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Home My WebLink AboutR-90-0970J-90-1025(a) 11/21/90 RESOLUTION NO. 9 970 A RESOLUTION DENYING THE APPEAL AND 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, ARTICLE 5, SECTION 605, SUBSECTION 605.4.3(1), TO ALLOW THE CONSTRUCTION AND OPERATION OF A DRIVE-IN TELLER FOR A FINANCIAL INSTITUTION (AS YET UNDETERMINED BY APPLICANT) FOR THE PROPERTY LOCATED AT 1401 BRICKELL AVENUE ALSO DESCRIBED AS TRACT A, FORTE PLAZA, AS RECORDED IN PLAT BOOK 96 AT PAGE 210, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AS PER PLANS ON FILE, SUBJECT TO RIGHT TURN ONLY AT THE EXIT OF THE DRIVE -THROUGH LANES, A TRAFFIC CONTROL PERSON AT THE ENTRANCE TO DIRECT TRAFFIC BETWEEN 4:00 P.M. AND 6:00 P.M. AND LANDSCAPE APPROVAL BY THE PLANNING STAFF; ZONED SD-5 BRICKELL AVENUE AREA OFFICE -RESIDENTIAL DISTRICT, SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting of November 5, 1990, Item No. 8, adopted Resolution ZB 101-90 by a six to zero vote (6-0), granting a special exception, as hereinafter set forth; and WHEREAS, the Planning Department has taken an appeal from the decision of the Zoning Board; and 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 affirm the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Board's decision to grant a special exception, from Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, to allow the construction and operation of a drive-in teller for a financial institution (as yet undetermined by applicant) for the property located at 1401 Brickell Avenue also described as Tract A, FORTE PLAZA, as CITY COMMISSION MEETING OF U E C 6 1990 9 0 - 970 USOMIN NL recorded in Plat Rook 96 at Page 210, of the Public Records of Dade County, Florida, as per plans on file, subject to right turn only at the exit of the drive -through lanes, a traffic control person at the entrance to direct traffic between 4:00 p.m. and 6:00 p.m. and landscape approval by the Planning Staff; Zoned SD-5 Brickell Avenue Area Office -Residential District, and subject to a time limitation of twelve months in which a building permit must be obtained, is hereby affirmed and the special exception is hereby granted. PASSED AND ADOPTED this 6th day of December , 1990. XAVIER L SUAREZ, MAYOR ATTES (54;4eo;� MATTYTHIRAI CITY CLERK PREPARED AND APPROVED BY: 1 . MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: J AGE' L. 'rLND AEZ CITY ATTO EY GMM/rcl/M1894 -2- 9 0 - 970 Pz=10 ZONING FACT SHEET LOCATION/LEGAL 1401 Brickell Avenue Tract A FORTE PLAZA (96-210)P.R.O.C. APPLICANT/OWNER Brickell Land Holding Company, Inc. c/o J.P. Morgan Investment 522 Fifth Avenue, loth floor New York, N.Y. 10036 Phone (212) 837-1238 Alan S. Gold, Esq. 1221 Brickell Avenue Miami, FL 33131 Phone 579-0880 — ZONING SO-5 Brickell Avenue area office -residential district. REQUEST _ Special Exception as listed in Ordinance 11000, as amended the Zoning Ordinance of the City of Miami, Article 5 Section 605, Subsection 605.4.3 (1) to allow the construction and operation of a drive-in teller for a financial institution (as yet -undetermined by applicant) on above site, as per plans on file. RECOMMENDATIONS PLANNING DEPARTMENT APPROVAL SUBJECT TO: CITY COMMISSION REVIEW; RIGHT TURN ONLY AT THE EXIT OF THE DRIVE-THR LANES; A TRAFFIC CORTROL PERSON AT THE ENTRANCE ' 1" 1 '►1' 1• 1 1 1 1 . 1 i . 1 1• 90- 970 LOCATION. The Special Exception for a drive - through facility will have no impact on the surrounding neighborhood, provided that the aforementioned conditions are met. ZONING SECTION No current zoning violations on file. PUBLIC WORKS Florida Department of Transportation permit required for construction on Brickell Avenue. DADE COUNTY TRAFFIC AND TRANSPORTATION F.D.O.T. permit for approval is required. ZONING BOARD At its meeting of November 5, 1990, the Zoning Board adopted Resolution ZB 101-90, by a vote of 6-0, granting the above, subject to conditions: APPEAL (1) Grant for 12 months to obtain a Building Permit. (2) Right turn only at the exit of the drive through lanes. (3) A traffic control person at the entrance to direct traffic between 4 and 6 PM. (4) Landscape approval by Planning staff. Six PROPONENTS were present at the meeting. Twenty mail replies AGAINST, and six replies in FAVOR were receiv-eTTy—mail. Memo from the Director of Planning, Building and Zoning Department dated November 7, 1990. 90-- 970 1iA I-3 �8f & M r. 14 is • Z2 i n ►• i• to �► it n -to UP Si. W. f) i i' i • w J r al 84 A. GAR HORf � t St o ,ofi► S 8 r� FO o � -SC�UTHSIDE ELEM.. � ' f A. FOR?ir 1 r.i. SCHOOL 21 22 2! ' M / TM;' h S �RTjE 1/1 • .��oe W 1 SE. 13 ST ..�" ;;°;�:' rat ST 29 to y► ► i t4 ST • • Cp e311 • • e 2 S T �� t to ASUIR irf N .Q 8 r � � ►Its • !� j ►► Is K N Q 'ti:'•'•ai'ti:::::•: ty �e iiago skis S. 14 rER R.10 RN 9 8 • 99to ;;:t r' • l i . _ ' �• r0 f • ,� U8• COSTA BELLA h i Tr A �c� •S a IPZP • J -`lip • � i \ 90- 970 Ll CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Gloria Fox DATE November 7, 1990 FILE Chief, Hearing Boards Office 1 ann i ftg,� Building/ & Zoning Departmen "B'EC' Appeal of Special Exception: \ 1401 Brickell Avenue FROM REFERENCES Sergio �odriguez,�Director Pl ann i n , Building & Zon i nog Department ENCLOSURES. I am hereby appealing the decision of the Zoning Board in granting a Special Exception, with conditions, on November 5, 1990 under Zoning Ordinance 11000. This Special Exception is: Tract A FORTE PLAZA (96-210 P.R.D.0 Special Exception as listed in Ordinance 11000, as amended the Zoning Ordinance of the City of Miami, Article 5 Section 6051, Subsection 605.4.3 (1) to allow the construction and operation of a drive-in teller for a financial institution (as yet undetermined by applicant) on above site, as per plans on file; zoned SD-5 Brickell Avenue area office -residential districts. The basis of the appeal is that: SR/tlf 1. Drive-in tellers at financial institutions are special exceptions, to be referred to the City Commission, in all other zoning districts. This provision was inadvertently omitted from SD-5; therefore the Commission should have the opportunity of establishing its policy. 90-- 970 APPLICATION FOR A CLASS D SPECIAL. PSRMIT OR SPECIAL. EXCEPTION File Number OSE43 Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in ills arairtance are of a natty requiring special and intensive review to determine whether, or not they should be permitted in specific iocadons, and if sd, the special limitations, conditions, and safeguards which should. be applied as reasonably necessary to promote the general purposes of this Zoning Ordinance, mnd, in porsfcutar, . to protect adfoining properties and the neighborhood from avoidable potentially adverse effects. It is further tntended that the expertise and judgement of the Zoning Board be exwvtsed in making such determinations, in accardartan with the rules, considerations and limitations relating to Class D Special. Permits and Special Exceptions. (See ArttctewXJL Formal, pubUc notice and hearing- is not mandatory for Class D Special Permits, b4 is mandatory for Special Exceptions. In other respec= these classes of special permits are the same. The Zoning Board shaft be solely responsible for determinations on applications for Class D Special Permits and Special E=*ptionis. AU applications in these ctanea of special parmitt shalt be referred to the director of the Deportment of Plarnmrng for his �I Ocommerndationns and the director shall make any further ref errais required by then i regulations. it Alan S. Gold hereby oppiy to the Clty of Miami Zoning doors for approvot or, cnecx one: Class 0 Special Permit Speciai Exception for property located at 1401 Brickell Avenue, Miami,' Florida 33131 , Miami. Nature of Proposed Use (Be specific) C.onstxuction of drive -through banking tel 90- 9'70 Form ! 0-83 0 ip I at!ocr the foilowinc in stcaaorr of 1h1s x I . Twe..wrvays- of thr propel premed * by S41ctew c& Fioizaa: Rego land swft"M " x Z Fovr mpie: are site pion snowing (as ressafreat araRersI► oat tel: elating arttt peopas�n str�aessl. 0�� ianas®=rtQr.scrt etc asiidutg eia�i+oes•iif. c�gttirso} with din�icM and coamulatteit lot tot ores igroa ono"neri, LUt mottos (open: mjr. tiaorcim poricfna, c=J9. bWiding ana heignr Wr 3se searS3QS.Z:tc2. _i3. Affidavit dise�g awnetsidu of pro = nr eovereabA► appii�atio:: mid diseiaetse aR . Md msr tcn (Form +43 anal m x _4. Cartifiea list of owners of remsstate withfn 3731 raomm from the- ottkts boue�oaries of pr+opert► aovetmaby thfs ap�tiicatson• lSs� r Dram B-a3 ana.a�to x S. At Iam== 4,.Tha show the entire pre = & p (land and i 6. Other- {SpscdW 7. Fee of 1, 300 . oo , bo an foibming (a) CUM Q $450.00 Spna}Ex=p, M SM.00 (e3• ..unnage eoM to oppiie®is.fee-fr m (a) or*) -$650;tc be rehxma if them u no c=00i (C:ty Cods -ff SiW=Ure VM aW HutnarM= A,"M Neme Alan S. Gold, Esq. Greenberg, Traurig, Hoffman, et al. Addrns 1221 ffiickell Avenue Ctfi►q Sty Florida 33131 Mora (305) 579-0880 STATE OF FLQF UMA COUNTY OF D=E ) Alan S . cold , be*- d* awoen, di- o— a= sans mot re is the vanxim taurremZCQ-GC�e!!iI or the rem propertt► d0ibea d wm trot he harem the ioreacing answers and- that me sauce we MW Old = orta (if a= .� ox agent for owneri that he has authority to execute this appiiccian form on be#sstf of the awnem. 90- 9'70 , �. , M 21 7 �B 1 y. t 44CMI l Alan S. Gold SWORN TO AND sv85C BE0 before this rr day of ACAFM .17 rvct�c,::ate or r:or:an at Larger MY. COMMISSION WIRE_i MY C: 90- 9'70 Farm i 0-83 ri AFT"nAVT'" c� MiA nw � Alan S . Gold who Ce ng - tre = d a.r --war .. up= Cato. deposes are mys: ' L 'Ii3at ha is the rwn,er. cr the 1.egai.:sp eze== a of the owner, =t nm for a plbli= zaar as recui.. ty OrtiNo. 9500 of t!7A code of thla cl ;- cf Mir.. tl.*A real i-- y iecazed the cit7 ci as da=am-..-ed aaa Liste:i ert thm pages a•-,. tc r1his affr.-vit arm wade a Far .herec-f. Z. Mar. -all wn=. he ZZ'ptamT, �.ave gl.Veit -their arid C .tata rers=s�^i fcr him to act a the r -steal :.� w.e of a or as set ctm iim the ac peczt.w.. 3. M= thz pager ar. ichad hereto and wade a pare c£thiz- a=l descrp". ans for -..!:a real 4 which re is the owner ar ! egai 4. The fa,Crs: •as r ispy Pon purp, ad ap�r..::ow..:. srd do Alan S. Gold talz day of ,.a/ - Not� ; Public..c.=4 of :"ter.-ya az :.az= my Ca= NOTFCY P t%! MY COMED 'Mini ^'.i .:... ..._. 9 0 - 970 9 mere s ,� Brickell Land Holding Company , the . C/o J. P. Morgan Investment � 01ing Address 522 Fifth Avenue, loth Floor, New -,York,- N. Y 1'0036 j l eonone Numoer ( 212 ) 8 3 7 -12 3 8 anal oescrl= cn: See Exhibit A. Owner' s Nam Aailirg Address Telepnone humor Lega1 Description: Owner, s Name Mailing Address Teleonone H=er Legal Description: i Any other real estate property owned individually, jointly, or severally --r-(by corporation, partnership or privately) wig-373' of -the suoject " .site is listed as follows: None. Street Address Street Address Street Address Local Descriction Leval Descriation Local Descriation 90 - 9'70 DISCUZUFE GF CA.iimHIp -9 1. Legal description and street address of subject real property: 1401 Brickell Avenue, Pliami, Florida See attached Exhibit A for the legal description. 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties Having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 42 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit B. 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. None. STATE OF FIDR=A ) SS: COUNTY OF DADE ) ALAN S. GOLD, ESQ. Alan S. Gold , being duly sworn, deposes and says that he is the (C-wner) (Attorney for Owner) of the real property described in answer to question #1, abovey that he has read the foregoing answers and that the same are true and completer ( as attorney for owner) that he has authority to exe=te thisyrtlll�)- of Ownershps fo= on behalf of the owner. Sh%W 'tO AND Sor=I= before me day of 1� i W CMINWIM OTIMS s r.6'r PIT' iC £'.-TE CF FlMH ALAN S. GOLD 1Ct SER of Florida at Lange (SEMI 90— 970 __NT EY:SWAMKP%►AVoen CcnneI a-cE-90 ?PM L' �5536t9811f-� _ass'79P1719::: G E,* FM TIow or sec: s* WCATIQt4 PLAN Ap woroo nom!z* or oor AN-L .Cr2 �1 --. '�' °ko -fit'" IEDMflTT "All - 90 - 970 12L i EXHIBIT "BIN DISCLOSURE OF OWNERSHIP Brickell Land Holding Company, Inc. - 100% c/o J.P. Morgan Investment 522 Fifth Avenue loth Floor New York, New York 10036 '; j l:' ;T -2 ? 59 The following are the directors and officers of the Brickell Land Holding Company, Inc.: NAME CLIFFORD E. RICCI TIMOTHY J. HEISE JACK RODITI ERLING ASHEIM DONALD K. WIEST, JR. TI= PRESIDENT VICE PRESIDENT.AND ASSISTANT SECRETARY ASSISTANT SECRETARY AND ASSISTANT TREASURER TREASURER AND ASSISTANT SECRETARY VICE PRESIDENT AND ASSISTANT SECRETARY VICE PRESIDENT AND ASSISTANT SECRETARY VICE PRESIDENT AND ASSISTANT SECRETARY VICE PRESIDENT AND ASSISTANT SECRETARY DIRECTORS OFFICERS NAME TIMOTHY J. HEISE JACK RODITI ANNE M. MANCUSO LENA M. MARRAFIOTI CLIFFORD E. RICCI SHERYL M. CROSLAND ERLING ASHEIH AM S. PFEIFFER B-1 ADDRESS 23 WALL STREET NEW YORK, NY 10015 It It ADDRESS 23 WALL STREET NEW YORK, NY 10015 It t 90- 9'70 4 �& TITLE NAME ADDRESS VICE PRESIDENT AND JOYCE T. STAVIS ASSISTANT SECRETARY -' VICE PRESIDENT AND DANIEL VOLPANO " ASSISTANT SECRETARY �� P(; ` -Z :5 j VICE PRESIDENT AND DONALD K. WIEST, JR. " ASSISTANT SECRETARY VICE PRESIDENT AND JAMES E. ROSASCO " ASSISTANT SECRETARY VICE PRESIDENT AND JAMES C. MC LOUGHLIN " ASSISTANT SECRETARY VICE PRESIDENT AND KARYN KATZ " ASSISTANT SECRETARY VICE PRESIDENT AND WAYNE A. COMER " ASSISTANT SECRETARY VICE PRESIDENT AND JAMES E. FOLEY, III " ASSISTANT SECRETARY VICE PRESIDENT AND JAMES M. WALSH " ASSISTANT SECRETARY VICE PRESIDENT AND RICHARD S. WOJEWODZKI " ASSISTANT SECRETARY VICE PRESIDENT AND DONNA BONAFIDE ASSISTANT SECRETARY VICE PRESIDENT AND HENRY A. RAEMSCH " ASSISTANT SECRETARY VICE PRESIDENT AND EVAN M. GRAF " ASSISTANT SECRETARY VICE PRESIDENT AND WILLIAM N. CINNAMOND, JR. " ASSISTANT SECRETARY VICE PRESIDENT AND JUDITH M. BOWMAN " ASSISTANT SECRETARY The Brickell Land Holding Company, Inc., is owned by: Commingled Pension Trust Fund - 100% (Special Situation Investments - Real Estate) c/o J. P. Morgan Investment 522 Fifth Avenue 10th Floor New York, New York 10036 All participants of the Commingled Pension Trust Fund own less than 5t. There are no officer or directors for the Commingled Pension Trust Fund. B-2 99- 970 /4 Conditions Recommended By the Planning Department A. Drive-in Hankins Facility (1) That this item be transmitted to the City Commission for its review of the drive-in facility. Response: City Commission review and approval is not required under Section 931.2 of the Zoning ordinance since the required number of reservoir spaces are provided. (2) Right turn only at the exit of the drive -through lanes which exit onto Southeast 14th Terrace. Response: Agreed. (3) Provide a traffic control person at the entrance to direct traffic. The entrance is on Southeast 14th Street. Response: Amend to read: "A traffic control person will be provided at peak time (4-6 p.m.), provided that if the applicant finds at a future date the traffic control person is not necessary, the applicant can request the Planning Director to release this condition by providing supporting documentation." (4) Maintain two persons at all times at the tellers. Response: It is not necessary since 18 reservoir spaces are provided. (5) Landscape plan approval by the Planning Department, including a heavy ficus hedge at the easterly property line and the provision that in the event that the existing landscaping row of mature trees are disturbed by construction, they will be replaced by new 14 feet minimum height palm trees or similar trees at the same location. Response: Agreed. (1) Approval per plans on file showing the use of pavers and landscape materials. Response: Agreed. 90-- 970 r� e (2) Approval subject to approval by the Department of Transportation. Responses Agreed. We are in the process of requesting approval from FDOT. (3) The proposed vehicular driveway on Brickell to be used only as a drop-off area. Responses Agreed. The driveway will be used for drop-off and quick deliveries only. (4) A traffic guard at all times at the drop-off location. Response: Amend to read: "A security guard will monitor the lay by at all times." (5) The vehicular driveway to be open only during regular office hours. Response: Agreed. IIn,....a%....."..a 2 90--. 970