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HomeMy WebLinkAboutO-081862 3 4 5 6 7 8 9 10 . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 8186 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF TENTATIVE PLAT #884 "RI TALITZA", LOCATED AT 2695 S. W. 8T11 STREET, FROM C-4 (GENERAL COMMERCIAL) DISTRICT AND R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT TO C-2 (COMMUNITY COMMERCIAL) DISTRICT. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on July 23, 1973, passed and adopted by an 8 to 0 vote its Resolution No. 73-167, 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 a portion of Tentative Plat #884 - "RITALITZA", located at 2695 S. W. 8th Street, from C-4 (General Commercial) District and R-4 (Medium Density Multiple) District to C-2 (Community Commercial) 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. 1 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 That all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed insofar 'as the above.described land is involved.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, sentenco, 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 lath day of September, 1973. PASSED AND ADOPTED ON SECOND AND FINAL READING by title only this 26th day of September, 1973. H.D. SOUTHERN CITY CLERK DAVID T. KENNEDY MAYOR MIAtMil REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personal) ap- peared Ruth (?tatter, who on oath says that she is Assistant to the Publisher 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 adver• tisement, being a Legal Advertisement or Notice in the matter of ok wasIn h pCourt published in said newspaper In the issues of z _J {.}'.. is , -. Affiant 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 has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, 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 securing this advertisement for pubticatiort in the said newspa 1r 1 f kt; _ 1� �r \ r Sworn to `and subscrIbed, befori me this dayof - Janet 'Leo. Notary Public, State of fifyla at Large. (SEAL) `' - ., My Commission expires J1ppLl6,t-1Wr. CITY OF 1i1431T. DADE COUNTY, 'FLORIDA LEGAL NOTICE All interested at•il1 take notice that at a meeting held on the 26th day of September. 1973 the Commission of the City of MI- •mtn!. Florida nd.:ptcd an ordi- nance entitled — :1N ORDINANCE.- AMEND- ING ORDINANCE.: NO. 6671, TH E COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIA'ttl. BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF TENTATIVE PLAT �F54 — "RITA- S ST. I'STREE, DT1T 2695 FROM St J STH C-4 (GENERAI. COMMER- CIAL) DISTRICT AND R-4 (MEDIUM DENSITY MUL- TIPLE) DISTRICT TO 0-2 ICCMIs)l'NITY COMMER- CIAL) DISTRICT e•hirh is designated Ordinance No. 6166. H D soi'T`iERN CiTY .CLERK CITY OF IAMI. FLORIDA Puhlicatt m of this native on the 1st day of Octnher. 1973. Ad. No. 100101 1 • 2 3 4 5 RHT/cc 8/14/73 ORDINANCE NO. JAPJ; AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI , BY CHANGING THE ZONING CLASSIFICATION FOR A PORTION OF TENTATIVE PLAT #884 - "RITALITZA", LOCATED AT 2695 S. W. 8TH STREET, FROM C-4 (GENERAL COMMERCIAL) DISTRICT AND R-4 (MEDIUM DENSITY MULTIPLE) DISTRICT TO C-2 (COMMUNITY COMMERCIAL) DISTRICT. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on July 23, 1973, passed and adopted by an 8 to 0 vote its Resolution No. 73-167, 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 a portion of Tentative Plat #884 - "RITALITZA", located at 2695 S. W. 8th Street, from C-4 (General Commercial) District and R-4 (Medium Density Multiple) District to C-2 (Community Commercial) 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. SEP ': 6 1g72 CITY COMMI S1ON t•,EE iNG OF SEP131973 • 1 • 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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, PASSED on first reading by title only this 45 day ofc Orar0,j+.Imo' , 1973. PASSED AND ADOPTED on second and final reading by title only this 24 day of J rem eArAs. , 1973. r Attest: City plerk f PREPARED AND APPROVED BY: MAYOR f �) R. Harri Turner Assistant City Attorney REVIEWED BY: , ` John S. Lloyd Assistant Director ofi Law APPROVED AS 7Qi FO A ►1►, COR CTNESS : ,:Alan H. Rot stein City Attorney 36 7 6 rL COURTESY NOTICE NOTICE TO OWNERS OP REAL ESTATE IN THE VICINITY OF 2695 S. W. 8TH STREET, MIAMI, FLORIDA The Miami City Commission, at its meeting of THURSDAY, September 13, 1973, at 2:00 P. M., in CITY HALL, 3500 Pan American Drive, Dinner Key, Miami, Florida, will consider the following: 2695 S. W. 8th Street Portion of Tentative Plat #884- "RITALITZA" Resolution recommending Change of Zoning Classification on above property from C-4 (General Commercial) and R-4 (Medium Density Multiple) to C-2 (Community Commercial). At its meeting of July 23, 1973, the Miami Planning Board adopted Resolution No. 73-167 by an 8 to 0 vote (one member absent) 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 express their views. The petition and supporting papers concerning this item are available for review at the Planning Board Office, 3318 Pan American Drive, Dinner Key. 9-6-73 cm MIAMI PLANNING BOARD cr July 26, 1973 Honorable City Commission Attention: Mr. M. L. Reese City of Miami, Florida Re: CHANGE OF ZONING - RECOMMENDED 2695 S. W. 8th Street Portion of Tentative Plat #884 "RITALITZA" Applicant: Orlando Fidalgo Gentlemen: The Miami Planning Board, at its meeting of July 23, 1973, Item #3, following an advertised hearing, adopted Resolution No. 73-167 by an 8 to 0 vote (one member absent), recommending Change of Zoning Classification for a portion of Tentative Plat #884 - "RITALITZA", located at 2695 S. W. 8th Street, from C-4 (General Commercial) and R-4 (Medium Density Multiple) to C-2 (Community Commercial) . Two objections were received in the mail. An ORDINANCE to provide for this Change of Zoning has been pre- pared by the City Attorneys office and submitted for considera- tion of the City Commission. Sincerely, David Simpson, if. Executive Secretary Miami Planning & Zoning Board mm Z. M. 34 Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL SUBJECT TO SITE PLAN APPROVAL -THE ENTIRE CITY BLOCK BORDERED BY S. W. 27TH AVENUE, S. W. 22ND ROAD, S. W. 7TH AND 8TH STREETS". • 3. 2695 S. W. 8TH STREET Portion of Tentative Plat #884 - "RITALITZA" Change of Zonincr Classification of the above described site.; from C-4 (General Commercial) to R-4 (Medium Density Multiple)' ; /9 to C-2 (Community Commercial) . NOTE: Item #8 deferred from Planning Board Meeting of 7/9/73. Secretary filed proof of publication of Legal Notice of Nearing, and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL SUBJECT TO SITE PLAN APPROVAL`- THE ENTIRE CITY BLOCK BORDERED BY S. W. 27TH AVENUE, S. W. 22ND ROAD, S. W. 7TH AND 8TH STREETS" The subject property comprises the major portion of Tentative Plat #884 (Ritalitza) which covers an entire block bordered by S. W. 27th Avenue, S. W. 22nd Road, S. W. 7th and S. W. 8th Streets. The land use of the subject area is characterized by the existence of commercial usage along S. W. 8th Street and S. W. 27th Avenue and mixed single family, two family, and multi -family residential northeast of the subject property. The character of the immediate neighborhood has considerably changed in the past few years with respect to the growth and development of the International Bank properties north of the subject site, the closure of Toby's Cafeteria formerly located on the subject property, and traffic circulation patterns. The change of zoning from C-4 (General Commercial) to C-2 (Com- munity Commercial) and from R-4 (Medium Density Multiple) to C-2 on the subject block will not be injurious or detrimental to the character of the area. The requested change of zoning, if granted, would encourage a more orderly pattern of develop- ment on the subject property. However, as the subject property is clearly distinguished from the surrounding area by the major arterial streets circumscribing the block, and meets the cri- teria for a PAD application, it is recommended that any pro- posal for development of the block be submitted for approval as a Planned Area Development (PAD). The location of the property with respect to arterial streets, the neighboring bank properties, commercial and residential areas, emphasize the need for encouraging development within a unified and carefully planned framework. Mr. Simpson: Mr. Chairman, if you recall, this item was on the Board agenda of July 9th, and at the request of the Department, it was deferred so that the owner and the Planning Department could review the proposed development of the property. right? Mr. Martinez: Mr. Fidalgo, you are the owner of this project, Mr. Fidalgo: Right. Mr. Martinez: Okay. Mr. Weiss is a practicing attorney, he's also a partner? Okay. Mr. Fidalgo: One of them. And Mr. Glasgow is the architect. Mr. Martinez: Okay, he can advise in your presentation. Go right ahead. State your name and address for the Record. Mr. Fidalgo: My name is Orlando Fidalgo, and the address is 844 S. W. First Street. We are here, trying to present to the Board, the request of zoning for a property which is presently zoned C-4, and C-2, and R-4. Actually, sixty-six per cent of this property is already zoned and we are requesting a change of zoning from R-4, which represents only thirty-four per cent of the property. We have obtained twenty waivers, out of a total of forty-two property owners. And International Bank, and Humble Oil, and Perfecta will not object to the rezoning, although they have not signed the waivers. -11- July 23, 1973 Item #3 We are putting up a building that we're proposing to request the zoning for a specific building, which we have discussed, already, with the Planning Department. And the lot area is eighty thousand square feet, we are proposing to put up a hundred and sixty thousand square feet of building. And, one of the things that we're going to have in this building, we're going to have three hundred and sixty- two parking spaces. That is about two hundred and forty-two square feet per car, versus the requirement of the City of Miami, of four hundred square feet per car. So, we have forty per cent more parking than what. the City will require. I am here, also, with - I have with me, our architect, Mr. Glasgow, and Mr. Weiss is one of the principals, he's also an attorney, so we're here to answer any of the questions that you may have, in this project. I also knew, today, from my architect, that we have in this project proposed sites for a bank. And I understand that the drive- in facilities are not part of this agenda, you know, I didn't know it, because I was not advised by the Secretary to this matter. Mr. Martinez; Yes, then, you'll have to get another applica- tion to get them, because that will be a "Conditional Use", in order to be granted. Okay. The question that I have, right now, is, have you read the recommendation of the Planning Staff, and can you live with what they're recommending? Mr. Glasgow: My name is Stan Glasgow, the architect. We haven't read the recommendation, but I did meet with Mr. Acton and Mr. Whipple, today. And as I understand it, it's based - their approval, is based on use for this building only, and we can live with that. Mr. Martinez: Okay. Let me hear from the objectors, and then, we will come back to you. Mrs. Callahan: Mr. Chairman, do they understand that the Department has recommended tnat the usage be under PAD? Mr. Martinez: Yes, well, let's Mr. Glasgow: I think Mr. Whipple is here, tonight, and was - Mr. Martinez: In the words that you're saying, is that what you are presenting to them, that's what will have to be built under PAD. Mr. Fidalgo: Yes. Mr. Martinez: But anyway, look over one of those, gnt from Mr. Gort the recommendations, or from someone, and be reading it while I hear from the objectors, here. Okay, Ma'am, would you state your name and address, for the Record. Mrs. Barnes: I am Mary Louise Barnes, 2812 S. W. loth Street. It's not exactly in the nature of what you might say - opposing it entirely - I was glad to hear him say how many parking spaces, this is what I am primarily concerned with, because the parking situation is very critical in that particular area. And I have here a letter, which I had received last year from the State Department of Trans- portation, advising me that off-street parking is going to be prohibited on S. W. 27th Avenue, in the very near future. And, they have suggested here, they said: "We appreciate the fact that some roadside business will be hurt. It is suggested that you and other parties involved contact the City of Miami and Dade County, in an effort to provide means of off-street parking." And I wanted to object, only on the grounds that if it were permitted, that the City would intervene in behalf of the other persons in the area, to providefor paved, metered, off-street -12- July 23, 1973 Item #3 1 • parking for this area, because it is sorely needed. I don't know if any of you have been by this area, at the present time, since Toby's has closed, you would think they were still open, if you were to go by there, and see the number of cars in the parking lot. There's not adequate parking in this area. And I just want to see, and try to see if the City would intervene to getting some additional parking for this area. Mr. Martinez: Well, evidently, Mrs. Barnes, this project is going to have more than the requirement of parking. Mrs. Barnes: True. But I know that the most of his parking you have to go up a ramp to park up above. And while I consider myself a good driver, and I don't mind too much driving up a ramp, but I don't like the idea of doing it. And a lot of people won't drive up. And even when Toby's was there, I had difficulty keeping my lot clear, in my property, which is across the street. I am constantly towing cars away, now, that park in my lot, and go other places. And, I am afraid that if this is built, unless there is some off-street parking provided in the area, I am going to be hurting, because I won't have sufficient parking. That's my main - objection. Mr. Martinez: That's your main objection. Okay. Is the gentleman back in the back with you? Or, is he by himself? Mrs. Barnes: He's by himself. Mr. Martinez: Will you come up, sir, and state your name and address. Mr. Preece: My name is Godfrey S. Preece, 2546 S. W. 6th Street. I have been a resident there for thirty-four years. Unfortunately, due to this postponement, four of the neighbors on S. W. 6th Street, a couple of them are out of town, and has a sister in the hospital seriously ill, and the other one had to take a fellow's place at Anthony Abraham's tonight. He couldn't be here. Our objection is, and I am sure you're all familiar with that property. As it is now, it's awful, and it'll get most awful. It is surrounded by arteries, one-way streets, two-way streets, 27th Avenue. You have now three stop lights, S. W. 6th Street, S. W. 7th Street, S. W. 8th Street, all on 27th Avenue. Now, then, we'll take Beacom Boulevard. That's a throughway up to 6th Street, and it goes onto 7th Street the one-way, and it goes onto 8th Street, which is a two-way from that point on, west. Now, then, let's take consideration, serious consideration, of Eastern Randle Ambulance. They're exactly six blocks away. As it is now, they have to run, half on the medium when the lights are agin 'em, on 6th, 7th, and 8th Streets. If that isn't enough, what about the Fire Department, only three blocks above? Now, I stopped to pick up this lady tonight, Mrs. Douglas, on Beacom Boulevard, and 6th Street. The corner of 6th Street. My wife got out to help her in the car, because she has a bad knee. I couldn't stop that car for more than a couple of seconds, to let both of them get in, and let my wife out to go and get her. And that's where you turn right, on S. W. 6th Street. It's absolutely impossible to put a building like this up there. You'll have more jam-ups than you can count. And I know that you're all familiar with that Toby property. It should have real serious consideration by the Traffic Department. I'm sure you'll agree to that. Thank you. Mr. Martinez; Thank you, Mr. Preece. Is there anyone else? Anyone else to speak? Okay, we will come back and.give you a few -13- July 23, 1973 Item #3 minutes in rebuttal. Come forward, you may speak. Woule you swear him in, Mr. Simpson? Would you state your name and address for the Record, please, Doctor. Dr. Armour: I am Thomas Armour, Jr., 7707 S. W. 49th Avenue. Mr. Martinez: Okay, what is your objection to the project, sir? Dr. Armour: I don't have any objection. Mr. Martinez: You don't have any objection, sir? Okay. Thank you. Dr. Armour: Do you? Mrs. Armour: No. Mr. Martinez: You don't have any objections? Okay. Mrs. Armour: No. Dr. Armour: Thank you. Mr. Martinez: All right. Mr. Fidaigo, you have a few minutes for rebuttal. Mr. Fidaigo: Yes, we have a queston, here, in reference to the requirements of the approval of the PAD, you know? In other words, what is the meaning of that, of the recommendation of the Planning Board? We are willing to work with the PAD, but do we have to come back to the Zoning Board for that matter? Mr. Martinez: Staff? Mr. McLean. Mr. McLean: Yes, sir. Mr. Fidaigo, this recommendation was written prior to your discussion with Mr. Acton, and the rest of us, in the Department. Mr. Fidaigo: In other words, we already verify all of the questions that you had. Mr. McLean: Right. Yes, for the Board's benefit, the dis- cussion - Mr. Acton did express to the applicant the desire of the Department to see this project go under a PAD. And it was the - the results of the discussion were, that with the applicant's will- ingness to work with the Department in refining their plans, and later, if the applicant was willing to covenant his plans at the Commission level, coincidental, or however it's done, with the change of zoning. It would not be necessary for them to coma under PAD. I111+1 I 1m 1 l lava t q17 l huy r.1 n 1 1:11 1 olf l via ►l' (look f i:iu1ta\', l hu t1+11111 11111 11111 111114 II. , ll"r11111 111111 1l1 111111+111++1 111111 1111 , 1111'+11 rot I1w•1 1 I.r+11 l+Iminhit '11i WI.111 hill "I 1 11I 11111 (11rIr111 11111+111 III 1111+1 1ji?;;Lions. Wry llave discussed the 'Plaint: slid +l'J:i111njful:l.iil lllll 1'llll" cerns of the area. And the Department is well satisfied that if the applicant will, in hearing, in publid hearing, tonight, express their willingness to covenant the plans at the Commission level, the Department is recommending approval of the zoning change. Mr. Martinez: All right. Mr. Weiss? Mr. Weiss: With reference to the objections, as to the parking. Because we have already attempted to put the parking together in such a manner that it will not create a problem with reference to the City, in having to place the City in a situation where it would requir metered zoned. Wefeel that our request, insofar as parking, as it now stands, is concerned, which would be six hundred an. sixty-two cars, would be more than adequate to pro- vide for all of the parking within that particular buliding. In addition to which, the way it is presently being presented, -14- July 23, 1973 Item #3 we'll be able to offer excess - somewhat excess parking, to a limited degree. That might even be of some help, insofar as not having to provide off -:street parking. Mr. Martinez: Okay. Are you clarified, Mr. Fidalgo, on the PAD plan - that you discussed this afternoon? Your architect is nodding his head, so I assume that you Mr. Weiss: I understand what we're agreeing to, that Mr. Acton has said he would not recommend at this time, since we've already met with him, that we have to go to PAD, but we would agree, the owner would agree, to covenant the - to accept zoning based upon the project as it is submitted. And that was satisfactory to Mr. Acton and Mr. Whipple, and we are willing to do that. Mrs. Callahan: Mr. Chairman. Mr. Martinez: Yes, Mrs. Callahan. Mrs. Callahan: I would like to hear from the Staff. This man, the way I understand it, says that you're not making the recom- mendation now, that he come back to PAD? Mr. McLean: No, we've - that's right. Mrs. Callahan: So, you're just bringing it as it is, in lieu of his agreeing to work with you, is that right? Mr. McLean: Right. He has already shown his willingness to revise this plan, thus far, and this recommendation was written in advance of any meetings with the applicant. Mr. Weiss: We have met with the Planning Department about four or five times. And the latest, just today, at five o'clock, Mr. Whipple was there, and he can verify that. And we are agreeable to accepting zoning based upon this project, as the Planning Department has approved it. I would like to say, further, that we have met with the Dade County Traffic and Transportation Department. And we have initial drawings that they have approved. We've met with the Water and Sewer Department, and accepted their requirement that we run to a new force -main that will be about 6th Street, we have agreed to do that. We have met with the Zoning Department, and they have looked over the plans, and have no objections to it. And I would like to say, that I have been in Miami abo,it twenty-five years now, and the property that we're talking about has been used for commercial all of that time. We're not asking, really, - if it were zoned the way it's being used, it would be zoned the way we want to use it right now. And the building that is there is rundown, and all of the lot is completely paved. We are proposing, in our project, to leave about twenty-five per cent of the lot entirely open, with landscaping, which would be open to the public. then? Mrs. Callahan: And you will be working with the Department, Mr. Weiss: Yes, ma'am. Mrs. Callahan; As to the parking and the ingress and egress, and so forth? Mr. Weiss; Yes, ma'am. Mra. Fernandez; I understand that the - if this Board approves -15- July 23, 1973 Item #3 this change of zoning, the approval cannot be tied to any kind of problems. We approve it, or not approve it. But it will be not tied to any other kind of attachment. Mr. Weiss: Isn't that what you do when you go to PAD? Mrs. Fernandez: If you want to go to PAD after this, it is up to you. Mr. Weiss: I mean, when you go through PAD, you agree to do it the way that the PAD Board does, when you get the zoning, and that is what we are agreeing to do right now. Because we have worked with the Planning Department up to now. Mrs. Callahan: Right. Mrs. Fernandez: The application right now. with only for change of zoning. That's what we have in front of us, right now. Mr. Martinez: Yes, the change of zoning, but the Department recommends that they would go along with the change of zoning, based that they would get together and work with them on the building that they are going to put in. Which is something like a - you know, if they were coming in under PAD, which under PAD, everything would have to have been approved by them, and by us, and the City Commission. We will close the public hearing, and have discussions or discussion from the Board Members. Mr. Silverman, nothing? All right. Mrs. McGraner, what were you saying? Mrs. McGraner: I was wondering what type of building is going in there, it covers an entire block, I know. Is it a bank, or what? Mr. Weiss: Yes, ma'am, the outside does really cover nearly all of the lot. Of course, there is a required ten foot setback all of the way around, which we are observing. In addition, about a half an acre of property within the - inside the building, is open, and landscaped in parks and pools and waterfall and benches, and that sort of thing. We do extend up to ten feet of the property line, but inside, there is an atrium, a covered space if you will, that's about eighty feet ceiling height, and then, open above that, to the sky. So, our open space, rather than being out on the side, is on the - is In the inside of the property, where it is shielded from the sun, and the wind, and the traffic noises. Mrs. McGraner: Okay, thank you. Mr. Martinez: Yes, Mr. Dean. Mr. Dean: Mr. Chairman, I would like to have Staff to read the correct recommendation into the Record. Mr. Martinez: Okay, Mr. McLean? Mr. McLean: A new recommendation has not been drafted up, it will be drafted up, and sent to the Board Members. At this time, the recommendation would simply read: "Approval of the zoning change". Mr. Dean: That's excluding the PAD thing? Mr. McLean: Yes. Mr. Martinez: In other words, they are recommending approval of the change of zoning. Mr. McLean: Right. And some of the basic reasonings are found in this existing recommendation, Mr. Dean; Okay. Mr. Martinez: All right, any further questions? If not, -16- July 23, 1973 Item #3 this is Mr. Alfonso's district, he's sick in the hospital, and Mts. Callahan, you are handling his file. What is your motion? Mrs. Callahan: Mr. Chairman, in view of our Staff recom- mendation, I move in favor of the recommendation. ladies. Mrs. Fernandez: Second. Mrs. McGraner: Second. Mr. Dean: Second. You've got three of them, I yield to the Mr. Martinez: Okay, we will give it to Mrs. Fernandez. Mrs. Callahan moves it, Mrs. Fernandez seconds it. Discussion on the motion? None. Call the roll. Mr. Simpson: The motion on #3 is to recommend. Two objections were received in the mail. Mrs. Callahan offered the following resolution, and moved its adoption: RESOLUTION NO. 73-167 RESOLUTION RECOMMENDING CHANGE OF ZONING CLASSIFICATION OF PORTION OF TENTATIVE PLAT #884, "RITALITZA", LOCATED AT 2695 S. W. 8TH STREET, FROM C-4 (GENERAL COMMERCIAL) AND R-4 (MEDIUM DENSITY MULTIPLE) TO C-2 (COMMUNITY COMMERCIAL). Upon being seconded by Mrs. Fernandez, this resolution was passed and adopted by the following vote: AYES: Messrs. Dean, Gort, Johnson, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: None. ABSENT: Mr. Alfonso. Mr. Simpson: Unanimous. Mr. Martinez: Okay. Your application has been recommened for approval to the City Commission. Mr. Weiss: Thank you, ladies and gentlemen. Mr. Fidalgo: Thank you. -17- July 23, 1973 Item 113 8. 2695 S. We 8TH STREET 3 j" Portion of Tentative Plat #884 - "RITALITZA". Change of Zoning Classification on the above property from C-4 (General Commercial) and R-4 (Medium Density Multiple to C-2 (Community Commercial). Secretary filed proof of publicat_rn of Legal Notice of Hearing, and administered oath to all persons testifying at this hearing. PLANNING DEPARTMENT RECOMMENDATION: "DEFERRAL" The Department has no objection to redevelopment of the subject property but would like an opportunity to review plans involving use of the property in further evaluation of the petition for zoning change. Mr. Martinez: All of those who are here to speak on Item #8, would you please stand up to be sworn in at this time. Would the applicant state his name and address. Mr. Fidalgo: My name is Orlando Fidalgo, I represent Intercontinental Group, 844 S. W. First Street. Mr. Martinez: Okay, Mr. Fidalgo, if you will just allow me a minute. Planning Department? Mr. McLean? I see that you have recommended that we defer this item. Does this still stand, your recommendation still stands? Mr. McLean: Yes. Yes, sir. Mr. Martinez: Okay. Do you want to still be heard? Mr. Fidalgo: No, I prefer to go along with the Planning Department, and I will go along with the deferral, and wait for the next meeting. Mr. Martinez: Okay. Get together with them, and see if you can work out the differences. Mr. Fidalgo: Yes. Thank you. Mr. Simpson: We need a - we should have a motion on it. Mr. Martinez: Is there anyone in objection in the audience? Yes, whose district is that? Mr. Alfonso? This is in your district, and we need a motion on this, and I will explain to the people here, the objectors. Mr. Alfonso: Nobody objects to the deferral? Mr. Martinez: The Planning Department has recommended that we defer this item, until they have time to review and look at the plans, as to what Mr. Fidalgo and his people want to build on this property. At that time, they will make a recommendation. So, we are not going to conduct a public hearing, because we really don't know what we're talking about. What is going to be considered to be done there. Mrs. Callahan: Second. Mr. Martinez: So, Mr. Alfonso moves it for deferral, Mrs. Callahan seconds it, discussion on the motion? Call the roll, Mr. Simpson. Mr. Simpson: Mr. Chairman, I would like to know from the applicant, how long will it be before you have plans to submit to the Planning Department for their review? Mr. Fidalgo: We already have plans. Mr. Martinez: You have Plana? Okay. Mr. Fidalgo; Yes, we do. •e U -.2?- July 9, 1973 Item #8 l Mr. Martinez: Then, tomorrow morning you could be up on the next meeting. Mr. Fidalgo: Very good. Mr. Simpson: When does the Board want it deferred to? Mr. Martinez: Well, if he brings in his plans tomorrow, we could defer this thing to the next meeting. Mr. Alfonso? Mr. Alfonso: I think so, it all depends on him. Mr. Martinez: Okay, if he gets here with his plans, then we can go ahead and discuss it then, at the next meeting. Mr. Simpson: Deferral until the meeting of July 23rd. Mr. Martinez: July the 23rd, okay, call the roll, Mr. Simpson. Two objections were received in the mail. Mr. Alfonso offered the following resolution, and moved its adoption: RESOLUTION NO. 73-159 RESOLUTION RECOMMENDING DEFERMENT UNTIL MEETING OF JULY 23RD, 1973 THE PETITION FOR CHANGE OF ZONING CLASSIFICATION ON PORTION OF TENTA- TIVE PLAT #884, "RITALITZA", AT 2695 S. W. 8TH STREET; FROM C-4 (GENERAL COMMERCIAL) AND R-4 (MEDIUM DENSITY MULTIPLE) TO C-2 (COMMUNITY COMMERCIAL). Upon being seconded by Mrs. Callahan, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Dean, Gort, Johnson, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: None. Mr. Simpson: Unanimous. Mr. Fidalgo: Thank you very much. -28- July 1973 Item #8