HomeMy WebLinkAboutCC 1977-01-26 Minutes14
CITY, 0
•
OF MEETING HELD ON
JAN '4 6 1977
MIAMI
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
•
RALPH G. ONGIE
CITY CLERK
INo
CiTndQli ERS
ITEM ISO,
SUBJECT
ORDINANCE OR
RESOLUTION No. PAGE NO.
1.
10.
FIRST READING ORDINANCE: AMEND ARTICLE XV, C-3
DISTRICT, CAR RENTAL AGENCIES AS A PERMITTED USE.
AMEND ARTICLES II, XI, XI-2 AND XI-3 - HELISTOPS AND
HELIPORTS AS CONDITIONAL USES.
FIRST READING ORDINANCE: AMEND ARTICLES XIV-1 AND
XXIV - SUPPER CLUBS AND CERTAIN SIGNS IN C-2A DISTRIC S
FIRST READING ORDINANCE: AMEND ARTICLES II, IV, XIV
AND XVI DEFINING AND ALLOWING ADULT BOOKSTORES, MASSA E
PARLORS, MOTION PICTURE THEATRES AND PRIVATE DANCING
IN CERTAIN DISTRICTS.
CLOSE PORTION OF N.W. 33RD AVENUE FROM NORTH RIGHT-
OF-WAY LINE OF N.W. 13TH TERRACE, NORTHERLY TO COMFOR^
CANAL IN CONJUNCTION WITH TENTATIVE PLAT #961 -
"YVETTE SUB".
APPLICATION FOR ZONING CHANGE - 2300 S.W. 2ND TERRACE
FROM R-1 TO R-2.
FIRST READING ORDINANCE: CHANGE OF ZONING ON LOTS
6 & 7, BLOCK 1, MACFARLANE HOMESTEAD PLAT LOCATED
APPROXIMATELY 3739 GRAND AVENUE FROM R-1 TO C-2A.
REQUEST FOR EXTENSION OF WAIVER OF DEVELOPMENT OFF-
STREET PARKING SPACES; S.E. CORNER OF N.W. 5TH AVENUE
AND 34TH STREET.
GRANT 6-MONTH EXTENSION OF CONDITIONAL USE FOR CON-
STRUCTION OF BUILDING AND PARKING LOTS - 535 N.W.
15TH STREET.
SECOND READING ORDINANCE: AMEND ARTICLE XXX -
REVISING TIME LIMITS PERMITTED BETWEEN BOARD AND
COMMISSION MEETINGS.
11. SECOND READING ORDINANCE: ESTABLISHING A NEW ZONING
DISTRICT, C-4A, BOULEVARD COMMERCIAL.
12. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSI-
FICATION OF CERTAIN PROPERTIES LOCATED ON AND
ADJACENT TO MARTIN LUTHER KING BLVD. FROM EXISTING
ZONING TO C-4A.
13. REQUEST TO ESTABLISH ZONED STREET WIDTH OF 9TH AVENUE
N.W., NORTHEAST, APPROXIMATELY 160' NORTH OF N.E.
83RD STREET, AT 40' (50' REQUIRED).
14,
15.
APPOINTMENT OF ZONING BOARD MEMBER.
FEC PROPERTY - CONDEMNATION PROCEEDINGS
FIRST READING
ORDINANCE
DEFERRED
FIRST READING
ORDINANCE
FIRST READING
ORDINANCE
R-77-62
DEFERRED 12-15
FIRST READING
ORDINANCE 15-17
1
2-3
4
4-10
DEFERRED
R-77-63 (A)
R-77-63 (B)
0-8607
0-8608
0-8609
DEFERRED
DEFERRED
10-11
18
19-21
22
22-23
23
23
23
ANNOUNCEMENT OF 24-25
SPECIAL EXECUTI
SESSION
111
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
ON THE 26TH DAY OF JANUARY, 1977, THE CITY COMMISSION OP
MIAMI,3 �IIQQRIDA MET AT ITSa REGULAR MEETING MEETING PLACE IINETHTHE
CISYSSION�
TALL, UU PAN AMERICAN URIVE, lIAMI, FLORIDA N
'HE MEETING WAS EITH THEFOLOWINGMEMBERSOF
AWORDER L:OTHEE BY
MAYOR MAURICE A. FERR
MISSION FOUND TO BE PRESENT:
Comm,b5Sioner Ma►LoE'o Reboso
Comm.issionen J. L. Peummen, Jr.
Comma s s.io►ten Rcs e Gondo►1
Vice -Mayon Theodone Gibson
Mayon Maumee A. Fenne
ALSO PRESENT:
Jo4eph R. Gnassie, City Managers
R. L. Fosmoen, As4istant City Managen
Geonge F. Knox, City A-ttonney
Ra.eph G. Cngie, City Ceenh
Matty H-ina.i., Asststan-t City Cee'h
An knvocatLon was deetvene.d by Revenend Gibson who then
t1 tho.se present in a ptedge o6 aelegiance to the gag.
A MOTION TO WAIVE THE READING OF THE MINUTES WAS INTRODUCED
AND SECONDED AND WAS PASSED UNANIMOUSLY.
1, F1RS i READING ORDINANCE: AMEND ARTICLE XV, C-3 DISTRICT.
CAR RENTAL AGENCIES AS A PERMITTED USE.
Mayor Ferre: Good afternoon, Ladies and gentlemen, this is a formal City Commission
session on Planning and Zoning matters.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE
XV, CENTRAL COMMERCIAL, C-3 DISTRICT, BY ADDING A NEW SUB-
SECTION (6-A) TO SECTION 2 TO ALLOW CAR RENTAL AGENCIES WITH
CERTAIN RESTRICTIONS, AS PERMITTED USES; REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE
IN CONFLICT; AND CONTAINING A SEVERABILIY PROVISION.
Was introduced by Commissioner Plummer and seconded by Commissioner Gibson
and passed on its first reading by title by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: Noe,
The City Attorney read the ordinance into the Peblie record anc lnnoinond
that ,copies were 4vai.4abie to the members of the city coMmiseicon and to the public,
1
1
J AN `' b 1977
2. AMEND ARTICLES II. Xi) XI-2 AND XI-3 - - DISCUSSED AJD DEFLRRED,
HELISTOPS AND HELIPORTS AS
CONDITIONAL USES,
Mayor Ferre: Take up item number 2, please. First reading planning department
application amending article II, XI, XI-2 and XI-3 to define and allow helistops
and heliports as conditional use with criteria and restrictions. The Planning Ad-
visory Board recommended denial by a 4-3 vote. Are there any objectors or proponents
of this? You are a proponent of it. Why don't you listen first to the Administration's
recommendation and update on the Planning Advisory Board's decision and then after
that we'll listen to you.
Mr. R. Fosmoen: This item was generated by the staff in order to begin to control
what's a relatively new phenomenon. We have language in the ordinance controlling
heliports but the use by various corporate office headquarters of helicopter for
transit purposes is relatively new and it's the recommendation of the staff that
this be incorporated into the ordinance to give us some control over the location
and operation of helistops. In other words, using helicopters for short-range
kinds of transit purposes. The Planning Advisory Board, by a 4-3 vote, recommended
against this. I think there was some concern about the impact on residential
properties, noise and so forth. I guess our position is that if we can begin to
control this use, then we can alleviate those potential negative consequences
rather than just leaving the question open.
Mr. Plummer: Has this been run through the FAA? There is no letter on record as
to a response?
Mr. Bob Davis: FAA requirements come into being with respect to the individual
applications for permission to land a helicopter at its site. The specific re-
quirements would be part of each individual application as it comes before the
Zoning Board as a conditional use, we would then check for the specific FAA
approval and State Department of Transportation approval.
Mr. Plummer: That's on each and every application.
Mr. Davis: Yes, sir.
Mr. Plummer: I've got no objection.
Mrs. Gordon: I would like to know, generally we have been furnished with minutes'
of the meetings that took place at the Planning Advisory Board level or the Zoning
as the case may be. In this package of information that I have here today, I do
not have any minutes whatsoever.
Mr. Plummer: Well Rose, it was agreed, as I remember, that rather than having
to furnish us with 3 or 400 pages of minutes, I thought it was agreed upon by the
Commission that they would be made available on any one that we requested rather
than just giving them out Carte Blanche.
Mr. Davis: This is the understanding that we had, Commissioner, and since the
minutes are transmitted to the Commission as a Whole, I understand your problem
on this particular one but the minutes have been transmitted to you previously.
But if there are any particular minutes you wish, we can provide them.
Mrs. Gordon: Let me clarify. I did not receive this agenda packet either. I saw
it today for the first time.
Mr, Davis: It was distributed 10 days ago, Mrs. Gordon.
Mrs, Gordon: I didn't get it. I'm not blaming anybody, I didn't receive it.
Consequently, I had no way of knowing what items were coming up nor do I have any
background material.
Mr, Davis: We've made a practice, Commissioner Gordon, of distributing these 10
days prior to the Commission meeting and these were available in the City Manager's
Office for the Commissioners at that point,
Mrs. Gordon: I would like to offer an amendment to that procedure that the matters
that come to this Board for action be accompanied with excerpts of the minutes
relating to that particular item, whatever the items are, that are before us,
When you have an item such as this with a 4-3 vote, which is a pretty tight vote,
regardless of what the recommendation of the department is, it's my desire to know
the feelings and the concerns of the Planning Advisory Board. I would not be willing
to vote on this item with this information provided as it is.
9
Id
JAN 2 6 1977
Mr, ctassie: could We assume, Mr. Mayor, that the areequest that
atrisaobeingimade is
in the case of controversial items, not in every
s
a 7-0 Vote► you wouldn't want that.
elf. I
ld
ust
o
add, Ferre: Commissioner thnI agree°n can completelykfor with hersstatementsuand]the wayeItWould
add, first of all, thatg
see it, certainly in items where you have a 4-3 vote and obviously it's just not
quite that simple. Now when I see a department recommendation which goes 7-0
on the Planning Board and there are no objectors present, then I would assume that
that would make pretty good sense. That doesn't relieve me of the responsibility
of being informed of what this is but when I see a 4-3 vote, then I would assume
that that's something that we really have to think about a little bit so I would
certainly subscribe to that. On the other hand, Mr. Manager, I know we try to
circumvent the luminous bulks of things that usually don't even get read. I would
like to recommend, this will be less paperwork but perhaps more work, but that it
be excerpted and outlined by somebody objective that would underscore both sides
of controvert' and then, if this is acceptable to you, Rose, if then one of the
Commissioners want to see the full bulk of the testimony which might be 300 pages,
then that person could ask for it. I, for one, would be perfectly satisfied to
have a basic excerpt of the basic arguments on both sides.
Mr. Grassie: We will attempt to provide that for you the next time and if...
Mrs. Gordon: To make it easier and to clarify the request, the good
then
would be, in those cases where the Planning Department and the Planning Board agree
and it's a unanimous decision, we don't need the excerpts of the minutes but where
there is a difference of opinion between the Department and the Board and it's
not unanimous, or even
lunanimous,
knowthere
what'ssgoingdifference of opinion between
the Board and the Department, we
Mr. Grassie: Exactly. We'll summarize that for you in any case.
Mrs. Gordon: I would like the full excerpt. I like to read the comments.
Mr. Davis: I was going to suggest that sometimes it is very difficult to get a
correct excerpt and do it objectively.
Mrs. Gordon: I'd rather have the full thing and read it. I move to defer this item
because we need more information.
Mr. Plummer: I second.
Rev. Gibson: Further Discussion? Call the roll, please.;
Mr. Ongie: Mr. Reboso?
Mr. Reboso: Yes.
Mr. Ongie: Mrs. Gordon?
Mrs. Gordon: Yes.
Mr, Ongie: Mr. Plummer?
Mr. Plummer: Yes.
Mr. Ongie: Vice -Mayor Gibson?'
Rev. Gibson: Yes.
JAN 2 61977
3, FIRST READING ORDINANCE: AMEND ARTICLES XIV-1TAND StGfJS IN C-2A DISTRICS.
SUPPER CLUBS ANDCER
Mayer Ferrel Alright# on item number 3,
Vitt. Gordon: Yes sir. Was the Planning
piahhing Advisory Board in this matter?
a unanimous vote, apparently.
Mayor Ferre: You want to defer this?
Mrs. Gordon.
Department's recommendation the same at the
Well in that case ate l .l go with it and it's
Mrs. Gordon: No sir because apparently, on relying upon the Department's recommen-
dation and the Board's recommendation being unanimous, that even though I don't have
the back-up material that there was no controversy.
Mayor Ferre: Alright, are there any objectors to item number 3 present? if not,
Mrs. Gordon moves the approval of item number 3. Is there a second?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE
XIV-1, SPECIAL COMMUNITY COMMERCIAL, C-2A DISTRICT, BY ADDING
A NEW PARAGRAPH (1) TO SECTION 2, SUBSECTION (57) TO ALLOW
SUPPER CLUBS AS CONDITIONAL USES AND BY DELETING EXISTING
SECTION 7 AND SUBSTITUTING A NEW SECTION 7 TO CLARIFY THE HEIGHT
LIMITS; AND BY AMENDING ARTICLE XXIV - SIGNS, BY ADDING A
NEW PARAGRAPH (i) TO SECTION 6, SUBSECTION (2) TO PROVIDE
SPECIFIC FLAT SIGN LIMITATIONS FOR ESTABLISHMENTS OF THE
PERFORMING AND/OR EXHIBITING ARTS LOCATED IN THE C-2A DISTRICT,
AND BY ADDING A NEW SUBSECTION (4) TO SECTION 6 TO REQUIRE
PLANNING DEPARTMENT APPROVAL OF NEW SIGNS PERMITTED IN THE
C-2A DISTRICT; REPEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT;
AND CONTAINING A SEVERABILITY PROVISION.
Was introduced by Commissioner Gordon and seconded by Commissioner
and passed on its first reading by title by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and announced
that copies were available to the members of the city commission and to the public.
Reboso
FIRST READING ORDINANCE: AMEND ARTICLES II, IV, XIV AND XV1 DEFINING AND
ALLOWING AUUT II BOU} I ORES, DANCING . ORS, MOTION
PICTURE RHEA CERTAIN
DISTRICTS.
Mayor Ferre: Is there anybody objecting to this here? Are there any objectors?
Mrs, Gordon: Oh boy, that is some ordinance. it competes with what we're trying
to eliminate in its terminologies.
Mayor Ferre: Let's start off by asking this question. As I understand, this is
patterned after the so-called Detroit Zoning Ordinance where the City of Detroit
started by specifically stating that certain areas of the City would be specifically
zoned allowing these type of activities because the Constitution guarantees the
right of so on, so on and so on, and therefore what the City was doing was trying
to limit where these things could happen so that that would fit within the Constitutional
Guideline. But as I understand it, the ones that exist are grandfather. Is that
right?
Mr, Knox: yes sir, they're grandfather to the extent of our.existin9 rules and
regt1ations and the law as it applies to non -conforming uses,
Pmk
.J A N 2 6 1977
Mfs. Gordon: Mr. Mayor, this was not a unanimous decision of the Planning Advisory
Btsard. That doesn't necessarily say that that would influence but I do think that
the two persons who voted against it, I don't know who both of them are but t know
ohe of them is here and would it be irregular to ask for an expression of... No?
Alright. The person doesn't want to speak. Never mind, let's forget it.
Mayor Ferre: Not only that, Rose, but you set up a precedent that...
Mrs. Gordon: I understand, we'll just forget it.
Mayor Ferre: I think the way to do that is to do it on a personal basis.
Mrs. Gordon: Alright, my objection to this particular ordinance, as I've
is the descriptiveness of it and...
Mayor Ferre: Are you for or against?
Mrs. Gordon: Not the intent. The intent to set aside specific areas of the
City, the ordinance is not what I'm objecting to. I am leaning to my
objectives and leaning to the wording in the ordinance itself.
Mr. Grassie: I wonder, Mr. Mayor, whether we have to ask the City Attorney to
speak to some of the case law that has influenced some of the wording here.
Mayor Ferre: Before we get into that, and excuse me for trying to cut through or
get involved in things that I know nothing about, I'm talking about the law now,
as I understand it, the Supreme Court really has opted for ruling in these things
that each community has got to kind of make up his own mind as to what they consider
to be immorally objectionable. Am I paraphrasing it more or less in the general
sense of what... And that's really what this is all about.
Mr. Knox: Objectionable as, in the law as they say, as arousing or pandering or
catering to an individual's interests as established by the standards
in the community.
Mayor Ferre: In effect, what we're trying to do here, is, since the Constitution,
as interpreted by the Supreme Court, specifically states that we cannot, because
of the First Amendment of the Constitution, we cannot get involved in the aspects
of free expression and free speech but what we can do, I guess, is regulate certain
aspects of it as to where it can or cannot happen and I guess the City of Detroit
were the first ones to start off with this and it's been done in many other
communities and I guess what it says is that you can't do it on a discriminatory
basis so what, in effect, you're doing is you're saying that any area that has C-4
or higher. Of course that's an awful... Have you got a map of the City to show
where C-4 is so we can all... C-4 as it exists today or is this the propsosed.
Mr. Foesman: This is existing but I think we have to note that within the C-4
district there are distance limitations. For example, cannot be located closer
than 500 feet to any residentially zoned property...
Mayor Ferre: Is that legal?
Mr. Foesman: Yes, according to our Attorney it's legal.
Mayor Ferre: Well then, in effect, what you're doing is you're building them out
of the City of Miami.
Mr. Foesman: Not quite because the areas that are indicated in white on this map
are the areas that would permit adult entertainment and within those areas there's
1,000 foot distance between locations.
Mayor Ferre: I'm sorry, repeat that.
Mr. Foesman; Within those white areas, you must have 1,000 feet between adult
entertainment uses so we are limiting the number by limiting the location,
Mayor Ferre; Mr. Foesman, what I'm saying in effect is that if you take the distance
between anywhere in that white area where there is a residence that it is hOt 1,000
feet,
Mr, Foesman; Residentially zoned property.
Mayor Ferre; Qh, residentially zoned.
5
JAN (.1977
(INAUbtiaLt )
Mayor Ferret
(tNAUDIDLD)
Mrs. Gordon:
That's already been faked into
Are you talking of 1, 000 feet
or are you not?
Mr. Foesman: 1,000 foot radius.
Mts. Gordon: Radius which that would prohibit as the Mayor said, any. Not that
I'm any but I'm simply saying that if you're going on the strip zoned
area the depth of the zoning is generally not more than 100 or 150 feet.
Mayor Ferre: I'll tell you what this does, Rose. This would limit it and of
course those that have it have and I guess their...
Mrs. Gordon: I'm for this, I just don't like the description. If you can change
the wording somewhat and accomplish the same goal, I don't think this is the proper
thing to go into the Code.
Mayor Ferre: The problem is that there's no other way of doing it unless you get
into these hard -termed definitions because otherwise you get into all of these
legal problems in defining what is a or whatever it's called.
Mr. Knox: The difficulty, I think, is that we can't take credit, if you will, for
the language that is used to define these specified anatomical areas, for example.
To that extent, we copied off of the ordinance that is in existence in Detroit
and the difficulty is that I think that even though it sounds racey perhaps, it is
still very scientific.
Mayor Ferre: What you're saying is that even though it makes exciting reading in
some sectors, it's also good legal language.
ns
Mr. Knox: That's right.
Mr. Plummer: Can I ask a question?
Mayor Ferre: Is this a scientific question or...
Mr. Plummer: Oh very definitely, Mr. Mayor. George, this obviously is patterned
after the so-called Detroit Law. How long has it been in effect in Detroit and
what has been the results of it? Has there been any test cases? Are we spinning
our wheels or is it working in Detroit?
Mr. Knox: Well I don't have any information as to whether or not it's working in
Detroit. I do know that it was tested. The Detroit Ordinance is the basis upon
which the Supreme Court made a decision that zoning is a way to regulate these
so-called adult entertainment activities. Now I have not seen any publicity about
the success of the Detroit method but I have seen some publicity about the failure,
if you will, of the so-called Boston, a combat zone method. So silence may mean
success in this respect.
Mayor Ferre: From a practical point of view, what, in effect, you're doing, as I
read this map, you're kind of limiting it along Biscayne Boulevard for a couple of
blocks on either side. It kind of breaks somewhere around 20th and then it goes
all the way down to the downtown, it completely knocks out the whole downtown
core area for the exception of the Government Center and it goes down to the river
right behind the "Y", as I see it. Now over, going west, what street is that that
goes West? No, that's not 79th, that looks like 20th.
Mr. Plummer:
Mayor Ferre;
Mr. Grassier
said earlier,
That's the old incinerator, the junkyards, the fish houses.
That goes through Mayor Marden's operation. Isn't that where that is?
Just as a word of clarification based on what Commissioner Gordon.
my impression is that we are talking about it being possible to
establish these establishments in these white -hatched areas as long as they are
not closer than 1,000 to each other. In other words, the radial distance has been
considered when the white areas were marked.
ERNIE
OE
MINMEN
MOM
mmr
MIL
V
are k; 1977
i aY t retr: tet ire speak out in favor of this. I realize that it touches upon
there netths of people that are interested in free expression in the United States
and f think there is good arguments that can be used about what art is and what art
isntt and so on but I don't think we're kidding anybody and we certainly should not
use legalistic arguments in something which is what it is and I don't think that
we can legislate morality but on the other hand, I think it has a specific deterring
aspect on our tourist economy and on other things so just from a practical aspect
of it, in these places are, just by their very nature, degrading in nature, if they
Were a little bit more open or a little bit more attractive or something, I don't
know. Just from a practical visual thing, all these dark rooms with curtains and
all that, it's the type of thing that I don't think adds and it detracts greatly
from this community's not only moral fib.Ar, I don't want to be moralistic about
'it, I'm talking practical. Evidently there's no other way of doing other than
in these hard, descriptive terms. It has worked in Detroit. The origins of this,
for your information, was that somebody from Detroit from the Mayor's Office sent
me some newspaper clippings and a copy of this. I, in turn, sent it on to the
City Attorney's Office and to the Manager's Office requesting that this be studied
and recommended for processing and it has taken about 6 months and here we are.
I understand, Rose, your misgivings on the wording of it but unfortunately there
is no other way to do it.
Mrs. Gordon: Why not just eliminate 84B?
Mayor Ferre: If you eliminate the language as drafted
Mrs. Gordon: I think it's understandable.
Mayor Ferre: But then you get into the legal aspects of it because it's like,
for example, our regulations against prostitution which are almost meaningless
because the Judge just doesn't take them seriously. If you start watering down
these things, what ends up happening is that when it gets to the judicial level
in the courts, then somebody is just going to completely ignore it because you
don't get down to the... And that's exactly what the problem with the Supreme
Court has always been is not in accepting the premise, the Supreme Court, if you
read these minority positions the Court has taken, they're in favor of all of
these things but they don't know how to define it and they say so, legally and
technically, how do we define all of these things. So what has happened is local
communities like Detroit have taken the first brave step of trying to define and
unfortunately you get into all of these kinds of specific references.
Mr. Plummer: Mr. Mayor, somewhere we're kidding ourselves and let me tell you why.
When you sent me out to California in March of last year, I look here at the so-
called classifications which are formed in number; Adult Bookstore, Adult Massage
Parlor, Adult Motion Picture Theatre and Adult Private Dancing. Let me tell you
what happened out there just to give you an idea. The day I was in Los Angeles,
the City Commission declared that massage parlors, in fact, needed more regulations
and they went into the fact that the people who gave the massages would have to
have a four year education, be licensed by a Board, all of the stuff would have
to be done, they would have to list the name of the client, his address, what kind
of treatment he got and how much he paid. And immediately, with a Live -Eye, they
went down to the massage strip and they interviewed a man who said alright, now
that they've made all these new regulations about your massage parlor, they're
going to put you out of business. He says, not me. They said, what do you mean
and he said, well yesterday I became a Love Parlor. They said, what's a love
parlor: Well we don't give massages, don't worry about it. They said, well what
do you do now and he said, well you go in and you make an appointment to sit 15
minutes and talk with a girl. And he just completely, in 24 hours, circumvented
the law.
Mayor Ferre: I know but I think we've got to start somewhere and I discussed this
with Coleman Young and some other people in Detroit and they're satisfied that
they're beginning to make a... It's a beginning. I'm sure that it will he changer]
many, many times. I think it's just an expression on this Commission's part that
we're going to try to do our portion to try and limit this so that it's not a scorch
on the community and I'm talking about from a practical point of view, I'm nog
being moralistic.
Mr. Plummer: Well, M. Mayor, I seconded the motion but I'll tell you truthfully
that I have serious reservations.
Mayor Ferre; Who made the motion?
Mr, Plummer; Mr. Reboso, Before the second reading of this comes about, Mr, Mayor,
7
JAN 3 U 1977
I would like, in fact, facts of what is happening with the Detroit situation.
The successes or failures of Detroit .and maybe Boston, if they have a like Ordinance,
and let's see if we're really spinning our wheels or if we're accomplishing soMo,
thing,
Mayor Ferre: Alright, then on first reading it's been duly moved and seconded.
Further discussion?
Mrs. Gordon: I cannot vote favorably for this as worded. I am in accord on the
intend and the need for regulation. Certainly there must be some way that this
ordinance can be rewritten and I would like to see this tabled to the next meeting
and ask the Law Department to...
Mayor Ferre: There's a motion that the item be tabled and that goes with that
discussion.
Mr. Plummer: Excuse me...
Mayor Ferre: The motion to table means that it's actually..
Mrs. Gordon: To reword this is in a way that it would be less offensive
extremely offensive in its wording.
Mayor Ferre: Well that's a different motion now.
Mrs. Gordon: I table the motion.
Mayor Ferre: Motion to table means that it's tabled and it doesn't come up�in1ess '
somebody brings it up again until the next meeting.
Mr. Plummer: And it's not, in fact, the first reading.
Mayor Ferre: There's a motion to table, that goes with that discussion.
Mr. Knox: May I add one thing, please. There may be some difficulty, in all
candor, Mrs. Gordon, with attempting to reword it in the sense that the main
reason why ordinances are declared unconstitutional is that they are vague. This
is a constitutional ground for overturning an ordinance so we necessarily must be
specific for two reasons. Plumber one, we must be specific in order to define
precisely what it is we are attempting to regulate and the second reason that we
must be as specific is that we have to be concerned with separating this kind of
activity from so-called "art". And the descriptive terms that we use in here
are once again somewhat racey but at the same time...
Mayor Ferre: Look, with all due respects, the motion to table goes without discussim
so call the roll please.
Mr. Ongie: Mrs. Gordon.
Mrs. Gordon: Yes.
Mr. Ongie: Mr. Plummer.
Mr. Plummer: This is on the motion
Mr. Ongie: Yes.
Mr. Plummer: I'll vote "no".
first and second reading.
Mr. Ongie: Mr, Reboso.
Mr. Reboso: No.
Mr. Ongie: Reverend Gibsoh:,::
Rev, Gibson: No.
Mayor Ferre; l vote "no",
(TIiE pRECEEplNG MOTION TO :TA
I think any problems can beworked out between the.
EL
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EMI
JAN 2 6 1977
ORDINANCE ENTITLED=
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE
2bNING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE
II, DEFINITIONS, BY DELETING EXISTING SUBSECTION (1-A) THROUGH
(1-E) TO SECTION 2, TO DEFINE ADULT, ADULT BOOK STORE, ADULT
MASSAGE PARLOR, ADULT MOTION PICTURE THEATER AND ADULT PRIVATE
DANCING; BY ADDING NEW SUB -SECTIONS (84-A) AND (84-B) TO SECTION
2 TO DEFINE SPECIFIED ANATOMICAL AREAS AND SPECIFIED SEXUAL
ACTIVITIES; BY AMENDING ARTICLE IV, GENERAL PROVISIONS, BY
ADDING A NEW SECTION 44, REGULATED USES, TO INCLUDE THE USES
DEFINED ABOVE AND FURTHER PROVIDING DISTANCE REQUIREMENTS
FOR THE LOCATION OF SAID REGULATED USES; BY AMENDING ARTICLE
XIV, COMMUNITY COMMERCIAL - C-2 DISTRICT, BY DELETING THE
EXISTING TERM "MASSAGE PARLOR" FROM SUB -SECTION (6) SECTION
1; AND BY AMENDING ARTICLE XVI, GENERAL COMMERCIAL - C-4
DISTRICT, BY ADDING A NEW SUB -SECTION (35-A) TO SECTION 1,
TO ALLOW REGULATED USES, AS DEFINED, AS PERMITTED USES;
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A
SEVERABILITY PROVISION.
Was introduced by Commissioner Reboso and seconded by Commissioner P1Urnflier
and passed on its first reading by title by the following vote-
AYES: Commissioner Reboso, Commissioner Plummer, Vice -Mayor Gibson, Mayor Ferre
NOES: Commissioner Gordon
ABSENT: None.
The City Attorney read the ordinance into the record and stated that copies!
had been furnished to the commissioners and that copies were available to the
public.
ON ROLL CALL:
Mr. Ongie: Mr. Plummer'
Mr. Plummer: With the understanding that Mrs. Gordon will proffer what
language is acceptable to her but still legal and that it be cleaned up
and we have the information prior to a second reading as to the success
or failure in Detroit and Boston, I vote "yes".
Mrs. Gordon: J. L., don't put me in on the rewording, that's not my job.
I'm only a part-time employee here.
Mr. Plummer: Rose, I think it's going to have to be, from what I have
understood, something that's acceptable to you so what's acceptable to
you? Only you know.
Mrs. Gordon: Well I'm only one, I'm 20% of this Commission.
Mr. Plummer: Rose, anything that's acceptable to you on a sexual basis
is acceptable to me --- as it relates to the ordinance.
Mayor Ferre: This is all very cute and very fun but this happens to
be very serious.
Mrs. Gordon: I know. It's very serious and I believe it will have
beneficial affects but as I said, my grand -daughter likes to read my
Code book and doggone it, I don't think I want her reading this. She
is 8 years old.
Mayor Ferre: I understand your point and I think you have alot of
merit in the statement that you made. The unfortunate part of it is
that the Constitution of the United States as interpreted by the Supreme
Court of the United States, forces us to be specific in terms and if
we don't get specific, we unfortunately fall into the difficult
Situation of being vague and therefore it could be thrown out under
Constitutional terms so we're forced to do that which we really don't
want to do and that's to be specific, Who's voting now?
.r, Ongie; Mr. Reboso
RebpPQ; ¥es,
Reverend Gibson
Gibson: Yes,
ongie: Mrs. Gordon!
s, Gordon: t vote "no",
Mr. Ongie: Mayor Ferre?
Mayor Ferre: On first readings and due to the explanation given to
us by our City Attorney, Mr. Knok, and with a stipulation that were
going to look into the possibilities of amending the wording, if possible
within the legal structure, as recommended by the City Attorney, t vote
"yes".
(,LOSE PORTIONQF N+W, 33 AVE, FROM No. RIGHT-OF-WAY
LINE OF N.W. TH IE R,, NORTH RLY TO COMFORT CANAL
IN CONJUNCTION WITH 1ENTATIVE PLAT #9bl - "YVETTE SUB".
Mayor Ferre: Alright, now we're on item number 5 on the 2:30 agenda, an applica-
tion by Ernesto Gonzalez to close a portion of 33rd. Mr. Gonzalez. The Zoning
Board recommended a 4-2 vote, the Planning Department recommended approval, there
were no objections received in the mail, there were 4 objectors present at the
Zoning Board Meeting. Now are there any objectors present today? As I understand
it, the recommendation...
Mrs. Gordon: I remember this one specifically.
Mr. Bob Davis: Let me explain, if I may, Mr. Mayor...
Mayor Ferre: As I recall, Father, those were those 4 Black gentlemen who came up?
Mr. Davis: No, sir,
closure of N.W. 33rd
Mr. and Mrs. Harkie.
Mrs. Gordon: Have they withdrawn their objections, Bob?
Mr. Davis: And in order to solve this problem, Mr. Gonzalez has filed a new plat.
We were able to get the State to release its rights to certain properties right
in here, their rights to them across here. This was included in Mr. Gonzalez's
property here. Mr. Gonzalez agreed to move his cul-de-sac up into this situation.
The Harkie's have agreed to cooperate in this plat and a new Tract C has been
added to this which is not a buildable site. You remember, this is where Mr. &
Mrs. Harkie had fenced off with an agreement with the Public Works Department.
This will be under the new plat but it's not a buildable site and there's an
agreement, as I understand it, between Mr. Gonzalez and the Harkies' to pass this
back over to the Harkies' upon completion of the plat. At this point, I think
most of the objections have been eliminated. Am I right?
Mrs. Gordon: Whose title is it now? Who owns it now, that green piece?
Mr. Davis: This property is part of the City's property.
Mrs. Gordon: It belongs to the City?
Mr, Davis: It's under custodialship of the City as part of this
Mrs, Gordon: Is it being deeded to the neighbor...
Mr, Davis: It is being deeded in this plat to Mr. Gonzalez who is going to, because
he's planning this, but Mr. Gonzalez will pass it back over to the Harkies'.
Mrs. Gordon: What agreements have been made to that effect?
Mr, Davis: Would you tell them on this, Mr. Gonzalez?
Mr, Ernesto Gonzalez; Ernesto Gonzalez, 350 $,W, 124th Avenue, My 4greement:be=
tween the xarkies' and myself, I am deeding that tract 0, the one in green,
include it in my original plat,
let me explain to you if I may. This was a petition for the
Avenue. It was objected to by several people including a
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77
JAN 2 61977
Mayor teere: Alright) what is the will of this Commission at this point Oh this
tatter
Mr. Davis: Mrs. Harkie would like to speak, if she tray, Mr. Mayor,
Mayor Ferret Oh, are you an objector?
Mrs. Harkie: I'm not an objector anymore but I would like to speak. My natlte is
Sharon Harkie and I live at 3298 N.W. 13th Terrace which I believe my property
is shown next to the green. I'd like to say that we were objecting to this pre".
viously, however Mr. Dooney visited our home as well as Mr. Gonzalez and we had
a meeting of the minds. As a result of that, the Planning Committee met and they
decided that it would be in the best interest of everybody if this section, the
green section designated on here as Tract C of this plat, were to be deeded over
to Mr. Gonzalez and then he would sign an agreement deeding it back to us. 1
believe that Mrs. Gordon has read that paper.
Mrs. Gordon: I just read it. I handed it back to Mr. Davis because he handed it
to me. He's got it now.
Mrs. Harkie: Yes, I'd like to read it into the public record. "I, Ernesto Gon-
zalez, do hereby swear that upon final recording of land known as 'Yvette Sub -
Division', tentative plat number 961B, I will immediately deed over to Glen Lee
Harkie and Sharon Harkie, his wife, tract C of said plat. Final recording will
be made within not more than 6 months after Commission approval of this plat and
there will be no remuneration for this deeding over of the above land to Glen
Lee Harkie and Sharon Harkie, his wife." To this there is an attachment which
reads, "Consideration for this deeding over will be in the form of withdrawal by
Glen Lee Harkie and Sharon Harkie, his wife, of objections to said plat." This
has been signed and notarized by Mr. Gonzalez.
Mrs. Gordon: Okay, now for the public records of those who may choose to read
this two or three years down the road, so they may not misunderstand what has
taken place here today, the piece of property in question is the triangular sliver
of land contiguous to the Harkie property and the Expressway and of no use to
anyone at all to deed it by a third party method or to deed it direct by the City
to the Harkie's is of little importance. The important thing is that equity is
being served and that the area will benefit from the new plat.
Mr. Davis: I wish to add further, Mr. Mayor and Commissioners, if I may, that
this new plat was duly improved by the Plat and Street Committee.
Rev. Gibson: And I want to say that I was out there just before noon. This
certainly solves the problem and makes it liveable. I don't know how in the world
the people, I better not say that. It is a bad situation and if this makes peace,
I'd like to offer.
Mrs. Gordon: I second.
Mr. Gonzalez: May I say something? There was always peace in my mind with my
neighbors and everyone in the world. I was not at war with them, this was only
a little disagreement and this happens everyday, Commissioner Gibson.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-62
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING
THE PUBLIC USE OF N.W. 33RD AVENUE FROM THE NORTH RIGHT-OF-
WAY LINE OF N.W. 13TH TERRACE, NORTHERLY TO COMFORT CANAL,
IN CONJUNCTION WITH TENTATIVE PLAT NO. 961 - "YVETTER SUB".
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Ws—
F
Upon being seconded by Commissioner Gordon, the resolution was passed
adopted by the following vote -
AYES; Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J, L. Plummer, Jr,
(Tice -Mayor (Rev,) Theodore Gibson
Mayor Maurice A, Ferre NOES; t344.
11
li,'i ''. (; 1977
6. APPLICATION FOR ZONING CHANGE - 2300 SA AND TERRACE - FROM R-1 TO R-2.
lI`D FOR FM ItCOMIATION,
Mayor Ferree Take up item number 6, Mr, Jose Pina, application for a Change f
;Going of property at 2300 S.W. 2nd Terrace from I2=1 to Ft-2. The Zoning Board
recommended a denial, 5-2, the Planning Department recommended a denial. Eight
Objectors were received in the mail, no objectors present at the Zoning Board.
Mr. Melvin Bratton: Commissioners, my name is Melvin Bratton and I'm the Attorney
for Mr. Pina who is standing beside me today. If the Commissioners would note
on the transparency that's been projected on the wall there that this Beacon Blvd.
from S.W. 8th Street to Flagler Street is zig-zag zoned. The piece of property
that we're talking about today, I don't know if somebody could point it out down
there, I don't think the mike will reach down that far.
Mayor Ferrer It's clear and it's in yellow.
Mr. Bratton: Yes. This particular pied of property, as the Commissioners will
notice, is bordered on both sides that face Beacom Blvd. by R-2 zoned properties.
The one in the little triangular section that's marked number 76, in fact, is
inhabited at this time by three families. There are three entrances there and
it appears that there are 3 separate units inside that structure. The altogether
adjoining properties on Beacom Blvd. on both sides of the street are zoned R-2
at this time and what is not readily apparent from the map is that this particular
piece of property's exposure to Beacom Blvd. is identical to its being on Beacom
Blvd.. YOu can't really tell that and appreciate it from the transparency but in
fact the front of this property is almost identically the same as if it were right
on Beacom Blvd. There is a piece of property further to the south at S.W. 4th Street
which is zoned in the manner in which Mr. Pina has requested the change in this
particular case. There is a piece of property located at S.W. 4th Street which you
can see on the map, the one probably being 2398 which is on the corner, it's
adjoined by a duplex which is in precisely the same relative location as is Mr.
Pina's property. There is a duplex located there. In fact, the exposure there
to Beacom Blvd. is less than it is regarding Mr. Pina's property and those two
addresses are 2382 and 2384 S.W. 4th Street. Mr. Pina's intentions, with regard
to the property, are not to make an addition there which would change the appearance
of the neighborhood, it is merely to enclose an existing carport and in fact the
carport at this time has a partial wall on the side that would be enclosed at this
time so that there would be no change as far as the light density of the adjoining
property or anything of that nature. They are already existing on the property
and I believe the Commission may have a photograph of the house. There are already
existing two entrances that were there at the time that Mr. Pina bought the house
and as a matter of fact had lead Mr. Pina to believe that he could, in fact, when
he bought the property, rent it out to another family there. It will not, in fact,
change the appearance, the outward appearance of the house at all except that the
existing 2 car carport would be enclosed in the front. Mr. Pina is, at this time,
suffering from extreme economic hardship by virtue of the fact that his monthly
mortgage on this property is approximately $600 per month which represents about
50% of his monthly income. He was, of course, aware of that fact at the time he
bought the property as I have already pointed, it was his belief, although he did
not in fact ascertain that legally, but it was his belief at the time that because
of the way that the house was built, that he could have another family, he could
sublet a portion of the property and if, of course, he could do so, then he would
be able to stay in the house. He is attempted to sell it but because of its
exposure to Beacom Blvd. and because of the fact that it has the R-2 duplexes and
in fact apartment houses, some two-story structures there too, he has been unable
to sell it and of course his economic hardship increases monthly. Mr. Pina also,
I think this should be brought out to the Commission, this is, of course not a
vacant lot, there is an existing structure there so the request for zoning is not
so that in fact a developer could put a higher valued property or something on
the vacant lot. Mr. Pina is not, as well, going to be an absentee landlord which
of course in residential areas is sometimes objected to by neighbors by virtue of
the fact that the landlord wouldn't be there and he wouldn't pay proper attention
and wouldn't have proper control over the tenants. Mr. Pina, in fact, would be
living in the house. The change that Mr. Pina requested is not at all contrary
to the zoning as the members of the Commission can see. There is already a zig-
zag pattern of zoning there and it won't create any kind of isolated district that
would be unrelated to the rest of the zoning. In fact, as I have already pointed
out, there at S.W. 4th Street we have precisely the same situation that Mr. Pina
desires and also at S.W. 3rd Street and Beacom Blvd. as the Commission can see,
In fact, the new zig=zag line which would result from this change of zoning would
be identical to the one that the Commission can see on $,W, 4th Street and on S,W,
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d Street on the same side of Beacom Blvd. Of course if Mr. Pine got the change,
it wouldn't result in a, it would only result in adding one family to that area
which is predominately apartment houses up and down Beacom Blvd. at any rate end
of course, I'm kind of reading down, Mrs. Gordon, the re -zoning standards.
Mrs. Gordon: I know that area very well. That triangle part of , as I
know it, was a one -family house unless there has been a conversion in it, I don't
know. The triangular piece of property on 2nd Terrace.
Mr. Bratton: Yes mam. That, right now, appears to be, it is R-2 and there a
at least 2 families living there, however, we believe that there are 3.
Mrs, Gordon: Are there 2 kitchens? Have you been in it?
Mr. Bratton: No mam, we haven't been inside, we don't' know that there
kitchens.
Mrs. Gordon: It's a single family as far as I know. It was built for single
family.
Mr. Bratton: Well they have an awful lot of automobiles.
Mrs. Gordon: Oh, I don't argue. I don't who's living in it but what we're talking
about now is zoning and as far as zoning is concerned, it's permissible for two
families but I don't think it is being used for a normal duplex development.
Mr. Bratton: That's why I was careful before to state that it appears that three
families are living there. There are three entrances and people do come and go
from all three entrances and there's a great amount of vehicular traffic there
and a great number of cars and it would seem to preclude the fact that there would
be one family living there. I don't know the name, it's on the list of the
adjoining property owners, I don't know the name of the owners. The point is that
it is an R-2 zoning there and of course that's right outside Mr. Pina's front door
as is in actuality, when you stand there at the property as is Beacom Blvd..
Mrs. Gordon: I would call to your attention, I don't know if there are any
objectors here today or not, but I would c.a11 to the attention of the Board, the
Commission the situation. On 5th Street, which if this were to be equitable, so
would that and so would the other sides of the street of 5th Street. The problems
in zoning, as I see it, is when one begins to breakdown the definitive lines of
the regulation, where does it stop? It doesn't stop. If it's wrong to have this
zoned R-1, then it ought to become part of a study area that should delineate
whether or not it's only a single parcel that fits this description or are there
other parcels that should be considered the same way.
Mr. Bratton: Mrs. Gordon, if I may, if you'll note, this is the only piece of
property in fact on Beacom Blvd. that is not zoned R-2 that sits in that same
precise geographical relationship to Beacom Blvd.. There is not another piece of
property on either side of Beacom Blvd. wherein the property and the house built
there faces Beacom Blvd. and is exposed to Beacom Blvd. in the way Mr. Pina's is
that is zoned R-1.
Mrs. Gordon: Right there on the corner of 5th, on the north side, It also backs
up to a triangle.
Mr. Bratton: But Mrs. Gordon, that piece of property doesn't have the same kind
of exposure to Beacom Blvd. that Mr. Pine's does and that's what I restricted my
comments to. Mr. Pina's property, when you stand in front of it, you feel that
you're standing on Beacom Blvd., I can assure you. You can't appreciate it from
the transparency but when you stand there, you are very close, in fact, to the
vehicular traffic on Beacom Blvd. which is increasing drastically every month and
for that reason, Mr. Pina is having a great deal of difficulty with regard to
re -sale or re -financing or anything of that nature so that he, in fact, can keep
his piece of property. He stands in jeopardy of losing it, in fact, to the mortgage
company.
Mr. Reboso: Rose, excuse me one second, which one was the one that you were
referring to on 5th?
Mrs, Gordon: The triangle to the north,
'r. Reboso, That one iS
13
JAN 261977
Mrs. Cordont It's zoned R-2 but. it's a one family usage.
Mr, Bratton: t don't know, Mts. Gordon, that it's only oho taMily
don't Mean to take issue with you on that minor point.
Mrs. Gordon: I don't know either, I haven't been in it recently but when it Was
first constructed.
Mr. Bratton: The only point I would like to make to the Commission is that in
keeping in mind what the Commission desires to see in an application for re -zoning
and what the Commission desires not to see, that I believe that Mr. Pina's
application meets those requirements and that, in fact, granting him this re -zoning
would not change or alter the present situation that exists there on Beacom Blvd..
Rev. Gibson: Let me ask this question. I think Mrs. Gordon raised a very impor-
tant point. Not only are we concerned with that piece but you have 3 other pieces
saying really to even offer the triangular... What would happen?
Mr. Bratton: Reverend Gibson, of course, anytime, all over the City, wherever we
have zoning, of course there are boundaries and the boundaries must be drawnat
some particular point for hopefully some logical reason and one that meets the
needs of the community.
Rev. Gibson: Then what Mrs. Gordon is saying is applicable to what you just answered.
What she said earlier was that maybe there needs to be a study. You have 3 pieces
that are one family, one family, one family. At least the drawing I have, that's
what it says.
Mr. Bratton: Oh yes, sir.
Rev. Gibson: And what she is saying is maybe..:
Mr. Bratton: Well Reverend Gibson, of course the difference there is that none
of those pieces of property even have an exposure to Beacom Blvd. and I think
that's the criteria that the Commission must look at, I think that's a determining
factor is the exposure to Beacom Blvd.. Those two particular pieces of property,
101, 114 and 115 of course border on 23rd Avenue. They don't have any exposure
whatsoever. to Beacom Blvd. which is one of the fundamental criteria in the Commission
making its decision.
Mayor Ferre: I happen to think that there good arguments on both sides but the
fact however remains that that seems to be the only exception. If you look at
that thing the way it zig-zags off, that's the only lot that doesn't...
Mrs. Gordon: Could we hear from the Department? They recommended against it and
they are professionals so let's hear what they have to say.
Mr. Foesman: The position of the department was very much as Commissioner Gordon
stated and that is, where do you stop with that additional line. That zoning line
has been there since approximately 1961 according to my staff so it's not something
new that has come up. That property has been in that situation for a number of
years. Our concern is, where do we stop zig-zagging that line if we begin moving
it in this location.
Mr. Bratton: If I may reply briefly and as I pointed out earlier, it would seem
that, in fact, once this line is drawn and we have at least the continuity of the
zig-zag line, once this line is drawn with regard to exposure of properties to
Beacom Blvd, that that would in fact be the logical stopping place and I think
simply by virtue of the exposure criteria that it would be a logical stopping place,
it's illogical the way it's drawn.
Mayor Ferre: I think we've discussed this and we know what the issue is so let's
bring it to a head. What is the will of this Commission?
Mr, Reboso: Mr, Mayor, let me ask another question to the department. Is there
any other lot that is in the situation that this lot is in regarding Beacom Blvd,?
Because I can't see what is taking place on 5th street, 4th street, 3rd street.
Are there any other lots?
Mr. Foesman: I think you raised a good point, Commissioner, and my impression
that there is not another piece of property in exactly the same cireUMstange,
Rev, Gibson, l didn't hear that,
14
.i5
Mt, VoesTent My response was that it appears from the map, Commissioner, that
there is hot another piece of property in exactly the same circumstance.
Mr. Plummer: Well let me ask this question then. If you make that comment, then
I have to think differently of the recommendation. Do you feel that, based upon
your own comment, that that would make a difference in this particular application?
Mr. Foesman: Commissioner, I don't want to try to but I hope that
you'll understand that this recommendation: came from the staff before I was there,
it was before the P.A.B., before the Zoning Board before I was involved in the
Planning Department.
Mrs. Gordon: Is your recommendation for approval?
Mr. Foesman: If I had to look at this situdtion today, giving what I know about
that property, I believe that my recommendation would be for approval. The
physical orientation of that property is such that it does have exposure to Beacom
Blvd.. Now I hesitate, very frankly,, to say that because I'm operating from a
very limited face of knowledge. If you wart a specific recommendation from me,
I would appreciate it if I could take a look at it.
Mrs. Gordon: I think I would appreciate your recommendation and then we could
count on whether or not we are acting with a professional approval or not.
Mayor Ferre: Alright, Mrs. Gordon moves that this matter be deferred until Mr.
Foesman has an opportunity to re -study this and bring back a recommendation and
I would imagine it really should go through the process, unfortunately, of going
back to the Zoning Board which is, I think...
Thereupon, a motion for deferral was introduced by Commissioner Gordon
seconded by Commissioner Gibson and was passed by the following vote-
AYES: Commissioner Manolo Reboso
Commissioner Rose Gordon
Commissioner J. L. Plummer, Jr.
Vice -Mayor (Rev.) Theodore Gibson
Mayor Maurice A. Ferro NOES: None.
Mr. Bratton: Mr. Mayor, if I may, can this be accomplished without going through
the formal procedures and making another application?
Mayor Ferre: Yes, and as Mrs. Gordon just said, she doesn't think it has to go
back to the Zoning Board, it will come right back to the Commission, I would imagine,
at the next meeting.
Mr. Plummer: Let me express my opinion. I want to tell you that I was definitely
voting against this and as far as I'm concerned, if Mr. Foesman is saying, next
time when he says this day, there is no need to go through this discussion again.
Mr. Bratton: If that could be on February 23rd, we would appreciate it very much
because time is going very short for Mr. Pina.
7, FIRST READING ORDINANCE: CHANGE OF ZONING ON LOTS 6 0, BLOCK 1, MIACfARLANE
HOMESTEAD PLAT LOCATED APPROXIMATELY 3739 GRAND AVE,
FROM R-1 TO C-2A,
Mayor Ferre: Is there anybody here who wants to be heard on this ordinance?
This is an application by Mr. Harcourt. Clark for a change of zoning on lots 6 &
7 from R-1 to C-2A. As you may remember, member of the Commission, we deferred
this item so that we could go look at the property and there were some questions
that needed to be asked so go ahead.
Mr. Davis; If I may, Mr. Mayor, Father Gibson was questioning the County's taking
of part of this property for future street widening. It was investigated and I
wish to show you and overlay here which can explain what the County situation is
on this. This is the Grand Avenue coming along, the applicant was petitioning
for these two areas to be re -zoned from R-1, in this case, and R-2 in this case,
to C-2A. He wished to place his restaurant in this area and put his parking for
his restaurant in this area. When it was investigated, it was found that the new
alignment of Grand Avenue is going to be as such, it is going beyond the standard
widening to 70 feet and they're taking this entire portion of 100 feet nearly off
15
JAN 261977
of the South side of the property which literally eliminates Mr. Hartford's
southerly piece. Mr. Hartford, in view of this, we have discussed it With hits
and there is established a letter in the file stating that he would withdraw
his application for re -zoning on the southerly portion because he is able to
provide a smaller restaurant with the parking intact on the north side if you
would see fit to re -zone the north side only.
Rev. Gibson: Mr. Mayor, members of the Commission, I want to raise an issue for
the record. I was the guy, I'm the culprit. What really bothers me, sitting
at this table, is how is that the right hand doesn't know what the left hand
is doing or what the left hand does. Mr. Mayor, I want to say this emphatically,
Plummer, i want to make sure you hear me say this because I get real uptight by
some of the thing I see going around here. I don't understand why the Zoning
Board did not know, why the Planning Board did not know that Grand Avenue was
to be widened. I really am worrying about that. Is it that we aren't talking
with each other? And, the light of this, if I didn't say what I said, the man
would have gone on and got a permit and come on sooner or later that the County
would have condemned it. I was your friend, contrary to what might be thought
otherwise because the County was going to take it and I have, for the benefit
of the Commission, Plummer, Reboso and the Mayor, I don't want to be misunderstood.
I have the resolution here from the County. My Brother, I was your friend, I
saved your money and do you know why I was for even letting you build providing
you build according this new line set by the County seat, Mr. Mayor. All of this
is in the record. The Planning Department had it, the Zoning Board had it and
I don't understand it. Just like I got it, why didn't they get it? Mr. Grassie,
you know everybody called me a bad boy, I was an SOB. They even said, Gibson,
is the man still a member of your church. You remember that? And I was willing
to take that gamble because I was interested in the people of this community.
Do you remember that, Mr. Mayor? And I want you to know that this is already
laid out and for the record, after the City Attorney reads the resolution passed
by Metro, and maybe I'll show you the letter written by
Mr. Knox: A Resolution number R86-77. "A resolution notifying Miami City
Commission that Dade County plans to widen and reconstruct Grand Avenue from
Southwest 37th Avenue to U.S. 1. Whereas the Miami City Commission will consider
at its January 26, 1977 meeting a request for re -zoning of property located within
the proposed County widening of Grand Avenue from Southwest 37th Avenue to U.S. 1
and whereas the Reverend Theodore Gibson has requested this Board to notify
Miami City Commission of this proposed County project. Now therefore be it resolved
by the Board of County Commissioners of Dade County, Florida that this Board
hereby notifies the Miami City Commission that Dade County plans to widen and
reconstruct Grand Avenue from Southwest 37th Avenue to U.S. 1. The Clerk of this
Board is hereby directed to immediately forward certified copies of this resolution
to the Mayor and Clerk of the Miami City Commission. The foregoing resolution
was offered by Commissioner Neil F. Adams who moved its adoption. The motion
was seconded by Commissioner Clara Osterle and upon putting to a vote, the vote
was as follows: Neil F. Adams, aye; Clara Osterle, aye; William G. Oliver, aye;
Beverly B. Philips, aye; James F. Radford, Jr., aye; Harvey Reuben and Barry
Schriver were absent; Ruth Shack voted aye; Stephen P. Clark voted aye; The
Mayor thereupon declared the resolution duly passed and adopted the 18th day of
January, 1977."
Rev. Gibson: Now, Mr. Mayor, let's ask about the north side of the road. I would
be the first to move that the man be given a building permit providing on the north
side of the road any change of zoning is granted with the full knowledge of these
new lines being set up and that doesn't, and let me say, Mr. Mayor, what is abouC
to happen, that's why I really am uptight. The County has appropriated $425,000
for that project and they appropriated on the grounds that that was zoned R-1,
Isn't that right:, Mr. Davis?
Mr, Davis: I would assume so, I'm not...
Rev. Gibson: You assume? What is the zoning?'
Mr, Davis; R-1, sir.
Rev. Gibson: Alright, so you know when they're going to take, they appropriated
based on the now -existing zoning, Here we're going to zone the property that the
;man wants, change the zoning and let me say that 25 pieces of property involved,
that means for his 1 piece or 2, then the other 22, 23 or 24 get the same benefit
and you know what that means? That street in the Black area will never be widened,
that's what it means, Why? Because you don't have enough money, We're getting
it out of the Bond Issue and Mr, Adams has even agreed to carry out the intent of
the people ih the neighborhood to get sottte of t?tohey to help the project
along, isn't that tight, Mt. Davis?
Mr. Davis: I would assume it is, yes.
Rev. Gibson: So you know why I feel as I do. We've been working on that thing
for months, for years, some three or four years and here we are about to blow it.
You need to be careful now over on the north side of the street. YGu don't have
no sidewalks there and they're built to the property line. Isn't that right, Mt.
Davis?
Mr. Davis: On the north side, as I understand the proposed taking, it does not
extend beyond what we now call our base building line so I don't think there's
any portion of the property which Mr. Clark used for construction which would
he part of the taking.
Rev. Gibson: Yes but we have to be very careful now close he's coming to that,'
though knowing that he has to provide parking.
Mr. Davis: But what I'm stating is, sir, that as far as his building permit is
c..nt.erned, every bit of a parcel that he can get a building permit on lies north
of the proposed taking.
Rev. Gibson: I don't believe it. All I'm saying is where is he going to park
those cars for that business.
Mr. Davis: He will, according to Mr. Clark, will be able to park the cars for
a reduced size restaurant on the primary side itself, where the restaurant is.
This would be required by law.
Rev. Gibson: Alright, I just want to make sure because I'm real uptight about
this staff business around here that the right hand doesn't know what the left
hand is doing and we pay doggone good salaries for people to be informed. I'm
ready to offer the motion providing you conform to this.
Mr. Davis: If I may clarify this, Mr. Mayor, this would be a change of zoning
on lots 6 & 7 of block 1, Mc Farlane Homestead.
Rev. Gibson: J. L., tolerate me one minute more. How can we let this man build
and not change that zoning so that all those other people ...
Mr. Davis: There's no way that he could put a restaurant on the existing zoning,
Father Gibson.
Rev. Gibson: You see, I'm troubled. I don't know if the members of the Commission
get the importance of what I'm saying. I hope you all realize how serious this
is. Mr. Davis, maybe you ought to explain to the Commission. You could do it
better than I.
Mr. Davis: If I understand your problem that you're concerned with, Father Gibson,
is the cost of the taking. I think on the situation of the northerly property
which you are concerned with now, that there's no part of his usable property
which would be taken. Therefore, I think it would have no difference, Father
Gibson.
Rev. Gibson: Alright, what about the southerly part?
Mr. Davis: The southerly part very definitely would be affected.
Rev. Gibson: You have all of that before us, you know,
Mr. Davis: But he has withdrawn that.
Rev, Gibson: I want to make sure that's withdrawn,
Mr, Davis; If Mr. Clark would state this himself, we would have it in the record,
Mx, Harcourt I, Clark, Sr.: For the record, I have subsequently submitted a letter
to the Commission based on the findings during the period of deferral that I
withdraw my application for the re -zoning of the south side of the properties of
Grand Avenue to include lots 37 - 40. I do respectfully request in my application
that lot 7 be re -zoned,
17
JAN2&1977
Mg, theiki Mt, Cierk, we are drawing a line through reference in the ordinance
to lot 1146,
Mt, bays: Lots 6 & 7 are both to be re -toned in this process,
Hr, Khok: Yes but I'm saying we elitni.nate froth consideration lots 37`40.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MAIMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 6 AND 7 BLOCK 1, COMBINED AND SUPPLEMENTAL;
MAP OF MACFARLANE HOMESTEAD PLAT AND ST. ALBAN'S PARK (5-81),
LOCATED AT 3739 AND 3749 GRAND AVENUE FROM R-1 (ONE FAMILY)
TO C-2A (SPECIAL COMMUNITY COMMERCIAL); AND BY MAKING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF.
THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING
A SEVERABILITY PROVISION.
Was introduced by Commissioner
and passed on its first reading by
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer,
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT:
The
had been
public.
Commissioner Rose Gordon
City Attorney read the ordinance into the record and stated that copies
furnished to the commissioners and that copies were available to the
Gibson and seconded by Commissioner Plumther
title by the following vote -
Jr.
ON ROLL CALL:
Mr. Davis: There is a mixup in numbers. The approximate address
would be 3740 and the parcels in there are also 37-40 so I think
for the records for the clarification, we should identify lots
37, 38, 39 and 40 and the approximate address is 3740.
Mr. Clark: I would like to close by saying that I am very thankful to all con
cerned enough to grant me this privilege. Thank you.
REQUEST FOR EXTENSION OF WAIVER OF DEVELOPMENT
OFF-STEEI PARKING SPACES; S,E, CORNER OF N,W, - DEFERRED TO FEB, 23-77.
5TH AVE. AND 34TH STREET -
Mr. Davis: On these items which are to be inspected each year, we asked the building
department to inspect the premises. The inspection report came back December 7th
stating sections of fence are broken and then disrepair.
Mayor Ferre: I think they ought to repeair that before any other extensions are
requested.
Mr. Davis: Well Mr. Mayor, if I may, the way that you've handled this sometimes
in the past would be to defer this item until the situation is in repair and then
you can grant them the renewal.
That's exactly what this motion says.
Perhaps the Commission would like to put a time limit on that repair
order that this not drag out.
Okay, fine. Is 60 days sufficient?
Mayor Ferre:
M. Foesman:
of 60 days in
Mayor Ferre:
Mtr,. pavis 30 days would be sufficient if they're on the ban.
Mayor Ferre: Okay, is that acceptable?
Mr, pavis: To me it is.
been here.
We notified the owner by registered Mai
13
he ;should have
JAN 261977
(the reupoh, the preceeding itet Was deferred by motion of Commissioner Platter
and second of Commissioner Gibson and passed on a unanimous vote,)
9i GRANT 6-MONTH EXTENSION OF COKDITIONAL USE FOR CONSTRUCTION OF BUILDING
AIb PARKING LOTS - 535 N,E, 15TH STREET
Mayor Ferre: Item 10, granting 1 year extension of conditional use
Mr Plummer: Any problem with this one?
ReV. Gibson: How much time are you going to give these people?
Mr. Plummer: 1 year.
Rev. Gibson: Let me raise this question. There's nothing on'this propert'.
Let me say what I'm not saying.
Mr, Plummer: You're granting an extension of the waiver.
Rev. Gibson: But isn't it true that these people were going to build?
Mr. Davis: Yes, this gives them an additional period in which to pull their.
building permit, Father.
Rev. Gibson: How much time do they need?
Mr. Davis: You were about to put it up for one more year.
Rev. Gibson: Let me say this so that everybody would know.
upset by this thing.
Mr. Plummer: Again?
Rev. Gibson: What do you mean again? They were upset at the beginning.
Mr. Plummer: Yes but I thought all of the problems were ironed out, that's what
I was informed and that's when we voted for this to allow it to be. Let's get
the record clear now since you've interjected that point, Father.
Rev. Gibson: Listen. The presentation to this Commission was that they were
ready to build. Isn't that right?
Mr. Plummer: That is correct.
Rev. Gibson: Okay, that's all I'm saying.
Mr. Plummer: Are you telling me that the church is upset because they hAVW
Rev. Gibson: Well the point is, we give their on the assumption we're'
going to build. Now if there is a hardship, we haven't heard any hardship. I
want the record to reflect that there is a hardship.
Mr. Tibor Hollo: My name is Tibor Hollo, 444 Brickell Avenue. I respectfully
submit that we have commenced, we have demolished existing properties that
existed at the time on the side called Venetian Rambler site that was oh
our City for many, many years abandoned. We have commenced and the
land and fenced the location at which time, promptly upon completion of the
fencing, Marx Brothers moved in on 15th Street which is the extension of the
Venetian Causeway and subsequently they also moved in on Bayshore Drive. There
is no way whatsoever to get any construction equipment in and there hasn't been
for the last several months. They have advised us that they will be in that
location until at least June and thus I respectfully ask you, I commenced con-
struction, I commenced my work and for further clarification, if I may offer that
was down here at the time that your Commission granted this
permission for us to go ahead and• announced at this microphone that he is in
complete accord with our plans as well as the , Mrs. Minnie, head of
the at that time who was down here announced herself that she is in
complete accord with the plan and they are thus to date and they will be in the
future, I respectfully ask, based upon the impossibility to continue any
i
Ert
NNW
19
JAN 2 6197/
cohstbuctioh, to grant this extension of this additional year.
Rev. Gibson: Mr. Mayor, I'm not the smartest guy in the world. t want to go
along with a 6 month extension# I'm not going along with a year, tt makes every
body speed up the process. That cathedral is in literal hell. All the roans
are totn up and all that so if everybody knows that you got 6 months, they'll
come back here in 6 months and I'll have to do it for another 6 months but I
ain't voting for more than 6 months.
Mr. Hollo: Honorable Mayor and Commissioners, I must state here that your oWh
constructors who were, in fact, awarded a contract on these streets, I mention
which is the only to my property. It will be in construction#
according to them, until at least June and possibly beyond that. Knowing their
speed, beyond that. The 6 months extension obviously won't get us there whatsoever.
I respectfully request a one year extension.
Mr. Plummer: Ted, I can appreciate both sides of the story but let me say this
to you. There's nothing to deny you another 6 months in June and the worse
that's going to happen is that we're going to have to see your smiling face as
I read it. I can understand what Father is trying to accomplish. I'll second
his motion but Mr. Grassie, at the same time that I second that motion, I think
it is only fair that you advise if, in fact, it is Marx Brothers who is impeding
Mr. Holio's situation of the problems that are being created by their slowliness,
their dragging behind, that Mr. Hollo is, in fact, being put through the tortures
of hell because of their dragging behind. I'll second the 6 months knowing fully
well that as we do that it will be up again in 6 months for us to renew for another
6 months.
Mr. Hollo: 'There are 4 contractors, not only Marx Brothers is there.
Mr. Plummer: Whoever are the people who are impeding.
The following resolution was introduced by Commissioner Gibson, who moved
its adoption:
RESOLUTION NO. 77-63(A)
A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF THE CONDITIONAL
USE AS LISTED IN ORDINANCE 6871, ARTICLE XV, SECTION 2 (8) (d),
.TO PERMIT CONSTRUCTION OF BUILDING CONTAINING 299 DWELLING UNITS
ON LOTS 12 THRU 16, BLOCK 1, NELSON VILLA & GARDEN OF EDEN AMD
(30-20) & UNPLATTED, BEING APPROXIMATELY 535 N.E. 15TH STREET,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. LANDSCAPING & SITE PLANNING PORTION OF WORKING DRAWINGS
SHALL BE SUBJECT TO APPROVAL BY PLANNING DEPARTMENT.
REGISTERED LANDSCAPE ARCHITECTURAL CONSULTANT BE EMPLOYED
• FOR DESIGN & SITE PLANNING OF LANDSCAPING WHICH INCLUDES
THE 16TH STREET PEDESTRIAN MALL & THAT PORTION OF TRINITY
CHURCH ADJACENT TO THE PROJECT.
PROPERTY BE PLATTED WITH DEDICATION OF 12.5 FEET OF 16TH
STREET ADJACENT TO THE ZONED RIGHT-OF-WAY LINE.
• 16TH STREET BE DEVELOPED AS A LANDSCAPED PEDESTRIAN MALL
& THAT THE DEVELOPER MAINTAIN THAT PORTION OF MALL ADJACENT
TO THE PROJECT.
A CONTINUOUS LANDSCAPED PLANTER BE PROVIDED ON THE OFF-STREET
• PARKING GARAGE & RECREATION DECK AS INDICATED IN PRELIMINARY
DRAWINGS.
, LANDSCAPE TREATMENT ON TWENTY-SIX FOOT AVERAGE WATERFRONT AREA
& OTHER GROUND LEVEL AREAS BE PROVIDED.
• AN OPEN GROUND FLOOR VISTA FROM TRINITY CHURCH TO BISCAYNE
BAY THROUGH THE COMMERCIAL AREA BE PROVIDED.
• A SCULPTURED WALL & WATERFALL TREATMENT ON THE WEST SIDE
ADJACENT TO TRINITY CATHEDRAL BE PROVIDED.
ZONED C-3 (CENTRAL COMMERCIAL); GRANTED BY ZONING BOARD RESOLUTION
NO. ZB-124-76.
(here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote-
AYES; Commissioner Reboso, Commissioner J. L, Plummer, Jr,, Vice -Mayor Gibson:,,
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Rose Gordon
JAN'461911
20
rho fo lowing resolution Was introduced by Commissioner Gibson, Who Moved
its Adoption:
RESOLUTION NO. 77-63 (B)
A RESOLUTION GRANTING A SIX-MONTH EXTENSION OF THE CONDITIONAL
URE AS LISTED IN ORDINANCE 6871, ARTICLE XV, SECTION 2 (8) (a),
TO PERMIT CONSTRUCTION OF PARKING GARAGE ON LOTS 12 THRU 16,
BLOCK 1, NELSON VILLA & GARDEN OF EDEN AMD (30-20) & UNPLATTED,
BEING APPROXIMATELY 535 N.E. 15TH STREET, FOR 475 CARS IN CON-
JUNCTION WITH PROPOSED APARTMENT BUILDING, SUBJECT TO THE
FOLLOWING CONDITIONS:
1. LANDSCAPING & SITE PLANNING PORTION OF WORKING DRAWINGS
SHALL BE SUBJECT TO APPROVAL BY PLANNING DEPARTMENT.
2. REGISTERED LANDSCAPE ARCHITECTURAL CONSULTANT BE
EMPLOYED FOR DESIGN & SITE PLANNING OF LANDSCAPING WHICH
INCLUDES THE 16TH STREET PEDESTRIAN MALL & THAT PORTION
OF TRINITY CHURCH ADJACENT TO THE PROJECT.
PROPERTY BE PLATTED WITH DEDICATION OF 12.5 FEET OF 16TH
STREET ADJACENT TO THE ZONED RIGHT-OF-WAY LINE.
16TH STREET BE DEVELOPED AS A LANDSCAPED PEDESTRIAN MALL
& THAT THE DEVELOPER MAINTAIN THAT PORTION OF MALL ADJACENT
TO THE PROJECT.
• A CONTINUOUS LANDSCAPED PLANTER BE PROVIDED ON THE OFF-
STREET PARKING GARAGE & RECREATION DECK AS INDICATED IN
PRELIMINARY DRAWINGS.
. LANDSCAPE TREATMENT ON TWENTY-SIX FOOT AVERAGE WATERFRONT
AREA & OTHER GROUND LEVEL AREAS BE PROVIDED.
. AN OPEN GROUND FLOOR VISTA FROM TRINITY CHURCH TO BISCAYNE
BAY THROUGH THE COMMERCIAL AREA BE PROVIDED.
8. A SCULPTURED WALL & WATERFALL TREATMENT ON THE WEST SIDE
ADJACENT TO TRINITY CATHEDRAL BE PROVIDED.
ZONED C-3 (CENTRAL COMMERCIAL); GRANTED BY ZONING BOARD RESOLUTION
NO. ZB-125-76.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
adopted by the following vote -
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Rose Gordon
ON ROLL CALL:
Rev. Gibson: Mr. Mayor, let me raise a question in the same direction.
I think the City has risen that street about 16 or 18 inches. Is that
right?
Mayor Ferre: It looks that way.
rat
Ea
m
Mr, Grassie: That's my impression. I have Mr. Grimm coming down and
he will give you an answer in just a minute.
Rev. Gibson: Alright, I'd like to know because I want to know what
position does that put that cathedral in. Remember, you're going to
take off about 2 steps, it will lose about two steps and that means
the landscaping is a problem. They didn't create that. If we, in our
haste and our anxiety and love and devotion, created it, maybe we
ought to pay for it.
Mr. Plummer: No maybe, we should.
Rev, Gibson: Well T_ sure am going to serve notice on the diasis that
they need to be very concerned because I went out there today and I'm
telling you, either we the City or the developers, Now they get the
16 inches height and remember that cathedral was there all these years,
.t didn't just get there. I don't want to leave the day unless I get
that answer either,
21
JAN4tidil
10, SECOND READING ORDINANCE: AMEND ARTICLE XXX - REVISING TIME LIMITS
PERMITTED BETti'EEN BOARD AND COMMISSION MEETINGSt
InbiNANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI* BY AMENDING SECTIONS
8 AND 13 OF ARTICLE XXX ENTITLED "AMENDMENTS", TO LENGTHEN
THE TIME LIMITS FOR THE ZONING BOARD AND PLANNING ADVISORY
BOARD TO FILE THEIR RECOMMENDATIONS WITH THE CITY COMMISSION*
TO EXCLUDE THE MONTH OF AUGUST FROM THE COMPUTATION OF TIME
LIMITATIONS, AND TO FURTHER CLARIFY THE LANGUAGE OF SAID
SECTIONS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND
CONTAINING A SEVERABILITY PROVISION.
passed on its first reading by title at the meeting of December
15, 1976, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Plummer, seconded by
Commissioner Reboso, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following Vote
AYES: Commissioner Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Rose Gordon
THE ORDINANCE WAS DESIGNATED ORDINANCE NO, 8607,
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
11, SECOND READING ORDINANCE: ESTABLISHING A NEW LONING DISTRICT, C-4A -
BOULEVARD COMMERCIAL,
Mayor Ferre:
Mr. Foesman:
MLK Boulevard
area.
Alright, item C-4A, what areas are affected by that?
There was some concern at the last meeting about a warehouse on
and the back part of that warehouse has been excluded from the C-4
Mayor Ferre: From what avenue to what avenue?
Mr. Foesman: Okay, that goes from the north -south expressway on the east on over
to 17th Avenue, slightly beyond N.W. 17th Avenue and it includes all the property
along Martin Luther King Boulevard also know as 62nd Street.
Mayor Ferre: Any objectors?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW
ARTICLE, ARTICLE XVI-1, BOULEVARD COMMERCIAL, C-4A DISTRICT,
PROVIDING FOR INTENT, USE REGULATIONS, TRANSITION USE AREA,
LIMITATIONS ON USES, FRONTAGE RECUIREMENTS, AREA, YARDS, HEIGHT,
USABLE OPEN SPACE, FLOOR AREA, PARKING AND SIGNS; 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 December 15, 1976, 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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
.BAN461911
NW—
N iES t None
AI35ENT: Con issioher Rose Cordoh
TIE ORDINANCE WAS DESIGNATED ORDINANCE NO. 000
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Comfiis.,
Sion and to the public.
12. SECOND READING ORDINANCE: CHANGE OF ZONING CLASSIFICATION OF CERTA U
PROPERTIES LOCATED ON AND ADJACENT TO MAKINN LUTHER
KING BLVD. FROM EXISTING ZONING TO C-4A
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTIES GENERALLY LOCATED
ON AND ADJACENT TO MARTIN LUTHER KING, JR. BOULEVARD FROM
I-95 TO N.W. 17TH AVENUE, PRESENTLY ZONED R-4 (MEDIUM DENSITY
MULTIPLE), C-1 (LOCAL COMMERCIAL), C-2 (COMMUNITY COMMERCIAL),
AND C-4 (GENERAL COMMERCIAL), TO C-4A (BOULEVARD COMMERCIAL)
DISTRICT; ADDING A DESIGNATION OF TRANSITION USE AREA TO
CERTAIN CONTIGUOUS AREAS PRESENTLY ZONED R-1 (ONE FAMILY),
R-2 (TWO FAMILY) AND R-3 (LOW DENSITY MULTIPLE), ALL AS SHOWN
ON THE MAP AND LEGAL DESCRIPTION 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 December 15, 1976,
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 Manolo Reboso
Commissioner J. L. Plummer, Jr.
Vice -Mayor Theodore Gibson
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Rose Gordon
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8609
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
13. REQUEST TO ESTABLISH ZONED STREET WIDTH OF 9TH AVENUE N.1 , NORTHEAST,
APPROXIMATELY LW' NORTH OF N.E. 83RD ST., AT 40' (50' REQUIRED).
DEFERRED — APPLICANT DID NOT APPEAR.
was
Mr. Davis: Mr. Mayor, on the meeting that you passed this on first reading, the
applicant agreed to submit an agreement to further landscape 83rd Street. The
applicant was duly notified by registered mail, is not here today and has not
proferred any paper.
(Thereupon, a motion was made by Commissioner Plummer, seconded by Commissioner
Reboso and passed unanimously to defer).
14, APPOINTMENT OF ZONING BOARD MEMBER— DEFERRED TO JANUARY 27, 1.977.
Mayor Ferre: Before we adjourn, we have not appointed a member and 1 wanted t0 -•-
Rose the courtesy of being here for that discussion but she is not. ✓
23
15, FEC PROPERTY - LONDEMNAION PROCEEDINGS - ANNOUNCEMENT OF SPECIAL
EXECUTIVE SESSION,
Mayor Ferre: I wanted to ask Mr. Knox a question. Mr. Knox► excuse Me but a§ I
understand it, you will be moving very soon to discuss or to argue the as befote
the Court on the taking of the EEC property.
Mr. Knox: Yes.
Mayor Ferre: There are some serious questions regarding the dollars and cehts
of that proposal which, in my understanding, that since we're dealing with specific
items in reference to the possible negotiations with the FEC on appraisals that
we obviously need to discuss these things for Commission action. On the other
hand, we can't discuss them on the record because then the owners of the property
would both know the values that we're discussing and our strategy and I think it
creates almost a hiatus or very difficult situation so I'd like your legal opinion
as to whether or not the City of Miami can go into an executive session to discuss
these items so that we do keep a record but that it not be made public until after
the court case.
Mr. Knox: Inasmuch as this is directly related to how we would proceed in the
litigation, I would agsert the Attorney -Client privilege with respect to any
discussion concerning that and of course the Attorney -Client privilege would
serve to justify a meeting of the Board in executive session for the purpose of
discussing this litigation.
Mayor Ferre: I would recommend, nevertheless, Mr. Grassie, that if we do such
a thing that we keep a full tape of everything that's discussed so that once...
Is that acceptable to you, Mr. Knox?
Mr. Knox: Yes sir.
Mayor Ferre: So that once this matter is taken up in court, then we, of course,
would make the information public so that there wouldn't be any question about
any sub -confusion on the City's part. That being the case, until Mrs. Gordon
comes back, I will recess this Commission and then we'll take up item number 15.
And then we're going to go upstairs, if it's alright with you, into my office
and go into executive session for, I think, no more than 10 or 15 minutes to
discuss this item. Okay? And then we'll be back. Mr. Clerk, do you have a tape
recorder that you can take upstairs?
Mr. Plummer: Mr. !Mayor, 1've just yotto tell you something, I've just got to
put it on the record. You know, Rose has been in total opposition to everything
relating to FIX and to go into an executive session without her there is just as
bad as discussing item number 15 without her being here.
Mayor Ferre: 1 agree but I'1.1. tell you, in the meantime...
Mr -Plummer:
Let me suggest we do it at 8:30 in the morning.
Mayor 1!! rre: Let me find out if we can get... Charlie, would you do me
and see if... What's the number upstairs? Does anybody know?
tlr. Plummer: Where?
Mayor Ferre Mrs. Gordon's office.
Plummer.: 6017, Mr. Mayor,
mayor Ferre: Mr. Grassie, would you then inform Mrs. Gordon and I guess Commissioner
Reboso that we'll go into an executive session at 8:30 tomorrow morning for the
puposes of discussing this item. Do it tonight? The trouble is that we don't
know when... We're going to keep a tape recording of this, is that correct? I'll
tell you what let's do then. Let's go ahead for information purposes, at least
go over this, and then you will make the tape and we will not come to any decisions
until Mrs. Gordon has had the full opportunity to hear this and then we'll continue
it tomorrow so I am calling an executive session in 5 minutes upstairs in my office
and if you will be there and have the tape recorder and then we'll take it from
there. We may extend it t4.1,4. tomorrow, we will have to. We won't come to any
cnc1Ubions today,
AW6URNMt;t3T: There being no further business to come before the City COM ission,
the Meeting Was adjourned at 3:55 P.M.
nil': t2ALPH 0, ONClt
City Clerk
MATTY HIRAI
Assistant City Clerk
MAt1RICt; A. t't;;RRt
MAYOR
JAN 26 W
CITY OF MIAMI
ITEM NO.
DOCUMENT
DOCUMENT IDENTIFICATION
MEETING DATE:
January 26, 1977
COFMISSION
ACTION
RETRIEVAL
CODE NO.
COMMISSION AGENDA AND CITY CLERK REPORT
CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF N.W. 33RD AVENUE
GRANTING A SIX-MONTH EXTENSION OF THE CONDI-
TIONAL USE AS LISTED IN ORDINANCE 6871, ARTI-
CLE XV, SECTION 2(8)(d), TO PERMIT CONSTRUC-
TION OF BUILDING CONTAINING 299 DWELLING UNITS
ON LOTS 12 THRU 16, BLOCK 1,NELSON VILLA
GARDEN OF EDEN
GRANTING A SIX-MONTH EXTENSION OF THE CONDI-
TIONAL USE AS LISTED IN ORDINANCE 6871, ARTI-
CLE XV, SECTION 2(8)(a), TO PERMIT CONSTRUC-
TION OF PARKING GARAGE OF LOTS 12 THRU 16,
BLOCK 1, NELSON VILLA & GARDEN OF EDEN
R-77-62
R-77-63A
R-77-63B
0016
77-62
77-63A
77-63B