HomeMy WebLinkAboutO-081662
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ORDINANCE NO. 8166
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF'MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF THE EASTERLY 150' OF
LOT 19, VIRGINIA PARK SUB (10-43), SUBJECT
TO DEDICATION OF THE NECESSARY RIGHT-OF-WAY,
LOCATED AT NORTHWEST CORNER OF N. E. 82ND
STREET AND N. E. 2ND COURT FROM R-2
(TWO-FAMILY) TO C-2 (COMMUNITY GENERAL)
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 April 23, 1973, passed and
adopted by Resolution No. 73-93 by a 8 to 1 vote, recommerthzg
granting a change in zoning classification, as hereinafter
set forth; and
WHEREAS, it is deemed advisable in the best intere::t.
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 of the
Easterly 150' of Lot 19, VIRGINIA PARK SUB (10-43), subject
to dedication of the necessary right-of-way, located at
Northwest corner N. E. 82nd Street and N. E. 2nd Court from
R-2 (Two -Family) to C-2 (Community Commercial) District;
and by making the necessary changes in the zoning district
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Map made'L part of said Ordinance N 6811 by reference and
description in Article I/I, Section 2, thereof.
Section 2. That all laws, or parts of laws, 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conflict herewith, be and the same are hereby repealed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 prevision of this Ordinance is held invalid, the
remainder of!the Ordinance shall not be affected.
PASSED on fi.rst reading by title only this 24 day
of
May
, 1973.
PASSED AND ADOPTED on second and final reading by
title only this 14 day of June , 1973.
MAURICE FERRE
Attest:
MAYOR
H.D. SOUTHERN
City Clerk
i11
Qn % of
Honorable City Commission
Attention: Mr. M. L. Reese
City of Miami, Florida
Gentlemen:
IctriAN Y AEI 21
May 3, 1973
Re: CHANGE OF ZONING - RECOMMENDED
N. W. corner N. E. 82nd Street
and N. E. 2nd Court
Easterly 150' of Lot 19,
VIRGINIA PARK SUB (10-43)
Applicant: Control Development
The Miami Planning Board, at its meeting of April 23, 1973, Item
#1, following an advertised Hearing, adopted Resolution No. 73-93
by an 8 to 1 vote recommending Change of Zoning Classification
subject to dedication of the necessary right-of-way, the Easterly
150' of Lot 19, VIRGINIA PARK SUB (10-43), located at Northwest
corner N. E. 82nd Street and N. E. 2nd Court; from R-2 (Two -Family)
to C-2 (Community Commercial).
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.
ncerel ,
David Simpson, r. U
Executive Secretary
Miami Planning and Zoning Board
mm
Z. M. 9
Attached: Minutes
cc: Law Department
NOTE: Planning Department recommendation: "DENIAL".
5,0)?
r
73 1* NORTHWEST CORNER N. E. 82ND STREET AND N. E. 2NDCOURI
Easterly 150' Lot 19, / 4Y e
VIRGINIA PARK SUB (10-43). 242
Change of Zoning Classification of the above described site
from R-2 (Two -Family) to C-2 (Community Commercial).
Secretary filed proof of publication of Legal Notice of Hearing,
and administered oath to all persons testifying at this hearing.
PLANNING DEPARTMENT RECOMMENDATION: "DENIAL"
There have not been any changes in the type of develop-
erment which surrounds the subject property. Facing
properties to the north, south and east are all developed
with single-family and two-family residences. The pro-
posed change of zoning would be too great of an extension
of commercial zoning into the residential area. It is Mt
noted that the C-2, Community Commercial zoning District 1
Boundary Line does not provide a consistent depth of com-
mercially zoned property facing N. E. 2nd Avenue in the
vicinity of the subject petition. Therefore, an adjustment
of the zoning boundary line, 26-feet easterly, would provide
a more reasonable boundary line, establish a larger commer-
cial site fronting N. E. 2nd Avenue, as well as provide
sufficient depth for residential development or for "Con-
ditional Use" of additional off-street parking on the
remainder of the subject site. A similar petition for
change of zoning was denied by the Planning Board in
January, 1967.
Mr. Martinez: As we call the items, the applicant will use
the mike on my right, and those who are in opposition, will have
their turn, and will use the mike my left.
At this time, we will call Item #1. Will the applicant come
forward and take the mike on my right. State your name and address
for the Record.
Mr. Koppen: My name is Robert Koppen, my address is 840
N. E. 76th Street. I am appearing here tonight, as the president
of the applicant corporation, which is the Control Development
Corporation.
We have asked for this change in zoning, which is necessary as
I understand it, under your rules of procedure, in order that we might
get along with our plans to build what is going to be a five story
condominium office building. Now, I understand from a procedural
point of view, it is not proper or even available to us, to come
before you for site approval. In other words, I can't bring,
apparently a set of plans, and tell you precisely that this is what
I am going to build on the property, as is done, I guess, in the
County. But, particularly, under your rules of procedure, I must
ask for the necessary change of zoning, in order then, to come
before you, and ask for the permit to build this five story condo-
minium office building.
So, if I am correct in that procedure, and I am sure your
administrative assistants have properly guided me, I am here asking
that this area, shaded in yellow I guess, on your map up there, be
changed from the residential zoning that it now has, to the commer-
cial zoning that the front of the block has.
Now, the picture doesn't depict it too well, but that is
actually one block, surrounded on all sides by the streets, and
of course, as it's platted, it's identified as, I think Block, or
Tract, 19. This is the way it was subdivided in the years gone by.
Now, at the time we acquired this property, the yellow sec-
tion, actually, was improved with a large two story home, and was
know to us, out in Little River, as the Mooney Property.
Now the Mooney property consisting at tnat time, of a residence
has been torn down by us, after we acquired the property in 1971, and
at this time, it is, of course, a vacant property.
.i,,�t
-2- .,pril 23, 1973 Item #1
Our plan is, to do, what we believe, honestly to be, the
proper thing for Little River, as an area.
I have practiced law, in Little River, myself, since 1952.
Most of these people who are in the audience, here, tonight, and
who have given up their evening to come down and voice their strong
approval of this plan, are long time residents and business men and
property owners of Little River. They have stood, and they have been
sworn in, I don't know that it will be necessary to take all of their
testimoney. I think most of you on the Board would recognize some of
the people in attendance. Certainly, they have, on occasion, appeared
before you, on matters of concern and interest to them, in the Little
River Area.
We are proud of Little River. We really believe that we have
a location in Little River, that justifies our dollar investment into
the area, to come up with something more than just a small retail hodge-
podge type of development.
It wasn't many weeks ago that you enthusiastically approved the
plan to build the new bank building on N. E. Second ?venue and 79th
Street.
Of course, Mr. Garner, who is the president of the First State
Bank, is, in fact, also a corporate officer and stockholder in this
applicant corporation. He is, in fact, a partner of mine, in this
venture, and of course, his faith in the area is first voiced by
the building of the new bank building, and now voiced, again, by
his joining in this application, to come forward, and to build what
we believe to be another important contribution to Little River.
Now, Little River, of course, is - has changed character.
It has changed character for the good, we do believe, and the City
Fathers, have, of course, had a great amount of wisdom in their plans
for Little River, they have allowed us to come through with 82nd Street,
82nd Street is now, of course, a major thoroughfare. It is, as you
know, the link on over to the 79th Street causeway, it is a one-way
street now, carrying all of your traffic to the west.
So, 82nd Street, together with 79th Street, constitutes the
heart of Lottle River, at the intersection of N. E. 2nd Avenue.
' Now, years ago, of course, before 82nd Street was through to
the Boulevard, that is, and all of the way on over to the causeway, it
was nothing more, or less, than a side residential street. But its
character now, is well defined, we call it Li':tle River Parkway, and
it's so designated in your Official Records, and in recognition of the
fact that it feeds the traffic to Little River.
Now, as far as our particular location is concerned, we believe
that it is proper, and right, that we come forward with a development
of office -type structures. We are not trying to compete with the
retail businesses in the area. We are not in any way considering
the proper growth for a residential area. We do not believe that
our destiny is in that direction.
We are, as you oldtimers will know, blessed with, if you will,
many, many, frame homes, that one day will certainly have to come down,
within the Little River Area. We know that because of our size,
and because of our location, that we have the area that is just ideal
for banking, for law, for mortgages, insurance, this is the kind of
thing that Little River is to us, who live and work there. This is
what we see in Little River, and all that we have ever planned seems
now to be embodied in this - these first steps, that we're taking.
These are the first concrete steps, that have been really advanced
for Little River, in many, many years, it's been dormant, people have
wondered in which direction we would go. The Bank wondered, itself,
whether to make such an investment in the area, but it has stepped
forward, and that commitment is made, and we're now standing before
you, ready again, to make the same kind of a commitment, to come for-
ward with what will be a five story office building.
We recognize the concern of any change of zoning. It must be
a proper use for the property, it must, of necessity, be compatible
-3- April 23, 1973 Item #1
leth
rIT
with an overall plan. We recognized all of these standards that
are necessarily in your minds, as you receive these applications,
and weigh them. It has been suggested that our application, would,
in fact, be taking the commercial development of Little River too
far east, on N. E. 82nd Street.
I respectfully submit that that is not the case, today.
We've got 82nd Street as a major thoroughfare. We've got 82nd
Street, and N. E. 2nd Avenue, that should be an important develop-
ment.
Now, it is a fact, as I understand the procedure, if I would
come forward, and have designed, I could have possibly designed, on
what is now commercial zoned property. I might have gotten a two
story, some kind of an office building. And then, if I had decided
to come back before you, and ask that you allow me then, to use that
yellow property, in its present zoned classification, as an adjunct
to such a building, that you would have reasonably accepted such an
application, on a variance petition.
I respectfully submit that it's better planning that we come
forward, today, and build that kind of a structure, that will be
important for Little River. We don't want just a two story office
building. We're not money hungry, in this application, I can assure
you, we are trying, in every way that we know, to build a prestigious
building, so that we will set the tone of things to come.
Now, I realize there's some nice looking two story buildings,
but there's nothing nicer looking than a couple of good substantial
office buildings, if what you're tying to do is to develop an office
complex. The Bank goes about seven stories, we're coming in there
at about five stories. The design that Cook Reiff has come up with
here, is completely consistent with all of your zoning. There is no
variance that we're looking for. Provided, only, of course, that the
. . . here is allowed, but I say that our lot coverage, I say that our
parking site, and everything that we have designed into this loc---
into this plan here, is exactly equivalent to the requirements of
your most severe ordinances.
We have designed this building, so that it will fit right up
front, at the intersection of Second Avenue and N. W. - N. E. 82nd
Street.
Our parking is all to the rear, and of course, the area that
is subject of this petition, tonight, is only planned for the purposes
of parking. We've got the requisite screening, the landscaping, all
of these things are built into this plan.
And, I just can't conceive of anything more important to our
area, than to be allowed to get along with this kind of a plan.
Now, it is this that is behind the petition. I realize that
narrowly, all I am asking you,to do is to change the zoning, and I
realize also, that someone could come back and say, 'well, if we grant
the zoning to you, today, there's nothing to guarantee, that we'll put
this building up, tomorrow'.
Well, all I can tell you, there, is, that I believe that my
neighbors around here will speak for me. I believe that the people
who are associated with me in this venture carry a pretty good repu-
tation in Little River, and it is a fact, that I own quite a sizable
hunk of land in Little River, and there's just no desire that I have
to do anything other than to do the right thing, for Little River.
And I believe that if called upon, that these people who have come
down here at my invitation, tonight will speak at least to that
extent.
Each one of these have signed a petition. Each one of these
individuals. They have voiced their approval. I do not know of
any one, except possible one person, who has objected to our appli-
cation. And that individual voiced his disapproval only in the sense
that he thought that if we were allowed to build a condominium, that
that meant we would be building a condominium apartment. And to that
extent, we're not really at odds, because we have no desire to build
-4- April 23, 1973 Item #1
an apartment house in what we believe to be a proper business area.
So, with theset things in our mint.. as we appear before you,
we think the application is proper, And I do think it is exceedingly
important that you distinguish between what we're attempting to do
today, and that which came before you possibly some five years ago,
in the request for a change of zoning, at a time when the gas station,
a gas station - was contemplated to be built.
The Mooneys, I believe, or possibly their contract purchasers
who was a gas company, appeared before this Board, and asked for a
change od zoning. I think your records will reflect that the people
in the area stood up and yelled loud that they didn't want that for
Little River. We don't want it, today. The petition for that - at
that time was denied, because that was what was behind the petition.
Now, here in the audience, tonight, is Mr. Jean Lowdermilk,
Vice President and Brance Manager of the First Federal Savings and
Loan Association.
We have a representative of the First State Bank, Mr. Earl
Heltman.
We have property owners up and down the street, and there
are so many, I can't name them all. Mr. Bruce Bue, past President
of the Chamber of Commerce in Little River. I don't know what
stronger voice, I can present to you people, than what you find
here, in the audience.
I can only say to you, that the people in Little River believe
that this is the right thing for our community. The people who have
their money invested in Little River, believe that this is the right
route for Little River.
We're asking that you agree with us, and allow us to get this
area going, to allow us to build an important part of our financial
community, here in Little River. I think that we've got the proper
location, and I think that we are right, as we stand before you, ask-
ing that: we be allowed to do this.
Now, I don't know how much more testimony is necessary.
I have introduced my people, and I can have them stand again, and
they will in effect echo my words. I would, maybe in the sense of
brevity here, ask Mr. Lowdermilk, who, possibly, is known to many
of you, to stand up here, and just state his views, on the part of
the Bank. The Bank, of course, has a very large investment in the
area, First Savings and Loan Association, of course, has a tremen-
dous building there. I don't know that I need call on Mr. Heltman
to voice again his approval, because they were just down here, you
know, last week or so, asking for their own right to building.
But, Mr. Lowdermilk, if you don't mind, I would ask that you
come up here, and just speak a few words on behalf of the applica-
tion.
Mr. Lowdermilk: Mr. Koppen has been so loquacious, that I
can hardly add anything, except First Federal Savings has had a
large interest in Little River, since 1949. And I've been there,
since 1950. And we've worked very diligently and hard, trying to
keep Little River up, and trying to bring it back these recent years.
And we feel that this would be an important step forward. for the
community, the business community there, "anc we hope that you will
approve this request. Thank you.
Mr. Martinez: Thank you, Mr. Lowdermilk.
Mr. Koppen: Mr. Chairman, may I call upon just one more
person? Mr. Gordon Smith, who is, I think . . . of Little River
as anybody I can think of. Gordon, will you come up and say a
few words, please?
Mr. Martinez: Will you state your name and address for the
Record, please.
April 23, 1973 Item #1
Ir
Mr, Smith: I'm Gordon Smith, number one Past President of
the Little River Commerce Association. I am a member of your - one
of your City committees. I have been quite active in promoting the
City of Miami in total. I have interests varied, varied places, and
I have appeared many times even before this Board for other projects,
which I felt were worthy.
Being totally interested in this project, I would like to just
add one little thought, because you well can recognize that I'm a hun-
dred per cent for this, and I think that the majority of people in the
area has been thoroughly in favor of this kind of a project. As a
matter of fact, I set requests, or, questions every day, in the store
that I have there, 'When -is the building going up? When are we going
to see some progress?'
Now, we have quite a few people in the area, which also has
invested interested in property, which needs to be improved. And
they are just waiting for the key to be turned, to start their plan-
ning, to do some things.
So, this is an important area. Important area, if you'll look
at a long-range viewpoint, is this, the first step in a long-range view-
point was to improve the arterial system through the area, from Miami
Beach, to what is known as the Industrial Area. This now, becomes
important to take the next step. The next step is improve an area,
which has deteriorated to a very vast degree over the last ten years.
If any of you have driven through the area, you would say 'this is
terrible'.
Now, then, we want and have been trying, and planning, how to
get this off the ground and how to get it started. The simple answer
is this, we are halfway between Miami Beach, where the entertainment
field is, we're halfway between the Hialeah Area, where your industrial
area is. This would put a complex halfway, five minutes, they can be
on the Beach to entertain, five minutes they can be at their plants
or factories, which might be in the Hialeah Area.
This is a tremendous possibility, for Miami to reenter into the
picture.
At the moment, we're setting in-between, with nothing. and I
plead with you, as a merchant, a property owner, and a concerned citizen,
that this is a very important beginning to a tremendous program which
will follow. And I thank you.
Mr. Martinez: Thank you, Mr. Smith. Do you have anybody else?
Mr. Koppen: Yes, I ha✓e others, but I don't believe . . .
Mr. Martinez: Well, I don't believe we need be repetitious on
this, unless somebody wants to add something else. If not, we will see
if we have anyone in opposition here, I don't think so, is there anyone
in opposition to Item #1? No one. Well, do you want to put in a few
closing words, before we close the public hearing?
Mr. Koppen: The only thing I can say is, that I sincerely
hope and believe that you will see the destiny of Little River as
we see it, and therefore, I expect that you will favorably . .
the petition.
Mr. Martinez: Will all of those in favor of this item, that
are in the public, will you please stand up, so that we can see how
many there are? Let the Record show that fourteen people have stood
up. All right, thank you very much. We will close the public hearing,
and have discussion among the Board Members.
Mr. Dean; Mr. Chairman?
Mr. Martinez: Yes, rir. Dean?
Mr. Dean; I would like to have the Staff read their recom-
mendation into the Record, please.
Mr. Martinez; Will the Staff read their recommendation on
-6- April 23, 1973 Item #1
Item # 1.
Mr. McLean: The Planning Department's recommendation for
Item 41, is: "Denial, there have not beE.n any changes in the type
of development which surrounds the subject property. Facing proper-
ties to the north, south, and east, are all developed with single
family and two family residences. The proposed change of zoning
would be too great of an extension of commercial zoning into the
residential area. It is noted that the C-2, Community Commercial
,, Zoning District Boundary Line does not provide a consistent depth
1p of commercially zoned property facing N. E. 2nd Avenue in the
vicinity of the subject petition. Therefore, an adjustment of the
zoning boundary line, 26 feet easterly, would provide a more reason-
able boundary line, establish a larger commercial site fronting N. E.
2nd Avenue, as well as provide sufficient depth for residential develop-
ment, or for conditional use of additional off-street parking on the
remainder of the subject site. A similar petition for change of zon-
ing was denied by the Planning Board, in January 1967.
Mr. Martinez: All right, thank you. Mr. Silverman?
Mr. Silverman: Tom, how did you arrive at 26 feet?
Mr. McLean: Bob points this out. Basically, the extension
of the zoning boundary line from the south, this would provide a
consistent one hundred and fifty foot commercial depth there on
N. E. 2nd Avenue.
Mr. Silverman: That's not 26 feet, that's a fifty foot street.
Mr. McLean: No, on the south side, Bob. The extension of the
zoning boundary line on the south, from the south north, would provide
a hundred and fifty feet on the subject involving the subject site.
Mr. Silverman: You notice, north of the property, the C-2 step
is much longer than a hundred fifty, isn't it? A hundred and seventy
foot north, then, it's a hundred and fifty south?
That's right, it's a hundred and fifty south,,and a hundred and
how much north? And you chose to go with the southerly limit? How
deep is it down on 80th? No, further down. It's three hundred feet
- over there.
Mr. Chairman, I would be in favor of the application, myself,
as filed.
Mr. Martinez: All right, any further discussion from the
Board Members? Yes, Mrs. Fernandez?
Mrs. Fernandez: According to the plans that have been shown
to us, I would like to ask them, how much area will the parking lot
cover, of the proposed changing of zone?
Mr. Martinez: What percentage of the land, actually, will be
parking? Mrs. Fernandez wishes to know.
Mrs. Fernandez: The whole area is parking.
Mr. Koppen: The whole, thing is parking. The building is
designed up in the corner. So, all of the . . . is parking.
I think she heard me, all right.
Mrs. Fernandez: Yes, I did. And, is the parking lot,
recommended that this area could be used for "Conditional Use",
of additional off the street parking?
Mr. Martinez: No, you cannot do that, Mrs. Fernandez.
Mr. Simpson: Mr. Chairman, I would like to clear that up.
If, in fact the applicant can get all of the required parking on
the C-2 portion, and the C-2 portion will also sustain the floor
area ratio mathematics of his proposal, yes, then this Board can
consider the R-2 as a "Conditional Use" for excess parking. I don't
think that is the fact, in the proposal, as set forth in these plans.
-7- April 23, 1973 Item #1
Mr. Martinez: All right. Mr. Campbell?
Mr. Campbell: Mr. Chairman, Members of the Board, as usual,
I have to play the devil's advocate a bit here. One of the things
that we, in the Department of Public Works would like to see, if you
approve this, is a provision in the approval, that they would allow
for dedication of the necessary Right -of -Way. On 82nd Terrace, which
is along the northerly side of the property, the street is zoned for
fifty-seet, and right now, at the present time, we need seven and
a half feet of Right -of -Way along there.
And along the easterly side, it's necessary for dedication
of ten feet. If this were made a portion, or a part of the recom-
mendation, if you approve it, this would allow us to have the neces-
sary Right -of -Way, which would, I feel; be necessary for the develop-
ment of these streets with banking facilities that would go in here.
Mr. Martinez: Would you come forward, and use the mike, and
answer that?
Mr. Koppen: Yes, I think I can. We came to the Building and
Zoning Department, got our setback lines, and have designed this
building with that requirement in mind. So everything that I present
to you in these plans, is in calculation of doing whatever is neces-
sary to be done.
Mr. Alfonso: Mr. Chairman?
Mr. Martinez: Yes, Mr. Alfonso?
Mr. Alfonso: I wish to ask the applicant a question, please.
Mr. Martinez: Yes, go right ahead.
Mr. Alfonso: Do you own this piece of property?
going to buy it, according to the change of zoning.
Mr. Koppen:
It is owned by the
principals, and Mr.
Mr. Alfonso:
Or, are you
We own it, and we have, since 1971. December 1971.
Control Development Company, I, Mike Garner, are the
J. Cooper, in this corporation.
Thank you, sir.
Mr. Martinez: Thank you. Any further discussion?
Mrs. McGraner, this is in your district.
Mrs.
I have gone
there. And
the Bank in
these plans
Being none,
McGraner: Mr. Chairman, I have observed this site, twice.
into it pretty well, in overseeing what was to take place
Little River has gone down tremendously. And I think that
there, and a very nice building, from what I've seen in
, would enhance it.
I do not see how it can hurt the residential property, because,
from my observation, the R-1 residential was quite a ways back from
this particular site.
One or two story aparrments were just about - oh, I should say,
about a hundred feet or more from this location. And I feel that it
behooves us to help build up a location which was once upon a time
a very, very nice business section, as well as residential.
And, Mr. Chairman, at this time, I am going to move that we
grant the change of zoning.
Mr. Silverman: Second.
Mr. Martinez: I have a motion to grant the change of zoning,
it has been seconded by Mr. Silverman. Discussion on the motion?
Mr. McLean; Mr. Chairman? Mr. Chairman?
Mr. Martinez: Yes, Tom?
Mr. McLean: The Planning Department would like to make a com-
-8T April 23, 1973 Item #1
ko.
I'r
ment at this time.
Mr. Martinez: Yes, go right ahead.
Mr. McLean: The Department would like to remind the Board
that plans for the development were not a part of the subject per-
ition. The Planning Department has had no opportunity to review
them, as they were not a part of the petition. And, that we do
feel that there - although with the change of zoning on the prop-
erty, there possibly are other alternatives that can be worked out.
that there is no guarantee that the subject development, as has been
presented tonight, will be placed on the subject property, and the
Planning Department would just like you to make these things of
Record, at this time.
Mrs. Callahan: Mr. Chairman, I would like to ask the
Planning Department.
Mr. Martinez: Yes, we will have discussion on the motion.
Just a moment Mrs. McGraner, let Mrs. Callahan continue.
Mrs. Callahan: I wanted to ask why, when these plans were
offered that you couldn't look them over, they were offered to you
to be looked over, were they not? No?
Mr. Simpson: No, in a request fo,• change of zoning, realizing
that the plans cannot be a part of zoninc;, we would rather not have
them in the file. I would rather have the applicant present them to
the Board, and then, it is part of the public record of this body and
the City Commission, for future conversation.
Mr. Martinez: All right, Mrs. McGraner.
Mrs. McGraner: I would like to ask Mr. Koppen a question.
If I may?
Mr. Koppen, is this to be definitely an office building?
Any stores, or anything like that, going to be . . .
Mr. Koppen: Strictly office, and I would like to state
something here, for the Record, I stated it before, and at the
risk of possibly stating in contridiction of what has been said by
the representative, these plans were first presented to Mr. Davis
of the Planning and Zoning Department, with six stories. They went
through, and they were exhaustively tested, and examined, as far as
your ordinances are concerned.
We determined that we did not have sufficient parking, for
six floors, and we redesigned the building as five floors, and we
brought it back to the Board, and we asked the Board did it meet
every standard.
Now, I
plans or not,
Mr. Davis had
get it to the
it. So, this
don't know whether that means that I have submitted the
but all I can tell you is that this Board, or that
these plans, and he helped me redesign the building, to
particular point that I'm telling you I want to build
is the way I appear before you, tonight.
I believe that the Board had every opportunity to look at these
plans, and I can only say, I must believe that they looked at them,
because they told me that it wasn't right when I first brought them
down, so this is the way I present myself to this Board, tonight.
Mrs. McGraner: And you will landscape, is that it?
Mr. Koppen: Yes, ma'am, just what I've got here, and if
there's any way, legally that it can be incorporated as part of
your application, or my application, of course, I'm glad to do"
that, because this is exactly what I want to build. I realize you
don't have contract zoning, and all of these other things in law,
but I can only tell you what I am going to do, and I will do any-
thing you can think of to tie me to it, because, I'm wed to these
plans, thank you.
-9- April 23, 1973 Item #1
lb
Lie,
Mr. Martinez: Let me get some clarification here, for the
Record. The Board was presented, tonight, by Mr. Koppen, to the
Planning and zoning Board, they were offered to Mr. Simpson, and
Mr. Simpson worked with him, they cut down a floor. I imagine
Mr. Simpson, that what he's got now on plans would be workable
without any variances, or so on, under the C-2, is that right?
Mr. Simpson: That is correct. Whenever, even on a change
of zoning, when they come in with a set of plans, we have the
Building and Zoning Department double check these plans, so that
this individual is not proceeding under a change of zoning, when
really he - and possibly with a set of plans he might want to
proceed under a change of zoning and a variance. This applicant
decided to forget about the variance approach, and he modified his
structure to meet all of the zoning requirements.
Mr. Martinez: When this happened, did Staff have the oppor-
tunity to see these plans?
Mr. Simpson: No, this was long before the application ever
comes back, and the Planning Department usually is not in. We're
only interested in determining whether the applicant, or rather
the applicant needs a change of zoning and a variance.
Mr. Martinez: Planning? Tom? Are you telling us at this
time, now, that your would like to look at these plans, and maybe
you would have recommendations further to make, other than what you
are making here, tonight?
Mr. Simpson: They can't do that on a change of zoning.
They can't subject it to anything.
Mr. Martinez: Well, why do they come up with the statement
that - this is what confuses me - with the statement that they haven't
seen these plans? If they're not supposed to see them?
Mr. McLean: Mr. Chairman, perhaps if we could have an explan-
ation from the City Attorney, on this, perhaps this might clear . . .
Mr. Turner: Mr. Chairman, as was stated before, you can't have
change of zoning subject to specific plans, or what is called "contract
zoning", you have to take the change of zoning on the merits, and on
the basis of what the applicant states. A review of the plans doesn't
affect the change of zoning.
Mr. Martinez: Do you want to say something under discussion,
Mr. Silverman?
Mr. Silverman: Well, just trying to explain the practicalities,
if Staff takes the position they don't want to look at the plans, because
there is no legal requirement that the developer is going to develop
in accordance with these plans. And they do not want to be in the
position of saying 'That's alovely set of plans, we like them very
much, go change the zoning ', and then, they come in for something
else. That's why they want to put it in the Record that they did not
examine the plans, but the function and the decision is with this
Board, and not with the Staff. We must make a decision whether or
not to rezone this property. That is why we are here, and that's why
we have a motion and a second, and I believe we should go ahead and
vote on the application.
Mr. Martinez: Is everyone clear now? Any further discussion
on the motion? None?
Mrs. Callahan: Mr. Chairman?
Mr. Martinez: Yes?
Mrs. Callahan: I would like to ask one more question of
Mr. Koppen, please.
Mr. Koppen: Yes, ma'am?
Mrs. Callahan: If this change of zoning is granted you, this
--10- April 23, 1973 Item #i
CIT
evening, - I would just like to have my own mind clear on
it, - do you propose to go ahead with the building, the way you
have submitted it to us?
Mr. Koppen: Just precisely that way, yes, ma'am, just
exactly that way. We know the number of floors, the number of
square feet, the required parking spaces, and it's all right here,
just exactly as you see it is the way that building is going to be
built.
Mrs. Callahan: The building would be in the front, and the
parking in the rear, the way the plans show.
Mr. Koppen: Just exactly that way.
Mrs. Callahan: All right.
Mr. Martinez: Call the roll, Mr. Simpson.
Mr. Simpson: The motion on #1 is to recommend.
One objection was received in the mail.
Mrs. McGraner offered the following resolution, and moved
its adoption:
RESOLUTION NO. 73-93
RESOLUTION RECOMMENDING CHANGE OF ZONING
CLASSIFICATION SUBJECT TO DEDICATION OF THE
NECESSARY RIGHT-OF-WAY, THE EASTERLY 150' OF
LOT 19, VIRGINIA PART( sUT' (10-43), LOCATED
AT NORTHWEST CORNER N. E. 82ND STREET AND
N. E. 2ND COURT; FROM R-2 (TWO-FAMILY) TO
C-2 '(COMMUNITY COMMERCIAL) .
Upon being seconded by Mr. Silverman, this resolution was
passed and adopted by the following vote:
AYES: Messrs. Dean, Gort, Johnson, Silverman, Martinez.
Mmes. Callahan, Fernandez, McGraner.
NAYES: Mr. Alfonso.
Mr. Simpson: The motion carries, eight to one.
Mr. Koppen: May I thank all of you.
Mr. Martinez: You are welcome, sir. Your application has
been recommended for approval to the City Commission, and now you
go up before them.
Mr. Koppen: Thank you.
-11- April 23, 1973 Item #1
MIAMi REVIEW
AND DAILY RECORb
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
before the undersigned authority personally ap-
peared Martha Drobnle, who on oath says that she
Is the V.P., Legal Ads of the Miami Review end
Daily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami In
Dade County Florida; that the attached copy of edver•
tisement, being a Legal Advertisement or Notice In
the matter of Adoption of Ordinance
No. 8166
te.: G1>ge .QP 4.oning, ...0
Lot 19, VIaOINL1 PARK SUB,
CITY OF NUM, FLO;tIDA,
QUA
in the 7LIX Coup
was published In said newspaper In the Issues of
Jae.• 194 1973
Affient further says that the said Miami Review
and Daily Record Is a newspaper published at Miami,
In said Dade County, Florida, and that the said news-
paper
iada County, Flor been
neachtday continuously
Satuerday
Sunday and Legal Holidays) and has been entered as
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
she has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of curing this advertisement
for publication In th -• •er.
FRET
190
(SEAL)
bile T.. ..
otery•Pu tat��t - •Hds at Large.
My Commission exp) er 1, 1973.
(1TE• OF )If.t/tf. •
DADE COMM FLORIDA
LEGAL NOTiCE
Ali Interested will take tinHce
that on the 14th dny nt June.
1973 the Commission of the Cite•
of Miami, Florida adopted an
ordinance entitled —
AN ORDINANCE A3fEND-
!NG ORDINANCE No. 6971.
THE CO:MPREHEN-SIVE.
ZONING ORDINANCE.. FOR
THE CITY OF 'MIAMI, BY
CHANGING, THE ZONING
CLASSTF'ICATION OF THE
1'TRGTN A ASTERLY PARK St7i)50' OF 9-
43), StJ13JI:CT TO DEDIti.S-
TION OF THE NECESSARY
RIGHT OF WAY. LOCAT-
'ED AT 'NORTHWEST COR-
NER OF NE R2ND STREET
AND NE 2:ND COURT FROM
It-2 (TWO-FAMILY) TO C-2
(COMMTTNITY GENERAL)
DISTRICT. AND BY MAK-
ING THE NECESSARY
CHANGES LN THE ZONING
DISTRICT MAP MADE A
PART OF SAID ORDI-
NANCE NO. 6S71 BY REF-
ERENCE AND DESCRIP-
TION IN ARTICLE III. SEC-
TION 2 TITEREOF, 'AND BY
REPEALING. ALL LAWS
IN CONFLICT HEREWITH
which is designated Ordinance
No. 8166.
II. D. SOUTHERN
CITY CLERK
CITY OF
11IAMI. FLORIDA
I'ul>lication .-f this notfee on
the 19th day of June, 1973.
Ad. No. 60633
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RHT/cc
5/11/73
ORDINANCE NO.
/, •
s "6 '73 NAY I 0! 3 r
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AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR
THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF THE EASTERLY 150' OF
LOT 19, VIRGINIA PARK SUB (10-43) , SUBJECT
TO DEDICATION OF THE NECESSARY RIGHT-OF-WAY,
LOCATED AT NORTHWEST CORNER OF N. E. 82ND
STREET AND N. E. 2ND COURT FROM R-2
(TWO-FAMILY) TO C-2 (COMMUNITY GENERAL)
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 April 23, 1973, passed and
adopted by Resolution No. 73-93 by a 8 to 1 vote, 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 of the
Easterly 150' of Lot 19, VIRGINIA PARK SUB (10-43), subject
to dedication of the necessary right-of-way, located at
Northwest corner N. E. 82nd Street and N. E. 2nd Court from
R-2 (Two -Family) to C-2 (Commznity Commercial) District;
and by making the necessary changes in the zoning district
CCITY COMMISSION 1
ME 1 UNG OF
MAY G 41973
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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 laws, 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. ,e,
PASSED on first reading by title only this / day
of
is
, 1973.
PASSED AND ADOPTED on second and final reading by
"..)
title only this /y day of .cf'G,z C 1973.
• 2j%C21Ir c'_
MAYOR
Attes,t
PREPARED AND APPROVED BY:
City Clerk
R. Harris Turn r
Assistant City Attorney
REVIEWED BY: ( ��e,^
.John S. Lloyd
)1 Assistant Director of L
APPROVED AS TO FORM AND CORRECTNESS:
Alan H. Rothstein
City Attorney
-2-
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ORDINANCE NO. 8166
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
THE COMPREHENSIVE ZONING ORDINANCE POR
THE CITY OFIMIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF THE EASTERLY 150' OP
LOT 19, VIRGINIA PARK SUB (10-43) , SUBJECT
TO DEDICATION OF THE NECESSARY RIGHT-OF-WAY,
LOCATED AT NORTHWEST CORNER OP N. E. 82ND
STREET AND N. E. 2ND COURT FROM R-2
(TWO-FAMILY) TO C-2 (COMMUNITY GENERAL)
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 April. 23, 1973, passed and
adopted by Resolution No. 73-93 by a 8 to 1 vote, recommending
granting a change in zoning classification, as hereinafter
set forth; and
WHEREAS, it is deemed advisable in the best intereEt
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 of the
Easterly 150' of Lot 19, VIRGINIA PARK SUB (10-43) , subject
to dedication of the necessary right-of-way, located at
Northwest corner N. E. 82nd Street and N. E. 2nd Court from
R-2 (Two -Family) to C-2 (Community Commercial) District;
and by making the necessary changes in the zoning district
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Map Mad 'part of said ordinance tto. 6071 by reference and
description in Article II/0 Section 2, thereof.
Section 2. That all laws, or parts of laws, 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,
I
phrase or pr vision of this Ordinance is held invalid, the
remainder of the Ordinance shall not be affected.
PASSED on first reading by title only this 24
May
, 1973.
day
PASSED AND ADOPTED on second and final reading by
title only this 14 day of June , 1973.
MAURICE FERRE
Attest:
MAYOR
H.D. SOUTHERN
City Clerk