HomeMy WebLinkAboutM-94-0787-94-634
1,l7/94
RESOLUTION NO.
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF 13TH
AVENUE (WEST) FROM SOUTH VENETIAN WAY TO
\PROPY
ETIAN WAY AS A CONDITION OF APPROVAL
IVE PLAT NO. 1463-A, "SAN MARCO KEY
ON", SUBJECT TO THE REQUIREMENTS OF
AND STREET COMMITTEE, FOR THE
LOCATED AT 1316 NORTH VENETIAN WAY,
LORIDA (MORE PARTICULARLY DESCRIBED
ZONED R-1 SINGLE-FAMILY RESIDENTIAL.
WHEREAS, the Miami oning Board, at its meeting of July 18,
1994, Item No. 12, foll ing an advertised hearing, adopted
Resolution No. ZB 75-94, a seven to one (7-1) vote,
RECOMMENDING APPROVAL of the o icial vacation, abandonment and
closure of 13th Avenue (west) fro)q South Venetian Way to North
Venetian Way, Miami, Florida, herein a ter set forth; and
WHEREAS, the City Commission, afte careful consideration of
this matter, deems it advisable and in t best interest of the
general welfare of the City of Miami an its inhabitants to
grant the vacation, abandonment discontinuance d closure of the
street in question as set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIO OF THE CITY
OF MIAMI, FLORIDA:
DEi�I�D DY
�,-� 787
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. Thirteenth Avenue (west) from South Venetian
Way to North Venetian Way, as a condition of approval of
Tentative Plat No. 1463-A, "San Marco Key Subdivision", subject
to the requirements of the Plat and Street Committee, for the
property located at 1316 North Venetian Way, Miami, Florida, more
particularly described as Lots 5-8, Block 6 and unnumbered Lot
laying between Blocks 6 and 7, SAN MARCO, as recorded in Plat
Book 9 at Page 21, of the Public Records of Dade County, Florida;
zoned R-1 Single -Family Residential, is hereby closed, vacated,
abandoned and discontinued for public use.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this day of
ATTEST:
MATTY HIRAI
CITY CLERK
, 1994.
STEPHEN P. CLARK, MAYOR
94- 787
-2-
PREPARED AND APPROVED BY:
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. /
A. QUI J S, III
CITY A TO v9Y
GMM/ms/M4512
4
-3- 94- 787
(Complete legal description on file with the Hearing Boards Division).
APPLICANT/OWNER John A. Turchin for R.D. Development
a Fla. Corp.
1835 Purdy Avenue
Miami Beach, FL 33139
672-0702
ZONING R-1 Single -Family Residential.
REQUEST Vacation; abandonment and closure of 13 Avenue (West) from South Venetian Way to
North Venetian Way as shown in the "PLAT OF SAN MARCO" (9-21); as a condition of
approval of Tentative Plat No. 1463-A, "SAN MARCO KEY SUBDIVISION"; zoned R-1 Single
Family Residential.
RECOMMENDATION`.:
PLANNING, BLDC, & ZONING Referred to HEPB.
PUBLIC WORKS Approval (See Analysis).
PLAT AND STREET Approval with conditions (See Analysis).
QADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY G.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 Recommended to City Commission on 07/18/94 by Res. ZB 75-94; vote of 7-1. One (1) proponent and
twelve (12) opponents were present at the Zoning Board Hearing.
ANALYSIS The Public Works Department and the Plat and Street Committee have reviewed the tentative plat
of "San Marco Key Subdivision" and have determined that all technical requirements in the City
Code Subdivision Regulations have been met. The Plat and Street Committee has approved the
proposed tentative plat. Although N.E. 13 Court (West) extends only one block between South
and North Venetian Way, is an undeveloped roadway and therefore is not currently a part of the
critical pedestrian and vehicular transportation network for the neighborhood, the Plat and
Street Committe referred the tentative plat to the City of Miami Heritage and Preservation
Board for review. This board heard the item on June 21st, 1994 and recommended that the
tentative plat not include the closure of N.E. 13th Avenue and further recommending that any
proposed replating maintain the historic east -west orientation of the lots fronting on N.E.
13th Avenue. (See attached Resolution HEPB-94-26).
ZONING BOARD
APPELLANT
CITY COMMISSION
Recommended to City Commission for approval. (Res. No. 75-94)
APPLICATION NUMBER 94- 292 Page 1 July 18, 1994
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RAO
Mr. George E. Barket
and moved its adoption.
offered the following Resolution
RESOLUTION ZB 75-94
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING
ORDINANCE 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED
APPROVAL TO THE CITY COMMISSION OF THE OFFICIAL VACATION,
ABANDONMENT AND CLOSURE OF 13 AVENUE (WEST) FROM SOUTH
VENETIAN WAY TO NORTH VENETIAN WAY AS PROVIDED IN THE
MIAMI CITY CODE SECTION 54.5-16(c) AND AS A CONDITION OF
TENTATIVE PLAT NO. 1463-A, "SAN MARCO KEY SUBDIVISION",
SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET
COMMITTEE FOR THE PROPERTY LOCATED,AT 1316 NORTH VENETIAN
WAY MORE PARTICULARLY DESCRIBED AS LOTS 5-8, BLOCK 6 AND
UNNUMBERED LOT LAYING BETWEEN BLOCKS 6 AND 7, SAN MARCO
(9-21) PUBLIC RECORDS OF DADE COUNTY; ZONED R-1
SINGLE-FAMILY RESIDENTIAL.
Upon being seconded by Mr. Lorenzo Luaces
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Barket, Luaces, Carman, Crespo and
Sands.
NAPES: Mr. Moran-Ribeaux:
ABSENT: Ms. Hernandez and Milian.
Ms. Fernandez: Motion carries 7-1.
July 18, 1994 Item# 12
Zoning Board
9 4787
` Sofb
WALDEMAR E. LEE 3 CESAR H. ODIO
Director • City Manager
b... F
July 8, 1994
R.D. Development Venetian Inc.
1835 Purdy Avenue
Miami, Florida 33139
Ladies and Gentlemen:
SAN MARCO KEY SUBDIVISION - TENTATIVE PLAT # 1463-A
The City of Miami Plat and Street Committee, at its meeting of
July 7, 1994, heard statements from your representatives
supporting the vacation, closure and abandonment of N.E. 13
Avenue between North Venetian Way and South Venetian Way in•
conjunction with the tentative plat of San Marco Key Subdivision.
In addition to this, the Plat and- Street Committee considered the
aforesaid closure with respect to the public interest
requirements set forth in Sec. 54.5-16(c) of the Miami City Code.
After due consideration of the facts presented in this matter,
the Plat and Street Committee recommended, in a non -unanimous
decision, to close and vacate the public right of way of t.hat
portion of N.E. 13 Avenue described in the Tentative Plat of San
Marco Key Subdivision.
Sincerely,
James Ka , P.E. -
Chairman, Plat and Street Committee
JJK ms
cc: Teresita Fernandez, Hearing Boards Division, P.B.& Z. Dept.
Frank McMahon, Surveyor, Department of Public Works
94- 787
DEPARTMENT OF PUBLIC WORKS/275 N.W. 2nd Street/Miami, Florida 33125/(305) 579.68S6
RESOLUTION NEPB-94-26
A RESOLUTION RECOMMENDING TO THE PLAT AND STREET
COMMITTEE THAT THE PROPOSED SAN MARCO KEY TENTATIVE
PLAT NOT INCLUDE THE CLOSURE OF N.E. 13TH AVENUE,
AFTER FINDING THAT SAID PROPOSED STREET CLOSURE WOULD
NOT BE IN THE PUBLIC INTEREST BECAUSE IT WOULD HAVE A
NEGATIVE IMPACT ON THE HISTORIC ORIENTATION OF NORTH
AND SOUTH VENETIAN WAY; FURTHER RECOMMENDING THAT ANY
PROPOSED REPLATTING MAINTAIN THE HISTORIC EAST -WEST
ORIENTATION OF THE LOTS FRONTING ON N.E. 13TH AVENUE.
PASSED AND ADOPTED THIS 21ST DAY OF JUNE, 1994.
PRESERVATION OFFICER
pn
r. mme, m
CHAIRMAN 'Of .1
94- 787 �5
APPLICATION FOR PUBLIC HEARING BEFORE THE ZONING BOARD
tt.and Fill and Dredge: vacation of Street or Alley; Waiver
of Development of Parking; Siting Adjustment & other as
required).
itt_.QUIREMENTS:.
1. survoys, sketches, plans, as required (see supplemental
requirement sheets).
2. Affidavit by the owner of the property, or his attorney,
that all facts as represented in the application aro true
and correct.
3. Certified list of owner of real estate within 3751 radius
from the outside boundaries of the subject parcel.
4. Foe of 719� 1.00 -__to apply toward cost of processing,
as follows:
Vacation of public right-of-way:
Per square_ foot
of right-of-way .......................$ .75
ttinimum..............0...............31,000.00
9,588 sf Total Feet
5. All documents, reports, studies, exhibits, or other written
or graphic materials, if any, to be used by the applicant
in support of the application shall be submitted with and
be a part of this application.
DATE June 8,1884 w�
The undersigned, being the owner or representative of the ow6or,
of the property located at Undeveloped Property described below
,»
And Moro Particularly Described AA:
Lots)
1-8
a lock --- 6 _y. _......
• Subdivision San Marco Key (tentative plat)
_�___1 MO
do(os) respectfully poti on and request:
Street closure of W. ttrokSan Marco -Island
-. NOTE: This street has never been constructed. Shown only
on original plat.
RIP
ADDR.� ,.... PHOHR
Jo A.Turc 1835 Purdy Ave. Miami Beach; F1 33139
his form must bo notorlsod 9 4,_ 7
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before w*, the undersigned authority, this day personally appeared
JOHN A. Turchin , who being by eye first duly sworn, upon oath, deposes
and says:
I.. 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 Mimi, Florida, affecting the real
property located in the City of Mimi, 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 act in their behalf for the change or modifica-
tion of a classification or regulation of zoning as set out in the accompanying
petition.
3. That the pages attached hereto and Isade a part of this affidavit
contain the current nms, nailing 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
Sworn to and Subscribed before •e
this day of
xl� /el
ary Public, State of Florida at Large
(SEAL)
LOUISE L. SEMEN '
COMMISSION N CC 376905
g EXPIRES MAY 31,199E
NDEOTHRU
Of F�.� ATLANT1r, BONGING CO., INC.
9�- 787
OWNER'S LIST
Owner's Name John A. Turchin
Mailing Address 1835 Purdy Ave.
Telephone Number ( 305 ) 6720702
Legal Description;
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Nan
Mailing Address
Telephone Number I+
Legal Description:
Any other real estate property owned individually, jointly, or severally (by corporation,
partnership or privately) within 37S feet of the subject site is listed as follows:
Street Address Legal Description
Street Address Legal Description
Street Address Legal Description
94787 19
OISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lots 5,6,7 & 8 Block 6, San Marco Sub, and the adjacent Unnumbered lot.
Tentative Plat Lots 1-8 Key San Marco Sub.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Mini
Ordinance No. 9419 requires disclosure of all parties having a financial interest,
eit`ar direct or indirect, in the subject Matter of a presentation, request or
petition to the City Commission. 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.
R D Development Venetian Inc.
50% Shareholder:
Cla is 1 r C �� -�✓
50% Shareholder:
J n A. Turchin
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question 02, and (b) located within 375 feet of the subject
real property.
OWNER ON
ATT01lIi" FOR OWNER
STATE OF FLORID; } 33t
COUNTY OF OAOE }
John A. Turchin , being duly sworn, deposes and sags that he is the
(Owner) (Attorney for Owner) of the real property described in answer to question #11,
above; that he hu read the foregoing answers and that the saeo are true and coaDiets;
and (if acting as• attorney for owner) that he has authority to ueca�e the Disclosure
of Ownership .fare on behalf of, the owner.
SWORN TO AND SUM118ED
before N this
day of , 1!
20 ��: COI#IiSSION EXPIRES=
(SEAL)
TT
Notary t+uhlig, State of Florida at Law„
p� LOUISE L. SEIDEN
` , COMMISSION w CC 376905 - '7 '7
EXPIRES MAY 31,1908
BONOEOTNRU
OF RNATLANTIC SONDING CO. INC.
CORPORATE ACTION OF MAJORITY OF SHAREHOLDERS AND DIRECTORS
OF
RD DEVELOPMENT VENETIAN, INC. A FLORIDA CORPORATION
The majority of the shareholders and directors of FAD Development Venetian, Inc. a Florida Corporation,
(the "corporation") hereby agree and consent to the following cooperate action effective as the date hereof:
1. John A. Turchin is hereby authorized to represent the corporation in connection with any permitting,
or zoning matters with the City of Miami Beach or any other governmental agency.
The majority of the shareholders and directors hereby acknowledge their consent to this corporate
action.
Date.,15;Z7
r
(./
Turihintbirector and Shareholder
L
Claudia Glaser,
6
94- 787 21
i
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
TO: THE HONORABLE VICTOR DE YURRE DATE : October 31,1994
FILE
Commissioner
/% SUH,IECT ; Memorandum of Voting Conflict i
Z
FROM
TTY HIRAI
r Clerk
REFERENCES:
ENCLOSURES:
At the Commission meeting of October 27,1994, you abstained from voting on agenda Stem PZ-
3, name
" roposed closing, vacating, abandoning and discontinuing the public use of
13th Avenue (West) from South Venetian Way to North Venetian Way as a
condition of approval of Tentative Plan No. 1463-A, "San Marco Key
Subdivision", subject to requirements of the Plat and Street Committee, for
the property located at 1316 North Venetian Way; zoned R-1 Single -Family
Residential."
Kindly fill out parts (a) and (b) in the back of the attached Memorandum of Voting Conflict for
County, Municipal, and Other Local Public Officers under "Disclosure of Local Officer's
Interest."
Once both portions are duly filled, kindly sign, date and return to our office at your earliest
possible convenience so that we may immediately proceed to file them with the pertinent
backup documents pertaining to said items.
If you have any questions, please do not hesitate to call.
MH:sI
ENC: a/s
, ;ii
1�
E
v FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LIt.Sr NAME- FIRST NAME -MIDDLE NAME NAME OF /OARD. COUNCIL,COMMISSIO%. AUTHORITY.OR COMMITTEE
DE YURRE, VICTOR CITY OF MIAMI COMMISSION
MAILING ADDRESS THE BOARD. COUNCIL COMMISSION. AUTHORITY Ok C'OMMIrMi ON
VHIC'H I Wit VE 15 A UNIT OF.
3500 PAN AMERICAN DRIVE Cffy 0 COLWrY 0 drr"ULWALACIENCY
C1TV COUNTY NAME OF P+OLtnCAL SUBDIVISION.
MIAMI DADE COMMISSIONER
r
O% wHIcH VOTE OMRRED MY PosrnoN is.
O C T O B E R 27, 1994 $ EtaenvE to APPOINTrvE
WHO MUST FILE FORM RIB
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. it applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure
which inures to the special gain of a principal (other than a government agency) by whom ,be is retained (including the parent
organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special
private gain of a business associate. Commissioners of community redevelopment agencies -under Sec. 163.356 or 163.357. F.S., and
officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity.
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, father -in -lave, mother-in-
law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate s}lareholder (where the shares of the
corporation are not listed on any national or regional stock exchange).
ELECTED OFFICERS: 10
In addition to abstaining from voting in the situations described above. you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for
recording the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction. -
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WLL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next mating after the form is filed.
CE FORM E8.10-11
PAGE I
IF YOU MAKE NO ATTEMPT TO h,. LUENCE THE DECISION EXCEPT BY DiOCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutcs of
the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other
members of the agency, and the form must be read publicly at the next meeting after the form is filed. ,
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I� Victor De Yu r r e , hereby disclose that on October 27 .19 94
(a) A measure came or will come before my agency which (check one)
inured to my special private pin;
inured to the special pin of my business associate,
inured to the special `sin of my relative,
.. inured to the special pin of -MCkA� Q- Z� 1n n j I /:]t 1 b�,
whom I am retained; or
inured to the special pin of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as foUowi:
Marco Island Point is my client.
__ ...
L I
oy
i3
Signatu
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND. OR A CIVIL PENALTY NOT TO EXCEED S5,000.
Ct rUKM go • W-91 PAGE 2