HomeMy WebLinkAboutR-88-0463f*1 C
J=88z 361
4/11/88
RESOLUTION NO. 1414
A RESOLUTION AUTHORIZING THE PLANNING
DEPARTMENT TO PROCESS CLASS C SPECIAL PERMIT
NO. 88-910, RELATING TO A MIXED -USE PROJECT
FOR AN AREA BOUNDED BY APPROXIMATELY
' 3151-3199 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA, 2660 LINCOLN AVENUE, MIAMI, FLORIDA
AND 2699 TIGERTAIL AVENUE, AFTER REQUIRED
REVIEW BY THE CITY COMMISSION OF LANDSCAPE
PLANS.
i
i
S
WHEREAS, Section 15127.1 of Ordinance No. 9500, the Zoning
Ordinance of the City of Miami, requires a Class C Special Permit
before a building permit may be issued within the boundaries of
the SPI-13 Zoning district; and
WHEREAS, the subject property is located within the SPI-13
Southwest 27th Avenue Gateway Zoning district; and
WHEREAS, said Section 15127.1 also requires a review by the
City Commission of the landscaping plans in conjunction with the
! issuance of a Class C Special Permit in the SPI-13 district;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Commission, after having reviewed
the landscape plans for the subject project and approving same,
hereby authorize the Planning Department, through its director,
to process Class C Special Permit No. 88-910 for a mixed -use
project to be located in an area bounded by approximately 3151-
3199 Southwest 27th Avenue, Miami, Florida; 2660 Lincoln Avenue,
Miami, Florida, and 2699 Tigertail Avenue, Miami, Florida; more
particularly described as Lots 1 thru 6, Block F, AMENDED PLAT OF
NEW BISCAYNE, as recorded in Plat Book B at Page 16 of the Public
Records of Dade County, Florida.
CITY COMMISSION
MEETING OF
MAY 12 1988
)N No. SB-4f 3
i
PAMb AND ADOPTED thig 12th day of May _ _ __- � 1988,
XAVIER L. SUARE i MAYOR r.
ATTEST:
MATT RAI
CITY CLERK
PREPARED AND APPROVED BYz
Ld
rA
OSL E. MAXWELL
,O$ISTANT CITY ATTORNEY
APPROVE$ TO FORM
AND COR TNESS:
CITY ATTORNEY
JEM/db/M635
CHARLES C. PAPY. JR.
SM[RIOAN K.WEIffENBORN
CNARLES C. PAPY. III
RICHARD M MALOY
STEPHEN A PAPY
SRUCEJ GOLDMAN
ROBERT C.BLUNT
DANA G TOOLE
KEVIN A. MCLEAN
NATMAN O CLARK
LINDA S COOK
ROBERT J. 040V ITZ
CARLOS OIAZ-PAORON
WILLIAM R HANLEY
CLYDE W GALLOWAY. JR.
ONO
410
PAPY, WEISSENBORN & PAPY
MOt' A PARrN[R.MIPI
ATTORNEYS AT LAW
MIAMI OFFICE:
201 ALHAMBRA CIRCLE. SUITE $02
CORAL GABLES. FLORIDA 33134
(3051 446.5100
BROWARD 13031 760.4011
FLORIDA TOLL FREE 1-800.454.7660
OUTSIDE OF FLORIDA TOLL FREE 1•000-694•9923
TELEFACSIMILE(30S)44S•6703
Ms. Gloria Fox
Hearings Section
City of Miami Planning
& Zoning Boards
275 NW 2nd Street
Miami, FL 33131
MAILING ADDRESS:
P 0. BOX 141939
CORAL GABLES. FL 33114-I939
PLEASE REPLY TO MIAMI
January 28, 1988
•' 1
TAMPA OFFICE:
1URBAN CENTRE
4630 WEST KENNEDY BLVO.
SUITE 335
TAMPA. FLORIDA 33609
16131 679.5400
TALLAHASSEE OFFICE:
242 OFFICE PLAZA
TALLAHASSEE. FLORIDA 32301
19041 877.6100
RE: Application for Class C Permit #C-88-878
for Lots 1'thru 6 Amended plat of New Biscayne
Dear Ms. Fox:
This letter will serve as a confirmation of discussions held
between yourself and Peter Weiner of this office regarding our
request for a Class C permit for the above referenced property
and consideration of said permit and site plans by the City of
Miami Commission on its agenda of February 25, 1988.
As you are aware, the above referenced property was rezoned by
the City Commission of December 101 1987 pursuant to Ordinance
Nos. 10361 and 10362. Under the SPI-13 Zoning Ordinance, the
Class C permit and the site plans and landscaping plans for the
project must be presented to the City of Miami Commission for
approval. We have met with Guillermo Olmedillo, Joe McManus and
Teresa Fernandez of the City of Miami Planning Department in
order to facilitate the process. We have also met with Rafael
Rodriquez and Robin Vickers of the City of Miami Zoning
Department regarding the Class C permit. It is my understanding
that once the Class C permit is filed with -the appropriate
application fee and the Planning Department has had an
opportunity to review the site plans, the item then can be put on
the February 251 1988 City Commission agenda. You have indicated
that the legal notice and the agenda are prepared by Friday,
I
Ms. Gloria Fox
Page 2
January 28P 1988
January 29, 1988 and that this item would be included in the
agenda once the Class C permit is filed and an indication from
the Planning Department that it has reviewed the site plans.
It is essential to my client that the item be considered as soon
as possible in order to facilitate development of the site. We
respectfully request that the item be included on the February
25th agenda andwould appreciate it if you would advise us as to
the status of the agenda.
I am also including the ownership list within the 375 foot radius
for preparation of labels for the necessary 10-day legal notice.
In addition, the applicant would be willing to proffer a covenant
to maintain the, wall on the eastern part of the property as
required by the City. We are also willing to accept the closure
of Lincoln Avenue and to develop an appropriate redesign of the
ingress and egress to the parking lot in accordance with the
design standards to facilitate the closure of Lincoln Avenue if
the City so decides to move forward on said project.
If you have any questions regarding the above, please do not
hesitate to call.
ul yours.
' r
CMS
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SS C. PA r t
CCP►III/cln
,38-463 C;
PAPY, WrIU SENBORN & PAPY • P O BOA 1.11919 0 CORAL GABLES FL 33114-1939 • -3051 446.51OO
.. ORAN CENTRE • 4610 WEST-ENNEDY BLVD a SUITE 335 • TAMP. FLORIDA 31609 . 19131 075.5400
:42 OFFICE PLAZA 0 TALLAMASSF.E FLORIDA 3Z3O1 i •90461 B" $1OO
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Leonardo Alvarez
a associates. inc
LANDSCAPE ARCHITECTS
4950 S. W. 71nd Avenu•
Suit* 104
Miami. Florida 33155
305 667-3534
DINERAMAI S '
®UD'S RESTAURANT
COCONUT GROVE
MIAMI , FLA .' t
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SITE -PLANTING PLAN
a ELEVATION
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APPLICATION FOR CLASS C SPECIAL PERMIT
11
File Number C-88-�Q
It is intended that Class C Special Permits be required where specified uses
and or occupancies involve substantial technical issues relating to planning
pol icy.
Any project requiring a Class C Special Permit must first be reviewed by the
Building and Zoning Department (2nd Floor) to insure that each project conforms
to all zoning requirements. Therefore, this form must be signed by the Chief
Zoning Inspector before the project will be considered by the Director of the
Planning Department
'This project has been reviewed by the Building and Zoning Department and has
been found to be i n conformance wi th .a.l 1 zoni ng requirements."
t oni.ng inspector late
The director of the Department of Planning shall be solely responsible for
consideration of applications for Class C Special Permits.
The director shall make such referrals to other ofMers or departments as are
required by regulations to the particular special permit and may make other
referrals deemed necessary by him before arriving at his decison. (Section
23 1.3)
I, (�)- Lreby apply to the director of
the epar n of 15-ranning-Tor—approval ot a Class C Special Permit under the
provisions of Articles 23 and 25 of the itygof Miami Zoning Ordinance.
VAddress of PropertyS/?2, !i(�,9-7Z5 amotn�
Nature of Proposed Use (Be specific)
lr%rt'-�3.
I a ach the following in support or explanation of this application:
a) Survey of the property prepared by State of Florida Registered Land
/ Surveyor.
V b)
Three copies of: site plan showing (as required) property boundaries and
proposed structure(s), parking, landscaping, screening, etc; building
elevations (if required), with dimensions and computation of lot area
(gross and net), building spacing height envelope, LUI ratios (open space,
floor area, parking, etc.) See Section 2301.2.1(c).
Other (Specs fy) SIS% -,/A), p�,-7 Z '
A • . A
Wraawf
VAR!
518-46 3;
ftj
6q675 x , o/S' / o ¢6',13
74 IF, a Bags
g6 a s. ffro
d) Fee of S o��s, ,.s based on the fo11 owi ng:
**PERMIT•FEES ARE NON-REFUNDABLE**
RS-1.1: $70.00
RG-2.1,2.292.39RO-2.1:
SPI-192939495969799910911912914,
14.1,14.2,15,16,16.1.16.2,17: $0.02 per sq.ft. of net lot
area, minimum $200.00
PD-H,HC,MU 50.01 per sq.ft. of net lot
area, minimum $500.00
All other applications as required by the
text or Schedule of District Regulations
_ v
Name
City, State,
Date
p
5.00
Signature —
owner or AUznori So, Agent
Address o:201
v
17(
Phone
*FOR OFFICE USE*
Approved Disapproved
ergio Rodriguez* Director
Approved With Conditions Planning Department
ate
-is decision may be appealed
e toning oar y any aggrieved person, with
fifteen (15) days of the date of the
decision (immediately above) by filing a
written
appeal and
appropriate fee with the Hearing Boards Division, Building and
Zoning
Department,
275 N.W. 2nd Street, Miami,
FL 33128 (Ordinance 9500: Sec. 255i).
In case of
an appeal, the owner agrees
to full disclosure of ownership.
� �-46 3
Signature
ner
- �iy
n i .,ner xt c-
►, ► -, , ,.� ---� , I n i�
1 .
IIHM co *tzu ly'23 COLODNY, FASS, & THLENFELD. P.A.
AFFIDAVIT
STATE OF MUM
SS.
COUNTY OF WADE )
Before me, the undersigned authority, this day personally
appeared CHARLES L . PAPY , III 00.�j who being by me first duly sworn,
upon oath, deposes anti says:
1. That he is the cwner, or the legal representative of the
owner, submitting the accarpnying application for a public hearing as
required by Ordinance No. 9500 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 par„ thereof.
2. That all owners which he represents, if any, have given their
full and complete perndssion for him to act in their behalf for the charge
or modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current name, maildsg addresses, phone numbers and
legal descriptions for the real property which he is the owner or legal
representative.
4. The facts -as represented in the application and deco—n n :s
submitted in conjunction with this affidavit are true and correct.
Auther Affiant sayeth not.
Sworn to and Subscribed before me
f .
this day of �?'LY9 J -
Notary Public, State of F1ori a at Laze
My Cammission Expires:
. (Namel CUOMrES C. PAPY, III
.8-46 3
L
:...........:......:........................---..---:. ....T p.A................... P.3�=
ALEWELDI
MAR 24 'e6 FA55.
OWNER'S LIST °
Owner's game GAMBANA ENTERPRISES, INC. :4-v-
C/o Castro Ramirez T Netscn
Mailing Address Inn, c�ayslgure Drive - Miami, Florida
Telephone Number 1 30 51 3 r 2- Z 80 0
Legal Description: New Biscayne, ,
Lots 49 5, b, Block F, Amended Plat of
Plat Book B at Page 16.
Owner's Name Walter A. Mobley
Mailing Address 3300 Rice Street - 46 Coconut Grog: T � Telephone Number (30 5 ) 44 Z - 9 80 7
Legal Description: lock F, Amended Plat of New Biscayne,
Lot Z , Plat Book B at Page 16.
Owner's Name Frances M. Stein
Mailing Address 13OU Rice Street $6 - Miami,
FL 33133
Telephone Number
Legal Description:
Lot 3, Block F, Amended Plat of New Biscayne, Plat Book
at Page 16.
Any other real estate property owned individuallys jointly, or severally
(by corporation, partnership or privately) within 31S' of the subject
site is listed as follows:
Street Address Legal Description
MOBLEY: tots 5 and 6 Less E15'
3156-58 S.W. 27th Avenue
pn 1/5 + PB 3/16
Street Address
MOBLEY :
3161-63 Center Street
Street Address
Legal Description
t.ot 10 less W 5'
Legal De5Cr10tiln
�18-463 7
71�4 24 ' 28 1 S t c3 COLODNY. FP3S, P. TNLFI4'ELD. P.A.
.
AFFIDAVIT
STATE OF FUMM)
SS.
COUNTY CF DADE )
Before me, the undersigned authority, this day perscnaLy,
appeared CHARLES C. PAPY, III who being by ire first duly sworn,
upon oath, deposes and says:
1. That he is the -vwner, or the legal represerzative of the
owner, submitting the accarpwnying application for a public hearrg as
required by Ordinance No. 9500 of the Code of the City of Muni. Florida,
affecting the real property located in the City of Miami as described and
listed on the pages attached to this affidavit and made a part thereof.
2. That all owners which he represents, if any, have given their
full and complete pezTdssion for him to act in their behalf for the charge
or modification of a classification or regulation of Zoning as set out ift
the accompanying petition.
3. .That the pages attached hereto and made a pert of this
M
arr=vit contain the current naves, mailing addresses, phone numbers arA
legal descriptions for the real property_ which he is the owner or legal
representative.
4. The facts -as represented in the application and dcctr mr.3
submitted in conjunction with this affidavit are -true and correct.
Fwther Affiant sayeth not.
Sworn to and Subscribed before me
this Jc.S' day of �*tee Lag
L• • .
Notary Public, State of Flozida at Large
My C=:mssion Expires:
►, III
f•3$-463
...:.................... " __..::..:...—.......s...............................................
............................... P.3�5
MAR 24 'es 18s23 C1 Y► FASSP & TA�ENFELD► P.A.i
OWNER'S LIST
Owner's Name DAVID WELSH
Mailing Address 1410 Prairie avenue, Miami Beach, FL 33140
Telephone Number
Legal Ueseription: Lot 1, Block F, amended Plat oz •New Biscayne,
Plat Book B at Page 16
Owner's Name SIEVE SIEGEL, Trustee
Mailing Address 4441 Collins avenue, `+.iami Beac' , FL 73141
Telephone Number (305) 538- i800
Legal Description:
Lots 6, Block.,F, amended Plat of New Biscayne,
Plat Book B at Page 16.
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 37S' of the subject
site is listed as follows:
Street Address Legal Description
Street Address Legal Oescription
Street Address Legal Oescription
98-46,3
I
MAR 24 188 18 s 24 COLODNY ► F"Hm5►
0I9=6URE OF CMERSHIF
1. Legal description w1i street address of subject real propertyi
Lots 1-6, Block F, Amended Plat of New Biscayne,
According to the Plat thereof, recorded in Plat Book B, Page 15 of
the Public Records of Dade County, Florida
2. Owner(s) of subject real property 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 presentationp request or petition to the City Commission.
Accordingly, question 42 requires disclosure of all shareholders of
corporations, beneficiaries of trustso and/or any other interested parties,
together with their addresses and proportionate interest.
See Exhibit "A' attached hereto
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.
Walter A. Alobley:
1) Lots 5 & 6 less Easterly 15' St
PB 3/5 + PB 3/16
3156-58,60 S.W. 27th Avenue
2) Lot 10 less West 5'
PB 3/5 + PB 3/16
3161-63 Center St.
6TATE OF FLORMh ) 65 =
COUM'Y OF DADS )
CHARLES C. PAPY, III , being duly sworn, deposes and
says at he s e Gwner) Attorney for owner) of the real property
described in answer to question 41, abodes that he has read the foregoing
answers and that the sane are true and cm9letet and (if acting as attorney
for owner) that he has authority to execute s * sure of Ownership
form on behalf of the owner.
SW M ZO AND SUU4PI30
before ,L@e this
Clay of
MY COMF,MSSICU EYPIRES a
-r (SEAL)
ES C. PAPY, III
Cary ic, .. to .e of r
Florida at Large ✓
98-463 O
t tAR 24 ' dd 18:25 COLUDW, PASS' & tALEWELD,
i
STATE OF FLCR= ) SSa
CCIM OF DADE )
CHARLES C. PAPY , III , being duly sworn• deposes and
$ays aM na is the y appointed :-� r , r i ,p of NIghkey, Stein
the owner of the real property described in answer to question s , above=
that he has read the foregoing answers; that the same are true and com-
platei and that he has the authority to execute this Disclosure of Owner-
ship fo= on behalf of the owner. n
SWM TO AMID 5025MIM
before me this
day of
Mary Pub 1c, state of
Florida at Large
M CC MKMIC N UPIMS t
*i tr.�.''i...: �) dip ••.L� 1�.:..♦
(SEAL)
GiC7/ wpe/ab/O25
98--463 q
.. 1
EXHIBIT A
awi : • •O'S KeM41 CM-0 ***aft'V 0110
The six lots which are the subject of this amendment are
presently zoned PD—MU/6. The property was rezoned to that
classification in June 1985, and the rezoning was tied to a site
plan for a multi -use residential/retail/office complex which did
not move forward.
On July 23, 1987, the City Commission approved Ordinance No.
10308 amending Ordinance No. 9500, the Zoning Ordinance, by
adding a new special public interest district. SPI-13► Southwest
27th Avenue Gateway District. Said ordinance-zr"te*5 ;, c.rw
classification for S.W. 27th Avenue from Tigertail Avenue to S.W.
28th Terrace.
The subject property was not included in the amendment and
remained zoned PD-D1U/6. The PD-MU/6 classification is the only
one of said use remaining in the city and is ineffective for any
future development of the subject property except as described in
the site plan presented by the owners/developer in 1985. Said
plan is no longer viable# and the present zoning prevents any
reasonable development of the property. The present owners of
the subject property are limited to such a degree in the possible
uses of the property under the present zoning as to negate any
future improvement of the property unless it is rezoned.
The subject property,.under the PD-MU/6 zoning, will remain
an eyesore and blight to the neighborhood and is not in conform-
ity with the recently enacted SPI-13 S.W. 27th Avenue Gateway`
District. The property is, and should be, considered a part of
said district.
Based on the existing classification, the property cannot be
fully utilized and developed and remains in disharmony with the
SPI-13 District to the west and north. In addition► the aban-
doned gas station located on lot 1 has created a condition which
detracts from the City Commission's desire to develop S.W. 27th
Avenue in a harmonious and controlled manner.
Therefore, the present zoning designation is inappropriate
as it is more appropriate to give the owners of the property the
option to develop said property in a more compatible manner with
the recently approved SPI-13 on the rest of S.W. 27th Avenue.
Given the present zoning and the reclassification of the
S.W. 27th Avenue Gateway as described abover the proposed change
in the zoning to SPI-13 would allow more creative planning and
building in harmony with the neighborhood and the City's plans
6
for the gateway to Coconut Grove. It also would permit a greater
flexibility in the uses of the subject property which would fit
within the plans for future development of the area envisioned by
the City.
Because of the changed circumstances in the Coconut Grove
area as embodied in the SPI-13 Zoning Amendment and the present
inability under the current zoning classification to make use of
the subject propertyr the requested zoning change is in the
public intereste represents a down -zoning and less intense use of
the subject property which is in harmony with the neighborhood,
and approval of the request would be beneficial to the City and
would be in harmony with the stated intent and purposes of the
recent SPI-13 Amendment and the Zoning Ordinance.
PET:0914EXH
98-4fi3 I3
February 17, 1988
CITY OF MIAMI
Hearing Boards Division
Building & Zoning Department
275 N.W. 2nd Street, Rm. 226
Miami. Florida 33128
Re: Class C Permit
3151-3199 S.W. 27th Ave.
(Diner on 27th & Tigertail)
--------------------------------
Dear Sirs:
As neighbors within 375' of the proposed site for the above
referenced, we would like to state for the records that we
are in agreement with the items enumerated by Apogee
Association to you in their two letters regarding the
proposed diner.
We concur with them on their suggestions and recommendations.
Sincerely,
CENTERVIEW TOWNHOUSE ASSOCIATION
3165 Center Street (Units 1, 2 & 3)
Coconut Grove, Florida 33133