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HomeMy WebLinkAboutR-00-0247J-00-223 2/29/00 Go- 247 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE RECOMMENDATION OF THE DIRECTOR OF THE PLANNING DEPARTMENT FOR ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 99-0277 FOR A MURAL AT THE PROPERTY LOCATED AT APPROXIMATELY 1 NORTHEAST 1sT STREET, MIAMI, FLORIDA, PURSUANT TO SECTION 401 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. WHEREAS, the Director of the Department of Planning is recommending approval of Class II Special Permit Application No. 99-0277, for a mural at the property located at approximately 1 Northwest 1St 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 Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants CM CODWSSION MEETING OF MAR 0 9 2000 �? Resolution No. 6 /,1 r -J to approve the recommendation of the Director of the Department of Planning for the issuance of the Class II Special Permit; 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 hereby adopted by reference thereto and incorporated herein as. if fully set forth in this Section. Section 2. The recommendation of the Director of the Department of Planning to issue Class II Special Permit Application No. 99-0277 for a mural at the property located at approximately 1 Northeast 1St Street, Miami, Florida, is hereby approved, and the City Commission finds that the issuance of Class II Special Permit Application No. 99-0277, does meet the applicable requirements of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!' !i 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 C� 0 "' �'�+ PASSED AND ADOPTED this 9th day of March -, 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated ID), A; provided, said legislation w Iarzmes effective with the elapse of ten (1O-daorn the d ommi ction reWdnq same, without tile Mayor exercVol, A 4-A-- — ATTEST: WALTER J. FOEMAN CITY CLERK - - 2-FERM, DRO VILAULLO C c ATTORNEY Y -VW4 2 2 4: YM'i': e 1 j Page 3 of 3 00- 247 CITY OF MIAMI, FLORIDA ® PZ -2 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: lw": Donal arshaw City Manager RECOMMENDATION DATE: MAR _ 1 2000 FILE SUBJECT: Request for Class II for Mural at 1 NE 1 S` Street REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the attached request for a Class II Special Permit for the proposed Mural with a commercial message at 1 NE 1 S` Street. BACKGROUND The attached request is for a Class II Special Permit for a mural containing a commercial message for Kodak. The building on which the mural is to be located is within the downtown area and located at 1 NE 1" Street. The property consists of CBD Zoning which allows such murals and requires the City Commission to approve the proposal. • The Planning and Zoning Department has referred the proposal to the Urban Development review Board, where a favorable recommendation was forwarded to the Planning Director. The department has reviewed the proposal and has found the artwork and commercial message to be consistent with the intent of the Ordinance. Based on these findings, the administration is recommending approval of the request as submitted. I- DHW/JL/AGS/LYS 00- 247 CLASS ll SPECIAL PERMIT NO. - 0� '7 CLASS If SPECIAL PERMIT ZONING REFERRAL COMPLETED BY APPLICANT OWNER OWNER PHONE NUMBER r APPLICANT ADDRESS ' / ZIP CODE gg000&(037 BUILDING PLAN APPLICATION NUMBER CERTIFICATION Pursuant to the fee schedule, a fee of $ shall be required p or )the review and issuance of this Class II Special Pe re non-refundable. OF Af.N01' SEAL NOTARYPUBLIC PMRDRIGUFZ RI OP R PU OTARY MY COMMISSION EXP Ar-OMMESION NO. UG 3� T bje osal has been reviewed by Zoning Division of the Planning & Zoning epartm nt. It is found to be In co i ce with I applicab zoning regulations and requires a Class 11 Special Pe it pur ant to the above cited se i s) of Ordina ce 110 , as amended, the Zoning Ordinance of the City of Miami, lorida. 3 ' 7A INP, PINS E d i DATE DATE A building permit for the work proposed herein and/or a certificate of occupancy and/or certificate of use for the use proposed herein, must be obtained within one (1) year from the issuance of this special permit, at which point the subject special permit shall expire, unless extended. 00- 247 CLASS 11 NUMBER NUMBER rty Name Mural. with Commercial Message SS REFERRED REFERRED- BY BY RE L- REFERRAL . DATE DATE .. N.E.T. N.E.T. AREA AREA .REFERRED REFERRED TO TO NEIGHBORHOOD ENHANCEMENT TEAM And Rodriguez Anel Rodriguez CLASS 11 SPECIAL PERMIT REFERRAL , Down[own- Downtown Patricia Cu[ro Patricia Castro CLASS CLASS 11 NUMBER NUMBER rty Name Mural. with Commercial Message SS REFERRED REFERRED- BY BY RE L- REFERRAL . DATE DATE .. N.E.T. N.E.T. AREA AREA .REFERRED REFERRED TO TO 99-277 ' 99-277 And Rodriguez Anel Rodriguez 12/14/99 12/14/99 Down[own- Downtown Patricia Cu[ro Patricia Castro .1 NE 1 Street.... tate Zip Miami, FI:, r ENCLOSURES Class II Referral Sheet i Mural • COMMENTS REQUESTED BY: 12/20/99 ' "*PLEASE NOTE: 1f comments are not received within the requested time, the Planning and Zoning Department will issue. Class II Special Permit accordingly. CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444, SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 BRIEF DESCRIPTION OF PROPOSAL, Mural Signage. Sent by: STEARNS WEAVER 305 789 3395; Mt&m Fim�r rtiS AdG WWI p•Jti. : 3W,4.162M FPCV : tLy of AFFIDAVIT 5TATt OF FLORIDA 1 ) $$ COUNTY OF M1AhU-DAX?E 1 03/,..,1 /00 11 :43; jetra7C #A50;Page 212 0 of t 0:441,91 Kam Bofors me, tits urtdergpiod "ark. this day p�vly N � Gtw3 W. who beiag by ms first duly r'soam, 000 oatli, deposes nerd SVC 1. Ttut WSW is the owner, or the lsgsj rerpiwtuivs of dee **near, sabenatting the socompanying application for o public hearing as rsgUkO by the Zeroing d;)rdlpance of the City of Wain' Ftotkta, atf'sZOUS eine real property 1aced an the Giry of Miami. ss dow- ibed acrd lIsW ca the pages &uwjsed to titis,tfftvit aaad ands a part thereat, That sl} owners whish he/she Npraesotrta, if away, have given their Nil AW aaompletR pormtesiOn for httta/tsar to act in hia ct beiulf for the ohanp or modification of a alaaslt'ie4ttion or ntguistion if toning as est out in the accompanying petition. 1. That tho puss attached hereto and arcade r part of this A idsvit contain tits ounwtt names, Mailing sddrossea, telophone numbers and legal dasWr4P91006 far tbv roan pruptrty of wbich h&*w is, the *weer or legal rapt atative. 4 The facts as represented in the applicwinn and documents atabntittead in cftuncti,aar with this affidavit are trot and tortsct. Farther Afflant aaeyeth net. Appi at STA'fk OF FLORIDA d jt- tyG G j ac - COUNTY OF MIAMI*EGAD E The 101t801319 1 utrumful was W ! y ..... _._.. by R &!4E fie/She its perwaaily known to ase or and who did (did not) t4s &A arch. ru:t�' 01 _ ::�l'•14ik9 1014? before me this r•, _ 3p5-1162031 ds. " _ wl'- .� � agepa>ratroat. ort baltal Nam: I +� x Notary Pub3la- b c�Cras�iesion Na.: My C.ommiuioa Expires: as i4lerm ioation F'. iV"" 00— 4 !'r�R--r�1-GYJVYJ 11 • J ! .� f CtYiIYJ WCI'IVC1[ M DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Address: 1 N.E. I" Street, Nfiami, FL 33131 Legal: Miami North PB B41, S t/2 Lot 9 Less S25FT 1.251N of W 31N M/L & Lots 11 & 12 Less N61N MIL of Lot 11 & All Lots 13 h 14 Blk 105 2. O"ner of subject real property and percentage of ownership: Mc*onWI Partners, Ltd. 169-E. Flagler-St., *1600 Miami, FL 33131 100% 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: None Matthew W. u cl:, Esq. Attorney For Applicant STATE OF FLORIDA ? SS: COUNTY OF MIAMI-DADE ) The fbir i ig instrument was acknowledged before me this day of , 2000 by �j W&Arr a" 55aE a orporation, on behaftof the corporation e/She is personally known tom has produced as identification and who dial (did not) take an oath. ` 1 1 \il��{H11111/(i/f/ rte• mac,. iasc�, Name: Notary Public,(�to T Commission No.: SIC,_My Commission Expires: TOTAL P.002 00- 21,147 �r OriDa 13eporttnent of Otatr I certify the attached is a true and correct copy of the Certificate of. Limited Partnership, as amended to date, of METROMALL PARTNERS, LTD., a limited partnership organized under the laws of the State of Florida, as shown by the records of this office. The document number of this limited partnership is A92000000287. CR2EO22 (1-99) Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twenty-eighth day of February, 2000 �Rathvrinr ;44arris Srrrrfary of , '12`4 j r 7 1- ,247 tur DKtIVIVCIC 01 UltIVJ I MV I tL � JUJ-7 � �-UJ�J Jan Lo I UU r .- JL IVO . UU1 r . UL OEs. I ST4.©i/ • r �alE�o�� i4q >lv�i ��Kms• *IN "M C2RCUIT COM OF TM ZUCVMTH JMICrAL 011CVIT IN AICD Hoar DADZ oov>RTir. Pt.QRIDs r 01IMML JORISOICTION DIVISION CIVIL i1CTYo)1 90. 92- 9320 88C. Tz"T UNION i AVIONAL am at TZMTDA, a national banking asaccietion, Plaintiff (r) /petitioner (a) ve. 10TROXAM ASSOCIATRB, LTD., oto., Dafeadanb (s) /Aespondent (■ ) CBBT2FICKTZ OF TILE Chapter 46 HARVEY CLSKsOAM COWITYo i1 T= U1/D MIdl16D CLEm of this court certities that a Certificate of bale wag executed and filed in this action on January 6, 1993 , for the property blRXp4A sad that objections to the sale hove either not boon filled within tR�;t 'tilthrsd by statutory law or, if tiled, have been heard by the court. The pit rty in Dade coanky, Florida and described as follower (61M AT2'ACIMD COPY) MEPC pARiMM, LTD . , a Florida limited parte ship, was sold tom c/o American Businass Centex, 34 S.W. 2nd Avenuo, Suite 701, Mi.avd, Florida 33131 Wl"268 my band and the Beal of thio court on January 20, 1993 Harvey Rvvin, Clark �r 1' m tlrol�r:.!!ra��i2gr,.. +I+wr� bKtNNtK 6 U1LN5IHu I tL ; OU:) -O (:)-U:)00 J d(1 Lb , UU ( ; :)4 N0 .UU 1 r . US - VURTHOUSE ' 15785N0401"Th ' AEC g�� Oris: The South 75 feat of Lot 9 and all Lots 11 and 12, Block 105 North, City of..Miami, acaordigg `. to the Plat thereof, recorded in Plat Book ' "B", at page 41, of the Public Records of Dada County, Florida, except the following describedpercale of lands That strip of land in Lot 11 of said Block 105. North, more particularly described as follows= ;r Beginning at the Northwest corner of &aid Lot' 11, thence running South four and* three- , quarters (4-3/4) inches; thencei Basterly to a ; point on the Sant line of said Lot 11, which point is seven (7) inches South of Northeast earner of said Lot 11 thence North to the thence Northeast Noses' of said Lot 111 .Sleet along the North line of said Lot 11 to the point of beginning. Also that strip of land . in Lot 9, of acid Block lob, Horth more particularly described as followns Beginning at the Soulhwaet corner of saidd Lot 9, thence Bast a distanpe of three and coo -quarter (3-1/4) inches; thence North a distance of twenty-five (25) feet and one and one-quarter (1-1/4) inches to a point two and three -i artes: (2-3/4) inches Bast of the West line or. s-, d Lot 9= thence West to the said went ling of said Lot 9, thane South along the said west line of.caid Lot 9 to the point of beginning., PARCEL Two; Together with the leasehold estate and Interest of the losses in and to that certain ninety-nine year leas& dated April 6, 1945, recorded in Deed Book 2494, at page 306, bade County Public Records, as to Lots 13 and 14, Block 105 North, City of Miami, according to the Plat thereof, recorded in Plat Book "B" at page 41, of the Public Records of Dade County, Florida. - pM�Dln ,w h►,c,.� .r�DtDi Yow ci - ` HARVEY AUWR CUM Gp[uu coag �t Y 4V9 4. n • CERTIFICATE OF LIMITED PARTNERSHIP OF NIETROMALL PARTNERS, LTD. it Florida limited partnership The undersigned general partner desiring to form a limited partnership pursuant to Florida Revised Uniform Limited Partnership Act as set forth in Part I, Chapter 620 of the Florida Statutes, hereby states the following: I. The name of the Partnership is MetroMall Partners, Ltd. 2. The address of the office of the Partnership is American Business Center, 34 Southeast 2nd Avenue, Suite 701, Miami, Florida 33131. z. The name and address of the agent for service of process on the Partnership arc 13 & C Corporate Services, 175 NW First Avenue, Suite 2000, Miami, Florida 33128-9965. pi;C u0c'. 5w y 4. The name and business address of the general partner is MetroMall Partners, Inc., American Business Center, 34 Southeast 2nd Avenue, Suite 701, Miami, Florida 33131. S. The mailing address of the Partnership is American Business Center, 34 Southeast 2nd Avenue, Suite 701, Miami, Florida 33131. The latest date upon which the Partnership will dissolve is December 31, 2043. 7. A conveyance or encumbrance of real property held in the Partnership name, and any ether instrument affecting title to real property in which the Partnership has an interest shall be executed in the Partnership name by the General Partner. The execution of this certificate by the undersigned General Partner constitutes an affirmation under the penalties of perjury that the facts stated herein are true. I'- .MI'. Il .,1110 bill. I jA .1111.' 0 247 J IN WITNESS WHEREOF, this Certificate of Limited Partnership has been executed by the Director or the. sole General Partner of MetroMall Partners, Ltd. this 13th ftp o&nuary, tA- General Partner: '0 , 0 METROMALL PARTNERS, IN n By: arw'Cassel,- Prisidcnt ACCEPTANCE OF APPOINTMENT AS REGISTERED AGENT Having been named as registered agent for 1150 Associates, Ltd., a Florida limited partnership (the "Partnership") in the.foregoing Certificate of Limited Partnership, I, on behalf of the Partnership, hereby agree to accept service of process for said Partnership and 16'comply . with any and all Statutes relative to the complete and proper performance of the duties of registered agent. REGISTERED AGENT B & CtOPORATE SERVICES, INC. By: JameI Vice President r p` r {j AFFIDAVIT OF CAPI!QNTRIBVTIQNS STATE OF FLORIDA -�i SS: 4, COUNTY OF DADE �r BEFORE ME, the undersigned personally appeared Marwin S. Cassel, President of MetroMall Partners, Inc., constituting the sole general partner of MetroMall Partners, Ltd., a Florida ismited partnership, hereinafter referred to as the "Partnership", who upon being duly sworn, certified as follows: The total initial amount of capital contributions and anticipated capital contributiols by the limited partners is $7,500. FURTHER AFFIANT SAYETH NOT. Under penalties of perjury I declare that I have head the foregoing and that the facts alleged are true, to the best of my knowledge and belief this September 18th, 1992. General Partner: .'� IMI'�ll'..�IPI'UNll.lat V 11111 METROM LL PARTNE S, INC. By: atwin S. Cassel, President 7 'i rNift suPPLFmr=NT L AFF1DA1t1TDF CAPITAL CONTRIBUTIONS • FOR A FLO IMUMITED PARTNERSHIP .}vim The undersigned, constituting, all of the Don erAt partners of /yl Errttt nf A LL nAATiV e,)2f, UT6 a Florida Limited Partnership, executed this supplemental affidavit filed pursuant to section 620.112, Florida Statutes. The total amount of the capital. contributions of the limited partners 1s $ 5,7,00,00_0_ fli t. M fJl r� -n iz- This ?-O� day of ►'�-.�-e th- , .1s 9 � � � � m _ F. mn M T �ti ,::2 FURTHER AFFIANT SAYETH NOT..? N' o� Under penalties of perjury I declare that i have read the foregoing and that Melaa are ,true, to the best of my knowledge and belief. General Partner dot Pi II,VM 0/M-? N E7t� tA+G ! C—tE LaL PAMVSIL 1111 -ISE 20 (7-90) FEES: $7 per $1003, based conal contributions Minimum S52.50 '- um $1750 7