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Home My WebLink AboutR-01-0293J-01-226 5/11/01 RESOLUTION NO. 01,90 293 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RECOMMENDATION OF THE DIRECTOR OF DEPARTMENT OF PLANNING AND ZONING FOR ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 01-0036, CONDITIONED UPON CONDITIONS AS RECOMMENDED BY THE DEPARTMENT OF PLANNING AND ZONING, FOR THE PROPERTY LOCATED AT APPROXIMATELY 1100 BISCAYNE BOULEVARD, 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. 01-0036, with conditions, for the property located at approximately 1100 Biscayne Boulevard, 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 I MY COMMSION 24MI.NG OF [A• L, n ^�`n. f'l1Y C_ v �... w 01- 293 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. 01-0036, subject to conditions as recommended by the Department of Planning and Zoning, for the property located at approximately 1100 Biscayne Boulevard, Miami, Florida, is approved, and the City Commission finds that the issuance of Class II Special Permit Application No. 01-0036, with conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as amended. 01- 333 Page 2 of 3 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor." PASSED AND ADOPTED this 29th ATTEST: WALTER FOEMAN CITY CLERK TO FORM AND CORRECTNESS: PLXJANMMO VILARELLO rTY ATTORNEY W5143:YMT:BSS day of March JOE CAROLLO, MAYOR 2001. 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 01-- 293 -01-226 4/01 RESOLUTION NO. \THE OLUTION OF THE MIAMI CITY COMMISSION VING THE RECOMMENDATION OF THE DIRECTOR PARTMENT OF PLANNING AND ZONING FOR ISSE OF CLASS II SPECIAL PERMIT CA ON NO. 01-0036, CONDITIONED UPON NO ITING SHALL BE PERMITTED WITH THE AND HER CONDITIONS AS RECOMMENDED BY EPARTM T OF PLANNING AND ZONING, FOR ROPERTY OCATED AT APPROXIMATELY 1100 NE BOULE RD, MIAMI, FLORIDA, PURSUANT CTION 401 F ORDINANCE NO. 11000, AS D, THE ZONI ORDINANCE OF THE CITY OF , FLORIDA, AS ENDED. WHEREAS, the Director of t Department of Planning and Zoning is recommending approval o Class II Special Permit Application No. 01-0036, with cond ions, for the property located at approximately 1100 Biscayne Bo levard, Miami, Florida; and WHEREAS, Zoning Ordinance No. 11000, as mended, the Zoning Ordinance of the City of Miami, Florida, require City Commission approval of the Class II Special Permit as hereina er set forth; and WHEREAS, the City Commission after careful consid ation of this matter, finds the application for a Class II Special Permit does meet the applicable requirements of Zoning Ordi nce [Note: The original Resolution 01-293 was replaced by a substitute original Resolution 01-293 per memo- randum from the City Attorney dated May 14, 2001.1 QTYVK=MIN OF � MAR 2 'i ?001 + 293- 11000, as amended, and deems it advisable and in the best in erest of the general welfare of the City of Miami and its inha '\naove the recommendation of the Director of the Deparing and Zoning to uphold the issuance of the Classermit, conditioned upon that no writing shall be pethe mural and other conditions as recommended by thf Planning and Zoning; NOW, THEREFORE, BE T RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recital and findings contained in the Preamble to this Resolution ar adopted by reference and incorporated as if fully set forth in is Section. Section 2. The recommendation o the Director of the Department of Planning and Zoning to is e Class II Special Permit Application No. 01-0036, conditioned u n that no writing shall be permitted with the mural and othe conditions as recommended by the Department of Planning and Zo 'ng, for the property located at approximately 1100 Biscayne Boulev rd, Miami, Florida, is approved, and the City Commission finds at the issuance of Class II Special Permit Application No. 01-0036, with conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as amended. [Note: The original Resolution 01-293 was replaced by a substitute original Resolution 01-293 per memorandum from the City Attorney dated May 14, 2001.] Page 2 of 2{� _ o €ck q Section 3. This Resolution shall become effective immedia ly upon its adoption and signature of the Mayor.'/ PASSED ATTEST: PTED this 29th day of March JOE CAROLLO, MAYOR in accordance with Miami CON , Sec. 2-36, since the this legislation by signing it in designated pla becomes effective with the elapse o (10j d regarding same, without the Mayo r gj� WALTER J. FOEMAN CITY CL�ASXIIZF APPR D ATTORNEY 143:YMT:BSS CORRECTNESS: 2001. did not indicate approval of rided, said legislz ' ry — da,*00 o i e.C!ncn 7 [Note: The original Resolution 01-293 was replaced by a substitute original Resolution 01-293 per memorandum from the City Attorney dated May 14, 2001.] 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 01- 293 CITY OF MIAMI _- CITY ATTORNEY'S OFFICE MEMORANDUM TO: Walter J. Foe City Clerk FROM: Alej an o Vil o � _ City tto DATE: a 4, 01 RE: Vch'29, er's Error 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 4 } W033E:\YMarrero Trehy\memos\YMT 2001 MEMOS\W033.doc Q 293 PZ -5 PLANNING FACT SHEET APPLICANT Metrolights Wallscape, LLC OWNER Pellican Hotel, LLC 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 1100 Biscayne Boulevard. 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 the 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. CITY COMMISSION ACTION: CLASS II APPLICATION NUMBER: 2001- 0036 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 uaie: sa-ii/-uui Page 1 01- 293 CLASS II SPECIAL PERMIT ZONING REFERRAL PELLICAN HOTEL, LLC 1100 BISCAYNE BOULEYARDMIAMI, FLA. ^VvNER OWNER PFiON:ts uiJ1WIElt METROLIGHTS WALLSCAPE, LLC Ao-ftr,AXT 1PPOEM PHONE NUMUR/FAX Nf R �- 1-133 BROADWAY. SUITE 506, NEW YORK. NEW YORK 10018 . f ._ =TXM Pum" to the fse solMduic. a fie of S shah be ngufrwi thr�AiItELL SAewa< Pa ai+e �' / Public, State of New York No.OiMA469083 t]ualfied_in Nassau County Ot l ►1leLlc I W RY r Commission Expires July 31, 2001 Th. prq=d has been nwWwrd by Z 0lvlsion of slanrttttp a Zoning 06114ftleft it is row to be in nrquim a class 11 Spedei MMM to the *boyo c"d Zonft Ordlnanp of #0 C.Nr d Mt* L Z au► oArc A Pam d for t1+a wryrk Jor+taposed hsratn andkx • carpAcate of ocapan*ywwvor a tints of use br the we orap"ed twos. enwt be obtained WIN* ate (s) y*W frac the issurinor of this apodal POWK at whish point the uA"a -!L*cW-v"" an" a ip". wNese a, IM+III a0. 91- 293 DISCLOSURE OF OWNERSHIP 1. 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 Garcia/Aoledo 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 Wallscapes, and who did [did not] take an oath. :KW my cc 81 5Z KS. A, . Ma y ID Name: Notary Public - State of Florida Commission No.: C.0 I S'- � (P My Commission Expires: 01- 293 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 C.A. Enterprises AMI, LLC Owned by: C.A. Enterprises Owned by: Mark Van Fossan Greg Silvershine Mark Eisenthal Chet Atkins Metrolights, LLC Owned by: Space Concepts, Inc. Meldrew Outdoor Corp. Space Concepts, Inc. Owned by: Barry Rush Rick Del Mastro Mark Van Fossan Meldrew Outdoor Corp. Owned by: Melissa Katz Drew Katz 70% 30% 331/3% 331/3% 331/3% 100% 50% 50% 331/3% 331/3% 331/3% 50% 50% 01- 293 This 106nAtlteltt Prep"d BY and Return. To: Stuart S. Bim, Esq. Flilbkwo Southeast, Inc. 710 Route 46 Fast, Suite 210 Fairfield, NJ 07004 Folio No. 01-3136-076.0010 Tills ipa-7C--vdf-rer %ding inf- ad - THIS INDENTURE, made this 31st day of August, 1999, between HILLSBORO SOUTHEAST, INC., a Delaware corporation, whose address is 710 Route 46 East, Suite 210, Fairfield, NJ 07004 (the "Grantor"), in favor of PELICAN HOTEL L.L.C., a Florida limited liability company, whose address is: c% Brian P. Tague, Esq. 201 S. Biscayne Boulevard, Suite 2600, Miami, Florida 33131 (the "Grantee-): WITNESSETH THAT: Grantor, for and in consideration of the sum of Ten and No1100 U.S. Dollars ($10.00 lawful money of the United States of America, to it in hand paid by Grantee, at or before the ensealing and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confine unto Grantee and its successors and assigns forever, the parcel of land, situate, lying and being in the- County of Miami -Dade, State of Florida, and more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Land'j. Subject, however, to: (a) Real property taxes and assessments, if any for the year 1999 and subsequent years; (b) all laws, ordnmces, codes and other governmental regulations and reqwremarits affecting the Land, including zoning and land use regulations and requirements; 01-- 293 (c) Easetnts, rights, of way, litilit&, os,. covenMctts,.lcprictioas, and other matters of recotd, but ref)teicto stall not reimpose same; (d) All matters as sbown in Plat of HOWARD JOHNSON SUBDIVISION, recorded in Plat Book 79, Pap 89, of the Public Records of Dade County, Florida; and (e) Resolution No. R-85492 filed in Official Records Book 15615, at Page 1652, Resolution No. R-1029-93 filed in Official Records Book 16035, at Page 3996, Resolution No. R 1261-94, filed in Official Records Book 16478, Page 1048, Resolution No. R-1121-95 filed in Official Records Book 16872, at page 1634, Resolution No. R-893-96 filed in Official Records Book 17326, at Page 2605, and Resolution No. R-89497 in Official Records Book 17789, at Page 637, all of the Public Records of Dade County, Florida. TOGETHER with all and singular the tamneas, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants that the Grantor is lawfully seized of the Land in fee simple, that the Grantor has good, right and lawful authority to sell and convey the Land; and hereby warrants that Grantor has not done anything to encumber the title to said Land or which would create any lawful claim or interest therein by any other party. IN WUNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered in the presence of. 5 7Z-9 W,�- IM ISBORO SOUTHEAST, INC., a Defawanro&)Iporatkp By. [Acknowledgment on next page] -2- 1 11015_2.DOC 01- 293 )SS. COUNTY.-.4F4MACM,9=�~ beibre. me :this i of HUI-.M ,MW is personally a ddWs license as identification. Notary Print i4mm My Commission -3- 111015 2.DOC 3- 1110152.DOC Of- 293 M1705P M-� i Nk P -MM ............ All of Tract A HOWARD JOHNSON SUBD1M10N,-=M4W9 to. the Plat.dwwf, as MPOrd0d in Plat Bo* 79, at pie .,* W and e 4st ten &6�4 the Notth fed, of Lot *'0"i6'!k -'k "f South sixty fixt of Lot 10, and all of Lots 11 ftoqjb 16, REALTY SECURITIES CORPORATION SUBDIVISION, according to the Plat dxmf, as recorded in,PW Book 3, at Page 172, of the ftbHe Records of Miami -Dade County. Florida. STATE OF FLORIDA, COUNTY OF DADE cou I HEREBY CEIMFY Mot Me f . . orevol IScorrect COPY of the or*nol an file, in this offict. Zf . AD. 20_0 L HARVEY RUVIN, CLEM, Of Circ ' and C unty ourts Deputy Clerk •NowC HAM RIMN =Awmcarcowr 1110152.13M 29'43