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HomeMy WebLinkAboutM-76-0601appraisal ti investment corporation ® florida �',r!tl� 1 MPS 1 1 ■ 1 1 1 ■ ■• appraisal investment ririg corporation florida June 16, 1976 Mr. W. H. Taylor c/o Sams, Anderson, Alper and Post, PA, Concord Building - 7th Floor 66 West Flagler Street Miami, Florida 11111 Iles, Mr . \V. II. I ,ryloi In accordance with your request we have made an investigation, examination and analysis of the property located at: The Northeast corner of the intersection of Grand Avenue and Margaret Street and bounded on the North by Florida Avenue, Coconut Grove, Florida, for the purposes of estimating the environmental impact of the proposed development of said tract as a Burger King restaurant facility. As a result of our investigation and analysis as set forth in the attached report, it is our opinion that the proposed use possesses amenities cornpatable with the surrounding environmental influences. It is our further opinion that the proposed use is in conformity with the goals and objectives of the C-2A Zoning Ordinance of the City of Miami. JL/Ivh Respectfully submitted, APPRAISAL AND INVESTMENT Corporation of Florida JOHN LUKACS, IFAC President PROPERTY ADDRESS 3275 (,rand Avenue 3280 Florida Avenue, Coconut Grove, Miami, Florida LOCATION The Parcel subject of this zoning application occupies the Northeast corner of the intersection of Grand Avenue and Margaret Street, and the Southeast corner of Margaret Street and Florida Avenue in the area of Coconut Grove within the city limits of Miami, Florida. This location is in the westerly periphery of the central commercial area of the Coconut Grove community. 1 1 1 1 A w ■ ■ ■ ■ ■ ■ w MARGARET FLORIDA AVE. J 5 A n 8 ., 7 r 6 II 5 I 4 50 3 ' / �{• Q` 13 9 10 11 12 13 14 501 ., 11 11 .1 11 50' Mc DONALD os v`'. OFF GRAND AVE. SITE SKETCH 8 O' FLORIDA AVE. IO ZONING SITE SKETCH 1 10 DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION Lots A and B, and Lots 6 to 12 inclusive, Block 21, FROW HOMESTEAD AMENDED according to the Plat thereof recorded in Plat Book Pi, at Page 106 of the Public records of Dade County, Florida. PHYSICAL DESCRIPTION The subject site is irregularly shaped having the following dimensions: Grand Avenue Margaret Street Florida Avenue 250 feet 190 feet 200 feet containing a total area of 42,500 square feet. The land is generally level, of coral rock subsoil composition and is vacant except tor several major oak trees and Casuarina (Australian) Pine trees. ZONING The southerly 90 feet of the parcel, containing 22,500 square feet, lies in the C2-A zoning district. The northerly 100 feet containing 20,000 square feet lies in the R-1 zoning district. PUBLIC UTILITIES The site is serviced with public water supply, electricity, telephone and sanitary sewers. til'RLIi l' lr\ti'lzovl.M[N i' Chanel is a nr•il;liborhood connector with two asphalt paved driving lanes in each direction, concrete curbs, gutter sidewalks, planters, storm sewers and street lighting. Margaret Street is a service street to the immediate neighborhood with single lanes in each direction. ■ LOCATION: DATE: GRAND AVENUE AT MCDONALD STREET 4 / 1 /69 8/29/73 5/14/74 EASTBOUND 4541 4386 5097 WESTL3OUND 5096 5412 4614 TOTAL 9637 9798 9711 LOCATION: GRAND AVENUE AT DOUGLAS ROAD an DATE: 5/3/67 9/4/73 • i• • • IV EASTI3OUND 3693 3752 WESTBOUND 5380 5864 1/28/74 3617 5488 TOTAL 9073 9616 9105 1911 ow ENVIRONMENT The site lies along the westerly periphery of the central commercial area of the Coconut Grove community and is at the Westerly extremity of the C- 2A zoning district boundary which adjoins the C-4 zoning district continuing westerly on Grand Avenue from Margaret Street. The surrounding area is part of the Coconut Grove community, characteristic of the rolling high ridge of land with improvements extending to the early development era of the City of Miami. Neighborhood improvements include a mix of commercial, residential, and institutional uses with the primary commercial uses oriented along the frontage lands of Grand Avenue. The general surrounding land mass is primarily single family residential in nature with scattered pockets of medium density multiple family residential uses and low density cluster developments. Property maintenance within the single family residential communities is generally good while property maintenance in the cornrnercial and high density multiple family residential areas in classified as fair. The business uses oriented to th^ central district surrounding the intersections of Commodore Plaza, McFarlane Road, Mary Street, and Grand Avenue are characteristic of the early century architectural stylings prevalant in the early growth period of the city. These business uses have experienced a current and continuing development transition, maintaining a personality or character perpetuating the historic image of this community. Land ieies along (.rand Avenue het,.vee•n Douglas Road (S.\V. 31th Avenue) and McDonald Street (S.\V. 32nd Avenue) a distance of one half mile, arc improved with a diversity of neighborhood retail, service and residential uses, frequently with combined uses occupying the same site. Structures range from early to late economic life and present a wide range of construction materials and maintenance conditions. Frontage lands between McDonald Street (S.W. 32nd Avenue) and Mary Street are in►piovr•d with .r variety of retail firms, service facilities and institutional .i.es with (militia scs c,n pedestr ian oriented business. v 111a NI - ' I. .•-'-e,, /,„,, .1„.1.,1'„,„1. :7"7;',1,..: t. --- .---------.-'=- - -.:.. 7.—.-.-_-_-_,.-...-..------ P". 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HT I!! 1 :J - R-211 4' a —_ — A A PIN PROPOSED USE The application for variance and conditional use is to permit the construction PO of a "fast food" restaurant facility of the I3urger King copyright franchise to be located upon thr' portion of the site lying within the C-2A zoning district ION and off street parking (including a portion of required and excess parking) to be located upon that portion et the site lying within the R-t zoning district. The proposed building improvements are identified as a I3K-22 restaurant facility with a seating capacity of 106 persons, of brick veneer construction • with shingled mansard roof treatment. The structure is oriented to the Southwesterly corner of the site with provisions for an outdoor dining plaza Tying to the East of the main building. The balance of the site is utilized for landscaped yard areas, asphalt paved driveway entrance and exits and asphalt paved and landscaped off-street parking facilities providing a total of 43 spaces. LIMITATIONS It The requested use is specifically made subject to the requirements of Article XIV-I (neighborhood commercial C-2A district) and pertinent provisions of Article XXIII of ordinance 687l, the comprehensive zoning ordinance for the City of Miami. Additional conditional impositions of limitations of use include: a. Limited ingress ,irvt egress to (;rand Avenue; limited egre tic only along Margaret Street except for emergency y or service vehicles. MIR b. Construction of visual barrier to incltr_te masonry wall and dense landscaping along the northerly periphery of the off-street parking facility to minirnize noise and site pollution. c. Construction of visual barrier in the way of naturally landscaped berms separating the customer dining facility from the parking area and orienting the dining to the Grand Avenue exposure. d. Elimination of vehicular access to the site from !Margaret Street except for emergency or service vehicles thus encouraging departing traffic to proceed southbound on Margaret Street to Grand Avenue. This will be enforced with an installation of ,► "left turn only" sign placed at the driveway exit on the Miargarct Street side. e. A limitation on the hours of operation of the business enterprise to no later than 11.00 o'clock P.M. Pa • CONCLUSIONS Examination of the proposed site plan, nature and type of construction of the building improvements, examination of the surrounding neighborhood R influences and characteristics indicate a compatible relationship of the proposed use within the immediate neighborhood. The liberal zoning of C-4 • lies in the block immediately west of the subject property and is serviced by the use of off-street parking facilities in the single family residentially zoned !ands immediately west of the subject property indicating a precedent for the subject use i.e., the Southwest corner of Florida Avenue and Margaret Street is utilized as a walled off street parking lot in coniunctior; with a three story apartment and commercial complex to the • South fronting on Grand Avenue, • ••• 91114.0.e..10 ow, •••••••••••., 190 -t- /2 775? 1 0"u r 062 k 1 , Arit:Fmr,,rwolloPIRITIIIMET111111grinFIFITIMPIII „ 1' 7- 1; L7 T:1 t P1C: C- •'',*;') 4. . , t ,,•••. • `," 4 •r• • • • • • • a p••,,to-t- , - •••• %, • • . 4 A... • Ilr,0111111111q114111Pimm r11111111911nipr JU, = 17 ! 1,;-r,.v r'A T,.;,. f t Tr t `4t!K'r_ THE r r ". •\rt + THE • �.." s !IN 7 t Is A r pcp I' r1 � •, ," T eft Ju, 1.i t) • 1^:*Ec;EST ilmimmosmiiiiilli normhill II-_.1I11■I111I11111IIIIIII [10 1r (2 D2) - 10 ci71 T- 0 "A\ ** APPli0= NO:SE 7,17_7t:C:TION PP.C.7=7, 7-.1! 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MFIN 1,111,11m,. 1111 ,11 I. - • - 1 li i Ilvip111111111!1,f4riplqmill! 0° 1 4 ERJ • 40444 +44 0/ le fin me 00 4 • moo 4, 1I '!!I'I IIij'V !III'I I! !! I!P!!P [NI . • , • #$°'‘ egt fig 4111 44, tp\ 1 4 qMPPRWIIRSIIIMMIRMA C amaiNINIIMMINSIMIX MOM /2-1j\ipti "ftab. fs*. s 4 64 4 $s 4 o.—y '.P"!!1l111ml! !'!1 ! I RI '1' JAMES Prr7 rCNITECT r GO 4441 RR4I .4 4R!I-. N4K opplowil l''',111141.!!!1.1,i1191111111111111,1,111!ilir:'111'11,1,1171!!,mrltrirrT,,, 111111 1.1'111111 111 1111111'INTIAN,Vilirrii'lrh,lliflt. Ilv.4,11, "r rTo P7 r .N ' 1;P w , I▪ M▪ O illu�limmquiriM1111111 4 1 ?t_ ',11" -4 _ •11; = • R P. JNEX 2 k' !!' IC, '2 4 e r ty-- NO DATE DRAWN BY REvISION BY CHECKED BY •,.•••••••••••.•,•re•••••••fum•••egrrIEVVrarrrtMlrr. NOTICE THESE PLANS ARE THE APPROVED BURGER KING CORPORATION PLANS AUTHORIZATION TO MOO IFY THESE PLANS OTHER THAN QL* D BY LAW MUST BE OBTAINED THROUGH THE DISTRICT MANAGER BK- '.2 HCF WITH Or IVe-114Ru BURGER KING RESTAURANT BRGER BURGER KING COF P 0. BOX 520783, BISCAYNE At MIAMI , FLORIDA 33152 III .11 hi 0,110i ••••••••••••, - 1' •••••••••• CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDI. t TO: FROM: Honorable Members of the City Commission P. W. Andrews City Manager DATE SUBJECT• REFERENCES: MAY 21 1976 Fit E• City Commission Meeting: June 17, 1976 ENCLOSURES: ZONING BOARD FACT SHEET PETITION: A) Request for variance from Ordinance 6871, Article XXIII, Section 4 to permit construction of a Burger King Restaurant at approximately 3275 Grand Avenue Lots B, 9, 10, 11, 12 Block 21. Frow Homestead AMD (B-106), waiving 19 of 30 >. equired off-street parking spaces, zoned C-2A (Special Community Commercial). and Request for conditional use as listed in Ordinance 6871, Article V, Section 1 (6) (b), to permit use at approximately 3280 Florida Avenue Lots A, 6, 7, 8 Block 21; Frow Homestead AMD (B-106) for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue with no opening on Florida Avenue; zoned R-1 (One Family). EXPLANATION Conditional use would permit off-street parking to be accommodated on subject lots in conjunction with variance to waive (19 of 30) required spaces to principal site on Lots B, 9, 10, 11, 12, Block 21 Frow Homestead located at 3275 Grand Avenue. APPLICANT: Willie II. Taylor - Application submitted fecernbcr 10, 1975 i �I.�:�i'�.`it.�•.f I Il'..1.'1\!. i _.:t'.:'� i )ivi'ioN: APPROVAI. SUBJECT TO SITE PLAN APPROVAL: Conditional Use off-street parking on the R-1 site would permit development to meet the C-2A off-street requirements without injury to surrounding properties. Conditional. Use lots to be setback twenty (20) feet with landscaping and access restricted to principal site. 1 o fi• d.,7c -- 6 O/ 11onorable Members of the City Commission ZONING BOARD RECOMMENDATION: At its meeting, ; -._arch 8, 1976, Miami Zoning i;t,a:d adopted Resolution ,. '9-76 'ny a 5 `---ot&i DENYING for Conditional t._u Resolution :'.H 48-76 by aa :') rote DENYING c:u s: or Varianca. DESCRIPTIVE 3 i CH: li _ L, . f �klCA ZIA*,E fr �. ((�-177„I,,11 I .� • _J I t . !�}- t,v�s a. � _ .ai 1 1 L ! A�iJ �` `L- � ! I 1 I I i, `I j I I 1 .\.„ �\ II I 11 III II i`, � r - • }+—� �!'� I 1 f-! rt f-. , ,-. " , -i-r-i-!-i i i 1 : i1J'! 1I 1-- \\,� QIiff of Ifiiami, jltr ii P -a aid Fd'' ../ Honorable City Commission Attention: Mr. P. W. Andrews City of Miami, Florida Gentlemen: March 23, 1976 ret VARIANCE - DENIED BY ZONING BOARD APPEALED TO CITY COMMISSION BY THE APPLICANT: Willie H. Taylor Approximately 3275 Grand Avenue Lots B, 9, 10, 11, 12, Block 21; FROW HOMESTEAD AMD (B-106) The Miami. Zoning Board, at its meeting of March 8, 1976, Item 42(a), following an advertised Hearing, adopted Resolution No. ZB 48-76 by a 5 to 2 vote DENYING request for Variance from Ordinance 6871, ARTICLE XXIII, Section 4, to permit construction of a Burger King Restaurant on Lots B. 9, 10, 11, 1.2, Block 21, FROW HOMESTEAD AMD (B-106) , being approximately 3275 Grand Avenue, waiving 19 of 30 required off-street parking spaces; zoned C-2A (Special Community Commercial). Three objections were received in the mail. Seventeen objector:, were at the meeting. Fifteen in favor of this item were present at the meeting. Four return notices in favor of this item were received in the mail. A RESOLUTION to provide for this Variance has been prepared by the City Attorney's office and submitted for consideration of the City Commission. cm Z. M. 46 Attached: Minutes cc: Law Department Planning Department NOTE: Sincerely, ia Robe t A. Da , Director Department of Administration Planning and Zoning Boards Planning Department recommendation: APPROVAL SUBJECT TO REVISED LANDSCAPE PLAN. Tentative City Commission date: April 22, 1976. 1 2 3 4 5 6 7 8"JUG' 9 DO! to FO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF MIAMI, FLORIDA: Ordinance s truction Block 21, PORTIVE LOW" RESOLUTION NO. A RESOLUTION GRANTING A VARIANCE FROM ORDINANCE NO. 6871, ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF A BURGER KING RESTAURANT ON LOTS B, 9, 10, 11, 12, BLOCK 21, FLOW HOMESTEAD AMD (B-106), BEING APPROXIMATELY 3275 GRAND AVENUE, WAIVING 19 OF 30 REQUIRED OFF-STREET PARKING SPACES: ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL) DISTRICT. WHEREAS', the Miami Zoning Board at its meeting of March 8th, 1976, Item No. 2(a), following an advertised hearing adopted Resolution No, ZB 48-76 by a 5 to 2 vote denying a variance from Ordinance No. 6871, Article XXIII, Section 4, as hereinafter set forth; and WHEREAS, the applicant has taken an appeal from the denial of said variance to`.the City Commission; and WHEREAS, the Citf,.Commission, notwithstanding the denial by the Zoning Board, and after careful consideration of this matter, finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary hardships would impair the owner')s right to the reasonable use of the property without the variance granted as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CO "DOCU(11Eid ITEM O. Section 1. The request for a variancNe 7777 SS, QMT- kF THE r? No. 6871, Article XXIII, Section 4, to permit con - of a Burger King Restaurant on Lots B, 9, 10, 11, 12, FROW HOMESTEAD AMD (B-106), being appr6xim• e y'3275 Grand Avenue, waiving 19 of 30 required off-street p.Pking spaces; zoned C-2A (Special Community Commerci ) Dist : be and the same is hereby granted. PASSED AND ADOPTED this ATTEST: CITY CLERK MAYOR , 1976. PREPARED AND APPROVED BY: -Ny �...=.t , MICHEL E. ANDERSON), ASSISytyNT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOHN S . LLOYD, CITY TORNEY 2. APPROXIMA"I'I;I,Y 1275 rMtAUD AVENUE Lots B, 1, 1') , 1 1 , 1 2 ; Mock 2. l ; FR!)w HOMESTEAD r1t1D (F3-1.06) (a) Variance from ,)refinance 6871, ARTICLE XXIII, Section 4, to permit construction of Burger Kinq Restaurant on above site w.-;i.vinq 1') of 30 required off-street narking spaces: Zoned C-2A (Special Community Coma ;-cia1.) and APPROXIMATELY 1280 FLORIDA AVENUE Lots A, 6, 7 and 8; Block 21, PROW HOMESTEAD AMD (13- 106 ) (b) Conditional Use as listed in Ordinance 6871, ARTICLE V, Section 1(6)(b), to permit use of above site for excess off-street parking in conjunction with Burger Kinq Restaurant proposed to be constructed at ,approximately 3275 rr.and Avenue, with no opening on Florida Avenue; Zoned It-1 (One F.ami ly) . Note: Item 1ef(7rred from <;oninor i3n,ird meeting 2/23/76. P1,ANNI;Jt'. DEPARTMENT RECOMMENDATION: APPROVAL, SUBJECT TO REVISED LANDSCAPE PLAN. In accoriance wi t i tT Board's decision to defer this matter pursuant to readvertising revised parking variance con- current: '.. ith redesign of expanded sit' for off-street parking, a revised plan has been accomplished which meets the spirit of the C-2A district. Based upon proposed use of the property (restaurant) and its subminimal frontage ninety ((40) feet, together with the applicant's program of forty (40) i:ar}: i;iq "paces that could not be accommodated on the principal site under the C-2A provisions, we believe the grant for conditional use and the parking waiver will rt-f-fig be injurious to surrounding properties. S1.V]N OBjECTOle, TO THIS ITEM WERE PRESENT. k'I`ji'TI:F'N IN FAVOR OF THIS ITEM WERE PRESENT. 'mote: '\ppr.o>_imately ten more objectors to this item arrived later, but were not included in the count. tlr. Dean: Alright, Mr. Rooney? tr. Jnoney: With the exception of the readvertising, the Department has not changed its position on this particular item. We have recommended ape -oval in the past and we are recommending approval this evening, subject to the submission of a revised landscape plan for the site in question. Mr. Dean: Alright sir? State your name and address for the records. ^1r. Olin: My name is Randy Olin, 6638 S. W. 112th Court. I have spoken to you several times here before and tonight I don't intend to go over and over the same things we've talked about. Many of our people that have ''een here for the previous three meetings were unable to attend tni•Iht, but I'm sure that you remember the good points that they hrou-iht ur. .shout the approval of this particular property. ;,hour the only chancey that ''ve had -- I talked to an M.A.I. appraiser who 1 conc,erni n : the va.!ue of the properties in the general area, of what he t_howtht t:. i•, development --how it would affect the property values, etc. etc. i .:)oke with Ted Slack who is an M.A.I. appraiser here in Miami. He has soon the iropert . We have talked about it. He has seen the I)l ani 4)' iurger I;i.n<. and he was unable to attend tonight but he said several Things that I would like to tell you -4- March 8, 1976 Item 2 ZB tonight, from an appraiser's standpoint, what he feels the value of this property is. His opinion is that seeing this kind of development on Grand Avenoe, at 1275 Grand Avenue, indicated to him that the Grand Avenue restoration process has begun and property values historically will rise as this proeress begins, not only '. ',siness property but residential property. So that's basically all I have to say tonight recognizing that the people-: that are not here tonight have voiced their approval; the business people in the area have voiced their approval; adjacent landowners, business people have voiced their approval; Coconut Grove developer, Ken Trei.ster, has voiced his approval, and many of the area's youth have .stood up to voice their approval. i ask for your approval tonight and if there's --- the objections -- if there's anything I can discuss with therm I'd like to be called back up to rebuttal some of their statements if that's the case. Mr. Dean: Tklright. Are VOu for? '•frs. Aettncr: My name is Elizabeth Bcttner, 3189 Florida Avenue. I won't go into ---I've been up here so many times for this same thing, so we won't repeat it. 13ut 1 will say this: I'm working with the Community : evel onment Program and at our last meeting, there was some discussion about our cc-ming year. They have advised they think it would !Jo a wonderful idea to start on Grand Avenue and use our coming year's fund'; for that. But the Burger. King going in there now, that'll take care of BloeJ: 31 without using any of our Federal funds. I think it w. l l start the -ac•velopnent on brand Avenue. So as I said, we're planning on remodeling Grand Avenue, developing that all over there and I thin: this is a big beginning for us and will give incentive to other people c'n the block there, I mean, t'le whole street really. Arnnthc•:- t'-,.nr, I understand "The Pippin.'" which was across the street -- t:-. "'ve already none out of business so they're not there anymore. That was one of the o;. jectors . I think it's a wonderful idea and I to i nk we should commend our teenar,rrs for taking the stand they have. We have some here again with us tonight because this is going to be their future not us old people here. We're not going to be around to Ste this Burger King that long. But this is their. future. What happen:. en Grand Avenue wi ' 1 be their future I think. So I'm hoping you will approve this. Thank ,you. 'Ir. Dean: Alright. Anyone else for? 'Is. Redstone: I'm Irene Redstone. T'm an attorney and live at 801 South Bayshore Drive. I and that lady and Mr. Olin have spoken three times on this and I'm not going to repeat it. I think that the Commission, the Board understands the situation. I reel that we really should be grateful that we have something this nice to be on Grand Avenue and as you'll novice, the people building are willing to go along with our ideas of Coconut Grove, how it should preserved. I hope that you will vote favorably on this tonight. Thank you. Mr. ".y•n: Alright, anyone else? Anyone else? Alright, we'll listen to th')st in opposition. Those in opposition to the application? Those against the application? Yes sir. Mr. Daw: Yee . My name is John Law. I live at 3155 Florida Avenue and the last two times I was here, I spoke in favor of this development, if you'll remember that.« SU©P�^ iivE Mr. Dean: Yes sir. Is -5- March 8, 1976 Item 2 ZB Mr. haw: I'm somewhat ambivalent ghost it. but I've gone over this in my own mind. I've even spent time going to see the City Planning Department and I sat down with the Walter 1:tling Company, etc. Basically, I said I w.i; in favor of the development providing it fitted in with two criteria, satisfied two criteria. First, that the develop- ment fitted in eth the general character of bu::, ine ss that one wanted to see in the Gre e as .an extension of what elread.y here. Second, I was concerned t o see that the negative sitar: e f farts would be adequately compensated for. : ow the point is, if Burger King was prepared to accept the C-2A zoning requirements as I understand them, on the lots which front on (rand Avenue, and to go along with remote site parking, then we would not be here tonight. We're only realli considering the acquisition of these residential lots as parking lots as I understand it. That's the root cause of this discussion. now ire the negative side effects of using it-1 lots for commercial parking })many adequately considered and compensated for? Within thin question, i. suggest that there are three things that we have to decide. To start with, does the (trove want to lose lots which are zoned for r,-rs:uences to a commercial parking development? Then, does the cen : ereion of these lots to parking negatively affect the residents already in the area? Finally, does the proposed plan adequately compensate for the negative influences, that is, if you should go elone witrl it? Let ee look at these in order. With regard to the question of whether thy'. ;rove wants to lose residential lots to commercial development even if it is, in theory, only for a limited time under a conditional es.:, 1 would tend to say "no". T' ee been fortunate to have travelled tnrouehout the world and 1'ee soon urban development And renewal projects all the way from Russia through Europe to the Far i:aet. 'There aro few countries which have eliminated central urban slum probleme. In f.lct, there are only four that 1 can think of. In each case t. he:;e .•(:nt-i e ; have development policies regarding their city's ct?n,''r`; `..hi.ch eeinody two setore et least iv my understanding. They insist on e mlx el lend eeee in the central areas which includes res Thn t i_a l ho h:;inn end they adopt , t r tnrl'ent measures to protect that central iie;i'; i ne from encroachment. The se•':'oncl thine is that they reject absolutely the policy of low-cost housing for the disadvantaged. They've almost none 1.00% in favor of building high quality housing and giving rent sunsidies. Now I';>- not going into the ramifications of this policy bat I've merely pointed out that we in the United States have been less than successful in my opinion in stopping the decay of our central cities into slums. Thus 1 would ask the Board Very seriously to consider whether we should permit the development which will remove housing lots from the scene and can act to devalue existing property. '1'th i e brinrts me to the second question. t' il. l the development of a parking lot on this site neeatiVPly trtect the :lousing which is already there' Hut before I start in on this one, I mast mention the very commendable effort:, which the Walter Etlinq Company has made in order to compensate for what they assume to he the undesirable side effects. There's not much question in may mind other than that these people who live ci' this :street, on this efretch of Florida Avenue, are in fact: qoi n'; to rye negatively affected ...n some way. I speak from some experience since I live on a stretch of Florida Avenue which runs to the ea: t:. of ' cl)onald. Here several of the residents on the eastern end have been affected })' negative ill.` luence of development which has been, in 'ey eei nion , ;)ccr 1';' pi anne'J> and bad.1 y managed. The net result of that development !Ile eeen ,1 decline in the c ;editions under which we live and the decline in the value of our ?x-Dper!rty. . Now this is debatable, but in my ca';e the tax assessor assessed the . L..: a iihe ii; value at 10%, and in the case cd another person by something in the region of ivE OJ ! -G- March 8, 1976 Item 2 ZB 201 . epenk i nq for myself, I feel that people in :: ueh eon-.l i tions arrl negatively affected by development in this way and tend to feel that they've been 'ripped oft ' . It's a very unpleasant reeling. Part cat ghat 1 wnn+r• 1 to :;:Iy here tonight in concerned with trying to ,;r,e t_hat. neighbor:; ,f mint` on the other side of '1c1)ona ld do not suffer the same thing. loubt that there are many people here tonight that would welcome the development of a Burger Vi; parking lot right next to their property. Each and every one of vr•, cep look into your awn hearts and r.ay how you would react if suddenly a Burger King parking lot was coming right next to your residential property, yet here we are discussing doing this to somebody else. if we look at the house on the end of Florida (Avenue) ---I think it helongs to Mrs. McQueen, it's a two-story Cr3 house, it's maintained in excellent condition, probably better maintained than mine and most people would be happy to own it, and it would be an asset to any residential neighborhood. I'm referr. inci , of course, try Mrs. McQueen' s property. Now here comes a parking lot, a commercial parking lot, which is part of a thriving business next door to this house. What_ happens? Well, first off, the residential house is no Longer part of a residential block. It's tucked in with a commercial parkinq lot. Second, instead of ',_einq able to look forward to the eventual construction of a neighboring house with neighbors, the owner i; isolated. Thirdly, the rhythm of the owner's day will no 1on:-ter he that of a residential area but she will march to the rhythm of a commercial enterprise. The noise will start when Burner King opens and :.t will finish when it closes at 11 o'clock at night, every night of the owner's life. This May sound an exaggeration but in my house, we're no./ awakened daily at 7 o'clock by noise from the public ,aar}: pla-:ed on our property line, which noise continues until 1O :Ors or 1 1 : 1') at night, every night of our. lives. Further, unless Burger King comes up with a new way of lighting parking lots, this house will have no nioht , only day as the light from the lot lamps flood into the house. Traffic o,1 the etreet wi 11 almost certainly increase as r'eoole short cut threucrh Florida when heading northeast from Margaret t2,ereet exit, or cut c)ff to the west from McDonald to avoid the traffic light on errand. So there's not much doubt in my mind that the roe;ident•; on this street are going to suffer varying degrees of loss r.roe this development. ':'his bring ne tp the pee nt. i raised last time and I didn't 'Let an answer. Maybe there isn't one. The point is simply this: does the City of Miami have any formal system for assessing the damage done to people Ly a development and instituting compensatory programs for the relocation and/or reimbursement? Now 1 eome to the third and final question that I posed at the outset. i)oes the proposed plan adequately compensate the negative affects of the proposed development? Pere again I must say that I don't think that it doee. .'wain I recognize that Walter Etling and the engineers have really tried. Firstly, let me say something about this practice of holdin:l u,1 plane in front of meetings such as this, and I speak from experienf-e. I'm not an expert in this matter. Judging from the way in which the park development on my own street was h ndled , any e i mi lar i ty hetween a ;:len held up ac ar example of what is intende,1 and what rival t; result:; i'- kind of chancy. In my case, the c'i.t' drew up plans of a passi".re area wi th a pathway and a few tables and chai ram, for rr'oele to ' i t aril eat lunch at. What we now have in fact i r; two tennis:; eourte lighted hv 10,000 candle -power search lights, miles r .1-oat chain link Ceneinc- and a children's playground. It's really ratfheI" lie fjoin7 out C)f the house to l,uy a cadillac and cominc hme w2 th a sac i: of r,otatoee . ;ow when we rr pror;osal last week, I suggested that thin e :.ee ti:o height of any proposed wall are rather important. In reply, 4C. c i i that the wall .:ouici 1-_:r_! 6' or 7' high. Now it's either eoino tr, r,' er 7'. A G' wall is something somebody can look over. :A 7' wa? : they een' t, and an 8' wall is even better. "s'jPP,"^-r j' F, F• & ;, r�' -7- March 8, 1976 Item 2 .) .�r ,� Z B Aq in, it's really rather like asking a captain of a plane where he's heading and being told "well, I'm going to New York or Baltimore". In other words, we really should know what's going on. As I Say, this seems to be very typical of the free way in which plans are interpreted. Once the go ahead has been given, it's something I really find very difficult to ar:ept. The proposal as it stands has been recommended Ly the City Plar:nine Department and I spent some time trying to figere out why. fne of the reasons given, or at least I believe (eerhaps you can cr':reet Ile if I'm wrong here) was that it will help to alleviate the parking problem in the Grove, and I find it very difficult to follow this line of reasoning. I assume that Burger King is putting in parking spaces for the use of its own customers, not t" provide free parking for people doing their shopping. I assume that Burger King would take steps to see that non -customer's cars are kept out. If they don't, then they're going to be in the same situation as the local Postmaster with whom I talked and who regularly has a lot full of cars, one customer in his store and ten irate people looking for somewhere to park. Further, I find it difficult to believe that the idea of C-2A zoning was really merely to move parking from the front of the ;tore and :?lace it to the back where it interferes with private property. My interpretation of the C-2A zoning and again, I'm not an expert on this, but the concept is that it is designed to encourage the 'i:;e of off -site parting and extend the use of ground floor pedestrian shopping which is such a pleasant feature of the Grove. Now Burger King does ha- : some stores in the United States which fit in exactly with this concept in that they have no on -site parking and they rely totally on walk --in traffic. Such a facility here would fit in perfectly with the C-2A concept and without interferinc with the k-1 zoning, :lilt I can well understand the reluctance of the proposed franchisee to no for this type of facility. After all it's his money -- it's a bier risk, and Bereer }inc has built its success on catering to the motorized _ nblic with a :yet formula. In mitigation, I would say one thing. 1 was in 's Deli - Pizzeria which had no ran -site parkincr. There is parking around him but he's going '.Teat: reins and that's mostly, or It seemed to be, walk-in traffic anyhow. So pereonally I. must say that in the final analysis that I do not think that the attraction of more cars to this area (particularly when we're thinking in terms of mass transit and getting people out of cars, and the provision of more on -site parking to handle them) is desirable. hut- in order to get things going on Grand Avenue and heaven knows we need it, I would go along with this development subject to the Board requiring both Burger King, the City of Miami Planning Depart- ment and the people in the area to come up with a firm plan which will be adhered to and which includes changes in the street itself. Such changes might be, for example, blocking Florida Avenue or Margaret Street; elimination of non-resident parking on Florida; guaranteed noise and light levels and etc. Thank you. 'tr. loan: Alright, thank you very ruuch. Anyone else? Mrs. Dinkins: Good evening to the Planning Board Members. :-iy name is Grady Lee Dinkins and I live at 3201 Florida Avenue. I'm sure that it is important enough for me to go over for the fourth time the points that. 3 have given to you in oppcsing the Burger King at 3275 Garand Aver..ie and to chancre the zoning at 3280 Florida Avenue, Lots 6, 7, R and Block 21, to build a parking lot. I'm not sure that I'm correct but if I am wrong, I'm sure that you can correct me. I thought it was a law in the City r,f Miami that you are not supposed to build a wall over 6' unless it's in the back, and I mean that that one shouldn't be over F'' . Of course if you :gut a. wall along Florida Avenue it wouldn't he in the i)ack at all. It would be on the front and seemingly that would be ;against the law to put a 6' wall - r 7' wall on 'i r"! .r.a1 /p.r Dr, -8- March 8, 1976 Item 2 ZB Florida Avenue. Oh! A 3' to 4' wall? On Florida Avenue? You could put that there? Well, what about 6'? It is permitted for 8'? I just would like to know, when I was here the last time I said that we wouldn't like to have the Purger King because we feel that it would decrease, the value of our property and we would have .rdditional traffic problems, addit'.onal pollution and increases of crime. When I say increase of crime 1 mean .ill of the ki.l lir;•, and rapings that take place, especially of women, in parking lots. Jr': had them to happen all over Miami and even at I)<idc- Junior College. 1 feel that the noise that would be filtered through from that burger King restaurant to us would be uncontrollable and we wouldn't be able to !stand it and it would affect our health, and then all of these large gangs of people coming there wouldn't be good, and it would change the image of our whole block and would cause slums to exist there. I just don't believe that after the Burger King is built there that it would be kept because I went out Saturday morning again and looked at Burger Kind;-- I looked at the hedges and everything that was around them and they're not being kept, not as well as this one is proposed to br. I don't know why this one is so different from any other one. I do wish that Mr. Ed Slack could have been here tonight to speak for himself as tar as the value of our property is concerned on Florida Avenue so I could have heard from him and not second -handed. I sti1l oppose the construction of the Burger King and changing the zoning I rom ►'- 1 one -family for a parking lot. I feel that I have sumo rights, too and this is just rong to allow an outside group to come in and change the zoning nn or street to allow them to have a Burger Kind restaurant there when there are plenty of other places they could put it. I do pray that this Board has enough compassion in your heart tonight for us who live on this street, and pray you will deny this petition completely. :.lent' you very much. 'r. jean: 1mot me clear up one point. It's not a change of zoning. 'i'hey want a conditional use for parking. t'lrs. Dinkins: Well we don't want a conditional use. Mr. Dean: I. just wanted to correct that. Mr::. Dinkins: Well, I'm sorry, Mr. Dean, but a parking lot is just a parking lot whether you change the zoning or just use it for a conditional use for the next twenty years. i)ean: They're requesting that. We haven't actually... :lrs. Dinkins: I know. What I'm saying, I pray that you will act in our favor. 'Phan!•. you. Mr. Dean: Thank you very much. Alright, next? No one else? Alright, we'11 revert bac!: to you sir for a few minutes' rebuttal. 'ir. olin: I think that, y,►u know, T can leave it to the discretion of the Commissioners up here, many of the things that were said, etc. about the property. 1 thine: it would be a great mistake not to nerrnit -omc development that is ouch its tht ; on Grana Avenue, saying, from the .iiagr-trn, what they plan on doing on that vacant piece of property that's nrn' full cif can; and gluts:: and papers and everything else. I think more than anything that what 1.;ts there now would more resemble at 111: than '.hat lrl. .. iu ill'. thinks would resemble a slum when we put a Salyer :ing r!, there. 1 don't. :r,oe how she 'sin h t::e the tact that Burger King restaurants ar.. dirt'.' or whatever -- I've Peen in many i:urger Kings and "SUPPORTIVE DOCU nt �'� i S Fper. (Ll S G �i�� `_%.L�1'i -9- March 8, 1976 Item 2 ZB I think they're very well kept. You can't have the name like the Burger King Corporation and run a rat' , nest so I just leave it to your vote and I cer.tainl•, hope you will approve something like this because I think it's certainl.' needed in Coconut Grove. Mr. I;en r.: A 1 r i el: t , thank you very much. We'll close the public hearing and have discussion among Board 'Members. Mr. Alfonso: 'Mr. Chairman? Mr. Doan: Mr. Alfonso? :1r. Al ion .o: Mr. Chairman, I believe that the best thing that could happen to that :Avenue is that the Burger King moves there. However, considering the conditional use they are seeking, it's not For excess par.kinr:; it's to provide nineteen parking spaces they're asking to he waived of the commercial load. I believe there is no legal hardship to justify granting this variance hut would be a special privilege that we're going to confer to Burger King. I learned that a long time 'co. Wry don't say "don't build"; we :;ay "build right according to the `pool. " . Even though I know I wi 11 bc' the only no to this r p1ic.Ition -against this application, this is my feeling and this is the way I ' m going to vote -- no to this application. :ir. .)eaan: Alright. Anyone else? Alricht, there being no one else, the Chair i:; ready for a motion, on Part 2 (a) . All at one time. 1 :i rt :'. ( a) , grant to permit construction of the Burger King restaurant. Rev. 1 ' 1 1 move it. '1r. Dean: Alri-ht, portion (a) was moved by Reverend Johnson. Is there a second? Mr. c ort : +gnat's the motion? :Mr. Dean: Ile rnovea to approve Item (a) . Mrs. I:asila: Are there any conditions attached to the motion, Reverend Johnson? :1r. Dean: Just what the Planning Department recommends. :1rs. Well it was brought up last time -- I believe the Burger King opens until 11 o'clock, and the concern of the neighbor- hood about anybody entering that -- I would like to see some kind of a gate put uo for closing time if the use is granted. Also, regarding the lights, I know they have to provide lighting according to the City Code but certainly they should be constructed in such a way that the lights will not possibly flash into the rooms of the homes there. How that can be clone I don't know. Mr. Dean: I think you're speaking to the (b) portion of it. Mrs. Lias i la : CAI, I beg your pardon. Well, I would like to voice that anyway at this time. :lr. ftr.•is: If I may, Mr. Chairman, with regard to the. lighting, the Zoning ordinance provides that lighting will not glare in any residential window, literally. This can be covered without any further conditions if you so wish. 'tr. bean: :fright. Do I take it there's ri second to Item (a)? Mrs. Lasila: 1 would second it with the condition that there would --that that lot could 1,, closed up after certain hours. tiJr . Mom*' ` r. -10- March 8, 1976 Item 2 ZB Ar. Davis: A chain -type lock, or a chain across that? What time Wr]3 this,, Madam? Irn. 1,.►!:i 1.,: When the place cicy,es .and I believe that's o'clock at night. ls th•,t_ correct, sir? Mr. Olin? t1r. Olin: (Nod; in the affirmative). Mr. Dean: 'Aright, now that's your second to Item (a)? Mrs. Iasi la : Ye;; sir. Mr. Doan: Alright. We've got a second. Other discussion? Mr. Silverman? Mr. :Iilverman: Mr. Chairman, I'm a little late hut can I ask the applicant to count off the eleven spaces that are on the front lot? I don't see eleven there. Thank you. (Mr. Olin counts them off on the sketch for Mr. Silverman) . :1r. Silverman: Yes, the trees hid four of the spaces. 'tr. :jean: Alright, will you call the roll on Item (a)? Mr.. Davis: The motion on Iterr. 2(a) is to grant, subject to approval of the Landscape plan by the Planning i)enartr,ent and subject to a chain being put across t:he access at 11:00 P. M. everend Johnson offered the following motion and moved its adoption: MOTION :10TIOI; 'i'') GRANT VAARIANCE FROM ORDINANCE 6971, :\PTICLE XXTII, SECTION 4, TC P!;PJlIT CONSTRUCTION OF BURCLR KING RESTAURANT ON LOT:' ! , q, 10, 11, 7.2, BUCK 21, FROW 1fO1'.];7TE%D riMD (I1-106) , EL1:;G APPROXIMATELY 3275 GRAND AV1:NUE, WAIVING 19 U:' 30 REQUIRED nFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL CO!L•1UNITY CO:11ERCIAL) . Upon being seconded by Mrs. Basila, this motion failed by the following vote: AYES: Reverend Johnson, : me. llasila. NAYS: '1e :,rs. :;ilverman, Gort, Alfonso, Dean. M;nc. Burn. Mr. 1)avi.s: 'lotion fails, 5 - 2. We'll have to have a motion to deny, 'tr. ''l:airrnan. 'tr. Dean: '\1 right, then a motion is in order to deny. Item 2 (a) . Is there a motion? You offered a motion, Mrs. Baro? 'r .. .'aro: Ye.., . :tr. ,;lfonsc : 1 ,econd it. Mr. Ooan: ri iht, seconded by :tr. Alfonso. Other discussion? Being none, call tLe roll. Mr. Davi::: :-lotion is to deny. "SUPP n17,-1-1% iri 1••, tr 1 i r 7 :_ Jt_.', -11- March 8, 1976 Item 2 ZB No objections were receivrd in the mail. Mrs. Baro coffered the following resolution and marred its adoption: RESOLUTION NO. ZB-48-76 RESOLUTION TO DENY REQUEST FOR VARIANCE FROM ORDINANCE 6871, :ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF BURGER KING RESTAURANT ON LOTS B, 9, 10, 11, 12, BLOCK 21, FROW HOMESTEAD AMD (B-196) , BEING APPROXIMATELY 3275 GRAND AVENUE, WAIVING 19 OF 30 REQUIRE OFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL) . Upon being seconded by Mr. Alfonso, this resolution was passed and adopted by the Following vote: AYES: Messrs. Alfonso, Gort, Silverman, Dean. ' ime . Baro. NAYS: "1me. I3i ila, Reverend Johnson. Mr. Davis: The motion is denied, 5 - 2. Mr. Dean: Alright, is there a motion in order on Item 2(b)? :1r. Davis: We should have a motion on this for the record, Mr. Chairman. Mr. Dean: I'm calling it now for the record. Alright, moved by Mrs. Baro to deny... Mr. Alfonso: Second. Mr. Dean: :seconded by 'Ir. Alfonso. Other discussion? There being none, call the roll. adoption: Mr. Davis: The motion is to deny Item 2 (b) . No objections were received in the mail. Mrs. Baro offered the following resolution and moved its RESOLUTION NO. ZI3-49-76 RESOLUTION TO DENY REQUEST FOR CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE V, SECTION 1(6)(b), TO PERMIT USE OF LOTS A, 6, 7, 8, BLOCK 21, FROW HOMESTEAD AMD (B-106) , BIING APPROXIMATELY 3280 FLORIDA AVENUE, FOR EXCESS OFF-STREET PARKING IN CONJUNCTION WITH BURGER KI'1G RESTAURANT PROPOSED TO BE CONSTRUCTED AT APPROXIMATELY 3275 GRAND AVENUE, WITH `1i) OPENING )N FLORIDA AVENUE; ZONFD R- 1 (()NI:. FAMILY) . Upon being seconded hy 'Ir. Alfonso, this resolution was passed and adonte'l by th., following vcty: (Contined on next nage) . -12- March 8, 1976 Item 2 ZB Af[S: Messrs:. Alfonso, Gott, Silverman, Dean. Imp. Ram. NAYS: Mme . Ras i. la , Reverend Johnson. Mr. Davis: Motion is denied, 5 - 2. Mr. Dean: Alright sir, your application has been recommended for denial. fir. Davis: Sir? You have the right of appeal to the City Commission. "SUPPORTIVE E VOL: Y i • -13- March 8, 1976 Item 2 ZB 4. (a) 410 IPPRWIMATELY 3275 GRAND i'VENW. Lots B, n, 10, 11, 12; Block-7Y; FROW q0:1ESTEAD AMD 03-t06) Variance irolo )17-dinance 6871, ARTICLE XXIII, Section 4 to permit construction of TAarger King Restaurant on abovo .;itr, waiving 6 of 1) required off-street parking hacri; C-2A inecial Ccy'imunit': Commercial) and A1'PDXI1ATE1 29,1 FLORIDA AV1:NUE Lots A, 7-, 7 anT T; PROW :1(YIESTFI\D XV.) (B-10() (1)) Conditional TThe as listed in t)rdinance 6871, ARTICLE V, 5ecticr 1(()(!..)) 11'.-;e of above site for excess ofe-htreet parking in con-lunction with Burger King Rehtauraht propod to hr, conhtuucted at approximately 327-2 Grand :,ivenue with no (1)(ining on Florida Avenue; ';t•,te:1 ferred from Zonir,7 Board meeting 2/2/76. rrretary rile! croof. ni aWlinistert!d oath t') all oulAication of Legal Notice of Hearing and persons tehtifyinq at this hearing. =11T=TTON: APPROVAL, SUBJECT TO iriaccoTirc JT ee ion to delay a decision pursuart t. the acgitl,ition r:,f Lot A, Dloc',. 21, and the redosima FiLe for off-street parY.ing, a iit1plished which neets the spirit_ W.L. theJI ct.'''ased 1:non proposed use of the rL: (rehrant) and its subminimal frontage tcgether with the applicant's program of .7;)aces that could not be accommodated on th,. .w,C!,..ir the C-2A provisions, we believe th (In: for nse :1.1:; not be injurious to surroumlin,1 Droportici. VE (M:1-17=0E 70 T!fl: WERE PESENT. Mr_ ''.1rigt, Ir. .)oc)ney? Chhirmnn 1:11 ,lembers of the Board, if you will rf-call at r!eetng, it ,:!as the Department's recommendation that the applIcant aclire Lot that lot on the corner of iargaret :3tret, in fler to ‘1.id redevclo;:ment for renidential purposes in the future lnd could ac::,-)mmodate ample parking on site to the nilit )f t '-2A :1istrict. .:(.71 will 1-caii 111.:7 property is zoned LH-21 wfolvIL t Coconut Master Plan which requires approximatel' (;,f- frnt.1;-, put into retail use or plaza arol. Sjic.je tilere in a , ch this site of 90', we feel that the 113j. have !Wri-te h.,:--11:hiD in regard to requesting this variance. Ber7au:;e •,f these rcano::n and -r7a.ue of the acquisition of the rear t.4(, , inA the fact the iu.operty will have sizeable setDack-, he land7,eapet1 and v1llo:1, w( are recommending tonight tha anplication for cr)nHiti()nal use concurrent with variance be approved. ;ire also reghe7,tih, .C)Ac-ih, that the Board designate the Planninc7 • 'L:n--ip2r0Virig agent for the C-2A which Will OCr:'.if or ler:: much. Sir? Will you :3tate your : ." • j!r-, recor,ls? "St./ 0-Nr1 • "r"11 tc. • DCY-*; 1 ; , ! f• ' Pehruary 23, 1976 Item 4 ZB 1 in 1v name is Panay (Ain from the Walter Etlinq Companyiyaddress is 6638 S. W. 112th Court. Ir. Taylor has asked me to speak for hien tonight to mention a fn,: thing;, firstly, to explain this diagram here in back of me, f'd like to point out a few things to the people here that are for or ag:crist it, and also to ynn, the lemhers of the Board. es yen can see hv the diagram here, the iick property from the middle of the property line hack, - we have allocated for a parking nee. l:ow what. we've ()1T i r can 7-oint ont the setback variance eere in the back, from the street to the property line, t*ere's a set:ack reggireeent o fHfent WiCh We have complied with. ::elt oni have we on the 29' eetbaek hut. we've also added aiditiena 1 feet. i70 that leavin(i a sethec of 35' from the street to the wall t.1-t. we're planning en outtine UD. Now I might point out that thi-; wall arnend the Turger 1in roperty will not permit any entrance or eeit fro:e this eroperty 5.rom either 71argaret Street or Florida Avenue. it 1 ran enint this out here, from this point here, this eele.itine nete our reeent MJ. 1. Prom this eoint to the end of the ereen here te; the set'eack thet we plan on landscaping, putting in trees and ete. As eon can see from the frontage on Grand Avenue here, Luttinc7 the restaurant on Marearet Street and providing 65% of the f.ronLaee here tai irioorpitie, trellised, or outdoor eating. Hie enter . e:e f:1.y1 cr1.1 we, ent.:e nnd exit from Margaret the c.c.)-1(7,1-;177.1 z•Tin, eei cm see nn tee rieht side here, this wall that we've eut up landsc-Joed eall; it's not only a straight :all acro, aoee in and out with different types of design .1Pre to make It apeealne to the eeoele on the right side of the pro!;erty or the eaet le el to proeertv. )reer ilee feels that 1 allowing them to opee teis r,teurant. they can enefit Coconut Grove in the follow- ino .enlner: eest nne an area ween has a definite need of beautifica- tjOfl re'.'ie- c-)i)e for the oune eooje from ehe r;inve; 3) accommodate excess -e,Jrine 'nr area merchants during theer lcw-traffic hours 4) estdb1i-;11 a :ie. (Inality resteurant in accordance 'ith the high -;tandards eee P,Iro(,r Kino Cort)r.init)on aaheres to, nnLonly inside the rt. teurant Ar1.1 eroun,1 the l-oneds, 5) m(nst importantly, Burger Fin7 can eeeeee"se all f-h:ie thinee and keep within the Crove atmosphere of weich the dos. re: 'he use of existing trees co:q!:Ine(.74 with 1(T:i;t1 eel lanescaeine, o.: tide eatios and trellises, will 7ai-e lee -om-eerte :.rwid of ti proper-:,. It is my strong belief Leo- this nroeerte is -1 1-ev to the Grand Avenue restoration and the rlanv. people mo:: wit* ugrec t'lr: Burger King holds t_ni7 17ey. Vr:orintn nu- :ing in this lho,:n A L7T-ISF', to work along with the Plnnino :)(p:3r.1-1-,t A- Y1.1 a; the area residents and eoneinne to do ';G. I've not eevral letters here that I would like to read frem eeople that .!ere unahle to attend the meeting here tonight. The fir . letter i irr;r'Yo the City of Miami Planning eepartmenf-. It'e from :Ir. Kenneth Treinter, developer, in Coconut are'_ iL reads: ne an architect and a resieret of Coconut Grove, and on who i'.tteci in the well being of th earto.lv endorse the application of :111rIer 1:ing for the al,ove location. I think it is i:Anertint tor '-:ocoeut reve at we encourage new development, eartieularly on 6rand Avenue which needs 03' pr-t) - • 3 - . . • i'ebruary 23, 1976 Item 4 ZB this type of enterprise so badly. It will be at asset not only to the Village :enter 'rut will be a stimulus for the continued redevelopment of the west part of Grand Avenue. ln('nrr l',' , f,enneth Treister" i a l'm have one short mernor are .u:n here that I would like to read, from :1r . Pay Peaco ?. n t Ray !'eacoc Company, realtors : "The (ity Planning ,and ":oninq Department: It is unfor.tunate that i Cuar unile to attend the public hearing on February 23, 1'+76, however, I feel it i.a important for me to voice my approval of the proposed B,arge7 Rin'i restaurant on the 3575 Grand Avenue pt inerty. 1 vmo::+ , wit Ule r ner of this pronerty, knowing prci;); r,,; ,ht' Ij' had in convincing several area rr':; i icntn F deve r)r merit. However, it is incoarei',',a'"1' that anv TIrea resident would object to a Purger King realizing their credibility. history te1Ls ,as Cat. Burger Kin Corporation operates clean, well.- :e:»t: restaurants, and 1 don't know what could he ., 1.,11oc.:t . on than 3275 Grand Avenue." 1:;)l11:1 as r: ::r t':, n . We've been up in front now t'r, it t_ an J ,'r:' ve had two e:.er ra l ::; and hat normally happens a'.teu •'o,a pe .,r, e that are speaking for it to stand 14pthen 11 .:<1:.,, t'.! oo:;l(' ;Teal:inf: '.aainst it to stand up. When we 'io out • n the ha, TH ::e ii:,cuss it, many of the people who were au.ainst it .��1 in:a�:�r T:.11:,3 after t::;.:•.,' ••e 'c n and att er we've talked to t.!iell about the (LI.aw am an? 'bout what we're p1ann7.no on doing there ''ou know, t?:. they',! _r' favor rf it. if it's possible, I think it :,et.tj'1: iia��: the pflxpiy that are objecting to it first so ;lrlht. `.>o a .1 to aaas-,iei. ...' there are any. . Dean: Alright, you conc.lUdcr' your presentation? .'.r. ilin: I'm done. 11r. Okay. rinyontr else? Anyone else for the application that wishes to speak? !rs. : et•_ncr: Elizabeth l3ettner, 3189 Florida Avenue. I ij11T1uaf., Uio il't r:'.ar:e ..t. were at a CD meeting with ['lr. Withers so we were held u',. tt »i t:i,1t :•trs. fatten has had that property, I know I've been t'r,,r( ;(". rs, Ind sThe ha = had that rrr'perty all these years, been paying taxes o:1 it.: anJ keeping it vi1. cleaned off and everything. Now 1 Clink to ..,e that c,u1c.1 77nnst.itute a oar'dship case and I think it's about ti:',e she had sore relief. A. few years ago, there was a Post Office that w a to 'io in thf2re , then i sti:o::pi nq cr':1ter. Both times the r,L_jectors There 1+'oren' n .. there were only a few hat the 1)eoplr:' cHjec'ted 'were t`ie very ones who bought their homes t.lercr, h�":rht (. .,ronerty and had it ':u:lt when there was a poultry . iarket.. theic , _ore and po iltry crates outside. To me, that was i far worse i n-,r:lnr, i.:tlnri tha '. I '. !' 1'i•. i ' u"'-:car King would ever be. :,t. L:. t i. l:.` ink: that the Burger King, as you all know, has alwa'.' : :. .,. ::;::ll; t' I t'1i 1 C' oro', art `, very we] 1. There's one 1:' glut two .:r t_111" a•'o j ...:mot r, vcci ,an award for the type of la:a"tscapin'1 ti.r"' dit on,: on r-orai :'lay is another good example. ow that. a' ,.1t'. r _gh< - r .:< t•3 Y T .ronert .= owners right there, back of ', (.! February 23, 1976 Item 4 ZB Coral Way and that doesn't hurt their property. We have another one un on LeJeune Road, and if Coral cables can have one, I'm sure Coconut Grove ought to have one because, I mean, the one on LeJeune, it's a residential area and there's beautiful property through there. )ur ni.-tljest thing is which I'm working for is the employment o1 your young ere -Tie. As you know, we work with the CI) and the C11 :own here in ,:oconut 'Move. There is hardly any businesses to employ teenagers and this would employ about 20 teenagers at least and that's 20 youngsters that's going to be kept off the streets. Then there's a turnover, they quit, and there's always room for more. I think that is one o` our '-i.ggest items for Coconut Grove. We do desperately need employment for our teenagers. The "'urger Kings --- I've gone to quite a few of them and I've noticed one thing, even after games, the kids will come hack from the different hiuh schools and stop at Burger King and they'll all meet together there and they're the most orderly group I've ever seen. So I would highly recorlmen 1 we put this Burger King on Grand Avenue. Thank you. ',r. Dean: Thank you very much. Anyone else? nen 'edstone: I'm Irene Redstone, attorney for the owner of this property. address is 801 South Bayshore Drive. As the young man told you, we've been here twice and each time there's been a :;uggr.stion f_:r a change which we've lone. Now looking at this plan up here, I'm sere that you'11. aeroe with me that it looks much better than the vacant lot. ','he e':;ner has had min', offers to sell this property for ii t ferent thine' and she has not Cold it. She was born in Coconut Grove and is an or.1 rinal resident of Coconut Grove and she's tried her best to hang on and hold oet until something came along that she felt would enhance n.ocenut '. reee , vow I ho l ieve that this does and through the years, tn.: :,een a sarnaee heap which she has had to keep clean because i t' :: a vacant let right there, surrounded by other buildings. The only objection a::tuali•,.' hos been, fron any of the plans presented, not only with this one but the previous plan, is objecting from the resident on the hack street next to the corner. The corner is a vacant ].ot and it's zoned for business as we know, but the next one to the erner. Now ;he has eaid that what she wants there is a park but I think this plan that ,,,e have here is as close to a park as any private enterprise could possibly give us and the only objections is that she doesn't want anything there. Well, I think we're going to 1iaee *o come to a point where we put so:netlliriq there. We have a very 000n plan now that will certainly Le very attractive on Grand Avenue and I ree.luest and ask that you permit this building to be okayed. •lr. :)can: Thenk you very much. Alright, anyone else for the applicant? Daw: Yes, :4y n.ine John Jaw. 1 live at 31.55 Florida .venue which is more or less a ccnti:.nation of this area we're discussing now except on the ether side of 7!cnonald. eeeaKing for the applicant although I heard the applicant s 4-ntic,n this :i A typically American institution Purger King. To this noi.:►t, i' i likes to ':ay my attitu.le wnuid he "two cheers" for America in this rep; "irn hecaa e whereas I a in i'•'or of the development, I think there are some things which wo sr'riously consider and I am quite ;;urn' that the koard will consider there. They're things which concern enyho':: and I' going to Lrinu them up. 'lost: ',conic, when they uet involved in this kind of thing, -13- February 23, 1976 Item 4 ZB about t_hi crrne 1 me. ' ; i t. h what along; nerhaos cannot stet to grins with the they don't have the background, etc. tried to drer 1e what the issues are. walked am in,? I've driven around myself. I've t-ilkel with one of the residents in the area. I called the ':;alter t:1 in i Compare' and talked to them and I actually met with the architect, ,r rather, the engineer for Burrtcr King, plus ''.r. Tad l:oc,,let , ehen they 'r.'ere eoino over their -Aran. :;ow at that i)artir::ular reetLn't to which. 1 '•ia; invited by the way, I will say that the residents Fr''rr' that area were also invited 1)ut they did not show un. They '.;err asked on several occasions if they would meet with 1'.,ir.<rer ri ne het the; did rot. issues. They don't have the time, lit►Ii.n the limits of my job, I've I've gone to that area, I've the area. I live in the .area 1 •,?r,. i elae t-c, '1,1.r t:.hi r; in favor of Burger King, and that i.:; th.! c- !:hat ur er- Vint', daring that particular meeting and :}lrl 1 ' vr:' ''.+`l';1:t.e1 t'r tilr'r'. since, ^! ce2s to have bent over backwards to t:ry and elect whet t:h'y t-rlought were the objections which were not, neraloh, aC)minh (elite el000ently you 1'now, from that particular area. 1 live net to ,_i puh I c_' Dark and 1 nnl." wish the City had been as cram aarat.r• n ` my arnaertrr as Burger King 13 being to the residents in thli h ! :tr t.sir lrri , or _iar ent l': are. :c le'rdl 1 would _.:i'r' that I am in favor. When I spoke ea. time, I said there oere only twc' things which con- ,',' wrif3 th(. ricnerd1. appearance -- that it should fit in heee ;:*;': wont In t_r'eonut. r;rove. In other words, something .. e nut.] iTled here. other thing which war ci: i eeo concern to me was the ('t t OL:t C); :.'l r ' ?u.vc +.ot nont. on the area anti on the residents idents in the area. l Clink Flu':l"r'i- . , +:hic we're re all uoi nq to have to address r).lt:lr,l.',e; o" 'i r:?"_.:r. 'i;r.' r;rart of questions that come to my mind when l loch, at ,r _' oeo.rr t. ?.l:o this, are this : as far as the r es, ;.de>nt:; i r. tee ,a rr:a are cencr,rncc' , :we have to remember this - they live t'" .'r.. t. :e' t r hoi:i . What r'.eansure can we take to protect these hen.- ' , ai r e'' Meat, for example, is the height of the wall? +> L try.:', i', . 'ehat 1 iglr _ f ror; the parking lot h ael he f r: 1 rllri 1 iilt:r) :,rP.'r'nCi! 1 1 :(' w of these people? What not : 1.1. there he from the t `_ a f f i ' _ r the area and kids playing around, etc. `Yii;.` eet:rri traffic, if any, will he generated .along Florida -.venae? Helahe, ..,iat eIffect nn the 1 ives of these people who live in this atee: •;i.11 these eoneiderat:ionf have? All it, in fact, devalue their i)ron,-- 1 c so, ho'•; are we goi.n g to take this into consideration? teen- ... 'ti.`1 wh'i:+•b - t ople can be recompensed? Either by huraeh 1':l:i' .•' ,it.V or hV l Tt'nuctlon in taxation or something like that. :;lank , )e. That's all I want to say. ' c . Jean: Than`. eau very much, sir, and you're going to hear how the'' i 1 in e `raw minutes. Anyone else for the applicant? Arr' you :rr)r. the .tp:)l.L.cieic)r,:> Tan? tii:-.. ,i; . "'r name :1.> l.an,.e Paue. 1 'r'. for the application ) fthe 'youth' t_rh; . - there. live r r c, :),� outin .e ,. rl t r rc:. I li.e :.it 335) Oak Avenue. 1 'm .;;)er-rin : on h,t,hn t of t:: youth of Coconut Grove. We i 7h an 1 '7o2 hope that hori i. ir: t t:o nut the Coconut `rove Burger 1 r: th e t_ I r'c' i : e C:ii:';e we really nr.'en a Burger King in that area. re'! .`l is it's ion and har.•1 to do all the way down to c:;itr; ii;a to Yorai iE)lr'_1 iu:rt to have a !Burger King and which •.'ou can ae la walkina distance and got. one. to,) t.l.-is ,etition t.) aehool and we got nine pages and to it.' 3':ice- _ ;ei oet-!:tiona eihned •:)r,' students of the Coconut Grove .:re-i that ).l this, .i5 r to 1r:70t. a aret knee, oeoole today say, you know, that youth t t-aay tee hureer :;ing ,c; Il:: rto in the area. I'm telling _''','it::t , I eeve •i ioh en . I wish some other person like in + `lr.' lr;:•,' t have nothing to do. You put February 23, 1976 Item 4 ZB :11at Burger Kin.r in that area, then you will have something to do, Nave somewhere to go and go somewhere after the games because after the games, we don't have nothing to do butgo home, sit down and 'ti'atch teleoi';ic)ra. We ,an pro hack to the Burger. King, have us a little .;hopper, ;ir. and ::hat end talk about the name and everything else. I i.:sh and reel1v enpe that yeu will put the Burger King in that area. 1 than:; /no. '•1r. "pan: ';'hank yoe very much. :bright, that's the last '' those in ,i;or o,: the a,)pl l.cant. !ow l:'e will revert to those ep;)osed to the appl.i'-ation; thole in opposition of the application, :: i ehing to ._;,t e:: , please step forward. Everybody for the application? Yes M' am: ?s. '1ck,ttieen: Yo,i did say against, didn't you? iein: 'tt,;, 1'ru Carolyn McQueen. I live at 3220 Florida %venoe, next to the er o;.;C eed Burger- Fine. l don't t hive any nlejections to the Burger King. I agree with Melanie t;1:3:. t `.C're ie a need, yes, but not next to the house where I live ana on :'lori;la Avenue. There's a parking problem there and we have smell children there. Yes, put a Burger Ring in the community agree with her. We need a drive-in, yes. • I next ? o: . . . . ee seye when they come from the. game. . . .I don't t) i '<.ir uoj `+' ne •:t to me and other neiahbore do not wish to h': r l.t. :1?c+ i..; a `;,:+.3f'C' up b; 't're's. Put it there and other plaeee they can Hind in te (irnve to put It there. I do not want a ;:tar :1r'r iinc: next to oe. but so;ne;'here eiee. 1 Live ,,ant 11 not anA opposed tc' they're ,,-, ; , , no, there will not be parking on Florida Avenue". ,o tr :, . Tho cars will cone around the corner very have lot:; of children playing there. This is why I'm t..2 Burger King ter se, but to the place where +:. it. Monk • Mr. iit-•.1;1: Thai- you very ':l ich. Anyone else? Anyone else 11 o;)posl'. iorl to the Berger King being pat at this locaticn? .,ini:int; : I am r_ady Lee Dinkins and this is my third 2onsecutive .i;,';c to come to oppose the construction of the Burger King 3 t . . . '7r.. :)eali. i)id you put your name and address in the records? ':r'.. Dinki~,::.: Yes, I live at 3201 Florida Avenue. As I .!as 51': in(; , this i' my t!iirci time crming to thi'; ;public hearing to ,!)pone the c-'ur.strection of :t Burger :sing restaurant at 3275 Grand venue. 1 wee invited to atten.t the meeting by '1r. Olin when he planned t.;ie Purger Lett the eecone time oet Oee '_.a my ;0e, I was unable to attend. .. anted hi•', to know thee 7 ,t;TI:ociated pis inviting me, but c uldr,' t_ eeke it. itcr.:e'.•er, etill eeoose having the Burger King .In{1 .I still C)i%'•;(,: ,.• ne+vl.n i -1 't'.ni)lg mange.( for a parking lot. tow ;•c.0 ,rrc,•.. , :.+ i t' rci :_ it_ to have te r''„u or hear from the news media t •. : ' n :1r ing lot in the Miami area, _ •ome �. � i ,•ti an�i rrt,. l eel at 'i <i ' i -..., ,Junior Col lrcrr' , and i t.' e just horrible to know that rr. :1:ve cl '.`arkine 1o. right in your yard, just 5' away, irii ,.nee -eactly when eomer,ne 1 ciii r n.x to be killed there. Little children, ;•oe're not able even to allow oe to Aogut i.:r. to pia..• i)ecaur .-' it' too dangerous and all that :.' i that ie ee; n ; to t. _ i.' creel t.lrcugh from Burger King to you -- t , .bee t:. ,; , -hi re le ° i-nhi the 1)allgame. On the street it's eeouee.il` eel., . rt'. 1t. t .•at urger ..iIiq, you can't sleep. See,I t3 .: i:; itr r. ,llc n '':l :i::. eerier" eee oet there and we had all the noise up i• -20- February 23, 1976 Item 4 ZB anti 1 two and three in the morning from all the I don't think that should be a sociable, I mean, a place to hang out for social activities. If. you want to eat, yes, but not to ego there for social ecti.vitir-'e, \•h' who live tiler' can't QTo to bed and sleep in peace for 'ear or tee cri7,e that's going to be committed over. there. I do know that liur<ler Kings aro nice but there 're several places in Coconut ;rOVe that '.'Ou r';in :)at ,t }itlr TCr 1:ing. We have a ';:copping center right ion here At is1.r'i. ':'he'. do ne'.- have any eatin r places there. There's .ree:; arourH `lilrreund: n'I them. if they wanted to put a Burger King rh r' , the: -,,., '1 ea i l , nut it there and they would have plenty of eustomere. ';'en down on nr-and Avenue, on U. S. 41, we have two :choois diet•;n t'.ere, a high school is one, and they would have plenty of cur3tn:,:-r:; there. neE_'a 'eua ine`.: s on Grind Avenue, yes , but we do not need that t`:i)ll ilr'il, on the i'iorid.1 Avenue ride as I said before, you do not have a ;i r;i there to lenally identify it that there is a det;ire to allow oft -at..r.eei t;arhing en Lot. 6, 7 and 8 of Block 21 at 3280 ",oricla Avcrii,v+. ,;o'.•; 1 )):ought this planning study along and want to remin 'yo`J e,:at it's only in the :)ook what you promised about planning and About r" :1 n i and the envi re,n r`nt of Coconut Grove. flow I also haven't tole that o•:per that there i'; a field for the drain on the rUrner tl;,at: ..e v' :1;1.1 ! (i furl': proHiepH about before, where Roy's drip ;:t14.:! }T1,1 I Ik 1 �? ;,e .;old and there's going to be a r'•nr,,,iroin tot i;'l i t dire . . ow hew :many restaurants do you want? In that one blend}'.; tou 'tat c., fl Hei.11ine ?3urgrr over. there and now you want t -. .;u a linrh _!r Ri.nu recta':rant over there, then they're 'tni n , to rea. a r' ;` ra irdnt in that hui ldinr7 and the number one issue the s pro :r?r; Sere is th,, t.: at. f ic. problem. If you want to take this no n? i'1;;?. at it, .,_,,:'ll find that it's right in here when we made A st.tl•d', for ..c)cC:tut ]nitelf o, no eto a kurger King restaurant; I'm nI)po:,e71 the c; or s t required off-street parking ) tc• to t oral. is et 3280 Florida Avenue, Lots 6, 7 an .lock 21, to be used or ocf-treet parking, and I would era: 4'.3t yee eeny this :)real;;e ,we rdo not want a parking lot, r ou caneau er .pF;fair:; .and uo to bed and loo'1,. down there and all of that noise err: sleep with all of that light. We have all those high- eowere:; i i ar ea '.y for crime in our area, in the black area, And if you c..:' In✓ more liahte in, you know there is a law that you h.r..'t' to have t..e proper l.ir;ht;. H-eecrly lighted night and day, and 'in'.:' Tiro we . ' iry to keen our .`1(); dark enough to even sleep . n there. ' e -.eo1 t'., ;,ro': � ee 'it} all that light down there. :.c: tu:,vrrel in oconut f;rove only because of having an .-T :theta t:rc)::1.� .. anH sly doctor oielere l me to move in here. Had I known that the lay:'_' Marl ewr 'l the lanai for long and than suddenly decided The was r1oin'1 to re] 1. 1t aInJ have it rezoned fcr eu:incss, I would never have •<t•.• 7ilt. ;, i,,, ,c t:` , r,: ;ti at ;., mu7h morey in it. Of course i1,I'It)at.'i.:'.�.. .:1. hher eat 1 too ::a'. . 'Irel,lepl:, with my family and '.ue ere also in': rl:. hicih _ lxet:- a.. payinf3 right in front of the ,!'io:)pinu are<'., but we hr'.:`: to I) , t:li t_:Ixes h cause we can't do any .,,'t_ter. :rae ae far :i ; .J; .ol 1i'l . a :aho!.ping area there, we did ;,-,t.. It '.:id car. come before us to nt)no:;e it. Thank you very much. r . -wan: 'hank ,'ou .ere.' :lac-h. .Anyone else? Anyone else in el,peaitioe of the arie' icatian:' Alright, there being none, sir --we -ill revert: ...ir': r,: "!.'.' for a low minutes' rebuttal if you should have r • i::. f. ar. ,..''r several comments on what Mrs. Dinkins had "SUPPORTIVE -21- February 23, 1976 Item 4 ZB to say and I can appreciate several of the things she said and we would be wilting to wort: with her to try to alleviate some of these problems. 'im6et' one, we're not asking for a change in zoning. We are risking fora a conditional ure only for a marking lot. Number two, she ! ientioned noise. I night point out threat the purger King restaurant is ')n.ly open Inti1 al:out 1.1 :01 o'clock at night whereas other restaurants rlight 1;r r pep :.rnti.l 2 or 3 o'clock in t':e morning. Number three is the Light t ac :or. First of all, she mentioned in one breath that she didn't t.rlin'-: t'le 1YC l would lie safe, and in the second breath, she didn't -:ant so r't lri 7 lights. I don't know exactly how we can accommodate that. .;c2 '.-:oul ? like to utilize the existing trees there now for nossi: to n'hado over an l above the lights and keen the lights so they have eno eh l i nh t. down on the narking area to keen it safe. r'. :ri ; l is o i".er;t..;.oni,'i that t het e was another restaurant (-mina in on the corner. r;e11, the owner; of that property are here toni rht, ':r. ani .an:i I've talked to therm and they have t -r1'-:ed to :,e', er. )1 people who are interested in opening a restaurant there ronsi.;,l :. ':'he restaurant people have not bought the land. '.'hey haven't entracted to purchase it. They haven't planned to put -i restaurant. t::,r'r.e. 1 f t.he', put .a restaurant there, it's certainly T)in•1 to ;;c l ;,fci: iif`erent tyre rest -",,rant than a fast-food business. It would 1)e mor' like a country store type restaurant, more expensive, steak horse, _ )nter , etc. which absolutely doesn't conflict with the Buroe'r" -''`, ' '_l:aftiC i=.attern -- certainly these people from the 7raf is 'a. '_..''Cat , ..1] tell US exactly what we can do and what we can't 10 ::ow what we plan.nt en doing from the drawing here, we don't third- that any traffic 'Dill or a minimal amount of traffic will 1.e carried uo'er on F.orida Avenue, leaving an entrance and exit on ;lr.aild .1yen:.r: else o:: Margaret .'treet over there. We don't think there's go,n1 t.., . be any problem with any traffic driving around in 'rant of home:-, there. !e-ore'! of all, third of all, tenth of all, whatever ver the c-i5u maght be, 'is . :)inkins pointed out that she was 5' f-zom t h e w ,j ,._ ?lo%e ti,a; from this existing call. Z wish I ':new ex.l'. t s e liven `rnr' what I understand, she doesn't ev+'n li'.'e on ....he name block an thin restaurant. really all I ;rave to say. I hone you approve this restaurant 1:•s,caw;e I think it would he a plus for. Coconut Grove. Alright. Than you very much. Let me close the p.1 .1 it }:earl.:: and have disc.:':: sien arong 3oard 'iernber , , and Mr. Gort wants to a:,k you .a ;ruestion. dort: It seems the main worry that the neighbors have is the secnrli_',', or the criminal activities that ran tale place in this parking lot. Is there anv way you can provide security controls .;ariry the weekend? Seems like the games they were talking about would on 1'hurn:?a'.T, Frirla,. .gnu :';:turday nights. 'icily re asking ee that c?uestion. 1 really don't :no'.!at answer is. lr. `lay ur, who is going to e owning the Lr0:,r'rty e : r':nning the :,urger i:ing and who is here tonight -- you like tL, nsk hi.r: about security and he can certainly step up here .and .lns•vr'r t .:i t c ; r. for• . :r. "ort: Pecau.e that seems to be the rain worry of the nei ;:li.r:)rn .'r. din: the ecuri.ty of the area? 1 i , I 3on' t know what we can do to the property, � -I 1 4. -22- February 23, 1976 Item 4 'Lb Jc would be amenable to ,do just about anything within reason of the expense of what we planned on spending on this property, to work out ,ir)tnet},inq. We have a wall arounfl the property. People aren't goings to i,r' ngetting in and out of the property. The wall is going to be or 7 feet. tall -- a landscaped, well -hedged wall. I don't know, f can't see .3n».' orl'j vaulting into a I7arl:ing lot to beat somebody Up. Ir. Alfonso: e.. Chairman? it . .wan: . it. Al fonso? ;.r. Alfonso: The question I have for the Department -- what u.itaod the Department uses for the condition of it-5 in a case like this.' "r. Dean: : it . 1)ooney? 'Ir. Alfonso: In case we attach the condition that they have t_e Put •i date fo i'er!' it the proper use of the rear parking lot... 1 re e:drier four- years s ago, and this is not a commercial for the other people, leeo:,,, ld's on Coral flay asked for a conditional use of the parking in the rear and the only condition that we attached, or one of few conditions... was to snit a chain. '-Ian, I've been there, and there is ne chain. l,'lat type of follow-up do we have to prevent this rrorn happenin : in case w" attach a condition to this application? eie eeeney. :h-. ; .l f0nse , .,n..rt from the physical design e ir'en+_3 that are shown on a plan. there is very little that this D nartment doe:; operationally. i';r''re not the policeman of the City. These condlticnare :,et out in the conditional use provision as you see as a hoard .and this erovides the eppoYtunity wherehy our Building ;)e',artn' nt or, let's :i :' , throueh the monitoring system of citi :ens co:'iplainln, can go ahead and have trinse matters remedied. Ir. ')ean: Alright, let lr. i)avls...he wants to comment on i t. . 'ir. Alfonso, it's the responsibility of the i,uildinq Denar.tc1ent to enforce the conditions attached in your resolu- tions, when they give a building permit on these conditions. They're not 100perfect obviously, but when these conditions are not followed through ,any: if you ao see one: such a:; this, please remind us and we '.'ill make sure, it is complied with, sir. The Building Department is t•?}'1 t :3 not e"'c': with the: on this very thing tonight. .ir. Alfonso: ,.hank you, :r. Davis. Let me say, I wish to ask the :.,ennrteient L4 they are considering any type of chain or gate to prevent the improper i' e of the rear parking lot, in this application? iooney ! fore ; i1 n, tne rear parking lot has to be entered from tne C-2:'+ side. There's a possibility that this could be considered when the C-2A is redesigned. .:e'vc already looked into it ,ar the moment.. Ae t:ore 'you ever,ine is conditional use approval, and a policy .'.`itter ' r t';is : oer•' right now as to whether or not you eel there is any in fury to t'ie aLJutting residential area and whether or not they h,iv.'e provided ample safeguards. ,nso: ,:rill I want to attach the condition to put a i ate when thr''f ' inlsh the operation. 'Ir. )oonev: Fine. it . .; iv.i .; : -.t tach t'le, : to the variance if you would, sir, kay. . property.with the variance... rf DOC t , n , FO L1.;;V" that's where the openings are, on the -23- February 23, 1976 Item 4 ZB Ar. Dean: Alright. Mr. Gort, are you finished? Mr, tort: Yes. Thank you. 71r. bean: Alright. Mrs. Masi la : 'lay I ask a question? 1r. oean : Alright, tars. lias ila? 'lrs . 1'•asi.la : Yes, the entrance on Margaret Street, is that on the C-2A portion? i'1r. `) lin : Yes, that's correct. Mr. dean: Alright. Anyone else? Mr. Silverman: 'lr. Chairman? : Ir. Dean: :Ir. Silverman? lve rman : Two points. one, in connection with the ;1c1)onalrl's. ':'here was enough parking on the front portion of the property. The issue in that case was whether or not the Board would permit excess marking is the rear. What we did as I recall was to Permit the us." r)f the rear parking (luring certain hours. The rest f the t i •nr_' , ' nn _':) l.in was supposed to c70 up. In this particular r:v;e, t.hure in rot enough parking on tho front portion. The applica- tion sa;lr; nnaaes but as 1 look at the plot Dian that's before us tonight, I ,?can't nee where. the,' hive 24 spaces on the C-2 property. Lof; to mn i ,'•.e ;';c;;t o' their parkin,T i:, in the rear. They certainly nc,t. :rave t_r,n.;gh in tI-:,.front to black off the rear almost at any tim. ...... ....;c:)a1dsit-lotion was ri terent. They had enough parking in t:i,, front. ':'he•, ju:; .- ;intow3ntod excess r)arkinq for certain peak hours when they worn, ' nun.. is not. the :;are situation here. They do not have f _ ;) 7r}: i *,'; i r the ::ont portion, and as I see the plot t)lan, t'i .)aerate t:13`; tnJr'Te.r K7 nn al.n- nt at any time. They need the 7,.lrk: n q in th': rear to operate, not last for excess or at a peak i;eri.on, :t almost at any tine. According to the plot plan as I see it, you don't have anywhere near 24 spaces. I don't know how this application -- it says "waiving ( out of 30" -- that may have been in the original proposal but it doesn't look proper now. Looks to me like •r:u' re '..'rd.vinc' ni lot more than 6. :-xcuse ve, that was in the original proposal, that's cr)rrect. i:anw ...hat we've done in sitting with the City of liami .i'rp•artme:it nf Planning and taking into consideration that we want to hui1d thia i:ing in accordance with the C-2A zoning, instead of having all the cars on Crani Avenue where people can drive by and it i oo s like e : i g park irv- lot, thought that we'd landscape the front .area in nccnr'fance with the which calls for 65% of the frontage nn r'rand .'.venue to be covered b'' '-'ithc•r a restaurant, covered area, :,.ati') area, or which '.we've done. '1r. !-;ilvermnn: Well Ir. Chairman, I'd like to ask Staff -- it room' t (:1);)e r to Ae that since this; project was redesigned that it :.a.: ¶)roger 1v .i ivl•rt t.-ed . It was advertised for waiving G out of 30 :0n actually t..iia plan, as I sae it, calls for the waiving of ;1 inifio.Int'•/ more than 6... You're absolutel" correct, :1r. Silverman, n:orrunate.l;'. This would !;e out of order. i 1', r: l n : ir, ;par' !:; t;a re n do they have in the front? ''ith the revised plans, Mr. Silverman, -24- February 23, 1976 Item 4 ZB lost track, and when the revised plans came we only kept track f the original plans. But with t:he revisions that !•Jeri, done with I ,1n Planning Department, we l cr.;t track. How many parking places... Ir. Olin: At the moment, there .ir,. 12 parking places t1i rr in the front. lr-. Uavis: We can replace this on the agenda for larch 8th. Mr. :Alfonso: It's improperly advertised? • Mr. Davis: That's correct. Mr. Dean: Well. Mrs. Basila: Was the patio a part of the original plan? Mr. ;-looney: The patio was not part of the original plan. The applicant was made aware when this application first came in, that it did not meet the e -2 requirements. At that time, the application was deferred. The applicant returned. At that time we evaluated the conditional use off-street parking site and felt that the corner lot was essential to going ahead with making a recommendation on its use. It was our opinion at that time that since the Board acknowledged acquiring the lot, that this would provide more than, let's say, the amount o� parking necos!,!ary, and that we could probably pretty -up the front side. :lore <li.aill, the applicant still is aware of what the re uirement:,; are. The application, as it was su:.,mitted for advertising, is incorrect. It calls for excess parking. We're still dealing with a :building reduir.inc 2'3 parking spaces on the front site. •ir. 'Lin: 1 would request some type of provision where we can gain approval tonight SO. . . ir. )avi s : ;:o way, sir. It has to be readvertised. :1r. Dean: .A.riq t, lr. Attorney? Mr. Anderson: Yes, Mr. :hair::lan. Mr. ijean: Is this legal before us tonight? Mr. ::•.'_ierson: Not with the revised plans that they have. They're asking for more of a waiver than what's legally advertised and therefore it :'iu;t be readvertisr. r. :e.3n: Alright. The Chair now asks for a motion to defer, until March Alright, moved :by Ir. Gort, seconded by !lrs. Basila, that this i to:1 i)e deferrec', •inti l 'larch the 3th. Other discussion? :1c:re beine none, call the ro3.1. !;.i'✓i s : 'i'he : iotiou 1'; to deter until March 8, 1976, for readvertis inc:. i doption : Mr. . Gort offered the following) resolution and moved its r -25-- February 23, 1976 Item 4 ZB 2. (a) APPROXIMATELY 3275 GRAND AVENUE Lots B, 9, I0, 11, 12; Block 21; PROW HOMESTEAD AMD (B-106) Variance from Ordinance 6871, permit construction of Burger site waiving 6 of 30 required Zoned. C-2A (Special Community and ARTICLE XXIII, Section 4 to King Restaurant on above off-street parking spaces; Commercial). APPROXIMATELY 3280 FLORIDA AVENUE Lots 6, 7, 8; Block 21; FROW HOMESTEAD AMD (B-10 6 ) (b) Conditional Use as listed in Ordinance 6871, ARTICLE V, Section 1(6)(b), to permit use of above site for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue, with no opening on Florida Avenue; Zoned R-1 (One Family). Note: Item deferred from Zoning Board meeting 1/19/76. Secretary filed proof of publication of Legal Notice of bearing and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: DEFERRAL Recognizing the need for added narking in the Coconut Grove business village and especially within the C-2A district, we concur in the establishment of excess parking. However, in view of adjacent corner property's residential use, we believe that it be a part of this application, thus alleviating a potentially difficult land use 7127ni-,‘„,i‘iship in the future. Moreover, with the addition ot property, greater opportunity for site development the C-2A properties can be achieved. Mr. mean: Alright, Mr. Whipple? �- Cam'. i\' .NTS uLLOW" Mr. Whipple: Mr. Chairman, pursuant to our previous YV�� discussions and discussions that we've had the opportunity to have with the applicant, we recommend a deferral of this item. The Department in meeting with the applicant made certain decir:ions and suggestions which we feel would promote the objectives the plans that are being submitted, however these plans have not ;.en modified and we would suggest that an additional deferral is 'nnuropriate so that plans can he submitted -- not only a Department :Cview 1T,ut a public review for those citizens concerned and in that '...awe may proceed in an orderly manner at the next meeting, if that *.s with the Board's approval. So we recommend a continued determent of this item. Mr. Dean: Alright. Sir? • Mr. !lip: Yes sir. My name is Randy Olin and I work for Miter Ltlinq ..ornpany and I spoke before you at the last meeting regarding Mr. Taylor's request to build a Burger King at this :_articular location. Since then, I would like to tell you of the developments that have gone through our process of trying to get this done. First of all, I'd like to point out on the drawing there, er, Q ock 21 as you can see in the yellow there -- there's a correction. On the C-2A zoned property on Grand Avenue, you see Lots 8, 9, 10, 11 tnd 12 should be colored in there. There's five lots on Grand Avenue ani three lots on Florida Avenue in the back. Now what we have done February 2, 1976 Item #2 RESOLUTION NO. ZB-37-76 RESOLUTION TO DEFER UNTIL 3/3/76 , PETITION L'OR VARTANCT; FROM ORDINANCE 6871, ARTICLE XXIII, SECTIO;; 4 TO PERMIT CONSTRUCTION OF BURGER KING RESTAURANT ON LOTS B, 9, 10, 1.1, 12, BLOCK 21, FROW HOMESTEAD AID (I3-106) , BEING APPROXIMATELY 3275 GPANti AVENUE, WAIVING 6 OF 30 REQUIRED OFF- STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNITY COP1,II;PCIAL) a n d3 PETITIO:, FOR CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE V, SECTION 1(6)(b), TO PERMIT USE OF LOTS A, 6, 7, AND 8, BLOCK 21, FROW HOMESTEAD AMD (B-106) , BEING APPRGX I' 1ATELY 3280 FLORIDA AVENUE, FOR EXCESS OFF-STREET PARKING IN CONJUNCTION WITH BURGER KING 7:ESTAURANT PROPOSED TO BE CONSTRUCTED AT APPROX IATELY 3275 GRAND AVI:UI , WITH NO OPENING ON FLORIDA AVENUE; ZONED R-1 (ONE FA:HILY) . Upon being seconder? by '1r.s. i,asila, this resolution was passed and adopted by the following vote: AYES: ',e _ <; rs . (loft, , Johnson, Silverman, Dean. Mmes. iaro, I,asilr�. NAYS: None. Cort: Take advantage of this to get together with t :ie neighbors. -26- February 23, 1976 Item 4 ZB 2. (a) APPROXIMATELY 3275 GRAND AVENUE Lots B, 9, 10, 11, 12; Block 21; FROW HOMESTEAD AMD (B-106) Variance from Ordinance 6871, permit construction of Burger site waiving 6 of 30 required Zoned C-2A (Special Community and ARTICLE XXIII, Section 4 to King Restaurant on above Off-street parking spaces; Commercial) . APPROXIMATELY 3280 FLORIDA AVENUE Lots 6, 7, 8; Block 21; FROW HOMESTEAD . MD (B-106 ) (b) Conditional Use as listed in Ordinance 6871, ARTICLE V, Section 1(6)(b), to permit use of above site for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue, with no opening on Florida Avenue; Zoned R-1 (One Family). Note: Item deferred from Zoning Board meeting 1/19/76. Secretary filed proof of publication of Legal Notice of Hearing and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: DEFERRAL Recognizing the need for added narking in the Coconut Grove business village and especially within the C-2A district, we concur in the establishment of excess parking. However, in view of adjacent corner property's residential use, we believe that it be a part of this application, thus alleviating a potenti_all"." difficult land use relation- ship in the future. Moreover, with the addition of this property, greater opportunity for site development' !( ''�,-r._1 ,,.. the C-2A properties can be achieved. Mr. Dean: Alright, Mr. Whipple? DOCUiviENTS Mr. Whipple: Mr. Chairman, pursuant to our previous FV LLO�A/�f discussions and discussions that we've had the opportunity to have �y with the applicant, we recommend a deferral of this item. The Department in meeting with the applicant made certain decisions and suggestions which we feel would promote the objectives the plans that are being submitted, however these plans have not Hen modified and we would suggest that an additional deferral is Ir)uropriate so that plans can he submitted -- not only a Department review hut a public review for those citizens concerned and in that way we may proceed in an orderly manner at the next meeting, if that ,7,ets with the Board's approval. So we recommend a continued determent of this item. Mr. Dean: Alright. Sir? Mr, ulin: Yes sir. My name is Randy Olin and I work for ^'-.liter Etling ::ompany and I spoke before you at the last meeting rrgardinq Mr. Taylor's request to build a Burger King at this c:drticular location. Since then, I would like to tell you of the developments that have gone through our process of trying to get this. done. First of all, I'd like to point out on the drawing there, (Jr, !lock 21 as you can see in the yellow there -- there's a correction. On the C-2P. zone'J property on Grand Avenue, you see Lots 8, 9, 10, 11 an,] 12 should be colored in there. There's five lots on Grand Avenue 3n3 three lots on Florida Avenue in the back. Now what we have done -4- February 2, 1976 Item #2 through talking with the City of Miami Planning and Zoning Department, opon their recommendation, is that we have irreed to purchase that lot A, which the pencil is pointing to, realizing that that might be a k(":' piece of property and we wouldn't want that property to be hurt hy the fact that we're putting up parking around them, so we thought we'd buy that piece of property also. That would include then five lets on Grand and four lots on Florida Avenue; that would comprise about 42,500 sq. ft. of land there. Now our first thought tonight was that we would ask for your approval of this property being used for the conditional use and the variance; however, in conferring with Mr. Davis late this afternoon, I realize. the property that we have a purchase option on now to buy that 4A property there, we would have to advertise and put a sign cn -hat. I guess that: would eliminate the possibility of our getting approval tonight on that property. I've talked with :4r. Taylor and the Burger King people and they Have expressed interest and willingness to modify their standards and plans so as to conform not only with the newly adopted C-2A zoning specifications but with alternative suggestions over and above the C-2A, that the City of Miami feels would benefit the Coconut Grove concept or the 'Masier. Plan. So, we're working hand and foot with the City of Miami, ooina everything that we can and Mr. Taylor is certainly wiliina to do that and the Burger King Corporation is. Taylor i also :pilling and has expressed a willingness to work with tJir residents of nearby landowners, realizing that their invest- ment is very important to them, also. New we've tried to meet with most of the people that voiced objection at our last_ meeting and we have :net with most of these people ani hopefully, their mi_n'_'_s have been changed on this matter. But between this meeting and hopefully the 23rd, if we're rescheduled, the burger King Corporation architects and the City of Miami Planning and .:Doing Department will be conferring on the site plans and the landscape plans and 3 ask any person here tonight that would like to attend this meeting for their input to please leave your name and telephone with me so I can make them aware of when the meeting is. That is basically all I have to say tonight. Mr. Dean: Alright, thank you very much. Alright. (To the audience) Are you for? Mrs. bettner : Just one thing, before you defer this or anything and go further to close it out, may I ask that we have a show of hands of the people here tonight who are in favor of the Burger King, because some of these people may not be able to come back every time that you have a meeting. Will you ask that, Mr. Dean? Mr. Dean: Yes. You want to come up and put your name and ,address in the records? A show of hands for it? Mrs. L3ettner: (From the audience) May we have a show of hands? Mr. Dean: Alright, against? Okay, Madam, state... Mrs. :\rmbrister: May I ask a question? Looking at that map you have over there, am I to understand that Lots 8, 9, 10, 11 and ...are on Grand Avenue, is that correct? Mr. Davis: 8, 9, 10, 11 and 12, M'am. Mrs. ?rmbrister: On Grand Avenue? Mr. Davis: Yes M'am. ( ^l I • PPORTNE -5- February 2, 1976 Item 12 Mts. Armbrister: Then behind that you have 8, 7 and 6 on Florida Avenue. Mr. Davis: Yes. They have also just made an option to purchase Lot A which -on the corner of Market Street. Mrs. Armbrister: May I ask for what purpose will that -- am I to understand purger King intends to come around on Florida Avenue and use that as an entrance to the Burger King? Mr. Davis: No M'am. Mrs. Callahan: No. "SUPPORTIVE DOCFN TS • Mr. Davis: They still must enter from Grand 1A1.)4r,{- itl f k`V Mrs. Armbrister: But not on Florida Avenue? Mr. Davis: No M'am. Mrs. Armbrister: At no time are you to include or use Florida Avenue for any kind of traffic at all... Mr. Davis: The law prevents them from entering on Florida Avenue. Mrs. Armbrister: And that will remain still a single-family community on Florida Avenue, right? Mr. Davis: It will remain as it is, M'am...with the exception... Mrs. Armbrister: Single-family homes, that what I'm still interested in. Even if you were... Mr. Davis: It will remain R-1, yes M'am. Mrs. Armbrister: Okay. As long as that's going to remain R-1 and there will be no traffic coming in on Florida Avenue for Burger King, okay - I'm for it, but if you attempt to bring traffic in on Florida Avenue for the Burger King, I'm against it. Thank you. parking? Mr. Dean: Alright, thank you very much. Mrs. l3aro: Does she understand they will use that for Mr. Dean: Madam? Did you put your name and address in the records? Mrs. Armbrister: My name is Esther May Armbrister and I am a member of the Community Development Program, and I was a member of the Project Area Committee before it expired. My address is 3350 Charles Avenue, 33133. My mailing address is Post Office Box 343. Mr. Dean: Alright, Mr. Davis? Did you explain to her that that piece she was referring to is going to be used for off- street parking? Mr. Davis: All off-street parking on Florida Avenue, M'am. Mr. Dean: It's suggested for it. Mr. Davis: With no entrance on Florida Avenue. Mrs. Armbrister: Okay, because this is one of the things we had during our PAC meetings; Grand Avenue and Douglas Road were for -6- February 2, 1976 Item #2 businesses only -- you know, you're not supposed to enter into any other avenues whatsoever for businesses. '.ot even for parking either. I'm against parking in that particular area. Mrs. fiasila: Well M'am, do you understand, they're going to use that hack portion... leave Grand Mrs. Armbrister: For what purpose? Mrs. Basila: For parking, although they will not enter or from that. They will enter from Grand Avenue and leave from Avenue.. Mrs. Armbrister: PJ0000..: Mrs. t3asila: That portion will be for parking. Mrs. Armbrister: As far as I'm concerned, that is a technicality that you're using. Even if you enter on Grand Avenue and extend to Florida Avenue, that's a technicality. I just don't even like that idea of you using it -- I don't like that at all, and this is one of the reasons I came up here tonight. I've been running all day long to meetings. I am not for them using that block for parking even though you block it in, landscape it or anything else. I don't go for that. Thit's still in the residential area. I don't go for that. Now that I'm against. Mr. Dean: Alright, thank you against want. to :;ay something? Now you item for deferral so you might not want now, you ma:. want tc shoot it later. very much. Those that know we're considering to "shoot your biggest are this gun" 'pis. Dinkins: I am Grady Lee Dinkins at 3201 Florida Avenue, and I was here at the last hearing. I oppose the construction of the Burger King restaurant, and I'm here tonight to oppose again. I also have a petition from the homeowners and taxpayers, opposing the same, particularly the people in that block. I live in the block and I'm glad that you explained to Mrs. Armbrister that you had planned to use Florida Avenue for excess parking, off-street parking. Now it's in the letter. Of course she doesn't live in that vicinity, therefore, she didn't get a letter. But we do have the letters and that is what you are asking for, to park on Florida Avenue, and you do not have a sign on Florida Avenue to legally identify that there is the desire to park on Florida Avenue. Those Lots 8 and 9, Lots 6, 7 and 8 in Block 21, at 3280 Florida Avenue, are zoned for one -family dwellings and if you allow Burger King to apply these lots for off -site parking, then we will not be able to buy those lots, to even build family homes there. ] just think we should be truthful about it because you know what you have planned to do and it's stated plainly in your letter. We have our petition here tonight, and we feel that this is a very poor location to put a Burger King restaurant. You wouldn't put it in your area, you wouldn't go down on Tigertail and put it over there in front on that vacant land in front of the "lady" who's desirous of selling that land down there. We are black, but we have rights, too. ,ye don't have any right to have it - we pay taxes and very high taxes. We don't like it at all. We don't want it down there. Mr. mean: Alright to do here. In other words, by Staff to defer, concurred doing is just seeing whether case you won't be able to be you're point to be here... . You can understand what we're trying we're trying to just -- there's a request by the applicant, and certainly what we're you have your comments in the records in here at the next meeting. But I'm sure Ms. Dinkins: ,Jh, I'll be ."r" here, every meeting that you call. -7- February 2, 1976 Item #2 Mr. Dean: That's the reason why I said you should save your biggest gun for the next time because there is no plan. We Want to see a plan, we want you to be able to see something. Ms. Dinkins: I know, but the gentleman said, Mr. Olin, I think that's his name, said that they were going to work on this, modify their plans and that you may attend the meetings. I know that I will not be able to attend the meetings unless it's held at night or .in the afternoon when I'm from school but in making his plans, I want him and Mr. Taylor to clearly understand that we're taxpayers down there in that block and we do not want the restaurant. We do not want off-street parking in our neighborhood. I have a petition here tonight and I have a memorandum for each one of you on the Board if you would like to accept it tonight. If not, I'll hold them until you get ready for them, from the taxpayers. Mr. Dean: I think you might want_ to save it until you make your presentation the next time, or if you care to, you can give it to Mr. Davis at this time. Ms. Dinkins: Who is Mr. Davis, please? «t(r` nT IVC ' fir. Davis: I am. 1 �! 1 ,1_ Li It Mr. Jean: The gentleman who just got a raise...(chuckle). Alright. (To the next speaker) You're for the deferment now - we're talking about deferment. We're not trying to go into the depth, in depth. Are you going to be at the next meeting? Ms. Dinkins: Thank you. (Unidentified): Uh huh. Mr. Dean: Okay now. You don't want to shoot your big gun now, you want to shoot it at the next meeting... from now. 23rd. (Unidentified): When is the next meeting? Mr. Dean: The next meeting is on the 23rd, three weeks Mr. Davis: February the 23rd, M'am. Mr. Dean: That's right, we've got some holidays. February (Unidentified): February 23rd? Mr. Dean: Yes. You'll get another notice. Alright? Okay. Mrs. Phillip: Good afternoon. I was here last time, but I want to say... Mr. Dean: Name? And address? Mrs. Phillip: Oh. Ethel R. Phillip, 3351 Florida Avenue. Mr. Dean: Yes M'am? Mrs. Phillip: Again I'm saying, the people that are here that are for it do not live near there. They cannot even be about to understand. There are those of them who held their hands up that are not even taxpayers, not trying to purchase a home for themselves or their future children, so we are -- I'm in the next block as you would know, 3351, and my husband and I, we were sent a letter. We do know February 2, 1976 Item #2 what the plans are and as far as saying that you guarantee us that there will not be .any traffic in that are -- how can you guarantee us this? How? Mr. Dean: No, now i.f you understand, we're not guaranteeing anything... Mrs. Phillip: No. It was said... Mr. Dean: No one here has offered the motion for or against. Mrs. Phillip: The gentleman that spoke for the Burger King was saying that he guaranteed there will not be any traffic on Florida Avenue. You can't possibly guarantee this. Mr. Davis: I think what she's referring to, Mr. Chairman, is that the petition states there will be no o en�in on Florida Avenue. This does not say there will be no traffic generated from Grand Avenue, but there will be no opening on Florida Avenue from the parking lot, M'am. Mrs. Phillip: Mere tonight was stated that there -- to Mrs. Armbrister -- it was said. Mr. Davis: I'm just saying by law they cannot have one, M'am. That's all. Mrs. Phillip: Yes, by law, that's all. Yeah, right: Law: So then you still don't have a guarantee in that area. `' Mr. Davis: That is a guarantee, M'am. itS E p PORT! V E ��1 Mrs. Phillip: Sir, I live there... '` `• 1ENT S Mr. Davis: I know it, that's what we're sayingt—CLVV Mrs. Phillip: Yes sir. Okay, thank you. I still live there and I plan to continue living there. I was born and reared in Coconut Grove so you don't actually tell me this -- what's not going to happen, because it does: I thank you. Mr. Dean: well, let me say this to you. Each Member you see seated here, you might see them through the community observing the property. That's what everyone of us do. We get in our cars, and we drive through the community and we look at that parcel of property. We also review the plans; so if we review the plans, go out and look at the site -- when you come in and you begin to tell us, we've already been out. So I want you to understand that we know so no one is 'hoodwinkin' us. Mrs. Phillip: No, not hoodwinking, Mr. Dean, but I still say nighttime is the time that you're not around... Mr. Dean: I'm talking about -- you have something here, that the people are concerned about what you say and they're concerned about what the applicant says, but there has been no decision made. motion. Mrs. Phillip: I understand, and thank you. Mr. Dean: So I think this -- have faith: Mrs. Phillip: C'h, I keep that, Brother...(chuckle). Mr. Dean: okay. Alright. Call the roll. There was a Mr. Silverman: Move it. February 2, 1976 Item 112 Mrs, Baro: Second. Mr. Dean: Alright, moved by Mr. Silverman, seconded by Mrs. Baro. Other discussion? Being none, call the roll, to defer until the 23rd of February. Mr. Davis: The motion is to defer this until February 23rd. Six objections were received in the mail. Mr. Silverman offered the following_ resolution and moved its adoption: RESOLUTION NO. ZB-21-76 RESOLUTION TO DEFER UNTIL 2/23/76, PETITION FOR VARIANCE FR'_'M ORDINANCE 6871, ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF BURGER KING RESTAURANT ON LOTS 3, 9, 10, 11, 12, BLOCK 21 , FROW IIOMESTEAD AMD (B-106) , BEING APPROXIMATELY 3275 GRAND AVENUE, WAIVING 6 OF 30 REQUIRED OFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNITY COMMERCIAL), and PETITION FOR CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE V, SECTION 1(6)(b), TO PERMIT USE OF LOTS 6, 7, 8, BLOCK 21, FROW HOMESTEAD AMD (B-106) , BEING APPROXIMATELY 3280 FLORIDA AVENUE, FOP EXCESS OFF-STREET PARKING IN CONJUNCTION WITIH BURGER KING RESTAURANT PROPOSED TO BE CONSTRUCTED AT APPROXIMATELY 3275 GRAND AVENUE, WITH NO OPENING ON FLORIDA AVENUE; ZONED R-1 (ONE FAMILY) . Upon being seconded by Mrs. Baro, this resolution was passed and adopted by the following vote: AYES: Messrs. Silverman, Gort, Alfonso, Dean. Mmes. Callahan, Basila, Baro. NAYS: None. Mr. Dean: Thank you very much for coming. "SUPPORTIVE D E_; i :_NTS FOLLOW„ -10- February 2, 1976 Item #2 3. APPROXIMATELY 3275 GRANT) AVENUE Lots B, 9T-T76, 11, 12; Block 21 FROW HOMESTEAD AND (B-106) (a) Variance from Ordinance 6871, ARTICLE XXIII, Section 4, to permit construction of Burger King Restaurant on above site, waiving 6 of 30 required off-street parking spaces; Zoned C-2A (Special Community Commercial). and APPROXIMATELY 3290 FLORIDA AVENUE, Lots 6, 7, 8, mock 21 FROW HOMESTEAD AMD (B-106) (b) Conditional Use as listed in Ordinance 6871, ARTICLE V, Section 1 (6) (b) , to permit use of above site for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue, with no opening on Florida Avenue; Zoned R-1 (One Family). Secretary filed proof of publication of Legal Notice of }Fearing and administered oath to ,all person testifying at this }searing. PLANNING DE;F':,?;`I':•Y''' REC'), MENDATION : DEFERRAL An evaluation of the application reveals that it is not in compliance with the term: of the C-2A Special Community Commercial iistr_ic_.t. DOCf- ttSU Mr. DeanPnt,Ti�/'E ENTS Mr. Alfonso: nr. .:}iairman? lr.. Alfonso? .l�i i�. II FOLLOW" :-1r. Alfonso: I wish to see the proper map to see the objections. Mr. Davis: The map is in error with one lot, Mr. Chairman. This lot should not be on there, this one right here. Lot A is not a portion of this proposal. Mr. Dean: Okay. Mr. Whipple? fir. Whipple: Mr. Chairman, the Department recommends a deferral of this item. There has been some communication between the .iepartment and the applicants. I believe the applicants understand the questions we had regarding the petition which primarily are ones as to conformance with the relatively new C--2A Zoning District which is applied to this property and areas of the Central Grove. We ba sit7ally would have no objections as to the location of the restaurant in thi3 facility however we would have to reserve some consideration regarding the conditional use for the parking lots within the application. Now I understand the applicant is here tonight .and perhaps would liLe to make a few comments relative to this recommended deferral. Mr. Jean: Alright sir, would you state your name and address for the records? :tr.. Olin: My panic is Randy Olin from Walter Etling Company and Mr. Willie Taylor, the owner of the property who is here tonight, --- he has asked me to say a few things regarding this matter. 'dr. Dean: Alright, is he here? II I 111111111111111111 II III II 111111IIIIIIIIIM III I IIIIIIIIIUIII 1it -8- January 19, 1976 Item #3 • Olin: Yee: he is. • Dean: Would you have him come up to the mile? :lri1ht, sir? You're not an attorney are you? '1r. Olin: :to I'm not. :lr. )ean: okay. Sir? Would you state your name and address for the records? :dr. Taylor: Yes. My name is Willie Taylor, address is 3271 N. W. 182nd Street. :1r. Dean: alright sir, '1r. ` aylor, you would like very much for this gentleman to speak for you in behalf of this application? '1r. Taylor: Yes, Because he has all the up-to-date... on the property. I don't h.ase that much on it as of yet. He's been talking to whoever he's been talking to about the zoning of the back lot so I don't have any info, and he has it. '1r. ;Jean: \1.rioht sir, you have anything to say now? '1r. Olin: Yes. I'm representing the Burger King people and more specifically, 'Ir. Taylor, the franchisee, who has contracted to purchase the property From '1rs . Patten; ;ors. Patten being a descendant of the Frow family of which Coconut rove is a part has agreed to sell Purger- KinrT this property because she, as other merchants and land owners I've, spoken with, are very much in favor of the Burger Ki nor . Burger ring has done a market survey as they do on all their sites and not only do they see a prospc!ro ;; opportunity, they see a 'Treat need for 1 ' st-fog 1 or r'ratinn, the Caliber of a Burger King. several irrnort.ant things they feel a Burger. King could accomplish are the cre:atic•n of new lob:- and the restoration of Grand Avenue. Therefore the outcome of this thina en Grand Seenue certainly points towards senefittine Coconut Greve. The Plannin'i ;)enart.ie'nt 'leriber s have .made me aware of several ,iisagr.erment:: in allowing the conditional use for parking on the R-1 caropert:.' which, ;,y the way, is the back three lots. The upper left corner colored yellow is not included in this piece of property. The back three tots <tr•- zoned rt-1 , and we are applying for a conditional Aire to allow that for narking. The firont four lots are commercially zoned for a Burger 1:ir,,r restaurant. • ✓ comments on thi..- is that Burger King has been successful hecause they don't var'., from the basic concept that has made them successful. For example, the same size and the same shape of their Hii lrlings, amount. of :sari:ing :maces, etc. Burger King has not as yet formulated .an opinirn if the•, aren't allowed the conditional iso and how it :multi ra f fee t the concept. nut providing my information is correct, across 'iarnarrr: Street which is the street on the left of this property - just west of the property, a conditional use has been permitted specifically for narking at the apartment complex. 1 have seen yo it new Taster Piar: of Coconut grove and I've tried to keen carrent on i•Rnrovements in Coconut Grove. I understand a net: theater its novine in within a few blocks of the proposed Burger Finn and each irprovenent to the Grove is an incentive for Burger King to :begin. In T urje your aooroval of this project and if the 'sent plans .tren't zeprova.,1t3, I would appreciate ideas leading tn.:ards plans that. wo'rl :)e anprovable. rte.--_ T r,....T m r ! R, FRP January 19, 1976 Item #3 :1r. Dean: Sir, do you agree with the Staff recommendationa he_y recommended that this .item be einferr.ed. '1r.s . fsas i la : This gives, you an opportunity to go back and I i •,cuss wi th them, or with thn.. . Ir. Olin: Yes; - I auree with that. :1r.. I)ean : Alright. `Chose in opposition? My name is Seymour Erlich and I'm the owner of a restaurant called ' Pipr,in' ' at 3268 Grand Avenue which is directly opposite the proposed site of the Burger King. In refuting this; gentleman's; statement that there isn't a fast-food operation, we have just opened nine days ago and we have a fast-food-haml)ur.ger oor ration directly opposite the proposed site. There is also another restaurant directly or I should say abutting this; property called 'Loy's' . That snakes two of them directly -- within a 20' area of where they propose to put this restaurant. Now there is ,) large gasoline ,tat i -'n on the next corner. Traffic is extremely heavy:'. T don't hone:;tly believe that, without the proper perking facilities, the elacr or any place over there could be properly run. That's the way I feel about it, sir. '1r. .ie<an: Alright Asir. :4ext. :trs . Bett:ner : good eveni.nu. I'd like to speak for it. I didn't know the opposition was c oin'1 to gut to speak so quickly. I'm with the Central Grove Association, I'ra also with the Community Action and the Community 1)evelo:;iaent. Now when we heard about the Burger i'incl cominrr in, I was very interested because I live in exactly the next Mock. '4:a,'? '1r. :Jean: Always like to have that name and address... '1rs,. i3' ttner: Flizabeeth Bettnr'r, 3139 Florida Avenue. I thought you all knew me h'i this time (chuckle) . :ow the CD of which I'm a member, has been working very, eery hard, trying to find nut what to do with Grand .Avenue. We've just .)e'en racking r)11r i)rains trying to see how we can bring new business In there so when '•.e heard I3ureer King was corning in, to us it was a ';odsend because there is a large plot of ground there and it would take either a shopping area or somuthine: of that sort. But there's always e'en opposition to the various things; that have l)een suggested. At ():rf' time, a Po•3t f)f i iee was to go in there :..ird then of course the e eoi,1.e objected to that. shopping area -- there was an objection. :'his I feel, with kurger i:inr, will only be one building and there 11 be parking. :: w as far as that parking lot is ----- that will be n the back end of the Burger King which abuts Florida Avenue there. las the one res;;iunsiLle for the apartment buildings when they were :gut in to have them to pit a wall on that Margaret Street area there, to put their wall. hack :;o far Aso that it would protect the property n'.aners across the street. ::ow I think the same thing_ could be done with this Burner ring, if they have a wall and well landscaped so .'nu can't notice the wall. The apartment building never did landscape theirs which made it vein lad. In the next hlock which I live in, we have homes abutting the business area. We have 7-11, we have various stores up there and the three homes ahuttinq that property, that bade in right to it - there's a wall srperatin'r -- they've just sold within the last couple c f :weeks, two of the i ;r" '- ' , 1r)ri each, the other one for ` 40,000. 2he'.;'' re each putt i nit in about a $15 , 000 improvement, one's putting in r,, 10') and T forget '.r'L:it the other one is. So that - it really shows • -10- January 1, 1976 Item #3 the Burger ring property doenot devalue the property. We have one ep on Coralplay which ahut h the property up there, residential property, whereas the one that they're talking about puttine in the Grove will nnt abut private property. There's only one home, 1 think, that's close to it but the rest of the hones are across the street from it. Now, as I hey, we feel it's starting the development of erand Avenue. It'h been one of the biggest orojects the CD has undertaken. 'Yrne next thing I'm on with the Community Action which we're very much interested in is :.vine the young people employ. We feel this ih eninc to employ a lot ef eoune neople because the • Community Action roun, the coordinator down there, made a survey of our people in the Greve last ecar, leht summer, trying to get employ- ment for youne people. 'net cif our stores in the Grove are very small shops which only erTloys one or two eeoele and those are people that are well 3-mown. So this wav we feel this will employ people. Furthermore, ee I hhi-i, there will be 11:n0 o'clock closing I uneerstend, well lendneeeee, and then the development of Grand Avenue. oith thth, I elho have e letter from our Coconut Grove edvieory Council. This letter wee written to 'Ir. 13oh Davis who is head of the City ef irni Zenine Department. It sayh here, "Dear Ir. Dayis: The t'oconut erove (:oemittee Action Agency Neighberhen eeeisore •hhuneil would to endorse the preeeee7 te eentruct a Burger Kine reeteerent on rand .',venue. After discehhine ih at leeeth et our January 1.4th meetine, !•Ye concledd that its impact on our communite eoele he most euvantageous and a resolution supeortine this endeavor was over- whelminele aperovel. 7,incetely, Frederica Brown" eroon ih with eh who ie :7hairman of the CA. We have if;. Sands with evh 'el° ih leeeerem Coordinator of the Community Action. ehe has taken 1 eervee of tee eenole there in the area. About 75% of the people there would i it. The ',Member of Commerce of Coconut Grove liken it e lot. They're going all out fer it. The different oreanizetions are, and I think this is going to be our Answer to Coconut eroee - the deeelopment and to the employment. So let's hope yoe seriouele eonilet ns then. Thank you. r. eean: Alrieht, than=1 yee ve-e much. Anyone else? :1rs. eolinger, T'e, in favor of chis plan. "ly name is eelen Jolinger. vhehhend and I ewn the euildine on Grand Avenue and 'IcDonald which is adhicent to the ernnerty in question. koy ih one ef ner tenants and I enn't think he objects. We Are very much in feeor of ehe Aevelonment of this vacant land by a notional firm sueh a; eereer ;:inc. I can only 'iee this as a step in t:ho right directine for ell coecerned. efIt's not forget, this lot, vacant nroperte, ie zoned commercial which could mean anything from A eae station to e fner-ntore, concrete monstrosite. I cannot see how anyone coule nohhinle ohjoct to the magnificont oeaetification of Grand venue, a tremendous imnrovement over what is there now. Therefore, 1 triply eree this Hoard to approve the plan end eive the ("trove ari 'eeled \venee the shot in the arn it needs. Ir. eeen: fleit, thee you very much. Anyone else? "SUPPORTIVE Dc(..1.171i NTS e- • • I ' , U11 1 to' V January 19, 1976 Item 43 Mr.Daw : Yes, my name is JohnDaw , I live on 3155 Florida i,venue, just down the road from Mrs. 13ettner. I'm basic:7,111y in favor of this plan. i.'ve lived in the (ftove now for aheut eix yearn and I've qnnn past this site almost daily. I must say that admire peonln like Mrs. Dolinger. I wrote her a letter some time aro. She'd received a lot of criticism for that building she put up en the corner hut it did a tremendous -- in fact,1 offered to qr) down there oite a shoeel and help her myself turn ii few pieces of earth. It did a treesendous amount for that particular corner. It new reaonahlo whroA!.4 ')ef-ore it was just garbage. The partleelar open sito is Tif:ht now -- obviously ene needs some kind of develennent there and 1 agree with Mrs. Bettner very definitely that it woalcl seem that enure form of eommercial develop- ment going alone he -and i,venue would he the obvious answer. The only thing that I wonld -- there are le'e: toe° things. Number one is that I assume that the Plennine rru -.aill, in consideration of what Coconut `Ireve is and .'at we hope it be, will see that adequate landscat'in,: is dono anf7I that the sha!DP nt the Burger King fits in with the general overall -;encept er the 'Move. The other thin,: thJ:t I to raise is this there in one lady who lives very cleee to this oarticular development -- it's an extremely lifficult whern a Rfoard, a Zoning Board, is involved in approvine [levelonment which is.to some extent going to infringe on eoelebody's nersonal nrcpe ty nean't .,ton progress but you have to ohcasionally geese and coneider what pro-s is. I don't think that there's much doeht, at lea.zt there's not 'eech doubt in my mind that this lady will, to nome extent, le affected. f!ow you know that with all hederal eeveleeeeetTo theyese 7./rant funds'. There is a require - :rent teat th- sae nnvironoental stetement which is made up eefore f.he develepent i aeereve,1 and hefore these funds are released. -2° my min, tee loeliceton Y such a reeoiremeot is quite obvious. You .s'ant to eee that the inlividuele whose erooerty is effected are not too mech iflC:)flvefl 1 n' 1 T thoy're, incon%TrInienced to an' great degree, I'm not talking aboot repoes,ssion cf their preperty which would be covered hi the ':onstitetion, I'm talkiee about luxtaposition of property which is perhaos to some extent in conflict with their own particular living envircnment. As I can anderstand at this time, they have no protection whatsoever, so I would like te see the Planning Board also take that into consideration and if nossihle, ask Boroer King to be mindful of landscaping and sufficient protection cf that oarticular person in ouestion. Thank you very much. Mr. Dean: Thank you very mnch. 41right4„onext?.- • 'lg. Dinkins: (;ooe afternoon. Mr. 'le;in: (700(1. AfternO0h. • v C. Ms. einkine: I an (Irady Lee Dinkins and I live at 3261 Vlorida Avenue, in fact, T 1iv directly in front of the site that we're ,iiscussing now arvi ref course, I am opposed to having the Durger King constructed on (,rend Avenue. I'm not ooposed to business on Grand, an that side, but my neighbors and I aro oppned to the PurgeKing. '.41e feel that we have, and before I discues this, r would like to say that we have not talked with Mrs. Patten, the owner of the land who would like to lease it to r. Taylor, at ail. The gentleman said that Mrs. Patten said that she had spoken with us bu she hae not. Maybe she did sneak with Mrs. Bettner and others Oat ehe didn't soeak with us. e are now faced with traffic problems in this block. It's very conqested and pople who shop in that area or come to the Post Office January 19, 1976 Item #3 1 '1e not have any place to park. They have to come over on the Florida .avenue side and ,park and tile; even park in our driveways and get out +n:1 go to the Post Office and they do not make any apology whatsoever ).,C) - parking in yo'.tr driveway. Then we have the filling station across the street where the Burger King plans to build and cars are in there in and out all 'i.l•,' and parts of the night. ,\s the gentleman has mentioned prior, we nave anot1i2r ;3:]r'- or Kin'1 aver- the street by the filling station and ,in eating spot in ,'r.s Del.i.nger's nl.I.i.ldino that she has up for sale ieht now. '?,-) 's ,• e feel Chet there should be a limit to the number of restaurants that are .•uilt in f'oconnt. ( rove. We have too many eating places and not enough nonel.e to eat in threge places and then our `;r?er)nd objection is " there's no way to siltlt out the noise that will He filtered thrnur;h to us from `ea— f irrlr': King restaurant. We won't :)C Able to .rest on the 11osi -1a aven•.:e side. 'lne of our real concerns is the fact that we will )e having tno Triin,.' strangers coming into our neig'1hr?rhnori and will live in fear of crime that will take place. we knew that the nnr for Sine ()wrens will not be resoon iblc for the trine nut `here ',ill. en enre eenortenite for break-ins and drug traffic hidco'.it n. Yon really will he tina_ri to sleep at night. seZen I '-•>n,' seout this pronena1 in the newspaper, I was greatly surnrised :ir,J iisappeint_ed because it was just about two years ago when `sirs hettner and Tservrel 'a'th the Pi:lnnin'r Hoard in planning for a Comprehensive ; tudv fer Ceenn•_it Grovc ' s future development and many good proposals 'n'ere net into this Stu''1 and many outlines were nut into this 5tedy, , ,�'.l" , we .lecep�'. H 1 to _- this ' �'`• t n �- Study was approved Inci all r,f the !`.`1',r-,ownete renei.;ee a .':->ny ,,l it. We were very happy with the i.i ')poses 1 .tie t:.', Y,i_:';t ;at: ,�o ere> -er•y s • .core now in having .2oconut `tree :evelorn1 fear the benefit. of all the people of •pconut grove. '•,f cour`ie, we st'i 1l '.re e1ependine on this report of the outlines tint ere set worth in thin report. '.:c•, ;.eina ;..tienle aware el t.iie traffic nronlems, the noise that will filter f re: , the ISaroer Rine and the frustration that the nropert';' nwnern will he forced to !teal with as far as crime is concerned -- we pray that you will deny this Burger King. Now we would like very much to su arrest that we have two nice homes built on 1' Lori.. Avenue nide that would comeare with our homes in our neighbor- hood and on the ether side, on the (:;rand Avenue side, we could put a lovely landscaped perking lot there .and if you want to raise money for the eity, you could put meters in there and then when we have plays 1e the eoconet (rave Piavhntisr> which is '!ust down the street, and when :,''c)n1e corio to the Pont Ofliee or i r on S:emmodore Plaza, or when we have the art nhr,wn here in the prove, we wi 11 have parking facilities the';( t,rn)el e . ;;ow 1 live in that blocs: and my neighbor I'm speaking for i i ;r) w!hr in i)h'/ i cal ly ill in the hospital tonight, asked me to say to ,'O)u tl:e» f same thine; that I'm saying now -- that we do not approve hcivi ne the Rnrg r Eine and '.'e do hope that you and the Planning Hoard will chive this c,on-iderition and try to find something else in keeping with 'oconut- grove that would he of benefit to all of the people in the ,,rove'. ;;e have about sixteen eating establishments in a radius of four or fine blocks; and we have 'hums' for example, the 'Country House' right here, and then we have ,an eating place in the arcade in front of Plat? . oconut. rove elementary School. .'e hnve two eating places in this eart_icular block where he woull like to l:uild this Burger King, and then on ene!rndnre nl a?a '•'c? have two or three eating places. Ind down ':rind A''en.:e '.•;o i;, ,+n ,?nt-1n ' el < gee ri'-,r:o 1 and operated by blacks and we have t)lent'.' o: food t_e eat. 4e really need other type businesses on ;rand Avenue rather than r ltIne el leer. ll:nnk you for allowing me to speak. I'vr January 19, 1976 Item #3 t4t. Dean: Thank you very much. Alright, anyone else? Ms. Redstone: I'm Irene Redstone and 1 represent Doris Pattn who is the owner of the property. eow I !)elieve you've all seen the plans for this Burger King and know that landscaeine is nlanned. :low I'm certainly in favor of this and I have worked with Mrs. Paftr!n fnr several years. We've werked to try te keen Cocarnut re- 1,Thl it should hp. We have refused eany, many ofe!7ere for a lot of money because we didn't feel that the 1157e would !-IP nro;')or in Cecohet Grove. V!e belapee ttet this is a fine plan for Coconut Grove. It will employ a et ef eeene people, r 1 ive them a decent place to no to get semethine te eat. 7:(-)\- L eerteiniv don't agree with the (:ommittee, the ',/,nninnd lennine Committee, that want to restrict the parkina on he reor lerr--the varienee 'or that, and the reason for that is thie: thle weele eeeate a elect, for parkino, three complete lota. Wo nee,' eerl:ine ie Oocenut qeove and if we don't include these three lots hac. tleae ter eaC:ina, are7 be the wey -- Burger King has planned to p.11_ '7emrnt fonco, it barrier, end to landscape it so that it not eeen visthle we don't nrovide this parking, as one speaker seie, a:lere are the care goiag to park"? If we don't put parina there and these lote Marc' 'oil lust for homes, I want to know who is going try qtlf-Mtl ,A lot of money to build a nice home right backed up to a 1)es1ne.e: ,:e‘ction? ::ow 1 hink these lots should all be included. The nln..; will 1-oeutiful strecture and we need somethine on .;ren' leeo ettrletiee. This block - this lot has been an eyesore, a eaaant let, .:or mint, many yeare. Now think it's time that we put somethine there thee will be attractive and that will help f-n ompiny sr);Nr :,e(,h in the -r-o.e Heee7 'Iada"? I don't think the Staff is recoelmerine eeethe deterrel of thia item, to rive them the opportunite tn rovie-:, end o'-ne bacYK t-x) us at another meeting and make a eaeammeaeat-ieee n'v' eaee ant mede a reeommendation either for or aelinst, e!e! we waL lo fa take in all of the comments that the prrsonf, are `,7fr tho enpliaation or opposed to the apnlication take into aanalare'ion. They're listening and certainly they're preparing their recommendation and thee will take all this into connideration. V. Mdstnee: I thouaht they had recommended not wing it. I'm sorry. r. ;oan: 'Yam, it's deferral. !Is. Redstone: Fine. Thank you. nean: -hank ynu very much. Alright, t.l'am? Phillie: eood efternoon. I'm Ethel 1O Phillip. I live at 1151 %7enue. J do hope they an not recommend us having ehis Burger Fing. live +her, T was born and reared in Coconut Grove. ':'hat was not eenterday. 1 av ;i child 14 years old - he rides a bike. 1:!e i eevv traffic! alone the way. Okay, the Planning communite an'l all of that, the', !e not live near where we live. There are those of ea thet are still tryina to nay for nurhomes. We would like to have e little eeipt o'er there. Yee've neeer, I'n eeire any of you been around a Burger Kwi that wae in an aH neiahhorhoed or any of the quick -eating lace. you've :.!017 !,er thore and you've never lived there. We do not want thi.,;. net need it. Jona, they're saying, for the young peopi he there to know what it's all about. They will not our young people from Coconut Grove with 71 r% D r4fs , FLL,s •vv" -14- January 19, 1976 Item #3 with the jobs. It's all said and done, we're all for the lot, but please I've been here a lore time, we do not need this. I've seen progress and the women that are for the 'Action' committee or whatever, they ;can't li.ve near Florida Avenue. Their children are probably young drown people or voting adults. f3ut I have them. We have quite a few little kids. The neighbor right next to the lot --- she has a little 1 it i and young people. We know what can happen and I mean we as blacks ;:now what can happen and what_ does happen: When one of those places, er any eating place is put so hear: This gentleman has opened a place across the street. One war-, there before. Tt didn't do very well. Hope yours does but the i!ur.ger King right across from it, I don't know but I do pray and hope that you reject this. I thank you. Mr. Dean: Thank you very much. Anyone else? Just a moment, :Tillie -- let un hear the opposition. '1r. Johnson: '1�,� name is Major Johnson. I live at 3321 1 • lorida Avenue. ;1y objection in that we have two or three restaurants (well two) right across or right in the vicinity of where this proposed ieirger King is supposed to be built. I've had the privilece of visiting some of the restaurants in the neighborhood and I see how destructive some of the kids are, and you can't control them and if you put a fence over there, they're going to he running over the fence, throwing at each other and T have visited in some of those restaurants and I've :seen them just destr„cti_•.'e: '•lost of the people are not at home (they're going to work) these kids throws and breaks windows and whatnot, and '•:e, some of us ,;acri f:i ced our 'ionev and 'bought our hones and we want to live peaceful. 're p,iyi_ne our tax to iet a little protection. we wish that yo'i would give e; some consideration and not let the ';;;rger Kind be built there because we want to live in peace. I'm expecting to retire in a few years and I want to rest in peace, or li.ve in peace while I'-;; here. I thank you. r. ;Dean: Thank you. (chuckle, chuckle) Rest in peace: •.1ri.iht, anyone else".' elrieht, there being none, now we come back to this, bide for a few minutes' comment, but bear in mind that all of this, Willie, -- the Roard is considering to defer this item and that you will have an opportunity to address yourself. What you should have done is write down everything you heard everybody say and be prepared the next time aroun,? . rio ahead. Mr. Taylor: .Th1i really, I just wanted to say a few words. It :seems like, you know, most of the people are saying that they think the Burger King is going to brine crime and this type thing to the community. I own a couple of Burger. Kings already which are in the black community... '1r. .cyan: I thoucht voii owned three. 'tr. Taylor: T own two so far. I'm trying to get the third on'-.. This i. , the one in the drove. ....And the crime is already there. The Burger i<in 1 definitely will not bring it. The Burger King will not hire people --you say there won't be enough jobs for anybody in the :ommunity -- that's not actually true. I will hire all youngsters from the Coconut :grove area because, you know, why bring them all the way from over town or any place else because it costs money and you want someone that's going to be dependable and at work. Sc, the Burger i:in 1 will not bring crime to the community. I think after seein:r the elans and everything, after Burger. King is there, ;you will r.eelly appreciate it. What I would like to do is invite some of the people over to take a look at the two that are already on. One is 5401 N. W. 7th Avenue and one is 730 N. W. 36th Street. c ._. J -15- January 19, 1976 Item # 3 ripplripprimplirrorrrprm 1111 At. Dean: Not on football time... Mr. Taylor: Well, come on over on football time, you know. You like to see what your kids are doing and these are the kids of the community. Mr. Dean: Football Willie, they'll block up my station. Mr. Taylor: Yes, I agree, but on football time, they're going to block up most everything, but these are the community kids. I have three teenagers myself and believe me I don't want to have the community feeling that I'm going to out something there that is going to be bad for the community because my three teenagers I respect as much as anybody and I don't want them near drug traffic or crime and believe it or not, I will not be in the community to create any problem for the community. I think the community will be very proud of a Burger Fine if they ever let it be put there. You can't compare '.urger Rine with any other restaurant. You know, you're saying we have a lot of eating places in the community. You have to come out and see one of my stores operate, and any time, I would like to have you all as customers or just. visitors. I'll give you a tour any day of the week. Thank you. Ar. ;)ean: Alright, thank you very much. That concludes that side and so we'11 close the public hearing and have discussion among Board Members. Alright, bearing in mind that the Staff has recommended deferral and the applicant agrees with it, and hearing all the comments that ::as made by those in opposition and those for it, Chair is ready for a motion to defer. Rev. John.^ nn : 1 ' 11 agree to t'lat. 'Ir. Dean: Alright, you've heard the motion by Rev. Johnson to defer until when, next meeting or is that plenty enough time, 'ir. Whipple? 'ir.Whipple: If it's alright with the applicants, yes sir. ' tr. Dean: Applicant? Next meeting, February the 2nd is okay? Okay, it's okay there. Second by Mr. Gort. Other discussion? There being none, call the roll. .1r. Gort: I'd like to make a suggestion. I'd like to get, if it's possible, those people not only will get together with the flepartment but will get together 'pith your neighbors and the people in the community and get the input from them and then maybe you can come up with a solution. '1r. Jean: I think if they were listening to me, I told them to be taking notes and names so they could be able to get with them. That's what they should have been doing. Okay? Call the roll. Mr. Davis: 'Ir. Chairman, the motion is to defer until the meeting of February the 2nd. Correct? Three objections were received in the mail. Reverend Johnson offered the following resolution and moved its adoption: (Continued on next page). "SUPPORTIVE r trly?`NT.. -16- January 19, 1976 Item r3 RESOLUTION NO. ZB-14-76 RESOLUTION TO DEFER UNTIL 2/2/76, PETITION FOR VARIANCE FROM ORDINANCE 6871, ARTICLE XXIII, SECTION 4, TO PERMIT CONSTRUCTION OF BURGER KING RESTAURANT ON LOTS F3 , 9, 10, 11 & 12, BLOCK 21, FROW HOMESTEAD AMD (F3-106) , BEING APPROXIMATELY 3275 GRAND) AVENUE, WAIVING 6 OF 30 REQUIRED OFF-STREET PARKING SPACES; ZONED C-2A (SPECIAL COMMUNI'ITY COMMERCIAL) . and PETITION FOR CONDITIONAL USE AS LISTED IN ORDINANCE 6871, ARTICLE V, SECTION 1(6) (u) , TO PERMIT USE OF LOTS 6, 7, 8, BLOCK 21, FROW HOMESTEAD AMD (B-106) , 13i;ING APPROXIMATELY 3290 FLORIDA AVENUE, FOR EXCESS OFF-STREET PARKING IN Cr1N- JUNCTION WITH 3UR'7LR KING RESTAURANT PROPOSED T() 3E CONSTRUCTED AT 3275 GRAND AVENUE, WITH NO OPENING ON FLORIDA AVENUE; ZONED R- 1 (ONE FAMILY). Upon being seconded by !Ir. Gort, this resolution was passed and adopted by the following vote: AYES: lessr. -i1ver:nan, Johnson, Gort, Alfonso, Dean. Bare. NAYS: None. Mr. Davis: Unanimous. '1r. )e.an : Alright, thank you very much for coming. This item has been deferred until February the 2nd. t \ _j'1TS -17- January 19, 1976 Item #3 IIitu of Honorable City Commission Attention: Mr. P. W. Andrews City of Miami, Florida Gentlemen: iami, htriba March 23, 1976 re: CONDITIONAL USE - DENIED BY ZONING BOARD, APPEALED TO CITY COMMISSION BY THE APPLICANT: Willie H. Taylor Approximately 3280 Florida Lots A, 6, 7, 8, Block 21; FROW HOMESTEAD AMD (B-106) Avenue The Miami Zoning Board, at its meeting of March 8, 1976, Item 42(b), following an advertised Hearing, adopted Resolution No. ZB 49-76 by a 5 to 2 vote DENYING request for. Conditional Use as listed in Ordinance 6871, ARTICLE V, Section 1 (6)(b), to permit use of Lots A, 6, 7, 8, Block 21., FROW HOMESTEAD AMD (B-106), being approximately 3280 Florida Avenue, for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue, with no opening on Florida Avenue; zoned R-1 (One Family). Three objections were received in the mail. Seventeen objectors were at the meeting. Fifteen in favor of this item were present at the meeting. Four return notices in favor of this item were received in the mail. A RESOLUTION to provide farthi_s Conditional Use has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sin)erely, " R4bert A. visDirector cm i,ISepartment of Administration Z.M. 46 Planning and Zoning Boards Attached: Minutes cc: Law Department Planning Department NOTE: Planning Department recommendation: APPROVAL SUBJECT TO REVISED LANDSCAPE PLAN. Tentative City Commission date: April 22, 1976. • Wir LE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 APPROVED AS TO FORM AND CORRECTNESS: MEA 3/29/76 RESOLUTION NO. A RESOLUTION GRANTING A "CONDITIONAL USE" AS PROVIDED IN ORDINANCE NO 6871, ARTICLE V, SECTION 1 (6)(b), TO PERMIT USE OF LOTS A, 6, 7, 8, BLOCK 21, FROW HOMESTEAD AMD (B-106), BEING APPROXIMATELY 3280 FLORIDA AVENUE, FOR EXCESS OFF- STREET PARKING IN CONJUNCTION WITH BURGER KING RESTAURANT PROPOSED TO BE CONSTRUCTED AT APPROXI- MATELY 3275 GRAND AVENUE, WITH NO OPENING ON FLORIDA AVENUE: ZONED R-1 (ONE FAMILY) DISTRICT• WHEREAS, the Miami Zoning Board, at its meeting of March 8, 1976, Item No. 2(b), following an advertised hearing, adopted Resolution No. ZB 49-76 by a 5 to 2 vote denying a Conditional Use as listed in Ordinance No. 6871, Article V, Section 1 (6)(b), as hereinafter set forth; and WHEREAS, the applicant has appealed from the denial of the Zoning Board; and WHEREAS, notwithstanding the denial by the Zoning Board the Commission finds that the use will not be detrimental or injurious to the character of the development of the immediate neighborhood; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The application for a conditional use as provided in Ordinance No. 6871, ARTICLE V, Section 1 (6)(b), to permit use of Lots A, 6, 7, 8, Block 21, FROW HOMESTEAD AMD (B-106), being approximately 3280 Florida Avenue, for excess off-street parking in conjunction with Burger King Restaurant proposed to be constructed at approximately 3275 Grand Avenue, with no opening on Florida Avenue, zoned R-1 (One Family) District, be and the same is hereby granted. PASSED AND ADOPTED this day of , 1976. ATTEST: CITY CLERK MAYOR PREPARED AND APPROVED BY: `� \�.,_,_ �� c1„ MICHEL E. ANDERSON`, .41SSISTTAp CITY ATTORNEY T"