HomeMy WebLinkAboutCC 1979-05-24 MinutesCITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON May 2a' 1979
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
RALPH G. ONGIE
CITY CLERK
ITEM NO,
SIBJECT
AMI, FLDRIDA MAY'24, 1979 (PLANNING & ZONING)
it3OLUTION
INANCE 013 MO,
PAGE NO,
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PLAT ACCEPTANCE - "HEARN HEIGHTS"
CHANGE OF ZONING CLASSIFICATION - 101-165 W.
FLAGLER STREET FROM C-4 TO GU, DADE COUNTY
APPLICANT
CHANGE OF ZONING CLASSIFICATION - 1301 N.W. 27 AVE.
FROM 11-4 TO C-4 - WHEELER -WALKER INC., APPLICANT
AMENDORD. 6871, ARTICLE IV,;SECTION 11'.1 (4-A)
PRIVATE ROADS TO PERMIT "T"TYPE TURNING AREA
AMEND 6871 ART. XXi-3,' SECTION 10(C)(A) - CORRECT
SPACING. FORMULA SPD-1, CENTRAL ISLAND DISTRICT.
CHANGE ZONING CLASSIFICATION - 160-180 S.W..11TH
STREET&;1105-1133_S.W..;2ND ;AVENUE'FRON R-4.TOGU.
GRANT PERMISSION TO CONSTRUCT AND OPERATE FIRE
STATION #4 AT APPROXIMATELY 160-180 S.W. 11TH STREET
AND 1105-1133'S.W. 2ND AVENUE
CHANGE ZONING CLASSIFICATION - 2401-2421 S.W. 4TH
STREET & 310-312; BEACOM -BLVD. FROM .R-1- AND R-2..:
TO:GU.
GRANT PERI'IISSION TO CONSTRUCT AND OPERATE FIRE
STATION`#114 AT 2401-2421 S.W. 4TH STREET & 310-312
BEACOM BOULEVARD
AMEND 6871, ARTICLE XXVI, BASE BUILDING LINES
CHANGE ZONED STREET WIDTH OF N.E. 1ST COURT
BETWEEN N.E. 51ST & 52ND STREETS FROM 20' TO 50'
APPLICATION TO CHANGE ZONING CLASSIFICATION -
UNPLATTED PARCEL ON VIRGINIA KEY FROM R-1 TO WR
PERMIT GOODYEAR BLIMP.BASE.
AMEND 6871, ARTICLE XXVI, SPECIAL YARD DISTRICTS
BY REQUIRING A YEARD DEPTH OF NOT LESS THAN 100'
0
CHANGE ZONING CLASSIFICATION ON SOUTHEAST SIDE OF
MICANOPY AVENUE FROM R-1'TO R-1B
APPLY ARTICLE XXI-4 OF;6871, COCONUT GROVE OVERLAY
DISTRICT (SPD-2) TO SOUTHEAST SIDE OF MICANOPY
AVENUE.
PLAT ACCEPTANCE-"JAMESTOWN CENTER".
ACCEPT GRANT OF PERPETUAL EASEMENT FROM INTERCAP
INVESTMENTS, INC.
PLAT ACCEPTANCE - "INTERCAP SUBDIVISION"
ACCEPT GRANT OF PERPETUAL EASEMENT FROM FORTE
PROPERTIES,INC.
PLAT ACCEPTANCE "FORTE PROPERTY SUBDIVISION".
AMEND 62-20 OF THE CITY CODE BY EXTENDING THE
TERMS FOR PLANNING ADVISORY BOARD AND ZONING
BOARD MEMBERS.
M4,YA l 4104
R-79-384
ORD.8938
ORD.8939
ROD .8940
ORD.8941
FIRST READING
FIRST READING
R-79-386
FIRST READING
FIRST READING
M-79-393
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10
11-12
12-13
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14-15
15-17
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PAGE #2
FORD MAY 24, 1979 (PLANNING AND
ZONING)
ITEM IV.
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SUBJECT
AUTHORIZE AGREEMENT WITH MIAMI SUMMER BOAT SHOW FOR
USE OF COCONUT GROVE EXHIBITION CENTER & DINNERKEY
MARINA
APPLICATION TO CHANGE ZONING OF CORNER OF VIRGINIA
AND OAK STREETS FROM R-2 TO C-2A
AUTHORIZE ISSUANCE OF DEVELOPMENT ORDER, APPROVING
WITH MODIFICATIONS THE BALL POINT PROJECT, A
DEVELOPMENT OF REGIONAL IMPACT TRACT D, DUPONT'
PLAZA (50-11)
CHANGE ZONING CLASSIFICATION OF S.W. CORNER OF N.E.
1ST COURT AND N.E. 52ND STREET FROM R-2 TO R-4.
MIAMI JEWISH HOME & HOSPITAL FOR THE AGED
APPLICATION TO CHANGE ZONING CLASSIFICATION -
UNPLATTED PARCEL ON VIRGINIA KEY FROM R-1 TO WR
TC PERMIT GOODYEAR BLIMP BASE.
APPEAL BY CARLOS A. ABREU OF ZONING BOARD'S DENIAL
OF VARIANCE FOR STREET SIDE YARD 26 N.W. 47TH
AVENUE
APPLY ARTICLE XXI-4 OF6871, COCONUT GROVE OVERLAY
DISTRICT (SPD-2) TO SOUTHEAST SIDE OF MICANOPY
AVENUE
NOTE: ITEMS FROM THE REGULAR PORTION OF THE
AGENDA WHICH WERE DISCUSSED AFTER THE
PLANNING & ZONING ITEMS HAVE BEEN
INCLUDED IN THE MINUTES OF THE AFTERNOOK
AGENDA FOR CONTINUITY.
MAI 2 4
INANCE
sOLUTION�t o. PAGE NO.
R-79-394
M-79-395
R-79-396
ORD.8942 .
DISCUSSION
M-79-398
FIRST READING
1979
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21-34
34-37
37-51
52-56
57-59
MINUTES OF REGULAR MEETING. OF THE
CITY COMMISSION OF MIAMI, FLORIDA
**,**`****
on>the '24th day of May, 1979, 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 6:40 O'Clock P.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ALSO PRESENT:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
NOTE* Commissioner Rose Gordon entered the Meeting at 7:00
O'Clock P.M. and Commissioner Theodore R. Gibson
entered the Meeting at 7:30 O'Clock P.M.
1. PLAT ACCEPTAUCE - "HE P.1. HEIGHTS" .
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-384
A RESOLUTION ACCEPTING THE PLAT ENTITLED HEARN HEIGHTS, A
SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AND ACCEPTING THE COVE-
NANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CON-
STRUCTION OF FULL WIDTH IMPROVEMENTS ON N.E. 83 STREET
UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY
CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on
in the Office of the City Clerk.)
file
Upon being seconded by Commissioner Lacasa, the resolution was passed
and adopted by the following vote
AYES Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Theodore R. Gibson.
*NOTE:
Commissioner.Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on this item.
rt
01
MAY2 4
2. CHANGE OF ZONING CLASSIFICATION - 101-165 W. FLAGLER
STREET FROM C-4 TO GU, DADE COUNTY APPLICANT.
OBJECTORS:
Joel Jaffer
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 BLOCK 114N, MIAMI
(A. L. KNOWLTON) (B-41), BEING APPROXIMATELY 101-165 WEST
FLAGLER STREET, FROM C-4 (GENERAL COMMERCIAL) TO GU
(GOVERNMENTAL USE 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 ARTI-
CLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAIN
ING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of April 30, 1979, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Lacasa, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8938 .
The City Attorney read the ordinance into the pulD3.i.c record arid announced
that copies were available to the members of the City Cornmissior: and to the
public.
*NOTE: Corrtmissione,.- Gordon was absent on roll call but later requested that
the Clerk show her as voting 3.'n the affirmative on this item.
rt
02
M
NAY 24 1979
3. CHANGE OF ZONING CLASSIFICATION - 1301 N.W. 27 AVE.
FROM R-4 TO C-4 - WHEELER -WALKER INC., APPLICANT.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE N0. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON-
ING CLASSIFICATION OF W 29.98' OF E177.93' OF TRACT "A",
SHADY OAKS (44-20), BEING 1301 N.W. 27TH AVENUE, 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 THE 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 PROVISION.
Passed on its first reading by title at the meeting of April 30, 1979, was
taken up for its second and final reading by title and adoption. On motion. of
Commissioner Lacasa, seconded by Commissioner Plummer, the Ordinance was,
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodoer R. Gibson.
THE ORDINANCE WAS DESIGNATED ORDINANCENO. 8939.
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.
*NOTE:
Commissioner Gordon was absent on roll call but laterrequested that
the Clerk show her as voting in the affirmative on this item.
MAY 2 4 19 7 9
4. AMEND ORD. 6871, ARTICLE IV, SECTION 11.1 (4-A) -
PRIVATE ROADS TO PERMIT "T" TYPE TURNING AREA.
•
OBJECTORS:
Joel Jaffer
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE IV, GENERAL PROVISIONS, SECTION 11.1,
PRIVATE ROADS, BY ADDING A NEW SUBSECTION (4-A) TO ALLOW
A "T" TYPE TURNING AREA; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY
ARE IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of April 30, 1979, was,
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, 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 Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner: (Rev.) Theodore R. Gibson.
THE ORDINANCE WAS
DESIGNATED'ORDINANCE NO. 8940.
The City Attorney read the ordinance into the public record and announced:
thatcopies were available to the members of the City Commission and to the
public.
*NOTE: Commissioner Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on this item.
MAY24 197
5. AMEND 6871, ART. XXI-3, SECTION 10(6)(A) - CORRECT
SPACING FORMULA, SPD-1, CENTRAL ISLAND DISTRICT.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CORRECTING THE
SPACING FORMULA FOR BUILDING SITING IN THE SPD-1 CENTRAL
ISLAND DISTRICT, BY DELETING PARAGRAPH (a), SUB -SECTION (6),
SECTION 10, ARTICLE XXI-3, SPD-1 CENTRAL ISLAND DISTRICT,
AND IN LIEU THEREOF SUBSTITUTING A NEW PARAGRAPH (a), AS
HEREINAFTER SET FORTH; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
Passed on its first reading by title at the meeting of April 30, 1979, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, 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 Rose Gordon *
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr..
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner. (Rev.) Theodore
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8941.
The City Attorney read the ordinance into the public record and: announced
that copies were available to the members of the CityCommission and to the
*NOTE:. Commissioner, Gordon was absent on roll call but later requested that
the Clerk' show her as voting in the affirmativeonthis item.
1
MAY24 1979
6. CHANGE ZONING CLASSIFICATION - 160-180 S.W. 11TH
STREET & 1105-1133 S.W. 2ND AVENUE FROM R-4 TO GU.
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 LOT 8, LOTS 9 THRU
12 LESS WEST 10 FEET THEREOF, AND NORTH 75 FEET OF LOT
13-12, BLOCK 85S, MIAMI HEIGHTS (5-29), BEING APPROXIMATELY
160-180 S.W. 11TH STREET/1105-1133 S.W. 2ND AVENUE, FROM
R-4 (MEDIUM DENSITY MULTIPLE) TO GU (GOVERNMENTAL USE),
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 PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice . Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
The City Attorney read the ordinance into the public record and announced
that copies were available to the membersof the city commission and to the public.
*NOTE: Commissioner' Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on, this item.
NAY 14 1> 979
7. GRANT PERMISSION TO CONSTRUCT AND OPERATE FIRE
STATION #4 AT APPROXIMATELY 160-180 S.W. 11TH STREET
AND 1105-1133 S.W. 2ND AVENUE.
OBJECTORS:
Joel Jaffer
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-385
A RESOLUTION GRANTING APPROVAL OF GOVERNMENTAL USE TO CON-
STRUCT AND OPERATE FIRE STATION #4, ON LOT 8, LOTS 9 THRU
12 LESS WEST 10 FEET THEREOF, AND NORTH 75 FEET OF LOT 13-1,
BLOCK 85S, MIAMI HEIGHTS (5-29), BEING APPROXIMATELY 160-
180 S.W. 11TH STREET/1105-1133 S.W. 2ND AVENUE, PER ARTI-
CLE XXI-2, SECTION 3(1-2), OF THE CITY COMPREHENSIVE ZON-
ING ORDINANCE NO. 6871, AS AMENDED, ZONED R-4 (MEDIUM
DENSITY MULTIPLE), PROPOSED TO BE REZONED TO GU (GOVERN
MENTAL USE), SUBJECT TO THE TERMS AND CONDITIONS AS HERE-
INAFTER SET FORTH.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
and adopted by the following vote -
AYES:
the resolution was passed
Commissioner Rose Gordon*
Commissioner:: Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
*NOTE: Commissioner, Gordon was absent -on roll call but later requested that
the Clerk show her as voting in the affirmative on this item.
rt
MAs4 1979
8. CHANGE ZONING CLASSIFICATION - 2401-2421 S.W. 4TH
STREET 6 310-312 BEACOM BLVD. FROM R-1 AND R-2 TO GU.
OBJECTORS:
JOEL JAFFER
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIZE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION OF LOTS 181 THRU 183
AND LOT B, BEACOM MANOR (98-121), AND LOT 150 (PT. W. OF
BEACOM BOULEVARD), KENILWORTH REVISED (5-115), AND EAST
198 FEET OF RESERVED PLAT OF CENTRAL PARK (5-57) SOUTH OF
BLOCK 14, BEING APPROXIMATELY 2401-2421 S.W. 4TH STREET/
310-312 BEACOM BOULEVARD, FROM R-1 (ONE -FAMILY) AND R-2
(TWO-FAMILY) TO GU (GOVERNMENTAL USE), 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 PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa
and passed on its first reading by title by the following vote
AYES: Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer,Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
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.
*NOTE: Commissioner Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on this. item.
9. GRANT PERMISSION TO CONSTRUCT AND OPERATE FIRE STATION #14
AT 2401-2421 S.W. 4TH STREET & 310-312 BEACOM BOULEVARD
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-386
A RESOLUTION GRANTING APPROVAL OF GOVERNMENTAL USE TO CON-
STRUCT AND OPERATE FIRE STATION #14 ON LOTS 181 THRU 183
AND B, BEACOM MANOR (8-121), AND LOT 150 (PT. W. OF BEACOM
BOULEVARD), KENILWORTH REVISED (5-115), AND EAST 198 FEET
OF RESERVED PLAT OF CENTRAL PARK (5-57) SOUTH OF BLOCK 14,
BEING APPROXIMATELY 2401-2421 S.W. 4TH STREET/310-312
BEACOM BOULEVARD, PER ARTICLE XXI-2, SECTION 3 (1-2),
ZONED R-1 (ONE FAMILY) AND R-2 (TWO FAMILY), PROPOSED TO
BE REZONED GU (GOVERNMENTAL USE); SUBJECT TO LANDSCAPING,
SITE AND DEVELOPMENT PLAN APPROVAL BY THE PLANNING DEPART-
MENT; AND SUBJECT TO THE TERMS AND CONDITIONS AS HEREINAFTER
SET FORTH.
(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 Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor:J.L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None. ABSENT: Commissioner (Rev.) Theodore,R. Gibson.
*NOTE: Commissioner Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on this item.
MAY 24 1970
10. AMEND 6871, ARTICLE XXVI, BASE BUILDING LINES -
CHANGE ZONED STREET WIDTH OF N.E. 1ST COURT BETWEEN
N.E. 51ST & 52ND STREETS FROM 20' TO 50'.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY DELETING SUB -PARAGRAPH (73-C) IN ITS ENTIRETY,
SECTION 1, BASE BUILDING LINES, ARTICLE XXV, AND IN-
SERTING IN LIEU THEREOF A NEW SUB -PARAGRAPH (73-C), AS
HEREINAFTER SET FORTH; BY REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAIN-
ING A SEVERABILITY PROVISION.
Was introduced by Commissioner Lacasa and seconded by-Commissioner"Plummer
and passed on its first reading by title by the following vote -
AYES: Commissioner Rose Gordon*
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice . Ferre
Theodore R. Gibson.
NOES: None.
ABSENT: Commissioner
(Rev.)
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.
*NOTE:
rt
Commissioner' Gordon was absent on roll call but later requested that
the Clerk show her as voting in the affirmative on this item."
MAY t 4 7
11, APPLICATION TO CHANGE ZONING CLASSIFICATION -
UNPLATTED PARCEL ON VIRGINIA KEY FROM R-1 TO WR TO
PERMIT GOODYEAR BLIMP BASE.
Mayor Ferre: Are there any objectors on Item 11? Your name and address for
the record.
Mr. Joel Jaffer: Joel Jaffer, 3268 Mary Street. I'm objecting to this be-
cause although you all say it's for the blimp there is no conditions on a
zoning change and I'm just worried that this area might be used for marinas;
or other activities which aren'tconsidered at this time.
Mr. Plummer:. Well wait a minute, I, heard a very startling thing the other
day. Is:this, in fact, for the blimp?.:
Mr. Robert;, Davis: The property in question; has neverbeen zoned, it, there-
fore, being unzoned takes the R-1 zoning. The County has leased this property.
to Goodyear and Goodyear wishes to put their blimp base there. W-R is thee.
only zoning in the. City which accepts a blimp base as a permitted use.
Mr. Plummer: Well, Bob, let me tell you what I've got concern about. I think
anybody loves motherhood, hot dogs and Lacasa's roast beef which I didn't get
any of. But I want. to tell you what really shook me up the other day. I
heard on a TV program that they are, in fact, proposing to build a shed, and
that's the terminology that was used, some 230 feet long to put this blimp
in.
Mr. Davis:`
I'll show you the
Commissioner.
Mr. Plummer: Well, let me tell you something,you know that's afar;cry.
First of all I'm at a loss to understand why they must build a shed, they've
operated, at, Watson Island for years without a. shed.
Mr. Fosmoen:• They used Opa Locka, they have previously
Mr. Plummer:, Mr. Fosmoen, you're a newcomer to this town and I've been here
quite a long time: and they only went to Opa Locka after they felt there was
a problem in Watson Island. For years, my friend....
Mayor Ferre:
mr. Plummer: Well, I don't know, where is the shed?
Mr. Fosmoen:, I'm sorry, Commissioner, but they did use during
stay at Watson island the hanger at:Opa Locka for repairs.
Mr.
ow me where the shed is.
Plummer: Well which they can still do.'
Mr. Fosmoen: They will not be able to in the future,
•
is proposed for major changes.
ommissioner,=Opa Locka
Mr. Plummer: I don't know. Bob, where is the shed`, proposed?'`
Mayor Ferre: Where is the Goodyear' attorney?'
Mr. Plummer: Where isthe people with, the blimps attorney? It's the other
people, the bliinp attorney + (INAUDIBLE: RESPONSE) Sir, are you the representa-
tive of Goodyear?
Mr. Plummer: All right, do you have anything to show this Commission, sir,
where or what you're proposing?
Mayor Ferre:, The Chair is,. going to' rule that this item is going to be defer-
red,, until we have four members reporting, a valid recommendation by our very
attractive and intelligent City Attorney.
11
MAY 24 1974
Mr. Morrison: We'll have a picture for you once we get back to it..
UNIDENTIFIED SPEAKER: We'll have a picture for you once we get back to it.
Mayor Ferre: We're going to,defer this item.
Mr. Plummer: Mr. Mayor, I might be saving the Commission and this gentleman
some time because I was going to move to defer this item until something is
presented to us
Mayor Ferree Okay do you have something to present to us?
Mr. Plummer:
UNIDENTIFIED SPEAKER: Yes, sir, we do.
Mr. Plummer All right, then I'd be glad to wait.
Do you have any plans or anything, sir?
Mr. Charles Morrison:
Ms. Hirai:
I'm very happy that
you're going to defer this but.
Your name and address for the record, please
Mr. Morrison: Charles Morrison, 11928 S.W. 38th Terrace. .;>I'm .a' Dade County
School Teacher and I.;just found about this rezoning meeting at the last minute
today asevidenced from my attire, I came straight from work, I teach out-
doors as a matter of fact. Mr. Plummer, you're entirely right....
Mr. Plummer: Excuse me, but the Mayor has iridicated this matter is deferred
and your conversation andmine shall be deferred until such, time asit's
brought back up.
Mr. Morrison: May I ask one favor? Would you please notify the public of
the next rezoning meeting?
Mayor Ferre: It's going to be heard tonight, we're going to hear it in a
little while.
Mr. Plummer: Defer it until a full Commission.
12. AMEND 6871, ARTICLE XXVI,"SPECIAL YARD DISTRICTS BY
REQUIRING A YARD DEPTH OF NOT LESS THAN 100'.
OBJECTORS:
Joel Jaffer
NOTE: Commissioner Gordon entered the Meeting at 7:00 O'Clock P.M.
Mrs. Gordon: I want to ask a question of the Department, Whip. I received
a letter, and I don't have the letter so I can't tell you whose signature
was on it and it said, the letter said they were supporting the 70 feet over
the 100 feet because the 100 feet would permit some future group of people
to decide to plat the 100 feet into separate buildable lots.
Mr. Richard Whipple: Commissioner Gordon, the letter was from Mr. Pyms who
is the: property owner with Stonehedge Apartments and I don't have it right
in front;of me. He in essence, he feels that the 70 foot is a proper guard
restriction as opposed to the 100 and his suggestion in the letter was that
if'you go 100 perhaps the pressure would be on to allow a 100 X 100 foot lot.
to develop right on Bayshore.
Mrs. Gordon: Uh huh, he's got a point to that particularly since it's an
R-lb District and that requires 10,000 square feet and that would be the size
for a particular site, a lot, you know.
Mr. Whipple: Well, except that what the proposal is both in the
100 feet, that there shall beano development within that area.
Mrs. Gordon: Yes, but don't forget you know what we do somebody else can
undo and I personall
y y would prefer going back to a depth that would make it
not feasible to plat at any time in the future.
rt
;Mw124 1979
Mr. Whipple: Well, with all due respect, somebody later on with the 70 foot
could still come in and ask for a variance for development.
Mrs. Gordon: That is much more unlikely to happen than the other because of
the requirement for 10,000 square feet is another, they'd have to go really
manipulating around the whole bunch you know, they'd have to get 150 foot
front in order to do that.
So, Mr. Mayor, I would suggest that we reconsider
the request which we made about the 100 feet thinking that that was....
Mayor Ferre:
Mrs. Gordon:
Seventy-five even, we can do anything less than the 100 I believe.
Mayor Ferre: Well, I still don't understand why you don't want a hundred,
isn't that better,. Rose, than 75?
Well, do you want to leave it at 70?
Mrs. Gordon: It would seem that way but itisn't really because the 100
would permit some future Commission or whatever to make a platted lot outgo
that 100 foot.
Mr. Davis: I might add if I may, Mr. Mayor, thatif the new lots were formed
they would leave thelots behind that with no street
fronntagen e hichnjustots
couldn't occur so I new street to b
would haveput
and the existing lots.
well, you are talking about.` things that are not impossible to
Mrs. Gordon:
have.
Mr. Davis:
Of course, nothing is impossible but it would be another
deterrent.
Mr.,Jaffer: Mr. Davis,. they. could just put in a"foot path toget the
frontage that your department requires for replatting.
Mrs. Gordon: I would like to amend this 100 feet to something less than 100
feet, I'm going to ask the `Department .to give me another number because the
100 leaves it open to future violations.
Mr. Whipple: Commissioner Gordon, you understand that this Commission has.
passed on Second Readinga 70 foot requirement for'.a yard district in this
;- area, that is if you will law, it is done.
Mrs. Gordon: That's
Mr. Whipple That's on the books now. And the Commission asked us to
street
a hundred feet, we did consider, and as....
Mrs Gordon: Okay. I move to defer this item for further, thought.
On motion of. Commissioner Gordon, seconded by Commissioner Lacasa,
the
preceding item was deferred n nMrfor
PlfummereandtMayorbyFerre. NOES None.
vote -AYES: Mr. Lacasa, Mrs. Gordo
ABSENT: Commissioner Gibson.
rt
13
►Y 24 1979
13. CHANGE ZONING CLASSIFICATION ON SOUTHEAST SIDE OF
MICANOPY AVENUE FROM R-1 TO R-1B.
Mr. Gary Greene of 3617 Bay View Road appeared representing the Coconut Grove
Civic Club and requested that the Planning Department make a presentation to
the board before taking this ordinance up on Second Reading so that they
might take a position on it.
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 PROPERTIES ABUTTING
AND ON THE SOUTHEAST SIDE OF MICANOPY AVENUE IN COCONUT
GROVE, FROM R-1 (ONE FAMILY) TO R-1B (ONE FAMILY); 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 RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner
and passed on its first reading by title by the following vote
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice . Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
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.
14. APPLY ARTICLE XXI-4 OF 6871, COCONUT GROVE OVERLAY
DISTRICT (SPD-2) TO SOUTHEAST SIDE OF MICANOPY
AVENUE.
Mr. Joel Jaffer: Aside from the SPD District that was approved along with the
70 foot setback last month or whenever it was, is there presently a SPD Dis-
trict in this area of Coconut Grove right now aside from the one that was passed
with the 70 foot setback.
Mayor Ferre: Dick?
Mr. Whipple: There is not an SPD, there is a Special Yard District, SYD,#43
which establishes, an average alignment of setbacks along the north northerly
side of Bayshore Drive of average alignment and our recommendation to you at
that time was that it be a uniform Special Yard District of 70 feet of which
you have adopted.
Mayor Ferre: Did the Department
Mr.
Mrs. Gordon: No, are you recommending.13.c.? That's
Mx. Whipple: No, and let me stand corrected slightly. We did not recommend
the,R-1B on the Micanopy portion either, I indicated that we did. The Plann-
ing Advisory Board was concerned that the part 3 regarding the SPD Special
Yard District as to site plan approval was an excessive burden on property
owners in this area and on that basis they had a split vote.
Mr. Jaffer: I thought they were worried about people conglomerating
ies and making it easier to develop Planned Area Developments.
rt
MA124 1979
ro
Mr. Plummer: This would stop it would it?
Mayor Ferre: Well, i think we perhaps had better wait for Father Gibson and
have a full Commission on this.
Mrs. Gordon: The question - Okay, I'll hold it for later - but the point I`
wanted toknow is is there a lot of objection from the neighborhood?
Mr Whipple: No, ma'am, there was. not.
Mayor Ferree. Are there any objectors present on 13.c. other than you? Are
there any objectors present?
Gordon: You don't count, Joel.
and, give`. us yourname and address for the.
Mrs.
Mayor Ferre: Okay, Joel, go ahead
record and your objections.:
Mr. Jaffer: I still say that an SPD District even with site plan approval is
still -worse-than.no district at all. That's
' my objection:_.. ..
Mr. Plummer:
Well you're speaking for it then.
'm speaking a ainst it. I don't want the SPD District in
Mr. Jaffer: No, I g
that area at all.
Mayor Ferre: Okay, we're going to come back to it. Let the record reflect
Mr. Jaffer's objection on 13.c.
15. PLAT ACCEPTANCE - "JAMESTOWN CENTER".
Mayor Ferre: Are there any objectors? All right, Mr. Jaffer.
Mr. Joel Jaffer: 3268 Mary Street. I have two objections to this, the first
is the platting procedure of the City. Now I think there were five public
hearings on this plat and according to the ordinances of the City and the Zon-
ing Ordinance, all these public hearings had no affect at all. And the only
thing that has any affect is what we're voting on right now and by having all
these public hearings and giving people the idea that they had some voice in
it you tired them out so that I'm the only one left here to speak tonight
against this. Now the reason that street closures go to the City is because
they were dedicated for the perpetual use of the City and the City may not
want to discontinue their use. That's why you all vote on it. And at this
time I'm representing 17,900 citizens of the City of Miami who did not want to
see those streets closed and they submitted a referendum to the City Commis-
sion and in that sense those people who signed those petitions have an inter-
est in these streets as much as the City Commission does and those signatures
aren't on that plat and mine isn't and we're objecting to the approval of this
plat.
Mrs. Gordon: You know Mr. Jaffer has a point in what he's saying that has
troubled me over the many years that I've been involved in the Planning and
Zoning processes and here as a Commissioner and that is the authority we dele-
gate to the Plat and Street Committee, that we are told in essence here we
cannot vote against their recommendation, they're Gods. Yes, because you know
that that very critical issue which came•up on South Bayshore Drive which would
have permitted a development to be made 15 feet from Bayshore Drive that this
Commission with my negative vote passed that plat even though, I'm sure, you
know they did it mostly because they were told they had to rule on it, they
had to approve it - it's mandatory.
Mr. Whipple: Commissioner Gordon, there are two things: (1) with respect to
the. South Bayshore Drive or Bayview Plat that was one certain condition hav-
ing to do with• the replatting of land not the vacation of any streets. Okay?
The plat before you tonight had to do with vacation of streets of which this,>.
Commission previously approved, and having approved the plat is being submit-
ted before you closing those streets which is (1) a requirement by the .City
of Miami Code and in my opinion, and you can check. with the legal department,
15
rt
MAY 24 197 9
a requirement of the State of Florida that any vacating of public rights -of -
way has to go through this process and be accepted by this body.
Mr. Jaffer: Which process are you talking about?
Mr. Whipple: The process of 'platting and replatting. You cannot close a.
street just by saying "Poof", the street is closed. .-You must go through a
legal proper action set forth by. the City of Miami Code and the State Coder
and you can check with the Law Department on that.
Mr. Jaffer: Although Mr. Whipple I don't think answered your concerns, Rose,
I would further like to say that the Plat and Street Committee makes it a
point to ask for a dedication on almost every plat that goes in before them
and numerous other easements and things which are unreasonable. Many times
power lines, you know trees grow on properties near the edges of property
throughout the City so they ask for a ten foot easement on the edge of a prop-
erty for power lines so then they can cut these trees within I think 5 feet
of the power lines and on this plat in particular I'm objecting to this plat
because five feet are dedicated on Mary Street and those are most of the
trees on Mary Street are within 5 feet and whereas the private developer
would have to break the law to chop down these trees although I'm sure he
wouldn't hesitate in doing it the City can chop down the trees a lot easier
if it's in their right of way and it's another reason why I'm objecting to
this plat in particular and also the platting process within the City. There
may be even more than five feet,,I don't know.
Mr. Davis: If I may remind the Commission just of one thing. The Plat:and
Street Committee sits for one purpose only and that is to..assure that the plat
submitted for City approval meets all the laws of the City, the County and
the State, it serves no other function than that. It makes no subjective
judgements, it serves that purpose and that purpose only.This plat is recom-
mended for City Commission signature because it'does meet all the laws of the
City, County and State and the subject of the street closure has beensettled
by this Commission, the Plat, of course, was subject to that closure of the
street. by this City Commission, that's the position that has been before'you.
Mr. Jaffer: The law to which Mr. Davis is referring is Section 54-20 of the
Code of the City of Miami and it says that the Department of Public Worksmay
request dedications or easements upon the surveying and upon the. Director's
request or his whims and there's nothing that says that they shall request
dedications oreasements and as brought out before by the thing in the.Coral
ReefYacht Club many; times they don't even listen to the Commission's explicit
directives to the Department of Public Works in some of these matters.
Mr. Whipple: Mr. Mayor, I respectfully suggest that the City of Miami Code
of which Mr. Jaffer has cited has nothing to do with the opinion of street
closures. The City of Miami Code indicates that any street closure has to
come before this body and be approved, and in doing so any street closure has
to be recording of the plat. And you have approved the street closure and
before you is a plat to, be recorded. So what Mr. Jaffer cited with respect
to dedication let me duly say there are no power lines within this right-of-
way and there are no trees within this right-of-way.
Mr. Jaffer: Within 5 feet of Mary Street aren't any trees? Oh, you must mean
those big bushes that aren't legally trees, is that it?
Mr. Whipple:
Mayor Ferre: All right,
there any further discussion on this item?
The following resolution was
moved its adoption:
RESOLUTION -NO.
A RESOLUTION ACCEPTING THE PLAT ENTITLED JAMESTOWN CENTER,
A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDI
CATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the. Office of the City Clerk.)
16
rt
MAY24 1979
Upon being secondedby
and adopted by the following vote-
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner (Rev.
Theodore R. Gibson.
1r
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote
AYES: Mr. Plummer, Mr. Lacasa and Mayor Ferre.
NOES: Mrs. Gordon
ABSENT: Rev. Gibson.
Mr. Jaffer: Mr. Mayor, I took the liberty this morning to file a Notice of
Appeal in the Third District Court concerning this item and this time I`d like
to file it with the Clerk of the City of Miami.
Mayor Ferre: Go right ahead.
16. ACCEPT GRANT OF PERPETUAL EASEMENT FROM INTERCAP
INVESTMENTS, INC.
Objectors:
Joel Jaffer
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTIONNO. 79-388
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY
OF. MIAMI TO ACCEPT AND RECORD A GRANT OF PERPETUAL EASEMENT
FOR PEDESTRIAN PURPOSES, FROM INTERCAP INVESTMENTS INC.,
.AND PROVIDING SUCH INSURANCE AS IS NECESSARY TO INDEMNIFY
THE. CITY FROM ALL LIABILITIES.
(Here followsbody of resolution, omitted here and on file
in the Office of, the City Clerk.)
Commissioner Plummer, the resolution was
Passe
MAC' 84 1b7 9
17. PLAT ACCEPTANCE - "INTERCAP SUBDIVISION".
Objectors:
Joel Jaffer.
The following resolution was introduced by Commissioner Lacasa, who
moved its adoption:
RESOLUTION NO. 79-389
A RESOLUTION ACCEPTING THE PLAT ENTITLED INTERCAP SUVDIVI-
SION, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE.
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECT-
ING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
adopted by the following vote -
AYES:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
the resolution was passed
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
18. ACCEPT GRANT OF PERPETUAL EASEMENT FROM FORTE
PROPERTIES, INC.
OBJECTORS: Joel Jaffer.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-390
A`RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY
OFMIAMI-,TO ACCEPT AND RECORD A GRANT OF PERPETUAL EASEMENT
FOR PUBLIC STREET PURPOSES, FROM FORTE PROPERTIES, INC.,
AND PROVIDING SUCH INSURANCE AS IS NECESSARY TO INDEMNIFY
THE CITY FROM ALL LIABILITIES.
(Here foliows body of resolution, omitted here and on
in the Office of the City Clerk.)
Upon being seconded by Commissioner Lacasa,
and adopted by the following vote-
Commissioner: Rose Gordon
Commissioner Armando Lacasa.
Vice -Mayor J. L. Plummer,' Jr.,_;
Mayor Maurice A. Ferre
AYES
NOES: None:
ABSENT: Commissioner (Rev.)
Theodore R. Gibson.
file
the resolution was passed
8
MAY 2 4 107
19. PLAT ACCEPTANCE - "FORTE PROPERTY SUBDIVISION".
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 79-391
A RESOLUTION ACCEPTING THE PLAT ENTITLED FORTE PROPERTIES
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHOR-
IZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO
EXECUTE THE PLAT.
(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 adoptedby the following vote -
Commissioner Rose Gordon
Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer,Jr..
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner (Rev.) Theodore R. Gibson.
20. AMEND 62-20 OF THE CITY CODE BY EXTENDING THE TERMS
FOR PLANNING ADVISORY BOARD AND ZONING BOARD MEMBERS.
NOTE: Commissioner (Rev.) Theodore Gibson entered the Meeting at 7:30 P.M.
The City Commission heard from staff members Bob Davis and Joe Mc Mannus
and also Grace Rockefeller and Joel Jaffer before adopting the following
motion:
The following motion was introduced by Mayor Ferre who moved
its adoption:
MOTION NO, 79-393
A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION TO
EXTEND THE TERMS OF THE PLANNING ADVISORY BOARD AND ZONING
BOARD MEMBERS TO A MAXIMUM OF THREE 3-YEAR TERMS NOT TO
EXCEED A MAXIMUM OF ELEVEN YEARS OF SERVICE.
Upon being seconded by Commissioner Lacasa, the motion was passed and
adopted by the following vote -
AYES: Commissioner Armando Lacasa
Vice -Mayor J. L. Plummer, Jr
Mayor Maurice A. Ferre
NOES:
rt
Commissioner (Rev.) Theodore Gibson
Coiunissioner Rose Gordon.
,MHO 24 1979
22. AUTHORIZE AGREEMENT WITH MIAMI SUMMER BOAT SHOW FOR
USE OF COCONUT GROVE EXHIBITION CENTER 6 DINNER KEY
MARINA.
The following resolution was introduced by Mayor Ferre, who moved its
adoption:
RESOLUTION NO. 79-394
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON
BEHALF OF THE CITY, AN AGREEMENT WITH MIAMI'S SUMMER BOAT
SHOW, A DIVISION OF POSITIVE RESULTS, INC., FOR THE USE
OF COCONUT GROVE EXHIBITION CENTER AND CERTAIN SLIPS AT
DINNER KEY MARINA, FOR PRESENTATION OF FIVE SUMMER BOAT
SHOWS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS CON-
TAINED IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Uponbeingseconded by Commissioner Gibson, the
adopted by the following vote -
AYES:
NOES: None.
resolution was passed
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: Commissioner Rose Gordon.
and
22. APPLICATION TO CHANGE ZONING OF CORNER OF VIRGINIA
AND OAK STREETS FROM R-2 TO C-2A.
The City Commission took up Agenda Item #5, an application by Charles
Gottlieb to change the zoning of the corner of Virginia and Oak Streets from
R-2 to C-2A. The Commission heard from the applicant, Mr. Gottlieb, Hernando
Acosta, the architect for the project and objectors Ralph Aaron, Joel Jaffer,
John Mc Daniel and Ira Levenshon before adopting the following motion:
motion was introduced by Commissioner Gibson who moved
MOTION NO. 79-395
A MOTION DEFERRING CONSIDERATION OF A CHANGE OF ZONING
CLASSIFICATION AT THE CORNER OF VIRGINIA AND OAK STREETS
FROM R-2 TO C-2A TO GIVE THE APPLICANT AN OPPORTUNITY
TO CONTACT ADJACENT NEIGHBORS AND TRY TO REACH AN
AGREEMENT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer,' Jr.
Mayor Maurice A. Ferre
NOES:
Commissioner Rose Gordon..
rt
20
NAY 24 1979
23. AUTHORIZE ISSUANCE OF DEVELOPMENT ORDER, APPROVING WITH MODI-
FICATIONS THE BALL POINT PROJECT, A DEVELOPMENT OF REGIONAL
IMPACT - TRACT D, DUPONT PLAZA (50-11).
rb
Mayor Ferre: Alright, we are now on the neat agenda items whicti is Item #6,
which is the application by the Hollywell Corporation.
Mr. Reid: Good evening, Mr. Mayor and members of the Commission, my name is
Jim Reid for the record, the Director of Planning for the City of Miami.
I
would like to briefly for the Commission discuss the scope of this project,
outline the steps that have been taken so far and then review with the Commission
the items that are part of the development order that has been prepared by the
Planning Department on the project. The item before us is the request of the
Hollywell Corporation in terms of an approval of a development order for Tract
D, more popularly known as the Ball Point area. And we have graphic here of
Tract D. The development order requested eight hundred five thousand four
hundred square foot office building.
21
MAY 24 1979
Mayor Ferre: Jim, after you have done all of that, I would like for the
drawings to be referred so that the members of the public could also see.
Mr. Reid: Certainly. It requested a hotel of six hundred thirty units and
requested a condominium, including a condominium tower and some other units
at ground level of five hundred dwelling units and included within the
development is eighty-five thousand square feet of retail and parking spaces
for two thousand three hundred sixty-five cars. This development is a
development of regional impact and as such was reviewed on May 7th, by the
South Florida Regional Planning Commission. The Planning Commission approved
the development with conditions... the Planning Commission's conditions are
incorporated in the development order that is now before the City Commission
and I will review those conditions. On May 16th the application was approved
by the Planning Advisory Board, again adopting the development order that
was recommended by the Planning Department. On May 21st the Zoning Board
granted a variance on the height of two of the buildings in the project, the
hotel and the office. They didn't consider the condominiums at that time.
What went before them was simply the office tower and the hotel granted a
height variance and granted a conditional use permit for parking both of
which requirements are a part of the requirements of our C-3 zone. The overall
project covers 8.46 acres and has a FAR an overall density of 6.36. About
four thousand four hundred eighty people will be employed there and the population
in terms of employment and residency is expected to be about five thousand
seven hundred people on a average daily basis. The major concern before the
South Florida Planning Commission was that of traffic. How would in the
absence of permanent solutions being provided to the Dupont Plaza area, how
would traffic in the interim be dealt with? And to deal with this concern they
attached a condition that the developer would have to come up with interim
traffic solutions before the project could go forward to construction of the
buildings and the parking spaces and that this solution would have to be agreed
to by Dade County DOT and by the City of Miami Public Works Department with
the proviso that a share of the cost of the solution an equitable share would
be paid by the developer. So the major concern before South Florida was the
traffic and that is dealt with in their development order and ours by attaching
this particular condition. The project upon completion will provide annual
revenues to the Region in excess of twelve million and including City revenues
of five million three hundred eighty thousand eight hundred forty-four dollars
as estimated by the South Florida Regional Planning Commission. It is consistent
with the Miami Comprehensive Neighborhood Plan and as I said with the Zoning
Ordinance with the exception of the variance and the conditional uses that have
been approved. Now, very quickly in terms of the conditions that we have attached
to the development order. For one thing, the developer has been asked to provide
an easement to twenty foot walk -way around the River and that is in the light
manila color here along the River Walk, so that there is a twenty foot easement
that is provided in the order and by the developer. Actually, if you will notice
the area that's above the easement area is also open space area so that the
average size of the distance between the water and the development is thirty-
eight feet, but we are mandating that a twenty foot easement be provided. We
have also in our conditions suggested that the appropriate landscaping be placed
along the River Walk and those pedestrian benches, that kind of thing, so that
it would be an attractive place. And that is a condition to really try and
promote activities along the River Walk and make it encouraging to pedestrians
so that it could be used by citizens of Miami. This will be a public walk -way.
The Second condition that we have attached relates to Biscayne Boulevard and
how the projects relates to Biscayne Boulevard itself. And we have suggested,
that in particular that the parking structure as the building fronts on
Biscayne, that attention be paid to landscaping so that the bulk of the
building can be ameliorated through a sound landscaping treatment. The order'.
requires that the developer, the Hollywell Corporation must come to the City
with a detailed landscape plan to be approved by the Planning Department and
the Public Works Department before building permits can be issued. So there
is an ability to enforce this condition with respect to that step. We have
suggested that the developer in the interior design of the office space in
the hotel and the condominiums themselves maximize the ultimate the outward
view to the River and to Biscayne Bay, so that, that be considered as an
interior design element. And in fact, as they go in more detail, there
is an open plaza in the building complex if you walk in of some sixty-eight
thousand square feet. And it attempts to open up the design and preserve views
of the Bay and the River from within side the project.
Mayor Ferre: Jim, excuse the interruption, but I see some people here on other
items and I want to... that may not know that they have already been passed.
We passed Item 7, we passed Item 8, we passed 10, we passed 13A and B and we
passed 14, 15, 16, 17, and 18. In other words, the Intercap Subdivision,Item
gl
22
MAY24 197g
16 has been passed. I see a gentleman from Intercap here. So if any of you
are waiting for those things, they have already been passed. Go ahead.
Mr. Reid: If you will notice, I pointed out the three building structures, at
the seventh floor there is a podium and at that level we are suggesting that
appropriate landscaping, heavy landscaping be provided. And again, that
landscape plan to provide shade and make it interesting to people will be part
of the development order. We have suggested as a condition on the assumption
that if a Downtown People Mover route comes through this part of Downtown as
is suggested, in our plans the current Policy Committee recommendation calls
for a double track loop in the Downtown and of course, a station in this area
was part of the alignment that was approved by this Commission already, that
the developer be responsible for providing a pedestrian connection between
the office structure and the People Mover. And also, there would be, of course,
the option for internal movement to the hotel and to the office to make this
access to the People Mover. So there is mandated to the developer that this
pedestrian connection be provided. We have also put in the development order
that if the developer acquires three of the four blocks in the Dupont Plaza
area, that a pedestrian connection be considered between these structures and
any subsequent development that might be built in the plaza. This is just
a consideration in terms of the possibility of future development. Other things,
quickly, we have suggested that the Dade County Historical Survey people be
informed of any excavation so that they can be aware of that taking place.
That the complex source permit in terms of air pollution, be gotten from the
State of Florida, that in terms of Biscayne Boulevard and traffic in the area,
there is an interim traffic solution that is being suggested that the developer
share in the cost of. Precisely what that solution is has not been defined
and it is up to the developer working with the City and County to define it
before the structures can go forward. But as the traffic now flows through
the area for immediate improvements are suggested and those improvements are
to be paid for by the developer. One is a widening or additional laving on
Biscayne. Boulevard between Biscayne Way and second, to provide for movement
in front of the project. The second is a traffic signal at 3rd and Biscayne
Boulevard. The third is two turning lanes onto Southeast 2nd from Biscayne
and appropriate light at this intersection. All of those costs to be paid
for a 100% by the developer.
Mr. Plummer: Well, question?'
Mrs. Gordon:
'.:r. Reid: That
that in the development order Mr. Reid?
is in the development order, yes, Ma'am.
'ors. Gordon:` On what number, I don't see it?.'
Reid: It is point`418 in the development order.
Mr.
Mr. Plummer: Mr. Reid'?
Mr. Reid:
es, sir?
Mr. Plummer:• As you know sir, that is not under the purview of this Commission,
it is under the purview of Metropolitan Dade County Traffic and Transportation..
Has there been any agreement with them that if passed they will do as requested?
Mr. Reid: In terms of those four improvements that I just discussed, they have
been recommended by the Dade County Department of Transportation to the City
and to South Florida Regional Planning and that is why we have incorporated
it in the development order. ,Dade County in terms of looking at traffic movements
generated the request for those improvements and we have put them in the development
order and mandated that the developer pay for them.
:4r. Plummer: Even though I hate to do it, it's safe to assume that since they
recommend it, they will do it at his expense.
Mr. Reid: I think it is safe to assume and Dade County DOT people are here
and they might want to comment on that. But I think it's safe to assume that
if the developer provides the money, that the conditions that they required in
the development order the improvements will take place. Another condition
that has been added is that in the.eventthat in the public interest and because
gl
MAY24 1979
of public policy a River crossing is required at this end of Biscayne Boulevard
and Biscayne Way, that the developer would dedicate this strip of land so that
either a bridge or a tunnel, if that's the public policy, could have the use of
that right-of-way. There is a condition put on Chopin Plaza in terms of
providing two lanes of access into the entrance of the complex and also, in
that condition is that the Off -Street Parking Authority be indemnified for any
loss of parking meters that might occur in making that improvement. A
condition is set with respect to the future Phase II condo development, that
the condominium meet the parking requirements as set forth in the Dade County
Ordinance. It so happens that those requirements are the same ones that we
apply in our Ordinance in areas outside the Downtown and that requirement is
to be made by the developer in terms of direct space as reserved for the
condominium or through self -part, valet, or other mechanisms. There is a
condition that was taken from South Florida with respect to a marine survey
that is required and a condition that was inserted by South Florida when
they considered this development order, that if substantial development does
not take place within two years, the development order is null and void. So
basically, I have reviewed the perimeters of the project, the process thus,
far and the scope of the development order that has been suggested to you
by the Planning staff.
Mrs. Gordon: Where is the two condition? Which one?
Mr. Reid: . I think it's the last item or close to the last item in
•the... it's Item #15, this development order shall be null and void if substantial
development of the site has not begun within two years of the recorded date of
the development order. I believe that was the condition that you 'attached
Commissioner Gordon, after South Florida. . • ,
Mrs. Gordon: Yes, the only difference was the word "substantial" wasadded.
Mr. Reid: Yes, the word "substantial" is in our development order.
• • • .• • . . ••. • , • ' • ' .
Mrs. Gordon: Yes, right. A question now about the widening of Biscayne Boulevard
dedication, is that in here somewhere?
Mr. Reid: Yes, in... the improvements to Biscayne Boulevard are listed in Item
#8.
Mrs. Gordon: Does that include the dedication for street widening?
Mr. Reid: It is included in the development order, yes.
Mrs. Gordon: It's included for dedication for street widening?
Hr. Reid: Well, I believe the dedicated right-of-way is already there. It's
a question of the provision of an additional lane and who were to pay for it.
Mrs. Gordon: Well, no, not the paving particularly, but the traffic plan for
that area was, as I recall, to straighten out the narrowing that takes place
at that area and there be a dedication for street widening there.
Mr. Reid: I believe that the dedicated right-of-way already occurs, but what
is mandated is that the applicant shall pay for that widening and may be the
Attorney for the applicant can clarify that.
Mrs: Gordon: Mr. Gold, can you tell me is there a dedication for street
widening included in this?
Ms. HitaiLYourHnamaandaddress for the record, please.
Mr. Gold: Yes, thank you. For the record my name is Alan
attorney, law office is at 1401 Brickell Avenue. In answer
the answer is "yes". The building was purposely setback to
dedication. It's part of the plans before the Zoning Board
Mrs. Gordon: And it's in the development order Mr. Reid?
Mr. Reid: That's right.
Mrs. Gordon: The dedication of the property to or for the widening of Biscayne
Gold, I'm an
to your question,
provide for the
which were approved.
24 MAY 24 1979
Boulevard that's part of the records now...
Mr. Reid: The development order and point #l8 indicates that the applicant
will fund the improvements to Biscayne Boulevard.
Mrs. Gordon: Fund the improvements and dedicating the property are not exactly.
the same thing, in my book.
Mr. Reid: I understand that. and I was referring to what is exactly in the
development order.
Mrs. Gordon:. Well, then don't you think that needs to be amended to "include
the intent, as it truly is?
Mr. Reid: It is my understanding that thededicated right-of-way in that area
can accommodate the additional lane.
Mrs. Gordon: The applicant has just indicated the willingness
land that's needed for street widening on Biscayne Boulevard
o dedicate the
Mr. Reid: Well, we certainly would be at the will, of the Commission, be glad to
add it to the...
Mrs.
Gordon: You include that into the development order.
Mr. Reid: Certainly.
Mrs. Gordon: Then another thing Mr. Gold. The Southerly extension of what is
now not Biscayne, but you know, next to the Dupont Plaza Hotel, that little
portion of land directly South of it. Will you dedicate that, not only specifically
if there will be a River crossing at that point, but to the City anyway because
there is that strong possibility the City will develop a water transportation
system, water taxis or whatever and that would serve if the City has that title
as a very good station site.
Mr. Gold: This is an issue which we have not discussed, nay I have a moment_
please?
Mrs. Gordon: Of course.
(BACKGROUND CO1ENTS OFF THE PUBLIC RECORD)
Mr. Gold:. The answer is that to the extent that the area is` not-used`for the
bridge as it's talked about and. the City would -like a portion.of.the area -or
the entire area; depending on the size needed for the purpose that you suggested,
•
the dedication: would be given.
Mrs. Gordon: You will dedicate that extension then
would be Biscayne extension.
•
Mr. Gold: Yes
is...
to the extent that you need the land area for whatever size that''
Mrs. Gordon: Well, let's put it into the development order that you are going
to do that and then we know that we can plan to utilize that property for the
public. It will be to your benefit any how, because look, if we put a station
there for water transportation, who is it going to benefit, you. Ok? Alright?
Mr. Gold: We have no objections for any matter which is committed to, to be
part. of the development order for everybody's understanding and clarification.
Mrs. Gordon: Ok, then is it ok we include that then, without any misunderstanding?
Mr. Gold: Yes, we would" just like. to be sure of the wording with you.
Mrs. Gordon: Ok, the property due South of Biscayne Boulevard, that portion
which you own, have a title to, due South, draw a straight line down.n other
wordsit would just give you property a straight line, would be: dedicated
the City together:with the widen of property that you agreed to, ok?
Mr. Gold: To 'the extent that it's necessary for the facility
gl
215 Mk 24 1979
Mrs. Gordon: Well, to the extent that the City will use it for a public
purpose. We are not going to use it for anything else, ok? I mean, look, we
are trying to develop a nice development so it will benefit you, everybody
else. It's going to be good, it will be great, ok? When we have that we can
think about the water taxis, you know. Ok. We will have the stage in sight.
Mr. Gold: The answer is "yes".
Mrs.
Gordon: Thank you. Ok, put that in.,
Mr. Fosmoen: Commissioner, just for our own clarification and if`I can refer
to the snap. (NOT -USING THE MIKE) .
Mrs. Gordon: Yes,: an extension of... yes.
Mr. Fosmoen: It had been discussed as a dedication for a possible tunnel or .`
abridge,
Mrs. Gordon: Sure.
Mr. Fosmoen: ... you are saying that it should be dedicated for public purpose
under any circumstance?
Mrs. Gordon: Yes, exactly right.
Mr. Fosmoen:
Ok.
Mrs. Gordon: So if it's not used for one, it would be used for another, but
whatever purpose it would be a benefit to the developer.
Mr. Fosmoen:
Mrs.
3ordon:;
Mr. Plummer:
Mrs. Gordon:
Mr. Reid: The department has concluded it's opening words.
Or a water taxi station or somethinglike that?''
es, yes, it would be a station for a taxi site.
Le t
me...` are you started, finished?
Mr. "Plummer:
I'm finished, J. L.
Ihave a
question really or two questions.
P Gold: We are, prepared Commissioner, to make a full presentation on many
areas of discussion as part of the development order. We will be prepared to
J that first or answer, your questions first, whatever your pleasure.
Mr. Plummer: Well, Mr. Gold a smart man knows when not to speak. Or let me.
ask you this in reverse. Do you have objections to any of the development order?.
Mr. Gold:. We accept all the conditions.
Mr. Plummer:'` And you are a "smart man?'
Mr. Gold:.
hope so. But to the extent that any Commissioner wishes...
Mr. Plummer:' Then you have concluded?
Mr. Gold: Yes, sir.
Mr. Plummer: Thank you. My question happens to be in reference to parking.
Now, it's only a concern and I want you to understand that my concern is not
just to this project, but to the future of the area. And I want to be assured
in some way, because Mr. Gould is a man that thinks big and I think Downtown
Needs this kind of an individual who does think big. He is proposing and
hopefully, and I say hopefully, to expand this project into a total complex
area, but unfortunately, from what I have read, if that is true, he is not going
to be able to do it as quickly as he wishes. Now, as I read here, you will be
providing on this site about twenty-five hundred sixty-five parking spaces which
six hundred ninety-five are reser.red for the condominium. And in this order it
says that 1.4 self parking spaces per dwelling unit is low. The Dade County
standards would require eight sixty-three. Now, I'm fully aware, sir, that you
gl
26
:1..4Y24 1979
are in a C-3 and in effect have to provide no
comes back to the... let me ask this question
for the total complex? The hotel, the office
parking. The fear that I have . Is the twenty-five sixty-five
and the condominiums?
Hi. Gold: Yes, but there is, I. believe' °Il° reti°n that has to
I , ,
tir. Plummer: Alright, sir.
Mr. Gold: The twenty-five sixty-five was the original number of spaces that
was part of the ADA when we submitted it. It related to the total project
size which included an office building of nine hundred twenty-eight thousand
two hundred square feet. Since the ADA was reviewed, we have reduced the
square footage of the office building to eight hundred five thousand four
hundred square feet, but increased the hotel size from five hundred fifty
thousand square feet to six hundred fifty-eight thousand four hundred. The
point that I'm making is that there has been a cost point reduction of parking
for the office building that has been reduced, so that now it is two thousand
three hundred sixty-five parking spaces or a difference of a hundred ninety-five
spaces from that which you have read.
Mr. Plummer: Alright. My concern Mr. Gold, is this, that on page sixteen you
show that you are going to have a total of fifty-two hundred forty-five employees.
Alright, sir? Now, with the addition of people mover and other things, I
just have some serious reservations about the number of parking spaces. Do
you feel that, that is going to adequately handle, you know, fifty-two hundred
employees?
be
Mr. Gold: The answer...
Mr. Plummer: Your justification is what I'm looking for.
Mr. Gold: Yes, sir. The answer is "yes". And we would like to present the
Justification in two Parts. First we would like to explain our approach and
rationale on the parking. And I asked Mr. Nester, Vice -President of Hollywell
to do that. Second, in prior hearings Mr. Kenzie has had the opportunity to
address some of the concepts of development in the area as it relates to pavking
and I would appreciate if perhaps he could add his comments in this regard
that may be helpful.
Mr. Plummer: Thank you.
Mr. Gold: I understand Mr. Doyle Clear, who is our parking... well, traffic
consultant overall... Mir. Clear is of Barton/Ashman from Washington and as
worked very closely with us in this project and he would like to address this
question, sir.
Mr. Clear: On the position of parking...
Mr. Plummer: For the record your name and mailing address, sir.
Mr. Clear: I'm sorry. My name is Doyle Clear,"c -1 -e -a -r", 1320 Wimbro Court,
Silver Spring, Maryland. The parking demand that we have estimated for this
facility was based upon factors that we derived through meetings with the
Dade County Department of Traffic and Transportation to derive the parking
generation values and the traffic generation for the facility. The demand that
we have estimated is for a peak time during the midday. I agree with you that
there are parking demands if you took particularly the hotel by itself which
has a nighttime kind of demand or the office which has a daytime demand and you
added them all together, you would end up with a number that is above what
we are supplying. But the twenty-three hundred spaces is a peak midday kind
of parking demand. You have a dynamic affect within a multi use development
like this, so that during the daytime the office workers use the parking spaces
and in the evening when you have your bank facilities and your parking demand
generated by the hotel patrons, that they use the same spaces and that's why the
parking garage is designed so that the hotel patrons and the employees of the
office building can use the same facility. They are not two separate facilities.
Mr. Plummer: So what you are sayingis the staggered use is the justification
for the amount of parking.
Mr. Clear: That's right. The staggered use is the Primary reason to get into
gl
that demand which is a peak design day parking demand.
Mr. Plummer: Alright, thank you, sir. Is there anyone here from Dade County
Traffic?
Mr. Rhinard: Mr. Plummer, my name is Dave Rhinard, Dade County Traffic.
Mr. Plummer: .Mr. Rhinard, my concern is not really to this developer, but it
is to this developer and to the total area. We are all aware of really the
confusion that exists there today. Now, this developer hopefully, will go
forth with the other four blocks as well as this development. What is Dade
County at this time willing to do with this added load?
Mr. Rhinard: What we have been trying to do so far as what we call a interim
solution before such time as the Florida Department of Transportation comes
through that area and makes a decision, it makes much greater modifications
to the transportation system and before such time as we assume there will be
a People Mover there and the Rapid Transit System for Downtown... going into
Downtown. The interim improvements we have been thinking about toying with,
we have not fully resolved the details of them. A few of them are mentioned
here. What we would like to do would be to basically work on South 3rd Street,
reverse it. In other words, leave it running East bound like it does in the
morning, but perhaps reverse it in the evening and run it West bound and right
up behind I-95 ramp.
Mr. Plummer: Well, let me try to simplify the question or simplify the answer.
Mr. Rhinard: If we had the money to do it and we believe there is a possible
solution. The details haven't been worked out yet.
Mr. I'lurnmer: Does the Department of Traffic and Transportation with Metropolitan
Dade County feel comfortable that you can cope with the additional load?
Mr. Rhinard: We feel comfortable that there appears to be a way around the
problem to sort of hold us over in that period, but what do we do now until
the doctor comes? It is not going to get any better overall, but with some
inodifications, reversals of streets, providing that geometrics can be worked
out and the funding of it can be worked out, it isn't going to get t
worse with the added load of the development, plus the background increases
ch
in traffic that we would anticipate over the next few years as well.
Mr. Plurmner: Thank you, sir. I have no further questions.
Mayor Ferre: Alright, are there any other questions at this point? Do you
have anything elseyou want to add?
Mr. Gold: At the pleasure of the COTIIItliSSI.011, we are prepared to rest unless you
have additionalquestions.
Mr. Plummer: I move Item 6.
Mr. Lacasa: Second.
Mayor Ferre: Alright, there is a motion on itetn 6 and a second. Alright,...
Mr. Jaffer: Mr. Mayor, first of all they never turned these around for the
people to see.
Mayor Terre: Oh, I'm so sorry. Could you turn those around Jim? Well, •turn
the others around so everybody could... we wanted to have theta turned around.
Alright.
Mrs. Gordon: Mr. Mayor, are you ready for a motion?
Mayor Ferre: No, there is already a motion on the floor, Rose.
Mrs. Gordon: I didn't hear anyone moving a motion.
Mayor Ferre: Pltmmler m�ved it and Lacasa seconded Item 6's adoption. Now,
what...
28 14Ay.. s 4 1979
Mr. Jaffer:
It's very nice of you to let me speak in opposition to this.
Mayor'Ferre: I always do.
Mr. Plummer: Mr. Mayor, I will withdraw my motion until after Mr. Jaffer an
anyone else if I have excluded, which I do not intend to do. I will removethe
motion from the floor so they can speak.
Mayor Ferre: Go ahead.
Mr. Jaffer: First of all, I would like to address the legal problems with this
application and that with this application you are not playing around with
some stupid City Zoning Ordinances, but State Statutes. And I have searched
the deed records of the County thoroughly and there are still has been no
transfer of title or deed to this property to Hollywell Corporation. I don't
even know who they are. Mr. Ferre, with all due respect I realize you have
been up to Washington and everyone there seems to know who Hollywell is and
things like this, but you know, we are kind of small peanuts up there and I
don't really take that as a serious binding contract for this property or
transfer a title. And they say they have a contract for it, I haven't seen
the contract, it's supposed to be in the Zoning Department files. Now, in the
Circuit Court of the County I set up an appointment with Mr. Davis for a
certain production of items in his office. One of them should have been this
contract for this property and it wasn't there. So I assumed that to mean
that there is no contract for them to buy this property. Even if there was
I don't think it would be legally binding. Now, Section 380.04 of the Florida
Statutes says that "a developer is any person who undertakes development such
as building and improving property", Section 3G of that Statute says that "the
following shall not be taken to involve development". Section G is a change
in the ownership or a form of ownership of any parcel or structure. So,
although you can get by with these option contracts and imaginary owners of
property and zoning contracts, I don't think you can instate the Statutes.
The... we have some more problems with the plans, as Mr. Gold said... by the
way, I have talked to some people who are working on an imaginary sports complex
for the Downtown area in the last few days and I can verify that these things
are strictly imaginary. All these people are working strictly on credit, if
the thing goes fine, it gets built, they get paid. If it doesn't get by then,
they don't get paid and, it doesn't... you should, you know... I realize a lot
of things we do here down at City Hall are imaginary and this I think, is one
of them. Now,...
Mrs. Gordon:[ Joel, what are you worried about, if they don't own it, they don't
build it, you know. You can't put up a building on somebody else's land unless
they. got a title to it, so what are you worrying about.
that happens in other parts of the Grove.
Mrs. Gordon:` If have an objection to the project that's one thing, but don't
worry about the title. They are not going to get any money to be build or anything
else if they don't own the land.
Mr. Jaffer: Alright, I have objections to the new plans that were not approved
by the South Florida Regional Planning Council and although, the Chairman of
the Council wrote a letter saying that these changes weren't significant. I
think they are pretty significant. The change in the parking having two hundred
less parking spaces is significant. You know, they... Although, they say in
their zoning application that they are offering more parking to Downtown and
for the public, they can't even offer enough for their own building. And to
try to justify that in the planning thing, they said that if they had valet
parking they may be able to provide a hundred more spaces. But here they are
taking two hundred less spaces than was already approved by the Planning Council
and I suggest that's pretty significant. Then we have in the office space a...
Mr. Gold says it's a reduction and I seem think it's an increase from eight
hundred five thousand square feet to nine hundred twenty-eight thousand square
feet, an increase of three stories from thirty-nine to forty-two stories and
I think that's pretty significant. The hotel, Mr. Gold already said it's about
a thirty percent increase in square footage and I think that's pretty significant.
The condos, they are very... in as much as they didn't even know what they were
going to do in front of the Zoning Board. In the first Regional Planning Council
thing they have one condo with five hundred dwelling units. Now, they have two
at five hundred dwelling units each and twenty-three stories each and I think
that's pretty significant. This parking podium is something that's been changing
sides, I think, everyday that they have been discussing. It's now somewhere
between three and six stories. The most important thing is that on page 29
gl
29
MAYI4 1979
of the planning survey it says that "there shall be sixty percent vista
areas such as open areas. Now, in their development order in the blank spaces
that they have filled in just recently. They have seventeen percent open space
and sixteen percent main floor area that can be used as a vista area. So
they have gone down from sixty percent vista areas down to thirty-three percent
and I think that's pretty significant. Then in the Planning Department thing
they talked about views to the surrounding area will be unaffected. Now, they
have this podium which they admit in their revised thing that it will obstruct
all views, as it will. It's six stories tall, they have eighty-three percent
lot coverage of this thing and there won't be any view from anywhere. Before
in the planning document, they said that the walkway--- the River Walkway will
be the only easement dedicated to the City. Now, they want to give the easements
to Bayshore Drive, you wanted them to, I don't know why and...
Mrs. Gordon: Bayshore Drive, what are you talking about?
Mr. Jaffer: The extension of Bayshore Drive South of where it is now.
mean, extension of Biscayne Boulevard?
Mr.: Jaffer: Oh,'I'm '`sorry, Biscayne Boulevard. Again, I'm referring to page
28, that it says "no other open space will be dedicated to the City or the
County" and now they are changing that too. Then they talked about fire
protection in the original planning document andin their revised development
order, they talk about fire boats. I don't even know that the Fire Department
has any fire boats and I think that's a pretty significant change, so...
What I'm saying is they should resubmit these revised plans to the South
Florida Regional Planning Council for approval.
Mrs. Gordon:' They do Joel, this goes back to the Florida Regional Planning
Council. It goes back, that's the procedures that must be taken and it will
go back. This development order goes to the South Florida Regional Planning
Council.
Mayor Ferre: Well, you have, got about....,
Mr. Jaffer: They' were' on for half an hour Mr. Mayor. Am I' the only objector
here?
Mayor Ferre:'. N0,`Mr."Jaffer, the Chair has the right under the Charter to limit
any speaker to ten minutes. You have now spoken about eleven or twelve, I
will give you another two minutes to wind up.
Mr. Jaffer: Ok. Even if it was a good application, we got some obvious
problems here. The parking is a problem... and the important part I want to
read to you is from a case in front of the Appeals Court. General Development
versus Planning Division of the State of Florida and here the developers had
to resubmit plans to the council like I'm suggesting. The important quote is
"that the Planning Council shall provide vague standards, then broad principles
and then rules. The Court must invalidate agency action taken without rule
making. And I suggest to the Commission, that here all we have is a bunch of
vague standards, they have even gotten to the rule making process yet. Ok, as
far as the traffic problems, they say vaguely that they shall take a share of
cost the document says something like ten percent, that's pretty vague. They
talk about an expressway link, an extension from the present exit, they don't
mention anything about cost or plans or anything. Now, there are a number of
environmental problems not brought out in the plan. One is the reduction in
air quality from the lack of breezes and the walling in of the City that these
highrises are going to bring to the City. They submit that the only air
pollution that will occur is from the cars. That's not true, there is going
to be a lot of air pollution and reduction of air quality because of the
height and the mass of these building. There has been numerous studies done
on this in the University of Chicago. They... as far as the environmental
impact is concern, all they say is they are going to minimize the impact to
the building. That's nothing, that's what they are supposed to study in this
report. They don't do anything like that. They completely wipe out recycling
and solar power. They don't talk about having open windows instead of air
conditioning, that's been considered in many tall buildings lately.
Mayor Ferre: Alright, Joel, that's about it. You can wind it up.
Mr. Jaffer: Ok. The scariest thing here is that they have to by Statute 380.06
Section 2A, they have to talk about the impact from subsidiary development.
Here they are already talking about developing the parking lots, they are talking
about making a bridge or a tunnel down to Claughton Island and this is some
pretty serious subsidiary development that they haven't even talked about in
gl
30 MAY 2 4 1979
their proposal. And it can't be taken... interesting notice that they say
that there are going to be sixty percent off shore buyers who are only going
stay here three months out of the year...
Mayor Ferre: Alright, thank you, very much. Thank you, for your statement.
Now, are there any other objectors who would like to speak at this time?
Alright, sir?
Dr. Ellison: I'm Dr. Waldo Ellison and I have spoken before the Commissioner'
objecting to highrise developments here in Coconut Grove. I'm not objecting
to the development as such, I think anything that will improve the Ball Point'
area Downtown, will be definitely an asset to the City of Miami. One of the
things however, I would like to bring to the Commission and that's the fact
that I have my office in the Dupont Plaza Hotel and therefore, I leave that
place at least two or three times a day going to hospitals, home or wherever
and I'm involved with the traffic difficulty down there. Especially at 5:30
in the evening where you could sit for about fifteen minutes and wait and wait
and wait. Now, I think a lot of over simplification has been given to the
traffic situation down here. And once again, I am saying generally speaking,
I am in favor of the development. So I have got nothing against them. However,
I think something has got to be done before going ahead with this project. One
of the things that I didn't hear anything about is where are we going to put
all the cars that parked in this area or that are presently parking in this
area? I don't know how many there are, but I know in just looking at them, that
they are at least ac much as one of those City blocks. Where are they going to
be placed? Number two, the amount of parking place available on Chopin Plaza,
what the developer has said is that they were going to reimburse the City for the
money lost. Well, that's all well and good, but how many places presently
exist on Chopin Plaza? I haven't heard any information about that situation.
With regard to reversing the traffic on Southeast 3rd Street, if you will take
a look at that whole quagmire down there in front of that Howard Johnson, I'
would like some definite information from the gentleman from Dade County or.
Keyer or wherever you are from, to explain what they are going to do? Who is
going to fund the money? How they are going to switch the traffic around to
go up a down ramp? How it's going to connect into the up ramp over there?
Especially when we have just landscaped the place which I think has been
beneficial. There are also steel girders there too. I am quite concerned
about the impact of this tunnel or bridge, whatever is going to be and I don't
think that we should give permission to go ahead with this thing until we get
some definite plans as to just what's going to happen with that traffic. I
ar amazed at the fact that there hasn't been some disaster Downtown where we
could either have to get Police or Fire in there at about 5:30 in the afternoon.
I know what it's been like at the Dupont Plaza where some of the kids over
tnere in one of the colleges would pull on the alarm for a cigarette and to watch
the Firemen try and get their fire apparatus coming down Southeast 2nd Avenue
over to the Dupont, especially when there is traffic up about 3:30 in the afternoon
with the bridge. 0ne of the other things they can take into consideration is
that with building a Convention Center down there. So you got the traffic
impact of the Convention Center as well as the construction, as well as the
Brickell Avenue bridge and... yes, we ought to do something with a bridge or
a tunnel, but what will the impact of say even a bridge or a tunnel have on
this development in this area. And I think we are once again, rushing, trying
to get something done and I can understand the zeal of the Commissioners as
well as the other members of the City of Miami. I think looking at it, it looks
like a very exciting, good potential for the City, but I am concerned that if
you.have a nice development and you can get to it and you can't get away from
it, what benefit is it? And I think that the City Commissioners should give
this information some consideration. Thank you.
Mrs. Gordon: Dr. Ellison, may I...
Mayor Ferre: Doctor, I think that your... your questions, I think are very good
how, with regards to you second point. The parking in Chopin Plaza, which I
think is about sixty units and the parking within the.Ball Point Property itself,
I think is a matter of concern because there are--- during the construction
period--- really not sufficient parking spaces as it is in that general Dupont
Plaza area. I really don't know what 'the solution to that is, but of course,
after the construction is finished there will be plenty of parking, not only,
I''think for that project itself, but for the usage of the general area. I think
once the People Mover is in, which I imagine will be about the same time that
31
MA*14 197 9
this project is finished. The... one of the great, great advantage of that
People Mover is that it's going to pool about twenty thousand parking spaces.
In other words, it might be feasible for somebody to park in Burdines or in
this project get on the People Mover and go to their job in the Government Center.
And I think you are going to see awful lot of that happening, so that you really
have a pool of twenty thousand parking spaces that are united by this People
Mover. Now, with regards to the traffic problem- you are absolutely right-
' don't think that there is anyway that this project can economically be successful
if the traffic problems are not addressed. And I think Mr. Gould, the developer
has to be even more aware of this and the public officials, because public
officials that are on staff are going to have their job one way or the other
and those of us that are elected are going to be here or somewhere else and it
doesn't really much matter. You know, it's just a question of time and we are
not that affected, but the developer who is going to put in over a hundred million
dollars in this project, obviously has to be extremely concerned about how
traffic impacts his project, because if indeed there are backups that last for
an hour that will be a... that project will be a flop. So I think that, even
though it's not within the purview of his hand, he can't come up with a solution.
I_think since he also has the option as you know, for three of the other four
lots in the Dupont Plaza area, he has to come up with a solution and it's in
his interest to come up with that solution.
Mrs. Gordon: Mr. Mayor, I would like to add a comment to Dr. Ellison, because
you. know, I sit on the Regional Planning Council so I have considered this
project more than once, this is the second time and parking was discussed and
traffic was thoroughly discussed that we recognized there were problems. But
there are also alternative ways of handling it in the interim period of time
until the People Mover is completed. And one of those ways is to develop some
periphery parking areas away from the core and encourage the use of those
areas by some kind of a mini bus --additional mini bus system to what we have
now. Nobody wants to sit and wait for one and a half hours to get out of the
core of Downtown. More and more people are going to need to use some other way
of getting to their car and not bring their car into that particular area. You
on the other hand are a doctor, right?
Mrs. Gordon: Therefore, You must have you car right next to you at all times,
but not everyoneelse has that immediate need for a vehicle to be parked close
by. So I honestly believe that everybody who is interested in the success of
Downtown is also interested in the solution to those critical problems which
are parking and moving traffic. And I really feel that Dade County will have to
consider the additional parking lots on the periphery and the addition of a
greater number of these small` buses.
Dr. Ellison: May I make an additional comment which has nothing to do with
this development as such, but may be the information came be disseminated to
the appropriate people in Southeast Banking, because I have written to them
and I have gotten a response from them. The entrance to their parking lot is
on Southeast 3rd Avenue and during midday and for most of the afternoon, at
least from 11 O'clock in the morning to about 2:30 in the afternoon, it creates a
bottle neck so that the right lane out of three lanes is backed up and in
addition traffic coming off 95 making that turn into Southeast 3rd is backed up.
Now, I don't know if it's possible for them to put the entrance into their lot
on Southeast 3rd Street or where. That's the only feasible place, but as I
understand with my talk with the people at Southeast banking, trying to get to
the top of the ladder is very difficult to get a response. May be through the
City Commissioners, they can give some consideration to this and address this
issue themselves, because this is one of the ways that where enhancing the
bottle neck and may be this would be adding something that would be helpful.
Gordon: Open it up. Thank you, very much.
•
Mayor Ferre: Alright, ladies and gentlemen, we do have the Civil Service matter
and we are going to have to move along. Thank you, Doctor for your continents.
Are there any other objectors that wish to speak? Alright, Mr. Plummer, your
motion is in order now.
Mr. Plummer:
made.
I' move to approve six subject to the amendments that have been
Mr. Lacasa: Second.
gl
Mayor Ferre: There is a motion and a second, further discussion? Alright,
please call the roll.
The following resolutionwas introduced by Commissioner Plummer
moved its adoption:
RESOLUTION NO. 79-396
A RESOLUTION OF THE CITY OF MIAMI COMMISSION
AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER,
APPROVING WITH MODIFICATIONS, THE BALL POINT
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT,
PROPOSED BY HOLYWELL CORPORATION, FOR TRACT D,
DUPONT PLAZA (50-11), LOCATED ON THE NORTH BANK
AND AT THE MOUTH OF THE MIAMI RIVER, AFTER CON-
DUCTING A PUBLIC HEARING AS REQUIRED BY CHAPTER
380.06, FLORIDA STATUTES, AND CONSIDERING THE
REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND THE PLANNING
ADVISORY BOARD OF THE CITY OF MIAMI, SUBJECT TO
THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED
HERETO AS EXHIBIT "A"; THE RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL
ATTACHED HERETO AS EXHIBIT "B"; AND THE APPLICA-
TION FOR DEVELOPMENT APPROVAL INCORPORATED BY
REFERENCE; FINDING THAT THE DEVELOPER'S PROPOSED
CHANGES FROM THAT APPROVED BY THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL INVOLVE NO SUBSTANTIAL
DEVIATION; FURTHER DIRECTING THE CITY CLERK TO
SEND THE RESOLUTION TO AFFECTED AGENCIES AND THE
DEVELOPER.
(Here follows body of resolution, omitted here and on. file
in1'the Office of the City Clerk.)
Upon being seconded. by Commissioner"Lacasa,
passed and adopted by the following vote
AYES: Commissioner Rose Gordon
Commissioner: Armando Iacasa
Commissioner, (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Fevre.
TOES: None.
Mr. Gould: May I make
Mayor Ferre: Yes, sir.
Mr. Gould: I am Theodore Gould, the President of Hollywell. I would like to
tell you how much I appreciate the degree of cooperation that has occurred
between our staff and architects, the City's Planning Department, the Downtown.
Development Authority, the South Florida Planning Commission. When we started
this project, that is the development of it, I think a. large number of people.
probably believed it wasn't possible to reach construction in July. But we are in
working'drawings now and because of the cooperation we have received, we will.
Thank you, very much.
a statement?
Mrs. Gordon: Lots of good
Mr. Gould: Thank you.
.Iayor Ferre:
gl
luck to you.
MAY 24 1979
Mayor Ferre:
Mr. Davis:
Alright, we are now on Item #9 which is our first reading...
Item #8B, Mr. Mayor..
Mayor Ferre: . 8B was passed. Would the Clerk look back and tell if Item 8B..
this is the Fire Station 1b....
Mr. Plummer: Yes, that was passed.
Mayor Ferre:
Ms. Hirai:
Mayor
Mrs.
Mayor Ferre:
8B was passed,..
Yes, I'm:sure it has passed.
Ferre: ... that's the Fire Station. Alright, we are on Item...
Gordon: What about seven? Did seven get passed?,
Seven was passed, that's a Fire Station. too.
Ms. Hirai: Yes.
Mrs. Gordon: Alright, record me voting "yes". I'm voting "yes" on seven,
was not here when they voted on that.
Mayor Ferre: And how about eight, Rose, which is a Fire Station too.
Mrs. Gordon: I vote on that "yes".
24. CHANGE ZONING CLASSIFICATION OF S.W. CORNER OF N.E. 1ST COURT
AND N.E. 52ND STREET FROM R-2 TO R-4 - MIAMI JEWISH HOME &
HOSPITAL FOR THE AGED.
Mayor Ferre: Alright, now we are on Item #9, which is the application of
the Miami Jewish Home and Hospital for the aged. Change of zoning from R-2
to R-4, the Planning Department recommended denial, the Board voted six to zero.
Are there any objectors present?
Mr. Whipple:The applicant conferred with the Law Department and requested first
and second readings both tonight. The applicant's attorney... the applicant is
here, "yes".
Mayor Ferre: The request is that this matter be read in first and second reading.
Now, would the department then, explain why you recommended a denial? Well,
what is the blue? What is the blue?
Mr. Whipple:Mr. Mayor, it's a question of theapplicant.
the property owned by the Home.
Mayor Ferree
Mr. Whipple:
the block...
Mayor
Ferrel
Mr. Whipple:..
I see.
The property', in yellow,
Yes?.
Alright, the blue
which is presently zoned R-
as the rest of
is the site under consideration tonight. And as a matter
gl MAY14 1979
proper zoning we believe this is a start, perhaps to a zoning which we do
not deem appropriate into this area. So on that basis we recommended denial.
We have nothing against the use per se.
Mayor Ferre: Alright, the applicant...
Mrs. Gordon: Oh, boy, Whip, you are really batting
Mayor Ferre: Well, wait a minute, Rose, be careful
much' different from that Coconut Grove application.
the use is going to be from R-2 to R-4?
zero with me today.
now ,because this, isn'
t
Would you tell us what..
Mr. Lipman: Mark Lipman, 110 3rd Terrace Di Lido Ito nd. Ourthpurpose is y Day
for a multi purpose senior center and ware
Centergand telephone reassurance
Care program, Title Nine Senior Employment
all together in this particular dwelling.
Mayor Ferre: Let me ask you this, see, I want to vote for this if I can
because you are an institution that does a lot of good and this is for people
and this is going to help people. We just had a case here where a gentleman
of course, he was not representing an institution,; wanted to zone a corner just
like this, different from the R-2 area that it was previously onedtandeI took
the position that it should be denied. Now, my question to you
no
R-4 there in that area.
(BACKGROUND COMMENT INAUDIBLE),
Mr. Whipple: But the reason that
abuts. acrosS the street, Mayor.
can be petitioned for R-4 is because the R-4
Or is
Mayor Ferre: No, but I'm talking about the block itself, is that right'
that R-4 where the little blue thing is?
Mr. Whipple: That's R-1 at the South and R-2 on the North, sir.,
or Ferre:` Yes, but I mean the' block that, that yellow property is in is_ a
May.
R-2 right?
Mr. Whipple: Yes,
sir, R-2, in the..
Mayor FerreAnd the other halfisR-1?
Mr. Whipple: The other half
of the block is R-1 on the South.
Mayor Ferre: I see, so: thiswould be an R-4 across the street to that block.
Mr. Whipple:- Yes, sir. The Zoning Board, in their hearings
ualstha'had
hae conditional
use and a variance for this site .which _was ;approved . for
the with the recommendation of the change of , zoning
Mr. Plummer: Do you have any kind of plans?
Mr. Lipman: We have.developed a master plan, wehave
ttnot
t enacted itfin.total
becauseo
of�being a non-profit institution . it is
sources.
Plummer: No, .I mean... for exatnple,,you know, are you going to-- but you
can only encompass the one lot,, you can't encompass both.
Mr. Lipman: Well, we are presently the owners of lot 4, 5 and 6 and lot 13 to
the South
Mr. plummier: But what I'm getting at is
lot tonight that's in yellow?
Mr. Lipman: Correct. We are presently holding a contract with Title Five for
renovation of .that _property_which has to be under R-4.
ow high?
sir, that you are only asking for that
Mr. Plumper: Alright, sir, may question is what
Youknow,..
Mr. Lipman: It is a�� one story dwelling. It will just have three purposes within.
gl
are you proposing.
MAY24 1979
i n i �tE'.�1:}T.kT=f'�3kc'hlkYN.•�lY�.�S��'HC!=�
the dwelling. Three offices and a major community center room. It is right
now a`duplex that is going to be renovated for the multiple purposes of the
center.
r. Plummer: What was the conditional use and the variance?
Mr. Whipple:The conditional use was to permit the Home to extend into'R-4';
which requires a conditional use as merely an eleemosinary purpose. Thevariance
was for setbacks as I' remember it correct.
Mr. Plummer: Are they adding to the present structure?
Mr.,Whipple: They. are not adding to it, they were existing setbacks.
converting the existing. structure.
Mayor Ferre: Alright, what's the will of this Commission
Mrs. Gordon:
Mr. Lacasa:
Mayor Ferre Alright, there is a motion and a second, under discussion. Sir,
I would" just like to point out for the record, I'm going to vote for this. I
do this all the time, anyway because when I`believe in something I vote for these
changes. I just want to point out that it is for Coconut Grove and instead of
the Miami Jewish Home and Hospital. it were the XYZ nr the Charlie Gottlieb
Corporation, that it would make a difference. And the point I want to make in
this isthat those of us that like to live in a structured World and don't like
to recognize that things sometimes are relative. I think should recognize that
in life,'which includes zoning, there are things that are relative.
Mrs. Gordon: 'Mayor, I just need to tell you that Coconut Grove zoning application
was for commercial zoning which has an affect upon neighboring property by permitting
a higher zoning use than the use it presently has and this is not comparable to
that, but that's besides the point. The point is we are judging this application
on it's own merits, the other was judged on`it's merits and we don't relate this
to that, because it's not identical in'anyway.
Mayor My statement still stands. Further discussion?
move approval.
Second.
They are
Ferre:
Rev. Gibson: Mr. Mayor?
Mayor Ferre:
Yes, Father.
Father Gibson has a question.
to widen that street fifty feet,.is that i
Rev. Gibson: You are going
To a fifty foot..
Mr. Lipman: Northeast lst!:Court i
footstreet.
Rev.
s'a twenty foot street, it will be a fifty
Gibson: And so you are going to widen it..`
Mr. Lipman: Correct.
Mr. Whipple:
Item #10.
Mayor Ferre:.
ON ROLL CALL:
Mr. Plummer:
I vote "yes".
Mr. Grassier
This was passed a little earlier this evening Father Gibson as
Alright, further discussion, call the roll.
n addition to flogging the City Manager, we will flog. Mr.
Whipple..
We need to read the ordinance please.
Ms. Maer: We need to read the •ordinance.: (READS THE ORDINANCE INTO THE RECORD
is on an emergency basis.
Mayor Ferre This
gl
MAY 24 1979
ON ROLL CALL:
Mayor Ferre: Alright, before I vote this last time, let me ask you, you talked
to the neighbors and they•are not in anyway upset about this?
mr. Lipman: Yes, sir, I have.
Mayor Ferre: I vote "yes".
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE SONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLAS-
SIFICATION OF N'LY 107.55' OF TRACT "D" LESS
THE EXTERNAL AREA OF A 25' RADIUS CURVE TAN-
GENT TO THE NORTH AND EAST BOUNDARY LINES
OF SAID TRACT "D" DOUGLAS GARDENS AMD (110-68),
BEING S.W. CORNER OF N.E. 1ST COURT AND N.E.
52ND STREET, FROM R-2 (TWO FAMILY) TO R-4
(MEDIUM DENSITY MULTIPLE); AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF THE 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 PROVISION; AND
DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF
NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF
THE COMMISSION.
Was introduced by Commissioner Gordon and seconded by Commissioner Lacasa
for adoption pursuant to Section 4, Paragraph (f) of the City Charter
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission-
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
I%0ES: None.
Whereupon the Commission on motion of.Commissioner Gordon and
seconded by Commissioner Lacasa, adopted said ordinance by the following
vote -
AYES: Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8942.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and copies were available to the public.
25. APPLICATION TO CHANGE ZONING CLASSIFICATION - UNPLATTED PARCEL
ON VIRGINIA KEY FROM R-1 TO WR TO PERMIT GOODYEAR BLIMP BASE.
Mayor Ferre: Alright, now Item #i11 is the first reading of the zoning classi-
fication for the unplatted parcel abutting the sewers treatment plant. The
last time we talked about this, we wanted to see the architectual drawing. Do
you have that now? Alright, would you come forward, please and submit that?
Would you show that to the Commission? Sure, you may, of course. You may use
them all, show the members of the Commission and then after that, turn it
around so that members of the public can also see it. Why don't you turn one
of those easels backwards so that as you show them to us, you can flip them over
to the members of the public. That's it. Thank you. Alright, sir? Use either
one.
Mr. O'Donnell: Mr. Mayor and members of the Commission, for the record my name
is Tony O'Donnell attorney for Goodyear who is the supporter of this application
for rezoning on Virginia Key. I would like if I may, take a few minutes to give
the background to this application, summarize the public services that the
Goodyear Blimp has served in the past and will continue to serve in the future
in the community and then go over in detail the proposed improvements and uses
of the proposed site. This application for approval of this site is a combination
of a two year effort which commenced about the time that the Waston Island
site was planned for a change to an amusement park and Goodyear was informed
at that time that they would have to be leaving in a year or two from that site.
Subsequent to that notice from the City the Goodyear Blimp Mayflower was caught
in a storm in Agusta and was almost completely destroyed. At that time Goodyear
decided instead of trying to rebuild that blimp to build a new blimp Mayflower
that was the same size as the other three blimps that are operating in Rome,
in Houston and Los Angeles. They proceeded to do that and then came to Miami
on a temporary basis using the Opa-Locka site until a new site could be found.
Negotiations with the City and later County officials to select the new site
combinated in the selection of the Virginia Key. This site I want to emphasize
and we will probably be emphasizing this again and again this evening, is very
similar to the previous situation on Watson Island. In that it is a public
r.ttraction and a site that is serving the public here in Dade County and the
City of Miami and operating adjacent to public park lands. For many years the
rperation of this site on Watson Island was considered and in fact, both the
City and County officials still consider it to be a completely compatible use
with the regular public park uses on adjacent lands. The purpose of this
rezoning is to permit this use adjacent to what is now and what is planned
to be public park lands in the City of Miami. I would like to turn to summarize
this... I was not aware of this when I first got into this matter, though I
have lived in Miami all my life-- summarize in basic categories the public
purposes that the blimp operation does serve. It has an operating budget
of between a million and a million five hundred thousand each year. The only
income generated is minor income from the public rides that are given part of
the time and this comes to approximately fifteen thousand dollars a year. The
rest is Goodyear's expense without any income for the purpose of the blimp
operations. While in Miami during the height of the tourist season the blimp
will be operating and has operated six days a week. Now, three of those days
will be primarily for public rides, for people that are in the park observing
the blimp to come on and take rides on the blimp. Three days is reserved for
what is called Goodyear invitees. These are primarily public officials,
government officials, visiting dignitaries, various environmental surveys or
traffic surveys, whatever has been asked of the blimp in the past to perform
•ervices that really only a lighter than aircraft can perform, slow moving for
picture taking and for surveys of this sort. In addition, there is what they
term their night sign activity. The night sign activity eighty to eighty-five
percent is donated exclusively to charitable and to public organizations and
to government organizations promoting various public campaigns in the area
donated by the Goodyear operation. .No advertising is sold to anyone, though
they have been requested over ind over again to do so. This is -eighty-five
percent of it is solely for public service. Even while the blimp is not in
gl
38
MAY24 197A
Miami it is the Ambassador to this area going from place to place all the way
up the East Coast and then to the North. And as I understand it, every year
it is a feature story in New York when the blimp from Miami arrives and major
stories are covering Miami area as a place to come and a place to visit and a
place to work and live. So in general what we are proposing is a public
attraction that serves a public purpose for a vast majority of it's operations
and one that is completely compatible with-- it has been in the past and will
continue to be compatible with the use of the neighboring areas for a public
park.
Mayor Ferre: I don't mean to be rude to you, but it's almost 10:15 and we
have got about an hour and a half of work beyond you, so nobody in it's right
mind in this community is going to argue against the beauty of the advertising
and the wonderful publicity and all that, that we get from the blimp, that's
not what anybody questions. I think what's questioned is the location, see, so`
it isn't the blimp or Goodyear or how good it is and how much advertising we,
get in New York and all that. What we need and what you have to address your-
self to is this location.
Mrs. Gordon: The traffic, how much.
Mayor Ferre: Yes, that's...
Mr. Plummer: Excuse me, I',m sorry, you know, you. all got your idea
Mayor Ferre: And the asthetics of the...
Plummer:. The shed.
. • of the shed.
Mr. 0"Donnell: Thank you, Mr. Mayor.
Mayor Ferre: Those are the two questions.
Mr.
Mayor Ferre:
Mr. 0'Donnell: This particular site is adjacent to the old Virginia Beach
Park. In, terms of traffic, our traffic studies in the past of Watson Island
indicate that the blimp never has been a traffic generator. What we hope will
happen to the Virginia Key Park, which now in the survey after survey we have
done there hasneverbeen more than about fifty cars that are using that park
in that area. That it will attract people who ordinarily would be heading out
for Crandon Park to come into Virginia Key and use that park, to come see the
blimp, even if they don't want to ride on it to see the beauty of the neighboring
areas and use it. The selection of Virginia Key, itself is a good selection for this
particular type of operation because it is one of those attraction that hopefully
will generate diversion of people who are going out to Crandon Park, but it
should not if the experience of Watson Island is in the indication increase
traffic flow by any significant amount over Rickenbacker Causeway to come out to
it. It's a very minor traffic generator, though it would be a traffic diversion.
The particular location on Virginia Key from the perspective of Parks and
Recreation in the County and from the perspective of others is in the sense
ideal. It is located-- and I can
show
you
the
Key(NOT
whichUSING
are the waterfrontThe
point is that the park attractions ofVirginia
and which are the developed park areas down to the East where people are using
the park are not at all encroached upon by the proposed blimp site. And also
the only other major area of park that is being used presently is to the North
where people go along Sewage Treatment Road-- excuse me-- well, to the East and
North and park along the road and use that isolated beach out to the East. The
beach itself will remain completely open to pedestrian and vehicle traffic for
going up and down and there is a tremendous amount of room between the perimeter
and the beach. The closest point is on a... where the radius of the blimp site
for a few feet comes down to about a hundred, a hundred twenty feet from the
beach front. In order to maximize the area from our original site plan, the
original site plan is shown on the blueprint here (NOT USING THE MIKE). What
we had tried to do in terms of maximizing the park land area that is used by
people in the neighboring park in revising this original site plan, is (1) to
open up this area here is what is called the public concourse, which will be
free access for all people who are in the park to come in at anytime and to
come into the public concourse, walk around, watch the blimp. This area here
along the Lake is also opened up, as you can see from the plan the free access
of all people using the adjacent park to come in use the public concourse, come
down to the perimeter of the Lake, use this Lake frontage here for whatever they
want to do, to sit and have a picnic has been in our new plan opened up on a
permanent basis, rather than closed off as was originally contemplated. So this
gl
.9
MAY24 1979
particular park area has been preserved in access with the idea that it would
be a nice place to come and watch the blimp. In addition to that, if you go
back to the site plan, we have a corner down here which comes down to about an
acre and a half, again, close to beach front property which in our revised site
plan is being eliminated from the lease premises and opened up again all the
way in here to constant public access. So that you only have a small area in
which the beach-- you can come close to the beach. The rest of the perimeter,
inside the perimeter of this field is now totally deserted, is filled in
mangroved in sparsely vegetated area that simply is not used. This particular
plan is to bring in the vegetation, irrigation to have a beautiful open vista
adjacent to the park area. The reason that public access here, of course, is.
limited during the blimp's operations, is obvious for the safety of the public.
But at any rate this particular proposal in terms of it's impact, is almost
like a moratorium on development of the park area in maintaining and enhancing
the beauty of the park area and should be a major addition to the overall use
of adjacent lands to the area. Turning to Mr. Plummer's concern which is
concern for everyone. The selection of the Northwest corner of the site for
the location of this protective hanger for the blimp-- I might say before I
go to that, one of the major reasons that, that is needed was demonstrated
in the loss of the blimp that was left out in a sudden storm in Agusta a couple
of year ago. To move the blimp when storm are coming fifteen miles is... they
have, according to airships operations indeed been lucky in their Miami
operations, but it is not at all ideal and really not a suitable alternative in
this present situation with Opa-Locka now no longer available. And in any rate
a very serious safety problem in not having a protective area for the blimp.
Mayor Ferre: Counsel, why don't you wind it up...
Mr. O'Donnell: I will. This selection of the Northwest section for the hanger
was dictated primarily by safety reasons in terms of the air flow from the East
keeping it away from where the blimp will be landing, but also by the asthethic
location of it next to Sewage Treatment Plant Road and totally block it, not
totally, almost totally blocked by indigenous vegetation or whatever added
landscaping may be needed to screen off that area from most of the park in terms
of being able to see if from the ground. Now, this perspective is up. Down on
the ground this screening would be even more effective than it is shown on the
drawing. This building as I recall was-- Frank?-- two hundred by ninety-six
feet high.
Mayor Ferre:
Mr. O'Donnell:
Ninety-six feet high?
Mayor Ferre: So that's like a ten story building. Tao hundred feet long and
ninety-six feet high. How wide is it?
Mr. O'Donnell: A hundred twenty feet wide. In the overall impact of the site
it is true that it is... there is no question, but it is a negative feature.
The point is that it's a necessary feature in order to operate the base and I
suppose the question is in balancing the public services and the overall enhance-
ment of the area with this one negative feature, we believe and the County
evidently believed and others have believed that, that is an acceptable balance.
Mayor Ferre: Did you show this to the County people?
Mr. -O'Donnell: The County saw this and they were aware of the dimensions
the -'building, yes, sir.
Mayor Ferre: We will give you time for
Mr. O'Donnell: Thank you, very much.
Mayor Ferre: Alright, let's get the objectors now. Naine and address for the
records. How many objectors want to speak? Raise your hands. .I see four hands.
Would five minutes be sufficient? Ok, well,,he -took about fifteen minutes, so
I will try to give you as much.
gl
MAY 24 1979
Mr. Morrison: Charles Morrison, 11928 Southwest 38th Terrace. Before I
begin I` would like to ask if we could have the same explanation of the site
plan that was just presented to the Commission, because we haven't seen that
before. If; he could give us a very quick explanation of what they are trying
to do over here.
Mr.. O'.Donnell: I said very quickly, this is the area I was speakingabout in.::
terms Of opening the Lake front area together with the open public concourse
that we had before, but opening it all the way to the Lake front area here.
The elimination of this triangular piece here from the entire site plan, which
is shown in this open area that runs up in here, in terms of the perimeter of
it. The location of the hanger is the same. The intention is to maintain all
of the indigenous vegetation possible on the perimeter of the hanger as a
natural screening and also in terms of the overall vegetation off site.
Mr. Morrison: Ok, first let me speak to a couple statements that Mr. O'Donnell
made. The general impression that the public-- Dade County citizens have been
given and citizens of the City of Miami, is that this blimp base will not be
in a public park and Mr. O'Donnell said that it will be located to the East of
the park. Well, it should be made clear that the proposed blimp site is in
fact or would be part of a Dade County public park. They are proposing to take
33 acres from the citizens of Dade County and limit the access to that area by
fencing most of it off. Another point, Mr. O'Donnell said that this would cause
a very minor traffic problem. Well, if this is such a major tourist attraction
to the City of Miami, if it is a major tourist attraction it would be expected
to draw a lot of people. And if it does, then there will be a major traffic
problem. Now, if it's not a major tourist attraction and will not create a lot
of traffic, then why do they need to be right down on the ocean front in prime,
land if these people are not going to be coming over to see it? He says the
area is unused. That is not true, I was there just at 5:30 this afternoon and
there were plenty of people around bicycling, playing frisbee out in the area,
playing cards, just sitting under a tree taking sun. They were using the area.
Now, one point I would like to bring up, I'm here at very short notice because
there was no notice of this zoning hearing on this. subject. And I would like
to find out why there was no public notice of this zoning hearing.
Mr. Whipple: This hearing was noticed as required by Chapter 62 of the Code.
Unfortunately, in this situation I understand the people's problem on this,
it just wasn't visible. There is no newspaper ad required under Chapter 62 for
the details of a Commission Meeting. The Commission Meeting itself has to be
advertised, but the detailed advertising of this was done for the Planning
Advisory Board in a small ad that was placed for the April 4th meeting or April
l6th meeting, I believe it was, The ad was placed on April 4th. So... and the
other thing is and the way all Commission Public Hearings are truly notified by
law is through notices to all the property owners within three hundred seventy-
five feet. Obviously, there is no property owners within three hundred seventy-
five feet of this, so no property owners were notified. It's an unfortunate
situation. It was... this hearing is legally advertised as required by Chapter
62 of the Code, but that doesn't serve this gentleman's purpose
Mr. Morrison: I will agree with you that this is a very unfortunate situation.
The public is not aware that there is a zoning hearing tonight on this subject,
that's why there are so few of us down here. You mentioned the adjacent property
owners. Obviously, there are no private property owners in that area. However,
the area that's being rezoned belongs to Dade County, it's a part of a Dade
County park and I would expect that the citizens of Dade County should be notified
that Goodyear Company is trying' to take away thirty-three acres of their park.
Isn't it a requirement that signs be posted on the property to be rezoned?
Mr. Whipple:I'm quite sure;I will find an affidavit... I hope I find an affidavit
in here stating that a sign was posted, sir. If not we have got a problem.
Mr. Morrison: Well, you may find an affidavit that says one was posted, but I
just drove through the entire park at 5:30 and there is no sign. Now, there
may be a sign over on the Sewer Plant Road, I didn't go down there, but...
Mr. Whipple: I have an affidavit here that a sign was posted on this property
on the.14th of May for this hearing • and the location was. at the... I can show
you on the map here where the d,ocation of the sign was posted, sir.
Mr. Morrison: Was it posted in the park?'
gl`
MAY24 1979
Mr. Whipple:
the sign was.
We will point it on this map here, sir, where the location of
Mr. Morrison: On the Sewer Plant Road?
Mr. Whipple: Yes, sir.
Mr. Morrison: And thepoint is the
that they are just about to give up
Mr. Whipple: Again
property.
Mr. Morrison:. Well, youmaybe following the law_ to the letter legally, but
I don't think you are satisfying your moral obligation to the citizens.
citizens that attend the park are not aware
thirty-three acres of their park.
we were following the law to the detail of posting the
Mr. Whipple: That we have
legally, that's obvious.
to do, of course.
Well, we: have to follow the law
Mr. Morrison:. Another point and I will try to go as fast as I can. You are
attempting to have two readings, the first and second reading at one time and
I question the purpose of that. I understand that ordinarily these two readings
are separated by thirty days. However, under unusual circumstances and if the
applicant can show unusual circumstances they can request to have it all at
once. The Goodyear Company is very anxious to expedite this rezoning. They
would like to start construction as soon as possible and they have tried to
speed this up.. So that's another... we would like you to delay your second
reading until another time, so that adequate public notice can be given.
Mayor Ferre: Alright, you have now gone on about eight minutes and I, you know...
go head. Because we have asked you some questions, I'm going to give you another
couple of minutes, but see if you can wind it up.
Mr. Morrison: I don't know if you are aware that there is going to be a State
of Florida Department of Natural Resources Public Hearing on June 19th.
Concerned citizens have requested that public hearing and the people from the
State of Florida are coming down here. One of the questions that we are going
to ask them is, is this really a public purpose what is being done. Now, Mr.
O'Donnell gave us a long list of things that the Goodyear Company does. And
let me say, I have said this before we are not fighting the Goodyear Blimp.
we love the blimp, but the question is, this is the wrong place for it. If you
do rezone this property-- this will be my last statement-- I don't understand
how you can rezone it WR which is waterfront recreation. It is a public park
right now, the logical rezoning would be PR which is public park and recreation
use. The zoning WR no where... in no place does the WR zoning mention provisions
for a public park.
Mayor Ferre: Would you answer that?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Why WR rather than PR?
Mr. Whipple: WR is the
permitted use.
Mayor Ferre:
Mr. Morrison:. Well, I realize why they would like it to be WR so they can put."
the blimp there, but the WR zoning allows for a lot of other things that the
public may not want on that land, such as boat repair, you can open a fish and
tackle store...
Ok, you got the answer?
Mayor Ferre: It's owned by the County and in their lease all those things are
precluded from happening. So there is no way they can have a fish and tackle
shop unless the County, •of course, were to change that and that's never going
to happen.
Mr. Morrison: Well, if you zone it WR, then you are opening yourself up for
all kinds of other businesses to come in and we are talking about businesses.
Mayor Ferre: If we don't zone it WR we can't put the blimp. So it.
simple, you either vote "yes" or "no".
Mr. Morrison: But you could zone it PR which is park and recreation..
Mayor Ferre: You can't put a blimp on it then.
Mr.Morrison: Right.
Rev. Gibson: So,"then you don't want the blimp on it?
Mayor Ferre: No, he doesn't, that's his point.
very,
Mr.. Morrison: We do not want the ,blimp to •take away thirty-three acresof a
Dade County public park for coutniercial interest.
Mayor Ferre: You see, but then, then your argument is with Metropolitan Dade ..
County. What's before us here is whetheror not we zone it for the usage, not
whether or not thirty-three acres is being takenfrom a Dade County park, that's
(BACKGROUND COMMENT OFF THE PUBLIC
RECORD)
Mayor. Ferre: It's very little. I think they are charging them a hundred_
thousand dollars, isn't it, over the total contract?
Mr. Morrison: A hundred thousand dollars down, ten thousand dollars a year for
thirty years with an option for two ten year renewals, that's fifty years this
property will be out of the hands of Dade County. One last little point. The
WR zoning has a restriction that no structures will be built over two stories
or thirty-five feet in height. They have just told you that this is going to
be a ninety-six foot tall hanger which will tear down a tremendous stand of
mangrove; trees which could be used for recreational purposes.
Mayor Ferre:
Mr. Morrison: On last quote from... Mrs. Gordon made' tonight, Ithink -was,
very applicable. You said that, "we should not consider special for special
people". The Goodyear people are pressuring the City of,Miami, Dade County to
speed up these processes and not allow the public to really be informed. Thank.
you.
D';yor Ferre: But you see, we; just voted a moment: ago to give the National
J>?wish Home for the aged a special privilege. And we voted...
Mrs. Gordon: That was not a special privilege Mr. Mayor, you are saying because
an application is good, it's a special privilege which is a false statement of
facts and the records reflect that to be a false statetnent of facts.
Mayor Ferre: .`"That 's.your opinion,that is your opinion. My opinion is that
it was a special privilege for a special person and I am very happy to do it.
I completely agree with it.
Mr. Morrison: Having a first and second reading at
situation too.
Mayor Ferre:
Thank you.
Ms. Malone: My name is Pat Malone, I'm from 29325 Southwest 202 Avenue. I'm
against the Virginia Key parcel being rezoned for waterfront recreation because
according to the article it would allow for docks, Yacht Clubs, boat rentals,
boat retail sales and service, restaurants, sea plane bases and heliports and
c_her commercial enterprises. A blimp base would be only one of those part of
the articles, all those other things are allowed in that zoning. I think the
public interest would be better served if it was zoned PR for parks and recreation,
because it is a park already on the master plan. The attorney for Goodyear has
made a statement saying that the park isn't being used now, making people believe
that it's not fulfilling the public interest. People use that park every
single day and every weekend. Every time I go out there, there is people
picnicing and sunning themselves on the beach and we have interviewed some of
these people and all of them 'are militantly against the blimp being there. They
are very upset. We've got petitions going around. None of these people want to
see the blimp take part of their park away. They use this park every weekend.
Which we just did for the National Home
too. Alright, next speaker?
gl
43
MAY• $ 4 1979
Some of them have been using it for years and years, not just because Crandon
is overflowing now, but they have been going to that park because it is private
and quiet, it's a place to get away from the traffic and there is very little
public park left for the amount people. The growing population of Miami. The
parks are being snipped away little by little without the people realizing it
because of the way the public hearings are handled. The people don't get
enough notification, they are not informed about some of the issues and we are
trying to get them informed quickly. Because this issue is going to have a
lasting impression, it's going to take away thirty-three acres. I know that's
not the issue tonight, but the fact that they want rezoning here. Before this
hearing that's coming up on June 19th, this State hearing to decide whether
there should be deed restrictions waivered. The Goodyear people are requesting
for deed restrictions to be waivered because there are Ordinances,that protect
this park for the people forever. It's written in black and white beautifully
as a place to get away from the hectic City life and be out among nature. There
is a lot of natural foliage that's being protected by the Army Corps of
Engineers, mangrove stands and different varieties of mangroves and buttonwood
and these plants would be--- and the wild life that subsist on them and among
them--- would be endangered and there hasn't been enough time for the environmental
affects to be studied. All these things have been rushed through because the
Goodyear Corporation wants this land and I feel that the public should fight to
keep their park. There is just not enough park land left. Thank you.
Mayor Ferre: Ok, thank you. The next speaker?
Ms. Rhinehardt: Good evening ladies and gentlemen of the Commission, my name is
Toni Rhinehardt President of the Key Biscayne Property Taxpayers Association,
226 Buttonwood Drive, Key Biscayne. I would hate to see the City give away
the zoning control of these thirty-three acres of prime island land for a no
return to the City and only ten thousand dollars a year to the County. That's
thirty-three acres for ten thousand dollars a year. If the Goodyear blimp
even advertised "visit Miami beautiful" and all our night advertising in New
York or Ohio or wherever they visit, then you would at least get the advertising
back from them and may be stimulate tourism. The tethered blimp only might be
considered tenable, but not the presence of the hanger and all other uses it
might engender such as other blimps, dirigibles, etc. Now. I must have some
wrong information on my... I attended the County hearing and the blimp shed or
hanger was said at that time to be two hundred forty feet long and a hundred
five feet wide, but after listening tonight I'm not sure just what the exact
size is. I'm not sure if I remember exactly... the new blimp is a hundred
ninety feet? I don't know who can answer that, but anything Goodyear can
manufacture or sell they can have there because the resolution that went through
the County calls for a Goodyear lighter than air port. It did not specify the
Mayflower II Blimp, which we would all hate to lose and they say if they don't
have the hanger they will take the blimp to Broward. But if Goodyear should
succeed in selling to the Federal Government on October their twenty patrol
blimps, which the Coast Guard could use like on the dope now, like they did
on the U boats in World War II three of them would be chosen to be in Miami.
And if this hanger and all the facilities are there, then that would be the
logical place for them to be too. This hanger bothers me more than anything
because it's going to destroy 1.2 acres of valuable red mangroves, an old
forest tall, thirty, forty feet. Also, some white mangroves and red mangroves...
you... that's exactly where the-- I have an aerial... that one on the end
where the hanger is going to go is right on top of this stand of mangroves and
we just lost some on the Golf Course over in Crandon Park. So we don't need
to lose anymore. But the Goodyear lighter than air port is not a water related
public recreation in public and park use, it is private enterprise. again, using
public property which in this case no benefit at all to the City. We who use
Rickenbacker Causeway do not need anymore public attractions until we solve our
impossible traffic problem. When they say it's opened to the public, they didn't
say to you that it's going to be all fenced in. And the reason nobody would
see that advertising sign on the Sewer Road, there is no entrance to the park
from that road. It should have been advertised at the entrance or on one of the
access roads that leads to this land. The Sewer Road does not at this time.
We ask that you do not approve this rezoning now. Perhaps Goodyear can come up
with a more viable plan which will not destroy the native flora and plus every-
thing else as was mentioned. The wild life that thrives in there or perhaps
you would consider deferring this until after the Department of Natural Resources
comes down here on December 19th and makes the decision on whether this is a
44
MAY.24 1979
violation of a deed which is, say, for park and recreation only. Thank you,
very much for your time.
Mayor Ferre: Toni, let me ask you a question.
Ms. Rhinehardt: Yes, sir?
Mayor Ferre: Did the County already approve this? I mean, did they go through
all the hearings and they voted for it and what have you?
Mr. Plunnner: Well, but they only went through a hearing on a lease, that's as
I understand it.
Ms. Rhinehardt: The hearing on the lease.
Mayor Ferre: Well, what else do they have to go through?
Mr. Plummer: Well, isn't there one other agency... I. heard one of the speakers...
there is another agency they have to go...
Ms. Rhinehardt: If they are going to destroy the mangroves it must be approved
by the Army Corps of Engineers. DER and T)NR., two State acenci.eq in the Army Corr,c
Am I correct? Yes. - -
Mayor Ferre: Ok, I... but in other words, the County has already made their
thing?
Ms. Rhinehardt : On granting the lease, that was what the hearing was, I believe
it was April 3roi.
NFerre: Now, it's up before us for zoning, then it's got to go over to the
SatYa°tre for this hearing on the 16ttl, you said?
Ms. Rhinehardt : On the l9th, June 19th.
IlaYor Ferre: June 19rh•
Ms. Rhinehardt: No, well, the State is corning douTri here thank goodness, down to
the County Conmlissi.on Chambers at 7:30 at night on the 19th of June.
Mayor Ferre: I see. Now, what agency of the State is that?
Ms. Rhinehardt: Department of Natural Resources.
Mayor Ferre: Now, if we pass it on first hearing and not on second hearing
today, then the next time it comes up here would have.to be in July.
Ms. Rhinehardt: Well, then you would have the advantage of hearing what the
Department of Natural Resources thinks. That would be very valuable, I would
think. It certainly would to us.
Mrs. Gordon: Would sotneone from the Planning Departutent explain why this doesn't
go, also to the Zoning Board. Why didn't this go to the Zoning Board?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: The change of zoning, why didn t it go to the...
Mr. Whipple: This was initiated by the City as far as the request for zoning
and therefore, goes to the Planning Advisory Board.
Mrs. Gordon: Andnot to the Zoning Board?
Mr. Davis: No, the P3.antli.ng*Advi.sory Board. And it was duly heard by the
Board at a duly advertised hearing.
Mayor Ferre: What did the I'laskitting Advisory Board do?
Nr. Davis: Privately initiated petitiorls for changes of zoning go before the
Zoning Board.
gi 4,5
MAY 24 179
Mayor Ferre: No, that wasn't the question. What did the Planning Advisory Board
do? Did they vote for it?
Mr. Whipple: The Planning Advisory Board recommended for
recent we couldn't get it on the agenda for you.
Mr.
Grassie:
Mrs. Gordon:
we initiated
It was a seven zero vote
Mayor.
it, but it was so
Yes, but why didn't it go to the Zoning Board too? You say
the hearing, but really...
Mr. Davis: That's the way: the Code has to have it done. The
requires it that way.
Mayor Ferre:
deliberate.
Mr. Davis:
Mayor Ferre
Right?
Alright, Let's hear the next speaker Rose and
because
Code Chapter
then we can.
62
A City initiated hearing has to go to the Planning Advisory Board.
Alright, Mr. Davis,` thank you. We have one more speaker I think.
Mrs. Gordon: How much` open space of
beach or park land will
there be?
Mayor Ferre: Well, why don't you turn the other one around too, would you?
Would the representative turn the other one around?
Mrs. Gordon: Somebody tell me how many additional acres there would be available
for the public for park purposes if this is utilized in this way? Anybody could
answer that question? Somebody from the Planning Department or anybody else
have any answers? How much more additional open space land for park purposes
will there be if this is used for this purpose?
Mayor Ferre:
Would you answer the question please, Mr. Whipple?
Mr. Grassie: I believe
Most of them are...
the County lease covers thirty-three acres, Commissioner.
Mrs. Gordon: That doesn't answer my question. How much additional
land will there be for the public, additional to this?
Mayor Ferre: In other words, what will be left?
Mr. Grassie:
Mrs. Gordon:
Mr. Grassie:
close to two
Mr. Plummer:
Mr. Grassie:
Mr. Whipple:
the Easterly
ou mean left?
Yes.
Well, we would have
hundred acres.
Taking out,the N.O.
Yes.
o guess for you, but
. and the.
You have the full; Northerly side of
side on the Bay front.
Mr. Plummer: The Northerly side belongs to us.
open space
would estimate abou
the island and, also some o
Mr. Grassie: But it's still available to the public Commissioner, that was the
question.
Mrs. Gordon:
Mayor. Ferre:
Mr. Grassie:.
talking about
Mayor Ferre:
gl'
Park land that they could utilize, not where the sewer line..
Well it's almost eleven and...
No, no, I'm not talking about the Sewage Treatment Plant, I'm
what's leftinpublic ownership whichis available to the public.
k, we have another speaker, so... yes, Ma'am?
MAY 24 1979
Ms. Miller: I am Mable Miller, I live on Key Biscayne.
I would like to
ty
ter
an,
clarify that from what I understand about onemthe hundredde fiftynsevensacreslif
Virginia Key Park encompasseshave as much andas half of
the Goodyear people have thirty—tlrmeane acres,
h water�Yl would also like to
the dry land that is above high, 8
,larify about the Department of Natural Resources hearing aboutleaecondition
that involves something beyond the County Commission approving
that this question of that land, since it is protected by the Trustees ofthe
Internal Improvement Fund and that is the Governor and the Cabinet, they a deed
ust
if Goodyear is to have their lease be legal, they must give approval
lgfor
that
waiver, an existing deed waiver. And we suspect that they mayune loth. Thank you.
ve
waiver. We hope you will wait until you see what happens
Mayor Ferre: Alright, any other speakers?
Ms. Reed: She just asked me to do this for the record
d because it t cocouldn'tn be
heard a minute ago. My name is Marilyn Reed
for the out that the outline of the exhibition
Coconut Grove. I'm just speaking point
here shows a six foot high chain link fence which will encloseo. Thist and
willthis
is
o
what I told the Commission allhich was ithe wayeup tomoment
the Corps of Engineers to
go through the permitting process the various State agencies. You are dealing with wetlands, you have legislations
allli
e
t
ontrol
s
There
s no way
can get
way up the
th ngnabecitdmustdgo.throughithis entireuprocess.
around it, everything mustpermitted, are dealing
So whatever you do, bear in mind that we are dealing with wetlands, you
with public park and there are severy
designationstringent
wouldtbenPR innthisicasecn
this parcel. I think that the proper
Mayor Ferre: The what?
Ms. Reed
Mrs. Gordon: It is PR, isn't it? Isn't there a PR classification on
Whipple?
Ms. Reed: No.
Mr. Whipple: Mr. Mayor and Commissioner, the PR zoning as it's established in
the Zoning Ordinance applies to City owned properties. It does notapply..to,
properties, it applies to City the
Governmentally owned prop owned and that's `
property was unzoned because it was not in' the City ownership, itwas in County
ownership.
Mrs. Gordon: Yes, it's presently unzoned?
Mr. Whipple: And therefore, PR could not be applied to it as the ordinance
presently, stands.
Mr. Plummer: Marilyn, let me ask you a question, because you are a very big help
on all of this. Would it be out of line for this Commission to put this item
on a deferred status pending the outcome of the other hearings?
Ms. Reed: I would suggest that you did do thaton the DNR because last...
Mr. Plummer: No, I mean just defer the item completely.
Ms. Reed: Yes, because the DNR now is combined with the IITF which controls
your State owned land, that's your B rausofe Land
Maislagement.at Itshearing coming
's all one.
And they will make a decision about
the
up. So I would say that you would be in a more comfortable position.
Mr. Plummer: Well, it seems like to me that we are being premature..
Mrs. Gordon: Absolutely.
Ms. Reed:
Mr. Plummer: ... in changing the zoning prior to these other agencies who will
control "yes or no" whether or not the land can evenbe used regardless of the
zoning. And `I,would...
Mrs. Gordon:
g
J. L., move deferment and I willsecond it.
MAY14 1979
Mr. Plummer: Mr. Mayor, I would move that this application is premature
before this Commission, that the other agencies be in fact, run through.
prior to this application coming back before this Commission, that we are not
approving or denying this application, but all things in proper time. And
with that Mr. Mayor, I move that this matter be deferred.
Mrs. Gordon: Second.
Mayor Ferre: Alright, there is a motion for deferral and it's been duly seconded.
Do you want to say something Counselor under discussion? Very briefly.
Mr O'Donnell: I would like to address myself to this DNR review. This... just
so we understand what it is that is coming up. When Watson Island was devoted
to the blimp base, the same deed restriction was on that island and the City
requested and received a waiver of that deed restriction. The deed restriction
is not for public parks and recreation. The deed restriction is for public
purposes. There is no question in my mind that what the blimp's operation serve
is a public purposes under the law of Florida. We have no problem and anticipate
no problem.
Mayor Ferre: You are not addressing yourself to the..: see, there is a motion
that this item' be deferred.
tell us why it shouldn't be deferred and then we will vote.
Mr. O'Donnell: ..."all agencies have approved puts us in a position of going
through a tremendous amount of expense and time andthen ultimately coming back
and finding that all of that was fruitless._ In other words, there is always the
indication, the county could have said we don't want to lease it to you until
the City approves the zoning, we are just trying to take it step by step..
Mayor Ferre: Look, I happen to agree with that statement. Either we vote this
thing down tonight or we vote it on first reading and we can always vote it down
on second reading after, but I don't think we ought to duck this issue. Now,
I got news for you, I got bad news for you, I don't think you have got the votes
here to pass this. I think there are three votes against it. So I don't think
it's going to pass anyway, but I don't think we ought to be3ucking this. thing.
Mrs. Gordon: I got to ask a question, may be it's elementary, but why this site?
Why not out some where in the Western end of the County? Imean, >why here.
Mr. O'Donnell: As far as we know Mrs. Gordon, there are no sites available for
this sort of operation. Secondly, the blimpneeds to be in an area where it's
functions are served and one of it's functions is to go up in night sign operations
and to have nice tourist visits overthe City of Miami. And if it's way out it
goes very, very slowly. It's not next to the area where the City is operating
and where dignitaries and where people need to be able to have the kind of ready
access to our area.
Mrs. Gordon: How slow are youtalking. about? If you were out ten or fifteen
miles, how long does it take to travel that', distance?
Mr. O'Donnell: Mr. Hogan?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
•
Mr. O'Donnell: forty-five minutes to an hour. Now, we run half hour rides
normally up for the regular public attraction, up and then down, around the
area and then down. To go each way an hour or forty-five minutes would put us
in a situation where you would have one or two rides. It really wouldn't be
feasible. This particular location is also excellent in the sense that it is
by the sea with the prevailing winds. The blimp is something that needs that
kind of prevailing winds, that's why the Watson Island site was ideal for this
kind of operation. It's ideal because it's as I said before, it is not taking
park lands away. I know that Virginia Key Park is used by some people, but the
area that we are talking about frankly, in my visits out there is not used.
The area that is being left to the people is the beach front area, the area that
is being left to the people is the area that normally would be used in the park.
The site that they selected was the isolated site that is not being used. It's
a field area which people just don't go on, except perhap dirt bikes and
e
the access to the park is being retained. And one more point Mr. Mayor.
rental that is from the lease of a hundred thousand dollars to begin with and
then three hundred thousand dollars over the thirty years goes under the lease
solely to development of the adjacent park area. In addition to that the one
million to one million five hundred thousand dollars of operating expense, is
an expense to operate the blimp for eighty percent public service to this
community.
Mayor Ferre: Alright, members of the Commission now. Father Gibson?
Rev. Gibson: Mr. Mayor, it would appear to me that Metropolitan Dade County
owns the land. I would hate to see us get in a cross fire with them. If we
were to pass this on the first reading and these people are given the opportunity
to go to the respective Boards and they are denied. I would want them to know
that because this goes on the first reading does not mean on the second reading
it will fly. Meaning, it will pass. All we would be doing is facilitating in
the event, giving the people the promise that... I would rather see us... it's
much like when we ask Metropolitan Dade County to turn over to us certain properties they have for-- say like the School Board turn over certain properties.
We have not been guilty of intervening. Now, I think that the people of this
community who live in the County, who know as much about government Is we, should
have been able to convince Metropolitan Dade County. And since we don't really
own the property, while the property is in the City limits, I would rather see
us pass on first motion with the full understanding that the blimp people need, to
know that because we pass it on first reading doesn't mean it's all over. These
people will then have the opportunity, just as they have indicated to go to all
the agencies and appeal and that we not make a final decision on this matter`
until these people have exhausted... they are going to those different agencies
and get their reply.
Mayor, Ferre:
Mr. O'Donnell:
Mayor Ferre:
Alright, is there further...
Mrs. Gordon: The motion
Could I just speak to the first reading?
Excuse me, further discussion by members of the City.
on the table is for deferment.'
Mayor Ferre: I know
Mr. Plummer: Yes, Mr. Mayor, only to add. One of the reasons...
that's why; I'm asking is there any
Mayor Ferre: On the subject of deferral only.
Mr. Plummer: Yes, sir. Excuse me. During the time of deferral, Mr. Mayor,
know there are other blimps that exist in other Cities and I would like to see
if in any of those other Cities there exist a-- I shouldn't call it a shed,
whatever it is. The blimp hanger or whatever it is--- if there exist those in
other Cities I would like to see some photographs...
Mayor Ferre: Well, let's get the man from Goodyear up for a moment and, ask tam
that question. Now, of course, that doesn't really speak to the deferral item,'
so we really shouldn't...
Mr.' Plummer: Yes,
this Commission.
Mr. O'Donnell:
I don't know if
Mayo
Mr.
I'm asking during the period of deferment that they furnish
Yes, sir, we have a picture in Miami of, the Houston blimp base.
we have it this evening and of Rome.in which the hanger... ;...
rFerre: And Rome?
O'Donnell: Rome. We have blimp base on Vatican land.
Mrs. Gordon: Is it on the water there?
Mr. O'Donnell: No.
Mayor Ferre: Rome, Italy?
Mrs. Gordon: I'm incline to be`lieve,,that there are locations in this community
that are not on the water that you'could have or use and of course, this is one
that you have been offered or you asked for it, whichever way it went. And I'm.
not sure, I'm really very leery about this development... I'm the only one of
five about this taking place here, ok?
MAY24 1979
gl
49
Mr. O'Donnell: I understand..
Mayor Ferre: Alright,...
Mr. O'Donnell: To the issue of deferral. In speaking to what Reverend Gibson
id, �if you would passtake the...
said, it :on ,first reading,andin the interim
Mayor Ferre: Look, you are repeating. I'm sorry to cut you off but we are
just going over and over the same material again.
Mr. O'Donnell: Right. But take the opportunity to go out and visit the site
to see exactly what part of it we are talking about.
Mayor Ferre: Alright, any...
Mrs. Gordon: I wouldn't want to vote affirmatively on this at first reading or
any reading until I was sure I was going to vote the same way the second time
I mean it doesn't make sense for me to mislead you.
Mr. O'Donnell: Yes, Ma'an. Fine, thank you.
Mayor Ferre: Alright, further discussion on the deferral,
THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 11
to was introduced by Commissioner Plummer, and seconded
by Commissioner Gordon, and was passed and adopted by
the following vote:
AYES: Mrs. Gordon, Mr. Lacasa and Vice -Mayor Plummer.
NOES: Rev. Gibson and Mayor Ferre.
ABSENT: None.
ON ROLL CALL:
Mayor`Ferre;. My vote is academic. now, because there are three votes on deferral.
But I; just want to say into the record, 1 vote "no"'on it. I don't think we
should defer making a decision on first reading. I think we should either vote
for or against this on first reading today, that would give us plenty of time
to vote against it if we are not satisfied. I personally don't like that big
building there and I... that may be a crucial element that we haven't addressed
yet. May be without that big building Goodyear may not be interested in that
base being located there. So I need to know that, I need to know if there
really are any other alternatives. I don't believe that you couldn't take this
cut to the Everglades. And I will tell you what I'm afraid of, what I'm concerned
about. I know that Broward County would like very much to have the blimp there.
Now, you know, it's easy to say well, let them move, but this is an important
tourist attraction and something that's been a tradition in this community for
many, many years. It's part of Miami.
Mrs. Gordon: Maurice, you are not saying Broward would give. them waterfront,
land?
Mayor Ferre: I'm saying that Broward is going to go way out of,their way to
make land available to them that will be acceptable to their. Unfortunately,
in Dade County we don't any land that will be acceptable to them, I don't know,
may be I'm just kidding myself.<
UNIDENTIFIED SPEAKER: There is a perfect place
Mayor Ferre: It's already been voted
UNIDENTIFIED SPEAKER:.
Mrs. Gordon:
Mayor Ferre: Yes.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Lot's of luck. And you know what would happen Rose, we wouldn't
get to see it in Miami, except may be during Orange Bowl Games. You know why,
because you know how long it take to fly from interama down to the Miami area?
I don't care about Broward County, I'm a Commissioner in the City of Miami. I
don't care about Dade County, that's somebody else problem. My problem is Miami
down, you don't have to worry about it.
gl
50
MAY't4 1979
and I want that blimp flying around in Miami, not Fort Lauderdale or Opa-Locka
or some other place. I could care less where it flies up there. And if you
have it in Interama it will take you forty-five minutes for that darn thing
to fly down here.
Ms. Reed: Mr. Mayor, may I ask you a question?
Mayor Ferre: Sure.
Ms. Reed: I'm looking at the aerial over here which is turned away from you. I
realize there has been a lease signed with the County, but I see an alternate
site right there, that might be feasible and it's on the land filled area that
you own, that you have been order by the DER to fill in and landscape. Now,
would that be a feasible idea to work on? It's North of where they have already
leased the thirty-three, in that area.
Mayor Ferre: Frankly, would rather have the County spoil...
Ms. Reed: I don't know if the aero dynamics could do it or if it could be
worked out be it's certainly there available.
Mayor Ferre: I would rather have the County use their land than ours because
I think we are going to use that for a park.
Mr. Plummer: Mr. Mayor, I would like to also include if I could, that when the
applicant comes back to this Commission that they consider and entertain and
explore the possibility of having everything on this property with the exception
of the shed being located some where else as they have in the past. That is
possible that they might be able to move that hanger to a remote area for repairs
and safety reasons and just utilize the area for the landing and take -offs and
sightseeing.
Mayor Ferre: Ok. How about Bimini?
Mr. Plummer: Where?
Mr. Davis: May I ask a question Mr. Mayor? Would you like this brought back
on June 28th for both first and second readings on one hearing?
Mayor Ferre: I don't know. What's the will of this Commission?
Mrs. Gordon: No.
Mr. Plummer: I would like it brought back Mr. Mayor, after they have processed
their application through the other channels.
Mrs. Gordon: Everything else.
Mr. Davis: Well, that would be on June 28th.
Mr. Plummer: Then fine.
Mr. Davis: But my question was do you want both readings on one hearing, sir.
Mr. Plummer: I have no problem with that.
Mrs. Gordon: No, I don't personal.ly, if you are asking me.
Mr.*Davis: Well, what do I do?
Mayor Ferre: Well, let's put it to a vote now. What's the will of this Commission?
Mr. O'Donnell: Mr. Mayor and City Commissioners, would.it be possible to find
out in the inquiry what is the minimum amount of land necessary to operate this
blimp?
Mayor Ferre: Yes, I think those are valid questions. We would like to see what
hangers look like in other parts ,of the County, what's the minimum land you need,
are there any other alternative sites, that type of thing. Ok? We will hear it
on the 28th and we can decide at that time whether it's on first reading or
second reading. If it passes on the 19th, you know, we will see. Alright,
thank you, very much ladies and gentlemen,.
gl
51
MAY24 1979
26. APPEAL BY CARLOS A. ABREU OF ZONING BOARD'S DENIAL OF VARIANCE
FOR STREET SIDE YARD - 26 N.W. 47TH AVENUE.
Mayor Ferre: Now, we are on Item 12 which is the last item on the evening
agenda.
Mr. Plummer: No, you've got other items.
Ms. Hirai: 13C,
Mr. Plummer: 13A and C.
Mayor Ferre: We passed 13A and B.
Ms. Hirai: 13A was deferred. 13C.
Mr. Plummer: Oh, ok. We passed A?
s. Hirai: Deferred.
Mr. Davis:: This item was denied by the Zoning Board at the recoznmendation of
the, Planning. Department. There was a five feet setback required on this site
on the 47th Avenue side. The chose to appeal to you.
Mrs. Gordon: Which item are you on now?
Ms`. Hirai.'
•
Mr. Abreu: Ok, my name
and gentlemen...
Carlos Abreu, I live at 861'S.W.""llth,Street.
Mr. Plummer: Sir, I would suggest you wait until everybody
listening, but I'm only one vote out of five.
Mayor Ferre: Yes, sir,
go ahead everybody is listening
s listening.
Ladies
I'm
Mr. Abreu: Ok, thank you. Ladies and gentlemen, one of the great advantage
that the free enterprise system that we inherit in this very Country, is the
opportunity that the small person has to establish his small business and
prove his human warmth, fulfill the hope of obtaining a better future for his
employees, his family and himself. It is true that here we have large enterprises
but have enough capital and resource to comply with all the rules and regulations,
without seeing the results ever operate. But for a small businessman and here
we have thousands, these rules create and express difficulties. And it is yourself
that have in the hands the power to help the small man to crystalize his honest
hope because they don't have like the big companies, the capital and resource
to help themselves. I have bought a lot about ten thousand square feet that
contains a very small structure at the North corner. It is no larger than one
thousand two hundred square feet. According to the parking regulations and the
setback requirements, plus the landscaping I will be able barely build a store
of approximately one thousand three hundred square feet. This means that almost
three quarters of the total area of the lot that I have bought,
I have to use for parking, landscaping and green areas and only one third to
make money working to pay the whole thing. This.... as persons of great
experience you will realize that this for me such great investment does not
justify the construction of such a poor size building. If you add to this the
fact that I may not use the second store for business, but only for storage
the hardship is still greater. This is the only reason that I am asking this five
feet of you. The real truth is that if you do not grant me my petition, my
very small store will be terribly affected and I will be in deep trouble to be
able to survive. If you grant me my petition, this five feet will give me
a hundred sixty-two additional feet of store. This is not a great thing, but
it is something. In your hands I leave my solution. Thank you, very much.
gl
52
MAY24 1979.
4
Mrs. Gordon: Mr. Mayor, I'm abstaining on this item, I own the property
the corner of 47th Avenue and Flagler Street on the South side.
Abreu:
Twill be'very brief. This man owns;this lot here.
Ms. Meer: Name and address, please.
Mr. Vidal: Gabriel Vidal , at 3621 Southwest llth Street, Miami. Ok,
he owns a hundred by a hundred. This belongs to another people here. We have
a swail of grass on 47th Avenue and on the Terrace, ok, but the grass stops
here. From here to Flagler there is no grass on the street and the City of
Miami permitted, not only to eliminate the grass, but to pave the street and
this building here goes right to the sidewalk. The reason we want five feet,
is for this. Although the building will be ninety by thirty Pollution Control
won't let us use the building for store. I mean, it's a two story building.
The second story would be permitted to be used only for storage, that storage,
no more. And then the parking regulations from the City of Miami which requires
fifteen parking spaces will permit us to use only less than half of the first
story. So out of all this building, two stories, we will be able to use only
this for stores. Only thirty-two by forty-one because we have to put five
parking spaces under the building and twelve more around it. We are going to
have a lot of landscaping because they are making us put more trees than
required by the C'• . It's not going to look bad, it's only five feet. We
want to make the sty;,: just a little bigger, that's all. Between pollution,
landscaping, parking and green areas he won't be able to sell toilets over
there.
Mr. Plummer:
on the side,
Mr. Vidal:
47th Avenue.
But sir, according to my agenda, you
not on the front.
Mr. Plummer:;
Mr. Davis: Yes.
Mr. Plummer
Mr. Davis:`
Mr. Vidal:
No, no. the agenda
,What?;
are asking for a variance
s wrong, sir. It's on the fron
What are you shaking your head,
Yes.
It's right there on the front.
s .
it's 'off
Mr. Davis: 'The variance is on 47th Avenue, but that is legally the sidestreet
instead of the... the front street is Flakier. That's just the way the
interpretation is made in the Code.
Mr. Vidal: It would be the side street, but it's the front of the store.
The store would be in the middle of the block between Flagler and the Terrace
fronting on 47th Avenue, half a block from Flagler. The corner goes right to
the.sidewalk, so it wouldn't be•any big difference if we just go to the sidewalk
like the other guy. Because we are restricted in the use of the building. Out
of a ninety foot building we can use only forty-one feet because Pollution
won't let us use the second story for selling, only for storage and the City
wants us to have five parking spaces there. It doesn't leave much. We had to
build a two story building ninety by thirty-two.and we can only use forty-one by
thirty-two.
Mayor Ferre: Alright, are there. any opponents present here?
Mr. Vidal:.
Yes, sir.
Mayor Ferre:., Are there any oppdnents? Is there anybody opposed to this? Alright,
does anybody want to oppose it? Alright, what's the will of this, Commission?
MAY' 24 19 7 9
Mayor Ferre: Father Gibson?
Rev. Gibson: I have some concerns.
Mayor Ferre: Alright.
Rev. Gibson: As you go out and you see that property out on 47th, 1
if that firstbuilding there is no other building comparable to what
advocated. That bothers me.
(BACKGROUND COMMENT OFF THE
PUBLIC RECORD
is say
s being
Mayor Ferre: No, speak into the microphone; sowe will have
Mr. Vidal: Father, now existing is only two little veryold ugly buildings;.
that are going to be removed. One is...
Rev. Gibson: But what is the zoning out there Mr...
Mayor Ferre: C2.
Rev. Gibson: The other buildings.
what's'' that zoning?
a record.
Those two small buildings he'i s talking about,
Mr. Davis: It's zoned C2 all the way to`FlaglerTerrace, sir. All this property.
The one:existing- building is setback from the street..' The new:proposal is :not
to setback. If you' will refer to your sketch on the back of the fact sheet.
Mr. Vidal: Two very little houses, one, frame and the ,other 'One .CB.
horrible now Father?
Rev. Gibson:' " Y
can't..
if you are going to upgrade a neighborhood, you know, you
Mr. Vidal: The neighborhood have no objections.: Only two persons objected the
last time and one of them signed me an affidavit agreeing with what we asked.
Mrs. Milford`.
Mayor Ferre: Father...
Rev. Gibson:
Board.
._Mayor, I`believe we ought to up hold the Planning. and Zoning
Mayor Ferre: Alright, there is a motion to up hold the Planning and Zoning.
Board, is there a second?
Mr. P lunmier:
Second.
Mayor Ferre: There is a second
discussion, call the roll.
ON ROLL CALL:
o up hold the Planning and: Zoning
Mayor Ferre: Now, there is only four of us voting,
Zoning Board is up held anyway, right?
Mr. Plummer: The motion dies.
MayorFerre:
Mr. Lacasa:
Mr. Plummer:
dies.
Themotion is dead anyway.
vote
Board,
further'
hen the
o. You vote "yes" the motion carries. You vote "no" the motion
Mayor Ferre: Oh, that
s right.
Mr. Plummer: Because it's a two constitutes a deniah.
Terre: Alright.
Alright.
Mayor
Mr. Abreu:
gl
I say something, please?
MAY24 1979
Mayor Ferre No. I will tell you... Go ahead.
Mr. Abreu: Just a little thing, if you don't give, ine the five feet, give m
two 'parking spaces under the building sowe can stand inside.
Mayor' Ferre: Can we do that?
Mr. Abreu: We've got fifteen spaces too; much for the store.
Mr. Davis: Not at this point... goingto have to go back through the process.
Mayor Ferre: Well, you will have to: go back through the process.:.I will tell
you..". I'm in the middle of a votenow and I will `vote with the motion to up
hold both the Department and the Board, so your motion now fails. Now, what..
I would vote for what you just requested.
Mr.'Plummer No, 'the motion
Mayor Ferre: I mean, the motion passes which` means that they, don get:what„they
want. Ok, now, I would therefore,'` recommend that you then reapply and ask for
that. When that comes up I think I, would be in favor of giving him two extra
parking spaces.
Mr. Plummer: Yes, but what you have done in effect Mr. Mayor, is precluded him
reapplying for a year.
Mayor Ferre: Yes, he can reapply for that.
Mr. Davis: Twelve months, Mr. Mayor.
Mayor Ferre: Oh, I see. Well, how could we do this so that he doesn't
wait for a Year to reapply for that? Defer it?
to have him do what?
have
Mr. Davis: What was the desire of the Commission,
Mayor Ferre: Well, what he says is ok, he won't press for whathe is asking for
and what he wantsto.do'-is to get to put two more parking spaces
the - ability
there.
Mr. Davis: It could be deferred for a new application and we can hold the same
thing at that point. probably.
Yes, ok. Well, thenlet me... would the members
Mayor Ferre:
permit me...
Rev. Gibson: I:
Mayor Ferre: N
Mr. Plummer: Y
Mayor Ferre: Alright, I move-- since
be reconsidered for the purposes as I
Mr. Plummer: Is there a second?
Mr. Lacasa: Second.
Mr. Plummer: Call the roll.
Mayor Ferre: No, you can't..
h, ok.
will withdraw the motion and move to defer it.
of; the Commission
o, you can't do it that way.
es, you can. Well, you've got to 're.onsider now.
I was on the prevailing side -
have explained.
Mr. Plummer: Well, wait a minute, noyou are right. H
are seconding?
Rev. Gibson:
Mr. Plummer:
I will second
• Yes.
that this matter
can second it. Father
Father seconds it, call the roll for reconsideration.
Mayor;Ferre: Now, I would move you sir, that this item be'deferred Yfor the
g y
purposes of��chan inB what�the are requesting.
Mr. Plummer:
Is there a second?
gl
MAY14 1979
Rev. Gibson: I will second it.
Mr. Plummer:' Call the roll.
The following, motion was introduced by Conunissioner Ferre, who
moved its adoption:
MOTION NO. 79-398
A MOTION DEFERRING CONSIDERATION OF APPEAL. BY CARLOS
ABREU FOR A VARIANCE FOR STREET, SIDE YARD AT 26 N.W.
47TH AVENUE SO THAT HE MAY PRESENT AMENDED PLANS OF
HIS PROJECT.
the
Upon being seconded by Commissioner Gibson,
and adopted by the following vote:
AYES: Mr. Lacasa, Rev"Gibson,-Vice-Mayor P
.lumoner a
NOES:" None.
ABSENT: None.
ABSTAINING: Mrs. Gordon.
Mayor Ferre: Thank you, gentlemen.
motion was passed
nd Mayor Ferre.
Mayor Ferre: Alright, we are now on the last item which
Mayor Ferre: Alright, weare now on Item 13C, which is the Coconut... Alright,
this is the last item.` The Planning Advisory Board by voting three to three
constituted a denial Of the Coconut Grove overlay. Are there objectors here?
Mr. Plummer: ""I want to hear from Whipple why they are recommending against this.
UNIDENTIFIED SPEAKER:, Can you give us some insight as to when you will callour
problem? I'm very concerned about the health of your legal staff.
Mayor Ferre: Right, next. Yes, well, it's the next thing. It will be five
ten minutes, I hope.
0
UNIDENTIFIED SPEAKER: Ifyou don't do something quickly, I really do suspect
that they are going to be... they are going to get ill...
Why, they have been sleeping for two hours?
Go ahead Whipple.
UNIDENTIFIED SPEAKER: ... and then, they will just have
Mr. Plummer:
Mayor Ferre:
Mayor Ferre: Would you tell, Rose, that we are startin
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)."
Mayor Ferre:
gl
Yes.
ojoin a union.
limy 4 1979
27. APPLY ARTICLE XXI-4 OF 6871, COCONUT GROVE OVERLAY DISTRICT
(SPD-2) TO SOUTHEAST SIDE OF MICANOPY AVENUE.
Mayor Ferre: We are not on Item 13C, which is the Coconut Grove overlay,
Rose. Go head.
Mr. Whipple: To the best of my knowledge, Commissioner Plummer, the Board at
that point in time and the meeting and what have you felt that this was an
additional regulation that wasn't need.And therefore,
Mr. Plummer: But I understood before that the department
it.
Mr. Whipple: Well, we had recommended against including
in the R-1B and also, into the SPD-2. Alright?
Mr. Plummer:. But in effect, aren't you really going to allow the Bayshore
Properties to gather up and resubdivide?
Mr. Whipple: Well,as we indicated to you at the last meeting when we discussed
whether it should or shouldn't be included, we did not think it would be a
problem because of the very nature of the ownership the depth of the property
and the fact that this is considerably different than the other properties
along South Bayshore Drive.
Mr. Emerson: May I speak to the City Commissioners? I'm Dr. Waldo Emerson,
I live at 1621 Micanopy Avenue. With regard to the type of property Mr. Whipple
and the type of people living there, due to a recent townhouse that has bee:
built, we now have design Coptic Church living on Micanopy avenue. Now, I
don't know whether or not they have plans for buying additional property and
developing it, but the possibility does exist. And I think that the City
Commissioners gave the Planning Board the information that it would be somewhat
absurd to divide half of the property between South Bayshore and Micanopy under
one statute or may be the term "statute" is inappropriate and leave the other
half completely out of it. It's as though you build something half way and then
the other half of a continuous piece of property, you approach from a different
point of view, which seems to be a little bit absurd. I guess that's all I have
to say at this point.
Mayor Ferre: Ok, anybody else?
Mr. Plummer:
Mayor Ferre: Bob, you..
Mr. Plummer:
Mayor Ferre:
Micanopy ike?
Mr. Harden: Yes, I am now and I'm alsoon the Board of Directors of the Tigertail
Association for reasons unknown to me. -I' attended my first meeting and "I.
wind up one;, this = Board. But I do . want to...
.... hold it, Bob Harden wants to say. something. Are you a big
Ms. Hirai: Your name and address for the record please?
Mrs. Gordon: Put your name in the record.
Mr. Harden: Robert Harden,'1770 Micanopy. And I do want to just speak in
support of what the Doctor said and that I believe that we would have a lot
more people here tonight if we were aware that there was going to be a change
in the way it was proceeding from the original vote. And,;I hope that you will
understand that there are several pieces of property which I'm not familiar
with, but I know there was a great deal of concern.
gl
57
Ay 24 1979
Mayor Ferre: Bob, for my mind at 11:15 which I don't follow things too... Are
you for or against this?
Mr. Harden: I am for proceeding with the change in the present zoning.
Mayor Ferre: So in other words, you are for the overlay as recommended? As
are you Doctor?
Mr. Harden: Yes, that's correct.
Mayor Ferre: Ck. Yes, ok. So you are not opponents, you are proponents?
•Itr. Plummer: I move 14C for adoption.
Mrs. Gordon: You are in favor of the overlay? No questions on it?
Mayor Ferre: Alright, there is a motion on 13C as I recall, for adoption by
Commissioner Plummer. Is there a second?
Mrs. Gordon: Second.
Mayor Ferre: Seconded by Mrs. Gordon, further discussion, call the roll.
• - •,• •••-_• , •, , ••
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING ARTICLE
XXI -4, COCONUT GROVE OVERLAY DISTRICT (SPD-2),
TO PROPERTIES ABUTTING AND ON THE SOUTHEAST
SIDE OF MICANOPY AVENUE IN COCONUT GROVE; AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE
NO. 8671 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
PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Gordon and passed on its first reading by title by the following vote:
AYES:
Commissioner Rose Gordon
Commissioner Armando Lacasa
Commissioner (Rev.) Theodore Gibson
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
Items from the afternoon agenda which were discussed after the
Planning and Zoning Items have been included in the Minutes Of
the afternoon agenda for continuity.
gl
MAY 24 197
ADJOURNMENT
There being, no further business to come before the City Commission,
on :ion duly made and seconded, the meeting was adjourned at 12:45 A.M.
ATTEST:
Ralph :G.`Ongie;
City Clerk
Matty Hirai -!
Assistant City Clerk
Y 2`4
•
•
79
11111111111111IIIIIMMIll
city of MPAMI
DOCUMENT
MaaTNG D.T.
INDEX
May 24, 1979
ITEM NO
1
2
3
4
5
6
7
8
9
1
1
1
1
0
1
2
3
DOCUMENT IDENTIFICATION
COMMISSION AGENDA AND CITY CLERK REPORT
APPROVING, CONFIRMING AND RATIFYING THE CITY
MANAGER'S ACTION IN HIRING THE FIRM OF HERMI-
TAGE MANAGEMENT SERVICES, INC:
ACCEPTING THE PLAT ENTITLED HEARN HEIGHTS, A
SUBDIVISION IN'THE.CITY OF.MIAMI.
GRANTING APPROVAL OF GOVERNMENTAL USE TO CON-
STRUCT AND, :OPERATE FIRE STATION #4, ON LOTS
8, LOTS:9 THRU 12 LESS WEST 10 FEET THEREOF,
MIAMI HEIGHTS.
GRANTING APPROVAL OF. GOVERNMENTAL USE TO CON-
STRUCT AND OPERATE FIRE STATION #14, ON LOTS
181 THRU 183 AND B, BEACOM MANOR
ACCEPTING THE PLAT ENTITLED JAMESTOWN CENTER,
A SUBDIVISION IN THE CITY OF MIAMI -
AUTHORIZING 'THE•PROPER OFFICIALS OF THE CITY
OF MIAMI TO ACCEPT AND 'RECORD kGRANT OF..
.PERPETUAL EASEMENT -FOR PEDESTRIAN PURPOSES
ACCEPTING THE PLAT ENTITLED INTERCAP SUBDI-
VISION, A SUBDIVISION IN THE CITY OF MIAMI
AUTHORIZING THE PROPER OFFICIALS OF THE CITY
OF MIAMI TO ACCEPT AND RECORD A GRANT OF PER-
PETUAL EASEMENT FOR PUBLIC STREET PURPOSES.
ACCEPTING THE PLAT ENTITLED FORTE PROPERTIES
SUBDIVISION, A SUBDIVISION IN THE CITY OF
MIAMI
AUTHORIZING THE CITY MANAGER TO EXECUTE, ON
BEHALF OF THE CITY, AN AGREEMENT WITH MIAMI'S
SUMMER BOAT SHOW, A DIVISION OF POSITIVE RE-
SULTS, INC., FOR THE USE OF COCONUT GROVE
EXHIBITION CENTER.
AUTHORIZING ISSUANCE OF A DEVELOPMENT ORDER,
APPROVING WITH MODIFICATIONS, THE BALL POINT
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT,'
PROPOSED BY HOLYWELL CORPORATION, FORTRACT
D, DUPONT PLAZA
EXPRESSING THE INTENT OF.THE.CITY COMMISSION
TO ACCEPT THE HONOR OF BEING THE HOST CITY
FOR A TWO-DAY CONFERENCE IN THE FALL OF 1979
COMMISSION
ACTION
R-79-381
R-79-384
R-79-385
R-79-386
R-79-387,
R-79-388
R-79-389
R-79-390
R-79-391
R-79-394
R-79-39.6
R-79-399
RETRIEVAL
CODE NO.
0009
79-381
79-384
79-385
79-386
79-387
79-388
79-389
79-390
79-391
79-394
79-396
79-399
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