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HomeMy WebLinkAboutO-08128o D1 NANCN NO.__ AN ORDINANCE AMENDIW1 ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CILASSIFICATION FOR LOTS 17 thru 29, AND LOTS 30 THRU 34 LESS E'LY 20', BLOCK 1, PLAINFIELD PARK (1!,-b1) , LOCATED AT APPROXIMATELY 815 N. W. 22nd Avenue, FROM C-1 (LOCAL COMMERCTAL) AND R-1 (ONE - FAMILY) TO R-4 (ME1)TUM DENSITY MULTIPLE) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MALE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the of Miami, at its meeting held on November 6, 1972, .,,used and adopted by a 9 to 0 vote its Resolution No. 245, recommending granting a change ir, zoning j i.sssification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the beat .rest of the general welfare of the City of Miami and inhabitants to grant a change in zoning classification ?,.?reinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION Alf.; CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Ordinance for the City of Miami, be and the same is rf:,:•.. ,_'y amended by changing the zoning classification for 17 thru 29, and Lots 30 thru 34 less E'ly 20', Block 1, k :.field Park (15-61) , located at approximately 815 N.W. 22nd Avenue, from C-1 (Local Commercial) and R-1 (One -Family) to }..4 (Medium Denaith Multiple); and by making the -1- necessary changes in the zoning district map made a part of said Ordinance No. in Article III, Section 2, Section 2. That 6871 by reference and description thereof. all laws, or parts of law, in conflict herewith, be alld the same are hereby repealed insofar as the above described land is involved. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinancis held invalid, the remainder of the Ordinance shall not :' cl affected. PASSED on first reading by title only thie 28th day of December , 1972. PASSED AND ADOPTED on second and final reading by title only this 11th day of January DAVID T. KENNEDY 1973. Attest: MAYOR H.D. SOUTHERN City Clerk H. D. SOUTH 1N, C?.er% of the CIO of Miami hereby CC,_.�}1l'y i'':' c:? i.::e ::30" 1:1,, c? A. D. /(1? / 3 i� a''�i 1. .i < t', �' �. !,'','i• I; i; &t0 G �...° .^'.�; ► Door c-' ..7:, provi?c :; r !said c(;:! i.. .City this iay Florida. of the t."ri Feuth .:'03 p :1ce iu official se 1 of said ltz== sue-+ A LC rk tt I .'ti oRDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 17 thru 29, AND LOTS 30 THRU 34 LESS E'LY 20', BLOCK 1, PLAINFIELD PARK (1')-61) , LOCATED AT APPROXIMATELY 815 N. W . 22nd Avenue, FROM C-1 (LOCAL COMMERCTAL) AND R-1 (ONE - FAMILY) TO R-4 (MEDrUM DENSITY MULTIPLE) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MA:.•E A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board GI the of Miami, at its meeting held on November 6, 1972, _;sled and adopted by a 9 to 0 vote its Resolution No. -245, recommending granting a change in zoning t::'. t. �sification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the best ,..rest of the general welfare of the City of Miami and inhabitants to grant a change in zoning classification hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION cHE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive 2a;_ir:; Ordinance for the City of Miami, be and the same is n:.. iy amended by changing the zoning classification for Z..; 17 thru 29, and Lots 30 thru 34 less E'ly 20', Block 1, rield Park (15-61), located at approximately 815 N.W. 22nd Avenue, from C-1 (Local Commercial) and R-1 (One -Family) to R-4 (Medium Denaith Multiple) ; and by making the -1- necessary changes in the zoning district map made a part of said Ordinance No. 6871 by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of law, in conflict herewith, be a►ld the same are hereby repealed insofar as the above described land is involved. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinanc , is held invalid, the remainder of the Ordinance shall not f e affected. PASSED on first reading by title only this 28th day of December , 1972. PASSED AND ADOPTED on second and final reading title only this llt2i day of January 1973. DAVID T. KENNEDY Attest: MAYOR H.D. SOUTHERN City Clerk w2.r MIAMI REViEW " AND DAILY RECORD Pabl hed Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared H. L. James, who on oath says that he is Vice•President of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertise• ment, being a Legal Advertisement or Notice in the matter of Adoption of Ordinance No, 8128 City of Miami, Florida lire.: Change sL.Zoning - P # II LD PAJRK, Located approx. 815 NW 22 Avenue, etc....................................• In the X X X Court, was published in said newspaper in the issues of January 161 1973 Afflant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the sald news- paper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered es second class mail matter at the post office in Miami, 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 he has neither paid nor promised any person, firm or corporation any discount, ? bate, commission or refund for the rpose of secu ng this advertisement for public n th ! ne spaper. Gr woEn�g f d subscribed before me this 16th day of January , A. D. 19 73 4 ,. ..,.1 Marjorie T. Smith, Notary Public, State of Florida at Lerge. (SEAL) My Commission expires September 1, 1973. ( II1'V nil MLtM!, -- DADE C'Or•NTV. FLORIDA LI:G.at. NOTICE All interet;ted will take notice that on the 11th day of Jentfar.•. 1973 the Commis -ion of the City of Miami, Florida adopted an ordinance entitled — AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE. CITY OF MIAMI. BY CHANGING THE ZONING CLASSIFICA- TION FOR LOTS 17 TART 29. AND LOTS 30 THRL 31 LESS E'LY 20', BLOCK 1, PLAIN - FIELD PARK (15-61) LOCATED 1T APPROXIMATELY 815 NW 22 AVENUE, FROM C-1 (LOCAL COMMERCIAL) ACID - -1 fm!m- FAMILY) ; TO R-4 (MEDIUM DENSITY , •, MULTIPLE) DIS- TRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6671 BY REFERENCE AND DESCRIP- TION IN ARTICLE III, SEC - 'PION 2 THEREOF, AND BY REPEALING ALL LAWS IN CONFLICT I-HEitEWITH which designated Ordinance No. 8128 II D SOUTHERN CITY CLERK ('ITY OF MIAMI, FLORIDA Puldiration ,d t1 is nnllce nn the 16th day of J• nu rr, Al No.. 111491 RHT/cc 11/30/72 ORDINANCE NO. Y/z? AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR LOTS 17 thru 29, AND LOTS 30 THRU 34 LESS E'LY 20', BLOCK 1, PLAINFIELD PARK (15-61), LOCATED AT APPROXIMATELY 815 N. W. 22nd Avenue, FROM C-1 (LOCAL COMMERCIAL) AND R-1 (ONE - FAMILY) TO R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on November 6, 1972, passed and adopted by a 9 to 0 vote its Resolution No. 72-245, recommending granting a change in zoning classification, as hereinafter set forth; and WHEREAS, it is deemed advisable in the best interest of the general welfare of the City of Miami and its inhabitants to grant a change in zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by changing the zoning classification for Lots 17 thru 29, and Lots 30 thru 34 less E'ly 20', Block 1, Plainfield Park (15-61), located at approximately 815 N.W. 22nd Avenue, from C-1 (Local Commercial) and R-1 (One -Family) to R-4 (Medium Densith Multiple); and by making the CITY COMMISSION ! S>ION 1 CITY CrJMMISSIOPJ i MEETING OF ! MEETING OF JAN 1 1 1973 DEC 2 81972 ."c{ liii.i!i4a .f f necessary changes in the zoning district map made a part of said Ordinance No, 6871 by reference and description in Article III, Section 2, thereof. Section 2. That all laws, or parts of law, in conflict herewith, be and the same are hereby repealed insofar as the above described land is involved. Section 3. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this Ordinance is held invalid, the remainder of the Ordinance shall not be affected. PASSED on first reading by title only this 241 day of "'��y It/'`''` , 1972. PASSED AND ADOPTED on second and final reading by title only this PREPARED AND APPROVED BY: REVIEWED BY: Id • /'s% d r9!//D 7.---# ,410(/6 MAYOR , 193. 4 4: �rvC . R. Harri T rner Assistant City Attorney John S. Lloyd / Assistant Director of Law APPROVED AS TO/FORWApip. CORRECTNESS: / Alan H. Rothstein City Attorney '1 U e O_ U R T ES Y NOTICE NOTICE TO OWNERS OF REAL ESTATE IN THE VICINITY OF APPROXIMATELY 815 N. W. 22ND AVENUE, MIAMI, FLORIDA The Miami City Commission, at its meeting of THURSDAY, December 28, 1972, at 11:00 A. M., in CITY HALL, 3500 lan American Drive, Dinner Key, Miami, Florida, will consider the following: Approx. 815 N. W. 22nd Avenue Lots 17 thru 29, and Lots 30 thru 34 less E'ly 20'; Block 1, PLAINFIELD PARK (15-61) Resolution recommending Change of Zoning Classification of the above described property from C-1 (Local Commercial) and R-1 (One Family) to R-4 (Medium Density Multiple). At its meeting of November 6, 1972, the Miami Planning Board adopted Resolution No. 72-245 by a 9 to 0 vote recommending the Change of Zoning. IMPORTANT The City Commission requests that PETITIONER be present or represented at this meeting; and all interested real estate owners are invited to expre:is their views. MIAMI PLANNING BOARD 12-20-72 cm eitu of Honorable City Commission Attention: Mr. M. L. Reese City of Miami, Florida Gentlemen: tacit, l triba November 13, 1972 Re: CHANGE OF ZONING - RECOMMENDED Approx. 815 N. W. 22nd Avenue Lots 17 thru 29, and Lots 30 thru 34 less E'ly 20', Block 1, PLAINFIELD PARK (15-61) Applicant: M. G. Bernstein The Miami Planning Board, at its meeting of November 6, 1972, Item #7, following an advertised Hearing, adopted Resolution No. 72-245 by a 9 to 0 vote recommending Change of Zoning Classification for Lots 17 thru 29, and Lots 30 thru 34 less E'ly 20', Block 1, PLAINFIELD PARK (15-61), located at approximately 815 N. W. 22nd Avenue, from C-1 (Local Commercial) and R-1 (One -Family) to R-4 (Medium Density Multiple). Their were over 20% objections. 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, (; . I 7 David Simpson, Jr. Executive Secretary Miami Planning & Zoning Board mm Z. M. 25 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". 7. APPROXIMATELY 815 N. W. 22ND AVENUE Lots 17 through 29, and Lots 30 through 34 less &asterlyn 20' , Block 1, PLAIIFIELD PARK (15-61) . Change of Zoning Classification of the above described property from C-1 (Local Commercial) and R-1 (One -Family) to R-4 (Medium Density Multiple). Secretary filed proof of publication of Legal Notice of Hearing, and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL" The applicant has met with the Department on several occasions in discussion of preliminary development plans for an apartment structure. The plans meet the Department's design recommendations including provisions for buffering the adjacent residential area from possible intrusions as a result of t..e proposed development, and the applicant is willing to covenant the land in accord with said plans. The files of Item #7 reflect over 20% objection. Mr. Davidson: Good evening Ladies and Gentlemen, my name is Eugene Davidson. I am a Zoning Consultant, representing the property owners, Mr. Pepe Corris and Mr. M. G. Bernstein, who own the property located in yellow on your map, on the board, - on the viewer. We have a piece of property here, which is zoned on the western portion of it, is zoned for C-1. C-1, as you know, permits apartr,leii•_ house units, with a much greater density than does an R-4 zoning. Mr. Alfonso: Mr. Davidson, do you want to wait a moment, until all of the other members of the Board will be present, please:' Mr. Davidson: All right, . . . I don't think we have a forum, do we? Mr. Alfonso: We have no Chairman, we have no Vice -Chairman. Now we Nave the Chairman. (Pause here, for Board Members to return to their seats following a break.) Mr. Davidson: I am in a rather peculiar position, here. Normally, . . , this is one of the most unusual things, typically, I have the Department on the other side of the fence. And, this evening, for the first time in all of the years I have been in zoning, I've got the Department on - with the recommendations of doing this, -- but - my clients have done, they went to the Department, and they tried to work out what good planning would be, and they came up with the suggestions of the Department, a C-1 use, changed to an R-4, reducing the density, changing the R-1, which, according, if you notice our blueprint here, that all of the parking would have been put on the R-1 lot, anyway. Where we have it set up. All of the parking is put back on . . . put it on here. We left a 20' buffer strip, with landscaping between the side- walk, plus the parkway, so it makes it much more than a mere 20', it sets back equal to the rest of the properties on the block. In doing this, we forever restrict the balance of the neighbor- :ood to single-family use. Our main objectors - we've had a problem with this. We went around, and we got quite a number of them, six or eight of them in the block, that agreed with us. And then, one man, or two people followed us up, and talked them into joining along with the rest of the people. The major objections involve two or three areas. One, traffic in the neighborhood. The Department of Transportation recommended that the project be approved, because they didn't want traffic spilling out onto -52- November 6, 1972 Item #7 53 • 17th Avenue, and in order to overcome this, we have all of our traffic, ingress and egress, on N. W. 9th Street, that's the northern- most portion of the lot. Up near, well, where you see North West, on 9th Street. So that none of the traffic will go into this neighborhood. I used to live just a few blocks, I built a home just a few blocks east of this, and this is a cul-de-sac neighborhood. The only people that enter this neighborhood will be people that actually live back in the neighborhood, because it is very hard to get out onto N. W. 7th Street. So, the majority of us would go down 9th Street, turn onto 22nd Avenue, so that we get the light, to get us in and out, onto 7th Street traffic. So, that we're going to put up, inci- dentally, a sign on our property, restricting No -Right --Turn. In other words, all of our traffic ingress and egress, will have to turn toward 22nd Avenue, thereby eliminating the traffic that might accidentally want to go into that neighborhood. The second point came up, well, you know, we're going to have a lot of children. Well, as the project stands, we anticipate putting in condominium units. The mix of apartments, would be one-third, two-thirds. Two- thirds of them would be one -bedroom apartments, and only one-third would be two -bedroom. Therefore, the number of children will be at an absolute minimum. The second point here, is, that the average price -range of tht_ small apartment will be comparable to the typical house in the neioh- bor.hood, twenty-five thousand dollars per unit, up to thirty-five thoousand per unit, so therefore, as far as the people living in the Neighborhood, they're not going to get a lot of riffraff moving in. The average person that would buy one of these has got to have four to five thousand dollars cash, with the best of terms. And so, therefore, we're going to see the neighborhood continue use in the neighborhood, of people of equal caliber that's already there. They parking, we're meeting all parking requirements on a two- be,froo;a, there's going to be two parking spaces per every unit, one- bedroons are one and three-quarters, for each unit. We put the build- ing, itself, on the westernmost portion of the C-1 lot, so that we aren't even using, if you notice, we're not using even half of the C-1 lot for building, the rest of it is parking. The man most affected by this project, is the gentleman, if you noticed in the word "Plainfield" in the Legal Description, up there. the "F", Mr. Gonzales has the property that will be directly in this portion, which is right behind the swimming pool, and adjoin- ing the parking lot. Mr. Gonzales took us, personally, to three or four of the neighbors who signed, when we went around, we explained the project to them. I would respectfully submit that at this time, we hear from the objectors, I have some pictures of the neighborhood, showing the properties that are there, and a lay -out. And, we will hold for the rebuttal. Mr. Martinez: All right. Those in objection, will come up now, one at a time, and state your name and address, and let's try to keep the remarks to the point in question. Mr. Alea: Ladies and Gentlemen, my name is Raymond Alea. I live at 865 N. W. 21st Avenue, and I'm one of those red marks. This is the third time the residents of that area have had to defend our rights. About a year ago, before you, the Zoning Board, Mr. Martinez, you were a member, and before the Commissioners of the City of Miami. In both of these hearings, the residents of the area ��� a um1 1 i Eli I III IIIIU11111111 II 1 -53- November 6, 1972 Item #7 r were upheld, and the zoning change requested by Mr. Bernstein, was denied. Later, Mr. Bernstein, in conjunction with the Zoning F3oarc1, requested a change, to build a professional building. Iie took me over to his lot, and showed me a beautiful diagram, just as beaut.L.- ful as you see here. And he said, "this is what we want, do you think you can go with it?" I talked to my neighbors. The residents there didn't object, because it was felt that an office building would not increase the density of the area. And any increase in traffic would be from eight to five, or five -thirty. We felt this was all right. Because we didn't want to hurt Mr. Bernstein, he had an investment in that land, C-1. Now, Mr. Bernstein does not want to build an office building like he said he wanted to. He now wants to build a big apartment unit condominium, or whatever you want to call it, on a small piece of land, and wants us, the residents, to give our approval to this change. This is going to give us an additional ninety to a hundred and twenty additional automobiles in the area, an area that is predominantly families with children. That play out on the sidewalk. Now, we, the residents of the area, feel we would be adversely affected by trippling the density of people and automobiles, we feel this is not in the best interest of our neighborhood. It definitely .s not in the interests of the families, who purchased homes there, oecause it was R-1. This is why I bought there. And I bought twenty- two years ago, I ought to be a grandfather - you know, have a grand- father clause on my land, too, just like the man, he bought the land from over there. We do not even - we don't think it's even good for the City of Miami, believe me. ::very one of my neighbors feels the way I do. We know, and you know, and this has been the truth, that apartments do not attract study, year -around residents. Contrary to what Mr. Davidson might be saying at this moment. Most likely they would be more or less a transient type. And this, we do not want. I am sure that Mr. Bernstein knew that the land he purchased at that time was R-1. He knew it was C-1 and he knew it was R-1. He has a battery of lawyers, he's a smart man, otherwise, he wouldn't be in the business that he's in. I admire him. But, he knew what he was doing. Knowing this, I think he should have erected single-family residences, and sold them, because he could have found buyers immediately, the land - the homes in that area sell fast. There are many areas in the City of Miami, and in Dade County, that are zoned strictly for apartments. Why didn't he go there? This is where I think he should have bought. And not come into an R-1 resi- dential area, and try to change our neighborhood. We ask you, to deny Mr. Bernstein's petition to change this zoning, of that land. Thank you, very much. Mr. Martinez: Thank you, Mr. Alea. Anyone else? Will you .Lower the mike, and speak into the mike, and state your name and address. Mrs. Mr. Martinez, ladies and gentlemen. '.fight. I am just enough neighbor, and I really am surprised what he said, the gentleman who just spoke. I moved there, I built my home there, with my parents four years ago. We had a lot of trouble with automobiles parking in our, in front of our houses, and in front of our driveways, belonging to people who working in the commercial area. We do have that problem -54- November 6, 1972 Item #7 • • now. I should say it is the tranquility of the place I enjoy most, but it's the truth, all of the neighbors live in peace there, with the children playing, as the gentleman said, on the sidewalks. And, the only thing is, we are afraid of, is - it's not only the only thin,, a few things we're afraid of is the excess of automobiles, people e such a small area, which I think will be against everybody. Aa I understand, when this gentleman purchased the land, he knew what he was buying. Why trying to change something that he knew was all about, and trying to change our lives. We hope to live there for good, because that's why we purchased the land. And, I relieve, I wish I could go to a seminar, have gone to a seminar like the lady, or being a lawyer to use more beautiful words, and more accurate words, but these are my plain sincere words, and I speak in the name of all of the other neighbors, who feel the saute as I do. I respect this project, and I think it's a good one. But not for that section, absolutely. When he says that the automobiles would exit through a certain street, we don't know that. Drivers will use any street that they decide at the moment. Because, I have never used, going to work, through 22nd Avenue, it is a very congested area, and I would rather go through my own street, or through the back streets, in - let's say on -- 21st Avenue, or 21st Court, and in the afternoon, when the traffic is very congested, on 7th Street, all of the automobiles go through these court, and these avenues, to exit through 22nd Avenue. And there's nobody there, now. Imagine if you put sixty apartments with a lot of people there, with a lot of cars, and a lot of visitors, who are usually the on.as who park our parking spaces, and park in front of our houses. Because that's the problem we are having now. With just a few peoc.e working in the corner. Now, I wish I could express myself, in different words, but think my feelings, and the way my neighbors feel, will pass on through your understanding. Thank you, very much. Mr. Martinez: Thank you. Miss Febagene, did we get her name and address for the Record? Mrs. Dickerson, did we get her name and address for the Record? No? Would you state your name and address for. the .Record, then. Mrs. Garcia -Rios: Haydee Garcia -Rios, (H-a-y-d-e-e) Garcia -Rios is a hyphenated last name. And the address is 735 N. W. 21st Court. Thank you. Court. Mr. Martinez: Thank you. Come right up, ma'am. Mrs. Ferrow: My name is Mrs. Ferrow, I live at 810 N. W. 21 We went through this whole thing here, approximately two years ago, with Mr. Bernstein. Absolutely nothing has changed in that area. I have the pictures that I took two years ago, of this area, and they are here, to show you the conditions of our street. Now, I would like to ask, is it Mr. Davidson? Where would the opening be from the parking area to go for your people to pull out into the street? Coule you please show me the openings? Mr. Davidson: Mr. Chairman. Mr. Alfonso: Yes? Mr. Martinez: I am sorry, ma'am, but my Vice -Chairman didn't hear the lady. Mrs. Ferrow: Where the two arrows are, on 9th Street, that I'm trying to see - 21st Court - you'd have just strictly the openings on 9th Street. Now, I spoke to Mr. Hadley of Street Lighs lights, of Traffic Control. And, he said something about there is a light there, already, there is no light, Mr. Hadley said there can never be a light put there. In order to alleviate the condition that we already had, they did put a light at llth Street and 22nd Avenue, this helped quite -55- November 6, 1972 Item #7 • • a bit, but he said as far as 9th Street and 22nd Avenue, nothing, absolutely can be done, it is not a through street, it is an expensive thing to install a traffic light and they don't do it just because someone desires to put a light up there. Now, I don't drive an automobile, but I know one thing, thdc if you go out of an opening on 9th Street, you're not going to hit 22nd Avenue, because I've ridden in many an automobile. You can make a left hand turn, except to wait for the light on llth Street. So, what do they do? They come out of 9th Street, they turn that corner 21st Court, because it is very easy to get on 7th Street from 21st Court, it is a lot easier to hit 7th Street from 21st Court, going up there, making a right hand turn, than it is waiting for traffic to make the left hand turn on 22nd Avenue. There is no way that we are not going to get jammed with one automobile after another. Orange Bowl Events. We have those Orange Bowl Events - you can't ever, park your own car in your area. Fine, people are out having a good time, we're not squawking that much, but look at 9th Street, look at 21st Court, just an Orange Bowl Event, you cannot, it's bumper to bumper in that area. There is no way that you can take fifty, you can't even take forty more cars pulling up and down that street extra. . . . Korak up at the corner has their own parking lot, their people prefer going down 21st Court. They circle around being 21st Court in order to get on 7th Street. Now, like I said, I don't c.rive an automobile, but I'll be if everybody I've seen doesn't take the easiest way out. You don' 't 2nd Avenue, you're going to push that traffic on 21st Court, you're going to push it on 9th Street, which does not go all of the way through or downtown. You have to go all of the way down to, I believe, 17th Avenue, to get onto 7th Street, or cut into the side street with the residences. Now, as far as your schools, Miami High, your high schools have over five thousana students, it was made for approximately sixteen hun- dred. Citrus drove, two years ago, was already past two thousand, it's limit, and getting more crowded. I don't care if you went to single or married, singles are having children, just as fast as married are, today. The birth control pill hasn't stopped anything, if they desire to have children, they're going to have children. And you're not going to be there to limit who's going to move into the apartment, who's going to stay overnight. Uh-uh, we don't live in that kind of a country where you have someone standing at your door telling you who can spend the night in your apartment, and who can't. So you can wind up with five at a time in your apartment all night long. Mr. Dean: Wow: Mrs. Ferrow: Well, I'm bringing out the realistic points of that thing. Mr. Alfonso: I don't understand that. Mrs. Ferrow: I will tell you just for one instance, we have a house three blocks down, thirty people are living in this house. Thirty! Mr. Alfonso: . . . to be closer? Mrs. Ferrow: N. W. 2nd Street off of 22nd Avenue, thirty people, in one house: Does the landlord really care? He is collecting the loot, add one more, he's not in business foe love, he's in business for money, he's no fool. He's going to stand there, and watch what his tenants do? How many people are going in? Now, no, I'm sorry, this ar a is residential, it was unanimously denied the last time, by both the :31anning Board, there was one abstain- ing, that wasn't there. And the Co mission. There has been no change. I don't see how it can possibly be approved. Thank you. Mr. Martinez: Thank you, Mrs. Ferrow. Anyone else? Anyone else? -56- November 6, 1972 Item #7 • Being none, we will come back to rebuttal for you, Mr. Davidson. Mr. Davidson: I think you have heard from the two or three people that have followed behind me, and got everybody stirred up. Your house is located in Block 10, I believe mister . . .: Mr. Martinez: Sir, sir: Mr. Davidson: Ladies and Gentlemen of the Board, I would ,like, if we could, have the Department of Transportation recommendation read into the Record, if you please. Mr. Alfonso: Mr. Chairman? Mr. Martinez: Just a minute, Mr. Alfonso, I have a request from Mr. Davidson. Mr. Simpson, would you be so kind, as to read into the Record, the recommendation of the Dade County Department of Traffic and Transportation? Item #7, please. Mr. Simpson: It's in a memorandum directed to the Planning Board from Eugene Simm, Director of Metropolitan Dade County Department of Traffic and Transportation. "Item #7 Approximately 815 N. W. 22nd Avenue: This department has no objection to the re -zoning of this site for apartment use as long as access is permitted into N. W. 9th Street only. The section of N. W. 22nd Avenue fronting this property carries more than 23,000 vehicles per day at speeds up to 40 mph. To permit an unnecessary driveway int. this streetwould create serious disruption to traffic and cause a serious accident potential." Mr. Martinez: All right. Mr. Davidson: Mr. Chairman, Ladies and Gentlemen, this is not going to be the kind of a building that we have described by Mrs. Ferrow. This is a condominium, not a rental unit, nothing to preclude them from renting them, but when you set these things up as a condominium, you generally sell them as condominiums. And I am sure that anybody that would spend twenty-five thousand dollars in that neighborhood, is not going to be having five and six people, or t::irty people, living in a one -bedroom apartment. We're bound by the pland that we're submitting to you. We're bound by the fact that the property is presently zoned C-1, and if they develop it into an office building, they could put all of that traffic into what the Department of Transportation is talking about. Further, we have presently under the C-1, the right to build up to ninety-eight units per acre, I oelieve, there's the number, where- ae, under R-4, you reduce it some thirty -odd units per acre. So the density is being reduced by reducing it from the C-1, which permits apartments. Apartments are permitted in the C-1. And we are reducing the density by about thirty units per acre, and what we're doing here, we already have a "Conditional Use" for off-street parking, on the. R-1 lot, at the present time. And the R-1 lot for off-street parking is exactly where we're putting our parking, we're not changing our plans, we're not changing our layout, we are using the same identical build- ing. We're primarily changing the use, to which this building may be placed. As far as the parking in front of the neighbors, their parking is their own automobiles, because if you notice from the photographs I have shown you, the majority of the homes do not provide any off- street ?arking for themselves. They do have their own cars parking in front of their own homes. If you notice that we left an R-1 buffer on this street, which prohibits even anyone from even walking across it. It is not a traffic area. There will be no ingress, no egress, whatsoever. There will be a conzineous hedge or wall, which will separate this property from the balance of the street. We're providing far more parking for this apartment building, -57- November 6, 1972 Item #7 two for every two -bedroom apartment, than any of the buildings currently being - currently existing in the City of Miami, there's none of them provides two parking spaces for one unit. None of the single --family homes provide that much. And here we are, you're talking about c*uests coming in there, these people certainly aren't going to park in font of an already congested location, to walk all of the way back up �o the corner, all of the way around again, and back into the building, that would be ridiculous. Our parking is adequate, we are self-contained on the property. We do not, and will not, have - we plan on putting up the signs, and if you'd like to have the Department of Transportation put up a sign that makes it legal that if anybody makes a right turn, from our lot, that they can get a ticket, we're perfectly willing to go along with that. Mr. Martinez: Let's have order, please. Let's extend each other the courtesy, he listened to you, now you listen to him. If you have any other statements, I will allow a Board Member to ask you a question, and come up. But let's not have disruption on this meeting, please. Mr. Davidson: What we're saying is, that we have a project, in which we have tried to do the best thing we could. He did want to up an office building, but as you know, there is a tremendous amount of office space available, and financing, the picture has changed completely, and there is money available for condominium units, you get a high quality type of people moving in here. The traffic that is on the streets is not our doing, if there is traffic there, whether we went in and built apartments solely on our C-1, we could still do it anyway. And that is the reason, I am sure, that the Department when they looked at these r,L3ns, they made their recommendations for approval. And it is, as I say, ; of the first times that I have had the pleasure of being on the sine ot the Department. If you have any questions, I will be perfectly happy to answer them. Mr. Martinez: All right, at this time, we will close the public hearing. And I see the gentleman standing up. Do any of the Board Members wish to ask him a question? Mr. Alfonso: Yes, Mr. Chairman. I wish to ask him a question. And teal him that is the proper way to conduct this meeting, if he wants to talk, he can approach the microphone, and we are glad to listen, not yelling from the 1,ack. Please, say whatever you want to say. Mr. Alea: Well, I always do that, Mr. Alfonso. Mr. Alfonso: Yelling from the back? Mr. Alea: I came from the back. Mr. Alfonso: No, I saw you, before, yelling from the back. Mr. Alea: No, I was sitting with Mr. Rodriguez in the back, and I came up . . . Mr. Martinez: All right: All right: Let's hear from Mr. Alea, . . . you have the opportunity to make your statement, sir. Mr. Alea: I don't i:ave a statement to make, I just wanted Mr. Davidson and for the Board to understand that the parking, see, the so-called "Conditional" parking in the R-1 zoning was permitted by you, the Zoning Board, for the solo purpose of erecting a profes- sional building. I didn't want you to be under the impression that he already had the R-1, or the "Conditional", because that's the way I understood it. And if I understood it that way, I thought, perhaps somebody else might have understood it the way I did. I just wanted that cleared up. May I ask another thing? Mr. Alfonso: Yes, sir. -58- November 6, 1972 Item #7 e Mr. Alea: Does the Zoning Board, or, Mr. Whipple, let's say, does he have an opinion in this case? Mr. Martinez: Yes, the Staff, the Planning Staff makes rceom- mendation to this Board. We have their recommendation. We have -,ad into the Record the recommendation of the Traffic and Transportat.o Department, of Dade County. As a matter of fact, I am going to ask that Mr. Whipple get up and give us the recommendation that he has on Item #7. So that you people would understand it. Ptr. Whipple? Mr. Whipple: The Department recommended approval of this requested change of zoning, "The applicant has met with the Depart- ment on several occasions in discussion of preliminary development plans for an apartment structure. The plans meet the Department's design recommendations including provisions for buffering the adjacent residential area from possible intrustions as a result of the proposed development, and the applicant is willing to covenant the land in accord with said plans." As this Board may remember, which was referred to here, this evening, there was previous petition approved, permitting parking on this area under consideration, tonight, for off-street parking, for commercial development, or office structure. Since that time, and understanding or recognizing the wishes of the Board and Commission, in approving this item previously, the Department met many times with the applicants, and discussed the possibilities for a change of their previous recommendation. And it is on that basis, we came up with this solution, which we feel meets some of the objectives of protecting the neighborhood, but allowing a reasonable development. The development, as pointed out by the previous application, and based upon the request here, this evening, the 95' of commercial zoning is limiting, and it is a very shallow depth, that does not provide, perhaps, the most appropriate type development. For this reason, that we have recommended the additional zoning, providing that the commercial aspect is upgraded, along with the down- grading of the R-1 portion, as a meeting grouna for the total develop- ment. iir. Martinez: All right, you have heard the recommendation from the Planning Staff, I hope you understood it. Would you like a copy? Mrs. Ferrow: No, I don't. Mr. Burns: You may read my copy. Mrs. Ferrow: Well, Mr. Martinez, I believe that - I don't know Mr. Burns: Excuse me, the public hearing is closed, I was just going to give it to you, so you could read it. tnere. Mrs. Ferrow: No, I wanted to comment on Mr. Whipple's thing Mr. Martinez: If one of the Board Members will ask you a question, Ma'am. Mrs. Ferrow: Oh, I am sorry. Mr. Martinez: The public hearing is closed, now. Any discussion among the Hoard Members? No discussion? Mr. Gort: I have one question. Mr. Martinez: You have a question, Mr. Gort? Go ahead. Mr. Gort: It seems to me that the main point that worries the people here, is about the traffic going into the neighborhood. Now, Mr. Davidson has states that they were going to put up a sign, where they will make the people, that is, the Department, to turn left on 9th Street. Is that possible? -59- November 6, 1972 Item #7 Mr. Martinez: Is there anyone from Staff who can answer Mr. Gort's question on that? Mr. Simpson: Actually, the traffic, Mr. Chairman, I can only answer, I can't answer so far as enforcement is concerned, Dade County Traffic is the responsible agancy for all traffic sigr in the City and in the County. The owner of the property or this Board or Commission could recommend to them placing a sign at that location as to enforcement of it or the adherence to it, I can't answer. Mr. Davidson: Sir, we went to them, we are on Record for this. Mr. Martinez: Okay. I think there is a misunderstanding here, the subject property can be developed and still it's going to create traffic. You're not going to stop people from going up nobody's street, it's impossible. Not in America, everybody can travel up ana aown wherever they want. All right, this is in your district, Mr. Alfonso. Mr. Alfonso: Mr. Chairman, Members of the Board, I share the concern of the neighborhood, about the traffic, and all of the problems that this new development, it is going to affect them, and it is going to create in their neighborhood. But, after I hear from the Department recommence this for approval, after I read here from the Department of Traffic and Transportation, the expert, about what traffic concern and being there is 22nd Avenue is not inside of 21st or 20 Avenue, so they have to go on the side, they only go on 22nd Avenue, then make a right and they will be in the new project, so I don't think it's .wing to affect the neighborhood. I am going to move for approval. Mrs. Callahan: Second. Mr. Martinez: Mrs. Callahan, you seconded it? We have a motion for approval, by Mr. Alfonso, and it has been seconded by M:cs. Callahan. Any discussion on the motion? Being none, call the rc.11, Mr. Simpson. Mr. Simpson: The motion on Item #7 is to recommend. Twenty-six objections were received in the mail. Mr. Alfonso offered the following resolution, and moved its adoption: RESOLUTION NO. 72-245 RESOLUTION RECOMMENCING CHANGE OF ZONING CLASSIFICATION OF LOTS 17 THROUGH 28, AND LOTS 30 THROUGH 34, LESS EASTERLY 20', BLOCK 1, PLAINFIELD PARK (15-61), LOCATED AT APPROXI- MATELY 815 N. W. 22ND AVENUE, FROM C-1 (LOCAL COMMERCIAL) AND R-1 (ONE -FAMILY) TO R-4 (MEDIUM DENSITY MULTIPLE). Upon being seconded by Mrs. Callahan, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Burns, Dean, Gort, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAVES: None. Mr. Simpson: Unanimous. Mr. Davidson: Thank you, Ladies and Gentlemen of the Board. -60- November 6, 1972 Item #7 CITY OF MTAMI, FLA., OFFICIAL RECEIPT D 27642 Received from FOR '1 j 71 pc ,F i. ,21,(.."0 //6-417." This Receipt not VALID unless dated, filled in and signed by authorized employee of Dept. and Division designated hereon. FORM 357 150 BOOKS 5170 REO. 65099 M ADDRESS DATE 19_ /100 DOLLARS Dept Division Miami, Florida E. B. LEATHERMAN Clerk of The Circuit Court P. O. Box 1031 Received for Record Miami, Florida 33101 RECORDING DEED: $ MORTGAGE: —$ AGREEMENT: ASSIGNMENT: $ SATISFACTION: $ RELEASE: $ 11601.19 DO NOT WRITE BELOW THIS LINE STATE STAMPS .... $ SUR TAX STAMPS ... $ TOTAL $ 4 1 . J,,1 L . 73 Ct.J sr 7.7 . 7'' 7...=;*:•• :::''''' . t".....i:!"15,7• ; "s• i t• • a -; ' • - .k. 74. , •f:7 ' -:-.t ' S.....',* .• 77475 7,7;1,7 • *•-.. 4 0•7•'-ar., 477 777, 74777., • t ••- ‘4-47; / k I tg • • COVENANT TO RUN WITII THE LAND T IS COVENANT, made and entered into this llth day of January, A.D. , 1973, by and between. :4. G. BERNSTEIN of P. 0. Box Corm Gales, Florida, 33134, hereinafter called OWNER, and TLE CITY 02 :°iiAiiI, a municipal corporation of the State of Florida, ir. the County of Dade, party of the second part, hereinafter called CITY; anC. i'..ai' LAS, M. G. a1 iaNSTEIN is the fee owner of Lots 17 through 29, and Lots 30 through 34, 3LOCK 1, • PLAINFIELD PARK (15-b1) located at approximately 615 N. W. 22nd Avenue; and W iEREAS, M. G. BER:.`STLii (hereinafter referred to as nV,R" or "THEY" or "HE", '.� �r irrespective of actual gender or number, and ::,caning either singular or plural and including heirs, successors in interest or assigns thereof, where the context so requires or c. c. t s) ; and i.i REAS, the OWNER desires to construct an apartment building on the above described real property and in order to construct said apartment building he desires certain zoning changes to be made on the above described real property and in consideration of the zoning changes to be made by the CITY he agrees with the CITY that .e will construct the aforementioned apartment building in substantial ccplies :ce with the plans on file in the City Clerk's Office and in :.-e 022ice of the Planning Department of the City of Miami. NOW, THEREFORE, in consideration of the premises herein set out, the OWNER hereby covenants and agrees with the CITY to cens'sr u,:t or cause to be constructed :.:: apartment building in substantial compliance with the plans on file in the City Clerk's Office and in the Office of the Planning Department of the City of Miami. t is exp'ess.y`, agreed that this *It ion seal be binding up ti the OAR, his heirs, s ess a in interest or at .giiSt and shall be a condition implied it any cenveyanae thee instrument affecting the tlt.e to the aforesaid Lots 17 through 29, and /ors © through 34, Bloak 1, PLAIN'IELD PA (61) , Iodated at approximately 815 v. 14. 22nd Avenue. iN WITNESS ItaEREO' the OWNER has caused this Covenant tt�' be signed aid executed in its tame the llth day of aannuary,' A.D. , 1973. Signed, Sealed and Delivered` in the Presence of: J• STATE Or FLORIDA ) s s : COUNTY OF DADE ) M. 'G. BERNS EIN II EREBY CERTIFY that on this day personally appeared before .,,e, an officer duly authorized to administer oaths and take acknowledgements, M. G. BERNSTEIN, to me well known to be the person described in and who executed the foregoing instrument voluntarily and freely for the purposes therein expressed. Witness my hand and official seal at Miami in the County of Dade and State of Florida, this llth day of January, A.D. 1973. :a?, RGVED P.S WO FOR' , City Attorney Notary Public, ` State of Florida at Large NOTARY rur ic, srA'! of ILOR DA at LARGE MY co:. S:I:,N EXPIRES JAN. 9, 1976 Sandi)* Thru Gcncroi insurance Underwrltor.. This Instrument Prepared by. g. Harris Turner City of Miami, Deft, of iaw 65 6. W. ,Fi,,r'st, St. Miami. Florida. 33131