF.WVLltA.1_ �4*'TWS C d 4 L r_4 s vTw"CXwl -6-rOTZIM15 'WIT" MOXJ& T*AA4 WOO '*P&F- SB L. 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FROM STRUGT. ,4. r. � ln} -414 ()/A 400 OF M 1AF-ALIA AMP) TIGHT CLOW" .NORMALLY CLOSED- OP AIR IMTAKF-- t'TYPJtAL), apput4r, vl0• ISAM.•(,TY AM P" •w yFi SCALE. - I ES's 4 DOWNTOWN MIAMI MAI 1: Aw MIL7 ro LTF MOTOP OPER-CFAIL CLO SUR FO It T16447 LiAMPPER MPPk TO CPF-RAkTF- -tA- C4RC_-) M0%LC- Mb,.Uf LOb-F-U -As F TO opeyA C*4 ED#.AOKF- CbNM. (T Y P) ALARM c-C*40ITiON %=VK ZOt4rr. OlAk INJF-C-TIOM FOR SMOKE r_1%/AX_u^T%Om F.-oX H AUST CON No, D ETAlt CANTER FL ORIDA r a 1m ' M 414 &AAJAB f M1 �. � I , 417 .r3 cl 6F-1 - - 1 �..r� LA%t-Q - WVAC �5 t�1 �F Ito RuM 77 — \ 5U:5 P. LL.C, ,r DIFFU ND i_ i 3dF'4�w�. .i,•nw yi �. ..,,_ ,4•...r .+ p. .. ,.. -. t •� �,.�.tii .. � s � •': d .._ �� � 1r= pow 4=Jai chapiroArchl! • � c3D �. is to ♦.— Y 50-00 x it -cr 4OLWFk ABOVE DOOR BY Ofi11ERS - t;TYi? ALL 41ORE r-ROWITS oPEti Td ST11QW)�--' TIGHT CLOWRE AUTOMATIC DAMPER FULL 91tr OF LOUVER — NORMALLY VLOSED - OPEN FOk Wk'IKE PURGE MAME.-JP AIR INTAKE. (TYPICAL) jYVERN Sfi!'tt. AMS =— -•- -- _ . ._ 12 FLEX DUCT ^PAP P-0. TO REC-T. ws I Ft � 21 X � �-u V e:pr 7 '__ v- M _5w V8' M*r(Ew. . DETA i L 6 �M•�.,'-�s-, !'3'. �.iAtY"'Ny,• •�rS'�:.'4 Fgi`s.•J+Z1�!`•Vi[O!�}� ry Project No D 16 SHEET Drown by A-F. f ipproved S.M• , M-2 847 NW tl',i ciTRFF I 'uIT[ 201 AIA NORTH MIAMI, FLOWE►A 331CH A0 LT p � I I r v . 4' _ a f' MV TYP. O!A '%',✓' V G•p(dtJ. Srp, SELOW V&TJKIL C*4 . rtA 10 Sly Yf F;1.0 0 r. �X 200 CFM t T OJA- 200CFMWOOD ��.. Pitdel OVtls1 y5 t K106K 4r r # Soo QF y� • 4; rC �i t. ^.V a IM pp d7x a Y'n•. i 4' . +. - �x 4 bTE ----- MOTbiZ bR�ili�.'T1riHT ZRAL LFI64•_ M-2 D�►MI:'@R "apt ^LVY OPEN t0 W.O�E _ /^ otil SMOKI+ �.A.�M Gi�Np1T1C►'N. ,,,,- 20 ,! o/A UP. • TO BAN t=�iOM Q�l3 11 1 Amo FOR MAKE- - LKAL. F20M EMQR . 00"V • r up INit.*`i�0 OdCi's 4 , G 4200 _FM To IbT 1• ? ri • � � �--- is / --_ IT -60 7•-O" - - -' Y ° �,_ ,. fi+ �( • • ? .tom � ' +� 4�= AOKI *' N MM �48 n ar w = _- ?: vi . tom_ . + C-MA T40"T SIAL C�WP%Ik t7 ,CsPt'N iDN iMbti'4�h. A1,AP{tH t MAKE- !IP*ACA OE ATED FOR HOOD IIAUY}T { 1111 'fi{OiFYC'v wAva-UP Alit FOR skas-mul ANi t i FfJR low ExNAtler 4 t400106 IN KICI „ t 12XIOUPJx SV- 200 CJPIAAroxis vN via! OIA- ZOO ao. ai.. T KIOSK r _ KIOSK ' 1 Ar410# 0.ORAIN UP* DN tot . 4 Y.41- � t:XR Loop JV J. G ulRib •9 vo 40 z-yd, VD IZtili ..: ' Y. "' iitfib r IZX(o i2jt(o ' Y h... � is r .ai■y■ It '. • �Tx .eD. _ "i , s T s� h,4 f" < pf� - - -'- Soo t*K m +'.�Iw �' � � f:�,• rn � , �• , ` + _ f• � �tI r � •L'1�r�yta�., 1'r � 1 • .` F l�il�b; �P��T }! r ill o.� . ��' 11��? �:�` •� boa Mix t. . -tl�,. _ W• as,• r_a� f.�.u..a� Lii�YtiYI - i't � ;�(-�s .. a 14 Fr . R c7 ► r ram. ��ri �FA: k, k., -k-)EU FC_,K NvaKE AtR V,V V%OSKS (4; ®© I1•, FkrAA%J,T5 FOR K10%pKS Al,. 3MoKE F-,KHAUST MAKE -UP 0UT': IDG A1NEC T ION TO TF NAt4 T _�PAr_E t r NANT TO IDV- BYPASS AFZRC�•T. DF-vAll-EC: 1N vTlwc, M-2 . • , 'ti ` [ i , 9'.1. 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BOX 3859 • rl k ,•R�4 .' •,.t .'` •; MIAMI-' y.� 1. ,� � �.• '�' • i' , ' Y t." + r k y +� .n. �- f : � S•X ,�. -84 3 1 tie•'9 ?' +.Ov 4e . .. ; 'S �¢ f fi" � r � r'K4rc ��- �f • ..,_.. + — ai 1~1.&.4.1GHTtNCs , i C,►t 1M 0 TP IOO H$-WS' 9VALL / b*f L N:lB.3li h` nn L�C3H'tO�..ttilro PO n L�-rH�i1a u�. t 2, a UMIVLRSAL , MCp.cM �2/ 2 -- r _ JUTI F MdRKeTONP- FL.11,55-5 120 ZURFZCF- 1UPS 1/1 �j L_ITHON M VYGI-)' -GLRA _ L.] war � "USED i--` � .rs,. :.. _. .. -• �- _I S - J - "TFK K1~ EI-08 , • - �__.. HA173JLI. HI - i'i=K - _ VYR bC�Cl H 2.OWALL 3Yc-.. i Ht"7US 1�.1 b e-C)6 BF�IICKET ".Gi .. _mow __W a� N1- HIIT M n K o cv>~ W. 35I c. P i 2 zA _ N -2,512- p _ � •{v111C-#K�-'�l�NE,V4, CY i.►,N 121� F } _�r � • �, 3 '. 1. • `' �' �.iM` - ,.' ��� . ... Su d ,. u • o "- Ml 3F;7M1�9lFV �,acws .... mmwu���W tIf. 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PROVIDE A COMPLETE, CLOSED CIRCUIT, ELECTRICALLY SUPERVISED, ZONED, NONCODED, AUTOMATIC FIRE AND SMOKE DETECTION SYSTEM. 1) ATTRIUM: THE ACTIVATION OF ANY ALARM INITIATING DEVICE a )EXCEPT TAMPER SWITCHES) WITHIN THE ATTRIUM SHALL: a) SOUND ALL THE HORN/LIGHT UNITS WITHIN THE ATTRIUM. b). CLOSE THE AUXILLIARY CONTACTS TO THE SMOKE REMOVAL SYSTEM. .} (SEE MECHANICAL SPECS SHT M- ) c) CLOSE THE AUXILLIARY CONTACTS TO ELEVATORS #1 AND N2 CONTROLLERS. d) ILLUMINATE THE APPROPRIATE ZONE ON THE ANNUNCIATOR fr= PANELS. 2) PUBLIC INITIATING SPACES (EXCEPT ATTRIUM): THE ACTIVATION OF ANY ALARM DEVICE (EXCEPT TAMPER SWITCHES) SHALL: R5 SLOUND ON WHICH a) ALL THE HORN/LIGHT UNITS ON THE FLOOR N S THE ALARM WAS INITIATED. b) CLOSE THE AUXILLIARY CONTACTS TO THE SMOKE REMOVAL SYSTEM'. NS. (SEE MECHANICAL SPECS SHT M- ) c) . CLOSE THE AUXILLIARY CONTACT TO ALL ELEVATOR CONTROLLERS. h'= d) ILLUMINATE THE APPROPRIATE ZONE ON THE ANNUNCIATOR PANELS. 3) TENANT SPACES: THE ACTIVATION OF ANY ALARM INITIATING E DEVICE (EXCEPT TAMPER SWITCHES) SHALL: a) SOUND ALL THE HORN/LIGHT UNITS ON THE FLOOR ON WHICH THE ALARM WAS INITIATED. b) CLOSE THE AUXILLIARY CONTACTS TO THE SMOKE REMOVAL SYSTEM. (SEE MECHANICAL SPECS SHT M- ) c) CLOSE THE AUXILLIARY CONTACTS TO ALL ELEVATOR CONTROLLERS. d) ILLUMINATE THE APPROPRIATE ZONE ON THE ANNUNICIATOR PANELS. 4) MECHANICAL, EQUIPMENT, AND TRASH ROOMS: THE ACTIVATION OF ANY ALARM INITIATING DEVICE SHALL: a) SOUND ALL THE HORN/LIGHT UNITS ON THE FLOOR ON WHICH THE ALARM WAS INITIATED. b) CLOSE THE AUXILLIARY CONTACTS TO THE SMOKE REMOVAL SYSTEM. (SEE MECHANICAL SPECS SHT M- ) c) CLOSE THE AUXILLIARY CONTACTS TO ALL ELEVATOR CONTROLLERS. d) ILLUMINATE THE APPROPRIATE ZONE ON THE ANNUNCIATOR PANELS. S) ELEVATORS:(SEE ARCHITECTURAL SPECS FOR CONTROL SEQUENCE) a) PROVIDE FOR FIRE DEPARTMENT OVERIDE OF HANDICAP ELEVATOR NUMBER THREE. l-. t-4t'",- r` � b) PROVIDE AUXILLIARY CONTACTS FOR EACH SMOKE DETECTOR^AT ALL ELEVATOR LANDINGS FOR INTERFACE TO ELEVATOR CONTROLLERS TO INITIATE ELEVATOR CONTROL SEQUENCE IN ACCORDANCE WITH ELEVATOR SAFETY CODE -ANSI A17.1 AND CITY OF MIAMI FIRE MARSHALL'S REQUIREMENTS. THE COMPLETE SYSTEM SHALL BE IN COMPLIANCE WITH LATEST EDITIONS OF THE FOLLOWING CODES AND STANDARDS AS A MINIMUM: 1) ANSI-AMERICAN NATIONAL STANDARDS INSTITUTE, ELEVATOR SAFETY CODE, ANSI A17.1 2) NFPA-NATIONAL FIRE PROTECTION ASSOCIATION 3) SOUTH FLORIDA BUILDING CODE-SFBC 4) CITY OF MIAMI 5) PLANS AND SPECIFICATIONS DESCRIBED HEREIN AND RELATED Y kkk k i 10) FIRE ALARM TEST AND RESET FINCTIONS ON THE FIRE ALARM CONTROL PANEL SHALL BE KEY OPERATED. ZONED ANNUNCIATORS PANELS. 11) ANNUNCIATORS. PROVIDE TWO EACH, THE PRIMARY ANNUNCIATOR PANEL SHALL BE IMMEDIATELY ADJACENT THE FIRE ALARM CONTROL PANEL LOCATED IN THE SECOND FLOOR ELECTRIC METER ROOM. THE SECOND(REMOTE) ANNUNCIATOR PANEL SHALL BE LOCATED ON THE FIRST FLOOR ATTRIUM ADJACENT THE SMOKE PURGE CONTROL PANEL WHERE INDICATED ON THE ELECTRICAL PLANS SHT E- OR AS DIRECTED BY THE CITY OF MIVII FIRE MARSHALL. 12) SPRINKLER FLOW ALARMS. SPRINKLER CONTACT MAKING FLOW SWITCHES SHALL BE PROVIDED BY AND WIRED BY THE DIVISION 16 CONTRACTOR AND INSTALLED BY'THE DIVISION 15 CONTRACTOR. PROVIDE QUANTI- TIES AND LOCATED AS INDICATED ON THE MECHANICAL AND ELECTRICAL PLANS. 13) TAMPER SWITCHES. CONTACT MAKING TAMPER SWITCHES SHALL BE �. PROVIDED AND WIRED BY THE DIVISION 16 CONTRACTOR.INSTAL- LATION SHALL BE BY THE DIVISION 15 CONTRACTOR. PROVIDE TAMPER SWITCHES OF THE QUANTITY AND LOCATION AS INDICATED ON THE MECHANICAL AND ELECTRICAL PLANS. 14) PROVIDE A REMOTE SMOKE PURGE CONTROL PANEL FOR FIRE DEPARTMENT $ MANUAL OVERRIDE OF AUTOMATIC SMOKE PURGE(REMOVAL) SYSTEM. PROVDE PANEL, INDICATOR LIGHTS, H-O-A SWITCHES, RELAYS, CONDUIT AND CABLE AS REQUIRED TO EFFECT A COMPLETE OPERATING SMOKE PURGE(REMOVAL) SYSTEM AS OUTLINED IN THE MECHANICAL SPECIFICATIONS AND PLANS. SEE SHTS M- LOCATE THIS PANEL ON THE FIRST FLOOR ATTRIUM ADJACENT THE j REMOTE FIRE ALARM SYSTEM ANNUNCIATOR PANEL WHERE INDICATED ON THE ELECTRICAL PLANS SHT E- , OR AS DIRECTED BY THE CITY OF MIAMI FIRE MARSHALL. 15) PROVIDE FOR FIRE DEPARTMENT USE OF HANDICAP ELEVATOR NO. THREE. IN ACCORDANCE WITH ANSI A17.1. SEE ARCHITECTURAL DRAWINGS AND SPECIFICATIONS FOR ELEVATOR SPECIFICATIONS. C. WORKMANSHIP AND INSTALLATION. DETECTOR LOCATIONS. LOCATE DETECTORS WHERE SHOWN ON THE PLANS OR AS DIRECTED BY CITY OF MIAMI FIRE MARSHALL. ALL WORK SHALL BE DONE IN A NEAT AND WORKMANLIKE MANNER AN SHALL BE PERFORMED BY OR DIRECTLY UNDER THE SUPERVISION OF TRAINED FIRE ALARM SYSTEM TECHNICIANS.ALL WORK MUST BE PERFORMED TO THE SATISFACTION OF THE ARCHITECT/ENGINEER. D. SUPERVISION. THE CONTRACTOR SHALL PROVIDE THE SERVICES OF A TRAINED FIRE ALARM SYSTEM TECHNICIAN WHO SHALL EITHER PERFORM OR DIRECTLY SUPERVISE FINAL CONNECTIONS TO ALL DEVICES AND TO THE FIRE ALARP CONTROL CABINET. THE CONTRACTOR SHALL ALSO PROVDE THE OWNER%# MAINTENANCE PERSONNEL WITH TRAINING IN THE OPERATION AND MAINTENANCE OF THE FIRE ALARM SYSTEM AND SHALL ALSO ASSIST IN THE FINAL INSPECTION OF THE SYSTEM BY THE CITY OF MIAMI. E. APPROVAL BY LOCAL AUTHORITIES. THE CONTRACTOR SHALL OBTAIN AN APPROVAL FROM THE CITY OF MIAMI FOR THE FIRE ALARM SYSTEM INSTALLATION AND SHALL PROVIDE WHATEVER AS- SISTANCE IS REQUESTED BY THE ARCHITECT/ENGINEER AND/OR CITY OF MIAMI TO DEMONSTRATE PERFORMANCE. NOTIFY THE ARCHITECT/ENGINEER IN WRITING UPON COMPLETION OF THE INSTALLATION AND AT LEAST ONE WEEK IN ADVANCE OF INSPECTION BY THE CITY OF MIAMI. F. EQUIPMENT. t� e'$" Yi P_..ow F � MEZZANINE_. FIRE ALAIN AN UNC ATOR p D !z .r SMOKE PURGE _ IN r FA FIRST l_ F L 45 st= eW E06A SUBTERRANEAN-_- i RE.Sp "ka DOWNTOWN-'- ­11Ai1 mt - ,..r fi Xh t` - i t� y. r T r fF F a .:L '.1 r CH t� M f4W EL 4 9 FLOG NE Ted' STd�R E. -• b r-•A• l�TdfR -- y 1R 4&uARM RISER N.T.15. .:: RUN OOMCEALED MI WALL OR CE�LM'� '''" �,• OOIDLNT RimI�AyIOERgIIOI�. 1N OR OEIOIM FLOOR SLAB g. RUN EXPOSEDFUMBLE . . FIRE ALARIM FIRE ALARMEM r' rw NAM rmw • , 71 MANAN� STATION + 60'. F1AE ALARM S"ff FIRE ALARM SYSTFJM UW BORN , + N : • Q �F�L FIRE ALARM K•Jw•� FIRE ALARM 9""EM MEAT 0ETEOTOR . 'KaMirTON STATION + 60' FIREALAN SYST IGHT ELSPEAKElt T. w VOLUME p11T L,ET + 46' ti rir .5 5r • nti " YWorm- .fit • `..e .. ...: ag ,_ n, yg • r= po • �' B. EQUIPMENT 7 ; 1) ALL FIRE ALARM EQUIPMENT, MATERIALS, DEVICES, AND ASSEMBLIES USED ON THIS PROJECT SHALL BE LISTED AND/OR LABELED BY A NATIONALLY RECOGNIZED TESTING LABORATORY FOR THE SPECIFIC APPLICATION. THIS EQUIPMENT MUST NOT BE ALTERED IN ANY WAY WHICH WILL VOID THE LABEL AND/OR LISTING. S 2) AUTOMATIC SMOKE DETECTORS. PROVIDE COMBINATION IONIZATION AND PHOTOCELL DETECTORS WITH DUAL CONTACTS, SELF -TEST FEATURE, AND AN INDICATING LIGHT THAT INDICATES NORMAL, TROUBLE, AND ALARM CONDITIONS. EACH SMOKE DETECTOR SHALL BE POWERED BY THE FIRE ALARM SYSTEM DC POWER SUPPLY. 3) AUTOMATIC AIR DUCT DETECTORS. PROVIDE DETECTORS SPECIFICALLY DESIGNED FOR USE IN ENVIRONMENTAL AIR SYSTEM DUCTS. PROVIDE SAMPLING TUBE WHICH EXTENDS FULL WIDTH OF DUCT. 4) COMBINATION HORN/LIGHT. PROVDE AUDIBLE HORN AND FLASHING LIGHT DISTINCT IN SOUND AND COLOR FROM OTHER SIGNAL DEVICES IN THE AREA. PROVIDE COIL WINDINGS COMPATIBLE WITH FIRE ALARM SYSTEM POWER SUPPLY VOLTAGE. SURFACE MOUNT ALL HORN/LIGHT UNITS +84" A.F.F. LOCATE ALL HORN/LIGHT UNITS AS INDICATED ON THE PLANS. ADJUST EXACT LOCATION IN FIELD TO AVOID INTERFERENCES AND/OR OBSTRUCTIONS AUDIBLE OR VISUAL. 5) CONTROL PANEL. PROVIDE A COMPLETE AUTOMATIC FIRE ALARM SYSTEM' CONTROL PANEL COMPLETE WITH DC POWER SUPPLY. PROVIDE ALL PANELS 4 AND CABINETS WITH LOCKED, HINGED, DOOR WITH TWO MASTER KEYS WHICH' ALSO FIT ALL FIRE ALARM APPARATUS. THESE PANELS MUST PROVIDE THE FOLLOWING EQUIPMENT AND FEATURES AS A MINIMUM; 6) AUTOMATICALLY DETECT THE OPERATION OF ANY SIGNAL INITIATING DEVICE AND VISUALLY INDICATE AN ALARM CONDITION AT THE CONTROL PANEL ANNUNCIATORS. THE VISUAL INDICATION AT THE'PANEL SHALL REMALN "ON" UNTIL THE CONTROL PANEL IS MANUALLY RESET. 7) EXTERNAL SUPERVISION SHALL BE PROVIDED FOR THE POWER SUPPLIES. EACH SIGNAL INITIATING LOOP AND THE CONTACT ON THE SPRINKLER SYSTEM O.S.$ Y. VALVE. THE AC POWER SUPPLY SHALL BE SUPERVISED AGAINST OPEN CIRCUITS AND GROUNDS. ANY TROUBLE ON ANY OF THE ABOVE CIRCUITS SHALL ENERGIZE AN AUDIBLE TROUBLE BUZZER AT THE CONTROL PANEL. PROVIDE A KEY SWITCH FOR THE SILENCING OF THI91 BUZZER, BUT WHICH WILL ALSO TRANSFER THE AUDIBLE INDICATION TO A VISIBLE TORUBLE LIGHT ON THE CONTROL PANEL. 8) AUXILLIARY CONTACTS. PROVIDE SETS OF DPST, 120VAC, 20A RATED INDUCTIVE CONTACTS FOR CONTROL OF REMOTE EQUIPMENT INCLUDING BUT LIMITED TO: SMOKE REMOVAL SYSTEM AND ELEVATOR CONTROLLERS. POWER FOR COILS SHALL BE PROVIDED FROM THE FIRE ALARM SYSTEM CONTROL PANEL AND SHALL INSURE THAT EACH CONTACT COIL IS DE - ENERGIZED UNDER AN ALARM CONDITION OR IF NORMAL AC POWER IS IN- TERRUPTED. IF THIS FEATURE IS NOT AVAILABLE AS A BUILT -.IN OPTION, IT SHALL BE PROVIDED IN A SEPARATE ENCLOSURE ADJACENT THE FIRE ALARM CONTROL PANEL. 9) ALL WIRES TERMINATING AT THE FIRE ALARM CONTROL PANEL SHALL BE MADE WITH SCREW TERMINAL CONNECTION TO A BARRIER TYPE TERMINAL STRIP AS MANUFACTURED BY AMPHENOL OR EQUAL. Z • -•.,o . j • s' �•: ,� `mil DbbLKIBLU HCKCIR Amu AJ SIMPLEX, GAMEWELL, OR HONEYWELL. EQUIOWNT (ADDENDUM -REVISION & 6.15-641 v 16) MANUAL PULL STATIONS. PROVIDE TAN -CODED, GENERAL ALARM INITIATING BRM-GLASS, MANUAL ME ALARM PULL STATIONS WITH DUAL 6ONTACTS. 17) AUTOMATIC HEAT DETECTORS. PROVIDE COMBINATION RATE -OF - RISE AND FIXED TEMPERATURE i13S°P DETECTORS WITH DUAL CONTACTS. EACH HEAT DETECTOR SMALL BE POWERED BY THE SYSTEM fit POWER SUPPLY. 4• PEPPJM & AWWIA'T= OORSULTING lNjXz,SRB i P.O. BOX 3859 MIAMIt FL* 33152-36" i E NORTW MAC/9 FLORMA SY" {x� a I' . TYPE: SQ. D.i =NQOl MGEKY PANE MARD SERVICE: 3 4, 4 N VOLTAGES 206/120 NYE, 60Hx 'EL' Umuls8 4!'t'!l2*"-l* (ALL 1P20A C.$.'S b=NTING: SURWI 1t1MiAl XVA WI C.• RIURRS CXT NO. CKT NO - $Iti2' 3 't" NW STAI 1 NW EMAW- 11 3 2 4 LTS LT$ M • Q.SS EXIT LTS-NE $ SE STAI n 0.7 S SPARE 7 6 s „ 0.7 1 i. 9 SPARE EGRESS LTS-SW STAIR 9 10 " 1.0 „ to -NW STAIR 11 12 _, it to -NE STAII 13 14 " to 0.9 0.9 I 1 `4 .. -SE STAIR is 16 1.2T I" of -$L 1 R 2 17 is SPARE 9 =_ " -BL 3 $1 4 19 20 B LTS- _' -EL 4 fY 5 21 22 =' of -I .9 SPARE t 23 24 of ., .7 7 PARE 25 26 • ITLTS-FIRST PL-N 27 29 " 0 a _,. „ . T FL- 2ii 3a '! I .6 ' of IN8 bi 32 t i, s7 - 33 3# - #124T LTS-tad 4 3sd PL 3$ 36 1040TR- ;..�,- .9 " - „4t 6 5th FL • 37 3iILAU 39 64 ., a . 7'IIRB 41 43 1M i , • 1 AA pool 4- •s i YPE: SQ. D. I Q)4B EMERGENCY 0l.TAGE: zasJizo WYH, bo Ha DISTRIBUTION. P .lU1ii,ICE: 3 #, 4 W, huff I NG : FLOOR -T. 1 # M.P. WTI • O. 1oo 1 .2; $ 6.3 tot 3 M�►IN wS NEI�'[`RAL MAINS: 22SA M.L.O. LOCATION: TOP I''1tIP `. DUITJRl4" 1. .4 1'. 5 • 1.0• O r� - 0A 31411 2#12 10A FL-M 3 4" 2#12 1.) ��.•a 1.1 .s ZP 4" 2#12 8 - r sk 4" 2 # 12 .3 .7 A 34��2#l2 .5 r CSj ' 4#VOW. g TYPE; SERVICit 4 W VOLTAGDt Z9ir424 WYE, 60HI - Mt 1iN'f I N (ALL 1P 20A C.D. ' S W 040i " SWAMi - IVA WI OON- c.* RDMARKS r ' ! t T f - r - 2#i2 3 4" 2!• EF-7 1 -2 �1.60 • 201 3/4 MP 3 - 4 I 1# 312 4" 1S EF-8 S 6 E.7 - - — - 15 - 9 T -- i- 7 ln_ . _E_F _ - - -- _ i.6 _.11ri2 3/4" 2P• VF-10 3/4 T� • --L 2#12 _ 3/4" S SF-11 — - ---- 13 14 Bg•3# L0.7 S 8F-12 S SF-13 17 1p•i y, 1D LL 0.9 S EF-14- -- 19 28 1.2 EF-1S-.--- _1 21 1.2 SF-16 -- 23-- ;24-U"41__..:. 1.6 # 12 3/4" -p^ SF-17- - — 25 _ 2S �T_� Ti i - -- •- 1.6 112 /4" A- EF-1• 29�10- - 0 3/4 i!P 1.6 2#12 !4"..� SP-2Z 3AL 3 •+l3h ., • 3�_ _ OL TYPE: SQ. D . # NO - - - - --� SERVICE: , 4 WSpAil MAIN $oil 600A VOLTAGE: 20e/120 11YE, 60H5 (TWO IO ' IfRM.i `` FULL; ' - a '. MOUNTING: NAINk 600A K.Q.O. ' svAlAcs Ww"m TOP -- XVA MI C01I C. W. 1t81fAitiS � nl! TRT l . a pi-23/4" L'!'D-liW11 r MOO !2 SA- 1,y. MVU'IILU: FULL " TYPE: SQ. 1D.1-4x�ipi MAIN$: 22�1 N.L.0 WM) LOCATION: : yTOP, YOLTA6$4:'$OP�� NO, 60Mz `EQ" MObINTINQ;;BUR AC$ (ALL 1PZ0A C.A.16,.9& C.B. TRIP SON• DIIIT IRR A, RIfA WI C. . RBt�iA " CXTOVI' ? Ao. 3F- S/4" - 3112 1.S 3P- 5F-6 1 2 2.8 3012 3 :' 2 HP iS 3 4 -- 3 4" 3012 I.S 2.8 i12 SP- 3/4' SF-20 2 7 7 g 15 HP 10 2P 3/4" 201 1.6 ` 15 - 11 12 ze 3P- BF-21 13 14 3P- 1.5 3#12 x/4" 1 HP 1s 16 S/4" 3i12 1.S - IS SP- ` SF-34 17 18 1S 2.8 3i12 3/4++ 2 HP 19 20 3P- 21 22 S/4" 3412 - 1.5' - is 3P- - SF-35 23 24 f. 15 2.8 S012 3 4• 2 HP 25 26 15 311" is- 3 - 27 28 is - 3P- SP-36 29 30 f13 3 4 2 HP 31 32 1. 15 - 33 34 3P- 3S 36 i - P- SF-37 37 38 39PRO ,ID. 41 pot ,� y MAIN BUS: 400A NEUTRAL: FULL TYPE: SQ. D.i .NQO , BA W/ 400A BUSSES) SERVICE: 3 ¢ q W MAINS: 400A M-L.O. 'a VOLTAGE: 208, WYB, 60Hz (iiiDt � UNLESS OTMBRWISB NOTED) LOCATION: TOP MOUNTING:/120 ' «... Cat R+BMARRS SURFACE G IID. C . B » TRIP MR- DUIT WIRE KVA KVA WI CON- C.B. $ # LTS-iiEZZAMINE-SOUTH 3/4" 2012 1.0 Out TRIP 011 t ,. 0.36 1 i 12 3/4 .+ MAIN BU$: 226A r r. h.: li$UTRAx, i Milk §� MAIN$: '223�►.6 - ­40MISK NOTED) LOCATION: Tfl! . TRIP 1MiIT .4 CAR LTS 3j40 2112 1.0 x 6 CAB LTS 1.0 PIT LTS 4 REC 1.3 PIT LTS 4 REC 1.3, PIT LTS 4 iRBC 1.3 Tit PIT LTS 4 a 0.7 EP-1 0.9 $P-2 0.9 IMP SP-S 0.9 No SP-4 0.9 SP-S j, 0.9 0.7 vjw PIMPS 2P 3%4" 201 2 - 3 4; 1f3 t4P 20 v. VOL XFU 3/4" 2112 0.9 - . ZAd. FLOOR1, RR 4#4/9'tt, Z-11 FN8 mm: P49L ,fee, 'HM, 6$-PROVIDE BREAKER TIE -HANDLE) 1P20A C.B."S UNLESS OTHERWISE NOTED) CRT 1 CET NO. NO. ©© MAIN BUS: Z25A NEUTRAL: FULL MAINS: 225A M.L.O. LOCATION: TOP REMARKS C.B. TRIP -FIRST FLOOR "ii a ... 0.72 P2 . C011�ii := P ISO 1CVA, I = 416 A TYPE: SQ.D. "QMB" HOUSE SERVICE: 3 0, 4 w DISTRIBUTION, PANEL. 'HD'[ VOLTAGE: 208/120V,60H MOUNTING: SURFACE C K NOI EOU 1 PKNT DEi16NAI1M1 NS Pe EMA LVA. VOLTS MAOCA ♦ — E fNAI� T�11 - 3 3SN 400 400 3 3SN 22S 22s PNL 'HL' - 69.S 208 2 3 4 PNL 'HM' PNL 'HN' SPACE (FULLY EQUIPPED — - 41.4 22 208 208 208 3 3SN 22S22S 3 3SN 122S - CONNECTED LOAD: P ; 147.9 KVA , I 410 A 1 KRES..S t � f DOWNTOWN MIAMI Di Kh MAIM On: 600 A KUTRAL: FULL MAIMS: 600 A M.L.O. LOCATigls TOP ITS al REMARKS O600 -1/ ELECTRIC METER ROOM #4/0 2-1/ 'ELECTRIC METER ROOM i4/0 2-1/4 ELECTRIC METER ROOM - SPACE FOR fUTURE PNL. Two SETS # 3COMCM THW , f EER s 3 FQ F101: 'M-2' IN 'SB-1' 1.5 _ - r s. j i - _ - -- - I t-_ - - 1.2 - -- 1. L S- • 1.2 KVA WIRE CON- DUIT C.D. TRIP REMARKS 1.2 2N12 3/4" LTS-FOURTH FLOOR �0.7 1 T LTS-LOW ROOF - — _ -- 1.1 T j LTS -FIFTH FLOOR i- lt" 0.6 J2M 12 3/4'1 -T'LTS•UPPBR ROOF- -- - --- [0.7 f SPA B - -- - 0.7 SPARE ul:nOrks cI cXT Rmls mt. CONNSCT 1. CENTER' FLORIDA to � ' _-41!, „ RECPC-THIRD RECPT-PIF'N 0 w r autm : P - 41.4 KVA P - 41.4 KVA 6 �, * /411 3#12 0.72 2 0.7�� 1A �� 3/4" 3N 12 0.72 0.72 1 1 A VISION.4 1 i S 16 RROT - SLCO U P OR 0.36 17 18 " 0.36 19 20 to 6.18- 21 22 " 0.18 23 24 RECPT-FOURTH FLOOR O.S6 R 25 26 1G.S6 27 28 0.36 29 30 RECPT-LOW ROOF R .36 OOR 31 32 RECPT-HIGH ROOF * 3/4" 2#12 0.72 PLOOR 33 34 SPARE - - 0.72 OOR 35 36 9 1- 0.72 LOOR 37 38 0.72 E FLOOF 39 40 - - 0.72 41 42 SPARE CON'I' t11.1.i?D 11Y T.C./CONTACTOR FFED M : 4114/0 THW, 2-1/2" C. FED FROM:DIST.PNL 'HD' I • 173 A - 173 A 111M 11111 PEPPE3 & ASSOCIATES CONSU:,TIRG ENGINEERS P.O. 30x 3859 MIAMI, FL. 33152-3859 Pro1eci No D 16 Drown by Approved _L P Dole 4— ig—8 847 NW 119 STREET SUITE 201 Rewaons-- 7� AIA NORTH MIAMI , FLORIDA 33168 (305) 688- 2592 — - iw •W' SHEET - f a r TENANT PANELBOARD TABLE I` TENANT FIRST FLOOR MEZZANINE SECOND THIRD FOURTH FIFTH .K PANEL FLOOR FLOOR FLOOR ,LOOR FLOOR TYPE 1 5,6,11,12, 0 0 0 0 0 t 23 & 24 - 6 2 13-22 - 10 0 50-57=8 70-77-8 90-93=4 100-104=4 3 1-4,25-28-8 34-48=15 0 0 0 0 4 0 32-33=2 0 0 0 0 FED FROM MC-1 TD-1 MC-2 MC-3 Mc-4 MC-4 ® TENANT PANELBOARD TABLE II TENANT M.L.O. AMPS MAX.QTY.. QTY Q.0 ENCL. tNTER MR PANEL SPACES BKRS CAT. NO. CAT. NO. TYPE 1 100 12 2 MH-23 Fi NQO-12423-1 & MSC-23TF NQ-25S 2 100 30 4 MH-29 & NQO-30429-1 & MSC- 29TF NQ- 2SS - 3 225 30 4 MH-38 & NQO-30438-2 F, MSC-38TF NQ-25S 4 400 42 4 VH-50:& NQO-42450-4 f, unr-cnTP Nn-25S PANELBOARD NOTES: 1. ALL TENANT PANELBOARDS SHALL BE BID AS ADDITIVE.ALTERNATES AND SHALL BE QUOTED PER UNIT PRICE BY TYPE NUMBER " COMPLETE AS SPECIFIED, INSTALLED - IN PLACE. PANELBOARD FEEDER CONDUCTORS AND CONDUI* AND TEMPORARY TENANT POWER & LIGHTING BRANCH CKTS. ARE PART OF THE BASE BID AND SHALL NOT BE CONSIDERED EXTRAS.tip '— 2. ALL TENANT PANELBOARDS SHALL BE 208/120VAC, 3 1,4 W, WITH TOP MOUNTED MAIN LUGS ONLY, FULL NEUTRAL, FLUSH MOUNTED IN NEMA-1 ENCL, AND SHALL HAVE AN U.L. INTE GRATED EQUIPMENT RATING OF 10,000 A.I.C. MINIMUM. 3. SEE MC-1, TD-1, MC-2,MC-3, &MC-4 SCHEDULES FOR TENANT PANELBOARD -`' MINIMUM REQUIREMENTS. SEE PLANS FOR PROPOSED PANEL LOCATIONS. 4. THE OWNER AND/OR HIS ARCHITECT OR ENGINEERS SHALL DETERMINE THE ACTUAL '"- QUANTITY OF PANELBOARDS TO BE INSTALLED (ADDDITIVE ALTERNATES) AS TENANT LEASE INFORMATION BECOMES AVAILABLE. � `.#� Pa � C '. i 'gt ,y �� � *xet..3 ia�— •a ;; ELECTRICAL LOAD SUMMARY ITtm LOAD DESCRIPTION CONNECTED KVA CONNECTED AMPACITY . AAPACITY 1 'ESB' 470 1.306 1.600 2 'SB-1' 457 1,268 1.600 3 ' SB-2' 583 1, 618 2,000 4 'SB-3' 225 625 1,200 5 'SB-4' 681 1,890 2,500 TOTAL CONNECTED LOAD 2,416KVA 6,710A 8,900A PERCENT SPARE BUS CAPACITY: (8,900 - 6,710)/ 6,710 X 100% a 33% i7 ij • 4 SQ.D. SW-2 POWER STYLE (200,000A BRACING) MAIN BUS SERVICE: 3 0, 4 W EMERGENCY SWITCHBOARD 'ESB' NEUTRAL: VOLTAGE: 208/120 VAC MAINS:SE MOUNTING: FREE STANDING TWO -SECTION, FRONT -ACCESS ®LOCATION COMPART- LOAD DESIGNATION POLE FRAME TRIP MAIN CROSS DEMAND REMARKS MENT BUS BUS KVA - 1A MAIN DIST.SECTION EM-1 $ ED) 3SN 600 600 X 193 ALL DEVI� (EL-3 1B EL-1,2,4 3 600 500 X 145 1C EL-5,6 3 400 ISO X 63 F 1D ESCALATOR 3 1 60 45 X 9 2 - SERVICE SECTION 12'' ?A FIRE PUMP & JOCKEY P 3 1200 1000 X 61 ALL DEVI CONNECTED LOAD: P a 470 KVA, I ■ 1306 A ® FEEDER 3 SETS: 497SONC FED FROM: Fk TF VAULT NT ITI k 1 1 1 ELM rlow I CAL SYMBOL LEGEND `Y TYPE SC .� . Sw POWER STYLE (200,00OA 8AACtjC- SERVICE: 3 �, A' • VOLTAGE: 208/120 VAC Z MOUNTING: FREE STANDING T�NO•S�Tt(Ik,p�' COWIPART - LOAD ' DES I GNAT ION POLBS � r H 'T . • SERVICE SECTION 11 IA M1 (SUB -FEEDS 3 •"" _ DIST.SECTION 02) 1B +t-2 (PNL HD) - 3SK 600 - DIST. SECTION M2 :A AC-1 3 400 _H AC 3 400 _ C I CT-1 3 200 CO`DENSFR WATER PUMPS 3 400 :E DO;IESTIC WATER PUMPS 3 60 CONNFC T FI) LOAD: P 2 457 KVA, I = 1268 A 3 'itE MAINS -F :z 'tE MAIN ,.r IN 4" RCS I • S1i POWER STYLE (200,000A BRACING) SERVICE: 3 , 4 W TENANT SWITCHM VOLTAGE: 20 /120 VAC 'COUNTING: FREE STANDING ONE -SECTION, FR C.O,MPART- LOAD DESIGNATION POLES FRAM %IEIiT SERVICE MAIN SECTION 1 IA M-3 (TD-1) 3 12000 CONNECTED LOAD: P s 583 KVA, I - 1613 A SQ.D. SW-2 POWER STYLE (200,000A BRACING) SERVICE: 3 4, 4 W VOLTAGE: 208/120 VAC TENANT SWIX MOUNTING: FREE STANDING ONE -SECTION, COMPART- LOAD DESIGNATION POLLS NIENT - SERVICE MAIN SECTION 1 1A M-4 (MC-1) S liz CONNECTED LOAD: P - 225 KVA, I a 625 A ► MAIN SO: 1600A r �1► NtVtAAL' FUL' MAINS- SEE SCMEDULL occm ,&l.(XA'TION : � SWUM t tw dSS NAND A04ARKS KVA k X 309 ALL DEVICES ARE MAINS 10 x 149 " 00 X 95 CONNECTED TO CROSS - BUS SUB -FED FROM M-1 )00 X 95 " 17S X 44 " 240 X 66 " 45 K 10 " ® FEEDER: 3 SfTS; 4X750MCM XWW TN +~ FED FROM: FPL TF VAULT RCS MAIN BUS: 2000A RD 'SB-2' NEUTRAL: FULL MAINS: SEE SCHEDULE NT-ACCESS LOCATION: BQTlrgm TRIP MAIN ROSS DEMAND REMARKS BUS BUS KVA 2000 X S83 BOLT-LOC MAIN FEEDER:, 4 selso. _xmm IN-i/t'L Rd' FED FROM: FPL TRANSFORMER VAULT I 'SB-3' -'T ACCESS TR]BUS MAIN CROSS BUS A MAIM SUS: 1200A NEUTRAL: FULL MAINS: SEE SCHPULE, LOCATIONe, 11,11w1w, REMARKS 1200 X 225 BOLT-LOC MAIN ©FEEDER: ♦ . uw" A rw+.. ♦ %m dawn+.. &v" ..i........sa �,.�... - - i welliVilmi SMLL IOM 109 ? 4PORARY POWER i L IGHTINMG FOR CON xlNwr 0li Pwm At NO ADDITIONAL COST TO OWMW 3. CCN'MC")p SMALL CM*DIMRTS woNX AMONG THE TRADES. ANY CONFLICT'S ON INS DMAW IMOS OR SAC I E I CAT IONS NIA LL OR BROUGHT To THS AT— T'BN'TIGN OF IMS ARCHITRCTANIG INELA . 4. ALL POWM CoMMCTORS SHALL BE COPPER AND SHALL 8E RUN IN X9?AL CONDUIT.UTILIZI R.G.S. BELOW GRADE* IN SLAB* OR EXPOSED. UT— ILIU S .M .'T. CONCSALED IN WALLS 09 CS ILIMGS . CONDUCT+ORS SIZE 01 GANG OR SMALLER SMALL BE TYPE TW . CONDUCTORS SIZE BbAWG i LA WM SMALL BB 17V Im. •5. ALL WACMIOA4 WWR SHALL COMPLY WITH THE S FLORIDA WILDING 0009*T= NAT10N&L lttXCTRICAL CODE,A.LL LA)Ch MAWS AND ORDINANCES. AND TM RU't.6S AND RSIWIATIONS OF THE LOCAL UTILITY COMPANISS IN EFFECT AT THE T DME OF 7H IS CONTRACT . 6. FLEXIBLE CONDUIT SMALL 22 UTILIZED FOR CONNECTION TO ALL LAY —IN LIGHTIlMG FAST =S. TRANSFORMItS. NOTORS o AND OTHtR VIBRATING BQUIPMENT . UTILIZE LIQU IDTIGM FLEXIBLE CONDUIT OUTDOORS OR WHERE SUBJECTED TD SPRAY. 7. ALL MIRING DBVICZS SHALL Be SPECIFICATION GRADE AS MANUFACTURED BY LXVZTGN, GENERAL ELECTRIC, ORBRYANT. SNAP SWIT WS SHALL BE 125VAC, 20A, IVORY MIT![ MATCHING DEVICE PLATES. DUPLEX RE- CEPTACLE S SHALL NEE 12 5 VAC. 2 QA , G OUNiDING TYPE .IVORY WITH MAT— CHING DEVICE PLATZS. 8. ALL SW ITHCES SHALL OR MOUWMD VERTICAL +4b •A . F . F . UNLESS 07M MISR SPECIFIED. ALL RECEPTACLES SHALL BE MOUNTED VERTICAL, +18 -A . F . F . UNLm OTHERWISE SPECIFIED. WHERE BtUILDMG CONDITIONS P*EVRNT COMPLIANCE WITH THESE MOUNTING HEIGHTS, CONSULT ARCHITECT/BNGINSER 9. ELECTRICAL CONTRACTOR SHALL PROVIDE POWER AND CONTROL WIRING FOR HVAC AND MECHANICAL BQUIPMENT SUPPLIED UNDER OTHER IfIVISIONS OF THIS CONTRACT. 10• MINDM SIZE BRANCH CIRCUIT CONDUCTOR FOR POWER AND LIGHTING CIRCUITS SHALL Us 012TU COPPER IN 3/4" CONWIT.MINI M SIZE CONDUCTOR FOR CKMNTROL WIRING WHALL Us 0147w COPPER IN 1/2- COMMIT. 11. NO ELECTRICAL XQUIPMZNT SHALL BE PURCHASED WITHOUT APPROVAL OF ARCKITECTANGINEER. PROVIDE CATALOG CUT SHEETS OF ALL SPECIFIED EQUIPMENT. PROVIDE SHOP OMWINGS OF STANDBY ELECTRIC GENE2A7 M. TRANSFER SWITCHES. SWITC =&AR,ANO EMPTY CONDUIT D14"IBUTION SYSTIKS FOR TRUPNONE', KREO DOWNTOWN m S S� MIAMI i 01 w • wwew� WTR w pw ft" •�. see NOt ► $ WS. all PMft • - ttt. lb. L Pwmee MNL WL Nll "W.& ti N aw"ON 6. or •� � � �'� LIEN! /�TIIN. M ""M 'NtTNi, am" " wee" as, Liiill` i�1illlrMll i "i" • iNt 1,INT /tiITYMt NIISMIls. NIr� mill► MA em" V.. • N : got?" Is. twolm�► MOAN AS MNM -ov�M al" • Mm" Me "ITMM. ►i A • M W-0 , Mom► • wo. i r i ANM't�Ni► ilit SM IN or. - wfttu SNMMi tow0 C IMI iNrTOl. wfti .:= m Na" TN plow O N iN0 vtIVIION iiMrL wll.tTi "" IMMfttt"+ IM• Iwo a& + TI me~ ev".n 4 rOOwp M NNMLIiA. a •�•• .� i.rrN. r MrMrATIMM aw" Wan" am NOMMMtIT we rew 1•M/!t N tO O "Le IMMNttT OVIT+OM. N AM. Nut , to ar►. /wSO. t•M/MI saw 1 i iN.i NMMtMtt! O*ITNIS MAIM! �u t. MON • FVM. " M a"l, MMMIL • M/ON V. • 1 #*Valli • t •I7i. ® R•.tOTM "L MIMM. 80/940 X • 1 PNAK • ♦ VIOL OMM"TIOM PAWL 46 Orvv TURPOMt TtMNaL Wan M "ON= • OSSI ! am Ow""a W MALL N OSILO& OMNII! am !!lM�IN M aftA FLOW •LA/. easew Ails NAiiO. wMON /LMIMA ONNOM {� P41111" 41L wM. Dean" R Mtn !M 81MMs7M• 1 � I NMIfTiO • /NMLT • wT �iwTtO • NMI/MtIR !s 9,91101601 •USNIlM! a CEN.T�ER 3 F i FLORIDA ��"• ,._77 - 1 a% SQ.D. SW-2 POWER STYLE (200�O00A SERVICE: 3 m10AC -. VOLTAGE: 208/120 VAC 4 MOUNTING: FREE STANDING T COMPART- LOAD DESIGNATION MENT DIST. SECTION #1 IA,.t SERVICE MAIN SECTION 2 =A M- S DIST. SECTION 13 3a3 _ 3 B •., IWQ- 4 CONNECTED LOAD: P 681 1CVAt 1 1890 Ik • yy�� •�aM..F�i•,,�/ y� r,' 1 � • ' M. ��. % t r:. N•. •, � 4 i ..1j .i!f �•S.•. y��� 1. • y�'• /t � � � •;!{ `� �� + ` . r jt.t ; fM• q i t� �Y '•' ` .`�1 .ti�,� �. t :.. 4 ;if44 ;�it �. •.! y, •r,. was .�' •� ' •..' . i � .` �— �t`r Yk y t s{<y MAIN NUS: 2S00A NEUTRAW PULL MAINS:. SCHIDULE FINW-ACCESS TRIP MAIN CROSS DEMAND REMARKS BUS BUS KVA 1200 1200 x 270 CONNECTED TO CROSS - BUS SUN -FED FROM M-S 4500 25O0 X BOLT-LOC MAIN Boo Boo x 233 CONNECTED TO CROSS - BUS SUB FED FROM M-S Soo Soo x 178 AFEEDER:- S SN" XHHW IN 3-1/WI.RGA FED FROM: FPL TRANSFORMER VAULT PEPPER & ASSOCIATES CONSULTING -ENGINEERS Pio. Box 5859 MLWO FL, 33152-3859 lid z ps ki id614 1p 1~1 MOON" -jm ol v_, wil rc r ro ESI3' 1 ftoVSE MT i 3 GOO SNGoo M I � 3 S. �0, 4 3 41 I 0 25� I EL-5o6,�. 1200 3, 0000 -4 I ESC � 1 FIRE PUMP CABLE TO FPL VAULT ; BELOW. — 2wo CU) 3/4'' PROVIDE FIRE STOP(T`f P�. T ro SS -I' {rC [HOUSE METE I AC- I 3 - 800 o.I 3-160 0.— AC-2 � 3-175 - - -- - -- -� 0— CT- I 3-250 0 -600 SN I CW p S 3-45 I I vvD P CABLE TO FP VAULT B E LOW U ® TO 'SB2� 1" E.C. TO F P L VAULT 12lK 12. LINE GUTTER GTD1 0 0 0 0 FPL 400 WON 2O0 HOUSE 33 O 0 METER Q 0 : '400A Cp v 41L o t tD 3 0 Cu 20OA 200 3/O»Cu 3 + IV x 12 LOAD GUTTE 12"x 12" Lb GTR 4 tk 'Y } - M f w'k[#" t 5 3 ESN 0 --- M -3 + qA- 4 � 20o N 3 i zoo 3 2500 S N A � 3 1�00 SOa o O'�'0— MCA- PA Cc M. 5 t M -4 CABLE TO FPL� CAgl.t TO 'CAt3LE TOI 3, -� F PL VAULT' ' F P L VAULT yAULT BELOW 1 6E LOGY ; BE LJJW To'se3' � t 3 r eg �«•. Ct� E. G �4 i- I E SEL TER 1 F1.F 3 ) ' H j 7 To, f. e' IPIRE PUMP, —J- GM 3#4j0THhN), V i RGS 2- TO'E Is B 2 SETS: 4. *350MC m r" RG F I r• '.00 1 7 ISIA Isle - LINE /0- 2-#t2 31 200 3140 1 -r5 EL OTIGHAB LT FIRE PUMP SECOND FL FIRE PUMP RM. EVIERG, DI Si: P141 " 9: D* .1 40 HP r Eli L THIRD 51- GENERATOR RM. EMERGENCY STANDBY POWER SYSTEM The standby power system shall include an, -Or" 2SO.00FM-17R or approved $ow l diesel-electric generator set. its continuous standby rating shall be. 313KVAO 120/208VAC, 60HI. 3559HP with fan AT180ORPH, radiator cooled, I*" with all stan4rd*eQuipment including four engine shutdowns with &I light, electronic governor, sotid state engine control modules in control panel, factory Installed AC instrument panel, full structural ti b&s4t, battery charging alternator, two (2) 220Amp-hour industrial grade. tries complete with copper cables and acid resistant trays. See Neclanical Drawings and Specifications for related equipment such as je' .am I I 3J*4/OTHHN) 121IRGS 2 SETS' + *,350MCM THW�3"RGS (MCP) I 2 SETS; 40700MCM TFIW 4"RGS 1250KW, 208/1,20N&c,WVF-,roOH?- 3P22 DIESEL ENG114F-- GEWERATOR G2* GEN S9 -Q0 YC4 4A 4"COKRETE CURES *SO D "KAL 3G225-30M 2/0 Cu, 3/4." C A A "MAL'%GOO � Ic MA,IOOOF'4 % PN,L PN I L ll L .EL EP 'F.Q' TO +th t Sth FLOG TENANT' PANELS 12" 12" LOAD GUTTF-lk o o MC+ ri LJ— LJ - Q Q c� .� �T= ® a o ri LJ Irl rl ril a rr�rr pLAA M ` 1� � OA 11�1'M ar D i�� ao�awr s�so 0 Go as RM CLAD �f �i. ` ' pwow. CLAW an O1ptNIC CLI►jMR s iW } Mjw. COLD MN►M PIM E z EL6 SERVICE GROUND DET 'ESB# N.T.S ri ____% CAB LT 3 ` DOWNTOWN AC - 2 rx _ :n W �L 0 ,mac { Mrrrl� at rrtm on � S B► " i 3400 Too t AC - 2 (D la W4 r a r10 M a w1/amcO a�0 IT�L CLAW OR © aAwl V. .. SERVICE GROUND DETAMe- ESB' N.T.i of ���.~�' ��, C ►•t [j tot R KH DOWNTOWNMIA* T "FIRST FLOOR` TENANT PAN €L � :r y� 415 3 _ 90 2oD 3 Zod �200 3 5 9 6o 1775 12.5 125 1 � 1 IOK` V �L_ ISKw_� EDH-3 n CODLI NG TOWER 6o r i3 6o r i3 35 15K 1-1 L STANDBY CONDENSED, WfATER PUMPS Mt�V: sij� I15Kw D4ML5TIC VgAtER PU�AP5 -- --- EOM • 2 y x. S ,w. .. ,.a,�.. �..r•^� FLORIDA- a n* A.C. brushless generator shall be impregnated with 100% epoxy fill. ,. ilestor. excitor, and voltage regulator characteristics must be matched 7 i1Nlgine torque curve. Sustained voltage dip shall not exceed ten percent 0 full rated load at O.O.F. with first cycle diet not to exceed eleven a! ` oftellt (Lix). Recovery to ninety percent (90%) of rated voltage shall occur to A6taft thin ten cycles (11 M.S.). Recovery to full rated load shall occur I&IS thaM1 five seconds (5 sec.). At no time shall frequency slip beyond rjW t6ftranee for more than one second (t sec.). - Ift 6utmmatic load.transfer switches TS-1 b TS-2 shall have been designed, built, and tested by the manufacturer of the generator set. They shall be of b#-directional linear actuator design with an inter -locking steel beam. Each avti tic transfer switch shall incorporate solid state undorvoltoga sensor% and adjustable time delays on engine starting (0-5S), transfer (0-10S.), retransfer (0-30 min.), and engine shutdown (0-15 min.), with diagnostic lights. Switch 4 TS-1 shall incorporate an adjustable urogrammed transition period (0.5 - 5 sec.) 7L to allow motor load voltages to decay before transfer or retransfer to and from the utility. the switches shall be mechanically held on both sides and 'shal1 of the quick make -quick break type, capable of being transferred manually - M'wNder load. Circuit breaker type switches will not be considered equal. '' ~ TS-1 shall be an ONAN Model OTUCK-600-4/1018 with time delays on starting transfer, retransfer, and engine shutdown. TS-2 shall be an ONAN Model OTUCK-200-4/1202. The complete standby podlr system shall be built, tested, and warranted flttr a period of five (5) years or fifteen hundred (1500) hours by one manu- facturer, so there is one source of supply and responsibility. The entire system shall be tested after installation by factory -trained Y*OCAnicians who shall supply all engine lubricants. The system shall be tested the jobsite under full rated load with a resistive load bank in the presence -6f the Architect/Engineer. Notarized copies of lab reports certifying compliance with these specifications *an by a recognized independent testing laboratory shall be made available to the :relritect/Engineer upon request. TO' M- 2' IN Sal' GIST. PHL. . "W `.{52 a• l PWL P NL 'HL' 'HM• `HN' U44-064� r+ A. -A _-A a..". MC 3 Ir -,Y"IA 16 4' 1*0 Ss-4 FLOOR 4 TEN"*r PAWELS r x 12b#' L(Ab Wt nA 0 I 0 r I r I r 1 r!, O 0 0 Q o ❑ o t� 0 0 �~� o ai- ot�� TO Sa *' TO 2 ad FEOOR TENANT PAMELIS I 127 k r2" LOA b CARTER Fmc z I Wr r I THIRD FL. METER RM. L J 10 o �� r I 0❑ L A ❑ of ❑ L I --W� O o c� r I OV4 ..I L..j SECOND FL, METER RM. D Drawn 'a' Apo LP' D L P7 '04 ftwop 7- Il%V STREET SUITE 201 ':84 647 MW 119 S .10.114 b Wmir" WAIM FLO*" 3544 14 sm. on% r