HomeMy WebLinkAboutR-96-0485RESOLUTION NO.9 6 - 485
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING
THE DECISION OF THE ZONING BOARD TO GRANT A
SPECIAL EXCEPTION AS LISTED IN ORDINANCE
NO. 11000 IN 1991, ARTICLE 6, SECTION 614,
SUBSECTION 614.3.2.1(3) TO ALLOW THE RENEWAL
OF AN EXISTING DRIVE -THROUGH FACILITY
APPROVED BY THE CITY COMMISSION ON
FEBRUARY 28, 1991 BY CITY COMMISSION
RESOLUTION NO. 91-176, PER PLANS ON FILE, FOR
A PERIOD NOT TO EXCEED 5 YEARS, FOR THE
MCDONALD'S RESTAURANT PROPERTY LOCATED AT
1400 SOUTHWEST 8TH STREET, MIAMI, FLORIDA;
ZONED SD-14 AND SD-14.1 LATIN QUARTER
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL
DISTRICTS, PER PLANS ON FILE, AND WAIVING
INDEFINITELY THE FIVE YEAR RENEWAL
REQUIREMENT, SUBJECT TO A TIME LIMITATION OF
12 MONTHS IN WHICH REPAIR PERMITS MUST BE
OBTAINED, AND ALL OF THE CONDITIONS SET FORTH
ON EXHIBIT "B", ATTACHED HERETO AND MADE A
PART HEREOF.
WHEREAS, the Miami Zoning Board at its meeting of
May 20, 1996, Item No. 4, duly adopted Resolution No. ZB 52-96 by
an eight to zero (8-0) vote, granting a special exception as
hereinafter set forth; and recommending the waiver, for an
indefinite period of time, of the five year renewal period; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the special exception as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of
this matter, finds that the application for a special exception
IATTACHMENT (S)I
CONTAINED
CITY COMMISSION
MEETING OF
JUN271996
utim No.
95- 485
meets the applicable requirements of Zoning Ordinance No. 11000,
as amended, and deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
approve the special exception and to affiz�n the decision of the
Zoning Board and to waive, for an indefinite period of time, the
five year renewal requirement;
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 grant a
Special Exception as listed in Ordinance No. 11000 in 1991,
Article 6, Section 614, Subsection 614.3.2.1(3), to allow the
lrenewal of an existing drive -through facility approved by the
City Commission on February 28, 1991 by City Commission
Resolution No. 91-176, per plans on file, for a period not to
l
exceed five (5) years, for the McDonald's restaurant property
located at 1400 Southwest 8th Street, Miami, Florida, more
particularly described as set forth on Exhibit "A", attached
hereto and made a part hereof, zoned SD-14 and SD-14.1 Latin
Quarter Commercial -Residential and Residential Districts, per
plans on file, and waiving indefinitely the five (5) year
I
renewal requirement, subject to a time limitation of twelve
(12) months in which repair permits must be obtained, and all
I of the conditions set forth on Exhibit nB attached hereto and
— 2 —
95- 485
made a part hereof, is hereby affirmed and the Special
Exception is hereby granted.
Section 3. This Resolution shall) become effective
immediately upon its adoption. +
PASSED AND ADOPTED this 27th day 4f ___June 1996.
ATTES
WALTER J. FO MAN
CITY CLERK -
PREPARED AND APPROVED BY:
AOLA-
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A/. INN J ES-, -III
(1 CI'A EY
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0 GORT, VICE -MAYOR
95- 485
PORTI s of LOTS 9. 10, 11, 12, 13, 14, 17, 18 AND
FA
LAT V CADO PARK', ACCORDING TO THE PLAT THEREOF
0OKAT OA GE 68 OF THE PUBLIC RECORDS OF DADE COUNTY,
PARTICULARLY DESCRIBED AS FOLLOWS:
19, BLOCK 1, "AMENDED
S RECORDED IN PLAT
LORIDA, BEING MORE
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 00'-34'-37" EAST
ALONG THE EAST LINE OF SAID LOT 19 FOR 50.00 FEET TO THE SOUTHEAST CORNER
THEREOF; THENCE SOUTH 89 32'-21" WEST ALONG THE SOUTH LINE OF SAID LQT 19
j FOR 150.06 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00'-35 -00"
WEST ALONG THE WEST LINE OF SAID LOTS 17 18 AND 19, ALSO BEING THE EAST
RIGHT-OF-WAY L NE OF SW 15TH AVENUE FOR 1 0.00 FEET TO THE NORTHWEST CORNER
OF SAID LOT 1 , THENCE NORTH 89 -32 -21 EAST ALONG THE NORTH LINE OF SAID
Loj 17�FOR „100.0% FEET TO THE SOUTHWEST CORNER OF SAID L1.0
14 THENCE NORTH
00 -34 -37 WEST ALONG THE WEST LINE OF SAID LOT '14 FOR b FEET TO A
POINT BEING 15.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 14; THE
FO LOWING THREE (3) COURSES BEING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
S.IW. 8TH STREET AND WESTERLY RIGHT-OF-WAY LIN OF SW 14TH AVENUE AS
DESCRIBED IN OFFICIAL RECORD BOOK 12797 AT NE 3�9 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; (1) THENCE NORTH 892'-21" EAST ALONG A LjNE QQEIN
PARAL4EL WITH AND 15.00 FEET SOUTH OF THE NORTH LINE OF SAID LOTS 11, lL, 1
AND 14 FOR 185.23 FEET TO A POINT OF CURVATURE; (2) THENCE EASTERLY AND
SOUTHERLY ALONG A 1Q.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A
CENTRAL AN LE OF 89-53'-24" FOR AN ARC OF 15.69. FEET TO A POINT OF
TANGENCY; (3) THENCE SOUTH 00'-34'-15" EAST ALONG A LINE 5.00 FEET WEST gF
TI{F� AST LINE OF SAID LOTS 9, 10 AN 11 FOR 215.02 FEET' (THENCE SOUTH 89 -
32 -21 WEST ALONG THE SOUTH LINE OF SAID LOT 9 FOR 14�.06 FEET TO THE POINT
OF BEGINNING.
ALL OF THE ABOVE LYING AND BEING IN SECTION 11, TOWNSHIP 54 SOUTH, RANGE 41
EAST, CITY OF MIAMI, DADE COUNTY, FLORIDA.
EXHIBIT "A"
96— 485
4=
CONDITIONS
11�
1. That additional trash bins be provided for the outdoor eating area, as needed, so
that all the trash generated by outside eating can be disposed of appropriately.
2. That all the signs on the premises be maintained in good condition and that the
drive -through freestanding sign and the "McDonald's" sign on the west wall of the
premises be repaired and restored to their original condition.
3. That the damaged roof tiles existing on the structure be repaired or replaced and
that the roof be maintained in good repair.
W888aGMM
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EXHIBIT "B"
95- 485
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
REQUEST
ZONING FACT SHEET
1400 S.W. 8th Street
(Complete legal description with the Office of Hearing Boards).
PZS7
McDonald's Corporation Lydia G. Belusko (agent)
5200 Town Center Circle, #600
Boca Raton, FL 33486
(407) 391-8003
SD-14 and SD-14.1 Latin Quarter Commercial -Residential, and Residential Districts.
Special Exception as listed in Ordinance No. 11000 in 1991, Article 6, Section 614,
Subsection 614.3.2.1 (3)-to allow the renewal of an existing drive-thru granted. by
the City Commission on February 28, 1991 by CC Resolution 91-176, for the McDonald's
restaurant on above site, as per plans on file; said renewal to be for a period not
to exceed five years and subject to City Commission approval.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval with conditions.
PUBLIC WORKS No comments
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No comments
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine:
Total Fines To Date: N/A
CEB Action: N/A
Found: N/A
$0.00 Lien Recorded On: N/A
HISTORY On January7 1991 the Zoning Board ranted this Special Exception b Resolution -
g g p p y i n ZB 3 91, with
approval by the City Commission for a period not to exce ' g (5) years from the date the
certificate of occupancy was issued.
ANALYSIS Please see attached.
Granted for twelve(12) months in which repair permits must be obtained subject
to conditions.
N/A.
95- 474 Page 1 May 20, 1996 9 6- 485
ANALYSIS FOR SPECIAL EXCEPTION
1400 SW 8`h Street
CASE NO: 95-474
Pursuant to Article 6, Section 614 of Ordinance 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, the subject property has been reviewed for a requested special exception, to extend a
special exception granted for an existing drive -through restaurant, as follows:
The following findings have been made:
• It is found that the subject restaurant is operating successfully and is well maintained.
• It is found that there are insufficient trash disposal bins available in the outside eating area and as a
result some of the trash is left on the tables or falls to the floor.
• It is found that at least two of the signs in the facility are in need of repair and maintenance work;
specifically, the drive -through freestanding sign and the McDonald's sign on the west wall.
• It is found that some roof tiles are broken or cracked and are in need of repair.
• It is found that the successful operation and the state of good repair manifested by this establishment
merit that the condition imposed on approval that a review be conducted every five years be lifted and
that subsequent maintenance items be addressed as a matter of routine code enforcement.
Based on these findings, the Department of Community Planning and Revitalization is
recommending approval of this application subject to the following conditions:
That additional trash bins be provided for the outdoor eating area, as needed, so that all the trash
generated by outside eating can be disposed -of appropriately.
2. That the signs mentioned above, in the "findings" section, be repaired and restored to their original
condition.
3. That the damaged roof tiles be repaired or replaced and that the roof be maintained in a state of good
repair.
3
485
w�
Mr. George Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 52-96
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED
APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION
AS LISTED IN ORDINANCE NO. 11000 IN 1991, ARTICLE 6,
SECTION 614, SUBSECTION 614.3.2.1 (3) TO ALLOW THE
RENEWAL OF AN EXISTING DRIVE-THRU GRANTED BY THE CITY
COMMISSION ON FEBRUARY 28, 1991 BY CC RESOLUTION 91-176,
AS PER PLANS ON FILE; SAID RENEWAL TO BE FOR A PERIOD NOT
TO EXCEED FIVE YEARS AND SUBJECT TO CITY COMMISSION
APPROVAL FOR THE MCDONALD'S RESTAURANT LOCATED AT 1400
S.W. 8TH STREET LEGALLY DESCRIBED AS "EXHIBIT A" HEREBY
ATTACHED PUBLIC RECORDS OF DADE COUNTY; ZONED SD-14 AND
SD-14.1 LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS. THIS SPECIAL EXCEPTION WAS
RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS
ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH REPAIR PERMITS MUST BE OBTAINED, AND IT IS SUBJECT
TO THE CONDITIONS 1, 2 AND 3 BY THE DEPARTMENT OF
COMMUNITY PLANNING AND REVITALIZATION HEREBY ATTACHED AND
THE FIVE (5) YEAR PERIOD RENEWAL TO BE WAIVED
INDEFINITELY.
Upon being seconded by Ms. Gloria Basila
the motion was passed and adopted by the following vote:
AYES: Mses. Basila, Hernandez & Morales.
Messrs. Barket, Gibbs, Goldstein, Luaces
& Moran-Ribeaux.
NAYES: None
ABSENT: Messrs. Carman & Crespo.
Ms. Fernandez: Motion carries 8-0.
May 20, 1996
Zoning Board
Item# 4
5
485
r �►-9 *00fli
1
PoRfI
S of Lois 9,p
F AV CADU PARK
10, 11,
ACCORDING
12, 13,
TO
14, 17,
PLAT
18 AND
19, BLOCK 1, "AMENDE!
ELA
OOK
AT AGE 68 OF THE
PUBLIC
THE
RECORDS
OF DADE
THEREOF
COUNTY,
S RECORDED IN PLA
�LORIDA, BEING MORI
PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER. OF SAID LOT 9; THENCE SOUTH 00°-34'-37" EAST
ALONG THE EAST LINE OF SAID LOT 19 FOR 50.00 FEET TO THE SOUTHEAST CORNEF
THEREOF; THENCE SOUTH 890-32'-21" WEST ALONG THE SOUTH LINE OF SAID LOT 11
FOR 150.06 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000-35 -00'
WEST ALONG THE WEST LINE OF SAID LOTS17 18 AND 19, ALSO BEING THE EAS1
RIGHT-OF-WAY L NE OF SW 15TH AVENUE FOR 1�0.00 FEET TO THE NORTHWEST CORNEF
OF SAID LOT 1 ; THENCE NORTH 89-32'-21" EAST ALONG THE NORTH LINE OF SAIC
LOg 17�FOR"100.07 FEET TO THE SOUTHWEST CORNER OF SAID Loz 14- THENCE NORTI
00 -34 -37 WEST ALONG THE WEST LINE OF SAID LOT 14 FOR 1L75.06 FEET TO P
POINT BEING 15.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT-14; THE
FOLLOWING THREE (3) COURSES BEING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
S.W. 8TH STREET AND WESTERLY RIGHT-QF-WAY LIN OF SW 14TH AVENUE AS
DESCRIBED IN OFFICIAL RECORD BOOK 1279( AT PA E 3�9 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; (1) THENCE NORTH 89% 2'-21"-EAST ALONG A L NE EINQ
!ARAL EL WITH AND 15.00 FEET SOUTH OF THE NORTH LINE OF SAID LOTS 1�, 1 , 1--
AND 14 FOR 185.23 FEET TO A POINT OF CURVATURE; (2) THENCE EASTERLY ANC
SOUTHERLY ALONG A 1Q.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A
CENTRAL AN LE OF 89-53'-24" FOR AN ARC OF 15.69. FEET TO A POINT OF
TANGENCY; �3) THENCE SOUTH 00°-34'-15" EAST ALONG A LINE 5.00 FEET WEST QF
TN� tAST LINE OF SAID LOTS 9, 10 AN 11 FOR 215.02 FEETTHENCE SOUTH 89.-�
32 -'21 WEST ALONG THE SOUTH LINE OF SAID LOT 9 FOR 14�.06 FEET TO THE POINT
OF BEGINNING.
ALL OF THE ABOVE LYING AND BEING IN SECTION 11, TOWNSHIP 54 SOUTH, RANGE 41
EAST, CITY OF MIAMI, DADE COUNTY, FLORIDA.
0
95- 485
I
Jr
ZONING BOARD ACTION Or PETITION FOR SPECIAL EXCEPTION
I move that the request on agenda -item be (denied)
(granted) in that the requirements of Section (were) (were
not) satisfied by relevant evidence in the record of the public
hearing.
a) as stated in the City's findings of fact, or
b) as demonstrated by the petitioner, or
c) on the basis of the following:
-----------------------------------------------------------------
The Zoning Board, in its decision to (grant) (deny) the special
exception, shall make written findings that the applicable
requirements of this Zoning Ordinance, Section 2305, (have) (have
not) been met.
Circle atroroyriatd conditions:
1305.1 Ingress and Egress.
Due consideration shall be given to adequacy of ingress
and egress to the property and structure and uses thereon, with
particular, reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
1303.2 Offstreet Parking and Loading
Due consideration shall be given to offstreet parking and
.loading facilities as related to adjacent streets, with
particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in
relation to access in case of fire or other emergency, and
screening and landscaping.
1303e3 Refuse and service areas.
_ Due consideration shall be given to the location, scale,
design, and screening of refuse and service areas to the manner
in which refuse is to be stored; and to the manner and timing of
refuse collection and deliveries, shipments, or other service
activities, as such matters relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining public ways.
1303.4 SL=s and lighting.
Due consideration shall be given to the number, size,
character, location and orientation of proposed signs, and of
proposed lighting for signs and premises, with particular
reference to traffic safety, glare, and compatibility and harmony
with adjoining and nearby property and the character of the area.
1
95- 485
1305.5 Utilities.
Due consideration shall be given to utilities required,
with particular reference to availability and capacity of
systems, location of connections, and potentially adverse
appearance or other adverse effects on adjoining and nearby
property and the character of the area.
1305.6 Drainage
Due consideration shall be given for drainage, with
particular reference to effect on adjoininq and nearby properties
and on general drainage .systems in the area. Where major
drainage volumes appear likely and capacity of available systems
is found marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other reo Lai
measures.
1303.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1305.8 Control of Mentiallr adverse effects generally.
in addition to consideration. of detailed elements
indicated above, as appropriate to the particular class or kind
of special permit and the circumstances of the particular case,
due consideration shall be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, seals or manner
of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances of the case,
including screening or buffering, landscaping, control of manner
• or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
nearby property.
:L/'
Item
96- 485
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I
APPLICATION FOR SPECIAL EXCEPTION
Pile cumber
,+tmlq t'e : ty generally, or .,thin certain son1149 districts,
:ertatn strictures, ales, and/or Occupancies specified in this
;rdlnancs are of &.nature requiring special and intensive review
to detervine Whether or not they should be permitted in specific
locations, and if so, the special limitations, conditions, and
safequa-as which should be Applied as reasonably necessary to
; rM to the general purposes of this Zoning Or'4inance, UM, in
particular, to protect adjoining properties and the neighborhoo6
from avoidable potentiaiiy adverse effects. It is further
intended that the expertise and ,udgeeant of the Zoning bard be
exercised in making such determinations, in accordance with the
rules, considerations maid limitations relating to Special
Exceptions. (See Article 16)
roree1 public notice and hearing is mandatory for Special
Exceptions. The Zoning Mart shall be solely respoeaible for
determinations on applications for Special Exeeptions. All
applications shall be referred to the director of the Oepartimt
of planning, luilding and Zoning for his recovow ations and the
director shall make any further referrals required by these
regulations.
1, Lydia G. Belusko.A� mfrasrvTT'}�11FCiWworAWrLonin� bard for
P,pproval of a Special Exception for property located at 1400 SW 8 Street
Mature of proposed Ulf (10 specific) Drive Thru Fast Food Restaurant
in support of this application, tM following material is sumitted:
X 1. Trap copies of a sur+rsy of the property prepared by A state of Florida
Registered Lad Susleyor.
2. Four copies oft the site plan shaving (AS repaired) p1'0041y boundaries,
existing (if any) and proposed stmacturs(s), , parking, landscaping
ate; building elevations and dinnsions and, cavitations of lot area
Am juilding spewing.
% 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (attach to applicatiaa)-
X 4. Certified list of ow"M of real estate within a 371-feet radius of the
® outside boundaries of property terrersd by the wlieatisC
Z S. At least t>ro photOOM01 that ON the entire PV"M (lad and isoMs-
�'�' moms).
6. Other (specify)
7. fee of io_ to &ply twMAK tho cwt of pzasing:
96- 485
Soeciii Exception .......................... S550.00
Surcharge equal to acalicable '" sroo itee above,
,ot to exceed six hundred ano fifty dollars ft6S0)
excect frg*e agencies of the city; such surcharge
to be refunded to the 400licant if there is no
&agea1 from a orocerty over within three humrsd
and seventy-five (37S) feet of the subject e11"rty.
(City Code • Section 62.61)
O+ w or Aut! i Yed agent
Ly a G. B usko, Agent
Nap McDonald's Corporation
Address 5200 Town Center Circle, #600
Baca Raton,
pie (407) 391-•8003
STATE OF FLORIDA)
SS:
I COUNTY OF OAOE ) --
,�a l3 , M, bein4 duly Swe". doses and says that he is the
(Owner)(Aul tei0 Agent of Owner) of the real property described in answer to Question 01
above; that he has read the foregoing answers and that the sa/e art true and coapteee;
ind (if acting as agent for eraser) that he haw wthOrity to aXoeut � ti gz
behalf of the comes l >
��a l�a•v� s
(1440)
Swom TO AN
bei®a t119>s d
dairy F�i19e, State of Florida at Large
My Co®i ss i on Expi yes:
�y!'UDLI
96- 485
N
AFF1OAVIT
the undersigned authority. this day personally appeared
, Who being by re first duly sworn, upon oath. deeoses
I. That he is the owner, or the legal representative of the owner,
subssitting the accaspanytng application for a public hearing as required by
Ordinanc♦ 11000 of the Code of the City of MIMI , Florida, affecting the real
property located in the City of Mimi, as described and listed on the pages
attached to this affidavit and &We a part thereof.
2. That all owners which he represents, if any, have given their full
and ca"lets permission for his to a;L in their behalf for the charge, or nadifica•
tlan of a classification or requiation of toning as set out in the accompanying
patitiort. .
3. That the pager at'Wbad hereto and ande a part of this affidavit
contain the current nNes, ntllnp addressu. phone numbers and legal descriptions
for the the nal property of dtich he is the amer or legal represaletative.
i. The facts as reyrasented in the application 4nd s sybnitted
in con,unctigr with this.affidavit are true and Sorrtct.
Further Affiant s eth note
Sworn to d Subscribed before r ��, an5�''"�"•�.17S''
[[1yy1 s s
this � day of
— y :.• :fCC 250155
Lary hblic, Stst• of Florida at Large 57A
96- 485
OWNER'S LIST
Owner's Name w McDonald's Corporation
Mailing Address 1400 SW 8th Street, Miami, Florida
i
Telephone Number
Legal Description: SEE ATTACHED
Owner's Name
Nailing Address
Telephone Number
Legal Description:
Owner's Marne
I Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 375 feet of the subject site is listed as follows:
Street Address Legal Description
Street Address
r
Legal Description
Legal Description
96- 485
LEGAL DESCRIPTION:
PORTI s T OF Loy 9, 10, 11, 12, 13, 14, 17, 18 AND
VAVACADU PARK", ACCORDING TO THE PLATHEREOFOOK AT PAGE 68 OF THE PUBLIC RECORDS OF DADE COUNTY.
PARTICULARLY DESCRIBED AS FOLLOWS:
19, BLOCK 1, "AMENDED
�S RECORDED IN PLAT
LORIDA, BEING MORE
BEGIN AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE SOUTH 000-34'-37" EAST
ALONG THE EAST LINE OF SAID LOT 19 FOR 50.00 FEET TO THE SOUTHEAST CORNER
THEREOF; THENCE SOUTH 89*-32'-21" WEST ALONG THE SOUTH LINE OF SAID LOT 19
FOR 150 06 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00'-35 -00"
WEST ALONG THE WEST LINE OF SAID LOTS 17 18 AND 19, ALSO BEING THE EAST
RIGHT-OF-WAY L NE OF SW 15TH AVENUE FOR 1*0.00 FEET TO THE NORTHWEST CORNER
OF SAID LOT 1 THENCE NORTH 89 -32 -21 EAST ALONG THE NORTH LINE OF SAID
Loj 17pFOR�100.01 FEET TO THE SOUTHWEST CORNER OF SAID LO 14• THENCE NORTH
00 -34 -37 WEST ALONG THE WEST LINE OF SAID LOT 14 FOR lE O� FEET TO A
POINT BEING 15.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 14; THE
FO1LOWING THREE (3) COURSES BEING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
S.W. 8TH STREET AND WESTERLY RIGHT-OF-WAY LIN OF SW 14TH AVENUE AS
DESCRIBED IN OFFICIAL RECORD BOOK 12797 AT PA E 3�9 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; (1) THENCE NORTH 89'- 2'-21" EAST ALONG A L NE EINc
PARAL4EL WITH AND 15.00 FEET SOUTH OF THE NORTH LINE OF SAID LOTS 1�, 1�, 13
AND 14 FOR 185.23 FEET TO A POINT OF CURVATURE; (2) THENCE EASTERLY AND
SOUTHERLY ALONG A 1Q.00 FOOT RADIUS CURVE LEADING TO THE RIGHT THROUGH A
CENTRAL ANrLE OF 89-53'-24" FOR AN 'ARC OF 15.69. FEET TO A POINT OF
TANG ' NCY; (3)- THENCE SOUTH 00'-34'-15" EAST ALONG A LINE 5.00 FEET WEST QF
TH(� EAST LINE OF SAID LOTS 9, 10 AN '11 FOR 215.02 FEET'THENCE SOUTH 89 -
32 -21 'JEST ALONG THE SOUTH LINE OF SAID LOT 9 FOR 14 .06 FEET TO THE POINT
OF BEGINNING.
ALL OF THE ABOVE LYING AND BEING IN SECTION 11,
EAST, CITY OF MIAMI, DADE COUNTY, FLORIDA.
TOWNSHIP 54 SOUTH, RANGE 41
ll
06- 485
DISCLOSURE OF OWNERSHIP
1. 'legal description and street address of subject real property:
SEE ATTACHED
2. Owner(s) of subject real property and percentage of ownership, Note: City of Miami
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
either direct or indirect, in the subject matter of a presentation, request or
petition to the City Coeaission. Accordingly, question /2 requires disclosure of
shareholders of Corporations, beneff0 cries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
1 McDonald's Corporation — 100% Ownership
McDonald's is traded on the New York Stock Exchange.
3. legal description and street address of any real property (a) o>wwd by any party .
listed in answer to Question /2, and (b) loccted within 375 feet of the subject
real property.
i N/A
f ,
orldW. U FOR OVER
STATE OF FLORIDA ) SS:
COilwiTY of DADE )
being duly sworn, deposos and says that he
is the (Please Print) (Qatar) (Attorney for Owner) of the real property described in
answer to question 03 above: that he has read the foregoing wpao and that the sass
arm true wW eeesplets and (if acting as att ey for caner) tub. authority to
execute the diselosure of Ownership fors on the r '
SWORN TO AND SUiS RI D
before ewe this T4
day of Ut l.i (>=
l -
to
S1 ature Of or Owner
9,e.:
Notary Public, State of Florida at Large
Mr COMISSION EXPIRES: °• :-V-1s„�`'
95- 485
POWER OF ATTORNEY
Know All Men by These Presents, that McDonald's Corporation, a corporation duly organized under the
laws of the State of Delaware, and having its principal place of business in the Village of Oak Brook, State of
Illinois, does hereby make, constitute and appoint Lydia Belusko of Boca Raton, Florida, its true and lawful
attorney, for it, and in its name, place and stead to represent McDONALD'S CORPORATION, a Delaware
corporation or McDONALD'S RESTAURANTS OF FLORIDA, INC., in any permit, zoning or land use
application of any type for the construction or remodeling of any McDonald's Restaurant. including the authority to
sign applications and appear for McDonald's in public hearings or meetings, giving and granting to its attorney full
power and authority to do and perform all and every act and thing whatsoever, requisite necessary and proper to be
done in the premises, as fully, to all intents and purposes, as it might or could do, with full power of substitution
and revocation. hereby ratifying and confirming all that its attorney or his substitute, shall lawfully do, or cause to
be done, by virtue hereof.
IN WITNESS WHEREOF, McDONALD'S CORPORATION, a Delaware corporation has caused its
corporate name to be subscribed hereto by its Assistant Vice President this 15th day of January, 1996.
Witnessed by:
Denise Stroin
i
STATE OF ILLINOIS
COUNTY OF DUPAGE
McDONALD'S CORPORATION, a
elaware corporation
Michael J. Sise, Assistant;Vice President
I, Ellen L. Loess, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY, that
Michael J. Sise, Assistant Vice President of McDONALD'S CORPORATION, a Delaware corporation or
McDONALD'S RESTAURANTS OF FLORIDA, INC., who is personally known to me to be the same person
whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged
that he signed, sealed and delivered the said instrument as his free and voluntary act.
Given under my notarial seal, this 15 day of January, 1996.
FA
Notary Public
Ellen L. Loess
My commission expires: May 30, 1997
/el/powerl
19
96- 485
I�
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Pablo Canton - March 28, 1996 -"
NET Administrator
East Little, -Havana ,s =�' Special Exception for
1400 S.W. 8th Street
Teresita L. Fernandez, Cli of
Office of Hearing Boards H%CLOSLPes
rPlease be advised that the attached Special Exception will be
reviewed by the Zoning Board on May 6, 1996. Please check it for
compliance and advise this office at your earliest convenience.
If you need additional information, please call me at 350-7904.
i
cc: Carlos Smith, Assistant City Manager_
96- 485
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To Teresita L. Fernandez, Chief gar March 27, 1996
Hearing Boards Division
Resolution 91-176
McDonald's Restaurant
1400 SW 8'" Street
J an C. onzalez, Acting ENC.osUaES
oning Adminstrator
Pursuant to your question, of whether the above mentioned drive -through facility, is required to
obtain a new resolution, approving the drive -through for an additional five (5) years, in which
subsequently, the section that required such five (5) years reviews, has been removed from the
zoning ordinance? Please be advised of the following.
Since Resolution 91-176 was granted for a period not to exceed five (5) years, and mandates
renewal every five (5) years, it has placed a condition on the property, that even if the original
section of the zoning code is no longer applicable, the Resolution mandates such a review.
Therefore, a review must be submitted, first to the Zoning Board, then the City Commisison, -
utilizing standards and review procedures as for Special Exceptions.
By copy of this memorandum Assistant City Attorney, Miriam Maer, will review to determine
if the condition of a five (5) year review can be dismissed by the Zoning Board and City
Commission on this round of approvals.
JCG: tc
Enclosure
cc: Margarita Genova-Cordovi, Assistant Director
Building and Zoning Department
Miriam Maer, Assistant City Attorney
Law Departmnet
Montes Enterprises, Inc.
c/o Jose Montes
3280 Coral Way
Miami, FL 33145
ET
96- 485
RESOLUTION NO.
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD IN GRANTING THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, ARTICLE 6, SECTION 614,
SUBSECTION 614.3.2.1, ENTITLED "PERMITTED
PRINCIPAL USES AND STRUCTURES: 3. DRIVE -
THROUGH FACILITIES FOR RESTAURANTS, CAVES AND
TEAROOMS ARE ONLY PERMITTED AFTER APPROVAL OF
THE CITY COMMISSION AND ZONING BOARD
UTILIZING STANDARDS AND REVIEW PROCEDURES FOR
SPECIAL EXCEPTIONS. DRIVE -THROUGH FACILITIES
APPROVAL MAY BE GRANTED FOR A PERIOD NOT TO
EXCEED FIVE (5) YEARS FROM THE DATE THE
CERTIFICATE OF OCCUPANCY IS ISSUED. RENEWAL _
AFTER FIVE (5) YEARS SHALL USE THE SAVE
PROCESS .,", TO ALLOW THE RENEWAL OF AN
EXISTING DRIVE-THROUGHFACILITY GRANTED BY
THE CITY COMMISSION ON JANUARY 23, 1986 BY
RESOLUTION NO. 86-39, FOR THE MCDONALD'S
RESTAURANT PROPERTY ZONED SD-14 LATIN QUARTER
COMMRRCIAL-RESIDENTIALI LOCATED AT 1400
SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ALSO
DESCRIBED AS LOTS 9 AND 10 LESS EAST 56, LOT
14, LESS NORTH 15' AND ALL OF LOTS 17-19,
BLOCK 1, AVOCADO PARR AND, AS RECORDED IN
PLAT BOOK 3 AT PAGE 68 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, AS PER PLANS ON
FILE; THIS SPECIAL EXCEPTION RENEWAL BEING
FOR A PERIOD NOT TO EXCEED FIVE YEARS.
WHEREAS, the Miami Zoning Board at its meeting of
January 7, 1991, Item No. 3, duly adopted Resolution ZB 3-91 by
a five to zero (5-0) vote, to grant the Special Exception, with
approval by the City Commission, as listed in Ordinance
No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, Article 6, Subsection 614.3.2.1, entitled 'Permitted
Principal Uses and Structurear ... 3. Drive -through facilities
for restaurants, cafes and tearooms are only permitted after
approval of the City Commission and Zoning Board utilizing.
standards and review procedures for special exceptions. Drive -
through facilities approval may be granted for a period not to
exceed five (5) years from the date the certificate of occupancy
is issued. Renewal after five (5) years shall use -the same
process ....", to allow the renewal of an existing drive -through
CITY
He x.
y) - l'i6
if✓RtPa ry. -• --- t
i
facility granted by the City Commission on January 23, 1986 by
Resolution No. 86-39, for the McDonald's restaurant property;
zoned SO-14 Latin Quarter Commercial• -Residential; located at 1400
Southwes•o Sth Street, Miami, Florida, also described as Lots 9
and 10 less East 51, Lot 14, less North 15' and all of
Lots 11- 19, Block 1, AVOCADO PARK AMD., as recorded in Plat Boon
3 at page 68 of the Public Records of Dade County, Florida, as
per plans on file; this special exception renewal to be for a
period not to exceed five years and subject to City Commission
approval; and
WHEREAS, the City Commission after careful consideration of.
thia ratter finds that the request for the renewal of an existing
drive -through facility meet* all applicable requirements of
Zoning Ordinance No. 11000, as amendedt
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 in granting
the Special Exception as listed in Ordinance No. 11000, as
amended, the zoning Ordinance of the City of Hiami, Florida,
Article 6, Subsection 614.3.9.1, entitled "Permitted Principal
Uses and Structurest ... 3. Drive -through facilities for
reataurante, cafes and tearooms are only permitted after approval
of the City Commiselon and Zoning Board utilizing standards and
review procedures for special exceptions. Drive -through
facilities approval may be granted for a period not to exceed
five (5) years from the date the certificate of occupancy is
issued. Renewal after five (5) years shall use the same process
....", to allow the renewal of an existing drive -through facility
granted by the City Commission on January 23, 1986 by Resolution
2 _ yl 17ti
�6- 485
No. e6-39, fcr the McDonald's Restaurant ptopertyl zoned SD-14
Latin Quarter Commercial -Residential; located at 1400 Southwest
8th Street► Miami, Florida, also described as Lots 9 and 10 less
Bast S',_Lot 14, less North 15' and all of Lots 17. 19, Block 1,
AVOCADO PARK AKD. , as recorded in Plat Book 3 at page 66 of the
Public Records, of Dade County, Florida, as per plans on file;
toned SD-14 Latin Quarter Commerctal-Residentiall for a period
not to exceed Live years, is hereby affirmed and the Special
Exception is hereby granted.
Section 3. This Resolution shall become effective
immediately upon its adoption..
PASSED AND ADOPTED this 28th day of Febc ruar�� , 1991.
XAVIER L. SUAR Z, MAY R
ATT
t
MA HIRAI, CITY CLERIC
PREPARED AND APPROVED BY:
'G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS FORM AND -CORRECTNESS:
7M
JoUlf L. ANDE3
CI Y ATTORN
9
3 -
,) I • 17 6
96- 485