HomeMy WebLinkAboutR-98-0444J-98-421
4/27/98
RESOLUTION NO. 9 v 4
44
A RESOLUTION, WITH ATTACHMENTS, APPROVING
WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE MUTINY
CONDOMINIUMS PHASE II PROJECT, TO BE LOCATED
AT APPROXIMATELY 2889 McFARLANE ROAD AND 2951
SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; TO BE
COMPRISED OF A PLANNED UNIT DEVELOPMENT
PROJECT WITH APPLICABLE INCREASED FLOOR AREA
RATIO BONUSES, CONSISTING OF A 211 UNIT
APARTMENT/HOTEL, ACCESSORY FUNCTION AND
COMMERCIAL/RETAIL SPACES AND 700 PARKING
SPACES; DIRECTING TRANSMITTAL OF THE HEREIN
RESOLUTION; MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 19, 1997, Lucia A. Dougherty on behalf
of Mutiny on the Bay, Ltd. ("APPLICANT"), submitted a complete
Application for Major Use Special Permit for the Mutiny
Condominiums - Phase II Project ("PROJECT") pursuant to Zoning
Ordinance No. 11000, Articles 5, 9, 13 and 17, for the property
located at approximately 2889 McFarlane Road and 2951 South
Bayshore Drive, Miami, Florida, as legally described on
Exhibit "Al' to be comprised of a planned unit development project
with increased floor area ratio bonuses; and
ATTACHMENT (S)
CONTAINED
C= COMA SIGN,
MEETING OF
APR 2 8 1998
Resooiioon No.
`7..SL.�..��:
WHEREAS, development of the PROJECT requires the issuance of
a Major Use Special Permit pursuant to Article 17 of Zoning
Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on
December 11, 1997, to review the proposed PROJECT and offer its
input regarding technical issues; and
WHEREAS, the Urban Development Review Board met on
December 15, 1997, and recommended approval of the proposed
PROJECT; and
WHEREAS, the Zoning Board, at its meeting of March 30, 1998,
Item No. 1, following an advertised public hearing, adopted
Resolution No. ZB 1998-0041, RECOMMENDING APPROVAL of Special
Exceptions for the PROJECT as a component of a Major Use Special
Permit, subject to APPLICANT complying with all conditions of the
Development Order for the PROJECT, by a vote of seven to zero
(7-0); and
WHEREAS, the Zoning Board, at its meeting of April 13, 1998,
Item No. 1, following an advertised public hearing, adopted
Resolution No. ZB 1998-0044, RECOMMENDING APPROVAL of Special
Exceptions for the PROJECT as a component of a Major Use Special
Permit, subject to APPLICANT complying with all conditions of the
Development Order for the PROJECT, by a vote of seven to zero
(7-0); and
-2-
98- 444
WHEREAS, the Planning Advisory Board, at its meeting of
April 15, 1998, Item No. 8, following an advertised public
hearing, adopted Resolution No. PAB 39-98, RECOMMENDING APPROVAL
of the PROJECT for a Major Use Special Permit, subject to
APPLICANT complying with all conditions of the Development Order
for the PROJECT, by a vote of five to zero (5-0); and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order for the
PROJECT as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A Major Use Special Permit Development Order,
attached hereto as Exhibit "B" and made a part hereof, is hereby
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance No. 11000, as amended,
for the Mutiny Condominiums - Phase II Project (hereinafter
referred to as the "PROJECT") to be developed by Mutiny on the
Bay, LTD. ("APPLICANT"), to be comprised of a Planned Unit
Development with applicable increased floor area ratio bonuses,
-3-
98- 444
for the property located at approximately 2889 McFarlane Road and
2951 South Bayshore Drive, Miami, Florida, more particularly
described on Exhibit "A", attached hereto and made a part hereof.
Section 3. The PROJECT is hereby approved for the
construction of up to 250 hotel rooms and 211 residential units
with accessory function and retail/commercial space and 700
parking spaces.
Section 4. The Major Use Special Permit Application for
the Mutiny Condominiums - Phase II Project also encompasses the
lower ranking Special Permits as set forth in the Development
Order, attached as Exhibit "B" hereto and incorporated herein.
Section 5. The findings of fact set forth below are
hereby made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami
Comprehensive Neighborhood Plan 1989-2000, as amended.
b. The PROJECT is in accord with the applicable 0, SD-17,
SD-19 and SD-2 Zoning classifications of Zoning
Ordinance No. 11000, the Zoning Ordinance of the City
of Miami, Florida, as amended.
C. Pursuant to Section 1305 of the Zoning Ordinance of the
City of Miami, Florida, the specific site plan aspects
of the PROJECT, i.e., ingress and egress, parking,
signs and lighting, utilities, drainage, preservation
of natural features and control of potentially adverse
- 4 - 98-- 444
effects generally, have been considered and will be
further considered administratively during the process
of issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately
$78 million, and to employ approximately 100 workers
during construction (FTE); and 80 employees annually
(recurring). The PROJECT will generate approximately
$1.2 million annually in ad valorem tax revenues to
local units of government (1997 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the
economy of the City;
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the PROJECT
will be mitigated through compliance with the
conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for
people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public
utilities;
- 5 - 98- 444
(6) the PROJECT will not negatively impact the
environment and natural resources of the City;
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public
safety;
(9) based on the record presented and evidence
presented, the public welfare will be served by
the PROJECT; and
(10) any potentially adverse effects of the PROJECT
arising from safety and security, fire protection
and life safety, solid waste, heritage
conservation, trees, shoreline development,
minority participation and employment, and
minority contractor/ subcontractor participation
will be mitigated through compliance with the
conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and
amended, shall be binding upon the applicants and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on December 1997, and revised on March 1998
and on file with the Department of Planning and Development of
- 6 - 98-- 444
the City of Miami, Florida, shall be relied upon generally for
administrative interpretations and is made a part hereof by
reference.
Section 8. This Major Use Special Permit will expire two
(2) years from its effective date which is thirty (30) days after
the adoption of the herein Resolution.
Section 9. The City Manager is hereby directed to
instruct the Director of the Department of Planning and
Development to transmit a copy of this Resolution and attachments
to the developers: Mutiny on the Bay, Ltd., 2951 South Bayshore
Drive, Miami, F1. 33133.
Section 10. The Findings of Fact and Conclusions of Law
are made with respect to the Project as described in the
Development Order for the Mutiny Condominiums Phase II Planned
Unit Development Project, which is attached hereto as Exhibit "B"
and made a part hereof by reference.
Section 11. The Major Use Special Permit Development
Order for the Mutiny Condominiums Phase II Planned Unit
Development Project (Exhibit "B") is hereby granted and issued.
Section 12. In the event that any portion or section of
this Resolution or the Development Order (Exhibit "B") is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
manner affect the remaining portions of this Resolution or
- 7 -
98- 444
Development Order (Exhibit "B") which shall remain in full force
and effect.
Section 13. This Resolution shall become effective thirty
(30) days after its adoption.
PASSED AND ADOPTED this 28th day of April , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place providR , said legislation n w
becomes effective with the elapse of ten (10) da o from the dale of Ccmrniss:cn action
reganfing same, without the May r exer ' in eto.
ATTEST: //jJ,.�..�,
GL�ifX.!/
Walt r J. e , 2
City Clerk
WALTER J. FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
GEO GE . WYSONG, II
ASSISTANT CITY ATTORN
W2460:GKW:BSS
- 8 - 98- 444
Exhibit "A"
.w
LEGAL DESCRIPTION
2951 S. Bayshore Drive
2889 McFarlane Road
SITE I
TRACT "A' SAILBOAT BAY SLBDIVIS10N AMENDED. ACCORDING TO THE PLAT
THEREOF. AS RECORDED IN PLAT BOOK 96 AT PAGE 85 OF THE PUBLIC RECORDS OF
DADE COU'\TY. FLORIDA.
AND
SITE 2
COMMENCING AT A POST NIARKTNG`THE SOUTHWEST END OF THE DIVIDI\G LINE
BETWI EN LA'S-DS OF C.J. PEACOCK; SOMETIMES CALLED CH.ARLES PEACOCK .A\D
LAND DESIGNATED AS LOT 4 OF \,1L:\'ROE'S PLAT IN GOFERNVE\T LOT \0 1 OF
SECTION 21. TOWNSHIP 54 SOUTH. RANGE 41 EAST. AS RECORDED I\ DEED BOOK D.
PAGE 'r ; OF THE PL.BLIC RECORDS OF DADE COUNTY. FLORID.A. THE\CF R['\ 1\ A
SOUTHEASTERLY DIRECTION 125 FEET ON THE DIN'IDI\G 1-1\1 BET\1'EE\ THE
LANDS OF CH.ARLES PEACOCK AND SAID LOT NOA.- THENCE TN A NORTHEASTERLY
DIRECT ION 250 FEi✓T 110RE OR LESS TO THE INTERSECTION OF THE LINE DIVIDING
THE LANDS OF W\1 D. ALBURY AND SAID LOT N0.4 AS SHOW\ BY SAID RECORDED
PLAT IN DEED BOOK D. AT PAGE 253. DADE COUNTY PUBLIC RECORDS. THENCE
ALONG SAID LINE OF W.D-U.BURY PROPERTY IN .A NORTHWESTERLY DIRECTIO\
125 FEET. THENCE TN A SOUTHWESTERLY DIRECTION 2�0 FEET N10RE OR LESS TO
THE POINT OF BEGINNING. EXCEPTHTNG THEREFRO\1 .A STRIP OF L.A\D SOLD TO
THE HOUSEKEEPER'S CLUB OF COCONUT GROVE. MORE PARTICULARLY
DESCRIBED .AS FOLLOWS
CONI\1E\CT\G .AT THE NORTHEAST CORNER OF THE WHOLE LOT..AS DESCRIBED
ABOVE A\D RUNNING THENCE NORTHNVESTERLI' ALO\G THE LINE OF THF. WV D
ALBLRI' PROPERTY 125 FEET TO THE NORTFRVEST CORNER OF SAID WHOLE LOT.
THENCE SOUTHWESTERLY .ALONG THE LINE OF THE C J PEACOCK PROPERTY c,I.1
FEET. THENCE SOUTHEASTERLY 125 FEET AND THENCE NORTHEASTERLY 60 FEET
TO THE PLACE OF BEGENNING ALONG THE NORTT-RVEST END OF SAID WHOLE LOT
WHICH INCLUDES THE NORTHERLY OR NORTHEASTERLI' 60 FEET OF THE ABOVE
DESCRIBED TRACT. SAID 60 FOOT STRIP A.DJOI'�'ING THE SAID LANDS OF W D
ALBU'RY ABOVE REFERRED TO. ALSO EXCEPTING THAT CERTAIN PARCEL OF LAND
MORE PARTICUL.ARL DESCRIBED IN THAT CERTAIN* DEED RECORDED INDEED
BOOK 785, AT PAGE 280. OF THE PUBLIC RECORDS OF DADE COUNT)'. FLORIDA A\D
EXCEPTING THAT CERTAIN 7.5 FEET OF LAND DEEDED TO THE CITY OF \11A\11 FOR
STREET PURPOSES UNDER DEED FILED IN CLERK'S FILE NUMBER Y-103230
SACKMA% 2 INC.
arthrect
GREENBERC TRAURIC MUTINY ON THE BAY LTD.
rtome. Owner
THE MUTIso CONDOMINIUMS
m&10- use sat".. pff-
98- 444
EXHIBIT "B"
DEVELOPMENT ORDER
ATTACHMENT TO
RESOLUTION NO.
DATE:
MUTINY CONDOMINIUMS - PHASE II PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13 and 17 of
Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended, the Commission of the City of Miami,
Florida, has considered in a public hearing, the issuance of a
Major Use Special Permit to be comprised of a Planned Unit
Development with increased floor area ratio bonuses for Mutiny
Condominiums - Phase II Project (hereinafter referred to as the
"PROJECT") to be located at approximately 2889 McFarlane Road and
2951 South Bayshore Drive, Miami, Florida; see legal description
in Exhibit "A", attached hereto and made a part hereof; said
legal description is subject to any dedications, limitations,
restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning
Advisory Board and the Zoning Board and after due consideration
of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved
the PROJECT, and subject to the following conditions approves the
Major Use Special Permit and hereby issues this Permit:
B-1
98- 444
PROJECT DESCRIPTION:
The proposed Mutiny Condominiums - Phase II Project is a
Planned Unit Development Project located at approximately 2889
McFarlane Road and 2951 South Bayshore Drive, Miami, Florida
("PROJECT"). The PROJECT is located on approximately 3.607 gross
acres and 2.564 net acres of land (more specifically described in
Exhibit "A", incorporated herein by reference). The remainder of
the PROJECT' s VITAL DATA is attached hereto as Fxbibi t "C" , and
incorporated herein by reference.
The proposed PROJECT will consist of a 211 residential unit
apartment/hotel with accessory function and retail/commercial
space and 700 parking spaces. The project will consist of a 21
story residential structure and an attached 8 story parking
garage structure; it will also contain a recreation area
consisting of the following amenities: swimming pool, fitness
center, spa, steam and sauna rooms, and jacuzzi with access to
sun decks.
The ownership, operation and maintenance of common areas and
facilities will be by the property owner or a mandatory property
owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
B-2 98- 444
The Major Use Special Permit Application for the Mutiny
Condominiums - Phase II Project has a companion application for
Special Exception to allow the following:
SPECIAL EXCEPTION per Article 9, Section 906.7.3., for
bar/saloon and/or tavern; and
SPECIAL EXCEPTION per Article 9, Section 917.1.2., for
valet service to a hotel/apartments.
The Major Use Special Permit Application for the Mutiny
Condominiums - Phase II Project also encompasses the following
lower ranking Special Permits:
CLASS II SPECIAL PERMIT per Article 15, Section 1510,
for preservation of natural or archeological fixtures.
Allowing the reduction of the require 65% of the uses
allowed in section 602.4.1.1. to preserve the existing
grave site; and
CLASS II SPECIAL PERMIT per Article 9 Section 906.7.3.,
and Determination of Use not Specified No. 97-006, for
a restaurant accessory to residential use with an
excess of 100 dwelling units and/or with compliance
with the intent and requirements of the "Primary
Pedestrian Pathway" designation on the subject
property's McFarlane Road frontage; and
CLASS II SPECIAL PERMIT per Article 6, Section 617.3.,
for development within the SD-17 Zoning District; and
CLASS I SPECIAL PERMIT per Article 9, Section 903.1 for
development under the less intense district in a site
with two or more zoning district designations; and
CLASS I SPECIAL PERMIT per Article 9, Section 906.9,
for pool/spa and outdoor recreational area.
Pursuant to Articles 13 and 17 of Zoning Ordinance
No. 11000, approval of the requested Major Use Special Permit
shall be considered sufficient for the subordinate permits
referenced above.
B-3 98- 444
The Project shall be constructed substantially in accordance
with plans and design schematics on file prepared by Sackman2
Inc., dated February, 1998; the landscape plan shall be
implemented in accordance with the plans on file prepared by the
Witkin Design Group, dated March, 1998; said design and
landscape plans may be permitted to be modified only to the
extent necessary to comply with the conditions for approval
imposed herein; all modifications shall be subject to the review
and approval of the Director of the Department of Planning and
Development prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the 0, SD-17,
SD-19 and SD-2 Zoning Districts, as contained in Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended.
The existing comprehensive plan future land use designation
allows the proposed mix and intensity of commercial and
residential uses.
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT,
ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO
THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other laws.
B-4 98- 444
2. Prior to the issuance of a building permit, provide the City
with a list of agencies from which approvals and/or permits
must be obtained prior to initiation of development and the
permit or approval required of each.
3. Prior to the issuance of a building permit, record a
certified copy of the development order in the Public
Records of Miami -Dade County that specifies that the
Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or
severally.
4. Allow the Miami Police Department to conduct a security
survey, at the option of the Department, so as to make
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Development, prior to commencement of construction,
demonstrating how the Police Department recommendations, if
any, have been incorporated into the PROJECT security and
construction plans, or demonstrate to the Planning Director
why such recommendations are impractical.
5. Provide a letter from the Department of Fire -Rescue
indicating APPLICANT'S coordination with members of the Fire
Plans Review Section of the Department of Fire -Rescue for
the review of the scope of the PROJECT, owner
responsibility, building development process and review
procedures, as well as specific requirements for fire
protection and life safety systems, egress, vehicular access
and water supply.
6. Provide a letter of assurance from the Solid Waste
Department that the PROJECT has addressed all concerns of
said Department.
B-5 98 - 444
7. Prepare a Minority Participation and Employment Plan to be
submitted to the City's Director of Minority and Women
Business Affairs for review and comments, with the
understanding that the City's Minority/Women Business
Affairs and Procurement Ordinance No. 10538 is a guide that
the APPLICANT must use its best efforts to follow.
8. Prepare a Minority Contractor/Subcontractor Participation
Plan to the City's Director of Minority and Women Business
Affairs for review and comment, with the understanding that
the City's Minority/Women Business Affairs and Procurement
Ordinance No. 10538 is a guide that the APPLICANT must use
its best efforts to follow.
9. Record in the Public Records of Miami -Dade County, Florida,
a Declaration of Covenants and Restrictions providing that
the ownership, operation and maintenance of all common areas
and facilities will be by the property owner or a mandatory
property owner association in perpetuity.
10. Provide the City with an executed, recordable unity of title
or covenant in -lieu of unity of title agreement for the
subject property; said agreement shall be subject to the
review and approval of the City Attorney's Office.
11. The applicant shall provide plans for proposed sidewalk and
swale area improvements prior to the issuance of a building
permit; said plans shall be subject to review and approval
by the Public Works Department and the Department of
Planning and Development.
12. Provide the Department of Planning and Development with a
temporary parking plan which addresses construction employee
parking and temporary parking arrangements for the existing
building during the construction period; said plan shall be
B-6 gg- 444
subject to the review and approval by the Department prior
to the issuance of any building permits.
13. The applicant shall retain the services of an archeological
consultant who will be responsible for conducting
archeological monitoring of all ground disturbing activity,
as well as the subsequent recovery of artifacts; said
consultant shall obtain a scope of work from the Miami -Dade
County Archeologist and shall provide reports to both that
office and the City of Miami Preservation Officer.
14. Final approval of the landscaping proposal submitted by the
applicant shall be subject to further staff review of the
subject proposal upon completion of the public hearing
process in order to properly address any changes that may
result from said hearings.
15. Final approval of the design component of this application
including right-of-way improvements, fagade treatment,
signage, lighting, etc., shall be subject to further staff
review of the subject proposal upon completion of the public
hearing process in order to properly address any changes
that may result from said hearings.
THE CITY SHALL:
Subject to payment of all applicable fees due, establish the
effective date of this Permit as being thirty (30) days from the
date of its issuance; the issuance date shall constitute the
commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
IM
98- 444
The Mutiny Condominiums - Phase II Project, proposed by the
applicant, Mutiny on the Bay, Ltd. ("Applicant"), complies with
the Miami Comprehensive Neighborhood Plan 1989-2000, is
consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations, and
it is further found, pursuant to Section 1703 of Zoning Ordinance
No. 11000 that:
(1) the PROJECT will have a favorable impact on the
economy of the City; and
(2) the PROJECT will efficiently use public
transportation facilities; and
(3) the PROJECT will favorably affect the need for
people to find adequate housing reasonably
accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the
environment and natural resources of the City; and
(6) the PROJECT will not adversely affect public
safety; and
(7) the public welfare will be served by the PROJECT;
and
(8) any potentially adverse effects of the PROJECT will be
mitigated through the conditions of this Major Use
Special Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
B-8
8- 444
Pursuant to Section 1305 of Zoning Ordinance No. 11000, the
specific site plan aspects of the PROJECT i.e., ingress and
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally, have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
B-9
8- 444
1
Exhibit "C" _
PROJECT SUMMARY FOR THE MUTINY CONDOMINIUMS
DECEMBER, 1997
REV. FEBRUARY 1998
The Following data summarizes the maximum development allowed at the Mutiny II
Condominiums, pursuant to O (Office District) Zoning Guidelines with SD-19, SD-17 & SD-2
overlays. (O / SD- 19 Determined by City of Miami Planning Dept. as overriding overlay).
A. DEVELOPMENT POTENTIAL
1. Street Frontage: South Bayshore Drive: 170.43' L.F.
Mc Farlane Road: 215.00' L.F.
2. Net Lot Area (Phase I & Phase II): 111,230 S.F. (2.5535 acres)
3. Gross Lot Area (Phase I & Phase II): 154,370 S.F. (3.544 acres)
4. Base F.A.R. Permitted: 1.20
5. Additional F.A.R. for P.U.D. Bonus Permitted (20% Increase): .24
Additional F.A.R. for P.U.D. Bonus Provided (20% Increase): .24
6. Additional F.A.R. for Affordable Housing Fund Permitted (25% Increase): .300
Additional F.A.R. for Affordable Housing Fund Provided (25% Increase): .300
7. Total F.A.R. Permitted (w/ bonuses): 1.740
Total F.A.R. Provided (w/ bonuses): 1.740
8. Maximum Development Area Permitted (w/ bonuses): 334,403.80 S.F.
with Parking Ordinance (188 Spaces x 350 s.f./Space = 65,800 s.f.)
9. Maximum Development Area Provided:
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase H:
Total
10. Open Space Required (15% Gross Lot Area) (Ph I & Ph II):
11. Open Space Provided (15.2%) (Ph I& Ph 11):
12. Maximum Building Footprint Permitted (40%) (Ph I & Ph II)
is SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD.
architect attomev owner
141,373.00 S.F.
188,476.00 S.F.
329,849.00 S.F.
23,156 S.F.
23,494 S.F.
61,748 S.F.
z -
THE MUTINY CONDOMINIUMS
major use special permit
98- 444
The Mutiny Condominiums
Project Summary
Page 2
13. Building Footprint Provided (34.1%):
Existing Mutiny Condominiums - Phase I: 14,082 S.F.
Proposed Mutiny Condominiums - Phase II: 38,578 S.F.
Total 52,660 S.F.
14. Required Set Backs by City of Miami:
Required
Provided
* Front (South Bayshore Drive): 20'-0"
20'-0"
* Side Street (McFarlane Road): 15'-0"
15'-0"
* Side 10'-0"
10'-0" min.
* Side 10'-0"
10'-0" min.
Max. Allowed
Provided
* Building Height 220'-0"(w/Class I Approval) 218'-1"**
(22 Stories)
(21 Stories)
* * (from South Bayshore Drive Crown of Road)
B. BUILDING AREA COMPUTATIONS
1. *Total Gross Area (Excluding Balconies)
361,682.60 S.F.
Existing Mutiny Condominiums - Phase 1:
159,638.60 S.F.
Proposed Mutiny Condominiums - Phase II:
202,044.00 S.F.
2. Total Gross Area (Including Balconies)
409,958.60 S.F.
Existing Mutiny Condominiums - Phase I:
175,019.60 S.F.
Proposed Mutiny Condominiums - Phase II:
234,939.00 S.F.
3. **Total Net Residential Area (Excluding Balconies)
329,849.00 S.F.
Existing Mutiny Condominiums - Phase I:
141,373.00 S.F.
Proposed Mutiny Condominiums - Phase II:
188,476.00 S.F.
SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD. THE MUTINY CONDOMINIUMS
The Mutiny Condominiums
Project Summary
Page 3
Does Not Include The Following:
Circulation
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II
Support Services
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II
Balconies
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II:
Lobby
Existing Mutiny Condominiums - Phase I
Proposed Mutiny Condominiums - Phase II:
Fitness Center
Existing Mu :ny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II
Business Center / Cafe
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II
40,062 S.F.
21,202 S.F.
18,860 S.F.
9,859 S.F.
3,950 S.F.
5,909 S.F.
48,276 S.F.
15,381 S.F.
32,895 S.F.
2,505 S.F.
1,344 S.F.
1,161 S.F.
4,367 S.F.
880 S.F.
3,487 S.F.
4,388 S.F.
2,020 S.F.
2,368 S.F.
-
SACKMAN 2 INC. GREENBERG TRAURIG MUTINY ON THE BAY LTD. THE MUTINY CONDOMINIUMS
ardr[ea attonsey owsxr malor use tpecW pdmit
.� _..� g g- 444
The Mutiny Condominiums
Project Summary
Page 4
4. Total Number of Residential Units:
5. Apartment Breakdgtvn:
(01%) 3 Bedrooms
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase I1
(19%) 2 Bedrooms
383
Parking Spaces Required:
4 Units x 2 = 8 Spaces
2 Units x 2 = 4 Spaces
2 Units x 2 = 4 Spaces
65 Units x 2 = 130 Spaces
Existing Mutiny Condominiums - Phase I: 40 Units x 2 = 80 Spaces
Proposed Mutiny Condominiums - Phase II: 25 Units x 2 = 50 Spaces
(61%) 1 Bedrooms
255 Units x 1 = 255 Spaces
Existing Mutiny Condominiums - Phase L 130 Units x 1 = 130 Spaces
Proposed M:itiny Condominiums - Phase II: 125 Units x I = 125 Spaces
(19%) Studios 72 Units x 1 = 72 Spaces
Existing Mutiny Condominiums - Phase I: 0 Units x 1 = 0 Spaces
Proposed Mutiny Condominiums - Phase II: 72 Units x 1 = 72 Spaces
Totals: 396 Units 465 Spaces
Note: Developer commitment to limit the density to 211 Units
for Pha§e II through the creation of combination units
6. Total S.F. of Commercial (Phase 1 & Phase Il) 6,692 S.F.
Total S.F. of Business Center (Phase 1 & Phase I1) 3,467 S.F.
7. Total Gross S.F. for Parking Garage (9 Floors) 344,554 S.F.
8. Total Number of Parking Spaces Required: 693 Parking Spaces
Existing Mutiny Condominiums - Phase I: 232 Spaces
Proposed Mutiny Condominiums - Phase II: 273 Spaces
Parking F.A.R. Bonus: 188 Spaces
9. Total Number of Parking Spaces Provided
10. Excess Parking:
SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD.
arct tw attomey owrler
705 Parking Spaces
12 Parking Spaces _
THE MUTINY CONDOMINIUMS
mapr use special petit
t- 444
The Mutiny Condominiums
Project Summary
Page 5
The Mutiny I1 Condominiums consists of 21 Stories, 12 typical residential floors (90' thru 20"'),
consisting of 18 units per floor. The 8°i floor, which is the Recreational Deck, consists of a Fitness
Center, Business Center, Offices, the Pool and its surrounding amenities. The 21S` Floor, the
Penthouse Level, consists of 8 units. There are 9 levels of parking, 2 of these levels are
underground parking. The Ground Level contains the Lobby and Commercial Spaces.
* Calculated from the exterior face of all exterior walls, includes mechanical, custodial, stairs, shafts and elevator hoist ways.
** Calculated from the exterior face of exterior walls and to center line of common walls.
-a -
SACKMAN 2 INC. GREENBERG TRAURIG MUTINY ON THE BAY ETD. THE MU[TTIINY CONDOMINIUMS
.............._.�.. ardreea aaaney owns l,J �� �I T'41 4
PZ-2
PLANNING FACT SHEET
APPLICANT Mutiny on the Bay, Ltd.
HEARING DATE April 15, 1998.
REQUEST/LOCATION Application for Major Use Special Permit.
LEGAL DESCRIPTION N/A
PETITION Consideration of a Major Use Special Permit for the Mutiny II
Project to allow a luxury residential condominium and apart/hotel
development consisting of 210 residential units and accessory
commercial space and an attached garage structure containing
676 parking spaces.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval with conditions VOTE: 5-0
CITY COMMISSION N/A
APPLICATION NUMBER 98-007 Item #8
.............. -...... ............ ................. ...............---........................................................................................................................... ......................---.............
CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT
4" SW 2N0 AVENUE, 3R0 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
D
....at....e::. ....04/............/98....................................................................................................................................................................•--.................... ... Page ......1..:
10
98 -- 444
Analysis for a
MAJOR USE SPECIAL PERMIT
for the
MUTINY II CONDOMINIUMS APART/HOTEL PROPOSAL
located at 2889 McFarlane Road
CASE NO. 98-007
The requested Major Use Special Permit is for the purpose of allowing the Mutiny I1
development proposal consisting of a total of 211 residential units to be accommodated
within a twenty-one story tower, with accessory commercial space and an attached eight
story parking structure containing 676 parking spaces for the property located at
approxirpately 2889 McFarlane Road within the Coconut Grove area (see attached legal
description, location maps and aerial photographs for exact property -boundaries).
The requested Major Use Special Permit also encompasses the following lower ranking
permits:
SPECIAL EXCEPTION per Article 9, Section 906.7.3. for Bar/saloon and/or
tavern;
SPECIAL EXCEPTION per Article 9, Section 917.1.2. for valet service to a
hotel;
CLASS II SPECIAL PERMIT per Article 15, Section 1510 for preservation of
natural or archeological fixtures. Allowing the reduction of the require 65% of the
uses'allowed in section 602.4.1.1. to preserve the existing grave site;
CLASS II SPECIAL PERMIT per Article 9 Section 906.7.3. and Determination
of Use not Specified No. 97-006, for a restaurant accessory to residential use with
an excess of 100 dwelling units and/or with compliance with the intent and
requirements of the "Primary Pedestrian Pathway" designation on the subject
property's McFarlane Road frontage;
CLASS II SPECIAL PERMIT per Article 6, Section 617.3. for development
within the SD-17 Zoning District;
CLASS I SPECIAL PERMIT per Article 9, Section 903.1 for development under
the less intense district in a site with two or more zoning district designations;
Page 1 of 4
g8 -- 4.44
CLASS I SPECIAL PERMIT per Article 9, Section 906.9 for Pool/Spa and
Outdoor recreational Area;
Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the
requested Major Use Special Permit shall be considered sufficient for and inclusive of the
subordinate permits referenced above.
In determining the appropriateness of the requested Major Use Special Permit, the
following findings have been made:
• It is found that the subject development project will benefit the City of Miami by
creating a new apartihotel, addressing the needs of an increasing segment of visiting
professionals on short to mid-term assignments in the Greater Miami Area, creating
additional housing opportunities attracting new residents to the Coconut Grove area
and additional employment opportunities for area residents.
• It is found that the project is well -designed and concordant with the scale and
character of the area. The project will enhance the subject property and provide
excess parking spaces made available to the general public which will greatly benefit
the adjacent commercial district.
• It is found that the subject of the accompanying Special Exceptions, specifically those
for the proposed valet parking and Bar / Saloon and/or Tavern, are completely within
the scope and character of the project given that it is a high density hotel and luxury
residential project to be located along a major transportation corridor within Coconut
Grove; such uses are linked to the success of a project of this nature.
• It is found that due to the' property's location in an important archeological area,
archeological monitoring shall be required prior to and during any ground -disturbing
activities.
• It is found that the proposed "bar / saloon and/or tavern" use is located wholly within
the proposed building and will cater mainly to its residents and guests.
• It is found that the parking demand generated by the proposed "bar / saloon and/or
tavern" use will be moderate for it will largely coincide with the demand calculated
for the principal uses.
• It is found that appropriate parking provisions have been made which can
accommodate additional parking demand generated by the proposed "bar, saloon
and/or tavern" use.
Page 2 of 4
98- 444
• It is found that the proposed "bar, saloon and/or tayern is conveniently located in the
building's base or pedestal component thus rendering access easy and convenient for
residents and tzuests alike.
• It is found that the proposed "bar, saloon and, or tavern' is ideally located within the
building to serve customers both on a sit-down basis and at the pool -side deck.
• It is found that due to its location wholly within the complex and controlled
accessibility, no foreseeable impact will result to abutting or neighboring properties.
• It is found that appropriate parking provisions have been made. including excess valet
parking, in order to meet the foreseeable needs of the project.
• It is found that appropriate provisions have been made to accommodate the expected
queuing associated with valet services.
• It is found that the driveways provided are appropriate in width -and configuration to
accommodate both stationary vehicles and through traffic without causing any undue
spill -over onto the public right-of-way.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
• It is found that the provision of separate entrances for residential and commercial
parking will improve the operation of the garage.
• It is found that an effort to optimize the operation of the garage, the spaces set aside
for the residential use should be set aside and labeled for the respective units and
segregated from those spaces which will be occupied by the valet parking service,
operated commercially, or made available to the general public.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
Based on these findings, the Department of Planning and Development is
recommending approval of the requested Major Use Special Permit with the
following conditions:
1. The approval of this Major Use Special Permit shall be subject to the
recordation of the following documents prior to the issuance of any building
permits for the proposed project:
Page 3 of4
98- 444
a. Unity of Title or covenant in lieu thereof providing that the ownership,
operation and maintenance of all common areas and facilities will be by
the property owner or a mandatory property owner association in
perpetuity.
b. Development Order specifying that the Development Order runs with the
land and is binding on the Applicant, it successors and assigns, jointly or
severally.
2. The applicant shall submit a parking plan for construction employees and
temporary parking arrangements for the existing building while the new
building is under construction; said parking plan shall be subject to review and
approval by the Department of Planning and Development prior to the issuance
of any building permits.
3. The applicant shall provide plans for proposed sidewalk and swale area
improvements prior to the issuance of a building permit; -said plans shall be
subject to review and approval by the Public Works Department and the
Department of Planning and Development.
4. The subject property shall be replatted, joined through unity of title or covenant
in lieu thereof, prior to the issuance of a building permit.
5. The applicant shall submit revised plans for the garage structure identifying
those spaces set aside for the residential use; those spaces which will be occupied
by the valet parking service, operated commercially, and/or made available to
the general public. Said plans shall also indicate an effective segregation of
residential spaces from commercial spaces.
6. The applicant shall retain the services of an archeological consultant who will be
responsible for conducting archeological monitoring of all ground disturbing
activity, as well as the subsequent recovery of artifacts; said consultant shall
obtain a scope of work from the Miami -Dade County Archeologist and shall
provide reports both to that office and the City of Miami Preservation
Officer.
7. This approval shall also be subject to all additional conditions specified in the
Final Development Order for the project.
Page 4 of =4
9S- 44
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98- 444
RESOLUTION PAB - 39-98
A RESOLUTION RECOMMENDING APPROVAL, OF A MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9,13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE MUTINY CONDOMINIUMS PHASE II
PROJECT, TO BE LOCATED AT APPROXIMATELY 2889 MCFARLANE
ROAD, MIAMI, FLORIDA; TO BE COMPRISED OF A PLANNED UNIT
DEVELOPMENT PROJECT WITH APPLICABLE INCREASED FLOOR
AREA RATIO BONUSES, CONSISTING OF A 211 UNIT
APARTMENT/HOTEL, ACCESSORY FUNCTION AND
COMMERCIAL/RETAIL SPACES AND 700 PARKING SPACES SUBJECT
TO ALL CONDITIONS AS SPECIFIED IN THE DEVELOPMENT ORDER.
HEARING DATE: April 15, 1998
ITEM NO. 8
VOTE: 5-0
ATTES
4Ldes"Slazyk, ssistant or
Department of Planning and
Development
r
98- 444
APPLICATION f , A MAJOR USE SPECIAL PERMI
File dumber MU_ _
It is intended that major use special permits be required where specified -
uses and/or occupancies involve matters deemed to be of citywide or area -Wide
importance.
The City Commission shall be solely responsible for determinations on applica-
tions for major use special permits. (See Article 17) ,
The City Commission shall refer all applications for major use special permits
to the Planning Advisory Board and to the Director of the Department of
Planning, Building and Zoning for recommendations, and may make referrals
to agencies, bodies, or officers, either through the Department of Planning,
Building and Zoning or directly for review, analysis, and/or technical
findings and determinations and reports thereon. (Section 1301.5.)
on behalf of Mutiny on the Bay, Ltd.
1 , Lucia A. Dougherty, , hereby apply to the Director of Planning, Building
and Zoning of the City of Miami for approval of a Major Use Special Permi
under the provisions of Article 17 of the City of Miami Zoning Ordinance.
Address of Property: 2951 S. Bayshore Drive
2889 McFarlane Road
Nature of Proposed Use (Be specific):
Obtainment of Major Use Special Permits, Special Exceptions
and Class I and II permits as per attached Exhibit
,111,.
Preliminary Application
I attach the following in support or explanation of the Preliminary Applica-
tion:
1. Two copies of.a survey of the property prepared by a State of Florida
Reoistered Land Surveyor.
2. Affidavit disclosing ownership of property covered by application and
disclosure of interest form (attach Forms 4-83 and 4a-83 to application.
3. Certified list of owners of real estate within a 375-foot radius from
the outside boundaries of property covered by this application (attach
-- Form 6-E3 to application). -
4. Maps of: (a) existing zoning and (b) adopted comprehensive plan designa-
tions for areas on and around the property covered by this application.
5. General location map, showing relation to the site or activity to major
streets, schools, existing utilities, shopping areas, important physical
features in and adjoining the project, and the like.
6. Concept Plan
(a) Site plan and relevant information. Section 1304.2-1 (d through h).
(b) Relationships to.surrounding existing and proposed future uses, and
activities, systems and facilities (Section 1702.3.2a).
(c) How concept affects existing zoning and adopted comprehensive plan
priEciples and designations; tabulation of any required variances,
special permits, change of zoning or exemptions (Section 1702.3.2b).
i. Developmental Impact Study (an application for development approval: for
a Development of -Regional Impact may substitute).
98-- 444
APPLICATION FOR A MAJOR USE SPECIAL PERMIT (Continued)
8. Other (Be specific):
9. Fee of $30,000 based on Ordinance 10396.
Additional fees for any required special permits, changes of zoning, or
variances shall be in accord with zoning fees as listed in Section 62-61 of
the City Code and Ordinance 10396.
Fee tabulation:
Building(s):
Other (Specify):
'Total: $30 , 000
Final Application -
I attach the following additional information in support or explanation of
VW the final application:
J�
Signature V -) -
Owner or Authorized Agent
Lucia A. Doughtery
Name:Lucia A. Dougherty Address: 1221 Brickell Avenue
City, State, Zip: 33131 Phone: (305) 579-0603.
This application is [ ] approved [ ] denied
in accord with City Commission Resolution Number: -
Other:
2889 McFARLANE ROAD
(LAND HAVING VARIOUS ZONING DESIGNAITON: 0, SD-17,
SD-19, AND SD-2)
THE MUTINY II CONDOMINIUMS
(APARTMENT/HOTEL)
This application encompasses the following four (4) separate request for a MAJOR USE
SPECIAL PERMIT:
• Residential development in excess of 200 units 383 proposed
(Ordinance 11,000 as amended Article 17, Section 1701(1).
• Development with an excess 500 parking spaces (Ordinance
11,000 as amended Article 17, Section 1701(1).
• Increase development bonus contribution to the Affordable
Housing Trust Fund (Ordinance 11,000 as amended Article 17,
Section 1701(8) and Article 9, Section 914).
• Planned Unit Development (Ordinance 11,000 as amended Article
.17, Section 1701(9) and Article 5).
This Major Use Special Permit application incorporate the following Special Exception:
• Bar/saloon and/or tavern (Ordinance 11,000 as amended Article 9,
Section 906.7.3).
• Special Exception for valet service for Hotel/Apartments
(Ordinance 11000 as amended Article 9, Section 917.1.2).
98- 444
2889 McFarlane Road
The Mutiny II Condominium
Page 2 of 2
In addition to the Special Exception required the following Class I(s) and Class II(s) are
included within this application:
• Class I Special Permit for development under the less intense
district (Ordinance 11,000 as amended Article 9, Section 903.1).
• Class II for preservation of natural or archaeological fixtures.
Allowing the reduction of the required 65% of the uses allowed
in Section 602.4.1.1 to preserve the existing grave site.
(Ordinance 11,000 as amended Article 15, Section 1510). _
• Class I for outdoor recreational area including swimming pool
(Ordinance 11,000 as amended Article 9, Section 906.6).
• Class II for a restaurant accessory to residential use with an excess
of 100 dwelling units and/or with compliance with the intentions
and requirements of the "Primary Pedestrian Pathway" on the
subject property (Ordinance 11,000 as amended Article 9, Section
906.7.3 and by Determination of the Planning and Development
Director dated October 23, 1997, Determination number 97-006).
• Class II for development in the SD-17 District (Ordinance 11000
as amended Article 6, Section 617.3).
NOTES:
• Architect agrees the balconies will not encroach more than 3 feet
into the required setback as permitted (Ordinance 11,000 as
amended Article 9, Section 908.3).
• Bonus parking is allowed by Ordinance 11492.
• Offices within the project are for condo use/management only.
�-erC�b�n-ell
March 13, 1998
98-- 444
A F F I D A V I T
STATE OF FLORIDA )
) SS
COUNTY OF DADE )
Before me, the undersigned authority, this day personally appeared
Lucia Dougherty who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
r
Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real
property located in the City of Miami, as described and listed on the pages
attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their full
and complete permission for his to act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(SEAL) �
(Name)
Sworn to and Subscribed before me
this C( day of
Notary Public, State of F"o 'db)a L NOTARY SEAL
L R GONZALEZ
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC4oM67 9 —. /r
ry Commission Expires: MY COMMISSION EXP. SEPT 17,1998 4 4
OWNER'S LIST
ler's Name Mutiny on the Bay, Ltd.
Mailing Address
2951 S. Bayshore Drive, Miami, Florida
Telephone Number 445-9700
Legal Description:
See Attached Exhibit "A".
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
'Wlephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address
None
Street Address
Legal Description
Legal Description
Street Address Legal Description
'7
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See Attached Exhibit "A".
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject mutter of a presentation, request or
petition to the City Commission. Accordingly, question 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
See Attached Exhibit "B"
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question t2, and (b) located within 375 feet of the subject
real property.
None
OWNER OR A ORNE FOR OWNER
Lucia A. Doughertv
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Lucia A. Dougherty , being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question fl,
above; that he has read the foregoing answers and that the sane are true and complete:
and (if acting as attorney for owner) that he has authority to exe ute the Disclosure
of Ownership form on behalf of the owner.
(SEAL) ?<
(Mane)
SWORN TO AND SUBSCRIBED
before r_ this 67
day of Dec. 1997
MY COMMISSION EXPIRES:
Lucia A. Daugherty
444
Notary Public, State of'
V `MARTSOL R GONZALEZ
f NOTARY PUBLIC STATE OF FLOF
COMMISSION NO. CC4036-67
i ti1i COMMISSION EXP._SEPT 17,1
0
Exhibit "A"
LEGAL DESCRIPTION
2951 S. Bayshore Drive
2889 McFarlane Road
SITE I
TRACT "A" SAILBOAT BAY SUBDIVISION AAIE\DED. ACCORDING TO THE PLAT
THEREOF, AS RECORDED 1N PLAT BOOK 96 AT PAGE 85 OF THE PUBLIC RECORDS OF
DADE COUNTY. FLORIDA.
.AND
SITE 2
COMMENCING AT A POST I\9ARKTNG THE SOUTMVEST END OF THE D1VIDI\G LI\E
BETWEEN LANDS OF C.J PEACOCK. SOMETIMES CALLED CH.ARLES PEACOCK .A\D
LAND DESIGNATEDAS LOT 4 OF \fL7\'ROE*S PLAT IN GOA'ER\''ATE\T LOT \0 1 OF
SECTION 21. TOWNSHIP 54 SOUTH. RA\GE 41 EAST. AS RECORDED I\ DEED BOOK D.
PAGE 253 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. THE\CF Rt \ I\ A
SOUTHEASTERLY DIRECTION l 25 FEET ON THE D1VIDT\G LINE BETWEE\ THE
LANDS OF CHARLES PEACOCK AND SAID LOT NO 4. THENCE TN A NORTHEASTERLY
DIREC-TION250 FEcT .%10RE OR LESS TO THE INTERSECTION OF THE LINE DIVIDI\G
THE LANDS OF Vl M D..ALBLRY AND SAID LOT NO 4 AS SHOWN BY SAID RECORDED
PL.A7 IN DEED BOOK D..AT P.AGE_53. DADE COUNTY PUBLIC RECORDS. THENCE
.ALONG SAID LINE OF W.D .AI.BURY PROPERTY I\ .A NORTHNVESTERLY DIRECTIO\
125 FEET. THENCE T\ .A SOUTH"TSTERLY DIRECTIO\ 250 FEET MORE OR LESS TO
THE POINT OF BEGINNING. ENCEPTHT\G THEREFROM A STRIP OF LAND SOLD TO
THE HOL'SEKEEPER'S CLUB OF COCONUT GROVE. MORE PARTICULARLY
DESCRIBED AS FOLLOWS
CONMENCT\G AT THE NORTHEAST CORNER OF THE WHOLE LOT..AS DESCRIBED
ABOVE .AND RUN\I\G THE\CF \ORTH\1`ESTERLI' .ALO\G THE LI\E OF THF. \\ \1 D
ALBLRI' PROPERTI' 125 FEET TO THE NORTFRVEST CORNER OF SAID WHOLE LOT.
THENCE SOUTHRVESTERLY ALONG THE LINE OF THE C J PEACOCK PROPERTI c)( I
FEET. THENCE SOUTHEASTERLY 125 FEET AND THENCE NORTHEASTERLY 60 FEET
TO THE PLACE OF BEGINNING ALONG THE .NORTHWEST END OF SAID WHOLE LOT
WHICH INCLL-DES THE NORTHERLY OR NORTHEASTERLY 60 FEET OF THE .ABOVE
DESCRIBED TRACT. SAID 60 FOOT STRIP ADJOTNING THE SAID LANDS OF W D
ALBURY ABOVE REFERRED TO. ALSO EXCEPTING THAT CERTAIN PARCEL OF LAND
MORE PARTICUL.ARL DESCRIBED INTHAT CERTAIN DEED RECORDED IN DEED
BOOK 785, AT PAGE 280. OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA .A\D
EXCEPTING THAT CERTAIN 7.5 FEET OF LA -D DEEDED TO THE CITY OF MI AMI FOR
STREET PURPOSES UNDER DEED FILED TN CLERKS FILE NL-MBER )'-103230
SACKW% 2 INC. CREENBERC TRAURIC MUTINY 0% THE BAY LTD. THE MUTINY CONDOMINIUMS
•rffiRM J:SDrt1N - 01vr1Br mAjc' 1S lPe A- D-11
..__..__ 9 _ 44.4
16 s 54 ,xhibit "B" 305 665 2914 P.02
Ltd
structufe
00nerd Part1w
Ricardo Dunin 75% Aftler Development, 1.00%
Raul Ealarfe 25% Inc.
2951 S. Beyshore Drive
Coconue Grove, FL 33133
Lknlbd Partners
R3cudo Dunin 100% Ftapler Mutiny Bay. 46.25%
2951 S. Bayshore Drive '
Coconut Grove. FL 33133
Joeeph Horn 100%
Jonas Barcellos
Correa Figho- 600
Flavio Pentagna
Guimaraes 35%
Santos Araujo
Fagundes 5%
Ramon Mac-Crohon 100%
Coconut Or"* day
Mvesirtwont Company
SM Brlckd Key Drive
Suite 305
Miatnl, FlorWa 33131
Mutiny kwoubnent,
ktc
520 Briekeil Kay Drive
Suft 305
Mlarttl, Florida 33131
D. L.egoon
COrporstion
520 BrickeN Key Drive
Suite 305
Miami, Florida 33131
UMverad Irtvestors amup
Inc.
PO Box 1990
San Juan, PR 00902 1
Total Partnership %
A>i othw parties own Ion than a 5% interest In Om partnership
21.00%
7.00%
9.90%
7.04%
02.19%
Mutiny on The Bay
Ltd.
2951 S. Boyshore Drive
Coconut Grove, FL 33133
98- 444
TOTAL P.02
PROJECT SUMMARY FOR THE MUTINY CONDOMINIUMS
DECEMBER, 1997
REV. FEBRUARY 1998
The Following data summarizes the maximum development allowed at the Mutiny 11
Condominiums, pursuant to O (Office District) Zoning Guidelines with SD-19, SD-17 & SD-2
overlays. (O / SD-19 Determined by City of Miami Planning Dept. as overriding overlay).
A. DEVELOPMENT POTENTIAL
l Street Frontage: South Bayshore Drive: 170 43' L.F
Mc Farlane Road- 215.00' L_F.
2. Net Lot .Area (Phase 1 & Phase II): 111,230 S.F (2.5535 acres)
3 Gross Lot Area (Phase I & Phase II): 154,370 S.F 0) >44 acres)
4 Base F.A.R. Permitted: 1.20
5 Additional F.A.R. fir P.U.D. Bonus Permitted (20% Increase): 24
Additional F.A.R. for P.U.D. Bonus Provided (20% Increase): 24
6. Additional F.A.R. for .Affordable Housing Fund Permitted (25% Increase): .300
Additional F.A.R. for Affordable Housing Fund Provided (25% Increase) .300
7 Total F.A.R. Permitted (w/ bonuses):
Total F.A.R. Provided (w/ bonuses):
1.740
1.740
8. Maximum Development Area Permitted (w/ bonuses): 334,403.80 S.F.
with Parking Ordinance (188 Spaces x 350 sT/Space = 65,800 s.f )
9. Maximum Development Area Provided:
Existing Mutiny Condominiums - Phase I:
Proposed Mutiny Condominiums - Phase II
Total
10 Open Space Required (l 5% Gross Lot Area) (Ph 1 & Ph II):
1 1 Open Space Provided (15.2%) (Ph I& Ph II).
12 Maximum Building Footprint Permitted (40%) (Ph I & Ph II)
SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD.
vchne , attonxy owner
141,373.00 S.F.
188,476.00 S.F.
329,849.00 S.F.
23,156 S F_
23,494 S.F
61,748 S.F.
98 - 444
THE MUTINY CONDOMINIUMS
malty use spew) perm,
The Mutiny Condominiums
Project Summary
Page 2
13 Building Footprint Provided (34.1%
Existing Mutiny Condominiums - Phase I:
14,082 S.F.
Proposed Mutiny Condominiums - Phase II:
38,578 S.F.
Total
52,660 S.F.
14. Required Set Backs by City of Miami:
Required
Provided
* Front (South Bayshore Drive): 20'-0"
20'-0"
* Side Street (McFarlane Road): 15'-0"
15'-0"
* Side 10'-01,
10'-0" min.
Side 10'-01,
10'-0" min.
Max. Allowed
Provided
* Building Height 220'-0"(w/Class I Approval) 218'-1"**
(22 Stories)
(21 Stories)
* * (from South Bayshore Drive Crown of Road)
B. BUILDING AREA COMPUTATIONS
1. *Total Gross Area (Excluding Balconies)
361,682.60 S.F.
Existing Mutiny Condominiums - Phase I:
159,638.60 S.F.
Proposed Mutiny Condominiums - Phase II:
202 044.00 S.F.
2. Total Gross Area (Including Balconies)
409,958.60 S.F.
Existing Mutiny Condominiums - Phase I:
175,019.60 S.F.
Proposed Mutiny Condominiums - Phase Il
234,939.00 S.F.
3 **Total Net Residential Area (Excluding Balconies)
329,849,00 S.F.
Existing Mutiny Condominiums - Phase 1:
141,373.00 S.F.
Proposed Mutiny Condominiums - Phase II:
188,476.00 S.F.
98- 444
## SACKMAN 2 INC
amhitect
GREENBERG TRAURIG MUTINY ON THE BAY LTD.
attvney 0-W
THE MUTINY CONDOMINIUMS
m Iof *ae specW pent*
The Mutiny Condominiums
Project Summary
Page 3
Does Not Include The Following:
Circulation 40,062 S.F.
Existing Mutiny Condominiums - Phase I: 21,202 S.F.
Proposed Mutiny Condominiums - Phase II 18,860 S.F.
Support Services 9,859 S.F.
Existing Mutiny, Condominiums - Phase 1: 3,950 S.F.
Proposed Mutiny Condominiums - Phase II: 5,909 S.F.
Balconies 48,276 S.F.
Existing Mutiny Condominiums Phase l: 15,381 S.F.
Proposed Mutiny Condominiums - Phase II: 32,895 S.F.
Lobby 2,505 S.F.
Existing Mutiny Condominiums - Phase I 1,344 S.F.
Proposed Mutiny Condominiums - Phase Il: 1,161 S.F.
Fitness Center 4,367 S.F.
Existing Mu :ny Condominiums - Phase I: 880 S.F.
Proposed Mutiny Condominiums - Phase II: 3,487 S.F.
Business Center / Cafe 4,388 S.F.
Existing Mutiny Condominiums - Phase I: 2,020 S.F.
Proposed Mutiny Condominiums - Phase II: 2,368 S.F.
98- 444
SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD.
ardsitea attorney owtser
THE MUTINY CONDOMINIUMS
major use special permt
The Mutiny Condominiums
Project Summary
Page 4
4 Total Number of Residential Units:
383
5. Apartment Breakdq;vn:
Parking Spaces Required.
(01%) 3 Bedrooms
4 Units x 2= 8 Spaces
Existing Mutiny Condominiums - Phase I:
2 Units x 2 = 4 Spaces
Proposed Mutiny Condominiums - Phase IL
2 Units x 2 = 4 Spaces
(19%) 2 Bedrooms
65 Units x 2 = 130 Spaces
Existing Mutiny Condominiums - Phase 1
40 Units x 2 = 80 Spaces
Proposed Mutiny Condominiums - Phase I1:
25 Units x 2 = 50 Spaces
(61%) 1 Bedrooms
255 Units x 1 = 255 Spaces
Existing Mutiny Condominiums - Phase I:
130 Units x 1 = 130 Spaces
Proposed Mi,itiny Condominiums - Phase I1:
125 Units x 1 = 125 Spaces
(19%) Studios .
72 Units x I = 72 Spaces
Existing Mutiny Condominiums - Phase I:
0 Units x 1 = 0 Spaces
Proposed Mutiny Condominiums - Phase II
72 Units x 1 = 72 Spaces
Totals:
396 Units 465 Spaces
Note: Developer commitment to limit the density to 211 Units
for Phase II through the creation of combination units
6. Total S.F. of Commercial (Phase 1 & Phase I1)
6,692 S.F.
Total S.F. of Business Center (Phase 1 & Phase Il)
3,467 S.F.
7. Total Gross S.F. for Parking Garage (9 Floors)
344,554 S.F.
8, Total Number of Pal king Spaces Required:
693 Parking Spaces
Existing Mutiny Condominiums - Phase I:
232 Spaces
Proposed Mutiny Condominiums - Phase II:
273 Spaces
Parking F.A.R. Bonus:
188 Spaces
9. Total Number of Parking Spaces Provided:
705 Parking Spaces
10. Excess Parking:
12 Parking Spaces
98- 444
SACKMAN 2 INC GREENBERG TRAURIG MUnNY ON THE BAY LTD.
THE MUTINY CONDOMINIUMS
ardsiteR am-ey owsw
major v spe .1 perms
The Mutiny Condominiums
Project Summary
Page 5
The Mutiny I1 Condominiums consists of 21 Stories, 12 typical residential floors (90i thru 20"'),
consisting of 18 units per floor. The 8°i floor, which is the Recreational Deck, consists of a Fitness
Center, Business Center, Offices, the Pooi and its surrounding amenities. The 21" Floor, the
Penthouse Level, consists of 8 units. There are 9 levels of parking, 2 of these levels are
underground parking. The Ground Level contains the Lobby and Commercial Spaces.
* Calculated from the exterior face of all exterior walls, includes mechanical, custodial, stairs, shafts and elevator hoist ways.
** Calculated from the exterior face of exterior walls and to center line of common walls
SACKMAN 2 INC GREENBERG TRAURIG MUTINY ON THE BAY LTD.
aidwea attc-ey wrier
98-- 444
THE MUTINY CONDOMINIUMS
males tat fpeaal Pe t
ZONING FACT SHEET
Case Number: 1998-0083 30-Mar-98 Item No: 1
Location
Legal:
Applicant:
Zoning:
2889 McFarlane Rd. & 2951 S. Bayshore Dr.
(Complete legal description on file with the Office of Hearing Boards)
Mutiny on the Bay, Ltd.
2951 S. Bayshore Drive
Lucia A. Dougherty, Esq.
1221 Brickell Avenue
Miami, FL 33133 Miami, FL 33131
App. Ph: (305) 445-9700 Rep. Ph: (305) 579-0683 ext
Rep. Fa ext
O Office
SD-17 South Bay Shore Drive Overlay District
SD-19 Designated F.A.R. Overlay District
SD-2 Coconut Grove Central Commercial District
Request: Special Exception as part of a Major Use Special Permit for the Mutiny II
Condominiums, listed in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Article 9, Section 906.7.3, Accessory convenience
establishment; uses permitted, to allow a Bar/Saloon and/or Tavern. Continued
from Zoning Board Hearing of February 2, 1998, March 2, 1998 and March 16, 1998.
Recommendations:
Planning and Development: Approval
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: Illegal office trailer.
Ticketing Action: Complaint # 9718900; Ticket warning letter sent on 11/10/97; Status:
Open/Non-Compliance; For the address: 2889 McFarlane Rd.
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on: Comply Order by:
CEB Action:
History: Continued from Zoning Board Hearing of February 2, 1998.
Analysis: Please sire attached.
Zoning Board Resolution No: ZB 1998-0041
Zoning Board: Approval with conditions
Vote: 7-0
98- 444
ANALYSIS FOR SPECIAL EXCEPTION
THE MUTINY - PHASE II
2889 MCFARLANE ROAD AND 2951 SOUTH BAYSHORE DRIVE
CASE No.
1998-0083
Pursuant to Article 9, Section 906.7.3 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida; the subject application for a Special Exception
as part of a Major Use Special Permit to allow a Bar/Saloon/Tavern as part of an
apartment and hotel building has been reviewed as follows:
The following findings have been made:
• It is found that the proposed "bar / saloon and/or tavern" use is located wholly within
the proposed building and will cater mainly to its residents and guests.
• It is found that the parking demand generated by this use will be moderate for it will
largely coincide with the demand calculated for the principal uses.
• It is found that appropriate parking provisions have been made which can
accommodate additional parking demand generated by the proposed "bar, saloon
and/or tavern" use.
• It is found that the proposed "bar, saloon and/or tavern" is conveniently located in the
building's base or pedestal component thus rendering access easy and convenient for
residents and guests alike.
• It is found that the proposed "bar, saloon and/or tavern" is ideally located within the
building to serve customers both on a sit-down basis and at the pool -side deck.
• It is found that due to its location wholly within the complex and controlled
accessibility, no foreseeable impact will result to abutting or neighboring properties.
Based on these findings, the Department Planning and Development hereby
recommends approval of the subject application as submitted, subject to the plans
and supporting materials submitted by the applicant.
98r
444
Miami Zoning Board
Resolution: ZB 1998-0041
Monday, March 30,1998
Ms Ileana Hernandez -Acosta offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION
OF THE SPECIAL EXCEPTION AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE MUTINY II
CONDOMINIUMS, LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 9, SECTION 906.7.3, ACCESSORY CONVENIENCE
ESTABLISHMENT; USES PERMITTED, TO ALLOW A BAR/SALOON AND/OR TAVERN FOR THE
PROPERTY LOCATED AT 2889 McFARLANE ROAD AND 2951 SOUTH BAYSHORE DRIVE
LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED; ZONED O OFFICE, SD-17 SOUTH
BAY SHORE DRIVE OVERLAY DISTRICT, SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT AND
SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. THIS SPECIAL EXCEPTION WAS
RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS ON FILE WITH A
TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED AND IT IS SUBJECT TO ALL THE CONDITIONS AS SPECIFIED IN THE
DEVELOPMENT ORDER.
Upon being seconded by Mr. Osvaldo Moran-Ribeaux,
the motion was passed and adopted by the following vote:
Mr. George Barket Yes
Ms. Gloria M. Basila Yes
Mr. Tucker Gibbs Abst
Ms. Ileana Hemandez-Acosta Yes
Ms. Christine Morales Yes
Mr. Osvaldo Moran-Ribeaux Yes
Mr. Paris A. Obregon Yes
Mr. Humberto J. Pellon Away
Mr. Juvenal Pins Yes
AYE: 7
NAY: 0
ABSTENTIONS: 1
NO VOTES: 0
ABSENTS: I
Ms. Fernandez: Motion carries 7-0
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0083 Item Nbr: 1
98- 444
Exhibit "A"
,W
LEGAL DESCRIPTION
2951 S. Bayshore Drive
2889 McFarlane Road
SITE I
TRACT "A" SAILBOAT BAY SUBDIVISION AA')E\DED. ACCORDING TO THE PLAT
THEREOF, AS RECORDED 1N PLAT BOOK 96 AT PAGE 85 OF THE PUBLIC RECORDS OF
DADE COt:\T1'. FLORIDA.
AND
SITE 2
CO\1AtENCI\G .AT A POST MARKING THE SOUTI-RVEST END OF THE DIVIDI\G LINE
BETWEEN L.A\-DS OF C.J PEACOCK. SOMETIMES CALLED CHARLES PEACOCK .AND
LAN-D DESIGNATED .AS LOT 4 OF \1t7NROE'S PLAT IN GO\'ER\"\1E\T LOT \O 1 OF
SECTION 21. TOWNSHIP 54 SOUTH. RA\GE 41 EAST. AS RECORDED I\ DEED BOOK D.
PAGE '-";; OF THE PL.BLIC RECORDS OF D.ADE COUNTY. FLORIDA. THE\CF Rt \ 1\ A
SOUTHEASTERLY DIRECTION 125 FEET ON THE DIVIDING LINE BETWEEN THE
L.A\`DS OF CHARLES PEACOCK AND SAID LOT NO 4_ THENCE IN .A NORTHEASTERLY
DIREC710\ 250 FELT \10RE OR LESS TO THE INTERSECTION OF THE LINE D1\'IDI\G
THE LANDS OF X' M D. AL.BLRY AND SAID LOT N0.4 AS SHOWN BY SAID RECORDED
PLAT 1N DEED BOOK D. AT PAGE 253. D.ADE COUNTY PUBLIC RECORDS. THENCE
.ALONG SAID LINE OF %V.D .-U.BURY PROPERTY I\ A NORTHNN'ESTERLI' DIRECTIO\
125 FEET. THENCE I\ A SOUTHWESTERLY DIRECTION 250 FEET \10RE OR LESS TO
THE POINT OF BEGINNING. EXCEPTHI\G THEREFROM A STRIP OF LAND SOLD TO
THE HOUSEKEEPER'S CLUB OF COCONUT GROVE. \10RE PARTICULARLY
DESCRIBED AS FOLLOWS
CO\1\1ENCI\G AT THE NORTHEAST CORNER OF THE WHOLE LOT. AS DESCRIBED
ABOVE .A\D RUN\]\G THENCE \ORTH\I'ESTERLY ALO\G THE LI\E OF THF. \V\1 D
\LBLRI' PROPERTY 125 FEET TO THE NORTHWEST CORNER OF SAID WHOLE LOT.
THE\CE SOUTH VESTERLY ALONG THE LINE OF THE C J PEACOCK PROPERTY c,1_I
FEET. THENCE SOUTHEASTERLY 125 FEET AND THENCE \ORTHEASTERLY 60 FEET
TO THE PLACE OF BEGINNING ALONG THE NORTHI%`EST END OF SAID WHOLE LOT
WHICH I\CLL"DES THE NORTHERLY OR NORTHEASTERLY' 60 FEET OF THE .ABOVE
DESCRIBED TRACT. SAID 60 FOOT STRIP .ADJOINING THE SAID LANDS OF W D
ALBL'RY ABOVE REFERRED TO. ALSO EXCEPTING THAT CERTAIN PARCEL OF LAND
MORE PARTICULARL DESCRIBED I\ THAT CERT.AI\ DEED RECORDED INDEED
BOOK 785, AT PAGE 280. OF THE PLBLIC RECORDS OF D.ADE COL"NTY'. FLORID.A .A\D
EXCEPTING THAT CERTAIN 7.5 FEET OF LAB\D DEEDED TO THE CITY OF MI AMI FOR
STREET PURPOSES LN-DER DEED FILED IN CLERKS FILE NLAIBER Y'-103230
SACKMAN 2 INC. GREENBERC TRAURIG MUTINY ON THE BAY LTD.
,rciv;ect r-iome. p.M.
THE MUT11Y CONDOMINIUMS
mAjp- use spear pw-
444
ZONING BOARD ACTION' SPECIAL EXCEPTION
I move that the request on Agenda Item # ! be (DENIED)
(GRANTED) in that the requirements of Article 16 (WERE) (WERE
NOT) satisfied by relevant evidence in the record of the public hearing.
' (was stated in the City's findings of fact, or
(b) as demonstrated by the petitioner, or
(c) on the basis of the following:
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 2305, (HAVE) (HAVE NOT) been met.
(CIRCLE APPROPRIATE CONDITIONS)
1305.1 Ingress and Egress.
Due consideration shall be given to adequacy 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 emergency.
1305.2 Offstreet Parking and Loading.
Due 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, arrangement in relation to access in case of fire or other
emergency, and screening and landscaping.
1305.3 Refuse and Service Areas.
Due consideration shall be given to the location, scale, design, and
screening of refuse and service areas to the manner 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 the location
and nature of uses on adjoining properties and to the location and
character of adjoining public ways.
1305.4 Signs and Lighting.
Due consideration shall be given to the number, size, character,
location, and orientation of proposed signs, and of proposed lighting for
signs and premises, with particular reference to traffic safety, glare, and
compatibility and harmony with adjoining and nearby property and the
character of the area.
WM
1305.5 Utilities.
Due consideration shall be given to utilities required, with particular
reference to 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 Drainage
Due consideration shall be given for drainage, with particular reference
to effect on adjoining and nearby properties and on general drainage
systems in the area. Where 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 remedial measures.
1305.7 Preservation of Natural Features.
Due consideration shall be given to provision for the preservation of
existing vegetation and geological features whenever possible.
1305.8 Control of Potentially Adverse Effects Generally.
In addition to consideration of detailed elements indicated above, as
appropriate to the particular class or kind of special permit and the
circumstances of the particular case, due consideration shall be given to
potentially gdverse effects generally on adjoining and nearby properties,
the area, the neighborhood, or the City, of use or occupancy as proposed,
or its location, construction, design, character, scale or manner of
operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures appropriate in
the particular circumstances of the case, including screening or buffering,
landscaping, control of manner or hours of operation, alteration of use of
such space, or such other measures as are required to assure that such
potential adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of nearby
property.
Signature
-
Agenda Item
Date
98- 444
r ZONING FACT SHEET
16COA6 96Ila
ATE0 Q
Q
Case Number: 1998-0' 07 13-Apr-98 Item No: 1
Location: 2889 McFarlane Rd. & 2951 S. Bayshore Dr.
Legal: (Complete legal description on file with the Office of Hearing Boards)
Applicant: Mutiny on the Bay, Ltd. Lucia S. Dougherty, Esq.
2951 S. Bayshore Drive 1221 Brickell Avenue
Miami, FL 33133 Miami, FL 33131
App. Ph: (305) 445-9700 Rep. Ph: (305) 579-0683 ext
Rep. Fa ( ) = ext
Zoning: O Office
SD-17 South Bay Shore Drive Overlay District
SD-19 Designated F.A.R. Overlay District
SD-2 Coconut Grove Central Commercial District
Request: Special Exception as part of a Major Use Special Permit for the Mutiny II
Condominiums, listed in Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Article 9, Section 917.1.2, Valet Parking, generally, to allow
valet service for Hotel/Apartments..
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: NIA
Violation(s) Cited: N/A
Ticketing Action: N/A
Daily Fine: $0.00 Affidavit Non -Compliance Issued on:
Warning Letter sent on:
Total Fines to Date: $0.00 Lien Recorded on:
CEB Action:
History:
Analysis: Please see attached.
Zoning Board Resolution No: ZB 1998-0044
Zoning Board: Approval
Comply Order by:
Vote: 7-0
98- 444
ANALYSIS FOR SPECIAL EXCEPTION
THE MUTINY - PHASE II
2889 MCFARLANE ROAD AND 2951 SOUTH BAYSHORE DRIVE
CASE NO.
1998-0107
Pursuant to Article 9, Section 917.1.2 of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida; the subject application for a Special Exception
as part of a Major Use Special Permit to allow a valet parking service as part of an
apartment and hotel building has been reviewed as follows:
The following findings have been made:
• It is found that appropriate parking provisions have been made, including excess valet
parking, in order to meet the foreseeable needs of the project.
• It is found that appropriate provisions have been made to accommodate the expected
queuing associated with valet services.
• It is found that the driveways provided are appropriate in width and configuration to
accommodate both stationary vehicles and through traffic without causing any undue
spill -over onto the public right-of-way.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
• It is found that the provision of separate entrances for residential and commercial
parking will improve the operation of the garage.
• It is found that an effort to optimize the operation of the garage, the spaces set aside
for the residential use should be set aside and labeled for the respective units and
segregated from those spaces which will be occupied by the valet parking service,
operated commercially, or made available to the general public.
Based on these findings, the Department Planning and Development hereby
recommends approval of the subject application, subject to the following condition:
I. The applicant shall submit revised plans for the garage structure identifying those
spaces set aside for the residential use; those spaces which will be occupied by the
valet parking service, operated commercially, and/or made available to the general
public. Said plans shall also indicate an effective segregation of residential spaces
from commercial spaces.
c 98-- 444
Miami Zoning Board
Resolution: ZB 1998-0044
Monday, April 13,1998
Mr. Osvaldo . Moran-Ribeaux offered the following Resolution and move
its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000,
THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS PART OF A MAJOR USE
SPECIAL PERMIT FOR THE MUTINY II CONDOMINIUMS, AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 9, SECTION 917.1.2,
VALET PARKING, GENERALLY, TO ALLOW VALET SERVICE FOR HOTEL/APARTMENTS FOR
THE PROPERTY LOCATED AT 2889 McFARLANE ROAD AND 2951 SOUTH-BAYSHORE DRIVE
LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED. THIS SPECIAL EXCEPTION WAS
GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY-FOUR MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. Paris A. Obregon,
the motion was passed and adopted by the following vote:
Mr. George Barket
Yes
Ms. Gloria M. Basila
Away
Mr. Tucker Gibbs
Abst
Ms. Ileana Hernandez -Acosta
Yes
Ms. Christine Morales
Yes
Mr. Osvaldo Moran-Ribeaux
Yes
Mr. Paris A. Obregon
Yes
Mr. Humberto J. Pellon
Yes
Mr. Juvenal Pina
Yes
Ms. Fernandez: Motion carries 7-0
AYE: 7
NAY: 0
ABSTENTIONS: 1
NO VOTES: 0
ABSENTS: 1
Teresita L. Fernandez, Chief
Office of Hearing Boards
Case No.: 1998-0107 Item Nbr: 1
98-- 444
Exhibit "A"
.Iw
LEGAL DESCRIPTION
2951 S. Bayshore Drive
2889 McFarlane Road
SITE 1
TRACT "A" SAILBOAT BAY SUBDIVISION AMENDED. ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 96 AT PAGE 85 OF THE PUBLIC RECORDS OF
DADE COL7NTY. FLORIDA.
AND
SITE 2
COVEN ENCING .AT A POSTMARKING THE SOUTFRVEST END OF THE DIVIDI\G LINE
BETWEEN LA'S-DS OF C.J. PEACOCK: SOM-1TIN11S CALLED CHARLES PEACOCK .A\D
LAND DESIGNATED .AS LOT 4 OF N L7\ROE'S PLAT IN GONTRNATENT LOT \0 1 OF
SECTION 2l. TOW"NSHIP 54 SOUTH, RANGE 41 EAST. AS RECORDED I\ DEED BOOK D.
PAGE_; OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA- THEICF RC*\ I\ .A
SOUTHEASTERLY DIRECTION 125 FEET ON THE DIVIDING LINE BETWEE\ THE
LANDS OF CHARLES PEACOCK AND SAID LOT NOA.- THENCE TN A NORTHEASTERLY
DIREC-1 ION 250 FEET �90RE OR LESS TO THE INTERSECTION OF THE LINE DIVIDING
THE LANDS OF XVX1. D. ALBURY AND SAID LOT NO 4 AS SHOWN BY SAID RECORDED
PLAT IN DEED BOOK D. AT PAGE 253. DADE COUNTY PUBLIC RECORDS. THENCE
ALONG SAID LINE OF W.D AI.BL'R)' PROPERTY IN .A \ORTHNVESTERLY DIRECTION
125 FEET. THENCE IN A SOUTHWESTERLY DIRECTION 250 FEET MORE OR LESS TO
THE POINT OF BEGINNING. EXCEPTHING THEREFROM A STRIP OF LAND SOLD TO
THE HOUSEKEEPER'S CLUB OF COCONUT GROVE_ MORE PARTICULARLY
DESCRIBED AS FOLLOWS
CONI\IE\CiNG AT THE NORTHEAST CORNER QF THE WHOLE LOT. AS DESCRIBED
ABOVE .AND RUNNING THE\CF NORTI- VESTERLY .ALONG THE L1\E OF THF. \\ \1 D
ALBURY PROPERTY 125 FEET TO THE NORTHWEST CORNER OF SAID WHOLE LOT.
THENCE SOUTHWESTERLY .ALONG THE LINE OF THE C J PEACOCK PROPERTY ou
FEET. THENCE SOUTHEASTERLY 125 FEET AND THENCE NORTHEASTERLY 60 FEET
TO THE PLACE OF BEGINNING ALONG THE NORTHWEST END OF -SAID WHOLE LOT
WHICH INCLUDES THE NORTHERLY OR NORTHEASTERLY 60 FEET OF THE .ABOVE
DESCRIBED TRACT. SAID 60 FOOT STRIP ADJOINING THE SAID LANDS OF W D
ALBLRY ABOVE REFERRED TO. ALSO EXCEPTING THAT CERT.AI\ PARCEL OF LAND
MORE PARTICULARL DESCRIBED IN THAT CERTAIN DEED RECORDED INDEED
BOOK 785, AT PAGE 280. OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA .AND
EXCEPTING THAT CERTAIN 7.5 FEET OF LAND DEEDED TO THE CITY OF MI.AMI FOR
STREET PURPOSES UNDER DEED FILED IN CLERK'S FILE N"L-\1BER Y-103230
0309AA
SACKMAN 2 INC.
archnect
GREENBERG TRAURIC MUTINY ON THE BAY LTD.
a^omen 0-1w
THE MUTINY CONDOMINIU.ti1S
male. use spe r Pnm
ZONING BOARD ACTION F- � SPECIAL EXCEPTION
I move that the request on Agenda Item # I be (DENIED)
(GRANTED) in that the requirements of Article 16 (WERE) (WERE
NOT) satisfied by relevant evidence in the record of the public hearing.
as stated in the City's findings of fact, or
6' - demonstrated by the petitioner, or
(c) on the basis of the following:
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 2305, (HAVE) (HAVE NOT) been met.
(CIRCLE APPROPRIATE CONDITIONS)
1305. In �ess and�Ess-
Due*9R&1-48;atMn shall be given to adequacy 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 emergency.
I-- -
Offstreet Parking and Loading.
Due consi era - ' en 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, arrangement in relation to access in case of fire or other
emergency, and screening and landscaping.
1305.3 Refuse.and Service Areas.
Due consideration shall be given to the location, scale, design, and
screening of refuse and service areas to the manner 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 the location
and nature of uses on adjoining properties and to the location and
character of adjoining public ways.
1305.4 Signs and Lighting.
Due consideration shall be given to the number, size, character,
location, and orientation of proposed signs, and of proposed lighting for
signs and premises, with particular reference to traffic safety, glare, and
compatibility and harmony with adjoining and nearby property and the
character of the area.
-- 444
1305.5 Utilities.
Due onsideration shall be given to utilities required, with particular
reference to 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.
I mot Drainage
Due consideration shall be given for drainage, with particular reference
to effect on adjoining and nearby properties and on general drainage
systems in the area. Where 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 remedial measures.
1305.7 Preservation of Natural Features.
e
Due consideration shall be given to provision for the preservation of
existing vegetation and geological features whenever possible.
1305.8 O'ontrol of Potentially Adverse Effects
In addition to consideration of detailed elements indicated above, as
appropriate to the particular class or kind of special permit and the
circumstances of the particular case, due consideration shall be given to
potentially adverse effects generally on adjoining and nearby properties,
the area, the neighborhood, or the City, of use or occupancy as proposed,
or its location, construction, design, character, scale or manner of
operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures appropriate in
the particular circumstances of the case, including screening or buffering,
landscaping, control of manner or hours of operation, alteration of use of
such space, or such other measures as are required to assure that such
potential adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of nearby
property.
Signature
-*►
Agenda Item
&4
Date
98- 444.
CITY OF NIIAMI
OFFICE OF HEARING BOARDS
APPLICATION FOR SPECIAL EXCEPTION
sssrrssssrrss»rrar»sssss»ssssssssstssssssrstssrrssrstsssstsststsstrssttsstsssrs»srr»sarrr»s»r»rr
SECTION 2-653 OF THE CODE OF THE CITY OF NUAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES
ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING
LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN
LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A
COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL),
LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133.
sssssssssrstsassrsssrsssrrssttsttsssrssssrtsssssssssssttsssssssttssstsssssssarsssssr»ssars»»rrr»
NOTE: THIS APPLICATION MUST BE `f ,'PEWF n T..'I AND SIGNED IN BLACK INK
Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies
specified in this ordinance are of a nature requiring special and intensive review to determine whether
or not they should be permitted in specific locations, and if so, the special limitations, conditions, and
safeguards which should be applied as reasonably necessary promote the general purposes of this
Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from
avoidable potentially adverse effects. It is further intended that the expertise and judgment of the
Zoning Board be exercised in making such determinations, in accordance with the rules, considerations
and limitations relating to Special Exceptions (see Article 16 of the Zoning Ordinance).
Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be
solely responsible for determinations on applications for Special Exceptions except when otherwise
provided for in the City Code. All applications shall be referred to the Director of the Department
Planning and Development for his recommendations and the Director shall make any further referrals
required by these regulations.
I�Lucia A. Dougherty, on behalf of Mu inv on the Bay Ltd.
hereby app y to the City of Miami Zoning Board for
approval of a Special Exception for the property located at 2 9 51 S. B a y s h o r e D r. and 7889 M c F a r l a n e
folio number . Nature of Proposed Use (please be
specific):
Bar to be located in a restaurant and open to the public.
In support of this application, the following material is submitted.
x 1. Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one
year from the date of application.
X 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing
(as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc.;
building elevations and dimensions and computations of lot area and building spacing.
98-- 444
X
3. Affidavits disclosing ownership of property covered by applications and disclosure of interest from (attached
to application). -
X 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property covered
by the application.
X 5. At least two photographs that show the entire property (land and improvements).
X 6. Recorded warranty deed and tax forms for the most current year available that show the present owner(s) of
the property.
X 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this
application).
MUSP Application
x 8. Fee of $ - 0 - to apply toward the cost of processing according to Section 62-156 of the
Zoning. Ordinance:
SpecialException...............................................................................................$ 800.00
Special Exception requiring automatic city commission review.......................$2,000.00
Extension of time for special exception.............................................................$ 500.00
Public hearing mail notice fees, including cost of
handling and mailing per notice.........................................................................$ 3.50
Surcharge equal to applicable fee from item above, not to exceed eight hundred
dollars ($800.00) except from agencies of the city; such surcharge to be refunded
to the applicant if there is no appeal from a property owner within three hundred
and seventy-five (375) feet of the subject property.
Signature
Name Lucia A. Dougherty, Esq.
Address 1221 Brickell Avenue
Miami, Florida 33131
Telephone (3 0 5) 5 7 9- 0 6 0 3
Date
E
98- 4*44
STATE OF FLORIDA
COUNTY OF .MIAMI-DADS
The foregoing instrument was acknowledged before me this day of
1991, by Lucia A. Dougherty, Esq. who is personally known to me of-w to fray
produced as-idacatiottand who did (did not) take an oath.
Names
Notary Public- IOTA Y SEAL
�{ARISOL GONZALEZ
Commission
ti ARY pLBLIC STATE OF FI.ORI A
ISSIO�
My Commissl CX�(j1pSdti0_ CC40. 6i
�,Iw CUNfMtSSIU` 6Xt' SFI''i''•'.1'
**r,r+t#*e###*#r*#*#t##,►#�,t*#*#f##;#�*t#*�f#*,►1r####+t####+t####A#########11####**###,tr##w#*r,t,t*�+t,t*w•
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
He/She is personally known to me or has produced
and who did (did not) take an oath.
The foregoing instrument was acknowledged before me this day of
19 , by of
corporation, on behalf of the corporation.
as identification
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
The foregoing instrument was acknowledged before me this day of
19 b
y partner (or agent) on behalf of
a partnership. He/She is personally known to me or who has
produced as identification and who did (did not) take an oath.
Name:
Notary Public -State of Florida
Commission No.:
My Commission Expires:
e 98- 444
DtC-17-97 05:23 PM
P. 02
nrr. I 11UUJ'J
REC,
This instrument prepared by:
Brian P. Tague, Esquire
Tew & Beasley, L.L.P.
201 South Biscayne Boulevard
Suite 2600
Miami, FL 33131
(305) 536-1 1 l 2
Folio No. 01-41210390030
D'UCSTPDEE 12.606.00 SURTX 9,450.00
HARVEY RUVINY CLERK DADEE COUNTY, FL
This space reswz,ed,Jor recording infnrmarion
TINS 1NDLNTI.IRE, made this ( day of September, 1997, by MURRY
DIAMOND, a single man ("Grantor"), having an address of 5149 S.W. 71 Place, Miami, Florida
33155, in favor of MUTINY ON THE BAY, LTD., a Florida limited partnership, whose address
is 2951 South Bayshore Drive, Miami, Florida 33133 ("Grantee"):
WITNESSETH THAT:
Grantor, for and inconsideration of the sum of Ten and No/ 100 U.S. Dollars ($10.00),
lawful money of the United States of America, to it in hand paid by Grantee, at or before the
unsealing and delivery of these presents, the receipt of which is hereby acknowledged, has
granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these
presents does grant, bargain, sell, alien, remise, release, convey and confirm unto Grantee and its
successors and assigns forever, the parcel of land, situate, lying and being in the County or Dade,
State of Florida, and more particularly described on the attached Lxhibit A (the 'Property").
Subject however, to:
(a) real property taxes and assessments for the year 1997 and therealler;
(b) matters appearing on the Plat affecting the Property;
(c) public utility casements of record;
(d) conditions, limitations of record and casen-ent;;
(e) zoning and other regulatory laws and ordinances affecting the Property;
(f) matters which do not render title uninsurable;
(g) Right of Way Easement to Southern Bell and Telephone Co., filed
September 5, 1972 in Official Records Book 7875, at Past 649;
(h) Reservation of 5 feet wide strip for an alley way along Northwest end of
Lot, reserved in Deed filed October 30, 1917 in Deed Hook 173, at Page
148;
(i) All matters as shown on the Plat u1'MUNTROE PLAT, recorded in Plat
Book A, at Page 51; and
9$- 44�
12/17/97 17:31
DEC-17-97 05:24 PM P.03
(j) All matters of survey reflected on that certain survey prepared by 131.5cap'7 e,
E►, jmct.ri, Co • dated _ under project no. DLi -
NOTE. All of the recording information contained herein refers to the Public
Records of Dade County, Florida, unless otherwise indicated.
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging car in any way appertaining.
TO HAVE AND *ro HOLD the same in fee simple forever.
AND Grantor hereby specially warrants the title to the Property and will defend the same
against the lawful claims of any persons claiming by, through or under Grantor, but against none
other.
The Property is being conveyed AS -IS, WHEREAS AND WIT11 ALL FAULTS.
IN WlTNF.SS WIIEKEOF, Grantor has caused these presents to be executed the day and
year first above written.
Signed, Sealed and Delivered
in the preLnce of:Si nature kv,
Print Name. (Xtnri �r Icy Name: Murry:�7iamond
Signature: __•.,
Print Na
STATE OF FLORIDA }
) SS.
COUNTY OF DADF. )
The foregoing instrument was acknowledged before me this day of September, 1997,
by Murry Diamond. Ile is personally known to me or has produced
-' -5_qQ: n 3,-A1�, - D -t- .. as identification f-'\ n i ( '\__
Notabl i c
Print Name:
Serial No. (if any):
My Commission E
OFFICIAL NOTARY SEAL
� iF Q¢AIhIISSION NUMBER
q� CC5o4413
MY COMMISSION EXP.
O1 net 401 legs
104883 1.
- `S- 444
12/17/97 17:32
DEC-17-97 05:24 PM
P _ 04
REF. 17798` U3Q0
LEGAL DESCRIPTION
Commencing at a post marking the Southwest end of the dividing; line between lands of
C.J. Peacock, sometimes called Charles Peacock and land designated as Lot 4 of MUNROE'S
PLAT IN GOVERNMENTLOT NO. 1 of Section 21, Township 54 South, Range 41 Last, as
recorded in Deed Rook D, page 253 of the Public Records of Dade County, Florida; thence run
in a Southeasterly direction 125 feet on the dividing line between the lands oi'Charles Peacock
and said Lot No. 4; thence in a Northeasterly direction 250 feet more or less to the intersection of
the line dividing the lands of Wm. D. Albury and said Lot. No. 4 as shown by said recorded Plat
in Deed Rook D, at Page 253, Dadc County Public Records; thence alonL� said line of W.D.
Albury property in a Northwesterly direction 125 feet; thence in a Southwesterly direction 250
feet more or less to the Point of Beginning; excepting therefrom a strip of land sold to the
Housekeeper's Club of Coconut Grove, more particularly described as follows: Commencing at
the Northeast corner of the whole Lot, as described above and running thence Northwesterly
along the line of the Wtn. D. Albury property 125 feet to the Northwest corner of said whole Lot;
thence Southwesterly along the line of the C.J. Peacock property 60 feet; thence Southeasterly
125 feet and thence Northeasterly 60 feet to the place of beginning, along the Northwest end of
said whole I.ot which includes the Northerly or Northeasterly 60 feet of the above described
tract, said 60 foot strip adjoining the said lands of W.U. Albury above referred to; also excepting
that certain parcel of land more particularly described in that certain deed recorded in Deed Book
785, at Page 280, of the Public Records of Dade County, Florida, and excepting that certain 7.5
feet of land deeded to the City of Miami for street purposes under Deed filed in Clerk's File
-Number Y-103230.
RECORDED C rf+CIAc NFCO"M 009K
orR60090 VERtFf) FICXtICJti
C
HARVEY RUVIN
t:UrttK c1prLPT COLIPT
104883_l .DOC c 1 _ 444
12/17/97 17:32
DEC-17-97 05:25 PM
P.05
oil
REC. 1 7341PE4 983
This instrument prepared by:
Stuart K. Hoffman, Esq.
HOLLAND & KNIGHT
701 gric:kell Avenue
Miami, Florida 33131
Tax I.D. No. 01-4121-069-0010
STATUTORY WARRANTY DEED
{r• rurti � r_r�4-76 19+� �Ec. - i19:5.?
DC)CSTPOEE. 6{►`31i;,0.-1 URTX
HARVEY RPIKY CLERK, DAI;E CC.�'JWTYr ti
THIS INDENTURE, made this 6th day of September, 1996, between
utiny Hotel, Ltd., a Florida limited partnership, whose address is
` Ic IMJ fainptas, • P. 0.1dra 3ror_ Add t Q k PA ! P/o L (the "Grantor") ,
and Mutiny on_ tJ�e_Bpy, _Ltd..,, a Florida ]4,mited partnership, whose
(the"Grantee"),
WITNESSETE, that Grantoz, for and in consideration of the sum
of Ten Dollars ($10.00), to Grantor, in hand paid by Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to Grantee, and Grantee's heirs and assigns forever, the
following described land, being in Dade, Florida, to wit:
See Exhibit "A" attached hereto and made a part hereof.
TOGETHER with all easements, tenements, hereditaments, and
appurtenances belonging to the land; and
TOGETHER with all buildings and other improvements now or
hereafter located on the land; and
TOGETHER with all of Grantor's right, title and interest, if
any, in and to the streets, avenues, roads, ways, alleys, waterways
and canals, open or proposed, in front of or adjoining to the land;
TO HAVE AND TO HOLD the same in fee simple forever.
SUBJECT TO:
1. Taxes for the year 1996 and subsequent years.
2. Zoning ordinances and other governmental land use
restrictions.
3. Conditions, reservations, restrictions, requirements,
covenant:, limitations, and easements of record, if any,
and Grantor does hereby fully warrant the title to said land, and
will defend the same against the lawful claims of all persons
whomsoever. fI :A..{,
I C'� 4 4 A
DEC-17-97 e5:26 PM
P.06
REF 1734N-4 984
"Grantor" and "Grantee" are used herein in the singular or the
plural, as the context may require.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand
and seal on the day and year first above written.
Signed, sealed and delivered
in our presence:
% v
,2u •tst rL� d rt'' MUTINY HOTEL, LTD . ,
Printed Name.t"'LiS i n E! kI? a Florida limited partnership
- Ltla 44-A, �1- zoa,�#- Pr i d Name: t. - k4
County of Dade )
) as:
State of Florida )
BY: Mutiny Management, Iric.,
a Florida corporation,
general partner
/' */ff
BY:
Name: Bruce olan
as Assistan Secretary
The foregoing instrument was sworn to and subscribed before me
this 6th day of September, 1996, by Bruce Jay Colan, as Assistant
Secretary of Mutiny Management, Inc., a Florida corporation and
sole general partner of Mutiny Hotel, Ltd., a Florida limited
partnership, who acknowledged the foregoing on behalf of the:
limited partnership. Who is personally known to me or has produced
as identification.
(NOTARY SEAL)
My Commission Expires:
MIA3 420064
2
Name-92
Notary Public,
Commission No.
LYO! , J. HOOKER
•.-_ MY fANaWnC`: r Ca75600 EXPIRES
BODGED THW TROT' FAIN 00UANI,1W-
98- 444
r
I,,'- f 7'34M4985
REC.
Trect "A" of SAILBOAT BAY SUBDIVISION AMENDED, according to the Plat thereof, as recorded in Plat Book
_", Page 85, of the Public Records of Dade County, Florida.
Together with an rights, title and Interest arising under.
Driveway Essement Agreement dated dune 10,1975 and recorded June 17,1975, In Oftlal Records Book
9019, Page 1839, of the Public Records of Dade County, Florida.
S-- 444