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Home My WebLink AboutR-94-0591t t J-94-391(a) 5/11/94 RESOLUTION NO. _ 9 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 9, SECTION 931, DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENTS; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, SUBSECTION 931.2(d) DRIVE -THROUGH WINDOW FACILITIES FOR EATING AND DRINKING ESTABLISHMENTS: EIGHT (8) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; TO ALLOW A DRIVE -THROUGH RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES AS FOLLOWS: NORTH THROUGH LANE, FIVE (5) SPACES BEFORE THE SERVICE WINDOW; ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; SOUTH THROUGH LANE, j SEVEN (7) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW, AND ONE (1) SPACE AFTER THE SERVICE WINDOW FOR THE PROPERTY LOCATED AT 700 NORTHWEST 54 STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND i INCORPORATED HEREIN); ZONED C-1 RESTRICTED f COMMERCIAL; PER PLANS ON FILE; SUBJECT TO A E TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of April 4, 1994, Item No. 1, duly adopted Resolution No. ZB 20-94 by a seven to zero (7-0) 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 s rya r LIE _t9r14; and _ CITE' COMUt?ISSJON ,J �ocoluti�n � 3 WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to approve the special exception and to affirm the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Miami Zoning Board to grant a special exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 9, Section 931, Drive -through and Drive-in Establishments; Car Washes, Subsection 931.2 Requirements for Reservoir Spaces, Applying Generally, Subsection 931.2(d) Drive -through Window Facilities for Eating and Drinking Establishments: eight (8) spaces before the service window, one (1) space at the service window, one (1) space after the service window; to allow a drive - through restaurant facility with a reduction of the reservoir spaces as follows: north through lane, five (5) spaces before the service window; one (1) space at the service window and one (1) space after the service window; south through lane, seven (7) spaces before the service window, one (1) space at the service window, and one (1) space after the service window for the property located at 700 Northwest 54 Street, Miami, Florida, 94- 591 2 legally described on Exhibit "A" 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 a special exception is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 26th da July , 1994, ATTE STIPHEN P. CLAR , MAYOR MATTY HTRAT i CITY CLERK PREPARED AND APPROVED BY: t G. MIRTAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: F E A. QU N eT)SN S, T It CITY ATT0 N Y GMM/ in/bs /M4336 ! i i ti. { s i i t 3 94- 591 -EGAD DESCRIPTION: ,.LL OF LOTS 2 AND 3± TOGETHER WITH LOTS 4 AND 5, LESS THE EAST .00 FEET THEREOF, IN BLOCK 1 OF "50WL ING GREEN" ACCORDING TO THE 'LAT THEREOF AS RECORDED IN FLAT 50OK 5 AT f=AGE 101 OF THE fzUSLIC 1ECORDS OF DADE COUNTI', FLORIDA, BEING MORE FARTICUL.ARL1' )E5CR15ED AS FOLLOWS: 5EGIN AT THE NORTHWEST CORNER OF SAID LOT 2 ± THENCE RUN SOUTH 90 )E6REE6 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID OT5 2, 3 AND 4 FOR A DISTANCE OF 159.93 FEET TO A POINT OF :URV4TURE OF A CIRCULAR? CURVE CONCAVE TO THE SOUTHWEST} THENCE 'UN SOUTHEASTERL'' ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF �.00 FEET, THRU A CENTRAL ANGLE OF 53 DEGREES 18 MINUTES 09 ECONDS FOB? AN ARC DISTANCE OF 23.26 FEET TO A POINT OF NON- 4NGENC,Y± THENCE RUN SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST LONG THE WEST RIGHT-OF-WA*r LINE OF N.W. `1TH AVENUE FOR A ISTANCE OF 94.94 FEET TO A f='OINT± THENCE RUN NORTH 90 DEGREES 00 NUTE5 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 5 FOR A !STANCE OF 100.O0 FEET TO A f=OINT± THENCE RUN SOUTH 00 DEGREES MINUTES 20 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 3 FOR D15T,4NCE OF 2(o.24 FEET TO A POINT* THENCE RUN NORTH 90 DEGREES � MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 3 ID 2 FOR A DISTANCE OF a0.00 FEET TO A f=OINT± THENCE RUN NORTH ) DEGREES 10 1" IINUTES 20 SECONDS EAST ,4LCNG THE WEST LINE OF SAID ,T 2 FOR ,4 D15TANCE OF 131.24 FEET TO THE ROINT OF 5EGINNINn. 1 1 TELEPHONE 1305) 462-2006 i FAX 1305) 523-1722 G uNSTER, YoASLEy & STE'WART, P. A. ATTORNEYS AT LAW BROWARD FINANCIAL CENTRE BUILDING, SUITE 1600 500 EAST BROWARD BOULEVARD PORT LAUDERDALR, FLORIDA 33394-3002 PLEASE REPLY TO P.O. BOX 14636 PORT LAUDERDALE, FLORIDA 3390E-4636 OUR FILE NUMBER: WRITER'S DIRECT DIAL NUMBER: (305) 468-1315 June 24, 1994 OTHER OFFICES IN. STUART. FL 14071 2B8.19B0 WEST PALM BEACH. FL 14071655.1980 Teresita Fernandez, Esquire City Attorney for City of Miami � 275 N.W. 2nd Street -� Miami, Florida 33128 - Re: Special Exception Application for Checker:'-s: Drive -In Restaurant at Coral Way and 36th Avenue. -, - Dear Ms. Fernandez: Enclosed please find a completed and notarized Lobbyist Registration with respect to pending Special Exception Applications brought by Checkers Drive -In Restaurants, Inc. This Lobbyist Registration is filed as we contemplate appearing before the City Commission on June 30, 1994 with respect to the 700 N.W. 54th Street site and contemplate appearing before the City Commission in its appellate function with respect to the 3600 Coral Way site. For your information, we have met with representatives of the Coral. Gate Homeowners Association and are presently discussing a resolution of some of their concerns with respect to the proposed site. It appears at this time that such resolution will not directly affect or relate to the pending Special Exception Application and it is our hope that the application will proceed forward to the City Commission with the Coral Gate group expressly stating their support. I will contact you to discuss this matter in greater detail sometime next week when a better picture of the situation has developed. Please advise me by telephone or in writing if you have at this time received our request for review by the City Commission for the 0A 3600 Coral Way site and if we are, in fact, on the agenda for the July 21, 1994 City Commission meeting. Thank you again for your continued cooperation in this matter and I look forward to speaking with you in the near future. MGE 2 3p5 461 '" '2 / -F ILE No. 105 06i23 ' 94 12 1F 'r7 'WIIL I AMS 8� CLYNE cn sUN— a 3 94. MON 1 ag : 48 _. •• • R r N C3 d Of MINI, FLORIDA mCm 1'er$paht to 341:1 4 t-114 4f the City Of N16411 Cede, lobbyists must; r.gtster with the City Ciork's Off1 a prior to rnat4yog to any lobbyinb Octic/tier'. Eto to Peolstratton 1 foluired far Desch PPlnclpii itepraa�4 ed STATE Of FLORIDA) ies COUNTY or OAQE I • psfars roa. iha Under$ gaerl 4pth4ritye psrsenaliji spostred 4 ('tint r,eoti)WAY who, bang eery sworn anlmet%, deposes &s4 asy*t Lobbyist Ass bus fuentabed a Copy of Art1414 Yi fro* the { City of plant Ca e. 0. Lobbyistvs as*#. bpolaasa address and talephans ae. brat AMY J. GALLO AY a0bytat°s name Suite 1600 500 E. Browaild Blvd. auslhees address I Fort Lauderd le, FL 33394 ' 3051462-2000. 8gllAeea talapAenq Hsi. lf& a. Name And address of principal(s) raprosented to (are't Checkers Drive In Restaurants Inc. P1InRipal i 32.17.N.W. loth Tert'ace, te. 306 Fort Lauderdal FL 33309 ivatsess sadress ` MOT[s 1f the priAtt al i atsd above 1r sompostd of multi to entities or 14dirl utiso each such entity or perso� must be idaat fitd by game sod huelnsas eddrees. if save spats is 46404, a aehedeiE: Ittt"no tnls should be ottaehao Ar'rsta. IZt. The olas and busla rays' address sf any frseloue priWcipst�e ii rsppresra�ted who h10, at the Ciao of his repistrsltono'sn,y Metter$ pending trh4o the City is laveiwtd Including, opt hot 1 W 64 to, building. plonnlog and soniflp Bettors Ohara n@ Certificit of 6CCUPIRCY W, beam issued of whets 1 09 time for shy ar esl 'at any ordisat+ce. ruotwtaoa. i 4ecision. ashen. o recession ties Ante o®t yst e�aplred, a�at ' 4ieme..ef ravteur< iuslAass address of pr4Y14us prtnelvat 94 - '� -1 l PAT 3 �' • . � F16E Nlo• 105 06v23 '94 12�1( _ ):wiu.t" & aYNE 3Cr5 461 '- .• $-S14 MON i rs : q 9 MIS If !hart is More then use jVch Previous principal, lease ottsch a schedule I :tin the naoe and Quviness address of each p *viols printlp4l. ar. S. The lobbyist's MenarBl eras ®t i %ores¢ !o (araya Processing and negotiation, where applicable, of land use and development re uest = i O, The spoclfic l:sae the lobby!$% 9t 'omployed to support er eppoaa 1s (41-01 e j 2 Special Exception applica ions pending for ' 3600 Coral Way and 700 N.G7, 4th Street MATst It more :peep Is "Mod, please %tech a Schedule � sottlAi forth this information. f V. Yho extant of mny tlidsct or Isdirsct b slnsis atsoclptlab or ro74tionship•of the lobbyist in say to m sr,nanosr• whatsooar, aqd wb tthlr as an MVoncyo P rtnsfshio, or corp9ratlens 4r othorwfis, With any Cu rent math-wr *4 the , City Commisalon.. bnc:a,• p,aNeMm, the 91ty.tw4naorr• er the , s:ttyneperFp staff are as follows: ! , None ! i t I n..•.Y .• w.e rw �„v - t.. 4 id0791 It more space I'm hooded, a sched ate data/ling the additlall, inferaagien shael0 be %!ached haute. r_- 14 qua "Mad s, 037 `1706 y Ts a41e et /M011di 64 ,Ap dtir 2 er t i 4.Mnn Qit� Cqumyot Bra-..rolgard ,w N1074 tI�rUtt aae� VW 0 V4WXE WWWI4,MdAt4w laA1 tliF � of brad id rrat l'yt N fAX 0# A 9 MM" Marc: boat WIN 1 Gt 'kvokvt , 97 DID sAa &A anih air tri sfOrr wky at a111� ,++Yikt C1 IERYL J. ROADMAN t� �4Eia 1=Pei �,r tes YCCM.`�ISSICNIXPIRES 1,•., eptember 4, 1994 ,4 y,H,gi BONDED RU NOTARY PUBW UNDEHYMERB 0 0 ZONING FACT SNEE'I PZ = I LOCATION/LEG,AL 700 NW 54th Street (Complete legal description on file with the Hearing Boards Division). APPLICANT/OWNER Robert G. Brown P. 0. Box 1079 Clearwater, FL 34617 (813)298-2190 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 931.2, General and Supplementary Regulations, to allow a drive-thru restaurant facility with a reduction of the reservoir spaces. Required:(8) spaces before the service window, (1) space at the service window, (1) space after the service window. Proposed: North thru lane, (5) spaces before the service window, (1) space at the service window and (1) space after the service window; South thru lane, (7) spaces before the service window, (1) space at the service window, and (1) space after the service window; zoned C-1 Restricted Commercial. RECOMMENDATIONS: PLANNING, BLDG & ZONING Approval. PUBLIC WORKS DDT permit req'd for new driveways (54 St & 7 Ave) PLAT AND STREET N/A DADE COUNTY TRANSPORTATION DOT permit required. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: 0 CEB Action: N/A HISTORY Gran..ed on 4/4/94 by Res. No. 20-94 with a vote of 7-0. One (1) proponent and no oponents were present at the Zoning Board Hearing. ANALYSIS The requested reduction of reservoir spaces from a total of ten (10) spaces to nine (9) in one of the drive through aisles, and from ten (10) spaces to seven (7) in the other will not have an adverse impact to the project or its surrounding area. The project will in turn provide a well landscaped drive -through restaurant to the area with sufficient parking to encourage area residents to eat on the premises within the provided outdoor eating area. Based on these findings, the Planning, Building and Zoning Department is recommending approval. ZONING BOARD Granted for 12 Mos. in which a bldg. permit must be obtained. (Res. No. 20-94) APPELLANT CITY COMMISSION Contd. on -CC 5/23/94 to CC 6/30/94.Cont'd.on CC 6/30/94 to CC 7/26/94. APPLICATION NUMBER 94- 240 Page 1 April 4, 1994 9 4 _ 591 ® 31 'lisle! =logo], I " I , l .�aw11 -m:It RM, %-.! S T. I W Oil' L Iffilmil ' 7 , 7 ) f !G zZ z )J r. I 7 3 r tf SYSTEMS, INC. - SOUTHEAST 6954 N.W. 12 STREET MIAMI, FLORIDA 33126 (305) 477-9149 FAX(305) 477-7526 (800) 287-4799 FC 017 w REVISED 5/4/94 Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 20-94 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 9, SECTION 931, DRIVE -THROUGH AND DRIVE-IN ESTABLISHMENT; CAR WASHES, SUBSECTION 931.2 REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, TO ALLOW A DRIVE-THRU RESTAURANT FACILITY WITH A REDUCTION OF THE RESERVOIR SPACES. REQUIRED: EIGT (8) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW, ONE (1) SPACE AFTER THE SERVICE WINDOW. PROPOSED: NORTH THRU LANE, FIVE (5) SPACES BEFORE THE SERVICE WINDOW; ONE (1) SPACE AT THE SERVICE WINDOW AND ONE (1) SPACE AFTER THE SERVICE WINDOW; SOUTH THRU LANE, SEVEN (7) SPACES BEFORE THE SERVICE WINDOW, ONE (1) SPACE AT THE SERVICE WINDOW, AND ONE (1) SPACE AFTER THE SERVICE WINDOW FOR THE PROPERTY LOCATED AT 700 NW 54 STREET LEGALLY DESCRIBED AS EXHIBIT "A" HEREOF ATTACHED, OF THE PUBLIC RECORDS OF DADE COUNTY; ZONED C-1 RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION WAS GRANTED PER PLANS ON FILE SUBJECT TO PROVIDING A POWER OF ATTORNEY TO THE SATISFAC ':ON OF THE CITY ATTORNEY AND IT HAS A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Ms. Basila and Morales Messrs. Moran-Ribeaux, Sands, Crespo, Luaces, and Barket. NAYES: None. ABSENT: Ms. Ileana Hernandez and Mr. Milian Ms. Fernandez: Motion carries 7 to 0. April 4, 1994 Item# 1 Zoning Board 7 94- 591 EXHIBIT "A" LEGAL. DESCRIPTION: ALL OF LOTS 2 AND 3± TOGETHER. WITH LOTS 4 AND 5, LESS THE EAST 5.00 FEET THEREOF, IN 5LOC< 1 OF 'BOWLING 6R.EEN" ACCORDING TO THE FLAT THEREOF ,45 RECORDED IN FLAT 500< 5 AT PAGE 101 OF THE RUSLIC RECORDS. OF DADE COUNT"', FLORIDA, 5EING MORE PARTICULARLY JE5CR15ED 45 FOLLOWS: 5EGIN AT THE NORTNWE5T CORNER OF SAID LOT 2± THENCE RUN SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOTS 2, 3 AND 4 FOR A DISTANCE OF 15e.93 FEET TO A i=OINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST± THENCE RUN 5OUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THRU A CENTRAL ANGLE OF 53 DEGREES 15 MINUTE5 013 SECONDS FOR AN ARC DISTANCE OF 23.2(o FEET TO A E'OINT OF NON - TANGENCY i THENCE RUN SOUTH 00 DEG REE5 10 MINUTE5 20 SECONDS WEST 4LONG THE WEST RIGHT-OF-WAY LINE OF N.W. ITH AVENUE FORA ,SI5TANCE OF 94.94 FEET TO A FDOINT± THENC5 RUN NORTH 9O DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 5 FOR A DISTANCE OF 100.00 FEET TO A ROINT± THENCE RUN SOUTH 00 DEGREE5 10 MINUTES 20 5ECOND5 WEST ALONG THE EAST LINE OF SAID LOT 3 FOR A DISTANCE OF 2(o.24 FEET TO A f=OINT± THENCE RUN NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 3 AND 2 FOR A DISTANCE OF a0.00 FEET TO A POINT± THENCE RUN NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 2 FORA D 15TANCE OF 131.24 FEET TO THE POINT OF 51='GINNING. ZONING '30ARD ACTION ON PETITION FrDp SPECIAL EXCEPTION I move that the request cn agenda item be (denied) (granted) in that the requirements of Section 3305 (were) (were not) satisfied by relevant evidence in the record of the public hearing. 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 appropriate conditions: 1305.1 gees 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 Offstre,et 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. 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. .94- 591 j f 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. Signature Date Item i 10 9 591 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) Formal public notice and hearing is mandatory for Special Exceptions. The Zoning Board shall be solely responsible for determinations on applications for Special Exceptions. All applications shall be referred to the director of the Department of Planning, Building and Zoning for his recommendations and the director shall make any further referrals required by these regulations. I, Robert G. Brown hereby apply to the City of Miami Zoning Board for approval of a Special Exception for property located at N.W. 54th St. & 7th Avenue Nature of Proposed Use (Be specific) A Drive—Thru Restaurant support of this application, the following material is submitted: Za survey of thepropertyre ared b a State of Florida 1. Two copies of y prepared y Registered Land Surveyor. 2. Four copies of: th^, site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping a etc; building elevations and dimensions and computations of lot area and building spacing. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (sttach to application). 4. Certified list of owners of real estate within a 375-foot 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) 1 7. Fee of S to apply toward the cost of processing: 94- 5,9� i I 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) Si natur Owner or Authorized Agent Robert G. Brown Ecec. U.P. Name Cheekers Drive-fnRp,Staijants_ Tnc. Address P.O. Box 1070 Clearwater, FL 34617 Phone STATE OF FLORIDA) Pinellas SS: COUNTY OF AMR ) Robert G. Brown being duly sworn, deposes and says that he is the (Owner)(Authorized Agent of Owner) of the real property described in answer to question 11 above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. �� Robert G. Brown, Ex ec. V.P. (Name) SWORN TO AND SUBSCRIBED before me this i Oth day of January 199 o ary Public, State of Florida at Large My Commission Expires: •••••,•' S OFFICIAL. SEAL ;r�••• S pIANNE M. AUSTIN My Commission Expires April 28, 1996 '•,�,.,OFF ` Comm. No. CC 197144 12 94- 591 Owner's Name Mailing Address ��i i��i�• - nL+�.- 33I 3 Telephone Number Legal Description: 1 Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) yithin 375 feet of the subject site is listed as follows: Street Addressr Legal Description , Street Address Legal Description Street Address Legal Description 1 3 94-- 591 AFFIDAVIT STATE OF FLORIDA } ' Pinellas} SS COUNTY OF )ME } Before nee, the undersigned authority, this day personally appeared Robert G. Brown , who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance 11000 of the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete permission for 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 glade a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the the real property of which he is the owner or legal representative. 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) (Name) Robert G. Brown Sworn to and Subscribed before no 1 this /0�'K' day of � 192 4 v o ry Public, State of Florida at Large .•`v''""t. OFFICIAL SEAL DIANNE M. AUSTIN E •`•:;�O*AV My Commission Expires 5 9 April 28, 1996 9 4 Comm. No. CC 1971" DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Legal Description Attached 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 Comission. Accordingly, question i2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Schedule B. This is a Public Corporation regularly traded on New York Stock Exchange. 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 0 0 � /B OWNER OR ATTORNEY FOR OWNER Robert G. Brown STATE OF FLORIDA } SS: COUNTY OFxWA Pi 4el l as Robert G. Brown being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in answer to question 01, above; that he has read the foregoing answers and that the saes are true and complete: and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership form on behalf of the"owner. (Name) SWORN TO AND SUBSCRIBED Robert G. Brown/ems, before nos this infih� � •"� ��C�� day Of�laniiarg,,• 19_q,4p fj otary Public, State of Florida at Large MY COMMISSION EXPIRES: ,:'�"`"^'�,••� OFFICIAL SEAL DIANNE M• AVSTIN My Commission Expires s April 29, 1996 •"•A'f of F,c:' Comm. No. CC 197144 I VS 94- 59.E LEGAL DESCRIPTION: ALL OF LOTS 2 AND 3± TOGETHER WITH LOTS 4 AND 5, LESS THE EAST 5.00 FEET THEREOF, IN BLOCK 1 OF "BOWLING GREEN" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 101 OF THE PU5LIC RECORDS �OF DAIDE COUNT"', FLORIDA, BEING MORE PARTICULARLI'" ,'ESCR15ED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF S,4f D LOT 2 ± THENCE RUN SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID LOTS 2, 3 AND 4 FOR A DISTANCE OF 159.93 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST± THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THRU A CENTRAL ANGLE OF 53 DEGREES 18 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 23.2ro FEET TO A POINT OF NON - TANGENCY± THENCE RUN SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST 4LONG THE WEST RIGHT-OF-WAr LINE OF N.W, -ITH AVENUE FOR A ,) ISTANCE OF 94.94 FEET TO A POINT± THENCE RUN NORTH eO DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 5 FOR A DISTANCE OF 100.00 FEET TO A POINT± THENCE RUN SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST ;LONG;. THE EAST LINE OF SAID LOT 3 FOR A DISTANCE OF 2ro.24 FEET TO A POINT± THENCE RUN NORTH 90 UECzREES 00 MINUTES 00 SECONDS WEST ,4LCNG THE SOUTH LINE OF SAID LOTS 3 AND 2 FOR A DISTANCE OF 80.00 FEET TO A POINT± THENCE RUN NORTH 00 DEGREES 10 MINUTES 20 SECONDS E,45T ALONG THE WEST LINE OF 5AIr LC?T FOR A [DISTANCE OF 131.24 FEET TO THE POINT OF 5EGINNING. QD L� SCHEDULE B MANAGEMENT Directors and Executive Officers The following table sets forth the names and ages of the Company's Directors and executive officers and the positions they hold with the Company. Executive officers serve at the pleasure of the Board of Directors. Nerve AV Podtlor Herbert G. Brown ...................... 69 Chairman, Director (term expiring in 1994) and a member of the Executive and Audit Committees James E. Mattei ....................... 44 Chief Executiv ^Ifficer, President, Director (term expir x: in 1994) and a member of the Executive and Compensation Committees James F. White, Jr ...................... 53 Chief Operating Officer, Director (term expiring in 1993) and a member of the Executive Committee N. John Simmons, Jr .................... 37 Vice President -Finance and Chief Financial Officer George W. Cook ....................... 60 Executive Vice President -Purchasing and Human Resources, Director (term expiring in 1993) and a member of the Executive Committee Jared D. Brown ........................ 33 Executive Vice President, Secretary/ Treasurer, Director (term expiring in 1993) and a member of the Executive Committee Robert G. Brown ....................... 31 Executive Vice President -Real Estate and Development John E. Hellriegel ...................... 53 Vice President -Franchising Dale A. Naftzger ....................... 48 Vice President -Operations Anthony J. Monzo .................. 43 Vice President -Marketing Thomas M. Nash ...................... 44 Vice Presiaent-Real Estate and Development James M. Roche ....................... 86 Director (term expiring in 1995) and a member of the Audit and Compensation Committees Harry S. Cline ......................... 52 Director (term expiring in 1995) and a member of the Audit and Compensation 17 Committees R E C If %./'.-WILLIAMS & CLYNE, P.A. ATTORNEYS AT LAW DOUGLAS CENTRE, SUITE 1102 '94 JUL 25 2600 DOUGLAS ROAD CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 461-0300 TELEFAX (305) 461-3952 July 22, 1994 HAND DELIVERED Ms. Teresita Hernandez, Chief City of Miami Hearing Board Division, 2nd Floor City of Miami Administration Building 275 N.W. 2nd Street Miami, Florida 33128 Re: Agenda Item PZ1 N.W. 54th Street and 7th Avenue To be Heard July 26, 1994, 4:00 p.m. Dear Ms. Hernandez: Attached are statements of support submitted on behalf of area busine,ss owners and operators in connection with the above referenced application for special exception. These statements are provided for inclusion in the file for the public hearing scheduled on July 26, 3-994. As you may recall., a concern was expressed by the Commission at the last hearing on June 30, 1994 ("the hearing"). No members of the public came forward in opposition to the site plan. However, pursuant to the concern expressed, the matter was deferred. Staff has not advised us of any concerns or need for additional. information. Further, as you well know, and as was clearly stated at the hearing, jerjnj-_nSq precludes lobbying of the Commission on zoning matters. In this regard, we have not been able to solicit any input from the Commission in an effort to determine the extent or specific nature of this concern. Checkers is most anxious to establish in the record that the proposed Checkers Restaurant has a positive impact on the community and that the special exception should be granted. recoi", item 94- 591 &(,C5Pd-11 T r" Hernandez Letter July 22., 1994 Page 2 Accordingly, we submit the enclosed statements of support and I look forward to the opportunity to present Checkers' request at the public hearing. Sincerely, landa Cash Jackson i - f CC: The Honorable Mayor, Stephen P. Clark The Honorable Vice Mayor, Miller J. Dawkins Commissioner Victor H. De Yurre Commissioner Willy Gort i % Commissioner J.L. Plummer, Jr. I i WILLi, MS & CLYNE, P.A. 9 4 - 591 STATEMENT OF SUPPORT . s My signature below indicates that I support the construction of a Checkers, Drive -In Restaurant located on the Southwest Corner of N.W. 54th and 7th Avenue. Name/Position n - 0�r`�r Name of Business Address of Business Telephone My signature below indicates that I support the construction of a Checkers, Drive -In Restaurant located on the Southwest Corner of N.W. 54th and 7th Avenue. i 1 ' STATEMENT OF SUPPORT My signature below indicates that I support the construction of a Checkers, Drive -In Restaurant located on the Southwest Corner 1 of N.W. 54th and 7th Avenue. { ' -Nyt " Dwk�kr Name/Position ` Name of Business Address of Business (32d_-)_5 �O _—o Telephone 94- 591 STATEMENT OF SUPPORT .d My signature below indicates that I support the construction of a Checkers, Drive -In Restaurant located on the Southwest Corner of N.W. 54th and 7th Avenue. Name of Business