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HomeMy WebLinkAboutM-98-1086Ewronr Asa mom EAST P"Ic AMSTERDAM MILAN ALMATY BARCELONA MOSCOW BAKU BERLIN MUNICH BANGKOK BRUSSELS PARIS BE: JING BUDAPES? PRAGUE Kt ii OLKHCJLM +• - LAUSANNE WARSAW "E_BOURNE LONDON ZURICH SINGAPORE MADRID 5YDNEY •A PE' ANTHONY J. O'DONNELL. JR. ANTHONY.O'DONNELLO BAKERNET.COM (305) 789-8918 BAKER & M";KENZIE ATTORNEYS AT LAW NoRrmAm Sourw Awmu 1200 BRICKELL AVENUE 19TH FLOOR MIAMI, FLORIDA 33131 TELEPHONE !3051 789 - 8900 FACSIMILE '3051 789-8953 BOGOTA MEXICO CITY SAN ERANCISCO BRASILIA MIAMI SANTIAGO BUENOS AIRES MONTERREY SAO PAOLO CARACAS NEW YORK TIJUANA CHICAGO PALO ALTO TORCN'_ DA­AS H!O DE iANEINO VALE'v' . AN October 26, 1998 - VIA HAND DELIVERY ; Mayor Joe Carollo and Commissioner of the City Commission of the City of Miami City Hall 3500 Pan American Drive Miami, Florida Re: Objection to Ordinance 11715, Passed on Second Reading, October 13,1998 Dear Mayor Carollo and City Commissioners: This letter constitutes a formal objection to the enactment of Ordinance 11715, amending Article 6 of Zoning Ordinances 11000 to modify Section 602.10.4 "Off -Site Parking" to include the G/I district adjacent to the Coconut Grove Central Commercial District. The ordinance was passed at second reading on October 13, 1998 (See Agenda ITEM PZ-1 attached hereto as Exhibit A). This objection is submitted on behalf of Mr. David W. Swetland and Ms. Barbara Lange. Mr. Swetland resides across Main Highway from the Coconut Grove Playhouse property in the Camp Biscayne community. Ms. Lange resides in the Arbitare community which is directly across Main Highway from the Playhouse. In 1997, they had been joined by Ms. Ester Armbrister who prior to her passing resided in the long-established Coconut Grove residential neighborhood adjoining the Playhouse property to the north and west. Each of these residents has a fundamental interest in protecting the use, quiet enjoyment and value of their property, and their views are shared by many of the residents in their respective neighborhoods. 100 i 98_ BAKER & M19KENZIE Mayor Joe Carollo and October 26, 1998 Page 2 There are several grounds, both legal and equitable, for the objection: 1. Mr. Swetland and Ms. Lange requested by letter dated April 4, 1997, that their counsel "be notified of and given the opportunity to attend any meeting, workshop or hearing which involves the future development and use of the Playhouse site" (See attached Exhibit B). No such notice was provided either for the meeting of September 28, 1998, when the item was purportedly continued or for the meeting of October 13, 1998 when the ordinance was passed. Ms. Lange first heard of the scheduled hearing late in the morning of October 13, 1998, when neither she nor her counsel was in a position to prepare and make a presentation at the hearing. 2. The second reading of the ordinance had been continued at the City Commission meeting of July 21, 1998 to a date certain, "to SeRttember 22, 1998" (See attached Exhibit Q. The purpose of the continuance was to have an "ad hoc committee" of interested citizens "study and make recommendations" to the Commission; and Ms. Lange was one of the citizens appointed (See attached Exhibit D). However, to the knowledge of Mr. Swetland and Ms. Lange, the committee had not met or made any recommendation prior to the October 13, 1998 meeting. Moreover, the date certain City Commission meeting of September 22, 1998, was simply canceled and, to the knowledge of Mr. Swetland and Ms. Lange, there was no notice as to when the agenda items continued to the date certain of September 22, 1998, would be heard. The notice provided by the City Clerk for the following City Commission meeting on September 28, 1998, was made pursuant to Resolution No. 98-825, adopted without prior notice on September 8, 1998, which scheduled the meeting to convene at 1:00 p.m. without any mention of the canceled September 22, 1998 meeting (See attached Exhibit E). Accordingly, there was no notice either to Mr. Swetland or to Ms. Lange that the continued item would be brought up without the ad hoc committee recommendations on September 28, 1998; and there was also no notice that the item would be continued until the City Commission meeting of October 13, 1998 (See Exhibit F). As a matter of both law and equity, the second reading and public hearing should have been advertised so that Mr. Swetland and Ms. Lange could have fully presented their position. 3. The Planning Advisory Board, after hearing the presentation from Mr. Swetland, Ms. Armbrister and Ms. Lange voted unanimously against enactment of the ordinance. Since then, there has been no presentation on behalf of Mr. Swetland and Ms. Lange because the public hearing was put off until second reading and they were not on notice that that hearing was ultimately scheduled on October 13, 1998. Clearly, their presentation could have an effect on the City Commission in the same manner that it convinced the Planning Advisory Board — to reject the ordinance. Given the above course of proceedings, the ordinance should be repealed. The ordinance could then be proposed again with proper study, notice and public hearing. The basic legal issues which will be pursued on this matter as it presently stands are: (1) non-compliance with legal notice requirements; (2) violation of procedural due process; (3) conflict with the City's comprehensive plan; (4) unlawful expansion of a non -conforming use; (5) unlawful spot BAKER & M9KENZIE Mayor Joe Carollo and October 26, 1998 Page 3 commercial zoning; (6) unlawful destruction of transitional institutional zoning and use to protect adjoining residential uses on three sides of the Playhouse site; (7) unreasonable introduction of excess commercial traffic and usage of a protected historic highway and residential areas; and (8) failure to follow the City's own Planning Advisory Board which unanimously voted against the ordinance. The challenged ordinance represents the first step in an overall plan to commercialize the Playhouse site for private profit at the expense of its public use and of the surrounding residential areas. Approximately 200 neighboring residents have petitioned against this plan of commercialization (See attached Exhibit G). The ordinance also represents a direct conflict with the comprehensive plan's designation of the site for governmental, health, recreational, cultural, religious and educational activities and converts the Playhouse site into a private parking lot for commercial enterprises outside the G/I district. Such a commercialization of the G/I district should not be permitted (See attached Exhibit H). Furthermore, this privatization of public land is contrary to sound and established public policy as is shown by the memoranda from the Department of Natural Resources on this project (See attached Exhibit 1). Finally, the increased traffic impacts from commercializing the Playhouse site fronting on the historic Main Highway would only worsen the existing non -conforming parking situation at the Playhouse site where only 175 parking spaces are now available to serve the existing Playhouse parking demand of 300 to 360 spaces (See attached Exhibit J). Absolutely no study of the impact of the ordinance was ever presented to show how traffic, parking, noise and other problems could be resolved. In summary, Ordinance 11715 was unlawfully enacted and inadequately studied. It should be repealed forthwith. Respectfully submitted, Anthony J. O' onnell, Jr. AJO: j j cc: Mayor Joe Carollo Vice Chairman J.L Plummer, Jr. Commissioner Wilfredo (Willy) Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Joel Maxwell Esq., Assistant City Attorney ::0DMA\vco0csWLAD0=17106Z1 THE F41.i.OWJNG ITENII SHALL NOT BE CQ_DERED AFFORF, 2 00_PM ITEM PZ 1 SECOND READING ORDINANCE - (J-98-616) REQUEST: To Amend Article 6 of Toning Ordinance 11W Text LOCATION: N/A APPLICANT(S): City of Miami, Department of Planning & Development APPLICANT(S) AGFN"T: N/A APPELI,ANT(S): N/A APPELLANT(S) AGENT: NIA RECOMW,NDATIONS: Nanning do Development Department: :approval Building & Zoning Department: NiA Public Works Department: NUA Plat & Street Cam mince. :` A Histerle Prcae:rvation Board: N/A Planning AdA%ary Board: N/A Zoniag Board- Recommended denial to City Commission. Veda elf 74 Z aft Board: N/A Ca ttiii - of awmdlog Ordinance 11000, a amended, the Zoaiag Oriirotte of liar City nit Irfit A by aunding Ankle 4o ftelin fa " ewli* Grave Central Ceoiaaetrehi Dw rw k order to mod* $Odin *&*#A and led "Olf♦ita Parktag", to ladode that portion of the adjacent CA district bounded by Maio Higiway, Cbarl n Avenue and WMhm Avenue; also in order to correct and clarify certain language In the section. NOTES: PASSED FIRST RRADING ON SEPTEIMUR 23, 1"7, 1t OVIRD BY: PLUMMER, SECONDED BY: GIBSON, UNANIMOUSLY. CONTINUED FROM CC 9/2"& Peke 53 October 13,199E ORDNANCE 11715 _NIOVED: SANCH1=Z SECONDED: GORT aYS• TFELF, REGALADO IEMIBrT 177-1 Ir EwKw Aau VC&A Wr P.cn.c ..o.o 6..41.0. 1—c"11.,. -oseo+ -..a s.us.cu ...our .o.a .o..o 0.0.0t s. .".a.. .uw. =..f0 .O.i +KOCVf.•c •R.fsly.♦ f• K•[..M...O f.0.•O.[ •�s....c o.oe.. �.PC. •3..a %NflDNY 10•DOMsf1L. IR i 7MI 7"1 • B --�L.KER & Mc-KE\ Z I E ATTORNEYS AT LAW N00118ANO Sa1mf I.wcA SUITE 600 so*o.. auco c •. f......cx3 BARNETT-OWEP sucwos•-cs •.c..c• f.0.•.w a..+.oc 701 BRICKELL AVENUE .ws.r c..a.wo ..c. •w. •..o..•o o�or•o 3.u.s •a at ...cOO ..crcu MIAMI FLORIOA 33131. 2e27 ...At: f.roieo .. s....•� : _ TELEPI40NE 3C5) ' 99 - 6900 CABLE ASOGAOOMIA 'FLEX S92366 FACSIMILE 13051 799-e993 Apnl 4.1997 Mr. lack Luft City of Miami Depa unm of Community Planning and Revitaiizuion 444 S.W. 2nd Avenue. 3 rd Floor Miami, Florida 33130 Re: Coconut Grove Playhouse Development Dear Mr. Luft: This letter is submitted to advise you and other interested parties that the undersigned represents Mr. David W. Swetland. Ms. Ester Armbrister and Ms. Barbara Lange with respect to the above -referenced Coconut Grove Playhouse Development. Mr. Swetland resides across Main Highway from the Playhouse in the Camp Biscayne community. Ms. Armbrister resides m the long-established Coconut Grove residential neighborhood adjoining the Playhouse property to the no* and west. Ms. Lange resides in the Arbitare commuaity which is directly across Main Highway from the Playhouse. Each of these three residents have a fundamental interest in protecting the use, quiet enjoyment and value of their property and represent the views of the c* n it) oaf odw residents in disk reapectin n *91* o bonds on dtis s KOW. We ban been advised that your dpardai I is 000sideting various moiog actions to iocrws 60' Ms —its of A- iffig— hat and an of for Phybouss psopse 3 Oor cfi� ae svoogly opposed is my mob action, wbedw it be by mmWi■g to SD-2 wA%e till distda regulations wida respect is Aoor an rail*. pseldtt& A 2, pmeac bonuses oft ettpss M commercial uses or by obainial variances m casung zoning We request that the undersigned be notified of and be gives► an opportunity to attend any meetiaga worltshop or bearing which involves the future developm a and an of the Playhouse sire. We also request the opportunity to review your ' epnamt's liks with respect to the Playhane st your earliest coawnience. EXHIBIT BAKER & NI'7KENZiE MW Jack Luft Apnl 4. 1997 Page _' Thank -you for your consideration of our clients' position on this matter. Sincerely. Anthony J. O'Donnell. Jr. _ cc: W. David W. Swedand Ms. Ester Armbrister Ms. Barbara Lange W. Edward Marquez City Manager Mr. Tucker Gibbs, Coconut Grove Village Council Ms. Gwen Margolis. Chair/Governing Committee law 98-io8b PAGE 52 July 21. 1998 [T `:M PZ 12 SECOND READING ORDINANCE (J-98-616) Ri QUEST: To Amend Article 6 of Zoning Ordinance 11000 Text Lt CATION: NSA A � PLIC ANT(S): City of Miami. Department of Planning & Development Al :'LICANT(S) A(, ENT: N/A Af"ELLANT(S): N/A AP a'ELLANT(S) A( E?NT: N/A R]F "OMMENDATIONS: Pis lining & Development Department: Approval Buoding & Zoning Department: N/A Public Works Department: N/A Pis i & Street Committee: N/A His t oric Preservation Board: N/A Pla ra sing Advisory Board: Recommended denial to City Commission. Vol of 7-0. Zorn .ng Board: N/A Cora {ideration of amending Ordinance 11000. as amended, the Zoning Ors: nance of the City of Miami, by amending .article 6, Section 602 "Cu,:onut Grove Central Commercial District" in order to modify Sect on 602.10.4 entitled "Off -site Parking", to include that portion of the i4jacent G/I District bounded by Main Highway, Charles Avenue and Wilh m Avenue; also io order to correct wW clarify certain language in the section. NOTES: PASSED FIRST READING ON SEPTEMBER 23, 1997, MO'u'ED BY: PLU1r1MIR, SECONDED BY: GIBSON, UNANIMOUSLY. CONTINUED FROM CC V27/98. EXHleff Imo_ CONTINUED TO SEPTEMBER 22. 1998 B)" M-98-790 MOVED: TEELE SECONDED: PLL.\1%ILR ABSENT: SANCHEZ S8-io"S CITY OF MIAMI CITY CLERK'S REPORT ET!VG D.-\TE 1uk -"l , 199S 1 tit PZ-12 A MOTION CONTINUING CONSIDERATION OF \1-98-790 ITEM PZ-12 (PROPOSED SECOND READING MOVED: TEELE ORDIN.-\NCE TO .-\.%1E.\D ZONI\G ORD. 1 1000 TO SECONDED PLC \1.IER INCLUDE PORTION OF ADJACENT G I DISTRICT ABSENT: SANCHEZ BOUNDED BY MAIN HIGHWAY, CHARLES AVENUE AND WILLIAM AVENUE IN COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, OFF - SITE PARKING) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 22, 1998; FURTHER APPOINTING THE FOLLOWING INDIVIDUALS TO AN AD HOC COMMITTEE TO STUDY AND MAKE RECOMMENDATION(S) ON THE PROPOSED AMENDMENT FOR SD PARKING OUTSIDE THE SD-2 DISTRICT: BARBARA LANGE (nominated by Vice Chairman Plummer) MR. HAKKI KORUGLU (nominated by Vice Chairman Plummer) ROBERT MASRIEH (representing Coconut Grove Parking Advisory Committee) ELENA CARPENTER (nominated by Vice Chairman Plummer) MR. SILVANO, THE OA' ER OF GREENSTREET MR. JIHAD R.ASHID (representin_Gro.e) IT 4 32-B Direction to the City Attomev: by Commissioner Teele to work with the City Manager to identify all of the CLUC 90 (abandoned properties) and proceed to get control of CLUC 90 by perfecting the titles of said properties. TTE ` i 32-B Direction to the City Manager: by Vice Chairman Plummer to inwuct NET administrators to submit to the Lot Clearing Committee the names and addresses of Property owners whose Properties are in need of lot clearing services. EXHIBIT OCT - 2 E -9e FR S 1 T: nF• _ V CITY OF MIAMI, FLORIDA REVISED NOTICE OF COMMISSION MEETING PLEASE ALL TAKE NOTICE THAT pursuant to Rosolutiin No. 98-925, the City of Miami Commission meeting scheduied for September 28, 1998 will convene at 1:00 p.m. The meeting Wi!; take p'a.-e in the City Commissior Chambers at City Hall, 3500 Pan American Ori%'e, Miami, Florida. All members of the Public are invited to anir..d. (City Seal) Walter J. Focnian (#4847) City Clerk EXHIBIT ( -6 1w OF MIAMI CITY CLERK'S DEPORT MEETING DATE: September 8, 1998 ITEMS 10 Direction to the City Clerk: by Vice Chairman Plummer and 14 to announce during the September 14, 1998 Special Commission meeting that agenda items 10 and 14, previously fisted on the September 8, 1998 City Commission agenda, and subsequently advertised for the Special Commission meeting of September 14, 1998, have been rescheduled to the September 28, 1998 Commission meeting. Page No. 2 ITEMS 33, A MOTION TO DEFER CONSIDERATION OF M 98-824 34 and 35 AGENDA ITEMS: 33 (proposed approval of decision MOVED: SANCHEZ made pursuant to Chief Procurement Officer's authority SECONDED: REGALADO under Section 18-99 of the Code as amended to reject UNANIMOUS protest filed by Medsphis, Inc. in connection with RFP No. %-97-110 for emagency medical transport billing and/or collection services), 34 (proposed approval of decision made pursuant to Chief Prod Officer's authority under Section 18-99 of the City of Miami Code as amended to reject protest filed by Advanced Data Processing. Inc. um connection with RFP for emergency medical transport billing and/or collection services), and 35 (proposed approval of findings of the evaluation committee that the most qualified firms for EMS billing/cotlection, in top ranked order are: (1.) Lockheed Martin EMS; (2.) Advanced Data Processing, Inc.; (3.) Medapms Corporation) TO THE CITY CObQbiLSSION MEETING PRESENTLY SCHMULED FOR SEPTEMBER 28, 1998. NON- A MOTION TO itF.SCI DOLE THIS TZME FOR THE M 9"W AGENDA COM NMION MEETING OF SEPTEMBER A 1998 MOVED: TEELE TO NOW BEGIN AT 1 P.M. SECONDED: GORT UNANWOUS CITY OF MIAMI CITY CLERK'S REPORT 13Z- I. 11Z-4. MOTION TO CON I\UE CONSIDER-\TION OF PZ-5. PZ-6. THE FOLLOWING ITEMS TO THE COMMISSION \ILET,\(- PRESF\TI 1 t I{EDl LED PZ-5 OCTOBER 2-. 1998: PZ-3 (PROPOSED COMPREHENSIVE NEIGHBORHOOD PLAN CHANGE AT 19'5 N.W. l' AVENUE - PROPERTY MAINTENANCE SITE): PZ-4 ( PROPOSED ZONING CHANGE .-kT , 9-� .2 -%%'E\'L'E - PROPERTYMAINTENANCE SITE), PZ-6 (PROPOSED MODIFICATION OF `(INDIUM N'.-\,RD REQ(;IRENIENTS IN ZOtiING CODE): PZ-7 (PROPOSED PERMIT OF GENERAL OFFICE USE f`N EXISTIN'G OFFICE STRUCTURES WITHIN SD-4 ZONING DISTRICT): PZ-8 (PROPOSED LOCO\"UT GROVE PLANNING STUDY). - FURTHER CONTINUING CONSIDERATION OF PZ- 5 (PROPOSED A.ME\DMENT TO ZONING CODE TO INCLUDE ADJACENT G, I DISTRICT OUNDED BY %UXIN' HIGHWAY. CHARLES AVENUE .N\-D W'ILLL��t AVEN-UE IN' COCONT.;T GROVE CENTRAL COMMERCIAL DISTRICT(. TC) THE CC�`I�IISS10` \IEETI\(> SCHEDl_ LED I (- � OCTOB F R ! ' ! U<)', MOVED: �F ('o\DFn L \A\IMOL S REGALADO Sb-io-SG PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND J.�RS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE -------- ---- --------=---------- ---- =�-- -,�' l 44 EXHIBIT 9126-q6 I 98- i 0CS6 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rare+y full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE 3312 3IQ Z01't ------- ---------- ----=-------j-- S8-JS6 PETITION FOR SECRETARY OF STATE, SANDRA NORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rareiy full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE �UttF YC4I L� j r X �,r rl �C car C+ ADDRESS DATE j��'l t\�on� A•�- Lbw 9t S 4 Cad 4.e- Q- b4 y/yb \1LLMAS A 'DV�U,-e4K,� 98-id' sG PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely foil. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATU E ------------- ------------+----- ADDRESS DATE 6 zs-- PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND PARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the prcposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is full. The Offstreet Parking Department correctly recognizes this, and has dec:lned to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS ,4t+, J,,, , f-! -3 31 33 SSE IOZ- 3 � s� cam.•-� 3r Yc7 Z< f zA S� DATE 9 8 - id, 86 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE 'lryn�f c, cif Orr' �� V e_ ,. µ. - CiLind Auc PETITION FOR SECRETARY OF STATE, SANDRA MORTHAK TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is ' uil. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS ve-� 3 -7S cs DATE �T— _a� y 5G 98-�G6 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS -T DATE l 98-id"86 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarey `u;i. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. 3NATURE 1 ADDRESS 33Lr v°� -------------�_ ��_—�—� :,ter .l DATE 98-id" S6 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. /SIGNA30RE ADDRESS Jyy&- �2_rg✓y vE DATE La4q� ".II l Ami fie. ca -;2-Z -i (�p s8-io86 k PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is a �,y The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE 71 � Z 98- i 0CS6 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. $JGNATURE 7 ADDRESS DATE �- �16u, 4, - *A1 I& �7 6h2a 1AG 9 8 - ouS(i PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely f'.l'T The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE 376 o o k 4 /Z" d-Z7- jr 2) L4 LA c d. Cie. LA O A� �+ -- 1' 3L#4 I Gt rar-d Ave. ► Z - - 9 J6 o dv.,- 45. 27-Irw 'Id7ehVZO IhA_� G ,27 9� SAS—IJSG PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full_ The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. ADDRESS DATE l0 S;-'/flgvdrl S7' 3slp� 14��s�-��s �r- 3$ . PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS 3a 3 GA.4 AJ �� �✓� . 3d/ art 4-5, _" __# � DATE 0-217 Tic 4,29116 PETITION FOR SECRETARY OF STATE, SANDRA MORTHAM, TO REQUEST THE DISMISSAL OF THE LAW SUIT AGAINST THE CITY OF MIAMI'S OFFSTREET PARKING DEPARTMENT SEEKING TO COMPEL THE CONSTRUCTION OF A PARKING GARAGE, RESTAURANTS AND BARS AT THE COCONUT GROVE PLAYHOUSE PARKING LOT We the undersigned residents of Coconut Grove, oppose the construction of the proposed parking and entertainment complex. That we do not need a four -level parking structure is amply demonstrated by the fact that the existing parking lot is rarely full. The Offstreet Parking Department correctly recognizes this, and has declined to start construction. The correct site for such a structure is on the other side of the village, where the businesses which could benefit from increased parking availability are located. To compel the construction of a commercial establishment in what is predominantly a residential community will needlessly increase noise and other pollution, decrease homeowners' property values, and further deteriorate the quality of life once enjoyed by Coconut Grove residents and taxpayers. SIGNATURE ADDRESS DATE .1�3" etl, 3064je.1.,,voxAi' S} _? Winn- i a � M 98-0(1--) 6 Major Institutional, Public facilities, Transportation and Utilities: Areas designated as "Major institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and !:)cal .;overnment act -..ties, major pubic or private `.ealth, recreat_ona_, _ultural, religious or educational activities, and major=ranspor_ati:n fac._ ties and public tilities. Residential facilities ancillary to these uses are allowed to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions. (See appendices A, B, and C for churches, schools and parks less than 2 acres). Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (excepting rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Central Business District (CBE): The area designated as "Central Business District (C80) is intended :o apply to the central =ommercial, 'financial and office core of the metropolitan region, and allows all activities included in the "Office", "Restricted Commercial", and "Major Institutional, public Facilities, Transportation and Utilities" designations. Residential facilities (except for rescue missions) alone or in combination with other uses are allowable to a maximum density of 1,000 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency managemmnt requirements. Also permitted is a slit of uses rangbw from higb density multifamily residential to high inteesity office uses with retail uses oo the lover floors of structures. Intensity of uses within the C30 lamed use designation are generally higher than those allowed in otber areas of the city. Ge+meral Cammemaeial: Areas designated as "General Commercial" allow all activities included in the "Office* pad the 'Restricted Conimmiercial" designations (with the exception of permanent living facilities but including rescue missions), as well as wholesaling EXHIBIT PzW10 PLANNING FACT SHEET APPLICANT Board of Trustees of the Internal Improvement Fund of the State of Florida and the City of Miami Department of Off -Street Parking: May 4, 1989 PETITION 1. APPROXIMATELY 1490 ANQ 3500 MAIN HIGHWAY Unnumbered lots, being N 117' of E 140' plus E 52.5' less N. 117' Block 29 AMENDED PLAT FROW HOMESTEAD (8-106) P.R.O.C. Lot 10 (pt. lying Northwesterly of Main Highway) MONROE SUBDIVISION (0-253) P.R.O.C. Lot 1, 2 i Tract '8' ENGLE SUODIVISION (64-43) P.R.D.C. Lot 13 (pt.) OE HEDOUVILLE'S SUB (8-150) P.R.O.C. (Legal Description on file with the Hearing Boards Office. Building and toeing Della. is em ) Consideration of manding Ordinance 10944. the Mimi Co"rehensive Neighborhood Plan 1969-2000, Futaire Land Use Plan Map by changing the lad use designation of the subject property from Restricted Commercial ad Single -Family Residential to Myor Public Facilities, Transportation and Utilities; and recommending that said amendment be transmitted to the Florida Oepartmat of Camraity Affairs. REQUEST To change the plan dosig mtion of the Cocawt Grove Playhouse and abetting property from 11lestricted Ceas>«elal . aM i11e11e-Fam ly Aeeldeatial to Nldw hil is Faci 1 hies, Trsaspertatiem and Itilities. AMLYSIS These plopos'tin ="rise tin cum" Core Ppaybouse tot Inew I" of alert@$ Aveame NolaHwy. indodia! property froatiag a Nals Ri ay almost to the 4111ey and an 'L' shapN parcel to the rest aer desip rated siayls- fmi ly. 10685. PAt 6/8/89 Page 1 of The intent of the "Major Public Facilities. Transportation and Utilities' category is to accommodate the dove Iopient of major concentrations of national. state and local government activities, as well as major public health or educational facilities. Ownership of the Playhouse property lies with the State of Florida and Offstreet parting Department; the Department of Off -Street Parking has proposed a parking garasrge and artist's workshop to complement the playhouse. This change would be consistent with policies that encourege commercial and office development In the Coconut Grove Village Center, width in this vicinity, lies northwesterly of Main Highway extending as far west as McDonald Street (extended). The regwsted change "veld be in accord with the established land use pattern, would be in side sealed with the needs of the city. Proper deveiopiment 0►f the property dictates a consistent designation; it cannot be developed under the current designation. RECOMiENDAT I ONS FLAMING DEPT . Approval. ' PLANNING ADVISORY BOARD At its meeting June 8. 190, the Planning Advisory Board adopted Resolution Member PAB 21-89 by a T to 0 vote, recaling approval of the above. Three proponents and five opponents were present at the W-betina. four objections were received by mail. CITY COMMISSION At its meeting of July 31. 1989 the City Commission passed the above on First Reading. 1 ;S PAB 6/8/89 *'Z item ill _ o Page 2 of 4 _IN A%: c Oa qp4 IO6&S 50- 0s16 3a State of Florida 1 Department of Natural Resources :. interoffice Memorandum TO: Dr. Elton Gissendanner Executive Directzr Henry Dean Interim Divisor. Directc_ FROM: Ted Forsgran, Chief Bureau of State Land.�,re&,&..t SUBJECT: Private Investors Sublease on Coconut Grove Theatre Property ?.ftow The Department of State's proposal to sublease a ;art o: t`:s Coconut Grove property to private investors for a :cmbina-__, cn parking, office and retail -shop facility raises some sar_cus policy concerns which should be torougnly described and discussed. .000""� Other than the parking, which is an obvious acceptable use, the proposed use as a commercial office and ratai:-shop facility bears no resemblance to the azthor:ties and raspcns:- bilities of the Department of State. The only relationship to the functions of the Department of State :s that all of the revenues derived from this commercial use === ;= tc the Players State Theatre. Many other state agencies, such as the Department of Corrections and Agriculture, have lands under lease from the Trustees, separate trust funds, and a need for additional revenues. Can they also sublease 'under- utilized' lands to private investors for the sole purpose of generating revenues for their agency? The basic policy question is: Should the Board of Trustees allow state ageaeioa to go into the law devet . business with }swats investors on leasebold lands ter the primary purpose of generating additional revenues for their agency? If the answer is yes, then approval would be an aparopriate rec�tion for the proposal. if the answer is no, then denial would be the proper recommendation. EXHIBIT MEMORANDUM Gissendanner and Dean May 10, 1982 Page 2 ^t may see scme _nat ma.,e t:n_s proposal different from similar subleases pro- posed by other state agencies. In any case, this policy issue has never, to our knowledge, been specifically addressed by the Board of Trustees. It should be discussed and addressed in the context of the Department of State's sublease :proposal . TF:tls cc: Jim Flack 1, • State of Florida Department of Natural Resources Interoffice Memorandum MUay 27, 1982 RECE1VFL- M E14D OUN ►ill. 1412 OPEP.ATIONS SECTI- TO Mir. Ted Forsgren, Chief Bureau of State lands M4nagement FROM Dr. Elton J. Gissendanner Executive Director SUBJECT: Private Investors Sublease on Coconut Grove Theatre Property I received your mamorandua of May 10, whereby you stated your position on the matter of the Coconut Grove Theatre property. Ted, I agree with your evaluation of the thing, but you must remember that the Legislature made certain provisions for the Coconut Grove Theatre which we at the department have to abide by since it is their intent that the land be used for the purposes of the Grove. I consider this to be a basic departure from our policy and do not want this to be considered general policy. I appreciate you writing me a memorandum about this. EJG/ce CC: Nary Oew RECEIVED Jun 1 02 �r Y R Ankle v_I_ :'.#NSTITUTIOH OF THE STATE OF FLOfIICA Ankle Vif ,on milts for an SC.ncw ;;.(O StS tan r-riot. lair wader -nanagemem ourpn-w; •-,f -ma rormwest portion of !h* state tying west of :No 'tne between ranges rwo am :plot east, 0.05 mil tar weer maragertlent puryustfs IV 'tv ►tnnWAf%3 rAnk- 1% nt :t+o staff. t 0 frill and tw all other sonctal Jtstrtcts a Tfttage J-tnar�zeJ Cv aw soorored oy rote of the eteclors who ara c:wfw+svt hor rnnlftft thMrNn MCI wholly ejiefnpt 4bnl tUmson A Ct7ltnty 'ufftahrng myroppa) Swoces may td 'he extent wino► 1404 by taw, levy 300 tw&I tars wKtwt the twists road fur nrturttt " 0wooaes. NOWIL—AM ii+1 Ua l 14rs ww*n '1tr SECTION 10. P14dgirty cramott--tietther the state ^(X any cowtty. fcnw distract. ttlUrrelouly soeafaf Ott tnrr ew lgency of any of mam. v%w bwarrle a pit Owner wtfth or ftockroaw of. of glue, WV Ar We tta tatt- eq Oft or pact to aril ary Ctyuo uw. 44000ta00n. CaAhwshp or parson. but to Mtfar rot OforAd taws ill) vw nveGamnt of p uv c 'roar h m$ (b) ten nvaatntant of aths► tufboe sxtw in oatga- ttorta at. or tnetsad ov, tftt tbtwad States 3r any all Its .+stntrftefttafwtea. (c) ten wt+ancs and sate by any county. 1%owvat- (tv SPOON drat a or o r w loaf gowsrrt What boor of t t y mverttra bonds to •moire or rob+wtoe IN cost of eaor N orauas for wows at pop. of (n tone tepee bt7nfta to Ill W Ce or ►elk we@ too Coo a COW 0 P11 cat for .ftantrw or mWiiijimckov pants to Me ortIN fitly Mte opurem Mrnaen is 4XRTOt troth trtQ" male f icw ft "m etnattm taws of ft uraw States. +rhM. to 6041 txae. the retrefttlfe dartda are 06101111011111 So" fnsrft rey"m dwww !fan tf+e ells. ooerw on or teasnq of d+e protects it any► croleet so tnartesa, or any Dart tf+ortcof f. occuowa or ooeralart ay any 0nvote car• prrat.on sascenow 04MA m or versa+ pWsf W( to carww at lease with fete TMttt^9 bwv 'ne 0rrsoer'y Need :rmoc ov such coruact or 102st srau of wa• .+ct to taraftan to ate same trtenf as char omaay (0) a mm"Op ey, COW" sperm amulet. or agovy of ante of thenm a" a pew om w at. Pw09. or teraetq at W" do ft"powtlr or crew for tm pow owfta wmx caMtrttrctton ara 4p$imtort d 41meow art« O1101001d• 1ry1RSOryrf►r aRp all.+, lotto a1Q1E1 tt. ftwe 1101tasaer tf`— a� lI�IMttNA�M Iw/ Irrt IMt ate ttrM a tit$ tttfstetttrrrMtfffffslalf)f w fttwte�$er fafrtmtoa 1tr a" 40 NW Inns Saar WAVOtr tall OM afNllrNOld bar law ergs 011001MM wa10011 t dgf"k taw afsofe M tw a was 41 ten meown ereww" swe tttatms *@me W- strMtf busts uo@M m mw b$ Amhs$e,tfift— a v w of •ts Simms It a wow pw swerep tone Cant rttw 1fw fletr ammen4tn ff www om of afoot h a 9 we ammm otffatfMtt b a atfeeesa4n si+s$ ntrtotw eaCtMO tNtt► ot+►• We at sn tole an ferahttes of the same k)r the two plo. f " Racal vow& *nOw" anti cart WArf " hale � :mw tl/atsar ft orwfmons of Uwa aonaattt00n I)) Morevs st"tti, m to 04y coot service an stare OCX43 as To sari* wolnes oue scam t4 ecorconalod �y taw +C) Any $tat* COMO oledgrq the -LA faah eno Credit :1• ape Stott tasU44 unce► thus "Ctfor if -1 v 3mslr SOC n Of this CDr.it : ,tKXt maY 00 Ctdn fed far .r* W - aoses of soya. �dt Rwww4o ou+os may be ie*Ad ov oM trait; or its ageri yes wanout a volt of the erectors to *, nuke or reh- tganee mt O"t of Nate t9e0 CAP" outlay► oroteets aultmaod by taw. ow Ou"mm f 3dental mmic and tier be oevuw to" from how$ 4w-" crrecty from SOU►Ote otrw (haft 'hate lair rov~t t81 Each oxaect. batwing, or IwAty to pa rfnawAd or rehnar4w vmn 'F»rnN Donda taaUed unOw "US sac- 'uon trial hest tH SCO CA40 by tfet t ar)WWWO Dy an aCt railing to 40croo/till" fr by getters taw. +Yr*w C , v -:. or $.A Nt MO woo hY aECTm 1L Assaf bM/a.--Cow"! sehtutt <Ws- ineft ftjV OWbef, 50e01a1 diflatc:a eft f O g"I'l• t�>,en boo, - t f4" fa" powers they thaw ttW40, Car• t(kles ut aldecloo ataa of &V fluffy of tact aMcarm cerpNems. Payette) from ad vammm Taratton and ntaRfr" mm than PAWN mww w after "Um a *". (a) to Wome or rattnahee Cap" Oretecm author zed by What and Ytty when 400011e0 by v= of a» afac- ton who are wartera of fr4amm t`.wafn not wha$y orattp Main twttort; Or rot to ails" wtstaftelrtq bonoa am nietest am ra0altInto' promd" tomewt at a ()war net avwa9e .weAst Coat rate OWTIOM /S. ReW its m OmW bees. —into wv nrerw of all Wee ~ love been 11e4aty 63$frs600 Loon the pfooerty of the Santo owner. no loom shall grant few wont fatal payfnent of arty tat they play be eCgit or Mgwy assessed. SECTION 14. •Abdo f4c r$N11fiM 44 Mref Mi ntwemalt aM ~ Wow too�$.— (y who Kowa" by tow. !Mate ooros Cledgm g •hw to bbm am amm at Vw el le ffav Oa rtt$tted w.Mt- *A an aretton to ample ft Conabumm at ar ara .tear poatwon oartlyd awe atfalmfan awe arty twr Moro of wamsew seem momeremomar. IS, of 6~0wromankman of oft aft- ieb. att4R t)ttftas tflf�f)i� aMl.a� �r a ff wp et arty ,ttrreoar.rts�r.lrltytr�.ar+tral�t*1wet+ottalltoaa a a fttttt�e tlebl avntrtw aft 'mean n "no aaa$aasnahta. r4f+rab a ale raa$rmes wet taaea- pttaKataaaap�aatltefflatttwwpWit $efor.ltnt►owair. own !tat fi w as tetgM► Soso" tar stew pt/p$M. .r; knave fevarttfea ft m tutor isco w a tuft► comb * can sfateai IAefatrt clef eliv* teagiad to a$ VMdpd 'emmom-i erns tout toe setta"nopy tarmac W ow Ara fee ara aem 4t the am d Photo. (b) oft ft an bond$ ow be rows Wftu a twals w at "a icy. trattetas fay low. has mob a :searfr+tfytra+ Wert in no afoot W.A year wet Mte Beet swCe reoure- A-23 CONSTRUCTION: ROADS, BRIDGES AND CAUSEWAYS, CM. ARTICLE I. IN GENERAL Sec. 9-1. Construction of expressway in south Dade area east of U.S. High- way No. 1 prohibited. No person, as defined in Section 1.01(3), Florida Statutes (1971), nor public body, as defined by Section 1.01(9), Florida Statutes (1971), shall construct any expressway, as defined by Section 33-121.10(a), Dade County Code, in that area of Dade County east of U.S. Highway No. 1 (South Dixie Highway) and south of Flagler Street. The word `construct" as used herein includes, but is not limited to, the expansion of any existing road, street, highway or other public right-of-way into an expressway. (Ord. No. 72-46, § 1, 9-6-72; Ord. No. 72-47, § 2, 9-6-72) Sec. 9-2. Expansion of Old Cutler Road. The expansion of that particular road in Dade County known an Old Cutler Road, from its present character as a country mad, is hereby prohibited, and no person, as defined by Section 1.01(3), Florida Statutes (1971), nor public body, as de- fined by Section 1.01(9), Florida Statutes (1971), shall undertake to widen or expand Old Cutler Road from its presently existing paved right -of- way, provided, for the purpose of assuring safe travel on Old Cutler Road, the Board of County Commissioners, after public hearing with the reasonable notice by newspaper publication, may permit the limited expansion of intersections of said Old Cutler Road. (Ord. No. 72-47, § 1, 9-6-72) Sec. 9-2.1. Expansion of Coral Way between LeJune and Red Road. (a) The expansion of that particular road in DadsCbunVknn - as C wd Vft(lntw=i Lafifne and Bad Roads). Ih m its Present cbasaetsor as, an histerie.40MOM 10elw10. is b 1N1W pe'hit '1 d. and no person, ae defined by Section 1.010), Florida Statutes (1971), nor pWAic body, as de- fined by Section 1.01(9), Florida Statutes (1971), shall undertake to widen or expand Coral Way (between Wune and Red Roads) from its pres- entiy existing paved right-of-way. Supp. No. 14 1 9-2.3 (b) Both the expansion of the original plazas known as Ponce de. Leon, Columbus, Balboa, Segovia and Wune and the removal or alteration of the live oak trees which canopy the roadway are hereby prohibited and no person, as defined by Section 1.01(3), Florida Statutes (1971), nor public body, as defined by Section 1.01(9), Florida Statutes (1971), shall undertake to alter or re- move said plazas or live oak trees as they pres- ently exist. (Ord. No. 76-54, §§ 1, 2, 6-15-76) Editor's note —Ord. No. 76-54, if 1, 2, is included herein as 1 9-2.1 at the discretion of the editors. Bee. 9-2JL Expansion of Main Highway (be- tween Charles Street and Douglas Road), Ingraham Highway (be- tween Douglas Road and LeJune Road) and Douglas Road (between Main Highway and Ingraham Highway). The expansion of the particular roads in Dade County known as Main Highway (between Charles Street and Douglas Road) and Ingraham High- way (between Douglas Road and LeJune Road) and Douglas Road (between Main Highway and Ingraham Highway) from their present character as historic, canopied roadways is hereby prohib- ited, and no person, as defined by Section 1.01(3), Florida Statutes (1971), nor public body, as de- fined by Section 1.01(9), Florida Statutes (1971), shall undertake to widen or expand Main High- way (between Charles Street and Douglas Road) or Ingraham Highway (between Douglas Road and LeJune Road) or Douglas Road (between Main Highway and Ingraham Highway) from their presently existing paved right-of-way. (Ord. No. 76-55, 11, 6-15-76) Editor's note ---Ord. No. 7". f 1, is included herein as 1 9-2.2 at the discretion of the editors. See. 9-24L $VOSSIqRl at Sums" DrIYe bo. twwa Ceevplan Cirdle and Genew'sy Bond. . MA a gxMisim or widwbs of that paticatar road in Dade County brown as Sunset Drive (S.W. 72nd Street) tom Cocoplum Circle to Galloway Road WX Wth Avewn), emept those portions of Sunset Drive within the corporate limits of the City of South Miami, is hereby 1411 EXHIBIT I �-���e Jackson V1. Ahlstedt, P. E. TRANSPORTATION ENGINEERfNG 46 NW 94th STREET MUMI SNORES. FWRIDA 33150, 13031 754,SW5 October 27, 1997 Mr. Anthony J O'Donnell, Jr. Esquire Baker & McKenzie Suite 1600 Barnett Tower 701 Brickell avenue Miami, Florida 33131 Re Coconut Grove Playhouse Comprehensive Plan Amendment Task 3 - Comparative Analysis of Parking Supply and Demand - Preliminary Report Dear Mr. O'Donnell: As requested, I am performing a comparative analysis of the parking supply and demand in the vicinity of the proposed project for following scenarios: a. The existing development b. The proposed development Although I have not completed my investigations, I believe that my work has progressed sufficiently to offer the following as a preliminary report on my findings. EXISTING PARJUNG With the notable exception of the City of Mianri Parking Lot #6, located adjacent to the Coconut Grove Playhouse. e?dsting parking in the vicinity of the project can characterized as consisting of on -street metered parking spaces with few off-street parking spaces. This type of parking is consistent with the scale of the existing development in the area. EXISTING DEVELOPMENT For the moat part, the existing devdopmeu in the area coasts of UWA scale MUNI ent mainmant and eating eatahii nan. The A*W moat prommeot eaiatieg de arerr< is thre area is the Coconut Clrow lbyhonae. The P4yho= coataWa a mds stage with seating for apprmdmatdy 1,100 persona pin the Encore Room which seats appro1dmatPly 100 persons. Parking for the Playhouse is provided in City of Miami Lot #6 which contains approximately 175 parking spaces. j8b 98-.0 PROPOSED DEVELOPMENT Based upon the project proposal submitted by Playhouse Associates, L.C., the proposed development consists of 12 to 24 .Apartment Units, a 125 Room Hotel, 40.000 gross square foot (GSF) of Retail space and a parking garage accommodating up to 500 cars PARKING DEMAND RATES Peak period parking demand factors were obtained from the Urban Land Institute (ULI) publication Shared Parking. These rates are presented in Table 1 TABLE 1 PARING DEMAND FACTORS WEEKDAYS SATURDAYS THEATER* 0.25 Space/Seat 0.30 Space/Seat APARTMENTS 1.00 Space/Dwelling Unit 1.00 Space/Dweiling Unit HOTEL 1.25 Space/Room 1.25 SpacelRoom RETAIL 3.80 Spaces/1,000 GSF 4.00 Spaces/1,000 GSF Note: * Uses ULI parking demand rate for Cinemas for theater. EXISTING PARKING DEMAND Based upon the existing combined 1,200 seats in the Playhouse and the parking demand factors presented in Table 1, existing Playhouse parking demand is estimated to be 300 parking spaces on Weekdays and 360 parking spaces on Saturday. PROPOSED PARKING DE\tk\-D The estimated gross parking demand for the proposed development is presented in Table 2. 2 SS--1v86 TABLE 2 PROPOSED DEVELOPMENT GROSS PARKING DEMAND WEEKDAYS SATURDAYS APARTMENTS 12 to 24 SPACES 12 to 24 SPACES HOTEL 156 SPACES 156 SPACES RETAIL 152 SPACES 160 SPACES TOTAL 320 to 332 SPACES 328 to 340 SPACES Using a "shared parking" approach; applying ULI published accumulation rates, but making no other adjustments, indicates that on weekdays the proposed development would have a net parking demand of approximately 268 parking spaces. On Saturdays, the net parking demand would be approximately 247 parking spaces. ANALYSIS Currently there are approximately 175 off-street parking spaces available to serve the theater operation. Applying the concept of shared parking to the project, if all 500 parking spaces were constructed, the proposed development would have approximately 232 parking spaces available for the theater on weekdays and 253 parking spaces available on Saturdays. This represents a potential net increase of 57 parking spaces for the theater on weekdays and 78 parldng spaces on Saturdays. However, if one discounts the concept of shared parking in the can of this project, the proposed development merely replaces the existing 175 parking spaces in City of Miami Lot #6 and adds parking to satisfy its own gross parking demands PRELVAINARY CONCLUSIONS The proposed project will provide sufficient parking to meet its own demands and may potentially result in a net increase of 57 to 78 available parking spaces to serve other development in the area. When the Playhouse is is operation, this potential increase could 1: P R- Pleybouse parking. Cummly, who the Ph9bom is no in oparali m tie aais ft 17S pasioa spsm in City of Nami Lot f6 are avabble to visitors to the am The proposed pr�oect cold add an additimel 57 to 78 pariring spaces to the potential parking inventory for these visitors. Regardless of the net impact on parking supply, construction of the proposed project would result in a dramatic departure from the existing pattern of parking in the area. While existing parking is basically spread throughout through the area with the only significant concentration of 175 spaces on the site, the proposed project would almost triple the number of parking spaces on the site and focus parking and its associate traffic impacts Main f-[ighwav and the Williams avenue Alley I hope that this letter adequately addresses your request if you have any questions please do not hesitate to contact me. Sincerely, JACKN M. AHLSTEDT, P.E. Jackson M. Ahlstedt, P.E. 4 F � .