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HomeMy WebLinkAboutCC 1978-09-28 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL 1. 'NM( tf1YiMSSIcfRF MIAMI, ORIbA SUBJECT INANCE SOLUTION PERSONAL APPEARANCE: MORTY FREEDMAN AND MEMBERS OF THE "INTERNATIONAL FOLK FESTIVAL COMMITTEE." DISCUSSION 2. REQUEST CITY MANAGER NOT TO ABRIDGE OR ABROGATE EXISTING AGREEMENTS BETWEEN POLICE AND FIRE UNIONS, PENDING CURRENT NEGOTIATIONS. 3. APPROVE APPROPRIATIONS OF THE U.S. FEDERAL REVENUE SHARING FUNDS FOR 1978-1979 - FUNDING OF "SOCIAL PROGRAMS." 4. CHANGE ZONING CLASSIFICATION: 45-91 N.E. 62ND ST. FROM R-3 AND C-4 TO GU. 5. GRANT ONE-YEAR EXTENSION OF VARIANCE- 1101 BRICKELL AVENUE. 6. AMEND ORDINANCE 6871, ARTICLES II, IV, VI, AND VIII - i PROVIDE DEFINITION, INTENT AND STANDARDS FOR "DEVELOP- MENTAL DISABILITIES IN R-2 AND R-4. 7. 8. 9. 11. 12. 13. 14. 15. 16. 17, RESCIND RESOLUTION R-78-311 (PAD). PERMIT OPERATION OF ADMINISTRATIVE HEADQUARTERS AND RETREAT AT "HOWARD HUGHES MEDICAL INSTITUTE," SUBJECT TO CONDITIONS. ADOPT POLICY OF PAYMENT TO THE CITY FOR SERVICES PROVIDED FROM NON-PROFIT/NON-TAX INSTITUTIONS. CHANGE ZONING CLASSIFICATION- NO. SIDE OF NW 23 ST., FROM NW 17 AVENUE TO NW 25TH AVENUE, FROM R-3 AND R-4 TO C- 5 . FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION- 5200 N.W. 2ND AVENUE FROM R-2 AND C-2 TO PR. PUBLIC HEARING AND DEFERRAL OF CONSIDERATION TO CHANGE ZONING, GRANT CONDITIONAL USE, GRANT VARIANCES TO PERMI OPERATION OF "MIAMI ADULT CENTER FOR THE RETARDED- 126- 128 NE 63 ST. M- 78-619 R- 78-620 Ord. 8860 R- 78-621 First Reading M- 78-622 R- 78-623 R- 78-624 Ord. 8862 First Reading M- 78-625 GRANT 1-YEAR EXTENSION OF CONDITIONAL USE 6515 N.W. 7TH AVENUE. R- 78-626 GRANT ONE-YEAR EXTENSION OF VARIANCES AND CONDITIONAL USE FOR PARKING - S.W. CORNER SOUTH DIXIE HIGHWAY AT SOUTH WEST 24TH AVENUE. ACCEPT PLAT: "TWIN VILLAS" GRANT APPLICATION OF FIRST FEDERAL SAVINGS TO PERMIT USE OF LOT 8 "PROUTS", SOUTH, 245 N.W. 1st STREET FOR DEVELOPMENT OTHER THAN SURFACE PARKING. FIRST READING ORDINANCE: AMEND ORD. 6871, ARTICLE XI-4 AND XXVIII - PROVIDE NEW LIST OF PERMITTED AND CONDITIONAL USES IN RCC. GRANT ONE YEAR EXTENSION OF VARIANCES, SET BACKS AND F.A.R. - 801 VENETIAN WAY. GRANT PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES - 5200 N.W. 2ND AVENUE. R- 78-627 R- 78-628 R- 78-629 R- 78-630 First Reading R- 78-631 R- 78-632 PAGE NO. 1 - 2 2 3 - 4 4 - 5 5 - 6 6 - 7 7 - 15 15-27 28 29-41 41-42 42-43 43 - 45 46 - 47 - 48 48 - 49 49 - 50 IMO • ITEM NO. 1 tr�x CItnISSIQNMIAMIAA S(IBJECT DINANCE OR SOLUTION NO, PAGE NO, 18. (A) FIRST READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION- 2543 NW 30 ST. AND 2568 N.W. 31 ST. FROM R-2 TO PR. (B) DEFER CONSIDERATION OF PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES AT 2543 NW 30 ST. AND 2568 NW 31 ST. 19. (A) FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION - 36-42 N.W. 59 STREET FROM R-2 AND R-3 TO PR. (B) GRANT PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES AT 36-42 N.W. 59 STREET. 20. GRANT PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES - 701-775 S.W. 4 STREET. 21. (A) FIRST READING ORDINANCE: CHANGE ZONING CLASSIFI- CATION - 1500 N.W. 16 AVENUE FROM R-3 TO PR. (B) GRANT PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES AT 1500 N.W 16 AVENUE FROM 22. R-3 RO (A) CHANGE R-1 TO (B) PERMIT PR. ZONING CLASSIFICATION-4101 N.W. 7 STREET FRO GU; CONSTRUCTION OF ADDITION TO FIRE STATION 1110 23. AUTHORIZE CITY MANAGER TO DONATE SURPLUS GARBAGE PACKER TO "JUNTA DIRECTIVA DE ASISTENCIA SOCIAL" TO ASSIST THE PEOPLE OF NICARAGUA. First Reading DEFERRED First Reading R- 78-633 R- 78-634 First Reading R- 78-635 First Reading R- 78-636 M- 78-637 52 - 53 53 - 5+ MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * Oh the 28th day of September, 1978, 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 7:15 o'clock P.M. by Mayor Maurice A. Ferre with the following members of the commission found to be present; ALSO PRESENT: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Mayor Maurice A. Ferre Vice -Mayor Manolo Reboso,(Absent) Joseph R. Grassie, City Manager R. L. Fosmoen, Assistant City Manager George F. Knox, City Attorney Ralph G. Ongie, City Clerk Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. A motion to waive the reading of the minutes was introduced and seconded and was passed unanimously. 1. PERSONAL APPEARANCE: HORTY FREEDMAN AND MEMBERS OF THE "INTERNATIONAL FOLK FESTIVAL COMMITTEE." Mayor Ferre: All right, we are in session now, and we are going to begin the evening. This is a formal City of Miami Commission meeting on Planning Zoning agenda. We are going to get into it in a moment, but we had a group of citizens sitting here since 5:30. Morty and I had a misunderstanding. I told him 5, and perhaps there was misunderstanding, and he understood 5:30. Maybe you said 5:30 and I said fine, and misunderstood myself. Be that as it may, I apologize to all of you for waiting and we are certainly happy to take you,...recognize you at this time. Mr. Morty Freedman: Thank you, Mr. Mayor and Commissioners. We have here some members of the Folk Festival Committee if they'll all stand. A number of them came during the recess and had to leave and go home. Thank you. We are not going to take up a lot of your time. We know you are tired and you have been at it last night and all day today. We would just like to reiterate since we were asked to come back again tonight, that we have submitted our budget. You know what it is. We appreciate any consideration that can be given to make it bigger and better, because it is by and for, people of all nationalities and ethnic groups. No single group, but everybody, and we think it is a great community relations event as well as attracting tourist and other. So, with that, we thank you for your attention. Mayor ferre: Thank you very much Morty, and ladies and gentlemen. We are now,.... Mr. Planner: Mr. Mayor, you made a promise this afternoon, and as unpleasant as it might be, Morty, you know I am a funny guy. I like to handle everything on top of the table. Inaudible remarks. Mr, Plummer: No, I don't Nagy was here again this afternoon and proffered SP 2 • i ahother letter, said he could hot be back. The letter spoke for itself and as long as we would guarantee him it would be read into the record, or made part of the record, that he would not worry about coming back. It is a part of the record. Mayor Ferre: We are not going to read it. We will just put it in the record. If you want to respond, you can respond into the record the same way. Okay? We'll let it go at that. REQUEST CITY to AGER NOT 10 ABP :)GE OR ABROGATE EXISTING A6REE11:: Is IiEi'l•:i:i:N 1'0l.It;i: +;:. ','IRE UNIONS, PENDING CURRENT : EGoTIA'i L"?\S. Mr. Plummer: Mr. Mayor if I may take 10 seconds of your time before you open to a zoning meetncj, I think it would be appropriate at this time that a motion be made, --is Rose around? Rev. Gibson: There she is. Mr. Plummer: Rose are you listening? it would be in order at this time, that a motion be made that no provisions, --seeing as how the provisions of the present labor contracts of police and fire, end on Saturday night, that a motion would be in order that no provisions of the present contract be abridged or abrogated until negotiations are completed. And I offer that in the form of a motion. Rev. Gibson: 1 second it. Mayor Ferre:There's a motion and a second. There is no problem with the adminis- tration on that is there? I wouldn't think so. Call the roll. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 78-619 A MOTION OF THE CITY COMMISSION REQUESTING THE CITY MANAGER NOT TO ABRIDGE OR ABROGATE ANY EXISTING AGREEMENTS BETWEEN THE CITY OF MIAMI AND THE UNIONS REPRESENTING POLICE AND FIRE UNTIL CURRENT NEGOTIATIONS HAVE BEEN COMPLETED. Upon being seconded by Rev. Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, RPv. Cihson, Mrs. Gordon and Mayor Ferre. NOES: None. Absent: Vice -Mayor Reboso. Mayor Ferre: Now, I assume we are through for the time being with the regular agenda, and I can now call this session on Zoning & Planning. Is that correct? Rev. Gibson: Right. Mayor Ferre: Any other pocket items? Any emergencies? Mr. Ongie: Mr. Mayor, that one resolution I told you about. 3. APPROVE APPROPRIATIONS OiTHE U.S. FEDERAL REVENUE SHARING FUNDS FOR 1978-1979 - FUNDING OF "SOCIAL PROGRAMS." Mayor Ferre: A resolution approving the appropriations of United States Federal revenue sharing funds for 1978-79 funding social service programs and authorizing agreements with social service agencies implementing such programs subject to certain conditions. Now, Mr. Manager, --- Inaudible. Mayor Ferre: Okay, well you'd better answer it, because you need her vote. Is this in any way different from the previous figures we had? Mr. Grassie: Yes, sir, it is in one way. If you notice there is a gap in the listing there. The organization that is organization se as for $12,000 and since it is theonly 9 30- day the list for reconsiderationot°wantctoahaveathemthey hereare fo�n512e000 whenyoufunding basis at the old rate, we did are considering them for a possible increase. So that is the only difference. between this list and the original one that you saw. Mayor Ferre: The $12,000 that PROC had, lined -item here. Mr. Grassie: That has been taken out. Mayor Ferre: And you have not redistributed that to other, -- Mr. Grassie: We have not redistributed, its simply been taken out. Mayor Ferre: So in the future if he wants, -- Mr. Grassie: It is still there, but since they are being reconsidered on the other list, we have not included them here. Mayor Ferre: This does not preclude sndinjctlofl�enior chtizenon te �randMr. theGrassie other for the Douglas Center Home for the Aged, proe things that we are worrying about. Is that correct? Mr. Grassie: No, on the contraryorWhat s0eandiitconfirm leaves opendthingsnlikethat you have already taken on these ganization Douglas Gardens. Mrs. Gordon: When will we be taking those other ones up? Mr. Grassie: As Commissioner Plummersays, as soon as we find the money. Mr. Plummer: As soon as y.9.2 find the money. Mrs. Gordon: We've got to take it up this next coming meeting I would assume, October 12. Mr. Grassie: We have 30 days to do that, and I would anticipate that that will be one of the major items on your agenda for the 12t . Mayor Ferre: Very good. Mrs. Gordon: I would assume, because we have to give them notice. Mayor Ferre: With that basis Rose, you want to move it? Mrs. Gordon: I'll move. Mayor Ferre: Father Gibson seconds, on the resolution 0s.,read Ga11 the roll:, • Hill i Mill 111111Einummi • . , . - • . • • . • • • • . • - . . • • - • • - • •• : . adoption: • RESOLUTION NO. 78-620 A -RESOLUTION APPROVING THE APPROPRIATION OF UNITED STATES FEDERAL REVENUE SHARING FUNDS FOR 1978-1979 FUNDING SOCIAL SERVICE PROGRAMS AND AUTHORIZING AGREEMENTS WITH SOCIAL SERVICE AGENEIES IMPLEMENTING SUCH PROGRAMS, SUBJECT TO CERTAIN CONDITIONS (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) Upon being seconded by Commiser Gibson , the resolution was passed and adopted by the following Iote- AYES: Mrs. Gordon, Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Reboso. ABSTAINING: None. who 4. CRAN(,F. ZONT: "L5-91. 62nd St. trom - 3 A:;',) C-4 TO . et ,,,.‘41,‘,g...' Mayor Ferre: Ai richt, ladie. eqtlemen, with our apologies for being 23 minutes late, we are nnw c‘n Fiannin,j & Zoning agenda. We are on item 1. This is a second reartn,: of at ordinance with the Planning Department application to change the zonino approximately 45-91 N.E. 62nd Street from R-3 and C-4 to GU. The ordinance was passed on first reading on July 27, introduced by Commissioner Gibson, and seconded t'y Commissioner Gordon. Is there anybody here that wishes to speak on item 1. Anybody here on item Any objectors? Mr. Plummer: Seeing none I'll move it Fr. Mayor. Mayor Ferre: Father Gibson, you want to move it? Mr. Plummer: I'm sorry. Mayor Ferre: Gibson moves. Gordon seconds. Further discussion. Call' Mr. Ongie: It's an ordinance. •, - . The ordinance was read by Assistant City Attorney Miriam Mier. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 3 THRU 8 AND 15 THRU 18, BLOCK 5; INGLEWOOD GARDENS (13-57) , BEING APPROXIMATELY 45-91 N.E. 62ND STREET, FROM R-3 (LOW DENSITY MULTIPLE) ANQ C-4 (GENERAL COMMERCIAL) TO GU (GOVERNMENTAL USE), 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 July 281 1978 was taken up for its second and final reading by title and adoption. On Motion of Commissioner Gibson , seconded by Commissioner Gordon , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Rev. Gibson, Mrs. Gordon, Mr. Plummer Mayor Gerre. NOES: None. ABSENT: Vice -Mayor Reboso. 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. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8860. 5. GRANT ONE-YEAR EXTENSION OF VARIANCE - 1101 BRICKELL AVENUE. Mayor Ferre: Now, ladies and gentlemen, the attorney on item #16 has a sick wife and has requested that we take him out of order. I will do that only if herehavinoaobjectors discusssion,�dI'mthis afraid,not Mr.bAttorney you arecontroversial goingitem. to If we enddup g9 have to wait your turn.Who is the attorney on Item 16? Mr. Davis: Who's the architect Mr. Mayor. Mayor Ferre: Oh, the architect. All right. Is there anybody here on item 16 that is opposed to item 16? Any opponents? Why doesn't the architect step forward then? Is Mr. Goldbloom here? Mr. Plummer: Does the Administration recommend it? I'll move it Mr. Mayor. • Mayor Ferre: The Administration recommends this? • _Unidentified: An extension. Mayor Ferre:It is moved by Plummer, seconded by Gibson, airther discussion, on Item 16. If not, call the roll. The following resolution was introduced by Commissioner Plummer who moved its adoption: RESOLUTION NO. 78-621 A RESOLUTION GRANTING A CONTINUATION OF VARIANCE GRANTED BY CITY OF MIAMI ZONING BOARD RESOLUTIONNO. ZB 86-78 FROM ORDINANCE NO. 6871 ARTICLE XI-2, SECTION 3(2)(e), TO PERMIT CONSTRUCTION OF AN ADDITIONAL 11-STORY OFFICE BUILDING ON LOTS 16, 17 AND 18, BLOCK 104S; BRICKELL ADD AMD (B-113), BEING 1101 BRICKELL AVENUE, AS PER PLANS ON FILE, WITH A 35' NORTH SIDE YARD (51-REQUIRED); ZONED R-CB (RESIDENTIAL OFFICE) AND SUBJECT TO : 1 SUBMISSION OF A DETAILED LANDSCAPE PLAN TO ABUTTING PROPERTY OWNERS AND U.D.R.B. FOR APPROVAL, PRIOR TO APPLICATION FOR A BUILDING PERMIT; 2. MAINTAIN AND PROTECT DURING CONSTRUCTION, EXISTING TREES IN THE LANDSCAPED AREAS ALONG BRICKELL AVENUE AND SOUTH BAYSHORE DRIVE AND THE OTHER EXISTING LANDSCAPE AREAS TO BE RETAINED; NOT TO EXCEED ONE YEAR. Here follows body of resolution, Omitted here -and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson, Mrs. Gordon and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ABSTAINING: None. erson: Thank you very much. 6. AMEND ORDI ANCE 6371, ARTICLES II, I\', VI, AND VIII - PROVIDE: I)EFINI1IOa, INTENT ANI) STANDARDS FOR "DEVELOPMENTAL DISABILITIES IN R-2 ANI) R-4. - • . ;t.'i.<r s i".,-'; ,'•;},.. `,;�;.:;• 4 1 - - 1 ':+._�e4.�+.�;,-; ,. a',� a 'r�'. ' .- : s, .;. ,>.•ra . - ; '.i..'- Mayor Ferre: We are now on item No. , w lc is a secon. reading of an ordinance from the Planning Department application, was previously moved by Plummer, seconded by Reboso. Are there any opponents to item .2? Okay. We will have to wait now for Mr. Reboso so we can have a full commission. We will come back to that as soon as we have a full Conenission. Item #3. That also deals with the same thing, doesn't it? Mr. Davis: No, sir, this is a separate item. Item #3 is a separate item. This is a second reading of ordinance,... Mayor Ferre: Anybody here on Item #3? Would you raise your hands. Are you an opponent? Unidentified: In favor of it. Mayor Ferre: In favor of it, Mr. Forman? Is that right? Mr. Plummer: Is there anybody opposed? Mayor Ferre: Are there any opponents to Item #3? Mrs. Gordon: I'll move No. 3. That's provisions to deal with those handicapped persons. Mayor Ferre: Anybody here wants to speak to 3? Administration? All right, Mrs. Gordon moves, Father Gibson seconds. Further discussion? Read the ordinance. Ms. Maer, Assistant City Attorney read the ordinance. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE II, SECTION 2, TO PROVIDE DEFINITIONS FOR FACILITIES FOR DEVELOPMENTAL DISABILITIES; ADDING ARTICLE IV, SECTION 45, TO PROVIDE INTENT AND STANDARDS FOR LOCATION AND APPROPRIATENESS; ADDING A NEW SUB-PARA-. GRAPH (f) TO PARAGRAPH (4a) TO PERMIT THESE FACILITIES AS A CON- DITIONAL USE IN R-2 DISTRICTS; AND BY AMENDING PARAGRAPH (11)(c) OF ARTICLE VIII, SECTION 1 TO ALLOW THESE FACILITIES IN R-4 DIS- TRICTS; 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 July 27, 1908 was taken up for its second and final reading by title and adoption. On Motion of Commissioner Gordon , seconded by Commissioner Gibson , the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES:Mrs. Gordon, Mr. Plunnner, Rev. Gibson and Mayor Ferre. NOES: None. ABSENT: Vice -Mayor Reboso. The City Attorney read the ordinance into the public of cerecord Commission and announced that copies were available to themembers and to the public. 7(a) RESCIND RESOLUTION R-73-311 (PAD) . 7 (b) PERMIT OPERATION OF ADMINISTRATIVE HEADQUARTERS AND RETREAT AT "IIOWAt D HUGHES t1EDICAL INSTITUTE," SUBJECT TO CONDITIONS. . 7(c) ADOPT POLICY OF PAYMENT TO THE CITY FOR SERVICES PROVIDED FROM NON-PROFIT/NON-TA}; INSTITUTIONS. Mayor Ferre: Are there any opponents to the Howard Hughes Medical institute? That's item No. 4A and B. Steve, are you an opponent? Inaudible. Mayor Ferre: All right. Would you have the resolution read, and if there is opposition. Mr. Davis: The Clerk has the resolution Mr. Mayor. Mayor Ferre: Who does? Mr. Davis: The Clerk does. Mr. Plummer: Let's get a copy, and let's read it. Mayor Ferre: Would you give Mr. Korner a copy of the resolution? Mr. Ongie: Yes, sir. Mayor Ferre: Maybe we can do this very quickly now. Mr. Davis: Just a moment. Mr. Rice may have something he wants to say. Mayor Ferre: Who? Mr. Davis: Mr. Rice. I'll check with him. t Mayor kngs: therte: your lasttime,ltem is are there.anyumight opponentsntotItem 4be eAe& Brothers' I'm asking noww for for than Mr. Korner? Mr. Plummer: He's not necessarily an opponent. Mayor Ferre: He's not necessarily an opponent. Does anybody else wish to speak to this item? Mrs. Gordon: I'll tell you what Mr. Mayor, whether there's opponents or not, I want to hear the presentation. Mayor Ferre: Okay, proceed. Mr. Talbert D'Alemberie:For the record sir, my name is Talbert D'Alemberte with the law firm of Steele, Hector and Davis. I am here representing the Howard Hughes Medical Institute. mommmr MMEEk MMMMW MMMEW IMMff momm mmilw mmmp EIEW Mr, 'lutnmer: Pull the mike up,' Mr, ballenberg: Can I be heard now? Mr, Plummer: Much better. Mr,D'Alemberte: I'd like to make this very brief if I can, Commissioner Gordon, and then see if you have any questions of me. Ed Grafton, the architect of this project is here and can answer any design questions that you have. Let me just say very briefly at the outset, that this is a proposal for a special use permit, and to be granted to a research institute,for ase of the property as its adminis- trative headquarters and for what's caller' a retreat. And we've debated a great deal about what a retreat means. Wha( it weans,if you look at some books that are being passed out to you now, is it means that research doctors get together and discuss their research projects. And we've actually even got the agendas from a number of those retreats that have been held in the past included in that book. My count says that the greatest number of them that get together are 12 or 15, somewhere in that range, from distinguished medical schools all over the country to discuss,..to lecture one another about their research purposes. Now, what the Institute has sought is a permanent home. For some time it has been located in Miami in facilities very close to the University of Miami Medical School. But because the Medical Institute disperses funds,..not only to the University of Miami, but to Yale, Harvard, Stanford and a number of other very distinguished medical schools throughout the country, --at least has its employees working in those areas, --there has for some time been a desire to separate physically from the University of Miami Medical School facilities. So in searching for a place, , they've wanted a place that's compatible with the research and the retreat -tuned( of principle. They think Coconut Grove is such a place. Now, Commissioner Gordon, so I don't go on at great length, let me tell you that before this property was ever purchased, we sought to assure that it could he used for this purpose, and this purpose was compatible with Coconut Grove. And before we ever made an offer to purchase the property, we went to people like the Coconut Grove Civic Association, and they're present here as are other people who we have consulted with. We consulted with all the neighbors in the immediate area, and you will find in that book, letters from the adjacent property owners saying that they encourage this use. Now the use,.. special use, would be granted for the retreat and administrative headquarters, under certain restrictions. And the restrictions would be, that we not put any more than 50 employees in the facility. We presently expect to have 17. That's quite a reasonable restriction we think. And that we have no more than 30 thousand square feet of additional property,...and it may be that Ed Grafton might want to tell you some of the other details about the design, showing you the existing building. Ed, do you want to add something at this time? Mr. Davis: Speak to the microphone sir. Mayor Ferre: Why don't you pass that drawing up here and we can look at it while Mr. Grafton is talking and that way we will save some time. Mr. Angie: State you name sir. Mr. Edward Grafton: I am Edward Grafton, of Ferrendino, Grafton, Spillis, Candella, Architects, Engineers. When the Howard Hughes Medical Institute made their decision that they should be separated from the University of Miami Medical School physically because they are involved with other medical schools they then began to search Miami for other sites for their new headquarters. There' was a period of disenchantment with the whole process, and one of the strong members of the executive committee of the Howard Hughes Medical Institute is from Calif- ornia. The people in Miami who wanted the Howard Hughes Medical Institute to stay in Miami were very concerned because it looked like it was headed for California. Fortunately this property was found, and the enthusiasm for this property was tre- mendous by all the members of the Board of the Howard Hughes Medical Institute, and really it was this property that kept this organization here in town. And the benefits of keeping such an organization here in town are tremendous, not from the number of people they employ , because they employ very few, but from the amount of money they donate to the University of Miami and other good re- search causes. The property has the ability now under City of Miami action of allowing 38 homes to be located on this property. This would be fairly high density. The 38 homes would be sitting on lots that are only about 10,000 square feet. To give you a comparison, there are 12,000 sq. feet in the million -dollar home that now exists on the property. So these would he very small lots, very small homes. Lots of traffic, service vehicles and etc. Obviously, there is no real objection here tonight by the community. And the reason for that is, that after we carefully ,Ch eXp1aihed to them what the Howard Hughes Medical Institute was going to do on this property, what they were going to build, and the residents of the Coconut Grove in general, and specifically the residents that surround this property, decided that they would much rather have the Howard Hughes Medical Institute and its activity on this property than they would any other activity that they could imagine. So we found great enthusiasm,..the people who surrounded the property, and organizations, and people in general in Coconut Grove. To give you just a quick thumbnail sketch of what they are going to do, the main house which is a very beautiful house, some 12,000 sq. ft. is going to be maintained and restored in every way, and completely furnished as a residential kind of setting. The Howard Hughes Medical Institute will have meetings in there. There will absolutely be no research done on the property, no medical service. This is simply their administrative headquarters and a place for their doctors to gather. There will be one or two tennis courts. There's one tennis court there now. There will be 30,000 sq. ft. eveitually of office space which includes a small conference room. Fifty cars. Mrs. Gordon: How many square feet did you say,Ed? Mr. Grafton: The resolution calls for the ability to allow them 30,000 sq. ft. of additional space on the property. Mrs. Gordon: There's no plans to build it now. Mr. Grafton: They don't plan to build it now, but they would like sometime in the future to go to that limit. They would not build more than 30,000. Mayor Ferre: All right, Mr. D'Alemberte.Thank you Mr. Grafton. Mr.D'Alemberte: Mr. Mayor, there are several people who we consulted who I think are willing to speak for us, including Joanne Holtzhauser. But if I just make two statements on the record, one, I think to satisfy Mr. Rice's problem. He was worried about the parking facility on the northern limits of the property. If you can just point to that. We've just had a discussion, and Jack maybe you'd just like to make the statement about the understanding so there's no confusion between us. Mr. Jack Rice: Yes,...I represent Charles Deering McCormick who owns a piece of property approximately the same size of this property. Originally this had a 38-house development of PAD or PUN, I forget which, which would have put a substantial amount of traffic in the area. We feel that this is a much better development and its the understanding that there would be nothing placed bayward from the existing manor house, and no building would exceed 25 ft. in height, which was much better than the 38 houses which you could go you could go, up to 30 some- thing feet. However there's two things that they agreed to, with Mr. McCormick and myself, and that is, this parking space for 25 spaces. They have agreed that there would be no parking in this road that presently runs down along the side of Mr. McCormick's property. However the plan on file don't reflect that. The plan on file does reflect parking in this area. They have agreed that their parking will be on the other side of this median strip, which will be not less than 25 ft. from Mr. McCormick's existing wall, and this median strip will have heavy foliage to prevent any sound from coming through, and all the parking wNill be cm the manor house side of that median strip.And I'd like to have that in the resolution that's passed in order that we are not stuck with the plan on file. In addition they agreed to move the new tennis court much further back from Mr. McCormick's property. And when I say that, I was assuming that they were going to move it approximately 50 or 100 ft. And I would like to get that statement into the record from the applicants here. Mr.D'Alemberte: My understanding is, that the present intention is to not to construct a new tennis court. Mr, Rice: Then if you are not going to construct it, I'd like the resolution to read they'd only have one tennis court. Mayor. Ferre: What he wants is a clarificationof it as of now. And I think the way to do that is just to say that you are going to have one tennis court and if you build one in the future, it will be from 50 to 100 ft.... Mr, Rice: 100 ft. to the rear of the existing,...that would be southerly pf the existing tennis court. 9 Mayor I:erre. Ed, can you do that, or is that just too much? Inaudible. Mr. Rice: Now, wait a minute. This is what we agreed to. I am not about to start arguing this at the time it comes before the Commission. The attorney agreed with me on this fact, and I thought it was all cut-and-dried, I am supposed to get a copy of this well in advance, and I haven't received it. Mayor Ferre: That's not the question, Jack. The question now is, at this point, the question is, Ed can you fit the second tennis court the way he is requiring it, a hundred feet? Mr. Grafton: I don't want to argue :with Mr. Rice, but our view of it was, he said that we would move the tennis court, --the second tennis court, --there's one there now, --we would move the second court as far away from his client's property as possible. Now, the problem with the two tennis courts is, as most of you know, they want to be together. These doctors that come in from out of town, they are great tennis players, and this is part of their relaxation. Putting one tennis court here and Jne 150 ft. away, is not the way you do it. It just doesn't work that way. So I think he's being a little stingy with us. We agreed to the parking. We want the two tennis courts. We will move the second court as far away from his property as we can, but I want to keep them close enough together so they work. Mayor Ferre: Well, I wasn't at the meeting so 1 don't know what was agreed upon. That's something, --- Mr. Rice: In the minutes, and I don't mean to be quarrelous, but a deal is a deal. And they made a deal with me, and I've supported them, and this isn't the time to back out, and Mr. D'Alemberte and Mr. Welch will agree to that. Mr. D'Alemberte: To confess, .pack, I had understood the thing the way Ed Grafton stated it. I don't know that it is a big point with us at this stage because our present plans are to leave the present tennis court location,... Mr. Rice: Leave the second one out and you can always apply for the second one. Mr. D'Alemberte:..and I think that might be, Ed, the best way to resolve the thing at this stage, if that is all right with Mr. Rice. That would be agreeable to us, is, we just keep the present tennis court location, and if we've got some problem later we will consult with Mr. Rice in the first instance. Mrs. Gordon: Question also regarding the future office building, when you decide that it is time for you to construct that you do come back for approval to the City through the Planning Department for location and design etc. Mr. D'Alemberte: Yes. Mrs. Gordon:...so that it meets and fits in,... Inaudible. Mrs. Gordon: --yes, but that's part of this application. Mr. Davis: It is not necessarily part of the applcation because the only way they could get a building permit to put any structure on there would be to have another hearing. Mrs. Gordon: Have another hearing? Mr. Davis: Yes, ma'am. Mayor Ferre: Let's move along, We have a long agenda today. Mr. Rice: There is one other item Mr. Mayor. They agreed to repeal resolution No. 78-311 and I sent a copy of that repealing resolution to the City Attorney's office and 1 hope it is on the agenda which does away the 38 unit PAD. Mayor Ferre: Let's do that one first? Mrs. Gordon moves item 78-311 be repealed, 10 Mks. 661doh l would agree. You understand what is happening? You agree? Okay. Mayor Ferre: everybody in agreement? Plummer seconds. Further discussion Oh that. Call the roll on that first. Mr. Ongie: Mrs. Gordon, Mr. Plummer,... Mayor Ferre: What's wrong? Mr. Davis: I wanted to explain to Mrs. Gordon, or anybody else, I did not understand that that extra 30 thousand was all on the plans. Now, it is all 'oh the plans and this is part of the thing that you are approving. Mayor Ferre:You know what we are voting on now? Mrs. Gordon: Do you know where its located on the plan? Mayor Ferre: We are in the middle of a vote now, on 78-311,--repealing that, Now you are going to speak to that? Mr. Davis: Oh, no, sir. Mayor Ferre: Continue the roll call. NOTES: Vice -Mayor Reboso enter the meeting at 7:30 P.M. The following motion was introduced by Commissioner Gordon who roved its adoption: MOTION NO. 78-622 A MOTION RESCINDING R-78-311 WHICH GRANTED A PAD CONSISTING OF 37 NEW ONE -FAMILY DWELLING STRUCTURES PLUS ONE EXISTING STRUCTURE FOR A TOTAL OF 38 SINGLE FAMILY DWELLINGS GENERALLY DESCRIBED AS IN THE AREA OF EWANTON HEIGHTS (AS PER PLANS ON FILE) AND AS MORE FULLY AND SPECIFICALLY DESCRIBED IN SUCH RESOLUTION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. Mayor Ferre: All right, now,....back to,... Mrs. Gordon:..the office building. That's a part of your plan now. It shows where its going to be on the plan and that meets with the approval of the neighbors and the neighborhood? Okay. Mr. D'Alemberte : And those plans have been shown, and that's the reason we've been in discussions like that we've just had with Mr. Rice. Mrs. Gordon: One more item then. I'd like to get your opinion and that is if you should dispose of the property, would you then be willing to have it revert back to its zoning as it is as of this moment, which is without the 38? Mr. D'Alemberte: Well, Commissioner Gordon, first of all there's no intention to dispose of it. So, -- Mrs. Gordon: No, but would you be willing? Mr. D'Alemberte: At this point, you've repealed the resolution that gave the PAD. So that's were we'd be. Isn't it? That's exactly where we'd be. So, yes we are willing to be there. Now, if we left the property for some reason, not anticipated now, and sold the property, I assume that some future property owner would have the right to come in and ask that it be PAD we can't bind them, so we would not attempt to do so. 11 Mtss Gotdoh: That's hot what I'm talking about Sandy, Mt, Davis: If I may Mrs. Gordon,... rn talking about,` Mrs, Gordon: --the transfer of this property to some other commercial user who Might be using it as an office structure and the business area. Mr, Davis: This can't happen Mrs. Gordon, because your resolution that you are approving states this is for the Howard Hughes Medical Institute, period, And Of course no other institution could use it under this grant. Mrs. Gordon:Okay. I am reading from one of the lettersin the book that you gave to me, and that was a recommendation of one of the attorneys that agreed to approve your plan, subject to the fact if you should sell that, with the proviso, that if the property is ever sold, or otherwise disposed of by the Institute, that it shall revert to its original zoning. Mr, D'Alemberte: We are told by the City Attorney and its our opinion that that protection exis's. There's one other protection that is desired by Mr. Steve Korner, who's consulted with, --and I think we've given the language to Miriam Maer and was at his suggestion, we have not objection to additional language being included in the resolution, if that's,... Mrs. Gordon: Which language? Mr. D'Alemberte: It is language which would simply restrict, --you have it Miriam?, It would simply restrict any commercial rental of the property. We have not in- tention of commercially leasing the property and that's agreeable to us. Ms. Miriam Maer, Assistant City Attorney: That language would be that no portion of the improved property shall be leased or rented for commercial purposes. Mrs. Gordon: That's fine. That's in line with what we were trying to protect. Mr. D'Alemberte: Surely,and that's been our, --we would not have had approval of Mrs. Holzhauser and other people. Mayor Ferre: All right, Mr. Carter has just made a motion to me for the record that he approves of this being done. Mrs. Gordon: He approves, he gave you the victory sign. Mayor Ferre: Is there anybody else who wants to speak to this Commission on Item 4A and B. Otherwise, as stipulated by the three comments made by Attorney Jack Rice, and that comment read into the record by Mr.D'Alemberte, we are ready to make a motion, -- Mrs. Gordon: Include the parking location, -- Mayor Ferre: --parking and all the things that's been discussed on the record. Mrs. Gordon: The tennis court being far, -- Mr. Rice: --no additional, only one tennis court. Mayor Ferre: Mrs. Gordon moves, Father Gibson seconds. All right. We are ready to vote. Mrs. Holzhauser: Could I just say thank you to them for approaching us and dealirg with the civic clubs, all of us, --in the way they did; We have never had a more co- operative group come to any of us. And I speak for Tigertail,... Mrs. Gordon: Obviously it works so I think anybody else in the future ought to take heed. Mrs. Holzhauser: I wish everybody else would come to us as they did and say this is what we want. We will do whatever you require for us to do it, for the best of Coconut Grove. 12 r Mayor Ferre: t don't know of too many Howard Hughes Medical tnstitutet that are willing to buy property of this caliber3.. Unidentified person: It would be nice. Mayor Ferre:..and do what they are doing with it. All right. We have a motion and a second on 4A. Call the roll. Mr. Plummer prior to roll call: I am glad to see that we have reached the degree of sophistication on zoning where it is a criteria of a tennis court. I vote 'yes'. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-623 A RESOLUTION AUTHORIZING THE HOWARD HUGHES MEDICAL INSTITUTE, A NON-PROFIT CORPORATION OF EDUCATIONAL AND PHILANTHROPIC CHARACTER, TO USE THE PROPERTY LOCATED ON THAT PART OF LOT "A" LYING EAST OF MAIN HIGHWAY, EWANTON HEIGHTS (B-52); AND A POR- TION OF QUINTA MARINA (34-35); AND A PARCEL OF FILLED LAND BEING A PORTION OF, AND THE SOUTHEASTWARDLY EXTENSION OF LOT "A", EWANTON HEIGHTS (B-52), BEING 3645 MAIN HIGHWAY, FOR EDUCATIONAL AND PHILANTHROPIC PURPOSES, PURSUANT TO ARTICLE IV, SECTION 36 OR ORDINANCE NO. 6871, AS PER PLANS ON FILE SUBJECT TO: (A) A LIMIT OF 30,000 SQUARE FEET OF ADDITIONAL SPACE, (B) A LIMIT OF 50 EMPLOYEES, (C) CONSIDERATION OF VOLUNTARY PAYMENT FOR ESSENTIAL SERVICES RENDERED TO THE PROPERTY BY THE CITY, (D) THE REQUIREMENT THAT ALL HOWARD HUGHES INSTITUTE EMPLOYEES MUST APPROACH THE INSTITUTE FROM THE SOUTH, AND (E) SAID PROPERTY SHALL ONLY BE USED FOR EDUCATIONAL OR PHILANTHROPIC PURPOSES, (F) THAT NO SEMINARS SHALL BE CONVENED BEFORE 9:00 O'CLOCK IN THE MORNING, (G) THE EXISTING TENNIS COURT SHALL BE THE ONLY TENNIS COURT PER- MITTED ON THE PROPERTY (H) THE PARKING LOT TO BE CONSTRUCTED ON THE NORTHERLY SIDE OF THE EXISTING MANOR HOUSE SHALL BE SET BACK 25 FT. FROM THE EXISTING WALL OF THE ABUTTING PROPERTY LOCATED ON THE NORTHEASTERLY SIDE OF SAID AREA SHALL BE LANDSCAPED WITH DENSE FOLIAGE TO CREATE A BUFFER ZONE Here follows body of resolution, omitted here and on file in the City Clerk's office.) Upon being seconded by Rev. Gibson, the resolution was passed and adopted by the following vote: AYES: Mrs. Gordon, Mr. Plummer, Mr. Reboso, Rev. Gibson and Mayor Ferre. NOES: None. Mayor Ferre: Now, we need a motion on 4B? Mr. Plummer: I want a little discussion on that. Mr. Davis: Mr. McManus is prepared to discuss this with you, Mr. Mayor. Mr. Plummer: Yeah,... Mayor Ferre: Well, it's very simple,... Mr, Plummer: Yeah, but here again, it is not that simple Mr. Mayor because first of all, I don't know where they got the authority to do such, second of all, I don't know what they negotiated. So let's go from there. Mayor Ferre: I think if we listen to Mr. McManus, he is going to explain it I hope in about 2 minutes and we can vote on it. Mr, Plummer: I hope he can do it in one, 13 kf ::• 1�, Me, McManus: Mr. Mayor and members of the Commission, partially as a result of discussions on the Howard Hughes case, which you have just heard, the Planning Advisory Board, at the recommendation of the Planning Department, has suggested to the City Commission that you establish a policy that where non-profit institu- tions, eleemosynary institutions, come forward and request certain special permits under Article 4, Sec. 36 such as Howard Hughes, that part of the public hearing process consider certain payme_far 'city services. Now, going from that policy question, and we are suggesting aresolution from you, we have negotiated --that is the law department has negotiated an agreement with the Howard Hughes Medical Institute, which basically reflects a payment for city services, which we believe is equitable and which the Howard Hughes people believe to be equitable. Mrs. Gordon: I think it is equitable too. Mayor Ferre: I want to congratulate you for doing a wonderful job .and to the Howard Hughes people for being understanding in this agreement which is a binding, legal document as I understand. Is that right? Mrs. Gordon: I'll move it Maurice. Mayor Ferre: Mrs. Gordon moves, Father Gibson seconds, item 4B. Mr. Plummer: Under discussion,... Mayor Ferre: That wasn't so hard was it Plummer? Mr. Plummer: No, Mr. Mayor it wasn't hard, but what you've got to tell me Mr. McManus that you didn't tell me, is, what if any and how did you derive a formula? Let me tell you my concern, Jim. First of all you didn't tell me how much they agreed to. I saw in the paper a thousand dollars. I don't know if that's the figure.Okay? :second of all, how do you distinguish not applying this uniformly across the city because your immediate first fight would be Jackson Hospital. Mayor Ferre: Because it was a negotiated deal. Mr. Plummer: I'm saying applying this uniformly. Mr. McManus: What we are saying Commissioner, as a matter of policy,that where eleemosynary institutions come in under Article 4, Section 36,..in other words they are applying for a special permit within,.... Mr. Plummer: Okay, George has answered it even quicker. Okay, if it is not retroactive. Now, how much did we get. Mr. McManus: Do you have the exact amount there? I think that'swhat the, commission is,. Ms. Maer: $14,242.10 for this year. Mr. Plummer: Per year? Ms. Maer:...and each year after that,... Mayor Ferre: Say into the record please. Mr. Grassie: My impression is that it is about $16,000 a year in lieu of taxes. I think the important thing about this Mr. Mayor and members of the City Com- mission is that we have to recognize it as a voluntary offering on the part of the institution. It is not a tax. It is not something that we apply uniformly to everyone, but it is something that comes out of the process of discussion and it is voluntary on the part of the institution. Mayor Ferre: Mr. Grassie is there any provision for any kind of escalation for,... Mr. Plummer: I love your definition of the word voluntary. Mayor Ferre: ....for cost -of -living? Mr, McManus: Mr. Mayor there is an escalation clause in there that acts from 14 i ear=to.year, acid is based on what happens in the city-wide assessments: f"h'other words, its city-wide assessments,.. Mayor Ferre: There is a formula. Is that correct? Thank you. Further questions? All right, call the roll. Mr. Plummer: Yes. I'd like furnished to me a copy of the formula that was used. Mayor Ferre: All right. Further discussion. Call the roll. The following resolution was introduced by Commissioner Gordon who moved its adoption: RESOLUTION NO. 78-624 A RESOLUTION OF THE CITY COMMISSION ESTABLISHING A GENERAL POLICY THAT CONSIDERATION BE GIVEN TO VOLUNTARY PAYMENT FOR CITY SERVICES FOR THE PROTECTION OF LIFE, HEALTH AND GENERAL WELFARE OF ITS CITIZENS DURING APPLICATIONS UNDER ARTICLE IV, SECTION 36, SUB -SECTION (2) OF THE COMPREHENSIVE ZONING ORDINANCE NO. 6871 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson , the resolution was passed and adopted by the following vote AYES: NOES: None. Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson ViceMayor Manolo Reboso Mayor Maurice A. Ferre B. Change zoning classification- No. side of NW 23 St., from NW 17 AVENUE TO NW 25TH AVENUE, FROM R-3 AND R-4 TO C-5. Mayor Ferre: We are now on item #2. Is the attorney for the applicant present at this time? We are now on item #2. Well, I guess he is not here. Is the applicant,... Rev. Gibson: There he is. Mayor Ferre: Okay. Change of zoning for the northside of N.W. 23rd Street generally to a depth of 175 ft. from 364.5 ft. west of the N.W. 17th Avenue to N.W. 25th Avenue from R-3 to R-4 to C-5. This was passed on first reading on July 27. All right. Mr. Whipple: Mr. Mayor I believe the Department is the applicant on this item, pursuant to the City Commission request for consideration of rezoning. You have heard this item on first reading, and let me very succinctly and shortly do the following: as to the conclusions of this study, we feel there is no justification for the rezoning of the residential area along the north side of 23rd Street, between 17th and 27th Avenues. The basis of our recommendation is as follows: comprehensively, we feel there is no justification for the additional commercial zoning due to the fact that ample, properly zoned, --particularly I-1 zoning, exists in near proximity to the subject area, which is vacant or underutilized, or presently occupied with low -density residential wood structures, in various states of disrepair. As indicated on the maps that we attached to the study, the Allapattah industrial area, and as reported by the Miami Comprehensive Neighborhood Plan Studies, suf- ficient land is available based on recent trends to accomodate commercial and industrial expansion in this area for the next 12 or 15 years. Secondly any change to commercial zoning would not be consistent with the existing established land - use pattern of the area. Thirdly, the proposed change would not be in accord with the proposed Miami Comprehensive Neighborhood Plan, which recommends low, moderate- 15 tlettsity'residential land use for the north side of 23rd Street. Fourthly, if 2ohing changes occur, the impact on the abutting residential development would be greater than the impact upon the existing residential development, facing the existing commercial development. Close proximity are the commercial development, 10 ft, rear setbacks for instance, could affect the quality of life more than the facing commercial uses due to the streets' spatial quality, and scheduled landscaping and buffering improvement; through the C.U. program. Fifthly, the encroachment of additional commercial activity into the residential area could have a negative impact, with respect, to the stability of the residential area to the north,efforts such as comprehensive neighborhood plan which promotes investments and interest in existing housing stock, would likewise be adversely impacted. As you might know, the Community Development Program has many programs instituted in the Allapattah area, concerting loans for rehabilitation, loans for up -grading of property, and have also provided moneys to improve the area physically and through the other living amenities. Sixthly, a change as proposed would increase auto and truck traffic on 23rd Street, could introduce additional 'commercial traffic in the residential area between 23 and 28 Streets. Mr. Mayor I just read the con- clusions of our study which was forwarded to you, and expounded upon as your last meeting,and as '.efore, the Planning Department recommends that the change of zoning not be granted on the north side of 23rd Street. Mr. Plummer: Just for the record sir, I want to establish, because you read through that pretty quickly. I heard your concluding statement but I want to ask it and clarify it on the record. It it my impression from what I have heard, there is nothing new being brought out nere this evening that you did not bringout at the prior hearing. Mr. Whipple: Commissioner Plummer, that is correct. Mr. Plummer: I just want to make sure that that's the way I understand i Thank you. Mayor Ferre: All right. Further proponents. Mr. Armando La Casa: I am Armando La Casa, 1408 S.E. Bayshore Drive, Miami, Mr. Mayor and members of the Commission, the first reading discussion of this application, we went over general considerations. I haven't heard anything new submitted by the staff of the Planning Department of the City of Miami concerning this. So I am not going to take more time than necessary from the Commission on this second reading. The basic question is the fact that we are not discussing here a unique situation. 0n the contrary, what we are discussing here is about one of the very few, if any, isolated cases where we have the kind of zoning, C-5, which is the most liberal one in the City of Miami, versus a low -density resident, 1 3 on the other side of the street. In the first reading discussion, I submitted t this Commission the official Zoning Atlas, of the City of Miami to prove that wherever we have this type of situation in the Lity of Miami, and I mention Flagler Street, 36th and several other arteries in the City, we do have the same kind of zoning on both sides of the street. This is the result of very poor planning, and to further strengthen this point, I submit to you, that on N.W. 23rd Street, these 8 blocks are the only ones and constitute the exception to the rule because from 17 Avenue down, what we have is C-5 on both sides of the street, on the two side- walks. This is only normal, and product of a good planning and zoning because obviously, to try to maintain residential kind of a situation just across the street from the type of zoning that allows industry, is a hassle and is completely unrealistic. So I plead with this Commission to maintain the decision of the first reading and approve this application. Thank you very much. Mayor Ferre: How many opponents would like to speak? Would you raise your hands? If you would come over and give the clerk your name, I'll read the names off as they,....all right, we'll start with you sir. Mr. Tod Aronovitz: Mr. Mayor and members of the Commission, my name is Tod Aronovitz, Suite 1102 Ainsley Building, representing the Allapattah Homeowners Association. Mr. Mayor, these people who are here tonight in opposition to the proposed zoning change, are long-time residents, long-time taxpayers in the City of Miami, they are very concerned,needless to say, you know how many meetings they have attended about the drastic, dramatic change that this will have upon one of the oldest residential communities in the City of Miami. They have sub- mitted petitions in the past. Mr. Melvin Adams the executive director of the Dade County Housing and Urban Development, could not be present this evening. He is on the record opposing this as there is housing, public housing, directly along N.W. 16 ��. 23 Street which will be adversely affected by this proposed change. The Planning Department has uniformly recorrtnended a denial. They have clearly stated their reasons, and at the conclusion of my brief speech, I would like to ask Mr. Whipple for a few short comments. Primarily we feel that there is no justification either a legal justification or a practical justification to permit this zoning at this time. It is clear from the report that was submitted by the Planning Department dated May 30, 1978, that there is no need at this time, for further commercial or industrial development along N.W. 23 Street. I am talking about the north side of N.W. 23 Street. It is clear that at this time, according to the reports that have been submitted by the Planning Department, that there is enough commercial and industrial property that is already zoned, that is already in the area, to last for at least 12 to 15 years. There hasn't been anything discussed in this record, other than discussions as to the necessity of keeping a particular business or a number of businesses in the community. The fact of the matter is, Mr. Plummer, you indicated earlier that you were very concerned with the compatibility of this zoning matter. 17 Atty. Aronovitz: COJTINUED - the fact is this not compatible in of- form to allow this Zoning along the northern strip of 23rd Street is going to keep or to allow warehouses, other industrial developments which will abut residential development. There will be a 10 ft. setbackirear setback;from wa "rehouse) f ron a :'.eat Parking Plant, to a person who's been a long time resident of the City of Miami. I. would point out that you have just passed and agreed to spend $25(1,000 to landscape, to improve the pavement and the sidewalks and the gutters along N.W. 23rd Street. I'm sure that you didn't have in mind at the time the fact that you were going to spend $250,000 for landscaping for an industrial zone. The fact of the matter is the intention of the Planning Department at that time and when they presented... when that $250,000 matter was presented to the Commission. It was clear that that was for landscaping to act as a buffer for the existing residential area on the north to buffer against the industrial area on the south. For the record, I would point out that the report that I made mention of was the report of the Planning Department dated May 30, 1978. The conclusions are clear that there is ample property which is already zoned within the area for industrial use. It further states that the ;Miami Comprehensive Ncighborhood Plan states that there is enough industrial property to last for at least 12 to 15 years. sir. La Casa,no one speaking on behalf of the praposal to expand the industrial zoning.. can establish the fact that there is indeed a need. The only thing that will happen will be that, like a cancer, this will grew and Allapattah as a residential community will no longer e::i r•t i S years from now if this is allowed to occur nothing but industrial gro' h will occur north of N.W. 23rd Street. We will further state that this is going to have a Negative impact on the residents, these long time residents of the community. I'rn sure you're familiar with the area. You're talking about churches) there's schools right along N.W. 23rd Street, there's public housing)and what are we going to create there:" Is this going to create a slump right along that arca. To allow industrial development is totally incorrect in this area? I know uniformly Mr. Plummer, Mr. Ferre, Mr. Gibson, all along you have voted against spot zoning. This is nothing more than spot zoning. There is no way that this can be rationalized as anything other than spot zoning. There is too need rit this time. The Planning Department has reviewed this matter. They hat_ submitted plans, they have submitted studies. It is clear that they feel bated upon the cold hard facts as submitted in the report that there is no need at this time. I would like to call a Mr. Whipple very briefiy...we11, I'll go on and wait for Mr. Whipple to come back. ... Mr. Whippletvery briefly if you would, what is your position with the City of Miami) for the record please? Mr. Whipple: I believe Mr. Mayor, that I read the conclusions of the department' into the record at the l,eginning of this hearing. Mayor Ferre: This is not a court of law. Atty. Aronovitz: Well, Mr. Mayor in conclusioniI would just state this. It is very clear that there is no need that has been established. What will occur is that from the report from the statements that have been made by the professional in the Planning Department of the City of Miami they will have an adverse effect upon a long standing residential community. I would hope that you would consider the fact thit there are over 2,500 residents that will be adversely affected and that's a conservative figure. We're talking about increased traffic, noise, pollution, fames, everything, that goes along with warehouses, meat packing plants and industrial development. It is clear that there is not a need at this time,., and we're not talking about an area that's cart in Crome Avenue, where you're talking about rezoning farm land or something like that. We're talking about Allapattah, a long standing residential area, an area that is not proper for commercial zoning and we would respectfully submit that you should reconsider this and at this time deny this application. Do not allow commercial industrial development north of N.W. 23rd Street. Mayor Ferre: Alright, the next speaker is Mrs. Edythe Adley, please. Mrs, Adley: Mayor Ferre, Mrs. Gordon, Mr. Plummer, I am speaking for the residents of Allapattah, a community that was founded about 50 years ago. The residents who have bought their little homes, improved their homes, raised their children and now what will happen to these homes, what will happen to the families that have built houses? I respectfully ask you to reconsider this. Take for instance 36th Street all bare buildings, the same thing on 23rd Street. We're becoming a ghetto. I would respectfully ask that you reconsider this. 18 S E P 2 E.1978 Mayot Ferre: Alright, the next speaker is Irene Miller. Mrs. Miller? M. Miller: Mayor Ferre, members of the City Commission, as you said my nafne I won't have to repeat it, but I'm a 50-year resident north of 23rd Street and I have known many of ones in the City Commission that have come up when they were young ones selling papers I don't know, I've known Mt, Plummer and a few more around. Floyd, you just name them, they've all growti up in Allapattah area and why will you not reconsider ? Remember what your own Planning Board said to you. It is a lot of loss that would be to the elderly ones that we can't move. We've been there too long. We do not want to see it (NOT SPEAKING INTO THE MICROPHONE) all the way around the track there's vacant space ready for commercial use . Thank you. Mayor Ferre: Thank you Mrs. Miller. Mrs. Jessie Dorsey. Mrs, Dorsey? Mrs. Dorsey: You can tell how old I an because I can't walk I'd like to address myself to Mr. Plummer. Mr, Plummer: You've got to do it on the record. Mrs. Dorsey: I wrote to you to try to appeal to you to help us.M Mr. Plummer: Put your name and address on the record. Mrs. Dorsey: I'm Janet Dorsey, 23rd Street, the prettiest home in Miami. I've lived there since 1940 and I had a birthday the other day. I'm 89 and I'm just too old to upset and be worried to death. You know, the saying is that wise men change their minds but fools never do. So won't you help us to straighten this out and leave our homes as they are, please do, I'll appreciate it. Mayor Ferre: Alright, thank you very much Mrs. Dorsey, and God Bless You. 89 years old, she's amazing. Alright, Thomas Thompson. Mr. Thompson? Mr. Thompson: Thomas Thompson, 2550 N.W. 23rd Avenue. This is about the third time I've been up here and I'm like the rest of the people I hope you will listen to our plea, and I've got a little first hand information on this as to what it will do when it changes from residential to commercial. As I said in one of the other meetings, I own some property in the area south of 23rd Street, and anybody can stack anything outside of their building that they want to regardless of what it is all they've got to say is it is their equipment and that's where they store it. Regardless of how it looks next door and if anyone that lives in that area wants to see what their backyard is going to look like just take a look at the corner of the railroad track in 19th Avenue. See what a junk heap that is right there and we are the residents north of 23rd Street do not want that to happen. And, as it's been said before I don't see how you can go against your, the Planning Board after their comprehensive and costly study. Also, with the extra traffic up and down 23rd Street we have the two housing areas, low-income housing areas there which have a lot of children in there. It will be a danger to them plus them going to school. And, that's about all I can have to say. There's a lot of other things I was thinking about but that's it for right now and I hope you consider the turning down of the... Mayor Ferre: Alright, Mr. Thompson, thank you. The next speaker is Pat Keller. Ms. Keller: Good evening. I'm Pat Keller, 1437 N.W. 13th Terrace. I'd like three things as a matter of record, public record, if I may. I want you to know that Durham Park Community Association is opposed to this, the Allapattah Community Association, did I mention I was President was opposed to this. Mr. Fred Flipps Exotic Gardens wants it a matter of public record that he too is opposed to this. Never have I seen such an outpouring. I want to remind you that I have seen there are protest rallies, but since that time the outpouring of contributions and support that that we have received from this community... itihas amazed me. All has been said about this and I'm not going over it. We don't need anymore repeats. The important thing is that you're aware of the very seriousness of your decision tonight. You have in your hands the ability to disrupt the entire community of Allapattah. The Black man who finally has found a home in Allapattah, who as you know fled Good Bread Alley and was chased out of Good Bread Alley by the expressway. The Latin who fledthe tyranny of Castroyis he going to find the new tyranny of commercialism? Is he going to find a new tyranny of trucks in the name of God running over his children? You look at those trucks that come out of Northwestern Meat and see if.you'd like have your children on the same side of the street as Northwestern Meats'trucksland this isn't to put down the fact that we SEP 281978 have a trucking industry but I sure don't want it near the school of my youngsters go... the white American whose tap Roots are in Allapattah, 1 think that I'd like to have Mrs. Dorsey, sitting right in front of you, she's one of the one of the ones I'm talking about whose blood, sweat and tears are here and she's not about to... she's not capable of picking up and moving out. Your go commercialism will just about kill her and the rest of us here in Allapattah. If I were you I couldn't live with my conscience if I voted for this cornnerialism. Thank you for listening to me. Mayor ?ertre: Alright, that was the last speaker that I have on record here. Is there anybody else at this point? Alright, if not, Counselor I'm going to recognize you. I'm going to recognize him and then you can rebate or debate or whatever you want to do and then we'll bring it to a vote I hope, okay? Mr. La Casa: Okay. Mayor Ferro: So I'll give •r•: the opportunity. Mr. La Casa: In review of the statements, Mr. Mayor, members of the Commission, made b Mr. Aronovitz and the other ladies and gentlemen that spoke on the issue I'd like to mention first in regard to the outpouring and the question of the residents' support) that we do recognize the fact that there are residents of the area who are in opposition to this application. On the other hand/I s'ibmit to you that the great majority of the residents of the area are in favor of the application including the Chairman and the Community Development Task Force of Allapattah. It's significant to know that the Chairman of the Community Development Task 'Force of Allapattah, who is the elected official of the area with responsibility for the development of the area and especially to oversee on behalf of the community. the Community Development Program and it's implementation is completely in favor of this application. As far as the disruption of the ncighborheo, r•_cz,ust_ the north side of the 23rd Street is rezoned I have to disagree the stat r.:ent since the trucks to which Mrs. Keller refers are already there and .e do recognize the fact that the residents who live on the north side of the street live there on hazardous conditions, but these are not being result of our ap piicaticn for rezoning. This is the reso1 t of the poor planning that hes created this incredible duality of a street as narrow)without the medium as 23rd Street East with a low density residential zone across the street. Mr. Aronovitz mentioned stop zoning, quite frankly I do not believe that this is an example of spot zoning, the concept of spot zoning is far remote from this concept. And finally, I would like to insist in the fact that the City of Miami, in areas, in streets,where the appropriate planning exists)do not have this kind of situation where we do have one side of the street C-5 and the other side of the street R-3. I submit to you the City of Miami Atlas, which is an official document of the City,and the multiple examples that we do fiavc here of which this particular one is an exception. As far as the other considerationstwe insist that Allapattah)being as it is one of the poorest sections of the City of Miami, needs this industrial expansion because this implies -and I realize that this is not basically a zoning consideration but nevertheless i have to mention the fact that what these people do need there is the possibility to make a living in their area without having to migrate, not only to other areas of the City but,what is worse, to other areas of Dade County which is a question that has been raised several times during this and other zoning discussions. Thank you very much. Mr. Aronovitz: Mr. Mayor, 1 am sure members of the Commission recognize the fact that this is a heated matter and of course, the residents in no way wanted to raise anything that was objectionable to you, they just feel from their hearts that this is truly going to adversely affect their neighborhoods. The Comprehensive Zoning Ordinance adopted by this Commission in 1961 was created to set a plan for the residents of the City of Miami to allow this zoning would be totally contrary to the intent, to the design of the Comprehensive Zoning Ordinance. I honestly submit to youtwhy do you have a Planning Department? Why do you have a Comprehensive Zoning Ord.inancetif you a11ew a commercial strip in an area like this? It is clear, and for the rccLrd 1 would state it againtthat the Planning Department in their study has stated that there is no need for further industrial development north of N.W. 23rd Street. I'm not going to harp on it any further other than to say people and businessmen are not banging down the doors wanting to have commercial property north of N.W. 23rd Street there just is not a need and the study clearly reflects this. I would conclude by stating that there is no change in the character that would substantiate the change in zoning. The fact of the matter is an old residential area in the City of Miami, an area with true character5is going to 6e deteriorated because of industrial development if you allow this to take place. We respectfully request that you consider this and change your mind SEP 2 E 1978 this evening. Mayot Ferre: Alright, thank you. What is the will of the Commission? Mrs, Gordon: *feu have sole rite for questions? Time fot questions? Mayor Fette: Sure. Ms, Keller: Mt. Hayot if I could speak into the record. Mayor Ferro: Go ahead Ms. Keller. Ms, Keller: I want it duly recorded that the Citizen Planning Advisory Board, as you know, is also opposed to this rezoning. Also, I respectfully would dispute Mr. La Casa. I'm on the Task Force for Community Development. This rezoning issue was not voted upon at any Task Force meeting. I, as a C.D. Task Force individual, of course, have been opposed to this. Thank you. Mr. La Casa: Mr. Mayor, I wasn't going to present any witness but since Mb. Keller claims the question of Community Development, I have here Mr. Orlando Urra who is the Chairman of the Community Development Task Force of Allapattah and I would like to hear his recommendation. Mr. Urra, what is the position of the Community Development Task Force? Mayor Ferre: No, no, wait a minute, let's make sure we understand. She didn't claim that Mr. Urra may or may not have an opinion but she says that it wasn't voted upon by the Community Task Force, I mean I just want to be fair clarifying this thing for the record. Alright, anything else? Mrs. Gordon: Let me ask a question. Mr. Urra, question to you, Chairman of the Task Force, did you hold a meeting of the participants of the Task Force this matter to them, ask them to take a position on this matter? Mr. Urra: No. Mrs. Gordon: Then, in essence you are not speaking, I believe in my opinion as Chairman of a Task Force but speaking as an individual because if you are representing yourself in the capacity of the Chairman then you would have to be speaking for this body that you're chairing, which you're not, so therefore you are, you know... it is a testimony as an individual. Mr. La Casa, I would like to ask you I know you're an attorney and you having training in that field. Have you also special training in Planning, do you have a degree in Planning? Mr. La Casa: Mrs. Gordon, as an attorney and as you know, I have represented several clients before thin Commission and before the Zoning Board. This has taken me several, quite a few quite frankly days, nights, and hours of deep study of zoning patterns, not only in the City of Miami but also in the whole Dade County arealin other cities of the United States. I have studied conscientiously zoning all over the country in these particular type of situations. And, if you allow me to elaborate this is one,quite frankly case that from a Strictly zoning standpoint of view seems to me more clear of all those that I have disposed here about the way that it should go. Mrs. Gordon: I was just trying to find your credential for overriding a professional staff that has made a deep study of this problem and has also completed in the not too distance past,a comprehensive plan which included Allapattah for future changing possibilities of changing neighborhoods and changing zoning patterns. I would also, now, that we've covered the point that you are not a professional planner you are an attorney with experience in dealing with certain cases,that is your credentials pertaining to planning. Mr. La Casa: Yes, ma'am. Mrs. Gordon: Okay, but you don't consider yourself as qualified I would have to assume in planning as a professional planner. Mr. La Casa: Mrs. Gordon, I am an attorney specializing in this fieldlthat's all I can say about my credentials. Mrs. Gordon: Okay, you've clarified my point. The second question for you, I know you represent Northwestern Meats and that they are presently located on the south side of 23rd Street and originally you came to the Commission with a request to change a specific parcel of land on the north side abutting or facing the parcel they own on the south, is that correct? 21 SEP 2 81978 Mts. Gordon: Okay, as a result of that orginial application, howevei•j since there it was some reluctance on the part of a number of Commissionets on changing that niece of prol.erty. the proposition 'grew,' am T correct? Mt, La Casa: You are. Mrs. Gordon: }low many clients beside the north side of 23rd Street? Mr. La Casa: Just one, Northwestern Meats. Mrs. Gordon: Just Northwestern Meats, then truly your true concern is not in the entire strip of land but you're really concerned with is obtaining the piece of zoning for your client. Mr. La Casa: N. Let me ttil you that besides being an attorney fepresenting in this particular case Nottnw stern Meats, I am a resident of the City of Miamios you quite well know i. am deeply involved in Community Development considerations and I can see the beneficial effect that for the whole city and specifically for this area this type of a rezoning will have. Consequently, not only as an attorney but also.as a member of this community 1 don't think that this is a valid situation. Mrs. Gordon: Well, I understand, at the point you're at now you need to defend your position so naturally you have to say what you're saying now) I'm not disputing that. M. ::ecd to ask you the question was related only to the extent of your clientele and to the extent of your clientele's interest in the north side' of 23rd Street. Next question that I would you to answer to meat one point and time in the testimony we had frog you sometime back when ... well, you've been with us quite a few times can this issoo, 1'rn getting used to seeing you here, in fact, I. almost wondered :_'. c;er.—e Even going to go through the mechanisms again of what we're doiron. but at any rate let me ask you if your client Northwestern Meat who has 'a plant. on. the south side, correct? Mr. La Casa: Uh ha Mrs. Gordon: Do they awn, env other land on the south side of 23rd Street? Mr. La Casa: On the other side of 23rd Street, I think that the most qualified person to answer that would be ir. Nunez who is the proprietor of Northwestern Meats , 1 am not... Mrs. Gordon: Well, he's the client. Mr. La Casa:...I am not familiar with his holdings) Mrs. Gordon. Mrs. Gordon: Would you ask him? INAUDIBLE COMMENTS. Mr. Nunez , you, own Northwestern Meats and that is located on the south side of 23rd Street, correct? Mr. Nunez: That's correct.. Mrs, Gordon: You also own other land on 23rd Street on the south side which is the side that abuts the railroad': Mr. Nunez: Yes, we do. Mrs. Gordon: Okay. Since when you once came before you said that you must have this property rezoned 1,ccaus,if you did not,you'll have to move to the Palmetto Expressway because you didn't have any other property and you couldn't buy any other propertylit was not available. You at that time owned the property that you have besides the plant , isn't tnat true? Mr. Nunez: 1 explained in the last meeting here that we own that piece of property for anot}u:r proje,:t rhat Northwestern Meats has and that has nothing to do with extension that we had planned in this case. Mrs. Cordon: No, that's true toolwhat you said last time is what you're saying now, but that is not what retry question is. My question to you Mr. Nunez, simply is to find out the facts, and the fact is that at one point you stated to this Commission that you could not acquire any other land and there was no other land 22 S E P 2 t 1978 available for your plant to expand but you did not disclose to us at that time that you alteady owned other land undeveloped on the south side is that cottec t ? Mt, Nunez: Nobody asked me about that. Mrs. Gordon: But you knew it, even though nobody asked you, you were present and you're the one that said, at least you confirmed the fact when someone else said it perhaps, that there was no other land available and you had to have this rezoned so that you could expand your operation, okay ? Is that t rue? Mr. Nunez: It's true in one matter. The matter is that it's no way that we can split industry two blocks away because it's not possible to handle it or to do it in that way. We are not ... if we don't have the rezoning I state again that we are not going to be able to continue operating in the place because we cannot split our plant two blocks away it's not possible to do it in a business way and economical way. Mrs. Gordon: Okay. You are primarily interested in your property that you own. You are not really interested in breaking down the whole thing from 17th to 27th are you? I'm talking to Mr. Nunez, Mr. La Casa. Mr. Nunez: I state in my last time to this Commission that I have been analyzing myself that we are not doine anv harm to anv of the neiehbors, to any of the Allapattah residents at this time if we build a new plant in front where we are right now because we have a decent business. We have a very clean business. We have not been having any complaints about the operation of Northwestern Meats because we feel that we are not going to do anything different than we are doing now because we have any other plant in front of where we are right now. Mrs. Gordon: You didn't answer what I'm trying to get to. I'm going to try to say it in a way that you will follow what I'm trying to say. What has happened in my opinion is a disaster, redly. It is a tremendous calamity to a tremendous number of people whose ages) as you can see ought to be considered in your own mind when you ask for what you ask, ok. Alright, you're asking because you have a business concern and you're particularly interested in your own concern, ok, But why would you be a participant... I know you have this attorney hired to accomplish something for you, ok...but why would you be interested in destroying a whole neighborhood from 17th to 27th? I can't understand that. I can only understand why you want what you want but not why you want to destroy the rest of the area. Mr. La Casa: Mrs. Gordon, I would like to say something now. I think that we are losing perspective here in the sense that what we are discussing tonight it's not the application of Northwestern Meat . What we are discussing here tonight is the request by the City Commission to consider a rezoning of the whole strip from,I understand)is that 17th Avenue up to 25th on N.W. 23rd Street. We are not discussing here the application of Northwestern Meat which by a technicality has been previously defeated. We are not discussing here the motives of Mr. Nunez in relationship to this or the plans of Northwestern Meats. We are simply discussing the question of a rezoning of a street based on the request of the City Commission. Mrs. Gordon: Mr. La Casa, I know what you're saying. Ladies and gentlemen, I'd appreciate if you'll just let us conduct the hearing. We don't need any applause from either side. We don't need any applause, we're just trying to get to the basis of the facts. ... Mayor Ferre: Well, I... Mrs. Gordon: ... and to find out specifically how we can resolve problem without injuring anyone. Mayor Ferre: Rose, okay. Mrs. Gordon: Okay. a very serious Mayor Ferre: Now, ladies and gentlemen. Now, it's impo rtant,Rose,that we try to be fair so if that's true on one side it's got to be true oe both sides, SEP 281978 you heard me say that. Mayn't Ferre: So let's see if We can keep the emotions out of this as much as' passible. Now, I'M not going to get upset if you can't control yourselves. If you've got to applause then I'll understand. but if you can control your emotions I would be very grateful. Okay. Mrs. Gordon: `tr. La Casa? again do you believe that if you were not here represent- ing this particular client, if -ou weren't particular well known and acquainted in the community as you arelthat this application would be even considered by this Commission as being a worthy application in spite of the Planning Depart= ment recommendations and the Planning Board's recommendation. Mr. La Casa: Mrs. Gordon, I can assure you that there are some other attorneys in this community from whom, incidentally, I have learned quite a bit just by sitting here and listening to their presentations that I am sure could have done a much butter i_b twr the one i. have done and probably would have even, even obtained yosr vote -which I have not been able to do. Mrs. Gordon: Not on rhis application La Casa. La Casa,to obtain my vote you'll have to b: ►; - .legitimate apFlic.ation. This is an illegitimate one. Mayor Ferro: Alr..i ask or say or... Mrs. Gordan Mayor Pests: Alright, c;i Yes, Ma'am. Come right of this Commission at this time? our name, Ms. Jamisson: Michelle JaMi,S.3on. 1 '1 vant to address Commissioner Plummer, but for everybody because 1. knoWhe the first one that made the motion to, accept the: ;'nninp, change. r +v;, fir. 1`iurn:per, you said one of your arguments was that 17th Avenue is_a r;,ady co::t tcial on both sides of the street. What does that moon 1^c tau;-,_- and another isn't:, they're entirely different. The resj'',r"nti.al area and th whole setup in the area from 17th Avenue back towards 12th?in the rear is the other way. I wish you would come over and drive through our section and see what we have there. We have a nice community. It's even more beautiful than it was 10 years ago, 15 years ago. We're a melting pots we. have all the ethnic groups there and we get along swell. Now, you said that if ... it would be better to have two businesses facing each other and have that as a i:n for zone. We feel that the railroad track and that side which is a vary small area between the railroad track and the curve, you know that. You can't have a very big business in there. I don't care what it is. Alri'ht, that's a buffer zone and it goes all the way to 20th Street and it goes all the way from 17th Avenue to 27th Avenue. We have 60% of it not even a being used. The people that live in there their houses, did you know they're paying a commercial tax rate on their home which is higher than what they have to pay. lUese people are going to have their taxes raised that live there, that choose to stay there. Another thing they can't do one thing to that house if it falls down Mrs, Gordon: That's right:. Ms„ Jamisson: ... unless they, have a permit, if they need a roof on their house they can't do it unless that house... that house is going to be used for commercial use, any new use of that property it has to have a permit, they cannot use it for residential. It has to be done in a commercial for a business zone. Now, these people are concerned about that.. That's what makes the property deteriorate nobody wants to fight. nobody to rent .it.your renters are people that don't care and it gets run down; and you said that you would rather look across the street ... you wouldn't :giant to look across the street at the front of a business. Well, the front of these businesses are nice looking, Graybar and those places have beautiful walls And they have vines, they are well decorated. Now we' re getting the street fixed t)ut the truck is not for the people it seems. I would rather look at thi! front of a nice business that's well buffered and well protected and it's none of it's that's very bad. None of it is bad. It looks nice on that Side of the street, What about... how would you like to look at the back end of it? There's houses back there too, do you understand that? At the back of it there's houses and everyone of those, each one becomes a little rat nest and then it moves out and another one is the cancer that spreads. Along with it if that's zoned and that... you call that a truck there do you know we get trucks coming through from Graybar on 24th Court that comes through to 28th Street. We would have more crossed over to 28th Street and I think a child living in that area is me -re in danger of Seine: hit by a car than one on a busy street if his e • SEP 2P1978 patents teach him that is a busy street, you understand what I mean? Mt. 'lumber: I understand. Ms. Jamisson: Alright, when you start that from 23rd Street to 36th Street that's our little area you know that and it is nice and we're proud of it and we want to keep it, but when you begin to get your commercial business of course, I don't think it's going to start now, that's the whole thing we've got 60% of it just south of that laying there idle begging for somebody to do something with it so it's going to be categoried that way and yet these people are going to be caught with that in their investments, in their reselling, and in their keeping up their property. Why rush into it? Wait 12 or 15 years then we'll see what happens if they need it then, they don't need it now. One man business is all that's concerned with this, just one man and we know it. I don't care how you lay it out we know it. If ... it's just not an area that's conducted to having that much more going through it. 20th Street is right there just a few blocks away and that's all business through there but when you have 60% of it layinti right there in this man'sback door and it's not being used there's no reason to think this would be used either but it's still in the meantime for the next 10 years going to affect these people's property and their homes. So that's it. I lust wanted to say that before you made that first motion. You grew up out near there too. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Alright, ladies and gentlemen. I think at this point everybody, has spoken ... Mrs. Gordon: Mr. La Casa would you shot: us on the map which block Mr. owns'opposite his plant? Mayor Ferre: Well, Mr. Davis will do that. Mrs. Gordon: Will somebody show it to us? Mayor Ferre: Now, if you get your body out the way we can see it. Mrs. Gordon: Isn't that the HUD .... where is the H.U.D. property? that R-4 the H.U.D. property? No. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: Mr. Mayor, while they're trying to find the needle in the hay stack let me just clear the record, I don't know why some people think I grew up in Allapattah. I was always a product of 12th and Flagler, far removed from Allapattah, lived only two places in my life 12th & Flagler and where I'm presently living in Coconut Grove. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Whipple: The pointer is pointing to the three lots that were in question with Northwestern Meats which is on the north west corner of 21st Avenue and 23rd Street. Mr. Mayor, for the record if I may, I'd like the Commission to understand that we went through a very lengthy presentation at the first reading. Our short presentation this evening was not to disregard our previous feelings on that. We would like to have those stand. We have not changed our opinion. We would like to add one other comment if we may. Mayor Ferre: If you do it quickly, yes. Mr. Whipple: As has been notedlwe have only had one property owner within the urea that the Commission suggested be rezoned appearing before this Commission on behalf of rezoning. We suggest to you that perhaps,in this light,it is not a proper rezoning and I will admit likewise we have had none opposed but there's only been one property owner within the area that has certified and requested or concurred with the proposed rezoning. Mrs. Gordon: Mr. Whipple, I would like to address a question to you. I know how you think along zoning lines and I concur with you on great many instances, but since you recognize what the situation is before us tonight and the scope of it)in your capacity as a professional planner, what would be worse from your standpoint, a piece of spot zoning or an entire area rezoned? Mr. Whipple: That's like asking which is worse, worse or worse. Z5 SEP 2P 1978 Mrs, Gordon: I know that but I'rc, asking it because it is a necessity to askthat question. Mr. Whipple! In that context I would sad the whole rezoning is worfie than the spot zoning of which the Department also does not concur. Mts. Gordon: l understand but it. gent lenan that wants to speak. ( BACKGROUND COMMENTS MADE OFF THE Pt!BLIX RECORD) Mr, Whipple: Ni. I said there is nobody that 'G been before this Commission in my opinion that has supported the change of zoning on the north side of 23rd Street as a property owner. Mayor Ferro: Okay, you understand. Mrs. Gordon: Can I ask how ',any people here who are opposed to this live on the north side of 23rd `3trect? You actually live there? My goodness, Well, I have to believ: that it 1.ci1d be a much better, a less disastrous situation if a block instead cat a whale area ,,:as changed. Mr. La Casa, I'm not making any motion I'm just Makin, questiona. Mr. La Casa, would you concur with what Mr.' Whipple said that the lock, well, T can't say you would concur with him because he was Saying the warat> was tiro evils but. would you €0.1 wouldn't vnit walk away from here in a better... with a satisfied frame of mind if just one block and not the whole area were to be changed? Mr. La Casa: Mrs. Gorden, 1 have stated before that this is not a discussion on the application of Nortawcscc:r, Meats. This is a discussion on the whole street We arc intore2sted for trii.:: het:3U30 we happen to be there but we do feel that thy whole} sr rc 'ci 7x. d be rezoned, as I said before, not only as an attorney but as a resident of tl.r City,, I do believe that this is the best for this particular ar,:a and for the City. I do believe that this is a unique situation. I Lit I:lieve t;I<.t to tc7rstinue sustaining this situation is putting in jeopardy the whole neihhorhoori. I happen to disagree with Mr. Whipple. Mayor Ferre: Alright, well, look we're just going into circles so let's bring this thing to a head one way or the other. Mrs. Gordon: I want to roiterute I've been on this Commission for 7 years. I was on the Planning & Zoning; Board for 7 years. I have rarely found... I have never found an application where the Planning Department and the Planning Board were as much in opposition as this one and that the applicant,such as yourself Mr. La Casa, was able to convince the City Commission with as much firmness as you have, so 1 much say you must be some fancy attorney. Mayor Ferret Alright, further discussion. Alright, is there a motion? Mr. Plummer: Mr. Mayor, I guess all eyes earlier in the evening were on me. The lady made a statement which says, as I recall the statement,that a wise man may change his mind when a fool never does, and I concur with that statement. I came to this meeting this evening with an open mind as I did the previous hearing. Mr. Mayor, to me a wise man would change his mind if he felt that there was sufficient reason to do such and without it he would be a fool in my estimation. 1 have listened very intently and, truthfully, I have not heard any- thing new this evening that I did not hear at a previous meeting and, for the record, the only place that 1 will be redundant is in the fact that when this application came before this Commission, in my eyes as spot zoning,I voted against it and 1 would continuo to do such and if this application were to come this evening for one block only 1 would vote against it because in fact in my eyes that would he spot zoning. Mr. Mayor, I would just like to make a few other comments because some of the people were not here and I know that in no comment Oat I could make would al -Tease their minds but I feel for the record that I should just make a coupla of comments. Number one, as 1 said before,this zoning application is not hasod upon ne d,in my estimation this is based and predicated my previous yule upon Ct'li;p;it. iai lit:;.l cannot envision for one moment that I would want to livc nit a Strecel. whore I were as constantly having to get up and look across the street and see what exists there presently. There's a lot of difference between being face- to -face and back-to-back. The second point I would like to make is that in my estimation using the map you could in fact, even though I'm not saying that this in itself is spot zoning in reverse,if you look to the east Of 17th Avenue that is what presently exists. If you looked to the west of 25th Avenue that is what exist: already. Most, I'In not going to say all, but most all of the streets that I kn,w of have compatible zoning on both sides, main arterials 26 SEP 281978 II1I uui i IIII II iiimIIIIIU ME 1 1 1ME Flaglet Street has compatible zoning on both sides. 36th Street compatible on both sides. It, to me,is what we would try to encourage. Like I say, I'm not going to go on and on as I did before. I don't think it is necessary, very simply this is a second hearing. I have not heard this evening anything different than I had heard on my previous vote and Mr. Mayor, I would vote that this, since this is in reverse, I move that this application be accepted. Mr. Reboso: I second the motion. Mayor Ferre: Alright, on discussion,is there any discussion? Mrs. Gordon? Mts. Gordon: I think I'll save that comment, never mind. Mayor Ferre: Alright, further discussion. Call the roll. ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY CHANGING THE ZONING CLASSIFICATION OF THE NORTH SIDE OF N.W. 23RD STREET GENERALLY TO A DEPTH OF 175', FROM 364.5' NEST OF N.W. 17TH AVENUE TO N.W. 25TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE) AND R-4 (MEDIUM DENSITY MULTIPLE) TO C-5 (LIBERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MPDE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCP.IPTION IN ARTICLE III, SFCTION 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 July 27th, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Vice Mayor Reboso, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson NOES: *Commissioner Rose Gordon Mayor Maurice A. Ferre SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8862. The Assistant 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. ON ROLL CALL: *Mrs. Gordon: I vote no. I consider this political zoning. SEP 2F1978 • 3 31' ; • " FIRST READIf:G ORD1AWE: CLASSIFiCATIO:: N.W. 2nd Avenue FRon R-2 AND C-2 TO PR. Mayor Ferre: Alright, were on item 5 nt this time. Are there any opponents to item 5 (A)? (repeat). Are there any opponents here? Alright, there's an application by the Nanning Dev.urtnent it passed the Advisory Board with a recommendatic,n of 5 to 0, and I assume you're recommending, the Department is recommendin this? Mr. Whipple: Yes, sir. Mayor Ferre: AlriFht, Rev. Gibson: Move., is,thereY,4',,..,M6tIOn -On - , Mayor Ferre: Moved by ,Gitison.!,,, Mr. Rehoso: Sece-;-.d. Mayor Ferre: Seconded by Rebes6.I Call the roll. Mr. Ongie: It's an ordinance. Mayor Fcrre: Read tho,or.dinane-Rjen.4,'intO the record. ASSISTANT CITY ATTORNEY READ THE:ORDINANCE-INTO THE PUBLIC RECORD.' Mayor Ferre: further.4-UscOssin? Call the roll. AN ORDINANCE ENTITLED' '• „ ORIANANCF, AMEN'ANCORDINANCE NO. 6871, THE COMPREHENSIVE 'ZONING ORDINANCEiFOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 7 THROUGH 10 AND 21 THROUGH 25. BLOCK 16, RATLIN7AY SHOPS ADD 2nd AMENDED (3-183), BEING APPROXIMkrELY 5200 N.W. 2ND AVENUE, FROM R-2 (TWO FAMILY ELLING)AND C-2 'COMMENITY COMMERCIAL) TO PR (PUBLIC PARK AND RECREATIONAL rsE DISTRICT), 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 PAR.FS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Conmissioner (Rev.) Gibson and seconded by Vice Mayot-,. Reboso and passed on its first reading by title by the following vote: AYES: Commissioner (Rev.) Theodore R. Gibson Commissoner Rose Gordon Commissioner J. L. Plummer, Jr. rice Mayor Manolo Rcboso Mayor Maurice A. Ferre NOES: None. The Assistant 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. .=!1' = Sri) P 1q7c1 10. PUBLIC HEARIivG AND DEFERRAL OF CONSIDLRATIO:+ TO CHANGE "ZONING, GRANT CONDITIONAL USE, GRANT VARIANCES TO PER:1IT OPERATION OF ":IIAMI ADULT CENTER FOR THE RETARDED 126-123 NE 63 St. Mayor Ferre: Ladies and gentlemen, since Father Gibson must leave I'd like to see if there's any controversial items if we might . Mr. Davis: There's one particularly that you might regard, Mr. Mayor ,and that's item #10. Mayor Ferre: Item E10, are there opponents to item #10? There are opponents to item 010. Alright, how about item !i11? 12? 13? Alright, items 7,809,... alright, so I assume that the only hot item that we've got here tonight is item 10. (BACKGROUND COMMENTS) ... yes, but Father has to leave in a moment. Sir, item 10. Is there anybody else here on any other issue that is controversial or that anybody has very strong feelings on other than 10? Then, let's take 10 out of order so that... Fathtr,how long are you able to stay? Father Gibson: Wel 1 , I'll hear 10. Mayor Ferre: Alright, Father Gibson must leave in about 15 or 20 minutes so I'm going to have to ask if you want a full Commission to vote on this if you move very quickly on it. Alright, sir. of the Commission I'm going to go through Mr. Pilafian: Mr. Mayor and members this as... Mrs. Gordon: Would you talk into the mike because there's so much noise out there? Mr. Ongie: Your name for the record, please. Mr. Pilafian: My name is James Palafian. Mayor Ferre: I think it'll be quiet in just a second now. We you see. Mr. Pilafian: My name is James Pilafian. My address is 200 S.W. 2nd Avenue. I'm the attorney for the Miami Adult Center for the Retarded and I would like bring this matter before you. This is a matter that was approved by your Planning Department but denied by the Zoning Board and at this time I would respectfully like to put on Monsignor Bryon Walsh because he has a very important meeting. Monsignor Walsh: Mr. Mayor, Commissioners, I want to be very brief this concerns the question of whether citizens because of disability,are to be denied a place to live. For too long we have fnl 1 owed the nrac'ti re.. . Mayor Ferre: Monsignor, excuse me. Mr. Grassie, can we get an officer or somebody to go out there and have those people that want to speak to go outside because otherwise we'll never be able to hear what's going on here. I'm sorry Monsignor. Monsignor Walsh: No, that's alright, thank you. For far too long we hav locked up in institutions our mentally retarded. We have segregated dependent children. made them second class citizens, by telling them they couldn't live in districts of ourcities. Fortunately, we live in a more enlightened time, and the purpose of this plea tonight is to allow 6 to 8 retarded citizens to live in a neighborhood close to where they can learn trade and be self-supporting or contribute to their support. We think this is a very good program and I fully support the application to allow the change of zoning from,I believe, C-3 to C-4, that would allow this group home to exist in this area. to EMU MENIMIONEW MEW MEW - Mayor Ferro: Where is th Mt. Davis: I'd like to explain the .ppl.ication a little bit Mr. Mayor: It's in three parts. The first part is a change of zoning of one lot which is shown in yellow on this particular maps Mayor Fcrre I can't sec th Its. Gordon: there the Mayor Ferre: Mr. Davis: That's part. number A, it's a change of zoning of that one lot so that they can expand their operation onto that lot.' They have an existing operation on the property which is to the east of them and I'll show it on a different mar. 'his crap in yellow sht* *Le existing operation together with the added lot to the west, and so ti;c F portion is a petition to use that property on the separate lot fcr the institution and the third part is for variances for the whole thi nf. Mayor Fer.rc: Alrieata Monsignor Walsh: Mayor Ferri : Yes Monsignor Walsh: that 'this `in. ti`tuti.on did- .., this organization they bought this duplex. It is ;a duplexts'vr, this* do not want to use it for anything other than what it was -) cn built and intended for, however, in other words, instead of renting! tt' two families they want to put three to four or five adult embers of t'r s i r . ,i,.clti :.fi th:ir its ... when I say members I mean retarded or semi-ret:i1'dea to ' vc- th .'?e , %r;l to live amongst themselves and learn to live by themselves ua;c 0, ci, no one else but themselves so that this will be like a trainin!.: 1-, h s duplex. It's just this duplex that's all it is. ... right n• ti. }', 'z c :_ i a. . ami:? v in there with 5 or 6 children in each one. ,'u,:, what they r a c'i they want to put. 3 or 4 or 5 young adults in each apart.^Ln: !.;, at tiaeeft r.. Tsc�st it will be between S and 10 young adults living in this duplex. .:i".. , t Gill: thing that We want ... we need R-3 to R-4 zoning is to qualify it as in eleemosynary organization so that they can qualify and be incorporated into the* s t ;ate 'organization that recognize these, if they can recognize R-3 z.cminea they can recognize R-4 zoning, it's a technicality. Now, all they want to do is ehana c it .from R-3 to R-4 and all they want to do is recognize it as a eleamos',r..iry institution. Now, part three of the appeal is redundant for this reason. It says waiver of parking. Well, the parking is already there gentlemen and lady, the barking is already there we don't want anymore parking. We don't need anymore parkin;. First of all, these young adult retarded have no cars cony':ay. We really don't need any parking and so it's all in there and that's all we did. The Planning Board, that is the Planning Department has recommended the approval but for reasons of their own they turned it down. With your permission I: would like to call Fir. Larry Foreman, Executive Director. Mr. Foreman: Mr. :Mayor, Commissioners, with everyone's indulgence I, first of all. ,would like to compliment you on the ordinance that you passed earlier this evening. 1 think you've taken a very progressive step and showing equal rights to a very major portion of this City population. As you know, I am Lawrence Stewart Foreman, the Executive Director. Mrs. Gordon: Mr. Foreman, please clarify which one you're talking about. Mr. Foreman: The one is reference to ... I will insure if I come in front you again that. I'm more specific about the points that I'm addressing. Mrs. Gordon: No, it's just for clarification fc'r the record, what were you talking about? Mr. Foreman: They ordinance in relation to the zoning requirements for the developmentally disabled, which wasa. Mr. Foreman: . produzed b about that I' it continue, Planning Department. Now that I'm embarrassed ed , I'm Lawrence Stewart Foreman, the s-- linER SEP 28197E Executive Director of the Dade Count, Association for Retarded Citizens. located at 8672 Bird Road. As you know, DARC is a voluntary private non- profit organization which has been in existence for 25-years and has over 1,000 members and represents the 30,000 mentally retarded citizens of Dade County. My purpose for being here today is to present information that will help you to insure that you as City Commissioners can tear down the barriers that are preventing the establishment of community residents of facilities such as the one that MACTOWN proposes here this evening. There is not any question that the best way to serve mentally retarded citizens is in small community base group homes as an alternative to large institutions, and again, that's what we have here tonight. Recent federal legislation and important judicial decisionshave reinforced that it is absolutely necessary that communities such as the City of Miami support the establishment of small alternative living facilities. The only thing that has stood in the way of this being a reality is zoning and the zoning restriction, although obtensihly created for maintaining the integrity of the community we now see in a situation where zoning is preventing a large portion of the community from becoming productive residents of that community. The question raised here is a serious question. Are we not in fact infringing upon the rights of retarded citizens denying them from the health, safety, and general welfare that they can receive from this City of Miami?? I am also very concerned about the fact that there has been no documented evidence submitted to anybody that I know of that can substantiate any major negative impact to a community when in fact group homes such as the one MACTOWN is Proposing is established. I hope that we can reverse here tonight to your positive c,ecision any negative attitudes which may exist and overcome the many stereotypes which are preventing retarded citizens from living in the community. Thank you for allowing me to speak. Mayor Ferre: Alright, are there any opponents present at this time? I'll recognize,if I may, the opponents and then I'll give you time to wind up your statement. Alright, sir. Mr. Smith: Mr. Mayor, members of the City Commission. I'm Cyril Smith, a member of the Planning Advisory Board. Mayor Ferre: Mr. Smith, you're here on your personal capacity and not here as a member of a Planning & Zoning Board, is that correct? Mr. Smith: I'm here on my personal capacity but I was also advised to come here by the Planning Advisory Beard. When this issue came before the Zoning Board, one of the members went to the Zoning Board and spoke against it. And, I'm here tonight if we're not supposed to speak as members of the Planning Advisory Board then I'm speaking for myself on the record. I'm very concerned about the proliferation of these institutions in the N.E. section, and not particularly about this particular institution, but the fact that in the N.E. section we're having a proliferation of Drug Abuse Centers, Centers for the Mentally Retarded, and Centers for Pre -Released Detention Centers. These are centers for people who have been released prior to the time their sentences are over. And, it appears to me that the reason that this is occurring is because not so much that these people are not deserving of these opportunities to have the facilities to live in but because the other citizensin the County are refusing to allow them the zoning so that they can locate heretand because of this,you're having all of these facilities moving in to the City of Miami but particularly into the N.E. section and the Planning Department is taking a study at this time and trying to gather an inventory of how many of these facilities have moved into the City of Miami vs. the entire County because many of the people that serve as the population of these facilities are not just citizens of the City of Miami and I feel, again as member of the Planning Advisory Board, because that's where I became aware of all these facilities in the City of Miami. We are concerned that the reason that these institutions are moving in is because apparently the people who are sponsoring them are under the opinion that the City of Miami has an open door policy towards these institutions and that the zoning here is one that you can get variance to in order to put these facilities in the City of Miami, whereas one would not attempt to try to put them in Miami Shores or Coral Gables simply because the neighbors would not allow it. Mrs. Gordon: I have a question,Mr. Smith,for you to clarify. You've used the word, "these institutions" quite frequently and I want to know what you are referring to by "these institutions"? Mr, Smith: I am talking about the whole groups of institutions that you can consider.., S EP 2 E41978 iiiistommommum MM 1 Mr. Smith: when I say that r. rrh 1 iro-:itotions I don't mean that I find them to be under :oor man- 000le de find thcm to be undesirable and this :is Obo.to. io:;,,oi[utioos h.o.-e to move to the N.E. section of Miami betause that1J.f,; the are thht they can c,ot the zoning so that they can move in. It's hot a nro:ess of deciding where the institution should be located. The o1 hoare-,organizing these institutions are going through the process of looking ;:that c„ity within Dade County is going Lo give them the less resistance and that's Where they' -re locating, Rev. Gibson: Alright. Mrs. Gordon: Okay. i Mayor Ferro: Mr. Smith, i would be most grateful since Father Gibson must live in about 5 or 10 minutes,it everybody Would Mr. Smith: That's the end of mY, Presentation. Mayor Ferre: .. — 'tiling to repeat things, and I would be grateful ' (Iklr' "2'1'''' btil'7:1 1 - lin been said already . if those of you who aro to sotol!:, 11. '°tIle" g the dedcol::ItIgrepeat. it because we're going ti..o,),,00se,Father Gibson and he maybevote here one way or the othor, Mr. Davis: 1 wic:!t.o stat.,:. for re:ord .r, Mayor, that the Planning Advisory Board tono o ok ti. tr, :al a,,-tiPn NI, this ,aa, Mayor Forr,„.: The Planning... Mr. Davis: The Planning AdviSory Board took no official action on this Matter. Mayor Ferro: oh, it V:14. tAt: ion1118 card. Mr. Davis: This matter wao heard the Zoning Board and it was denied by the Zoning Board. Mayor Ferre: 1 svc-, oknY,, Mr. Davis: but tho PlanoiotLlopartMent did approve it originally. Mayor Ferre: Yes, I understand, Mrs. Cordon: The questico that 1 to know is how many such accommodations for the retarded porsons are there in the N.E.? Mr. Smith'atestimony was lumping too much togethe: to satisfy me. 1 con understand his concern with institutions per s' but we're dealing with a specific item here and I need to know that this type of accommodation for persooF who are in the rehabilitation stages of their recouperation,and that's what I believe that this is , how many institutions like this are there in the northeast? Mr. Davis: Mr. Reid, who is the Director the Planning Department stated at the last Planning Advisory .boird moetino that his department is in the process or will be shortly in the process of studying this matter to report back to the Board and obviously to tho Commission the number of institutions and not only N.E. Miami but in the other portions of Dade County. Mrs. Gordon: Yes, but arc you also lumping them altogether? Mr. Davis: No ma'am. 1 think his intention is to separate them by... Mrs, Gordon: Different kinds of ... Mayor Ferro: Well, in other words your point is that drug addition has nothing to do with handicaps or... Mr, Davis: l'm Sure that his intent is to separate the uses. Mayor Ferro: Alright. New, can we have the next speaker now, Mr. Teague? Mr, Tcaguc: Mr. Mayor, Commifision-ersO 1 think we have kind of sneaked up on this situation very gently and I'M sorry to have to disagree with Monsignor Bryan Walsh. I don't believe at all that *e5c talking about just one one home and that we're denying a few retarcled,:peCple plac,e to stay. I happen to have retarded relative 32, SEP 2 F, 1978 in my family that I've been trying to provide for and look after . So I know what their problems are, and I agree with them that they should have homes, not institutions and that's what these people are talking about and that's what they're operating. They're not operating a home for the retarded. They're operating an institution and I think we too must remember that there are many other people in this immediate area that are greatly inconvenienced with the activities that go on in this institution because they do not have it under control. If you visit this area and see what's going on. These people have a parking problem. This group is asking for a parking variance, my God they've already got problems galore, the individual residents are attempting to keep people off of their property. They've got homemade signs up - please don't park here. There are many small homes in this area. What about these people? I hear nothing from the other side. I think we need to have a little compassion as far as these people are concerned. If they would give up the institution and say just retain this one duplex for these people I would be all for it, but all they're doing is adding to the problems. We have a terrible overcrowded condition in this immediate area. We have a terrible parking condition in this immediate area. We have at the last meeting. I think you have the minutes here, why they have sex going on in the front yard because they don't have enough room... they're yes... profanity on the streets is greatly overdone because of a lack of control. I can see no reason for this Commission to overturn your Zoning Board's recommend- ation where they unanimously turned this plea down. We have the neighborhood out. Mayor Ferre: Are you a neighbor here? Mr. Teague: Well, my address is 5701 Biscayne Boulevard. I'm not in the immediate area. Someone alluded to the fact that I may have a financial interest. I have no financial interest. I am interested in the retarded and that's what Monsignor Walsh is interested in and that's what these other people tell us they're interested in but if they look at their operation I don't think they're doing it very well, you see, these people sitting on the curb, they're wandering around. They just don't have enough facilities there and here they want to add another one to it and compound the problem. Now, I think this is out of order it's very unfortunate the impact is so great that all we're going to do is what, keep adding to the problem and ... They asked for a postponement at the first, I was not at the first Zoning meeting , they asked for a postponement with the thought the neighbors tell me that they were going to do something to help the neighborhood. They were going to come back and see if they could pacify the neighbors, so when the second meeting comes up in making a survey they did absolutely nothing. I think that they felt _ it would all go by default and nobody would show at the second meeting well at that particulart time the N.E. Improvment Association became interested because of what the previous gentleman said we have a great glut of organizations, Drug Centers, Retarded Centers in the N.E. area. Now, why this has happened I do not know but I guess it was easy to get in, so I would ask that you very seriously consider this and uphold your zoning ... Mayor Ferre: We're going to have to... Thank you Mr. Teague. We're going to have to start using the timer or we're going to be here til 11:00 o'clock. Mr. Davis: Mr. Mayor, I'd like to call... Mayor Ferre: Is there anybody... excuse me. Im going to recognize you ... let's let all the opponents speak and then you can finish and then they can rebut and get out of here. Alright, now is there anybody that needs to speak more than three minutes? You need to speak how many minutes (BACKGROUD COMMENT)... 5 minutes. Anybody needs more than 3 minutes? Alright, then let's put the timer so that everybody is aware of time constraints here and then let's ... and I'll give you 5 minutes. Alright, at this time, Aaron, you want to speak now? Okay, that's fine. Mr. Smith: Mr. Commissioner and Commission members, my name is Ronnie Smith, I live in the immediate area and I'm reperesenting property owners in the section. At the Zoning Board's meeting they denied this passing of this rezoning because it's a commercial zoning and this is a residential section that we are in. Just recently the public notice was put up in the wrong places for the people to see them, the public to see them it was put a block away. We feel that this is one of the things we don't know whose fault it is putting them in the wrong place, this and the other, but that's besides the point. What they're trying to do here is get a facility commercialized in a residential section for housing these people and they're housing them there at their present address on N.E. 1st Place. They have bought a duplex on 63rd Street. They're wanting 15 parking spaces and 33 SEP 2F1978 there is no place they can clue o- tn :;cc a piaygrcund area so they say; not too 1.aree f r i a 4iJ: raw.- reerea_.i ,;l in ana they do not have any facilities at all for vss ak r tcere parking spaces which is what they're trying to gt t here also, and so ct.° ne:gi:bt,rr ail together more or less are trying to get the Commission, awl we were here in front of the Zoning Hoard and we're here now opposing this matter of re ening as far the duplex is concerned, as fat as the parking facilities are concerned because there is no room and at the last Zoning Board meeting: Mr. Scott said he was going to re-route the young adults from one workshop to the other, he has done about 75% of that. Some of them are still coming through the residential sections. He will tell you this I'm sure, and they also said that they were transporting what they are making or whatever it was goods back and forth by truck as late as a week and a half ago they were still doing it partially by the young doing it themselves around my corner where I live. And, just this pnst c cck, 1 myself and another neighbor right next to me witnessed a almost what ;ion call rape, almost, right on N.E. 1st Place a half a block away from this institution. ` I was in the house I heard a girl screaming real loudly and crying. Irun outside and see what it is, and this boy has thrown her down on the ground -eel 1 von c:ut:side, what's going on? And, then when they hear that they l to h it- v)r, 1:<tet on, the girl came back and kindly apologized to me for what encd. In the Zoning Board meeting we also mentioned that they have n r _. tzigh supervision of what goes on down there. So they don't have c_n.t F _1mcr=: is1te)n because they're allrunning around loose and all this pertains improvement A sociat. representing three i that you dery the re. Mr. Manus: nv name school at Miami ' Edison, during my a .. years at between where I have '11 went to sc'L ,c>1, an Association, and I'm ` pea Grace Rockefeller, t«t,ea m..o hospital. Now, we came up and where 1 Department which 1 they take a look at Zoning Board whic the area saw in the i wisdom to by lawyera and ,.,i, t't r f t.l.ea t re for the xotaru d and hearing the o,we the members of the northeast Miami in the immediate area, and I am he immediate vicinity that own property C. Thank you very much. ve in the City of Miami and I went to lac by this property on many occasions ich is located ... this property is located 2onin1* here 14 years ago and that is where I re.esid+ nt. of the: N.E. 'fiami Improvement t niftt., speaking with the... backing up tonight but can't since she's in the laet Zoning Board meeting where this item readinf by your agenda here, the Planning :sonsi."e to the needs of the citizens, they recommend the approval but the individual homeowners and residents of unanimously after hearing all the arguments hat are setting up this Miami Adult Center ,gar, ccmplaints and objections and hearing numerous c.3 ev of Police Reports and' Peli ce being called to the scene and cases of sort of deviance a:a yen might c.raraider them in public areas and bushes and in backyards. There warcanuma.r6 s argument, but it also says here that there were six proponents at the Zoning Board meeting, six objectors, and four objections by mail and I don't think what tials brings out as I believe the majority if not all of the six proponents that were here for people that actually had a interest whether it be financial or in a trust fashion with the Miami Adult Center and we have a problem here which one again this was briefly mentioned earlier in that the people that are runnin;c this Miami Adult Center and the people that are on the trustees once again,, meat lv they do not live in this area. They do not have a house next door, they live in Coral Gables, they live in Miami Shores, they live in Mimi Beach and those people are coming into the Miami area. Now, the Miami Adult Center already has the property and they want to expand their ... right now they have se):rut:hi;:g that's already R-4 and they' re trying to encroach this a little bit further into the residential community and one of the goals of the N.F. Miami Improvement Association is to he store the economic character and dignity of our area and wo don't feel by lowering the zoning and allowing more people and a1lowina these eleemos"nary institutions which we already have a large proportion of not lust centers for the retarded but also Drug Abuse, Alcholism, Runaway children, Pre-•Reic.asaa Pr.: Grans into our area. Now, these eleemosynary institutions ;arc t.alce•ra tiff she tax rolls which we feel also puts an unfair burden on the other residents of the community and there's one other item that was brought out quiet clearly ;at the Zoning ibwird meeting which has been mentioned tonight and that is that on the Board of Directors that the trust or whatever it is exactly that. the Miami Adult Center has one of their members is a gentleman that this Co:r:tois:;ion is i'r+ b ly familiar- with and that's a gentleman named Melvin Shafer, who is hero appearing to be uver1y concerned with the care and treatment of children and the r'r.arde d tiie mentally disabled,people on this line, but Mr. Shafer was convicted of Slowing child pornography at his motel which was approximately a mile .away from this location on Biscayne Boulevard. He ran a place 34 S E P 21 1978 with 4dult Movies, Waterbeds and it was known for long time, a year or two years to have continuous police problems with allowing prostitutes to work in and out of his motel. He no longer has that. Mrs. Gordon: Who are you talking about? Mr. Manus: Melvin Shafer is one of the Directors or Trustees or something with your Miami Adult Center. This was brought out quiet clearly the Zoning Board meeting. You named him yourself I believe. No I didn't. No, no... Mr. Manus: You never heard of Melvin Shafer? He's a past member of the Board of Trustees from years ago: And, I .. Mr. Manus: At the time of the Zoning Board meeting he was a member at that time. It's possible that he is no longer affiliated since this was brought out at the Zoning Board meeting, but when this application was originally made and when this was denied by the Zoning Board this Melvin Shaffer, who has this poor reputation in the area and has shown to have little respect for the things that we consider to be decent or r•:espectable was one of the trustees I believe is the exact term of the Miami Adult Center . So we, myself and other people living in this area and other members of the N.E. Miami Improvement Association ask that you reject this application for a change of zoning and not allow this eleemosynary institution to be established here. Thank you. Mayor Ferre: Alright, does anybody else want to speak as opponents? Mr. Plummer: I'm going to tell you Grassie I'm going to send you a bill for those pills. The last two days in this blasted place it's been worst than a morgue. That damn air conditioner is cold. We're all coming down with colds. Mayor Ferre: No, that's got nothing to do with it. Mr. Plummer: Excuse me. I don't know, you know I agree with you.... Mayor Ferre: Let's get on with the meeting. (COMMISSIONER (REV.) GIBSON LEFT AT 9:20 P.M.) Mr. Beam: My name is Woodrow Beam. I live at 6301 N.E. 1st Place. Mr. Ongie: What was your last name? Your last name, sir? Mr. Beam: B E A M. Now, they're talking about running that place up there, additional people in it, they can't take care of what they've got there. They bringing them in there even in buses just turn them loose and they're up and down the streets every place. And, I witnessesed this girl that like to got raved a while back. So I think you've got all the minutes down pretty close to know what's going on. Mayor Ferre: Yes. Mr. Beam: This is no good and it shouldn't be there to start with, instead o putting any additional stuff on it. Mayor Ferre: Alright. Mr. Beam: It's terrible to live in that neighborhood with them there. Mayor Ferre: Anybody else? The floor is all yours. Mr. Davis: Mr. Mayor, I'd like to call... thank you very much. I'd like to call Mr, Gordon Scott, the Executive Director of the Miami Adult Center for the Retarded. Mr. Scott: Mr. Mayor, members of the Commission. We've brought some knowledgeable people here tonight and I want them to be very brief. We have a representative, three representatives that have been to our facility. A lot of these people that I see in our opposition except several of the neighbors I've never seen them before. In terms of the rape, the supposed rape we have no police report. We have had no police reports and we've had no complaints from the community. As far as Mr. Shafer is concerned it has no bearing on this type of a decision tonight. The facility that we would like to get changed from R-3 to R-4 we approached the Commission in 1972 with a concept of MACTOWN and the Commission changed all that zoning from 35 C-3 to R-4.I have ri:x slirlcs of thaa piece of property. It is contiguous and abuts the MACTOWN residtnti:il facility. a parking lot, and a workshop that's on the south side. There's an empty beat -up apartment on the right side of the :street on the north aide and the recreation and a very attract- ive parr: 4,r the east side. t hnve 49 staff for our. facilities. We are nationally certified by the Commission on the accreditation of facilities, I have the Director of the Retardation Office. I have a representative of HUD and 1 have one other representative 1 would like to speak for about two minutes each hec aus , think i imrorrtan't to shed some light on what we're atter..; tine, to do here toriiaht ahich is very important to the overall operation. We are only seeking to change 'a duplex which we purchased two years ago from R-3 to R-4 zoning so that we can place b to 8 young adults who are competent who are high level. who have jobs in the cort:nunity and I wish you would give me the opportunity very briefly for two minutes, I would like to present Mr. jay Kassik who is a Director of the State Diaision of Retardation. Mr. Kassik: Mr. Mayor and mcmber-s of the aomxnission. My name is Jay Kassik. I represent the State of Floap tment of Health and Rehabilitative Services Retardation Program Of' iee. I had prepared originally some comments but based on what I've heard I'd like to change them and again make it relatively brief. The State of Fiaride i:s going through c process called the institutional- ization and th-H simply -means moving individuals to the community these individual t t are capable of supportii4 themselves in the community we're e in the community. We are also going through hat zimply means placing an individual in an ctivc as possible based on that individual's is; referring to are individuals who rl_y independently with very little 'eferences trade to the location or an ccif ie area as for the retarded develop - .like to point cut to the Commission locations in Dade County this is an f our facilities are located in this is .4pread out in the far northern end of the e County: It was also noted that these nJ,etc. In my experience in working with eau . they are and they become very responsible thank it's unfair to categorize them as some of ore and A"'got the impression that they were talking tiled around from one place to another. These ing such as ourselves, have the capabilities that the sane treatment and the same consideration that any I think that the process that it MACTOWN is trying to individuals to live in an independent environment is not teaching them to support. the a process called normaliv environment that is a:, least rest strength. The individual..s that M have the capability of i =.rctionrrg supervision. Thort h:ai preponderance of fa i.1i mentally disable, c;r'.ag that brase6 on my incorrect statement. area, and the ma_iurita County and in the clients cause Miru developmentally disc citizens in the co.. nun the individuals who s about animals that people are human beings, we have and they deae ve of us would be afforded. undertake allowing these adverse to what the States trying to do, it's been done in this community before and we've proven that it can be very successful and that the individuals contribute to the community do not detract from it. Thank you very much. Mr. Scott: 1 would like to have Dr. Judy Holland come forward please. Dr. Holland: Mr. Mayor, Commissioners, I am Dr. Judy Holland, Director of the Hope School and also serve as President of the Community Counsel for Developmental Handicaps and l:etardat.ion. The first thing I think that disturbs me tonight is the reference to the retarded. You almost make it sound as though we are lepers We're not. To be retarded you know is not to have a disease is rather to have a condition and as l tell all the students in my agency we're all retarded because God never created anyone quiet so perfect so we all have it in one way or another And also the word, institution. 1 consider some places of two beds an institution because these people are not allowed to have freedom and to be taught how to enter a community. And, I have also seen some places of 50 and 75 facility beds that I would not call an institution but rather a home like atmosphere. I had the distinct pleasure of spending a da:,' at MACTOWN rather recently and what I saw there made me extremely proud, they were... these young retarded adults were in a worshop situation extremely proud of their accomplishment. I went through their dormitory saw extremely clean rooms and no one knew that I was coming. I just came and then I went throngtae proposed facility and I saw a magnificant duplex furnished be.wr1 Hlly and 1 heard Mi . Scott's idea. of putting four adults in each duplex. I could :lot see where that would add to the burden of that neighborhood. Someone r_ommer.te.d seeing the retarded sitting on curbs. Well, I really don't see anything so horrible about that. I live in surfside I sit on a curb sometimes myself as do other young adults in our community. I don't think that you really understand what this normalization process is. It's trying to 36 SEP 2 F 1973 teach the retarded a youthful trade. It's trying to het them acclimated to a community. Unfortunately, most of these retarded people have been cut off from a so-called normal way of life either because they have been placed in a huge institution or they've been turned away by their parents and all we're trying to do now is to bring them back to a life of dignity because I think God intended every person to have a life of dignity. I hope you try and understand the retarded a wee bit better than what you do. Thank you. Mr. Scott: With your patience there is one more presenter. This is Mr. Donald Sorcinelli of Urban Housing & Development. Mr. Scrcinelli: My name is Don Sorcinello and I'm speaking tonight as a representative of Dade County's Department of Housing & Urban Development and I'm speaking in support of the application. I'll be very brief. I would like to emphasize the housing nature of this application and this program because I've heard a lot about institutions and this is clearly in our mind and I think in every mind should be seen from a housing viewpoint. Other speakers have alluded to federal and state legislative changes that I think are going to in the immediate future have an impact on our own local housing programs. That is a requirement that we do more to house the handicapped I think to the City and the County's credit long before that was law we adopted that posture. We legally adopted it in our Housing Assistance Plan both the City and the County. We will have a requirement to he more aggressive in housing the handicapped. v:e are doing some things in our new construction programs to make housing more accessible to the handicapped. The problem is that the handicapped community is a unique community and they have unique housing needs I don't believe we can appropriately house all the handicaps and meet those unique needs especailly in this particular field. I think we have to turn to community resources to resources that are already there encourage them and participate with them. I think this is the kind of program that we will need if we are to meet federal and state mandates to hr,+,CA the handican nn that hnsis. We're in support of the application. Mr. Scott: Mr. Mayor, I have two more small points. When we filed a petition in lieu of a fee in the residential neighborhood we were able to get over 10%or 15% of the signatures.At the first zoning hearing a major opposition to it who was very vocal and I strongly feel had this not come up it might have passed at that time,was a gentleman who said he would be here tonight and support this and who did in fact sign the petition as a neighbor and he's one of the major property owners directly across the street from this and owns number of small cottages. I would summarize and finalize this by telling you I have six slides that I can show in thirty seconds where you can see the contiguity of this building next to the MACTOWN complex and next to the workshops that it does in fact abut to the entire R-4 zoning. I would like that opportunity now. (LONG SILENCE) That is facing south looking directly at the property. You can see the workshop in the parking lot directly behind it. We're looking at it from N.E. 63rd Street. This is right in front of the Recreation Building where you see the fence and we're looking at the property from the N.E. side. This is the same shot moving westward to go around to the MACTOWN property and this is right in front of the Recreation Building. This is the interior of the building. It's a beautiful duplex, been completely remodeled and furnished. This is a shot from the kitchen it's fully carpeted and this is all brand new furniture and it would be a beautiful place for anybody to live. This is a shot of the neighborhood going down N.E. 1st Avenue right across from the MACTOWN facility. They talk about parking problems, half the cars parked there do not even belong to us. This is the recreation area, a full patio that the youngsters have availability to and this is the rear entrance of the MACTOWN facility. This is the front entrance of the MACTOWN facility that was built in 1973. This is an oblique shot of the building. This was built with Hill -Burton funds and it's hospital type, heavy duty construction. This is the interior of the workshop. This is the exterior of the workshop facing N.E. 62nd Street, that is the entire complex. Thank you very much. Mayor Ferro: Alright, any other speakers? Yes, sir. Mr. Corey: Mr. Mayor, Commissioners, my name is Howard W. Corey, 157 N.E. 62 Terrace, right in front of this place he's talking about. So, I know what's going on and how it goes on. I've been there since August 1944 when it was a nice quiet neighborhood and where the Adult Center is now was a nice big lot with plenty of trees and flowers, but since Adult Center took over there there 37 SEP 2 197B has been plenty of noise with trucks, po lice i.ce ears;, they have a work- shop there also where they have their 10 t.'4. coffee breaks, they head for the little store doain on Second Avenue . 0h their way back they throw all their papers and wrappers and cups and everything else they buy that they don't need and we have to pick them up there off of the lawns. Now they have a second workshop. it's about four block away for the students that live in their center there. They parade them there three times a day. They also cross my neighbors lawn for a shortcut. I would think if the kids had any parents that thought anything of therm or love them the; would not want them to be exposed to the public so many times a day,and some of them can hardly walk. And, they have iron trucks s push trucks;which they wheel up and down the streets with their merchandise on it and it is plenty noisy too. And, they also have some husky girls there that think nothing of taking their boyfriends or goys out on the grass right in front of my place and they wrestle with them and they have a high old time. Also they want to put in this driveway on 63rd Street and a parking lot there. It would he very ridiculous in such a nice residential street there. Now, they have zone 3 now and God help us if they eo t. zone 4. Thank you very much and God Bless You. Mayor Ferre: Alright, any ote speakers that have not spoken. I'll recognize you in a second. Alright, can we kind of wind this one up and then let's see if we can come to a conclusion and vote on it. Mr. Teague: I think this will. )nlv take a minute your honor. The platitudes we hear from these experts I dci:c't ;think change the facts one iota and we're not here criticizing their methods of teaching. It's the environment outside of their buildings that the local residents are certainly concerned about. As stated, he may have the ear of uhe man that owns all those small cottages as you saw in one of these slides but certainly those people, the residents are entitled to some consideration gore and those are the people that have trouble parking and Even moving <arou td i:r the area and those are the people that are violently opposed to a['' e-pans n of this institution. Now, the President's Committee rm. this has Lie 1 412'1 ' here. The President's Committee certainly recommends that the rei:arde.d be eote c i in homes and not institutions and there have been volumes published. 1resident's Committee on this subject. Thank you very much. Mr. Scott: 'its, sir, I ha\spond to that one past statement. I hear the allusion to police cars, to problems in the neighborhood and we're sensitive to the neighborhood. Singe, thur Lest meeting; my staff have gone out and filtered to the neighborhood. We ;et the required signatures. We've invited many o' them that tour our facilities. Mr. Marks was the only one that did. We've even helped this gentleman here with our custodial program through our voc-ed depart- ment through Dade County Board of Public Instruction , help him with some of his yard work so the goys could get some experience in a residential setting. Three days ago, one of the youngsters had a job down at Burdines and at 6 A.M. in the morning he's out waiting for a bus and he gets mugged in that neighborhood and put in the hospital. We had an alcoholic living across the street and the police cars were over there several times and he finally passed away so this is a two- way item. These young men and women are exposed to negative things,in the neighborhood but that is life, and when things are brought to our attention we try to hasten tc respond to them. Thank you very much. Mr. Manus: Your honor, just a last item or two. You know, what we're discussing here is the change on thy zoning of just one duplex for possibly as many as 8 or 10 additional retarded individuals. Now, what they haven't mentioned tonight is how many people are already housed and how many people are already working in this area. We're not talking about just a total of 8 people. We're talking about 8 in additional to 1 don't know possibly as many as 30 or 40. These gentleman probably have the exact figures. Now they originally acquired parts of their property I believe in somewhere in 1'4u6 , 67, 68, something like that then they expanded in 73 ,and now they're locking to expand again and I'm just curious if, you know, it this is g,rantr••a to them now. They already said at the Zoning expansion to go now they're as they Board that they had no immediate pions for expansion or no plans for but in 1973 they didn't say that in 78 they were going to be looking further into the neighborhood an.i t don't know if a year or two from going to he looking te go further and so we sec: what happens here is take more and more of the block property values drop and we know it's more economical for them to move in and expand their operation and also something that you Commissioners should be interested in. I'm wondering if there's any guidelines as to the origin of the retarded individuals here. What percentage of them presently are residents or members of families that are residents of the City of Miami and if there are any proposed guidelines so that we're not, I won't say it, I don't want to offend anybody,so that we are not a center that everybody in Florida ran send all of their retarded children to our N.E. City of Miami here. Thank you. Mayor Ferre: I don't want to get into an argument with you Aaron but on that kind of logic then we'd have to shut down Jackson Memorial Hospital. Mr. Scott: That's right. I was going to say Mr. Mayor that I represent the younger retarded American Miamian Dade County Citizens of this Community.... these people that I've been speaking for and I wish that you wouiu give'then the break that they are entitled to. Mayor Ferre: Look, we're... I don't want to be rude to any of you, but there hasn't been person that said anything new in half an hour. You're just repeating the same thing over and over and over again and I think tp.'re at a point where we've heard all the arguments of both sides. Ma'am I'm going to recognize you and then I'm going to cut off the public debate and we'll going to vote on this I hope. Mrs. Lawton: My name is Emma Lawton at 121 N.E. 63rd Street right across from this home. 1 object to everything that they want over there. There have more than they need. They're not taking care of what they have over there in the proper way. These parents they sent them out of their home for us to look at all the time. We feel sorry for the poor people, but I don't know why we have to listen to them and hear all their noises all the time and see them in the street all the time shouting. That's all I want to say. Thank you. Mayor Ferre: Alright, questions from the Commission. Alright, ... What's the will of the Commission? Let's go come on, you all know how you're going to vote on this so let's make the motion one way or the other and let's vote. You want to get Gibson in here? Did Gibson leave? Well... remember he said he's stay for 15 or 20 minutes to hear item and that was item 10 and that was at 9:00. It's now 10:00 we've been on it for an hour, so you can't blame him for having left. He said he was going to leave. Okay. Mrs. Gordon: Is he coming back ...? Mayor Ferre: No, he's not coming back. ... He's gone, okay. Alright, leaves four of us so who wants to make the motion? ... Mr. Plummer: Hello there. Mayor Ferre: Come on Plummer. Mr. Plummer: Mayor, I've always told you , you know I'm not sitting up here for a popularity contest when the chips are down I'll make you a motion .,. Mayor Ferre: Well, anyway you make the motion... Mrs. Gordon: Well, make it if you want. Mr. Plummer: Mr. Mayor, I am of mixed emotions but not as to my decision as to which I will vote. Mr. Mayor, I was fortunate when I sat on this Commission to vote for the present facility that exist on 62nd Street and I do feel that that is accredit to the community. I likewise feel Mr. Mayor that as we have heard many times before this Commission before that in fact the best thing for these people all the way is a community light and as such should be into a cnmmunity, but Mr. Mayor two things have changed and I will be making a motion in the negative. Number 1, you reach a certain saturation point when the community changes from residential to too much and I think that is what we're looking at if you check the map because as I recall, Bob, am I correct that the Miami Adult Center exist on 62nd Street itself? Mr. Davis: The portion, the residential portion is on 61st ... is on 1st Place' as it shows in yellow. They have a work center on 62nd. Mr. Plummer: On 62nd, right. Okay, well that was a point and that's the thing I voted on. I don't know if I voted on the other plus the fact I'm sure that in good operation you would try to utilize as much of housing as you could in that area and I personally feel that 8 to 10 people are just too many people 39 SEP 281976 MM MM • 1 1 in a duplex. 'that's not v;;:t dui ic: ! ;-ire real lv desiened for. I think my votes consistency on this Commission have been in favor, Muth in favor of placing these kind of items in residential areas• that hihks the balance also is overwhelming that we just might h not bethat finding to be done coming here, their act is not cleaned up even though whatever way my motion goes that their obviously is some problems, But Mr. Manor, I .just think really my key to my vote. Mrs. Gordon: .J . L., have you looked at this property? Have you been out, drive around it recently? Mt. Plummer: Yes, Rose, I was out there last time when the fire station was under consideration. You know, you uea want to, if hanotveflyn't and wiyou uouwant t to go nd fine, but my motion Mr. Mayor, would Mr. Davis: That's correct. Mr. Plummer: Okay. So, my motion on A •ould be to uphold the Zoning Boatd recommendation for denial. Mayor Ferre: Alright, is there a second Mt. Plummer has made? Mr. Plummer: W 1i, they asked me to make a motion. Mayor Ferro: Alright, once, is there a second? isoing now twiceopen for hearirg�motion. no second it dies for lack off a second. The chair Mrs. Gordon: Mr. Mayor, l'd like to be able to go out there, drive around that neighborhood. Mayor Ferre: Mrs. Gordon moves that until Father Gibson arrives here and until she's had the opportunity to re iew the 'property this matter be postponed we will then vote upon it the no}tt 7.nning meeting in the month of November 9th. Mr. Davis: October. 24th. Mayor Ferre: I'm sorry:,, Mr. Davis: 24th. Mayor Ferre: 24th. Se:cOndcd by Co missioner Reboso. Further discussion on item 10 after ono hour. Call the: roll: Mrs. Gordon: Are you going to be out-of-town Maurice on the 24th? Mayor Ferre: No, I'll be here for the 24th, that's halloween. The following motion was introduced by Commissioner Gordon, who moved its adoption. oreot what month it is. October what? MOTION NO. 78-625 A MOTION DEFERRING CONSIDERATION OF REQUESTS FOR CHANGE OF ZONING, CONDITIONAL USE AND VARIANCES BY THE MIAMI ADULT CENTER FOR THE RETARDED TO ALLOW MEMBERS OF THE CITY CO N1SSION TO INSPECT THIS AREA AND RESCHEDULING THIS REQUEST FOR THE OCTOBER 24, 1978 PLANNING AND ZONING MEETING. Upon being seconded by Vice Mayor Reboso, the motion was passed and adopted by the following vote: AYES; Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manola Reboso Mayor Maurice A. Ferri ASENT: Coruuiasioncyr (Rtv. )Theodore R. Gibson NOSs None, r a or retie: Ladies and gentlemen. I apolcgi z�' for m.tk i utti. you wA l t :� i I ,•�•cn i try, ,,... ,�.t1t but this h:�i�l�rti�:; In oil p.►��`+'i'ti and for having to bring you back on October :tal :dies. s. Gordon: I don't think it'll take as much presentation... the objective :4r to view the area and view the property. Mayor Ferre: Next time it won't. 11. GRANT 1-YEAR EXTENSION OF CONDITIONAL USE 6515 N.W. 7th AVE:+UE. hurry to get out Mayor Ferre: Alright, is there anybody else who is in a big of here... Mr. Plummer: Yes, me. hasa very important matter to come up before this Mayor Ferre: •• that , I'll ask one more time, is there'. Commission? I'll ask... yes, ma'am. Alright, anybody here that wants to be taken out of turn? Mr. Plummer.: Which item? INAUDIBLE BACKGROUND COMMENT. Mayor Fe.rrc: 15? 17? .Mr. Daniels: 14. , and then 18. On item we'll take up 14, 17, Mayor Ferre: 14 and 17. Alright, extension of conditional 14, Application by Rudolph Daniels for a one-year use ranting a paint and body shop at 6515 N.W. 7th Avenue. Does the Administration g recommend this? Mr. Davis: The Administration recommends. Mayor Ferre: 14. Mr. Plummer: Mr. Daniels, the reason why you have not instituted this business •.. the property invested a lot in it and of course, Mr. Daniels: fly funds in buying there an there were somethings, there was somuandnmadeditomore done beautifula butI've Ichave`so up the property, painted the building much more to do to it and I am working on it if you drive by you can see it. bootheeand othherrthing ingits, , there's a lot of equip beautiful but I have so much more, to buy the spray I paintediup ment that I have to purchase to do this: Mr. Plummer: Alright, sir. Mrs. Gordon: What's the recommendation of the ... affirmative? Mayor Ferre: Yes. Mrs. Gordon: 1'11 move Mayo r Ferre: Mrs. Gordon moves. Commissioner Rebosoo seconds, Further. discussion on 14. The Administration recommends. Ca 41 S E P 2 81978 NaCittik IMINg Ifft iiiEi The following resolution was introduced hy Commiss.ftner Gordon, who moved its adoption. RESOLUTION NO. 78-626 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XVI, SECTION 1 (37) (a), TO PERMIT PAINT AND BODY SHOP ON N 1/2 OF LOTS 10 AND 11, LESS W 15' BLOCK 8; FOREST PARE 1ST ADD (6-6), BEING 6515 N.W. 7TH AVENUE, AS PER PLAN ON FILE, ZONED C-4 (GENERAL COMMERCIAL), AND SUBJECT TO ANY REQUIRED VENTILATION EQUIPMENT TO BE LOCATED ON TOP OF THE ROOF. (Here follows body of resolution, omitted here and on fie in the OH-jct of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and., . , sP .. , adopted by the following vote: AVES: Commissioner RoGordon Commissioner J. L. Plummer, Jr. Vice Mayor M4nolo Reboso Milvor Mn..irice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Gibson NOES: None. • 12. (-;RA171" 0!;E-YLAR EXTL::S101: OF VARIAI:CES AND CONDITIONAL USE FOR - Tii DIME HIGHWAY AT SOUTH WEST Td .3-.':;* Mayor Ferro: Take up item 17 (a), Application by Thomas J. Dixon for a one- year extension of variances (r1 setbncks and parking for property. Does the Administration recomnend': Ark there any objectors present? Mrs. Gordon: Moved. Mr. Davis: The Administ.ration :recommends A & B. Mrs. Gordon: Moved. Mayor Ferre: Moved by Mrs. Gordon, Seconded by Mr. PluMmer.- Further diSeussion of 17 (a), call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption. RESOLUTION NO. 78-627 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI -I, SECTION 3 (2) AND ARTICLE XXIII, SECTION 4 (23), TO PERMIT CONSTRUCTION OF AN OFFICE BUILDING ON LOTS 6 THROUGH 16, BLOCK 43, SILVER BLUFF ESTATES SECTION "C" (10-65) BEING SOUTHWEST CORNER SOUTH DIXIE HIGHWAY AT SOUTHWEST 24TH AVENUE, AS PER PLANS ON FILE, PROVIDING 31 OFF-STREET PARKING SPACES (36 OFF-STREET PARKING SPACES REQUIRED) AND + 6' SIDE YARD ON THAT PART WHERE THE R-CA AND R-1 MEET AS INDICATED ON THE PLANS ON FILE (13' REQUIRED); IN CONJUNCTION WITH CONDITIONAL USE APPLICATION FOR PARKING; ZONED R-CA (RESIDENTIAL OFFICE) AND SUBJECT TO DRIVEWAY BEING LOCATED AS FAR SOUTH AS POSSIBLE, GRANTED BY ZONING BOARD RESOLUTION NO. AB-62-78. (Here follows body of resolution, omitted here and on file 141 th Office of the City Clerk). 42 SEP 281978 MM MM MM MEM • MMM MEM ■ ■ ■ Upon being secon,l;d by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Gibson NOES: None, Mayor Ferre: On 17 (b) Mts. Gordon moves. Mr. Plummer seconds; discussion. The Administration recommends. Call the roll. The following resolution was introduced by Commissioner Gordon moved its adoption. RESOLUTION NO. 78-628 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6) (b), TO PERMIT AN OPEN PARKING LOT AS AN ACCESSORY TO THE PROPOSED OFFICE BUILDING ON LOTS 19 THROUGH 21, BLOCK 43; SILVER BLUFF ESTATES SECTION "C" (10-65) BEING SOUTHWEST CORNER SOUTH DIXIE HIGHWAY AT SOUTHWEST 24TH AVENUE, AS PER PLANS ON FILE, PROVIDING 7 OFF-STREET PARKING SPACES, IN CONJUNCTION WITH VARIANCE APPLICATION, ZONED R-1 (ONE FAMILY) AND SUBJECT TO FINAL LANDSCAPE APPROVAL BY THE PLANNING DEPARTMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer. the resolution and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre Commissioner (Rev.) Theodore R. Gibson ABSENT: NOES: None. Mayor Ferre: Take up item #18, Accepting the Plat entitled Twin Villas located at S.W. 17th Street between S.W. 36th and 37th Avenues. Mr. Davis: The Administration recommends. The Plat Committee recommends. Mayor Ferre: Alright, any problems on that? Mr. Descalzo: Your honor, my name is Christopher Descalzo... Mayor Ferre: Well, you don't have to talk unless you want to, we're going to pass it in a moment. Mr. Descalzo: Yes, sir. No, no, I know, exactly, the reason I'm here is a particular reason. I am Christopher Descalzo, the owner of this propertywand this past Sunday we opened onuthe salcpreliminary unitssales andnithe pwouldQperty had a tremendous success Mrs, Gordon: You already have them built? 43 SEP 281978 • �111111111111 11111111111111111111 Illl111111 M Mr. Descalzo: No ma'am. We intend to ,,,; a them, of course. The situation is as follows that we would like- to comr.•-2n.:- construction of the footing as quickly as possible and of courses since there is a City ordinance that these plats must be reported through Dade County that if we do have to wait the additional six weeks in order to be recorded our construction will be held up and I would respectfully request that the Commission allow us to have a temporary building permit in order to have the footing started and of course contingent upon that- no certificate of occupancy be issued until the Plat is recorded. Mts. Gordon: now many units are you put t ing up? Mr. Descalzo: 18, ma'am= Mrs. Gordon: 18? Mr. Descalzo: Mr. Davis: This is a rule which the Cetr'ussion adopted because of some problems that's been involved with buildings going on incomplete plats ssandrnde re le laws of this zoning ordinance were changed to make sure that the p before construction could begin this was brought before the Commission, the Commission's recor.;,endatioa, of course. Mrs. Gordon: How many lots is this being platted into, four lots? Mr. Davis: I don't remember how many lots ... Mr. Descalzo: No, this is a PUN. Mr. Davis: PUN. Mr. DescaIzo: "Phis is .-i PUN. ii,is is ;t'Planned Unit Nature and this has.: already been passed through the Zoning; hoard and everything. The only we have already all plans approvod through the City,and of course, zoning would not issue the bui.ldthg permit, Mrs. Gordon: Wait, just let iuc' get. my backup material on your application. Mr. Davis: This is part of the Zoning ordinance. If you and any deviation of this made from the Zoning ordinance is normally ... Mr. Plummer: State it on the record. Mr. Grassier Mr. Mayor, possibly to save the time of the City Commission we ought to ask Mr. Davis to make clear whether or not in his opinion it's even legally possible for you to consider this kind of request. Mayor Ferro: Mr. Davis? Mr. Davis: in my opinion, and I'm not an attorney. Since this is a part of the zoning ordinance, the only way to vary from the zoning ordinance is through the variance procedure. The variance procedure means a hearing before the Zoning Board and the granting of that variance by the Zoning Board. I don't personally see how this Commission can grant a variance under our Code,. Mrs. Gordon: Okay. What's before us is the approval of this... Mr. Davis: Of the plat. Mrs. Gordon: ... the plat, but this is the only backup we have and it doesn't show anything about what plans to be placed on it, Mr. Davis: Of course not. Mrs, Gordon: Pardon? Mr. Davis: No ma'am, it doesn't plat doesn't. Mrs. Gordon: And., I ask you tract A being divided into four lots, wouldn't show any of the construction, the. SEP 2 8197E 1111111111111111111IIIIIIIIIiitilinimiimin 111111111IIIIIIIIIIIIII1111 IIIIIII II II IIIIIIIIII I■111111IIIIIIIIII1 Mt. Descalzot It is as one tract ma'am. The PUN is used as one tract: It is not subdivided any further. It's exactly as you see it there. In that tract goes a ... Mr. Davis: Single tract, Mts. Gordon. Mr. Descalzo: Just one tract with nine buildings in that tract t1Otis hot subdivided any further than what you see there. The a 441 Mrs. Gordon: Well, how was it platted before? What was the legal designation Mr. Descalzo: It was three lots before? Mrs. Gordon: Oh, it was three and you're making one? Mr. Descalzo: Yes, ma'am. In order to have a PUN I must have it into a Otte' section type of thing. The only reason I'm here and I... Mrs. Gordon: I move approval of the plat. Mr. Descalzo: Thank you. Mayor Ferre: Alright, there's a motion. Mr. Reboso: I second the motion. Mayor Ferre: Second. Further discussion on item 18. or The following resolution was introduced by Commissioner Gordon, who move. its adoption. RESOLUTION NO. 78-629 A RESOLUTION ACCEPTING; THE PLAT ENTITLED TWIN VILLAS, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND D ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE IMMEDIATE CONSTRUCTION OF FULL WIDTH IMPROVEMENTS UNTIL REQUIRED BY THE PUBLIC WORKS DEPARTMENT; AND AUTHORIZING THE CITY MANAGER AND 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 Vice Mayor Reboso, the resolution was adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Gibson' NOES: None. 45 AIT,. I CA: T :., "i-� O.,2TS", SOUTH{, i1lli..k IttAN SiRFACI'. PAR.�.,..�t Mayor Ferre: Alright, is there anybody else waiting for anything otherwise we're going to go hack to the regul ar ... what item are you on? Unidentified peakt r: 13. Mr. Davis: I'd like to explain this item if I may Mr. Mayor. In 1973, I believe it was the Zoning Board and the Commission, itself, this is before... I don't know whether the Commission is still granting these, granted a conditional use permitting the use of lot 8 by this resolution. Furthermore, restricted the use of this lot to a parking lot, no structures to be put on it because this was recommended by the Planning Department for an extension of 3rd Avenue. 3rd Avenue is it? Oa Unidentified c? SI?e ker: 3rd. Mr. Davis: 3rd Avenue, and since the People Mover situation has come into effect the Planning Depar_ment has advised us and the applicant the alignment of 3rd Avenue would be changed at this point so it wouldn't conflict with their lot and they're up here before you to ask for the release of their lot for anything that they wished to do with it which would mean the revision of that resolution as you have before you. You have a copy ••• Mayor Ferre: And, what's the recommendation? Mr. Davis: The recommendation -is for..' the revision and for the relief of restriction. Mrs. Gordon: Release o Mayor Ferre: Yes Mrs. Gordon: I move. Mayor Ferre: Are t.hero any objectors to that? You recommend it. Alright, Mrs. Gordon moves. is there a second? Mr. Plummer seconds item 13. Further discussion. Call the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-630 A RESOLUTION AMENDING RESOLUTION NO. 73-537 ADOPTED JULY 12, 1973, ENTITLED "A RESOLUTION GRANTING A 'CONDITIONAL USE', AS PROVIDED IN ORDINANCE NO. 6871 ARTICLE XV, SECTION 2 (S) (a), TO PERMIT CONSTRUCTION OF 7-LEVEL PARKING GARAGE ON LOTS 4, 5, 16, 17 and E 1/2 LOTS 6 AND 15, BLOCK 103N, MIAMI (B-41), LOCATED AT APPROXIMATELY 245 N.E. 1 ST STREET; SUBJECT TO LOT 8 OF PROUTS SUBDIVISION (B-65), TO BE DEVELOPED ONLY AS SURFACE PARKING; ZONED C-3 (CE,'TRAL COMMERCIAL DISTRICT)", BY THE DELETION OF A RESTRICTION UPON LOT 8 OF PROUTS SUBDIVISION (B-65) THAT THE SAME BE DEVELOPED ONLY AS SURFACE PARKING. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk), Upon being seconded by Commissioner Plummer, the resolution was passed; and adopted by the following vote: AYES; Commissioner Roso Cordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSENT; Commissioner (Rev.) Theodore R, Gibson - NOES; None. 4 S E P 281978 MMMW MMMM 1 1MM • t4ayot Fetter I assume there ate no other items that are going to be,4. Unidentified Speaker: Thank you very much Mayor Ferre: Alright , well then let's go back to the now on 5(b), Mr. Redford? Mr. Redford: I'm interested in the outcome of 12, Mayor Ferre: Of 12, Alright. 15. FIRST READING ORDINANCE: MEND ORD. 6371, ARTICLE XI-4 AND XXVIII - PROVIDE NEW LIST OF PERMITTED AND CONDITIONAL USES 1 RCC. Mayor Ferre: Take up item 12 on First Reading an ordinance Planning lDepatrtment Application, Amend Ordinance 6871, Article XI-4, so on, providea permitted and conditional uses in R-CC and to add provisions for expansion of non -conforming uses. Mr. Davis: I'll give you a short explanation of that,as short as I can make it. R-CC is the new district which includes among other things Mr. Redford structure up where the A & P used to be. Mayor Ferre: I can't hear you. Mr. Davis: It includes some among other areas that area in the Grove where Mr. Redford's A & P structure, what used to be the A & P is. The R-CC District did not include certain uses among which was a record shop. It also did not include as a conditional use the permission to expand non -conforming uses. This proposal by the Planning Department which was approved by the Planning Advisory Board would provide for both as conditional uses. A record shop and that addition to non -conforming uses. Mayor Ferre: Alright, sir. Mr. Davis: But I understand at this point Mr. Redford isn't... Mrs. Gordon: ... initiated by the Planning Department. Mr. Davis: Initiated by the Planning Department. Mrs. Gordon: Recommended by the Planning Advisory Board. I move approval. Mayor Ferre: Alright, there's a motion by Mrs. Gordon for approval. by Commissioner Plummer. Further discussion. Mr. Redford: I think this gentleman over here has got something on it too,. there's something about an antique shop across the street too as I ... (INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mr. Redford: Well, anyway this was just a ... as you know a commercial building and it was down graded from C-2 to an R-CC which only permits certain uses, and some of the uses are a little bit strange. I mean, for example, they will allow a fish market but they won't allow a record store and so we think even though the point is somewhat moot at this time we'd like to see it go through. Mrs. Gordon: Okay. Mayor Ferre: Alright, call the roll. Mr, Ongie: It's an ordinance. (ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO Mayor Ferre: alright, Call the roll, Seconded' SEP 281978 AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE O. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING SECTION 2 OF ARTICLE XI-4 RESIDENTIAL OFFICE R-CC DISTRICT TO PROVIDE A NEW LIST OF PERMITTED AND CONDITIONAL USES; AND TO ADD PROVISIONS FOR EXPANSION OF NON -CONFORMING USES PER ARTICLE XXVIII, BY ADDING NEW PARAGRAPHS (m) AND (n) UNDER ARTICLE XI-4, SECTION 2, SUBSECTION 5; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissionet PlUtter and passed on its first reading by title by the following vote: Cotmoissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferre AYES: NOES: None. ABSENT: Commissioner (Rev.) Theodore R Gibson The Assistant City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 16. GRAN'T 014E YEAR E.',IL.JSIO OF VARIANCES, SET BACKS IVND F.A.R. - 801 VENEIIAN WkY. Mayor Ferre: 15. Mrs. Gordon: 15, okay. Mayor Ferre: Item 15, a Resolution application .by Willark House S.A. for a one- year extension of variances for setbacks and Floor Area Ratio at 801 Venetian Way. Does the ... Mr. Davis: The Administration. recommends, Mrs. Gordon: I'll move it. Mayor Ferre: Any objectors? Mr. Reboso: Second. Mayor Ferre: It's been moved and seconded. Further discussion. C�11 the roll •: Mr. Plummer: What is the reason, why haven't you started? Mr. Quintell: Mr. Plummer, my name is Albert Quintell, Attorney for Willark House. The reason was that the original developer of the property lost their financing and Willark House has recently signed with a new developer, Southern Contractors, and we hope to proceed with them; that delayed us. Mr. Plummer: Alright. Mayor Ferre: Very good. Call the roll . Mrs, Gordon: Call the roll. SEP 2 8 1978 The following resolution was introduced by Cu- iissioonor Gordon, who moved its adoption: RESOLUTION NO. 78-631 A RESOLUTION GRANTING A CONTINUATION OF THE VARIANCE GRANTED BY CITY COMMISSION RESOLUTION NO. 78-185 FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 19 (7) (a) & (b) AND ARTICLE VIII, SECTIONS 3 (2) (d) & 5, TO PERMIT CONSTRUCTION OF AN APARTMENT PROJECT CONSISTING OF 81 UNITS IN ONE STRUCTURE ON LOT 1 INCLUDING THAT PORTION OF LOT 1 COINCIDENT WITH THE NORTHERLY AND WESTERLY LINES OF TRACT C, AND LOTS 2 AND 3 INCLUDING THAT PORTION OF SAID LOTS COINCIDENT WITH THE NORTHERLY LINE OF TRACT C; BLOCK 1; BISCAYNE ISLANID SUB (34-93) AND LOTS 50 AND 51, BLOCK 1; BISCAYNE ISLAND RESUB (40-34), BEING 801 VENETIAN WAY, AS PER PLANS ON FILE, WITH A 5' FRONT YARD (20' REQUIRED), ALSO A 50' EAST SIDE YARD FOR THE APARTMENT BUILDING (70' REQUIRED) AND A 1.51 FLOOR AREA RATIO (1.10 PERMITTED); ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND SUBJECT TO: 1) APPLICANT POSTING A BOND WITH THE DEPARTMENT OF PUBLIC WORKS FOR THE IMPROVEMENT OF THE STREET AND THE CUL-DE-SAC, AND 2) CONSTRUCTION OF A WALL ADJACENT TO THE SILVERBERG RESIDENCE; NOT TO EXCEED ONE YEAR. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. Gibson: NOES: None. 17. GRANT PERMISSION TO CONSTRUCT RECREATIONAL FACILITIES - 5200 N.W. 2ND AVENUE. Mrs. Gordon: Did we do 5 (a) yet? Mayor Ferre: No, we're now starting with 5 (a). I assume that nobody else is here on any items. Alright, we did 5 (a) didn't we? Mr. Ongie: Yes, sir we did (a) but not (h). Mayor Ferre: Alright, now we're on 5 (b) alright. Resolution - Planning Department Application, one objector by mail. The Planning Advisory Board recommends 5-0. The Planning Department recommends since they're the anulirant. Is there any discussion on this? Who wants to make the morinn? Mrs. Gordon: Is it an ordinance? Mayor Ferre: No. Mrs. Gordon: Okay, I'll move it. Mayor Ferre: Mrs. Gordon moves the resolution. Seconded by Reboso, discussion on 5 (b). Call the roll. The following resolution was introduced by Commissioner Gordon, who moved' its adoption: SEP 281978 -47tbnerrem• et4 .411m7MEW =7— RESOLUTION NO. 78-E)32 A RESOLUTION GRANTING PFR:ISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII- I, PUBLIC PARK AND FECREATIONAL USE- PR DISTRICT, SECTION 4 (1-3) ON LOTS 7 THROUGH 10 AND 21 THROUGH 25, BLOCK 16, RAILWAY SHOPS ADD 2ND AMENDED (3-183), BEING APPROXIMATELY 5200 N.W. 2ND AVENUE, ZONED R-2 (TWO FAMILY DWELLING) AND C-2 (COMMUNITY C,OMMERCIAL) PROPOSED TO BE REZONED TO PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSENT: NOES: the resolution was passed and Commissioner (Rev.) Theodore R. Gibson None. • , • . - •••• N (A) FIRST READINh ORDINANCE (,HANGE OF ZONING CLASSIFICATION 2543 NW 30 Si. AND 25()'i N.W. 31 St. FROj R-2 TO PR. 16. (B) DEFER CONSIDERATION or rER::Issini; TO CONSTRUCT RECREATION- AL iACIlITIES AT 251,3 NW in Si. AND 2568 :a,: 31 ST. Mayor Ferre: Application. The Plannin Advi Bonrd rt:cormnended 5-0. Take up item First Reading - An Ordinance - Planning Department Mrs. Gordon: A: Ordinance? Mayor Ferre: Yes. This changes the zoning on 30th Street and 25th, 31st Street from R-2 to PR. You want to explain? Mrs. Gordon: Moved, Mayor Ferro: Alright, moved by Mrs. Gordon. Is there a second? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer. Further discussion. Ca11 the roll. ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD. Mayor Ferre: Ca11 the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAM1, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 15 AND 26, BLOCK 17, MELROSE HEIGHTS 2ND SECTION (19-44), BEING 2543 N.W. 30TH STREET AND 2568 N.W.31ST STREET, FROM R-2 (TWO FAMILY DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT), 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 IIT, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILM PROVISION. WPs introduced by Commissioner Gordon, and seconded by Commissioner Plummer, and passed on its first reading by title by the following vote: AYES; Commissioner Rose Gordon Commissioner J. L. PluMIte , Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSPiT; Commissioner (Rev.) Theodore R. Gibson NUS; None. 50 SEP 2 8 1978 111111i Mini 11111111111111111111111111111111111inimiiiimim muumul1111111 NINE The Assistant City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Mayor Terre: Now take up item I/ B. Mrs. Gordon moves B. Seconded by Plummer, Further discussion. This is a resolution now. Mrs. Gordon: I'm wondering why there we re so many objections? Planning Department will you explain? Mr. Davis: I'll tell you... I'll bring them out, just a moment. One person wanted the parking lot lagged to the entire block. The other one had a income property because he couldn't get anybody to move into his house next to the park. It would attract undesirable people. Another one for the whole block. A rather long about the waste of tax dollars letting vandalism destroy the homes and so forth, quite varied. Mrs. Gordon: What's going to go on there Mr. Howard? Mr. Whipple: Commissioner, this is an expansion of the Melrose Park. Mr, Howard is here to explain it if you'd like more detail, but it's simply an expansion of an existing park of two lots to the west. Mrs. Gordon: Yes, I sure'd like to know because if that many people wrote in objections I want to know why. Mr. Howard: The park has been under contract now as consultant... the old building has been there for years so we've had a problem, it will be coming down and a new building will be going up. The first plan that was shown to the community was approved and by the Task Force of the community. The objections that came in really were not in the park but on a monetary value they feel that the park would not help their homes. It was not an objection to the... Mrs. Gordon: It's already City property, right? Mr. Howard: Yes, we have one expansion in that one area that we purchased to expand the park which is quite small. Mrs. Gordon: And, that's the piece we just changed the zoning on, right? Tha yellow part where the x is on it? Now, why do we have to give permission to construct and operate recreational facilities on a PR zone? Mr. Davis: That's part of the ordinance. Anything which is done in PR has to be approved by this Commission. Mr. Plummer: Call the roll. Mrs. Cordon: .... like shoveling something down somebody's throat Mayor Ferre: Well, why don't we put it off.... Mrs. Gordon: Yes, put that resolution off until we take a look at (INAUDIBLE, :NOT USING MICROPHONE) Mayor Ferro: Call the roll. THEREUPON THE FOREGOING MOTION TO DEFER ITEM NO. 6 (b) to October 12th meeting was introduced by Commissioner Gordon, and seconded by Commissioner Plummer, and was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre ABSENT: Commissioner (Rev.) Theodore R. G9bsan;. NpES: None. 51 SEP 2 81978 FIRST READING ORDINANCE: ZONI Street 1 O r:d R-3 tc i 3t,-y2 .�.t�;. 59 .1 a GRANT PER:tISSIO TO CO:,ST5:.Ca AND OPF.RATE FACILITIES AT 36-:,2 59 Street. Mayor Ferre: Take up item 7 on first reading. An Ordinance - Planning Department Application. Planning Advisory Board recommends 6-0. ... Mrs. Gordon: Put the map up on that one please, Mr. Davis. We just want see where It's located. Oh, that's nice, okay. Move approval. Mr. Plummer: That's not correct. You taut the wrong one. Mrs. Gordon: Oh well , that's why it was nice I'll take back my Mr. Plummer: Not Ada .Merritt, not up in the N.E. section. Mayor Ferre: Alright, we have now a motion on the floor by Mrs. Gordon.. Seconded by Father Plummer. Mrs. Gordon: You know, Since we own both sides of that very narrow street why isn't that street being closed ... l e t me see that map...I want to ask you a question Mayor Ferre: That's a good idea. Mrs. Gordon: ... and the park being made into one large area? Uh? Mr. Howard: It's under consideration by the consultant now and we're waitit for his recommendation. Mrs. Gordon: Oh, I'll give you one right now,free Mayor Ferre: Alright. Mrs. Gordon: Okay, I'll move it-. Mayor Ferre: Further discussion. Call the•roll. (ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD; Mrs. Gordon: You read very nice and very fast. Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF TENTATIVE PLAT NO. 1020 "LEMON CITY PARK", BEING APPROXIMATELY 36-42 N.E. 59TH STREET, FROM R-2 (TWO FAMILY DWELLING) AND R-3 (LOW DENSITY MULTIPLE DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT) , 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. Was introduced by Commissioner Gordon and seconded by Commissioner Plumm and passed on its first reading by title by the following vote: AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr, Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson' Vice Mayor Manolo Reboso The Assistant 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, 52 SEP 281978 Elh MM MM • M;iyr. r- Ferh : Mrs. Gordon: 7 (b) arenOL we? Mayor Fette: 7 (b) I beg your patdoth Mrs. Gordon: Yes, I moved that. Mayor Ferre: I beg your pardon, 7 (b). Moved by Mts. Gordon and Seconded by Commissioner Plummer and is there further discussion on it? Call the roll, The following resolution was introduced by Commissioner Gordon, who Mowed its adoption. 6 (h) 3s moved by Mrs. Gotuon. RESOLUTION NO. 78-633 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLLC PARK AND RECREATIONAL USE - PR DISTRICT, SECTION 4 (1-3) ON TENTATIVE PLAT NO. 1070, LEMON CITY PARK, BEING APPROXIMATELY 36-42 N.E. 59TH STREET, ZONED R-2 (TWO FAMILY DUELLING) AND R-3 (LOW DENSITY MULTIPLE) PROPOSED TO BE REZONED PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT). (Here follows body of resolution, omitted here and on file` in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed: and adopted by the following vote: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre AYES: NOES: None. ABSENT: Commissioner (Rev.) Theodore Vice Mayor Manolo Reboso R. Gibson 20. GRANT PERMISSION TO CONSTRUCT T AND OPERATE RECREATIONAL FACILITIES - 701-775 Mayor Ferre: Takeitem # 8. A Resolution - Planning Department Application. The Board recommends up 6-0. One objector, three replies in favor. Do you like that one Rose? Mrs. Gordon: Dreaming. Yes, okay, move it. Mayor Ferre: Moved by Mrs. Gordon. Seconded by Father Plummer. discussion. Ca11 the roll. Mr. Ongie: We're on item 8. (repeat) Mayor Ferre: Wake up. Mr. Ongie: It's a resolution. Mayor Ferro; Well, what are you reading it for? Mr. Plummer: Well, why don't you call the roll? The following resolution was introduced by Commissioner Gordon, who its adoption. Further SEP 281978 RESOLUTION NO. 78-634 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE )VIII-I, PUBLIC AND RECREATIONAL USE - PR DISTRICT, SECTION 4 (1-3) ON TENTATIVE PLAT NO. 1025, RIVERSIDE PARK AND THE ADJACENT RIGHT-OF-WAY OF S.W. 7TH AVENUE, BEING APPROXIMATELY 701-775 S.W. 4TH STREET. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES; Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Mayor Maurice A. Ferro NOES: ABSENT: None. Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso I. 21(A) FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION - 1.500 N.W. 16 AVENUE FR0;1 R-3 to PR. (1) GRANT PERMISSION TO CONSTRI'CIAND OPERATE RECREATIONAL FACILITIES .1T 1500 N.W. 16 AVENUE FR0;1 R-3 to PR. Mayor Ferre: Alright, item 9 (a). Mrs. Gordon: Okay. Mayor Ferre: Are you going to say something or are you just going to stand there? Mrs. Gordon: Move it. Mayor Ferre: Alright, move item 9 (a) as recommended 5-1. No objectors. Seconded by Reboso. Further discussion. Read the Ordinance. (ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD). Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 2, SOUTH ALLAPATTAH MANOR (16-6), AND LOT 43, BLANTON PARK (9-58), APPROXIMATELY 1500 N.W. 16TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE DWELLING) TO PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT), 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. Was introduced by Commissioner Gordon and seconded by Vice Mayor Reboso and; passed on its first reading by title by the following vote: AYES; Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner Rose Gordon Mayor Maurice A. Ferro NOES; Noce. ABSENT; Commissioner (Rev.) Theodore R, Gibson S E P 2 81978 Mayor Ferre: Resolution 9 (b) moved by Reboso. Seconded by Plummer. Further discussion. Ca11 the roll. The following resolution was introduced by Vice Mayor Reboso, who moved its adoption. RESOLUTION NO. 78-635 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC PARK AND RECREATIONAL USE .-. PR DISTRICT, SECTION 4 (1-3), ON LOT 1, BLOCK 2, SOUTH ALLAPATTAH MANOR (16-6), AND LOT 43, BLANTON PARK (9-58), BEING APPROXIMATELY 1500 N.W. 16TH AVENUE, ZONED R-3 (LOW DENSITY MULTIPLE DWELLING) PROPOSED TO BE REZONED PR (PUBLIC PARK AND RECREATIONAL USE DISTRICT). (Here follows body of resolution, omitted here and toil file in the Office of the City Clerk). Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner Rose Gordon NOES: None. Commissioner (Rev.) Theodore R. Gibson ABSENT: 22(A) CHANGE ZONING CLASSIFICATION-4101 N.W. 7 STREET FROM R-1 TO GU; (B) PERMIT CONSTRUC1ION OF ADDITION TO FIRE STATION t10 4 .'f... c ur Mayor Ferre: We voted on 10. Mrs. Gordon: How about 11? Did we do 11? Mr. Ongie: No, we haven't done 11. Mayor Ferre: 11. Mrs. Gordon: That's an ordinance. Mayor Ferre: That's an ordinance. Planning Advisory recommends 4- Mrs. Gordon: What's it going to be used for in the GU? (INAUDIBLE BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD). Mrs. Gordon: Oh, oh, okay, I move it. Mayor Ferre: Moved by Mrs. Gordon. Seconded by Mr. Plummer. Call the roll,_ Mr. Ongie: 11 (a) is an ordinance. Mayor Ferre: Read the ordinance. (ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD Mayor Ferre: Call the roll. SEP 2 81978 EMI MEF 1 MEEK MMMW MEMW mmorg MEE MEE Egg • • • AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF NORTHERLY 1/2 OF 20' PUBLIC ALLEY (PROPOSED TO BE VACATED) LYING NORTHERLY OF LOTS 9 AND 10, BLOCK 3, WHITEHEAD AND BLAIR SUB (44-78), BEING APPROXIMATELY 4101 N.W. 7TH STREET, FROM R-1 (ONE FAMILY DWELLING) 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 GorLlon and seconded by Commissioner Plummer and passed on its first reading by title by the following vote AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson The Assistant City Attorney read the ordinance into the public record and d and announced that copies were available to the members of the City to the public. Mrs. Gordon: Move B. Mayor Ferre: Mrs. Gordon moves B. Reboso seconds. Further discussion. Ca11 the roll. The following resolution was introduced by Commissioner Gordon, who moved its adoption: RESOLUTION NO. 78-636 A RESOLUTION GRANTING PERMISSION TO CONSTRUCT AND OPERATE AN ADDITION TO THE PRESENT FIRE STATION #110 ON NORTHERLY 1/2 IF 20' PUBLIC ALLEY (PROPOSED TO BE VACATED) LYING NORTHERLY OF LOTS 9 AND 10, BLOCK 3, WHITEHEAD AND BLAIR SUB (44-78), BEING APPROXIMATELY 4101 N.W. 7TH STREET, INCLUDING THE PUBLIC ALLEY PROPOSED TO BE VACATED, PER ARTICLE XXI-2 GU (GOVERNMENTAL USE), SECTION 3 (1-2); ZONED GU (GOVERNMENTAL USE) EXCEPT FOR THE NORTHERLY 1/2 OF ACATED) THELEY TO BE ANDVPROPOSEDWHICH IS TO BE REZONED GU (GOVERNMENTAL USE). (Here follows body of resolution, mited here and on file in the Office of the City Clerk). Upon being seconded by Vice Mayor Reboso, the resolution was passed and adopted by the following vote: AYES: Commissioner Rose Gordon Vice Mayor Manolo Reboso Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES; None. ABSENT; Commissioner (Rev.) Theodore R. Gibson 57 SEP 281978 i MEM MEM 1111 MEM mom • 23. AUTHORIZE CITY MANAGER TO DONATE SURPLUS GARBAGE PACKER TO "JUNTA DIRECTIVA DE ASISTENCIA SOCIAL" TO ASSIST THE PEOPLE OF NICARAGUA. Mayor Ferre: Alright, Mr. Reboso. Mr. Reboso: Mr. Mayor, I have one small item. Last week, the OAS asked all the Latin American Countries to try to help the poor cities in Nicaragua that were devastated in the Civil War. WQBA and the Bay of Pigs Veteran Association are going to hold a marathon next Sunday. Mrs. Gordon: Marathon? Mr, Reboso: Yes. Mrs. Gordon: What kind of marathon? every- b ody d, Mr. Reboso: In the Republic National Bank on radio and televisor. An is sending contributions. In November, we are going to have 15 garbage packer surplus. I would like to propose that one of them we will send it to the Board of Social Assistance,a non-profit organization that is taking care of the relief of those citizens. Mayor Ferre: Is that Red Cross sponsored? Red Cross sponsored. It's a neutral non-profit organization. Okay. As long as it's a Red Cross Neutral Organization you got Mr. Reboso: Mayor Ferre: no problem. Mr. Reboso: Mayor Ferre: Mrs. Gordon: Mr. Reboso: Mrs. Gordon: Mayor Ferre: Mr. Reboso: It is. Okay, I move it. Alright. $2,000. What are we donating? lt's a garbage packer. how much is it 1898. No, here it says estimate value $2,000. worth? Mr. Plummer: Mark it down to ... Mayor Ferre: No, it doesn't cost, we have it. Mr. Grassier To he consistent with the City Commission policy. I think that we need to take the money from the Contingency Fund and pay that for that wequip ment so that we do not have the precedent of giving it without cost, but can do that, we can take the money out of contingency and we'll pay that in funds. (BACKGROUND COMMENT) Mr. Reboso: Alright, call the question. The following motion was introduced by Vice Mayor Reboso; who moved adoption. MOTION NO. 78-637 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO DONATE A SURPLUS GARBAGE PACKER TO THE "JUNTA DIRECTIVA DF ASISTENCIA SOCIAL", A NON-PROFIT ORGANIZATION IN MANAGUA, NICARAGUA, TO ASSIST THE PEOPLE OF NICARAGUA. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: 1MM ■MM ■ ■ AYES: N0ESt None. Vice Mayor Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr: Mayor Mautice A. Fetre ABSENT: Commissioner (Rev.) Theodore R. Gibson Mayor Ferre: Peru we got n Alright. God, I don't statute what do know whether that's such a good deal at least with Mr. Grassie. I didn't see you object too much this tune. we do it we don't get a statue? ADJOURNMENT: There being no further business to come before the City Commission, Motion duly made and seconded, the meeting was adjourned at 10:26 P.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk;. MAURICE A. FERRE Mayor MID SEP 281976 ITEM NO. EWY OF IVAMI DOCUMENT DATE: INDEX DOCUMENT IDENTIFICATION 1 COMMISSION AGENDA AND CITY CLERK REPORT 2 AMENDING ORDINANCE NO. 6871 3 AMENDING ORDINANCE NO. 6871 4 AMENDING ORDINANCE NO. 6871, THE ZONING ORDINANCE FOR THE CITY OF 5 AMENDING ORDINANCE NO. 6871, THE ZONING ORDINANCE FOR THE CITY OF 6 AMENDING ORDINANCE NO. 6871, THE ZONING ORDINANCE FOR THE CITY OF 7 AMENDING ORDINANCE NO. 6871, THE ZONING ORDINANCE FOR THE CITY OF COMPREHENSIVE MIAMI COMPREHENSIVE MIAMI COMPREHENSIVE MIAMI COMPREHENSIVE MIAMI 8 APPROVING THE APPROPRIATION OF UNITED STATES FEDERAL REVENUE SHARING FUNDS FOR 1978/79 FUNDING SOCIAL SERVICE PROGRAMS 9 GRANTING A CONTINUATION OF VARIANCE GRANTED BY CITY OF MIAMI ZONING BOARD RESOLUTION NO. ZB 86-78 FROM ORDINANCE NO. 6871 10 AUTHORIZING THE HOWARD HUGHES MEDICAL INSTI- TUTE TO USE THE PROPERTY LOCATED ON THAT PART OF LOT "A" LYING EAST OF MAIN HIGHWAY, EWANTON HEIGHTS FOR EDUCATIONAL AND PHILANTHROPIC PURPOSES. 11 CITY COMMISSION ESTABLISHING A GENERAL POLICY THAT CONSIDERATION BE GIVEN TO VOLUNTARY PAY- MENT FOR CITY SERVICES FOR THE PROTECTION OF LIFE, HEALTH AND GENERAL WELFARE TO ITS CITIZENS DURING APPLICATIONS UNDER ARTICLE IV, SECTION 36, OF THE COMPREHENSIVE ZONING ORDINANCE NO. 6871 12 GRANTING A ONE YEAR EXTENSION OF THE CONDI- TIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XVI, SECTION 1 (37)(a). 13 GRANTING A ONE YEAR EXTENSION OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XI-1 SECTION 3(2) AND ARTICLE XXIII, SECTION 4(23) 14 GRANTING A ONE YEAR EXTENSION OF THE CONDI- TIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6)(b) 15 ACCEPTING THE PLAT ENTITLED TWIN VILLAS, A SUBDIVISION IN THE CITY OF MIAMI MEETING September 28, 1978 COMMISSION ACTION R-78-620 R-78-621 R-78-623 R-78-624 R-78-626 R-78-627 R-78-628 RETRIEVAL CODE NO. 0024 0025 0026 0028 0029 0030 78-620 78-621 78-623 78-624 78-626 78-627 78-628 DOCUMENT�INDEx CONTINUED 18 19 20 21 DOCUMENT IDENTIFICATION AMENDING RESOLUTION NO. 73-537 GRANTING A CONTINUATION OF THE VARIANCE GRANT- ED BY CITY COMMISSION RESOLUTION NO. 78-185 FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 19(7) (a) & (b) GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC PARK AND RECREATIONAL USE PR DISTRICT, SECTION 4(1-3) ON LOTS 7 THROUGH 10 AND 21 THROUGH 25, BLOCK 16, RAILWAY SHOPS GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC AND RECREATIONAL USE- PR DIS- TRICT, SECTION 4 (1-3) ON TENTATIVE PLAT NO. 1025, RIVERSIDE PARK GRANTING PERMISSION TO CONSTRUCT AND OPERATE RECREATIONAL FACILITIES PURSUANT TO ARTICLE XVIII-I, PUBLIC PARK AND RECREATIONAL USE -PR DISTRICT, SECTION 4(1-3), ON LOT 1, BLOCK 2, SOUTH ALLAPATTAH MANOR AND LOT 43, BLANTON PARK GRANTING PERMISSION TO CONSTRUCT AND OPERATE AN ADDITION TO THE PRESENT FIRE STATION #10 ON NORTHERLY 1/2 OF 20' PUBLIC ALLEY (PROPOSED TO BE VACATED) LYING NORTHERLY OF LOTS 9 AND 10, BLOCK 3, WHITEHEAD AND BLAIR SUB COMMISSION ACTIO R-78-630 R-78-631 R-78-632 R-78-634 R-78-635 R-78-636 RETRIEVAL CODE NO. 78-630 78-631 78-632 78-634 78-635 78-636