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HomeMy WebLinkAboutM-86-0239M M J-86-235 3/11/86 ORDINANCE NO. ORDINANCE ;MENDING THE ZONING ATLAS OF INANCE NO. 9500, THE ZONING ORDINANCE OF T CITY OF MIAMI, FLORIDA, BY CHANGING THE ZO NG CLASSIFICATION OF APPROXIMATELY 3471 MAI HIGHWAY, MIAMI, FLORIDA (MORE PART CULARLY DESCRIBED HEREIN) FROM RS-1/1 ONE-F MILY DETACHED RESIDENTIAL TO SPI-2 COCON GROVE CENTRAL COMMERCIAL DISTRICT; MAKING FINDINGS; AND BY MAKING ALL THE NECESS CHANGES ON PAGE NO. 46 OF SAID ZONING TLAS MADE A PART OF ORDINANCE NO. 9500 Y REFERENCE AND DESCRIPTION IN ARTICLE 3, ECTI ON 300, THEREOF; CONTAINING A REPEALER PR VISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Zoning Board, at its meeting of December 2, 1985, Item No. 1, following an advertised hearing, adopted Resolution No. ZB 16 -85, by a 5 to 4 vote, RECOMMENDING DENIAL of a change of zoning lassification, as hereinafter set forth; 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 Mi i and its inhabitants to grant this change of zoning classifi tion as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE\COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Zoning Atlas of Ordin)knce No. 9500, the zoning ordinance of the City of Miami, Florida, 's hereby amended by changing the zoning classification of approxi tely 3471 Main Highway, Miami, Florida, also described as UN ATTED and a portion of Tract "A", THE C. W. EMERSON TRACT IN CONUT GROVE (35-61) of the Public Records of Dade County, Flor da, and a portion of Lot 7, MONROE PLAT DB (D-253) of the Public R cords of Dade County, Florida, (complete legal description is a tached hereto as Exhibit "A") from RS-1/1 One Family De ched Residential to SPI-2 Coconut Grove Central Commercial Distric . Section 2. It is hereby found that this zoni g classification change: sy AJOP86-239, - (a) Is in conformity with the adopted Miami Comprehensive Neighborhood Plan; (b) Is not contrary to the established land use pattern; (c) Will not create an isolated district unrelated to adjacent and nearby districts; (d) Is not out of scale with the needs of the neighborhood or the City; (e) Will not materially alter the population density pattern or increase or overtax the load on public facilities such as schools, utilities, streets, etc.; (f) Is necessary due to changed or changing conditions; (g) Will not adversely influence living conditions in the neighborhood; (h) Will not create or excessively increase traffic congestion or otherwise affect public safety; (i) Will not create a drainage problem; (j) Will not seriously reduce light and air to adjacent area; (k) Will not adversely affect property values in the adjacent area; (1) Will not be a deterrent to the improvement or development of adjacent property in accord with ixisting regulations; (m) Will not constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. Section 3. Page No. 46 of the Zoning Atlas, made a part of Ordinance No. 9500 by reference and description in Article 3, Section 300 of said Ordinance, is hereby amended to reflect the changes made necessary by these amendments. Section 4. All ordinances, code sections, all parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 5. Should any part of provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, fi 11 1 11111111 u1 i 86- 23S... this ATTEST: MATTY HIRAI City Clerk PREPARED AND APPROVED BY: )014440X/ 4 4 7 ,(_,/ G. MIRIAM MAER Assistant City Attorney APPROVE L IA A. DOUGHERTY) City Attorney GMM /wpc /pb /P005 ATTACHMENT , 1986. day of , 1986. FORM AND CORRECTNESS: the Game shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this day of PASSED AND ADOPM ON SECOND AND FINAL READING BY TITLE ONLY XAVIER L. SUAREZ, Mayor J -86 -235 3/10/86 taNN EXHIBIT "A" -4- x+� Beginning at the point of intersection of the southerly boundary line of Tract "A" and the U.S. Harbor line of Biscayne Bay as shown on the plat thereof entitled "THE C.W. EMERSON TRACT IN COCONUT GROVE, CITY OF MIAMI, DADE COUNTY, FLA." (35 -61); thence north 34 °59'44" east along said U.S. Harbor line for a distance of 66.75' to a point, thence north 46 °25'53" west along the northerly boundary line of said Tract "A" for a distance of 846.10' to a point; thence south 43 °34'07" west for a distance of 66.0' to a point on the southerly boundary line of said Tract "A ", thence south 46 °25'53" east along the southerly boundary line of said Tract "A" for a distance of approximately 856.05' to the point of beginning and containing 56,170 square feet more or less; and Lot 7, Monroe Plat, as shown on the plat recorded in Deed Book (D -253), lying and being in the southeast quarter of fractional Section 21, Township 54 south, Range 41 east, Dade County, Florida, excepting therefrom the following: beginning at the point in the northeast boundary line of Lot 7, of the subdivision of Lot 1, in Section 21, Township 54 south, Range 41 east, in Dade County, Florida, as shown on the plat recorded in Deed Book (D -253), where said line intersects the center line of the County Road leading from Miami to Cutler; thence south 45° east along said line, which is also the southwest boundary of a Lot formerly owned by Charles Montgomery, 467' to a point 25' beyond the corner between the said Montgomery Lot and the Lot heretofore conveyed by J.W. Frow to Frank H. Kanen and Evelyn M. Kanen, his wife; thence south 45° west 10'; thence north 45° west 467' to the center line of above road; thence north 45° east along said center line 10' to point of beginning. Also except, that part of Lot 7, Monroe Plat as recorded in Deed Book (D -253) , lying northwest of the county road, the said parcel of land being also described as follows: beginning at a pipe set in cement marking the location of the lightwood stake set as marking the o 1III j eww�lil IUIlf!!I!! most northwesterly corner of said Lot 7; thence south 45 east 634', more or less, to the center line of County Road (Dixie Highway) which line is marked by a pipe set in cement 35' from center line of said road; thence northeasterly along the said center line of said County Road 178.87'; thence north 45° west, paralleling the southwesterly line of said Lot 7, 460', more or less, to a pipe set in cement in the south line of Grand Avenue which point is east of the point of beginning; thence west 253', more or less to point of beginning; also except that portion of Lot 7, Monroe Plat, as recorded in Deed Book (D -253), conveyed by Jack R. Gardner, et al., to the City of Miami, a municipal corporation, by Deed dated August 8, 1947, recorded in Deed Book (2913 -237) . S6 - 239,x. A 4_ TO. The Honorable Mayor and Members of the City Commission CITY OP MIAMI, FLORIDA INTEROFFICE MEMORANDUM DATE SusJECT: It is recommended by the Zoning Board that an amendment to the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, from RS -1 /1 One - Family Detached Residential to SPI -2 Coconut Grove Central Commercial District for the property located at 3471 Main Highway be denied. March 17, 1986 PZ -7 PILE: ORDINANCE - RECOMMEND DENIAL CHANGE OF ZONING 3471 MAIN HIGHWAY FROM. Cesar H. Odio REFERENCEM City Manager COMMISSION AGENDA - MARCH 27, 1986 • ENCLOSURES: PLANNING AND ZONING ITEMS The Zoning Board, at its meeting of December 2, 1985, Item 1, following an advertised hearing, adopted Res,Aution ZB 161 -85 by a 5 to 4 vote, recommending denial of an amendment ;:o the Official Zoning Atlas of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, from RS -1 /1 One - Family Detached Residential to SPI -2 Coconut Grove Central Commercial District for the property located at 3471 Main Highway, also described as UNPLATTED and a portion of Tract "A ", THE C. W. EMERSON TRACT IN COCONUT GROVE (35 -61) P.R.D.C. and a portion of Lot 7, MONROE PLAT OB (D -253) P.R.D.C., complete legal description on file with the Planning and Zoning Boards Administration Department. Seven objections received in the mail; thirty -nine opponents present at the meeting. Six proponents present at the meeting. Backup information is included for your review. An.ORDINANCE,to . provide.for the above has been prepared by the City Attorney's Office and submitted for consideration by the City Commission. AEPL :111 cc: Law Department NOTE: Planning Department recommends LOCATION/LEGAL APPLICANT /OWNER RECOMMENDATIONS ZONING FACT SHEET Al Cardenas One Biscayne Tower 2 S. Biscayne Blvd. Miami, FL 33131 HISTORY OF'RECOMENDATION(S) AND ACTION(S) Ittploard.Nieting4/20/82 REQUEST Ill Phone # Approximately 3471 Main Highway UNPLATTED and Portion of Tract "A" THE C.M. EMERSON TRACT IN COCONUT GROVE (35 -61) and Portion of Lot 7 of MONROE PLAT OB (0 -253) (Complete legal description on file with the Planning and Zoning Boards Administration Department) Ken Treister 2699 S. Bayshore Drive, Suite 10000 Miami, FL 33133 Phone # 858 -2416 Howard R. Scharlin 1399 SW 1 Avenue, 4th Floor Miami, FL 33131 Phone # 358 -4222 Gerald Katcher 1399 SW 1 Avenue, 4th Floor Miami, FL 33131 Phone # 358 -4333 ZONING RS -1/1 One Family Detached Residential REQUEST Change of Zoning Classification In the Official Zoning Atlas of Zoning Ordinance 9500, as amended, to SP I -2 Coconut Grove Central Commercial District. Change of Zoning from R -18 (Single Family Dwelling) to R -1 (Single Family Dwelling; and Petition for a Planned Area Development (PAD) consisting of eleven (11) detached single family residences and thirty five (35) attached single:: family residences in seven (7) structures. ;SG PEPAGT1! NT Approval of Zoning Change. Denial of petition REQUEST for PAD. ZONING BOARD Deferred. Resolution ZB 58 -82. Zoe Board Meeting 11/1/82 ZONING BOARD Deferred. Resolution ZB 202 -82 and ZB 203 -82. Letter Dated 5/21/84 withdrew application. Heritage Conservation Board 6/19/84 Approval. Resolution HC 84 -22. Planning Advisory Board Meeting 6/20/84 To review the Preliminary Application for Major Use Special Permit and recommend that the applicant be permitted to file a Final Application for,MaJor Use. Special Permit. PLANNING DEPARTMENT Approval PLANNING ADVISORY BOARD Approval. Resolution PAB 59 -84. City Commission 6/28/84 Approval. Resolution 84 -725. Planning Advisory Board Meeting 7/18/84 REQUEST To recommend a Final Application for Major Use Special Permit for the Commodore Bay project, including a deviation from the Waterfront Charter Amendment, permission for tree removal and development within Environmental r :f. _ <,:::_ ;: Preservation District 46 -5, change in sector number from RS -1 /1 to RS -1/4 One-Family Detached Residential and change in zoning classification from RS -1/4 to PD -MU/4 Planned Development-Mixed Use. . :ANNING ADVISORY BOARD. Continued lanning Advisory Board Meeting 9/12/84 1) Major Use Special Permit ,2) Zoning Change to RS.1/4 '3) Zoning 'Change of PO-MU/4 REQUEST City Commission Meetin 9/20/84 a 1) Major Use Special Permit: Continued 2) Zoning Change to RS -1/4 First Reading: Passed 3) Zoning Change to PO -MU /4 First Reading: Passed City Commission Meeting 10/25/84 Continued both the Change of Zonings and the Major Use Special Permit request. City Commission Meeting 11/15/84 Continued same to special meeting on 12/12/84. City Commission Meeting 12/12/84 Denied Planning Advisory Board Meeting 12/19/84 Removed by Administration. Personal Appearance before City Commission 2/14/85 To waive time limits to allow an application for rezoning and Major Use Special Permit to be filed within the 18 month period from the date of the City Commission's last action on this Property. CITY COMMISSION Continued to 2/28/85 Personal Appearance before City Commission 2/28/85 CITY COMMISSION Granted waiver of time limits. Heritage Conservation Board Meeting 5/21/85 REQUEST Preliminary application Approval involving tree PLANNING DEPARTMENT Approval subject to cond Heritage Conservation Board Continued. Heritage Conservation Board Meeting 5/28/85 Denial. Resolution itions. Motion '14-85-214. for a Certificate of removal and relocation. Zoe Board Meeting July IS, 1485 REQUEST A. Change of Zoning (sector number only) from RS -1 /1 to RS -1/4 One-Family Detached Residential. B. Request for a waiver of time limitations between rezonings. C. Change of Zoning from RS -1/4 to PD -MU Planned Development Mixed Use as per plans on file, with modifications. 1. Allow elevation + 63.25' at the penthouse structures (+ 54.0' permitted), and side light planes penetration for 18.0' horizontal and 11.0' vertical along north & south property lines (no light plane penetration allowed). 2. Allow 8.5' side yards along the north & south property lines (10.0 required). 3: Allow external yards varying from 8.5' to 16.0' along the north & south property lines (25.0' required) . 4. Eliminate the external yard (25.0' required) and eliminate the required 10.0' landscaped area along Main Highway. 5. Allow a 16.0' yard adjacent to St. Stephens Church site (20.0' required). 6. Allow the northern and southern apartment buildings to project 5.0' vertically and 8.0' horizontally. 7. Allow a 8.5' landscaped area (10.0' required) along the north and south side property lines. D. Modification from the Waterfront Charter Amendment with reduction of waterfront setback of 16.0' to 46.0' (50.0' required), and reduction of aggregate side yards to 7% or 11.0' for 245' wide lot (25% or 61.25' aggregate side yards required). APPROVAL APPROVAL APPROVAL 1. DENIAL. No exceptions to the Plane III height limits. Variations to the light plane requirements should be denied except to the extent that first and second level structures maintain a 16' setback and third level structures maintain a 40' setback from side property lines. ZONING BOARD • A. Denied B. Denied C. Denied 1. Denied 2. Denied 3. Denied 4. Denied 5. Denied 6. Denied 7. Denied D. Denied Cif►#, Commission Meeting 9/12/85 Letter Dated 9/11/85 withdrew application 2. DENIAL. A 10' landscaped setback should oe provided. 3. DENIAL. Variations should be denied except that a 10' setback for parking structures at grade and 16' setback for first and second level residential/ commercial structures is acceptable. Art pavilions should have a 25' setback. 4. DENIAL. A zero setback variation should oe aenied but a 10' setback for building walls is acceptable. A wooden deck or open porch structure could occupy the 10' setback in lieu of landscaping. 5. DENIAL 6. uc.iiiM. 7. UCIILM L D. DENIAL or the proposed reduction of the 50' required setback. APPROVAL of the proposed reduction of the • ra% required side yard setbacks. The project provided a 35% total view corridor through the property to the bay. The project is not in conformance with Dade County Waterfront Charter Amendment and must go before County review boards for consideration and recommendations. i g '1 CURRENT RECOMMENDATION(S) AND, PLANNING DEPARTMENT DENIAL. A. me proposed change would be in conflict with the adopted Miami Comprehensive Neighborhood Plan which recommended mixed use only on the approximately first one hundred feet fronting on Main Highway, and which recommended low density residential (7 units per net acre) for the remainder of the site. B. The proposed change is contrary to the established land use pattern of low density residential from Peacock Park south to the City of Miami limits. C. The proposed change is unrelated to the majority of the adjacent districts, for only on the narrow side facing Main Highway and a portion of the northern boundary it abuts the SPI -2 zoning district. The rest of the property abuts HC-1 and PR district and Biscayne Bay. D. The bulk of the proposed structure could reach at least 500,000 square feet of either commercial or high density office use, ranging up to approximately 670,000 square feet of commercial or office use, and up to approximately 820,000 square feet of mixed uses, depending on the zoning bonuses. The proposed change would materially alter the population density pattern. A proposed floor area ratio (FAR) of approximately 2.0 could allow in excess of 500 units on the subject site. F. Proposed district boundaries would be unrelated to existing conditions surrounding the property proposed for. change. I II III II DADE COUNTY TRAFFIC A TRANSPORTATION ZONING BOARD .1.11 a 11.11 G. The proposed change would adversely influence living conditions in the neighborhood. The granting of the petitioned change of zoning would unnecessarily extend commercial zoning into a viable residential area. The proposed change to SPI -2 permits a broad range of uses specifically high density office or commercial uses with inadequate setback (5' sideyard) and up to 50' height. In addition, the proposed change would allow up to 2.0 FAR which is too intense for the subject site. H. The proposed change would increase traffic congestion. Possible office use discharges at single peak hour of 5 p.m. increasing traffic on a road which is classified by Dade County Department of Public Works at level of service E. I. The proposed change would constitute a grant of special privilege to an individual owner as contrasted with protection of the public welfare. J. There are no substantial reason why the property cannot be used in accord with existing zoning. The proposed zoning change could result in development that exceeds the design capacity of the sanitary sewer system. If development is maximized the sewage generated could be more than 25,000 gallons per day in excess of the sanitary sewer system. No comment. At its meeting of December 2, 1985 the Zoning Board adopted Resolution ZB 161 -85 by 5 to,4 vote, recommending denial of the proposed change of zoning. At its meeting of December 2, 1985, the Zoning .: Board adopted Resolution ZB' 162-85 by an 8 to .0 vote, requesting the City Commission to establish' dates certain for considering an ordinance to change the zoning. At its meeting of December 19, 1985, the City Commission adopted Resolution 85 -1248, as amended, establishing March 27, 1986 after 5:00 PM as the date for First Reading and April 10, 1986 after- 5:00 PM for Second Reading and further directing the City Clerk to transmit a proposed amendment to the Miami Comprehensive Plan to the Florida Department of Community Affairs for comments. S IT r que •<A vv0vvvvv • • •• V .• • ..W • • . -. «NE $ 7 • b ► s • • 2 i W � .0 • .... .--1 -• PENT RE-SA . TRACT 'A' MAYFAIR SUB ti GO J*' O 'O •R• •R• y 're - P •Q eo 40 �Q`v• *c. M° 9• ••.,.....i u. • • •r � i ZB 11/4/85 ,AS 4627 Item ft 2 86 23x.... 4-29 J -31 P� w� gpproxi mterl y 3471 Main Hi ghws� • /( Is 1`® ZB 1/4/85 AS 46 AP J-27 J-29 J-31 Approximately 3471 Main Highway The facts as represented in the attached application are true and Correct to the best of my knowledge. STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) BEFORE ME, personally appeared Alberto R. Cardenas to me well known to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he executed said instrument under oath, and for the purposes therein expressed. WITNESS my hand and official seal this 4th day of October, 1985. CN104M83 NOTARIZED STATEMENT Alberto R. Cardenas, Esq. Attorney for the Owner � .J Nota P • / c State -rida at Large My Commission Expires: RECEIVED CONTROL No. .Q3 - /as 86-239.,. RECEtvD • �l 1?.. j a , pt. 6 • 04 Toe RG-2, RG -2.1, RG jZ . .1 (o) Toe RG -2.2, RG-3, R0;3 N (CATION FOR AMENDMENT TO ZONING ATLAS File Number ZA -83- r , l � Howara K. Scharlin i hereby apply to the City Commis- sion of the cozy of Mrani for an amendment to the toning Atlas of the City of Miami as more particularly described herein and, in support of that request, furnish the followin informations X I. Address of , 3471 Main Highway, Coconut Grove, Florida Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to application) Affidavit disclosing ownership of property covered by application and disclosure of interest form (Faun 4 and attach to application). Certified list of owners of real estate within 375' radius from the outside boundaries of property covered by this application. (See Form 6-83 and attach to application.) At least two photographs that show the entire property (land and improvements). Atlas sheets) on which property appears 146 Present Zoning Designation RS-1/1 Proposed Zoning Designation SPI -2 9. Statement explaining why present zoning designation is inappropriate. (Attach to `10. Statement as to why proposed zoning designation is appropriate. (Attach to appli- cation) a) Request for change in City of Miami . Other ( .ctJy)C rehensive Neighborhood Plan; b) Statement X f�"p ':!12.46 %.ias R'ini uZ whs �saa64usuua+umul. sl0 12 Filing Fee of $ 27.212.50 according to following schedule: Peacock Par (a) Toe RS•1, RS -I.1, RS-2, $0.011 per sq.ft. of net lot area, minimum PO-M,PO-HC, $300.00 N o g: sq.ft. of net lot area, minimum pe per sq.ft. of net lot area, minimum • (d) Tot CR•I, CR.2, .10 per aq.ft. of net lot area, minimum CR -3, 0-I, CG-I, .00 CG-2, WF-I, WF.R, SPI- 1,2,5,7, 8,9,11,12 (e) Tos C8D -I, SPI-6 10 .12 .00 per sq.ft. of net lot area, minimum f00 (f) For any change in a sector number only, for a particular district classifica- tion, the fee shall be the same as for a change in its district classification, as shown in (b) through (e) above. (g) Surcharge equal to applicable fee from (a) -(c) above, not to exceed $500.00; to be refunded if there is no appeal. (City Code - Section 82 1) Signature Name Howard R. Scharlin Address 1399 S.W. 1st Avenue , Miami , FL 331. phi 358 -4222 STATE OF FLORIDA ) Us 'COUNTY OF DADE ) Howard R. Scharlin , being duly sworn, deposes and says that he le the (Owner) (Authorized Agent for Owner) of the real property described in answer to question ill, above; that he has read the foregoing answers and that the some are true and complete; and (if acting as agent for owner) that he has authority to execute this petition an behalf of the owner. SWORN TO AND SUBSCRIBED before me this of r_r, .Z MY COMMISSION EXPIRES* Min 3 ,1V: S P? C. 01:71V. ii y.j ?. •S• S4 �i ;QY. • /1 11111 111111 11 11111 1 11111 1 Mary art, of IFI gat Large (SEAL) CNJ04NS2 9 INAPPROPRIATENESS or THE EXISTING ZONING CLASSIPICA- flONM The existing zoning classification is inappropriate because it is inconsistent with applicable provisions of the Miami Comprehensive Neighborhood Plan and because of changed Circumstances within the surrounding area. Specifically, the present zoning designation does not provide for mixed land uses and does not enhance the economic vitality of the Coconut Grove Village Center. Additionally, the present zoning does not contribute to a broadening of the pedestrian experience within the Coconut Grove Village Center. Changed circumstances within the surrounding area cause the present zoning classification to not be the highest and best use of the land. RECEIVED By CONTROL Na .h -i5 8f '239 • • 10. APPROPRIATENESS OF THE PROPOSED ZONING CHANGE /STATEMENT OP INTENT: The proposed zoning change is appropriate because it implements applicable provisions of the Miami Comprehensive Neighborhood Plan and because of changed circumstances within the surrounding area. Specifically, the proposed zoning change allows a concentrated development of mixed uses in a spatial arrangement offering contiuous retail uses and a positive pedes- trian experience. The proposed land use designation enhances the economic vitality of the Coconut Grove Village Center and the existing policies reflected in the Village Center's present SPI.2 zoning classification. Land use changes within the surrounding area make the SPI -2 zoning the highest and best use of the sub- ject property. The public interest and objectives of the re- quested zoning change are the came as that set forth under the existing SPI.2 zoning regulations Sec. 1520 -1529. The proposed zoning change is intended to supplant the present zoning of the subject property. The need to secure a Class C Special Permit prior to issuance of any building permit provides for review of specific building plans. RECEIVED By CONTROL No E Fe NS HNORHOO _ PLAN S IN CONJ UNCTION WITH FB t A PPL A IC lla. REQUES cAANGS_ tit_ CtT? OP MIAMI CO A FOR _AMENDMENZ�_TO ZONING ATLAS. FOR 347 AINLHIGHIAY AN 3471 'MAIN MAIN HIGHWAY. The present Comprehensive Neighborhood Plan designation for the subject property is "low density residential" with "mixed use" • mandatory ground level commercial with residential and /or coml. merical • along an area fronting Main Highway. The proposed Comprehensive Neighborhood Plan designation is "mixed use" • mandatory ground level commercial with residential and /or commercial . for the entire subject property. COCONUT GROVE, FLORIDA • 4 October x988 1 RECEIVED By CONTROL No. el7-0-7 4 October 1983 lib. RESOLUTION OP THE ENCROACHMENT ALONG THE BOUNDARY Of PEACOCK PARK AND THE NORTHEAST CORNER OF SUBJECT PROPERTY, 3471 MAIN HIGHWAY, COCONUT GROVE, FLORIDA Based on the survey of the subject property by Alfred Mohr of Biscayne Engineering Company which is attached to this applica. tion, there exists at the northeastern boundary of the subject property a small sliver of land which the owners' surveyor des. cribes as an encroachment of Peacock Park onto the subject property. This is shown under Detail A of the survey. •This encroachment has been disputed by the City of Miami Public Works Department, which maintains that according to City records, the land is a part of Peacock Park. The owners, based on the Biscayne Engineering survey, contend that the property is owned by them. The area of this land in question is approximately 1500 square feet (more or less). To resolve this issue the owners pledge to donate this area of land labeled as "Encroachment" under Detail A to the City of Miami by a Quit Claim Deed if and when this application for Amendment to Zoning Atlas, along with any other accompanying changes is approved by the Miami City Commission and at such time as a building permit for construction is issued by the City. While the owners believe that the land is rightfully theirs, to avoid potential future conflict, the area of the land in dis- pute is not counted as part of the net lot area and will not be used in F.A.R. calculations. 1 IECEIVED By CON1 RO No. � i�Y fer- SLATE OF FlatDA) S5. ow= Or DADE Before me, the undersigned authority, this day personally appeared Howard R. S char 1in , who being b me first duly corn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the acco :pony ng application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miaatl, Florida. e ffecting the real r .. 8 ...44 located in the City of MLaad as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he ,.., ,,, ate.., if any, have given their £kll and complete peon for him to act in their behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the rages attached hereto and made a part of this affidavit contain the names, moiling addresses, Phone numbers and legal descriptions for the real ,.. ,. t., which he is the owner or legal 4. The facts as represented in the application and doci^.ets sub:itted conjunction with this affidavit are true and correct. P :rther Affiant sayeth not. 9MOrn to and Subscribed before me this day of C047 19. My Commission Elmira: AF! tDAVt? at Large • (Naar) NOWT PVPUC MN h .'["'t1 1 t•++s:s:•t rs : • . :.: !� : .Jrneni. REcsivED (SEAL) By CONTROL Na. .s -(59 86 -23S.. Owner's flame Ken Treister DW'tER' S LIST Mailing Address 2699 S. Bayshore Drive, Telephone Number (305) 858 -2416 Legal Description: (see Exhibit "A" attached hereto and made - a part hereof) Suite 1000D, Miami, FL 33133 Owner's Name Howard R. Scharlin Mailing Address 1399 S.W. 1st Avenue, 4th floor, Miami, Florida 33131 Telephone Number (305) 358 Legal Description: (see Exhibit "A ", attached hereto and made a part Hereof) Owner's Name Gerald Katcher Mailing Address 1399 S.W. lst Avenue, 4th floor, Miami, Florida 33131 Telephone Number (305) 358 -4333 Legal Description: • Street Address (see Exhibit "A" attached hereto and made a part hereof) Street Address • Legal Description Legal Description Any ot:. • real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: None: Street Address Legal Description sE- zas,.. /9 Beginning at the point of interscctioq the Southerly boundary like of Tract '.'!A" and.the U. S. harbor Line of Biscayne Bay as shown on tre plat thereof SK! . entitled "THE C. W..EMERSON TRACT IN COCONUT GROVE, CITY OF NIAMI DAVE COUNTY FLA." as recorded in the Public Records'of Dade County, Florida in Plat Book ' 35 at Page 51: �thente N 34';;+' h4" E along said V. S. Harbor Line for a dis- tance of 66.75 feet to a point, thence K 46'25'53 W along the Northerly ho.gndcry line of said Tract "A" for a distance's:1 846.10 Net to a point; thence S 43 ;• 34'07" W for a distance of 66.0' to a point on the Southerly boundary line of said Tract "A "; thence $ 46'25'53" E along the Southerly boundary line of said ' Tract "A" for a distance of approximatety.856.05' to the Point of Beginning b containing 56,170 sq. ft. ggore or less: ' AN Q! ; ' Lot 7, MONROE PLAT, as recorded in Oeed•Book "0 ", at Page 253 of the'Public 'Records of Oade County, Florida, lying and being in the Southeast Quarter of • :Fractional-Section 21, To+nship Sou4 .' Range 41 East, Dade County, Florida, EXCEPTIN4 THEREFROM THE FOLLOMING: . - .Aeglnning at the point In the Northeast`'boundary Ilfte of Lot 7, of theSubdIvi- sion of Lot I, in Section 21, township14 Range 41 East, in Oade County, Florida as shown on the Plat recorded In D''•sd Book "0", on Page 253, of the •. ;records of said County, where said line intersects the center line of the County :'Road leading from Miami to Cutler; thenia South 45' East along said line, which ' is also the Southwest boundary of a lot' for•ncrly owned b — 4harles Montgodery,' '467 feet to a 'point 2S Yaet beyond the . orner ,bets.en the said MOntgomery lot • ,and the lot heretofore conveyed by. J. W. Frew to Frank H. Konen and Evelyn M. • Kanen. ni s 'wife: thence South 45' West 40 feet: tnence North 45' West 467 feet `to the center line of above Road; thine: North 45' East :.tang said center line A 10 feet to Point of Beginning. ALSO EXCEPT, that part of Lot 7 of MONROE PLAT as per Plat thereof recorded in r, ' Geed Book "D ", at Page 253,..of the Public Records of Oade County, Florida, lying. Northwest of the County Road, the.said parcel of.land being also described as .follows: Beginning at a pipe set in cement marking the location of the lightwovd• .stake set as • garking the most Northwesterly corner of said Lot 7: thence South . East 634 feet, more or less, to the Centel line of County Road (Dixie High- way) which line is marked by • pipe ce,nenc 35 feet from center line of . ,said Road' thence Northeasterly alof ,•the said•'cinter line oP siiu County Road. 178.87 feet: thence North 45' West,•parallelling.the Southwesterly fine of said 'Lot 7, 460 feet, more or less, to a pipe set in cement in the South line of Grand Avenue which point is East of the Point of Beginning; thence West 253 feet, m art or less, to Point of Beginnings; !ALSO EXCEPT, that portion of Lot 7 of MONROE PLAT, as per Plat thereof recorded !in Deed Book "0 ", at Page 253, Public Records of Dade County, Florida, :onveyed ` by Jack R. Gardner it al, to THE 'ITY OF MIAMI a municipal corporation, by deed dated August 8, 1947, recorded in Deed Book 2913, Page 237, of the Public (Records of Dade County, Florida: ALSO EXCEPT, A portiol( of Lot 7 of the Subdivis =on of tot 1 of Section•21, ITownshie 54 South, Range 41 East, as shown by plat recorded in Book "0" of 'Deeds at Page 253, of the Public.Recorda of Uade County, Florida, more parti- cularly described as follows: ;Constance at the point in the Northeast boundary line of Lot 7, of the tubdivi 'lion of tot 1 in Section 21, Township 54 South, Range 41 East, in Dade County, .Florida, as shown .sn the p13t recorded in Deed Book "0" on Page 253, of the records of said County, where said line intersects the center line of the 'County Road leading from Miami to Cutler. Thence South 46'33'43" East along the sa ne'Northeas.t, boundary 'lint of Lot 7, a distance of 764.41 feet to an I e a i st i ng,pipe: thence Continue an last described course being along the North - east'boundary line of said Lot 7 a further distance of 8.07 feet a point. !Thence run•South 43'26'17 West a distance of 43.13' to the point of beginning., .Thence r'.m.S 46'52'28" E a distance of 73.81 feet to a point; thence run S 43.11'37" W a dist :Ins:` of 77.74 fuat to a point; 'hand: run N 46'47'23" W a di':ance of 74.05 feet to d point: thence run N 4 3'57" E a distance of 77.63 feet to the point of beginning. ALL OF fHE FOREGOING SUBJECT TO any dedications. .li.gnitations, restrictions, reservations or easements of record. !MI 111•TRI111111 II 8C-23S... Z STATE OF FLGRIDA ) SS: COOKY OF DADE ) PORN TO ua SlaSC before me this day of , 9S: la =MUM IVIRES: 40 DtSCUSU E OF 024E1MtP 1. Legal description and street address of subject real property: SEE LEGAL DESCRIPTION IDENTIFIED AS EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. 3471 MAIN HIGHWAY, COCONUT GROVE, FLORIDA 2. Owner(s) of a:14a m real prop.:y" and' percentage of ownership. Motes City of Miami Ordinance No. 9419 requires disclosure of all parties Wing a financial interest, either direct or indirect, in the snoject 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 r ... : ... . .ionate interest. 1. Ken Treister, 2699 S. Bayshore Drive, Suite 1000D, Miami, Florida 33133 (305) 858 -2416 (502) 2. Howard R. Scharlin, 1399 S.W. 1st Avenue, 4th floor, Miami, Florida 33131 (305) 358 -4222 (252) 3. . Gerald Katcher, 1399 S.W. 1st Avenue, 4th floor, Miami, Florida 33131 (305) 358 -4222 (252) 3. Legal description and street address of any real property (a) owned by any party listed in answer to question 12, and (b) located withi:. 373 feet of the subject real property. NONE K UK AltUR4IX Etikt L�iitvie.R Hpward Scharlin , being duly morn, deimses and says tnat no is the (tumor) (Attorney for Owner) of the real property described in answer to question $1, above: that he .has read the foregoing answers and that the same are two and complete= and (if acting as attormy for owner) that he has authority to execute this Disclosure of Ownership format behalf of the owner. ir;acaei itary fuo11c,(tate Florida at Large `. .. L, ••4 :.• %. , • •• •K • . (SEAL) S6"'23L., ZI - MMA 4114 �J�.n .. .'�.• Beginning at the point of intersection of the Southerly boundary hoe ''!A" and.the U. S. Harbor Line of Biscayne Bay as shown on clue plat thereofr`'ct . entitled "THE C. W. EMERSON TRACT IN COCONUT GROOE, CITY OF MIAMI, DAOE COUNTY SKI FLA." as recorded in the Public Records•of Dade County, Florida in Plat Book ' 35 at Page G1;-4hence N 3 E alorg said V. S. Harbor Line for a dis- tance of 66.75 feet to a point, thence Il 46'25'53 W ,,long the northerl houndcry • line of said Tract "A" for a distance pf;846.10 feet to a point; thence S 43 :. ' 34'07" W for a distance of 66.0' to a point on the Southerly boundary line of , said Tract "A"; thence S 4 6'25'53" E along the Southerly boundary line of taid : Tract "A" for a distance of aaproximatetr to the Point of Beginning b containing 56,170 sq. ft. more or less: 'Lot 7, MONROE PLAT, as recorded in Deed -look "0 ", at Page 253 of the•Public 'Records of Oade County, Florida, lying and being in the Southeast Quarter of • :Fractional Section 21, Township 54 South' Range 41 East, Dade County, Florida, EXCEPTIN►: THEREFROM THE FOLLOWING: . • .8eglnn.rg at. the point In the Northeast like of Loc 7, of theSubdivi- sion of Lot I, in Section 21, Township!1 4'South, Range 41 East, in Oade County, ;Florida, as shown on the Plat, recorded In OR *d Bork "0 ", on Page 253, of the ' ;records of said County, where said line'in:ersects the center line of the County :Road leading from Milmi to Cutler: thenie South 45' East along said line, which ' is also the Southwest boundary of a lot' for•nerly owned by-- Charles Montgo,,iery,• 467 feet to a 'point 25 'fret beyond :he "'. orner • between the said Montgomery lot • , the lot heretofore conveyed bl. J. W. Fro.., to Frank H. Kanen and Evelyn M. Kanen, nis wife; thence South 45 Wes•t,i0 feet: thence North 45' West 461 feet :to the center line of above Road: therm: North 45' East :,long said ,center l ir.. 10 feet to Point of Beginning. jALSO EXCEPT, that part of Lot 7 of MONROE PLAT as per Prat thereof recorded in r,,' Deed Book "0 ", at Page 253,, of the Puti.lie Records of Dade County Florida, lying. Northwest of the County Road, the.said parcel of.land being also described as .follows: Beginning at a pipe set in cement marking the location of the lightwoud .stake set as marking the most Northwesterly corner of said Lot 7: thence South •45' East 634 feet, more or less, to thu center line of County Road (Dixie High - .•way) which line is marked by a pipe ses•jn ctnenc 35 feet from center line of said Re i d ' thence Northeasterly aloe ,• the said•'cinter line of si►u County Road. 178.87 feet; thence North 45' West,• parallelling the Southwesterly fine of said 'Lot 7, 460 feet, more or less, to a "pipe set in cement in the South line of Grand Avenue which point is East of the Point of Beginning; thence West 253 feet, G home or less, to Point of Beginnings; `ALSO EXCEPT, that portion of Lot 7of MONROE PL6T, as per Plat thereof recorded !in Deed book "0 ", at Page 253, Public Records of Dade County, Florida, :onveyed rby Jack R. Gardner et al, to THE 'ITY OF MIAMI a municipal corporation, by deed dated August 8, 1947, recorded in Deed Boot: 2913, Page 237, of the Public Records of Dade Councy, Florida: ALSO EXCEPT, A portiod of Lot 7 of the Subdivision of tot 1 of Section 21, ITownship 54 South, Range 41 East, as shown by plat recorded in Book "0" of ' ;Deeds at Page 253, of the Public.Records of Uacle County, Florida, more parti- cularly described as follows: • ko.neence at the point in the Northeast boundary line of Lot 7, of the tubdivi 'Sion of tot 1 in S:ccion 21, Township 54 South, Range 41 East, in Oade County, .Florida, as shown .m the plat reccrded in Deed Book "0" on Page 253, of the records of said County, whore said line intersects the center line of the County Road leadin.l fro.. Mis•ni to Cutler. Thence South 46 ° 33'43" East along the sane•Northeas,t. boundary 'Hat of. Lot 7, a di stance of 764.41 feet to an le ex.jsting . pipe: thence continue on last described course being along the North - ast line of said Lot 7 a further distance of 8.07 feet to a point. 'Thence run•South 43'26'17" West a distance of 43.13' to the point of beginning, .Thence r..n.S 46'52'28" E a distance of 73.81 feet to a point: thence run S 43'11'37" W a distance of 77.74 font to a point; -hence run N 4 6 ° 47'23" W a die :an :e of 74.05 feet to a point; thence run N 43' "c E a distance of 77.63 feet to the point of b►eginnir.g. ALL OF fHE FOREGOING SUBJECT TO any dedications, .limitations, restrictions, reservations or easements of r•scord. 8C-238, i Z ets +te rtartwt+t *Wadi L lewal aM AA* A. I.a•ttl9a October 24, 1985 HAND- DELIVERED KATCHER. SCHARUN A- LAYZETTA A reel" Nt?$ AT .Aw uNltte NATIONAL &ANA `u,IDINfi ISie & W. TIa {t avekut �ttA�ti. FLOtbA 33100 City of Miami Planning and Zoning Administrative Department 275 N. W. 2 Street. Room 226 Miami. Florida Attention: Ms. Betty Malver Re: COMMODORE BAY /Zoning Application Gentlemen: In connection with the subject Application, enclosed please find Agreement tendered by the Developer concerning a disputed parcel. Yours truly, Howard R. Scharlin HRS /ev Enc. ftutibeeht isia * *t iota Nbtt ICS CNJ17AGT1 • AGREEMENT W I T N E S S E T H: This AGREEMENT, concerning the property shown on Exhibit "A" attached hereto, is made and entered into this 2L ''day of c004.,, 1985 by KENNETH TRUSTER, HOWARD R. SCHARLIN and GERALD KATCHER ( "Owners ") with the CITY OF MIAMI, FLORIDA, a municipal corpo- ration of the State of Florida ("City"): WHEREAS, based on the survey of the subject property by Alfred Mohr of Biscayne Engineering Company (the Owner's Surveyor) which is attached to this Agreement as Exhibit "A ", there exists at the northeasetern boundary of the subject property a small sliver of land which the Owner's surveyor describes as an encroachment of Peacock Park onto the subject property. This is shown under Detail "A" of the attached Exhibit "A" WHEREAS, this encroachment has been disputed by the City of Miami Public Works Department, which maintains that according to City records, the land is a part of Peacock Park. The Owners, based on the Biscayne Engineering survey, contend that the property is owned by them. The area of this land in question is approximately 1500 square feet (more or less). NOW, THEREFORE, to resolve this issue and to minimize potential confusion, the Owners agree to voluntarily donate this area of land, labeled as "Encroachment" under Detail "A" of Exhibit "A ", to the City of Miami by a Quit Claim Deed if and when this application for Amendment to Zoning Atlas, submitted on October 4, 1985, along with any other accompanying changes is both approved by the Miami City Commission and at such time as a building permit for construction is issued by the City to the Owners for development of the subject property. FURTHERMORE, while the Owners believe that the land is now rightfully theirs, to avoid.potential future conflict, the area of the land in dispute is not counted as part of the net lot area and will not be used in F.A.R. calculations. 86 -239 • tN ESS WHEREOF, the 98 undersigned has set their hands this .l` day Signed, sealed and delivered in the presence of: ,� i r • . ( ' tL '1 • ► h r ci STATE OF FLORIDA ) SS: COUNTY OF DADE ) My Commission Expires: IC1UY tsn:C STATE C F. : :i N/ C:i :ssI:M CA'. :IC :' '! C :v " 3 T•' , • .. . :. CNJI7AGT1 r w .•• i t - 110NARD SCHARLIN GE KATCHER 2 6,.: _..�..:..: was The foregoing acknowledged before me this .2 '/ day of , 1985 by KENNETH TREISTER. NOTARY a Florida STATE 0!' FLORIDA ) ) Nit COUNTY 0? DADE ) The foregoing - ►da o acknowledged before me this , ,,1, y R. • SCEARLIN. My Commission Expires: rO ?IT PPM $1111 or r m :Os MY C;MUISSIVI ix'. :r„ r.4:i OM: ii !x:..44. STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) The foregoing - was acknowledged before me this zit. day of 1985 by GERALD KATCHER. My Commission Expires: WARY 'MC STATE ^r rOMIN Mt C :MmI:S:t1 :• ". .' : %11 i:*a: ►•Q. .%.. .O. CHJI7' 1 414% 4 114 s Nas rw , 1985 by HOWARD NOTAR U8 , S t e 111 .mnuni for ida V NOTARY PUBLIC, St of lorica • ... . . •. Beginning at the point of interscctiort of the Southerly boundary I i.'e of Tract ' "A" and.the U. S. Harbor Line of Biscayne Bay as shown on tee plat thereof SKI . entitled "THE C.' W.. EMERSON TRACT IN COCONUT GROVE, CITY OF MIAMI, OAUE COUNTY FLA." as recorded in the Public Recorda•of Dade County, Florida in Prat Book ' 35 at Page 61 ;•thence N 34';;+ E alorg said L'. S. Harbor Line for a di tance of 66.75 feet to a point, thence K 46'25'53 w .along the Northerly ho„nd,;,. • live of said Tract "A" for a distancs fret to a point; thenGe S 43- ;. 34'07" W for a distance of 66.0' to a paint on the Southerly boundary line of , said Tract "A "; thence S 4 6'25'53" E along the Southerly boundary line of said.' Tract "A" for a distance of appro*imate4.856.OS' c: the Point of Beginning i containing 56,170 sq. ft. fore or less: » ANQ• :tot 7, MONROE PLAT, as recorded in Deed:llook "0 ", at Page 253 of the'Puplic Records of Cade County, Florida, lying and being in the Southeast Quarter of :Fractional-Section 21, Township Seattle Range 41 East, Dade County, Florida:, :EXCEPTINY THEREFROM THE FOLLOWING: . . .Ileglnn.ng et the point In the Northeast boundary llhe of Lot 7, of the sion of Lot 1, in Section 21, Townshiprtl►'South, Range 41 East, in Dada County,. :Florida, as shown on the Plat recorded In 0'!td Book "0", on Page 253, of the :records of said County where said. line'in:ersects the center line of the County `M ad leading free Mend to Cutler: thence South 45' East along said line, which :is also the Southwest boundary of a lot formerly owned bT- Charles Montgo�+ery: ' ' '467 fee; to a point 25 'Ypet beyond the 'e orner .bstrNeen the said Montgomery lot • ' and the lot Heretofore , :n'veyed by. J. W. Frow to frank M. Kasen and Evelyn M. • Itanen. nis wife; thence South 45' Welt ,10 feet: cnence North 45' West 467 feet :CO the center lino of above Road; thence North 45' East :.long said center lir't + 10 feet to Point of Beginning. y 'ALSO EXCEPT, that part of Lot 7 of MONROE PLAT as per Pat thereof recorded in r„ -Oeed Book "0 ", at Page 253,..of the Public Records of Oade County, Florida, lying. J 'Northwest of the County Road, the•said parcel of•land being also described as . follows; Beginning at a pipe set in cement marking the location of the lightwoud• .stake set as .narking the most Northwesterly corner of said Lot 7; thence South 4 5' East 634 feet, more or less, to the cencef line of County Road (0iitie Hi h- • way) which line is marked by a pipe „ssS ;n ;went 3S feet from center line of . said Roid• chenct'Northeasterly alOf,•the said•cinter line oCaliriCounty Road. 178.87 feet; thence North 45• west,.parallelling Southwesterly Fine of said • 'Lot 7. 460 feet more or less, to a pipe set in cement in the South line of Grand Avenue wh point is East of the Point of Beginning; thence West 253 feet, :mart or less, to Point of Beginning; . • ALSO EXCEPT, that portion of Lot 7of MONROE PL.IT, as yer Plat thereof recorded !in Oeed Boo!. "0 ", ac Page 253, Public Records of Oade County, Florida, :onveyed ;by Jack R. Gardner et al, to THE :ITY OF MIAMI a .municipal corporation, by deed dated August 8, 1947, recorded in Geed Book 2913, Page 237, of the Public Records of Oade County, Florida: ALSO EXCEPT, A portioef of Lot 7 of the Subdivision of lot 1 of Section 21, ITownshio 54 South, Range 41 East, as shown by plat recorded in Book "0" of • .Deeds at Page 253, of the Public,Records of Uacle County, Florida, more parti- cularly described as follows: ■ • ;Commence at the point in the Northeast boundary line of Lot 7, of the tubdivi -• 'sion of tot 3 in Section 21, Township 54 South, Range 41 East, in Dade County, :Florida, as shown .an the plat recorded in Oeed Book "0” on Page 253, of the records of said County, where said line intersects the center line of the County Road 'sadist.) iron Mis•ni to Cutler. Thence South 46'33'43" taut along I l the sane•Northeatt boundary ': in. of. Lot 7, a distance of 764.41 feet to an eajsting, pipe; thence continue on last described course being along the North - east'boundary line of said Lot 7 a further distance of 8.07 feet to a point. Thence run•South 43'26'17" West a distance of 43.13' to the point of beginning., :Thence r.4n.5 46'52'28" E a distance of 73.81 feet to a point; thence run . S 4 3't1'37" W a dist.tncv of 77.74 Beet to a point; 'hence run N 46'47'23" w a • di': :n :e of 74,05 'ant to .e point: thence run N 4 3 . e..'57" E a distance of 77.63 feet to the point of beginning. ALL OF THE FOREGOING SUBJECT TO any dedications, limitations, restrictions, •reser.adons or easements of r'lcord. 1' 8C -231L �7 TO. ISOM: Aurelio E. Director Planning i Admiristr Perez- Lugones Zoning Boards ion CITY OR MIAMI, FLORIDA INTIR•OFFICE M(MORANDUM C Kern, Director Parks and Recreation Department - INCLOSIIRSS: •; r: -1 •, °ATR October 30, 1985 SUBJECT: Update on Proposed State Acquisition of Barnacle Extension RI PERSNCU. This memorandum serves to update the status of the proposed acquisition of the Barnacle Extension site. On October 14, 1985, the State Land Acquisition on Selection Committee net to decide the "first cut" of projects eligible for Conservation and Recreation Lands (C.A.R.L.) funding. The Committee voted unanimously to move the project to the next phase of selection, which consists of a full -scale review of the site • and assessment. The State's Department of Community Affairs was assigned the preparation of this report, and will present their' findings to the Committee some time in December. The agreement between the State Board of Trustees (of the Internal Improvement Trust Fund) and the City of Miami was executed October 21. This is the agreement in which: 1) The State releases the deed restrictions on lands adjacent to Bayfront Park, 2) the City establishes a trust fund (from the Bayside Specialty Center revenue) to procure property on Biscayne Bay and the Miami River, and 3) the City places the Barnacle Addition site as the top priority of such lands to be acquired (with the state's assistance). This agreement a subject of discussion at the October 25, 1985 meeting of the Selection Committee. The purpose of this later meeting was to present the findings of the Department of Natural Resources on projects requesting Save Our Coast (S.O.C.) funds and Land Acquisition Trust Funds ( L.A.T.F.). The Barnacle Addition is being considered under the latter program. Selection Committee members were provided copies of the agreement and will vote on the final L.A.T.F. project list on November 8, 1985. If further information is needed, please.contact my office.. HRP /st cc: (see attached list) LAW *meta HIThER R. PARSONS, JR., P. A. swot Sol SA1GRtLL GtNtRt !S. •R1GRtu. P LAZA Must. noun mot fitltP$ONt 13051 3 4.4ttp October 25, 1985 Very truly yours, Huber R. Parsons Jr. Mr. Gerald Katcher CERTIFIED MAIL $P 634 996 590 Mr. Kenneth Treister RETURN RECEIPT REQUESTED Heard R. Scharlin, Esq. c/o Howard R. Scharlin, Esq. Katcher, Scharlin and Lansetta 1399 S.W. First Avenue - Fourth Floor Miami, Florida 33131 Re: Real Property located at c. 3471 Main Highway, Coconut Grove, Miami, Florida; "Commodore Hay" Property (the . "Property "); Application for Amendment to Zoning Atlas (and Request for Change in City of Miami Comprehensive Neighborhood Plan) (collectively the "Application ") filed October 4. 1985 Dear Messrs. Katcher, Treister and Scharlin: It has come to our attention that you have filed the above - referenced Application for a change of zoning to SPI -2 and for a change in the City of Miami Comprehensive Neighborhood Plan. The Application appears to contain no specific information whatsoever as to whether this massive proposed re- zoning and change does or does not contemplate any particular development upon the Property. Request is hereby made that you the applicants indicate that this massive proposed re- zoning and change in the City's Comprehensive Neighborhood Plan contemplates no particular development or, if to the contrary, the nature and specifics of and justification for the development contemplated. Your early, specific, and written reply and response shall be received with great interest by the community. INN t rSsitb rq, Trauriq, Asknew, Hoffman, Lipofi, Quantal & Wolff, P.A. Attnt Robert H. Traurig, Esq. Allan Gold, Esq. Alberto R. Cardenas, Esq. The Honorable Maurice Petra Mayor The Honorable Joe Carollo Vies Mayor The Honorable Miller J. Dawkins Commissioner The Honorable Demetrio Peres, Jr. Commissioner The Honorable J. L. Plummer Commissioner Mr. Ralph G. Ongie, City Clerk City of Miami (for inclusion into files) Mr. Sergio Pereira City Manager Mr. Walter Pierce Assistant City Manager Lucia Allen Dougherty, Esq. City Attorney Joel Maxwell, Esq. Assistant City Attorney Mr. Sergio Rodrigu4s, AICP Director, Planning Department Mr. Aur. io E. Peres - Lugones, Director Planning a Zoning Boards Aministration Dept. Janet L. Esq. Ms. Linda Dann David Doheny, Esq. Ms. Marjory Stoneman Douglas Mr. Bernardo Port Brescia, A.S.A. Ms. Sally. Jude • . 11 David 9. MrCria, $uq. Ms. Mary Munroe Karl Mueneh, M.D. Ms. Arva Moore Parks Jack R. Ries, Jr., Esq. Kenneth L. Ryskamp, Esq. The Right Reverend Calvin 0. Schofield, Jr., S.T.D. N. Fraser Schuh, III, Esq. Ms. Laurinda Spear, A.I.A. American Association of University Women Attn: Ms. Barbara Miller Beaudry Central Grove Homeowners Attn: Mr. Michael L. Smyser IV Coconut Grove Chamber of Commerce Attn: Mr. Ed Boon Coconut Grove Civic Club Attn: Mr. Jim McMaster Ms. Carol Knissly Coconut Grove Parent /Teacher Association Attn: Ms. Susan McGrath The Cousteau Society Dads Heritage Trust, Inc. Attn: Donald D. 81ssnick, II, Esq. Mr. John Ward Clark Democratic Club of Greater Miami Florida Historical Society Attn: Mr. Randy Nimnicht Florida Trust for Historic Preservation Attn: E. L. Roy Hunt, Esq. Friends of the Everglades Attn: Ms. Marilyn Reed Grove Park Homeowners Association Attn: Ms. Theodora Long A Historical Association of Southern Florida Attm Ms. Marsha Kanner Mr. Randy Nimnicht Junior League of Miami Attn: Ms. leaky Roper mstkov Me. Jeaftnett Slesnick Rey Biscayne Taxpayers Association Attn: Ms. Dorothy M. Cohen Miami Civic League Attn: Mr. Bob Worsham National Trust for Historic Preservation Attn: J. Jackson Walter, Esq. The Sierra Club Attn: Ms. Mary Therese Delate Mr. George Fedorko Tigertail Association Attn: Ms. Thelma Altshuler Tropical Audubon Society, Inc. Attn: Dr. Robert Salley The Villagers Attn: Ms. Patricia B. Godard IC • March 25, 1986 Dear Mr. Treister: es AN Mr. Kenneth R. Treister Treister & Cantillo Architects 2699 South Bayshore Drive Coconut Grove, Fl. 33133 GR U engineers • olonnors • development consultants Subject: Commodore Bay Plan Amendment and Zoning Change In preparation for commenting on the proposal to amend the City of Miami Comprehensive Plan and rezone the land to permit a mixed -use development on the Commodore Bay site, I have reviewed the location and the Comprehensive Plan recommendations for the area. Also I have read and evaluated the Planning Fact Sheet and the Zoning Fact Sheet prepared by the Planning Department of the City, and the comments of the staffs of the South Florida Regional Planning Council and the Florida Department of Community Affairs. This study and evaluation is supplemented by 20 years of experience of enjoying the restaurants and shops and events in the Grove, and of commuting in the 60's and 70's up from Old Cutler Road, to Main High- way and Bayshore Drive through the District. From an urban planning point of view, this effort has resulted in two broad conclusions being reached. First, the site of the Commodore Bay project is no longer suitable for low- density residential development, a designation which today appears to be a relic of the past. Second, the site is an ideal location for a low profile, mixed -use development connecting the Grove center to the waterfront and park system. This site is no longer suitable for single - family residential housing and it is incorrect to continue the plan designation of Low - Density Residential and the zoning of RS -1 /1, One - Family Detached Residential, for several rea- sons: miami office - 7925 n w. 12th street. suite 102. miami, florida 33126 - (305) 593 -1609 86 -239. Kenneth R. Treister March 25, 1986 Page 2 Rs 1. The designation of the site for Low - Density Residential is inconsistant with the development of the surrounding Coconut Grove Village Center as a diversified activity center. 2. The high level of business, restaurant and special event activi- ty in the immediate area is incompatible with low- density residen- tial housing. 3. The adjacent Peacock Park is one of the most active recreational facilities in the City of Miami and its host of activities, in- cluding night - softball, festivals, concerts, and so forth would make it a nuisance to an adjacent single - family residential development. 4. Security needs in the area would require any low- density residential development to be surrounded by a wall, and this would not only prevent public access to the waterfront, but would effectively separate the existing park and historic sites. 5. The adjacent school and church are high- intensity uses generating .heavy peak -hour traffic which is incompatible with the develop- ment of single - family housing on neighboring land. There are several positive urban design achievements and public policy benefits which could result from the use of this site for a mixed -use development of a type permitted under the SPI -2, Coconut Grove Central Commercial District, zoning. These include: 1. A pedestrian linkage of Main Highway and Commodore Plaza to the bayfront would be created. A boardwalk /pedestrian -way along the bayfront to Peacock Park and connecting Peacock Park with the Barnacle State Historic Site can be achieved. 2. A mixed -use project under SPI -2 will offer a creative mix of residential, retail, cultural and entertainment activities, which is consistant with good urban area design in general and with the adjacent SPI -2 zoning district specifically. 3. The housing type to be developed as part of a mixed -use develop- ment will be inherently more affordable than low- density single - family units developed in accordance with existing zoning. 4. The site remains physically separated from all near -by single - family neighborhoods, consequently, there will be no direct adverse visual impacts. 8G-239.y. Kenneth R. Meister March 25, 1986 Page 3 S. Proper site planning under SPI-2 toning permits the avoidance of significant disruption of the existing hammock on the site, whereas the hammock would be destroyed by the development of single - family housing. It should be noted that the proposed Plan Amendment and the rezoning will control the use and the intensity of development of the site. Any plans required by the City in a subsequent step in the permitting and develop- ment process will address design matters. Very truly yours, THE STUTSMAN DESIGN GROUP, INC. Paul M. Stutsman, PE, AICP Director 56 -239.. March 20, 1986 The City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 USA Re: Situs located at circa 3471 Main Highway, Coconut Grove, Miami, Florida, U.S.A. Ladies and Gentlemen: I am writing to you on behalf of Jean - Michel Cousteau regarding the above noted site. On a recent visit to Miami both he and I became acquainted with the importance of the "Barnacle" and its adjacent hardwood hammock. The Cousteau Society is dedicated to the preservation and protection of all life on this water planet. Of primary importance, from our standpoint, is the condition of the environmental legacy we hand down to future generations. Therefore, we feel it is vitally important, for both environmental and historical reasons, that the above site be spared from the encroachment of a growing urban Miami. In our opinion, this area contains many valuable plant species as well as hardwoods that are becoming increasingly rare in South Florida. Of equal importance is the need to maintain the integrity of Florida's natural shoreline. All of us living today share a responsibility to provide future generations with a healthy natural world, filled with the same bounties that we have enjoyed. We ask that most careful consideration be given to the preservation of the "barnacle" and the adjacent natural coastal hardwood hammock. Thank you for your concern regarding this issue. Sincer Knipe Public" E jents Director Associate Editor TK :na The Cousteau Society. Inc. 425 East 52nd Street C CAL PS( The Cousteau Society New York. NY 10022 e�ua - t 86-239„_. (212)626 -2940 Telex 66442 COUSTEAU NYK 1 , ( i u .u111111111111111. coconut grove civic club 3V 7xt, po box 381 coconut grove florida 33133 The City Commission of Miami 3500 Pan American Drive Miami, Florida 33133 March 27, 1986 To the members of the City Commission: The Board of the Coconut Grove Civic Club would like me to re- interate their position concerning the application for re- zoning of the property at 3471 Main Highway,Coconut Grove, Florida. A number of our concerns over the proposed projects offered during the past year and a half remain the same. Up- zoning this property from RS1 /1 to a SPI -2 district would allow development to occur with a density we find unreasonable and unacceptable.The applicant's requests should be denied on the basis of these basic issues: 1.There is no real need for Commercial development on the bayside of Main Highway since many areas in central grove exist and currently allow for such development rather than begin the destruction of traditionally residential areas on the bay(as shown in the last Master Plan, it's listed as low- density Res.) 2. The dangers of increased traffic from a project of this nature and density into the main artery of the Grove which the city lists at dangerous levels already. 3. The adverse effect on Peacock Park and the historic Barnacle State Park, adjacent to applicant's proposed re- zoning for a commerical high - density area. For the above reasons we urge the Commission to deny the re- zoning of this property. Thank you. Sincerely, arm/ ,&de 86-239 . Carol Kniseley, Secretary of Coc ut Grove Civic Club Alberto R. Cardenas, Esq. One Biscayne Tower - 33rd Floor 2 South Biscayne Blvd. Miami, FL 33131 Re: Application for Amendment to the Comprehensive Neighborhood Plan 1976 -1986 and the Zoning Atlas for Property at 3471 Main Highway Dear Mr. Cardenas: Your letter dated March 24, 1986 has been assigned to me for response. I am pleased to state that this office is in accord with your position regarding amendments to the Miami Comprehensive Neighborhood Plan 1976 -1986 ( "Plan "). The City Commission may decide whether or not to adopt the proposed amendment to the Plan for the property located at 3471 Main Highway from a combination of mixed use and low density residential to mixed use. You should be aware that the State Department of Community Affairs has reviewed the proposed amendment pursuant to Section 163.3184, Florida Statutes (1985) and has notified the City that the proposed amendment would create an incompatible land use situation which would not be consistent with the requirements as set forth in Section 163.3177(6)(a), Florida Statutes (1985) that development shall be in accord with the principles and standards of the City's Plan and the Local Government Comprehensive Planning and Land Development Regulation Act. Unfortunately, my response to your second issue cannot be as favorable. I do not agree with your argument that the zoning on the referenced property must be changed from RS -1 /1 to SPI -2. The Plan was adopted, as set forth in the preamble thereto, to provide an official guide to future development in the City. The specific element to which you refer, the Future Land Use and Transportation Element (emphasis added), designates "...proposed future general distribution, location, and extent of the uses of :, I , E l.: F 1111IIIIIIIIIIIIIIIII1IIIMIIIIIIIIIII1111111111 II 111 • . F1urn1a 33131 0 i79- b700 8C-239_ • Alberto R. Cardenas, Esq. March 27, 1986 Page 2 land for housing, business, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private use of land. ", Section 163.3177(6)(a), Florida Statutes (1983) and Section 163.3177(6)(a), Florida Statutes (1985). Thus, the land use designations on the Plan indicate the maximum density permissible in that area. I cannot agree with your argument that the City must now rezone all property to conform to the maximum density allowable under the Plan. It should also be noted that the Future Land Use Element is based on perceptions of land use in 1976. Significantly, the proposed revised comprehensive plan, which is scheduled for the April 22, 1986 City Commission Agenda, reflects the same maximum land use for the subject property and does not permit additional development, notwithstanding the ten years that have elapsed since the adoption of the Plan. In this regard, I believe Attorney General's Opinion No. 85 -56, cited in you letter, is supportive of my position. In that opinion the Attorney General, in response to a specific fact pattern posed by the City Attorney for the City of Homestead, opined that the most recently adopted comprehensive plan should govern any action taken in regard to an application for a development order where the existing zoning on a particular piece of property was less restrictive than the land use element of the comprehensive plan referred to in his opinion. In that case, the municipality could not approve an application for a development permit for use of property which was permissible under the existing zoning but which was not in accordance with the comprehensive plan. You have attempted to distinguish the case of City of Jacksonville Beach v. Grubbs, 461 So.2d 160 (Fla. 1st DCA 1984) , rehearing denied at 469 So.2d 749 (Fla. 1985). However, that case is directly applicable to the case at hand. As stated by the First District Court of Appeals in Grubbs, "(the comprehensive plan) was not intended to accomplish immediate land use changes and legally did not do so." The Court further opined that the proper role of the comprehensive plan in cases such as the one at hand is to establish a long range maximum limit on the possible intensity of land use, not to simultaneously establish an immediate minimum limit on density. The Court continued, in its opinion, to state that "The present use of land may, by zoning ordinance, continue to be more limited than the future use contemplated by the comprehensive plan... ", 461 at page 163. See City of Gainesville v. Cone, 365 So.2d 737 (Fla. 1st DCA 1978). 8 C - 239, w Alberto R. Cardenas, Seq. Match 27, 1986 Page 3 In conclusion, the City Commission may decide when "the future has arrived" and when a parcel of land should be rezoned. Its decision making authority is limited only by the general requirements of law. GMM:bss:P124 cc: Honorable Mayor Xavier L. Suarez and Members of the City Commission Lucia A. Dougherty, City Attorney Joel E. Maxwell, Assistant City Attorney Walter Pierce, Assistant City Manager Sergio Rodriguez, Planning Director Aurelio Perez - Lugones, Director Planning and Zoning Boards Administration Sincerely, ,,ff ditv G. Miriam Maer Assistant City Attorney III 8f -239, **DEDICATED TO PROTECTING AND PRESERVING THE UNIQUE LAND AND LIFESTYLE OP COCONUT GROVE." THE 3100 JEFFERSON STREET, COCONUT GROVE, FLORIDA 33133 305 858 4600 Miami City Commission Miami City Hall Pan American Drive Miami, Fla. 33133 Dear Commission members: ASSOCIATION INC 17 March 1986 The Tigertail Association, an organization represen- ting households and home owners in Coconut Grove wishes to have its opposition to the SPI2 zoning change read into this hearing record. We have steadfastly opposed unrestrained over- development of the Coconut Grove area. The proposed change would allow one of the most sensitive sections of Miami to be permanently damaged. We urge you to deny this request for zoning change. Yours respectfully, The Tigertail Association 4ht*,(21.,14,64,4za )11-4 -' ! - -- 111111 11 11111111111111111 II 11•1111 VIII II I I I NI 110 1 Marjory Stoneman Douglas Florence F. Coey Don DeHut President Vice - President Treasurer March 27, 1986 Mayor Suarez and City Commissioners City of Miami Dinner Key Miami, Florida 33133 Dear Mayor and Commissioners: The 3000 members of the Friends of the Everglades are asking that you deny any zoning changes for the property at 3461 Main Highway, Coconut Grove. This parcel sits between two very important parks in the City of Miami, Peacock Park and the state historic site, The Barnacle. This sevenacre site contains much of the original hammock and needs to be protected. We are opposed to its destruction, especially along the Biscayne Bay waterfront. Coconut Grove is the oldest settlement on the lower east coast of Florida. It is in need of preservation, and this beautiful piece of property, adjacent to Miami's "Plymouth Rock ", needs to be protected from development. We urge you to vote against approval of development of this property before you tonight. Sincerely yours, 7/16411 ik 5 4 901Adf ( to Marjory Stoneman Douglas I.ISD /mtd A private non-profit organization supported by tax deductible ,memberships and donations tc"'■ K71 01 94,10Z- FRIENDS OF THE EVERGLADES 3 -o2 7 t6 3744 STEWART AVENUE COCONUT GROVE, FLORIDA 33133 Linda J. Hardin Secretary 80-239.. D4de Historic I'reseRaiion Center 1011 Southeast 12 l'erracc Miami, Florida 33131 1985 OFFICERS Chairman of the Board Donald I). Slesnick 11 President John Ward Clark 1st I 'ice President Marty Stofik 2nd I 'ire President Michael J. Maxwell Treasurer R. Bcniantine Reid Secretary Jeanie Mc( juin: Exert/tire 1)irectnr Joan Miller- Thompson TRUSTEES Peter Andolina Les Bclinson S J. Boldrick Sharon Clark George M. Corrigan, Jr. Dora Valdes -Pauli Stanley Glasgow Richard Grodcn Mcllcnry Hamilton Ruth Jacobs Christine Kurtz Nancy Liebman Doris Littlefield Finlay B. Matheson Becky Roper Alatkov Lyn Pannone Huber R. Parsons, Jr. Caesar Phillips Ralph Renick Norah Schaefer William t'Vescort 111111111 I ,o:t.G xiti. March 27, 1986 Miami City Commission City Hall 3500 Pan American Drive Miami, Florida 33133 Re: Property located at 3471 Main Highway, Coconut Grove, Miami, Dade County, Florida Mayor and Commissioners: Please be informed that the Executive Committee of Dade Heritage Trust has adopted the following resolution: "RESOLVED, that the Miami City Commission be informed that Dade Heritage Trust, Inc. recommends and urges that the proposed re- zoning from residential to commercial of the "Commodore Bay" property located at c. 3471 Main Highway, Coconut Grove, Miami, Florida, be denied on account of the severe adverse and negative impact which the utilization of such zoning would have on The Barnacle, one of the principal and unique built heritage assets of the City of Miami and Dade County." Thank you very much for your consideration. Very truly our John Ward Clark Aderata emu; ez-- 8G- 239... ES di' SIERRA CLUB Miami Group P.O. Box 430741 • Miami 33143 March 27, 1986 I Mayor Xavier Suarez City of Miami Dinner Key - City Hall Miami, Florida 33133 RE: Proposed Zoning Changes at 3461 Main Highway Dear Mayor Suarez: On behalf of the 1700 members of the Miami Group of the Sierra Club, I urge you to vote against any zoning changes for the property at 3461 Main Highway, Coconut Grove. For the past 20 months the Sierra Club has objected before the City of Miami zoning and planning boards and the Commission to the proposed commercial project known as Commodore Bay on the basis of imprudent planning and destruction of wildlife habitat in an Environmental Preservation District. Also, development of the suggested proportions would contribute to the cumulative impact detrimental to our important natural resource, Biscayne Bay. Please take all this into consideration before you vote tonight. Thank you. Since ely, "Not blind opposition to progres:;, but opposition to blind progress." Florida Trust for Historic Preservation Inc. P.O. Box 11206 Tallahassee, Florida 32302 (904) 224 -8126 March 25, 1986 Honorable Mayor Suarez City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Suarez: Please deny the request for major up- zoning for the "Commodore Bay" Land /Project on Main Highway. The Florida Trust for Historic Preservation, a statewide private sector preservation organization believes that this project would have a major inverse impact on the Barnacle, a state owned historic site. Thank you for your concern. Sincerely, Sallye G. Jude President Florida Trust for Historic Preservation, Inc. lariamt A;e42; A44, Ale-#-Ade, t92,- 7 o-n 3/27/r 86-239:.. Sincerely, March 26, 1986 Mayor Xavier Suarez City Hall 3500 Pan American Drive Miami, FL 33133 Dear Mayor Suarez: Tropical Audubon Society opposes the rezoning of the Commodore Bay property. We hope that you will vote no on this application tonight. gto/2icat c uc on cSo , .Ond. 5530 SUNSET DRIVE MIAMI, FLORIDA 33143 Robert L. Kelley, Ph.D. President, Tropical Audubon Society Ad4- 0- 241/ 0-40eL-1 3 -a Y 4 St CONSERVATION IN ACTION IN SOUTH FLORIDA 305) 666.5111 8G-23S, OFFICERS President Mrs. Hugh C. Simmons First Vice President Mrs. Augustus F. Williams. Jr. Second Vice President Mrs. Dursie Ekman Third Vice President Mrs. Kenton H. Haymans Recording Secretary Mrs. W. Reese Harris Corresponding Secretary Mrs. Gustave Harrer Treasurer Mrs. Alex H. Hilliard Assistant Treasurer Mrs. Robert Wilson APPOINTED OFFICER Parliamentarian Mrs. Robert Park DISTRICT DIRECTORS District I Mrs. John H. O'Donnell, Jr. District II Mrs. Milton Gray District III Mrs. A.E. Ansley District IV Mrs. W.E. Black District V Mrs. Alvin L. Horning District VI Mrs. Robert Inghram District VII Mrs. Robert C. Ochs District VIII Mrs. Crowell T. Dawkins District IX Mrs. H.J. Gilbert District X Mrs. James Acker District XI Mrs. E.S. Montgomery District XII Mrs. Jefferson P. Hill, Sr. Florida Federation of Garden Clubs, Inc. Charter Member of National Council of State Garden Clubs, Inc. Headquarters: 1400 S. Denning Dr.. P.O. Box 1604, Winter Park, Florida 32790 -1604. Telephone: (305) 647 -7016 Mayor Xavier Suarez Miami City Commissioners City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Sirs: The 40 Garden Clubs of District XII of the Florida Federation of Garden Clubs, Inc. request that you vote NO to Commodore Bay. The land between Peacock Park and the Barnacle must become the Barnacle Extension in the interest of the Citizens. Up- zoning will set a precedent for commercial zoning on the South Bay along Main Highway. We must not lose our natural native beauty to developers. March 27, 1986 Sincerely, Louise Hill Mrs. Jefferson P. Hill, Sr. t t, P - 7 one a7-86 Plant Seed - Discover Life 8E-239ti p National Trust for Historic Preserz)atToii The City of Miami Commission Miami City Hall Pan American Drive Miami, Florida 33133 Re: Commodore Bay Rezoning Request Dear Commissioners: SigniAdi;n spectfully yours, Jackson Walter. resident YYillluiluumurr�� - . 1785 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036 (202) 673 -4000 March 12, 1986 We have followed the course of the Commodore Bay Project proposal with some concern because of its possible adverse impact on the historically significant Barnacle property. It has come to our attention that there is another proposal pending before your Commission to rezone the adjacent property for the proposed Commodore Bay Project. The Barnacle, as you well know, is one of the priceless historic treasures of South Florida and is a registered historic landmark. It is an irreplaceable reminder of the historic origins of the Coconut Grove and Miami communities and a historic site of truly national significance. The intensive commercial development immediately adjacent to the Barnacle as proposed by Commodore Bay could not help but have severe and unavoidable adverse impacts on the interests of preservation of the Barnacle, and on the public interest of the people of Miami, the State of Florida, and the nation. The National Trust for Historic Preservation is a congressionally chartered non - profit corporation with the responsibility for furthering the national policy in the preservation of significant historic sites for the inspiration and benefit of the people of the United States. The National Trust has over 175,000 members nationwide and works in close conjunction with the Florida Trust for Historic Preservation and the Dade Heritage Trust to support the interests of historic preservation in Dade County and Florida. On behalf of the National Trust for Historic Preservation we would urge the City of Miami Commission to maintain the maximum protection of the Barnacle and to deny the pending rezoning proposal. EC,-239._ _..� GvA Aif' ro Air TNC 1 /V6 Z7rns ?NE' Re 2TAAA spa Ile40.A/6116 - 1 43 !'loo E.8 / 6 a -{e5 PM116,00-Q 6)-$K LAtian uttopuhm Mr. Osvaldo Moran- Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 161 -85 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3509 OF ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD ADOPTED RESOLUTION ZB 161 -85 RECOMMENDING DENIAL OF THE CHANGE OF ZONING CLASSIFICATION IN THE OFFICIAL ZONING ATLAS OF ORDINANCE 9500, AS AMENDED, FROM RS -1/1 ONE- FAMILY DETACHED RESIDENTIAL TO SPI -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 3471 MAIN HIGHWAY, ALSO DESCRIBED AS BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF TRACT "A" AND THE US HARBOR LINE OF BISCAYNE BAY AS SHOWN ON THE PLAT THEREOF ENTITLED "THE C.W. EMERSON TRACT IN COCONUT GROVE, CITY OF MIAMI, DADE COUNTY, FLA" (35 -61); THENCE N 34 ° 59'44" E ALONG SAID US HARBOR LINE FOR A DISTANCE OF 66.75' TO A POINT, THENCE N 46 ° 25'53 W ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A" FOR A DISTANCE OF 846.10' TO A POINT; THENCE S 43° 34'07" W FOR A DISTANCE OF 66.0' TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "A ", THENCE S 46 °25'53" E ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "A" FOR A DISTANCE OF APPROXIMATELY 856.05' TO THE POINT OF BEGINNING AND CONTAINING 56,170 SQ. FT. MORE OR LESS; AND LOT 7, MONROE PLAT, AS SHOWN ON THE PLAT RECORDED IN DEED BOOK (D- 253), LYING AND BEING IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 21, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE POINT IN THE NORTHEAST BOUNDARY LINE OF LOT 7, OF THE SUBDIVISION OF LOT 1, IN SECTION 21, TOWNSHIP 54 SOUTH, RANGE 41 EAST, IN DADE COUNTY, FLORIDA, AS RECORDED IN DEED BOOK (D -253), WHERE SAID LINE INTERSECTS THE CENTER LINE OF THE COUNTY ROAD LEADING FROM MIAMI TO CUTLER; THENCE SOUTH 45 EAST ALONG SAID LINE, WHICH IS ALSO THE SOUTHWEST BOUNDARY OF A LOT FORMERLY OWNED BY CHARLES MONTGOMERY, 467' TO A POINT 25' BEYOND THE CORNER BETWEEN THE SAID MONTGOMERY LOT AND THE LOT HERETOFORE CONVEYED BY J.W. FROW TO FRANK H. KANEN AND EVELYN M. KANEN, HIS WIFE; THENCE SOUTH 45° WEST 10'; THENCE NORTH 45 WEST 467' TO THE CENTER LINE OF ABOVE ROAD; THENCE NORTH 45° EAST ALONG SAID CENTER LINE 10' TO POINT OF BEGINNING. ALSO EXCEPT, THAT PART OF LOT 7, MONROE PLAT AS RECORDED IN DEED BOOK (D -253), LYING NORTHWEST OF THE COUNTY ROAD, THE SAID PARCEL OF LAND BEING ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE SET IN CEMENT MARKING THE LOCATION OF THE LIGHTWOOD STAKE SET AS MARKING THE MOST NORTHWESTERLY CORNER OF SAID LOT 7; THENCE SOUTH 45° EAST 634', MORE OR LESS, TO THE CENTER LINE OF COUNTY ROAD (DIXIE HIGHWAY) WHICH LINE IS MARKED BY A PIPE SET IN CEMENT 35' FROM CENTER LINE OF SAID ROAD; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF SAID COUNTY ROAD 178.87'; THENCE NORTH 45 WEST, PARALLELLING THE SOUTHWESTERLY LINE OF 8G-239,_ December 2, 1985, Item 1 Zoning Board ■nil SAID LOT 7, 460', MORE OR LESS, TO A PIPE SET IN CEMENT IN THE SOUTH LINE OF GRAND AVENUE WHICH POINT IS EAST OF THE POINT OF BEGINNING; THENCE WEST 253', MORE OR LESS TO POINT OF BEGINNING; ALSO EXCEPT THAT PORTION OP LOT 7, MONROE PLAT, AS RECORDED IN DEED BOOK (D -253), CONVEYED BY JACK R. GARDNER, ET AL, TO THE CITY OF MIAMI, A MUNICIPAL CORPORATION, BY DEED DATED AUGUST 8, 1947, RECORDED IN DEED BOOK (2913 -237). Upon being seconded by Mr. Arsenio Milian, the motion was passed and adopted by the following vote: AYES: Ms. Basila Messrs. Gort, Moran - Ribeaux, Sands and Milian NAYES: Messrs. Channing, Romero, Freixas and Luaces ABSENT: None. Mr. Perez - Lugones: Motion carries 5 to 4. December 2, 1985, Item 1 Zoning Board 86 '-239M otos /AN Ms. Gloria Basila offered the following Resolution and moved its adoption. RESOLUTION ZB 162 -85 RESOLUTION REQUESTING THE CITY COMMISSION TO ESTABLISH DATES CERTAIN FOR CONSIDERING AN ORDINANCE CHANGING THE ZONING CLASSIFICATION PROM RS -1/1 TO SPI -2 FOR PROPERTY LOCATED AT 3471 MAIN HIGHWAY; APPROPRIATE DATES BEING THURSDAY, MARCH 27, 1986, AFTER 5:00 PM FOR FIRST READING AND THURSDAY, APRIL 10, 1986, AFTER 5:00 PM FOR SECOND READING PER SECTION 3508.1 OF ZONING ORDINANCE 9500, AS AMENDED. Upon being seconded by Mr. George Sands, the motion was passed and adopted by the following vote: AYES: Ms. Basila Messrs. Gort, Moran - Ribeaux, Channing, Romero, Sands, Luaces and Milian NAYES: None. ABSENT: Messr. Freixas Mr. Perez - Lugones: Motion carries 8 to 0. December 2, 1985, Item 1 Zoning Board Mr. Eladio Armesto- Garcia offered the following Resolution and moved its adoption. RESOLUTION PAB 67 -85 RESOLUTION TO RECOMMEND DENIAL TO THE CITY COMMISSION OF AN AMENDMENT TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3471 MAIN HIGHWAY, ALSO DESCRIBED AS BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF TRACT "A" AND THE US HARBOR LINE OF BISCAYNE BAY AS SHOWN ON THE PLAT THEREOF ENTITLED "THE C.W. EMERSON TRACT IN COCONUT GROVE, CITY OF MIAMI, DADE COUNTY, FLA" (35- 61); THENCE N 34 °59'44" E ALONG SAID US HARBOR LINE FOR A DISTANCE OF 66.75' TO A POINT, THENCE N 46 °25'53 W ALONG THE NORTHERLY BOUNDARY LINE OF SAID TRACT "A" FOR A DISTANCE OF 846.10' TO A POINT; THENCE S 43 34'07" W FOR A DISTANCE OF 66.0' TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "A ", THENCE S 46`25'53" E ALONG THE SOUTHERLY BOUNDARY LINE OF SAID TRACT "A" FOR A DISTANCE OF APPROXIMATELY 856.05' TO THE POINT OF BEGINNING AND CONTAINING 56,170 SQ. FT. MORE OR LESS; AND LOT 7, MONROE PLAT, AS RECORDED IN DEED BOOK (D -253), LYING AND BEING IN THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 21, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE POINT IN THE NORTHEAST BOUNDARY LINE OF LOT 7, OF THE SUBDIVISION OF LOT 1, IN SECTION 21, TOWNSHIP 54 SOUTH, RANGE 41 EAST, IN DADE COUNTY, FLORIDA, AS SHOWN ON THE PLAT RECORDED IN DEED BOOK (D -253), WHERE SAID LINE INTERSECTS THE CENTER LINE OF THE COUNTY ROAD LEADING FROM MIAMI TO CUTLER; THENCE SOUTH 45° EAST ALONG SAID LINE, WHICH IS ALSO THE SOUTHWEST BOUNDARY OF A LOT FORMERLY OWNED BY CHARLES 4 MONTGOMERY, 467' TO A POINT 25' BEYOND THE CORNER BETWEEN THE SAID MONTGOMERY LOT AND THE LOT HERETOFORE CONVEYED BY J.W. FROW TO FRANK H. KANEN AND EVELYN M. KANEN, HIS WIFE; THENCE SOUTH 45' WEST 10'; THENCE NORTH 45° WEST 467' TO THE CENTER LINE OF ABOVE ROAD; THENCE NORTH 45° EAST ALONG SAID CENTER LINE 10' TO POINT OF BEGINNING. ALSO EXCEPT, THAT PART OF LOT 7, MONROE PLAT AS RECORDED IN DEED BOOK (D -253), LYING NORTHWEST OF THE COUNTY ROAD, THE SAID PARCEL OF LAND BEING ALSO DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE SET IN CEMENT MARKING THE LOCATION OF THE LIGHTW'OOD STAKE SET AS MARKING THE MOST NORTHWESTERLY CORNER OF SAID LOT 7; THENCE SOUTH 45° EAST 634', MORE OR LESS, TO THE CENTER LINE OF COUNTY ROAD (DIXIE HIGHWAY) WHICH LINE IS MARKED BY A PIPE SET IN CEMENT 35' FROM CENTER LINE OF SAID ROAD; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF SAID COUNTY ROAD 178.87'; THENCE NORTH 45° WEST, PARALLELLING THE SOUTHWESTERLY LINE OF SAID LOT 7, 460', MORE OR LESS, TO A PIPE SET IN CEMENT IN THE SOUTH LINE OF GRAND AVENUE WHICH POINT IS EAST OF THE POINT OF BEGINNING; THENCE WEST 253', MORE OR LESS TO POINT OF BEGINNING; ALSO EXCEPT THAT PORTION December 4, 1985, Item 2 Planning Advisory Board OP LOT 7, MONROE PLAT, AS RECORDED IN DEED BOOK (D`253), CONVEYED BY JACK R. GARDNER, ET AL, TO THE CITY OP MIAMI, A MUNICIPAL CORPORATION, BY DEED DATED AUGUST 8, 1947, RECORDED IN DEED BOOK (2913 -237), FROM A COMBINATION OF MIXED USE AND LOW DENSITY RESIDENTIAL TO MIXED USE. Upon being seconded by Ms. Patricia Kolski, the motion tae passed and adopted by the following vote: AYES: Ms. Kolski and Spohn Messrs. Manes, Lopez, Benjamin, Pedraza, Armesto - Garcia and Simon NAYES: Messrs Gomez ABSENT: None. Mr. Rodriguez: Motion carries 8 to 1. December 4, 1985, Item 2 Planning Advisory Board 86-'23 J KW- December 2, 1985 City of Miami Planning Board Miami, Florida 33133 To Wham It May Concern: Cocoiut Gave - Chamber of Commerce 3437 MAIN HIGHWAY COCONUT GROVE, FLORIDA 33133 Telephone: 444 -7270 The Board of Directors and the members of The Coconut Grove Chamber of Commerce oppose the rezoning of the land adjacent to The Barnacle known as Coimodore Bay. We prefer to see the land acquired and used as a park or other public land. It is our feeling that this action will protect and enhance The Barnacle and Peacock Park. We believe that generations to cane will laud this decision to preserve this bayfront land and the natural hammock on the ridge. Coconut Grove has a delicate charm that could forever be upset by unnecessary rezoning and indiscriminate development. 62 Ed Boen, President t orP■Ne 1 tZt 9: le rontLJ 86-23;x.. 0 ovx • RQ� e��.i4A ti 5 9:29pn. 415 .The Division of Recreation and Parks, 1rc•p .rtment of Natural Resources, manages The Barnacle Slate Historic Site in Coconut (trove. 'i'his property harkens hack to Ilie "Era or the Bay "when early families homesteaded the ridge. As we have stated previously, we want to express our concern for development that may have a considerable lmpactpn the quiet atmosphere the park presently cnjoys is in character with the historic past of The Barnacle. We feel that to endure as a community, the Grove must continue to keep its own distinct personality...based on its past. In addition to potential increase in noise and traffic, we are vitally concerned with visual impacts, since structures taller than two stories would intrude on the historical vi..w . from The Barnacle. Additionally, removal of any tropical hardwood trees should be minimized. Since we have not had the opportunity to review any new proposals, our thoughts are necessarily general in nature and are based on earlier applications. We thank you for considering our thoughts and we continue to appreciate the citizens of Dade County i'or their support uf, and involvement. in, The Barnacle State Historic Site. November 27th, 1985 The City of Miami City Hall 3500 Pan American Drive Miami, FLORIDA 33133 USA re: Situs located at circa 3471 Main Highway, Coconut Grove, Miami, Florida, U.S.A. Ladies and Gentlemen: I am writing to you on behalf of Jean - Michel Cousteau regarding the above noted site. On a recent visit to Miami both he and I became acquainted with the imcortance of the "Barnacle" and its adjacent hardwood hammock. The Cousteau Society is dedicated to the preservation and protection of all life on this water planet. Of primary importance, fran our standpoint, is the condition of the envirarirental legacy we hand down to future generations. Therefore, we feel it is vitally important, for both environmental and historical reasons, that the above site be spared from the encroachment of a growing urban Miami. In our opinion, this area contains many valuable plant species as well as hardwoods that are becoming increasingly rare in South Florida. Of equal importance is the need to maintain the integrity of Florida's natural shoreline. All of us living today share a responsibility to provide future generations with a healthy natural world, filled with the same bounties that we have enjoyed. We ask that most careful consideration be given to the preservation of the "Barnacle" and the adjacent natural coastal hardwood hammock. Thank you for your rrYJri.aYY regarding this issue. Sincerely, Public rents Director Associate Editor The Cousteau Society 1212.d 1 .� MISTIVjw The Cousteau Society Inc 8440 Santa Monica Blvd, Los Angeles California 90069-4221 (213) 656.4422 Telex 89.1233 Coustesu L; •Vity... a eaci. P4- 64 Wa5 51 31 cot. Florida Trust for Historic Preservation, irnc. P.O. Box 11206 Tallahassee, Florida 32302 (904) 2 December 4, 1985 The Planning Board City of Miami Miami, Florida Dear Member: As President of the Florida Trust for Historic Preservation, I wish to request a denial of a use change in the Commodore Bay property. The value of the Barnacle is significant and commercial development is not appropriate abutting it. Sincerely, Sallye Jude President 200 Edgewater Drive Coral Gables, Florida 33133 S6 -23J, 4. (to vv 45% e" Florida Trust for Historic Preservation c. P.O. Box 11206 Tallahassee, Florida 32302 (904) 2 4.8128 December 4, 1985 The Planning Board City of Miami Miami, Florida Dear Member: As President of the Florida Trust for Historic Preservation, I wish to request a denial of a use change in the Commodore Bay property. The value of the Barnacle is significant and commercial development is not appropriate abutting it. Sincerely, Sallye Jude President 200 Edgewater Drive Coral Gables, Florida 33133 86239 g EC1AL TRANSCRIPT REQUEST ` h MEETING DATE: - 7114 eQ I J i / 1 Item: Label #t: No. Tape (s): ,., / aeruet Assigned to: REQUEST DATE: COMPLETION DATE: PROOFREAD & APPROVED FOR CORRECTION: CORRECTED: ( ) Corrected bv• PLEASE FILL IN AS APPROPRIATE: Transmitted under cover memo: ( Handcarried upon completion to: Transcript released upon emergency request, though not proofread: ( ) - Delivered to: Transcript back on R.G.O.'s desk follov.ing distribution: ( ) �.� MATTY . Date. 3/29 A. .da .diat..r. yr► ,Ll/ f While You Were 7ittt 4 ntn M OTIS'SHIVER of .4 -/Ago Phone AREA CODE EXTENSION TELEPHONED j PLEASE CALL CALLED TO SEENOU " wRJ. CALL AGAIN WANTS TO SEE YOU uRGENT - "? . - -' . I RETURNED YOUR CALI] I t. HE WANTS A COPY OF THE MINUTES OF Tu1,VETT.NG Or A V t . k : 1 3 0 5 TO PLEASE CALL HIM BACK. 1144., P,40.44 ouvot4t, Won Office Products EVZLI0 Operator City Clerk J (