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Home My WebLink AboutCC 1978-03-16 MinutesCITY OF MIAMI INCORP °RATED 18 96 IOM MISSION OF MEETING HELD ON •• March 16, 1978 Planning and Znni4g Meeting PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL • RALPH GI ONGIE CITY CLERK frit• E no, • so elf INO, N �F SPECIAL h ! NG 1Y ISslON OF Wm!, FLOR1DA SUBJECT 1, PERSONAL APPEARANCE: KAISER TRANSIT GROUP = POSSIBLE RAPID TRANSIT STATIONS LOCATION ALTERNATIVES, 2, CONSIDERATION OF REVISION TO RESOLUTION 75-62 PARKING AREA LOCATED AT 1570 N.W. 26 AVENUE. 3. SECOND READING ORDINANCE: CHANGE n: ZONING CLASSIFICA- TION AT 135-151 N.E. 51 ST. FROM k-1 TO R-4; AND 76 AND 77 N.E. 52 TERR. FROM R-2 TO R-4 "DOUGLAS GARDENS HOUSING." 4. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFI- CATION AT 1550 N.W. 10 AVENUE FROM R-3 TO RC. 5. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFI- CATION AT 3353-3389 AND 3400-3444 FRANKLIN AVENUE FROM R-2 TO R-1. SECOND READING ORDINANCE: AMEND ORDINANCE 6871, ARTICLE II AND X - PROVIDE DEFINITION FOR HOUSING FOR THE ELDERLY. 7. DISCUSSION AND DEFERRAL OF CHANGE OF ZONING CLASSIFI- CATION AT 2121, 2129, 2147, 2151 N.W. 23 ST. FROM R-3 TO C-5. 8. DEFERRAL OF CONSIDERATION TO CHANGE ZONING CLASSIFI- CATION AT 1720 N.E. BAYSHORE DRIVE FROM C-1 TO C-3. 9. DEFERRAL OF CONSIDERATION TO GRANT CONDITIONAL USE - RESIDENTIAL DEVELOPMENT OF PUN AT INTERSECTION OF SO. MIAMI AVE., SO. DIXIE HIGHWAY & BRICKELL AVE. DISCUSSION AND DEFERRAL OF CONSIDERATION TO GRANT PAD LOCATED AT APPROXIMATELY 2450 BRICKELL AVENUE. DEFERRAL OF CONSIDERATION TO CHANCE ZONING CLASSIFI- CATION AT 2526 S.W. 6 ST. FROM R-1 TO R-4. 12, OVERRULE DECISION OF ZONING BOARD AND PLANNING DEPARTMEN' BY GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF A SINGLI FAMILY RESIDENCE AT N.W. CORNER S.W. 17 TERR. AND 14 AVENUE. 13. GRANT CONTINUED WAIVER OF DEVELOPMENT OF 61 OF 309 OFF- STREET PARKING SPACES LOCATED AT 600 N.W. 10 STREET. (FIVE YEAR REVIEW), 14. GRANT ONE YEAR EXTENSION OF VARIANCE: TWO-STORY DUPLEX LOCATED AT 126-128 N.E. 76 STREET. 15. GRANT ONE YEAR EXTENSION OF VARIANCE: WAIVIGN 3 OF 5 OFF-STREET PARKING SPACES LOCATED AT 3801 N.E. 1ST AVENUE. 16, DEFERRAL OF ACCEPTANCE OF PLAT- "MARANTHA." 17. PUBLIC HEARING AND APPEAL BY NEIGHBORHOOD OBJECTORS AND GRANT VARIANCE FOR CONSTRUCTION OF 81-UNIT APARTMENT BLDG, AT 801 VENETIAN WAY, 18. DEFERRAL (BY COURT ORDER) OF CONSIDERATION OF CHANGE OF ZONING CLASSIFICATION FROM R-1 TO RCA LOCATED AT 2100 SO, DIXIE HIGHWAY, ORDINANCE O RESOLUTION NO, PAGE NO DISCUSSION 78-179 Ord. 8774 ord. 8775 Ord. 8776 Ord, 8777 I- 78-180 Deferral Deferral Deferral Deferral R- 78-181 R- 78-182 R- 78-183 R- 78-184 Deferral R- 78-185 Werra/ 15 16 17 18 19 19-39 39 40 - 42 42-59 59 - 60 61 - 62 62 - 63 63 64 64 - 65 66-81 82 MOP 1 PI 78 19, 20, 1. s lac Am or SPECIAL 1146 CI IY cuiruSSIM OF MI II FLORIDA SINECT FURTHER DISCUSSION 01: MARANTRA PLAT, DEFERRAL OP CONSIDERATION TO CHANGE ZONING OF PRoPERTTES FRONTING ON THE EAST sin S.W. 22 AVENUE / SECOME sT, / 28 STREET AS MORE FULLY DESCRIED IN ITEM No. 19 OF TODAY'S AGENDA, ?MIT SALE OF BEER (IP LEGALL1 possint) ON GROUNDS OF MARINE STADIUM, ORDINANCL RESOLUTION O. PAGE NO, 1)18018810N beferral 4- 78-186 82-84 184 - 86 87 - 88 MINUTES of REGULAR MEETING oP THE CITY COMMISSION OF MIAMI, noRIDA i4 s * s'e * !'e * * On the 16th day of Match , 1:? / O , the City Co mmitsion of Miami, Florida, net at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, t"lorida in regular session. The meeting was called to order at 2:40 P.M., by Mayor rerre with the following members of the Commission found to be present: Commissioner J.L. Plummer, Jr. Commissioner (Rev.) Theodore R. Gibson Mayor Ma.: --ice A. Ferre ABSENT: Commissioner Rose Gordon Vice Mayor Manolo Reboso ALSO PRESENT WERE: 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. PERSONAL APPEARN44 : KAISER TRANSIT GROUP - POSSIBLE RAPID TRANSIT STATIONS LOCATION ALTERNATIVES. Mayor Ferre: Before we begin our deliberations today I'd like to tell Mr. Plummer that I've traveled 3,000 miles today to be here on time so that he wouldn't have to question the Clerk. Mr. Plummer: If it had only been 1,500 miles I wouldn't have to put up with it would I? Mayor Ferre: Now, we have all these previous minutes that have been piling up on us because of Rose Gordon's insistence:and I've kind of put up with it because I don't want to create a big hassle over nothing. Mr. Plummer: The only reason he's saying that is she ain't here. Mayor Ferre: What? Mr. Plummer: You're taking advantage of Rose being absent. Mayor Ferre: No, I'll tell her ... I'll tell her to her face as I always do, in fact, I enjoy that more than when she's not here. But Mr. Clerk, again how many meetings are we behind now? Mr. Ongie: Actually only one meeting. We have the 9th ready to be sent to the Commission and the 23rd is in it's final stages of proof- reading. Mayor Ferre: I see. So we'll do that next Thursdayjthen. Mr. Ongie: Only the last meeting, right. Mayor Ferre; This is a Planning and Zoning Agenda. The first thing under discussion, 2 ; 30 agenda is the Kaiser Transit Group. l might point out that Mrs. Gordon evidently is going to be late and Commissioner Reboso said he wouldn't be here until almost 3:00 o'clock, so I think we better get going, if it's alright with you. 1 78 Ms. Wacher: Good afternoons needless to say I afn very happy or we are very happy to be back here today, Kaiser's presentation today Marks the continuation of stage I of the Rapid Transit Program, particularly the proposed station locations. At this tit,' we are not requesting your formal recommendation, but rather we are here to explain to you the value of station alternatives that will be discussed in your community over the next several months. As you recall, input into the entire decisic;.making process and fixing locations of stations comes from several sources. Prom the Citizens Committee recommendation, from the Policy Council Review which is attended by Father Gibson, from the City Commission Resolution to the County Comnission,from Kaiser Transit Group and finally from the Office of Transportation Administration. The following consideration of all of these sources the Board of County Commissioners will make the decision. Again, I stress to you the importance of input from the City Commission into this entire process. Mr. Plummer: Is it true that Ernie Fannatto is becoming the Project Director? Ms, Wacher: Absolutely. Absolutely he just told me so. .... Today, we will review three station locations and their possible alternatives for the City of Miami. First, if you'll refer to your map, the Culmer Station which is at N.W. 7th Avenue and llth Street, the station known as Santa Clara which is located in the area of N.W. 12th Avenue and 20th Street,and Allapattah located &r the area of N.W. 12th Avenue and 36th Street. The public involvement process will commence in early April. A citizen's committPz will begin to discuss the various alternatives involved. P,final public hearing will be held before the Board of County Commissioners in about three f months, but before then we will come back to your commission in about mid May to review the station alternatives sites at that time and at that time to request your resolution of recommendation to the County Commissioners. Are there any questions on that procedure? Ok. Mayor Ferre: Excuse me. I think that what we did is we actually voted as I recall to approve about four of them that were controversial. Ms. Wacher: Yes. Mayor Ferre:...one of them was on 27tn, the other one was at Viscaya, that choice there, and , then there was one over by the Civic Center. Ms. Wacher:..at Douglas Road,and,the Civic Center,exactly. Now we're going into another grouping which is more in the downtown area station from N.W. 7th Avenue and llth Street to N.W. 12th Avenue and 36th Street the three stations, that process will take as the others did about three months before it goes to the County Commission again we will be back to ask for your resolution. In the meantime, the citizens will be reviewing it and your Planning Department who is participating with us will be reviewing it also and everybody will have the recommendation. So now to give the technical presentation, I have brought with me Michael Lambert from Kaiser Transit. Mr. Lambert: Thank you Ellen. As Ellen stated today we're going to be talking about three stations. The Culmer Station is a station located immediately west of Culmer Center, Culmer Area along llth Street and 7th Avenue. The map of the route system there in yellow indicates the basic area we're talking about. The first graphic under that is the Culmer Station site that is being presented to the citizens. As you know, it's our policy to take citizens a number of viable alternatives. In point of fact though in the case of the Culmer Station because of engineering requirements for the guideway itself, Mayor Ferre: Turn that around, please, excuse us, so that everybody can get a chance to see it. Mr. Lambert: Ok. Basically today the one site that we are showing you is the only site that's feasible, simply because the platform itself must be located ona section of tract. It's absolutely flat and straight and this is the only tract section,.. 2 "'!r 4 197 IOU Mayo% tete: Could we see that second page? Mt La ibert t Right. Mayor Ferre: Ok. Mr, Lafttbert: This is the only 4-i^act section between Ii3S anti the east/ west expressway which meets those cvitc±ia . So, the site We're talking about is essentially dictated by the guideway location. Mayor Ferret Where is this so I Can get oriented? What street is that down? Mr. Latttbert : llth Street. Mayor Ferre: The bottom of the yellow. Mr, Lambert: Below there. Here .,. llth Street. Mayor Ferre: That's llth Street? Mr, Lambert: Right. Mayor Ferre: Where is the school? Mr. Lambert: Immediately south. Immediately of the station site on 7th Avenue, right in there, to your left a little bit farther back no, no, wrong way. • Mayor Ferre: Yes. Where is the railroad track? Mr. Lambert: Ok. The railroad track is indicated on there of the... it comes down seaboard line, comes in there. We will not be displacing that line although we will be very close ... Mayor Ferre: Is that the Seaboard or is that the FEC? Mr. Lambert: At that point I believe it is the Seaboard. The FEC comes in I believe a b5.t farther to the east. They do parallel each other. Mr. Plummer: Are they taking the City Phv_s.ician'c office? Mr. Lambert: I believe we're in the right-of-way of the street through- out that area and avoiding any displacements with this alignment. Mr. Plummer: 7th Ave. and llth St. N.W. Maurice, if you come right straight down there's a school... Rev. Gibson: A school on your left. go this way one or two blocks over and the HUD Project is this way. Mr. Lambert: No, I believe there are only residences on the... I shouldn't say only, but there are strictly residences on the site , approximately 12. There would not be any at -grade parking or parking provided on this site. It would be strictly for buses and for drop- off people and kiss and ride facilities. Again, this is the only alternative which we are able to generate because of the engineering of the system. The next alternative is all the way up at N,W. 20th. As you remember there is a station in between the Culmer site and the N.W. .Oth site Santa Clara in the civic center. Mayor Ferre: Where is Santa Clara School? Do you have a Santa Clara School in relation to that? Mr. Lambert; I don't believe it's on this, This is at,exactly at the intersection at 20th Street and 12th Avenue. Mayor Ferre: Where is Frank Martin's .,. Mr. Plummer: Directly across the street from the Incinerator, 3 R 4 197 Mt. Lambert: We're directly from the incinerator and the new fire station and catercornered from the Sanitation facility and immediately =:'s =.'. of the produce District. Here again, we do only have one alter= native now. There were previously a couple of alternatives identified but due to cost the one you see is the only one that is viable within budget, It does not displace any of produce district uses, although it does displace Wendy's Hamburger and an additional structure of cotiercial Use, That is with a medium station. This station in order Words is in the middle of the street...the... Mayor Ferre: How far away from here to the baseball stadium? Mr. Lambert: It's approximately four blocks, north and east, Rev. Gibson: Now you tell the that Wendy's Hamburger Place would be ... didn't they just build that? Mr. Lambert: Yes sir. Rev. Gibson: You didn't tell them when they were building? Mr. Lambert: We didn't know. Mr. Plummer: They'll make more money off of that than they will hamburgers. Rev. Gibson: Good God man. Mr. Lambert: Until our position occurs it would not be legal to restrict anyone to use this property anyway sir. Rev. Gibson: Well... Mr. Plummer: Let me ask the obvious... Rev. Gibson: Wait a minute... but why didn't somebody indicate to those people that... man... Mr. Lambert: That building has been there almost a year sir in the Civic Center alignment study. The construction started almost a year ago and the Civic Center study didn't locate this alignment until in the month of Septemberso... Mr. Plummer: They thought the election would lose. Let me ask an obvious question, you go one block north, you take over a vacant tract of land. Mr. Lambert: As we go north we approach the Spur Railroad Tracks. What happens is the alignment of the Transit System has to elevate an additional 7ft. to do that. That requires the station to be... well it couldn't be done simply because the station must be on a flat, a level piece of track. As it happens the only place that could be viable for a station location in this area other than whether it is would be approximately 23rd Street. Tt would have to move north almost three full blocks. Mr, Plummer: Where? 1.'' 1 w. .a':I, t 11 i . Wh'+r''' will the people at Jackson Hospit.a1 fl'•t. o1, Mr. L alT.l.er't j'j!� 1�''r'1i 1 t 1I t.l 'I..:.+11 {{..::1, 1 i .11 ll.a\'t' 16th and 1',tt1 ':tr•r•1•1 1•I}'•111 itl 111 IIi.l.11' . Mayor Ferr,1 : i1''''/'' .a : tation at N.W. Mr. r .'lr..'ir: 'II', 100 1 17t•!! 1:'J1•,+ 1 t v.'ti L,++1 ++114' .11 1 t'111 ;.1 r eet why are j'c'.. 1✓':t' in;i• 'iri=' Th'i.+.'•. It.+1 111.1! m.i11\' poorly 111 there. Rev. ._ .t �,r,: {' i ;•t1 , Mr. Ldill:.'.r f:C-1•Vr i„ 1nir'r'''ppt .auto traffic that oc, c,r;l1 1 h ' _'Ic: 1 fill r:+' 1 lt.11 1+c=+'1' lr would not 110 going into the ';i'i, ''tile!• 1,. 1.1Po lho nyr:lrm. 'llu' ('ivio Cvnior station i n is MAR 1 i i • intended to be a destination station to serve the Civic Center itself, Those wishing to go this Transit System from the area would be able to Lec to it Most easily through this station, Mayor Ferre: Look, let me ask you this, This is oh 20th. The next &ne in Allapattah is Where? Mr, Lambert: N.W, 36th, (NOTE: Mrs. Gordoh entered meeting at 2:55 P.M,) Mayor Ferre: So you got 16 streets,which is a mile and a half, The Ohe further down is on 12th did you say? Mr. Plummer: 16th, four blocks. Mr. Lambert: It's only about... Mayor Ferre: Well, now let me ask you between 16 and 36,if I can ride,the middle will be 26, this isn't 20th, if you went up to 23rd wouldn't you be better off, wouldn't that be more. in the middle or what? Mr. Lambert: The major movement of traffic that would possibly access the Civic Center Station will be on 20th. People coming down 12th will have immediate access to the Allapattah Station at 36th. Mayor Ferre: It just seems to me I guess, we've looked at that, have we Dick? You agree with that? Four blocks: Mr. Fosmoen:It's difficult to say that the functions of the stations are different. The Civic Center Station is a destination and this is a parking, really a parking facility to provide people access to the transit system who come by car,by bus. There is no parking provided the Civic Center Station. Mr. Lambert: One other link that's been identified as this station being able to provide is to the garment district farther east on 20th that a bus connection to the garment district would be possible and if you're aware I'm sure that a large number of the employees for that district comes from the Hialeah area which will be directly accessed by the Rapid System. (NOTE: Mr. Reboso entered meeting at 2:57 P.M.) Mr. Fosmoen: Mike, isn't 20th Street a major bus corridor? Mr. Lambert: It is. We anticipated up to six bus bays which is a large number, bus bays. Rev. Gibson: Let me ask a couple questions. I'll either ask it here or at it at that meeting. You speak of the garment industry. There is the baseball stadium, and I just wonder... Mr. Plummer: A great deal of senior citizens housing units up on 28th Street. Rev. Gibson: Right, you know. Mr. Lambert: Well, the majority of the elderly housing that I'm aware of is over just west of 17th Avenue and they would be able to access the station by bus. In fact, the likelihood of them walking from 12th to 17th... Rev. Gibson: West of 17th Avenue? Mr, Lambert , , . there is, .. , at the... Rev. Gibson; Claude Pepper, you know Claude Tower is on where is that 19th, 17th Street and between 7th and 8th nearby the Civic Center, you know? Mr. Lambert: Yes, MAR 1C 19 1 Rev. Gibson: Don't tell me all the Senior Centerss you know... ".:r. a beet: Nos 1 didn't say all. necessary... If I did say that t apologize that's not what I meant. Rev. Gibson: Ok. Mr, Lambert: But there is elderly housing provided in the area. But a lot of it is beyond easy walking distance and they Would have to cote by buss no matter where we move the station up and down 12th. Rev, Gibson: It would appear to me that 2.)rd would be undesirable. Mr, Lambert: Well, the initial preliminary engineering study showed the station at about 27th Avenue, but that was when we were talking about an alignment that went up 17th Avenue. There is a commercial center there. Rev, Gibson: I didn't say that. 23rd instead of 20th. Mr. Lambert: Ok 23rd again, we would be three blocks north of the east/west arterial and we, in analyzing the sites these sites had the fewest displacements and appeared to have the best service to the area by auto as well as walk. Are there any other questions on this site? Ok. The final site that we will be showing you today is the Allapattah Station Site located in the proximity of I.W. 36th Street on 12th Avenue. As you are aware the guideway will be located on the east base of 12th Avenue. 36th Street being a commercial corridor and having a large volume of traffic in buses is felt to be an important access point to the system. There are plans for as many as three alternatives this site. Rev. Gibson: Plans for as many as three? Mr. Lambert: We have three alternatives. The first as Mr.Trudnak has outlined now is located as far south as 31st Street. It proceeds east approximately two blocks. This would provide the required parking but frankly it's not felt to be as viable as the second alternative located next to 36th Street on 12th Avenue. In conjunction with the second alternative,we have in addition an alternative for three various configurations north of 12th - 36th Street for buses only. We estimate that there would be a requirement for as many as 10 bus bays and that in rush hour there would be as many as 107 buses coming to this station within one hour. Mayor Ferre: How many? Mr. Lambert: 107 in one hour. It is an extremely important station. It provides a link to the beach and to the system,in addition it provides a linkage between the I-95 bus way and the Rapid Transit System. Buses could access this site from I-95 either by coming west on the airport expressway and down 12th Avenue or by coming off of the airport expressway and across 36th Street. So we will have we feel a very large number of buses accessing this station and will provide important function in the area. Rev. Gibson: What about the housing? Mr. Lambert: It's estimated that, well, of the alternatives residential displacements for the first alternative number 47 residences. Rev. Gibson: Alright. Mr. Lambert: For the second alternative, not including the bus area we estimate 45 residences and the various alternatives for the bus area have a maximum displacement of 11 residences, The final alternative in the area is located also down on N.W. 31st Street and it displaces approximately 36 rye yidenCes,We recognize that there are a large number of residentia; displacement:; ,but a ,ain,we're in an area of relatively small lots and we have a very 1arge demand for parking in this area, a total of 1,455 parking $Poewl area pro)ecteo to the necessary by the year 2000. 6 MAR 1::1978 • iher the system begins we project it providing 480 spaces on initial startaup.Thete is an excellent possibility that we will be able to proVide a direct access from the bus area into the station platfort for people using the bus to be able to get a direct transfer onto the rapid system without having to go through any fare collection devices or through any of the toll areas within the Station. That essentially concludes the alternatives. Are there any questions? Rev. Gibson: What is the reaotiot of the people who live out there? Mr. Lambert: We'll be finding that out within the heat month sir. We're going to be going out to the neighborhood area and I' i sure that we'll have a lot of participation. It's a very active area. Rev. Gibson: I see. Ok. Mayor Ferre: I just wanted... are you through with this portion now? Ms. Wacher: Yes. ?Mayor Ferre: What, is there something else thy.; vou... 7 Ms. Wacher: No, just to recap that.Once it goes out to the citizenry begin- ning in the next couple of weeks then again we will come back to you In other words, we want continuous input from you on your ideas, not only through the City Planning Department, but then finally through resolution of the City Commission as all the data becomes available. Mayor Ferre: Alright, I sure you know Pat Keller and you know Mr. Uria and the others in the Allapattah area, it's important that we get citizen participation in all those meetings. I wanted to mention one thing to you before you leave. I wanted to mention one thing to you just so you can pass on. As you know we hope to get going with our Convention Conference Center. You also know that the people Mover eventually will have a stop somewhere in Dupont Plaza. It occurred to me just looking at it and I mentioned it Merrett Stierheim and Merrett said that he would get me a memorandum on it. I have not received it and I just wanted to tell you what it was. There is a station on Brickell Avenue fairly far north off of Brickell Avenue near the river. Ms. Wacher: A DPM station or Rapid Transit? Mayor Ferre: No, this is:, I'm talking about Rapid Transit. be specific I guess it'd be around loth Street. Ms. Wacher: loth Street, right. Mayor Ferre: Now, beyond that you cross the river and the next station is in the Government Center itself.* I know that we don't have enough money to build more stations, but I feel very strongly and I just want to put this on the record and let you know that I think that we ought have a station or a provision for a station right there on the north bank of the Miami River, because that is going to be an immediate access to the development of that area whether it goes private or public, including the Convention Center and it's a reasonable walk to the Convention Center, whereas if you go to the Government Center that's an unreasonable walk. *(Ms. Wacher: I believe so.) The station to Ms. Wacher: Even with the existence of the DPM that would go from the Convention Center directly to the Rapid Transit Center. Mayor Ferre: The DPM is a maybe thing,isn't it? Ms, Wacher: No, it is not a maybe thing. Absolutely not. Mayor Ferre: Well, the DPM if you will remember that particular stop is the se and phase of it, not the first phase. Ms, Wacher: That has not been established. That has to first be established over the next several months and we'll be working with the City of Miami as well as the County to establish phase l of that, 17 MAR 15197 Mayor Terre: Well, nevertheless, whether it stops or it doesn't t%op there which is great I still think that the rapid transit if we , cs:id have a stop, noW i recognize that at that point it's 75ft, in the air. I alto recognize the expense of building a station that high and how you get people down, obviously you'd have to use elevators and all that and that becomes a very, Very expensive proposition, I recognize all those things, furthermore, I recognize we probably cat't do it now. However, if that area develops the Way I "think it's going to develop t think it's very important that at least the planning be dote so that if it is warranted and you have at that level develop., tents that (night be integrated into the Rapid Transit station 75 t, up in the air,that that be taken into consideration, like the World Trade Center. Ms. Wacher,: And,the Manager said,.,:this is an idea presented to the Manager, right? Mayor Ferre: I talked to Merrett Stierheim and Mr. Fosmoen is aware of it too. I just wanted to repeat it on the record. Ms. Wacher: Ok. Thank you, 24 CONSIDERATION OF REVISION TO RESOLUTION 75-62 - PARKING AREA LOCATED AT 1570 N,W, 26 AVENUE, Mayor Ferre: We're now on the 3:00 o'clock agenda, and the first thing that comes before us item #2 which is Consideration of a revision to Resolution No. 75-62 which granted permission for approximately 1570 N.W. 26th Avenue to be used as a parking area subject to certain conditions. We've gone over this item before haven't we? Isn't this that/ - shopping center? Mr. Davis: Mr. Mayor this was brought up before as a review of the conditional use which was enacted sometime back. The parking lot was granted with certain conditions and they're not able to maintain these conditions for that reason the Applicant wished to have those conditions removed. You're advised that this Commission could not remove the conditions without a public hearing. So this is the public hearing for that application for changing those conditions,if you so wish. It has been properly advertised for it. Mayor Ferre: Ok. Now I remember. Is there anybody here that wants to speak to Item #2? You do? Are there any other speakers? You do, sir. There's two speakers. Alright, then would you make a brief decision,Mr. Vidal,and why don't you explain what your position is and then we'll hear from the opponents. Mr. Vidal: My name is Sergio Vidal, President of the corporation who owns the Shopping Center. As we discussed on January 24th,different vandalism and security devices of the parking area of the shopping center,we are kindly asking the City Commission to waive all the restrictions that probably have been enforced. And, you have a copy of all the different problems we had in the past and mainly this is our request. Mayor Ferre: Ok. Now we'11 hear from the opponents. We have two speakers. Mr. Wood I live at 1601 N.W. 26th Avenue approximately across the street from the parking lot and the... oh, just a short distance north of the entrance to this parking lot on 26th Avenue. I did not get information dealing with this January meeting. I have received this notification of this hearing now which seems like they've already been before you. I'm here at'the present time if he's asking to remove =- is that what he's asking to remove.? I called the Planning Office and they couldn't tell me exactly. I see no reason to remove the conditions they were put there originally. Mayor Ferre: Let me give you a copy of this, so that... that explains what he's asking for. I'll tell you it might be a good idea if you'd pass, I see some other neighbors here. Do you have a copies of what are you affected by this? Mr, Wood: I don't know wnat they are, not us. N9. 8 MAR 1619 Mr. Wood: The equipment has beet vandalized. 1 don't ..i I'm sure from the looks of it it was intentional . The gate guard or crossing guard is a heavy tieta1spring that was depretsed when the automobiles were driven across them. It wasn't too long after they were installed In Which somebody has I'm sure ,taken a piece of pipe or soitethir►e like this and gone out there and worked this thing back and forth to break off the area to allow an exit from that barking lot which has been denied. The cars leaving from that parking ltt at times enter the area that street is 2gth Avenue at a very 'rapid rate. We still have trucks as they were not supposed to be, trying and sometimes successfully using that lot , the fact is they've just recently, somebody placed the ''No Truck"sign at the 16th Street entrance down there and has been knocked over by one of the trucks which has recently placed back up. I can't see that from the amount of traffic that the need of you know, changing this at the present time, Mayor Ferre: Ok. Neat speaker. Ms. Keller: Mr. Mayor, I'd like to iegerve the right to speak on this item... Mayor Ferre: Ms. Keller this is a public hearing. At a public hearing under law any member of the public can speak whether they're affected or not. That includes you, and since you usually do speak on most items I'm very happy to recognize you at that time. Ms. Kincaid: My name is (is that as loud as it sounds)? My name is Elizabeth Kincaid. I live at 1500 N.W. 26th Avenue. I think I would like to simply back up Mr. Wood's statements and point out that cars 0 originally supposed to enter only the parking area... "a_.>or Ferre: That's right. Xs. Kincaid:...from 26th Avenue ,but, as you said,that treadle has been sabotaged. I think the shopping center owners put up an overhead barrier to ban trucks over 9 ft.from entering, although the original condition was to ban 10 ft. trucks. That thing has been knocked down for months and cars exit onto 26th Avenue. They not only use it for exiting, cars use it from 27th Avenue for short cut through there. They tear through it like mad and it's a real traffic hazard on 26th Avenue which you know is only a very narrow paved street. It should be a parkway in the center,and a roadway on the east side,but that's never been developed and the traffic hazards are getting worse and worse and also,as Mr. Wood pointed out,through trucks are using that, they're going into the parking lot. I've seen a huge box type car, truck, box car type truck, fish truck, all kinds ... Mayor Ferre: Alright. Ms. Kincaid: ... using that, and I would like to see those conditions maintained. Mayor Ferre: Mrs. Keller, would you like to say something to the Commission at this time? Mrs. Keller: I'm concerned because I don't remember seeing any reports at all on this matter coming up and I can only say that just glancing over it quickly that I'm certainly in back of this Ms. Kincaid and her thoughts and I'm in complete agreement with them. Thank you. Mayor Ferre: Alright. Any other speakers at this time on this item? Anybody else wish to speak at this public hearing on item #2? Alright, I'll give you a few minutes to rebut and then if anybody wants to answer I'll recognize you again Mr. Wood, go ahead. Mr. Vidal: Seems like Mr. Wood and Ms. Kincaid are professional Q:,jectors to this matter. We have complied already with all the requirements as submitted to the Commission,.., I stood there.I it today.We have over here, would you rise, please,all the uStness people in the shopping center,,, Mayor Ferret These are people that work in the shopping center. Mr, Vidal ►.: work in the shopping center and 45Wh bueihesses ih the shopping center, and these are the people ,,, asking you, begging you to waive all the reetrictiohs. We cahnot control the syeten, the device, It's to costly aftd has been no fftajor problem at ail, `hia is systematicaiiy hat been Mr, Wood and Mrs. Kihcaid objectifgto this for years, this is our . , . speak for ourselves. Mayor perte: Anything else? Airig,t, Mr. Wood, I'll recogni2e you and thew we'll get into the questions and the We hopefully will dote to a conclusion, Mr. Wood: I'm not here to hard time these people, continuous objectors, possibly they're trying to take my residential street turn it into a commercial street, you know, we've been through that several times. Some of the information as I've just picked it up now $s false stretching the point, you know, this is continuous excessive cost repairs as far .;, I can see there has been no attempt to repair this treadle. The ovel''hea6 bar is a 9 ft► bar that it has been down for a long time and no cos►:, no expenditure, you know, to replace these sort of things. At the preLent ti.me the traffic has not been too bad using that, the only problem has that,ot-^e ha... not all of those naturally but some of those have used that as an exit into the street have come out quite fast and there are small children on that street and they enter from the parking lot, The small kids, I guess what I'm trying to say are sometimes blocked by the wall that's back there. Do you understand what I mean? Mayor Terre: Yes. Mr. Plummer: Let me ask a question. Since obviously the treadle, it's called a treadle is not working. Mr. Wood: It works very successful until somebody, you know, broke the... Mr. Plummer: Ok. Now, if you go through a trailer park you find what they call a silent or dead policeman, you know what I'm talking about the hump,and if you exit rather rapidly you have a large repair bill to put the underneath of your car back together. Now, those things don't need maintance. Do you think possibly that you would be better off with that than with the treadle? Mr. Wood: That I'm sure would help to reduce the speed in which, but it would not control the traffic that is also exiting into this area. In other words... Mr. Plummer: If I understand you correctly your concern is not as (al much about the traffic ... Mr. Wood: That's because we do have a partial operation and a partial control of the traffic that's there. In other words, the signs are still up. Some people believe the signs,although if they look down they can see that... Mr. Plummer: The signs,as I understand it, particularly are to the truck traffic. Mr. Wood: Truck and auto.See, no traffic was allowed to exit, that's what's happened, they've gone in there broken this thing and now drive out. They're allowed to come into that parking lot from 26th Avenue and exit onto 27th. Now,what they're attempting to do and are doing now was not agreed upon at all when this variance was allowed. They're not exiting from the parking lot onto 26th Avenue and this is not only the car, the residents within the area but also the commercial traffic. I see large trucks, although it says"no trucks"there, targetrucks lining up trying to get through that gate to get back in there to load and unload and this is some of the very same thing that we were trying to and we had agreed upon to allow this thing to exit in this manner keeping this commercial traffic off of the street, and to limit you know, as much of the traffic and still allow them use of the property. They sirnply,,,.looks like they just want to commercialize that. r Coit ►itsioiier Plummer`? Cotthiss ones PluMjter? '�! � Vidal: Mr, Pl,aMMe *': yes, sir, Mr. Vidal: if we agree to that SVete;,would you be happy with that system...? Mr. Plummer: Sir, I was just,you know Father is a great one for trying to work out a comprarnise..,if you can't buy...if you've got to buy a pieoe of real estate in hell nobody Wants to buy a piece of real estate in hell, you at least get a corner lot so you can see both ways, The art of compromise sir, is what I was trying to do. Mr. Whipple: Commissioner Plummer, if I may, Mr. Plummer: Yes,sir. Ms. Kincaid: Could I be recogniz--t for a moment? Mr. Plummer: I thought the Mayor had closed •c_ public portion, but go ahead. Ms. Kincaid: Well, all I would like to say is I am not a professional objector. I live on the street and what happens there is real important to me as well as to the other neighbors who are here. And they will agree with it, and furthermore, I wanted to say I'm not anti -shopping center, I use it, and I'm glad it's there, but I think if they cannot maintain the conditiont,then they should put in something that they can maintain and either maintain this kind of a treadle that will prevent cars from coming out or close it up. Mayor Ferre: Alright... Mr. Plummer: Tell him if you're a professional you want your check. Ms. Kincaid: Alright..who is going to pay me? Mr. Plummer: Mr. Whipple? Mayor Ferre: Mr. Whipple? Mr. Whipple: Mr. Mayor, members of the Commission. The Department has gone out into this area recently and reviewed the conditions that exist in the area. We recognize that the gates and the devices previously installed are not in use. However, being familiar with the area as you are this is a very sound, very substantial and a very nice residential 'P area. We would suggest that 'yes' if there is a compromise or some alternative that we at least sign it, maintain the sign and do something by which to keep the trucks from entering and exiting and all traffic from exiting, at least through a sign we believe this would help protect the integrity of the neighborhood. Mr. Vidal: Mr. Whipple, are you aware that 26th Avenue is 84ft. right- of-way? Mr. Whipple: As far as the right-of-way it has not improved in that, with pavement wide that is correct. Mr. Vidal: And do you know there are building right now, digging light holes every five feet in the north portion of the right-of-way,every five feet digging light holes just to build a fence? Mr. Whipple: Mr, Vidal:Thev are using Qn1v 17 ft of the right-of-way, and the right-of-way is 84 ft. Mr. Whipple: I do not know what your reference is to the digging. I know there is a new duplex going on, being constructed immediately north of your property and there's either a new single family or a new duplex being constructed exactly opposite the gate, All I'm pointing out to this Commission,is that when this use was originally granted as a Conditional 11 MAP . t' 1978 u= - for parking one of the Commissions / and Boards, and Departments feelings, utmost feelings)was that of protecting the neighborhood from any adverse effects, and we're just suggesting today that we again continue these efforts as much as possible to cut down this commercial traffic into the residential area. Mr. Vidal: Fine, Mr, Plummer: Well, let me ask the proponent, how much trouble rave you got with the commercial traffic coming in and out of 2lth Avenue, is that a problem? A big problem? Mr. Vidal: It is a problem for the southbound traffic. Mainly when the bridge is open too, we got problems too, and mainly, I mean, the other trucks are not using that gate anymore, I mean they are using the front entrance. We got three driveways on 27th Avenue, but the back gate is used mainly for cars, some trucks, of course, but we cannot put a safety guard over there or we have the signs, we have the devices and we comply with your requirements all the way, but there has been vandalism during a long time and there has been no complaints at all from Mr. Wood or Ms. Kincaid for two years. Mayor Ferre: Alright, anything else? Ms. Kincaid: The reason why we have not complained because for a long time .... (NOT SPEAKING IN TI-IE MICROPHHONE --BACKGROUND) Mrs. Gordon: We can't hear you. Mayor Ferre: She says that for a long time the restaurant was closed i' and there wasn't so much traffic. Ms. Kincaid: Not only that the restaurant was closed there was another store vacant and I thought what's the use of ... Mayor Ferre: Complaining when the store is closed. Ms. Kincaid:...complaining when they're got some headaches now. Let's wait and see. Now the restaurant is open and it's worst. I would like to agree with this gentleman about those holes that are being put in on the corner of N.W. 17th Street, l6th Street Road and 26th Avenue. A man is putting 4 or 5 ft. high poles in the parkway... Mr. Vidal: It's a fence. Ms. Kincaid: and he is bragging that he does it on weekends because the inspectors don't come out on weekends. Mayor Ferre: You want to make a note of that? Who is the proper official to make a note of that? Mr. Grassie: Vince Grimm. We have a note. Mayor Ferre: Ok. Further discussion on this item. If not, what's the will of this Commission? Mr. Plummer: Well, Mr. Mayor, I'll make a motion, you know, when everything else fails, if the people don't like it then they can vote it dhlwn. Mr, Mayor, I don't think the treadle is working. I don't think it's going to work. I'll be very truthful with you. I think that we can install what is called the dead policeman. What's the terminology? 'r. Whipple: Silent policeman. Mr. Plummer: Silent policeman. We didn't kill him we just put him to sleep, that that be put in there. I still have objection to the big, big truck traffic. I think it's just not right. I don't see anything wrong with a van or a small truck, because you know, if you really want to kid yourself they can use a station wagon for the same purpose. So my motion would be worded in such a manner Mr. Whipple you help me, that instead of the treadle, that the silent policeman 12 VAR 161978 • • be i hailed and that some tetainf►ent be kept, including the signs °hich would ih fact prohibit the large truck traffic from the reside:.t a : area, aid that would be the sense of my motion. Now, #410thet y8u like this or not also included 1t the totion would be a one year review to see how it's working. Mr. Vidal: The silent policeman hortitonal, right, not vertically. Mr. Plummer: You mean, without question. No comment. Mr. Whipple! you're talking about speed bumps Commissioner? Mr. Plummer: Speed bump or silent policeman, in other words, to alleviate their concern, and 1 think rightful concerns of the speed of the cars coming in and out of that place. Mayor Ferre: J. L.,iet me erstand you, you're saying you want something so the 9 ft. trucks go in, that's number one. Mr. Plummer: Mr. Mayor, I'm not an exert c. trucks. I'm saying the big trucks, like the boxcar type of trucks tha. +-hey're bringing to our attention. Mayor Ferre: Number two, you want to put a bump there so that the people will slow down. Mr. Plummer: ?Mayor Ferre: Mr. Plummer: Mayor Ferre: that goes up Mr. Plummer: Mayor Ferre: Mr. Plummer: Mayor Ferre: That doesn't take any maintenance. And, number three, you want to keep the signs up. Ohl yes . So, the only thing that would change then is the thing and down. The treadle would be removed. That's the only change. That basically is the only change. Well, what does the neighborhood think of that? Mr. Wood: They probably would go about it ... part of our problems now the signs (NOT SPEAKING ON THE MICROPHONE... BACKGROUND COMMENTS) Mr. Plummer: Well,to answer your question sir, you know, the answer isn't maybe practical or reality but the answer is an enforcement with a ticket bookfthat's the answer. Mr. Wood: I agree ... try to hold this large truck driver there and... Mr. Plummer: Either that or bring the prevalent situation to Mr. Grassie's attention,then it would be up to him to see the enforcement is done. Mr. Wood: I don't quite understand why the .... a residential... is necessary in Mr. Plummer: That's why,sir,we don't understand why they write thousands of tickets everyday, people won't abide by the law. Mayor Ferre; Alright, let's move along now. Mr. Plummer; I'm being practical. Mr. Grassier As a clarification Mr. Mayor, as far as the large trucks are concerned, l understood that the basic control was the bar overhead which prevents a large truck from actually getting in the parking lot. Mayor Ferrer You're going.to have to put a bigger bar. If that bar gets knocked down you're going to have to... 13 MAR 16 196 1 Mt. Grassie : We intend to maintain that, '•'._-. Plummer: It's been knocked down from what I understand or what I'm being told, Mr. Vidal: This can be.,. Mr, Grassie: That can be replaced I gather from what you're saying. Mr. Plummer: For the big trucks. Keep the big trucks out, Mrs. Gordon: Is the bar there now, the applicant, is the bar there across the top? Mayor Ferre: They Knocked it down,Rose. Mr. Whipple: The bar could loork it's a matter of... Mayor Ferre : Plummer what you're saying is that your motion says that the bar should be put back up again, is that correct? Mr. Plummer: Mr. Mayor, if in fact, the bar is the thing that will be used to prevent the large trucks from coming in, yes, that's what I'm saying. Mayer Ferre: Alright, there's a motion now, is there a second? Mr. Reboso: Second. Mayor Ferre: There is a second to the motion. Is there further discussion? Mrs. Gordon: Just one question for clarification. How long has it been since the contraption has been out of place and been removed, how many months? Mr. Vidal: More than three years. Mrs. Gordon: How long? Mr. Vidal: One and a half to two years in different locations. We fixed it and they broke it again ... Mrs. Gordon: And the last time now how long has it been down, this time? Mr. Vidal: A year, a year and a half and then no major problems. Mrs. Gordon: Ok. Whoever the objectors that are here, may I ask a question of you? Is that a period of time that you would confirm?... that period of time that's being a year that there's been no auto- matic device? (BACKGROUND RESPONSE MADE OFF THE PUBLIC RECORD) Mrs. Gordon: In other words, it really hasn't been any controlling device there at all. Well, in that case I think what Mr. Plummer's suggesting is a controlling device that is worth trying, at least it's something, You have nothing now. Ok. Nr.Davis: Was this subject to review in one year Mr. Plummer? Mayor Ferre: ub j ec t to review in one year was the motion. Further discussion. I would like to express my opinion,for the record I was very reluof.ant to vote for the opening at all because you have a residential area that's basically R.-2,and the only way we did it with thee community and the neighbors complaints was by putting in ail therm controlling devices that would alleviate the problem, The no i gbhors left here upset and angry and they had a 14 MAR 1619Th • right in a certain tense to be upset because that's where they lived, Those were their homes, and we're invading a residential neighborhood by permitting something Which is wrong, just for the simple reason that sometimes in our society we have to weigh things out. Now, it's a border on you, l'fn sorry, but you're getting a lot more because the alternative to me is to shut it down,, just put the wall right back up again and that's f a2 and you can't use that street. Now, to nne it's just very simple, you either, you want the good?then you've got to take the bad. The bad as it's going to be, it's a problem, but you're going to have to maintain it and you're going to have to put those things up and if you want it that's what you got to pay. You don't want that? fine. I'll make a motion to put up a wall there the way it was in the beginning and leave that as a residential neighborhood which is what it should have been all along. Further discussion. Yes,sir? We'll voting now, but I'll recognize you anyway if You want to sav something. Sure. (iaak mind Comment) The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 78-179 A MOTION TO AMEND RESOLUTION 75-62 WHICH GRANTED PERMISSION AT 1570 N.W. 26 AVENUE FOR PARKING AREA BY CHANGING THE FOLLOWING CONDITIONS: 1) INSTALLATION OF SILENT POLICEMAN IN LIEU OF TREADLE DEVICE PREVIOUSLY SPECIFIED; 2) RETAINMENT OF SIGNS TO PROHIBIT LARGE SIZE TRUCKS FROM ENTERING FROM THE ADJACENT RESIDENTIAL STREET; 3) THE INSTALLATION OF "SPEED BUMPS", and 4) THE ABOVE MATTER TO BE REVIEWED IN ONE YEAR BY THE CITY COMMISSION. Upon being seconded by Vice Mayor Reboso, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Commissioner (Rev.) Theodore R. Gibson Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. Mr. Vidal: Well, can you clarify the motion please? Mayor Ferre: The motion is that you have for one year, you have to put the bar up again, you have to put a bump down in the bottom, you got to leave all the signs up and next year you've got to come back and review it and if that isn't being done I want to tell you I don't care how angry some of your friends and associates might get, I am for keeping that as a residential neighborhood and if it isn't kept up the way it should be, I would vote to reverse back to the way it was, okay? Mr. Vidal: I can be one of the objectors, too. Mayor Ferre: Alright, anything else? 15 MA#: 1619T 3, SEA SING FINANCE, CHANGE OF ZONING CLASSIFICATION At 135451 N.E. 51 St, PROM R-1 To R-4 AND 76 AND 7/ N.E. 52 TERR t PROM R-2 TO HA "DOUGLAS WINS HOUSING." Mayor Ferre: Welre on item #3. Item #3 on second reading. The first reading Was moved by Mrs. Gordon and seconded by Commissioner Gibson. The Miami Jewish Home for the Aged. Mrs, Gordon moves again. Father Gibson seconds item #3, Read the ordinance, ,... Call the roll, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE: No. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF tIAMI, BY CHANGING THE ZONING CLASSIFICATION OF -E5' OF LOT 15 AND ALL OF LOT 16, BLOCK 2, ALTA VISTA CORR. SUB (6-4), BEING APPROXIMATELY 135-151 N.E. 51ST STREET, A PART OF N.E. 1ST COURT LYING BETWEEN N.E. 51ST STREET AND N.E. 52ND STREET AND THE W120' OF S110' 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 NO. 994-A "DOUGLAS GARDENS HOUSING" AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6 871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREFORE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of February 23rd, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon , seconded by Commissioner Gibson, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner. J. L. Plummer, Jr. Vice Mayor Menolo Rehoso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8774. 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. 16 MAR 6197 SECOND SING I 'INAN . CHANGE or ZONING CLAFMATION AT 1550 N.W. 10 AVENUE FROM R' 3 TO RC I Mayan retie: Item #4 oh Second readingo pre\iously moved by t'ather Gibson, He m6Ves again, It theta a second by Cofttmissioner Plummer? Seconded by Plummet+. Further ditcuSsior Read the brdinance please, AN ORhANANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY or MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF ALL or 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-OFa-WAY, ALSO KNOWN AS THE WEST 88' of TRACT 9 OF TENTATIVE PLAT NO. 787-8 - "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. Passed on its first reading by title at the meeting of February 23rd, 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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8775. 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. 17 MAR 1 17. 1978 SECOND READING ORDINANCE: CHANGE OF ZONING cLASSIFIGAttON AT -fig Alt 34 3444 F2ANKLIN AVENUE FROM R-2 10 R-1, Mayor Ferret Item 5, Plummer, you want to move that again? Mr. Plummer: Yes, Rev. Gibson: Seconded, Mayor Ferret Moved by Plummer. Seconded by Gibson. Further discussion, Read the ordinance. 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 1-4 & E23.4' OF LOT 5, BLOCK 2; ROYAL GARDENS (20-3) AND TRACT "B" LESS E155' OF S89.03'; ST. HUGH PARISH 1ST ADDITION (84-16), BEING APPROXIMATELY 3353-3389 AND 3400-3444 FRANKLIN AVENUE, FROM R-2 (TWO FAMILY) TO R-1 (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 DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of February 23, 1978, it was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, 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: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINAN'-F NO. 8776. 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. 18 MAK 1 197E SECOND ZINC ORDINANCE: AMEND ORDINANcE 6871, ART! cI S 11 AND X PROv!DE DEFINITION FOR HOu ING FOR THE tL. ERLYI Mayor Ferret Take up item #6, second reading. Rev. Gibson: Moiled. Mayor Terre: Molted by Father Gibson. Seconded by Plummer. Further discussion. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE 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 REPEAL- ING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of February 23, 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 (Rev.) Theodore R. Gibson Commissioner J. L. Plummer, Jr. Vice Mayor Manolo Reboso Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 8777. 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. 7. DISCUSSION AND DEFERRAL OF CHANGE OF ZONING CLASSIFICATION AT 2121, 2129, 2147, 2151 N.W. 23 ST. FRori R 3 To C-5, Mayor Ferre: Take up item #7 on second reading. This is the Northwest Meat Company. Mr. Reboso, you want to make a motion? Mr. Reboso: Yes. Mayor Ferre: Alright, Mr. Reboso makes the motion. Is there a second by Father Gibson? Rev. Gibson: Seconded. Mayor Ferre: Father Gibson seconds. Further discussion. Mrs. Gordon: Yes. Mayor Ferre: Mrs. Gordon? Mrs. Gordon: Mr. Mayor, in that matter that came before us previously may not have been fully thought out repercussions on the neighborhood. I think that maybe you have...I was hoping that you have more time to reconsider what this zoning change of C-S in this totally residential 19 MAR 1 ta7F zone on 23rd Street would create to not only to 23rd Street but all of the Allapattah area. 1 don't know if there are any people he,.e axe interested in this application or not, but for us to quickly ri:. over it without asking would seem to me would be an injustice to the people who might be here in the audience to speak to this item, }Mayor Ferre: Alright, before we do that I have a note here from Mike Calhoun on item #8. He says that the Department has agreed to defer that item until they have further discussions, Is there anybody here on item #8 who would be an opponent to a deferment? Are you an opponent, would you oppose Bob for it to be deferred? Un'dentified: I'm an opponent and I would not object to deferring it. Mayor Ferre: Alright, do you object to deferring item 8? You do, well then I'll tell you sit down an i we'll have to hear 7 and then we'll decide when we get to 8 whether we'll postpone it or not. Ok. We' on item #7 Mrs. Gordon made a statement. Is there anybody here who would like to speak to any of this? You would Mrs. Keller and you too. Alright, go right ahead.... Are you going to speak to it? (BACKGROUND COMMENT MADE OFF THE PUBLIC RECORD) . Mayor Ferre: Yes. There's a motion and a second. Mrs. Gordon made a statement and we're going to vote in a little while. Mrs. Keller: I'm Patricia Keller, Vice President of the Allapattah Community Association. This is a matter that we shouldn't even be discussing today. This is in violation of Section 14, #1B, page 117.1, of the Ordinance 6871 of the City of Miami. Mr. Plummer: What does that say? Mrs. Keller: Well, I have the ordinance book here. Mr. Plummer: Well I don't,.'. tell me what it says. Mrs. Keller: Alright. Mayor Ferre: Would you please tell us in layman's language what does it mean? Mrs. Keller: What it means in essence is that if a matter such as this is brought up before City Commission and deferred that it can- not be brought up for another year. Mayor Ferre: What's that again? That if it's brought up before the City... Mrs. Keller: If a matter is brought up before the City Commission and deferred it cannot be brought up again for another year, a matter such as this. Mr. Plummer: Mr. Knox? Mr. Anderson? Mrs. Keller: Here I have the zoning ordinance here. Mayor Ferre: Well, I'll tell you if that's the calf: we've been violating that Charter an awful lot of times. Mrs. Keller: You may not address yourselves to a problem like this until it's one year after it was originally brought up. This is correct. It is absolutely correct and ... Mayor Ferre: fOf Mrs, Keller... Mrs. Keller:,.. I want this to be a matter of public record. Yes Mayor. Mayor Ferre: Thank you very much for bringing it to our attention and I'm going to get a legal interpretation from our City Attorney and then we'll take it from there, 20 • MAR 16197$ Mr, Anderson: Could you give the the section number? ;`its, Keller: This its 1 have it right here if you want it, This is the violation of Ordinance 68715 the Comprehensive Zoning Ordinance of the City of Miami, Section #14, 1B, page 117,1 of Said ordinance.. Mayor Terre: That'll take you sometime to look at it so maybe we can go to item 8 and then come back to this, Mrs, Keller: Here I have it right here, Here is the zoning ordinance Mr. Grassie. Mrs, Gordon: Mr. Mayor, you ought to remove the motion from the table. Mrs, Keller: I sometimes wonder if he has it... you'll have to forgive me... at any rate this is the old story. This is the old story called the rape of Allapattah and I'm right up to here and so is the rest of Allapattah with the raping of Allapattah. This is a story of a sad community that's been raped time and time again, It's a story of a community that's been betrayed by those of you who have voted for these zoning variances in the past. It's a story of the old time residents of Allapattah who sought peace and tranquility. Their peace and tranquility taken away from them ,from their resident- ial areas and they saw their residential areas encroached upon by trucks, parking lots, noise and pollution. They were forced to leave their homes and they never quite knew what happened, but you and I know. It was the commercial encroachment due to zoning variances. You just heard a minute ago from these people what they are going through.This is only a small taste of it. The experts who study this matter, the WMRT report on Allapattah's status that we had far too many comme:^cially zoned properties in Allapattah now, and we must make every effort to preserve our residentially zoned properties. The City of Miami Planning Department and the Zoning Board have denied the zoning change. The Allapattah Community Association is opposed to the zoning change. I've spoken to many who live in Allapattah,and amazingly with all that we're suffering here in Allapattah the most irritating problem they have to suffer is the commercial encroachment on their properties. The Mayor has stated that this is a diaster area. Yes,it is. Mayor Ferre: Right. Mrs. Keller: It is that because we are the victims of zoning ordinance, zoning variances, forgive me. Mayor Ferre: Would you cite us another zoning variance in that immediate area that...? Mrs. Keller: Oh my God Mayor, I could cite so many... Mayor Ferre: Cite one. just cite one. Mrs. Keller: Yes,I'll be happy to. We've got a Chinese wall up in North River Drive in Allapattah and this is a wall that's directed in such a fashion that Dr. Cassola , who lives next door,can't even get himself out of his properties. This is on 1471 N.W. North River Drive. I have seen my neighbors.... Mayor Ferre: How many blocks away from this is that? Mrs. Keller: It's in the Allapattah area. Mayor Ferre: Alright, you're talking about the general area. Mrs. Keller: I'm talking about the area of Allapattah. Mayor Ferre: You're not talking about this specific neighborhood, Mrs. Keller: I cannot address myself actually to zero in on a particular neighborhood when I refer to zoning variances I'm so busy l MAR 16197 trying to tend to the Civic Center which is a living z2,:.i.t variances I'm going to specifically address Mayor Ferre: Mrs. Keller, let me ask you, are you he Yourself or are you here for the Association? Mrs. Keller: I'm representing the Allapattah Community Associatioh yes. I'm Vice President of the Allapattah Community Association, Mayor Ferre: Who is the President of the Association? Mrs. Keller: Mr. David Harris. ... If your vote Mayor is any indication, you feel that the cure for this diaster area is having C-5 zoning, I'm merely, I can't quite believe it. Mayor Ferre: Ok. Mrs. Keller: Yes,we have a badly deteriorated area in Allapattah and we certainly don't need C-5 zoning to make it any more deteriorated. What we need is adherence to the present residential zoning. We don't need anymore studies of Allapattah in the name of God, we've had all the studies we need. After the studies are made and the conclusions are drawn, you'll have to forgive me, politicans do exactly as they choose and ignore the studies. What we need is more politicans with guts. I see Father Gibson is the key to this matter today. We've heard the brilliant words of Rose Gordon and the brilliant vote of Mr. Plummer. My congratulations to both of you; you're doing a great job. We've heard from the Mayor and Mr. Reboso. I am both sadden and enraged by their attempt to rape Allapattah. Father Gibson', has spoken and I don't want to believe his last vote. I want to hear his new vote today. In this area we have hundreds of Blacks who make up for thousands of Blacks th=t live in Allapattah. Just down the street on the same side of the street we have hundreds of my Black brothers and sisters who were born and bread in good bread alley and the shotgun shacks of Overtown. They were chased from Overtown with 1-95. Their blood,sweat and tears have built Allapattah. Now they are struggling to stay alive. Many :n this project simply lack the knowledge and the time to come here today. They simply don't know what this is all about. They are depending on you and they're depending on me to speak for them, especially are they depending on Father Gibson to speak for them today. We know that their little project homes will not be liveable if you people vote to rezone this property. Therefore, because it is illegal to bring this matter up today,and incidentally,I want you to look in today's paper, there was a second matter brought up here on the Coconut Grove under the same conditions and the Judge ruled that it was an illegality to bring the matter up and it was thrown out. I think you have it ... Mr. Ongie, I think you have it thrown out of your agenda today, it was a Coconut Grove matter, the same, it's all the same thing and I want the Legal Department to keep that in mind. Therefore, because it is illegal to bring up this matter today, because it will carry out further the rape of Allapattah, because all of the experts have come out in opposition to it, because the poorest and the least educated of us will suffer because of it, because we have suffered so much in the past and I just don't think we can take anymore, because our Black brothers and sisters are depending on us, because the Allapattah Community Association wants you to vote against this rezoning! I'm respectfully requesting that you represent us and you vote against this rezoning. Thank you. Mayor Ferre: Thank you very much, Mrs. Keller. Mrs. Gordon: Mr. Mayor, you're waiting for the legal opinion I assume, is that correct? wreck because myself to that. e representing Mayor Ferre: Well, no, what I'm waiting to see is who the other speakers are and then we can get a legal opinion and then we can get the Commission's questions. Are you ready to make your legal rendering on this? I'll recognize you, Do you mind if we get a legal opinion first? Mr, Ira Casa: Mr, Mayor, before you get the legal opinion I'd like to submit to you an opinion from the City of Miami Department of 22 MAR 161978 AdMinisttation, Planning and Zoning Boards on this particular matter ih response to a letter, reading on January 5, 1978s to Mr. Robert bavis,birector of Planning and Zoning by Mt. Llpidio Nunez, ptesideht Of Northwestern Meat.Mr. Nunez said, 1 understand that out attorney Mr. Carlos Benito Ternande2 has written to you requesting that our application for rezoning of lot 17 thru 20, block 2, Allapattah Highlands Additions 1580 be withdrawn. This action was taken ih error and without our authorization. It was our intentions only to defer the final hearing until a more complete ptesentation could be prepared. We,thet`efore, request our application be reinstated and a hearing before the City Commission be scheduled as soon as possible." In answer to this letter. "bear Mr. Nunez' dated January 5, 1979,"/ have received your letter of January 5, 1978. _i'M requested from our City Law Department a decision as to whether it would be possible to reinstate your application for rezoning on your property. The City Attorney has stated that we should reactivate your petition in this office. therefore, is scheduling this matter to appear before the City Commission at the February zoning meeting. You will subsequently be notified of the date of this hearing. If you require information regarding this matter please contact me. Sincerely, Robert Davis, Director". Mrs. Gordon: I'd speak to the Law Department before they render their opinion again, to ask them if they found a specific case of law that dictated their opinion or if this was an opinion based upon no previous kinds of decisions of this sort? Mr. Knox: The opinion that was given,Mrs. Gordon,was not based upon any previous experience,as far as these particular facts are con- cerned, because we had a situation where an attorney representing an applicant had requested that the matter be withdrawn, had made a formal request of the City Commission that the matter be withdrawn and then we have the client, the actual real party in interest in- dicating that, you know, it was not the wish, it was not their own personal wish that the matter have been withdrawn at that time. Mrs. Gordon: Isn't it true that that same attorney represented that same client and spoke for that same client all throughout the public hearingsthat came before the Planning Board and/or the Commission? It was the client..,that attorney didn't step into the picture just for the sake of writing a letter of withdrawal, did he? Mr. Knox: I really don't have any idea, Mrs. Gordon. Mrs. Gordon: Mr. Anderson, do you? Mr. Anderson: I don't recall him representing before the Zoning Board but I do know he was before the Commission. Mrs. Gordon: Well, then he was representing. He was an official representative.He was engaged. I assume he received a fee from the Applicant, consequently he was speaking under the law for the Applicant, and I am not an attorney, but I would interpret that as being legal status for his letter of withdrawal, and to reinstate it in the manner it's been reinstated,in my opinion,without at least taking it back to the Zoning Board for a review since it has almost been a year from the time that it was withdrawn and the time that it came back again to this Commission on an opinion that really cannot be substantiated by any previous legal decisions or any previous legal opinions that would give you the right to bring a matter as important to a whole community as this is to this table. To me, that was in my opinion, a careless opinion on the part of our Law Department, and should have been more thoroughly investigated prior to bringing it to this body. Mr. Knox; I agree Mrs. Gordon. Mayor Ferre: What? Mr. Knox: i said I agree. Mr. Davis: For the Commission's information, Mr, Fernandez did not 23 MAt 161978 represent Northwestern Meat's at the Zoning Board hearing. Mayor Ferre: You want to give us your legal opinion now, Mr, City Attorney? Mr. Knox: Yessir, The Zoning Ordinance provides that if there is a recommendation by the Planning Advisory Board it must be legislatively acted upon within 90 days of its presentation, The fact is that the 90 days have expired.,,, Mayor Ferre: Therefore. Mr, Knox:.,.therefore, the matter should go back to the Planning Advisory Board, l mean the Zoning Board. Mayor Ferre: Alright, now, what you're saying then, is that the motion that's on the floor cannot be passed, because it is in violation of the Charter. Mr, Knox: We would be violating our Zoning Ordinance if we adopted this ordinance. Mayor Ferre: .... Alright, then, automatically it's a moot point and therefore the floor is open for any other motion. Mrs. Gordon: It really is a new application,your honor, because it's not a matter really that we should be dealing with at all. Mr. Davis: As I understand it and I'd like this clarified from the Law Department. In order for this matter to be approached again it must have a new application with a new fee, is that correct? Mayor Ferre: Let me see if I understand where we are. We can do one of two things. If we don't do anything the matter is automatically dead. They would have to reapply. They would have to wait a year. Mr. Knox: They would be required to wait 18 months but if there is an existence of a hardship situation, then the Commission may waive that 18 month's requirement and allow them to reapply immediately. Mayor Ferre: Alright, let me... Mr. Davis: The 18 months from February 23, 1977. Mayor Ferre: Alright. Let me ask you this. The second alternative as I understood you, now tell me because I may have missed it. Is it that we send all this matter back to the Zoning Board for a re -hearing? Mrs. Gordon: My opinion,Mr. Mayor... Mayor Ferre: I'm not asking your opinion Mrs. Gordon. You can render it in a moment after the City Attorney gives his opinion. Mr. Anderson: Only if the Commission wants to make the application for rezoning and then it would go to Planning Advisory .... Mayor Ferre: I see. So we cannot unless the Commission itself makes the application. ".r. And.�rson: Fight. Ferre: Alright, Mrs. Gordon, you were going to say something. Mrs. t;ordon: The attorney said it well enough. Mayor Ferre: That's why 1 stopped you, because I knew that's what he was goi nw, to say, so that was going to cover it. Alright, now where we stand then is that this matter has to now wait for 18 months from Ft?%i•uary Ir:t, un1'�r:; this Commission,for hardship reasons.. Mrs. Gordon: 1977, Mr. Davis: 1977, .: i r, 24 MAR 161978 Mayor tette: that's what I said, didnst t? FebruarY 1, 19/7 for 18 s oaths which puts it ihto the end of 1978,that's in August, o you understand where we are? Mr. Davis: It Mould be September that we could accept it. Yess 26tA or the meeting it September. (BACKGROUND COMMENTS MADE OFF' THE Mayor rerret Uhless the Commission wants to waive it..,, Of course You cafe be heard. Anybody can be heard, Mr. La Casa: Obviously, and 1 have no contention with the opinion tendered by the Legal Department, I believe that they are right and they ate absolutely correct as to that effect, However, there is a provision as was stated before that.., Mayor Ferret A what? Mr. La Casa: A provision in the code, as stated before that if it is a situation, of a hardship the Commission itself could take it upon you to waive the fee and to shorten the time. If that is the situation I will plead with the Commission ir, view of all that has happened here that you please do so and consider this a hardship case and let Northwestern Meat to reapply immediately and have the case heard without having to wait for the 18 months period and waive the fee. Mayor Ferre: Any further statements? Mr. Knox: Yes. I'd like to make one statement for the record Mr. Mayor. My response to Mrs. Gordon's comments concerning the opinion which was rendered by the City Attorney's office in January of 78 was that I agreed. I don't agree with the adjectives that were used to describe the judgment that was ... Mrs. Gordon: Alright, I remove the adjectives. Mr. Knox: Alright. Mrs. Gordon: Ok,Let the record reflect that I removed the adjectives. Mayor Ferre: Anything else? Anybody want to make any further statements? If not, this item stands closed.... September. Rev. Gibson: Mr. Mayor, I want to make sure that everybody knows just the way I feel. I think it's regretable that the public comes to ask us and ask for an opinion. We tell them this is what is. They have nobody to rely upon but us, and you know, this disturbs me very, very much. Ok? I'm going to deal gingerly with this. I will be hard and hard as hell the next time it happens, ok? Mayor Ferre: Now as I understand it Mr.Fnsmr,enIthe Commission request- ed, was it a former request, my motion that this area be restudied for rezoning, the whole area? Mr. Fosmoen: Previously? Mayor Ferre: Sir. Mr. Fosmoen: Yes sir,you sent this back to the department for a restudy sometime ago. Mayor Ferre: No, I think it was at the last meeting. Mrs. Gordon: 1977, Rev. Gibson: Plummer made the motion at the last meeting, Mayor Ferre: Yes, and it passed as I recall 4 to 1, Rev, Gibson: Darn right, Mayor Ferre: So it was at the last meeting that a motion was 25 MAR 161976 formerly passed. Lavis: There was a Motion 78-155 was passed on February 23rd of this year to initiate the study. Mayor Ferre: Yes, that you restudy this. How long is it going to take you to restudy it? Mr Fost login: We did restudy this. There is a ..: Mayor Ferre: Since February 23rd? Mr, Fosmoen: Yes,sir. Mayor Ferre: Well, that's pretty quick action. I really want to congratulate you, usually it takes a long time. Mr. Fosmoen: No, the same question was raised last year when this application was before you. We have looked at this. We've looked at the entire area. Mayor Ferre: So from February 23rd until today which is March 16th you have had the time to restudy and study the whole area? Mr. Fcsmoen: Mr. Mayor, I believe that the report that we gave you prev:.ou::_., ... Mayor Ferre: No, no sir, I don't think you're following my... what I'm trying to tell you. On the 23rd day of February, this Commission voted 4 to 1 instructing you to restudy that whole neighborhood for the purposes of expanding the C-5 zoning across the street along the whole neighborhood. Nr. Fosmoen: Through the entire neighborhood on 20th or the entire neighborhood? Mayor Ferre: Sir, I don't know, if you'll look at the motion; would you read the motion? Mr. Davis: I don't have it with me. Mayor Ferre: Does anybody have the motion? Mr. Davis: It's in the minutes of February 23rd. No I don't have it. Mr. Fosmoen: In answer to your question Mr. Mayor, before initiating a study of that area we were waiting to see the outcome of the Commission's vote today on this second reading. If in fact -this petition had been denied it really wouldn't have made... I guess it would have delayed the study. If the motion was passed7we would have looked seriously at rezonine all of 20th gtrpAt. Mayor Ferre: It was .... let me read it to you. It's Motion 78-155, it reads as follows: " 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." Seconded by ... It was moved by Reboso. Seconded by Gibson. The vote was Ferre, Gibson, Plummer, and Reboso for, Mrs. Gordon against. Now, I ask you again, with regards to Motion 78-155 have you done that at this point? Mr. Fosmoen: No,sir. Mayor Ferre: Ok, then my original question was how long do you estimate that that'll take? Mr. Fosmoen: It's going to take us several monthspsir, It's no question about it, because we're into a complete review of the Allapattab, this neighborhood in its relationship to a Comprehensive Plan, Mayor Verve: Ok. Well, then, under that . , , in that circumstance 2 NAR 161978 when they dote up again in September is what I'm trying to get to,►, thit is now Marchi Enid March, you 've got April, May, June, J ly, and A igut t. Mr, Fottoent We ought to be able to finish it. Mayor Ferre: That's five months you ought to be able to finish the general review of that neighborhood. Mr. Fosmoen: Yet, sir. Mayor rerre : Alright, father, Rev. Gibson: Mr. Mayor, t had, you know, it kind of bothers me What you do with ,.. of course, maybe the businessman has plenty of money, I don't know.I know I don't have it. But it troubles me that we leave a citizen on a course, you know,.... Mayor Ferre: Let me ask Mr. Nunez, if I may, through you,Mr. Attorney, at one time when we went over this thing, Mr. Nunez said that if he wasn't able to expand his operation he was going to have to move out of the area. Can he wait for the next five months until it's restudied? We can't make any commitments that this will pass then. But is this something that he can wait for five months? Mr. Nunez: Mr. Mayor, Mr. Commissioners. My name is Elpidio Nunez. I have been trying for a long year to get my business expanded. I am in a very bad spot at this moment because I had already made commitments with all my suppliers from Central America to bring more product and more work and more facilities for the Allapattah community. I have here today, a lot of people that represent the Allapattah community and here is Mr. Urra, who is the Chairman and he's for that. I am really surprised, maybe, the legal method is not in my favor, but the reality in this problem is that we need to make a move, but we cannot wait any longer before we make a decision. We have here the Allapattah community representing all these people. We have here a lot of people that live and work in the Allapattah community and they are desperate for this situation. I don't think I can wait that long. If we come back to the Zoning Board in September it will take another year before we can get new facilities that we are very much jeopardizing our business. I don't know if for that time I am going to be in business without any expansion in that section. 80% of that street on 23rd is commercial on both sides, not only in the south side of the 23rd, is on the north side too. I don't see how come it has been a problem and so strong against us to make an investment for one million dollars and to put at least 100 more people to work there. Before I finish,to answer your question Mr. Mayor, I appreciate you asking me. I am really in a big hole at this moment because we have made commitments, and I want to get all the people that have come and work for me to stand now, because they are really jeopardizing their job and my business too, at this moment. Mayor Ferre: Mr. Nunez, I appreciate, you have that right. Most of these people are your employees, you know, so that does not necessarily, you know,.,. Mrs. Gordon: They don't live in the area, Mr. Mayor. Mayor Ferre: No, I don't know how many of there live in the area. How many of you live in the area? (SPEAKING IN SPANISH) How many of you live in the Allapattah area? Ok. They do live in the area, Mrs, Gordon: Alright, Mr. Mayor, may I make a statement of ., Mayor Ferre: „ you certainly may. Mrs. Gordon: .,, philosophy with regard to zoning. And, that people may not misunderstand that you don't zone for economic reasons. You don't zone to raise the tax base, You don't use zoning in that fashion. That is not zoning* If you want to produce a higher tax 27 II. AR 161978 base: Yo'j produce a higher tax base by placing those kinds of :. sses within the area that are properly zoned for that use, i =.' t a matter of being for or against Allapattah . It is not a matter of being for/against an ethnic group,it's simply being in favor of comprehensive planning and implementing comprehensive planning with proper zoning. Now, you know, there should be no exceptions for high priced attorneysyor friends of friends or any- thing else. The city's integrity is at stake, and there is very little more that I can add to it than that, and if you don't believe in the integrity of the city, then forget everything with regard to zoning, just forget everything and everybody do anything they want, anywhere they want, and that would be an open situation for every- body. (applause) Rev. Gibson: Mr, Mayor, I want to make this... Mayor Ferre: Father Gibson? Rev. Gibson: I will make this observation, and I hope... Mayor Ferre: Mrs. Keller, Mrs. Keller.... Rev. Gibson: I hope the people are going to clap when I make this observation. ''ayor Ferre: You mean Mrs. Keller,she's doing it. Pev. Gibson: Well, all of them. I watch and I listen. I get very disturbed, upset, and troubled. When this matter came up, and I'm going to put this in the record again so that nobody need ever do'ibt where I stand, ok? I shallnever forget J. L. Plummer's admonition to this Commission. I said that to the newspaper. I see a great big article on me. I appreciate it, they don't usually get me in the paper. But I appreciate it, you know, good or bad. I appreciate getting in the paper. Plummer said,"make sure(to the department) don't zone this man out of business" I remember that. 0k? The second thing that bothered me and was a part of my voting conscience was that I saw none of you here at the time we were voting on this matter objecting. Now you say, well now, Gibson you know, you ought to be smart and you have the best interest of the community at heart and all that hog wash you know. Listen to this, two items came before this Commission that affected -I want that lady who spoke to hear this, two matters came before this Commission that affected Black people I was unalterably opposed as an individual to it. Number one, I didn't like then and I still don't like now, and I point out some dangers about the WomensDetention Center. Now you talk about,you know, what you zone for and raising the tax base and all that jazz I understand that, alright. I was opposed to it and I held that thing up for months. The Blacks who live in the area, and I want you to watch how cunning I'm doing this. The Blacks who live in the area came down here and said, I never shall forget this, said, "we're the leaders over there", Mayor Ferre: What? Rev. Gibson: "We are the leaders", those Blacks that came said, "we are the leaders over there". You all remember who they were. Some were ministers and some were not. And, I tucked my tail, hushed my mouth, and voted fc'r it. Because you know, big government wanted it, Metro wanted it. The second thing was I was unalterably opposed to that car pound .Ling placed in the heart of the Black area, unalterably opposed. The Blacks again came and said; Look Gibson we're down there we want it", having held it up for months I decided well, ok, alright, Do you know what I said to myself, Gibson maybe you're not in tune, and I voted for it again, When you all didn't show up here and didn't say nothing I thought that that businessman was going scot free, Now, one of the things I was trying to say is we led that man to plan his business with the understanding that all was well. Mrs. Gordon: Who gave him that opinion? Rev. G; sc : Rose, I thought I delineatedsome things that should 28 make VAR 16 197& you know who gave that opinion and innpression. What I'm saying that the people didn't come, I'm saying that twice I stood alor.e± and when 1 stood alone and the people came and raised all that hell I backed up, ok7 I hope I Made my position clear, (applause) Mrs. Kellen May 1 address myself to that Mayor? Mayor Ferret Mrs, Keller I will recognize you in just a moment, 1think, let's See if we can get,,,I'm going to, before making, turning over the gavel to make a motion,under discussion on this subject I want... Mrs, Gordon: You never had the other motion withdrawn from the table, Mayor Ferre:It has,it was withdrawn because it was illegal,Mrs. Gordo:', Mrs. Gordon: Well, then it should be officially noted in the record. Mayor Ferre: Well, it was. I said that. I made that statement. You want me to say it again? I'll be happy to repeat it, Since the City Attorney has ruled that the motion that was made goes contrary to the Planning and Zoning regulations it is therefore declared null and void. Thlt's what I think I said before, right; So now I've said it twice. Now if you would indulge me just for a moment, if you would look at your fact sheet #7,members of the Commission,and you'll find in the back two maps. If you would look at the maps; if you would look first of all at the existing zoning map on the left side you see 27th Avenue and on the right side you see 17th Avenue, you will notice the railroad which is marked seaboard. Along the seaboard you have somethingcalled C-5 on the north side of the seaboard. Now,you'll also notice that on 27th there's a little strip there of C-4, and then there's a block of C-5, you see that up in the corner here of C-5? Now the rest of it, then as you continue you got R-3, R-4, R-3, C-4. Mrs. Gordon: Note Mr. Mayor, the railroad curvature which is the indication for and the reasoning for that short area on the north side. Mayor Ferre: Thank you for pointing that out. Now in the next page, you will also, you'll note the land use. Now, you'll see that in some of that C-5 there's some residential and some commercial. Now, as you go over you see that hatched stuff means public andsemipublic half of that next block is public or semipublic then you get residential for the next two and a half blocks then you're back to semipublic and public and you're back to residential, then you're over to the petitioned zone change and then you got again into the public area, see? You see? Mrs. Gordon: Public and semipublic, would you, from the Planning Department, is that the HUD Project? Mrs. Keller: Yes. Mr. Davis: That's a combination of the housing projects and also I believe there are a religious facility, a school, and a City of Miami property. Mrs. Gordon: That's not exactly a packing house, ok. Mayor Ferre: Mrs. Gordon, I didn't ever say that it was a packing house. I said that it was public and semipublic . I don't think packing houses go on public and semipublic. zoning, so I don't know your,,,I think you know where I'm going and you're trying to cut me off before I get there, and I don't blame you for that, but if you'll permit me to continue I will be happy to recognize you after I make my statement, Ok, Now if you will also see two pages before there's a recommendation on alternates, and now on page 4 of the fourth page of the March 15, 1977 memorandum. If you will look at item nurmber,,, at recommendation #3 as an alternate, it says rezone all areas zoned residential on the north side of 23rd Street between 17th and 27th 1 29 MAR 16 19714 Avenue, This would add 370,000 sq.ft, that is,81/2 acres of liberal commercial zoning,hot including the existing public and semipublic de\•elcpment;so obviously it would exclude the existing public and develoment.If we =� •--: --� -�-- p did that 3 in my opiniorl,what it does is it permits for commercial zoning in an area that greatly heeds commercial zoning, not lust in this particular piece, but in others. Now,to do something like this obviously we have to go into a public hearing in which you'll have the opportunity to bring all of your people, and he'll bring all of his 3,000 people and everybody will have their opportunity to say whatever they want . After the discussion is over with, I am going to make a motion that we call such a public hearing for that purpose and at that time we can get into all the pluses and minuses, now I'm just making that statement for the record, Mrs, Gordon: 01:. I want to just simply state for the record that if we do not feel that we have a competent and reliable Planning Department then maybe we should designate ourselves as planners and save the city a lot of money. I think that it's incredible that we should by indirect innuendo now don't get too excited Mayor, let me finish (laughter) I read you well,... Mr. Reboso: Rose, one question Rose.,. Mrs. Gordon: No, no, let me finish then you can say something by indirect innuendos, insinuate or imply that the Planning Department has recommended that all of this whole strip should go commercial. That they did not do. In fact they did the opposite. They recommended it should not be. Now, I have faith in the Planning Department. I have faith that they know what they are doing. I know that they're charged with the responsi- bility cf preserving this community and they're going to do their utmost to do it, but if we're going to overrule them or if we're going to direct them if you please in how they should plan and how they should recommend then I say again let's get rid of the planners and be planners ourselves. Mr. Plummer: I second the motion. Mr. Reboso: Rose, Rose, one question, does that mean that, do_ you agree with the Planning and Zoning Department a 100% always? Mrs. Gordon: Sir, if it were a major item of this consequence that the Planning Department strongly recommended against I certainly would agree and do agree with them... Mr. Rebcso: Oh yes? Mrs. Gordon: The only times that I find the necessity to possibly override them is where the instance is of a minor consequence where no major repercussions to a community and where the Planning Depart- ment themselves could go either way,and generally would go by the book because the book says that such and such thing should take place. Mayor Fevre: I think that's very interesting to know. Mrs. Cor•:on : That is an interesting situation... Mr. Reboso: 1)o you define.... Mre. ('or:lon: Let me finish and you can talk,ok; Ni'. f1.zt.o:;o: Yes, sure, Mrs. r:or, 1;4n : eh, 1 find it a very interesting situation that we have 1)e1 sari• ue toddy because it exemplif::es the very highest kind of political p l annine I've ever seen in my life, This is the most beautiful exampi e of planning to accommodate a situation I have MAR 16197 ever seers and it's incredible to me that we are still proceeding tc say with every other sentenbe to the'Planning Department, remember new fellows, remember tome back with what we want, because we want to do this anyhow, Whether we do it now or in six months. Mr. Reboso: Rose; just one clarification. When you say, when the Department backs it strongly that means that Mr. Fosmoen is recommend= ing strongly one thing, does that mean that the Department is recommending it strongly? Mrs. Gordon: Ask Mr, Fosmoen. Mr. Reboso: No, I am asking you, if Mr. Fosmoen is recommending strongly,something that we should not do,are you in favor of the Department? You say'strengly'when'the D.epartment is recommending it strongly.' Mrs. Gordon: In this application,Mr. Reboso, I believe the depart- ment has made a strong recommendation to retain the current zoning. Mr. Reboso: Ok. Mrs. Gordon: ... if they have not made a strong recommendation then I would ask them, have you made a strong recommendation or is this a very mild one that you don't care about? Mr. Reboso: Thank you very much. I am satisfied. Mayor Ferre: Well, I think this is all very important for future references on items that are going to be coming up very soon, and I would like to keep this very much in mind as to your statements about following the Department's strong recommendation on some things, so that's very good. Alright, now, who else wants to speak? Mrs. Keller: I had a very brief statement. Would you ask Father, I wanted to address it to Father Gibson, Mr. Mayor. Mayor Ferre: Alright, let her speak first and then I'll recognize you next. Alright, Mrs. Keller. Mrs. Keller: Father, I want you to know that I don't know anybody in Allapattah that knew that this matter had come up before this.I want you to know this,I have voiced this opinion to this Commission before that there are many of these items that somehow or other never come down to the people of Allapattah,like myself. Mrs. Gordon: This came up late at night. Mrs. Keller: We, I don't know anybody in Allapattah. Let me ask these people in Allapattah... Oh, evidently Mr. Wood's left, evidently they left. They presumed the matter had been closed. They presumed the matter was closed. These people knew nothing about it. Absolutely nothing about it, and in fact,I only knew something about this two days ago. Now I want you to know this. I'm going to say as a matter of public record that I almost feel that there has been a conspiracy here and in other matters to see that we the people of Allapattah do not have this information. Nayor Ferre: Mrs. Keller, you know exactly where the State Attorney's ,ffice is you've been there many times to make many accusations on many different people..,, so go to the State Attorney make your accusations. Mrs, Keller: Alright, I made the statement. It's a matter of public record,that I did not know about it and I quite frankly don't know that if there are any of the grass roots of the people of Allapattah that knew about it, I want to make a second statement to Father Gibson, address it primarily to Father Gibson, if I may, Father, I just think there must be a misunderstanding on the Comprehensive Zoning Ordinance if nobody shows up and nobody ' side, is on a particular either it's right or it's wrQng,either we adhere to our 31 MAR 15ion 1 a Comprehensive Zoning Ordinance or we fright as well leave Miami altogether because we have had it Father, we cannot put up with any ::.ore o_` t:.is willyznilly, yoyo Variances with our zoning ordinan e �✓. Gibson: I forgot to say,but I need to also add,so that 1 know what you're saying. I understand that, Maybe, that was true about the people that I referred to about the Women's Detention Center, and maybe that's true about the Auto Pound, but a very interesting thing for the public to know is that HUD ,;as not involved in this thing, in this particular matter, certainly HUD didn't show here and let me tell you what you don't know... Mfrs. Keller: I called HUD this morning, they didn't know about it. Rev. Gibson: Wait, wait, wait, don't tell me nothing about HUD, because I happen to be the Vice Chairman of the Board. Mrs. Keller: Did you know about it, oh well, of course, you would know about it. Rev. Gibson: I am trying to say to you that it was very interesting that HUD did not object nor protest, and I am the Vice Chairperson. Mrs, Gordon: There is a great big red area on that map that indicates there has been a denial recommendation from those property owners, now HUD is a property owner where the red is Father. :iLson: Rose, you know, I just don't, you know,I'm disturbed that we interpret to meet to our needs, now I'm saying that HUD come here. I didn't say anything about that red. I said, HUD .:{d not come here. It did not come up in the Board meeting and :'r' th "ice Chairman of the Board. I just want to make sure that the public unlerstands where Theodore Gibson is coming from. Mayor Ferre: Alright, do you want to speak now or are you going Mr. R(.1,F..tichan speak? If he wants, I'll wait. MayorFerre: Mr. Rosichan. Mr. Rosichan: Ok. My name is Richard Rosichan. I live at 141 N.E. 45th Street. The first that I heard about this matter was when I read the article in the Miami News yesterday. Nobody from Allapattah called me by the way and I didn't call anybody from Allapattah either, and after I made a few phone calls to check on this matter, my wife asked me what I was upset about and I showed her the article and she said to me, well I don't understand all of the background and details of this particular matter., but does seem to me that nobody in Miami really cares about the home- owner anymore. Andl think this is so symptomatic of a disregard that we've had in this community in both the city and the county level for the homeowner. Now there was a quotation, maybe it was accurate, maybe it wasn't, I understand what led to it that this area is a disaster area,and it may be in our terms a disaster area, but it's their disaster area,iels where these people live. Mayor Ferre: Richard, I want to make sure we understand each other. T'::, talking, when I said it was a disaster area, I'm talking about Ord t.rtlot in the specific two blocks that are involved in that gc.nt::'al vicinity that I've walked up and down on, I'm not talking about general city or Allapattah or anything else. I'm talking 3tour that area, Mr. Rosichan: You're nit referring to Allapattah generally: Mayor Ferre: No,I was not, Mr, Rosichan: Ok. I'm glad to hear that. But in any event I'm very concerned because I feel thatto set this kind of a precedent and to a]iow commercial zoning to intrude in any residential area , 32 MAR 161978 in the city in this manner would lea°'e a similar precedent Gl- over Miami, Now, we have allkinds of residential areas it Miami. and some of them are very classy and saDme are not so classy but they're all home to the people that live in them and they're all of equal importance to these people. I'm concerned about the relationship between this matter and the Comprehensive Master Plan that we have: Now I've heard it said in this chamber that the master plan is tot graven in stone. Well, the master plan does not have to be graven in stone. The Master Plan happens to be graven into state statues and state law. the Master Plan was mandated by the Florida State Legislature as were the procedures that led to its creation and that led to its implementation and that led to its revision, And, I feel that the wrcckless application of spot zoning as a means of punching holes into this plan, is not only detrimental to the city and to the future of the city, but quite frankly I also think it's against the Jaw, and I think that, I didn't hear the testimony of the City Attorney, I just came in; but I think that if anybody were to, file a suit against the city in such a case on these grounds they have an excellent chance of winning and I think this is something that ought to be considered. Mayor Ferre: Alright. Mr, P si.:han: Now, just oIie more thiaL. 1atheti7'son, you were quoted as saying that you wanted La help this company and by that means presumably,help the area. And, I can understand your sentiments and ; can appreciate what led to y c'n' siyina this , but under the system that we have here every member of this Commission represents every person in every area , in every ricighbc:rliood ,in the city and you have to consider the well-being cf all the people in Allapattah and ci what this could mean to them and what the precedent could mean to every other neighborhood. Mayor Ferre: Richard, : don't ?,_ri':-r,-: aherher you heard , hut the matter i. a moot, it's dead, as far as his particular piece of property as of today, ok? Mr. Rosichan: Well, I didn't hear exactly whit happened because I wasn't hereiMr. Mayor. I was working, bat... key. ":i son: Mr. Mayor, let me respond. I think you didn't hear me either. You heard me, but you didn't understand me. The very :act that the people who lived in Allapa1tah,,..this is what I said, I told you how I was burned two different time::, and I think there is no beyond a fear contradiction. There is nobody who could charge me with not representing all of the ;people, and when I did not see them,,,.., put that in the record,...I purposely put it in the record. Mr. Nosichan: Well, Father I know you well enough that I never mean to impugn your motives in this matter or any other matter. I don't think.... Rev. Gibson: No, no, I just wanted to make sure that that goes with the record. C'k, we're together. Mayor Ferre: Alright, thank you very much. Alright, Mr. Counselor. Mr. La Casa: Mr. Mayor, I'm going to dwell further into the issue, h�ecause you have made a motion. We don't know the legal problem here. Mayor Ferre: I haven't r4ade any mat '.ons yet. Mr. La Casa: Oh well, at any rate, :L want t:, stress the fact that we are very surprised about Mrs. Gordon'schange in philosophy today here, because we have studied deeply the way that the City Commission has moved in order to try to adequately make our presentation and the way that we proceed to the philosophy of the City Commission, In the particular case of Mrs. Gordon, I was very surprised on two accounts and her extreme reluctance in this particular case, when just an ,Tar,ca�v 1• , 197S. in a case that had; extraordinary similarities 33 MAR 16197e tc the one that we are dealing with how. This Was a case that was erne : down by the Zoning Board of the City of Miami 6 t6 1 that was strongly recommended (opposed) by the' Planning DepartMetit.... `ors. Gordon: State the case. Mr. La Casa: FxcuSe me I would like to finish, strongly recommend- ed against by the Zoning Department and by Mr. Fosmoen. I am talk ing about a request of change in Zoning from C-1 to C-4 an application made by Food Fair that was dealt by the City Commission on January 21;, 78. I'd like to read from the record, these are official minutes of the City Commission, and here forinstanoe Where Mrs. Gordon states that this strong case situation where the department expresses his views so strongly, Mrs. Gordon -and I quote from the minutes-- I quote, Mrs. Gordon agreeing with the counselor for the petitioner. "I agree, I really do, honestly, you can't always be right fellows", addressing the Zoning Department,"I'm with you a lot of times but I move that this be granted". Furthermore,I'd like to add this, we are talking about a situation where there was a turn down by the Zoning Board on the City of Miami 6 to 1. We are talking about a situation where the Department strongly opposed the change in zoning, still at the end of this discussion Mrs. Gordon says and I quote from the minutes."Mrs. Gordon, I really mean if ever there's been an application that was an easy one for me to make a decision this is it". M..s . Gordon: Right. Mr. La Casa: So quite frankly I am extremely confused. I don't know if the question here is that there were no Latins involved at that particular time,it was may be that Food Fair... Northwestern is a Latin -owned enterprise, Food Fair is not. The counselor at that particular instance was not a Latin, unfortunately,for Mrs. Gordon, am, and basically what we are facing has to be this. because such a change dramatically in the philosophy has to account for something,. Mrs. Gordon: Ok Oh yes. Mr. La Casa: ... and I am not going to further deal into this if we are going to talk about representation. I think that we have quite a representation of the feeling of Allapattah here and this lady here represents an association which I don't question. We have here Mr. :'.ryando Urra, who was elected by thousands of votes by the working any the poor people of Allapattah who are coming here to you trying ^nly to protect their jobs and see if they can find another sources of jobs in their particular area. Mrs. Gordon: Ok, now that the counsel has made a direct attack at me,Mr. Mayor,I require the same privilege. Mayor Ferre: You're entitled. Mrs. Gordon: If the counsel would be kind enough to hand me the paper from which he was reading.... Mr. La Casa: These are the minutes Mrs. Gordon. Mrs. Gordon: ... I would be very happy to explain to this Commission that the reason we are elected to this Commission is to use good judgment. Now, in a case where a piece of property is... where a piece of property as,the one he is referring to is a zoned piece of property of a commercial use and which had previously been zoned, if I recall correctly that use and it was being ... Mr. Fosmoen, you have the minutes on that case, or somebody have some maps or something I can refer back to on that case. I feel that it is a necessity for the misleading kind of conversation that the counselor has made is indicative of his presentation. His presentation is always directed to the Latin against Anglo, is inflammatory, and it's ;.:lone for a purpose, and I know the purpose. It's very easy to understand,you see. Do you have it Mr. Davis? Mr, Fosmoen: Mrs. Gordon we don't. 34 MAR 161978 A v Mrs. Gordon: Ok. Then,I would ask you Mr, Whipple or Mr, Fosmoen if you would relate the circumstances of that particular zoning because I don't have that in front of me, it's not before us to a_, Mr, Whipple: Likewise .... the map or the minutes, the zoning to the west of the subject property across the railroad track is a1105.., Mayor Terre: It's 4:35 P.M. and this thing is... Mrs. Gordon: No, it's a neoessity,Mr. Mayor, you may not like this delayed but I'm going to rebut this case, because this case is not.., Mayor Terre: Mrs. Cordon, I'm going to give you all the time that you want. Mrs. Gordon: Ok. You can give me all the time. Mayor Ferre: Now, I want you to Know tdt I'm sorry that the statement that Mr, La Casa mad: did have Latin -anti -Latin connotations, of course,... -Mrs. boy, ... Gordon: It's almost an affirmative action now for zoning, oh here we go, from employment we're going to affirmative action Mayor Ferro: Mrs. Gordon, I don't want to interrupt you... I don't want to interrupt.... Gordon: I hadn't finished M . Mayor, and you... Mayo„ Terre: I was in the middle of making a statement and you but gh- in, now every time you upset... Mrs. Gordon :....you never let me f ini.sl4 . Mayor FerrC: Iverytime you get upset you seem to think gives you the right to scream, to rant and rave and get Now let me finish my statement. that that all upset. '!rs. Gordon: Ok, you may have this back,lir. La Casa, you've made your point.... Mayor Ferre: Mrs. Gordon, may I finish my statement please? A11 I was going to say was that Mr. La Casa did make the statement that where he is surprised -and I'm glad he brought it out -is that you made a very, very strong statement that you would never vote against the Planning Board or the Zoning or Planning Board or the Department, and what he did was show you a case, by the way I agree with you. I voted the same way you did, but the point is.... Rev. Gibson: I did too. Mayor Ferre: that there are times when we,in this Commission, including you, strongly disagree with our Department and with the Zoning Board and have so voted. Now, we can discuss the relative merits and the relative: impact, and whether or not that was spot zoning, and this is spot zoning, and all of these things, but that's not the I.oint. The point is that you and I and all of us have voted a,-.ain t the Department's recommendation and against the Zoning Board's recommendation, ir, that case the vote was 6 to 1 and you voted against that recom,^teniati on ,and that's all. Mrs. Gordon: Mr, Mayor, it doesn't even bear qualifying because the i ss ;e that is before pus is whether we should vote for Latins, because they bring in an application or whether we should not. That's what Mr. La Casa said and it's the most asinine thing I have ever heard in my whole life. Mayor Terre: That's his opinion. That's his opinion. Mr, ;.a Casa: That's not what I said. MAR 161978 1 Mrs. Gordon: That's what you said. You said,I voted for another case because there Were no Latins, and the attorhey wasn't Latin, it sc humorous 1 could hardly stand it, Mr, La Casa: I have questions MrS, Gordon, you see,I have followed your leadership very carefully and believe me I have tried to follow you because you have been long enough in the City commission and thefefote, I have said to myself, if I am going to flake a good presentation I should follow Mrs, Gordot*philosoph'. And, since I saw so recehtlY on January t 4 , 1918, I said to myself, here we have a very strong case... Mrs. Gordon: Yes, Yes. Mr. La Casa: ... and when you made statements as to this was a politically planned theatre or something of that nature. l have to react that way. It's not inflammatory. It's a very cool and collected statement from somebody who is surprised. 1rs. Gordon: Uh,huh, yes, z✓or F'_rre: Mr. La Casa, that's your.... Mrs. Gordon:Okay... I don't think it's worthy of any other further conversation,Mr. Mayor. Mayor Ferre: ... That's your opinion. It isn't mine, and you're entitled to yours. Now, I will pass the gavel .... Uev. . Gibson: There's a lady, Mr. Mayor... Xayor t erre : Oh , I'm sorry. ar.:u::: Yes, there's just one item in answer to Mr. La Casa's to _eme r.` that Mr. Urra, Mr. Prieto. '•".r. :_'ngie: Your name and address for the record please. Ms. Marcus: Oh yes. Bessie Marcus, 1452 N.W. 15th Avenue. I'm a Secretary of Allapattah Community Association, also I've been a member of the. Task Force in the Community Development Area on the physical development of Allapattah. Now, I know Mr. Urra is our .;::airman and we all voted for him and Mr. Piedra has been very active.t.ow ,these gentlemen know how much money the Community Develop- ment is going to give to upgrade this very area that we're talking about. What are you going to upgrade the area...around a packing house: or will you upgrade the area around a residential section? Now t...it money is going to be placed in Allapattah and this area you are tal:..ing, about is part of the need for upgrading and I can't see ti:at a commercial property like that is going to help. Mayor Ferre: Thank you. Mr. Fosmoen,before I make a motion, you have in a memorandum of March 15th, noted in there as an alternate and you don't recommend it, I want to say that into the record. It says the alternates, the alternatives with pro and con comments are as follows; and then item #3 is the one that I previously read. Now, that was really the thing that we made a motion to review the study. Certainly I don't think that: we were indicating which way, ae:i I don't think you are in anyway intimidated are you by this elmi Ss iee? Mr. Fosmoen: Not yet. Mrs. Gordon: Not yet... Mayor Ferre: And, if you are 1 haven't noticed it. I'm going to make a motion in a little while that this matter be brought before a puhlic hearing in a couple of months. How much time do you think yuu'r.- going to have to look at. this? ''r, Fcsmen : I think two months is adequate. 36 MAR 161978 • Mayor Ferret Two months? alright. So it noW March 16th, April, 'ay, Would the end of May be alright? Mr. FosftIoen:You realize that if you're directing us to hold a public hearing on the rezoning that you also have the Planning Advisory Board to go through, rezoning on the entire strip, Mayor Ferret Oh, i see. In other words, the motion that I Would have to flake is that the Planning and Zoning Board hold a DUblic hearing on the rezoning of - on the north side of 23rd street from 27th Avenue to 17th Avenue. Mr, Fosmoen: The Commission is initiating the rezoning. There would be no fees involved, We will prepare our staff recommendation. It'll go to the Planning Advisory Board for a workshop, they'll call a public hearing, and it'llzome to you as .... Mayor Ferre: So, it' 11 be two or three, four months, whatever .... Mr. Fosmoen: Two or three months, yes sir. Mayor Ferre:Ok,that's ...I pass the gavel on to you and I trove that this matter be referred to the Planning and Zoning Board for a public hearing in conjunction with your recommendation, whenever, as soon as possible. Mr. Reboso: We have a motion on the floor. Rev. Gibson: I second it. Mr. Reboso: A motion and a second. motion? Call the question? Mrs. Gordon: For clarification, is or this piece of property or what? Any further discussion on the the motion on the entire strip Mayor Ferre:The entire strip from 27th to 17th ... as it's pointed out in the March 15th memorandum. I'll read it into the record. "Rezone all areas zoned residential on the north side of 23rd Street between 17th and 27th Avenue.This would add 370,000 sq.ft. or 81 acres of liberal commercial zoning,not including,not including, the existing public and semi-public development". Mr. Reboso: Call the question, please. The following motion was introduced by Mayor Ferre, who moved its adoption: MOTION NO. 78-180 A MOTION TO DEFER CONSIDERATION OF REQUEST FOR CHANGE OF ZONING AT 2121, 2129, 2147 and 2151 N.W. 23rd STREET FROM RC TO C-5 BACK TO THE PLANNING ADVISORY BOARD AND TO THE ZONING BOARD AND REQUESTING THEM TO HOLD PUBLIC HEARINGS CONCERNING POSSIBLE CHANGE OF ZONING ON THE NORTH SIDE OF N.W. 23rd STREET FROM 27th AVENUE TO 17th AVENUE. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES; Mayor Ferre, Rev. Gibson, *Mv. Plummer, and Mr, Reboso. NOES: Mrs, Gordon. ABSENT; None. ON ROLL CALL; Mr, Plummer; For the record. l:'nt glad. that I fi.nal:Ly got around to discuss the matter, I have never dt thi_c table vote ci against the Public having their right to come before this �`r,.nn;ecinn and express 37 MAR 1 f 1q7 their views, I don't know which way I will vote at the tire, but I do feel that the public have the right to express their views in tnis :.articular (natter. I vote with the motion, Mr. Cashon: My name is Art Cashon and five liVed at 1605 N.W. 26th Street since 1940. I have devoted 48 years of my life in trying to help the public, our city, and my country, and my state. I hesitated to say anything today because I felt like I was not properly prepared on this particular item because I was only informed of it this Pilot thing I was familiar with it when it went through. Ism also familiar with zoning, and I was appointed by all six of the Real tstate Commission5to represent them as Chairman in studying the Master Plan for Dade County, and I've attended some twenty meetings of the Rapid Transit Authority, I've attended quite a few toning seminars and I have done some things which I'm proud of to help my community. One of the things which many of you are familiar with but you don't know where it started is, but I am the man that originated the idea where school children can buy life insurance for $1.50 a thousand before that they were paying 520.80, before that back in the 40's I originated and wrote all the plans for Consolidations Which is now known as Metro Government. Now I say Consolidations because there is a difference between Consolidationsand Metro Government. Cons oli.dat ions is economically perfect and Metro Government has some political time Now,on the way this is handled,I've represented my neighborhood for years. I've kept in contact with the community. I'm representing them now on the Crime Commission and anything else that comes up that I can in the Committee. Now in this particular thing that came up I would say not 10% of the people that live in this vicinity even knot: aout the thing coming up. Mayor Ferre: Sir, can I interrupt you just for a moment to tell you that's why we are going to have a public hearing on it, and we are going to let you all know so that you'll have plenty of opportunity to fill this room with all the neighbors. Mr.Cas on: Alright, I'll just say my statement Mayor, is that the people, I don't know exactly how they should fit in with it, but there's an awful lot of people in there that are tenants, they are not property owners. Now should they have as much right to have something to say about ..as the employees of the company that are here today representing Northwestern? Mayor Ferre: Sir, I'll answer you this way. I'm not smart enough or wise enough to know what the answer is, but the Supreme Court of these United States rule on that, and I don't know whether they're any smarter than I,but they ruled that people who rent and therefore pay taxes indirectly through their rents have as much right as people who own property, so I guess the answer according to the Supreme Court is,yes,they have as much right to say, the renters have as much right to talk about things as the owners. Mr. Cashon: Well, I think they should be notified and to be consulted and have a right to say something and I'm glad that would take into consideration of considerating whether the whole area should be considered I would say interim zone at least, if spot zoning is concerned T think it stinks. But if you consider the spot for interim zoning where , well, I'll leave that up to the Zoning Board to make a ..recision on it where they can make the full study and makea scientific report on it, Mayor Ferre: Alright, thank you very much. On item #8, so we can move along... Mr. Plummer: Ho, no, hold up. Mr. Mayor, may I conclude? Just for the record, since there has been a lot of conversation, Mr.. Davis, when this matter came up before this Commission prior it was a scheduled item, is that correct? Mr, Davis: Yes,sir, 3 MAP 16197 Mr, Plumfier: Alright, sir, And, as a scheduled item, would yo.1 please foie the edification of myself, as well as these peo .le tell us how nano times and in what publications that appear, Mr, Davis: Mr, Plummer: Mr. Davis: Mr. Plummer: For this: meeting, the first reading.,. Not this one, where it was heard? The previous reading... Where everybody is contending there was no notification, Mr. Davis: where everybody was notified, Everybody was notified who was ir, the circle, within the 375 ft. diameter from the outside boundaries of the subject property was sent notices advising them that this matter was to be before the Commission, and also telling them that it was advertised in the Miami Herald, in Diarios, and in the Miami Review, Mr. Plummer: That was prior to the hearing? :r. Davis: Yes,sir, 10 days prior to the hearing. Mr. Plummer: Thank you, sir. DEFERRAL OF CONSIDERATION TO CHANGE ZONING CLASSIFICATION AT 1720 N.E. BAYSHORE DRIVE FROM C-1 TO C-3, Mayor Ferre: Alright, now we're on item #8, it was a request by Mr. Calhoun that this item be deferred. The people that wanted to be heard on it didn't want to agree and therefore, we had to put you to this torture Mike, and I apologize for putting all of you people through an hour and a half of what you just heard, so with no further ado ... Mr. Fosmoen: Mr. Mayor, one point that we may be able to eliminate one item. Item 11 has requested a deferral and everyone is agree- ment to that one. Mayor Ferre: Are there any objections to item 11 being deferred? Are there any member of the Commission or any member of the public have any problems with item 11 being deferred for another zoning meeting? Mr. Plummer: I move it. Rev. Gibson: Seconded. Mayor Ferre: Plummer moves. Gibson seconds the deferral. Further discussion. Call the roll on item 11 as a deferral. THEREUPON the foregoing motion to defer item #11 was introduced by Commissioner Plummer, and seconded by Commissioner Gibson was passed and adopted by a unanimous vote of the Commission. 9 WAR t 6 197$ 56 DEFERRAL OF CONSIDERATION To GRANT coNItttt►NAL USE = RES!bENttAL bEvtLOP- MEW oP PUN At 1N` ERSEcttoN OP So. M1IAMt AvEI, SOI ntxIE HIGHWAY $ tatcKELL AVE. Mayor Ferret We're not on item 8. Mike? Mr, Calhoub: Mr. Mayon, my name is Mike Calhoun, 3029 Brickell. Avenue. Due to the fact that the Cbmtnission agreed to have a re-evaluation or restudy of this area,which is undea way I understand at the present, there have been preliminary meetings, and there are other meetings planned, and this le going on. The people who signed this petition some 25 that were presented at that meeting have named some spokesmen and what have you, and we humbly request that this matter be defer- red pending the outcome of the planning study. Mayor Ferre: Alright, sir. Mr. Portuondo: My name is Alonso Portuondo, 1110 Brickell Avenue. I don't know exactly what the basis for this deferral is, nor do I know what the study in question is. I do know that we began working on this project last August meeting with the Planning Department, Made many adjustments in the process, have been going to Zoning; Board meetings oh for at least 4 or 5 months at this point, have met individually and in group with practically all the residents of the area. We have a strong recommendation from the Planning Board as far as the project is concerned, and it was passed, excuse me, from the Planning Department as far as the project is concerned and we have the unanimous approval of the Planning Board. Therefore, I really see no point in having this item deferred now, especially from a standpoint of course, that it will certainly be a heavy burden on the developer, myself, to have this item pending on some .:study that Bake Sod knows how long to be made. Mayor Ferre: Alright, anything from the Administration staff? Mr. Fosmoen: We have been in contact with the neighborhood as the Commission directed us to. We have listened to the neighborhool's concerns. We have not yet beer, able to resolve whether or not there is a solution to those concerns. We still feel that the proposed development is reasonable, however, we also feelthat there may he some solutions that could be worked out given a reasonable period of time. Mayor Ferre: Well, that's a wonderful recommendation, and I want you to translate it for me. (BACKGROUND COMMENT) What? Mr. Plummer : Defer it. I think that's what he's saying. Mayor Ferre: Is that what you're saying? Mr. Fosmoen: I'm saying that there are some problems that are tie:1 in with this project, as well as the park... Mayor Ferre: Look, just say it in three words. Can you say it in three words without....? Mr. Fosmoen: We need some more time to work with the neighborhood Mayor Ferre: You recommend that we defer this? Mr. Fosmoen; Yes, sir, Mayor Ferre; Alright, thank you. That's all I wanted for the record. Is there further discussion on this item? Mrs, Gordon; I just wanted to ask a question,if Mr. Whipple is here, yes, Mr. Whipple, I asked the other day if you would investigate a situation with regard to the requirement that was a requirement, whether it's still is or not I don't know,that 50 ft. lots in that area were not built to those sites unless they're combined with 40 MAR 1 G 19 another lot to Make a 100 ft. site. _ gave you an instance cf a ifio piece of property on Miami Avt_;lue arts asked you to chez.. out, did you? `.r. Whipple: Yes I did, I h:a'. t been a` l e to :'orr:late the exact building date on it, Lut I do have a date, that I've worked backward and I cannot find any law i.l-ior to 1.9E 1. nor can I find one in the original 6871 which we !'! _)i: to:: it 61 which would do this. I've also done everything I. can to locate a potential deei restriction for this subdivi>irlrt. At•:;w there was deed restrict. - ion in relation to rrdnirn:m cot-t off the house that could go on these lots but there was no :it. , i rt .,'.:.'_ : r: whic h 1 ,F .lu i rt:d at least, let' cay 1[1,000 s, , f"'. , .,r 10(, i t . of t ronta e by which to develop the p opert'v , 5"? to date 1 ha!t nit r nd any ... — r ion ♦ have :1 . t vet t In', 1,,It you're still looking. Mr. Whipple: Yes. .r "h rt:1 1 aTi q.itt-s'.ir t. .Ji. . f...!/1,H.,11 vou with, lh, if the :1•:r1;/ is s t 1 .i in thi.:3 , :rr:v.ii1 . 1 . thin', he may still be here who was refused th( h..1.1.1ing 1,e I, i 1 ,:c, houst_r nrl that particular :_t` t,_tt 1 __ i ,, I ,a 31. ,,.:t, ...'. ij� n ], sold the property to some- wh • i 21,).. the 1 `` , i t . of each property. 1, 1, ... .i ... .. E..3 ,.i .. � �.! ..: ,� 1 t 111.1 J '-:C if w !..: can locate far C: . tia'. 'r:'t 1 _ ) 1 > .att. anything on it. _- : , . t' ."_...,nd itrs ma_ , _. tnd '. _.... h,_1 traffic. n3. may _>n .e1'},3t°ed by the - ts:r;,i lit; th,::.n, you may come purpnFe of ::hnt: the things try n 1 work out some tht neighborhood and thesc unit^ on that I . ��r. .:L' . . .... 1 r:::°!l. :ilf:,•. ' SJ Farr': Thu-' iu a 15 Lilt-. d .:: _,: a ndc. I lii.e. c.a. L a... ••.:r/ _r 1 e.'r :.. :C'. me, I'll i cuogn.ize 'y'.11 in a second. Mayor 1 errt: �.s c;;:Fated, al:'igr.t. 1' ',,? 5 t ♦ your Jrn. MI. Portuo:: :): 7 would have, a t;J11 :,-;R1I1 i sior. if that's feasible. !! .your Ferro: Al rI. fit. , then , I'll tc: 1. 1. you. 1 am going to vote with L:'�'.0 vc- e.., right T and �, t now, therefore t.. _t :tif:r'rtd, 1 want t.� put the vote off until .' t s h . i, ,vf.' ' 1. w;i t d moment, hut Mike you and t':._ others, you kr,‘. , yot. can :leave because you've got three votes on this 2om:l:_soiun, anJ wc'11 defer tilt vote,then, if it's alright with the Ccrnmiss,imuntii we have a full Commission here. Mr. Portuondo: May 1 also ask that it: be specified when by what date the study would be completed, and when my case will be reheard? Mr. i'osrn en: We would ask this be .].aced back on your next Planning and Zoning agenda which is one mon th, sir. 41 Mt. Davis: April the 20th Mayor Ferre: One_month in April. Mr. Davis: April the 20th sir. Mr. Portuordo: April the 20th, under those circumstances I'll accept the partial board. Mayor Ferre: The what? Mr. Plummer: The partial boari1. Mayor Ferre: Oh, oh, I sec:, well. 1 h°2n, call the roll. THEREUPON the foregoing motion to defer item 48 was introduced by Commissioner Plummer, and seconded by Commissioner Gordon was passed by the following members of the Commission: AYES: *Mr. Plummer, Rev. Gibson, Mrs. Gordon, and Mayor Ferre. NOES: None. ABSENT: Mr. Reboso. ON ROLL CALL: Mr. Plummer: Simple mathematics Mr. Mayor, I vote yes. ''.:. Plummer: May I ask the Adm::.nstration since January and rbrlary has passed that March be moved over, do we have April and May? Mr. Plummer: I would sure appreciate it,I... Mayor Ferre: I rather like January and February myself. Mr. Plummer: Yes, but they are gone, Mr. Mayor, we can't relive those days in the past. Mayor Ferre: .... some of ut. live in the past, you know. Mr. Plummer: Yes, I understand. 10. DISCUSSION AND DEFERRAL OF CONSIDERATION TO GRANT PAD LOCATED AT APPROXIMATELY 2450 BRICKELL AVENUE, Mayor Ferre: Alright, let's go to item #9. This is an Appiicay:ion by Jaragua Enterprises. The Planning Department recommended a Denial. The Zoning Board recommended Denial 5 to 2. Four Objectors. Two Opponents present at the meeting. Four Proponents. Are there any Opponents to item 9? Alright, is there anybody in the room here who would like to speak as an Opponent to item #9? The Proponent is recognized. Mr. Rice: I'm John Rice. I'm Executive Vice -President of the company that is identified here as M.rley Realty Corporation, one of the joint ventures of planning development the site at .25th Road between Brickell Avenue and South Miami Avenue, I think it would be useful Mr. Mayor and Commissioners,to take immediate cognizance of that fact that this project appeared before the Urban Development Review Board which was the first step in the process of reaching this form, and the Urban Development Review Board unanimously approved this project subject to seven recommendations which they made in respect to the overall plan ... 42 MAR 16 197$ Mr. Plummer: Excuse me, who approved? :!ayor Ferret The Urban Development... Mr. Mice: The Urban Development Review Board. Mr. Plummer: That's in reference to, not into as far as zoning riMht Mr. Fosmoen? Mr.Whipple: That is a Board appointed by this Commission to consider planned area developments and bonuses in R-CD Districts. Mr. Plummer: Ok. Mr. Whipple: They're a recommending body to the Zoning Board and this Commission. Mayor Ferre: Wait a minute, do they recommend to the Zoning Board? Mr, Whipple: And, this Commission, yes sir. Mayor Ferre: Who is on that Board? Mr. Whipple: Mr. Glenn Buff is Chairman, Mr. Don Forfar, .... Mayor Ferre: What, they're all architects? Mr. Whipple: Mr. Mel Brooks. There are three architects and two landscape architects. John Siymore, and Bill O'Leary. Mayor Ferre: Ok. I understand, I remember now, that's a group of professionals that we appointed that's just there, an Advisory Board. Mr. Rice: Yes sir Mr. Mayor, they are professional people involved in planning, landscaping, design, etc., and did unanimously approve of our project. Now,with that perspective I'd like to call your attention to the property's location. It's at the corner of 25th Road, immediately across the street from the Holiday Inn. It's on the street which is now one of the main accesses to 1-95 coming off Brickell Avenue, passing by South Miami Avenue. The property combines R-3A,zoning and R-1 zoning. On the South Miami side it's the plan of this development to build single-family clustered residential housing, and it's the plan on the Brickell Avenue side to build what we view to be attractive tnwnhnntaa residencee who c), would be compatible with the type of single family residences that now obtain on South Miami Avenue, larger homes for family living. The zenin€ of R-3A,I believe,is a step -child in this city, nobody is proud of it, nobody admires anything that's been built under the ordnance and everybody has been working for several years in the hope that something would be done to create new parameters for the zoning that would obtain on the west side of Brickell Avenue. Unfortunately, for we who own property there this has never happened. I've had several meetings before with the previous Director, several with the new Director and his staff, and always has been that, well, we're working on it and we hope to come up with something. In the,mean- while all we hope to do is to be responsive to things that are brought to us. We have brought several plans before the Planning Department and we have never before had the courage to come before this body. We have it now and we hope that maybe you will be able to give your consideration to the problems that obtain there and come up with some decision that we,as Developers,can operate with. I would point out this fact to you. This site is a heav ly hammocked area and cc -es within the control of the landscaping regulations for tree ordinan2e. And, I think it might be useful for you to take a look at the drawing that we have here that locates all these trees. This is Mr. Luis Dominguez, who is the President of Jaragua and a co -venturer with us in tn.s development... what's happened on Brickell Avenue in developing any housing in,in conforming to the ground coverage 'these developments all appear as parxing .Lots, you see a lot of automobiles out in the open, a lot of cars there. One of the things we've done in this development is to put every oar under 43 MAR 16197 cover. You need not be a builder to know that that costed a lot cf money. And it sometimes isn't very popular. Mayo Ferre: John, would you repeat that statement again, you didn't... Mr. Rice: Yes sir► All of the parking is... Mayor Ferret ..e is underneath.... Mr. Rice. Is underneath the building. Mayor Ferre: You don't have any outside parking? Mr. Rice: No sir. That's an expensive thing to accomplish, and it's sometimes not popular in public forums to mention money, but that's what we are, we're businessmen and what we've tried to do is find a marriage between esthetics and dollars. We think we found one here. Our own company owns a lot of property on Brickell Avenue. We have great plans for developing on this city. The Planning Department is aware of those plans and it would ill become us to be apart of a project here that we think is going to create an image that would reflect ill on the quality of the things that we do in this community. We are proud of the design that we've come up with here. We think that it's compatible with the single family neighborhood that it adjoins on South Miami Avenue, that it will attract residency that's compatible with those single family homes over there. I think the difficulty that the Planning Depart- ment has and,believe me, we're fortunate to have the professionals that we have there. I think sometimes they feel that they're adver- saries in these circumstances but I don't find them to be so in our case. I think they tried to come forth with things that they felt would help us, but basically the problem is one of arithmetic and that's where our problem comes in communicating with the Commission and the Mayor... Mayor Ferre: Excuse me John, why don't you get on with it? What do you mean specifically, what's your problem, what the original... ? Mr. Rice: Well, what we're speaking about here are numbers that involve density, being the number of units that we can build on the overall site and the actual size of the building in square feet that we can build. Now as you know the aerial building that can go up is your FAR your (floor area ratio) it's a multiple or a fraction in this case of the total land area and in these recommendations it's always been recited as to how much more we were looking for and what' that percentage was... Mayor Ferre: John, just get to the heart of the matter. Is the problem FAR? Mr. Rice: The problem is basically FAR, yes. Mayor Ferre: Alright, now what is under R-3, the allowable FAR? Mr. Rice: Under R-3A... Mayor Ferre: I mean R-3A, excuse me. Mr. Rice: It's .5. Mauer Ferre: And how much do have in this project? Mr, Rice: We have .8. Mayer Feriae: And, Let me ask you, is there a bonus for putting cars underneath the apartment? Mr. Rice: T}lt,re again, there is not sir. In the other zoning the paring that we have here. I believe for instance in the R-CB Dist - it -joins across 15th Road, if you had not even 100% of your pawning. I think it's 50`6 of your parking under cover, 44 MAR 16191& rot the average size of out apartments we pick up another = we pick a l bOhus rather about .25 for that , and in respect to the average size that our apartments are above 700 ft, we pick up another .35. Mayor rerre: John, excuse me, but Commissioner Reboso Wants to... Mr. Reboso: Excuse me one moment. Mr. City Attorney, T taint to be absent of this item, since I have been working with Mr. Motley, I want to be absent for this item. Mayor Ferre: You want to abstain, you mean? Youtre going to abstain from voting? Mr. Reboso: I'm going to abstain from voting. Mr. Knox: Right, and the reason has been set forth upon the record I believe. Mayor Ferre: And the reason is set forth, ok. (COMMISSIONER REBOSO LEAVES THE ROOM) Mr. Rice: There has been no bonuses ... no bonuses have been set- up for the R-3A District, and that's another place where we're greatly disadvantaged. In other multiple family zoning districts they start out with a low FAR and then they give you bonuses for open space, for underground parking, for an increased average size of an apartment. If we were to have those bonuses it would be,say, peculiar to an R-CA or an R-5A we would be well above what we're asking to Luild here. I think there's one more point that before you and that is that a .5 density was set with a view to having a two-story building. Let them see a section through the apartment. Mayor Ferre: You said you were going to show us the drawings, so why don't you just show us the drawings now and then we'll ask the Department, so we can move along. I didn't mean to cut your speech short, Mr. Rice, but I think you've made your point and I think we need to get the Department's input and then you'll be asked a question,sir, Mr. Rice: When .5 was suggested,the limit was a two-story structure. We have living space here distributed over four levels and I don't believe that that's the idea of going to four stories is objected to by the Planning Department, but... Mayor Ferre: You don't object Dick on that? !r. Fosmoen: We're not objecting to four stories we assume when there's an increase in height there's a reduction in lot area coverage. Mayor Ferre: I see. Ok. Go on. Mr. Rice: In response to the point about lot area coverage I think that one of the things that has destroyed the beauty of Brickell Avenue is thatwhile the building lot coverage has stayecl within right limits,in effect you've got a paved parking lot out there. The landscaping is ... Mayor Ferre: A monstrosity. Mr, Rice: It's just window dressing. Mayor Ferre: It's unbelievable what's happened, and that's exactly what's happened is that they've just bulldozed every tree down, they've put..„you have asphalt and building and that's it, and two or three little trees sticking out. Mr, Rice: Yes, There's another concern on the part of the Planning Department and that is the fact that this building is longer than 100 ft. run. It's suggested as a limit, Our architects here have chosen instead of building a monolithic building of 100 ft, with a straight facade have broken this building up, although it does 45 MAR 16 1978 go beyond 100 ft, It's broken up here, but again it's a lot che&be to build a building with a solid straight wall of 100 ft, thah 3t is t zrea:- it up in this tttannet,and give it some esthet ds, so what it all cones dow.th to is that we Submit out plan as we think being one that will greatly upgrade the area; being consistent with the single.,family residence thereithat is within almost all the parameters that are set=up how with..eXpecting the one, and that is, that we heed to get that larger building area in order to take this work. I've feet with the Planning Department previously and was told that they flight even consider going to five -story structures, possibly they might go above that. We think this is a nice profile for this side of the street and we think that it'll do the city credit and it will cause the project to get underway here immediately which will range in the area of four million dollars. Mayor Ferre: John, let me ask you this question. If you were not to get this, what would you do with that property, you own it so what are you going to do with it? Mr. Rice: We own part of it and what .... Mayor Ferre: You and the other owners, what would you do? Would you build a smaller project or would you...? Mr. Rice: No, I think if we still continued to do what we've been doing,we'dsit on it for some more time. We've sat on it for several years now, we'd sit on it some more and hope that maybe one day we might be able to get some reasonable treatment out of the combined offices that we,deal with here in the city. If this Commission does not see this as a sensible,reasonable project we'd be willing to be -' responsive to your own recommendations and suggestions. Mayor Ferre: In other words, I guess what I was trying to get at is what you could do there today under R (I always get this wrong) R-3A, is continue to do what's been happening on Brickell, which would be two-story stuff and then you'd cut ... you wouldn't have any of that green area. Mr. Rice: Well, what we would have to do, I mean, we won't do it, what we will have to do is find somebody who will buy it and build it. We're planning to build a new major office building on Brickell Avenue. We're planning to build a high-rise apartment building on the Bay and we're not going to put something up here that everybody saysthere's the class of their work, but I submit this to you,that the only thing that could be built here now in order to build to the maximum density and to build to the maximum FAR are small cottage type apartments, they're incompatible with the neighbors that are contiguous to them on the South Miami side. Mayor Ferre: Alright... Mrs. Gordon: Could we hear from the Department,Mr. Mayor, Ii appreciate it? Mayor Ferre: That's what I was just doing. Could we get the Department's recommendation and input on this? Mr. Whipple: Mr. Mayor, Commissioners, the Department has recommended denial of this item, not only to the Zoning Board, but we have reflect- ed our concern and reluctance on the part to the Applicant's throughout process that we've all been going through; has brought up initially , let us point out that yes, this is a unique site and it is heavily foliaged and as such it has been designated by this body as an Environmental Preservation District. Now an Environmental Preservation District requires additional review with respect to preserving trees and the amenities of the site and natural features of the site and this would be his part of the Urban Development Review Board's assignment when in fact if it's a planned area development or it's up for bonsuses. They recognize that the parking underneath the structure dQes preserve the trees and ,as indicated,have encouraged this underneath building and have encouraged the saving of the trees. Let me talk just for a moment about the floor area ratio, As mentioned earlier the .50 is permitted in the Re3A District at the present time. 46 111AR 161876 The numerous Studies alluded to have been in fast going on in the Bridkell area. The current work involves our consultants LA the . rafting of a hew toning ordinance and making tern t►endati i is as ao toning applications in the .dity. As this particular petition was being prooeased we went to our consultants and we asked them what was the status of this area with respect to their recommends tiots, and their response is or►e,that basically the intensity in term of floor area and density that exist there today and the k-3A zoning was what they feel was appropriate and would recommend be designated for the area in the future, say the possibility of more flexible regulations in dealing with this intensity when the rest of the new regulations are developed, so we're still talking at least as far as consultant's rec ,mmendatior and this departments recommendations in intensity commensurate, with that that is per- mitted in the existing 2-3A zoning district. The .5 permitted is approximately 60% more, the point .80 that they are requesting is 60% more than the .50 permitted. We feel that is an extremely excessive floor area ratio variance which incidentially should be justified by way ofshowing a hardship as to the size and shape of the property that instance does not occur because if they can achieve a .80 as suggested by their plan surely they can meet the ordinance which is .50 and no hardship exists. It is true we have gone to planned area development by which to give the developers an opportunity of flexibility. However, the flexibility that they have seen fit to propose,that being of height and spacing and things of that matter have not decreased any of the other regulationssuch as lot coverage, spacing, and things of that nature. They have simply added, if you will, two more stories on a coverage that is permitted by the exist- ing zoning district. The same 25% coverage permitted for a two- story is being proposed for the four-story with parking underneath We consider this as mentioned,exeessive. We are not bothered by height per se, but we would suggest that as we feel>the intensity -s appropriate, that greater height would be appropriate Let provided the coverage was decreased and more trees were saved. me talk just for a moment,if I may, regarding bonuses. At the Zoning Board level the item was deferred and the Zoning Board requested certain information be provided in addition to what was being provided and also asked that the Applicants. meet with the Department with an eye for reducing the density and the floor area proposed for the project. Pursuant to these meetings,and as we reported back to Zoning Board, the Department felt that due to the uniqueness of the site there was merit for some of the design considerations and some of the proposals that the Applicant was making. Specifically, we propose that based upon the fact that all the parking was enclosed and,incidentally, this is permitted by the R-3A zoning regulations today that parking occur under the building ,that we would consider and recommend a bonus of a .08. Now, that's on top of the base .50 permitted in the R-3A. Secondly, recognizing the fact that they did desire,and we thought appropriate,to provide larger dwelling units, that we would likewise extend the dwelling unit size bonus as we have in other zoning districts in a similar fashion to which we in those districts, which we have applied to this property, we would award a bonus .05. Thirdly, recognizing the difficulty in work involved in preserving the trees of this site . The added effort that will be necessary to construct around the trees in order that they are preserved. We felt their efforts offered and promised are of merit. We recommend another bonus of .05. So in total .03, .05, .05 is a .18 onto the .50 and the Department is prepared and did recommend to the Zoning Board a .68 floor area ratio for the R-3A portion of this site. Mr. Rice: Mr. Mayor .... Mayor Ferre: Alright. John.in just a moment I'm going to recognize you. what I understand you're saying here is you have no objections to going to four floors, you likethe idea of preserving as many as trees as possible. Mr. Whipple: Yes sir. Mayor Ferre:...you think the 120 ft. is too long, 100 ft. would be more reasonable, and you think there's just too much density in the 47 MAR 161916 projects is that so? Mt,Whipple: TOO Much density and too Much intensitys yes, Mr, Mayor. Mrs, Gordoh: How many ur its O ofyour recommendation is the application ? Mayor Ferre: What? Mrs. Gordoh: I didn't get that. I'm sorry to interrupt you, but maybe you want to hear this too. How many units over your recomend= ation is the application units? Mr. Whipple: We did not specifically discuss units Commissioner, we're talking about floor area ratio increments. Mayor Ferre: He told them to drop 16... Mrs. Gordon: Yes, but I'm talking about units. Mayor Ferre: How many units do you actually have in that project John? Mr. Plummer: 72. Mayor Ferre: And you want... Mr. Rice: We have 24. Mr. Plummer: He would be allowed to put in 24... Mrs. Gordon: How many did you say? Mr. Whipple: We were recommending that 16 units be eliminated. Mrs. Gordon: 16? Mayor Ferre: From the 74. Mr. Rice: Mr. Mayor, I'd like to just put some character to the way this question has been put and the way it's been answered. The question was specifically, how many units over are we asking for? Mrs. Gordon: Over their recommendation, I said, that's all. Mr. Rice : Over their recommendation. We're not asking for any over those that are set-up in the current zoning. Mrs. Gordon: No. I just said their recommendation,if you didn't hear me. Mr. Rice I see. I misunderstood you. I would... before I warned you a moment ago that this was a lot of numbers, and while our application was characterized as being one 60% above the zoning of R-3A which again everyone recognizes produce nothing that any- one's proud. The fact of the matter is that now we are, they're recommending 85% of what we have asked for in respect to our density. There's just 15% in density that's separating us, and I submit to you that by virtue of the fact that we are not paving the site here and having cars outside, that the appearance of density will be extremely limited and furthermore, this is what our business is all about gentlemen. 15% can absolutely ruin a person in this business. Mayor Ferre; John, in other words, what you're saying is .., what you actually are doing is you're not building more units, but bigger units, is that why you got in trouble? Mr. Rice: That's true, yes sir. That's true, Mrs. Gordon. Somebody's saying something different, He said one thing and he said another, 48 VAR 161978 Mayor Ferre: Huh? Mrs, Gordon: Are they building more anits than your recommendation? Mr, Whipple: Commissioner Gordon, as you are aware the density litnits of the,established in the k-3A or any other multiple'family district are density maximum. It says that you may, shall not exceed a maximum limit, The maximum limit on this site would be the number of units they proposed. They cannot exceed that. Mrs, Gordon: They would be smaller units then. Mayor Ferre: But they... that's not the point. They could make small units and build 7 or 8 more small units and then you're back to what they do on Brickell Avenue all the time. Mrs, Gordon: Yes. I understand, ok I've got the picture. Mayor Ferre: Look, let me point something out to you really, if I may, even though I don't need to point out, because: you know better than I de, look, Father, if you look iri your packet and you open it up to the back where they have, there's a data sheet which is pretty good. Look at that usable open space, you see that, it's the 1,2,3 from the bottom see, each square foot, ck, it says usable open space. This is square foot per d.u. and that means, what, developer units: Mr. Whipple: Dwelling units": Mayor Ferre: Dwelling units, ok...As I read this, that's 1,715 sq.ft. per unit they're building, ot.;::iow,under the law they could go to 3UU and that's why Brickell Avenue on the west side is a monstrosity. That's exactly the point, and I'm going to tell you after this I'm going to *-.a:ee a motion that that whole area be restudied again, because I think there's just no way in the world ... Mr. Whipple: Mr. Mayor, if I may give you a _ii_fferent parallel to that... .Mayor Ferro: That we should continue perpetrat..ng that monstrosity. Mr. Plummer: I don't have any trouble. I voted against it four years ago. Mayor Ferre: What's that? Mr. Whipple: The development tliat yov. are referring to on the westerly side of Brickell is two-story development,it does cover 25'0 of the lot, it does have a floor area ratio of .5. Now may I jus'.,illusionary here add two stories to that same development, it's still covering the same lot coverage. You've doubled the floor area ratio to a 1.0 which is, this development isn't proposing 1.0, but you're approaching it, and then ask you what we would have. Now, it is true we'll have the trees preserved on this site, but the trees have to be preserved on this site anyway. Mayor Ferre: Usable opened space Dick, that's what I'm talking about. Mr. Plummer: But you're not, see, let me tell you where you fall about Dick, ok? in my estimation, let me quality that since all these brick bats have been thrown around here today. Yes it does., in fact,in- crease the floor area ratio, but it doesn't increase the density. What are we saving? We're sayinc we're giving people bigger units to live in. Now, man I'll tell you something, there ain't nothing wrong with that in. my book. You know, I hate to tell you and tell the Mayor, because I think the Mayor voted the other way, but the record will reveal ., Mayor Ferre: I told you so, is that what you're going to tell me? Mr, Plummer: No, you know, I, when this thing came up with this R-3A, I made the continent then and I have to be corrected now. The comment I made was that in fact what you were doing was putting in 49 MAR 161978 high class ghettos, row housing . My statement now unfortunately5 has c Le that it's not high class ghettos 3 it's about a Mediut .as ghe`to5 and I'm going to tell you something... `layot, retire: .:. T hate to have to agree with Plummer but you wr:re right. Mr. Plummet: ..i it is, I have continuously bugged this planning Department and the Building Department who only Work until. 5:00 o'clock in the afternoon to dtive by this place at night as I do every night and see the horrendous situation in reference to parking that exists. ?es,there is adequate parking there for the tenants. No, there is no space at all for people Who come to Visit the tenants and subsequently you got traffic in the walkways and the pedestrian ways, you've got them everywhere. My friend,I couldn't agree with you more when you cote up with a project such as this, as beautiful as this, you want to give people of this community the opportunity to have a bigger unit. How can we put you down? I don't understand. Now, all I can say to you is I am completely in accord with the Mayor, that to restudy, I don't know is the answer, because unfortunately, many developers have jumped in there and have pretty well developed that area in the R-3A . You know what they used as the excuse, what was it four years ago when they changed this, three years ago, when was it? Mr. Whipple: About every two years for the last six. Mr. Plummer: Dudley Do Right, you know, he wanted to rezone every- thing a cemetary, because that kept it at, you know, minimum security problems. But I said then that this thing is just... their argument at that time was that it was a buffer . It was a buffer between the high-rise of the Bay and the beautiful residential of South Miami. Well,my friend,if that is a buffer I'm going to tell you that it is the worst thing I'have ever seen for one of the prettiest streets that we have in this community, and I just had to say that I stand corrected it is not a high class ghetto. Mr. Whipple: Commissioner Plummer,if I may respond to one point with regard to the maximum density. We have examples, particularly up and down Brickell Avenue where larger size units have been provided and, as a matter of fact, in excess,.. you have some structures that have provided in excess of 1700 sq.ft. units on the average.... Mr. Plummer: Right. Mr. Whipple: ... and they can build and can develop and stay within the floor area ratios and stay within the coverages, the setbacks , and the open space. Mr. Plummer: But Whipple look, we in this Commission are not fighting bigger and more luxurious units. We are fighting density, automobiles, and that kind of a thing. Now ,if you come up and you tell me that this density and by allowing more floor area ratio we're going to allow more units, friend, I'm with you 100%, but we're not. What are we doing? We're giving these people the opportunity to in fact, provide the kind of amenities that the people of this community have time and time again asked for. We're not increasing density. Mr. Fosmoen: You are however, increasing the bulk of the building. Mr. Plummer: I understand that, but do you disagree with the man when he tells you that that area is going to be completely covered with the trees: Bulk is only to the beauty of the eye. Mr, Fosmoen: No sir, one of the basic principles of zoning. Mr, Plummer: What? Mr. Foemoen: I'm sorry, one of the basic principles of zoning is the control of height and bulk? MAN 161978 Mr& Plummer: I agree. Mr, Fosmoen: And, it is not related to sight. Mr. Plummer: But why$ ... Mr. Fosmoen: If you follow your logic, sir, if you double again the size of the units you would permit an 8-story building unit. Mr. Plummer: I didn't say that, and don't put words in my mouth, sir. Mr. Fosmoen: That's where we're headed. Mr. Plummer: That's where you're headed, maybe, and if it is then you're wrong, and I'm sorry to hear you think that way. Mrs. Gordon: I'm sorry I didn't hear his comment. Mr. Plummer: Now, you know, to me why ie bulk objectionable? Bulk is objectionable to me because of what I look at. Mayor Ferre: J. Lt... Mr. :hipple:I'11 use the example, if I may, two additional stories on the existing development we have sir.... :laver Ferre: Plummer. that I cited about putting 11 Mr. Whipple: ... and not even worry about the number of units at that point and time. Mayor Ferre: Plummer, I think it's a question of which way you want to look at it, you know, it's half a dozen of one and twelve of the other. If you want to... it ends up being the same thing. If you look at it from one point of view... Mr. Plummer: Wait a minute, a half a dozen of cne and twelve of the other? >rs. 3:i•do: Yes, that's exactly right. Mayor Ferre: A dozen and one and twelve of the other, you know what I mean. . Mr. Plummer: I'm sure glad that I do, but I want to do business with you. Mayor Ferre: Hey, Plummer... forget all that, and just listen to me for a moment. Yes, this is more density, no question about it,who can argue that? Obviously... Mr. Plummer: Excuse me... Mayor Ferre: But let me finish. Mr. Plummer: Not density. Mrs. Gordon: More bulk. Mayor Ferre: Let me finish,please. Now you can also look at it from another point, you can say well, what in effect they're doing is they're using the same number of apartments that they could under normal circumstances of R-3A and instead of making small little apartments 74, they made them larger, now of course, that increases the density, the question is.,and that's where we'always end up getting into trouble, you know, that's where we always, this will be, I'd rather have larger apartments than smaller apartments, but at what point,... where do we meet this middle ground where the developer can make an economical project and yet we don't go out and rape the land, But I want to tell you this, I don't know, except from what I'm looking at here, and I'm going to tell you that I would much rather have that, Mr. Fosmoen, I would much rather have that than the type of stuff that's been khuilt on Brickell Avenue within the law. Now that tells me two things, forget this for the moment. What it tells me long term is 61 MAR . 61978 that we've allowed, and with all due respects to you,Dick,and the d e; artrrent , you guys perpetuated a monstrosity on us , , w ,.:. I'm sorry. Mayor Fevre: ,.. and we voted for it, including me, thinking it was an improvement. And, what they've built there has just got to be the most horrendous thing that could have possible happened. Nothing eonheworst than what they've done, nothing; you will never talk me i ut o acceptin any one of those projects as being anything but mon ;troy it ie:; if all of them are within the law; and if they can do that, that's wrong `period . Now whether this is right or wrong or not t don't know Mr. Whipple: Or. Mayor, can I ...? Mrs. Gordon: Could I ask a question of you Mr. Whipple? Has the Urban Review Board examined this project and approved it, not the Urban, the Enviornmental Review Board, the one that is supposed to make a recommendation with regard to properties within an Environ- mental Preservation District? Mr. Whipple: The way the ordinances are set up when a development occurs, a planned area development occurs within anEnvironmental Preservation District. Theresponsibilities for Environmental Preservation go to the Urban Development Review Board and the Environmental Review Board does not act on the item. Mrs. Gordon: Oh, why? Mr, Whipple: They did in fact, though, they were invited and did sit in on, I believe one of the initial discussions of the project with the Urban Development Review Board. !ors. Gordon: And what was their recommendation? Mr. Whipple: As indicated they have recommended the project. Urban Development Review Board has recommended. Mrs. Gordon: I'm talking about the Environmental • .. Mr. Whipple: They did not take any action, nor do they have jurisdiction with this project, because... Mrs. Gordon: Maybe not but they certainly are - that's their duty and responsibility to give us a recommendation on the preservation of these particular areas. Mr. Whipple: Well, that is true, but the Urban Development Review Board also does that with specific attention to the environmental features, just as the Environmental Review Board does. Mrs. Gordon: What's the composition of the Urban Development Review Board, not as to names but as to occupations? Mr. Whipple: Three architects and two landscape architects. Mrs. Gordon: And what's the composition of the Environmental Preservation Review Board? Mr. Whipple: There is one,off the top it you will, one landscape architect, there was one landscape person involved with nurseries. There is one architect and there are two at largo, if you will, or something of that nature, Commissioner Gordon, I don't have the exact Mrs, Gordon: Alright. You're very strongly opposed to this on the basis of, is there going to be too many trees removed or what.,,?I know your bulk and density objections . I understand that completely, but are you also in objection to the removal of more trees than they should be, is that part of your objections? 52 MAR 161978 Mr. Whipple: Well, it's not part of our objections. They have shown us a method by which they can preserve the trees and we accent this and we recommend it. Mrs. Gordon: Oh, they will be preserving all the trees that could logically be preserved, Mr, Whipple: That's correct. Rev. Gibson: Mr. Mayor, 1 found it kind of difficult to understand, and maybe I don't always understand, You have six professinhals, is that tight? And they said to you"ok". Now, they wanted six things done and these people did them, isn't that the way that was? Mrs. Gordon: The Urban Review Board? Rev. Gibson: Your Zoning Board wanted 7 things done and you did 6, so that's 12 out of 13, you follow me? Mayor Ferret 'Yes. Rev. Gibson: I want to concede than I'm not a professional In this business. I want to follow Rose's lead ... Mrs. Gordon: Don't push it off on me. Rev. Gibson: Well, I'm going to follow yours because, heck, I heard you earlier... Xrs. Gordon: I asked another question ... Rev. Gibson: The professionals in this case said "ok" isn't that right? Firs. Gordon: There are separate sets of professionals but they have different opinions. Rev. Gibson: But look... the difference is all of these people six, in this number six, all of these people said to us through them, we think this project ought to go. Isn't that what I heard? Mr. Fosmoen you and Mr. Whipple, isn't that what we heard? Mrs. Gordon: Can I ask another question that's relevant Rev. Gibson: No, no, this is relevant. 1;rs . Gordon: No, this is relevant . to your answer. Rev. Gibson: Yes. Mrs. Gordon: Ok, can I ask it so they can answer the two together? Rev. Gibson: Alright, ok. Ok. Mrs. Gordon: If this was... this R-3A has always been a troublesome zoning to me too. I remember saying on numerous occasions the zoning classification of R-3A was in desperate need of some kind of revision. If this was R3 would the bulk and density variations be as severe as they are? Mr. Whipple: Just about in R-3 you're talking about a .60 floor area ratio as opposed to a .50. Mrs. Gordon: Will you still have that problem? Rev. Gibson: Yes, Well, ok, my reasoning was these men and women anyway these six people are professionals, and let's assume that as professionals they have the best interest of this community at heart and if they don't have it you better get rid of them. I don't ;.now if my reasoning makes sense Mr. Mayor?, and therefore, I find myself hard pressed now, you know, in this matter, because if the six professionals, they're going to preserve all those trees you're talking about and I, around here I hear everyday, don't touch those trees, don't touch those trees, Sometimes I just have to wonder about some of them, and then the architects says,well now, and to get 63 R 161978 three architects like three lawyers to agree, I'm just kind of aghast. ,Y,,, May, based Whipple: Father Gibson, if I upon rF y, up your cotr►ents would have to likewise comment that you'll note in the Urban Development Review BoardrrecoTh endation there is no discussion necessarily of numbers, and you might also recognize that the Urban Development Review Board is not a body that is responsible or has to flake specific reootfitlendations such as the Zoning Board, concerning the detailed regulations of the R'.3A zoning district, and as 1 attended the meetings of the Urban Development Review Board 1 might also comment that they did not in any significant way discuss the regulations, detailed regulations of R•3A, that they did concern themselves with the type of trees,with the saving of trees, with the architectural approach of the development,with the siting, with the spacing, and things of the architectural and landscape/architecture field, and they did not,in any hardly at all ,discuss the details or nitty gritty of the R-3A zoning regulations. Rev. Gibson: Alright, let me go a step further then. If you have architects there who would be,in a sense+in your field, wouldn't it be reasonable for me as a lay person to assume that if they said this project ought to fly that they, whether they focalized it or not that there ought to be some basis for that same kind of consider- ation you're talking about because if they were designing the project they would have to do what these did You follow me3 I'm a lay person and what I'm trying to get you to see is I find myself hard pressed when the professionalSand maybe what would have happened is not that these people would have come up with their plan, even though that's not their business, meaning this Board of six people. If it would not be unreasonable to say to them, say, you know you said this project ought to fly. This is what they've come up with, would you say the same thing now? Mr. Whipple: Would I say the same thing ...? Rev. Gibson: No, no, I don't mean you, I'm talking about that Board :'m challenging, that professional Board that's supposed to know a heck of a lot more than Theodore Gibson, you see what I mean? Mr. Whipple: Well, I see what you mean, but let me just comment that the Zoning Board, who works several times a month on these items,did look at it in that way, in that manner. They recommend denial of the proposal. Rev. Gibson: Alright, I'm going a]ong with what you're saying. I understand where authority lies, but let me raise another thing, so that when, you know, let's see, how many Architects are on the Zoning Board? Mr. Whipple: I don't believe there are any,sir. R•ay. Gibson: How many Engineers on the Zoning Board? 54 MAR 161978 1 Mr. Whipple: None to my knowledge, Sir. Rev. Gibson: Okay. Mr. Rice: Mr. Mayor, tray I correct a statement, please? Mayor ?erre: Go ahead. Mr. Mice: 1 believe that Mr. Whipple suggested that the urban Development Review Hoard did not Make any comment abcut the adherence of this project to R-3A. In the last paragraph of the inter -office communication wherein they Make their tecoMMendations i read to youi'the deviations from the strict adherence to the R=3A regulations ate justified in light of the efforts to preserve the greatest number of trees on the site through the architectural design which incorporates added building height and parking under the structure." They did evaluate this, Sir. They did take cognizance of it, and they did recommend that those regulations not apply us. Rev. Gibson: I didn't have mine as definitive as you all, as you, but 1 thought I was trying to, you know.... Mrs. Gordon: You know, somewhere along the way, you know, you have to adhere to a set of principles when you are dealing with zoning and it's never popular, and I'm an unpopular person up here, that's okay with me, but when you're dealing with certain guidelines, if you permit those guidelines to be bent and to be exceptioned then you have to continue to do that because you don't rule because of race, or color, or ethnic origin, or sex, or who you know, or how high price the attorneys are, how charmin they are, how nice they talk, or how good they look, but what is the item and seriously, you have a nice development, but you do have an over intensification of floor area ratio which is the amount of bulk on the sides. Now, it's true you are not going to have any more than the maximum under the law of units but you have a larger size units which means you take up more space and that is where the problem comes in. The amount of space you wish to take up above the legally allowable amount of floor area ratio is a great deal more, I mean, it goes from...even if it was a different zoning as I questioned, because I do have some problems with the R-3A, but even if it was changed to the R-3 it'd be still in excess by 25%. I believe it's my calculation... for 1/3 of the allowable amount of floor area ratio. So, I for one, cannot go along with that concept. I can go along with the idea that you are trying to achieve, which is to put parking under the building and I don't know how great an idea it is to go up higher when this same concept is expanded down to the north because I can imagine that when this extra height comes into play further north, we are going to hear an awful lot from those neighbors on South Miami Avenue, and we have to recognize the fact that when we do something we set a precedent, and we are going to set a precedent if we rule here that we are going to be very sorry about when it moves further to the north because there will be people who will be up in the four story building or whatever looking down into the backyards of people who are in the one story building. And that certainly is not an ideal situation. Mr. Corbato: Mr. Mayor, members of the City Commission. My name is Jose Cor- bato. I'm one of the architects in the project and I would like to address myself to the Honorable Mayor and the distinguished members of this City Com- mission, specially on this occasion to Mrs. Gordon to answer her concerns. I heard here all along talking about figures, floor area ratio, height of the building, density and so forth. One thing, I think is very clear in the minds of everybody, that by following the regulations of the R-3A zoning we are not increasing the number of units. That's clear in everybody's mind, We are allowed to build 65, we are asking for 65 units. Second, yes is true, we are increasing the floor area ratio;: however Mr. Plummer: Oh, 65 of the P.U.D. and then, where does the 72 figure come? Mr. Corbato: No, that's including...and that's wrong, that's including the single homes that we are planning to build on the R-1, that's different. Mr. Whipple; There are 7 single,.,. Mr, Davis: This entire area, the R-1 portion on Miami Avenue and the R-3A portion on Stickel' Avenue were included in the PAD. There are 72 units in the entire area including both segments, the R-1 and the R-3A segment. 55 MAR 161978 1 M.r.Whipple: 62 which occut in the 11=3A pottion of the site:.. ot 650 l' 1 sty. Mr. Corbato: Okay, so we ate hot ekceeding what the RA-3A regulation allowed us and we ate not exceeding what the Ti=regulation allowed uS also, because we are building... ot proposing to build ohe single home pet individual A=1 lot that ate oh the South Miami Avenue. We ate hot requesting additional number of chits, is that clear? Mayor Ferre: Yes. Mr. Corbato: Okay. The other statetent, Yes, is true we are requesting ah ihctease of the floor area ratio. However, by going to a scheme, to a design that combihes three stories and four stories structures, as you cah see on the section,=mot don't khow if the sectioh is there.— the pcittion of the development that faces the backyard of the 11-1 units or the R=1 lots ate only three stories high because we have a slope roof and we have only three stories oh the teat of the property as opposed to four stories oh the front of the property facing Brickell Avenue. t want to say also that wheh you look at the floor area ratio you have to look at the densities already discussed --we are ohly increasing a number of units. Now, wheh you look at the floor area ratio you have to look at it also on the context with the height of the building and the usable open space and the lot coverage. Okay? We are adopting the scheme that combines, as I said before, three and four stories structures. We are not increasing the lot coverage and we are not decreasing the usable open space, on the contra- ry the law says or the ordinance for the R-3A zoning requires that you provide a minimum of 300 sq. ft. of usable open space, that means green areas, for every unit that you provide. Mayor Ferre: Are you providing 1,700.... Mr. Corbato: We are providing 1,700 per unit, almost 6 times what the re- quirement of the R-3A unit is. How we do that, how come we don't increase the lot coverage? We are giving more open space with just by going higher three floors and I would like at this time to mention, if the Mayor allows me.... Mayor Ferre: It's 6:00 o'clock and that's why I am.... Mr. Corbato: I have 10 more minutes.... Mayor Ferre: No, it's not 10 more minutes...we've got about 5 items to cover in 10 minutes and then we've got a 6:00 o'clock hearing. I haven't had lunch and we are not going to have dinner. Mr. Corbato: if you allow Mayor Ferre: Mr. Corbato: Okay, I just want to read you a quote that says that" the intent", me, "the intent, of the...." My stomach thanks you. .... no, if you don't allow I will.... Mayor Ferre: Go ahead. Mr. Corbato: It's all right I was going to mention also regarding the Urban Review Board which was also to clarify or ratify what Rev. Givson has in his mind.... Mayor Ferre: Listen, if it makes you feel any better, I agree with you. I don't know whether I'm just one vote or one voice in the wilderness; we'll see. Plummer, are you around? Hr. Plummer: Mr. Corbato: Mayor Ferre: No, I'm not. Can I quote two persons? Quote two persons. Mr. Corbato: Two only. One person, a member of the Urban Review Board,Archi- tect Willy Borroto, who probably you all know very well, he is an outstanding architect in the community, He said on that Urban Review Board meeting when this was approved and this is "if I would have the opportunity of doing something on that site I couldn't have done anything better", And there is nothing more rewarding for an architect than to hear those comments or that comment from another architect. Mayor Ferre; Are you the architect? Nr, Corbato; Yes, Sir, Now, the other comment I want to rake is the fact that we have virtually no Apposition from the neighbors in that area, and 56 1? MAR 16' 78 furthermore, there is a very outstanding voice in the coitdnunity who is Mts. Zeltna Alexander, she is one of the neighbors, unfottunately she is how in Europe, I hope she is having a good time thete, she said she was going to Florence: Before going thete, she granted us authorization to use her Words which were "f know sooner or later something is going to be developed thete and of all the projects f haVe been this is the one 1 would like to see built there". Mayor Ferret bid she vote for or against with it? Mr. Corbato: No, it didn't go before her... but she was present on the sessions of the Urban Development Review Board when this was approved and she was very instrumental in the whole thing. Mrs. Gordon: Mr. Mayor, may 1 just make a short comment and 1 really don't want to belabor this thing any longer but when you set a precedent, you set a precedent for more than one piece of property. You set a style, you set Something that is going to follow and other people rely upon that for their application. Now, your application, as you described it, it's going to come up and leaves open space, and park underneath but you're still going to have a higher floor area ration than is permitted. The next guy down the street, he doesn't want to go up higher or whatever; or he will go up higher, whatever-. His floor area ratio, permissible, because he'll point to you and say you got it, will be the same. So, therefore, in effect we will be changing the zoning in this area without changing the zoning that we are going to really be doing havoc to a neighborhood. I believe that we ought to --at least, if nothing else - send this thing back to the planning Department for... not particularly, I don't know, I honestly don't know how we are going to handle your situation because I think that without me you may just get it anyhow, it doesn't matter, but there is a problem here and I think maybe the R-3A ought to be re -studied with something that should be more suitable and compatible for the neighborhood. Mayor Ferre: Mr. Whipple, let me ask you this, does R-3A go from 25 all the way to 15 Rd? Mr. Whipple: Not at the present time, no sir, there are... Mayor Ferre: What part does it.... Mr. Whipple: Well, it goes roughly halfway, Mr. Mayor, it goes on up I would say about another length and a half, there is a gap there, there is a small piece R-3A and then the remainder on down is R-1. The Zoning Board at the last meeting turned down an application down closer to 15th Road for R-3A. Mrs. Gordon: They turned it down? Why should... You mean they want to keep it R-1? Mr. Rice: Yes, Ma'am. Mayor Ferre: Brickell Avenue? Mrs. Gordon: Well, I think I might... I think I can tell you why. Mr. Rice: Mr. Mayor, one final statement. This is a planned area development. It's unique, it's the largest assemblage of land in the R-3A and R-1 between 25th Road and between 15th Road. There are no others approaching this holding. Anyone coming before you would have to come up with the same circumstances to justify the same treatment; and finally, I believe that if you were to give it to them, you'd be proud of the result. Mayor Ferre: All right, what's the will of this Commission? Mrs. Gordon: To the planning Department, do you have a recommendation that, you know, this Commission could consider besides the one you have given us? Is it any other recommendations? Mr. Fosmoen; My understanding is that the number that are before you from the developer are exactly where they started out at our first meeting with the developer, I frankly have to say that it would do no good at all to sent it back to the department. Mxs, Gordon: Okay, I didn't really mean this application, 1 meant the entire strip, Mr, Fosmoen: Our recommendation is as we stated, that it be approved with 16 units less, We think that is a reasonable compromise, �7 MAR 161978 trs. Gordon: Okays I would agree with thatjif the developer cannot live with it,that't another story. Mayor Perre: Can you live with 16 units less John,that is the question being asked. Mrs. Gordon: Will you build the project, will you proceed to build the project? that's the question. Mayor Ferret With the 16 units less. Mr. Corbato: No, sir. It's impossible, it is not feasible because that is a very expensive land. Mayor Ferret How many units less could you build? Mr. Corbato: We miont be able to reduce 4 or may be 5 units and still be feasible. Mrs. Gordon: Go back to the Planning Department and work out a lesser number of units with them, ha..ha..ha. Mayor Ferre: I'm not going to make any comments,believe I'm not going to touch that at all,I don't want you to feel that I want to say anything. Mrs. Gordon: You know, the other reason I said that is that he's agreed to 4 or 5 units less and I don't know, maybe he'll go more than 4 or 5 and you get them back when he sees the mood of this Commission. Mr. Luis Dominguez: The matter is that we are trying to have a unique develop- ment there not to follow the trend that I don't think anybody is proud of. Mrs. Gordon: What was you name, sir? I'm sorry. Mr. Dominguez: Oh, I'm sorry,Ma'am, I'm Luis Dominguez. Mrs. Gordon: Okay, Mr. Dominguez, I just want to say, I'm not going to vote with your application as you have it planned,here before me, I can't, I just can't. Do you want to take?.. well, you know. t:r. Corbato: be. We don't even know what the cost of building it is going to Rev. Gibson: Hold it, hold it a minute. Yes, sir, let me hear it, because I want to make a suggestion, go ahead. Mr. Whipple: Father Gibson, if I may,let me correct one point here at this. Our recommendation stated a 16 units reduction of the average size that they were talking about. When that initial recommendation was made, it was made based upon a .50 R-3A permitted floor area ratio . I stated before you at the onset of the meeting that the Department was willing , our head recommended to the Zoning Board, that a .68 floor area ratio be granted. If you were to roughly translate that which I've done very quickly, it would be about 10 units less than what is being.... Rev. Gibson: Mr. Mayor, I want to make a suggestion. Plummer accuses me of being the great compromiser up here. Well, okay, that's all right. I'll buy that. Mr. Mayor, I want to postpone the action, send these people back and come to some reasonable talk, solution and.,. I think you will work it out. t=s. Gordon; You're getting closer together, he is at 10 now... Rev. Gibson; Man, you are much closer now than you've been. Mrs. Gordon: .... And you said 5 less.,., Rev. Gibson; I move you, Sir, Mayor Ferre; Father Gibson moves that this item be deferred, Rose Gordon seconds it, Further discussion, Call the roll. 58 MAR 161978 THEREUPON the foregoing motion was passed and adopted by the following Vote: AYES: Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Cotitrtiissioner J. L. Plummer, CI. ABSENT: Vice Mayor Manolo Reboso ON ROLL CALL Rev. Gibson: Why did you say no, Plummer? Mr. Plummer: Deferred until April 20th meeting. I like all of these people comfortable. Mr. Davis: Deferred until the April 20th meeting. Mayor Ferre: A11 right, and I vote yes to give you an opportunity to go back. And while you are at it, would you look at the other couple of hundred feet left of R-3A? I'm amazed that that whole strip on Brickell. Avenue is not R-3A. I really thought it was all the way down to 15th Road. Mr. Fosmoen: Is it a one month deferral? Mayor Ferre: Sir? Fosmoen: One month deferral? Rev. Gibson: Now, where is that gentleman? I,uok, we stipulate in time? You better come up here.... Mrs. Gordon: Yes, one month I guess. Rev. Gibson: Where is that gentleman? Tell hint to come on up to this microphone. Mr. Dominguez...we are talking about... he said, would a month do? You better talk now, a month is too long? Or is it. Mr. Dominguez: It is really because we have been with this since July of last year. Mx. Plummer: Mr. Dominguez, that's what you call an offer you cannot refuse. Mayor Ferre: Because if you refuse it, you're going to yet nothing and if you hope.... Mr. Dominguez: Oh, oh, oh, well, no, no,.... Rev. Gibson: All right, within 30 days, okay? Mayor Ferre: In the meantime, would you look at Brickell Forest and see how far we can extend the Brickell Forest? Mx. Fosmoes: The real forest? Mayor Ferre: What I really mean is that I think we've got tore -think R-3A and we've got to re -think Brickell Avenue. Mr. Plummer: Thank you, Robin Hood. 11, DEFERRAL OF CONSIDERATION TO CHANGE ZONING CLASSIF1CATION AT 2526 S.W. 6 ST, FROM R-L TO ,-4#, Mayor Ferre: All right. Let's on item 10 First reading Ordinance application by Jose Dominguez to change the zoning for approximately 2526 S.W. 6 St from R-1 to R-4. Is the applicant here, Is Mr, Dominguez.,,? Mrs, Gordon; While they are coming up, way I ask Mr, Fosmoen, if he would consider it logical to proceed to have the Planning and Zoning boards make a MAR 161978 recommendation for a change from that 11=1 to something suitable froth 15th Road of else we ate going to code in with something really, you know, that we don't like, Sottiebody Might code in with a wild one, Mr, Fosmoen: Okay. Frankly, we are getting so close on the recott endations from Bair/Bartley and the taps and the,,,, Mrs, Gordon: Are you? Mayor Ferret On what? On what? Mr. Fosmoen: On the consultant study, You know, we are getting so closed on the consultant study that if we initiate a whole study of that area, we are just going to muddy the waters. Mrs. Gordon: You don't want to do anything right now. Okay, fine, we'll hold off on that. Mr. Davis: I don't think the applicant for item #6 is present. Mayor Ferre: All right, now, wait a minute, you're going to hold off...? You are going to hold off on the whole Brickell Avenue? Mr. Gordon: No, he is not going to hold off on this application. Mr. Fosmoe: No, not in this. Mayor Ferre: No, no, but that's not my point. I think that that whole Brickell Avenue really needs a lot of thinking. Mr. Fosmoen: I agree, sir, and what I'm saying is that we are getting so closed on the Bair/Bartley recommendations which are not only the texts, but the map as well. Mayor Ferre: Including Brickell Avenue? Mr. Fosmoen: Yes, Sir. Mayor Ferre: But is that for the whole City? Mr. Fosmoen: Yes, but it will cover Brickell Avenue. Mayor Ferre: Okay. Mr. Plummer: I move that item 10 be deferred. In anyone here on item 10? Mayor Ferre: All right. There is nobody here on item 10. Plummer moves, Gordon seconds the deferral. Call the roll. THEREUPON the foregoing motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso NOTE: Vice Mayor Reboso re-enters meeting. Commissioner Rev. Gibson re-enters meeting. 60 MAR 161978 12i OVERRULE DECIgIDN OE ZCNINC PoARD AND PLANNING DEPARTMENT BY GRANTING A VARIANCE TO PERM II T CoNSttR,UCT I aN 6E A s I NGLE FAMILY REs I DENcE AT NW, CORNER S,Wi 17 T RRi AND 14 AVENUEi Mayor ?erre: Item 11 has beeh deferred. 12 is an appeal by Pedro Acosta. is Mr. Acosta here, item #12? Is Mr. Acosta of item #12 here?the Zoning board denial of Variance to permit construction of a single family residence at the N.W. corner...you got the snap oh it? Oh, yes, this one is a lulu... Where did Gibson go? Mr. Whipple: This is a situation, Mr. Mayor, whereas you can tellithere were two...there was a property, a little house, of two lots --on lots 13 and 14 originally-•- and the house goes over on the lot 13 to some extentiimpinges on it a little bit. The law permits a lot line adjustment of 10% of the lot Width with no public hearing. He could not clear the impingement on the house with the normal 10% lot adjustment. Therefore, he asks for a variance of 10.7%, 6 ft. more than the normal width to create the new parcel which is on lot 13. The Zoning Board denied this 4 to 3. Mr. Plummer: Are the objectors here? Are there any objectors on item 12? Mayor Ferre: In other words, let's see, the side yard...in permitting a 10.7% 6 ft.lot line,the Zoning Board denied 4 to 3. There are no objectors present, right? Mr. Plummer: Mr. Mayor, I don't see anything seriously wrong with this. I move for its adoption, we are talking about a 6 inch difference. Mayor Ferre: You are in favor of it. Mr. Plummer: 6 inches, Mr. nayor, that's the difference we are talking about. Mayor Ferre: A11 right, Plummer moves, Gibson seconds. Mr. Plummer: 6 inches. Mrs. Gordon: Is that really what we are talking about, Mr. Whipple? Mr. Plummer: Yes, 6 inches. Mayor Ferre: It's .64 ft. that isn't quite 6 inches, it's more than 6 inches. Plummer you are wrong. (UNIDENTIFIED SPEAKER): The fact of the matters is that if this Gentleman cuts 4 inches of the existing home, there would be no reason why he would be here. Mayor Ferre: Point six four?... .64ft. is more than 6 inches,it is about 7 inches. Mrs. Gordon: To the Department, is that a fact? Mr. Whipple: That is true, Ma'am. Mrs. Gordon: Is that a fact? Is this a difference of inches, 6 inches, 7 inches, lD inches? Mr. Whipple: I'm sorry, Commissioner, I did not hear that. Mr. Davis stated the appropriate problem with respect to adjusting a lot lines another 6 inches would be needed. At the Zoning Board level I might note that they had deferred the item and recommended that he moves the unit 5 ft. further to the east which would then provide basically 10'6" between the two structures which would be a normal setback. The plans are attached to the approval then that would be the spacing. Mr, Plummer; I move for its approval. Mayor ?erre; Plummer moves, Reboso seconds, I mean, Father Gibson seconds. Further discussion. Call the roll, 61 MAR 161978 The following resolution was introduced by CotfMiSsiohef J. L. PiUM et, Jr, who droved its adoption: RESOLUTION No. 78,181 A RESoLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 3(2)(a), TO PERMIT CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON LOT 13 LESS W6', BLOCK 10: SEVILLE (12.,68), BEING N.W. CORNER OE S.W. 17TH TERRACE AT 14TH AVENUE, AS PER PLAN ON PILE, WITH A 10.5' STREET SIDE YARD (15' REQUIRED) AND PERMITTING A 10.7% (6') LOT LINE ADJUSTMENT (10%-5.6' PERMITTED), CRE- ATIt3G A PARCEL 45.42' X 109.17': ZONED R-1 (ONE FAMILY). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Rev. Theodore R. 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. 13. GRANT CONTINUED WAIVER OF DEVELOPMENT OF 61 OF 309 OFF-STREET PARKING SPACES LOCATED AT 600 P.W. 10 STREET. (FIVE YEAR REVIEW). Mayor Ferre: Take up item 13. Item # 13. Mr. Plummer: What is this, just to renew it? Mr. Whipple: This is the renewal. The Building Department inspected the property and found no problems. Mr. Plummer: How long was the last condition? One year, two years, three years. Mr. Whipple: Two years, Mr. Plummer. Mr. Plummer: I move it with the approval of five years. Mayor Ferre: Wait a minute. Mr. Plummer: Review in five years. Mayor Ferre: Anybody disagree with that? There is a motion. Is there a second? Rev. Gibson: Gibson seconds. Mayor Ferre: Further discussion. Call the roll. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption; RESOLUTION NO. 78-182 A RESOLUTION GRANTING AN ADDITIONAL ONE-YEAR WAIVER OF DEVELOPMENT OF 61 OF 309 REQUIRED OFF-STREET PARKING SPACES SUBJECT TO A FIVE YEAR REVIEW, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 2(6), LOCATED AT 62 OAR 161978 APPROXIMATELY 600 N.W. 10TH STREET, KNOWN AS TRACT "C+' , COWER PART: Sufi NO. 1 (98-12) , IN CONJUNCTION WITH 151 TOWNHOUSES NOW UNDER CONSTRUCTION ON k0U.b. PROJECT FLORIDA 5-49, ZONED Rio (MEDIUM DENSITY MULTIPLE) bIsTRICT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Rev, Theodore R. 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. 14, GRANT ONE YEAR EXTENSION OF VARIANCE: TWO-STORY DUPLEX LOCATED AT 126-128 N.E. 76 STREET, Mr. Plummer: Mayor Ferre: discussion. I move 14. No problem with the Administration? Plummer moves 14, Gibson seconds.For one year, right? Further Call the roll. The following resolution was introduced by Commissioner J. L. Plummer, Jr. who moved its adoption: RESOLUTION NO. 78-183 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTIONS 3(2)(a)(b), TO PERMIT CONSTRUC- TION OF A TWO-STORY DUPLEX RESIDENCE ON LOT 1, BLOCK 5, ROSELAWN PARK (9-121), BEING 126-28 NE 76TH STREET, AS PER PLANS ON FILE. WITH A 5' SOUTH SIDE YARD (9' REQUIRED) AND 10' NORTH SIDE YARD (15' REQUIRED); ZONED R-4 (MEDIUM DENSITY MULTIPLE), GRANTED BY ZONING BOARD RESOLUTION NO. ZB 144-77. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Rev. Theodore R. 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. 63 MAR 161w7e , GRANT ONE YEAR EXTENSION OP VARIANCE! WAIVING 3OP 5 O STREET PARKING SPACES L ATM AT 3801 N. 1ST AVENUE, Mayor Ferret We are on 15 how? Mr. P1uMMer: 1 tnoVe it. The Administration indicates there is no problem. Mayor Ferret There is a motion by PlUt er► seconded by Gibson on item 15. Ca11 the roll. The following resolution was introduced by Cotnmissioher J. L. Plummer, Jr. who tnoVed its adoption: RESOLUTION NO. 78-184 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF A BUILDING TO BE USED FOR WHOLESALE SALES ON . LOTS 21 AND 22 LESS WEST 13', BLOCK 1; COMMERCIAL BUENA VISTA (14-56), BEING 3801 N.E. 1ST AVENUE, WAIVING THREE OF FIVE REQUIRED OFF-STREET PARKING SPACES, SUBJECT TO PROVIDING THREE OFF -SITE PARKING SPACES WITHIN 300' OF SUBJECT PROPERTY AND RECORDING COVENANT TO RUN WITH THE LAND, AS PER PLANS ON FILE; ZONED C-5 (LIBERAL COMMERCIAL), GRANTED BY ZONING BOARD RESOLUTION NO. ZB 161-77. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Rev. Theodore R. Gibson, the resolution was passed and adopted by the following vote: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Commissioner (Rev.) Theodore R. Gibson Vice Mayor Manolo Reboso Mayor Maurice A. Ferre AYES: NOES: None. 16, DEFERRAL OF ACCEPTANCE OF PLAT - "MARANTHA," Mayor Ferre: Now, on 16 that's Secoffee, Rose, Mrs. Gordon: You better let that one go later when the.... Mr. Whipple: This is outside the area affected by the change of zoning, Mrs. Gordon. Mayor Ferre: What? Mr. Whipple: It's outside the area affected by the change of zoning. Your copy of the plat is in your package. Mx. Fosmoen: This is a split of a 20,000 sq. ft. lot to two-10,000 sq. ft. lots. Mrs. Gordon: You have another item coming up later also.... Mayor Ferre; Do you want to defer this until then? Mrs, Gordon: ,,,,why don't you let both those things come up at the same time,seems logical to me, 64 MAR 161978 :Lr, Plutt et: Well, just for the record, Rose, and I want you to know that on this item 18, which we have an injunction pl.a,.ed against us prohibiting us from hearing that this evening, I'm likewise going to trove that 1.9 be deferred until such time as it all can be heard at the same time. Mayor Ferre: Wait, Wait, wait, we are on 16 now. Mr. nutter: I understand but that's tied in with 16.... Mayor Ferre: Are you making a motion on 16? Mr. Plummer: I will make a motion with 16 that it be deferred. Wait: a Minute, excuse me, no, wait, wait, I'm sorry. Mrs. Gordon: Okay, :'ll move to second that. Matyor Ferre: This is a plat. Mrs. Gordon: Yes, but it's the whole area is all involvid In cor,trover.y° and I believe that we ought to, you know, defer this.... Mr. Plummer: I move item 16 be deferred, 1s the ap,71icatn hire'.'.... Mayor Ferri: Is there a second? Mrs. Gordon seconds. Mr. Plummer: .... 1 want to talk with ttn. applicant. Mayor Ferre: Please, further discussion on item 16. Mr. Fosmoen: Yes, Sir. I think obviously the Commibt= ion cnn defer. i think we need to understand that R-18 zoning provide_, for a minimum lot =iz•_ of 10,000 sq. ft. We have a piece of propert., that's 20,MO oa. it. person is asking for a lot split within the constraincs of the exitingi zoning ordinance. I'd be curious to know what the City Attor.tt>v ways about hot ability to accomplish that. Mrs. Gordon: I want to ask you a question. Mr. Plummer: Well, 1 want that person herd in i r,,t,t ,ire IA. Mrs. Gordon: I want to ask you, Mr. Fosmoen, Just briefly, vervquickly. 1 looked at the plat of it and, of course, chore is a cut•vlrittc on `11o: corner which does cut off from the size of the lot. Do yuti or don't i. a tint the diminished square feet within lot because of tha,? Mr. Fosmoen: I believe they're still neet..ing the requirent tit: of the ordinance. Mrs. Gordon: I don't think so. There re is no 10,000 left i;. th:,tc. Mr. Davis: I don't have the plat in front of me, Mrs. Gord:,t,. Mayor Ferre: Ladies and gentlemen, we have a motion on the floor. I:, further discussion on a motion by Commissioner Plummer, seconded hf C i,i.rssi.aner Gordon? Other than the fact that it is illegal, 1 have no r.hje:;tions. Mr. Plummer: What's the illegal? It's not illegal, don't say things like that. Illegal is a sick bird... I have some questions to ask of the applicant. Yes. Mayor Ferre: Ca11 the roll. THEREUPON the foregoing motion to defer item #16 was introduced by Com— missioner J. 1,. Plummer, Jr. and seconded by C.omnissioner Rose Gordon was passed and adopted by unanimous vote. ON ROLL CALL Mayor Ferre: 1 am going to vote so that Mt. Plummer will be able to sexy the applicant before us so, because of that i vote yes, 65 MAR 161978 16 1 ;EFERRAL OP ITEMS 18 OM 19, Mayor Ferre: Ail right. d. L. Plummer moves and Rose Gordon seconds it... - items 18 and 19 be deferred== it's that what's you are going to move? Mr. Plummer: I'M going to move it, yes, Sir. Mayor Ferre: All right, and who's going to second it? Mr. Whipple: 19 would have to be deferred to get it at 7:00 o'clock because it's not called until 7:00. Mayor Ferre: So, we'll wait till then. It's that what you mean, we are going to wait till 7:00 here? Mr. Plummer: I'll be happy to...I'll be asleep but I'll be happy. Mr. Whipple: We can afford all the people, if you wish,that are here. There are maybe people here waiting on both items. Mrs. Gordon: We can't really do it till 7:00 o'clock, J. L. Mr. Plummer: Oh, 18 were prohibited, I'm not going to defer that, the Court Order is going to speak to that. Mayor Ferre: Ladies and gentlemen, those of you that are here for items 18 and 19, they will not be heard tonight, so if you would like to go back to your homes, and..we would like to do that too. What we have left to do, what we have here is item 17. Mr. Plummer: No, I've got an item to bring. Mayor Ferre: Do you want to bring it up now? Mrs. Gordon: I don't have a zoning item, Mr. Mayor, but if you'll allow me when the appropriate time comes, I'd like to offer this Declaration for consideration... Mayor Ferre: So let's get 17 over with so that these people can go home. 176 % t HtARING AND APPEAL tY NEIGHWAHOOD OtACTORS AND GRANT VAR t ANCE Pal CONSTRUCTION OP 81-UNIT APARTMENT BLDGi At 801 VENEt t AN WAY, MA eit t'ertnf ts. tha abplicant hete? Just out of curiosity, is Southeast bistribut- ots related to Southeast Bank? tfNIDENTflIED SPEAKER: No. Mayor Ferre: You just like the name Southeast, is that it? t. tIbENTIFtt b SPEAKER: Yes... Mayor Ferre: Anything that has Southeast you represent. A11 right, Mr. La Casa. Mr. Todd Aronovitz: Mr. Mayor, this is an appeal by the neighbors from the rul- ing of the Zoning Board. Mayor Ferre: So it's your turn, I get you, so you're the one that goes to bat first, right? Mr. Aronovitz: Yes, sir. Mayor Ferre: Thank you for correcting me. Go ahead. Mr. Aronovitz: Mr. Mayor, Todd Aronovitz, Suite 1102 Ainsley Building, Miami, Florida. I'm representing Mrs. Virginia Silverberg whose address is 831 North Venetian Way. This particular lady owns the property immediately adjacent to the Willark Apartment Building which is the subject of the zoning hearing. The Zoning Board ruled in a 4 to 3 vote in favor of the proposed variances. I would submit to you that the residents, each and every resident of this very small neighborhood has either signed a petition or is present this evening, some of the people could not be present. They are uniformly in opposition to the variances that were granted. These are long time residents, these are long time taxpayers and they are here today because they feel they have a very import- ant matter to be determined by you. The approval of these variances would cause a dramatic and a drastic change to an area that is strictly residential in nat- ure and if we can review the variances at this time, the first one pertains to a 23' side yard setback. Three of them have to do with setbacks, the fourth has to do with the Floor Area Ratio. A 23' side yard setback was granted whereas a 45' sideyard setback is required. This is almost splitting this particular setback in half. The second one is a very important setback requirement and that has to do with a 5' setback requirement off of Venetian Causeway. In other words this is the setback that would be just north of the Venetian Causeway. My personal opinion is that to allow a 5' setback right up against the causeway like that, you have a main artery between the City of Miami and Miami Beach and to allow a 5' setback on an area like that they might as well build right up to the property line. At some day in the future they're going to have to replace Venetian Causeway. When they do go to replace the causeway they're not going to replace it with a two-lane road they're going to be replacing it with a thoroughfare that will be at least four lanes. When that happens the fact of the matter is they will not have room because this effectively encroaches upon the existing easement. I honestly cannot see how this particular variance, the 5' setback,could be granted this evening, obviously it was already granted but I feel that we're here for the review of the Commission. There is one other setback requirement having to do with a 50' setback requirement where 70' is required. The fourth particular variance which was granted had to with the Floor Area ratio. What they're trying to do is to build a building that is just too large for the lot that is existing at this time. They're trying to do it with a 1.510 Floor Area Ratio. That just is too large. Right now the maximum under the Comprehensive Zoning Ordinance that is allowable is 1.10. By building a building that is that large they're just over -building on an existing property. I would say that the granting of four variances for a piece of property this small is just contrary to the Comprehensive Zoning Ordinance, I don't know why we have zoning laws if you have to come in for a Variance, and as I noted on the agenda tonight,it said "a" variance, actually it is four variances that were granted and that's just too many for one piece of property, I think that the impact on this roadway, North Venetian Way, I remember Father Gibson said at the last Commission Meeting that he had already been out to the property and he knows and I'm sure that you've all seen the property, you know that it is a public thoroughfare but it is private in nature, There are no sidewalks, it is a thin, narrow street that is strictly residential in nature. At one of the very first Zoning Poard Meetings,one of the neighbors who lived right on the corner as you enter off of Venetian Causeway said that right now when a school bus, just one school bus,enters onto North Venetian Way it causes great commotion because 66 MAR 1t 197b they don't have enough toot to negotiate the tutu, they're required to go up onto the Curb at this particular neighbor's hotne. Can you itttagine what it will be like whet whet they have dump trucks and concrete mixers to build the property with, stool buses, taxicabs, aMbulances?,I don't know how they'd get fire trucks in thete. But what is going to occur is with the consttuction of this ntticui.At hnild= ing as subritted this evening they are going to ovetbuild on an existing piece of property and it is going to dramatically change the existing nature of this community. The planning Department has recommended a denial, I would be very interested in hearing their cotntehtt this evening because they ate the profession.. al staff and uniformly they have stated that this should be denied, The fact of the Batter is that when they submitted this application to the board and how that they're submitting it to the COMmission, they appeared at two Zoning Board hear- ings, one time it was deferred that's why we had two Zoning Board hearings. At neither one of the Zoning Board hearings, and I assume that this evening it Won't be any different, the petitioner at that time, the developer, did not establish a hardship. He has not even raised the question of whether or not there is a hardship of any kind at all. The only hardship that has been raised is that there is an economic hardship that by being required to build the building that is zoned right now they would suffer an economic loss. The law in the State of Florida is uniform on this point that they cannot raise this, it is not a valid argument to say that they're going to suffer an economic hardship. What they have to show is some other type of hardship and I would say to you tonight that if you listen carefully when they present their position you will not hear anything having to do with a hardship. I would submit to you that the variances that are being presented tonight could not be granted because they cannot estab- lish that there is any hardship whatsoever. If you listen closely you might hear a discussion of hardship but there is no true hardship that they can show. I would also ask for a brief rebuttal but when you are listening to the presen- tation,you'll see that the developer, the architect, the engineer will show you a very beautiful rendering of what the building will look once it is constructed but the fact of the matter is all this has to do with is showing a bright,shiny, new building which is going to enhance the City of Miami. I would submit to you that that is not the relevant issue, the fact of the matter is in order to grant the variances they have to show a hardship and they have not shown any hardship at all. I would say that the congestion that is going to be caused by the con- struction of this building and the people that later live in the building will depreciate the area. I think ultimately it will depreciate the tax rolls as these homes in the area will not appreciate in value because of the construction of this building. I think it is also very important for you to remember that in order to allow them to build this building here with its proximity to downtown Miami, to Plaza Venetia, to the causeway, this is going to be the landmark that will set a precedent for future development along the islands. I know that you're very conscious of the quality of living and I don't honestly feel that this is type of construction that you want to see in the future. If you also review the plans as to what they intend to build on this property, it is not a gigantic piece of property. They are attempting to build a swimming pool, tennis courts, a parking garage and a building itself not in height but in width, the massive structure which is too large for the existing piece of land. I would also sub- mit that whenever you have to come before a City Commission or a Zoning Board with four proposals, and originally there were five proposed variances, for one building that is just too many variances for one structure. I ask you to listen carefully to their presentation. There are certain homeowners who would like to speak in opposition to this point. This type of structure is fine for the City of Miami, right now you're asking for development along Biscayne Boulevard for this type of building. That's fine, but for this area,in a strictly residential neighborhood,to build a building this large on a small piece of property is just not proper. We would respectfully request that you deny the zoning variances which were granted by the Zoning Board and I would also like a very brief rebut- tal after Mr, La Casa is completed. Mr. Plummer: Counselor, let me ask you a question. Do you have any disagree- ment with these figures as proposed? Mr. Aronovitz; Unless they've been changed, I haven't seen them on the 81 unit set-up, I remember when it was 88. I would review the figures but as he's presenting it I will be glad to look and tell you in a few moments, Mrs, Gordon; I just want to ask the Planning Department if they could tell me in what year or when R-4 was applied to this property. Mr. Whipple: The year one I believe as far as Miami Zoning is concerned. It would have to be somewhere in the 1837-39 era, Mrs. Gordon; Yes, it never was changed in the review in 61, is that it? 67 MAR 161978 Mayor tette: Ok► Mt. La Casa: Mt. AtMando La Casat Arthando La Casa, 1408 S.D, Bayshore Drive, representing Southeast Disttibutors, Mt. Aronovitz: 1 believe some of the residents do want to speak though, would you like them to speak at this tithe? Mayor 'erte: Would you mind if we just let him have his say and then we'll recognite you and then he can rebut and then you can rebut? And I'll give you plenty of time to say everything you want. Ok? 1 won't cut you off until 7:00 and at 7:00 I'm going home so you've got 35 Minutes to talk. Mr, to Casa: Mr. Mayor and members of the Commission, I am going to try to make this thing as easy and as quick as possible. First of all I was out playing With questions of what we give and what we take and all that. Out of the four variances to which Mr. Aronovitz referred we are hereby conceding two, In other Words we are only requesting two variances at this point. We are conceding the 23.55 that he objects to and we are also conceding the 22 on the side yard that he mentions. So I want to say this clearly because the spirit of the developers all along the line in negotiations with the neighbors and in the presentation to the Zoning Board and now here have been always the same. We want to cooperate, we want to bring to this neighborhood something of quality and we would have wanted the neighbors to understand this re 6S MAR 1.61978 N a Mr. La Casa: ...and now here has been always the same, We want to cooperates we Want to bring to this neighborhood something of quality and we would have wanted the neighbors to understand this and share in it. The reason why the 88 units - which was the originally planned development - has been changed to 81, was in a farther effort to compromise and to please the neighbors, and this was what was approved by the Zoning Board. We presented this to the Zoning Board, reducing our original request from 88 to 81, in another effort to compromise with the neighbors. Now, the question here is, not an intrusion in the neighborhood... the question here is, not one of trying to change the characteristic of that neighborhood. On the contrary?what we have is a residential neighborhood with a hotel - existing hotel, the Willard, an existing hotel... Mayor Ferre: Does he own it? Mr. La Casa: Yes, sir. An existing hotel... Mr. Plummer: ... motel isn't it? Mx. La Casa: Motel and apartment, it's being used as an apartment. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. La Casa: I have here the gentleman that is the manager, Mr. Mayor, the manager of the place of the Willard. Mayor Ferre: You have the manager of the Willard Hotel? Mr. La Casa: ...of the Willard, and he is ready to testify under oath that this is being used at the present time as a Motel, because it's a rundown structure. Mayor Ferre: Is there anybody there? Mr. La Casa: It's partly closed. Mayor Ferre: Partly closed. Mr. La Casa: ... and the part that is still open, some people live there and rooms are rented to passersby in an effort to meet the taxes at least of the property. The place is extremely rundown... and a wing of the apartment building has been closed down, even for security reasons. We are talking about, therefore, an existing multi -living unit structure, so we are not bringing in anything new. Now, according to the existing regulations... according to the Code,the developers could go there right now and develop) without requesting a single variance from this Commission, a one hundred and twenty two apartment building. This is with a fourteen floor structure and this they can go in and do without requesting any variances... what then is the reason for the variances? It's not true that we are coming here to claim that the reason tor this request is based on economic hardship to the developers, not so. What we are trying to do is to bring into this particular area something of quality, as opposed to a low income development, that is what can be done with this hundred and twenty two units. Let me point out to you... Mayor Ferre: Why don't you turn it sideways so that the neighbors will all be able to see what you are talking about. Mr. La Casa: Let me point out to you that we are talking about the piece of property that faces one of the prime areas of development in the City of Miami at this point. We are talking about the development of the piece of property that exists exactly across from the Plaza Venetia) the only complex and the newly approved - that is being built now- marina across from this piece of property. What we are trying to do here then and what we are proposing is to build this piece of property, which obviously is too valuable. It's worth over a million and a half dollars... to be laid there without any improvements whatsoever, to replace an existing rundown structure - the existing Willard Hotel with a quality building which,besides the fact of preserving the environment, besides the fact that it's going to retain the characteristic of the neighborhood, because we are talking 69 BAR i 619ifl about a neighborhood where the residential units exceed the one hutidred thousand dollars and ghat we ate trying to bring in is a building that will provide the sate kind of units at that level of over hundred thousand dollars, as or.p sed to a low incoMe developTent, we ate also bringing It at additional advantage to the neighbors and l don't see how some of them have failed to see this. If we we were to build a one hundred and twenty two apartment building, obviously, the traffic patterns will be much worse than if we built an eighty one aparttent building, the decrease in the nutnbet of forty one units, one third of the number of units,obviously, will tepresent a substantial decrease in the traffic burden that that particular neighborhood is going to suffer. From the standpoint of view of quality,obviously, the City of Miami, the neighbors and everybody that passes by has to have an interest in having something of the structure quality and the landscaping quality that we are proposing versus a different kind of thing, especially in an area... (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: I fail to find... Mr. La Casa: here is the architect...This is the reason why I brought the architect, so he can explain the technicalities about it. Mr. Plummer: Where is the building? (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: This is the building right here. is this building here too? Mr. Gonzalez: That's the apartment structure. Mayor Ferre: ... is this building? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferro: Is there a building here? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: ...and what is this here? (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: Do you have the drawing, sir? (INAUDIBLE BACKGROUND RESPONSE) Mr. Gonzalez: We moved the apartment structure back to please the people of this neighborhood. Mayor Ferre: Well, where is the Mr. Plummer: Where is the building? Mayor Ferre: On the corner of 49th. Mr. Gonzalez: ... you can see the outline on the building in dotted line, this is the groundfloor plan. Mr. Plummer: Is this part of the building. Mr. Gonzalez: This is the structure, the parking structure--- one story parking structure over here and this is the building over here, you see, the outline of the building is right here, sir. Mr. Plummer: Ok, I think I see. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. La Casa: So, basically,this is the thrust of our presentation. We are proposing less traffic, we are proposing higher quality both for the neighbors and for the City of Miami and,besides that,the final item that I want to stress is that there is a replacement of an existing rundown structure and there is an alternative allowable by law, which is to build a hundred and twenty two apartment building there as apposed to this. 70 OAF � 61978 Mayor Ferre: Alright, the department now and then the neighbors. Mr. Whipple: Mt. Mayor and members of the Commission, we have recommended denial on this item, again we are quite concerned with the floor area ratio requested and even the floor area ratio that was granted by the Zoning Board. There is no hardship in out opinion that justifies these variances. even thoueh the shape of the property is unusual, the mere fact that they can get mote floor area and more use than what the lot allows is proof that a variance does not exist, on that basis we have recommended de='inl. Mt. Plummer: Mr. Whipple, do you disagree with these figures? Mr. Whipple: I have not reviewed them in detail, the basic figures are correct with respect to the floor area ratio, the building height, the number of units, the number of floors, they seem to be basically correct without getting into detail, sir. Mr. Plummer: Thank you, sir. Mayor Ferre: Alright, now the neighbors do you want to say something, Dick? Mr. Fosmoen: No, I was only going to comment on the characterization of luxury and low cost as the bottom line, I'm not sure that I agree with either of those. Mayor Ferre: Well, I think what he is saving is that obviously, an 1800 square foot building - average apartment - is going to be a little bit more expensive than the one that has 750 square feet. Now. whether or not it's luxury... well, I guess what he is saying is that it's not going to be like the project that Marty Fine is ►;oing to be building. you know. nut there next to the Marearet Pace Pars_, which is going to be a very fine apartment, but it's going to be one small unit - it's another concept. Mr. Fosmoen: There is no guarantee that it would be q►►ality. Mayor Ferre: No, there is no kind of guarantee that it is going to he quality, it could be a horrible structure and very bad, you don't know, I mean,other than what they represent. I'm sorry, go ahead. sir. Mr. Jacobs: Honorable Mr. Mayor, Mrs. Gordon, and gentlemen of the Commission, 1 think there are a few items that... Mr. Ongie: Your name and address for the record, please. Mr. Jacobs: Pardon? Mr. Ongie: Your name and address. Mr. Jacobs: Walter Jacobs, 921 Venetian Drive. I'm representing Ray, who was operated on today in the South Shore Hospital and he couldn't be here. I'm also, representing Mr. Anderson, our next door neighbor who has, I believe abouta million dollar project in his estate there, we are next door to him. My primary objection is not only the zoning, which has not been properly told to you, our gentleman here said there were only two zoning requests, he did not mention the fact that they wanted to go 5 feet from the highway instead of the regular amount that the law says. Why the Zoning Board did these things, I must respectfully request that it's their opinion, I'm permitted to disagree. There is no reason for them saying that it is a hotel or was a hotel, it never was, it isn't now, nor has it ever been. It's the Willard Apartments, some time back - a few years - they started rebuilding, restructuring the building and refurbishingit with new windows, etc., all of the sudden they stopped. We sent people over there purposely, who wanted a small apartment not knowing that thi thing was going to happen. They were toad 'we are sorry, we are nor renewing any leases, we are not taking any rentals and as these• people'; leases expire, we are closing up the buildings'.one building is closed up, I don't know about the second or the third, but one I know is closed up. My main objective, Your Honors, is the road coming in from the... - pardon men, I'm a little nervous --from the main road is a sort of a dead end and then there is a sharp left turn..We've got a sign there that the City put up '15 miles per hour', 1 don't know of one soul who has ever gone around that curb at 15 miles per hour and we can't have a policeman there all the time to watch it, There have been trucks coming through,,. they have already broken part of our curbing, which we had rebuilt about two years ago and just repainted and refixed about three 71 WIit 6197& months ago, `Bete is no tooth for two cars to come through, they have co t ihu.il ly gone ovet the gtass on out plots, on the grass of out neighbors and damaged it to an extent... As a tatter of fact I had just spent $400 fot tenewing some of our chattahoochee stone At the toad entrance to the place which their trucks have gone over► I don't know if this is important, but in checking back I don't believe, not only isn't there a hardship, but I think the people conteMplating construction have an option on it father than being the purchasers or motets. Now,this than be questioned, I'll apologize if I'm wrong, but the main reason I'ht concerned is pardon the because of the traffic problem, because of the way they have exaggerated everything. Now, if you folks know condominiums and it's very well to say ' we are going to have televisions downstairs to the hall and we ate going to have an intercom system for all the guests and we will have a twenty four hour service and we will protective cops, great, But when these things happen with many condominiums, when they find out what the upkeep is per month, they say we will do away with it, we will do away with this and with this and with this and immediately it becomes a little rundown, My main objection is not only the height of the building, but the traffic which is will entail and you might count that everyone who has an apartment will have a minimum of two cars and some three or four because of their children who are going to high school or to Miami University, they've got to have their own car. This is my only... my main objection is the traffic, the noise and the jamming around the corner and there is no room for it and you cannot make it a two car road, no matter how you try. Thank you, for your attention. Mayor Ferre: Thank you, Mr. Jacobs. Now, the next speaker* Are there any other neighbors who wish to? Yes, Ma'am. Ms. Weissbaro: My name is Ruth Weissbaro, I live at 870 North Venetian Drive. I apologize for keeping you now, I know you have spent a very difficult day and want to get home. My next door neighbor Mr. , asked that I also speak for him, he and his wife are in their 80's and she is so i11 that he cannot leave her for a few hours. My husband also, happens to be out of town today and I would have gone with him except that I felt this was important enough for me to be here. This is the fourth meeting that we have come to, to fight for... to maintain the quality of our residential area. I don't want to go through a couple of meetings that we were invited to by the developers in introducing us to the plan they have in mind, it was a series of very upsetting episodes and they keep reiterating how cooperative they want to be and give us something of quality for our island. Also, every time they mention this, it's in the nature of a threat,thatif we don't approve the 88 unit building or now the 81 unit building they will ram a 122 unit building doom our throats. They also always try to talk of the multi -unit development, it is only a two story building that is the Willard today and has been for many many years, they are talking about making that into a 14 story highrise. Now, our one street the last residential lot is being developed. all this across the street from me and a three hundred thousand dollars waterfront home is being built. Just in a month or so that they have been working with concrete truck coming in we have had repeated holes and broken pipes on that one street, the gas company has been out there seven times in the last month to try to restore and repair broken pipes. Also, a series of other trucks and telephone trucks have been there, it is so difficult that we can't now, with the construction of one house,get in or out of our street. There is what looks like a berlin wall around that Willard separating it from Venetian Way,which is the Causeway,and also from the residences immediately east of the property. It looks very terrible now and there are no people living there and we are really in fear of our residences, our community,and what we have struggled so hard to acquire and enjoy today. With Omni and with Plaza Venetia, it's like a series of monstrosities that have come before us and it's like impossible to get home or across the bridge the way it is now. If a multi -unit structure is now going to be developed, I just can't envision how much more horrible it would be for all of us. Mr. Jacobs, mentioned that there is only room for one car to go through at a time to enter that street and that is true. At one time, the developer and Mr. La Casa said that they would take away or widen the street 16 feet, it's impossible, most of us don't have eight feet in front of our houses, we have sprinklers, we have landscaping, we have curving, we have driveways, it's impossible to stretch and get 16 feet more on that street, When they talk about economic hardship, I don't think there is any economic hardship, I'd like to see that really proven. I think the hardship is that they won't make the higher margin of profit that they feel is possible for them with a smaller,more expensive unit, Mayor Ferre: Larger, 72 iit4R 181978 Ms. Weissbaro; ...the smaller number of units, but more luxurious apartments. I frankly don't believe that hundred and twenty two units is going to be built there, if they don't get their way with the 8l, I think that's all I have to say, but we are really sincere in our fight, wr, think it's important, I personally feel that if we are going to have this done our way I will just put up my house and get out and I think everybody else feels that way too. Thank you. Rev. Gibson: bp you want to speak? Go ahead. Ms. Silverburg: Your honor, I live right next door to this proposed building and I've lived there for 30 years. Mr. Ongie: Your name and address, please. Ms. Silverburg: Virginia Silverburg, 831 North Venetian Drive, for thirty years I've lived there and this is a two story building. It's not a monstrosity, the building happens to be a very desirable building, in fact the former Mayor ... one of his employees lives in the building and would like to stay there-- she is still living in the building. In Mayor Clark's office.. I'm talking about, Well, regardless of that. This street will not take care of what they are proposing to do and I would like to see what they are talking about in this here Cul besac. I cannot get in or out of my property, I had to close it because of the building while my children were growing up- I would like to see what they propose to do next about that. Now, there is no hardship there at all, I knew practically all of the tenants and this is not a hotel, they have made it a hotel because they have thrown everybody out of there and I would like to retain my home and for the rest of my time. Ma'ror Ferre : Thank you, Ma' ar.. Mr. Aronovitz. Mr. Aronovitz: The hour is growing later and I won't repeat comments that have alreard been made. but I would emphasize to you that each and everyone of these neighbors has stated to me the fact that it's true they've gone through the Zoning Board, but now they are before the City Commission and these are the elected officials that they are looking to to save the quality of living in their neighborhood - these are long time residents who are looking to you for this decision. I would say to you that again we have heard two Zoning Board hearings and now the presentation by Mr. La Casa, and not once have we heard him say anything about a hardship and the reason why we haven't is because there isn't one and the fact of the matter is these variances should not have been granted. If you look at the entire area and what has taken place in the way of variances in the recent past- if you will lock at Omni, and if you would look at Plaza Venetia,and you look at the total development and now to grant these variances also for this property, it's just... I have to ask the question why even have a Comprehensive Zoning Ordinance if you can have a variance every other time a developer walks in the door: These people are absolutely frustrated and they don't know what to do because they don't want to see the development of this property and Mr. La Casa can sit over there as long as he likes say that we can go in there tomorrow and build a fourteen story building with 750 square feet and we are not going to landscape it as nicely as this because we are not going to get as much money for each unit. But the fact of the matter is,on Brickell Avenue and along Biscayne Blvd. and on Miami Beach, they are not selling 750 square foot units, they are selling 1500 and 1800 and 2000 square foot units like these. The reason they are here tonight is because they need these variances to make this an economically feasible piece of property. I'll conclude,nothing further needs to be said but these people are really relying on you and they feel that this particular development is not proper for this particular location, it is too small of a piece of property to develop such a large building. Thank you. Mr. Plummer: Mr Aronovitz, do you happen to know, sir, how many units are there presently.? Mr. Aronovitz: There are 61, I know that there are fewer than the 120 that are allowable. Mr. Plummer: And there are 61 units there presently? Mr. Aronovitz; Yes, there is a two story building- there are either three or four two story buildings. Mr. Plumper: Thank you, sir. Mayor F'erre: Alright, question?..Oh, you want to rebuttal? 73 MAR 161978 (INAUDIBLE BACkGkO Nt RESPONSE) Mayor Ferre: Alright, go ahead. Mr, La Casa: Ok, to finalize we have dropped two of the requested variances, the only ones that we want to retain are increasing the floor area ratio and the 5 foot on the 'Venetian Causeway. Secondly, as you can seethe question here is not whether or not to build an apartment building or a condominium or a structure' the structure is buildable according to the fade, the question is what kind of, 1 would say that the neighbors hope that in the event that this hot granted, the developers won't go ahead and will let one million dollars lie in there indefinitely without any kind of development, that's completely absurd. What we are proposing,basicaliy,is to replace au existing structure, which by the way has a motel license and here is the manager and he is willing to testify if necessary, that he is renting now as a motel for the simple reason that the place is so rundown as I said before,that it cannotremain the way it is. The developers, the owners of the land,decided that they are going to develop this. It's up to us to provide the neighborhood with something consistent with the natural characteristic and there is quite a bit of hardship if we don't do that because the alternative is very negative, not only to that particular piece of property, but to the whole concept that is being built around the Plaza Venetia and the whole area. Thank you Mr. Plummer: Mr. La Casa, through you to the Manager, sir, I'd like to ask you sir, how many units are there? when it was in full operation, how many units? Mr. Cruz: Manuel Cruz. Mr. Plummer: Sir, my question is when the present facility was in full operation how many units were there? Were there 61 to your knowledge, were there less or were there more? (INAUDIBLE BACKGROUND COPNENTS) Mrs. Gordon: Now, you better start speaking spanish, J.L. Mr. Plummer: 61? (INAUDIBLE BACKGROUND RESPONSE) Mr. Plummer: ...when it was in full operation, yes. (INAUDIBLE BACKGROUND RESPONSE) sr Mr. Plummer: Thank you, sir. Mayor Ferre: Yes, Ma'am. Ms. Silverburg: I have something to say, this man was introduced to us as one of the developers of the building. If he is the manager of the apartment... (REST OF STATEMENT INAUDIBLE) (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: Alright, anything else? Do you have a question? Mrs. Gordon: No, but it's the same story again of, you know, too much on too little and Mr. Aronovitz stated that they have to have a hardship, where is the hardship? Mr. La Casa: As I said before Mrs. Gordon... Mrs. Gordon: Don't give me economics now, just what is the other half, Mr, La Casa: I haven't mentioned the word "economics", becausefrom the economics point of view I don't think there is such a hardship. The hardship is to the character of the neighborhood and to the quality of the structure that's wants to be built there, In other words,what we are trying to do is something of quality to that particular area, what we are trying to do is nothing new, here again is a matter of giving up a Tittle bit and have some flexibility as far as considering the variance in order to obtain a tremendous improvement which is 74 MAR 4 6197E, also extremely positive for the area. krrl? r_, a Lordship? I atn going to tell vet; what a hardship. FI hardship is when you have innt in that very limited rca.'... that the neighbors :hire ots lutely r t:ht i ..? hi'.°e mentioned over and over again the problem of the traffic- t ilo , ri. `• i i is to handle the traffic of a hundred and twenty two apartments versus H , there you have one hardship. The hardship is when you have to landscaEe a building to a lesser quality and have a lesser quality of a structure. It's a hardship not only as I said before to this particular piece of property, but even if the neighbors don't see it at this point, it's a hardship for the whole area moll it`sP hardship for the whole city. Mr::. Gordon: I personally, you know, don't sec any reasons for granting these variances. "11ie Zoning Board apparently was pretty well divided on it when they voted four to three. So, there was only one vote either way that would have made the difference and they would not have been here at all. So, the Planning Department's recommendation is for denial. i move to uphold the Planning Department's recommendation. Mayor Ferre: Alright, we have a motion now on the floor. Is there a second to the motion? Rev. Gibson: I second the motion. Mayor Terre: You second the motion? IF..itiler !'ibson, seconds the motion, is there further discussion on the motion?? Mr. Plummer: Well, Mr. Mayor, let me go ahead and put my thoughts in the record because I'm going to vote against the 'notion. Let me... I'm not going to be able to be brief either, so you are not going to Like.: this. Mr. :favor, the damage as far as I am concerned was not done by this Commission, vas not done by the Zoning board. The damage was dent' in fact in making this property R-4, and it's unfortunate that it e•};i.'4ts hec.:'.se .in my humblt e`;.imation R-4 does not belong in this particular area, hilt it':; there, let' l.`ii't lid ourselves. 1 have sat on this Commission now for P years and 4:'t' ;1 prier t that sat on the Zoning Board for a period of a total of 1 .. venrs I WI:1 L i'.•t' e t . 1iadl ins' Zoning and yes, I have seen so ;e cases `here it was an I.0 ._ i r:a' , that in tact' if you don't let me do this, I'm going to do that, but t:: r;; rh,it is the ultimate,that he can do such. Now, as I look throt:gh this a,`i li,'at ior:l.i' d I spoke with the Planning Department and I do.' necessarily agr� t with tto. Planninz Department, 1 believe that there can be a:'cess to Venetian Causewov, that :it con be made from that piece of property oIi to Venetian C.in',t' '.iv and keep th traf f i.:.. off of that road. Some people might not like: and 1 (.11t understand Cunt, E:•,it 1 definitely thing that it can be done to make access directly uri: '.'enctian and keep it off this street. Now, if in fact Mr. Aronovit:', i:. correct '}t is somewhere in the area of being ccrrect,anil this area has had 61 unit` 1e the past or appl.oximately 61 units, we are talking about 20 units more ort eorcC .`'a'.+l-•' 1 Ji:i i't do this mathematics, but 61 from 122- better than double the a:r;2u1t acid concieivabiy, by law, tomorrow, be put there, a permit could be drawn. I fvi c'nc. have seen- and I as the Mayor does- 17th Avenue and Dixie Highway, in which a beautiful building was proposed to this Commission to place on that structure, ,ir,I 1 am only using that as the example, there are others, and that is the developer said "if you don't let me put a beautiful structure, 1'11 put whatever the maximum will allow", I live one block from that project, right off of 17th and Dixie? and I want to tell you something, it's horrible, because he did carry through with the threat and put on that piece of property something that is atrocious, it's bud. And all I'm saving is., once again 1 find myself in a position, I don't 1 ike it, hut: I didn't rr.ake it R-4, it's there . If we are going to have any integrity of people pticcl;acing property in this community based upon the rule set forth and playing the Fame as set forth, then I feel this Commission has a responsibility of integrity to uphold that R-4 . Let me get back to the final point which 1 will snake. 1 said with Robin Hood in the Brickell Forest over here. All I'm saving 1 thank this: community deserves more luxurious units, 1 agree that the size of an apartment does not necessarily mean that it will he a quality building, but a quality building means the sale price and whether they will sell or they will not sell. tore again1I'll just conclude, I don't like the R-4 there, but it's not a matter of what I like, it's there, it's not going to go away. And as far as l am concrerned,l am willing to go for the 81 units of 1800 square feet muchimuch quicker than I will go or could go or would hate to see 122 750..foot units, and as far as I am concerned I visited that property this morning and how anybody doesn't want something done- that place is atrocious, what was there.,this morning when I drove by1It is bad and I tell you that as far as I'm concerned I am in favor of the 81 units, (INAUDIBLE BACKGROUND COMMENTS) 75 MAR 161978 Mt. Plumtiet: 1 said that's why 1 ptefaced my remarks. Mayor Ferret Alright, Mrs. Cordon? Mts. Gordon: May 1 on discussion, you knowol, May I rebut to you, J.L.t Mt. Plummer: Sure Rose, always. Mrs. Gordon: You know, I said before and I say it now. The only legal grounds for granting a variance is there m st be a hardship in and on the property that is being applied for,not any other reason and there is no reason why this property cannot be developed without a variance and that is the key to the reason that you should or should not vote for this application and that's what the counselor said before and that is the crux of the whole thing, there is no reason to grant a variance. I mean, you know, you can see a lot of pretty pictures everyday of the week, but that doesn't mean a thing and you get a lot of threats or this or that, that doesn't mean a thing, but the thing that does mean something is that you are granting a greater amount of floor area ratio than this property should receive and by compounding it- you don't like the R-4, but you are compounding the problem if you indeed vote to allow a greater bulk, Mr. Plummer: Rose, the beauty is in the eye of the beholder, the hardship is in the individual thoughts of individual Commissioners. I personally think that a hardship here is going to exist if you don't do what I have said. Mrs. Gordon: Well, I can see your mind is made up and... Mr. Plummer: I'm entitled to my opinion. Mrs. Gordon: Do you want to say something? (INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mrs. Gordon: I know. (INAUDIBLE BACKGROUND COMMENTS MADE OFF THE PUBLIC RECORD) Mr. Plummer: Ma'am just so that your fears of Mr. Plummer, not be confused let me delineate what I said for you. Manor Ferre: Now, Mr. Plummer, before you go on in your confusion, excuse me. Items 18 and 19, right. will not be heard tonight. Some of you walked in that I know are here on items... on the 7:00 o'clock items, so we will not hear 18 and 19. So, those of you that are here for that you can go home. I told you that before... I said it before, about an half a hour ago, so.., Mr. Plummer: Well, Mr. Mayor, in all fairnessit have indicated to you that I will... item 18 is not by a permit, it is by a court order. Item 19 in my estimation I will offer for deferral. Now, whether or not it passes this board, I will offer it. Mrs. Gordon: We did, didn't we? Mr. Plummer: No, we didn't vote on it. Mayor Ferre: We didn't do it because it wasn't 7:00 o'clock. Mrs. Gordon: We also deferred number 16,- I believe that was a plat on... Mayor Ferre: That's right, go ahead,J. L. Mr. Plummer: Let me clear up this problem, Ma'am I made and prefaced mycomments in the fact and I have not heard anyone dispute, that 61 units did exist when the thing was in full operation. We are talking about a difference now of 20 units. So, no Ma'am I say I think it's feasible, I think it can be done. Yes, you are correct, if the County says that it can't, I think it can and I think it can be pursued and if nothing more,Mr. Whipple, I think that they would go or should go if this passes at this Commission, that during construction for construction it could be an opening into that wall. I'm merely giving you... I'm not confused I just wanted,., even though it might seem that way. 76 Mayor Ferre: Ok, we have a motion on the floor by Mrs. Gordon and the way it operates here is we need a second for that. Mrs. Gorden: It was seconded. Mayor Terre: You did seconded it and therefore we no;, haVe blade his statement, anybody else want to make a statement? it under discussion, Flu::^.:..er Call the roll. THEREUPON THE FOREGOING MOTION was introduced bycommissioner Gordon and seconded by Commissioner (Rev.) Gibson and defeated by the following vote: AYES: Mr. Gordon and Rev. Gibson NOES: Mr. Plummet, Mr. keboso and Manor Ferre ASBENT: None ON ROLL CALL: Mt. Plummer: For tree reasons so stzten T vote no. Mr. Ongie: The motion failed. Manor Ferre: We still stand. Mr. Davis: You need another motion,Mr. Mayor. (INAUDIBLE BACKGROUND RESPONSE) Mr. Davis: This was a motion to deny which failed. Mr. Plummer: Excuse me, you are wrong, to be denied means... Mr. Davis: Ok. Mayor Ferre: So, is there anything else we need to do? Mr. Plummer: That's it? (INAUDIBLE BACKGROUND RESPONSE) Mr. Plummer: Am I correct? (BACKGROUND COMMENT) Mr. Plummer: Okay. Mayor Ferre: Alright, now ladies and gentlemen, on item 18 and 19 we are not... Mrs. Gordon: Mr. Plummer, I'd like to ask you a question relating to that last item... Mr. Plummer: Sure, Rose. Mrs. Gordon: ... since your suggestion was that if the Traffic Department would open an opening that might open up the bottle neck of traffic, would you move that this condition be made,that this not be permitted until and if such an opening was granted? Mr. Plummer: No, but I will make a motion at this time that the administration petition Dade County, that when construction is commenced that they urge due to the condition of north Venetian Causeway that an opening be used for the construction vehicles during the time of construction. Mayor Ferre: That makes sense. Mr. Plummer: Now, they do it downtown on all of the streets, they make an exception during construction and I think it should be :::id can be done here. (INAUDIBLE BACKGROUND COMMENT; Mr. Plummer: Yes,sir. (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: Yes, sir. (INAUDIBLE BACKGROUND COMMENT) Mr. Plummer: That portion of it sir, would not be built until the construction MAR 161978 end, is the answer to your Oiestion, (INAUbIBtt BACKGROUND RtSPONSt) Mf, Plummer: Well, let the do it another way. Sir, I understand what you are saying, let ttte word a motion this way, sir, if the administration can prevail upon bade County to grant this access during construction, it is mandatory upon the developer to use that eicit in that ingress and egress which will be granted, Mrs. Gordon: And then what?, it closes after it's built, is that it? then the traffic... Mr. plummer: Rose, I would hope it would continue to stay open, but if it's not, then it's not. I Mould encourage the administration to ask for that as a permanent opening to take the heat off of that street, but if not at least we feel that it is mandatory during the construction period. Mr. Fosmoen: Mr. Mayor? Mr. Plummer: Mr, Mayor? Mr. Fosmoen: Mr. Mayor, sometime during Mr. La Casa's presentation, he indicated that he was withdrawing his request for 23.5% coverage on the parking structure -20% allowed- and withdrawing his request for the variance on the side yard of 22 feet. Mayor Ferre: Mr. La Casa, you better pay attention this affects your presentation. Mr. Fosmoen: ... I believe that that was on the record. However, the action of this Commission does not speak to what Mr. La Casa said earlier. Mayor Ferre: That's a very good point.,and I'm glad you brought it up. Mrs. Gordon: I'm glad you brought it up too, because it leaves me kind of with a vaccum the way we left it and I just could not feel comfortable with the motion to uphold the department being denied by this body and nothing else happening... (INAUDIBLE BACKGROUND COMMENT) Mrs. Gordon: ... no sir, I'm opposed to any kind of granting of anything, I'm not making any motion to grant it. Mayor Ferre: Anything else failed, Mr. Plummer? I'll recognize you. Mr. Plummer: Well, ok,I understand what you are saying,Mr. La Casa proffered that they would decrease and cancel two variances, correct? (INAUDIBLE BACKGROUND RESPONSE) Mr. Plummer: Alright, delineate which those two are. Mr. Davis: The 23 foot side yard and the 50 foot east side yard are delineated. Mr. Plummer: As variances. Mr. Davis: As variances. Mr. Plummer: He is then going to comply... Mr. Davis: He will comply with the law on those side yard variances. Mr. Plummer: Alright, now Mr. La Casa, you have agreed to that. Mr. Gonzalez: No, excuse me, may I clarify something? My name is Miguel Gonzalez, 1 am one of the architects in the project. Mr. Plummer; You better. Mr. Gonzalez; On a previous meeting with the Zoning Board, by reducing the 78 VAR F 197B number of units and by moving the location of the tennis courts to satisfy some of the neighbors, by such movetwe eliminated two of the variances. One was the lot coverage of a parking structure and the other was the set back requirements for such parking structure on the east side. Mrs. Gordon: Is that the way it was approvedsMr. Davis, at the Zoning Board level? Mr. Davis: Yes, Ma'am. Mrs. Gordon: With the elimination of two variances, is that it? Mr. Davis: Yes, Ma'am, but--- did grant the variances of the two side yards that are included in your papers here. Mr. Plummer: Let me understand correctly, then what the Zoning Board approved in it's final analysis 'ere two variances? Mr. Davis: Four variances, sir. Mayor Ferre: And that's the whole point. Mr. Plummer: There were six and it reduced to four? Mr. Davis: Correct, sir. Mr. Plummer: Alright, wc:11, then that's what it was. Mayor Ferre: Well, wait a moment, are we then covered Dick, with what you brought up? Mr. Fosmoen: L'm not sure because I was hearing... Mayor Ferre: Well, I'll tell you to make sure, then reword if you would, a motion that does clear it up. Mr. Fosmoen: Well, I'm going to have to review the record Mr. Mayor, to find out exactly what Mr. La Casa was saying. I was hearing him say that he is reducing again the number of variances and that we are talking about 81 units instead of 83. Mr. La Casa: No, No, what I was saying is this, Mr. Aronovitz, read from the fact sheet the variances and two of them I consulted with the architects were dropped, those are the 23.5 and the other one... Mr. Davis: What yard variances do you need, sir? You have three of them listed here, which yard variances do you need for you project'' Mr. Plummer: Sir, if you would come up to the microphone, please,and put it on the record. Mr. Jacobson, a question has been asked let's get the answer, sir, and I'm sure the Mayor will approve of your speaking. Mr. Jacobs: Yes, sir. Mr. Gonzalez: As I mentioned beforeiby the reducing of a number of units and by the movement of the tennis court to a different location we eliminated the 22 foot side yard requirement. Mr. Davis: Which ones do you need now, sir? Mr. Gonzalez: We need the floor area ratio , we need the 5 Mr. Davis: 50 feet east side yard, ok. Mr. Gonzalez: .,, and the 5 foot for the parking structure. Mr. Davis: Yes, sir, then you do not need the 23 foot? Mayor Ferre: So, there is a change. Mr. Gonzalez: I said 22 foot, Mayor Ferre; glummer move it. 79 feet east side yard. MAR 161978 Mt. bavis: bo you need 23 feet an the side of not, sit? 'fit, Gonzalez: tJe do tot. Mt. t)aVis: You do not, so that wotiid be eliminating the 21 foot yard requitement. Mr. Gonzalez: Excuse me, I'm reading 22 oh my sheet, I don't know where you get 23. Mayor Pette: So, you are talking about 3... Mr. Gonzalez: No, that's the percentage on the lot. Mr. Davis: 22? Alright, there is a typo here on it. (INAUDIBLE BACKGROUND RESPONSE) Mr. Gonzalez: ... on the lot coverage for the parking lot., right. Mr. Davis: Right, ok. Mr. Plummer: Now, is it understood? Then you will issue a building permit upon that presentation. Mr. Davis: That's if the resolution is worded that way, yes. Mayor Ferret Do you need a resolution here now? Mr. Davis: No, just a momemt. sir. Mayor Ferre: Do you need a resolution now? Mr. Davis: If it's to be changed from what is before you if would need to be... if it's changed from the Zoning Board resolution, yes, sir. Mayor Ferre: Alright, then Plummer, are you going to move it that way? Mr. Plummer: Word the resolution for me, George. Mr. Davis: There is one in here. Mayor Ferre: A resolution is really very simple of three variances to be granted. Mr. Davis: The resolution you have before you is the way that it passed the Zoning Board. Mayor Ferre: But, that's not what we are putting on. • Mr. Davis: I know. Mayor Ferre: ...so that's why Plummer is asking what he is asking. Mr. Knox: We can just delete make an interlineation with respect to the 23 foot side yard. Mr. Jacobs: May I ask Mr. La Casa, what happened to the south side on the Venetian Causeway where they cut it down from 20 feet to 5 feet bringing it right close to the highway? Mayor Ferre: Are you talking about the parking garage? That's a one... Mr. Plummer: That's not changed, sir. Mayor Ferre: That's a one -level parking garage, right'! Mr. Jacobs: There is still a lot to go... (INAUDIBLE BACKGROUND COMMENTS) Mr. Jacobs; Gee wiz, this depreciates all our property- yes, what they are doing. Mr. Plummer: What then,,. do you need a motion? Mr. Knox: Yes, we should have the adoption of this resolution and all we have to do is draw a line through the reference to the 23 foot side yard variance. So 'AAR 16 078 Manor Ferre: Alright, Plummer thoves, Reboso seconds, further discussion... Mrs. Gordon: What is the motion? Mayor Ferre: It's the same thing as you have here except you draw a line through the 23 foot... a 23 side yard. Mr. Fosmoen: You eliminate that. Mayor Ferre: That's the only elimination. Mr. Fosmoen: ... and the other proposal this evening was 81 units... Mr. Plummer: Instead of 88. Mayor Ferre: Instead of 88. Mr. Fosmoon: ...instead of 88 which is... Mayor Ferre: I'll read it for you. A Resolution affirming the Zoning Board Grant of variance from Ordinance 6871, Article IV, Section 19 (7) (a) & (b) and Article VIII, Sections 3(2)(d) &(5), to permit construction of an apartment project consisting of 81 units in one structure on lot 1 including that portion of lot 1 coincident with the northerly and westerly lines of tract C, and lots 2 and 3 including that portion of said lots coincident with the northerly line of tract C; Block 1; Biscayne Island Sub (34-93) and lots 50 and 51, Block 1; Biscayne Island Resub 40-34), being 801 Venetian Way, as per plans on file, with -" cross out:" a 23' side yard (45' required) - with a 5' front yard (20' required), also a 50' east side yard for the apartment building (70' required) and a 1.51 floor area ratio (1.10 permitted); zoned R-4 (medium density multiple) and subject to: 1) applicant posting a bond with the Department of Public Works for the improvement of the street and the Cul-Desac, and 2) construction of a wall adjacent to the Silverberg residence. That's what's been moved and seconded. Would you pass me that map?, your new map, I want to see that 50' side setback rather than the 70. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mayor Ferre: Further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 78-185 A RESOLUTION AFFIRMING THE ZONING BOARD GRANT OF VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 19 (7) (a)&(h) AND ARTICLE VIII, SECTIONS 3(2)(d)& 5, TO PERMIT CONSTRUCTION OF AN APARTMENT PROJECT CONSISTING OF 81 UNITS IN ONE STRUCTURE ON LOT 1 INCLUDING THAT PORTION OF LOT 1 COINCIDENT WITH THE NORTHERLY AND WESTERLY LINES OF TRACT C, AND LOTS 2 AND 3 INCLUDING THAT PORTION OF SAID LOTS COINCIDENT WITH THE NORTHERLY LINE OF TRACT C; BLOCK 1; BISCAYNE ISLAND SUB (34-93) AND LOTS 50 AND 51, BLOCK 1; BISCAYNE ISLAND RESUB (40-34), BEING 801 VENETIAN WAY, AS PER PLANS ON FILE, WITH A 5' FRONT YARD (20' REQUIRED), ALSO A 50' EAST SIDE YARD FOR THE APARTMENT BUILDING (70' REQUIRED) AND A 1.51 FLOOR AREA RATIO (1.10 PER.MITTED); ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND SUBJECT TO: 1) APPLICANT POSTING A BOND WITH THE DEPARTMENT OF PUBLIC WORKS FOR THE IMPROVEMENT OF THE STREET AND THE CUL- DE - SAC, AND 2) CONSTRUCTION OF A WALL ADJACENT TO THE SILVERBERG RESIDENCE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Vice -Mayor Reboso, the resolution was passed and adopted by the following vote; AYES; Mr, Plummer, Vice -Mayor Reboso, and Mayor Ferre NOES; Rev, Gibson and Mrs, Gordon ABSENT: None, 81 MAR 1.6197d �...-.....-.....w .« .. • DEFER (BY COURT DER) of CONMERATIoN OP CHANGE OF ZONING Ct,AGG tCATtoN FROM R4 TO RCA UocATti AT 2100 So. DIX t t HIGHWAY, Mayor Verret Alright,. flow item 18, ladies and gentlemen has beet taken to court and soytherefore, we are not going to take up item Number 18. Mr, Plummer: I think for the record we should have the City Attorney indicate that there is presently an injunction against us prohibiting- I have tot received anything in writing, I've only read in the newspaper what supposedly was done and I have to assume unless something to the contrary is told to me. Mr. Knox: Pot the recordsMr. Mayor and Members of the Commission, Tigertail Association Inc., brought a law suit against this City Commission and the judge in the cast issued a temporary injunction and the salient part of that injunction provides that the parties to this cause shall maintain the status quo exactly as it is now9until the court has had the benefit of the presentation and deliberation on memoranda and no further hearing shall be held regarding to this subject matter pending further order of the court. Mr. Plummer: That means it's off the agenda. (INAUDIBLE BACKGROUND COMMENTS) Mayor Ferre: All right. 19. FURTHER DISCUSSION OF: MARAIi!HA PLAT, Mrs. Gordon: We also, have Number 16, which has not been resolved because... Mayor Ferre: Do, it was deferred. Mr. Plummer: That was deferred, Rose. Mrs. Gordon: ... until we would hear 19. Mr. Plummer: No, we voted on 16. Mayor Ferre: No. no. It was deferred, period. but there was no timing on it. Mr. Plummer: We voted on 16. Mrs. Gordon: Alright, then let me say something now that is important to whether this deferment is a permanent nature or a temporary nature. That is that item Number 16, that Plat does not meet the minimum square foot requirement needed because of the curvature of the lot on the corner of Secoffee and Marantha. Mr. Davis: Mr. Mayor, may I respond to that please? Mrs. Gordon: It's Secoffee and Arathla. Mr, Davis: ... it has been the policy of the Street and Plat Committee to recommend approval of plats which meet the area not including the radius, because the radius is voluntarily dedicated to the City for the convenience of the city taxpayers, for that reason the Plat and Street Committees has had a universal policy of permitting this. Mrs. Gordon: Policy does not make it proper and legal and the policy needs to come from this Commission as to an issue of that sort not the Plat and Street Committee. Mr, Davis; That's why l said recommended, Ma'am. 8 MAR 161978 1 Mrs Gordon: Ok. Mt. Fostnoen: I think Bob needs to make one other comment and that is that it's the history of this Commission to approve those plats when that small corner has been dedicated... (END OF STATEMENT INAUDIBLE) Mts. Gordon: Well, if there is such a historylI would like for you to present us with those historical items because I don't know of any at all where the square footage was a critical issue to the pattern for redevelopment i.n an area and this is one that would set a pattern which would theft be utilized again and again %hereever possible in this area of R-1B. Ok? Mr. 1'osmoen: We will provide you this, Ma'am. Mrs. Gordon: I still question the validity of granting a plat to an under -sized lot, it just doesn't t-eally holdup, it doesn't hold water, even if you have historical items. Mr. Fosmoen: The dedication of that corner is made as part of the planning process and made voluntarily. Mrs. Gordon: Certainly, and it was platted into an R-1E half acre lot at that time and that was done when the subdivision, I assume, was platted which was quite a number of years ago and at that time I'm certain that there was no consideration of making two plots or two sites out of this piece of land. Mr. Davis: The dedication is made on these by a plat at the time it's recorded. Mrs. Gordon: Right, and this was platted and recorded as a single site, Mr. Davis: It hasn't been,. well, originally, but it didn't have the 25' radius on it. Mrs. Gordon: Including the radius? Mr. Davis: Yes. Mrs. Gordon: Ok, alright, so thereforeithis piece of land that's being requested of us tonighyr was requesteddwhich we deferredtfor a plat, a separate plat for a separate lot,is under -sized. And I believe that if anybody wants to challenge that one in the courts, they got something to challenge there too: So, you know, the whole area maybe challenged. (INAUDIBLE BACKGROUND COMMENTS) Mr. Davis: I just wanted to make sure Mrs. Gordon that... to make sure that you understand that the plator owned the corner beyond the radius before this plat as submitted. Mr. Fosmoen: Does she currently own it, Bob? Mr. Davis: Yes. Mr. Fosmoen: This plat is not approved? Mr. Davis: This plat is not approved, she still owns it. It will not be dedicated until this is recorded, that's what I meant to have you understand. Mr. Fosmoen: The substandard lot is being created as a result of this platting process, the corner is being dedicated for the public convenience... Mr. Davis; The corner is part of the property now. Mr. Fosmoen: .., of the planning process. Mrs. Gordon; So, will you furnish me with some evidence of that? Mr, Fosmoen; Sure. Mr, Davis; Oh, sure, Mr, Fosmoen. There is one other point that should be brought up since the question Q3 MAR 161978 of lot site was raised and that is that when the preliminary plat was brought to the Plat and Street Cotitittee, this area was zoned R-1, during the replatting process it was teioned to R 1$, but you know, just for you information. Mts. Gordon: this piece of property? Mt. Pot -tool: Yes, Ma'am, you will recall that we rezoned the entire area to R-1B. Mrs, Gordon: Oh, ves that's right. We have o. e item still to go, Mr. Mayor, 20. DEFERRAL OF CONSIDERATION TO CHANGE ZONING OF PROPERTIES FRONTING ON THE EAST SIDE OF S,W. 22 AVENUE / SECOFFEE St► / 28 STREET) AS MORE FULLY DESCRIBED IN ITEM NO, 19 OF TODAY'S AGENDA, Mayor Ferre: Take up item Number 19, first reading ordinance, Planning Department application, changing of zoning of properties fronting on east side of Southwest 22 Avenue from Secoffee St. southerly to appoint 116 feet south of the center line of Southwest 28th Street... and so on. Mr. Plummer: Mr. City Attorney, did you in the courts1when you appeared on item 18, tell the court that item 19, was an integral part. of 18? Mr. Anderson: 4e'explained that to the court. Mr. Plummer: Did you tell them it was an integral part? Mr. Anderson: Well, we explained that the reason that the... see the court, if you read the Order, he didn't know what to do, he said he... that's not my statement. (BACKGROUND COMMENTS OFF THE PUBLIC RECORD) Mr. Anderson: The court said: "It is hereby ordered by the Judge..." Mr. Plummer: Would you like to start over Mr. Anderson? Mr. Anderson: No, he said: "It is hereby ordered by the Judge that this matter can possible be determined at a rehearine of an emereency nature." Mr. Plummer: I move item 19 be deferred. Mayor Ferre: Plummer moves item 19 be deferred is there a second to the motion on deferral? And then we will discuss it. Mr. Reboso: Second. Mayor Ferre: There is a second. Alright, who wants to speak? Do you want to say something about this? Mr. King: Yes, sir we have some confusion on item 19. 1 want to refer back to December 15th, I believe it was - Motion number 77-966 was passed by a unanimous vote of the Commission to defer consideration of the acceptance of the plat entitled Begonia Villas and a plat entitled Marantha4 items Number 48 and 52 on the December 15 Regular Commission Meeting Agenda)until resolution of proposed zoning.,, Mayor Ferre: Yes, but that's not before us now... Mr. King: We11, the issue... Mayor Ferre: ...you see, .now that was deferred in December, it was deferred in January, and then when it came up in February the City Attorney said that under law‘when he was asked whether or not it could be deferred he said that we had no legal basis for deferral. is that right? MAR 61978 Mt. King: Well, this Motion has been passed. This was passed in the presence of the... Mayor Ferre: What motion? Mt, King: This Motion Nufnber 77-966 and 1 Mayor Ferret in becember? king: Yes, sir, and I. mnot.,. Mayor Ferre: ...and it was deferred and it came up in January and it was deferred again and then it came up in February and it wasn't deferred. Mr. Kings Well, has the proposed zoning in this general area been completed? The resolution of the proposed zoning has not been completed? We are still in the process of determining whether R=1B will be applied or not. Now, if you are going to defer item 19 again Marantha and Begonia Villas should not have been passed and I'm informed that Begonia Villas... Mayor Ferre: That was not a zoning matter. Mr. King: ... passed last week. Mayor Ferre: Fosmoen, would you explain what happened on those two lots that were replatted? Mr. Fosmoen: Two? Mayor Ferre: Yes, there were two lots. Mr. Fosmoen: This was on 22? I was not here at your last Commission Meeting, but my impression is that this Commission passed that replat at the last Commission Meeting. Mayor Ferre: Well, maybe you can explain it. George can you explain it? Mr. Knox: Right. The question about accepting a plat is whether or not all of the legal requisites have been satisfied when the matter is presented to the City Commission. All of the legal requisites associated with the acceptance of that plat had been satisfied at the time that the matter was presented to the Commission. Mr. King: Well, I don't understand that if there is in effect this resolution that has been passed deferring these two until the question of R-1B i.s resolved, that's the very wording of this resolution, it passed unanimously. Mr. Knox: Yes, but the question is that the question involving R-1B zoning is not a legal impediment to the granting of the1or the acceptance of the plat, in other words if the plat comforms to existing law, then the plat must be approved. Mr. King: Well, your interpretation of this motion is that it is an then, it means absolutely nothiu. Mr. Knox: Well, I say there was a requirement, the City Commission has the privilege to defer matters to obtain more information for it's own edification. Mrs. Gordon: As an explanation, 1 had asked as you know, on several occasions and have received deferments. At that partidular meeting we were so informed we could no longer find any justification in asking for anv further deferment. Therefore, the motion was... the item came up and it was voted on. I voted against it, that was my opinion and my vote, but that didn't make any difference the legal opinion of the attorney was that the Commission had to take action, like he just told us just now, that's what he said,. Mr. Plummer: And let me make a comment, Mr. King, what I told you this afternoon I want Father Duval and the rest to hear, ok? As I sit here for the eight years that I have been here the Charter says that as long as I never overrule the City Attorney he must defend me in any action that I His ruling was that we were obligated to vote on that motion. If I overrule the City ,Attorney and a law suit incurred, I am put on my own in the cold and there is no way that I am going to put my family in jeopardy, myself maybe, but my family never. He said you must vote on IA if I voted the opposite anything I did then I was personally liable for,- no ay that's going to happen, 85 NAF ina • Mayor Parte: Alright, is there anything else? Mr, king: Well, we would object to that, but we were glad to buy this motion to the undet+atanding that this would not be done until the 'fit -lb question was resolved and we also objected to the deferent of :tern 19. Mayor Ferrel Planning natters Cannot be deferred if they meet all the requirements Of the law according to the law. Mrs. Gordon: That'e a curious situation betausetyou know. I voted against it, Oki supposing two other tnembets had,what would happen then Mr, Knox? Mayor ferret They could take it to Court. Mr. Plummer: All three of them are personally liable. Mayor Ferre: And not only that they could take it to..,CEND OF STATEMENT INAUDIBLE) Mr. Plummer: Right now,., no, no truthfully 'Rose, you voted against the legal opinion of the City Attorney... Mrs. Gordon: So? Mr. Plummer: ... if someone comes up now, they can sue you and you have to furnish your own council and protect yourself, you do not have the office of the City Attorney to protect you. Am I right Mr. .. Mrs. Gordon: Well, if that be the case I want to tell you what I really feel about that kind of a situation. If that be the kind of situation and Mr. Knox. do you concur in that? Mr. Knox: Well, again the City Commission - well, while you may not be bound by any advice that you get from the City Attorney, at the same time there is some question about your personal liability if you act against the advice of the City Attorney. Mrs. Gordon: There is some questiony that's what you are saying, but what you are also saying is that I must... I don't see any reasons for any plats coming to the Commission if the Commission must rubber stamp what the Plat and Street Committee has done, that doesn't make sense. Mayor Ferre: There is a motion and a second... (INAUDIBLE BACKGROUND RESPONSE) Mayor Ferre: ... further discussion on the motion on 19 for deferral, call the roll. THEREUPON the foregoing motion to defer was introduced by Commissioner Plummer and seconded by vice -Mayor Reboso was passed and adopted by unanimous vote. ADJOURNMENT There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 7:35 P.M. MAURICE A. FERRE Mayor ATTEST; RALPH G. ONCIE City Clerk lTTY IHIRAI Assistant City Clerk 86 ` MAR 61978 CI1Y �F IVPAMI ITEM NO DOCUMENT INDE DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT 2 GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE IV, SECTION 3(2)(a), TO PERMIT CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON LOT 13 LESS W6', BLOCK 10 MEETING DATE: COMMISSION ACTION_ RETRIEVAL CODE __NO, _. 0021 R-78-181 78-181 3 GRANTING AN ADDITIONAL ONE-YEAR WAIVER OF DEVELOPMENT OF 61 OF 309 REQUIRED OFF-STREET PARKING SPACES SUB- JECT TO A FIVE YEAR REVIEW, AS PROVIDED IN ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 2(6) R78-182 78-182 4 GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE FROM ORDINANCE NO. 6871, ARTICLE VIII, SECTIONS 3(2)(a)(b) TO PERMIT CONSTRUCTION OF A TWO STORY DUPLEX RESIDENCE ON LOT 1, BLOCK 5, ROSELAWN PARK 5 GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4. TO PER- MIT CONSTRUCTION OF A BUILDING TO BE USED FOR WHOLESALE SALES ON LOTS 21 AND 22 LESS WEST 13', BLOCK 1 6 AFFIRMING THE ZONING BOARD GRN1T TO VARIANCE FROM ORDI- NANCE NO. 6871, ARTICLE IV, SECTION 19(7)(a) & (b) R-78-183 78-183 R-78-184 78-184 R-78-185 78-185