HomeMy WebLinkAboutR-93-0803d-93-844(b)
11/17/93
19
93- 803
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MMREAS, the Miami Zoning Hoard at its meeting of October 18, 1993, Item
No. 3, duly adopted Resolution ZB 102-93 by a seven to two (7-2) vote, granting
a Speci.a7. Exception, as set forth herein; and
WHEREAS, Manuel Rosado has taken an appeal to the City Commission from
the Zoning Board's decision; and
WHEREAS, the City Commission after careful consideration of this matter
and notwithstanding the decision of the Zoning Boars]., finds that the
application for a Special Exception does not meet the applicable requirements
of the Zoning Ord:ixlance, and deems it advisable arA in the best interest of the
general welfare of the City of Miani and its inhabitants to grant the appeal.,
reverse the decision of the Zoning board and deny the Special. Exception;
I • lal• ar • - �• alr 1 ••. I r •1 • 1 • r ^ r
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CITY COMUSSION
MEETING OF
DEC 1 6 1993
Resolution No.
93- 803
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, Articles 13 and 16, and as listed in the Code of
the City of Miami, Florida, as amended, Section 4-14, for distance requirements
between two non -cop package Liquor stores (for consumption off -premises only)
to permit a 918.9' distance separation (1500' minimum distance required) for
non -cop package liquor stores for the property located at 3030 Southwest 8th
Street, Miami, Florida, (more particularly described in Exhibit "A" attached
hereto and made a part hereof); zoned C-1 restricted commercial, is hereby
reversed, the appeal is granted, and the Special Exception is hereby denied.
Section 3. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 16 th day of December 1994.
P. aiAkc, MAYOR
A
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MATR HIRAI , CITY C =
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G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
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93- 803
- 2 -
EXHIBIT A
Legal Description
All of Lots i and West half of Lot 7, lass the North 20 fast
thereof, and the South 40 feet of the Zest half of Lot 7,
RICICSONOIS SOBDMSION, according to the plat thereof, recorded
in Plat Book "B", Page 130, of the Public Records of Dad*.
County, Florida.
0
Lots S, 6, 7 and •, Block 1; Lots 1, 2, 3, 4, S and 6, Block 4;
and Lot 1, Block S, HILAH PARK, according to the Plat thereof,
recorded in Plat Book 9, Page 72, of the Public Records of Dade
County, Florida.
FVIR
That portion of S.W. 9th Street and S.W. loth Street, lying
between the Last Riqht-of-Way boundary of S.W. 31st Avenue
(formerly known as S.W. 29th Avenue) and the West boundary of
Lot 8, HICKSONoS SOBDMSION, according to the plat thereof
recorded in Plat Book 090, at Page 130, of the Public Records
of Dade County, Florida.
93- 803 )
ZONING FACT SHEET
Pt-2
LOCATION/LEGAL 3030 SW 8 Street
(Complete legal description on file with the Hearing Boards Office)
APPLICANT/OWNER Jorgar Corp./Ciprox, Inc./Elias B.Miskel, Esq. for Pace & S.Chudnow,
Kobrowski & Rithard Schechter Esq.for owner
201 S. Bayshore Blvd. P.O. Box 1900 1500 Miami Center#210
1500 Miami Center #210 Ft.Lauderdale,FL 33302 Miami,FL 33131
Miami, FL 33131 944-3283 .379-9134
ZONING
C-1 Restricted Commercial
REQUEST Special Exception as listed in the City of Miami Code, Chapter 4, Section 4-14, for
distance requirements between two non -COP package liquor stores (for consumption
off -premises only) to permit a 918.9' distance separation (1500' minimum distance
required) for non -COP package liquor stores, following the procedures of the Special
Exception requirements as listed in Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Articles 13 and 16, for the above subjectproperty
zoned C-1 Restricted Commercial.
RECOMMENDATIONS:
PLANNING, BLDG & ZONING Denial.
PUBLIC WORKS No Comment.
PLAT AND STREET N/A
DADE COUNTY TRANSPORTATION No Comment.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violations) 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 Continued from the ZB hearing of 9/20/93 to 10/18/93. Granted on 10/18/93 for 12 mo. to obtain
a bldg. permit by Res. 102-93 by a vote of 7-2.
ANALYSIS When alcoholic beverage establishment distance requirements were reduced from 2500 feet to 1500
feet in 1990, it was visualized that the new standard (1500 feet) was liberal and that only in
rare 4nstances would a special exception be required to reduce said distance. The applicant in
this case is within 918.9 feet of one liquor store, 1635 feet from another and approximately
700 feet from a beer and wine bar. As a grocery store, Pace will be able to sell beer and wine
for off -premises consumption. The Planning, Building and Zoning Department is recommending
denial based on findings that: 1) the established distance requirements are reasonable for the
area and given the close proximity of other such establishments already serving the area; 2)
there are already over 1100 establishments in the City of Miami that sell alcoholic beverages;
3) there are residentially zoned properties within 375 feet of the site and the facility's
parking areas directly abut residential properties. It should also be noted for the record that
parking supply, on -site loading, ingress and egress, drainage and utilities are adequate;
however signs and lighting require controls.
ZONING BOARD Granted for 12 mo. in which a bldg. permit must be obtained.
APPELLANT Manuel Rosado
CITY COMMISSION
APPLICATION NUMBER 93- 188 Page 1 October 18, 1993 9 3 - 803
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REQUEST FOR REVIEW BY THE CITY COMMISSION
-----------------------------------------
Comes now Manuel. Rosado, pro se, and respectfully
requests a review by the Miami City Commission on the matter of
Pace Warehouse, of 3030 S.W. 8th Street for a Special
Exception for distance requirements between two non -cop package
liquor stores. This case was Heard by the Miami Zoning Board
in its meeting of October 18, 1993.
Among the reasons for review are the following:
1.- Pace Warehouse states in its application that
it sells about forty percent (40%) wholesale.
This is in direct violation of Section 401 of
the City of Miami Zoning Ordinance. The store
is located in a C-1 (restricted commercial) zone.
Section 401 for C-1 reads: "... No wholesaling,
or jobbing shall be conducted ...".
The Board allowed PACE'S attorney to dance her
w
way around the subject by talking about low
72
prices. -
2.- The Zoning Board gave undue attention to:
a) supposedly hardships PACE would suffer.
b) supposedly promises made "by City officials"
m =?
(never identified) to PACE as to their ability
to open a liquor store. Bulding permits do
N
not show any evidence of a liquor store. This
was in violation of Sec. 1303 of the City of
Miami Zoning Ordinance, which states that
special permits " shall be issued or denied
only in accordance with the procedures,
standards, and requirements of this zoning
ordinance."
3.- The proposed liquor store would be less than
fifty (50) feet from residential property, in
violation of Section 4-14g.2, City of Miami Code,
which calls for a minimum distance of three
hundred seventy five feet. Pace's own drawing
showed the entrance to the proposed liquor store
to be nine feet from the eastern side of the
store. There are about twenty feet from the
store wall to the monst ruous wall separating
PACE's property from residential properties. The
Board did not properly consider this. They went
with the skilfully worded explanation in PACE's
application, which reads: "the portion of the
PACE Membership Warehouse Store selling liquor
off premises is more than 375 feet from the door
of any residence". Section 4-14g.2 reads:
"whether there are residentially zoned areas
within 375 feet of the subject site ..."
93- 803 7
4.- The Board did not properly take into
consideration the opinion of the planning and
zoning•ppofessionals of the City of Miami, who
opposed the special exception. This proposed
store is not only 919 feet from one liquor store;
it is barely over the legal distance to another
(1634.8 feet by PACE's own drawing). To have a
third liquor store in the area goes against any
sane zoning practices.
5.- The Circuit Court in and for Dade County has
recently found in favor of Martha Weinberg, dba
Boulevard Liquors in a case similar to this but
with only one stablished liquor store.
6.- Contrary to the picture of benevolence that
PACE paints about itself in its application, PACE
will be a net EXPORTER OF WEALTH from the City of
Miami. That company does not generate any new
wealth; it merely shuffles the way money is
4 spen3. Many little stores in the area may die;
their place to be taken by a giant who will
export Miami's wealth to some other place.
It is time for the City of Miami to validate its own Code and
Zoning Ordinance. Enough has been given away.
Respectfully,
Manuel Rosado
12230 S.W. 103 Terrace
Miami, Fi. 33176
(305) 541-6125
594-7740
w ..
1�3
93-
Mr. George Barket offered the following Resolution and
moved its adoption.
RESOLUTION ZB 102-93
AFTER CONSIDERING THE FACTORS SET FORTH IN
SECTION 1305 OF ORDINANCE 11000, AS AMENDED,
THE ZONING BOARD GRANTED A SPECIAL EXCEPTION
AS LISTED IN ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 13 AND 16 AND AS LISTED IN CITY OF
MIAMI CODE FOR DISTANCE REQUIREMENTS BETWEEN
TWO NON -COP PACKAGE LIQUOR STORES (FOR
CONSUMPTION OFF -PREMISES ONLY) CHAPTER 4,
SECTION 4-14, TO PERMIT A 918.9' DISTANCE
SEPARATION (1500' MINIMUM DISTANCE REQUIRED)
FOR NON -COP PACKAGE LIQUOR STORES FOR THE
PROPERTY LOCATED AT 3030 SW 8 STREET, ALSO
DESCRIBED AS EXHIBIT A, ATTACHED; ZONED C-1
RESTRICTED COMMERCIAL. THIS SPECIAL EXCEPTION
HAS A TIME LIMITATION OF TWELVE (12) MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
Upon being seconded by Mr. Carlos Gener, the motion was
passed and adopted by the following vote:
AYES: Ms. Basila and Morales
Messrs. Sands, Gener,
Barket, Milian and Alonso-Poch
NAYES: Messrs. Luaces and Fox
ABSENT: None
Ms. Fernandez: Motion carries 7 to 2.
c
October 18, 1993 Item #3
Zoning Board
93- 803 t
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Joseph W . McManus, Deputy DirectorpATE November 19, 1993 FILE .
Planning, Building & Zoning Dept.
FROM :
uan C. nzalez, Actin
oning Administrator?
SUBJECT : PACE Warehouse
Manuel Rosado's
Letter received
November 2, 1993
REFERENCES:
ENCLOSURES:
Pursuant to a letter received by our department by Manuel Rosado
concerning PACE Warehouse, please be advised of the following
answers to the four (4) questions raised in the aforementioned
letter. Included in the reply are the Building Officials
comments.
Question #1
South Wall not of the height promised.
Answer
Field inspected by Zoning NET Inspector for Little Havana, Edward
Borges and walls found to be in compliance with approved plans.
Furthermore, the Building Plans Examiner will also investigate
for compliance.
Question #2
Non -construction workers on site, which has no C.O. These
workers are in danger in a location without final electrical,
mechanical or fire inspections.
Answer
They have permission to stock and suppl,; merchandise. They
submitted a hold harmless letter dated 0--tober 3, 1993 to the
Building Official. Furthermore, a T.C.O. has been issued as of
this date.
93- 803 1
Joseph W. McManus
November 19, 1993
Page 2 of 2
Question #3
Future operator has declared in its application for a special
permit that its business is forty percent (40%) wholesale. The
site is Zoned C-1 (retail only).
Answer
According to PACE's attorney Bonnie Miskel, PACE has a general
membership policy open completely to the general public of which
all sales are done by retailing. The forty .(40) percent
mentioned in Rosado's letter is from a statement taken from PACE
that 40 percent of their customers resale the purchased
merchandise since they buy cheaper at PACE. However, PACE at no
time sells wholesale only retail to the general public and has no
control over what the customer does once they leave the premises.
Question #4
As opposed
to a
shopping center, there is only
one "premises"
(one address, one control, one water meter,
one electric
meter...)
at this site. As per section 1302 of the Miami Zoning
Ordinance,
they
have to have all their special
permits before
getting a
C.O.
and/or C.U. They do not have
their special
exception
for a
proposed liquor store, as an
appeal is in
process.
Answer
Only a temporary C.O. has been issued on the site. PACE has
obtained all permits to construct and is •now eligible for a
temporary C.O. The liquor distance separation appeal will be
heard by the City Commission. As of this date no sale, of Liquor
is being done by PACE. Since there is only a Temporary C.O. on
file a temporary Certificate of Use has been issued.
JCG: tc
cc: Teresita Fernandez
Zoning file
Central file
93- 803
12.
►35
�3 j
To: City of Miami Planning, Building and Zoning Department
Attention: Mr. .Joseph W. McManus, Deputy Director
COMPLAINT
Comes now Manuel Rosado,
pro se and
formally complains
about violations to the
City of Miami
Zoning Ordinance
and other statutes at the
construction
site on 3030 S.W.
-
8th Street, Miami, Florida.
"•�'
ca
The future operator of
the site -Pace Warehouse- has
advertised an opening on
November 5,
1993, which lends
urgency to this complaint.
Among the violations you will find:
1) south wall not of the height promised.
2) non -construction workers on site, which has no
C.O. These workers are in danger in a location
without final electrical, mechanical or fire
inspections.
3) future operator has declared in its application
for a special permit that its business is forty
percent (40%) wholesale. The site is zoned C-1
(retail only).
4) as opposed to a shopping center, there is only one
"premises" (one address, one control, one water
meter, one electric meter ...) at this site. As
per section 1302 of the Miami Zoning Ordinance,
they have to have all their special permits before
getting a C.O. and/or C.U. They 'do not have
their special exception for a proposed liquor
store, as an appeal is in process.
I am ethically obligated to let you know that I am not an
impartial observer. I own a liquor store at 2955 S.W.
8th Street and I am opposing PACE's application for a
liquor store at the site. However, I do believe that
violations exist at the site and that the city /state/
national regulations should be applied evenly to all:
powerful and not so powerful.
93- 803
0
Please feel free to contact me if I may be of any
assistance, and please keep me informed of developments
at the mentioned site.
Respectfully,
v�
Manuel Rosado
12230 S.W. 103 Terrace
Miami, Florida 33176
(305 ) 541-6125
(305) 594-7740
i
CC: Juan Gonzalez, Acting Zoning Administrator
Robin Vickers, Acting Zoning Administrator
Santiago Jorge Ventura, Deputy Director
Chief Carlos Jimenez, Fire Chief
Captain Wally Moon, Fire Captain
93- 803
The
October 8, 1993
Santiago Jorge -Ventura
City of Miami
Building and Zoning Department
275 N.W. 2nd Street
Miami, FL 33128
RE: Property located at:
Job Description:
Building Permit No.:
Gentleman:
3030 S.W. 8th Street
PACE Membership warehouse
93-5008606
. Company
By this letter we are requesting: Special permission to stock and supply the above captioned
property.
We agree' that we will indemnify and save harmless the City of Miami Building and Zoning
Department, its employees, and the City of Miami Building Official from and against any and all
claims, demands, actions, awards, judgements, suits at law, in equity or before administrative
tribunals, costs, and expenses, including reasonable attorney's fees, which may arise from or as a
result of the issuance of a new permit, We furthermore assume responsibility for the correction, if
required of work performed as stated in the above request.
�� b�-�-�.d,`,,,,,� ...;.� vim- k�. o��..l► �'f� b,..�—.�.�-zs , .A�.
Very truly yours,
CONSTRUCTOR:
Sig ature Signature
Gam' �i � S L i�� /� c:?1�3' _y✓�, �"'� ",� Ll' �—r—t.�..
Print Name Print Name
State of Florida)
County of Dade)
Before me, the undersigned authority, personally appeared under oath depose(s) and say(s) that
he is the legal owner of the above referenced property.
Sworn and suscribed to before me on the 44t"�day of c�e,'r`o.•1,�; 1993.
My commission expires
r
ovia
The new"eale4i btmpany
September 17, 1993
City of Miami
Building and Zoning Department
275 N.'W. 2nd Street
Miami, FL 33128
RE: Property Located at
Job Description:
Building Permit No.:
Gentleman:
(�a.uuhuset'lc+.t S�tulceo.
3030 S.W. 8th Street -
PACE Membership Warehouse
93-5008606
Bj Ahis letter we are requesting:' Temgora(v Certificate of Occupancy.for the above
captioned property. This request is being made for the following reasons: There is
still work pending on the property but we expect to finish within ninety (90Y days. We
would like to be able to start moving 'tenants into the building.
We agree that we, will indemnify and save harmless the City of Miami Building and
Zoning Department, its employees, and the City of Miami Building Official from and
against any and all claims, demands, actions, awards, judgements, suits'at law, in
equity or before administrative tribuhais,,costs and expenses, incruding reasonable
attorney's.fees, which may arise from or as a result of the issuance of a -new permit.
We furthermore assume responsibility for -the correction, if required of work performed
as stated in the above request.
Very truly yours,
OWNER:
Signature Print Name
• _/reOrint Name
i r�. ��• a mod►
State of Florida)
County of Dade)
Before me, the undersigned authority, personally appeared under oath depose(s) and
say(s) that he is the legal owner of the above referenced property.
Sworn and subscribed to before me on this 2"l day of 1993.
My commission : MYIYA M GARCIA-vERA --�--
:. .. =0M / M 2=114
j mm: WY 19, Im Notary Public
"''r Rl, R4� BgtNd 1AN Ik�ty fli01C lbldlrKTtter�
NOTE: If Temp CO is granted, a non-refundable fee of $250.00 is rec;:.jired made
payable to "City of Miami". When a bond is requested that is a sepa to cost. 1
.1 803
CITY OF MIAMI, FLORIDA ,
INTER -OFFICE MEMORANDUM
TO Juan C. Gonzalez, Acting
Zoning Administrator
r
FROM Julie 0. Bru
Assistant City Attorney
Law Department
DATE : September 23, 1993 FILE . A-93-862
SUBJECT :
Legal Opinion
First Rights to Liquor
Store Application
REFERENCES:
ENCLOSURES.
The undersigned is in receipt of a request for legal
opinion, (the "Query"), pertaining to the above captioned issue,
a copy of which is attached hereto for your convenient reference.
One of the questions set forth in the Query concerns an
application for a variance which was scheduled for a hearing
before the Zoning Board on September 20, 1993. Consequently,
because time was of the essence, the aforementioned issue• was
discussed via conference call wherein you, Irma Abella, Miriam
Maer, Joel Maxwell and I participated. During said discussion
you elaborated as to the facts, and revised certain information
set forth in the Query, as follows:
1. You indicated that as to Mr. Alberto' Miguel, referred•
to in your memo as "the first applicant", contrary to
what is stated in the Query, an application for a
Certificate of Use to operate a liquor store was not
submitted, but rather Mr. Miguel submitted a "Certified
Distance Survey".
2. The same correction was noted for, Pace Warehouse,
referred to in your memo as "the second applicant".
3. Finally, as to Mr. Manuel Rosado, referred to as "the
third applicant", you clarified that, Mr. Rosado
submitted a Certified Distance Survey on July 23, 1993,
and an Application for Certificate of Use on August 20,
1993.
Based on the foregoing, we agreed that the information
provided in the Query was incorrect in that only one (1) of the
three (3) parties referred to therein is, in fact at this time
"an applicant" for a Certificate of Use. Consequently, by way of
this memo, I recapitulate, in writing, the response provided
verbally during the aforementioned telephonic conference, and
suggest that you recind the Query and seek a legal opinion on the
underlying issue involved in this instance.
93- 803 19
Juan Gonzalez
Page - 2 -
September 23, 1993
At the onset, we advised that as to Mr. Alberto Miguel
there is no application pending at this time nor could there ever
have been one since Mr. Miguel was never an owner, agent or
tenant of the location in question. Therefore, no further
consideration was merited in relation to the other two (2)
parties.
With regard to Pace Warehouse, as previously noted, there is
no application for Certificate of Use pending at this time.
Furthermore, Section 4-10 of the Code of the City of Miami, in
pertinent part, states that:
No Certificate of Use and/or Occupancy shall
be issued ............. if the proposed place
of business is situated less than five
hundred (500') feet from a place of business
with a prior alcoholic beverage license.
(emphasis supplied).
Accordingly, at such time as Pace submits an application for
a Certificate of Use, a determination should be made as to
whether or not there is another place of business within the
requisite distance with a prior alcoholic beverage. Thus we
agreed that Pace's request for a variance, which had been
scheduled before the Zoning Board is at this time premature.
Finally, we advise that at this time Mr. Manuel Rosado's
application for a Certificate of Use should not be denied on the
basis that Pace Warehouse submitted a Certified Distance Survey
on a date prior to Rosado submitting a survey.
Nothwithstanding the aforementioned, there remains an issue,
which although not explicitly set forth in the Query, is
nevertheless the underlying question with regards to the specific
issues addressed above. Specifically, there remains the
following issues:
Is a liquor vendor who submits a Certified
Distance Survey in accordance with Section
4-10 and 4-15 of the Code of the City of
Miami, prior to submitting an application for
Certificate of Use and/or Occupancy, entitled
to rely on the status quo of said Survey
until such time as said vendor actually
submits the application for the Certificate
of Use and/or Occupancy?
ion93- 803
Juan Gonzalez
Page - 3 -
September 23, 1993
I would note that my review of the Code indicates that there
is no provision at this time which entitles any individual to what
you refer to as "first rights to a liquor store application".
However, your discussion seems to indicate that under certain
circumstances, as a matter of policy, your department recognizes
certain "priority rights" related to licensing requirements during
the permitting process related to development and construction of
establishments which operate package stores and/or bars.
Accordingly, this issue should be examined. comprehensively in
order to determine whether a code amendment should be proposed or
is in fact necessary to award such "priority rights".
I trust this memo, which summarizes the verbal opinions
rendered on September 20, 1993, will suffice in response to the
Query dated September 14, 1993. Therefore, you should formally
notify this office, in writing of the same, and if you agree with
my suggestion, revise your request so as to address the issue
discussed in the preceding paragraph.
JOB:kd:P192
cc: Cesar Odio,
City Manager
Sergio Rodriguez,
Asssitant City Manager
Joel E. Maxwell,
Assistant City Attorney
G. Miriam Maer,
Assistant City Attorney
Irma M. Abella
Assistant City Attorney
93- 803 �
LA
1
CITY OF MIAMI, FLORIDA I . "I
INTER -OFFICE MEMORANDUM
TO A. Quinn Jones, III DATE September 14, 1993
City Attorney
Law Department SUBJECT Request for Legal Opinion:
First rights to Liquor Store
Application
FROM REFERENCES tl
Cesar H. Odlo ENCLOSURES
City Manager
c-"`'
, .�
Your legal opinion is requested on the following question:
"WHICH OF THE FOLLOWING APPLICANTS NOW HAS FIRST RIGHTS TO --:A., LI$JOR STORE
APPLLICATION:
w
A) AN APPLICATION SUBMITTED JULY 2, 1993, WHICH COMPLIES WITH ALL
DISTANCE REQUIREMENTS BUT HAS NOT OBTAINED A LEASE AND IS IN
LITIGATION WITH THE LANDLORD;
B) AN APPLICATION SUBMITTED JULY 191 1993, WHICH COMPLIES WITH ALL
DISTANCE REQUIREMENTS EXCEPT IT IS WITHIN 1500 FEET OF A), IS NOW
UNDER CONSTRUCTION, HAVING NEITHER A TEMPORARY OR FINAL
CERTIFICATE OF OCCUPANCY, OR
C) AN APPLICATION SUBMITTED JULY 23, 1993, FOR THE SAME LOCATION AS
A) WHICH COMPLIES WITH ALL DISTANCE REQUIREMENTS EXCEPT IT IS
WITHIN 1500 FEET -OF B), AND W14ICH NOW HAS A LEASE?"
BACKGROUND
One of the applicants (B) is applying for a variance from the distance
requirements (from A) before the Zoning Board on September 20th. Your opinion
may make moot the application for variance, so that your immediate attention
in this matter would be appreciated. The attached memorandum gives more
background.
Attachments
93- 803 23
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
I , Sergio Rodriguez, Assistant
DATE
September 10, 1993FILE
City Manager & Director
Pla ning, Building & Zoning
Dept.
SUa,ECT
Legal Opinion on
Liquor Survey
application
! 10M `
REFERENCES
uan C. Gonzalez, Ac in
Z •%ing Administrato
i
ENCLOSURES:
Pursuant to the following
situation, I am
requesting a legal opinion
on which applicant has the
first
rights to
claim a location according
to submittal of a proposed
liquor
survey for a liquor package store.
i
2955 SW 8 Street
First Applicant Alberto Miguel
On July 2, 1993, a distance liquor survey was submitted by Alberto
Miguel for a proposed liquor package store. Review of the survey
indicated compliance with applicable distance requirements. The
applicant never obtained the final lease and is currently in
litigation with the owner.
3030 SW 8 Street
Second Applicant PACE Warehouse
j On July 19, 1993, a second distance survey was submitted by PACE
Warehouse for a proposed liquor package store. They were notified at
the time of the submittal of the survey that a prior applicant has
submitted a survey which will effect their application, since both
sites are within 1500 feet of each other.
Furthermore, as of this date the site is under construction and does
not have either a temporary or final Certificate of Occupancy,.
2955 SW 8 Street
Third Applicant Manuel Rosado
On July 23, 1993, a third liquor survey was submitted for the same
site as the first applicant by a different tenant who obtained the
actual leasehold for the site. The applicant was notified of the
prior submittals of surveys by the first & second applicants.
93- 803 25
Sergio Rodriguez
Seember 10, 1993
Par 2 of 2
Findings of Fact
The first applicant Alberto Miguel is currently in litigation with the
owner, since the lease was given to the third applicant which is in
current possession of the property and has applied for a Certificate
of Use and has received several inspections. The first applicant was
not allowed to obtain a Certificate of Use since he could not obtain
possession of the property since the actual lease and possession of
the site was given to the third applicant by the owner of the
Building.
Furthermore, since the second applicant, PACE Warehouse is as of this
date still in construction, they could not obtain a Certificate of Use
application.
Questions for Legal Opinion
By this memorandum I am requesting the following legal opinions.
1. Does the first applicant, Alberto Miguel have any rights to demand
the City "Reserve" his application for first rights to the site until
his litigation over the lease is concluded with the owner who gave the
leasehold to the third applicant.
2. Does the second applicant, PACE Warehouse have any rights to claim
their location as a valid application since they were second in
applying, and the first applicant did not obtain possession of the
property, even though the PACE Warehouse is under construction, and
does not have a valid Certificate of Occupancy.
3. Do.es the third applicant, Manuel Rosado have a right to claim he
is the only valid applicant since the first applicant never obtained
obsession of the site, and the second applicant is under construction
and does not posses a Certificate of Occupancy.
JCG: tc
Enclosures
cc: Joseph W. McManus
Zoning file
Central file
� A6 93- 803
L
CITY 04 FLORIDA
r.�'eml, �. I 6 Ah
To"YsarMH H. od' SEp 2 Q 199393 SE DATE
y anage
SUBJECT
�7 EVE®
FROM : A: u i n
City At rny
ne , REFERENCES
e
ENCLOSURES:
September 15, 1993 FILEMIA-93-005
Alcoholic Beverage Distance
Separation
Your request of
September 10, 1993
You have requested a legal opinion on the following
question:
WHETHER THE DISTANCE SEPARATION REQUIREMENTS
SET FORTH IN SECTIONS 4-12 and 4-13 OF. THE
CODE OF THE CITY OF MIAMI, PROHIBITING THE
SALE OR OTHER DISPOSAL OF ALCOHOLIC BEVERAGES
WITHIN SPECIFIED DISTANCES OF PUBLIC SCHOOLS,
ALSO APPLIES TO PRIVATE SCHOOLS.
The answer.to the question is in the negative.
Sections 4-12 and 4-13, of the Code of the City of Miami
provide as follows:
Section 4-12. Same -From churches and public
schools in central commercial district.
No certificate of use and/or occupancy shall
be issued to any applicant for the sale of
liquor to be consumed either upon the
premises or off the premises and/or for the
sale of beer and wine to be consumed on the
premises in the central commercial district
where the proposed place of business of the
applicant is within three hundred (300) feet
of a church or public school; provided the
method of measurement that shall be applied'
to determine whether or not the the proposed
place of business of the applicant qualifies,
shall be by measurement made or taken from
the main front entrance of the place of
business to the nearest point on a parcel of
land occupied by a church or parcel of land
set aside for, and used, or proposed to be
used, for public school purposes, and the
measurement shall be made along the route of
93- 803 27
Cesar H. Odio Sep nber 15, 1993
City Manager Page -.2- MIA930005
ordinary pedestrian traffic (emphasis
supplied).
Section 4-13. Same -From churches and
public schools in combination residential
commercial districts.
No certificate of use and/or occupancy shall
be issued to any applicant for the sale of
liquor to be consumed either upon the
premises or off the premises and/or for the
sale of beer and wine to be consumed on the
premises in the combination residential and
commercial district to where the proposed
place of business is within three hundred
(300) feet of a church or nearer than one
thousand (1,000) feet to any public school;
provided the method of measurement that shall
be applied to determine whether or not the
proposed place of business of the applicant
qualifies shall be by measurement made or
taken from the main front entrance of the
place of business to the nearest point on a
parcel of land occupied by a church or a
parcel of land set aside for, and used, or
proposed to be used, for public school
purposes, and the measurement shall be made
along the route of ordinary pedestrian
traffic (emphasis supplied).
The above cited City Code sections prohibit the sale or
consumption of alcoholic beverages within specified distances of
churches and public schools. These sections do not contain a
definition of the term "public school." Consequently, the
inquiry is whether the phrase "public school," when used in
reference to the aforementioned distance requirement, includes
"private schools."
In statutory construction, statutes must be given their
plain and obvious meaning and it must be assumed that the
legislative body knew the plain and ordinary meaning of the
words. Rinker Materials Corp. v. City of North Miami, 286 So.2d
552 (Fla. 1973); Rose v. Town of Hillsboro Beach, 216 So.2d 258
(Fla. 4th DCA 1968). If words used therein clearly express the
legislative intent, other rules of construction and
interpretation are unnecessary and unwarranted. Marion County
Hospital District v. Namer, 225 So.2d 442 (Fla. 1st DCA 1969).
Municipal ordinances are subject to the same rules of
construction as are state statutes. Rinker Materials Corp. v.
City of North Miami, 286 So.2d at 553; Great Outdoors Trading v.
City of High Springs, 550 So.2d 483 (Fla. 1st DCA 1989).
Accordingly, the phrase "public school" as used in the above
cited ordinances must be given its plain and obvious meaning.
28 - t,
93 803
Cesar H. Odio
City Manager
Se ?mber 15, 1993
Pay,: -3- MIA930005
The distinction between "public school" and "private school"
is clear. The dictionary definition of "private school" is as
follows:
A school that is established, conducted, and
primarily supported by a non -governmental
agency.
On the other hand, "public school" is defined as:
a tax -supported school controlled by a local
governmental authority; specific: an
elementary or secondary school in the U.S.
providing free education for the children of
residents of a specified area.
Webster's Third New International Dictionary (unabridged) 1005,
1836 (1981).
In accordance with the foregoing definitions, Webster's II
New Riverside University Dictionary 951, 936 (1984), defines
"private school" and "public school" as follows:
Private school: A secondary or elementary
school run and supported by private
individuals or a corporation instead of by a
government or public agency.
Public school: A U.S. elementary or
secondary school supported by public funds
and providing free education for children of
a community or district.
The doctrine of "expressio unius est exclusio alterius" is
germane in this instance. It is a legal maxim of statutory
interpretation which means that the expression of one thing is
the exclusion of another. Based on the herein quoted
definitions, application of said maxim indicates that the herein
cited code section's reference to the phrase "public school"
expressly contemplates only those schools which secure funding in
major part from the government, and said reference does not
embrace private schools as commonly defined.
93- 803 29,
Cesar H. Odio ' SeE inber 15, 1993
City Manager Page_-4- MIA930005
CONCLUSION
Based on the foregoing, Sections 4-12 and 4-13, of the Code
of the City of Miami must be interpreted to mean that the
distance requirement's set forth therein apply to public schools
only, and not to private schools. In accordance with the
aforementioned conclusion, a City Code amendment would be
necessary if the City desires to apply the distance requirements
referenced herein to private schools.
PREPARED BY: REVIEWED BY:
ie 0. Bru Rafael 0. Diaz
istant Cit Attorney Deputy City Atte ney
AQJ/JOB/kd/M283
cc: Sergio Rodriguez, Asst. City Manager/Director,
Planning, Building and Zoning Department
Joseph W. McManus, Deputy Director,
Planning, Building and Zoning Department
Juan C. Gonzalez, Acting Zoning Administrator
Jo King Reid, Zoning Inspector II
Gisela Alfonso, Zoning Inspector I
93- 803
30.
, tf t21MI
A. QUINN JONES, III
City Attorney
September 17, 1993
*VIA FAX AND U.S. MAIL
(30S): S79.6700
Telecopier:(305)579.3399
Harvey Reisman, Esquire
Megabank Building, 4th Floor
46 S.W. 1 Street
Miami, Florida 33130-1610
Re: Your Chapter 119 Public Records Request
of September 17, 1993; Package Liquor Stores;
Pending request for Legal Opinion received by
this office September 16, 1993 (Our file#A-93-862)..
Dear Mr. Reisman:
Pursuant to your Chapter 119 request, please find enclosed a
copy of the City Manager's request for legal opinion relative to
property located at 2955 S.W. 8 Street.
Si cerely,
c�I <Ptanitl
/Jel E.MAttachments ( Cief AssiCity Attorney
JEM/mis/M241
cc: Cesar H. Odio
City Manager
Julie 0. Bru
Assistant City Attorney
Juan Gonzalez
Acting Zoning Administrator
93- 803
OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Suite 300/300 Biscayne Boulevard Way/Miami, Florida 331313
�` . /
?r.i -BLE MIA 305-356-5202 F p 7
MCOA LANK NUA.DINO . 1r0UR+hs /600vk
MARVlY 1. Rt.6tNAN •• 60Wrl"wt6T /IR6T 6TRCtr
-eLao-4cm! (sae) ses•lels
TV-2COMIEN (305) 350 • CZO8
September 17, 1993
(FAX 579.3399)
Joel E. Maxwell, Esq.
City of Miami
Office of City Attorney
300 Biscayne Boulevard Way, Ste. 300
Miami, Florida 33131
Re: Pad age Liquor Stores
Dear Mr. Maxwell:
I understand you have received a request for a legal opinion form the City Manager with
respect to the priorlUes, If any, of applications for Issuance of Certificates of Use with
respect to promises located at 3030 Southwest 5th Street and 2955 Southwest 8th Street,
both located In the City of Miami.
Pursuant to Florida Statute 119, 1 request a copy of the request for your opinion and
would appreciate It if you would fax it to me at your earliest convenience,
Sincerely yours,
HIR:Is
HARVEY 1, REI N, P.A.
inn
t;
93- 803
33
Delt-.a Due Date When Giving a Closii_ Jate
and Change Status from "0" to
"A" NUMBER DATA FORM
CITY OF MIAMI
LAW DEPARTMENT
Record Number
A
_ 9300862
Date # Issued
9 17 93
Date Request
Attorney
JOB
Received
9 16 93
Client
PBZ
Date Due
9 27 93
FIRST
RIGHTS TO
Date Closed
LIQ.STORE
APP.
Status
0
Subject Matter
LEGAL OPINION
REQUESTED: FIRST
RIGHTS TO
LI UOR STORE
APPLICATION A
B OR
C .
Comments
93- 803
34 ,s
CITY OF MIAMI. FLORIDA
INTEROFFICE MEMORANDUM
r0 A. Quinn Jones, III DATE September 14, 1993 `
City Attorney '-
Law Department SUBJECT Request for Legal Opinion:
First rights to Liquor Store
Application
`q�rJ REFERENCES
Cesar H. Odio
City Manager ENCLOSURES
Your legal opinion is requested on the following question:
_.
"WHICH OF THE FOLLOWING APPLICANTS NOW HAS FIRST RIGHTS TO`A: LIQUOR STORE
APPLLICATION: -
A) AN APPLICATION SUBMITTED JULY 2, 1993, WHICH COMPLIES WITH ALL
DISTANCE REQUIREMENTS BUT HAS NOT OBTAINED A LEASE AND IS IN
LITIGATION WITH THE LANDLORD;
B) AN APPLICATION SUBMITTED JULY 19, 1993, WHICH COMPLIES WITH ALL
DISTANCE REQUIREMENTS EXCEPT IT IS WITHIN 1500 FEET OF A), IS NOW
UNDER CONSTRUCTION, HAVING NEITHER A TEMPORARY OR FINAL
CERTIFICATE OF OCCUPANCY, OR
C) AN APPLICATION SUBMITTED JULY 23, 1993, FOR THE SAME LOCATION AS
A) WHICH COMPLIES WITH ALL DISTANCE REQUIREMENTS EXCEPT IT IS
WITHIN 1500 FEET.OF B), AND WHICH NOW HAS A LEASE?"
BACKGROUND
One of the applicants (B) is applying for a variance from the distance
requirements (from A) before the Zoning Board on September 20th. Your opinion
may make moot the application for variance, so that your immediate attention
in this matter would be appreciated. The attached memorandum gives more
background.
Attachments
93- 803 35
r
cfifia
ianxi
OF
SERGIO RODRIGUEZ, AICP ,3 CESAR H. ODIO
Director City Manager
I Gf,�O,FVO�`
September 3, 1993
i
I
i
i
Manuel Rosado
c/o Omni Liquors
12230 SW 103 Terr.
i
Miami, FL 33176
i Certificate of Use
i Application
2955 SW 8 St. #101
i
i
Dear Mr. Rosado:
Please be advised that I am in receipt of your application for a
Certificate of Use for a proposed Liquor package store.
i
By this letter I am informing you that your application will be
placed on hold until the following two (2) items are cleared.
1.
A Legal opinion on whether a private school is
exempt from distance requirements as set forth
in Chapter 4 of the City Code concerning
Liquor establishments and distance separation
from schools.
2.
A Legal opinion on what applicant has first
rights concerning submittal of Liquor distance
surveys. As you are aware the City has
another application for a liquor package store
on the same location you have submitted your
application. The applicant Alberto Miguel
submitted his distance survey prior to yours,
but due to a leasing problem, has not been
able to acquire possession of the property and
currently is in legal action with the owners
of the property.
93- 803 37
Manuel Rosado
September 3, 1993
Page 2 of 2
Furthermore, there is a third applicant (PACE Warehouse) who has
submitted a third application for a liquor package store that is
within the mandated 1500 feet required by Code.
Due to the above mentioned situations I am requiring a second
legal opinion on what should be the process to handle this
situation.
If further Zoning information is required on this matter, please
call my office at 350-7876.
ry truly yours,
ZoningJuan •Adminilt , Ac ing
JCG: tc
Enclosures
cc: Zoning file
Central file
803
3�
93-
t- l_11 1
(1 1) t=:EFi T
r t_t IFII_•ATE OF USE
STATUS: 1 ACTIVE E NON-FI NANr_: I AL I Nt !t_I I KY
E+I_ttilN f-t.t NUMBER: 2141 A c;Ss,29SS SW _ +HELL: FOLll_I rt.
N N ncr-+ r-
• '� •` • � _. .. � F'fM , :: � • • . T'h1.�li r• �W � "�,� ,..••t .^ 'tL+•a 1 i •ice
Orr
_ City of Miami -
Qocr..;;..,� CERTIFICATE OF USE ..
i
j
i
i
i
i
r,
For Building & Zoning
1. Building must be open to all inspectors.
Department Use Only
Certificate No:
2, The inspection fee is not refundable.
z3.
Sign Permit is required for all signs.
,--,
o
4. Do not operate business until Certificate of Use and Occupational
License are issued.
Audit Number,
5, Make check(s) or money order(s) payable to the City of Miami.
C.O. No:
6. This document is issued pending collection of funds from the
instrument of payment
Zoned:
rnr
1. Name of Owner/Agent:
Fee:
2. Name of Business:
d M L/ c{ OA S
Zonin Rspector Date
3. Business Address:.
❑ Cash ❑ Check No:
%�}�
4. Telephone No:
5. No. of Seats:
6. Square Footage:
Approved by:
/�
S 7ep- 4/ .L
**q•
7-
7. Mailing Address:
iJ S, e% / 03
Zoning Inspection Chief Date
8. Approved Use:
/�-'AGfcA s 7-40A2
+`iLlOoj-0A SclkJe-%j 0 N F/LG)
d
-
t/J
,.I,h ve raid ih application• and I .do freely .an i-ofuntarily 911ffe that the
and information, contained thereinare•trce.and, correct.
_-statements
Signatureof Owner/Agent Date.
1) BZ/CA 203 Rev. 04/93 :Distribution: -White• - Owner/Agent; Pink- Occupational Licenses; 'Goldenrod — Owner/
:Agent (aher a certificate number is issued): Card - Building & Zoning Dept
93- go3
39
CITY OF r FLOnIDA
INTER -OFFICE MEMORANDUM
o A. Quinn Jones, III DATE Augustz,r20,-_'1993..• FILE
City Attorney = '`
liLIFUL'CT Legal Opinion,
Chapter 4,
Sections 4-12 & 4-13
City Code of Miami
ROM REFERENCES
Sergrg,
riguez, Director
Pla iBuilding & Zoning Dept. ENCLOSURES
Please provide a legal opinion whether the term "public schools" as
continued in Sections 4-12 and 4-13, Chapter 4, Miami City Code, is
construed to include any schools (whether public or private) as set
forth in connection with distance requirements.
This questions arose as a result of an application for a liquor
package store proposed to be located at 2955 SW 8 Street. The
required alcoholic beverage survey indicated the location of a
private elementary and middle school within the 1,000 foot distance
separation. Inspector Gisela Alfonso requested clarification
concerning the "private" versus "public" school issue.
Joel Maxwell was contacted by Acting Zoning Administrator, Jo King
Reid, and subsequently Julie Bru of your staff commenced research.
Please call Mrs. Reid at 579-6800 ext. 739 if additional information
is required by your department.
Thank you for your assistance.
SR: tc
cc: Joseph W. McManus, Deputy Director
Juan C. Gonzalez, Acting Zoning Administrator
Gisela Alfonso, Zoning Inspector I
Zoning file
Central file
1�
93- 803 41
MIAM1 CODE
Sec. 4-11. Same —From residential districts.
No license for the sale of liquor and/or beer and
wine for consumption on the premises shall be
permitted nearer than five hundred (500) feet to
an R (residential) district, unless such institution
is so arranged and the building so constructed
and the business is so conducted as to prevent the
emission of sounds, vibrations and odors. (Ord.
No. 9585, 4 2, 3.24.83)
Sec. 4-12. Same —From churches and public
schools in central commercial
district.
No license for the sale of liquor to be consumed
either upon the premises or off the premises or for
the sale of beer and wine to be consumed on the
premises shall be issued in the central commer-
cial district to any person, firm or corporation,
where the place of business is within three hun-
dred (300) feet of a church or public school; pro-
vided the method of measurement that shall be
applied to determine whether or not a place of
business applying for a license to sell liquor for
consumption either on or off the premises [quali-
fies,) shall be by measurement made or taken
from the main front entrance of the said place of
business to the nearest point on a parcel of land
occupied by a church or parcel of land set aside
for, and used, or proposed to be used, for public
school purposes, and the said measurement shall
he made along the route of ordinary pedestrian
traffic. (Ord. No. 9585, § 2, 3.24.83; Ord. No. 9664,
§ 1, 7.28.83)
Sec. 4-13. Same —From churches and public
schools in combination residential.
commercial districts.
No license for the sale of liquor to be consumed
either upon the premises or off the premises or for
the sale of beer and wine to be consumed on the
premises shall be issued in the combination resi-
dential and commercial district to any person,
firm or corporation, within three hundred (300)
feet of a church or nearer than one thousand (1,000)
feet to any public school; provided the method of
measurement that shall be applied to determine
whether or not a place of business applying for a
license to sell liquor for consumption either on or
9upp. No. 38
1 4.14
off the premises (qualifies,) shall be by measure-
ment made or taken from the main front entrance
of the said place of business to the nearest point
on a parcel of land occupied by a church or a
parcel of land set aside for, and used, or proposed
to be used, for public school purposes, and the
said measurement shall be made along the route
of ordinary pedestrian traffic. (Ord. No. 9585!§ 2,
3.24-83; Ord. No. 9664, § 1, 7.28.83)
Sec. 4-14. Exceptions to distance require-
ments.
(a) The restrictions hereinabove set forth shall
not be applicable to apartment -hotels, and mo- .
Leis,* with fifty (50) or more guest rooms or to
office buildings containing at least sixty thousand
(60,000) square feet devoted to and maintained
for office room space, and said hotels, motels, and
office buildings may contain places of business for
the sale of liquor and/or beer and wine to be con.
sumed on the premises where such sales are con-
ducted in an orderly manner, and where such
sale of liquor and/or beer and wine in said hotels,
apartment -hotels, motels or office buildings is strictly
incidental to the principal hotel, motel or office
building use and where there are no signs of any
type exhibited or displayed to the outside, indi-
cating that liquor and/or beer and wine is obtain-
able therein, and where the room for the sale of
liquor and/or beer and wine as conducted does not
open upon any public street or sidewalk. Not more
than one (1) certificate of use and/or occupancy
for consumption on the premises shall be issued
for any one (1) hotel, upartment-hotel, motel or
office building.
(b) The restrictions as to distance as hereinabove
set forth shall not be applicable to bona fide res-
taurants and dining rooms where the sale of li-
quor and/or beer and wine is entirely incidental
to the principal use of sellingjood, and where no
sign or display is made to the outside indicating
that alcoholic beverages are obtainable therein
and where such restaurant has a space of at least
four thousand (4,000) square feet, having accom-
modations for service of two hundred (200) or more
patrons at tables and containing all necessary
equipment and supplies for serving full course
*City code cross reference —Hotels and motels, ch. 25,
A 364 9 i - $'0 3
APPLICATION FOR SPECIAL EXCEPTION File Number .
HEARN
Within the City generally, or within certain toning districts,
certain structur,6l�, usAI$ aso/om j Qrpancies specified in this
ordinance are o 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
4eterminat Ws on applications for Special Exceptions. All
applications shall be referred to the director of the Oepartant
of Planning, building and Zoning for his rscoamendations and the
director shall make any further referrals required by these
regulations.
to Bonnie Miskel* , hereby apply to the City of Mini Zoning bard for
approval of a Special Exception for property located at3030 S.W. 8th Street. Miami.. Florida.
Nature of Proposed Use (Be specific) A portion of the property to be used for the
sale of liquor to be consumed off the premises. See Exhibit nV
�+ support of this application, the following uteri&) is submitted:
✓/ 1. Two copies of a survey of the property prepared by a State of Florida
Registered Land Surveyor.
_Z,*2.0 Four copies of: the.site plan shoring (as required) property boundaries,
existing (if any) and proposed structure(s), parking, landscaping
etc; building elevations and dimensions &W computations of lot area
and building spacing.
3. Affidavits disclosing ownership of property covered by application and
/4.
disclosure of interest form (attach to application).
• Certified list of owners of real estate within a 376-foot radius of the
outside boundaries of property covered by the application.
S. At least two photographs that show the entire property (tared and improve -
ants).
6. other (Specify)
7. Fee )f f 2980 to apply toward the cost of processingo W .
. - . . 9 3— 803 4'
.. ..--,.._.6:., - knolen Tnr. 3
Special Exception .:.:..:................... M-00
Surcharge equal to #" ic&�N .fie mr fvn above,
not to exceed six hundred and {iffy o ars (SM)
except froo agencies of the city; such surcharge
to be refunded to the applicant if tkre is no
appeal from a property owner within three hundred
and seventy-five (319) feet of the subject property.
(City Code - Section 62-61)
Signature _�►.,.� !� o
4w*P--w Authorized Agent of Pace
Membership Warehouse, Inc..
Now Ruden. Barnett. Merlorky- Smith
Schuster & Russell, P.A.
Address Post Office Box 1900
i Fort Lauderdale, Florida 33302
phone 305-764-6660
STATE OR FLORIDA)
COUNT/OF S5:
���► ; ('5 k e I being dully smrn, deposes and says thatshe is the
Omer) (AV thorized Agent of Owner) of the real property described in answer to question /1
above; thatshe has read the foregoing answers and that the sass are true and cosplete;
and (if acting as agent for owner) thatshe has authority to execute this petition on
behalf of the aw%ep, Pace Membership Warehouse, Inc.
SWORN TO AND SUij RIfED
be re se this day of
199 S.
My Cossission Expires:
1101eK PAk 3fde of flees
Of forrir4:.a :X, In: Nov. 20, 1993
bndad Thry Troy Fein • Iruyronra rne,
(1wei
Notary Hubl ,/State of f10des at Large
93•-. 803
AFFIDAVIT
STATE OF FLORIDA)
)ss:
COUNTY OF DADE )
Before me, the undersigned authority, this day personally appeared Steven
L. Chudnow, 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,
joining in the submission of 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
modification of a -classification or regulation of zoning as set out in the'
L .
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 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 me
this 19th day of Auguet, 993.
Notary Pu c, State o For a
My commission expires:
(N.P. Seal)
MIAMI 136728.1 - CMA
I
NOTARY PUBLIC STATE OF FLORIDA
BONDED�TNRU tGE ER& IRS* Utc'J*
STEVEN L. CHUDNOW, legal
representative of the owners -.-
to
w '
93- 803 45
OWEN'S LIST
Owwr's Male Richard Schechter
c/o American Business Center
moirg Address .34 S.E. 2nd Avenue, Suite 700, Miami. FL 33131.
Telophone kakr c/o Steven Chudnow, Esq. 305-358-6300
Legal Description: See Exhibit "A"
WWII Om Elias Kobrowski
c/o American Business Center
Neiling Address 34 S.E. 2nd Avenue, Suite 700, Miami, FL 33131
ToI"hwe Nusw c/o Steven Chudnow, Esq. 305-358-6300
Lapl O"Criptlon: See Exhibit "A"
Jorgar Corporation, a Florida corporation - a wholly owned
or~ Is Mane a haiAfAry of .7n2ara_ma. Inc., a PaALManian corporation, whose
z - sole stockholder (bearer stock) is Carlos Lindenfeld.
Rsiiing Amms c/o Steven Ch dnow. Eno., Shutts i Bowen
201 South Biscayne Blvd., 1500 Miami Center, Miami, FL*-33131
Tel"Wa Wow __ 305-358-6300
Legal DUCHOtion: See Exhibit "A"
Ciprox, Inc., a Florida corporation - whose sole shareholders
OWNIsNews ----- Ar�_e�rt..e r;.,a-..�+-tot �..a n�- E-ta ---
c/o Steven Chudnow, Esq., Shutts i Bowen
ftiIIng Address 201 Seu h Biscayne 91vd-. 1500 Mian+;s�entwr. Miami. -PT, 33131
305-358-6300
Telephone New
Legal Description: See Exhibit "A"
Any other real auto Pe" rty owned individ"lly, jointly, or soveraily (by corporetles,
portnefthip or privately) within 371 feet of the SUNat site is listed a follows:
Street Address Level OeuriptiM -
Adie�in�c-Prenerty See Exhibit "C"
Street Address Legal Description
Street Address Lpal Description 9 3- 803
1
013CLOSURI OF OWNIRSNIP
1. Legit description and street address of subject rest property!
Please see Exhibit "A", attached
77
2. Owner(s) of subject real proporty and percera3ge ofi;e10LVsMPr Vinancio
e: City of Miami
Ordinanca No. 9419 requires disclosure of all Rartles havinq a 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.
Please see Exhibit 1 , attached
S. Legal description and street address of any real property (a) owned by any party
listed in answer to question 12, and (b) located within VS feet of the subject
real property.
Please see Exhibit "C", attached
IWMM ATTORNIY FOR OWNER
STATE OF FLORIDA } SS:
COUNTY OF OADI }
Steven L. Chudnow , being duly sworn, deposes aye 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 some are true and coeiplete;
and (if aeting as attorney for owner) that he has authority to extote the Disclosure
- of Ownership form on behalf of the owner.
Steven L. C
SWORN TO AND SUISCRIOID
before at this 6 t
day of August , 199 3
NY CWISSION IX►IRIS:
10TAR7 PUBLIC STATY OF PLOF=
BONDED THRU GE4MM 3A. tM .
(SSAL)
� f stlorida at La t
e on
� 1
93- 803 47
EXHIBIT 1
Ownership Interests
JORGAR CORP., a Florida corporation 75%
i
CIPROX, INC., a Florida corporation 5%
Elias Kobrowski 10%
Richard Schechter 10%
1. Richard Schechter
American Business Center
34 S.E. 2nd Avenue
Suite 700
Miami, FL 33131
2. Elias Kobrowski
American Business Center
34 $-.E. 2nd Avenue
Suite 700
Miami, FL 33131
3. Jorgar Corporation, a Florida corporation -
A wholly owned subsidiary of Jucarama, Inc.,
a Panamanian corporation, whose sole
stockholder (bearer stock) is Carlos
Lindenfeld.
4
c/o Xavier L. Suarez, Esq.
Shutts & Bowen
201 South Biscayne Boulevard
1500 Miami Center
Miami, FL 33131
4. Ciprox, Inc., a Florida corporation -
Whose sole shareholders are Carlos Lindenfeld
and Danya Lindenfeld.
! c/o Xavier L. Suarez, Esq.
Shutts & Bowen
201 South Biscayne Boulevard
1500 Miami Center
Miami, FL 33131
MIAMI 127937.1 - CMA
803
49
M(HIBIT A
Legal Description
All of Lots 0 and Nest halt of Lot 7, less the North 20 feet
thereof, and the South 40 feet of the East half of Lot 7,
HICKSON,, S MMDMSION, according to the plat thereof, recorded
in Plat Book "n", Page 130, of the Public Records of Dade'
` County, Florida.
0
Lots 5, 6, 7 and 0, Block 1; Lots 1, 2, 3, 4; 5 and 6, Block 4;
and Lot 1, Block 5, HILAH PARK, according to the Plat thereof,
recorded in Plat Book 9, Page 72, of the Public Records of Dada
County, Florida.
0
That portion of S.N. 9th Street and S.N. loth Street, lying
between the East Right -of -Nay boundary of S.N. 31st Avenue
(formerly known as S.W. 29th Avenue) and the West boundary of
Lot 0, HICKSON'S SUBDIVISION, according to the plat thereof
recorded in Plat Book "B", at Page 130, of the Public Records
of -Dada County, Florida.
93- 803 49,
!shOtt "C"
Adjoininq Property
j TAgal Desoriptiont
The North 2io, test of the Mast 1/2 of Tract 7 less the North =0
feet thereof for road R.O.N. "Miokson tlubdivisioe" Pf. "B" P.
130 Public Moaords of Dade COMty/
j TOGS xis
Tract "U" of "MA-pler Motors modivision" according to the
plat oeeoof as of Dae recorded in Plat $eck iZ at Page it of the
Publi
Florida (also known as Lots b
an I d 6 of "aickson"s lubdLvisianO aoaordir to tee Plat thereof
as recorded in Plat Book "B" at Page i�0 less the Mouth 646.78
toot thereof and less the Borth 20*00 loot thereof, Dade
County, plorida).
I
�n
93- 803
EXHIBIT "D"
PACE MEMBERSHIP WAREHOUSE, INC. ("Pace") sells merchandise
such as, but not limited to, electronAcs, toys, stationary and
office products, clothing��.•health � and beauty supplies,
housewares, appliances and -'food products. Pace is not
exclusively retail in nature. Rather, Pace also acts as a
wholesaler with approximatel'Q3 fc (��QQ ( $) percent of Pace's
sales to retailers for resale. Urili� discounters such as
K-Mart and Target, whose gross profit margin is approximately
twenty (20%) percent, Pace's gross margin is between eight and
ten (8-10%) percent, thus appealing to a wider base of
consumers and providing certain people with the ability to
purchase merchandise that they might not otherwise be able to
afford.
Pace anticipates employing a minimum of one hundred
thirty-five (135) employees. Ninety to ninety-five (90-95%)
percent of those employees will be local residents. Of the 135
people hired to work at the Pace location, Pace will pay in
compensation and benefits approximately $1.3 million per year.
A good portion of the income of those employees hired will be
spent on local products in local stores. In addition to the
$1.3 million per -year in employee compensation and benefits,
Pace will spend approximately $325,000 in local non -payroll
operating expenses. Additionally, over $9 million will be used
for purchasing local merchandise to be resold at the Pace
location.
Pace sells a large assortment of merchandise and other
products. Included in its sales, is the sale of liquor for
consumption off premises. Before selecting the Miami location,
Pace spent a great deal of time and money researching and
investigating the demographics of the location, its
marketability and the feasability of locating a Pace membership
warehouse store at the proposed Southwest 8th Street location
("Pace Location"). A portion of the research and investigation
was directed towards zoning. During its investigation, Pace
learned that retail sales of a variety of products, including
the sale of alcohol is permitted under current zoning
regulations. Pace entered into a lease for the Pace Location
and commenced site planning, preparation and development.
During the course of its site preparation, Pace spoke to a
representative from the City of Miami Planning, Building and
Zoning Department. Based on information provided to Pace, Pace
refrained from submitting a survey until after another
applicant submitted a survey for a location within 500 feet of
the Pace Location. After months of planning, preparation and
expenditures, Pace may be unable to locate liquor sales at the
Miami location.
1
F/3776LM/2 9 3- 803 51
Pace is very committed to serving the City of Miami and the
surrounding community by providing quality merchandise and
products including liquor for less. The Pace Location is an
active member of three chambers of commerce in South Florida,
the Greater Miami Chamber at—Com3pexpe, Coral Gables Chamber of
Commerce, and Camera ,cJT,,C9mercio de la Pequena Havana. The
Pace organization also per'ticipates in contributions to various
charities such as the Camillus House and Liga Cubano Contra el
Cancer. The Pace Loca�on i� id riffin to throughout the year
canned goods and various o uc s o those charities and
others. For the Liga Cubano Contra el Cancer, Pace will locate
canisters throughout the warehouse. The local sales
representatives will actively promote the charities
fundraisers. Furthermore, the Pace staff will participate in
local telethons and radiothons. Finally, Pace has chosen to
support two juvenile sports teams by providing equipment,
uniforms, and food donations.
The applicant is seeking an exception to the distance
requirements provided in Section 4-10 of the Charter and Code
of the City of Miami ("Code") requiring that no Certificate of
Use and/or Occupancy be issued to any applicant for the sale of
liquor off premises in the central commercial district if the
proposed place of' business of such applicant is situated less
than 500 feet from a place of business with a prior alcoholic
beverage license; and further, that no Certificate of Use
and/or Occupancy be issued to any applicant for'sale of liquor
off the premises in a district designated as a combination
residential and commercial district, if the place of business
of the applicant is situated less than 1,500 feet from a place
of business with a prior alcoholic beverage license.
The restrictions as to distance between package liquor
stores for consumption off premises only may be modified by the
Zoning Board by special exception review pursuant to Section
4-14(g) of the Code. The Zoning Board will review and base its
findings on the following criteria:
(i) whether there is ample off street parking on the
same site as is the subject establishment or
whether there is adequate off street parking off
the site or whether there is adequate parking in
combination.
whether there are residentially zoned areas
within 375 foot radius of the subject site and
how the subject site is screened in terms of
noise, odor and light from these residential
areas.
how, and to what extent, advertising signs on the
establishment have been satisfactorily minimized
in size and reduced in lighting intensity.
2
�*� F/3778LM/2 ✓ 3 - 803
(iv) how and to what extent the proposed establishment
meets the standards in Section 1305, Zoning
ordinance 96.• 11000, which are not otherwise
requirediE•'W'•be considered above. If applicant
meets the above referenced criteria, the Zoning
Board shall. grant the special exception.
,AUG -9 Pi 1 :23
Under the present circumstances, and as the site plan
reflects, there is more than adequate off street parking on
site. The portion of the Pace Membership Warehouse Store
selling liquor off premises is more than 375 feet from the door
of any residence. Furthermore, the only advertising sign
identified on the premises related to the sale of alcohol is
merely for purposes of identifying the specific location of the
portion of the store open to the sale of alcohol and is
minimized in size. The signage is located over the door and is
approximately 10 inches high and 4 feet wide. Finally, Section
1305 of the Miami Zoning Code addresses the following areas:
(i) Ingress and egress - The ingress and egress to
the structure is consistent with all City and
South Florida Building Code requirements.
off Street Parking and Loading - As identified on
the site plan, off street parking and loading
facilities are adequate and consistent with
pedestrian safety and convenience, internal
traffic flow and control, arrangement of access
in case of fire or other emergency and is
adequately landscaped.
Refuse and Service Areas - As identified on the
site plan, the refuse and service areas are
separate from and screened off to remove the
refuse areas from the view of the public. Pace
has arranged for frequent collection and
deliveries, and shipments and other activities
are located away from pedestrian and traffic
flow. The refuse and delivery areas are walled
to prevent public access.
(iv) Signs and Lighting - Proposed lighting for signs
on the premises is compatible and in harmony with
adjoining and neighboring property.
(v) Utilities - The use of the portion of the store
for the sale of alcohol shall have no effect on
utility availability and capacity nor will it
have any other adverse effects on adjoining or
nearby property.
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93- 803
F/3778LN/2 53
(vi) Drainage - The location of the portion of the
store open for the sale of alcohol shall have no
effect on drainage.
Pace meets all of the �r�cl tic}ns and criteria for approval of
the special exception pursuant to Section 4-14(g) of the City
of Miami Code of Ordinances. Accordingly, we respectfully
request approval of this 5$pl46p4op1lfOr Special Exception.
JL
y�
F/3T79LN/2
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4
93- 803