HomeMy WebLinkAboutM-79-0181GMM/ts
3/28/78
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI,
BY CHANGING THE ZONING CLASSIFICATION OF LOTS 25
THROUGH 30, BLOCK 55; FLAGLER MARY BRICKELL (5-44),
BEING APPROXIMATELY 1616-36 BRICKELL AVENUE, FROM
R-1 (ONE FAMILY) TO R-3A (LOW DENSITY APARTMENT);
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.
WHEREAS, the Miami Zoning Board, at its meeting of March
6, 1978, Item No. 44 following an advertised hearing, adopted
Resolution No. ZB 49-78 by a 7 to 0 vote (1 member absent),
recommending denial for change of zoning classification, as /
hereinafter set forth; and h
WHEREAS, the City Commission, notwithstanding the recommen-
dation of denial by the Miami Zoning Board, and after careful
consideration and due deliberation of this matter, deems it
advisable and in the best interests of the City of Miami and its
inhabitants to amend said Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
MEMT,r�!'1EX'
CITY OF MIAMI, FLORIDA: "DOCU.)
Section 1. Ordinance No. 6871, the Compr hensi"ve" • oning
Ordinance for the City of Miami be, and the same is hereby amended
by changing the zoning classification of Lots 25 through 30,
Block 55, FLAGLER MARY BRICKELL (5-44), being approximately 1616-36
Brickell Avenue, from R-1 (One Family) to R-3A (Low Density
Apartment); 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.
Section 2. That all laws or parts of laws in conflict
herewith be, and the same are hereby repealed insofar as they
are in conflict.
Section 3. Should any part or provision of this ordinance
..,27k"NiE
79—/cfy
be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the ordinance as a
whole.
PASSED ON FIRST READING BY TITLE ONLY this day
of , 1978.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this
day of , 1978.
MAYOR
Attest:
City Clerk
PREPARED AND APPROVED BY:
G. Miriam Maer
Assistant City Attorney
APPROVED •S TO FORM AND FOR' CTNESS:
eorg- F. Knox,
City 3 torney
-
March 8, 1979
Commission Agenda
Item 3
Objector's Exhibit fl
14'
/ Mg/5
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
/ . 67/445_,
i
/5Z St3 /Y, m1/ 4/ -
Address
smr
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
Address
y`
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
Address
smr
j %'(
�`7.1-14
I
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
ifOr/./ht:4•1A1 iatrei
Address W :- d('
smr
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
Q G L
183.5. s, haaa,1:
Address
smr
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that 1 am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
744edieetoe
*20i e S .
Address
smr
frik.s7 Ave
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
illeet-k4:,4-• i• HeL
I Im e I t-
Address
smr
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
/ 41 ku
)2311 ��•
Address
smr
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that 1 am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
giD •
/tfitivitie
Address
/4/tivvl"-
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
Address
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
/7
Address
00 1
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
Respectfully submitted,
.L_
i
0
Address
smr
f ;1
NIIIIposenn
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
Address
March 7, 1979
The Honorable City of Miami Commission
City Hall
Miami, Florida
Dear Commissioners:
As an owner of property in the vicinity of South Miami Avenue and Brickell
Avenue, please be advised that I am opposed to the proposed rezoning of the
Westerly side of Brickell Avenue from single family residential to R-3A, multiple
family residential use.
smr
Respectfully submitted,
Address
COURTESY NOT I C E
Not required by Law
NOTICE OF PUBLIC HEARING TO THE OWNERS OF REAL
IN THE VICINITY OF
APPROX. 1616-36 BRICKELL AVENUE
MIAMI, FLORIDA
City of Miami
March 8, 1979
Commission Agenda
Item 3
Objector's Exhibit #
ESTATE
l3
The Miami City Commission, at its meeting of THURSDAY
March 8, 1979 at 6:00 P.M. in CITY HALL, 3500 Pan
American Drive, Dinner Key, Miami, Florida, will consider the
following:
LOCATION:
Approx. 1616-36 Brickell Avenue
Lots 25 thru 30, Block 55;
FLAGLER MARY BRICKELL (5-44)
PETITION: An Ordinance for Change*of Zoning Classification
of above described property from R-1 (One Family)
to R-3A (Low Density Apartment).
At its meeting of March 6, 1978, the Miami Zoning Board adopted
Resolution No. ZB 49-78 by a 7 to 0 vote (1 member absent)
recommending Denial -of above.
This item was deferred trom the City Commission meeting of
April 27, 1978.
IMPORTANT
The Miami City Commission requests that the PETITIONER and, if
applicable the APPELLANT, be present or represented at this
meeting and all interested real estate owners and other citizens
are invited to express their views.
The petition and supporting papers concerning this item are
available for review at the Planning and Zoning Administrative
Board, 3318 Pan Americar Drive, Dinner Key, Miami, Florida.
No Permits or Certificate of Use and Occupancy, etc., will be
issued by the Building and Zoning Inspection Department until
a final disposition has been made on this request.
PLANNING AND ZONING
ADMINISTRATIVE BOARD
COURTESY NOTICE
Not Required by Law
AVISO DE CORTESIA
No Requerido Por Ley
AVISO DE UNA AUDIENCIA PUBLICA
A LOS DUEROS DE PROPIEDAD INMUEBLE
EN LA VECINDAD DE
APROX. 1616-36 AVENIDA ARICKELL
MIAMI, FLORIDA
La Comisi8n de La Ciudad de Miami se reunirg el dia 8 de Marzo
de 1979, Jueves, a las 6:00 P.M. 'en el Ayuntamiento de La
Ciudad, site en el 3500 Pan American Drive, Dinner Key, Miami,
Florida, para considerar to siguiente:
DIRECCION; Aprox. 1616-36 Avenida Brickell
Lotes 25 al 30; Bloque 55
SUBDIVISION FLAMER MARY BRICKELL (5-44)
PETICION: Conaideraci$n de una Ordenanza para un Cambio de
Zonificaci8n de la propiedad descrita anteriormente.
El cambio propuesto es de R-1 (Residencial de una
Familia) a R-3A (Apartamentos de Baja Densidad).
La Junta de Zonificaci6n de la Ciudad de Miami, en el mitin
celebrado el dia 6 de Marzo de 1978, adopt8 la Resoluci6n ZB
4149-78 recomendando la NEGACION de esta petici6n por votaci6n
7 - 0 (1 miembro ausente).
IMPORTANTE
La Comisi8n de La Ciudad de Miami solicita que el Peticionario
y, si fuera aplicable el apelante, este(n) presente(s) o
representado(s) en este Audiencia Pdblica. Todos los duenos
de propiedad inmueble y otros ciudadanos estdn invitados a
expresar su opinidn.
La petici6n y los papeles que documentan esta Audiencia Pdblica
se encuentran disponibles para su revisi8n en la Oficina de
Administracidn de 1a� Juntas de Planificacidn y Zonificaci6n,
sita en el 3318 Pan American Drive, Dinner Key, Miami, Florida,
33133.
El Departamento de Inpecci6n de Construcci6n y Zonificaci8n no
emitird Permisos o Certificados de Uso y Ocupaci8n, etc., hasta
que no se hags una disposici8n final en este caso.
LA ADMINISTRACION
DE LAS JUNTAS DE
PLANIFICACION Y ZONIFICACION
AVISO DE CORTESIA
No Requerido Por Ley
4.
:APPROXIMATELY 1616-3C: i)'tTCKri.I. \_1'J'':1'I:
Lots 25 through 30 , fl1rck 5�5
FLArLER MARY FRICI rl,L (5-44)
Change of Zoning Classification of
above site from Jt-1 (nne 'ami ly) to R- 3.\
(Low Density Apartment).
t of Miarni
City 1979c1a
Item 3
March a'ionnen
�g5
Con` �I
's Exhib,t
Oblecto (O
Secretary filed nroof of nuiAication of Legal Notice of 'Jc.arino
and administered oath to all persons testifying at this hearing.
3 OBJECTORS TO Ti1TS IT):'4 717:R1: P'TFI'NT
1 PRCPnN1 NT TO THHIS I"T:: '-'AS Pi 7S7. 1T
ilr. Davis: Did you .fish to sneak sir?
Mr. Bric':man : Mr. Chairman, with the consent of the
attorney for the applicant on Item 3, I would like to reguc.st that
Item d be heard first.
ir. Dean: T•'here is the attorney for Item 3?
(Mr. Ro'pert Traurig, attorney_ for applicant on Item 3
rises and nods .assent to this request).
:'r. Davis: Alright, •ae will call Item 4.
''r. Dean: Susan?
'Is. Susan groves, Denartment of Planning: ' ir. C airman .
'ter -,ers of the 3oard, our 7enartrwnt is recommendinci approval of this
zoning request. We feel that due to the chance in the character of
the neighborhood such a zone could qo in. It's also consistent with
our comprehensive development neighborhood plan.
lr. Dean: Alright sir, state your nape: and address
for the record.
''.r. Br. icknan : My name is Richard Ericknin . I'm with
the law firm of qurrn, Merritt, So*ag, and Cohen, Suite 1R7),
1 Biscayne Tower, iani, Florida 331'11. I'm here nn behalf of
'Iorlev Realty Corporation. The annlication is for a chanr r of zoning'
from 1:-1 to 't-3\. %,s a member of Staff mentioned, this application
is consistent '•'it's the Comnrehensive ':r=i^h`aorhood Plan for the City.
It's'also consistent with the development that has taken place on
yricke11 Avenue. The nrnnerty is located diagonally across the street
from the C.T.A. Towers. I have nothing further to state at this time.
'1r. Dean: You're the attorney for Item 4?
':r. !3rick:aan: Yes sir.
Mr. Jean: Alright, in anyone in oonosition?
Mr. Lu" acs : Chairman scan, ladies and crentlemen , m•►
name is John Lucas. I live in the neirzhhorhood at 1665 South 'Iiarli
.Avenue and I'm a realtor. '^he rer'tlr'stel chance, although it has
received the recorr"'ndation of annroval Ire the rlanninc Staff on the
basis that it i:: consistent with the generalized Land Use Plan,
nevertheless, needs to be exnlored a little more fully I thing.
The generalized Land Use Plan extends itself to land uses nerhans in
the year 2000 and we're only in 117R. The petitioner has indicated
that it's consistent with the development plan on i3rickell Avenue.
I submit it's not. The development along Drickell Avenue, on the Bay
side, is rather distinctive in nature. It's the R-5A zonincr. It
has a rather unic,ue development characteristic, bayside use, deep lots,
-52-
'larch 6, 1978 Item 4
7, B
extensive vegetation and some rather attractive a:lartment huildinc's
have been constructed there.
However, on the westerly nidc of Rrickell nvenue, we
have a totally different characteristic. ''e have a neivh',orhood of
predominately well -maintained single family homes rnanv of which have
been in recent years extensively.' and expensively remodeled. Homes
have been purchased in that area for single family residential une.
The g-3A zoning district, if appliod in this neighborhood. is going
to nrecinitate two things, I thin]:. Tt's going to introduce a rather
incomnatihle usr to an area of com`ortable homes by placing the r-3A
zoning classification alone the rear line of those single family
houses. In the use of single family homes, each of you know that the
more personal, sensitive areas of r►niovment of the home is in the back
•'.rd. Here is where the families congregate, have a harbecue, have
a swimming nool, have the informalit" of the familial relationships;
not in the front Yard. B,y placing the rear of 2-story or so, arart-
ment buildings overlooking these rather personal and sensitive areas
of single family residential usn, will tonrl to acnreriate the value
of those homes rr'sultinn in the spiral of decline of a neii,h')oncooc:
that you all have seen throughout Aia-1i whenever the incomnati'lr' use
is introduced. he r ni ral of decline very simply is that where
ownersshin neglect begins to take over after the motivation of pride of
ownership is lost because of the foreign uses in the neighborhood.
The second consideration that : thin you T1ioht .;ant,
or should, aivr' consideration to, is that alt'noucth it has '.)ecn said
that residential use., should be r1ade avail a'-Nle nc ar tho Central
T3usine,s Oistrict, you aro all a'aaro 'r' .,our serico on this ;?pare,
that south of the iani 'ivc'r, welt of rict:ell ".venue, ,anrt cast (lc
thr, nronrs' d corridor of the r.aniri tran :it evst,-'-,, there exists nn'•7
amr-1�• zoned laid for mu] tinlc'-fami.l•' resj r?r'nti al ur-n that ongn- pans
an area right no'," of annrnximately 71 acres that are still maintained1
as older, one-story' rramo, two -'',tor'.' frame !'''r llinr«, anc' rc>n*'lrlr
houses that have not _peen r, -:'(vc lrnc'? -et for
aro rivri1a.'1(7. to n�ro'y1ic'e. a ,u',-)strnti.l ,-1:iciint of" r. -'_ i2r.tia] '1oAsin'
i1�11,'�Crnt t- t le .1,-nt1 'l -.u'lirr ) 7 intn 1
t-''nt is not in transition, ? r'r7•''no.;i7c' thr ''ord "not", and to
suggest a zoning change especially t' r '? -3 cater•or',• . is j ist not
r-oo,i for thr nr is r>r'lor 1, an,: it cc •-tai nl'• i- not ,ior' "nr
rY" j.^"i.
1 ',rlirvc that vc 1 ;i.1? cr.--ate
zonin'1, „1? if T ma,, diorr'' for just a ro„i'nt, at t v ti7,e t•1e
-3 :'.oninr' -;as first a.lo oted ;" t'.>(' Cit' is as a zoning ,Jistrict,
an': 1 '1A1/(11 te -4ea;ure of bring one of •'our rci l>crshin . T i as r>n'm4C
to it as a Ian,' '1L-. I thin}: it is a dctrirlrnt to the ncighbor iooa
'Irr,ausc it i- so linitine in thr tv.-)e of usr that it will ' rovir?r Ana
it almn';t r1c r'a n•?r,, a su'a-tanclara t" :. of '-.r '.1 1^^ ' a - arr tn.11 ♦.,nr of
ana.rtmont crinnl.x in orr?er to he successful.
T Feel that those 'plc-r•nts aro rlcinrt to create a
c:efinite detriPnnt to the other homes that are on ;'out:1 ''.iani Avenue
and on i rick'11 \venue ant I urge "nu not to ar',ont the 7Z-3A zoning
district for this 'trip. Than%: poll.
:ir. Dean. Than:; ••o'i. '.n"n-1e t lcr?
:'rs. rarnanrjrz: 'ir'my)er; of the roard, mY name is
rernanaez. 1'7 re -)resenting r^' parents, Scrninro and Amwlia
rernrnc'ez who reside at 1642 Tric';ell Avenne. That is lot '24 -•►! ic`1
in adj ace nt to the current :property in guestinn
,:o•• i ►ou1-i like to su-,port everything that 'Tr. ',ucac
'las said so far, as far as the nrivaev Of the hone is concerned. the
character of the neighborhood which has not been changed whatsoever
on the area that is being rrcv osed for change, right no". There's
another problem that Mr. Luca': raid not raise which has been raisers
-53- :larch 6, 1979 Ite'.1 4
�� 7
already 'sere tonight and this is the narking problem. Thera .are
sore other lo./-densityapartment 1.ousinr further on at Brickc'll Avenue,
the . . . block area and it is a common sic:ht eerry day to see cars
narked on the sidewalk because there arc not enough narking spaces
for the residents and their guests, and this is something that shout. i
he considered. There is no notice enforcement that- has gotten rids of
this and I believe thin is the main consideration for this Board to
take tonight.
Mr. Kean: ';hank you «er'' much. )\'"'onr else?
'tr. Sterling: '1y name is Jeffrey r terlinr'. T'^ a
resident at 161A nrickell Avenue. I've never spoken to a large
audience. I Drought along a niece of evidence that's pretty irnressive.
It's a nicture of a Banyan tree that oro••G at 1616. It's the lnr-•est
Eanyan tree that an"one I %no'•r has ever Been. It's nrett' tvoical of
the kinds of things that grow around there. I'd like to shoo them to
you if you'd like to see them.
mr. Dean: (live then to "r s . Ca1lnhan and she'll Hass
them along.
• '4rs. f>asila: Sir, did you say ;'ou live at 1616? That's
the pronert•' in question isn't it?
lr. Sterling: Yes.
Pars. Pasila: Do you rent it?
Sterline: I rent it 'ro:a the ' or1e'' Zea1ty Connany.
I think they're going to close out r',v lease. (general laughter) .
I'm concerned. I live in this area of the City ')ecause of the t.'a•!
it looks. It's the t"re of thing that youth Florida is 'mown for an"
it's unique. There isn't too much left. I'd like to ask some r_uestion.
"ho is that woman over there?
Mr. Davis: '1s. Susan (roves who is *he renres'ntative
from our Planning Department. She is making the recommendations for
the Board as is renuired ;.n► our law. 'Mev study arch item, fro:'
a technical Planner's standnoint, and r'al:ee the technical rece-in n,iation-
to the hoard.
Mr. Sterling: I'd li'-e to as'c You, what a5out the
'character' You acre mentioning - the `.ailing character of the
conr^unity? I don't think anv of the nronle that came here actually
are t,'nical of what "ou are talking aheut.
moves: I didn't sa•• failing character , I said
it was a ' channr in character' in thic;h'Jor'tooa , changing un there
just north of rrickcll Avenue it has .,yen a transition zone from
residential to more commercial use.
;'r. Sterling: I'd to suggrqt that you drlav this
motion 'because I didn't know that there were other neon1e that cared
either, argil there arc a lot of nro•,lr -.'ho live on that strin on
3rickel l who would be more inters step' in this.
�r. :avis : Thev were all notified sir, of this :gearing.
"r. Sterling: I know, but there's a certain oraanization
that you need in order to bring somcthina like thin before a Board.
That's 311 I have to say. I would like to say one more thing, I'm
not exactl" sure of the procedure, but if there's a motion I should
make in order to get sorr organi?ation? (general annlause) .
"r. 3rickHan: Talking to the l.a;t -tint first, I
;:elievc the file reflects that notification to surroundin7 neirh')or-
hood resi'?cnts "ere furnished. In fact, the r.•'ner of nronerty
-54- 'arc`s r. , 1?7^ Tter' 4
711
i=diatel7 to the north rrcommenr'.e 1 *hat the zonins. ,C ar.,rovrl. In
-act, the `sale'', of the slur r,tion Peron s the street recollmenrird in
savor of it. I 'Jelievr there -•fere only two o'llecti""s by the neonle
`•.'hn 'laV(' spoken today. This is not an anplication to remove Banyan
trer;. I don't know who will ultimately develop this nronert", ',ut
if it stcr1"S ]within the ')resent ownersh1 ,, thrsr are really envi.rnn--
r•ehtally concerned People, this is not an application to build a tower
overlooking, a back yard. This is an a,-'nlication to : e consistent 4.'ith
• hat has ')een demonstrated to bp the c',.anaing character of the Brickell
area rronert".
Mrs. Taro: Mr. Chairman, T''1 like tr' ask "r. nrickman
a r'ue .tion if I may.
Ir. Dean: ;lave you f inic;'lr•d your presentation?
'11r. Brickman: Yes sir.
'-lr. lean: Alright, close t'le nn)l.ic ;learin:- and
have c11sCUSSlon among) 3oarr'_ Members. plc` ahead Mrs. taro.
sirs. faro:
'1r. Brie -min. "orley 7ealty is the owner,
lenrliola is the owner of this grope rt"?
•ir. F)ricknan: ':or1F•► rc'ilt�;► is the owner of this
nronert", ve .
Mrs. Barn: 7o they 'lave it un for sale?
',1r. Brickman: ':n, t'lnv do not to rs" knowledge.
lrs . Zara: I assume thnt they are• roinr, to sc'11 the
Property?
'•ir. Brickman: I don't think that's a fair assumption.
I know that "1r. 'lorlev anri his various companies own a number of
parcel:, in the area and I don't know that any of then are For sale at
this moment.
development.
Mrs. Taro: The Purpose then, for the rezoning is?
*1r. Brickman: Is to establish the zoning for possible
rlrs . '3aro : I unders tand.
Mrs. Kolski: Mr. Chairman, I'd like to ask this
'gentleman a question.
i,r. Dean: I was about to ask Mrs. Alexander one.
Mrs. Alexander: It's :'P1ma Alexander again. I have
a rmestion as to the Precedence for rezoning R-3A from R-1 in the
Brickell area without a development elan.
Mr. Davis: This was established by the Brickell Plan
as I remember, Mrs. Alexander, with no reference to anv specific
development elan. In fact, there's no wav that you can attach a
development plan to a change of zoning. There's nn way b" law. But
the Cric':e11 T'lan when it was developed in 1973 - or whenever it was
recommended that the entire west side of Brickell '1rtween 15th and
25t:h :,e rezoned R-3A.
Mrs. Alexander: Be rezoned something. The '.2-3 \ has
'.3een (interrupted here) so manv times, and there has been special
studies made nonr of which have ever come to anv fruition. We're
in the process now of doing a zoning studv in reference to the
A ComPrchensive Than and maybe we ought to sit tight 'oefore we rezone
an�•t'� inr- more - ''- 3 :'s - I really think it's a had zoning.
-
-55-
"arch 6, 1778 Item 4
gl3
:r. Fterlinct: I have a few t}'inr;n to .;3v. If .sou lost
at this nap, 'you'll ,on the cars that .aro crrlinrT out of downto• •n
or, 1 rickell .Avenue cone around a share curv' which isn't real l'' shown
there - at the intersection of 40 soriethinc- Road - T can't rear? that,
I'm sore. .lmrt•!av, t'1^v chine- around tat sharn curvy' at sneed limits
rf 40 slurs; an hour. I think it would :te r'annnrrun to 'icivr a lot of
cars come in there. I would like to read an onvi ronmrntal i mrict
sturi'r rn '01at would do in t:ir-lt rarca. I moan, has an'., vork
')oen done on it?
:r. 'Lavi.c, : 'tic ,/as dr,n'• urnIcr the ';ricks i1
min t 1,1d, '1r. Chairman. If this gentlr'na7 mull li':^, ':in ::r)'11r1 '):3
hanny to refer him to t',v Plannino 7cnlrtr,nnt 1•''ore p con') of the
.•rickol l Study :which t:' sit into this in drt ail . writl1 bP avail a:>1c to
him to `_evir':r.
man.
Ir. Ptrrlino . ''r.:it 10 T feel 1 i':c? T' ,ar:-::i n t:.
.`.r. ,,vi ; . 1' .' not or'-uin'-.
-r.
f e , l.i';.e tl'le7srr arr1uinrt '.•rith these peO.)1e. They're so J;1R:1;:
''.r. ");:•✓in : le ss trvi.n-• to -,a' : information
Ln
1„. .t.- rl -rn, -ell ' _ r. ill . -' n11
r'' 1 no Gil( i- not rn +-r) real it -n • 'lr.r- "n j hr'r.-
r.. '- ar.. s ,1 1
. :'tr- rl. inq;
.r. lC'11)i. `inU C:1n ;:.a).1" t^ :`' - - T-P,•) � ..
11
'r. `'frrl i nn: T . t:- *'at.-o-ii-r- 1 . n" n: -
'v' r'- `or t'.r •,in co.nr)a•lir s •,:,,) co:le in .,rc.. •n r - }•nr•. •c.:.
a-1•.rt .1 1^. .'t`.i .i:i nn t '1? ;Sr d aar.' t .li 1 ,3i nr'1 'Tr 11.) :1.1,1 ..1,;at -ir'- 1.: .•1rr
l.lvinr' in •'iori for,is C'itianpcarinr-. I ''3c' also tnl'j that c': rtn n
rrnani.7.ation 1'' not hard to ')uil'1, nit'lruah I it"." no tine to -r, i*.
I ;:car(' about this last •r'r`l:. fl;crr arr 1 lot of ;nennlr ';o live
:)et•;:ccn downtown ; liarni and Coconut ^•rove' who arr srninn that area
)einr' !'+llllt tin. If you tool: fror ir c<n••rc , drivinc acre)^,."
'tickcnb+nc': 'r ^.auso••rav , "nu can 'Ire, t'•r area ti'r' rc ':.' 1kirr' ' •out and
the c'-anr-r in the cn•rironnFnt there - amo'lrr t`;F trrr ; - is dramatic.
You nanacttlallt. Ice, t_hr fror+ -.isr'a•r•1c_ Tarr, that W.c''re tal':i-
% out br'raiir r= it' n t'iE only nloce '?ith tr: rn . t'lr rr .arc a l nt of old
houses t::err• . This rra1 o.,tatc' co-,--.anv r-'.,nn a lot of the 1 anr' around
there: in fact, they rra-, the lan 1 next :lcor, the" r1l•'n land acres t ;r
street, rir••'n the corner and thei7' rr vory '•)r lE r1 ui . Then nlan . T can
t' 1l •;'nu nr' i, they ')lan tr build a. '-uc'1 as the,- can and t.:e-'re
noinr+ to c-)nnoct ^%l.at's cortinr out of do ,ntown 'iiami down 3ricl:nll
>>venue south, Olen it turns wr st, t"nv're ooinr- to connect :}ric al l
? venno and ra:rsilore Drive, all t!lr+ t, av r1r' •n to Coconnt ^•rove . And
that's. '.ghat vou'rr noire' towards. '^he•-'r.o r,oinrT to nut un n-3 -
the"'rr' ooinrr to nut un *?-5 - they're rToinn to nut 7inh-rises in.
The neonle who live near Fir»son Fart:, ',''rich is a historic ronument
oh h•.• the •,av - rort ririckell banners to ho located exactly r'nnosite
1616 - maybe a:)ont 50' a'/a'' - Fort rrickell wan a famous Fort in
')hat war, I hr'lievc it was the Firs* '';or1ri '.lay' - it ma,• haVft'1
second, and was never used but it is a historic monument. I think
the ':•moor lives thrrr.
_'r. ►illalo')os: 'lr. Chairman, T don't thinl: I ho irl
rinht? Are ,ae sunnosed to be nushovr,rs for sonr?,only ? I jut didn't
euitc' slot that imnlication.
-56- "arch 6, 1g79 Iten 4
7R
'tr. Storting: I'rl just re' atinri '•.' nt 1 heard.
sorr:. I didn't mean to offend the
I ' ri
Mr. Vil lalohos : I nr`rsona ; lv rcrnsr+nt that imnlicatinn .
Tn fact, I just 'don't like it at a)1.
riaro : ►1 lot of peoul.' sa" a lot of things.
Mr. Doan: Fvc`ryhndy say'; t lot of things - the tilinrs
they► say about me and C.j:.T.A. Thnrc's 15 million dollars some'•:hcre.
;•1r. Ste rl inn : I kno'' that nohc►d" came here toda•• , i
mean, vou'rc nrnballly thinking about it at least, if You didn't pass
it tonight, you'd nays it later. You're nrobah1'r . . . going to
nasr: it but there are neonle who do ryi vc a la"n -- they don't '.'ant to
SOP this happen. If you took a votr' on whother you should nut lin a
big hui.tdinr Uet'.'eon here and (thcro) , r'ost •,00nlo .ire going to s.a••
'no'. It's the people who want to c>tanc-c the environment that .arc
going to put up those buildings. It'- not onion to he a conscious
individual who hag',-ns to be an arc'litoct.
''r. ')can: n';a".► thank you. r1rE . '.z11o'aan?
:try. Callahan: 'Ir. :'t,irlinr,, arc= .n,i no'.' r4 ntirlr- etrl-.
iorin' �calt'• Cornoration?
� r. :'tr=rlincT: YAG, I 'a,ve a loan^.
▪ 7)can : i!(. r1oc'4n't i f :1P 'hard' or 'has'.
•Ir.. :'tcriinr-: I 'inn" tat :'1: t t'lr" c?1c'., i' t'>>t thr'
) r't t}rt housrrun do-m. r r,aon I no»r 1 in it ton no .a rlon.t'' to cican
it ll'-, '1n1 thr'•••• ♦ol 1 r'-' t•'n'.' rion't ,:ant t' nut -.ono', into it. '.'ir••
!1.1(1 to fix t'lc roof .)ora'u`1c I wrote it in t'lr` thr'
fix tlo ')rol:rn rin'io.'.;, rand tile»' ''on't fix `_'o 4-.n lot.i ir- tt'• . „'
the our it .a-;icr117 in Fir.., n.. 11`in• ,rr', rn 1'l'
•rn,l�_ ,i ♦ i~ it c..,,l ',r' 1 ivr r in or „1rit' '-r 7fl -cars. T' •) tr, r r
`uttnrt nails in t''1^ '1117 anc.'. it '-v,n1c- r,nc:r-tr n•l-).S '4o T
t'r'rr' - T'n sorr•J, I oct r-arrirr' a ',a•'.
'1r. Dean: Lot no ,nn Wheat 'Ir. ''7hin-11r is strndir for?
' r. Yhi,)n1c : Thani: you • r. Chairman. 'tichar'? •'hl'1')1e ,
Planning Department. I would just likr to add that al this hoard
i7; a':are perhans of at least 2 studies - there haw, . ono anDromirat�ly
4 or 5 studio.; of this Trickoll area- • he 1,ato'-.t :l-ino t:1r study that
"r. 'Davis refr+r-rrd to, boinr3 t'lr- -;-' i c" is }i.vi der', *n
t.:-r' north and south of l5th "oad. I -multi jut 1'':r to noir* n'l~
::.lat t:lr ir')'nrtr'c nt has consistcntl f rsco-''r.sn lr ' ;' 10-!--r'or..^•1 t'•-'rnrf
..1_nt t'' . cia ^ifi^..ltinn for this Dort:.:ostr-r1_" sid or n1-5cl:r11 •r••+ l:
l" a transition zoninr7 h;r-riso or t:'c,
and t^r r-nci rims.*1.i1 linr 1.rfa"i-1'• 'ln •^l nr' of .•i 1"ti 'r -i ,- . It is ''art
�•,
r1r •' Co7cIr=•llt-n7ivr• n't :n, .--cor .'ner'r` ♦'''t
cnt rs strin bF sonod r 3'• .o.. vrr it ham-: ;, -n tho Ci
r�'1;'r'n 1. ^.inn '; i t t l t' l l r1 - t' t
t lat u-tnn rr�r;lr-^t lr-^r• ,-ra1 i c:ltiorG '.:•0'll~1
an-Intr.!. This isn't t'lr' ':C1^'nro}1 rns1'rr n,1Fr]rr '.."ich we have. rccr'mPtrn.ir+''.
''ilt It has :`o n t'te 'lay t"e .t •i,'1 zon'.nr' and t110 ^-3'. 7oninc has
occ:lrrr'r; .
)no r,tr,r•r nrli.nt I'd 1.i':r- to ".a':c aria that is that
�'`rrc i - a sitr :)lan rcvie'.: provision in t:10 ' --31 lonin^ district.
A11 glans rust r.rn.l.eroo a cite` nlar. rrvio'.' ',.' t`lc I'lanni.n, rcnartmnnt.
'r. Dean: "r. "ii'r-,1P, ' f ••ou rantP-' to build sonethinn
unrir'r tho nrnapnt zoning, coulr' you '`t,li ld?
"r. r'ii-anlc: You cool:' '>uil'l a sirr•le-family homr, on
r nael legal situ.
-57- "arc': 6, 1g7c1 Ite-+ 4
Zr?
r,ur'^tinn.
a maximum
..r 1'asil,a. ':it'1
'trr-. i'n1c1-i . 'rr. rhairrtFn, T ,-;1 1r. ' j'vi1P
Under '- 1 A , what can he nut- 11'i there?
?
'1r. ' iliplc : 1n apartment :tructurc could he put un at
i nsity of 1 unit for part 1111 srruare r.ert of let area.
"rs. rolski : 1nr1 how r'an" sc uar.o feet •1A wr '1av^ in
that yellow portion?
'1r. Whipple: If our fioures are correct, 310' 17n'
deer,, of 28 units.
:1rs. t:olski : 28 units on that?
'1r. 17hipple : That's correct. '\rtd let me point out
one more thine. To the best of my knowledge, and I rya'' stand corrected
a., we don't have the records in front r)f us tonioht, a portion of
this site, the portion that contains the 1.lroe ''icus is within an.
Environmental Preservation 7)istrict, an:1 would he su')ject to
.)•' the Fnvironmental '2evi'- ' Board.
T1r . ')avi s : I ,•'o'il'3 l ne
"hinnle said. the 1'rickell Ftuft'
the Commission, it '••as the op')nrtunit"
the ':n^'nission to chance the zoninr? of
P,ric}:ell *.venue to 7-5 ; anyl evervt'1inr'
to re-c'R1',hasize what "r.
:3s nrosr'nte.l to the Pnar-? anri
't that time for the rioard ani
r`.'eryt1l inrT on the 73a" sic r)'
t;ic' cff_rav side to '•-i'. as
nr1.
rcco:•'r'lenrled hncause certain ',ronerty o'''rr'rs 'ante,: to tae ad'la^tar!A
n` tax limitations of -1. They made t' e ',o1i "' _zk'aton nt at that
')oint, that they '.'r)ulr' not re7.nnr' t'1c' n? the t'li r' en nr ' e at that
point ut '�'r>u1d1 rezone it irdivi'iva11" each lot rriner arrrr)ar''1r,�
t:'v 3o.ar'1 and the commission for the ch'nor, of 7nninr, to 7-5; aryl.
7-3'.; that 'leinc a '»1 ice ;tatement ,. • the r'oi imi .4 pion..
• 71?' i i a : 7'^i.-1t thn date of that Stu: '' sir?
'r. Davis: 1171 or 1171 - Dick?
'lr . 1•Jhinnlr:: Richt around there.
'Ir. ()ear: Any other discussion from ' oarcl "em ers?
• t:olst:i: '1r. Chair-.lan, I'd like to as the
.r,nlicant a question. Sir, do you have any mans underway for the R-3-.?
For develonmpnt?
'4r. c ricknan: I do not 'cno'. , not to r^',' kno'':leri-Te.
•7rs. I:nlski : Not to our :nrr•:lerlrre . :'ould you t!'11 me,
is the realty cmmnanv in the nrncess of trvinr' to buy' lots 11 and 32?
'r. C,ricknan : ':ot to r kno'rlcdr.o .
Mrs. l:ol.ski : ')oos an'",ndv that you're with know A out it?
i'.ric':m.-rn : I'm rit', no`,odv c lsr- .
"r. if T na.. r"s•,onr1 to t1'r
nlU'Aticn is "ou'd li ze, annro::imatelA• 3 or A ,,,rare arm, the rlannin^
'Ic'•.1art'''ent t11a rcvi.- .' a "rnnoscr1 1)11n rrn t':ts site' 'rh.1C i '•ra`; , at that
time, irnarr thr sane fr'r.er•i a5 it is today.
*Try:. :7111ahan : 1 ':'0111:1 like to t'nr .' ''rs. 11n`:andcr
referred to al the 2lanninc :3oard neat:inr, a sturi' of that arm:.? 'ro
ral:ir.^ a further stud., in sore way?
-58-
: r , 1171 T t' "1 4
''rs. .Alexander: I n•li'i t'.lr+rr !iavr >'C'n seoar•ltc
' tudlrs of the Uric}:e'il arcgi one c ''Mch ''c'1^ dots• lln'irr t'lr t'-rn
n:'•'ll!' cons'tituteci rlanninrl Board ':'`rn it '':ar scr,arrltr'7 frr)•.' t1L(
:�o'1inr1 !:o'rr1, an,l our or t l•^ fjr• ` itris '•1r s r1 :n'ircial '-tllc'y. ".lt
a:iont 1271 '-.ut ' r,lnt•1", I'vr r.,,',c r seer, any rc'r ults of it but
there have been many studies made. Than}: ' ou.
T ma•'
i.ul:acF;: ''r. C:-..ltrl'..ln, A :mint of or' cr :)1r'9.-;C, i.f
rocn'•niz, d 'or just a
yre , "nu s1- ou t.',r ^,lr'ctlon sir.
!,a•,'.i- ju?t 'lr'r r•tntr;.ent it . in
furt.leranc': r,` t''c ' t:itenr'nt "r. "• ni.nnle t',At it ha,-; i'cen
)rcr i^•'.1os d that the City Corm' =siren has c stal? - lr'i 1 no) ir' of
rr'zr-niry tr`r Test cidr of i:ric'e,1.1 '.venue to ••0•1, I t7t1:r'
'err" ,iron' i^.•snr '•i.th that! -hr. lrq••1 nr^rii sr is t'-,at it is no -
and t'?r City r'o-lmissinn cannot "'.a' E' a nolir•' -tltrrarnt that
thr"'rc 'Dior•, to cram'' t''at zoni''". :'1•' arc 'Jo'1 "cri ? This is
'our domain as a :Inning r;o.1rr1 and T nrntr+('t 'trnr?1" that "r)L:
arlvi'r''"l ti'/ the' P1.innlnri Staff, or their T^r''-',r'r' i'), that it's l
no1 is ' of th' ;'or'ici ; ;ion to ta1.' "ror •'cu "our -'rrvi ncr .
'I')ur jurisdiction to detrr^li.nr whether nr not znniri'7 is noin`1 to :c
a'):,1ir d, not dircctc(i ltv the rit" r7nr7if•,sion that thr''rr telli-'r -n
they're r•'linr' to ann1•' it.
rrnnc--rt" o'.,n'r in tat T'
for "" sr'lf and T 1:'lo': T'''t soloist_ en I 4r1 hut T'7 11Sn 1 taxnavrr
In thr it" of 7rirl7i an:l taxes arc nail an(' T ' ' �t.t r rr
,ta'1,_11i1t. ..,r1_
than T'`3 1i',:r to -,.1,' I'ut 1 love t'lr (Tit" c` ,-r..i bv '
love tiV :.ric':r11 ,lrrrl and the' 'iar,i area. Ter.' 1 rralizr T 3' .r , for
a noint of order to br, rrrrorini7.c"i, and I ^,!loulrn't d1'1ress, -'.:t yol
ra i:-r.1 t'lr '111e st i on ?iAs this .- rnnr'rt" 71rcn offerer: cr'r .7 11c .'
T tell ''ou, not the :;rickc'1l -i.lc asn't br'en ofcr'red but t''c
•;i•'.r= has, 'or ^ef,1'1'). ':' ear. an offer for `35,01'1 all ra�'',
to .)U" it for a single--flil" ho':.f' an(' the,: refused to accr•'t it:
I made a ^,4 L ,'1'1r) offer to bu ' that lot on trr7s and WP7 turnc'l 1nvn .
T1,At nronrrt•' on Fric':c'11 7,!renuo and t!lr' rroncrt" on ;o'.1t!1 ••i,,^'i
Avenue can !•e sold today at a nrrfit - '1or1r'" Peal*" car. --,ave 7
hanr?sn.,r profit in selling that rronrrt' to an 'br,ri" •!-,o wants to t
it for a single-famil" house. Tl:''t ?r)'''n the .^.tram tt,erc= -,par
the corner of 15th Thad, a !)r'cvit- fnl home has rr-rntl'.'
a st_atue'rllr' dome. That is not r' tr,n=ition into a t'.'o-stor' anart-
mont t'•nr coon) ex neigh.brlrhoorl . TF 'There is -cone,," involved 1-.ere.
i'Or1 meal t'.' can offer this 1)ronr'rt" on the 'lark'-t And I, For
would 1-10 welCoMr' to offer a bid to ',)iv some of that nror'orty fro -
them. it's profitable. Tt's rood land. i'o'r w r, I don't think that
this street deserves R-3A. Thank you.
(General applause)
I1r. Freixas : The noint that I see here tonight in very
simnle, and this is only a comment for 'i"self. We can ego ahead and
give them the 7-3A, then they sell the nronert';', and the rru'• ','lo's
going to dc'vr'lon it will come before this Board. WC' had the same
situation 3 or 4 '.weeks ago on the same street, a lithe bit further
down. asking for a variance on t'ie ''eirllt and the setbacks an:' the
floor arc ratio. Then the flenartmont sets unset. Then T vote for it.
'll•�n v'e're all in trouble. fo T for ono, don't think ''e should no
ahead ani crant this R-31 here.
Dean: 1ny other comments?
'•ir';. Raro: I'm ready to make a notion "r. Chairman.
71rs. Rasila: What is the 'lotion?
"rs . i3aro : To r1Pnv. .
-59-
'larch (+, 1.171 Tter
71
Mrs. ii,-''I 1 n : T on : it
'1r. Dr,'in: Yeit'VC 1-earel t'•: 'nt1.(1(' ••t•,i. •earn tm
Hen', seconc3Pd by "rs. nasi la. '"1tlier i,i-enissioi? roi.nr' nono, rall
the roll.
•�?'. r).iVi s : `;'%A 7nrl$ irn it: to reen7i*1':la ''4F!1ia1 to tbr,
City Co -mission.
•t•,t'rrn ::oticr' s
fnvr'ri n'• rec ivrr:
in t'ir 'iai1 `rom -iron, rt,, ownrrc of rr•,•or'i.
4 ^r't'irn :!nticc'n nrtitinr ••cre receivFci
in the ^+ai.I iron ,)roncrt'f owners o' rr-orri.
'•�r� . ' 1 ci a aro ncc,..,.r,r: Fnl 1 rl"i.f^ rf' ;olllti(ir. „1r'•
novrr. its adontirn :
72:;FC')1,17'"Ir1 ,An ,...,- )
,-)11 rr T rr`
fir? ,nCY �r1 �r .. .,.. '' _ ,',
(i--4;4) ._,Mr. �•��., T... '_,ti' 1 ir.- i�
-1 ('`'. ".'.I ,Y)
:') 't-?% (L')i! .. \T''. ..."^ .
;)on src:r)n :; this
resolution was nar;sr'.1 and adoote_d by *'1^ f i 1-, ,in" ''ntc :
1Y'.:S: times. earn. '3asiia, Calianar, , �o1s.i
'1r's r i . :'rr ..: v '.'1 : i �.?nS ,fir: art
:AYLS • ::onr
.13Win';T: '1r. rr)rt;
"r. Davis:
It t'`.''ir '.nril ",71�rtirr7 .:'.1i(72'1 is
nnti i.r' •.
f•'� to
1 .1ri
�z.� 'lt•r o7inis •inn
�1�11 'Thu „ill ')P
-)ean: '?r. )�vis •:,ill you nd'.:• call Ite^
n
-60- •`irr'Z r , 1'7R Tt.7n 4
ti
1
AVE
MAP No. 6
City of Miami
March 8, 1979
Commission Agenda
Item 3
Objector's Exhibit lE
L
5w •
BR1CKLL SOUTH EIST1!L
r
crag F 1" s Ann'
1
ZONING FACT SHEET
LOCATION/LEGAL Approximately 1616-36 Brickell Avenue
Lots 25 thru 30; Block 55; FLAGLER MARY
BRICKELL (5-44)
OWNER/APPLICANT Morley Realty Corp. Ph: 358-8888
c/o Carlos M. Mendiola, Executive Vice President
888 Brickell Avenue
ZONING R-1 (One Family Dwelling)
REQUEST
Change of Zoning Classification Application from
R-1 (One Family Dwelling) to R-3A (Low Density
Apartment)
EXPLANATION Self-explanatory
- P. FrC, 117:.n Q T1CNS
PLANNING
DEPARTMENT APPROVAL. The proposed zoning change from R-1 to
R-3A is consistant with the Comprehensive Neighborhood
Plan for the City, which designat':s all of the properties
along the west side of Brickell between SW 15th Road
and Rickenbacker Causeway to be developed with low to
medium density multiple family uses.
Mr. Daican: A one-year extension.
hrs. Gordon: And they granted it to you?
Mr. Dakan: Yee, tha'am. That's right.
We simply ask that you resolve.
So baaically,Xat is my
Mrs. Gordon: Do you think you will get going t1is year?
Mr. Dakan: We certainly hope to.
presentation.
Mayor Ferre: There's a motion and seconi. Call the roll please.
The following resolution vas ifitroduced by Commissioner Gordo:
moved its adoption:
RESOLUTION 00. 78-319
City of Miami
9
March 8, 197 Pgenda
Commission
em 3 �Xhibit ��
�blector s
A RESOLUTION AVTFi6RIZING A ONE-YEAR EXTENSION OF THE DEVELOPMENT
ORDER AUTHORIZ ' BY CITY COMMISSION RESOLUTION NO. 75-135
(Here foll
in the Off
Upon being s
passed and adop
AYES:
body of resolution, omitted Here and on file
ce of the City Clerk.)
conded by Commissioner Gibson , the resolution was
d by the following vote
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore Gibson
ViceMayor Manolo Reboso
Mayor Maurice A. Ferre
9
DISCUSSION AND DEFERRAL OF: CONSIDERATION TO GRANT APPLICATION FOR CHANCE
OF ZONING LOCATED AT 1616-36 BRIQCIIL AVE.
FROM R-1 TO R-3A:
Mayor Terre: We are on item 19, with my sincere apologies to the applicants.
I hope you understand the reasons why we did this vas because Commissioner Reboso
cannot vote, since Mr. Morley is the owner of the property, and he has a conflict.
Let the record reflect that Commissioner Reboso is abstaining from voting on this
item due to a conflict that he has.
Now if you will step forward and present your case.
Mrs. Gordon: Is he owner, or part owner or something?
Mayor Ferre: I think he at different times has worked with, or for Mr. Morley,
and I think due to that,he has a conflict, and therefore can't vote on the item.
Would the staff give us a statement on item 19?
Mr. Plummer: Refresh my memory why this was deferred.
Mr. Robert Davis: Item 9 vas deferred,....1 remember it , because the applicant
wasn't here.
Unidentified person: Excuse me, this has not been deferred.
hearing of this application.
413
This is the first
APR 271978
Mr. Plummer: This is item 9. I am sorry.
Mr. Davis: This is the first time before the Commission Mr. Plummer. I was thinking
of another one. Jarauga was deferred, yes, sir, for them to get with the Planning
Department and see if they couldn't make some adjustments. But this is the first
time before the Commission.
Mr. Whipple: Mr. Mayor and members of the Commission, this is a request for a
change of zoning from R-1 to R-3. The department had recommended before the Zoning
Board that the zoning be granted, and changed, and the Zoning Board turned down
the petition unanimously.
Mayor Ferre: It is R-3A.
Mr. Whipple: I am sorry, it is R-3A. The Department's feeling has been, as the
Commission may well remember, the numerous studies that have been done in the
Brickell area, the Department has consistently recommended that the westerly
or the northwesterly side of Brickell Avenue between 15 and 25th Road be rezoned
to R-3A.
Mrs. Gordon: Would you explain why they turned it down?
Mr. Whipple: Perhaps Mr. Davis could better respond to that.
Mayor F'erre:Excuse me for a moment. I didn't realize, Item 9,...my wife and
my sister own property within a 300 ft. area, and therefore I have to abstain too.
I don't think there is anything wrong with my chairing the meeting. I just won't
be able to vote, or express an opinion.
Mt. Davis: This was denied by the Zoning Board basically because of objections
to the R-3A zoning itself. While the Department recommended for the change of
zoning, the objectors stated their feelings about it,...the neighbors stated
their feelings about it and the Board agreed with them that they did not want
to see anymore R-3A zoning in that area.
Mrs. Gordon: What did they want to be there?
Mr. Davis: They are leaving it up to your good judgment I think Mrs. Gordon.
Mrs. Gordon: Are any objectors here tonight?
Mr. Whipple: The only other item the Department could comment on in addition
to the plans and studies we have done in the past have recommended this. The
Comprehensive Plan also recognizes a change of intensity along this area also.
So the change as requested would be in accordance with the plan.
Mr. John P. Rice: I am John P. Rice with offices at 888 Brickell Avenue,
representing Morely Realty in this application.
I would like the staff at this time to put the plat here which will show the existing
zoning between 15th and 25th Roads, fronting on the west side of Brickell Avenue.
You will note that the greater part of this property is already zoned R-3A and
is directly across the street from R-5A zoning. R-5A zoning is the highest density
multiple -family zoning in the City of Miami. It allows one dwelling unit for each
450 sq. ft. R-3A zoning permits one dwelling unit for each 1800 sq. ft. thereby
having 25% of the density which obtains on the opposite side of the street. I
attended several years ago the neighborhood planning studies and remember at that
time Commissioner Gordon sat on the Zoning Board reviewing the Brickell Avenue
study. At the time many of the people who lived on the west side of Brickell
Avenue felt that the R-3A zoning was not dense enough and was unfair in view of
the fact they had the higher density on the other side of the street. The Zoning
Board decided at that time while they approved the general Brickell Study they did
not go ahead with this rezoning, because they felt there might be something more
beneficial to that side of the street. But nothing has ever happened, and obviously
this is not a single-family residential district. As developers, we are trying to
find a base point from which to depart for the planning of this particular site.
In fact we have negotiatidns going on right now with several people who are
interested in developing it for townhouses. One of them particular, is here tonight
to try to see just what the sense of the City Commission is on this property.
Mr. Hank Green who would like to develop townhouses on this site within the limits
174
of the density appropriate to R-3A zoning, that being 30 units on this particular
site. It consists of 6 lots, 50 ft. x 180 ft. Now I did not attend the zoning
hearing. We were represented there by legal counsel, feeling that this was a
perfunctory matter that would be routinely approved inasmuch as it was part
of the neighborhood studies, had been incorporated in the Comprehensive Neighbor-
hood Plan, and we were rather surprised to find that it was rejected. I have learned
that several people attended that hearing, and for good reason, stood in opposition
to it. I think their reasons were a misunderstanding of the alternatives between
R-1 and R-3A. One of the things that concerned them was the fact that there are
trees on the site that are very valuable and worthy of preservation, and that
the change in zoning would thereby cause a destruction of these trees. Curiously
enough, the opposite is true. The Round cover that would be permissible on each
of these 50 ft.lots would be something in the area of 62%. Under R-3A zoning it
would be 25%. They are also concerned about the possibility that people would
looking down on single-family homes on the other side of the street, behind the
property on S. Miami Avenue, again fearing that there are larger height restrictions.
Again, it is peculiar but true, R-3A zoning permits a 30 ft. maximum height, and
R-1 zoning you can go to 35 ft.
Well, finally there was the matter of the density, the floor area ratio, I should
say. If one were to build a single-family residential home on an R-1 site complying
fully with all the setbacks, they could build a home that would actually be 124%
of the ground area, on which that building would be located. Again, in R-3A zoning
today that limitation is .5 percent. So I think these people that had stood in
opposition in the past misunderstand the difference between these two zonings.
Finally, the approval of R-3A zoning on this application, does not really
approve the property, as far as how it is going to be developed. It establishes
some new parameters within which we can come back to the City Commission and get
approval for our project as it would be proposed at that time. The reason is that
this property is within an environmental preservation district and requires the
procedures of submitting this plan for approval. That of course ultimately would
come back here too. So on this basis, that we think it is reasonable to rezone this
property at this time from R-1 to R-3A. Thank you for your attention.
Mrs. Gordon: Okay. Mr. Mayor, will you call the objectors, please. There are
some objectors left here.
Mr. John Lucas: Mr. Mayor, Mrs. Gordon, my name is John Lucas, I live at 1665
S. Miami Avenue, which is one of the properties that abuts the land area, which
fronts on Brickell Avenue, sought to be rezoned. And I would be one of those property
owners that Mr. Rice refers to, who would object to a two or three story apartment
building overlooking the backyard of my home. Yes, I would, and do. But more import-
antly, the objections I have, are to , not Mr. Rice or his client individually, but
to the concept of placing that R-3A zoning on Brickell Avenue and the uses that the
R-3A zoning would promote.
Mrs. Gordon: What would you suggest?
Mr. Lucas: I suggest it remain single-family residential, Mrs. Gordon, which is
a highly profitable type of real estate operation. Economic need is not the real
criteria facing us here. It is not a matter really of whether or not an individual
can develop a piece of property profitably, but it is how much profit is going
to be made.If I may,let meaddress myself first to the study that we talked about,
zoning this thing R-3A, this strip on Brickell Avenue. It has been sited that there
is a changed characteristic of the Brickell Avenue area. I have with me some photo-
graphs I took just this Sunday that I would like very much to pass out to this
Commission demonstrating the change that has taken place in that neighborhood, on
which the R-3A is suggested to be a solution to problems. First if I may I will
pass out three photographs of the property that is subject to this petition. They
are at 1616 and 1636 Brickell Avenue, and lots 29 and 30 lying immediately north
of 1616.
Property owners have bought on Brickell Avenue for the reasons of: its beauty,
it characteristics. it's singular presentation, it's landmark position in the
community. We all have investments on Brickell Avenue and S. Miami Avenue and
we invested our money there because of the quality and integrity of the neighbor-
hood. I have a series of photographs taken randomly along Brickell Avenue which
I would like to pass among the Commissioners so that you can assess what change
has been taking place on that street that would warrant a change of zoning of
these single-family residences to two, gr��hree-story condiminium or townhouse
APR 271978
or patio apartments.
Mrs. Gordon: Did you say you live on Miami Avenue or Brickell Avenue.
Mr. Lucas: My home address is 1665 S. Miami Avenue, and I also own the land
behind me on Brickell Avenue which is zoned R-1, and I, as an owner of the same
characteristic of land that Mr. Rice is talking about, want to retain that as
single family residential. I don't want you to change the zoning of my property
to R-3A even though I own one on Brickell Avenue.
These are views taken at random this Sunday showing the beauty of that street,
the foliage, landscaping, the well -maintained homes, the lawns that are immaculately
kept. The center -median, kept at city expense which we, your taxpayers help support.
The Immanuel Lutheran Church, does not represent a change in that neighborhood
that would warrant apartment -type of complexes being constructed. A photograph
of 1548 Brickell Avenue, a home...., purchased not for speculation,but is being
remodeled at a considerable amount of expense by the owner. Homes on the bayside
of Brickell Avenue in this same vicinity, and random pictures of one and two-story
homes between 15th Road and 25th Road.
Mrs. Gordon: Where is the church on the map?
Mr. Lucas: At 1770 Brickell. Avenue, which is on lots 12 and 13.
Mr. Plummer: Where are you, John? Who owns the house next to the property.Did you
just recently acquire a second house?
Mr. Lucas: Yes, sir, I did. And I will put a covenant in there that it will stay
single-family residential for 20 years, Mr. Plummer.
Mr. Plummer: I am not asking that. I am just trying to get my bearings. If you
had a house that you remodeled sensibly on los 20 and 19?
Mr. Lucas: On 17, 18 and the north half of 19, is where I live. We own lot 23
to our rear. We own lots 20 and the south half of 19. I have a large family.
Mr. Plummer: Was that the Spector home?
Mrs. Gordon: Oh, that is right. That's were the Spectors were.
Mr. Lucas: These are random views on S. Miami Avenue, ....that parallels
Brickell Avenue which will the property over which the apartments to be built,
on a rear lot line, would look.
Now, one thing I might bring forth to you is this, that the sensitive areas
of a home are not in their frontyard, which would be away from your change of
zoning, but sensitive areas of a home are in the rearyard. Here is where the
informal activities of family affairs occur. Sunbathing, the children in the
pool, and the backyard barbecues, or what you do, which family relationships
are in the backyard. A single-family residence of two or three -stories behind
my home would be the same type of use, and not incompatible to me, but a row
of apartments overlooking my backyard certainly would be, or any other individual
who lived in the R-1 being overlooked by R-3A apartments.
Now, those are pretty pictures that I have pointed out to you.
Mrs. Gordon: You take very pretty pictures. Did you take them?
Mr. Lucas: Yes, ma'am.
Mrs. Gordon: I was asked what your profession is. I identified you as a very
quailified appraiser, which I know you to be, and a former member of the City
of Miami Planning and Zoning Board back in the 60s. Am I correct?
Mr. Lucas: That is correct. I thank you for the remembrance. Those pictures that
you have seen demonstrate the pride of ownership that these property owners show
in their property fronting on Brickell Avenue and on S. Miami Avenue. All of them
are uniformly well -maintained, demonstrating that pride. In all deference to Mr.
Rice, I might point out, that the only two that are neglicted are those that are
subject of this petition tonight. Which is the reason why I took those in color.
Please look at those photographs. Automobiles parked on the grass, unkempt conditions.
The lot that they also own to the rear....the property subject to this petition are
'� R 17197K
the only properties not well -kept on that street Yes, that is the
first group I pass-16 and 1636-Brickell Avenue. Now, in all sincerity, the
applicant is asking to construct apartment buildings. And yes, he must come
back to the body to review his plans, to the environmental protection agency
for review of what will be built there, and what damage to the trees will be
made, but so did these people, who built R-3A buildings on Brickell Avenue
farther to the south. Let me show you what is going to be built on this
property. Please compare these photographs with the photographs of the maintained
homes that I showed you.The lawns, grass, the maintained areas, instead of asphalt,
with cars parking on the sidewalk. And what happens at the rear of those apartments,
Mr. Plummer? Mrs. Gordon, and Rev. Gibson, please look at these photograrhs.These
were not spaced photographs. These were taken Sunday of this week. Randomly I
walked out and took these pictures. 2200 Brickell Avenue....rear yard. This would
be overlooking private homes on South Miami Avenue, rear yard. Please, sir when
you do something about it, don't extend the use to other properties in that area.
I am sorry. I imagine you recognize that I am not perhaps speaking as objectively
as I normally do in my appraisal assignments Mrs. Gordon. I would like to be
objective but I can't. Rev. Gibson, Mrs. Gordon, Mr. Plummer, if those pictures
are not convincing to you, look at that one. Does Brickell Avenue deserve that?
That is....the address is shown on the photograph, that is a refuse carpet that
someone has taken out of the apartment and thrown in the backyard and it has rotted
right next to the Dempsey Dumster, right next to the water heater that was gutted
out of an apartment and left laying in the backyard. Please, Brickell Avenue has
a character. We paid our good money for the property, relying on the integrity of
this neighborhood. It is an attractive street. Both South Miami Avenue and Brickell
Avenue. What Mr. Rice suggested might be a be a perfunctory approval, could not be
a perfunctory approval, because this city commission knows that the application
of the R-3A has brought hundreds of objectors, for what was happening on the other
parts of Brickell Avenue. I didn't show up perhaps because it was no concern of
mine. But Rev. Gibson, you remember words like this. They came to take away the
blacks, it wasn't my concern. They came to take away the Jews, it wasn't my con-
cern. They came to take away me. There was nobody left to complain. It is not
too late. Brickell Avenue is probably the most outstanding single thoroughfare
that we've got. It is a diamond -in -a -rough of a community development. It is a
beautiful street. I don't believe it deserves the type of development that these
photographs suggest, a developer will do. I am not ascribing ill motives to these
developers. Far from that. But when a piece of property in a sensitive neighborhood
is purchased for profit motive, the developer recognizes it. He is going to try to
exact the most profit he can from that. How about us? Can we have our profit? Our
profit is our living ability, our place to raise our family. We bought there because
we want to be part of Miami and part of that pretty community. We are contributing
our dollars and invest to maintain it. I suggest in response to what I am sure
Mayor Ferre meant purely as a jest when he suggested it, Brickell Avenue South
where the triangulation occured, and the traffic that would be generated, he asked
Mr. Calhoun why don't you buy the property. We are not all able to do that. It was
meant in jest I know. But I did buy one lot behind me. But I can't buy the whole
world to protect me. I have to rely on you. You are the protection of the neighborhood.
You are the people we elected to give the integrity to the zoning code. The Planning
staff says the Comprehensive Plan suggests that this area would be, part of the
Comprehensive Plan for R-3A. Part of a plan for rezoning sometime maybe.The zoning
recognizes a changed characteristic of a neighborhood in order to be applied
effectively. It is not applied to give economic gain to a developer. It is applied
to preserve and protect a neighborhood, and I fear that in this case it will work
the inverse. It is not going to protect anything. This neighborhood don't have
to be protected by a zoning change. It must be protected from one.
I know the hour is late. I know that I am a little bit emotional. You have been
here since 7 o'clock this morning. I have only been here since 7 tonight. I do
want to thank you for your long day, your dedication to your job in staying here
with us this long. We stayed because it is important to us. I hope you will recog-
nize how important it is to preserve that neighborhood even if someone cannot make
as much money as they might want to. Money I don't think is the issue here, for
money to be made. Thank you very much.
Mayor Ferre: Any other speakers in opposition?
Mrs. Fernandez: My name is Fernandez, I am a resident at 1642
Brickell Avenue. That is lot 124 which is directly adjacent to the property
in question. I won't keep you very long. I am sure that Mr. Lucas' presentation
has been very effective but I too would like to state my opposition and ask this
1177
APR 2 71P7R
commission to give the single-family dwellers a fair opportunity to survive
in Brickell Avenue. We too are entitled to the so-called Brickell living that
developers are so quickly exploiting today. In all fairness the privacy of our
homes will be affected and that is one of the most cherished values in our system
of government and our traditions. Further to that in a more practical manner;
you can drive down Brickell Avenue in any given night especially on the weekend
and you will find cars parked all along the sidewalk in the 3A zoning areas because
these developments do not have enough parking spaces for their own tenants. So
they cannot accomodate visitors, family etc. and you have this parking problem.
Finally I would like to have the commission to give full way to the Planning
and Zoning Board's unanimous decision and recommendation to deny this petition.
Thank you.
Mrs. Gordon: How far from this area is the last R-3A? Point to this property.
Ms.Selma Alexander: It will come up on the agenda next.
Mr. Plummer: Explain your last statement.
Ms.Alexander: R-3A is from approximately 26th Road, up as far as 20th Road
on Brickell, is R-3A, is already zoned R-3A. not in use at the moment. It is
coming up next. I am Selma Alexander, 2323 S. Miami Avenue, for the record. I
have lived there since 1942, for the record. I have probably been at every
Planning and Zoning Board meeting and every City Commission meeting that had
to do with the R-SA and R-3A and I have said publicly, more than once, that
R-3A developed an instant slum, but I never had anything to prove it until
tonight when Mr.Lucas came in with the magnificent slides that showed just
exactly what happened. What happened in back of my neighbors with the durpsters
on great high walls, and the trash drifts over into their beautiful gardens,
and what is likely to happen to me. But it is instant slums, as much of it
has been developed. They talked about all kind'of extra studies for the Brickell
area. The R-3A is obviously not the right zoning. It is not correct. I am not
against some kind of development and progress, but it is still an environmental
preservation district. The R-3A in practice is either bad zoning or it has been
not effective or it has not been administered properly, because it is my con-
sidered opinion that most of these things are over -built for this zoning.There
has been too much lot coverage and I have no way to prove it really. I have
stepped things off, I have reported it, but nothing has ever happened. I got
some fins taken off one building. Yes, that I did manage. With the exception of
one development, that is a private residence, with big gorgeous gates, the
rest of it is an instant slum. It is a slum, facing on the R-5A side. Thank you.
Mr. Gerald Ross; Mr. Mayor members of the Commission, my name is Gerald Ross.
I live at 1877 S. Miami Avenue. Apropo to Mr. Lucas' remark about certain groups not
stepping forward and ultimately finding themselves without any help, I am stepping
forward to speak on behalf of Mr. Lucas and that area who now does not have R-3A
behind them on Brickell Avenue. Unfortunately, I have R-3A behind on Brickell
Avenue and all I can say is, I have 4 or 5 families looking into my backyard
periodically. I have parties, frequent parties, that I would not have with a
residential zoning. There are cars parked, as was mentioned on the street, which
do not allow people to pass by, squarely blocking the street. I think you have
an opportunity to stop the degradation of one of the most beautiful streets,
Brickell Avenue and another most beautiful street, S. Miami Avenue, stop this
degradation from occuring any further than it has. I urge you to please consider
or reconsider the zoning classification of R-3A for Brickell Avenue. Thank you.
Mayor Ferre: Further speakers in opposition? If not, Mr. Rice on rebuttal.
Mrs. Gordon: Can I give a little historical background of what my memory brings
me on this property? I was working on the Planning Board many years as you know,
and was there when this area went under the change, and went back when R-3A was
first created for this area. I don't think there is another area in this city that
has R-3A, or there may be a little bit of it on Bird Avenue in the Grove. There
is a small amount of it on Bird Avenue, in the Grove. The reason, if I recall,
that this property, that is north of the presently zoned R-3A, was not zoned
at the same time, was because of property owners on 15th Road, who had a desire
for R-5, and because they wished to have R-5, they did not want the R-3A applied.
They wanted R-5, high-rise just like the other side of Brickell Avenue. So the
thinking of the Planning Board at that time, and the department was, ....well,
look, we won't change this at this time, but we know, just as the other side of
Brickell Avenue was not all changed at one time either, if you recall. You are
familiar, because you are acquainted with land use in this area.
It was also changed on a piecemeal basis because for the reason being that some
of the east side of Brickell felt that the tax base would be increased, and they
didn't want to pay the higher tax base, however, finally it was resolved by the
tax assessor that regardless whether it was zoned R-SA on the eastside, they would
still have to pay that tax because it was going to be zoned R-5A. It was planned
and conforming to the rest of the zoning that had taken place. So I will he as
brief as I can but Mayor I have to say these historical things so that those who
have not had that information will at least have it, for background use. At any
rate that is the story. And those people who have --I don't know if they are still
owners of that property --but they did own a good piece of property abutting 15th
Road. I don't know if it was 3,4 or 5 lots. But someday they hope to get to R-5A.
I am just giving you history, that's all, John.
Mr. Rice: Mr. Mayor, I would like to first state, I find myself almost in
total agreement with the people who have spoke here in opposition to my
application. I brought my own pictures to show in connection with our next
matter coming before this commission. I'll let you look at these too while
I am speaking to this subject.
When I last appeared here, I don't believe any of you were here. It was the last
meeting of the City Commission that heard my other application, and I too made the
statement that I think R-3A zoning is an abomination. What it has done to Brickell
Avenue where I live and hope to stay, and where my company has a very substantial
investment, we are concerned about what is happening on that street. We want to
see that chnaged. I have met with the Planning Department, I guess now over 5 or 6
years discussing this particular zoning because it has produced nothing but what
has been described here as a slum. I think perhaps I would like to make a suggestion.
The real answer to this area is never going to -be accomplished by setting parameters
that's numbers written in the code.Everybody I think who wants to do anything on this
street particularly on the side that you people are concerned about, because there
is nothing we are going to be able to do about the east side. That is so locked -in
now with high -density high-rise, condominiums, we expect it to stay that way. But
if this commission can find within its power to do so, I would suggest that you
approve our application, but you do so in a manner that would put us in the status
of a Pib, where we have to come in, give a project here, detailed in all of its
character, height,size, and every other feature so that all the people who are
concerned about it can come back and speak to it. If it is turned down, it is
turned down. Now what this offers in the altenative is what really our developers
that we are speaking to are interested in doing on this particular site and
that is to develop townhomes, townhomes that would be of a high-class, which I
believe reasonable people would not find in conflict with single-family occupancy
on the South Miami side and which are going to allow us to get rid of what really
have become slum single-family homes. We can find no one interested in renting
those houses and restoring them. Nobody today can see the economic advantage of
doing that. The only thing my inclination would be is to de=olish those houses
sitting there. They were in that state when we bought them. We tries' to improve
them to make them more habitable. We have not succeeded. The tenants there are
not the kind we would like to see, and I expect you people who live behind it,
or near it, would not like to see either. I believe that if the commission can
attach this gAb rider to this, maybe everybody can be satisfied. Otherwise I think
no one is going to be. Thank you.
Mr. Davis: I wanted to state that if that were the desire of the commission, it
would not be possible to attach a condition to the rezoning at this point. It
might be advisable if the applicant wishes to go forth with a PAD application,would be to
defer this matter and have it come up concurrently with the application for a
change of zoning, because it is his desire.
Mayor Ferre: What is the will of the commission?
Mrs. Gordon: He can't apply for a on an R-1 that would be, ----
Mr. Davis: No, ma'am. It would be proposed to be rezoned R-3A or whatever the
situation would be.
Mrs. Gordon: There is also another way of handling a situation similar of what
you are talking about. If in fact this commission decided to do that at all, to
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1' P R 11 in r_
zone in R-3A zone, would be on first reading. There is always a second reading.
Mr. Davis: You can defer it at any point before it is final Mrs. Gordon. It wouldn't
make any difference I don't think. It could be held at this level or it could be
held at the level between 1st and 2nd reading.
Mr. Plummer: Let me understand. Can he put a PAD on that property?
Mr. Davis: He can put a PAD on any property. However a PAD is limited to
the density in the district. If it stays R-1 he is limited to a density
basically of one unit every 6,000 sq. ft.
Mr. Fosmoen: Bob, there is one other point also,....he does not have 3 acres.
Mr. Davis: He does not have 3 acres.
Mr. Plummer: That is what I was just asking. Could he qualify for a PAD. I am
getting conflicting answers.
Mr. Davis: Technically it has to be 3 acres unless there is something unique
about the site. He could however come in with an application that wouldn't
be a PAD but let's say it would be a townhouse approval on this.
Mrs. Gordon: Why would he need a townhouse approval. He could build townhouse without,...
Mr. Davis:...as a conditional use.
Mrs. Cordon:..on an R-3A?
Mr. Davis: This is again a problem. R-3A doesn't lend itself to a townhouse
application. R-3 would be a better application for townhouses. R-3A zoning
is not what he really wants to build there, what I am getting the feel of.
Mrs. Gordon: I don't know anybody that likes the R-3A zoning, and I don't know
how many times I have said I don't like it. I said it so many times.
Mr. Davis: It might be a point for him to come back with a different application
altogether, since this attitude is seemingly present, with not only the objectors
and the commission , and the Board, but certainly with himself, that he doesn't
want R-3A. If he were to came back with let's say an application for R-3 with
a townhouse on it, or something like that, that would be applicable to this and
controllable by the Board, at the Commission,
Mrs. Gordon: Are you saying R-3A cannot accomodate townhouses?
Mr. Davis: Again, I am speaking from memory on this, but I think R-3A reverts
to R-2 and and R-2 townhouse would not give him the density.
Mr. Whipple: What Mr. Davis is trying to do is look for a vehicle by which
to process this.As conditional use, townhouses are listed as R-2. He was trying
to revert the zoning back so the conditional use could be applied for, and
brought forward again. Nothing under the R-3A that we can attach as a condition
unless this body wanted to have the applicant provide something between 1st
and 2nd reading and also wanted to proffer to this commission a covenant or
something of that nature. But as a Planned Area Development, the site is not
large enough and I think perhaps would not qualify as far as uniqueness as re-
quired by the PAD ordinance.
Mrs. Gordon: We understand you then. Bob you are groping for some tool to control
the R-3A from developing into another development such as there is to the west.
Mr. Davis: I think he has the wrong vehicle but I can't tell you the vehicle he
should come up with. Perhaps he should confer with us when we have time to plan
this out a little better.
Mr. Hank Green: Mrs. Gordon, I am Hank Green,...a developer, 9555 Old Cultler
Road, Coral Gables. We are presently building on Bird Road and Virginia Street
in Coconut Grove, on a 3-A zoning, and we are doing townhoues over there.
Mrs. Gordon: I noticed those. They are very nice.
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Mr. Green: We have done some more over on Mary Street, we have done some on Trapp,
so we have been doing those, and doing them quite well within the ordinance. What
I suggest to you, on the first reading, if you approve the 3-A and have me come
back with a site plan, then you zone it to that site plan, with the landscaping
and everything else. You either like what we have, or you don't like it. We can
live within the 3-A zoning.
Mrs. Gordon: I don't think we can zone with a site plan unless it was coming
into us a conditional use.
Mr. Davis: This is exactly the problem we are into legally sir, unless the
Law Department wishes to correct me on this, is, that there is no conditional
zoning in the City of Miami.
Mr. Green: I don't know why you would have to give it a conditional zoning.
Mr.Davis: If you approved it for only one site plan.
Rev. Gibson: Wouldn't it make, Mr. Davis,....one thing I like to see happen
in the City, is where sometime,...I don't like what you want, and you don't
like what I want, but we could have an understanding,and work out an agreement,
maybe we have something better than what either of us wants. Would it be wise,to
ask staff, and you and you, to sit down and work out a vehicle, a compromise vehicle,
a legal thing, so that you could get a first-class, high-class, or whatever that
is, certainly is better than what you would get now. Sit down and try....you give,
he gives,....then work out a vehicle to give a good development there. Is that
possible? Would you want to try it?
Mr. Lucas: Rev. Gibson, you are a man of great depth, wisdom, observation. While
I was on our zoning board, I was partially responsible for this offspring that
we have before us, the R-3A. I was opposed to it for a number or reasons. Mrs.
Gordon was opposed to it for a number of reasons, and the reasons generally were,
that, what would result from that zoning, is totally unacceptable to the City and
the City's concepts. I would like the opportunity to again work with my colleagues
on the Planning staff, for whom I have a very high regard, and love to work with,
Mr. Rice who I am sure is interested in making development profitable to him. How-
ever, I must say this to you, I don't believe that it is going to resolve itself,
about the R-3A. I belive the City is going to have to have some other treatment
for properties and controls over the development of lands in sensitive areas such
as this, that are not available in the R-3A.
Rev. Gibson: What I was thinking is, that, hearing both,... your name sir?
Mr. John Rice: I am John Rice.
Rev. Gibson: Mr. Rice in hearing you, I just get a feeling, --
Mr. Lucas: We both agree it is an abominations.
Rev. Gibson: I just get a feeling if these two men can sit down and talk, and
the staff would listen, knowing that we would want to see people get together
and live, that you will come up with a vehicle and it won't be what you are telling
me now, meaning that what R-3A,.. won't be that. You will come back here,..it may
take 30 days or more, but you will come back here with a solution, that will not
only help, you the developer, and you the homeowner, but might help all of us in the
City. I am willing to take that chance. I find it far more comforatable than to
impose upon you tonight, and deny you tonight. I find that far more agreeable.
Mrs. Gordon: Mr. Fosmoen, the question I was going to ask you was, apparently
the intent is not to develop the R-3A the way it would normally be developed but
to utilize it in a townhouse type of development now. The question is to you, how
long would it thke you,your staff, to devise a modification to the R-3A which would
include perhaps and R-3A-T, townhouse zoning. Okay? That would then be a classification
which would be available rather quickly I think. Row long would it take?
Mr. Fosmoen: I don't think it would take us terribly long to develop the language or
modify the existing R-3A. It would take a while to get through all the hearings.
Before all the Boards, and through this commission and finally, adoption. You
are talking about two -and -one-half to three months precess.0nce it is through
the staff, to get it through the Boards and commissions and adopting it in ordinance
form.
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Mrs. Gordon: But on the other hand, it takes time to develop plans and get
everything ready for a development anyway. So maybe if, you are all working
together, with that in mind, perhaps as Father said, perhaps we could defer
this until something is developed.
Rev. Gibson: I would like to offer the suggestion that defer the matter and
give these two men, meaving your company, and the neighbors, an opportunity
to sit down and come up with a reasonable suggestion and don't come back here.
Just go immediately to the staff, and then the staff will know, and put it on
the agenda so that we will cut through all this time business. Save time. But
we want to be legal. I would like to try it.
Mr. Lucas: Rev. Gibson, I mean what I said when I made those remarks earlier
about someone not coming to the aid of someone. I have a selfish interest in
this just as Mr. Rice has. Perhaps I might not be as objective as some of the
staff might. Mr. Rice will not be as objective in his views. I have, of course,
no resistance to meeting with Mr. Rice, and discussing with him, but I must tell
you this. I am convinced that the area does not need the zoning change. Not what
type of zoning to change it to, but it doesn't need to change. My presentation to
you, demonstrating the pictures of what is there, and except for the two houses,
that are occupied by non-resident, transient tenants, owned by this applicant, all
of the other houses on that street are well maintained, single-family homes. Nobody
is seeking changes for more units or more houses. Now, I don't believe, no. 1, that
the zoning change is required and no. 2 if there is a zoning change required at some
time in the future when a neighborhood changes, and requires it, the R-3A wouldn't
be the one to apply. That is my position. I would love to meet with Mr. Rice and
discuss this. You understand that.
Mrs. Gordon: Okay. Everybody is not going to be happy with what I am going to
say but I want you all to understand that I am looking at this as if it were
appearing before me in a court of law and if I were a judge and was looking at
this case and I am going to try to tell you how I feel about it. 15th Road to
the north is offices, well -developed in that characteristic. Brickell Avenue
to the south, except for this little strip, between 15th Road and the beginning
of the R-3A, is R-1 and R-1 is not proper zoning. I am sorry to have to say this
to you, because I respect you and your knowledge and I understand your dilemma.
I understand you live there and this is your home behind it, but from a strictly
zoning standpoint, R-1 is not the proper zoning for that area. And whether it
is R-3A or a zoning we develop that does accomodate that area, properly, I don't
know. I don't think R-1 is the proper area,....John, I am sorry,... for that area.
And you know,...you didn't live there, and you came before this Board as an attorney,
or representing a client. You've been a zoning consultant too so you understand
zoning very well.
Mr. Lucas: If you were the Judge ,Mrs.Gordon I would point out to you that a very
natural deviser exists ,the Immanuel Lutheran Church property which fronts on both
streets and serves as a natural divider for those homes that are preserved in the
R-3A that has already been mistakenly applied.
Mrs. Gordon: I really don't want to go into a debate. We have been here since 7 A.M.
but I Again I just simply want to reiterate, from 15th Road to the north, heavy
office usage,.. and the church, if it ever was removed from there, I am certain the
zoning would change.
Mr. Lucas: Mr. Mayor, may I make one final statement?
Ms.Pernandez:May I say something please. Excuse me. We have to deal with the
realities here, and the realities here are that the 3-A zoning has not worked
as was expected. It has been a disaster. On the other hand we have this area
of single-family residences that are well kept, that the character of that
particular area of the neighborhood has not changed, and why does this commission
want to destroy the character of that particular area of the neighborhood by intro-
ducing this 3-A zoning which has been ineffective and has been detrimental to the
Brickell Avenue area. Now, I do not understand. We may go back into the history
of the 3-A zoning, we may talk all night about this, but we haven't dealt with the
realities of this case. Thank you.
Rev. Gibson: Let me make a suggestion. I want to offer a motion to defer this matter
and give these two people an opportunity to sit down and talk. Hopefully you will come
up with a solution of a kind. If you don't come up with one better than we have before
1'9
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us, at that point in time, Theodore Gibson will be willing to take a vote,
a positive position. I just feel like a man with his knowledge and a man
with this man's knowledge, you can solve this problem. All of us have dilemmas.
Part of my hussle is marriage counselor. Everytime a man and his wife come in,
nobody wants to tangle. I say, let's sit down and talk. Not always am I
successful, but most of the time, when they walk out, they say, Father I am
glad I came. I want you to try it for my sake. Okay? That is, a motion to
defer.
Mr. Plummer: If I stay here another half hour, I am going to need your hussle
for marriage
Mr. Rice: I would appreciate that opportunity. I think it has been pretty
categorically stated, that our principal opponent is unalterably opposed
to changing zoning from R-1. His intellectual honesty in making that statement
is to be admired and I think precludes the possibility of any rapport developing
between us. What I would say to you is, that it is our intention that if this
R-3A zoning is approved, because of the presence there of a magnificent ficus
tree, and other trees on that site, to go through the site planning incidental
to a specified development and get approval, and an opportunity will be given
to refuse our plan. I would like to request you give us this R-3A zoning now,
and recognize that this company owns property all up and down Brickell Avenue
and we are not about to do anything to prejudice our reputation in this community
or what we do on that street. Thank you.
Mrs. Gordon: The motion is to defer, but it is also my intention to ask the
department to immediately begin their revision after this motion is passed.
Mr. Fosmoen: Commissioner, we will be happy to do that of course. I am not
sure that I understand who you want us to work with in that process.
Mrs. Gordon: I want you to work with your department.
Mr. Fosmoen: Fine.
Mrs. Gordon: And if anyone else want to give you input, that is fine, but you
are not mandated.
Rev. Gibson: My thinking is...as a fool can't see, and I am sure these two men
are too intelligent. If you don't do anything but sit down and look at each other
in the presence of the staff, I would like to have that done.
Mrs. Gordon: Why don't you call the roll on the motion.
Mr. Plummer: In casting my vote, it is very simple, I hate to sit here and
remind other people that I was only one that was totally opposed to the R-3A.
I said then, and I say now, R-3A in my estimation was nothing more than a high-class
ghetto. It still is. Every day that goes by, I am more convinced that I was right.
I am not convinced John, you won't want to hear this. To me, to fight for an R-3A
type of zoning was to create a buffer, the buffer from an R-5A to and R-1, to me
is not a buffer, as far as I am concerned. I think the whole key in this,...what
I would like to see, is what I think is very much in the next application, something
with flexibility. Something that in the wisdom of this commission, they can sit back
and say yea or nay. Yes it is too much, no it is too little. Now, all I am saying is,
there has to be a better alternative than what is there now. I will vote with the
motion with a hope that reasonable men can disagree. They don't have to be disagree-
able. I vote with the motion.
Mayor Ferrel I am abstaining because I am personally involved, in the vicinity.
Mr.Fosmoen: May I indulge the Commission, ----
Mr. Plummer: Go right ahead, it's only 1611 hours,....
Mr. Fosmoen:--get some impression of what it is you are objecting to.
Mrs. Gordon: Yes, I am going to offer you a motion if you will allow me sir.
I would ask the Planning Department, to, bearing in mind, the need, --I am not
going to say the applicant, because that isn't the point-- the strip of land
that is sandwiched between two higher classifications of zoning on an arterial,
which is a major highway, in my opinion, has to have to special treatment and
183 P P R 2,7 1978