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HomeMy WebLinkAboutM-95-0339CITY OF MIAMI, FLORIDA PZW9 INT:R-OFFICE MEMORANDUM TO : Honorable Mayor and Mm berrs of the City Cannission FROM Ci � r: r I� Ir • �, DATE : APR 14 1995 FILE : SUBJECT : Appeal of Special Exception for 3060 Orange Street REFERENCES: Agenda Item, City Ccaimission ENCLOSURES: Meeting of April 27, 1995 It is respectfully reccamiended that the City Carmission deny the appeal and approve the requested Special Exception to allow one (1) additional dwelling unit for each two thousand five hundred (2,500) for lots with more than five thousand (5,000) square feet, for the proper-� loc ad at 3060 Orange Street with the conditions as listed in the attach�i Zoning Fact Sheet and with the additional condition that the site plan be modified so as to preserve an existing Southern Live Oak tree with a diameter of approximately four (4) feet. BACKGROUND On March 20, 1995, the Zoning Board approved a Special Exception for the above described project with modified conditions from what was recarmended by the Planning, Building and Zoning Department. The Planning, Building and Zoning Department had reccnr ended approval of the project without specifically addressing the oak tree because of the fact that the subject tree was called out for relocation. Since that time, and due to concerns expressed for the welfare of the above described oak tree, the Planning, Building and Zoning Department referred the issue to the City's Landscape Architect in order to determine what methods of relocation existed, what the chances of survival were and which, if any, would be appropriate for the subject tree; a mitigation plan was also requested in the event that the tree does not survive relocation. Please see attached analysis. The modified reccmrrendation from the Planning, Building and Zoning Department described above, which in fact still recommends approval of the project, requests that due to the slim pc.:..si.bility of the subject Oak tree surviving relocation on the site, the site plan should be modified to preserve the tree in its existing location and that the modified plan be submitted to the Planning Division for review and approval. Such relaxations of certain terms of the Zoning Ordinance are permissible under Article 15, Sxtion 1510 of Zoning Ordinance 11000 by Class II Special Permit upon LYKIi.ng that the modification is necessary in order to preserve a significant natural or archeological feature. 95- 339 I$48:, Analysis by City of Miami Landscape Architect A Southern Live Oak with a 48" caliper (diameter breast height) would require a rootball of approximately 20 feet in diameter. Relocation may be accomplished by digging and boxing at approximately 8' -0" out fram the trunk to achieve the 20' diameter rootball to a depth of approximately 6'-011. This procedure can only be achieved in sandy soils. Once boxed, two cranes would be required to relocate the specimen within the site. This procedure has been performed within the Orlando,,,.area and within the Disney codex at a very high cost. With optimum cane and expertise, the relocation would achieve an approximately 80% success rate in areas with sandy soils. Areas with shallow topsoil and limestone formations could not be pr6perly dug and boxed. The only other alternative would be o root prune and significantly cut back the canopy, provide for a minimum six ;week root pruning period, then relocate the tree within the same site. Survival chances would not be greater than 50% and would create a tree with a heavily amputated appearance. An alternative process utilizing a tree spade with blades -creating a 14'-0" diameter rootball would not be large enough for a tree specimen of 4'-0" diameter. In addition, the use of tree spades would not be effective in areas with shallow limestone formations. If the relocation efforts fail, mitigation should be established in order to replace the previous tree canopy. The mitigation that would satisfy the previously described specimen would be as follows: Quant Botanical/Common name 6 Quercus Virginia/Live Oak minimum 22 ft. height x 18 ft. spread, 8" caliper, 200 gal. container, Florida No. 1 or better 95- 339 3 GERALD C. MARSTON REGISTERED LANDSCAPE ARCHITECT 3026 DY AVENUE COCONUT GROVE, FL 33133 April 4, 1995 To: Clerk's Office City of Miami i Dear Teresita Fernandez: r, Please accept this letter as an official appeal of the Zoning Board decision of March 20, 1995 regarding agenda item #7 of that meeting dealing with 3060 Orange Street, Coconut Grove, Florida. In support of this appeal before the City of Miami Commission I offer the following observations as a Registered Landscape Architect in the State of Florida and opinion as a resident within 375 feet of the proposed project. I have reviewed the proposed site plan and have met with the developer and concerned neighbors on the subject property. We were informed that the zoning board had approved the site plan with a condition that the large Oak (40 inches in diameter, estimated 80 -100 foot crown canopy, minimum 150 years old) would be relocated on site. The developer's architect informed us that they planned to cut the crown of the tree back to a 30 foot diameter prior to relocation. We discussed several site plan revisions aimed at saving the tree in its existing location with minor pruning of the lower limbs. After much discussion the group agreed to compromise and allow relocation of the tree with the following conditions. John Riordan, a Registered Landscape Architect, and I would meet with the architect and tree movers to discuss how much canopy would be removed and the proper timing of root pruning, relocation and care and if in agreement we would not appose the zoning board decision. Since the day of that meeting I have done additional research and soul searching regarding the proposed agreement and offer the following revised professional and personal opinions as the basis for this appeal of the boards decision: 1. I believe a revised unit design and site plan could be developed to save the tree in its existing location if one of the design objectives is to save the tree. As a resident of L.emontree Village I appreciate Charles Harrison Pawley's design which fits the units amoungst the existing oak trees. In the case of the Orange Street project the developer only has one large tree to accommodate which should not prove to be undoable. 95- 339 q0 2. Having seen many large oak tree relocations and witnessed the normal severe pruning and success rate I believe the chance of this tree surviving with a substantial canopy remaining are less than 50% with even the best of care. For the above stated reasons I respectfully request the support of the City Commission and ask for a favorable decision to approve this appeal of the Zoning Board decision. jGerma rstol Architect and Resident At Avenue, Coconut Grove, Fla. The foregoing instrument was acknowledged before me this 4th day of April, 1995 by Gerald C. Marston who has produced identification in the form of a Florida Drivers License # M623-283- 45-207-0 which expires 6-7-99. Notary4lublic of the State of florida Date SWE OF FLORIDA ray E"? "Ay 2, 1996 95- 339 �41� JL-NI UI •LI i ( V( 011A.hi , 4- J-Jo - J•GGr.m ; C111 ,irNAGLK S OFF.- ,z 2/ 4 DAVID J. GELL, PRESIDENT CENTER GROVE NEIGHBORHOOD ASSOCIATION 3290 MATILDA STREET COCONUT GROVE, FL. 33133 Tel:(305) 448-4884 / Fax:(305) 445-4554 APRIL 3, 1995 To: Clerk's Office, City of Miami Re: Appeal of Zoning Board Decision Dear Theresita, Please aceeptthis latter as an official appeal of the Zoning board Decision of /+1 20, 1995 regarding agenda item 17 of that meeting dealing with 3060 Orange Street. In support of the appeal before the City of Miami Commission we offer the following points and irregularities in the approval process by the zoning board. Arguments in support of this appeal for the City Commission in order to vote in favor of the appeal are also provided herein. That proper notice to owners of property within 350 feet of the proposed project was not properly provided. That plans and specifications represented to the Planning and Zoning Department of the city of Miami by the developer were.not complete nor adequately labeled to allow for sufficient information upon which the Planning and zoning Dopt. could make an accurate assessment of the project. Specifically, the sizes and types of trees were not identified in accordance with prescribed survey standards for nomenclature and symbols. That the Planning and Zoning Dept. would not have given approval nor required the same conditions if full and roper disclosure of the actual proposed building plans and tree schedule were provided by the developer. That the developer made no attempt to consult with the immediate neighbors and/or the duly elected representative of the neighborhood and/or the members of the Center Grove Neighborhood Association which is the only representative body of the Center Grove neighborhood authorized to proffer and/or negotiate on behalf of the neighborhood. That the zoning Board approved the project with conditions that wars based on a hypothetical replat which has not yet boon submitted and which Nay not be approved. That a vary important Oak Tres, estimated to be over 150 years old and with a diameter of approximately 46 inches, which provides a canopy over a significant area of the subject site, was improperly labeled and not identified appropriately on plans and material submitted to the Planningand Zoning Dept., such that the Planning and Zoning inspectors faed to inspect the site and the tree for a proper determination as to the significance of the tree or the proper disposition of the issue of whether the tree should remain where it is. That certified and properly accredited Landscape Architects, knowledgeable of trees and the maintenance of trees, who reside in the vicinity advise that this tree is of particular value to the site and the community and should not be removed or relocated as the success of such an attempt to relocate is minimal. Page 1 C )tN1 bY.L11Y OF h101 ; 4- 3-85 : 3:22PNI ; CITY HI.NAGER'S OFF.- :. 3i 4 DAVID J. GELL, PRESIDENT CENTER GROVE NEIGHBORHOOD ASSOCIATION 3190 MATILDA STREET COCONUT GROVE, FL. 33133 Tel:(303) 448-4884 / FaX:(305) 445-4554 That the conditions required by the Planning and Zoning Dept. and the Zoning board do not provide adequate safeguards for the important Live Oak Tree, for the adjacent property owners, nor for the neighborhood. Many important trees have been lost to unscrupulous developers who would not let trees stand in their way by either cutting them down on weekends or poisoning them over several weeks. A good example of this was at the corner of Shipping and Matilda. That the proposed nine dwelling units proposed for the site is an extreme increase in density and not in keeping with the surrounding land use. That the proposed 8 feet 1 inch distance between dwelling units is not sufficient, adequate nor in keeping with the neighborhood and surrounding properties. That the required guest parking of one ,space for nine dwelling units is inadequate, will cause extreme congestion both inside the proposed project as well as outside the project. This is typified by the huge problems created by The Orange Grove project located at Virginia Street where attempts to landscape the swales were destroyed by care continually parking there and ruining the grass and trees. That the small size of the proposed dwelling units is economically unfeasible and only designed to increase the density which will have a negative effect upon the neighborhood as these dwellings remain vacant and unsold as are some two hundred other vacant and unsold similar townhouse units in the neighborhood. That the high density and overcrowding of the proposed project will cause an increase in crime and deterioration of the neighborhood. For the above stated reasons and by virtue of the opposition to the proposed project by residents and owners of property within the immediate neighborhood, as wpll as interested persons outside of the immediate neighborhood, we respectfully request the support of the city commission and ask for a favorable decision to approve this appeal of the Zoning Board decision. Sinc Sly, Ravi Gell, esident 12owner of 3�y� t�n�a�s�ar�. 33133 a vrder4 within 350 feet of the proposed project site. page 2 95- 339 V 4 IND1AUUAL ACKNOWLEDGEMENT STATE OF )RO4& COUNTY OF) The foregoing instrument was acknowledged before me this April 3, 1995 by Carlos F. Rodri� ,ez, Jr. and David Gall who has produced identification in the form of a Florida Dirvver"s License #G400-170-46-081, whicb expires 3-1-96. 06,* t 7.OsR/i�v .tS��o ,C;ib Si n taking wAmwiedgement April 3. 199S C-- VJW L. Can ftr,�� Carmen Correct, otary public of the Stets of Florida April 3, 1995 4* " m of � : �f►13, I99'r UWL '. cc 2011 EY STATIC OF )IZWW COUNTY OF) O N,6k- 44 The foregoing whuuml was acknowledged before me this April 3, 1995 by Carlos F. Audr4pm Jr. and David Cid who has produced [denMeation in the fom of a Florida dl Ditw es License #G400-170-46-08 1, which room 3-1-96. CAiI L. 6aWA Signs a p"n admowledgament Apol 3, 1995 ft mm so= Mly 1 18, m Gan Camtn. No. CC 26M3ii @AND Carmen Contra, WoMy Public of the Stage of Florida APt°d 3, 199S ' S cassal. No. 95- 339 Ce ZONING FACT SHEET LOCATION/LEGAL 3060 Orange Street (Complete legal description with the Hearing Boards Division) APPLICANT/OWNER Luis Dominguez for Ken Rampone for Central Grove Prop., Inc. 14615 S.W. 64th Ave. Central Grove Prop., Inc. Miami, Florida 33158 210 Edgewater Drive 378-9217 Miami, FL 33133 ZONING R-2 Two -Family Residential. REQUEST Special Exception as listed in the Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two -Family Residential, Conditional Principal Uses, for lots with more than five thousand (5,000) square feet, to allow one (1) additional unit for each additional two thousand five hundred (2,500) square feet of lot area for two lots with a net lot area of 22,960 sq. ft. for a total of nine (9) proposed units; zoned R-2 Two -Family Residential. RE(: ~'IENDATIONS: PLANNING, BLDG & ZONING Approval with conditions. PUBLIC WORKS No comments. P' AND STREET N/A. D; ::OUNTY TRANSPORTATION No comments. El, .RCEMENT HISTORY, IF ANY C.E.B. Case No: N/A. . Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A. Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY N/A. - ANALYSIS The requested S-erial Exception is for the purpose of allowing a total of nine units on three oversized duplex lots; the Planning, Building and Zoning Department finds that the -proposed structures along the southern boundary line of the project are too close to each other given the height of these buildings and that the lack of visitor parking spaces could create a situation by which overflow parking would have an adverse effect on the surrounding neighborhood. It is therefore recommended that the requested Special Exception be approved subject to the following conditions: 1) that the property be replatted; 2) that the space between structures be no less than 10 feet (instead of the approximately 8 feet proposed); 3) that the area between the proposed structures along the southern boundary of the property be heavily landscaped; 4) that a minimum of 2 additional visitor parking spaces be accomodated on site; 5) that a six foot c.b.s. wall be provided along the perimeter of the site; and 6) that a new site plan with the above described modifications be submitted for review and approval by the Planning Division prior to the issuance of building permits. ZONING BOARD Granted for 12 months in which a bldg. permit must be obtained & subj. to Planning APPELLANT Gerald C. Marston 6 Carlos Rodriguez. conditions.(Res.No.030-95) CITY COMMISSION 9 rj - 33 9 APPLICATION NUMBER 94- 363 Page I March 20, 1995 5 �,ar.. Mr. George Barket offered the following Resolution and moved its adoption. .RESOLUTION ZB 030-95 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO-FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MORE THAN FIVE THOUSAND (5,000) SQUARE FEET, TO ALLOW ONE (1) ADDITIONAL UNIT FOR EACH ADDITIONAL TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF LOT AREA FOR TWO LOTS WITH A NET LOT AREA OF 22,960 SQUARE FEET FOR A PROJECT OF NINE (9) PROPOSED UNITS LOCATED AT 3060 ORANGE STREET LEGALLY DESCRIBED AS LOTS 15, 16, 17 OF ORANGE POUND'S SUBDIVISION OF BLOCK 6 OF T= EDWARD PENT HOMESTEAD (3-34) PUBLIC RECORDS OF DADE C TY; ZONED R-2 TWO-FAMILY RESIDENTIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND SUBJECT TO THE PLANNING DIVISION CONDITIONS OF THE PLANNING, BUILDING AND ZONING DEPARTMENT. Upon being seconded by Ms. Gloria Basila the motion was passed and adopted by the following vote: AYES: Mses. Basila and Morales. Messers. Barket, Carman, Crespo, Milian and Hernandez. NAYES: None. ABSENT: Mrs. Hernandez, Mr. Luaces and Ms. Fernandez: Motion carries 7-0. March 20, 1995 Item# 7 Zoning Board 95- 339 Pg., ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION I move that the request on agenda item / be (denied) (granted) in that the requirements of Section 2305 (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 appropriate conditions: 1305.1 Ingress and Earess. Due consideration shai be given to adequacy of ingress and egress to the property ar tructure and uses thereon, with particular reference to autc ive and pedestrian safety and convenience, traffic flow and c:.:ntrol, and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent attests, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and service areas. 'S Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and lighting. e 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. 95- 339 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of natural features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of potentially adverse effects generally. In addition to consideration of detailed elements indicated above, as appropriate, to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially 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, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the, case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. gna re10 I Date ,y Item _ti �'-"; :1 f M I '® I I3 Wg•�`5'•P' '�..:..:..... •Is-_.'.1 , —• 4i. to = , tali! 4 i r P"f I I if. G�� N_�j I. I 1• i COCOANUT AVE. c ; N a> ,t O q, - V Q:-�.r J Q Y, • e • I1 I r i t ►'�• t! t. I N t a a ..� S T.: - D-19 , " - ti in SUBDIVISION o :50 1� a " °s� •r', --_�_� j� . 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I I �m�eoo i0000aa©�� %, f f 7 I z n ♦r•r�• • X. t � • APPLICATION FOR SPECIAL EXCEPTION File Number Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning board be exercised in making such determinations, in accordance with the rules, considerations and limitations relatinq to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning board shall be solely, responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Oepartment of Planning, building and Zoning for his reco�ndations and the director shall make any further referrals required by these reggjations. for Central Grove Propexies, Inc. Ln I, Luis Dominie7 PreA. hereby' apply to the City oT Mimi Zoning board for approval of a Special Exception for property located at 3060 Orar.ae. Street. Mi.ar�ni., Fla. Nature of Proposed Use (Be specific) 9 townhouses in R-2 di gtri Cr _ In support of this application, the following material is submitted: 1. Two copies of a survey of the property prepared by a State of Florida Registered land Surveyor. . a 2. Four copies oft the site plan showing (as rewired) property boundaries, existing (if my) and proposed structure(s),, parking, landscaping etc; building elevations and dimensions and, computations of lot area and wilding spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest fore (attach to application). 4. Certified list of owners of real estate within A 375400t radius of the outside boundaries of p Nperty cohered by the application- S. At least two photographs Ahat show the WWI property (land and im>,rove- ments). _ 6. Other (Specify) 7. Fee of S to apply toward the cost of processing: 95- 339 15 — Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) w SignatuLL—U-r��President, Central .O"W-or Authorized Afent Cbrove Properties, Inc. Name L--V15 DotAw6Ue-j" Address I E'�O(5 S.W. (may AV6r 1E) MI A MI , i L9 �3� IS8 Phone 10399-9-� ),:Z ..� STATE OF FLORIDA) SS: COUNTY OF DADE ) LV15 DOMWGU157— , being duty sworn, deposes and says that he is the Owner (Authorized Agent of Owner) of the real property described in answer to question 01 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. 7 SWOM TO AND Sti6 11M before me tkis 31`0 day of January My Cmission Expires: (Naga) Luis DoliAg4r# President, Central-Groid Properties, Inc. Notary Wc, State of Florida at La SpOlvia M. Bazo aV P&, OITICIAL WARY SaAL 01h lei SYLVIA M a= kwel k COMMISSION NUMea'.ACC166726MY COMMISSION alit. JAN. 6 1296 339 APPLICATION FOR SPECIAL EXCEPTION File Number �. Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning bard be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions. (See Article 16) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely, responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regyiations. Central Grove Properti s In 1, Ken Ramoone. V.Presbereby' apply to the'City oaf Ninhoning Board for approval of a Special Exception for property located at 30�Orannge Street, Miami, Fla. Mature of Proposed Use (be specific) 9 townhouses in R-2 district. In support of this application, the following material is submitted: o, 1. Two copies of a surrey of the property prepared by a State of Florida Registered land Surveyor. a. Four copies of: the site plan showing (as required) property boundaries, existing (if argr) and proposed structure(s), , parking, landscaping etc; building• elevations and dimensions and• computations of lot area WA building spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest fore (attach to application). _ 4. Certified list of owners of real estate within a 375-toot radius of the outside boundaries of property covered by the application. g. At least two photographs that shear the entire property O &W and improve- ments). _ 6. Other (Specify) 1. Fee of f� to apply toward the cost of processing: 95- 339 �41 — Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars ($650) except froo agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property. (City Code - Section 62-61) STATE OF FLORIDA) SS: COUNTY OF DADE ) Signature iced Nan 1. vice —President, Central Grove Properties Inc Address to GUavgToz DRiVC0 M '�loA • �3'3g Phone 6G3-ZSo2. tEn1 12AM9ONE , being duly sworn, deposes and says that he is the (Owner) Authorized Agent of Owner) of the real property described in answer to question /1 a ve; that he has read the foregoing answers and that the same are true and cowplete; and (if acting as agent for owner) that he has aut"rity to execute this petition on behalf of the owner. 1/ , SWORN TO AND S1 SURISD before " this , day of My Cmission, Expires: ()�cert�R�Inpone, Central GroveIce—President, roperties, Inc. Notary public State of Florida at large E RrIC1AL NOTARY UAL SYLVIA M SAW COMMISSION NUMBER CC166726 MY COMMISSION EXP. JAR. 6 9S1'� AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Luis DQM1AGUEZ_ who being by e+e first duly sworn, upon oath, deposes and says: j I. That he is the or the legal representative of the owner, submitting the accompanying application for a public hearing as rewired by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages i attached to this affidavit and made a part thereof. -2. That all owners which he represents, if any, have given their full I , and complete permission for his to a¢j„in their behalf for the change or modifica. i j tion of a classification or regulation of aoning'as set out in the accompanying petition. 3. That the pages attatihei hereto and Dade a part of this affidavit contain the current nasal, ailing addresses, phone nwkrs w4 legal descriptions for the the real property of which hw is the owner or legal rspresentative. i. The fettle a, regrosonted in tips application and documents submitted in -conjunction with this affidavit are true and correct. j further Alf iant sayetlh not. (Sm) Mama] Luis Domi*e26rPresident, Central Grove • Properties, Inc. Sworn to and Shhbscribed before ma i this 31 deg of Janua •® ,�rpY P!/® OFMAL NOTARY ORAL i w. Z0 iVLV1A M Wo Motaay 26 Phh�l State of Florida at Q< CC 6a7NUMaash via M. Bazo my COM M INON sxa• i My Carisaion Expires: OF boa JAN. 6 i096 95- 339 AFFIDAVIT STATE OF FLORIDA } ) SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared who being by me first duly sworn, upon oath, deposes and says: 1. -That he is theme or the legal representative of the over, submitting the accompanying application for a public hearinq as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for his to agt—in their behalf for the change or modifies• tion of a classification or regulation of zoning'as set out in the accompanying petition. 3. That the pages attached hereto and We a part of this affidavit contain the current names, mailing addresses, phone numbers area legal descriptions for the the real property of which he is the oaer or legal representative. 4. The facts as rw"anted in the application and documents submitted in-cmjunetion with this affidavit are true NW eo t. Further Affient sayeth not. 7, ( e Rampon ' Vice -President, Central Grove Properties, Inc. Sworn to and Subscribed before ela this 11. day of January, 1! '35 • - 339 ' `?aY PV9 OFFMAL MOTARY SEAL O <, sYLV1A M aAZO. Notary F a If/.' tale of Florida at a COMMisebN XUMSER Sylvia hy. Bazo < CC166726 My Commiss%n Expires: ��oF f`o�o MY COMM18410N UP. J—AN. 6 1996 OISCLOSURE OF OWNERSHIP 1. legal description and street address of subject real property: Orange Pounds Subdivision, Pent Homestead, Plat Book 3, Page 34, Lots 15, 16, and 17 less N10 feet for street, Public Records of Dade County, Florida. Street address: 3060 Orange Street, Miami, Florida, 33133 2. Owner(s) of subject real property and percentage of �vnership. Mote: City of Mimi Ordinance No. 9419 requires disclosure of all partix& having a financial interest, either direct or indirect, in the subject cutter of a presentation, request or petition to the City Co®ission. Accordingly, question 02 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Central Grove Properties, Inc. A Florida corporation - sole owner, fee simple Shareholders: Luis Dominguez, President 50% shareholder. Ken Rampone, Vice -President 50% 14615 S.W. 64th Avenue shareholder. Miami, Florida 33158 210 Edgewater Drive Miami, Florida 33133 3. legal description and street address of any real property (a) owned by any party listed in answer to question /2, and (b) located within 375 feet of the subject real properu.. None. �/e'yyl President, Central Grove OW! FOA OYNEA Properties, Inc. Luis Dominguez STATE OF FLORIDA } SS: COUNTY OF GAOL } Lu t s b o � N ,u 6? u c 'et-- , being duly sworn. deposes and says that he is the (Owner) (Attorney for Owner) of the real propert- described in answer to question 1:, ve; that he has read the fonpinf ansuen are'. :jest the sap are true and caaplete; and (if acting as attorney for owner) that he har authority to a wAs the Disclosure of Ownership fora on behalf of the owner. . SWORN TO AND SUASCAIOEO before Be this �-?-vl day of , I9V' NY COi MISSION EXPIM: President (SIA`) Central Grove Luis Dominguez( _ Properties, Inc. _Notary hell . St w �►%T O Vs OITICJ8j�,NOTARV SEAL G Sre.VIA M BAZO COMMISSION NUMBER < CC166725 ° Mr COMMISSION KXP. CF:LC� JAN. 61996 95- 339 Ole.' DISCLOSURE OF OWNERSHIP 1. legal description and street address of subject real property: Orange Pounds Subdivision, Pent Homestead, Plat Book 3, Page 34, Lots 15, 16, and 17 less N10 feet for street, Public Records of Dade County, Florida. Street address: 3060 Orange Street, Miami, Florida, 33133 2. Owner(s) of subject real property and percentage of oemership. Note: City of Miasi 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 Commission. Accordingly, question /2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Central Grove Properties, Inc. A Florida corporation - sole owner, fee simple Shareholders: Luis Dominguez, President 50% shareholder. Ken Rampone, Vice -President 50% 14615 S.W. 64th Avenue shareholder. Miami, Florida 33158 210 Edgewater Drive Miami, Florida 33133 3. Legal description and street address of any real property (a) owed by any party listed in answer to question O2, and (b) located within 375 tat of the subject real property., None. Vice -President, Central Gro OR A FOE O6tNE)1 Properties, Inc. n one STATE OF FLORIDA } SS: COUNTY OF UK } 1�g_.) P R Po ut= _, bring duly swear, deposes and says that he is the (gwner (Attornq for Der) of the real property described in answer to quation 01, •; that he has read tlla foregoing answers and that the sass an tnre VW caplets; and (if acting a attorney for owl►er) that he has authority to aewte the Disclosure of Ownership fom on behalf of the owner. Vice-Pres. (M) Central Grove en one ( ) Properties, Inc. SWORN TO AND nt before i day of lE S"- --, a2-- MY COMISSIOII Exl1EES: -Notary hilic. to of Florida at La o `pQV P&e OFFICIAL rl9TARY s AL = SYLVIA M ®AZO 0 ColAin"10" iN mean < cci 66726 • a !AY COMM1681ON EXP- OF FUO JAN. Ot 1996 o- 339 W E D 1' " 3 8 ASSOC P 0 2 ilDIUAk . O'.LEARx'DESIGN"ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN April 26, 1995 - l Mr. Luis Dominguez Central Grove Properties, Inc. 4615 S. W. 64th Avenue Miami, Florida 33158 Re: Townhouse Site 1060 Orange Street Coconut Grove, Florida Dear Mr. Dominguez: Pursuant to our recent inspection of the above referenced site, we have the following comments regarding the large specimen Quercus vi.rginiana (Live Oak tree): A) The tree should not be relocated. B) The tree can remain, and will survive within the 15' open area between buildings, if the following remedial measures occur: 1) Remove lower horizontal branches as defined in the attached Tree Pruning Diagram. It should be noted that (6) branches are to be removed and (2) of those are dead. 2) Prior to start of construction and for the duration of the project, install a Tree Protection Barrier as defined in attached detail. This means that the area within this barrier is to remain untouched by fill, construction equipment, construction debris, and construction foot traffic. C) The tree pruning defined in Paragraph 'B', above, is to be monitored by O'Leary Design Associates, PA or another Registered Landscape Architect. In addition, periodic inspections are to occur, during the course of construc- tion, to monitor compliance with Item B.21 above. 95- 339 frM�• APR-26--915 WED 1 -,: 39 0 " 1 EARY DES I G"l ASSOC P . 03 Mr. Luis Dominguez April 26, 1995 Page two D) After completion of the tree pruning defined above, it is our opinion that, at least, 80% of the canopy should remain intact. It is my opinion that this tree will survive if the remedial measures defined above are followed. Very truly yours, O'LEARY DESIGN ASSOCIATES, PA atrVi IT,LIAM A. 0' LEARY, FASLA WAQ/cas cc Stanley Price Submitted into the public record in c r-:Ar,cc -w-ith item T,Jal�iy Hirai City Clerk -x 95- 339 APR-26-95 WED 1 ,: 29t Q r LEARY DES I G.k4 ASSOC P_ 04 PARKING COURT TOWNHOUSE EXISTING LIVE OM NHOUSE Fitue itted into the ub?.ic in c�-_1.:;:,ucft .%v�i2i�1 �_... <.. Y'v ='t [ y Hirai City Clerk '--- TREE PROTECTION BARRICADE (SEE DETAIL) PROPERTY LINE-1 . - - ..�.�o .... ..� .... �.. PROPOSED TOWNHOUSE DEVELOPMENT CENTRAL GROVE PROPERTIES, INC. 3060 ORANGE STREET APRIL 25, 1995 COCONUT GROVE, FLORIDA 95-101UA 339 C�' 11_ F A R Y n F C, I f: RI A g c n r I A T F q` PA APR — 2 6 — 9 5 W E ]] 1 _1, 29 O r L E A R Y DES I G s.'I A S S 0 C P.05 RETAIN EXISTING TREE CANOPY REMOVE DEAD --� BRANCH REMOVE BRANCH LIMITS OF CONSTRUCTION b N_ REMOVE BRANCH REMOVE DEAD BRANCH / 1 14z�l mitten -moo Uwypnblia CONSTRUCTION record in :annectjon with item On SPECIMEN LIVE OAK TREE PRUNING DIAGRAM 3060 ORANGE STREET APRIL as, 19�3 COCONUT GROVE, FLORIDA (� 95- 339 I UA APR-26-9'_5 WED 1 30 O A LEARY DES I G"I ASSOC P.06 I O°0 d 0 0 0 ° oq Submitted into the public ,f d0 0 0 d 0� record i { � 8 O�O i 0%5 O O iten1 2' j i 0 City ClerI; � o o � oo 0, ° i0 o O 0� o ERECT TEMPORARY BRIGHT COLOR SAFETY FENCE SYSTEM USING 2X4'S WITH GX6 POSTS. AS NECESSARY, REMOVE MATNTAIN COMPLETION OF JOB. - DO NOT PARK OR DRIVE VEHICLES OR EQUIPMENT OR OTHERWISE COMPACT I SOIL IN PROTECTED AREA i i BRIGHT ORANGE FLAGGING 5" LENGTH i /5�;MIN. EACH PANEL EXISTING GRADE UNDISTURBED WITHIN PROTECTED AREA k14'-0" WIDTH ---� LIVE OAK TREE PROTECTION BARRICADE 3060 ORANGE STREET APRIL 25, 1995 COCONUT GROVE, FLORIDA 95- CYI F A R V nFC1r.N AGCnrIATFC' PA 339 A P R- 2 6- 9 5 W E D 1 3 1 O r L E A R Y D E S I G `. ASSOC P. 0 7 Subu itted into the pubija O'LEA'RV DESIGN ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN WILLIAM A. O'LEARY, FASLA LINDSCAPE ARCHITECTIPLANNER record in. ltenl-Pa_<i�2 Hirai C:itY Clerk. EDUCATION: BACHELOR OF LANDSCAPE ARCHITECTURE UNIVERSITY OF FLORIDA, 1960 COLLEGE OF ARCHITECTURE & FINE ARTS ° DEPARTMENT OF LANDSCAPE ARCHITECTURE PROFESSIONAL EXPRRISNCE: O'LEARY DESIGN ASSOCIATES, P.A. LANDSCAPE ARCHITECTS/LAND PLANNERS URBAN DESIGN/GRAPHIC DESIGN PRESIDENT 1969 - PRESENT JONATHAN G. SEYMOUR, FASLA LANDSCAPE ARCHITECT, 1965-1968 PROFESSIONAL, "OliIAVIONS: AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS FELLOW OF SOCIETY, 1985 TRUSTEE OF SOCIETY, 1974-1980 FLORIDA CHAPTER PRESIDENT, 1972-1973 PUBLICATION BOARD 'LANDSCAPE ARCHITECTURE' MAGAZINE 1979-1982 BOARD OF TRUSTEES 'WAYS & MEANS' COMMITTEE, CHAIRMAN, 1978 INTERNATIONAL AFFAIRS TASK FORCE LECTURER: NATIONAL PARKING CONGRESS ANNUAL MEETING "The Importance of Landscape Architecture in the Planning Process" 9 J — 339. APR-26-945 WED 1 32 OrLEARY DESG'!. ASSOC P . 0 a WILLIAM A. O'LEARY, FASLA LANDSCAPE ARCHITECT/PLANNER PAGE TWO record 13.1 CY+:.':'1. "7 <.',': �:;.Cy 1 tii?i't "I2 coop P2 - _ can _.�. _s� O� I" ''tty 1E.T i City Clerk FLORIDA SHORELINE PRESERVATION CONFERENCE "A Discussion of Shoreline Review Board Criteria & Goals" UNIVERSITY OF FLORIDA, SEAGRANT EXTENSION PROGRAM - "Coastal Vegetation" FLORIDA HORTICULTURAL SOCIETY "Use of Native Plant Material" FLORIDA AGRICULTURAL EXTENSION SERVICE "Beachfront Park & Promenade Dune Restoration" "Natural Habitat - Revegetation with Native Plants" MIAMI MARINE COUNCIL "Shoreline Vegetation and its Impact on Marine Recreational Uses" FLORIDA INTERNATIONAL UNIVERSITY MIAMI DADE COMMUNITY COLLEGE Courses in "Planting Design" PUBLIC SERVICE AC''IVITIES: BAL HARBOUR ARCHITECTURAL BOARD BAL HARBOUR, FLORIDA MEMBER 1992 - PRESENT SHORELINE DEVELOPMENT REVIEW BOARD DADE COUNTY, FLORIDA, CHAIRMAN, 1985 - 1993 CITY OF MIAMI URBAN DEVELOPMENT REVIEW BOARD MIAMI, FLORIDA MEMBER, 1980 - 1988 FLORIDA BOARD OF LANDSCAPE ARCHITECTS MEMBER, 1980 - 1988 CHAIRMAN, 1985-1988 -� ENVIRONMENTAL REVIEW BOARD CITY OF SOUTH MIAMI, FLORIDA CHAIRMAN, 1976-1981 9"- 339 APR-26-95 WED O r 1 EARY DESIGN, ASSOC P . 09 WILLIAM A. O'LEARY, FASLA LANDSCAPE ARCHITECT/PLANNER PAGE THREE KEEP DADE BEAUTIFUL, DADE COUNTY, FLORIDA MEMBER, 1986-1990 Submitted, into the public record in o item lv't' r 1. -! Hirai City Clerk INC. BUILDERS ASSOCIATION OF SOUTH FLORIDA GROWTH MANAGEMENT TASK FORCE CHAIRMAN, 1986 ZONING TASK FORCE COMMITTEE DADE COUNTY, FLORIDA MEMBER, 1985 FLORIDA INTERNATIONAL UNIVERSITY FORMATION OF MASTERS PROGRAM IN LANDSCAPE ARCHITECTURE, CONSULTANT, 1988-1989 SOUTH DADE CHAMBER OF COMMERCE PLANNING & DEVELOPMENT COMMITTEE CHAIRMAN, 1976-1980 LANDSCAPE ARCHITECTURE LICENSURE COMMITTEE STATE OF FLORIDA MEMBER, 1963-1965 COMMITTEE FOR LICENSURE OF PLANNERS STATE OF FLORIDA, MEMBER 1974 UNIVERSITY OF FLORIDA VISITING PROFESSIONAL - PERIODICALLY WAORRSHIPS: GREATER MIAMI CHAMBER OF COMMERCE BUILDERS ASSOCIATION OF SOUTH FLORIDA LATIN BUILDERS ASSOCIATION LA14GUAGES: FLUENT SPANISH 95- 339 A P R- 2 6 --`3 5 W E D 1 4 .._: 3 3 O" L E A R Y DESIGN ASSOC P. 1 0 1OIDAk O'LEAARY DESIGN ASSOCIATES P.A. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN KATHRYN O''DERBY_RICHARDSjt ASLA t&DSCAPE ARCHITECT Submitted into the public record in il6`i?11 item p�_'�_ca3lir Himi cl-i'y Clerk EDUCATION: BACHELOR OF LANDSCAPE ARCHITECTURE UNIVERSITY OF FLORIDA (HONORS) 1985 PROFESSIONAL EXPERIENCE: O'LEARY DESIGN ASSOCIATES, P.A. LANDSCAPE ARCHITECTS/LAND PLANNERS URBAN DESIGN/GRAPHIC DESIGN AUGUST, 1993 TO PRESENT 1985 - 1987 WALLACE, ROBERTS, AND TODD ARCHITECTS AND LANDSCAPE ARCHITECTS AUGUST 1987 - AUGUST 1993 PROFESSIONAL REdI8TRATION3 LANDSCAPE ARCHITECT STATE OF FLORIDA, #0001317 PROFESSIONAL AFFfLIAtIONS3 AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS CO-CHAIRMAN ASLA/MIAMI SECTION 1992 LECTURERS INSTRUCTOR/MIAMI DADE COMMUNITY COLLEGE ENVIRONMENTAL CENTER, 1986 - 1987 PUBLIC SERVICE AC3'IVITIESt HABITAT FOR HUMANITY JIMMY CARTER WORK PROJECT, MIAMI; FL. PREVIOUS EXPERIENCE: SITE PLANNING AND DESIGN DARLING STADIUM, HAMPTON, VA RIVERSIDE PARK, CORAL SPRINGS, FL ATHALIE RANGE POOL, MIAMI,FL CONGRESS AVENUE COMMUNITY PARK, BOYNTON BEACH, FL. 95- 339 160" APR--26-95 WED 1 4 : 34 O r L.EARY DESIGN ASSOC P . 1 1 KATHRYN O'LEARY RICHARDS, ASLA LANDSCAPE ARCHITECT PAGE TWO Submitied irito the public record in c. on ncc:idon v i th .Z - � item_P '1 c)�1 dirai ClerkCily ST.THOMAS GOVERNMENT CENTER, ST.THOMAS U.S. VIRGIN ISLANDS FT.MYER'S U.S.P.S. FACILITY, FT.MYERS,FL. ST. CROIX COURTHOUSE, CHRISTIANSED, ST. CROIX SOUTHEAST OVERTOWN PARK WEST, 7TH & 9TH STREET PEDESTRIAN MALLS MIAMI, FLORIDA HOMESTEAD SPORTS COMPLEX, HOMESTEAD,FL JOHN & MABLE RINGLING MUSEIM ART MEMORIAL GARDEN, SARASOTA, FL LAKE WEST POINT GOLF COURSE STUDY, MAPLE CREEK, GEORGIA. BISCAYNE NATIONAL PARK, DADE COUNTY, FL. BANCO GANADERO, MIAMI, FLORIDA TROPICAL PARK PLAYGROUND STUDY, DADE COUNTY, FLORIDA TAMIAMI PARK STUDY, DADE COUNTY, FL. CENTENNIAL PARK, SARASOTA, FL. COMPOSITE MEDICAL FACILITY, HAB, HOMESTEAD,FL. SUNRISE CIVIC CENTER, SUNRISE, FL. SUNRISE SENIOR CENTER, SUNRISE, FL. INTRACOASTAL WATERWAY PARK, BOYNTON BEACH, FL. ROLLINS COLLEGE MASTER PLAN, WINTER PARK, FLORIDA CORAL GABLES YOUTH CENTER,CORAL GABLES,FL. CHARLES HADLEY POOL COMPLEX, MIAMI, FL. HONORS & AWARDSi AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS MERIT AWARD - 1985 GARGOYLE ARCHITECTURAL HONOR SOCIETY 1984 - 1985 DEAN'S HONOR LIST/UNIVERSITY OF FLORIDA 1984 - 1985 FLORIDA CHAPTER AWARD/AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS - 1984 i FLORIDA NURSERYMEN & GROWERS ASSOCIATION MEMORIAL SCHOLARSHIP - 1984 BANCO GANADERO / CITY OF MIAMI BEAUTIFICATION COMMITTEE - 1992 �- 339 COPY CITY OF MIAMI Subrait,,,i ZONING BOARD record Tali C' eYii EXCERPT FROM THE RECORD OF PROCEEDINGS of a REGULAR SEMIMONTHLY MEETING of the CITY OF MIAMI ZONING BOARD March 20, 1995 RE: Item No. 7 Application No. 94-363 3060 Orange Street MIAMI CITY HALL 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 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, March 20, 1995, commencing at 7:00 p.m., the Honorable Chairman Elba E. Morales, presiding. Board Members Present: Gloria Basila George E. Barket Humberto Hernandez Arsenio Milian Gary M. Carman Henry Crespo, Vice Chairman Also Present: Submitted iI1tU the pL, �1ic recordill c0A item P 2 City Cie- lic G. Miram Maer, Asst. City Attorney Teresita L. Fernandez, Chief Hearing Boards Office Lourdes Slazyk, Planning Building and Zoning Planner James J. Kay, Public Works Rafael Rodriguez, Zoning Gaston Cajina., Code Enforcement Eckert, Seamans By: Stanley Price, Esq. -and- Vicky Leiva, Esq. 701 Brickell Avenue Miami, F1 33131 Appearing on behalf of the Applicant Speakers: Hernando Acosta David Gell (Call to order, Invocation) (Pledge of Allegiance, Roll Call) 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA :J 1 2 3 4 5 I 1 6 7 8 9 10 11 12 13 I 14 15 16 17 18 19 20 21 I 22 23 i 24 25 Submitted into the public 3 record in c'a?jnec.lion f-:; th THEREUPON, the following proceedingsitwenre had: CHAIRPERSON MORALES: All right. Give uls' `Rent t ).c Number Seven, please. THE CLERK: 3060 Orange Street. Special Exception as listed in the Ordinance Number 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, R-2 Two -Family Residential, Conditional Principal Uses, for lots with more than 5,000 square feet, to allow one additional unit for each additional 2,500 square feet of lot area .for two lots with a net lot area of 22,960 square feet for a total of nine proposed units. This property is zoned R-2, Two -Family Residential. CHAIRPERSON MORALES: All right. Lourdes, please. MS. SLAZYK: The Planning, Building and Zoning recommendation is for approval with conditions. This special exception is to allow a total of nine units on three oversized duplex lots. The Department finds that the proposed structures along the southern boundary of the project are too close to each other given the height of the buildings. In the past we've recommended a ten -foot separation between structures that are over two stories within these types of developments. 9 5— 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 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 We have also found that in the past we've never recommended that separate parking spaces be allocated for visitors, and some of the projects that have gone up in the past several years have had overflow parking spilling into the streets and having an adverse effect on the area. So we recommend approval subject to six conditions: First, that the property be re -platted. Second, that the space between the structures be no less than 10 feet instead of approximately eight feet proposed on the southern boundary.. Third, that the area between the proposed structures on the southern half of the property be heavily landscaped. That a minimum of two additional visitor parking spaces be accommodated on a new site plan with the rest of the modification, and that the site plan be submitted for review and approval with the Planning Division prior to Submitted into the public the issuance of building permits. record in CHAIRPERSON MORALES: All right. You did say a item � - oy?_..T.. M151 . six-foot CBS wall? 7 Lv MS. SLAZYK: I'm sorry. I forgot. A s& $o6tecbs wall around the perimeter. And that's because the higher density on these projects abutting other duplexes, again, to buffer, and it could have an adverse impact on them especially if the 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA ps;. 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 5 parking areas are adjacent to a duplex lot. It's starts to have more of commercial parking feel. So that's why we usually recommend that wall. SU.bmittgd into �?7L�'r� CHAIRPERSON MORALES: All right. ;ha�rk "7t, record in Lourdes. item Mr. Kay, please. ry MR. KAY: The Public Works Departme ))ocG& A with the Planning Department's recommendation for platting. We have no other comments at this time. CHAIRPERSON MORALES: Thank you. MR. RODRIGUEZ: No comments from Zoning. CHAIRPERSON MORALES: Thank you, Mr. Rodriguez. MR. CAJINA: No comments at this time. CHAIRPERSON MORALES: Thank you, Mr. Cajina. Mrs. Fernandez, please. THE CLERK: All of you that are here for Item Number Seven on the agenda, please raise your hand? I count eight. CHAIRPERSON MORALES: Eight. THE CLERK: Does the Board wish -- CHAIRPERSON MORALES: The Board wishes to know. THE CLERK: The Board wishes to know how many are here in favor of Item Number Seven of the agenda. Seven. All except one, one opposed. 9 5- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 a-0 25 6 CHAIRPERSON MORALES: Okay. Swear them in. THE CLERK: All of you that are here to testify on Item Number Seven of the agenda, please raise your hand so I can swear you in? Mr. Acosta, would you stand up? CHAIRPERSON MORALES: SWZN-ittWei-7tt5) dta1n121BWjC sir, please. recordinco.-n3:3.t?oijo-i ,v-i,:h 1' � item - _ on. Thank you. (Thereupon all persons testifying orC;this gAatter were duly sworn) CHAIRPERSON MORALES: Thank you. We'll hear from the applicant, please. MR. PRICE: Madam Chairperson, Members of the Board, my name is Stanley Price, 701 Brickell Avenue. With me is my colleague Vicky Leiva. We represent Central Grove Properties, Inc., the Applicant. The principals, Mr. Luis Dominguez and Mr. Ken Rampone, are with us this evening, as well as Mr. Acosta, who is the architect for the project. Before I get into the factual bases, I want to indicate very clearly that we have worked with the professional department and we concur with their recommendation with the exception of one of the conditions which we will touch upon. That condition is the spacing between the structures. 95-- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 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 7 Initially when my client sought to develop this property, my client's first stop was at the NET office in Coconut Grove to determine a list of identifiable individuals who they should make contact with in terms of seeking acceptability to the project. My client outreached and met with several individuals: Mr. Michael Goldstein, who's a member of the Village Council; Mr. John Reardon, who's a landscape architect and a Grove architect, he's a member of the Village Council; Ms. Joyce Nelson, who is a member of the Village Council and Mr. Howard Weisberg, who is Chairman of the Coconut Grove Village Council. Each of these individuals were met with and the project was discussed, and we're pleased to announce that these organizations -- these representatives of the organization found the project to be acceptable. The one condition which we take -- respectfully take issue with the staff is the spacing between buildings. Following the meeting with representatives of the Planning Department, we asked . A-R,qqj;�%@k and determine the feasibility of q dahzEuo t,1actihia*_with i regulation. item On We had asked for in our plan an eight-fZ ptspTom g between the buildings. Technically the code requires a five-foot spacing between the buildings. 9 5- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA $181: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 Mr. Acosta went back to the drawing board, and he'll testify this evening, and based upon the desire and I think the necessity in this area of providing a two -car garage on -site for each of the structures, we are able now to ask the Board to consider permitting us as a condition to space the buildings at nine feet one inch. Anything short of that would require some major modifications to the parking garage. Subraitted into the public I'd like Mr. Acosta to c90,_g_TCfgrZwf,_:Fd, now.i�and.i�kt address that issue. itemlz • CHAIRPERSON MORALES: All right. Mr. Acnstati'ai Y i please. MR. ACOSTA: Hernando Acosta, 2818 West Trade Avenue, Miami, Florida. I was checking on the parking regulations with the building officials of the City of Miami, and the present guides and standards allow a legal parking space to be 8.5 feet wide plus one foot on each side when there is a wall or a structure in order to open the doors and facilitate the egress and ingress of the drivers or passengers. In order to accommodate that minimum, we only can reduce one unit to one foot -- excuse me -- two foot four inches, so in order to provide a nine -foot space that the one eight foot one marks on the plans. That's only one building affected. The others we are complyin CM-ith•� 3 f JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 4r" 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ■ we need more space, we have to sacrifice the parking space and then we' 11 be encroachingSd�,,}'T&e�ekW.Patl$®nlall. `icthe record in c�� ...t:.cec:,.v iis:i city. .. item P Z•_; That's basically --_ MR. PRICE: Will you please point out erd which lot we're talking about? MR. ACOSTA: This center unit in this plan is shown eight foot one inch between this separation with the others. By reducing the unit, we can increase the separation to nine foot one inch. That's one foot more than what was presented originally. And still we will be maintaining, you know, the same amount of parking spaces, all legal, without any deviation from the guides and standards of the city. CHAIRPERSON MORALES: All right. There's a question by Mr. Milian to Mr. Acosta. MR. MILIAN: Mr. Acosta, did you see the recommendation that was made by the Planning Department about a six-foot CBS wall? MR. ACOSTA: Yes. Yes sir. MR. MILIAN: Are you in agreement with that? MR. ACOSTA: Yes. MR. MILIAN: Wouldn't that be attracting a lot of graffiti. MR. PRICE: We plan to landscape heavily around the 35- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA lit, 1 2 3 4 5 M. 7 8 9 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 10 wall to alleviate the graffiti situation. Once again, we understand the need that the Planning Department had indicated, but we have been able to address that from a graffiti point of view. I would also like to point out in regard to the request of nine feet one inch rather than ten feet, that we would agree to additional landscaping as part of a submittal to the Planning Department, and also we would agree to an appropriate document which will provide the necessary access easements to the unit owners on both sides of that structure to provide for proper maintenance which is the major concern of the Planning Department. We understand the concern but we believe we can address that through proper declarations for the association. Submitted into the public CHAIRPERSON MORALES: A11 iz?ce�s,h� conclude your presentation, Mr. Price? itesn-P____ 7, • �3 MR. PRICE: Yes, it does. MR. ACOSTA: I have one more point to clear up about the graffiti. Hernando Acosta, 2815 West Trade Avenue. The recommendation of the Planning Department for the six-foot high CBS wall is on the perimeter of the property, and we have an iron gate, wrought iron fence all across the front so there is no chance for graffiti 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA t,r:. 1 2 3 4 5 6 7 8 9 6con 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 towards the street side. The rest is controlled by private residences, so the graffiti on the back will be really minimized. Submit�cd in�p the That's all. pi."7�1zC recoacl illrich CHAIRPERSON MORALES: AlAe.ght. Thank you Mr. Acosta.`:. Cc All right. Mr. Price. MR. PRICE: We would just like to reserve some time for rebuttal. CHAIRPERSON MORALES: Yes, sir. Thank you. Is there anybody else who wishes to speak in favor of this application? All right. Hearing none, is there anybody here who wishes to speak against this application? MR. GELL: Good evening, Madam Chair, Board Members. My name is David Gell. I live at 3290 Matilda Street in Coconut Grove. I am Chairman of the Coconut Grove Crime Prevention Council, I am president of the Center Grove Neighborhood Association within which this project is anticipated to be built. I'm also a member of the Village Council. And despite what counsel has said to you, I want you to know that this issue did not appear before the Village Council. Those people whom he indicated were Village Council members, are all members of an organization called 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 1 2 3 i 4 5 i 6 7 I 8 i 9 i 10 11 j 12 i 13 14 15 16 20 21 22 23 24 25 12 the Civic Club and that Civic Club has to its credit made some recommendations for this project; however, this Civic Club does not represent the neighborhood and I do. I am duly elected to that neighborhood as the president. Now, there's several issues that I think we'd like to. discuss. First of all, the city is in the process of changing the rules about special exceptions. You probably all know that. What's good for the future is certainly good for now. I think it's important to remember that. The crowding and the high density as we all know, and I think you've all seen, reduces property values in the neighborhood, it increases crime, it promotes lower prices for people to sell their homes, and right now the Center Grove is in trouble. The reason it's in trouAijb t AU" t01V Via particular types of the crowdJgcoi3fta�l W63Vai' iy�,Re the �- e� . ! ^1 units are not in demand. item We have several projects now in the nei(}iJDprZ.4gc� that are under foreclosure and that are being turned over to banks because they can not be sold and they're not able to be rented. That is creating a blight in the neighborhood. This would simply add to that blight. The applicant bought three lots and he K�w tbLat �he JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA L 4 4;, 1 2 3 4 5 6 7 8 I 9 10 14 15 16 17 18 19 20 21 22 23 24 FXZ 13 could build two units on each lot. And I bring to you the fact that I don't believe it's an automatic prerequisite that you have to give him another unit for each lot. I doubt that when they talked about duplexes, they really meant triplexes. I don't think that was intended. Now, the plan calls for 17 and 1800 square foot units, and as I said a minute ago, those units are now in foreclosure that are already existing. I'm trying to save, in a way, I'm trying to save this man from himself, the applicant, for building a project that he really doesn'tSUii6tird4toi#ioo-�.r ted, is not needed, is not the markWairn�i�'tet�`., GrgY;lright now. item But if that were the onlysituation th pnly reason �i Ty �.le7lc I was here, I'd have to say that's not true. I'm here to save my neighborhood. I'm here to help my neighbors have a pleasant place to live where it's not overcrowded. Obviously, a big issue here is density. Now, they talked about parking and I'm very glad to hear that the city has recognized that parking is a problem in the Coconut Grove and specifically in the Center Grove concerning residential properties. Nine units to have only two parking spaces for guests, I think is ludicrous. It doesn't make sense to 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA V:t 14 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have only two parking spaces for nine units as an overflow. It just won't add up right. If that's not enough for you, and I guess I'm appealing to common sense on all of those issues, I would ask you to consider me as a special expert witness. And I don't know really what your requirements are for being an expert witness, but my qualifications are I'm a State Certified General Real Estate Appraiser in the State of Florida, I'm also licensed as an instructor for commercial and residential appraising. I just found out about this -- there was one other issue I wanted to make before I went into the special witness or expert witness item. I contacted the applicant several weeks ago because I saw that the Montesorri School which is currently on this property was vacant. I asked him if he would consider contributing the use of that property until such time as it was being developed for the use of the community, the youth, for special classes, to help kids in tutoring. We have peoRUL"b_1li4i .ln�;tcj,"ayPV,&Iiigblunteer to rec rd,, help children in their schoo�ing but a2s`o dot e a little item .`a S:i'_ teen center. Hy _ T izai At that time he informed me that ;A,� pq@rl�eing developed. I never saw any plans. I know they're available. But as of last week I got several calls from 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 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 15 the neighborhood concerned about this project. So I had originally contacted him but I think you'll hear that I was left out of this list of people who they could have contacted and did not. Getting back to the expert witness, I would like, because of the issue of not having had sufficient time to bring together the data that I believe will prove to you that this is a bad project, the wrong project, an ill thought out use of this land, I would like the opportunity to bring that data to you, empirical evidence that would prove that this would deteriorate our neighborhood, would bring property values down surrounding it and is simply not something that I think that this board would like to see happen to the Center Grove .S1IbmgteLl LIli0 f1he Public record I'11t Now I'll be glad to entertain an- e-s 1oiis1-, v61J1 1tein. course. !" y ITrai CHAIRPERSON MORALES: All right. Thank �+qc ,(-16r Does any member have a question for the gentleman? MR. CRESPO: Yes, sir. In respect to your expert witness, you're the expert witness? MR. GELL: I'm pro bono to my organization. Yes, I receive nothing for it, but I do offer myself up as an expert witness and have been an expert witness in Dade, Broward and Palm Beach County Circuit Courts. MR. CRESPO: Well, do you have a resume that can 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 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 16 specify your expertise? MR. CELL: Not with me but I'll be happy to provide it to you. MR. CRESPO: Do you have one now? MR. CELL: No, sir, I have one available at a moment's notice. I didn't bring it with me today. I really wasn't sure I was going to offer myself up at this moment because I don't have this empirical evidence which I think is important and something I think you should see. MR. CRESPO: Thank you, sir. MR. CELL: And I'd like the opportunity to provide it for you. Submi-:' ed nto the public record ha '4"l�cfl MR. PRICE: Madam Chairperson, am i permite to item0:�i . I - inquire of the witness? j, , rr S'624-ly 2d,irai I CHAIRPERSON MORALES: No, sir. You ha4ytOadkress yourself to this board. Is there anybody else who wishes to speak in opposition to this application. All right. Hearing none, you have your time for rebuttal, Mr. Price. MR. PRICE: Let me try to expound on Mr. Crespo's questioning. Number one, the expert witness did not present any testimony in regard to any educational background in planning, any degrees in planning. An expert witness 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 41g., 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 knows the process in the City of Miami, knows what is available in terms of public records in order to determine the site plan of record and the nature of the application in front of this board. An expert would not come here today and acknowledge the fact that they have not taken the liberty of examining the official file in this cause. In addition, Mr. Gell has indicated that he has contacted my client. He asked my client to donate this Su property for a worthwhile chore, roco� it is very easy to ask someone to on �-'�so�bfie,Z�e�r�'1s item property for a charitable pursuit.`'''�1._� N 1 tj g We have met with your professional plan �;n I We're in accord of what they have asked for. We have one difference which we believe we can easily address in terms of appropriate documentation and landscape in regard to the maintenance of the common areas between that unit. Our architect has gone back to the drawing board and without sacrificing the integrity of our parking plan, which I believe is one of the major concerns in that neighborhood, we're able to pick up an additional one foot and approximately half -inch on both sides giving that separation of nine feet one inch. We believe we've done everything we can. We've worked with the staff. We believe that the staff recommendation is appropriate, however, that minor 9 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 1 2 3 4 5 M. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 deviation from staff recommendation, I believe we can address through the submittal of a landscape plan as well as documentation that there will be easements and access between the units in order to service those units. We ask that with that one modification that you accept your staff report. CHAIRPERSON MORALES: Thank you, Mr. Price. All right. Is there anybody else who wish to speak Subini#�ted into the Publicon this application? record in cc�, !t c_,r ! .. _ We will now close the public hearing'a-'Wi 6p4if ;p the item floor. XlclltY Hirai MR. BARKET: I'm ready to make a moti(SbY Clerk CHAIRPERSON MORALES: All right, sir. MR. BARKET: I move that the request on agenda Item Number Seven be granted for a period of 12 'months in which a building permit must be obtained. The requirements of Section 1305 were satisfied in the record of the public hearing as demonstrated by the petitioner subject to the conditions as set forth by the Planning Board and between the structures be no less than nine and a half feet instead of the ten feet. CHAIRPERSON MORALES: Did you say nine and a half? MS. SLAZYK: Nine point one. MR. BARKET: Nine point one. MS. BASILA: Second. 9 5- 339 JOHN J. BLUE & ASSOCIATES v MIAMI, FLORIDA 0 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 19 MR. BARRET: Second by Gloria Basila. CHAIRPERSON MORALES: There's a motion by Mr. Barket, seconded by Ms. Basila to approve with all conditions by the Planning Department except that the space between the structures be no less than nine point one. zero. Is there any discussion on the item? Please call the roll, Ms. Fernandez. THE CLERK: Mr. Barket? SllL1i?i led I1ito 'E11e p-i:_'',)!jC MR. BARKET: Yes. record 1-1 Cc;1 -jt ,.SG':::i.�,':3 'i i':izlt THE CLERK: Ms. Basila? lterrl_ oil MS. BASILA: Yes. THE CLERK: Mr. Carman? C1 y Clerk MR. CARMAN: Yes. THE CLERK: Mr. Crespo? MR. CRESPO: Yes. THE CLERK: Mr. Milian? MR. MILIAN: Yes. THE CLERK: Mr. Hernandez? MR. HERNANDEZ: Yes. THE CLERK: Ms. Morales? CHAIRPERSON MORALES: Yes. THE CLERK: Motion carries unanimously seven to This decision is final unless appealed in my office 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA 1 2 Km 4 5 6 7 M 10 11 12 13 Fss 15 16 17 18 19 20 21 22 23 24 25 within 15 calendar days. MR. PRICE: Thank you very much. CHAIRPERSON MORALES: All right. Thank you. (Thereupon, the hearing was concluded) Subrilitted in''O the Public record in CL � rai C:ifiY Clerk 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA �X' 21 COURT CERTIFICATE WITH ACKNOWLEDGMENT STATE OF FLORIDA ) ss. COUNTY OF DADE ) I, AMAR KREDI, Certified Shorthand Reporter, certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true record. Dated this 24th day of April, 1995. AMAR KREDI Certified Shorthand Reporter subI ifl[ed IE11ci 41'1.^ 3:ecmd in STATE OF FLORIDA ) �• . ss. item COUNTY OF DADE ) lv S uity 1- 'rai cit-y Clerk The foregoing certificate was acknowledged before me this 24th day of April, 1995 by AMAR KREDI, who is personally known to me. C � t otary Public - State of Florida My Commission No. 337372 Expires: December 21, 1997 PY PU OFFICIAL NOTARY SBA. 0 el JOHN J 3LIA C Cs OF FAQ 0EC. 21,1647 95- 339 JOHN J. BLUE & ASSOCIATES - MIAMI, FLORIDA w jbw im AV fA - f B.71, AV w1v 401!i NUM rAMMYA VANN= V MAMMUW— WIN WAWA AF p" I'M . . . . . . . . . . 47 V .0 V AWN ir`C'�®eQlO'Y►�}},, e+s}�5..•0 r ) \\\ ` ~+ �� `� 1 wi4c?�t, `���e: M 7, �V .. !t MINN If v , 17 LN Ak .............. . . . . . . . . lA�'`�, o