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TABLE OF CONTENTS
1. Defer Hearing on Appeal. of Zoning Bd's denial
of CONDITIONAL USE and VARIANCE-4370-4372 W.
Flagler Street.
2. SECOND READING ORDINANCE: Amend Article XIV-1-
Special Comm. Comm. C-2A Dist. -PERMIT GROUND
rLOOR-LEVEL OFFICES AS CONDITIONAL USE.
SECOND READING ORDINANCE: Amend Article XXV-
Base Bldg. Lines making NW 9th Ave. bet. 15 and
18 Sts. and NW 10 Ave. and 19 and 20 Sts. 70'
RIGHT-OF-WAYS.
3.
SECOND READING ORDINANCE: Change of Zoning
Classification - NW corner of NE 4 Ct. at Nt 55
Terr. from C-1 to C-4.
1NANCE
SOL-11tItry NO.
Deferred
Ord. 8767
Ord. 8768
PAGE NO,
1-2
2-3
Ord. 8769 3
5. Close portion NE 52 St. - DOUGLAS GARDENS Res. 78-146 4
HOUSING - MIAMI JEWISH HOME FOR THE AGED.
6. ,FIRST READING ORDINANCE: Change Zoning Class- 1st Reading 5
ification 135-151 NE 51 St. from Ri to R4.
(DOUGLAS GARD.HOUSING- MIAMI JEWISH HOME FOR THE
AGED).
7. CHANGE name of Street: S.W.27 Terrace "A" to
SW 27 Way, bet. SW 22 6 23 Aves. and bet. SW 31
Ave. and 31 Court.
8. t'IRST READING ORDINANCE: Change Zoning Class.
at 1550 N.W. 10 Ave. from R3 to RC.
9. FIRST READING ORDINANCE: Change Zoning Class.
at approx. 3353-3389 6 3400-3444 Franklin Ave.
from R2 to R1.
10. FIRST READING ORDINANCE: Amend Ordinance 6871
Art. II and X, providing a definition for
Housing for the Elderly in R5 Districts.
11. Close Alley Between NW 9 and 10 Aves. Between
NW 15 and 17 Streets. Tent. Plat #787-8
"Jackson Mein. Hospital Tract Additions."
12. Vacate and close East/West alley between NE 2nd
Ct. and Biscayne Blvd. at southerly end of the
block between NE 17 Terr. 6 18th St.(Tent. Plat
#1007 "Biscayne Federal Plaza Amd."
13. Vacate and close so. 30.92 feet of alley in
block bounded by Biscayne Blvd. NE 4th Ave. NE
17th Terr, and 18th St. - Tent. Plat #1006
LES VIOLINS SUB.
14. Overrule Zoning Board's Denial by granting
CONDITIONAL USE to permit MEDICAL/DENTAL off, .set'
4370-72 W. Flagler Street
15. Overrule Zoning Board's Denial by granting
CONDITIONAL USE to permit VARIANCE to permit
MEDICAL/DENTAL O'FICES ,. 4370-72 W. Flagler St,
Res. 78-147
let Reading 6
1st Reading
1st Reading
Res. 78-148
Res. 78-149
Res. 78-150
Res, 781451
Res. 78a152
9-11
16.
17.
18.
20.
21.
1N�(
C11Y� iMS:cPI ftYAR1tNG
14
SABLE Or CDNITN`I'S
Overrule Zoning Board's denial by granting
VARIANCE to permit two-story duplex at 3518
SW 17th Terr.
Instruct Planning Department to restudy area
for possible change of zoning 2100 So. Dixie
Highway
Discussion and deferral of request for change
of zoning 1720 N.D. Sayshore Drive.
Deferral of Appeal by Neighborhood Objectors -
Zoning Board's grant of VARIANCE -801 Venetian
Way.
Denial of Application to change zoning at
2121, 2129, 2147 and 2151 N.W. 23 Street
from R3 to C5.
Instruct Planning Department to restudy genera:
area in the vicinity of 2100 block N.W. 23
Street for possible industrial zoning reclass-
ification.
Res. 78-153
Mot. 78-154
Deferred
Deferred
1st Reading
Mot. 78-155
13-22
22-25
26-30
30-38
38
MINUTES Of REGULAR MEETING of THE
CITY COMMISSION OF MIAMI, ?Loll/IA
* * * * * *
On the 28rd day of February, 1978, the City Commission of
Miami, Florida, met at its regular meeting place in the City Hall,
3500 Pah American Drive, Miami, Florida in regular session.
The meeting was called to order at 7:15 P.M., by Mayor Ferre
with the following members of the Commission to be present:
•
Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibso►
Mayor Maurice A. Ferre
ABSENT: Vice Mayor Manolo Reboso
ALSO PRESENT:
Joseph R. Grassie, City Manager
R. L. Fosmoen, Assistant City Manager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Reverend Gibson who then led
those present in a pledge of allegience to the flag.
1, DEFER HEARING ON APPEAL OF ZONING BD'S DENIAL OF CONDITIONAL USE AND
VARIANCE - 4370-4372 W. FLAGLER STREET,
Mayor Ferre: I'd like to say,that as of right now,I've been working
for the City of Miami 12 hours today without much of a stop and I
guess that holds true for most of us around here. I'm going to work
another two hours and then I'm going to quit, so I'm letting you
know, I'm going to quit for today. I don't mean I not going to quit
period, but I'm going to quit for tonight, so I don't want anybody
to get upset with me. I'm going to work two more hours and then
you're. not going to have your Mayor until tomorrow. So I hope we
can get our business done quickly tonight Mr. Plummer. We are now
on item #1. This is an appeal by the Applicant, Fernando Nunez -Perez,
of the Zoning Board's Denial of Conditional Use to permit medical
or dental offices at 4370-72 West Flagler Street, and item (b) an
appeal by the Applicant of the Zoning Board's Denial of Variance to
permit medical or dental offices at 4370-72.West Flagler Street on
a lot 50' wide and with 5,000 sq.ft. of area, and with an access
aisle 15' wide to the compact car space to the rear of the property.
This matter was deferred. We'll have to wait until Rose Gordon gets
here. She asked for the deferral. Item #2, is that going to be
a problem?
Mr. Whipple; Item #2 is another deferral Mr, Mayor.
Mayor Ferre; I'm sorry.
Mr. Whipple: Item #2 is another deferral.
Mayor: Ferret Is deferred?
Mr, Whipple: It was deferred.
Mayor Ferret It was deferred. Who requested the deferral?
ippie. I'M not sure ells, it was for the PtirPt se �f going out
r)aing the site, if you' 1 remember, there were three -Commissioner
od n, I think,initially requested the deferral to go out and look
At the .?` i te, ok Mre i b i 'd in I quess tit,
r scat READING ON! !NANCE: k ARTICLE XIV4 " SPECIAL COMMUNITY Corgi
MERCtAL C=2A DISTRICT ab FE NT GROUND FOR -LEVEL DICES AS
CONDITIONAL USE.
AN ORbINANCE ENTITL ;b
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORMINANCE Nej. 6871, ARTICLE XtV-10 SPECIAL
COMMUNITY rOMMERCIAL, C-2A bISTRtCT, SECTION
2 (57) (j, AND SECTION 4 (1)(a), TO PROVIDE THAT
ANY GROfi'b FLOOR LEVEL OFFICE$, INCLUDING BANKS
AND FINANCE OFFICES, EMPLOYMENT OFFICES, MEDICAL
OR DENTAL LABORATORIES, MEDICAL OR DENTAL OFFICES
OR CVLNICS, OFFICES - PROFESSIONAL OR BUSINESS,
AND .REAL ESTATE AND TICKET AGENCIES WITHIN THE
65% RESTRICTED FRONTAGE, MAY BE PERMITTED ONLY AS
C',,NDITIONAL USES; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Passed on its first reading by title at the meetini of
January 24, 1978, was taken up for its second and final reading
by title and adoption. On motion of Commissioner Plummei^, seconded
by Commissioner Gibson, the Ordinance was thereupon given its second
and final reading by title and passed and adopted by the following
vote:
AYES: Mr. Plummer, Rev. Gibson, and Mayor Ferre.
NOES: None.
ABSENT: Mr. Reboso and Mrs. Gordon.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8767.
The City Attorney read the ordiance into the public record and
announced that copies were available to the members of the City
Commission and to the public.
NOTE: Vice -Mayor Reboso entered meeting at 7:23 F.M.
3. SECOND READING ORDINANCE - Ammo ARTICLE XXV - BASE BUILDING LINES MAKING
NW 9rH AVE. BETWEEN 15 AND 18 STREETS AND NW NAVE. AND 19 AND 20 STREETS
70 FOOT RIGHT-OF-WAYS,
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE
XXV, BASE BUILDING LINES, SECTION 1, BY ADDING
PARAGRAPH (97-A) MAKING N.W. 9TH AVENUE, BETWEEN
N.W. 15TH STREET AND N.W. 18TH STREET, A 70' RIGHT-
OF-WAY (35' TO CENTER LINE); BY DELETING PARAGRAPH
(98) IN ITS ENTIRETY AND ADDING A NEW PARAGRAPH
(98) MAKING N.W. 10TH AVENUE, BETWEEN N.W. 19TH
STREET AND N.W. 20TH STREET, A 70' RIGHT-OF-WAY
(35' TO CENTER LINE); BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
*****'XiC:C.':isiti it.':%:isCiCiCit7kl:ititiiti:7::t* CSC*iC.�ti:T*.:t�t'it:S'.�t:tit***-
* The original from which this microfilm
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* This is the best photograph we _
* could obtain.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOES: None.
Passed obi its first reading by title at the meetihg of
January 24, 1978, it was taken tip for its second and filial reading
by title and adoption. On Motion of Cotti tsioner Gibson, seconded
by Comissioriet P umler, the Ordinance was thereupon given its
second and final reading by title and passed and adopted by the
following vote:
AYES t Commissioner hose Gordon*
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vide 'Mayor Manolo Reboso
Mayor Maurice A. Terre
*(LATER ASKED TO BE SHOWN VOTING WITH MOTION THOUGH ABSENT ON ROLL CALL)
SAID ORDINANCE WAS ptSIGNATtD ORDINANCE NO.8708.
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.
46 SECNt D R ADINC (NAVE: iCE: CHANGE OE /ON§ CLASSIFICATION .� NW CORNER
OF 4 LT. AT Nt ENI
RRACC FROM - TO
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF LOTS 31 thru 40, BLOCK 14; BAYSHORE UNIT
#4 (16-30), BEING THE N.W. CORNER OF N.E. 4TH
COURT AT N.E. 55TH TERRACE, FROM C-1 (LOCAL
COMMERCIAL) TO C-4 (GENERAL COMMERCIAL); AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF THE SAID ORDINANCE
NO. 6871 BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2 THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
* (MRS . GORDON ENTERS MEETING - 7:25 P.m.)
Passed on its first reading by title at the meeting of
January 24, 1978, it was taken up for its second and final reading
by title and adoption. On motion of Commissioner Gibson, seconded
by Commissioner Plummer, the ordinance was thereupon given its
second and final reading by title and passed and adopted by the
following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8769.
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.
ern 1074
MA! .50141 4 till, RLAS GARDENS HOUSING
Mayer rerre Now ladies and gentlemen is there anybody here as
an obiector to item `i (a)? Are there any objectors 7 (a) or 7 (b)?
On 7 (a) first, Bail the roll.
The following resolution was introduced by Commissioner Gibson,
who toned its; adoption
RESOLUTION NO. 78-146
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF N.E. 52ND STREET BOUNDED BY
THE WEST RIGHT-OF-WAY LINE OF N.E. 2ND
AVENUE WESTWARD FOR A DISTANCE OF 458.495'
AND ALSO THAT PORTION OF N. E. 1ST COURT
BETWEEN THE NORTH RIGHT-OF-WAY LINE OF N.E.
51ST STREET AND THE SOUTH RIGHT-OF-WAY LINE
of N.E. 52ND STREET, ALL IN CONJUNCTION WITH
TENTATIVE PLAT NO. 994-A- "DOUGLAS GARDENS
HOUSING". ALSO IN CONJUNCTION WITH (a) A
CHANGE OF ZONING PETITION OF SAID PARTS OF
TRACTS "A" 6 "B"; (b) VARIANCE PETITION FOR LOT
COVERAGE; 6 (c) CONDITIONAL USE PETITION FOR
CONSTRUCTION OF A BUILDING IN CONNECTION WITH
AN INSTITUTION FOR THE AGED.
(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 following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: On 7 (b)-- SEE LABEL 6.
4
CI1Q7
MU WADING s1NA1 a ZONING CLASH 1 ATION 151 tt Si STREET
FROM Ill TO R40 OUG Owns HOUSINGaillAMI JEWI H Lill FOR lit MN 1
AN ORDINANCE ENTITLED
AN (ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
Or MIAMI, BY CHANGING THE ZONING CLASSIrICATION
Or + ES' or LOT 15 AND ALL OF LOT 16, BLOCK 2,
ALTA VISTA CORR. SUB (6-4), BEING APPROXIMATELY
13b4151 N.E. Si.ST STREET, A PART OF N.E. 1ST
COURT LYING BETWEEN N.E. 51ST STREET AND N.E.
52ND STREET AND THE W120' OF 5110' OF TRACT "B",
DOUGLAS GARDENS SUB (104.,49), FROM R-1 (ONE
FAMILY) TO R..4 (MEDIUM DENSITY MULTIPLE); AND
CHANGE OF ZONING OF E52.5' OF LOT 3, E50' OF
LOT 18 AND ALL OF LOT 19, BLOCK 2; ORCHARD VILLA
TRACT 3RD SEC. SUB (9..30), BEING APPROXIMATELY
76 N.E. 52ND TERRACE AND APPROXIMATELY 77 N.E.
52ND STREET, FROM R-2 (TWO FAMILY) TO R-4
(MEDIUM DENSITY MULTIPLE); ALL OF SAID PROPERTY
CONSTITUTING PARTS OF TRACTS "A" AND "B" OF
TENTATIVE PLAT N0. 994-A "DOUGLAS GARDENS HOUSING"
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE APART OF THE SAID ORDINANCE NO.
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gordon and seconded by
Commissioner Gibson, and passed on its first reading by title
by the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
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.
5
�9�
CHN4 WEIN Slool SIW, 27 TE t "A"arb SIWI 27 WAY, town
SIWI 22 Alo (sr✓ Ms. Alt Berwm SW Avti W V 31 CAM
The fol oW hg resolution was introduced by CO issio er
Plummer, who moved its adoption:
RESOLUTION NO. 78 147
A RESOLUTION CHANGING THE DESIGNATION OP
S.W, 27TH TERRACE "A" TO S.W. 27TH WAY
BETWEEN S.W. 22ND AND 23RD AVENUES AND
BETWEEN S.W. 3 1ST AVENUE AND 3 HST COURT;
DIRECTING APPROPRIATE CHANGES IN CITY
MAPS, RECORDS AND STREET SIGNS; DIRECTING
THE CITY CLERK TO NOTIFY THE POSTMASTER, DADE
COUNTY DEPARTMENT Or TRAFFIC Alb) TRANS-
PORTATION, SIGNS AND MARKERS DIVISION,
COUNTY CLERK -BOARD OF DADE COUNT'
COMMISSIONERS AND MIAMI-DADE WATER AND
SEWER AUTHORITY; AND AUTHORIZING THE
APPROPRIATE DEPARTMENTS TO CHANGE THEIR
RECORDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Gibson, the resolution
was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
8, FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION AT 1550 N,W. 10 AVE.
FROM R3 To RC.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION
OF ALL OF LOTS 3 AND 18 AND THE EAST 28' OF
LOTS 4 AND 17, BLOCK 9, SUNNYBROOK 3RD ADD.
(43-72) AND THE SOUTH 1/2 OF N.W. 16TH STREET
RIGHT-OF-WAY AND THE NORTH 1/2 OF N.W. 15TH
STREET RIGHT-OF-WAY, ALSO KNOWN AS THE WEST 88'
OF TRACT 9 OF TENTATIVE PLAT NO. 787-B-"JACKSON
MEMORIAL HOSPITAL TRACT ADDITIONS", BEING 1550
N.W. 10TH AVENUE, FROM R-3 (LOW DENSITY MULTIPLE)
TO R-C (RESIDENTIAL OFFICE); AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE
A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY
PROVISION.
Was introduced by Commissioner Gibson and seconded by
Commissioner Plummer, and passed on its first reading by title by
the following vote:
AYES: Mrs, Gordon, Mr. Plummer, Rev. Gibson, Mr. Reboso, and Mayor
Ferre.
NOES; None.
ABSENT; None.
The City Attorney read the ordinance into the pubic record And
announced that copies were available to the members of the City
Commieeion and to the public.
FIRST SING ORDINANCE! CHANGE ZONING CLASSIFICATION At APPROXIMATELY
FFANI(LtN AVEI FROM Pt2 TO Rio
AN ORDINANCt ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOtt THE
CITY OF HIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 1-4 8 E23.4' OF LOT
S, BLOCK 2; ROYAL GARDENS (20-3) AND TRACT
"B" LESS E1S5' OF S89.O3'; ST. HUGH PARISH
1ST ADDITION (84a-16), BEING APPROXIMATELY
3353.3389 AND 3400,.3444 FRANKLIN AVENUE,
FROM R-2 (TWO FAMILY) TO R-I. (ONE FAMILY);
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF THE. SAID
ORDINANCE NO. 6871 BY REFERENCE AND DESCRIP-
TION IN ARTICLE III, SECTION 2 THEREOF; BY
REPEALING ALL ORDINANCES, CODE SECTIONS, OR
PARTS THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
Was introduced by Commissioner Plummer, and seconded by
Commissioner Gibson, and passed on its first reading by title by
the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
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.
10. FIRST READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE II AND X, PROVIDING
A DEFINITION FOR HOUSING FOR THE ELDERLY IN R5 DISTRICTS.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE
II -DEFINITIONS -SECTION 2, BY ADDING A NEW SUBSECTION
(38-A) PROVIDING A DEFINITION FOR HOUSING FOR THE
ELDERLY; AND ARTICLE X-HIGH DENSITY MULTIPLE R-5
DISTRICT -SECTION 1, BY ADDING TO SUBSECTION (4) A
PROVISION FOR REDUCING THE LOT AREA REQUIRED PER
DWELLING UNIT OF HOUSING FOR THE ELDERLY; THEREBY
PERMITTING A HIGHER DENSITY; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT; AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gibson, and seconded by
Commissioner Plummer, and passed on its first reading by title by
the following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES; None.
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.
IL CLOSE ALLEY BETWEEN NW 9 AND 10 AVES. tETWEEN NW 15 AND 17 STREETS.
TENTATIVE PLAT #787 °JACKSON MEM. HOSP. TRACT ADDITIONS."
The following resolutions wag ihtroduced by Commissioner
Cordon, who Moved its adoption:
RESOLUTION NO. 78..148
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OR THE ALLEY
LYING BETWEEN N.W. 9TH AND 10TH AVENUES AND
BETWEEN N.W. 1STH AND 17TH STREETS, FOR A
DISTANCE or 680'; IN CONJUNCTION WITH TENTATIVE
PLAT NO. 787-8- "JACKSON MEMORIAL HOSPITAL
TRACT ADDITIONS".
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
12. VACATE AND CLOSE EAST/WEST ALLEY BET, CT D BISCAYNE BLVD.
A SOUTHERLY END p IH4 BLOCK BEI. NL ERR, 1 TH ST,
(IENTATIVE FLAT ##1uOi BISCAYNE FEDERAL PLAZA AMD.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 78-149
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THE
EAST -WEST ALLEY LYING BETWEEN N.E. 2ND
COURT AND BISCAYNE BOULEVARD AT THE SOUTHERLY
END OF THE BLOCK BETWEEN N.E. 17TH TERRACE
AND 18TH STREET, IN CONJUNCTION WITH TENTATIVE
PLAT #1007 - "BISCAYNE FEDERAL PLAZA AMENDED".
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
8
FEB 231978
13. VACATE AND CLOSE SO 30.92 Fes` OF Ate IN SLOCK SOUNDED BY tISCAYNE
B r a NE 4m Av . Nt 17T TEAR, AND 18TH ST.- TENWIVE PLAT #1006
LES VIOLINS SUB,
The followitg resolutionk was i. ,troduoed by Commissioner
Gibson, who moved its adoption:
RESOLUTION NO. 78-160
A SOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE or THE
SOUTHERLY 30.92' or THE ALLEY LYING IN THE
BLOCK BOUNDED BY BISCAYNE BOULEVARD, N.E.
4TH AVENUE, N.E. 17TH TERRACE AND N.E. 18TH
STREET, AND RUNNING NORTH -SOUTH WITHIN SAID
BLOCK; ALL IN CONJUNCTION WITH TENTATIVE
PLAT NO. 1006 LES VIOLINS SUB".
(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 following vote:
AYES: Commissioner Rose Gordon
Commissioner (Rev.) Theodore R. Gibson
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
14. WERRULE ZONING BOARD'S DENIAL BY GRANTING CONDITIONAL USE TO PERMIT
MEDICAL/DENTAL OFFICES - 4370-72 W. FLAGLER STREET.
Mayor Ferre: We're back to item # 1-A, Rose you asked for a
deferment on 1 -A & B. As you remember the Planning Department
recommended a denial. The Zoning Board recommended a denial 5 to
1 and 6 to 0. There are two objectors by mail. The Applicant
is Fernando Nunez -Perez. Alright, we've gone through this item
before. I think we're all acquainted with it. We would have
voted on it last time except that one of the members of this
Commission asked for a deferral so that she could inspect the
property.
Mrs. Gordon: Ok,you can move with whatever direction you want to
go ....
Mayor Ferre: Alright, I'm open for any motions at this time.
Mrs. Gordon: Anybody want to hear anything more about it?
Mayor Ferre: We've heard this matter before.
Mr. M. Del Aguila : I don't think it's been heard. I mean it's
been deferred, but I don't think it has been heard.
Mayor Ferre: Didn't we discuss this before?
Mr. Davis: There was some discussion, I'm not sure that it
was discussed to the fullest.
Mayor Ferre; Alright, I'll recognize you ...
Mr. Deb, Aguila: My name is Miguel Del Aguila I represent the
owner of this property and we're trying to get a permit for a
medical office. We were denied by the Zoning Board and we just
simply would like to state our case right here.
Mayor Ferre: Alright, go right ahead.
Mr. Del Aguila; Ok. We are seeking a medical office. This will
9
MP A` A AA OMMAI
enhance the public interest, the health, the safety, and the
welfare of the community " as a whole. We have petitions, signed
petitions, by over SO of the mediate residents of the area. 'his
were mostly older people of latit background, who are very interested
itt having a doctor nearby, We have a doctor present and if you
would agree to hear from him he wound like to state his case
Mayor Ferre: Alright it
br. bovaie: My name is bp, Dcvale. I'm a doctor of Chiropractic
and I'm very interested in setting up an office at that location
because the Spanish community which surrounds the area has a
tremendous need of my care and there is nobody else providing my
services. There are a very few doctors of Chiropractic, Spanish
orient and I'm very interested if possible to be there.
Mayor Ferret Alright, Doctor.
Mr. Del Aguila: Do you have the petition with you sir?
Mayor Ferre: Yes.
Mr. Del Aguila: Ok. That's essentially what we have to, we don't
want to take up much of your time.
Mayor Ferre: Alright, ... from the Department.
Mr. Whipple: Mr. Mayor, and members of the Commission, the Department
recommends denial on this item on the basis primarily that it is but
a 5,000 sq.ft. site, a residential structure being converted, or
proposed to be converted to office use. It is our opinion based
upon the proposed medical facilities that are a part of the condition-
al use being applied for that there is not sufficient parking, nor
convenient access to parking to accommodate the use. The ordinance
requires a larger site of at least 6,000 sq.ft. They do not meet
this requirement. We have approved other facilities in the area
which do meet the basic requirements and the precdent to be established
by utilizing smaller sites and not providing convenient parking we
feel is not proper and therefore recommend denial of the petition.
Mayor Ferre: Alright on rebuttal.
Mr. Del Aguila: On rebuttal, I think the requirements of the city
call for six parking spaces. We meet that without any problems.
I think the case lies mostly on the fact that we don't meet the
square footage. Now that is about their only basis that we don't have
the required square footage, because we do meet the six required
parking spaces. We are also taking it upon ourselves to pave an alley
that goeb all the way from 43rd Avenue to the proposed site plan at
our own expense so that people can come in through the back and park
in the back.
Mrs. Gordon: Mr. Mayor, I don't think this is going to cause any
great harm to the neighborhood or to the - even in any way because as
I understand it you work by appointments, is that correct?
Mr. Del Aguila: Yes, it is.
Mrs. Gordon: So you're not going to have a dozen people waiting for
your services at any one time, and I'm very familiar with the area.
I can't see any great harm in it so I'm going to move approval.
Rev, Gibson: Seconded.
Mayor Ferre: Alright, there's a motion and a second on item 1 (a),
is there further discussion on the item, that the conditional use
be permitted? Call the roll.
10
1
The folicwi ig resolution was introduced by Cof mistiohet+ Gofidef''1 ,
who moved its adoption:
RESOLUTION NO, 78-151
A RESOLUTION GRANTING THE CONDITIONAL USE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE VIII,
SECTION 1(11) (c), TO PERMIT MEDICAL OR DENTAL
OFFICES ON LOTS 7 AND 8, BLOCK 1; HYDE PARK
(11-60), BEING 4370-72 WEST 1"LAGLER STREET,
AS PER PLANS ON 1'tLE, IN CONJUNCTION WITH
VARIANCE APPLICATION; ZONED R-4 (MEDIUM DENSITY
MULTIPLE).
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk).
Upon being seconded by Commissio Per Gibson, the resolution
was passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
15. OVERRULE ZONING BOARD'S DENIAL BY GRANTING GITIONAL USE TO PERMIT
VARIANCE TO PERMIT NEDICAIiDENTAL OFFICES -
437a-72 W. FLAGLER STREET,
Mayor Ferre: Take up item 1 (b).
Mr. Whipple: This is in conjunction with 1 (a).
The following resolution was introduced by Commissioner Gordon,
who moved its adoption:
RESOLUTION NO. 78-152
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE VIII, SECTION 2 (2) (a) AND
ARTICLE XXIII, SECTION 2 (2), TO PERMIT MEDICAL
OR DENTAL OFFICES ON LOTS 7 AND 8, BLOCK 1,
HYDE PARK (11-60), BEING 4370-72 WEST FLAGLER
STREET, AS PER PLANS ON FILE, ON A LOT 50' WIDE
(100' REQUIRED) AND 5,000 SQ. FT. IN AREA
(10,000 SQ. FT. REQUIRED), AND AN ACCESS AISLE
15' WIDE (23' REQUIRED) TO THE COMPACT CAR SPACE
TO THE REAR OF THE PROPERTY, IN CONJUNCTION WITH
CONDITIONAL USE APPLICATION; ZONED R-4 (MEDIUM
DENSITY MULTIPLE).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Gibson, the resolution
was passed and adopted by the following vote:
AYES: Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Commissioner (Rev.) Theodore R. Gibson
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES; None.
11
MIME ZONING BoAres DENIAL EY OWING WINE TO MIT TWO1TORY
MOLEX AT 3513 SW 17TH Tm,
Mayor Werra: Take up item #2 on appeal. Mrs. Gordon, again this
item was deferred because you wanted to look at the property and
we're now the matter is again before us. The Applicant is Manuel
DelPortillo. This was denied of a Variance to permit construction
of a two story duplex.
Mr. Whipple: This was deferred because certain members of the
Commission wanted to go out and review the site.
Mayor Ferre: There is more than one that wanted to look at it.
This is the house in the middle of the street, and we've been
through all this before.
Mrs. Gordon: This would replace that very bad structure that
is presently there which is also a two story structure.
Mayor Ferre: Is there a motion? Are there any objectors present?
There were no objectors of record.
Mrs. Gordon: I can't see any great harm to the neighborhood...
Rev. Gibson: The present building is coming down is that what
you're telling us?
Ms. Del Portillo: Well, if you approve it
to make it economical feasible to build...
to build a duplex, you know
Rev. Gibson: You'll tear that present building down. I understand
go ahead. I've solvedthat.
The following resolution was introduced by Commissioner Gibson,
who moved its adoption:
RESOLUTION NO. 78-153
A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE
NO. 6871, ARTICLE VI, SECTIONS 2 (3), 3 (3) (a),
TO PERMIT CONSTRUCTION OF A TWO STORY DUPLEX
ON LOT 13, CARA VILLA (32-12), BEING 3513 S.W.
17TH TERRACE, AS PER PLANS ON FILE, WITH 3,040
SQ. FT. OF LOT AREA (4,000 SQ. FT. REQUIRED),
AND A 15' REAR YARD (20' REQUIRED); ZONED R-2
(TWO FAMILY).
(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 following vote:
AYES: Commissioner (Rev.) Theodore R. Gibson
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice Mayor Manolo Reboso
Mayor Maurice A. Ferre
NOES: None.
12
171 INSTRUCT PLANNIM DEPART to R v AREA POR POSStal t E OP PIING
2103 SouTH Dtxt HIG14101
Mayor ferret Fake up item 03 on second reading, Application by
Southeast Properties to Change the Zoning of approximately 2100
South biitie Highway from R=1 tb RCA. This ordinance was passed
on First Reading on January 24th. Introduced by Commissioner Gordon,
seconded by Commissioner Plummer. Is there a :notion? Mrs. Gordon?
Mrs, Gordon: The ordinance has to be read.
Mayor Ferret Well, we have to get a motion first.
Mrs. Gordon: Well, the reason I'm asking for the reading is to
see whether the ordinance is written as it was passed...
Mayor Ferre: Rose, technically, if I'm not mistaken I don't want
to quiver with you about it,but why don't you go make the motion...?
Mrs. Gordon:
Mayor Ferre:
sure that we
moment.
Alright, I move it as it was moved last time.
And, seconded by Plummer. Now read the motion to make
got it right. I'll recognize you for discussion in a
Mrs. Gordon: Ok.
Mr. Anderson: "An ordinance amending Ordinance No. 6871, the
Comprehensive Zoning Ordinance for the City of Miami, by changing
the zoning classification of lots 11, 12, 13, 14, 15, 16, 17 and
18, less the south 149.9' thereof; also that portion abutting the
north boundary line of said lot 11, Block "E", Biscayne Park Terrace
(2-36), being approximately 2100 South Dixie Highway, from R-1
(one family) to R-CA (residential office); and by making the necessary
changes in the zoning district map, made a part of the said ordinance
no. 6871, by reference and description in Article III, Section 2
thereof; by repealing all ordinances, code sections, or parts thereof
in conflict; and containing a severability provision."
Mayor Ferre: Alright. Now,under discussion Rose is that acceptable
to you the way...?
Mrs. Gordon: Yes that's right.
Mayor Ferre: Alright. Now under discussion, you want to say something?
Mr. La Casa: Yes,Mr. Mayor, Armando La Casa, 1408 S.E. Bayshore Dr.
representing Southeast. property, the applicant. After havingdiscussed
this at length both at the Zoning Bo_ard, at the City Commission,
having met with the neighbors, both of the members of the Tigertail
Association and other neighbors who are for the re -zoning of this
property as we originally applied for, and even though we don't
feel that the property should have been re -zoned R-CA,in order to
reach a compromise we are more than willing to accept at this point
to re -zone this property, the part that abuts with South Dixie High-
way, R-CA, and the other part to leave it R-1 with lots of 90' depth,
instead of 149. This is the only amendment that we plead with this
Commission in an effort to reach a compromise, and the reason is this ...
Mayor Ferre: Let me understand what you're saying because I want to
make sure I got that clear. You're saying that from Secoffee up,
instead of being 149' which is what those lots are, you want it to go
90', is that correct?
Mr. La Casa; Correct. The reason Mr. Mayor is this, with the present
situation as it is the R-CA part of the property is practically non-
useable. We cannot build this same building with a decent landscaping
in the same fashion that the building which is next to it. In order
to try to seep this neighborhood at the same level that it has reached
when this other building was built, having gone back to the drawing
tables, the architect has designed a building which would reserve the
same kind of environment, all the trees, the same landscaping, and the
13
only change would be of course, that we will have less rentable
space, so it Will be an eoonomid sacrifice, but that's alright,
we are willing to go for it, in an effort to make a compromise
with the neighbors and to take the burden off the City CoMMiSSion
at this point.
Mrs. Gordon: A question to you. What's the frontage on those
lots-- I'll ask Mr. Davis. What's the frontage or those lots
on Secoffee?
Mr, Davis: Well, the frontage is about 72 to 74' per lot, Mrs.
Gordon. There are 1,2,3,4,9,6 times 70 is 420...
Mrs. Gordon: No, no, each lot. 1 just want to know the frontage.
Mr. Davis: 72 to 74sma'am.
Mayor Ferret Right, so you'd have a lot that would be 6,S00 sq.ft.
Mr. La Casa: Correct. That will allow us to build on both to keep
the buffer zone residential on Secoffee to keep those lots R-1 which
is in the same spirit that the Planning Board of the City of Miami
approved for this particular piece of property as well as for the
street down Southwest 22nd at the last meeting on January l7th and
at the same time will allow us to build a useable building and keep
the landscaping and the environment in the same fashion that we were
proposing originally.
Mrs. Gordon: Mr. Whipple, would you or Mr. Davis put a line on the
map where that would fall, if you don't mind? 90' north from
Secoffee.
Mr. Davis: While Mr. Whipple is doing that 1 just want to mention
if this is to be the opinion of the Commission it would have to go
back for re -advertising and for a new first reading and a new second
reading.
Mayor Ferre: That's a legal requirement.
Mr. Plummer: Are you finished Rose?
Mrs. Gordon: Yes, I just wanted to have a demonstration on the
board so we could see what we're talking about.
Rev. Gibson:
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Fosmoen:
Draw the line all the way across.
He did that.
No, he's talking about 12 and 11.
Well 12 and 11 is not involved.
11 and 12 are not in the petition.
Mr. Davis: The Applicant never had control of 11 & 12. He does not
have control of them now.
Mrs. Gordon: No, of course, he doesn't.
Mr. Plummer: May I ask you a question. We are proposing under
study to change that into R-18.
Mr.
Mr.
Mr.
Davis: That is correct.
Plummer: Which then requires a minimum of
Davis: That is correct.
10,000 sq.ft.
Mr. Plummer: Alright, La Casa,you want to do a little horse trading?
Mr. La Casa; ... Of course, I am always willing, but Commissioner
Plummer,let me clarify that this was for the second time dealt with
14
ae un . !A*!1w
At the Planning Board of the City of Miami the last time Oh January
17th acid here again this particular piece of property was found by
the Blahhing toad that was to be kept R.,1 so,as Mr. Fosmoen gait attest
thin was the decision on tlaiivaty 17th, so that Situation is over
with. It's no longer being considered for change to .,1B. It was
left B=1.
Mr. Plummet: Sounds like the horse got out of the barn.
Mrs. Gordon: Mr. Fosmoen will you speak to that, so you can up-
date us on that part?
Mr. Fosmoen: At the last meeting of the Planning Advisory Board
they considered the rezoning on 22nd Avenue and the north side
of Secoffee from R-1,which it is presently zoned,to B-1B and the
Planning Board rejected the re -zoning.
Mrs. Gordon: Unanimously?
Mr. Davis: It was a split vote.
Mr. Fosmoen: It was a split vote.
Mrs. Gordon: How was it split?
Mr. Fosmoen: 4 to 2.
Rev. Gibson: What would that do?
Mr. Fosmoen: Well, the result of that is ....
Mr. Davis: To reject it(excuse me) two in favor of the re -zoning
to R-1B,the recommendation. of course, this is still scheduled for
your commission....
Rev. Gibson: Are you telling us that they wanted it to stay R-B?
Mr. Davis: To stay R-1.
Mr. Plummer: No, we the Commission,asked that it be included.
Mr. Davis: That is correct. It will be before this Commission
at your March meeting. It was a recommendation by the Planning
Advisory Board for denial of the application to change the lots on
the easterly side of 22nd Avenue and on the northerly side of
Secoffee Street from R-1 to R-1B. The recommendation is negative
from the Planning Advisory Board.
Mrs. Gordon: Are there any objectors here regarding this proposal
that we've just heard?
Mr. Davis: This second reading,ma'am,is not publicized.
Mayor Ferre: Alright, now, let me see if I understand from Mr. Davis
what would happen if that were to pass here. We couldn't really pass
it,number one. because it isn't advertised, you understand?
Mr. Davis: That is correct.
Mayor Ferre: So there is no way that that can pass today. What
we would do,if that were to be the will of this Commission,is that
it would have to be re -advertised on first reading and we'd have to
go through all this all over again.
Mrs. Gordon: Mr. Mayor, let me tell you what I think you could do.
We could go ahead and pass on what we've got and then if the applicant
wants to make an application for an additional portion of land he
goes throughthat process. That's what it is. 1 mean, this is
advertised right .now and this is what we have a first reading and a
second reading and this is still part and parcel of what you're
talking about so, you know..,
Mr. Davis;There is only one question Mrs. Gordon, 1 want .to get with
just as tOoh as We get an opinibn from our Law Department as to whether
or not the Applicant cah re..apply for this change of tt h1htt t'ithifi
one year on this Mart1.etatr
Mr i Plummer! It's not been denied on the additional Mort ion .
Mrs, Gordon: We're just Massing oh what we've got.
Mr, Davis, 1 mean, on the change to RauCA for that other portion since
it was once.,.
Mr. Anderson: The application was for the entire tract and what you're
doing is, in effect denying a portion of it, so under the ordinance
theoretically he can not apply for another year and a half to change
to the same toning after its been denied by the Commission, tut the
Commission can (there's a section there) it says if it means a hard-
ship he can come before you and if three of the Commissioners decide
that there was a hardship involved he can reapply within the one
.and a half (11) year period, So before he could reapply he would
have to come back to see you;you would have to give him the approval.
Mayor Ferre: The question is whether or not that would be subject to
legal challenge, because you know, the question of hardship is something
that how is this Commission going to determine that? I'm not a lawyer,
so l don't know.
Mr. Fosmoen: There's no hardship on it. You know, we have a technical
problem.
Mayor Ferre: Well,then how can we
only way that I see that you could
yourself into a real donnybrook is
to advertise it for first hearing,
way.
technically take it up? See the
legally do it without getting
if it's the will of this Commission
the only way. There is no other
Mr. Reboso: Mr. Mayor, I for one, don't have any objections to
listening to this item again.
Mayor Ferre: To do what?
Mr. Reboso: To hear this item again.
Mayor Ferre: Well, it has to be re -advertised.
Mrs. Gordon: Well, you have a motion on the table,Mr. Mayor.
Mayor Ferre: I realize that. I realize that.
Mrs. Gordon: And, I think that you've heard the position of one side.
If you want to hear the other side, if not, I would ask you to call
for the question.
Mr. Reboso:
Mayor Ferre:
Mrs. Gordon:
Let's see what the motion is.
The motion is ...
Second reading.
Mayor Ferre: The second reading on item 3, Now, we've heard one side.
There are those, of course, the other side would like for item 3 to pass
so I'm sure they're not interested a1 this point. 1f item 3 passes
what they're concerned about is il item 3 doesn't r3 ; and then there's
a re -hearing to make it 90', that you're ii11 o ru:zt e0 in.
Mr. Plummer; Well, let me ask mech,snic.;1 ly . if we send this back
tonight, it goes through the entire process ag4.ine i:; th,it correct?
Mr. Davis; Just the entire process before this Commission because
the Board has already made its recommendation. The Board would not
have to hear it again,
Mayor Ferre: That's correct. So it could be scheduled on first
reading, if that's the will,
16
Mr. Plummer: Would it be a first reading?
Mayor Perm: It has to be.
Mr. bav s : yeti sir.
Mr. €osmoen: Commissioner, Mr. Mayor...
Mayor Terre: Sir,
Mr, £os:noen: I understand what is a.technical dilemma and probably
a time problem. If it's the Commission's will to rezone the property
excluding the southern 90' this could be re -advertised for first
and second reading at your next Planning and Zoning board Meeting.
Mayor Ferree: That's precisely what I said.
Mr. Fosmoen: I'm sorry,I didn't hear you.
Mayor Ferret Now, if it passes today then there's no need to do that
unless wants to, you know,
Mr. Plummer: But that's the point. The point is you can't separate...
Mr. Davis: The Applicant cannot re -apply.
Mayor Ferre: I understand that , so obviously, if this thing passes
that's the end of it. If it doesn't pass then somebody can make a
motion to have a first reading if that's the will of the majority, then
we're going to listen to the all of the neighbors. We have a motion
on the floor and it's been seconded. Is there further discussion?
Rev. Gibson: Let me ask you. I want to think loud. How many feet
are necessary to make those lots liveable in R-1?
Mr. Fosmoen: 90 feet sir.
Rev. Gibson: 90 feet, so you have 90 by what?
Mr. Fosmoen: 72.
Mrs. Gordon: Are you making this recommendation Mr. Fosmoen?
Rev. Gibson: No, no. I'm asking. I want to be enlightened. No, no,
nobody is recommending, before we do anything I want to make sure I
understand. I'm not always the best guy to raise a question, but I
would like to hear the people who are affected. I want to talk about
reasonableness, ok. If you have a lot that meets the requirements,
say it's 72 x 90,if that lot is zoned R-1 ...
Mayor Ferre: That won't come up today. It doesn't come up for discussion
today.
Rev. Gibson: Well, I want to make sure I understand so that, you see,
isn't it true that one vote will bring me to another position? Isn't that
true?
Mayor Ferre: Well, not necessarily. Let me tell you the alternatives
of what can happen here tonight. One, it passes. If it passes,obviously
with a majority of three or more it's a dead issue. The seconu alter-
nativeiit doesn't pass,like now; the only way that it brings you to
that discussion that you're talking about is if somebody else makes a
motion and that passes, for that you need three votes. Now, if that
notion were to pass it cannot be discussed tonight, because this is
not the forum, because it has not been properly advertised. So there-
fore,then you would have to call for a Special Commission Meeting,
I guarantee you'll have the room packed again and we got to go through
all this again and at that point we vote again. If it passes then,
then what he's asking for he gets and if it doesn't pass at that point
then he doesn't have anything. What he has is R-1, period 'and that's
the end of it, and the next time he can apply is a year and a half
(1%) from now. Mike, did I state it right?
17
Mr. Anderson: Yes sir.
Mayor Terre: Cke
Rev. Gibson: But, what you all don't hear me saying
If the people who are affected, listen to this,...
Mayor perre : excuse me for a moment rather Gibson. Mr. Currais
your matter , has already passed so you can go home this,....
Mrs. Gordon: Why don't you call out the numbers that have passed
Maurice, there may be other people here?
Mayor Ferre: Items I (a) and (b) have passed,4,6,6,?,(a) and (b)
Items 9, 11, 12, 13, 15, 16, and 17 have all passed. Alright?
Back to you,'ather.
Rev. Gibson: Mr. Mayor, what 1 was thinking is... I think that such
a thing, I believe when we drew that line Rose that we were trying
to retain the'residential character of the neighborhood, isn't that
... wasn't that in our mind? sure. Now what I'm trying to find out
if we can retain the residential character of the neighborhood and
if that is reasonable for the people affected it might well be that
some of us who voted to retain the neighborhood and they and we
understand and if we could accomplish that, some of us will vote one
way. You see, I don't plan to be voting as a lier, you understand?
And, I want to vote also as a reasonable man, if you understand what
I mean. This man can get what he wants and the people can be relatively
satisfied that you will retain the residential character of that
neighborhood, that's one thing, you follow? That's all I'm saying.
Mayor Ferre: Well, let me ask you a question because I don't quite
understand it. Those little lots,Rose,that you were pointing to right
now, how wide are those lots?
is what 1 perceive.
Mr. Fosmoen: Which ones?
Mayor Ferre: Yes, that's it.
Mr. Fosmoen: 25 feet.
Mayor Ferre: There are no houses on a 25 feet lot.
Mr. Davis: They usually use two or three lots per assembly.
Mayor Ferre: Oh, I understand. Alright, thank you.
Mrs. Gordon: What is the zoning on that side of the street?
Mr. Davis: R-CA.
Mayor Ferre: Alright, ladies and gentleman the issues are
Is that the proper language? I think we all know where we
one way or the other so without further ado and there's no
discussion. Call the roll.
Mr. Ongie: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr. Ongie: Mr. Plummer?
Mr. Plummer; No.
Mr. Ongie; Mr. Reboso?
Mr. Reboso: No,
Mr. Ongie; Reverend Gibson?
Rev. Gibson; I vote yes.
Mr. Angie; Mayor Terre?
ip
enjoined.
stand
further
Mayor rerre: Consistent with thy previous two votes,! vote hoe
Now that means that item #3 did hot pass, h'ow,uhless 1 here
a Motion the matter is a dead issue.
Mr. Plumper: I'll make you a motion, I make a motion and I'm
not going to agree with Mr, La Casa4Mr. Mayor, and if he doesn't
like it well then he can ask for it to be denied, Mr. Mayor, I
think in my estimation if weere ever going to have buildable lots
those lots have got to be a 100 ft, deep, That will give Mr,
La Casa or his project an additional 49 almost 50 feet, 1 have
stated all along I had hoped as this Commission had hoped that the
compromise would work. I said at the time of my vote that in my
estimation it was a great solution but it was not practical nor was
it financially feasible.
Mayor Ferre: Alright Plummer moves, is there a...
Mr. Plummer: Mr. Mayor, I'm going to finish my statement.
Mayor Ferre: Oh I'm sorry.
Mr. Plummer: I'm sorry.
Mayor Ferre: Go ahead.
Mr. Plummer: I think that if we can work out an agreeable
situation, we can have the best of both worlds. I know what the
basic concern of the neighborhood is and that is the access of
22nd Avenue. I still think that can be worked out and we can
still have the residential character which is so important to
the neighborhood. I then move Mr. Mayor that a public hearing
be rescheduled for (how do I do it Bob?) the additional 49 or
the 100 ft.?
Mr. Davis: For the property in question less the south 100 if
that's....
Mr. Plummer: Less the south 100 ft. be rescheduled for a public
hearing.
Rev. Gibson: I'll second that.
Mayor Ferre: Alright, there's a motion and a second. Further
discussion and that will have to be sometime in March I would
image or ...
Mr. Davis: At the earliest, yes.
Mayor Ferre: Alright, further discussion...
Mr. Plummer: Well, Mr. Mayor, let me under discussion... there's
probably going to be a lot of discussion about this among the
neighborhood; unfortunately,I live in the neighborhood No,fortunately
I live in the neighborhood. The only thing,Mr. Mayor that I would
not want to see this Commission accused of that this be scheduled
during the summer time, if for any reason this can't be scheduled
in March where it would be said that this Commission tried to put
something through when everybody was out-of-town.
Mayor Ferro: Mr. Plummer we're in February. I'm sure you won't
have that problem. Further discussion.
Mrs. Gordon: What's the lot number that faces on 22nd Avenue, the
first block?
Mr. Davis; Block number 18.
Mrs. Gordon: 18?
Mayor Terre; 18. I would also recommend, Mr. Plummer if I may in
your motion that you make sure that �.t's an evening meeting so that
everybody can get to it, ok?
19
Mr. numrer: Very definitely.
Mrs. Gordoh: I Was going to 'ask you if you Would consider eliminating
the depth from that particular lot, that would not then intrude at
all on the ...
Mr. FluMMer:
what l would
it in there.
if you don't
Oh, I see What you lean,... Well, tote I'll tell you
rather do to be truthful with you. i would rather leave
tt doesn't preclude the Commission from denying, but
have that included in the call you can't approve it.
Mrs. Gordon: You see that little corner is not going to mean a thing.
Mayor Ferret Well let's ask the people who are ... you see what
Mrs. Gordon is saying is that the last lot which is 18 not be involved
in this, therefore, there would be no question about access to 22nd
Avenue. Now...
Mr. La Casa: The problem is there is no question about the access on
22nd Avenue because we already have ...
Mayor Terre: Well, then what's the problem?
Mrs. Gordon: That wouldn't hurt your applicant.
Mr. La Casa: The problem here is one of parking spaces now; with the
10 ft. that Commissioner Plummer now took from this is going to make
more difficult the arrangement of the parking spaces. If you further
take that particular lot then where are we going to stand? What we
are trying to do here is to do something that is workable and we're
willing to go for the 10 ft. , .. ok, we'll go for 100. I checked with
the architect, she'll go for the 100, but if we continue taking from
this then where are we going to stand?
Mrs. Gordon: Listen, let me say something,ok? I would personally,
I don't know how the neighborhood feels I haven't talked to anybody.
I haven't talked to the Planners, feel that there would be less of
an intrusion, ok? If you had the 90, you know, but it was boxed -in
that way... but if in fact that were the case and it were 90 instead
of 100, you know, it would be 40 ft. it probably would be a better
parking pattern than what you've got...
Mr. La Casa: What you mean is leaving everything 90, but that part-
icular one.
Mrs. Gordon: I'm saying that's an alternative, you know, that's an
alternative which is a better building design and of course, I'm not
committing myself to it because it does need study, but if it were
approached that way then in my opinion the impact would be less.
Mr. La Casa:
Mrs. Gordon:
Mr. Plummer:
Mrs. Gordon:
Ok, but that will mean...
I don't know how the neighbors feel and that will...
Before you call, did you call the vote?
No, there's no vote.
Mr. Plummer: Before you call the vote, now you better heed of what
she just said, but also Mr. Fosmoen tells me, you better come here
prepared in case with a covenant, five days prior supplied to the
City Attorney, that you will covenant to this Commission no access on
22nd Avenue. Now you've agreed to that in the past,
Mr. La Casa: We have.
Mr. Plummer: Ok,
so that there's no
Mr. La Casa: Ok,
talking about now
but I'm saying that you better come with both things
question about a covenant at a later time.
let me see if I understand correctly. What we are
is to leave the first lot on
Mrs. Gordon: Mr. Fosmoen has the recommendation and I think that we'll
take hls recommendation.
20
Mayor r'erre: Well , What t s his recornmendation?
Mrs. Gordon: nets going to say...
Mayor t'erre t It's all here.
Mr, t`osroen: if the property is left in for the adVertisefeht the
Commission can arrays cut it back if Mr. La Casa is not in the
interim offer some kind of a covenant that will exclude or preclude
access to 22nd Avenue.
Mr. Plummer: Then you'll still get your property.
Mr. La Casa: ... we will.
Mrs. Gordon: That will be what you want?
Mr. La Casa: Sure.
Mayor Ferre: Alright, is that your motion Plummer?
Mr. Plummer: That's my motion.
Mayor Ferre: Is that your second? Further discussion. We will see
you at the public hearing whenever it's scheduled on first hearing.
We got first and second hearing to go. Call the roll.
Mr. King: Wait a minute. What about the question of R-1B as to the
remainder of...
Mayor Ferre: That's not reported today.
Mr. King: Well, they were talking about stipulations. It seems like
a negotiating statement and we hadn't had a word to say about it.
Mayor Ferre: And, we'll talk about it when...
Mr. King: Which was on an area which was denied by the Planning
Board, denied by the Zoning Board and we're changing the whole rules
of the ball game. We have to come back for six more hearings or what-
ever.
Mrs. Gordon: The motion for whoever,whoever here is interested in
this item. You heard the vote and it failed, therefore, we are back
at base one .... right, exactly.
Mayor Ferre: Further discussion. Call the roll please.
Mrs. Gordon: The motion is (repeat it J. L.).
Mr. Plummer: All that the less 100 ft. south.
Mr. Davis: The originally property less the south 100 ft. ma'am, all
lots, that would be lots 13 thru 18.
Mrs. Gordon: What happens if we didn't do this? It's just over,heh?
Mr. Plummer: That's right.
Mr. Davis: Then there would be no change at all from R-1 to R-CA and
the whole property would remain R-1.
Mayor Ferre: ... not today you're not. Further discussion on this
matter. If it doesn't pass it's academic. Sir, your item has been
denied, Item #3 is gone. It was voted down, 3 to 2, it is gone.
What we are discussing now is something that will be heard at a
future time. It will not be heard tonight. Now without further
discussion. Call the roll.
21
FR 9'I 107
j
ON ROLL CALL:
Mr, Plummer: Well, I know how I'm going to vote fit just trying to
question whether the Mayor is right.
Mrs. Gordon: I wonder about this whole procedure, in fact.
Mr. Plummer: There is nothing that can be said tonight ih my
estimation that couldn't be said at the future meeting. I'll vote
ess
Mrs. Gordon: I'm going to vote no, because the item is a closed
issue, actually and it should be reopened as a new issue, as a new
item by the applicant,and tot by this board.
Mayor Ferret 1 will express ray opinion. I consistently, and
consistently I'll vote no.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 78-154
A MOTION INSTRUCTING THE CITY MANAGER TO
ADVERTISE AND SCHEDULE A PUBLIC HEARING FOR
A POSSIBLE CHANGE OF ZONING ON THAT PORTION
OF THE PROPERTY LOCATED AT 2100 SOUTH DIXIE
HIGHWAY IDENTIFIED AS "LESS THAN SOUTH 100
FEET (LOTS 13-18)" FROM R1 TO RCA; AND FURTHER
INSTRUCTING THE CITY MANAGER TO SCHEDULE THIS
MATTER DURING THE EVENING.
Upon being seconded by Commissioner Gibson, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Reboso, Rev. Gibson,
NOES: Mrs. Gordon, and Mayor Ferre
ABSENT: None.
18. DISCUSSION AND DEFERRAL OF REQUEST FOR CHANGE OF ZONING:
1720 N.E. BAYSHORE DRIVE.
Mayor Ferre: Now we're on item #8 on first reading an ordinance
application by Adelaide Allocca to Change the Zoning of 1720 N.E.
Bayshore Drive. Rose, pay attention now because this is important
to all of us,now on Bayshore Drive from C-1 to C-3. The Planning
Department recommended denial. The Zoning Board recommended denial
7 to 0. Are you the applicant sir?
Mr. Hendricks: I represent the Applicant.
Mayor Ferre: Alright, your name for the record please.
Mr. Hendricks: My name is B.E. Hendricks. I'm a lawyer. My address
is 310 Alhambra Circle, Coral Gables, Florida, and I represent
Adelaide K. Allocca, the owner of the subject property.
... some pictures on the subject property.
Mayor Ferre: Alright, sir.
Mr. Hendricks: Thank you.
Mr, Plummer: Is this the house behind...
Mayor Ferre: This is the house in the corner of,would you believe,
Omni?
Mr, Plummer; Isn't that the woman you took the shotgun too?
Mr, Hendrick: No sir, (COMMENTS MADE OFF THE PUBLIC RECORD,BACKGROUND)
22
Mr, Plummer:
Mayor refire:
Mr. Plummer:
Mr, Hendricks:
Mayor rerre:
1 guess that Was the woman With the Herald.
That's right,
When they Went to build the Herald.
Not involved. We were in ....
Alright sir, Mr. Hendrickt, you can proceed sir.
Mr. Hendricks: To one one of the most unique situations that I've
teen in a long time. A part of this property is already zoned
C-3. A part of it is zoned C-1. The entire property is located
within the Omni complex. It is not across the street. It is not
down the street. It is a part of the entire Omni parcel. Now when
Mr. Tibor Hollo, it 1971 began to accumulate all this property so
that he could put on Plaza Venetia before he turned it over to Omni
he asked this Commission and the Zoning Board to change the subject
property, close certain alleys which cut off this particular piece
Of property from any ingress or egress except upon Bayshore Drive.
Now, at the time that this,as I'm informed, because I wasn't present.
There was a discussion about why this little particular piece of
property would be left out of the overall zoning of C-3. We're dealing
in 11,415.82 sq.ft. You can't use this piece of property for resident-
ial purposes any longer. Now in 1972 at that meeting, it was discussed
as I'm informed that there would be an overall change, and there was
a statement made by the Department that we're going to restudy this,
so the continual restudy has come along and come along. I have
contacted Mr. Whipple to try to get the minutes of these original
meetings so I can determine if there was a statement that we were
going to have an all over C-3, but he says, I can't get them, or
they're not available, but in any event you noticed that there is a
complete absolute denial by the Zoning Board.I requested and they've
accommodated because I think that five years, if it pleases you is
too long to try to study one little piece of property to wag this
entire downtown area. Now at no time has anyone come across and said
why this cannot be all C-3. There is no justifiable reason. All I
wish to do respectfully. I wanted to get it out of the hands of the
Zoning Board because it would be a forever study. I am asking this
body to let this property be zoned as is the adjacent property and
may I also call your attention to the fact and since we've been start-
ing on this I believe directly to the east of the property Mr. Hollo
had been able to rezone quite a large parcel of property. Now several
people have been wanting to obtain this property. Mrs. Allocca may
build an office building on it. She may lease it out for a out -door
banking facility. There are several things. She will do nothing
that will violate the esthetics of that community. That's all I have
to say. If there is a good reason why this should not be comprehensive
I would like to hear it.
Mayor Ferre: Alright, Mr. Hendricks thank you. Now we'll hear from
the Department.
Mr. Whipple: Mr. Mayor and meaers of the Commission the Department
recommended denial of this item based upon the fact that the applied
for C-3 zoning would not be of a character. It has commenced with
the surrounding development as if You may remember there was a grant
and a change of zoning for theOmni Project 2-C3,but there were certain
covenants offered to this city prior to this grant which limited the
development considerably less than what the existing C3 zoning would
permit ,for instance ,to the best of my recollection the floor area
ratio for Omni is somewhere in the vicinity of 3.5. The floor area
ratio that might be permitted based upon a 300 ft. height limit in
the C-3 zoning;there's 30 to 1. Now, we have suggested in the past
that under these circumstances that perhaps plans and ideas could be
proffered before us, the Boardsoand the Commission and restraints and
constraints used by which to promote reasonable development, commence
it with development in the area, however it has not been the Applicant's
desire to do so at least to this point and time. On this basis and
due to the intensity of being committed we feel that and suggest to
this Commission that the item be denied.
23
Mayor Terre: Alright, how strong do you feel about this
Mr. Fosmoen'
Mr, Fosmoen: Very atongiy sir.
Mayor Ferre: Alright, and I would, Mr. Hendricks, with all due
respects to you sir, because I know you're a fine gentleman. I waist
to tell you that I have to go along with our Department and the strong
denial which awns a unanimous denial of our Zoning toard, and I want to
tell you why so that we understand each other. What was given to the
Omni project had a whole series of very important covenants. There is
no way that you could have those type of covenants on such a small
piece of property and therefore without those covenants there's no
way that we could turn that property into a C=3, and I just, with
all the respects to you and I'm sorry to the owners, T just could
not vote with that.
Mr. Hendricks: May I make one reply sir?
Mayor Ferre: Of course.
Mr. Hendricks: The first time we have departed from the question of
we're making an overall study. Respectfully to you Mr. Mayor, you have
a building code, you have restrictions in it, you have the right to
compel and require proper construction. Now to compel us to commit
to you before we can find which is to the best financial and inner
economic interest,in my opinion, respectfully sir, is unfair. I do
not question your right. I do question the soundness of your position.
Thank you.
Mayor Ferre: Alright Mr. Hendricks. Further discussion on this
item. What's the will of the Commission please?
Mrs. Gordon: Mr. Fosmoen, what is the recommended zoning for this
in the comprehensive plan?
Mr. Fosmoen: C-3A, which would be a ---
Mrs. Gordon: When will that come before this Commission? Five years
is a long time for anybody to wait.
Mr. Fosmoen: It is a long time Commissioner and you know we're quite
willing to work with this property owner in trying to put together a
reasonable development. It just seems to us that rezoning it carte
blanche to C-3 with a FAR of 30.
Mrs. Gordon: No, I didn't tell you to do that. I'm just asking you
where he's going to get another zoning, but , size of what he's got,
and which the plan has been finished for five years?
Mayor Ferre: ... a valid question.
Mr. Plummer: But C-3A doesn't exist today.
Mr. Fosmoen: Not today.
Mrs. Gordon: When is it going to exist?
Mr. Hendricks: Five years.
Mr. Fosmoen: Well, I think there are two ways of attacking this
problem,we can wait until the committee finishes its deliberations.
As you know we've made a report to that Downtown Committee, Their
response was let's find out what happens with Rapid Transit before
we proceed with definitive guidelines in the zoning ordinance. The
other way is for us to work with the property owner to try and come
up with a reasonable development.
Mrs. Gordon: I think that would be a fair thing for you do.
Mr. Fosmoen; And, we'd be happy too.
Mrs. Gordon; And, I would defer this, rather than deny it so that
24
IIIP
you may have that opportunity to Confer, because it truly is a five
year process. I know. I've been opposed to the five year wait sir.
Mr. Hendricks: txcuse me, Mrs. Gordon, now until we know what we can
do with this property we can't work it.
Mrs. Gordon: l know that. That's why I want you to 646
Mr. Hendricks: Now, respectfully, and I hope that all of the Commission
will understand me. I don't want to be misconstrued on this, but we
have been carrying along for a great number of years. I will ask this
Commission the same as I asked the Zoning Board, let's bring this
thing to a conclusion. Let's find out if we are entitled to be treated
as Omni and Mr. Hallo and all these people or whether this little person
is going to be denied the same thing that has been granted to the big
people. Now if you'll just give me a vote one way or the other, then
we would decide this matter. If it's adverse, if due respect to you
we'll take it to the court and let us see about fairness of this
situation. If you pass it thank you we will avoid that trouble and
expense, but we cannot go longer with the tax situation, with the
condition of a gas fumes, the ruination of this property. We've got
to do something with it.
Mrs. Gordon:
Mr. Fosmoen :
Mrs. Gordon:
Well, Mr. Hendricks...
Mrs. Gordon?
Yes sir.
Mr. Fosmoen: In response to the gentleman we would be happy to work
with him and to treat him the same way that Omni and Plaza Venetia
has been treated. What he is asking for at this point is approximately
six times the intensity that Omni...
Mrs. Gordon: I know that. I know sir, you don't have to explain to
me I know that. I would say that this ought to be deferred to give
you an opportunity and the Department to get together and bring it
back to us in our next Zoning meeting.
Mayor Ferre: Mrs. Gordon moves that this item be deferred. Commissioner
Reboso seconds the motion. Further discussion on the deferral. Call
the roll.
Thereupon the foregoing motion introduced by Mrs. Gordon and
seconded by Mr. Reboso was passed and adopted by the following vote:
AYES: Mrs. Gordon, Mr. Reboso, and Rev. Gibson.
NOES: Mr. Plummer and Mayor Ferre.
ABSENT: None.
Mayor Ferre: Alright. The matter passes. It has been deferred and
we will see you at a future Commission meeting.
Mrs. Gordon: Next Zoning meeting.
Mayor Ferre: Zoning meeting.
Mr. Davis : You want this back, when Mrs. Gordon?
Mrs. Gordon: The next Zoning meeting,
25
191 IEFeRRAIL, OF APPEAL By NEIGHEMOD &ECS _ ZONING ' S MAW
OF VARIANCE - 801 VENCTIAN WAY'
Mayor Ferre: We now have item #l0 by neighborhood objectors, the
Zoning Board's Grant a Variance to permit construotLoh on 81 unit
apartment building at 801 Venetian Way with a 2S feet side yard,and
5 feet front yard and a 50 feet east aide ya'+d for the apartment
building and a 1.51 floor area ratio. The Applicant is Southeast
Distributors.
Mrs. Gordon: Which one are you on Maurice?
Mayor Ferre: Item 10 Rose. We got two items left, 10 and 14, This
is 10. Now, the Planning Department recommended a Denial. The Zoning
Board granted this item on a split vote 4 to 3. There were 12 objectors
by mail. Five(5) objectors were present at the Zoning meeting and
1 responsed in favor by mail. We are now on item #10. Are the
opponents here? Would you raise your hands, those of you that are
opponents.
Mr. Davis: The opponents were the ones who appealed this item
Mr. Mayor.
Mayor Ferre: Alright, does that mean then that they have the right
to speak first?
Mr. Davis: This is a matter of your ruling Mr. Mayor.
Mayor Ferre: Well Mr. Attorney you better help me rule.
Mr. Anderson: Yes that's the normal way the Appellants are the ones
that speak first.
Mayor Ferre: Do you want to say something?
Mr. La Casa: I'm representing the Developer 'and Mr. Mayor neither
the Architect nor the ....
Mayor Ferre: I can't hear you, what?
Mr. La Casa: Neither one, the Architect nor Developer are here,
they had to go out-of-town in an emergency situation. This is a highly
controversial and technical issue and I feel that we could defer this
item. It's the first time that it comes before this commission.
Mayor Ferre: Yes, but you should of said that you know, excuse me,
with all due respects to you, it's now 8:30. You should of told us
that an hour ago. Did you tell Mr. Davis?
Mr. La Casa: I told Mr. Davis this morning sir.
Mr. Davis: I advised the Applicant that he would have to... the only
way he'd get a deferral would be to ask this Commission.
Mayor Ferre: Is to do what?
Mr. Davis: To ask this Commission. We could not at this point say
that it would be withdrawn or a deferral ...
Mayor Ferre: I have no objection, but you've made all these people
wait until 8:30 before you make the motion and that's my only concern
just out of courtesy.
UNIDENTIFIED SPEAKER: .,, quite a while .,. here on several
occasions before and...
Mayor Ferre: Who are you?
UNIDENTIFIED SPEAKER; I'm representing one of the.,,
Mayor Ferre; Are you an attorney?
26
UNtbENTIrt Spit: Yes.
Mayor Perre: Gk. Well, you're asking for a deferral because your
Architect and your who?
Mr. La Casa: Our Developers ... so this is a highly technical
problem here what we are going to discuss. It's a varianee. It
was approved by the Zoning board that we presented it with certain
notifications and it will be a rather controversial issue so ...
Mayor Petre: I'll go along with....
Mrs. Gordon: Well, I'll tell you how I feel about it. I think we
ought to hear these people that are here. We don't necessarily have
to make the decision tonight, so we certainly ought to hear what they
have to say. They're here and they've waited since... I know they've
been here at least an hour and a half.
Mayor Ferre: I have no objections to that, except, here's the except
that I would hate for these people to spend a lot of time discussing
this and then have it not come to a conclusion, see. So I feel that
if we're going to hear this thing we ought to really come to a con-
e- clusion,and if we're not going to hear It, I'm sorry with the neighbors
but I think they want,whenever,they get up and talk and put their
presentation on,that it ought to come for a decision right then and
there.
Mrs. Gordon:
Mayor Ferre:
Mr. La Casa:
Who brought this to us? Did you or they?
They did.
We brought this and they ...
Mr. Davis: The opponents have brought this to the Commission Mrs. Gordon.
Mrs. Gordon: The opponents?
Mr. Davis: The opponents have brought this to the Commission.
Mrs. Gordon: Did they have to pay a fee to bring this to us?
Mr. Davis: No ma'am they were able to work under the other situation
where they got 10% of the signatures and appealed under that basis.
Mr. Reboso: I think Mr. Mayor we should hear them the same day...
Mrs. Gordon: We should because they're the Applicants on the appeal.
Mayor Ferre: Ok. Yes, but ok, but here's my point you haven't been
before this Commission four times. Alright, now this is the first time
you've been before us. Now if you want to be heard I will recognize
you, but I think you ought to consider this because if we don't come
to a decision tonight,what are you going to waste your time,you know,
bringing out all these things and then it means nothing; I think you
ought to discuss when you're ready. I have to bring it to a head.
Ok. I mean you're just going to waste your time...
Mrs. Gordon:
Mayor Ferre:
UNIDENTIFIED
Mayor Ferre;
don't mean to
that, that's
with you and
before on the
Mr. La Casa;
Mayor Ferre;
California, d
Counsel are you recommending a deferrment to them?
Yes ma'am.
SPEAKER: COMMENTS MADE OFF THE PUBLIC RECORD (BACKGROUND).
Well, I'm going to tell you Mr. La Casa, this is, and I
belittle you or to chastise you publicly or anything like
not my role, but I want to remind you that this has happened
this Commission once before. In fact :t happened twice
same issue.
Which one Mr. Mayor?
Well, the Architect was out of,., you had to go to
0 you remember?
•
Mr. La Cabe: This is the first title we come ...
Mayor terse: No sir, there teas an item that you brought before this
C6M11.00i6n previouf lye Oh one Otte§ion you had to go to California,
do you retail that?
Mr. La rasa: Yes sir.
Mayor Ferret And, there Was another occasion when the Architect and
the Developer were not available.
Mr. La Casa: t don't remember that.
Mayor Ferre: Well, I don't remember exactly, I'm not trying to you
know, create a problem for you, but I'ni just saying, I understand,
I think you're entitled to that. I'm not belaboring the point, but
I think it's important you know, that if we schedule this for the
first meeting in March you have the Architect and the Developer present
for that meeting.
Mrs. Gordon: The question Mr. Mayor is this, is it true Mr. La Casa
that at the Zoning Board hearings you were the only one that made the
presentation?
Mr. La Casa: No. If you go to the minutes you'll see that in the
Zoning Board meeting the Architect assumed a lot of time because the
problem is very technical. When we are discussing ,..
Mayor Ferre: Who is the Architect Mr. La Casa?
Mr. La Casa: Mike Gonzalez.
Mayor Ferre: Mike Gonzalez, was he present at the meeting?
Mr. La Casa: Oh yes, of course he was.
Mayor Ferre: And, he made a presentation?
Mr. La Casa: Of course he did.
Mayor Ferre: I see, ok.
Mr. La Casa: And also one of the Developers.
Mayor Ferre: Mr. Davis , there's no problem with that? I'm not
questioning what he's saying but ,..
Mr. Davis: they wish to defer or not. They can defer to any
date they wish.
Mayor Ferre: No, no...
Mr. Plummer: Hey, look we understand that and we're thinking about
the convenience of these people.
Mr. Davis: Of course sir, I can't answer to that.
Mr. Plummer: Look, here's the way it is, ok. We can hear you tonight
and make no decision and you don't have to come back unless you want,
but what are you going to feel like if you go and make your presentation
tonight at the next meeting we make a decision and we rule against it
you're going to feel,boy oh boy,we weren't there.,..
UNIDENTIFIED SPEAKER: Well, that's what happened already...
Mr, Plummer: Granted sweetheart you're fighting an uphill battle at
the lower level you lost. Ok? Now you're fighting en uphill battle
right now at the lower level you lost, ok? Now you're fighting an
uphill battle.
Mrs, Gordon; No they didn't lose.
Mr, Plummer; Yes they did,
28
arm* w ' O$1Q
Mr0 . Gordon: Oh, that t s right,
Mr. PlUMMert Yee they did. They're the Appellant.
Mayor Ferret 4 to S vbte, Rose,
Mr, Plummer: Yes. Can i recommehd to you? Man,I want to fight the
same flight the deoision IS made, You understand?
UNibENTIFtDD SPA ER: PACXGRCUnD COMMENTS.
Mr. Plummer: I'm in trouble.
Mayor Ferre: Well, I'm glad you do because you're one of the few
around here that do and...
Mr. Plummer: If the Mayor would believe the more he wouldn't be in
as much trouble.
UNIDENTIFIED SPEAKER: Mr. Mayor, I would instruct my client to
defer at this time, but I would state, and I'd like you know that
this is merely one misrepresentation. These neighbors have put up
with an awful lot. Mr. La Casa has come here before, not before this
body, but before the Zoning Board has made statements and has been
contradicted by the homeowners in the past. This evening we would
defer and wait for the Architects and whoever will appear.
Mayor Ferre: Alright counselor, thank you very much. There's a
motion.
Mr. Plummer: I'll make the motion to defer based on the fact that
these people because of the inconvenienced caused this evening be
number one on the agenda of March 16th, they be first so they can go
home and enjoy t.v. or. ..
Mr. Reboso: Seconded.
Mayor Ferre: Alright there's a motion and a second. Further discussion
on the deferral. BACKGROUND COMMENTS MADE OFF THE RECORD.
Rev. Gibson: Sir, let me, so that you may have some faith and believe
me too. Ok. The lawyer is saying to us that he cannot bring out,
bring out to us the technicalities involved in the building process
on that piece of land. I saw the land, ok? You wouldn't believe that
I saw the land. We have an obligation to give him a fair hearing
before us, ok? We have to be fair to you. Let the tell you as a
layman, ok? If we hear him one time and hear you at another time we
have to...
Mayor Ferre: Father, we've already been through all that.
Rev. Gibson: Agree. All I'm saying to you is you ... if I were you
I'd take this postponement and make every effort to be back here.
One thing I learned in American Government, eternal vigilance is the
price of liberty.
Mayor Ferre: Alright, there's a motion and a second. Call the roll
please.
A motion to defer this matter to March 16th Zoning meeting
was passed and adopted by a unanimous vote of the Commission.
Mr. Plummer: We'll see you at 7:00 on March l6th.
Mr, Davis; Not necessarily Mr. Plummer.
Mr. Grassier Mr. Mayor, can we talk about the timetable for this
next meeting because it's going to be a long one and 1 think Mr. Davis
has a reasonable suggestion for you. These people ought to hear it
before they leave if you want them to be number one on the agenda.
Mayor Ferre; Yes. Yes. Yes.
29
Mr. bavis: Mardh has got a lot of dontroverSial items on it aid
we're adding two or three of them from tonight Mr. Mayor. If it's
going to be an evening meeting starting at 7.it will go through
to ridhight, It might be a suggestion Mtn. Mayor.
Mayor Ferre: Alright , ladies and gentlemen, would you like to have
this heard during the day or in the evening?
Mr. Plummer: How about the afternoon at 4:00? 2:00?
Mr. Davis: It's a suggestion sir that you start your meeting at
2 or S:00.
Mr. Plummer: is there army objections if we start the meeting with
you at 2:00?
Mayor Ferre: Does anybody object to that? Anybody object to that?
Mr. Plummer: Sweetheart if they're not here this evening for an
evening meeting , you know, why worry about another evening?
Mr. Davis: I think sir we could schedule the 22nd Avenue at 6:00 and
perhaps get you through without a break if we were to start at 3:00
o'clock.
Mayor Ferre: Alright, now do you have objections to being heard at
2:00, counselor?
Mr. Plummer: 3:00 he said.
Mayor Ferre: 3:00 o'clock, Counselor?
UNIDENTIFIED SPEAKER: (Counselor) Mr. Mayor, I believe it would be
better if we have it at night. It's a small neighborhood. A couple
of people are away right now.
Mayor Ferre: Schedule it at 6:00 then and see if we can ...
Mr. Plummer: 6:00 o'clock.
Mayor Ferre: Alright, at 6:00 o'clock. Alright now we voted on this
or not: Have we voted?
Mr. 0ngie: Yes sir.
Mayor Ferre: Alright.
20 PROPOSED CHANGE OF ZONING AT 2I2I,2129,2I47, AND 2I5I
N.W. 23 STREET FROM R3 TO C5:
Mayor Ferre: Now we're on item #14. Thank you ladies and gentlemen for
your patience with the City. Alright, the Planning Department recommended
Denial. The Zoning Board recommended a Denial 6 to 1. Four (4) objections
by mail. Alright, who is the Petitioner?—TMXe La Casa is the Petitioner)
Mr. Davis: Sir, let me bring you up-to-date on this Mr. Mayor.
Mayor Ferre: You're not related by any chance to Bob Haverfield are
you? (SPEAKING OF MR.LA CASA, JOKINGLY),
Mr. Davis: Northwestern Meat Company, Mr. Mayor , to explain why this
item is back before you. This item was deferred at your meeting of
April 27th, afterwhich we received a letter from their attorney at that
time asking that it be withdrawn. Very recently the company got in
contact with me and asked why it had been withdrawn and I said I.had
a letter from an attorneystating that he wish it withdrawn. He said
that letter was written without authority.
Mayor Terre: Without what?
Mr, Davis: Authority. 39
Mayor Terre: Without authority.
Mr. Davis: I discussed this with our Law Department and they instructed
Me to put this back on your agenda at the earliest opportunity and here
it is.
Mayor Ferre: Well, flow wait a Minute I want to Make sure this is
understood properly. This it a first reading now, something that
was denied and they're appealing it,it that correct?
Mr. Davis: No sir. This is a first reading of an item which you
deferred twice before on February 23rd, and on April the 27th. The
first time it was deferred for a study from the Planning Department.
The second time it was deferred because the decision could not be
arrived at.
Mr. Plummer: Mr. La Casa have you ever heard three strikes?
Mayor Ferre: Well, he hasn't hit any strikes yet that I've seen.
Mr. Plummer: That's true.
Mayor Ferre: Alright, now has this been properly advertised and all
that?
Mr. Davis: Yes sir. It is properly before this Commission.
Mayor Ferre: How many opponents are here? Are there any opponents
present? Are any of you opponents? Alright, would you present your
case? You can all sit down please.
Mr. La Casa: Armando La Casa, 1408 Southeast Bayshore Drive, represent-
ing the Applicant, Northwestern Meat, Incorporated. The basic reason
I'm here today before this Commission is because of the nature of the
question before you. This is more of a community issue actually than
a zoning case, and here you have not only an attorney, not only a
businessman,and the owner of the property,but you have the two latin
chairmans of Allapattah and Little Havana... in an effort to retain
the jobs of a number of people that works in this particular plant and
in an effort to obtain more job opportunities by virtue of the expansion
of this plan. What we have before you tonight is a request for the
reclassification along 23rd Street is a piece of land that is at this
point of residential nature. 23rd Street is one of the main industrial
arteries of the Allapattah area. We already have on this side of the
street practically every single lot zoned commercial. This has brought
about ...
Mrs. Gordon: Which side of the street?
Mr. La Casa: I mean the side of the street that abbuts with the
railroad tracks.
Mrs. Gordon: The railroad ...
Mr. La Casa: Right.
Mr. Plummer: The south side.
Mr. La Casa: The south side. What we are discussing now is the
north side. On the north side we already have two lots or two pieces
of land. One zoned C-5 and the other one zoned C-4 so here we are not
encountering a problem of a spot zoning. We already have that type
of situation on the north side of the street.
Mrs. Gordon: Where?
Mr. La Casa: On the corner of, not exactly the corner, a little bit
down to the east of the corner of 23rd next to 27th Avenue.
Rev, Gibson: Point to it pease sir.....
Mr. La Casa; Could you explain this Dick, please?
31
7
Mrs. Gotdoh: Would you say four blocks away?
Mr. La Casa: Flow about that? The problem and the reason for
this request is basically in heed of the comps y that is applying
and that omens the lot ih question for ate expansion. This company,
Northwestern Meat employe at the present time 45 persons that live
in this partieuler area, The company at its present facilities
cannot ebhtihile oper-at hg unless it expands, The problem here,
therefore, ie one of economies. The City of Miami, we all know
have a difficult economic situation because of our recessionary
problems and the problems of the tourist industry. We are fighting
desperately to cotnpetit with our neighbors in Dade County to keep
the City at a decent level of employment. We have to do everything
we can to hake things easy for those that on account of the entre-
preneurship are providing this city with tax revenues and are
providing this City with employment for the people. Allapattah as
we all know, is one of the poorer areas of the City of Miami. We
don't have too many industries in this area, this is one of them.
Not only are we retaining this industry and not forcing the industry
out of the City of Miami boundaries, but we are also expanding the
industry and therefore bringing more job opportunities to the area.
Mayor Ferre: Mr. La Casa I would appreciate, let me just for the
record recognize the fact that Mr. Nunez is a very highly regarded
recognized businessman in this community who has a wonderful
reputation and a record and that he employs a lot of people and that
this is good for business, but that's not what's before us at this
point, so, and I know that Mr. Rogelio Barrios is here, the President
of the Latin Chamber; the former President, Don Luis Sabines; we have
Isidoro Rodriguez; we have Mr. Urra from the Community Development;
I see a lot of very distinguished citizens and just for the record
so we can save some time let's leave it, you know, that they're all
for this and I understand it. Now, why don't you speak to the issue?
Mr. La Casa: Ok. I think that I've been speaking to the issue
Mr. Mayor because what I'm trying to do here is to tell this commission
why we are trying to do this. This is not a situation of a latin
speculation.
Mayor Ferre: But you already said that.
Mr. La Casa: So we already said that.
Mayor Ferre: This is not a latin speculator, he's a serious business-
man who intends to expand his business and employ people.
Mr. La Casa: One of benefit for the City of Miami and this is what
zoning is all about.
Mayor Ferre: No it isn't. I don't mean to argue with you but it
isn't. That's not what zoning is all about. Now, we understand
everything that you've said and we accept that,and that's not what
zoning is all about. Now, speak to the issue.
Mr. La Casa: Ok. The nature of the neighborhood is basically
industrial. This is one of the very few areas in the City of Miami
that can be called that way. By virtue of the fact that Miami has
not distinguished itself in developing to many industries this north -
side of 23rd Street has a number of residential lots, still the
nature of the street has to come industrial on account of the heavy
traffic and the heavy industrial activities on the south side of the
street.There is also a precedent about this. We have, that on the
north side of the street, the one that we are trying to rezone there
is already a shop of the Housing and Urban Development Facilities,
that is a maintance shop.
Mayor Ferre: A shop?
Mr, La Casa: A shop, about half a block down the street from where
the lots in questions are. So this in one word is the presentation
that we are making. The reasoning, the fact that we are not bringing
about a change in the neighborhood and furthermore the example that
we don't have a single objector here, actually even the first one of
32
the Neighbors that otitis and live oh the property right across the
plant text to the lots that we ate trying to retohe ih a residential
house is here and its willing to testify on behalf of our project.
Mayor Ferre: 1 dot't think that's necessary at this point, but 1'd
like to aSk Mr. Davis and the Department did they...
Mrs. Gordon: What did you say was a half a block away? I'm sorry
1 missed what did you say?
Mr. La Casa: The Rousing and Urban Development Complet with a
Maintenance Shop down there.
Mayor Ferre: Alright, now I'd like to ask the Department's opinion
and then I want you to answer the a question. Rose, I recall about a
month or two ago that we had a similar situation on Biscayne Boulevard
around 54th Street and I want you to refer that if you would, where
absolutely the same situation was before us.
Mr. Reboso: Which one is that case Mr. Mayor?
Rev. Gibson: No, no, that was the piece,wasn't it?
Mr. Davis: The piece was the one that you were referring to, it was
off of 2nd Avenue.
Mayor Ferre: No, no, I'm not talking about piece in Wynwood. I'm
talking about the property on 54th Street right there where General
Tire...
Mr. Plummer: Food Fair.. Food Fair, ..
Mayor Ferre: And Food Fair, as a matter of fact we voted on it
tonight.
Mr. Davis: ... Biscayne Boulevard, 54th Street.
Mrs. Gordon: That was an entirely different situation Mr. Mayor.
Mr. Davis: I would agree Mr. Mayor that is quite a different situation
than what we have before us tonight.
Mrs. Gordon: Entirely different. It's different as day as from night.
Mr. Davis: There are comments at the meeting regarding that application
was the surrounding zoning entirely surrounded and that is not the
case here. We have a very uniform zoning line established at 23rd
Street. As we pointed out in our report dated March 15th which you
requested.
Mayor Ferre: Have you got that Food Fair map?
UNIDENTIFIED SPEAKER: No sir.
Mayor Ferre: We voted on it tonight.
Mr. Davis: No sir it was voted on...
Mr. Plummer: You're wrong. Second reading was tonight.
Mayor Ferre: Alright, I'll tell you why don't you let the department
explain what your decision is and I want you to put that map back
Mr. Whipple: Mr. Mayor, members of the Commission, not to just re-
hash the report that we had submitted to you but there is a as I
started to mention a considerable different. You have a zoning line that's
been uniformly established as the center line along Northwest 23rd
Street. As we pointed out the northside of 23rd Street contains
primarily all residential development, We cited 10 single family,
22 two-family units, and 138 multi family units on approximately
13 cites. Now it was alluded to earlier that there was commercial
development and there is commercial development but it is
33
Mrs. Gordon: It was zoned oomercial , it is zoned cote iflercial it's
a different story.
Mr. Whipple: That's right. The northwest 27th Avenue, the cot'itercial
uses in zoning occurs at the intersections of 27th Avenue, 22nd, and
17th, which ate only small portions and which only contain six
commercial uses. We recognize the... (I'm sorry did you want to
disouss this map)?
Mrs. Gordon: No. There's no comparable there, if the Mayor thinks
there is that's his privilege.
Mayor Ferre: No, no...
Mr. Whipple: As I indicated it's surrounded by other commercial
zoning.
Mayor Ferre: The difference is that this is all, this is surrounded
by commercial all over. It is on the railroad.
Mr.Whipple: Mr. Mayor, if I may, and if the Commission will,I have
approximately nine slides which I think very quickly detect the
character of 23rd Street, primarily the northside, now Commissioner
Plummer asked a question at the last meeting, well why is it this
way and that is a difficult answer, except we commented that it is
working, it does seem to be acceptable for those residents as the
land use indicates. The homes are well maintained. You have new
construction that you will see in the slides. You have recent
construction of 93 dwelling units since 1963 and that is all recent
and that is with the commercial development that exist on the south -
side of the street which is properly zoned C-5. Let me just turn the
projector on it. Now this is short trip down the ... try it again,
that is quick that's true. Just very quickly,we're at the westernly
end of 23rd Street, approximately 24th Court. We're looking in a
easterly direction. As you note on the right side or the C-5 side
we do have commercial development. On the left we have a very tree
lined area in this particular section and you can see the residential
development for yourself, approximately a block further east, I believe
at 23rd Avenue you see the same residential development and you can see
the yard area,if you will of the industrial area or industrial development
exist in this particular area. Again, this is just beyond 22nd Avenue
again,looking easterly you'll see an apartment structure which I would
guess it's been erected within the five or six years you can see a
truck on the right side or the C-5 side for one of the commercial
developments that exist there. This is a slide showing the subject
property, The subject property includes the two-story unit that you see
and the other properties to the left or to the west. We are standing
on the south side of the street looking north, the white building with
the orange type door is not included within this petition. Now one of
major concerns is the impact of this C-5 zoning and potential C-5 use
upon abutting residential. This is the residential development on
northwest 24th Street, immediately behind the subject property which
you're being asked to rezone to C-5.
UNIDENTIFIED SPEAKER: Is that R-2?
Mr. Whipple: That is R-2, yes sir. You can exclude the partial first
building but the next building and the next two buildings would both
be immediately in back of this C-5 zoning and C-5 use. This is north-
west 24th Street, south side immediately backing up to the proposed
C-5 zoning. Incidentially, you can see the improvements that have been
taking place in this residential area. We have square areas; we have
graft areas; we have new paving; we have street trees; this is just
part of the CD activities that have gone into the area and there are
more programs in schedule particularly along 23rd Street. Continuing
in an easterly direction again, 1 believe this is approximately 21st
Avenue, the Housing Development on the left is a HUD Development, HUD
Project, low income or medium income housing. Immediately across the
street unfortunately, this is the case. This is the commercial develop-
ment,
Mayor Terre: Across the street from where?
34
Mr. Whipple
Mayor Terre:
Rev. Gibson:
Mr. Whipple:
immediately across the street from the MUD Development.
I see.
Whatbui
lding is that?
I'm sorry I've forgotten the e nate JY , 1
Mr. Plummer: You know, Whipple you're a commentary and editorial
which you say is unfortunately across the street. My question has to
be who was there first?
Mr. Whipple: Well sir I'm not sure. I believe that...
Mr. Plummer: The businesses were there and HUD chose to move across
the street.
Mr. Whipple: Well, that's true that HUD is only one of the... they
have two projects on this street. The projects that I've shown you
that are residential...
Mr. Plummer: The unfortunate that you referred to, it is HUD's
choice to move across ...
Mr. Whipple: We indicated it's unfortunate in many instances it's
not compatible land use.
Mrs. Gordon:
irregular.
Mayor Ferre:
lights; where
It is zoned for residential. HUD didn't do something
Well, let's not get into that argument. What is this
are they?
Mr. Whipple: This is at approximately 19th Avenue. We're looking in
a westerly direction at this point and right, well, right behind this
light and off to the right is the school property. And, at a point
from 18th Avenue looking again easterly, here is a new apartment
development along with a fairly recent apartment development about
two blocks down that has developed along this northside of 23rd
Street, so we're suggesting that number one the residential that
has occurred and is even occurring primarily most of us that is
occurred in the last 10 to 12 years seems to be,is accepting the
commercial development as it exists but there is a lot of difference
between having a commercial development backing up to within 10 feet
and interrupting the immediate neighborhood pattern as opposed to
commercial development being across the street, being subject to set-
backs by.the industrial properties,being, having a spacious relation-
ship in the form of street, front yard, street trees, and this type
of amenities which still makes the area a viable residential use.
Commercial zoning as proposed to be a tremendous intrusion and in our
opinion have a very adverse impact upon the immediate residential
area and perhaps future areas of residential development that exist
there now.
Mayor Ferre:
Mr. La Casa:
which proves
if you allow
Ok. Let's hear from the... on rebuttal,
Mr. Mayor on rebuttal we will like to show our own slides
a more balanced type of situation than the one already shown
Mr. Frederick who is the Architect to show the slides.
Mayor Ferre: Sure. I want to remind you that as I said at the beginning
1 had to leave in two hours, I think, I've got to go to a concession.
Mr. Frederick: This won't last more than two hours.
Mayor Ferre; It won't last more than two hours, I'm not going to be
here for two hours sir. I'm going to be here for seven minutes.
Mr. Frederick: My name is Donald Frederick. I was the Architect for
the original project. The last presentation that I was here and I
saw the slides.I didn't feel that they showed a balanced view point
of the street at all. I feel it was impossible to •walk down and show
n
many slides and show one slide of the industrial Uses. All we did is
tt ok a walk on t?th Street over 'to+ i?th.
Mayor 'ex're: Go ahead and show the slides. You're entitled.
Mr. tredrick: Ok. I'm sorry for the sign work, but I think the
flavor of the neighborhood will be just as characteristic. I'm going
to go through them rather fast. The point I want to hake is yes there
are residential. uses. This is on the residential side. It is typical
of the neighborhood. We're starting at 27th Avenue and just walking
on down the street, the left side of the screen is the residential
neighborhood. The left side of the street is the commercial. The
right bide of the street is the residential. This is the fire station
that's just two blocks west of Northwestern Meats, and on the north
bide of the street. When the trucks come into the industrial area
and unload and load traffic stops, comes to a stand still. There's
no way to move residential traffic to the street at all. You can just
see Northwestern Meat, the green building, the two-story building, it's
not really two -stories, but it's of two-story height. This is part
of the property that's to be rezoned. This is the front entrance of
Northwestern Meats. This is the apartment house directly across the
street from Northwestern Meats. That's the main entrance at 21st
Avenue . This is one block east of the property. This is the HUD
maintenance building which is the corner directly across, diagonally
across from Northwestern Meats. It's the largest single portion of
HUD that abuts the property and it's more of commercial industrial
use than a residential use. This is the parking lot diagonally across
the street from Northwestern Meats part of the HUD complex. This is
HUD looking across the street from the commercial side. This is from
the HUD looking back across the street into the commercial. This is the
entrance. By the way, it's not really the entrance, this is apart of
the HUD Project that faces Northwestern Meats is the part that's really
their back. The front is through the entrances of this kind. So the
people that live in HUD don't face the street and aren't really that
affected by the impact of either, the traffic or the view, only the
back doors of these particular units; that's across the street from
HUD. We're coming down to the eastern end of the street down.
Mayor Ferre: I'm leaving in one minute.
Mr. Frederick: It's only one more slide. I wanted to make one more
statement and that was the impact on the street just north of the
project. There is no impact these buildings don't produce obnoxious
odors; they don't produce noise; there is no pollution of any kind;
they're like great big refrigerators; they don't process meat; they
merely store it; the backyard is no more obnoxious than a high blank
wall for that's all it'll be a high blank wall; all of the interference
and the interface will be on the south side of the development and
that is 'only the trucks coming in and out servicing the buildings,
exactly the way they service the street now there wouldn't be any
difference. Thank you very much.
Mr. La Casa: Mr. Mayor to finalize one last thing.'One of the basic
reasons why we do need this change of zoning to keep this industry
there is the use of the railroad track which unfortunately cannot be
moved as well. Thank you.
Mayor Ferre: Alright. I'll tell you if somebody is going to make
a motion I'm willing...
Mrs, Gordon: I make a motion to uphold the Zoning Board.
Mayor Ferre: There's a motion to uphold the Zoning Board. Is there
a second? Are you going to second it or not?
Mr. Plummer: Z can't second the motion Mr, Mayor. I just... you know,
I made my statement before I'll do anything in God's green earth in
this world to keep that business in Miami, but Imo, Mayor, the point of
it is I will never truthfully vote for spot zoning, never. Now, you
want to open that thing up, I think this man has made a good point,
I said it before. I'll say it again, that is in my estimation absolutely
rs.d3.culous to try and put residential across the street, but I will
not vote for spot zoning, Now if you want to open it up I'll go along
36
With that, but 1 cannot go along with spot Zoning, t'n sorry.
Mayor 'err e : How & re you going to open it up?
Mr. PlumMtrt bo a block or two or three that's how you do it.
Mayor Ferre: YoU can't do that without having a public hearing and
telling all the people all that.
Mr, glummer: I understand that. 1 understand that.
Mayor Ferre: Well, I've got to leave, so you make up whatever
decision you want to make. We have a motion that hasn't gotten a
second and I'm going to ask one more time. Is there a second to
the motion that Mrs. Gordon just made? Hearing none it dies for
lack of a second. Now, I'm open for another motion.
Mr. Reboso: Mr. Mayor, 23rd is a commercial street. I agree with
J.L. but I think we can open this if we permit these people to go
ahead and increase and expand the business. They can't stay there.
They are going to move to the Palmetto if that doesn't happen. So
I move it for approval.
Mayor Ferre: There is a motion. Is there a second to the motion?
Rev. Gibson: I don't want to see the man go.
Mayor Ferre: Is there a second to the motion?
Rev. Gibson: I'll second it.
Mayor Ferre: There is a second to the motion. Further discussion.
Call the roll.
Mr. Ongie: It's an ordinance Mr. City Attorney.
Mrs. Gordon: Did you ask for discussion Mr. Mayor? Ok. I'm going
to say it this is probably the worst application since the many years
that I have sat on this Board, that I had seen the possibility of
passing, and intrusion of a C-5 into a residential zone in the center
of a block where there is no other C-5 anywhere on that block or in
the neighboring block is to me beyond any words that I can find to
express.
Mayor Ferre: Call the question.
ON ROLL CALL:
Mr. Plummer: Same reasons that I stated before I would not vote for
spot zoning. I cannot vote for this. No.
Mayor Ferre: I vote es. I've walked that neighborhood up and down
on one side and down t e other street and that area is completely
industrial and I further would make a motion after this has passed.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
LOTS 17, 18, 19 AND 20, BLOCK 2, ALLAPATTAH HIGH-
LANDS ADD (15.80), BEING 2121, 2129, 2147 AND
APPROXIMATELY 2151 N.W. 23RD STREET, FROM R-3 (LOW
DENSITY MULTIPLE) TO C-5 (LIBERAL COMMERCIAL); AND
BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO,
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVER.ABILITY PROVISION.
W.s introduced by Commissioner Reboso and seconded by Commissioner
Gibson, and passed on its first reading by title by the following
vote;
3
AYES: fit. leboso, Rev. abaft, and M yot erre
NOES: Mrs. Cordon, and Mr. Plummer.
ASSENT: Mons.
ASSTAIHINt: None.
The City Attorney read the ordinance into the public record and announced
that espies Vera available to the tembera of the City Cotiiasion and to the public.
VICINITY OF.NSTRUCT 210OGI LOCK NiwN 15 STREETDFORGENERAL
'OSSIBLEAREA
INDUSTRIAL
ZONING RECLASSIFICATION.
Mayor ferret I pass the gavel and make a motion that the Department restudy
that whOlt area because in City opinion...
Mrs. Cordons We already did that Maurice.
Mayor Terre:..it strongly fits an industrial category. We need along the railroad
corridors industrial or all that's going to go out to the Palmetto Expressway.
Mr. Fluttmer: I agree.
Mrs. Gordon: Is this a first reading or a second reading? Which is it?
Mr. Davis: First reading ma'am, it'll come up for a second.
Mrs. Gordon: It'll come back again then.
Mayor Ferre: Yes,oh yes.
Mr. Reboso: We have a motion on the floor.
Mayor Ferre: Yes. I have a motion that the whole area be restudied for industrial
zoning.
Rev. Gibson: Seconded.
Mr. Reboso: A motion and a second, will you please call the question?
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 78-155
A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST
THE PLANNING DEPARTMENT TO RESTUDY THE GENERAL
AREA IN THE VICINITY OF THE 2100 BLOCK OF N.W.
23rd STREET FOR POSSIBLE INDUSTRIAL ZONING
RECLASSIFICATION.
Upon being seconded by Commissioner Gibson , the motion was passed
and adopted by the following vote:
AYES: Mayor Perre, Rev. Gibson, Mr. Plummer, and Vice Mayor Reboso.
NOES: Mrs. Gordon
ABSENT: None.
ADJOURNMENT:
Theke being no Phan bu6 Lneaa to come beion.e the City Cams 4 on, on
motion duly made and seconded, the meeting too adjowtned at 9:05 P.M.
MAURICE A. FERRE
Mayo.
ATTEST: RALPH G. ONGIE
City Cluck
MATTY HIRAI
4644tant City CUenk
38
fro $479
CITY OF M!AI
DOCUMENT
INDE
MEETING DAM
February 23, 1978
ITEM NO
DOCUMENT IDENTIFICATION
COMMISSION
RETRIEVAL
ACTION CODE NO. ...
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IF
COMMISSION AGENDA AND CITY CLERK REPORT
CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THAT PORTION OF N.E. 52ND STREET BOUNDED
BY THE WEST RIGHT-OF-WAY LINE OF N.E. 2ND AVENUE.
CHANGING THE DESIGNATION OF S.W. 27TH TERRACE "A'' TO
S .W. 27TH WAY BETWEEN S .W. 22ND AND 23RD AVENUE AND
BETWEEN S.W. 31ST AVENUE AND 31ST COURT.
CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF TEE ALLEY LYING BETWEEN N.W. 9TH AND 10TH
AVENUE AND BETWEEN N.W. 15TH AND 17TH STREETS.
CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THE EAST -WEST ALLEY LYING BETWEEN N.E.
2ND COURT AND BISCAYNE BOULEVARD.
CLOSING, VACATING, ABANDONING AND DISCONTINUING THE
PUBLIC USE OF THE SOUTHERLY 30.92' OF THE ALLEY LYING
IN THE BLOCK BOUNDED BY BISCAYNE BOULEVARD, N.E. 4TH
AVENUE, N.E. 17TH TERRACE AND N.E. 18TH STREET.
GRANTING THE CONDITIONAL USE AS LISTED IN ORDINANCE
NO. 8671, ARTICLE VIII, SECTION 1(11)(c), TO PERMIT
MEDICAL OR DENTAL OFFICES ON LOTS 7 AND 8, BLOCK 1;
HYDE PARK (11-60), BEING 4370-72 WEST FLAGLER STREET,
AS PER PLANS ON FILE, IN CONJUNCTION WITH VARIANCE
APPLICATION.
GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE
VIII, SECTION 2(2)(a) AND ARTICLE XXIII, SECTION 2(2)
TO PERMIT MEDICAL OR DENTAL OFFICES ON LOTS 7 AND 8
BLOCK 1, HYDE PARK; AS PER PLANS ON FILE.
GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE
VI, SECTION 2(3), 3(3)(a), TO PERMIT CONSTRUCTION OF
A TWO STORY DUPLEX ON LOT 13, CARA VILLA, AS PER PLANS
ON FILE.
AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING
ORDINANCE FOR TEE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 11,12,13,14,15,16.17, AND 18
IFS THE SOUTH 149.9 THEREOF.
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