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HomeMy WebLinkAboutO-08026RDINANCE NO.......80 6 .. -O AN ORDINANCE AMENDING ORDINANCE N, 6811, THE COMPREHENSIVE ZONING ORDINANCE POIt TH:t CITY OP MtAMI, CHANGING ,t• G THE ZONING C,ASSIPICATION FOR ALL LOTS ON THE SOUTHEAST SIDE OP BRICKEi;L AVENUE BETWEEN S i E. 1STi ROAD AND THE RICK;I,. SACKER CAUSEWAY PROM R-1 (ONE -FAMILY) TO R-5-A (HIGH DENSITY MtrLTtPLE) , AS RECOMMENDED IN THE BRICKELL STUDY BY THE CITY OP MIAMI PLANNING DEPARTMENT DATED JUNE, 1970, AND AS SHOWN ON THE MAt? OP EXISTING ZONING ON PAGE 83 OF THE PLANNING AND ZONING BOARD MINUTES OF NOVEMBER 8, 1971, AND THE MAP OF RECOMMENDED ZONING ON PAGE 84 OP THE MINUTES OF THE CITY OF MIAMI PLANNING BOARD; REPEALING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING FOR . A SEVERABILITY CLAUSE HEREIN. WHEREAS, the Planning and Zoning Hoard of the City of Miami, at its meeting held on November 8, 1971, passed and adopted by a 6 to 2 vote its Resolution No. 71-254, recom- mending granting a change of zoning classification, as' here inafter 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 all lots On the Southeast side of Brickell Avenues between S.E. 1.5th Road &i d the Rickehbacker Causeway front Rol (Oahe' Family) to (High Density Multiple) Distrit, as rem commended in the $nickel_'. Studs by the City of Miami plann- ing Department dated Jur :, 1970, and as shown on the trap bf'ekistincg zoning on Paje 83 of the Minutes of November 8, 1971 of the City of Miami Planning board, and the trap of recotttiriended zoning oii Page 84 ' of the Minute: of November 8, 1971, of the city of Miami Planning and Zoning board: Section 2. That all laws, pr parts of laws, in conflict herewith, be and the same are hereby repeals?d insofar as the above described landis involved. Section 3. It is declared to be the legislative Intent Of this body that if any section, subsection, sentence,, phrase, or provision of this Ordinance is held invalid, the remE.inder of the Ordinance shall not be affected. PASSED on first reading by title only this of December , 1971 PASSED AND ADOPTED on second and final reading` by title 20th day only this 6th day of January 197 2 . DAVID T. KENNEDY Attest: MAYOR SOUTHERN City Clerk S•w• .,,01•1" .0.4.010 "1- `.ROB .•••n. - - - - 49, M 11 1 it J A - M i - it A Y E 43 MAP No. 6 L±J s vimusommomoommmeimri E P-R 1 r 1C 1 i1 c- fl i RIA BRICKELL 3O1JTH:E!ll$?INGZONING CITY OF`MIAMI PLANNING DEPARTMENT SC*E - i F:Sga4.Ya..:i. '4 t GY, • L L. • PLANNING BOARD RECOMMENDED ZONING Res. -Nos. 71-254, 71-255, 71-256, CITY OF MIAMI PLANNING DEPARTMENT 1_••••11111 i R b4A SCALE. y1M = 40Ii JUf4E 19F10 MIAMI l'IE'VV ARID DAiLV AMMO., l ablaht1 belly 1►teept 5tttiiild;y, sonday mitt Legal .fl oticldys Miami, bake Co*, Platt,la. afiAf of 1:LOAM tatiNii at bAbt~+. betas MI `ihdefeighed authbritsr AaTsfiell9 S� 66ei !ed Meths Wildlife, Whit bh oath sagye that the is the Office Meheger t►f the Mleftil ReVieW Deity . Reaerd; a daily (efttapt SetufdeUh y, Sdey Arid Legal Hhildeye) hewspaper, bUbliChedd at MMiardi trl bade etluiity, Fl6hdei That tke attached tdpy► bf a- M% tiberriel)t+ being a Legei . AdVeftlierheiit be Notice 'm the Matta! Of Adotitiati Of ordinance Nee 8026 ice: Clitirle,d of ZC)tiittg - All lots on S(tttlteaat Sa.d ...Q :.1z,a, ,, . A 'o.htto b twoon Sets l5th Road and the itieltenna,cker Cattseitayi from it-1 to it�5�A� e:C*}�aarea.srrrrrarrarraarrr In the Wes pUbiished in soid newspaper ih the issues Of Afflbht. further siya that the said MIAMI- itevtew end Daily Record Is a ,hewspaper published at' Miami, in Bald Dade County, Merida, and that the said news+ . paper" has heretofore "bean continuoUsty published In ' sad bade County Florida; each day (except Saturday, ' Sunday end. Legal Holidays) and has been entered as second class mail matter at the post offlee ih MIam4 in said 'Dade County, Fibrida" for a period of one year next, precedlhg: the' first - publicatien. of the attached copy of advertisernent: and affiant further bays that she hes neither paid nor promised ehy parson, firm .or' corporation any discount, rebate. cbmmisston or refund for the purpose of securing this advertisemeht for 'publication in the said newspaper. • Sworn to and subscribed before me this 11111— 4ay of ao.uuar , A.D. 14 72., ,! ..4 cam. r i.t.�. . Ruth °latter, Notary Pu Tic, State of FloHde et Large. (SEAL) My Commission expires May 16, 1973. Vitt.' flt atta�lt►. liAattrotNtt,'l:t,Iiftttia L1 o t, ttittf , Alt ilitef:t=lerr tvtl1 tnlr6,':.._.-__ That.'rifi fhb tith 'ilw ot'161ttia1 . i1972...:the :<Crdiiftttsetrih Litt' hi to inml, )tootle adopted' ufi "prdt attihi thtilled= ; "".', AR ottbti4ARtt'E AMt Nbt'1d OIRD14ANG'E :0: d871: ThE CoMPRtiltilNtfiiVP 2ONtN9i ORDINANCE F'OR_'tit; ant Or aMiAMI, 9eit;;_ cl1ANG3,`ti`G rIIE.1oN1NG CtjASSt tCA= 'Moist : rol# ALt.,-LO'I!S _ON T111 'SotUTi#F3A$I SttE.OF I3it•tCkFbt.' ..AVt:NttiE i3F- TW EEN S.8. ' 1 t t'it . ROAD ANI) Tilt RICE f Ni3AC1cr H rArott-VAYFROM Rai CONK= FAMirLY1 . TO t=*rA (I41GIt= :". A S RFCC1Ntitlb; ''•:fir• :�1�I#' )3RTCt FIL S'Tt31)`fi• tit , E CITY... OF " MIAMI : PLANNING DEPAttT5MENT DATED 1t)NE 1070,- AND; AS SIIOWN TIIR MAI' Oi : 1ktST1NG ZONING 'ON PAGE 8i of `i'IIE PLAN-NINO AND . ZONING BOARD_MiNUTFS OE No= VENMI3ER 8, 1911; AND tilt MAP OF ntcsoMMENDED ZONING it .At E 89 OF'Mt NIDaritS OF ` tlE CITY OF' AM/ PLANNING BOARD: t REPEALING _ ALL LAWS-.INiI "'. CONF7,ICT HEREWITH; AND: PROVIDING, FOR A SEVER - ABILITY ;CLAUSE THEREIN uhirh is designated Ordinance No. 8026. 71. b. S0L'TI1ERN CITY CLERX CITY OF 31IAtii1, FLORIDA Publication of this nottte nn the lath day of January, 1972. Ad, No. 10242 LIf 12/2/11 ORDINANCE N AN ORDINANCE AMENDI d ORDINANCENOs 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY oI MIAMI, BY CHANOINO THE 20NINC CLASSIFICATION FOR ALL LOTS,, ON THE SOUTHEAST SIDE OE BRICRELL AVENUE BETWEEN S. E. 15TH ROAD AND . THE RICXtNBACitER CAUSEWAY FROM R-1 (ONE -FAMILY) To R-S-A (HIGH DFNSZT ' MULTIPLE), AS RECOMMENDED IN THE ERICiELL STUDY HY THE CITY OP MIAMI PLANNING DEPARTMENT DATED JUNE, 1970, AND AS SHOWN ON THE MAP OP EXISTING ZONING ON PAGE 83 OE' THE PLANNING AND ZONING BOARD MINUTES OF NOVEMEER 8, 1971, AND THE MAP Or RECOMMENDED ZONING ON PAGE 84 OF THE MINUTES OF THE CIT' oP MIAMI PLANNING BOARD; REPEALING ALL LAWS IN CONFLICT HEREWITH; AND PROVIDING FOR ASEVERABILITY CLAUSE HEREIN. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on November 8, 1971, passed and adopted by a 6 to 2,vote its Resolution No. 71-254, recbm mending granting a change of zoning classification, as here- inafter 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' changein zoning classification; as hereinafter set forth; NOW, THEREFORE, BF IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6873., the Comprehensive Zoning ordinance for the City of Miami, be and the saxne is hereby amended by changing the zoning classification for a.1. Lots on the Southeast side of 1 r .e1 e).1. Avenue between S * E ••A'^►,r..T9.yT•r.-.=•f''e"-r. Ts•s^"'n'ro.•se^',.ti 1 711` 1 re CQN9415fit ... t DEC 2.0 i071 15th Bond and the Ri kenbaaket Causeway from R 1 tine- Pamily) to 14"A (High tensity Multiple) bistrict, as re- commended in the Bnickell Study by the City of Miami Plann- ing Department dated 'Stine, 1970, and as shown bn the map Of eMistinzonin on Page 83 0 9 g g f the Minutes of November 8, 1971 of the City of Miami Planning Board, and the map of recommended zoning on Page 84 of the Minutes of November 8, 1971, of the City of Miami Planning and Zoning Board, 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 20 Lf: 1971. 1 day PASSED AND PTED on second and final reading by title only this day of 1971. MAYOR Attest: City Clerk Clerk of the City b®rebp wort that' au the /Z dal of. ,,,t}.. f try. A4 P, 19 7 a full, true and aorreet oO'P1 o alley. 444 foregoing ordina000 Aaa poatad et the South Zoos of the Dade Count? Court Doane a,t. the Plnoe provided for uotioos Acta pob ...tree. by attaOhi1r; DIM CQ7 to the plaoo prost4e4 therefor, _l1 9�: toy bated oc4 o ottiotel seal of, L4 g tfi)# Qxthis t}#}RlRRlft},}1 7Ri!►RtLI !e!!t}llRf3�`' Ill�liiiliiidi iIItitiIiI! 1 _ ---'---T4 _ , ........_ . 7--7- - PLANNINGBO ARiJ -RECOMMENDED` ZONING- ,--- :Res N os.-71-254', 71-255,• 71-256, . -CITY :0F t4IAM1 PLANNING DEPARTMENT I1 i op SCALE ,M . = '?Q 4 1_ 9 - - 1 1 1 -, - AY - 57, M 1 A . JA -1 Zr —4 s A v E. i 14AP 14o. 6 BNICRELI S011TH ENSTING ZONING i CITY OF MIAMI PLANNING,- DEPARTME.. R SCALE '" Jtit4E la J k PREPARED Alai APPROVED B: LarrY,J0Jargch._ Assistant City Attotney REV'rEn1Eb BY: JackR. Rice, Jrt..: Assistant to Director % r- APPROVED ' AS TO FORM AND / CORRECN$SS Ala Rio ` Rothsiein City Attorney Honorable City Commission Attention: Mr M. L. Reese City of Miami, Florida Gentlemen: December 2 1971 Re: Ci ANOgg OP 20i li40 RCO M2NDE S, AREAA t ii d, - }j (%y�yyJ(([ �{�,j,`��'+• /�*T�7r�{�* Certain properties within an area bounded by 15th Road oft the north, Rickenbacker Causeway on the south, Biscayne Bay on the east and the 'EC Railway on the west (Board Initiated) The Miami Planning Board, at its meeting of November 8, 1971, item 413, following an advertised Hearing, adopted Resolution No. 71-254 by a 6 to 2 vote, Resolution No. 71-255 by a 5 to 3 vote and Resolution No. 71-256 by a 7 to 1 vote. (one member absent), recommend- ing Changes ofRZoAinH1f�rhO(0) to R-1A for certain�p w Density, g Multiple) and 5 (High Density Multiple)properties with- in an area bounded by 15th Road on the north, Rickenbacker Causeway on the south, Biscayne Bay on the east and the FEC Railway on the west, all in accordance with the attached map entitled "Planning Board Recommended Zoning", being Page 84 of the Board minutes and existing zoning as of this date as shown on attahced map entitled "Brickell South Existing Zoning", being page 83 of the Board minutes; both maps attached hereto and made a part thereof. An. ORDINANCE to provide for these Changes of Zoning has been prepared by the City Attorney's office and submitted for consideration of the City Commission. cerely, David Simpson, Jr. Executive Secretary Miami Planning and Zoning Board mm Attached: Minutes cc: Law: Department. NOTE: Planning Department recommendation: "APPROVAL NOTICE NOTICE TO, OWNERS Off' REAL 'ESTATE IH THE V/OINITY OP CERTAIN PROPERTIES WITHIN AN AAA : SOUNDED BY 15TH ROL1i ON THE NORTH, RICRENBACNER CAVEEWIN ON THE SOUTH,. BISCAYNE thY ON , THE MAST AND THE PBC RAILWAY ON THE WEST, MIAMI, PIORIDA The Miami City Commission, at its meeting of MONDAY December 20, 1971, at 10:30 A. M. , in CITY__ HA.`GL.3500 ,Pan AmercaniDrive, binner Heys Miami._P3.orida, will consider the following: Resolutions recommending Changes of Zoning Classifi a ions from R-1 (One Family) to R-3A (Low Density Mu p and R-SA (High Density Multiple) ,for certain properties Cties within an area bounded by l5th Road on the . ker Causeway on the south, Biscayne Bay on the east and the FEC Railway on the west, all in accordance wwit theNING enclloosed G maps entitled: EXISTING ZONING;. PROPOSED DEPARTMENT STUDY; and PLANNING BOARD RECOMMENDED ZONING. At its meeting of November 8, 1971, the Miami Planning Board adopted Resolutions No. 71-254 by a 6 to 2 vote; No. 71-255 by a 5 to 3 vote and No. 71-256 by a 7,to 1 vote (one member absent) recommending the Changes of Zoning. All interested real estate owners are invited to attend. 12-14-71 cm; MIAMI PLANNING, BOARD imam _ L--=-air .1 1 t _J 5-+w. 1-17.71777FITTITTT 1LbL IAPNo. 9 i f i 9 �.: A V A '/ E f P-1l LIJLJIUL1\ BAICflSOIITH :RQPOS1ij ZONING. SCALE .''u OW 1 11 CITY OF IIIAMI PLANNING DEPARTMENT. tAVE W { i { i ! Lt,. {-i i i r .r 1 .».1 744 1 PLANNING BOAR RECOMMENDED Res. Nos. 71-254, 71-255, 71-256, 11111 111 ZONING CITY OF MIAMI PLANNING DEPARTMENT., SCALE- T'" = 4Q0,' J.UCNE 1970 1131111111111111!,�IIIIIII II IncIIIIIIIIIIIIIIII IIIII III III II j i_ ' _.::1 L. J EL S.W = j J 14. Ail 1 i 1 14 I+ 1 I+ I1 •L• M 1 A M 1 1 1 14 HAP Flo , �1. R-15A A V F. ASV E F'f P-R 6 BRIQKELL QIITH EXISTING ZONING +- r 1 vo war IMO, i 1 • 12. A AA ii , l ..,. RatOi EL SOU Public Hearingto consider the toning as applied, and as recommended in the City of Miami Planning 3epartment Stu dated June, 1970 for the area known as "Briekell South°, being the area bounded on the north by S. S. 15th Road, on the south by RiekenbAcker Causeway, on the east by. Biscayne Bay, and on the west by the P.B.C. Railway. Maps of the existing and proposed marling of this area are available at the Planning Board Office, 3215 Pan American Drive, Dinner Xey, Miami, Florida. Secretary filed proof of publication of Legal Notice of Heari"ig and administered oath to all persona testifying at this hearing. pLANNING,o At'hhH _ , it COMMDAT ION : "AP pROM The reaoMmended Zoning is in accord with the Brickell Study report of June, 1970 by the city of '4i mi Planning Department. The recommended changes would apply uniform zoning classifications to the area in a comprehensive manner. Rev. Wright: All of those who wish to talk on this item, please stand now, and be sworn in. All right you may be seated Now, I have a request, and it's from Dr. Howard Gordon,. who wishes to speak first, he is on call as a physician, and I would like. for Dr. Gordon to come forward, please. Dr. Gordon. is going to testify at this time. Opposition is over on this side. You may state your name and address,. this is for the Record, sir. He is going to leave, is that right? He is on call as a doctor. All right, now, you may, for the Record, state your reason for being here, and then, we will go to the applicant. This is a bit unusual, but we want to do this because this is a physician. Dr. Gordon: Thank you. Mr. Chairman, and Members of the Board, I appreciate your indulgence. My name is Dr. Howard Gordon, my address is 1501 South Miami Avenue. I wish to speak about the - Mrs. McGraner: Would you mind repeating your name, again? Y. Dr. Gordon: Of course not. Dr. Howard Gordon - G-o--r-d-o-n. I would like to speak about a portion of the Bra.ckell South area, which is that portion on the corner of South Miami Avenue, and 15th Road. That's Lots 1, 2, and 3, Block 55, of the Flagler Tract. If I may, please. We, bought this property some - almost seven years ago, from a Dr. Campbell, who Lived there then, on the premise that we would be able to use it as an office building. It was at that ta.me,'a house. We brought the matter before the Miam. City Commission, and they approved' the change of ,zoning from R-1 to R'C-,, whereupon, we did buy the property, and we did move into that building, using it as an office, without any considerable external changes wh4tsoever. We, my partner and 1, have been practicingmedioira there,nog;, for six and a half years, uninterrupted, we still are as of this ;lay, I hope.. Now, in the existing zoning plan, that property is cieilrly • outlined as Aftd=A. the only R.4 A On the map. On the proposed. coning, that has been changed to A.14 which. cOnst.tutes.,' as far as we are nee nod, some degeee of difficulty: for us, not -only insofar -as present usage is cone rned, ieeat ne that .a where 1 make sty liveiihood, but insofar a the value of that, property is contained, in case We ever do decide to,leave, on the dotesion of someone's death, or illness, or retirement, or Whatever). - And I respectfully, subm to t%e, fonrd, that _ it' a not a matter of public goad and welfare for this:to be changed in toning from C.A. back to Rmli which was what we - from what:we originally changed it. It certainly is a matter whieh is to our disadvantage, to have it changed in this direction. And I wonder whether or not it's perhaps we're all human, know - perhaps in the teal of the person who drew this plan, perhaps the pencil line was inadvertently drawn a little too far to the right. Or, perhaps it was a matter of ignoring the change of zoningin that area. Or, if there was an intended benefit to the City, or disadvantage to tts, I cannot imagine what that would be. I would like to retain the zoning as it already is, and as it has been, for the last six and a half years. It is to no one's disadvantage, and to our advantage. Thank you very much, for allowing me to speak. Rev. Wright: Thank you very much, Dr. Gordon, for coming in. Dr. Gordon: Thank you. Rev. Wright: All right. Now, those, for, would you come on this side, please. Thank you very much for your indulgence. Mr. Murrell: Mr. Chairman, Ladies and. Gentlemen, Members. of the Planning Board, my name is John. Murrell, I reside at 1500 Brickell Avenue. I have, Mrs. Murrow and I, built this, home this coming February will be forty-one years that we have resided in this place. I come here thisevening beforeyou, to protest any such action as proposed by, or to this Board. I would like to ask Mr. Whipple: Who's behind this move? If any company owners down there have instigated this proceeding. Mr, Chairman, may I ask Mr, Whipple that question,' please, Rev, Wright: Mr, Whipple?. Would you kindlyanswer the question, please. Mx, Whipple: This is the culmination of what has been termed and is printed in written form As the Drickell, Study. The initiation of the Bric%ell Study was manyto].d, primarily one that re] atec► to petitioned changes of zoning, variances, that exit ted in the 9riGkll Area, both the Srickell South Area, and tome portion: in the 8rieksll North. Pursuant to this, the pity Lamm .ssion, and this board, requested that the Department initially study the area from itth Road north to the River, and at a later date, ask.td us to extend the study to include the area dram lSth Road down to Dickenba.aker Causeway. The whole Brickell Study is the result of these various factors, no one individual property -owner, as suet, making this requests but a need reeognited by this Hoard, the Commission, and the Department, for an overall study, and a decis:-.on as to whAt should be done,'toning=wise for the entire Brickell Area. Rev, Wright: All right, Mr. Morrell, you may proceed. Mr. Murrell: I would like to state, if the Planning Board will pardon Me. 1 formerly was special counsel for the City of Miami all during World War II and 1 handled all of the litigation, court litigation, it Was it court, for the City fo Miami. And, Mr. J. W. Watsonwas then City Attorney. I happen to be familiar with the rights of people and property Owntheers, and reatest�ineel ustiretever�perp�Yatedsal, to onpanyoneut it 1n aseffect, would be a citizen of the City of Miami. And I will tell you and point out why. This notice that I received, only just a few days ago last week. Now the owners of property along: that - on the west side: of Brickell Avenue, is Mr. William C. Worley, that's Lots 27 and 28; Lot 29 and 30 belongs to the Brickells; Lot 31 belongs to the Musicians Club of America, who is represented by Mr. Roscoe. Brunstetter, and Mr. Green. They own Lots 31 and 32. Now Captain H. Brice McDonald is theowner of Lots 33, 34, 35, and 36. And the reason he is not present this evening, he is a captain: on. National A1.rllnes, and he flies to London and back, and he happens to be in London this evening. And I . Then, we have - that's 33 Lots 33, 34, 35, and 36. Then, we have Mrs. Mae Belle Nolan, who owns Lots 37 and 38. Mrs. Nolan has lived in this home, she and her husband built that home, back prior to the time Mrs. Murrell and I` built our home. Then, the date Dr. C Roy Angell, who passed away about three or four weeks ago, I think everyone here, present, knew Dr. Angell, he was the pastor of the Central Baptist Church, and a wonderful neighbor, he lives immediately next to me. He owns Lots 39 and 40, and his estate is now in the process of being probated, and Mrs, Murrell and I owns Lots 41 and 42. So, that takes the whole left side of Brickell Avenue, way past the - up to the Unitarian . Church. Now, the Supreme Court of Florida . has held, and it's still it's ruling that a property of this nature it would have to take into consideration what it's highest and best use would be. kelp., that property is downtow►n. And, this proposal, thlt has been pro- posed by this Tigard, would amount to a eon€isoat-ol of this property it's so ridiculous to thnk of planning and zoning this property for what they're recommendingl Do you.- and I'm sure iou realize it simple, mathematics wiii show yol you couldn't even get a 'return on your investment, if you complied with the type of coping they ore recommending to you, ladies and gentlemen, - 4- November i, 1971 Item #13 • Now, another things, they have 2ened all el the bayfront, where all of the high rises are going to gay, and that Lt a wide diaerimi- nation against the property owners on the west side of triekell Avenue Why, think of shutting off the view of the bay with 'high rises, and putting a type of planning, of what they ea1l some kind of apartments . ''garden apartments" - when you - 'you have to have a manager, you donit have the proper facilities w.th'this typ. of gaining, this should be high rise itself, for.buainess. And we consider that's what it should be. And this proposed .planninq is not only unsound; but it is absolutely ridieuloua1 I would like to ask what - he was formerly ehsirman of this Board, a prominent real estate man, be was a great friend of Dr. Angell s, and he knows this situation as well as anyone, and he has been requested to be here, and lighten u:t with whate1Per enlighten benefit that he could tell this Board, Mr. Roscoe trunstetter is here with M. Green, of the Musicians Union. Ante, I just said, captain, McDonald couldn't be here this evening, because he di.ln't have the proper notice. Now, we feel like Dr. Gordon does. Ice's m'f neighbor, .Ind a good neighbor.And, this if you'll point out on this map here, you'll show right now, my residence is completely surrounded by business. I'm hanging on, because God Willing, M:s. Murrell and I we love that home, we're going to stay there, as long as op. can. And we feel, when you see, if you'll point out th:.s property, would you point out Lots 41 and 42, the Murrell property? And wou13 you point out Dr. Gordon's property? Mr. Silverman: It is behind them. Mr. Murrell: Yes. Now,: would you please tell these ladies and gentlemen what's across the street on:Bricke:.1 Avenue from my property? Isn't that the Academy of the Assumption? And diritctly across the street from me, isn't that an office building? Wolld' you please just point that out, I, would like for them to see how - what's going on here. And, on the opposite corner, there is another office building, isn't that true? Now, ladies and gentlemen, anyone come up here and ins..igate this type of proceedings, whenthe real people, the owners, the property owners� who have lived there, they love Fsricke pll Avenue, they have developed it over the years, to. come in tryandto get you to pass a zoningordinance that would kill th:s property. You couldn't use it. And I want Mr. Blackburn, I: want to.hea:: from him, and I'd like for this Board to hear Mr. Bumsteader, who is one of our leading prominent ,lawyers ,in th.s area.And, , T thank you allfor giving me the benef.t of this, tame, here, Mr. Chairman, would you please cal./ Thank you .very much, Mr. Murrell, you dian Well, thank you, sir,, Mr. B-ackmart, wou 4 you person who wishes to speak to the item? Rev. Wright; do bad, yourself. Mr, Murrell.: come? Or, the, next Mr, alackburn; Mr. Chairman, I don't own t ny property on 8r'a.ckel/'Avenue, but Vve been working with Dr, .A. cell and W. Murrell. It .seems unfair that the property r: ght diagona.ly across the street recently sold for fourteen dour ro and come Bing per square foot. The zoning proposed tor these properties th. -45- VQvember 8, 1971 item #13 1 1 hig'heat economic value it would have would be al, four dollars asquare foot. Rev. Wright: e Mr. Blackburn.* you mayproce,jd, but for ehe Record, would you state your matte and address for the Record? Mr. Blackburn: Beg pardon Rev. Wright: Would you state your name and address, for the Record? You may proceed, but if you will first state your name and address for the Record. Mr. Blackburns All right. My name ie Bitter A. Blackburn, 1 am a Registered heal Estate Broker, a realtor. Rev. Wright: All right, now, you may proceed, just go right ahead. Have you finished/,, All right, thank you, air. Cotne right ahead. State your naive and address. Dr. Clawson: My name is Dr. J. Meese Clawson, and I am the owner of Lots 25 and 26. I am sure that it was unintentional of my neighbor., Mr. Murrell, to know that I own these lots. I would just like to state that I am desirous of having the same privilege and recog- nition, and use of my property, as the people do on the south side of Brickell Avenue farther south I am in favor of this proposition. Rev. Wright: Thank you, sir. All right. Mr. Birmelin: Members of the Board, I would like to intro- duce myself, Robert C. Birmelin, Attorney at Law, 904 Biscayne Building, Miami, Florida. I am pleased to bring with me, the owners and the residents of a group of property, which will be pointed out on, the map as being Lots 5,.6,.7, 8, 9, 10, and 11 That's that one section... there by the Expressway. And, these people, I would like to call them by name, and have theme stand up. The first name is Mr..Magymimaly, that's on Lot 11. Mrs. Luihn is not here this evening, I represent her personally. Mr. Talley is Lot 9. Mrs. Love, Lot 8 - Mrs. Love? Mr. Barnes is Lot 7. And Mrs. Brenauer, Lot 6, is in Europe, but I know she is in accord with what we are saying. And Mrs. Taffin is Lot 5,'it is: a small lot We would like to say that we are definitely opposed, as to the proposed plan, and I think that some of the reasons which have been stated are quite obvious,I can recall when I was pretty small back in thethirties, when I used to have . . with my' folks and ., we would drive down Miami South Miami Avenue, and I think;we called it Millionaire's Row, at that time, and. on Brickell, and it was just,; a fascinating sight, bicycles, and so forth, it was it was really tremendous community. But, like everything else, things have changed considerably. Not just from the point of view that now the properties certainly on the bay side have now have high rises, and . . . large buildings, and the property owners just on the, say, west side of Brickell have the older Larger houses that pay a great deal of taxes, and don't get the best ¢ and the best use out of their property. But we also have the situation that's been created with the Expressway, with the at that point where people that 1 aM spea' ing for this evening are just abutting to A say - a ve ► tall structure .66. November 8, ' 1971 Item #13 • that 1 don't know, is twenty, thirty„ forty feet Agh, and we're. 5ust in a little pocket We are surrounded, we'll say, on One side, by a large avenue, Miami Avenue, on another side )iy a divid.d street, and by the Expressway. We're "right directly in a pocket. Certainly, the beet use for us is not what we have. And the proposed use, keepiftg it it that category, would certainly, we'll say, not be consistent with the other areas involved.. Now, 1 know one item on the agenda, the property 3tist to, say, the east of us, across the street, that was going to req:test the change or a variance, 1 think that's where the t-loAday Inn is. Now, there's a very good reason for, we'll say, change' to be in that area, because if you've driven in there►, which1 act sure the. Members here, have, in that area, and you see that the - and see the Change of the circumstances, that it warrants - certainly it warrants a consideration of the entire area. But it alsowarrants the fact that this area in question is a pocket. And, in the next fire years,or ten �+ea��t��'�he�chan�esttl�atsee are�rresentdeal more going change consistent g presently there, and to the east of us, on the water. Thank you, very much." Rev. Wright: Thank you, very much, Mr. Birmelin. All right Mr. Brunstetter, would you state your name and address for the Record, sir? Mr. Brunstetter: I am Roscoe Brunstetter, I am Chairman of the Board, and also Attorney, for Musicians" Club of America. Musicians Club is an eleemosynary organization. It operates tinder a charter of corporation not for profit. It has two great objectives, first it seeks to cultivate an appreciation of music. And does this by giving concerts, small concerts. It puts its members andmusic lovers are invited, they have it every day - every Sunday of the year. The other is to provide a home for aged musicians,' who have sacrificed to their profession of making music, rather than making money, and they need some place to live, in a proper atmosphere, in their old age. The Musicians Club acquired this property at a time when we had property, and:. had our clubhouse down on Brickell Avenue, but we couldn't get permission to enlarge it, or improve it, because when the ordinances were written, and the rules were made, itwas thought that a club always meant loud music, and some drinking, and things thatwere not in keeping with what they wanted in that area. Whereas, out Musicians Club was exactly that way. Well, anyhow, Ladies and Gentlemen, we have this property two lots, 31 and 32, and we hope sometime that we may, either sell" them at a good profit, or build something there, for our Members. We had hoped that that's where it would be, originally, - not originally,.' but many years ago, and we feel that, to say that on. our side of the street, we have to havegarden apartments, andright across the street they can have high rises that shut us off from entirely .- from the ocean, and the bay, and things like that, doesn't seem right. And 1 think that Mr, Murrell expressed it correctly when he said it was a gross injustice. We feel very much that way, We hope that you will not put into effect this xonins that is prt.sently contemplated Than you, very much Rev, Wright; Thank you, Mr, Brunstetter. mm November 8, 1971 Item #13 Mrs, Barkin t. My name i Edith harking, add reside at 54 S W. 24th Road Rev. Wrightt All right, Mrs. harking. Mrs. Barkinst 1 art hot really objecting, because i would like to commend the planning hepartment for puttiftg it' the buffer cone of R44A betweenthe conorete canyon of R-5-1 and the R-i part. Bssentiaily, even though there is an ere:%sway there, the character of the neighborhood is still R-i. And ::, would like to pint this out. I live adjacent to the 'eicpresswkr, five feet from it, and my land value has just been increased throe thousand aoliars and my taxes went up, too. So, evidently they don't consider the expressway a - to cause a decrease in your land value. Now, what 1 would like - 1 think it's a good cut-off from 26th Road the way it has been set up and I have been to many of. these meetings, objecting to previous plans, I really think this is the best one they have come up with. But I'd like topoint out one thing. Presumably, or, conceivably, the east side of Miami Avenue could become one long parking lot. Because even though Brickell Avenue on the west side is R-3, the back of it, or, Miami Avenue, is is still R-1, but they could put parking lots there. Is that not correct? Mr. Silverman: As I understand it, it would be a "Conditional Use", which means, they would have to come before this Board for approval - each lot. Mrs. Barkins: Well, I am thinking of the example of the Holiday Inn, on 26th Road. They have the Brickell rezoning for R-3-A, but they have a parking lot on Miami Avenue, still considered R-1. Now, there is an ordinance in the City of Miami, that makes it compulsory to have shrubbery or planting if there is a parking lot, to beautify the parking lot, to keep it from being unsightly. This is not enforced in the case of the Holiday Inn, and the reason I am told, which is entirely incorrect, is because they were court rezoned. It is true they were court rezoned, as far as the Brickell. Avenue side is concerned, but they were not court rezoned for the Miami Avenue side. Now, it seems that they get away this violation of the law, not having. shrubs. What is to protect, the residents of this area, from having the same situation occur all the way along Miami. Avenue? Mr. Silverman; Well, as I understand the law, the Building Department has taken the position thatall existing parking lots that were there prior to the landscaping ordinance, need not comply 0 with the landscaping ordinance, All parking lots that go in sub- sequent to the effective date of the landscaping ordinance, must comply. All o€ this property on Miami Avenue, which is zoned R-1, if the property owners attempted to change that into a parkin )ot, they would have to come before this Board, each individual lot, for A "Conditional Use". At .which time, this Board would have cos trot whether or not to grant the s'Conditicnal Use", and :if .so, would have. control over the landscaping and the layout of the parking lot. So, there is some control of all new parking lots. All, wasting Perking - @= November 0, i971 Item #13 • lots, there is no a-ontrol, aoLord.ng to the way 1 understand the last is interpreted. is : that right? Mira' arkinn well, I tnow yev i re not gc iv g to pleas everybody, but 1 think ,you havO done A eommendablu job, in trying to protect the homeowners in this area., pf eouree., all of the triable began with the expressway. Rut -I don't stye any reaeon in breaking down,the eeotion entirely, just beoaiae the expressway is there. I've learned to live With it five feet awkr, i like my home, I" like being where "1 am, and think I need ,protection at welt ae the other single' amily dwellers in this area. Thank you. Rev. Wright: All right. Yes, go ahead. Mir. bavant: My nave is Fred riavant, i live at Number 80, S. W. 17th Road, at the other end of the map there, right across from Simpson park. Now, my argument will probably; shock some of you, because historically, in a situation such as this, the single family home- owners, just as the nice lady that just spoke, is desiring to hold that zoning. 1 built that home there about fifteen years ago, and I live on as nicer, as finer street, as there is in Miami. I can walk to my work if I have to. It's a delightful spot, right across from a nice park. But when I built that home, I knew that in time, that was going to be some type of apartment dwelling in that area. Now, what this proposal is, is nothing but a built-in situation to slowly encroach. Now, just as she has pointed out, as soon as you rezone this entire back lot of Miami Avenue the one on Brickell, to R-3-A, you are going to find that there's going to be a pushing and a shoving, to get some parking back on Miami' Avenue. And then, these people down here in this little corner, at the expressway, and I don't blame them, they're going_ tobe saying, 'we can't use that as a one - family dwelling' - there is already a situation before the Board that. was taken off, earlier, for the Holiday Inn down here, they want to do something else. So, this is nothing unusual, it's not unnatural, it's a normal progression. And to say that this entire area will not one day be apartments,` we are just fooling ourselves. Now, rather than do on this basis, why not take the whole area, and if you want to start, my friend John Murrell, notwithstanding, at the bighrises, and the lowrises, and a little lowerrise, then, I don't know how it best could be done, but you're goi.ng to have to have more density of people in our close in areas. And this is a coming thing. Air conditioning in Florida. has changed our concept of living, and no ,more do we _ all go out and run ard buy a .;lot of our own, we're going to live closer together, a higher,, density of people, transportation makes this necessary, sewage disposal, "garbage ,. pick up, all of the services we have. So, I don't see any reason to create a worse situation than what you've got right now. It looks nice on paper, because you're getting all of the lanes straightened out, and everything is just right: But look at that ¢ look at that other hodge podge you'' "e got there, 5-A, R-1, R'5=A, R-3-A, and you're going tc have exact;•y the 6AMO type of thing with a steady pushing. I say, that the whle -69 November B, 1971 Item #13 area aught to be studied and re2oned into eorpatil,iiity, c that everybody in that area will know where they're go. ng from now on. Thank you. Rev. Wright: Thank you, Mr. »avant. All 'light, anyont else? State your name and address, please. Mr. Rri ke .1: My haftte is W. t. Rriekell, I: live at 1b!, S. E. Ath Street. I +awn lots 12; and : i r of Sleek 6.It's on the north- west earner of 2Sth Road, and Miami AVenties With the traffic and everything going by there at the present time, I cannot sell the property ,s residential, it's impossible, because you've opened tip the expressway exit, and 1 object to the,"fit-1 zoning for that district there, the same as the people on the south of me. Rev. Wright: All right, Mr. Brickell, thank you. A11 right, is there any one else? Mr. Heckner: t will address my remarks to the area beginning at approximately S . W. 17th Road. Reif. Wright: Would you state your name and address for the Record, please? Mr. Heckner: George Heckner, 100,Biscayne. Rev. Wright: Thank you, all right. Mr. Heckner: Beginning at Lots 46, owned by Mary Ann ?erre Coe, i Lots 47 and 48, owned by Mercedes Ferre, and Lots 49 and 50, owned by Miami Caribe Investments. This property was developed as single family residence, is being now used as single family residence, and is proposed to be used in the future as single family residence, and we would like' the Record to show we stated so this evening. Rev. Wright: All right, Mr. Heckner, thank you, very much. Dean, do you have anything to say? • Mr. Burns: Excuse me, Mr. Chairman, I didn't quite' hear what he said there at the end, as to what he was recommending? (Someone on the Board answered: "R-1".) Mr.Birmelin: Mr. Chairman, Mr., - Mr. Magymimaly; Magymimaly. Mr. airmelin: Mx. M. here, would like to say a few words regarding his property . . . he has the most modern home that I have seen, a beautiful residence, a two-story affair, andit's . Mr. Magymimal.y; 2520 - I live 2520 South Miami Avenue, my name, Caspar Magymimaly, M-a-g-y=- ►-i-m-a-l-y• I have been built this house eleven years ago, the South Miami Avenue was one of the ncest residence homes, But, last year, next to me I had a two-story residencewhich one some people came from South America' or some Qhere, Keyes Company came to me, Do you want to sell your home",.I don't want to .sell it, "we want -7�i- November 8, 1971 Item 4#13. give you a hundred thousand dollars for it", 1 didn't se:i. Today, if I want is set ., i don't know can '1 that sil ty, or fifty thousand dollars, because I know I don't want to atop the progress. When the highway carte overhead, a . -ahoy had to take off half of my home, but the engineer who made thii highway, they came out and saw my . house and they told me, "we like to save you, your nice, beautiful house". The first time I thought, have .,been thinking, they will save my hone, but . $ build the highway almost immediate everything . . the highway foundation, any de an Tepherd got -gets sick . by the noise, but always .1 don,t want to stop the progress, and did not say nothing. But, now, we are everyday, we live in thi:i home, we cannot sleep upstairs in the bedroom, we have to sleep downstairs, 'p cause the highway, and the big trucks Coming and doing . .1 am not an authority, but 1'think . . . my bedroom from the lights. In this section all - couple of houses, my neighbors, this section cannot use R•-1. r don't know they can use some business, or some other higher, because these cannot use at all for residence section. 'these are some of the nicest section, the highway ruined it because of the noise. Rev. Wright: 'thank you, very much. All right, is there anyone else to testify? State your name and address. Mr. Pitts: My name is Douglas Pitts, I represent Delphi Investment, the owner of Lots 53 through 62, which is on the east side of Brickell. We are presently zoned partially R-5-A, and the remainder, which is six lots, are now zoned R-1, we're in favor of the proposed rezoning. Rev. Wright: Thank you. Anyone else to come to testify? All right. Mr. Whipple, do you have anything further to say? Mr. Whipple: I am available to answer any questions that the Board might have, we have discussed the study sufficiently in the past. I am available to answer any questions the Board might have, and I think we will confine it to that point, we have discussed the study in the past, I think" we are all knowledgeable as to what is represented here in the recommendation tonight. Jus t - I would like to doone thing, is, by throwing the existing zoning map on the projection screen for a moment, and let you look at the situation we have today, and then you might seemore readily what one of our main objectives is, in our proposal, tonight. You see quite a , . . not a number of various types of zoning districts, but you see a very spotted zoning apple -cation, whichhas occurred overthe years, for various and sundry reasons. Many, and the majority - Qreasons,which are now not true, The question of f taxes came up before, along the bayfront, things cif this nature, and as a result, we've been rezoning this area, ps?rtit~uiarly along IF the Sri ke l Avenue frontage, cn a very piecemeal basis. As you can see just from this map we have before you, tonight. So, one of the main objectives is to make the zoning changes recommended, a compre- hensive change, appropriate for the area, which nc't only the 13r,ickell Study related, but previous studios in the Brickef i Area, and we feel these are the appropriate clan*ifioations for the area, Rev. Wright: Thank you, Mr, Whipple. All right,t :h time we will close the public hearing, Mr. Silverman? Martinez: What do you think is proper zoning for your Mr. Silverman. Wore we MVO an, asn 1 'ark you Wne question, .on, sir/ Your property has me ea:tee ned. t know you don't like the choice, but would you rather have it-l=A, or ft-C-kii 114..A is the property directly to the west, which is toned for offices and doctors, that spoke first. Would you rather have his toning,, Or would .you rather have R-0=A toning/ 1 know you &net like either one. Mtn. Murrell: Would you please explain the d .ffereftees`s mot,, yVj yW yi.�yMr. Silverman: Well, l had better let somebody more fessional. Mr. Whipple: The It-C-A toning classification, which in applied to the property northerly to the doctor's office, 1r. dordpn, I believe it was, who spoke first. The t-C-A classification is a limited office. It allows single family, duplexes, two family dwellings, or two-story offices. It is limited to two stories, thirty percent lot coverage, but does permit office development, with residential setbacks, or, single family or two family development. No multiple family. The R-3-A is a low -density garden type apartment multiple family. This district that has been applied and modified, incidentally, since our original R-3-A, applied to the Brickell Area, we now have two or three developments under this type of zoning, that does allow apart- ment development of a low density nature, with ample green area around it, and accommodates a maximum, I believe, of approximately twenty or twenty-five dwellings, and it's an acre, as opposed say, to a regular R-3 zoning apartment district, which would allow in the vicinity of forty or forty-five dwelling units an acre. Mr. Burns: Mr. Chairman? Mr. Chairman? Rev. Wright Mr. Murrell, Mr. Silverman did direct a question to you, and, Mr. Silverman, would you- Mr. Silverman: I would like for him to answer Rev, Wright: Cometo the mike, Mr. Murrell, 'Mr. the proper just don't Murrell: We don't want either one. Because it's zoning for that type of property. And, therefore want either one of them. the question. andanswer him. not we Mr. Martinez: Which one do you think is proper zoning? Mr. Silverman: He doesn't want either one. Mr. Murrell: Pardon me, I didn't get Mr. property? Mr. Murrell: I thank the proper zoning, this property is downtown, and I think the proper zoning, when the time comes, should be for lousiness and/or apartments. I know a building that was planned to be put up on the McDonald property recently, and because of this type of zoning, they couldn't it, it was a. nice, beautiful, ten- story building, And, I don't want to be a wart on the tail of progress. I' want to go along. But to do what they're advocating ,for tibia Board to do, would be doing, and replacing and destroyinT the very thing November 8, 1971 Item 013 • for which this property is really, could. be used ±'er, &ftd for its best and highest use. May i ask that Mrs: Murrell be able to say a few rds in reply to some of the others'? Rev, Wright: yes, Mr. Murrell. Just state your name and address, Mrs. Murrell, for the Record. Mrs, Murrell: Ethel Ernest Murrell, BOO Brickeil Avenue. Mr. Chairman, Ladies and Gentlemen, naturally, i'm interested in receiving fair and honest return on our investments. But I am also interested in other aspects, and 1 quite like what the Planning Board has said about keeping some of the beauties of Brickell Avenue. They say that's why they want to victimize us, is so they can have some landscaping, and some little mock family homes, though we know those little garden apartments are not ''family" homes at all, they turn into slums very quickly. Now, I am interested in the ecology. T am chairman of a committee which calls itself "Preserve Nature". It means exactly what it says. Then, by all means, let the other side of the street provide some of this, as well as our side of the street. Now, they've got high rises, that are cutting off the air, the breeze, cutting offthe light, cutting off the view. We have a beautiful academy on the other side of the street. Then, let us have a few high rises on ours. Let them keep them. Let them display gardening, and so on, and so forth. Why victimize this one little group of people, who have done nothing but pioneer Miami and do the best they could for their community? We don't want to be made sacrificial lambs. Please don't sacrifice us. Thank you. Rev. Wright: Thank you, very much, Mrs. Murrell. Now, Mr. Silverman, you may proceed. Mr. Silverman: I think that is all. Rev. Wright: All right, Mr. Burns. Mr. Burns: I would just like to answer Mr. Whipple something. was impressed by what this spokesman over here had to say, and the problems' of some of the people on Miami Avenue, and 'I think the overall, plan is a good one, and I am veryimpressed with the benefit I think the overall community would receive from it, but I am curious if there is any rational way of breaking up a less intensive use along the bayfront, so the people on the other side of Miami Avenue aren't living across from a concrete canyon, and so that those who - • , would be satisfied with a less intense use of their property wouldn't be penalized, 1 think it would enhance the beauty of the area, if you had varying heights, rather than a mass of intensive development. Have you considered any - is there any logical way thai we could not have the R-5-A all along the Waterfront i November a, 1971 Mr. Whipple! TO be quite pointed in answeving your f u,Istion, 1 would halt@ to say, to My knowledge, net BUt lot mo pass on a few reassuranees and perhaps MOO of the reason for stating this. it is easy to 'See just from the emitting toning map the untenable position we have placed oUreeives in with respect to zoning district application. Should we be ehallehged, and go into the courts, there is it not just a question Of the courts, but its just logically looking at what we have there, how do these properties presently .coed t-1 differ from the properties that are coned i -5. Por this reason, 1 think it has to be a uniform application. Your point with varying heights is well taken, and I think ehis is abeneficial type of development, but to accomplish this, I'think we will have to rely upon time and circumstances, and our regulations .in - of the R-5-A development. Number ono, setbacks, and spacing of building requirements are requirements of the:R-5-A district. So we do get some separation of building. Number Two, the existing development, i think, along Brickell Avenue indicates that notwithstanding the fact that it is zoned to permit high rise development, all of the development that takes place there is not going to be high rise. Specifically, we have three apartment developments that run the entire length of Brickell Avenue to the Bay.; Two of them all three of them - are down toward the southerly end. These two lots here, and this lot here, - are developed low rise building, which do not exceed three stories, with parking underneath. So, I. think, as a natural course of development, we will see not a high rise on every lot, but we will have this varying development, because the economics, of apartment development dictates that on your low rise you appeal to one type of economic class, and on your high rise, you have to appealto another. And, as has been pointed out by three low rise apartments, there is a demand for both in the area. So, I think we have some reassurance that it is not going to be a constant wall across the waterfront. Mr. Burns: I - I just - I am wanting to agree with you, but I am just hesitant to think that if the land is zoned R-5-A, its value escalates up to a point commensurate with that type of zoning, whether or not it would be economically feasible for somebody then. And I assume he would be taxed at that rate, to then develop a little two or three rise. garden apartment, I hardly could - Mr. Whipple:: This is an interesting point, to not debate it, but if you will go along with me, I will, from memory, two of the low rise apartments have a density of approximately,. I believe, fifty, dwelling units an acre. The Brickell Town House,' which is a twenty- one story mult.ple-f5m3.lY, has forty-four dwelling units an acre. Now, herein lies your economics as to what the area can sustain. Now, it's an interesting point, but that's physically what exists there, today, for instance. Two examples. Rev, Wright All right, them, Mr. Blackburn .. Brunstetter, • Mr, Brunstetter: Brunstetter, 1 would like to call attention to the similarity of analogy between what we have, what we're talking. about here on Brickell Avenue and Collins Avenue, on Miami Beach, north of the Roney Plaza Rote On the ocean aide you were re going to keep d +wn the the acme rights to people on Iwo hotels, The Beach didn't say populationratio here, they just have the wet aide of the avenue, to build s aS they wished to there. And, .I had that same situation here, on that would be fair and equitable, advantage of both the public artd think that we would do., if wa Arickell, we t«rou'A have §atn@tieing and would work out to: the great the owners. 'Thank you, Mr. Silverman: 1 cotlidtt't be More in disagreement with you, if you're &eking, us to have a Collins Avenue, t couldn't be more in disagreement. tecause t think the way that west aide of &ailing Avenue has developed is just obnoxious to ene, I think it'a terrible. And 1 certainly would be strongly opposed to that, If that's what you're asking to have high rise on13oth dices, T would be strongly opposed to that. Rev, Wright: All right, any further discunsion among the Board Members? Mrs. Gordon., Mrs, Gordon: Yes. I want to state that it appears tot'\e that we haven't had much development with this t-3�A, ands have never felt that 11- 3-A was a good zoning. The developments that have been put in with it, to me, are not attractive, and to me, are not complimentary to the area. I am not saying I want high rises, but I don't think we need to change just for the sake of change. I thinkthat the Department ought to come up with something really suitable. And I don't think R-C-A is suitable. And speaking of the east side, which has the R-1 and the R-5-A, I recall very distinctly that the only reason why the R-1 was left,R-1, is because the people who live in those properties desired to have it remain R-1, and it was understood, when this area was first planned for R-5-A, that when therequest would be made by those individuals for R-5-A, that it would be almost auto- matic that it be granted. So, why impose an R-5-A on someone that's going to stay in. a pieceofproperty, and use it as a home, theyhave no intention. of developing it as an R-5-A, and why do that now? I. just don't understand your thinking. Rev. Wright: Mrs. Gordon, - yes. Mrs. Gordon: Mr. Whipple, would you answer to my question? I don't think R-3-A is good in here, well, I assume you didn't either, by the tone of your voice, with things you said, previously. And in, our previous conversations, feel that R-3-A was a - a really fine, high class wonderful classification of zoning. Mr. Whipple: If I could perhaps, sit as a judge, we might get the high class development I feel -s appropI'irte for the area, but I cannot sit as a judge, as you cannot, I didn't mean to have. a bad tome in myvoice, because the changeswe made to the R-3-A district approximately a year and a half, or perhaps two years ago, have helped, n my estimation, tremendously, the intended character that was set forth by R-3-A, NOW, perhaps, erha s� perhaps, earha - s, it will undergo another changt', as : we review, it further.` We agree with you there hat'n't been that much development. But let we say trap. Just as occurs od in the f,1st revision to the R-3"A, the des€lty was lessened over what the density is less now than what WAS originally permitted. In my opinion in wpr)ing with designing such regulations, if we et:41140mo fcr the -75- November a, 1971 item:#13 oritinal intent of a high class apartment developttent, on tha side of trickel , under those circumstances with the A-1. to 'Me sitte, the traffic, the circulation, the high. rise on the 'other, and Al things considered, I think would result, perhaps, in a looser density., and more restrictions on these of the land t feel that we've got a very workable ordittiande,and l think 9e have another one coming out of the ground, I understand, too. An A-3-A development, that is being started down there, in addition to the one we have wider the new regulation, which it an acceptable development, but perhaps not the best in your and my eyes, We also have a - A which was culminated the change, or caused the change in the original A-3-A. To answer your second question, there is no reason why this property cannot be uniformly zoned, at this time, just as the people. would like to stay there, say, in their homes, they can continue to do so, and the R-5-A application of zoning will have no effect on. their property. But, on the same hand, it eliminates the necessity for, these individual property owners, when they do want to come in for a change of zoning, of going through this process of public hearing, and things of this nature. If there was a detrimental effect to the application of this R-5-A zoning uniformally, I would agree with you, but there is no argument to our knowledge, or no reason to our knowledge, why it cannot be uniformally zoned R-5-A, and people would still develop it,. when they saw fit. Mr. Ferre has stated in the past he wants to continue to live there, we know this is fine. Mr. Wohl, his neighbor to the north, has expressed the same interest, - one further on down - well, this is fine, they don't object to the R-5-A. They objected to the R-5-A originally, because they thought it would affect their tax roll. Now, we kept this out quite clearly, and the tax assessment, on those properties is all uniform, whether it's R-1, R-5,improved, or unimproved, you have a basic uniformity, in the assessment of the land value of those. properties. And this has been used as an argu- ment before, as you may remember, not to zone it, and we found out this is not a statement of fact. Mr. Martinez: Mr. Whipple, I think we need some clarification that some statements have been made here that we don't want to have another Collins Avenue in here. I think under the 5-A district with the ordinance that we have now, we could never have a Collins Avenue. We're not going to have wall to wall concrete on that side of the street, because I would be against having an R-5-A, if this is what. we're' building. Mr. ; I agree with you a hundred percent, I don'tttsee Whipple; le how this could possibly happen, unless we change the regulation • and the fact that we - Mr, artinez: The regulations that we have, the open space required, the parking lots, we've got greenery in there, so that Collins Avenue could never happen on the right sic*, if it was on. the left side too, it Would be the same ways Rev, Wright; All right, Mr, Silverman, the s is in you' district. Mr, Silverman; l 14e1414 move all of the property east of Drioke3l Avenue in accordance with the proposed srieke11 South. -76- Novombcr 8, 1971 1tsm # /3 Pr posed Study to A-5-A. Mr. turns: ERcua'e Me, Mr. Silverman, a po.nt of order, are you going to do this section by aeation7 Mr. Silverman: Yea. Is there and reason ,tor it? Mg, turns: it's jUat that this is a camprehenaive Mr. Silverman: 1 am rezoning all of, the property last of trickell Avenue, l consider that comprehensive, That covers a huge number of lots. Mrs. Mc raver: I. will second that motion. Mr, Davis: Moved, and seconded by Mrs. Mccraner, to recommend the change of zoning on R-1, R-5-A, of all property zoned R-1 east Of Srickell Avenue between N. E. 15th Road and the.Rickenbackvr Causeway. Rev. Wright: All right, Mr. Davis, would you call the roll, please. Mr. Silverman offered the following resolution, and moved its adoption: passed RESOLUTION NO. 71-254 RESOLUTION RECOMMENDING A CHANGE OF ZONING CLASSIFICATION FOR ALL LOTS ON THE SOUTHEAST SIDE OF BRICKELL AVENUE BETWEEN.S. E. 15TH.ROAD AND THE RICKENBACKER CAUSEWAY FROM R-1 (ONE - FAMILY) TO R-5-A (HIGH DENSITY MULTIPLE, AS RECOMMENDED IN THE BRICKELL.STUDY, AND AS SHOWN ON THE MAP, OF EXISTING ZONING ON PAGE 83 OF THESE MINUTES AND THE MAP OF RECOMMENDED ZONING ON PAGE 84 OF. THESE:MINUTES... Upon being seconded by Mrs. McGraner, this resolution was.: and adopted by the following vote: AYES: Messrs. Mmes. NAYES: Messrs Alfonso,: Burns, Silverman, Wright. Gordon andMcGraner. . Dean, Martinez. • ABSENT: Mr. Kalil. Rev. Wright: Just a moment, are we voting an N. E. or S. E.? Is this what you want to know, Mr. Brickell? Mr. Davis: 1 understand your correction,. Mr. Bricke3.1, it is E. 15th Road. Yes, sir. Rev. Wright: All, right. Mr. Martinez; I am going to vote "No", beclure I want o know what's going to `Do on the other side, before E vote. M. Davis; The motion p.*uses, six to two. Mrs. Oordons Mr. Whipple, I based my "Yes° vote on your statement e.nt that the tax assessments were uniform in that area, +Rath_ the Rug and the That was .definitely 4 fait NoveMber 4, 1971 #L3 Mr. Whipple: Ye§, ma'am, a000rdinq to our re§earth an 1 study. f have the aase§§menu here with Me, if you want to look at them. Mr§. dardon: You mean, the land value? Mr, Whipple: Yes, based upon the area. 1rt other word§, these lzt§ vary individually, because they have different lot area, some have bay bottom, and some don't. Aev. Wright: All right. Mr. Silverman: All right? The most controversial judging by the crowd is thatproperty�- e people yi�atie spoken the that is currents toned A 1, that is proposed to be toned Ai- 3 A. Most of the p are unhappy with the change, they feel it should be higher than t-3-A. And they may have a point as to the criticism of the existing P-3-A Ordinance. The first ordinance, was certainly not, satisfactory, it was changed some g time ago. I think only one projE�ct has been built under the new ordinance, and I am not in a position to say whether or not the existing ordinance, as amended, is satisfactory or not. However, I. personally, do not feel that any higher density than the existing P.-3-A should be permitted on the west side of Brickell Avenue. I certainly don't think we should have high rise on the east side, and high rise on the west side. That may not be exactly what Collins Avenue is, but it's well on the way. And, so, my proposal will be, to - in accordance with the study, change the R-1 lots along the west side of Brickell to R-3-A, in accordance with the study. Mr. Alfonso: I second. Rev. Wright: The motion is to change from R-1 to R-3-A. Mr. Davis, would you call the roll, please. Mr. Davis: As I understand themotion, it is to recommend a change of zoning for all properties zoned R-1 between N. E. 15th Road, and N. E. 25th'Road .on the Mr. Brickell: Excuse me, that's South again - Mr. Davis: I am sorry, yes, on the South East 15th Road, S. E. 25th Road, on the west side of Brickell Avenue from R-1 to R-3-A. . Gordon: Wait a minute, there was no discussion on this. Rev. Wright: No, no, we can have a discusEion.on it, did you wish to say something? Mrs. Gordon, yes. I just think we are moN ing to be ei:ped3.ent,: rather than to be realistic that this is a poor zcning, this It-3-A. And, because you don't have anything else you want to use right now, you want to use that. 1 think you need to come up with something that is - I don't mean more density, perhaps even less. But, the ertire R�-3=A, in my opinion, does not produce a very attractive area. And I wouldn't concur with this motion for that reason. 1 would like to see the Planning Department come up with something that is a more appropriate typo of development, and even if WO had to ,change what is R-3-A to November a, 1971 :;tom #13 • • somethinq a se i guoh At We did in trickell N rth, we dams q With soMethinM that Was f'1 w, and erdative. Mr, Martinet: Mr. Chairman, I whoiehearte,1iy agree with the statement Of my oolleagtd, Mate cordon, on thit, How cart you put R.4.4 of one side of the s ..rest, and tften, hold suoh a low density on the other side? We hate to Conte to a medium here. To have one type of high rises on o:ie side, and then go dog to garden type of apartments on the other side. Rev. Wright: Well, I'd like to say this for this Record, I'd like to make this statement, too.. It appears to the that these people are being taken advantage of, in this light. across the street from my hou•,e you petita ten story building, and then, i have to suffer all so:=ts of inhibitions because of this why I can't build too. Now, that's the way I feel about it. It appears to me that the majority of the people in this area wants what they have across the street, no more than right. These people aren't young people. I'm quite sure these people they've come a long ways - let me rephrase, 1pt me make that statement over. These people aren't young people, these people have lived a long time, and they are wise people, and aren't poor and hungry people, and I don't think they are just looking for a dollar, so to speak, I think they are just looking for that thing which is fair. Mrs. Gordon: Let me set the Record straight for my own position position, it's not - Rev. Wright: Well, I stated what I havein my own mind. Mrs. Gordon: My position is, that I don't like the classifi- cation of R-3-A, not that I concur that we need to match both sides of the street. Iwant the Record to reflect that. I just feel that this R-3-A is not the proper type of use for that area. It is the proper use, but it is not the right kind of development. It's. - .attractive development, and I think you need to come up with some- thing that is better than that, in order to make this area ahind of area it should be.. Rev. Wright: Someday - I'd just like to say this, someday, there will behigh rises on both sides of the street, it has �o come,. if people live - I think it will. Mr. Silverman: I don't think so. Mr. Whipple; Well, we must remember that you do have a_time element when you deal with zoning and planning of this nature, of this type. I am not saying your statement is rigbbt or wrong, I have to agree with. Mr. Silverman, in part, I thia it's putting it in a time frame that's a considerabledistance oft.' The whole position. of the Department,, or the basic positionof the Dpartment,is recog- nizing the fine residential area that does exist immediately ;.n back of this property. Recognize that we are talking about lots tLat,:are physically, considerably different than those properties on the bay. side of Brickell Avenue, and that the circulation in the traf!ic that occurs on Brickell, this is what the area can sustain, and oast accommo- date, within reasonable bounds, and means, at this particular point in: time. Mra. aardof : no you have under study at tine present tAle, WO new concepta.fof the modern type of housing, Planned Unit Development ciuete? houning, and ao north? Mr. Whipp1et we are working gton ordinance, ation§ of. a cofisider thin nature, to be indorpora d in rice, they aren,t necea-. sar ly districts an such, but concepts that may be applied to various districts in the future. Planned Unit Development being one., cluster housing is a statement, Or a type of development that is perhaps leading by its name. I would question, if you would permit ate, the applicability of the pure cluster development as defined today, the applicability to this area. Planned Unit Development it a Concept that might lend itself to this area ih the future, providing that it was successive ownership of large parcels, not under individual lot basis. Mrs. Gordon: Yes, I understand, just a poj,nt of information. Rev. Wright: Mr. Whipple, you know, I have my own philosophies and thoughts. 1 do know that you are speaking of a time element, there Will come a time, not only will you go up in the air, you'll go down under the earth, and it happens, 1 know in Washington,.D. C., there are buildings there that are ten or twelve stories high, and the same building goes six or seven stories down into the ground. It's going to be that way. This is a growing community. I have my philosophies. There was a time, when I was a boy, my father was a minister,' and we went to church in a what you call it - a horse and cart - I wouldn't dare to drive up in front of the church like that today. It's changed. But anyway, we have a motion on the floor, the motion is to change the zoning from R-1 to R-3-A. Mr. Davis, would you call the roll, please. Mr. Silverman offered the following resolution, and moved its adoption: RESOLUTION NO. 71-255 RESOLUTION RECOMMENDING A CHANGE OF. ZONING:. CLASSIFICATION FOR ALL LOTS ON THE SOUTHWEST SIDE OF BRICKELL AVENUE BETWEEN S. E. 15TH ROAD AND S. E. 25TH ROAD FROM R-1 (ONE FAMILY) TO R-3-A (LOW DENSITY MULTIPLE), AS RECOMMENDED IN THE BRICKELL STUDY, AND AS SHOWN ON THE MAP OF EXISTING ZONING ON PAGE 83 OF THESE MINUTES AND, THE MAP OF RECOMMENDED ZONING ON PAGE 84 OF THESE MINUTES. Upon being seconded by Mr, Alfonso, this resolution was passed. and adopted by the following vote: AYES: Messrs, Alfonso, Burns, Silver an, Mines. Gordon and McGraner, NAWS: Messrs, Dean, Martinez, ,Wright, ABSENT; Mr, Kalil, Mrs. Gordon: (On Roll Ca3.i) As I stated 3 efore, I wo“ld object to the R-3-A classification, 1 would prefer •a '4efc anent, and ;.:anther attady on this property. But rater than risk the pgsa13 11ity of high -80- November P,, 1971 001 #l3 rise on that side, f roil:i have tvote with theft t .On. The motion ante Mr. f3�Vis : ` panted, five to thrde. Rev. fright Ail right then, the Motien pilssed five tr, three for approval: of the proposed coning. YOU can sppoal to the City Aommitaion. Mrs. Mcdraner7 Mrs. McGraner: Mr. Chairman, may I ask Mra. Cordon, west other type of caning would she cot sides appropriate in that atee? Folks do not went 11-1 Mrs. Gordon Mrs. MoGraner, it isn't another type of toning, it's the site type of zoning, :but an ordinance wh:_eh would develop itself into e more attractive kind of development,, than the It=3-A permits. I don't like the t-1-A.itseif. Mrs. McGraner: well, Mrs. Gordon. Mr. Silt' erman's comment before was, that We can change the R-3-A, and I was willing to go along on that basis. Rev. Wright: Mr. Davis? Mr. Davis: There is one area left, Mr. Chairman. There is a motion in order to either change it, or leave it Mr. Silverman: There's one moreapplication, one more change that the Staff proposed, and that's Dr. Gordon's piece, which is R-C-A, they propose to change it to R-1. My suggestion is to leave it the way it is, so therefore, I wouldn't make any further motions, unless you want one. Do you want a motion to - no furtherchanges, whatever you want - Mr. Davis: There should be a motion on this, since the study'. was recommended the study has to go before the commission Mr. Silverman: I would move to leave the is-C-A alone. Gordon: I second that. Mr. Burns: Jerry, if I might, there isn't a rational break of a street or anything there, is there? Mr. Silverman: Is there what? Mr. Burns: Is there a street there? Mrs. Gordon: No. Mr. Silverman; Let me, see what you are talking about -, Mr, Burns: There -s .a street there to the south of thc! property? Mr, Silverman; It's an alley, Oiscusaion) Mr, Silverman would be vet►, willing to change the lie:a just south of that to R'-C"A, but the .owner didn't want it, Qtherwiao,. -81- November . a, 1971 Item #13 we would have both pieces Rad-A, Any. time he wants it, as far it§ 1 NM conoerned,.he can change it . . . isaVe this bn Mra. dordtsn: MAY I ask you how compatible is R c-A with the R-3-A, in your opinion, Mr. Whipple Mr. 5i1Vernan: 'i o story office. Mr, Whipple: Well, 1 really couldn't answ.ir, Mrs. Jordan Mrs. dordcn : I don't moan on this piece w:s but I rE talking about, Mr. Whipple: I can, say this, they are really both maiAtain residential setbacks, your intensity of developme;tt, perhaps, could be higher, in your R-C-A, with certain type of of::ices. Mrs. Gordon: Yes - rimy question to you is based on the fact that I don't like the R-3-A, and if someone wanted the R-C-A, you know, instead, on the Rrickell side, would this be a compatible combination of uses? That is what I am asking. Mr. Whipple: Not in our opinion, in this .nstance. Wo feel this - - whole character of this l5th Road to 25th Road should be residential, and if you'll go back a few steps, wc: even changqd some of the R-5 we had applied along the Bayfront, came up with a new R-5-A district, to eliminate the commercial aspects of this high rise district - that high rise district -,to eliminate, any commercial influence. So, the whole intent of Brickell.Area is ti'at,of residential, and for that reason, I would say, no, it would not be compatible, and would be at odds with what we're trying to promote in this area. Rev. Wright: All right, Mr. Silverman, what is your pleasure? Mr. Silverman: I move to leave that R-C-A piece alone. Mrs. Gordon: I seconded that motion, so - Mr. Davis: The motion is that you recommend that that portion of the.Brickell Avenue Study, which would change R-C-A to R-1, not be adopted. Mr. Silverman offered the following resolution, and moved its adoption RESOLUTION NO ...71--2 5 6 RESOLUTION RECOMMENDING. NO CHANGE OF ZONING CLASSIFICATION AS RECOMMENDED, BY THE BRICICELL STUDY FOR LOTS 1, 2 AND 3, BLOCK 55, ELAGLER MARY BRICKELL (5-44) FROM R-C-A (RES [DENCE OFFICE) TO R-1 (ONE FAMILY). Upon being seconded by Mrs. Gordon, this resolution was passed and adopted by the following vote; AYES; Messrs, Alfonso, Durns, Dean, S ..vernan, Wright. Mmes. Ooa don and MQGr'ane , NAPES; Mr, Martinez, ASSENT; Mr. Kalil: 2. November 3, 197/ Item ##13 III II■ 14AP 140. s BR I CKELL SOUJH:[!8 LNG ZONING CITY OF MIAMI PLANNING DEPARTMEN SCALE V" = 4Ec 1D►IE D' 'm 1: _ -. L is L__!._�] d�w.a+T......+.-.w+�-���� .�� .ram ice... ..�,..�- ���..� r'I 1 -1 BRICHELL S'JIITII J i M .A M reA -- 1Gi • ' T: ; , `• 1 i AVE II. !. AA,* y.r• . A i 1 L. 1 -PEANN.ING- BOAR1J RECOMM E_ND ED`- ZON1 NG R Nos. 71-254 71-255 71-256 CITY OF-MIAMI :PLANNING. DEPARTMENT • 11- SCALE 11° = 464" JUNE 1910 ' 0