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HomeMy WebLinkAboutCC 1977-02-23 MinutesOF MEETING HELD ON FEB 2 31977 PREPARED SY me OFFICE OF THE CITY CLERK I TY HALL ft 44 t r;1 RALPH G. ONCE tomak ITEM NO. 5. 6. 10. 11. 12. 13. 14. 15, 16, 17, IND ci4 INfAirdrin Salta TABLE OF CONTENTS EXTENSION OF WAIVER OF DEVELOPMENT OF 6 OF 27 OFF.. STREET PARKING SPACES S.E. CORNER N.W. 5TH AVENUE & 34 STREET. SECOND READING ORDINANCE AMEND ZONING ORDINANCE C-3 DISTRICT TO ALLOW CAR RENTAL AGENCIES AS A PERMITTED USE. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE TO PERMIT SUPPER CLUBS IN C-2A DISTRICTS AS CONDITIONAL USE REVISING SIGN REGULATIONS IN C-2A. SECOND READING ORDINANCE: CHANGE ZONE CLASS. PROPERTY LOCATED AT 3739 AND 3749`GRAND AVE. FIRST READING ORDINANCE: CHANGE OF ZONING CLASS. PROPERTY EAST OF 2665 S.W. 37TH AVE.(HASTA RESTAURANT FROM R-2 TO C-2. DENY REQUEST FOR CHANGE OF ZONING PROPERTY LOCATED AT 2300 S.W. 2ND TERRACE AT BEACOM BLVD. FROM R-1 tO R-2. FIRST READING ORDINANCE: AMEND ZONING ORD. TO PERMIT HELIPORTS AND HELISTOPS IN R-C, R-CB & R-C-1 DISTRICTS AS CONDITIONAL USES. FIRST READING ORDINANCE: AMEND ZONING ORD. TO ALLOW PROFESSIONAL OFFICES IN R-5 DISTRICTS AS COND. USE. VACATION AND CLOSURE OF ALLEY LYING BETWEEN S.W. 7TH AND 8TH STREETS AT S.W. 36TH COURT & 37TH AVE (INTERCONTINENTAL BANK'S APPLICATION) GRANT VARIANCE FOR LOT WIDTH AND SETBACKS ON PROPERTY LOCATED AT 2700-10 S.W. 13TH STREET. SECOND READING ORDINANCE: AMEND ART. II,IV,XIV & XVI DEFINING ADULT BOOK STORES, MASSAGE PARLORS, ADULT MOTION PICTURE THEATRES AND PRIVATE DANCING PERMITTING THEIR OPERATION IN CERTAIN DISTRICTS. DEFERRAL OF REQUEST FOR CHANGE OF ZONING CLASSIFICAT- ION ON PROPERTY LOCATED AT 2121,2129,2147,& 2151 N.W. 23 STREET FROM R-3 TO C-5. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE TO INCLUDE OVERLAY DISTRICT LIMITING BUILDING HEIGHT TO FOUR FLOORS IN CERTAIN AREAS, FIRST READING ORDINANCE; APPLY OVERLAY DISTRICT TO CERTAIN AREAS IN COCONUT GROVE. DEFERRAL OF CONSIDERATION OF VACATION AND CLOSURE OF A PORTION OF N.W. 5TH AVE, BETWEEN 60 AND 62 STREET. ACCEPT TRANSMITTAL FROM PINNING ADVISORY BOARD Or RESPONSES ON MIAMI COMPREHENSIVE NEIGHBORHOOD KAN. INTERGOVERNMENTAL COORDINATION SUBSTANCE AND ALCOHOL APSE PROGRAM AND SERVICES. INANOL OR1 SOLUTION No PAS NO. RES. 77142 ORD. 8615 ORD. 8616 ORD. 8617 1ST READING ORD MOT. 77-143 1ST READ. ORD. 1ST READ. ORD. RES. 77-144 RES. 77-145 ORD. 8618 MOT. 77-146 1ST READ. ORD. 1ST READ, ORD. MOT, 77.447 RES. 77=146 RES. 77-149 1=2 2-3 4 4-6 6-7 8-9 9-20 20-22 23-30 30.-35 35-36 36-42 42-45 45-46 FEB 2 1977 INS Ct1YtMcifPfEARnA VD IC 18. 19, SUBJECT APPOINT: MItbAtb CALLAHAN AS A MEMBER or TIME ZONING $OASb ANO bTRECT Tf 2 CITY CUM TO ADVERTISE FOR ALTERNATE MER, DISCUSSION ITEM: SPECIAL MEETING CALLED BY MAYOR PERM FOR 'EB. 28,1977, AT 8:00 A.M., TO DISCUSS FUTURE COURSE OP ACTION IN CONNECTION WITH REPORT RECEIVED FROM DADE GRAND JURY (RE "EXECUTIVE MEETING" HELD 'ANUARY 26, 1977) O t wANCE 013 R8SOLUT t ON NO RES, 77.150 intficft FEB 1977 PAGE NO. 46.48 49.51 • • MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI FLORIDA 1O THE 23RD DAY OF FEBRUARY 1 77. THE CITY COMMISSION O �IIAMI r OR DA MET AT ITS REGULAR MEETING PLACE IN THE CITY HALL) UO FAN AMERICAN DRIVE, IAMI) FLORIDA IN REGULAR SESSION, THE MEETING WAS CALLED TO ORDER AT 2 d0 O CLOC K R . M 1 BY VICE"' MAYOR THE GIBSON WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO DE PRESENT Comm ss .onen J. L. Ptu +me.h, Jh. Commis s.ionek Rose Gohdon V.ce=Mayoh Theodohe R. G.ib4on ALSO PRESENT: R. L, Fosmoen, Assistant City Manageh Geokge F. Knox, City Attohney Raeph G. Ongie, City Ctehh Matty Hiha ., Assistant City C.eehk Joseph R. Gha44.e, City Manageh Comm-i64ionek Manoto Reboso Mayan MaukLce A. Fenhe An invocation was da veked by Vice -,Mayo& Gilman, who then teg those phe.s en.t .in a peedge o 6 atlegtance to the 6Qag. A motion to waive the heading o5 ,the minutes was i.n.noduced and 6econded and was passed unan.imousZy. 1LXTENSION OF WAIVER OF DEVELOPMENT OF 6 OF 2/ OFF-STREET PARKING SPACES S.L. CORNER N.W. NTH AVENUE AND 34 STREET, ABSENT Mr. Plummer: Father, for the record, the Mayor has called just now to inform me that he is going to be running late this afternoon and asked us to proceed until he arrive. Mr. Vice -Mayor also, due to a physical problem Mr. Art Green has, he has asked that if it is possible that he can be taken out of order which is number 13. I have checked with Mr. Davis if you mightrecall this is the case in which a wall was not repaired. Mr. Davis assures me that a contract has been left for this repair and it is within his discretion and his recommendation that this be granted for the additional year waiver. (Father Gibson, sir you certify) Yes sir, and there's Mr. Davis: Further information on this is, the Building Department has been in contact with Mr. Green and the inspector is in contact with the situation at all times, Mr. Plummer: I move it Mr, Vice -Mayor, Mrs. Gordon I'll second it, Father Gibson: Alright, any discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved a.ts adoption: RESOLUTION NO. 77-142 A RESOLUTION GRANTING EXTENSION OF WAIVER OF DEVELOPMENT OF 6 OF 27 OFF',STREET PARKING SPACES IN CONJUNCTION WITH 22=UNIT APARTMENT BUILDING AT THE SOUTHEAST CORNER OF N,W, 5TH AVENUE AND 34TH STREET, FOR A PERIOD OF ONE YEAR; AND GRANTING AUTOMATIC WAIVERS OF EXTENSION OF ONE YEAR PERIODS THEREAFTER UNLESS AT ANNUAL INSPECTION BY TSB BUILDING DDPARTMDNT, TDB DEPARTMENT PIRECTOR REQUESTS APPITIONAI RDVIDW DY THE CITY CQMMT$DION. Here follows body of resPl:vtion, omitted here end on file in the Office of the City ClerX,) Upon being seconded by CornMissioner Gordon, the resolution Was passed and adopted by the following vote: AYES: Comfliesidder PiuMi1et, Comiissioner Gordon, and Vice -Mayor Gibson. NOES: None, ABSENT: COMMiss.oner Manolo heboso and Mayot A utide As Fet e 1 sECOND READING ORDINANCE: hiato ZONING OADINANce C-3 DISTRICT TO ALLOW RENTALCAR ACOCIES AS A MINIM) yes Mr. Plummer: If there is no one here to object on itet 1, t'll MoVe it as before. Mrs. Gordon: Yr11 second it. rather Gibson: Alright, any discussion Ca11 the roll please, Mr, Mike Anderson: Read the ordinance into public record. 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 SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of January 26th was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Gordon, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following voter AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor Theodore R. Gibson NOES: None. ABSENT: Commissioner Manolo Reboso, and Mayor Maurice A. Ferre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8615. 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. NOTE: Mr. Plummer: Father Gibson I think we also should state for the record that Mr. Grassie has informed the Commission that he is in federal court on a city matter and has no idea what time he might arrive if he arrives at this meeting. Commissioner Reboso was on nationwide t.v. this morning I'm informed and I don't know whether or not he's returned. (He is here), okay. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE TO PERMIT SUPPER CLUBS IN C-2A DISTRICTS AS CONDITIONAL USE AND REVISING SIGN REGULATIONS IN C-2A$ Mr. Plummer; If there are no objectors Mrs. Gordon moved it before, Mrs. Gordon: I'll move it again. Mr. Plummer: I'll second it. (Mr. Knox, City Attorney read ordinance..,) Father Gibson: Call the roll. AN otbiNAi4CE ENTI'PLEba AN ORDINANCE AMENDING ORDINANCE No 6871, THE COMPREHENSIVE ZONING ORDINANCE POR THE CITY OF MIAMI, BY AMEND NG ARTICLE XlV$1, SPECIAL COMMUNITY COMMERCIAL, Ca 2A DISTRICT, BY AbbING A NEW PARAGRAPH (I) TO SECTION 2, SUBSECTION (57) TO ALLOW SCUPPER CLUBS AS CONbtTIONAL USES ANb BY bELtTING EXISTING SECTION 7 ANb SUBSTITUTING A NEW SECTION 7 TO CLARIPY THE HEIGHT LIMITS; AND BY AMENbING ARTICLE XXIV'= StcNS, BY AIDING A NEW PARAGRAPH (i) TO SECTION 6, SUBSECTION (2) TO PROVIDE SPECIEtC FLAT SIGN LIMITATIONS FOR ESTABLISHMENTS OF THE PERFORMING ANb/OR EXHIBITING ARTS LOCATED IN THE Ca2A DISTRICT, AND BY ADDING A NEW SUBSECTION (4) TO SECTION 6 TO REQUIRE PLANNING DEPARTMENT APPROVAL OP NEW SIGNS PREMITTED IN THE C.2A DISTRICT; REPEALING ALL ORDINANCES, CODE SECTIONs OR PARTS THEREOF IN cONFLICT INSOFAR AS THEY ARE IN CONFLICT; ARE CONTAINING A SEVERABILITY PROVISION, Passed on its first reading by title at the meeting of January 26th was taken up for its second and final reading by title and adoption. On motion of Commissioner Gordon, 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 J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson 'DOES; None. ABSENT: Commissioner Manolo Reboso, and Mayor Maurice A. Terre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8616. 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. 4, SECOND LEADING ORDINANNCE:. CHANGE ZONE CLASSIFICATION PROPERTY LOCATED AT 37i9 AND 3/49 GRAND AVENUE FROM R-1 TO C-2A, 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 6 AND 7, BLOCK 1, COiMBINED 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 THERE- OF; 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 January 26th was taken up for its second and final. reading by title and adoption. On motion of Vice -Mayor Gibson, seconded by Commissioner Plummer, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES; Commissioner Rose Gordon Commissioner J. L, Plummer, Jr. Vice -Mayor Theodore R. Gibson NOES; None. ABSENT; Commissioner Manolo Reboso, and Mayor Maurice A, Terre THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8617, The City Attorney read the ordinance into the public record and announced that copies were available to the IneMbers of the City Commission and to the public, C flf 1977 w FIT MING ORDINAM TH AVENut (HASTA AU ) PP ' M RA OF r7ili C NOTE: Commissioner Reboso entered teeting at 2t15 P.M. Mr, DaViss Petition for a change of Zoning at the Haste Restaurant to to"a.ign the property in the rear of the parcel so that :: , not ohly brihq things into confothande but put oil a small addition as shown on the chart on the Wall. The applicant is Mr, Sy Mandel, Father Gibson: Are there any objectors? Mr: Plummer: Haring none I'll move it. AN ORDINANCE ENTITLED. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE WEST 10' OF LOT 6, BLOCK 2, MOTTL PARK (39-60) AND THE WEST 20' OF LOT 11, Web. SANFORb'S SUB (4-26), BEING EAST OF 2665 S.W. 37TH AVENUE, FROM R-2 (TWO FAMILY) TO C-2 (COMMUNITY COMMERCIAL) AND BY MAILING 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 Plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote: AYES: Commissioner Plummer Commissioner Reboso Commissioner Gordon Vice -Mayor Gibson NOES: None, ABSENT: Mayor Maurice A. Ferre The City Attorney read the ordinance into the record and stated that copies nad been furnished to the Commissioners and that copies were available to the public. 6. DENY REQUEST FOR CHANGE OF ZONING PROPERTY LOCATED AT 2300 S.W, 2ND TERRACE AY t3EACOM LOULENARD FROM R-1 TO R-2 Mr. Davis: Number 7, a petition for change of zoning was deferred at your meeting of January 26th so that the Planning Department Director could review the recommend- ation of the department. Mr_ Plummer Yea, andI understand it or as I recall it , it was only for him to come back and give us his report. Mr. Dick Fosmoen: That's correct Commissioner. We have a big issue was raised as to whether or not there axe similar properties and similar circumstances in this neigh- borhood along Beacom Boulevard. And, there are, in fact properties with similar circumstances.Our concern with this re -zoning is not necessarily this specific piece of property of my concern. But rather the potential for additional requests for R-2 zoning in the R-1 district, I think we all recognize that the utilities and the services that support that neighborhood are designed for a single-family resident- ial neighborhood and if we begin to experience a number of re -zoning requests intruding into R-1 district then we would have a serious problem with the services in that neigh- borhood with off-street parking, with the kind of traffic that it would generate. So, our concern is Mt necessarily with this single piece of property, I understand the property owner circumstances, But rather the overall effect and the future effect of re -zoning that single Piece. Mrr Plummer; So, what you're saying is what? Mrs, Gordon: you're upholding the previous recommendation? fir, f'osmQen; l,'m holding the previous recommendation *Commissioner €s oner _ � Corned p e �as�s that we're :Con abet the future effect of this re -coning on the remainder Af the neighborhood, If the Commission understands that by re Boning that they would not in the future .eQneider additional re zonings of a siMilar 4 4t,3re. OW4 we wauidn't have any ob je! tUon to reelming 4 EELVIA177 this niece of property. Mrsi Gotddh: Well, how would the courts look at this application granting, would the courts then say that Ste future applicant with a similar sittation would tf efl be entitled to the bathe oohs deratioh Mr, POSToen: We stay experience the same kind of request on the piece of property as indicated in orange, because it is ih a similar citcufhttafte Mrs: Gordon: Well, that has always been out experience in the past that if we did softething that the future, even though we might take a different viewpoint that the courts don't. (Mr. Posmeen a. That's correct), Mr, Pluftmer: Well, the next question has to be is it fair? Mr, fosmoen:' I would have to add that this property has been zoned this Way for nuiTber of years and 1 believe by the property owners holding statement. The reason that he is requesting the rezoning is because of a financial burden that he's experiencing on his property. Mr. Plummer: As I also recall he doesn't really want to build a duplex he just wants to add onto his house. Without it being a second resider ce. And the only way that he can put on to that is with an R-2 zoning. Mrs. Gordon: Yea, but there was going to be another kitchen unit J.L. It's not just to put on another bedroom. If I understand it correctly. Cr. Plummer: But it's not for rental. Mrs. Gordon: Well, this owner maybe no. But the next one yes. I mean we have to be consistent. Mr. Viyella:__ Commissioners, the only proposed change in the residence in fact is to enclose the carport. Thats the only proposed change. As a matter of fact the doors to the residence is already constructed. The doors are already suitable for having another individual family living there. And, "I would just like to briefly respond to Mr. Fosmoen's position with regard to the other piece of property in the light red or orange(I really can't tell what that is here). You know it's one thing to look at these properties on the map and on the transparency. It's quite another thing to be there. Actually, physically be there at the house. And, when you're there at that house you are consci ous at every moment in time that you are there in the house that you are on Beacom Blvd. That's not true with regard to the other residence. That .,other "residence is,in fact,when you stand at that residence you're not even exposed o Beacom Blvd. at all. So, it's really not similar situated. In fact this particular residence is the only one on Beacom Blvd. that is situated in exactly that same situat- ion that is not zoned R-2 and I believe that the Commission would be accomplishing what I'm sure would have been the intention at the outset in the original re -zoning or re-classification to this zig zag zoning on Beacon► Blvd. by re -zoning this piece of property to R-2 because then in fact the zig zag pattern would have some contiguity and some conformative which it does not now have. Mr. Plummer: When did Mr, Pina: he buy this? About 2 years ago. Mrs. Gordon: I know I've had and J.L. you've had, and Father you've also had, all of us have had experience in the Planning and Zoning Board prior to this position we now have and I know from past experience that you cannot piece meal zoning without having repercussions upon future applications and I'm going to uphold the recommendation of both the Planning Department and the Zoning Board, Mr. Reboso: It's already piece meal Rose. . V l4. ; Commissioner, I would submit that in fact to rezone the piece of property according to the variance requested would in fact result in not having piece meal zoning on Beacom a1vd, , which is what you have now as a matter of fact, Mrs, Gordon; you're not really talking of a zoning variance, you're talking of a change of zoning, 1 concur with the department the other inemners of this Commission may vote as they see fit but I personali:yfeei that it would be a precedent that we cannot afford to take, because if we ta;cen a precedent on Deaco,m Blvd,* there are other areas of town that have precedents that are similar to this,that have areas similar to this and it just keeps going on and on and We have lost more cases in court Peoause the Commission had not been consistent in years past on particular items and SO I go siong with upholding both of those recommendations and if l don''t get a second them wilt be another notion, 5 Mr. plutM:ter: Welly 1 got to be consistent. I made the coifiillent at the last Meeting that 3 would depend on the professional staff and that's why we sent it back because he thought he Might feel differently if he Were able to look at the whole thing. He's now looked at the whole thing and feeie that his original was coftect. SO, till sedond the motion. Mf. Rebosot Under discussion in the motion, i think it's the other ray around. 1 think every piede of property that is facing BeatOfttblVd. should be R'2 a I don't see why everybody is going to be I2.4 and two or three lots are going to be denied to be 11..2. 1 think it's the other way around. Mrs. Gordon: On discussion on the motion again in favor of the motioni your oommeht Commissioner Reboso is that this is facing teacox Blvd. but this faces Second Street and that is not the same situation as those properties that do face, you may have a view of Beacom pied. but your address is not teacolf Bli►d, is it? What is your address? UNIDENTIFIED SPEARER: It's hot Beacot Blvd, Mrs. Gordon: It certainly isn't, I know. UNIDENTIFIED SPEAKER: But it certainly does face BeacoM Blvd.. Mrs. Gordon! Well, you have a eye view of it from the side if you look out the side, but that isn't the point. The point that I'm making is that it is not a property structure that faces Beacom Blvd. Father Gibson: Alright, any further discussion? Ca11 the roll. The following motion was introduced by Commissioner Gordon, who moved its adoption: MOTION NO. 77-143 A MOTION UPHOLDING THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND ZONING BOARD TO DENY A REQUEST FOR CHANGE OF ZONING OF PROPERTY AT 2300 S.W. 2nd TERRACE AT BEACOM BOULEVARD FROM R-1 TO R-2. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Rose Gordon Vice -Mayor Theodore R. Gibson NOES: Commissioner Manolo Reboso ABSENT: Mayor Maurice A. Ferre �. FIRST R.ADING ORDINANCE: AMEND ZONING ORDINANCE TO PERMIT HELIPORTS AND HELISTOPS IN R-C, R-CD AND R-C-1. DISTRICTS AS CONDITIONAL USES Mr. Bob Davis: Item #10, is a petition by the Planning Department to amend the zoning ordinance to permit Helistops and Heliports as a conditional use in R-C, R-CB and R-C-1 districts. This was deferred at your meeting of January 26th so that a review. of the minutes could be made and .,. of course they were. I've had two phone calls today from residents of the Pointview Complex. We're quite concerned about this item. They wish me to inform you of their objection to it, Mr. Plummer; Repeat again who's in objection to it, Mr. Hob Davis: I had two phone calls this morning from residents of the Pointview Apartment Complex that's zoned R-5 in adjacent to the RRCB. Mr. Pl4mmer; Yea, and they're opposed it, Mr. Davis; They're opposed to it. I explained to them and g'm not sure that they clearly understood. 1 explained to them that any particular Hslistop or Heliport which is Proposed for that general area and l think they're concerned about general development,would have to be approved as a conditional use by the Zoning Board, Mr, Plummer: Who is in favor of it? Mz, Davis: The Planning Pepartmentand the .,, Mr, PiutM et Why? Mt, bavis t They fedi that it could be controlled,,, well, i itn going to let they► explain that, The original appiioatiof ,they can explain the whole thing, 1�Iit Y t ►i1?p1�e , _*„ _- t Met7tbers of the Commission this item caste to our attention pursuant to a request ih particularly the general development corporation by which to have a facility that they could ih fact operate what I consider an executive helitOpter to transport their office personnel or their eXecutiVe personnel to necessary meetings, Our investigation pursuant to their request indicates that this is Quite a groWing heed in the business community particularly of your larger corporations, Hopefully, in the audience tonight or this afternoon we do have sbiteone from the Helicopter Association of Plbtida, who might be able to elaborate upon this growing trehd in the business ,,, Mr. Plummer! Let me ask this question, as you have it proposed here, it's a conditionm al use, which Means that each and everytime that anybody Wanted to get periltissibh it would have tb come before this CoMMissibn, is that correct? Mr. Whipple: That is correct Mr. Plummer: Mr. Vice -Mayor, I'll move it. MrS. Gordon: This is an enabling act in effect ... Mr. Whipple: An enabling act Where certain guidelines Mr. Plummer: But each item Would be an individual item. Mrs. Gordon: It doesn't grant anything across the board. I'll second the motion. Mr. Knox: City Attorney reads ordinance into the record. AN ORDINANCE ENTITLED- AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY AMENDING ARTICLE II, DEFINITIONS, BY ADDING NEW SUB -SECTIONS (36-A) AND (36-B) TO SECTION 2 TO DEFINE HELISTOPS AND HELIPORTS; BY AMENDING ARTICLE XI, RESIDENTIAL -OFFICE R-C DISTRICT, BY ADDING A NEW SUB -SECTION (5) PARAGRAPH (e) TO SECT- ION 1, BY AMENDING ARTICLE XI-2, RESIDENTIAL -OFFICE R-CB DISTRICT, BY ADDING A NEW SUB -SECTION (7), PARAGRAPH (f) TO SECTION 1, AND BY AMENDING ARTICLE XI-3, RESIDENTIAL -OFFICE -COMMERCIAL R-C-1 DISTRICT, BY ADDING A NEW SUB -SECTION (7), PARAGRAPH (j) TO SECTION 1, ALL TO ALLOW HELISTOPS, AS CONDITIONAL USES, WITH APPROPRIATE CRITERIA AND RESTRICTIONS; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES; Commissioner Plummer Commissioner-Reboso Commissioner Gordon Vice -Mayor Gibson NOES: None ABSENT; Mayor Maurice A. Ferre The City Attorney read the ordinance into thezecord and stated that copies had been. furnished to the Commissioners and that copies were available to the public, FIT READING ORDINANCE: AMEND ZONING ORDINANCE TO ALIA PROFESSIONAL OFFICES IN R- DISTRICTS AS CONDITIONAL USEi Mr. Bob bavist Item #11 is again a Planning bepartMent petitioh tes amend the tOning ordinance tO include bUdindad offiCed in an to,5 toning bistrittl but Ad a COnditiOnal Mr, Plummer: till MOVe it, Mrs, Gordon: 8ecohd, Pather Gibson: Uhder disCUSSion Mrs. Gordon: Under distussion, this again is similar to the one we have previously ... enabling a type of legislation which will permit the judgment of the board and the CoMmisSion at the appropriate time that the application will come before us, Mr. PluMmer: Yea, plus it will make a lot of illegitimate children legitimate, because it exists today. Father Gibson: Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW SUB -SECTION (5) TO ARTICLE IV, GENERAL PROVIS/ONS, SECTION 20, TO PROVIDE APPROPRIATE LIMITATIONS ON OFFICE USE IN RESIDENTIAL STRUCTURES IN HIGH DENSITY MULTIPLE - R-5 DISTRICTS; AND BY ADDING A NEW PARAGRAPH (e) TO ARTICLE X, HIGH DENSITY MULTIPLE - R-5 DISTRICT, SECTION 1, SUB- SECTION (6) TO ALLOW PROFESSIONAL OFFICES WITHIN THE DISTRICT, UPON CONDITIONAL USE APPROVAL, AND SUBJECT TO L/MITATIONS; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONPL/CT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote: AYES: Commissioner Reboso Commissioner Gordon Commissioner Plummer Vice -Mayor Gibson NOES: None ABSENT: Mayor Maurice A. Terre 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. 9. VACATION AND CLOSURE OF ALLEY LYING BETWEEN S.W. 7TH AND 8TH STREETS AT S.W. 36TH COURT AND 37TH AVENUE. (INTERCONTINENTAL BANK'S APPLICATION). Mr. Bob Davis: Twelve(12) is an application by the Intercontinental Bank , the vacation and closure of the alley lying between 7th and 8th Streets of S.W. 36th Court as shown on the wall. Mr. Plummer; Are there any objectore? Father Gibson; I had difficulty in seeing that alley, It looks like you never had it. Mrs, Gordon; It isn't really being used. I'll move it. M. Plummer; Seconded' Father .bson; .Anyway, let's call the roll, The following resolution W45 introduced by Commissioner Gordon, who moved its adoption; 1 11 8 FEB 231977 RESOLUTION t NO. 1/.144 A RESOLUTION APPROVING !t'n VACATION ANO CLOSURE Ct THE ALLEY LYING WITHIN "CRAIG REPLAT OP CORAL POINT TRACT A (77•2A) AN fidtiCt1As TRAIL (6m71) "` BEING Eb6CK BC UNbEE BY S . W ► j 6iTH COURT j 7TH AVENUE A34b S.4. 7TH ANti 8TH STREETS; ALt IN ACCOMANCE WITH TENTATIVE PLAT #97i "GREEN TRAIL EMI". (Here follows body of resolution, omitted here and on file ih the Office of the City Clerk.) Upon being see tided by Commissioner Plumher, the resolution was passed and adopted by the following vote: AYEs: Commissioner Cordon Cammissioner Plummer Commissioner Reboso Vice -Mayor Gibson NOES: None, ABSENT: Mayor Maurice A. ?erre 10 GRANT VARIANCE FOR LOT WIDTH ANI) SETBACKS ON PROPERTY LOCATED AT 2700-10 SiW, 13T STREET Mr. Bob Davis: Item 14 is an appeal by the applicant. You may wish to waive it for him, I don't know. Mr. Plummer: Are they here? Mr. Davis: This petition is for a variance to permit remodeling of the existing building on this site. The site is 50' wide,(60' is required) And it has 5,000 sq.ft. 6,000 ft. are required),and they only have a 6.65 side yard,(9 ft, is required) and a 11 ft. rear yard(20 ft. is required). They are going to provide landscape strip of 2 ft instead of 5 ft, with a 2.5 ornamental wall on the S.W. 27th Avenue side. This item was denied by the Zoning Board 5-2 and the Applicant filed an appeal per paying the proper fee. Father Gibson: Alright sir. qrs. Gordon: What about the parking? Mr. Davis: Parking met the requirements Mrs. Gordon. (Mrs. Gordon - Ok.) Mr. Plummer: Let me ask this question. What are they proposing, an office building? Mr. Davis: Yes sir. They're converting it to a medical office I believe. Mrs. Gordon: Are any objectors here today? Mr. Plummer: Well let's hear from the Applicant firsto. as usual. Mrs. Gordon. Okay, I just wanted to know if they were here. (Father Gibson. Alright,..) Atty: Thomas P. Carlos: I'm an attorney and I represent the owner, Osvaldo Ramos and the applicant, Dr. & Mrs. Soler. My offices are located at 1399 N.W. 17th Ave, Let me state first for the record that the applicant have worked with the Planning Department in submitting plans and drawings for landscaping and parking which I understand have met with the approval of the Planning Department and therefore we join in the recommend- ation of the Planning Department and do intend and will comply with those recommendations. The applicant, Dr. & Mrs. Soler have a contract to purchase the property for the purpose of remodeling this property for the intended use of medical office facilities. I do not know if the architect will be here. I did have a small allocation of time for him to present the esthetic improvements, But I think what I'd like to point out ahead of time is that the building will retain its residential character although certain 1ancscaping and esthetical exterior improvements will be made including the changing of the entrance to the offleesfrom the street or terrace side to 27th Avenue. Se 411 traffic and all entry and exit from the building will be from the 27th Avenue entrance. Let me point out tQ the Commission that the intended use is a use which is contemplated under the existing RwC zoning classification. Clearly there is not a request for a change of classification, but one which would allow certain variances to fulfill the o ntamplated use, believe that most members of the Commission are familiar with the area of 21th Avenue just a bracket the area, the property is located on the corner of 27th Avenu6 S.W. 13th Street. Approximately located between S.W. 8th Street and S.W. 16th Street. The conditions at one tithe along 27th Avenue were predominately resident ial, but in recent years it's clear that the changing conditions of 21th Avenue as a major arterial road reflect substantial increase in traffic and changes ih the pattern of use on 21th Avenue. I think that the ekception is residehtial use and that the rule now is cohietcial ih certain areas, ranging fret gas stations, bakeries, grocery stores, shopping centers of neighborhood Nature, but also a use which allows office buildings and professiohal use. the slides that we ate showing now this is the duplex property and the property Which we are seeking to zone and what we intend to show by our( s� iONT) is that that our use is compatible with other existing uses in the neighborhood. A previous picture showed 27th Avenue. This is the 13th St. side of .,the orot,ertV. This ;is the front Of the property looking from 27th Avenue west. That facade there Will be changed and an entrance put on that side of the property. This property is the adjacent property to the south which was either a apartment complex or quadruple er such which has been modified retains its residential nature but at the same time its been modified for office use and still constitutes an acts asa buffer from 27th Avenue to the adjacent residential property to the west. This property is across the street to the north and as you can see its at least a five -story office complex and of course this affects. I want to point out that this affects the present and existing use as a residential piece of property and I'll point out some conditions which have resulted by the commercial utilization and office use along 27th Avenue upon an isolated duplex having to remain residential, This is another corner of that intersection, another home, which has been changed to a real estate office. Immediately across the street on the east -side of 27th Avenue is some form of credit bureau or adjustment bureau with office facilities, and parking facilities. This property is furtner to the south and is a apartment complex. Again a little bit further to the south is a substantial condominiumapartment complex. Again, just looking south on the property on 27th Avenue. Now we're looking north on the other side and we're pointing out a duplex in the middle of the block which has been changed from a residential duplex to a doctor's office. Now, immediately adjacent to this doctor's office is another duplex which is also been changed into a doctor's office. We have interviewed the doctor whose name is Dr. Hector Haces and he has indicated to us that his facility has not presented any objections to his surrounding neighbors and his neighbors have letters from his neighbors immediately adjacent to him and in front of him. And, I will just briefly like to read the letter. "We the undersigned, Ricardo Hiraba' andRafael,Manesa , we the undersigned, are neighbors who live in close proximity to medical offices of Dr. Hector Races, located at the corner of 12th Street and 27th Avenue, S.W.(one block away)., the present and during the entire time during which he occupied the offices ,the neighborhood has not experienced any excess traffic problems nor any parking problems. In fact, the medical offices of Dr. Races have been a benefit rather than a detriment to the community." I would like to introduce this into the record as one of the applicant's exhibits. Dr. Haces,his letter briefly states where his offices and medical facilities are atand that he has been there since 1973. Another picture in the same direction. Same street looking to the north. This is the parking lot immediately across the street from the property we're speaking, of. There is the property shown with the office building to the north of it and the oirking' lot directly across the street. That's the end of our slide presentation. But we wished to show by the slides and by our presentation is that the property is no longer suitable as a residential property. The traffic congestion on 27th Avenue has created such a condition that people who would be intended occupants of these rental units no longer desire to raise families in these facilities and that result of this is that the facilities have remained empty for some period of time. I would like in order to document that fact for the record just get a brief statement from the owner Mr. Osvaldo Ramos as to what the existing occupancy in the building and what economic circumstances he is facing as a result of that lack of occupancy. Mr. Ramos will you take that mike there and just briefly state your name and what the rental status of the property is. Mr. Osvaldo Ramos; I'm the owner of the property. It's a duplex, one side has not been occupied for the last two months. The other side one month. Atty; Thomas P, Carlos; Okay. Are there any objections do you find when perspective tenants come with respect to their occupying the premises? Mr. Ramos; Well, yea, 27th Avenue since repent years, you know, have been tremendously improved traffic wise and as a matter of fact the people who moved out of there, that's the reason they moved out of there, People have come over to Look at it would not pay the amount of money that I was getting before because they really know they had to stay for 4 long period of time and they can get a cheaper place to stay for the time they're yoing to be there, so 1 haven't been able to rent it•(one) for the last two months and the other one 4 month ago that it was vacated again, Atty; Thomas is ,Carlos; ;Okay, thank you very much! 1 would proffer to the Comtisivn that the present owner just like anybody else who cant maze occommip upe of his property will start te experience some difficulty in maintaining that property in a good state of, donditioh, And We see a situation Where change exist and where that change ih teams of the intended use will ohly result a set of circuMstahCeS Which will produce deters, iOration and ectOOMiC ttaghatift of a piece of property that is entitled to another ute to be Cohtemplated at this tie 1might also auggett that soMetiMeA the Milner might be required to refit to trah§iehtt of be a less desirable character than people who would try to Make this place their hOMe, Now, the alternative is the intehded use that We MO contemplated here. The intended use is ah Upgraded use and 1 would also proffer tO the COMMission that MediCal uses Of medical facilities and medical offices does not in itself present any threat for detrimental Use or nuisance pet set tO the existing neighborhood, In fact, the Medical use thatbr. Beier intends to put the building to would afford ah invaluable serVidesto these people in this community, especially elderly people residing in the coMmuhity, I don't see where people should have to travel to ah urban downtown area or to a large shopping center in order to make use or seek Medical Pnysiciansassistahce. Ahd, of curse t the area along 27th AVenue has demonstrated this and a need for this because anyone who travels 27th Avenue Will quickly and immediately notice the professional and serni professional changes that are beihg made along that arterial highway, At this time just and brief would like to call On Soler for him to explain his intehded use for the property and to explain what his practice consist of, how many patients he intends to see during a day and also to explaih the hours of his operation. Dr, Soler, if you will take that microphone and just be as brief as possible on that. I'd appreciate your comMents. Dr. Soler: I'm an Orthopedic Surgeon. I'in trying to buy this property because I'm trying to open my office over there. I think that office will be opened from 3 to 6 Apr 7 or afternoon. The most that I cah see at the time will be 4 to 5 patients. I Whink we have enough parking area. I'm planning to improve and beauty that area opening there , the side for the 27th Avenue. I think that there will give more beauty to that area and by the other hand when the tenants live there, they have children, they are all the time moving around in that area. 1 probably will be there about only three to four hours a day, that's it. Atty: Thomas P. Carlos: Doctor, can you explain maybe the Commission would be interested in knowing why you're only going to be there three or four hours. Dr. Soler: Because I have to be at work in the hospital. I have to go to the operation room during the morning and then afternoons, sometimes two, three, I'll have to be in my office to see my patients that I have operated in the hospital,probably that will be ... I mean in the office about three, four, hours a day from Monday through Friday. Atty; Thomas P. Carlos: Okay, let me ask you this, have you retained an architect to prepare plans for the remodeling of this property? Dr. Soler: He's here. I think he will be the one that should answer that question. Atty: Thomas P. Carlos: Okay, then I'll defer it to him, but you are also not only to be an occupant but you're going to be the owner of that particular property, is that correct? Dr. Soler: Yes I am. Atty: Thomas P. Carlos:Ok-That's all. Thank you very much Dr. Soler. I would also like to emphasize at this time, really the type of upgrading, not only in the use that Dr. Soler, but the esthetic upgrading that will occur in the preservation of the residential quality of this particular building. Of course, somebody else could come along and tear the building down and put up something a lot more commercial looking than a duplex which has been remodeled into a doctor's office so at this time 1 would like to call upon our architect,Mr. Menoz, briefly to explain the plan, the parking, the landscaping, and any question you might be of interest, you might want to ask him. Mr. Felix Menoz; I'm an architect, I have my office in Coral Gables, and I've been engaged by Pr. Soler to study the remodeling of the building in such a way as to convert it to a medical office building. We have provided as many parking spaces as the Zoning Department bas requested from us, We have provided already the landscaping with black olive trees and hedges and some ground cover that waSaseggeated by the Planning Department and I would say that the plans are underway and „T wonii. like to show them to 'one that wants to take a look at them and discuss any part of the drawings with them, I have a site plan in here which is the object of this hearing and 1 have started work in general in taking a look at the floor Plan. At this moment is only the site Plan that we're engaged in, Atty; Thomas P. Carlos; Again, making reference to the exising facilities on rth Avenue 1 thinX that iv will be rscP9higed that this ProPerty will be remodeled in keeping with-- those professional offices which are presently situated along 27th Avenue and T think that everyone who has seen them would agreed that they do maintain the resident= tal ivality of the •surrounding area and 44 OppeoPed to a allOWing a residential property 1 ;rR 221977 to deteriorate will certainly act as a buffet to the adjacent tesidential ttea and that the use ih ttaffid that might flow froM the doctor's office is not going to be anytore than that Which would cote from a multi,=dwellihq unit as a duplex, Ahd, certainly the limited hours that br, Soler ihtehds tO Maintain his office will tettaihly affOtd softie relief to a Mote active UtilitatiOn of the property. Ate there any questions that you Might have at this tittle while Mr. Men62 it at the podium or the dommissioners might have, /f ntind, I had ho further questions Or ttatetents ft6M Mr. Meh62. Father Gibson: Alrightsir, is that all/ Atty: Thomas P. Carlos: I just a statement to Make here in cohclUtion. I think we're at a crostrOaddlot the 2/th Avenue that we're the first, but with this particular piece of property where we can either preserve What some -One might think would be the status quo and the status quo 15 really never that, because the status cluo Means deteriorati6n, When economic deterioration or a detriment occurs to the owner there is going tO be physical deterioration. We have an opportunity with the proposed change to seize upon the change and preserve by this use, the surrounding area and maintain the quality of the services in that particular area. I would like to remind the Commission that the use permitted is within the existing zoning classification that the applicant is,asking for some variances which have been suggested and coordinated with the Planning Department in which we have accepted. We concur in conclusion in the recommendations of the staff and as for the approval of the variances,of course, hardship would result in this owner not being Able to use his property within the contemplated use within the zoning class- ification . I have no further statements to make. I reserve some time for rebuttal. If there are any questions of myself or any members that I represent I'd be more than happy to answer. Father Gibson: Those who are in opposition to itligrtillyponoUrNlright, there are four of you. Alright, go right on sir. Mr, Armando Pablit: I live at 2759 S.W. 13th Street. I have lived there for the last 17 years. I am only one of six families on that block that have lived there for at least 17 years. Now, we have maintained that block, that area as a very peaceful and family atmosphere and we hope to keep that as a residential area that it was cut out to be. Now, the present patient here was a very professional one and was very distorted, very distorting. As a matter of fact, one of the items mentioned there which is very import- ant is that the entrance to this re -use of a medical office will be strictly from the 27th Avenue side which is not correct. If you look at the prints that they have they're going to have four parking areas, two of those can only get to them by way of 13th Street, so therefore the prints are showing that they are going to have two entrances. One through the 27th Avenue side and one through the 13th Street side. Now, I'm not r_ opposed to progress. That was another distortion given here. In trying to compare this to the other businesses like the one right next to it which is an Insurance Company. NOW mind you that Insurance Company has five lots and has more than adequate space for their customers. Now, I'm not opposed to progress by no means, so long as it's warranted and so long as it meets the requirements, the laws abiding the renewal of this piece of property. They are not applied here in either one of these instances. First of all, it's not a warranted thing here, it's not justified because if we're so interested in having medical profession, a doctor on our corner there, we have adjacent, right across the street which was shown on the side a five -story building which has more than adequate office -space for doctors. If you go north one block to 12th Street on 27th Avenue you have a three-story building which has a lot of office space there also and you if you go a little further north to 8th Street you have a tall new 18-story building, the Royal Trust Bank Building there which has more than enough ... so we're not really concerned here as far as having a doctor in our area, because they have more than enough space. Now the other thing is they're asking for something here which they're not complying with the rules. They mentioned they have enough parking area, now according to the law for every 400 sq.ft, of building you have one parking. They've got more than 1600, somewhat more than 1600 sq.ft,, so really it comes down to 4.2 parking. Now, they can only come up with four, Now, the four that they can come up with, what are we going to have? Were going to have the doctor's.car, the nurse's car, and the receptionist car, where are the other cars going to go? They are going to go along 13th Street, which is where this building is really located. The length of the building is on 13th Street and the traffic that that's going to create and the parking problems that that's going to create that's what I'm opposing and that's what 31 of these ,,, we have 31 signatures there of All our neighbors who feel the sine way and they're right there in front of you. Now, the parking, my fetherlived with me for three years before he passed away and his daily exercisewas to walk this area. Now, we have many other old people there too and that's exactly what they do, if they are able to go biking they do so, and we can, But if you are goin t bring this thing into the neighborQ hood where it's going to bring on extra traffie y 9' Q not going to have this thing, The Sane thing with children,' We have a .COIUMbi4n4fUire two doors from my house, who has three children, they're on bikes constantl T 4411 see accidents occurring, The same thing with the parking, the patient h 74 C4n late for their 4octor's appointment, they're not going to bo looking :ow: Vrtihge;T:s a driveway or hot 4 They're going to be parking tight in front of your driveway, and going to create these probietts They're going to empty out their cigarettes and this kind of thihq. They're going to block your parking area for your own fathily and your oath friends and these ate the things I'm opposed to) The lot itself is Only SO ft, wide oh the 27th Avenue side# but they're givingthe impression that it's just like ahy ofie of these along 27th Avenue) glow, f'm the first he to agree that we have come along way oh 27th Avenue.tt's beautiful. the heW buildings,but they all filet the requirements and they all have Mere than adequate space at d it was litiiited to 27th .AvehUe, This building here is on l3th Street and don't let he one fool you that it's of 27th Avenue. And, how I'm asking the Coinnissiohers here to please see it our way. We only have six rentbers available here of the neighbors, but t`m sure if it had been in the evening there would have been more and especially the fact that we have many latih speaking persons and they felt they were, you know, they couldn't come up and speak their piece but they all firmly believe the same way. Ahd, I would appreciate your approval to deny this petition. Thank you very much. Mrs. Gorden3 Sir, are you on the south side or on the north side of the street? Mr. Pablit: No, I on the north side. The north side on 13th Street, Mrs. Gordon: And, looking at the map, the one closes to 27th or ohe of the other? ) Mr. Pablit: well, I'm about five homes frpm 27th Avenue on the 13th Street.(C Yes N it's 16... 16 and half of 17 and we have Mrs. Mc Kenley here who has the other half of 17 & 18. She's been in the neighborhood for 20 years. We have Mrs. Barnes, who is not on that map, by the way, she sent in her petition. She brought it in the night the meeting was held, but they said that she had to have mailed it. ..Mrs. Barnes has been in the neighbor` :ood for more than 20 years, is that right Lillian? Ok. 13 & 14 is also represented here. She's been in the neighborhood for more than 20 years. You see how close that it to that corner there. It's just going to be constant parking. It's ridiculous. I mean, it's only 50 feet on the 27th Avenue side. I mean, I don't know if it's purposely done or not, but it was brought up that the entrance to this doctor's office was going to be strictly on 27th Avenue. I'd like to bring up the Attorney and ask him if he just incorrectly made that or is he aware of the prints that I saw at the zoning office when I came to see the records. I believe they're here. Atty: Thomas P. Carlos: I believe that we can re -affirm that the physical entrance way to the building will be located on 27th Avenue. The plan that the Planning Depart- ment has asked us, of course, is to have some flow -through for the ingress and exit of cars there will be an exit entrance on 13th Street and one on 27th Avenue, but my comment was that the building itself will face in terms of the people coming and going into the building from be from the 27th Avenue side of the property. Pablit: Okay, now the entrance of people,not of automobiles, the entrance of people will be according to the new prints opened to the building from the 27th Avenue side, but if it is not correct it will also be some cars, because you indicated that cars will be coming in by way of the l3th Street side and going out the same way. Because there is no possible way we have, I saw the prints. You have four parking spaces available and to get the two of those you have to have exit and entrance by the 13th Street side so, would you please comment on that? Atty: Thomas P. Carlos: I think the plan depicts the ingress and egress as far as the cars are concerned. My comment was in terms of the building and the direction in which the building will be facing once it is remodeled. The entrance ways to the building on the 13th Street side will be closed. Mr. Pablit;' The entrance to the building on the l3th Street, but the entrance to the parking to get to the building will be opened on the 13th Street side, am I not correct? Atty; Thomas P. Carlos; As shown on the plan both from the 27th Avenue side. Mr. Pablit; Well, why don't we have Mr. Menoz, bring the plans, Mr. Reboso; Sir, let me ask you a question, Suppose they are not going to build the commercial building and they are going to remodel the eXisting duplex and they decide to put the parking on south west 13 th Street, the two par'ki.ng spaees of the duplex, they are allowed by law to do it, Mr. Pablit; Right, Okay, 141 address that Mr, Reboso, l'3n glad you brought that up because that was another point that was brought up 4nd it was incorrect. The tenants that Lived in those buildings, they were in the last meeting and they were told to move, both sides of that duplex and there were two.,, and ca, Mrs, .Ramos here who has been in the neighborhood for 17 years knew both those families ,and the rental of those properties was rented for 7 years one time and for 5 years another time, continuous there was no hardship on the owner to loe able to rent this property, $o, what Was indicated here was ridiculous, I tears, and rental, I don't know if it's appropriate to get into that but I understand that it was more than $225.00 the rental for each unit, it was close to $300.00, So, I mean these are things.... it's a beautiful presentation, I mean it's professional. But it's no where neat the truth. t'ow, we're trying to maintain our cities. We keep seeing these docuthentaries on television. How the cities are being decaded and whatnot. If you continue to put these pressures on the residents who try to maintain these things well they're going to keep going to the suburbs and thats exactly what we're doing here. Now, I'M not opposed to progress. Those buildings along 27th Avenue are beautiful and we've come along way in that sense but they met the requirements and they're all within the 27th Avenue side and it's not bringing hardship on the residents which are directly to .. that's what I'm bringing up. t think Mrs. Barnes has something to say. Thank you Very much, Mr-. Reboso, I saW you on television this morning, was that taped or - Mr. Reboso: No it was live. Mr. Pablit: It was live, oh. Mr. Reboso: I just came back. Pablit: Very nice, sir. Very good debate. Mrs. Lillian Barnes:- I live at 2731 S.W. 13th Street. I have lots number 13 and 14 and they're not in red because 1 didn't send in my letter on time. My neighbor across the street who owns lot 8 and half of 7, he's working and couldn't come. At the last meeting and he spoke up against it also. As a matter of fact, the party that owns number 14 is in Texas and he wouldn't approve of it either, but at any rate if you go by the map and all those that are red you'd find that 90Lof them or 95% are against the idea of having a doctor's office on the corner. For the simple reason that when they put that five -story building at the corner of 13th Street on the other side of it, that's the north side, it's a five -story building and they don't have sufficient parking right now. In front of my house, which is only two doors from that five -story building, I've had people come to park and stay for hours and dump all their garbage from their cars while they're waiting for the people who are visiting the building. have rut holes in front of my property that use to be beautiful grass. I had to invest $600.00 in a fence to put around my property to keep them from coming on my lawn and making U-turns and parking all over the place and making it--- not only that, when I go out in the morning I can't see whets coming from the north of 27th Avenue. I've almost gotten killed ten times and I've been in one accident that caused me already $3,000 and I've been driving a car for 25 or 30 years, a good driver and I had a accident trying to get on to the lane of traffic that goes north. Even if I want to go south. I can't see on 27th Avenue. We've got cars up and down place no matter where you look and now they come along and they want to make another doctor's office. The rumor is ~* that they're going to make a doctor's officeand then buy the duplex behind them and they're going to enlarge the place and have some more car parking so they're making a big commercial deal out of this corner of 13th Street and 27th Avenue where you can't get out onto the road. It's terrible there now and we' re being assess on our properties like we were living in a beautiful R-1 neighborhood. My properties being assessed for $46,000 and I'm paying over $1,000 taxes and it's nothing but an old dump if you really want to know the truth. It's an old house 40 years old. It doesn't have enough closet space. It doesn't have nothing and I'm paying high taxes, as if I'm living in an R-1 beautiful neighborhood. Now, if I'm going to pay for a high class neighborhood`I don't want cars parking in front of my house. And, you talk about a doctor's office doesn't have, many cars parked there. He's only going to work from 3:00 to 4 or 5, who is he kidding? If he's going to have a big expensive building like that he's going to have to work harder, and he's going to be opened there more than two hours a day, don't let anybody tell you differently. And, then when he's opened more than two or three hours a day he's going to have ten cubbyholes in his office, ten customers, ten cars outside every hour on the hour. And, our neighborhood is going to be like a slum area before you know it, Now, we're proud of where we live. We've been taking good care of the place, We like it. I've been there 27 years since 1951, is that 27 years, (I can't count I'm nervous), But, I' .l tell you one thing I'm getting disgusted with the way things are going in this town, You talk about empathy why people don't go out and vote. Why should they go out and vote? The majority of the people will tell you they don't want a thing and we got to take it whether we want it or not and that's what's happening here, We don't want it. They're violating the law. They don't have the amount of square feet they need for whatever it is they want to do, It was denied by the Zoning Board or whoever that board was that we went to see last,We dhn't want it, They don't meet the requirements and I have that much to say. Now, this man is trying to tell you that, that place has not been rented regularly, who is he kidding? I've been living there since that building was up, since they put that building up. They have never had a vacancy in that building, The only reason why it's vacant now is because the poor people that was living there was told to move, because that's what they're going to do, They are going to put a doctor's office in there. So,In other words, we don't have nothing t4-. y .a out that, Alright, I hope that you ladies and gentlemen 't he fooled by this business, I know prQ'3rQss has to go on but they have 4 very ill to there FEB 231g774' and if they're going tb have patkihq for four cars they're going to hake it look just terrible, believe Me y0u, They really ate, Because there isn't enough fOt beautifihu cation and if they're going to park, I don't know just hnt it's going to be gone frankly, Aecauae the way it is fight nova it's a Very i fnn' 1 Vacant npace, very, very yit►cril, thet-cOs hardly enough trim there for the row plants they hi1Vt , And, t can juet see it with the cars, t quest that's about all t had to say, t think 2'vn eovcted everything, Thank you for listening, Father Gibson: Alright, anybody else? HOW tarty thinute9 Mr. Ongie: The objectors took 20 Minutes., Rev, Gibson, Attyt ?hotnas P. Carlos: I can't rebut tumor and it's very hard for the as a person who has tried to present the factsas I best know them to rebut emotion. I can under stand emotion from residential owners. I cannot conclude in their conclusion oh the on hand they make argument of all the nice things that have occurred on 27th Avenue, beautiful buildings and Royal Biscayne or Royal Trust Bank and the five -story office building and the apartment complexes and somebody comes along which is to perserve an existing building and upgrade its use. I can sit here and rebut that we did not evict anybody. I can sit here and rebut and argue that a duplex with two families in it and the number of cars the family has today will produce as -many'cars as this doctor's office will have, I can continue to point out that this property is not any different than any other property on 27th Avenue. As the zon.na classification guide shows the depth of this property is equivalent to the depths of all the other properties along 27th Avenue, They indicated also the Insurance Company had adequate space, five lots much larger building, much larger operation. I would also like to point out that we have met with iiiPlanning Department. The arm of this government which sits down and review traffic )atterns, the adjacent areas, the needs of that particular area, and we have worked diligently with them to provide the type of facilities that are called for to provide this particular use. A good citizen and a good neighbor can't really be asked to do more. The parking places, we are legal on the parking places, we have met the require- ments. To deny our petition on the basis that we don't have adequate parking -- to deny our petition and demand from us more than what is being called upon other citizens in this community to provide in terms of the maintenance of certair uses within certain zoning classifications. We' d like to be able to accommodate the neighbors and have a grand parking lot, but I can also see we'd also infer immediately by a grand parking lot that we really are going to have a great deal more use than we actually intend. We do not intend to have ten patients, nor cubicles, the doctor practice is not one of general practice. He's an Orthopedic Surgeon. His practice is maintained in the hospital and the only reasons for his maintaining an office place to maintain his records, and to consult with his patients from time to time. Other than that, again as I say, I have a hard time other than the argument I made in chief to the Commission in rebutting emotion, and I think that Doctor Soler and the owner of this particular property can •tate equally that they intend to be good neighbors to these people and that their Intended use will not act in the detrimental fashion that the lady spoke about maybe in this five -story office building. We're not a five -story office building. We're a small...medical professional medical office. Mr. Pablit: You're going to be worst. Because you only have four parking, the others has... Atty; Thomas P. Carlos: I am through, and I do appreciate the Commission's time in giving us to fully present the matter. Father Gibson: I'd say you have at the most five minutes, Mr. Pablit: Well, I just want to bring up again, that if I'm able to bring the tenants that lived those two units to the Commission here,that they were told to move will that take back your remark about me bringing up something which is not correct? Mr. Plummer; It's immaterial about the tenants, Mr. Pablit; Alright, alright, the thing that is materiaal here is that it's only 50 feet on 27th Avenue, Mr, Plummer; That's material. M.r, Pablit; And, it's okay, And the length of the lot which is 100 ft is on the 13th Street side and the main thing is the entrance by the automobiles to the parking and it going to be by way of 13th Street as well as 27th Avenue and that's the jest of this thing, and he's always abated it, He keeps telling about the pedestrian walking in through 27th Avenue and you always seem to evade it and with these beautiful slides, He's comparing himself to these buildings which have five, six lots, the one across the street, which is an insurance place, also which has the whole entire block and half Qf their lot i$ vacant parking, that's the kind of buildings l admire on 27th avenue not these little 50 feet thihgs, That's the kihd Of thing TIffi adiring as far as Miati has cote a long Way on 27th AVehue. The fact that thee Well put together buildings, busihetses, dOtter'S OffideA, bahks and this kind of thin q because they have the adequate parking area, T adfflite that. BUt not this little 50 ft, thing here and try to get four cart and then 10, 15, other oars patking WhereVet they cah it's ridiculous you'te just bringing hardship on Our ri4htS, nedauSe theid are our right§, WO are not asking for nothing more than our right and that it the Meriden Way, the Detocratic Way, that's all We Want ao as far as I'm asking the Commissioh here to please look at it that way and t'd appreciate your favorable Vote, thank you very much, Father Gibson: Mr, baVit, tihde you are oUt represehtative these questions have been raiSed, tell us where that building will be opened, tell you whether Ot not you have the parking based tin the reqUirdtent of the City, Ok? Mr, Davit: Yes tit. The plans that are in the file shoW access for their parking Oh 27th Avenue and llth Street, There are our parking plates shown ih the plahs whichit the Building Department's requirement for this structure ih tut toning code. It does meet the requirements in the Zoning code. Father Gibson: Alright the other thing is where is it opened? Mrs. Gordon: I just asked if there was a plot plah we can look at showing the parking. Mr. Davis: Yes right here. Father Gibson: What about the opening of the entrance? The entrance for the proposed building. Sir, counsel it says that the entrance does not show. Will you and your clients certify? Atty: Thomas P. Carlos: We have no objections to certifying that the physical entrance to the building will be on 27th Avenue. Mr. Pablit: Excuse me, he keeps saying physical entrance to the building, but he doesn't say the physical entrance to the parking area, would you please comment on that? Atty: Thomas P. Carlos: The question that Was asked to me on what side would the build- ing entrance be and that was the question-- (BACKGROUND COMMENTS).... Father Gibson: Just a minute, please, please, please, let their be order in the house, asLi in the court, mr. Davis you are the authority for intended purposes, please explain to us. You have explained,I think,about the parking requirements, they meet the code, Mr. Davis: Yes sir. Father Gibson: Alright, now tell us about the entering of the building. Mr. Davis: We have nothing on file to show the entrance of the building. We have a plot plan on file which shows the parking but does not show the entrance of the structure. Mr. Plummer: Mr. Davis is this a variance? Mr. Davis: No sir. Not for the entrance. The variance is for the lot size and the lot area and setback. Mr. Plummer: Is this a variance? Mr. Davis: Yes sir, Mr. Plummer: Under a variance we can stipulate anything we want, right, Mr. Davis: Yes sir. Mr. Plummer; Thank you. Atty; Thomas P, Carlos; which shows the entrance to the building and I don't want to try to keep saying, because I'm asked where is the entrance to the building, and we are willing to stipulate and condition the use upon this Father Gibson; Where is that architect? M. Architect, come up to that mike so that later ph, you know, are you telling us Mr, Architect, you beard what VW, Plummer said, sir T think you need to understand what's happening, This is a variance, A variance means "we" the Commission can stipulate that, that entrance must be on 7t,11 Avenue, YOU understand'? Now, entrance to the building, sir, you better talk to your client other wise yo4 know Mti relit Mehoz: Sit, the ehtrance to the building has been indicated in the drawings fronting 27th Avenue, it has been indicated that way and it is in the plans that ways Mr, Pablit And, what about the entrance to the parking? Mr Fehr Menoz: The entrance ti the parking, let The say that again, the parking has two entrances. it'd shown in the drawings, We haVe access on 13th and oh 27th Avenue, Mr, Pablit: I keep bringing it up because the attorney brought it up at the beginning of his opening statement that it was strictly on 27th Avenue which is incorrect, and that's why I keep bringing it up because it's trery important. We're the residents on 13th Street and that's why it's important to us. I don't want to keep nagging on thing but it's Very if►portant. Mr. Plummer: Sir, if it's so important to you if we say that they can't have it that you agree with this application.' Mr. Pablit: Well, I'mn just... first of all the zoning board did rule it down 5-2. Mrs Plummer: y ou sir, are them you can important to Mr. Plummer: Sir, a simple question deserves a simple answer. My question again to you so concerned about this one point that if this Commission said to do what you want but you can't have an entrance on 13th Street, is it so you that you would be in favor of this application? Yes, if they ... The answer is yes. Mr. Pablit: Yes, if they cut off the ...well not entirely really, but I'll go along with that. If they cut off the entrance on the 13th Street side the answer l would suppose would have to be yes. Because they could strictly keep their business on the 27th Avenue side. Mr. Davis: May I point out though Mr. Commissioner that due to the small size of the lot it would be impossible to pit the required number of parking spaces on without an entrance on 13th Street. Mr. Plummer: I understand we're talking about entrances to the building. Mr. Davis: He was talking about entrances to the parking lot. Gordon: No. I don't think so. (Mr. Plummer, there's no way!) Father Gibson: Alright what shall we do? Mrs. Gordon: Which was it, entrance to the building or entrance to the parking lot that you were saying was not objective... Mr. Pablit: What I'm saying is if they cut off the entrance to the parking lot from the 13th Street side then I would agree to it but then of course it would limit it only to two parking which then of course wouldn't meet the requirements. It's a very important thing about this... Mrs. Gordon: No, I looked at the plot plan and correct me if I'm wrong from the depart- ment. I saw two parking spaces on 13th Street and I saw two parking spaces on 27th Avenue and I saw an entrance into the building on 13th Street and I was questioning the objector whether he was objecting to the entrance to the building and that what Mr. Plummer was trying to find out whether he was objecting to the building as to.., Mr. Pablit: No, I'm sorry. I'm not objecting to the entrance to the building on the 13th Street side. I'm objecting to the parking by way of 13th Street, Mrs. Gordon; You know there are two parking spaces that's all,.. Mr, Pablit; On 13th Street side, Mrs, Gordon; That's right, Is that correct? Mr. Pablit; Yes. 1'tn objecting to that, Mr, Plummer; 4r, Pauis where is the parking presently? Mr, Pavis; Of the existing building? 7 FEB 1977 Mr. PIuMMeri Yea. Mr. Davis: I'm tbt sute that Iknow 'll look on the sutvey and see if 2 can detetMirte it. Attyi Tho as P--. Carlos: There is no existing parking, It's in the 13th Street area, It is worst hOW than it will be Under the designplan. Mr. Plummer: ft would be on the 13th street Side how. Mr, Davis: The existing parking on the survey shows there ate two sets Of ribbons, concrete ribbons oh the i3th street side. Mr. Plumper' Okay, so that's where it presently is. Mrs. Gordon: Therefore there will not be an increase in nwnber of vehicles on 13th Street, is that correct? Mr. Davis: That is correct. Atty: Thomas P. Carlos: May I point out to Commissioner Gordon that the entrance on the plan for the building is on 27th Avenue, not on lath Street as you may have noticed. We are closing the two entrances on 13th Street and there will be a new entrance on 27th Avenue. Mrs. Gordon: You mean there won't be any rear exits at all. There must be a rear exit somewhere, where is it? Atty: Thomas P. Carlos: I can defer to the architect who is explaining now. But the main entrance coming and going for the patients will be 27th Avenue. Mrs. Gordon: I understand, but I still, since you brought the point up that you're close up those entrances on l3th Street, where is your rear exit, you've got to have some way to get out.. Atty: Thomas P. Carlos: Yeah, there may be other exits in case of emergency or some- thing which already exist but the .. Mrs. Gordon: Well, point that one out and let me know. Atty: Thomas P. Carlos: Mr. Menoz, can you tell us if we close the 13th Street exits for entry way and open the 27th Avenue entrance will there be any other entrances to that building? Mrs. Gordon: Where is your emergency exit, rear exit there has to be some place? Mr. Menoz: From my point of view we are providing an entry and egress from parking lot. Now, we are not allowed to backup either on 13th... Atty: Thomas P. Carlos: Mr. Menoz she's asking about the building. She's asking about the building. If you close the building entrances on l3th Street and open an entrance on 27th Avenue will there be any other egress and ingress from the building, from the building not the parking lot? Mr. Menoz: I have to have an exit outside, Mrs. Gordon I know you do, that's why I ask where is it? Mr. Menoz: Well, ma'am the floor plan of the building hasn't been studied yet, but we can come out in the back toward the alley as an exit, Atty: Thomas P. Carlos: They would be emergency purposes., Mr, Menoz; For emergency purposes, yes. Mrs, Gordon Where is the alley, on the easterly sale, westerly side of the building, where is the alley? Mr, Menoz: The westerly Side. There LP an alley over there, Mrs. Gordon: You're going to have a rear emergency exit there, Mr, Menoz: Yes Ma' c4i M, i s, Gordon: Alright, now you answered the gueetion, May, is FEB 2 977 Attyt Mottos P. Catlos: We have nothing further. Father Gibson: The gentlemen, t saw you nodding your head saying that with that understanding you were willing te) go along. Well if the exit is on the west side then 4646n" (still debating the iasue3;� Alright, where do we go What's the With of the Commit§ion. Mr. PluMMer Mow about make a tfiotiony that's the usual procedure. Father Gibson: Alright, (Mrs, Gordon, are you making a motion?)(COMMENTS.,,.) Mr. Plum>rer: As far as I th Concerned, Mr. Vice.Mayory I'll be glad to make a motion it's not going to take either side happy, but let the give my view first, 27th Avenue is a commercial avenue, there is he ifs, ands and buts about it. This property that is presently under consideration is professional office type of property, There is no way in my estimation that this man is going to use it for a residential use. It is not its highest and best use. The courts has upheld each and every time that a property shall be utilized to its highest and best use. If this property is not to be utilized by this doctor of this office building, it's going to be utilized by someone else for professional office building, there's no question in my mind, because that is on that avenue the highest and best use. I can appreciate the concern of the residents who have enjoyed having a duplex there rather than a professional office building. I am told by my experts t by my professionals that this is a site which should be approved for this type with the built-in situation of landscaping. It meets adequate parking. Unfortunate- ly, I cannot see any other way that you can utilize the parking on the 13th Street side Wwithout ingress and egress on the 13th Street side. Based upon the fact that it has been approved by this so-called experts I feel that this item should be moved with the following stipulations. (1). There be no ingress or egress to the building on the south or the 13th Street side. (2). That the primary ingress and egress to this building be only from the 27th Avenue exposure. Amen. Mrs. Gordon: Alright, it's summed very well I believe Commissioner Plummer and with the understanding that there has to be a second entrance somewhere for emergency purposes that it not be on 13th Street according to your motion, is that correct Mr. Plummer? Mr. Plummer: I understand that I am to be corrected and that is to be on the north side of the building, that is correct, the 13th Street side, there shall be no ingress and egress to the building. Mrs. Gordon: Okay, but you make no prohobition from an emergency exit to the rear or the other side or some other place, because there must be a second opening. I second your motion. 4tr. Plummer: I'm well aware of that fact that they must have by fire regulations another ingress and egress and it could either be in the rear or on the south side of the building. Mrs. Gordon: Then, I second your motion. Again to the objectors with all things being considered I believe that it will improve the neighborhood, because it will become a better place to look at from your point of view and because there are only two parking places on 13th, which is not more than it has now and because the doctors type of oper- ation in my opinion would be less objectionable than a dozen people who might be residing in the property and coming and going at odd hours of day and night. I therefore second the motion. NOTE: Mayor Ferre entered the meeting at 3:30 P.M, Mr. Plummer: Let me put into the record and so that the owners will have no misunder- standing, To the owners, you understand that if you violate these stipulations which have been put forth by this Commission that automatically your use of this property is revoked. I want that understood. That if you violate the terms and conditions put into this variance to grant the minute you violate them your property rights are revoked. I want thatkindly understood. Father Gibson; Counsel , you better tell your client what he's saying now, Make sure he understands it though, $ecause that's like the priest isn't always around when he wants to sin, So you better tell him, Mr, Plummer; Well, let's do better than that doctor on the record you stipulate that you do or you do not understand, Doctor Soler; I do understand, Mr, Plummer; Okay, Father Gibson; A/right, call the roll, Mt. Ktzox: Ekcuse one, Mr, Vice=Mayor I think that you voted oh the motion, Now, the resolution does not reflect what's on the motion, We can draft a resolution and have it ready for totttorrow's Meeting or whate'Ver the will of the Cofitission is, Father Gibsdht Alright sir, you draft it and have it ready we'd be very grateful, The followihq reeolutioh Was itttroduoed by ComMisaiohet Plummet., who teived its adoption: RESOLUTION N0. 77.145 A RESOLUTION GRANTING VARIANCE FROM ORDINANCE 6871, ARTICLE XI, SECTION 2(1), 3(2) (a) AND (3) (a), AND ARTICLE XXIII, SECTION 3 (3) (b) 1, TO PERMIT RED MODELING OF EXISTING BUILbING ON LOTS 11 AND 12, $LOCK 3 McALLISTER TERRACE AND (14-49), ttING 2700- 10 S.W. 13T8 STREET, AS PER PLANS ON FILE, ON A LOT 50' WIDE (60' REQUIRED), AND 5000 SQ.FT. IN AREA (6000 SQ.FT, REQUIRED), WITH A 6.65' SIDE YARD (9' REQUIRED), AND 11' REAR YARD (20' REQUIRED), PROVIDING A 2' LANDSCAPED STRIP (5'REQUtRED), WITH A 2.5' HIGH ORNAMENTAL WALL TO THE SOUTH OF THE S.W. 27TH AVENUE ENTRANCE, PROVIDED, HOWEVER, THAT THERE SHALL BE NO INGRESS TO OR ENGRESS FROM THE BUILDING ON THE S.W. 13TH STREET SIDE AND THAT THE PRINCIPAL INGRESS AND EGRESS SHALL BE FROM THE S.W. 27TH AVENUE SIDE, ZONED 1-C (RESIDENTIAL OFFICE), (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following votes AYES: Commissioner Plummer, Commissioner Reboso, Commissioner Gordon and Vine -Mayor Gibson. NOES: None. ABSENT: Mayor Ferre. 11, SECORD READING ORDINANCE: AMEND ARTICLES II, IVL XIV AND XVI DEFINING ADULT BOOK STORES, MASSAGE PARLORS, ADULT MOTION PICTURE THEATRES AND PRIVATE DANCING PERMITTING `WEIR OPERA- TION IN CERTAIN DISTRICTS Mayor Ferre: Alright, thank you very much Father, and I apologize ladies and gentlemen for a long delay which was unexpected and inadvertent. Mr. Davis: We've back on item #3 Mr. Mayor. Mayor Ferre: We're now on item #3? Mr. Davis: Well, this is one that was missed because of your absence. Mayor Ferre: Alright,we will now take up item #3. Mr. Davis: This is a presentation by the Planning Department Second Reading sir. Mr. Plummer: My understanding that this matter was only sent back at Mrs. Gordon's request for better terminology, am I correct? Mrs, Gordon; It was just passed on a first reading J,f,, with my negative vote, Mr, Plummer; But you made comment at that time Rose that you would have voted for it except that you did not like the terminology, Mrs, Gordon; I just did not approve of the wording and has since received a copy from somewhere else which is even more descriptive and that's not going to make me like this one any better, but you're here for a second reading, Mayor Fevre; Alright are there any motions, It was moved by Reboso the last time, you want to move it again, Commissioner Rehoao moves and it was seconded by Plummer, You want to second it Mr. Plummer? Mr, Plummer; We11., I tell you n Mayor Werra; Ts there a second? I don't. FEB 2 3 1977 Mr, Flutffiert. I Make a Motion at this tittle to defer, Mayor ?etre too, yeti cait't do that because there is a Motion on the floor at this time: Well, wait a to ;eht ` techhically, , , does that superseded there's a Motion oh the floor Oh second reading.,. Mr, Pltifili ie 1 withdraw Until you get a second, Mayor Ferret This is the adult bookstore, , . Well, I'll secohd it, rather, V' ll pass it onto you for the purposes of discussioi'1, Mr. Plummer 1 i-noVe to defer. Mrs. Gordon: bo you want to defer for any particular reason Mr. PluiMer? Mr. Plummer: Yea, until they find terminology that's acceptable to you, Mrs. Gordon: Okay, J.L. I'll secohd your Motion, Mr. Plummer: Hey, I told them before to get with Mrs. Gordon and get something that was acceptable to het. Mrs. Gordon: There ain't no way they can describe what they're trying to describe... Father Gibson Alright what are we going to do? MIli Gordon You got a motion and a second. Mayor Ferre: Alright, could we speak on that? Father Gibson: Yes. Mr. Plummer: Sure. Mayor Ferre: Look,, we can't get away from the basic fact that these pornographic shops create problems for this community. They just do, they're available, people are curious. Children get a hold of these things, now, I'm not saying that we're going to stop crimes or we're going to stop problems because we're going to do something like this. I think it shows that we got to combat it, you know, it's got to begin somewhere and we've got to draw the line somewhere. And, I know that the argument goes, well prohibition didn't stop anybody from drinking and anybody who wants to get drugs today can get drugs, I know that. But, I think as women and men of good will and this is a country that does follow as Judeo- christian tradition, that doesn't mean that atheist can't exist here, sure there's a s'ation of church and state, but I think we've got a moral obligation. And, I really thi„x that we've got to stand-up for these things. Now, I know that the language used in describing these prono shops and adult book stores and massage parlors and adult motion pictures and private dancing places. I recognize that perhaps the language is stronger than any of us would like, but it's not the City Attorney's fault, and it's not my fault. It happens to be a ruling of the Supreme Court of the United States of America that you've got to do it that way. Now, I ask you which is better for us to do nothing or for us to do something even though the description is not palatable to us? Now, if we're against it because we feel that we believe in a libertarian society where everything is just open-end and everybody decides his own moral value, fine, then let's say so and vote accordingly. But if that's not the case I think that the technicality of language with all due respects to my colleagues and especially to J.L. Plummer, with all due respects to him. I just think that's a lot of bulk. And, either you stand-up or you don't and that's the end of it and therefore I strongly recommend that we .,. I think that your reason Mr. Plummer is completely unacceptable in my personal opinion and I apologize to*you for making me put it that strongly and I think w e ought to turn down this motion to defer and stand-up on this issue. And, therefore I'm going to vote against this motion. Father Gibson: Alright, call the roll, The following motion to defer the second reading of the proposed ordinance was introduced by Commissioner Plummer and seconded by Commissioner Gordon failed by the following vote: AYES: Commissioner Plummer and Commissioner Gordon, NoEs; Commissioner Reboso, Mayor Ferre, and Vice -Mayor Gibson, ABSENT: None, FEB1977 Mayor Ferret If I'm not tistaken then the motion is Mt, oit: City Attotney read the ordinance into the record. 0t4 kOtt CALL: so i call the question, Mrs, Gordon: I Vote ho oh the notion With the explanation that the intent is hot what I"m voting against. I'm voting against the descriptive terTinology of the Ordinance as bbo einc pornographic as any of the material in the businesses that they're trying t Mr, Plummer: Mr. Knox, do you indicate for the record sir that to the best of your ability that this is the best language that you calk code up with to accomplish what needs to be done. Mr, Knox: Yes sir, and I might indicate for the record also that I did snake an effort by contacting the National Institute of Municipal Law Officers to find Ordinances from other municipalities whose language may have been somewhat different and I was unsuccess- ful in doing so, Mr. Plutntner: I also ask you sir that at the last Meeting I asked you to come back and to indicate to this Commission what you had found out since this is I understand the Detroit Law, how this is working in Detroit and any other similar cities where it might exist. Do you have any report on that sir? Mr. Knox: No sir. It was my impression that planting was to investigate that. Mr. Posmoen: There was materials contained in your agenda package. Mr. Plummer: Tell me what it says for the record. Mr. Fosmoen: It says basically that the Detroit Ordinances is working quite effectively. Mr. Plummer: It is working? Mr. Fosmoen: It is working. I vote yes. Mr. Plummer: AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BYAMENDINGARTICLE II, DEFINITIONS, BY DELETING EXISTING SUBSECTION (1-A) ADULT BOOK STORE FROM SECTION 2 THEREOF, AND BY ADDING SUB -SECTIONS (1-A) THROUGH (1-£) TO SEC- TION 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 ART- ICLE 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 CONTAIN- ING A SEVERABILITY PROVISION. Passed on its first reading by title at the meeting of January 26th was taken up for its second and final reading by title and adoption, On Motion of Commissioner Reboso , seconded by Mayor M. Fevre, the ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote; AYES; Commissioner Mano3.o Reboso Mayor Maurice A. Fevre Commissioner J. I., Plummer, Jr, Vice -Mayor Theodore R. Gibson NOES; Commissioner RQee Gordon THE ORDINANCE WAS DESIGNATED ORDINANCE NO, 863.8, 7tc city Attorney read the 'P 'dinanoe into the public record and announced that copies were available to the members of the city Commission alla to the public, 22 FEB 2 3 1977. 12. JEFERRAL 0f REQUEST FOR CHANGE OF =NINO OLAESIFICATIoN ON PROPERTY LOOATED AT 2121) 212a, 2147 AND 2151 N.W. 23 STREET FROM R-3 Mt bob bavist This is a petition for a change of toning by the NOrthWeStern Meat Inc, for the property located at 2121, etc, 23rd Street from i3 to C.,5 as thOW11 oh the tap of the Wall. This application Was recottended for dehial by the Zeshing board. Mayor Ferre: Okay) it was recotmended by denial the Plahnihg bepartteht recotMehded denial, There are four Objectors. Are there any objectors present on item' # 5 at all preteht2 Alright, Judge. Mr, Carlos B. Vernandet: We have officet at 700 S,W. 22nd AVente and / represeht the owner of the petitioner apolicaht, the outset / would like for the Mayor and the Commission to allow me to diVert a statetent to the fact that I think it will be proper and correct for he at this time to congratulate Commissioner Reboso for statements made this morning on national television on the program ABC 'Good Morning America and I wish to congratulate Mr. Reboso on those statements made by you this morning. Mr. Mayor, I would like to state for the record that there was no objector either preseht at the hearing before the Zoning Board. Now, I would like also to point that all that red there that's property that's belongs to the County of Dade, City of Miami, which is HUD and the ... Mayor Ferre: Now, wait a minute Judge, you mean all the property.. Mr. Fernandez: The red,. Mayor Ferre: To the right, but that doesn't mean the little red down in the bottom. Mr. Fernandez: That's correct. Mayor Ferre: But the other one is not part of the County. Mr. Fernandez: That's correct. What I meant is HUD, the one there which is one of the objectors. Mayor Ferre: Is anybody here representing, is Little HUD, this is the County, isn't it? Mr. Fernandez: I think so. Yes, the County. There is some housing there and they do have offices there too, which somehow violates the R-3 zoning. Father Gibson: Mr. Mayor, maybe I better say to everybody I'm Vice -Chairman of the HUD Board, so that might automatically exclude me. Mayor Ferre: As I recall the ruling on that and would you rule on that.... Mr. Knox: Once again Vice -Mayor Gibson, if in your opinion your objective judgment about this matter will be impared by virtue of your involvement with the HUD Board then you may abstain and not participate. Mr. Davis: For the record I may state that the mail return which we received from HUD stated this does not conform to the Master Plan as an objection. Mr, Fernandez: Which is incorrrect also Mr. Mayor. Mayor Ferre: Well, but if I recall Father, the conflict of interest laws are whether or not in your mind by voting for this there would be a gain, doesn't it --- Mr. Knox: It's tied to gain or interest. Now interest can be defined as beyond something monetarYand once again if whatever his interest is, is such that it would impair his opjective judgment regarding this matter thenhe may wish to abstain, Mx, Fernandez; May I, I think that the only objection, HUD doesn't have any objection whatsoever to the change per sd in the physical circumstances of the property in question, what I think HUD objects to is they said in their letter that it goes contrary the Master Plan and it said Miami Master Plan which I am informed there is no such master plan on this area, So that actually ie an error on the part of the offioer from HUD which wrote letter, ; guess he zefers to the Dade County Master Plan, Now, would li)ce to point out that all of the property located on one side of 23rd Street is conmercial, It's 411 full pf packing hoes, wholesale distributors., it goes all the way to Wth Avenue on one fide because the railroad's furteher, This iS the on].y r4i1- road spur where this tie 4* gOhing adjacent tO, 1ts TICItii-Xe the situation we have over 23 FEB 2 3 1977 here near Brickell where it's residential, even though you have railroaa tracks ther Mrs, Gordon: Where is the railroad tracks on there? Mr. Fernandez: Right there where the black thick line. Now the applicant owns the property in blue Next to the railroad track Which is located immediately and directly across the street froth the four lots that he wishes to re,,cone, Mrs. Gordon: what do he Want to put on there? Mr. Fernandez: He wants to put the same thing he's got on the other side, which is I would like for the Commissioners to have a picture, this is a storage for meats. Now, on the other side which is the residential Zoning, I would like to point out that this is a residential zoning for only eight blocks, that on the other side of the property in red and I'm talking about the other side of the street where it's R-3 or R-4 it goes to27th Avenue and immediately upon getting to 27th Avenue you have C-5 on that particular side. This is only seven blocks away front where we are. Now going east to l7th Avenue immediately it goes into C-4I' actually I would say that this is perhaps many years ago the city should have had a buffer zone over here but it is an area where the residential value of that area has gone down. And not exactly because of the C-5 commercial establishments where they belong,but because of other things. Now, this is I would say about ten to twelve blocks from l7th Avenue to 27th Avenue in which out of the ten blocks I would say three are right now zoned C-5 and 0-4 both from one side of 17th Avenue. You cannot see it there but on this map that I have over here you may. What the applicant has in mind is the same facility that he has now to double it, in other words, to install the same facility across the street. Now next to the applicant at this time Food Fair has a wholesale distributor, a packer, I would say, which occupies the whole block there next to the railroad and they have joined the applicant in one lot because Food Fair owns a parking lot that uses a vacant lot there as a parking lot which all of the employees of the Food Fair and the applicant uses parking. The intended use of that lot is to remain as a parking lot as it is right now which,actually,then there is no other different in the use thereof. Now on the other three lots they will have the same facility they have now which is a insulated meat storage facility. I would like to say that the usual complaints about a commercial installation could not be evident here. Number one, a complaint would be increase in traffic. Being a wholesale distributor in having the same facility across the street it would not result in increase in traffic because this is not a retail business where people would come. The same traffic that you have there now and I would like to pass this picture showing the trucks that are there now, There will be no increase in traffic from the public. What it would do is that the applicant would still be using the same vehicles that they use now and there is nobody who can complain about that because that is effective now, not only on the part of the applicant across the street but all over 23rd Street. The other complaintwould be as to parking, acutally what the applicant would do would be increase in parking and that's one of the reasons that there are no objectors because all of the neighbors understand that in doing this the applicant would provide parking off-street and which would permit some of the people who live around the street to have more parking for their own. So I would say other complaints that would evident against this type, any type of commercial establishment would be noise. Well, the only noise you have there now is the noise from delivery trucks which you have anyway but not from this plant. Because this is an insulated type of building that requires special type of installation. The other complaint would be the smell or odor and under this C-5 the applicant would not be permitted any process of any food so therefore there would no complaint as to this particular type of thing that most of the people would complain about. I think that the applicant has shown that this is a logical move and a logical use for the property. Mayor Ferret Alright. Does the Administration wish to answer? Mr. Fosmoen; We have a couple of comments. First of all, z think that the Commission should remember that the basic issue involved in re -zoning is not the applicant,,hut rather whether or not the zoning is proper, The C-5 district would permit a number of uses in addition to this proposed warehousing operation, All of the .commercial uses allowed in the zoning ordinance pyramid into C-5•So while the applicant may have very good intentions tomorrow1 his situation may chaz,ge but we have a piece of property zoned C-5 which permits a number of uses. Secondly, if the Commission considers this re -zoning then I think that we need to look all up and down that street because in our opinion this would constitute a spot zone in the middle of a residential area, Thirdly, I'd like to show the Commission a snap of the presently zoned C=5 area indicating properties that are either vacant or under utilized for commercial use, Commercial use of this type. Now, we are not faced with this situation here where there is no al ernataus The alternative may not be directly across the street but here are sze'tainl' a number of prop erties within the immediate vicinity that are either under utilized for commercial purposes or vacant at the present time, Mrs, C7?rdon 1 have a question, what i-s locates ton the Large tra* And to the Oast that is in red, What is that 1s that, that pudic housing that was put up for about 24 rya 231977� two or thtee yeats ago bt four yeats ago/ Mr, bavist YeSi there are 78 units there. Mrs, dordont Aelatively taoehtly, Mr, baViat et, bolex uhitj /8 uhitt total, Mr, Pethandatt The entrance is not Oh 23rd Street. Mrs, ObrdOnt No, but it/s on that blOck that's colored in red, is that correct? Mr, VositOent Yes, (MtSi GOtdoh I see.) Mayor Ferret The area that's colored in red is all Mr. Fostnoen Yea, Mayor Ferret And, the application is in the red circle. Mr. -Fernandez: That is correct Mayor, Mrs, Gordon! The application in the yellow hatch therein. Mr. Fernandez t Red on this one and yellow on the -- Mayor Ferret No, no, I'm talking about this map here. Okay, now the area that you put in orange those are vacant.. Mr. FOsmosnt Under utilized. Mayor Ferret or under utilized property that s zoned for the proper industrial use. Mr.FernandeZ: That is correct most of this area is all from the railroad to 20th Street zoned /-1... The only C-5 exist between the railroad atffiARO0WegXmlipmC-5 as indic- atedTS) on the map. To the east of this property are two --- tat is t=riOning and that is developed in wholesaling warehouse type activity.Likewise this is all developed of the wholesale warehouse nature between 23rd and the railroad. The zoning district boundary line does split at 23rd Street. The only commercial zoning that exist on the northside of 23rd Street is as mentioned. 27th Avenue which is a little over a half alaVe away to the west and 17th Avenue which is just slightly less than half a (I iBLE) mile. sir, not at least within the span of our(suionimecbAkiiTains from 19th DaLr I believe to somewhere in the vicinity of 24th Avenue. I nave observed t}iat the department has expressed that if this property is zoned to C-5 that then it being commercial liberal that it could be put to some other uses and I would like to state for the record that it would be limited by the applicant to this particular use that I have mentioned and that in the alternative we would assert and we would request a conditional use. Mrs. Gordon: I don't think we can zone conditional Judge, I might be wrong, but I don't think I am. ---- and ycu have that zoning to use it with whatever it's allowed in it. I have to speak up now because this may not be what you want to hear and you're a friend and I hope I don't lose a friend, but I never have made a zoning decision based upon friendship, only on what is good for the city and what is proper zoning and I think this is improper zoning, very frankly, the only way that this could ever be considered proper in my opinion is if it was an area study that produce a result that said this entire area needs a change of zoning and not all of the area conforms and it should all be changed to whatever might happen to show but for us and the department already said it and I'm only reiterating. I'm very familiar with this area. I'm familiar with the public housing that's to the east of it. I would think there would be further develop- ments of housing on this property that would be a natural progression of what has already begun with all due respects, although you would have to cross the railroad track to get to the other side to purchase some land to expand your operation, I believe that we cannot, I cannot in all due conscience vote to change this piece of property to C-5. Mr, Rebcso; Mr, Mayor, I don't particular agree I think if the HUD People have offices there they have been violating the R-3 and as the Judge Fernandez just said,to the west up to the 27th Avenue in the northern part is 41$0 C,P5 and 04, so we're talicing about a neighborhood that is commercial, Vrs, Gordon; If this neighborhood iP transitional and does require a change it would be my personal recommendation that we send this back to the department and asX them to enlarge upon the study and come hack to us, • Mr, Reboso; They will never do that, FEB 2 3 1977 Mrs. Gordon: Mr. Fosmoen, will you do that? Would you ‘ecortmend be the proper procedure? Mr. Fosmoen If the Commission requests that we ex.imine this entire area :We will be back. Mr. Fernandez: I would like to point out from Mr. Reboso's remark that there is also a Fire Station on that side, there is also a church on that side and there's two or three shops where they repair automobiles,etc.. (Mrs. Gordon,' Where'?) Alright, going to, on the way to 27th Avenue... Mrs. Gordon: Well, if somebody is going to talk about any area that's not on the map then let us see a map so we can get a relative view point. I would refer this back to the department. I believe that would be the proper Way to handle this and ask for an enlarged study area. Mr. Reboso: Rose, it's many times in which I don't agree with the department and this is one of them. I don't see actually any harm if he is established already there to have the same business across the street because the traffic is the same. Mrs. Gordon: Manolpou're creating a spot of C-5 zoning in between all of R-3 on three sides of that property you've got R-3 across the street, well that C-5 happens to be your buffer between the I-1 and R-3. Now you're removing the buffer so what's going to become your buffer? In fact you don't have a buffer at all. I mean it's incredible that you... , you know.. Mr. Reboso: I am sorry, I --- the only thing that the people could object is the traffic there and the traffic is going to be the same. And if HUD has offices and most of that neighborhood is C-4 and C-5 in thesame part of the street. Mrs. Gordon: No sir. I disagree with you and your analysis. You're seven blocks or :;o away from that that you're discussing. But what HUD offices are we talking about? What kind of offices are we discussing? Mr. Fosmoen: If you wish I can make a call to HUD and find out. I suspect that there Administrative Offices for the development which frequently occurs. Mrs. Gordon: Well, that's to manage the property. Is that correct? Mr. Fosmoen: I simply don't have an answer for the Commission as to what offices are there we can find out very quickly. Mrs. Gordon: Well, it really wouldn't make any difference that's a housing development and any offices that would be there would be there to administer the operation of the housing for the tenants benefit that's all. Mr. Fosmoen: Their main offices are not located at that --- Mrs. Gordon: I'm proposing that if this Commission is inclined to consider a change of zoning, then this should not be on a spot zoning or piece meal basis that it go back to the department and have them come back and tell us if there is a need for a change that this area should be enlarged upon, then let them come back and say so. Otherwise I'm ready to vote now. Mr. Reboso: Well, I'm glad to make a motion. Mayor Ferre; Alright I'll do whatever anybody wants to do. Mr, Fosmoen: If I may Commissioner in response to your suggestion that we take a look at it again. The map that we have up here demonstrates, I think, that there is not a need for re -zoning in the area, There is adequately .., (Further comments)... Father Gibson, I think maybe I ought to say this, there is no way in the world that if I sit on that board and that property is there before HUD. I mean HUD is here complain- ing or objecting that I should in good conscience not keep that in mind so maybe the thing for me to do is to let HUD - don't do anything to inhibit FEUD and if this Commission feels I would not feel hurt at all if in the Commission's judgment that the Commission feels that this ought to be done, go ahead and do it. But I would find it difficult to face HUD knowing that they are objecting as they did with their offices there. Mr, Plummer; Well, let me express my opinion, First of all. I got to aPoiogi.ze to both the opponents and to the Commission that I did not get Put and see this property. I'm relatively familiar Faith this piece of property and there is more than one inequity here and thats what bothers ine. And, the great inequity that I see is that MX chose to build across the street from a Cw54 but now they're asking, don't put it on the other B 231977 side of ust They ate across the street ftott a Ca-5 to the due south is G=5. Mrs► rdont -It's zoned Ra3 d:l„ Mr. PluMMert NO sweet.heatt you're wrong, it's zoned Ca.5, Mts, Gordon: What are you telling the that HUD is zoned C 5? Mr PluMher: No, I'M telling you directly across the street they across froP C=5. Now, to me thats an inequity for them to turn around and say to us now well, we let it happen On one side but don't let it happen on another so it's an inequity Rose is what I'm saying. saw fit to build Mrs. Gordon: Are you saying they could build something beside housing on R-3? Mra Plummer: No, Ididn't say that at all Rose. I'll repeat my statement. HUD chose to build across the stteet from a C-5, it's zoned C=5 and they chose to build across the street from it. You know, so now they turned around, they said well we understand that, that was C-5 but don't let it happen to us again is what they're saying. You follow what I'm saying. Look, me go to the map. What I'm saying Rose is HUD built here, they knew that across the street was C-5. Mrs. Gordon: What difference does it make if HUD built or you built or some other person built if the zoning was R-3 and it's permitted residential use, it doesn't make a difference who built, it's built. Mr. Plummer: Rose, not arguing the point, what I'm saying is what HUD is saying to us we recognize that C-5 is across the street. Now we're asking you don't let it happen to us on the other side that's what they're saying to us. When they went in with their eyes open that this was C-5 at the beginning they chose that particular neighborhood. Mrs. Gordon: What you're really saying then is that years ago when the zoning of this area was set-up that it should have been set-up with C-5 facing each other. Mr. Plummer: Now, if HUD didn't like a C-5 across they should never built there in the first place that's what I'm saying. Father Gibson: Well, let me ask a question. Can the man get relief? Is there another way for him to get relief for that property. Mr. Davis: No sir. He must conform to the zoning regulation. C-5 is the first district in which his use can be placed and only then with a conditional use. That's the first -zoning in which that use is permitted. Mr. Plummer: As far as I'm concerned the only way I. can vote in the affirmative is a motion such as Rose's. You've got to look from 17th Avenue to 27th Avenue and see if there if there is a need now. The main need that I see is this. You got a lot of I-1 industrial, zoning, but there is no question in my mind of the need for this kind of a business to a railroad siding. Now, you say well this is across the street and it isn't. But if you look at this map there is nothing shown here on your map that says that there is a siding anywhere really adjacent or near that railroad siding. Now, the only motion I can vote from the affirmative four is to study the area. Mrs. Gordon: siding, J,L. Mr, Plummer: You didn't mean to imply that the property in, question has a railroad you were implying that the present plant has a siding. Rose, please don't put words in my mouth. Mrs. Gordon; No, I'm asking you a question for my own edification. Mr. Plummer; We11, let me put it to you in another way. You know, it breaks my heart when I see this city stymieing businesses to go out, Now l know that's not the most use of zoning, But let me tell you it breaks my heart downtown to see Ely Whitt move out of downtown and they're out into the County, Now, you know, this man isn't here wanting to spend more money in the City of Miami because be thinks he's a fool and that his business is not in need of additional property, Now, if you look down this and that: why I asked the question that I did. Is there any other property adjacent to the railroad siding and the answer was no, It's all developed, Now look we don't have to draw any pretty pictures. 'his man's business is expanding, He's left with one or two choices, expand where he is and keep his business in the City of Miami or move it out where he can find a railroad siding and to my knowledge the only present railroad siding is outside of the City of Miami, Now, yoU tell me if I'in wrong, 1411 listen, Pon t stand there with your teeth in your mouth, Come forth and spit it out, Mr, Fosmoen= 1 can't respond to you Commissioner, 4s to whether or not there are any z� Other properties atlailable in the city with railroad siding, Mr. Plummet: Well, t accept that Dick, but there's no question in my mind that this man is hot up here wanting to spend money in this city because he doesn't have a need and that Heed is to expand his business, Now, t look at this situation very simply. tither this t ah is doing to be able to ekpand ifi the city of if he feels stroi'1g though he's going to have to expand sof►et here Whete he can. NoW, are you going to driVe ant t& het Ohe out, I don't knew, You khoW, f'm looking at the very same thing right now and You all can laugh and you can smile and you Can smirk, tut friend let one tell you and the rest of this Commission soMethifg and you better take damn good notice of it. YOU are about to lose the whole garment district based simply Oh What we're looking at tight here, that is about a hundred Million dollar business, that if this city doesn't cotte up and do something for those people which We haven't done Mrs. Gordbn: What do we have to do for them? Mr, Pluf:uner: Rose, you got to make it safe where their people can get to work. Mrs. Gordon: Oh, well there you're talking about something else, Mr. Plummer Rose, I'm talking about other things. I'M talking about the philosophy of keeping people and business in this city. We are right now just about at the point of losing one hundred million dollar industry. Mrs. Gordon: I got a good idea if your philosophy is that kind of a philosophy then remove zoning entirely, do as they do in Dallas and let people build anything they want anywhere and increase your tax bases. Mr. Plummer: Well, Rose you know... Mrs. Gordon: If that is your philosophy of land use... Mr. Plummer: That is not my philosophy Rose, but I have to inject here, Dallas ain't too damn bad off, but anyhow Mrs. Gordon: Well, that's a different procedure than what this city has had. Mr. Plummer: Rose, you're well aware that Dallas has something more restrictive than zoning. Am I right? Mr. Davis: I don't know whether it's Dallas or Houston. Mrs. Gordon: Houston. Mayor Ferre: Look, let's not get into an argument about the zoning of Houston. As I expressed myself before I think HOuston has got to be one of the most beautiful cities in the United States and I'll tell you with or without zoning they've done a hell of a lot job than we've had, with all due respect. We're not here to discuss that. Let's get back to the subject. Alright Mr. Reboso. Mr. Reboso: I'm ready to make a motion for approval. Mayor Ferre You're making a motion. Mr. Reboso: Yes sir. Mayor Ferre: Alright for approval. Is there a second? On item 5, is there a second to Reboso's motion. Hearing none for lack of a second the motion dies, Mr. Plummer; You were going to make a motion about sending it back for a study. Mrs, Gordon; I was but Mr. Fosmoen Says that if he did that he would have to point out the fact the map on the easel shows us a lot of sites and his recommendation would come back the way it is now so it would be a waste of time. Mr. Plummer; Foy, I hate to think I'm in a position where I got to vote to force a man out of business. I'really don't like that. l really don't. Mrs, Gordon, 1 move to uphold the recommendation of the Planning Department and the Zoning Board, Mayor Ferre; Alright there is a motion on item #5 that the Zoning Board be upheld, Is there a second? Father Gibson; Mr, Mayor, what l don't understand is Plummer phrases a very important FEB 2 3 1977 thing. fs there no Way this tan can't get ho relief you mean tO tell Me Mk. Pluminert rather, t don't know Where else he can get the relief. I just don't noW, you know t apolccite thin the begihning that I haven't seen the property and thet'dsy doing to. bet #YV _ lekt if[fyti0h 1 can't vote"'- (Mts. Gordon, did anybody sedohd/ NOW seconded it, so at,,t) Mayor Ferret tet's See if there's a seconds tt there a second oh the fftotift by Coffmii.ssiOner Jordon that the toning Board, Mrs, Gordon: I i°o\e to defer this itent since there was no second and that Commissioner Pluftner have an opportunity to go out look at it and that the department... May I finish the statement Mt. Mayor that the area that's under request be enlarged upon and studied by the department on an enlarged area so that at least we doh't have to look forward to a spot of C-5, maybe the whole block should be included or neybe several blocks. I'd leave it up to their discretion: Mayor Ferret The motion as I understood it, Mrs. Gordon! The motion was to defer it to enlarge upon the requested area and in the meantime Commissioner Plummer will have an opportunity to go and look at it. Mr. Plummer: Well Rose, you know, I want to go personally look at it. I have no objection to a study being done. I don't know, I have to take Mr. Fosmoen word that a study is really not going to prove anything. But I Want to go look at it and I'm going to tell you something Mr. Fosmoen. You know I realize what your job is and I Wknow what you got to do, but you know I got to express to the whole department really and I'm not asking you to defend the position, but man for God's sake whenever poss- ible let's try to help people rather to try to hurt them. You know, I realize that there are those impossible situations but man, I just really Rose all I want to do I want to go look at the property in question. I want to look at the HUD. Well Fosmoen is telling me we're wasting his time and we're spending his wheels. I don't need him to tell me that again and to go spend a lot of time doing it. But I want to go look at that street and I want to look up and down, you know, I really do. Mrs. Gordon: You won't see anything different than you see on the map, you'll see a lot of residential properties on three sides and if you're going to put a C-5 in there then at least enlarge upon the area so that adjacent property owners won't at least have to be living next door to a C-5. Mr. Plummer: I've got no objections to defer it and to send it back and ask the department to try to see what they can come up. .Mayor Ferret Then that means you're changing your position. Mr. Plummer: No, I told Rose to make her motion before and I would have seconded Mr. Mayor. Mayor Ferret Alright in other words as I understood your feeling original was that you wanted to defer the now you want to defer the study. Mr. Plummer: Well, I'm not going to repeat myself. I have no objections to the motion as it stands. Really, what I'm saying in the motion is the Planning Department try to help all of the people that are in business here that want to stay here that's really what I'm saying. Mayor Ferret Alright there's a motion by Mrs. Gordon that this matter be deferred until the whole area or the whole block be Studied. Mrs. Gordon; I didn''t limit just the block Mayor I'm leaving it to the department to decide on the scope, Mayor Ferre; Alright so it could be a wider area. You second that motion. Alright is there further discussion. Mr. Reboso; It's a time lim Mrs. Gordon; Well, you tell them how fast you think they can come up with Mr, Plummer; Well, 1 see no reason they can't come up on the 23rd that's 30 days from now, Mrs, Gordon; Okay. €Pr the next Zoning hearing. Mayor Ferne; Alright for the nett xotl ng hearing that's the time limitation, Any further questions on this? If not call the roil: as grit 9i1t7 The following Motion was introduced by Commissioner Gordon, who moved its adOpticht MOTION NO. 77=146 A MOttoN to Otttk cONSIDttAtioN OF CHANGE OF ZONING ot PkOPEfttY At 2121, 2129, 2147 ANC AM3ROXIMATttY 2151 M.N. 23 stAttt tilt% R.,3 TO C.5 fN Oftiott THAT THIS AttA MAY tt tNtAftdtt; UPON IN A STUOY TO tat CONODUCttb BY THE PLANNING btPARTMtNT To BE HttUtNtb TO THt CITY WITH THE ttCOMMtNbAtIoN BY MARCH 23, 1977. Upon beihg seconded by COMMiSsicifter Gibbi5n# the MOtion was passed and adopted by the following Vote: AYES: CoMMissiOner Rose dordOn Commissioner J. Lb PluMMert Jr. CoMmissiOner Maholo RebobSo Vice..Mayor Theodore R. Gibson Mayor Maurice A. Perre NOES Wine. 13. FiRSI READING ORDINANCE: AMEND ZONING ORDINANCE TO INCLUDE OVERLAY DISTRICT LIMITING BUILDING HEIGHT TO FOUR FLOORS IN CERTAIN AREAS, Mr, Davis: Item #8 Mr. Mayor. Mayor Ferret Item #8 on first reading- An ordinance - Planning Department Application amending Zoning Ordinance to include Overlay District which limits building height to four stories and certain areas regardless of Zoning District. There were three object- ions by mail, two objectors present. Are there any objectors present at the present time? Alright, there are two objectors. Would the department make the presentation please? *Mr. Mayor and members of the Commission, Mr. Dick Whipple: You will remember that the Planning Department submitted to this Commission a planning study for Coconut Grove which certain suggestions were made to the development preservation of Coconut Grove as the department saw it and his study was endorsed by this Commission. There is three main points that the study brought out that were objectors and goals for future planning and zoning efforts of Coconut Grove. Those being to promote and protect the quality of development that we have in the Grove and that is planned for the Grove, that we perserve and enhance the scale and development of Coconut Grove,his businesses, his residences, and thirdly to encour- age proper and appropriate site development by which to maintain the Grove charater scale,living environment,and commercial environment. The proposal before you today._ is a overlay district. The overlay district encompasses overlays for as proposed to overlay existing zoning districts and it has two basic purposes which fulfil two of the three goals that were originally stated in the Coconut Grove Planning Study and very simple and short form the SPD district is one to require site plan review and procedures under certain specified guidelines in order to insure that the future development of Coconut Grove will enhance the environments that we have in Coconut Grove, the scale, siting , the other amenities such as nature features,trees and foilages that occur witnin and throughout Coconut Grove. The second point and purpose of the SPD district is to limit the scale or the height of development in certain areas of Coconut Grove primarily those areas which we associate as the gateways to the central part of Coconut Grove, 27th Avenue, portions of Dixie Highway, Tigertail Avenue, and eventually South- Bayshore Drive. The specifics of site plan approval being the first point. The second point is a limit of height of four -stories or forty feet for any development in which the SPD district overlays these particular corridors into Coconut Grove. The second part of item 9 while I'm here at the microphone as depicted upon the wall indicating those areas which the department proposes that the SPD district be applied. Again noting South pixie Highway, South West 27th Avenue portions of Tigertail Avenue. That is the purpose of the amendment before you at this time, Mr. Plummer; Didn't we go into this before? V1r, Pick Whipple; Yes sir. We did go into it however,.arose certain problems and questions with regard particularly to South Payshore Drive which has not been resolved. In order to proceed with the implementation of the Coconut grove .an we have eliminated the South SaYshore Drive portion of the SPD district at the Present time we'll bring that bacIs when this qt4P4ti011 is better resolved, but to go ahead and move forward with the rest of the district, Mr, Plummer; Wel1-4 does this speak to everything but the Payehoro Prive PrcTertla t4r, Pick Whipple; Pxcept Payehere Prime, that is correct airg 30 Egulliamer, Mr, Loatiloen: There is one other issue: 1 think if we can separate the ordinance froth the property question: ih other Wordsf deal with the ordinance, the content, the lahgin tiace of the ordinance first, And, item 9 deals With which Propertiet Would be affected by that ordinance, i think that We May be able to clarify the discussion,.. Mrs, Gordon: t understands i' 11 Bove Humber 8, Mayor Ferret Alright, is there anybody else? Mr. Jack nice: t have to speak to 8 because I'ii affected ih 9 and if I'm excluded under the ordinance. Mr. Plummer: Wait a Minute Jack, that's the very thing 'm getting to. Whipple look" let's don't play games with each other. As I recall Dr. Robertsonhas that piece of property in Jamestown, is that what we're talking about`? Mr. Whipple: No. We're talking about the Sea Breeze and that did come up before under R-CC. Mr. Plummer: Where is the Sea Breeze? Mr, Whipple: On Aviation between Tigertail and Bayshore. It's a 200 x 150 ft. and Mr. Plummer: What did we do before on that? Whipple: You deleted that from the R-CC which would have also restricted the height limitation: Mr. Plummer: But now we're coming back doing the same thing again by another name. Mr. Whipple: Another name, yes sir. Mr. Fosmoen: I think that the position is that they don't wish their property covered by the overlay district. Father Gibson: I didn't hear that, Mr. Fosmoen: The position of the opponent is that they do not wish their property covered by the overlay district which replacethe height limitation. Mr. Plummer: Well, don't I also recall that immediately to what I'll call to the isirt there is a place there that presently is above what you're restricting these people to? Mr. Fosmoen: Yes, on the other side of the street. Mr. Whipple Across the street and to the north. Mr. Plummer: Tony's Sea Breeze, does he own that? Mr. Whipple: No, Mrs. Gordon He sold that a long time back. Mr. Whipple: Then further to the north which is R-C which is owned by the Firestone's and the others O'Donald I believe that's approximately five -story and the other one is approximately both of them five -stories counting the canopy on the top, Plummer; Well, Tony's is more than five -stories isn't it? Mr. Whipple; Six. (FURTHER COMMENTS.,.) Mr, Plummer; Yea, okay. Alright So let understand then we're not talking about that property which is Jamestown? W. Whipple; No sir, Mr, Plummer; Okay, so we're just talking about the property ready behind the Pancoast old building' correct? Mr. Whipple; Which is the Ryder building', Mr, Plummer; And, that's on Aviation up to Tigertail' 31, 977 Mi. Fosnioen: 'Yes. Mt. Piu ltet t Is there a twroastory apattment there now? Mr. Whip ile t On the cornet. a mffi Au- betweeh that tWeimAtory apartMeht and the parking lot of the old aaaaagaz.. Mr. Plummer: What is that presently/ One story/ Mt. Whipple that is a twb=story building imn ediately to the side facing or oh Tiger.. tail and Aviationcy' sits right or the cOther► it's a tfttall site, it can't be developed any bigger than it is because of the limitation of the size Of the site. Mr. Plummer So, ih other words, that area that you got the pencil oh now is really two parcels right? And, the one oh the cotter presently is two-story and the one to the right is one story and the one story which is owned by him, Okay, flow are you telling me that the person on the corner is not here objecting/ Mr. Jack Rice: That's a fully developed parcel. He couldn't develop it anymore than he's got it developed. That's the only reason why I can see why he's objecting. Mr. Plummer: In other words, the Sea Breeze at the present time would be grandfathered, is that correct? Mr. Jack Rice: Yes sir. Mr. Plummer: Why do you choose to extend it just across the street, that Mr. Fosmoen: You mean to incorporate the red property, to incorporate the parcel that's_ just colored in red? Mr. Plummer: NO, no, the entire overlay. Why would you try to move it across the street where a street is usually a boundary? You see what I mean? Mr. Fosmoen: I'm not sure. M.r. Plummer: Okay, usually you find that zoning changes her than in the middle of a parcel? Mr. Fosmoen: That's the R-4 district. Mr. Plummer: Well, does that make it right or wrong? why isn't it drawn there rat Mr. Fosmoen: I think the issue is if I may try and cut through it. Should Dr. Robertson property be covered by the overlay district and we think that the overlay district is important enough in other parts of the R-4 zoning that we would be willing to compromise on Dr. Robertson property. Not have it covered by the R-4 to get the ordinance passed. Because we're concerned that if we don't get that ordinance passed we're going to see some serious harm done. Mr. Plummer: That's not the point. Let me follow this up. Mr. Fosmoen: Back to your other question,however which is why across the street, because of the way(I'm sorry property lines aren't shown on this map) but the property lines would suggest that it should go to both sides of that street. Mr. Plummer: Then why not all the way down to Bayshore. Mr. Fosmoen: Because then we're right back to the issue. My impression is we're right back into the issue that deferred this item previously and that is the height limitation of Bayshore. Jack you want to add something? Mr. Jack Luft: The intent here is to provide a height control for all high intensity multiple -family areas in the Coconut Grove Area. If Dr. Robertson parcel was to remain R-4 and the line wasadrawn on Aviation that would be the only parcel in all of Coconut Grove would not have height limitation on it in other than R-C districtspkay, We haven't come to the R.-C. We're going to come to that later, Mr, Plummer; Jack you know that's beautiful, that's just gorgeous for a utopia. But let me tell you something when you look out that front door and you see Tony 's Sea Breeze across it just shoots holes in your theory, Mr, Jack Duft; Not really. Mr, Plummer; It's five, tauft= Five €loors. we've got two building ou entire overlay district that ekceed the fourastories, Two, we do riot feel as a si' hificaht number to suggest that this would be direct opposition to the character of the ecistitlg deveioprefit. The character is well established. I think with the point Mr. Posmoeh was tiakir g acid what Nt. nice, 1 think, is CoM►itiq tO is the suggestion that Mr+ Robertson property, the Bea'Rreete apartments might be better considered as a part of the R-C area Which would take it out Of the realf of the overlay district covering all P 4 properties. that ih fact the lihe sepatati g the R-C and the RA,4 as it OAS parallels Tigertail and $ayehore be extended directly across Aviation rather than jogging to the "south and then across. Mr. Plummer: But you see I wouldn't agree with that and let Me tell you why. unless you took, I cati agree with it if you took the R=C and went all the way up on that side of Aviation to Tigertail I could agree with that. Okay that snakes sense to tee Mr. Luft: Take the R''C all the way to Tigertail. Mr. Plummer: Might, in other words, take Robertson and whatever the--- Odell that's the two-story apartment that's one the corner of Aviation and Tigertail. Mr. Luft: No, no, Mr. Plummer: What's on the corner of Aviation and Tigertail? Mr. Luft: The two-story apartment. Odell is in the R-C area to the east. Mr. Plummer: Well whatever it is, okay. Now, if you take and bring that R-C on •%viation I can agree with it. Mr. Luft: Well, you understand that what we're talking about is a transition between the uses fronting on Bayshore which are the office uses, and those uses fronting of Tigertail which are purely residential and those uses to the north of Tigertail which are strictly low density, okay? Mr. Plummer: I understand that. Mr. Luft: So the R-4 becomes a transition, that's why --- Mr. Plummer: Where the inconsistency occurs in my estimation is in the Tony Sea Breeze that's Mrs. Gordont How many stories is Tony Sea Breeze? Luft: It is five floors with one parking sup ret another level suEret below. Mrs. Gordon: Okay, might I ask you a question. Rather than take the approach of the expansion of the R-C is it a feasible approach to conclude that a property under this overlay be permitted to have the same height limitation as it's most adjacent neighbor or something like that? In other words, I don't know if you can make that amendment or whether you can't but I understand J.L. problem. I know what he's finding a problem. I' on the other hand find a bigger problem in changing it to R-C. So,... Mr. Luft: Well, Ithink the case that Mr. Rice was going to make is that there really doesn't appear to be any logical reason for the zoning line to jog to the south when it does. Mrs. Gordon: Well,it would bisect the property in question wouldn't it if you'd just straigthen out the .,. Mr. Luft, It already bisect a couple of properties to the west side, Well, it wouldn't salvage his situatio4 if he, wants to redevelop it, Mr. Luft: I think he would find it acceptable towards his needs. Mrs. Gordon; Straightening the line out I have no problem with that. Mr. Plummer; What is that parcel there Dick between Aviation.?(looking at the trap) Mr. Luft ; That parcel iS part of the five structures that are the two-story renovat- ed condominimumsthat extend down Aviation, In fact that zoning line splits one of the buildings as it exist right now. Mr, Plummer; Speaking without the microphone, Mr, l,t€t ; All the way across, right there, just a straight line ail the way through, The question was raised by the opponents.. why that line Was jogged? (INAUPIa+F COMMENTS) .,,- Mr, 'osmoen; What we attempted to do was separate these twc issues, I don't now whetter it•'s possple or not The first iss4e is the wording in the ordinance and the second a.ssge 4.s how that affects the property, What we're saying is that in order to .get the ordinance passed we would be willing to consider in R-C on the properties that are apparently ate in dispute. Mr. Plummer Let's put it this way that's a lot more palatable. Now, what is that going to do to the renovated R-4 there? Mr. Fosmoen: It won't have any effect. Mr. Plummer: It won't have any effect on him. Mr. Luft: No more effect than the R-3 already has on the other units that are in the R-C that are also renovated. Mr. Plummer: That will make his property all uniform. Mr. Luft: Pretty much. Yea, he would still have one building, I believe in the R-4 but as it sits right now half the properties in R-4 are R-C. Mr. Plummer: Well, I'll tell you Jack I still got problems. I know what you're trying to accomplish and what you're doing is you're going up this way to Avaiation and then all of a sudden for one parcel drop down. That's where I find the fault, but ... Mr. Davis: So that really was on the application number 9, if we could have something on number 8 is what Mr. Fosmoen is saying at this point that's agreeable to you. Mr. Plummer: Just for all get out let's let them say their piece. Mr. Rice gets paid by the words so let him say his peace. Mr. Jack R. Rice, Jr.: My name is Jack R. Rice, Jr., Attorney -at -Law. My office is at 2424 N.W. First Street and I represent at this hearing Dr. Roberston, James Roberston, who owns lots 27, 28, 29, 30, 31, 32, and the North westerly 50 ft. of lot 36, block 38, amended map of new Biscayne, PBB, page 16 Dade County, Florida. First of all,the ordin- ance that's before the board,I'm against it solely because it's apparent that it's going to be applied against my clients property. My client has owned this property for a :.•.umber of years. It's surrounded by high-rise buildings and this ordinance presently will permit. The property to the north or north easterly... Mr. Plummer: Wait a minute Jack, are you talking about to the way it presently is or what the proposed compromise is? Mr. Jack R. Rice: No, I'm talking about the property as it presently exist. Mr. Plummer: Well, you've heard what the compromise is, now let's speak to that. Am I out of line? Mr. Rice: Are we strictly speaking to the compromise? Mr. Plummer: Well, I'm assuming that you're representing the client who is involved in the compromise and let's don't waste your time or mine, you know, let's speak to the compromise. Mr. Rice We are agreeable to the compromise if you pull that line across and leave it out of this overlay district, except when it applies to the R-C. Mr. Plummer: Well, Jack, come on now, simple, are you for the compromise or you' re not? You've seen what he's proposed in the way of a compromise, Mr. Rice: .... we are agreeable. Mr. Plummer: Ok, fine, then speak to the compromise, Let's don't go back hill let's go forward, Mr. Rice; Your honor, I just didn't know how far you wanted me to go, Mr. Plummer; Well you know how far I want you to go as brief as possible, Mr. Rice; I'm willing to shorten it as x know you want to get out of here, (ZNAt7AI8LL COI NT$ IN AACKGROUNP) Mr, Plummer; Mr, mayor, assuming that we're going to draw that line/now let me understand the compromise will come straight across(draw .t out will you, use Your red Pencil, you got plenty of therm) Okay, look, i ob as long as everybody understands each ether okay, so that we don't have to _come back here screaming at each ether later and say well that ianat 34 FE� 231977 what t understood, Okay, how, t, Mayor, based on the co1'riprotrtise worked out With the planfitig Departieht, With this Cdtfttission, f then sir will rove you itet #8 for approval, Mayor Verret Alright, there's a rtotioh on approtial Of iteM 480 is there a seeond? Based oh the doMproihilae? Mr PlumMert Well, excuse me 8 doesn't speak to the carriprotise. Mr. bavis: Eight(g) only speak to the ordihance itself; Mr. Plummet:: Right, Mayor Ferre: That doesh't affect you theh? Mr. Plummer: Well, it could if it wasn't a compromise On 9. Mrs, Gordon: I move number 8. Mayor Ferre: It's already been moved. Mrs. Gordon: I moved it before. Mr. Plummer: I acquiesce to the lady in red. Mrs. Gordon: Thank you. You second it. Ali (UNTELLIGIBLE COMMENTS) Mayor Ferre: The item has been duly moved and seconded. Let the record reflect the maker of the motion and Is there further discussion on item 8. If not, call the roll please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INSERTING A NEW ARTICLE XXI-4, COCONUT GROVE OVERLAY DISTRICT (SPD-2); PROVIDING FOR INTENT, EFFECT OF THE SPECIAL OVERLAY DISTRICT, SITE AND DEVELOPMENT PLAN REVIEWS AND HEIGHT; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVER- ABILITY PROVISION. Was introduced by Commissioner Gordon and seconded by Commissioner Plummer, As passed on its first reading by title by the following vote AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) 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. 14. FIRST RFADIi4G OI IWAVCE: APPLY OVERLAY DISTRICT TO CERTAIN AREAS IN Comm' GROVE. Mr, Plummer; meat. move number 9 with the compromise as So noted by the Planning Depart Mayor Ferre; There is a motion on item number 9 with a second on a x-- item 9 as present- ed with a compromise. Okay, which specifically is to the property owned by Dr. Roberston, is that correct? Mrs, Cordon; To be specific to draw the line side of the street, Mayor Ferret let the record so reflect. Mrs, Gordon; Does that clarify it? (Read the ordinances stated by Mayor Ferre) Mr. Knox ; Mr. clerk, will you make a notation that the new map %Paid have to be inserted straight across from the southwesterly 35 FEB 21977 Mr, Mlle: Yes sit. Mt. Iho3{ Alright. (Read ordinance into record with the comprofise) AN ORDINANCE ENTITLED., AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF'MIAMt0 BY APPLYING ARTICLE XXIL4, COCONUT GROVE OVERLAY DISTRICT (SPba2) TO THE FOLLOWING AREAS IN COCONUT GROVE: (a) ON BOTH SIDES OF S.W. 21TH AVENUE FROM SOUTH DIXIE HIGHWAY TO TIGERTAIL AVENUE: (b) THE SOUTH SIDE OF SOUTH DIXIE HIGHWAY FROM S.W. 22ND AVENUE TO S.W. 30TH COURT; (c) THE SOUTH SIDE OP TIGERTAIL AVENUE FROM 150' EAST OF AVIATION STREET TO CORNELIA DRIVE; AND (d) BOUNDED BY DAY AVENUE, VIRGINIA STREET, bAK AVENUE AND TIGERTAtL AVENUE, AS PER MAP ATTACHED HERETO AND MADE A PART HEREOF; 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 Plummer and seconded by Commissioner Gordon and passed on its first reading by title by the following vote- AYES: Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore Gibson Commissioner Rose Gordon Mayor Maurice A. Fevre 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. ON ROLL CALL: Mr. Plummer: Bob, before second reading I want from you proof that the owner up in that corner bounded by Aviation and Tigertail was notified. I don't need an affidavit. I just want some proof from you that he was notified. Mr. Davis: Thats on the south east corner of Aviation and Tigertail? Mr. Plummer: Stick your finger on it Whipple. That's it. Mr. Davis: South east corner of Aviation and Tigertail. Mr. Plummer: All I want from you is proof that he was notified before the second reading. Mr. Davis: Yes sir. Mr. Plummer: Thank you. Mayor Ferre: Thank you very much Mr. Rice, Dr. Roberston, (COMMENT)Thank you very much. -- Mayor-- Alright thank you sir. 15. DEFERRAL OF CONSIDERATION OF VACATION AND CLOSURE OF A PORTION OF N.W. 5TH AVENUE BETWEEN 60 AND 62 STREET, Mr. Davis: Item #15 Mr, Mayor was before this Commission at your meeting of November the 17th, its with regard to the closure of N.W. 5th Street on the Edison School. Site This was deferred for study of any possible other solution plus opportunity for the Commissioners to inspect the site. The Planning Department, I think, has the Same recommendation they had, Mr. Plummer; Yea, I got news for you, We've had it, You got any solutions? Mr, Davis; No sir except to close the street, Mr, Plummer; Well, _yea, the street ain't there, Mr, Pavis; That's what 1 mean sir, Mr, Plummer; See, let me tell you something Pob as far as I'm concerned, We got a play on words, It was MY understanding that they wanted the closure of that street while construction was going, ,,, my understanding that, that street would remain closed after as FEB 1 7? •constr'ictioh. Mr. bavist Ms. taros Clark, who is bitector_of Site bevelopment for the School Board is here and I think she'd like to speak to that Commissioner Plummer if she may. Mt. P1umMert Well, Bob look the record is very cleat, very cohciee. 1 cart tell you exactly ih the retard what ah ihtehd wag or uhdetstanding, 1 can tell you personally it was my uhde?standing and this C oMMissiorl has dope on a htiMber of occasions allowed people to close the street or eVen utilitre another piece of property to expeditiously help ih Construttioh. It was my understanding that, that was the case here, NOW, t read those minutes. I re..read them and it could really and truthfully be interpreted both Ways that there's not right and not wrohg and I'm not saying for one Minute that the School Board played tricks on it. All I'm saying to you that it was my under' Standing that it Was only for the purpose of construction, Now, that being what it tray doesn't preclude, I don't see a thing that We can do how to help these people or give them relief without tearing part of that school down and I don't think even they where there tax dollars are involved would Want to do that. Now, what else we can do to try to make a wrong right, I don't know. Mr. Davis: unfortunately with all the study that is going on with the Planning Depart- ment they should answer to this but this is their conclusion too. As Well as the D.O.T. and School Board and everybody concerned. Mr. Plummer: I think what we ought to try to do is to apologize to the owners first and second of all if the owners have any suggestions which We might offer to help them with relief. We ought to listen to that. 411. Mr. Nathan Simms: I live at 5901 N.W. 5th Avenue. I brought in some petitions I'd like to circulate with you and what happens is Commissioner Gordon promised us the last time we were here she was going to bring the Commissioners out on a bus... • Mrs. Gordon: I was out there. Mr. Simms: Well, I mean, but you were going to notify us. Mrs. Gordon: I didn't know about... I was out there. I examined it carefully. In fact.,. Mr. Simms: Well, the only thing we come down to find out after you were there... we haven't heard anything from you, you know and you told me that you was coming on a bus with the Commission and we could notified and this is the first time I seen or heard of you since. MR. Plummer: Well, I was there sir and I'll tell you something... Mr. Simms: We were not notified. Mr. Plummer: All I can say to you is if you have some suggestion to this Commission in which we can make a right out of a wrong I don't know what else we can do for you sir, I really don't. Except to apologize. (INJAUDIBLE COMMENT) Mrs. Gordon: I went out there. I tried to figure some way that it was possible to put an access through there and there just isn't any way that I know of. Mr. Simms: You see if there we're going out down side the expressway why it's enough room on the opposite side of that before you get to the school building to put a one- way street coming in there to come in. You got about 40 ft. on the road going out beside the expressway to the back of the school building, ain't nothing there -So all you got to do is move the fence and put up... and you can fence that in down side the back of the school. Mrs. Gordon; Mr. Fosmoen, did you see that particular site? Mr. Simms: Ma'am. Mrs. Gordon; I'm speaking to the man from our Planning Department. Mr, . osmoen; I have not personally viewed that property, Mrs, Gordon: Mr, Whipple, you $aW it, When I went out to see it , I glean, they built over that street and there's no street there, but on the westerly portion there as this ge::tien►an just Said there might be if it was fenced it right be safe, If it wasn't ;en cea it wouldn't be safe to put a onewway street going the opposite way of the way the entrance to the .expressway is, 37 Mr , Sifts: Well, it's going to have to be fenced anyway when they open up the schr,ol , so it's alteady a fence there, all you got to do is that fence is going to stay, i to move it over side the school building and you got a plenty of space in there to make a one. -way street. You can come right to the light and turn right at the light. You know where the old than building at, There's a plenty of space in there to put a road. We're not looking for a boulevards We're using for something, if in case of accident, of fite or aNbulahce, they got to go all the way around and circle around and try to get to 4et to it, Mrl.Gotdon: I know. We know the problem and I couldn't find a solution, Mr. Whipple. you looked at that, do you think that it's feasible to do that? Mt. Simms: If you'd come out, if someone would cote out and notify us we'd be glad to go to you because we are the ones in there and We'are the fenced up and we'd be glad to try to Make some suggestion, except just to apologize that you did wrong, that's no good at all to us. Mrs. Gordon: Well I don't know about all the other Commissioners, but I know I Was there. Mr. Whipple: Commissioner Gordon we did investigate that possibility to a reasonable degree and the conclusion with the traffic people and the public works people is that the hagard to be created by that, particularly, its entry on 62hd Street being such close proximity to the expressway exit and the one-way exitof 5th Court there, that the hazard involved just didn't merit going too much further with that thought. Mrs. Gordon: Well, that's what I kind, you know, I kind of arrived at that but still these people are right in What they want. I don't know how to solve that problem. Mr. Simms: Well it would be easy to solve if you look at it and want to solve it. It's no trouble, but if you don't want to solve it well it's a big deal. But you look like to me you all just want us to apologize and fence us in there and we're tax- payers. (INAUDIBLE BACKGROUND COMMENT) Okay, why don't someone just come out and notify us and we'll get together Father Gibson: Sir, let me say this. Mr. Simms: Okay. Father Gibson: Unlike the other Commissioners, I kind of live out here. I think I kind of know the area. I was there as late as yesterday. Unfortunately, I want to say this so that the School Board Representative will take this back. I happen to have been one of the strongest advocates on this Commission. If we don't do anything with regard to zoning in school areas until we talk with you. Now, the presentation here was that you needed that closure so that yoga could conveniently build. You didn't keep your word. That bothers me. Let me say this, whether that's what you wrote, whether that's what you wrote, that's what you said. And, let me say this, maybe I don't understand that black and white don't lie, but those people are right. When they came here, when they came here and made their presentation, now nothing you tell me is going to change it, because Plummer felt the same way. That was his understand- ing. Rose understood it that way and you know what, these are two whites, I'm Black so it must've be kind of black and white, okay. Now, I say that the School Board ought to bend every effort so that those people don't get locked in. Ms. Carol Clark; Father Gibson, some time has elapsed since I first appeared before this Commission to request preliminary approval for the road closure pending approval of the Plat. At the time that I appeared I had plans for the school with me. They had previously been submitted to the public Works Department and they clearly showed the foundation of the school in that street, That was our reason for needing the street closed, The immediacy of our request at that time was the court order pertain- ing to Mr. Aaron's property that we begin construction within a certain period of time which did not allow for the normal plat procedure to take place before we started construction. It was always intended that we would build on the street and the back street would be closed, our approval from the State Department of Education to build thisschool was predicated on the closure of that road, This site including the land on the east side of north east 2nd Avenue where the existing senior high school is only amounts to 26 acres, By state law we need 46 acres, We have to get special permission to build the school on this site and the commission included the fact that this road be closed. Ir. planning the school we worked very closely with Mr, Grimm to work out the realignment of all the utilities and everything, We're just one agency and by law we are required to rely on the local governing authority for coordination on these matters and we did follow the procedures, After all Mx, Grimm i$ the at that time he was Director of Public Works and he was the expert in this field and we relied on his direction. Father Gibson: We1.1 let me tell you this. My understanding was not that you were closihtj the streets And, let Me say the futthor thing the bepartment should have sehsitii:e us that's what was happening, so that we would not have misled these people. 1 Want to gay this in the heating of everybody for the record sake. Wow, that Was let my uhderstanding and it's Very strange it wasn't piu, tuner's, It wasn't Rose. I don't khow about itebos6 and Perrot but that Was not out understanding and I think that you have., you know, i've been through that period about where you have to have xainumber of acres of land, you know, especially where we're cohcerned, you know. I know that talk. I think you all have the affirmative responsibility as art agency in this town to try and help solve those people problets. And, I think that if you went to the State IepartTent and explained to the State Department how this thing happened, you know what Would happeh? Ms. Carol Clark: Father Gibson, you ate a member of the HUb Board, you are aware of the fact that the land to the west of the existing athletic track was purchased by HUD for the express purpose of providing an expansion of the school site. There Were many, many public hearings, I sympathize with these people but t don't know where they were and it is strange to me (COMMENT) that they didn't surface until after this had been heard several times before this Commission. And, I don't really see it as a great hardship. 5th court still runs north. There will be pedestrian access and when you are in a car and going some place it really is not that much of a hardship to drive another block around. The way cities are laid out now you don't have a grid pattern of streets with straightaways. You have curvilinear streets. All of the new areas would require much greater distance to get around the school site. Father Gibson: Madam, I'm not denying all that you tell me about laying out a street. -I'm saying what these people understood. I'm saying what 'we' the Commissioners under stood. Ms. Carol Clark: I'm sorry that there was a misunderstanding, but we certainly made every Father Gibson: You aren't half as sorry as we are. Ms. Carol Clark: Wait a minute. T mean,what more can we do than present our plans? Mr. Simms: Well, now when they started building that school I went down and asked the man who was blockading that road. I said, you're blockading this road, he said, this is temporary to keep the traffic out temporary. I said, will this road be opening back up, he said, yea. And, when we came down here that time and we explained that they hadn't closed that road. But somebody down here told the building man that to go ahead on and keep building and that very next morning he blockaded the road up imithere and he went to building right in the road the very next morning. Now, you remember someone down here told (Unintelligible) and the very next morning he blockade the road. And, started building right in the road. Ms. Carol Clark: Sir, for my benefit could you explain just what your objection is, I mean, what hardship is it working on you? Mr. Simms: We just want a way that we can go out, but we want a way to come in without going clear to 2nd Avenue or clear to 54th Street. We go all the way down 2nd Avenue from the store... Ms. Carol Clark; But if you're in ,.. Mr. Simms; We got to go all the way around to 2nd Avenue and come all the way back around. Ms. Carol Clark; If you're in a car it's a matter of two or three minutes . If you're walking you can come down 5th Court, Mr. Simms; Listen, now, if you had property would you want to be blockaded just to Say because you got a car you can drive eight blocks to get back home? Ms. Carol Clark: But sir, the street dead ends at the front side on G2nd Street anyway, it doesn't go any place, Mr. Simms; Well, you know how many pocks we'd have to come from the grocery store to go to 2nd Avenue and then come back in to our house on 5th Avenue or go clean to 54th Street and come back in to 5920 where I 1ve on 5th Avenue? How many blocks do yo:u think that is? Ms, carol Clark; Why would you go to 54th? I rs, Simms; Ma'am? 39 FEB 2 3 I 77 Ms: Carol Clack: Why would you go to 54th? Mr. Simms: Aih't be two ways to come ih that's to go to 2nd Avenue or either to 54th Street, Ms, Carol Clark: The only alternatives from the School Board's point of View it to simply stop constructioh, throw away the 8f►i lion)we'Ve put into this school and qo back to the site in Miami Shores Which Was approved ih l960, the community fought for the school in this area, We got approval froth the state... Mr: Simms: As I say if you want to help us it's easy Ms, Carol Clark: There is no way we can divide that school site With the street, It is against (Comment) the State Soard of Education regulations, We just can't do it, Mr. Simms: Well, I wish somebody with some authority would come Out there and look at that place and see if it can happen: Ms, Carol Clark: It's against the law sir, because you would have the children "mac Mr, Simms What's against the law? 14s. Carol Clark: The state law, Mr. Simms: It was against the law for you to block up the road too, Wasn't it? Ms. Carol Clark: No sir. No sir. We were in the process of closing the road by plat which is the procedure prescribed by law and all that the Commissioners did was allow us to do it before the plat had been completely processed. Their staff had reviewed the plans and they were in accord with the plans. They...knew that this was the only place the school could go. In addition to the senior high, the junior high also uses that play field. Father Gibson Madam isn't it true, isn't it true that couldn't have closed that street without our permission? Ms. Carol Clark: That's exactly correct. Father Gibson: Well, you know, what I'm trying to say to you? You know, I want to be very nice about this and polite , okay. You know, there will be another time. Ms.Carol Clark Sir, if there had any indication that you did not intend to close the road or if these people had appeared at that time we would have never started building the school. We would have built it elsewhere. Father Gibson: I could understand that. What you don't hear that I'm telling you is Ms. Carol Clark: You're telling me you want a road through the school site and I'm telling you that the State Department want let us do that. Father Gibson; No, no, you don't hear me. I want you to listen. Just take a little time and listen. There is always another day. I promise you. Ms. Carol Clark; There will probably never be another day when we will building a school within the City of Miami because there is no land. We're going to have to close Ada Merritt because there is not enough land. Father Gibson: Okay. I see you don't know the political process. Listen to this. Ms, Carol Clark: I'm not a palitian. Father Gibson; I know you aren't, but you could learn a lot down here. I'll tell you what, you may not need land for another school, but you may need some other things. Mr. Simms; So it's nothing can be done about our situation, eh? Ms. Carol Clark; I'm sorry I didn't understand you. Mr, Simms: There is nothing that can be done about our situation, Ms. Carol Clark I don't see how there can be a road put through there at all, When the school was originally planned 5th Court was two-way so there was no problem, The Mate Road Department is the one that you should be fussing at, When they made that 4 onerway street did you object at that time? That's what real y ie cutting you ,Off,, 40 FEB 23 1977 Mr, Sifts: When they Made what a one Stteet? Ms, datb1 elafkt 5th Court Was always a twomotay street and When they put the eklokesSit- Way off tamp theta they made 5th Court OheliuWay going hotth. Prior to that you could haVe coMe South oh its SO ythi're blaring the wrong people. Mr, Sifflns: Well, 1 come to people who l use to cote too to see soMething about this because the school waS hurt in the toad that We had that was perfect for 5th Miienue, They built tight into 5th $,Venue, blocked it off. Father Gibson: Let Me say this opening one way Ms. Carol Clark: Madafit, let me say this, Sir, hopefully We could look into softie more. what you don't knout is ail the hell that Went on about that 54th Street oY the other. Yes I do. Father Gibson: I want to tell you that was a red hot potato okay. I Would suggest to the Mayor that the professional staff of this commission of this city arrange with the School Board and the State Department to go out there and see these people and see if any relief can be had. Now, you know, that's only sensible. That is only courteous and polite thing to do. Now, you can come here and talk all day, you still have those citizens who are aggrieved. Because those citizens like we who sit up here, whether we were dumb or not, you know.,. Ms, Carol Clark: Sir, you were aware of the fact at the time .,.. • ather Gibson: Madam, don't you hear what I'm saying? Don't you hear what I' m saying? Ms. Carol Clark: Yes I hear what you're saying. You saying you didn't know what you were doing but you did when you did it. You jest -- Father Gibson: Okay, I'll wait until you cone back at another time. Ms. Carol Clark: You handle so much public business it's normal --- Father Gibson: Okay, I'll wait until you come back at another time. Ms. Carol Clark: Well, I'm going to have to recommend that they stop construction on that school because this ---- Father Gibson: Well, go ahead and recommend it. Your job is to run schools. Our job is to satisfy the people who live in the City of Miami. Now, if that's your attitude "'hope you all, the people who control your destiny with regard to that ought to know. Ms. Carol Clark:` We have to be directed by the action of the Commission in the matter of the road. And, if it cannot be closed it's foolish for us to continue --- Father Gibson: I just want you to know that, that was not the presentation made here. Ms. Carol Clark: Sir it was. Mr. Grimm can bear me out on that. He had the plans mayor Ferre: Alright, there's a motion by Father Gibson. Is there a second to the motion? would you repeat the motion Father ? Father Gibson: The motion that the Administrative Staff of this City initiate a move to have a meeting with the School Board and the Road Department and have a meeting out there with those people and see if any solution can be arrived at. Mayor Ferre: Alright, Ms. Carol Clark: May I also remind the Commission that on November the 17th this matter crime up and was approved and i waited for an hour after it was approved because I knew the gentleman objecting were in the audience. I waited to see if they were going to say anything, Nothing was said and I had another meeting to go to and so I left, Mayor Ferre: That happens very often here, Now, I think you heard carefully what Father Gibson said, I'm sure you understand exactly what it means and I don't think it requires the action that you implied just a few minutes ago, And, we will be happy to send you a copy of it and I'm sure that the School Board is always happy to meet with the State Road Department to try to find solutions and relief for people, And, I'm sure that oertainiy is not contrary to the policy of the School Board . Ms, Caro. Clark; No, not at all. 41 FEB 1 � Mayor Ferre: 1'U be very surprised thatit would be. So, trarf fore, erased on that positive tone if you would call the roll please. It's been seconded by Commissioner Reboso. Ms. Carol Clark: Would you give us those gentemen name so that we can notify them? Mayor Ferre: I'm sure that our staff will-y I think it's a Matter of goodwill, good faith and I think it's called public relatiohq, which we need an awful let of in this town and more than one place. Call the foal.. The following motion was introduced by Vice -Mayor (ReV.) Gibson, who moVed it.s adoption: MOTION NO. 77-147 A MOTION DIRECTING THE CITY MANAGER TO ARRANGE A MEETING OF REPRESENTATIVES OF THE ADMINISTRATION MEMBERS OF THE DADE COUNTY SCHOOL BOARD AND THE STATE OF FLORIDA DEPART., MENT OF TRANSPORTATION AND IMMEDIATE NEIGHBORS IN THE VICINITY OF MIAMI EDISON HIGH SCHOOL AFFECTED BY PROPOSED CLOSURE OF N.W. 5TH AVENUE BETWEEN N.W. 60 AND 62N1D STREET TO DETERMINE THE ALTERNATIVES TO FINAL CLOSURE OF THAT PORTION OF N.W. 5TH AVENUE. Upon being seconded by Commissioner Reboso, the motion was passed and adopted by the following vote: AYES: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. 16, ACCEPT TRANSMITTAL FROM PLANNING ADVISORY BOARD OF RESPONSES ON MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN. Mayor Ferre: Take up item 16, which is the transmission from the Planning Advisory board of Responses to Comments by Affected Governmental Agencies on the Miami Comprehensive Neighborhood Plan. Mr. Davis: This will be handled by the Planning Department. Mayor Ferre: Who is going to make the presentation? Mr. Fosmoen: Mr. Mc Manus is going to make the presentation Mr. Mayor. Mr. Joe Mc Manus: Good afternoon Mr. Mayor, members of the Commission. Item 16-- Commission is being requested to transmit responses to comments by State Regional and County Agencies on the Miami, Comprehensive Neighborhood Plan. These repsonses have been prepared by the Planning Department and recommended by the Planning Advisory Board by Resolution PAB 10-77, dated February 9th. I refer to the schedule shown here to refresh your memories on where we are in the entire review process.On November 17, 1976, the City Commission received the Comprehensive Plan from the Planning Advisory Hoard and authorized transmission of copies to the Division of State Planning , the Bureau of Natural Resources, the South Florida Regional Planning Council , the Dade County Planning Department. On January 27, 1977 all comments were due back from those agencies on the plan. Again, as I've just mentioned on February 9th, the Miami Planning Advisory Board recommended certain responses and at that same meeting they made a recommendation regarding adoption of the Miami. Comprehensive Neighborhood Plan, That brings us up todate where request is to the Commission to transmit these responses back to the review agencies. Again, let me remind you that a public hearing on April 27,1977 the City Commission will consider their action, will consider adoption of the Miami Comprehensive Neighborhood Plana The material in your agenda foideis contaifs a planning fact sheet, Resolution Planning Advisory Board 10-77 recommending the trans- mittal responses, Exhibit A being the responses, the technical report and a draft City Commission Resolution by which the commission is being asked to transmit all of the above to the those review agencies. Let me go quickly to Rxhi:bit A that is responses which is approximately the third item in your agenda folders;. Its a WI X 11 publication approximately 30 pages in length, On page 9 of that publication, we have prepared responses to the numbered comments., the Pivision of State Planning Department of Administration. Basically I would say this in regard to all of these COMMents by the State Agencies,The'pertain to two factors here, That is the fact of the Comprehensive Plan does not contain certain specificity in items related to the Canal Government Comprehensive Planning Act and also that the various inter -governmental coordinating procedures and methods that we have in Dade County are not sufficiently spelled out. az Returning to page 9 let the quickly 05 over these coffitents. At the time we sent the plan to the Various agencies we thought that that was sufficient in and of itself, The state agencies again haVe requested there is not sufficient specificity ih the plan. We ate therefore ptoposinq to send suppotting docuffient being a technical report. We are hot Pre" posing that the City COMMissiOn adopt this technical report. We would terely forWatd it Oh to reVieW agencies tot theit baCkgrOund infotMatiOn. It's also the contention Of the Division of State Planning that we do not adequately detail out the eConoMiC assumpt- ions a n d fiscal proposals relating to the expenditure of public funds. We have to agree on this and we have said that the precise detailing Of those ed0hOttliO assuffiptions Will aWait a submission of a Capital IffiproVement Program at a later date, Third comment from the Division of State Planning relates to Mass Transit, Port and Aviation Planning and the response is that generally these are functions which are planned and operated by Metropolitan bade cotihtyTheir fourth cotMent pertains to Sewer -Water Planning and Management, Again,our response is that for the most part on a metropolitan - wide basis planning and operation of those functions on the responsibility of Miami. -- Dade Water and Sewer Authority with the City of Miami being responsible for certain local functions. Their fifth coMment generally said that our Conservation Element was not specific. bid not really contain enough recommendations which cooresponded the require- ments of the State Act. We would agree with that comment if Miami were relatively un- developed, if it were rapidly urbanizing and if it were out on the edge of the Everglades. Our response to their comment is though that Miami land area is 97% developed,any lengthy discussion of the conservation is inappropriate. Next comment by the Division of State Planning regards housing policies need to coordinate with Metropolitan Dade county. Response here is that of course in all their housing policies we try to coordinate our effects with those of Little HUD. Seventh comment has to do with the fact that there is not enough Coastal Zone planning El.ement shown in this plant and their response here VIWthat Coastal Zone Planning is actively proceeding on at least three levels of govern (the State, The South Florida Regional Planning Council, and the bade County Plan- ning Department) all at this time and all going on concurrently, is our feild in interest of economy and efficiency and to avoid duplication of effort.Txle City of Miami intends to cooperate with these planning efforts as they unfold, based on the Coastal Zone Protection Element already established in the plan. Next comment had to do as I mentioned before on of the key factors here is Intergovernmental coordination. We re -state and repeat all the effects that have gone into this plan to achieve intergovernmental coord- ination in this very process of review and comment is in fact to arrive at intergovern- mental coordination and further that the city would look forward to a more structured intergovernmental coordination effort. We suggest here either to the Dade League of Cities or through the Technical Advisory Committee established through the State Act. Next comment from the Division of State Planning is that there has been insufficient consideration given to the protection of persons in the event of a natural disaster. We respond here that the Miami Civil Defense Plan updated through 1976 provides operational guidelines for the protection of persons and designates the Fire Chief, as Civil Dellipse Director. The final comment of the Division of State Planning is that Energy cWiderations tend to be superficial and responses that these energy considerations are neither required nor optional under the State Act. Let me now skip over to page 14. Mr. Fosmoen: Joe, I wonder if there are any specific questions with regard to our responses that the Commission may have either to the State or to Dade County or the South Florida Regional Planning Commission. It's a fairly lengthy document, if you wish we could review specific questions with regard to each of the responses with you or perhaps you have our response. Mrs. Gordon: The only question I have is that we are not, you said we're not adopting this, or are we adopting this? Mr. Fosmoen; We're not adopting it today. You're forwarding these responses back to the agencies who have reviewed the plan. Mrs, Gordon; I understand. The question that pertaining to the Capital Improvement portion, that you might have that? Mr, Fosmoen; We're looking at introducing the budgeting process for PY-77.78. Mrs, Gordon; And, would that be acceptable to them that we wait that long before we submit it? was raised by the State Planning Agency when do you suppose, at what later date Capital Improvements Program into your Mr, Fosmoen; Oh yes, The deadline is 79, Mrs, Gordon; 79 that's right, yea, you wrote ,.. we are a 1itt1e 134 ahead of most other municipalities, 14r, Fosmoen; Zate b.t4hea44 thin); that the number of 4gen-ee were Putting ther teeth on the review of our Comprehenoive 144n. FEB 23 Mrs: Gordon: 2 know, because we started in 72 Mt, McManus: CoMMissioher Gordon, for your infortatian some information came into the office today that indicated that 25 of the governmehtal entities within the State of Florida had submitted plans for reVieW tut of a total of 460, Miati being the byafat the largest governmental entity. That was as of January 1st. Well, the state Act really, there's no way of hot accepting it: Mr. FoSMOdh: 'the question is hot whether it's acceptable to the state but whether or not the Commission is satisfied with it. We're simply responding to their inquiries, They don't have a Veto power over the plan. It'S up td this Commission to adopt the plan and whether or hot you feel that it meets the state guidelines, (COMMENT AY MAYOR FED ::. the 2/th) Mr, Fesrnoen: That's correct, Mr. McManus: You'll consider adoption on April 27th, public hearing. Mayor Ferre: Any further questions, you have... On this response to comments is what you were reading from, is that correct? Mr. McManus: That's right. Mayor Ferre: Alright, you've had this packet for a week. I'm sure I would advise for you to keep it so that you will have it on April 27th, so that it can be read and you'll be aware of all of the different things that have been commented. 'Is there further discussion on this? Mrs. Gordon: Joe, are you going to be adding any more specificities as requested between now and that public hearing? Mr. McManus: We think we will answer most of the questions by including this technical report act with the response and I think the Commission has received copies of this. Mrs. Gordon: Oh,uh, we do. We have it here. Mr. Fosmoen: Let me make a point on that Commissioner, if I may, we're not recommend- ing on the 27th that you adopt that technical report. We're recommending that you adopt the bed sheet foldout if you will, but that technical report is backup material to that larger foldout. Mrs. Gordon: You're just asking us to adopt Exhibit A? Mr. Fosmoen: No. You remember the bed sheet foldout ... Mrs. Gordon:Ohl Yes, I know what you're talking about, yea, that map down there, okay, okay, alright. Mayor Ferre: Is there any action that's needed at this time Mr. McManus? Mr. McManus: We have a draft, the City Commission Resolution which is included in your agenda folder. Mayor Ferre: Alright, the resolution reads as follows... sr FEB The following resolution was iiitreeduced by CoMMiSSionet Gordon, who toyed its adoption: PE8OLUTtON NO. 77448 A RESOLUTION Or THE CITY COMMISSION ACCEPTING THE AttPON8E8 RECONMENbtb EY THE LOCAL PLAt Nett" AGENCY A COSY OP WHICH IS ATTACHED HERETO AO MAbt A PART fttOP, 8UEJECT TO Ct; TAIt4 AbbtTIONS ANti iELETtONs CONTAIRED HEREt btRECTItiG THE CLEM TO TRANSMIT THE PESPONSES To THE AF'FEcttb AGENCIES ANb ESTAELISit. ING A PUBLIC HEARING bATE FOR GONs bEttATIot1 or ADORTtON or THE MIAMI COMPREHENSIVE NEIOREORHOob PLAN. (Hete follows body Of resolution, omitted here and oh 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 Rose Gordon Commissioner J. L, Plummer, Jr, Commissioner Manolo Reboso Vice -Mayor (Rev.) Theodore R, Gibson Mayor Maurice A. Ferre NOES: None. V. INTERGOVERNMENTAL COORDINATION SUBSTANCE Aid) ALCOHOL ABUSE PROGRAM NC SERVICES Mayor Ferre: Take up Item #17. Mr. Davis: Item #17 Mr. Chairman was developed by the Planning Advisory Board. They've be- come very concerned over the number of Substance Abuse Programs that have been located within the city by the county agencies. Particularly, in the north east area. And as a result of this a motion was introduced and passed by the Planning Advisory Board which results in the resolution that is before you to ask for the cooperation of Metro in establishing these Substance Abuse Programs as fairly as possible throughout the entire County. Mayor Ferre: Alright would you read into the record... 410Mr. Davis: Yes sir. (READS RESOLUTION INTO THE RECORD, LATER ADOPTED IN MEETING) Father Gibson: Moved. Mrs. Gordon: Seconded. Mayor Ferre: Alright, it's been moved and seconded. Is there further discussion on item # 17? Mr. Plummer: Who are we making this request of Mr. Davis: Metro Commission. Mayor Ferre; Metro Commission, MX. Plummer; Aren't we spinnnq our wheels? Mayor Ferre; Sure. Mr. Davis; Asking for cooperation, pointing out to ahem primarily that . — it's felt that a fair look should be taken Of the distribution of these facilities. (INAUDIAE BACKGROUND COMMENTS . , . ) Mr, Plummer; I go along with this but I also wanted to send for the people who are distributing the money, Mr. Davis; Can't be done. Father Gibson; Alright, Mr, Plummer; ,, no question in mind its hell of a waste, 46 FEB 231977 Mayor tetfe: It's been moved and seconded. Further discussion on item#17 Mr, PluMMer: As amended. Mayor Ferret As afehded. Further discussion, call the roll. Mrs, Gordon: What was the amendment? Mayor Ferret The a tendinefit is that the people from the Alcohol and also be notified so that it isn't liiited just to,, Mrs, Gordon: Okay, Mr. Davis: The resolution now provides for the appropriate distribution Of the resolut- ion, if you wish, Mayor Ferret So, that's Where the amendment comes ih, that it also be sent to the Department of Federal Authorities. Alright, as amended, Further discussion, Was moved by... who moved it? Mr. Ongiet Rev. Gibson. Seconded by Mrs, Gordon, Mayor Ferre: Alright, further discussion, Call the roll, The following resolution was introduced by Vice.-Mayor(Rev.) Gibson, who moved its adoption: RESOLUTION NO. 77-149 A RESOLUTION CITING A NEED FOR INTERGOVERNMENTAL COORDINATION OF SUBSTANCE AND ALCOHOL ABUSE PROGRAMS AND SERVICES; REQUESTING THE ASSISTANCE OF THE BOARD OF COUNTY COMMISSIONERS IN ACHIEVING COMPREHENSIVE COMMUNITY BASED TREATMENT FACILITIES COUNTY -WIDE; DIRECTING THE CITY MANAGER TO OFFER FULL COOPERATION AND PROVIDING FOR APPROPRIATE DISTRIBUTION OF THE RESOLUTION. (Here follows body of resolution,omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the motion was passed and adopted by the following vote: AYES: Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Commissioner Manolo Reboso Mayor Maurice A. Ferre NOES: None. 18 APPOOINT: MILDRED CALLAFiAN AS A MEMBER OF THE ZONING BOARD AND DIRECT THE CITY CLERK TO ADVERTISE FOR ALTERNATE MEMBER Mayor Ferre: Now, we're on item #... Mr. Davis: #18, Mr. Mayor, the Law Department informs me that there are two options possible in this matter at this point. Upon the resolution of Mr. Silverman, the vacancy occurs. It is possible according to the code that the alternate, who is Mrs. Callahan can be appointed without further advertisement. In which case we would have we would have to advertise to fill her vacancy for her, term or you can ask us to advertise to fill Mr. Silverman's term directly. So it's up to the Commission to decide which they wish to do. Father Gibson; Mr. Mayor, let me speak to that, A formal member of this Zoning Board whose opinion l value, Incidentally was not my appointee Jack Alfonso called me and suggested that he thought Mrs. Callahan would be an appropriate choice because of her long service and her attendance at the meeting and she ie very knowledgeable. Any, 1 thought that was remarkable that any individual who was leaving and had no ace to grind would make such a recommendati.on,and l would think that we woiW want to reward people for good and useful service, And, if it can be done I'd rather sae her fill the vacancy and then choose the alternate, Mr, pavis; This is possible in the es de, yes air, 46 FEB 231971 Mrs. Gordon`: Can you MOVe that pathet? Father Gibson: Can If Mr. Mayor, cah I do that`s (INAUbihtt COMMENT) Father Gibson: I said that a formal member, Jack Alfonso, whose opinion I value, who has ho axe to grind eaiied to my attention voluntarily that Mrs► Callahan was a loyal person, and knowledgeable person, and he thought if We were looking for a person it would be nice to appoint het and then have the person who is coming oh be the alternate so that that person could learn Mayor Ferret I think that, that certainly, I know that there are others here that are interested in that zohing position and I tight say to you, I see Mt. Kolski in part'. icular,that the tradition in the City of Miami has always been that we move people along, you know, and that obviously Mrs. Callahan has been as an alternate for many years now and unless she has really done a terrible job, which is not the case, and unless she, you know, were a bad person, which is certainly not the case. The normal thing to happen is that the person in reserve goes into the slot and then the next person goes into that... I think that would be an appropriate way to solve this prob1etn. Father Gibson': I move. Mrs. Gordon: 1 want to speak to that too. I'll second it. And, on the seconding I would like to say that Mrs. Callahan not only had served us well but it's really been a credit to the city from the stand -point of having served as president and having •served even on the state level of Planning and Zoning of the Florida Planning and Zoning Association. And, I think that with this kind of background and this kind of empathy she will be an important part of the permanent board. So, for that reason I second that motion. Mr. Plummer: Well, let me also speak, even though I was in opposition to having what I think someone referred to as a bullpen or substitute pen or whatever you wish to call it but those members who were alternates , was that it? (INAUDIBLE COMMENT) It was my understanding that, that was created for many purposes. One being that if they didn't have a full board,a substitue could step in and could take over and more import- antly to me was the fact that those two people who would be alternates or one person who would be an alternate,would get the experience and the exposure so that the day came they could just moved up into that position and would not have to have any kind of formal training or anything that they would be ready to go to work. And, I believed in that theory even though I voted against the alternate-. So, I would have to go along with the thinking that Mildred Callahan being in that position presently would be normal ro proceed along those lines. Mayor Ferre: Call the roll. The following resolution was introduced by Vice -Mayor (Rev.) Gibson, who moved its adoption: RESOLUTION NO. 77-150 A RESOLUTION APPOINTING MILDRED CALLAHAN AS A MEMBER OF THE CITY OF MIAMI ZONING BOARD. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gordon, the resolution was passed and adopted by the following vote; AYES; Vice -Mayor (Rev.) Theodore R. Gibson Commissioner Rose Gordon Commissioner Manolo Reboso CoMmissioner J, L. Plummer, Jr, Mayor Maurice A, Fevre NOES; None, ON ROLL CALL; Mr, Davis; 1 will therefore advertise between now and the next meeting to fill the unexpired tern of Mrs, Callahan, Mr. Planer; Well, that's 4n alternate, Mr, P4v .s; That's an alternate, 47 FEB 231977 Mr, Plummer: And, do we hatVe to go through the procedures for that? Mr,Davis: The Law Department tells Me we have to. Mrs, Gordon Okay, Move that we adtiertise or what? Mr, bavis: That doesn't have to moved to advertises It's an autottatic situatiots Mts. Gordon: Okay, well then we don't do anything, Mr, Davis: I have one additional item that I would like to present the CoTtftission with if I may, it's a minor item but out Substance Abuse Cotnilittee Which Meets very rarely but it's coMprised of five members has been short a tneMbber, ttev. Harrison, Father Harrison, has Moved out of to for over a year and if the Commission could appoint someone at this meeting I would appreciate it or We can put it oh the agenda for the next meeting, Mrs. Gordon: Well, maybe you ought to put it on the agenda so that we can see which persons are interested who have the ability to serve on that, or had some experience to serve on that, Mr. Davis: Is there anybody you wished now I could do it or I'll put it on if you wish, Mrs. Gordon Mr. Mayor, would you prefer putting it on the agenda for the next meeting? Mayor Ferre: Well, I think that's the proper way of doing it. To let everybody, you know, whoever wants to apply. How many applicants do we have? Mr. Davis: For the Substance Abuse Committee it's not handled that way, it's an informal appointment. It's just a committee Mr. Mayor. Mayor Ferret For the what? Mr. Davis: The Substance Abuse Committee. Mayor Ferret Oh I see. Alright. Mrs. Gordon: put it on the next agenda. Mayor Ferre: Anything else? FEB 977 mit • 19 DISCUSSION rneill SPECIAL MEETING CALLED EY MAYOR FERRE FOR , ) 1977) AT 81A1Mh. TO DISCUSS FUTURE LOURS bF ACTION IN CONNECTION WITH REPORT„... RECEIVED FROM DADE GRAND JURY (RR "UKECUTIVE MEETING" HELD JANUARY 264 )1 Mayor iette: father Gibsdh, I will pass the gavel over to you, ReV. Gibsotn: All right, sir, Mayor Eerre do March 4, we have a hearing before the local court with regards to the meeting that was held on the 26th of January, which we called the Executive Meeting, but commonly referred to as the Secret Meeting.' The fact of the matter is, and we have just gotten from the Grand Jury of Dade County a statement which I have not read. I have seen more or less what it said but I feel for us to continue on this matter, No. 1, is to continue creating a problem, psychologically for the city. Eecause it is like, when are you going to stop beating your mother, Everytitne we start talking about the executive session, it comes out secret meeting. There is no way we can explain or justify, and the fact is, that there is some question on this. We followed, what in my opinion was proper procedure. There was nothing but good faith on the part of out City Attorney, our City Manager and all of us. I am glad to see and I refer to you, I did read this last paragraph. I says 'in view of this there is no basis for the filing of criminal charges.' In the 4th page, the last paragraph, it is my opinion, Father and Mrs. Gordon and Commissioners, I don't think we should contend this matter any further. Mrs. Gordon: I didn't hear you. Mayor Ferre: We should not contend this any further, therefore I move you, that this commission instruct the City Attorney to enter a plea of nolo contendere, which means no contest, on the March 4th hearing and hopefully put an end to this matter. I want to say that I made this statement to the reporter of the Miami Herald about 10 minutes to 5. I wanted to do that because I knew the Grand Jury was coming out, --I thought the Grand Jury might come out, I didn't know for a fact, --at 5 o'clock so therefore it seemed to me appropriate that I make that statement before this report came out which I was not privy to, but which I am at this point making it in the form of a motion. Mrs. Gordon: Did you just now see this report for the first titipe? Mayor Ferre: Mrs. Gordon, on the record, this is the first time I have ever seen this report. Mrs. Gordon: Mr. Mayor I would respectfully suggest that you not ask us to make decisions of any kind tonight. Mayor Ferre: I think it is essential that we make this decision right now, and I stand on my motion. Mrs. Gordon: Well I take the 5-day rule, if you want to go again into the 5-day rule business, this is an absolute injustice to any person on this commission foryou to make this statement without giving us an opportunity to even read this document that has just been handed to me. Mayor Ferre: This document has nothing to do with the statement I am making. Mrs. Gordon: It is a legal decision and I take the 5-day rule. Mayor Ferre;I am speaking to the March 4th, have other reasons, you of all people, unless you Mrs, Gordon; I would be willing if you want to bring it up again tomorrow, to bring it up tomorrow. But for me to take a position, or you to take a position, any of us, to do that at this moment, I think is inappropriate, Mayor Ferre; Let me repeat my statement and motion. I move that this commission instruct the City Attorney to not contend, the March 4th Civil case,(there is no criminal charge), in what is in law referred to as 'nolo contendere', that means no contest, That does not mean that we admit to any guilt. All it says we do not contest it. I think this matter has keen dragged out long enough and I think the City of Miami has enough of a price, We acted in good faith. Let's put an .end to this thing, and put it to rest, There aro those who don't want to do that, and I understand why. but I think this matter is long over with, the position is very clear. We don't want to be oast in a position where we seem to be against the 'sunshine law.' We are not against the 'sunshine law,' I am strongly for it I strongly believe in it, I agree with Senator Claude Pepper, a d I agree with Mr. Stewart Sit en the County attorney who has been asked by Governor Askew to go on that Board fot a constitutional athehdthetit on the 'sunshine laws, that there ate important exceptiotig that need to be placed, l think our case is clear lb that, and 1 completely agree with Senator Pepper in his previous statet,ents when the tatter came up before the Congress of the United States, But think it makes no sense fot us to keep oti beating a dead horse, because in my opinien the only reason this thing continues beyond slow, is strictly political, Therefore t ,hove you, that we do rift contest this matter any further and instruct the City Attorney not to contest this on March'4th. Mts. Gordon: Mr, Attorney, 1 call the 5-day rule. Have I a tight? Mt. Knox: If we are talking about some official action to be taken by the City Commission, you have a right to call the 5-day rule. Mrs. Gordon: I call the 5-day rule. Mayor Ferre: I call a special commission meeting then, on the February, which is 5 days from today, for the specific purpose of position on March 4th. I cannot for the life of me, understand why faith could take any different position unless it is pure, simple, politics: 28th day of dropping our anybody in good unadulterated Mr. Plummer: Mr. Mayor may I clarify one point that you have made so there will be no misunderstanding. As I understand it, this position, is nothing been established by the City, either for, or against at this time, that this was a suit brought about solely on -sided by the State Attorney, and the City has not taken a position. Am t correct Mr. Knox? Mr. Knox: To clarify the situation as it now stands, the State Attorney filed a civil action asking the Circuit Court of bade County No. 1 declare the rights of the individuals under the 'sunshine law.' In other words, amoung the things they had to allege was that they were unclear as to the public's right if you will, to have access to meetings of the City Commission where matters concerning the strategy and tactics associated with a law suit were being discussed. No. 2 they asked for an injunction, to permanently enjoin the City of Miami Commission from holding meetings at which these kinds of matters were being discussed. I wouid have to search the law in an effort to ascertain a manner in which we could not "not contest" the matter. There are several alternatives, perhaps. At the same time, we are the defendants in a lawsuit and we cannot have the lawsuit dismissed on our own motion, not dismissed. The issues before the court are before the court in such a manner that even if we fail to argue the merits of the position that we took on the the City Attorney's advice, the court would still have an opportunity to declare whether or not there is a privilege under the 'sunshine law.' Mr. Plummer: Mr. Knox, that was not my question. My question was, that at this time, this commission has not taken a position. Mr. Knox: I guess not. Mayor Ferre; Mr. Plummer, to that point, I would like to say this, obviously we have all been cited, --we haven't been cited on criminal charges, --this is a civil case. But this is to be heard before the judge on March 4th. We have all been asked to appear there. It seems to me logical, since all of that came about through the action of commission, and through my actions as Mayor, on the advice of the City Attorney, that the normal course of events, would be that the City Attorney would defend our posture before that court. And all I am saying is, for us to get up there and defend this, it is just going to perpetuate something that doesn't need any more perpetuation, The fact is, we didn't intend to have anything which was contrary to the law, or we wouldn't have held that meeting, That the City Attorney ruled on something, that he gave us advice to the best of his knowledge, and this matter has been repeated, over and over again, I don't think there is any need to drag this any further,I think we should not contest it, This commission is not against the sunshine law. We are for it. Let's stop ail of this, Mr, Plummer: Maurice, my point is, at this point today, this commission has not taken a position of whether to fight or whether to say yes we agree, This commission has not gone on record FEB 2 1977 Mayor Terre: The motion I was trying to Make, is to say,.. Mt, Pluffimeti I understand what you ate trying to do. Mayor Terre:= t don't want to fight of disagree. I don't want to contest its Under the law, there is something, a provision, called, you doi.not.cohtest. That doesn't mean that you say you ate guilty, of not guilty. You just don't contest it. And that is the end of it. Hopefully that is what we could pass, in 5 days. I don't see why anybody would object to do right now. That is all right. If somebody wants to drag this out in court and have a 'show=time' and have a little continuation of the circus, that is fine. We will meet on the 28th to discuss this, 5 days from now. Any further disucssion on this item? If not, I do want to read before we close, the next to the last paragraph of this statement from the Grand Jury. "Whereas the sunshine law should be amended to provide an exception, authorizing public bodies to confer in secret with their attorneys, on pending litigation, is a matter for the legislature to decide, -.until the legislature or the courts provide." In my opinion, this a matter that should be heard before the supreme court of the state of Florida, in March and I would intend, in the motion that t will make 5 days from now, to instruct the City Attorney that is the proper place for this matter to be heard, and that at that point he can proceed 11. before the supreme court to show the ambiguity of the law, which is why the City Attorney made the ruling he did, and that the law very badly needs amendment so it will not be ambiguous. Anything else on that action? If not, then is there anything else to come up before this Commission at this time? Mr. Plummer: Moir. Mayor, it's nothing in reference to zoning and... are the television cameras finished? Mr. Mayor, I have a request of the one of the Channels of the t.v. and I have it in writing, so I'm not playing to the press,that these lights the way that they're positioned are horrible and need to be changed and Mr. Grimm they suggest that you contact the four television stations and work with them, rather than against them for proper lighting and I think it's a reasonable request. Mr. Grimm: Well, we moved them forward so that they wouldn't shine in your eyes all day long Commissioner Plummer and that's the only reason. 4110 (INAUDIBLE COMMENTS) Mr. Plummer: Well, what I'm really saying is Vince, that they feel that it was a one-sided decision and I see nothing wrong with you sitting down with four of their technicians. Mr. Grimm: I'll admit it was one-sided... Mr. Plummer; And, try to come up with something that's agreeable to everyone. You want it in the form of a motion. Mr. Grimm; No, no, if you want them moved back, I'll move them back, it's very.... Mayor Ferre; The man didn't say that Mr. Grimm, what he said was to work with the television station so that everybody's... Mr. Grimm; Can I do it after tomorrow's meeting? Mayor Ferre: Sure, of course... Alright, is there anything else to come up before this Commission, if not we stand adjourned' See you tomorrow. ADJOURNMENT; There being no further business to come before the City Commission the meeting was adjourned at 5;55 P.M. ATTSST; Ralph G, Ongie City Cle '4 Natty 1 has ssiseart City Gars MAUAICE !, FERRS Mayor 51 FEB 2 31977 ITEM NO, 10 CITY OF MP -.MI DOCUMENT IND DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT GRANTING EXTENSION OF WAIVER OF DEVELOPMENT OF 6 OF 27 OFF-STREET PARKING SPACES IN CON- JUNCTION WITH 22-UNIT APARTMENT BUILDING AT THE SOUTHEAST CORNER OF N.W. 5TH AVENEU AND 34TH STREET RESCINDING WAIVER OF DEVELOPMENT OF 6 OF 27 OFF-STREET PARKING SPACES IN CONJUNCTION WITH 22-UNIT APARTMENT BUILDING AT THE SOUTHEAST CORNER OF N.W. 5TH AVENUE AND 34TH STREET AMENDING ORDINANCE NO. 6871 APPROVING THE VACATION AND CLOSURE OF THE AL- LEY LYING WITHIN "CRAIG REPLAT OF CORAL POINT TRACT A (77-38) AND DOUGLAS TRIAL GRANTING VARIANCE FROM ORDINANCE 6871, ARTICLE XI, SECTION 3(3) (b) 1, TO PERMIT REMODELING OF EXISTING BUILDING ON LOT 11 AND 12, BLOCK 3, McALLISTER TERRACE CLOSING, VACATING, ABANDONING AND DISCONTINU- ING THE PUDLIC USE OF THAT PORTION OF N.W. 5TH AVENUE BETWEEN N.W. 6TH STREET AND N.W. 62ND STREET ACCEPTING THE RESPONSES RECOMMENDED BY THE LOCAL PLANNING AGENCY, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. CITING A NEED FOR INTERGOVERNMENTAL COORDINA- TION OF SUBSTANCE AND ALCOHOL ABUSE PROGRAMS AND SERVICES APPOINTING MILDRED CALLAHAN AS MEMBER OF THE CITY OF MIAMI ZONING BOARD MEETING DATE! February 23 1977 AC. R-77-142 R-77-144 R-77-145 0020 77-14.2 0021 0022 1. 7-144 77-145