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HomeMy WebLinkAboutR-98-0188J-98-191 2/10/98 RESOLUTION NO. � 188 A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF ALL COMMISSIONERS PRESENT, OVERRIDING THE MAYORAL VETO OF RESOLUTION NO. 98-104, ADOPTED ON JANUARY 27, 1998. WHEREAS, Section 4(g)(5) of the Charter of the City of Miami, Florida, as amended, allows for Mayoral veto and subsequent Commission override for ordinances, resolutions, motions or budget line items; and WHEREAS, Section 2-36 of the Code of the City of Miami, Florida, as amended ("Code"), sets forth provisions for a mayoral veto and subsequent commission override by a four -fifths (4/5ths) affirmative vote of all commissioners present should the Mayor exercise his veto privilege for ordinances, resolutions, motions or budget line items; and WHEREAS, on January 27, 1998, the City Commission adopted Resolution No. 98-104; and WHEREAS, on February 6, 1998, Mayor Xavier L. Suarez vetoed said Resolution No. 98-104; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: cm COMMON MEETING OF FEB 1 n 19% R"Qluwn lim Section 1. Mayor Xavier L. Suarez' veto of Resolution No. 98-104, adopted January 27, 1998, is hereby overridden by a four -fifths (4/5ths) affirmative vote of all Commissioners present on this date. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this loth IFKWLTERSWF2p- . CITY CLERK day of February 1998. - <_Z_ f VIER L. UAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: J EL EDWARD WE / ERIM CITY ATT EY 1 BSS:W2270 - 2 - 98- 188 February 4, 1998 Mayor Xavier Suarez Miami City -Hall 3500, Pan American Drive Miami, Florida 33133 Re: January 27, 1998 Commission Meeting, Agenda Item No. PZ 8 Appeal of Zoning Board Resolution #J-98-82(a) & J-98-82(b) Granting Sloppy Joe's, Rest. a 5:00 A.M. Special Exception to Ordinance 11000, Article 6, Section 602.4.1 Dear Mayor Suarez: We are writing this letter to respectfully request that you veto the decision of the City Commission (by a vote of 3-2), wherein Sloppy Joe's restaurant was granted a Special Exception to City Ordinance 11000, Article .6, Section 602.4.1. This exception would allow them to serve liquor until 5:00 a.m. Since the opening of Sloppy Joe's, our neighborhood has experienced numerous problems, including increased parking, traffic, and criminal activities. We verily believe the Zoning Board and City Commission did not properly take into consideration the needs and concerns of the area residents when they granted this 5:00 a.m. Special Exception.': As noted in our letter to the Commission of January 26, 1998, there are several key issues which we believe -were not given proper weight. A copy of our letter was previously delivered to your office and is on "file with the City Clerk's office. In light of the assault, robbery, and rape of two young women that took place the very night of the meeting, we believe it is imperative that strong actions betaken to protect tourists, visitors, - and residents of the Grove. Obviously, visitors to our neighborhood do not know where it is safe to park and where it is not.: There are many residential streets in the heart of the Grove plagued by opportunistic. criminals. 'Had the concerns of the area. residents been taken into consideration at the zoning hearings back in the Fall of.1997, the assault on the two young girls may have been prevented. And; with 3-5:00 a.m. being a down time for police, many more people may be put at risk. Thank you for your consideration of this matter. If you have any questions, or require further information, please do not hesitate to contact us. cc: City Commissioners City Clerk's Office Mr. Manny Alonso-Poch Since��re��, Yc� tJ n I N .J 0 11� 13 Jill Velasquez and Kerry Coleman, U.* 01V 9- 0 9& 38- 188 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Chairman and Members of the DATE : February 6, 1998 FILE City C mmission SUEMECT : Vetoed Legislation: Appeal of Club Exception for Commodore Supper b at3131ommodor Plaza (R 98-104). FROM : Wa��)lter F n REFERENCES City Cler ENCLOSURES: Pursuant to Ordinance 11564, City Clerk is directed to place any item(s) vetoed by the Mayor, together with veto forms (including Mayor's veto and veto message), on the next regularly scheduled Commission agenda as the first substantive item(s) for Commission consideration. This office is in receipt of a mayoral veto of actions taken by the Commission in connection with agenda item PZ-8, affirming the decision of the Zoning Board thereby granting a Special Exception from the Zoning Ordinance of the City of Miami, Florida, Article 6 Section 602.4.1, Schedule of District Regulations, to permit a super club at an existing restaurant, "Sloppy Joe's" for the property located at 3131 Commodore Plaza, Miami, Florida, copy attached. In closing, this issue has been placed before you, in order that the Commission either adopt the override of the aforementioned mayoral veto (by 4/5ths of the Commissioners present) otherwise the mayoral veto shall be deemed sustained. If you have any questions regarding the mayoral veto, please do not hesitate to call. cc: Jose Garcia -Pedrosa, City Manager Joel Edward Maxwell, Interim City Attorney WJF:kp Enc. a/s [!d2]<karla> mayor/veto CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Chairman and Board of City Commissioners FROM Xavier L. Suarez > Mayor DATE : February 6, 1998 SUBJECT : Resolution 98-104 - Veto REFERENCES: ENCLOSURES: FILE Pursuant to the authority vested in me under the provisions of Section 4 (g) (5) of the Charter of Miami, Florida, I hereby veto Resolution No. t for the following reasons: G� Pm Coco,Anut Grove is one of the most stable neighborhoods in Miami. Its business district is one of the most successful in the city. The indirect consequence of the success of the business district is occasionally negative to homeowners. While there is no intent to single out any one establishment, the incremental effect of one more "Supper Club" could be damaging to the overall quality of life in the Grove. As Mayor, it is my intent to apply the same standard reflected in this veto to other business establishments operating under the same conditions. The City Manager and the City Attorney are hereby alerted to that policy pronouncement. As soon as it is legal and timely to apply the same norm to businesses similarly situated, I will expect legislation that will accomplish the standardization of this rule. r CC: Honorable Chairman and Board of City Commissioners o" _,., M Cocoanut Grove Village Council '' co C) Office of Public Information > o, M Office of Media Relations 98- 188 TO: Honorable Members of the Citv Commission Miami, Florida FROM: OFFICE OF THE MAYOR MIAMI, FLORIDA VETO AND VETO MESSAGE Xavier L. Suarez,Mayor iami, on a Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida, I hereby veto: Veto message: D8- 188 PZ_8 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Chairman and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager i RECOMMENDATION DATE: FILE: Appeal of Special Exception SUBJECT: for Supper Club at 3131 Commodore Plaza REFERENCES: City Commission Meeting ENCLOSURES: of January 27, 1998 It is respectfully recommended that the City Commission approve the attached appeal, thereby denying, the requested Special Exception which was approved by the Zoning Board for a Supper Club to be located at 3131 Commodore Plaza. BACKGROUND The attached item is an appeal of a Special Exception for a Supper Club at 3131 Commodore Plaza (Sloppy Joe's) which was granted by the Zoning Board; the subject appeal has been filed by Abitare Condominium Association. Pursuant to new information which was provided to the Department of Planning and Development regarding outstanding code violations on the subject property, the original recommendation of approval is hereby being modified to a recommendation of denial based on the following findings: • It is found that the outstanding code violations have caused the subject proposal to be in non-compliance with the criteria set forth in Section 1305 of Zoning Ordinance 11000; the subject proposal is specifically in violation of compliance with the criteria for "Offstreet parking and loading" requirements and "Control of potentially adverse effects generally." These findings support the administration's position that the subject proposal is not in compliance with the criteria set forth in Section 1305 of Zoning Ordinance 11000 and should therefore be denied. JGP:Iys 98- 188 l�v OF IIICON a99iT ZONING FACT SHEET Case Number: 1997-0056 17-Nov-97 Item No: 9 Location: 3131 Commodore Plaza Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Commodore Partners, L.C. Manuel Alonso-Poch, Esq. 2100 Ponce de Leon Blvd, Suite 1170 2100 Ponce de Leon Blvd., Suite 1170 Coral Gables, FL 33134 Coral Gables, FL 33134 App. Ph: (305) 448-4053 Rep. Ph: (305) 448-4053 ext Rep. Fa C—) — ext Zoning: SD-2 Coconut Grove Central Commercial District Request: Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 602.4.1, Principal uses permitted on ground floor frontage of primary pedestrian pathways, to permit a supper club at an existing restaurant ("Sloppy Joe's") ; zoned SD-2 Coconut Grove Central Commercial District. Recommendations: Planning and Development: Approval with conditions Public Works: No comments. Plat and Street Committee: N/A Dade County Transportation: No comments. Enforcement History, If any C.E.B. Case No N/A Last Hearing Date Found: N/A Violation(s) Cited: Please see Exhibit "I" Ticketing Action: NIA Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order Date CEB Action: �8- 188 lb ZONING FACT SHEET Case Number: 1997-0056 17-Nov-97 Item No: 9 History: Analysis: Please see attached. Vote: 5-2 Zoning Board Resolution No: ZB 112-97 Zoning Board: Approval with conditions Appellant: Harvey E. Cohen, President, Abitare Condominium Association z EXHIBIT I CODE -ENFORCEMENT ADDRESS: 3131 COMMODORE PLAZA I. CASE NO.: 97-16711 VIOLATIONS: WORK COMPLETED WITHOUT A PERMIT, BUILDING AND/OR ROOFING, ETC.; ERECTION, CONSTRUCTION, POSTING, ETC. OR A SIGN WITHOUT A PERMIT. STATUS: OPEN/NON-COMPLIANCE HISTORY: SCHEDULED TO BE HEARD ON.1/28/98, BY CODE ENFORCEMENT BOARD. II. COMPLAINT NO.: 9800749 VIOLATION: FAILURE TO PROVIDE REQUIRED OFF-STREET PARKING. STATUS: OPEN/NON-COMPLIANCE HISTORY: TICKET WARNING LETTER SENT ON 1/15/98. 98- 188 �� Angela George !ADBD ] SECURITY [ ] ACTION [L] SCR [ ) MOD [ ] +/- [+ ] PAGE 1 !9716711] ! ] COMPLAINT TRACKING MODULE !9716711] (35) BOARD MAINTENANCE SCREEN COMPLAINT: [97167111 TICKET [ ] BOARD: C $5000 FLAG: N LIEN FLAG: OWNER NAME: COMMODORE PARTNERS INC STAT: 0 NC CERT LIEN: EXACT ADDR: 3131 COMMODORE PLZ NET: 11 PEND LIEN: ASSIGNED: Z GJR GILDA J. RODRIGUEZ REF NO: CERT BY: CASE NO [97167111 HEARING DATE [012819981 OUTCOME [ ] APPEAL: [N] DATE [ ] DEADLINE [ ] PER DIEM: 0.00 2ND PARTY NAME:[MANUEL ALONSO-POCH ] CAP: 0.00 ADDR [2100 PONCE DE LEON BLVD J DADE CNTY LIEN: BOOK [ ] [SUITE 1170 ] [ ] FROM PAGE [ ] CITY [CORAL GABLES ] STATE [FL] ZIP [33134 J TO PAGE [ ] REMARKS: [ [ ] ] ADMIN BOARD CALC TOTAL PER FEE COST EXPENSES FINE PER DIEM DIEM ADJ CURR BALANCE: 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DUE: 0.00 PRESS <XMIT> TO CONTINUE - Window BZWIN/l at PRODUCTION Date: 1/16/98 Time: 9:17:54AM 22 1 Pg=1 FORM RCV LTAI Q_ 188 Zc Angela Geor !ADIN J SECURITY [ ] ACTION [I] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !97167111 !081 COMPLAINT TRACKING MODULE (32) RECORD INSPECTION ACTIVITY SCREEN COMPLAINT NUMBER: [9716711] TYPE: 517 BOARD: C COMPLY DUE: 12/17/1997 EXACT ADDRESS: [3131] [ ] [COMMODORE ] [PLZ ] [ ] APPROX ADDR: [ ] ROW: [N] NET: [11] STATUS: 0 NC FOLIO: 4121-047-0440 / 0000 REFERRAL AGENCY: [ ] $5000 FLAG: [N] TOTAL DUE: 00.00 TRNSFD: N ACTIVE VIOLATIONS FOR COMPLAINT SEL REF NO DESCRIPTION COMPLIED TICKET NO [ ] [1504] Work completed without a permit, buildin [ ] ! ] !1504] [ ] [1564] Erection, construction, posting, etc. of [ ] ! ] !1564] SCHEDULED INSPECTOR INFORMATION SEQ NO [08] DIVISION [Z J SUBDIV [ ] INSPECTOR [GJR] SCHEDULE DT: [011419981 FROM [ ] : [ J TO [ ] [ ] DATE [011419981 NEXT COMPLY DATE [12171997] INSP TYPE: [OF] OFFICE WORK (REMINDER) STATUS: RESULT [ ] COMMENTS: ( ] MAINT DATE BY [ ] 12/18/1997 GJR [ ] OVERRIDE: [ ] NEXT: DIV [ ] SUBDIV [ ] INSPCT [ ] DATE [ ] TYPE [ ] SEQ NO RECORD FOUND... PLEASE CONTINUE Window BZWIN/l at PRODUCTION Date: 1/16/98 Time: 10:17:59AM 2d 22 1 Pg=1 FORM RCV LTAI .9 168 Angela George ,!ADVI ] SECURITY [ ] ACTION [L] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !9800749] !1547] COMPLAINT TRACKING MODULE (33) !T ] VIOLATION MAINTENANCE SCREEN COMPLAINT NO: [9800749] TYPE: 519 STAT: 0 NC BOARD: [T ] CASE NO: REF NO: [1547] COMPLY DUE 02/02/1998 COMPLIED DATE [ ] TKT TIME ADDRESS: E- 3131 COMMODORE PLZ TKT DATE TICKET NO: TICKET FINE: MAINT BY: GJR DATE: 01/15/1998 STATUTE: Z DIVN: Z SUBDIV: TRACKING: N CREATE DATE: 01/15/1998 VIOLATION DESC: Failure to provide required off-street p STATUS: [A] arking. LEGAL DESCRIPTION: 21 54 41 PRIM: SD2 COMMODORE PLAZA PB 18-25 SD1: LOTS 13-14 & 15 BLK 2 <MORE> OVERRIDE: [ ] CUSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: CORRECTION PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION Date: 1/16/98 Time: 9:20:26AM 22 1 Pg=1 FORM RCV LTAI J- 188 2�, Angela George !ADLR ] SECURITY [ ] ACTION [L] SCR [ ] MOD [ ] +/- [- ] PAGE 1 !98007491 !TWL ] !011 COMPLAINT TRACKING MODULE !9800749] (34) DOCUMENT MAINTENANCE SCREEN !00000001 !00001 COMPLAINT: [98007491 ADDRESS: 3131 COMMODORE PLZ COMPLAINT TYPE: 519 ASSIGNED: Z GJR GILDA J. RODRIGUEZ STATUS: 0 NC OWNER NAME: COMMODORE PARTNERS INC COMPLY DUE: 02/02/1998 MAILING ADDR: 2100 PONCE DE LEON BLVD #1170 ROW: N NET: 11 CORAL GABLES FL FOLIO: !41210470440] / !0000] DOC TYPE: [TWL ] PRINT LOCATION: [11] SEQ: [01] DOC DATE: [01151998] SERVICE TYPE: [C] SERVICE DATE: [ ] STATUS: [A] PRINT FLAG: [N] BOARD: T CASE NO: [ ] HEARING DATE: [ ] TICKET: [ ] REF: [ ] TKT DATE: [ ] TKT TIME: [ ] APPEAL DEADLINE: 2ND PARTY NAME: [MAUEL ALONSO-POCH ] ADDR: [2100 PONCE DE LEON ] [SUITE 1170 ] CITY: [CORAL GABLES ] STATE: [FL] ZIP: [33134 ] STATUS DATE: 01/15/1998 BY: GJR MAINT BY: GJR COMMENTS: [ ] [ ] [ ] PRESS <XMIT> TO CONTINUE Window BZWIN/l at PRODUCTION 22 1 Pg=1 FORM RCV LTAI Date: 1/16/98 Time: -9:20:58AM 2 `?- lss tbitare Condominium AssociaV -i 3495 Main Highway Coconut Grove, Florida 33133 November 24, 1997 VIA FED -EX Ms. Teresita Fernandez Chief Officer, Hearing Boards 444 S.W. 2nd Avenue, 7th Floor Miami, FL 33128 Re: Appeal of Zoning Board Decision Hearing of Monday, November 17, 1997 Agenda Item # 9 Sloppy Joe's Restaurant 3131 Commodore Plaza Miami, Florida 33133 Dear Ms. Fernandez: Please be advised that I wish to appeal the decision of the Zoning Board in the above -styled cause. The reasons why I believe the decision of the Board should be overturned are as follows: 1. Misleading statements made by Applicants to the Board which include, but are not limited to: The Applicants stated they had not received any complaints on the operation of their business. As evidenced by the testimony of Ellie Haydock, NET Administrator, a meeting was held on 11/17/97 in which 9 citizens expressed their numerous complaints and concerns regarding Sloppy Joe's. Present at that meeting were the Assistant City Attorney, and Manny Alonso-Poch. 2. Conveniently for the Applicants, Lt. Colombo was not available at the Zoning Board Hearing to provide relevant information on criminal incidents at the restaurant. There have been numerous police report incidents involving patrons of the restaurant, including an incident where a young college student was knocked unconscious and hospitalized. 3. 1 do not believe proper weight was given to the numerous opponents to this Special Variance, including many representatives of homeowners and civic ej q— 188 3. I do not believe proper weight was given to the numerous opponents to this Special Variance, including many representatives of homeowners and civic groups in the surrounding neighborhoods. As stated by Chairman Morales earlier at the hearing, the Board's function is to protect the citizens of Miami. In fact, they have a duty to do so, and I believe in this instance they have failed. 4. As of the date of this letter, Sloppy Joe's is still operating without proper permits for their existing license. If they are so neighbor and family oriented, as evidenced by their testimony, then they would not put the public and their patrons in danger, Currently they are not up to the applicable fire codes, do not have a permit for their sidewalk cafe, and continue to serve liquor to young people who end up passed out, vomiting or urinating in the neighborhood. For these reasons, I ask that you schedule an appeal of the Zoning Board hearing of Agenda Item #9 to the City Commission. A complete package of evidence, and petitions from area residents and business owners will be supplied to the Commission prior to the scheduled appeal. _ Thank you for your consideration in this matter. Sincerely, Harvey E. Cohen President, Abitare Condominium Association 3495 Main Hwy.. Coconut Grove, FL 33133 Wk: (305)949-3900 Hm: (305)443-3167 cc: Mayor Xavier Suarez Miami City Commissioners Asst. City Attorney Yamile M. Trehy Mr. Henry Crespo c '--red the following Resolution an loved its adoption. RESOLUTION ZB 112-97 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE -NO. 11000, AS AMENDED, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 602.4.1, PRINCIPAL USES PERMITTED ON GROUND FLOOR FRONTAGE OF PRIMARY PEDESTRIAN PATHWAYS, TO PERMIT A SUPPER CLUB AT AN EXISTING RESTAURANT ("SLOPPY JOE'S) FOR THE PROPERTY LOCATED AT 3131 COMMODORE PLAZA LEGALLY DESCRIBED AS LOTS 13, 14, 15, BLOCK 2, COMMODORE PLAZA (18-25) PUBLIC RECORDS OF DADE COUNTY; ZONED SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED AND IT SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE APPROVAL SHALL RUN WITH THIS OPERATOR ONLY; ANY CHANGE IN OPERATOR SHALL REQUIRE A NEW SPECIAL EXCEPTION SO THAT THE PLANNING DEPARTMENT HAVE THE OPPORTUNITY TO REVIEW THE PROPOSAL INDIVIDUALLY. 2) THE. APPLICANT SHALL SUBMIT A PARKING INCENTIVE PROPOSAL AND ASSURANCE THAT THE PARKING SPACES ACROSS THE STREET (AND UNDER- THE SAME OWNERSHIP) WILL BE MADE AVAILABLE TO PATRONS OF THE PROPOSED FACILITY, SAID SUBMITTAL SHALL REQUIRE THE REVIEW AND APPROVAL OF THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE AS A "SUPPER CLUB". 3) THE APPLICANT SHALL COMPLY WITH THE ISSUANCE OF A SIDEWALK CAFE PERMIT IN ACCORDANCE WITH THE REQUIREMENTS OF THE PUBLIC WORKS DEPARTMENT AND THE PERMIT FEE SHOULD BE RETROACTIVE TO SEPTEMBER 16, 1997. Upon being seconded by Ms. Ileana Her=dez :?.e moticr, was passed and adopted by the following vote: AYES: Mses. Basila, Hernandez & Morales Messrs. Barket & Crespo NAYES: Messrs. Gibbs & Obregon ABSENT: Ms. Cuervo Mr. Moran-Ribeaux Ms. Fernandez: Motion carries 5-2 1 / Teresita. L. Fer&"-ndez, Chief Office of Hearing Boards November 17, 1997- Item #9 Zoning Board 98— 188 5 I ;Hove that the request on agenda item � be (denied) ranted in that the require is of Section 2305 (were) (were no satisfied by relevant ev ice in the record of that public hearing- a) as stated in the City-s findings of fact, or b) as demonstrated by the petitioner, or c) on the basis of the followinq: The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2303, (haw) (haw not) been uet. Circl,a aaorvoriate conditions 1303.1 ingress and =areas. Cue consideration shall be given to admpacy of ingress 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 esiergency. 1305.2 Offstreet Parking and Loading On* consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference• to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangsment in relation to access in cast• of fire or other srrgency, and screening and landscaping. 1303.3 AefWW and service areas. z one consideration shall be given to the location, scale, design, and screening of refuse and service areas to the sanntr in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to tho location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Sims and liahtiam. Due consideration shall be given to the number, size, character, location and orientation of proposed signs, and of proposed lighting for signs and promises, with particular reference to -traffic safety, glare, and compatibility and harmony with adjoining and nearbp property and the character of the area. q °a- 1887 1305.5 Utilities. Cu* consideration steal a given to utilities required, with :articular reference tc availability and capacity of systems. location of connections, and Potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drains.ve Due consideration shall be given for drainage, with particular referents to effect on adjoining and nearby properties and on general drainage systems in the area. there major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other rand,&, measures. 130 .7 pze-- atiom of natural features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. .lei_ - •_.__ �__ ��•z_ t_._ in addition to consideration of detailed elements indicated above, as appsepsiato to the particular class or kind of special pesnit and the circumstances of the particular case, due consideration shell be given to potentially adverse effects generally on adjoiain4 and nearby psopesti", the arse, the neighborhood, or the City, of the use or oeeupaueY as proposed, or its location, construction, design, charecter, seale or manner of operation. Nhese snob potentially adverse effects ass found, consideration shall be given to special reasdial measures appropriate in the particulas cireaastancss of the, case, includinq sereening or buffering, landscaping, control of manner or hours of operation, alteration of use, of such spoes, or such other measures as are regained to assure that such potential adverse effects will be elininated or aiainised to the maxima extent reasonably feasible, and that the use of occupanCr will be compatible and harmonious with other develop■sat in tho area to a degree which will avoid substantial depreciation of the value of nearby property. Oats iil)�lg7 Item -- ANALYSIS FOR SPECIAL EXCEPTION 3131 Commodore Plaza CASE NO. 1997-0056 Pursuant to Article 6, Section 602.4.1. of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal to allow a supper club at an existing restaurant in the SD-2 Coconut Grove Central Commercial Zoning Districts• has been reviewed as follows: The following findings have been made: • It is found that the proposed use is appropriate for its location along a commercial corridor in the SD-2 zoning district; it is also found that the proposed use is in scale and character with the surrounding area. • It is found that, as presented, the lack of "on -site" parking could have an adverse effect on the surrounding area for this particular use due to the late hour in which the patrons will be returning to their "off -site" parking accommodations; this situation could be remedied by the applicant ensuring that the existing. parking spaces across the street (under the same ownership) are utilized by the patrons of the subject property and that further, an incentive for the patrons to utilize these spaces is created. • It is found that, with the exception of parking (which has been addressed in the finding above and through the condition listed below) the proposed use, at the subject location and by the proposed operator, is in compliance with all remaining criteria as listed in Section 1305 of Zoning Ordinance 11000. Based on these findings, the Department of Planning and Development is recommending approval of the proposed supper club use with the following conditions: 1. This approval shall run with this operator only; any change in operator shall require a new Special Exception so that the Planning Department have the opportunity to review the proposal individually. 2. The applicant shall submit a parking incentive proposal and assurance that the parking spaces across the street (and under the same ownership) will be made available to patrons of the proposed facility, said submittal shall require the review and approval of the Planning Department prior to the issuance of a Certificate of Use as a "Supper Club". q,s- i88 9 o• os"' r•loa 2 ro7 ` y5os i a 2 i��� A V E. IiWWr N .. �. r w ._ , p q f• r ... In .n top , ris -Us Ito d •a a t• r 8 ri f tf v. 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APPLICATION FOR SPECIAL EXCEPTION File Number Vithin 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 intansive review to determine whether or not they should be permitted in specific locations, and if so. the special limitations. conditions, and safeguards -hich should be applied as reasonably totessary to 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 judgement of the Zoning loud be exercised in making such determination, in aetordante with the rules, consideration: and limitations relating to. Special ' Exceptions. (See Article 16) Ferwal public notice and hearing is wandatery for Special Exceptions. The Zoning loard shall be solely espansfble for detersinations on applications for Special Exception. All applitetions shall be referred to the director of the 0"wtmannt of Planning. Building and Zoning for his recommendations and the director shall mate any further referrals required by these regulations. Manuel Alonso-Poch I. ,hereby "ply to the City.'vf Mw bairq bard for approval of a Special Exception for property located at .3131 Commodore Plaza Coconut Grove, Tforida 33133 Nature of proposed Use (N specific) Scupper Club In support of this application, the follorinl "too at is submitted: Two copies of a survey of the property p vp wq d by a State of Florida WSW" Lund Smrneyor. Z. Four copies of: the site plan showing (as regeirad) Prop" ty bamndariIs. existing (if any) and premed structure(s), panting, landscaping etc; building elevation and divansions and compatatim of lot area and bwildi"I spacing. X S. Afridwits diseiostnl ownership of property covered by application and disclosure of interest fors (attach to apolicationn). _ X i. Certified list of owners of real estate within a 3754oet radius of the outside bomwaMes of prepofty covered by the application. X S. At least two Ohotelraphs that show the entire pro" ty (land and improve. Rents). �. 6. other (Specify) X , T. Fee of f-_ to apply tow l the cost of precasinng: 34- 188 I5 w ♦ r 1__ i -- Zvi I i i i -. ' I `, I I I Ur I I I— I I f 1C.nf� I I r1.7 DU.7 I lJ Special Exception .......................... $60.00 Surcharge epal to applicable fee fmm item above, not to exceed six hundred and fifty dollars (SM) 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 (37S) feet of the subject property. (City Code - Section 62-61) n STATE OF fMIOA) SS: COUNTT Of on ) Signature - �'� Owner or Nana? Manuel #lonso-Poch A"ms 2100 Ponce de Leon Blvd., Ste. 1170 Coral Gables, Florila 37734 phone (305) 448-4053 ManuelAionso—Poch being duly sworn, deposes aM sop that .he is the (Owner)(Aet zod Agent of Owner) of the real property dm,16W in aimr to potion tl aban; that he has read the foregelnp answers end that the sm are true aad emspiete; and (if acting as sgsnt for swnsr) that he has authority to s7 m t" petities on behalf of tM owner. J YAM " MQ SOMIM before w this dq ai IV Cow nisn E:tpirsa: dr A" Notary polic, Stets of Florida at tame l� •..•. � � � � _ -'_ —..+, r .ter r t.. a � yr r u rn r . r rGnrC t i'VU D1JJ I l.' - `i44 SbJO P. 04 AFFIDAVIT STATE Of FLORIDA } } SS LOUIM OF DARE } Before me. the undersi" authority, this day personally appeared Manuel Alonso-Poch ,who being by as first duly sworn, upon oath, deposes and says: I. That Ne is the owner, or the legal r!presomtativo of the owner, submitting the acCMNWying application for a "lie hearing ps retnired by Ordinance 11OW of the Code of the City of Masi, Florida, affletimg the real property located in the City of Memel, as- described and listed of the pages attached to this off 'davit and Dade a part th~. 2. That all ornnaFs which he reprasemts, if any. have given their full and complete permission for his to act in their behalf for the dow or modifics- tion of a classificatio► or repletion of zoning as set oat in. the aeeo"anyimy petition. 3. That the mas atterhod hereto sued made a part of this affidirit contain the current names, 0"ling addross*s, phone WA6M and loyal doseriptioms for the the real property of which he is the ormer or legal roprasemtative. t. The facts as IF to in tM application aid dscom is svbmttd in conjunction With this affidavit art t ne and correct. F~ Affiant ssyeth not. Sworn to and Substr►�w before arm this ="� day of,5e ; 19U. 1 pory public, State of Florida at IW'm my Commmission Empires: �'t� f� �ROIG LOPEZ 00 SONMRINOUGH %p fR AUNnC 90r+oe43 Co. W 9g- 188 �� 7YYJCl7��J -.CJJ OWNER'S LIST Owner's Name Commodore Partners, L.C. Mailirg Address 2100 Ponce de Leon Blvd., Ste. 1170, Coral Gables, FL 33134 Telephone Nunber (3 0 5) 4 4 8- 4 0 5 3 Legal Description: Lots 13, 14, 15, Block 2, COMMODORE PLAZA, PB 18, PG 25 Owner's Name Meiling Address TeleOhone Number Legal Description: IV Owner's Name Mailing Address Telephone Number Legal Oescription: Any other reel estate property owned individually, jointly, or sererally (by corpor.tio+, partnership or privettly) Witm" 375 toot of the subject sit* is listed as fellow: Street Address Legal Oeseriptiee 3108 Commodore Plaza Lots 18, 19, 24, Block 1, COMMODORE PLAZA PB 18, PG. 25 Street Address +!owl Oeseriptiot Street Address Legal Description Js- 188 /g �"•^.JV JVJ I . UU DISCLOSURE OF O1Ai MIp I. Legal description and strut address of subject real property: 3131 Commodore Plaza, Coconut Grove, Florida 33133 Z. owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 94I9 Pe -quires disclosure of all parties flaring a financial interest, either director indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 02 requires disclosure of shareholders of corvorations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Manuel Alonso—Poch 50% owner 2100 Ponce de Leon Blvd., Suite 1170, Coral Gables, FL 33134 Michael Halpern 50% owner 209 Duval Street, Key West, Florida None 3. Legal description and street address of any real property (a) owned by air party listed in aamr to question 02, and (b) located within 37S feet of the subject real property. STATE OF FLORIDA } SS: COW" OF OAOE } Manuel Alonso—Poch , being duty sw rn, deposes aqd says that he is the (Please Mint) (0~) (Attoroey for Omer) of the real property deamb" it answer to question fl adobe; tw he has read tM foregoing anv are ad that the saes are true and couplets and (if acting as attorney for owner) that he ho authority to execute the disclosure of amewsbip fay an behalf of the ;1 r. /') SVORN TO AND IVED before me this 2 toy o 19 MY C"IS310N EXPIRES: Signature of or Notary public, State of f ride at of Gill • .,,, Z I W/GALL TRI-COUNTY for. RECORD AND RETURN TO AND THIS INSTRUMENT PREPARED BY: Craig 0. Savage, Esquire Mamber, Savage & Singer, P.A. 801 N.E. 167th Street North Miami Beach, FL. 33162 Folio Nos. 01-4121-047-0180; 01-4121-047-0190; 01-4121-047-0230 & 01-4121-047-0440 WARRANTY DEED 97R295348' 1997 JUL 02 15.25 OOCSTPDEE 7s300,00 SURTX 5PS50,00 HARVEY RUVINv CLERK DADE COUNTYP FL THIS DEED, made this 27th day of June, 1997, between COUNTY NATIONAL BANK OF SOUTH FLORIDA, a National Banking Institution, whose address is 801 N.E. 167th Street, North Miami Beach, Florida 33162 as "GRANTOR" and COMMODORE PARTNERS, L.C., a Florida limited liability company, whose post office address is 2100 Ponce de Leon Boulevard, Suite 1170, Coral Gables, Florida 33134 as "GRANTEE". (Wherever used herein, the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations in hand paid to GRANTOR by said GRANTEE, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the GRANTEE the following described real property, and rights and interest in real property located and situated in the County of Dade and State of Florida, to wit: Lots 18, 19, and 24, "in Block 1, and Lots 13, 14, and 15, in Block 2, of COMMODORE PLAZA, a/k/a The Plat of Irving J. Thomas Company's Subdivision in the Town of Coconut Grove, according to the Plat thereof as recorded in Plat Book 18, at Page 25, of the Public Records of Dade County, Florida. SUBJECT TO: 1. Real property taxes for the year 1997 and subsequent years; and 2. Zoning or other regulatory laws and ordinances affecting the land; and 3. Easements, rights of way, limitations, reservations, covenants and restrictions of record. The GRANTOR does hereby fully warrant the title to all the premises hereby conveyed, and will defend the same against the claims of each and every person or persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set his hand and seal, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA COUNTY OF DADE COUNTY NATIONAL BANK OF SOUTH FLORIDA, a National Banking Institution By. G >� Richard A. Kuci, Jr. Executive Vice President 801 N. E. 167th Street N. Miami Beach, FL 33162 (Corporate Seal) I HEREBY CERTIFY that on this 27th day of June,1997, before me, the undersigned authority, personally appeared Richard A. Kuci, Jr. Executive Vice President of County National Bank of South Florida, a National Banking Institution, to me known to be the person described in and who executed the foregoing instruments and he acknowledged before me/that he executed the same He is personally known to me. i� / 1 My Commission Expires: <EC',"j> w CAPON. RECCAD$ DOCK ,,f DUDE Cw—. FL — RECORD VERVWO HARVEY RUVIN CLERK rIRCUrr COUff 0FFCAAL NOTARY Sru►L o`Pnr ?�B YVONNE M SMITH t ^ (" () CDMMBe w MAMA MY 00M1Af9510N EXPNES �p FV� NOV. 20.2000 9s- 188 2e-5 Angela George ! LFT_Q) I T Y O F M I A M I ARPS PROPERTY SYSTEM LIEN INQUIRY BY FOLIO / ADDRESS (15) PAGE NO: !00011 FOLIO (412104704401 ADDRESS [3131) [ ) [COMMODORE ) [PLZ ) UNIT [ ) LEGAL: 1) 21 54 41 4) LOT SIZE 75.000 X 103 2) COMMODORE PLAZA PB 18-25 5) OR 17699-0173 0697 2 (4) 3) LOTS 13-14 & 15 BLK 2 LIEN NO TYPE STATUS DATE COMP / ACCTNO FRONTAGE COST/AMT DUE SELECT ACTION: 1-INQ NO MORE RECORDS Window ARPSWIN/1 at PRODUCTION Date: 10/7/97 Time: 8:18:36AM ENTER ACTION [1 ) XMIT [ ) 9 6 Pg=1 FORM RCV LTAI