1900 Brickell: City Can't Say No to Spot Zoning

A series of deferrals by City of Miami officials on the issue of 1900 Brickell Avenue has left the future of residential Brickell Avenue up in the air for the past several months. The question lingers as to whether to allow the single family residence at 1900 Brickell Avenue to be converted into a medical office/clinic by a plastic surgeon. It will be considered again by City Commissioners Thursday, January 23rd, 5 p.m.

Although the Brickell Homeowners Association representing nearly 5,000 homes and more than 10,000 adults has said that they do not want this or any other medical practice here, the doctor is persistent in his effort to set up shop in this highly visible location, situated in the middle of residential Brickell Avenue.

The Battle to Preserve Residential Quality
This plastic surgeon's business would be the first commercial venture to break through the residential zoning code that the BHA strives to protect in its neighborhood. Residents fear that allowing this commercial encroachment would be the first of many exceptions, eroding the residential character of the neighborhood. Judging by how language in the code has been struck, added and expanded by officials trying to accommodate the special request of one, BHA Directors worry that any language developed would be just as easily be changed down the road for other exemptions.

The doctor and his attorney have asked for a "Special Exception" to the Zoning Code for the Brickell neighborhood which is residential only.

Both the Brickell Homeowners Association and the Miami Roads Neighborhood Civic Association have taken an unwavering stand against this proposed exception, which they view as benefiting one individual at the expense of an entire community.

To add more confusion to the matter, at the December City Planning Advisory Board meeting, the commission-requested ordinance was denied. But then, after interested parties had departed, the matter was brought up for reconsideration. Although Brickell Homeowners representatives and residents had left after the vote with what they thought was a victory, in its second discussion of the matter, the board added another amendment to make the city planning department's proposed change to the ordinance applicable to R-3 zoning throughout all of the city, not just Brickell Avenue. It was approved by the Planning Advisory Board.

Confusing? No question, however, the fundamental issue is whether to allow the residential quality of an entire community be disrupted to satisfy the desire of one individual.

Miami Commissioners will consider the matter on January 23, 1997, 5:00 p.m., Miami City Hall, 1500 Pan American Dr. The City Commission's decisioncommercial versus residentialis much more likely to be residential if many residents are present to make their position known.

Background
The property at 1900 Brickell Avenue, a single family residence, has been for sale for some time. The doctor has been operating a plastic surgery business for 15 years on Coral Way, but now wants to convert this home into a medical facility for patients. While he says there will be no overnight stays, he and his attorney say that about 10 patients would come to the facility daily, along with an administrative/medical support staff. (The new language would allow up to three.) The doctor says he would put up a sign on Brickell Avenue, announcing his medical practice. This would be the first and only business fronting Brickell Avenue between 15th and 25th Roads.

Why Not: The Arguments

• Argument: The doctor says that he plans to improve the appearance of the property which he says should outweigh that it is a commercial enterprise on a residential street.
• BHA/Roads Directors' Position: One exception, while perhaps to some not an objectionable kind of business operation, will inevitably lead to more. Rules, ordinances, special language and exceptions can be undone by the City as quickly as they are created.
• Argument: The doctor's attorney says that they will include in the language of the exception that only a plastic surgeon can operate there in the future, if the doctor should decide to leave or sell the property.
• BHA/Roads Directors' Position: The future is too uncertain. Property taxes are quite high for Brickell property such as this, so how long will such a practice be feasible? What if the doctor finds he must have other doctor/partners to be financially successful at this location? More doctors, more patients, support staff, etc. If an exception is granted now, we can only expect that another exception will be granted later, perhaps for a different kind or expanded business. The adjacent property to the south is currently a vacant lot.
• Argument: The property could have a 26-unit apartment building built there under the current code. Preservation of the single-family home is certainly preferable to a building that could be as high as five stories.
• BHA/Roads Directors' Position: No developer has come forth to develop the property into an apartment complex, and we have no indication there will ever be one. It is more probable that a developer purchasing the property would make larger units for the upscale Brickell market. Converting a home into a business is not preferable to residents who want to preserve the residential quality of their neighborhood.

Motorist Rules Apply to Bicyclists
Brickell Avenue and its surrounding roadways and sidewalks are shared by many: motorists, bicyclists, walkers, joggers, skaters, dog walkers, moms with strollers and runners. Sometimes the paths get crowded. BHA often hears concerns about safety and consideration of neighbors and those passing through, with questions about bicycle safety laws often arising. The law says:

On the Road: In Florida, the bicycle is legally defined as a vehicle. Bicyclists have the same rights to the roadways, and must obey the same traffic laws as the operators of other vehicles. These laws include stopping for stop signs and red lights, riding with the flow of traffic, using lights at night, and yielding the right-of-way when entering a roadway.

With few exceptions, there is only one road and it is up to bicyclists and motorists to treat each other with care and respect.

On the Sidewalk: When riding on sidewalks or in crosswalks, a bicyclist has the same rights and duties as a pedestrian except that bicyclists must yield the right-of-way to pedestrians and must give an audible signal before passing.

President's Column By T. Sinclair (Tory) Jacobs
Your future home address. . .three choices. Which is best for Brickell residents?

Our media are overflowing with rhetoric covering speculation on the City of Miami's future. It now seems likely that the referendum on whether the City's charter should be revoked will take place in September rather than in May. This gives us a few months to follow developments which should enable more informed decisions.

The three choices for Brickell residents are:

1) Support the City's survival.

2) Opt for becoming part of unincorporated Dade County.

3) Set up a separate municipality within Dade County.

The question is: which format will best deliver to our neighborhood the overall quality of municipal services we consider reasonable at an acceptable cost?

This deliberation is really not about emotional considerations, warm friendships, nostalgia, loyalty and such, even though these feelings cannot help but penetrate our individual consciousnesses as we evaluate all the pros and cons.

It is often more comfortable, more satisfying, to take a position on a controversial issue and be a strong partisan, favoring a specific course of action. In the matter at hand, there are considerable unknowns and speculations with new law to be made and new precedents to be established. It is prudent to be wary of those who profess to know all the answers for every eventuality.

Let us keep open and analytical minds as the facts become available. Let us not be blind-sided by exaggerated claims and counterclaims. And let us not rush to judgement.

We should have a strong voice in how our municipal services will be delivered. Let us use it wisely.

Our address is Miami and will remain Miami. Let us work together to ensure that the future Miami is the best possible Miami, whether a city, county, village or just a state of mind.

The Future of the City of Miami: BHA Gathers Info on Complex Issue

After hearing from both a proponent and opponent on the question of the possible dissolution of the City of Miami, Metro-Dade Commissioner Jimmy Morales summed up what many BHA Directors also concluded when he said, "One thing is clear, the next 240 days will be interesting."

As a member of the Metro-Dade committee of commissioners assigned to explore what would happen if the City dissolves and is merged with the County, Commissioner Morales stressed that County officials have pledged to stay neutral on the issue and support the will of the residents, whatever that turns out to be. The 240 days are critical because that is the total amount of time the City has to form a plan for dissolution within 120 days and then hold the vote on the question within the next 120 days.

While tax savings have been a central theme in the debate thus far, it became evident to BHA Directors and residents that, as the Commissioner said, "It's not a black-and-white issue," and there are many other factors that come into play when residents both within and outside the City boundaries consider what would be in their best interest.

Gene Stearns, an attorney leading the drive to dissolve the City of Miami, said that abolishing the governing body of the City of Miami was expected when Metro-Dade government was formed in 1957. The charter for the huge multi-billion-dollar County government even provided language for this eventuality, he said, because the "two-tier" government that we still have in Dade was not expected to last.

But the City has survived, despite its eroding tax base and history of financial problems. The influx of Cuban refugees in the early 1960s, which brought thousands of people into the City, and later Hurricane Andrew, which brought millions of dollars of relief money to the City, were two major events that have delayed this eventuality, Stearns said.

Cal Zemsky, a Brickell Key resident against dissolving the City, said that the tax issue is "subterfuge" and that overall tax savings will be much smaller if the City is abolished and subsumed under Metro-Dade. Zemsky said it's a question of spreading the burden among rich and poor neighborhoods.

"What's going to happen to Liberty City when Brickell Avenue, Coconut Grove and Brickell Key opt out of the County government?"

Zemsky was referring to what Stearns, a leader in the recent incorporations of Key Biscayne, Pinecrest and Aventura, said is the second step after the City is dissolved. Stearns said that communities like the Brickell area could then form their own municipalities to provide "basic, garden variety services" that best meet the particular needs of their residents. Major services, like "helicopters, crime labs and swat teams" would still be provided by Metro-Dade, Stearns said.

Stearns argued that the burden of paying for government and services for poorer neighborhoods would be spread over everyone in Dade if the City is dissolved. He said that people in Key Biscayne might end up with an increase in their taxes to assume this responsibility, but that it is the proper thing to do.

Commissioner Morales said that all departments in the county are examining what the consequences might be in the event of a merger. There is a great deal of debate over interpretation of the 1957 charter language, as well as how other factors would play out, such as how Miami's debt would be assumed, for instance.

The Commissioner encouraged the Brickell Homeowners Association to continue its fact-finding mission before taking a stand, and promised information would be forthcoming from Metro-Dade on what the future might hold. (See also President's Column this issue.)

Police Report: Brickell Area Gets More Coverage, Improved Communication Systems

More police officers are looking after Brickell residents under a new plan implemented by the City of Miami Police Department in early January.

Police coverage in the Brickell/Coral Way Neighborhood Enhancement Team (N.E.T.) zone increased by a third going from 22 total officers to 33as the result of a comprehensive study examining when and where crimes have occurred and scheduling patrols accordingly, Officer Jeffrey Giordano reported to the BHA.

"In the past there were three shifts of officers and now there are four, with coverage including a full-time bike patrol officer and three part-time bike patrols," Giordano said.

With the variety of new restaurants, buildings and shops opening in the Brickell area and more folks on the streets enjoying the new amenities, BHA directors and police have made it a goal to thwart potential new criminal types that might see the area as ripe for prey. So far, police have been successful in seeing new development come to the area without an increase in crime, but Giordano said the police will be keeping a watch especially as the restaurant business picks up in the evenings and on weekends.

SCANS: Building Security Guards Get Direct Link
In a move to strengthen communication between private building security forces and police, a new radio system is in place linking the two crime-fighting forces. The SCAN system enables condo and commercial building security guards who use radios to switch to a non-private channel in emergencies that is picked up by the police.

Police officers carry an additional radio so that when a guard encounters a crime in progress, he or she tunes to a frequency that goes directly to the police to let them know. With this new link, guards with criminal emergencies on their hands bypass the need to find a phone and go through a 911 operator. The overall goal of the system is to cut down response time for police to get to the scene of a crime in progress.

Non-emergency calls, such as a burglary that has already occurred, should go through the regular non-emergency police number.

The new system was recently started in buildings in the downtown and Brickell areas.

BHA Managers Form Alliance: Security, Communications and Cost Savings Top Priorities List

Building Managers in 19 of the largest Brickell Homeowners Association condominiums have formed a potentially powerful body, the Brickell Area Management Alliance. Recognizing that they share many of the same issues, concerns and services, managers began a series of meetings to exchange information. The goal is to improve services and save money for the residents they serve.

While building managers generally have their hands full running their buildings which usually means responding to the unexpected BHA managers have committed to coming together monthly to benefit from dialog with one another.

BHA directors have long wanted to try such an alliance among their buildings, believing that there may be savings in joint purchasing of the many goods and services the buildings have in common. They thought it made sense to have certain personnel in touch with one another, security forces and building engineers, for example. Around the time discussions first began about getting together, Hurricane Andrew came along and many building managers found themselves with long lists of added responsibilities and concerns.

But this past fall, under the leadership of The Palace's Manager Larry Schiffer, Tequesta Point's Lee Santibanez and Brickell Key's Keith Reynolds, managers came together for the first time.

"With so much in common among the condominium associations in our area, BHA Directors felt that we could all benefit from the shared experience of those professionals who run our buildings," BHA President T. Sinclair (Tory) Jacobs said.

Together, Schiffer, Santibanez and Reynolds have decades of experience in the facilities management business. While it is sometimes hard to add more commitment to their schedules, these alliance leaders have pledged to continue to bring the group together.

The first item on the group's list of focus areas improved communication among building security crews and with police has already improved with the new SCAN radio technology. This system links the police and private security guards on a "public" radio frequency in the event of an emergency (see article, page 3).

Other areas the managers have laid out as focus areas include resident relation issues and resolutions; cooperative purchasing exchange; insurance information exchange; community commitment task force; and preventative maintenance standards for building engineers.

Florida Highway Patrol Program May Help Brickell

A new community traffic safety program by the Florida Highway Patrol has paired Trooper Jose Sanchez with the BHA to examine traffic problems on Brickell. Speeding, including weekend motorcycle races, has long been identified by the BHA as a serious problem. Sanchez will be working closely with the BHA in the coming months and BHA News will keep residents informed of progress.