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HomeMy WebLinkAboutR-98-0783J-98-734 (a) (� Q r� 7/8/98 RESOLUTION NO. 9 O 18 3 A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY DENYING THE APPEAL AND UPHOLDING THE ISSUANCE OF CLASS II SPECIAL PERMIT APPLICATION NO. 98-0022, WITH CONDITIONS, BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT ON MARCH 25, 1998, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2630 S.W. 28 STREET, MIAMI, FLORIDA, MORE PARTICULARLY LEGALLY DESCRIBED HEREIN, TO ALLOW NEW CONSTRUCTION OF A HOTEL PURSUANT TO ARTICLE 6, SECTION 603 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. WHEREAS, the Miami Zoning Board at its meeting of June 15, 1998, Item No. 2, adopted Resolution No. ZB 1998-0071 by a seven to zero (7-0) vote, denying the appeal and upholding the issuance of Class II Special Permit Application No. 98-0022, with conditions, by the Director of the Department of Planning and Development on March 25, 1998 for the property located at approximately 2630 S.W. 28th Street, Miami, Florida; and WHEREAS, the City Commission after careful consideration of this matter, finds the issuance of Class II Special Permit Application No. 98-0022, with conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as ATTACHMENT(S) CONTAINED CITY COMUSSION MEETING Og J U L 2 1 M8 Re"Ution No. 9 - 783 amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Zoning Board denying the appeal and upholding the issuance of the Class II Special Permit; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to deny an appeal and uphold the issuance of Class II Special Permit Application No. 98-0022, with conditions, by the Director of the Department of Planning and Development on March 25, 1998 for the property located at approximately 2630 S.W. 28th Street, Miami, Florida, more particularly legally described in Exhibit "A" attached hereto and made a part hereof, is hereby affirmed, and the city commission finds that finds the issuance of Class II Special Permit Application No. 98-0022, with conditions, does meet the applicable requirements of Zoning Ordinance No. 11000, as amended. Section 3. This Resolution shall become effective -2 98- 783 immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 21st day of July JOE CAROLLO, MAYOR 1998. In accordance with Miami Code Sec. 2-36, since the Mayor did not indica erg• -.! �a this legislation by signing it in the designated place provicea, becomes effective with the elapse often (10) days fro the date of C1z: ATTEST: regarding same. without the Mayor exercisin vet Walter Fo , City Clerk WALTER J. FOEMAN. CITY CLERK ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effectively immediately upon override of the veto by the City Commission. pia s Miami Zoning Board Resolution: ZB 1998-0071 Monday, June 15, 1998 Mr. Osvaldo. Moran-Ribeaux offered the following Resolution and move its adoption Resolution: A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT FOR A REQUEST FOR AN APPEAL BY ROBERT V. FITZSIMMONS OF THE CLASS II SPECIAL PERMIT APPLICATION NO. 98-0022 APPROVED WITH CONDITIONS BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT ON MARCH 25, 1998, FOR THE ABOVE LOCATION, TO ALLOW NEW CONSTRUCTION OF A HOTEL PURSUANT TO ARTICLE 6, SECTION 603 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI LEGALLY DESCRIBED AS EXHIBIT "A", HEREBY ATTACHED. 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 Yes Ms. Ileana Hernandez -Acosta Away 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: 0 NO VOTES: 0 ABSENTS: 1 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1998-0118 Item Nbr: 2 98- '78-3 EXHIBIT "A" Legal Descriptions 2606-2630 S.W. 28 St. Lots 3A5. and 6, in Block 2 of KING PARK, according to the Plat thereof, recorded in Plat Book 5, at page 112, of the Public Records of Dade County. 2525 & 2533 Andros Avenue Lot 19, in Block 2, of KING PARK, according to the Plat thereof, recorded in Plat Book 5, Page 112, of the Public Records of Dade County, Florida. Lot 20, LESS a portion of said lot commonly referred to as the northeasterly 10 feet, of KING PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 112, of the Public Records of Dade County, Florida. 98- 783 Case Number: 1998-0118 Location: Legal: Applicant: Zoning: 2630 S W 28 Street ZONING FACT SHEET 15-Jun-98 PZr-4 Item No: 2 (Complete legal description on file with the Office of Hearing Boards) Carlos Rua 841 Andalusia Avenue Coral Gables, FL 33134 App. Ph: (000) 000-0000 Robert V. Fitzsimmons, Esq. (Appellant) 2665 S. Bayshore Drive, Suite 201 Coconut Grove, FL 33133 Rep. Ph: (305) 856-4181 ext Rep. Fa (_J — ext 0 Office, SD-3 Coconut Grove Major Streets Overlay District, SD-19 Designated F.A.R. Overlay District and R-1 Single -Family Residential Request: Appeal by Robert V. Fitzsimmons of the Class II Special Permit Application No. 98- 0022 approved with conditions by the Director of the Department of Planning and Development on March 25, 1998, for the above location, to allow new construction of a hotel pursuant to Article 6, Section 603 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami. Continued from Zoning Board Hearings of May 18, 1998, and June 1, 1998. Recommendations: Planning and Development: Denial of appeal, approval of Class II 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: 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: Comply Order by: CEB Action: History: Continued from Zoning Board Hearings of May 18, 1998 and June 1, 1998 Analysis: Please see attached. Zoning Board Resolution No: ZB 1998-0071 Zoning Board: Denial of the appeal Vote: 7-0 Appellant: Robert V. Fitzsimmons, Esquire g 8 - 783 MARLOW, CONNELL, VALER- � ABRAMS, ADLER & NEWMAINT ATTORNEYS AT LAW Seth Abrams Grove Professional Building - Suite 200 Joel D. Adler 2950 Southwest 27th Avenue Andrew S. Connell Samuel S. Lewis Coconut Grove Robert Scott Newman Miami, Florida 33133-3776 Luis E. Ordoriez Telephone (305) 446 - 0500 Thomas F Valerius Telecopier (305) 446- 3667 Telecopier (305) 443-2505 Homer L. Marlow of Counsel Mailing Address Post Office Box 339075 Miami, Florida 33233 - 9075 June 30, 1998 HAND -DELIVERED Ms.- Teresita Fernandez City of Miami Office of Hearing Boards 444 S.W. 2nd Avenue, 7th Floor Miami, Florida 33133 RE: 2630 S.W. 28th Street Miami, Florida Class II Special Permit File No. 98-0022 Dear Ms. Fernandez: Ana M. Castro Rafael Cruz -Alvarez J. Ronald Denman William G. Edwards Lara J. Eisner Robert V. Fitzsimmons Lvsa M Friedlieb Catherine F. Koch Donald A. Kosa William G. Liston Michael C. Rotunno Melissa A. Schlutow Howard A. Stone Jose I. Valdes Writer's Direct Line: (305) 460-6549 .n co C— C cz 0 -v iV �.J Please be advised that I represent several individuals and entities who wish to appeal the decision of the Zoning Board regarding the above referenced special permit. Please accept this letter as notice of the Zoning Board appeal of the final decision entered June 15, 1998 on the above referenced permit, on behalf of Mike Marmesh, James Gray, Robert V. Fitzsimmons, the Coconut Grove Park Homeowners Association and the Coconut Grove Civic Club, as not in compliance with the applicable zoning regulations, including but not limited to, the following stated reasons: Approval granted on incomplete plans; Violates code and covenant restriction from structure within twenty feet of property line; Incorrectly includes R-1 lots; 98- 783 Ms. Teresita Fernandez June 30, 1998 Page 2 Incorrectly suggests integration rather than separation of O and R-1 lots Incorrectly calculates and exceeds permitted FAR; Proposed structure is inappropriate for its location; Landscape plans are inadequate; Failed to give full consideration to advice and information received from referrals to Northeast Coconut Grove NET Office and Urban Review Board; Fails to meet required Off Street Loading Requirements Incorrectly permits utilization of RI lots in development of O zoning district development. Please find enclosed my trust account check in the amount of five hundred ($500.00) dollars for the requisite filing fee. Please direct all future communication through my office. Thank you. Very truly yours, ROBERT V. FITZSIMMONS /RVF Enclosure w co I:\DOCUMENT\M ZSIMM\COCOGROW.ETTERS\APPEAL.LTR C-) J MARLOW, CONNELL, VALERIUs, ABRAMs, ADLER & NEWMAN9 8 _ 783 Miami Zoning Board Resolution: ZB 1998-0071 Monday, June 15, 1998 Mr. Osvaldo. Moran-Ribeaux offered the following Resolution and move its adoption Resolution: A RESOLUTION DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE DIRECTOR OF; THE DEPARTMENT OF PLANNING AND DEVELOPMENT FOR A REQUEST FOR AN APPEAL BY'ROBERT V. FITZSIMMONS OF THE CLASS II SPECIAL PERMIT APPLICATION NO. 98-0022 APPROVED WITH CONDITIONS BY THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT ON MARCH 25, 1998, FOR THE ABOVE LOCATION, TO ALLOW NEW C©NSTRUCTION OF A HOTEL PURSUANT TO ARTICLE 6, SECTION 603 OF ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI LEGALLY DESCRIBED AS EXHIBIT "A", HEREBY ATTACHED. 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 Yes Ms. Ileana Hernandez -Acosta Away 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: 0 NO VOTES: 0 ABSENTS: 1 I` Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1998-0118 Item Nbr: 2 98- 783 EXHIBIT "A" Legal Descriptions 2606-2630 S.W. 28 St. Lots 3,4,5. and 6, in Block 2 of KING PARK, according to the Plat thereof, recorded in Plat Book 5, at page 112, of the Public Records of Dade County. 2525 & 2533 Andros Avenue Lot 19, in Block 2, of KING PARK, according to the Plat thereof, recorded in Plat Book 5, Page 112, of the Public Records of Dade County, Florida. Lot 20, LESS a portion of said lot commonly referred to as the northeasterly 10 feet, of KING PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 112, of the Public Records of Dade County, Florida. 98- 783 T ie Law Office of ROBERT V. FITZSI\[MO S, P.A. T lie Orancl Day Ofce Plaza �00 utli Da% --litre Dri-v l e, Mute _'�� l L oconut LTr� �"e, F!on1Cla 13.3 i Telephone: , e-mail: ryra(c{ a0l.com April S. 1995 VIA FACSIMILE: 305-416-2035 Ms. Terecita Fernandez City of tilianu Office of Hearing Boards 4444 S.W. 2nd Avenue ',vIiatmu, Florida '331'33 Re:20'30 S.Vv', 28th Street %harnd, Florida Class II Special Permit File No. 9S-0022 Dear %Is. Fernandez: As you are aware, I represent several individuals and entities who wish to appeal the above referenced special penuit. Please accept this letter as notice of appeal of the final decision entered March 2 -, 1998 on the above referenced permit on behalf of Nancy and Mike Marmesh, Florence and James Gray, the Coconut Grove Park Honmeo«-ners Association and the Coconut Grove CiViC Club, as not in compliance with the applicable Zoning regulations, including but not limited to, the following stated reasons: Approval granted on incorrect and/or incomplete plans; Violates code and covenant restriction from structure within t-wenty feet of property line; Incorrectly includes R-1 lots in Class I I Permit and in FAR calculations; Incorectly integrates rather than separates (_) and R-1 lots Incorrectly calculates and exceeds permitted FAR; Proposed structure is inappropriate for its location and in excess of permitted FAR: 98- 783 Landscape plans are inadequate; Failed to give consideration to ad -,=ice and information received from refer-als to Northeast Coconut Grove NET Office and Urban Review Board; Fails to sleet required Off Street Loading Requirements. Please utilize the um- trust account clieck in the amount of fire hundred S500.0() dollars. which was previolush, delivered. for the requisite filing fee. Please direct all future coIlullltIllcatloii t112-ott,911 My office. Thank you. Vert/ t ulv tours, Robert V. Fitzsimmons 98- 783 REVISED CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION File No. 98-0022 To: Carlos Rua 841 Andalusia Avenue Coral Gables, Fl. 33134 From: Christina Cuervo, Acting Director Department of Planning and Development ' Please take notice that I have reached a final decision on the following matter: Title: New construction of a hotel in the SD-3 District. Address: 2630 S.W. 28m Street Miami, Florida 33133 My final decision is: ❑ Approval JM Approval with conditions ❑ Denial FINDINGS AND CONDITIONS: The subject proposal has been reviewed for Class II Special Permit pursuant to Article 6, Section 603 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. This Section requires explicitly that a Class 11 Special Permit shall be required prior to approval for the location, relocation or alteration of any structure, parking area, vehicular way or sign visible from a public street. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of Planning and Development has made referrals to the following Departments and Boards. • Zoning Division, Building and Zoning Department. • Northeast Coconut Grove NET Office, Neighborhood Enhancement Team. • Urban Development Review Board 98- 783 Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application , pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: • It is found that the application was referred to the Urban Development Review Board on February 11, 1998 and recommended for continuance due to lack of sufficient details regarding design issues; however the comments which were raised regarding said issues have been incorporated into this approval as conditions. • It is found that, as modified, the proposed structure is appropriate for its location within the SD-3 District; the revised plans (dated 3/25/98 by the Department of Planningand Development) depict an appropriate scale for the area. • It is found that the treatment abutting S.W. 28m Street needs to be enhanced in order to better promote pedestrian activity. • It is found that the elevations require enhanced detail and articulation to better respond to the character and style of Coconut Grove. ' • It is found that while the proposed landscape plan is well designed and sufficient to comply with the City's requirements, the final landscape scheme should be enhanced to provide more native trees of a greater size; this will ensure that the project is in keeping with the character of Coconut Grove; the final landscape plan should further be designed to better integrate the site to the abutting low density residential area and buffer any service related aspects of the project. • It is found that no oarkina for the hotel is being proposed nor permitted within the residentially zoned area of this application. • It is found that with respects to ingress, egress, traffic, signs and lighting, drainage and refuse and service areas, the project is in compliance with all applicable sections of the zoning ordinance. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the following conditions and safeguards are hereby set forth . Approval of this Class II Special Permit shall be subject to these conditions and safeguards. 1. The applicant shall submit the following modifications for review and approval by the Department of Planning and Development prior to the issuance of a building permit for the proposed project: a) final color samples; said color samples shall consist of very pale or neutral colors with appropriate highlight colors; b) a final landscape plan depicting more native species of a larger size to conform with the character of the area; said plan shall also better integrate the site to the abutting low density residential area and buffer any service related aspects of the project; c) revised elevations depicting enhanced detail and articulation to better respond to the character and style of Coconut Grove; and 98- 783 NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, temporarily located at 300 Biscayne Blvd. Way, Suite 400, Miami, FL. 33131. Telephone number (305) 350-7904. Signature Date '?IA-51-ys tA#na cuervo, Acting Di Department of Planning and Development 98- 783 ,I AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF MIAMI-DARE ,L Before me, the undersigned authority, this day personally appeared Carlos R . Rua who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanyinA►1' a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the red Y 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/she represents, if any, have given their full and complete permission ! iit ref ioildt in his/her behalf for the change or modification of a classification or regulation of toning as set out in th& accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, main telephone numbers and legal descriptions for the real property of which he/she is the owner or legal repteSetttiva'' 4. The facts as represented in the application and documents submitted in conjunction with this and correct. _ Further Aiiiant sayeth not. Applicant'i Sijniture STATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this 8th day of _ April r } J " 19 98 . by Carlos R. Rua of Dixie Grove InvestmeIi:: a V1 nri da corporation, on behalf of thl urn He/She ' ovally fetowa me or has produced N J Y� as W444ft and who a an oath. Name: \ Notary Public -State of Florida Commission No.: My Commission Expires: OFFICIAL NOTARYS L,' , MARIA ISABE- .f� NOTARY PUBLIC SLAt ZV EWRQX COMMISSION �.`,Cr58 0 9 8 D Cwsun Off' owrrL�R. ► 1. Legal description and street address of subject real property: 2606 2612, 2620, 2630 S.W. 28th St. and 2525. 2533 Andros Avenue. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the d*°„;: Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subj f E presentation, request or petition to the City Commission. Accordingly, question #2 requires disclodutg shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together wltlt 1 and proportionate interest. Dixie Groove Investment Corp. isthesole owner Carlos R. said d841 Andalusia Ave ue. Coral owned bess.. Florida �3UPwAk ownership Carlos M. Rua 19235 Fisher Island Drive, Miami, Florida 33131 50% ownership Maria V. Rua 841 Andalusia Avenue, Coral Gables, Florida 33134 25% ownership 3. Legal description and street address of any real property (a) owned by any party listed is answer to (b) located within 375 feet of the subject real property. N/A L]:�Wll Owner or A STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 8th day of 19 98-P by Carlos R - Rua ' of Di xi p for Owner El Florida corporation, on behalf ofth� He/She is pefsonally knmw me or has produced and who did (did not) take an oath. Name::,; r.. f 1• Notary Public -State of Florida F Commission No.: My Commission i3Vires:. , NOTARY SEAL OFFICIAL MARIA ISABEL REYES P1.y'3LIC STATE OF FLORtDA NOTARY EXF. APR• 24 NIY CO24 M?vtISS10N t..-• 4 t- 17 1� TOTf�Xi: r Legal Descriptions 2606-2630 S.W. 28 St. Lots 3,4,5, and 6, in Block 2 of KING PARK, according to the Plat thereof, recorded in Plat Book 5, at page 112, of the Public Records of Dade County. 2525 & 2533 Andros Avenue Lot 19, in Block 2, of KING PARK, according to the Plat thereof, recorded in Plat Book 5, Page 112, of the Public Records of Dade County, Florida. Lot 20, LESS a portion of said lot commonly referred to as the northeasterly 10 feet, of KING PARK, according to the Plat thereof, as recorded in Plat Book 5, at Page 112, of the Public Records of Dade County, Florida. 98- 783 ARTICLES OF IN 'ORATION OF DIXIE GROVE INVESTMENT, CORP. The undersigned, act-inR aF: inr,nrpnrator of 1 cnrpnr1r_inn under the laws of Florida, adopts the following Artini�s of rncnrpnration for such corporation. ARTICLE I The name of this corporation is DIXIE GROVE INVESTMENT, CORP. ARTICLE II This corporation is organized for the following purposes: A. To own, acquire, lease, mortgage, and tryperhecar:e real estate and all acts necessary and incidental thereto. B. To carry on any and all lawful business. ARTICLE III The maximum number of shares of stock that this corporation is authorized to have outstanding at any one time is 1,000 shares of no par value. ARTICLE IV Every shareholder, upon the sale for cash of any new stock of this corporation of the same kind, class or series as that which he already holds, shall have the right to purchase his pro-rata share thereof (as nearly as may be done without issuance of fractional shares) at a price at which it is offered to others. ARTICLE V The amount of capital with which the corporation will begin business will be no less than $500. ARTICLE VI The corporation is to have perpetual existence. ARTICLE VII The principal. office of the corporation w ill be ail Andalusia Avenue, Coral Gables, Florida 33134. ARTICLE VIII The initial street address of the initial registered office of the corporation will be 841 Andalusia Avenue, Coral Gables, FL. 1 98- 783 33134, and the name of the in__lal registered agent of this corporation at that address is CARLOS RUA. ARTICLE IX The number of directors of the corporation will not be less than one. ARTICLE X The names and street addresses of the members of the first Board of Directors are: CARLOS RUA 841 Andalusia Avenue Coral Gables, FL. 33134 ARTICLE XI The names and street addresses of the persons signing these Articles of Incorporation are as follows: CARLOS RUA 841 Andalusia Avenue Coral Gables, FL. 33134 ARTICLE XII The initial bylaws shall be adopted by the Board of Directors. The power to alter, amend or repeal the bylaws or to adopt new bylaws shall be vested in the Board of Directors. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with Florida General Corporation Act or these Articles of Incorporation. Any contract or other transaction between the corporation and any one or more of its directors, or between the corporation and any firm of which one or more of its directors are members or employees, or in which they are interested, or between the corporation and any corporation or association of which one or more of its directors are shareholders, members, directors, officers or employees, or in which they are interested, shall be valid for all purposes, notwithstanding the presence of the director or directors at the meeting of the Board of Directors of the corporation that acts upon, or in reference to, the contract or transaction, and notwithstanding his or her participation in the action, if the fact of such interest shall be disclosed or 2 98- 763 .<nown to the Board of Directors ai he Board of Directors shall nevertheless, authorize and ratify the contract or transaction, the interested director or directors to be counted in determining whether a quorum is present and to be entitled to vote on such authorization or ratification. I, the undersigned, being the original subscriber to these Articles of Incorporation, do hereby make, subscribe, acknowledge and file these Articles and certify that the facts stated herein are true and have hereunto set our hands and seals, this day of - 1996. f, l (SEAL) CARLOS RU STATE OF FLORIDA COUNTY OF DADE BEFORE ME, on this day, personally appeared CARLOS RUA, the party to the foregoing Articles of Incorporation, who is PERSONALLY KNOWN TO ME, and known to me to be the party to the foregoing Articles of Incorporation, and acknowledged the said Articles to be his free act and deed, and that the facts stated therein are truly set forth. WITNESS my hand and official seal at Coral Gables, said County and State last aforesaid, this day of`' ( 19f� OFFICIAL NOTARY SEAL LAURA RUSSO CONMISS101I NUMBER CC2S6264 AIY COMMISSIeM Pre 69 ACCEPTANCE OF REGISTERED AGENT c Having been named to accept service of process for DIXIE GROVE INVESTMENT, CORP., at 841 Andalusia Avenue, Coral Gables, FL. 33134, I hereby agree to act in this capacity, and I further agree to comply with the provisions of all statutes relative to the proper and complete performance of all my duties. CARLOS RUA Re istered Agent 3 C, n 98- i S3 R*Tt•1 .S v-1. k—E. 75 Le ars Russo, Esq. Russo & Baker. P.A. 4E75 Ponce de Leon Blvd. Gsral Gables. Florida 33146 CERTIFIED COPY OF CORPORATE RRSO UTION I, Carlos P_ Rua, as President of Dixie Grove Investment Corp., a Florida corporation (" Corporation"), do hereby certify that the following is a full, true and correct copy oftbe Resolution of the said Directors calle!d.anrl held as required by law and the By -Laws of said corporation, in N iami, Florida, on the y of /* 1440 f s/.1998, at which meeting the Directors of the said cc rporation were present and voted in favor of said resolution. BE IT RESOLVED THAT Carlos R Rua, as President of the corporation, is authorized to cxute any and all documents necessary in connection with the Appeal relating W the property It cated at 2630 S.W. 28 Street. Miami, Florida. BE IT FURTIMR RESOLVED, that the Board of Directors has granted to Carlos R. Rus, a Power of Attorac} to execute any and all documents, on behalf of the Corporation. WE FURTHER CERTIFY that the meeting of the Board at which the foregoing Resolution u as adopted was regularly called and held in accordance with the Charter and By -Laws of said Corporation. and that said Resolution has not been rescinded or countermanded by the Board of 7 hectors, and that the current Directors and Officer." of the Corporation are: DATED this- 2, -L day of '42 CW .1998. Dixic Grove Investment Corp., a Florida co n � By:. Carlos R. Rua, P esident By: �� v TATE OF FLORIDA - Carlos K. Rua, vice— C.OUNTY OF DADE � I HEREBY CERTIFY that on this day, before tni, o cer y KHMVEXthe State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Carlos R. Rua, as President of Dixie Grove Investment Corp., a Florida corporation, who is either personally known to me, and did not take an Oath, and to me known to be the person described in and who c xecuted the foregoing instrurnew and he acknowledged before the that he executed the same as such c PFtcer for the act and deed of said Corporation. WITNESS my hand and ollicial seal is the Coon State last afo this day c f _mA a C � , 1998. o . Pub i Stamped Commission: My C0111t--d - MM' a 98- 783 .is instrument prepared by: C?6R357438 1996 AUG 12 12:13 Louis L. LaFortisee, Jr. OFF. I �� I O 19 3121 Commodore Plaza, Suite 301 RF.C. Pt'A Miami FL 33133 WARRANTY DEED This Indenture made this 3 OJ4. \ day of July, 1996 between Crescent Bank & Trust, a Louisiana Corporation, (hereinafter called "Grantor") and Dixie Grove Investment Corp., a Florida corporation, whose principal address is 841 Andalusia, Coral Gables, Florida 33134 (hereinafter called "Grantee") . DDCSTPDEE 3,300.00 SURTX Ir4%5.00 WITNESSETH HARVEY RUVINr CLERK DADE COUNTY, FL That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt of which is hereby acknowledged, have granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following -described land, situate, lying and being in Dade County, Florida, to -wit: Folio Numbers: 01-4115-028-0101; 01-4115-028-0102 01-4115-028-0110; 01-4115-028-0120 Lots 3,4,5,and 6, in Block 2 of KING PARK, according to the Plat thereof, recorded in Plat Book 5, at page 112, of the Public Records of Dade County. Grantor is one and the same as the Cresent Bank & Trust shown as the Grantee of the above described property in the Certificate of Title dated June 13, 1995, and recorded in Official Records Book 16814, at Page 608, of the Public Records of Dade County, Florida. Subject to taxes for the current year and subsequent years, conditions, restrictions, limitations, easements of record and applicable zoning ordinances. Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Grantee's tax payer identification no.: IN WITNESS WHEREOF, Grantor have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered Cresce Bank & Trust, a in the presence of: Lou' i a corporation Signatur �1T By : lb Printed n �Ne Jmf N Fred B. Morgan, III, President Si ature: TT S Lys SAiJ1eA -s. s ec"I" Martha N. Solomon; 9ecr Printed name: <, y (CORPORATE SEAL)' r dry State of Louisiana Orleans i3h The foregoing instrument was acknowledged before `me7bg,l?-ed Morgan, III, and Martha N. Solomon, as President and Secretary, respectively, of Crescent Bank & Trust, as the act and deed of the said corporation. They are personally known to me e n and did take an oath this �"''� day of July, 1996. RECORDED v-rpCIly RECORDS Doon OF DADE COUNTY, FLORIDA. Notary Public State f LO^j�ial9�ci_ RECORD VERIFeo Name of NOta�y - .4 .. ' p HARVEY RUVIN R. L. °" m 1-C t C"+r.W a»cu+r couur ".Int-r MY Cr,•:m i O sr. CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM Walter J. Foeman July 14, 1998 TO: DATE: FILE: City Clerk SUBJECT: Appeal for PZ Item on July 21, 1998 Agenda FROM: Joe Sanche REFERENCES: Commissioner ENCLOSURES: Attached please find a document pertaining to a Planning & Zoning item on the July 21, 1998 agenda. Neither I nor my staff have read or reviewed this document. Please make it a part of public record. Thank You. Enclosure JS/lda --r -- r .A ri 98_ 6� BILZIN SUMBERG DUNN PRICE & AXELROD LLP A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS 2500 FIRST UNION FINANCIAL CENTER 200 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131-2336 TELEPHONE: (305) 374-7580 • INFOOBILZIN.COM FAX: (305) 374-7593 • BROWARD: (954) 462-680B JR 14 a July 14, 1998 Via Hand Delivery -' 71 ,1 The Honorable Mayor Joe Carrollo and Commissioners of the City of Miami v City of Miami City Hall = 3500 Pan American Drive -- Miami, Florida 33130 Re: Item on Anneal for the City Commission Meetingof f July 21. 1998 Dear Honorable Mayor and Commissioners: Enclosed you will find a copy of the transcript on the above referenced matter as it was presented and heard by the Zoning Board of the City of Miami on Monday, June 15, 1998. The Zoning Board unanimously denied the appeal and upheld the issuing of a Class II Special Permit. My client, Dixie Grove, is owned by Carlos Rua, a developer with a positive development history for residential complexes in Coconut Grove. In summer of 1996 Mr. Rua was granted a Class II Special Permit which was appealed by property owners. Since that time, that case is winding its way through the appellate process in Circuit Court. As a result of discovery in that case, neighbors said that they objected to a five -story but not to a four-story hotel. In an effort to resolve the litigation, Mr. Rua went back to the City and applied for another Class I1 permit for a four-story hotel rather than the original five -story hotel. The second Class II permit for the four-story hotel was granted by the City of Miami and another appeal was filed which was heard by the Zoning Board and denied. Once again, the property owners are appealing the Zoning Board's decision to the City Commission. Because of the complex issues raised in the appeal as to FAR's, square footage, etc. G:\DMS\73451\19572\198318.01 7/ 14/98 98 783 BILZIN SUMBERG DUNN PRIC. - & AXELROD LLP The Honorable Mayor Joe Carrollo July 14, 1998 Page 2 (even though found to be without merit by the Zoning Board), we are forwarding to you the transcript to facilitate your familiarizing yourself with the facts of this case. We look forward to expedient resolution to this matter at your meeting of July 21, 1998. Very truly yours, • {/ / v � ,� A. Vicky L va [Dictated but not read. Signed in her absence to avoid delay.] AVL/lzc Enclosure cc: Hon. Comm. J.L. Plummer, Jr. Hon. Comm. Willie Gort Hon. Comm. Arthur Teele Hon. Comm. Tomas Regalado Hon. Comm. Joe Sanchez Mr. Walter Foeman, City Clerk Alex Vilarello, Esquire, City Attorney Yamilet Trehy, Esquire, Ass't. City Attorney Joel Maxwell, Esquire, Ass't. City Attorney Robert Fitzsimmons, Esquire Attorney for Coconut Grove Park Homeowners Assoc., et al. G:ADMS\73451\19572\198318.01 7/ 14/98 9 8 - 783 CITY OF MIAMI ZONING BOARD EXCERPT FROM THE RECORD OF PROCEEDINGS of a REGULAR SEMIMONTHLY MEETING of the CITY OF MIAMI ZONING BOARD June 15, 1998 RE: Item No. 2 Application No. 1998-0113 2360 S.W. 28th Street MIAMI CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98 783 2 Excerpt from the Record of Proceedings of the regular semimonthly meeting of the City of Miami Zoning Board, at Miami City Hall, 3500 Pan American Drive, Miami, Florida, on Monday, June 15, 1998, commencing at 7:00 p.m., the Honorable George E. Barket presiding as Chairman. BOARD MEMBERS PRESENT: Gloria Basila Osvaldo Moran-Ribeaux Juvenal Pina Christine B. Morales Paris A. Obregon Humberto J. Pellon ALSO PRESENT: Yamile Marrero-Trehy, Asst. City Attorney Teresita L. Fernandez, Chief Hearing Boards Office Ely Estebez, Public Works Lourdes Slazyk, Dept. of Planning and Development Juan Gonzalez, Zoning Department A. VICKY LEIVA, ESQ. 2500 First Union Financial Center Miami, Florida 33131 Appearing on behalf of the Applicant ROBERT V. FITZSIMMONS, ESQ. Grove Professional Building - Suite 200 2950 S.W. 27th Avenue Miami, Florida 33133 Appearing on behalf of the Appellants (Call to order, Invocation) (Pledge of Allegiance, Roll Call) JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98 - 783 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THEREUPON, the following item was heard: CHAIRPERSON BARKET: Call Item Number Two, please. THE CLERK: Number two is an item that was continued from the Zoning Board hearings of May 18th and June 1st of 1998. This is an appeal by Robert Fitzsimmons on the Class Two Special Permit at 2630 Southwest 28th Street, and the Application Number is 1998-0118. MS. MARRERO-TREHY: The applicants are represented by counsel and they are here. MR. FITZSIMMONS: Mr. Chairman, I came in a little late, and I understand that you have a short board. So I would request it be continued until have you a full board. MS. LEIVA: Mr. Chairman, I would object to that. CHAIRPERSON BARKET: I think the last time that you asked for that, Mr. Fitzsimmons, we said that that was going to be the only continuance we grant. MR. FITZSIMMONS: If I may correct that, it was a joint continuance at that time, and the one continuance I had, if it was a short board, I'd maintain the right for a continuance. CHAIRPERSON BARKET: But if you recall, I think Vicky said that she agreed with the continuance but JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 only -- MS. LEIVA: As long as there would be no more continuances. CHAIRPERSON BARKET: Right. MR. FITZSIMMONS: It wasn't my continuance. It was a joint continuance. CHAIRPERSON BARKET: Yeah. But it was understood, if I recall, that there would be no more continuances. MR. FITZSIMMONS: As you wish. Mr. Chairman, if I may pass out -- how many board members are there? THE CLERK: Seven. MS. MARRERO-TREHY: Seven, plus the hearing board secretary and myself. MR. FITZSIMMONS: There should have been 11 of them, if not 12. MS. LEIVA: Could you inquire of Mr. Fitzsimmons if he is a registered lobbyist? CHAIRPERSON BARKET: What are you going to pass out, Mr. Fitzsimmons? MR. FITZSIMMONS: I'm passing out an information sheet from this project which is copied off the plans. CHAIRPERSON BARKET: Are you a registered lobbyist as has been requested? MR. FITZSIMMONS: Have I registered to lobby in the JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City of Miami? I don't know if I've registered for this particular item. THE CLERK: You want to pay at this time.) MR. FITZSIMMONS: I'm sorry? THE CLERK: Do you want to register at this time? MR. FITZSIMMONS: Yes. If that's required, I will. MS. MARRERO-TREHY: Do we want to move to the next item, Mr. Chairman, and then come back once the secretary has taken that matter? CHAIRPERSON BARKET: No. I think, I think that Robert's word is good enough for it. Now, let me call the Planning and Building Development. MS. SLAZYK: For the record, Lourdes Slazyk, Department of Planning and Development. This is an appeal of a Class Two Special Permit that was granted by the Department of Planning and Development for a four-story hotel at the subject property. Just to give a little history on this item, the applicant had applied and obtained a Class Two Special Permit previous to this one for a five -story hotel on the same property. That Class Two permit was not appealed and the applicant proceeded to begin pulling building permits on JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- ! ry C83 G 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it at which time it was then appealed into court for procedural issues under a Class Two. At that time, you know, the applicant had met with the neighbors and had discussed, you know, what their concerns were, and many of them came in order to say they didn't appeal it when it was granted because they thought it was going to be four stories, and that when it went up to five stories, that all of a sudden they had a problem with it. So in an effort to try and work with the neighborhood and resolve this once and for all, the applicant went to a four-story version of the hotel. The department reviewed it. At the time the actual approval was granted, the elevations were still being worked on. The delay that the applicant ran into, because of the appeal on the first Class Two, caused him to have to go out and find actual -- you know, some partners for developing, so it was no longer completely under his control. On April 2nd of this year, 1998, the elevations, the revised elevations that met with the approval of the Planning Department were approved, and the conditions of this Class Two still call for a landscape plan to be finalized and approved by the department. The zoning on the subject property is an office JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA e7� 7 8 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 zoning with an SD overlay. There is an FAR limitation on the property and there is a height limit on the property. The applicant has come in meeting all zoning codes, has not required any variances. The Class Two special permit more than anything in this case was for a design review, an appropriateness review for this particular structure on this property. The use is allowed by code. So whether a hotel should or shouldn't be here, it's allowed by zoning. It's a right that the applicant has. The height, the five -story height was also within the height requirements of the City of Miami, and he has lowered it to four stories. He has taken some conference and banquet facilities out also in an attempt to, you know, work with the neighborhood to make it something that's more acceptable to them being it's in the Grove. It's right down the street from the Hampton Inn, which is a much bigger project, a much more ambitious project. We feel that whether at four stories or five stories, the department is willing to support this here. I actually think that the five -story version was a more attractive building, and I worked with the applicant to try to get the four-story version just as attractive. And I'm satisfied now with the elevations. I have them here if you all want to see them. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 rI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So the department recommends that this appeal be denied; that, you know, the requirements of the zoning ordinance were met; that the project is appropriate in size, scale and character to its location in Coconut Grove, and that you uphold the Class Two with the conditions under which they were originally approved. CHAIRPERSON BARKET: How is the parking situation? MS. SLAZYK: They are in excess of parking. Almost double what's required. MR. JUVENAL: How many units? MS. SLAZYK: I don't have them all memorized. I think it's -- they have 88 parking spaces and I think it's 90 rooms. So it's almost one space per room. And in hotels you know that the requirements are one for every two rooms, so they are almost double parking what they need. CHAIRPERSON BARKET: Thank you. Public Works? MS. ESTEBEZ: The Department of Public Works have no comments on this item. CHAIRPERSON BARKET: Building and Zoning? MR. GONZALEZ: No comments at this time. MR. FITZSIMMONS: May I proceed, sir? CHAIRPERSON BARKET: Yes, you may. Have you been sworn in? JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. FITZSIMMONS: I have not. CHAIRPERSON BARKET: Teresita. MR. FITZSIMMONS: You need to swear me in. MS. MARRERO-TREHY: Are you acting as counsel? MR. FITZSIMMONS: As counsel. MS. MARRERO-TREHY: If he is counsel, he need not be sworn in. The hearing board secretary reminded me that they are looking. Do they have the amount? THE CLERK: The amount that he has to pay to be a registered lobbyist is $600. MS. MARRERO-TREHY: This evening before the meeting is adjourned. I just wanted to clarify that for both the -- CHAIRPERSON BARKET: Robert, do you understand that you'll have to pay to the City of Miami $600? MR. FITZSIMMONS: Fine. CHAIRPERSON BARKET: Proceed, please. MR. FITZSIMMONS: The first problem that we have with this project -- well, let me clarify the history that has been somewhat misstated by staff. The original hotel proposed here was 18,155 square feet. The permit was issued for approximately a 32,000 square foot hotel. The hotel as approved on the current JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Class Two is over 50,000 square feet. Now, it did not go through the proper process. It did not go through the boards as is commonplace in this city. They didn't honor the boards in the city. Went to planning, design and review board. And if you look at the second page in my package, you'll see the letter when it went out from planning saying we're not going to entertain this because we don't have enough information. This was -- the Urban Development Review Board said we're not going to accept it, we're not going to deny it, we're not going to comment upon it because we don't have enough information. There was not enough information. I don't believe there is a referral to the local NET office that was received back with comments on this plan. MS. MARRERO-TREHY: Mr. Fitzsimmons, I apologize for interrupting. I need to explain one thing to the board. This is a quasijudicial proceeding, and that is why the persons who speak before you will be sworn in. As I represented earlier, counsel need not be sworn in, however, I must advise you that it appears now that counsel is giving testimony as opposed to making a presentation or representing any witnesses or questioning or cross examining witnesses, so you may want to take that into consideration. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Please proceed. CHAIRPERSON BARKET: Proceed, sir. MR. FITZSIMMONS: The first point is that this project has been approved subject to looking at the landscape plan, subject to looking at the elevation, subject to looking at everything. The whole purpose of a Class Two permit is to look at all of that and decide, and from that we can appeal. So I would like this to be denied, if for no other reason, to let the different city agencies make their comments before it is approved, such as the Urban Review Board. Now, to get to the issue at hand, this is -- if you look at the, I believe it is the third page of the package. I'm sorry it's small. But you can see on 28th Street, which if you hold it so that the lettering can be read, 28th Street is on the top of the page. This project comprises four lots in the center. The total area of those lots; that is, the O zoned lots and that is in the special district, and the total area of those lots is 36,310 square feet. The special district has an FAR limitation of point five. Now, by my math that means can you build an 18,155 square feet hotel. The approved hotel is over 50,000 square feet. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So if I may, at this time I would like to inquire of the zoning administrator as to the code interpretation. CHAIRPERSON BARKET: As I look at this map, there is four lots on Southwest 28th Street; on Andros Avenue there's two lots. Is that correct? MR. FITZSIMMONS: That is, Mr. Chairman. There are two R-1 zoned lots on Andros and there are four O zoned lots abutting 28th Street. CHAIRPERSON BARKET: Before I'd let you ask Mrs. Slazyk some questions, I noticed that when you were talking, she was shaking her head in the negative. Lourdes, what was it that? MS. MARRERO-TREHY: Mr. Chair, if I can explain at least one procedural issue, is we are proceeding, and this is a Special Class Two, special permit, under 1301.2 of the code. That is in reference to counsel's argument that this board should reject it outright because there are matters which are pending or to be reviewed. That section reads that it's intended that the Director of Planning, Planning, Building and Zoning shall be solely responsible for review and compliance and consideration for application of a Special Class Two Special Permit. So it's not a requirement of the code. It is once JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the director gives that permit, that is where it lands -- that is where it ends unless there is some specific problem with it. MR. FITZSIMMONS: But Lourdes, please -- MS. SLAZYK: Yes, that's one of two issues that I wanted to respond to. First of all, as Yamile said, the Director of Planning, and now Development is new department name, is responsible for the issuance of Class Twos. The referrals to the UDRB and to the NET office, more so the UDRB, is totally at the discretion of the department. If the UDRB doesn't act, we typically do not delay projects. We take their input and we make that consideration in further reviewing and making recommendations on a project. In this case their considerations were definitely taken and they were incorporated as conditions into the Class Two, which is also, you know, within the right of the Director of Planning and Development to mitigate the impacts through conditions and safeguards on a special permit. The second issue that I was shaking my head on this has come up for the last two years on this case and, you know, and I keep explaining it, and I guess it's not being JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understood. There's a difference between FAR and square footage, and I'll let Juan Gonzalez further explain that, but the total square footage of a project is not necessarily all FAR. There are a series of uses within a hotel, common areas, lobbies, that sort of thing which don't count toward FAR. And to say that the total FAR allowed on this property is 18,000 square feet, yet the total square footage of the property is another number, it doesn't mean that it doesn't comply with zoning and it doesn't mean that it is not within the FAR allowed on the property. This would not have been signed by zoning and referred to planning for the issuance of a Class Two to begin with if it didn't comply with zoning. And I'll let Juan explain how that was calculated and how he interpreted that. CHAIRPERSON BARKET: Mr. Gonzalez? Wait a minute, please. Mr. Gonzalez, the ball is in your court. MR. GONZALEZ: Juan Gonzalez, Building and Zoning. CHAIRPERSON BARKET: Give us the difference between FAR and square footage. MR. GONZALEZ: Let me tell you this district is basically -- the underlying zoning is office. It does have two special districts. One is the SD-19 which limits JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a certain amount of FAR. In this particular case it's a point five. And it has an SD-3 district which is kind of a characteristic for the particular area. It's a special Coconut Grove overlay district. In this particular case we have what's called -- you base -- all your zoning calculation is based on gross lot area which is net lot area of the four office lots. We have allowed, okay, and this has been allowed through the many years in the Building and Zoning Department, that even though the two lots in the back are different zoning, with the unity of title we allow them to use gross lot area for those R-1 lots subject to several conditions. One of them, obviously, is you cannot put any use in the R-1 that's not allowed in the R-1. In other words, you can't put a hotel use in the R-1. You have to take the floor area ratio as per the R-1 which is a point 60 they have normally -- in this particular case is a little bit more than the office because of the special overlay district but normally in an office area is 1.72 FAR. Those two conditions being met, in other words, that they can not put any of the hotel use in the R-1 lots or they can not put any of the -- use the FAR. They must use it as the ratio that's required by R-1. We have allowed them, not only in this project but JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 several other projects, with a unity of title to calculate that as gross lot area. Because let's say the definition of gross lot area is total land. The more land you own, the more you can build out. That's the whole concept of gross lot area. The bigger the area, the more project, the more you can build there. In this particular case the 50,000 square feet Mr. Fitzsimmons is referring to is total, probably total gross square feet. Remember the actual total square feet that we calculated is more closer to 33,300. The reason for the difference is hotels are considered residential. There are exceptions for floor area ratios. One of those exceptions are you don't count mechanical rooms, you don't count stairways, you don't count parking garages. There's a lot of exceptions. You don't count common areas, you don't count electrical rooms, you don't count elevator shafts. There are -- stairway enclosures. There's a lot of exceptions to that rule. That's why the 50,000 is probably at a gross, but the accountable FAR. is more like 33,300 square feet or something close to that number. And again, apart from that gross lot area, we did give them two additional bonuses that he actually JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 qualified for. One of those bonuses was that when you're within 600 feet of a Metrorail right-of-way, which this is the case, you get an extra ten percent, okay, ratio for being within Metrorail, not station, but right-of-way. Plus, since you take gross lot area from the center line of the street; there is one street that goes catty -corner straight ahead of this property, we allowed him to take 70 feet of that street because that will always be permanent, open space as a public street. MS. MARRERO-TREHY: Mr. Chair, before the presentation continues, I would advise the chair and the board that the other room has been vacated and is available for our occupancy. I recognize that he is in the middle of his presentation, however, he may want the air conditioning, also. CHAIRPERSON BARKET: We'll continue it here, and then when we finish with this item, then we'll move into the next room. Is that all, Mr. Gonzalez? MR. GONZALEZ: That's all until any other questions, sir. else? CHAIRPERSON BARKET: Lourdes, is there anything MS. SLAZYK: No. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 9 8 - '783 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON BARKET: Mr. Fitzsimmons, is there anything else? MR. FITZSIMMONS: Yes, sir. I would like to inquire of Ms. Slazyk, if I may. CHAIRPERSON BARKET: Well, you know, this is not a trial. MR. FITZSIMMONS: It's a quasijudicial proceeding. I think I'm entitled to question. CHAIRPERSON BARKET: I don't know now, but I'll let you go ahead and inquire. Go ahead. MR. FITZSIMMONS: The one question I had is: What is the total dimension of this project? MS. SLAZYK: What do you mean? MR. FITZSIMMONS: Gross area, not floor area ratio. How big is this building? It appears on the plans that the footprint is about 7,000 square feet and on top of that there are three floors with rooms totalling 15,000 square feet each, give or take a couple of hundred feet. Is that about correct? MS. SLAZYK: Well, what I would like to do for these -- there's no way that I can memorize all the details of every project. You know, there's quite a few that come before us. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98! 783 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I would prefer that the architect for the applicant who's here or the applicant himself answer those questions. I can read it off the project data sheet just as well as anybody else can. If he going to ask specific questions about the size -- MR. FITZSIMMONS: I just want a general agreement that 7,000 square foot footprint -- MS. MARRERO-TREHY: Mr. Chair? MR. GONZALEZ: Actually, it's 12,000, 12,000 square feet. MS. MARRERO-TREHY: The plans are of record. Those are what the Class Two permit that was granted by staff was based on. Staff can merely present and introduce into the record, which I believe it already is a part, the plans that were accepted and made a part of that Class Two that was issued, and they speak for themselves and a copy can be provided. CHAIRPERSON BARKET: That's true. But I think Juan said 12,000 square feet and I think Mr. Fitzsimmons agreed to that. MS. SLAZYK: I'll confirm for the record that what was handed out is an exact copy. MS. MARRERO-TREHY: Mr. Chair, for the record, to keep it clean, I would prefer that we rely on the documents. JOHN J. BLUE & ASSOCIATES - MIAMI, FLOF A r.e 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON BARKET: It's admissible if they've got it. Whatever is in the record speaks for itself. Let's proceed. MR. FITZSIMMONS: May I inquire of Mr. Gonzalez a few questions? CHAIRPERSON BARKET: Are you finished with Lourdes? MR. FITZSIMMONS: Yes, I am, sir. CHAIRPERSON BARKET: All right. Juan, come forward. Let's get the ball going. MS. MARRERO-TREHY: Ms. Slazyk hasn't been sworn in. MS. SLAZYK: I'm staff. I don't get sworn in. MR. FITZSIMMONS: This project is in a special district? MR. GONZALEZ: That's correct. MR. FITZSIMMONS: When we look at the plans, the four lots across 26th are the 0 zoning? MR. GONZALEZ: Correct. MR. FITZSIMMONS: And the two Andros are R-1 zoning? MR. GONZALEZ: Correct. MR. FITZSIMMONS: The first item you had mentioned is there was a bonus for being within 600 feet of the Metrorail. MR. GONZALEZ: Correct. MR. FITZSIMMONS: Isn't it true that the provision that provides for that bonus says -it does not apply in JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 special districts, R-1, R-2 and R-3. MR. GONZALEZ: Well, what happens is it does not apply R-1, R-2s, R-3s and in special districts, however, this bonus was only used for the SD -- I'm sorry -- for the office zoning. The reason is says SD district, let me clarify that there are several types of SD districts, and it has been interpreted that what he has are two SD district overlays, not underlining SD districts. And I'll tell you the reason why the intent of that. Some special districts are a zoning in itself: SD-5, Brickell; SD-6, downtown; SD-7, next to Brickell Avenue. Those are stand alone special districts that are their own zoning districts. These particular overlays or the two SD districts that he has over the office, which is the SD-3 and SD-19, are only overlay districts. The underlying district is office. If you look at Article Four, it tells you what different zoning districts fall under, like residential, office, commercial, industrial. Overlay districts aren't mentioned at all. And the reason for that is, it was the intent of the zoning ordinance that overlay districts are not zoning districts. They're a particular overlay because you have JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to develop under the underlying zoning district which is office. So in this particular instance, yes, we gave him that ten percent because it has been determined and interpreted many times that the SD overlays are not districts but actually overlays. MR. FITZSIMMONS: Is that decision in writing? MR. GONZALEZ: No. It's a decision done by precedent but not by writing. MR. FITZSIMMONS: It's never been an appealable decision? MR. GONZALEZ: It's never been an appealable decision. MR. FITZSIMMONS: Your testimony is this special district is not a special district? MR. GONZALEZ: That this special district is an overlay, not a district, correct. MS. MARRERO-TREHY: Mr. Chair, again, pardon the interruption. I don't believe either Ms. Slazyk or Mr. Gonzalez has stated their credentials for the record. Since they are the expert testimony on the city's behalf, if they could do so at some point, whether that be now or at the end. CHAIRPERSON BARKET: Would you as the city attorney ask them? JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARRERO-TREHY: Certainly. Ms. Slazyk, could you please state your credentials? You were the individual who granted the Class Two permit on this project as director? MS. SLAZYK: Yes. I granted it for the director. The acting director was Christina Cuervo. My credentials. I have a bachelors degree in architecture and planning from the University of Miami, and I've been with the City of Miami Planning Department for 14 years. CHAIRPERSON BARKET: Robert, would you stipulate to her qualifications? MR. FITZSIMMONS: Yes, I'll stipulate to her qualifications. CHAIRPERSON BARKET: Would you stipulate to Juan Gonzalez' qualifications? MR. FITZSIMMONS: Yes. Yes, I will. CHAIRPERSON BARKET: Thank you. MR. FITZSIMMONS: Before I proceed, I want to advise the board that there is in the package ordinance, a copy of ordinance number 914.2 which is the Metrorail bonus which states, "This provision shall not apply to existing R-1, R-2, R-3 and special districts." Now, the hotel that's being built on this property is considered a residential use? JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- !r� 83 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GONZALEZ: Correct. MR. FITZSIMMONS: So when we calculate floor area ratio, we use the calculation for residential? MR. GONZALEZ: Correct. MR. FITZSIMMONS: Is it correct that that reads that that will be the sum of all areas for residential use on all floors of the building, measured from the outside faces of the exterior walls or windows, including interior and exterior halls, lobbies, enclosed porches and enclosed balconies. MR. GONZALEZ: That is part of the definition, correct. MR. FITZSIMMONS: It does include the lobby which is on the first floor? MR. GONZALEZ: It is part of the definition, correct. MR. FITZSIMMONS: It does include the hallways which is part of the second, third and fourth floor. MR. GONZALEZ: Correct. MR. FITZSIMMONS: So just the second, third and fourth floor has almost 45,000 square feet in a district that allows 18,000 square feet of floor area ratio? MR. GONZALEZ: Correct. You also have to remember that there are some acceptable areas that are excluded. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And it says, if you continue that definition, floor area, residential, it says, not countable as residential floor area are open terraces, patios, balconies, carports, garages, breezeways, tool sheds, special purpose areas for common use of occupants, such as recreation room or social hall, space for therapy, examination and group care, housing, basement space not used for living accommodation, stairways, elevator shafts, mechanical rooms or any commercial or other non-residential space. MR. FITZSIMMONS: Other than mechanical rooms and elevator shafts, perhaps stairs, are there any other excepted items on those pages? MR. GONZALEZ: Any part of the commercial component of the actual hotel plan, any type of mechanical rooms. MR. FITZSIMMONS: My question to you is other than perhaps mechanical room and an elevator shaft and maybe stairs, are there any of those other types of items on the second, third and fourth floor of this project that total approximately 45,000 square feet? MR. GONZALEZ: I don't know. We would have to look at the plans. There might be some other exceptions but those basically are the main exception. MR. FITZSIMMONS: Did you render a decision on the plans in this particular property as to whether it met the zoning code? JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GONZALEZ: Once the department signs off, we're saying it does meet the zoning code. MR. FITZSIMMONS: Did you sign off? MR. GONZALEZ: Yes. MR. FITZSIMMONS: Did you do that yourself? MR. GONZALEZ: The Class Two Special Permit? I don't recall if I did it personally or one of my staff, but it has been reviewed by me. MR. FITZSIMMONS: So you reviewed the second, third and fourth floor? MR. GONZALEZ: Correct. MS. MORALES: This is taking the tone of a trial. I mean -- MR. FITZSIMMONS: Next question, different topic. This abuts -- MS. MARRERO-TREHY: I think the members -- apologies. I believe the member's concern is that it's starting to sound a little argumentative. And that is a proper objection that you may have, but counsel has indicated he's moving on to a different question. MR. FITZSIMMONS: That's correct. The next question is: Are you familiar with section 907.3 of the code? Do you know the height of this building to be approximately 54 feet? MR. GONZALEZ: To the top of the tower, 54 feet, I JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98 783 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe. MR. FITZSIMMONS: Which is the height of the building as far as you're concerned? MR. GONZALEZ: It's usually measured to either the last tie beam, so it's probably less than that. MR. FITZSIMMONS: About 50 feet, 52? MR. GONZALEZ: About 50 feet. MR. FITZSIMMONS: If we look at Section 907.3, does this not require this building be set back an extra foot for every two feet in height over 40 feet, so we would have to go back more than the required 20 feet an additional five feet? MR. GONZALEZ: That was part of the Class Two process. There's also another section that says that you can waive yards when the owner has common ownership, and in this particular case part of that Class Two was to waive those yards. MR. FITZSIMMONS: So you're stating that your interpretation is that when you have a lot that separates zoning districts that Section 907.3 does not apply? MR. GONZALEZ: 907.3 does not apply. There's actually -- and this actually was included as part of the Class Two, that when you have lots in common ownership, and it says where district boundaries divide lots in common ownership, and this is the case in R-1 and office, JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it says in such boundaries the omission of yards, that may be authorized only by a Class Two Special Permit. 908.13. MR. FITZSIMMONS: The last point is, you are allowing the developer in this case to utilize FAR on a single family zone lot in order to increase the size of a hotel use on an 0 zone lot? MR. GONZALEZ: With a unity of title that becomes one parcel of land, that's correct. MR. FITZSIMMONS: Now, are you familiar with section 903.1 of the code which provides that where a project is designed as a single site and it occupies lands divided by district boundaries, the entire site may be developed under the conditions of the less intense district by Class One. MR. GONZALEZ: I'm familiar with that. MR. FITZSIMMONS: Is there a Class One Special Permit? MR. GONZALEZ: No, there's not because he is not developing under the less intense, he's developing under -- he did not use that section. It was not to his convenience to use it, and it's not required to be used. That's only if you divide at the less intense. MR. FITZSIMMONS: You're saying if he was going to develop the office zoning as single family, he would have JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to get a special permit, but if he has to develop the office using the residential zoning, he doesn't need it? MR. GONZALEZ: He couldn't develop the office use in the residential. He can only get the FAR. The use is still not allowed under the R-1. MR. FITZSIMMONS: Wouldn't that require an amendment to the comp plan to allow residential FAR to be put into an office zoning? Is that a zoning change? MR. GONZALEZ: No, not in my opinion, because you're only using the FAR. MR. FITZSIMMONS: Thank you. Just in closing, Mr. Chairman, I mean, even on the top three floors we're looking at 45,000 square feet. Even under their definition of FAR, you're allowed 18,155 square feet. You can't include residential lots in the FAR of a commercial property. That's a de facto zoning change. It requires an amendment to the comp plan. And you all know that even without considering the first floor, 45,000 square feet, you don't have 17 or 18,000 square feet of mechanical rooms, stairs, and what's the other exception, elevators. The project is way too large. The reason the overlay district was put on there, it is a special district. It was put over there to keep the project abutting a single family residential area from getting too JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 large. It should be 18,000 square feet. It shouldn't be allowed to be 50 some odd square feet by making these interpretations. The city is in enough trouble for not following the letter of the law. I'm asking you build the hotel, just build it within the FAR restraints of the code. MR. GONZALEZ: Mr. Chairman, may I answer that real quick? MS. MARRERO-TREHY: Just one second before you answer. Mr. Chair, if I could -- again, at the beginning of Mr. Fitzsimmons' presentation, he indicated he was addressing this board as counsel for several clients he is representing. This last bit of information appears to be testimony. Mr. Fitzsimmons appears to be testifying, and if so, maybe he should be sworn in as providing the testimony on his behalf if he wants this board to rely on. CHAIRPERSON BARKET: Wait a minute. I appreciate that. I agree with you wholeheartedly, but he's paying $600 to say his words. The city can use the money and I'm going to let him talk and talk and talk. I've always said a lawyer who asks questions and don't know the answers, he better keep his mouth shut. Now, Mr. Gonzalez, you want to rebut. I'm going to give you two minutes. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98 783 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GONZALEZ: We're two steps away from a heat stroke, Mr. Chairman, so I'll be quick. Let me just restate, none of these are interpretations. I want to make clear that these are sections I read out loud. None of this has been interpreted by me. It's verbatim. Basically what the ordinance says has been used through precedent through many years. None of these are our interpretations. I did not have to make an interpretation, but actually verbatim, written and interpreted as written in the zoning sections. CHAIRPERSON BARKET: Mr. Gonzalez, I'll speak for the board as the chairman. I think each one of us saw and took personal observation that you were reading it from the code and -- MR. GONZALEZ: I appreciate that. MR. PELLON: Now, do you want two minutes, please? MS. SLAZYK: Yes, less than that, actually. I want to clarify that the 18,000 some odd square feet that he keeps referencing is an FAR number based on a certain size of a lot. That was not taking into consideration that the size of the property increased; therefore, the gross lot area increased and bonuses were in there, and 18,000 some odd thousand square feet that he keeps referencing is not the total allowable FAR. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON BARKET: You said it before and I understand it. Now, is there anyone else, Mr. Fitzsimmons, that's going to speak on your behalf here? MR. FITZSIMMONS: No. CHAIRPERSON BARKET: Vicky, are you on the opposite side? MS. LEIVA: Yes, sir. CHAIRPERSON BARKET: Will you please go at the head of the table and tell us -- MS. LEIVA: Mr. Chairman, I would be very willing to allow the board a few minutes to go outside. CHAIRPERSON BARKET: Finish talking. We want to finish this and then all of us go out there. You've got a suit on and I'm sure you're sweating just as much as we are. MS. LEIVA: I only perspire, sir. CHAIRPERSON BARKET: Then we'll take a five-minute break. MS. LEIVA: Then we'll take more time. For the record, Vicky Leiva with offices at 2500 First Union Financial Center. And first of all, Mr. Chairman, I would like to apologize to the board because for the last two continuances we kept telling you that we had or we were JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 working on a settlement, and in fact I was informed by Mr. Fitzsimmons a few days ago, about a week ago, that in fact his homeowners group had met and had come up with seven terms which would be acceptable -- that would be accepted by the homeowners group if it was acceptable to my client. My client and I discussed it. My client accepted those seven terms. Mr. Fitzsimmons asked me to go ahead and clean up the language from the laundry list he had sent me and to go ahead and put that in the form of a covenant. I did that and sent Mr. Fitzsimmons a covenant with all of the terms. For the record, I'd like to introduce copies of that laundry list into the record. I would also like to introduce the draft of the document. CHAIRPERSON BARKET: City attorney. MR. FITZSIMMONS: Settlement discussions are not -- CHAIRPERSON BARKET: Wait a minute. Can we accept that? As I understand the law, settlement discussions cannot be -- MS. MARRERO-TREHY: Settlement discussions, if there's some confidentiality required to them, certainly should not be. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 78� 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Was there any confidentiality agreement between the parties? MS. LEIVA: No, ma'am. MS. MARRERO-TREHY: Counsel? MR. FITZSIMMONS: We've had settlement discussions in the past. They've always been conditioned on confidentiality; with the same developer. CHAIRPERSON BARKET: I'm overruling. Go ahead and pass them out. Go ahead and speak. MS. LEIVA: Here is the document that was prepared. And subsequent to that, when I thought we were ready to settle this matter, I received a letter from Mr. Fitzsimmons, and I would like to read that into the record. "Dear Ms. Leiva: This letter follows -up our recent settlement discussions. Please note in the review of my file, I note that there is a hearing set on the lawsuit filed against me individually on June 16th, 1998." Now, this has no bearing whatsoever on this appeal and these negotiations. "Please advise Mr. Rua that in order to continue settlement discussion, it will be necessary that he voluntarily dismiss this case as well," referring to the case between Mr. Rua and Mr. Fitzsimmons as an individual. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "In addition, please also cancel the hearing set for tomorrow." In other words, this letter said I refuse to negotiate with you any further unless -- on behalf of my clients on this appeal unless you dismiss the lawsuit against me as an individual. That concerned me a great deal because it's very hard for me to negotiate and to try to satisfy the concerns of the homeowners association and the neighbors if in fact I don't have anyone to negotiate with. But be that as it may, since we could not get an executed document, I have no options but to go through this hearing and this process and take your time to discuss the following: There were nine items raised on that appeal by Mr. Fitzsimmons. The first one was approval granted on incorrect or incomplete plans. Please be advised that Dixie Grove had a determination of completeness pursuant to 1304.2.2. The city code under which your staff functions specifically says that the staff cannot accept an application for review until it deems it complete. So by the very acceptance of the fees and the application and the commencement of the review, there is JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 completeness determination pursuant to your code. Therefore, his first issue on appeal fails. Number two, it says, violates code and covenant restriction from structure within 20 feet of property line. Unbeknownst to my client and to the staff, there was an old covenant from when this property was rezoned from duplex, I believe, to office in 1992. When that was brought to our attention, the plans were revised, the correct separation from the boundary line of 20 feet was achieved, and the plans that were actually approved by Lourdes Slazyk conform and comply with the requirements of that previous covenant on the property. Therefore, that also fails. Item number three talks about incorrectly including R-1 lots in Class Two permits and in FAR calculation. I am not going to repeat because I could not have said it better than your own experts just explained that to you. And based on your expert testimony of your staff, item number three also fails. Item number four: Incorrectly integrates rather than separates office and R-1 lots. Once again, your staff spoke to that. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Not only that, but there's a CBS block wall as required in the separation of the two zones, and that is included in the plans. So number four also fails. Number five: Incorrectly calculates and exceeds permitted FAR. Once again, you heard it from your experts. It fails on its face. Number six: Proposed structure is inappropriate for its location and in excess of permitted FAR. It's almost the same -- saying the same thing as the previous one. And once again, your staff explained that to you. Number seven: Landscape plans are inadequate. If you will see the Class Two permit that was issued by your planning department, it was issued on the condition that even though the plan submitted and approved meet all of the landscaping requirements, staff would still require from the applicant to come back with a spruced up, more dense foliage for the landscape in the lot. And that is a condition of approval, and my client, of course, is willing to satisfy that condition. Number eight -- so by the way, number seven also fails. Number eight: Failed to give consideration to JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 advice and information received from referrals to Northeast Coconut Grove NET office and Urban Review Board. You heard Lourdes Slazyk address the issue of the UDRB, the Urban Design Review Board, and the fact that that information was used and the comments of that board for her to make her decision and that also it's discretionary, not mandatory to be followed. Also, information given to the NET office is exactly that, advice, but the decisions until I last checked the code of the City of Miami for Class Two permit rests with the Planning Department that issued this Class Two permit and not with the NET office. So number eight also fails. And number nine: Fails to meet required off street loading requirements. That falls within the purview of your zoning administrator. That was part of the zoning write up and it was part of the approval under the Class Two. So that also fails. So nine out of nine. I think you all that's a strike out. My concern is that those individuals who don't want to understand what they're told will never accept or understand what they hear. We've been dealing with this issue as Ms. Slazyk told you since 1996 with first an appeal to the Circuit JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Court which is still pending since 1996, and the actual lawsuit was commenced in 197. My client made an extra effort to listen to the transcript from the depositions by Mr. Gray, one of the parties in interest and the closest neighbor for the property when he said I didn't have a problem with a four-story hotel, and at great deal of cost to him he came back through the city's process for exactly that, a four-story hotel in an effort to accommodate the neighbors, in an effort to facilitate this process. And so what did we get for it? We got the four-story hotel also appealed. And the issues on appeal I just showed you, mostly based on the testimony of your own city staff, fails each and every one. I don't think I can say it better than your staff. I think this is a slam appeal. I think this is further attempt to delay my client. You need to understand that when a developer purchases land, as is the case here, he has financial obligations. When someone appeals one of these decisions other than a simpl.e 500 dollar fee, there is no other cost to them. So the only one here that has been put in a hardship situation is my client by having this hotel, which is smaller than the hotel that was approved across JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 9 8 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the street, the Hampton Inn, in a very vicarious situation. I beg you to deny this appeal. Thank you. CHAIRPERSON BARKET: I'm going to disagree with you on one thing. You said when nine out of nine fail, it's is strike out. According to my rules, when three fail, it's a strike out. Mr. Fitzsimmons, I'm going to give you two minutes. MR. FITZSIMMONS: Two minutes is all I ask for. First of all, the Hampton is in a totally different zoning district so it does not apply in this case. I'm glad the developer was sensitive to the needs by giving us a 50,000 square foot hotel instead of an 18,000 square foot hotel. And yes, Mr. Rua did sue me personally basically alleging that I'm stopping his project. In fact, when negotiations broke down, he delivered a letter to the managing partner of my firm today asking for our malpractice insurance coverage. I guess he wants his project. But all I'm asking to you do is look at the code straight. I gave you provisions. Can you use residential to make a bigger hotel? Can you dance around the provision that says you have to JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 include the hallways and rooms. And you have 45,000 square feet in three floors. You can't build that even including the residential lots. You have a total of 32, including the residential lots, so he can't build this hotel as structured. It should not have been granted, and I would appreciate if you would look at those provisions and make your decisions based on the provisions. CHAIRPERSON BARKET: I'm closing it to the public; opening it up for motions or discussions to the board. MR. MORAN-RIBEAUX: I'd like to make a comment. I heard arguments pros and cons. A lot of the things that I heard actually I either have to take the department's side or have to take his side. After seeing a couple of things here, I'm going to go for the department's side. So I'm going to make a motion -- CHAIRPERSON BARKET: Granting the appeal or denying? MR. MORAN-RIBEAUX: I am making the motion to deny the appeal and to approve the Class Two. CHAIRPERSON BARKET: You're motion is to deny the appeal? MR. MORAN-RIBEAUX: Yes, sir. CHAIRPERSON BARKET: Do I hear a second? MR. OBREGON: I'll second. JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 98- 783 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON BARKET: There is a motion and a second to deny the appeal. Call the roll, please. THE CLERK: Mr. Moran? MR. MORAN-RIBEAUX: Yes. THE CLERK: Mr. Obregon? MR. OBREGON: Yes. THE CLERK: Mr. Pellon? MR. PELLON: Yes. THE CLERK: Mr. Pina? MR. PINA: Yes. THE CLERK: Ms. Morales? MS. MORALES: Yes. THE CLERK: Ms. Basila? MS. BASILA: Yes. THE CLERK: Mr. Barket? CHAIRPERSON BARKET: Yes. THE CLERK: Motion passes unanimously to deny the appeal and uphold the Class Two special permit. CHAIRPERSON BARKET: Let's go into the other room. THE CLERK: This decision is final unless appealed in my office within 15 days. (Thereupon, the hearing on this matter was concluded) JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA r�® - 783 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF FLORIDA ) COUNTY OF DADE ) CERTIFICATE OF NOTARY ss. I, AMAR KREDI, Registered Professional Reporter, Certified Shorthand Reporter and Notary Public in and for the State of Florida at Large, do hereby certify that I reported the foregoing meeting of the City of Miami Zoning Board at the time and place aforesaid, and that the foregoing pages, numbered from 1 to 42, inclusive, constitute a true record of an excerpt from said meeting as stenographically recorded by me; and that this computer -assisted transcript was prepared under my supervision. I further certify that I am not an attorney or counsel of any of the parties herein, nor a relative or employee of any attorney or counsel connected with the action, nor financially interested in the action. I further state that I do not certify as to the authenticity of any copies not personally signed and sealed by me. WITNESS my hand and official seal in the City of Miami, County of Dade, State of Florida, this 29th day of June, 1998. AMAR KREDI Registered Professional Reporter Certified Shorthand Reporter and Notary Public in and for the State of Florida At Large My Notary Commission Expires: May 16, 2000 OFFICIAL NOTARY SEAL 1PRY PU6ei AMAR KREDI 2 1,q1 n cowmewAmWNBER AC CC553851 y,� OQ4 MY CMOAM 0 000 Pints OF F� JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA `- '7S3 SENT BY: 6- 9-88 : 1: 48RW : CONNELL V -R ! tr'S 305 374 75934 # 2/ 2 MARLOW, CONNELL, VALERIUS ABRAMS, ADLER & NF.WMAN ATI'ORNEYS A'1' LAW Seth Abrams Grove Professional Building • Suite 200 Joel D. Adler 2950 Southwest Z7th Avenue Andrew S COaaelt Coconut Grove Samuel S. Lewis Robert Scott Newman M1=4 Florida 33233-3776 Luis E. Ordodsx Telephone (305) 446 - 0500 Thomas F. Vslerius Talecopier (305) 446 - 3667 Telecopicr (305) 443 - Z303 Horner L. Marlow of Counsel Mailing Addrtes Post Office Box 339075 Mural, Florida 33233- 9075 June 9, 1998 VIA FAX NQ: 374.7593 Ms. Vicky Levia RE: Class II Special Permit Application No. 98-0022 2630 S.W. 28th Street Dear Ms. Levia: Ana M. Castro Rafael Cruz -Alvarez J• Ronald neaman William O. Edwards Lars J. Eisner Robert V. Fitssimrnons Catherine F Koch Donald A. Koss William G. Lutun Michael C. Rotunno Melbss A. 3chlutow Howard A. Stoat Jose L. Valdes Writoes 01rect Line: (305) 4e"640 This letter follows -up our recent settlement discussions. Please note that in a review of my file, I note that there is a hearing set on the on June 16, 1998.willobe In addition, please also cancel the hearing set for tomorrow. I look forward to working with you in resolving this matter. Very truly yours, 04:-, ROBER'T V. FI TZSIMMONS RVF/ndv C t' C,erk 98- 783 DRAFT This instrument was prepared by: Name: A. Vicky Leiva Address: Bilzin Sumberg Dunn Price & Axelrod, LLP 2500 First Union Center Miami, FL 33131 (Space reserved for Clerk) W XWEXAl "; KNOW ALL ME BY THESE PRESENTS that the undersigned, Owner(s) of the following described property (the "Property"), lying, being and situated in Miami, Florida, to wit: LOTS 3, 4, 5, 6 OF BLOCK 2, KING SUBDIVISION, BOOK , PAGE PUBLIC RECORDS OF DADE COUNTY WHEREAS, the property abuts the properties owned by and Marmish, being legally described as follows: PLEASE SUPPLY LEGAL DESCRIPTION AND ADDRESSES (hereinafter called "Neighbors"). Gray IN ORDER TO ASSURE the Neighbors that the representations made by the Owner will be abided by the Owner freely, voluntarily, and without duress, Owner enters into the following Covenant covering and running with the Property: 1. Owner shall build a hotel in accordance with the plans approved by Special Permit lass II 98-0022, said plans attached hereto and made a part of this Covenant by reference. 2. Owner shall develop Lots 19 and Lot 20, Block 2 of King Park Subdivision as single family residences, the total combined size of the two residences shall not exceed 3,600 square feet of floor area ratio. G ADMS\73190\ 10199\0193280.01 6/4/98 98- 783 DRAFT" Declaration of Restrictions Page -2- 3. Owner shall operate a restaurant/bar not to exceed a total of 48 seats and said restaurant/bar area shall not exceed 1,000 square feet of space. Hours of operation of the restaurant/bar shall be 6:00 a.m. to 12 midnight. There shall be no live music or dancing. 4. Owner shall erect and maintain a six (6) foot masonry wall on the property line between the Hotel property and Lots 19, 20 and 21, Block 2, King Subdivision. The masonry wall shall be built prior to the commencement of the Hotel construction, except that a twenty- five (25) foot wide opening will be permitted to facilitate construction. A six (6) foot wood fence shall be built on the property line between Lots 18, 19 and 20 pursuant to the legal description of record for each lot and full compliance with the City of Miami Code. 5. Owner shall assist in the street closure proposed by the neighbors in the following manner: A. A cash contribution of $5,000 to the Grove Park Homeowners Association; B. A match of $5,000 for any monies over and above the contribution under item A above that the Grove Park Homeowners Association incur in processing the street closure. C. Owner shall landscape the street closure and or traffic diversion system at his discretion and cost. 6. Enforcement of the terms of this Covenant shall be by written notice of violation to the Hotel Owner/Operator. Owner/Operator shall have thirty (30) days to correct said violation or submit to neighbors proof of work to be performed to correct said violation. Neighbors may seek to enforce the terms through binding arbitration. Prevailing party in arbitration proceeding shall be entitled to recover such sum as the Arbitrator may adjudge to be reasonable for the costs incurred in such action. 7. Owner shall not permit valet parking off the property. G:\DMS\73190\10199\0193280.01 6/4/98 98783 DRAFT Declaration of Restrictions Page -3- 8. Owner shall contribute to the neighbors an amount equal to $5,000 to cover the cost of legal services. Covenant Running with the Land. This Covenant on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect for the duration of the natural life of the Neighbors or until they no longer reside at their properties as identified on Page 1 of this Covenant, whichever occurs first. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion thereof, by a written instrument executed by the, then, Owner(s) of the Property and the Neighbors. [THIS SPACE INTENTIONALLY LEFT BLANK] G:\DMS\73190\10199\0193280.01 6/4/98 9 783 DRAFT Declaration of Restrictions Page -4- Recording. This Declaration shall be recorded, at Owner's expense, in the public records of Dade County, Florida. Signed, witnessed, executed and acknowledged this day of , 1998.. Witnesses: Print Name: Print Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) As to Owner: The foregoing instrument was acknowledged before me this day of by , who is personally known to me or has produced identification. Notary Public Name: Commission Number: My Commission Expires: G:\DMS\73190\10199\0193280.01 6/4/98 1998, as 98! VS DRAFT Declaration of Restrictions Page -5- Recording. This Declaration shall be recorded, at Owner's expense, in the public records of Dade County, Florida. Signed, witnessed, executed and acknowledged this day of , 1998. Witnesses: Print Name: Print Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) As to Neighbor: The foregoing instrument was acknowledged before me this day of , 1998, by , who is personally known to me or has produced as identification. Notary Public Name: Commission Number: My Commission Expires: G:\DMS\73190\10199\0193280.01 6/4/98 9 783 DRAFT Declaration of Restrictions Page -6- Recording. This Declaration shall be recorded, at Owner's expense, in the public records of Dade County, Florida. Signed, witnessed, executed and acknowledged this day of , 1998. Witnesses: Print Name: Print Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE ) As to Neighbor: The foregoing instrument was acknowledged before me this day of by , who is personally known to me or has produced identification. Notary Public Name: Commission Number: My Commission Expires: G:\DMS\73190\10199\0193280.01 6/4/98 1998, as 98- 783