HomeMy WebLinkAboutR-95-0207J-95-127(a)
3/9/95
RESOLUTION NO. 9 5 - 207
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION
FROM ORDINANCE NO. 11000 AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO
ALLOW THE INSTALLATION OF DRIVE-IN FACILITIES
AT A FINANCIAL INSTITUTION, LOCATED AT
102 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), PER
PLANS ON FILE, ZONED C-1 RESTRICTED
COMMERCIAL, SUBJECT TO THE CONDITIONS OF THE
PLANNING DIVISION OF THE PLANNING, BUILDING
AND ZONING DEPARTMENT AS SET FORTH HEREIN,
AND SUBJECT TO A TIME LIMITATION OF TWELVE
MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, AND FURTHER SUBJECT TO A REVIEW BY
THE CITY COMMISSION ONE YEAR FROM THE DATE OF
THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY
FOR THE DRIVE-IN FACILITIES.
WHEREAS, the Miami Zoning Board at its meeting of January 9,
1995, Item No. 2, following an advertised meeting, adopted
Resolution ZB 002-95 by an eight to zero (8-0) vote granting the
Special Exception subject to the conditions of the Planning
Division of the Planning, Building and Zoning Department, and
further, subject to the approval of the City Commission; 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
-CITY Coburn idv
MEETING OF
PEAR` 0 9 1995
Resolution No.
95- 207
WHEREAS, the City Commission after careful consideration of
this matter, deems it advisable and in the best interest of the
general welfare of the City of Miami and its inhabitants to grant
the special exception and to affirm the decision of the Zoning
Board;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings set forth 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 11000, as amended,
the 'Zoning Ordinance of the City of Miami, Article 4,
Section 401, Schedule of District Regulations, C-1 Restricted
Commercial, Permitted Principal Uses, to allow the installation
of drive-in facilities for a financial institution, located at
102 Northwest 37th Avenue, Miami, Florida, also described as
Lot 22, less the North 30 feet, and Lot 23, Block 13, CHURCHILL
ESTATES SECTION "A" SUBDIVISION, as recorded in Plat Book 45 at
Page 44 of the Public Records of Dade County, per plans on .file,
zoned C-1 Restricted Commercial, subject to the following
conditions of the Planning Division of the Planning, Building,
and Zoning Department: 1) a six foot painted C.B.S. wall shall
be erected; 2) the potentially dangerous vehicular circulation
flow depicted for the drive -through area shall be modified in
compliance with the Zoning Ordinance; and further, subject to a
95- 20'7
-2-
time. limitation of twelve months in which a building permit must
be obtained, and further, subject to review by the City
Commission one year from the date of issuance of the Certificate
of Occupancy for the drive-in facilites, 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 9th day of March , 1995.
AT ' S STE EN P. CLARK, MAYOR
o .
HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
� M fAam
MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
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A. QlJ NN NES, III
CITY AT NEY
M4887/GMM/ms/bss
95-- 207
-3-
ZONING FACT SHEET PZ01
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
102 N.W. 37th Avenue
Lot 22, less the N 30 ft. and Lot 23, Block 13, CHURCHILL ESTATES SECTION "A"
SUBDIVISION (45-44) PRDC.
S.E.S. Investment, Inc.
7601 S.W. 89th Avenue
Miami, Florida 33173
C-1 Restricted Commercial.
Ronald A. Shapo, Esq.
200 S. Biscayne Blvd. N4750
Miami, Florida 33131
358-4440
REQUEST Special Exception requiring City Commission approval as listed in Ordinance No.
11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section
401, Schedule of District Regulations, C-1 Restricted Commercial, Permitted
Principal Uses, to allow a financial drive-thru facility; zoned C-1 Restricted
Commercial.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Approval with Conditions.
PUBLIC WORKS No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION Contact D.C.P.W. for driveway connection on 37th Avenue.
ENFORCEMENT 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
ANALYSIS This request is for the purpose of locating a drive -through bank on the subject property. The
proposed structure would take the place of an existing eating establishment; this corner lot on
a major street stands to benefit greatly by the substitution of the old structure with the new
structure proposed in this application. Further the existing restaurant is partially operated
as a drive-thru facility and because of its configuration, does not interfere with the flow of
circulation on the adjacent streets. The Department also finds that financial institutions on
the whole are well maintained, stable facilities which provide local'residents with a secure
source of jobs, as well as a convenient and easily accessible location to serve daily banking
needs. Based on these findings, the PBZ Department recommends approval of this application with
the following conditions: 1) that a six foot painted c.b.s. wall be erected instead of the
proposed five foot wall; so as to better separate the commercial use from the abutting
residential lots; and 2) that the potentially dangerous vehicular circulation flow depicted for
the drive -through area be modified per the Department recommendation on the accompanying item.
ZONING BOARD Granted for twelve (12) months subj. to CC approval & conditions. (Res. No.00 2-95)
APPELLANT
CITY COMMISSION Continued on CC 2/23/95 to CC 3/9/95.
APPLICATION NUMBER 94- 342 Page 1 January 9, 1995 9 5 207
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Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 002-95
AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305
OF ORDINANCE 11000,- AS AMENDED, THE ZONING BOARD GRANTED
A SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL,
AS' LISTED IN ORDINANCE NO. 11000, 'AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS,.-C-1 RESTRICTED
COMMERCIAL, PERMITTED PRINCIPAL USES, TO ALLOW A
FINANCIAL DRIVE-THRU FACILITY AT 102 N.W. 37TH AVENUE
LEGALLY DESCRIBED AS LOT 22, LESS THE NORTH 30 FEET AND
LOT 23, BLOCK 13, CHURCHILL ESTATES SECTION "A"
SUBDIVISION (45-44) PUBLIG.RECORDS OF BADE COUNTY; ZONED
C-1 RESTRICTED COMMERCIAL. 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, SUBJECT TO THE CITY COMMISSION APPROVAL AND THE
CONDITIONS OF THE PLANNING DIVISION OF THE PLANNING,
BUILDING AND ZONING DEPARTMENT.
Upon being seconded by Mr. George E. Barket
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
- Moran-Ribeaux, Barket, Carman, Crespo,
Luaces and Milian.
NAYES: None.
ABSENT: Mrs. Hernandez and Mr. Sands.
Ms. Fernandez: Motion carries 8-0.
January 9, 1995 Item# 2
Zoning Board
05- 207
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 3305 (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
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:
130 .1 Ingress and Egress.
1�'eo Due consideration shall be given to adequacy of ingress
and egress to the property and structure and uses thereon, with
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
1305.2 Offstreet Parkin and Loadin
Due consideration shall be given to offstreet parking and
loading facilities as related to adjacent streets, with
particular reference to automotive and pedestrian safety and
convenience, internal traffic flow and control, arrangement in
relation to access in case of fire or other emergency, and
screening and landscaping.
1305.3 Refuse and service areas.
/r 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.
d'1305.4 Signs and lighting.
/v A 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— 207 �3
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 Drainsae
/- /�' 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.
1303.8 control of potentially adverse effects aenerall
>`¢V 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.
SZgnaturp
195-
Date
95- 207
Item
APPLICATION FOR SPECIAL EXCEPTION
File Humber
Within the,City generally, or within certain toning 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 relating to Special
Exceptions. (Sea 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 Departwit
of Planning, Building and Zoning for his recomw4 ations and the
director shall make any further referrals required by these
regulations.
*Attorney for Owner
1, Ronald A. Sha po * , hereby apply to the City of Miami Zoning Board for
approval of a Special Exception for property located at N.W.7 Avenue
Miami , Florida 33125
Nature of Proposed Use (5e specific) Bank - Drive Th ru
In support of this application, the following material is submitted:
X 1. Two copies of a survey of the property Prepared by a State of Florida
Registered land Surveyor.
X 2. Four copies of: the site plan showing (u required) property boundaries,
existing. (if any) and proposed structure(s), , parking, landscaping
etc; building elevations and dimensions and' computations of lot area
and,,building spacing,
, X 3. Affidavits disclosing ownership of property covered by application and
disclosure of interest fore (attach to application).
J_ 4. Certified list of owners of real estate within a 375-toot , radius of the
outside boundaries of property covered by the application.
X 5. At least two photograr... that show the entire property (land and improve -
Bents).
6. Other (Specify) -
X 7.
Fee of to apply toward the cost of processing:
95-- 207
15
4-M..
Special Exception .......................... $650.00
Surcharge equal to applicable fee from itee above,
not to exceed six hundred and fifty dollars (3550)
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) ---�
Signature �c
one PM91apo d iorney for owner)
mum Ronald A. Shapo, Esquire
Shapo, Freedman & Fletcher P.A.
Address 200 South Biscayne -Boulevard
Mite 4750, Miami, Florida 33131
Phone (305) 358- 4440
STATE OF FLORIDA)
SS:
COUNTY OF DADE )
_, being duly sworn, deposes and says that he is the
ttorney for (owner) of the real property described in answer to question 11
above; that he has read the foregoing answers and that the sass are true and complete;
and (if acting as agent for owner) that he has authority tQ execute ;Lgis petition ,on
behalf of the otmor.
P
(Names)
SWORN TO AND SUISgIBED
before ex this 55 do of
November 149 4
My Comission Expires:
icy
LOTAR
ILIAL \OTAnY SEAL
DIANE ADAN
PCRI.!C 5TACI: OF FLORIDA
�lISSION, NU. CC271397
'11GSWIN EX['. �tAR.23,i9?7
Notary Public, State of Florida at Large .
95- 207
AFFIDAVIT
SATE OF FLORIDA }
} SS
COUNTY OF DADE - }
Before me, the undersigned authority, this day personally appeared
Ronald A. Shapo who. being by me first duly sworn, upon oath, deposes
and says: rE.
1. That he is the owner, or the legal representative of the owner,
submitting the accompanying application for a public.. hearing 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 a4Lin their behalf for the change or sodifica.
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and made a part of this affidavit
contain the current names, sailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not. '
(Noss Ronald A. Shapo
Sworn to and Subscribed before se
this .1 L day of November, 1994
r
n E1NWCVrIrAKRYY
L NOTARY 5EAL
Notary Public, State of Florida at Large IC STATE OF FLORIDA
IONNO. CC271397IC1V rxP. MAR.23,1997 2 7
My Corission Expires:
OWNER'S LIST
Owner's Name S.E.S. Investment, Inc.
Mailing Address 7601 S.W. 89th Avenue Miami, FL 33173
Telephone Number
Legal Description: LOT 22, less the North 30 ft. and Lot 23, Block 13,
CHURCHILL ESTATES SECTION "A"SUBDIVISION (45-44) PRDC.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
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
N/A
Street Address
Street Address
Legal Description '
Legal Description
DISCLOSURE OF OWNERSHIP
1. _egal description a4 street address of subject real property:
Lot 22, less the North 30 feet thereof, and Lot 23, Block 13,
of CHURCHILL ESTATES SECTION "A", according to the Plat thereof,
recorded in Plat Book 45, Page 44 of the Public Records of Dade
County, Florida. (a/k/a 102 N.W. 37 Avenue, Miami, Florida 33125)
2. ONm er(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
pet:itioi to the City Comission. Accordingly, question 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
S.E.S. Investment, Inc. Ownership 100% of property
'Sergio Delgado, 'President , Director 50
Elba Delgado, Secretary, Treasurer, Director 5 0%
Sergio belgado, Jr., Director 0
3. Legal description and street address of any real property (a) armed by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property. None
OM0O144D9K ATTORNIT FOR OWNER
Ronald A. Shapo, Esquire
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Ronald A. Sha po being duly sworn, deposes and says that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question tl,
above; that he -has road the foregoing answers and that the sap are true and coe:plete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
1'rtSOL)
-- (Nm)
OFFICIAL N
SWORN TO AND SU®5CRIBEn DIANE ADDA N
before me this FNCRY P1IBLiC STATF. OF FLORIDA
day of November 1994 sslc'. �o cca;:?a�
Notary at Large
MY COMIISSION EXPIRES:
95- 207