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Home My WebLink AboutR-01-0291J-01-225 5/11/01 01- 291 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RECOMMENDATION OF THE DIRECTOR OF THE DEPARTMENT PLANNING AND ZONING FOR ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 01-0035, CONDITIONED UPON CONDITIONS AS RECOMMENDED BY THE DEPARTMENT OF PLANNING AND ZONING, FOR THE PROPERTY LOCATED AT APPROXIMATELY 66 WEST FLAGLER STREET, MIAMI, FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. WHEREAS, the Director of the Department of Planning and Zoning is recommending approval of Class II Special Permit Application No. 01-0035, with conditions, for the property located at approximately 66 West Flagler Street, Miami, Florida; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Class II Special Permit as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for a Class II Special Permit does meet the applicable requirements of Zoning Ordinance cm COMM" MEETING UP MAR ? C 2001 Rwoluficm No. 01-- 291 No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the recommendation of the Director of the Department of Planning and Zoning to uphold the issuance of the Class II Special Permit, subject to conditions as recommended by the Department of Planning and Zoning; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the Director of the Department of Planning and Zoning to issue Class II Special Permit Application No. 01-0035, subject to conditions as recommended by the Department of Planning and Zoning, for the property located at approximately 66 West Flagler Street, Miami, Florida, is approved, and the City Commission finds that the issuance of Class II Special Permit Application No. 01-0035, with conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as amended. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' '-� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 Q l" 291 PASSED AND ADOPTED this 29th day of ATTEST: WALTER J. FOEMAN CITY CLERK NDRO VILARELLO ATTORNEY W5142:YMT:BSS CORRECTNESS: March , 2001. JOE CAROLLO, MAYOR Page 3 of 3 01- 291 N01-225 3N4/01 RESOLUTION NO. 01— 291 A RESOLUTION OF THE MIAMI CITY COMMISSION PPROVING THE RECOMMENDATION OF THE DIRECTOR THE DEPARTMENT PLANNING AND ZONING FOR IS ANCE OF CLASS II SPECIAL PERMIT APPL ATION NO. 01-0035, CONDITIONED UPON THAT WRITING SHALL BE PERMITTED WITH THE MURAL OTHER CONDITIONS AS RECOMMENDED BY THE DEPA MENT OF PLANNING AND ZONING, FOR THE PROPER LOCATED AT APPROXIMATELY 66 WEST FLAGLER STR T, MIAMI, FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE ZO ING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, A AMENDED. WHEREAS, the Director of\eDrtment of Planning and Zoning is recommending approvass II Special Permit Application No. 01-0035, withns, for the property located at approximately 66 WesStreet, Miami, Florida; and WHEREAS, Zoning Ordinance No. 11000, asNmended, the Zoning Ordinance of the City of Miami, Florida, requireX City Commission approval of the Class II Special Permit as hereina ter set forth; and WHEREAS, the City Commission after careful consideration of this matter, finds the application for a Class II SpeciaPermit does meet the applicable requirements of Zoning Or 'nance [Note: The orginal Resolution 01-291 was replaced by a substitute original Resolution 01-291 per memorandum from the City Attorney dated May 14, 2001.1 CITY Axa MAR 2aeaabAwa 9 ?001 0j— No 11000, as amended, and deems it advisable and in the best inte st of the general welfare of the City of Miami and its inhabita s to approve the recommendation of the Director of the Department o Planning and Zoning to uphold the issuance of the Class II Specia Permit, conditioned upon that no writing shall be permitted with he mural and other conditions as recommended by the Department of anning and Zoning; NOW, THEREFORE, BE RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recita and findings contained in the Preamble to this Resolution a adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation f the Director of the Department of Planning and Zoning to i ue Class II Special Permit Application No. 01-0035, conditioned u n that no writing shall be permitted with the mural and other conditions as recommended by the Department of Planning and Zoning, for the property located at approximately 66 West Flagler Stre Miami, Florida, is approved, and the City Commission finds th t the issuance of Class II Special Permit Application No. 01-0035, ith conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as amended. [Note: The original Resolution 01-291 was replaced by a substiture original Resolution 01-291 per memorandum from the City Attorney dated May 14, 2001.1 Page 2 of 3 01 9 Nec tion 3. This Resolution shall become effective immedi at ty upon its adoption and signature of the Mayor.'/ PASSED ANQ ADOPTED this 29th day of March , 2001. ATTEST: WALTER J. CITY CLERK JOE CAROLLO, MAYOR In accordmm wish Miamia Sec. 2-36, since tine M r did not indicate appmmi of the legislation by signing it i th ; designated nlrav rovided, said legislation becomes effective with the elapse ter t1 s tisv da ;r�;r, s; regng same, without the Mayor. - CORRECTNESS/ LARELLO 7ITY TORNEY 42:YMT:BSS [Note: The original Resolution 01-291 was replaced by a substitute original Resolution 01-291 per memorandum from the City Attorney dated May 14, 20011. 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 � _, 211 CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. I City Clerk FROM: Alejy0i o__ „ter City DATE: a 1�1+�r-y, RE: V61129, er'sError Correction -Resolution Nos. 01-291 and 01-293, adopted 2001 Resolution Nos. 01-291 and 01-293, adopted on March 29, 2001, contains a scrivener's error as they incorrectly reflect the phrase "no writing" as an express condition by the City Commission in addition to rather than subject to Planning and Zoning Department comments in connection with the approval of a mural at approximately 66 West Flagler Street, Miami, Florida and at approximately 1100 Biscayne Boulevard, Miami, Florida. In the attached corrected Resolutions, the language "no writing" has been deleted but approval thereof remains subject to Planning and Zoning Department comments. This correction in no way alters the intent of the City Commission votes of March 29, 2001. Please substitute the attached original Resolutions to replace the documents you presently possess as Resolution Nos. 01-291 and 01-293. After the correct documents have been executed, please forward copies to this Office. This memorandum may be attached to Resolutions Nos. 01-291 and 01-293 so that any concern regarding the substitution of said Resolutions is clarified. Attachment c: Joel E. Maxwell, Deputy City Attorney Maria J. Chiaro, Assistant City Attorney Ana Gelabert-Sanchez, Director of Planning Department W033E:\YMarrero Trehy\memos\YMT 2001 MEMOS\W033.doc 00 1.91 PZ -4 PLANNING FACT SHEET APPLICANT Metrolights Wallscape, LLC OWNER Suebert Corporation REQUEST/LOCATION Class II Special Permit with City Commission Approval pursuant to Article 9, Section 926.12 of Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, for a mural with commercial sponsorship to be located at 66 West Flagler Street. PLANNING RECOMMENDATION Approval. BACKGROUND AND The requested application for a mural with commercial ANALYSIS sponsorship was reviewed by the Urban Development Review Board on February 21, 2001 and was recommended for denial. The recommendation for denial is based on a desire on the part of the UDRB that the proposed artwork be real tile work versus a photograph of artistic tile work. Notwithstanding the recommendation of the Urban Development Review Board, the Planning and Zoning Department recommends approval of the requested mural finding that the proposed artwork, even in photography form, and composition with the commercial sponsorship are appropriate for the existing structure and that the application, as presented, will liven an otherwise blank wall. c CITY COMMISSION ACTION: CLASS 11 APPLICATION NUMBER: 2001- 0035 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 3/21/2001 Page 1 -- 29, 1 OLAse I SPECIAL P8tWY mm Z-0 ) — 09 CLASS II- SPECIAL PERMIT ZONING REFERRAL COMPLETED BY APPLICANT . OWNER OWNER PHONE NUMBER SUEBERT CORPORATION (305) 379-1054 APPUCdNQT APPiJCANT PHONE NUMBER / FAX NUMBER METROLIGHTS WALLSCAPE, LLC (856) 840-0740 (856) 840-0751 APPLICANT ADDRESS ! ZIP CODE 505 S LENOLA ROAD SUITE 115 MOORETOWN, NJ 08057 BUILDING PLAN APPLICATION NUMBER ?t=X9PAT90f RDPMA Pursuant to the in odHKWJ e, a fee Of $ Shall to cial SpePem* tees aro �. BERT GOLDSMITH m The OU4104 proposal has been revWwsd by Zwft Division of ttre Plsrmhra & Zvrdrrp It Is *WW 0 be In oompYan Ic" repulNiorls and roquins S Clan ll Sp7,71n/*to te shows ctlsd adiorr(s) O 11000 artlSrrded. ills Zcrinp Ordinenas of the Cky of � cATE DATE A bo,"np pwn0t for the worts prOpoeed heroin a Wkw a owl losto of oc pwacy wow arlficaee of us* tb do use phWosed h~, rr%W be obtMrrI WW* One (1) y@W tram the WMM OF tit's spedal Pon at wtltch point the sutrJe� special permit sW more, urdesa esleruled. _ ��— 291 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real property. See Attached Deeds 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit "A" Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. By: Vicky Garci oledo as attorney for applicant STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20th day of March, 2001, by Vicky Garcia -Toledo as attorney for Metrolights Waliscapes, and who did [did not] take an oath. W CKHENA Name: OMM19 ; Notary Public - State of Florida - r•`y Commission No.: C -C <R I -tr �P My Commission Expires: 01- 291 EXHIBIT "A" Metrolights Wallscape, LLC 100% Owned by: Wallscape Media LLC, a New Jersey limited liability corporation 50% Metrolights LLC, a New York limited liability corporation 50% Wallscape Media, LLC Owned by: AMI, LLC 70% C.A. Enterprises 30% AMI, LLC Owned by: Mark Van Fossan 331/3 % Greg Silvershine 331/3% Mark Eisenthal 331/3% C.A. Enterprises Owned by: Chet Atkins 100% Metrolights, LLC Owned by: Space Concepts, Inc. 50% Meldrew Outdoor Corp. 50% Space Concepts, Inc. Owned by: Barry Rush 331/3% Rick Del Mastro 331/3% Mark Van Fossan 331/3% Meldrew Outdoor Corp. Owned by: Melissa Katz 50% Drew Katz 50% v4f. 1 VARRANTY DECD THIS WARRANTY DEED is made by Suebort Investments, Ltd., a Florida limited partnership ('Grantor'), to Suebert Corporation, a Florida corporation ("Grantee') .chose address is 66 West Flagler Street - Penthouse, Miami, Florida 33130. GRANTOR, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other good and valuable consideration paid to Grantor by Grantee, the receipt and sufficiency of which are hereby acknowledged, grants, bargains, sells and conveys to Grantee, and Grantee's successors and assigns forever, all of the following described land situate, lying and being in Dade County, Florida: Lot 9, Block 123, North City of Miami, according to the Plat thereof as recorded in Flat Book B, Page 41, of the Public Records of Dade County, Florida. TOGETHER WITH all easements, tenements, hereditaments and appurtenances belonging to the land; and TOGETHER WITH all buildings and other improvements now or hereafter located on the land; and TOGETHER WITH all of Grantor's right, title and interest, if any, in and to the streets, avenues, roads, ways, alleys, waterways and canals, open or proposed, in front of or <.> adjoining the land; TO HAVE AND TO HOLD the same in fse simple forever. This conveyance is made subject tot Z' .. (a) Taxes for the year 1988 and subsequent years; (b) Applicable zoning ordinances: (c) Conditions, restrictions, reservations, limitations and easements of record, which are not reimposed by tris deed; and E; (d) Recorded and unrecorded tenants' leases and the rights of tenants thereunder. GRANTOR covenants with Grantee that at the time of delivery of tris deed, subject to the scatters described above, Grantor is lawfully seized in fee simple of the property described above; that Grantor has good right, title and lawful authority to sell and convey said property; that the premises are free from all encumbrances; that Grantee will have the peaceable and quiet possession of the property; and that Grantor fully warrants the title to said property and will defend the property against the lawful claims of all persons whomsoever. THIS IS A CONVEYANCE CONSTITUTING A DISTRIBUTION FROM A LIMITED PARTNERSHIP TO ITS SOLS GENERAL PARTNER AND AS SUCH IS EXEMPT FROM DOCUMENTARY STAMP TAXES PURSUANT TO LAW. This Last ruwsnt preparedhY � n 4b: F Charles E. Mailer, ii of Fine Jacobson SchMartz mash Block a England One CenTrust Financial Center 100 Southeast 2nd Street Miami, Florida 33131 r PwiL�.SRw r:: t:. -..t'iaA:�riAa:'yvwTs•a%:y}?.Ja::i3x'.'i.'+'�..''•M'� _� 91- 291 J 6.raator: ham caused this instrument to be duly executed in its name, an of October a, 1988. Signed, sealed and delivered in the presence of x SUEBERr IXVZSTMNrS, LTD. By: SURBERT CORPORATION, General Partner Itness) BY (witness) BE JrJ. GOLDSMITH, JR. President STATE OF FLORIDA SS: COUNTY OF ZA9 D C rA The fore mi instrument was acknowledged before me this &��y Of AW -r- , 1988 by BZRWM J. GOLDSMUTH, JR., PRESIDENT, SUEBERT CORPORATION, the General Partner of., SUZBZW INVESTMENTS, LTD., a Florida limited partnership,,j(?n behalf of the corporation and the partnership. Notary PubkLi V State of Flor My Commission BVIN4 WIAV GMM -.Tat IF nolM C= lift MML IM Or- 029TX1905C P it:- 1100000 OFMMMPO RMMU P. OW P -NTE OF FLORIDA, COUNTY OF DADE coati,, q ney CEUIR that the fe is 0 ft end correct copy of the RW on file in this office. — �i.- �� a 20 R.VEY RUVIN, CLERK, of Circuit an unty ourts ewer Deputy Clerk C -2-