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HomeMy WebLinkAboutR-95-0430J-95-332 (a) 5/25/95 RESOLUTION NO. 95— A )0 A RESOLUTION, WITH ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, 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 DWELLING 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 PROPOSED PROJECT OF NINE (9) UNITS FOR THE PROPERTY LOCATED AT 3060 ORANGE STREET, MIAMI, FLORIDA, ZONED R-2 TWO FAMILY RESIDENTIAL, PER PLANS ON FILE, SUBJECT TO THE CONDITIONS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, AND WITH A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of March 20, 1995, Item No. 7, duly adopted Resolution No. ZB 030-95 by a seven to zero (7-0) vote, granting a special exception, as hereinafter set forth; and WHEREAS, two appeals have been taken to the City Commission by neighbors from the grant of the special exception; and WHEREAS, the City Commission after careful consideration of this matter, finds that the application for a special exception does meet the applicable requirements of Zoning Ordinance No. 11000, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to . T7AC III1,ELlf 1T bra CONTAIN D CITY CaMUsSYOiW MEETING OF MAY 2 5 1995 Resolution No, 95— �130 approve the special exception and to affirm the decision of the i Zoning Board; i NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, j 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 dwelling 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 proposed project of nine (9) units, for the property located at 3060 Orange Street, Miami, Florida, legally described as Lots 15, 16 and 17, of ORANGE POUND'S SUBDIVISION of Block 6, of EDWARD PENT HOMESTEAD, as recorded in Plat Book 3, at Page 34, of the Public Records of Dade County, Florida, zoned R-2 Two Family Residential, per plans on file, subject to the conditions set forth on Exhibit "A" attached hereto and made a part hereof, and with a time limitation of twelve (12) months in which a building permit must be obtained, is hereby affirmed and the Special Exception is hereby granted. 2 95-- 430 Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 25th day of May 1995. STEP N P. CLA K, MAYOR ATTEST: MATTY HITA CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. iNV j6NES, II CIT A EY .& WOO&DOC -z- Q5- A30 PJ- 3 5 Specimen oak tree shall be preserved. There shall be a minimum distance of fifteen (15) feet between the two buildings adjacent to the specimen oak tree. There shall be a mitigation plan, subject to approval by the director of the Planning, Building and Zoning Department, for any loss of specimen trees, One additional parking space shall be provided (this shall be in addition to the two excess parking spaces which applicant has previously committed to provide). Landscaping consistent with the landscape plan approved by the Director of the Planning, Building & Zoning Department, shall be provided in the swale area to discourage its use for parking. 6. Roof of one of the buildings shall be modified and location of second story of building shall be changed, if necessary, to avoid cutting off limbs of specimen trees. 7. Applicant shall provide a covenant, in a form acceptable to the City Attorney, whereby it agrees to the conditions of the Special Exception. amk/G MM/ME, M/C G P 1. D OC EXHIBIT "A" 95- 430 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the ity Commission FROM Cesar H. Odio City Manager DATE : May 24, 1995 FILE : SUBJECT Appeal of Special Exception for 3060 Orange Street REFERENCES: Agenda Item, City Commission ENCLOSURES: Meeting of May 25, 1995 It is respectfully recommended that the City Commission 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 property located at 3060 Orange Street with the conditions as listed in the attached Zoning Fact Sheet and with the additional conditions listed below. At the City Commission Meeting of April 27, 1995, the Planning, Building and Zoning Department was requested to hold a meeting with the applicants of the above -referenced project and any msmbers of the public and neighborhood residents who had expressed an interest in the project. After notifying all residents within 375 feet of the subject property, the appellants of the project and all others whom the Department knew about that had expressed an interest in the project, the Planning, Building and Zoning Department held the above -referenced meeting on the site of the proposed project on Monday, May 15, 1995 at 10:00 A.M. Based on the presentation given by the applicant representatives on the site, and the ccmments received by those present, the Planning, Building and Zoning Department is recomwnding approval of the requested Special Exception with the following conditions: Page 1 of 2 95- 430 I. The final plans for development approval shall be modified to in its current location, an existing Southern Live Oak tree with a diameter of approximately four (4) feet located at the center of the property; the plans shall further: 1) provide a minimum of fifteen (15) feet separation between buildings surrounding the above -referenced oak tree; and 2) be modified in whatever means necessary in order to allow for a minimal amount of limb cuts to the above -referenced tree (including a slanted roof line for one of the structures, and/or an adjustment to second floor roan, as discussed at the on -site meeting referenced above). 2. The applicant shall provide a final tree mitigation plan for approval by the Director of the Planning, Building and Zoning Department prior to the issuance of any building permits; said plan shall specifically address mitigation to be required by the applicant in the event that any tree called out for preservation is lost during construction; 3. The applicant shall provide a sufficient amount of landscaping within the swale area of the Orange Street frontage of the project to discourage parking within that area; a covenant which assures that said landscaping shall be maintained by the property owner(s) must be provided and recorded within 90 days of the approval of the Special Exception or prior to the issuance of a building permit, whichever is sooner; and 4. The final site plan shall be modified in order to acccmTK)date at least one additional visitor parking space, as agree upon by the applicant and members of the community at the on -site meeting. Page 2 of 2 95-a 430 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 from 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 complex at a very high cost. With optimum care 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 properly dug and boxed. The only other alternative would be to 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: anti Botanical/Common name Remarks 6 Quercus Virginia/Live Oak minimum 22 ft. height x 18 ft. spread, 8" caliper, 200 gal. container, Florida No. 1 or better 95- 430 ECKERT SEAMANS CI-iERIN & MELLOTT e May 10, 1995 701 Brickell Avenue 18th Floor Lourdes Slazyk Miami, FL 33131 City of Miami Telephone 3051373-9100 Building, Zoning and Planning Department Facsimile 3051372-9400 275 NW 2nd Street Miami, Florida 33128 Re: 3060 Orange Street Dear Ms. Slazyk: The purpose of this letter is to advise you of the applicant's intent to rearrange the unit layout on the plan submitted as part of the special exception application on the above -referenced property. The rearrangement of the unit is being undertaken in order to preserve the oak tree on site. Also enclosed you will find the documentation provided by landscape architect, William O'Leary, in relationship to preserving and protecting the oak tree. This will allow the tree to remain, and the project to be built as approved by the Zoning Board without any need for variances or relaxation of any other zoning code requirements. We look forward to meeting with you and the neighbors to share with them this new proposal prior to the next City Commission meeting scheduled for May 25, 1995. If you need any additional information, please do not hesitate to call me. Miami Harrisburg Pittsburgh AVL: id:22448 Encl. Allentown cc: Luis Dominguez Ken Rampone Philadelphia Stanley B. Price, Esq. Boston Sergio Rodriguez Buffalo Fort Lauderdale Boca Raton Tallahassee Washington, D.C. S' rely, A. Vicky Leiva A. VICKY LEIVA 305/ 347-3818 95- A30 6- S S W L D 1 3 8 O r 1_ E A R Y D I G A S S O C P v 0 2 fi U 1 A.. rig:I.EAkY`0t916N'ASS0CIATES P.A. L,INDSCAPEXRCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN April 26, 1995 Mr. Luis Dominguez Cgntral Grove Properties, Inc. 4 15 S. W. 64th Avenue Miami, Florida 33153 Re: TpwnhQuse Site 3060 Orange Street Coconut Grove, Florida Dear'Mt. Dominguez: Pursuant to. our recent inspection of the above referenced site, we have' the following comments regarding the large specimen Quereus Virginfana (Live Oak tree): 1 A) The tree should not be relocated. •B) The tree can remain, and will survive within the 1.5' 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', abov6, 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.2, above9 5 — 430 � APf?-2�?-'95 4JED 1 T Mr.. Luis Dominguez April 26, 1995 Page two S9 O r LEA2Y DES0C S I G�' AS P 03 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 G4LN WItLIAM A. O' LEARY, FASLA WAO/cas cc Stanley Price 95- 430 V'- 9 5 W E D 1 4 8 O^ L E p R Y DES I G h ASSOC R.04 ,.L... ..,, .,.,..,,ADE (SEE DFrAIL) PROPERTY LINE 4. 1 - .�. PROPOSED TOWNHOUSE DEVELOPMENT CENTRAL GROVE PROPERTIES, INC. 3060 ORANGE STREET APRIL 25, 1995 COCONUT GROVE, FLORIDA 95- 43Q ;._ AP*R--2G-95 W ED 1 • 29 O - L.EARY DES I G ASSOC P _ 0S RM TRI SPECIMEN LIVE OAK TREE PRUNING DIAGRAM 3060 ORANGE STREET APRIL 25, 1.995 COCONUT GROVE, FLORIDA Im 95- A30 WED 1 • 30 O l_EARY DaS I G ASSOC P _ 0 G o O��Od0 ov 06 C i 06 iMOd=(� 0000ov 9v cb p oo %0- ERECT TEMPORARY BRIGHT COLOR SAFETY FENCE SYSTEM -USING 2X4'S WITH 6X6 POSTS. MAINTAIN AS - NECESSARY, REMOVE AT COMPLETION OF JOB. DO NOT PARK OR DRIVE•VEHICLE$ OR EQUIPMENT OR OTHERWISE COMPACT SOIL IN PROTECTED AREA BRIGHT ORANGE FLAGGING 6" LENGTH MIN. EACH PANEL EXISTING GRADE UNDISTURBED WITHIN PROTECTED AREA k14'-0" WIDTH - ol LIVE OAK TREE PROTECTION BARRICADE 3060 ORANGE STREET APRIL 25, 1995 COCONUT GROVE, FLORIDA 95— 430 CITY OF MIAMI, FLORIDA Pz ® I INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Ccnmission FROM RECOMMENDATION DATE APR 14 1995 FILE SUBJECT : Appeal of Special Exception for 3060 Orange Street REFERENCES. Agenda Item, City Camlission ENCLOSURES : Meeting of April 27, 1995 It is respectfully recommended that the City Commission 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 property located at 3060 Orange Street with the conditions as listed in the attached 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. too )EE On March 20, 1995, the Zoning Board approved a Special Exception for the above described project with modified conditions fran what was recommended by the Planning, Building and Zoning Department. The Planning, Building and Zoning Department had recommended 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 detennine 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 recannendation frcan the Planning, Building and Zoning Department described above, which in fact still recommends approval of the project, requests that due to the slim possibility 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, Section 1510 of Zoning Ordinance 11000 by Class II Special Permit upon finding that the modification is necessary in order to preserve a significant natural or archeological feature. 05- 430 Ira 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 from 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 complex at a very high cost. With optimum care 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 properly dug and boxed. The only other alternative would be to mot 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: anti Botanical/Common name Remarks 6 Quercus Virginia/Live Oak minimum 22 ft. height x 18 ft. spread, 8" caliper, 200 gal. container, Florida No. 1 or better 95- 430 3 k, 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. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval with conditions. PUBLIC WORKS No comments. PLAT AND STREET N/A. DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY N/A. Found: N/A Daily Fine: $0.00 Lien Recorded On: N/A ANALYSIS The requested Special 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 c site; 5) that a six foot c.b.s. wall be provided along the perimeter of the site; and 6) that 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 Plannint APPELLANT Gerald C. Marston & Carlos Rodriguez. conditions.(Res.No.030-95) CITY COMMISSION Continued from CC 5/1/95. 9 5 — 430 APPLICATION NUMBER 94- 363 Page I March 20, 1995 5 M '� � � 4 71a �. CJ� al! • f t • 7I '♦ , IQ♦ 1.•I �� +lain l: COCOANUT A V E Q; : �� J Q •I a > 4 �7 •t l l l r l a �. ! t. ', � N a a jll o �„ _ _ ._. � • t :1 �� ,�• s,,. , W. TRADE � � I u� , Y �P 0 Y• w rol7'lu�:lf:•�7l�tdnaajaltoia• : t l It a7 • � ' 1 IT Sn'd, -------------- �- .. rd ENT p,D1 .. •� hi -j tt ea 7 1, • ®® Em© �!� ■�ry spa Ka m- AN a �' �i► U U lZm 0�� om mlC�.1� �1CR0�� I aaoIL eaao d OQ - oOOP�� •, : :: o�oil in On©o •. ININ �A Him®_��ili� ��1 l � �� ��' S'.+ � • / .yam � GERALD C. MARSTON REGISTERED LANDSCAPE ARCHITECT 3026 DX AVENUE COCONUT GROVE, FL 33133 April 4, 1995 To: Clerk's Office City of Miami r Dear Teresita Fernandez: J 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: 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 Lemontree 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- 430 I I 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. lGeral Marstoi 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 # which expires 6-7-99. Not blic of the State of Florida Date I Ik ' Y F2IC STATE OF FLOR;OR 95- 430 k,- ;r 21 4 DAVID J. CELL, PRESIDENT CENTER GROVE NEIGHBORHOOD ASSOCIATION 3290 MATILDA STREET COCONUT GROVE, FL. 33133 Tel:(305) 448-4884 / Fax:(305) 445-4554 APRIL 3, 1995 To: Clark's Office, City of Miami Re: Appeal of Zoning Board Decision Dear Theresita, Please accept0his.4otter as an official appeal of the Zoning hoard Decision of /**Aw 20, 1995 regarding agenda item 17 of that meeting dealing with 3060 Orange Street. In support of the appeal before the City of Mani 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 Dept. could make an accurate assessment of the project. Specifically, the sizes and types of trees were not ident fied 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 it full and proper 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 nai hborhood authorized to proffer, and/or negotiate on behalf of the neighborhood. That the Zoning Hoard approved the project with conditions that were based on a hypothetical replat which has not yet been submitted and which may not be approved. That a very important Oak Tres, estimated to be aver 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 plane and material submitted to the Planning and Zoning Dept., such that the Planning and Zoning inspectors failed 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 '9 5 .- 4 8 0 13 '3t'N It3T -lI IT Uf h1.0I 4- 3-93 : 3:22PY : CITY 1XNAGER'S OFF. - DAVID.J. GELL, PRESIDENT CENTER GROVE NEIGHBORHOOD ASSOCIATION 3290 MATILDA STREET COCONUT GROVE, FL. 33133 Tel:(305) 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 con cation 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 cars continually parking there and ruining the grass and trees. That the small site of the proposed dwelling unite 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. = 3/ 4 For the above stated seasons and by virtue of the opposition to the proposed project by residents and owners of property within the immediate neighborhood, as wjall 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, Dave Oell, esident a pro It within 350 feet of I Page 2 owner of 3�y3, r t4 Muir r-L 33t33 the proposed project site. 95- 430 94r.1 INDIVIDUAL ACKNOWLEDGEMENT STATE OF )WdV4 & COUNTY OF) I)Aur c The foregoing insuumerd was acknowledged before me this April 3, 1995 by Carlos F. Rodriguez, Jr. and David tGell who has produced identification in the form of a Florida Dirver's License # which expires 3-1-96. �'F 0sAL o� '7-0N/N ,4'oali!13 000fa' % fie , / 99S Si Ambffpp n taking admowledgeanent April 3. 1995 A UAU L Comae Carmen Correa, otary Publie of the State of Florida April 3, 1 "s �'b0+ftr, 34eb of Flory ab► Cam mok" Aky 111199} �+ . Na rC 2011 STATE OF )Yet . COiTNT'9t OF) 0 gb b- C 'The foregoing inatru 01 was acknowledged before me this AprH 3, 1995 by Carlos F. Rodriguez, Jr. and David Gen who has pro&wed identification in the form of a Florida ,� Dirvees Licmw which expires 3-1.96. � e • dg)eelv� Awe�9 ° 3 if 5- , 31995 yrole, ba a niarld� Signs a Paxson taking aclrnawledgement April My aMoy 13,19V • G®U o4nre.110. OC 2MI Carmen Correa, Wotary Public of the State of Florida Apti13, 1995 CACfIln "fa *. S: cow NO..tl:' 95— 430 15 M 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 THE EDWARD PENT HOMESTEAD (3-34) PUBLIC RECORDS OF DADE COUNTY; 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 Mr. Moran—Ribeaux. Ms. Fernandez: Motion carries 7-0. March 20, 1995 Zoning Board Item# 7 95-- C10 17 ,� 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 avorooriate conditions: 1305.1 Inaress and Egress. Due consideration shall be given to adequacy of ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and emergency. 1305.2 Offstreet Parking and Loading Due consideration shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. 1305.3 Refuse and service areas. Due consideration shall be given to the location, scale, design, and screening of refuse and service areas to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. 1305.4 Signs and lighting. Duo 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- 430 1 q 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 assur¢ 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 re Date �95- 430 Item APPLICATION FOR SPECIAL EXCEPTION File Number Within the City generally, orwithin 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 relating to Special Exceptions. (See Article 16) Forual public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely, responsible for determinations on application* for Special Exceptions. All applications shall be referred to the director of the Oopartment of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regikiations. for Central Grove Properies, Inc. I, Luis Dominz= Pre4. hereby' apply to the City of Miami Zoning Board for approval of a Special Exception for property located at 3060 Orange Street, Miami, Fla. Nature of Proposed Use (Be specific) 9 townhouses in R; 2 di sLri 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. 2. Four copies of: the site plant showing (as required) property boundaries, existinrq (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and, ca"utetions of lot area and .building spacing. 3. Affidavits disclosirrq ownership of property covered by application and disclosure of interest fears (attach to application). 4. Certified list of owners of real estate within a 313•foot radius of the outside boundaries of property covered by the application. _ e S. At least two photographs -that show the entire property (land and improve- menti). _ 6. Other (Specify) 7. Fee of 3� to apply toward the cost of processinrq: 3 5 — 430 — Special Exception .......................... $650.00 Surcharge equal to applicable fee from item above, not to exceed six hundred and fifty dollars (E650) except fr= 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 WWI ) Signatu President, Central 'O!%a or Authorized Atent rove Properties, Inc. Name L—WS D0YAJ J6Uf_'1' Address � �(S S.W. le4 &60%I MIAM1 PA-331,58 Phone (3gD 3r7s- �a ! LeU(5 D0MIr/E,UI;?- , 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 above; that he has read the foregoing answers and that the saw are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. ") SHORN TO AND SUIiSCRIM before w this 31s_ day of January My Comission Expires: MP . . (Now) Luis DowpgxK4 President, Central-GroW- Properties, Inc. Notary Wic, State of Florida at La via M. Bazo , 5 RY P&j OFMAL NO ARr MAL 0 Sri SYLVIA M aAZO 2 * COMMISSION NUMOFA CC166725 My commissION ZXF. OF f�.o JAk. a 1SS6 35- 43© 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 relating to Special Exceptions. (See Article 16) Format 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® Wations and the director shall make any further referrals required by these req%kI at ions. Central Grove Properti s Inca I, Ken Rampone. V.Prasbaroby' apply to tho City ofi 'Miami Zoning Board for approval of a Special Exception for p"rty located at 3060 Orange Street, Miami, Fla. Nature of Proposed Use (Be specific) 9 townhouses in R-2 district. 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. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parising, landscaping ate; building elevations and dimensions and, computations of lot area and .wi lding spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (attach to application). :. Certified list of owners of real estate within a 375-foot radius of the outside bomndaries of property covered by the application. S. At least two photographs -that show the entire property (land and improve- ma:ts). _ 6. other (Specify) . ,. 7. Fee of $, to apply toward the cost of processing: 95-- 430 ff - 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) Signature ized Nose =-\ V_ _pe-2 esident, t Central Grove Properties Inc Address -110 GGD66L,v4TLV2 DRIVC M,.AN1 Phon® 643 -2Soz STATE OF FLORIDA) SS: COUNTY OF DADE ) grJ (ZAMPONE , being duly sworn, deposes and says that he is the (Owner) Authorized Agent of Owner) of the real property described in answer to question f1 a rc that he has read the foregoing answers and that the sass are true and complate, and (if acting as agent for owner) that he has auth9rity to execute this petition on behalf of the owner. f ' C ( ) e R pone, Central GroveIce-President, roperties, Inc. SWORN TO AND SM"190 before a tAis day of �f .�• Notary Pud is State of Florida at Large My Gomsission Expires: o`rav Pue oFfe1C1A. NOTANY SEAL �. srl.vlA M eazo _ 0 COMMISSION :UMm1E11 CC166726 MY COMMISSION Exp. ,lAN. 6 1996 95- Q30 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF OAOE } BefOre me, the undersigned authority, this day personally appeared L u (5 D o M( N G U E who being by NO first duly sworn, upon oath, deposes and says: 1. That he is the 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 i 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 modifica- tion of a classification or regulation of toning'as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phase numbers and legal descriptions for the the real property of which hr is the owner_or legal representative. d. The facts as rop<resented in the application and dommants submitted in -conjunction with this affidavit are true and correct. , Further Affiant sayeth not. tSEAL) NM) Luis Domi a resident, Central Grove Properties, Inc Sworn to and Subscribed before mut this 31 day Of Janua Notary /u 1 viaState of Florida at NY Commission upires: G O`rpv P&,p OFAUN. NOTARY saAL re eVLM M nuo � COMMIelii0il ""I"4 CC1 da726 � . �° MY COMM+saioN UP. OF FAO JAN. d 1996 a5 430 m A F F 1 0 A V I T STATE OF FLORIDA ) } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared i AA i� 1�.�. who being by me first duly sworn, upon oath, deposes VW says: 1. That he is theme 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 NW made a part thereof. 2. That ail owners which he represents, if any, have given their full and coaplete permission for his to a4>y in their behalf for the change or modifica- tion of a classification or regulation of :oning'as set out in the accompanying petition. 3. That the pages attachW hereto and made a part of this affidavit contain the current nas:as, mailing 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 docussnts submitted in•conjunction with this affidavit are true /WW Further Affient sayeth not. Sworn to and Subscribed before ma this IL. day of January Notary Public ✓ tate of Florida at Sylvia M.' Bazo Wy coniss%n Expires: ' ,iti(. Rampon , vice -President, Central Grove Properties, Inc 95- 430 IkhP,VtV P j/,0 OFFMAL NOTARY SEAL O <i SYLVIA M YAZO. COMW"PON:UMlfER= 567a6MY COMMISSION Exp.of F�°�` JAN. 6 1996 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 ownership. Note: City of Mimi Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject mutter of a presentation, request or petition to the City Comission. 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 12, and (b) located within 375 Peet of the subject real property., None. President, Central Grove OWNS FOR OWNER Fropertiesi Inc. Luis Dominguez STATE OF FLORIDA } SS: COUNTY OF DAD# } U i s b o % L� P u c: z— being dryly $ orn, depose' and saps that he is the (Owner) (Attorney for OlrW ) of the real property described in answer to 4Mtion 01, that he has rearl the foregoing answers and that the sass are true And cos111140: and (if acting as attorney for owner) that he has authority to exewte the Disclosure of Ownership tors on baMlf of. the owner. B�Yw►'�` President (SEAL) Central Grove Luis Dominguez( Properties, Inc. SWORN TO AND SUISCRIM before se this ,l day of • Igr _Notary Pail ,StateAsk o�rpY OFMCYl M fY S AL Mr CQlg11SSiQIN E7cP1RESs * COMMISSION NUMBER < CC166726 �° MY COMMISSION ExF. or:t0 JAN. B 1996 430 �, 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 aM percentage of ownership. Note: City of Mimi Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject cutter of a presentation, request or petition to the City Comission. Accordingly, question 12 requires disclosure of shareholder 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 f2, and (b) located within 375 Peat of the subject real property.. None.. Vice -President, Central Grc OWIM ON A FON OW gI Properties, Inc. n one STATE OF FLORIDA COUNTY OF OAK } 0 A " P o,u C-- _, being duly scorn, deposes and says that he is the (gwner (AttomW for Ow w) of the real PropertY described in answer to 4wsti0n II, &boye: that he has rear tine forWinq answen am that the saes art trJ1 ant coeiplete: and (if actirq as attorney for owner) that he has authority to exaaete the Disclosure of Owership fora on behalf of. the Oreer. Vice-Pres. (SIAL) Central Grove en one ( ) Properties, Inc SUON TO AND SUUS AIW beforeis•�., day of �1 my MISSION UPIR0: _Notary Wrlie, at Y P olppOAL NOTAnY e�w p�PRV �e, SYLVIA M aA20 C' CoMMIbeION Humor." CC166726 7 MY CoMMISS1ON EXP. OF F�.Q JAN. 6 1996 95- Z1