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HomeMy WebLinkAboutR-89-0744J-89-663(a) 7/31/89 mwmON No. S9-74 4 A RESOLMON AFFIRMING THE DECISION OF THE ZONING 29 M AND GRANTING THE SPECIAL EXCEPTION AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHED" OF DISTRICT RDGULATIONS, CR-3 COMMERCIAL RESIDENTIAL (M ERAL) AND CR-1 COMMERCIAL RESIDENTIAL (NEIOiD) PAGE 4 OF 6, PRINCIPAL USES AND STRLrTURES, TO PERMIT A DRIVE- THRCXM FACILITY PROVIDING 11 OF 20 RUffRED OFF- STREET STACKING SPACES FOR THE TERRABANK IACATED IN THE MADISON CIRCLE OFFICE BUILDING AT 3191 CORAL WAY (MORE PARTICULARLY DESCRIBED HEREIN); AS PER PLANS ON FILE; ZONED CR-3/7 COMMERCIAL RESIDENTIAL (CORAL), SAID SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND SUBJECT TO CITY COMMISSION REVIEW. WHEREAS, the Miami Zoning Board at its meeting of June 19, 1989, Item 8, following an advertised hearing, adopted Resolution ZB 73-89 by a nine to zero vote (9 - 0), granting the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami., Schedule of District Regulations, CR-3 Commercial Residential (General) and CR-1 Commercial Residential (Neighborhood) Page 4 of 6, Principal Uses and Structures, to permit a drive -through facility providing 11 of 20 required off-street stacking spaces for the Terrabank located in the Madison Circle Office Building at 3191 Coral Way, also described as All of Tract 1, REPLAT OF MADISON SQUARE, as recorded in Plat Book 70, at Page 71, of the Public Records of Dade County, Florida, as per plans on file; zoned CR-3/7 Commercial Residential (General), said special exception having a time limitation of twelve months in which a building permit must be obtained and subject to City Commission review; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the application for a Special Exception does meet the applicable requirements of Zoning Ordinance 9500; NOW, THEREFORE, BE IT RESOLVED BY THE COMSSION OF THE CITY OF MUM, FIMIDA: Section 1. The decision of the Zoning Board in granting the Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, CR-3 Commercial Residential CITY COMMISSION MEETING OF JUL 311989 ESOLUTION No. S9--74-41 7 1�- (G Weral) and cR 1 (;on ercial Residential (Neighbodiood) Page 4 of 6, Principal Uses and Structures, to permit a drive -through facility providing 11 of 20 required off-street stacking spaces for the Terrabank located in the Madison Circle Office Building at 3191 Coral Way, also described as All of Tract 1, REPLA'T' OF MADISON SQUARE, as recorded in Plat Book 70, at Page 71, of the Public Records of Dude County, Florida, as per plans on file, zoned CR 3/7 Commercial Residential (General), is hereby affirmed subject to a time limitation of twelve months within which a building permit must be obtained and subject to City Commission review, and the Special Exception is hereby granted. Section 2. This decision of affirmance is conditioned upon the applicant's full and faithful compliance with the following conditions: (a) This Special Exception will have a twelve- (12) month duration, and the applicant shall obtain any building or other municipal permits required within twelve (12) months from the date hereof. (b) The applicant will promptly seek review frtxm the City Commission of this Special Exception after the passage of twelve (12) months from the date hereof to assure that there has been compliance with the requirements and intention of Zoning Ordinance 9500. (c) During the time the drive -through facility is open, a security guard must be present to direct traffic to and fram the premises. PASSED AND ADOPTED this 31st day of bArly, XAVIER LJ'AREZ, MP" MA= , CITY CLERK PREPARED ARID APPROVED BY: RAFAEL E. SUAREZ-RIVAS- ASSISTANT CITY AMORNEY APPROVED AS TO FORM AMID CORRECTNESS: t L. Z - CITY A7110F�Y RSR/ema/bss/Mll06 -2- `" ' ZONING FACT SHEET 3191 Coral Way LOCATION/LEGAL All of Tract 1 REPEAT OF MADISON SQUARE (70-71) P.R*D.C. 1►PPLICANT/OWNER Forte Properties, Inc. c/o John Forte 1000 West Avenue e aiami Beach FL 33139 Phone 672-3301 ■ ZONING CR- 3/7 Commercial -Residential (General). Special Exception as listed is Ordinance 9500, e REQUEST as amended, the Zoning Ordinance of the Citq of CR-3 Miami, Schedule of District Regulations, Commercial Residential (General) and CR 1 Commercial Residential (Neighborhood), Page 4 of 6, Principal Use and Structures, to permit a drive-in facility providing 11 of 20 required off-street stacking spaces on above site, as par ion with eplans on file, in coajuncrcle Office Buildiagaon located in the Madison C1 above site, as per plans on file. RECOMMENDATIONS alloPLANNING DEPARTMENT DES:. The specials exception )ioto to elevenw (lhle) reduction from Wan Y to permit the offstreet stacking spaces, proposed drive-in facility for a financial institution, is not adequate as additional backup would occur on SW 21st Terrace* Onsite geometticts preclude this solution; there is no room for two stacking lanes to maneuver withinthis the existing building. The grant °f with ' a•,.t may. W Y �. special exception would not of hthisnzgnittg the general intent and purpose ordinance, and would be detrimental to the neighbor This additional backup would j impact safety of motorists and would create .A, situation of traffic congestion as well- as disruption of living conditions is the well r= residential area. established two-fmi a lY � h } J by F•d!+i4 1.w j Ri s! 21 s _ TR "'Pu ..a •0 N .. f0 fi ii Oi •39-N 1.7 Iss µ=II t 10 9 IN •. •O •• M S.W. 19 (V ST •• �0 of ie •. .. •19sj 1� 1 1 4 8 9 IOe ? oli 14 IS 1S s s �� t so Z = vi 2 ♦ S 1! 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M ;".#(spa. ■�- '[� Lll:�ij' Ms TERM, x� i ST 5W , , �r is t r fir. tea s9-74,1 4 APPLICATION FOR A CLASS D SPECIAL PERMIT OR SPECIAL EXCEPTION File Number DSE-83-,�� Within the City generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special. and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of. this Zoning Ordinance, and, In particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgement of the Zoning Board be exercised in making such determinations, in accordance with the rules, considerations and limitations relating to Class D Special Permits and Special Exceptions. (See Article 26.) Formal public notice and hearing is not mandatory for Class D Special Permits, but is mandatory for Special Exceptions. In other respects, these classes of special permits are the same. The Zoning Board shall be solely responsible for determinations on applications for Class D Special Permits and Special Exceptions. All applications in these classes of special permits shall be referred to the director of the Department of Planning for his recommendations and the direc'ior shall make any further referrals required by these regulations. apply to the City of 11 6 % 8 ' • I attach the following in support or explanation of this application: .41. Two surveys of the property prepared by a State of Florida Registered Land Surveyor. ' 2. Four cosies oft site plan showing (as required) property boundaries, existing and proposed structure(s), parking, laming, screening, eta building elevations (if required) with dimensions and computations of lot area (gross and net), LUI ratios (open space, floor area, parking, eta), building spacing and height envelope. See Section 2304.2.1(c). 3. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Form 4-83 and attach to application.). 4. Certified list of owners of realestate within 37S' radlous from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application). 45. At least two photographs that show the entire property Oand and improvements). �.6. Other (Specify) 7. Fee of $ OOO • eO , based on following: - (a) Class D 300.00 (b) Special Exception $SDO.00 5� _ (c) Surcharge equal to applicable fee from (a) or (b) above shot to to .- be refunded if there is no appeal (City Code S T62-6 � Y x "H C � Z `SYC�'xh'sy(�%I�7��^'�"' •4J1� ry � Y t. i .4�`ugt,� J � � 3 � I' � •yJ;. � }y (L�� �p� �1.1ys =s � :f� P t J � f..t.�3 Yi S�.,� �. #T y+� K �� a,4. °�� i f � �.. � ��rt�.ir. i j�i�'.}' �Y l:, V 7 i�•;3 R»i'E��� ,f.v S. ,t rti. •S?" '�'pji''i,3�'.J 5{�v: Y�.�.�.Y t 4 •."F �.S 1�4�y C^'47 i .i * •��� }d.,. r_, wo ... _, AE �,,.� .�u ... .�w�A ... «.,. ,•.e„nk�.. ,ki^x, a ,��' } ��. � .. � ) �/ C s `�� ye' t5 M 1 4 � �6�t� ✓fak � jn. rp � ^h4G1 .U.. t S f yk F i ry t i 1 s P A ArF.I031TI`i More me, the undersized authority, this day persor&Uy appeared J dki N FORS who being by me first duly swam oath, deposes and says: 1. That he is the owns, or the legal represemative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9600 of the Code of the City of Miami, Florida. effecting 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 Rill 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 accaManying 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 which he is the owner or legal repzesentatire. k. 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 / K day of l/ t Notary Public, State of Florida at Large My CaRnission Expires: IOTARY PUBLIC STATE Of FLCAIDA ley ""aNNISSWR Ell;. ,29E i..:�92 !ONDED Y::GG OWNER'S LIST Mailing Address 1 !0Od WE.c'T' AT M IAML_ a-EkH Telephone Number 44 7.7- :0.401 Legal Description: — ADDPZST — 3191 CORYA lam' i.22136" i� All CF-MAC-r. 1 of RERAT OF MAO130 s VA 1 !�j 1N p�AT emK I NdWS1UE nW01soN 5�t?ARE, Aa oR01 6s 0 1+E 1°LA C60�%%USAID P,A�E V��HER WCiN ,l to WoT A �UNNIN6 EAST�� I QJ �TBptvit:t b'(�Ot:A N SE 1J aF Ste. 9 T01WNrKP 5`7� oF� t r PJDA 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 N ©N Legal Description Street"'* -Address Street Address Legal Description �allescription r . OF CWNEMrP t_ 1. UK description and street address of subject real property: 314 I 'C`o"R1,t, 0- A4OLsN -S MM • aeING A RET dF LOT 1• 22 WIN* ,,...-acFF_ FC�A11114 MAT 90K DERR �'e'{ 1�O A N �d� IN °�'Vi 1 K4 7vt�T� FA 7 $ OF,�HE UC � r(s of" subjeOw ctreal prwtt operty and • percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties aving a financial interest, 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 t000rtionate inter st. F;o tvn "a RT19!s PAC C 100 7# �.► �' .1 o HfN Fo R.'M— 140le sH AR•EHo LDE t000 WEST A1JE. MIhM1 BEDO I-LaxioA 33139 JONN Fdiz-vF-1 PRES. JAMES *AW& 1-M MAMA R c!_S`TrZPt�b, SECREr,41K9. (.;SAME. ADDRESS' 3. Leyid description and street address, of any rv:ai property ! ,) owned by any party listed in answer to question w 2, arw (b) 1ocated w Ltb in 375 feet of the subject real property. \1�aNE STATE OF MRIDA ) SS: COLW= OF DADE ) DON o T APPLY .TON '�o �2 7 being duly sworn, deposes and says tnat ne Ls the (Crwner) (Attorney foi Owner) of the real property described in answer to question #lt above= that he has read the foregoing answers and that the same are true and c=pletes and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SWOM M AND Sa o before no - day of —1.99 �. MY CO MISSIM EMIRM (SEAL) �� .��ui. . �i.�a 9.... f 44 I�iCtar. P ic, State or Florida at Large10 NOTARY PUBLIC STATE Of VtC210S MY CONNISSION EXP. ;„NE 4.!292 9OMOEO THRU SEMERAI "10 1:1 z -: -- -__ i...�r.��.r.;:___.w..�..-.:a._..:.c_......1-..r::'.. .�...:...i .�:.,.. ;�:`...,�......t_.:a.,,d.i... ��.ss. ,i.+.:.^i`,�:e.'- �.rt::._:s.s ! �. 1 ,� ` ti