HomeMy WebLinkAboutCC 1981-12-01 Minutesv
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CITY OF MIAMI
op
e oQ`
OF MEETING HELD ON DECEMBER 1, 1981
(WORKSHOP)
PREPARED BY THE OFFICE OF THE CITY C"
C 1 TY HALL
PALPH G,' ONGIE
CITY CLERK
INCEX
AWRIONflAF&IDA
rINANCE
10 ND. (SPECIAL WORKSHOP) SMLT DECEMBER 1, 1981 SOLUTION O, PAGE NO,
1 INTRODUCTION AND PURPOSE OF HEARING:
(ACTING PLANNING DIRECTOR:
Joseph McManus) I DISCUSSION 1
2 BACKGROUND AND OVERVIEW OF THE PROPOSED
ORDINANCE:
(DR. ERNEST BARTLEY, ZONING CONSULTANT) DISCUSSION 1-3
3 I ORDINANCEMMENTS ON PROPOSED NEW ZONING I DISCUSSION I 3-19
WORKSHOP SESSION
• OF THE
CITY C(')PrMISSION OF MIAMI, FLORIDA
On the le` day of December, 1981, the City Commission of Miami, Florida
met at Bayfront Park Auditorium, 499 Biscayne Boulevard, Miami, Florida
in Special Workshop Session.
The meeting was called to order at 7:05 P.M., by Commissioner J. L. Plummer
with the following members of the Commission found to be present:
Commissioner J. L. Plummer
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
1. I1ITRODUCTION ARID PURPOSE OF HEARING
(Acting Planning Director, Joseph ticlianus)
Mr. Plummer: I would now ask Mr. Joseph McManus, the Director of the Planning
Department to give an introduction and the purpose of this hearing. Mr. McManus.
Mr. McManus: Thank you, Commissioner. For the record, Joe McManus, Acting
Director of the Planning Department. This is the first of two public hearings
on the proposed new zoning ordinance. The second public hearing will be held
on Tuesday, December 15th 7:00 P.M. at the same location. For the benefit of the
Commission this hearing has been duly notified all property owners. We estimate
some eighty-eight thousand property owners in the City of Miami have been notified
and the advertisement was placed in the Herald to satisfy legal requirements.
For your information there was listed in the notices and the legal ad the
telephone numbers of the hearing Board and the Planning Department. Two weeks
ago we were flooded with telephone calls. I indicated to you the stack of
telephone messages that we have responded to, to say nothing of the numerous
telephone calls that we had and we were able to handle with a minimum of delay.
But again, I would like to apologize to anybody who was inconvenienced by that.
Now, I would like to introduce to you Dr. Ernest R. Bartley. He has formerly
been a consultant to the Florida Legislature, particularly with the Monumental
Local Government Comprehensive Planning Act and the Environmental Land and Water
Management Act. Dr. Bartley is currently a professor at the University of Florida
in Gainesville, is a recognized national expert on zoning and he has been assisting
the City of Miami for the past number of years on various zoning problems. Dr.
Bartley?
2. BACKGROUND AND OVERVIEW OF THE PROPOSED ORDINANCE
(Dr. Ernest Bartley, Zoning Consultant)
Dr. Ernest Bartley: I believe that everyone will be able to hear me, if not,
please let me know. Members of the Commission, ladies and gentlemen, some of
you may have had the privilege of going over into the new city administration
building and if so, you may have noticed in the hall just outside the Public
Works Department a section of redwood pipe. This is a very large section.,
Two and a half feet in diameter or perhaps more bounded with steel rods. This
is a section of the first major water main in the City of Miami and it's
preserved there in front of the Department of Public Works. We all know of
course, that there are no remaining wood water mains in the City of Miami today,
because the City of Miami has changed and those old mains simple would not
perform that function that is necessary to perform in getting water to us.
In a sense that's all that's happening here tonight. What we have is a situation
where the City over a period of time has out grown in many ways its present
zoning ordinance. A zoning ordinance which served its purpose at the time
of its adoption when the City had large areas of vacant land and we know, of
course, today that there is much less than five percent of the City of Miami
that is vacant and everyone of us knows that in terms of any development that
will take place almost certainly thing that presently stands on a Owe i��i
will have to come down. We have got one stage and I want to emphasize that
very seriously. We have one stage in a process here tonight. I have been
fortunate. In one capacity or another I have been associated with the City
of Miami for some fifteen years in a variety of different types of land use
regulatory activities. Commissioner Plummer will remember back in 1972, I think
it was and perhaps some of the members of the audience will remember that the
City started one stage in the process when it amended its City Charter to provide
for a planning program. That has been carried forward and in conformity with
the act of the Legislature in 1975, the Local Government Comprehensive Planning
Act the City of Miami adopted a comprehensive plan. One section of that 1975
act requires that all--- notice I said all--- all means of implementation of
that plan which the City of Miami adopted back several years ago must be in
conformity with that plan, must be consistent with that plan. This zoning
ordinance which is being proposed constitutes one stage in the implementation
of the Miami,Comprehensive Plan. I think that it's necessary members of the
Commission for the record here to point out that in 1974, 1975 the Comprehensive
Plan was worked on, was adopted, then immediately work began on a proposed
new zoning ordinance. This has been in the works for quite some time. I have
no idea how many man hours and woman hours have gone into this document and I'm
not talking about the members of the staff, I'm not talking about the consultants.
I'm talking about citizdns man and woman hours. There were public hearing before
the Planning Advisory Board duly advertised, duly noticed with a letter sent
to every property owner in the City. Back of that there were days and days and
days of workshops with the Planning Advisory Board. There were Committees of
architects and users and real estate people and from time to time, Commissioner
Plummer, you will recall, we reported to the Commission as to the progress we
were making. The Planning Advisory Board did hold those public hearings End the
document which is presently before this Commission represents the work collectively,
not just of the consultants and the staff, but of the Planning Advisory Board
and of these various Committees which went over the document line by line. The
document that is before you is not the same document, of course, and I am sure
that if this Commission in its wisdom ultimately adopts a new zoning ordinance,
that there will be changes made in the document. I want to bring some words of
reassurance here tonight, because there are a number of you who perhaps are
unduly and unwarrantedly disturbed. This document does not interfere with, change
or otherwise restrict. The majority of properties in the City of Miami there
is no change at all in this document which increases restrictions on single
family residential properties or on duplex zoned properties. In Dade it eases
up a bit in terms of required yards for single family and duplex properties.
If we counted acreage the overwhelming percent of acreage in the City of Miami
simply will not be affected by this document. Those of you who have existing
structures need have no fear about this ordinance in terms of requiring and we
have had some questions on this apparently in terms of the City requiring you
to turn them down or anything like that. Rumors like this get started and it's
simply not true. Those of you who presently have buildings under construction
will be permitted to continue those buildings to their ultimate completion and
to utilize those buildings for the purposes for which the original building
permits were pulled and I think that kind of reassurance is important. Now,
in terms of trying to answer the next question, which some of you undoubtly
have, if we are not going to affect the overwhelming precentage of acreage in
the City, why do we need a new zoning ordinance? Well, there are several
reasons, one is very quickly stated. The present zoning ordinance is quite
old, it's had a number of amendments added to it, there are lots of contradictions
and ambiguities in it. It's cumbersome, it's unwieldy. But that aside there
are areas of Miami where redevelopment must take place in terms of the economic
viability of the City and here differing regulations are required, because we
are in a redevelopment context. The idea of mixed use in some parts of the
City, mixtures of commercial, residential and office use, this is important.
There are areas that are affected. The acreage is not great, but there are
areas of this type where redevelopment must, should, will, take place. There
is another aspect to this ordinance, which again, for most of you, you will
never notice. This is the idea of trying to streamline procedures for a variety
of types of permits. At the present time some of these things that individuals
want to do require full scale public notice hearing, red tape, a whole variety
of types of procedural actions. The new ordinance sets out some six different
types of permits and for those types of activities which really are not all that
serious in their impact, these will be disposed of or handled or treated at
an administrative level by the Zoning Administrator or by the Planning Director.
The Zoning Board will continue to handle what are known as special exceptions
or as you present ordinance calls them, conditional uses and in terms of really
major developments, there will be a system which will be directly in the hands
of the City Commission called a "Major Use Special Permit". For thoses types
of uses which otherwise under the present ordinance might require rezonings and
02 DEC 11981
0 0
variances and special exceptions and changes in the basic land use plan, wrapping
now all of that together, most of you aren't interested in that one I know, but
I'm trying to illustrate a range of special permits, so that people will not
in most instances be held up on some of these things as they are at the present
time. I realize, members of the Commission and Commissioner Plummer, that I'm
taking too long here. One last point of the reassurance. So far as I am
aware there is no place in this ordinance, no location in the City in this
ordinance where intensities of use under the present ordinance have been reduced.
This is necessary, because as I have said there are areas where we have to
increase densities. People are afraid of densities and I don't blame them
particularly because this is my business, but we have a saying in the planning
profession, that it's not how dense you make it, it's how you make it dense.
And this ordinance is based upon a system which has been proved now for almost
twenty years nation wide, the so-called land use intensity system where lot
size is related to floor area and in turn that automatically relates to such
things as open space, livability space, recreation space according to set a
formula throughout the City what are called "Land Use Intensity Sectors" have
been assigned. Those land use intensity sectors are very low, of course, in
the single faintly duplex areas. As you get closer to Downtown or as you get
to those areas where denser development is required the sector numbers increase,
but there is still in each set of numbers a relationship between open space,
livability space, recreation space, floor area ratio, the amount of square footage
you can put on that lot. An attempt at even handed treatment, it works, we
know it works. There are a number of other new features in the ordinance,
I won't discuss them at this point. Some limited transfer of development rights
which is another technique, increased emphasis on planned development, a variety
of techniques of this kind which will bring Miami zoning into the context of the
1980s. I thank you.
3. PUBLIC COMMENTS ON PROPOSED NEW ZONING ORDINANCE.
Mr. Plummer: The first speaker is Mrs. Selma Alexander.
Ms. Selma Alexander: Selma Alexander, I live at 2323 South Miami Avenue. Good
evening Mr. Plummer and Mr. Dawkins and Mr. Perez. I am very happy to see that
at least our two newest Commissioners found it important enough to attend this
most important hearing and as for J. L., I expect you to always continue to
hear this kind of hearing. I have a vested interest, not that I own property
that's going to be affected, but my vested interest is by virtue of the fact
that I sat on the Planning Board for six years and worked with a very dedicated
group of people who started off with all kinds of dreams in their head about
how we were going to really revamp this City. We came up with an excellent
Comprehensive Plan with the Planning Department and with the consultants.
Unfortunately, we are about to lock some of the barn door after the horse has
been stolen. This plan is just a plan until it's implemented. The implementation
is what we hear about tonight in the form of a new zoning ordinance up-to-date
and in keeping with what's needed and I can't more strongly urge that you try
to adopt it as best you can and as quickly as possible. Unfortunately it's
been delayed while people have been nibbling away at certain areas that were
under review and due for certain kinds of changes and some of it's been given
away, but at least try to preserve what's left for the redevelopment that
necessarily must take place and I feel that I have a right to speak in this
fashion since I did study hard, work hard and thought I best represented the
interest of the individual land owner here, not just developers and so on.
Thank you.
Mr. Plummer: Thank you, Ms. Alexander. The next speaker
You have three minutes, sir. You do not have to give your
in a normal hearing because it is already on the cards.
is Mr. Jorge Estevas.
address as you would
03 DEC 11981
Mr. Jorge Estevanez; My name is Jorge Estevanez, I'm a property owner at the
City of Miami. I own property at 4220 Northwest 7th Street. I'm here together
with a group of property owners in the same block, but for the purpose of time
it was decided that I would speak in their name. So, there is five of us here,
Mr. Villar, Ar. Cardenas, Mr. & Mrs. Trueba. In addition we talked to Mr. Collins
and Mr. Good. This particular piece... group of piece of property front on
Northwest 7th Street between 42nd Avenue, which is Lejeune and 43rd Avenue. It's
presently zoned R-3 and the change of the zoning is... or the new zoning
classification would be RG2-4. Now, the property is basically surrounded by
all types of commercial property. In front is a large parcel of nine acres which
is called the "Abraham Site" which is presently zoned C-2 and next door is a
piece of property zoned C-4 which fronts on Lejeune Road and backs to... My
particular property also has a bank in the back which is being used as a parking
lot for the bank and what we are here is to ask that this particular block that
the zoning be changed to something that is more conducive to the environment
at which it's:affronting. We don't think that the traffic on 7th Street is
conducive to any type of commercial... I'm sorry, to any type of residential
redevelopment. The intensity of traffic is such that it's just not suited for
that type of thing and that some type of commercial development would allow us
as property owners to improve the property. Now, what we don't know is what
the process is to get... to follow through in terms of getting this implemented
I would appreciate, you know, some direction in that...
Mr. McManus: For the information of the gentleman, it is impossible in approaching
an ordinance of this complexity to go into any substantial rezoning and for that
purpose we have not gone into any rezoning as such. Now, what this gentleman
is requesting is a substantial rezoning from residential to commercial on his
property and I would suggest to him that there is ample opportunity to apply
for a public hearing on the rezoning of the property and he can apply at the
Department of Planning and Zoning Administration Boards, but very clearly that
is not our recommendation at this point.
Mr. Gary: If I may, what I would suggest is that you set up a meeting right
now with Fir. McManus and we can explain to you the process by which you have
to follow to accomplish what you want.
Mr. Estevanez: Because what we would like to do is do it as a group instead of
doing it individually, because it doesn't seem, you know, right that the
ordinance is being applied now, that six or seven property owners would all
have to apply individually, but somehow organize it so that... where, you know,
five of us are here today and we would like to do it in a group process.
Mr. Gary: Sure, Mr. McManus will be happy to meet with you.
Mr. Plummer: And that will also be very tioi saving too, for the group.
Mr. Estevanez: Thank you, sir.
Mr. Plummer: Thank you, sir. The next speaker is A. E. Quinton, Jr.
Mr. A. E. Quinton, Jr.: Thank you, Mr. Commissioner, I will try to make this
brief an in an effort to expedite my particular portion of this hearing. I
have given to each one of the Commissioners, I have previously sent a copy of
this letter to Mr. McManus and a copy to Mr. Gary, the City Manager. My name
as the Commissioner stated is A. E. Quinton, Jr. I happen to own the property
located at Coral Way 186 Southwest 13th Street. I basically own the whole
north half of the block running from 2nd East toward the Rapid Transit Station.
Florida Power and Light owns the south half of the block and they have recently
petitioned for a substation. I'm sure you all are aware of that. I attended
the Planning Advisory Board meeting on that sometime ago. I would like to
compliment Dr. Bartley and the Planning staff on their fine work over the
years. However, I think everybody realizes that in an effort of this magnitude
there are going to be some errors and problems that have occurred and I somewhat
speak for Mr. Francis who I think is listed at a later time, who owns the block
entirely west of me. So, between Mr. Francis and myself and Florida Power and
Light, we basically own all of what is known as area on Brickell Avenue station
map and I think this area deserves some special consideration. The property
has been zoned R-C and I presently have gone to the extent of hiring project
managers and architects. We have gone through the schematic design phase to
build at least a ten story office building and there are developers telling me
that I should go for a little higher density, but I would like to point out
that on the map instead of R-C or as I was given to understand right from the
first days when these plans were presented in the Bayfront Library by Mr.
and others, my property and Mr. Francis and others would have always been retained
as an R-C usage or nothing lesser than that, but in the present mapping which the
Planning Department tells me is a mistake in which I should bring before this
Honorable City Commission, it has shown us RG-2 and I would like to have Mr.
McManus's comments when I'm through on that point. It would be very detrimental
I think to the present property owners. I think it would be outside the real
scheme of what I understand to be now the Brickell Avenue plan to create and
maintain the same use, but create higher intensities. In effect, the plan as
presented through this error in mapping I'm told would actually decrease the
type of usage we can make in our property and it would decrease the intensity,
which I don't think from Dr. Bartley's presentation is the intention of this
ordinance whatsoever. I have put in Mr. Plummer, my letter of various other
facts and considerations. I would actually like the Planning Department not
only to preserve the R-C zoning or RO-36 as they say it should be, but to
consider a mixed use purpose for this particular area which is the start of
the Brickell avenue to Coral Gables corridor and I think it's very vital to the
utilization of the property by the City in an appropriate way. Thank you.
Mr. Plummer: Mr. Quinton, let's see if Mr. McManus can maybe quickly answer
that, if not, we will try to get you two together between now and the 15th.
Mr. Quinton: I appreciate the opportunity...
Mr. McManus: Members of the Commissioner, we have had discussions with Mr.
Quinton. We agree with what he says to the point that we are talking about
his property being residential office 3/6 and we agree with that. We will
investigate his request for a higher intensity and get back to him.
Mr. Plummer: Will you be giving an answer to him prior to the 15th?
Mr. McManus: Yes.
Mr. Plummer: Would, if in fact you suggest that it be changed, would you
do it without him having to come back here?
Mr. McManus: Yes.
Mr. Plummer: Mr. Quinton, do you understand that, sir?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: Hopefully, you can stay home the next time and watch t.v. if they
all agree.
Mr. Quinton: (COMMENTS INAUDIBLE).
Mr. Plummer: Now, on the next speaker I have to apologize, the first name is
Dar, is it Dace?
Mr. Dar Pace: Pace.
Mr. Plummer: Pace. Alright, sir. You have three minutes Mr. Pace.
Mr. Dar Pace: Thank you. I'm one of the unfortunate people they mentioned
about and they claimed in writing and verbally that they are not lowering
density on a particular piece which I bought for some years and have paid taxes
based on an'.R-3 use and it's presently appraised at fifty percent more than
adjoining property that is R-2 use. They are requesting to lower the density
to a R-2 use from R-3. I have signed affidavits from adjoining properties
2-D requesting the zoning be made R-3 as it has been, because they are encouraging
me to redevelop it. Presently the property has a warehouse on it which you
wouldn't tear down a warehouse to build a duplex, but to build an apartment
house it makes sense. It's only four blocks from the Rapid Transit System
and it, you know, it fits well. The area is not low density, it's... primarily
there is four cars to every lot. So, I'm requesting they reconsider. I have
all of the documents and pictures of adjoining property that is R-3 use.
Mr. Plummer: Mr. Pace, may I suggest, sir at the conclusion of this meeting
this evening that you submit these documents to Mr. McManus and let him give
consideration and hopefully give you an answer prior to the 15th meeting or
you of course, have the right to come back.
Mr. Pace: Thank you.
0
Mr. Plummer: Thank you, sir. Let me make one brief statement, if I may. I
want you to understand that this plan which we are talking about this evening
is not set in concrete. It is proposed and for that reason we are having these
public hearings for public input and then the Commission will make up its mind
hopefully, in January as to what will be set in the concrete. So, what we are
talking about here this evening is a proposed plan. The next speaker is Bennet
Pumo.
Mr. Bennet Pumo: Good evening, I'm Bennet Pumo. As you know we have got a
number of warehouses around the City of Miami over a million square feet and
five hundred businesses within those warehouses. One of the particular parts
of this ordinance is a very minute part, but a very important part for a
landlord or warehouse owners or commercial property owners and represented by
the certificate of use. Now, with a certificate of use this is a tax imposed
upon a person•or a business to use a particular piece of property. It's not
his license tax, it's a certificate of use tax placed upon the individual
business. Now, I as the landlord, we pay our certificate of use taxes for our
office. We pay our licensing tax to rent warehouses. We are issued certificates
of occupancy when we complete and build a building to rent the property out to
business or users or storage people. Now, we have a dilemma when a certificate
of use runs out and this particular tenant does not renew it or he has never
applied for the certificate of use, if this persist for a period of ninety or
a hundred eighty days, that building becomes nonconforming. A nonconforming
use not just in the use in zoning text, but in building codes as well, which
would mean if I rent a building or a particular unit to a tenant and he fails
to get a C U and he doesn't get it, there is no notice ever sent to myself as
the owner of the property that, that building is in a non-CU status. Now, what
happens is when he moves out and a new tenant comes in he goes down to
comply and buy a certificate of use, the Building Division tells him that building
has been vacant, even though it's been occupied according to Mr. Bartley, the
only thing that constitutes use in a particular property is the certificate of
use. The Building Department has been instructed from what I understand that
a lease does not constitute use, occupancy, receipts do not constitutes use,
that the only thing that constitutes use of a piece of property is a certificate
use which is a tax imposed by the City authorities. Now, if we, the owners are
penalized without notice, in turn the owners have to enforce a code that's
imposed. Now, we shouldn't have to impose tax collect as owner for penalization.
When the tenant does not obtain his CU the owner becomes penalized not knowing.
That tenant may occupy the property for five years clown the road. Now, when he
moves out the new tenant comes in, the owner is supposed to comply with all new
ordinances, landscaping, handicapped and whatever. I think this is a gross
injustice to the owners, because we do not get notified of seve-e penali;:ies
imposed by this ordinance because a tenant who is the user/occupant does not
comply with the ordinance. The ordinance is written for the tenant or the
user of a property, not for the owner of a property. It is a tax to a user
and not the owner. The penalties are only implied upon the owner and not the
user and this is grossly unfair.
Mr. Plummer: Mr. Pumo, let me see if may be Dr. Bartley could address your
problem briefly.
Mr. Pumo: Ok.
Mr. Plummer: Doctor.
Dr. Bartley:. I don't know that there is any brief answer, Mr. Plummer, but
But the provisions in which Mr. Pumo speaks are in the present ordinance. As
far as I am aware, while there may have been some changes in phraseology there
have been no changes in the substance of the requirements in the present ordinance.
Mr. Plummer: What you are saying is that today it is the same as what is being
proposed?
Dr. Bartley: I would have no... I don't think we ought to... I will be glad
to talk to Mr. Pumo for a few minutes afterwards if he care to, but I think
you will find that the substance of the present ordinance and the language
to which he refers are... is substantially the same.
Mr. Plummer: Mr. Pumo.
Mr. Pumo: I realize that there are some simularities within the ordinance, that
what they have changed in the new ordinance from the old ordinance, is they have
included tenant and or owner, where that was never depicted in the last ordinance.
And also under the enforcement of the certificate of use as far as who is going
to enforce this certificate of use They have placed the enforcement upon, indirectly
upon the landlords or the land owner rather than the administrative offices and
the employees of the Building Department as stated in the old ordinance. The
ordinance says that implementation and enforcement will be by the zoning
administrator, its building officials and everything. The new change says
only the zoning administrator, but if the zoning administrator fails to do his
job it is up to the owner, that even though the zoning administrator does nothing
the owner will still be penalized. I know I'm taking up time, but I want the
public to be aware of what's going on.
Mr. Plummer: Mr. Pumo, I think your problem... fine, sir. What I'm going to
suggest is, it sounds like to me that your problem is more a legal problem than
it is a zoning problem and I'm going to ask Mr. Valentine of the Law Department
to get with ybu and get your problem and then in fact... Mr. Percy of the Law
Department and he will try to get with you on this particular problem and
see if there is a way of resolving it and explain it all to you and if not, then
you have the right to come back on the 15th.
Mr. Pumo: This book was written January 24, 1979, the first writing of it and
back in 1979 is when I first approached this problem and brought this exact same
problem up them and... I have been with Acton, McManus, Whipple, the whole
bunch.
Mr. Plummer: Try Mr. Percy.
Mr. Pumo: They are writing it though.
Mr. Plummer: I'm told that there is a revision of May of 1981.
Mr. Pumo: It's the same thing.
Mr. Plummer: Ok, I don't disagree. Here is an old, old name in the Miami area,
Mr. C. Guthrie Babcock.
Mr. C. Guthrie Babcock: Commissioners, ladies and gentlemen, Mr. Plummer an
old Key West conck, as a property owner of the City of Miami this is along
the lines of Pumo's. Now, it's more than a legal problem, it's written in there
and as a property owner in the City of Miami at 2280 Northwest 73rd Street a
twenty-four thousand square foot warehouse with seven tenant and as a representative
of the following Miami property owners, Ms. Tony Eden, Ms. Agnes Mitchell,
Ms. Anthony K. Mitchell, Ms. , Mr. Joe Rosenthal. The above owners
together with Pumo and Son who owns about fifty or more warehouses in Miami
must represent close to majority of the warehouse owners in the City of Miami.
We collectively and individually wish to state we are not opposed to your
zoning changes. However, we collectively and individually are strongly opposed
of that part of your zoning change in your new zoning ordinance that makes the
landlord responsible for making their tenants pay the annual use tax.
Mr. Plummer: Guthrie, may I suggest since your problem is the same objection
of Mr. Pumo, that you go over and join with the huddle over there of Mr. Percy
and Mr. Pumo and let's hopeful that you can resolve something in that there.
Unless you have something different than what Mr. Pumo brought out. Is there
anything different in your objection than his?
Mr. Babcock:- No, all I want to say that the property owners are willing to
cooperate a hundred percent with Zoning and Planning. You know, Mr. Plummer,
of 1955 when Elton Gissendannefw was the Mayor of North Miami, he appointed me
to the Planning and Zoning Board of the City of North Miami. When he swore
me in he said I want to tell you one thing Babcock, I want you to do what you
can to help the City of North Miami and I don't want you to do anything that
would be a burden on the property owners. That's the reason I'm here. Thank
you.
Mr. Plummer: Alright, Guthrie, why don't you go over with Mr. Percy and Mr.
Pumo, hopefully, we will get something ironed out for you. Mr. Carl Mullins.
Mr. Mullins?
Mr. Carl Mullins: Good evening Commissioners, especially Mr. Plummer, as he
said we are old friends. Now, unfortunately, I got... all the copies were
sent out, Mr. Reids, all the copies were sent out, but the way you sent them
07 Er, .
D
V� *11
out ---I want to bring this up %.�;-st--- very few people of my caliber could
interpret the dogga-:e things. I even called my lawyer and he didn't know
what the heck you were talking about. I have got friends on the Planning
Department, they went over there, they didn't know what the heck they were,
come on. Now, it appears to me somebody down there didn't want us to know.
Now, I have been handling property in this town for forty years and it appeared
to me somebody wasn't too particular about us little laymen knowing what the heck
was going on down there. Now, I don't live but two blocks from Zoning, so
I surely can work over there if I'm not able to ride. To make a long story
short, the notice I received previous to this one gave me much more to go on
than this notice. The next thing I want to say, Mr. Plummer, you are well
aware of my property. I'm in the area of 5th Street and 4th Avenue, one block
West of I-95, 5th Street around 4th Avenue. I own the equivalent to a block of
property in that area. I have worked forty years, forty hard years. I did
everything you good white folk told me I had to do to get ahead. Now, you are
telling me that you are going to cut the price of it, that's what you are going
to do to it, you are going to cut high density... when you wanted to build
Orr Towers I received... and I gave permission to build Orr Towers or Jack Orr
Plaza, I'm sorry, they wanted to go high density. When they got ready to
build the Police Department I gave permission to go ahead with it and now
you want to change horses on me in the middle of the stream, you know. All I'm
saying is this, I worked forty years to get it and before I let it be taken
I will work forty more. Now, I wish the Commission would consider this thing
very, very seriously and carefully. The next thing I want to bring out and I'm
going to let you go. What is the purpose... now this thing may be good in some
areas of the City, what is the... I'm worried about my area like everybody is
worried about their area. What is the purpose of changing the zoning in my
area when I have been looking at five blocks of vacant land there for... How
long Mr. Reid? Eight years? Ten years?
Mr. Reid: Seven years at least.
Mr. Mullins: Alright, and you haven't done anything... I'm the only person
that have spent hundreds of thousands of dollars in that area to give the poor
people somewhere to live, somewhere to stay, some stores and some whatever,
laundry mats, now you are going to kill it for me. You just don't come and
say here... a Black man in this town don't have no future. The ones that do
try don't have any and the ones that don't try, I know doggone well they don't
have any. I think... please consider this.
Mr. Dawkins: May I ask you a question?
Mr. Mullins: Yes, sir.
Mr. Dawkins: The two vacant lots from you, who own them?
Mr. Mullins: The two or three blocks... if I said lots I apologize... blocks
of land.
Mr. Dawkins: Who own them?
Mr. Mullins: The County or the City is t'-.e biggest property owners in the
area. The County... alright, the County, I understand. The biggest property
owners in the general area and you are talking about tax... my tax went up
like everybody else. When you can develop some of this land and do something...
but what you are going to do, you are going to come down and change my zoning.
I'm not bothering nobody. Thank you.
Mr. Plummer: Mr. David Sachs? Mr. Sachs?
Mr. David Sachs: My name is David Sachs and I own the property just on the
other side of Moon and I also can't see why you are lowering the density when
we are planning a motel or a highrise there. It's beyond me that you would even
plan something like this and I really don't know what... We are zoned C-4 now
and it's going C-2R and I get so many conflicting stories of what C-2R is.
Can we put a hotel or a highrise on there? Some people say "yes". Some people
say "no".
Mr. Plummer: Mr. Sachs, we can easily answer that for you. Would you give
him a brief definition of what his proposed zoning is?
Mr. George Acton: /7, is that correct? I know we changed it from C-4 to C-R2.
08
DEC 1 1981
Mr. Plummer: What are the allowable uses, Mr. Acton?
Mr. Acton: Well, it's commercial residential which allows hotel/motel, which
Mr.... which the individual is, you know, wants to build. According to what he
tells me there is height restrictions and the intensity, I Believe is the same.
In other words, as is presently allowed.
Mr. Plummer: Well, do we have a paper here that would spell out for him exactly
what that will allow?
Mr. Acton: Yes. Right, yes, we do. Yes.
Mr. Plummer: Well, would you make sure he gets a copy of it?
Mr. Acton: Yes.
Mr. Plummer: If you will see Mr. Acton, he will get you a copy that will tell
you the allowable uses. Alright, sir?
Mr. Sachs: Yes.
Mr. Plummer: Thank you, sir.
Mr. Plummer: Nicholas Frantzis, I hope I'm correct or close.
Mr. Nicholas Frantzis: Good evening ladies and gentlemen, members of the Commission,
my name is Nicholas Frantzis. I'm the property owner of block 93S which is part
of Section 11 of the new proposed mapping of the new ordinance
Mr. Plummer: Approximately where is that, sir?
Mr. Frantzis: This is the Coral Way section between the Metrorail Station and
the commercial section west of I-95.
Mr. Plummer: Alright, sir.
Mr. Frantzis: Now, that section for the last fifteen, twenty years was zoned
R-C, residential commercial. Now, mistakably as I hear from the Planning and
Zonine Department it was noted on the map that was changed to RG-36 which
we object and I think the Planning Department will stay behind their promise
that they will correct the notice of the map and as the proposed new ordinance
zoning map there the R-2 section becomes automaticly RO-36 and I will appreciate
if you will just follow your promise and your commitment and do the proper
changes in all your maps. I will appreciate it very much. Thank you, very much.
Mr. Plummer: Mr. McManus?
Mr. McManus: We have had conversations with Mr. Frantzis. We agree with what
he is saying and we will proceed with the changes —the zoning on there to R03/6
as he has requested.
Mr. Plummer: Alright, sir. You are an instant winner, sir.
Mr. Frantzis: Thank you, very much.
Mr. Plummer: Alright, sir. Mr. Jack Baptiste. And the next speaker is Mr.
Mitchell. Mr. Mitchell, come forth and be ready to speak.
Mr. Jack Baptiste: Yes, I am Jack Baptiste. I live at 6911 Northwest 2nd
Court. So, I am trying to do a little business over there,but I do not'luake it. I'm
trying to do a little business over there, but I would like to find out it
you can give me any chance to build on the place so I could do some kind of
business or not. What do you want to do with tlat?
Mr. Plummer: In other words, what you are asking, sir, is what will you be
able to do with your piece of property if this is adopted?
Mr. Baptiste: I work for a mechanic.
Mr. Plummer: Alright, Mr. Reid, who can take him to a chart and answer his
question.
09 DEr� s ��,
a 4
Mr. Reid: Mr. Martinez.
Mr. Plummer: Mr. Martinez, where are you? Raise your hand. You see, Mr.
Martinez in the back, sir. Raise your hand, Mr. Martinez. Mr. Baptiste he
is waiting for you, sir. See if he can't answer your question. The next is
Mr. Donald Mitchell and the next speaker will be Maria Arocha. Mr. Mitchell.
Mr. Donald Mitchell: Good evening, I'm here basically to congradulate the City
and the Planning Department, especially, Mr. Acton for their year or two of hard
work and these endless... seeming endless meetings of the Planning Advisory Board.
I think the document we ran out of this evening is a little different than the
one a year and a half ago. I'm a bit disturbed by what the Doctor had to say
and some of the statements made since then regards density. My idea that increased
density would broaden our tax base and thus reduce taxes. On density an elderly
site in Allapattah that I have been interested in negotiating to build the only
housing has been R-3 and it's tonight I see RG1/3 and another site, a condominium
site in Little River on the Bay has been R-4, has apartment adjacent to the empty
property and it's reduced to RG2/5. I realize the difficulty in technicalities
of where you measure your setbacks and your... and how you arrive at your floor
area ratio. My property in the Civic Center, I believe a year ago was /8 or
2.42 intensity and it is today /7 or 1.73. Irregardless I will get with staff
during the week, but I would suggest a publicly announced meeting for property
:_wners, builders and developers perhaps early next week to get all the technicalities
of this on both sides so they understand it fully.
Mr. Plummer: Mr. Mitchell, they are available, sir, everyday from 8:00 to 5:00
and it would be impossible for the Commission to convene next week because we
do have a full Commission meeting. Of course, the next meeting of this public
hearing is on the 15th and hopefully you will be able to get your problems resolved
prior to that meeting or come back here once again and voice your objection of
this.
mr, Mitchell: I have no doubt we will settle it at staff level.
Mr. Plummer: I sure hope so.
Mr. Mitchell: I was just suggesting it for efficiency to get a one day for all
builders to be invited.
Mr. Plummer: Alright, sir.
Mr. Mitchell: Thank you, sir.
Mr. Plummer: Thank you, sir. Maria Arocha. The next speaker is Aurea Bayles
and the next speaker on deck is Robert Clark. Yes, Ma'am.
Ms. Aurea Bayles: I have a house in 69 Northeast 50th Terrace and acres: the
street where everything is duplex and multiple apartments and I have an efficiency
in my house in one them which I'm paying taxes for that efficiency and I can't
rent it because across the street it's just one houses.
Mr. Plummer: Ma'am, you presently have an efficiency in your house and it is
legal?
Ms. Bayles:' It's not legal... well, I am not renting it. I just bought the
house last year and I can't rent because I don't want to go, you know, against
the law.
Mr. Plummer: Are you presently R-1 or R-2?
Ms. Bayles: R-1.
Mr. Plummer: Ok, you are right, it is illegal to rent an efficency in R-1.
Ms. Bayles: But a lot of people around there, they rent it and I don't want
to rent it, but I don't see why I can't rent it if across the street there
is multiple houses.
Mr. Plummer: I guess that comes under the category that two wrongs don't make
a right. Now, what you are asking for if I understand, is that you be allowed
to make your efficiency legal, is that what you are asking for?
10 D;: '
a
Ms. Bayles: Yes.
Mr. Plummer: Mr. Reid, who can speak to her on the side. Should Mr. Percy,...
because that sounds like a legal question to me.
Mr. Reid: Well, I think Commissioner, it really would require a change in the
basic ordinance and of something that would impact city wide, if we are going
to talk about permitting efficiencies in R-1 areas. We will be glad to talk to
her, but I think that the basic problem is that it has been the policy to hold
R-1 areas as R-1 areas rather than two unit rental areas and if we want to change
that because of housing cost or other concerns that is a very major city wide
issue.
Mr. Dawkins: :But did I understand you to say that you are paying taxes on the
one you can't rent?
Msr Bayles: Yes, I'm paying taxes. I'm paying a lot... I'm paying eight
hundred fifty-three dollars in taxes.
Mr. Plummer: No, no, Mr. Dawkins, she is paying taxes on a single family
residence.
Mr. Dawkins: Oh.
Ms. Bayles: No, but it says it's with the efficiency in the back.
Nr. Plummer: Well, I don't know how they can tax you for something, Ma'am,
that is illegal.
Mr. Dawkins: That's what I don't either.
Mr. Plummer: Alright, where is Mr. Percy? Is Mr. Percy available.
Mr. Reid: Mr. Valentine...
Mr. Plummer: Mr. Valentine... there is Mr. Percy. Would you speak to this lady
about a problem of efficiencies in single family residence. And that's Mrs.
Bayles. Mrs. Bayles, Mr. Percy is looking for you. Ok, Mr. Robert Clark and
the next speaker on deck is Mr. Leo Swanson. Mr. Clark, you have three minutes
sir.
Mr. Robert Clark: I'm a second generation native born Miamian. I'm a property
owner and an architect by profession. I believe I have read most of the Code
and I think understand it. I want to speak in favor of the Code. I believe
it's a progessive good step in the way for the City for continued orderly progress.
I particular want to applaud the Article 21, Non -Conformity, I think that's a
good step with its vehicle of special permits that takes the work load off of
variance hearings and so forth in terms of the present Code. I would urge the
Commission for their speedy adoption of this new Code.
Mr. Plummer: Thank you, Mr. Clark. The next speaker is Mr. Leo Swanson and
on deck after him is Mr. Jim Stover. Mr. Swanson, good evening, sir.
Mr. Jam Swanson: Good evening gentlemen. I have lived in Miami since 192.
and I want tip see people come in here and see Miami grow
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: I'm sorry, Mr. Swanson, continue, sir.
Mr. Swanson: I have lived in Miami since 1922 and I love to see Miami grow
_ and I think this ordinance may be very well, but I have not found anything in
there about our water quality and quantity. I have seen our water pressure
go down through the years and I believe in... is this not increasing density
on the average, in this new plan multiple housing and a...
Mr. Plummer: Mr. Reid?
Mr. Reid: I think in general it allows redevelopment to occur more easily and
we are in other zoning amendments increasing density in various parts of the
City where after public hearing where it's determined to be beneficial.
11 DEC g 1901
W
Mr. Swanson: Well, that's well and good and I'm for grow'.h, but I don't want
us all here in Miami to wake up one of these days and have just a little trickle
of water cor.:.ng out of the faucet. Right now I can't take a shower when somebody
is using the dishwasher or vice versa. So, that is something I wish you gentlemen
and all our government would watch, that we increase our supply of water, increase
our pumps where it's needed and work that into these formjlas. Thank you.
Mr. Plummer: Thank you, Mr. Swanson, I think you make a very fine point. The
next speaker is Mr. Jim Stover and on deck will be Marcie Ersoff. Mr. Stover,
good evening, sir, nice to have you here.
Mr. Jim Stover: I'm glad to see a new zoning ordinance on the way, but I'm a
little confused after buying this big book and the maps, the large maps of the
area that I'm most interested in around the Omni and Biscayne Boulevard. The
zoning districts on Page 4-1 of Article 4, Section 400 are listed as R-1, etc.,
RO-1, CR-1, 2 and 3 and then it goes on down. Those are examples. Then on the
maps in the Biscayne Boulevard area the commercial that was once C-1 is now CR-317
then there is some other CR-217. There is no correlation between the book and
the maps and the charts I have here, you have got the CR-2, 1, 2 and 3, but
there is no 317 or 217. I don't understand that.
Mr. Plummer: I see Mr. Acton jumping to his feet, so, let's give him the opportunity
to speak.
Mr. Acton: I suggest that he, you know, steps to the back of the room after the
meeting, but what you are looking at is actually CR2/7 or CR3/7. CR means
commercial residential.
Mr. Stover: Yes, I know.
Mr. Acton: You know, and the last number is not 17, it's 7 and 7 is the land
use intensity rating which is roughly equivalent to the existing C-2 and that
FAR of 2.0.
Mr. Stover: I see. The map has a slash instead one.
Mr. Acton: It's a slash, that's not a one you are looking at.
Mr. Stover: That explains it then.
Mr. Acton: But I can see how you can misunderstand...
Mr. Stover: That was my next question. How do you determine the intensity,
because I didn't see anything that said that.
Mr. Acton: Ok, the intensity is listed on the schedule district regulations
on table #1 or 3 and that's on pages 1 or 2, that's covered in the land use intensity
tables under Sector 7.
Mr. Stover: Ok.
Mr. Acton: And you will find the FAR 1.72 which is, you know, correlates to
the FAR. What we have tried to do in all cases was to either match or exceed
existing allowed intensity. You know, we don't want to penalize any property
owner that presently has certain intensity rights.
Mr. Stover:' Those intensities, do they mean the height limitations or what?
Mr. Acton: No, there is no height limitations in either the existing or proposed
zoning in either C-2 or the CR series.
Mr. Stover: Ok, good.
Mr. Plummer: Mr. Stover, now that you have had that explained to you, you can
go home and do some more homework, sir.
Mr. Stover: I'm sure going to do it. Thank you.
Mr. Plummer: Alright, sir, thank you. Marcie Ersoff and the next speaker is
Joaquin Perez. Marcie?
12 DEC , 4C,r
Ms. Marcie Ersoff: Thank you, Commissioner Plummer. My name is Marcie Ersoff
and I am President of the Bay Heights Civic Association. That is an area of
approximately two hundred twenty homes that is bounded by South Bayshore Drive
on the South and U.S. 1 on the North. We are specifically very concerned about
the change of the R-4 zoning to institutional zoning in the Mercy Hospital area.
I am interested in having it explained to me exactly the specific type of
development that institutional zoning allows. I'm wondering if there is someone
here who could explain that.
Mr. Plummer: Marcie, I have just spoke with Mr. Reid, because the problems that
you are expressing, as most people are aware, I live in the same neighborhood.
I have asked Mr. Reid if it is possible to hold a meeting in the Bay Heights
area it your convenience between now and the 15th. I hope that you would include
not only Bay Heights, but the Natoma Manor and Natoma Park and invite those
people. There has been a lot of concern expressed in my office about what is
going to be with Mercy Hospital. So, Marcie, may I suggest that Mr. Reid, you
get in touch with him tomorrow and set up like a little subdivision meeting.
Ms. Ersoff: That's a fine idea.
Mr. Plummer: And I think that way we can hopefully resolve the problem or at
least understand the problem.
Ms. Ersoff: That's right. That's... I think that, that's exactly what is
needed, is a better understanding of what is implied in the change of zoning.
Mr. Plummer: Alright, Marcie, you...
Ms. Ersoff: Specifically, let me just ask him one question for the record here.
We are concerned about how the public can be involved in permitting the development
in this area. What specifically will be the public input in the decision making
process and I think Commissioner Plummer is starting us off on the right track
with some good public citizen input right from the beginning and we appreciate
that.
Mr. Reid: Well, that's the intent of the meeting here tonight and we are glad
to follow it up with a specific public input meeting with the group that you
convene. So, we are interested in as much public participation as possible
to make the ordinance understood and workable.
Ms. Ersoff: Good, well I will call you tomorrow. Thank you.
Mr. Plummer: Marcie, you might remember, Mr. Reid was the bad guy who caught
Mercy Hospital when they tore down the old concrete gates. The next speaker
is Joaquin Perez and the next on deck speaker is Truly Burton. Mr. Perez,
good evening, sir.
Mr. Joaquin Perez: Good evening Commissioners. I just have a couple of points.
I have participated in several public hearings in the Brickell area station and
this is another meeting that I am participating in and I find it a little hard
to believe that with some many changes we have a system that only allows twenty
people to talk on major changes in our area affecting millions of dollars and
millions of people and I'm wondering if there is any better systems that the
Commissioners can come up with to have the public participate a little bit more
in our future. Thank you.
Mr. Plummer: Well, Mr. Perez, if I... and I'm not trying to cop a plea on you...
I know that there has been an awful lot of meetings in reference to the Brickell
substation of the Rapid Transit. There has been public hearings from the Zoning
Board in reference. Now, what else would you have this Commission do, sir?
Mr. Perez: Well, just as an example. In a couple of weeks we are going to have
in the Miami Beach... what is it... the largest indoor flea market. I think if
you go there you will find a hundred thousand people attending and that's only
in a few days and it seem illogical that a business venture just like that can
bring a hundred thousand people where as these major changes in our future are
only bringing a few people.
Mr. Plummer: Well, Mr. Perez, you have got to give me something definite so
that I can help address your problem. Mr. Reid?
13 DEC
Mr. Reid: I think what you are saying is you wish that more people were here
because these are important decisions affecting the future of the City.
Mr. Perez: For example, my father owns land in this area and it's going to be
changed, he just received this piece of paper. He is not here, I came and I
now see the changes that are being made, but why couldn't he be alerted of the
changes that his property was going to have.
Mr. Reid: Let me say that in terms of trying to alert people and I think we
did our best to try and alert people. This is the second mailing to every
property owner in the City and many people aren't here because we had a series
of meetings with the Planning Advisory Board last year in six different
neighborhood meetings in neighborhood schools giving people the opportunity to
ask the same questions that are being asked here tonight. So, one reason is
a lot of people have been involved in the process already and they have had
their questions satisfied. Another and I think things like the citizen guide
in an attempt to convey the information. Now, we share the same frustration
that Mr. Mullins has laid on the record. This is complex stuff, sometimes
it's hard to interest people in it, but anything... we are doing our best.
Any ideas that you have to further participation we welcome.
Mr. Perez: Thank you.
Mr. Plummer: The next speaker is Truly Burton and on deck will be Alvin Horowitz.
Good evening.
Ms. Truly Burton: Good evening, Commissioners. My name is Truly Burton and
I represent the Builders Association of South Florida. A group of our association
members have reviewed the rather complex document and like I said, although,
found it complicated, it seems like a flexible ordinance for residential builders
who make up the bulk of our association membership. The group did want me to
pass along their urgings that anything that is finally passed be as stream
lined and as comprehensive as possible so that developers have the opportunity
to meet the objectives of the City as well as their development which is easy
development and providing housing for all the people in the City. Toward that
end the staff implementation of all the guidelines is going to be very important.
So, a system of checks and balances is going to be important so that the
adminstrative guidelines are going to be even... wanted to make sure that the
record will be open for the next couple of weeks so I can submit a letter for
the record including these suggestions.
Mr. Plummer: Without question there will be another meeting on the 15th of
December just like this one and then you still have the opportunity after that
before the Commission takes final action.
Ms. Burton: Very good, thank you, for your time.
Mr. Plummer: Thank you. Mr. Alvin Horowitz is the next speaker and on deck
is Steve Hamilton. Mr. Horowitz, good evening, sir.
Mr. Alvin Horowitz: Good evening, sir, Commissioners. My question is about
a parking lot on Southwest 37th Avenue which belongs to the Coral Gables
Hospital in the City of Coral Gables, the parking lot is in the City of Miami.
When first established the parking lot was to allow the Gables Hospital to
put a third floor on their structure. It's now operating as an employee only
parking lot. I understand that the Gables Hospital is now looking for additional
property in the City of Miami. With the new plan will this parking lot continue
on the same basis serving the hospital which is not contiguous to it across
a seventy foot street and will they be permitted to acquire additional property
in the City of Miami to serve a hospital in Coral Gables?
Mr. Plummer: Mr. Horowitz, there is a provision in our ordinance which does
provide for off site parking within three hundred seventy-five feet in a
circle, Mr. Whipple. Alright, so the answer is they can apply for the purposes
of off site parking. Your second part of your question was will this lot that
presently exist continue? The answer is "yes" unless they vacate. Anything
today, sir, would be grandfathered, alright and if they are there legally and
conforming they can continue that use because they are grandfathered. That
applies all existing structures. Now, there are areas for example, of anything
that is a non -conforming use. There are restrictions that, that restrictions
is if you tear that structure down you then have to conform to the new rules.
You cannot expand more than twenty-five percent of a non -conforming use, but
to your two questions, sir. Will it exist in the future? If it is existing
14 r ..
0 0
legally today, the answer is "yes" or it can. Number two, can they look for
an additonal off site in the City of Miami? The answer to that is "yes". That
is a conditional use and as such would require a public hearing before the
Commission. Now, that I know is not the answers you want to hear, but that's
the answer, sir.
Mr. Horowitz: Without the approval of the adjacent property owners?
Mr. Plummer: Sir, that's what the public hearing is for. You have every right
to go there to that public hearing assuming they acquire a piece of property
and they wish to have it changed. You have the right to come there and object
and that's why it's a conditional use at the discretion of the Commission to
say "yes" or "no".
Mr. Horowitz:' Thank you.
Mr. Plummer: Thank you, sir. The next speaker is Mr. Steve Hamilton and the
last speaker that I have of record is Mr. Elvis Cruz. I hope Mr. Cruz is on
deck and once Mr. Cruz, if in fact, is the last speaker I want to remind you
that the charts, the maps in the back will be open to you if you wish to ask
further questions. Mr. Hamilton, good evening, sir.
Mr. Steve Hamilton: Good evening. I'm from the Belle Meade Home Owners
Association, about three hundred seventy homes in our area that's presently
zoned R-1 and scheduled to be changed to RS2/2. The people in my neighborhood
seem and up and down the Northeast section seem to support redevelopment of
Biscayne Boulevard and the existing depressed areas, but we are rather concerned
about the rezoning of... even though our area is claimed on your map it's not
rezoned, it seems that the information that I gather shows that it is allowing
a larger home on a smaller lot, which is the change and bascially I think that
people in my neighborhood would oppose, that sort of a change. It's a beautiful
neighborhood. It's not a real densed neighborhood. We would like to keep it
that way.
Mr. Plummer: Mr. Acton, can you answer that one briefly?
Mr. Acton: The major changes in the RS... I mean, the existing R-1 when I
translate the RS-2 are the number one. The front yard requirement has been
reduced, has a rear yard requirement, but we have also placed a lot coverage
restriction on all R-1 properties which means that the building cannot
cover more than it presently allowed on the existing ordinance. All we have
done...
Mr. Plummer: It allowed them to rearrange?
Mr. Acton: Yes, to allow greater flexibility, you know, for the designer, the
architect and the developer when they get around to developing new properties.
Mr. Plummer: So, the answer to his question as I understand his question, are
they going to be able to build bigger homes?
Mr. Acton: No.
Mr. Plummer: The answer is "no". Mr. Hamilton, does that answer that question?
Mr. Hamilton: Not completely. It was explained that if a home could be built
on an existing smaller lot than is previously allowed now.
Mr. Plummer: Mr. Acton is shaking his head...
Mr. Acton: That is true. In other words, we have reduced the existing requirements.
The requirement for any new platted lot is sixty feet by six thousand square
feet as you know. The new requirement is fifty feet by five thousand. And the
reason we did this is we felt the City of Miami many years ago stuck its head
in the sand. When you take a look at the... all the zoning maps you will find
that probably ninety percent of the lots in the City of Miami were platted
originally at fifty feet. You must also recognize the fact that land is getting
more scarce and you know, we should consider developing the properties that
we have available in the City of Miami.
Mr. Plummer: Mr. Hamilton?
15 DEu
Mr. Hamilton: Well, basically, there is a lot of people and they are very
development oriented. I feel that I would wish to take a, more of a stance
on slowing down development in this area. In the Herald, there is a developer,
Hollo, who says that there is a lack of elasticity in the new zoning and he
says that we are compressing a hundred years of growth in the twenty years.
And Mr. Swanson brought up this water problem which is... I think is a very
serious problem. We face many problems that are a little bit more comprehensive
than just trying to shove more people in the existing properties. Also there
is a lot of people in my neighborhood that are concerned with enforcement of
the existing zoning that at this moment there seems to be problems with that.
We have waterfront area where people are using house boats that seem to conflict
with the law and various other things. It difficult. I don't think there is
very many people enforcing zoning in the City of Miami for the existing laws
that have been down the line. Also...
Mr. Plummer: Excuse me, Mr. Hamilton, let me answer that.
Mr. Hamilton: Ok, I'm sorry.
Mr. Plummer: As of budget time this year the City Commission allocated and
appropriated funds for six additional zoning inspectors. We recognize what
you are saying to be the case. Those six inspectors will be out into the
field after training very shortly, sir, but there are six new additional
inspectors.
Mr. Hamilton: Ok, also, in public information Marcie brought up the fact that
it's hard to get public input. There was another gentleman brought up the
fact about public input. We need an address to write in order so we can express
our views as a neighborhood on keeping our existing or input into you people
on this.
Mr. Plummer: Let me give you two addresses, sir. You have a pencil?
Mr. Hamilton: Yes. Is it on the notice? Ok, I will take it off the notice,
then it was on the notice.
Mr. Plummer: Ok.
Mr. Hamilton: I guess that's it, thank you.
Mr. Plummer: Thank you, sir. The final speaker of the evening is Mr. Elvis
Cruz.
Mr. Elvis Cruz: Thank you. My name is Elvis Cruz. I live at 631 Northeast
57th Street. On the Friday that I received the letter that announced this
hearing I called up the Planning and Zoning Department and I had an experience
very similar to what Mr. Mullins mentioned. It turns out that the person
answering the phones their said that everybody in that department that could
answer questions about the letter took off and went home early.
Mr. Plummer: Mr. Gary?
Mr. Elvis Cruz: Well, I'm not trying to get people in trouble, I'm just
trying to bring out the idea that I would hope this City would be more responsive.
Especially in situations like this where you are given information and then at
the same time you are stonewalled, so you don't know what's going on.
Mr. Plummer: We have taken note, sir.
Mr. Cruz: Thank you, appreciate it.I have a question for Dr. Bartley, is he
still here?
Mr. Plummer: Yes, he is right here, sir. He is the man behind the pipe.
Mr. Cruz: Did I hear you correctly when you said that the new zoning changes
would not affect single family residents neighborhood, the old R-ls?
Mr. Plummer: Dr. Bartley.
Dr. Bartley: There have been no changes in the--- to my understanding--- no
changes in the R-1 areas that have increased restrictions on those areas.
16 D F 0
Mr. Cruz: Well, I hope that's true, but I notice the map over here, there is one
neighborhood that is R-1, that has been changed to duplex. It's on the Southeast _
corner of 27th Avenue and 20th Street tucked along the Miami River there. It's
a fairly good size neighborhood. There is a lot of old time Miami houses. A
lot of old Miami architecture there and that's been changed to duplex. And the
American dream is not to live in a duplex, it's to own your own home and R-1
neighborhoods are a dying breed in Miami. They are on the verge of extinction.
You know, I don't see too many of them changed back to R-1, I only see higher
density taking place. Was that a mistake? Is that going to be changed to
duplex?
Mr. Plummer: Well, now, Mr. Cruz, you are asking really two questions. One,
you asked first to the ordinance. The second you are asking to a given piece
of property or section of property.
Mr. Cruz: Well, assumed that the maps go hand and hand with the ordinance.
Mr. Plummer: The answer... Well, no, sir, not necessarily. He spoke to the
ordinance first and then you are speaking now, secondly, to a given piece of
property.
Mr. Cruz: Oh, I understand.
Mr. Plummer: Dr. Bartley, are you prepared to give a brief answer on that at
this time? Mr. Acton?
Mr. Acton: No, I would suggest that he go to the rear of the room after the
meeting and we will discuss the particular properties he is addressing.
Mr. Plummer: Would you consider since he said it was on the side that he will
meet you over there?
Mr. Acton: Certainly.
Mr. Reid: I can give a general answer too that gets to why some of these areas
are recommended for change and many of the changes on the maps reflect bringing
the land use and in terms of use and density in line with the comprehensive
plan that was adopted in 1976. So,... and there was extensive citizen participation
in preparing that plan. So, your question is... the problem may be that the
comprehensive plan did recommend the kind of change that you don't like and
the map is reflecting that. So, you would have to either get the comprehensive
plan changed and that's possible, you know, to... these things aren't in concrete,
but that may be the issue that's on this particular property.
Mr. Cruz: Well, the reason I mentioned it was that it is presented on these
maps as a change and I now I understand that apparently the ordinance is
separate from the maps, but from the citizens view point, we are seeing one
change taking place here tonight and I didn't realize that they were two
separate things, maps and the ordinance on paper.
Mr. Plummer: Mr. Acton?
Mr. Acton: No, you are talking about a zoning ordinance and the proposed
new ordinance has three parts. One part is the zoning text, the second part
is a schedule of district regulations and the third part are the zoning maps
or atlas. Those three parts make up the new... or will make up the new zoning
ordinance. -The existing ordinance has two parts. A zoning text and a zoning
atlas.
Mr. Plummer: Mr. Acton, I think your suggestion before, since he is the last
speaker, of getting together with him after the meeting is a good one. Ok?
Mr. Cruz: Yes. Ok, let me continue. A gentleman mentioned water pressure
a little while ago. That's something that alludes to a much larger problem,
_ which is the problem of over crowding in South Florida. It's something that
I have never heard mentioned at a City Commission meeting. It involves having
to look very far down range. We can only put so many rats in this cage, after
a while it's going to get very uncomfortable. There is aready a lot of crime
- that's been increasing. I'm not a Sociologist. I have studied the subject to
some extent. As you increase the density of an area you decrease the quality
of the life style and a lot of people have moved out of this City because of
that. I don't mean this sarcastically, but if you take a poll of most of your
Planning Department personnel that are here tonight, you will find that probably
very few of them still live in the City of Miami. On page 3 of the document
17 DEC
i
that I picked up... by the way this document seems to have been written to cure
insomnia and I hope that in the future they write them a little more on the
common man's language. It says that this system controls the elements of floor
area minimum open space, livability space, recreation space and off-street
parking. Traditionally, the City of Miami has never seen fit to regulate height
and yet height of build.;.ngs is what most people object to when their sun light is
blocked out, when their breazes are blocked out. They talk about FAR, but most
people can't seem to comprehend FAR in the volume of a building.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Cruz: I will be done pretty soon gentlemen. Miller, I will get you home
in time. So, if it's possible please put some sort of height restrictions on
large buildings. Just a couple of items left. I will be dore within a minute
and a half.
Mr. Plummer: Mr. Cruz, your time is up, sir.
Mr. Cruz: Well, other people were speaking through my time, wou A that allow
me to continue?
Mr. Plummer: I will give you thirty seconds to wrap it up, sir.
Mr. Cruz: Ok. Aesthetics restrictions. The City of Coral Gables has... I
know we can't make Miami Coral Gables, but it does have restrictions on the
color you can paint your house, on building high walls around your yard. There
is a lot of walls being built in Miami that are extremely ugly. If it's not
possible to eliminate walls in the entire City, is it possible to eliminate
these sort of very ugly features in at least particular neighborhoods. Is that
possible?
Mr. Plummer: Yes.
Mr. Cruz: Can that be put into the ordinance?
Mr. Plummer: Yes, sir.
Mr. Cruz: The last item I want to talk about was about Zoning Code enforcement
and it referred to the last paragraph of the handout and to quote from it. It
says "The Zoning Division enforces the ordinance by responding to citizen
complaints and by conducting periodic visual inspections throughout the City".
You can help in this process by knowing the rules and letting the City know if
they are being violated. People must be aware of the rules and they must be
enforced. Now, to anyone that's ever tried to get a Zoning Code violation
enforced in the City of Miami, this seems like very cruial satire. I am glad
that you have increased the number of Zoning Code enforcement inspectors by
six. I have talked to many people in the Zoning Code Department, they've told
me that in 1960 we used to have fourteen. Some tell me that we used to have
twenty inspectors back then. We are still a long way from making this a better
city. Geraldo Salman, the Director of the Department has told me the City of
Miami is going to the dumps and not a thing is being done about it. That's the
head of the department. I'm glad to see that we are hiring more Code Enforcement
Inspectors, I hope that continues. Thank you.
Mr. Plummer: Thank you, sir. Mr. Cruz, in calling you on your time this evening
sir, does not preclude your coming back on the 15th and speaking again.
Mr. Cruz: Thank you.
Mr. Plummer: You will have every right to, sir. Alright, I'm going to make one
exception to Janet Cooper for one minute and that is the last speaker of the
evening.
Mr. Janet Cooper: Janet Cooper, apologizes for being late, but she was at a
conflicting Water Front Board meeting this evening. I had the opportunity to
work for a very short time on the Consumers and Users Committee evaluating this
ordinance and while I didn't have an opportunity to review the whole thing, the
problem that I saw with the parts that I did review is that it carries forward
most of the problems that are in the existing ordinance and I'm not prepared
to be exactly specific tonight, but the same problems that we have now, we will
have with this new ordinance and I think that it needs a lot more work and a
is DEC 1 'r nj?
lot more changes to correct what we are suffering with now. Thank you.
Mr. Plummer: Thank you, Janet.
Mr. Dawkins: And I agree with her too.
Mr. Plummer: Commissioner Dawkins, do you have any comment that you wish to
make?
Mr. Dawkins: J would just like to thank the citizenry for coming out to make
us awajFe of some of the things that we should be about. I do have a problem in
hearing staff say that there was citizen participation and then hearing the
concerns that -the citizen have, it just doesn't add up. So, some where along
the line we have got to be sure that when we say there is citizen participation,
that there is citizen participation and again, I thank you for taking time to
come out.
Mr. Plummer: Thank you. Commissioner Perez.
Mr. Perez: This is my first time in this kind of public hearing and I am very
proud of the participation of the community. I would like to reiterate our
invitation for the next public hearing December 15th and I think that is the
kind of steps that we need to take for the betterment of our whole community.
Thank you, for this opportunity.
Mr. Plummer: Ladies and gentlemen, let me just, once again, for the record
remind you of what Commissioner Perez has said. The next meeting will be on the
15th of December here in this same building at 7 P.M. December 15th. Let me
once again, also make it understood that there will be no final action taken
by the Commission until sometime in January of 1982. Ladies and gentlemen, I
would lik: to thank you all for being here this evening, to remind you that
the planners will be at the individual charts if you still have any further
questions, hopefully, they will be answered. If not, we will see you back
on the 15th. Thank you and good evening.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:10 P.td.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
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