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Home My WebLink AboutCC 1977-09-15 MinutesCITY OF MIAMI 1 NCORP oltATEI) 18 96 COMMISSION MINUTES OF MEETING HELD ON SEPTEMBER 15, 1977 (PLANNING & ZONING REGULAR FETING) PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL RALPH G. ONGIE CITY CLERK 5. 6. 7. 9. 10. • REGULAR PLANNING & ZONING MEETING SEPTEMBER 15, 1977 PUX CITYIO '4SSIOtr OFF MiAMI, 19RIai r SUBJECT SECOND READING ORDINANCE: NO BUILDING PERMIT ISSUED UNTIL FINAL PLAT IS APPROVED AND RECORDED. SECOND READING ORDINANCE: INCLUDE "ESCORT SERVICES" WITHIN DEFINITION OF ADULT ENTERTAINMENT USES. SECOND READING ORDINANCE: ALLOW "PROFESSIONAL OFFICE" WITHIN R-5 DISTRICTS AS CONDITIONAL USE. DISCUSSION AND DEFERRAL OF CONSIDERATION OF RESCINDING OF RESOLUTION 39308 (NIGHTCLUB OPERATION AT SHERATON FOUR AMBASSADORS). GRANT 1-YEAR EXTENSION CONDITIONAL USE - EXCESS PARk- KING LOT 3685-87, S.W. 23 ST. AND 3686-88 S.W. 22ND TERRACE, ETC. ("REX ART SUPPLIES"). GRANT 1-YEAR EXTENSION OF VARIANCE - ADDITION TC 1- STORY COMMERCIAL BUILDING, ETC., LOCATED AT 2261-87 S.W. 37TH AVENUE. GRANT 1-YEAR EXTENSION OF VARIANCE - PERMIT 2 STORY ADDITION TO EXISTING BUILDING LOCATED AT 3925 No. MIAMI AVENUE, WAIVING 11 OF 11 REQUIRED PARKING SPACES. BRIEF DISCUSSION: PLATTING AND RE -PLATTING PROCE- DURES. ACCEPT PLAT: "T. R. SUBIDVISION." DISCUSSION AND DEFERRAL OF DRIVERS LICENSE FACILITY MATTER FOR FI SHOPPINGACTION ON OCTOBER 20, 1977. CENTER LOCATION). QRDINANCE 09 K SOLUTION NO ORD.8694 ORD.8695 ORD.8696 DISCUSSION RES.77-734 RES.77-735 RES.77-736 DISCUSSION RES.77-737 RES.77-738 PAGE NO, 1 2 2-3 3-6 6 • • • • MINUTES OF REGULAR MEETING OE THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON THE 1STH DAY OF SEPTEMBER, 1977, THE CITY COMMISSION OF MIAMI, FLORIDA MET AT ITS REGULAR MEETING PLACE IN THE CITY 'TALL, 3500 FAN AMERICAN DRIVE, MIAMI, FLORIDA IN REGULAR SESSION, THE MEETING WAS CALLED TO ORDER AT 2:40 O'CLOCK P.M, BY MAYOR MAURICE A, FERRE WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: Comm.iss.ione-t. Manolo Reboso Comm.issJ.onen J. L. nummen, Jn. Comm.i.ssionen Rose Gondon Vice -Mayon Theodone Gibson Mayon Maun.ice A. Fenno LSO PRESENT: Joseph R. Grsass.ie, City Managers R. L. Fosmoen, Assistant City Managers Geonge F. Knox, City A.t.onney Ralph G. Ong.ie, City Ctentz Malty Hina.i., Assistant CL.ty C.Penh SECOND READING ORDINANCE: No BUILDING PERMIT ISSUED UNTIL FINAL PLAT IS APPROVED AND RECORDED, AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY DELETING SUBSECT- ION (3) OF SECTION 9 AND SUBSECTION (5) OF SECTION 11, ARTICLE IV, GENERAL PROVISIONS, AND BY ADDING A NEW SUBSECTION (3) TO SECTION 9 AND A SUBSECTION (5) TO SECTION 11, PROVIDING THAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL AFTER A FINAL PLAT HAS BEEN RECORDED AND BY DELETING SUBSECTION (5) OF SECTION 10 AND SUBSECTION (6) OF SECTION 11, ARTICLE IV, GENERAL PROVISIONS, AND BY ADDING A NEW SUBSECTION 15) TO SECTION 10, AND A NEW SUBSECTION (6) TO SECTION 11, PROVIDING FOR THE PLATT- ING OF LOTS IN TOWN HOUSE DEVELOPMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 21, taken up for its second and final reading by title and adoption. On Commissioner Reboso, seconded by Commissioner Gibson, the Ordinance thereupon given its second and final reading by title and passed and by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8694. The City Attorney read the ordinance into the public record and anhOUnoed that copies were available to the members of the City Commission and to the Public. 1977 was motion of was adopted 1 SEP 151977 MEM • SECOND READING ORDINANCE: INCLUDE "ESCORT SERVICES" WITHIN DEFINITION OF ADULT ENTERTAINMENT USES, AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INCLUDING ESCORT SERVICES WITHIN THE DEFINITIONS OF AND REGULATIONS FOR ADULT ENTERTAINMENT USES, BY RENUMBERING THE EXISTING DEFINITIONS OF "FAIRWAY" FROM SUBSECTION (26A) TO SUBSECTION (26-B) AND PROVIDING A NEW DEFINITION (26-A) - ESCORT SERVICE WITHIN SECTION 2 OF ARTICLE II - DEFINITIONS; AND BY ADDING ESCORT SERVICE TO THE USES ENUMERATED IN SECTION 44 OF ARTICLE IV - GENERAL PROVISIONS; AND BY ADDING ESCORT SERVICE TO THE USES ENUMERATED IN PARAGRAPH (35-A) OF SECTION 1, ARTICLE XVI - GENERAL COMMERCIAL C-4 DISTRICT; 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 July 21, taken up for its second and final reading by title and adoption. 0n Commissioner Gordon, seconded by Commissioner Reboso, the Ordinance thereupon given its second and final reading by title and passed and by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner (Rev.) Theodore Gibson. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8695. 1977, was motion of was adopted 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. 3, SECOND READING ORDINANCE: ALLOW 'PROFESSIONAL OFFICE' WITHIN R-5 DISTRICTS AS CONDITIONAL USE, Mr. Davis: Item 3 was the matter with reference to nlacirg husinecs offices in the Charter Club and in other areas zoned R-5. Mr. Reboso: We questioned the possibility last time of including R-5A, is it included in this or not? Mr. Davis: No, it is not. Mrs. Gordon: R-5A, Manolo, would not be the same thing. No. This pertains basically to the bayfront area downtown, Biscayne Boulevard locations. Mr. Reboso: Well, last time they told us was one single lot. Mr. Davis: No, it would include all of those properties zoned R-5 which includes a lot of bayfront property along north Bayshore Drive. Mrs. Gordon: It's a conditional use application so you can't automatically apply it you'll have to have a hearing. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING A NEW SUB- SECTION (5) TO ARTICLE IV, GENERAL PROVISIONS, SECTION 20; 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 R-5 DISTRICT, UPON CONDITIONAL USE APPROVAL; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. SEP 151977 Passed on its first reading by title at the meeting of July 21, taken up for its second and final reading by title and adoption. On Commissioner Gordon, seconded by Commissioner Reboso, the Ordinance thereupon given its second and final reading by title and passed and by the following vote: AYES: Commissioner Manolo Reboso Commissioner Rose Gordon Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre. NOES: Commissioner J. L. Plummer, Jr. 197/, vas Motion of was adopted THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 8696. 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, DISCUSSION AND DEFERRAL OF CONSIDERATION OF RESCINDING OF RES,39308, (NIGHTCLUB OPERATION AT SHERATON FOUR AMBASSADORS) Mr. Davis: nr. "a"or and Commissioners, there's a little history on this. This was before you at the last meeting in July in the form of an ordinance changing the Zoning Ordinance so that it would permit nightclubs in hotels with more than 300 rooms. Since that point discussions have been held between the Four Ambass- adors and the Planning Department and Mr. Whipple will explain the situation at this point. Mr. Whipple: Members of the Commission, as indicated by Mr. Davis we have been in contact with the Four Ambassadors. We have Mr. Berger the legal counsel for the Four Ambassadors here with us today who I believe has handed you his paper regarding the subject. In our discussions pursuant to your first deferral we realized that the amendment as the department had proposed would not accomodate the Four Ambassadors. That's when we had discussions with Mr. Berger and it was basically indicated to us that the nightclub as far as the basic difference, the 5:00 O'Clock hour as opposed to our revised hours now which are 3:00 O'Clock for a lounge was not a critical problem at this point in time but that they wanted to reserve the right perhaps if they could,to have that use later on. So in essence I'm suggesting to you that if we were to rescind your previous action their operat- ion as it is today would continue under a basic license and not a special nightclub license and that is our recommendation to you. I'm sure Mr. Berger has some con- cerns as I indicated but we feel that this would be the proper route. The amend- ment as originally proposed would not accomodate the Four Ambassadors and we be- lieve this is the proper route for the City Commission to follow. Rev. Gibson: I'm not so sure I understand. Mr. Whipple: We have a resolution that was adopted in 1967 which granted a spec- ial occupational license or certificate of use if you will to the Four Ambassadors to operate a nightclub until such a time that an amendment was considered by the City Commission which would allow a nightclub operation in the facility of the Four Ambassadors. Nothing has been done with this resolution, they have been operating under this temporary resolution since 1967 with their nightclub operat- ion. We, when this came to light in checking nightclub licenses throughout the city, we found that this condition did exist and it was requested that we prepare an amendment to be considered. We prepared the amendment, however, we did not realize the Four Ambassadors did not have the number of rental sleeping units by our definition that the amendment was suggesting and would require. They do have the basic 50 rental sleeping units which is necessary for commercial activities they have in the hotel and they do have an excess of 400 transient rooms but a good number of them do have kitchen facilities which do not qualify as rental sleeping units. Mr. Plummer: What you're doing is penalizing them for giving plus items. Mr. Whipple: No, they have a minimum of 50 rental sleeping units by definition in order to have their incidental facilities that they have now, their restauraits and their other commercial activities. Mr. Plummer: What you want to give them, what is the difference? SEP 151977 Mfg Whipple: They are not using,to the best of my knowledge, they are not uti1= icing the nightclub license ability to sta''bpen til 5:00. They could operate under an ordinary lounge and bar license tit 3:00 and that, to the best of my knowledge accomodates their needs. Mr. Berger, however, feels that there is a right that was intended by the City Commission resolution and a right that they might want to utilize in the future if they change their operation from what it is now. So we still feel that the 3:00 is sufficient, this need not have an amendment. By rescinding the resolution it really eliminates any cloud from their operation. Mr. Plummer: What they want for the present setup they can't have. Mr. Whipple: I mean that's the basic subject matter to begin with. Rev. Gibson: Let me say this, I'm not so sure I understand you. Before I say what I want to say I find it difficult for us to be able to tell these people they can't do the business they're doing in view of the fact they've done it all this time. I have some difficulty with your saying they have an inherent right when they had a temporary business. You know that jargon bothers me. Ok, if you say to me we're going to start over, we want these people to be given this license, I would be saying "Bravo!". What I'm saying is I'd go for it. But you know, and I'm even reluctant to put them in the bind that if they go, if our minds are changed and they meet the requirement and they could go to 5:00 for us to take them to 3:00 and then come back here later knowing the kind of a feel- ing most people have in this community about whether you want 3:00 or 5:00 and then let me add I think it must be established once and fcr all we are an inter- national city and either we want to get with it or we don't want to get with it and we don't want to be fooling around here talking about tourism, tourism, tourism today and then tomorrow you know we come lup with another line. You know I think we ought to bite the bullet to the best interest of all so that we who sit up here don't have to come up every thirty days to bite that bullet. Mayor Ferre: Mr. Whipple, let me ask you a question if I may. How many other places do we have in Miami that are allowed to stay open until 5:00? Mr. Whipple: I was going to say twenty. Mr. Plummer: It was 18 the last time. Mr. Whipple: Right in that realm, 18-20 that have nightclub licenses in the City of Miami.... Mr. Plummer: You know somewhere somebody has got to explain to me where every - time we come up with this international flavor we're getting to develop a theory which says that all tourists are drunks. Mayor Ferre: No, all tourists are night owls. Mr. Whipple: Mr. Mayor, if I may respond to Father Gibson's comments, we went further than what I have indicated to you with the idea of what kind of amend- ment would be necessary to accomodate what you have said, leave it at 5 O'Clock. Our proposal before would not do it. The alternatives are, in meeting with Mr. Berger and our Law Department would involving changing several definitions and adding another amendment in the R-5. We considered this, we are of the opinion that this is not a proper direction to do it. We could change the words "rental sleeping unit", "transient" but you must remember also that the term sleeping unit as we've used it in the city has existed since 1937. It has enforcement problems, it has ramifications in enforcement and ability to do things going back a large amount of time and for this reason we felt that the amendment would not, an amendment changing definitions and the like would not be appropriate and that's why we're saying this is the best route at this time. Mayor Ferre: Mr. Berger, I'll tell you my opinion on this is that I sympathize with what you're trying to achieve and I have no objections to the Sheraton Four Ambassadors maintaining a nightclub open until 5:00 or 18 or 20 other people doing that in the city. I'm worried about two things. First of all that we do these things by exception all the time, and you know what's got to be sauce for the goose has got to be sauce for the gander. You can't go around making special little exceptions #1 and #2 I think there is same legal implications in all of this and unfortunately in other areas that if we make this on a permanent basis for you as he says creates all kinds of problems for the city in a lct of other places that we may not want open til 5:00. So we're on the horns of a dilemna and I personally would have to go with the administration's recommendation. 4 SEP 151977 • • • Mt Sid Berger: Well, if you gentlemen would give me a few minutes I think I thi ht be able to illuminate the commission somewhat. My name is Sid Berger and 1 have represented the Sheraton Four Ambassadors since we started this project in 1967. At that time we opened up Birckel1 Avenue. Brickell Avenue could have gone to a class street which we think it is or it could have gone to an 8th Street honky-tonk which it is not. I think we are partly responsible for that thrust. In 1967 having built these four large buildings we asked for a resolution which would permit us to operate a nightclub and that was granted until further action of the commission, theory being that at some point the commission would find a more permanent way to solve the problem which was fine with us. We proceeded for ten years to pay our license fee and to operate, we've had no violations, we've had no trouble of any kind. This is a fine first class hotel operated by one of the major hotel chains and we have continued on that temporary basis. The reason we're here today is that someone decided that this temporary should be over with and we should have a permanent arrangement to accomodate the Sheraton Four Ambass- adors and to give them a license. Now the thrust of today's action is exactly the opposite of what we started out for. We started this situation to accomodate the Sheraton on a permanent basis instead of which the resolution today is to cancel a ten year old resolution and put us right back where we were and kick out the nightclub license. I don't think that is an intelligent approach. I think that this hotel with more than 400 rooms is entitled to have this license. I agree with Mr. Whipple that we probably can live without it but we are a modern facility, we have some conventions that would like to have late night entertain- ment several times a year. I don't think we'll go out of business without it but we're here to provide as much in the way of facilities and entertainment as we can to attract the public into our hotel. The problem here is that this com- mission is operating on a 40 year old definition. The trouble is not with us it's with the definition. The definition is 40 years old. If it would dwell on a large number of units, 400 units, if it would dwell on the bonifide transient character of the hotel I'm all for it but somebody got a little over energetic and said sleeping units shall not include any kitchen facilities. Modern 1977 hotels frequently do have kitchen facilities. The trouble is not with the hotel the trouble is with the definition. A11 they ought to do is knock out one phrase that says not including kitchen facilities because we have refrigerators where you can put cold drinks and fruit. We have a sink in there, you can use it for a bar, you can use it for waste and it certainly is a good accomodation. There- fore, my suggestion is the following: (1) That you do nothing and we will con- tinue until the city is ready to revise its definitions. I have discussed this in a very friendly way with Mr. Whipple and they are planning to revise these definitions and to revise the term "sleeping unit". So one solution is to wait until that happens and we'll go on another year on a temporary license. That's one solution. The other solution is to amend the definition now and you have all the safeguards with 400 units, you have all the safeguards by dwelling on the transient character of a bonafide hotel which certainly qualifies us. All that I'm suggesting is that you take out these excess words which give you no benefit and no protection because they are old fashioned and they don't apply. Mayor Ferre: Mr. Berger, in the interest of time... Mrs. Gordon: Excuse me, Mr. Mayor, the amendment is not before us today. The only thing before us today is the rescinding of the resolution. Mr. Whipple, I don't see what the urgency is to rescind until we have the other matter before us at the same time. Mayor Ferre: In the interest of time since I sense the sensus of this commission I would recommend, Mr. Whipple, that what we're trying to do, I think we're in agreement as to what we're trying to achieve what we're concerned about is the way of achieving it. Therefore, unless you're ready to give us the new language that we should apply today which I assume you're not then I would recommend that we not rescind the resolution. Mrs. Gordon: Just defer this item until such time as you have .... I move that. Mr. whipple: Mr. Mayor, if I may just as a clarification, the specifics regard- ing amendment change were referring to the overall revision of the Zoning Ordin- ance. As you know we have a consultant that is working on that. It was not speci- specifically to this item but overall. A new Zoning Ordinance might have definit- ion and other regulations that would be applicable to this. Mrs. Gordon: Ok. The way I see it, this has been here for ten years it can be here a little longer until we get a clarification. Mayor Ferre: The motion is that this be continued. Is that right? 5 SEP 151977 Mt, ter eta Yes. Me. Plummer: No, don't do that, take no action, Mayor Ferre: Do we need to pass anything at all then? Mr. Plummer: Take no action. Rev. Gibson: All right, we take no action then. Sir, does that satisfy yowl Mayor Ferre: Well then you don't need a resolution. All right, thank you Very much. Mr. Berger: I'm perfectly satisfied and I'd be very happy to meet with Mr. Whipple or anybody else just to bring this out to a permanent and proper solution. 5. GRANT ] -YEAR D(TENS I ON CONDITIONAL USE - EXCESS PARKING LOT 33685--87, S.W. 23 ST. AND 3686-88 S.W. 22ND TERR „ ETC. (REX ART SUPPLIES) Mayor Ferre announced that the mission was now ready to hear anv objections to Item #5. No Objectors Appeared. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 77-734 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE CONDITIONAL USE GRANTED BY ZONING BOARD RESOLUTION NO. 35-77, AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1 (6)(b), TO PERMIT CON- STRUCTION AND OPERATION OF AN EXCESS PARKING LOT ON LOTS 44 AND 45 LESS N 10' AND LOTS 52 AND 53, BLOCK 6, MIAMI SUBURBAN ACRES AMD (4-73), BEING APPROXIMATELY 3685-87 S.W. 23RD STREET AND 3686 S.W. 22ND TERRACE, AS PER PLANS ON FILE, AS AN ACCESSORY USE TO REX ART SUPPLIES AND A PROPOSED TWO-STORY COMMERCIAL BUILDING, SUBJECT TO THE DEDICATION OF 10' STRIP ON S.W. 22ND TERRACE, AND THE POSTING OF SIGNS FOR RIGHTHAND TURNS ONLY ONTO 37TH AVENUE: IN CONJUNCTION WITH VARIANCE APPLICATION; ZONED R-2 (TWO FAMILY). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr., Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: NONE. ABSENT: Commissioner Manolo Reboso. SEP 151977 Gam' 14.YEAR EXTENSION OF VARIANCE ADDITION TO 1-STORY COMMERCIAL Bt ., ETC./ LOCATED AT 2261-87 S.W. 37TH AVENUE; The following resolution was introduced by Commissioner Gibson, who MoVed its adoption: RESOLUTION NO. 77-735 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE GRANTED BY THE ZONING BOARD RESOLUTION NO. 36-77 FROM ORDIN- ANCE NO. 6871, ARTICLE XXIII, SECTION 4(32), TO PERMIT CON- STRUCTION OF A TWO-STORY ADDITION TO AN EXISTING ONE STORY COMMERCIAL BUILDING, AND CONSTRUCTION OF A PROPOSED TWO STORY COMMERCIAL BUILDING ON LOTS 46 THROUGH 50 LESS N 10' OF LOT 46, BLOCK 6, MIAMI SUB ACRES AMD (4-73), BEING APPROX- IMATELY 2261-87 S.W. 37TH AVENUE, AS PER PLANS ON FILE, WAIVING ALL OFF-STREET PARKING (63); IN CONJUNCTION WITH CONDITIONAL USE; ZONED C-2 (COMMUNITY COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner Manolo Reboso. 7, GRANT 1-YEAR EXTENSION OF VARIANCE - PERMIT 2 STORY ADDITION TO EXISTING BLDG, LOCATED AT 3925 NO. MIAMI AVE.) WAIVING 11 OF 11 REQ'D PARKING SPACES, The following resolution was introduce? by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 77-736 A RESOLUTION GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE GRANTED BY THE ZONING BOARD RESOLUTION NO. 40-77 FROM ORDIN- ANCE NO. 6871, ARTICLE XXIII, SECTION 4(27) TO PERMIT A SECOND STORY ADDITION TO THE EXISTING BUILDING ON LOT 11 LESS W 10' AND LESS THE N 2" OF THE E 2' AND LOT 12 LESS W 10', BLOCK 1, BILTMORE COURT (7-37), BEING 3925 N. MIAMI AVENUE, AS PER PLANS ON FILE, WAIVING 11 OF 11 REQUIRED OFF-STREET PARKING SPACES; ZONED c-4 (LIBERAL COMMERCIAL). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT; Commissioner Manolo Reboso. SEP 151977 81 BRIEF DISCUSSION: PLATtING AND IRE=PLafittuc PROCEDURES, Mr. Robert Davis: Item # 8 for pouf inforcation if yoU need any, we're here t answer any questions. Mr. Fosmoen: This was a question that was raised by the commission. Mayor Ferre: This is a question of procedure, I've read the memorandum, t Mite no questions. Are there any questions? Do we need any action? Mr. Fosmoen: No, sir. Mr. Plummer: No action is needed. 9. ACCEPT PLAT: T. R. SUBDIVISION, The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 77-737 A RESOLUTION ACCEPTING THE PLAT ENTITLED T. R. SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI, FLORIDA, AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT, AND AUTHORIZING THE CITY MAN- AGER AND CITY CLERK TO EXECUTE THE PLAT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the following vote - AYES: Commissioner Rose Gordon Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Mr. Reboso. 10, DlscussION AND DEFERRAL OF DRIVERS LICENSE FACILITY MATTER FOR FINAL ACTION ON OCTOBER 20, 1977. (CENTRAL SHOPPING CENTER LOCATION), Mr. Plummer: Item flO, 'fir. Mayor, ✓ou charged me with the responsibility of holding a hearing in the Grapeland Heights area. First let me thank all the peo- ple of Grapeland Heights for their help in not only providing the space for the city but to arrange for it, in particular to Mr. Whipple who represented the City and the department who also was nice enough to write this report for me. We did, in fact, have the meeting, Mr. Mayor. I don't know whether you wish for me to read this into the minutes or how do you want me to handle it, sir? Mayor Ferre: Well, why don't you just tell us the thrust of it and submit the rest of it unless you can do it quicker by reading it. Mr. Plummer: The responsibility or the charge of the meeting, Mr. Mayor, was to see if, in fact, there was any way humanly possible to come up with a compromise trying to answer any and all questions. And Mr. Mayor, it was adamant on behalf of the people of the neighborhood that they under no circumstances wanted the opening in the wall. I will say for the record there was a great deal of feeling that if this commission in its stupidity - and I think that's the way one speaker put it - did allow that wall, for God's sakes put it at the intersection. What is that Jasper, 38th? Thirty-eighth. That if we were stupid enough to allow that opening that we put it at 38th Avenue. Mr. Mayor, I'm not even going to thank you for giving me this responsibility but I think it was a good meeting. You were represented by Mr. Cobo who threw the meeting into a tizzy, Father Gibson who kept everything in left field. So Mr. Mayor, the meeting was held. Unfortun- ately there was no middle ground and I think that reports to you about as best as I know how. Mayor Ferre: All right, does anyone want to speak to'it? If not, I don't think there is any action, I don't hear anybody wanting to take any action on it so this commission is now adjourned unless anybody has any Sure, you can dis- cuss it, always. There is nothing going to happen unless you want... You want 8 SEP 151977 to saki Sonething? Where's always the problem of over selling. You've got to be dareful of that. UNIDENTIFIED SPEAKER: I know all about that. Excuse me, Commissioners. We al- ways speak after the other side speaks and that's why we're confused. Are we supposed to speak? Mayor Ferre: I don't think so, I don't think there is anything that is going to be done. UNIDENTIFIED SPEAKER: This is just a report on the meeting. Mayor Ferre: That's all unless somebody wants to move otherwise. I don't think anything is going to happen. UNIDENTIFIED SPEAKER: All right. Mr. Plummer: Well, let's have the record clear. Ok? Mr. Mayor, I assume that it is understood by this commission that.... Well excuse me that's not true either, Mr. whipple, it is scheduled today for discussion not for action. Ok? Now, I want it understood for the record I'm not saying which way I'm going to vote. By no action today of this commission you are, I hate to use the word threatening, but you've been told in no uncertain terms that that facility is probably going to be moved out of the City of Miami. I'm just making that for the record that everybody understands where we're at. Mayor Ferre: Any futher discussion? Mr. Grassie: Commissioner, recognize that this item was advertised and this has been deferred on a number of occasions. Mr. Plummer: Well, I disagree with you, Mr. Davis. Read me what it says on the agenda. Mr. Davis: The agenda states it's for a discussion regarding the Drivers' License facility. However, this was advertised this way in the three papers and notices were sent to all people concerned as a discussion. However, this being a contin- uation of the situation all the way through if you wish. The Law Department .... Mr. Plummer: Well, Mr. Davis, the normal operating procedure of this procedure on a discussion item at best is to set a date for action if that is what the com- mission wishes to do. There is a big difference between taking action and dis- cussing it. We are always accused around here of discussing things too long. If you want to say something please do. Mr. William Graymeyer. ... the wall, we feel it necessary and either egress or ingress either one. ... Mr. Plummer: Father, there was no middle ground on those people. We explored Father everything you can explore. Whipple came out of left field with ideas and you know we tried to take a road around the bank, we tried to take a road around Zayres we tried to take a road everywhere just to see if it was possible and I think these men who were on the opposite side will readily admit that those people were still adamant in their objection. They did say, the underlying current, if you're foolish enough to vote against us please make sure it's at 38th Avenue which is the intersection rather than where it was proposed to the east of the intersection. We went through everything conceivable and some I say were out of space and they were adamant. Now let me say one other thing. Ok? And I'm not trying to sway anybody on this commission, I want you to know that basically there were about 18 people there who were in objection, 18-25. Is that a fair figure, Jasper? It was maybe 40 people there total. ... Ok. All I'm trying to say, Jasper, trying to be fair and draw a real picture that maybe in Grapeland Heights there are 400 homes, that only 25 came there to object but all of those who were there and spoke objected. Ok. Mr. Jasper Andre: Commissioner, may I remind you that we did offer a compromise. Mr. Plummer: Oh, you offered three or four compromises, yes. I'm not putting you down, I'm speaking to the objectors.' The charge of the commission to me was to try and work with the objectors to see if there was middle ground. Yes, you offered three as I recall. Mr. Fosmoen: Just as a point of clarification, does the commission wish this brought up for reconsideration at a future date? There is a wall where the hole was and it will stay there unless this commission changes its position. S E P 1 51977 • Mt. Plummer: And they will move if this commission doesn't do ao anything.set it fNowan- what do you want? Do you want to .forget about it, do you want other hearing? What do you want to do about it? Ok, somebody has to take the bull by the horns. I will make a motion at,,this time that this be scheduled for the 20th of October for a final decision. Because as itstands dsen foit'sts atnt aand deferred status, right Bob? ... But it was originally s it was deferred. Mr. Davis: It was originally scheduled as a proposed amendment to the resolution which built the wall. Mr. Plummer: Yes, so in other words the eiononly nway d ylyyou're se egoing ,to bring it to an end and close the door is to a Mr. Davis: This could be brought up at any time whether it be October, November, December. Mr. Plummer: Yes, but I'm saying until you have that meeting you're not going to conclude the item. Mr. Davis; That's true. Mr. Plummer: I make a motion that it be scheduled for October... My motion says that this be heard and brought to a final conclusion so these people can either suffer or rejoice. That's what it is. Mayor Ferre: All right, there is motion on the floor. :Is there a second that this matter be brought up for a public hearing for final determination on November 17th? The following motion was introduced by Commissioner Plummer who moved its adoption. MOTION NO. 77-738 A MOTION ESTABLISHING THE DATE OF NOVE1 ER 17, 1977 FOR THE HOLDING OF A POF LIC THE DRIVERSHEARING AND FINAL DETERMINATION OF THE DISPOSITION LICENSE FACILITY LOCATED AT CEN- TRAL SHOPPING PLAZA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote - AYES: Commissioner Manolo Reboso Commissioner J. L. Plummer Commissioner Rose Gordon Vice -Mayor Theodore Gibson Mayor Maurice A. Ferre NOES: None. Mrs. John Gentry: May I say one thing for the record? I'm Mrs. John Gentry. We had our meeting June 1st and on that day from 3 O'Clock unwatil ln8we y abouthfive ad 40 eeanand e a half inches of rain at the airport. That's why thereout of 400 homes, we would have had many more, just for the record. Mr. Plummer: I agree, and while you say that let me go beyond that point. The Public Works Director is not here but what is the north street of that there? Is that llth Street? Mr. Grassie, sir, I strongly suggest that you have someone investigate the serious problem of no drainage on that street. I came down that street and there must have been 12 cars drnd out and that is aseheavily used d street on the north side of the shop„ gowefaG into that. I'm glad you brought that up. THERE BEINGs.NO•FURTHER BUSINESS TO COME'CLEFOREP.MTHE CITY COMMIS- SION THE MEETING WAS ADJOURNED AT 3:5 Maun..Lce A. Fenne MAYOR ATTEST:141ph.G. _Qn .ie CITY CLERK Natty H.ina.i. ASS I STAMP CITY C:LE' K SEP 151977 WE — IF ITEM NO. 1 2 3 4 5 CITt! OF MItAMI DOCUMENT MEETING DATE: INDEXSeptember 15, 1977 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CI1'Y CLERK REPORT GRANTING A ONE-YEAR EXTENSION OF THE CONDITIONAL USE GRANTED BY ZONING BOARD RESOLUTION NO. 35-77, AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6) (b). GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE GRANTED BY THE ZONING BOARD RESOLUTION NO. 36-77 FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4(32). GRANTING A ONE-YEAR EXTENSION OF THE VARIANCE GRANTED BY THE ZONING BOARD RESOLUTION NO. 40-77 FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4(27) ACCEPTING THE PLAT ENTITLED T.R. SUBDIVISION. COMMISSION ACTION R-77-734 R-77-735 R-77-736 R-77-737 RETRIEVAL CODE NO. 77-734 77-735 77-736 77-737 l; Mg- 1- zr-