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HomeMy WebLinkAboutR-94-0216J-94-173(a) 3/11/94 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), 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, TO RELOCATE DRIVE - THROUGH FACILITIES FOR THE PROPERTY LOCATED AT 3899 NORTHWEST 7TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); ZONED C-1 RESTRICTED COMMERCIAL, SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of February 7, 1994, Item No. 3, duly adopted Resolution No. ZB 09-94 by an eight to zero (8-0) vote, granting a special exception, subject to Commission approval, as hereinafter set forth; 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 WHEREAS, the City Commission after careful consideration of I this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; 111 J i �ti x n m1' I D CITY C0NIItdIS3x0]ff MEETING OF MAR 2 4 1994 Rwoiution No. ,4- 216 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 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, to relocate drive -through facilities for the property located at 3899 Northwest 7th Street, Miami, Florida, more particularly described in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein; 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, 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 24th ATT O MATTY HIRAI City Clerk -2- day of March , 1994. STEMiEN P. CLARK, MAYOR 94- 216 PREPARED AND APPROVED BY: G. MIRIAM MAER Chief Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: ?"WANNIJONES, III City At rney GMM/as/M4187 -3- 94- 216 SKFAM X A0001YPQNY 160AL ®ESt'R/PPON COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 114 OF THE SOuTHEAST 114 OF SECTION 31, TOWNSHIP S3 SOUTH, RANGE 61 EAST, DAOE COUNTY, FLORIDA; THENCE RUN NORTH 00 DEOREEs , 30 MINUTES,OO SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOurHEASr 114 OF SAID SECTION 31 FOR A DISTANCE OF 35.00 FEET To ITS INTERSECTION WITH THi PRocuCTtON WEsr OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 1rH STREET; rHENCi NoRrH 11 DEGREES, 41 MINUTES, 30 SECONDS EAST ALONG THE /RODUCrION WEsr OF THE NORTH RIGHT -OF WAY LINE OF NORTHWEST TrH STREET FOR A DISTANCE OF 5#.34 FEET TO A POtNr on THE SOUTH LINE OF TRACT 'A' OF 'CENTRAL SHOPPING PLAZA', ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT ROOK 41 AT PAGE 11 OF THE Punic RECORDS OF DADE COUNTY, FLORtOA,SAID POINT siiNG rNE ►OtNr OF CURVATURE aP A CIRCULAR CURVE AND THE POINT OP aEOINNtMG OF 'THE PARCEL AND LAND HEREIN DEsCRtsEO; THENCE NORTHWESTERLY ALONG THE SAID CuRYE CONCAVE To THE NORTHEAST AND TANGENT To THE SOUTH LINE of SAID TRACT 'A', HAVING A RADIUS OF IS FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES, 48 MINUTES, 30 SECONDS FOR AN ARC DISTANCE OF 3i.4! FEET TO THE END OF SAID CURVE AND A POINT ON rHi WEST LINE OF SAID TRACT 'A'; THENCE MORrH 0# DEGREES, 30 MINUTES.@# SECONDS EAST, TANGENT TO THE LAST Discitago CURVE AND ALONG THE WEST LINE OF SAID TRACT 'A', FOR A DISTANCE OF 611.41 FEET; THENCE sourH @1 OiGRiis, It MINUTES, 00 SECONDS EAST FOR A DISTANCE OF II#.is FEET; rHiNCi sourH s# DEGREES , 30 MINUTES, WEsr ALONG A LINE PARALLEL TO THE WEST LINE 'OF SAID TRACT 'A' FOR A DISTANCE of 105.33 FEET; THENCE SOurH 11 Oman, is MINUTES, 4S SECONDS WEST FOR A DISTANCE OF 141.5# FEET TO A POINT WHICH IS 11t.53 FEEr EAST OF THi WEsr LINE OF rNi SAID TRACT 'A'; THENCE SOUTH 0# DEGREES 3@ MtNUTEs WEST ALONG THE LINE 110.#3 FEET EAST OF ANO PARALLEL TO THE WEST LINE OF THE SAID TRACT 'A' FOR A DISTANCE OF 310.@0 FEET TO A POINT ON THE SOUTH LINE OF THE SAID' TRACT 'A'; THENCi•SourH 0# DEGREis, 41 MtNurEs, 30 SECONDS WEST, ALONG THE SOUTH LIMA OF rHi SAID TRACT 'A' POE A DISTANCE OF 134.48 FEET To THi POINT OF EtOtNNING, CONTAINING 9.10 ACRES MORE OR LESS. 4 - 94- 216 . y xh� 1 b L1, 8 ` Deacriotion of Real Prover PARCEL 1: All those tracts, pieces or parcels of land in Oade County, Florida more particularly described belovi Tract 'A' 'Amended Plat of Airline Center% according - to the Plat thereof as recorded in Plat Book 33, at Page 770 of the Public Records of Dade County, Florida; and the North 289.91 feet of the Fast 2/2 of the St 1/4 of the NZ 1/4, less the 2.35 feet and South 2S feet thereof; and the fast 225 feet of the - North 259.91 feet of the W 2/2 of the SZ 2/4 of the NZ 1/4 less the South 2S feet and the West 2S feet thereof; and the test 225 feet of the West 1/2 of the NE 1/4 of the NE 1/4 less the West. 2S feet and less the North 3S feet thereof in Section 5, Township S4 South, Range 41 East in the City of Miami, Dade County, Florida. Less the external area formed by • 2S feet radius curve at the S.E. corner of the parcel herein described, said curve being tangent to the test and South lines of said parcel. 0. page 1 of Z pager 94- 216 XXMlBIT 6 Lots 12, la and 15, in Block 4, TWELFTM STREET MANORS according to the Plat thereof, as recorded in Plat Book S at Pale fo in the Public Records of Aade County, Florida; and Lots 1 to 12, 1both inclusive, and Lots 1i to 20, both inclusive, all in Block 4; and Lots 1,2,3. in Block S,.of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book S, at Page St, of the Publie Records of Evade County, Florida; LESS AND EXCEPTING therefrom the following described parcels thereof, to -wits 1464k(4) (a) The Worth 5.00 feet of the hest 24.88 feet of Lot 1, in Block 4, of TWELFTM STREET MANORS, according to the Plat thereof, recorded in Plat Book S, at Page $to of the Public Records of Cade County, Florida, together with all that part of said Lot 1 included in the external area formed by a 25.00 foot radius are concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet south of and parallel to the North line of said Lot it (b) The South 5.00 feet of the West 25.12 feet of Lot •, in said Block 4, together with all that part of Lots 7 and • in said Block 4 Included in the external area formed by a 25.00 foot radius are concave to the Northeast, tangent to the West line of said Block 4 and tangent to a line that is 3.00 feet forth of and parallel to the South line of said Lot Si and (e) The Forth 5,00 feet of the West 24.88 feet of Lot 1, to Block S, of TWELFTH STREET MANORS, according to the Plat thereof@ recorded in plat Book S, at page M of the Public Records of Dade eountr, Florida, together with ail that part of said Lot 1 Included iA the external area formed by a 2S.00 foot radius are concave to the southeast# tangent to the west line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the Forth line of said Lot 1, 94- -216 nj ZONING FACT SHEET PZ=4 LOCATION/LEGAL 3899 NW 7th Street. Complete legal description on file with the Hearing Boards Office. APPLICANT/OWNER Hayday, Inc. & Southwest Florida Hans Van Grondelle, Agent Enterprises, Inc. 200 SE First Street 3899 NW 7th Street Miami, Florida 33131 Miami, Florida 377-6926 ZONING C-1 Restricted Commercial. REQUEST Special Exception requiring City Commission approval, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 931 and Article 4, Section 401, Schedule of District Regulations, C-1 Restricted Commercial, to relocate drive-in tellers; zoned C-1 Restricted Commercial. 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 Found: N/A Violation(s) Cited: 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 The proposed relocation of the drive -through teller area will have a more direct relationship with the existing bank in its new location. The proposed change will have no adverse impacts on the a:ijacent area. Ingress and egress must however, be slightly reconfigured in order to facilitate access to the site. The Planning, Building and Zoning Department is recommending approval with the following conditions: 1) all references to future work to be done by others must be removed from the final set of plater. (this special permit is for drive -through teller relocation only); and 2) the curb cuts depicted for ingress and egress should be rounded out in order to facilitate vehicular access to and from the site. ZONING BOARD APPELLANT CITY COMMISSION APPLICATION NUMBER Granted for twelve (12) months in which a building permit must be obtained. 93- 230 Page 1 94- 216 .In, • ., tl .77 . ... . ..... -:A. ........... .......... .............. ... J'N' . ... ... ... . . . . . . . . . . . . . . . . . . . . . . .. ........ is liab: 7 is 4 "TAIT". ilia Rau son .... .... ... * ......... ... i S L i C ,� Y�f� j j j/ S s tf� sf j <'� 3 � y y t )/ > < ZB 2/25/94 Mr. Henry Crespo offered the following Resolution and moved its adoption. RESOLUTION ZB 09-94 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 OF ORDINANCE 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF 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, C-1 RESTRICTED COMMERCIAL, TO RELOCATE DRIVE -THROUGH FACILITIES FOR THE PROPERTY LOCATED AT 3899 NW 7TH STREET ALSO LEGALLY DESCRIBED AS EXHIBIT "A" AND "B" HEREOF ATTACHED, OF THE PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE AND IT HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Arsenio Milian the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Moran-Ribeaux, Sands, Milian Crespo, Alonso-Poch and Barket. NAYES: None. ABSENT: Ms. Ileana Hernandez. Ms. Fernandez: Motion carries 8 to 0. February 7, 1994 Item# 3 Zoning Board 4_ 216 SROFTM TO Q ccompANY 160AL DESCR/PPON COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 31, TOWNSHIP 53 SOUTH, RANGE 41 EAST, DARE COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES , 30 MINUTES,00 SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SAID SECTION 31 FOR A DISTANCE OF 35.00 FEET TO ITS INTERSECTION Wan THE PRODUCTION WEST OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST 7TH STREET; THENCE NORTH 19 DEGREES, 41 MINUTES, 30 SECONDS EAST ALONG THE PRODUCTION WEST OF THE NORTH RIGHT -OF WAY LINE OF NORTHWEST 7TH STREET FOR A DISTANCE OF $0.36 FEET TO A POINT ON THE SOUTH LINE OF TRACT 'A' OF "CENTRAL SHOPPING PLAZA', ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 61 AT PACE 79 OF THE PUBLIC RECORDS OF DAVE COUNTY, FLORIDA,SAID POINT BEING THE POINT OF CURVATURE OF A CIRCULAR CURVE AND THE POINT OF BEGINNINO OF THE PARCEL AND LAND HEREIN DESCRIBED; THENCE NORTHWESTERLY ALONG THE SAID CURVE CONCAVE TO THE NORTHEAST AND TANGENT TO THE SOUTH LINE OF SAID TRACT 'A', HAVING A RADIUS OF 25 FEET, THROUGH A CENTRAL ANGLE OF 90 DEGREES, 41 MINUTES, 30 SECONDS FOR AN ARC DISTANCE OF 39.61 FEET TO THE END OF SAID CURVE AND A POINT ON THE WEST LINE OF SAID TRACT "Al; THENCE NORTH 00 DEGREES, 30 MINUTES,00 SECONDS EAST, TANGENT TO THE LAST DESCRIBED CURVE AND ALONG THE WEST LINE OF SAID .TRACT 'A', FOR A DISTANCE OF 6f1.47 FEET; THENCE SOUTH 89 DEGREES, 26 MINUTES, 00 SECONDS EAST FOR A DISTANCE OF 220.65 FEET; THENCE SOUTH 00 DEGREES , 30 MINUTES, WEST ALONG A LINE PARALLEL TO THE WEST LINE 'OF SAID TRACT 'A" FOR A DISTANCE OF 195.33 FEET; THENCE SOUTH 11 DEGREES, 15 MINUTES, 45 SECONDS WEST FOR A DISTANCE OF 141.59 FEET TO A POINT WHICH IS 170.83 FEET EAST OF THE WEST LINE OF THE SAID TRACT "A"; THENCE SOUTH 00 DEGREES 30 MINUTES WEST ALONG THE LINE 119.13 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE SAID TRACT 'A" FOR A DISTANCE OF 310.00 FEET TO A POINT ON THE SOUTH LINE OF THE SAID TRACT 'A'; THENCE SOUTH t9 DEGREES, 41 MINUTES, 30 SECONDS WEST, ALONG THE SOUTH LINE OF THE SAID TRACT 'A" FOR A DISTANCE OF 154.41 FEET TO THE POINT OF BEGINNING, CONTAINING 2.90 ACRES MORE OR LESS. eQJ4-#4. (p4g) 11 94- 216 12 WE e y` h J3f y�j b h� v V N Wy � Wa 3 zs• � � si9!2�•c0•E Q I DEM/SED � P�E,yisEs'� $ \ H e � Klstti/3o"E. 50.li' Al W 1/7W • ,S'TQEEr llvw .f 1/)W C /NE , TQABT "A • ,,�A/Ogrn Q/0*7.Of •WIY cAIM %lN. �I sT�2EET /pO/NT OF eOm we'NCaIEw s&1mWESTCIa w--q, .P,-. * , "MOW 32•dJ•4/ /t/OTE BEAQ/.V91 S//OiV.V f1EQEO.V •OECITI'TO AN AsSc/NED BFA?/N4 � 9.89rI/t.'JO"H!% .1cON6 TivE SOc/TN C Aff Of TQA07 U -Pee PCAP e00L ie AT PAGE 79 I PQEP.fQEO Aae r Qvdhv,-04VIV, LEY/N, 00MAIAW.', fQ d-,0M F.V, f 2/N, Ad - SCHWEBKE - SHISKIN & ASSOCIATES, INC. LAND SURVEYORS • ENGINEERS • ARCHITECTS • //,!I/ AV / J�„1�76eT A!//M/, .1%4. ORDER No. 9 Oe4g P PA ED ULR DATE y THIS IS NOT A 'LAND SURVEY' /� G EPROF. LANDS R EMGR No. 94- 216 xhlb 8 pescriQtion of heal Property PARCEL 1: All those tracts, pieces or parcels of land In Dade County, florid& snore particularly described belowr Tract "A" "Amended Plat of Airline Center", according, to the Plat thereof as recorded in Plat Book 22, at Page 770 of the Public Records of Dade County, florid&; and the North 299.91 feet of the East 1/2 of the SE 2/4 of the NE 1/4, less the t.?S feet and South 2S feet thereof; and the East 22S feet of the North 299.91 feet of the W 2/2 of the SE 1/4 of the NE 2/4 less the South 2S feet and the Nest 25 feet thereof; and the test 225 feet of the West 2/2 of the NE 2/4 of the NE 1/4 less the West 2S feet and less the North 25 feet thereof In Section f, Township S4 South, Range 41 Fast In the City of Miami, Dade County, rlorida. Less the external area formed by a 2S feet radius curve at the S.F. corner of the parcel herein described, said curve being tangent to the last and South lines of said parcel. a. page 1 Mf pages 13 • 94- 216 r -, 2=121T Lots 12, 14 and 15, in Block 4, TWELFTH STREET MANORS according to the Plat thereof, as recorded in Plat look 5 at lags f9 in the Public Records of Dade County, Florida; and Lots 1 to 12, both inclusive, and Lots 26 to 20, both inclusive, all in Block 4= and Lots 3,2,2, in flock d, of TWELFTH STREET MANORS, according to the Plat thereof, recorded In Plitt look 5, at Page S9, of the Public Records of Dade County, Florida; LESS AND ZXCEPTING therefrOm the following described parcels thereof, to -wit: (s) The North 5.00 feet of the West 24.88 feet of Lot 1, in Block 4, Of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book S, at Page 59, of the Public Records Of Dade County, Florida, together with all that part of said Lot 1 Included in the external area formed by a 25.00 foot radius are concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the North line of said Lot 1= (b) The South 5.00 feet of the West 25.12 feet of Lot 8, in said Block 4, together with all that part of Lots 7 and a in said Block 4 included in the external area formed by a 25.00 foot radius are concave to the Northeast, tangent to the West line of said Block 4 and tangent to a line that is 5.00 feet North of and parallel to the South line of said Lot i; and (c) The Worth 5.00 feet of the West 24.88 feet of Lot 1, in Block S, of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book 5, at Page 59, of the Public Records of Dade County, Florida, together with all that part of said Lot 3 Included in the external area formed by a 25.00 foot radius arc Concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the Worth line of said Lot 1. 1464k(4) �Ie Zdf Z I F� 9 216 U ZONING BOARD ACTION ON PETITION FOR SPECIAL EXCEPTION I move that the request on agenda item _3 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 GE) ) as demonstrated by the petitioner, or c) on the basis of the following: ----------------------------------------------------------------- The Zoning Board, in its decision to (grant) (deny) the special exception, shall make written findings that the applicable requirements of this Zoning Ordinance, Section 2305, (have) (have not) been met. Circle appropriate conditions: 1305.1 Ingress and 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 Sians and liahtin 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. is 9 216 1305.5 Utilities. Due consideration shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6 Drainage Due consideration shall be given for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7 Preservation of natural features. Due consideration shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8 Control of potentially adverse effects generally. In addition to consideration of detailed elements indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, due consideration shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the City, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use of occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. a_"1-�a Date Item 94-- 216 APPLICATION FOR SPECIAL Ek-PTION File Number Within the City generally, or within certain toning districts, certain structures, usis, 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 safeguaras 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) 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 dirn::tor of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these }�regulations. c hereby apply to the City of Miami Zoning Board for �L approval of a Special Exception for p%�erty located at 3 �99 %VI.J y�f�. Stree Nature of Proposed Use (Be specific) Rela"h'04% 0:E I Pi LA e� In support of this application, the following material is submitted: wL 1. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. J2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping etc; building elevations and dimensions and. cdoputations 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 two photographs that show the entire property (land and improve. ments) . 6. Other (Specify) 17 7. Fee of $ to apply toward the cost of processing: U- 216 n Special Exception• ........... 6.............. $650.00 Surcharge equal to applicable fee from item above, not to exceed.Jix 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 (315) feet of the subject property. (City Code - Section 62-61) . �Si nat " thod Agent Name vtj, �sr Address %MI/ a 5) . 33021 Phone 3 O S' 71 — & 9 2 & STATE OF FLORIDA) SS: COUNTY OF DADE P15 Vo h C,�� 111being duly sworn, deposes and says that he is the ,(Authorized Agent of Owner) of the real property described in answer to question /1 above; that' he has read the foregoing answersand that the same are true and complete; and (if acting as agent for owner) that he has aut y to execute this petition on behalf of the owner. Name) S Vall C. SWORN TO AND SUBSCRIBED before me this 1at day of My Commission Expires: a(�, OFFICIAL NOTARY SEAL �p.RV 2�1,�. r ;: � GINGER L HEIN „ >t y 1 COMMISSION 941JMBER CCO55108 -,7, �� OF MY COMMISSION EXP. Fl- NOV. 17 1994 EE�? Notary Public, State of Florida at Large GINGER L. HEN P4— 216 AFFIDAVIT STATE OF FLORIDA } COUNTY OF DADE } ' // VS me, the undersigned authority, this day personally appeared fi(]n'fS Vain Gr'dY1GiCMQ, who being by me first duly sworn, upon oath, deposes and says: 1. That he isorr " , the legal representative of the owner, soltl�l � r ��1 �f 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 him 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 made 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 Alf► 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. (SEAL) aHs v+ -roh � Sworn to and Subscribed before me this /', � day of ;19 Note blic, State of Floi4da at � ,,� (� 1PnY ��5. OFFICIAL NOTARY SEAL My COmmiSilON Expires: FW ? �1�' :.'�(� GINGER L HEIN A N e1- '- * COMMISSION NUMBER JD `� 216 yl'cy�;j^ q CC055108 �� lur cnuuia :�nN FYD ` 9 J I Y t9rtal+�1• � a �•� � 1 to '--tke J ar' zer16 . CJWOC'II `W bktr� ",,` `lip W61 -J: G� f yi.c ij -. I I— dc� 4 9c,1 tJ � n�0 Oj� 1rea ' MOVA#I" 94— 216 tnd DISCLOSURE OF OWNERSHIP 1. legal description and street addre s of subject real property: �/ 1 3 8 17 A) W IV., gt-4ct A - 4- /. (&� * 64r4 1 0 C' e.Pr 4a a,o 2. Owner(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 petition to the City Commission. 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. 3. legal l i sted description and street address of any real property (a) owned by any party In answer to question 02, and (b) located within 375 feet of the subject real property. 6) Set 1 4 4 + - OWNER' OR ATTORNEY FOR OWNER STATE OF FLORIDA } SS: YVl P. COUNTY OF BADE } ,1;� � d , r w-�nti, b i duly sworn, d s and says that 1 th aC A� (Owner) of the.real property described in answer to question 11, above; that he has read the foregoin4 answers and that the sale are true and complete; and (if acting as attorney for owner) that he has authprity to execute the Disclosure of Ownershio form on behalf of the owner. �Ak"� b- SWORN TO AND SUBSCRIBED before this J day of , 1 MY Cor�t� t �e� ELLEN L. ROWE gyp' t. My COMMISSION I CC Z�S23 knbmftm = DMFU' SrpmmbW 11 IM s,•. eaided TAru NAY Pw�: (SEAL) tary Public, State of Florida at Large �,Ilen L. Rowe lam.. 21 A— 216 DISCLOSURE OF OWNERSNIP 1. Legal description and street address of subject real property: 3 � � � 2. Owner(s) of subject real property and percentage ofiership. Note: City of Miami Ordinance No. 9019 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Cam- J�`L 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. � I � L �I�' Q � � @ •� � �•4.�. " � �+�l�M Ci" a���e�U G` OWNER OR FOR ap-mr-.0 • 0 STATE OF FLORIDA } SS: COUNTY OF DADE } ,uA5 VA 0*rovtL�l,�(P being duly sworn, deposes and says that he is the V;.4&1 of the real property described in answer to question Ill, .above; that he has read the foregoing answers and that the sane are true and complete; Ytr► and (if acting as attorney for ownery that he has authority to execute the Disclosure � ��•t,,,.,, of Ownership form on behalf of the owner. s (SEAL) � ►vac vN SWORN TO AND SUBSCRIBED before me this :t day of �, I9G 1 f Nota Public, State of Florida at Large NY C"ISSION EXPIRES: 131NO R L. HEIN �1011 PnY POO, OFFICIAL NOTARY SEAL 22 tj1•j ; GINGER L HEIN � t • "' * COMMISSION NUMBER �iK' Q CC055108 9�6?�Q�O MY COMMISSION EXP. OF Ft� NOV. 17 1994 SKETCH TO.4000MPQNY IEGQI DESCRIPTION COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3t, TOWNSHIP S3 SOUTH, RANGE 41 EAST, DARE COUNTY, FLORIDA; THENCE RUN NORTH 00 DEGREES ', 30 MLNUTES,OO SECONDS EAST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 32 FOR A DISTANCE OF 33.00 FEET TO ITS INTERSECTION WITH THE PRODUCTION WEST OF THE NORTH RIGHT-OF-WAY LINE OF NORTHWEST IT" STREET; THENCE NORTH it DEGREES, 41 MINUTES, 30 SECONDS EAST ALONG THE PRODUCTION WEST OF THE NORTH RIGHT -OF WAY LINE OF NORTHWEST 7TH STREET FOR A DISTANCE OF $0.34 FEET TO A ►DINT ON THE SOUTH LINE OF TRACT 'A' OF *CENTRAL SHOPPING PLAZA-, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 41 AT PACE 7t OF THE PUBLIC RECORDS OF PAVE COUNTY, FLORIDA,SAID POINT BEING THE ►DINT OF CURVATURE OF A CIRCULAR CURVE AND THE POINT OF BEGINNING OF 'THE PARCEL AND LAND HEREIN DESCRIBED; THENCE NORTHWESTERLY ALONG THE SAID CURVE CONCAVE TO THE NORTHEAST AND TANGENT TO THE SOUTH LINE OF SAID TRACT 'A', HAVING A RADIUS OF t3 FEET, THROUGH A CENTRAL ANGLE OF 10 DEGREES, 44 MINUTES, 30 SECONDS FOR AM ARC DISTANCE OF 39.61 FEET TO THE END OF SAID CURVE AND A ►OtNT ON THE WEST LINE OF SAID TRACT 'A-; THENCE NORTH O0 DEGREES, 30 MiNUTES,00 SECONDS EAST, TANGENT TO THE LAST DESCRIBED CURVE AND ALONG THE WEST LINE OF SAID TRACT 'A', FOR A DISTANCE OF 61i.47 FEET; THENCE SOUTH 1. OEOREES, !4 MINUTES, O0 SECONDS EAST FOR A DISTANCE OF I10.4S FEET; THENCE SOUTH 00 DEGREES , 30 MINUTES, WEST ALONG A LINE PARALLEL TO THE WEST LIME 'OP SAID TRACT 'A' FOR A DISTANCE OF 195.33 FEET; THENCE SOUTH ii DEGREES, 1S MINUTES. 43 SECONDS WEST FOR A DISTANCE OF 141.31 FEET TO A POINT WHICH IS 110.13 FEET EAST OF THE WEST LINE OF THE SAID TRACT -A-; THENCE SOUTH 00 DEGREES 30 MINUTES WEST ALONG THE LINE 179.03 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE SAID TRACT 'A' FOR A DISTANCE OF 310.00 FEET TO A POINT ON THH SOUTH LINE OF THE SAID TRACT 'A'; THENCE SOUTH 11 DEGREES, 41 MINUTES, 30 SECONDS WEST, ALONG THE SOUTH LINE OF THE SAID TRACT 'A- POR A DISTANCE OF 154.41 FEET TO THE POINT OF BEGINNING, CONTAINING 2.90 ACRES NONE OR LESS. r4J.-.M. (r4z) -014- 216 24 sd,&e /11 2vo- �N V Or hr � �h W 2Z I' Y by Wa W � s' d9'ZI•bo•E Q I OEN!/SED 94) j PQEM/SES I \\ •3 y b e 0 Ald�'I/�3o'E 5AM, NW 117W ' .9ARf,-7 n r'/ 01MrOF gedl N/NG.. �"ivr*, C/NE, TQ/CT "A' ,VOQTN 0/6NT - OF - W,4'Y [ /NF /t 1 '1N. �I ST4EET /00iar of C'oa�E,vcE.yE/vr sour WESTCOQNEQ, r.e. % , S.E. P41 , .9EC)/0a 32 -63 - !/ NOTE BE.4Ql.VBB S!/OWN HEQEO�fIOECAT6TDANASSt/MEO BEdB/rt/B ('.58914/tJ0'H!% d60N6 l T//ES'O//Tf/ ClNE Of TQACT 1.4 * AAe ,IT PAd7E 79. PQEPAeEO FOQ � QvB/N, B.4C/M,GEi�/,V, CO.VSliNT, fQ.EO.V.I.V, }� B/L2lN, P.il. SCHWEBKE o SHISKIN & ASSoCIA'TES, INC. LAND SURVEYORS • ENGINEERS • ARCHITECTS • //04/.rw. /ig "Jo A/AM/, Au. ORDER No. P ?A ED U ,drsT.' fl RVIS� DATE /Q � `✓�+' ' .� VP Plefode E. C,(CYET e THIS IS NOT A "LAND SURVEY"l-q. PROF. LAND SURVEMCR No /„�J U— 216 -hs-- t 8 ftacriRtion of Real-tr1pertlz PARCEL 1: All those tracts, pieces or parcels of land iA !lade County, Florida nose particularly described below: Tract *A* 'Amended Plot of Airline Center", according., to the P;at thereof as recorded in Plat Book 220 at Sage 770 of the Public Records of Dade County, Florids; and the North 289.91 feet of the test 1/2 of the SE 1/4 of the NE 1/4, less the E.35 feet and South 25 feet thereof; and the Last 225 feet of the North 289.91 feet of the N 1/2 of the SE 1/4 of the NE 1/4 less the South 25 feet and the Nest 25 feet thereof; and the test 22S feet of the west 1/2 of the NE 2/4 of the NE 1/4 less the west 25 feet and less the North iS feet thereof in Section i, Township Sd South. Range dl test in the City of Miami, Dade County, Florida. Less the external area formed by a 25 feet radius curve at the S.s. corner of the parcel herein described, sold curve being tangent to the test and South lines of said parcel. 0. page 1 of Z pages 94- 216 o Lots 13, 14 and 15, in Block 4, Tw1ELFTH STREET MANORS according to the Plat thereof, as recorded in Plat Book 5 at Page $9 in the Public Records of Dade County, llorida; and Lots 1 to 12, both inclusive, and Lots If to 20, both inclusive, all in Block 4; and Lots 1,2,3, in Block So.of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book S, at Page S9, of the Public Records of Dade County, Florida; LESS AND EXCEPTING therefrom the following described parcels thereof, to -wit: 1464k(4) (a) The Worth 5.00 feet of the West 24.65 feet of Lot 1, in $lock 4, of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book S, at Page 59, of the public Records of Dade County, Florida, together with all that part of said Lot 1 Included in the external area formed by a 25.00 foot radius are concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the Forth line of said Lot 1; (b) The South 5.00 feet of the West 25.12 feet Of Lot e, in said Block 4, together with all that part of Lots 7 and i in said Block 4 Included in the external area formed by a 25.00 foot radius are concave to the Northeast, tangent to the West line of said Block 4 and tangent to a line that is 5.00 feet North of and parallel to the South line of said Lot 8; and (c) The North 5.00 feet of the West 24.8e feet of Lot 1, in Block S, of TWELFTH STREET MANORS, according to the Plat thereof, recorded in Plat Book 5, at Page 59, of the Public Records of Dade County, Florida, together with all that part of said Lot 1 included 1*6 the external area formed by a 25.00 foot radius are concave to the Southeast, tangent to the West line of said Lot 1 and tangent to a line that is 5.00 feet South of and parallel to the North line of said Lot 1, It z 94- 216 All of T ..� A� �i `{e �>t �" �� 27 5)4-- 216 �� 3-�I � s lei �� c c J Fe j swFc /s owned aS /lb�c; JA el c� c.J� lS F/'o ret4 c L 17sa4,,//e Awdur ct r4 a.�c. F/ore oc.L 0'.. -h-tAAf 01,01.f JJ plo f-e JM� ALQ--6 o-4 -1-4c C-) *ro--A tot 0.- -7-ruw fe- ;o/c w�ll r r/c. C t AA Am d ors /Oo..rc il"d ur a4 -daoi A 4nJa:-- 40 iWex n 141C,dCr .A" % 6"T-k //&we PI c T. Z 41.�JF 29 .,4 216 r ;0e, 4 t'4� xArp rtr/ V,,, ScJFF� Vo! Alo 38 6164� ✓LJ� � , �l�d�. 33 i z� 30 z�z P; 4 - 216 g INTERCONTINENTAL BANK 200 Southeast First Street, Miami, Florida 33131 305/377-6900 February 2, 1994 INTERCONTINENTAL BANK IS A PUBLICLY HELD COMPANY. Its shares are traded on the NASDAQ. 1 ou&e-6z' jaKePresident Grondelle i EXHIBIT E 31 °4- 216 'VI INTERCONTINENTAL BANK 200 Southeast First Street, Miami, Florida 33131 305/377-6900 February 2, 1994 INTERCONTINENTAL BANK IS A PUBLICLY HELD COMPANY. Its shares are traded on the NASDAQ. v� 4a Van Grondelle Vi a President EXHIBIT E �31 94- 216