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Home My WebLink AboutCC 1981-10-22 MinutesTY or OF hi I N U T E S CF WTM NO 0 October 22, 1981 P&Z sr *F)Cg .CF .CM AM G. OMGIE CITY CL9RK INDEX ASMAEFfAF&IDA ITEM NO. I P & Z sL[wcT OCTOBER 22, 1981 I �o� COL. I Pa No. 1 DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST TO CHANGE ZONING CLASSIFICATION: 2662-2665 S. BAYSHORE DRIVE FROM R-4 TO R-C. DISCUSSION 4-5 1.1 BRIEF DISCUSSION AND CONTINUATION OF APPROVAL OF - CONSTRUCTION RECREATIONAL FACILITIES-MARGARET PACE PARK. DISCUSSION 5-7 2 SPECIAL COMMISSION MEETING BEGAN AT 9:55 A.M. FOR THE PURPOSE OF DOCUMENTATION BEING SUBMITTED IN CONNECTION WITH ADVERTISING REGARDING CABLE T.V. DISCUSSION 7-8 3 SECOND READING ORDINANCE: ADD INCINERATORS ON HOSPITAL SITES AS PRINCIPAL USE WITH CONDITIONS. ORD. 9333 8-9 3.1 BRIEF DISCUSSION AND CONTINUATION TO A FUTURE COMMISSION MEETING OF APPLICATIONS BY JACKSON MEMORIAL HOSPITAL RELATED FACILITIES, ETC. DISCUSSION 10-11 4 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION S.E. CORNER N.W. 21 AVENUE AND N.W. 20 STREET FROM R-3 TO C-4 ORD. 9334 11-12 5 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 760 N.W. 4TH STREET FROM R-4.TO C-4. ORD. 9335 13 6 DISCUSSION: CHANGE OF ZONING N.BAYSHORE DRIVE, N.E. 17 TERRACE SECOND AVENUE, N.E. ONE COURT, N.E. FIFTEEN STREET, N.E. FIRST AVENUE, N.E. FOURTEEN STREET, N.E. SECOND AVENUE AND I-395 ( SEE MOTION 81-908) NO BUILDING PERMITS TO BE ISSUED UNTIL CITY COMMISSION CAN AMEND CBD-2 ORDINANCE (THIS ITEM IS DISCUSSED AGAIN LATER SAME MEETING) (SEE LABEL 8) M-81-908 14-34 7 ACCEPT PLAT: "DIAZ SUBDIVISION" R41-909 34 8 RECONSIDERATION AND CONTINUED DISCUSSION -SEE LABEL 6. ADDITIONALLY: PROVIDE FOR PUBLIC HEARING ON PROPOSED "MAPPING" ORDINANCE WITH SPECIFICATIONS AS TO SETBACKS, COMMERCIAL ARCADES, SEE THRU CORRIDORS, ETC. M-81�910 35••41 9 GRANT ONE YEAR EXTENSION OF VARIANCE: 1981 S.W. 25TH AVENUE. R.-81�9.11 41-42 I 10 SISTER CITIES PROGRAM-BOGOTA REQUEST FOR SECRETARIAL SERVICE REFERRED TO CITY MANAGER. DISCUSSION 42" 3 11 SECOND READING ORDINANCE: ADDING R-T RESIDENTIAL TRANSIT DISTRICTS BY AMENDING ART III ORDINANCE 6871. ORD, 9336 43-44 12 SECOND READING ORDINANCE: ADDING NEW ARTICLE X-2 RESIDENTIAL TRANSIT R-T DISTRICT. ORD. 9.337 44-45 13 SECOND READING ORDINANCE: APPLY NEW RESIDENTIAL MANSIT DISTRICT TO AREA BOUNDED BY N.W. 7 TO LOTH AVENUES AND N.W. 11 TO 14 STREETS. ORD. 9338 45-46 t I0 NO, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 � If. i f ,M �1.' 1� P & Z SmcT OCTOBER 22, 1981 DISCUSSION AND CONTINUATION: REQUEST TO CHANGE ZONIN( CLASSIFICATION 2661-2665 SOUTH BAYSHORE DRIVE. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO1 154-200 S.W. 17TH AVENUE FROM C-R TO R-4. DISCUSSION CONTINUATION: REQUEST FOR CHANGE OF ZONING CLASSIFICATION-195 S.W. 29TH STREET FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO] 271 N.W. 29TH STREET FROM C-5 TO R-4. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO] 3575 S. LEJEUNE ROAD FROM R-1 TO G-U AND: APPROVE EXPANSION OF SURFACE PARKING 3575 S. LEJEUNE ROAD MIAMI DADE WATER AND SEWER AUTHORITY. DISCUSSION ITEM: CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. SECOND AVENUE (TENTATIVE PLAT #1118-EXECUTIVE PLAZA) (SEE LABEL 25 SAME MEETING FOR CONCLUSION). VACATE AND CLOSE ALLEY-1690 SOUTH BAYSHORE LANE,INC. TENTATIVE PLAT #1122-A PAWLEY DEVELOPMENT CORP. PLAT) UPHOLD DENIAL OF VARIANCE FOR FENCE HEIGHT: 2578 LINCOLN AVENUE FAILURE OF APPEAL FOR SALE OF LIQUOR: 5249 S.W. 8TH STREET. DISCUSSION AND DEFERRAL: VARIANCE FOR PARKING REQUIREMENTS-115 S.W. 36TH COURT. FAILURE OF APPEAL: ZONING BOARD'S VARIANCE FOR LOT COVERAGE-1852 NORTH BAYSHORE DRIVE. VACATE AND CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2ND AVENUE TENTATIVE PLAT #1118-EXECUTIVE PLAZA. GRANT ONE YEAR EXT BNSION OF VARIANCE:3030 N.E. 4TH AVENUE NOTE FOR RECORD: AGENDA ITEM 22 WAS CONTINUED TO NEXT PLANNING AND ZONING MEETING. GRANT ONE YEAR EXTENSION FOR VARIANCE FOR MICROWAVE TOWER-45 N.W. 5TH STREET (SOUTHERN BELL). APPROVE IN PRINCIPLE: "CONGRESS OF LATIN AMERICAN CARIBBEAN MUNICIPALITIES". ACCEPT SETTLEMENT: C.A. DAVIS INC. FLAGLER STREET BEAUTIFICATION PROJECT. PAGE # 2 tSDINANCE rivORo, ka N01 DISCUSSION FIRST READING I DISCUSSION FIRST READING FIRST READING R-81-912 DISCUSSION R-81-913 M-81-914 DISCUSSION DISCUSSION DISCUSSION R-81-915 R-81-916 R-81-917 M-81-918 'R-81-919 46-48 48-50 II 50-54 1 54-55 55-58 59-65 65-67 67-69 69-73 1 73 73-81 W.-YA 1 82-83 84 84-85 1 85 -- 1 � it ' � 1�1 i f ►M �i• �► ITEM N0, P & Z SECT OCTOBER 22, 1981 ORDINANCE � soLUTIoN , P �� 14 DISCUSSION AND CONTINUATION: REQUEST TO CHANGE ZONIN CLASSIFICATION 2661-2665 SOUTH BAYSHORE DRIVE. DISCUSSION 46-48 15 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO j 154-200 S.W. 17TH AVENUE FROM C-R TO R-4. FIRST READING 48-50 ? 16 DISCUSSION ti:;D CONTINUATION: REQUEST FOR CHANGE + OF ZONING CLASSIFICATION-195 S.W. 29TH STREET DISCUSSION 50-54 17 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO 271 N.W. 29TH STREET FROM C-5 TO R-4. FIRST READING 54-55 18 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIO 3575 S. LEJEUNE ROAD FROM R-1 TO G-U _ AND: APPROVE EXPANSION OF SURFACE PARKING 3575 S. LEJEUNE ROAD MIAMI DADE WATER AND SEWER AUTHORITY. FIRST READING 55-58 R-81-912 19 DISCUSSION ITEM: CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. SECOND AVENUE (TENTATIVE PLAT #1118-EXECUTIVE PLAZA) (SEE LABEL 25 SAME MEETING FOR CONCLUSION). DISCUSSION 59-65 20 VACATE AND CLOSE ALLEY-1690 SOUTH BAYSHORE LANE,INC. TENTATIVE PLAT #1122-A PAWLEY DEVELOPMENT CORP. PLAT R-81-913 65-67 21 UPHOLD DENIAL OF VARIANCE FOR FENCE HEIGHT: 2578 LINCOLN AVENUE M-81-914 67-69 22 FAILURE OF APPEAL FOR SALE OF LIQUOR: 5249 S.W. 8TH STREET. DISCUSSION 69-73 23 DISCUSSION AND DEFERRAL: VARIANCE FOR PARKING REQUIREMENTS-115 S.W. 36TH COURT. DISCUSSION 73 - 24 FAILURE OF APPEAL: ZONING BOARD'S VARIANCE FOR LOT COVERAGE-1852 NORTH BAYSHORE DRIVE. DISCUSSION 73-81 25 VACATE AND CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2ND AVENUE TENTATIVE PLAT #1118-EXECUTIVE PLAZA. R-81-915 82 26 GRANT ONE YEAR EXTENSION OF VARIANCE:3030 N.E. 4TH AVENUE R-81-916 82-83 = NOTE FOR RECORD: AG8NDA ITEM 22 WAS CONTINUED TO NEXT PLANNING AND ZONING MEETING. 27 GRANT ONE YEAR EXTENSION FOR VARIANCE FOR MICROWAVE TOWER-45 N.W. 5TH STREET (SOUTHERN BELL). R-81-917 84 - 28 APPROVE IN PRINCIPLE: "CONGRESS OF LATIN AMERICAN CARIBBEAN MUNICIPALITIES". M-81-918 84-85 29 ACCEPT SETTLEMENT: C.A. DAVIS INC. FLAGLER STREET BEAUTIFICATION PROJECT. 'R-81-919 85 '1 o PAGE #3 tDI MNCE0fl M NO.P � Z �� OCTOBER 22, 1981 SOLuTioN No, PAGE NO, 30 APPROVE IN PRINCIPLE: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN R-81-920 86 31 ACCEPT PLAT: WILDER SUBDIVISION R�-81-421 86v-87 MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 22nd day of October, 1981, the City Commission of Miami, Florida, met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session. The meeting was called to order at 9:40 A.M., by Mayor Ferre with the following members of the Commission found to be present: Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo ALSO PRESENT: Howard V. Gary, City Manager. Managmr-- Terry Percy, Assistant City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk _j An invocation was delivered by Reverend Gibson who then led those f present in a pledge of allegiance to the flag. Mayor Ferre: Good morning ladies and gentlemen. This is a formal City of Miami Commission session on Planning and Zoning. Now there are 3 members of this Commission present, as I said on the record. Mr. Joe Carollo is sick and will not be present today and our colleague J. L. Plummer is at official business of the City at the Florida League of Cities meeting in Orlando. Therefore, there will only be 3 City members of this Commission today. There are many issues that are serious matters that require 3 votes, everything here requires 3 votes which means that it must be passed unanimously. Therefore, I think it is proper, and it is the ruling of this Chair, as it has been in the past, that those applicants and those people that are opposed to issues that are controversial in nature and will need some discussion, that if it is their wish to have a full Commission sitting to hear these cases, that'I will so rule. I would like, therefore, now to ask from items 1 through 28, whether any of these items...whether there is a request for a deferral on any of these items? Then,let me tell you what we're going to do. On the 19th we discussed cable t.v. and there was a request fo the two cable t.v. companies that they submit some information, and I'm going to recognize them for that submittal, and then we're going to get on with the zoning matters that will be heard today. Counsellor, for what purpose do you rise? Mr. Robert H. Traurig: Mr. Mayor, for the record, my name is Robert H. Traurig, 1401 Brickell Avenue. On item number 2 we would request a deferral. Mayor Ferre: What other items do you wish deferred? Mr. Traurig: And on item number 10 I would request a withdrawal without prejudice. I'd like to explain very briefly that on item number 10 it was pointed out at the last meeting that if we deferred one more time that it would have to go back through the process because of the passage of time. We haven't yet completed our discussions with the Coconut Grove Bank with regard to Cornelia Street. We have engaged in those discussions with Alfred Browning Parker, and Mr. Harris and others. 01 0 C T ? u 1981 q 4 Mr. Traurig (continued): We will continue those discussions. It's appropriate to withdraw the application at this time. On item number 2, in view of the Commission having 3 people to constitute a quorum, one of whom has already indicated an abstention in connection with prior matters involving this application. We feel it's only appropriate that we defer this application. Mr. Aurelio Perez: Mr. Mayor. Mayor Ferre: Yes, sir. Mr. Perez: The term should be continued. Mayor Ferre: Continued rather than... Mr. Traurig: Yes, continued. Mayor Ferre: And let me explain why we need to do this. We've already advertised for today, and so to keep within the law, today is a legally constituted Planning and Zoning hearing meeting and we will have to continue it. The Commission will select the date. A future Commission, of course, can change that date and we're going to have to select the date in November. I am leaving for Argentina on the 12th, or on the evening of the llth, and so I'm going to ask that those two meeting... I'm sorry, the meeting on the 12th be deferred and that we have two meetings in the month of November which will be the 19th and the 20th. Mr. Lacasa: I won't be here in November. No, because I plan my vacations in accordance to that schedule. Mayor Ferre: Well we'll have to deal with it then ... well we can have one meeting on the llth. Do you have any objections to that? Father Gibson: What is the llth? Mayor Ferre: The llth is Veteran's Day and therefore, it's... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Excuse me? It's a legal holiday but there's no reason why the Commission can't meet. And you can all take a day off some other day. We have to canvass anyway. Are we going to be ready to canvass on the llth? Mr. Ongie: They're going to give me the absentee ballots on that afternoon of the llth. Mayor Ferre: So we could canvass that afternoon? Mr. Ongie: Hopefully. Mayor Ferre: Well the problem is that then that we would have the problem as to whether or not we have a City Commission until we canvass. So the llth we wouldn't be able to hold a.meeting on the llth. It would have to be the 12th, is the first meeting we could hold. Well, I will have to cancel my trip then. And we'll have to meet on the 13th. And I'm perfectly willing to do that. They're going to be some people that are not going to be happy with me, but that's okay. Ms. Cooper: Mr. Mayor, regarding SPD-2, item number 2, I'm going to be out of town until the 15th. Furthermore, I had understood at our workshop meeting last Friday that you were going to request this item to be further studied by the Planning Department to do a further parking study. So I did not come prepared today, and I certainly wouldn't be prepared the first half of November. Mayor Ferre: Lacasa, when is it that you intend to return from your vacation? Mr. Lacasa: For the meeting on the loth of December. 02 OCT 2 2198J 0 0 Mayor Ferre: You'll be gone until the loth of December. Mr. Lacasa: To the first week of December. Mayor Ferre: Is there a great deal of harm that's going to be made if we wait until December on these zoning items? Mr. Lacasa: If it is on zoning item number two, there is no problem with me anyway because I will abstain. Mayor Ferre: All right. Then I think we'll have to do it that way because of the uncertainty of all these time schedules and all that. All. right, is there a motion now, Father, is there a motion on the continuance of item 2 until the next Zoning and Planning hearing? Father Gibson: I move. Mayor Ferre: Father Gibson moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds the continuance on item 2 to the next zoning meeting which is at this point not set, the date. All right, call the roll. THEREUPON, on motion duly made by Commissioner Gibson and seconded by Commissioner Lacasa, the City Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER TO THE NEXT CITY COMMISSION MEETING., BY THE FOLLOWING VOTE: AYES. Commissioner Armndo Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Mayor Ferre: Now on item number 10 which is a request for a withdrawal without prejudice, is there any objections to that? Does anybody object to that withdrawl. Father Gibson: What was that? Mayor Ferre: The request was that item 10 be withdrawn without prejudice. Do you need a vote on that? Terry... Mr. Percy: Yes, sir. Mayor Ferre: Father, do you want to move it. Father Gibson: Yes, I move it if... Mayor Ferre: Father Gibson moves, Lacasa seconds the item 10 be.withdrawn without prejudice. Further discussion? Call the roll on the withdrawal of item 10. 03 OCT 2 2 1981 i;2 THEREUPON, on motion duly made by Commissioner Gibson and seconded by Commissioner Lacasa, the City Commission WITHDREW WITHOUT PREJUDICE, THE ABOVE CITED ITEM BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo NOTE FOR THE RECORD: ITEM 2 WAS CONTINUED UNTIL THE NEXT CITY COMMISSION MEETING ON PLANNING AND ZONING MATTERS. ITEM NUMBER 10 WAS WITHDRAWN WITHOUT PREJUDICE. 1• DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST TO CHANGE ZONING CLASSIFICATION 2662-2665 S. BAYSHORE DRIVE FROM R-4 TO R-C Mr. Michael Rosen: Mr. Chairman, my name is Michael Rosen, I'm an attorney. I represent the Tigertail Bay Condominium Association. Due to the controversial nature of proposal number 9, we would ask that that be deferred until a full Planning and Zoning Board can sit and hear the matter. Mayor Ferre: All right, is there anybody who wishes, who objects to the continuance of item number 9? UNIDENTIFIED SPEAKER: We are here speaking against it, but we are asking that it be continued until a full Commission. Mr. Richard Zelman: Mr. Mayor, my name is Richard Zelman. I'm an attorney with offices at 444 Brickell Avenue in the City of Miami. I would like to be heard today on item number 9 if we can do that. I know that the 3 members of the City Commission do constitute a quorum and I'd like to be heard. Mayor Ferre: All right. Terry, I need some legal help on this. We now have a question where the applicant on item number 9 which has been recommended for approval by the Zoning Board and the Planning Department recommended denial. So it's not something that comes clearly to us. We have a denial from staff and an approval by the Board. We have a group of property owners who ire opposed and wish to be heard before a full board. Now, I think they have that right. But I want to make sure that legally I'm on safe ground. Mr. Percy: Under our rules, Mr. Mayor, the applicant has the option of seeking a deferral under the so-called short board or short Commission rule as a matter of right. Mayor Ferre: Well if the applicant wants it heard then... Mr. Percy: If the applicant wants it heard, it's the applicants right, yes. OCT 2 21981 04 Mayor Ferre: Choice. It's his choice. Mr. Percy: Yes. Mayor Ferre: So it's the applicant who has the right to have it heard. So in other words, we really then cannot defer it... Mr. Percy: Unless there is some compelling reasons why it shouldn't be heard. Mayor Ferre: Well in other words, compelling reasons other than the fact that there's only 3 because that's not a compelling reason. Mr. Percy: That's correct. Mayor Ferre: Okay. Do you have any compelling reason other than the fact that there's only 3 of us here? Mr. Rosen: I believe that this matter should be, no, no other compelling reason other than this matter should be heard by a full board due to the controversial nature of it. And the obvious split between the Planning Board which I think is a very compelling reason. You have here a Zoning Board approval by a vote of 4-2 with a Planning Board recommendation against it. And I think this matter of some controversy should be heard by the full board. Mayor Ferre: The problem, Mr. Rosen, is that legally the applicant, evidently, has the right to have this matter heard unless there is a compelling reason other than the fact that there's only 3 out of S here. Mr. Rosen: I don't deny that he may have a right to have it heard, I question whether or not he has a right to have it heard today as opposed to another meeting of the board. Mayor Ferre: I will be guided by our City Attorney and the City Attorney has given me a ruling on that and, therefore, I will be guided on that unless you want to withdraw it. Mr. Zelman: No, sir. Mayor Ferre: You do not want to withdraw it. Well then we will hear item number 9. AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED. 1.1 BRIEF DISCUSSION AND CONTINUATION OF APPROVAL OF CONSTRUCTION RECREATIOI4AL FACILITIES-MARGARET PACE PARK Mayor Ferre: All right, is there any other requests for withdrawal at this time? UNIDENTIFIED SPEAKER: Yes, item number 1. Mayor Ferre: Item number 1. This is a resolution of the Parks Department application on the Margaret Pace Park. The department recommends approval, the Advisory Board recommended approval unanimously, the Miami Waterfront endorsed the development. Now we have a request by neighbors that this item not be heard today. Mr. Perez: You may remember last Commission meeting, that this item was deferred for the purpose of the Parks Department meeting with the neighbors and then with the condition that it would be placed first on the agenda. 05 OCT u 2 1J81 i Mayor Ferre: Who is the applicant? Who is the applicant? We are, the City. Mr. Perez: We are. The City is the applicant. Mayor Ferre: The City is the applicant. But the neighbors that are here, and there are about 4 or S. How many of you here are on this Margaret Pace Park? Raise your hands so I can see. There's 5 of you. And you say you want a deferral on this? Mr. Giles Spruill: My names is Giles Spruill. I'm at 1217 N. E. Miami Court. We only want a deferral if we could get a meeting in the evening. A lot of the people work, you know, can't be here. So if we could get more people here. Mayor Ferre: I think that's a reasonable request. Is that acceptabl- to you? In other words, what he's saying is that the people that are really interested in this are the people who live there. And they're all ... and they work. They are working people. So the only way we should really here this is when we have an evening session. Mr. Perez: But all the sessions that we have are slated for 9:00 o'clock in the morning. Mayor Ferre: Well we'll have to have an evening session, then. Is that acceptable, Mr. Manager? Father Gibson: What item is this? Mayor Ferre: Item number 1. Mr. Gary: Yes, sir. Mayor FErre: Is there a motion, therefore, that this item be continued and that when it next be heard that it be in an evening session. By that we mean after 6:00 o'clock. Mr. Lacasa: Move. Mayor Ferre: Moved by Lacasa. Father Gibson: Second. Mayor Ferre: Seconded by Gibson. Further discussion on item 1? Call the roll, please. THEREUPON, on motion duly made by Commissioner Lacasa, and seconded by Commissioner Gibson, the City Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER TO THE NEXT PLANNING AND ZONING MEETING; TO BE SCHEDULED IN AN EVENING SESSION,BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Hr. Commissioner Joe Carollo 06 OCT 2 2'931 THEREUPON, the Chair TEMPORARILY ADJOURNED THE PLANNING AND ZONING PORTION OF THE AGENDA AND PROCEEDED TO CALL A SPECIAL COMMISSION MEETING AT 9:55 A.M., IN CONNECTION WITH CABLE TELEVISION. 2. SPECIAL COMMISSION MEETING BEGA14 AT 9:55 A.M. FOR THE PURPOSE OF DOCUMENTATION BEING SUBMITTED IN CONNECTION WITH ADVERTISING REGARDING CABLE T.V. Mayor Ferre: Now before we get into the Zoning Agenda, I will constitute this as a special Commission meeting for the purposes of hearing back from the TCI Americable group. Are they here? Mr. Burton Landy? Mr. Paul Alden? Senator Myers. Mr. Alden, the chair will recognize you at this point. Is your attorney here? He's gone. All right. You were requested by this Commission to submit a list in answer to Commissioner Carollo's request. For the record, have you done that? Mr. Alden: Yes, sir. It was turned into the City Manager yesterday. Mayor Ferre: Is there anything else that you wish to bring up at this t ime ? Mr. Alden: No, your honor, not at this time. Mayor Ferre: Are there any other questions of the... of TCI or Americable at this time? Mr. Gary? Mr. Gary: Mr. Mayor, they also provided to us a letter which I had delivered to you last night which in effect offers to the City $2,000,000 security fund to be paid immediately which would provide to the City, and the lawyers have conveyed that to me, the interest from now until 10 days after the effective date of the ordinance. As you know, the $2,000,000 once the ordinance goes into effect, the interest does not accrue to the City, but accures to the firm. I'd like to put on the record that I would love to get the money, from now until that time, but I think it may put us in a compromising position... Mayor Ferre: Why is that? Mr. Gary: I've had some discussion with the lawyers, and we may be in -� a compromising position because the ordinance doesn't go into effect until 30 days thereafter. And if you recall, we had a problem with a furniture company whereby we accepted the furniture prior to the implementation, or the authorization from the City Commission, and we therefore, the firm had some equity, and we were forced to honor something that the City Commission had not officially approved at that particular point in time. And because 30 days is the date that the ordinance goes into effect, by accepting early it may give them some equity which may jeopardize or compromise the position of the City Commission. Mayor Ferre: All right. Is there anything else that we need to discuss? Mr. Alden? 07 0 L� Mr. Alden: No, sir. Father Gibson: Let me ask this. Mayor Ferre: Father Gibson. Father Gibson: I'm not debating this, I just want to know. If the two companies are already in a position to do business with us and they have fulfilled all of the requirements, I hear what you way and I want to agree with you, yet I don't want to be so legalistic when I think of the fact that the City doesn't have but so much money and you're laying -off everybody you could think about, hey man, you know, that's where I am not legalistic. I get to be very practical. I know after the 30 days they're going to get the contract anyway. Well, anyway. I ... Mayor Ferre: Any other statements or discussion? All right. Thank you very much, Mr. Alden. AT THIS POINT, THE SPECIAL CITY COMMISSION MEETING WAS ADJOURNED AND THE PLANNING AND ZONING ITEMS WERE TAKEN. 3. SECOND READING ORDINANCE: ADD INCINERATORS ON HOSPITAL SITES AS PRINCIPAL USE WITH CONDITIONS Mayor Ferre: We're now on item number 3 which is an ordinance on second reading on the Planning Department's application, Ordinance 6871 by adding incinerators on hospital sites. We've been through this. It was moved previously by Plummer and seconded by Gibson. Is there any discussion on this item? Mr. Joe McManus: Joe McManus, acting Director of the Planning Department. Mr. Mayor and members of the Commission, we have no problem with the substance of what is trying to be accomplished here. We do have a problem with the form. As you'll recall, at the last Commission meeting there was direction to include a series of provisions relating to service by Jackson Hospital, the priority Jackson would give to hospitals within the City of Miami and second priority to hospitals on Miami Beach. We think that language is not appropriate in a zoning ordinance. The same exact objective can be accomplished by the Commission. We have for your information a letter from Jackson Hospital agreeing to all the conditions in your previous motion. You also have the opportunity at such time as Jackson comes forward and wishes to use an incinerator at their hospital as a principal use for use by other hospitals within the City of Miami, you have the opportunity at that time, and in that resolution to again stipulate your conditions regarding Jackson Hospital. For that reason the Law Department has generally agreed with us, and the second reading ordinance before you does not contain the provisions in your previous motion. Father Gibson: But then what would you want us to do? Mr. McManus: I would recommend to the Commission that on second reading you pass the ordinance in front of you. Mayor Ferre: That we pass it on second reading? Mr. McManus: You passed it on first reading. There were 4 yes votes, one Commissioner was absent. 08 OCT 2 u 119181 W W Mayor Ferre: Yeah, but you're saying is that you would like to pass this on second reading now. All right. Are there any objections to that? All right, is there a motion then on the ordinance. All right, Father Gibson moves item 3. Is there a second? Mr, Lacasa: Second. Mayor Ferre: Lacasa seconds. Is there further discussion? All right, read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FO THE CITY OF MIAMI AS AMENDED, BY AMENDING SUB -SECTION (2) SECTION 36, ARTICLE IV - GENERAL PROVISIONS, BY ADDING (INCINERATORS ON HOSPITAL SITES AS A PRINCIPAL USE PROVIDED THAT SUCH USE SHALL BE LIMITED TO THE HOSPITAL ON SITE AND OTHER HOSPITALS LOCATED WITHIN THE CITY OF MIAMI) IMMEDIATELY AFTER "HOSPITALS" IN THE FIRST LINE, AND BY DELETING SUB -SECTION (5), SECTION 10, ARTICLE XXII- PERFORMANCE STANDARDS, AND INSERTING IN LIEU THEREOF A NEW SUB -SECTION (5) TO READ AS FOLLOWS: REDUCTION OF GARBAGE, REFUSE, OFFAL AND DEAD ANIMALS EXCEPT THAT INCINERATORS MAY BE PERMITTED AS A PRINCIPAL USE ON A HOSPITAL SITE SUBJECT TO THE PROCEDURES OF ARTICLE IV GENERAL PROVISIONS, SECTION 36, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF, BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PRTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 24 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the _ ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9333 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 09 OCT 2 2 9021 El 0 3.1 BRIEF DISCUSSION AND CONTINUATIO14 TO A FUTURE COMMISSION MEETING OF APPLICATIONS BY JACKSON MEMORIAL HOSPITAL RELATED FACILITIES; ETC. Father Gibson: Now what happens to the next one. Isn't that have some bearing on the one we just passed? Mayor Ferre: Item number 4 deals with item number 3. Is that correct? Mr. Perez: It is a change of zoning for Jackson Memorial and the use of the incinerator. Now we have, that in the ordinance, but Jackson is not ready to move on this at the present time. Father Gibson: It's not ready? Mr. Perez: No. You may remember that there was a question from... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Perez: This includes the closure of the street. The reason we have the incinerator is because of 4... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD.) Mr. Perez: They are two different things. The reason for the request for rescheduling of number is that Jackson, you may remember had a neighbor in the area who they were going to acquire the land and they had to resolve some legal problems that they had before coming back to this Commission. And at this point, it hasn't been resolved. Father Gibson: So then what do you want us to do? Mr. Perez: Don't do anything. It will be rescheduled. Mayor Ferre: What he's saying is this should be rescheduled. The administration is withdrawing this item. Is that correct? Mr. Perez: No, it is not. It will be continued. Mayor Ferre: Then you want a motion to continue? Mr. Perez: Let's have a motion to continue. That will be enough. Father Gibson: All right. I move to continue. Mayor Ferre: Gibson moves that item 4(a), (b) and (c) be continued. Mr.Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Call the roll. THEREUPON, on motion duly made by Commissioner Gibson and seconded by Commissio►ier Lacasa, the City Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER TO THE NEXT CITY COMMISSION MEETING BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo 10 OCT 2 2 1981 r�3 Mr. Traurig: Mr. Mayor, may I ask a question? You had asked for requests for deferral and I think that I need an interpretation from the City Attorney's Office before indicating whether or not we would like another deferral. This ordinance...rather this agenda contains two different kinds of actions, one are ordinances, one are resolutions. And I understand that to prevail in enacting an ordinance you need 3 votes. Now the issue is how many votes do you need for enactment of a resoltuion. And if, for example, and I looked at this agenda and I see item 19, Manuel Rivero, if on that appeal there is a less than 3 votes in favor of the appeal, would that appeal succeed for fail? I need that interpretation as to whether we need all 3 votes, 2 out of 3 votes or what? Mr. Percy: Mr. Traurig, the Charter reads that before any measure before this Commission can be adopted, it should be by majority of the full Commission which is 3 votes. That appeal from a lower board is in the form of a question or measure before this Commission. If that measure is not adopted, that appeal is denied, and the lower boards determination will stand. Mr. Traurig: Now putting it in simple terms that means it will take 3 votes to approve the appeal, therefore, it would take 3 votes for that resolution to pass. Mr. Percy: Yes. 3 votes to overturn the lower boards decision. Mr. Traurig: I understand. Thank you. Mayor Ferre: An your ruling was that it requires 3 votes Mr. Percy: Yes, sir. 4. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION S.E. Corner N.W. 21 Avenue and N.W. 20 Street From R-3 to C-4 Mayor Ferre: Now we are on item number 5 and this is an application by Virama Investments et al, and this is on second reading. Are there any... is the applicant here? Is there applicant here? Are there any objectors to the applicant? Well, if the applicant is not here, Terry, do we defer this item? Mr. Percy: If the applicant is not here, he's not entitled to have the item heard, Mr. Mayor. But it's at the discretion of the Commission. Since this is a second reading, the Commission could elect to move the item if there are no objections to it, or defer it or continue it. Mayor Ferre: This item was passed on first reading in September 24th. As I ... was this a controversial item? Mr. Whipple: Mr. Mayor, there was a question raised, as you may remember by looking at your fact sheet. Richard Whipple, Planning Department, I'm sorry, concerning the fact that the City has been actively seeking to buy the property immediately south of the... Mayor Ferre: Your department recommended an approval, right? Mr. Whipple: Yes. We're all in favor of this and... Mayor Ferre: And the Zoning Board recommended a unanimous approval 6-0. I remember the case now. 1� OCT 2u1981 —i 4 I 0 Mr. Whipple: But this is an individual applicant who has requested the change of zoning. Mr. Gary: Mr. Mayor, by approving this it would permit us to move ahead with a park that we have planned in the area also. Mayor Ferre: Okay. Is there a motion? Father Gibson: Move. Mayor Ferre: Gibson moves item 5, Lacasa seconds item 5. Is there any discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF 80' OF LOTS 1, 2, AND 3 OF PROPOSED TENTATIVE PLAT NO. 1113 "CHULAVISTA CENTER", BEING THE SOUTHEAST CORNER OF NORTHWEST 21ST AVENUE AND NORTHWEST 20TH STREET, FROM R-3 (LOW DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 24, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9334 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 12 0 C T 2 u "131 5. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 760 N.W. 4TH STREET FROM R-4 TO C-4 Mayor Ferre: Take up item number 6 on second reading. This is an application by Santiago Presno Borsch to change zoning at 760 N.W. 4th Street from R-4 to C-4. This was formally by Plummer, seconded by Lacasa. It was voted on unanimously. It was approved by the Planning Department, and the Zoning Board approved it unanimously 6-0. Is the applicant here? All right. Father Gibson: Move. Mayor Ferre: Gibson moves item 6. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Is there any discussion on item 6? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 8, BLOCK 2A, MIAMI (B-41), BEING APPROXIMATELY 760 NORTHWEST FOURTH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 24, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9335 The City Attorney r6ad the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 13 OCT 2 u Ina) r l-A b. DISCUSSI(X4 re ChkZE OF ZOt4LgG N. 3AYSHORE DR., L4.E. 1713H ERRACZ, N.E. 2d AVE., :d.E. 16 S`I'., N.E. 1st CT., N.E. 15 ST., 0-1:1. 1st AVE., N.L. L4 ST. , N.E. 2d AV . and I-395 from C-1, C-3 and C-4 to 03D-2. :10RATORILD1 LAPOSYD. NO BUILDtIG PERMITS Mayor Ferre: Take up item 7 on second reading, North Bayshore Drive. Father Gibson: Move. Mayor Ferre: This is moved by Gibson and Lacasa seconds. It is an ordinance on second reading. Is there any discussion? This is... Mr. Reid: Mr. Mayor. Mayor Ferre: ...recommended approval by the department and the Planning Advisory Board recommend it unanimously, 7-0, yes, sir, Mr. Reid, Mr. Reid: Mr. Mayor, you had requested some amendatory language on this. Mayor Ferre: Yes, I had. Do you have that, please? Now as I understand on item 7, Jim, the building permit... this would be a resolution right, that would hold back building permits at CBD-2 districts for a period of 90 days until we have the opportunity to look into the following areas, and it goes something like this: "provided however that the floor area ratio for either residential or non-residential uses may be further increased by 0.1 for each 200 square feet of public arcade, public thru block connection, public corridor or similar type of space at the ground level, excluding required yard areas or set back areas. In no instance shall this floor area bonus exceed a minimum premium of 1.5 floor area ration bonus for priority to designate station mezzanines of the Regional Rapid Transist or People Mover System, or for the provision of ground level public arcades, public thru block connections, or public corridor shall require the recommendation of the Urban Development Review Board which shall evaluate the integration of a proposed project with prospective pedestrian connections, thru block connections, and pedestrian circulation, and enacts substitue language which requires these amenities to be provided subject to the review of the Urban Development Review Board and to provide for additional amenities, such as requiring landscape plans for each individual, private development, including landscaping of the adjacent public space according to City specifications. Mr. Reid. Mr. Reid: Mr. Mayor... Mayor Ferre: Wait, wait a moment. All right, Mr. Reid, I want you to explain now ... we're not...Mr. Lacasa adding this to ordinance number 7. Ordinance number 7 is about to be voted. I, however, in reviewing it happened so quickly, in reviewing the process, as you recall, the administration recommended a 6 floor area ratio. Ted Hollo and a group of other property owners recommended that we go to a 12. We went to a 12, and I'm all for that. However, I think it is important that we have certain built in amenities. Otherwise, we're going to end up with concrete walls along the street without any corridors for pedestrians to cross, or without any green area or set back. I'm not in any way trying to stop...as you know, I'm a sponsor of this and I'm totally for a 12 FAR. I do want to find a way to built into it incentives so that we do have set backs, green areas, see thru corridors, and pedestrian corridors. Would you explain what this would do? Mr. Reid: The intent of this amendment, Mr. Mayor, is to simply make the effective date of this mapping to take place 90 days from today, which will enable the Commission to amend the basic ordinance that is to be mapped to make it mandatory that these amenities such as public arcades, public thru block connections, corridors, ground level open space, and so forth, as provided. Becasue from a practical point of view, when the 14 OCT 22 Is81 Mr. Reid (continued): FAR has been increased, giving bonuses for these amenities could result in their not being provided. So what we're saying basically, if we want these amenities, we'd better require them in the basic ordinance. So, the language suggests that during this 90 day pime period we would bring back to you an amendment to the CBD-2 district, Ordinance number 9305 which requires these amenities to be provided subject to plan review by the Urban Development Review Board, and to' include for your consideration additional amenities, such as requiring landscape plans for each individual private development, which would include landscaping of the adjacent public areas according to City specifications. So throughout this area we would in effect have a City-wide standard for landscaping to be provided in the public spaces, and review of private landscaping to insure the green space that you're talking about. I have one more suggestion, Mr. Mayor, not on the page, that we also look at in the interim. And that is that we also look at street widths to see if we want any mandatory dedication of right-of-way because of the increased traffic in this area. Mayor Ferre: Marty, I would like to get from you and from Bob, is Bob still here? Is Bob Traurig still here? Marty, you represent some of the property owners there. Do you see this as a problem of any kind? Mr. Martin Fine: For the record, my name is Martin Fine, 2401 Douglas Road. I see it potentially as a problem in this regard. I understand what Mr. Paul has mentioned to Mr. Reid and discussed. His mind works much faster than mine and I don't want to agree to these terms because I don't understand them all, and we need the architect to review them, but I'd like to make what I think is a very simple suggestion. And that is we're in accord that no building permit be issued for a period of 90 days, within which time the Planning Baord comes back. So if you look at this... Mayor Ferre: That might be the easier way of doing this. Mr. Fine: ...if you look after, if I may, at the third line on the page that you have in front of you, just say no building permit will be issued under this district for a period of 90 days from this date to provide the City Commission time to amend CBD-2 ordinance 9305, period. And then rather then getting on these details and have somebody jump and run, we won't know what we're doing. Mayor Ferre: Okay. Well Dan, we just don't have the time to ram this thing this way. And unfortunately, I think the way to do it is, we have an election coming up on the third and this is obviously something that needs a great deal of deliberation. I think staff has got to come back with specific recommendations and I think the way to do it is just put a moratorium on there for 90 days, let the staff come back with public hearings on this, but for us to do it this way...in the first place, I'm sure we don't have the votes here anyway, so it's academic. Mr. Fine: Well, but even if it weren't, sir, I think it's wrong for the City to do it without studying it carefully, and for us not to have an opportunity to review it with our planners and architects, it's a major project for the City. Mayor Ferre: I would sponsor this, and so move, but there are not 3 votes here, Jim, on this. There's no question about that. So I think that rather than do it this way, the only way we can logically do it is... Mr. Fine: After 9305 if you just have a period. Mayor Ferre: And I'll tell you just to set the record straight so I can ... so I think we can —when Father Gibson comes back, I'll move this. I'm sure...I have a feeling it won't get a second and then we can then move, then we can move the portion which you are recommending. Okay? Sure. But before you do, Dan, I asked Bob, do you want to say anything on this? 15 OCT 2 21981 Mr. Traurig: No, Mr. Mayor. If you have a specific question, I'd be happy to respond but I have no comment. Mr. Dan Paul: For the record, my name is Dan Paul, 1300 Southeast First National Bank Building, Miami, Florida. Mr. Mayor, we have a very serious matter here and 1 don't think the Commission realizes the seriousness of the action that's proposed this morning. I don't know if you realize, it's very hard for the public to realize what an FAR of 12 is, but I think I can give you some example that will help you visualize it. Roy Kenzie tells me that Mr. Gould's FAR for those 4 buildings that he is placing on the Ball Point property is only 6.59, and the garage that covers the entire piece of property from wall to wall. So you get some idea of what an FAR of 12 is. And I'm not concerned with FAR. FAR doesn't bother me at all as long as the public gets proper trade-offs because what you're doing is making a bunch of developers very rich here and there's no reason why the public should not get these trade-offs. And I don't think that 90 days is enough time. I don't want to face the fact that all of a sudden this gets swept under the rug and 90 days ... my suggestion is that you take the 90 days out, or either make it 120 days and that you ought to give some kind of guideline of what ought to be put because I don't think what's in the ordinance is at all adequate. In the first place, for this kind of FAR in the OMNI area, there ought to be a 25 foot landscape set back at street level. I'm totally uninterested in what you're doing on the 43rd or the 44th floor. The quality of life in downtown Miami is going to be determined at ground level, not on the 44th floor of one of these great monster box buildings. In addition, we need to have clear provision, which is not in here, requiring retail street floor usages. Otherwise, we're trying to build a downtown that will be alive and vibrant at night, and if you're just going to have a building like Mr. Gould's building, for example, on Ball Point, which the entire ground floor and the garage is for a whole block along Biscayne Boulevard is almost a solid wall. There are a couple of little retail usages there. Thirdly, I don't want to get into the same situation you're in in Ball Point. You clearly need to make mandatory street right-of-way dedications for widening. You know that 15th Street is going to have to be widened if you're going to have this kind of FAR at that particular point. You need to make mandatory that there should be thru block pedestrian connectors, and public connectors through those blocks. Now to just leave it by saying that no building permit should be issued for 90 days without any kind of guidance to the Planning Department on some of these critical elements I think is really not accomplishing anything. And 90 days is clearly not enough. I agree that it requires a lot of careful study, but the time has come, it seems to me, for the Commission to take some kind of stand on behalf of the public and protect the public. I mean, it's fine to give an FAR of 12, but what kind of trade-offs do you get back for the bubbly. Mayor Ferre: All right, thank you. Mr. Fine, do you want to add anything? I'll recognize you in a moment, sir? Do you want to add something? Mr. Fine: I just want to add, Mr. Mayor, that 90 days is enough to do an awful lot of work and I think that's a long time for people who are paying their taxes and frankly... well, all right. Mayor Ferre: You, sir. Mr. William Muir: My name is William Muir, 3939 Hardy Road in the City of Miami, and I'm here representing Trinity Cathederal. Mr. Mayor, Mr. Paul expressed very well some of our concerns about the density of that area around o;.z caLhederial in the OMNI region and we do not believe sufficient study has been given to the quality of life at the ground level where our cathederial is located. We would like to see more study given to traffic, to parking, to the landscaping of the area in order to avoid that concrete canyon effect. My recommendation, Mr. Mayor, would be that you not pass this zoning change at this time, but instead refer it to the Zoning and Planning Department for reconsideration of these concerns. Mayor Ferre: All right. Toby, let's make sure we understand. Terry, this is item 7(a) (b), and this is a second reading of a change of zoning? So 16 OCT 2 2 1981 Mayor Ferre (continued): passes. All right. 1,:h1s zoning has not been adopted until tt.is Mr. Lacasa: Let me see if I understand. Mayor Ferre: Let me finish, let, me finish because I ask,ad them a questiot,. and I have a specific purpose fcr that question. Now Mr'. Fine and Mr. Dan Paul, and Bob Traurig that are harp-, I want to tall'you where I stand and what I want to do. This is my vote; I th.nk than this was very eery ca-reft:.11y studied, and. we came back with a'6 FAR recommendation The CommisElon cn its own, unilAterally and arbitrar i� .ly, l►et;ause _ ha.ppead Ide that, it happened in'a matter of minuted, accepted. the argument that if you're going to 6 you may as go to '2. Nov I'wantt to tell you that I have no problem with high density inthat partl.cular part of town. I think that's exactly what this community needa. However, I think there is a very valid argument that Trinity Cathederal and t:tat other property owners, and the public in general have with regaird to green spaces, to set backs, to see through corridors, and to wAlk thru becauue pt*,ierwise, we're going to end up with a Wall Street operation where we have very narrow streets, buildings rising 300 and 400 feet, with concrete right to the sidewalk, and I think we could be doing more harm than'we're'doing good because of the precipitivngss. Now this has been 'studied to a 6. It really hasn't been studied to a 12. And so therefor-, what'I Would like to do, Father, just to put it on the record, is we have a cecommeudation here from Jim Reid on this -natter. Sc that you know how .n'the past when controversial issues come, tliere's 4;mly 3 of us, so titat requires a unanimous vote. I'm going to take Marty Fine's recommendation and make a motion to pass this document Haiti, a period after ordinance 9305. Now if we can get a second to .that, this is Marty Fine's recommendation, that buys us 90 dayi for this Comnission to really, and for the staff to really get into this and study it'. Now if that passes, then I think wp've taken one step. Now Mr. Muir, for us to take the second step which is what you and Dan Paul are recommending, I am then going to make a motion for that further. If I do not get a second, then obviously, it is not going to be the will of this Commission., so at least you will have 90 more days. And I have a feeling that nobody is going to object to buying those 90 days for us to rethink this thing with regards, without any specific instructions but I think that the staff wou�d recognize what the.thrust of the argument to. But we're not going to get into the specifics of whether it's 10 feet or 25 feet pet back,. -or whether there's going to be a view corridor, or s pedestrian rrossway, the staff, will have to come back. It will be' a more open, genera type of a* thing. Mr. Muir: Does that mean, Mr. Mayor, that you intend, or you'are moving to pass the ordinance and then talk about limitations on the 'ordinance at a future time? Mayor Ferre:, After, subsequent to. Mr. Muir: I see. Of course, our preference would be to include some limitations in the language of the ordinance itself. C Mayor Ferre: And I will so move, but I may not have, I have a felling that you will not have 3 votes for that. But, I'm certainly not a magician and I don't know whether we have 3 votes or not and I will try. Now Mr. Lacasa wanted to be recognized. Mr. Lacasa: ; Mr. Mayor, what I wold like to know Mr. Percy, is what is the status of this? Actually, I understand that the ordinance was passed back in July. Is that correct? So we do have an ordinance passed? Mr. Percy: No. I think the first reading, Commissioner was September this past month. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD). Mr. Lacasa: Yes, Mr. Fine. 17 OCT z 2 1981 a Father Gibson (continued): come down here every day. They only come when there is a problem that affects them. I warned you, I begged you. I said go get those people, get Hollo, get all the other people, get Pace Park people, all of those people. And do you know what? You all continue to put us over the barrell. And I say this, whatever else you do, since we represent -we are your bosses, one of the things you do for your boss is you keep them out of trouble. My wife is my boss, and her } responsibility is to always be looking around me to keep all the i sharks from eating me up. And when she doesn't do that I say to her, say honey, you're not doing your job. That's what you all are supposed i to do. Mr. Fine, I saw you raise your hand because I am sure ... wait a minute, let me go a step further. You are over a barrell today. I'm sure that unless you don't own that property that I once knew, we had one hell of a fight and I begged you all before you start going in to do other things, to make a study. Now Mr. Mayor, I was on the Boulevard yesterday. I had to go to he doctor, and I'll tell you, if you all d^n't hurry and do some studying there, the Boulevard from OMNI all the way to 36th Street will be the biggest ghetto you ever heard of or saw in your whole life. Watch that. Now you tell me what you were about to say, air. i ! Mayor FErre: Mr. Fine. Mr. Fine: Mr. Mayor and members of the Commission, I don't want to try and simplify a difficult problem but I think is sort of blown our of proportion. Now, with all good intentions. Number one, if you pass this mapping today and insert the first three sentences of what Mr. Reid ' prepared, what you're really doing is giving 90 days. Father, I do -� want to defend the staff in this sense. They'be been working on that -, CBD-2 ordinance for over a year. Property owners. —I'm not defending, I'm explaing for myself. Now I understand that this gentleman represents -+ the cathedral and that Dan has some problems or questions about it, and Dan's questions are inevitably correct. We have 90 days in !Acjich to do tt. Now if we can't get U in 90 days, you know that Dan r,iul is going to be here again saying put another 90 days, and that's fine. But if we have 90 days to start with, we'll all work and get it done and I don't think we need to invoke any rules at all. Mayor Ferre: Marty, I'm trying to be pragmatic, okay? I'm just trying to count. From what Armando just said, obviously I understand his feelings on this, so we don't have 3 votes to pass this. Okay? We may have 2. I wasn't counting on Gibson's vote. We may have 2 but you don't have 3. Okay? Now, what I'm going to do, and I would hope that Armando would go along with this is according to your advice is that we go along with...and put a period after Ordinance 9305, period. And we have 90 days to look at it. Mr. Fine: Exactly. Mr. Lacasa: I have no problem, Mr. Mayor. Mayor FErre: Would you make that motion then? Father Gibson: Before we... Mr. Lacasa: I move. Mayor Ferre: Excuse me, Father. And then, Armando, so that nobody is fooled, I am then going to mg this in its totality, and if it passes, it passes. My feeling is you may get two votes and it's not going to pass. Father Gibson: All right. Let me ask a question so I can be intelligent. I don't want to be educated in the midst of my voting. Gentlemen, you heard what they Mayor said. Okay? The Mayor said he was going and pass this ordinance but that you will have 90 days to come back at:j how much damage does that do to you? Mr. Paul: Commissioner Gibson, I don't think that it does damage, but again, I think that there needs to be some guidance to the staff that the sense of the Commission is to put these pedestrian amenities in and 19 OCT 2 2 '1981 f~ ER Mr. Paul (continued): and to protect the public and the cathedral in this particular area. I think that if you put in this, in effect, moratorium for 90 days, you will at least hold the status quo unitl staff and the Commission have had time to study it. Father Gibson: All right. Okay. I just want to be intelligent. Now, since we must vote, Mr. Mayor, 'so that you and Armando and I could have the...we don't need to be splitting up here because what is being said seems to be sensible, and they are willing to agree, tell us...let them tell us what... Mayor Ferre: See, but the third alternative, which is what Armando is now saying, is just to defer this whole thing, or to continue it until the next Commission meeting when you have a full... Mr. Lacasa: Approve it with the... _1 Mr. Paul: Fine, that would satisfy us. -'1 Mr. Fine: It would satisfy him but it wouldn't satisfy us. Mr. Lacasa: No, no. Let me clarify what I am saying. Let's vote on thi up to putting the point in this thing after district ordinance 9305. Mr. Fine: Would somebody make a motion to that effect so you can... Mr. Lacasa: Period. I will make the motion to that effect. Once this is passed, which is what we agreed upon, then the remainder could be considered after the 90 days. And it will be part of that study and considerations. And that will be more reasonable than to go ahead at this particular time and just pass somthing that nobody here, at least me, I have been given this 10 minutes ago. So I am willing to consider this after proper study. That's it. Mayor Ferre: Okay. I think that sovles the problem. Terry, can we pass this ordinance with this inclusion? Mr. Percy: Mr. Mayor, I think it should be a motion or a resolution. The ordinance is a classification of the districts. And I think that... 4 Mayor Ferre: All right. Now, what is the legal procedure because Gibson has a motion seconded by Lacasa. Gibson now withdraws his motion on the ordinance, we pass this resolution, then we adopt the ordinance. Is that correct? Mr. Percy: I would suggest that you do it the other way. Mayor Ferre: We pass the ordinance first and than we accept this. Is that acceptable to you? Mr. TraurLg: Adopt which ordinance? Father Gibson: Let's find out... Ma,ior Ferre: You know, I'll tell you. I think in the interest of peace around here, let's do the resolution first so that there's no question as to which way this is going. And then we do the ordinance. Okay? Mr. Fine: If that's all right with the City Attorney. Mayor Ferre: Is that all right with you, Terry? Mr. Percy: Yes, sir. Mayor Ferre: All right. Gibson then withdraws... Father Gibson: Let me ask what is being said. Mayor Ferre: Mr. Muir, I think he's talking to you. )0 OCT ^ 4 1,81 Father Gibson: Both of you. Both of you. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Toby, where we're at is this. We have here an ordinance on second reading of the Planning Department's application to change of rezoning for the planning map. Okay? Now, what is happening is that Jim Reid has come up with a recommendation which in its totality is not acceptable to Mr. Fine who represents property owners in that area. And Mr. Lacasa has stated that he will not vote on this. Okay? You need 3 votes. Mr. Fine says that if you pass the ordinance, that he would accept a 90 day building permit moratorium to buy us some time. That I think we can get 3 votes on. Okay? Now where we're at is trying to figure out the legal way of doing it. And I'm recommending that we pass that resolution first so that it is a clear intent of the Commission that we are going to be putting a moratorium for 90 days on any building permits. And then we adopt 7(a) as au ordinance on second reading. Is that acceptable to you, Marty? Mr. Lacasa: Let me further clarify. Sir, let me further clarify that I have no problems in incorporating this to be studied that is going to be conducted in this 90 days. My only question here is that I don't want to vote here today, on something that is totally completely and absolutely new to me, and that has been given to me 10 minutes away. I have no problem that this be considered within 90 days. Mr. Traurig: I'd like to clarify something for you, Commissioner. When you say you have no problem with this language, if you read what you have in front of you, it says we delete this language. It's not we will add this language, we're going to delete this language. Mr. Lacasa: That's right, but what I... Mr. Traurig: But I just want to give everybody comfort because the process now requires a CBD-2 process that the Urban Development Review Board review these plans. Thdy've got to be in there. It will take that period of time. Nobody could take any action that would violate the spirit of this. So since everybody is in concurrence that mapping as proposed by staff is appropriate, I really do think that you ought to pass that ordinance and that you have the on -going study to refine this ordinance if you think it's appropriate. Mr. Fine: Mr. Mayor, one last thing, please. I just want to say for the record on behalf of the property owners that we represent, we will be pleased to meet with staff, we'd be pleased to meet with Dan and the cathedral people and anybody in this community who wants to talk about that ordinance. Mayor Ferre: All right. Now here's where we are. Toby, do you want to say something else? Mr. Muir: yes, Mr. Mayor. I want to again emphasize that our first desire is that this matter be deferred. And that is our first preference. Mr. Paul: Mr. Mayor, I'd like also to say something. If you pass the mapping ordinance instead of deferring it, you're putting a gun at the City's head. And you ought to defer that until a study is available. Mayor Ferre: Well Dan, you don't have me on that. You do have me on the 90 day moratorium, and you do have me to put in eventually, and I'm willing to do it right'now, as far as I'm concerned, but if I can't get 3 votes on that, then I'm willing to do it within this 90 day period, to put in see thru corridors, set backs and all of that kind of stuff. Mr. Paul: Well for the protection of the cathedral, I think that the appropriate thing to do is to defer the mapping ordinance in addition to putting in the 90 day... Mayor Ferre: Well, I can only speak for myself. else. 21 I can't speak for anybody OCT 2 2 1�8) C e Mr. Paul: All right. I hope that Father Gibson will consider that because that's the only thing that will protect the cathedral. Otherwise, the process is on -going and at the end of 90 days, we may be right here with absolutely nothing. You know... Mr. Fine: I can assure Father Gibson that's no correct. We'll be within the 90 days and we'll get it done and the cathedral will be protected. Dan, I think that's unfair to say that, Dan. Mr. Paul: No, Marty, I don't think it's unfair because we were right. It's only because the cathedral is here today and that I'm here that this thing didn't just go completely through and the whole thing would have gone down the drain and the public would have had no amenities, and the fl cathedral would look like some small Victorian toy underneath all of these great big structures that an FAR of 12 would be permitted to build. And I think that it's totally wrong to leave, to put this thing on an automatic process where at the end of 90 days everything goes down the. drain because there may be all kinds of disagreement about the various things that need to be done. And I think for the cathedrals protection that the mapping ordinance ought to be deferred. If it takes 3 votes that there will be one vote not to pass the mapping ordinance today but to defer it. Mayor Ferre: All right. Father Gibson, as I understand, and Armando Lacasa had moved and seconded 7(a). Now as I understand, you're withdrawing that motion at this point and you either have to make a motion to defer or to continue is really the motion, or you make the motion as Marty Fine recommended that we put a 90 day building moratorium. So what is the will of this Commission? Mr. Lacasa: I move that we go ahead with the mapping... Mayor Ferre: No, no. This is a motion.. we're not at the resolution yet. What we have to do is pass this motion that no building permit will be issued under CBD-2 district for a period of 90 days from this date to provide the City Commission time to amend CBD-2 district ordinance 9305. Mr. Lacasa: I move. Mayor Ferre: Is there a second. Father Gibson: Let me explain. You know, I juft believe that there's still room in the world to get along and have peace. All that does is...read it again, Mr. Mayor, because it seems to me... Mayor Ferre: No building permit... Father Gibson: No building permit. i Mayor Ferre: ...will be issued under CBD-2 district for a period of 90 days from this date to provide the City Commission time to amend CBD-2 district ordinance 9305, period. Father Gibson: Remember,.the law is already there. And all we are saying is while the law is there nobody is going to build. Mayor Ferre: For 90 days. Father Gibson: For 90 days. All right. Between now and 90 days, my understanding is everybody will have an opportunity to come in here and say what is. How does this affect you. And I could have promise the two of you this, even though I may not be here, they wouldn't have the mitigated gall to ignore that cathedral. They wouldn't have the mitigated gall. Mr. Paul: Well they have up to date. 22 "T r) e) Cif 6 »a1 4P APS Father Gibson: Well look. Have you ever heard that expression, beware of the Athenians bearing wreaths? The cathdral never said anything so everybody thought everybody was happy. Mr. Paul: I don't think the cathdral was aware of what was happening. Nobody from the City consulted the cathedral. Mayor Ferre: That thing has been in the front pages of the newspapers... Father Gibson: Wait a minute, Mr. Mayor. Let me help you out. Mr. Paul, don't you say that. Mr. Paul; Nobody was aware until it came before the Commission that you changed the FAR to 12, Father. Father Gibson: Mr. Paul, don't you say that. Now remember, I'm on the side of the cathedral. Don't you say that. Don't let me call some names now. They were fully aware. And I warned them. I said have you busied yourself? You know. Now we don't have to... look, you and I are part of a family, okay? A church family. Okay? I don't want to have to put our business on the block. I will say to you, go on to the point that has been mentioned by the Mayor and Lacasa, stop. I promise you that within 90 days they're not going to do you in. Mr. Paul: But you won't be here. Father Gibson: Well, if I'm not here, let me say this. I may not be here, but oh the boys, I will know the boys who are here. And they...I hope Mr. Paul, I don't have to say any more than that. Mayor Ferre: All right, is there a second to the motion? Father Gibson: I'm going to second the motion with the full understanding that we're going just that far and the mapping process, I promise I'll call you, sir, I'll call Mr. Paul, I'll get to the Bishop, and I'll get to the Dean so that I will make sure everybody knows what's happening. Mr. Paul: But the City has totally lost its bargaining power if you go ahead with the mapping process. All they've got to do is to wait out the 90 days, or to object to what you want to do and then they get exactly what they want here today, the 12 FAR, with none of these public amenities. You totally lose your bargaining power. Mayor Ferre: Dan, that's all fine, but the fact is that what happens with all of this is going to be determined on the composition of the City Commission as of November the loth. Okay? Mr. Paul: No, it's more than the City Commission, Mayor. The Planning Department doesn't have any bargaining power in dealing with these developers if you have already given them at the end of 90 days what they want anyway. Mr. Ferre: The point is... Mr. Paul: If you defer it until you have the negotiations with these developers, then you have some bargaining power. Otherwise, you're giving away the publics position entirely. Mayor Ferre: I think for us to do other than what we're doing would be acting in bad faith, and I just simply do not, I can't go along with it. Mr. Paul: What about faith with the public. Doesn't the public have some rights here? What are you getting for the public in exchange for a 12 FAR? Mayor Ferre: Dan, Dan —this whole... Mr. Paul: Nothing is what you're getting in exchange for the public. Not one thing. 23 0C T u2.1"'d81 0 P Mayor Ferre: This whole thing has been discussed publicly. The Miami Herald editorialized in favor of... Mr. Paul: You are giving the publics rights away and getting nothing in exchange for it if you don't defer this until you have these negotiations. Your Planning Department are dealing with an empty hand, otherwise. They've got nothing to get these amenities with. The public is entitled to some consideration here. Mayor Ferre: Further discussion? Call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-908 A MOTION DECLARING THE INTENT OF THE CITY COMMISSION THAT NO BUILDING PERMITS WILL BE ISSUED UNDER THE CBD-2 DISTRICTS FOR A PERIOD OF NINETY (90) DAYS FROM THIS DATE TO PROVIDE THE CITY COMMISSION SIFFICIENT TIME TO AMEND THE CBD-2 DISTRICT ORDINANCE 9305. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Mayor Ferre: Now Father Gibson, I would now like to move the full document that you have before us that goes further. It says no building permit will be issued for 90 days and then it says, it deletes Section 7 (d) of said ordinance, and it enacts a substitute language which requires amenities to be provided subject to the review of the Urban Development Reveiw Board and to provide for additional amenities, such as required landscape plans for each individual private development, including landscaping of the adjacent public space, and I would like to add pedestrian connections, walkways, see through corridors, widening of streets. I think that covers it. And set back provisions. Now it leaves it very loose because it doesn't say how you're going to come back in 90 days with those amenities. All right. I would so move that that be included in the motion that was previously passed. Father Gibson: All right, do I hear a second? Do I hear a second?. Well I'll pass...I'll second it because I certainly believe that if we don't do this, we don't give the people some semblance of protection. All right, I second. Mr. Lacasa: There is a motion and there is a second. Under discussion. Mayor Ferre: I just want to add that I don't think it does any great harm by saying that we're deleting Section 7(d) since we can't do anything within the next 90 days. And I disagree with Dan Paul that there are no, that there is no bargaining position. I think if we delete Section 7(d) and specifically give instructions to the department as to what we want them to do which is to deal with set backs, see through corridors, pedestrian connections and landscaping that they then have the instructions to come back with a substitute for Section (d) of CBD-2 District Ordinance 9305, and that very clearly specifies what we expect from them. I think it's just one step that further guarantees the 24 0 C T % w 181 Mayor Ferre (continued): insurance that the department will come back with these considerations. I am all in favor of a 12 FAR. Like Dan Paul said and like others have said, the FAR is not really ever the key issue in my opinion. What is important is the amenities that come with it. And I think that we really have to put some safeguards into that area, otherwise, we're going to have buildings that are going to be built not by all, but by many people right up to the sidewalks, no green areas, and since we have now a street there, we're going to end up with a very high density in that part of Miami, and even though I am for high density, I am for properly landscaped and area high density. All right. Mr. Lacasa: Further discussion? Please call the roll. MOTION DEFEATED. On motion by Mayor Ferre and seconded by Commissioner Gibson, the foregoing motion was defeated by the following vote: AYES: Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo ON ROLL CALL: Mr. Lacasa: In voting no, I want to explain my reasons. I believe that by passing the first resolution which imposes a moratorium on any building permits, we keep this situation in a standstill which will give the opportunity to the staff, to the applicant, to the opponents, and to the City Commission to have 90 days to determine whether or not this deletion which involves major changes, or any other changes that might be appropriate to take in relation to this change of zoning to CBD-2, would be appropriate. Consequently, I feel that to have this major change thrown at us 10 minutes before taking a vote without previous advice and without previous study, is an undue procedure, and consequently, I vote no and I stand by the fact that we will have 90 days to consider this and anything else that might be appropriate to include in this resolution, in this ordinance. Father Gibson: Mr. Mayor. Mayor Ferre: All right, Father Gibson. Father Gibson: Are we still on this? Mayor Ferre: Yes. I want to say something too but you go ahead. Father Gibson: Mine is a follow up. You go right on. Mayor Ferre: Terry, all right, now let me understand. We now have a 90 day moratorium on building permits. A future Commission can come in and either change the ordinance or extend the moratorium, or give instructions to the staff. Is that correct? Any of those three things. Mr. Percy: That's correct. Mayor Ferre: Now I would not be precluded in November from coming back _ and making... and I don't mean to hurt your feelings, Jim. I'm not trying to be mean to you or anything, but that is really kind of, with all due respects to you, you know, you kind of really skirted the issue. You really didn't come down, I know it's impossible to come down on the specifics, but all you really said here was that you're taking out 7(d) to enact substitute language, but you don't say what it is, that requires... Mr. Reid: To require the amenities. 25 OCT 1y81 rA 4 ON 1 Mayor Ferre: Amenities. But you don't even describe the amenities. 1 Mr. Reid: The amenities, Mr. Mayor, to be clarified, that we want to ! require the same amenities that are provided in... that is the public arcade, public thru-walk connections. nuhlir cnrriAnrq gimil.ar I type spaces at ground level. So it is our...if the language doesn't say it, it was our clear intention to require those amenities. t! Mayor Ferre: But it doesn't say it, see? My questions to you, Terry, is +' whether I... see, this matter went down in defeat 2-3. Can I bring this up for reconsideration or make a new motion at the next Commission meeting? Mr. Percy: Yes, sir. You're talking about really a textual amendment to the ordinance thats been adopted already. And this could come forward at any time in the future. Mayor Ferre: I see. At any time. Okay. So I don't have to make any further action. Father Gibson: All right. Let me do this. Sir, at the next zoning Commission meeting there will be an item that will be affecting you greatly at that cathedral. It may appear as if there are two different items. But for all intent and purposes, they are inter -dependent, inter- related. Don't you come here later on and say you didn't know. I'm putting you on guard right now. Because I was called, and I told them that that particular matter would not come up until the November meeting. To be forwarned is to be forarmed. You get your troops together. That's what everybody else does. You see, you all think in church that all you have to do is to get on your knees and pray to the Lord and it will be done. Let me make sure that you understand that just like the other people bring their troops down here, you the church are no differe-stt. You'd better bring your troops too. Okay? All right. You have the bishop come in his purple, you know, so that they would think that that. purple means a little more than the white. Do you understand? Okay Now'you can't say'you weren't warned and you didn't know. And I hope you would do you research, you will do your study on that item, and if need be, you ought to ask the staff now. Or either, what you do is when you leave this meeting, go right over there to Mr. Reid and Mr. McManus and this gentle;nan here and let them tell you so that there won't be no we did not know. That's fair enough? All right. Gentlemen, I'm talking about the staff people. I, Mr. Manager, note how I'm going to do this. Mr. Manager, I want to ask you to instruct your staff to meet with these people before they leave today. Mr. Gary: Yes, sir. It's done. Father Gibson: You see, I can't tell you all what to do. But I daggone sure could tell the Manager. okay. Mr. Manager, I want that done forthwith.. Mayor Ferre: All right. Are we now concluded with that.17e now have to move an ordinance. Father Gibson moves 7(a). Father Gibson: Yes, sir. Mayor Ferre: Lacasa seconds 7(a). Read the ordinance, please. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) 1_ Mayor Ferre: Mr. Muir. / Mr. Muir: Mr. Mayor, since your protective language has not been approved by the Commission at this time, we would prefer that the Commission vote against the mapping ordinance in order to defer the matter. Mayor Ferre: All right, thank you, Mr. Muir. Mr. Paul. Mr. Paul: I want to urge you strongly to vote against the mapping ordinance so that it will be deferred and the two matters can come back 26 OCT 2 21981 4 AV, Mr. Paul (continued): to the Commission at the same time in which you're considering the amenities for the public and the protection of the cathedral at the same time the mapping is going. And I strongly urge you, Father Gibson, if you vote no on this ordinance, then it will be deferred and come back at that time instead of leaving this gun at the head of the public and at the cathedral. And I think it's clearly in the public interest to let the matter be deferred so that the recommendations of the Planning Department that Mr. Lacasa wants to hear come back at the same time that the mapping oridnance comes back. I urge you to vote no. Mayor Ferre: All right, is there further discussion on the passing of the ordinance 7(a) on second reading. Yes, sir. We're voting on the ordinance itself now. The previous motion was the 90 day moratorium. Father Gibson: Gentlemen, so that you... look, the only thing I know to do up here is to operate in good faith. We have an indication from those of us up here today that this business will not take place and you will have an opportunity to raise your objections. Okay? Mr. Muir: Father Gibson, I very much appreciate the fact that the Mayor and you voted in favor of this protective language which would assure the protection of the cathedrals interest and the amenities that we desire to see at the street level. However, because the language that the Mayor proposed did not pass, now we are faced with a mapping ordinance which if passed will not provide the protection that we desire and which you voted on befpre. So we ask now that at the time that this ordinance is reconsidered for mapping, that that is the appropriate time also to reconsider the protective language that you and the Mayor favor. So we would like to see them both come back at the same time, both the protective language and this mapping ordinance for the approval and consideration of the Commission. Mr. Paul: If you don't do that, you may very well be faced with claims on the part of these people that they have vested rights because you're putting in a mapping ordinance which doesn't have an exception. The mapping ordinance which is the legal document you're now being asked to vote on doesn't say a word about coming back and putting these amenities or protections in. And the mapping ordinance ought to be deferred until that comes back, otherwise, you're going to be faced with these claims of vested rights since you put in a clear on its face mapping ordinance with not a single exception in it. And it should be deferred. Father Gibson: All right. Let me make sure I understand. The ordinance is passed. Isn't that right? Mayor Ferre: Yes. What we're talking about here is the mapping. The ordinance is already passed. Father Gibson: The ordinance is passed. The mapping hasn't been passed. Mayor Ferre: That's what we're here and what Dan Paul is saving is... Father Gibson: And what we're saving is. all right. the ordinance is passed. All you have to do now between. for the next 90 days. work out the mapping process. Mr. Paul: No. that's what vou're being asked to pass is the mapping process. Father Gibson: No, no. All right. Let me say where I am. I-m saying that for the next 90 days we will work out, we will have to work out the mapping process which will give you the procedure which you are seeking. r Mr. Muir: Father Gibson, the problem is, the mapping, if you pass the mapping now we will have no protection. .27 0^T u v 1-9c-1 A Father Gibson: I'm not saying the ordinance is not been passed... saying that. Listen to what I'm saying. I'm passed. The mapping part of the ordinance has Mr. Paul: But that's what you're asked to vote on right now. Mr. Muir: That's what you're voting on. sir. Father Gibson: All right. Listen. listen. I'm saving to you. the Mavor gave the language and I am.. -the Mavor and I are for the language. Which means that if we are for that language. you will have the 90 days to get... Mr. Muir: Father Gibson, we ask that you not approve the mapping without the protections. What you've done —what you could do now is approve the mapping with a 90 day moratorium, but we ask that you not approve the mapping without the protections that the Mayor proposed. Mr. Paul: I think. Father Gibson, you're under a misimpression when you sav there will be 90 days to work out the mapping. What the matter right before you now that's to be voting on is the final mapping. That will never come back to the City Commission and we urge you strongly to vote against that. It has nothing to do with the ordinance, it's the mapping process that is not being deferred for 90 days. Mayor Ferre: All right. Before we come to a vote on this, obviously this is a key thing, and I want to give both sides to express their position. Mr. Fine. Mr. Fine: Now you know it's very hard to get equal time with Dan l,orai,rA T know his motives are right and obviously I have a tremendous amount of respect for his judgment. But I think in all our anxiety and because of other relationships here we ought to get things clearly. If you pass 7 (a) and (b) today, and in the 90 days you have a chance —all you're doing is mapping CBD-2: If you can't reach an agreement., if the staff can't with the property owners. you have several alternatives. You come back and you extend another moratorium of the Commission or you put these provisions in CBD-2 an4 it's mapped that way. Now really, it's blown out of proportion. The fact of the matter is Dan has concern with one paragraph of the ordinance. Now I can't believe the people of good faith. including the church, can't sit down and try to resolve it with your Planning Department. And if we can't. we come back and say we can't and the then Commission change the CBD-2 or does what it wants to. Now I think it's wrong for any group, or any individual come in here at this late date and describe evil motives to these applicants. We've been at this for almost a year. Your Department has been at it for almost a year. Now we may differ. but we ought to differ agreeably and no one here is trying to make anvbodv else a villian. but the fact of the matter is the City has all the protection it needs. and the people have all the protection they need. And they have it by virtue of the fact that within a 90 day period the ordinance can be amended to reduce it to an FAR of 1. if that's what happened, but you're mapping it in an area now. Mayor Ferre: And is there any vested... there was a statement made that i there would be vested interest if we proceed with the mapping. Excuse =i me. The City government had under the policing powers, zoning is a —I matter of policing, and the City can change zoninil at any time. It can withdraw zoning, it can improvement, it can modify', it can do anything. And it is within our powers to do that. So my statement continues to be, Mr. Fine and Mr. Paul, that the key thing is that the three key on this Commission which constitute a majorty will make that decision. And whether it's today or after the election on November the 12th, it's still the same thing. Mr. Traurig: I'd like to urge that you do approve the mapping. I think it's very important to reflect on recent past history. For example, an announcement that a major project will be built between 13th and 15th Street on the west side of the boulevard. OCT ^ ro�O81 oft Mayor Ferre: You•re talking about Cadallic, Fairview and Sears? Mr. Traurig: That's right. The whole Sears Roebuck complex. Now the truth of the matter is it will take a long time to get that plan into a posture where government is going to react to it, but they ought to know that it•s zoned CBD-2. The areo around the Mass Transit Station in the Government Center stie is mapped CBD-2. People are planning major projects there. They ought to be encouraged to proceed with that planning. I'm all in favor of the vigilance that Dan demonstrates and that this Commission and the Planning demonstrate, and that this ordinance, the regulations be refined and fine tuned. But we ought to map the areas. and then we ought to continue to try to fine tune the ordinance so that we get the landscaping and we stet the amenity Package. And I have confidence that staff will police this thing and regulate this thing. and that the machinery, including the Urban Development Review Board will be effective to produce the right product. But please map it so that development can continue to be planned. Mayor Ferre: Okay. Mr. Muir. Mr. Muir: Mr. Mayor. since a 90 day moratorium is what we're discussing, I can so no reason why if the developers have to wait for 90 days, they should object to having the mapping deferred for that same 90 days. I appreciate the protections that you have offered the community in the form of the amenities that you're seeking to have included. However. I see no reason why they should not be considered at the same time the mapping is considered. And that's why we request that the Commission defer the mapping until the same time that the amenities that you've suggested are considered. Mayor Ferre: All right. We've got to bring this to a head, so Dan. Mr. Paul: Just let me say one thing. I think Mr. Traurig has given the very best example as to why you should defer the mapping. Just exactly what I was saying. He said so developers can proceed to plan projects. And what's going to happen? If you then come in afterwards, after you've mapped it, and the developers will be standing up here saying oh. back here on October the 21st, you left the ordinance in effect, you nut the mapping in effect. and now we've hired...I heard all this in Ball Point, you heard it too. Mr. Gould came down here and told you how much money he would lose if he had to replan the project to put set backs in. For goodness sakes, put put —don't put the mapping into effect. Mr. Traurig has made the best argument I can think of for deferring it. Don't let these developers rely on something that we hope the Commission is going to change. And I strongly urge you, Father Gibson, to vote no on the mapping and then it will come back and be deferred like it should be to protect the public and the cathedral all at the same time. Mayor Ferre: Father, at this point, obviously, since I've stated how I'm going to vote and Lacasa is going to vote. it's your decision. And if you're going to vote in the negative, then I would, because of the legal requirements of this, then what? Vote for a continuance or a deferral? Mr. Percvt I could be handled either way, Mr. Mayor. Deferred... Father Gibson: It could be which? Mayor Ferre: Held either way. Could he make a motion to continue it for 90 days? Mr. Percy: Yes, sir. Mayor Ferre: It's your decision, sir. Father Gibson: Let's do it. Mr. Percy: For further study. 29 OCT A) Father Gibson: Yes. Mayor Ferre: All right. Now, Armando, and Don, and Toby, and Marty, and Bob who are the people that are interested here. Here's where we're at. Father Gibson has just said let's do it. Now I just want you to understand where we're at. That means that we do not have...I will vote for, and I think Armando will vote for the ordinance as has been read. Once,Gibson withdraws his motion, which is in effect the way he would do it, we no longer have that motion. We only have two votes for it, so in effect it automatically ... either we continue it for 90 days or...I don't know where we are. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: All right, sir. Mr. Fine: Dan in his usual persuasiveness, and the cathedral at to is late date. and having notice and signs all over, every pole and every street over there sav thev don't know about it. to demonstrate good faith on the cart of these developers. and I want to assure Dan that he doesn't have a monopoly on good faith, that there are a lot of developers -ho have a lot of good faith, if in fact you want to demonstrate to the community that we have it, I suggest you pass this thing in its entire effect and leave Section (d) out and give them time to do it, and then that will please Dan and he'll see that these developers will live up to their agreement. Now let's deal with that. Mayor Ferre: All right. But we need to get three votes on that. Now I don't know... Mr. Fine: You can get three votes because this is Dan's proposal. r -; Mayor Ferre: I dont know —Dan doesn't... _ Mr. Fine: Pardon me, I think you can. s' Mayor Ferre: I don't think Dan speaks for Armando Lacasa. Mr. Fine: Well excuse me, excuse me. It was my understanding that what in effect was being asked for today, and I address this to Mr. Lacasa so he understands it too, is simply, Dan, you correct me if I'm wrong, simply to delete 7(d) from the ordinance. Now that's what Mr. Reid brought before you and what Dan and he worked out and put on the record. Now I'm saying... i ' Mayor Ferre: I'm willing to vote for that because I knew this was going to havaen iust the wav its hanuened. Mr. Fine. And what we're saving. what Dan is saying, as I understand it. is. and what Mr. Reid recommended, is that 7(d)...wait a minute. Let me qo over this. Mayor Ferre. I dont' mean to tell you that I'm a magician and that I read crystal balls, but I knew that what has happened was exactly what was going to happen. f Mr. Fine: Can I just try to clarify this? Mr. Lacasa, may I go over this with you, with the Commission. In the best of faith, in my opinion, Dan came here.and said he has some concern about, not FAR, and he's right about that. You know, that's a red flag that gets a lot of people Jexcited. What he wants to do is make sure there is some pedestrian thru ways and some amenities. And we're in accord with that. Isn't that i your basic motive, Dan? No; I don't want to ask you a question. I want to withdraw that. I get a long speech on that one. Mr. Paul: You're going to get a long speech anyway. Mr. Fine: I understand. I'll get it when I want it, not when you want to give it. And where we're at is that it appears rather than deferring -± it, what I would recommend you do in the interest of the property owners 30 I OCT 2 21981 Mr. Fine (continued): is pass that ordinance without Section 7(d) and give the proverty owners an ovnortunity to come back to the planning Department and to these folks. and please the cathedral people, and we will. evervbodv. be in good shave. We will all be dealing in ¢ood faith. Now if they don't agree to that, then there's a hidden agenda that I don't understand. Mr. Paul. I'll tell you why that won't work because that section... Mayor Ferre: Wait, wait. Is that a change in your position? Mr. Paul: No, that's never been a change in my position. I'll tell you why it won't work and why You should defer the mappinz. Because that Section 7 is onlv for. it is only as bonsuses that are given, but the FAR is still so high ... what is the FAR without the bonuses, Mr. Reid? Mr. Fine: It starts at 7.5 and goes to 10.5. Mr. Paul: Okay. There's you answer right there. The developers can say go to hell, we don't want the bonuses, we can build in an FAR of 7, and Mr. Gould... Mayor Ferre: Dan, look... Mr. Paul: ...whole project on Ball Point is only 6.9. The whole - bonus system is what's wrong. It needs to be mandatory. And I can just hear it happening. We went right through it with Mr. Gould. You'll never get these ordinances changed unless you defer this mapping and reserve your bargaining power because they'll come back and say we don't care how you change Section 7. Mayor Ferre: Mr. Paul, you are just repeating for the fourth time... _ Mr. Paul: No I'm not repeating any...I don't think you realize, Mr. Mayor, that ... you can delete Section 7 and forget it in its entirety, and they can still build to an FAR of 7. That's too high without public amenities. They don't have to offer you a thing to build to an FAR of 7. Mayor Ferre: Dan, all right, you've expressed your opinion. I would like to concur with the Miami Herald's editorial that specifically recommended this matter to be passed, okay, with a 6.9 or 7, or whatever it was, FAR, which was the original intent. If you remove. if you remove Section 7(d) of said ordinance, in effect, we're back to where we were when we started until they come back with...I think that is ample guarantee. I think that that is where we were in the beginning, that is what staff has recommended, that is what staff has studied, and that's where at. And I think it is only fair. We've spent a year studying this thing, and I do not think that we should at this point stop the process that has been going ... you like go along a procedure of order. and I would like to sav that this is an orderly way of doing this. We've been doing it that way and I think this is the logical conclusion of this. However, I must repeat to all of you that this require.... anything that we do here requires three votes. Now, I would like to —and I would like to state my opinion. I am for the passing of 7(a) and (b) on second reading. and I am for the adoption of this document in its entirety as said by Marty Fine, because that safeguards. The moment you remove 7(d), that is the bargaining tool. Father Gibson. that you need. You don't... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: That's your opinion. My opinion is that you do not need a cannon when a shotgun will do the job. What do you need a cannon for? Mr. Plummer: You asked the City Attorney, Mr. Mayor, and he will tell you that that resolution does not remove Section (7) from the ordinance. You can't do that obviously... Mayor Ferre: I disagree, sir. I'm not an... 31 Mr. Paul: Ask him and he'll tell you. Mavor Ferre: All right. Terry. This Commission is entitled, on second reading to amend an ordinance. And I am saying that we can by passine a 4otipn. to amend the ordinance on second reading, can withdraw 7(d) from the ordinance. Is that correct. Mr. Percy: Okay. Yes and no, Mr. Mayor. Mayor Ferre: Well is it yes or no? Mr. Percy: The ordinance can be amended on second reading, yes. But the ordinance before the Commission is a mapping ordinance and the language being discussed now is a textual change in the ordinance alreadv adopted. This Commission can adopt a motion of intent as to later modifvine, amending the existing text of CBD-2 ordinance after the public hearing Process has been complied with. Mr. Fine: I have a solution. Mr. Mayor, I think. Without being asked to do so, the property owners in connection with the application on second reading, voluntarily agree to the fact that the CBD-2 ordinance does not contain that is, we would give an agreement that 7(d) of the ordinance is not operative as to this mapping. And we could give that ordinance in connection with this hearing and oive it in the form of a convenant running with the land? Mayor Ferre: Is that legal. Terry? Mr. Paul: No. it's only one property owner. It's not legal.. Mayor Ferre: Let me ask the City Attorney.. Mr. Percy: Mr. Mayor, we would require time to review that closely. I don't think that on its face it would appear to be proper. Mayor Ferre: Tell me again. Mr. Percy: We don't think on its face it appears to be proper. We need more time to look at it. Mr. Lacasa: Thank you, Terry. Now, what I would propose is, what I would propose is that we pass the ordinance, that we delete 7(d) at this point... Mr. Paul: You can't do it. Mayor Ferre: You can't do that. That's what he told you. He just told you that. He just told you that. Mr. Paul: That's why you need to defer it. Mr. Fine: You know, it really is unfair for Mr. Paul to call your department, give him language that he wants you to do, have your department come up here, give them the same language that Mr. Paul drafted and then say you can't do it. I don't understand that ballgame. That's not.really playing the game fair. Mr. Paul: Marty, you're totally incorrect. Mr. Reid drew the language himself. I had nothing to do with it. And to be honest with you, I don't agree with it because it doesn't go far enough. So let's get that on the record and be clear. Mayor Ferre: Marty, Marty. All right. Now that we have all these things on the record, the problem is that you need three votes for whatever you do here. Now, I have stated my position. I am willing to vote for 7(a) and (b) on second reading. We have a moratorium for 90 days, and the will of three of the five members of the Commission, no matter what that is, is going to determine the future anyway. I don't think that we're doing anything here and therefore, I am willing to move forward, because I, as you know, am very interested in seeing the development of 32 OCT 2 21981 dK Mayor Ferre (continued): that part of the community, and I think that that's something that we need to move on. We've got plenty of time, and the City always has the right, anybody who says that he was not notified and he didnt' know, I don't think that would, especially if he is a client of yours or a client of Bob's, certainly, and those are —between the two you, you represent 80% or 90% of any of the projects that are going on. Mr. Paul: Mr. Mayor, Mr. Traurig has already told yo" what the signal will be to the developers if you don't defer this. It will be that they have the right to proceed and that they have been mapped and zoned in that area without any restrictions. There's not a thing in this ordinance, the mapping ordinance that's before you now that provides any of these amenities to the public. And you will rue the day, and they will go down the drain, and I can hear, I saw it happen in Ball Point and in Dupont Plaza, and you're go..:; to commit the same error on behalf of the public in OMNI. I do not understand how there can be any objection if there's really good faith here on the part of the developers to deferring this until the Commission can come back and consider the whole matter. Mayor Ferre: You mean —yes, we could —look, the fact is simple again. We need three votes to do whatever needs to be done. If you are not in accordance with voting on this at this time, a continuance of this for 30 days, then puts it before the new Commission. It's ... we have to have some kind of a...I... some kind of consensus here because we need to have three votes whatever we do. I would hope that we proceed in another way. But that's —it's up to you and up to Armando. My position is firm. I am not changing my position, and that is that I think we should continue with the second reading, and that we ought to come back in 90 days with a specifically thought out process. And I'd like to ask you before the end of the day, Terry, to come back ... I don't know, would we have to advertise to remove 7(d)? Mr. Percy: Yes, sir. Mayor Ferre: I would then pass a motion that we advertise for the removal of 7(d) and then put that up and have a public hearing, at the time that we hear the other matter. Mr. Perez: To remove 7(d) is the same as amending the CBD-2 which already exists, which means that it has to go back to the Planning Advisory Board, the whole route. 90 days, assuming that the parties involved reach a compromise pretty fast,will be a forseeable abount of time. Mr. Reid: Mr. Mayor, could I make one statement on the record in terms of where this amendment came from and the administration position on this. The fact that we did not make these amenities required rather than just bonusing them was called to our attention by Mr. Paul, and we thank him for that. The procedure for accomplishing the change was recommended by,us, and we stand by it because it does two things. It provides sufficient time for the changes to be made, number one, and it does because of the language we've stated today, put developers on notice as to our intent. Our intent clearly on the record today is to make these mandatory. We have said that. If anybody comes before this Commission and say they have vested rights and they didn't know that that was our intent, they would be erroneous. 30 we have time to make the changes, we have stated our intent. Mr. Fine: Mr. Mayor, I want to apologize for two things. First of all, to Dan publicly. I didn't impune his integrity. I hope when I said that he gave the language to Jim; he certainly has a right to if he wanted to and he gave them some suggestions. And then I want to apologize to this Commission because I think we've, not by intent, but we've put you in a difficult position. A lot of things going on here that Father alluded to in terms of the church and the cathedral, etc. I think in order to show the good faith of the developers that I represent, and I'm sure Mr. Traurig and others feel the same way, let's defer it for 30 days, and we'll revisit the whole question and then we'll determine whehter these folks really want to sit down and meet with that Planning Department 33 OCT 9 41 1981 V U i Mr. Fine (continued): and get it done, or whether this is a big smoke screen that every developer is a thief and a crook and wants to rape the City. Father Gibson: I...Mr. Mayor. Mayor Ferre: Father Gibson. Father Gibson: Maybe my problem is I'm always for compromising and trying to.... Mayor Ferre: Father, excuse me. Let's take a 5 minute break on this. Father Gibson: And have peace. I think however if you do it now, you may ... I just feel there's no need for all this fighting. AT THIS POINT, THIS Mt. -TER WAS TEMPORARILY DEFERRED. THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF !' RECESS at 11:30 A.M., reconvening at 11:45 A.M., with all members of the Commission found to be present except for Commissioners Carollo and Plummer. t _ 7. ACCEPT PLAT: "DIAZ" SUBDIVISION i I J 71" Mayor Ferre: Item 25. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-909 A RESOLUTION ACCEPTING THE PLAT ENTITLED DIAZ SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; j AND ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE } PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo 34 OCT 2 21981 W 8. CONTINUED DISCUSSION re CHANGE OF ZONING (C13D-2 DISTRICT) PROVIDE FOR PUBLIC HEARING O14 PROPOSED "MAPPING" ORDII%WiCE w/ SPECIFIC.ATIONS AS TO SETBACKS, COMMERCIAL ARCADES, SEE - THROUGH CORRIDORS, ETC. ((See Label 6, above) AT THIS POINT, DUE TO MALFUNCTIONING OF THE EQUIPMENT, THE FIRST PORTION OF REVEREND GIBSON'S STATEMENT DID NOT GET INTO THE PUBLIC RECORD. HOWEVER, FROM THE CITY CLERK'S NOTES HE IS ABLE TO DETERMINE THAT REVEREND GIBSON'S STATEMENT MERELY REFERRED TO THE FACT THAT HE MOVED THAT THE ISSUE BE CONTINUED TO THE NEXT PLANNING AND ZONING CITY COMMISSION MEETING. REVEREND GIBSON CONTINUED HIS STATEMENT AS FOLLOWS: Father Gibson: ...but for you to hold up a man in operating his business for 30 days, is an awful long time when you go on the bond market or anywhere else and borrow money. So I don't want to hear later on somebody telling me about you know I had to go to Europe or I had to go to San Francisco. I want a commitment that you are going to meet with these people and I want to make an open commitment to Mr. Fine because of you, I promise you that whgn I walk out here, the Bishop is at the Convention, I promise I'll see him tonight. I promise to make sure that there is a commitment that within 30 days the cathedral is going to sit down with you and whoever else is involved in this business and talk sense about this. And I want to tell them that this is going to have to be a give and take. I know this business of going to bargain, and everybody is going to get I want what I want, and you have to —you get some and the other fellow gets some. Okay? Mr. Muir: Father Gibson, the developers I've talked with have all expressed concern equal to mine about developing the area and considering the cathedrals interest. And if our dicussion continues on that vein, I think we should have no problem. Mayor Ferre: All right, Mr. Fine, go ahead. Mr. Fine: I think perhaps statements caused some misunderstanding and I want to go over this again. in order to change, and Mr. Percy, whose opinion I have total respect for, and he can correct me if I'm wrong, in order to change any provision of the CBD-2 ordinance, if the City wants to change it, the Charter requires that you go back to the Planning Advisory Board and that then you come to the City Commission. Now what I would recommend that you do to expedite this and to show good faith is a s follows: and then this is a change, and Mr. Muir, so I want to keep my good faith with you. Thank you for calling a recess. You know we were all moving pretty fast. So I want to apologize if I've caused any misunderstanding and here's a solution that I think all of us can live with. Please pass the mapping ordinance today in its present form. Please pass an ordinance or whatever you pass, a resolution, directing your Planning staff to advertise before the Plannig Advisory Board right now. Not even wait 30 days. Right now at its next meeting, to revisit and restudy and rethink, or whatever you want to language... Mr. Reid and his people want to have in the CBD-2 ordinance. And that way the developers neck is on the line and Dan's gun is right at their head. It's come back before the Planning Advisory Board and we have no problem with that. Now I can't show better faith than that. Mayor Ferre: Marty, again, before Dan Paul speaks, the problem is this. That whatever you need to do here, you need three vottes. Now I am willing to vote... Mr. Fine: But I think Father Gibson might under these circumstances... Mayor Ferre: If Father Gibson is willing to vote that way, you've got the third vote. And if Father Gibson is not willing...FAther Gibson DST Z ne 35 Mayor Ferre (continued): just made a motion which has not been seconded... listen please, to defer this matter for 30 days, which is the next meeting which will be in December. He just made that motion. i Mr. Fine: I understand. But what I'm saying is, if I may, without being presumptious, I'm trying to present a new proposal that I think that three members of this Commission can live with. You map it today, you've already passed a resolution saying no building permit can be issued in 90 days. You have a Planning Advisory Board hearing within 30 days, your City Planning staff and you react to it, and Dan and the cathedral come there, and then they can't say they didn't know about it, Father, because they'll know about it. And you can feel comfortable making it today and Dan Paul can feel comfortable that he knows when that medting is going to be and he can be there, and he can bang the table and protect the public's interest, and I'm going to be there right with him -d that solves everybody's problem. Now if they don't accept that, I sutmit to you that I'm not sure good faith is on both sides of the table. �+ Mr. Paul: If you want to talk about good faith, we came to an agreement before the recess, as was Mr. Tine's proposal that it be deferred for 30 days and we would like it deferred for longer, but we're willing to accept the 30 days, and that is the proper thing to do. You should inot map... i Mr. Fine: The reason I'm... Mr. Paul: Let me finish, Marty, I didn't interrupt you. jMr. Fine: I'm sorry. I'm sorry. You're right. Mr. Fine: You should not map this matter today until the both things come back to you. It doesn't accomplish one thing and your City Attorney has already told you that if you adopt this mapping ordinance today, there's no way you can put anything i.:i it that will in any way protect the public. You have got to wait until you go back through the Planning Advisory Board and then back through advertising, and back through two readins. So the proper thing to do is to, as Father Gibson's motion to defer this matter for 30 days and if that motion doesn't pass, then I hope Father Gibson will vote against the mapping ordinance and that will have the affect of deferring it for 30 days. Mayor Ferre: Let's be very practical, Marty. Go ahead, make your last -� comment but we're going in a circle now. Mr. Fine: Okay. I think I can help us get in a straight line. I'm going to address this to the Commission, but directly at Father Gibson. Father, I don't have to tell you that, you know, to error is human, to forgive is divine. And what I'm really saying to you is that I did not realize that the 30 days couldn't work after I had a change to think about it because it has to go back to the Planning Advisory Board. This board can't do it. Now let's put things in proper time sequence. You j could pass the mapping today if the three of you vote for it, simultaneously, the next motion is to direct the Planning staff to have a Planning Advisory Board hearing. You complete all that before the 90 days and everybody is protected. Now that's the last I'm going to say. I don't know what else to say. Mr. Muir: I'm surprised at the remarks ,about good faith because in the hall we had all come to an agreement, Mr.Mayor. Mayor Ferre: Toby, Toby, I think Marty is entitled to change his opinion. He put it on the record. He explained. You know this is not something —this is not a court a law, and we're not plea bargaining here or anything like that. This is a Commission and it's an open process and people are expressing opinions. And it's very simple. Whatever is to be done requires three votes. Now if Theodore Gibson wants to put this off for 30 days, then we don't have three votes and then we put if off for 30 days and that's it. 36 OCT 2 21981 Father Gibson: Gentlemen, I live a life of, and I handle that business you all get money for, you know, go to court get a divorce. You know what I always say to people when they come to me? If you want to get equity in a divorce trial, you come to me. If you want to get ... don't want to get equity, you go get your lawyer. You pay the lawyer to separate you. You don't even pay me but I keep you together. Now, with that in mind, I want from the two parties to go out here, and I commit myself to get the cathedral staff and the bishop together with all of you within the next 30 days and we will have, I promise you, a reasonable, equitable agreement. I'll let the bishop know from the word go. He is the bishop but he needs me. I'll let him know and then let him express his concerns, and the cathedral people their concern because there is more on this than this particular item. Remember I said to you there are other things on Bayshore, North Bayshore, that affect this community greatly. And please, not for anybody's elses sake, but for my sake, take 30 days and let's sit down together and talk about this thing, and I promise you, the developers, I promise you you will get a reasonable solution to what you're asking. I promise you that. Mr. Fine: Mr. Mayor, I'd like to make things very easy, I hope. I've never impuned Dan Paul's integrity. He never mind, and Mr. Muir, I knew his dad, I remember him well. One of Miami's great lawyers. Just to make it easy for everybody, on behalf of our clients, we'd agree to a 30 day deferrment. Mayor Ferre: Sure. All right, Theodore Gibson moves that this item be continued until the next zoning meeting and hearing... Mr. Fine: Is there a date for that? Mayor Ferre: it will be in December. Seconded by Lacasa. Further discussion? This is for both items 7(a) and (b). THEREUPON, on motion duly made by Commissioner Gibson and seconded by Commissioner Lacasa, the City Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER TO THE NEXT PLANNING AND ZONING MEETING, BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Mayor Ferre: Now Marty, so that we do keep good faith, Dan, I would like to move that the City administration be ordered to hold a public _ hearing at the Planning Advisory Board for the purposes of revisiting 7(b), and specifically talking about those issues like see thru corridors, setbacks, landscaping and the street width and dedications. Those are the four items. Mr. Fine: And we're limiting it to 7(b). Mayor Ferre: 7(b). Those four items. Correct me. Don't come bafck and tell me I forgot. Setback provisions, see thru corridors, pedestrian connections and walkways, or plazas... that's what I said, pedestrian arcades, landscaping and road right of way dedications for widening of roads. Thos are the five items. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) 37 OCT 2 4011981 Mayor Ferre: I've already said that. I said pedestrian arcades, retail ground usage, commercial aspects of the ground, that's one category. jMr. Fine: May I just make sure that the resolution, or whatever it is, that it says that the hearing is limited to item 7(d) of that ordinance. Mayor Ferre: Marty, I'm the maker of the motion. And I will make the motion that it be limited to 7(d), and that it be further limited to i 5 specific areas. And there's what they are again. Setback provisions, pedestrian access, arcades, commercial arcades, pedestrian connectors, public amenities, three, see thru provisions, four, landscaping, and 5, widening of roads and public dedications. Those are the five areas to be discussed. Mr. Paul: Mr. Mayor, you can't limit it though to Section 7. Section 7 is a bonus section. And you will not succeed in getting those things V on a bonus plan. -I Mayor Ferre: I will only... if we remove 7(d), it brings back the FAR to 7. Mr. Paul: But you won't have any of these amenities. Nobody wants to build at more than 7. You're giving the whole piece away by 6oing-that-. i Mayor Ferre: Well, that brings it back... i _ Mr. Paul: Don't limit it to one section. The ordinance ought to be looked at in its entirety. Mayor Ferre: Jim. Mr. Reid: Mr. Mayor, the way we interpret the intent of your motion is to make these amenities mandatory. Mr. Paul: Exactly. If you limit it to 7, Section 7, you can't do it. Mr. Fine: Now we're really getting back to the agenda, and that is that Dan wants to revisit the entire ordinance, and that's not what's before you. Nor is that what Father Gibson said he wanted to accomplish. Now if you want to do that, then we ought to really stay here as long as you... Mayor Ferre: My motion is very specific. We're talking about going back to an FAR of 7. Adn the rest of that has got to be on a bonsus basis. Mr. Paul: You'll never get the amenities for the public then. Mayor Ferre: I don't know any other way to do it. Mr. Paul: I know a way to do it. In connection with the 7. Do you realize..,you're enriching the'developers by giving them a 7. Mr. Gould on Ball Point only has a 6.9. And you're talking about —you've got all kinds of amenities you findlly dragged out of him. Are you now talking about giving an FAR of 7 and not making these amenities mandatory? Then you might as well just turn over the deed to the City and forget the public if that's what you're going to do. Don't restrict it. What you want to do is just what Mr. Reid said. Your intent is to get these things on a mandatory basis.- Go by what Mr. Reid's intent was and what the Planning Department wants. Mayor Ferre: Well now, here's where we are. I'm trying to make a motion so that the Planning Department can revisit this issue and bring it before the Planning Board. Is that correct? Now Mr. Reid, I'm trying to accomplish that in a way that will give a... the future Commission and the Zoning Board the opportuAity to discuss these things. Now, is there any problem with the motion as I've made it? Mr. Reid: With the clarifying it is, hopefully, that it's your intent is to make these amenities mandatory. If that's the case... 8 OCT A 1981 Mayor Ferre: Well, I think that if we open it up for the Planning Board to revisit this, the Planning Board I think has that authority. Doesn't it Marty? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: What happens... Mr. Percy: That's an advisement board, Mr. Mayor, they don't —they just make recommendations to this body. Mayor Ferre: My motion was very specific, and it dealt with 7(d) and it dealt with 5 items and it dealt with it on a bonus basis. That's my motion. Now if somebody wants to second it, that's up to them, and if nobody wants to second... Mr. Lacasa: I will second the motion, Mayor. Mr. Muir: The only question, Mayor, has to do with the mandatory nature of the amenities that you see. Mayor Ferre: Toby, that's something that's going to have to be discussed by the Zoning Board, by a future Commission here. Mr. Muir: Mr. Mayor, if it's the desire of this Commission that amenities be provided, then that is, the Commission can today certainly be on the record for exercising that. Mayor Ferre: What I am telling you is that what I am doing is giving you the vehicle legally to reopen all of the issues before the Zoning Baord and then it is the will of this Commission as it sits in the future to make that decision. Remember, that the Zoning Board is only an advisory board and it has no legal status. Now all that does is it gives Dan Paul and you the right to come up and discuss these issues, and then it eventually comes to the Commission. And frankly, with all due respects to the Zoning Board, on an issue of this magnitude, what is important is what will be discussed here, not what will be... this is only a legal vehicle. Now if it is... believe me, if it is the will of the five members that sit here past November the loth to amend that zoning and make it mandatory, it will. And if it is not the will to make it mandatory, it won't no matter what we do here today. Mr. Muir: Mr. Mayor, is it the intent of the three people voting on this today to make the amenities mandatory? Mayor Ferre: It is not my intent, sir, at this point to make it mandatory. It is my intent to give this a vehicle in which to travel. Now the decision as to whether it's mandatory or whether it is not mandatory is up to a future Commission. All I'm doing is reopening for discussion. ! Mr. Paul: Mr. Mayor, don't tie the Zoning Board's hands. You're asking for their expertise, the Planning Board rather, and their recommendations. Let them tell you which ones should be mandatory and which -wouldn't. Let them make their recommendations and don't put them in sort of legal straight -jacket where they feel like that you have givne them such a limited mandate that they can't come up and accomplish your purposes. Otherwise, forget your Planning Advisory Board and just say that they re nothing but stuffing if that's the way you want to treat them. But if you want to accomplish these objectives, then don't tie their hands and put them in some legal straight -jacket. Mayor Ferre: I have expressed my position on this. This is a legal vehicle with which to travel. We must send it back to the Planning and Zoning Baord. The Planning and Zoning Board can do anything they want. Mir. Paul: Not if you give them a motion saying only to consider one section of the ordinance. Mayor Ferre: They have to come back here with their recommendation and then it is this Commission that will deal with the issue. 39 OCT 2 2 '�81 f Mr. Paul: Fine. Then if you could just add to your resolution that the Planning Advisory Board can make such other recommendtions as they desire. Mayor Ferre: But can't they do so legally anyway, Terry? Mr. Percy: Yes, that's implicit. Mr. Paul: All right, then if that's the intent of your motion, I'm satisfied with it. If it's clear on its face that that is the intent. Mayor Ferre: You get so intent on things, Dan, that you're not listening. Mr. Paul: No, I listened exactly to what you said, very carefully. Mr. Fine: Your motion is restricted to 7(d). Mayor Ferre: It is. Yes, sir, my moiton is and the second is. All right. Mr. Paul: I thought it was also such other things as they wish to make recommendations on. Mayor Ferre: No, sir. It is the legal interpretation of Terry Percy who just said that the Zoning Board can come back with any recommendation they want on any issue. Mr. Paul: In addition to your motion? Mayor Ferre: Of course. And all that means is that we are deferring for the next Commission this issue. All we're doing is giving a legal vehicle to travel on. That's all. Father Gibson: All right, do I hear a second. Mr. Lacasa: I seconded. Father Gibson: All right. Discussion? Mayor Ferre: The motion, sir, is that this Commission is... (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: No, sir. We have a 30 day deferral on item 7(a) and (b). Now let me restate my motion. The motion is instructing the administration, through the administration to the Planning Advisory Board to commence hearings on five items as already expressed, as it relates to 7(d) which is on a bonsus basis. Now that opens the issue for disscussion. They can come back and deal on any issue that they want, come back to this Commission, and it is three members of this Commission which will make the decision asto whehter or not is is mandatory or whether or not it is on a bonus basis. That is the motion. Father Gibson: Call the roll, please. 1 (CONTINUED ON NEXT PAGE) 40 OCT ' 2 1981 ki The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 81-910 A MOTION INSTRUCTING THE CITY ADMINISTRATION TO ARRANGE FOR A PUBLIC HEARING TO BE HELD BEFORE THE PLANNING ADVISORY BOARD FOR THE SPECIFIC PURPOSE OF THE RECONSIDERATION OF SECTION 7(d) OF A PROPOSED ORDINANCE ("MAPPING") AND CHANGING THE ZONING OF AREA GENERALLY BOUNDED BY NORTH BAYSHORE DRIVE, N.E. 17 TERRACE, N.E. 2 AVENUE, N.E. 16 STREET, N.E. 1st COURT, N.E. 15th STREET, N.E. 1ST AVENUE, N.E. 14TH STREET, N.E. 2 AVENUE AND I-395; SPECIFICALLY TO DEAL WITH: 1. SETBACK PROVISIONS 2. PEDESTRIAN COMMERCIAL ARCADES AND GROUND LEVEL USAGE; 3. SEE -THROUGH CORRIDORS; 4. LANDSCAPING 5. STREET WIDTH AND DEDICATIONS; ALL OF THE ABOVE TO BE CONSIDERED ON A BONSUS BASIS Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner trmando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 12:05 P.M., reconvening at 2:30 P.M., with all members of the Commission found to be present except for Commissioners Carollo and Plummer. 9. GRANT 1-YEAR EXTENSION OF VARIANCE: 1981 S.W. 25 AVENUE Mayor Ferre: Now, item 24 for this lady who has to leave. This is, I think, a non -controversial item which is an application by Sarah Cohen for a one-year extension for a variance which we previously gave here to the average width of an area of approximately 1831 S.W. 25th Avenue, Planning Department recommended the approval. The Zoning Board by 5-1 recommended. Ma'am, since J. L. Plummer is not here, I'll ask you the question he always asks. Why have you not moved ahead with your project? I assume you're Mrs. Cohen, right? Mrs. Sarah Cohen: I'm Sarah Cohen yes. I don't know. and he's working on it. And it didn't come out in time. Mayor Ferre: But you will be moving along now? All right. Mrs. Cohen: Oh yes. We are moving along right now. 41 OCT 2 219a'1 Mayor Ferre: All right, is there a motion? Father Gibson: Move. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: I see. Moved by Gibson, seconded by Lacasa. Further discussion on item 24? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-911 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIAN—r AS LISTED IN ORDINANCE NO. 6871, ARTICLE IV, SECTION 11 (1), TO PERMIT REPLATTING OF LOTS 11 AND 12, SLIVER BELLE SUB (18-6) INTO PARCELS "A" AND "B" TENTATIVE PLAT #1106 "COHEN SUB" BEING APPROXIMATELY 1831 S.W. 25TH AVENUE; SAID PARCEL "B" BEING 52.0' IN AVERAGE WIDTH (60.0' AVERAGE WIDTH REQUIRED) AND 5,200.00 SQUARE FEET IN AREA (6,000 SQUARE FEET REQUIRED) ZONED R-2 (TWO FAMILY DWELLING). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo 10. SISTER CITIES PROGRAM - BOGOTA REQUEST FOR SECRETARIAL S.:RVICE REFERRED TO CITY MANAGER Mayor Ferre: We have a very quick item on the Sister City item that you... but quickly. If it takes more than 2 minutes, we can't handle it. j Mr. Gary Molpell: I'm Gary Molpell. Good afternoon. I'm president of the Miami Bogota Sister City Program. We have a couple of items of old business, number one. In approximately April of 1980, the City Commissioners agreed that they would appoint each one member to our board of directors. And subsequently, I've spoken with Commissioner Plummer and Mayor Ferre and they each indicated that was old business which has to be take care of, and I would request that be taken care of. Mayor Ferre: May I recommend that you wait until we have a new City Commission which will be in another week or two. Mr. Molpell: That I understand except that we'r not anticipating a complete change, and if we could get some action now with perhaps facilitate the progress on our board. Item number two is at the Columbus Hotel very recently, we met with Commissioner Plummer, with Mayor Ferre and also Mr. Lacasa was there, and a request was made for some secretarial assistance. Mayor Ferre 42 0 C T ' % i781 Mr. Molpell (continued): suggested that perhaps a $500 appropriation for one year for secretarial purposes would be in order, and so we're requesting that at this time. Mayor Ferre: Let me tell you, Howard, I know t'iat we have a tight budget, but our number one sister city relationship is Bogota. That's the first one that was established by Bob High, God rest his soul. It's the one sister city relationship that we have always maintained firmly, and I think it's something that we really should ... we've never helped them really the way we should. And they wanted us to give them secretarial time, and I told them look, we don't have secretaries that can do that. The best way is we'll assign a sum to you and you get your own secretary. So I would like to, if it's all right with you, Father, move that we do that. And... Mr. Lacasa: I'll second that. Mayor Ferre: If that's acceptable. Do you need a motion on that? You don't need a motion. Mr. Molpell: And we would like to invite the City Commissioners and the Mayor to an art exhibit -cocktail party November 20th, Friday evening at the Coconut Grove Bank as well as to our annual Christmas party on December 5th. Mayor Ferre: All right. My appointment to this board is David Weaver who is an American who lived in Medejin Columbia for many years. I think we've been making a serious mistake and I want to tell you what it is. We've been appointing Columbiana to serve on the Sister City and that doesn't really serve the purpose of the Sister City because it's all right to have Columbiana, but I think we need to appoint Americans, because otherwise, if we appoint Columbiana who live here in Miami, then what purpose does it really serve to have a Sister City operation. So my appointment would be David Weaver. I would like to ask Father Gibson and Armando Lacasa to make their respective appointments before the end of the day, and we'll let you know. NOTE: Mayor Ferre appoints David Weaver Mr. Molpell: Thank you very much. to Sister City Program -Bogota (Colombia). Pending are appointments Mayor Ferre: Thank you, sir. from Commissioners Lacasa and Gibson. 11. SECOND READING ORDINANCE: ADDING R-T RESIDENTIAL TRANSIT DISTRICTS BY AMENDING ART III ORDINANCE 6871 Mayor Ferre: We're now -back on the regular agenda which is item number 8. I would hope, ladies &...d gentlemen, we can get through the agenda now in one hour. All right, "Let's go to 8. This is a Planning Department application by adding an R-T district. This item was passed on first reading. Is there anybody here who is opposed to this? Can you give us, Jack, a one paragraph description? A short one paragraph description. Mr. Jack Luft: This district is intended to promote moderate costs, moderate to high density residential on the neighborhood scale. By that I mean not high-rise, within areas near transist stations where we can offer a little bit of flexibility in parking and setbacks to encourage developers to provide this housing which they're not doing now. The best place is near the transit stations and that's why it's called R-T, Residential -Transit. Mayor Ferre: Discussion on this item? All right. This is on second reading. It was previously moved by Plummer, seconded by Gibson. Gibson moves? Father Gibson: I'll move. 43 OCT 2 21981 Mayor Ferre: Gibson moves... Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion on item 8(a)? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: All right, call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE III, ZONING DISTRICTS, SECTION 1, BY ADDING R-T, RESIDENTIAL TRANSIT, AFTER R-SA, HIGH DENSITY MULTIPLE DWELLING; AND BY rL4KING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINti_NCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 24, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9336 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 12. SECOND READING ORDINANCE: ADDING NEW ARTICLE X-2 RESIDENTIAL TRANSIT R-T DISTRICT Mayor Ferre: Take up item 8(b). 8(b), please. Second reading, an ordinance. Planning Department, and this deals with the R-T district. It was moved by Plummer, seconded by Lacasa. Gibson, do you want to move it again? Father Gibson: I'll move it. Mayor Ferre: Gibson moves, Lacasa seconds. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). OCT � .. I �81 �4 L Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED I AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW ARTICLE X-2, RESIDENTIAL TRANSIT R-T DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Passed on its first reading by title at the meeting of September 24, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its becond and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9337 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 13. SECOND READING ORDINANCE: APPLY NEW RESIDE14TIAL TRANSIT DISTRICT TO AREA BOUNDED BY N.W. 7 TO 10 AVENUES AND N.W. 11 TO 14 STREETS Mayor Ferre: 8(c). Same matter. Father Gibson: Move. Mayor Ferre: Gibson moves. Mr. Lacasa: Second. Mayor Ferre: Lacasa seconds. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. (CONTINUED ON NEXT PAGE) OCT 2 21981 e #"\ AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA BOUNDED BY EAST -WEST (SR836), N.W. LOTH AVENUE TO SUNNYBROOK ROAD, THROUGH MID -BLOCK SOUTHEASTERLY TO WAGNER CREEK, SOUTHEASTERLY TO N.W. 11TH STREET THEN NORTHEASTERLY AND 200' PARALLEL AND NORTH OF N.W. 11 STREET TO THE NEAR LOT LINES TO N.W. 13TH STREET, N.W. 13TH STREET, AND N.W. 7TH COURT, TO SR836, FROM R-3 (LOW DENSITY MULTIPLE), R-4 (MEDIUM DENSITY MULTIPLE), AND R-C (RESIDENTIAL OFFICE) TO R-T (RESIDENTIAL TRANSIT DISTRICT), EXCEPT FOR HIGHLAND PAkus, ZONED PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT), ALL AS PER THE ATTACHED MAP Passed on its first reading by title at the meeting of September 24, 1981 was taken up for its second and final reading by title and adoption. On motion of Commissioner Gibson, seconded by Commissioner Lacasa, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Armapdo Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9338 The City Attorney read the Ordinance into the public record and announced that copies were available to the members of the City Commssion and to the public. 14. DISCUSSION AND CONTINUATION: REQUEST TO CHANGE ZONING CLASSIFICATION 2661-2665 SOUTH BAYSHORE DRIVE Mayor Ferre: Take up item 9. Okay. Mr. Richard Zelman: Mr. Mayor, members of the City Commission, my name is Richard Zelman. I'm the attorney for the applicant with address at 444 Brickell Avenue. At this time, I'd like to request a deferral because of the short board we have today. Mayor Ferre: There is a request by the applicant —see, this morning, there was some people here who wanted a deferral. The applicant said that no, he wanted the matter heard. Then he asked me what my opinion was and I told him that I thought I probably was going to be voting against it. And I think he now realizes that it might be better to delay it until he gets a larger Commission, an expanded Commission. I plan to be here to hear it, but maybe there'll be others here who might feel different. And out of courtesy to him, even though I think I'm opposed to this matter, I will, I'd be happy to defer it since the applicant is ... are you objecting to that? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Hey Chief, wait a moment, wait a moment. I've got nothing 16 OCT fi]i 01931 i i, Mayor Ferre (continued): to do with that. I've got to go by what that man over there says. See? And that man over there said to me you can only put it off if the applicant wants to put it off, and he said I dont want to put if off. UNIDENTIFIED SPEAKER: Well I think that's what he said. And so I think having said that, I. think he's got to go forward with it then. Father Gibson: But he could change his mind, can't he? Mayor Ferre: I can't deny him...he doesn't have my vote. He knows that. Nobody asked me that. So after looking at that thing, I decided that I am not for that. I'm against it. Now I will again, Terry, I will again be ruled by your legal ruling. Now this man this morning said that he wanted this matter heard. Now he gets up and he says he doesn't want to be heard and these people have been sitting here for 5 hours now. What's your ruling? Mr. Percy: The applicant is entitled to the deferral based on the short Commission, unless there are compelling reasons to the contrary. UNIDENTIFIED SPEAKER: 5 hours is awful compelling, Mr. Mayor. Mayor Ferre: I'd like to vote against this, okay? But I think fair is fair. If the guy wants to, you know, he didn't ask me. If he'd ask me this morning how I felt about it, I would have told him that I don't think that's very good... in other words, I would have told him that I think that the Planning Department's denial on this entire site, a strong denial, is pretty heavy medicine. UNIDENTIFIED SPEAKER: I agree, sir. Mayor Ferre: But he's entitled. I can't deny him that. I'm sorry that you wasted 5 hours. Now is there a motion that this item be continued? Father Gibson: Let me make sure. That's you the applicant? Mr. Zelman: Yes, sir. Father Gibson: You represent them. Mr. Zelman: Yes, sir. Father Gibson: And that's your wish. Mr. Zelman: Yes, sir. Father Gibson: I see. Mr. Lacasa: And you want the item to be continued? Mr. Zelman: Yes, sir. Father Gibson: And you understand? Mr. Lacasa: I move. Father Gibson: And you understand what the law is. All right, I offer... UNIDENTIFIED SPEAKER: The law is that it may be..I just was concerned that maybe there had been a waiver of that since the matter was allowed to be brought up this morning. He asked specifically that it not be deferred. Having made that election, it seems to me that he is now stuck with it. That's all I'm saying. Father Gibson: Well, he has a right to change... Mayor Ferre: Let me tell you that that's my opinion. But I'm going to be guided by what the City Attorney rules, and the City Attorney ruled that he has the right... 17 OCT Z 21981 W� UNIDENTIFIED SPEAKER: If you could just, Mr. Mayor, if I could be presumptious for a second. If you could ask the City Attorney, he sa.d that the applicant has a right to a deferral on a short board, but I don't think he answered the question of once having elected to go before the short board, if then sometime prior to the vote can elect to have it deferred. Mayor Ferre: All right. Mr. Percy. The question specifically is once 11 having made a decision, can he then change his mind? i Mr. Percy: Prior to the adoption of the measure concerning his item, the C; applicant has the option to go forward or not to go forward. i Mayor Ferre: There is a motion by Commissioner Lacasa that this item be continued, Gibson seconds. Further discussion? Call the roll. THEREUPON, the members of the City Commission on i motion duly made by Commissioner Lacasa and ' seconded by Commissioner Gibson AGREED TO CONTINUE THE ABOVE MATTER TO THE NEXT PLANNING AND ZONING COMMISSION MEETING; BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT:Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo ON ROLL CALL: Mayor Ferre: Let me understand this right. If I vote no, is this matter defeated? Do you need three votes? Mr. Percy: Yes, sir. Mayor Ferre: So I'm forced to vote yes to go along with the request. 1 Mr. Zelman: Thank you. ` Mayor Ferre: I'll be waiting for you next time. i 'tr. Zelman: I'll be back, Mr. Mayor. Thank you. i I i 15. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION: 154-200 S.W. 17 AVENUE FROM C-R TO R-4 Mayor Ferre: Item 11. Mr. Whipple: tor. Mayor, perhaps in the interest again of conserving time, the Commission deferred this item at the last meeting specifically because they did not feel that this HUD project should empty out onto 17th Avenue. I've been assured by the HUD people that the plans have been revised, as a matter of fact, I've seen the plans. There is no traffic now exiting on 17th Avenue and they are here to reflect that into the record and have placed the plans in the file although the condition cannot be attached to the change of zoning being processed. Mayor Ferre: Keep on talking for another minute. M• Father Gibson: Although what? Mr. Whipple: There is no way we can attach a condition to the granting of this change of zoning. We're not allowed to attach conditions. But as they are putting it on record, and as the plans are on file and we have their assurances, we have no problem with this. Father Gibson: But if they offer it, suppose they offer it? Mayor Ferre: They have offered it. Mr. Whipple: Well, that's up to the Commission. Father Gibson: Are you willing to offer it? UNIDENTIFIED SPEAKER: Yes, sir. Father Gibson: All right, I move. Mayor Ferre: Is that clear enough. Father Gibson: Remember, I'm moving based on the fact that you're offering those conditions. Mayor Ferre: Is that clear? 4 UNIDENTIFIED SPEAKER: It's already been redesigned. Father Gibson: No, no. I understand. You have agreed voluntarily this is what you're going to do. I offer it. UNIDENTIFIED SPEAKER: Yes, sir. Mayor Ferre: All right. A motion has been made. Is there a second to the motion? Armando, are you... Mr. Lacasa: Yes, second. Mayor Ferre: There's a second on the motion. This is an ordinance on first reading... Mr. Gary: Excuse me, Mr. Mayor. I'm sorry. It's good for them to verbally tell us they give us this covenant, but we would need that in writing. Father Gibson: Oh yes. You understand, we expect that to be in writing. - UNIDENTIFIED SPEAKER: Yes, sir. Mayor Ferre: Is it in writing now? But it will be before second reading. I got you. All right. On first reading, Lacasa moves, Gibson seocnds. Further discussion? Read the ordinance. (AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll, please. (CONTINUED ON NEXT PAGE) 19 OCT 2 1981 VON AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE E1/2 OF TRACT "B" TENTATIVE PLAT NO. 1051-A LITTLE HAVANA FIRST ADDITION", BEING APPROXIMATELY 154-200 SOUTHWEST 17TH AVENUE, FROM C-4 (GENERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16. DISCUSSION AND CONTINUATION: REQUEST FOR CHANGE OF ZONING CLASSIFICATION 195 S.W. 29 STREET Mayor Ferre: Take up item 12, please. This is Marvin J. Rauzin to change zoning from R-4 to R-C. Planning Department recommended denial, the Zoning Board on a 4-2 recommended approval. Is the applicant here? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Marvin Rauzin: My name is Marvin Rauzin, 1150 S.W. 22nd Street in Miami. This zoning matter I took to Mr. Whipple, oh, it must have been about 6 or 8 months ago. Something like that, and I mentioned to him I was thinking of rezoning it and he said well he had had some inquiries in the neighborhood similar to mine so he would check into it to see if the City could carry the ball to rezone it. And after a couple of months, he told me that because of the fact that apartments were short in the neighborhood, they felt they couldn't ask for a rezoning in this matter. Mine is zoned right now R-4 and if you'll look at the map; you'll see that all three sides are R-C except the one side there which Florida Power and Light has asked to be made into a sub -station of sorts for electrical... Mayor Ferre: I see R-4 on two sides. Mr. Rauzin: R-4, we're right there. That little triangle there. And it's an R-4 part that goes back into the R-C. Mayor Ferre: You made a statement that it's R-C on all but one side and I see it the opposite. There are three sides, two of which are R-4 and one is R-C. � 0 OCT "►81 ON Mr. Rauzin: Yeah well, you're right there except for that fact that little bit of R-4 to the north of us is owned by Florida Power and Light and they intend... Mayor Lacasa: We are talking about the triangle in yellow, right? Mr. Rauzin: Yeah, that's right. Mr. Lacasa: And let me ask you this. What will be that area where the 97 is? That is what, the west? No, the east. Mr..Rauzin: Yes, the east side is the Metro Rail, is RCB. Mr. Lacasa: Is R-C. So actually, that triangle would be part if it were not because of the expressway or rapid transit or whatever it is, If it were not because of this, that triangle would be part of that lot. Mr. Luft: Everything west of transit is R-4 all the way to 8th Street. Mr. Lacasa: Was there any street dividing those two... Mr. Luft: Just the railroad tracks. Mr. Lacasa: What is this band that divides... Mr. Luft: The old FEC railroad now the rapid transit. Mr. Lacasa: That's the railroad. Mr. Luft: It's been R-4 for years and years all the way up to 8th Street and all the way down to 14th Road. (INAUDIBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Rauzin: But what I've got there... Mayor Ferre: You havn't walked that part of town yet, huh? When does that cme up? Next week? Mr. Rauzin: What I've got there, it appears to me, is sort of like spot zoning is reverse. When you consider that Florida Power and Light wants to make a station there where they will use it for electricity and it would mean on one side I'd,have Metrorail, on the other side, I'd have R-C and on the third side, I'd have a Florida Power and Light Station, and the only place would be R-4 would be across 15th Road where there is a parkway in the center. So it's a very odd situation there that it's still zoned R-4 for such a little piece cut out like that. And then I would ... R-C means residential and commercial, or residential and offices, so that it would still be residential too, partly. I'd rent either way the people wanted it. And I do have enough parking there. I can add 10 more places and have 32 cars for parking. I've got a petition that I passed around, and almost everybody in the neighborhood was willing to sign it to say that they did not object which I'd be glad to show you. The area is not congested, especially at 14th Street. It's a deadend street on one side of me and in the neighborhood is plenty of apartments where people can rent. And that situation has now turned around where the apartments were short, and I have a list I made up during the past month of 15 vacancy signs in the neighborhood which means there's a lot more than 15 vacancies because some of them may be more than one. And that's within a half a mile. So the apartment situation turned around a great deal in that time. The, I wanted to add there too some security which the tenants seem to be demanding because we've had a couple of robberies, and by doing that, I can't very well afford to keep the same rents and spend a lot of money doing that. Closing in a lobby is what I had in mind. So... Mayor Ferre: Mr. Rauzin, let me ask you. What would you do on that property if you zoned it R-C? Mr. Rauzin: Well, I would rent to offices, or residential either one. It's a 6-story building with just 3 units to a floor so it's more or less... 11 31 OCT 0 i381 .•A Mayor Ferre: Is it existing? It's an existing building? Mr. Rauzin: Yes. Mayor Ferre: You're not going to knock it down, you're just going to remodel it. Mr. Rauzin: Right. It doesn't need any remodeling to speak of because of the way it's laid out. I could probably rent one floor at a time for various offices. Now I ask you if you had a choice in looking for an apartment, would you pick one that's going to be next door to a Florida Power and Light Station on one side, Metrorail on the other, offices on the third side, or would you go somewhere else? Mayor Ferre: He's got a good point. Mr. Luft: Mr. Mayor, I'd like to have a chance to comment on this. Okay. You have 25 units in your building? Mr. Rauzin: 15. Mr. Luft: I counted 20 doors. The Metrorail is not going to open for 3 more years, and the construction of the guideway is substantially completed today. You see those green spots on the map across the road? Those green spots, and a whole consortium of property owners have called me and informed me that they are on the basis of this request, going to be filing before the Zoning Board for a zoning change of R-4 to R-C, on the other side of 15th Road. Right across the street. Mayor Ferre: Who is going to do that you say? Mr. Luft: I say the property owners across the street, a group of them have called me and informed me that they are now going to go to the Zoning Board and request the same thing that this gentleman is requesting, commercial zoning. We have quite a number of apartment units, and if you've been through there, they're quite good ones. In fact, Mr. Rauzin just refurbished his building. It would cost the City in the neighborhood of $300,000 of tax money to subsidize development under our housing program to replace those moderate cost housing units that he's trying to convert to offices. What we're trying to argue very strenuously in this area is that there is not an enviornmental problem, at least not for 3 years. Even if you want to believe Metrorail will be a problem. It is by no means certain that FPL is going to get a sub -station there. They haven't even gone to a hearing yet. What we're simply trying to argue is that as Commissioner Gibson said this morning, it's staff's responsibility to warn you, to put up a red flag if there's problems ahead. And what we're saying here is simply this. A zoning change on 15th Road, at this location, will be a red flag for every property owner across the street who are in concurrence in those apartment buildings to come forth with a similar zoning request. And instead of 15 units, we're looking at a couple of hundred housing units that are in a good solid neighborhood. We're trying to hang on to them as per your policy to protect our valuable moderate cost housing resource in the City. Mayor Ferre: Okay. You have the arguments on both sides. What's the will of this Commission? Mr. Lacasa: This argument, Jack, this argument that Mr.Rauzin stated that that area of R-4 is going to be rezoned for the Florida Power and Light, what is what we have there? What is... Mr. Luft: There's an apartment building there today. Mr. Lacasa: Pardon me? Mr. Luft: There is an apartment building there today, and Florida Power and Light is considering locating a sub -station there. Mr. Lacasa: Is considering that. What will happen if they were to place the sub -station there? Mr. Luft: They would...if they were successful in getting the sub -station, which they would have to get your approval to do, then they would build a sub -station as they do in neighborhoods all over the City, with the decorative wall and the landscaping and the 20 foot yard areas around it. Mr. Lacasa: Have they applied formally for this? Mr. Luft: Not yet that I know of. Mr. Rauzin: I believe it came up last night at the Zoning Board. It was on the agenda for last night. Mr. Lacasa: It's on the agenda on the Zoning Board? Mr. Luft: I don't know, next month. Mr. Whipple: Next month. Mr. Lacasa: I would propose that we defer this item until we know what the situation is with Florida Power and Light. Mayor Ferre: I think that's a smart thing to do. All right, there is a motion that this item be continued for the... Father Gibson: The land belongs to Florida Power and Light. Mayor Ferre: The land, I guess, belongs to Florida Power and Light over where, the red is, is that what you're saying? Mr. Luft: No. Where the R-4 is. Father Gibson: That belongs to them? Mr. Rauzin: Yes. They've owned it for years already. They tried I think about 8 years ago to get a sub -station there and were turned down about 8 years ago. But actually, these people that have called up that are talking about R-C on the other side of 15th Road, they've got a situation all together different from mine because it is R-4 on all the south side of 15th Road, where mine is just wedged in between R-C and RCB. So the fact that they're asking for that, you know, shouldn't sway you one way or the other. Mr. Luft: My probelm as a planner providing advice to the Commission is that we normally draw our zoning line down real property lines, not down the middle of streets. And when you have one side of the street commercial, and the other side residential, it makes it very difficult here and in a court of law to argue that the other side of the street shouldn't have the same thing. That's%normally the way we do it, and I can see that situation emerging here very quickly. And it would put me in a problem in a court of law to argue against it if we were to grant this zoning change. Mayor Ferre: There's a motion that this item be continued. Is there a second? Father Gibson: Second. Mayor Ferre: Seconded by Theodore Gibson. Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) 33 OC I r " .:,'981 Z THEREUPON, on motion duly made by Commissioner Lacasa, and seconded by Commissioner Gibson, the City Commission CONTINUED CONSIDERATION OF THE ABOVE MATTER BY THE FOLLOWING VOTE: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo FOLLOWING ROLL CALL: Father Gibson: My understanding is we're continuing this matter... Mayor Ferre: This item will be continued. Father Gibson ... until you know what Florida Power and Light Company is going to do. Isn't that right? Mayor Ferre: That's correct. Father Gibson: All right. So the man is left out... Mayor Ferre: That's correct. 17. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 271 N.W. 29 STREET FROM C-5 TO R-4 Mayor Ferre: All right, we're on item number 13 which is an ordinance on first reading. A Planning Department application for change of zoning at 271 N.W. 29th Street from C-5 to R-4. All right, sir. The Planning Department recommends approval, the Planning Advisory Board recommended it unanimously. We don't have a quorum. We'll have to wait until Lacasa gets back. If somebody gets Lacasa back here we can move along. All right, Father Gibson. Any objectors here? All right, Gibson moves, Lacasa I assume you second it. Mr. Lacasa: Second. Mayor Ferre: Is there any discussion? Again, this has been recommended by the Planning Advisory Board. It was unanimously approved by the Planning Advisory Board. There were no objectors. Is that correct? Further discussion? Call the roll. (CONTINUED ON NEXT PAGE) 54 0 C T 2 ay81 W AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 8, 9, 10, 16 AND 17, BLOCK 11, NORTHERN BOULEVARD f TRACT (2-29), BEING APPROXIMATELY 271 NORTHWEST 29TH STREET, FROM C-5 (LIBERAL COMMERCIAL) TO R-4 (MEDIUM DENSITY MULTIPLE), BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Was introduced by Commissioner Gibson and FPr�onded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 18. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 3575 S. LEJEUNE ROAD FROM R-1 TO G-U AND: APPROVE EXPANSION OF SURFACE PARKING Mayor Ferre: All right, we're now on item 14. This is the Miami Dade Water and Sewer Authority's request to change the zoning at 3575 LeJeune Road from R-1 to G-U. The Planning Department recommended approval and the Planning and Zoning Board approved it unanimously 7-0. There were some objectors. There were four...are there any objectors present? Are there any objectors present on item 14 which is the ... would you -explain to me what the purpose of this change of zoning from R-l? Is that where they have _ their office now? Mr. Whipple: Yes. That's where the existing office is. As you know, it's been established in that manner for close on to 20 years. And what they... Mayor Ferre: How could they -have an office in R-l? Mr. Whipple: All right. This was established, as I say, probably since the City was organized. That's number one. Mayor Ferre: So in other Words, they were grandfathered in. Mr. Whipple: Yes, sir. Plus it used to be a stockyard, if you will, for water parts until it was ultimately cleaned up and converted just to office use. Their purpose, their request at this time is for expansion for parking. They have a situation out there right now where they're parking in front of the fence or in the setback landscaped area. and what they'd like to do is pave the area, landscape it within the fence so that they can have a nice looking area around the outside of the fence. -1:35 ,J01 Mayor Ferre: Okay. I assume that since they were grandfathered in, this is just a recognition of a reality which we should have done a long time ago. G-U is governmental use, is that correct? Mr. Whipple: Yes, sir. This is a relatively new zoning classification, as you might remember. Early zoning when the City awned the water system and applied the zoning, you could put a-nunicipal use in any zoning district after a public hearing so we just left the zoning R-1 at that time. Now we have this new vehicle, governmental use, and feel that's the appropriate way. They cannot expand the facilities unless coming before the Planning Advisory Board and the City Commission which is exactly what they are doing now. i Mayor Ferre: Very good. Is there any ... how about the neighbors. All those people in red that were objecting to it? Have they been calmed down? Do they understand? Are they in agreement? Mr. Whipple: There is some objections, but evidently to the best of my memory, nobody showed up at the Planning Advisory Board hearing and there was no indication on the cards they returned why. Mayor Ferre: You're not an objector, you're with the... Mr. Jim Kogel: Yes, Jim Kogel, Chief Engineer with the Water and Sewer Authority. As we look at this, we have no advantage going gu othen than we're cleaning up paperwork. It has been used as a government facility, the original Coconut Grove Water Treatment Plant was on that site back in 1925, and its been used, the City of Miami Water and Sewer Department built the building on there initially, and that's the state of it. I just learned today there were four objectors. Those four objectors, evidently a card was sent to them to approve or disapprove. They circled disapproved. Mayor Ferre: Would you do me a personal favor? Would you make sure that somebody from... tell Garrett that I think it's important enough that somebody from the department go and knock on those doors one by one and have a little chat with those people. I'm going to vote with you but with that condition and understanding with you, and you pass it on to Garrett. I'm sure you can speak for him on that. Is that a commitment from you? Mr. Kogel: Yes, sir, no problem with that. Father Gibson: Mr. Mayor, he ought to explain to the people that the change of zoning is just a formal thing that what's happening is you're doing what the zoning would permit them to do anyway. You're doing it now. Mr. Kogel: Yes. Same zoning requirements as I understand it. Setbacks are the same. Father Gibson: The difference is... Mayor Ferre: We're making them legal. Father Gibson: You're making an illegal act legal. That's what you're doing. Oh yes. That's right. Because you don't have the right to do what you're doing there now because it isn't zoned that way. That's why you're here now. (INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD) Father Gibson: Maybe ;you're grandfathered in. Only to a certain extent. You now will extend. You will extend. That's what that means. Mr. Kogel: That's why we're here today, yes, sir. Father Gibson: Let me tell you, I didn't intend to say anything about it, but you know, history has a way of doing it to us. Ask anybody. I know about that piece of land and I don't want to bring it up now. And I want you to go in peace and sin no more, but we want a commitment that you're going and tell those people, and explaning to the people. Say look, we �6 CST �� L,-,J, +,90a1 —�' Father Gibson(continued): aren't doing any more after this change than we're doing presently. That's what you have to say to them because if you don't... you saw a man on cruthces this morning. A man here this morning spent all of his morning waiting for this item. He was unalterably opposed to it. I don't know if you knew that. Mr. Kogel: Oh yes. Father Gibson: He came up and talked with me. I know the man. Right. And I want you to know that the people have some real gut reaction and feeling - about that based on the past performance of the many Commissioners who sat in this capacity in years past. So that you might spare some of the anguish for us, you go and knock on those doors and explain to those people. And by the way Mr. . What I want you to do, I don't want you to go to only the white folk who are across the street from you on this side. I want you to go to those black folks who are affected far more because there's a steet IN between you and those white folk. There's no street between you and those black folk. And remember, your gate opens up into Carver Junior High School. Isn't that right? Mr. Kogel: That's right, on the access road. Father Gibson: Sure it is. Oh yeah. I know that like I know my name. So I'm going to ask the people down there, and I want to promise you if you haven't done it, if I'm not on the Commission, I'm going to come back here and pester the Commission. Okay. Let's make sure. Mayor Ferre: Now, is there a motion, therefore, with the conditions as stipulated on item 14... Father Gibson: Move. Mayor Ferre: Gibrion moves, is there a second? Mr. Lacasa: Second. Mayor Ferre: Se.:onded by Lacasa on first reading, Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 3575 SOUTH LEJEUNE ROAD, BEING TENTATIVE PLAT #937 - "MIAMI DADS WATER AND SEWER AUTHORITY SUB", FROM R-1 (ONE FAMILY DWELLING) TO GU (GOVERNMENTAL USE), AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE Was introduced by Commissioner Gibson and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe CArol,lo (CONTINUED ON NEXT PAGE) PW 37 OCT 2 'i381 r C. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Ferre: All right. Now there's resolution which is needed. Father, do you want to move that one? Father Gibson: Yes, sir. Mayor Ferre: Father moves the resolution, Lacasa seconds. Further discussion? Call the roll on the resolution. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-912 A RESOLUTION GRANTING PERMISSION TO EXPAND AND OPERATE THE EXPANSION OF SURFACE PARKING IN CONJUNCTION WITH THE MIAMI DADE WATER AND SEWER AUTHORITY ADMINISTRATION OFFICES LOCATED AT APPROXIMATELY 3575 SOUTH LE JEUNE ROAD, BEING TENTATIVE PLAT #937 - "MIAMI DADE WATER AND SEWER AUTHORITY SUB", PER ARTICLE XXI-2, SECTION 3, OF ORDINANCE 6871; ZONED GU (GOVERNMENTAL USE); RECOGNIZING THAT THE USE IS (a) COMPATIBLE WITH THE SURROUNDING AREA, (b) CONSISTENT WITH PLANNING FOR THE AREA, (c) READILY ACCESSIBLE, (d) NOT ADVERSE TO SURROUNDING PROPERTY, (e) IN SCALE WITH THE NEIGHBORHOOD, (f) ESSENTIAL TO PROPER USE OF THE STIF; AND RECOMMENDING FURTHER THAT THE DESIGN OF PARKING LOT IMPROVEMENTS AND LANDSCAPING BE SUBJECT TO SITE AND DEVELOPMENT PLAN APPROVAL BY THE PLANNING DEPARTMENT (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo I 19. DISCUSSION ITEtd: CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BOULEVARD AND N.E. 2 AVENUE (TENTATIVE PLAT #1118 - EXECUTIVE PLAZA (SEE LABLE 25 SAME MEETING FOR CONCLUSION) Mayor Ferre: Take up item 15. This is Ronald Fieldstone, TR for the vacation and closure of N.E. 31st Street between Biscayne and N.E. 2 Avenue as a condition for approval of the tentative plat 1118, Executive Plaza. This item was previously deferred. The Planning Department recommended approval, the Zoning Board recommended approval unanimously 6-0. There were two objectors. Are there any objectors present? Any objectors to item 15? Father Gibson: Mr. Mayor, I'm not an objector other than I'm a Commissioner. You know how I am. I'm opposed to giving away City land to people to feather their nest. I don't know if you all understand what that means. Well I trust Jesse understands it. If you all don't understand it, he understands it. I want to ask the staff, I want to ask the entire staff what are we getting? Mayor Ferre: As you recall, Commissioner Gibson and Plummer, I think both, brought up the whole area of reciprocity of what when we close off an alley we usually get something in return. And as 1 recall, the Commission, and I specifically instructed the administration to give us an evaluation of the value of the property that we were giving up by closing that, and what the, you know, give and take of it was. Mr. Gary: The value at this time, is accessed at approximately $200,000. But I think the applicant would like to make some comments with regard to that. Mr. Jesse McCreary: Mr. Mayor, members of the Commission, my name is Jesse McCrary, 3050 Biscayne Boulevard. I understand this matter was deferred at the last meeting, and Commissioner Gibson, we have taken in consideration your concerns about what the City receives in exchange for closing the street. I'm here to report that we propose for that, to produce a pedestrian mall with limited car access to business related activities, parking and emergency vehicles for the City of Miami. That is Fire, Police, Water and Sewer, Florida Power and Light, and any other vehicular travel that needs to go through that street for the protection of life, limb and the public safety. In addition, we propose to give to the City benefits in the amount of between $200,000 and $300,000 in terms of beautification for that area. What we'd like to do is to work these details out with the City Manager and then come back to this Commission for its approval of what we plan to give to the City. Father Gibson: I hear what you say. You know, this is like a matter we took up this morning and I'm not always knowledgeable and I learn. I want the staff to answer this for me. If I vote today and right now, how binding or what can I exact? You see, if I don't vote now he would have to put it on the paper and you will have it to say well this is what you promised. If I vote now ... you remember what that argument we had this morning? Counseller, didn't you tell us this morning? What did you tell us this morning? Mr. Percy; I believe your're referring to what commitment the City could exact after the vote had been taken. Father Gibson: Amen. Mr. Percy: And the conclusion was that very little. Father Gibson: Right. Now, the fact that I raise this questions, Mr. Mayor, I just don't think the staff pays us very much attention sometime. The fact that I raised this question, seems to me that you all should have had them right or had a plan to come here and submit to us so that we would know 59 OCT 2 21981 1 j� 3i Father Gibson (continued) we would know what we are getting. Mayor Ferre: In addtion to which you have a precedent. Because, for example, in the closure of Rice Street you know exactly how we went about that. The value of what was given up was established at $600,000. There was a commitment made by the property owners that along with the improvements they were going to spend $600,000 in the immediate improvements around that immediate area. ' Mr. Gary: Mr. Mayor, Mr. McCreary came and talked to me about this matter and he said that he was willing to proffer, or his clients were willing to proffer a covenant that would do one of two things ... woudl do two things. First of all, if you recall, the closing of Southeast for the pedestrian plaza where we had limited access to that area from 9:00 to 4:00 o'clock and from 7:00 to 9:00 in the morning and 4:00 to 6:00 you would have access for traffic to come through, that he would be willing to do that, simultaneously, that he would be willing to convey $300,000 worth of improvements. 300,000. But that he did not want to proffer the specifics because he wanted to give the City the opportunity, and the Planning Department to participate in the planning of those improvements as opposed to them doing it for us and thereby giving us the black olive trees. Mayor Ferre: Has that been done? Mr. Gary: No. He said he's willing to do that, but he wanted to get the approval from the City Commission. Father Gibson: Well let's take the... let's take the sum of money for the improvement. Let's say that you will give us the improvement in the amount of. And that any and all improvements must be done with the approval and sanction of the staff of the City of Miami. That's fair enough. See, I think if we do that then you just commit yourself here and go right, you know, you're going to volunteer that. Mr. McCreary: What we said, and let me respectfully, as I understand it, the value of the street is somewhere between 200,000 and 250,000. I would suggest to you, Commissioner, that a fair value would be the value of the street. Father Gibson: Yeah. All right. Mayor Ferre: All right, as I understand, we're talking about $300,000. Is that correct? Mr. McCreary: Mr. Mayor, what I said was between $200,000 and $300,000. We've now established that the value of the street is somewhere between. Father Gibson: You'd better stick with your 3. Mr. McCreary: I read the sense of the Commission. (LAUGHTER) Mayor Ferre: That is the smartest attorney that I've seen here all day. You're all right. Man, you're all right. You've got yourself a good attorney. Father Gibson: I'm willing to offer a motion to accept your offer in the amount of $300,000 and that any and all design or improvement, whatever you call it, be subject to the Planning Department and the City Manager. In other words, we don't want you to go off doing your own thing. We want to make sure the City has some controls. Now, if you would write that up and bring it back before we leave, and it shouldn't take all these professionals more than a half hour to do all of that with him, let him sign it, bring it back. You have my commitment for that vote. Can't get it any quicker and better than that, brother Jesse. Mayor Ferre: You heard the...do you want to do that in a motion? Father Gibson: Yes, sir. the motion is that we accept the proposal of $300,000 subject to any and all designs or renovations to be approved by the Manager and the staff. 60 00 r .1981 : u 1 i i { i i Mayor Ferre: All right, I only have one question. I've got a question. I've got a question from the administration. This is an existing street, isn't it? Father Gibson: Yes. Mayor Ferre: We're actually closing a street. Now I've seen us close alleys but I've never seen us close a street except for a high school one time. Now, has Dade County approved this? Traffic? Mr. Whipple: We have a letter from Dade County Department of Traffic and Transportation back when this item initially started through the platting process which requires the public hearing for street closure. The first paragraph, I believe..."This Department has conducted traffic enginnering survey of the area, 31st Street between Biscayne Boulevard and N.E. 2nd and finds that the proposed closing of the street would not adversely impact the surrounding area." We have closed other streets, yes, Mr. Mayor. Mayor Ferre: Have we ever closed a street in the past before for somebody to come in and build a project? Mr. Whipple: Yes, sir, we have. Mayor Ferre: And you, the Planning Department believe that this is in the best interest of the City? Mr. Whipple: Yes, sir. We believe that this property be put back in the tax roll as we have questioned the true value with respect to traffic which Dade County Traffic is supporting in their report, that this land could be better utilized. Mayor Ferre: You know this sets a precedent. If somebody else comes and wants to do the very same thing three our four blocks down and wants to close a street. Mr. Whipple: You've all asked us, along with the City Manager, to review these policies and perhaps come up with criteria or some other procedures, but just to relieve your mind, we have done it in the past, and perhaps, we want to establish that it shouldn't be done anymore. But that will evolve through the request that you and the Manager have made. Mayor Ferre: All right. We have a motion by Theodore Gibson. Is there a second to that motion? Mr. Lacasa: I second. Mayor Ferre: Okay. Now is there anything else that needs to be said on this item? The way we're going to do this, as I understand the motion, is that we're going to do it the same way we did with Southeast which is 7 to 9 and 4 to 6. So that when there is traffic in the area they'll be able to go through. Is that correct? Mr. McCreary: Mr. Mayor, I didn't get that was what we were going to do. Is that the Commission's motion? Mayor Ferre: See, when Father Gibson made the discussion of the precedent being Southeast, is that you're intention? Father Gibson: Yes. You see, that's why you have the pedestrian business of cut-off and all of that. I would hope. Mayor Ferre: Let's make sure we understand what we're doing here. Mr. Percy: Mr. Mayor, once the right of way here, the street would be closed. The City would...it would not longer be a public street at that point, so the traffic hours and what not could not be regulated by the City. I think the applicant was proffering to have access to that area for public emergency equipment should it need to service the property. But the Southeast situation was different because the public street was retained. 6", P Mr. McCreary: Mr. Mayor, what we propose is that the City emergency vehicles, or any other vehicles that have to come through there in terms of sewer, utilities, fire, police, anything for public safety will still have free access to the street. Mayor Ferre: I see. Well in other words, you're not going to build anything over that property. Mr. McCreary: No, sir. No,sir. Mayor Ferre: Well, we have a motion on the floor and a second and thats been clarified, legally, that what we are talking by vacating is the closure of the street. So it won't be used from 7:00 to 9:00 and 4:00 to 6:00. Is that acceptable to you? . Mr. :1cCreary: Mr. Mayor, the street deadends. Mayor Ferre: Where does it deadend? Mr. McCreary: It deadends at N.E. 2nd Avenue. Mayor Ferre: I see. Mr. Lacasa: So there is no traffic that can go through. Mr. McCreary: There is no traffic beyond N.E. 2nd Avenue. None at all. Mayor Ferre: Well why isn't it marked as a deadend there? Mr. Whipple: Well that services the property, but it does deadend at the railroad there. So the only traffic you have beyond 2nd, which Mr. McCleary was trying to point out is that of the property that fronts on that little segment of it beyond... on the west of 2nd. Father Gibson: Mr. Mayor, what he isn't telling you is the same street opens up to Biscayne Boulevard. Isn't that right? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Father Gibson: Take the mike. Mr. McCreary: I believe the blue areas as depicted by the staff there, both are owned by the Fieldstones. On both sides of the street. Father Gibson: We understand that, but you don't own the street. Mr. McCreary: Yes, sir. I understand I don't own the street. Father Gibson: You don't own the street, and what I'm telling this Commission is something I've said all along since I've been up here. Unless you walk over that land you cannot fully appreciate. Let's talk about the railroad track that the staff just talked about. When you hit the railroad track, you can't go any further west, but you doggone sure could go all the way east to Biscayne Boulevard. Mayor Ferre: That's right. Father Gibson: Right. A lot of difference there. Mr. McCreary: Yes, sir. Commissioner, may I point out to the Commission that the only people presently who use the portion that we are talking about closing are people who do business with the office buidings on the one or the other sides of the street. I... Father Gibson: I'm not so sure of that. Mr. McCreary: Public access...well, there is no other business entity within the block. The applicant here owns both sides of the street from N.E. 2nd Avenue to Biscayne Boulevard on both sides of the street. And the traffic that comes there is traffic directed to the businesses there. 62 OCT a 21981 4 4 Mr. McCreary (continued): The concern about beyond west of N.E. 2nd Avenue, I think that the staff would report to you that that portion is a parking lot or a place where a warehouse is located, only for an establishment that's on the west side of N.E. 2nd Avenue and does not entail these properties at all. I would suggest, Commissioner, finally Commissioner Gibson, I would suggest that we may... that there will'be access for pedestrians through there. No one is stopping a pedestrian from coming through there at all. Father Gibson: I want my fellow Commissioners to really hear what I'm saying because I don't think they understand. When you get off 2nd Avenue, when you get off N.E. 2nd Avenue, you either turn if you're going north, you turn right, and you keep straight out that street and you go to Biscayne Boulevard. If you're going south on N.E. 2nd Avenue, you turn left which would be eastward and there's no where else for you to go but hit Biscayne Boulevard. I was all right until the Mayor said are we willing to give up streets. In the past, we've given up alleys. Let me tell you this. When you give up that street, you make accessable...accessiblity to the public lessen. The staff ought to tell you that that's what is going to happen and that's what is happening now. I was out there as late as yesterday. Isn't that right staff? No, no. Put all the staff people up there so that if Gibson is lying and doesn't know what he's talking about, you stand right there and say he's lying. He doesn't know what he's talking about. You have my permission and I won't feel bad. Isn't that right? Mr. Whipple: Commissioner, the statement generally is a correct statement. What has to be assessed is to what degree, and whether this degree is of a magnitude that would overshadow let's say the benefits that might be derived through the street closure. The access, for instance, if you take it in a narrow basis, the access relates to all the area in blue as the primary generation for that area because that's immediate. Now then the question is you're suggesting the amount of convenience with respect to local circulation beyond the blue area which is what has to be weighed. Now we rely upon traffic considerations and comments by Dade County traffic plus what we feel about land use and utilization of land. So what we're saying that we do not believe that to the extent that you might be suggesting that it shouldn't be closed. We believe there will not be any harm and that there will not be an adverse impact with relations to traffic circulation. For instance, we go one block or two blocks north, we find a signalization at Biscayne Boulevard and 33rd Street. Now for the convenience and the safer movement of traffic, it would be more logical, let's say, for somebody that wanted to get over to the boulevard, to go to a signalized intersection such as 33rd, let's say, then perhaps this street at 31st. Or they would have the option of 32nd or other streets. So, you know, generally this is what Dade County traffic was addressing their recommendation as they didn't feel it would be a problem. Father Gibson: Mr. Whipple, you know, I get amused. Those of us who have seen this City grow and grow end grow, should not forget. I could understand why some of you may not even know. But I tell you that if you are new here, or if you look at the future, when you have a street anywhere traveling on the street, you expect to be able to turn off. And the proof of the pudding is when -they sub -divided that land they put a street there. All you have to do —and to tell me that all the traffic is generated in the blue, you have more than the blue. You have that piece over there in yellow, you have all of this over here in yellow, and you have those on the other side of the blue and in yellow and red. Now I saw it yesterday so don't tell me. And all the people who come off Biscayne Boulevard will turn there, and all the people who come off 2nd Avenue will turn there. Mr. McCreary: May I offer a compromise to this discussion? One, let me point out that the applicants also own tract "A" of the property that is not in blue. That property is owned by the applicant also. Let me offer a compromise. That we will maintain the street, allow public vehicular access during the rush hours from 7 to 9, and from 4 to 6, public access to emergency vehicles, that is, we own the street but there is an easement given to the City and we will maintain the street. Father Gibson: I'll buy that plus I want the other. q 63 OCT r: i 1�5� Mr.McCreary: Well Commissioner, let me, reasonable as I know the Commission can be, if there is that public access 7 to 9 and 4 to 6, I would respectfully urge then that the Commission not hold me to that previous figure. A little give and take. Father Gibson: Well what is the figure now? You see what I'm trying to tell you?_ Mr. McCreary: Commissioner, I'm not running away. $100,000 to $200,000. Father Gibson: I'll... Mr. McCreary: The Manager has said 200,000 and... Father Gibson: I'll go for 2 and I want it... Mayor Ferre: Gibson, you're all right. You're a good bargainer, Ill tell you. That's all right. Father Gibson: That's the way I win souls. _ Mr. McCreary: Mr. Mayor, I've been before this Commission a number of times. I know when to hush. Mayor Ferre: All right. Let me see where we are. Where we are is this, that the applicant has proffered voluntarily to maintain N.E. 31st as if it were a public right of way at its own expense, and open it for public access from 7 to 9 and from 4 to 6 during work days. Not on weekends. I understand. Mr. McCreary: Yes, sir. Mayor Ferre: Is that right? And that in addition to which there will be improvements in the immediate area to be negotiated specifically with the administration up to an amount of $200,000. Is that correct? Father Gibson: I'll buy that. Mr. Gary: One other thing. He offered also to maintain the road according to Public Works standards. Okay. Public Works standards. Mr. McCreary: I didn't mean to leave that out, Mr. Gary. That's certainly true. Father Gibson: I move. Mayor Ferre: I put that in the motion. It's already in the motion. Father Gibson: Yes, sir. It's got to be according to Public Works standars now. I'm not worried about his standards. Mr. Gary: Mr. Mayor, may I suggest befor you vote that Mr. McCreary, since he made this offer verbally, I'm sure he'll want to put in a covenant and he could do it in the next 15 minutes. Father Gibson: Oh yes. Mr. McCreary: I have no objections. Father Gibson: Mr. McCreary, I'm not the Mayor, I just happen to be the Commissioner who is arguing... Mr. McCreary: But a very strong Commissioner. Father Gibson: I'll tell you what you do. You go in there and get any secretary, you know, with a typewriter and necessary paper and you get it all done and signed with the Manager and all that, and have Mr. Ongie to seal it and bring it back, and the motion is ready to go. Mayor Ferre: Jesse, why is he laughing so much? What's he laughing about? 64 , Mr. McCreary: He just made the City a lot of money. Mr. Mayor, I just want to clearly understand that we will be giving an easement back to the City for that access. Mayor Ferre: Yes, sir. Well now, I think I kind of like this 3 member Commission because there's no other way to go but together. All right. Now you have your 15 minutes and we will then ... I guess that's what Father's saying. Father Gibson: You go ahead and we'll pass the motion Mayor Ferre: Then we will come back to it as soon as you have your typed item. Father Gibson: Right. (AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED) 20. VACATE AND CLOSE ALLEY - 1690 SOUTH BAYSHORE LANE, INC. TENTATIVE PLAT #1122-A PAWLEY DEVELOPMENT CORP. PLAT Mayor Ferre: We're now on 16 which is an application by 1690 South Bayshore Lane, Inc. for the vacation and closure of the alley at 1690 South Bayshore Lane. All right. The Planning Department recommends the approval, and the Zoning Board recommended approval 5-0. There were 8 objectors. Are there any objectors present now? Okay. Now this is South Bayshore Lane. Where are we in this? Mr. Whipple: The yellow portion, Mr. Mayor, is the existing alley that they wish to close. Not actually close it, what they ar going to do is they are going to relocate it to the northerly side of property —southerly side, I'm sorry, and put it in the terms of a pulbic easement and perhaps the attorney... Mayor Ferre: Where is South Bayshore Drive from here? I see, okay. And is that 17th that comes in there? Father Gibson: That goes into the water. Mayor Ferre: Where's 17th? Is that 17th? Father Gibson: That's 17 there. But where the property is as if you were going out to the water. Mayor Ferre: Yes, yes, I see it. Where is Fair Isle in comparison to that? Father Gibson: Over to our left. Mr. Whipple: Going down off the map here. Mayor Ferre: The bridge is to the left? Father Gibson: Yes. Mayor Ferre: All right. � 5 OCT 22 i�C� 4P e Mr. Cliff Shulman: Mr. Mayor, members of the Commission, my name is Cliff Shulman with the law firm Greenberg Traurig representing the applicant. Mr. Whipple correctly has protrayed the situation. We have two parcels of property, Mr. Mayor, zoned R-4 that could sustain approximately 40 units of residential housing. Our architect has designed, if we combine the two lots, 20 units of housing rather than the 40 in a much more architecturally pleasing way. Our problem is there is a. storm sewer in the 10 foot right of way splitting the property. We've met with the City, we've said to them, what would you like to see from us so that we can lower the density on this site. They've asked us, excuse me, we have volunteered to move the City's 10 foot easement to the South and expand it ., to almost double the size and make it 18 feet in its size. We have also agreed to restructure the storm sewer where there have been some problems t with it. It is a direct discharge into Biscayne Bay. And as you well know, that is not... Mayor Ferre: I think that there's no question that what you're giving is a lot more than what you're getting and it... Mr. Shulman: May I respond then to the objector at this point? Mayor Ferre: In addition to which, I would much rather see 20 units there built rather than 40. So, okay. Mr. Shulman: Secondly, we have also taken Commissioner Gibaon's contstant admonition that reasonable people should reason together, and we've met with the people in the sub -division around us and we've attempted to meet their needs also. So in our tentative plat we also have a 20 foot easement for the sub -division which will be at our north boundary line .so that our neighbors, we can all be good neighbors, will can a continued access to look.and see the bay. We've met with Mr. Cowan, representing, the attorney representing many of the objectors, we have met with Mr. Bruce Reep who is here, we have sketched out a letter of agreement. Mr. Reip has basically said, and he will say again today I hope, that he does not want to dealy us, he wants us to go forward. We will finalize, dot the 'i" and cross the "t"'s prior to final plat approval and those objectors do not have any objection to our going forward today. So hopefully, we've tried to meet all peoples needs and our own, of course. Mr. Reid: Commissioners, Mayor, my name is Bruce Reid and I live at 3530 East Fairview Street and I did lead the opposition and I am very proud to say that the Pawley Development firm has been very cooperative and worked very nicely with the neighbors and the main reason I am here today is to make sure that at least our negotiations arg understood. It is said here by your Planning Board that they are recommending it upon us finalizing our negotiations. Okay and I am just saying that I am very happy that also we will only have 20 units. And the one other thing is that the,even if they are talking about Mayor Ferre: Could you put your full name and address in for the record so that we can memorialize this? Mr. Reid: Yes, I did ....... that the city's, the 18 feet that they are getting that is basically a utility easement, and not a public, so that the neighbor- hood doesn't turn into where we have thousands of shrimpers and everybody else coming into the neighborhood and that the other 20 foot easement for us is a private easement. Mayor Ferre: Yes sir. Put your name.. Mr. Reid: Bruce Reid, 3530 East Fairview Street. Mayor Ferre: Very good. Thank you, and that is a job well done. I think the community always benefit when the people in the neighborhood take that type of interest and when we have a developer like Charles Pawley that has the kind of vision of improving properties. Very good. Okay, you want to move it. Father Gibson: Yes sir, I move it. Mayor Ferre: Gibson moves, Lacasa seconds. Further discussion on Item 16? Call the roll. The following resolution was introduced by Cornnissiorer Gi'-son, who roved its adoption: RESOLUTION #81-913 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING THE PUBLIC USE OF THE ALLEY LOCATED BETWEEN LOTS 3 AND 4, BLOCK 3, FAIRVIEW SUBDIVISION (4-176), BEING LOCATED AT APPROX- IMATELY 1690 SOUTH BAYSHORE LANE, FROM THE EAST RIGHT-OF-WAY LINE OF SOUTH BAYSHORE LANE TO BISCAYNE BAY, FOR A DISTANCE OF + 200.2' AS ONE OF THE CONDITIONS FOR APPROVAL OF TENTATIVE PLAT #1122-A-"PAWLEY DEVELOPMENT CORP. PLAT" Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre , NOES: None ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 21. UPHOLD DENIAL OF VARIANCE FOR FENCE HEIGHT: 2578 LINCOLN AVENUE Mayor Ferre: Alright, we are on Item 17, which is Arnold Gelbman's appeal of the Zoning Board's denial of a variance for frnce height. 67 OCT � W1 z Mr. Whipple: Mr. Mayor, two things on this item. You might remember that Commissioner Plummer requested a deferral so that he could view the site. Secondly, I received a telegram for some reason addressed to me this morning. "Please be advised that Mr. Gelbman did not receive notice until 3 days ago and also his attorney cannot be in town. Mayor Ferre: Is there anybody here that objects to this being continued, because for two reasons, first of all, he evidently he didn't receive proper notice, at least he said he didn't. Mr. Perez: Mr. Mayor.... Mayor Ferre: And secondly, even if he got proper notice, Commissioner Plum- mer is the one who requested the ability to go see it. Mr. Perez: I would like to state for the record, Mx. Mayor, that we a certified return receipt that the letter was received on October 13. Mayor Ferre: What is the date? Mr. Perez: Today? The 22nd, sir. Mayor Ferre: The 22nd? Mr. Perez: It was received on October 13th. Father Gibson: And what is today's date? Mr. Perez: The 22nd. Father Gibson: Well, you know...I could understand, I could understand his wanting us to defer con continuing, but I am not going to buy that argument if you have a receipt. We aren't going to let the public do that to us. And, let me say this, I may not be here when it comes up. I am unalterably opposed to all those tall fences all around in the Grove. It is just a convenience to hide that which is not legal and right and good. Now that is a serious indictment to make. I maintain that you ought to keep the law. The law says the highest you can go is what? ,,,six feet? Eight feet. Alright, go eight feet. You know we have had that here several times. Peo- ple right adjacent to each other want to form all this high business. What do you have to hide? Mr. Mayor, Mayor Ferre: Yes sir. Father Gibson: They don't have the legal ground to ask for postponement. No. 1, he has... look that is why you spend the taxpaper's money. Mayor Ferre: That's right. Father Gibson: And if this were the 3rd and here it is the 21st.,22nd. Mayor Ferre: Go ahead, make a motion. Father Gibson: I move that ... how do I deny? Mr. Whipple: Mr. Mayor, I just want to point out the second part of the telegram which I just read in for whatever you want to do with it, did say that the attorney for the applicant also is out of town. I just want to point it out. Father Gibson: Well, look. I hear that. Let me tell you something ' If he couldn't be here, the attorney could be here, and if the attorney couldn't be here, he could be here. I think people have to understand that when they come before this Commission, this is serious business. Now what do we do? My position is I don't want him to keep that fence there. Mayor Ferre: In other words you agree with the Planning Department and disagree with the Zoning Board who want to —oh, I'm sorry, you agree with the Zoning Board, because there was a 3 to 2 vote against the fence, is that right? Is that correct? Mr. Whipple: 3 to 2 for it, but it failed to have a majority to make it an approval. It actually went down as a denial. 68 OCT 2 � iJ81 i Father Gibson: So it was a denial. Mayor Ferre: In other words, your motion is to uphold the denial. Father Gibson: Yes sir. Mayor Ferre: Alright, is that correct? Lacasa seconds. Further discussion? Call the roll. The following motion was introduced by Commissioner Gibson, who moved its adoption. MOTION NO. 81-914 A MOTION OF THE CITY COMMISSION UPHOLDING THE ZONING BOARD'S DENIAL OF A VARIANCE FOR FENCE HEIGHT AT 2578 LINCOLN AVENUE. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: I AYES: Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mr. Gibson: I think we have to let people know that the City of Miami isn't going to be in any canyon.. 22. FAILURE OF APPEAL FOR SALE OF LIQUOR: 5249 S.W. 8 STREET Mayor Ferre: Now we have Item No. 18. Is Item No. 18 here? As you recall, this is..didn't Mr. Plummer want to be involved in this? Father Gibson: I've seen this, I just believe that these people knew when they bought that property, they knew that there was another establishment near it. Mayor Ferre: Alright, Lacasa, make your motion Mr. Lacasa: Mayor Ferre: Well, that is up to Gibson now. Father Gibson: No, I want to go through. Who are the applicants? Henry Amoon: I am here on behalf of the applicant. My name is Henry Amoon. of the firm. of Madison, Amoon, Watley and Tucker Father Gibson: Alright, let's proceed, Mr. Mayor. Mr. Perez: Mr. Mayor, we have some supplemental material that we received I believe it was yesterday, or the day before and was distributed yesterday in regard to the concern of the neighborhood. Mayor Ferre: Alright, the supplemental material on Item 17. Mr. Perez: Item 18 sir. Mayor Ferre: This is a letter signed by Mrs. E. E. Estrea and signed by a whole bunch of people in that area, is that correct. What is the supplemental material. He made a statement and he didn't clarify it. 69 OCT 2 21981 C U Mr. Perez: Okay, it is a material, Mr. Mayor, . That's the supplemental Mayor Ferre: Oh I see, you are just pointing out that we have it in our pocket. Mr. Perez; Right, because this arrived too late to be delivered with the package and I.. Mayor Ferre: Just so there is no question about it, I will read into the record this is "Gentlemen, this is in reference to the above and to my letter of September 21 as per attached copy. We wish to let you know that the situation has not changed as far as the neighbors are concerned and if any- thing it has worsened. On 3 occasions since my last letter, the police have had to be summoned to the bar.in the early hours of the morning. This can be checked through police records. The owner has approached one of the neigh- bors offering to use his influence to get him official no parking signs from the City. The property owner replied that the parking all around his house by patrons of the bar was a hardship and nothing compared to the drinking and the brawling that went on over there and the general problem that we were always encountering from the drunken patrons of the bar. I am told there is a lady owner, a Patricia's Beauty Salon, located at 5241 S. W. 8th Street, next door, or two doors from the bar who has been canvassing the neighbor- hood, trying to drum up support for this variance. What few people understood was, she is a personal friend of the man trying to acquire this variance and what is more she runs a business with a capitol "B", whatever that means. Which means that at 5 or 6 P.M., she and her customers and her employees go home while we who live in the neighborhood.... Oh, its a daytime business... Oh, okay, who live in the neighborhood are faced with the all night drinking that goes on over there and the ensuing problems. If over the years this bar, dispensing only beer and wine has been such a headache to this lovely neighborhood, what is going to happen when they are allowed to sell hard liquor. We beg you to take the above into consideration when making a decision. It is a shame that everyone has to work and most of us will not be able to be present to submit our circumstances personally, but surely this letter, plus the one of September 20th with signatures and addresses of affected tax paying resi- dents of this area should serve as an indication of how we all feel about the variance. Thank you for your kind consideration. Most sincerely, Mrs. E. E. Fctre Caneda". And then there is a whole bunch of signatures and I will submit it into the record. Mr. Amoon: In response to that, because I have just been made aware of this, Mr. Mayor. In response to that I want.the Commission to be aware of the fact that I had previously submitted some 84 names of addresses of people who live and work in the area, and I have 50 more names for a total of 134 that I would like to submit to the Commission and then I would like argue. Mayor Ferre: Okay. Let the record reflect that there is a position that says "We the undersigned are not opposed to the City of Miami granting the Corporation a variance to permit to operate an establishment with the sale of liquor for consumption on the premises located at 5249 S. W. 8th Street further provides that said business otherwise operates lawfully and in a clean and orderly manner. Mr. Amoon: Now Mr. Mayor, I would like to point out to you as well as the other members of the Commission that we are not seeking a rezoning, the zoning is proper for what we have asked for...We are not seeking a variance from a church or school. We are located at sufficient distances from churches and schools. The only problem, and the reason that we are here today is that we are not 2500 feet from a competing business; we happen to be 1590 feet from a competing business. Now, I know Rev. Gibson's position on people who seek changes or variances from the City, but I would like to argue in this fashion. First of all, there is nothing illegal about a business, whether it be beer and wine or whiskey. The way, the method in which the business is conducted could become offensive, even within the law. I think that is what the City Council should be most concerned. We are a legal business. My client has been operating a beer and wine business there without any problems with the police or the beverage department, and I think you can all take basic know- ledge of the fact that they do investigate, and investigate thoroughly. But he can't compete as a beer and wine, he just can't make it there. His life savings happened to be invested in this business. Now, what you should be concerned with, and properly so, is what kind of a place are we going to A OCT 2 JC allow. We have a beer and wine business there, you can't take that away from us. We are asking for a whiskey license. The man bought a whiskey li- cense. ,Admittedly perhaps he should have investigated the whole thing before he did so, but he didn't. He didn't have the knowledge, he didn't realize it. That is the reason he hired me, to try to save his backside. Now, what are we asking for. We are asking for a variance of some 900 feet from a competing business, not a church, not a school, from a competing business, one single competing business. We have submitted the names of 134 people who are not opposed to this, assuming it is run in a fit and proper manner. Now, I will tell you what I would like to do and I think it is very fair, and I ask you to seriously consider this. If you give us the variance I am willing to voluntarily submit to the City that what I think is probably the most offen- sive type operation, would never be conducted there, and that is girly dancers, topless, bottomless, or otherwise. I am prepared to submit that this variance, if granted be conditioned upon, voluntarily submitted by the applicant that there will,never be any such type of entertainment Mayor Ferre: Is that legally binding? Mr. Amoon: It is binding I believe, Mr. Mayor, if I offer it unsolicited by the City. Mr. Knox: He is making a voluntary proffer in the nature of.. Mayor Ferre: Then if it were to pass here, that would be part of, that would be a covenant. Mr. Knox: A covenant running with the land.. Mr. Amoon: Let me make this comment, and please don't consider this as a threat. My client has the right to put in girly shows now, but that is not the operation he wants. He wants to make a very subdued, quiet neighborhood lounge. He wants to be able to compete. He wants to be able to recoup his life savings. Give us the variance of some 900 feet, accept my voluntary condition that it will never be a notorious spot, and I am prepared to say that if it ever comes before this Commission, that we have violated this, you can forthwith terminate this variance. I don't know what else I can say. Now Rev. Gibson, I know your feelings on variances, but you have the duty to consider variances. You should not respectfully, close your mind to same. Father Gibson: Oh, what you don't know is that I've been one staunch supporter of variances around here, providing, providing, I don't plan to take that man's right, and make it a privilege of yours. That is of your client.Along with the fact that I think we who yet live in the City of Miami have a responsibility to maintain a certain amount of integrity and atmosphere in this city so that all of the people won't leave and go out in the county. Now, don't tell me about that street, I was out there, I saw that beauty parlor business and if you could have cally,girls and all that where you are there now, I am not going to stop you hustle that way, but I am not going to vote to let you sell no liquor out there now. You don't have that right. That is a privilege you want to get. I maintain that we who sit on this Commission need to make the streets of the City of Miami as safe as humanly possible. And I can read and listen to the radio and watch television, the things that are happening to law enforcement agencies I'm not going to jeopardize their lives. Mayor Ferre: Mr. Amoon, let me tell you where you are at. There are 3 members of this Commission and obviously you do not have 3 votes on this Commission. Now I see what you are asking for, frankly becaust 8th Street has changed, and it is such a different type of a community. I think, and since we are not talking about a church or anything like that, you know I have a different view of it, but we are all entitled to our different, to our respective views. You don't have three votes here, so I don't know what to tell you other than if Armando wants to go on the record, you want to move 18, I'll second it, I'm sure you won't get 3 votes here. Mr. Amoon: Cnn we regchpdul.e when the Commission — Mayor Ferre: I don't think you can, 71 ocej -IJ61 Father Gibson: Wait a minutel Wait a minute, man, you know I went to law school for a day, I hope nobody thinks I am a fool! You in the midst of it. You count your chickens before they hatch? I want to..Mr. Mayor.. Mayor Ferre: Yes sir. Father Gibson: You all go ahead and offer your motion, cause I want to vote. Mayor Ferre: See, the problems is, you should have throught about that before, Mr. Amoon, you should have with.. Mr. Amoon: I understand that, Mr. Mayor, but it has been deferred twice, I know Mr. Plummer wanted to be present on the Commission, but I'd rather play fair with you people and put my cards on the table, Rev. Gibson. Now I know you have strong feelings about this, but I don't see how the City can be made to suffer with the voluntary suggestions that I have made. Mayor Ferre: Mr. Amoon, you see, you are arguing the case. You have convinced me, okay? But you have to convince Theodore Gibson. Father Gibson: No. Mayor Ferre: The point is, that this matter is before us, and we are hearing it and there is a motion about to be made, and I don't know what in the world you can do at this stage of the game. You know, I'm sorry. Father Gibson: Make the motion. Mayor Ferre: This is Item No. 18. Mr. Lacasa: I move that we repeal the Zoning Board's denial. Mayor Ferre: The motion is that the Zoning Board denial be overruled and I will pass you the gavel and second the motion. Father Gibson: Alright sir. Second the motion. Discussion? No further discussion, call the roll, please. Motion made by Commissioner Lacasa and seconded by Mayor Ferre to over- rule the Zoning Board's denial of a liquor license variance failed by the following.vote: AYES: Commissioner Amando Lacasa Mayor Maurice A. Ferre NOES: Vice -Mayor Theodore R. Gibson ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mayor Ferre: In voting let me say that I think that the applicant has merit because the character of 8th Street has changed substantially since these rules went into effect. The distance between ... we are talking about 900 feet, which is, there is a 1500 feet difference, as I understand. There is a 1500 foot difference, which is 5 football fields between one bar and the other bar, if I am not mistaken. This is not a matter of a church being anywhere nearby, or a school or something of that nature, and I frankly don't see that there is that much of a problem, and so I vote for the motion. Father Gibson: So that the record would be replete and nobody go away, you see, it may not be or it may be the length of a football field, but when I see that shopping center so near where you want to put this liquor business, I just shudder to think of the people who go there and leave there and have to pass both liquor establishments if you had two. You follow? Now I say to you, find you another place and if I were here, you would have my vote to find another place, but I just believe, I would sound a note of warning to all of you, you don't like the fact that 2500 feet must be the distance between two places, change the law. Make it 1500, but until you have changed it, you 72 OCT 2 21981 have said to me, Theodore Gibson, you have got the right to use your judg- ment. My judgment is, we don't need two that close to each other and and block up and put in danger the lives of people who must do business on that street. Thank you very much. 23. DISCUSSION AND DEFERRAL: VARIANCE FOR PARKING REQUIREMENTS 115 S. W. 36 COURT Mayor Ferre: Alright, we are now on Item No. 19. Mr. Anderson: Mr. Mayor, My name is Michael Anderson, I am an attorney with offices at 9400 South Dadeland Blvd., and I represent the applicant, Manuel Rivero & Rene Perez. Based upon what I just heard, I think that I am going to ask for a deferral on a short board. What the attorney has said is that we can ask for a deferral up to the time of approval or denial on No. 9, but I witnessed that, I was listening very carefully... Mayor Ferre: That's right. That is correct. The ruling is that you have a right before we get into it to request a deferral, you are right. Once you get into it, then you can't defer. Mr. Anderson: The way I heard it was that he said prior to the adoption, but anyhow, I am going to ask for a deferral, based on a short board. Mayor Ferre: Is that all right with you, Father: That's all right with me. He didn't open the can of worms. i'erre: You listen pretty good, don't you Mike? Alright, Lacasa seconds rat - further discussion? Thereupon, the City Commission on motion duly made by Father Gibson and �:conded by Commissioner Lacasa unanimously agreed to defer consideration of the above matter. 24. FAILURE OF APPEAL: ZONING BOARD'S VARIANCE FOR LOT COVERAGE 1852 NORTH BAYSHORE DRIVE. Mayor Ferre; Take up Item No. 20. Mr. Metsch: Mr. Mayor and members of the Commission. My name is Lawrence R. Metsch. I am with the lawfirm of Paul, Landy, Beily, Harper & Metsch located at 200 S. E. 1st Street, Miami. I represent Hexagon Properties Ltd., a Florida limited partnership. Hexagon is the owner is the owner of Carlyle on The Bay apartment houses located at 1900 North Bayshore Drive, immediately north of the property involved in this proceeding, which is 1852 North Bayshore Drive. Mayor Ferre: You are the objectors? Mr. Metsch: Yes sir, This is an appeal from the decision of the Zoning Board. Mayor Ferre: So it is the objector that is appealing Mr. Metsch: Yes sir, At the September 21, 1981 Zoning Board hearing, I appeared for Hexagon and opposed a variance application. In addition, the City Planning Department registered its vigorous opposition to the applica- tion. By a vote of 4 to 2 the Zoning Board approved the application for the variance as the setback requirements. On September 28, acting for Hexagon, I formally sought to the Commission review of that variance. We continue to oppose that variance and we ask that this Commission overturn the Zoning Board's decision of September 21. I think a short synopsis of the background of the 73 0 C T u 21 JyC31. 4 background of this property would be very important to the Commission's con- sideration. This is not the first application for this variance. This is the second application. On December 21, 1979, the previous owner of the ptoper- ty;Jafco Properties N.V.,a Netherlands Antilles corporation then represented by Mr. Richard M. Zellman, applied for side setback variances to make possi- ble the constrcution of a 34 unit, 10 story apartment house and two -level garage. The required setback was 49.5 feet and a variance of 20 feet was requested. On January 21, 1980, the City of Miami Zoning Board considered that Jafco variance application, and Hexagon, at that time opposed the appli- cation as did the Planning Department. Hexagon argued that no hardship had been shown and that the hardship had been self-inflicted in that Jafco had only owned the property for less than a year. The Planning Department also argued on January 21, 1980 that no hardship had existed. The Zoning Board by a vote of 6 to 0, denied that variance application. On February 4, 1980, Mr. Zellman, acting for Jafco, sought appeal by this Commission. On February 28, 1980, this Commission, considering the appeal of Jafco, denied the appeal and affirmed the decision of the City Zoning Board, denying the variance. On June 16, 1981, slightly more than a year after this Commission's February 28, 1980 decision, a second Jafco application for a variance was filed, seek- ing a setback variance. Instead of a 34 unit apartment house, this time it was a 29 unit apartment house. 13 stories, I am told had now been reduced to 11 stories. The required setback for a building of this size is 51.5 ft. on the north side, adjacent to our property. The application asked for a vari- ance of 20 feet on the north side setback. On June 26, 1981, that was 10 days after the application had been filed, Jafco Properties, represented by Mr. Trauri3 asked for a deferral of the Zoning Board's Hearing that was then set for July 6, 1981. He asked to be deferred until July 20, 1981. That was June 26, 1981 he asked for a deferral. The very next day, June 27, 1981, Jafco sold the property to a joint venture called the Imperial At The Bay Joint Venture, a Florida general partnership. The deed was recorded with the Clerk at the Dade Countv Circuit Court on July 22, 1981. I have a copy of the deed here. Mr. Traurt now represents the Imperial At The Bay Joint Venture, the purchaser of the property. This property was purchased after the current application was on file. To the extent that the agenda today with the City Commission reflects that Jafco filed this application, it is no longer correct. Jafco sold the property after they had filed the application. The same counsel not only represented Jafco, but its successor, Imperial At The Bay Joint Venture, On July 20, 1981, the City of Miami Zoning Board met to consider the application. At that time, Mr. Aider, who owns the property to the south of the property in dispute came and objected and the Board agreed to defer decision to September 21, 1981, at which time I appeared on behalf of Hexegon, Mr. Traurig appeared on behalf of the Imperial At The Bay Joint Venture. Mayor Ferre: Is Aider Hexegon? Mr. Metsch: No. Hexegon is not Aider. Aider is to the south, Hexegon is to the north. We are the two plots to the north on which the Carlyle on The Bay apartment house sits which is a retirement facility. Mr. Aider owns the property to the south of the yellow block over here. Mayor Ferre: But he is not an objector. Mr. Metsch: He made an objection at the Zoning Board. He is not here today that I am aware of. I don't see him here, sir. At the hearing of September 21, 1981, I appeared for Hexegon and opposed the application. The City Plan- ning Department opposed the application. Mr. Aider opposed the application. Nevertheless, the Board, by a vote of 4 to 2 granted the application. On September 21, 1981 acting for Hexegon, I formally sought the view of the Zon- ing Board's September 21, 1981 grant of the north side setback variance. We believe that the Commission should set aside the Zoning Board's decision for ,the following reasons: First, no hardship was shown. We all know that under the City of Miami's comprehensive zoning ordinance it requires that a show- ing of actual hardship be made pursuant to Article 31, Section 2 in order to Justify a variance. No such showing was made. In fact, no such showing could be made, because the property can be developed. It was brought out at the September 21, 1981 that the owner of the property could easily construct a 3-story building in a manner consistent with the required setback distance. Secondly, this particular situaton falls squarely within the notion of a self- inflicted hardship, for which a variance is not appropriate. Imperial At The Bay Joint Venture bought this property after the application was filed. 74 OCT u 1�� They bought it with full or actual or constructive knowledge of the fact that there was a setback requirement on that property which made it impossible to build a very high apartment such as the one under consideration here. And certainly considering that Mr. Traurig represented Jafco as of June of 1981 and continued to represent Imperial At The Bay Joint Venture, I don't see how they can deny knowledge of the fact that there was a serious requirement of an extensive setback certainly on the north side, adjacent to our property. They didn't have to buy the property. No one forced them to to it. They came in after the application was filed. If there is any hardship, they brought it on themselves and I think we are all aware of the fact that the Florida courts have consistently held that a self-inflicted or a self-induced hardship is not a proper basis for the granting of a variance. I have six citations right here which I could read into the record. I don't think that it is necessary... zoning cases in which that exact action was applied, to de- feat the granting of a variance for the support of a denial. And finally, we deal with a situation of a classic case of administrative res judicata which means it was decided administratively, one year before, nothing has hap- pened between the first application and the second application, no change of circumstances to warrant a different outcome. And again, the Florida courts have consistantly upheld that action and required that there be a substantial showing of changed circumstances between two applications. None has taken place here. The Carlyle Apartment House is still there, the park is still a- cross the street, the Omni is still to the south. Nothing has changed at all. Finally, I would like to call to the Commission's attention the pros- pect which would be created by the construction of this apartment house. I have here today, a rendering, an architectural rendering prepared by the architech for Imperial At The Bay ,Joint Venture which shows a fascade that would be facing the south side of the Carlyle Apartment, should the building be constructed. It is not a very pleasant site when compared to a view of the bay which presently exists. Addressing this from a pure policy point of view, what we are going to have if•this building is constructed with a 20 foot north side setback is we are going to have a crackered canyon, a small strip, a very small strip of unoccupied property between the Carlyle of The Bay Apartment House and the Imperial At The Bay Apartment House, which is being presented by Mr. Traurig today, There is no justification, we believe, under the cir- cumstances here to creat such a canyon. It would be unsightly, it would be contrary of the policy of this City. The fact of the matter is, considering the price that was paid for the property by Imperial At The Bay Joint Venture, they must get 29 units on the property in order to make a profit. We believe in order to fit 29 sufficiently sized apartment units on the property, they must build an 11 or 12 or 13 story building. To build that building, you must obtain a variance from the 51 feet to 20 feet from the north side setback. We believe that the Imperial At The Bay Joint Venture has gambled, and it should lose that gamble. We ask that the derision of the Zoning Board of December 21, 1981 be set aside and the variance be denied. Thank you. Mayor Ferres This is the Margaret Pace Park. Is this part of the district that we rezoned? Father Gibson: That is the part of the district that I have been contending all along that you all should go up there and rezone all that property, rather than do it piecemeal. I'm going to speak to that also. Mr. Traurig: Mayor and Members of the Commission, my name is Robert H. Traurig and I am an attorney at law. In order to identify properly and to orient you, although I know that you are familiar with the site and identified Margaret Pace Park, I'd like to point out to you where we are and what we pro- pose to do. You are looking at Margaret Pace Park, east of which is the bay. And this major artery is Biscyane Blvd. The property which has been charac- terized as the Carlyle property is this highrise apartment building immediate- ly to the north of what has been a large, single family home that practically consumes the entire lot to the south from east to west. If you recall, today you were considering the mapping of CBD-2. CBD-2 would run 13th Street to 15th Street and substantially increase the bulk of buildings, the heights of buildings, the overall atmosphere of the area. CBD-2 at the present time is not intended to go beyond 17th Sttleeet and we are closer to 19th Street, but the Planning Department has been charged to do a study and to come back with regards to expansion to the CBD-2 boundaries and this Commission after the Planning Advisory Board recommends to you will consider perhaps in a year where the perimeter of CBD-2 should be. We are presently immediately to the south of the Imperial At The Bay. Mr. Metsch did a good job of describing 75 OCT .] a 198) for you the past history of this property at 1852 North Bayshore Drive.. What we are proposing to do is really build something very similar to the building that his clients enjoy. It is very important to know that the existing zoning on this property is R-5. Now R-5 permits an FAR of 2.2, depending on the size of the unit and we qualify for a 2.2. We have 22,900 square feet of lot area, therefore we are entitled under the existing FAR to 50,380 square feet of building. And we could build, in accordance with the R-5 ordinance, 51 units. We are asking to build 29 units. We are asking to build larger units then what could be built obviously if we built the 51. And our 29 units will be 8 one -bedroom apartments, 20 two -bedrooms and 1 three -bedroom. We feel that is a good mix, given the characteristics of this neighborhood, but in achiev- ing a lower density, we are actually helping the City of Miami. We are in- creasing the tax base, but we are decreasing the number of people who would live there, we are decreasing the parking, etc., because we have less units and consequently it is anticipated there will be less people. When we talk about this neighborhood, one thing has to be given consideration by this Commission, many things, but one thing in particular and that is, that there has been a constant redevelopment in the area. Omni started, and recently after the Plaza Venetia project was approved, Mr. Hollo acquired the prc�l.•-r- ty which is located here, the old Miramar Hotel site and the Zoning Board of the City of Miami has very recently, on the same night as a matter of fact, when this application was approved a number of variances which have not been appealed, which will permit him within about a block of this property to build substantially greater bulk than.what we are requesting. But before we get into our request, I think it is very important to know about our neighbor to the south who nows complains about it. I think it is very important.. Mavor Ferre: You mean to the north. Mr. Trauriq: I think jt is very ... to the north, I am sorry..important to know that when they got approval of their application on March 20, 1978, it was pursuant to an application in which they asked for an increase in FAR, and an increase in lot coverage. And in order to support that application, the usual written statement, and this is taken from the files of the City of Miami, the usual written statement was filed, and it reads, and they are telling us we can't demonstrate hardship, but they, in their application, said the size and shape of this property, particularly since it is a irregu- larly shaped, we are a pie shaped lot, you can see it on the screen, create special conditions and circumstances which are not applicable to other lots and properties in the immediate area and accordingly creates a hardship on behalf of the owner of the property in attempt to reasonably utilize the property, and this is signed by their attorney, Martin Fine. They come along and say to us, the circumstances upon which they got their variance don't apply to our property. Mayor Ferree Bob, address this issue. I don't, you know I don't have problems with that F.A.R. Okay. I do have problems with sPrhackc and see throughs and landscaping and the other things, and lot coverage. Now, what you are proposing to do here is instead of covering 23% of the lot which you are allowed to do, you are going to cover 40%. Mr. Traurig: No, sir. I think that those numbers are incorrect and we would like to address that, but we are asking for a lot coverage variance. We'd like to explain to you why. Mayor Ferre: Okay, that is why I stopped you. Okay, and instead of 37 feet, you wanted to go to 27 feet in the front yard and what concerns me more is the side yard, because you want to go to 20 feet and to the south side yard is 20 feet and a seven foot balcony encroachment into the front yard, so in effect it is really more than that and so when you talk about what the Carlyle did, but you also 1pesides addressing FAR, address that which I think is much more important, the setback and the lot coverage. Mr. Whipple: Mr. Mayor, could I just direct your attention to the resolution attached to the fact sheet which has a corrected figure that was submitted to the Zoning Board and actually are a correction of the figures on the fact sheet. The resolution, on the back, sir, has the corrected figures. Mayor Ferre: What are you giving us.. Mr. Whipple: Well, this was done at the Zoning Board and once the fact sheet 76 OCT 2 2 �y81 is processed to the Zoning Board, and if the figures are modified at the meet- ing, which they were, then they occur in the resolution. Mayor Ferret In other words, from 22.5, they want 33.8. Is that right? And in the side yard, instead of 48.9 they want 20 ft. Mr. Whipple: The 20 feet is the same, but it is a little less requirement. And 20 feet on the other side, 61 required, which is the same, I believe they eliminated the encroachment of the balconies in the front. Mr. Traurig: They eliminated the encroachment of the balconies and the front yard setback variance request, so we only are talking about side yard set- back and the lot coverage. Mayor Ferret So in effect, your property now is going to be 20 feet on each side. How far away is that other property..... Mr. Traurig: Teds? Mayor Ferret Teds. No, not Teds, what's his name...Marty's. Doesn't Marty own that? Mr. Traurig: 20 feet, because.... the answer is yes. Marty and others own the property immediately north of us. Mayor Ferret Yes, and the point is, he is only 20 feet away too. Mr. Traurig: Well, no, it is 60 feet according to the architect. Mayor Ferre: The building north is 60 feet to the lot line. Mr. Whipple: It met the required setback sir. Mayor Ferret Okay, so if you don't get, you know there is three of us here, I just want to tell you where I am at. 20 foot setback, I won't vote for it. Mr. Traurig: I think we ought to hear this in its entirety, Mr. Mayor, they came here and raised an issue such as no hardships and administrative res judicata, they have a court reporter, and I think that the record has to be complete in this particular matter. What I was trying to do is to say that the party raising the issue has, in connection with his own application sought the same kind of variances that we sought. We didn't ask for FAR variance, but we did ask for side yard. We didn't ask for any front yard variance, we did ask however, for the lot coverage, which they themselves received variances as to lot coverage. And I think that it is awfully im- portant to deal with the kind of building that they built and their criti- cism of our building. I undertstand that is not completely on point, but I think that you have to get an appreciation of the character of the neighbor- hood. When Susan Groves appeared before the Zoning Board on March 20, 1978, she said we feel the variances on the Carlyle are not justified. They are asking for an increased FAR and an increased lot coverage. We feel that the lot is -large enough. Then there was a discussion in which it was brought out that the project being planned for the Carlyle site was 110 one -bedroom apartments and efficiencies.. The one -bedroom would have 580 square feet and the efficiencies 425 square feet. Now what counsel is telling you is that we are overloading our site, and we are imposing a hardship on the service capabilities of the City and the scape of the City. And we would like to point out to you that bounded on the North is the Imperial. On the East we have Margaret Pace Park, to the West our neighbors don't object, and the Biscayne Blvd. corridor is located, and to the South is an area which is being developed and particularly with this Miramar Development of Mr. Hollo Mayor Ferret You mean on the North, you keep saying on the South. It is on the North. Mr. Traurig: North is the Imperial, South is Mr. Hollo. North is the Carlyle. Mayor Ferret You keep saying South - it is North. 77 OC1 y 4 iy0) Mr. Traurig: And I, I'm sorry. So they have a 10 story, 119 unit building. We have asked for minimal request. I think that it is important to answer your question about lot coverage first. Mayor Ferre: In the interest of time, could we do this..could we defer this item, so I could go out and look at it carefully and study this so I..you need three votes. Mr. Traurig: No sir, we don't, we don't need any votes. They need three votes. Mayor Ferre: Oh, they need three votes, oh, okay. Mr.. Traurigs They need three votes, they are the ones before you today. Mr. Whipple: The Department does too, because we are supporting the Appeal, as we did recommend against this project. Mayor Ferro; Wait a minutes. In other words, if this goes on a two and one vote, he wins, so I see where he is at. arbor ,`.bson: And it was to your advantage to postpone and defer. Mayor e rre: And you didn't do that. Okay. Alrights, well lets move along so we can get on with this real quickly. XLr. Traurig: Okay. You raised the question about lot coverage. Actually, our :rincipal building has a lot coverage or 20.6. We could Nark all of our cars at Grays. We dodn't want to park our cars at Grade. V.e didn't think that the pccple who Live in their building ought to be looking down at our parking garage, z mean at cars parked on the lot, so instead, we added a parking structure. And our parking structure is this structure, and in order to soften the appearance from their window, we put landscaping ar,c a swl'sing pool on the top of" this parking structure. Ncw if ;ou want us to get rid of the parking structure so that our lot coverage will not require a variance, we are happy to do it. But we think the best interest of the City of Miami require that we put the landscaping and the swimming pool _ there and that's the only reason that we need the lot coverage variance. Now I can't imagine an}, Commissioner feeling that that is an excessive utilization of our property when we have the same automobiles, but we have put a top on thorn, and we have put a swimming pool and landscaping on the top. No. 2 - I think you saw the aerial photograph. Mayor Ferre: Counselor, I would advise you to accelerate your presentation as you are not going to have a quorum in a very few minutes. Mr. Traurig: Okay. I think you saw the aerial photograph. I think that you will recognize that the house that has been on this property since the 1920's went from one side of the lot to the other. The side yard setback that we are requesting are not greater than the side yard setback that they had, or no less than the side yard setback that they had. M:avor Ferre: What do you mean - they've got 60 feet. Mr. Traurig: No, I am talking about the house that we have removed from the property, Mayor Ferre: Oh, I see. Mr. Traurig; The reason we need more setback right now is that the height dictates that we have more setback. As you go up, you need more setback. Now let's understand why we have the height, because this is the key to the er;tir.e matter. You have an ordinance that permits us to build 50,000, lets say, square feet. And we have a lot, where the only way we can achieve that is to go up. And we have a site which is irregular shaped, pie shaped, as theirs was, and therefore we have to build within the constraints of that irregular shaped lot, and we cannot legally apply all of the criteria of your ordinance to our site and achieve what the ordinance tells us we are en- titled to, and our architect, Mr. Romney wants to review that with you, be- cause it is a legal impossibility and when we talk about hardship, I am say- ing to you, we have a genuine classic legal hardship. Hardship is not a hardship that goes with the people when they sell us the property, it is the property's hardship. 78 0ST 2 2198t c Mayor Ferre: Bob... Mr. Traurig: Gibson is in pain. We are not going to have a quorum here in a moment. Father Gibson: I'd like to ask him two or three questions before we stop. Mr. Traurig: I£ you feel that you would like to absent yourself, we'll take the deferral and we'll do whatever you would like us to do, Sir. Father Gibson: I may not be here when you come back, so I'd better ask be- fore I leave. Mr. Traurig:-. Father, you know that I have great respect for you, and if you are not feeling well, I would like you to go home, but I'd like to finish this and I'll get it through very quickly. Father Gibson: Alright, you finish it because I want to make and put my question in the record so that if you go to court, you will know that one Commissioner raised some questions. Mr. Traurig: I think it is important to know also why we moved our building back and why we don't need the front yard setback. We did it, because our architect who has a relationship with one of the owners of the property to the North, the Carlyle property, went to see him and talk to him about it, and he said if you move your building back, I am going to be satisfied. And we moved our building back, twice. And now they are objecting to this. Mayor Ferre: Who, the party? Mr. Traurig: Yes sir. And now we are here before you, having done what we were asked to do, and we have these objections through another counsel, counsel who is representing one of the co -owners. Now, I think that the real issue on yards and the criteria of the ordinance has to be dealt with by the architect. I will ask him to be as brief as possible, but I think when he goes through these figures, you can see that all of those things that have been complained about by counsel have no applicabity, so I dealt with this argument about hardship. He says we can construct a three story building. We are entitled to construct a building of unlimited height. We are entitled to construct a building of 50,000 square feet, we cannot do it on this lot. He says we have self-imposed hardship, the land created the hardship, and he says there is administrative res judicator, we have a dif- ferent application. We have less units; we have the new influence of the C8fl-2 development here. We had the influence of other developments in the neighborhood and we do not have administrative res judicata. I would like to call on Mr. Romney to speak as quickly as he can. Mayor Ferre: Alright, you have 30 seconds, Mr. Romney. Mr. Romney: My name is Murray Romney, I am an architect. The address is 3215 Ponce de Leon, Coral Gables. I want to address the matter the follow- ing way. We have worked with the ordinance very thoroughly, not just on this project, but many others. We have been told that we had not recognized the limitations of the ordinance imposed on the site. This is not correct, it is the other way around. The site restricts that which the ordinance allows. In this case, something like a twenty foot setback, which would give us over 80 feet of separation and therefore not create a canyon with our neighbor to the north, would be one of the results of our move. Another thing is that we have tried to comply with FAR and the lot coverage and only the site backback has suffered. I would continue, but because of the re- quest of the Commission I will.. Mayor Ferre; It is not my requests Father Gibson is in pain and you are going to lose a quorum in just h minute and what you are doing is you are imposing on a man who is ill. Mr. Traurig: I won't impose. I will summarize by saying that we feel that you can't zone this property R5 in the 1980's or whenever it was zoned and give, and induce the owner to invest in the property based on the opportunity to achieve the density that R5 permits and then have an ordinance that limits our development so we cannot achieve that density. We urge you to oppose your Zoning Boatd. Mayor Ferrer Alright. Are their objections to this? OUT n �n 81 79 G 7 Mr. Wizipple: Mayor, fer the recor.c', I ought to be a couple statements made by the Department. Mayor Ferre: Very quickly. Mr. Whipple: No. 1, Mr. Hollo's project is undo:r. a_peal. We disagree with the statement with respect to the CBD-2 that we are w.;rking on now as such and impacts this area by which to justify this project, that is not the case because our studies and what we have prcpo e_' to this Commission today indicate that. We feel that the setbacks are excessive and if we were to use the bottom sketch if Bob wouldn't mind, ycu can see the scale between say 99 and 17 feet, that is about an 10 foot difference and if you put that to the side of the building, that is like star,c,ing out here on the sidewalk in front of City Hall and addi. ng two eet to your car, '^.r. Xafor, 20 feet of setback for a building that is 117 feet high, we feel this is ridiculous. Father Gibson: LeL ne put mine in the recor.a, because I may not get the op- portunity again. Acain you gotta rem:r,s ,F-r me. I bc.gg d you all to go on Biscayne Blvd. and study that area and change that zoning to be compatible to what 1981-82 is like. You all won't do it. Now I am talking about staff. Staff hasn't done it. What disturbs Me is, perhaps one of the most valuable pieces of land or area of land in thiL City is betwe en and 26th St. , and we are sitting up here, you know, piece ;,sealing, piece mealing, piece mealing. I think it is is a disgrace. I think we ought say to the most people that we can legally, we need to restudy this whole business, so that when develor.ers qc there, uhuv know l :e what is that saving, beware of the Athenians bear nct wreaths. YOu ;Crow l•;.'lat you could du from what you can, do. Now I was there and 1 :;aw that bL,il i.n;: you a -ca.lkino about that is to the North a:ir'. your land is c1.eani�:j up, 1 -1haL riQ:?t. 1Kea I , 1 hate to believe what: would be the final"'. when ,'ou !:.' _..Y n ;'�Lir lan:: bi'S1Qc? that b1211d1n3 that 1J01 ?re talkili- about. \�' t:;at �::tide;",. mme, Inowevcr, however, I was shocker. and an, axed and sur Sri:,.&:3 that y cw �-Ldn' L ask for a �:Iostpone- ment. Evidentl.',' you rl)ay he a 2cggone ccC(3 lak_'er, l)ut you don't kI':ow noth- irg about tlnllt_1=' Reineraher, , : nc ;:ule s ol: !,'o'.: _ �'JC , OL �Or `iCi. He can'' 1c,se. You are coin, c icse. l don't: voll that. Ease"' on the ?'L) E ncre and c GI:' :l.J, i c' ca n' F: :CeCaUs- he not their dj�j_:elate, :'cU cqo v t), " V^ E: ' ;C•4.sn't have to get. Now, I was 'Lhoc}co_d. _ :,'at Mere anu . `.,'oi:dered . f 1 tela. you hey, man, you 4.anc to be smar•-, go Cilia here az-,6 wait until :'tort: people are up here. Now, that would e to yo%Lr oUl` antage. You nave lost thdt. You know how we have consistantly dealth with..if you --per, it, you can't close it. Mayor Ferre: Okay, let's go. What is the will of this Corrzrtission on this item? What is the will of the Commission on Item 20? The Zoning Board granted an amendment on 4 - 2 basis. Father Gibson; Mr. Mayor, Theodore Cibson _eels that they should not be nermitted to build that building. However, the rule is against you. Mayor Ferre: Then you would make your motion against the Zoning Board. Father Gibson: Yes, but according to the rules, even if I make my motion against the Zoning Board.... Mayor Ferre: -Since this is already cast and the point is look...my position is very simple, Bob. A 119 root high building with a 20 foot setback, if we were to build 119 foot buildings in all those lot_a with 20 foot setbacks, we would have a monstrosity, a monstrosity. You know, I think that 20 feet is not enough to build a building that high and I just, you know, so I've got to cast my vote on it that way, but the point, never -the -less is that we cannot overrule, because, and I don't know, unless of course we have a third vote, and then I don't know, you know but.... so go ahead and make your motion and let's go. Father Gibson: Y�=.s. and I together. Mayor Ferre: Okay, let's close it. it doesn't matter, this is a legal thing as I understand it, and we just cast our votes now. Just make your motion. I'll second it and we will vote for it, and it will be 2 to 1. �jV 0C 1 23 :v� r Mr. Lacasa: Let me see the comparison between the two buildings, the Carlyle and.... Mayor Ferre: Make your motion. Your motion should be that you recommend a reversal of the Zoning Board and recommend denial as approved by the Planning Department? Yes, but there are 60 foot setback. The Carlyle has 60 feet. (Inaudible conversation) Mayor Ferre: Precisely. That's exactly my point. Alright, look, in the interest of Theodore Gibson, because I know that the man is in pain now. As I understand it, he moves that the Zoning Board be overruled and that we vote with the Planning Department's recommendation for denial. I will second the motion, and Lacasa has the gavel. r. • . Mr. Lacasat There is a second to the motion. Further discussion? Father Gibson: Mr. Mayor, I want to make sure that everybody understands. I am unalterably opposed to the building, but I have to be one of the Com- missioners who always talks up here about the law is this. The rule is, since you are appealing, you have to have the majority of votes. That was said here all day, therefore, even with all of my desire to help you, I can't help you. Okay? So you tell your client that Gibson loves you, but they put me in a position where I couldn't show my love. And you tell Mr..... Traurig, you tell your client that they put me in the position, that even = if I didn't want to to the fair thing by you, I have to keep the law, and the law is, you aren't appealing, he is appealing. And he has the prepon- derence of evidence against the majority of people on his side. He doesn't have it. Mr. Metsch: Father Gibson, may I just speak. If the three members of the Commission who are here today vote in my favor. then I prevail. If one does not, tb an I . JQse., Father Gibson: That is right. Mr. Metsch: According to your interpretation, we would like to note for the records. But we disagree with the lawyers. We believe that the majority of those present today constitute enough to turn around the Zoning Board's position, but if I lose because you fon ow the City Attorneys position, we will argue that in some other forum. Thank you. Mr. Lacasa: Please call the roll. Whereupon the preceding motion introduced by Commissioner Gibson and seconded by Mayor Ferre to overturn the decision of the Zoning Board failed to pass by the following vote: AYES: Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. ON ROLL CALL: Mr. Lacasa: In voting against the motion, I am going to explain why. When the Carlyle was built, they got four variances which resulted in their building being 119 feet high. So, now, what we have is this proposed building An is also coming to us with a request for variances to get to 117 feet high at the peak of the building, so consequently, I don't see wiry we should have given it to the Carlyle and not to the Imperial, and I vote against the motion. I 81 OCT 2 21981 25. VACATE AND CLOSURE OF N.E. 31 STREET BETWEEN BISCAYNE BLVD. AND NE. @ AVENUE TEI+)TATIVE PLAT #1118 - EXECUTIVE PLAZA Mayor Ferret Alright, thank you very much. We are back to Item No. 15, Jesse, quickly now. Mr. McCrary: Mr. Mayor, Members of the Commission, Mr. Lawrence Fieldstone, Trustee for thetproperty has signed an agreement. , This agreement was drawn with the help and advice of the Assistant City Attorney Terry Percy. Mayor Ferret Theodore Gibson moves, Lacasa seconds. Further discussion on Item No. 15 with the covenant that is in writing before us? Call the roll. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-915 A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCON- TINUING THE PUBLIC USE OF NORTHEAST 31ST STREET, BETWEEN THE WEST RIGHT-OF-WAY LINE OF BISCAYNE BOULEVARD AND THE EAST RIGHT-OF-WAY I4INE OF NORTHEAST SECOND AVENUE FOR A DISTANCE OF + 475.871 AS ONE OF THE CONDITIONS FOR AP- PROVAL OF TENTATIVE PLAT NO. 1118 "EXECUTIVE PLAZA" (here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following votet AYES: Commissioner Armando Lacasa Vice -Mayor ('Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT; Commissioner .T. L. Plummer, Jr. Commissioner Joe Carollo 26. GRANT 1-YEAR EXTENSION OF VARIANCE: 3030 N. E. 4 AVENUE Mr. Gary: There is only two small items we need before Father Gibson leaves, Item 27 and one other item which will give the city one-half million dollars. Can we skip Item 21, 22 i 23, or are they controversial. Okay, Item No. 21 is an extension. The department recommended and Zoning Board voted 6 to 1. Moved by Lacasa, second by Gibson. Further discussion? Call the roll on 21. The following resolution was introduced by Commissioner Lacasa, who moved its adoption, RESOLUTION NO. 81-916 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A VARIANCE GRANTED PFAU ORDINANCE NO. 6871, ARTICLE XII, SECTION 6, AND ARTICLE" XXIII# SECTIONS 2(2) AND 4(23) TO PERMIT CON- STRUCTION OF AN OFFICS BUILDING ON TRACT "B"t THIRTY-FIRST STREET PROPERTY (.84-67) BEING APPROXIMATELY 3030 N.E. 4th _ AVI= AS PER PLW6 ON FILE WITH 2.35 FLOOR AREA RATIO M A.R.) (2.0 ALLOYED) PROVIDING 16 OF 34 REQUIRED OFF- STREET PARKING SPACES AND PROPOSING 10 OFF-STREET COMPACT CAR SPACES (6 CQMtPACT CAR SPACES PERMITTED); ZONED C-1 (LOC%L OOMQ4EtiCIAL) . 82 D� (here follows body of resolution, omitted here and on file in the Office of,the City Clerk). Upon being seconded by Vice -Mayor Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, JR. FOR RECORD: Agenda Item 22 was continued to next Planning & Zoning meeting. 27. GRANT 1 YEAR EXTENSION FOR VARIANCE FOR MICROWAVE TOWER 45 N. W. 5TH STREET (Soutnern Bell) Mayor Ferre: The Department recommended approval, the Zoning Board granted a 6 to 0. Is there further discussion on that? Alright, Gibson moves and Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Vice -Mayor Theodore R. Gibson who moved its adoption: RESOLUTION NO. 81-917 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF A VARIANCE GRANTED FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 21(1) (b) TO PERMIT A MICROWAVE TOWER ON EXISTING 5-STORY BUILD- ING LOCATED S50' OF IbTS 1 AND 2, ALL OF LOTS 3,4,5 AND 6 AND LOTS 19, 20, 21, 22, 23 LESS THE S10' AND LOT 24 LESS E10' AND S10'; $LOCK 64N: A.L. KNOWLTON'S MAP OF MIAMI (B-41) BEING 45 N.W. 5TH STREET WITH A PROPOSED HEIGHT OF 360' ABOVE GRADE (150' ABOVE GRADE ALLOWED); SUBJECT TO THE VOLUNTARY DEDICATION OF THE E10' OF THE SOUTH 50' OF LOT 1; ZONED C-5 (LIBERAL COMMERCIAL). (Here follows body of resolution; omitted here and on file in the Office of the -City Clerk). Upon being secondei by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 28. APPROVE IN PRINCIPLE: "CONGRESS OF LATIN AMERICAN CARIBBEAN MUNICIPALITIES" Mayor Ferre; Alright now, Father, before you go, we have a request here from the Inter -American Chamber of Commerce, which is a proposal for Congress of Latin American Caribbean Municipalities and I would like to grove sir, that this item be approved in principle and sent to the Manager for a study and a recommendation. Okay, I move, Lacasa you second. Okay, call the roll on that. 01 OCT 2 2 1981 The ^following motion was introduced by Mayor Ferre, who�moved'its adoption: MOTION NO. 81-918 A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE A PROPOSAL FROM THE INTER-AMERICAN CHAMBER OF COMMERCE FOR A "CONGRESS OF LATIN AMERICAN CARIBBEAN MUNICIPALITIES"; FUR- THER REFERRING SUCH PROPOSAL TO THE CITY MANAGER FOR A THOROUGH STUDY AND RECOMMENDATION. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice R. Ferre ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 29. ACCEPT SETTLEMENT: C. A. DAVIS INC. FLAGLER STREET BEAUTIFICATION PROJECT Mayor Ferre: Okay, now what else do you have? Mr. Gary: We've got a half million dollars that we need to get approved by the City Commission so that we will not lose this to the courts. Mayor Ferre: Is on the Charlie Davis thing? Mr. Gary: Yes, it is. Mayor Ferre: Gibson moves, Lacasa seconds. Further discussion? Call the roll: The following resolution was introduced by Vice -Mayor Gibson who moved its adoption: RESOLUTION 81-919 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ACCEPT $592,000 IN FULL SETTLEMENT OF THE PENDING LITIGATION BETWEEN C.A. DAVIS, INC., INSURANCE COMPANY OF NORTH AMER:ICA, AND THE CITY OF MIAMI, INVOLVING THE FLAGLER STREET BEAUTIFICATION PROJECT, CONDITIONED UPON VOLUNTARY DISMISSAL OF THE CITY'S COUNTER -CLAIM AND COMPLIANCE WITH THE SETTLEMENT TERMS. Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Ahando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 85 OCT 2., 1�81 30. APPROVE IN PRINCIPLE: SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN Mr. Gary: We need to approve the Overtown/Park West plan in principle by they City Counission. Mayor Ferre: Alright. There is a notion by Theodore Gibson for Park West in principle with Overtown. Second by Lacasa. Further discussion? Well, this is going to be your last vote, so it is a good one. Call the roll. The following resolution was introduced by Vice -Mayor Gibson, who moved its adoption: RESOLUTION NO. 81-920 A RESOLUTION APPROVING, IN PRINCIPLE, THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY DEVELOPMENT PLAN FOR AN AREA GENERALLY BOUNDED BY BISCAYNE BOULEVARD AND THE FEC RIGHT-OF-WAY ON THE EAST, FEC RIGHT-OF-WAY AND"' I-95 ON THE WEST, I-395 AND N.W. 11TH STREET ON THE NORTH AND N.W. 5TH STREET ON THE SOUTH, IN SUBSTANTI- ALLY THE FORM ATTACHED HERETO, WHICH COMMUNITY RE- DEVELOPMENT PLAN INCLUDES ACQUISITION AND CLEARANCE, RELOCATION, REHABILITATION, STREET IMPROVEMENTS AND BEAUTIFICATION: MAKING CERTAIN FINDINGS OF FACT AND CONCLUSION OF LAW: MAKING RECOMMENDATION FOR AP- PROVAL BY THE BOARD OF COUNTY COMMISSIONS AND SUPPORT-,- ING A JOINT EFFORT BY THE CITY AND COUNTY. Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT - Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. 31. ACCEPT PLAT: WILDER SUBDIVISION Mayor Ferre: Are we concluded now? Mr. Gary: Acceptance of a Plat. Mayor Ferre: Alright. Gibson moves Item No. 26, Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Vice -Mayor Gibson who moved its adoptions RESOLUTION NO. 81-921 A RESOLUTION ACCEPTING THE PLAT ENTITLED "WILDER SUBDIVISION", A SUBDIVISION IN THE CITY OF MIAMII AND ACCEPTING THE DEDICA- TIONS SHOWN ON SAID PLAT: AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADS COUNTY, FLORIDA. Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: 86 OCT 2 2 1981 7 AYES: Commissioner Armando L,acasa Vice -Mayor (Rev.) Theodore R. gibson Mayor Maurice A. Ferre NOES: None ABSENT: Commissioner Joe Carollo: -------------------------------------------------- There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 4:45 P.M. MAURICE A. FERRE Mayor ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk r` 87 OCT 2 2198