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HomeMy WebLinkAboutCC 1976-10-27 MinutesCITY OF MIAM CO M MISSIO MINUTES '= OF MEETING HELD ON OCTOBER 27, 1976 PREPARED BY THE OFFICE OF THE CITY CLERK CITY HALL LPH G. ONGIE CITY CLERK ITEM 40, oh 1. 5. 6. 7. MF( tI1Y ISSf0�1 of 111AMI, F�RItiA SUBJECT AMEND 6871 - REDUCE ZONED STREET WIDTH OF N.E. 9TH AVENUE APPROXIMATELY 160' NORTH OF N.E. 83 STREET. AMEND 6871 - CHANGE OF ZONING CLASSIFICATION - RIVERMONT PARK, 901 N.W. 13 AVENUE FROM R-4 TO W-I. AMEND 6871 - ESTABLISHING A NEW ZONING DISTRICT, R-CC; PROVIDING INTENT, USE REGULATIONS, ETC. AMEND 6871 - BY CHANGING THE ZONING CLASSIFICATION OF AREAS IN COCONUT GROVE FROM EXISTING ZONING TO R-CC. GRANT ONE-YEAR EXTENSION OF CONDITIONAL USE - 1320 N. BAYSHORE DRIVE. GRANT ONE-YEAR EXTENSION OF CONDITIONAL USE - 758-784 N.W. 22ND STREET. GRANT ONE-YEAR EXTENSION OF CONDITIONAL USE - 250 N.W. 73 TERRACE, TO PERMIT CONSTRUCTION OF TOWNHOUSE DEVEL- OPMENT. 8. PERSONAL APPEARANCE OF MR. CHALMERS R. WILSON REQUESTING COMMISSION TO INITIATE CHANGE IN ZONING ORDINANCE TO PERMIT RENTAL CAR AGENCIES IN C-3 ZONING DISTRICT. 9. REQUEST THE VACATION AND CLOSURE OF N.W. 33RD AVENUE FROM N.W. 13TH TERRACE NORTHERLY TO COMFORT CANAL - "YVETTE SUB". 10. MIAMI CARIBE INVESTMENTS REQUEST TO FILL SUBMERGED LAND ADJACENT TO 1627 AND 1643 BRICKELL AVENUE AND LOTS TO THE SOUTHWEST. 11. 12, DECLARING SOUTH MIAMI AVENUE FROM S.E. 15TH ROAD TO ALATKA STREET A SCENIC TRANSPORTATION CORRIDOR; ALSO PORTIONS OF SOUTH BAYSHORE DRIVE, MAIN HIGHWAY, ETC. APPEAL OF ZONING BOARD GRANT OF VARIANCE TO MARTIN E. DAVIS WAIVING SETBACK REQUIREMENTS - 2330 N.E. 7TH AVENUE. ORDINANCE OR RESOLUTION NO. DEFERRED FIRST READING FIRST READING FIRST READING R 76-949 R 76-950 PAGE 1-2 2-3 3-5 5-7 7 7 R 76-951 1 7 M 76-952 DEFERRED M 76-953 R 76-954 R 76-955 R 76-956 DEFERRED 8-9 10-16 17-33 34-50 50-51 l= UT S OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA * * * * * * * * ON THEt27TH DAY OF OCTOBER, 1976, THE CITY COMMISSION OF AMI,ALL, 55UURIDA MET AT VAN AMERICANTURiVE, AR MIAMI, bLORIDAPLACE ININ THE REGULARITY SESSION� MIAMI, THE MEETING WAS CALLED TO ORDER AT 2:22 O'CLOCK P.M. BY VICE -MAYOR ROSE CORDON WITH THE FOLLOWING MEMBERS OF THE COMMISSION FOUND TO BE PRESENT: Commissionen ManoZo Reboso Comma ssionen J. L. Ptummen, Jn. Vice -Mayon Rode Gordon ALSO PRESENT: Joseph R. Gkassie, City Manage) R. L. Fosmoen, Assistant City Manage) Geotge F. Knox, City Attorney Ralph G. Ong Le, City CQen(z Matty H.Lna.L, Assistant City CZenfz SENT: Mayon Maunice A. Fen)e CommLss.Lonek (Rev.) Theodane Gibson An invocation was detivened by Commt.ssionen J. L. Plummet, who then Zed those pnes ent in a p.Cedg e o i at egiance to the 6eag. A motion .to waive the neadLtg o6 the minutes was Lntnodueed and seconded and was passed unan.Lmousey. 1. AMEND 6871 - REDUCE ZONED STREET WIDTH OF N.E. 9TH AVENUE APPROX- IMATELY 160' NORTH OF N.E. 63 STREET. Vice -Mayor Rose Gordon: Ladies and gentlemen, the Mayor will not be able to be with us this afternoon due to circumstances beyond his control so we are going to continue with our meeting but we will not have a complete commission. So if there is anyone whose item is scheduled for hearing who would prefer having it deferred until our next meeting because of us not having a full board so signify please,by coming to the microphone and put in your name and your request and your item num- ber. UNIDENTIFIED SPEAKER: Good afternoon, I am Item #1. If the Mayor is not going to be here I would like to defer for the next session. Mrs. Gordon: Your name is? UNIDENTIFIED SPEAKER: Bueno. Mrs. Gordon: Mr. Bueno. You prefer a deferment. Mr, Plummer: Wait a minute, just for the record, let me clear one thing 0 here. It says that the applicant is Marie Meyer. Mr. Buena: I am acting in her name because we bought the property.,, Mr. Plummer: You bought the property? Mr, aob Davis: He's under contract, as l understand it Mr. Plummer, he iS 4 develw oper of the project which was Mr, ?1irnmer: Is it in order? Mf ► battiSt Yes, lift,Pitthitiert It's in order. Ok, fine, I just noticed his name was Marie Meyer. Thereupon a motion to defer was introduced by Commissioner Reboso and seconded by COMMiSsioher Plummer. Mr, Plummer: Please, I want the people in seconding the motion to understand that this has been a long standing policy since back when I was on the Zoning Board. Acid sir, I want to understand with you you have the right of one deferal. If for soiiie reason one is absent the next time I don't think they will look on it favor- ably because we're not only inconveniencing you but people who have come here to testify and I can tell you that next time it will be heard. Mrs. Gordon: Are there any other people on this item in objection? May I see a raise of hands, please? Before we call the vote on this I would like for you to Understand the request is in order and if you have no very very serious objection that this be deferred until the next meeting. (INAUDIBLE) You would. Alright, then there is no objection. Thereupon the motion to defer which was introduced by Commissioner Reboso and seconded by Commissioner Plummer was adopted by the following vote - AYES: Mr. Plummer, Mr. Reboso and Vice -Mayor Gordon NOES: Node. ABSENT: Commissioner Gibson and Mayor Ferre. Mr. Bob Davis: Madame Vice -Mayor, for the information of those people this would be scheduled then for the meeting of November 17th at approximately 3:00 O'Clock. And you will be re -notified, sir. Mrs. Gordon: Are there any other items that are scheduled that the applicants prefer a deferment? Any other? Alright, since there aren't any others we will now proceed with the agenda and we are now on Item #2. . MEND 6871M R� E`�O�,ZONING CLASSIFICATION - RIVERMONT PARK, 901 N.W. 13 Mr. Plummer: Are there any objectors? Mrs. Gordon: Is the applicant here? Mr. Plummer: The department recommended (A) and (B). Mrs. Gordon: Would the applicant come forward, please and state your name and address for the record so your presence will be noted. Mr. Fred Kirkland: Fred Kirkland is my name. I'm the President of Merrill Stevens Dry Dock Company on whose behalf we're making the application. Mrs. Gordon: Alright, Mr. Kirkland, is there anything you want to tell us about this application? Mr. Davis: The applicantion is self-evident I think. In your fact sheet the details were clear. If you have any questions we'd be happy to answer them. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LORS 2,3, & 4 LESS W5' AND LESS THE S20' OF LOT 4, BLOCK 1, RIVERMONT PARK (4-46), LOCATED AT 901 N.W. 13TH AVENUE, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO W-I (WATERFRONT INDUSTRIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANC NO. 6871, BY REFER- ENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner Plummer and seconded by Commissioner Reboso'. and passed on its first reading by title by the following vote: AYIrS; Mr. Reboso, Mr. Plummer and Vice -Mayor Gordon NOF$; None, ABSENT; Rev, Gibson and Mayor Ferre, • to City Attorney read the ordinance into the record and stated that copies available to members of the commission and to the public. AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE EONING ORDINANCE FOR THE CITY OF MIAMt, BY CHANGING THE ZON,, ttIO CLASSIFICATION OF THE W5' OF THE 550' OF LOT 1, BLOCK 1, RIVERMONT PARK (4-46), LOCATED AT 901 N.W. 13TH AVENUE, FROM tgyI (WATERFRONT INDUSTRIAL) TO R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION2 THEREOF; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Was introduced by Commissioner plummer and seconded by Commissioner Reboso and passed on its first reading by title by the following vote- AYES: Mr. Plummer, Mr. Reboso and Vice -Mayor Gordon NOES: None. ABSENT: Rev. Gibson and Mayor Ferre. 3, QMEND 6871 - ESTABLISHING A NEW ZONING DISTRICT, R-CC; PROVIDING INTENT, USE REGULATIONS, ETC, Mr. Acton: Item 43, members of the commission is the establishment of an R-CC District that comes to you as a recommendation for the Planning Study for Coconut Grove. If you recall, the commission did act on this particular item at one time and because of the length of time and various deferments it had to be referred back to the Planning Advisory Board for further action. But the R-CC District is intended to provide a low intensity either residential or commercial district that encourages a mixed use development. This district is intended to be applied in four different areas in Coconut Grove. The areas are shown in your fact sheet but to further amplify how they relate to other areas of Coconut Grove we have prepared two maps that show Coconut Grove in its entirety. One of the maps indicates those actions which the City of Miami has taken to date to implement the Study recommend- ations. That map is at the top of the board and the other map illustrates what zoning exists today in Coconut Grove including those districts that have been im- plemented by commission action. The Commission will note that in this district through the use of bonus floor area ratio incentives we have encouraged mixed use developments believing that mixed use developments in this area and other certain areas in the city would best combine and maximize the use of automobiles since the district allows for the reduction actually in the mixed use development of the number of spaces allocated for automobiles, thereby encouraging development of this nature by that vehicle as well as granting a bonus incentive of .15 for mixed use. The districts I say are shown in your fact sheet. Mr. Plummer: They're colored red? Mr. Acton: They also refer you to your fact sheets, Commissioner Plummer. The R-CC District exists, as you can tell, along 27th Avenue, at the end of Bridgeport, along Grand Avenue and along Bird Road close to Dixie Highway. Now if the commis- sion recalls, one of their requests in the past has been that when we establish a district you would also like to have the application of that district under con- sideration the same day. So the next item on your agenda is the actual applicat- ion, that's item #4. But this item is the establishment of the Zoning District itself and it does come to you with the recommendation of the Planning Advisory Board and the Planning Department. Mr. Plummer: Are there any objectors? Mrs. Gordon: Is there anyone here to speak to this item from the public either for or against? Mr. Plummer: Were all of the properties in question notified? (INAUDIBLE) The man in the back, Rose. Come up to the microphone. Mrs. Gordon: Would you come to the microphone if you have something to say, please. State your name please. Mr. Vincent Nash: My name is Vincent Nash and I live at 2630 S.W. 26th Street, 1' only question right now is are you planning to pass both on the ordinance and the establishment of the zoning district and then the actual zoning classification change at the some time? Mttis. Gordon: We're going to take one at a time but if one passes in likelihood ,the second one would unless there ate serious objections and they would be con- tittered. Mr. Nash: Well, the only objection I have at the moment is that despite the fact that there has been notification I represent a newly formed citizens organizat,- ion in that neighborhood on 27th Avenue where the changing is taking place and I really don't believe that people in that neighborhood are really aware of what the change actually entails and what the consequences of it will really be. Mrs. Gordon: If you're here as a representative, and I assume a leader of the group, I would like to ask Mr. Acton if he would be kind enough to enlighten this gentleman more specifically as to what effect this change would have upon that neighborhood. Mr. Acton: Well actually this particular district was developed foremost in mind, the 27th Avenue corridor. We believe that the R-4 zoning district presently appl- ied to 27th Avenue is not giving Coconut Grove the type of development that deserves to be at one of the major gateways to Coconut Grove and Dinner Key. The intent was to promote high quality low intensity developments very similar to some of the office developments that presently exist along 27th Avenue that does have an abund- ance of landscaping and the type of features that you usually associate with dev- elopment in Coconut Grove. The development is low intensity not to exceed three stories unless parking is provided at ground level in which case it could go up to four stories but the profile intentionally is kept low and as conditional use provisions of the ordinance we did include certain retail convenience facilities that could be developed with the approval, of course, of the Zoning Board as a part of the overall development. What we're really looking for is improving the overall quality of the type of development that presently exists along 27th Avenue with a few exceptions. Mr. Plummer: Might I suggest, George, that since he represents a group and this is first reading that you give him a detailed copy so that he can take it and take it back to his people and if they find any serious objections they can come back at the second reading and make their objections there. Mr. Acton: Well that's an excellent idea. I was thinking that perhaps it would be advisable to get together with this gentleman and his groupd prior to the sec- ond hearing to give them a further detailed explanation, exactly what the district represents and what will happen when it is applied to 27th Avenue in Coconut Grove. Mrs. Gordon: I was just going to suggest that. If you should find after receiv- ing the information that you would like a group meeting then we will be happyat y to furnish your representative of the Planning Department to your group. Doessound alright? Mr. Nash: That sounds fair to me and I have one question someone asked me to ask particularly about the 27th Avenue corridor. That question was why was the, I guess it's the southwest corner of Bird and 27th Avenue left out of the R-CC? There's a convenience store there now and the question is why wasn't that property included in the R-CC zoning. Mr. Acton: I believe it is a part of the C-2A Zoning District. Jack, is that part of the C-2A Zoning District, the southwest corner? Jack, I can't see the map I don't have it in front of me. See that part of the C-2A Zoning District which has been applied to certain areas of Coconut Grove based upon tye type of development that presently exists in that area and again to further enhance the type of development that we're looking for at the commercial node intersections such as Bird and 27th and the highway and Dixie Highway. Mrs. Gordon: I would suggest to the gentleman that among the other things that you might want to discuss when your group meets and we send a representative if you request one, that that question among other questions be asked so that your entire group will then be enlightened. Mr, Nash: Do we have any idea when the second reading for this will be? Mr. Plummer: Thirty days. M ', Nash: That would be like your next meeting then, Mummer: November 17th. M. Nash; Alright, that sounds fair to me then. NOTE: Reverend Gibson entered the meeting at 2;30 0401o0k #' bRbttfANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE CONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING A t4W APT. tetE XI-4, RESTDENTIAL OFFICE, R-CC DISTRICT, PROVIDING FOR fif'ENT, USE REGULATIONS, LIMITATIONS ON USE, AREA, YARDS* HEIGHT, LOT COVERAGE, SPACE, LANDSCAPING, PARKING AND SITE AND DEVELOPMENT PLAN APPROVAL; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. Wes introduced by Commissioner Plummer and seconded by Commissioner Gibson and"pAssed on its first reading by title by the following vote - AYES Mr, Plummer, Mr. Reboso, Rev. Gibson and Vice -Mayor Gordon. NOES: None. RESENT: Mayor Ferre. The City Attorney read the ordinance into the record and stated that copies had been furnished to the commissioners and that copies were available to the public. 4, AMEND 6871 BY CHANGING TONING CLASSIFICATION OF AREAS IN COCONUT GROVE FROM EXISTING ZONING TO K Mr. Acton: Item #4 is the application of the R-cc Zoning District, the four areas in Coconut Grove which again are depicted on the fact sheet map which we distri- buted to the commission. Rev. Gibson: Tell me what streets you're talking about. Mr. Acton: Grand Avenue which is again, Father, let me put it back on the screen for you. There are four areas. One of them is Grand Avenue which... Mrs. Gordon: Explain the benefits, George, please that would accrue to that area by this change of zoning. Mr. Acton: Along Grand Avenue, Father, you know we presently have C-4 zoning which does not prohibit certain uses such as body and paint shops which would not be de- sirable for that portion of Grand Avenue. What we're attempting to do along Grand Avenue by this new ordinance is to encourage high quality residential -commercial development with certain types of convenient retail as a conditional use. They're low intensity developments that will be in keeping with the surrounding low inten- sity R-1 and R-2 residential uses along Grand Avenue that purposely was designed for certain streets in Coconut Grove. We're looking for high quality combination type uses that are in keeping with the residential character of surrounding resi- dential uses. Rev. Gibson: Let's deal with specific streets. I may not know, I think I know those streets. Mr. Acton: Alright. Along Grand Avenue it goes from Margaret Street to within about two blocks of Plaza Street. If you recall we applied the C-2A District from Plaza Street to 37th Avenue. We've already done that. So what this district does now is to come in and fill in the gap that exists along Grand AVenue between where we applied the C-2A District from Margaret Street on one side to Plaza Street on the other side. We're eliminating the C-4 District which again it does allow such uses as general advertising signs which have proliferated, as you know, over the last two or three years and replacing it with a district that will give us the type of development we thing appropriate for the Grove. Rev. Gibson: I just want to voice what was said to me. Many of the people who live in the Grove starting at Mac Donald never knew this was to be heard today. I just want to serve notice and warning that when you come up for the final hear- ing if those people were to tell me that I'm going to be mad as hell. Ok? Not only that, I'm going to get my fellow commissioner, I hope I could persuade my fellow commissioners to do by them as is done by those others. You know? Mr, Acton: Yes, sir. Rev, Gibson: Ok. And a very interesting thing, most of you know who the hell raisers are about that zoning down and for them to he able to tell me that they were not aware angers me, Mts. Gordoh: Father Gibson, did they go or hear or anything about the Planning board When it met or just that they haven't been today's meeting or what? v, Gibson: Well, I don't know. Let me put it this way- they didn't know about today. I don't care what the Planning Board has said the buck stops here. Ok7 Mr. Plumnmer:My question again, Mr. Davis, I asked in the onset were the people that are affected notified. Mt. Bob Davis: And I answered, Mr. Plummer, and we have the records for it that all the property owners within the d°strict which are to be changed to R-CC were notified by mail of this meeting as well as for the Planning Advisory Board Meet- ing as of the tax records of this last year. Rev. Gibson: Ok, let me make this record clear. I'm not going to be objecting now I'll put you on notice. Ok? Mr. Plummer: Well, I'm going to object now if what you tell me is correct. Rev. Gibson: Let me say this, J. L., I want to give them the benefit of the doubt. Maybe the people didn't open their mail. Hopefully that's the case but all of you know now how I feel about when you come up for the next reading. Ok? So you'd better make sure they not only get it but you'd better see to it that some of them open it because if they say to me what was said last night and the night before and the night before ayes not guine be votin. Ok? Mr. Davis: Commissioner Gibson, I might point out that normally, and I'm saying normally in the normal course of events we do not notify people for second read- ing of an ordinance. We can in this case if you so wish. Rev. Gibson: Sir, sacred thing a man the benefit of the cessors have never they ever been too know what I'm talking about because I am.... I'm the object you're looking at. Ok, that's what that means. I wish that they be notified. One thing I learned - the most has is where he lives. And you know, I want to say this for commission: This commission, not these who are here, my prede- been too solicitous of notifying the people out there nor have anxious to listen to their complaints. Don't tell me I don't Mrs. Gordon: I want to make a suggestion which I think might be helpful and that is that Mr. Grassie, perhaps it might be helpful to the citizens of the city if our zoning sessions that we are setting aside special zoning sessions rather than as part of a full commission meeting be made in the evening the same as the Zoning Board meets in the evening. Now this is a great convenience to working people and if they're not here today it may be because they can't leave work and spend the day here. So might you think about that? Mr. Grassie: Certainly, I'll consult with your fellow commissioners. Mrs. Gordon: Alright. Now, will you read the ordinance, Mr. Knox, because this is a first reading and it will require a second reading and at that time we will expect that we will have more people present and maybe it will be in the evening who knows. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZON- ING CLASSIFICATION FROM R-1 (ONE FAMILY), R-2 (TWO FAMILY), R-4 (MEDIUM DENSITY MULTIPLE), R-CA (RESIDENTIAL OFFICE), C-1 (LOCAL COMMERCIAL), C-2 (COMMUNITY COMMERCIAL) AND C-4 (GENERAL COMMERCIAL) TO THE R-CC DISTRICT (RESIDENTIAL OFFICE) FOR AREA 1 - BOTH SIDES OF GRAND AVENUE BETWEEN MARGARET STREET AND 2 LOTS EAST OF PLAZA STREET, AREA 2 - BOTH SIDES OF WEST TRADE AVENUE AND S.W. 32ND AVENUE SOUTH OF DIXIE HIGHWAY, AREA 3 - BOTH SIDES OF BRIDGEPORT AVENUE SOUTH OF DIXIE HIGHWAY, AND AREA 4 - BATH SIDES OF 27TH AVENUE, BETWEEN S.W. 28TH STREET AND BIRD AVENUE, AS SHOWN ON THE MAPS ATTACHED HERETO AND MADE A PART HEREOF; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF THE SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDIN. ANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CON., TAINING A SEVERABILITY PROVISION. Was introduced by CoTh1ti4;ioner Plummer dhd p esed on its first reading 1r, title by AYES: Rev. Gibson, Mr. Plummer, Mt. Reboso NOES: None. ASSENT: Mayor Ferre. and the and seconded by Commissioner Reboso following vote Vice -Mayor Gordon. The City Attorney read the ordinance into the record and stated that copies had been furnished to the commissioners and that copies were available to the public. Jr GRANT ONE-YEAR EXTENSION OF CONDITIONAL USE - 1320 N. BAYSHORE DRIVE. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-949 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE GRANTED ON THE PROPERTY AT 1320 NORTH BAYSHORE DRIVE BY ZONING BOARD RESOLUTION NO. ZB 47-76. (Here follows body of resolution, omitted in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed adopted by the following vote - AYES: Rev. Gibson, Mr. Plummer and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. 6, GRANT ONE-YEAR EXTENSION OF CONDITIONAL USE - 758-784 N.W. 22ND STREET. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-950 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XX, SECTION 1(4)(d) TO PERMIT MEAT PROCESSING ON LOTS 23 THROUGH 27, BLOCK 1, RESUB OF JEFFERSON PARK (9-36) BEING 758-784 N.W. 22ND STREET, TO BE IN A NEW STRUCTURE, ZONED I-1 (LIGHT INDUSTRIAL), GRANTED BY ZONING BOARD RESOLUTION NO. 75-76. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Mr. Plummer, Rev. Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Mr. Reboso and Mayor Ferre. 7. GRANT ONE-YEAR EXTENS ION OF DEVELOPMENT,CONDITIONAL USE - 250 N.W. 73 TERRACE, TO PERMIT CONSTRUCTION OF TOWNHOU The following resolution was introduced by Commissioner Plummer, who moved its adoption: here and on file RESOLUTION NO. 76-951 X RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VII, SECTION 1(6-a)(a), TO PERMIT CONSTRUCTION OF TOWNHOUSE DEVELOPMENT ON N90' OF TRACT B-1, LESS W85', REVISED PLAT OF LE BOCAGE (35-13), BEING APPROX- IMATELY 250 N.W. 73rd TERRACE, CONSISTING OF 4 UNITS, SUBJECT TO REPLATTINC; ZONED R-3 (LOW DENSITY MULTIPLE), GRANTED BY ZONING BOARD RESOLUTION NO. ZB 77-76. (Here follows body of resolution, omitted here and on file ill the Office of the City Clerk,) Upon being seconded by Cot iissioner Gibson, the resolution was passed and dei3° Bd by the following vote, - Ant: Mr. Plummer, Rev. Gibson and Vice -Mayor Gordon. NOES: Nohe. 3S NT: Mr. Reboso and Mayor Ferre. 8. PERSONAL APPEARANCE OF m. CHALMERS R. WILSON REQUESTING COMMISSION TO INITIATE CHANGE IN ZONING ORDINANCE TO PERMIT RENTAL CAR AGENCIES IN C-) ZONING DISTRICT. Mr. Chalmers R. Wilson: I am Charlmers R. Wilson. I'm an attorney, 900 DuPont Building. I'm here representing the Avis Rent -a -Car systems, Inc. Mrs. Gordon: All right, will you tell us what your request is. Mr. Wilson: Members of the commission, our request is that you consider whether or not a rental car agency use is a compatible use in the C-3 Zoning Classificat- ion which encompasses all of the downtown area. Now Avis Rent -a -Car Agency is the only rent -a -car agency in the downtown area at the present time. The only reason they are is because they have been there for 18 years at the time the present zoning ordinance was adopted in 1961 and they're there under a non -conforming use at the present time. Mr. Plummer: How about Hertz? Mr. Wilson: They're not in the downtown area. Mr. Plummer: They're in the C-3. Mr. Wilson: They're in C-4.... Mts. Gordon: They're in C-2 I believe up further on the Boulevard Mr. Wilson: C-3 goes to 6th Street I think. Mrs. Gordon: Right, and they are on 1st I think. You're on lst aren't you? Mr. Plummer: I stand corrected. Mr. Wilson: We're on N.E. 1st, 240. Mrs. Gordon: Right, you're in the heart of C-3. Would you move that then to-- refer it to the department? Mr. Plummer: Are you willing to pay for the study, sir? Mr. Wilson: Yes, sir. Rev. Gibson: Let me ask; he's going to be paying for the study? Mr. Plummer: He agreed to it. Rev. Gibson: They agreed to it. Isn't that right, sir? Mr. Wilson: Yes, sir. Rev. Gibson: I just want to make sure you know. I don't want you to come back later on and say Ok, I'm voting because he says he wants to initiate and agrees to pay for whether you agree with us or disagree. Ok, you have my vote. Mr. Plummer: Like Father says, they're going to benefit by it. Mr. Wilson: Well, everybody else will I'm sure but we're moving towards i Rev. Gibson: Well, I know but the initial beneficiary would be you, Mr. Wilson: That's correct. fol o itig notion WAS inttoduded by Commissioner Plummer, who moved its tioh. MOTION NO. 76-952 A MOTION REQUESTING THE PLANNING DEPARTMENT TO STUDY THE POSSIBILITY OF INCLUDING RENTAL CAR AGENCIES AS A fiERMITiTEb USE IN C-3 ZONING DISTRICTS; THE COST OF SAID STUDY TO EE PAID FOR BY AVIS RENTAL CAR SYSTEMS, INC. Upon being seconded by Commissioner Gibson, the motion was passe 4dopted by the following vote- „ y gt Commissioner J. L. Plummer, Jr. Commissioner (Rev.) Theodore Gibson Vice -Mayor Rose Gordon SENTtt Commissioner Manolo Reboso Mayor Maurice A. Ferre NOS: Nohe. INAUDIBLE Rev. Gibson: You go to the mike. Mr. Plummer: Yes, because we're going to get dollars out of yottr pocket tob. Rev. Gibson: What company are you with? Mr. Steven Segal: My name is Steven Segal. I'm an attorney at 7800 Red Road in South Miami. I represent a Mr. Grethy (?), seated here in the blue jacket before you. He runs an automobile parking lot on 300 N.E. Biscayne Building. He's been doing that now for about 7 years. For about 5 of those 7 years he's been trying to get permission to rent and lease automobiles and he is in full support of a request to change the zoning .... Mrs. Gordon: To change the zoning, you mean to include that in the C-3? Mr. Segal: Yes. Rev. Gibson: Let me ask you this, I don't know if I could do this legally. You know to hear you say that, sir, maybe you aren't alone in that cause. Mr. Wilson: Oh no. I'd like somebody to join with me. It's all very welcome for somebody to join with me. Rev. Gibson: You see what I mean? I thought maybe you know. has some good reasons for that. His parking lot is Mr. Segal: Well, Mr. between two hotels. Rev. Gibson: ... All I'm saying is, and note he said he would be the beneficiary initially. Well you know I have no objections to including you helping to pay that bill if that's legal.. Mr. Plummer: On behalf of your client are you willing to go for half of the cost to make tie study? Mrs. Gordon: I don't think that is a proper subject for this We've already moved this into our department's hands and I'm sure they'll get in touch with him and if you'll leave your name. Mr. Segal did you say? If you'll leave your name with our department you'll be notified so when the meetings take place you'll be present. PL mit QUEST THE VACATION AND CLOSURE OF N W. 33RD AVENUE FROM N.W, 13TH TERRACE NORTHERLY TO COMFORT CANAL "YVETTE SUB", Mr, Hob Davis: This item, Madame Vice -Mayor, was deferred from your last meeting ih July so that the administration could try to determine whether or not this could be used for recreational purposes. This is the stub end of 33rd Avenue where it approaches Comfort Canal with no bridge. The applicant, Mr. Gonzalez is• here also. For your information we have this review as well as the one on the wall and the Planning Department has it's report on the administration's determin- ation recreational facilities for this situation. Mrs. Gordon: Mr. Gonzalez, just put your name and address into the record so that we know you're present. Mr. Nestor Gonzalez: My name is Nestor Gonzalez. I live at 350 S.W. 124th Avenue. Mrs. Gordon: All right, now the department. What is your recommendation? Mr. George Acton: Our recommendation is to approve the closure of the street based upon our analysis of what both the Park and Planning Departments believe would be an inappropriate location for a park of this size. If you recall during the last public hearing some of the commissioners voiced interest in perhaps look- ing into a mini -park at this particular location so both the Parks Department and the Planning Department investigated it and discovered that to maintain a facility of this size would cost somewhere in the vicinity of $7,500 to $9,000 per year in addition to the cost of development. .... Well, mini -parks are costing the City of Miami ...development together with the continuing operational costs. And the second point, commissioners, is the fact that when the street is closed the appli- cant must dedicate sufficient property to allow the development of a cul-de-sac which means that after the city closed the street the applicant will end up with about 600 square feet more than when he started the tentative plat procedure. Mrs. Gordon: Where would the cul-de-sac be? Will you show us the map that shows the cul-de-sac? Ok, will you pass it down for the other commissioners to see. Mr. Plummer: The question is who pays for the cul-de-sac? The developer pays? Is that correct? Mrs. Gordon: Who pays for the development of the cul-de-sac? Mr. Gonzalez: Yes, I was instructed to pay for the cul-de-sac, I agree with that. Mrs. Gordon: You agree. All right. Now, I wanted to ask if there are people here in objection to this item. If so, will you raise your hands. All right, I would now ask you one by one to come to the microphone, state your name and address and your objection. Mr. Thomas B. Flinges(?), Jr.: Thomas B. , Jr., 1520 N.W. 31 Avenue. My objection is there's not enough parking on this street for more housing in the area, there is already a parking problem. And being as there is only one street in and out it's quite a bit of congestion for the amount of people in the area. Mrs. Gordon: All right. Mr. Acton, may I ask you a question? In your recommendat- ion to close this portion are you recommending that it be allowed as a building site? Mr. Acton: We asked the developer what his plans were for the area and he told us it was the combination of parking and open space. In other words we can't condit- ion the closure of that street so it would be maintained in green open space if that's what you had in mind. That was one of my questions to the developer, you know would he maintain this area in green open space and he said most of the open space would be used for combination parking and green space. Mrs. Gordon: How many units can the developer place upon his property now without the closure? Mr. Acton: There are four platted lots, There's 25,000 square feet in that prop- erty. They're blind lots. The problem is that he would still need access to get to the lots. In other words they don't have public access at this point. The access was cut off at the time the expressway was built through there but the total area is 25,000 square feet. Mrs, Gordon: We're going to look at a map that shows us what it is. There is AO access into that property? t 4M b-tilt` Acton: Right, lei othei Wards twc of the lats presently do hot have tt% ci tde55. Mrs, Gordon: It would have to be developed as a Planned Atea DeVelotaght, M Acton: That is right. It's the only way that he can develop in any Cage, Mrs. Gordon: In either case. MY, Acton: That's right. In either case he would have to be done as a planned,.. Mrs. Gordon: And in a Planned Area Development he could probably get 8 units with his present holdings. Is that what you're saying? Mr. Acton: That is correct. Mrs. Gordon: Ok. Now if this is closed then he could get what, 10? Mr. Acton: No, it would still be 8 units. When he closes it tehelggets snroughly 25,000 square feet so he's entitled to 8 unitsas aMrs. Gordon: He doesn't close the street and he gets 8 units and he closes the street and he gets 8 units, either way he gets 8 units? Mrs. Acton: Well, right now there are two lots as Mr. Davis pointed out that are blind lots that do not have access so that would require private road to gain access. to those lots but the lot area still would be sufficient to entitle the man to 8 units in either case. That's right. Mrs. Gordon: You also have one lot that is on the east side of the closure that probably could take a building of two units. Is that correct? Mr. Acton: That lot is already developed with a duplex, Commissioner Gordon. There is a duplex on that lot at the present time. Mrs. Gordon: So then if we don't close this street he can develop what's remain- ing into 8 units. Correct? Mr. Acton: That's correct. Mrs. Gordon: If we close the street he can only develop it into 8 units, is that correct? Mr. Acton: That's right. Mrs. Gordon: Ok. Is that understandable? Mr. Acton: But the point is that we would wind up with a better development when we go through the Planned Unit Development Process. Mrs. Gordon: It is important, Mr. Acton, that the objectors understand that the density will not be increased nor will the number of vehicles be increased if the closure takes place and that's I'm stressing when I question and requestion you in this manner. I'm not trying to be repetitious, just to get a clarification. Mr. Davis: Perhaps I can clarify it a little bit for you. He is gaining 6,040 feet by the closure but he's giving up 5,440 for his other easements and for cul- de-sacs and so forth so he's gaining not a great deal. Rev, Gibson: Well, then he isn't gaining. Mrs. Gordon: He's gaining 600 square feet. Rev. Gibson: Say that again. Mr, Acton: He's actually gaining 600 square feet by the closure of the street because by the time he dedicates sufficient land to increase the right-of-way he winds up with approximately 600 square feet which really does not entitle him to any additional units of development, Rev, Gibson: Well, you know when you say he gains that's misleading, If yOU say he's getting 600 square feet that's a different story. You see? Ok. et t, Gordon: Ok, the next objector, would you come forward please and state your The and address for the record. Mrs. Sharon Harkey: My name is Sharon Harkey and I live at 3298 N.W. 13th Terrace. the first comment I'd like to make is the story is slightly changed from the first Meeting we attended which was the Zoning Board in which they did state that Mr. Gonzalez would gain additional units through this property. Ok? Second of all I Would like to make the point clear that it is not one unit that is built on this lot but two units he has already built on the east side of what would be 33rd Ave. Mrs. Gordon: You mean one building with two units in it or two separate buildings? Mrs. Harkey: Two buildings with four units. Ok? So it's a total of four units. Mrs. Gordon: On one lot? Mrs. Harkey: Two duplexes are built there which is four families can live there. Mrs. Gordon: Mr. Acton, will you point to that location Mrs. Harkey is speaking to. Oh, it doesn't show in blue that he owns that one next to it. Mr. Gonzalez: Mrs. Gordon, the purpose of this lot J is in blue is because part of the street is added to that lot. I think 10 feet to make 60 frontage lot. That's the reason it is in blue and it ain't got nothing to do with the other front lot. If you included the amount of square footage included in the "J" lot it's not 24,000 it's about 30 or 31,000. So that has nothing to do with the clos- ing of the street and the development of the other four lots. Mrs. Gordon: Because it is already developed. Mr. Gonzalez: It's already developed and the only reason it is in blue is because part of the street has to be added to that lot. Any time you close a street and you have two adjacent lots you have to add it, you know that. Mrs. Gordon: It has to be divided between the abutting property owners. Mr. Gonzalez: Not exactly divided I guess, I think it is added....60 or 75 .,. Mrs. Gordon: Yes, I understand but I also... Do you own them? Mr. Gonzalez: Yes, I own it. Mrs. Gordon: Well, I also understand it could probably, if I'm not mistaken correct me if I'm wrong, Mr. Acton, be included in the Planned Area Development as part of it so that the extra footage would not go necessarily to that lot on the east but be counted in as part of a development scheme. Mr. Acton: The extra footage goes to that lot, commissioner Gordon. When you close a street and the half goes to one lot and half goes to the other lot. I understand what you're saying but that's not the case here. We were pretty sure... Mrs. Gordon: What assurance will we have, the commission, that the cul-de-sac will be put in and that in fact the ... Is there a plat to show that? Is that part of today's hearing? Mr. Acton: That's right. This is part of the condition for a tentative plat approval. In other words the Zoning Board could not grant the plat until such time as the closure of the street was approved by the City Commission. And, of course, the plat indicates and shows the cul-de-sac as part of the developer's responsibility. Mrs, Harkey: Like I say, I want to make that point clear. When you say 8 units you're speaking four duplexes and he can now build.... Mrs. Gordon: I consider a unit a single living quarter whether it's under one roof or what. Mrs. Harkey: Ok. Like I say in the first meeting which was before the Zoning Board we were told that he could put in 51 duplexes was what was said which would then be more than 8 family units. ?4 , Plummer; How do you put in a half a duplex? Mrs. Harkey: I don't know but that's exactly, if you'll read the minutes of the meeting from that Zoning Board meeting that's exactly what it says if 51, Mrs Gordon I understand what they mean. Mrs: Harkey: Ail right► I'd like to continue on and bring out a couple of points. YOU posed a question to me at the last Commission Meeting about the number of Children in the area when you made mention of the mini -park, and at this tiMe I'd like to answer your question. In figures there are 21 children in the one block area between what would be 33rd Avenue and 32nd Place. I think you can see it on the map right there. It would be where the bridge is to the expressway. That one street there has 21 children at the present time not including the number of child- ren that may move in when Mr. Gonzalez does develop the property whether it be with this street or without. I don't know if you went out to look at the area I do know that that was brought up and if you have looked at. the area we've also pro- vided photographs and I have them with me again of the fact that there are no yards for these children to play in because they are taken up with automobiles. There is one unit that has six automobiles and two parking spaces.so consequently the People park all over the front yard and the children play in the street which is definitely a hazard. To come up and down the street you have to constantly be aware of all these children running back and forth and 21 children is a lot of children on one block. Another point I'd like to make is the fact that when we did discuss the mini -park at the last commission meeting my husband were sort of the representatives of the neighborhood since we at that time presented a petition objecting to the closure of the street by the residents. We have since talked to the residents and they were very enthusiastic about a mini -park. So as a con- sequence we have another petition and these people really do want a mini -park for their children. They don't want their children in the street to play. I don't know if $7,500 is too much to pay for our children or not, I personally don't think so because one of those children happens to be mine. Ok? There was one other point I'd like to bring out and that was the issue of the cul-de-sac. Is that also going to mean the closure of the south side of 33rd Avenue south of 13th Terrace? Mrs. Gordon: Mr. Davis, if you speak to the microphone then it will be part of the record. Mr. Davis: The Cul-de-sac does not affect the southeasterly side which is where this lady's property is located. The cul-de-sac is right here and her property is right here. Mrs. Harkey: The reason why I mentioned that is I don't know if you're aware of the fact but that little piece of property next to ours, the south side of 33rd Avenue south of N.W. 13th Terrace, we were given permission to fence that property and use it for our own which means we would then lose that piece for the cul-de- sac. I just want to bring that point out, I didn't know if that included that From that graph it appears Oh, so, in fact, it does fence by the city and which by the way at the They ride their bicycles piece or not but apparently it does include some of it. that it does, I don't know if it does or not. Does it? include a piece that we were already given permission to use as our own property, to maintain as our own property present time the children use this for their play area. through there and whatever. Mrs. Gordon: Did you know that, Mr. Davis? You didn't? Ok. Mr. Davis: Evidently this was given, permission was given by Public Works. We do have a representative of Public Works at all of our Zoning Board Meetings but the matter never came out before. It's the first I've heard of it. Mr. Glen Harkey: My name is Glen Harkey and I reside at 3298 N.W. 13th Terrace and I knew better than to let my wife speak first because she's said most all I need to say. I'd like to correct Mr. Davis, I have a copy of the letter here with the stipulations. Also, I believe it is in the copy of the minutes of the last meeting. Mr, Plummer: What does the letter say that you have a copy of? Mr. Harkey: It is, in fact, from Mr. Vince E. Grimm, Jr., Director of the Depart- ment of Public Works. I read it into the record at the last meeting. I'd like to pass it to you people if I may. Mrs. Gordon: Read it into the record, it's better. Mr. Harkey: Basically, it's restrictions to what we can and can't do. We can't file for ownership, we can fence it off but we must relinquish all rights to future ownership in any event the city needs..., I would like to introduce that into the pubiic record if I may. Also, I have a copy of the petition signed by the neighbors_ supporting the call for a mini -park in that area. Gordon: Would you deliver both of those to the Clerk, Mr. Harkey, and then if Vau Want to `retain a copy we'll give you back... Mt. Harkey: No, ma'm, i have copies, thank you. Also # would like to subfllit the Past petition and stating their desires hot to see the stteet officially closed and Vacated. Mts. Gordon: Could I please ask the people in the back of the tool to go ihto the lobby area? Mr. Harkey: Madame Vice -Mayor, according to some of the questions that I Would like to bring out that were brought out in the last meeting from this copy of the minutes it says here it is a suitable type of recreation for the neighborhood and since it is public land it ought to be used for public use. Mr. Plummer here does address Mr. Gonzalez asking him if that's all he wants to do is to grass it off for parking spaces, keep it as an open which he stipulates yes. But there were some questions brought up that were never really fully answered by the City Legal Department and those were as to whether or not he could increase the density by you voting him the priviledge of having it closed and vacated. Mr. Bob Davis here says, "However the intention of this entire petition is to enlarge the tract to increase the density for the Planned Unit Development." Now I'm not familiar With legalities concerning Planned Unit Developments but I do know that when it stipulates right here that it is, in fact, to enlarge and to increase the density I understand those two terms there and also Mr. Plummer says on no, that's maybe what he wants to do but it's like Father told the cemetery. Sir, we ain't going to give you nothing for free. And Mr. Plummer, I sure hope you don't keep chas- ing those bad people because I'd hate to have you be hurt and lose a terrific asset to the City Commission. It's people like you that protect the people such as we citizens from being taken advantage through legal jargon. Just common sense dictates to me, I don't understand why if it is to no advantage to this man to have it closed and vacated why he would go through the entire processing of having it brought before you and the City Commission, why it would be necessary to go to a Zoning Board. Common sense would dictate that if it is to no advantage then why spend all that money to get it done. I feel that we've proved our point and I feel that if the majority of the people are, in fact, to be prevalent that I don't feel that there are any more arguments that we can present as far as right or wrong in our point. Thank you very much. Mrs. Gordon: A11 right, Mr. Harkey. Is there anyone else to speak to this appli- cation? Mr. Gonzalez: May I say something, Mrs. Gordon? Mrs. Gordon: Yes, of course, you have rebuttal but I want to see if there is any more people opposing your application. Apparently not, then go ahead. Mr. Gonzalez: About the amount of money I have spent, I haven't spent any amount of money, I have spent only the amount of money I had to pay to the engineer for the subdivision. I don't even brought the attorney or something like that and I have plenty of them if I want to have it and I leave it up to you if you see that it is an injustice to the community. You are the people that are supposed to, it doesn't seem to me otherwise. I...and not to do any harm to the people because I wouldn't like for that to be known in my neighborhood where I live. That's all. Mrs. Gordon: Mr. Acton, your point of acquiring or the gain of 6,000 was off -set by the loss of 5,400 square feet. It's a little bit cloudy as far as I'm concerned. Will you be more specific? Looking at the drawing, where is the loss of the 5,400 as compared to the gain of the 6,000? Mr. Acton: The loss of the land by the developer is the required dedication to extend... Mrs. Gordon: That's part of his present property? Mr, Acton: Right, plus the corresponding amount on the other side plus the amount of land that he would lose for the installation of the cul-de-sac. So by the time that you deduct those dedications to the City of Miami from the amount of land that he would be gaining from the closure of the street it comes up with a plus 600 square feet for the developer because he is dedicating land. Mrs. Gordon: I have to ask you a question. If you drew a straight line on the south side where the cul-de-sac dips down where the Harkeys are presently utilix- ing that little triangle would that do severe damage to the cul-de-sac? Mr: ►oton: I'm afraid I don't quite follow you, Commissioner Gordon. sdotdon: The south side where there is a complete circle, if that circle was t a complete circle but retained in that fashion, would that do tremendous data= age to the cul-de-sac? Mt. Acton: Yes, it would be less than the desired radius for a cul-de-sac accord- ing to city standards. Mts. Gordon: Could that cul-de-sac be moved northward to some degree? Mr. Acton: That's a possibility. In other words it could be, that, of course, Would take additional land from the developer but that is a possibility, Cbn is- sioner Gordon. Mrs. Gordon: Ok. I don't know how the rest of the commission feels but if they'd like to express themselves on it I'd like to hear your opinion. Personally, I think that there would be more equity served if the cul-de-sac was, in fact, moved to the north to the degree necessary to retain that little area to the south. It Certainly would be fair if you're going to close the street on the north that you not do it at the expense of someone living on the south. Mr. Davis: Without any computations I would expect that it would still leave the applicant with enough land to develop his 8 units. I don't think it would reduce it below that but perhaps it could be adjusted to make sure that it wouldn't. It would have to be drawn out to determine. Mrs. Gordon: Well, what if we defer this item and give you the opportunity to do some computations? Mr. Acton: That's what I was going to suggest, Commissioner Gordon. Why don't you defer the item and let us work with the developer to see whether we can ac- commodate that kind of a desire on the part Mr. Plummer: Let me ask a question. You said it was impractical to put in a mini -park? Mr. Grassie: I didn't say that, Commissioner, but based on what the staff has indicated and based on our evaluation of mini -parks of that size generally yes, it would be impractical. Mr. Plummer: I move to deny. I thought it was a good idea with a mini -park, it can't be feasible so I move to deny. INAUDIBLE Mrs. Gordon: Is there a second to the motion to deny? I don't hear a second to the motion to deny. Is there another motion then? Rev. Gibson: I move to defer so that the staff and the developer may get together and see if it can be accomodated. Then if it isn't possible to accomodate as Mrs. Gordon has discussed with Mr. Acton then I think at that time we could take the necessary action. But I raise a question. The triangle that we're trying to, and I hope Mr. Acton will answer this for me, the triangle that you're trying to save belongs to whom? Mrs. Gordon: It's the same as the street. Mr. Acton: The city owns that portion. It is presently used by the Rev. Gibson: I'm not trying to tip my hand but I just want to make sure everybody understands. The triangle piece of land belongs to the city. Win/lose or draw it is going to be city property. Isn't that right? Mr. ACton: That's correct. Rev. Gibson: Ok. So the people who are objecting would have no more equity in that property than if we did otherwise. Isn't that right? Ok, I just want to make sure everybody understands, However, I want the opportunity for the staff and the developer to confer and if they can accomodate each other that is one thing based on Mrs. Cordon's references and if they can't then I'1i make that hard-nosed decis4.on. Thereupon a motion to defer Was introduced by Rev. Gibson, seconded by ddIMMissioner Reboso and passed and adopted by the following vote MS: Mr. Reboso, Rev. Gibson and Mrs. Gordon. MotSt Mr. Plummer. WENT: Mayor Ferre. Mrs. Gordon: I suggest to you, Mr. Acton, when you have your meeting if you will ca11 the objectors in to be present it is Very possible that we can resolve this at the next meeting. Mr. Acton: I want to point out to the commission that there is quite a bit of land in that area that would be totally useless to the city in terms of mainten" ance. So it is our intention when we evaluate.... Rev. Gibson: I didn't hear that. Mr. Acton: There is land in the public right-of-way that would be useless and an added burden to the City of Miami to maintain. I refer specifically to that land that lies to the north and to the west of the cul-de-sac. In other words the City of Miami is actually retaining that land, it's ownership but it's not developed and it's another maintenance problem so in our re-evaluation of the sit- uation I think we'll take another look at exactly what was recommended by the street and Plat Committee and see if we can't come up with a configuration that's more suitable for the development of the neighborhood taking into consideration the concern of both the developer and the Mrs. Gordon: Right, and all parties living in the area to be considered equally. Ok. Did you want to say something, sir, before we.... UNIDENTIFIED:Madame Vice -Mayor, this property has never been maintained by the City of Miami. It's never been maintained. It's been fenced off previously by Mr. Cecil Cooper. I have a photograph, an aerial photograph taken in 1964 before the expressway ever in and it shows this clearly fenced off. It's never been maintained by the City. It's not been maintained to this day. Mrs. Gordon: You mean that southerly portion, the cross -hatch part, is that what you're referring to? UNIDENTIFIED:Yes, ma'am. The entire piece has never been maintained. It has been fenced off, in fact, the existing fence is still there. Mrs. Gordon: You will leave your name with our department, you will be called to meet when the applicant and the department meets if you'd like. We deferred this item so we're not going to do anything further today but it will come back and by that time you and the department will get together. Ok? Mr. Gonzalez: That's what I would like to happen.... I have been dragging with this for almost a year.... Mrs. Gordon: You mean you'd rather have a denial today? Mr. Gonzalez: I don't say yes but I gave it a big thought. INAUDIBLE Mrs. Gordon: Ok, that matter is now over. Thank you, sir. SE INVESTMENTS REQU -S1 TO FILL SUBMERGED LAND ADJACENT TO 162/ R I CKELL VE AN LOTS TO THE SOUTHWEST Mts, Gordon: First, will you identify yourself, sit, and then We'll have a reciha, mendation from the department. Mt. Harold Green: My name is Harold Green, I'm an attorney, I represent Miafni Caribe, Mary Anne Coe and the other parties involved. Mr. Plummer: What do you want to do? Mts. Gordon: Ok. Do you want to speak to it, Mr. Green or do you want our depart- ment to tell us what they have to say first? Mr. Green: I think if they would go ahead I'd be happy to provide additional information. Mr. Acton: This particular parcel of land is rather unique. It is a designated Environmental Preservation District. And after we examined the request for fill- ing the bay and weighing that request against the environmental features this particular property has it was felt that filling of the bay would be both benefic- ial in terms of preserving certain environmental features of this site in the fut- ure. As you know, this property is zoned R-5A and most of the R-5A developed properties do intensively develop the bayfront with pool activities, structures that take advantage of the water and this being the case the department believes that the application should be approved with the understanding that future devel- opment would preserve as many of the unique environmental features of the site as possible. That's what we based our recommendation on. Mrs. Gordon: May I ask you a question about this Environmental Preservation District? We're going to be dealing with that quite a bit a little later. What does that specifically entail with regard to the Environmental Board? Do they hear this? Mr. Acton: Yes. Mrs. Gordon: Have they heard this then? Mr. Acton: They will not hear this particular parcel of that is redeveloped. Rev. Gibson: Until what? Mr. Acton: Until such time as the property is redeveloped. As sson as they file an application for redevelopment it goes before the Environmental Preservation Board for review. Rev. Gibson: You know what I don't understand? I'd like for you to tell me this: What would be the purpose, what good purpose will it serve to go before the board for a review? It would appear to me that this would be after the fact. Alright, let me put it the other way. Right now they don't have the right to fill that land. Is that right? Mr. Acton: Correct. Rev. Gibson: Ok. You don't have the right to fill that land. After you fill it then you go before the board and what are you going to ask the board at that time? Mr. Acton: No, Father Gibson, this property is presently developed, as you know, with single family estate developments. The request is for filling the land. Now if and when such time as the property is sold or redeveloped as an R-5A development at that point in time the entire parcel of land would go before the Environmental Preservation Board for site plan review to make sure that, in fact, the develop- ment was trying to preserve as many of the environmental features as possible. Rev. Gibson: Let me put the other way as a layman. Wouldn't it be more advantageous to ask now than to ask after? You know you're the professional. I'll tell you what I'm going to do. I want you on the record. You are telling us that that's the right thing to do in the best interest of the city and in the best interest of environ- mental preservation. Is that what you're telling us? Mr, Acton: That's correct. Rev. Gibson: Ok, let me raise another question. Is that what that state hoard has said? . Acton: t can't answer that question. ... No, we have a letter on file from... itev. Gibson: Did you ask them? Did they answer? Mt, Acton: There's a letter on file but as far as t know the applicant does not have a permit for filling at this point in time. 'tev. Gibson: Ok, let me askit to you the other way. You know Mr. Acton you're a big boy and a smart man. Ok? Ok, tell me what the letter says. Mr. Acton: It's a three page letter... kev. Gibson: If it is 10 they had a reason for writing it 10 pages rather than 1. I'll understand. Mr. Acton: The letter did state that there were certain environmental features, I don't have it right in front of me Father Gibson, in the bay that were worthy of preservation. However, we as the department felt that the environmental feat- ures on the land overrode any preservation of the ecology, the ecology of the bay between the existing land and the bulkhead line. Mrs. Gordon: When was this put into the classification of an environmental pres- ervation district, please Mr. Acton? Mr. Acton: It's been at least a year ago, Commissioner Gordon. I don't have the exact date, I could find out... Mrs. Gordon: What I have trouble with is procedure right now. On procedure, when we have Environmental Preservation Districts what's the function of having environ- mental boards? We do have such a board don't we? Mr. Acton: Yes. Mrs. Gordon: What do they do? Mr. Acton: They review all properties that are subject to additions or alterat- ions or redevelopment that are designated environmental preservation districts. Mrs. Gordon: You mean anything to do with a piece of property under that designat- ion? 0r are there certain exclusions, are there written in exclusions or anything like that? Mr. Acton: It's any redevelopment, any conditions or alterations, any request for removal of trees on those properties must be reviewed by the Environmental Preservation Board. Mrs. Gordon: You mean to tell me then it is silent on type of application, is. that it? Mr. Acton: Yes, that's correct. Mrs. Gordon: And it's silent so then you assume they don't have any jurisdictional... Mr. Acton: That's correct. Mr. Davis: Madame Vice -Mayor, if I may clarify it, the Environmental Preservation Board serves the function of backing up the Environmental Preservation Administrator not, and the board does not serve necessarily as a reviewing and recommending body to the commission. Mrs. Gordon: Who do they serve as a recommending body to? Who is the administrator? Mr. Davis: Their action can be appealed to the commission but what they are doing, any building permit which comes in which shows a need for instance for removal of trees, the administrator will make a decision and is backed up by the board if it needs to go to the board. Mrs. Gordon: I'm not speaking to this application at all, I'm only speaking to procedure because I think it is necessary that we understand the right procedure and that we not interpret procedure just the way we want to interpret it but the way it is spelled out. Mt, Davis: That's exactly what I'm trying to say, Mrs. Gordon, is that the board does not necessarily serve as a recommending body to this commission on other environmental problems. fr. 'teVs Gibson: Well let Me ask this. As a layman I find it difficult to vote on ltitattet that says, you knots fill the bay. After I fill the bay now I don't uhd'efstand what you're saying but I'm doggone sure you'll understand what I'm eayiig. t don't understand how you can come to me and say, can I fill the bay and t say yes, fill the bay. After I fill the bay based on what you told the earlier then an Environmental Preservation group says, you know you shouldn't have filled that bay. I bet you doggone it you understood that. Isn't that tight? Now what you're telling me, you're telling me well go ahead and vote. And then afterwards you say then I go to the board and the board says, you Ted Gibson, you should have had more sense than to do that. Then you know what I would say? Why in the hell you didn't tell me before I did it. Do you under- stand what I'm saying? I'm concerned, Rose, about the procedure. I'm not opposed to this. I am just concerned uptight about the procedure because you're tying my hands behind me and I'm fighting like the devil to untie it. Now, Mr. Manager, somewhere you ought to get the horse before the cart and not the cart before the horse. I don't mean you, I mean, you know. Mr. Grassie: I agree with you, Commissioner. I wonder if just possibly I'm the only one that doesn't understand this but George, is it the case that the applic- ant can, in fact, fill the bay based on the approval of this City Commission or nor? My impression is the answer is no. Mr. Acton: That's correct. Mr. Grassie: Now is that the case? Mr. Acton: Yes, that is correct. He cannot fill it. Mr. Grassie: The applicant cannot fill the bay based on your action. Now what has to take place before they can fill they bay? What do they have to do? Mr. Acton: Well, they have to get State of Florida approval to do that. Mr. Grassie: From what agency? Mr. Acton: It's the I.I. Board but I'm thinking of the procedure they have to go through to get the.... Mr. Grassie: Is it necessary that they come before this City Commission before they go to the state? Mr. Acton: Yes, to get approval of local agencies. Mrs. Gordon: Yes, sir. We're not addressing ourselves to that, at least I'm not. Mr. Grassie: Ok. But I think that Father Gibson's point was that the action of this City Commission would authorize the applicant and then the environmental question would be raised and it would be too late. Rev. Gibson: Right. Mr. Grassie: Now if that is the case then, of course, we're making a mistake. The point I'm trying to make is that if the procedure is different, if the applic- ant has to come to this body and must get your approval before they can go to the state and if they cannot do anything until the state gives them permission then this is in a way not a final step but a preliminary step. Now if what I'm saying is true then this makes sense. If it is not true I think we need to clarify it. Mrs. Gordon: It's still further than that because this property falls into a hammock type of vegetation and environmental conditions which makes it unique. ... No. What he's saying is not addressing the City's Environmental Preservation Dist- rict which is what I'm addressing which in my opinion, for what it's worth, should this application should have gone not only to your Planning Board but to whoever is in charge. If you don't have to have a recommendation to us but to an Environ- mental director who is it? I don't know. Are you? Mr. Acton: No, Mr. Ferencik can answer your questions on the Environmental Board, he's here, Mrs, Gordon: Ok. Who is the Director of the Environmental Preservation who the Environmental Preservation Board reports to? Who is it? Robert Ferencik; The Environmental Preservation Board operates under my depart- ment, 4 C2 Mf'se Gordon: Ok. Was this application taken to you and through you to whoever it is that sits as a board for that purpose or not? t'erencik: No, and I don't know, the question that you really have to address is Whether or not the Environmental Preservation District embraces the subssterged land. I don't know that the original intent of the ordinance included the sub., Merged land. I don't believe the expertise on the board as it's constituted would go to snaking determinations on the ecology under the bay. They are primarily peo- ple who ;Hake decisions in terms of landscaping and trees and the physical preservat- ion of the land and the bluffs down there, the hammock development and that sort of thing. I don't know that their responsibility or that the ordinance really goes to the question of the submerged land. This question has never come up before. UNINTELLIGIBLE Mts. Gordon: Let Father finish his statement and I'll be glad to let you. Rev. Gibson: Mr. Acton, I don't understand all that drawing on the board. Explain that to me. What does the yellow mean? Mr. Acton: The yellow area is the area to be filled. Rev. Gibson: Ok, now what is that area that is not yellow? What does that mean? Mr. Acton: The blue area.... Rev. Gibson: No, I don't mean the blue. No. Go right from that yellow keep right straight... Mrs. Gordon: Northeasterly. Go north instead of south. INAUDIBLE Mr. Acton: Do you mean the radius, the light green? Rev. Gibson: Right. Mrs. Gordon: That's what he's talking about. Rev. Gibson: My point is if you are going to fill... That's why I said if you come here asking me you know you ought to check out all this before you come. Why don't you fill the whole thing? UNIDENTIFIED SPEAKER: No application. Mr. Acton: That's right, it's done by separate applications, Father Gibson. Mr. Greene: It's got to be an application. Mrs. Gordon: Separate application, there's also a matter of title ownership... Rev. Gibson: I want to ask it another way. You know most of the people who come down here wanting to fill land are big business boys. They kind of you know. Wouldn't it be to the advantage, I know if we were operating the church, wouldn't it be to the advantage to ask those people next to you... I'm just asking. Say let's go and try to fill this thing and straighten it out once and for all. I don't know too much about costs but I do know it will cost less. And again, Mr. Grassie, this isn't your baby but you are sitting in that seat. I don't under- stand how, I really don't understand how we are going to act on this and after we act on it it goes to the Environmental Preservation Board. Man! Mr. Greene: Perhaps I can answer the reverend's question. Rev. Gibson: Please! Because I'm about to get the Holy Ghost and you're about to stop. Ok. Mr. Greene: Never, that's happened once and I'll never do it again, Mrs. Gordon: Alright, you want to make your presentation, you probably wish you'd done it before. Huh? Mr. Greene: Well, I'm not going to try to make a full presentation but I will try and answer the question, The application that we filed is strictly and solely the area of bay bottom that's owned by the applicant. That's all. It has nothing to cdcs with the development of the property which is adjoining the baybottom. When we c t to that stage if this is approved and if it is approved by the state agencies iWWbved and we then have permission to fill this land before we can even start to fill based on the development plan that we then propose we have to come back to the city a second time and say, "Ok, this is the way we want to develop the property hove and if we develop it in accordance with this then we have to fill in this land all as a part of the plan." Right now we can't come to the city with any kind of development plan for this parcel of property because we don't know whether or not We'11 get permission to fill. At that stage the environmental board will be direct- ly involved. It will be part of the act and we will have to get their approval to do anything on the upland property. Right now we can't go in and ask for approval for anything on the upland property because we don't know what we'll be able to preserve based on how much of the fill area we'll be able to utilize. So we can't go to them and ask for their approval yet until we know what we can fill in. What the staff has said is based on what we can build on the property we would save a great deal more of the environmentally sensitive area which is on the upland prop- erty by filling in this area in the bay than we could possibly preserve if we could not fill in this area in the bay and that's what we're trying to do. The applicants here are not interested in destroying the ecological and environmental areas in- volved in the total parcel. What we're trying to do and the reason we're going in for the fill permit here is so that we can preserve as much of those environmental areas as is possible and still build what we're entitled to build under the exist- ing City Code. Rev. Gibson: Ok, let me raise it to you. You know counsel, you're a pretty smart roan, I've known you a long time. Mr. Greene: I thank you for the compliment. Rev. Gibson: Oh yes, I've got to compliemtn you. You're a smart man. Let me ask you this. You know wouldn't it be nice if you all had found out whether or not that was environmentally advantageous or not and then say to us you know? You see what I'm concerned is you destroy all the doggone stuff you're trying to preserve and then you know you haven't destroyed it then you say, well you ought to let me build. Mr. Greene:We're not going to do that. That's the point. We're going to try to preserve it. Rev. Gibson: Ok, counsel, when you fill what have you done? Mr. Greene: We're going to fill in a porticn of baybottom which I think if when we make our application and we make our presentation we will show to you is pract- ically worthless in its present state. Rev. Gibson: I'm not talking about... You see, that's the thing. I am not con- cerned about the present state. I'm concerned about how advantageous environment- ally is it to us, the public? Mr. Greene: It is advantageous environmentally because if we can get the right to fill from the state which is where we have to go after we leave here, and we can't go there until it gets through this board then at that stage we will have to pro- vide to them a total environmental report, a survey on the bay bottom and then we have to come back and get approval from this commission based upon the environmental condition of the entire parcel. We think that we can save a great many old trees, some of the fore area and the other areas that some of the societies and the groups here are concerned about if we have the right to fill in that bay bottom. We can't save all of these trees in some of those environmentally sensitive areas and even possibly some of the historical areas unless we have the right to fill in because, and we just have to take more out in order to build what we're entitled to build. We're not asking for the right to build anything more than we can build under the Code, we're asking only that we can spread it out so that we can preserve some of the areas on the upland which everybody considers to be environmentally sensitive. Mrs. Gordon: You've made your point, do you want to show us some of your drawings? And then we're goiny to ask the objectors to speak because otherwise we'll be on this one item all afternoon. . Greene: I'm going to ask Mx. Mancusi to take us around.... Gor4ion: Manolo, you want to say something? Ok, I'd like to-r-T 1ebQQso: think it is unfair what we are talking about because this City COM- Sslcon has been gr4ntin9 pelts to Fill property up to the bulkhead line to the th thwest of that property and to the northwest also if you see a bigger map than that one. So how if ih the past the City Commission has been granting permits to inn how we are going to deny this? Mrs. Gordon: I don't think we've even come to that point yet, Manolo. I think What we are trying to do is get this in the right perspective and then hear from e*terybody and make a determination for or against. I think our conversation at this point isn't to say that we are going to deny or even that we are going to grant. My questions were directed to procedure because of the uniqueness of the Classification that we have put on this property and called it an Environmental Preservation District. I'm not even sure that we're, in my opinion, that's it's been handled properly. My opinion is it has not. So that's my personal opinion. Mr. Greene: If I may, the group of photographs that Commissioner Plummer is hold- ing were taken by Mr. Mancusi who is standing right in front of the board back in May or June of this year. Was it June, Mr. Mancusi? And they showed the existing condition of the waterfront area there. The important thing that we are trying to point out is that the area has become a haven for all kinds of junk, for every bit of the flotsam that floats on the bay because of the direction generally that the currents and winds blow and that's as a result of the fact that the C.T.A. 'rowers project is directly to the south. That C.T.A. Towers project juts out 220' further into the bay than the existing headland of the property that we're trying to get this fill out on. We're not asking that they be permitted to fill out into an area which has never been designated as a fill area. The existing seawall dir- ectly to the south, and we have a whole series of photographs showing what's hap- pened since 1969 and 1970 and so forth. It has all been filled in and that area was filled prior to the time that this particular owner even made or decided that there was going to be any intention to utilize the property. That area has all been filled over the period of years and these photographs show what's happened in the area. You have built a whole group of projects to the south now. In addit- ion, to the north there is another apartment house which you can see which immed- iately adjoins 15th Road and that was filled out to a bulkhead line. Beyond that the city owns riparian rights which starts at South Bayshore Drive which I know they own because they were dedicated as the result of the Costa Bella project and those particular riparian rights may be eventually wanted to be filled out by the city for use as a park or some other facilities on the bayfront because right now South Bayshore Drive fronts right on the bay and while the city owns the riparian rights beyond South Bayshore Drive it hasn't done anything to develop that partic- ular parcel. So what we're asking for only is the right to fill in up to the existing seawall line that we already have on the south and within an area which was dedicated originally as a part of the Dade County Bulkhead line, the approved line. Now since this has become the Biscayne Bay Aquatic Preserve this area is now under the control of the state. Therefore, we have to get the approval of the County Commission so that we can go up to the state with our application with all the ecological and environmental reports to show that we would not do undue damage to this portion of Biscayne Bay if we were to fill that area in. Mrs. Gordon: Thank you. I'd like now the objectors to come forward please and tell us--- How many people are going to speak? Would you raise your hands, please so I can get an idea. About 6 people. Ok, fine. Mr. Dave Scully: My name is Dave Scully. I'm a landscape architect by profession and I'm chairman of the Environmental Preservation Review board. First of all, to set the record straight the administrative assistant that works in the Building Department works for the board and not the board for the aide. We are charged by ordinance 8301 to review every project that goes into an Environmental Preservat- ion District. What you are bringing up here is very much of concern to the board in that we have found ourselves in many cases having to review something with out arms tied. Rev. Gibson: I didn't hear that last word. Mr. Scully: With our arms tied, exactly what you were driving at. And at this point I'll just leave it at that. There's obvious problems with this thing that I think will be ironed out. Mrs. Gordon: Alright, Mr. Scully. Next speaker, please, Mr. Langdon Rogers: I'm Langdon Rogers. I'd like to read a letter from Mr, Steve Davis of the "Sierra Club": Dear Commissioners: On behalf of the Miami Group of the Sierra Club, we large you and the City Commissioners to deny the application before you from the Miami.-Caribe • r•J strnent Corporation and their demand to fill certain submerged lands ng Biscayne Bay. These sttbrerged lands contain grass beds and marine nurseries whioh Marine life in Biscayne Bay, To allow the area to be filled would Lean afe the breedinggrounds for the aquatic life which forms the basis of allt he destruction of these breeding grounds. To allow the area to be filled would be in direct opposition to the Florida Statutes which were established to protect the Bay, namely, the Florida Reorganization Act of 1975 and the Biscayne Bay Aquatic Preserve Act. To allow the area to be filled would mean destruction of Biscayne Bay the resulting silt and pollution. The community's best interests would be served by maintaining the Bay a its peak of ecological existence. The community's best interests would be best served by denying the application now before you." Green: May I ask would you repeat your name, I didn't hear it. Rogers: Langdon Rogers. Mrs. Gordon: The next speaker, please. Ms. Marilyn Reed: My name is Marilyn Reed. I am representing two organizations. I have two statements here to read today. The first one is from "Friends of the Everglades" of which I am Dade County Chairman. If you'll bear with me I think statement will answer some of the questions that you've just raised. For the information of the commission, "Friends of the Everglades" is a statewide organiz- ation. The President and founder is Marjory Stoneman Douglas. Our goal as stated in our Charter is the preservation of the following: "The Everglades Region, our water quality and quantity, wildlife and estaurineareas that supply the natural and marine life to the surrounding salt waters. We cover the coastal limits of Florida. Biscayne Bay and its coastline is a priceless heritage not of the few but of all the people. Its degradation and despoilation has veen a focal point in recent years by highly publicized clean-up campaigns and many expert studies which have become the guidelines for new legislation to protect our most valuable resource. It is a matter of record that 2/3 of the shoreline of the Bay has been drast- ically changed to the detriment of the Bay by the removal of mangroves and other vitally important shoreline vegetation - primarily by dredging, filling and bulk - heading. Dredge and fill destroys a shoreline and bay bottom zone of essential marine productivity. This marine productivity depends on the viability of two major vegetation communities - Mangroves and benthic marine grasses. We are not dealing with Mangroves in this application since the shoreline is of historic and geologically oolite and has been separately assessed by the Historical Association. We are, however, dealing with the marine grasses on the submerged land which applicant would fill with upland fill to the old and now non- existent bulkhead line. In 1975 when Governor Askew signed into law Chapter 75-22 otherwise known as the Florida Environmental Reorganization Act. Section 26 of this act repealed Section 253.122 under which bulkhead lines were established. Section 7(3) of Chapter 75-22 established the bulkhead line at the line of mean high water or ordinary high water line. This section also provides that there be no filling waterward of the Mean High Water Line or ordinary high water line except upon compliance with Chapter 253, Florida Statutes which requires a biological, ecological and hydrographic study and prohibits destruction of grass flats suitable as nursery or feeding grounds for marine life when contrary to public interest. The submerged land of the applicant has been fully documented in numerous stud- ies already. These reports show medium to dense vegetation of marine grasses in this area. The most important biotic community within the Bay is that of these grasses classified as Thalssia, Manatee and Diplanthera and the associated algae. These grasses play most important roles to man and the Bay itself. Their root sys- tems play an important role in recycling nutrients as well as aiding in water clar- ity, an important factor in maintaining the Pollution Control requirement of Class III for Bay waters in accordance with Chapter 17-3, Florida Administrative Code. These systems accumulate and stabilize sediment. The grasses and algae are the Hay's primary contribution of nutrient and nabitat to small food chain animals and early stages of commercially important species. The value to man is realized in water clarity and an abundance of low order species which attract larger populations of edible and game fish. Dredging and filling activities in the Bay have destroyed tremendous communities of the marine • 's i tssses which serve as marine nurseries, thus seriously depleting our marine re= sotces We urge the commission deny the application to fill these submerged Iand§ Which would then destroy yet another vital area of important marine productidn both for commercial and tourist use. Moreover, we take exception to the applicant's attorney's statements before the Zoning Board (and today) in which he gave the reason for wanting to fill this land, the need to eliminate a trash collecting area at the shoreline. Under the city's own ordinance, Section 50-14, the owner of waterfront property is responsi- ble for cleaning up accumulated debris. It is therefore, not necessary to destroy an important productive benthic community under the guise of getting rid of trash in the Bay when the real reason for wanting to fill is to gain more land on which to develop in an already zoned hi -rise area." That's the statements for "Friends of the Everglades", I have a short one for "Save Biscayne Bay, Inc." from John Cyril Malloy if you'll bear with me. Honorable Members of the Commission: This letter is in opposition to the request to fill submerged land lying in Biscayne Bay between the current property line and the "bulk head line" using upland fill at 1627-1643 Brickell Avenue, Lots to the southwest 46-50, 'Block B in Flagler, Mary Brickell zone as requested by Miami Carib. In addition to the fact that the request apparently seeks to fill the site upon which Old Fort Brickell was located, it should be pointed out that the existing shore is the edge of the 0olite Cliff, and hence, the same is the mean high waterline. It would appear that the request would be that the request would be con- trary to express prohibitions contained in the Biscayne Bay Aquatic Preserve Act of the State of Florida. It is respectfully petitioned that the request be denied and rejected as being in violation of that law and one which, if granted, would do violence to -the concept of preserving Biscayne Bay in an essentially natural condition as mandated by the Florida Legislature. Respectfully submitted, John Cyril Malloy, Chairman, Save Biscayne Bay Mrs. Gordon: Thank you. ' Anyone else? Mrs. Nancy Brown: Nancy Brown, 9220 S.W. 166 Street. I'm speaking for the Tropical Audubon Society in opposition to any further filling of Biscayne Bay Aquatic Pres- erve pursuant to Biscayne Bay Aquatic Preserve after it was established by an act of the Florida Legislature in 1974. That's Chapter 258. This statute states no further dredging or filling of submerged land in the preserve, certain exceptions to which are allowed but only when clearly in the public, not the private, interest. The statute further states that the trustees which is included in the statute itself, the trustees are now the D & R under reorganization, shall not approve further estab- lishment of bulkhead lines except when the proposed bulkhead line is located at the line of mean high water along the shoreline. In this instance, the line of mean high water is clearly at the shore line. The Florida Environmental Reorganization Act of 75 establishes the bulkhead line at the line of mean high water and that same act includes the repeal of the statute 253 under which the present bulkhead lines were established in the past. This application does not speak to the requirements, it is state law. It adds the filling of the bay to a non-existant bulkhead line not even as a variance to that law but as if the law itself didn't exist. Dade County has not established an official bulkhead line. That bulkhead line was re- scinded along with all other bulkhead lines in the reorganization but state law has established the bulkhead line at the line of mean high water which seems clear enough along the shore line. I would challenge the date or the timing of this map over here which would indeed establish an official Dade County Bulkhead line. Dade County does not have an official Bulkhead Line. But until it does so, and it cannot be any other than in compliance with state law and until Dade County does establish a bulkhead line all municipalities in Dade County are bound by state law which establishes the bulkhead line as the line of mean high water. The precedent • .. established by approval of any filling of the aquatic preserve would be contrary to the intent of the statute which established the preserve. Tropical Audubon respect - tally iir'ges denial of this application and I would go on to say that evidently staff has Weighed two different considerations (1) the preservation of the land and found this to be more important than the consideration of the preservation of the water but State Law speaks to the preservation of that Bay and it would seem improper for the city override that in favor of fill. Thank you. Mrs. Gordon: Thank you, Mrs. Brown. Next person, please. Mt. Sandy Mac Intyre: I'm Sandy Mac Intyre, 1835 S. Bayshore Drive. I'm reading A letter written by my wife Sally as Chairman of the Metropolitan Dade County Historical Board. This Board would feel remiss in its duties if it did not inform the agencies involved and the public of certain information regarding the waterfront property located in the 1600 block of Brickell Avenue, Miami, and owned by Miami Caribe Investments and members of the Ferre family. The bluffs of Oolitic limestone that formt he water's edge of this property represent the last visible piece of Miami's earliest recorded landmark. One early map showing the bluffs was drawn in 1771 by Bernard Romans who surveyed it when it was part of British East Florida. it is called Biscayne Bluff on H. S. Tanner's 1823 map of Florida and it is shown on virtually every map drawn relative to the Second and Third Seminole Wars of the 1840's and 50's. The bluffs were part of the Polly Lewis Land Grant of 1824, one of five pieces of land claimed and settled in the Miami area when Florida became a' territory of the United States. Mrs. Lewis had originally received a Spanish Land Grant for the property in 1805. Brickell, an earthenwork fort built War. This site was chosen because it site along the coast. This area was also the site of Fort in 1898 during the Spanish American Was the highest and most formidable Human bones were found here when an early house was constructed in 1904 which indicates that the site may yield significant archaeological informa- tion. The site of Fort Brickell may also yield significant information. This Board would urge consideration of the unique geological character of this site, its historical significance and its archaeological potential in making any decision as to its future. There are some articles attached that may be of interest to the Commission. Mrs. Gordon: All right, thank you very much, Mr Mac Intyre. Is there another speaker? Is there another speaker? Ok. Mr. John May: My name is John May, Douglas Road. I fish the bay and I've been appalled as I go along the shoreline at the lack of grass beds and Mangroves, in this case it's grass beds, of course. The ecology has been affected severely and each chipping away effects it that much more. If you can get a clearance this time to do it you'll get one next time and so forth and so on. There goes your fishing in the Bay. The fishing in the Bay has a direct reference on your tourism in the area. We cannot abide any decline in our tourism I don't think. Mrs. Gordon: Alright, Mr. May, and now Mr. Rice. Mr. John P. Rice: I'm John P. Rice. I'm a business associate of Nicholas H. Morley who owns lots, 42, 43, 44 in the area in which this application is the concern. I think the problem before the commission is one of determining the balance of values because most if not everything, the people speaking in opposition to this applicat- ion have said is true. There is, however, other considerations involved in it and I'd like to correct what I think are a few mistaken impressions. The approval of this application does not impact on the size of the building that can be built on this site. It only will influence where that building will be located. One of the problems that we've had in trying to determine how to develop Mr. Morley's property is to create something that we think would be better than what'F been done on Brickell Avenue to date. As you all know, the area has had the landscaping scalped off it. Now some of that can be stopped surely because of the Environmental Protect- ion Ordinance which requires a developer to come in to the group and get approval for the location of the building and how it would influence the trees, But it doesn't dean that the city has taken authority over whether a building will be Wilt or not. Some trees are going to inevitably have to come down... Gordon: Mr. Rice, you're hot speaking to a, we don't have a quoruM hete fitting. Ok. Alright, now we do. You can continue. Mr. Rice: One of the problems that we have to concern ourselves with here iS what is the environment all about. I wonder why the Sierra Club didn't come out and say anything about protecting the trees. They're ignoring the trees. Who is here talking on behalf of the trees? The Sierra Club has gone all over this cowl, - try in the service of us and caused a lot of things of value to be protected and • I submit to you that the people of this city are going to be more aware of the ambiance of Brickell Avenue as they drive up that beautiful street and see the trees there than they are if they might happen to go by the front of this property in a boat looking for the archeology finds, the fish life or whatever it might be and those things are important and of value. We've found in trying to locate a building on the three lots that Mr. Morley owns that if we were to develop this building in rigorous conformity to all the setback requirements that we would inevitably have a building that would be in full view of Brickell Avenue and would take down some of the most beautiful trees that you could ever look at - they are magnificent. If an applicant can get approval to build out to this bulkhead line, and here I'd like to correct another mistaken impression. That line has legal existence because the property owners there hold deeds to that submerged land. This land is in the title of the property owners now with the exception of one or two lots in there. Mrs. Gordon: You're speaking to the applicant's property? Mr. Rice: Yes, ma'am. Mrs. Gordon: Mr. Morley does not own title to that bulkhead line, does he? Mr. Rice: Yes, ma'am, in two of the three lots, the original estate of Mr. Morley's holdings we own to the line. Mrs. Gordon: Are they abutting this property or is there a --- Mr. Rice: No, ma'am. We bought the Academy of the Assumption property. Mrs. Gordon: In other words there is a portion that is not, does not have ripar- ian rights. Mr. Rice: That is correct. That was the last lot that we purchased. We purchased the lot about three years ago that did not own that one piece of submerged land. But the point I make is that the line has legal definity. It exists and there is a deed on the property and title insurance on it. Now what is at issue here is not a conclusive decision as to whether or not the building is going to be built or where it is going to be filled. To the best of our knowledge we have not been able to see where the city has taken jurisdiction in respect to environmental con- cerns in the water, They have in the land area and I think it was good and proper that they did. And the citizens of this community are going to be protected in respect to the other concerns as we go up the line on this long critical path that we would endure with patience and finally if it is decided after we have your approval and other approvals the Corps of Engineers I believe is involved in it too. There will be an environmental measure of relative values of what is going to happen if you fill in a few acres of submerged land which will undoubtedly have some impact on environmental factors but which will permit a building being pro- jected out further to the water and away from Brickell Avenue where that beautiful ambiance can be maintained. We want to do it because we think it is going to make a better development. The commission should want to see it happen because it is going to make a more attractive city. And finally, I'd like to make this point. I think there is a matter of equity involved in this issue. The City Commission has previously approved buildings, land to be filled, buildings to be erected that are both to the south and north of this site. They've effectively put a wall on the north and south boundaries and if we erect a building in order to avoid that wall we're actually going to have to move our buildings even closer to Brickell Avenue to get a site line toward the south and north Bay. Thank you very much. Mrs. Gordon: Thank you, Mr. Rice. Mr. Grerle, do you want to summarize? M.X. Greene: Thank you, Madame Vice -Mayor. Mr. Rice has been really very eloquent and has made much of my arguments. I'm just ;ping to try and answer specifically tp some of the things. First of all with the exception of the Historical Board who spoke about hte need for the land ali of the opposition has spoken about the • Probleha of the ecology of the bay. And we agree there are problems with the ecol- ogy in the bay and these will be approached when we approach the agency that's re- sponsible that has the authority for being concerned with the environmental system which is known as the Biscayne Bay Aquatic Preserve. That, fortunately or unfortun- ately is not within the province of this commission. Whether this commission likes it or not that board governs the bay and it's part of a state agency which was established as part of the acts that these people quoted which is responsible for the ecology or the environmental concern with the bay. Secondly, we have not yet determined ourselves whether we have the ecological right or not to build or to fill in that area. There are still a great number of steps to be taken as Mr. Rice has said. We have to get surveyors, engineers and marine biologists, linnologists and anyone else who is connected with the determination as to whether or not that is an environmentally sensitive area of Biscayne Bay and file the application with the state agency and let them review it. At that time, these people who are con- cerned about the environment of that portion of Biscayne Bay will the the oppor- tunity to present their own experts and the.state will present experts and every- body will be involved. That will be in Tallahassee. Mrs. Gordon: Well, you don't expect them to go to Tallahassee. Mr. Greene: Well, what they're trying to do is cut us off at the pass. We are trying to get the right to go up there with the ecological surveys and so forth that we're required to have in order to file an application under Chapter 75-22 of the Florida Statutes and they're bringing up responses that they should rightly bring up in Tallahassee for an application that we're making for fill here which has got nothing to do with the Department of Environmental Reorganization or the problems under the Environmental Reorganization Act. Now we're concerned with the fact that we may not get our day in court in futuro before the state agencies because they're bringing up items which are here only because everybody is con- cerned about the environment but which are not really germain to the issue in front of you which is our right to fill land that we own to a line that we own it to. We own the bay bottom. Mrs. Gordon: Well, explain to me why the statement was made, Mr. Greene, that there is no such line because that line is a fictous line. Mr. Greene: The lint: is not a fictous line. There was a line established in Bisc- ayne Bay by the County Commission some years ago which provided that this be the line of bulkhead - the Official Dade County Bulkhead line. It's in Plat Book 74, page 3 of the Public Records of Dade County. That was done in accordance with the state law as it existed then. In 1975 this act was passed which eliminated such bulkhead lines but at the time that this application was filed that bulkhead line was in existence. Mrs. Gordon: When was it eliminated? Mr. Greene: In 1975. Mrs. Gordon: And when was this filed? Mr. Greene: We have been working on this with the state agencies since 73 on and off. Mrs. Gordon: When was it filed here in the City of Miami? Mr. Greene: I don't know the exact date, do you have it? I'd have to look through my file. Mr. Davis: The application was finally accepted by our office on June 3, 1976. This did not mean that it was not in conference before that time, Mrs. Gordon. Mr, Greene: No, we've been working on this for over 3 years on and off and we've gone to state agencies and come back and so forth. Our problem basically is that that bulkhead line that we're talking about is actually the ownership line also of the property. So regardless of whether the bulkhead line presently exists because it's been removed by state law or was there before we bought the property, we do own out to the bulkhead line that was in existence at the time and that ownership has never been taken away. Mrs, Gordon: Two serious questions. One is legal so I'm going to address it to Mr, Knox. Mr. Knox, since officially the application was filed with us in June of 1976 and in 1975 officially the state took an action which removed that line, you may not be able to give me an immediate answer you may have to look into this, do we have the .right to grant this application to a line which is non-existent at this time? Mt, Knox: Based upon the information I have now, Vice -Mayor, as Mr. Greene has indicated while the bulkhead line no longer exists and was removed they still OW the property out to a fixed point in the bay. Mts. Gordon: Is that true, is there a fixed point in he Bay? Mt. Greene: We own the property which is subject to this application outtight, everyone of those 5 lots. Mrs. Gordon: Yes, but isn't it a riparian right that goes to a bulkhead line or not? Mr. Greene: No, we have the ownership of the baybottof. Mrs. Gordon: For what distance? Mr. Greene: We can't do anything with it.. Mrs. Gordon: To what distance is the ownership? Mr. Greene: 220' from the existing shoreline to the point known as the bade County bulkhead line. Mrs. Gordon: Which is a non-existent line. Now who are you kidding? Mr. Greene: No, but we own it out to here. We were deeded that by the state years ago and they can't take it away from us. We may not be able to do anything but we own it. Mr. Plummer: It's recorded Mrs. Gordon: Alright, that is yes even though the line cation and grant permission in the name of "Davie Jones". was one question, Mr. Knox and your opinion, Mr. Know, is a non-existent line that we can act upon this appli- to fill to what was a line. Mr. Know: To a point which was the bulkhead line. Mrs. Gordon: Which was a bulkhead line which is not now a bulkhead line. That is your legal opinion. Correct? Mr. Knox: Yes, ma'am. I might point out also that the resolution reads, "... to the bulkhead line." It would be necessary for us to modify the language to indicate that we're not talking about an existing bulkhead line but a point, a fixed point which would represent what used to be the bulkhead line. In other words there is an ascertainable distance from the existing bulkhead line to that point which used to be the bulkhead line. Mrs. Gordon: How's the I.I. Board going to rule on this...? Mr. Greene: The I.I. Board has already indicated way back in February of 75 which is the first time that we went up there.... Mrs. Gordon: That's before the state law. Mr. Greene: Well, but at that time, what the state law really did was change juris- diction from the I.I. Board to a new agency under the Department of Environmental Management. And what they've done here is the same thing. You're still required to do the same thing and that is require approval from the municipality in which the project is located plus to go even before them to get approval from them to fill the bay and that is when all the question about the ecology of the bay itself comes in. What these people have been saying all along with regard to the bayfront ecology may be right, I don't know. We don't have the answers yet. We can't get the answers until we bring the thing up before the state agency that's responsible because they come back with the survey. Rev. Gibson: Counsel, let me deal with this thing a little further because I was the guy who started at this question business. Mr. Greene: Well, let me make a suggestion if I may. We're perfectly willing, and we will on the record say that your approval will be subject to the approval by the state. Mrs, Gordon: We know that, Mr, Greene: And that's all we're asking for is the right. You could always come back and decide for any other reason that you want to that .o 4 Gibson I Want to deal with it a little differently, counsel. Ok. I said you and I'm going to say for Mr. Grassie so we don't have this kind of problem fore us anymore. I think the methodology, the procedure needs to be changed, oti can't convince me that we must vote to fill, to grant permission to fill then say to that board you That's not proper. Man, you know that's another WordYou know what I mean? Ok. Counsel, I want you to hear this because you and I are friends and I don't want, my friends get awfully upset with me some,. tithes because I put it on the line. I am disturbed about the methodology, pro- cedure. (2) I find it rather difficult to deny a man if what you're saying to me is right, to deny a man a right to use his land. That bothers me because at Very best he's got to pay taxes and all this jazz and all this. Ok. (3) If we have the right to grant him permission what really disturbs me is that we have not asked an agency that deals in this business scientifically to tell us what effect our action, meaning to permit you to fill, would have. Now the 4th thing is I would feel far more comfortable, I would be willing to vote to grant you permission in our name to apply but with the understanding that your applying does not obligate us because you see I'm a little disturbed that I'm voting to tell you to fill and then you go up there and say, "Miami told us to fill." You know? You know I happen to be part of a big chain too, you know that church of ours. And man, I know what that local action reverberates up there. Said, well he comes up here with the approval of all those guys down there, they must know. Now I don't know that legal procedure business but I happen to know how church boards operate and those up in Tallahassee are no different. Mr. Greene: Well, I think what we're requesting will pretty much fill your needs, reverend, because by giving us the approval to do this we have to go up to the state agency and get their approval on the basis of environmental and ecological agreements. Then it comes back down here and before we can develop the property it comes back up before the Zoning Department, the Building Department, your Environmental Review Board and this Commission for final approval to develop in accordance with the site plan. Rev. Gibson: Let me pursue this a little further. You see, what you didn't get is I don't want to give approval to fill. I want to give you permission to apply. Mr. Greene: But we can't.... Rev. Gibson: Ah-h-h, lot of difference. A lot of difference. I want the public to understand that. The permission to apply does not give you sanction. Mr. Greene: We are really requesting that permission to apply but we can't do it accept under the state law which says we must Rev. Gibson: And you know what bothers me, again, I have to deny the man the use of his land but I just find it a little difficult before I know that what I am permitting you to do does not have an adverse effect. And let me say the 5th thing. I would feel far more comfortable if we had an independent outfit to make a study and make a study from point "Zebra" (I learned that from one of those astronauts that came and spoke for that group out there in Miami Springs Villas the other day), you know all of that white parcel of the land that I referred to that nobody seemed to want to deal with. Do you remember that, Mr. Ferencik? Do you remember all that land I wanted you to say move over in that direction and you had a hard time finding that direction? Do you remember that? I think out of fairness to all of us it would be just as easy for that gentleman who was up here earlier who owns some adjacent property, that if we are right in permitting you to do it that the study ought to show that it would not have an adverse affect on the re- mainder of the land. And I think we owe the public that kind of protection and I don't know how it's done but I hope that we could ask an independent outfit to tell us whether or not that's right or wrong. Mrs. Gordon: Father, I started to say I had two concerns and one was legal. The other was that this has never been sent to our Planning Advisory Board but only to the Zoning Board as I understand. Is that correct? And not at all to our Environ- mental Preservation Board, two boards which are concerned specifically with the affects on the environment. W. Davis: Yes, ma'am, properly you're not, I mean theoretically proper or not this is the procedure through which permission to land fill goes for the Zoning Board for recommendation to the commission and the commission for the final approval. The Environmental Preservation Board has its own defined functions but as I stated before it does not include recommendations to this commission on any item. The Planning Advisory Board has its own functions and again so far it has not included this. • Mts. Gordont Is there anything that says that they should never receive or should hot teceive? M'+ bavis: No, ma'am, the law states that the Planning Advisory Board tray, states May - it doesn't have to, tray give its recommendations on any item before the Zon- ing board as long as it does not hold up the Zoning Board's Meeting. This has been brought into affect only once that I know of and that was in the case of the develop- ment by Mr. Hollo down at Plaza Venetia. Mrs. Gordon: All right, I think we have covered everything we can cover on this application. Mr, Greene: May I read a letter, a portion of a letter from the Department of Environmental. Regulation which I think sets forth our problem pretty succinctly. "Although it is the department's position that the Biscayne Bay", this is a letter dated May 4, 1976 after a year of correspondence. "Although it is the department's position that the Biscayne Bay Aquatic Preserve Act, Section 258.165 Florida Stat- utes applies to your project the legislature did not repeal the requirement for local approval for fill projects as a conditioned precedent to the consideration by the State of Florida of such fill projects. Therefore, you may anticipate that part of the department's response will be that your clients do not have standing to initiate a subsection 120.57 application under Florida Statutes hearing absence at local approval." In other words what they're really saying is that we can't even go before them and try to get any kind of approval unless you give us the authority to go before them and that's what we were asking for. That's essentially what this application is all about. And while legally speaking it may not tech- nically say that, Reverend, I can assure you that it is the intention of this appli- cant to do just exactly that. If the state agency says that we can't fill this in because of the environmental problems we're finished. That's the Department of Environmental Resource Management. Mrs. Gordon: Is that the same as the Department of Natural Resources? Mr. Greene: That's the old D.N.R. Excuse me, it is the Department of Environmental Regulation. That's the name of the state agency. D.E.R.M. is what it is in Dade County. Mrs. Gordon: What I don't understand, and I'm going to put it into the record because I don't understand it, it's bothering me and Mr. Acton, you're going to have to address yourself to it because it effects you. You department on July 12th made a recommendation to the Zoning Board which recommended denial according, and you said in your opinion, "... according to State of Florida Department of Natural Resources Report proposed filling of the property is expected to have an adverse effect on the immediate aquatic area." Then in September on the 13th your depart- ment made the following recommendation: "...approval subject to site redevelop- ment plans preserving as much of the environmental features as possible." I'm wondering why you took such a complete turn about and, you know, it's troubling me. Help me to feel that you know you didn't make a hasty decision the first time and had regrets the second time or vice versa. Mr. Acton: Initially, Commissioner Gordon, the department did rely to a certain extent on the letter that was received by the city from the state. And after the public hearing at the Zoning Board and after listening to the discussion at the Zoning Board level the item was deferred so we took a good hard look at the letter again, what it stated and also took a further look at the fact the city had applied Environmental Preservation District designation to this land. And further analysis we realized that it is a balancing act. In other words do we fill the land and attempt to preserve as many of the Environmental Preservation features of the exist- ing upland areas possible and so after further analysis we determined that we were better to fill the water area up to the bulkhead line and try to save as many of the environmental features as possible on the site itself. Mrs. Gordon: Ok, you explained it to us. I want to ask another question now. If in fact this commission should pass a preliminary agreement so that he can go to the state for further approval does it then come back again to our boards, our Environmental Preservation Board and does it come back to our Planning Board or what board if any before filling? Does it come back at all before filling? Mr, Acton: No. Mrs. Gordon: No further, only for development, Mr. Acton: That's right, only for development, Mrs, Gordon: So any action we take today goes to Tallahassee with a recotl>tendation for filling. There isn't any question about that. Mr, Acton: That's right. Mr. Greene: But we will go on the record as saying we will hot fill it until we get the approval for the developient on the property. In other words we think that it is one problem at that time. There's no purpose in us filling in this area in the bay unless we can get approval for the development that we wish to put on that property. Mrs. Gordon: Well how are we going to control it, M. Greene? How will we... Mr. Greene: We're going on the record. We're making the statement now. There is no purpose in this because actually... Firs. Gordon: Is that a binding agreement, this statement on the record? Mr. Knox: Well, in addition to any.... Mr. Greene: You can make it a condition of the approval if you want. Mr. Knox: The resolution contains language which indicates that any approval that the City Commission gives is subject to Planning Department approval of site devel- opment plan subject to the approval of any federal, state or local government agencies. Mrs. Gordon: Yes, but the question was can we hold this applicant from filling l prior to the site approval? It's what he said and he said that, it's in the rec- ord and I ask you can we legally say what is in the record is going to bind him in any way? Mr. Greene: We will make it subject to final site approval. We will not fill until we get prior site approval so that the Historical Board and the Audubon Soc- iety and everybody else will have another day in court. Mr. Knox: All right, we can indicate in the resolution that filling would also be subject to site plan approval and a commissioner can indicate upon the record that his or her vote is in reliance upon Mr. Greene's representation that there will be no filling until such time as there is site plan approval. Mrs. Gordon: Total Plan approval will be made and then you will go ahead with filling. Is that what you're saying? Mr. Greene: After you approve it. Mrs. Gordon: You're willing to go that route? Mr. Greene: Yes, ma'am, absolutely. Mrs. Gordon: Ok, is there any further discussion? If not, is there a motion from the commission? Did you want to say something, Mr. Grassie? Would you speak now? Mr. Grassie: No, maybe it is redundant. Mr. Davis is telling me that they are going to need a fill permit from the Public Works Department in any event before they start filling. Mr. Greene: That's right. Mr. Grassie: So you do have.... Mrs. Gordon: From what department? Mr. Grassie: From the city, Public Works, Mrs. Gordon: Public Works doesn't come to us for permission to issue a permit. Mr. Grassie: I know, but if you indicate that you don't want a permit given on this particular parcel until they have a development plan approved by you we'll do it. You know, that's all you have to do. Mr. Davis: They would not issue the fill permit... Mrs, Gordon: And this would allow them to go to Tallahassee and seek permission from Tallahassee and we on the other hand would not have any filling done unless fr total site development plan was presented and approved by this commission. Is t correct? 1. Davis: The fill permit cannot be issued until the state gives its apptb'ali ice -Mayor Gordon. Mr► Grassie: Yes. But now if you want the permit to be held until site develop, - tent is approved by you you need to make that specific to us and we will have to take that a departmental responsibility to make sure that that permit doesn't get issued. Ok? All you have to do is indicate that that's what you want us to do. Rev. Gibson: Ok, let me raise another question now. Counsel, you know we have some funny ways of doing things around here and they go to court and demand that we give that permit. You know I saw that happen to that Orange Bowl Dolphin con- tract. Ok? You know what I'm talking about. One thing you could be assured•of, I have a good memory about some things. INAUDIBLE Rev. Gibson: Yes, but man, the law precedent, isn't that right, Counsel? That first action. Ah. I went to law school for one day, man, and I learned some better things in that one day. Mr. Knox: Father Gibson, once again the resolution will reflect what we've talked about earlier. In addition, without revealing any strategy in the event that there is some litigation regarding this matter, it would not be unreasonable to construe a representation by Mr. Greene on behalf of his client as a contract especially in light of the fact that the commission would indicate that in reliance upon this representation I'll promise that there will be no filling until after such time as there is state approval. I don't think that there will be much legal difficulty with defending that position. Rev. Gibson: Ok, I'm going to move because I want to make sure that I don't take advantage of your land but I want to make sure that you don't do one thing until such time that we know that you aren't going to be harming that piece of land out there. Ok? Mrs. Gordon: Rev. Gibson: says you're going to be be worse the In reality your move is to allow them to go to the state. Right. And if the state says no, my brother, you know if the state going to damage that water out there you could be well assured that I'm right around here just as mad as I am now about trying, you know I'll n. Mrs. Gordon: Ok, it's been moved and seconded. Any further discussion on the mot- ion? And the motion is clearly understood by all? The motion is to grant permiss- ion for the applicant to bring his application to the state board for approval, that if he receives approval by the state bord he will do no filling until he has a total development plan and that that plan go through our proper boards for approval and this commission before anything further can be done. Is that correct? Mr. Grassie: That's correct. Mr. Davis: I just wanted to ask a question, Mrs. Gordon. Did you state that you want any development which he has to come before this commission regardless of whether it's required by law or not? Rev. Gibson: We want them all. Mr. Davis: If this meets all other stages of the law do you want that before the commission? Rev. Gibson: Yes, sir. I'm bending all the way over, man, Mrs. Gordon: Wait a minute now. Father, this is an Environmental Preservation District. Correct? Mr, Davis: Yes, ma'am. Mrs. Gordon: Consequently, it must go before our Environmental Preservation Aoard. Correct? , Davis; Yes, ma'am, Mrs, Gordon: All right, then we have some control. rightthere, Mt. batist But l just wondered if when you stated before the commission if you Wanted it to Come before the commission if it were not required otherwise by law. tbdaUte normally any development plan will go.....to the tnvironMental Pteservat- in Board only. Mts. Gordon: Yes, absolutely. This coftMission wants to have final say. i1ev. Gibson: Right. And we want the people to know too so that the people could oorite and look and they could raise any objections. You know I'm bending any back today. Mrs. Gordon: Mr. Scully, did you want to say something before we close this up? Mr. Scully: If I may, again, our board directs itself to trees and natural feat- ures upon a site. I do not know that we have jurisdiction as far as submerged waters and that go. Mrs. Gordon: I know that was the question that I asked previously and which I was told by our department that you do not. Mr. Scully: We would, however, I believe have jurisdiction as to what the fill might do to the land on which the trees stand. Mrs. Gordon: Well, if they get approval in Tallahassee then it would come in under your jurisdiction because it would involve a development scheme. Mr. Scully: That's right. Now, as I understand it we do not have jurisdiction under PUDS and PADS which goes in front of the Urban Review Board even though it is in a preservation district. We have been by ordinance excluded on those two points and presently we are working with our attorney that represents our board for about a month now trying to prepare a proper document to submit to the commis- sion to try to eliminate this grey overlap area. Mrs. Gordon: Well, we hope that all of this will be taken care of prior to the action that will have to take place in the meantime. Mr. Scully: But, in fact, today it exists the way the ordinance is and we may go back to what was at the time now rather than a month from now or two months from now when and if we do get this grey area straightened out so that we do have juris- diction on all matters in preservation districts. Mrs. Gordon: Well, it would certainly seem that you should otherwise I don't see the necessity at all. Mr. Scully: That's why we're starting to prepare these documents, trying to get these amendments to the ordinance. Rev. Gibson: Mr. Scully, I want to promise you when they bring an answer back here good bad or indifferent I'm going to find you, man. Mr. Scully: We'll be there. The following motion was introduced by Commissioner Gibson, who moved its adoption: MOTION NO. 76-953 A MOTION GRANTING PERMISSION TO MIAMI CARIBE INVESTMENT CORPORATION TO MAKE APPLICATION TO FILL SUBMERGED LAND ADJACENT TO 1627-1643 BRICKELL AVENUE AND LOTS TO THE SOUTHWEST TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION FOR THEIR REVIEW AND RECOMMENDATION; THAT THE APPLICANT IS HEREBY PROHIBITED FROM ANY FILLING OF THE BAYBOTTOM UNTIL A TOTAL SITE DEVELOPMENT PLAN HAS BEEN SUBMITTED TO AND APPROVED BY ALL LOCAL BOARDS WITH FINAL APPROVAL BEING RESERVED BY THE CITY COMMISSION. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES; Rev. Gibson, Mr. Plummer, Mr. Reboso and Vice -Mayor Gordon. NOES: None. A$SENT: Mayor Ferre, ARINRASOUTH N TMI ON,C RRIDoER0M S`E, 15TH ROAD TO ALATKA STREET A SCENIC Mrs. gordon: We now are on the item called (a) which is a resolution declafing South Miami Avenue from S.E. 15th Road to Alatka Street as a Scenic Transpor- tation Corridor. Ok, Mr. Acton. Mr. Acton: Madame Vice -Mayor and members of the commission, the scenic corridor designation is another recommendation to come to the commission from the Planning Study for Coconut Grove. The intent of this designation is to preserve the scenic qualities of certain roadways in Coconut Grove and South Miami Avenue. This is a part of the Environmental Preservation District and in the district itself it refers to scenic corridors. Now the application of this district reinforces the action taken by both the Dade County Commission and the State of Florida who prev- iously have designated the Ingraham Highway, Main Highway and Douglas as preservat- ion roadways. We are taking up where they left off and expanding the application as a continuation as it follows along Bayshore Drive and South Miami Avenue. If the commission will note on the agenda the scenic corricors are broken down into four different areas. (a) is South Miami Avenue from S.E. 15th Road to Alatka Street. (b) is South Bayshore Drive from Alatka to McFarlane Road. (c) is Main Highway from Franklin Avenue to Douglas Road and (d) is Douglas Road from Kumquat Avenue to Ingraham Highway. Now the purpose as I stated is to preserve the scenic qualities of this roadway as the roadway extends in certain cases into the zoned setback areas of the adjacent residential properties. There seem to be some con- fusion on the part of certain property owners as to the intention of this applicat- ion so I want to stress to the audience that the intention of this scenic corridor application to those roadways in Coconut Grove is to preserve them both now and in the future for their scenic worth. In no circumstances would the City of Miami attempt to widen and to destroy the scenic qualities of this roadway. Mrs. Gordon: Mr. Acton, the actions would be quite the opposite. It would be to prevent that. Mr. Acton: That is exactly right. I'm sorry, it has been pointed out to me that I missed one of the parts of the scenic roadway which is Ingraham Highway to Douglas Road, from Douglas Road to the City Limits. Mrs. Gordon: One moment, Mr. Acton, there are two things I have to do. One I have to address myself to our attorney. Is he there? Alright, since he just stepped away and while he's away I want to recognize Mrs. Roberta Fox who is here. It has been our custom to always recognize a candidate if they pay us a visit dur- ing our commission meeting and so she's back there and we want to recognize her and wish her good luck. My question to the attorney will be that I live on Bay - shore Drive and I wish to get his legal response of his opinion of whether I must abstain from voting in this application. Mr. Plummer: Just because it takes your front door has no bearing on it, Rose. Mrs. Gordon: I don't see him. Mr. Anderson, do you want to answer the question? You deal in zoning matters all the time, what is your opinion? Mr. Mike Anderson: If that will impair your independent exercise of judgement then I would say you would have to abstain but if it doesn't impair it in any way, in other words if you feel you'll have to vote one way or the other because of the fact that you live there... Mrs. Gordon: Wait a minute, now you know everybody has a judgement, I don't know how you're going to measure it's independence or not. You know. Mr. Knox, I asked a question. I live on Bayshore Drive and did I have to abstain from voting on this designation of a scenic highway? I believe that at the Planning Advisory level Mrs. Alexander is also affected by living on Miami Avenue and I don't believe that she was advised there to abstain from voting but since I'm here in my own cap- acity I'm asking you to tell me whether I must abstain. Mr, Knox: As a general rule, Mrs. Vice -Mayor, no legislator may participate in any legislation which would affect, primarily beneficially either him or her. Mrs. Gordon: Beneficially? Mr, Knox: Yes. Mrs, Gordon: Well, I don't know whether it's beneficial or detrimental., M', Knox: The question would be whether or not in your own conscience this legis,, lation would have a benefit to you as a property owner, Gordon I don't khOW, you teen a financial benefit? Well, that's a grey area. Mks. Gordon: Oh, God. Mr Knox: The extent of the benefit is one that would have to be deterii?ed by A court if it came to that but monetary is clot the ohty kind of benefit that's considered. Mrs. Gordon: Alright, sir, since you are specific in your recommendation woulwould then have to I would think- Mr. Senior Commissioner, Mr. Plummer, you'll to take over. Mr. Plummer: Rev, Gibson: Mr. Plummer: ReV. Gibson: I live two blocks off of Bayshore, can I abstain? If that's the case, I have a house on Franklin. Due to the lack of interest today has been canceled. I want to tell you this: science and I'm building my retirement completed. Mrs. Gordon: Is that in the same area of this? Rev. Gibson: On Franklin between Main and Douglas. Mrs. Gordon: Well, here we go. INAUDIBLE Rev. Gibson: Huh? You said Main, Franklin to Douglas. . Gordon: Come up here. INAUDIBLE Mr. Plummer: Wait a minute, we've got to get our problem straightened out here first. Mrs. Gordon: We have a legal question to resolve since I'm affected and Father's affected that would not leave a majority of the commission here to vote on this item. Mr. Plummer: Well, Maurice would be affected also, he lives on South Miami Avenue. Mrs. Gordon: No, he lives on Brickell. Mr. Plummer: Well, isn't this on Brickell? South Miami Avenue? Mr. Acton: No, South Miami Avenue. Mr. Knox: The only other thing I will point out to the commission is that once again as Mr. Anderson and I earlier indicated it's a matter of your own personal choice. Now the question of whether or not there is a substantial interest in the judgement of a court is one that must be resolved by the court and at the same time another fundamental principle is that a court cannot overturn legislation unless there is some showing of fraud or abuse of discretion. Now the question is whether or not your exercising this discretion would be construed as an abuse of a discretion and once again that's a question for the courts. Mrs. Gordon: Ok. I'm going to give an interpretation that is a layman's legal interpretation. Since I believe that if, in fact, I were in favor of this I would, in fact, be limiting my ability to do whatever you know and so, therefore, I would not be benefiting directly in any way shape or form if I were to go that way and on the other hand if I voted the other way I wouldn't be changing the status quo so it would be the same as it is. Right? Mr, Plummer: We'll send you cigarettes, Rose. Mrs, Gordon: I don't smoke, I'll send them back to you, Father Gibson, you are cbQsi.ng to partake in the hearing based on the same or other observations? In my judgement I'm going to Vote my con- home on Franklin and it is just about 90% Reitz Gibson: I'm going to participate, go ahead. I'm going to do what I think tight anyway. Ws. Gordon: Ladies and gentlemen, it has been decided because we won't have a tOMMission without the two of us that we will participate. Ok. Joanne Holzhauser: I'm Joanne Holzhauser. I live at 4230 Ingraham Highway and I'm going to participate. Have you ever known me not to? I really wanted to Wpeak first because I'm very concerned that evidently some very well meaning people have gotten very very upset and confused about this and I hope I can put a lot of people's minds at rest. I have gotten a lot of phone calls, I understand a lot of people who have been active in the Grove also have. I don't know who put the signs up along the trees on Douglas Road, I saw them. I did not hear radio conversation which I'm told took place concerning this. I would like to say that I've been on the Civic Club Board for I don't know how long now, nine year, ten years I think. I have been active in every single board I believe. Am I not right, J. L.? Planning and all the different boards that have sat on this. This is the culmin- ation of a great deal of effort on all of us who want to preserve the Grove as a green space with the amenities, with all the environmental protection. I think the problem has been well-meaning people being misled by not understanding what a scenic designation means. I think Mr. Acton has an even clearer definition if any- one wants to read it or whatever. But it is solely and simply to protect what we have. The county ordinance as I recall even referred to the canopied nature with trees overhanging. A11 this will do is mean that it will be very very very dif- ficult for anyone to come in now and widen. This was the intent throughout of every board which has sat on this and of the legislators and employees who have so far worked on it and I hope that those of you in the audience will please be- lieve that this is in the best interest of everyone in the Grove. I would like to say that on Section b I notice there has been a recommend to deny with a 3-3 vote on that. Is that not correct? Mrs. Gordon: That's what the agenda reads and that's what the minutes reflect. Mrs. Holzhauser: I would personally, I don't wish to be taken as the word from any of the groups of which I'm a member cause I'm not officially entitled to do that but I would say personally I would like if it is possible either to leave that item out entirely because I realize that is the controversial item in it, either leave that item out entirely and/or see if the legal staff can re -word that to say perhaps from Aviation to Alatka and make a separate designation then from Aviation to McFarland. I would like to see that done personally, that's just my own comment on it. I certainly hope all the people in the audience will believe this is in the best interst of Coconut Grove to do exactly this for those sections other than these. Mrs. Gordon: What you're recommending then is that portion which is designated as b be considered as b and be b? Mrs. Holzhauser: Well, however, to let the others go through because I don't think that there's controversy if people now understand. I don't think there is any controversy about the intent of the others. Is that not correct? Mrs. Gordon: I believe that this commission has to face the issue right on, the entire issue not part of it. Now if there is a need to remove the portion that's presently a four lane area from this I can understand that because that is differ- ent.... Mrs. Holzhauser: Well this is what I mean. This is already a four laned area. Mrs. Gordon: Yes. But the rest of it as far as I personally feel is the same and to remove that other part to me would mean to remove the whole thing. Mrs. Holzhauser: All right, well then if we could just be clear in whatever augu- mentation goes on now that personally speaking I would like to see all of it pres- erved. I'm willing to grant that this section out here is already four lanes so in point of fact it's not really an argument. Mrs. Gordon: ...for that to be Aviation to McFarlane? Mrs. Holzhauser: Yes. Mrs. Gordon: Ok. How many people want to speak on this? hand I'll get an indication. OH, boy. We've quite a few. three minutes each? Hecause otherwise we're really going this and we have quite a few other items to take up which And if you'll raise your Could we limit it to to be here very late on also will be lengthy. /' tf `oti it come forward one at a time and try to limit and not be repetitious I Would Most appreciate it. Ok, state your name, address, etc. Mrs, Margeurite Betts: My name is Margie Betts and I live at 3598 Avocado Avenue. t'in interested in Resolution 7(c) and I just want to ask a couple of questions. t know that there is some misunderstanding among a lot of people about the word ing that we got on a courtesy notice. If this resolution were to pass who would actually own the property referred to as "zoned Street Yard Area", 20 feet that it mentions? Who would own that property? Would the ownership of the property go from whoever owns it now, would the city own it? Mrs. Gordon: Mr. Acton, would you please answer that. Mr. Acton: No, that would remain in private ownership. We're just talking about the zoned street yard which presently would be your front yard area. So that re- mains in your ownership. Mrs. Betts: Ok. Then if you want to sell it you would still own that property to sell and if the highway were widened you would be reimbursed for whatever land the city took? Mrs. Gordon: If at some time in the future there ever were, there's no intention and the intention of this is to keep it from being widened. Mrs. Betts: Thank you. Mrs. Gordon: Yes, you would still own it. Mrs. Alexander. Mrs. Selma Alexander: Madame Vice -Mayor, my name is Selma Alexander and I'm wear- ing two hats. Living at 2323 South Miami Avenue I'm strongly in favor of the Environmental Preservation District but I don't think it should be bobtailed like I-95. I think it should go from 15th Road all the way to the City Limits of Main Highway. And speaking secondarily as Vice -Chairman of the Planning Board who ruled on this I would like to make•a little explanation of that 3-3 vote. Everything else went through and the 3-3 vote was because there were only 6 of us there that night otherwise it would have been 4-3 if it came up again I can promise that. The arguments expressed that night were quite clear cut. We're not interested in taking anybody's property, we're not interested in not allowing people complete use of their property we're simply trying to regardless of who puts the trees in whether the city put the trees in or the property owners did to see that the next property owner doesn't destroy it. And we have reached the point where some people are so distressed at what happened at that particular hearing and a couple of others that they have property on the market in that particular area. They want to leave this city. They're not happy with what's happening with this negation of the beauty and the need to preserve it. Thank you. Mr. Jack Rice: Mrs. Vice -Mayor, I don't want to speak now. However, I want the City Attorney to rule on the validity of her coming up here at this time, Mrs. Alexander, and stating that the vote would be different. The vote has got to stand as submitted. She can't come back here and say that if one more member was present that it would be a different vote. I think that is highly unfair and it certainly doesn't follow the democratic process. Mrs. Gordon: Do you want to speak to that, Mr. Knox? Mr. Knox: I'll just speak to it. I don't recall that she indicated which way the vote would have gone and if there were seven members it would have been 4-3 one way or the other which is a statement of fact. Mrs. Gordon: We know why we hired you. Mr. Plummer: No, because the 7th member could have been Rose Gordon and she would have abstained. Mrs. Alexander: Excuse me, was I correct? I voted on that South Miami district because Mr. Anderson asked me just that question, will I get a beneficial interest. Well, if I went along with some of the other people I would have thought it was prejudicial to me but I voted for it because I thought it was good for the city. Mrs, Gordon: That's right, Selma. I know that I'm going to give a plus to the Planning Board. I think every member of that Planning Board votes because they think what's good for the city and I commend them on that. Ok. Do you want to come forward? r Sandy Mac ntyre: I'm sandy Maclntyre, resident at 1835 S. Bayshore DriVe and rM feeding a letter Written by my wife. titt Mayor and members of the commission, I regret not being able to appear before you personally today about South Bayshore Drive. However, I am in Philadelphia for a national conference on Landmarks Commissions and the annual meeting of the National Trust for Historic Preservation. I have, therefore, asked that the following be read into the record. Bach of you has received a portfolio on South Bayshore Drive which includes documentation of its geological and historical importance(I think that's a folder with a green cover). Also included are letters from the following: Bayshore Homeowners Association, Central Grove Association, Coconut Grove Civic Club, Dade County Historical Board, Dade Heritage Trust, Historical Association of Southern Florida, Louisiana State University, Miami Geolog- ical Society, Arva Moore Parks, Tigertail Association and the U.S. Department of the Interior Geological Survey. All are in support of preserving South Bayshore Drive. This is ample evidence of the concern of the voters and taxpayers of this community. There has been only one protest from all the property owners and it is not a valid protest that the whole community should suffer one person goes against our constitutional form of government. I believe that the letters and documentation you have received clearly indicates the will of the people which you are obliged to carry out. With countenance that you will continue to protect South Bayshore Drive, I am sincerely, Dolly Maclntyre. Thank you. Mrs. Gordon: Thank you, Mr. Maclntyre. Mrs. Marilyn Reed: Marilyn Reed again from Coconut Grove. You already have a copy of this, I'd like to just read it into the record. I think it will take much less than three minutes I hope. The Heritage of Coconut Grove has all but disappeared under the guise of progress. There is precious little left to save and precious little time in which to save it. The preservation of the remaining bits and pieces for now and for future generations would help to maintain a unique character of what has now become what was the Grove. The very uniqueness, historical, cultural, low profile that attracted new residents to the Grove also attracted concrete oriented developers and speculators who have succeeded in destroy- ing some of the most significant historical areas for parking lots and high- rise despite the many years of opposition from hundreds of Grove residents. The preservation of Bayshore from Alatka to McFarlane is essential to the scenic corridor concept and to the continuity of the plan of the corridor. I urge the commission to take a strong stand by approving resolutions number 7(a), (b), (c), (d) and (e) of the agenda today especially 7(b) which de- serves attention. The PAB has vacillated in this one area since last June through two public hearings, one deferral and one session which ended in a tie vote. This area is documented by the experts as to its value in histor- ical and geological significance. The Oolite cliffs which date back not hundreds but thousands of years are the only formation of its kind in the sorld. Historical houses along this strip date back as far as 1889. It would be ludicrous, indeed, to leave out this one link in the entire chain that stretches from Miami Avenue south to the point where Old Cutler meets South Dixie in South Dade. Chapter 74.400 of Florida Statutes preserves Old Cutler in its entirety from the South Dixie point up to and including Franklin Street in the Grove. It is interesting that the Mayor of Coral Gables, Bob Knight, appeared before the Metro Commission last June asking for an ordinance to preserve several roads, among them roads in the Grove. The ordinances were passed and prohibit the expansion of Charles Street to Douglas, Ingraham between Douglas and LeJeune. It remains now for the com- mission to approve these resolutions today. I urge you to approve all of them. Thank you. Mrs, Gordon; Thank you, Marilyn, Mr, Fred Stan Smith; My name is Fred Sten Smith, I live at 201 S. SayskhQxe Drive in the 7(b) area and I'm also here representing Mrs, Hudson and Dr, Mert who step five in the sate '/(b) section of South Bayshore Drive. We are among the people o Would probably hurt most financially by continuing a scenic drive there because Welke saying we want out property to contain and continue as residential but that ie what we want and that is why we are in the area and we want to continue the drove as the pleasure place it is of all South Florida. It's a pleasure to drive on South Bayshore Drive► it is a pleasure to live there and to be part of the com- Triunity and we want to keep the community the way it is and we want 7(b) to be a scenic corridor. APPLAUSE Mrs. Gordon: Thank you. Mrs. Bettner. Mrs. Elizabeth Bettner: I'll only be a minute, The Archdiocese of Miami had to ask Father Glory to send someone down from St. Hughes to represent our church there. And the thing of it is we have four pieces of property on Main Highway and Franklin and, of course, we're very much interested to have something passed that would be to the benefit and that is why he asked us to be here so as to make sure that it goes on record, the church is represented and this would be for our benefit. I hope you pass resolution (c). Mrs. Gordon: Thank you, Mrs. Bettner. Mr. Paul Morris: My name is Paul Morris. I live at 3570 Main Highway. I'd like to ask a few questions if I may. (1) I don't think too many of the residents along this street were notified about this meeting. I know of several cases of my neighbors who did not receive anything in the mail regarding this. The first question I would like to ask is how the Planning Commission goes about this and what are the legalities involved with regard to the legal setbacks. My particular property sits on Main Highway 20 feet setback from the road. Now this will become the street yard. I believe, and my deed also reads that I am 15 back from the center of the road. Now I don't know that the road is 70 feet wide in that area. This is the thing that is proposed and I don't believe that it is. Could anyone answer that question? Mrs. Gordon: Mr. Acton will answer your question. Mr. Acton: The zoned right of way is 70 feet but the roadway itself is not. So what we're saying is that the zoned right of ways included in the scenic corridor as well as the residential front setback area in the Environmental District but the roadway itself is less than 70 feet and it is our intention by this designat- ion to keep it at that present dimension. Mr. Morris: Thank you, sir. I'm very interested in having the Grove maintained as it is and I've heard, this is rumor by chance, that there will be things like tearing down walls and things of that nature that are part of the beauty of the Grove. One other question I'd like to know about the legalities, in case one wants to sell their property after the city has taken over this 20 foot yard road plus the setback how is that involved? Mr. Acton: We don't take over that property. That property remains in your owner- ship. All we're saying is that the frontyard area of your property is included in the scenic corridor designation and that it cannot be altered without approval by the Environmental Preservation Board. But it remains in your ownership, the city is not taking the property. Mr. Morris: Thank you. Mr. Grassie: Mrs. Vice -Mayor, I wonder if I could ask Mr. Davis to answer the question with regards to the notification to property owners because that's come up a couple of times. We ought to explain how that happens. Mr. Davis: In this particular situation notices were sent to all of the tax holders of record, tax payers of record, Metro Tax Office taken off of the computer at Metro and were mailed not only this time but were mailed to all of the taxpayers i n the districts, in these scenic corridor districts only - not the surrounding areas but the scenic corridors, the ones who are affected and they would be the property owners of record. If there are questions about this I'm not saying that the computer can't make a mistake because it does and has. If there are any quest- ions about this I'll be glad to take the names of the people that they don't think got notices and check our records against them because if there is something in error we'd like to know it. Mr, Grassie: The two points, Mrs. Gordon, are that we used the Dade County Tax Property Record and so far as that is complete the notification should be complete. Ohy goes to property owners and not to residents, in other words not to rentors t people who are occupying the property. s. Gordon: That's understood that it's the owners of property that ate the abet that are notified. Sometimes the occupant of a property is not the tier hut unless the, and then the notice might go to the owner of record who may riot e`en be a local resident at the time. Mr. Davis: Very many out of town owners on these. Mrs. Gordon: Yes, I know. That's why I made that point so that anyone that has that question in mind would understand that just because they're residing in the property unless it's an ownership of record, if it is an ownership even on a con- tract which is an unrecorded contract they wouldn't be notified because it's not of record. Ok? If you wish to speak.I'd be very happy to hear you if you'll come forward. Did you want to speak next, sir? Just come forward one at a tiMe and we'll be glad to hear you. Mr. Grover Reed: Madame Vice -Mayor and fellow commissioners, my name is Grover Reed. I live at 3656 Douglas Road. There are a few questions that I would like to ask and have answered in regard to this scenic preservation area. On Douglas Roar y,1.'te goi.ny from Main Highway or Ingraham Highway to Franklin Avenue where Father Gibson lives. It's cut off at Kumquat. That is right in front or runs parallel to the St. Hughes Catholic School. On the other side on Franklin Avenue parallel is Charlotte Jane Memorial Park Cemetery. One, approximately a half a block or a half a block in front of Charlotte Jane Memorial Cemetery is Charles Terrace then we have Frances Tucker Elementary School and then running parallel to Frances Tucker School we have two churches. Now, that has not been considered a scenic corridor in any way along Douglas Road. The citizens or homeowners from Franklin back along Douglas Road will have a setback of 35 feet from each side or 70 feet for roadway, also 20 feet setback for building which is 110 feet. Now that 110 feet, I have 6 feet from my front door out in the yard. My neighbor across the street, he has only 6 feet of his house, only six feet at the back of his house as far as that is concerned. Now, on Franklin Avenue I don't know where Brother Gibson lives on Franklin Avenue, I've walked the Avenue, I ride my bicycle down there occasionally but I know that 2/3 of it is paved and they do have side- walks. Is that correct, Brother Gibson? Aproximately 2/3 or at least a half is paved and has sidewalk. Rev. Gibson: Yes. I'm in the block where there is no sidewalk and I know that they will be putting the sidewalks in. Mr. Reed: Will all of Franklin be paved then and have sidewalks? Rev. Gibson: Yes, sir. Mr. Reed: Well, we do not have that on Douglas, we do not have that but we do pay taxes just like everybody else. Now. I want to get back to this... Rev. Gibson: Of course, I need to tell you that the people by and large on Douglas Road from Franklin going to Main Highway did not want sidewalks. One of the pre- culiarities of the Grove, I must admit this, they aren't too anxious about no side- walks and I understand that. Mr. Reed: That's a matter of opinion, I agree. Rev. Gibson: And they don't like that --- Mr. Reed: All right. We're cutting off right there at Franklin on this scenic corridor along Douglas Road. Now we're not taking in the cemetery, the two churches, the Frances Tucker Elementary School or down to Grand Avenue. That's all eliminated along the corridor or the scenic corridor. There is some reason for that. Now we get back to the other thing I want to bring up. On Douglas Road coming down to Bird Road that is a five land highway. From Bird Road down to Dixie Highway we still have a continuation of 5 lane highway. From Dixie Highway down to Grand Avenue half way, approximately half way give me half a block there, they have a four lane highway now. Now is that going to be extended on to Grand and then come on down to Franklin as a four lane across there or a five lane? Rev. Gibson: I think Mr. Adams informed me that improve that area. Isn't that right, Mr. Acton? Mr, Acton: Yes, only from Grand AVenue to Dixie Rev. Gibson: Yes, right. it is the intent of the county to To widen? Highway which is Reed: Well, you know youtself since you live on Franklin that Douglas Road ion§ there from Ingraham Highway or the Main highway to Grand Avenue and to High - ay 1, the highway is heavily trateled. That highway is) Douglas Road is like a highway in the morning and in the afternoon. Rev. gibson: I agree. Mr. Reed: And it is very hard for people along bouglas Road in the mornings to back out of their own driveway because of the traffic. Now you can come down and check that any time. I think anybody will agree with me on that. But these are the questions I wanted to bring up in regard to the scenic corridor there. Rev. Gibson: Thank you. Mr. John Merle, Jr.: Madame Chairman, commissioners, my name is John Merle) Jr. I live at 4215 Ingraham Highway and I've got some questions I would like to ask that I'm still unclear of on this matter. Mrs. Gordon: Speak up and ask any questions that would resolve your questions. Mr. Merle: Now first of all in the area of Ingraham Highway where I live the right- of-way is 30'. Here we are shown a zoned right-of-way of 70'. Now isn't there some contradiction here? Mrs. Gordon: Mr. Acton, will you answer the question? Mr. Acton: The zoned right-of-way, as I explained to the previous gentleman, is 70' but the street development itself is much less than 70' as indicated on that graphic. If you'll notice the 70' zoned right-of-way indicates that the right- of-way extends considerably beyond the street development itself. In other words there are numerous trees along Ingraham, Main and the other parts of the scenic corridor where the street trees are actually in the zoned right-of-way and that's, of course, what we're trying to protect. Mr. Merle: Well, why is this zoned right-of-way 70' if the street is never going to be widened if that's supposed to be the purpose of this resolution? Mr. Acton: No. The street is already zoned right-of-way of 70'. It was zoned that way many many years ago before we realized that we had to come up with ordin- ances that protected the scenic qualities. Mr. Merle: But it is the purpose of this resolution as to preserve the existing street exactly as it is, shouldn't that right-of-way only be 30', just what it is? I mean what is the purpose of the 70' if it's not intended to widen the street sometime in the future? Mr. Acton: The purpose of the 70' is to protect the entire scenic corridor as it exists today. In other words we don't want to reduce the extent of the 70' plus the two 20' zoned front yard setbacks. So what we're doing is actually preserv- ing a total. of 110' of that scenic corridor. Mrs. Gordon: Mr. Acton, I think in layman's terms I might be able to clarify. I know what you're thinking about - why don't you narrow it to a 30' corridor and let it go at that. However, if you do that then you would permit construction to take place in that other portion and you might have somebody building up quite close to the street line which is not what you want to do. The corridor is 30'. The scenic highway will prevent the widening but it will also because of the 70' right-of-way prevent construction from coming closer than that. Rev. Gibson: Let me help the gentleman. Sir, if you go on Douglas Road beginning at Franklin, the gentleman mentioned Charlotte Jane Memorial Cemetery, right across the street is the church. When they wanted to build that church the minister, the then minister found it difficult to understand why the city would not permit him to extend that church. The intent on Doublas Road is to make sure that Douglas Road is widened from Franklin all the way up to Dixie. The sad thing is because they did not do then what is being advocated now, if you go from Franklin say from Charles Avenue to Dixie Highway all the way up you find one hodge-podge all stick- ing out in the street and all that kind of business and I would say to my fellow Groveites one of the reasons I like the Grove is because we still keep a little semblance of woods and trees. You know? APPLAUSE Mr, Merle; Well, I'm all in favor of woods and tees too, don't get one wrong on iat, What r'rn trying to get at is What is it that we're giving up here now? fi MY particular area there are some properties along Ingraham and Douglas Road, torte have walls and some do not and the traffic has now reached the point in faint of my house that one of these days I'M going to have to put ttp a wall or 'M hot going to be able to continue to live there. Rev. Gibson: I know. Mr. Merle: Now, the question is where am I going to be permitted to put the wall? If I have to come back 110' that's the middle of my existing house already. In other words my situation is not nice and neat like is on this drawing up here. Mr. Plummer: It's 55. Mr. Merle: It's 70. Mr. Plummer: Half of 70 and 20, 55. Mr. Merle: 55. Alright. Now, am I going that wall up? Mr, Plummer: Twenty feet of it you will be. Mr. Merle: Twenty feet from where? Mr. Acton: No. Mrs. Gordon: Ladies and gentlemen, I was just told that Mr. Reboso is going to have to leave us before 6:00 and we're going to be down to a skeleton crew so we ought to move along as rapidly as we possibly can on these items. I don't want to cut anybody off who wants to speak. How many more people are there that wish to speak? Mr. Acton: I'll answer the question, Commissioner Gordon, for the record. The wall maybe placed in the scenic corridor right-of-way provided that it would have the approval of the Environmental Preservation Board. Obviously we want to con- tinue the continuity of what already exists in terms of walls. It wouldn't make much sense to have a wall set back at 55' if the neighborh's wall is say 40' back or 35' or whatever else. So the board will take that into consideration to pro- vide both compatibility in terms of the construction of the wall and also the scenic qualities as they affect the dimension from the centerline of the roadway to the roadway itself. Mrs. Gordon: Does that answer your question, sir? Mr. Merle: I think that answers my question, yes. Thank you. Mrs. Gordon: Thank you very much. The next person, a nice young lady. Can some- body put the mike down so she can be heard. Miss Deedee McIntyre: Hi, I'm Deedee McIntyre, a resident of South Bayshore Drive, 1835. I am here to represent my brother and my class and me as well. I am trying to save South Bayshore Drive because I play on it and if it gets widened I cannot ride my bike and I cannot go down to the park and have fun in it. Please do not widen South Bayshore Drive. Thank you. Mr. William O'Neal: I'm William O'Neal. I live at 4365 Ingraham Highway. That's the corner of Battersea and Ingraham Highway. My house faces kitty-cornered, my lot is kitty=cornered, I think I end at the City Line, my corner property. If I want to change my driveway which at this point is a hazard, would I have to seek approval from an Environmental Control Board or something like that? Mr. Acton: Yes, you would. Rev. Gibson: But Mr. Acton, let's answer a little further for that gentleman. But if it is to his advantage to change his driveway you'd be glad to have him change it, I think I know what he's talking about. Mr. Acton: Ok. If it improves the scenic qualities of the roadway it would def- initely be approved by the Environmental Board. Rev, Gibson: You see, sir, so don't leave under any apprehension, Mrs, Gordon; I think he'S satisfied,,, yes, but let's take sure he doesn't leave under any apprehension. O'Neal: Actually, my dri'eway comes out at such an angle that it is a hatatd. Rev Gibson: Right, Mt, O'Neal: And as a matter of fact there are two accidents a year oh a tree ih front of my house because the street curves there and I would like to change it. Mrs. Gordon: Well, I'm sure nobody is going to hold back on something that's going to be an improvement to everyone. Mr. Paul Morris: I'm sorry to take your time, I want to speak once more. I am hot under the impression that the city has a 70' right of way on Main Highway. Is there anything in proof that we know this? My deed reads that my property is 15' away from the center of the road. Secondly, I might point out that several people have been interested in the fact that they do want to widen the right -or -way be - Cause of the public Works Department and I'd like to know what is involved with this. Mrs. Gordon: You want to widen it? Mr. Morris: No, the city would like to widen the right -or -way because of the Pub- lic Works Department. Mrs, Gordon: I don't think that's true, but Mr. Acton, you speak to that. Mr. Acton: The zoned right-of-way is contained in the yard district provisions of the Zoning Ordinance and I can point it out to the gentleman right here. It's actually listed. Does that answer your question? Mr. Morris: Well, how does it counteract my deed? Mr. Plummer: Your deed is incorrect. Mr. Acton: It overrides the deed in terms of where you can place a building or structure on your property. Mr. Morris: Can you answer me anything on the Public Works Department? Mrs. Gordon: Mr. Grimm, since you're from Public Works, do you want him to answer it? The question was is Public Works going to plan to widen Main Highway. Mr. Grimm: No, ma'am. Mrs. Gordon: Ok, that's the answer - no. Alright, anyone else? Mr. Scully. Mr. David Scully: Madame Vice -Mayor, my name is Dave Scully. Again, I'm from the Environmental Preservation Review Board. I'm the chairman of that board and, of course, we are in favor of these scenic corridors and I think it is a long time coming and welcome. One thing distresses the board, however, and I think we'll find distress you as well in that we have control of those pieces ordinance rope01,rtytfrn om the zoned right-of-way line back to 20'. We, however, by 64.13 have been excluded from control of any property in the right-of-way and I think along with some of the other things that I was discussing earlier at the previous matter, that we will seek your aid in gaining the control particularly for these areas where they are scenic which would expedite people coming trying to get solutions to problems under one group. Mrs. Gordon: Mr. Scully, I for one will tell you that I would be most interested in all those grey areas being cleared up and clear understanding of the responsi- bilities of each of the boards be delineated. Mr. Scully: Thank you. Mrs. Dugene Hancock: My name is Mrs. Eugene Hancock and I live at 3856 Douglas Road. All of our distinguished commission here and all of our neighbors, I'd like you to know that I'm in favor of motherhood and husbands and wives and trees and homes and all those lovely things and I have a lovely home and I indeed want to keep it a lovely home. Douglas Road in front of my house is 35' wide. There is a small space that I do not know how wide that is but we can park a car, then we have a wall. This goes for a great many of us on the West side of Douglas Road, We have a great deal of property for which we're very fortunate and for which we pay an a corbitant amount of taxes. With your 20' that you would like to E- r take that is my front yard area and I've used the word take loosely but very seriously in my point. I understand that I cannot remove a tree. I do not want to remove a tree nor I want Florida Power and Light to remove trees but does this dean that I have no right, as the gentleman who wants to build a driveway, out driveway was built in 1922 with two very large coral rock column posts. It is dangerous with the big fat cars of today, they are not 22 models to get in and out of our driveway. Someday I would like to widen this driveway. Will I have to go through all this hassle of asking people permission to use my own property? There is a possibility that I would like once again to have a gatehouse on that property to protect the comings and goings in and out of our driveway. There again, my dear husband has paid for the property, he has paid for the house and I think if we break it down we are paying $115 a week taxes. With that kind of taxes I would like to be able to build a gate house at the front of my gate or to widen my driveway. This does not mean in any sense of the word that I am against the greenery of Coconut Grove, I've lived in Coconut Grove all of my life and that is considerable years. But, I do want to have control of my property, the property that my husband has worked for, has paid and we own and I think that a great many of our neighbors feel the same way. I pose one question: If we want to preserve Bayshore Drive, Ingraham Highway, Douglas Road with the scenic beauty that now exists, that we now enjoy and that hundreds of cars use daily because they don't want to take an expressway why don't we vote just to leave it alone as it is right now? APPLAUSE Mrs. Douglas Erickson: My name is Mrs. Douglas Erickson. I live at 3952 Douglas Road and I have one technical question. When we bought the property the right-of- way was not clear and so we bought 12' back so that the now previous owners could clarify the property line and the right-of-way in court. The court decision was that the property was owned with no easement and no right-of-way to the wall which sits on the road. You're now talking a total of 110' but you really don't have it all the way down Douglas Road. Mrs. Gordon: Mr. Acton, will you address that question? Mr. Acton: Yes. Again, we're speaking about a zoned right-of-way which is a total of 110' but from the centerline of the road as it extends through your property would be half of that or 55'. Now any of your land that lies within that zoned right-of-way, and you mentioned you own the property to the wall, still remains in your possession and the roadway itself, as you know, is much less than 70'. Any time that you want to make any additions or alterations or whatever if you desire to do so in the future would require that you receive approval to do so by the Environmental Preservation Board. This doesn't take away any of your property rights. Mr. Plummer: Let me ask a question, George. On the 20' and on the zoned property width, you say it has to go before the Environmental Board. Is there an appeal to that board at this commission? Mr. Acton: Yes, to this commission. Mr. Plummer: Ok. Rev. Gibson: Counsel, you waited for last. Mr. Jack Rice: My name is Jack Rice. I'm an attorney and I represent Dr. Robert- son who owns Jamestown which is a piece of property going from Mary Street to the Coconut Grove Bank Building on Bayshore and from Bayshore back to Tigertail which is a substantial piece of property. This question first came before the Planning Advisory Board and I thought we had won it on the first hearing but Mrs. Alexander or Mrs. Rockafellar, I believe, had it brought back again. We went through the hearing the second time, by winning I mean our property was deleted, that area from consideration. The second time it came before the board and it was a 3-3 vote which now comes to this commission as a denial. There is a difference between what I'm arguing about and the rest of the area. I'm on Item (b). I say there is also a difference in part of Item (b) which I would not object to be excluded and that's all Bayshore Drive up to Aviation. My client, by the way, owns a large piece of property on Bayshore which is also in an Environmental District which is the same as this scenic transportation corridor. Now the street where my client has this property, and everywhere from Aviation to McFarlane is 100' in width. My client paid an assessment to have this street built. There is a preservation, historic preservation district that's been established by the state and the county and that's South Bayshore Drive but before you get to our property because in those two resolutions establishing it were both adopted prior to the construction of Wri Bayshore Drive from Aviation to McFarlane. So this commission has taken the posit - that the Historical Preservation District don't apply to that area. Now when Miss Meyers testified before the Planning Advisory Board she says in establishing this recoMmendation on the scenic roadways that when she went down there it was her Visual observation and although this is a wider street that is completed, neverthe- less it should be included in the scenic preservation district. Well this street is wider than most all other streets and a brand new street, this is not an old street. You've already established this street, you've already established the setback area and it's different, of course, Bayshore Drive where there's no side- walks which is north of Aviation. Now in discussin this particular area there's also a zoning difference and there's also an ownership difference on Bayshore Drive separate and apart from these other areas that we've discussed or in these other resolutions - (A), (C), (D) and (E). The City of Miami owns at least 50% of this scenic highway district from Aviation to McFarlane, the city building we're here in today, etc. In addition, although it's zoned waterfront recreational or city use or whatever, it has the aspects as to a great majority of the city prop- erty of commercial use such as Merrill Stevens, if it was in any other place would be Waterfront Industrial because they do repair some boats, haul boats and do everything that's done on the Miami River is Waterfront Industrial where they can go and work on these ships. Although the city owns the property on the east side of Bayshore to Aviation there is a commercial venture in there, Monty Trainer's Restaurant which is not residential commercial in any aspect at all. Directly across the street, before I get across the street let me stay on the east side/ northeast side of Bayshore Drive and right next to or across the street from Monty Trainer's is also an auditorium in which we have the Recreational Department in which you have fights. Now if any of you have ever been there at night you know that this is quite commercial whenever there is any activity going on in this recreational area. As you head further south you reach Merrill Stevens which it not only has boat repairs, boat hauling 28', 60', I don't know how high they get about 60 or 70' but they also sell gasoline and do everything else of a commercial nature. The Grove Key Marina is right next to it. It has about 7-14 acres, quite a large piece of land. That is the same commercial aspect as Merrill Stevens with the exception that there is also going to be a restaurant put on there, put in on that land so I understand, at least they have the right to and they have a small snack bar there. Then as you head further south you then run into the Seminole Docks which is another restaurant. So everything in there is commercial or has a commercial aspect to it different than all these other areas that you set up in the scenic district. Everything north on Bayshore is residential. Everything down Man Highway is residential. Douglas Road is residential and we're not addressing ourselves to that and we're not concerned and we're not asking you to vote against, in fact, as far as we're concerned we're for it. Now what is on the other side of the street where my client is located? First of all from McFarlane to Grapeland or 27th Avenue, that area is already fully developed with the exception of my client's property. There is nothing else to go there. On the corner of McFarlane is the library and the property on the right on the corner is owned by the library which the city had built. There can be nothing done there. There can be nothing done on the east side because the city owns all of that too so there is really no, what I'm getting as far as this scenic highway, there's nothing that could occur in this area with the exception of one piece of property from Grapeland to McFarlane and that's my client. In other words you're putting a scenic preservation district will effect my client's property and this one site differently than anybody else that is there. Now the commercial aspects or the buildings that are there which are Yacht Harbour, Sailboat Bay were both built with the acquiescence of the com- mission. Mrs. Gordon: Jack, can I interrupt you for a second just to ask for clarification? Are you addressing yourself to all of South Bayshore Drive or are you addressing yourself between Aviation to McFarlane? Mr. Rice: From Aviation to McFarlane is all I'm talking about. Mrs. Gordon: All right, then we understand what you're objections are so we're not muddying the waters with the rest of them. Mr, Rice: Right, I don't want to get involved in the other. Mrs. Gordon: Point to it on the map, the section you're objecting to including in the scenic corridor. Is that the area that's presently four l.aned7 yes, Ok, fine, But where is talking about. INAUDIBLE Aviation on that map? Ok. And that's the section that you're Mrs. Gordon: Where is your piece of land? That's just next to Vth is 27th Avenue? Ok, Then you're actually south of it. Ok, venue, Where Aide: What l'th further explaining to you is next to Dr. Robertson is the bank thich is fully developed, no further development can take place there: So for the I:61ft 40 years for the life of these buildings there can be no development and will be no development. Now proceeding north or northeasterly along Bayshore you have the Office in the Grove. That's a brand new building. Nothing is going to happen there. Then you have three motels which is a commercial use then you have the WeVerly Inn which is now the Bayshore Village, which by the way has just been sold and there's going to be nothing done on that particular property. Then you have the Coconut Grove Hotel which is a brand new building, has a commercial aspect and has a bar, hotel and everything else, incidentals that serve hotel use. Than as you proceed further north you have a six story apartment and then the government building which is United States Coast Guard which is about 7 or 8 acres and then you have some more apartments down to Aviation. What I'm trying to tell you, that there is a reason why we should delete this property. Secondly, when it comes to setting something out in a preservation district there are certain criteria that you must follow to do it. One is trees, 10,000 square foot or more in area in one clump. You must have outcroppings of rock. Outcropping of rock, that's one of the preservation things. That's the reason why you set up a preservation district and this scenic roadway or corridor is the same thing as a, comes within the pres- ervation district, Environmental Preservation District. Mrs. Gordon: Jack, the 4:00 O'Clock Item, #13 which has to do with the Florida Division of Driver's Licenses. They've asked for a deferment. Is that agreeable with this commission that we defer this item? Major Keith sent a message up to me. Major Keith, would you indicate you wanted that item deferred until the next haring. Is that agreeable with this commission? A11 right. Any objections from any commissioners? You're objecting to the deferment, J. L.? Mr. Plummer: I do. Is this to defer for a full commission? Well, that makes it tough to vote against. Thereupon on motion of Commissioner Gibson, seconded by Commissioner Reboso Agenda Item 13 was deferred by a unanimous vote of the commissioners present. Mayor Ferre was absent. Mr. Bob Davis: Madame Vice -Mayor, I want to confirm that this will be on the next meeting, November 17th and this is going to be a very long meeting, the November 17th Meeting already. There are a lot of people here at this point, a lot of people. Mrs. Gordon: Oh, I'm terribly sorry. Wait a moment, plese. The people who are here in objection, would you raise your hands, please. Oh, we've got a problem. Do you object to this deferment? I'm asking a generalized question because of the hour, we're going to lose Commissioner Reboso in a few moments, he's going to leave. (INAUDIBLE) Well, we're going to have only 3 commissioners here. INAUDIBLE Mrs. Gordon: Well, is that agreeable with all you people? Mr. Davis: We can't have it, we have a time scheduled for 2:00 O'Clock but if you want to set your Commission Meeting at some other time to start this would be fine, Madame Vice -Mayor. I would set it for as early as possible I would suggest because it is a very long meeting. Mrs. Gordon: All right, set it for 1:00 people who have come here in objection? we're going to have to part. Mr. Reboso it's after 6:00 and we just don't have a INAUDIBLE O'Clock. Would that be agreeable to the We have very little choice in the matter, has notified me he has to leave at 6:00, choice. Mr. Plummer: Jack, may I speak to the item? You all fully know how I feel and my vote is not changing. For 12 years that I've been involved with the City of Miami it has always been a matter of one right of deferral to a full board. Now if it Was anything else I would have voted against it but they have asked for that right and that option and I had to vote yes because the Mayor is not here, Reboso is leav- ing which means then to overrule they would have to have four votes and there is no way they could get it mathematically so I had to vote for the deferral. Now I can appreciate the fact that you've been sitting here for three hours or at least two and you've got to come back but I'm sorry that's the way the fairness of this commission has always been and I say to you that I had to vote for deferment because that is a matter of right and courtesy that we've always extended and I voted for it for them. ,, it will be set them for 1:00 P.M. Mit, Gordon: We'll set it the first hearing of the... Well, would you rather have it its the evening? I've asked for evening meetings so.6 Why don't We let you know by communication? Mr. Grassie, would you arrange the agenda so that it Would be convenient to these people so they don't have to take off from work. Mr. Grassie: We'll do our best. At this stage I would suggest 6:00 O'Clock sounds like a reasonable time, Commissioner. We'll shoot for that. Mrs. Gordon: We'll shoot for that. Ok? Thank you, ladies and gentlemen for being patient with us. Ok, now continue, Jack, and let's wrap it up. Ok? Mr. Rice: Let's get back to the subject. The main thing we're concerned about, that you've let South Bayshore Drive practically develop and the only one property left is my client's property which can be developed to any degree or style and now you're going to require him to follow a different procedure than the other people have followed. Now what does my client have to do that the other people don't have to do? If he does anything to his property the first thing he has to do is go be- fore the Environmental Preservation District. Secondly, if he's doing more than moving trees around he's then got to go to the Urban Development District. NOTE: Commissioner Reboso left at 6:05 O'Clock P.M. Mrs. Gordon: You're losing your members. You made your point. Mr. Rice: Could I ask for deferal, if everybody's gone? Mrs. Gordon: No, I don't think it is necessary to defer this, we've listened to it for almost an hour and a half and to defer it now I think would be unnecessary frankly. Mr. Plummer: Jack, do I understand you correctly that your client is only vitally concerned with one piece of property? Mr. Rice: That's right. Mr. Plummer: Let me ask this question. He makes a damned good point. Ok? Is there any reason we can't shut him up by pulling that out? Mr. Grassie: I wonder, commissioner, if we shouldn't answer the question as to whether the proposed regulation will have any material impact on their property. Mrs. Gordon: I'm wondering if it would. Mr. Plummer: He is contending, and I think he's making a good point; yes, that in my opinion it would. Mr. Grassie: I Bonder if we should ask the staff to make clear to you exactly what the control is. Mr. Rice: Could I bring, I talked to Jack Luft about this and he said he would have no great objection that this particular area being removed. Mr. Plummer: Well, why don't we say that? Mr. Acton: It's not the official recommendation of the department. In answer to Mr. Grassie's question, approximately 30' of the front yard area of any development that goes in there in the future would have to be reviewed for compliance with the appropriate landscaping and that's all. Mr. Rice: Oh, no! That's what he says but that isn't what is actually going to occur on this because once they take jurisdiction they've got to have a site plan and they've got to have a development plan and a landscape plan. Now my client can't move and if he has to go through this in Coconut Grove he's never going to build anything. That's my point. Mrs. Gordon: Let me ask you, George, will he have to have that beyond that certain number of feet you just described or not? Mr, Rice: Ask the City Attorney that. . Acton: Yes, he would have to have a site plan of the entire prS? ec . But the board only has jurisdiction over that 30' front yard area. Vitt. GordonYouve made your point, Jack, ok. Any other speakers? Ok: Alright, dodtot, Dr. JaMes Robertson: I'm br. Jaftes Robertson: I have property as Mr. (tide p3ihted out on Bayshore Drive before you get to Aviation and my property there would be hurt but I will waive my objection there. I would be hurt most severly I think if this were done on Bayshore Drive between Aviation and McFarlane. You already have a (lapin the road for McFarlane and Main Highway there and all you'd have to do is extend this there. I do have pictures of the area. At our expense we have built one of the most beautiful streets in the city with the largest central island here. Here is one picture of it. These trees, these large trees you see here are trans- planted trees. They are very large oak trees and if anyone would like to see these I'd be glad to... I've lived in this area 25 years. Out of all the properties there there are four of them involved in this. I promise you that not one single of these pieces of property is making any money. They're all losing money and I'm paying heavy taxes and I hope someday to be able to come out of this. I do feel that this would be inconsistent with what you've done in other areas because this area is developed to the maximum. There is no way that you can do this. I think it's 100' wide from street to street and it's already taken away parking from in front of Grove Hill and Jamestown in widening this at our expense. I would not like to see this occur again, I would not feel this would be democratic or even fair and I wish you would take this part out of it. Thank you. INAUDIBLE Dr. Robertson: No, I have two, three that would be affected actually. Mr. Rice: There's only one piece in particular....actually there's going to be no development in that area and my client is the only one effected. That's the reason why we're objecting. If I might add one thing, all those trees there have been placed there by the .... Mrs. Gordon: Alright, thank you, doctor. Anyone else that hasn't spoken that wanted to add anything? Then we're going to move along The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-954 A RESOLUTION DECLARING SOUTH MIAMI AVENUE FROM S.E. 15TH ROAD TO ALATKA STREET WITH A WIDTH AS FOLLOWS: S.E. 15TH ROAD TO S.E. 32ND ROAD INCLUDES ONLY THE PUBLIC RIGHT-OF-WAY (120'); S.E. 32ND ROAD TO ALATKA STREET INCLUDES ZONED STREET YARD AREA (20') OF ALL PROPERTIES ABUTTING BOTH SIDES OF THE DESIGNATED STREET AS A SCENIC TRANSPORTATION CORRIDOR (THEREBY BECOMING AN ENVIRONMENTAL PRESERV- ATION DISTRICT) AS PER CHAPTER 64 OF THE MIAMI CITY CODE, AND DIR- ECTING THE PROPER OFFICIAL OF THE BUILDING DEPARTMENT TO INCLUDE SAID PROPERTY ON THE OFFICIAL MAP MAINTAINED BY THE BUILDING DEPART- MENT DELINEATING ENVIRONMENTAL PRESERVATION DISTRICTS. (Here follows body of resolution, omitted here and on file in the Office of the City clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon NOES: None ABSENT; Commissioner Manolo Reboso Mayor Maurice A. Ferre A'aS ; plU tier! Seveh (b) With the exception of 27th Avenue to McFarlane, 1 moVe it The following resolution was introduced by Cofitnlissio ler plUMMer► W116 Wiled itS adoption: RESOLUTION NO. 76.,955 A RESOLUTION DECLARING SOUTH BAYSHORE DRIVE FROM ALATKA STREET 'O S.W. 27 AVENUE IN THE COCONUT GROVE AREA OP MIAMI AS A SCENIC TRANSPORTATION CORRIDOR (THEREBY BECOMING AN ENVIRON- MENTAL PRESERVATION DISTRICT) AS PER CHAPTER 64 OF THE MIAMI CITY CODE, AND DIRECTING THE PROPER OFFICIAL OF THE BUILDING DEPARTMENT TO INCLUDE SAID PROPERTLY ON THE OFFICIAL MAP MAIN- TAINED BY THE BUILDING DEPARTMENT DELINEATING ENVIRONMENTAL PRESERVATION DISTRICTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote - AYES: Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon NOES: None ABSENT: Commissioner Manolo Reboso Mayor Maurice A. Ferre Mr. Plummer: Do I clarify it sufficiently by saying, I don't have to say thedel- etion, with the exception of is sufficient in terminology to adequately cover'? Mrs. Gordon: George, does that do it alright? Mr. Knox: We can frame the language in the resolution. Mr. Plummer: You understand the intent? Fine. Mrs. Gordon: In other words it would say from Alatka to 27th Avenue? Mr. Plummer: Right. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 76-956 A RESOLUTION DECLARING MAIN HIGHWAY FROM FRANKLIN AVENUE TO DOUGLAS ROAD WITH A WIDTH AS FOLLOWS: ZONED STREET RIGHT-OF-WAY (70') PLUS ZONED STREET YARD AREA (20') OF ALL PROPERTIES ABUTTING BOTH SIDES OF THE DESIGNATED STREET AS A SCENIC TRANSPORTATION CORRIDOR (THEREBY BECOMING AN ENVIRONMENTAL PRESERVATION DISTRICT) AS PER CHAPTER 64 OF THE MIAMI CITY CODE, AND DIRECTING THE PROPER OFFICIAL OF THE BUILDING DEPARTMENT TO INCLUDE SAID PROPERTY ON THE OFFICIAL MAP MAINTAINED BY THE BUILDING DEPARTMENT DELINEATING ENVIRONMENTAL PRESERVATION DISTRICTS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson, the resolution was passed and adapted by the following vote - Commissioner (Rev.) Theodore Gibson Commissioner J. L. Plummer, Jr. Vice -Mayor Rose Gordon NQM; None ABSENT; Commissioner Manolo Reboso Mayor Maurice A. Ferre Mt, Plthflmet: I've got soft problems. I'd like to defer 7 (d) until I can go out and actually walk that street. I've got some problems. I know of the walls that exist there and I personally would like to see this portion deferred until I can 10 out and actually walk it. I've driven it a million times but I think some fihe points were made here and I personally would like to-== I'll move to defer (d). If that lady thinks her taxes are bad now, wait until you get your new bill, I voted against it. Thereupon on motion of Commissioner Plummer, seconded by Commissioner Gibsofl the item was deferred by a the following vote - AYES: Commissioner Plummer, Commissioner Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Commissioner Reboso and Mayor Ferre. Mr. Plummer: (E) is from Ingraham Highway from Douglas Road to the City Limits. Father, refresh my memory. Are there any walls? That's 'Ye Little Woods'. George, you know the thing that was running through my mind on (E), what about the bicycle path? That exists on the east side or what I would call the east side. Is it going to effect that? Is there anyone objecting to that portion? Mrs. Gordon: No, I think that's almost a universal---- Objecting to having that a scenic highway? INAUDIBLE Mrs. Gordon: No, you're not raising your hand in objection to this item. Oh, ok, that's what you had us so worried about. Mr. Plummer: You have objection. What was your objection? INAUDIBLE Mr. Plummer: Well, of course, that's everybody's objection. Do you have a wall presently? Mrs. Gordon: He wants to put a wall up if you remember, and the observation.... Mr. Plummer: Wel], I see nothing wrong with deferring to look at, I see nothing wrong with that. Thereupon, a motion to defer was introduced by Commissioner Plummer, seconded by Commissioner Gibson and passed and adopted by the following vote - AYES: REV. Gibson, Commissioner Plummer and Vice -Mayor Gordon. NOES: None. ABSENT: Commissioner Reboso and Mayor Ferre. 12. APPEAL OF ZONING BOARD GRANT OF IANPE ZO MARTIN E. DAVIS I' WAIVING SETBACK REQUIREMENTS - Z NJ Nit, /TH AVENUE Mr. Bob Davis: Madame Vice -Mayor, this is an appeal by Mrs. Athina Caralis of a Zoning Board decision to grant a variance. I don't know whether Mrs. Caralis is here or not. UNIDENTIFIED SPEAKER: May it please the council, both she and her attorney are here as well as her daughter, Pat Caralis who... Mr. Plummer: What side are you on, Counsel? UNIDENTIFIED SPEAKER: The appellant side. Mr. Plummer: I'm sorry, what's the appellant side? UNIDENTIFIED SPEAKER: We're appealing the granting of the on September 15th. Mr. Plummer: That's what I thought. resolution by the board Mr. Davis: They're asking you to reverse the board's decision. Mr. Plummer: Counsel, you know to do that it's going to take a 4-1 voteI.r Mrs, Gordon: No, J. L, we've changed one of the ordinances. Mr. Pl4M er: Is that the majority of those sitting or what? Mks. Got oht t guess you'd need a majority of what's sitting. tlUMMet: t don't are Do you want it to be heard today or hot? UNIDENTIFIED SPEAKER: Well, let's have a point of information. It's sty under" Standing that I just need to carry with the majority of those sitting. tf:► not going to go through an argument that's futile if t need a majority of 5 coiis= sioners. Mr. Plummer: That would be 3. Mrs. Gordon: You'd need a unanimous decision of these three. Mr. Plummer: You've got to have all the noses up here. UNIDENTIFIED SPEAKER: I'm going to defer until another tine in spite of the age of my client and in spite of the fact that.... Mr. Plummer: What's wrong with the age of your client? UNIDENTIFIED SPEAKER: She has some broken ribs, she had them back on September 13th and she's still recuperating from that. Besides that, her daughter has a right to be heard and she's part owner of the effected property, Lot 19 and she's an intern at Jackson Memorial Hospital. I realize your problems... Mrs. Gordon: Do you want us to hear this? We're willing, you know. It's your decision. UNIDENTIFIED SPEAKER: I think it's an undue burden for my client to have to go for a unanimous vote .... Mr. Plummer: We can't change that. UNIDENTIFIED SPEAKEP: I understand that. I'm going to defer. My fee isn't going to go up any higher because I've been here for over 31 hours waiting to be heard. I'm willing to come back at another time and go with a larger... Mr. Plummer: See you on the 17th, move to defer at the request of the applicant. Thereupon on motion of Commissioner Plummer, seconded by Commissioner Gibson the item was deferred until November 17th by the following vote - AYES: Commissioner Plummer, Commissioner Gibson and Vice -Mayor Gordon. NOES: None. ABSENT: Commissioner Reboso and Mayor Ferre. ADJOURNMENT: THERE BEING GNWASFURTHER ADJOURNEDIATS�;L� COME BEFORE THE CITY COMMISSION THE MEETINV.M. Roo a Gondon VICh-MAYOR ATTEST: Ratph G. OngLe CITY CLERK Ma.t.ty H LnaZ ASSISTANT CITY CLERK CITY DF IVL!AMI DOCUMENT INDEX MEETING DATE: October 27, 1976 ITEM NO 1 2 3 4 5 6 7 8 DOCUMENT IDENTIFICATION COMMISSION AGENDA AND CITY CLERK REPORT GRANTING A ONE YEAR EXTENSION OF THE CONDITION AL USE GRANTED ON THE PROPERTY AT 1320 NORTH BAYSHORE DRIVE BY ZONING BOARD RESOLUTION NO. ZB 47-76 GRANTING A ONE YEAR EXTENSION OF THE CONDI- TIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XX, SECTION 1(4) (d) TO PERMIT MEAT PROCESSING ON LOTS 23 THROUGH 27, BLOCK 1 RESUB OF JEFFERSON PARK. GRANTING A ONE YEAR EXTENSION OF THE CONDI- TIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE VII, SECTION 1 (6-B) (a), TO PERMIT CONSTRUCTION OF TOWNHOUSE DEVELOPMENT ON N90' OF TRACT B-1, REVISED PLAT OF LE BOCAGE. GRANTING PERMISSION TO FILL SUBMERGED LAND LYING BETWEEN THE CURRENT PROPERTY LINES AND THE BULKHEAD LINE OF LOTS 46 THROUGH 50, BLOC "B", FLAGLER MARY BRICKELL. DECLARING SOUTH MIAMI AVENUE FROM S.E. 15TH ROAD TO ALATKA STREET WITH A WIDTH AS FOLLOWS DECLARING SOUTH BAYSHORE DRIVE FROM ALATKA STREET TO S.W. 27 AVENUE IN THE COCONUT GROVE AREA OF MIAMI AS A SCENIC TRANSPORTATION CORRIDOR DECLARING MAIN EIIGHWAY FROM FRANKLIN AVENUE TO DOUGLAS ROAD COMMISSION ACTION R-76-949 R-76-950 R-76-951 R-76-945 R-76-955 R-76-956 RETRIEVAL CODE NO. 0013 76-949 76-950 76-951 0014 76-954 76-955 76-956 MEMMEft MEMEME MEMMEN mmisommi ffigti