HomeMy WebLinkAboutR-01-0784J -01-394(a)
07/19/01
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RESOLUTION NO.
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01— 784
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AFFIRMING THE
RECOMMENDATION OF THE ZONING BOARD THEREBY
GRANTING A SPECIAL EXCEPTION FROM THE ZONING
ORDINANCE OF THE CITY OF' MIAMI, FLORIDA,
ARTICLE 6; SECTION 602, SD -12 OVERLAY
DISTRICTS TO ALLOW SURFACE; PARKING, FOR
THE PROPERTY LOCA`? ED AT APPROXIMATELY
724 NORTHWEST 14TH STREET, MIAMI, FLORIDA,
PURSUANT TO PLANS ON FILE AND SUBJECT TO A
TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
May 7, 2001, Item No. 6, adopted Resolution No. ZB 2001-0437 by a
vote of eight to zero (8-0), RECOMMENDING APPROVAL of a Special
Exception requiring City Commission approval as hereinafter set
forth; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, requires City
Commission approval of the Special Exception as hereinafter set
forth; and
WHEREAS, the City Commission after careful consideration of
this matter, finds she application! for Special Exception does
meet the applicable requirements of Zoning Ordinance No. 11000,
as amended, and deems it advisable and in the best interest of
AiiJ4CNd9AEAlT (S)�
CONTAINED
C7!'l COMM
O )MEMr
JUL 2 6 2001
meawuum Na
01— 784
the general welfaro of the City of Miami and its inhabitants to.
affirm the recommendation of the zoning Board and grant the
Special Exception as hereinafter set forth;
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 decision of the Zoning Hoard to recommend.
approval of a Special Exception from Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 6, Section 602, SD -12 Overlay Districts, to allow surface
parking for the property located at approximately 724 Northwest
14th Street, Miami, Florida, legally described as shown in
"Exhibit A," attached and incorporated, is affirmed, and the
Special Exception is granted, pursuant to plans on file, subject
to a time limitation of t••welve (12) months in which a building
permit must be obtained.
Page 2 of 3
0.1 ""
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'-/
PASSED AND ADOPTED this 26th day of July , 2001.
JOE CAROLLO, MAYOR
In acoordanoe with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
this loUlslation by signing it in the designatedplace r.frovided, said logislation-r ow
ba osnes effective with the elapse of sn (10) days fi m ti�� cialo o�1Comrnl6s �tfion
ATTEST: regarriing sarne, without the Mayor t rcising n�}r
WALTER J. FOEMAN
CITY CLERK
APPROVED AOSeOTC7
AND CORRECTNESS
ALES%VRDRO I LARF.TyLO
CITY ATT RNEY
ft (
W5296 MT:nr:BSS
. Fie' rn ON Clerk
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar clays from the date it was passed and adopted. If`.
the Mayor votoes this ROS01ULion., L shall become effective immediaLely
upon override of the vete by the City Commission,
Page 3 of 3 � 1
ZONING FACT SHEET
PZ -4
Case Number: 2001-0431 07 -May -01 Item No: 6
Location: Approx. 724 NW 14 Street
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Judith Burke, Esq. on behalf of
AT & T Corporation
201 S. Biscayne Blvd., #1500
Miami, Florida 33131
App. Ph: (305) 379-9187
Zoning: R-2 Two-family Residential
SD -12 Buffer Overlay District
Request: Special Exception requiring City Commission approval, as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section
612, SD -12 Special Buffer Overlay Districts, to allow surface parking.
Purpose: This will allow surface parking for commercial use.
Recommendations:
Planning Department: Approval with condition
Public Works: No comments
Plat and Street Committee: NIA
Dade County Transportation: No comments
Enforcement History. If any C.E.B. Case No: Last Hearing Date:
Found:
Violation(s) Cited:
Ticketing Action: Please see attached.
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 2001-0437
Zoning Board: Recommended approval with conditions
Appellant: N/A
City Coamission: N/A
Comply Order by:
Vote: 8-0
01- 784
C]
724 NW 14 STREET
•
Code Enforcement Case No. 01-00137
Violation(s): WORK COMPLETED WITHOUT A PERMIT;
PARKING ON UNIMPROVED SURFACES; ILLEGALLY PARKING
COMMERCIAL VEHICLE IN A RESIDENTIAL ZONE;OUTSIDE
STORAGE OF MISCELLANEOUS MATERIALS, EQUIPMENT,
AND/OR DEBRIS
BUILDING.
History:
1/5/01 -SUMMONS TO APPEAR
1/5/01 -POSTING OF PROPERTY
2/7/01 -FOUND GUILTY;24 HRS;COMPLY BY 2/8/01;$250.00 PD;
30 DAYS TO COMPLY ON ITEM 1507;MUST COMPLY BY 3/8/01
2/9/01 -FINAL ENFORCEMENT ORDER ISSUED
3/28/01 -SCHEDULED FOR EXTENSION OF TIME -
3/28/01 -GRANTED 30 DAYS FOR ITEM 1503 AND 120 DAYS --
FOR ITEM 1504.MUST COMPLY BY 7/28/01
1— �r$4
ANALYSIS FOR SPECIAL EXCEPTION
724 NW 14th STREET
CASE NO. 2000-0431
Pursuant to Article 6, Section 612 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, the subject proposal to allow surface parking in
R-2 "Two Family Residential District" with an SD -12 "Buffer Overlay District" has been
reviewed as follows:
NOTE: This Special Exception includes the following Class II Special Permits:
Class II Special Permit to request a waiver of Guides and Standards to omit two
interior landscape islands and some periphery landscape.
Class I1 Special Permit where a project crosses an alley and is designated as a single
site.
This petition will be subject to City Commission approval.
This petition will be subject to resolving the platting issue with the Department of
Public Works.
The following findings have been made:
• It is found that the subject surface parking lot will be developed on a vacant lot
adjacent to a commercial building and an existing parking lot. It is also found that
there will be a vehicular access from the existing parking lot to the proposed surface
parking through an existing alley.
• It is found that the excess parking will be beneficial to the area by providing a paved
and striped parking lot area servicing the adjacent commercial designated zoning
district.
• It is found that the proposed use is in scale and character with the surrounding area.
• It is found that the proposed layout provides adequate parking and circulation.
• It is found that the submitted landscape plan including the waiver of guides and
standards is adequate; however, the specified shade trees are not mature enough.
01- 784
• It is found that an alley divides the proposed surface parking and the existing one. The
existing alley shall clearly indicate, by way of traffic signals, that vehicular circulation
shall be only one way.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
• It is found that upon compliance with the condition set forth below, this project will
not have any adverse impacts on the surrounding; area.
Based on these findings, the Planning and Zoning Department is recommending
approval of the application subject to the following condition:
1. A new landscape plan, with specifications, increasing the height of shade trees
from ten (10) feet to a minimum of twelve (12) to fourteen (14) feet and proper
signalization at existing alley indicating one way traffic must be submitted for
review and approval by the Planning and Zoning Department prior to the
issuance of any. Building Permit.
oi- .784
a
Miami Zoning Board
Resolution: ZB 2001-0437
Monday, May 07, 2001
Mr. Joseph H. Ganguzza offered the following Resolution and moved
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000,
THE ZONING BOARD RECOMMENDED APPROVAL OF THE SPECIAL EXCEPTION REQUIRING
CITY COMMISSION APPROVAL AS LISTED IN ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 612, SD -12 SPECIAL BUFFER
OVERLAY DISTRICTS, TO ALLOW SURFACE PARKJNG FOR THE PROPERTY LOCATED AT
APPROXIMATELY 724 NORTHWEST 14TH STREET, LEGALLY DESCRIBED AS EXHIBIT "A
(HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED R-2
TWO-FAMILY RESIDENTIAL AND SD -12 BUFFER OVERLAY DISTRICT. THIS SPECIAL
EXCEPTION WAS RECOMMENDED FOR APPROVAL SUBJECT TO THE FOLLOWING CONDITION
BY THE PLANNING AND ZONING DEPARTMENT: A NEW LANDSCAPE PLAN, WITH
SPECIFICATIONS, INCREASING THE HEIGHT OF SHADE TREES FROM TEN FEET TO A
MINIMUM OF TWELVE TO FOURTEEN FEET AND PROPER SIGNALIZATION AT EXISTING ALLEY
INDICATING ONE WAY TRAFFIC, MUST BE SUBMITTED FOR REVIEW AND APPROVAL BY THE
PLANNING AND ZONING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS.
Upon being seconded by Mr. Angel Urquiola,
the motion was passed and adopted by the following vote:
Mr. Rodoflo De La Guardia
Mr. Charles J. Flowers
Mr, Joseph H. Ganguzza
Ms. llesna Hernandez -Acosta
Mr. Humberto J. Pellon
Mr. Juvenal Pina
Mr. Allan Shulman
Mr. Angel Urquiola
Mr. Georges Williams
Yes
Yes
Yes
Yes
Abst
Yes
Yes
Yes
Yes
AYE: a
NAY: 0
ABSTENTIONS: I
NO VOTES: 0
ABSENTS: 0
Ms. Fernandez: Motion carries 8-0
Teresita L. Femandez, Chief
Office of Hearing Boards
Case No.: 20010431
Item Nbr: 6
01- 784
:Tr
II
LEGAL DESCMPT10N
ALL OF THE FOLLOWING DESCRWED LANDS IN ALMIC S, hFnOHuwD PARK",
ACCORDING TO THE PLAT THOREOP RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE
PUBLIC RECORDS OF DADA COUNTY, FLORIDA, TO WIT:
LOTS 1 AND t EXCEPTING THEREFROM THE EAST 174 FILET AND ALSO EXCEPTING
THAT PART OF SAID LOTS WHICH LIES WITHIN THE EXTERNAL ARRA FORMER BY A
60.00 FOOT RADIUM ARC CONCAVE 'TO TIE SgkI' *NS%,T. TANSt:: TC f -#C MC#tT1
WITH THE NORTH BOUNDARY OF SAID LOT 1 AND TANGtNlT TO THE EAST WITH A
LINE THAT 15 PARALLEi. TO AND 17.6 FEET WESTERLY OF, AS MEASURED AT WORT
ANGLE TO, THE EAST BOUNDARY OF SAID LOTS 1 AND !. SAID EXCEPTIONS IN
ACCORDANCE WITH STATE a* FLORIDA OEPARTmoc RIOMT-0E-WAY MAP FOR
NORTHWEST 14TH STREET AS RECORDED IN PLAT SOCK 101 AT PAGE 14, SHEET 4
OF 6 SHEETS, OF THE PUBLIC RECORDS OF OAD2 COUNTY. PLORIOA,
ALSO LOT S. LESS AND EXCEPT THE EAST 13.10 FEET THRREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 4, LEU AND. EXCEPT TW EAST 1=.l0 FEET THEREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 2, LESS AND EXCEPT TME EAST 15.00 FEET THEREOF, 011010ATED TO THE
CITY OF MIAMI FOR ROADWAY PURPONS.
ALSO LOT S. LESS AND EXCRPT THE EAST 1S." FElT THEREOF. OEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 7, LESS AND ZXGEPT THE EAST 1L76 FEXT THEREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOTS. L 88 AND EXCEPT THE EAST 12.60 FEET THERROF, OPAICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
,%&:SO THE WEST 76.5 FEET OF LOT 1, LESS AND EXCEPT THE EAST SM FEET.OF THE
NORTH 26.5 FEET THEREOF.
ALSO TME WEST 7Z.9 FEET OF LOT 10.
o.L40 ALL OF LOTS 11 THROUGH 16, NOT" INCLUSIVE.
ALSO LOT 16, LESS AND EXCIS" THE WSST 74 FEET THEREOF. .
ALL OF THE FORRACING. SUBJECT TO ANY DEDICATION, UMITATIONS.
RESTRICTIONS, RESERVATION -OR EASEMENTS OF RECORD,
LESS
ALL OF FOLLOWING DESCRIOED LAND IN BLOCK 6. "HIGHLAND PARK". ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK S AT PAGE If OF THE PUBLIC
RECORDS OF DADE COUNTY. FLORIDA TO WIT.-
THE
IT:TME WEST 13J FEET OF THE EAST 17.6 FEET OF LOT L
ALSO THE EAST 4 FEET OF LOT i, LESS AND EXCEPT THE EAST 15.60 FEET THEREOF,
DEDICATED TO INE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4.3 FEET OF LOT 4, LESS AND EXCEPT THE EAST 1.1.20 FEET
THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY FWPOSES.
ALSO TPI. EAST 4.5 FEET OF LOT 5, LESS AND EXCEPT THE EAST 15.00 FEET
THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4,3 FET OF LOT S. LESS AND EXCEPT THE EAST 13
E 10 FEET
THEREOF, DEDICATED TO THE CRY OF MIAMI FOR ROADWAY PWPOSIS.
ALSO THE EAST 4.76 FEET OF LOT 7. LESS AND EXCEPT THE EMT 1176 FEET
THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4.7 FEET AND THE SOUTH 6 FEET OF LOT i, LESS AND'EXCEPT THE
EAST 13.60 FEET THEREOF, DEDICATED TO THE CITY Of MIAMI FOR ROADWAY
PURPOSES.
ALSO THE SOUTH AND THE WEST 6 FEET OF THE WPT 76.6 FEET OF LOT s, LESS
AND EXCEPT THE EAST JAG FEET OF THE NORTH SILS PRET THEREOF.
ALSO THE WEST 6 FEET OF THE WEST 72.71 FEET OF LOT 10,
ALSO THE WEST 6 FEET OF LOTS 11 THROUGH 16.
Exhibit A
w tow avraaaar r►V tst!!r rtnc,rEtd t.XCEPT'ION
I man thKthe request on Agenda 1��� bV4DENMD)
%GRANl'ED* that the requirements of Article 16AiL t) ( WERE
-bQT) satisfied by relevant evidence in the record otsb mobiia hearing.
(a) as stated in the City's findings of firer, or
(b) as demonstrated by the petitioner, or
(c) oa the basis of the following:
The Zoning Board, in its decision to (GRANT) (DENY) the special
exception, shall make written findings tint the applicable requirements of
this Zoning Ordinance, Section 2305, (HAVE) (HAVE NOT) been met.
(CIRCLE APPROPRIATE CONDITIONS)
1305.1 lowers and Errress.
Due consideration shall be given to adequacy of inp= and egress to
the property and structure and uses thereon, with particular reference to
automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire and emergency.
13052 OffsUM Parkin¢ and Loading.
Due consideration shall be given to offxtreet parking and loading
facilities as related to adjacaot streets, with particular reference to
automotive and pedestrian safety and convenience internal traffic flow
and control, anaagement in relation to access in case of fire or other
emergency. and screening and IaadwAving.
1305 3 Renese and Service Areas.
Due consideration shall be given to the location. scale, design, and
screening of refuse and service areas to the mama in which refuse is to
be stored; and to the manner and timing of refuse collection and deliveries,
shipmecM or other service activities, as such earner: relate to the location
and nannee of uses on s4oiniog properties and to the location and
character of u*onung public ways.
130S.4 Sims and Lighting.
Due consideration shall be given to the number, size, character,
location, and orientation of proposed signs, and of proposed lighting for
signs and premises, with particular reference to traffic safety, glare, and
compatibility and harmony with adjoining and s:aarby property sad the
character of the area.
01- 784
13051
• Due cojWdmdo* n shall be giventolL. regttir4 with particular
reference to mHabi ty and eapaeity of systems, location of connections,
and potentially adverse appearance or orbs adverse effects on adjoining
and nearby property and the character of the area.
1305.6 Drainage•
Dim consideration dMIJ be given for drainage, with particular reference
to effect on 4oining and nearby properties and an general drainage
BY== W the area. Where major drainage volumes appear likely and
capacity of available systema is fionod masgitW or inadamme,
consideration shall be given to posslbiiides for recharge of groundwater
supply on the property, uttaPormY retention with gradual discharge, or
other remedial measurea.
1305.7 Preservation ofNannal Fesunis.
Due eonsideration sball be given to provision for the preservation of
existing vegetation and geological features wheneva possible.
1305.9 Control of Potentially Adverse Effects Generally.
In addition to consideration of detailed elements indicated above, as
appropriate to the particular class or kind of special permit and the
circumstances of the particular case, due consideration shall be given to
potentially adverse effects generally on adjoining and nearby properties,
the area, the neighborhood, or the City, of use or occupamcy as proposed,
or its location, construction, "go, character, scale or roamer of
opmadom Whm+e such potentially ,donee effects are found,
-- dm shall be given to special remedial Measures appQopriase in
the patieular circumstances of the case, including scrbeaing or buffering,
landscaping, control of manna of hours of opm"on. shersdon of use of
such space, or such other mama as are required to assure that such
PotsntW adverse effun will be eliminated or minimised to the maximum
extent reasonably feaar'bieand that the use of ocapm ay will be
oompatibla and harmonious with o dw development in the area to a
impCistion of the value of nearby
Date
01- 784
4CT - e
TR `C,
I:Z�' l -i
MENEn
NW 14TH ST
MO 00
MWOM
,l
CITY OF NEANII
OFFICE OF HEARING BOARDS
APPLICATION FOR SPECIAL EXCEPTION
;EC77ON
2-653 OF THE CODE OF THE CITY OF A+IIANU, FLORIDA, AS AMENDED, GENERALLY REQUIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITMES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (NUANU CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33I33.
w0000rw00r00000wrrwrt»•wrarwrarrrwfffrAfrrrrr•rrlrr�ffrrrrfffrf•frrrrrr�rrrrrrrrrrarrwarrarrrrt•
NOTE: THIS APPLICATION MUST BE TYPEWRIT'T'EN AND SIGNED IN BLACK INK.
Within the City generally, or within certain zoning districts,certain structures, uses, and/or occupancies
specified in this ordinance are of a nature requiring special and intensive review to determine whether
or not they should be permitted in specific locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary promote the general purposes of this
Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from
avoidable potentially adverse effects, It is further intended that the expertise and juagment of the
Zoning Board be exercised in making such determinations, in accordance with the rules, considerations
and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance),
Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be
solely responsible for *terminations on applications for Special Exceptions except when otherwise
provided for in the City Code, All applications shall be referred to the Director of the Department
Planning and Development for his recommendations and the Director shall make any further referrals
required by these regulations.
I, Judith A. Burke ,on behalf of AT&T Corporation
, hereby apply to the City of Miami Zoning'Board for
approval of a Special Exception for the property located at 724 N.W_ 14th. M eel, Miami, Florida
, folio number 01-3135-019-1180 , Nature of Proposed Use (please be
specific): Parking Lot
In support of this application, the following material is submitted.
_ x 1. Two original surveys of the property prepared by a State of Florida Registered Laird Surveyor within one
year from the date of application.
X 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
010"784
X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application).
X 4. Certified list of owners of real estate within a 375 -foot radius of the outside boundaries of property covered
by the application.
X S. At least two photographs that show the entirero
p perry (land and improvements).
X 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
X 8. Pee of S 12. s �3 6. 00 1 to apply toward the cost of processing according to Section 62-156 of the
Zoning Ordinance:
SpecialException.......................................................,........................................S 800.00
Special Exception requiring automatic city commission review.......................$2,000.00
Extension of time for special exception.— ......................................................... S 500.00
Public hearing mail notice fees, including cost of
handling and mailing per notice........................................................................5 3.S0
Surcharge equal to applicable fee from item above, not to exceed eight hundred
dollars (5800.00) except from agencies of the city; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (3 75) feet of the subject property.
Signaty �—
Name Judith A. Burke, Esq -
c/o Shutts & Bowen,
UA -
Address 201 South BiscaY'ne Boulevard
Suite 1500
nn_ ,�am; _FlorLda 33131
Telephone 305-379-9187'
Date March 6, 2001
ol- 784
STATE OFFLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
19 + by who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
**AA********♦*ARAAAA*AA**AAA*AAAAAARA**Ai*AAi**AAA**Ai*AAAi**AAAAAAAAAAAAAAAAA**AAAi*iAAi4�Ai***
STATE OF FLORIDA
COUNTY OF MI"G-DADE
The foregoing instrument was acknowledged before me this day of Marchtom, by Judith A. Burke, aS legal representat of AT&T Broadbari —
a corporation, on behalf of the corporation.
He/She is personally known to me or has produced as identification
and who did (did not) take an oath.
Notary Public -State c f f% 4tn M�; y " - . L �^ y
Commission No.:
MyExpires ri,� ,:,
Commission
AAi**A**A*iii*i**AAAAAAAAA*AAAAARAAAAAAi*iiAAAARAAAAAAAAA*AAAAAAAAAAAftAAAAAAAAAAAAA*iiAAAAAAAA*
STATE OF FLORIDA
COUNTY OF MIAMI•DADE
The foregoing instrument was acknowledged before me this day of _
19 , by partner (or agent) on behalf of
. a partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
o — 784
AFFIDAVIT'
Before me, the undersigned authority, this day personally appeared
Judith A. Burke , who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she represents, if any, have given their full and complete
permission for him/her to act in his/her behalf for the change or modification of a classification or
regulation of zoning as set out in the accompanying petition, Rkincluding responding to day to
day staff inquires, 0 not including responding to day to day staff inquiries in which case he/she
should be contacted at
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct.
Further Affiant sayeth not.
AT&T Broadband _ /� \ � f
-ions Inc.
Applicant Name Applicant Signature Judith A. Bur Esq,
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing Instrument was acknowledged bpfore me this March
2001 by Judith A. Burke, Esq. as 164dl resP1iVSMTta-_,%81
s
—0— A"w UwQadband
a
corporation, on behalf of the corporation. He/She is personally known to me or has
produced as identification and who did (did not) take an oath.
(Stamp)
C..; 114 U-711 =1
7 8 4
OWNER'S LIST •
AT&T Broadband f/k/a Miami Telecammu�ications, Inc.
Owner's Name
Mailing Address Annex PO Box 5630, Denver, Colorado --Zip. Code 8021
Telephone Number
Legal Description:
HIGHLAND PARK PB2-13, Lots 9&10 & 11 thru 15 & Lot 16 less portions described in Exhibits "A" „ and B"
Owner's Name
�y
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address
1398 N.W. 7th Avenue
Miami, Florida
Street Address
Street Address
HTQILAZ\1D PAPP 1 th= S less
E17.5FT & less.s5FT tereo or BTMk 6
Legal Description
Legal Description
0I- 1'j
r •
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property: 724 N.W. 14th Street
See Exhibit "A" for legal description
2. Owner(s) of subject real property and percentage of ownership. Note: 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.
AT&T Broadband is a corporation -Whose, stork is publicly traded on the
New York Stock Exchange
See MYhibit "C"
3. Legal description andstreetaddress 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.
1398 N.W. 7th Avenue
HIGHLAND pAm< PB 2-13., hats 1 thru 8 less E17.5FT & Less S5ET thereof for
R/W Block 6
Judith A. Burke, Esq.
Owner or Attorney for Owner Name Owner or Attorney for Owner Sig ure
STATE OF FLORIDA '
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of March
2001 , by Judith A. Burke, as legal representative of AT&T'13t Qt5aTf�"
a
corporation, on behalf of the corporation. He/he is personally known to me or has
produced as Identification and who did (did not) take an oath.
(Stamp)
Siphrn t re
rl(..q,y�.o.Y ri. 4..M.. �. r.i`•'wei •..+w.+..��
11,
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SHUTTS & B OWE N LLP
ATTORNEYS AND COUNSELLORS AT LAW
IA PARTNERSHIP !NCLVDING PROFBSSfONAL ASSOCIATIONS)
JUDITH A. BURKE
DIRECT ),INE (3051379.9187
E -Mail: iburkc@shutts-laty.com
VIA HAND DELIVERY
Ms. Teresita Fernandez
Chief, Office of Hearing Boards
The City of Miami
444 S.W. Second Avenue
Miami, Florida 33130
15DO MIAMI CENTER
201 SOUr i BISCAYNE DOULEVARD
MIAMI, FLORIDA 33131
MIAMI (305) 350.0300
BROIVARD (954) 467.8841
FACSIMILE (305) 381.9982
March 7, 2001
RE: Application for Special Exception to Surface Parking in an SD -12 Special Buffer
Overlay District to Serve the Abutting C-2 District
Dear Teresita:
This firm represents AT&7' Broadband ("AT&T"). AT&T owns all the property located on
Block 6 of Highland Park, less portions of Lots 9, 10 and 16 (the "Property"). (See Exhibit "A").
Lots I through 8 are zoned C-2, Liberal Commercial (the "Commercial Parcel"). Lots 11-15 and
portions of .Lots 9, 10 and 16 are zoned R-2, Two -Family Residential, with an SD -12 Special
Overlay District (the "Vacant Parcel"). (Sec Exhibit `B"). The Commercial Parcel and The Vacant
Lot are separated by an alley. AT&T wishes to develop and operate a parking lot on the Vacant Lot
to serve its customers and employees using the Commercial Parcel (the "Proposed Parking Lot'),
Pursuant to Section 612 of the City of Miami Zoning Code (the "Code"), the SD -12 district
"is intended to create [aj buffer area between residential and nonresidential districts—where a
residential lot shares a common lot line with (or is separated only by an intervening alley)."
Additionally, "[bjuffer overlay districts may be developed as parking lots in combination with
adjoining commercial, office or industrial lots to allow greater flexibility in development of [the]
land." Thus, in accordance with the Code, the Vacant Parcel may be developed with a parking lot
in combination with the Commercial Parcel. However, pursuant to the same section in the Code,
vehicular access to or from the residential area in an SD -12 Overlay District is specifically
prohibited. Therefore, AT&T was required to provide access from N.W. 141h Street instead of N.W.
Vh Court, which divides the Property from a residential district. As the plans show, AT&T has
complied with that request.
In January 2000, AT&T obtained the required Comprehensive Neighborhood Plan
Amendment and the Zoning Atlas Amendment to rezone a portion of Lot 16 to a C-2 designation
AMSTERDAM FORrLAUDERDALE LONDON MIAMI ORLANDO TALLAIL&S5EE WESTPALM BEACH
01- 784
Ms. Teresita Fernandez
March 7, 2001
Page 2
in order to provide the required vehicular access to the Proposed Parking Lot. (See Exhibit "C").
After approval, AT&T hired an architect and submitted architectural plans for the Proposed Parking
Lot in November 2000 (the "Plans"). It was not until this past month, however, when the Plans were
rejected by the City's Planning Department, that AT&T became aware that a Special Exception was
required.
The Plans meet all setback, frontage and lot width requirements. Vehicular access will be
restricted to N.W. 10 Street as allowed by the zoning and master plan amendments already
obtained. A six (6) foot high wall will be constructed within the applicable setbacks and there will
be no unenclosed storage of trash or garbage. Additionally, AT&T is not requesting any variances
from Section 612 of the Code.
Approval of this request is crucial to AT&T's operations on the Property. The Proposed
Parking Lot will provide eighty-nine (89) parking spaces in total. These spaces are required for
AT&T employees and customers who visit AT&T's payment center. AT&T's employees and
customers currently park in the unimproved Vacant Lot. menial of this request will restrict AT&T's
use of the Vacant Lot and would most likely require its customers to park in the residential
neighborhood causing increased congestion to the area.
AT&T has complied with all of the City's requests in planning for the construction of the
Proposed Parking Lot and meets the criteria for a Special Exception. Therefore, we respectfully
request your recommendation for approval of this application and thank you for your consideration
in this matter.
Very truly yours,
Judith A. Burke
cc: Ms. Lucille Librizzi
Mr. Sean Hendrix
Mr, Dave Murray
Jean -Charles Dibbs, Esq.
Lillian A. Ser, Esq.
MIADOCS 403485.1 L%C
Ot-- 784
r
LEGAL DESCRIPTION
i ALL OF THE FOLLOWING DESCRIBED LANDS IN BLOCK i, `NIGHLAND PARK",
ACCORDING. TO THE PLAT THEREOF RECORDED IN PIAT BOOK s AT PAGE 12 OF THE
i PUBLIC RECORDS OF DADE COUNTY, FLOR40A, TO WIT:
LOTS 11 AND 2 EXCEPTING THSREFNCM THE EASY 17,6 FEET AND ALSO EXCEPTING
THAT PART OF SAID LOTS WHICH WEB WITHIN THE EXTERNAL. AREA FORMED BY A
50.00 POOT RADIUM ARC CONCAVE'TO TWE LLQW4- VVZ--* '. !.y-%:OGtJ7 TO Pr fit NohTH
WITH THA NORTH SOUNDARY OF SAID LOT 1 AND TANGENT TO THE FAST WITH A
LINE THAT IS PARALLEL TO AND 17.6 FRET WESTERLY OF, AS MEASURED AT RIGHT
ANGLE TO, THE EAST BOUNDARY OF SAID LOTS 1 AND 2. SAID EXCEPTIONS IN
ACCORDANCE WITH STATE OF FLORIDA DEPARTMENT RIGHT -010 - WAY MAP FOR
NORTHWEST 14TH STREET AS RECORDED IN PLAT BOOK 101 AT PAGE 14, SHEET 4
OF 6 SHGETS, OF THE PURUC RECOROS OF DADE COUNTY. FLORIDA,
,r ALSO LOT 3, LESS AND EXCEPT THE EAST 13,00 FEET THEREOF, DEDICATED TO THE
i, CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 4, LESS AND EXCEPT THE EAST 13.20 FEET THEREOF, DEDICATED TO THE
11� CITY OF MIAMI FOR ROADWAY PURPOSES,
ALSO LOT 6, LESS AND EXCEPT THE EAST 13.00 FEET THEREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 8, LESS AND EXCEPT THE EAST 13.20 FEET THEREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 7, LESS AND EXCEPT THE EAST 12.75 FELT THERROF. DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO LOT 8, LESS AND EXCEPT THE EAST 12.80 FEET THEREOF, DEDICATED TO THE
CITY OF MIAMI FOR ROADWAY PURPOSES.
"CSO THE WEST 76.5 FEET OF LOT 9, LESS AND EXCEPT THE EAST 3.20 FEET,OF THE
NORTH 26.5 FEET THEREOF..
ALSO THE WEST 72.9 FEET OF LOT 10.
ALSO ALL OF LOTS 11 THROUGH 14, BOTH INCLUSIVE.
ALSO LOT 14, LFJ5 AND EXCEPT THE WEST 79 FEET THEREOF.
ALL OF THE FOREGOING SUBJECT TO ANY DEDICATION, LIMITATIONS,
RESTRICTIONS, RESERVATION OR EASEMENTS OF RECORO.
LESS
ALL OF FOLLOWING DESCRIBED LWD IN BLOCK 6. "HIGNLAND PARK", ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA TO WIT'-
THE
IT:THE WEST 13.6 FEET OF THE EAST 11.5 FEET OF LOT 2.
ALSO THE EAST 4 FEET OF LOT 3, LESS AND EXCEPT THE EAST 13.60 FEET THEREOF,
DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES,
ALSO THE L" -AST 4,3 FEET OF LOT 4, LEAS AND EXCEPT THE EAST 13.20 FEET
TMERSOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES,
ALSO THE LAST 4.5 FEET OF LOT 6, LESS AND EXCEPT THE EAST 13,00 FEET
THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4,3 FEET OF LOT 6, LESL AND EXCEPT THE EAST 13,$0 FEET
THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4.15 FEET OF LOT T. LESS AND EXCEPT THE EASY 14.76 FEET
- THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY PURPOSES.
ALSO THE EAST 4.7 FEET AND THE SOUTH 6 FEL=T OF LOT 9, LESS AND -EXCEPT THE
/ EAST 12.80 FEET THEREOF, DEDICATED TO THE CITY OF MIAMI FOR ROADWAY
PURPOSES.
ALDO THE SOUTH AND THE WEST 5 FEET OF THE WEST 755 FEET OF LOT S, LESS
AND EXCEPT THE EAST 3.20 FEET OF THE NORTH 21146 FEET THEREOF:. -
ALSO THE WEST 5 FEET OF THE. WEST 7ZS FELT OF LOT 10.
ALSO THE WEST 6 FEET OF LOTS 11 THROUGH 11,
Exhibit A.
hem,..,.. ,..._..,.,fit .�, —78 4
r
[fit
U
Proposed SD -12
Parking R"2
Lot
C-2
W.V. 1144H 15MEET^
Fr --C-2
00 X
n
LOCATION SK 'ETCH
...,�.,�,.
SCALE' 1"= 1 cY3'
Exhibit B
1 #3 �
EXHIBIT "C"
MIAMI TELE -COMMUNICATIONS, INC.
AT&T Corp
100% VoUng Common Stock
Tele-Communications, Inc.
89.792% Voting Common Stock
TCI Holdings, Inc.**
100% Voting Common Stock
TCI Southeast, Inc. ••'
100% Voting Common Stock
TCI Cablevision of Florida, Inc.
i 100% Voting Common Stock
Miami Tele-Communications, Inc.
"AT&T Corp is a corporation whose stock is publically traded on the New York Stock Exchange. IT
has more thao 1,000 shareholders. }
•" The remaining percentage of TCI Holdings, Inc. is indirectly owned 100% by Tele-
Communications, Inc. and is directly owned as follows:
•1.528% by TCI Cable Investments, LLC
•.174% by TCI Cablevision Associates, Inc.
•6.937% by TCI Development, LLC
• 1.476% by Liberty of Greenwich, Inc.
• .093% by Liberty Capital Corp.
The non-voting common stock and the preferred stock is held by TCI TKR of Wyoming, Inc.,
which is Indirectly wholly owned by Tele-Communications, Inc.
01- 784
".Z; V"-VNa
. i.
Ibl.AGE01 : FL -99-36169-2 03/18/1999 do:20pm • !'age 1 of 1
ion �uN -7 rn t2� s6 8 8 R1995i3- e'i "f'
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first party, to MIAiC TME--�R'Jl�l�MCA1'ICiSr M.
whoa pa sof f in ire alli11 i0 7V
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fhnl III# laid first party, for and In ronrtdrroll°n of dip rang of $10.0
1 In fond Mid by the sold artvnd imply, fhr reeript guhneof U hrrehy ackU'ledgeel, dao herby romlar, n• !
f�Ilead and dufbtleln unto the void ascend pony foret„a all the right, late, Inlfrra6 rialm o,1d drmaad which
the tatd ftnl party lw in and to Ike jeflowirif 401,71bod leg. Pifer w poen( of hand. nasals, lyrna and bing '
In the County of i311LE $last► of 10•4.4n I
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�
The Heat 16,5 !set of lot 9, LE53 AND F7ICSYT the .
Coat 3.20 feat of the North 26,5 feet, of Block 6,
at HIGKLAt11O PARK SM)M6ION, according to the
Plat thardeofl as recar ed in Plat Book 2, at Page
;I 13, of the P.tblic PJjG ds of WtdO County, Florida.
Daeu), StaTpa CeNaelad il2'r
i r
1�UR7Alt We Stamps C011eeiad
Mesa •C In ana ole Tar Collected
Py ( •
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1
o i{aue and to �lo(d fllf settle logelhrr With al( and a1ng11lar 1110 apPlulrnanrry fhfretime 1
f ffulpinif or In onywilf, ■oprriafnlnp, end oft Ihr relate, right, fill&. fnlrr►il, lqn, epully and claim what. 1
asterr of the said lint Party, dilly rn lou' or r9uny, Io the only props uw, brnefll and bhaof of the said 1
e,nnd Part? farm". I
In Tfilta if Whmofr r6r said ffnt aanr he, oonr l and sealyd Ilirar Pnren4 the ia/ Ond pun t
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tuc�r+ [er`9(Ae
1 NSREIl' CLR7111' Au on [Vg day, Advices at, an
Ar -p duly rulhoend in I. -It Stagy steroid and In At County sranmld is Wits arlaewledpwr.A prraanallA sPWared
f":.t1R17OE ARht>Di13ST
to me linrwa is 4111, pews olnerfhd In ad w+so Muled 1Rt (ahTaGT inararaeal and ihE atkcawkdaed
u•lore mr tfrat 5*- 'aertiled Alit lulu, IML
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��'. Shutts b BMARM MyCCmAW&wn,tas'Mof•1,to
:111Jnst 100 Chopin Plaza, 16th Floor
Miami, Florida 33131 8
• lA'SAG1w01 : !~L-99•36169-2 03/18/199010:20pm
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913158 719
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A orimbla of omtw Mi+rni. MA., a 1'loctda Upitad parawrd%Lp
Ant prly, to
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"Cold fartrl .
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M hand rstd 6r 111 wdi uaaad Iwo. fill lnrealel U•heeaof is 6VIF arlraadedpd. am hareiy rwmea' to.
J.wa WW plil-culai lots Ib ad .-mad ,wry farau►r, oil rhe 0041, e11ot, sltwad, alslla and drvew whcth
Av and fine parly ins to well to the full-4ne daomied Jill. filar r asomp! of Isnd, ellnale, (ylerl sad lient
Is Ib Cswty of Stades I Slrle of 711662 . , le.wll:
This p•opaM dowribod in WAbit "A" attacherl
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aoYvo at ohs ad 944 nartr, elliar rle Ime, r wtnlly, to rha anla Wap17 vu. 1-40.111 ,4aJ lehaef .f As, Saw
.ereend pert), lnwef. /+
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unnlryaald sold datoew 91 N+►!ma all A=Cna �•
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wiTww at land tad o flda .r: f e aw lr .a l.r ll denial! Alk 34th- Qa 0 - ��i�
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.1-1016: wue-HNr
Page 1 of 2
01- 784
:ATE: 03/10/99 T -ML; C3:".5 PM TO:
IMAUEO1:FL-99-36169-2 03/18/199900:20pm
.W;q4M�e,8 1.111;! V, WWII
4W
'4
Mel Pro2!xty Lenrripl�iuM
Th: property LoCated at 1306 U.W. 7th kventAe,
KI Mit V Mr4da 33130# and boing mart partic6tarly
described as?
Ail oe the 21a11owinq described lands in Glacit G. I-12IIHANO
PARK, accorplivq W the Vlat thereof roonrd*Al in Viet Back I
at Palo 23 .1 the Poblit: Rcords of Da4pt County, rInrida,
to -wit I
Late I and 2 ZXCFJTrR0 WSRUSOM tha East 17.5 feet and also
ZXCEPTUr. that part of said Late which list within the
external area totned by a 50.09 Loot zodLus are concave to
the 804thW*dto tangent to the North with the Worth boundary
of said Lot, I and tangent to the test with a line that in
parallel to and '.7.S feet Wontexly at, as measured at 7-ight,
angle to, the tact boundary of said 14ts I and at said
exnaptions, in accordance with STATE OF F14n9DA-VVPhATM2NT-
RIGHT-OF-WAY XAP for NO?tTHWIST 14TH STREET an revordoid in
Plat Book 101. at Page 14, Sheet 4 of 5 sheets, of the public
Records of Dads County, Plarida,
ALSO -Lot 3, 1.}111 AND XXCZPT the test 13.50 fact thszvof;
dvAicated to the City of Miant for roadway purposes.
ALSO -1001. 4, 4669 AND FXCI;Pl the Zest 13.20 feet thermof,
dedicatee to the City or Mimi for roadway P'Ut?osop.
ALSO -Lot S. LESS AND sxCzPT the Best 13.00 feet thereof,
dedicated to the City of Miami for roadway purposes.
AM -Lot G. 1=$ JUD ZXCXrX the East 1.3.20 fest thereof,
dedicated to the Ci.ty 09 MiAWi for 7D8dWAY PUVPQ*66.
ALSO -Lot 70 TABS AND INCEPT the Uat 12.75 fast thereof,
dedicated to the City of Miami for voa*way piltests.
AL90-Lot I# LUC AND VXCZP7 the East 12.00 fooU thavact,
dedicated to Cho City of Miami for roadway purges$.
me*-Tho'wost 16.3 feet of Lot V# LXSS ANA INCEPT the Best
ly '3.30 fact of the Worth 26.5 feet thereof.
AZAD-The West 72J lost of Lot LC.
UJO-All, of Lots 11 through Lb, bothinclusive.
ATAD-Lat Ili ?ASS U0 XKCEFT the West jV 9A*t thereof.
ALL of TKE rQ%XWZffQ 8UAJKCT TO any dedications, limitations,
reetcWtionat reservation at easements of record.
rut wrr. 1t01&
AILA-1 18111no
ACCRA" P. IRWW
CLUIA OHM W,
LIS
PAGE: 008-008
Page 2 of 2
784
724 N W 14 STREET
R-2/TWO FAMILY RESIDENTIAL
With
SD-12/SPECIAL BUFFER OVERLAY DISTRICT
SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as
amended, Article 6, Section 612, to allow surface parking.
Class II Special Permit to request a waiver of Guides and Standards to omit
two interior landscape islands and some periphery landscape.
Class II Special Permit where a project crosses an alley and is designed as a
single site.
"Subject to City Commission approval.
Subject to resolving the platting issue with the Department of Public Works.
WFI
e McPhee Date
Zoning Inspector II
r,
oi- 784
M1
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PLAN�WG NOTES
-GENERAL_ NOTES --
w rtA ttrati..r,✓...,4uam,mtn�.,t
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SECTION •ISA_ n
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