HomeMy WebLinkAboutR-95-0208J-95-128(a)
3/9/95
RESOLUTION NO.
95- 208
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 9, SECTION 931, DRIVE -
THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR
WASHES, SUBSECTION 931.2 REQUIREMENTS FOR
RESERVOIR SPACES, APPLYING GENERALLY, TO
ALLOW A DRIVE THROUGH FINANCIAL INSTITUTION
WITH A REDUCTION OF THE RESERVOIR SPACES AS
FOLLOWS: (A) REQUIRED (FIRST SERVICE
WINDOW): TEN (10) SPACES BEFORE THE SERVICE
WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW,
AND ONE (1) SPACE AFTER THE SERVICE WINDOW;
PROPOSED: THREE (3) SPACES BEFORE THE
SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE
WINDOW, AND ONE (1) SPACE AFTER THE SERVICE
WINDOW; AND (B) REQUIRED (SECOND SERVICE
WINDOW): EIGHT (8) SPACES BEFORE THE SERVICE
WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW,
AND ONE (1) SPACE AFTER THE SERVICE WINDOW;
PROPOSED: FOUR (4) SPACES BEFORE THE SERVICE
WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW,
AND ONE SPACE AFTER THE SERVICE WINDOW, FOR
THE PROPERTY LOCATED AT 102 NORTHWEST 37TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); ZONED C-1 RESTRICTED
COMMERCIAL; PER PLANS ON FILE; SUBJECT TO A
TIME LIMITATION OF TWELVE MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED, AND SUBJECT
TO A REVIEW BY THE CITY COMMISSION ONE YEAR
FROM THE DATE OF 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. 3, duly adopted Resolution
No. ZB 003-95 by a five to three (5-3) vote, granting a special
exception, subject to Commission approval, as hereinafter set
forth; and
CITY ComnsSI07N
MEETING OF
MAR 0 9 1995
Resolution No.
95- 208
WHEREAS, :toning 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, 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 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 Miami Zoning Board to
grant a Special Exception from Ordinance No. 11000, as amended,
the Zoning Ordinance of the City of Miami, Florida, Article 9,
Section 931, Drive -through and Drive-in Establishments; Car
Washes, Subsection 931.2 Requirements for Reservoir Spaces,
Applying Generally, to allow a Drive Through Financial
Institution with a reduction of the reservoir spaces as follows:
(A) Required (first service window): Ten (10) spaces before the
service window, one (1) space at the service window, and one (1)
space after the service window; Proposed: Three (3) spaces
before the service window, one (1) space at the service window,
and one (1) space after the service window; (B) Required (second
service window): Eight (8) spaces before the service window, one
95-- 208
-2-
(1) space at the service window, and one (1) space after the
service window; Proposed: Four (4) spaces before the service
window, one (1) space at the service window and one (1) space
after the service window, for the property located at
102 Northwest 37th Avenue, Miami, Florida, legally described as
Lot 22, less the North 30 feet, and Lot 23, Block 13, CHURCHII,L
ESTATES SECTION "A" SUBDIVISION, as recorded in Plat Book 45 at
Page 44 of the Public Records of Dade County, Florida; zoned C-1
Restricted Commercial, per plans on file, said Special Exception
having a time limitation of twelve months in which a building
permit must be obtained, and subject to a review by the City
Commssion one year from the date of issuance of the Certificate
of Occupancy for the drive-in facilities, is hereby affirmed and
a 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.
ST—AfPHEN P. CL K, MAYOR
CITY C14ERK
PREPARED AND APPROVED BY:
/.1 RI AMA ER
CHIEF ASSISTANT CITY ATTORNEY
GMM/ms/amr/bss/M4889
-3-
APPROVED AS TO FORM AND
CORRECTNESS: �..'W;M40
Al. Qj/1INN 0 ES, III
CIT ATT EY
95- 208
REVISED
ZONING FACT SHEET PZm 2
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"
(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. f4750
Miami, Florida 33131
358-4440
REQUEST Special Exception requiring City Commission approval as listed in Ord. No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Article 9, Section 931.2
Requirements for reservoir spaces, to allow a drive-thru financial institution with
a reduction of said spaces. Required (1st window): (10) spaces before the service
window, (1) space at the service window and (1) space after the service window.
Proposed: (3) spaces before the window, (1) space at the window and (1) space after
the window. Required (2nd window): (8) spaces before the window, (1) space at the
window and (1) space after the window. Proposed: (4) spaces before the window, (1)
space at the window and (1) space after the window.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS A reduction in the min. stacking requirements may cause street and sidewalk
obstruction during peak banking hours.
PLAT AND STREET N/A. J
DADE COUNTY TRANSPORTATION Contact D.C.P.W. for driveway connections 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 Although the subject site has held in the past and holds presently a drive-thru facility which
does not disrupt, nor in any way affect negatively, the prop flow of traffic on the adjacent
streets; the particular drive-thru configuration proposed in ,-pis application is prat �:matic.
The circulation pattern chosen and the limited reservoir spaces proposed would result in a
stacking effect that would, in all likelihood, lead to the spillover of queueing vehicles onto
37th avenue. This would hold true particularly during peak hours. Such an obstruction of
traffic in a major arterial is both dangerous and avoidable. The Planning, Building and Zoning
Department finds that the reduction of reservoir spaces is unnecessary, and recommends that the
applicant revise the proposed drive-thru configuration to find a solution that would be in
compliance with the Ordinance's requirements and guidelines. Based on these findings, it is
recommended that this application be denied as proposed.
ZONING BOARD
APPELLANT
CITY COMMISSION
Granted for twelve (12) months subject to CC approval.
Continued on CC 2/23/95 to CC 3/9/95.
APPLICATION NUMBER 94- 343
Page 1 January 9, 1994
(Res. No. 003-95)
95- 208
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Mr. Osvaldo Moran-Ribeaux offered the following Resolution
and moved its adoption.
RESOLUTION ZB 003-95
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 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI,.ARTICLE 9, SECTION 931,
DRIVE -THROUGH -AND DRIVE -,IN -ESTABLISHMENT; CAR WASHES,
SUBSECTION 931,.2 REQUIREMENTS FOR RESERVOIR,SPACES,
APPLYING GEKERALLY, TO ALLOW A DRIVE-THRU FINANCIAL
INSTITUTION WITH A REDUCTION OF THE RESERVOIR SPACES.
REQUIRED (1st WINDOW): (10) SPACES BEFORE THE SERVICE
WINDOW, (1) SPACE AT THE,SERVICE WINDOW AND (1) SPACE
AFTER THE SERVICE WINDOW. PROPOSED: (3) SPACES BEFORE
THE WINDOW, (1) SPACES -AT THE WINDOW AND (1) SPACE AFTER
THE WINDOW. REQUIR69 6Znd WINDOW): ffl
SPACES BEFORE THE
WINDOW, (1) SPACE AT THE WINDOW AND SPACE AFTER THE
WINDOW. . PROPOSED:.(44#rSPACES BEFORE THE WINDOW, (1)
SPACE AT THE WINDOW AND (1) SPACE AFTER THE WINDOW FOR
THE PROPERTY LOCATED AT 102 N.W. 37TH AVENUE LEGALLY
DESCRIBED AS LOT 22, LESS THE NORTH 30 FT. AND LOT 23 „
BLOCK 13, CHURCHILL ESTATES SECTION "A" SUB. (45-44)
PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED
COMMERCIAL. THIS SPECIAL EXCEPTION HAS A TIME
LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED AND IT IS SUBJECT TO THE CITY COMMISSIONI
Upon being seconded by Mr. George E. Barket
the motion was passed and adopted by the following vote:
AYES: Ms. Basila. Messers. Moran-Ribeaux,
Barket, Carman and Luaces.
NAYES: Messers. Crespo & Milian. Mrs. Morales.
ABSENT: Mrs. Hernandez and Mr. Sands.
Ms. Fernandez: Motion carries 5-3.
January 9, 1994 Item# 3
Zoning Board
APPROVAL.
95- 208l
ZONING .BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION
I move that the request on agenda item L� 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
V' as demonstrated by the petitioner, or
c) on the basis of the followings
The Zoning Board, in its decision to (grant) (deny) the special
exception, shall make written findings that the applicable
requirements of this Zoning Ordinance, Section 2305, (have) (have
not) been met.
Circle appropriate conditions:
1305.1 Ingress and Egress.
v--J 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 incase of fire
and emergency.
1305.2 Offstreet Parking and Loading
Due consideration shall be given to offstreet parking and
loading facilit.ss 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.
fi de, 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
/Ot",�'.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- 208 13
,inn:.
ki
APPLICATION FOR SPECIAL EXCEPTION
File Vumber `
.ithin the City generally, or within certain zoning districts,
:erta!n structures, uses, and/or occupancies specified in this
ordinance are of a nature requiring special and intensive review
to deterlllne whetmer or not they should be permitted in specific
locationA stand if so, the special limitations, conditions, and
safeguaros which should be applied as reasonably necessary -to
promote the general purposes of this Zoning -Ordinance, and,' in
particult, to protect adjoining properties and the neighborhood
from av,. .J a potentially adverse effects. It iz• further
intended oiat the expertise and judgement of the Zonilq Board 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 Department7"
of Planning, Building and Zoning for his rec�ndations and the
director shalt make any further referrals required by these
regulations.
*Attorney for Owner
I, Ronald A- Shann*t , hereby' apply to the City of Miami Zoning Board for
approval of a Special Exception for property located at 102 N.W. 37th Avenue
Nature of Proposed Use (Be specific) to permit a drive—thru facility with
a reduction of the required reservoir spaces.
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.
2. Fw r-copies of: the site plan showing (as required) property boundaries,
existing (if any) and proposed structure($), parking, landscaping
etc; building elevations and dimensions and, computations of lot area
and building spacing.
3. Affidavits disclosing ownership of property covered by application and
disclosure of interest form (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.
S. At least too photographs that show the entire property (land and improve-
ments).
6. ' bther (Specify)
7. Fee of Sto apply toward the cost of processing: 9 5 —
15
AFFIDAVIT
SS
:OUNTY ;F :AOE
Before nee, the undersigned authority, this day personally appeared
Ronald A. Shapo who being by as first duly sworn, upon oath, deposes
and says:
1. That he is the owner, or the legal representative ofthe owner,
subeaitting 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 Bade a part thereof.
2. That all owners which he "presents, if any, have given their full
and complete permission for him to agt in their behalf for the change or modifica.
tion of a classification or regulation of toning as set out in the accompanying
petition.
3. That the pages attached hereto and mode a part of this affidavit
contain the current names, mailing addresses, phone numbers and legal descriptions
for the the real property of which he is the owner or legal representative.
d The facts as represented in the application and documents submitted
in conjunction with this affidavit are true and correct. ,
Further Affiant sayeth not.
(Nape) Ronald A. Shapo
Sworn to and Subscribed before me
this ? % day of November, 19 94
Off ICIAL \OTAKY SEA
Ilk DiANE ADAV
Notary Public, State of Florida at Lane 'NOTARY PUBLIC STATE OF FLORIDA 208
COSINI(SSi N `O. CCV1397
`.iygO'�i�iISSiaN aP. \IAR.23,1997