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Home My WebLink AboutR-91-0176J-•91-119(a) 2/15/91 RESOLUTION NO. 9 1- 17 6 A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD IN GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 6, SECTION 614, SUBSECTION 614.3.2.1, ENTITLED "PERMITTED PRINCIPAL USES AND STRUCTURES: ... 3. DRIVE - THROUGH FACILITIES FOR RESTAURANTS, CAFES AND TEAROOMS ARE ONLY PERMITTED AFTER APPROVAL OF THE CITY COMMISSION AND ZONING BOARD UTILIZING STANDARDS AND REVIEW PROCEDURES FOR SPECIAL EXCEPTIONS. DRIVE -THROUGH FACILITIES APPROVAL MAY BE GRANTED FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS FROM THE DATE THE CERTIFICATE OF OCCUPANCY IS ISSUED. RENEWAL AFTER FIVE (5) YEARS SHALL USE THE SAME PROCESS ....", TO ALLOW THE RENEWAL OF AN EXISTING DRIVE -THROUGH FACILITY GRANTED BY THE CITY COMMISSION ON JANUARY 23, 1986 BY RESOLUTION NO. 86-39, FOR THE MCDONALD'S RESTAURANT PROPERTY ZONED SD-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL; LOCATED AT 1400 SOUTHWEST 8TH STREET, MIAMI, FLORIDA, ALSO DESCRIBED AS LOTS 9 AND 10 LESS EAST 5' , LOT 141 LESS NORTH 15' AND ALL OF LOTS 17-19, BLOCK 1, AVOCADO PARK AMD, AS RECORDED IN PLAT BOOK 3 AT PAGE 68 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE; THIS SPECIAL EXCEPTION RENEWAL BEING FOR A PERIOD NOT TO EXCEED FIVE YEARS. WHEREAS, the Miami Zoning Board at its meeting of January 7, 1991, Item No. 3, duly adopted Resolution ZB 3-91 by a five to zero (5-0) vote, to grant the Special Exception, with approval by the City Commission, as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 6, Subsection 614.3.2.1, entitled "Permitted Principal Uses and Structures: ... 3. Drive -through facilities for restaurants, cafes and tearooms are only permitted after approval of the City Commission and Zoning Board utilizing standards and review procedures for special exceptions. Drive - through facilities approval may be granted for a period not to exceed five (5) years from the date the certificate of occupancy is issued. Renewal after five (5) years shall use the same process ....", to allow the renewal of an existing drive -through CPPy CQMSISSION NUETItJG OF F E B 28 1991 facility granted by the City Commission on January 23, 1986 by Resolution No. 86--39, for the McDonald's restaurant property; toned SD-14 Latin Quarter Commercial -Residential; located at 1400 Southwest 8th Street, Miami, Florida, also described as Lots 9 and 10 Tess Last 5', Lot 14, less North 15' and all of Lots 17- 19, Block 11 AVOCADO PARK AMD., as recorded in Plat Book 3 at page 68 of the Public Records of Dade County, Florida, as per plans on file; this special exception renewal to be for a period not to exceed five years and subject to City Commission approval; and WHEREAS, the City Commission after careful consideration of this matter finds that the request for the renewal of an existing drive -through facility meets all applicable requirements of Zoning Ordinance No. 11000, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Zoning Board in granting the Special Exception as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 6, Subsection 614.3.2.1, entitled "Permitted Principal Uses and Structures: see 3. Drive -through facilities for restaurants, cafes and tearooms are only permitted after approval of'the City Commission and Zoning Board utilizing standards and review procedures for special exceptions. Drive -through facilities approval may be granted for a period not to exceed five (5) years from the date the certificate of occupancy is issued, Renewal after five (5) years shall use the same process t I No. 86 39, for the McDonald's Restaurant property; zoned SD-14 Latin Quarter Commercial-Residential;located at 1400 Southwest I Sth Street, Miami, Florida, also described as Lots 9 and 10 less East 5', Lot 14, less North 15' and all of Lots 17- 19, Block 1, r AVOCADO PARK AMD. , as recorded in Plat Book 3 at page 68 of the Public Records of Dade County, Florida, as per plans on file; zoned SD-14 Latin Quarter Commercial -Residential; for a period not to exceed five years, is hereby affirmed and the Special e Exception is hereby granted. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of February , 1991. t. XAVIER L. SUARVZ, MAYOR ATT t go MAT HIRAI, CITY CLERK PREPARED AND APPROVED BY: _ s. G. MIRIAN 106ER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND —CORRECTNESS: JOly"A LFE ANDEZ CITTORN GMM/r 99 t A t 5 Y J�_ r .,snax'm r a- 1Y j i existing restaurant facilities; and it is surrounded by cowsercial•residential toning districts. The existing residential uses ,to the l south of the subject property are buffered by a fk masonry wall, which is adequate. Class C-85- _ 252 Special Permit ris granted on O1/25/851' under Zoning Ordinance 9500. it PUBLIC WORKS No comment. a DADE COUNTY -'TRAFFIC AND TRANSPORTATION No objection. „f -'ZONING BOARD" At its meeting of January 7, 1991, the Zoning! Board adopted Resolution ZB 3-91, by "a vote of 4- 5 to 0, recosweendiag approval of the above. j Four PROPONENTS were present at the meeting.` One reply in FAVOR was received by sail. n: _ .. - is ':s G S 3i p s r} n i' rt� yet d lid ��nsii . $ SA .. . • 1t . 6 r• W. us �•.1e11� 3 re. 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APPLICATION FOR A CLASS 0_ SPECIAL PERMIT OR SPECIAL EXCEPTION Fite Nwrber Within the City generally, or within certain somng districts. gain strurtwPes, US44 mWor oc=4xmd s specified in this wdOunce we of a nature requiring sPecioi and intensive review to determine whether or not they shod be permitted in s �d %actions, and if so,'ths special Ltmitatiorrs, car:dttions, and safeguards be applied as reaswud ty neaeasary to promote the 9WW% l Pm'poses of this Zwdng Ordinance, and, in pardaddr, to protect ai#Wning properties and 1, the neighb from avoidable potentially adverse effects. !t is further intended that the eip e and, judgement of the Zoning Board be eser eWeddiinma ng such d in accordance vrith the rules. considerations and ating Psrmtts and Special E=apdon& (see ArticIs4&J. Formal public notice and hearing is not mandatory for Class D SpeciaL Permits, but is mandatary for Special EscePdm& to other respects, these classes of *@Ci& Permits and the same. 0 SWORN TO ANO M la bofoa me that Fi9 of November "t pmoo MY COMMMMON EXPtF M 4 .113 MMM PMIC STATE OF FLORIDA w FAI ItSIGN UP. MAR.26.1994 10=0 TNW CENERAL INS. UND. : .: yr v1 i FQ t Q+$ - Pop 3 of 3 • t �_ 9 1 - 17 ( f 22 !! < f J an= the foilawinq in m m=T or oaoi of -this aapsicaf f" a xI. Two wrier- of the' y prepaeea by a Scat! of Ftorida Ragistereo Land . ' sum"Par. ids Z Four copies -oh site pion showing (as reaoi W oraoern► exntinq anti pe+opoess sitrvescaevi. pancie+g, tandtooainq, scrum** am bWWlnq ate ations Of tup* w with CNmeroiae+s ono ca"weattans of lot area (areas an nas), LUl ratios - so 8ear= tJ06.9 101. �. Afftaarit dt=kW" ownr:nip of prapeetyeovaeed byaid disdanso of - ietu m to," Grano +43 a = arm to �: ' 4. Cwhfied Itst of owners of realms coo within 37Sr radon from the amide -of Power Cam by this oppiieostoti (See Forst 0-83 aft. aMWIL to x L At teals trMs pnotogeaph: tha! show the entire property pond and trapevv+aneeets�. 6. Other (Apmto X�7. t' M of 1664.00 . ba on fallowkw Sp.erat E�ao�aian `M-00 tee• Sa+d�ge eauai to appitaaalo few fraen tag} oc mi abaMs nafilo e�oedt650ao be reftndW if therd ff no appeal =y Cade seaetM eM Agels HILY ROD2I Z, ESQ. NMw ALBERTO R. CARDENAS. FSn_ /gym 201 So. Biscayne Blvd.. Suite 19:-" may. State, rp Miami , FL 33131 Fqw (305) 371-8585 STATE OF FLORIMA) S& COUNTY OF CAGE MILY RODRIGUEZ , ESQ . bei9 duly sworn, Oman atta says mac me is me twwn.ri (oumanzwLagmal or the rem propww domed ahova; thm he hoa raw the foregoing answers and that trie same are true old =naletet and Qi ac:mq as agar for w~) thar he has authority to exseute this G*ica=ian form on b"f of the Qwner. a:=ta_ STATE OF rA) SS. V"r`Y OF DAM ) Before me. the urlaerSIV= autnoriity, ttjjs ray pe_M=Uy. aged Alberto R. Cardenas who be:r4 tvire f dul•r swot-:, upon oath, deposes ar.d says: 1. That he is the Owner, cr the legal representative of the owner, submitting the acca=awling application for a public hearsrg as required by Ora..irance No. 9500 of the Code of the City of Miami, r jorida, effecting the real property located in the City of Miand as described and listed on the pages attached to this affidavit and -Ode a past thereof. 2. That all owners which he represents, 1.1, any, have given their full and complete permission for him to act in thei.- behalf for the change or modification of a classification or regulation of zoning as set out in the accC=;anyirg petition: 3. That the pages attached hereto and made a part of this affidavit captain the ctr."OEnt names, mailing addresses, phone m=ers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts 'as repmented in the application and doers submitted iz conjunction with this affidavit are true and correct. Fvrther Af ia= sayeth not. u (Nare I i WWI LIST ST Owner' s Name MGDONALD' S CORPORATION Mailing Address 1400 S .W. 8 Street, Miami, Florida Telephone Number Legal Description: Lots 9, 101 14, 17, 18 & 19 less N. 15' of Lot 14 & the B. 5' of Lots 9 & 10, Block 1,-Avocado Park And (3-68) - 1400 S.W. 8th Street Owner's Nam.e 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) within 375' of the subject site is listed as follows: Street Address q Leaal Description Street Address z Oi l OF OWNE RMIP 5 1. Legal description and at address of suoject real property: t Lots 9#10/114#17,18 i 19 less p 15' of Lot 14 a S 5' of Lots 9 i 10, Block 1, Avocado Park And (3-68) 1400 SW 8th Street 2.. Cwner(s) of subject real property and percentage of ownership. , Note: City of Miami Ordinance No. 9419 requires disclosure of all parties 3 having a financialinterest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and procorticnate interest. McDonald's CorporatioA)-100% McDonald's is traded on the New York Stock Bzchange. Joan Kroc owns _ 70, No other person owns 5% or more See attached annual report for list of officers. Address for all above: McDonald's Plaza, Oak Brook, Ill 60521 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and (b) located within 375 feet of the subject real property.