HomeMy WebLinkAboutCC 1978-07-27 MinutesJuly 27, 1978
:OF METING HELD ON
Planning and Zoning Meeting
PREPARED 7 CFFICE OF THE,CM CLERK
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1.
2,
3.
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SUBJECT
iACCEPT PLAT: GREEN TRAIL SUBDIVISION.
.1.0.0■1=010.monili
ACCEPT PLAT: MARTA LUISA SUBDIVISION.
ACCEPT PLAT: BISCAYNE FEDERAL PLAZA AMENDED.
INANCE 09
SOLUTION No
- 78-520
- 78-521
.R- 78-522
2a
4. } ACCEPT PLAT: DOUGL,AS GARDENS HOUSING.
R- 78-523 2a
5 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION Ord. 8838
N.W. 10 AVE BET 14 TR. 15 ST. R-3 TO R-C.
CHANGE ZONING CLASSIFICATION
TO C-1. Ord. 8839
6. SECOND READING ORDINANCE:
235 N.E. 20TH TERRACE C-4
rIrST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
E45-91 N.E. 62 STREET R AND C-4 TO GU.
GRANT PERMISSION TO CONSTRUCT & OPERATE FIRE STATION
t' 45 - 91 N.E. 62Ni) STREET (PLANNING DEPARTMENT
4 APPLICATION,)
ti t DENIAL. OF AP1 L.1 CA T. T c,L; : REQUEST WAS CHANGE ZONING
t CLAss:F.CATION 236 N.E. 20 TERRACE C4 TO Cl.
First Reading
R- 78-524
1 i
M- 78-525
10, ACCEPT PLAT: BAYSHORE VIEW BRIEF DISCUSSION: OVERLAY # e DISTi1Ci-BAYSHORE DRIVE. dR- 78-526
11. C DENIAL OF APPLICATION: REQUEST WAS CHANGE ZONING
CLASSIFICATION 2218 S.W. 17 AV F.'... RI TO C2. *- 78-527
12. DEFER CONSIDERATION & REFER BACK TO PLANNING DEPARTMENT
FOR AMENDMENT TO W-1: REQUEST WAS CHANGE ZONING It_ 78-528 42 - 54
CLASSIFICATION 2055 N.W. 11TH STREET W-I TO C-5.
a
13. t FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION '
1 NORTH SIDE OF N.W. 23RD STREET N.W. 17 AVENUE TO N.W. , M- 78-529
i 25 AVENUE FROM -3 & R-4 TO C-5. F rst Reading 55 - 67
14.
FIRST READING 3RDNANCE: AMEND ORDINANCE 6872, ART.
II, IV, VI, AND VIII - PROVIDE DEFINITIONS, INTENT AND
STANDARDS FOR FACILITIES DEVELOPMENT DISABILITIES R-2 First Reading ' 68
& R-4.
— 4
- 6
- 12
12 - 37
37 - 42
ABSENT: Vice-Yiayor Manolo Reboso
Mayor Maurice A. Ferre
O seph R. City Manager
L. Fosmoen, Assi .:tint City Manager
-George F. Knox, City Attorney
.Ralph G. Ongie, City Clerk
• 'tatty Hirai, Assistant City Clerk
An`invocaion was de livereJ Teverend Gibson who then led those
present in a pledge of alleg.ience to the flag.
Mr. Plummer: 'We can begin with some of the items which appear to be
non -controversial if the:,. ,.:e we will defer them for a full Commission,
10,11,12, anJ 13 seem and Appear to be non-controversiait
N;TES QE REGULAR MEETING or THE
CITY COMMISSION OF MIAMI, FLORIDA
* * * * * * * *
fill the 27th day of July, 1978, the City Commission Of Mieiti; 'Florida, met
at its regular meeting place in the City Halle 3500 P,..uu American Drive; Miathis
Florida in regular session.
The meeting was caned to order at 7:05 P.M., by Commissioner Plummer
with the following members of the Commission found to be rrese,.t'
Commissioner J, L, Plummer, Jr,
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R, Gibson
ALSO PRESENT WERE:
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Items
Mr. Plummer: Is there anyone here who wishes to be heard on 10.11,12, or 13?
For the record I see no indication of any opposition. Item 10 i:, offered by
Mrs. Gordon, seconded by Father Gibson, is there anyone in the aud.."'nce who
wishes to discuss item 10, seeing none Mr. Clerk, call the roll.
The follovi.ni resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-520
A RESOLUTION ACCEPTING THE PLAT ENTITLED GREEN TRAIL
SUBDIVISION, A SUBDIVISION IN THE CT"_": OF MIAMI,
FLORIDA; AND ACCEPTING THE DEDCL iIONS SHOWN ON SAID
PLAT; AID AUTHORIZING AND DIRECTING THE CITY MANAGER
AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk) .
Upon being seconded by Commissioner Gibson, the resolution was passed
and adopted by the following vote:
S:
A"E Mrs. Gordon, Rev. G.Lcsoa and hr. Plummer.
NOES: None.
ABSENT: Vice -Mayor Reboso and Mayor Ferre.
•
1
PLANNING & ZONING AGEPIDA
2. ACCEPT PLAT'
MARIA LUISA SUBDIVISION
Mr. 'Plummer: Item 11, offerer: by Father Gibson, seconded by Mrs. Gordon,
is there anyone in the audience vho wishes to discuss item #11, seeing none
Mr. Clerk call the roll.
The following resolution writ introduced by Commissioner Gordor, who moved
itb adopt;.o .
and
RESOLUTION NO. 78-o21
A RESOLUTION ACCEPTING THE PLAT ENTITLED MARIA
LUISA, A SUBDIVISION IN THE CITY OF MIAMI,
FLORIDA; AAT ACCEPTING THE DEDICATIONS SHOWN
O;, SAID FLA , ANI ACCEPTING THE COVENANT TO
RUN WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF FULL WIDTH IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AND AUTHORIZING AND DIRECTING THE CITY MANAGER
AND TEE CITY CLERK TO EXECUTE THE PLAT.
(Here follows `c cf resolution, omitted here and on file
in thc: Office of the City Clerk) .
Upon being seconded by Commissioner Gibson, the resolution was passed
adopted by the following vote:
AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Vice -Mayor Uebosc and Mayor Ferre.
'JUL 2 i 19TG
6
PLANNING & ZONING AGENDA
3. ACCEPT PLAT: BISCAYNE FEDERAL PLAZA AMENDED
ittrarP.7.7 .
•.6.1.12.1:41:t
Mr. Plummer: Item 12, moved by Mrs. Gordon, seconded by rather Gibson, is
there anyone in the audience who wishes to discuss item #12, seeing none
Mr. Clerk call the roll on item #12.
The following resolution was introduced by Commissioner Gordon, who moved
its adoption:
RESOLUTION NO. 78-522
A RESOLUTION ACCEPTING THE PLAT ENTITLED "BISCAYNE
JEDBRAL PLAZA AMENDED", A SUBDIVISION IN THE CITY
OF MIAMI' AND ACCEPTING THE DEDICATIONS SHOWN ON
•
SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT.
(Here follows body of res,.:Ilution, omitLed here and on:file
in the Office of the City Cierk).
upor, being seconded by Commissioner Gibscn, the resolution was passed
and adopted by the following vote:
.YES: s. Gordon, Rev. Gibson and Mr. Plummer.
NOES: Nonc.
ABSENT: VI e-Mayor R.Pboso and Mavor Ferre.
PLANNING & ZONING AGENDA
4. itr.=..FT PLAT: DOUGLAS GARDENS HOUSING
4 14;
Mr. Plummer: item 13, a plat... moved by Father Gibson, seconded by Mrs.
Guidon, is theranyone in the audience who wishes to discuss item 13, seeing
none Mr. Cierk call the roll.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 78-523
A RESOLUTION ACCEPTING THE PLAT ENTITLED DOUGLAS
GARDENS HOUSING, A SUBDIVISION IN THE CITY OF
MIAMI: AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AND AUTHORING AND DIRECTTNG TEE
CITY MANAGER AND THE CITY CLEM: fu EXECUTE THE
PLAT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon, the resolution was passed
and adopted by the -vote:
AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer.
NOES: None.
ABSENT: Vice -Mayor and Mayo: Ferre.
•
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PLANNING & ZONING AGENDA
CHANGE ZONING CLASSIFICATION
6. SECOND READING C-4N a C-10th Terrace
ORDINANCE:
t t :`.?.L
CHANGE 'CN:'NI CLASSIFICATION
N.W. 10 Avt bet 14 Tr.& 1.5 St.
Mr. Plummer: is there anyone here on item 09? Is thert anyone het* t'
10
v ithes to voice at opinion on item 09?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Y.r. P1u r: O. Car, i'e take the second readings or are there cantroversiel
items there? Is there enyome vithet to discuss item 01 which a Second
Reading on Metro -Dade County in reference, to parking? Anyone here wishing
t: discuss item 41, moved by Father Gibson, seconded by Mrs. Gordon. Once
again is there anyone who wishes to disruas item 01, seeing none Mr. Clerk
call the roll on iter. 01.
Mr. Otgie: It's an ordinance.
rir. Plummer: Read the ordinance, Once again is there anyone here who'.ishes'
to be heard ac item +'l, seeing none hr. Clerk call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE h-1,7; '; ORDINANCE NO. 6871, TEE
COMPRIFENSIVE ZONING ORDINANCE FOR THE CITY OF
MIA.'MI, BY Cr.AN,;ING THE ZONING CLASSIFICATION OF
LOTS 3, 4 b E 1/2 of 5, BLOCK 7; SUN1:YBROOF; 2N`D
ADD (4.:3-38) AND LOTS 17. 16 F. E. 1/2 of 16, BLOCK
7; SUNNYBROO 3Rz'i ADD (43-, ) AND 5 1/2 OF 1E7.
RIGHT-OF-WAY OP N.W. 15TH STREET, BCINC N.V. 10TH
AVENUE BE 14TEN N.V. 1.4TE TERRACE 6 15n- STREET
(`tST SILL), TROu R-3 (LOw DENSITY MULTIPLE) TO
R-C (RLsIr,EN71JL OrTICE) , AND BY MAKING TEE
NE(2.SSeRY CK NGr S IN THE ZONING DISTRICT MAP,
MADE A PART OF THE SAID ORDINANCE NO. 6 E71, BY
7E E E CE AN"' DESCRIPTION IN ARTICLE III, SECTION 2
'I-HETW;,ti-, E;i Pam: EA1.1NG ALL ORDINANCES, CODE SECTIONS
OR PARTS '4r_LeZ07 IN CONFLICT AND CONTAINING A
SEVEPJ.EILITY PROVISION.
its firer reading by title at the meeting of June 22, 197E97
was take:. its .eecond end final reading by title atd edoption.
motion of eeme.lasioner Gibson, ceccnde4 by Commissioner Gordon, the Ordinance vas
thereuper given i to second and finaa reading by title and passed and
adopted b. the !envying vote:
AYES: Mrs. Gordon, Rev. Gibson and Mr. Plummer.
NOES: hone.
ABSENT: Vice -Mayor Reboso and Mayor Terre.
THE ORDINANCE WAS DESIGNATED ORI:IiiANCE NO, 8E38
The City Ateorney egad the Ordinance into the public record and announced
that copies veep! ovailable to the members se the City Commission and to the
public.
VIf.?'--McYO)R REBOSO ENTERED MEETING AT 7:15 P.M.)
4
Mr. Plummer: la these .onyeure byre wishing to discuas:5 item 02? Is there
Anyone here who wrsnte two discvss Stex 02, this is is reference to 255 N. E.
20th Terrace. gin tooc :+raat:a to 14 beard. cns item 12, reed the ordinance.
2ove6 by fritter C.ibxov . mecpoliid by btrs. Gordon.
1 .4
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fra. Gordon:
21r. Plummer: Eau ewer decS it before Soso, or at:comd rending.
are. Gordon: Ataright, c+k.
Ta. Plummer: I ce m;;ete is there anyone present who ariahes to discuss iteta---
417, seeing none Dir. .lerk, call t};e Toll.
JUL 271978
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Aft ORDINANCE ENTI' LED-
AN ORDINANCE AMENDING ORDINANCE NO, 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI, BY CHANGING THE ZONING CLASSI-
P'ICATION OF LOTS 3, 4, 5 and E40' OF LOT 6,
DLOCK 3; BAYSIDE PARK AMD (2-40), located at
25S N.E. 20TH TERRACE, FROM C-4 (GENERAL
COMMERCIAL) TO C-1 (LOCAL COMMERCIAL), AND BY
MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE.
140, 6871, BY REFERENCE AND DESCRIP".ION IN
ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEKfCF
TN CONFLICT: AND CONTAINING A SEVERABILITY
PROVI SION.
Passed on its first reading by title at t'f.e meeting of June 22, 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: Mrs. Gordon, Re,'. Gibson, Mr. Plummer and Vice -Mayor Rebo
NOZS: Noce.
ABSENT: Mayor Ferre.
THE ORDINANCE WAS T)ESIGNATED ORDINANCE NO. 8839
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.
Mr. Plummer: Do you want to take over?
(BACKGROUNU L.OMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Well, I think we have about hit the... Is there anyone here
who wants to be heard on item ;t3? There are people, we will hold until a
full Co:nris:-.ion. Is there anyone here on item 4? Are you objectors?
You are objectors, we will hold until a full Commission. Item 5? Item 5,
there is objectors, we will hold for a full Commission.
PLANNING & ZONING AGENDA
7, FIRST RE:A1ING
ORDINANCE:
LITLEVET
CHANGE ZONING CLASSIFICATION
45-91 N. E. 62 Street
R-3 and C-4 to GU
Mr. Plummer: Item 6? Is there anyone here on item 6, 45-91 N.E. 62 St.,
it's in reference to a fire Station. Is there anyone here objecting to item
#6? 6A moved by Gibson, seconded by Gordon. Is that another ordinance?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: Read 6A. Once again is there anyone wishing to be heard on
6A, seeing no one Mr. Clerk, call the roll.
AN ORDINANCE INTITLED-
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE
COMI'REUENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS 3 THRU 8 AND 15 TI RU 18, BLOCK 5;
INGLEWOOD GARDEN $ (13-57), BEING APPROXIMATELY
45,491 Nil:, 62ND STREET, FROM R-3 (LOW DENSITY
MULTIPLE) AND 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 111, SECTION 2 THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT, AND CONTAINING A
SEVERABILITY PROVISION.
Was introduced by Commissioner Gibson and seconded by
and passed on its first reading by title by the following vote:
AYES: Mrs, Gordon, Rev. Gibson, Mr. Plummer and Vice -Mayor Reboso,
NOES: None.
ABSENT: Mayor Ferro.
ABSTAINING: None.
The City Attorney rea0 the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
Commissioner Gordon
8. GRANT PERMISSION TO CONSTRUCT & 6flERATE
FIRE STATION 45-91 N. E. 62nd Street
Planning Department Application
•
Mr. PlurInc-:i there anyone here
wishing to be heard on 6B?
Rev. Gib!,.on: Move.
Mr. Plt=r: Moved by Gibson, seconded by Gordon. This is not an ordinance,
correct? It does not need to be... once again 6B, seeing no one wishing to
• speak Mr. Clerk, call the roll.
The following
its adoption:
r•pass
AYES
resolution was
introduced by Commissioner Gibson, who moved
RESOLUTION NO. 78-524
A RESOLUTION GRANTING PERMISSION, AS PROVIDED IN
ORDINANCE NO. 6871, ARTICLE XXI-2, SECTION 3 (1-2)
TO CONSTRUCT AND OPERATE A FIRE STATION ON LOTS 3
THRU 8 AND 15 TM 18, BLOCK 5; INGLEWOOD GARDErS
(13-57), BEING APPROXIMATELY 45-91 N.E. 62ND STREET,
ZONED R-3 AND C-4, PROPOSED TO BE REZONED GU
(GOVERNMENTAL USE).
(Here follows body of resolution,
in the Office of the City Clerk).
Upon being seconded by Commissioner Gordon,
ed and adopted by the following vote:
Mrs. Gordon, Rev. Gibson, Mr. Plummer and
NOES; None.
ABSENT: Mayor Fcrre.
omitted here and on file
the resolution was
'ice -Mayor Reboso.
JUL 27 1978
9
vat . r VAS we
hold until a full Com<n..ssian. If you would like to review for ssote that
tight have come in late. tie have already completed items 1, item 2, 6A
And B, items 10, li, 12 and 13 which means we ought to be out here in shout
another fifteen or twenty minutes.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mt, Plummer: Yes, sir?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: 07 has not been heard sir, we are waiting fot a full COMMissibtl,
there are objectors here and under our rule we always wait for a full Cotnr'nission,
Fir. The Commission now will stand in a much needed break awaiting the
arrive of his Honor coming from the east with three wise men.
CITY COMMISSION WENT INTO A '8FIEF RECESS AWAlTIN6
AWAITING ARRIVAL OF MAYOR MAURICE A. FERRE.
(MAYOR MAURICE A. FERRE ENTERED MEETING AT 7:25'P.M,)'
Request was
CHA'IGE ZONING CL ,SSIFICATION
9 DENIAL OF APPLICATION: 236 N. E. . 0 Terrace
C4 to Cl
Mayor Ferre: Changing the Zoning of approximately 236 N. E. 2Oth Terrace
from C-4 to C-1. his was deferred by the City Commission on the meeting of
June 22nd. The FlannirL Advisory Board recommended 7-0, one objector
present at ?AB meeting. Are the applicants here?
Mr. Plume::: Veil, Mr. Mayor, I think the applicant is the City,
Mayor Fert'L: Well, this is the Planning Department, Tight, ok, I'm sorry,
Are there any objectors present?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, counsel , we will hear from the applicants first
and then we will have your comments,
Mr. McManus: ?sir.. Mayor, members of the Commission agenda item 3 follows fvom agenda
item 2 in which Braman Cadillac has voluntarily petitioned for rezoning from C-4
back to previous- C-1, Agenda item 3 comes before you because in the previous meetings
'in late 1976 :.n which the previous rezoning occurred, that is from C-1 to C-4?
the Planning Department felt that the Commission had the understanding
that the cvners of the property which is partially Lots i15 and 6 were a
party to thr_ petition of Braman Motors and acquiesced in whatever Braman
Motors was discussing before the Commission. Therefore, the Planning
Dapartment,as the applicant is bringing it back to the Commission and
suggesting• to you that the anvropriate course of action now is to rezone
the property.p. partially lots and 6 from the C-4 zoning back to
C-1. Thank you.
Mr. Kassel : :viz'. ':ayor, Mar6,in S. Kassel , representing Mr. and Mrs,
Howard Webb, the vvners of the particular lots in question, If you will
recall and prior to you arriving here this evening, Air. Braman did approve
the zone sack of the adjacent lots to the east as part his, "deal"
with the City in giving himithe permission to have his Rolls Royce Service
Department on this property. Originally: Mr. Braman came to Mr. and Mrs.
Webb and ask.ed thew to floin with him and they did join. They knew nothing
whatsoever as was testified a the last meeting of any agreement to roll
back, had they known this they would have never entered into the original
agreement, i-ey had Ito reason to. This was strict:r a 7.azontngg of their
property 74hich tht,:y Ireaz to go along with and accordingly they object
to the City zoning them back at this tine as they Lad Tilde no agreement
with the City e.t ziytire whatsoever. 'Mr. Gold, who represented Braman
va.s here inst time, 1 believe he is here tonight and can testify to you
that the Webbs ;rnew aotls_nE aLbnut. any agreement between themselves and
JUL 27197a
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tote Cit ' r that is, between Braman and the City
taybi Ferre: Alright, questions from the Commission?
Plummer: Are there objectors who wish to be heard?
Mayor Ferre: Yes. you had one.
:sir. Plummer: No, other than this gentleman. The
once before who spoke.
(BACKGROUND COI,^1ENT OFF THE PUBLIC RECORD)
-Mr. Plummer: Excuse me.
(BACKGRf1.JND CO:VENT OFF THE PUBLIC RECORD)
Mr. Plummer: No, there was an objector here whore recallgwas adtttery clearly
who is... ok, excused me, ••Tr are in revs
who was speaking .about his bedroom being too close. Was that you, sir?
UNDENTIFIED SPEAKER: No, my clients bedroom is adjoining or just off
this property...
Mr. Plummer:
Excuse me not knowit_b your residence, sir. They are now in
favor?
UNIDENTIFIED SPEAKER: They want it rolled back, they have always wanted
it rolled hack. They resisted the zoning it to C-4 to begin with and they
agreed with them to make the deal go through.They acequiesced in letting
Braman get what wanted with
the
e under.standing they would all be rolled
back and now it's not being r lt
Mr. Plummer: A1rioi.,..
,r. Ong;_e : ;;i r, mould you give us your name for the record please?
Mr. Pau:: Yes, it's Drummond Paul, representing Tom and William Herin.
1•ir. Plummer: :sir,
after all of that, what I really was trying to get to
was 1 knew there was somebody else that wanted to speak, now is the time.
Mr. Paul:
Alright, well, I do want to speak and I recommend to you
nothing more than your own Planning Board's recommendations on this thing
because you don't need any more be4linkedainarBramanhcouldnnt hays eagottenmthe4`
this gentleman whose lot had _
C-4 had not this C-7 - that was the lot next to the C-4, so it is an accommodation
and he came in with Mr. Braman. When Mr. Braman was making the deal back
here
he agreed or 1:e lead us to believe that he would have a snthetwhole thl.ngroy
back if we :ould agree to let him have his shop.
and I accepted this thing that he suggested everybody to do it,so we agreed
to it so that it could be done. Now, it's a different story.
Mayor Ferre: Alright, questions from members of the Commission?
(BACKGROUND C(i*L"1ENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Are there any questions?
(BACKGROUND COnIENTS OFF THE PUBLIC RECORD)
that's exactly, as 1 understood/what
Mayor Ferre.: ,yell ,
and that's what Mr. Kassel is complaining about. I think
ask him.
UNIDENTIFIED SPEAKER: ''es, sir?
Rev. Gibson: Sir, are you telling me that what went on was a matter
Iofthat
accommodation and now it was understood this is what would happen
what you are telling me?
he was saying
you know, he,,.
JUL 21f 1978
•
It tW tFIED SPEA.kEE: We understand that this was an aCCOMiodatitti tzi`-�ip'� `1 i'a�,an, 1 ut
knew nothing about the accommodation.
a'yot Ferre: Come on, how can you have an accommodation...;
Mr, Paul: It meant nothing to us whatsoever that Mr, Braman needed its it
iaas a chance for our party and our client to secure a zoning which was
compatible with the adjacent property. He has C-4 on one side of him already,
he was merely giving him the C-4 to which he was adjacent, As far as he was
concerned he was part of the C-4 parcel, he knew nothing about any roll back
at a later date or any deals or agreements or accommodations or anything else,
Rev. Gibson: Let me ask a question. Where is the Braman ritfit?
UNIDENTIFIED SPEAKER: Pardon?
Rev. Gibson: Who i:4 here representing the Braman outfit?
UNIDENTIFIED SPEAKER: No on. Mr. Gold is here.
Rev. Gibson: fir. Gold? Did you hear what this gentleman said?
Mr. Gold: I:ea. Gibson, at the last hearing I had an opportunity to make a
brief statement about what occurred. What he said is correct. At the time
of the Commission hearing, there w•cs L:Ltore the Cc ni6siCr, a covenant which
Braman itself proffered on the Braman property which inaiuded all the properties
subject to the application with the exception of "lc ;ebb Property. By that
corvenant Braman agreed that it would limit the uses on the property which
it had before the Committee to C-1 usage with the exception of the hodv shop
or rather the serviee shop, that would be allowed to be undertaken just as it
was under construction under a permit issued by the City at the time. It was
we thought. made clear that the only property that was subject to the conversant
both by the legal description and the discussion before the Commission was the
Braman property. Nr. :.erinl through his attorney voiced concern at the hearing
and an effort was made to try and accommodate the Herin concern. As a result,
if you :il recall that hearing, Braman agreed to purchase the Herin property,
not the ','ehh Property,the Herin property, in the event that the Webb property was in
fact used for C-4 purposes to the detriment of Herin, that's how it was
attempted to he resolved at that hearing as best as any of us can understand
through memory or through reading the proceedings before the board. I can
only assure you that all the documents proffered only referred to the Braman
property because throughout the whole proceeding wet representing Webb as well
as Braman/argued that the Webb property should be C-4. That was our position
before the Planning and Zoning Board and also before the Commission, we could
not argue otherwise, that was the purpose of the letter in favor of Herin.
Mr. Plummer: Father, let me tell you where the mistake came, ok, because I
remember it very well. They had to get Mr. Kassell's client's ,'-operty to
appear here, or:, without it they didn't have enough footage. Now it went
through the Zcrng Board and then it came here. That night we said let's change
the zoning c2asaixication for the get -ready of Braman, hut let's not hold these
people up. Braman agreed that night that if we would allow them to go in and
change iiithe minute that the ordinance was changed to accommodate what was
needed, they were agreeable to roll back to the zoning. The problem was Mr.
Kassell's client was not here to agree to the same. No::, that's where the
failing came, I could see it very clearly. In other words Mr. Kassell's client
was fully expecting that if it passed, that the entire track would pass. When
it was passed they, thought that was it, not 1-mowia that Braman had agreed that
once the classification of zoning had been changed that it would be rolled back
and that's the problem we are in and the traditional between a rock and a hard
place.
Mr. Gold: I would only add that we of course, agreed to the Braman property...
Mr. Plummer: You've done what you lived up to, sir.
Mr, Gold: ... and therefore, we gave the letter for the Herin property:,
Mayor Ferre: Ok,
Rev, Gibson: Well, then what will we do?
JUL 271978
We Are daPth if We do and we are damn if toe do i'.
1•Mts Gotdon t Are the llerins here tonight?
(BACKGROUND 1:OMNENT OFF THE PUBLIC RECORD)
Mayor Fevre: His attorney is here.
"Mrs, Gordon: I see. Are you representing hi
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: Are you representing Mr. Herin?:
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mrs. Gordon: And your position is that you want this
tc C-1?
Mr'. Paw1a Yes, ma'am.
Mrs. Gordon: And your position is that you don't
(IiACKCf:Ot;Nu' u0I'NENTS OFF THE PUBLIC RECORD)
Goidun: Ok, do you want to keep it C-4 or you want it rolled back to
(B•
ACKGROUND Co MENT OFF THE PUBLIC RECORD)
Mr Plum; 1 tell you 1 don't know what's right, I really dont know tJhat's
right, we can't win.
J.Mayot Fer,' . Well, I know what's right.
Mr. Plummr: we goofed up by not getting the Webbs to also agree, that's what
happen There is no question in my mind where the goof up came.
Mayor Fevre: Well, what's the will of this Commission, the chair is now open
for a motion.
Mr. Plummer: This Commissioner would like to hear the wisdom of the center
chair.
Mayor. Ferre: Oh, I have no hesitation, I think that you cannot impose somethins
on a property owner without the property owner's knowledge
and to eth ng popositiolike
n,this I just... I'm sorry Counselor, but T think Mr.Kassel
I'm not with the department on this one.
Mr. Plummer: In other words what you are saying, once you give them the
candy you can't take it away?
Mayor Ferre: Well, what L'm saying is that you can't treat people like that,
that's what I'm saying, you know that's my position. Now, I have no
on that. Well, you know, I'm just one opinion.
1;- v. Gibson: Let me make sureIunderstand. Mtr. give consent.
you
outare saying that
these people did not snow, the, were Mayor Fevre: 'that's right.
Rev. Gilson: You were not here to give consent?
Kassell: Mr, Webb knew nothing whatsoever of any agreement to roll back.
Mr. Paul: The reason was if I may addiis because the whole application
Wa;, Braman's application and it was represented by Mr. Braman's attorney,
This gentleman's client was the man who had the lot next to C-4. They had to
presented
go to him to get him to make their deal, so he came along and Braman p
1t, t.1ed his lots in with his lot so 3s to present the package and then
when we Feat down here and they want to get this thing through and it's a
tip
mat`tet of it falling on it face or having out agreement on the thing, they
take promises that they will roll it all back because it was that heating that the
,.ril.y person here representing the petition was Braman's attorney and he represented
the trackage.
Mayor Ferre: Well, l don't know who made what promises, but the point is...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
iayor Ferro: ..that these property owners have certain, in my opinion, rights
that you cannot abrogate just because somebody promises for them. Now, if you
don't tell them what they are doing and they don't... and they are not pat
and parcel of i. t , then how can you force them to do sc':re _'., 4 ng?
Mr, Gold: Mr. Mayor,...
Mrs. Gordon: Excuse me, is your client's property directly south of the.:
application or is it further west or east?
(INAUDIBLE RESPONSE OFF THE i'Ui3ILIC RECORD.)
Yrs. Cordon: Would somebody put their pencil on that?'
Mr, Pais'_: We are at the..,
Mrs. Gordon: Point to it.
Mr. Paul: Our lots are 2
Mrs. Gordon: 21?
Mr. Paul: Fes, right icross the alley from where... go right up there.
Mrs. Gordn: And is there a C-4 abutting your property on the west?
Mr. Paul.
Mrs. Gordon: And is there a C-4 abutting your property on the north?
Mro Paul:
Fes, :Ma'am there is. There is a used car lot...
One lot, yes, Ma'am.
Mrs. Gordon: One lot or two lots?
Mr. Paul: Well, one and a half lot it looks
Mrs. Gordon: Well,...
Mayor Ferre: Almost two lots.
Mr. P1uruner. Mr. Drummond, let me understand now. Are you saying that you
are 21?
Mr. Paul: 21 and 19. Sir, 19A. :dove the pencil to the right there,
the two lots and there we are, that's right those two lots, they are our lots.
Mr. Plummer: So, to the west you abut C-4?
Mr. Paul: Yes, sir.
Mr. Plummer: And to the north is C-4? "
Mrs. Gordon: C-4.
Mr. Paul: Immediately to the north i
Mr. Plummer: And to the south is C-1?
Mr, Paul:
it .s C-_.
?es, or a residential—, yes, there is C-1 i,n there, all of
Mrs, Gordon: The extension or the retention if you want to put it that way,
of this lot that's 'before us tonight, C-4, isrt't directly abutting this
geritj.etart' s property in either event as I see it, maybe for about silt feet
or eight feet or ten feet or something like that.
Mr Plummer.: Which is the lot in question?
Hr_ Paul: It's ri rtht , this is the,.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
fir. Paul; It touches it in a catercornered
in between here.
Mr. Plummer: Mr. Paul, sir, maybe I'm all wrong, but
don't know why you would want to change it back, sir,
Mrs. Gordon: Well, he doesn't.
Mr. Paul: Simply because it makes for a more liberal and objectionable
business use and furthermore, now Braman is right nest to a four and he will
come in here... could come in here next week and want to change the whole
thing up to Biscayne Blvd....
,.Mr pu^L ',r: ;. Paul, I can deal with next week, next week, ok. :'m sitting on a
1 •tr.'
horn of d:lemna right now. Now, let me tell you sir, you know, I maybe up
until this point would have felt differently, my bigge:::t objection in this
man having a home would be that usually associated with the C-4 is noise and
things o:: that nature.
Paul Exactly.
Mr. I'l.unmle: Now,
he's Fot it now, whatever is there
C-4 on two d' f iereut sides.
I don't deny that, sir.
.'r. i1um er: Does this gentleman... is he aware of what the
of -his' would be if the day comes that he goes to sell it?
e didn't offer to sell the property and he is not offering to
ir. Panl
sell it now.
Mr. Plummer: I understand that, sir.
Mr. Paul: He has got a right to have his residential... he has lived there
since 1924, this is residential to him, he is not interested in somebody's
business deal.
Mr. Plummer: It's not going to change, he still lives there.
Mr. Paul Oh, I agree. Well, alright, but that's his argument Mr. Plummer.
He wants to stay and the other people...
Mr. Plummer; He is asking us... he realizes that if we do what he asked,
we are going to cut the value as it stands today in half. Is he aware of
that?
Mr. Paul: He has no objections to that.
tr. Plummer: I wish I had that kind of money,
Mr. Paul;Certainly that's not money, that
live there and you have...
Mr, Plummer: I agree.
Mr, Paul; ... objectionable operations. The Braman Cadillac
cars there afnieht and doing a lot of things they are not suppose
doing and so what do you do? everybody's got it.
, Plummer: I agree, but I disagree. Mr. Mayor, I'm ready to make the motion.
11
is repairing
to be
JUL. 271978
■.11■•IIIIII III II III III II I II III II I II1111I I I1 II..uIiiE
AYES:
"'OES
UNlDENTIFJ:.i) SPEAKER: Thank you, very much. Your Honor.
Mayor Ferre: Alright, thank you.
Altighty I was on the dilemma until I found that the man was surrounded by
No portions of C-4. Mt. Mayor, it's unfortunate we find ourselves in a
position such as this, let's hope we learned something from this kind of a
situation that won't happen again, Mr. Mavor, this man was zoned C-4
this parcel of property and in my estimation the problem of the noise that is
normally associated with C•-4 is already there. I say that we overrule the
applicant. Is that correct?
Mayor Terre: There is a motion on the floor, is there a second to that motion?
Mir. Reboso: I second the motion.
Mayor Ferre: There is a second to the motion, is there further discussion
on the motion? Call the roll..
The following motion was introduced by Commissioner Plummer, who mooted its
adoption:
MOTION NO. 78-525.
A MOTION To OVERRULE THE REC0MMENDATION OF THE
PLANNING ADVISORY BOARD AND DENY APPLICATION FOR
A CHANGE. OF ZONING AT 236 :+. E. 20 TERR., FROM
C-4 To C-•1.
Upon being seconded by Vice -Mayor Reboso. the motion was passed
adopted by the following vote:
Commissioner Rose Gordon
Commissioner J. L. Plummer., Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice -Mayor : tano'lo Reboso
Mayor Y.iuri.ce A. Ferre
Mr. Paul:
•
Rose, thank you, for bringing up about the C-4.
PUBLIC HEARING
10. ACCEPT PLAT: BAYSHORE VIEW
Brief Discussion: OVERLAY DISTRICT-Bayshore Dr:ve
ld i.!5: p•TCT"� T +4.t t� k1 r' E rii Ft7,� ►y �' . •a • : 'r ; 'i �; `' } 414"° v
Mayor Ferre: Alright, we are now on item #4 which is accepting the Flat
entitled 3..yshere View , at South Bayshore Drive at approximately Calusa
Street. ?la,. Committee recommends. This was deferred by a City Commission
at Zene 22nd. Mr. City Attorney.
Mr. Knox: What was your question sir?
(BACKGROUND CO:tMENT OFF THE PUBLIC RECORD)
Mr, Knox: Yes, sir. Well. I can advise you of a development that may affect
your deliberations this evening. I have been advised and as a matter of fact.
I'm in possession of a lawsuit which was filed by Fred Stanton Smith and
Geraldine Smith, his wife against. James G. Robertson and Lona D. Robertson,
his wife concerning the interpretation of a provision in a restricted convenant
that ran with the land that's currently in question, so that the question of
interpretation of that provision is now a judicial one. I can also advise
you that there is no court order that I at: aware of at this moment, that
would preclude your taken` ary eetion Li -.at y u may choose to take. However,
again: the matter is now before the court with respect to whether or not more
than a single., a one single, single family dwelling maybe situated on the tracks
that are in question.
r.9
Mayor Ferre: Now, you are going to have to tell me in English because I
ou know., I understand legalese? but I have to think about it a long tithe.
and I'm not in a thinking mood,
Mr Plummer: The first time we ever had to have a translator.
(BACKGROUND CON ENT OFF THE PUBLIC RECORD)
Mayor Ferret In other words, can we rule on this thing or should t
the Judge rules on it? Now, which one is it? It can't be,bothr
Mr. Knox: If you rule on it...
Mayor Ferre: It can't be both.
Mr Plummer.: Sure.
Mr Knox: Tf you rule on it and a Judge determines that the property cannot
be subdivided in the manner that's contemplated by the petitioner, then you
have performed a legislative act that simply cannot be enforced by virtue
of an agreement between private individuals.
Mayor Fr. r. - . Now, •1r. Knox, I'm goine eo ask you n question and i II tell
you what it i.s before you keep on going. We were on the horns of this same
dilemma this morning ou another subject. Weren't we? :About whether or not
we should vote on something tht.t was before Judge Eaton in the Federal.
Court and Lids Comiissinn took a posture on that.
Mr. Knox: Alright, now I was not...
Mayor Ferro: Tell me the difference between this one and that
Mr. Knox: ....asked this evening to make a recommendation to
or not von shoeld consider this matter at this time.
you as to whether
Mr. Plur:Mer: Mr. enox, will you recommend to us whether we should hear
matter this evening or neat??
this
Mr. Knox: In light of the fact that the matter is now before the court and
the resolution of this particular legal dispute will provide more guidance
to the City Commission, I would recommend that it be deferred until after a
court determines the controversy between two private parties,
Mayor Ferro: Anything else on this item?
Mr. Plummer: The Doctor wants to speak.
Mayor Ferre: Yes, sir. Doctor?
Dr. Robertson: I have not been served on this suit, nor- to my knowledge —
has Mr. Rice been served on this suit. The suit is named under the name
of Lona D. Robertson, who is my ex—wife and she owns no part of this land.
It was served as with our address on Bayshore Drive 2461 where I haven't
lived for ten years. So I think there has been a misservice and I feel that
the Commission may have a right to hear this. Thank you.
Mayor Ferre: Alright.
Mr. Plummer: I got to remember that one.
Mr. Knox: I can merely respond by saying that whether the assertions by
Dr. Robertson are true or not these assertions would properly be addressed
by Judge Satin, who I understan0 has been assigned this case and this be,.,
again we are talking about legal questions and this is not a tribunal for
the resolution of legal questions,
Mayor Ferro: Mr. Rice?
JUL 271978
4,
Mtn Rice: Well, first of all we have been here quite a few tiniest but there
has got to be an end to every road and I think now is the time of getting
with it We have an opinion from your Planning Department that says all
the requirements that's required to be made have been met and so we are here
properly with everything done. There have been two cases filed. The first
case was the Tigertail Association and in that case the attorney says that
this Commission has the authority to pass it under the opinion of the City
Attorney and the Planning Department as what you are doing as a ministerial
act. There has been a second suit —and by the way an injunction was tried
to had in that case and the Judge denied it. Now, we have a second suit
which is an injunctive suit,by the waytend was filed Tuesday. There has
been no hearing on it and I spoke to Judge Satin today. If they wanted to
get an injunction they could have gotten into court: and gotten one. They
haven't gotten it at this time. In that particular case and Mr, Knox, your
City Attorney, will I'm sure read it to you if you care to hear it, says
that what you have to do today in a ministerial act and th•,t under the existing
posture of the case the plaintiffs have no relief except in the court of equity
which means they agree today absent of determination of whether Mr. Robertson
can build one, two or three or replat the particular property that this
Commission today can act. Thirdly, you know, the most important part of this
is we don't mind litigating. 'There -are two cases pending, why not litigate
everything? Why not litigate the fact as to whether or not we are subject
to Section 43; which your City Attorney says it should be repealed an' .anich
really isn't involved in this case; wiet;t i or not you can m ve administratively
in this case which your City_ Attorney and your Planning Dep.::rtment say you
can: why not let the court decide all the issues, pas, the plat, then everything
will be in front of the court, then you will have a rule and guide to go be in
the future and I think that's desirable, this isn't the only piece of property
in the City. You know, it's hard enough to do anything if you follow the normal
procedure, but to come down here day after day and then go to court and maybe
we are going to litigate for six months and then find out we got to go back again
and face this same thing, it's just isn't the American way. I'm asking you to
gust give es our day in ccur:: as to all the issues and let the court decide.
Now, we don't object to that.
Mr
Mr. Rice: We will let the court decide everything.
Mrs. Gordon: ... may I point out that Mr. Rice has made a statement that all
conditions have been met. Well, I say that all conditions have not been met
and that is because this application was never reviewed by the Environmental
Preservation Board and this is an environmental preservation district and I
r believe that the error that was made by not sending it to the Board would be
compounded tonight if we took any kind of action whatsoever. In fact,l believe
we should send it back through the route that it came to this Boar2 and have
this error corrected, let it go through the proper method that it's :.opposed
to take which is that it should be ruled on in light of the area that Is is
located. And if we took that up before when we discussed the fact that it
bypassed the Environmental Preservation Board and we were told that someone
made an administrative decision that it not have to go there and that decision
was an error. Who made that decision Mr. Whipple, I was told the last time?
Mr. Grassi : I wonder Mr. Mayor and members of the City Commission, whether
we can ask our Planning Director to comment on Commissioner Gordon's remarks
because I think that he has quite a bit of background on thet.
Mrs. Gordon: Ok.
Mr. Grassier So Jim Reid will comment on that.
Mayor Ferre: As you do that)Rose, in the third paragraph of this memo in
front of us, it says the subject property is within an environmental preservation
district, but need not be reviewed by the Environmental Review Board until
development activity occurs.
Mrs. Gordon: Yes, but that's where it's wrong. The reason it's wrong is
because it changes the character of that area and that's the key sentence
that's in that same memorandum than you are reading from.
Mr. Reid: I would be happy to r.espond,Mr. Grassieland Mr. Mayor and members
of the Commission. This issue was raised July 5th at the Environmental
14
JUL 271978
Pfaservation Review Board and was responded to verbally by inv staff at that
►„e andjstlbsequently, I received a letter from Henry Alexander, the Chairman
of that Board, basically suggesting that. the Environmental Preservation Review
goad be a part of the administrative review process as when plats are under
review by City staff and it was our position that the platting processtand we
consulted the L,aw Department on this, should be carried out as an administrative
function and regulated by the Zoning Ordinance as ft is currently regulated and
if the Commission wished to have the Environmental Review Board as part of this
atoce.ss they could so indicate by amending the Zoning Ordinance. And it is true
that the Environmental Review Board does review building plans, so there is
sohethine to be said for they do get into the decision process at a later point
in time. AcL in terms of the platting process we felt in reviewing the law
that there was no legal.,basis to have them enter in as a participant into the
process.
Mrs, Gordon: :Again, to the esteemed Director of the Planning I)epartment, I
agree with you to the extend that every plat does not need to be reviewed by
the Board, but you.; are dealing here in :► specific kind of a district which has
an environmental protection on it and if you are going to bypass it and if you
are going to plat it into arch kinds of pieces of lots that when it comes to
obtaining a b>►ildine permit you can't logically refuse to grant a permit on
a platted lot. You see what I mean, you are actually.., you are compoundin
the problem is ':m are going to do it after the fact .
Mr.. Reid: Veil, the Statutes as 1 •_:;,; erstand it)dues allow Eor review at the
h+aildir.g permit stage and if what you are saying is tha,. this review should
c►cur earlier, then it should be supported by a ciange in the Ordinance to so
uthori ev aneh a review.
Mrs. Gorl n: Since this is the first time that this kind of a situation has
come to ftis table for review and this is the first time that an application
threaten:, the neighborhood to the degree that this one does, I believe that it
wo Jd be pre per then for us to send this back or to keep this deferred until
such amendment to the r. adinance was prepared and this he reviewed again by
that Board.
Ma„or•Ferri: vcw want to say... do you want to add light to this?
;gat..:: Yes, If f may. For the record my name is atherine Katz, I'm
representing, Mr. and Mr.s. Smith. A lawsuit was filed on the 25th to enjoin
the possible violation of the declaration of restrictions on the property occasioned
by the application for approval of this plat. At this timetthe City has not
been joined in that lawsuit the thinking being that the matter would he
deferred until the outcome of the lawsuit was determined. If the City were
to take action,I'm afraid we would have no choice, bat at that time to join
t?ie City n.E according to the violations which we would not like to do.
Plummer: We are big boys.
Mayor Ferre: And girls. Well, any more questions or comments?
Mr. Mark: One other comment. I'm Bryan Mark, I represent the Tigertail
Association an(.' t•.:o other civic groups, Bayshor.e Home and Association, and
the Coconut Grove Civic Club. I would only like to comment to this extent
that this plat which is before the Commission tonight is based... really the
reason that it is before you is that there was an opinion made by the City
Attorney that the Ordinance 43 would not apply because of a road being cut
through the property. I think that if you were going to ... if the Commission
wos respondent al the last meeting must take the City Attorney's opinions in
these matters, well you have an opinion tonight that this should be deferred
until after this litigation has been resolved and I think that we should be
consistent and follow both the opinions of the City Attorney.
Mayor Fcrre: Alright, we have heard our City Attorney's statement, we have
heard Mr. Rice and his client's statement and we have heard a closing statement
from attori►evsiand Mrs. Gordon. I think we are beginning to repeat things and
I think it's just time for this Commission to make a decision one way or the
other, And the Chair is now open for any.type of motions.
Mrs. Gordon:
move to defer this.
15
JUL 271978
RIM
MDR
•
•
nayor
n sel'.to:- to the T.ott
nrs. Gordon: Of
ate action
Mayor Porte: -191(:•
y ,
Mr, Plumnet:
the motion.
Mayor
Mr. Plummet.:
going to
the tight
of which d‘r:1,c4.1.,',A
If Docto:'
already in
ovetin<7,
my mlodne :i,
or Mr..Stni.on
in order. '
Javorer.,
the perniLi'14,-„;
r.
Dr,
you d'Et
a
Lime'ane'
argument
they'
Mayor ferr-
the motioal,
Mr. Terr:Mr-
Maydr
Mr,eriv:
Mrs. Gordon„:',
Terry:
all of the
matter. L do
tonight
meet: irad
ComMiss,;,ont::
comNunity and 1
with simply one
The peoi)lt! I
here to34:c.;
the new a-;141
people dily
end wont “Ake
'with •
, • ,
•••
Lb re
_ -tete
—rthe•MOtion?
•.• • , ,
gecond
•
At
-iaol:\tedIand
e CI
by
re1ten5 the
nhcereed•here,
will elaborate.
concerned
thronght
4aJ,KIng ,;q7)01,1t
vIth r1-16 law
'TnaveOU1 1340(
here tonight
JITv3hore.Bou1evard
. .
• . •
that rnmebody is concerned with or are we concerned about Grand Avenue and
Douglas, Oak Street. I wonder about that, 1 Mean, the last tiMe Commissioner
Gordon said that if this ation was. taken by the petitioner that it would
tuna Coconut. Grove, I don't see how. I don't understand whether or not
we ate concerned with just this part of Coconut Grove or the whole of Coconut
Grove. Is it more threatened by putting some hard-core, unemployed to work or is
it more a threat b; having these people not have something to do and maybe
cote out and &F.r somebody's home on Bayshore Drive? And I don't recommend that
and maybe my cmments or my staLemc:nt.s her.t- are not exactly in line with the
way things have ozone here tonight, but I really feel very strongly about this.
Just one more brief statement,Nr. Mavorj };efore T sit down. I think I know
what I'm t7.1king about because I'm an ex -con, t did seven years in prison
because T took something, I took it because T was desperate. And I think that
this shouldyif it's not in the Charter or the Ordinances or whatever he a
consideration. I meat,. if 4e "'re going to say someone can't do this with
their property or someone can't build here simply because it's going to cut
down on whatever or 1.0 _; g;oiiiz; to ;�h13nF_",e the environ'iit in such a manner that
I'm not going; to have so ouch yards or whatever the rase might be. If we are
going tc, look at that more s.. than we are going to look whether the fact that there
more employment, more construction is going to provide more lobs in this area,
put more people to work and less people in jail, then I think we need to take
another look. Thank you.
Mayor Ferre: Thank vo..r, Alright? Well, l think the arguments ar.J the presentations
have all been made and at this time. I'm going to call. the •.;uestion.
The proceeding; motion introduced by Commissioner Gordon and seconded by
Cor„missicncr Plummer for deferral failed by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Coturr ss inner Theodore R. Gibson
:; +«:io e?beso
May : r Maurice A, 'er re
ABSENT: NT nart .
ON R(JLL
'la ,er I e? rc That puts the decision on my shoulders. Let me tell you how
T. see this ,:i,3tter, I think whitRose Cordon is saving; and those of you in
ttie Coconut Grove area that's affected have a valid argument on the legality
of it, but this is net a court of law, this is a City of Miami Commission
and I don't have the experience that Rose does on zoning or that Plummer
does, but I think that I have to be swayed pretty much by the arguments as
presented -.y the administration. And the administration has gone over this
and if I'm not mistak .n and has made a specific recommendation. Is that
right Mr. (rassie?
Mr. Grassie: That's right>Mavor.
Mayor Ferro: Anci I have been }out of courtesyl trying to see if perhaps
through giving, thes people more time that somehow some kind of a solution
would be arrived at and we have been stalling this now for how many months
Mr. Knox or Mr. Rice? How many months have we stalled this now?
Mr. Ri,., : Threo or four months.
Mayor Ferre: Now, as 1 understand it from our City Attorney, we are legally
bound to give somebody a plat. Now, there is a lega'.question as to the
definition oa that, that's gotto be determined by a court of law, not by
the City Co►nni:sioners and I think that's where you are going to have to
determine that, not here . And li therefore, will substain the administration's
dneci iou and will vote with their recommendation and therefore against the
rt:ok ior� .
Mts. Cordon:
that toe;,
g;ainst your own attorney's advice. Let the record records reflect
Mayor Ferro: The (lty Attorney very carefully pointed out that he thought
tb,it we could rules on this thing because the matter was going to be determined
n court. 15 that correct Mr, Knox?
JUL 271978
MEM
MEM
mmE
•
■
•
•
e:�
e'clude...
Mayor Ferre:
And then I asked
record just :Ike
Was that as
he didn't spet�i-
decision.
Mts. Gordon: 141s
recommendation ve h•.
Y 1
firs. Condor.:
Mayor Ferre:
was) but preVi6us:
Mts. t;ord.'r;
. 'r. i:nc<:T iridi
considerina this -
the seb,jec.n of
recommender
Attorney Lc seek
this Ht: .
be of. inte:ost
between -;r .
then we Jrtier'
recommend '. erg
.Mrs. Gorden':
for, repeeti
Mr. Plummet:
vote of the mo
Mr. Oncie:
Mr. Plummer:
Mayor Ferro: There
the plat becave
where we are
'for any mo"ionsal'
.Mr . Pi.ur,:mer . You don
_ vote? They ere all'
Mayor Fcrre. To gar 'x�
has to make a mo:Lo
again.
Mr. Plummer: 'I'tr'.t.,
Mayor Ferre: r,try
was ceferree on inns:
in favor j t. The
deferred. :r.,-. •
Commissioner Prow..::
was defeated three ,
what we ,ow need;
plat.
Rev, Gibson;
the City
yoUi':`'l: .
we Ti,:':
t:"r.ttie
would
,ould .'preclude',
pie I .wanted it oh the
-e .t°,aS : and hi?: - advice
that..we should rule, but
that's what determined my
advice,... your
ion
s iqn
171X ertt1ti. being
ason fc'r t1:4'C
to of accepti,�
ction :that would
l'iiis. dispute is as
,r, ,es; .tio
eason that 1
-;..n iLiiis..Iaws
h an
t
it .
+au ,
orne,r,i.a .mgtior...for.accepting
pis647. it4111 to cielrer. Now
that correct?_ So I'm open.
out: that easy on that
ye:;., Nobody
:are at .ground.zero
before us that
t e,has recommended
;ai:natter was
'further deferred,
1./bt and. that notion
e us, so in effect
seer. ;o L;caept the
but I heard
sa`I- hen or if
sale this, that
5_,4d to us.
•
Now, fry my friends in the Grove I want to rehearse two things. I did go
to Law School for one day, i constantly remind people of that, !number (2),
remember so well on that piece of property- lets see, where is it? Is it
over here? That island? Where is that island? Over here? Over there? I
remember so well. shortly after I came on the Commission, you begged me to
vote to send you to court. Do you remember that? All but , I voted to
send you to court. :After T sent you to court you said ah, great, do you remember
that?
Mr, Knox:: That's right'.
Rev. Gibson: Oh, yes, you all remember that. So what happen is we sent you
to court and the court rendered a decision. Despite the fact that the court
rendered a decision, the decision was against us in the Grove. Do you
remember that experience? Oh, you ought to. I shall never forget that one.
I thought that I was doing what you wanted and l was satisfied and even after
you went to court, Judge was the fudge, do yeu remember that? Oh, yes,
you ought to remember it and gave a decision and you were not happy
even after my vote was the vote that sent you to court. Do you remember that
Plummer, you got a darn good memory, do you remember that? And despite all of
that... I just thought I would rehearse so that nobody would think I'm sittir.2
up here sleeping and not knowing what was really happening. The Attorney
said to us. 1 want to repeat prior to tonight, the law is you have no choice
hut to aeee7t that plat and record it. Secondly, 1 remember hav4.nh done what
you wantc;l me to do, send you to court and even after yo.J went to court there
was no happenings. You were confident at that time ::ou were going to win and
I just thought I ought to rehearse those two things, so that nobody would call
me a bad fellow. Ok?
Mayor Ferre:
Ok. Now, does that mean you are making a motion?
Gibsoe i make a motion. Yes, I make a motion to accept the plat.
'(BACKGROUND COMNENI OFr THE PUBLIC RECORD)
Mayor 'tfrr.e. vho s conds the motion?
Reboso: I second the motion.
Mayor Ferre: Alright, is there further discussion on item
Mr. Plummer: Yes, becausetboy1I'm right in the middle now. Mr. City
'for the record as repetitious as it might be, it is your instructions
Commission that we are duty bound to vote for this if everything is
and according to you everything is in order. Is that correct?
Mr. Knox: As to the City of Miamiythe Planning Department h.,s indicated that
all of the requirements of law with respect to this plat have b ,en satisfied.
The second point is that the City Commission must accept a plat when that
plat is properly before the Commission. The third point is, it appears that
the matter is currently before the City Commission in light of the fact that
the City Commission voted against a deferral of the matter.
Pitut�mer: So you are saving that I have no choice in my vote.
Mr. Knox: This plat must be accepted at this time.
Mayor Ferre: Ok, Plummer are you ready to vote snow?
Airs. Gordon: Mr. Attorney, pertaining to the opinion that came from you,
signed by you relating to the special yard district required to meet the
200 foot front alignment where no lot space on South Bayshore Drive,'is an opinion
that was not based upon any prc.cedent7 that you had to go by, any previous
type of applications within the City that would be similar to this, is your
own personal opinion of a situation where you had no basis in a previous law.
Is that correct?
Attorney,
to this
in order
Mr. Knox: Except that in my opinion the definition of front yard is clear
on it's face and that was not based upon any precedent that was based upon
a reading of the requireruente that set forth setback distances for front yard
and the definition of front yard is one which fronts on the street that's
in questionOn my professional opinion,
19
JUL 2`( 1978
•
•
MEM
MEM
MEM
•
on t"
5'.tuated t it.hiii
hdusa arid that in i'ati7
front yard setback?
Mr �Knox... In i}` o n
defined as the place,
are the nurnhers on
it opens. Tf r r
opinion that i'on 1,r
that house_ ha_s, an('is
is on Bayshore
Bayshere Drive.
Mrs. Goro
street'
Mr, - Knox: �.
Ilayshore1)ri
contemplated
13ayshore Or
Mrs,
Mr, Kno:
Mrs . Ger
Mr. i ao
street_.
front -v
Mrs -.',;or
*91
- .pub1.1 <.`
Mayor F� rrc
that 1 woua
• inforitatioi
Mr. Marie:
this.
Mayor Ferro:
hasn't': mn
you< repOar ;s
orde7r r
:,-Mayor- Ferro.; n
YQU want and ,anvth'
order, and uewi, , r
Mr, Mark: 1 th r
were. a
and 1 don't knew.'
our organs, a::iPii','s
Mr. ?).Li
speakers.
i can't,
t to,it'1 i 1e
^rti �i c; b i tii
nt. of the house Would.be,
sheet and that street
for the street on Which
Drive address, then in by
tints on Bayshore brive. If
'yy..the side of. the house'
tise .d.oes not front on
plattt,'
rsects
t the last meeting on
-something new to Fay that:
t'll .let you `say it, but the moment
aid. -I'm_ going to rule you out of '.
;t.ari ,two speakers' at 'the last meeting,
t eak and :there are many people tonight,
rid speak. 1 tell vou,yrou can say all
at f,s. renetit4=-'4s I will rule you out of
pecker, ,, 'Co ahead.
t ion' that you could raise. There
i.e.he:CCity Attorney, legal questions
iswered. to 'the Commission, 1 know
to' the'' City . , ,
would like to dear the.
che_people, in the bZek, ,
JUL 271978
1
MEM
•
.:ayet Ferre: Mr. Manager, could we have somebody to go back because you
see, the room is full all the way back there and what happens is that people
get bored l guess and they just start talking...
Mr. Plummer: They ought to sit up herd. they will never get bored,
Mayor Ferre: ... amongst them al.. Well, some of them might try to do that one of then
:lays, Plummer.
(1Nr'.UD1BLE COMMENT OFF THE PUBLIC RECORD.)
Mr. Mark: Not me,Mr. Mayor.
Mayor Ferre: Huh?
Mr. Mark: Not me.
Mayor Ferre: No. Alright, lar',i.es and gentlemen, especially those of you
it the 'pack l would be very grateful if you would have the courtesy of letting
the ladies; and gentlemen that are going to be speaking address themselves and
then "wo wk,u' t call the nue: t ion until we get further down later on tonight.
:ir. Mark: •c:., as 1 sa •1 before my name Is Bryan Marks an attorney: I represent
someof the c vic groups that are oppoz,iu„ this plat. the i •-sues... 1 just
want to remind the Commission of some of the thir;i;s the t transpired at the
I�st rr:eetin* because I think that some of these thins are now forgotten. There
Mayor Ferre: Excuse the interruption but they are waving at me because I think
we are going to have: a whole bunch of speakers and I think we are going to have
to limit sT:eakers,: otherwise, we will be here until 2 o'clock in the morning.
Mayor Ferr , . LeL'.s :;re no. many people want to speak tonight on this. One,
two, three. :our, r vtl, six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourtee'n. fifteen, sixteen, seventeen, eighteen, nineteen, twenty. I 'counted
.bout dl...JUL twenty, three minutes would be about...
Mr. :'.ark: About six of them are ours and the balance...
Mayor Ferre: Well, I will give you fifty, fifty on equal time and we
divide it any way you want. Is half an hour on each side sufficient?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Is that alright with you Counselor, a half an hour?
Mr. Mark: 1. think so.
Mayor Ferre: Ok, so those of you that are speaking on this side you got a
half an ho;ir :_*rd those that are on this side you got a half an hour and you
divide it any way you want it. I'm not going to be...but here is what we will
do, every time three minutes goes by you will tell somebody and if they want
to - ou know, change i t, that's up to you.
Mr. Mark: Well, Mr. Mayor, you know, I might add tr.;, possibly we have a few
minutes to organize ourselves to make our presentation because we really believe
that based .n the opinion of the City Attorney which we assumed the Commission
would accept, this would be deferred until the legal questions in the courts
were answered, And 1 think. there would have been a much more substantial
turn -out had that item not appeared in the Herald and a lot of people thought
that since the Cot:niissior, is always following the City Attorney's opinion
they would continue to do that tonight,
Mayor Ferre: We did,
Mr. Mark; Well, that's a question that I...
Mayor Ferre: In my conscience 1 think that I followed th
21
JUL 271978
&
(BACK
Mayor {\
zw e§p DX
objector
Mayor Fo
j}]\tom ' \
(BACKGROUND;
Mw or F rr
of turn?
(EACKCROU :
Mayor eery
what .dc !. t§
(KO
Mayor
(BAC ROUND
Mayor Ferrel ;7
as we get throng
be number '7 ~,\;
(BACKGF4,0111,4TD,
Mayor rre;'
because / »);id:
( C GROe ? CQ!
Mayor Fer e:
Mr,,: # d Se )
wars pn \
Pie
PUBLIC, LC RD)
number 7, sir.g ve
x e\ 5 "we have alread
9 the people
her than me,
111PArd:that`
'ed) O¥ AP bP:
JUL 27197E
Mayo e rre • Ok.
Counselor it's your turn,
Mayor Forte We are starting off from zero. Got
Mr Mark: i. hope that the Commission will take the comments that We ate
going to make in the spirit that you are going to vote to approve this plate
Now, I hope ' o<t will question in your own minds why you are voting on something
which you have no choice: on. 1 don't really in my mind as a lawyer understand
what your vote represents if you only ran vote ve s. I think you ought to
ask your own attorney that and try to come to some conclusion of why this
is even here tonight if there is a vote involved, but i'o t to go on, I think
you all know where the Subject property is and what it ekitai.i:.:, It's a
property. ':hat has ftr}since the beginning of Mialuitbeen an estate located
on South B:::yshore in the oldest section of the City or one of the oldest
sections. It: has many beautiful t':.ings3 tonight and i r' go into details
since we have some man:: other items, but there are some points yoe, should
understand because it. is <I ('.t'.•ironmental.ly protected arca. I t.11:ink
this Commission shcul1 taco special exceptions to what's being done here
tonight.. You hive property that is going to be segmented, it's going to have
a road divided on it and building permits are not going to be stopped because that road
interferes with environmentally protected trees, Now, there is no other place
10 put the road on this property. keep that in mind. 1f it cuts through
trees chat are a hundred years old dtic; it's soing LC' do i A 'er_ause if you move
the road in any direction it's going to be impossible to use the plat. impossible
to build the road. Now, we don't know where the trees are, we don't know
where n a:.' environmental lE rital objects are and it situp ty should be considered by
this Coi-ii l:s-•viol -hat you are doing, You are putting the cart before the
' n 1 .to e _ y
horse for .>Ec` and tt s �.c trit, create a dangerous precedent for many
properties, not just in Coconut Grove, but in all the different areas of the
City that :ou wan' to protect. 1 would like to reserve other comments Until
after o:-Iler people ::ho are neighbors directly related to this can speak.
First I would like to cc:11 'Mrs. Merrick, she a neighbor to the South of this
property.
)rti.ssioners, first of all...
and address `^r the record, please?
Mr-s. Merrick: Neta Mer.riek, 2467 South Bayshore Drive, I'm immediately
adjacent to the oroperty. I was here before the Commission a year or so
ago on the Longview Property and 1 want to thank you all. The first proposal
that came to you was for eighteen,three story -townhouses and then for replattinc -
in little checker hoard souares and when the replat came up you instructed
the developers to go back and to work with the community and work with the
neighbors and see i.1 a plat that can be compatible could be :.rrived at and
we did this and 1 want to thank you, for that. And I want to u^k you to
do the same thine; tonight. to consider the plat and to consider t`,e neighbors
and the area .end perhaps have a PUD or something else that could be compatible
with the area. As it stands now the same proposal as you turned down on
Longview ha,- been presented. A road to go alone the property line, along
my backyar. , before it was only my backyard that was affected. This time it
is iry backyard, the Smith's, the people on Tigertail and calusa, all of the
sudden their yard is no longer a yard, they have a road next to it. I happen
to have three small childern who play in the backyard, they are not used to having
a road with cars going right: next to the property lino and this is absolutely
adjacent to the property lire, no ten or fi;teen :uot setback as you have on
thnse r.e,ds. Wilt,n we the property this was a backyard, not a corner
.lot and so I'm :1';Pliny; you to please instruct the people to replat it or in
such a w.iy that a road would not be along the property line of, I believe
iCS four or five property owners. That is my first request. My second
request 10 thtat you look again, but to the legal point and with great care
about allowing people to hit i l d houses al 1 the way down on Bayshore, Now,
we have lived there for ❑ianv years, we love the area and all of the sudden
l have Longview on oil hide- it..' :i not as bad as it was originally because
you instructed them to go back and you helped the community and I hope you
cats del the same thing x,ow, to tell these people can't you replat in a
rerpowilble:° way. You directed them before, if you look in the minutes, you
23
irected them to'"go back and to sr.e if they could come up with a responsible
'At. To meet with the heads of various organizations and with the neighbors
• that Were affected and ':hento come back and resubmit that plat. Also the
•
• last time when Longview came up with a plat they had been before the Environmental
Hoard before they came pry you. 1 remember. because I was at the Environmental
• meeting and they ='oeted to remove some trees and that was discussed and so on.
So 1 would reque t tonight that you ask these people to redo their plat after
talking with Civic Organizations and neighbors and if you absolutely refuse
to allow, as you ciid before, a private road to all of the sudden be exactly on
the property line of four property owners, endangering the children in their
backyards, pollution, you know and all of the sudden You are a corner lot
when you were an inside lot. 'Thank you, for your time and 1 hope you
tds. Casey: Gentlemen, I am Pegey Casey and I own the property directly in
mm
back of the questionable lot fronting; on South Baysh.:+.e Drive which Dr.
Robertson bought some ',carp; ar_o with the lull knowledge of the deed restrictions
and the County restrictions, This is Iiot a new matter to come before the
Cite commission. Dr. : oc e, tson has been trying since the days when .Mrs.
Cdainwrig,ht was on the (c,"m,iE Sion and was Mayor, to do just what he has done
through yell tonight, lie Las tried without success before various Coimris',ions
tc replat this in such a manner and with no proper road, '.itn no proper setbacks.
.I.do not }`elieve that you are aware of Ile expense of :'ears the' 1-)r. Robertson
hes tri.eo to destroy the entire: area ; think it would he wise and I would
stIpreci al e it if you would go back through the record and really know how this
haeebeen platted against Coconut Grove and for the destruction of the area.
Thank voe,
Ms , lit�lzh
President
giving '^-.c
house ..anci
Joanne Holzhauser. I live at 4230 Ingraham Highway, I'm
toe i,,oconut drove Civic Club. Is that better? This thing is
n whole new viewpoint of my property. I have a side door to my
:':n thinking; if I run a private drive dotal the side, then I can
:build -within live fect of Ingraham Highway because it will then be my side
ya',d. .;I;1`'. ':.34:'rz ':t could use that thirty-five feet, I'm really charmed,
I may ; ut .f whole.. you know, patio and a swimming pool and the whole bit.
Anyway ''r not here to educate the Commission. I think that this is a legal
matter, want to speak to what so:nt- ci the people have said about it. In
the first place the Civic Club has had as long a historylif not longer, of
working with blacks and whites in Coconut Grove, with all income levels in
Coconut Greve. My personal history is known to some of you, I have stood here
time after time in the last twelve or thirteen years and said basically the
sane thing, "what goes on in Coconut Grove exists for all races and all
income levels in one environment, we can't separate it out.' Now, we hear
a lot al;out: four letter words these days and i have heard so eluch about
George Collins end his words co the radio and I hear about all J'e other
four letter wo.•d;:i. The four letter word that is going to do us in, in the Grove
is more, nl-o-r This isn't the question of a piece of property that someone
wants to devclep because of a hardship, this is a question of a private owner
of a piece of property wanting to develop it, that's fine. J. L. , is always
telling you you should have the right to develop your own property, 1 have
heard you eey it mare; times. And I said to J. L., again you tell me when
they cc>,.t• to put an _w ` on one side and a Massage Parlor on the other,
how much are you going; to want them to develop their own property. Yes?
Mother know J. L.cwill come down and fight for vou. But there is a very, very
important issue titre and that, literallyt is that he'.' one piece of property is
developed does of `ee't the whole neighborhood. That piece of history along
South Bayshore Drive belongs to all the kids that were born in the Grove and
are growing up in the trove and it's important that it be preserved for that
reason. No c'ne can replace those cliffs, s, no one can replace that drive,
we have seen another fight recen.l.y :leaded by !arilyn Reed who is another one
who has fought long and hard in the Grove for black and white issues and 1
think this is the th.ng chat we really need to look at. All of us here
we can't affect what the Cormi.esion says, but I hope all of you will
think really hard oecause what makes the neighborhood good is jobs, it is a
place for kid:: to play, i'c is a ?lace for people ::o live. And I will quote
you again, :that. a n moor U_ people. have saidthink ' � � later; 't ice nk it was Angela
Davis who said it most permanently " if they core for you this morning, they
will come or me tonight'. I'm t:iiing everyone of you.if vou thing: that
you c:»l; watt n rt ` . .:platred . rezoned h in the Grove and
..h ror;~. �� eei:i� r- c~ -_. oed this ��.ay
your property Is be .:;c, be safe, your kids! play- rca is going to be safe,
JUL 2 ? 1978
your old peoplest.-trea is going to be safe, think again because what the
Cottmlission does in cases Like this affects every single one of you in this
room. You want a good neighborhood, fight for a development that is withih
the gratis of the neighbors. Thank you, very much.
Mr. Mark: Mr. Mayor, we would like to possibly, since you have given us
that half an hour, we would like to reserve the rest of our time and let
Rice bring any comments he has before you.
Mayor Ferre: Mr. Rice? Ok, put your clock on. How touch time has expired?
Mr. Ongie: Twelve minutes.
Mr. Plummer: Whoa, Mr. Mayor, normal rules that we follower; around here,
Mr. Rice is the applicant, they have the right to object and then they have
rebuttal. Now, I just don't want to get into a seesaw back and forth and this
is going to extend and extend and extend
Mayor Ferre: Hey, Jack?
Mr. Mark: So, there are still many people out there who
Mayor Ferre: Wait a minute, technically we can go by very technical rules
we have nevei operated that way here. When, you were City Attorney we didn't
operate that. way. We are trying to be .., lenient as we can to everybody. I
really don't think that's a major problem, is it? Why don''.: you make your
presentation for twelve minutes and we will go back to theta. and then we will
go back to yen. You know, that I'm very lenient on time. Let everybody have
their say.
Mr. Rice: I;;, for anything that will speed this up.
Mayor Fr rre .
to other side
sou got twelve minutes and then we will go back
ill go back to you.
Mr. Rice: The first trying I want to say is that all these issues that have
been raised on the ether side are the subject matter of litigation and they
are all going to be determined and I think that's the time to do it and I
don't want to rehash it here, hut I want to say that the City of Miami is
a party defendant in one case and that's Mr. ?'.ark's case. And the City of
Miami isn't getting out of it one way or the other and so we might as well
get over there and let the courts decide it. I would like to have Dr.
Daviglus say a word.
UNIDENTIFIED SPEAKER: Dear friends and Members of the Commission. I have heard
various associations talk about our children...
Mr. Ongie: Your name for the record, please.
Mr. Daviglus: Oh, George Daviglus, on 1641 South Bayshore Drive. And I
fully concur to everything that's been said. I live on Bayshore Drive and
I have been living there for seven years and let me tell. you, I would like
to see you all live there and your parents live there, you lived there and
your children live there. I think the project) per se, all they are doing
is giving just n little bit more room for our children to move in. There are
a lot of people who would like to live in the Grove and we don't have enough
space. The project itself, I don't think it's going to destroy the Grove in
any way. I think we do need to split the place a little more and share a
little more. That's all. I got to say.
I)r. Robertson: Your Honor Mr. Mayor and Commissioners, thank you, for hearing
our case. I have lived in the Grove for some twenty-five or twenty-eight
years at this point. I'm fully aware of this, I'm the former Vice -President
of the Tigertail Association, and I still belong to it, I've belonged to
Civic Association and they don't speak for me, I led the fight that put
this;property into six units instead of twelve that was passed by the City
Commission and time has taught me that l was so wrong in doing so. Before
this; there was one house which was Rock Reef which went from Bayshore to
Tigertail, there was nothing there. Mrs. Casey, that mentioned this, her
house was the garage and where the maids stayed there. This was took part in
i plat, that was in the covenant and a restriction only at that time. The
demands of time met the requirements of the needs of the people coming down.
The first replat of this property came from Tigertail, when they put a road
j JUL 2 71978
in and piit six houses just as I had planned on doing. The next three plats
was approved for twelve houses with roads winding in there and I led the
fight against it and I sorry I did it because people need a place to live, people
need jobs, our taxes are going up, there is inflation and I have loss
thousands of dollars for years and years on this property. And I have taken
the only course that I can see to try to put it to what use I legally can:
We went by very rule it the rule book, we divided not one single lot as
substandard and it is properly aligned, according to the Code book and I
feel we have met all requirements. I put up a deposit of $10,200 to assure
that the sewers would go in. I joined with the City Attorney's Office in
fighting off the deferral of this case. An injunction was not allowed by
the City Courts and they said that you could hear this. I feel that what
we are asking for is only good for the Grove and Mr. —_ 'rho has provided
many fine homes in the Grove is also great addition and an asset to our
goal in helping to develop plat.: to live and I think this will be good
for all of us. Thank you.
Mayor Ferre: Alright?
'tr. Rice: I feel that evervthnF that would said on our side will be repetitious
and I would .just ask those people that are in favor of Dr. Robertson and
believe that he is going to do something beneficial for the Grove to stand
up. Thank von.
Mr. `'nrk: "f course, I would likey'ir. Mayor, for vou to ask all those people
that stood up, how many of them live in the neigh�orhood an:; own property in
the neighborhood, that would possibly he another question and how close to
this property.
Mr. Rice: '.•`.r. Mayor, I want to say that that's a very unfair question. I
have lived here all my life. My entire family lives in Coconut... not in
Coconut Grove, in Miami and on the edge of Coconut Grove and when you are
denying taxpayers of this City a right to speak on... and if that's his
program, 1 U ink it's a very....
Mayor Ferre: Gentleman, gentleman...
Manor Ferre: listen, he may not know, but Mr. Rice you have been around
this Commission much too, long to know that the majority of Commissions that
you have worked with and that exist don't vote on the number of people who
stand up on things. We have to vote our conscience on what we think is right
or wrong, so I don't think that means anything... let's move along.
Mr. Mark: Well, I won't be repetitious either, Mr. 'Mayor and Commissioners.
I want to just make a few more comments and then we are going to let you
vote. The legal opinion which the Mayor requested at the last meet'ng was,...
I don't believe you were ever given the answers to the questions whicl. were
submitted to thco City Attorney. Mr. Mayor, hello, I don't believe you ever
were given any answers, if you have I would like for you to tell us because
we are not aware of these answers being given.
Mayor F: rr ? ; Mr. Knox?
Mr. Mark: Mr. Knox, we submitted a list of questions to Ms. Maer, of your Office...
Mayor Ferre: No, you submitted them I think to, Mr, Alvarez,. Didn't you?
Mr. Mark; No, no, submitted them to the City Attorney's Office which you
requested and I think they were addressed to Ms. Maer who was handling this
matter, and we never did receive any answers and we want to know if the
Commission received any answers to those questions?
Mr, Knox;
prepared,
you would
Mr. Mark:
No, a written answer to you: written questions have not been
However, we are prepared to a,:swer any of them on the record if'.
like.
Alright, I would like to hear the a.: •wers, Mr, Mayor,
Maypr Ferre; Alright, Mr, Knox , I think that's a :'ir request sihee
JUL 271978
■ IMI 11111111111
that was part of the things the last tithe and we said there was some legal questions
that would be answered by this meeting. As a matter of fact, we went out of our
Way to say that all the questions should he put in writing so that there
''ouldn't be any questions about it, so that's a valid request.
nr. Knox: Alright, the first question and l will read the questions that
had been proffered. The first question is: what is the intent and purpose
of Article 26, Special Yard Districts and is said Ordinance Constitutional?
The first thing thnt I can say is, that all official acts by any legislative
bode are persumed to be constitutional until there is a showing that these
acts are unconstitutional. Now, as to the intent and purpose of Article 23,...
'ih, I'm sorry- of Article 26, Special Yard Districts. The reason for the
creation of special yard districts, I will refer that questi:' to the person
who prepared the answers. Miriam `faer.
ts15. Maer: The purpose of the special yard districts would be to preserve the
alignment of the homes in the area where the front yards space onto Bayshore
Drive.
Mr. Mark: Wouldn't that be the answer to question 42, I believe?
tls. Maer: That was the specific intent and purpose of Subsection 43, that
wculd be to preserve the alignment of the homes in the area facing on Bayshore
Drive. lonere the front yards face on B: vshore Drive, that's not .applicable
to the facts that are before us at this time because the front yards do not
far.; on Bayshore Drive. Front yard, to answer 444 at this time; 14 being)�what
constitutes a front yard;under Subsection 43, of Article 26^. The City Attorney,
i gas airsa:y an weted that.
:1r Knox: Alright, we have answered question #1, #2 and fi4.
Mir. Mark 44, t don't believe you did give an answer.
1.1r. Knox: I save an answer, 1 gave a fairly exhaustive answer in response
to several cuestions by Mrs. Gordon, at an earlier time this evening.
'1r. 'dark: .Alright, but I would ask that in light of District 43, when we
were tryise to get answer based on Subsection 43, which says front yards in
this area. Now, we want to know what it means in light of that Subsection
of the Ordinance.
Mir. Knox: Alright, front yard is defined for these purposes as the portion
of the yard which fronts on the street on which the property is situated.
And front being defined as again, where the front of the house, the direction
in which the front of the house is pointed. The front of the house is defined
for practical purposes as the direction in which the address refers, the
street address refers. Question #3 is does the platting of property constitute
a substantial change in the character or use of said land su`_ficien, to require
proposed plats to be reviewed and approved by the Environmental Review Board?"
In my opinion the platting of property constitutes a constitutional right
that owners or property have to exercise. The second point is, that as to
a review by the Environmental Review Board inasmuch as this area is in an
Environmental Preservation District, I believe that at the tine that any
development activity begins on tlhat property, it's necessary to have a review
by the Environmental Review Board. I will also, for the record define "Developmental
Activity". Developmental Activity is defined for these purposes as any overt
act which is designed to ultimately conclude in the construction of a structure.
Platting in ny professional opinion does not constitute developmental activity
because platting is nothing more than a division not on the ground, but a
proposed division represented by a piece of paper which is filed in the property
records of the County.
*'.r. Mark: Thank you, Mr. Knox.
Mrs. Gordon: Doesn't it also, Mr. Kno:•:, doesn't it also prepare a piece of
property for construction within the parameters of a platted lot which you
could not do if it were not platted isn't that a step towards development?
Mr. Knox: There arc numerous case law precedent where a plat has been
recorded, but no use pursuant to the plans which would follow that plat have
been put to the property. In other words, one does not begin developmental
activities in my opinion because they file a plat and record it. Now, if an
insistence upon a review by the Environmental Review Board is made as a
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tbndit .on precedent t0 the issuance of a building permit, then as to those
questions which may arise about the preservation Pf the property in that
district, those questions would properly be addressed by the Environmental
keview Board at the time that the question is put to them,
'ts. Gordon: Wouldn't you find it difficult as an attorney to defend an action
'hick would let's say, prohibit the issuance of a building permit on a platted
lot?
Knox: ; would have much greater difficulty, Mrs. Gordon, defending an
action or the failure to take a ministerial action by the City Commission.
Airs. Gordon: In that case, if the Plat and Street CornritLte,ich made this
recommendation which has come to this Commission for administrative decision,
according to what you've said, was issued in error by way of an opinion from
the Zoning Department to the Plat anc'. Street Committee, would you still feel
that this was a justifiable application that was lying before us? if it was
done in error? if the opinion was given in error?
Mr. Knox: The Plat and S;.reet Committee, according to the information being
provided to me right now, does tot govern or regulate the removal of trees
„e this is a function of the Environmental Review Board. As a hypothetical
situation, if a plat is submitted and developmental activity is conterplated
in such n r-?^,Ar that there would be i..'-:oper tree removal or name disturbance
of the e-.vi:cnnental preservation that is being sought by our rules and regulations
and ordinances, then the plat wou13 have to be amr_need.
Mrs. Gordon: Ok, may I call then upon the head of the Planning Department,
the one that regulates the use) !'ir. Williams, may I ask you a question, sir
since it's in your purview and you are the one that generally gets called on
to give an o'-'inion when asked' May I ask you a question since I know that you
are the heap, of the department/that these types of questions are generally
posed to. 'i^••e you it yrur experience- I know you have been with the City
for a long time- received requests similar to the one that's before us tonight
611ich would have violated the setback, the average setback of South Bayshore
Drive?
Mr. Wiliiat.s: Yes, I have had people ask me about dividing property in this
manner.
Mrs. Gordc Have you refused to accept plats which would have violated the
200 foot average setback?
• Mr. Williams: Well, I don't accept plats, I'm the Chief Zoning Inspector,
Mrs. Gordon: I'm sorry, but would you have given an opinion to those who
would have approved plats, that this was an irregular application?
Mx. Williams: Yes, Ma'am.
Mrs, Gordon: ?yid your department render an opinion to anyone with regard to
this 'lat?
':sir, Williams: An opinion?
Airs. Gordon: An opinion as to whether this plat could be considered by the
Plat and Street Committee or was this rendered to the Law Department or who
received or aid anyone receive an opinion from your department?
Mr. Williams: I didn't request any opinion whether the average alignment
applied to coning or replotting of property, 1 didn't request one,
Mrs. Gordon: No, Y didn't mean• youjVr, 'Williams, I meant did anyone else
JUL 271978
ask for an opinion from your department not necessarily of you?
MWilliams No, nobody did,
Mrs. Gordon: The Law Department never called your department to find out
whether or not the application which relates to the special private street and
the positioning of the houses on the private street, this kind of information
Was never requested from...
Mr. Williams: Oh, yes, someone else asked for a legal opinion- I think it was
the Zoning... the Chairman of the Planning and Zoning Board) the administrator,
And a member of the Law Department did contact my division, one of my employees
and asked that question.
Mrs. Gordon: And your employee answered that question for the Law Department
in a manner that if you had been there would have answered differently?
Mr. Williams: 1 believe so.
Airs. Gordon: Ok, hew would you have answered the question?
Mr, Williams: I. would have said that when you consider a plat, that all
phases of the Zoning Ordinance affect that plat and that the average alignment
would have been part of that acceptance of the plat.
Mrs, Gordon: Are you the head of that department?
Mr. ?dil1.iazt : I'm the Chief Zoning Inspector and I'm thehead
in the Building and Zoning Department.
Mrs. Gordon: And the person that answered the question was
of yours, not the head of any department?
Mr. Williams: I betiive so.
Mrs. Gordon: Thank you, very much.
Mayor Ferre: Rose, let's see if UT can get on -the middle ground and get this
thing somcwhere that might be acceptable. Therewas a lady that spoke a little,
while about Longview- back over here with the .black...
Mark: Mrs. Merrick, yes.
Mayor Ferre: Mrs...
Mr. Mark: Merrick.
Mayor Ferre: Merrick. Mrs. Merrick, is a neighbor and she said 'you know,
in Longview we worked it out. We really went through a very dit.:icult process
because at first the developer didn't want to do it and finally, I think he
acquiesced and he came back with a PAD and the neighbors didn't hassle that
fellow because you know, it all depends also how the neighbors approach you.
And Mrs. Merrick, in that one I think you all approached it very reasonable.
Do you remember that? And the developer was happy with what he got and you
were happy with what he came back with. And what made me start to think of
this is when you came up and spoke and made that statement and I remembered
that Longview application. Now, would you be willing to go through that kind
of a process in a reasonable approach on this question of a PAD approach to
this property in the same way as the Longview?
Mr. Mark: Well, I think Mr. Mayor, that the main thrust of the comments
have never been against the number of units which is unusual, that's usually
what people oppose. In this particular incident it was building down to
South Bayshore Drive- in that green areas- that is what the people have aways
been opposed to. It wasn't the number of units and it never was the issue.
Mayor Ferre: Well, let me now turn it over to Mr, Rice, and the potential
developers and the seller of the property and those of you that are involved.
Jack, make it easier for us would you ? Is there a middle ground that you can
get on?
29
JUL 271978
r R4.ce; At this time to Your f1oiiet4
Mayor Verte: Now, be careful,
Mr. Race: I will assure you before we develop this) that we will take it to
the neighbors and everything else, but we just can't do it at this time. Out
posture has ruined us, I mean, this is just another method of delay. We are
a long ways from development.
Mayor Ferre: They didn't delay it over there with that Longview thing. That.,.
Mr. Rice: We don't want to go through that at this time, We would like to
stand on our position and posture that we presently have. W'nere when it comes
time to develop the property, we can do it a PAD and anyother way further
on down the trail. But, at this time we just can't change our position and
it's unfair.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Mark: Mr. Mayor?
Mr. Rice: We are far different from Longview.
Mr, Mark: Mr. Mayor, they can still put units up on that h-i'l1,
the same number of units they want to build on there.
Mr. Rice: Hey, I'm trying...
Mr. Mark: We are not trying to stop construction and our people from working or
anything like that. We just want to preserve the beauty of Coconut Grove by
preserving what that special Yard District Ordinance specifies.I want to point
a few things out, we still have some more time, we were short of more time,..
Mayor Ferre: Yes, I'm not going to...
Mr. Mark: But, we would like to get it back if we could.
Mayor Ferre: Look, let me tell you what my problem is and I want you to believe
that I'm completely sincere and honest in this. I happen to agree with you
philosophically, I think what's going to happen out of this thing is going to
be very bad for Coconut Grove. I just happen to feel that way. I think what's
going to happen is bad because we are cutting up these properties, these estates
into little dinky lots and going all the way down to Bayshore Drive. And I
think it sets a precedent that's going to be ruinous for the whole area. I
agree with that philosophically. My problem is, that I think that under the
law- as I understand this- these people are entitled to a plat
and my problem is between what I know is wrong. I think what yoe are going
to do is a monstrosity, personally. I'm sorry to tell you that and I... No,
please don't do that because that's exactly what I don't want.
Mr. Mark: Mr. Mayor, you can change your vote, you can..,
Mayor Ferre: I know I can change it, you don't have to tell me
about my vote.
Mr. Mark: And we can let the courts protect your...
Mayor Ferre: Look, let me tell you something. My problem is simply this, that
I understand what they are going to do and I think it's a perpetration on Coconut
and I agree with that. But, I don't know how legally, if these people
are entitled to a plat. How I can say nc', you can't plat.
Mrs. Gordon: Mr. Williams, just told you Mr. Mayor, that they are not entitled
to a plat because the opinion was rendered in error to the Law Department, And
the process began by an erroneous opinion from someone subordinate to him in
his department. He is the head of the department, sir,
Mayor Ferre; George, you know, this is a legal matter now, so you've got to
take a legal posture on this. I heard what she said, I don't think that's a
reasonable thing because you know, I just don't understand if you go on vacation
and your assistant comes here and I ask him for a legal opinion and he rules
and he gives me a legal opinion, I can't come back and say just because you are
on vacation, that his legal opinion was wrong.
JUL 271978
'•irs. ('ardon: If it was an error and he didn't make it a correction of an
error, then he would be wrong.
Mr.Knox: But, the Law Department does not rely upon information or responses
to questions, dries not solely rely upon information from a non -lawyer to
resolve a legal question. So, that in the final analysis the Law Department's
definition of whether or not a special yard district or spcialyard
district requirements would apply in this case was the opinion, not of someone
who worked in the Planning Department, but it was the opinion of the Law
Department.
Mrs. Gordon: if he was so sure of his opinion, why did he call the Zoning
Department to find out what was correct?
Mr. Knot:: As a practical matter, all of the departments are implementors
of the Ordinances that are adopted by this Commission and when we are
formulating, a legal definition fur a word which may not be so clearly
defined on it's face, we generally as department heads or members of the
department for a practical a;- working definition of that word. Now, having
done ali of that and havi.re received input as to a working definition from
somebody who does it, notwithstanding the fact that it was not the department
head and not ev:n fining into the question of whether or not representations
made by subordinates are binding upon superiors unless changed, the fact remains
that tne,.' upon that input and based upon our reading of the pi ;., language
of the de`i.nition, we concluded it and still conclude that the special yard
district requirements do not apply to this particular niece of property.
Mrs. Gordon: But, 'Sr . Knox, if you were so certain and if no one that is
concerned with this passage, were so certain it was absolutely correct and
beyond and: question of law that it must be done, they would be willing to
go back to the Plat and Street Committee with the opinion of the department
head and ',on see if it would come back the same way it is now. I would
•doubt that :.pry ;zerlously, it wouldn't come back.
Mr. Mark: toot knew, 'sr. Mayer, this layman input is very important to
the Lega Department. I will give you one example that was raised by
question #3, that was submitted to the Legal Department and just answered.
We asked whether the platting of property constitutes.a substantial change
in the character or use of said lend sufficient to require proposed plats
to be reviewed and approved by the Environmental Review Board. The City
Attorney said "approving a plat does not constitute a change in use of land",
I take exception to that. That's why Dr. Robertson, had to post a ten
thousand dollar bond because he is going to build a road on that and he has
to in order to complete this plat. Now, a road is building and it is
substantial and you are going to tear up the trees and do things...
Mayor Ferret But, you are asking me to rule as the Chairman or to vote on
a legal matter which I'm just not capacitated to do.
Mr. Mark: No, I'm asking you to take the recommendation of the City Attorney.
His recommendation was to defer this until the courts finished with this
matter and this is the reason because now you are in a position where you
are ma'r.ing the legal determination simply by approving this plat. Because
there are several matters that should he considered by the court in this
particular circumstance.
Mayor Ferro: What he said was that we would not be precluded from voting
on this thin:;.
Mr. Mark: But, he recommended not to. Why?
Mayor Ferret Because he said that it would be in his opinion, better to
let the courts nuke that decision before us,
Mr. Mark: Because there are legal implications to your decision. This is
the reason,
Mayor Ferree Well, you know, what Father Gibson said a little while ago,
then is the statement that would be guiding at this point on that question
on Fair Isle,
31
JUL 271978
Mt Mark: With all respect to Father Gibspn's
ithok has had Many, many years of experience as
qualified to advise the Commission, They have
you ought to take his advice,
pne day in Law School? Mt;
an attorney and he is quite
advised you to defer? I think
Rev. Gibson; Council, that one day and my experience up here as taught me;
#1. The attorney said that I had no choice. Now, one thing we learned? the
attorney said that you have to accept that plat. Wait a minute, wait a
minute, look, look. Ypu know, what Plummer..,
Mr. Mark: If you vote, if you vote, you have to accept it. But. you can defer.
you can rule...
Rev. Gibson: My brother, I voted... listen to this, r to make sure my
friends in the Grove hear me,, I voted to accept the plat and I will tell
you what, remember the last time that you came to me on Fair Isle, I asked
you point blank...
Mr. Mark: Reverend, these are t:.;fferent issues,...
Rev. Gibson: Would you please, please, please...
Mark:
completely different issues.
Rev. Gibson: ... for God's sake, me finish.
Mr. Mark: Alright.
Rev. Gibson: I listened to you, I want you to know, you thought I'was sleep.
I sat here and listened to all you had to say and never interrupted,
Mr. Mark: I knew you were not sleeping.
Rev. Gibson: Ok, 14.st^n. Fair Isle was hotter than this could ever get to
be, ok? I said to the people from the Grove, ladies and gentlemen, I know
how you feel. What would you like to do? Now, the votes were two and
two, I w,;': the deciding vote. The people in the Grove said to me,'please
send me to court'. I said 'if you go to court, will you be happy with whatever
that decision is and let it rest'? They said 'yes', What I didn't tell
you was, when they were here before us, they thought they had Murray Sams
as their attorney, ok? And I was willing to go along because that's what
they said. When they got an opinion from the court, they were not satisfied
with that, they are still not satisfied. And all I'm saying is I have
casted my vote either intelligently or ignorantly and I trust it was
intelligently, and whether.... listen, what I'm also inferring is, whether
you like what we did or whether you don't like what we did, you are going
to end up in court anyway. And if we have erred the court will reverse us.
we have not erred the court will sustain us, and I am willin; if the court
tells me, 'Gibson you were wrong', I'll say ' thank God, it's i.ot on my
shoulder. If they say 'Gibson you are right', I'll say 'thank God, I was
right in my opinion'.
Mr. Mark: Reverend, this is directly contrary to the record...
Mayor Ferre: Counselor, go ahead and wind up because I think we are at
the point where...
if
Mr. Mark: Alright. Well, this is directly contrary to your City Attorney's
opinion. Now, I did have a few other comments, we got sidetracked with a
lot of other discussion and I just want to point a few other things out to
this Commission. Number one1that private road that is going through this property
is part of an Ordinance that came far later than that setback, that average
alignment Ordinancelwhich we are talking about tonight. Now, if the private
road which is now apart of the City Ordinance did exist, they would have
to use a much larger road and they couldn't even put a circle at the back
of this property, they couldn't build this plat the way it is, and that's
why for so long you never saw these problems come up. But, I think that the
City Attorney's opinion, the recommendation should be followed by this
Commission. And Mayor Ferre, you have the right to change your vote and
if you think that this is an,.,
a2
JUL 271976
i`ider Ferre; You have said that three times and I don't need for ypu tt+ tell
r^n:t iat anymore, counseinr.
Mark: Weill if you want a solution Mayor, it's been given to you,
Mayor Ferret Would you make your presentation and not make any more repetitions.
please?
Mr. Mark: 1 think we are done, unless anyone else wants to make a comment.
Thank ynui.
Mrs. Gordon: Mr. Knox, at what point does this go before the Environmental
Preservation Board? When the street is going to be put - ?
(BACKGRCUND COMMENT OFF THE rUFLIC RECORD)
Mrs. Gordon: Before the street is put in?
•Mr. Knox: It's my understanding based upon the procedures that are employe
whett the building permit is pulled, that is literally stamped on the face,
that this matter riust come before the Environmental Preservation Board. •
Mrs. tordor: What about the street? Is there a condition that requires a
-review '; :' :::r, the street is done?
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Mr. Knox: Well, again if we... I hope that you don't want a formalized legal
cpinicn at '_11is point. Again, the cutting of a street maybe closer to the
definition of developmental activities than the recording of a plat. Now, T
would have to research the question as to whether or not there is some le€al
precedent .for a determination as to when developmental activities begin. But,
again the gutting of the street must be subject to the Environmental
considerations that the Ordinance contemplates because you cannot remove trees
and tili s : t : ''!ItC11;4.. .
.Mrs. Gordon: And it would require a review prior to any street cutting, ok
Mr. Mark: No, it would not. Commissioner Gordon,...
.Mrs. Cordz,n: He just said it would, because you would have to do it to
preserve the trees.
Mr. Mark: ... the only time that it comes before the Environmental Review
Board, is after a building permit has to be issued. Before they can get the
building permit, they must go before Environmental Review, but you don't have
to give a building permit to build a road. So, there is no mechanism, no
teeth in the City Ordinance to make them go before Environmental Review in
order to put that road in. Now, I just challenge Mr. Knox to give us a
comment on that. It's not true that he has to go before Enviroi.nental Review
on this.
Mrs. Gordon: Well, he doesn't want to make a firm opinion on it, he has
just said he wants to do research.
Mayor Ferre: Alright, anything else? Anything else on this item? Alright,
we have a motion by Father Gibson, seconded by Reboso, on the acceptance -
on a plat as recommended on item 4#4. Call the roll.
wsu=
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esolution ,ras introduced by Cogmissioner Gibson'AO thOVed
RESOLUTION NO, 78-526
A RESOLUTION ACCEPTING THE PLAT ENTITLED
'' ;AiSHORE VIEW", A SUBDIVISION IN THE
CITY OF MIAMI, FLORIDA; AND ACCEPTING
THE DEDCIATIONS SHOWN ON SAID PLAT: AND
ACCEPTING TEE COVENANT TO RUN WITH THE
LAND POSTPONING TILE INNEDIATE CONSTRUCTION
or FULL WTDTH IMPROVEMENTS ON SOUTH
BAYSHORE DRIVE UNTIL PEQUIRET) BY TUi.
DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING
AND DIRECTING THE CITY MANAGER AND THE CITY
CLERK To EXECUTE ThE PLAT.
(Here foil~-'.':' body of resolution, omitted here
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: Rev. (Gibson, Mr, Plummer, Vice -Mayor Reboso and Mayor Ferre,
NOES: Mrs. urdon.
ABSENT: None.
ON ROLL CAL!.:
Mr. Plummer: I'll preface my remarks by saying and I can make no bones about
it, echoing what the Mayor said, I don't like this project at all. It
aftects me more than it does the Mayor, because Bayshore is contiguous to
my property. But, wls;:n the City Attorney tells me that I have no choice,
but to vo,v in the affirmative, I'm ...
Mayer Fcrr:: 'snit a minute. Plummer, wait. Ok.
Mr. Plummer: When the City Attorney tells me that I have no choice but
to vote in affirmative, I am bound by that opinion and I will vote, yes,
to my regret .
Mayor Ferre: Again, without repeating everything that I said before, I don't
see that I have any choice. I'm sorry that it has come to this, I hope
that you can prevail in the Environmental Review Board and before the courts
and that's where this item is going to be settled. So I vote, yes. Now, Mr.
Manager?
Mr. Grassie: Yee. sir?
Mayor Ferre: I think that we have to do something to try to stop what I
think is going to an on-slaught of chopping up all these Bayshore Drive
properties into these little dinky- with all do respect- 65 foot lots and
put little houses that are just going to completely ruin the beauty of that
whole area. Now, this is the first one and I think it's going to be an
abomination, personally and that's just my personal opinion. I voted for
it because I felt that I had to legally, I don't like it. Now, I think
we ought to try to do something to either rezone that area or... and I think
Mr. Knox, for you to tell me legally what I can do, so that we can rethink
that whole strip along Bayshore Drive before we get into this think any
deeper.
Mr. Knox; Alright, the City Commission is impowered to enact zoning laws
and the question is one of zoning, whether or not the zoning laws could be
fashioned in such a manner as to preserve or perpetuate the character or
situations of the lots in that area. However, again1that would not affect
this particular situation because we are operating under the existing
Zoning Ordinance.
34
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JUL 271978
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Mayor Ferre; Well, why not? Suppose we put a moratorium, we have put
moratoriums on properties before.
Mr, Knox: But, it has to be prospective tnd cannot he retroactiiie in it'
application.
Mt, Grassie: I wonder)Mr. Mayor, whether it would help if we were to plan
on having in front of you for your first meeting in September..:
Mayor Ferre: Could we... could you do it in a way that we could vote on this
by then.
Mr, Grassie: Well, I can't tell you now, but I think that we can work on a
overlay PUN Zoning. We will try and work it out, we will see.
iayOr Ferre: Well, I'm just speaking for one person. I think that if we
permit what. I think is going to happen along Bayshore Drive,is going to
completely ruin that area. You are going to end up with ai whole bunch of
little 60 foot lots and little square boxes on top of 63 foot lots and it's
going to be a monstrosity that we are going to have to live with forever.
.end I think that we are going to have really give
as to how we get some setbacks or something along there to try to preserve
whatever it is that we can, within the legal boundaries of what we can do.
Now, I didn't vote for this other matter because I didn't feel legally that
I could de other than what I did. That's just my personal opinion. However,
i think t,,at we really have to a1dre: the area and r_d<1ress i t very quickly.
And now I might tell you the precedent that I can think of, there are several
precedents. One precedent was, that we, on Brickell Avenue. #t2,
and created a special zoning for special conditions on Brickell Avenue. #2,
we put ht_iilding moratoriums on certain pieces of property while reviews were
being done and I don't see why we couldn't do the same thing.
'Irs. Gordon: Mr. Ma':or, it's my personal opinion, that you have set a
precedent tonight that would be exceedingly difficult if you were trying to
do what you are snvinn, you want to do, to he upheld in the courts after you
took the ...tion you did tonight. You've indicated by doing what you did,
that yru don't believe in what you are really saying now.
,favor Ferre: Well,... no, I.1r.s. Gordon, that's your opinion, not mine. See...
Well, that's fine, that's her opinion, but that's not my opinion. I feel
that I had to do what I did legally and that has nothing to do with what
I'm talking about now. Now, Mr. Grassie, then could we move on this for the
September meeting.
Mr. Grassie: We will try and have a legislative proposal for your first
meeting in September.
Mayor Ferre: Ok.
Mr. Plummer: Let me ask a question. Understanding what the City Attorney
said, and I believe I did, that we cannot act in retrospect. What is done,
is done, possibly the courts will see it differently, possibly they will not.
is it within the purview of this Commission to place a moratorium from
Alatka to Aviation which would stop any further encroachment? Mr. City
Attorney, is that in order? Until this Commission has had the time to in
factlyou know, review the Ordinance?
Mr, Knox: Again, Mr. Plummer, that's something that cannot be answered
summarily. There are a lot of factors that would erter into a consideration
and It maybe a balancing against the public purpose of as between the public
purpose and a private individual's right to develop the property. But, it's
a matter Hutt can he explored and we will have that information to you by
your September meeting.
Mr. Plummer: And the answer was, he will explore the question and come up
with an answer in September.
Mayor Ferro; ik will come up with an answer when?
Mr.
P7uunner: The September meeting.
35
JUL 2 71978
MayoFerre: Could you cone up With an answer tomorrow, Mr. Kno
deft up with an answer tomorrow?
Mt. Grassier I wonder Mr. Mayor, if...
Mayor Ferre; At 4 o'clock. Wait a moment,
moratorium aspects of this.
excuse me,• I'rn talking about the
Mrs. Gordon: What about the lady who is stuffed between too sides
thing, Mr. Mayor?
Mr. Knox: Alright, we will...
Mr. Grassie: Mr. Mayor, I guess there is a legal answer, there is also the
practical answer from the Planning Department with regard to what they would
have to do to make a moratorium stick because they have to do quite a bit of
background work to prepare a rationale so that your action would not appear
to be to a court, capricious. That's one answer that I think that you would
need to get, but you may, just from the point of view of the immediate problem
that you are concerned with, want to ask the developer to comment on the
property at hand because things may not be as bad as they seem.
Mr. Carnesella: My name is Bruno Carnesella, I live presently in the property
2461 Smith Raeshore Drive. I also o,..: a residence in 18Q5 South Bayshore Drive
and I own some other property in the general Area. I ';ant to mention tonight
that after this repl.atting is done, I know that we have a great concern from
all the groups in Coconut Grove and a great concern from the Commission. And
I want to put in the record that I will submit all the plans for building the
road and 1 will submit all the plans for building the houses to the the
Environme'Lal Group and also to the City's Group. And also, further I want
to say if it will he possible, I would like to present also a PUN with the
same amount of units. The land at this moment allows for a density, according
to a PUN for about nines: units, but I will stick to an amount of six units
and I have a great setback from Bayshore Drive. I also,...
Mrs. Gordon: Would you please, name your name again sir, I didn't get it.
Mr. Carnesella:
My name is Bruno Carnesella.
Mrs. Gordon: Cargacella?
Mr. Carnesella: Carnesella. C-a-r-n-e-s-e-1-1-a. I have built in
for the passed three years, various series of projects.
Mrs. Gordon: Where did you build?
Mr. Carnesella: The Germanite Project, in Tigertail, in Bird Avenue and in
Mary Street and Bird Avenue and 32nd Avenue; another project in Aviation
and another project in Center Street.
Mrs. Gordon: Have you bought this property from Dr. Robertson?
Mr. Carnesella: 1 have an agreement with Dr. Robertson. I want to also,
mention something more. I will preserve the big house in the back and will
live in the big house in the back and I'm the first one. You see, I don't
want this property destroyed as everybody mentioned. My point all the time
was that I'm a builder and I go with what the ru1ce and the Ordinance of the
City of Miami say. If we start breaking these rules today they will pull the
building permit and we will have no more rules and we don't no where to go,
My point and I will ask and have worked before with Mr. Whipple on many other
projects and I will try to bring a sensible project and not destroy the isle.
I have children too, that live on Bayshore and- not in the present house, but
the one on 1885 Bayshore Drive, Sot I'm concerned with the Grove like anybody
else. It is a matter of fact, just the thought that I should be on record.
Now, we can sit down and work, Nobody came to me and asked what's our
intention to build, a two story house, three story house, underground, nobody
which as a matter of fact, that somebody said no and I think this time it
Is through the Commission, the times are changing. it should be going according
to the law. And this is my point. Now, I'm here prepared to work with the
Environmental Preservation Group and all the rest.
36
JUL 271978
1ayot Ferre: Sir; my problem really is not with you personally because I'm
suite at:' I know fora fact, that the thanes that you do are all beautiful and
they are quality things. I'm not worried about that. It's the precedent
that has been set. The property next door may not have your taste and may not have
your sensitivity or your common sense and they want to get maxium advantage
of doing this and then we end up with little concrete boxes on little lots,
without any trees and von end up with a serious problem in Coconut Grove
which von don't. woo,' : i thee.
Mr. Carnesella: I agree with that.
Mayor Terre: So, I think that everything notwithstanding Mr. Manager! and
perhaps you might... Do you need a motion, I guess you wouiti need a motion
for this don't. \ 1i1':' or don't von?
Mt. Grassie: No, 1 would inten to bring a legislative proposal to you..
Mayor Ferro:
As a departmental in.iziative.
Mr. Grassier .. to attempt to accomplish the intend
as 1 understood it.
Mayor Ferre: Ok. Than?' you.
DENIAL OF APPLICATION:
n of the City Commission
Request was
CHANGE ZONING CLASSIFICATIO
2218 S. W. 17 Avenue
R1 to C2
Mayor Ferro: Alright, iaci.i.es and gentleman we are now on item number PS,
which will take another two hours. Ok, those of you that are finished with
item rt4, pie:i]c leave quietly. We are now on item i5 on first reading
applicatioo bv I?aniel Muerte to change the zoning of 221S S.W. l7th Avenue
froth R-1 to C-2. •Is the applicant here? Alright, sir, would you proceed.
Mr. Bolton: Mr. Mayor and members of the City Commission? my name is Joseph
Bolton and I'm representing the applicant1Dani.el Huerta,and his two sisters
Victoria and Evilia Huerta. They are the owners of the property involved in
this application. This is a hardship situation involving a fifty foot lot
next to the intersection of Coral. Wav and 17th Avenue in Miami, I'm sure
you all are familiar- with that. intersection. The two Huerta sisters who
own the lot, are beautir.ians. They have a beauty parlor in Miami Beach
which is in a deteriorating area. They have a house right now which is next
to the intersection of Coral Wav and 17th Avenue, between their ''ouse and
the Gulf Station is a fifty foot unimproved lot, they would like to build a
small bLuty parlor on that lot. For the passed 2 years they have been
trying to determine to find a way in which that can be done and they have
been trying to find a conditional use permit or a use variance, any way in
which they can build this small beauty parlor, The City has informed us
that the only way this can be done is through a rezoning to extend the
boundary, the district boundary fifty feet from the Gulf Station and fifty
feet along l7th Avenue and that's why we are here. We are trying to extend
the boundary to build this small beauty parlor. The r operty in that area
is.,. and across the street there is no single residential homes, There is
a travel atencv right across the street and there is a church. There is a
Gulf Station imn.diately next to this lot: with a large thirty foot illuminated
sign. There is a Southeast National Bank across the intersection, this whole
area is commercial on the intersection, it's a very busy intersection; And
the home owiwrs in the area that they have contacted? have indicated their
support for this application, In fact we have a significant number of home
owners here and I would like to ask them to signify by showing a show of
hands of the number of home owners in this area who have come here,
Mayor Ferre: Alright, ladies and gentlemen, those of you that live in the
area, would you raise your hands that are...
7
MEM
JUL 2 7 1978
•
Mt. Holton:
Mayor Ferre:
tight? Ok,
.� that are iti favor of this application.
Now, as I understand it, you all live in that itmtediate icinity,
Mr. Holton: Yes, the Huertas have gone but and asked all of their immediate
neighbors and,.,
Mayor Ferre: Now, just out of fairness. All of those that are opposed...
Mr. Holton: Mr. Mayor, may I ask before this? The opposition at the Zoning
Board was from the church across the street which has mobilized a significant
amount of opposition on it's members.
Mayor Ferre: Alright, will those that are opposed raise their hands? Alright,
thank you, ladies and gentlemen. Just so that we keep in bounds, go ahead.
Mr. Holton: Ok, for your information we have a home -drawn map I would like
to submit to the Commission snowing the commercial usage at this intersection.
The red area represents non-residential usage, commercial or other non-residential
usage. The blue area indicates duplexes, the arrow indicates the actual
fifty foot property that we are talking about. As you can see across the street
it is entirely non-residential, it is next to this large Gulf Station and all
we are talking about is the fifty foot extension of the district boundary line
to allow ther6 to build a non-otfensiv� Beauty parlor. Now, there is a kind of
a catch point to the situation here because the City has come up in opposition
saving that, they don't mind the beauty parlor, it's the rezoning that they
mind because there are other uses that can be made of the property and that
is what .1 understand is the baptist church's position too, is that you know,
the beauty parlor is not so bad, it's the other uses that can be made in it.
And it puts us in a quandary before the Zoning Board and we said fine, we will
make it conditional and they said no you can't, we can't have conditional
zoning. And we have been discussing with them if there is any way we can
just build a beauty parlor there without having a rezoning and they tell us,
no. So, we are here now asking for a fifty foot extension of the district
boundary line and it's a compatible use, there is really no other use that
can be mad: of this property given that it's next to this thirty foot illuminated
Gulf sign and next to one of the busiest commercial intersections in that part
of Miami.
Mr. Perez: A rezoning application cannot be accepted as subject or conditional
to use, that constitutes an illegal action on our part and will not hold any
water in any court. Therefore, we have to,if we are going to accept a rezoning
application, it would be for any kind of use that is stated in the Ordinance
as an appropriate use for that zoning district.
Rev. C;bson: I don't hear you.
Mayor Ferre: He said that in a zoning application the conditional use would
not stand up in court and that he couldn't recommend it.
Mr. Perez: We cannot accept a rezoning application conditioned to a particular
use. It will he for any kind of use that can go under the use regulation for
that particular district.
Mayor Ferre: Alright, does anybody have any questions on the Commission?
Plummer,...
Mr. Plummer: Yes, sir?
Mayor Ferre: ... any questions? Anybody? Alright, are there any... Yes, sir?
Dr, Miller: Will I be permitted to speak? I'm Dr. George W. Miller, a
Pastor.
Mayor Ferre: Well, Doctor, now let's see how many people want to speak
because it's now 9:30 and we've got some real heavy items.
Dr. Miller: I will promise mine will only take about two minutes, sir,
Mayor Ferre: And if there are thirty other people that want to speak two
minutes, that makes forty and by the time we get to them it will be an hour and
half, So, how many people want to speak on this item?
38
JUL 2 71978
Dr. Millet;:
Mayor Berta Two on thus
it in thtre minutes?
Dr. Miller: I can de it
Mayor Ferre: Alright,
your statement.
in less than that,
von will get your speaker ready Bo. ahead and Make
Dr. Miller: I'm I)r. George W. toiller, "Pastor of Shenandoah Baptist Church,
2225 S.W. litu Avenue. The first question that I want to ask, is clarification.
is that a twenty-five foot lot or a fifty foot lot? The counaelor said fifty
fo7t.
Pir. Holton: It is two tw
Pr. Miller: Alright, now, mine is in sip, points, I can give them to you
very quickly. First of all we empathize with the applicants because they
apparently want to build a shall beauty shop, but according to your own
counsel. C-2 zoning will permit many other uses, including a retail store!
restaurant. a used car dealer, a delicatessen or other types of uses and it.
cannot he as we understand it., restricted only to a beauty shop. Secondly,
should the applicant later encounter any difficulty in arranging for the
finarrenr rnnstruction of the ieelute shop and have to sell the i roeurty.
a fettrc c;oo,r could use it for whatever he wanted according' to the C-2.
Thirdly, the applicant has offered to include a deed rtstr'Ltion limited
to the use of beauty shop and we do not: believe that that is valid by your
own counsel. Four. this parcel is zoned C-2, if it is zoned C-2, other owners
nearby would like tc request similar zoning, thus, extending the commercial
e:oriing Southeard on Southwest 17th Avenue in a _ _ fashion. Five, the
Cit,,'s PJ •anninti; Department has recommended denial. The City's Zoning Board
a] so by a ' to nothing, vote has recommended denial. Six, we wish to preserve the
quiet diguii_: of our residential zoned area and we prefer that it not be
cemmerciall\' ,coned, piecemeal or otherwise. Lastly, according to your ou
testimony in which each one voiced on item 4 just a few moments ago, whatever
you said a:'out the little chopping up of twenty-five foot or fifty foot lots
could very t.c11 be said right here and we do not believe it would be in the
best intcresof the Shenandoah Baptist Church. Thank you. sir.
Mayor Ferre. Alright, Doctor. Next speaker?
Mr. Merman: Mr. Mayor and Commissioners, my name is Gerald Herman and
reside at 7865 S.W. ?8th St.
Mayor Ferro: Wait a minute, excuse me.
Mr. ongie: Would you repeat your name, please?
Mayor Ferre: Mr. Manager, I hate to do this to you, but you are going to
have to ask somebody to just keep on patrolling. You know, this happens in
the Miami Beach area all of the time and they just keep a person going up
and down quieting people. We don't have that bad a problem yet here, but
I think when there is a lot of people like this you are going to have to do
it. It's the corridors where the problem comes from. Alright, sir.
Mr. Berman: Alright, Mr. Mayor, I have been an active member of this
pzrticular church for the past twenty-eight years and I':, there two to three
times a week and 1 realize we have no desire to cause any hardship on the lady,
but like the legal. department said it cannot be zoned or be put in for one
specific item. But, once it 'starts zoning for a beauty parlor or it goes
to C-2 which has approximately 35 or 40 uses, then if something happens and
prevails that the company on the corner who owns three corners decides that
they want to expand and need more area, they are in a financial position
to make a mighty good offer where they can afford to get them a retail store
on Coral Way or anyplace and then somebody is going to come in for
then we are going to end up with spot zoning. Part of that was zoned many,
many years ago. of Course, on the other side of the church there is a little
grocery store, that was bark in there before we ever heard of zoning, This
we have no objections, but 17th Avenue is a nice residential area and once
it starts, it will continue. I wholeheartedly support our Planning Department
and also our Zoning Deportment who requested that this zoning variance be
denied at the last meeting. And I thank you, for your time and appreciate
it very much, but we would list like to see it maintained lust like it is.
39 JUL 2 71978
AaYor Ferret Ok, thank you. Alright, sir,
Ms. Juste: Mr. Mayor, my name is Carmen Juste, I am a neighbbtt of the
Huerta family at 2007 S.W. 17th Avenue. We'own the property and we don't
see any harm in this family to have a beauty salon there, so this is the
purpose I came and my family too, to support the Huerta family_. I thank you,
for your attention and I won't take up any more of your time, sir.
Mayor Ferre: Thank you.
Ms. Galvis Velazquez: Mayor, my name is Belkis Galvis Velazquez, I'm the
next door neighbor. from Huerta. I built that house ten years ago and I have
to put up with the parking across the street. The church is always full of
cars and they are always parking on my property and that av`c^.'t bother me,
I don't know why the church is objecting these nice people and very honest
hard-working ladies to have a beauty salon over there.
Dr. Miller.: Mr. Mayor and Mr. Commission, I would like to disagree with the
young lady on that on the last statement. We do not try to park in front of
their property, T wish we had that much congregation again. I can say fifteen
years ago we did have one, people were orientated and they would come to hear
the word of God and we had plenty, people let them park in the areas, they E.
were delighted to have them. But, these are different times, we have ample parking in
parking lot. f am sorry, she has misquoted and made a mistake. Thank you.
Mayor Ferre: Alright, sir. Is there anything e1:-e you want to add?
Mr. Miller: Really nothing, I think everything has been said. In summary
T think it a compatible use and they really can't use this property for
anything else, right now.
Mayor Ferre: Alright, what's the will of this Commission?
Mrs. Gordon: Mr. �ia-�r, I would uphold the recommendation of the Planning
Department and the Planning Board.
Mayor Ferr: ',7_right, there is a motion on item #7, to uphold the Planning
Department and the Zoning Board, is there a second?
Rev. Gibs.,,,: Second.
Mayor Ferre: There is a second,...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
•
Mayor Ferre: ... I'm sorry, excuse me, it's been a long' day, we started
early. I'm sorry. C'n item #5 there is a motion by Mrs. Gordon, a second
by Father Gibson to uphold the department, is there further discussion, call
the roll.
The following motion was introduced by Commissioner Gordon, who moved its
adoption.
MOTION NO. 78-527
A MOTION TO UPHOLD THF. RECOMMENDATION OF
THE PLANNING DEPARTMENT AND THE ZONING
BOARD TO DENY APPLICATION FOR CHANCE OF
ZONING AT 2218 S.W. 17 AVENUE FROM R-1
TO C-2.
Upon'being seconded by Commissioner Gibson, the motion was passed and
adopted by the following vote;
�1ES; Commissioner Rose Gordon
Commissioner .J, L. Plummer, Jrs
Commissioner (Rev.) Theodore R, Gibson
Vice -Mayor Manolo Reboso
Mayor Maurice A, Ferre
J U L 2 71978
ON ROIL CALL
Mayor Ferre; I'm vat3.ng With the majority at this point, but I want to make
sore that you understand and those of you that are neighborst And I'm going
to say it in both English and Spanish, ok, because a lot of the people here
ate spanish—speaking. This area here- no, leave it on- is basically a residential
area. Unfortunately, there was a mistake made thirty or forty years ago.
hut who would kna,4 that Miami would grow into what it's grown te, And the
strip along Coral Way is basically a commercial strip and on the same block
where there is commercial, there are houses and what happens is, that as the
commerce grows then the commerce naturally wants to buy the houses to build
commercial, that's logical and reasonable, except that is does two things.
It brings commerce further into the residential zone when people want to
keep their areas residential and the second thing that it 6aaa in this particular
case, it sets a precedent because there is a very specific line there, the
moment you break that line, then you can break the line next to it and next
to it and then you start in what's called a down grading of that zoning area.
So, for that reason 1 vote with the Department and with the Zoning Board,
(THE MAYOR EXPLAINS THE DEiS1ON IS SPANISH)
Mr. Huerta: I would like to say something.
Mayor Ferre: Of course, the vote is five to zero.
1t. 1 uert:i: I know that, but you havan't Sot'th,'rn Bell, five
years ago built a monstrosity on 17the Avenue and l9th Street andyoulet
it go. La Arboleda on 17th Avenue are condominiums and ycu let it go.
Mayor Ferre: Do you remember that?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Huerta: (7n.aur'iala)... it is a problem of big money.
Mayor Ferre: I don't know what place you...
;r. Huerta: And it is a nrohlem of little people. Now, I want the sate right,
that's all I cant., the same r.iaht that Southern Bell got and the same right
that the lanah got and the same right that this Sebastian Bar had to put a
bar right there on lath Avenue and Dixie 'Highway. The same right that the
Seven -Eleven had to put a store just across the road, that's the right I
want and I want it from you. And if you don't gi:'e it to me everyone of you
is going to hear from me and even if it takes the last breath of my life,
you arc going to hear.
Mayor Ferre: Well, thank you, for your statement, you lost five to zero,
Mr. Huerta: That's alright, gladly.
Mayor Ferre: N.;c,, let me explain it to you and those of you that don't
understand Spanish, I apologize, but there are people here who don't understand
because they weren't able to follow it in English, se T think they are entitled
to some kind of an explanation and I'm going to attempt to do that.
(THE MAYOR EXPLAINS THE DECISION IN SPANISH)
Mr. Plummer: How come it takes you twice as long to say it in Spanish as
you did in English.
Mayor Ferre: In Spanish you take twice as long to speak.
Ms. Huerta: My name is Digna Huerta and I am one of the interested persons
in this lot. It's true, it's finished for now, for now it is finished, It
has not been two years, sir, it has been nine years, long hard years since
I have been trying to build a little business on our own over there, so
that we don't have to go and pollute the air, One more car on I95, right
there on 195, two blocks away from my house, three quarters of an hour to
get into 195 to get to Miami Beach to go to work, too start and then I find
all of those ladies. 0Why didn't you come?" 'I had an accident,' "Why didn't
you come?" 'Because the police stopped somebody.' "Why didn't you come?"
And this is what we go through, so it's true that it's finished, but I am
41
i
•
•
going to sell my house. If this is what you want me to dot I'm going to
sell my property.
Mayor Terre: You are entitled to do whatever you want to do. I thank you)
very much.
Ms. Huerta: You know, and then when you have there four lines and you have
there Rapid Transit, you are going to see that 17th Avenue come out and even
the church which is my first objection. I do not know why he is so, so, so
for me not to have this little business over there and then let's see what
happens. And then I can sue the City.
DE~E,S, CONSIDERATION
REFER BACK 70
12. PLANNING DEPARTME.IT
FOR AMENDMENT TO W-1
r f t
Request was
CHANGE ZONING CLASSIFICATION
L055 N. W. lath Street
'I -I to C-5
,.r- r,q'a,s. iGr-. w. ,f fin,
er-": r 1'S It c . jar`' r
'�� W. ✓t•ir..l.Wiid..M.uri.. iL �- �-
Mayor Ferre: Alright, we are now on item #7 on first reading and it's an
Ordinance by DYN Electronics to change the zoning of approximately 2055 llth
Street from W-1 which is Water Industrial to C-5. Alright, Counselor?
Alright. sir. are you speaking as a proponent or an objector?
;NIDENTIFIED SPEAKER: I am speaking as an objector to change the zoning.
Mayor Ferre: Alright, the way we do it here is we let the proponents make;
their statement, we let the department explain it and then we will listen to'
vou, alright:
UNIDENTIFIED SPEAKER: In other words he gets first choice?
Mayor Ferre: They go to bat first.
(BACKGROUND ,:onl.ENis OFF THE PUBLIC RECORD)
,Mayor Ferre: alright. now we will hear from the department. Please, be
considerate of the others and now we will hear from the administration.
Mr. Whipple: Mr. Mayor and members of the Commission, as you indicated this
is a request for a change of zoning from W-I, Waterfront Industrial to C-5.
The main purpose of this request, is that the applicants desire to provide
warehouses at this location which are not outright permitted in the W-I
District, but are permitted in the C-5 Zoning District. We are opposed to
the request of change of zoning because we feel that this property should
rightfullvfr as it has beentbe related to the waterfront. It has L-en an
objective of the Mi,nmi Conference of Plan to give treatment and pay particular
attention to the needs of our Marine Industrial Activities and therefore,
preserve waterfront for these uses and not utilize the waterfront for uses
that do not require in fact, water frontage. 0n that basis we are opposed
and recommend against the change of zoning and the Zoning Board at their
June 19th meeting concurred with our recommendation.
Mayor Ferre: Ok.
Mr. Traurig: Mr. Mayor, Mr. Vice -Mayor, Mrs. Gordo and gentlemen, my name
is Robert H. Traurig and I represent the applicant. Salomon , as
Trusteetwho is the owner of record of the property at 2055 N.W. llth Street
and 2131 N.W. 12th Street. You will note on your map that's projected on the
screen on the wall, that the property which is the subject of this hearing
is located between the south fork of the Miami River and N.W. ilth Street.
Therefore, the north boundary being the south fork of the river and the
south boundary being llth Street and you will notice if you will look at the
configuration of the parcel, that it's a very wide parcel on the southerly
side and a very narrow parcel on the northerly side. Actuallytthe northerly
side has one hundred feet along the south fork of the river and the southerly
side has approximately three hundred and three feet on the North side of
N.W, llth Street. I think that's very significant and I call it to your
42
JUL 271976
Witraw
attention earlier in this presentation, so that you can take into consideration
• the relationship of this parcel. to the properties to the North and to the properties
to the South of the subject parcel, We are well aware of the fact that this
room has a lot of objectors present and those objectors are from the very nice
residential area that lies North of the South fork of the river. It is our
c_ontention,and we submit this to you for your consideration, that there are
tWo distinct neighborhoods involved. One is the neighborhood which lies
to the North of the river and the other is the neighborhood that lies South of
the river and whiilt is realty related to the residential community immediately to the
South of I1th Street and also to the commercial community immediately
West of this property. We will talk about that in just a few minutes. I
call your attention though to the fact that our boundaries are on the North
and the South fork of the Miami River. On the i:.ast a boat yard, on the South
some R-1 property and on the West you'll note that we are bound by property
that's presently zoned C-4 and C-2, not only the piece ittune:'.irately contiguous
to our property on the West, but also there is a narcel at 22nd Avenue and N.W.
12th Street which is also zoned C--4. Unfortunately, this map doesn't take
you far enough to the East because if it did you will note that there is also
a C-4 parcel not too far to the East o. the property which lies immediately East
of our property. In case you have a reap available to you, a City Zoning Map,
you will note that our property is waterfront industrial, but immediately to
the East of the waterfront industrial property is property now zoned C-4t
so we have C-4 to the East of us} and C-4 to the West of us. And that's
particularly significant because there was a time in 1974 in which this
applicant as well as Mr. Snowman,who owns the property to the East. both
appeared before you and requested that the zoning be charmed from waterfront
industrial t+- the k-4 or R-5 classification and those epplications were denied
and therefore, we have been faced with a dilemma of having zoning which we
consider to he inappropriate, that is waterfront industrial which we can't
use because of theeconomic feasibility of such use. We understand what was
said by the Planning beptrtment's staff and that is that the City has a
policy to encourage uses along the river which will take advantage of the
natural ;7-,viroomew- of the river. On the other hand the City has a policy
to clean ,:;, the river ar.d to have uses that will be less polluting than
some of the waterfru,tt 'Industrial uses and there is even a contradiction
in thosk policies. Let me show you though, not a current photograph, but I
don't want -;,r.0 to be deceived by this photograph because it was taken in
1974, hut it depicts the general location. And when 1 say deceived, it's
possible for you to ,misunderstand that this trash and debris which is on
our site. still is on the site. It isn't there are some industrial uses on
the site ar the present time and these derelictstwhich are on the property
in this phorographlare no longer present, but it's very important far you to
get an orientation by looking at this photograph. We are talking about a
parcel of property which 1 said is bounded by the South fork of the river,
it's not a big wide river. It is a very narrow river which is navigable
and which does have a lot of marine activity, as a matter of fact there is
a boatyard immediately to the East of our property and the property owners
who are here primarily to object to our application are the property owners
who lie to the North. It wasn't intentional that we cut their houses out,
I called to your attention that it's a very substantial neighborhood. They
gave me the privilege of visiting with them to talk about this application,
they are -.car_, nice and very cordial. Unfortunately, we weren't about to
reach an accommodation with regard to this application, but I have high regard
for tees,, a::,1 I tell. you that that is a very nice single-family residential
neighorhood. But, our contention is that this parcel of property does not
relate to this neighborhood to the North. This parcel of property relates
to the shopping, center, relates more to these properties to the South and
to 8361and to an apartment building on this tract. And this parcel of
property as I pointed out and as you see on your •:.a{, is zoned C-4. So, we
are calling to your attention the fact that we recognize that there are
certain zoning influences, one of which is a very substantial single family
neighborhood to the. North and .e would not want you to overlook the fact
that their concern is over their quality of life in their neighborhood,
Having said that1I would tell you that we think that to develop the property
as we propose is a substantial improvement in the overall neighborhood.
We believe that it's desirable,for example to create a landscape buffer
along the river. They will argue that they would prefer to see boats along
the river than to see landscaping and our argument is not with having boats
on the river because the river is for boats, but it's our offer to you, that
we willyand I read to you from restrictive covenants that we proposed
to you and I've heard you talk about the effect of restrictive covenants
43
JUL 271978
brit We are voluntarily proffering them and they are enforceable by the
neighborhood and we went you to consider them, What we are proposing to
you is that we will give to the City of Miami a five foot easement on our
North property line, so that the City will own that five feet and can permit
the docking of boats on the river- this is not really the river, it's the
South fork of the river- after which we will develop our property with a
twenty foot landscape buffer and then with warehouses that are one story high
and we don't believe that that would have the kind of adverse affect that
the marine activity along the river has, By doing what we propose we would
be reducing noise, we would be reducing air pollution and we would be reducing
the unsightly atmosphere. And we think that the neighborhood to the South)
which is a very substantial. neighbortoodpwho`s people have complained about
the kind of activity that presently occurs within the waterfront industrial
area because there are fiber glass constructions ant, there s.a painting and
there is lot of noise and there is a lct of air ,:oiiution. We think that
those people would benefit by having warehouses, good,solid, clean warehouses
which serve the neighborhood rather than that kind c` polluting affect. We
think that the waterfront industrial zone produces debris and industrial
waste and excessive noise e.:-'u excessive odors and what we are proposing will
help solve that problem. The interesting thing and the unfortunate thing about
this application, is that all we want is to pee some small warehouses on thi
property and when I s;iy email warehouses, I mean spaces that are probably about
nine hundred to a thousand square feet. And strangely the present Zoning
District. Waterfront Industrial, permits warehouses, but as drafty:. it's marine
warehouse It's a warehouse where jeti can store ccaipmcnt and supplies etc..
for the -*-Fine industry, but you can't store furniture end you can't store
clothing to serve that shopping center and you c..:,'t store your own personal
goods if you are living in an apartment in the neighborhood and have to have a
small area sr that you can have your dishes and your possessions that you
move from one location to the other and don't quite have enough room for
stored in e small mini -warehouse. And we are saying to you that that's an
arbitrary distinction. It isn't fair to these people that they can't have
a warehouee which is r-xactly the same as a marine warehouse, but which serves
a little ;'.t different ;:opulation and we would submit to you that it's
discriminatory against the property owner not to permit that. As a matter of
that discri::,ir.ationtthat it's economically unfeasible to develop and to operate
our props:t:. it should be. Now, since we don't consider that the uses. are
inconsistent with the general uses in this areator with the development pattern
in the area,or with the general overall plan for the City of Miami, we submit
to you that you oue,},t to permit us to have this opportunity. Furthermore,
although we recognize that the folks on the North side of the river are
opposite, this application. I pointed out to you and your ma^ eery clearly
shows ycu that this is the portion that's on the :forth side of our property.
We've only got one hundred feet on the North sine and we've eot three
hundred feet on the South side and it would be like the rail wagging the
dog ii the people on the North side who only relate to one hundred feet of
our property can tell us what we can do on this very substantial portion of
property which is on llth Street and doesn't even relate to the property
on the North side. And we ask you to recognize that distinction and I think
that this is e classic example of North versus South and we hope tonight that
the South side wins. Now, with regard to these restrictive covenants, I
would like to offer them to you for your examination, I have sent a copy
to the City Attorney and a copy to the Planning Department, so that you can
see that we have voluntarily executed and are prepared to give you without
any consideration on you part these restrictive covenants, We were told that
the Zoning Board couldn't accept them, but that the City Commission could
consider them. Therefore, the Zoning Board, unfortunately
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in tee: deliberation could not take these iestrictive covenants into consideta-
cic,.. Lot •::hat we're saying to you in the covenants are in paragraph (1) that
not withstanding the C-5 zone the only C-5 use that we will avail ourselves of
is to have a storage warehouse, and that the other uses that we would utilize
would be the uses that would he permitted otherwise in the Waterfront Industrial
District and (2) that we would keep the height of our buildings to one story and
the 20' and (3) that we will voluntarily dedicate that 5' to the city and we
agree to do that rer;:re eee of the outcome of this hearing because we think that
it is important tor propoperty owners along the waterfront in the city to make
that kind of a proffer to the city so that you can control the waterfront if you
care to do so and also that immediately to the south of that area we will estab-
lir`:.n landscape buffer. Now, we also you will note say that the covenants run
with the land and they're enforceable not only be the City but by neighbors who
live within, the notice area applicable to thi> nearing. On ibis side we show
you not in color but generally a schematic showing a parking plot plan with its
landscaped aree south of the area '-.r: he dedicated to the city. We submit to you
that that will be a vast improvement over what presently exists on the waterfront
particularly in this area of the south Lork of the river. Ne do have photographs
shcwing you the distinction between.... to the north and to the south and the
fact that we relate primarily as you see from our site plan on the south side
rather than on the north side. It was said at our hearing before the Zoning
Board that we will be taking the waterfront from boaters and that's not true
because by givinc the five foot dedication to the City the City will be able to
permit boaters to tie up on our property. It was also said... Yes, sir.
Mayer Terre: T'- rot quite clear, are you giving the five foot all the way in.;
the flue area and the blue area too?
Mr. Traurig: Just the yellow area, sir. Only the yellow area Is the subject
of this hearing. It was also said, and I want to call this to your attention,
in year staff r_cemmeniation that the C-5 zoning would allow inappropriate use
and since we're prepared to limit our uses to what is appropriate because the
P;-1 erd-;_nancc `.,.-.s ts, or W-I ordinance permits warehousing we think that that
true been met by acre ~:ent: and the restrictive covenants, and also that the
properties imr,-•di ate y to tee north and south are developed with stable resi-
deIitial uses .ind chat this would be incompatible and we think that this is far
mere compatibie ...,,_., the Waterfront -Industrial use. So we urge you to recog-
nize that you 1-ate seen zoning immediately to the west of us, you have a C-4
zone- just e few nuucired feet to the east of us that we are relating primarily
to the south anu that the uses that we are offering to you are limited to what
is otherwise already approved in the Waterfront Industrial District. We urge
that ycu overrule your Zoning Board and approve this application.
Mayor Ferre: All right, how many minutes was that, about 15?
Mr. Ongie: About 10, sir.
Mayor F'erre: All right. Now, who are the opponents to this, would you raise
your hands? A11 rignt, ladies and gentlemen, there are about 30 or 10 people
that have raised their hands, if you all speak we'll be here until midnight.
Could you limit your statements to half an hour, all of you together? Well,
it isn't you, sir, that I'm worried about it is you and all your other neigh-
bors that have the sane right as you do. Could you all... I'll tell you what,
why don't you a21 gather together, why don't you go to the back of the room
here - we'll take a five minute break - and you gather and see who the speakers
are going to be... You've already done that, all right, who are the speakers?
Raise your hands, these that are the speakers.
Mr. Treerig: There are some speakers in favor, Mr. Meeor.
Mayer rt'rre: All right, we'll give you each half an hour, you've already taken
ton minutes. Now, you have plenty of time...
Mr. Lancaster: My name is Lancaster. I live in the Durham Park area, I live
on N.W. 13th Street directly across the creek from Allied Marine boat service.
What I want to bring up is we are so short of boating storage and facilities
that every place on the river, close to the river accessible to a boatman should
be reserved for that particular use. Now then, according to the article in the
paper within about the last month or six weeks if we have a hurricane it is go-
ing to be the most disastrous thing you've ever seen to the boatmen. Now every
marina on the bay will have to be evacuated - Dinner Key, Miamarina down there,
45
JUL 27197$
everything will have to be evacuated. Now ':here in the world are you going to
put those boats? Now the bridges cannot operate in gale force winds. They are
dilapidated, all of them are condemned already, every bridge. You get winds,
nail force, 45 miles an hour, they cannot open and close. Now this place that
we are objecting to the warehouses which will deteriorate the appearance of our
neighborhood, they could store on trailers if necessary several hundred boats
in a 20, 25, 26, 28 foot sizes which would be a tremendous service to the Miami
Community. Now we've got to have facilities for boats otherwise we might just
as well forget it. The marina industries go to hell, I mean it's just that way.
So that land should be i;:::t the same zoning and if the owners would spend just
a little bit of money, maybe 5, $10,000 they could make a beautiful parking lot
for small boats either on trailers or they could put in a lift, lift them up
and side track them. ... Now then, here's one thing that irked all of us people
in Durham Park about this. See, we've been in this thing about six times already.
All right, tonight is the first time that we've seen any kind of a picture or a
drawing of anything of what these people propose to put in ti+:•L_ - it's the first
time. Now we had a meeting, Durham Park Meeting, Mr. Neal is present, he'll
speak in a mie ute, this gentleman here was there and we all talked it over but
nobody showed us from nothing what they wanted to put in over there. Now there
is nothing more unsightly in the world than a warehouse. Now a warehouse will
have traffic, could have traffic ray and night in and out unloading, you name
it. So I'r; going to sign off here and let Mr. Neal or whoever wants to take
over that knows more than I do. Thank you, sir.
Mayor Ferre: Thank you, sir, for your patience. All right, the next speaker.
1s. Charlotte. Ir•ti•'_::: Good evening, my nave is Charlotte Irwin any I live at
2IDI N.W. 1.th ; ._o?et, right across the river to the north. it be very brief,
I think Mr. Lancaster said most of what I was going to say. As you're aware,
the City's Planning Department opposes the item, the Zoning Board recommended
denial by a vote of 7 - 0. Sea Rock Corporation doing business as Allied Marine
has asked that the Waterfront Industrial be preserved. The Marine Council of
greater Miami i:: against any rezoning and some eighty -odd households in Durham
Park ask that you deny this petition. Tonight we're happy to report that the
Grapeland Heiyits Civic. Association should have a representative here, I'm not
sure if the President was able to stay but she said she would be here. She joins
us in opposing this. Our marine and water frontage is all too very scarce now.
I submit that we can't afford to foresake any piece of it for other purposes. I
feel that the City Commission must also be quite concerned about preserving water-
front areas because builders ir, the downtown areas are now required to allow for
views of tt,e bay in the form of arcades, walk-throughs and such as this is a val-
uable item for teerism and downtown dev::1epment. We need and want the sites and
sounds cf marine activities. It isn't only a great pleasure, we all know that,
but it is a necessity for storing, repairing and maintaining boats. Please help
us keep our river a marine oriented activity, this is very important. Commercial
we have with us always, the river not for always and not for all purposes. Please
vote against it. Thank you very much.
Mayor Ferre: Thank you, Ms. Irwin, next speaker. How are we doing with time?
Mr. Ongie: Seven minutes used.
Mr. Richard L. Briggs: Mr. Mayor and Commissioners, my name is Richard E. Briggs,
Executive Director of the Marine Council of Greater Miami, Inc., usually known
as the Marine Council. We stand on our original letter sent by our then President
of the Marine Council, Mr. Cummins to the Zoning Board on May 1st and I just quote
from it briefly, "In keeping with our longstanding position that waterfront prop-
erty should be retained for marine related uses or where feasible converted to
marine uses we urge that this application be denied". Since that letter was writ-
ten the Marine Council this very :Horning in its general met _ng for this month
reviewed this matter again and voted that a repr eon eLLve be sent to this hearing
to underscore what we had said before, that we urge you to deny this application.
One or two points I think should be made: in addition. As I think, as I know all
you Commissioners know there is a tremendous activity in Dade County now that we
are very delighted about which indicates that for the first time there's hope
that this County, this City will be fulfill its promise of becoming a real boat-
ing capital and many of you are doing, much to support that. That means that there
is going to be a greater need for services and maintenance and other auxiliary
support for a growing fleet in Biscayne Bay and the Waterfront Industrial prop-
erty, waterfront property periods a finite element in our community and what
is done with it is extremely critical to this element of the economy, the marine
industry arid recreational boating. So this has a large bearing on your decision
tonight. The applicant himself said at this site there is adjacent C-4 property
46
JUL 271978
on almost all sides. This seems to me as good an ary'.1a-;.::t that there shouldn't
be any more commercial C-5, it should be retained W-I as an argument the other
way. T}te fact that the applicant is suggesting that that hundred feet of shore-
line might be used, continue to be used for tying up boats is fine and we're
jieased to hear that but that really is not the point. The point is you've got
lahl adjacent to the river that can be utilized and should he utilized and will
sooner or later by people who will utilize it for marine uses which is what it
is zoned for. That's all I have to say, thank you very much.
Mayor Forte: All right, thank you. The next speaker? Mr. Emmet, are there any
more speakers in your ,;Troup?
Mr. John Emmet: Mr. Mayor and Commissioners, my name is John Emmer from the
law firm of Smathers and Thompson. We represent Sea Rock Inc, doing business
as Allied Marine. We own the property immediately east of the property which
is under sur-vet'l.ance tonight. The property that allied marine owns is, in fart,
zoned W-I. At the hearing before the ;ooint; Board all of 4i; ., i.:_i^I^hors who lived
on the north skie of the river were very plea:-ed with the operation that is be-
ing conducted by Allied Marine and in conjlnction with this they hope that the
property next to Allied Marine would also continue to be ,}� d as waterfront -
Industrial. it is at this particular time being used as Waterfront -Industrial,
they are manufacturing boats on {.here as it was represented to the Zoning Board
and, therefore, they are. . . The problem that they are having is that they can't
control thee c:eer rtior. that's on their own land and this is the reason that they
presented to tee Zoning Lord to change it and we submit that that property
that there ie se littleproperty zoned Waterfront Industrial along the river new
and that the :'ierine Council .s ..,L morting it and Allied Marine is 1001. behind
the Marine Counci l.'s recommendation.
right, thank you, Mr. Emmer. Next sneaker?
Mr. Clarence L. Smith: My name is Clarence L. Smith. It is nice to come before
this council :sere tonight, I'd like to make it as brief as possible for you be-
cause I.knok >:;i're all tired. (1) This attorney for the property speaks of the
covenant he is :doing to give to you and the 5', when he wives the 5' my understand-
ing is he C:l' Lui1.. .I.i that 5' anyway so he's not really giving anything he's
just taking away sore hi:: +7 he won't have so much taxes to pay. That's number:
one and numb_:: two, if any of you people that are in the audience here know any-
thing ateut the teeting industry, if you own a boat here and you try to find a
place to take your beat and get the bottom repaired or the engine worked on there
are not enough marinas here in town at the present time, we're very short, it
takes you weeks to get on a ways in order to get your boat cleened up a„a painted.
That's another item and I just feel as though we're making d very grave mistake
if you allow this and one more item, I think that the zoning that is on each side
will take care of the type of zoning that they're asking for and if you grant
this it is another case of spot zoning and I think that we've had enough spot
zoning in Lade County. Thank you very much for your time.
Mayor Ft: i:: c• : Next s_,ea.I erg
M.r. Herb Neal: Z'y name is Herb Neal and I live directly across from this prop-
erty they are trying to rezone. I am the President of the Durham Park Neighbor-
hood Associa-ion. Durham Park is made up of a quiet well landscaped area between
the Miami River and the South Fork of the River just east of 22nd Avenue. We
have 86 hoses in the Park and about one half of them are located on the water.
Most of tY:r,e people are either boat owners or just love the boats and the acti-
vities that. +.;t, or; along the river. On June lst we invited all the Durham Park
reaid.ent; to a meitine at my house including Mr. Traurig, attorney for the prop-
erty seeking this change. We had 63 people show up and this was discussed for
over two hours by Mr. Traurig as to what they wanted to do with their property
but a count of hands after Mr. Traurig left showed that everyone attending this
meeting was against a zoning change. We are not against the owners of this prop-
erty building what W-I permits. What we don't want is to see some more of the
waterfront taken away and used for another purpose. I am quite sure when the
preeent owners bought this property they knew it was zoned W-I and it only per-
mitted a boat related operation. I am also sure there is no doubt in any of the
Durham Park residents' mind:- that the present owners of this W-I property could
care less about boats or the boatman's needs. They purchased this property with
the idea of getting it rezoned and making a fast buck. It seems that about every
two years this bring this before the Zoning Board to see if they can build high
rises or something similar. We have been down here I think five or six times
on this property already. Now they want to build mini -warehouses. We don't know
how many or how large even t.hough we have been the Zoning Board Meetings three
47
JUL 2t1978
times and one meeting with Mr. Traurig at T,. house. They have not told the
Boar'3 or us what these will consist of. We do not know, however, that a change
of toning from W-I to C-5 would permit. We do know, however, that a change of
from W-I to C-5 would permit welding shops and many similar businesses.
There would be much much noise as well as around the clock operation by some of
the tenants. It would be impossible to control this situation. The people liv-
ing close by would not be able to sleep nights if this zoning change should take
place. •The seven tenants that occupy this property now, mostly boat builders
close up shop and are gone by dark. There is no problem there at the moment. I
have contacted the Aliepatcah Community Association as well as the Grapeland
Heights Civic Association and I find they are opposed to this change as well as
spot zoning in general. Also the Marine Council assured me they are against the
change and would send their representative to the meeting tonight to protest this
change. At the last meeting before the Zoning Board Meeting #3 it was shown that
only persons wanting the change was Mr. Traurig, their attorney and his client.
A raised count of hands showed 53 people were opposed to it au = for it. I
respectfully ask that the commission will not permit this spot zoning to go into
effect and this property will remain W-I. Thank you very much.
Mayor Ferre: Are there any other speakers as opponents? Seeing none, now, Mr.
Traurig, the Proponents that wisp 'o speak.
,r. Traurig: Yes, sir, I have four speakers, Mr. Mayor, I will call them in the
orer that they signet' up. '.first is Mr. Orlando Conde and then I'd like to have
the opportunity to wrap it up.
Mayor Ferre: Ail right, six.
Mr. Orlando Conde: Mr. Mayor and Commissioners, my nare is Orlando Conde, I live
at 2103 N.W. llth Street. Before I start to speak I would like that each of you
examine this picture that I took from the front door of my house to this place
so you can have an idea of what the neighbors on the south side of the river are
going through. T have complained to every department in the City of Miami against
these people. The only hope that we have at this moment is the changing of the
zoning. We art, receiving pollution every day, my children are complaining ...
from the boat manufacturer. We cannot do anything about it, the only hope that
we have at this point is the changing of the zoning so they can build warehouses
or something like that so we're going to be safe from the pollution. I don't
know what kin.: ,.onsideration these people are receiving because they live
enough far away from the point this place is at this moment. I believe... I
challenge each of them to show me a picture right from their house to this lot.
I believe tney live around two blocks from where this place is at this moment.
Thank you.
Mayor Ferre: Thank you, how are we doing for time?
Mr. Ongie: Two minutes of the proponents time has been used.
Mayor Ferre: No, but he spoke before that ten minutes so that's twelves
ahead.
Mr. Traurig: The next speaker is Mr. Francisco Alberto.
Mr. Francisco Alberto: I need an interpreter, please.
Mayor Ferro: All right, would you interpret.
Mr. Conde (as interpreted by Mr. A.E. Perez): My name is Francisco Alberto. I
live at 2050 N.W. 20th Street. I am directly in front of the place that we have
been talking about. We have to be inside the house because of the fiberglass
when they are working across the street. At this very moment that place is to
me a complete disaster. I an one of the affected, I live directly across the
place. I would like for you to take into consideration the place as it stands
right now. I am for the zoning change. I would like to know what is the reason
for those persons across the river which are not affected, why or what are they
complaining about. To me it would be better for an industry or a factory to go
on in that place so that people could live better, work and earn more money not
as it is right now which is not producing anything. Thank you very much.
Mr. Traurig: The next speaker is Fernando Rodriguez.
Mr. Fernando Rodriguez; Necessito interpretador. (translation by Mr. Perez) My
name is Fernando Rodriguez. And the reason that we had why not to change the
zoning, we want to build factories. I as a homeowner there, I emplace anybody
48
JUL 2 71978
in here that if they want to have those places to i,e rented :.or i.ne uses
then they will be rented for marine uses. Those who are there with the marine
uses that are opposed, that want to have that as they want it, that we have a
question why if those who want to have a marina there, why can't we have a mar-
ina there. On the other side we have a commercial site, in front of us we have
all the neighbors who have been suffering from it because there hasn't. been a
general cleanliness carried on in that place. flow en the riverfront where so
much underbrush exists we want to beautify the river with trees, sidewalks for
the betterment of the neighborhood on either side of the river. I don't think
that we're asking for an i.nustice against the law that protects either those
who are with the marina or those who are with the marina or those who have the
commercial center. I can give them my address, all those who live across the
river and those who have a marina there but since tomorrow we can issue con-
tracts that if they want to have a marina there they can have a marina there.
Sr there is anyone to rent all the spaces for marina uses I emplace those per-
sons in front of the Commission and Mayor that those spaces will be rented for
marine uses, and at the same time to those neighbors on the south side of the
river give the test comfort having been for so many years and been subjected to
underbrush and general cleanness of the arca. Thank you very much.
Mr. Traurig: The last speaker on behalf of the proponents is Jose Montiel.
:r. Jose Montiel: My name is Jose Montiel,one of the owners of this property:'
Mr. Mayor, Commissioners, I don't want to take any more, minutes, I agree with
Fernando, my partner says. Thank you.
Mr. Trauric : 'very quickly then, Mr. Mayor. in summary let me iedicate to you:
what I have ee ceived by the statements made by others tonight. d'_. Lancaster
asked some questions. He said, "Where are we, the cc:i' .unity ping to put our
boats?" and I would say to you we're :lot denying anyone Lhe opportunity to dock
boats and I say t.hrt to the Marine Council as well.. He also asked the question,
rather he sugge:;ted that the warehouses would deteriorate the appearance of the
neighborhood a:d 1:hen suggested that we store the boats on trailers as if that
would be better for the aesthetics of the neighborhood. Mrs. Irwin suggested
to you that you c, ht to consider the recommendation of the C.rape.la-rd Heights
Assoc at .., n and 1 do:-.; think that this is really the area of concern of
the geocraphic area in etiiii_._;r ne Grapeland Heights Civic Association normally
would have coneeee. Mr. Briggs with whose Marine Council 1 have no quarrel and
whose lofty oi_: :..'tives I think are valid, I would answer to him that from a prag-
matic standpoine the suggestion made by Mr. Lancaster is accurate and that is
that this is a creek, this isn't even a major river. This is a very very narrow
fork in the river and .this is not where the major marine industry will locate
in the future. Mr. Srmner representing, and I have great respect for Mr. Emmer
for his firm, for Allied Marine, but he is suggesting to us that because of our
proximity to :ill ied Marine we ought not have this use that we request and i would
suggest to you that there may be a motive on behalf of his clients which is that
if this property were not utilized for this C-5 use for warehousing then we would
sell it to them and they could then use it for this use and we have not really
felt that what they were proposing to us was a fair proposal. And I'm not speak-
ing from first hand knowledge and I would ask you to accept that for whatever
credibility you would like to attach to it. Mr. Smith talked about the five
feet, I'm not talking about five feet, I made a mistake, it is a twenty Foot
landscape buffer af'_:ei the five feet that we propose to dedicate to the City.
So we're talking about setting back a total of 25 feet. And I would like to
show you what we're really tacking about in relationship to our neighbors. If
you will look at yc;u.- map and you look at 12th Street immediately west of our
property everything to the south of 12th Street is zoned C-2 and C-4 and we're
asking you to draw that 12th Street line, the north side of 12th Street right
across through our property. If you draw it right across through our property
it would seem to me absolutely logical that that property shc'n'd be zoned C-5
from that northerly line south to llth Street, if .'ou eee that. And the reason
for that is that this City has often talked about transitional zoning and I think
it is reasonable for you to go from W-I to C-5 to C-4 to C-2 which is exactly
what you would have accomplished if you grant this application. The only por-
tion of our application, therefore, which probably would not be affected by the
C:-5 would be that area on the very north side of our tract which we're prepared
either to dedicate to the City or on which we would create the landscape buffer.
So we think that what we're proposing to you is an absolutely perfect solution to
your downgrading thzoning from the more intensive uses to the east to the less
intensive uses to the west or in the alternative you might even consider a modi-
fication or an amendment of the existing ordinance so that we could have the
normal warehousing in the W-I zone because to say we can have marine warehousing
but we can't have the other warehousing I think just denies a large segment of
4O
JUL 2 71978
ehe population the opportunity te, have %a rc.,eis7r:able u E of that property. Mr.
Neal indicated that he is not against ?tiatcrfront-Indu:tri.ai but that we're taking
away the waterfront and again I say to you we're not taking away the waterfront.
He also suggestee that we're fast buck people, we've owned this property about
ten years. He then sugcestel to you that what we're asking would permit a weld-
ing shop and other obnoxious; uses. I'd like you to consider what we could have
if we wanted to use this for what Waterfront -Industrial permits. We could have
a ship yard, we could have commercial docks, we could have ship building, we
could have railroad lines, a dredging 'rise, a fish house, fish canning, .smoking
and curing, :hip char i`.::;, railroad ri,hteof-way; boat sails, etc.. manufacturer
of parts, manufacture of equipment, etc. What we're saying to you is that what
we're askin5 for is substantially less intensive, substantially less offensive
than the uses -1.at we could have with the Waterfront -Industries.'. Therefore, I
irge you on behalf of these owners ei tile: to recognize ze what you've done elsewhere
in the City and to create a transition from: the more intensive uses to the less
intensive or to consider an ordinance change which would p,_:rea ` this use in the
Waterfront-Industri.ai zone. Thank you very much.
Mr. Eirtr er: l'o just hiketo take this oflr.ortunity to refresh Mr. Traurig's mind
that when we were at the Zoning Poard eiscussi:a this :natter not only his clients
but Mr. Traurig accosted us and said that "obviously you're going to have to buy
rwe ccr c1 the use of this particular piece of property".
this property since can't � .' ;
I'm afraid he :as a very short" I',h:-aeey and casting aspersions on our client. I
would lust like to call that to the Comissioners' attention that that was the
case at that particular meeting. We haVe no alterior motives, we are in the boat
building business, if the property becomes for sale we have the right to bid on
it as any other .- t-izen does and if they efer it to us at .. good pri._._ we'll
take it. 'isle: Beason we're here is to support the 'Marine Cou•'.cil. That's what
we're engaged in. I'd like to call your attention se that They bought this prop-
erty in 1973, t:,t to set the record straight, I think it is only fair to do that.
Mayor er rC; . Al 1 right, now I think we've heard both sides amply. I'm sure there
are not any NC:: argu.^int s. Do you have something new? All right, ten seconds or
something new and then I'll give you ten seconds for something new, Mr. Traurig.
Mr. Lancaster: All I want to do is clarify one thing, that water, the south fork
of the river ie not a creek, it is a canal known as Comfrey Canal and the narrow-
est part is 60' wic'e and it takes boats up to 125' into Allied Marine which means
about 10' draft.
Mayor i'erre: All right, thank you. Now, I think we've heard all the arguments
on both sides, are there any question from members of the Commission? I hope
not.
Mr. Plummer: Yes, where are those photographs?
41) Mayor Ferrer Which protographe, Mr. Plummer?
Mr. Plummer: The biggie:;. Of the department, I'm sure you`ve'been there, and •
inspected this property, I would like to ask; if you know approximately the height
of the present Allied Marine sheda, storage, whatever you call them -
Mayor Ferro' ;:ore than 20'.
Mr. Plummer: Oa, that's what I was... I have the impression from these photo-
graphs that e is in excess of two floors.
Mx. :Jim Reid, Planning Director: I would say it is in the .vicinity of two floors,
I've just estimated it at 20, 25' in height.
Mr. Plummer: All right, one other clarification, do I understand that under W-I
that, in fact, you can have presently marine warehouses as acceptable?
Mx. Reid: Marine storage ie a permitted use along as it is marine oriented which
is the basic intent of the Wei district.
Mr. Plummer: Well Okay, this man I have heard him and I'm kind of even scared
because I -ad a translator when he spoke this afternoon and I obviously lost
something because it was my idea from him that it was, in fact, going to be used
for boa. building. This man has proffered here this evening that he would be
more than happy to rent these warehouses for marine uses. Now, you understand
where I'm lost? What I'm saying is you know if the man is volunteering that he
wants to rent these to marine uses what in the hell are we even doing here? ,,..
50
J U L 2 d 1978
Well, y_::, but in other words are we hung up on the fact that we've got to have a
policeman out there to decide whether or not this piece o" rraterial is marine
oriantc•d or not? I'm losirg something. T}ic man is volunteering to do what is
err-isaihle. If this is the case why is there any hang up? Now go ahead.
Mr. .1im Reid: I could respond, of course, there's no requirement that
once the general use is granted that marine warehousing would, in fact, be car-
ried out and I think that as it was described by the attorney he did mention
goods in the neighborhoods supporting the neighborhood shopping center, people
from apartments storing their goods there and so forth so maybe that can be clay'-
ified by the attorney himse1 .
Mr. Plummer: Well, Mx. Traurig, if you would like to clarify that, sir.
Mr. Traurig: Yes, Mr. Plummer. We in seeking the C-5 wanted the opportunity to
have general warehouses which would be offered to the marine industry so that
they could store the same things that they could store it the wa.'rfront-Indust-
rial zone but we did not want to limit it and that was our hang up because other-
wise we could just build warehouses in the Waterfront -Industrial zone. We didn't
want to limit the availability of those storage bays only -,, people who wanted
them for marine purposes. We wanted the other people in the neighborhood includ-
ing the merchangs to have the opportunity to rent one of these small bays for
those mini -warehouses which you see all over Dade County, up and down 1-95 and
elsewhere. So the warehouses are general warehouses but they are available to
the marine industry as to others. We would limit it so that for the first per-
iod c•f time we would offer it solely for the marine industry if they wanted us
to and after cite expiration of that period of time we would be free to offer it
to the oeneral public. We just don't thi al: that we ought to be limited in whom
we ran serve when it is exactly the same kind of a building and what we're saying
is chat certain kinds of people can come in our door :rid some kinds can't and we
d,,•''_ think that in 1978 we ought to exclude a segment of our population.
Mr. : ohn Pascals: Mr. Mayor, I'm John Pascalis, I've lived in Durham Park 31
years and I'vc lived in Miami. 54 years. The difference, Joe, between a marine
warehouse and a regular Waterhouse is that a marine warehouse is usually serviced
from the water r1r.d the regular warehouse is usually serviced by railroad tracking
or trucks and I'm surprieod that the traffic problem hasn't been brought into
this conversa:.icn tonight. Eleventh Street is already over-trafficed and if we
u t a warahouso. there it is going to bring in trucks and private cars, trailers,
all manner of land transporation that does not need to be in that section. It
is land locked be the throughway that goes through there, you can't go straight
nci t'a you h:.vc go to 22nd Avenue or all the way to 17th Avenue to get through:
to the south.
Mayor Ferre: All right, any further questions?
Mr. Plummer: Maybe you were second guessing my next question. Can the depart-
ment approximate for me approximately how far back from the canal 25' is? Would
it give access to 12th Street?
Mr. Whipple: I don't think so, Mr. Plummer, no. Twelfth Street I believe is
drawn as a 50' width so it would indicate that the right edge of the blue line
is probably in the vicinity of 75 to 100'. Is that about right, Mr. Traurig?
You might have a better idea.
Mr. Traurig: Well, I would think that might be about 75'. The east side on the
other hand would probably be around 25', maybe 35'.
Mrs. Gordon: What percentage of the, if you had that structure, would be for.
marine and how much would not? Would you say 50% more or less?
Mr. Traurig: I think that depends on the marketplace, Mrs. Gordon. As a realtor'
I'm sure you know that we can't predict those things.
Mrs. Gordon: Okay. How large a warehouse are you planning, square foot?
Mr. Traurig: We have a warehouse which has 33 bays and those bays average about,
900 square feet.
Mrs. Gordon: Around 30,000 square feet,
Mr, Traurig: Approximately.
•
•
Mrs. Gordon: And the land area is how lair;_::
Mr. Ttaurig: The land area, my friend Mr. Lancaster says two and three -quartet
:res. It is 74,000 feet so it is about an acre and three-quarters:
Mrs. Gordon: And the balance of the property will be used for parking, is that it?
Mr. Trauriu: Yes, ma'am, landscaping and parking.
Mrs. Gordon: Mr. Whit:: l.e, I've listened and I haven't said much but I was thihking
about the situation. I'm not in favor cf C-5, .I might as well state that right off
the hat, but I do want you: to consider and answer my question which relates to the
possibility of including in the W-I some mechanism that would per:.it the inclusion
of some of these warehousing uses in with the marine warehousing, a percentage of
it, whatever percentage would seem reasonable because all of that property is not
on the water anyhow. Some of it is closer * :• the street side: anu t`,: portion that
is on the water is relatively small compared to the part that is on the street.
Mr. Plummer: Well, my problem, a rose is a rose is a rose, a warehouse is a ware-
house is a warehouse.
Mrs. Gordon: Yes, that's
I'. Piurmer: I've 'jot a , r,blerii.. I've got to be truthful with you, you know God
only made so :Duch water. on Land you can go sky high but God only made so much
water and now these people oie willing to donate the first. 5' to the r'.'•_y which
would not then restrict that to be used Lhe waterfront. vo,_, know sitting here
if I put myself in Durham Park if I've got to have a boat o,eration, a boat build-
i r' or a warehouse ceneraIly a warehouse doesn't Cent: te rnoise, generally. If I
accept Mr. Trauric1 that he would put a maximum of what I'm looking at in these
pho`.:c4raphs and sor.;ewhat attested to by the department, this one shed here has got
to be 4 ' iig :A l ie3 Marine you know give_ or take... It's cot to be 401. Now
I find it cif. .it to be hung up on what is going to be put in that warehouse.
It's not whether they're going to he warehouses, they can build them legally now as
long as it's nautical insic?e. A warehouse is a warehouse. You across in Durham
Park are not boa ry to kncw is in that warehouse because I'm going to assume
that those doors are going to be closed. Now let me tell you what I do have a hang
up with an3 what T. ::as 'et ing to equate in my mind and I think that possibly we can
do. I am '.;all ,.z of the problems of llth Street and the traff:,.c and it was my
hope_, and even t}inunh my mind is not completely with it, that we could make it man-
datory that thc. o::-t would have to be by 12th Street onto 22nd Avenue rather than
:-o held to the congestion on llth Street but also, Mr. Traurig, I've got a problem.
Your very kind and generous offer of the first 25' from the water, how in the hell
am I going to aet to it? I know I can get there by boat but when I dock my boat
how am I going to get around the security guard at the warehouses to keep them from
shooting me?
Mrs. Gordon: I think the most reasonable approach to protect the neighborhood to
permit the w-I to continue. is to take the approach of amending the W-I to permit a
combination of uses.
Mr. Plummer: I've ao,, no problem with that.
Mrs. Gordon: Okay, then I would so move that we refer this back to the department
with the en:f.er:;tar,dinn that we're interested in amending the W-I to permit the com-
bination of warehousing for marine and/or other warehousing but no other uses.
Rev. Gibson: I second the motion.
Mayor Ferre: All right, there is a motion and a second further discussion on the
motion that's been made?
Mr. Grassie: Yes, Mr. Mayor, either now or when you consider it the next time I
think that we ought to have the department comment on why the Waterfront -Industrial
zoning exists in the City and I guess we would like to understand that what we bring
back to you may reflect the philosophy of having that kind of a zone to begin with
rather than simply incorporating warehouse provisions in it.
Mayor Ferre: Mr. Grassie, let me add my voice, I've kept quiet too and listened to
all of this and I want to say that if I lived in Durham Park and if I were a neighbor
I would much prefer to have the landscaped proposal that these proponents are offer-
:ngincluding the 25' strip on the water and the green area that they propose and
enclosed warehouses which would greatly improve the area and I think you would accom-
plish a great deal of the things that we all want to see accomplished. However, I
52
JUL 2'?1978
am reluctant and I see the Marine Council's argument that with the severe limita-
tion that we have of Waterfront -Industrial property, and there is very little of
it left, to take W-I and convert it to C-5 which in itself is a downgrading and
a limitation I think what Mrs. Gordon is proposing and Father Gibson has seconded
makes an awful lot of sense because we would maintain the Waterfront -Industrial
because it isn't what it's being used as now but what it will be used as in the
years to come and if we can allow warehousing that would be either transitional or
that would be used in other purposes for the time being until the demand for more
water oriented industrial were to develop I think we would be able to satisfy the
neighbors and at the same time., let this property be improved and God knows that it
needs improvement. It certainly needs improvement, I don't think there is any ques-
p tion about that. So I. think that this is a wise approach to a problem and the only
mm imposition is that it is going to take a little bit longer than if you just got it
tonight.
mm
mm Mr. Traurig: We think that that is a fine solution.
mm Mayor Ferre: All right, thank you very much. We're going to bring it to a vote
mm
now and I would assume you could brine this to a head in September, Mr. Manager.
Mr. Grassie: We can, Mr. Mayor, but I would suggest to you that sooner or later
ME
we need to let you tonow how much C-5 there is in the City, how it is being used if
at all and what the impact of what you're asking us to do is likely to be.
Mrs. Gordon: We don't want more C-5, we're going to keep the W-I, we don't want to
change it.
Mayor Ferre: What we're talking about is u change in the ordinance wo that it would
permit a variation of the usage in W-I.
M. Grassie: I understand that, Mr. Mayor, I guess the basic question is whether
or not, in fact, that makes useless a W-I zoning.
■
■
Mrs. Gordon: Nut necessarily, Mr. Grassie, because you're not removing any current
permitted uses, you're simply saying that the same warehouses that you're permitting
can be used to store different things in them and that's all.
Mayor Ferre: :nd that makes sense and I think that solves the problem of the neigh-
bors and i:nr s :t a '..:e property and it solves the usage of it. So I think that that
is a Solomon type decision, Mrs. Gordon, and I commend you for your wisdom.
Mr. Reid: Mr. mayor, may I make one observation in terms of the Planning Department's
perspective on this? For one thing we're talking solely in terms of a warehouse and
the waterfront use permits a variety of other uses to occur there so once you build
a warehouse essentially you've got a warehouse. The second thing is if we amend the
district across the board then, we're creating in every W-I district throughout the
City the competition, if you will, from the potential of mini -warehouses.
Mayor Ferre: But see, then the answer to that is, and I know that I have a differ-
ent attitude in this than some of my distinguished colleagues hero but you know there
are areas in the United States like Houston, for example, that have no zoning at all
and perhaps the economic forces at play in the market place are perhaps sometimes
the best way to let these things go. Now I realize that zoning is there to protect
and to create certain areas but you know this property right now is a blight. It
is a dust bowl, it is ugly, it is not the best use and I think this is an acceptable
compromise that satisfies the requirements of the neighborhood and at the same time
will let this property be better used and better developed.
Mr. Grassie: We simply want to make sure, Mr. Mayor, that the City Commission is
aware of the circumstances that prevail in the City so that you can make an informed
judgement.
Mayor Ferre: We understand and this is something that we'll take up in September.
Mi. Grassie: But Mr. Mayor, if you're asking us to bring back something which pre-
judges the answer before we give you any kind of....
Mayor Ferre: No, we're not doing that. I think we are giving you the sense of
this Commission as to how to solve the problem on this particular piece of property.
I think that that certainly gives the department the full liberty of if you don't
fees that that solves the problem to come back and say so, I'm sure that you'd do
so anyway,
JUL 271978
Mt. Grassie: Well, if that is understood tr:at':; fine.
Mr. Plummer: Well, let me just add a comment after that of the Planning Director
Your know the Pia..r.ing Director hasn't been in Miami very long and I accept that.
Let me tell you something, I know the river up and down and Mr. Director, I want
to tell you, sir, I don't know that it isn't a good thing for some of the other
property that exists because I'll tell you if I owned that piece of property
you know what I would put on it immediately? Freezers for lobster and shrimp.
Mayor Ferre: A funeral ho' . .
'.r. Plummer: No, a funeral home would not fit in there contrary to the freezers,
No, I mega, you know your comment is that it would be detrimental to possibly allow
th'- ;:o exist somewhere else and the one thing that. the marine industry, because
you don't know that I do and these people do know that a lot of these boats that
come from South America that use the river bring frozen lobster. a,,v -ozen shrimp
•..p that particular area of the river.
Mayor Ferre: We're not going to solve that i-.Dnight, J. L., and I agree with your
comment. Can we brine: this to a vote?
Rev. Gibson: Mr. Mayor, J. L., I wanc you to hear what the Mayor said, He said
there is nothing; wrong w: th having freezers for the dead on the river.
Mayor Ferre: That might be the coming thing.
Plummer: You think you've got objectors },o,.,, now?
The following motion was introduced by Commissioner rrordon, whb moved:i
4lijoption :
MOTION NU. 76-528
A MOTION TO DEFER CONSIDERATION OF REQUEST FOR CHANGE OF ZONING
AT 2055 N .ii . IITH STREET 1-ROM W-I TO C-5 AND REFERRING THIS
APPLICATION BACK TO TIP" PLANNING DEPARTMENT AND REQUESTING THEM
TO PREPAI-d: A PROPOSED ORDINANCE AMENDMENT TO THE W--I ZONING
CLASSIFICATION TO PEPNIT MISCELLANEOUS WAREIHOUSE STORAGE.
Upon being seconded by Commissioner Gibson, the motion was passed and
adot.ted by the following vote:
AYEb: :ir. i'1ur.Lmer, Mrs. Gordon, Mr. Rebosc, l�ev. Gibson and Mayor Ferre.
NOES: None.
Mrs. Gordon: Mr. Mayor, I think we have to defer this item until that other is re-
..1v�d.
�ayor Ferre: All right, there is a motion on Item #7 by Mrs. Gordon to defer the
final vote on Item #7 and Father Gibson seconds, further discussion on the deferal,
call the roll.
The preceding motion :ntroduced by Commissioner Gordon and seconded by Commis-
:,ioner Gibson was passed and adopted by a unanimous vote and incorporated into
Motion No.
76-526.
JUL 271978
13. FIRST READING
ORDINANCE:
CHANGE ZONING CLASSIFICATION
North side of N. '•i. 23rd Street
N.'J. 17 Avenue to '1.11. 25 Avenue
from R-3 & R-4 to C-5
Mayor Ferre: ... would you give your name to Pat Keller, those of you who are
opponents. Okay, we'll hear from the administration first.
Mr. Richard Whipple: t•tr. Mayor and members of the Commission, just as very brief
background,you may remember that an application came before this body for a request-
ed change of zoning in connection with the Northwestern Meat Market, location 21$t
Avenue and 23rd Street. Pursuant to the f a -:t that that request ee.,:1d not be culmi-
nated because of City laws the City Commission requested that the department pre-
pare a study and that public hearings be held by which to consider a change of zon-
ing on the north side of 23rd Street between 17th Avenue :-:ad 27th Avenue from the
existing R-3 and R-4 zoning classifications predominantly to a C-5 zoning classifi-
cation which was the classification that was being sought in the individual petition
initially. We have indicated the area that was studied, the whole area was studied
bet the particular area that has been proposed for rezoning to C-5. We did this
study and it is part of your packet dated May 30, 1978 and in that study we recom-
mended that none ef. the area indicated on the map khere proposals to C-5 be changed
to that classification, that that: classification was not apprc.,riate I will elude
upon the reasons in a minute. And subaedaent to our study and. the Planning Advisory
Board Hearing of June 7th the Planning Advisory Board also x.ecommended denial of
any changes of .zoning in this area concurring with tne department. We have a pres-
entation which we are shortened by which to serve time this evening but we'd like
to show a fea :.lines before we get into the summary of our conclusions just to indi-
cate the chataeeee of the area. We'll go through these quickly while I'm talking
but the first point we're trying to make here is the land use character of the area
which is indicated as commercial on the south side of N.W. 23rd Street containing
warehousing, ceemorcrai uses and similar activities almost continuous on the south
side. On the north side o:. 23rd Street we have quite a different character. This
character is raeidential in nature, single family homes, duplexes, multiple family
dwellings eablie nou ainq, churches and ever, a portion of a school site fronts along
the north side. There are two distinct characters, two land use characters that
have: exited and are existing in a compatible nature. The basis for our recommenda-
tion of nu change of zoning is primarily that of not being able to justify additional
commercial or industrial zoning in this area. I bring your attention to the aerial
photograph in front where we have delineated 20th Street on the south with a red
line and 23rd Street on the north. The area in between the two lines, part of which
is known as the Allapattah industrial area and is almost entirely zoned I-1 and C-5.
We haee trouble justifying additional C-5 or heavy commercial zoning based upon some
of thd characteristics that exist in this particular area which is right immediately
south of the subject area suggested for rezoning. First, we have significant amounts
of vacant commercial land. Again, I point out 23rd Street is the red line, the line
on the area below is the railroad right-of-way and the division lies: between the
existing C-5 and i-1 ::toning. In addition to some significant amount.: of vacant land
we have a sidnifiear:t amount of the area that exists in residential character or
with residential else at the present time. Of this 100 acres or excess of 100 acres
of industrial zoning represented in this area here approximately 40% of it presently
exists in a residential classification and the vast majority of this residential
use are wood frame residential structures most of which are in a dilapidated or deter-
iorated state. The point we're trying to make is that there is available properly
zoned land for either redevelopment utilization of existing vacant land or in some
instances which the next acetate indicates we have existing vacant commercial struc-
tures. The astonishing large one in the middle does happen to be the Biscayne Annex
Post Office Complex. The Post Office has moved out to the airport vicinity, that
site and related sites are available for development by someone or redevelopment as
the case may be. But as you see on this map there is ample land available that is
not heir,g used, it is vacant or is developed and vacant that can be used without go-
ing into a change of zoning of the nature presented here this evening. In addition
to the facts relating to the availability of land we suggest that the commercial
change on the north side of 23rd would not be consistent with the land use character
as it exists today on the north side of 23rd Street. There are approximately 180
residential units fronting on 23rd Street which do not include some 80 or 90 public
housing units that front oe 23rd Street. As I indicated to you the last time the
Majority of this development or over half of this development has occured since 1961.
We also have mentioned in the past that a change of zoning to C-5 would not be in
accord with the Comprehensive Plan. The Comprehensive Plan is very specific
55 JUL 271978
delineating the :.and use bound,nty lines at 23rd Street where it presently exists
and specifies a low to medium density rr'iitiplc family residential development to
the north of 23rd Street, a large area of which is presently developed in that
Manner and in that category. Of particular concern comes the question regarding
the inpace of commercial zoning on the residential areas to the north or to the
residential area that this aiditional C-S zoning would abutt. I point out to you
that this plates residential properties; that front on 24th Street in a very precar-
ious and a very close proximity to future liberal commercial development. 1 sug-
gest to you that there is a sac` nr of noise, there's a possibility of fumes, there
is a close proximity of a _:o;snercia1 wall shall we say within 10 feet of the rear
line of these residential prapert.ies. We do not feel that this promotes a good liv-
ing environment. We sng hest that the existing conditions with respect to the resi-
dent.ial facing the commercial on 23rd Street now is far superior to that that would
_eomoted by the new zoning and that at leeet we have a spatial relationship, we
have a space relationship provided by the street which makers it considerably more
tolerable a situation `.hen would be if the zoning was applied r,. .. o north side.
In addition to the spatial relationship we have actively working in the area Commun-
ity Development ;rograras and activities. The first phase of the 23rd Street Improve-
ments running from 22nd Avenue to 27th Avtt?'.ie is out for bid or just came in for
bid recently which will provide landscaping, curb';, gutters, sidewalk repairs, chan-
nelization of traffic movements so t.t,e`...`the traffic is not helter-skelter throughout
the area and the second phase which will be from 22nd to 17th will go on the drawing
board as soon as the fist phase is undee construction. These are al.ioceted monies
: r these improvements in the :.sea which we think is beneficial not only to the resi-
dential developmenc on the north side of 23rd but also to the commercial development
on the south sloe. Another poseeble impact: is that impact that may occur with re--
ieeet to the co:ersetclal development Illov.ing aetivitieC , :uOd3 are: circulation
earthward into the residential area up towards 28ch ft`:eet. Ws feel this is a very
detrimental impact and an impact which would actually hL i t'i coI::ict with our Com-
,c.nensive Neighborhood Rehabilitation Program by which to improve and upgrade the-
d.lousino stock that is in this area. One of the things that the Community Develop-
ment P1---r.:ram ha^ dine is recognize this residential area north of 23rd Street on
up to Stith an a -eery viable and a very important housing stock and resource for
this city. The possibility of increased truck traffic, additional commercial traf-
fic alone 23rd Street are ali '_'actors that would have in our opinion an adverse im-
pact on these residential anew : That basically summarizes cur recommendations with
the exception of .:wo points or one point in particular. As we started this consider-
ation for a chahee of .'.oning with a single application I think it appropriate that
we eorment on "'.: ipe i ati on and comment with respect. to possible testimony that
will be given here this evening. Going back to the application for Northwestern
Meats we'd like to point out first their existing property where their operation is
Oe the nort : side -± 23rd Street and 21se Avenue and then neatly the change of zon-
ing of the property that they had for a change of zoning request from R-3 to C-5
across the street from them. One of these lots as you may remember was with the
cooperation of the 'Tin packing Company which is next door to Northwestern Meat at
the present time. You'll also note that further north to 24th Avenue, the next
• .rown square :e property that is also owned by Northwestern Meats in a residential
category. Lastly, On the south side of 23rd Street down approximately to 19th Avenue
Northwestern Mau also owns six lots. We suggest to this Commission, that some of
the arguments that: have been posed to us at previous hearings that there aren't lands
available for expansion; 'he need for railroad siding which we still question, the
fact that there are no lands available and arguments of that type with respect to
that particulc.:. app. '_ cat_on are :somewhat meaningless in light of the ownerships
that we have knowledge of of Northwestern heat Packing. With that we suggest to
you knowinc; the conoit.ic:'ns in the area we feel that the residential is viable,
N.W. 23rd Streec should be maintained in this category and the change of zoning to
C-5 should ne denied.
Mayor Ferre: All r.it;ht, councilor,
him if he owns any other. properties
::here? Can you see the map? Dick,
moment where the speaker's stand is
ever in this corner here, put it at
in dark brown; are the areas that ate
the question is are those properties
UNIDENTIFIED SPEAKER: Yes: sir.
;-.ayor `t'erre: They are, All right.
outlined in that map?
would you refer this map to your client and ask
than the properties th?t are outlined in brown
would you take this map now and turn it for a
so that the public and... No, if you put it
a 450 angle - that's it. Okay. Now, the areas
owned by Northwestern Meat Company and I think
as outlined owned by Northwest Meat.
Do you own any other properties other then those
UNIDENTIFIED SPEAKER; Well, . , lot in, front of our property, our plant,
JUL 271978
Mayor vette: That's already marked in brown. Is that the extent of the ownership
of eoef property in the area?
UNIDEaJ'TIFIED SPEAKER: Yes, sir:
Ma.:ct Perre: That's what you own.
Mrs. Gordon: The one on the south side
UNIDENNTIFIED SPEAKER: That's right.
Mrs. Gordon: Did you own that when you carve before the Commission on April 27th,
19'1 ?
UNIDENTIFIED SPEAKER: Yes.
Mrs. Gordon: Did your architect know that
Mr. Donald Fredricks?
UNIDENTIFIED SPEAKER: I don't know.
Mrs Gordon: Well, the testimony he gave indicated that you were searching for
sites and there wasn't any available.
Mr. Armando L-_ Casa: Mr. Mayor, Mr. Nunez has gladly answered the question, concern-
ing nia ownership of the lots in question. However, I would like to remind the Com-
mission that we are not here to discuss L:'.,.: application of Northwestern Meats. We
as-e here to discuss the possibility of re -zoning the street on 23rd Street north-
west from 17tr Avenue through 25th Avenue which is the result of a request from
t: City Cnr:rmi_,sion to the Planning Department. So it is absolutely irrelevant
for the affect. of the discussion that: we're going to have tonight here whether or
not ';r. Nunez cr Northwestern Meat owns any lots in this vicinity whatsoever. The
question here is a question of poor planning from the standpoint of view of zoning
in the City of Miami. What we are facing is a situation where in a typical indus-
trial street we nave divided that street in two sides, one the most liberal commerc-
ial classification, C-5 aed on the other a residential low density multiple which
creetes a un ove situation in the City of Miami. And I submit to you that if we
ge to the 5....;.n7 ;.tlas of the City of Miami we will find very good examples of the
proposed zoning changes that we are here listening to tonight. If we go to page
25 on the Zs.nino. Atlas we will find that on N.W. 20th Street we have C-4 on both
si6ea of the :,_ioet. The line dividing the zoning between C-4 and R-2 and R-3 cuts
the block hero in half. The same situation you have on N.W. 20th Street where you
have C-4 up here and you have C-4 down here and then residential. I have gone
through this Atlas and I submit to this Commission, this is the situation I was
talking about, But if you go to the Atlas you will find this same situation repeat-
e-2 ever and over. again. Here you have exactly the same situation. If we go to
page 19 which is the subject questioned street here, you will have it here and you
will have it here. Keep going and all these circles that I have made will show you.
One good example of proper zoning I submit to this commission will be Flagler Street.
You go to pages 30 and 31 you will find that on Flagler Street y:.; have sections of
this street where you have residential on both sides of the street and then it comes
commercial on both sides of the street and then here again residentia'. on both sides
of the street. And I submit to you that you will not find, as ieast I have not been
able to when I nave looked through that Zoning Atlas very carefully a situation sim-
ilar tc the one that we are confronting in this street on 23rd Street. Pages 24
and 25, 30 and 31 which is Flagler and 18 through 21 are the hest examples that you
are to find there. Why? Why this situation when we have the same kind of zoning
in a particular street on the two sides of the street - it's obvious. You take,
for instance, the subject street in question and as a result of this two kinds of
zoning situation you have, for instance, a safety factor involved. We have a street
with heavy traffic, trucking traffic, industrial on the other side you have residen-
tial where obviously children and elderly people live. These people are subjected
tc the results of the traffic and the attractive nuisance for children generated by
the industrial site just across the street. This is very poor planning. Now if we
go, and I am going to speed up this presentation on account of time, if we go to
the question of land values the residential side, of course, from the land value
standpoint of view is under -valued. A typical example is the situation that we have
with the housing project or the development that took place on 23rd Street. The
land was bought very cheap and here comes HUD and developes this project. There we
have a project, and I submit that the people that live in that project are subject
to living in substandard conditions from the standpoint of view of neighborhoods,
on account of having to live in a project developed across the street from an
57
JUL 271978
irirust_rial neighborhood just because the 1an3 there was cheap enough to allow
AeD to develop that particular project. So basically from the standpoint of
view planni.;v; I submit to the Commission that what we are facing is poor plan
..trig in what practically is a unique situation in the City of Miami. If we go
to general considerations the first point I'd like to touch on is the fact that
we do need industry in Miami. Miami has a reputation for being a winter or a
summer resort city. However, realities ate quite different. Over 300,000 people
live in this which is a major City, the largest in Dade County, which has very
rich and wealthy areas see% as the Grove, Bay Heights, etc. but on the other hand
has very poor areas such as Allapattah which is the area in question. The people
in Allapattah, they do need the employment and industry is the only way that that
employment could be generated. The City of Miami does not enjcy a particularly
Light financial situation. This Commissio ]has been striving very hard for years
to balance the budget and every year we see the same kind of a situation and the
threat of reduction in services because of leak of financial l<.....'--ces. Forty per-
c et of the revenues of the City of Miami come from realestate taxes. I submit to
you that the developer of industrial controls, and this is a word I want to empha-
size because we are here not to suggest tc this commission uncontrolled industrial
development, we are here to suggest controlled industrial development and that
means to recognize that a particular street which is already half of it industrial
1s considered a control of industrial development when we re -zone the earth side
of that particular street. The etfarts that we have male in the City of Miami,
one good example is the one that is being made in the neighborhood of 3Eth Street
near Biscayne 3oulevard in the garment industry. It's nothing new here. I have
a clipping here frog 3unine.ss Week, May 1, 1978. It is an article which refers to
the ei f or is of Lee Housing and Urban Peva1 e' n''nt Department in try ne not only to
keep but also to develop new industries in certain major citiee of the country.
In Atlanta, for example, a 1.7 million dollar crant will help build a headquarters
building for a oa.ke:ry that had oricp.eelly planned to rove out of town, a move that
wcu]d have lost. 1=3 ,lobs. Detroit, 1.2 million will help three plants expand, sav-
ing 157 oxistin e -eh and creating 120 new ones. This is, for instance, en example
of what we are facine in this particular strip where one industry will be forced,
and I say forced because they are not threatening to do it but just forced to move
out with the resulting.... employment picture of the area cn account of the question
of zoning. As to the statement_ made by the Planning Department concerning Commun-
ity Development arograms this question I have discussed with the Chairman of the
Community Deve3er>;,]»nt Task Force of the Allapattah area, Mr. Orlando Urra who is
precept here to- i an his statement is that his committee which is the one that
auvises the City and the County as to the impact of Community Development in their
:articular arce i- more interested in the industrial development of the area in that
nary icu].ar street than in the .landscar inc and other goodies proposed by the Commun-
ity Development Program for this year and the reason is obvious, the need for jobs
is greater than the need for landscaping. Now, I am going to touch on a very deli-
eate subject but I want to face this candidly and squarely with the Commission.
There are a certain number of neighbors that live in this area tht oppose this re-
zoning and they have a right to do so. There is no question that this re -zoning
could cause a certain degree of inconvenience to some people that live in that par-
ticular area, not to all but to some. And even if it were a prob'_.:em for just one
single neighbor from my standpoint of view it would warrant a lot of consideration.
However, what we are Ta1a:ing about here is planning and industrial development and
jobs for the whole community, taxes for the whole City and we all know test when
the good of the majority and the needs of the whole community exist sometimes a few
have to make accomodaeion. A good example of this is the very recent Rapid Transit
situation which el]is Commission supported and which, no question about, is one of
the greatest steps that we have taken in this county to improve our transit and our
community ei._.uetion and that implies the relocation of several thousand people, the
reiocet:ion of several thousand people. The same situation is the one that we have
when we talk about expressways, major government developments, etc. Sometimes these
things happen. So I want to face this because the possibiliey that some people
might wart to relocate, they won't be forced like in the case of Rapid Transit but
they might want to exist, however, this is nothing new since that happened. On the
other hand I think that the neighbors are missing a very important point here for
your own interest and it is this: you live now in a situation which nobody can
question that srorr, the neighborhood standpoint of view is not the best one in which
one can find himself, living across the street from an industrial area, the most
liberal classification I repeat that we can have in the City of Miami. Heavy indus-
try is there. Still people have to live there because they don't have the resources
to move maybe to a better neighborhood. I submit to you that if this rezoning takes
place the appreciation in the land values will be such that it will allow the neigh-
bors who want to relocate to sell their property at a profit and move to a better
neighborhood. So this is the positive way to look at something that is right there
and that many of you might have not seen. To finalize my presentation, I want to
58
JUL 271978
say, I see a smile on the Mayor's, face because I say the speech, I want to say
that not all of the owners of lots on the north side of 23rd Street oppose the
re -zoning, actually we have a list of owners who are for the re -zoning and to
give you an example, just in the segment from 21st Avenue to 22nd Avenue out
of eleven owners nine - and this is a very high percentage - are for the re-
.zoning. So finally we have an opportunity to amend the situation that has exist.-
ed and that we feel that it is time to amend and it is time to get N.W. 23rd
Street between 17th Avenue and 25th in the same fashion from the zoning stand-
point of view that the rest of the City of Miami has as I presented in this
Atlas in the rest of the City where this type of zoning exists. Thank you.
Mr. Plummer: Did you say you were going to be brief, Mr. La Casa?
Mayor Ferre: How many minutes was that?
Mr. Ongie: Seventeen.
Mayor Ferre: Well, you've got 13 minutes left then.
want to save some of that time....
Mr. La Casa: Yes, we have 13 more minutes.
Mr. Plummer: Well, Mr. Mayor, may I interject, because I find it, Mr. Mayor,
difficult to accept that Mr. La Casa has any time left. The people who wish to
speak in favor of the proposition have time left. This is not Mr. La Casa's
proposition.
:layer :'etrc: I understand.
Mr. Plummer: So what ?'m saying is that, in fact, I feel that
who wish to speak in favor.
it is for people
Mayor Ferre: Of curse, but I asked them to gather as a group and distribute
the time and now 1 assume that they've done that so the next speaker now.
Mr. Elpidio nunr: Mr. Mayor, my name is Elpidio Nunez. I am President of North-
western Meats. City Commissioners, I only want to point out tonight that we're
here that I h.r.•e been very surprised in the last few days what type of propaganda
has been placed in the news media about this change of zoning where we had been
mentioned mar.' times. We have been analyzing ourselves in this problem that we
are facing with a change of zoning on 23rd Street and honestly I believe that
we are nct trying to hurt anybody. We are not trying to do anything wrong. We
are 100% sure of ourselves in our insides that we are trying to do a honest bus-
iness and we are not a big enterprise that comes to this community to hurt the
neighborhood or doing any type of environmental pollution or anything bad for
the community. We feel very strong that we are going to help this Allapattah
community if we are able to do a new plant in the zone on the north side of 23rd
Street. We have l_,een working in that zone from 1966 until now and we need to
expand our plant. We need to create a very strong organization to improve the
job of our present employees and many more that we are planning to use. We have
not any one complaint. from any of the neighbors in that community about being
hurt or being in any way damaged from the operation that we maintai. in North-
western Meats. WQ are hard workers that come to this country and we ire very
grateful to this country for the opportunity that we had to make a decent busi-
ness. We are not any law breakers and we have been treated in the newspaper
and the TV as if we were trying to make wrong move trying to build a new plant.
We only want to emphasize that we worked long hours together with our employees
to make a decent living in this community and we have been this change of zoning
because there is a need for our business to have this done. I'm not in any way
threatening the City Commission or the City of Miami that we are going to move.
We want to stay in that location. We have a plant that we built a few years ago,
if we are going to build another plant in another laau no matter where it is it
will cost a fortune that we cannot afford because we are not rich people. We
are hard working people and we cannot think to build anew and abandon completely
the plant that we have right now.
Mrs. Gordon: Mx. Nunez, may I ask you a question, please? Nobody said they
don't want you to expand your business, nobody has even suggested it. The sym-
pathy that I feel was on this commission for you was when there was no indication
for any additional land on the railroad which you already have admitted that you
own. At the time that this Commission enlarged upon the application nobody knew
that you owned land on the railroad within a block of where you are now. It's
curious why you haven't even discussed your intention of developing that property.
59
'+ UL 2 fl978
•
Mr. Nunez: Let me answer to you, Mrs. G r;on, and this is very honest and very
true answer I'm going to give you and the Commission now. We own that piece of
property heoause we have another project that doesn't have anything to do with
the meat industry and we're going forward with that too and that's the reason,
that land has nothing to do with change of zoning on 23rd Street and we are
expanding to the other side. That is another project, I don't think I have to
discuss that in public.... we have to make another industry for the community,
Mrs. Gordon: You don't have to discuss it, Mr. Nunez. The subject is pertinent,
I'm speaking to you in an honest and sincere way. We don't care what your other,
we're not asking you to divulge any future projects you may have intention of
creating, we invite you and hope you will create other projects within the zoned
area of the city where it is properly z:c,ned and if it is a project unrelated to
your present business it does not have to be in close proximity apparently and
there is a lot of land right there below the red line that ye- could acquire for
that kind of a pur?cse. I mean it seems rather - may I finish speaking, Mr.
Nunez? it seems rather strange to us that you didn't disclose the ownership of
that property, the property is properly zoned and an expansion there would be
perfectly fine and everybody would congratulate you. Today we took an action
and we passed to beautify 23rd Street for $250,000 worth of beautification and
buffering so that those people °.;ro are residing there, and there ere a lot of
nice pieces of property there i a lot of people arc enjoying living there and
I've gone up and down that street a lot of times since this thing started to see
the kind of character it and to see if there were any amenities there for
living them: and there are and there were children playing and they weren't in
t, :street art: with the lanC:scapi.,1 and the aidewa1_kr and t}1e eurbs that
arc' ::eina teoe put in and the buffering it is going t.J bo ev n nicer than it
is now. What makes you think that these people, u;,d Nr. Ira Casa seems to think
that everybody is acing to run away and sell their property, what makes you
think they want t.o run away? Some of those properties are very nice properties
and they're not .,`=ry old oroper.ties and certainly the HUD property is not going
to run away cc.aue you want it to coo away. I mean you have to consider the
lives of other people and not only of yourself.
Mr. Donald Frederick: mayor Ferre, Mrs. Gordon, may I answer your last question
for Mr. Nune7, please? And as a preamble to that let... My name is Donald
Frederick, I am the architect for. Northwestern Meat. You asked a question ear-
lier was I aware of t;.e fact that property was owned down the street and the
answer is no, I was not until three days ago. However, to answer your most rec-
ent question I'm not sure that that would have made any difference and I know
the problem that Mr. Nunez faces now. The land down the street relative to this
project is of no major advantage to him. He's talking about an expansion program
and not a relocation program. My advice to Mr. Nunez two or three years ago was
not to expand his plant here but to relocate in another area of the county where
he would be more welcome, where the facilities would be more convenient for him,
where his plant could be built custom made for his needs the way he would like
it. There were two problems there, one is when he came to this country and
started this business he located in this area, built the business from scratch
and felt that Miami had been good to him and was reciprocating ix. kind to his
employees and the people of the community. He's a very community o_iented man.
The other was eccacmc. It is very true that to go into a new area 1i''.e I'm
speaking of and to buy railroad spur siding area adjacent to these would be
very expensive. Hi. would have to rebuild his plant, he would have to abandon
the facilities 1_r.at he's already built and he didn't want to do this and couldn't
afford to do :,is. : still think that would have been a better reason but Mr.
Nunez is a hueineehman. These are his motives and these are his purposes and
as far as I know these were the only requirements...
Mrs. Gordon: Mr. Frederick, may I ask you a question? I':^ going to ask you if
you know Mr. Nunez for eight or nine years as hi_; arehatect that you didn't know
that he owned another piece of land on the next block is very inconceivable to
me. I'm not doubting that you're telling the truth but it's inconceivable. It's
hard for me to believe it.
Mr. Frederick: But I'm sorry, there was a time when he was looking for other
land in the neighborhood but to my knowledge he could never come to a conclusion.
Mayor Ferre: Excuse the interruption. Rose, I think that is completely within
the realm of possibility because I know for a fact that Mr, La Casa, and he has
sworn to me that he didn't know about it and I accept that as a fact and I know
that other people that I have talked to in the community who were supporters of
this didnot know that. So I think that is completely within the realm of possi-
bility.
60
JUL 271978
Mrs. Gordon: I'll concede that, but Mr. Nunez knew.
Mayor Ferre: Of course he knew.
Mr. Plummer: He's the owner. ... Excuse me. You know I find it diffidult because
I have tried to look at this evening's hearing totally as it relates to zoning only.
Now doing such I want to tell you that these ears are not sympathetic because they
are, but when I look to zoning that is not a financial interest, it is not how much
property this gentleman or others might own, as to whether or not I feel that a zon-
ing change is needed nr it is not. Zoning you might say is cold in relation to how
many jobs might be created or destroyed, now much property a person might own or
not own, but is it good zoning, is it compatible or is it not. Now to me it is ir-
respective. In the former hearing I was the one who pleaded because that was a
single application for an individual to try and keep him in business and the com-
ments here this evening were very relevant at that time. To me tonight those com-
ments are not because we're not talking about a single indivroeel application. We
are talking about a total area bounded by 17th Avenue and 25th Avenue that is en-
tirely different in context than what we heard previously.
Mr. La Casa: I do agree entirely, Commissioner Plummer, and this is the reason I
said at the beginning of my presentation that we were not discussing the issue of
Northwestern. This question was brought by the Planning Department through that
map and, of course, Mr. Nunez felt obliged to answer Mrs. Gordon's questions hut T_
do feel that any further discussion whatsoever concerning Northwestern Meat, the
lots of what have you is totally and completely irrelevant to what we are discuss-
ing here tonight:.
Mrs. Gordon: Mr. La Casa, may I correct you? Mr. Nunez addressed his need to en-
large, I didn't bring that subject up he did. I addressed him after he said that,
sir.
Mr. La Casa: Thank you.
Mr. Jack Rudolph: My name is Jack Rudolph, I'm the plant manager of Twin Packing
Company, 2140, 1160, 2130 N.W. 23rd Street. Twin Packing has been there for twenty
years. We own the lot, ,,nP lot across the street there. I think the planing of
residential ee one side and commercial on the other side is very poor. It is very
hazardous for a 1�t of people and not much more I can say. I have a letter here
from a neighbor who lives across the street who owns some property and it is ad-
dressed to the City Commission if I'm allowed to read it. "City Commission, ladies
and gentlemen, It is our intention to attend today's hearing and make views known
and be counted in the matter concerning chage of zoning to an industrial block on
N.W. 23rd Street from 21st to 22nd Avenue. We are owners of properties located at
2153 N.W. 23rd Street and 2155 N.W. 23rd Street, Miami, Florida, folios 013127-29-
009 and 013127-29-0091 respectively. Since we have bought these two properties
we have been waiting for a change in the zoning and this area is facing large indust-
ries with constant traffic and big trailers and trucks at all hours of the day and
night. The only reasonable zoning for the whole area is major industrial and such
change to industrial zoning will increase the value of all owner: in this area who
have faced constant loss of tenants who don't stay long due to tra fic and noise."
Mrs. Gordon: Do they live there, do the owners of that property live en the prop-
erty?
Mr. Rudolph: They have lived in that property.
Mrs. Gor' or.-: Do they live in it now?
Mr. Rudolph: No, I don't think so. "We respectfully submit to the City Commission
our firm support for the change of zoning of our properties to industrial zoning.
We apologize for not being present today and beg your indulgence to accept this let-
ter. Please consider our request for a much needed change of zoning. Yours truly,
Jose Cases." Thank you.
Mr. Mariano Cruz: My name is Mariano Cruz. I live on N.W. 26th Street, 1227. I
live in the Allapattah area since 1965 and I am for the zoning of 23rd Street, the
whole street being zoned the same way it's been zoned east of l7th Avenue up to
1-95. ... 23rd Street is off 17th Avenue been zoned commercial on both sides of the
street and the one good thing I see about this being commercial on both sides of
the street, an industry like for example - I give you two examples - Penninsular
Supply and Florida Plumbing, I mean Bond Plumbing Supply, one on 17 and 23, the
other on 12th and 23. And those industries, they need to expand, they went across
the street and they built, recently Bond Plumbing Supply built an exhibition room
61
JUL 2 71978
right across the street, but there was airea iy property _here and the property
was already zoned commercial there. Twenty-t iu rri a:trees, I mean just a few
blocks, just from 17th to 25th that zoning stopped, I don't know why. I mean
if they're going to keep the whole street the way it is supposed to be how come
23rd between 12th and 17th you've got C-5 on both sides and then west of 17th
Avenue just one side of the street? I mean I remember when the orchid place was
across from Penninsular Supply, when they needed to expand they bought the old
place, the crchici place and they built a yard and all day long you see the... and
those trucks weigh across 23rd Street. The same thing with Bond Plumbing Supply
at 12th and 23 and all thsne....that work there and then Then Seminole Truck-
ing is right there at 13th and 23. They say about the HUD and the trucking and
all of that, HUD went and buii. th:' project right there where that nursery was at
12th and 24th and they a built a project. at 13th and 24th right there across from
Seminole Trucking Yard. That yard has been there many years and I know that
zone because I have driven a taxi in the City of Miami for the last 16 years and I
still drive a taxi. I }:now that neighborhood because I live rsh t there for the
last :2 years too. Now, another thing, La Casa, he talked about Rapid Transit. I
would like to .::s'<. the Commission the same way they decided to change Miami, the
Comprehensive Neighborhood Plan of 1976 t;.•at was calling for Rapid Transit down
17th Avenue and then businessmen and the old people on 17th Avenue, they went and
the lobbied and they get it right there on 12th Avenue which now they're going to
take a lot houses, a residential neighborhood and o HUD housing project on 12th
and 3;rd will be going and residents will he going out of the neighborhood on ac-
count of the Rapid Transit. How come the City Commissions, they said, Well, let's
keep the Tapir, Transit thing in a business neighborhood. Well, the same way I say
well if they did it that way they could do it this way now.
mayor . erre: A. right, Mt. La Casa, at this point we've gone over half an hour, so
I will give you time later en to rebutt if we have aril ink; ake that but now we'll
t o the other side and Pat, if you'll get the speakers organized I would be very
grateful for those of you that are speakers to try to keep your points succinct,
take your half hour and if yoh need more time we'll try to be as generous as we can.
It. is 12:I5 and ..e've been at it all day. Try not to repeat the arguments or the
discussions of the people that speak before you.
Mr. Van Rhode.: I'm Van Rrrider„ I'm with the Department of Housing and Urban Develop-
ment. I'm goir.; to be very brief. We have an interest in this item because we have
two projects a1c.n:; 23rd Street within this area. We have 34 units between 19th and
21st Avenue _area wo Pave 3,6 units between 23rd Avenue and 23rd Court and for whatever
reason these edtes were purchased we're there to stay for the length of the 40 year
bo sd > and we 3;a-. , j4 more years to go on those. And because of the incompatible
nature of thie eSen..e v:e support your Planning Department's recommendation and your
Planning Advi_ery Board's recommendation. Thank you.
Mr. Plummer: Mr. Van Rhodes, let me ask you a question, sir, that was brought out
•at a previous hearing. In the one location which is directly across the street from
this gentleman's property it was inferred that you built a maintenance building on
the 23rd Street portion of the property. Is that correct?
Mr. Van Rhodes: It is a community/maintenance/management facility. It is small as
far as maintenance goes, the community space is larger and we have a-entral manage-
ment facility there.
Mr. Plummer: Thank you.
Mayor Ferro: All right, next speaker.
Mr. Thomas B. Thompson: Ladies and gentlemen, I'm Thomas B. Thompson. 1 live at
2550 N.W. 23rd Avenue. I've lived there since March of 1950. It is a good neigh-
borhood and the gentleman over here, he seems to think it's, well it's not an afflu-
ent neighborhood it's a working man's neighborhood so .c seemed from what I gathered
he seemed like he'd use it as a dumping ground. But I have seen the rezoning and I
want to thank you all at this time for allowing us to talk on this because I have
some property just in that industrial section south of this area that you're talking
about now that I was not notified of that and I still maintain that as residential
even though it is in an industrial area and I have seen first hand when it is zoned
commercial or industrial what it can do to your property. They can take and they
can pile stuff outside their door, that's all right because that is their property
and it is their merchandise, they don't really have to take care of it and that is
one of my main reasons why I don't want to see it. In the Community Development,
the government is spending a lot of money in there to rejuvenate and beautify it
and like the gentleman here said there is a lot of area in there that can be used
as commercial without changing this area and like I say I've lived in that area in
82
JUL 271978
that }.articular house since 1950. I've lived in that area since 1946. I am
totally against this change. Thank you.
!•;a•ye_ Terre: Next speaker.
• 'ii,u,npson Those people that live across the street that he said 'were in aVrlr
of this change, I think you'll find that those are mostly apartment houses in there
and 13on't know whether people live in there or hot:
Ms. Rebecca Walker: Good afternoon, ladies and gentlemen, any name is Rebecca Walker,
Mr. Plummer: No, it is good morning.
Ms. Walker: Oh thank you, good morning: We've been here a long time. I live in
area of 23rd Court and 23rd Street where they're talking about rezoning. We
have nice neighbors and I've been there since they built the building. We're
close to the bus liras and things like that. But if they want property why
don't they get the post office, it is for sale? But we have neighbors and senior
citizens not ably. to - they've done pushed us from downtown, how far are they going
to push us? The post office: is built out by the expressway, I can't live out there.
So we need to be close to the hopsitals because I'm disabled myself and I can't be
too far and I have to be around neighbors. When you be round neighbors they're con-
creed about you and that goes a long ways. As far as the meat packing company,
if it keeps on like this we can't even look in the store at meat less more buy it
• I ;wonder .,ow rrany steaks he's giving out tonight to get up here and clap their
hands and tell that. So tell you vote in favor we keep our area like it is because
. L_ ' tick together. Together we stand, divided we fall.
that's what .. � • , r dn 1. .<'J a
'in3r:1 you.
Mayor Ferns: All right, next speaker.
Ms. Bessie Marcus: My name is Bessie Marcus and I live at 1452 N.W. 15th Avenue.
. rer< i_, very little I can add to what Mr. Whipple said and what Rose Gordon. said
or to what the previous speaker said. They really said it all. Now if the Zoning
Board, the Planning Department, Mel Adams, the Housing Department Director and if
the residents don't want the zor:ing well they just don't want it and these are the
people that count. At our ra'ly yesterday the three ethnic groups, I'd never seen
this before, tt.:r:e were the black people from HUD, there were the Latin people from
the little houzes, there were the elderly Americans from the old housos, beautiful
places very well. ,slanted. Everyone came together. It was a very beautiful site.
They care together to rbject to this rezoning. That's all I'm going to say.
Me. Pat f'el1eL: Good morning, I'm Pat Keller., 1437 N.W. 13th Terrace. My mood
tonight is one of righteous anger. You saw evidence of that with our protest rally
on Tuesday of this week. Never has Allapattah seen such an out -pouring of anger
from its residents. We want it known that zoning laws are just what they say - they
are laws to he respected. You know what the zoning laws are, it is expected that
you will uphold them. These laws remain laws and must be respected even if a firm
needs land to expand and threatens to move away or even if the zoning pattern is
unique yet we have witnesses this City Commission ignoring and steeping over these
laws. They have ignored our laws by saying that because we didn't show up that only
a few of us cared. Tell me how many of you here tonight are opposed to this rezon-
ing, would you give u, a show of hands, please? And up there in the balcony, did
you hear me? 'I'hcse of you that are opposed to the rezoning, would you show us please?
ather Gibson, I l;n,:w that bothered you last time but we have ample evidence of the
ol.position here tonight. Therefore, another point here in relation to our opposi-
tion, we did rquest that these notices be sent out in both English and Spanish and
these notices are not presently sent out in both languages so so many of our Latin
Lr'therr. and <.;isters arc not aware of what is occuring in the matter of this rezon-
ing. I'd like to request, Mr. Mayor, that in the future rezoning notices be sent
out in both languages. As we now know, and I won't develop that futher, the meat
company has ample room to expand. Even now, and I think this is a vitally important
matter and we would like to have this settled tonight, even now the meat company is
en_roaehinq upon our residential area. Many people were telling us at the rally
that they not only object to encroachment in the future they object to the present
encroachment inasmuch as the meat. company is parking their cars on the north side
or 23rd Street - parking their trucks I meant to say - on the lots that they pres-
ently own. Now we have reported that to the police, we've reported it to the Zoning
Departments, to Mr. arassie's assistant and we're simply not doing any good. We are
going to make a second request of you tonight, Mr. Mayor. Would you please see to
it that the meat company respects our zoning laws and stops parking on the resident-
ial side of the street? Up till now we have lived in harmony with the businesses of
the area. I would like to submit at this time very dramatically 307 signatures of
JUL 2 71978
people that are opposed and I will request, Mr. Grassie, that you give me a
copy of those. I also want to state that Mr. Urra who is chairperson of Cott=
munity Development, once again he is not representing us. We are very much
opposed as you know to any attempt to rezone 23rd Street, unique and odd though
It may be, Mr. Plummer, it is our little uniqueness and we want it that way.
Thank you very much for listening to me.
Mayor Ferre: A11 right, next speaker. Are there any more speakers? All right,
Mts. Keller, I will re ✓e time if you want to rebutt anything. Now I'll recognize
you at this point. i understand there are no more speakers on the opposition side.
Mr. La Casa: I am going to be real brief now. I am not going to rebutt anything,
I an just going to emphasize the uniqueness of the situation from the planning
standpoint of view of this street from 23rd Street as Pat has stipulated and even
though I can show you here in this atlas no less than 60 or ;.; zrnilar situations
in the City of Miami as the one that we are proposing now you have one there right
now and that is on 20th Street, h.W. 20th Street - excuse me, N.W. 36th Street...
I'm sorry, the map doesn't get that high. Northwest 36th Street, for instance has
C-4 on both sides. The same situation goes, let me see if I can have it in that
map on N.W. 28th, do we show that there? Ok, you see that little square there C-1,
C-4 on both sides of the street right then and there and then you have the resident-
ial on the outer limits of the commercial zoning. But what we have is the main
street divided not in two zoning classifications but the same classification on
both. This same situation as I said before repeats itself over and over av;ain to
the point that I submit to you this is a unique situation and that is the basis of
our proposition to change the zoning. Thank you:
Mayor Ferre: A11 right, Mrs. Keller, do you want to add anything?
Mrs. Keller: It's already been said, we love our uniqueness. Thank you, Mayor.
Mayor Ferre: All right. Yes, ma'am.
Ms. Michelle Jennison: I'm Michelle Jemison and I live at 2637 N.W.24th Court. He
refers to all these spot things that are all over the City, our Planning Board I
thought helped Miami stop doing that. That was the whole idea for a Planning Board
to help Miami to grow from. Do we have to go on forever keeping on making these same
mistakes? A::' `h:l have that ten blocks one way, three blocks another and a solid
area that's already been zoned for business in there that's not even used and they've
get to stop s,...oThere so why not stop there. Why go into another residential sec-
tio.. because Lhere's going to be a back end to that? You've got 36th Street up
there that's dead, stores that are closed up with boards on them that's zoned for
business, commercial zoning that's not being used. It's all the way down 17th Avenue.
This is a precedent. When you start this and you make an allowance it keeps on going.
When are you going to stop? Mayor Ferre, I really respect you and I have a little
beauty business and I have a lot of people that contradict me because I'm mostly
Anglo, they're mostly Anglos and it's not all Spanish living in our neighborhood.
We've just veritably been run over and we've been waiting here since 7:00 O'Clock
and we'd had a lot more if it had come up a little sooner and we've just sort of
been the silent minority in there. Well, I think in my opinion that a lot of people
don't realize what's happening in downtown Miami, the news media has been showing
it up quite bit lately but where are these people going to 'ive when we get this
terrific city we're going to have and it is coming and you spot up the downtown
Miami area with commercial businesses - that should be for high-rises someday, ten -
fifteen years `com now. In New York you wouldn't have two miler. from the city fact-
ories and }'.::;ir sses, now would you? I've never been to New York but I don't believe
it. That's gut to be some day living quarters for these people that are going to
be working downtown. I think that we're losing site of something when you just keep
on sticking this crumby type of business - trucks and everything else - in the mid-
dle of our residential areas and we've been squeezed out with it. The Airport Ex-
pressway and then take that buffer zone and we're right in the middle and we have
a nice neighborhood there. We have three different peoples, the Spanish, the Anglo
and the black and we get along beautifully together in there and we've got a nice
little area going and with our street improvements we're getting it's beginning to
look nice, the garbage is being picked up well and everything is looking swell and
we just don't want it ruined and every step you make like this is another dirty leaf
in the book and if you can't see that you're certainly not looking as far ahead in
Miami as I thought this particular commission was doing. Thank you.
Mayor. Ferre: All right, ladies and gentlemen, it is late in the night, it is 12:30
in another half an hour I will have been at it for - since 6:00 O'Clock this morning,
in 5 hours it will be 24 hours so I'm getting kind of tired and I'm sure i speak
64
JUL 271978
for all of us around here. I think we've heard all of the arguments on both
sides. I think I don't know which way this vote is going to go but I want to
tell Mr. Nunez in particular and all of the neighbors that I think you've all
been very patient and I think that you have on both sides presented your argu-
tents very very well. I've been to very few - and I've been at this for ten years
now and I've heard very few presentations as well balanced on both sides and I
want to congratulate both of you for your restraint, for the courtesy that you've
shown and certainly I think it speaks well for everybody in this room and I want
to thank you for it. Now, at this time I think we've heard al]. of the arguments
and now it is time for questions from members of the commission and a motion when-
ever you're ready.
Mrs. Gordon: Mr. Mayor, I think the Commission has expressed itself, if there is
any other commissioner wants to speak, if not I'll make a motion.
Mayor Ferre: Does anybody else want to ask any questions? If not, Mrs. Gordon
I'll recognize you.
Mrs. Gordon: I'd like to uphold the Planning Board and the Planning Department, I
so move.
Mayor Ferre: A.11 right, there is a motion to uphold the Planning Department and the
Planning Hoard. Is there a second? Hearing no second, is there a second to the
motion? Hearing no second the motion dies for lack of a second. What is the will
of the Commission?
Mr. Plummer: I`s anyone else here?
Mrs. Gordon: I don't know, you boys don't want to bite the bullet. I'll tell you
perhaps the hour is late and perhaps this item ought to be deferred until you've
a].1 had time to sleep.
Mr. Plummer: ?-.use, like I told: you before when everything else fails I ain't going
to back off. _'li make you a motion. It's not going to be a popularity contest
whatever way toe motion goes. You know we're not here for popularity. First before
I make a motic.r;, Mr. Mayor, I've got to make some comments and I'm sorry if I've
got to take some time hie*. t just... Regardless of which way - and I don't think
really anyboCly knows right now which way my motion is going - either side whether
you agree or riisaoree with me I want you to know that it is coming from a sense of
fairness as f a., my motion is concerned. Mr. Mayor, zoning in many ways is cold
because it doesn't take into consideration a number of factors. Good zoning prac-
tices don't take in the problems that exist in reality. I was unaware until this
evening of one single factor that I imbalanced and that is 23rd Street east of 17th
Avenue. That is, in fact, C-5 on both sides of the street hacked up by residential.
I was unaware for many many years until I went to make some changes at my place of
business on Flagler Street that my funeral home has two classifications of zoning,
C-4 in the front and much to my surprise R-4 on the back. It was of no bearing be-
cause I was putting parking on the back but I think it says to me that it is compat-
ible. And I disagree with my very good friend Mr. Whipple that I personally don't
feel that C-5, one of the most liberal of the zonings which we have is compatible
with residential across the street facing it. I don't for one mi..:rte think that
shrubbery or landscaping is going to erase that blight as it exists because to me
it is net compatible. I know the area well from 17th Avenue east and to me there
is a crying :seed at all times for a buffer between the commercial and the residen-
tial and this Commission has strived to do such and a buffer in my estimation is not
a street. I think the opportunity exists for a buffer between the C-5 and the resi-
dential. If. in fact, wisdom had been shown when zoning was enforced in this City
the T. oz ch:. C should have stopped at the railroad tracks with a C-1 presently
en 23rd Street on the south. Mr. Mayor, I am looking at this this evening strictly
from a standpoint of compatibility. In my estimation it is not compatible having
residentials staring in the face of the most liberal of commercial zoning. To me
it is not practical. It does afford the opportunity, and this Commission in my
estimation would be derelict if this is changed not to immediately proceed with a
buffer. Mr. Mayor, by now motion is obvious. I feel when I lock at this strictly
ote ectively as zoning - and that is what I am doing - that the need to change liberal
commercial staring the face of residential is established. I am not taking into
consideration jobs. I'm not taking into consideration anything other than zoning.
I have been involved in zoning ten years and I don't know of any time when this com-
mission has approved an application to stare C-5 into residential, Mr. Mayor, my
motion, of course, at this time would be that the area bounded by 17th Avenue west-
ward to 25th Avenue on the north side of 23rd Street be made compatible with the
south side of 23rd Street.
Mayor Ferre: All right, there is a second on that motion, Is there further discus-
sion on the motion as presented?
65
JUL 271978
Mrs. Gordon: Just a comment. I wonder if - maybe the hour is late and maybe
I'd better not say it - but I think maybe our planners wonder why they're hired
and they're paid such big fees because certainly an important decision like this
where neighborhoods are at stake their opinions are worthless.
Mayor Ferre: Mr. Whipple.
M.r. Whipple: Mr. Mayor, I wonder if I might have the opportunity to address tny-
self to a couple of the ;oints that Commissioner Plummer brought up in a general
sense.
Mayor Ferre: Well, usually we don't do that but I think in fairness to everybody
I'm certainly going to recognize you.
Mr. Whipple: Thank you. I agree with Commissioner Plummer "'-+: it is a question
of zoning but if I may address myself to the area west of 17th Avenue as you did,
that is true -- east, I'm sorry. }intorically as you well know zoning and district-
ing patterns on the most part in the City of Miami were well established before
you and I started working on the Comprehensive Zoning Ordinance adopted .in 1961.
It is true that you could not, we would not plan this way or promote or zone this
way today. It is likewise true ,_hat if you continue on 23rd Street in that section
between 12th, 17th and 7th Avenues you will note that where there is C-5 zoning
cn both sides of 23rd Street on one area if you'll go a block north you'll see
tnat the C-5 zoning goes up to whatever is 23rd Terrace or something like that and
again has residential across from commercial. I agree with Mr. La Casa and your
statements that the particular boendary lines in some cases are vita questionable
but I think we're missing the whole zoning point. The purpose of zoning is to
provide districts, to divide the land uses, to provide appropriate places for ap-
propriate land uses and to overall try to better the community economically, job
wise, industrial and what have you. Let me use a couple of very general and broad
statistics about the City of Miami commercial picture overall - I think you might
have heard me rention these before. The City of Miami all commercial and indust-
rial zoning, about 18% of the City is zoned for this purpose. Approximately 10%
of this is utilized for these commercial or industrial purposes, just slightly
more than one half. Cities of our size normally only utilize 5% of their land
area for commercial and innu trial. Now what is the point? The point I think is
well reflected in part on this aerial photograph. We have industrial areas, we
want to promote industry, we want to promote jobs, we have the land zoned for it
we have the land available for it. It displeases me to suggest that we compound
the problem which is illustrated here with available industrial land by providing
more liberal commercial industrial land. It is a zoning problem I agree with you
but not in the lined sense that you were relating to.
Mr. Plummer: All right, but the point overlooked, Whipple, the point overlooked
in this particular case as it applies is not to the need for additional but to
the need of compatibility. That's where we have a disagreement.
Mayor Ferre: All right, now I think all of these things have been expressed and
there's honest disagreement. It's almost one and we have one more item to take
up tonight. Yes, we have Item 9. So at this point now without further discussion
I'm going to ask to call the question.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 78-529
A MOTION DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY
ORDINANCES TO MAKE THE AREA DEFINED AS N.W. 17th AVENUE TO
N.W. 25TH AVENUE ON THE NORTH SIDE OF N.W. 2iRD STREET TO BE
MADE COMPATIBLE WITH PRESENT ZONING EXISTING ON THE SOUTH
SIDE OF N.W. 23 STREET.
Upon being seconded by Commissioner Reboso, the motion was passed and
adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson.
NOES: Mrs. Gordon and Mayor Ferre.
Mayor Ferre: Ladies and gentlemen, obviously, Mr. Nunez and Mr. La Casa, you have
won tonight with three votes. I can see the valid arguments on both sides, I think
they are very very good arguments. I think Plummer makes an excellent argument.
I think what he says makes a lot of sense. The fact is that throughout the City
there are areas that have ... I think that there is a good strong argument and I
think Plummer is right in saying that both sides of that street it makes a lot of
sense for it to be zoned the same as the other parts. The other side, however,
is that we took up some items tonight, for example there was one along Coral Way
and you see the kinds of problems that you have along Coral Way when you have
zoning aloe,:; both sides. What happens is .hat it begins to encroach on neigh-
borhoods in the future. Now to me the telling argument and the thing that really
convinced me is when I saw the mao of the abundance and the availability of com-
mercial land. Zoning exists as a. protect.of to both neighborhoods and the people
who are involved in it in. the industrial and commercial affairs of the City. There
is a tremendous amount of vacant commercial land. I don't think that I could place
my vote based on the :;p-- ,: -ies of the case no matter now much I liked the individ-
uals. I happen to think that M. Nunez is one of the most outstanding notable citi-
zens in this community. He is a aeneroue rnan who is kind beyond words. He is a
man who is very much liked and loves be many people in this community, he is a man
;(eJ) started with very little_' ar eas be : i up a tremendous business and he treats
his emdloyecs well and all of those things are i'lpertarit considerations but thee
cannot be determining considerati ons in my opinion and I thi;:i: `}le key to it is
that from a strictly zoning point of vle4: and fro the question of reed and require-
ment there are any alternative soi -jobs and, therefore, I really have no choice
in conscience. I could vote either way, .1s you see the n eigr±or. have already left
angry at me anyway sc' they're oong. to be angry with me rio matter what I do and
those people have never �,�;":; ,.. • three` Ishc,�:ilen't make a blanket statement
ne- � ���c�• � �;_ f
like that but certainly Pat. has never been a political friend or ally of
mine but I'm not voting on % 1, t. L'i(( voting because ._ honestly believe that I
think after the study '.-)y the department and the department's recommendation for
denial and after the vote ::n the b and for denial and with the strong feeling of
tile administration on gild •matter I tie nk that we have to contain the situation
and in conscience I really have u ct:;•.:xz:.ui sa.: the motion.
Mrs. Gordon: Why did you start this whole tiling? Yn,1're the one that asked the
department to en.l.aLge the Stutnyeend do all -this for •the second time in two years.
Mayor Ferr'e : iu:e• you questioning- i.ng- my ' i:nte.<grit ,t '
Mrs. Gordon: I'm lust_ saying it i_s tDO.O'C1ock. and• I think we should go home
Mayor Ferro: You're -not r 1� ,F.zor,ing my integrity or my motives are you?
Mrs. Gordon:
records.
;ado a statement o fact which absolutely a fact that's on the
Mayor Ferro: Mrs. Gordon, I think I have'a`perfect right to request a department
to study, continually you demand stud.ies, you ask things to be postponed, you cajole
and do all types of things and you're denying the that right. All right, we're on
Item 49.
Mr. Knox: Excuse me, Mr. Mayor, it will be necessary in light of the vote to adopt
an ordinance which effectuates the zoning change I'll read the ordinance.
AN ORDINANCE ENTITi, :D -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSI\':.
ZONING O RD:' iC:' FOR TEE,: CITY OF MIAMI BY CHANGING THE ZONINt_
CLASSIFICATION OF THE NORTH SIDE OF N.W. 23RD STREET GENERALLY
TO A DEPTH OF 175', FROM 364. 5' WEST OF N.W. 17TH AVENUE TO
N.W. 25T:: AVENUE, FROM 1I-•3 (LOW DENSITY MULTIPLE) AND R-4
(MEDIUM DEN ?.Y rU:LTIPL:s) TO C-5 (LIBERAL COMMERCIAL) , AND
BY MAKING TFE 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 'N CONFLICT;
AND CONTAINING „ SEVER.ABILITY PROITISICi .
Was introduced by c, mmi • :boner Plummer and seconded by Commissioner Reboso
and passed on its first: reading by title by the following vote -
AYES: Mr. Plummer, hxr. Reboso, Rev. Gibson.
NOES: Mrs. Gordon and Mayer Ferre.
JUL 271978
14. FIRST READING
ORDINANCE:
AMEND ORDINANCE 6872, ART. I I , IV,VI •
and VIII - Provide definitions,
intent and standards for facilities
DEVELOPMENT DISABILITIES R-2 & R-4
AN ORDINANCE ENTI TLED-
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 DEVELOP-
MENTAL DISABILITIES; ADDING ARTICLE IV, SECTION 45, TO PRO-
VIDE INTENT AND STANDARDS FOR LOCATION AND APPROPRIATL,CSS;
ADDING A NEW SUBPARAGRAPH (f) TO PARAGRAPH (4a) TO PERMIT
THESE FACILITIES AS A CONDITIONAL USE IN R-2 DISTRICTS; AND
BY AMdENDING PARAGRAPH (11) (c) or ARTICLE VIII, SECTION 1,
TO ALLOW THESE FACILITIES IN R-4 DISTRICTS; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT
INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABIL-
ITY PROVISION.
Was introduced by Commissioner Reboso and seconded by Commissioner Gibson.
and passed on its first reading by title by the following vote -
AYES: Mr. Rehnso, Mr. Plummer, Rev. GibbL.Lt, Mrs. Gordon and Mayor Ferre.
NOES: NONE.
Mayor Ferre: Ladies and gentlemen, it is almost 1:00 and I'll say good night to
you but before we leave I want to tell you that I think that we ought to change
the way that we're going about all of this zoning and I really think that we ought
to do is consiier a system in which the Zoning Board ruled on matters and that it
would require two votes of this Commission, two members of this Commission in writ-
ing to require a zoning matter to come - an appeal - before this Commission in the
same way that the Suprem,.: C:,urt, for example, or any court of appeal rules some-
times not to take jurisdiction on an item that has been ruled upon by a lower court
and I would just recommend that the Manager give some studies to it, I'm not going
to elaborate beyond that and perhaps come up with some recommendations and varia-
tions of how we can shorten this procedure. I realize, Mr. Manager, that the mechan-
ism exists within the system for us to do it now but the fact is that when you get
a room full of people that it is impossible for a public official chairing this
meeting, and I sat here with Steve Clark and Dave Kennedy and I've seen this go on
for ten years and you can't stop people from talking. So I think we have to find
variations of that and I would commend that to you. All right, we stand adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION
THE MEETING WAS ADJOURNED AT 12:55 O'CLOCK A.M.
ATTEST:
RALPH G. ONGIE,
CITY CLERK
MATTY HIRAI,
ASSISTANT CITY CLERK
MAURICE A. FERRE
JUL 2 71978
CITY OF MLMVI1
DOCUMENT
MEETING
DATE:
INDEX
July 27, 1978
ITEM NO.
DOCUMENT IDENTIFICATION
COMMISSION
ACTION
RETRIEVAL
CODE NO.
1
2
3
4
5
6
7
ACCEPTING THE PLAT ENTITLED GREEN TRIAL SUBDIVISION
A SUBDIVISION IN THE CITY OF MIAMI
ACCEPTING THE PLAT ENTITLED MARIA LUISA, A SUBDIVISION
IN THE CITY OF MIAMI
ACCEPTING THE PLAT ENTITLED "BISCAYNE FEDERAL PLAZA
AMENDED".. A SUBDIVISION IN THE CITY OF MLANE
ACCEPTING THE PLAT ENTITLED DOUGLAS GARDENS HOUSING,
A SUBDIVISION IN THE CITY OF MIAMI
GRANTING PERMISSION, AS PROVIDED IN ORDINANCE NO.
6871. ARTICLE XXI-2, SECTION 3 (1-2) TO CONSTRUCT AND
OPERATE A FIRE STATION ON LOTS 3 THRU 8 AND 15 THRU
18. BLOCK 5., INGLEWOOD GARDENS
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI
AMENDING ORDINANCE NO. 6871. THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIME
R-78-520
R-78-521
R-78-522
R-78-523
R-78-524
78-520
78-521
78-522
78-523
78-524
0015
0016