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HomeMy WebLinkAboutO-083265 6 7 8 9 10 11 12 13 14 15 16 17 18 19. 20 21 22 23 24 25 26' 27 28 29, 30 31 32 33 8326 0RbINANCE N0,.. , .. AN'0111DINANC8 AMENDING .ORDINANCE NO. 6871, TIIE COMPR 8tNSIVE `ZONING ORnINANCE FOR T1 E Ci''Y..01+' MIAMI, by CHANGING TI1L zONING,C1 SSIFICAT10N; FOR LOTS, . 8 AND 9 , 1±LOCK "G" AND LOTS 8 AND ' 9 i BLOCK "t ", 811tcRELL, HAMMOCK UNIT #1: EXT (7-87) , LOCATEb AT A475' BRICKEI,L' AV1 NUE, AND TWO VACANT .LOTS -SOUTHEASTERLY ACROSS .SOUTHEAST . rWENTY-., 'FIFTt-1 ROAD, PROM R-3 (LOw DFNSiTY MULTIPLE) - TO 1t-SA (HIGH I)ENSIT? MU1.;TIPLI,)' AND DY t4AICING TH8 NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A DART.OF THE'SAID ORDINANCE NO. 6871, BY.REFERt3NCE'AND DESCRIPTION IN ARTICLE III, SBCTION 2.THEREOF;.BY REPEALING ALL OPDINANCES,.. CODE SECTIONS, OR PARTS THEREOF IN CO1 FLICT; AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the City of Miami Zoning Board at its meeting of September 9, 1974, Item #8, following an a ver- tized hearing, adopted Resolution No. ZB 142-74 by a seven. to zero vote reeommonding a 01,1 ge of,,zoning classification` as hereinafter set forth; anft WHEREAS, it is deemed advisable in the best int.7r- est of the general welfare of the City of Miamiand its in- habitants to grant a change in zoning classification, as here- inafter set forth; NOW, THEREFORE,' BE IT ORDAINED BY THE COMMISSION 'OF THE CITY OF MIAMI, FLORIDA Section 1. That Ordinance No. 6871, the Compre- hensive zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification of Lots 8.and 9, Block "G", and Lots 8 and 9, Block "H", Hrickell Hammock Unit'#1 Ext. (7-87) , 2475 i3rickell Avenue citl;l? var •:.it1#: 1Ht. �t 11-" 3 (I1ow 11o•zp1I; i t '; i4u I l i ' n (Hi=111 i; 1 `i;': lr ?(');1l,. 1't51 I i and #..F, ift:liE trltl 't.:# '' il''t'? ...,'1.. };•;;. l; i it 1 l; _ 1.t.)ltr!'i'# II'IclEY' Itlel(iU .a.•13ar'1.. i ti;y 4f:'llifl.tii <.`. t'I,a. 6E4"11 c3esCr pt:i.tTh i11' r,I l i t }: ;:i 1. + > ^:,•..:t.i.t,l; t.h(J.E�c>1,. llL'.rew t•.11, SFJC't i011 . 'i't':;f, :y'rlil s)i?' er1 C t' 1 1i, c t:)n Section or p r 1.s of la L rty Cor�.=ni'c3 t,.f.':.t:hi.� ri i.tla.'rc. to In.. LInC'011:3L1ml 1.t;hGi.1 ft:ttrc:Y':''t or ,irlvali.diLy F11: fV i Ordinafl'O; trid Oi t.I1" -.tir1 is; E1:11, f)c:t.ober in oont.1ict' .1 .1 i11;5'71:; - reasC)1t 11c: or void • lr1=: 1 o1:et) �;1tc�11 }1() Wing to remaining I)o ti rain of this ed l.Q hayE? hi:r:m s lilt'1r'`t: Ll3 ONLY 'tic, patt tri nc.. .'c.} to J.0 tit NAS SI•;i) AND ADOUTEL ON AND V1 'AX., itl;tililj41; 13Y - 7 at E ONLY : thi.y____�._... !lay 01 ATTEST: H.U. SOUTHERN cart CLERK, November MAURI CE A P I RIU MAYOR M1AM1 REVIEW Al b BAtL% fi€ceitiB :.. • Pub hiag batty I*ceps Safuritio, &Milo' and Loot ftolidoi Mi' W; hrtde toithiy, F7iriirin. biA't% t't.ohtoA toift t.6F ii oF, bAbE: betote the "ithtfer*igned, Authority per*onatiy Ito• beBYed Mafthr; brebnie. Who On ooth say* that th,i * the, V.P., Legal Ads of the Miami Review and, Deily Record. rs daffy (except Saturday, Sunday end Legal Holidays) 'newspaper; published at Miami in Dade County, Florida; that the attached ropy of adver• ' tisement. being a Legal Advertisement or (Notice In the matter 'of City cif Miami, 141orida MOO=.... Q.+..' 8 3 2 6 In the was published In Said he wspCourt. aper In the issues f ..................................... Affiant further says that the slid Miami Revier, and Daily Record is a newspaper published at bltarni, in Said Dade County. Florida, and that the slid news• paper has heretofore been continuously put:fished In said bade County, Florida, each day (except Saturday.' Sunday and Legal Holidays) and has been entered n=_ second class mail 'matter et the post office 1i. ,tiarn,. In said Dade County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neitherpaid not promised any person, firm or corporation any discount. rebalc. commission or refund for the purprso of securing this nrivertisem"nt rot public'tich in the said newspaper 13th (SEAL) My Cammissi r Swo Io and subs ibcd beru,e me till:. of.. �iovember.:).�A. Jahot a Pubtit: Stetts'ut clotda at La:gr, o xt inaisL �tr,i;.15.)947 t ttfi'ttt MtAiiL t1►ttt; t'ttt,�� i'� i t.ti fi3A tt:tiAL'Nttt cix: Ail I"n'trt�lt�ri- too taut~: fietieb that en the nth daf ;'tit itfrttrm hef. 197t the ebiit'mt inii nt the C'tt3 nt �t#Izfmt. P inH)4i t5dnptod nit ordinnnre r±nittted— Aft' t7itfitNA Ci; AMkNI - tNd OttdtNANC8':v0.. MIL • `i't t: COMt'ttE:Fti:�igtVF: ryONTNt�Ottt)INANCK • THE tett OP 'NttAMf. Rl" C[#ANCTNrI.,TttF: VONIN(:' CLASSt1 1CATtOsi .. " F„O [t LOTS S., AND 9. t3LOCK „0" ANt) LOTS s -ANt) D. .t3LOCt{ . " tt t;RtCKt:Lt, ttAMMMOCk KXT . 0.437).i.00ATt•'i) • AT' 24t5' ' Itittekt:LL'.r11-,ENUt:. Aktt TWO VACAN-LOTS SOtiTtiPAST t;RLI`; ACROSS'. SCiLt1IEAS'r. r W 1 T iV, ,IFTit ROAD 'ttO1t n- f LOW hF:XStTY MULTtx PLt:) TO it -+A (MOH DEN, CITY MUt,':tPL F.) AND 131 ' 1tAkt ct -THP. NF:CFSSAttV CHANCES iX Tit(. 'LONt;•C1 DISTRICT M.\t'. 1tAbt: A PART OP `FiFE: SAIDOP.t)i NANCE NO. 6R7t. HY 111i:NcF1 ANf),. 1)t:SCRtr- . THIN 1N' ART1CI.t: tit. . SE:t"'CN)N 2:THEREOE; : C3l' iwitt:At.INr; ALL Ot?ht :t;.\NC!•:S, COTE SI:CTtoNS. Ott ('ARTS '1'14t•'RF:UF' Is:' (•o t iCT: AND CO:;TAiN- . IN( A :vEtL t3lL1Tt ' whi..,h ter designated Ordinance. i1. 1). SOtiT11ERN crr'i C'I_EEE CITY OF, ML\\II. ptihlir•ntinn of thi? nutlet, r,tt Iir- 13th' dayi.f' Nen-Mi :T. 1974. 11°13•\t .314ik6 L 'riG t 1.* Ali inLetested Will take hctiee that On 'the 7t1% tote Litt daY OP t110'011 r, t974 i 0-1e Coroib t 1 of t Miattti, r1orida adkj ted - an ordih&Ice ent .t1Cct -AN ORDINANCE wisDlt1GORDIN tCE NO. 671, tr nn CO2!1PREIILNSIVE BONING ORDENA CE FOR THE CITY , O1 MIAMI BY CHANGING . THE zONINO CLASSIFICATION FOR LOTS . 8 AND 9, BLOCK " G" AND LOTS 0 At'D 9 , BLOCK "1V , i3RICIIEL,L _HAMMOCK UNIT. 4-1 EXT. (7-87) ,,. LOCATED Al' 2475 fRICKELL ' AVENU , AND TWO VACANT T SS SOUTHEAST T►�JEi3T`i'�- ,LOTS SOUTHEASTERLY ACROSS FIFTH ROAD, FROM R-3 (LOW DENSITY. MULTIPLE) TO. R-5A (HIGH .DENSITY MULTIPLE)• AND BY MARINO THE. NECESSARY Cf 2\NGES IN THE-_ WI:INO.-DISTRICT MAP, t1PDE A PART OF THESAID ID ORDINANCE NO; 6871, I3Y REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION ' 2 THEREOF; BY REPEALING.ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF, IN CONFLICT; Ai;D ' CONTAINING: A SEVERAI3ILITY PROVISION. which is designated. Ordinance No. 8326. H.D. SOUTIIE?N CITY CLERK CLTY OF MIAMMI , FLOP.IDA Honorable City Attention: M. City of Miami,. • Commission P, W, Andreas Florida Re: june 201 1974 CHANGE . OF ZONING j RECOMMENDED 2561 S, W. 27th Lane Lots l and 2," Block 1 SILVER BLUFF BUSINESS CENTER (14,-76) Applicant: Robert Lee Dykes Gentlemen: The Miami Zoning Board, at its meeting of June 17, 1974, Item #8, following an advertised Hearing, adopted Resolution No. ZB 95--74 by a 4 to 3 vote recommending Change of Zoning Classification for Lots 1 and 2, Block 1, SILVER BLUFF BUSINESS CENTER (14-76), loca- ted at 2561 S. W. 27th Lane, from R-1 (One Family). to R-CA (Resi- dential Office). One objection was received in the mail. An ORDINANCE to provide for this Change of Zoning has been pre- pared by the City Attorney's Office and, submitted for consideration of the City Commission. Sincerely,. David Simpson, Jr. Executive Secretary Miami Planning and Zoning Board. in Z. M. 43 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "DENIAL". 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 MEA/cs 9/25/14 '7 4 Ott r {i ORDINANCE Nos ..__ g _ _ AN ORDINANCE AMENDING O iDINANC8 NO. 68710 THE, COMPREI#ENtiVE ZONING ORDINANCE FOR Ti E CITY of MIAMI, BY CAANdING THE ZONING CLASSIFICATION POR LOTS 8 AND 9, BLOCR "G" AND LOTS 8 AND 9, Bt 0CIL "H" , BRICRELL HAMMOCR UNIT #i EXT (7=87) , LOCATED AT 2475 BRIC:KELL AVENUE, AND TWO VACANT LOTS 8OUT88ASTERLY ACROSS SOUTR8AST TWENTY- FIFTH ROAD, FROM R-3 (LOW DENSITY MULTIPLE). TOR -SA (HIGH DENSITY MULTIPLE) AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF THE SAID ORDINANCE MO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF. IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION. WHEREAS, the. City of Miami Zoning Board at its. meeting of September 9, 1974, Item #8,`following an adver tized hearing, adopted Resolution No. ZB 142-74 by a seven to zero vote, recommending,a changeof zoning classification as hereinafter set forth; and WHEREAS, it is deemed advisable in the best inter- est of the general welfare of the City of Miami and its in- habitants to grant a change in zoning classification, as here- inafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Compre- hensive Zoning Ordinance for the City of Miami, be and the by same is herebyamended changing the zoning classification of Lots 8 and 9, Block "G", and Lots 8 and 9, Block "H", Brickell Hammock Unit #1 Ext. (7-87), 2475 Brickell Avenue CITY COMMISSION MEETING OF OCT 1p1971 prim al h'ElpIr tNO,..,'„ ,,,r* Ana R . .,,,.,i,,, 1 4 5 6 7 8 9 10 11 12. 13 14 18 '. 19 20 21 22 23 24 25 26 .27 28 29 30 31 32 33 34 35 36 dhd Vaeaht lots southeasterly across g.g. 25th toad, from` 11-3 (tow. behsity Multiple) to 1t5A (High behsity Multiple) and . by Makihc the necessary chances in the tohing district map made a part of said Ordinance No. 66/1 by reference and description in Article III, section 2 thereof. Section 2. That all laws or parts of laws.in conflict herewith, be and the same are hereby tepealed insofar as they are in conflict. Section 3. If any section, sentence, clause, phrase, or word ofthis Ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of, this. Ordinance; and it shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconstitutional, invalid, or inoperative part. therein: and the remainder of this Ordinance, after the ex- clusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING BY TITLE ONLY this 1OTH day of OCTOBER , 1974. PASSED AND ADOPTED ON SECOND AND ,FINAL READING BY TITLE ONLY this 7 day of /► V' 1974.' ATTEST: CITY, CLERK PREPARED AND APPROVED BY: . n P•:, ;�.� MICHEL EA ANDERSON, Assistant City Attorney MAYOR APPROVEDF0 AND CORRECTNESS: , LLOYD, City Atto 1bhbrable City Doti issiiin Attetttiph. Mt. P. W. Andrews City of Miami, Florida Re CHAtiat OI ZON/M ,RECOMMENDEb '2475 Brickell AVehue and two Vacant lots SE'ly across Sete' 25th fond Lots 8 & 9, Block"G", and Lots8 & 9, ` B1ock''H", BRICKELL HAMMOCK UNIT #1 EXT Applicant: Fenix Construction Corp. Gentlemen: The Miami Zoning Board, at its meeting of September 9, 1974, Item #8, following an advertised Hearing, adopted Resolution No. ZB 142-74 by s 7 to 0 vote recommending Change, of Toning Classification on Lots. 8 & 9, Block "G", and Lots 8 & 9, Block "H", BRICKELL HAMMOCH UNIT #1 EXT (7-87), located at 2475 Brickell Avenue and two vacant lots southeasterly across S.E. 25th Road, from R-3 (Low Density Multiple) to R-5A (High Density Multiple). One objection was received in the mail. An ORDINANCE to provide for this Change of Zoning has been prepared by the City Attorney's office and submitted for consideration of the City Commission. Sincerely, David Simpso , Jr I Director Department of Administration Planning and Zoning Boards cm Z. M. 37 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". Tentative City Commission Date: October 10, 1974. 2475 BRICKELL AVF; Ot ; t m wwG T. too'TS_, :iLa Ad oSS 'r4 cJ ROAD ...._. ��� ir? �� S. E. 25TH y Lots �{ .i� �y }y a it ' and Lots t3 ahc 'e , bleidk 'itt" 0 Lots 8 and 9 ► Bloc:c G ► SRICKELL tIP 1MOCK tfNlata 41 KXT t 7. ft 1 g Change of 2onihq Classification Oh above btOpertiea f rein R--1 (trw DehOity Multiple) to R- 5t\ (ttith benSitY 4ultihld) , Secretary filed proof of publication of Legal Notice of Hearing, and administered oath to all persons tc ttifyinq at this hearing. PLAT NING DtPARTMi NT RECC.`1MENB TtON : "APPROVAL" The. Department study of the I3i•icke 1 Avenue Ai6-6 in.1970 resulted in recommendations to rezone the subject properties from R-3 to R-5A. nr. Mean: Staff? :ir, Dooney: Mr; Chairman. In 1970► the Planning Department reoue5terl this Board to . .. . the recommendations on tr , Brickell Wr nuc 7:re:." The property in question tonight, in whica a request Cr l' change of zoning from R-3 to R-5\ has been reviewers, they are in accordance with our recommendations in 1070,they are in accord- ance with the Board's motion at that time, and were held at the Com- mission level. Tonight, the applicants are requesting a change on their own init:iativr=,-we have evaluated the application, and maintain our recom- mendation •t. that time. We are recommending approval of the applica- tion for change of zoning. Ir.. Dean: All right, sir, state your name and address for the Psr-cord. 10i s rz T� ciro: My name is Antonio Teijeiro, the address is 4500 , .tQet:. Can you hear me? That is 4500 S. J. 7th Street, and ; Antonio Teijeiro. an: All right► , sir? ve : My name is George Love, I am a Consulting Engineer, 0; '1)1c c;cl by 'ir: Teijeiro. ~T~ . Dean; Are you the owner of the property? ,�. Toi jeiro: Yes, sir. r, ncan A11 right. You have heard the Staff's recommendation? tr. Toi.jr!irot To be honest with you, I didn't realize, and I ticlri't ho r what he said. !.ilan: He said they are in favor, they are approving the application. Mr. Teijeiro: Fine. :Ir. Dean: All right, do you have anything to say? Teijeiro: Just to give you my thanks. Ars. Hanna: May I ask a question, please, sir? There is a road a;oinq through the two pieces of property. What' is planned I mean, how is that going to be utilized? rtr, 'reijuiro: We have the floor plans here, in case you want to 'sire tI:ein As separate sites„ Mr. ,\ifonso: l have a question from the Department, , ma n . :Ir. Jean: Is there any opposition? people questioned, r from their seats in the audience.) (Three !4r. Chair- -29- Oeptember 9 , 1974 Item # s DO6hW 'this M;attet Was tdferietl to this Board ih 1,061 It WAS the i?lahhihq De'par'tteht's teoo Mefdatioh to re26 ie thesd tWo properties to tt=5A. This bOatd aplirOVed that red6ffiMe tclati6h, ih 1 7t) The redohimetidatiohS Were sub fitted to the City CoMifiissioti, Ahd action Was defetted.at that tithe: This Was a blanket toning recommendation, oti the Routh Side Of I3ricke ll , Avenue, for I1i57. AOhing • #tr. Dean: Okay, now in order tO satisfy these ieople, *.:iould you mind telling us, what you Want to put there'? Mr. Love: This is a •)roject, eleven Stories, and it Will :pit in the middle of a tract of land, which starts at nrickell Avenue, and runs four hundred feet towards the hay. The building will sit auprodcimately in the middle. The lots that are recn.testing tetonincl will have no structure on them, at all, as seen by this perspective.. With your permission, I, will snow this to you, and then, to these people here.' firs. iiasila: I 'live down the street, I want to know what's going on. Mr.' Alfonso: How many units?. Mr. Lover Eighty-seven units. Mr. Alfonso: How many? Eighty-seven? nr.'Silverman: iiow many lots do you'have, total? *1r. Love: I think it's four lots, , yes . PJo,. six lots, sorry. Mr. Silverman: Show it to the neighbors. Mrs. Basila: now, sir? 1r. Love: It is on the other corner, on the east side, yes. 'tr. Simpson: The chancre in zoning includes the property cohere. the r4rickel.l Inn is. This proposal is on the Southeasterly side. Mrs. Basila: Fine. I know where I am now. Mr. Simpson: Between 25th, and the Flyover. firs. Basila: Fine, I understand that now. would like to know what is geeing on. Dean: All right, Tir. Simpson,. "Mr. Alfonso has I am anti s one of the sites where the i3rickell Inn, is :lr. Alfonso: From Mr. Dooney. The Department. r. Dean': Mr. Dooney, go ahead. I live in that area, a question. :lr. ,Alfonso: I want to know what is goingg to happen, on Lots 7, 6, both sides? If they come for a change of zoning, will the Department be in favor of that? To where, to what portion of ririckell is the Department in favor of the change of Zoning? lr, Dooney; All of the rest of the property on the South .tide of 13ri ckell Avenue is zoned R-5%1. Mr, ,Alfonso 'lr, Dooney; Mr, Alfonso: Mr, Pooney; •presently zoned, This will complete the entire area into tt-5A, yes, That doesn't mean across the street? no, it doe's not, liverything on the North Side is �3qr $eptemhcr 9, 1974 Item #8 R-r 3A, for recommendation . fb . R=- Ilk. *tr. Alfonso: nkay Mk. Dan.., Would you tnihti coming up tothe mite► if v'u wit to tAlk, and put your name ind addt=ess ihto the Redotd, bleaSe? Ht. Silverman: '1y question, sir, ie, hoW tnahy t9.3rkind snacee do you have? Mt. Love: We have the required dumber of shades. ping 1 nicht add, that this building has a very tihusiial feature, which is the thine that .lose Hilton did, across the .street, at erickell TWehty- `iVe, We have all of our parking concealed, and below grade. There will be no parking vieible, for : our tenants, he have adequate perking, in accord- ance with the requirements, on the Around floor, which would be in effect:, the basement. We are able to do that, because the average heir:ht of that land is around eightaen or nineteen feet, tn'i we can have a very Mice underground parking garage. Vith eccess, not on erickell, lout on 25th Road. 'tr.Dean: A11 right, wir, now if that concludes your presenta- tion r we i.11 go to the opposition. *la:. . elcor: by name is Oscar relcor, I am the President of Brickei.l Twenty -Five Condominium Association, a unit of 37aoartments. I h.?vo spoken to most of the people " in that condominium, and they have indicated and told me that I am authorized to speak for them, in opposition to the change. of : this zoning. eIona other things that was presented to me by the unit owners at l3ri .':" '_ 1 'Twenty -rive," is that when they purchased into that condo - mini ue s thee had questioned the, uses of the property around , it, and they ``er^ aware of the current zoning. And, if a change of zoning comes nne , which is like three years, after they purchased the prop- erty, ; t:.' , been stated in number of cases, that have come before the Courts, t:h't: prospective purchasers of property would have little con- fidence in nominal standards ancl, would hesitate to purchase in the zoned aria where the zoning meant little in view of arbitrary free and easy grants of variances and changes in zoning. ,step, these' people bought these units, knowing the current zoning, and expecting it to remain that tray. And without having ary indication other, than what the Board gives, or the technicians representing indicate that they are in favor of the change of zoning. `I'hi. s isn't quite clear to the people who have purchased property. Now, in the same 25th load, there are two other apartment houses, they're both rentals, and all these three, the condominium, . and the two other apartment houses, are very nice buildings, and they all have underground parking. And the law of average parkins underground and above ground is at least a hundred and fifty per cent of the number of units in any one building. Which is to say that each apartment ha', ene and one-half spaces of either undergrounds or above parking, not using the street. you should go down 25th Road. most any eveninct, you'll find that the cars are parked on the lawns, and at the end of 75th Road, there is a wide turnaround, which is needed for ambulances and fire trucks, and there is " parking there, and the police do come down and regularly put tickets on them, but they block up the emergency exits. Clow, the gentleman states th,et they arty going to have plenty of underground parking, this is fine, But the parking, right now, is over- burdened. And eighty-seven units more, regardless of how many they have underground, they're going to have guests, and as had been indicated three and four cars, it can be a tremencdous, overburdening of the facilities there. Plus the fact that there are other apartments going up on i3ricke3.1 lVenuie r -31- September 1974 Item to biit, 1 must . cone back to the tit5iht that the rihit otahet§ told me that when they purchased these properties, they didn't ekOect the change of toning like that. And We don't feel that it quite fair for the .oninq cotfissioh to arbitrarily sad , 'Weal, they've bought this property, and nett they aiaht to uniform ti:e toning', but this is after the fact. thank you, very much. t•tr. beans A11 right, 6ii dustmoment. Staff? you had better go back to the brickell Avenue study, back in 1170, when we all had Staff to go through there, And come up with the i rickeli Avenue Study, that tar. Silverman is so hard on during that time, trying to unify the Zoning oh all, oh both aides of the street, Ahd 1 think you've got to dwell on that a little bit, Where they can understand what vote meant, when you were talking, about back to 197o. Dooneyt If I might, in 1969 and prior, the board requostecl the planning Department to undertake, a study of the brickell Avenue Area) from the . Miami River down to S . W. 26th (toad. For a period of approximately. one year, the Staff involved itself in a study of this area. In . 1970, tie - with the public hearing process, provided our recommendations to tl. Zoning. Board, of which of the people that were on that board are presently hero, tonight. The plan for the South i3rickell Avenue Area callc-:i for rezoning of everything on the. South Side of Rrickell Avenue to t,-5A, and on the North Fide, to R-3A. The recommendation was presented to the Hoard, the recommendation was based upon Traffic Studies from the Department of Transportation, of Metropolitan Dade County; on the part of our own Public Works Depart- ment. We looked at the factors of community facilities and services, that would be able to accommodate this kind of a development, in all cases, it was determined that our recommendations were innronriate. This Board, at that tine, accepted our recommendations, ant motioned that approval be granted on a plan for tt-5A z,ming on the South Side of I3rickell Avenue, on which these two properties are a part of, and R-3A zoning on the Uorth Side. It was submitted to the City Commission, and the City Commission took partial action upon that zoning recommendation. The matter still stands at Commission level, as far as we understand it. Even the applicants are before us as individual property owners, requesting the change in zoning. We find that the change is in accord with the plan. The plan is not arbitrary, it's not capricious, rind have the opportunity to be presented to the public, we feel that it is a good plan, and we are recommending approval tonight, on the application before us. t4r. Dean: Sir, did that sorta explain a little more to you? Come up to the mike, please. Felcor: Yes, I understood that, the first time, and he repeated it. But I also then have the opportunity, I guess, to repeat that I represent thirty-seven property owners, net rentals. Is this going to he a condominium, or a rental? I don't ow. Mr. Love: A condominium. Mr. Felcor: As the representation, as the representative of; these thirty-seven unit owners, I wish to reiterate that I am stronclr. opposed, for each of these unit owners to the change, because 1 belive that it is arbitrary. These people bought these properties, with the understanding that t'te zoning was going to remain that way, and it's an arbitrary change. fir. Dean: But I think the first thing I want you to get clear, is that that part of the properties was not changed, and it still sets at the Commission level, Now, this would either have the Com- mission take position on it at that level., So, one way or another, you know that that parcel of prouery is going to remain, or be uniform according to plan. September 9, 1974 Item '# !At. relcor: t jUst hope that My otiiedtioht as a of these people will be heardby. 'clw cot*viissiehs Mr. Mean: It Will, yeti will receive t`ie sattie Mr. Fe lcor : Thank you, Is those somethinci you wish to say, sirs Mr. Love: Mr. Mean, with your Permission, I t,ioula like to rebut a few of the remarks. First, 1 might point out that I. livel oh 25th Road ail during the time that these buildings that he speaks about, Was tinder consttud tion. I lived at- 130 S. 1 ..25th qoacl, for many years, and that property is on nook 5, and Evart of 4, of 8lock 11. `21y property adjoins Viscaya Towers. I was the engineer of ttecctrcl for Viscaya Towers, and I'm well aware of the parking problem I, personally, have Called the toliceman several times, wher, people part:erl, and completely blocked my driveway, and it was the only Way I could get out. And I have had many Cars pulled away from my driveway. I am in complete agreement with every remark he ' made about parking. But, the toot cause of this narking is the fact that S. S. 25th Road, let's face it, is a placeforaffluent people. Many, many of them have two cars,: and quite a few have three. And, there's not space available, for example, in Viscaya Towers, to take all of the cars. The extra cars of any particular renter, or owner, for that matter, in the case of Brickell Twenty -Five, they park in the streets. And anytime anybody throws a party, they park in the median strip, anti the Policemen look the other way, because the parking is very, . very tight, in than. area • `ur, project, and I' might point- out, if Viscaya Towers .1,1:, ; har eal f et the cars exposed, I3rickell Twenty -rive is also t} r Bay Towers at the end has tnore than half of their cars nepoe d , or, -! eet a few of theme are concealed in a smai . underground lot, t'k n different approach here, because we're .!ronting on Bt i,*el , .we ,- mccaled all of , the parking, every bit of the parking is c'.rnecalcd f:rtom view, and the only time you' 11 see anythingon the surface ..T l.r:e ine and unloading, and the trash trucks, and that's about i.i.. we th i nr: that we have a very fine approach to the problem, and we're bound to this design, and we - we are certainly in accord with the recommendations of the Staff. Thank you. J!l.l.nl'. Thank you very much. :111 right, we will close the public. tearing portion of the meeting, and have discussion among Board ..h'mbers . fir. Silverman? Silverman: 'Ir.. Ch.-airman. I was on the Board during the period of time that this area was studied, it was studied in great crreat 1ept'1 , over many, many months. The problem . was not with the Study, the problem was that the developers were not happy with the Study, they were unhappy with the rezoning, and as each projectcame. in, they requested variances. Now, these people that have lived here, live in the condominiums were not there, but the developer that built that building came in for variances, and the other developers came in for variances, and the variances from the zoning Ordinance were nrantctcl. And that's why we have problems over there. It wasn't that the i,-5A eoning was improper. The Problem was: that variances from the Ordinance ',ere granted. :Jow, the ,applicant this evening, all he is asking for is the same zoning as everybody else. There is nothing wreee with that. Ile's not a ►kinu for any variances, He's willing to build under the Ordinance, whci.h is a lot more than we could say for lir, 'Milton, end some of the other developers Mr, Iloilo regue.sted variances, I rememberthat, Mr, Milton had variances, 1 thin!;, almost every building or. 25th Road was ;built with a variance, And T. was strongly opposed to the .variances, T was not opposed to the rezoning, l don't thin14 that there is anything -33- S ,Member 9, 1974 Item #8 Mr ret3 `rdo 1ta iVu sot^t of A tii tied. „,- �.tiii wrong with the uniforiti -5�1 euotl] T1tj ► 1 think that, A tithber� ioW, to deny this application, What elleryoody else has, i teallrI think is unfair. t ati its favor of the ap ilidatiiiti: ,end I ate ih favor of the Staff redbtntnehdatibh. Mr, tort: ,'take your 'notion. tr. Dean: A'111 right? 7+ts. Va.-,i1a: I just Want to ask a question, just to clarify itt my mind. I un not opposed to the toning, at stime, either. ica And t1Il�j':'r:itaP'l very' well what you're saying, Jerry. jUst want to understand at the very beginning,. I said we have ' two pieces of property, with a road in the middle, What are we talkinci about? These two applications coming in under one - what it; that? '.1r. Simpson,: it's under separate ownership, ln, order to unify the zoni.no on the easterly side” of I;rickell Avenue - f3a� i i 3 Well, , thisis what I. want to understand. st F itn:s4on: The two properties, the two or three property • :ner';' have joi.nec1 t:ogether in one application, for the R-5t ._ The it,a;:t*r -kre not attached in any way. :.1rs. ieyila: believe ine, sir, it is confusing,' until it is thank you. All right, the Chair is ready for a motion. Johnson: I will move. 7rrlrt All right, Reverend Johnson moves. L m n: Second. i-1 :_ Seconded by Mr. Jerry Silverman. Under discussion? ,� r+ 7I1,_; ;.,;tb,°:,<two ask a question, would you come right over? ':;;;y;tp+ltt: In 1970, when this Study was made 'r, n4.n:i: {,-33-ve your name and address, please. hontp on: 'ty name is Thompson, Kenneth R., 144 S. E. 25.th Road, Aild+r t:Ment 8'32. y And I, along with Ir. Felcor, I am Treasurer of the I4ric}'ail Twenty -Five :association. in 1)70, when this Study was made, all of Dade County was under Stud,, ,at t:,h.?. time, T beleivn. The traffic, and the number of units owned, wore entirely different. lun I correct? Mr. fcan : ' lr . Simpson? Mr. Silverman: Special Study for 13rickell. Mr. Thompson: Well, these Special Studies, was this meant that you aou11 put high density - in other words, we have thirty-seven families, in cappr.oximately this same space, that this particular vari- ance is for eighty-seven families. 9r. Silverman This is not a variance. It is a change of zoning. Mr. Thompson: it's .a change of zoning, but now you.. can load into, a certain area so much, like that monstority that's up the street from us, but: it's on the North Side, You know, solid concrete. If that's what we want, that's what we'll get. But, I can't see how .we're" going to be able to fix, not the parking, but the entrance to an ` from this particular property, as well as all of our properties, to handle the traffic i•n and out, expecially et seven and eight o' ciocl; in the morning, and the normal hours at night. -34- September 9, 1974 Item 10 Ate Alfohst t ' if t may, '•1t. dhaif'Manl Let die ac dte§s thig htlemah. Mott li*e hOW in the 11-5 tohing, that is where you live h' w, You ate afta:.d that o i & opposed to five th high tile toning, it does not ailoW to pu+t a Single family, but you ate iivihcf ill thisis there you are, living tibia* YOU have tr live Where you bought, you bought a condbMitlittt there, that's the ionint4 theta, Ra,54 mr. Thompson With good tilahninrfi, do you have to have one big concrete monster after another Mr. "Llfonsa. That is the toning nova. Mr. Thompson: I think there should be some Mastet Ptah for Esthetic Qualities, as well, or, isn't that a part of the American Way of Life any. more? Is everything commercial? In other words, first in, last out? Mr. Silverman: All you're saying is, that the developer of your building ► and the developer,: along 25th Road didn't do such a hot job, that they overbuilt on the land. And I. agree '4ith everything that you say! I voted against all of those variances, avery single one that came along, on 25th Road.. The fact of life is, they were approved, and the buildings are up, and your developer, and Mr. Rollo, and a coupld of others, all built with variances. This man is not asking to vary from the law. This is not a variance. All he is saying is, 'give me the same zoning as Everybody else on Drickell Avenue has, don't give me any more, don't give me anything less, I just want the same zoning, I am not asking you to vary from it, I am not asking to build more units than permitted', which is what your developer did, 'I'm not asking to put a bigger building than I could, or, less parking than I could',which is what your developer did. lie says, 'I'll comply with the law. I am not asking ,to vary one bit.- Just give me the same zoning as that you have, and every-' :body -ease has.' I really don't think that he's asking for too much. ;:ow, if he came up, and said, 'I want to build more units.' �� Or, I want to. vary from the parking.' Then, I woula'he opposed to them, just as 1 was to Mr.. Tilton, and everybody else up anddown'25th But, as long as he's not asking to vary from the law, as long as he's willing to comply with the law, I can't he opposed to it. Felcor: Well, I - well, I 'ir. Dean: A11 right, just a moment. now, I just wanted to let him be heard. You may call the roll, 'lr. Simpson. ' tr. Simpson: The motion on Item 48 is to recommend. one objection was received in the mail. (Continued on Next Page) -35- September 9,'1974 Item.40 ReVetihc th 1ifisoh o`f fercia this foil WifitJ reSoiutio i f arid nicivoct its adoption! RE8oL ]`I ION RECoMENJ7IWP CHANdt Or 20N/Nd Cr,ASSIPICATION ON LOTS 8' 1M D 9, ELOCX "C," f AND LOTS 8 AND 9, 43tOCk "tt" , :t3R1CKCtL ttAttMfC1� UNIT #1. 1;XT I-87 , LOCATED AT 247 ERICRELL AVt L U1 , AND 2 VACANT LOTS, SOUTttEP STURLY ACROSS S. R. 25Ttl ROAD: i t1 tt--3 (Loci bEN8IT/ }•1UL IPLV,) ro 1t..5A,:, (t11Cf Dt NSITY MULTIPLE) Ripon being seconded by tars. Silverman, this refioiution wA passed anct adopted by the follo:,tinc vote: 1VYtS: Messrs. Alfonso, port, Johnson, ' Silverman, Dean. ' Mmes. Basiia, Callahan. NAYI;S : None. Mr. Simpson: Mr. Teijeiro: Unanimous. Thank you., 1.974 Item 43