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HomeMy WebLinkAboutR-86-0162J-86-50(b) 1 /6/ 86 RESOLUTION NO. S,('I -Iii' ;If,- I A RESOLUTION REVERSING THE DECISION OF THE _ ZONING BOARD AND THEREBY DENYING THE VARIANCE AS LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CPCY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, CR COMMERCIAL-RESII)NNTIAL (GENERAL), TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS AND ARTICLE 20, SECTION 2023, SUBSECTION 2023.4, TO PERMIT CONSTRUCTION OF A PROPOSED COMMERCIAL/RESII)h;N'PIAL STRUCTURE (POST OFFICE PLAZA) AT 3195 GRAND AVENUE, ALSO DESCRIBED AS LOTS 9 THROUGH 20 I.NCLUSIV LESS PORTIONS FOR RIGHT-OF-WAY, BLOCK 2, CHARLES H. FROW SUBDIVISION (13-53) P.R.D.C., AS PER PLANS ON FILE, WITH A + 9.0' MAXIMUM LIGHT PLANE PENETRATION AT + 50.01' HEIGHT ABOVE: GRADE ALONG THE SPI-2/RS-2 DISTRICT BOUNDARY LINE AND PROVIDING 4 OF 8 REQUIRED OFF-STREET LOADING SPACES. LOTS 13 'THROUGH 20 ARE ZONED SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND LOTS 9 THROUGH 12 ARE ZONED RS-2/2 ONE -FAMILY DETACHED RESIDENTIAL. THIS VARIANCE PETITION IS IN CONJUNCTION WITH A SPECIAL EXCEPTION APPLICATION FOR A PARKING STRUCTURE. WHEREAS, the Miami Zoning Board at its meeting of December 16, 1985, Item 2, following an advertised hearing, adopted Resolution ZB 167-85 by a f ive to three veto-, granting the Variance from Zoning Ordinance 9500, as amended, Schedule of District Regulations, Page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4, to permit construction of a proposed commercial/residential structure (Post Office Plaza) at 3195 Grand Avenue, more particularly described herein, subject to certain enumerated conditi,.)ns; and WHEREAS, concerned property owners and neighbors have taken an appeal to the City Commission from the granting of the Special Exception; and CITY C omn.1ISSION NMETIP:C OF FEB 27 1988 RY.S a WHEREAS, the City Commission after careful consideration of this matter nothwithstanding the decision of the Zoning Board, finds that the proposed construction as approved by thy, Zoning Board fails to meet the requirements of Zoning Ordinance 9500, as amended, pertaining to the granting of Variance!3; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The decision of the Zoning Board in granting a Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of. District Regulations, Page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4, to permit construction of a proposed commercial/residential structure (Post Office Plaza) located at 3195 Grand Avenue, described as Lots 9 through 20 inclusive less portions for right-of-way, Block 2, Charles H. Frow Subdivision (13-53), of the Public Records of Dade County is hereby reversed and the application for Variance is hereby denied. PASSED AND ADOPTED this 27th day of FEBRUARY , 1986. XAVIER L. S REZ, MAYOR ATT MA�HIRAI CITY CLERK PREPARED AND APPROVED BY: rw ,: G': " M R A M ER ASSISTANT CITY ATTORNEY APP80 , A,$'" TO FORM AND CORRECTNESS: LUCIA DOUGHERTY CITY ATTORNEY GMM:bss:P053 0 k NMI NOW S- ................. Opp- " 0 5S,:-,A,77omI4WR In VOL A 'V. M-4VIII w 7 W-1,4 -1 is lip: COW 49 .49 .tA-,c. s v 1 9 n 0 o v A s February 27, 1986 TO WHOI'I 1`I' 1111AY CONICI:RN f1,.' IlaI;IC is IsCLS%I hoSs I r ll??l L'. I c,wll the }louse at 3114 i Florida Avenue and aI[I very much agaillSt the planned construction called Post Office I'laza. Besides buincl overly massive for the available land and full of illeqal variations, it puts LIS in all UI1tE'llable pOS1t1Un . Speakinq for myself, I foresee that Illy house could not be sold (who L,'ould buy a residence Under the circumstances?), could not be, lived in (pile drivers 12 hours a day 7 days a week and trucks around the clock), and could not be maintained (taxes would be driven Lip to $10,000 a year). Mr. Fine makes a lot of promises (none to me, he has never approached me) but once given the license to do as he pleases, I believe all property owners would be left swinging in the wind. I am unable to attend the meetings because radiation treatments for cancer have left me without a voice (literally) and without strength. Z Betsy Ross Kramer 3114 Florida Avenue 446-8943 S6-16 \W ieorge J. Acton, Jr., A. I. A., A. I. C. P. , Consultant Architecture, Urban Planning; and Design, ZA)ning 9605 Southmrest 120 Street, Miami, Florida 33176 (305) 233-11,40/1 February 4, 1986 Ms. Janet Cooper Attorney at Law 4014 Chase Avenue i Suite 211 Miami Beach, Florida 33140 Re: Post Office Plaza Dear Janet: In accordance with your request of February 3, the following is a summary of my zoning analysis of the Post Office Plaza which is located in two Zoning District Classifications -- SPI-2 and RS-2/2. 1. In SPI-2: a. Tile allowable increase in floor area for split level uses at ground level should not be granted since they do not meet the criteria set forth in Section 1526.2.2, 4. This section states "...where by reason of a vertical split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk, ...". The upper ground level uses for the Post Office Plaza are not visible from ground level, nor are they directly accessible. b. The yard between the building and the rear lot line of the RS-2/2 district is not in accord with the SPI-2 transitional requirements (Section 1525), which refer to the CR district, items 1 and 2, which state: "1. Where lots in these districts directly adjoin lots in RS-1, RS-2 and RG-1 districts at the side or rear: a. Yard and height envelope requirements along such lot lines shall be as for adjoining RS or RG-1 lots except the light plane shall be 63 degrees and Plane III shall not apply." Since this SPI-2 lot adjoins the rear of an RS-2 lot, and since the RS-2 minimum interior rear yard is 10 feet, the Post Office Plaza building does not meet this requirement. 2. In RS-2/2: a. The parking garage in the RS-2 district requires a special ex- ception. Special Exceptions are governed by Article 26. Class D Special Permits and Special Exceptions; Detailed Requirements. Under Section 2606.1, Findings, it states: 1 AZ 1, Ms. Janet Cooper Page Two February 4, 1986 "In its decision to grant an application for Class D Special Permit or special exception, to grant with conditions or safeguards, or to deny the application, the zoning board shall and the board shall act in accordance with Section 2303, "Special Permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance." Section 2303 contains the following language: "Special permits in relation to zoning shall be issued or denied only in accordance with the procedures, standards, and require- ments of this zoning ordinance... Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, and could not practically and reasonably be made to do so by attachments and safeguards so authorized and limited, _ such applications and permits shall be denied." b. The special exception request in based on Section 2018.2.1 which, among other requirements, states: "...(c) Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any re- maining edges of the lot not adjacent to streets except..." The requested parking garage is a non residential use and under RS-2, non residential uses require a side yard of 20 feet, a Plane III dimension of 20 feet, maximum lot coverage of .43, and minimum livability space of .36. The parking garage does not meet any of these standards, and should have been denied by the zoning board. Further, under the Transitional Uses, Structures, and Requirements of RS-2, it states that a side transition allows the first 100 feet to be occupied by uses permitted generally, or permissible by special permit only, as specified below under the heading "Side Transition." Under Side Transitions, it states: "The following uses are permissible only by Class C special permit: ...2. Office not selling merchandise on the premises. ...4. Offsite parking, permissible only by special permit, as provided in Section 2018. Ms. Janet Cooper Page Three February 4, 1986 The proposed parking garage exceeds the 100 foot requirement, and contains (1) part of a post office which does not meet the standard of not selling merchandise on the premises, and (2) offstreet loading docks which are not a permissible use in the transitional area of a single family district. If you need additional information, please contact me. Sincerely, �,Geol Acton, J . A.I.A., A.I.C.P. 8CE--1G 2 lu q RESUME OF GEORGE J. ACTON, JR. ADDRESS: 9605 S. W. 120th Street, Miami, Florida 33176. DATE AND PLACE OF BIRTH: March 9, 1926; Detroit, Michig EDUCATION: Bachelor of Architecture, University of Michigan, 1950. Master of Urban Planning, Wayne State University, 1964. ORGANIZATION AFFILIATIONS: American Institute of Architects National Council of Architectural Registration Boards Registered Architect in Florida and Michigan American Planning Association American Institute of Certified Planners Florida Planning and Zoning Association PROFESSIONAL EXPERIENCE: .Y 10/1981 to present: Consultant for Architecture, Urban Planning and Design, and Zoning. 1966 to 9/81: City of Miami, Florida, Planning Department. 1977 to 8/81: Urban Design Coordinator. - Project Director for a new Comprehensive Zoning Ordinance. - Urban design studies. 8/68 through 1976: Director of Planning. - Acted as advisor to the City Commission, City Manager, Zoning Board, and Planning Advisory Board on all urban planning matters. - Administered the current planning, advance planning, and special projects divisions of the Planning Department. - Served as City Coordinator for the Model City and Urban Renewal Programs. - City representative on numerous committees including: Urban American Center City Transportation Project; Down- town Miami Educational Complex; Downtown Miami Govern- ment Center (ex-officio); Virginia Key Oceanographic Advisory Committee (ex.-officio). - Initiated a five year Capital Improvement Program, a new Comprehensive Neighborhood Plan, a new Comprehensive Zoning Ordinance and an Environmental Preservation Ordinance as a part of department work program. 3/67 to 7/68: Chief, Comprehensive Planning Division. - Responsible for division activities which included: long-range planning of land use in conjunction with social and economic analysis; community facility planning; social and economic research; population studies including demographic analysis; phases IV and V i; /1"` of the Community Renewal Program (summary of city renewal needs, a program for community renewal, and program implementation). 1/66 to 2/67: Chief, Current Planning Division. Responsible for division work activities which included: preparation of various Federal applications (open space, Neighborhood Facilities, etc.); numerous short planning studies; the Urban Form Analysis of Phases II and III of the Community Renewal Program (comparison of needs and - resources). 1960 to 1965: Meathe, Kessler & Associates, Architects and Planners, Grosse Pointe, Michigan. - Associate. - Participated in all phases of contract document pre- paration including client contact, preliminary and final design, preliminary and final working drawings, specification writing, and field supervision. - Served at various times as Production Manager, Site Planner, Designer, Design Coordinator, and Project Director. - This firm was awarded numerous local and national awards for excellence in architectural design. 1958 to 1959: Wayne State University, Detroit, Michigan. - Architect in charge of complete architectural services for the Wayne State Administrative Services Building complex. This was a three -building addition and al- teration project that housed such administrative functions as Finance, Registrar, Admissions, Counseling, Central Records, Computer Center, etc. 1952 to 1958: Minoru Yamasaki and Associates, Architects & F Engineers, Troy, Michigan. - Served as Designer, Job Captain, Project Director and - Field Superintendent. - This is an internationally recognized architectural firm that has received many international, national and local design awards. 1950 to 1952: Giffels and Vallet, Architects and Engineers, Detroit, Michigan. - Architectural Draftsman and Job Captain. TEACHING EXPERIENCE: 1966 to 1970: Adjunct Instruction, University of Miami, Miami, Florida. - Organized and taught two three-hour courses in City Planning principles and practice. 1970 to present: periodically serve on architectural and planning juries and as a visiting lecturer. HONORS AND DISTINCTIONS: Public Service Award, American Institute of Architects,_1976. Listed in: Who's Who in America, 38th Edition. Who's Who in Government, 2nd Edition. January 17, I98h Citv Commission City of Miami 3500 Prin American I?rivt' Miami, Florida 31131 Re: Past Off ice P1 ir. i 3195 Gr.ind .•tvewit• Coconut Grovt , Fr- P i 3 i 1 3 3 RtQistr.iti,,:i '1 :'.th;>; rt Request f, r .',re.t SLti,1V Dear Members of the We, the undersi.;nu_d, -.1,- hereby reQLster our t-;wpport 'or thty referenced mixed use I,r,itct and respecttully rec,ue;t th�it ti,r riF)proval granted b`.' tl.t t'Lt`.' , Miami !oiiitl'S bo,ir,l .it tht' I iiH i, hearing of December 1148i ht• +11,11eld h•. the t' ,, ;i--in it _;I" lanuary 23, 1986 Ve also request th.it ti;_ l'iT." (a^;'^:is,,i,`II dit't'. t t".t- It1111!Ig .)t'.'.+rt- ment to commence i ;t,,'. for tht purpose o rr; ::1i ::: tl-u Fl,)ri.:.t Avenue properties t,., 1n i:+ (Residential-()ffice) desi_n,ition 1:'.i,-h al lows for deveiopment eiLht:r resident lal or ,,t' L, c' tl;e oI• .i mixture of the two. "-.I- r,• ,nest is made in rec,)t;nit i,--i Of the changing character ,,' t l,t' tie L,,hborhood .ind thv nee ! f-m- h l :intle,i change. ReSpectfullV 5uh:^ittt':i. r -- (.lM.< / 1 j •yV'el )..,le IC% rA CD- 8C:---1a02 \y I Citv of Miami City Commissio. -etter - January l7, 1986 Re: Pest office Plaza Page ? / -A sc.1aM 7)4F4 T r-,RFFn! POST OFFICE PLAZA INFORMATION DECISIONS THAT WILL AFFECT THE RESIDENTIAL CHARACTER OF COCONUT GROVE r�s WILL BE MADE AT THE CITY COMMISSION MEETING ON THURSDAY, FEBUARY 27, __ 1986, THE FOLLOWING QUESTIONS SHOULD BE ANSWERED BEFORE THEN: Why don't the residential neighbors want the proposed Post Office Plaza? Why has the City of Miami Planning Department recommended denial of the variances and special exception applied for? Why would the Post Office want to move into the residential neighborhood when they have a long term lease in the the building they currently occupy? Do the variance and special exception applications, as written address or apply to the plans which accompany them? Were the Zoning laws been applied fairly and consistantly in the review of the Post Office Plaza plans or were the laws bent and broken by the Zoning Department and the Zoning Board (under the not too watchful eye of the City Attorney's Office) to favor more and larger buildings to the detriment of the residential neighborhoods of our city? Who in the city Zoning Department reviewed and approved (excepting the variances and special exception applied for) the plans for Post Office Plaza? . Why, and in whose interest, are our city officials acting? Please read this entire package and get more information from affected citizens. A special exception was approved by the Zoning Board for a parking garage in the residential neighborhood on Florida Avenue and McDonald Street, Coconut Grove. The Post Office and offtreet loading facilities are also located within the parking structure. The plans provide for 312 offstreet parking spaces. The plans indicate that 269 spaces are required. Mr. Ronald Fine, attorney for the applicant and leaseholder or owner of the land on which the proposed development will be built, has stated that he is providing 43 more spaces than required. The plans provide no parking spaces for the Post Office or the theater(s). The Post Office site currently has 79 parking spaces, 37 in a fence enclosed area for Post Office vehicles and 42 for public use. Under the Zoning Ordinance, the Post Office is considered a retail use and a minimum of 31 spaces would be required. In addition, the Post Office would require the landlord, by contract. to provide at least 37 spaces for the exclusive use of its vehicles. Therefore the minimum requirements of the Post Office would be at least 68 spaces. i C IR While the Zoning Ordinance (Section 1528) allows reduction of the required parking spaces "to the extent justified by the timing of peak demands" on spaces for other nonresidential uses, some spaces should be provided for the theater(s). Of the 187 spaces which are indicated to be required for nonresidential uses, 68 are for restaurants; 104, retail; and 15, office. Under the Zoning Ordinance, approximately 67 spaces would be required for the theater before allowed reductions. It is probable that the retail space will be open until 9 P.M., the restaurants much later. That leaves the 15 office spaces for reduction of the theater's requirement. Therefore the minimum required parking for the theater(s) is 52 spaces. The sum of the parking spaces as required on the plans (269) plus the Post Office (68) and the theater (52) is 389 spaces required, therefore, the Post Office Plaza has a shortage of 75 parking spaces. A variance was approved for a reduction of required offstreet loading spaces from 8 to 4. The Post Office currently has loading spaces that can accommodate five (5) trucks, 2 Semi -trailers and 3 smaller trucks. Four (4) of the spaces are in the enclosed loading/parking area on the east side of the building and one (1) is off of McDonald Street on the west side. The Post Office (in letters to Mr. Fine on September 3, 1985, and October 10, 1985) has required at least 3 loading spaces in the proposed building, 2 for semi -trailers and 1 for smaller trucks. Mr. Fine has stated that with scheduling, the spaces required by the Post Office can be used by other tenants of the building. After talking to representatives of the Post Office, both Jim McMaster, president of the Coconut Grove Civic Club, and John Green, a neighbor adjacent to the proposed building, understood that the loading spaces for the Post Office would be for its exclusive use. The Director of Planning, in his letter of December 4, 1985, to Mr. Fine, indicate the need for 3 dedicated spaces. As of this writing, the Post Office has not responded to two written requests for information in this regard. The location of the planned offstreet loading spaces is in the parking structure in the residential district. Offstreet loading is not a permitted use in the residential district Access to the offstreet loading spaces is on McDonald Street. Delivery trucks will be required to back into the spaces less than 200 feet from the signalized Grand Avenue intersection and adjacent to the Florida Avenue intersection. We understand that Mr. Fine has suggested that the traffic lights at the intersection of Grand Avenue and McDonald Street could be controlled from the building. Is this possible? How can trucks back into the loading spaces without creating more traffic congestion? Where will trucks waiting to get into the spaces park? -2- 8co—JL6,�c'. f r A variance was approved for a 9' maximum light plane intrusion at 50' height above grade along the commercial (SPI-2)/residential (RS-2) boundary line. Light planes, yards and height limitations designate space where buildings MAY NOT BE LOCATED and therefore limit the buildable area or portion of a lot where a building may be located on the ground and in the air space. - Light planes lean inward over the buildable area. A light plane starts at Plane II, which is directly above the interior side of the required yard, and continues upward to the maximum height allowed. (See Illustration on page following). The plans for Post Office Plaza indicate a 5' yard at the boundary line. The light plane starts at 12' above the interior side of the required yard and proceeds inward and upward to the roof, 50' above ground level. A cross section view of the plans indicate a 9' intrusion beyond the indicated light plane. However, the view of the 5th floor clearly shows that enclosed space juts out 5' beyond where the 9' intrusion is indicated, resulting in an intrusion of 141. _ The 14' intrusion is obvious when the plans are viewed in their entirety. However, the yard requirement of 5' which defines the origin of the light plane is incorrect. Mr. John Green, a residential property owner adjacent to the planned project, believes that the Zoning Ordinance requires at least a 10'and more likely a 20' yard. This would result in an intrusion of at least 19' and more probably 291. The Planning Department of the City of Miami has recommended denial of the variances and the special exception, stating in part, "There is too much building proposed for the size of the subject property which does not constitute hardship, especially since reasonable use could be achieved with a lesser structure." "The special exception parking structure, as requested, is not in keeping with the spirit and intent of the Zoning Ordinance. The proposed bulk of this structure represents an unwarrented intrusion into the residential neighborhood to the north." In his testimony before the Zoning Board, Mr. George Campbell of the Miami Public Works Department indicated numerous intrusions into the street right-of-way. Mr. Green has studied the Zoning Ordinance and has sought advice and counsel from attorney Janet Cooper, who specializes in Zoning matters, and George Acton, consultant and former head of the Miami Planning Department. Mr. Green has asked Mr. Genuardi, Zoning Administrtator of the City of Miami, for advice and for official interpretations (as specified in Section 2200) when opinions regarding application of the law to the Post Office Plaza plans differed. In his letters of December 24, 1985, and again on February 14, 1986, Mr. Genuardi declined the requests for interpretation (see attachments). li f REQUltCb yAkD ? v d Other "Problems" with the Post Office Plaza plans as approved by Mr. Genuardi and the Zoning Board are: The addition of floor area as indicated on the plans is in error. The grand total indicated on the plans is 157,723; the correct addition of the figures is 160,543. Doesn't the Zoning Department check addition on plans submitted for a building permit? The calculations of floor area are in error. Residential space on the basement, first, second, third and roof levels are not included in the residential totals. Doesn't the Zoning Department check floor area calculations on plans that are submitted for a building permit? It is probable that more parking and loading spaces would be required if the floor area were calculated correctly. The following are clearly violations of the zoning ordinance: The portion of the building in the commercial district exceeds the 50' height limitation due to a laundry located on the roof (Section 2015.1). Mr. Genuardi agreed with Mr. Green that the laundry is not permitted on the roof. Why did he approve the plans when the laundry is clearly on the plans? The parking garage in the residential district exceeds the 25' height limitation due to a parapet wall which is over 8' tall. A parapet wall "shall not extend more than five (5) feet above the roof" (Section 2015.1). Mr. Genuardi agreed with Mr. Green that the parapet wall cannot exceed 51. Why did he approve the plans when the parapet wall is clearly over 8' high? The floor area bonus for "Split Level" access which was approved by the Zoning Administrator should not be allowed. (See letter on the subject dated February 14, 1986.) If this bonus is inappropriately allowed, which is the belief of Mr. Green, the building exceeds the maximum floor area limitation of the Zoning Ordinance. Neither the Zoning administrator nor the Zoning Board are permitted to grant variances from floor area ratio limitations (Section 3101.1). The bonus for "Onsite" parking which was approved by the Zoning Administrator should not have been allowed. (See letter on the subject dated February 14, 1986) Only a portion of the required parking is provided onsite. The remaining parking is provided on the residentially zoned portion of the lot and is allowed as "Offsite" parking under section 2018.2.1. of the Zoning Ordinance. Why have the Zoning Administrator and the Zoning Board usurped the legislative powers of the City Commission? ` Why have the Post Office Plaza plans and the variances and special exception applications in their present form gotten through the Zoning department and into the public forum; the Zoning Department and now to the City Commission? We would like to know. -4- S C - It" )* A- cfo For more information, contact the following interested people: The neighbors: Goldie Clarit ............................... 446-7539 John Daw...... 444-1511 La TanyaDenard ............................. 445-9212 Grady Dinkins ............................... 448-9893 John Green .................................. 443-0359 Collette Raker .............................. 445-3131 Larry Sokol ................................. 442-4726 Elishama Withers ............................ 445-2925 Civic Groups: Thelma Alschuler, Tigertail Association..... 858-2477 Helen Bentley, C. Grove Homeowners & Tenants 444-4598 Jim McMaster, Coconut Grove Civic Assoc. 444-2330 City of Miami George Campbell, Public Works ............... 579-6856 Joseph Genuardi, Zoning Administrator....... 350-7960 Miriam Maer, City Attorney's Department..... 579-6700 Juan Gonzalez, Zoning Department............ 350-7852 Sergio Rodgrguez, Planning Department....... 579-6086 Chief David Teems, Fire Department.......... 579-6300 For the Applicant: Ronald Fine ................................. 358-0375 Laura Howell ................................ 858-5248 Post Office: Woodrow Connor, Miami Post Master........... 591-0251 Jorge Rodgriguez, Real Estate & Bldg Office. 228-2861 (813) -5- W COCONUT GROVE POST OFFICE PLAZA DEVELOPMENT? NO! On Thursday, February 27, 1986, at 6 PM at City Hall at Dinner Key, the Miami City Commission will be hearing an appeal of variances and a special exception for the planned Post Office Plaza development. The hearing was deferred from the meeting of January 23, 1986, clue to lack of time. The commission agreed that the appeal would be the first item introduced after 6 PM. As proposed, Post Office Plaza will cover the property on Grand Avenue currently occupied by the Post Office, Grove Cinema and parking lot (up to the 7-11). A four floor parking garage, including a new Post Office, offstreet loading spaces and the entrance/exit of the parking garage are located on the corner of McDonald Street and Florida Avenue in the residential neighborhood. The building is huge, over 230,000 sq. ft. above ground, including retail stores, offices, hotel, Post Office, theater and parking for over 300 cars. This is larger than the Grand Bay Hotel. The neighbors oppose this development because: . It, and other developments that follow it, will destroy the surrounding residential neighborhood, . It will destroy the peace and tranquility of the immediate area and other surrounding residential areas, It will increase the already existing safety hazards, traffic congestion, litter, noise, crime, and parking problems in the residential neighborhood and the village center, . It will decrease the residential value of the neighborhood, and • IT IS ILLEGAL UNDER THE CURRENT ZONING LAWS. We are not against new buildings in Coconut Grove. We are against buildings which are too large and which will infringe upon the residential character of the Grove. We are against violation of the laws which protect our rights as homeowners. WE MUST PREVENT THIS BUILDING FROM BEING BUILT AS PROPOSED. Call and write your City Commissioners Let them know you oppose the Post Office Plaza project. Xavier Suarez, Mayor 579-6010 Write the Commissioner at: Joe Carollo 579-6007 Miller Dawkins 579-6026 City Hall Rosario Kennedy 579-6005 3500 Pan American Drive J. L. Plummer 579-6000 Miami, F1. 33133 Come to the City Commission Meeting on Thursday, February 27, 1986, at 6 PM at Miami City Hall, Dinner Key, and tell the City Commissioners WE ARE OPPOSED TO THIS DEVELOPMENT! or ZONING FACT SHEET LOCATION/LEGAL 3195 Grand Aveune Lots 9 through 20 inclusive less portions for right-of-way Block 2 CHARLES H. FROW SUB. (13-53) P .R .D.0 . APPLICANT/OWNER Michael D. Kinerk 3174 Florida Avenue Miami, F. 33133 Phone # 448-7361 Dennis W. Wilhelm 3174 Florida Avenue Miami, FL 33133 Phone # 448-7361 Commodore Plaza Square, Inc. P.O. Box 110110 Miami, FL 33111-0110 Phone # 358-0375 Coconut Grove Bank Pension Trust c/o Robert S. Forbes, Vice President 2701 S. Bayshore•Drive Miami, FL 33133 Phone # 858-6666 Charles J . Frow P.O. Box 57 Marathon, FL 33050 Floyd Frow 1049 83 Street, Ocean Marathon, FL 33050 Katherine Frow Ciccone Route 4 Box 977 Summerland Key, FL 33042 Phone # 872-3349 Lillian Frow Orr 6001 SW 117 Avenue Miami, FL 33183 Ronald L. Fine (Attorney for Applicant) 50 Biscayne Blvd, Suite 300 Miami, FL 33132 Phone # 358-0375 ZONING SPI-2 Coconut Grove Central Commercial District b RS-2/2 One -Family Detached Residential Lots 13-20: SPI-2 Lots 9-12: RS-2/2 0 REQUEST Variance from Ordinance 0900, as amended, the Zoning Ordinance of thety of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4 to permit construction of a proposed commercial/ residential structure (Post Office Plaza) on above site, as per plans on file, with a + 9.0' maximum light plane penetration at + 50.OT' height above grade along the SPI-2%RS-2 district boundary line and providing 4 of 8 required off- street loading spaces. This Variance petition is in conjunction with a Special Exception application for a parking structure. RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. There no hardship to justify the requested variances. The required off-street loading stalls need to be provided, and the light plane penetration requirements should be met, particularly in light of the adjacent residential zoning. "',There is too much building's proposed for the size of the subject property which does not constitute hardship, especially , I ince reasonable use could be achieved with a esser"'structure. ,The required off-street f6ading stalls could easily be provided since this is new construction. Although the mixed use type of development is encouraged by the Planning Department, this type of development should be permitted only when all zoning requirements are met. PUBLIC WORKS Require the dedication of the west 12.5' of Lots 12 b 13, the north 5' of Lots 9 through 12 and a 25' radius return at the southeast corner of the intersection of MacDonald Street and Florida Avenue and the northeast corner of the intersection of McDonald Street and Grand Avenue. W. ZONING FACT SHEET LOCATION/LEGAL 3174-90-92 and Approximately 3198 Florida Avenue Lots 9 through 12 inclusive less portions for right-of-way Block 2 CHARLES H. FROW SUB. (13-53) P.R.D.C. APPLICANT/OWNER Michael D. Kinerk 3174 Florida Avenue Miami, FL 33133 Phone # 448-7361 Dennis W. Wilhelm 3174 Florida Avenue Miami, FL 33133 Phone # 448-7361 Commodore Plaza Square, Inc. P.O. Box 110110 Miami, FL 33111-0110 Phone # 358-0375- Ronald L. Fine (Attorney for Applicant) 50 Biscayne Blvd, Suite 300 Miami, FL 33132 Phone # 358-0375 ZONING RS-2/2 One -Family Detached Residential REQUEST Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2.1 to permit a proposed parking structure in conjunction with a proposed commercial/ residential structure (Post Office Plaza), said parking structure to be located on above site, as per plans on file. This Special Exception petition is in conjunction with a Variance application for light plane penetration and off- street loading spaces. REC0101ENDAT IONS PLANNING DEPARTMENT DENIAL.t''The' special exception parking •rstructure, as requested, is not in keeping with the spirit and intent of the Zoning Ordinance. The.proPosed bulk of this structure represents 'fan unwarranted intrusion into the residential leighborhood to the north.- PUBLIC WORKS Require the dedication of the west 12.5' of Lot 12, the north 5' of Lots 9 through 12 and a 25' radius return at the southeast corner of the intersection of McDonald Street A Florida Avenue. DADE COUNTY TRAFFIC b TRANSPORTATION No comment. I a December 4, 1985 Mr. Ronald L. Fine Venture Development Corporation 25 W. Flagler Street Miami, FL 33125 RE: POST OFFICE PLAZA 3195 GRAND AVENUE COCONUT GROVE Dear Mr. Fine: 1 198.5 I was extremely disturbed by your memorandum of November 21, 1985 as supplemented by our meeting of November 25, 1985, because of the long-standing good relationship you have always had with this Department. Your memorandum addressed two issues: 1) the position of the Planning Department in reviewing and advising developers on their projects; and 2) the substance of the Planning Department recommendations on the above -reference project. The Planning Department's objective in working with developers is to assure that the city will benefit from a well -planned project and that developers can benefit from our experience in reviewing several hundred projects annually. I have always cautioned my staff to alert developers when the project may have problems with interpretations, variances, conditional uses and/or re -zoning. Obviously the staff cannot speak for the Director, who is responsible for the department decision. In questioning nW staff, particularly Mr. Luft and Mr. Olmedillo, I find that they have never said or implied to you or your representatives that conformity with Planning Department reviews and guidance was a quid -pro -quo for a Planning Department recommendation for approval for variances and special exceptions. As to the substance of the Planning Department recommendations, while there are numerous excellent planning features of the project, on balance, we recommended denied of the requests, as follows: 1. The special exception request to locate project parking in the RS-2/2 district would seriously jeopardize the stability and tranquility of the residential district. PLAIh`ING DEPARTMENT / 21S N.W. end Street / Miami, Florida 33128 / (30S) $79-6086 Mailin• Addrem . P n Ans 1107MA / Miami. Florida 31211.07114 86-1602 . 2. The request to vary the number of truck loading bays from 8 to 4 is excessive, especially in view of the Post Office need for 3 dedicated spaces. 3. Variance from the light plane regulations is unnecessary, the upper level atrium can still be accomodated while observing the light planes. In summary, while I regret that you may feel that you were misled, I find that the conduct of my staff has been consistent with the Planning Department's obligation to be fair and impartial and to render our best professional judgement so that both the citizens of Miami and the development community are well -served. I trust that this experience will not deter you from considering further development ventures within the City of Miami. Sincerely, Jo Rodriguez rector SR/JWM/td bc: Walter Pierce, Assistant City Manager Jack Luft, Planning Department Guillermo Olmedillo, Planning Department Joseph Genuardi, Zoning Administration Building and Zoning Division Fire, Rescue and Inspection Services 8C-1ii2 0 06 coconut grove civic club po box 381 coconut grove florida 33133 February 9, 1986 Mr. Jorge Rodriguez Manager Field Real Estate PO Box 22725 & Buildings Office Tampa, F1. 33622-2725 Re: Post Office Plaza Dear Mr. Rodriguez: Here is a copy of my letter of January 7, 1986, which was received by your office and apparently misplaced while you were on jury duty. I have also enclosed copies of portions of your letters dated September 3 and October 10, 1985, to Mr. Ronald L. Fine, president of Commodore Plaza Square, Inc. which he submitted to the Zoning Board. Mr. Fine claims that the four offstreet loading spaces will be adequate to service the proposed building. The building has a gross floor area of 160,543 sq. ft. in the commercially zoned district. The floor area of the Post Office, loading spaces and parking structure in the residential area are not included in the above figure. In the commercial district the building includes: Post Office Restuarants Retail Space Office Space Theater Space Residential/Hotel Other TOTAL 3,464 sq. ft. 6,639 sq. ft. 52,110 sq. ft. 30,233 sq. ft. 7,043 sq. ft. 44,517 sq. ft. 16,537 sq. ft. 160,543 sq. ft. Note: Approximately 12,000 sq. ft. of Post Office located in the single family district is not included. Mr. Fine claims that the four (4) loading spaces will be available to all of the tenants of the building on a scheduled basis. From my conversations with you and Woodrow Conner, I understood that the Post Office would have exclusive use of two (2) and possibly three (3) loading spaces. Mr. Green, who has spoken to you, has the same understanding. sc4'�„ 0A- a A Other postal officials have told me that it is standard operating procedure that the Post Office must have dedicated, sole, exclusive use for its loading facilities. Mr. Sergio Rodriguez, Director of the Planning Department of the City of Miami, in his letter of December 4, 1985, to Mr. Fine which outlines his reasons for his department's recommendation of denial of the variances, stated "The request to vary the number of truck loading bays from 8 to 4 is excessive, especially in view of the Post Office need for 3 dedicated spaces." Before the Zoning Board Mr. Fine stated from your letters dated September 3, and October 10, 1985, "There would also be a loading dock to accommodate two (2) semi -trailers at grade level. There would also be an additional loading dock to accommodate a vehicle shorter than a semi -trailer... There is no mention in these agreements of exclusive use." He continued that all deliveries to the building would be scheduled . Do you think that the other tenants of the building will be able to schedule their deliveries? Can the Post Office schedule deliveries for a specific time and then wait in line if the postal truck is late for any reason? Does any other Post Office in the United States allow its deliveries to be scheduled by the landlord? If so, under what circumstances? Under your agreements with Mr. Fine, how many spaces do you require for patrons and Post Office vehicles? The plans provide for 312 offstreet parking spaces, 43 more than the 269 spaces required by the Zoning Ordinance according to Mr. Fine's application. No parking is provided for the theater and office parking has been reduced from 60 to 15 because the building is mixed use. The Post Office site currently has 79 parking spaces, 37 in a fence enclosed area for Post Office vehicles and 42 for public use. Of the 42 public use spaces, 15 are designated for Post Office customers and one (1) for the Assistant Station Manager. Therefore, the Post Office currently has a minimum of 53 spaces. The lawyer and the zoning expert George Acton, former head of the Planning Department of the City of Miami, retained by Mr.Green and other neighbors opposed to the intrusion into their residential neighborhood, believe that Mr. Fine's application underestimates the parking requirements by at least 100 spaces. How many spaces does your agreement with Mr. Fine require for Post Office vehicles and patron parking? (2) a A The neighbors and I are concerned that the additional traffic created by the proposed building will cause unnecessary and unwanted traffic congestion. Mr. Fine's traffic expert, Wilbur Smith and Associates, - has projected a peak -hour (P.M.) trip generation to and from the parking facility of 474 vehicles per hour. This does not include the - delivery trucks which will have to back into the loading spaces which are adjacent to the parking entrance/exit and which are less than 200 feet from the Grand Avenue signalized intersection and which are within the Florida Avenue intersection due to a jog accross McDonald Street. Each truck backing into the loading spaces will disrupt the flow of traffic on McDonald and will likely disrupt traffic on Grand Avenue. Postal officials have told me that Mr. Fine has promised that the traffic signals at the Grand/McDonald intersection would be controlled by postal vehicles to help them back into the loading spaces without creating a traffic jam. Dade County Traffic and Transportation Department, which is responsible for Grand Avenue and McDonald Street has stated that the main vehicular access to the building is too close to the corner. Will Dade County permit the Grand/McDonald traffic signal to be controlled from the building? I think not. What do you know about this? Mr. Fine has stated several times that the drive -up mail boxes will be located on McDonald Street. McDonald Street cannot be made wide enough to accommodate current traffic, parking garage traffic, delivery truck traffic (backing into the loading spaces), drive -up mail traffic, patron drop-off, etc. The area of McDonald where all this is to occur is no more than 50 feet wide and less than 300 feet long. Where do you plan to locate the drive -up mail boxes? Why is the Post Office and its attendant loading and parking facil- ities moving into a residential zoned district? Since I wrote my letter of January 7, 1986, I have learned that a retail postal facil- ity is considered as a commercial use under the zoning law and is not a permitted use in a residentially zoned district. Also, loading facilities are not a permitted use in the single family residential district. From our conversations, I understood that the current space occupied by the Post Office is adequate now and for the foreseeable future and that occupancy is covered by a long term lease. I also understood you to say that to get you to agree to move, Mr. Fine made an offer you could not refuse which included an extention in years at the current rate structure. (3) 6 0 0 Mr. Fine gave a presentation of the proposed Post Office Plaza to the board of the Coconut Grove Civic Club. Upon review of the plans presented, the board voted to oppose the variances and special exception parking structure because the plan did not provide adequate parking or loading facilities and the proposed building would negatively effect the surrounding neighborhood, both residential and commercial. We believe the location of the Post Office, loading facilities and parking stucture in the residential area behind the present Post Office is not necessary, especially in the light of Mr. Fine's ability to redevelop the property entirely in the commercially zoned area. I outlined some of our concerns in my letter of January 7, 1986, and have clarified our concerns in this letter. The City Commission will be hearing the appeal of the Zoning Board's decisions on Thursday, February 27, 1986, and as the proposed building's major tenant, we believe that the information regarding functional requirements in your letter's of agreement dated September 3, and October 10, 1985, are necessary for an informed decision by the Commission. Again, I respectfully request answers to my questions and information on all agreements between Mr. Fine and the Post Office which may affect the surrounding area i.e., parking, loading, drive -up mail boxes, patron drop-off, ingress, egress and other. Sincerely, James G. McMaster President Enclosures: Letter of 1//7/86 Jorge Rodriguez Ltrs of 9/3/85, 10/10/85 Zoning Fact Sheet (2) Sergio Rodriguez Ltr of 12/4/85 cc: Thomas Coe, Director, Office of Real Estate, U.S. Post Office Jerry Adkins, Real Estate Div., So. Regional Off., U.S. Post Off. Dante Fascell. U.S. House of Representatives Honorable Mayor of Miami and Commissioners (4) (�7 N LAW OFFICES Suite 211, Roosevelt Building 4014 Chase Avenue Miami Beach, Florida 33140-3421 February 24, 19B6 1 538-4131 TELEPHONE: (3051 EIMj600 iGpr fpR NfpRMAT/ too N David H. Teems, Deputy Chief Fire, Rescue 9 Inspection Services Department City of Miarni 275 North West 2nd Street Miarni,Florida 33233-0708 HAND DELIVERED Re: 3195 Grand Avenue a/k/a Post Office Plaza Proposal Dear Chief Teems: Thank you for meeting with me to discuss the numerous irregularities in the processing and approval of this application. As you requested, I am putting my comments in writing. After reviewing the application, plans, and the zoning code, I am convinced that, despite the apparent approval of the zoning department, the proposed plan violates the code in several ways. In addition, I have several more questions which I am unable to verify, but which may be violations of the code or errors in cornputat ion. The specific violations that I have been able to identify are as follows: 1. The Floor Area Ratio stated as permitted is excessive. Developer claims, and zoning signed off on total FAR of 2.38 permitted. This allows for the 1.21 FAR (maximum for mixed use buidings) plus maximum bonuses for all categories of bonuses, including 0.30 bonus for "split level uses at general level". The proposal does not qualify for this split level use bonus. Please see attached letter of George J. Acton, Jr. for explanation. See also Section 1526.2. The proposed FAR exceeds the actual permitted FAR (no more than 2.08). This results in an invalid application because no variance for FAR is permitted. See section 3101.1. 2. The yard between the proposed building and the adjoining RS-2 district is incorrectly stated as requiring only 5 feet. The requirement is, in my opinion, 20 feet. See Section 1525, which refers to transitional requirements of the CR district, which in ' F 9 lrr. refers to the yard reauirernents of the R5-r_ distr-rct. RS va, d reou i rement s f -,r rion-res i dent i a l uses (as ar•e pro ac seo here 1 arp i-o feet. See schedule of district regulations. mr. Acton helieves that the reouirernent is for a setback of 10 feet. He r-riclu(-Ies that because the adtoir11n0 PS-2 i.rse is resicPntial, the *-p=rdpntial sethacks aoply to the nor-iresidential uses In the SG'l eistr-ict. See his attached letter. In either case, the s-Astpd renuirernent of 5 feet and the proposed 7 filet are dBOUAtp. In addition, the setback reouirernent determines the c-alc1.1ati-_.n of the light planes. This error in the required yard spthar-k r•psults in ar, error (and increase) in the 1 iaht olane intro.isior, which is the subject Of a variance r,eouest. The a nr3 l i cat i c,ri for variance understates the variance needed t 1, aonrove the plans. In addition, a variance for failure to vr-c-virlp thr. r•eouirPd setback has nett been reauested. 'The nropt-.sa 1 does riot provide, and the stated rea u i rernent s ionore the reouired rninimurn open space requirements in the RS district. See Schedule of District Regulations, pane 1 of G, 'ransitional Uses, Structures and Requirements, which states: "Buildirios cc.ntaining offices or clinics shall have the same minim-rrn Onen space requirements (yards, lot coveraoe, livability roach or oedestr-ian space) and height envelope requirements as Yeol.rired in these districts." See Schedule of District ieg latior�s, page 1 of 6, Mimirnurn Open Soace Requiements for R -?, w', i ch reoui res 20 foot yards for rion-residential uses, a r,•aximurn lot coverage of 0.43, and a mirnirnurn livability or ooen Pedestrian space of 0.36. In addition, the 220 foot yard setbacks a►•e VeMl2red by Section 2'018.2. 1 (c), as explained in Mr. Actori's letter. Nlot only does this proposal grossly fail t-_. meet these rear.rirerneritF,, but the plans were "signed off" by the zoning department without natation of the failure to comply. Therefore. this pronOs,a l is invalid. 4. Uses or-c-Dosed for the RS-8 district are not permitted. See Schedule of District Regulations, Page 1 of 6, "transitional Uses. ct ► UCt ores and Reau i rernent s, which states " I n any res i dent i a 1 cistrict, where lots adjoin at the side, . . .lots in any cc-rirnrercia1 . . . district, such residential lots, or the first 100 feet in width thereof adjacent to such cornmon boundaries where width exceeds 100 feet, may be Occupied by uses permitted oerierally, or permissible by special permit only, as specified below under the heading "Side transition." A. The proposed parking structure, which is permissible by special permit only, extends well beyond the 100 foot 1 imit. Parking beyond 100 feet frorn the common bouricary ihprefar-e violates the use regulations. Use variances may not be o_r•anted. See Section 3101.1. b. In addition, the proposal shows the rnajor portion Of the past office to be located in the RS-.? district. This is riot a pPrrnitted transitional use. See Transitional Uses in Scnedule and Mr. Acton' s letter. C. The proposed loading docks are provost-d to be locatec rr, the RS-2 district, but are not a pemitted transitional 'use. �" t7 iL /9 r•efer-s to the yard requirements of the RS di str-Irt. RS- vai _d r-eo u i t-ernent s f or non-res i dent i a 1 uses ( as are crre7-D^seo here) are ,-'0 frPf?t. See schedule of district regulations. Mr. Acton helieves that the requirement is for a setback of IV) feet. He rc-recludes that bpcai-ise the adtoinina RS-c^ LISP- is r-esicpntia1. the -e=idPritial sethacks soply to the nonresidential uses ire the SG'1 ceistrict. See his attached letter. In either- case, the �t,ztPd requirement of 5 feet and the pr000sed 7 fpet are :radegtrate. in addition, the setback requirement heterrnines the calcuatic-n of the light planes. This error- ire the required yard t?thar--k results ire are error (and increase) in the 1 iaht plane intr,-isicer, which is the subject of a variance request. The anal icstiorr for variance understates the variance needed to aonrove the plans. In addition, a variance for failure to vrc-vlrie the required setback has not been reauested. 7. The oroor-sal does not provide, and the stated reauirernent s iar,or-e the reauired rnireimurn open space requirements in the RS district. See Schedule of District Regulations, page 1 of G, 'r ores i t i aria 1 Uses, Structures and Requirements, which states 1Buildireus containing offices or clinics shall have the same rniroitwim cenerr space requirements (yards, lot coverage, livability oa.ce or• oPdestrian space) and height envelope requir•erner�ts as reouirpd ire these districts." See Schedule of District !iea_,latiores, page 1 of 6, Mirnirnum Open Soace Requiemerits for n, )-?. w',ich repoires 20 foot yards for nori-residential uses, a r,•aximurn lot coverage of 0.43, and a rnirnirnurn livability or open redestrian space of 0.36. In addition, the 2,0 foot yard setbacks ar•e r•eouir•ed by Section 2018.2. 1 (c), as explained in Mr. Acrori's letter-. Nlc,t only does this proposal grossly fail to rneet these r-eauir•ements., but the plans were "signed off" by the zoning der3ar-trnent without natation of the failure to comply. Therefore. this proncesa l is invalid. 4. Uses Dror)oned for the RS-2 district are not permitted. See Schedule of District Regulations, Page 1 of 6, Transitional Uses. St -e_tct uses and Reau i rernent s, which states "Ire any residential district, where lots adjoin at the side, . . .lots in any ce_ererrnercial . . , district, such residential lots, or the first 100 feet in width thereof adjacent to such common boundaries where width exceeds 100 feet, may be Occupied by uses permitted oeree►•a 1 1 y, Or permissible by special permit an 1 y, as specified below under the heading "Side transition." A. The proposed parking structure, which is permissible by spec i a 1 permit t only, extends well beyond the 100 foot l i rni t . parking beyond 1 O0 feet from the common bourreary therefore violates the use regulations. Use variances may not be ovarrted. See Section 3101.1. b. Ire addition, the proposal shows the major portion of the past Office to be located ire the RS district. This is not A permitted transitional use. See Transitional Uses in ScnedulP Fired Mr. Acton' s letter. C. The propOsed loading docks are pr•000r.Pd to be l ocat ec ire the RS district, but are not a pemitted transitional 'use. "'1t7 t �9 3 5r-r, r-eFerences above arid, Mr. Actori's letter. rcPc.1u5e use var i arices are riot a l l owed, Section .3101. 1, this r�rcn^sal is in vial at ion of the code and cannot ra fi�rward as rr•coosed. 5. The heir_aht of the proposed structure in the RS district exceeds the heioht limitations. See Schedule of District c;P--ju 1 at i ons, page 1 of 6, Transitional Uses, etc. , r-es i dent i a 1 districts generally. last sentence, which states, Aside frorn use rpguIatioris and other exceptions or requiernents specified, r-eaulatioris applying generally in the residential district shall araoly on lets or portions of lots in side or rear transitional at -Pas." See Maxir,rurn Height for RS-2, which limits Plane III to P5 feet. The pr000sed parking structure exceeds 25 feet in height, and as such violates the code. Zoning "signed off' on the clans without mention of this violation of the code. G. The cc,mmerits of George Campbell, of the Public Works Deoartrnerit, indicate three additional violations, as follows: Ft. driveway is 10 feet from the base building line; a minimum of 13 feet is required. b. drop-off area of the sidewalk is 2 feet into the rublic right-of-way violating the minimum standard of 5 feet. C. the 35 feet reouired rninimUm distance from the cprfterline of 32 Avenue to the base builing line is not ornV2ced. Drily 32 feet 3 inches is provided, thus reducirjg the setback from 5 feet to 2 feet 3 inches. See attached summary rniniutes for cornmernts of Mr. Campbell. 7. The Reouired parking is understated and the proposed provided oarkirio is therefore inadequate. parking repuirernents are stated in Section 1528, which refers to the schedule of District Regulations for RG-2 ( page 2 of 6) and CR (page 4 of 6). I will indicate my calculations below: Use No. Sq. Ft. Cade No. Soaces Restaurant 6.639 1/100 sq.ft. gross FA 66 Retail 52,110 1/550 sa.ft. gross FA 95 Post Office it-, SPI-2 3,464 1/550 sq.ft. gross FA 6 Frost Office in RS-2 12,500 1/550 sq.ft. grass FA 23 Office 30,233 1/550 sq.ft. gross FA 55 Theater 7,043 1/100 sq.ft. 70 Residential 82 units 1. 1/unit 90 "Other" 16,537 1/550 sq.ft. oross FA 30 TOTAL PARKING SPACES REQUIRED 435 wi nus credit for mixed use Section c017. 7 45 nrir,'_cs rnaximurn credit for theater section 1528(2) 39 (cornouted as remaining office requiernent of 10 "'_Iti t7 sco ZO r 4 Spaces. r1us 29 spaces for post office redoirernent) It is my opinion, though, that no credit for theater should be diver, ber8LIse theaters in shopping centers and mired use buildings generally have daytirile shows PDJUSTED PARTING REDUI REMEN i 351 Note: The above figures are cornputed based on a permitted FAR of Q R_ which does not allow the split-level b� �r,us, i o recompute teased on 2.38 FAR, change each 1/550 soft. to 1/600 sq.ft. In that case the number of r,eouired spaces, in order, are 66, 87,6,21,50,70,90,28, for a total required of 418 spaces minus mixed use credit of 45 and maximum theater credit of 32 (remaining office requirement of 5 spaces, plus 27 for post office), leaving 341 spaces required. the developer claimed, and zoning approved, a statement of 269 spaces reolaired and 312 provided. As you can spe frora the fiuut-es above, the proposal does not meet the reouirernents of the cede. In addition to the above matters demonstrating defects in the application, and the approval thereof, ray review of the plans and file raised the following questions which I have riot been able to answer-. Perhaps upon examination by your department, these issues will show additional defects. 1. Are the net lot area and dross lot area properly computed? J. Is the bonus for theater (Section 1526.2.2(3)), which is stated in terms of grass square feet rather than FAR, pr-operly U—CINDuted, given the gross lot area? 3. Is the Floor Area properly computed? Were roaftc,p uses included? Were residential elevators computed as residential f 1 oor area? 4. Were the loading space requirements properly c_m;outed? 5. Was the light plane intrusion properly computed? Was it _ used on the maximUrn intrusion ( extended balconies crrr the top floor ) rather, than on the minimum intrusion or averane intrusion? 6. Is a laundry a aerrnitted rooftoci use? In addition to the above comments E.,ed questions, there is another irr-eqularity in the processing of this application. As you recall fr-c-m our conversation, apparently these plans were not reviewed by the people normally charged with reviewino plans. a dci not onow what caused this application to receive special tr-eat►ner,t. but believe that it did so. 86_16AZ I r J d OftPr reviewing the above, if you have aYiy QLIPStlnYiS, DIP-Ase not hesitate to contnet me. I will be happy to exhiain my pits i t i on to you or anyone YOU desi onate. "h clients and I very much appreciate the interest t1ave taken In this matter and feel confident that you will correct any errors you find may have occurred. As usual, it is a Dleasur-e to work with you. Very truly yours, LAW OFFICES OF JANET L. COOPER JANET L. COOPER JLC/1.w Enclosures cc: Cesar Odio, City Manager Lucia Allen Dougherty, City Attorney Matti Hirai, City Clerk (for inclusion in the file) - Walter Pierce, Assistant City Manager Sergio Rodgriguez, Director, Planning Department Juan Gonzalez, Chief Zoning Inspector Jahn T. Green George J. Acton, Jr. George J. Acton, Jr., A.1.A., A.I.C.I'., Consultant Architecture, Urban Planning and Design, Zoning 9605 SoutliNwst 120 Street, Miami, Florida 33176 (305) 233-4404 February 4, 1986 Ms. Janet Cooper Attorney at Law 4014 Chase Avenue Suite 211 Miami Beach, Florida 33140 Re: Post Office Plaza Dear Janet: In accordance with your request of February 3, the following is a summary of my zoning analysis of the Post Office Plaza which is located in two Zoning District Classifications -- SPI-2 and RS-2/2. 1. In SPI-2: a. The allowable increase in floor area for split level uses at ground level should not be granted since they do not meet the criteria set forth in Section 1526.2.2, 4. This section states "...where by reason of a vertical split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk, ...". The upper ground level uses for the Post Office Plaza are not visible from ground level, nor are they directly accessible. b. The yard between the building and the rear lot line of the RS-2/2 district is not in accord with the SPI-2 transitional requirements (Section 1525), which refer to the CR district, items 1 and 2, which state: "1. Where lots in these districts directly adjoin lots in RS-1, RS-2 and RG-1 districts at the side or rear: a. Yard and height envelope requirements along such lot lines shall be as for adjoining RS or RG-1 lots except the light plane shall be 63 degrees and Plane III shall not apply." Since this SPI-2 lot adjoins the rear of an RS-2 lot, and since the RS-2 minimum interior rear yard is 10 feet, the Post Office Plaza building does not meet this requirement. 2. In RS-2/2: a. The parking garage in the RS-2 district requires a special ex- ception. Special Exceptions are governed by Article 26. Class D Special Permits and Special Exceptions; Detailed Requirements. Under Section 2606.1, Findings, it states: S- 16 ti Cs Pis. Janet Cooper Page Two February 4, 1986 "In its decision to grant an application for Class D Special Permit or special exception, to grant with conditions or safeguards, or to deny the application, the zoning board shall ... and the board shall act in accordance with Section 2303, "Special Permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance." Section 2303 contains the following language: "Special permits in relation to zoning shall be issued or denied only in accordance with the procedures, standards, and require- ments of this zoning ordinance... Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, and could not practically and reasonably be made to do so by attachments and safeguards so authorized and limited, such applications and permits shall be denied." b. The special exception request in based on Section 2018.2.1 which, among other requirements, states: "...(c) Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any re- maining edges of the lot not adjacent to streets except..." The requested parking garage is a non residential use and under RS-2, non residential uses require a side yard of 20 feet, a Plane III dimension of 20 feet, maximum lot coverage of .43, and minimum livability space of .36. The parking garage does not meet any of these standards, and should have been denied by the zoning board. Further, under the Transitional Uses, Structures, and Requirements of RS-2, it states that a side transition allows the first 100 feet to be occupied by uses permitted generally, or permissible by special permit only, as specified below under the heading "Side Transition." Under Side Transitions, it states: "The following uses are permissible only by Class C special permit: ...2. Office not selling merchandise on the premises. ...4. Offsite parking, permissible only by special permit, as provided in Section 2018. S��a' 162 0 Ms. Janet Cooper Page Three February 4, 1986 The proposed parking garage exceeds the 100 foot requirement, and contains — (1) part of a post office which does not meet the standard of not selling merchandise on the premises, and (2) offstreet loading docks which are not a permissible use in the transitional area of a single family district. If you need additional information, please contact me. Sincerely, G /Geor Acton4J. A.I.A., A.I.C.P. Mr. Jon Channing, a board member, stated for the record that his corporation does have interest with another corporation which owns land in Broward County. One of the applicants for the item before the Board does own stock in the corporation but he, himself, has no financial interest nor any other involvements with the applicant. Furthermore, he stated that this relationship would not affect his independent judgement on the items. Ms. Miriam Maer, the board attorney, advised, based on _ what Mr. Channing stated, that there would be no conflict of interest and Mr. Channing could vote on the item. Mr. Guillermo Olmedillo of the Planning Department first described a brief scenario of the area by stating that the north four lots of the project are zoned RS-2/2, single family. and the remaining lots are zoned SPI-2, mixed use. A park is located northeast of the property and an elementary school east of the property. In reference to the requests, the Planning Department feels the reduction in the number of loading stalls by 50 percent, that is, from 8 loading stalls to 4 is significant. One reason for this is that the post office is proposed to be located in this project and they would require 2 loading stalls for their exclusive use leaving only 2 stalls for the rest of the project to share. The intrusion of the light plane is unnecessary, it is only because the architect wanted to create a better design by introducing an atrium. And the last request for a parking structure on the residential lots in the rear would create a hardship for the neighbors who live on Florida Avenue. Mr. George Campbell of the Public Works Department stated that if the Board should decide to grant the items, the Public Works Department is requesting the dedication of the westerly 12.5' of Lots 12 and 13, the northerly 5' of Lots 9-12, a 25' radius at the southeasterly corner of McDonald and Florida Avenue and a 25' radius at the corner of McDonald and Grand Avenue. Furthermore, Mr. Campbell pointed out that the plans indicate the driveway to be located 10' away from the base building line -but the code requires that the driveway be located a minimum of 13' from the base building line. In regards to the reduction in the number of loading stalls, the Public Works Department agrees with the feelings of the Planning Department. Since the post office is requiring at least two loading stalls for their exclusive use, most likely the delivery trucks for the rest of the building would stop along Grand Avenue rather than going around and trying to get into a loading stall. The sidewalk area along 32 Avenue and Grand Avenue must be done according to Public Work's standards. In addition, the plans indicate the drop-off area of the sidewalk to be 2 feet into the public right-of-way which is 3' shy of the required minimum standard which is 5' along the public right-of-way. Last point Mr. Campbell made was that the Code requires a 35' distance from the center line of 32 Avenue to the base building line; however, the plans indicate a distance of only 32'3", thereby reducing the setback from 5' to approximately 2'3". If this was to happen the end result would be the structures would encroach into the public right-of-way which is not permitted according to code. Mr. Ronald Fine, one of the applicants and attorney for the project, began by saying the project, known as Post Office Plaza, is proposed to be located at 3195 Grand Avenue. He has submitted packets to the Board members which included a letter dated December 8, 1983 from Sergio Rodriguez, Director of the Planning Department, and Mr. Fine stated that this letter supports and encourages this project and its design including the location of the parking on Florida Avenue. December 16, 19 It ms 2 3 Zoning Board4 Z- I r.2 February 15, 1986 Mr. Joseph A. Genuardi Zoning Administrator City of Miami 275 NW 2nd Street Miami, F1. 33128 Re: Errors on Post Office Plaza Plans Dear Mr. Genuardi: I appreciated your quick reply to my questions which were unanswered at the conclusion of our meeting in your office on Monday, December 30, 1986. Since our meeting, I have discovered some arithmatic errors and would like to review with you what we discussed again. Because the residential floor area on the plans, 49,559 sq. ft., is so close to the amount that would require an additional loading space, which is 50,000 sq. ft., I questioned the calculation. These figures do not include residential space located in the basement and on the first, second and third floors (exclusive use elevator shafts, residential lobby, etc.), and the laundry on the roof which would make a critical difference. Your reply was that the calculations were correct. Although I am not an architectural expert, I can add. The subtotals by use are correct, however the grand total of Gross Floor Area is incorrect by 2,820 sg. ft. ACCORDING TO PLAN CORRECTED ERRORS BY USE BY LEVEL BY LEVEL BY LEVEL Restaurant 6,639 First 39,236 41,666 (2,430) Retail GLA 52,110 Post Office 3,464 Second 35,806 35,806 Office GLA 30,233 Third 33,122 33,512 ( 390) Theater 7,043 Fourth 25,466 25,466 Residential 44,517 Fifth 24,093 24,093 Other 16,537 (Errors) (2,820) GRAND TOTAL 160,543 157,723 160,543 (2,820) Please note that no figures are included for the basement (parking) level which does include elevator shafts and stairways which are. countable as floor area (see Section 2012.3), and the area of the residential lobby on the second floor is not included as residential floor area. why? SCE '.. ' 17 is a (0 i February 15, 1986 Joseph A. Genuardi • t.terrors Page 2 I believe it is obvious that there are extensive errors in the floor area calcuIations. What are the correct figures? Since the floor area calculations are incorrect, I believe that the loading space requirements and the parking requirements are understated. Are they? In addition, neither the post office space in the RS-2 district nor the SPI-2 district have been included for calculating the parking spaces required. Yet, the loading space requirement of 8 apparently does include 2 for the Post Office. The current Post Office has exclusive use of 53 (37 for Postal vehicles) of the 79 spaces available on the site. Why would loading space requirements be applied and parking requirements not be applied? What gives the applicant and the Zoning Administrator (by virtue of your approval of the plans submitted) the right to pick and choose which requirements to apply? _ You have required no spaces for the theater(s). While Section 1528 of the Zoning ordinance allows credit for spaces required for other nonresidential uses " toward meeting requirements for the theater to the extent justified by timing of peak demands," more spaces are needed for the theater. Of the 187 spaces which are indicated to be required on the plans for nonresidential uses, 68 are for restaurants; 104, retail; and 15, office. The theater(s) would require approximately 67 spaces. It is probable that the retail space will be open until 9 P.M., the restaurants much later. That leaves the 15 office spaces to be credited to the theater. Therefore, the theater is short 52 spaces. How could you have approved this? I questioned the existance of the laundry facility located on the roof because it is above the maximum height limitations in the SPI-2 district and was not included in the floor area calculations as noted above. You answered that it was above the height limitations but would not be built. If the plans were approved both by you and the Zoning Board, what will prevent it from being built? A parapet wall on the parking structure in the RS-2 district is at least four (4) feet above the maximum allowed. You answered that I was correct and the parapet wall would be no higher than allowed (51) by the Zoning ordinance. If the plans were approved both by you and the Zoning Board, what will prevent the wall from being built as per plan? I have questioned the measurement of the 9' light plane intrusion on several occasions. The plans clearly indicate that enclosed space extends 5 feet beyond the place where the 9' measurement is indicated. Since the plans and the variance application which was prepared from your notes on the plan face differ, what is being approved, a 9' intrusion as applied for, or a 14' intrusion as is indicated on the plans? February 15, 1986 Joseph A. Genuardi Errors Page 3 I also believe that major errors were made in the application of the Zoning ordinance, as I outlined in my letters of February 11, 12, 13, and 14, 1986, (which were rewritten from my letters to you during December, which you ignored) requesting your intrepretations, as follows: 1. Minimum yard requirements in the SPI-2 district have not been met (Letter of 2/11/86). You have told me that the yard requirement is 5 feet along the back of the building where the property adjoins the residential district. The Schedule of District Regulations, page 4 of 6, clearly states that the yard "shall be as for adjoining RS (Residential) lots..." Since the Post Office site adjoins the residential lots at their rear, the yard requirement would be that of a rear yard in the residential district. According to the Schedule of District Regulations, page 1 of 6, there are two different yard requirements depending on use. For residential use, the back yard requirement is 10 feet; for other uses in the residential district, like schools, libraries, recreational buildings, and similar facilities, the minimum yard requirement is 201. The minimum yard requirement on the back of the building in the commercial district is not 5' as you have stated, but is at least 10 feet and more probably 20 feet. Is it 10' or is it 201? 2. The parking structure in the residential district (RS-2) is to be built beyond the 100' limitation placed on transitional uses from the commercial district boundary (ltr. of 2/12/86). The Schedule of District Regulations, page 1 of 6, clearly states that a transitional use can only occupy "the first 100 feet in width" from the side of commercial property. The Florida Avenue wall of the parking structure is 134' from the commercial district boundary. This is obviously a violation of the Zoning ordinance. How can this be without the approval of a variance by the Zoning Board? 3. The parking structure exceeds the maximum lot coverage permitted in the residential district (ltr. of 2/13/86). The Schedule of District Regulations, page 1 of 6, clearly states that the "maximum lot coverage by all buildings shall not exceed net lot area multiplied by .43 " for the residential district (RS-2) where the proposed parking structure is to be located. The parking structure covers approximately 80% of the lot, and is obviously not in accordance with the Zoning ordinance. How can this be without the approval of a variance by the Zoning Board? r+r February 15, 1986 Joseph A. Genuardi Errors Page 4 4. The building as planned does not qualify for the "Split Level" bonus for an increase in floor area ratio (ltr. of 2/14/86). The Zoning ordinance (Sec. 1526.2.2.) states that the bonus is allowed "where by reason of a vertical split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk..." By virtue of a sloping lot, the east end of the building is 2 feet below grade. The only access to the second floor from the public sidewalk (in the portion of the building where the first floor is below grade) is by a stairway which accends over 11 feet and contains 22 steps. This does not constitute "directly accessible." The storefronts on the second level are set back 10 feet from the front of the building to accommodate a walkway. In order to see the second floor storefronts, an average person would have to stand in Grand Avenue. The additional floor area provided by this bonus is approximately _ 22,237 sq. ft. and the building as planned would exceed the maximum floor area allowed by 6292 sq. ft. Your approval of the plans is, in effect, granting a variance. You are not permitted to grant variances (see Sec. 3102) and the Zoning Board is not permitted to grant variances from floor area ratio limitations (see Sec. 3101.1). Your approval of the plans as submitted to the Zoning Board is clearly a violation the the Zoning ordinance. Why have you approved this bonus? 5. The building as planned qualifies for only 37% of the "Onsite" floor area ratio bonus yet you have permitted 100% (ltr. of 2/14/86). The Zoning ordinance (Sec. 1526.2.2.) states that the parking must be "Onsite" to qualify for the bonus. According to the plans submitted, 170 of the spaces required are provided in the parking structure on the residential district which is allowed only as "Offsite" parking (Section 2018). Only 99 (37%) of the 269 spaces required is provided in the building located in the commercial district. Of the 11,118 sq. ft. approved by you on the plans for this bonus, 8153.75 sq. ft. do not qualify under the "Onsite" bonus. Again, neither you nor the Zoning Board are permitted to grant a variance from the floor area ratio limitations of the Zoning ordinance. Why have you approved this bonus? The plans that were approved by the Zoning Board with the variances and special exception parking structure contain all of*the above. A A February 15, 1986 Joseph A. Genuardi Errors Page 5 The applications for the variances and special permit for the parking structure should not have been submitted to the Zoning Board in their present form. I would like to know why you have approved the plans noting only the requirements for variance approval for a 91light plane intrusion and reduction of offstreet loading, and a special permit for a parking structure in the residential district. As outlined above, there are numerous other parts of the plan which are in violation of the zoning ordinance. After speaking with Raphael Rodriguez and Juan Gonzalez in the Zoning Department which you head, I learned that you are the only person in the Zoning Department who had reviewed the Post office Plaza plans prior to Zoning Board hearing. It is also my understanding that that approval of the variances and special exception include approval of the plans on which they are based. Am I correct? As Chief of the Code Enforcement Division and Inspection Services and the designated Zoning Administrator, the citizens of Miami and their elected officials have a right to rely upon your disinterested judgement in applying the zoning law. We have a right to rely upon your knowledge and expertise. Your duties are clearly outlined in Article 34 of the Zoning ordinance. My neighbors and I believe you have been grossly negligent of your responsibilities. I want a written response to my questions by Friday, February 21, 1986. John T. Green 3158 Florida Avenue Coconut Grove Miami, Fl. 33133 cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones Sergio Rodgiguez R1 I i �� (omavw I February 14, 1986 Mr. John T. Green 3158 Florida Avenue Coconut Grove Miami, F1 33133 Dear Mr. Green: Cesar H. Odio City Manager Re: Your letters of February 11, 12 & 13, 1986 requesting interpretation _ This is to acknowledge your letters of February 11, 12, & 13, 1986, delivered on February 13, 1986 wherein you request an interpretation on yards, buildable area and lot coverage pertaining to the proposed - project at 3195 Grand Avenue. Your letters are addressing the same issues which we discussed and which you brought up at the Zoning Board hearing. my position is the same, that interpretations are not necessary. Also, at a meeting with you and your Attorney Ms. Janet Cooper, Chief David Teems and Juan Gonzalez it was agreed that Ms. Cooper would provide us in writing a list of any specific items which concerned you on this project. At that time we would review each item and respond. We have not to date received any correspondence from Ms. Cooper. Chief Teems Walter Pierce G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones Janet Cooper Zoning Division file A. Genuardi P.E., Administrator 8C -140"2 FIRE, RESCUE & INSPECTION SERVICES DEPARTMENT TECHNICAL SERVICES / 275 N.W. 2nd Street / P.O.Box 330708 / Miami, FL 33233-0708 / (305) 3SO-7957 Chief K.E. McCullough, Director / Deputy Chiefs: C.D. Fabyan, D.H. Teems, F. Jordan February 11, 1986 Mr. Joseph A. Genuard Zoning Administrator City of Miami 275 hH 2nd Street Miami, F1. 33128 Re: Interpretation of Transitional Regulations, Minimum Yards, applying to lots in SPI-2 district where they directly adjoin lots in the RS-2 district at the side or rear. Mr. Genuardi: Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 9 of 6, CR. Commercial -Resi- dential (Generally), Transitional Uses, Structures and Requirements states: Except where the use in the adjoining district: 1. Where lots in these RS-1, RS-2 and RG-1 a. Yard and height lot lines shall these districts is permissible within districts directly adjoin lots in districts at the side or rear: envelope requirements along such be as for adjoining RS or RG-1 lots... The Schedule of District Regulations, page 1 of 6, RS Districts, Min- imum Open Space Requirements, Minimum Yards states: Residential Uses: Interior side ............. 5' Interior rear... ... ......10' Places of worship, schools, recreation buildings, neighborhood centers, libraries, museums, and similar facilities: Interior side, rear ....... 20' Based on our conversation in your office on Monday, December 30, 1985, I believe we are in agreement that the property at 3195 Grand Avenue is transitional because it adjoins property in the RS district. We are not in agreement with regard to your application of the residen- tial use minimum side yard of 5'. Transitional regulations are established to mitigate frictions between uses or characteristics of use. They serve to protect the character of the residential neighboorhood; to protect the light, air and visual space which are characteristic of single family residential use. Even within the RS district, permitted generally uses other than residen- tial are required to have larger yards to protect the single family residential character. Qb A -1 February 11, 1986 Joseph A. Genuardi Page 2 The transitional requirements for the CR district clearly states that where CR district lots directly adjoin RS-2 lots at the side or the rear, yard requirements shall be as for adjoining RS lots. The ordinance does not say shall be as for the RS district but clearly states "shall be as for adjoining RS...lots..." while the 3195 Grand Avenue site adjoins the RS-2 lots at its side (because you consider the 8 platted lots to be one lot by virtue of unity of ownership, making the entire site a corner lot), the RS-2 lots which directly adjoin the 3195 Grand Avenue site do so at the rear. Am I correct to conclude that the yard requirement of the RS-2 lots where they adjoin the SPI-2 lot govern the yard reguirement of the SPI-2 lot? For residential use, the rear yard requirement is 10'.If the use were any of the other permitted or permissible uses within the RS-2 district, the yard requirement would be 20'. The apparent question is whether the proposed mixed use structure is like a single family residence more than it is like other structures generally permitted in the residential district. Where the Zoning law is not specific and interpretive reasoning is required, the interpretation should be the more restrictive, in this case, the yard requirement should be 201. I request your official interpretation on what are the applicable minimum yard requirements of lots in the SPI-2 district where they directly adjoin lots in the RS-2 district at the side or rear. I will appreciate your reply within 7 days of your receipt of this request. Sincerely, John T. Green 3158 Florida Avenue Coconut Grove Miami, F1. 33133 cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones ti 3� K V Mr. Joseph A. Genuardi Zoning Administrator City of Miami 275 Nov' 2nd Street Miami, F1. 33128 February 12, 1986 Re: Interpretation of Zoning Regulations applicable to the buildable area for a parking structure on a lot in the RS-2 district which directly adjoins the SPI-2 district at the side. Mr. Genuardi: After receiving your letter of December 24, 1985, which declined my requests (5) for interpretations dated December 6,9, and 10, I met with you in your office on Monday, December 30, 1985, to get the explanations of the various sections of the Zoning ordinance which you offered in your letter of December 24, 1985. Since that meeting, I have thought about your explanations and continued studying the ordinance. I agree with you that Section 2018.2.1. (c) clearly refers to yard requirements for offsite parking on adjoining lots where said lots are in transitional and other areas of residential districts. However, I do not agree that the section in the only part of the ordinance which determines the buildable area on which a parking structure can be located. ■ Section 2005.9. Buildable area, defined; limitations on occupancy states: Buildable area shall mean the portion of a lot remaining after required yards have been provided. Buildings may be placed in any part of the buildable area, but limitations on percent of the lot which may be covered by buildings may require open space within the buildable area. 3S , NO - February 12, 1986 Joseph A. Genuardi Page 2 Ordinance 9500, as amended, the Zoning ordinance of the City of Miami? Schedule of District Regulations, page 1 of 6, RS-1, RS-2; One Family Detached Residential, Transitional Uses, Structures and Requirements, Residential Districts Generally states: In any residential district, where lots adjoin at the side, directly or with an intervening alley only, lots in any commercial or industrial district, such residential lots, or the first 100 feet in width thereof adjacent to such common boundaries where width exceeds 100 feet, may be occupied by uses permitted generally, or permissible by special permit only, as specified below under the heading "Side Transition." Aside for use regulations and other exceptions or requirements specified, regulations applying generally in the residential district shall apply on lots or portions of lots in side or rear transitional areas. Article 36. Definitions, Section 3602. Specific, Transitional Regulations states: Transitional regulations are controls established at or adjoining district boundaries to mitigate potential frictions between uses or characteristics of use. Such regulations, applying generally to buildings and uses within the area described as transitional and thus in effect creating subdistricts, may have the effect of altering primary district regulations by increasing or decreasing requirements or limitations on uses, yards, height, offstreet parking lighting, signs, buffering or screening or other matters. Sections 2018.2.1. Special exception required where lots are in transitional or other areas of residential districts and parking is for uses other than residential within the same residential district states: A special exception shall be required where such adjoining or abutting lots are in the transitional of other areas of residential districts and the proposed parking facility is to serve other than residential within the same district. In connection with such exception, the following particular limitations and requirements shall apply: (c) Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any remaining edges of the lot not adjac, to streets except where such edges adjoin nonresidentia. district boundaries or alleys containing nonresidential boundaries. 00 - A I February 12, 1986 Joseph A. Genuardi Page 3 Section 2005.7. Yard, defined; general limitations on occupancy, states: A yard is an open space other than a court unoccupied and unobstructed by any structure or portion of a structure from forty-two (42) inches above the general ground level on the graded lot upward... The Schedule of District Regulatios, page 1 of Minimum Open Space Requirements, Minimum Yards Residential Uses: Interior side....... 5' Interior rear....... 10' Places of worship, schools, recreational centers, libraries, museums, and similar Interior side, rear. 20' 6, RS districts, states: buildings, neighborhood facilities: My questions which follow relate generally to any transitional situation where commercial district and one -family detached residential district adjoin. Am I correct in concluding that with regard to required yards that a parking structure is more like a "similar facility" than it is like a residence and that the required yards should be 20' side and rear. Am I correct in concluding that any transitional use on an RS-2 lot which adjoins an SPI-2 lot would have to be within 100 feet (for side transition) AND within the yards otherwise required? From your approval of the plans for the Post Office Plaza at 3195 Grand Avenue subject to light plane and loading variance approval and a special exception to permit parking on the residential portion of the site and from our conversation on Monday, December 30, 1985, it appears that you have interpreted Section 2018.2.1.(c) to except all other requirements and limitations with regard to the buildable area of the parking structure. I request your official interpretation on what is the buildable area for an offsite parking structure (as provided in the Schedule of District Regulations for RS-1; RS-2. One -family Detached Residential, Transitional Uses, Structures and Requirements) on a lot in the RS-2 district which directly adjoins a lot in the SPI-2 district at the side or rear. SC-1oti February 12, 1986 Mr. Joseph A Genuardi Page 9 1 will appreciate your reply within 7 days of your receipt of this request. Sincerely, John T. Green 3158 Florida Avenue Coconut Grove Miami, F1. 33133 cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones LR c'"'iK) 3� w-, February 13, 1986 Mr. Joseph A Genuardi Zoning Administrator City of Miami 275 Niti 2nd Street Miami, F1. 33128 Re: Interpretation of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami maximum lot coverage of an offsite parking structure, permissible by special permit, under Transitional Uses, Structures and Requirements of the Schedule of District Regulations, page 1 of 6, for Residential Districts Dear Mr. Genuardi: When I met with you in your office on Monday, December 30, 1985, I asked you what limits the size of the parking structure located in the residential district for the proposed Post Office Plaza. You indicated to me that Section 2018.2.1. (c) is the only limitation on the size. Section 2018.2.1 (c) states: Yards adjacent to streets shall be as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any remaining edges of the lot not adjacent to streets except where such edges adjoin nonresidential boundaries or alleys containing nonresidential district boundaries. Section 2019. Limitations on parking garages as principal use, states: Except as otherwise provided in specific regulations for individual districts, where the principal use of a building is a parking garage, the floor area of the building shall not exceed the floor area limitations established for nonresidential uses within the district. While in Sections 2012.3.1. and 2013.3.2., which define residential and nonresidential floor area respectively, garages (residential) and parking and loading facilities (nonresidential) are not countable as floor area, Section 2019 (above) clearly counts floor area where the PRINCIPAL USE of a building is a garage. The floor area at ground level can be converted to net lot coverage. February 13, 1986 Joseph A. Genuardi Page 2 The Schedule of District Regulations, page 1 of 6, RS-1; RS-2. One -Family Detached Residential, Minimum Open Space Requirements, Maximum Lot Coverage states: Maximum net lot coverage by all buildings shall not exceed net lot area multiplied by .43 (for RS-2). Under Transitional Uses, Structures and Requirements, on the same page, the third paragraph states: Aside from use regulations and other exceptions or requirements specified, regulations applying generally in the residential district shall apply on lots or portions of lots in side or rear transition areas. Am I correct in concluding that the maximum net lot coverage for a special exception parking structure like the one proposed for the Post Office Plaza is limited to .43 times the net lot area? I request your official interpretation on what determines the maximum lot coverage of an offsite parking structure, permissible by special permit, under Transitional Uses, Structures and Requirements of the Schedule of District Regulations, page 1 of 6, for Residential Districts? I will appreciate your reply within 7 days of your receipt of this request. Sincerely, John T. Green 3158 Florida Avenue Coconut Grove Miami, Fl. 33133 cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones 8C;.:.:V 0 Mr. Joseph A. Genuardi Zoning Administrator City of Miami 275 NW 2nd Street Miami, F1. 33128 Re: Interpretation of the Subsection 1526.2.2.4. Ordinance of the City Dear Mr. Genuardi: February 14, 1986 meaning of "Split Level" as it applies to of Ordinance 9500, as amended, the Zoning of Miami. Subsection 1526.2.2. Allowable Increase in Floor Area for Buildings Providing Certain Supporting Uses; Limitations, 4. Split Level Uses at General Level, states: For each ten (10) lineal feet of ground level uses permissible under Section 1523.1, where by reason of a vertical split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk, the floor area ratio shall be increased by .025 times the gross lot area not to exceed a total of .30. By virtue of a sloping lot, the plans for the proposed Post Office Plaza indicate that the ground floor is 2 feet below grade on the east end of the building and approximately 3 feet above grade on the west end. Using some simple geometry, this means that approximately 150' of the ground level floor is below grade and 250 is above grade. The only access to the second level from the public sidewalk where the ground level floor is below grade (approx. 1.25 feet) is by a stairway which accends approximately 11.35 feet above grade level at this point. Am I correct in concluding that this arrangement does not constitute "directly accessible?" The storefronts on the second floor are set back 10 feet from the front of the building. A pedestrian would have to stand in Grand Avenue to see into the second floor store fronts. Am I correct in concluding that this does not constitute "visible from the adjacent public sidewalk?" The additional floor area provided under this bonus is approximately 22,237 sq. ft. and the building as planned would exceed the allowable floor area maximum if it does not comply with the requirements,of the bonus. I do not think it does comply. 8C, -1o2 February 14, 1986 Joseph A. Genuardi Page 2 I request your official interpretation, in vertical distances above and below ground level (for accessibilty) and vertical and horizontal distances free of obstructions (for visibility) which would be considered a split level arrangement, directly accessible and visible from the adjacent sidewalk. I will appreciate your reply within 7 days of your receipt of this request. Sincerely, .oh T. Green 158 Florida Avenue Coconut Grove Miami, Fl. 33133 _ cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalez Aurelio Perez-Lugones February 14, 1986 Mr. Joseph A. Genuardi Zoning Administrator City of Miami 275 NW 2nd Avenue Miami, F1. 33128 Re: Interpretation of the meaning of "Onsite" as it applies to Subsection 1526.2.2.1. of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami. Dear Mr. Genuardi: Subsection 1526.2.2. Allowable Increase in Floor Area for Buildings Providing Certain Supporting Uses; Limitations, 1. Underground and/or Enclosed Parking, states: For each 10 percent of required onsite parking provided in an underground parking structure (the roof of the underground structure shall not exceed 3.5 feet above adjacent sidewalks) or in an enclosed above grade parking structure (with automobiles screened from view) the floor area shall be increased .015 times the gross lot area. The plans on file for the Post Office Plaza development at 3195 Grand Avenue indicate that the floor area ratio has been increased the maximum allowable when only 99 (37%) of the 269 required parking spaces are provided on the commercially zoned (SPI-2) portion of the site. The parking structure in the RS-2 district is "permissible only by special permit, as provided in section 2018," which provides the regulations for offsite parking. Am I correct in concluding that the zoning ordinance considers the RS-2 portion of the Post Office Plaza site to be offsite with regard to the SPI-2 portion? I request your official interpretation regarding whether parking which is permissible as "offsite" parking under the zoning ordinance can be considered "onsite" parking. 8C,--'1u d February 14, 1986 Joseph A. Genuardi Page 2 I will appreciate your reply within 7 days of your receipt of this request. Sincerely, 1�6hn T. Green 3158 Florida Avenue Coconut Grove Miami, F1. 33133 cc: Walter Pierce Chief Teems G. Miriam Maer Juan Gonzalwz Aurelio Perez-Lugones 0 A. .X�M1 LKT The Miami News "- t's3t':'.✓�� Saturday, Do -comber 21, 1985 _r Powars! Kleinberg Editor r ine romance — with no Mosses When the Miami City Commis- slon takes up the matter of Ronald Fines, proposed five -story shop- ping center in Coconut Grove — approved along with special vari- ances last Monday by the . Miami Zoning Board — it ought to ask a critical question. Someone on Kletnber the board 9 should lean forward, stare Fine straight In the eye, and inquire of him why the city should do this for Fine when he already has two major properties in the city of Mi- ami that have been festering — unimproved and Ignored — for more than five years. Tower soon being restored and re- opened as a museum. Feeding the report was the appearance at the front of the Tower '.ate this week of workmen who removed the old sign announcing the building of a hotel and conference center. and began cleaning up. Billboards an- nouncing the hotel remain on the Northheast Second Avenue side. however. if something Is Immi- nent, I will believe it when I see it. Piainly, Fine has not delivered on any of his promises while main- taining two abandoned buildings on our fine boulevard. Against this track record. why should the city allow Fine to fur- ther urbanize already overbuilt Coconut Grove? And why should It allow him a variance to build only half the loading docks required for the building and, more shockingly, a special permit to build a parking garage in the residential neighbor- horud behind his proposed project? It this truly is a "new' city of Miami Commission — in attitude as well as composition -- then it ought to tell Fine to get on with y oppose y fully. Fine s dilapidated building nesses about setting up In a re- what he promised years ago on neighborhood residents. won the will not be picked up by the TV stored Tower. Biscayne Boulevard before he night at the Miami Zoning Board cameras. There also are rumors of the starts on Coconut Grove. 111111111 Fine also bought the Columbus Hotel, next door. in the tame transaction — saying, at the time, that he would keep the Columbus open for at least two years but that eventually it would be demol- ished for a $100 million office -ho- tel project. Seven years later, we hear no more about it. Fine bought the News/Freedom Tower in 1980. Shortly thereafter, he held a reception/press confer- ence in the rouftop dining room of the Columbus, to announce that a 69-story hotel and apartment com- plex would be built behind the News/Freedom Tower. with Hil- ton International and Bank of America backing. Construction would start in 1983. That also did It occupies a premier corner of not happen. downtown Miami, East Flagler The prospect of a convention Street and Biscayne Boulevard. it center and sports arena a few faces Bayfront Park which is un- blocks west of the News/Freedom Fine should be asked why. I1 he dergoing a facelift. 1t faces a beau- Tower enhances Fine's site, but as Is interested In developing his tlful royal palm -lined boulevard recently as last April he told me Properties. he doesn't start with Where. not many nights from now, the future of the Tower was not his eyesores on Biscayne Soule- Miami will put on its best face -for dependent on that. He said. at the vard? a national television audience dur- time, that he has been getting In- Flne pred)ctabf d b log the KInF Orange Parade. Hope- quiries from international busi- � meeting with his proposed $25 million five -story shopping center and office and apartment project that would rise over the bodies of the Grove Art Cinema and post of- fice on Grand Avenue and McDon- ald Street. I use the word would rather than will in describing Fine's plans because would connotes something more conditional and beyond the immediate future. That fits with Fine's track record. When Fine bought the already closed McAllister Hotel from Mau- rice Ferre in October 1978. he said he would either reopen it or tear it down. Neither has happened in the seven years he has owned the old hotel. 0,-. ?B The Miumi Ilcrald / Wednesday, December 18, 1985 High-rise 0Kd on Site of Grove Art Cinem-a By EVELYN HERNANDEZ It, P. S.uff 'Writer A fancy, five -story Mediterranean building with shops, restaurants, offices and apartments should replace the funky Grove Art Cinema and post office in Cocom:t Grove, the Miami Zoning Board has cecided. . The board approved proposal for a $25 rrUlion project, to be called Post Of- fice Plaza, at the corner of Grand Avenue and McDonald Street, %%here the movie theater and post of- fice are located. The post office will be relocated in the plaza. Some Grove res- idents said they will appeal the de- cision. They spoke fern ently against the project during the 2 y,-hour hear- ing Monday night, saving it will add to the congestion of people and cars in the Grove. ..Fm going to do everything required to prevent this build:ng, as planned, from being built," said John Green, of 3158 Florida Ave., a leader in the movement to stop the development. Green's house is directly behind the proposed project. Fine said the pmject would bring "medium -lev- el" retail stores to the Grove, in contrast to some of the high-priced shops that exist there now. "There's an absence of the kinds of things people themselves need in the community," Fine said. developer Ron Fine's A hand count shoved that 17 people favored the project, while 3G were against it. Fine wanted and got a variance to have four Grove high-rise gets zoning OK S)I OPS /from JB loading docks in the rear of the project, instead of the eight that were required. Fine also won a special -excep- tion permit to build a parking garage in the residential neighbor- hood on Florida Avenue behind the project. The board voted 5-3 in favor of the project both times. Osvaldo Nforan was absent. The City Commission must still consider the matter. David J. Alexander, executive director of the Coconut Grove Local Development Corporation, spoke in favor of the project, saying that Fine has promised to i;ndude three minority owned businesses in the Post Office Plaza. Fine also promised to hire blacks to the management staff, Alexan- der said. He said the project would help people in the black Grove neigh• borhood west of the Central Grove area where Post Office Plaza would be built. Billy Rolle, an activist in the black Grove, disputed Alexander's statement. He said the project would only help the black Grove it it was located In the area of Grand Avenue and Douglas Road, the neighborhood's main Intersection. The city planning department recommended against the change, saying It would intrude Into the residential neighborhood. F-c---110 �: �6 1 e`%V v1*11age,- 18-. anne �.. in t h e G r` *� e", B • EVELYN HERNANDEZ rl ra►d swtf u'rtcr► Coconut Grove's continuing transformation from zany village to sophisticated center is gaining another convert. A developer wants to tear down the landmark Grove Art Cinema and adjacent port offlce. In their place at the corner of Grand Avenue and McDonald Street, developer Ron Fine wants to build a five -story Mediterranean village of shops, maAe theaters, restaurants and apartments. '' i He faces determined opposition from people who live directly behind the proposed $25 million project, to be called "Post Office Plaza." Neighbors say the project would Increase 1*dectrlen traffic, exacerbate auto traffic and create parking problems on McDonald Street ano Florida Avenue. "We're scared to death," said John Green, whose back yard at 3158 Florida Ave. would be five feet from the project. "tile want our neighborhood. We want to live here. We're just tired of the expansion that's happening" "We're going to overpopulate the land with buildings, cars and said Grady Dinkins of 320I Florida Ave. Miami city planner Guillermo Olmedillo said the planning de- partment will recommend denial of two variances and a special exception permit Fine needs to build the project. "Regardless of the fact that you are creating some benefits, you are placing some burdens on a redden - atrium, and there will be a clock until Dec. 16 at Fine's request tial neighborhood," Olmedillo said. tower at the corner of Grand • because not all zoning board Fine said the project's 312-space Avenue and McDonald Street, members were pfesent. underground garage would mini- facing Commodore Plaza. The Grove Art Cinema proprietors mlze parking problems. He said building would occupy 400 feet on Richard and James Fendelman, the project would provide open Grand Avenue and 280 feet on who are brotHers, said they have plazas, 15-foot wide sidewalks, McDonald Street. not'made a decision about Fine's reasonably priced stores and af- To build the project, Fine needs:' offer that they run the three fordable apartments. • A variance to have four theaters planned for the plaza. "We recognized the Grove vil- loading docks in the rear Instead Fine said the Fend elmans ' have lage atmosphere and attitude of the eight that are now required, about six years remaining on their when we designed this," said e A variance allowing the 20-year lease: s.rchitect Larry Beame of Ko- building to penetrate the "light Jorge Rodriguez, general man- ber/Belluschi Associates. plane" by 9 to 12 feet. The light ager of the U.S. Postal Service Besides the garage, the plans plane is a zoning designation field real estate and buildings call for the post office and meant to prevent the blocking of office, said the post office would sidewalk cafes on the first floor. sunlight. continue leasing space from Fine Also planned are shops on the first 9 A special exception permit to In the new building. The post and second floor. offices on the build the parking garage In a office area will -go from 12,00fl third floor, apartments on the residential neighborhood. square feet to 16,000 square feet, fourth and fifth floor, and a The matter was to be heard at Rodriguez said. It$ 20-year lease. rooftop cafe. Monday night's Miami Zoning which expires in 1990, would be The top three floors will have an. Board meeting but was postponed extended until 2025, he said. lTo: Mayor Suarez and the members of the Commission 71IE RESIP-WrS OF COCCWT GRWE, IN 71 E CITY OF MIAMI, REQUESTINTtIAT YOU UVERIICR�E WEWE11CI'ICxIS 'I'AKkN BY TIIE CITY OF MTAMI ZONG BOARD ON ODCFIr43ER 16, 1985. WE �Y OPPOSE Tf iE DE RE AND OONSI'RUCTION OF TEIE PROPOSED POST OFFICE PLAZA C1E1 NTfiE U.S. POST OFFICE SITE, ON "IE NORTH SIDE OF GRAND AVENUE AT THE INTERSECTION OF MCDONAID STREET AND GRAND AVENUE AND 'I1IE Q 3100 BLOCK OF FUDRIDA AVENUE FOR Tf IE F OLH)WING RFASONS : IT WILD : 1. INCREASE TiiE ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGESTICN, LITTER, NOISE AND CRIME. 2. SET TRETID OF ENCROiPO HENT IN 0'I1 IER F S I DENTIAL ARF11.S . 3. INCREASE DESTRt)CTICN OF ICME t*J RS' PROPERTY. 1i � Y:- t - D @M1E3PSPROPEWY IN T11EIll-WIATE AND SURROUNDING AREAS. 5. THE PARKING S )MJRE OF FLORIUA AVENUE WILL DESTROY NOT ONLY THE PEACE AND TRANQUILITY OF THE INME DIATE AREA, BUT OTHER S<JF KWT)IIVG RESIDENTIAL AREAS. NAMEADDRESS A&E 7U4b'2ae_ 3.lf7 **E4,wjvAl 4*1,AC. Y Vw/ f WE, THE RESIDENTS OF COCONUT GRDVE, IN 'DIE CI7Y OF WAMI, REQUEST 'nIAT YOU �JLE TIJE ACTIONS TAKEN BY Z'fIE CITY OF MIAMI ZONING BOARD CN DECEMBER 16, 1985. WE S' IMMY OPPOSE 711E DWELO MENT AND OONS`rRUCTION OF WE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON THE NORTH SIDE OF GRAND AVENUE AT i THE INTERSECTION OF MCDONALD STREET AND GRAND AVENUE AND WE 3100 BLOCK OF FIARIDA AVENUE FOR 711E FOLLOWING REASONS: IT WILL: 1. INCREASE THE ALREADY EXISTING SAFETY HAZARD, TRAFFIC C iGESTION, LITTER, NOISE AND CRIME. 2. SET TREND OF ENCWPOMENT IN 0111T Ri�.gIDE21rIAL ART.AS. 3. INCREASE DESTRUCTION OF I{OMF]OPd LTJS' PRDPER`T'Y. 4. DECREASE VALUE OF IiOMMWERS' PROPERTY IN WE DMEDIATE AND SURROUNDING AREAS. 5. ME PARKING ST U)C'I M OF FLORIDA AVENUE WILL DESTRDY NOT ONLY THE PAND TRANQUILITY OF TIE IMMTATE AREA, BUT MER SURROUNDING RESIDENTIAL AREAS. ADDP= 2' rage —IN-0 W.39M 13r'-;r x WE, Tim RESIDENTS OF C)OC.mir GRDvF,, IN TIIE CITY OF MIAMI, RWW.ST II IAT YCU MERRULE 7l iE ACTIONS TAKFN BY 'Il [E CITY OF MIAMI i ZONING BUM CN DE)CEMER 16, 1985. WE SI'R[-WLY OPPOSE 111E DEVELOPMENT AND coNsTRUCTICN OF WE PROPOSED POST OFFICE PLAZA ON 111E U.S. POST OFFICE SITE, CIN WE NOFMI SIDE OF GRAND AVENUE AT THE INTE RSE CTICN OF NCDONAID STREET AND GRAND AVENUE AND 111.E 3100 BUXX OF FLDRIOA AVENUE FOR 711E FOLLIJWING REASONS: IT WILL: 1. INCREASE THE ALREADY EXISTING SAFETY RAZARD, TRAFFIC C TICN, LITTER, NOISE AND CRIME. ( 2. SET TREND OF ENCIOAC'IMT IN 0'Il iER RES I DENTIIIL AREAS. 3. INCREASE DESTRUCI'IC IN OF IUMEOWERS' PROPEIM- I 4. DECREASE VAIJJE OF 1" DUANERS' PROPERTY IN 711F. RVMINFE AND SURFO"ING AREAS. 5. 111E PARKING STR1lC PURE OF FLARIDA AVENUE WILL DESTRDY NOT ONLY WE PEACE AND TRANQUILITY OF THE IM4EDIATE AREA, BUT (MlER SURROUNDING RESIDENTIAL AREAS. NAME =� ( i 11 ADDRESS P &E V L/yL-ii�29 33 ��,��,� 4 - �'���. �..._ � �E �. �.c',�-►�.�_ mac. �7y/-�7� r WE, THE RESIDENTS OF COCWUr GRCNE, IN TIC CITY OF MI11MI, ROQUEST VAT YOU 0VERl?ULE TILE ACTIONS TAKEN BY WE CITY OF MIAMI ZONING BUM ON DOCEMIDER 16, 1985. WE SIT C7NGLY OPPOSE TILE DEVEI4IMH AND CONSTRUCTION OF 'I11E PROPOSED POST OFFICE PLAZA ON TILE U.S. POST OFFICE SITE, ON 'I11E NORIII SIDE OF GRAND AVENUE AT WE INTERSECTION OF M DONAID STREbT AND GRAND AVENUE AMID 711E 3100 BUCK OF FWRIDA AVENUE FOR 711E: FOW)WING REASONS: IT WILL: 1. INCREASE TILE ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET 'TREND OF EMROM1IR`tENT IN 011MM RESIDENTIAL AREAS. 3. INCREASE DESTRUCTION OF IICHDCJ4dIMS' PROPERTY. li -KY. 4. DECREASE VALUE OF I aMIERS' PROPERTY IN TILE DMMIATE AND SURROUNDING AREAS. 5. THE PARKING S!TRU TURE OF FLORIDA AVENUE WILL DESIWY NOT ONLY 11IE PEACE AND TRANQUILITY OF ME IMMEDIATE AREA, BUT (M ER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS Ii i NE .,7 E��!1 .t�''7Y'•�2 �C%c �'.L1e 3 5l ,� 3 Ss sr- 7/8'7 6 Ila 4 i ).1 3— 'mil' ,- 1ea2 WI•;, 'I'ilf; Itl;`;lli;.� t� OI' C'(X'(al1�l' (;fYN(:, I1J 'fill, CI'I ' MIMIT, lo-- Xlusw '111HV Y(XI TAKIN BY CITY 0P MWIT '!.(R4114(; I;(►l�Id) UiJ 171i'1r1111:12 1(i, 1�05. Wf, ti1'f��(•k. N 01'I'OSL•' DI:VI•:IOI't•U.1" Nil) CON.VIP .171.1 OF '11C: C'It()l'U5Ix) I'cx~r OI;VICE PrAZA ON '1111, U.S. I'OSI' OI•TICG SI'I'1;, (w '1im NOIY[11 SIDE OF C(?NIT) AVI-24U[•; AT ,111E I1`P1T12.SI1C1'IC►V OF WIXXiAI D STRE1 r IVD GItm) AV17•IUI'� AND WE 3100 BLOCK OF FLORIDA I%V1•NU['s POR '111I' F01,1rAgI ` ; RI'.AckNS: IT WIIL: 1. INCRFA.SE WE' Ar.Pr'11hY E:XISI'ING S11F[s'1'Y II ML d), TRAFFIC CONGIv 10N, LI'iTE:R, NOISE AND. CRIME. 2. SEr TREND OF nrROI\LIITUNT IN 0111I.11 RL5IDE21r711L AREAS. 3. INCREASE DFS'IT.WrION OF I10[`L';3tWRS' PROPEIM . 1 i 4. DWREASE VAIkT-j OF I"tiXXVTTPRS' PRDPI;RTY IN TILE INMI'DIATF: AND SURROLIND114G AREAS. . • I 5. 711E PARKING. STR[X.'IVRE OF FLORIDA AWNUC WILL DFSMY NOT ONLY TIM PF110E: AND TRANQUILITY OF TIIE IMMEDIATE 11RFA, BUT OTHER SURnO LADING RESIDENTIAL AREAS. NAME W/ /// /err S�- ADDRESS 3y�8 a* c la5 4ve 111 'ffil, 111 11111 1 ill, I I I OUR 7c ai I R. �Tw IF m." Di.. A OF CTX-10?[' GO)V, 114 limll: cul'A'., HlAtll., 1d,XXIE.5'r 'I1VVf YUJ (All-IMUU.- Till-: N-11(giS TAWT1 BY CITY Or MrMt[ 7,(-X4]N(; I30AId) M D11.1,11111-:11 16, 19115. WE f7I'IT(JG1-Y qlm DE1,011-`LIVV A14D (.X)N,'-N'RlU1'1(X1 OF PfUl".;f-D RKSIr 01.1"ICE, PTAXA CU 11IL Uillif% VOSV 0r1710-1' SITE', ON '111P. fKRill Sllt)[-; OF GRAND AVI-24113 AT IIIE 1Nl`11,Tr)r17PI0N OF fillM14AID EN'REI-T AND Gl;VTff) AVIZAA-A' Nil) 11113 3100 i3wcior. RORIUA AVI-241JE FX)R 111FA VOLUWING RfUlilli IT WILL: INCUrASE 1112 AMW)Y MISTING SAFV1`Y 11A7JMj ITW-TIC CON =-ION, 1,1717E.11, NOISL AND 0U.1iiiiE. 2. S17Jr 77ti ND OF E211CIn"Clitili IN 0`11flM 1U",1DI-21VIAf-t ARrA13. 3. INCIZEASE DE91"RUCHON OF 1Kf11'nCqM' PIrPEI-UY.-TA 4. DE)CIT-ASE vATjjr. oi;, 1K74EU,1t1I'J2.S' PROPERIN IN '111E DM-DINM, AND SUIU(M)ING ARDi 5. TIIE- PARKITIG SIRLMIRE OF FfORIDA AVM)Ij WILL DEl' NOT ONLY Ti Pr- AND 1TWUILITY OF ill. DMD1A`1'L ARF-1k,, DUr On M SUPIULMENG RESIDENTIAL AREM. XIY%Mn Allnr)LC!C 'A"Ji" 0,1) v IA ""A WE, Tim RESIDENrS OF coc oNur GRovE, IN vE CITY OF MI11ML, REQUEST TIMT YOU OVERRULE TILE ACTI(NS TAKIN BY WE CITY OF MIAML ZONING bUM ON DECEMBER 16, 1985. WE STRJX7,Y OPPOSE TfIE DEVFMPMENr AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ClN 1I1E U.S. POST OFFICE SITE, ON WE NORIif SIDE OF GRAND AVENUE AT THE INPERSOCrICN OF "01NAID STREET AND GRAND AVENUE AND 711E 3100 BLOCK OF FWRIDA AVENUE FOR THE FOLLOWING REASONS: IT WILL: 1. INCREASE TfIE ALREADY EXISTING SAFETY IiAZARD, TRAFFIC CW=IGN, LITTER, NOISE AND CRIME. 2. SET TREND OF EIJC ICAO HENT IN 011 R RESIDENTIAL ARrAs . 3. INCREASE DESTRUCTION OF I M M4ERS' PROPERTY. ji 4. DECREASE VAIdU)±: OF FKC ECJWNERS' PROPERTY IN TILE DMmIATE AND SURROUNDING AREAS. 5 . THE PARKING STRUCTURE OF FIARIDA AVENUE WILL DESTROY NOT ONLY WE PEACE AND TRANQUILITY OF THE MATE AREA, BUT 001ER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS PEIE (n f o / > '7(,G7 - _ k'L�J w) e..__ ��.1C� � l,J q-9 1 IAA o Cu C1!7j1:' m 11w: ('I-1,yi*. Idl-01'.111i, IUUVII YCA) (M-1114HE '1111: 14-711(ld'S TA1,111 BY 'L711v.' CITY OF MrAtir MIMG rMiJ) (11 D1.1-1j'1111-:11 16, 19115. W.: DINIAMMI'M IVID Cy-fl-';HU.�11M OF '1111; 1,0117r 01-110E PLAVA ON '1111; U.,",. IX)Sl' Ot:-FJCl: (14 'Illf-j- MV111 SWE OV Cfmo AVI-vtjo N1, '1111' INH-31SWNUI ON 1-1:1f)VAID STRI-'ET AND Gf?j'VT) AN V[-JI-.' AN) 711E 3100 BfaK Or FLORMA AVI-14U11.1 FOR Mr. W111MING PERSONS: IT W1 1J,: 1. INCHFASE: 11M. AlPEADY EXISTING SAM-71Y HAMM, navi c ca\vEgrf cjNj, LN'11-11: NOISH' AND CIUME. 2. sux Ild-AND OF IN 0`111ER FUZIMMIA!, API:76. 3. locinvejE Drsmucrial OF PPOPERN. 11 4. DFrtu.'Asr. vArjjr oi., nam.a.ttirps, prd)t)[-:fzjy pi UIMI)MIT.' ma) SUlMXPND1NG N&AS. 5. 71113' PAWRK; M'RUCRJfU-. OF HOUMA AVUlail-h' Wlf.fj D[-Sl'[,)OY NOT ONLY WE PEACE MD 11W, M-mury OF mr, INNUIMME AREA, BUV U1111-:11 SURnoUNDING RRSMENNAr, AMPS. AMfd-'SS ejq F, VT 4q 4u-7 253 13 3 6o 7 - C, 4 --2- ZA C'—O -A I .-IF :4 00, oo r IF i "Ad _•�/ S �1�'��I�l��fiL�JY'lT�iGt✓�����rr�rv.��.� r�rr. ,tny 1 -_ - - 0-' �� 'a 4 f 0 c+Gc�ae �f 3 r r,b VIA 1/ WE, ME RESIDENTS OF COMM GROVE, IN ME CITY OF MIAMI, REQUEST THAT YOU OVERRULE WE ACTICNS TAKEN BY THE CITY OF MUVU wN LNG BOARD ON DECEMBE R 16, 1985 . • WE STRONGLY OPPOSE THE DEVELOM NT AND CONSTRUCTIGN OF ME PROPOSED POST OFFICE PLAZA ON Tiff U.S. POST OFFICE SITE, ON WE NORTtf SIDE OF C WZD- AVENUE AT THE JUJI tSEMCN OF M MD STRUT AND GRAND AVENUE AND THE 3100 BLOCK OF FLORIDA AVENUE FOR 711E FOLLOWM REASONS: IT WILL: 1. INCREASE ME ALREADY EXISTING SAFL'TY ifA7.ARD, TRAFFIC CONGESTION, LATTER, NOISE AND CRIME. 2. SET TREND OF arRop :Tmm IN mmER RESIDENTIAL AREAS. 3. IWRF.A.SE DESTRUCTICN OF f KI 0 WNE RS' PROPERTY- I 1 � ( ! 4. DECREASE VALLE OF 1f0KWWNER.S' PROPERTY IN T[lE IMMEDIATE AND SURROUNDING AREAS. 5. TiiE PARKING STRUCTURE OF FIDRIDA AVENUE WILL DE 91MY NOT CNLY 111E PEACE AND TRANQUILITY OF WE IMMEDIATE AREA, BUT OnfER SURRD(NDING RESIDENTIAL AREAS. NAME ADDRESS I.. Adc J 19 �o 2l 43 • �7 36 31 i 33 3s, J l f- r � WE, 711E RESIDENTS OF C-10CUIr GME, IN 111E CITY OF mmi, REQUEST THAT YOU MER[JLE 111E ACTIONS TAKEN BY WE CITY OF MIAMI ZONING BUM ON DECEMBER 16, 1985. WE STROINGLY OPPOSE 711E DEVELOPMENT AND C lOtM RUCTION OF 711E PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON UlE NOR'I41 SIDE OF GRAND AVENUE AT WE INTERSDCTIC IN OF WDONAID SWEET AND GRAND AVENUE AND 711E 3100 BLOCK OF FIARIDA AVENUE FOR THE MLIAWING REASONS: IT WILL: 1. INCREASE 111E ALREADY EXISTING SAFETY HAZARD, TRAFFIC C rION, LITTER, NOISE AND CRIME. 2. SET TREND OF ENCROMMr IN O DER RESIDENTIAL ARFAS. 3. INCREASE DESTRLX.TICN OF tUA DOWPIERS' PROPE M . xv1 Y' ' 4. DECREASE VAl-[ E OF 11CM•NERS' PRCPMrY IN T11E IWMIATE AND SURROUNDING AREAS. 5. 711E PARKING STRUCTURE OF EWRIDA AVENUE WILL DESI'RO`Y NOT ONLY WE PEACE AND TRANQUILITY OF THE LWEDIATE AREA, BUT 0111ER SURROUNDE"A"t RESIDENTIAL AREAS. NAME ADDRESS PI&E M 33 S4 36 1w ft '" s WE, T11E RESIDENTS OF MOW" GROVE, IN 111E: CITY OF MIAMI, ROQUE ST THAT YOU OVERRULE ME ACTIONS TAKEN BY ME CITY OF MIAMI ZONING D0kRD ON DElCEMBER 16, 1985. WE STRONGLY OPPOSE 111E DEVEIAPMENT AND CONS'MJCTION OF THE PROPOSED POST OFFICE PLAZA ON 711E U.S. POST OFFICE SITE, ON 11IE "Ill SIDE OF GRAND AVENUE AT 711E INI ME MON OF NCDONALD STREET AND GRAND AVENUE AND THE 3100 BLOCK OF FIARIDA AVENUE FOR 711E FOLI0iING REASONS: IT WILL: 1. nlCRFASE WE ALREADY EXISTING SAFETY TW-ARD, TRAFFIC CWGESTIGN, LITTER, NOISE AND CRIME. 2. SET TREND OF . ENCRat1CT MT IN 01110 M MEA1rIAL AREAS. 3. INCREASE DESTRUCTION OF IKHOOMERS' PROPERTY. V1 4. DECREASE VALUE OF 1XV00WERS' PROPERTY IN 711E HIM DIATE AND SURROUNDING AREAS. 5. T11E PARKIM STRUCIURE OF FLORIDA, AVENUE WILL DESTROY NOT ONLY THE PEACE AND TRANQUILITY OF .711E Ir'MEDIATE AREA, BUT OTHER SURROUNDING RESIDENTIAL AREAS. s-i -i o F/a 3o Few 141m WE, UIE RESIDENTS OF OOCMJT GROVE, IN 111E CITY OF WAMI, RDQU M TI IAT YOU OVERRULE THE ACTIC NS TAKEN BY WE CITY OF MIAMI zoNING BOARD CN DEX:EMBER 16, 1985. WE STFCHIMY OPPOSE WE DEVELOPMENT AND OCNSTRUCTICN OF THE PROPOSED POST OFFICE PLAZA CAI TILE U.S. POST OFFICE SITE, CN WE NC)RIII SIDE OF GRAND AVENUE AT 711E nM3?SE CTION OF NMMATD STREET AND GRAND AVENUE AND TIC 3100 BLOCK OF FiMDA AVENUE FOR TITE FOI.umm RFASCx4S s IT WILL: 1. INCREASE WE ALREADY EXISTING SAF'EI'Y IWAID, TRAFFIC OO(V=ION, LITTER, NOISE AND CRIME. • ? If • ? ••• M I? f • i71• 'f?r • ? 3. INCREASE DEST;d=ICN OF Ii0MI7CJWER.S' PROPERTY. V -C 4. DECREASE VALUE OF iiCMAVE.RS' PROPERTY IN Tim MATE AND SURROL VDING AREAS. 5. TITE PARKING STEiLMIRE OF FLORIDA AVENUE WILL DESTROY NOT CNLY TIC PEACE AMID TRANQUILITY OF THE IMIEDIATE AREA, BUT MIER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS IIz�IE ( �9 33/33 - C 3 iv+r .. p 1 - 1 i, WE, THE RESIDENT'S OF CVCONUT GROVE, IN TI1E CITY OF MIAMI, REQUEST THAT YOU OVERRULE TllE ACTIONS TAKEN BY TfIE CITY OF MIAMI ZONING BOAR ON DOCEMBER 16, 1985. WE S`IR I*MY OPPOSE 111E DEVEDOPMFNT AND CONSTRUCTION OF THE PROPOSED POST OFFICE PIAZA ON Tim U.S. POST OFFICE SITE, ON TITE NORTH SIDE OF GRAND AVFTIUE AT ME I IUISF=ION OF MCDONALD STREET AND GRAND AVENUE AND THE 3100 ATACK OF FI-OR DA AVENUE FOR TfIE FOLLOWING REASONS: IT WIIL: 1. INCREASE THE ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGE-STION, LITTER, NOISE AND CRIME . 2. SET TREND' OF F�'ROACI M-NT IN OT4 fER RESIDENTIAL AREAS. 3. r!CpEncF _DF_SIRt UrION OF 1Cri'ID04+1 ERS' PROPERTY. - - 4. DECREASE VAIIJE OF IiOMEJ tIERS' PROPERTY IN THE RIMMIATE AND SI JFIJNDING AREAS. 5. THE PARKING STRUCTURE OF FLORIDA AVENUE WILL DESTROY NOT ONLY THE PEACE -AND TRANQUILITY OF THE IWEDIATE AREA, BUT MIM SURROUNDING RESIDENTIAL AREAS. NAM ADDRESS A44M F C. b2 51 N m WE, TfIE RESIDENTS OF C LIONUT GR-ME, IN WE CITY OF MIMI, REQUEST THAT YOU WERRULE THE ACTIONS TAKEN BY THE CITY OF M AMI ZONING BOAM ON DECEMBER 16, 1985. WE STRMM Y OPPOSE THE DIVEIAPMWr AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON 711E NORTH SIDE OF -GRAND AVENUE AT THE INTERSWrION OF MMONA STREET AND GRAND AVENUE AND THE 3100 BUOCK OF FWRIDA AVENUE FOR 111E FOIJOWI.NG RF.ASCWS: IT WILL: 1. INCREASE THE ALRFJIDY EXISTING SAFF'I'Y HAZARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET TRFM OF flXW- AC:i 0ENT IN 0'I4 iER Ri-� I DF�dr IAL AREAS. 3. INCREASE DESTRUCTION OF lK IDOWNERS' PROPERTY. ,T ! ` Y. 9. DECREASE VAI.IJE OF PCMLl,-% TEJlS' PROPERTY IN THE INMATE AND SURROUNDING AREAS. 5. ': m— P: `lY y )G S?�JRE OF FLORIDA AVENUE WILL DESTROY NOT ONLY THE PEACE AND TRANQUILITY OF THE IM"EDIATE AREA, BUT OTHER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS Adm rj".Fj OEM i WE, THE RESIDENI5 OF OOCMH GROVE, IN TIIE CITY OF MIAM.I, REQUEST THAT YOU WERRiJLE THE ACTICIIS TAKEN BY THE CITY OF MIAMI ZONING BOARD CST DECEMBER 16, 1985. WE STRONGLY OPPOSE TTIJE DEVELOPMENT AND OCXNSTRUCTION OF THE PROPOSED POST OFFICE PLAzA ON THE U.S. POST OFFICE SITE, ON TINE NORTH SIDE OF GRAND AVENUE AT THE INTERSEJLTIC N OF NMWM STREET AND GRAND AVENUE AND TFE 3100 BIDC K OF FLORIDA AVENUE FOR THE FOLLOWING REASONS: IT WILL: 1. INCREASE THE ALREADY E XISTM3 SAFETY HAZARD, TRAFFIC CCXNGES'TION, LITTER, NOISE AND CRIME. 2. SET TREM OF ENCIi(J11Cri It TENT IN M IER RESIDENTIAL AREAS. 3. INCREASE DEST U=ICN OF HOMO ddE RS' PROPERTY. %,! 4. DECREASE VALUE OF ' PROP= IN TIIE D4*DIATE AND SURROUNDING AREAS. 5. THE PARKING STRUCTURE OF FLORIDA AVENUE WILL DESTROY NOT C NLY THE PEACE AND TRANQUILITY OF THE U44EDIATTE AREA, BUT MiER SURROCAQDING RESIDENTIAL AREAS. NAME ADDRESSI� 043 i �iluu _ 'ill;: Vi': IDIJi►.-,i)I' cu-uf UI' cl`:wr, ITJ 'fill: CI'f•Y 111WC YOU (M-Pill(tfd: 'lilt; Wi'1(1 :S 'I'+1l;iil BY 1111: CITY OF 1•11MIr 2CX IN6, r MID ON DSX:h:ltli:IZ 16, 19115. WE Sl1.1'0*11 i OI`1'(r;l: 11117. D(:Vl;rnitl:l;r e1:.1) cYc.,-;rRtx: ncu OI' nit.. rcGr Oi•v ICr: PiJ1ZA Ct'l 'Illu U.S. I'C1ir Of••I'ICI.: SI'i'f;, ON '1111•; t:()Rlll Sllll-, OF CRN-i) AVIi1Ul; 11'r 7111. It1Ci:161rX.rictl O[' t•1C[Xtim) s71•RE:r:r Nm Gitvn AVr.•.Ur. Am 'lilt: 3100 MOCK OF F'IOII:IDA AVL•TiUli POR WE F01.10•IING RIASOt•IS: IT WII,L: 1. wmrmc 111r: Atiq:N)Y EXISI'L',.G SM- lY IWARD, Tr111I.1•'IC CCvGLSl'IGN, LITTER, NOISI: AND CMIE. 2. SL•'r 'IWAND OF I?`IC.Irl1CI u•IFNr IN O'I1 fFR RI :I DlVrIAL Ntl f'LS . 3. IVICRI:1I.SE mS'I'RUCrion Or IICY'.,n-,N. ERS' 4. DIJCRI'Asr. vArlJi. OI IKi lIJC :'II:I2S' P[f)PR1\'lY IN 'I11E; II: I T)L1'11; AND SUIMiNDING ARMS. 5. '111E PIER N13, St'RUCIVRE: OF FIORIDA AV1•21,4111. WILL DC'S'lIXOY NCT C1l`LY WE PW CE MD 11WVJILITY OF 111C Da-U-DI/NrE AREN, DUC O1IER SUMOUNDIM RRSIDEMIAL ARCAS. WIE ADDRESS 1��IC IC — - 'c/3- 1/ -7 4--/VF;�z 'fill: CITY — t11,1.'•11, s Itl7Y'1:;► '11V%T YU11 (NI.I21 IfTJ; '1111: Wi'1(16 TAKII! BY 1111; CITY O[•' t•Irtu'•I[ ZCtJ]t:(, rlr NI'1) C:1 _):7_h"'il;ER 10, 17R5. VIE. .Ci11yi"(;T.Y 0111`CYII: WE DI:VIRN't•'d•1tr NdD CCt;:;rr2IJC-1'Ic(r OF 'I11C. i'(Y1Ctx;l7) R-x;r 01.1'Icr, PIA7A U1 111I: U.S. 117Gr OFFICE SITE, ON '111E tX7r�111 s11l1: OF own) 1�VI.-Awc 11'r 1118 lTtli:l� ;rrC.'['I(XJ OF t1('1)fAt m S71'12I;E:r Nil) GI)4I::D 11VUZUr•; NID 111F. 3100 BfDCK OF nOR11A AV1111;JU FOR 111E [-01WU NG REJ SaIS: IT W111': 1. INC[tC'1tiSC 111r. AIDEADY E(I5rLNG Si\FE. y IG17.1 m, 1'R11I•I•'IC Cgl GESTICO, LI'VIER, NOISE; AND CRIt•IE. 2. Sur IWAND OF [NCI ` Tc fT IENr IN MI II R M'S I Dr•21HAL APJ 11.5. 3. RCRF.IISE DE:S'1'R1)CrION OF IICY O4 WEPS' PI?C11'I:r2'IY. fz 4. DI7CREASrE, V11[1Jr; OF 11Ct•11-X ur.-.RS' PROPLUNY IN 'I11E: AND SUItfYXlNDING 1l'%'1-7\.S. 5. 7E1C PAIW,11G SIRUClt1RF. OF FIIORIDA AVL'tiUli WILL DC.SI'I:OY NCJr UI`I[,Y 11rC PfYCE AID ITWQUILITY OF 111C D7-11-01NI'E; AREA, BUr 01101 SURROUNDING RESIDENTIAL 1IUAS. Wip!. ADDRESS 1�� IC�iVl3 Lo Lb,133��5 71, kCl,rf Q4..R r �V /::' 'IHK FRI I OF COCONUT' GLOVE, IN 111E CITY OF MIAM1, 'Ix?UFST 711AT YOU OVERRULE TIM 1CTIONS TAKEN BY '111E CITY OF MIAKI CRVING BCM1,I) ON DECLMBER 16, 1985. WE STPCNGL,Y OPPOSE 111E 1"sV1;IAPMEIs'' AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON I E U.S. ;.'cDST OFFICE SITE, ON T11E NORTH SIDE OF GRAND AVENUE AT ' 111E INTMSTINION OF M� STREET AND GRAND AVENUE AND THE � 100 BLOCK OF FIORIDA AVENUE FOR THE FOLLOWING, REASONS: IT WILL: iNCR&I.1Aa Till-; ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGFSTION, LI'ITER, NOISE AND CRIME. ? . s -r norm m (.)F' ENCR01rmEN'T IN (MiER RES] DENTIAL ARF.A.S . [NCREV1, DI--:STR[1CPION OF HOMEOWNERS' PRf )PERTY . TA - e: ' DSCRE�: 1•; VAT;ji; OF 119XOI^NER.S' PROPEM IN 'I11E IMEDIATE AND SURP(- Ir : D1N(; AREAS. 11 E P.1;-:'IN�., S' RLM- VRE OF F[,ORIDA AVENUI; WILL DES'I`ROY NOT ONLY F1i1. F ..',:-'E +'.I) TRANQUILITY I)F THE II` IED;ATE AREA, 13UP OTFIFR RFSInF TAL API -:AS. i►f�11' A[;;) UI SS Pi&E / t�lc.i�� 41 L`�'n�o'x �r G!G / -t.5Z _ -iipmv r',`lT`S _---�-__-- ___- ti N g s,- ____--- t i- .. - ------'--�-'y=1-'fit"_-<" ';"'"'i' ! r�� , ` l•=� `- � h �� � f J C 0 ..... ..... -------------- JUT YC 1(7%%i ITI)IJ." '1111: BY 1; c I TY (A h0AID (yl r):) 1;1111:11 16, I'M'). 1.11: .,".I Y 011 >):; I' 'lilt; DI'VEInIll-INITI, AND CIC., (y i oc mi-, n,(,*)iv,)rj) i,(X-u UFIACI: Pli%ZA (� l 111E U.S. MT1, OTTICI: surr., U4 THE IXA,',111 SIDE OF GIVC-1) AWIWE' NJ' IIIE JIT1T,1U;D21'I-(Y1 OF N,41) GRANT) AV1.31AII-1, 1vH) 1111E 3100 131f-CK OF AW-TU71' FOR F101.1fAUNG 1UWcnNS: 11' 1. INCI?FAc',E, '111P. AIPEADY iDusmo.'G SAI-UTY IIAMZD, mu.-I.-Ic cu�nsulcvf NOI.-,I..' Nil) clumE. 2. S1,717 11"J2,41) OF IN Cf]IIFR Ju.,swivrJAI, AjoAS. 3. lfK:W-;11.5Aj DI-ISTROCTI(XI OF -T 4. DI)CREAS-1.3 VAUJC OP PROPERlY IN '111E 11--rIlDINIT" N41.) SUIU"J,\TD11,,'G AAWS. 5. MIE PARKINIG SUILCIV1113 OF FJJORIDA AVENUE, WJTT, DE-SIVOY NCfr (V1,Y Mir, P17CL AND 1UNK-UIL11"i OF 'DIE D--%1IJ)IA`J'E AREA, BLTr 011,11-.11 SURI2DLMING RF.(3IDF74T1AL M-AS. NN4E ADDRESS 2 Fo 71 WE, THE RESIDENTS OF COCONUT GROVE, IN THE CITY OF MIAMI, REQUEST THAT YOU OVERRULE TilE ACTIONS TAKEN BY THE CITY OF MUM ZONING BOARD ON DECEMBER 16, 1985. WE STRONGLY OPPOSE THE DEVELOPMENT AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON ITIE NORTH SIDE OF GRAND AVEAM, AT THE INTERSECTION OF MCDONALD STREET AND GRAND AVENUE AND THE 3100 BLOCK OF F7,0RIDA AVENUE FOR THE FOLLOWING REASONS: IT WILL: 1. INCREASE TIC ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET TREND' OF ENCROACHMENT IN OTI]ER RFSIDENTUIL AREAS. 3. D SmtarX7rION OF IIOMECJWNERS' PROPERTY. " 4. DECREASE VALUE OF HOMECAINERS' PROPERTY IN TIIE IMMEDIATE AND ST TRIRCCXJNDING AREAS. 5. THE PARKING STRUCTURE OF FLORIDA AVENUE WILL DESTROY NOT ONLY THE PEACE 'AND TRANQUILITY OF THE INMATE AREA, BUT OTIiER SURROUNDING RESIDENTIAL AREAS. N744E ADDRESS PIONE .!� J ?�.e � •/ / / JLY�lJ /Y < 'H / �'niiL-V !../n ii/iW ✓J/ i. s/ .-. i. J Cry/._.�«� J A WE, THE RESIDENTS OF COCONUT GROVE, IN TI;E CITY OF MIAMI, REQUEST THAT YOU OVERRULE THE ACTIONS TAKEN BY THE CITY OF MIAMI ZONING BOARD ON DECEMBER 16, 1985. WE STRONGLY OPPOSE ITE DEVELOPMENT AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON TIFE NORTH SIDE OF GRAND AVENUE AT THE INTERSECTION OF M_DONALD STREETAND GRAND AVENUE AND THE 3100 BLACK OF FLORIDA AVENUE FOR THE FOLLOWING REASONS: IT WILL: 1. INCREASE THE ALREADY EXISTING SAFETY FIAZARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET TREAD Or` LNC,ROACIMIr IN 0111ER RESIDENTIAL AREAS. 3. INCREASE DESTRUCTION OF HOMEOWNERS' PROPERTY.1" 4. DOCRMSE 17AT i.T, or FFOFr Rr IN 'I'i i , TrRmmiATE AND SURROUNDING AREAS. 5. THE STRUCTURE OF FLORIDA AVENUE WILL DESTROY NOT ONLY THE PEACE AND TRANQUILITY OF THE IMEDIATE AREA, BUT CffM SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS P"E 7 �r✓ r-- I % r, } 1-1 ,. a"z L t i� > :` ems . - /e = �1 :(` s�.. 1 � 7 • �, / r i -; 1:3 t < < I WE, THE RESIDENTS OF COCONUT GROVE, IN THE CITY OF MIIIMI, REQUEST THAT YOU OVERRULE TiiE ACTIONS TAKEN BY THE CITY OF MIAMI ZONING BOARD ON DECEMBER 16, 1985. WE STRONGLY OPPOSE THE DEVELOPMENT AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON THE NORTH SIDE OF GRANT) AVENUE AT THE INTERSECTION OF MCDONALD STREET AND GRAND AVENUE AND THE 3100 BLOCK OF FLORIDA AVENUE FOR THE FOLLOWING REASONS: IT WILL: 1. INCREASE THE ALREADY EXISTING SAFETY IMARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET TREND OF ENCROACINENT IN OTIIER RESIDENTIAL AREAS. 3. INCREASE DESTRUCTION OF HOMENNERS' PROPERTY.!a 4. DECREASE VATITF OF Ii0fW7UVNER9' PROPFW-t IN TiIF IMMFDTATF AND SURROUNDING AREAS. 5. 111E PARKING STRUCTURE OF FLORIDA AVENUE WILL DESTROY NOT ONLY THE PEACE AND TRANQUIi,ITY OF THE IMMEDIATE AREA, BUT MIER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS PI KNE 01, T1 I i.; I t i V I I 1 0 j A 1' 1%, i 0 AVI 3100 1'-lo:1, OF Flf)im)'t 1;::: IA lij Till', AIJ-'11\f)V 1111"Al-T,1C C(O"i.;XV 0", U01.1111: NID CP(,,il-:. 2. SET Tv!-.c7l) ol.' IN 011HIP PJ-',Il1j'-NFJAT, Oi, Ili i*.:,-,,.,,.71-P:;1 V,'\T J I Y P I 'I iH: 5. 7 A-t 44t --- --���)`t=its-:�'--�� �L.-��,x :'�--- -------.,5L'7 _�wL�`���_/_, 7��L----- -- -----+1�` ' %��._ - 86-16 I t. Xj' Oil' `Vh OP HIM-11,P UVI M.M.N Tllr: llerloc111w: CnY or M I �40 f. om koml) al 16, ►1 '.M�). ►till.; lilt" -bN OP '11 IF, H X)l t�r�-v oi.,110--,� PU XI AVA U1 x.x.;-v► M111: OP GPjV1i) AVI-7 OP t-01-OA11) ';'I I F V N AW"N1.11-: ANO '11 Ir, Mr-vi\ OP VIORII),"\ AVI-2;Ul'; POR '1111', 1-�)IJVWING W.1 11. I '0W -H -170Y NXIST1,NG SAVEV IL**j*Qzt)# q,jW-,I-1jC N -t*�S - THE. AI.P I CWCI', IATFER, N'01,51-: MD CIW-Uj;�. L"6 olo IN C11MIR RU-s"IDI-J-11-TAr, Ai?V%06 op I vA ov I Praonw:im, It.4 '1111i N�', API -INS. -i PAW, 1,G 01-i' PIORIOA AVI-1,,Rk, W.111t) 01"STI.. All M &ND T1?,ViCj[Rrxry 01 111H., liMNE PI 3 11 )1 ADDRESS C, V 411 ki- 1100 4-- _k(ii-ft'l Q%—f I. -z Z, U--7 I 0 i WE, THE RESIDENTS OF COCONUT GROVE, IN T1iE CITY OF MIAMI, REQUEST THAT YOU OVERRULE THE ACTIONS TAKEN BY THE CITY OF MIAMI ZONING BOARD ON DECEMBER 16, 1985. WE STRONGLY OPPOSE 111E DEVELOPMENT AND CONSTRUCTION OF THE PROPOSED POST OFFICE PLAZA ON THE U.S. POST OFFICE SITE, ON THE NORTH SIDE OF GRAND AVENUE AT THE INTERSECTION OF WDONALD STREET AND GRAND AVENUE AND THE 3100 BLACK OF FLORIDA AVENUE FOR 711E FOLLOWINr REASONS: IT WILL: 1. INCREASE Tf1E ALREADY EXISTING SAFETY HAZARD, TRAFFIC CONGESTION, LITTER, NOISE AND CRIME. 2. SET TREND OF ENCROACHMENT IN MIER RESIDENTIAL AREAS. 3. INCREASE DESTRUCTION OF 11C=MERS' PROPERTY .'T� - .f : t 4. DECREASE VALUE OF HOMEOWNERS' PROPERTY IN THE IMMEDIATE AND SURROUNDING AREAS. 5. THE PARKING ST14JC'IURE OF FLORIDA AVENUE WILL DESTROY NUT GNLY THE PEACE AND TRANQUILITY OF THE IMEDIATE AREA, BUT OTHER SURROUNDING RESIDENTIAL AREAS. NAME ADDRESS Al(JNE W o- - 46 )O. AL 4) /,clI rl 00,' (.6 .0 -04 ZU A� -I'I U, . I i YU1 Uv�i J.; 'rlilii N.'J'At WT/'. BY '11 H : CITY (W Mt,%M1 nil) cm 01C '1111-i VA M PlA 1111L U11111, 11X11 SIAT;j M 'IM-.' tk)l"Ill SWI: 01-1 CRNN) AWZWI NP Wrl h-,I)AMI) SM1 MD 11112 3100 111to:,R or., tell-I'Llt; volt 1, INCIO:'AtE, q1W, AU?EAW 1:MSTING SA1,T-*I'' MXAM), T1AV11C MiXIM-PICN, 2, SET 111J.41'41) 01:1 1111-"1 "Aul 11104 11 IN OMER 34 locizie"v"li I M of 10 *.!.o.,iNl,-:!)s, 4, ot-rnravon-i vAu.ii,. or PknPj.'vjV IN SUM % I CC11111MV101 A111-11AS111 5, TIE PARKING OV VIDRIDA M-NU).,' WILL t)r,.5,I1uY Wjji (fll."y VE ITACE AND TkANY-)URAW Or '111:j 31-7-ItIUMT.' At%r.Nl UME'll SURIUUNDING MSIOT.-NA-AL NAME AbOldZS ti , We 4 0 i t 1. CITY OF MIA MI. FLORIDA INTER -OFFICE MEMORANDUM 14 �O Honorable Mayor and Members DATE January 14, 1986 FILE of the City Commission SUBJECT RESOLUTION - APPEAL BY OBJECTORS VARIANCE GRANTED BY ZONING BOARD 3195 GRAND AVENUE FROM Cesar H. Odio REFERENCES City Manager COMMISSION AGENDA - JANUARY 23, 1986 ENCLOSURES PLANNING AND ZONING ITEMS It is recommended that a review be made of the Variance granted by the Zoning Board permitting the construction of a proposed commercial/residential structure (Post Office Plaza) at 3195 Grand Avenue with a + 9.0' maximum ligR pTae penetration at + 50.01' height above grade along The SPI-2/RS-2 district boundary line and providing 4 of 8 required off-street loading spaces. The Zoning Board, at its meeting of December 16, 1985, Item 2, following an advertised hearing, adopted Resolution ZB 167-85 by a 5 to 3 vote, granting the Variance from Zoning Ordinance 9500, as amended, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4 to permit construction of a proposed commercial/residential structure (Post Office Plaza) at 3195 Grand Avenue, also described as Lots 9 through 20 inclusive less portions for right-of-way, Block 2, CHARLES H. FROW SUBDIVISION (13-53) P.R.D.C., as per plans on file, with a + 9.0' maximum light plane penetration at + 50.01' height above grade along the SPI-2/RS-2 district boundary line ana providing 4 of 8 required off-street loading spaces; Lots 13 through 20 are zoned SPI-2 Coconut Grove Central Commercial District and Lots 9 through 12 are zoned RS-2/2 One -Family Detached Residential. This Variance petition is in conjunction with a Special Exception application for a parking structure. This Variance was also granted a time limitation of twelve (12) months in which a building permit must be -obtained. Twenty-six objections received; thirty-six opponents present at the meeting. Two replies in favor received in the mail; seventeen proponents present at the meeting. Backup information is included for your review. IN 13Gi- tit% . Honorable Mayor and Members of Page 2 January 14, 1986 the City Commission A RESOLUTION to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL :111 cc: Law Department NOTE: Planning Department recommends: DENIAL 13ci-Ab21 9) so LOCATION/LEGAL APPLICANT/OWNER ZONING ZONING FACT SHEET 3195 Grand Aveune Lots 9 through 20 inclusive less portions for right-of-way Block 2 CHARLES H. FROW SUB. (13-53) P.R.D.C. Michael D. Kinerk 3174 Florida Avenue Miami, FL 33133 Phone # 448-7361 Dennis W. Wilhelm 3174 Florida Avenue Miami, FL 33133 Phone # 448-7361 Commodore Plaza Square, Inc. P.O. Box 110110 Miami, FL 33111-0110 Phone # 358-0375 Coconut Grove Bank Pension Trust c/o Robert S. Forbes, Vice President 2701 S. Bayshore Drive Miami, FL 33133 Phone # 858-6666 C harl es J . Frow P.O. Box 57 Marathon, FL 33050 Floyd Frow 1049 83 Street, Ocean Marathon, FL 33050 Katherine Frow Ciccone Route 4 Box 977 Summerland Key, FL 33042 Phone # 872-3349 Lillian Frow Orr 6001 SW 117 Avenue Miami, FL 33183 Ronald L. Fine (Attorney for Applicant) 50 Biscayne Blvd, Suite 300 Miami, FL 33132 Phone # 358-0375 SPI-2 Coconut Grove Central Commercial District & RS-2/2 One -Family Detached Residential Lots 13-20: SPI-2 Lots 9-12: RS-2/2 0 L REQUEST Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4 to permit construction of a proposed commercial/ residential structure (Post Office Plaza) on above site, as per plans on file, with a + 9.0' maximum light plane penetration at + 50.0T' height above grade along the SPI-2 9S-2 district boundary line and providing 4 of 8 required off- street loading spaces. This Variance petition is in conjunction with a Special Exception application for a parking structure. RECOMMENDATIONS PLANNING DEPARTMENT DENIAL. There no hardship to justify the requested variances. The required off-street loading stalls need to be provided, and the light plane penetration requirements should be met, particularly in light of the adjacent residential zoning. There is too much building proposed for the size of the subject property which does not constitute hardship, especially since reasonable use could be achieved with a lesser structure. The required off-street loading stalls could easily be provided since this is new construction. Although the mixed use type of development is encouraged by the Planning Department, this type of development should be permitted only when all zoning requirements are met. PUBLIC WORKS Require the dedication of the west 12.5' of Lots 12 b 13, the north 5' of Lots 9 through 12 and a 25' radius return at the southeast corner of the intersection of MacDonald Street and Florida Avenue and the northeast corner of the intersection of McDonald Street and Grand Avenue. DADE COUNTY TRAFFIC b TRANSPORTATION Main access driveway is too close to corner. Recommend all access off of Florida Avenue. ZONING BOARD At its meeting of December 16, 1985, the Zoning Board adopted Resolution ZB 167-85 by a 5 to 3 .vote, granting the above with a time limitation of twelve (12) months in which a building permit must be obtained. APPEAL Letter dated December 24, 1985 CITY COMMISSION At its meeting of January 23, 1986, the City Commission deferred action on the above. 8c=��2k 'OR-RpM "I'* lei f 11 m 13 14 76 s z i 23 LIME To (D 22 1 3 2 1 7 774 10 9 a LE N 3 3,LAMB M13 c A TR vILL 10 1% It lz 37 all 10 8 9 10 11 12 13 14 3 10 LL. 34 to 3 a 9 1AIL L6 i O • 9 73 13 14 14 1 15 14 4 V $0 ,50 49 4S 4S. A 0 A K AVE 0 ISO rm 11 iz 13 14 12 11 10 j j R 6 5 41 2; 13 14 15 if it 20 4 1 19 • 9 10 56 �qs 'FL IAV %0 FLORIDA AVE F AIN BOW PLAZA TRACT A' • 9 to 21 12 113 14S .M. 3 2 X.: A XX HAAS PROP. A T.T. ... ... F.- ..................... 1-1-v- 1204ENOWSIT" - 9 --1 lullanuoung 49 9[--1 4 312 1 ?2 - 1 01 . I . . IS, THOMAS. V E. 3 3137 is 40 1 4A 33 3i SI JO 491 �JTO+6141 IF a • . . so oar, WILLIAMS -AVE 461 42 43 45 46 4? 61&=�11133 5 F—AGEP "I L ti TR. BANKCAPITA sue 0 Gy 4p OPO^ ZB 11/18/85 AS 46 2 Item # 3 AP J-27 J-29 3195 Grand Av 09 cl I LAMB —CT - Apf. Rzo it 40 a. • Vj RK "MUNROE �Z-� *4 Opp L NMI' 00 z B AS 46 GRAND AVE I tem # J -27, 2 X.. 3195 Gran Avenue WON MEW V 0 0 CITY OF MIAMI. FLORIDA INTER -OFFICE MtMORANOUM MIA-86-1 To. Ho4ableavier L. Suarez °AT`` February 19, 1986"�[° A-86-13 ana City Commission sul.�[CT: Legal Opinion: Post Office Plaza FROM• yCi [NCLOSUR[s: At the City Commission meeting of January 23, 1986, you deferred the appeal by residents of Coconut Grove of certain variances and a Special Exception for the property known as Post Office Plaza. You requested an opinion on the following issue: f WHERE THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986 ("COMPREHENSIVE PLAN") INDICATES CERTAIN PROPERTY IS ZONED RS-2/2 (LOW DENSITY RESIDENTIAL) AND WHERE THE CITY'S ZONING ORDINANCE PROVIDES IN THE SCHEDULE OF DISTRICT REGULATIONS, THAT SUCH PROPERTY, LOCATED IN A TRANSITIONAL ZONE, MAY BE USED AS A PARKING GARAGE FOR A PROPOSED COMMERCIAL/RESIDENTIAL STRUCTURE SUBJECT TO OBTAINING A SPECIAL EXCEPTION FROM THE ZONING BOARD, AND IF SUCH A USE CONSTITUTES A CHANGE IN THE COMPREHENSIVE PLAN, IS THE GOVERNING BODY (THE CITY COMMISSION) REQUIRED TO SEND THE PROPOSED CHANGE TO THE STATE LAND PLANNING AGENCY (DEPARTMENT OF COMMUNITY AFFAIRS (DCA)) FOR REVIEW? The initial question of whether such approval constitutes an amendment to the Comprehensive Plan must be determined by the Planning Department. If the Special Exception is not considered an amendment to the Comprehensive Plan, then the proposed approval is not required to be sent to DCA. The Planning Department should be guided by the following: S163.3194, F.S. (1985) entitled "Legal Status • of comprehensive plan," provides that all actions taken in regard to development orders by governmental agencies shall be consistent with its comprehensive plan. Furthermore, S(� i 1 i Honorable Mayor Xavier L. Suarez February 19, 1986 and Members of the City Commission Page 2 all land development regulations enacted or amended subsequent to the adoption of the comprehensive plan must be consistent with the comprehensive plan. It also provides that a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by the development order or regulation are compatible with and further the objectives , --policies, land uses, an ensities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. Hence, if the Planning Department finds that the special exception (the development order) meets the above criteria for a compatability, then the special exception would not constitute an amendment to the comprehensive plan. However, if the Planning Department finds that the approval would* require a change in the comprehensive plan, then 5163.3184(l) F.S. (1985) would apply. It provides as follows: "5163.3184, F.S. Adoption of comprehensive ' plan, or element or portion thereof. - (1) At least 90 days before the adoption by a governing body of a comprehensive plan or ! element or portion thereof, or before the adoption of an amendment to a previously adopted comprehensive plan, or element or portion thereof, the governing body shall: (a) Transmit five copies of the proposed comprehensive plan, or element or portion thereof, to the state land planning agency for written comment. (b) Transmit a copy of the proposed comprehensive plan, or element or portion thereof, to any other unit of local government or governmental agency in the state that has filed with the governing body a request for copies of all proposed comprehensive plans, or elements or portions thereof. 13C, ,f 5� Honorable Mayor Xavier L. Suarez and Members of the City Commission February 19, 1986 Page 3 (c) Determine that the 1pcal planning agency has held a public hearing on the proposed plan, or element or portion thereof, with due public notice." Thus, at least 90 days before adoption at second reading by the Commission of the amendment to the Comprehensive Plan, the Commission must act to transmit copies of the proposed amendments to DCA and must ascertain that a public hearing has been held on the proposed change by the Local Planning Agency - our Planning Advisory Board. You should know that Mr. Alfred Aronovitz, an attorney for Ron Fine, has offered the following opinion: 5163.3184, F.S. as amended in 1985, is not effective until after July 1, 1987. He may be relying on 5163.3167(2), E.S. which requires each county, beginning on July 1, 1987, and on or before December 1, 1987, to prepare a Comprehensive Plan or amend an existing plan to meet the requirements of the Act, and each municipality to do the same ? beginning on January 1, 1988, or January 1, 1989, depending on whether the municipality is required to include a coastal management element in its Comprehensive Plan. Mr. Aronovitz further stated that since DCA is not required to adopt minimum criteria by which to review Local Government Comprehensive Plans to determine compliance until February 15, 1986, and further that such rules shall not become effective until after they have been submitted to the legislature, there are no standards by which the DCA can review the plans and therefore no requirement to send any proposed changes to DCA. He further argued that the Comprehensive Plan referred to in 5163.3177, F.S. (entitled "Required and Optional Elements of Comprehensive Plan; Studies and Surveys.") is referring to a new and separate Comprehensive Plan and that the Miami Comprehensive Neighborhood Plan 1976-1986 is not subject to that Section. He also argued that our Comprehensive Plan is a "Land Development Regulation" under 5163.3213, F.S. which is not subject to review by DCA until after February 15, 1987, the date by which DCA must adopt rules for review of Land Development Regulations pursuant to 5163.3202(5), F.S. Chapter 85-55, of the 1985 First Regular Legislative Session known as the Local Government Comprehensive Planning and Land Development Regulation Act, provides for an 0 Ell Honorable Mayor Xavier L. Suarez and Members of the City Commission February 19, 1986 Page 4 effective date of October ],, 1985,,, except for certain specified sections, none which are relevant to this discussion. ( Section 51 of Chapter 85-5 5. ) Therefore, the City must comply with the Act. 5163.3187(2), F.S. requires each governing body to transmit a current copy of its Comprehensive Plan to DCA no later than December 1, 1985. The City has complied with this deadline. At this time, since the DCA does not have rules or standards with which to evaluate the proposed amendments or Comprehensive Plans it will provide comments to the City which are n_ot binding and are not enforceable against the City. In the future, after adoption of rules by the DCA and review by the legislature, proposed plans or amendments that are not "in compliance" will be returned to the local government with recommendations by DCA. Adopted revised plans that are still not in compliance will be referred by DCA to the Division of Administrative Hearings (DOAH) for a hearing and then to the Administration Commission (IA) (Government and Cabinet) for final action. With regard to our Comprehensive Plan being a Land Development Regulation as defined in 5163.3213(2)(b), F.S. that definition provides as follows: "An ordinance enacted by a local governing body for the regulation of any aspect of development including a subdivision, building construction, landscaping, tree protection, or sign regulation or any other regulation concerning the development of land." The City adopted the Comprehensive Plan and refers to it as its Comprehensive Plan and, in fact, the Plan contains those elements referred to in 5163.3177, F.S. (1985) and 5163.3178, F.S. (1985) governing Comprehensive Plans. If, in fact, this was a Land Development Regulation then the DCA is required to adopt rules by February 15, 1987, for review of Land Development Regulations pursuant to S163.3202, F.S. (1985). However, this is not applicable, since we are dealing with a Comprehensive Plan and not a Land Development Regulation. In 5163.3202(1), F.S. each municipality is required to adopt or amend and enforce Land Development Regulations that 13C-162k . Sd 41 Honorable Mayor Xavier L. Suarez February 19, 1986 and Members of the City Commission Page 5 are consistent withand implement•. their adopted Comprehensive Plans. This must be done within one year after submission of its revised Comprehensive Plan for review pursuant to 5163.3167(2) F.S. Prepared and approved by: % ,M r, \\\ G. Miriam Maer Assistant City Attorney GMM/wpc/md/bss/P018 cc: Cesar H. Odio, City Manager I 0 & December 24, 1985 Ivor. Aurelio Perez-Luaones Director, Plannina & Zoning Boards Admin. Dept. City of Miami 275 NW 2nd Street lViami, Fl. 33128 Re: Request for review by the City Commission of the Zoning Board decision on Items 2 and 3 of the Miami Zoning Board agenda of Monday, December - 16, 1985, as follows: Item 2: 3195 Grand Avenue. [Lots 9 through 20 inclusive less portions for right-of-way, Block 2, CHARLES H. FROW SUB. (13-53) P .R.D.0 .] Variance from Ordinance 9500, as amended the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential (General), Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4 to permit construction of a proposed commercial/residential structure (Post Office Plaza) on above site, as per plans on file, with a +/- 9.0' maximum light plane penetration at +/- 50.01' s. height above grade along the SPI-2/RS-2 district boundary line and providing 4 of 8 required off-street loading spaces; ... and Item 3: 3174-90-92 and Approximately 3198 Florida Avenue.[Lots 9 through 12 inclusive less portions for right-of-way, Block 2, CHARLES H. FROW SUB. (13-53) P.R.D.C.] Special Exception as listed in Ordinance 9500, as amended, the Zonina Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2.1 to permit a proposed parking structure in conjunction with a proposed commercial/residential structure (Post Office Plaza) , said parkins structure to be located on above site, as per plans on file; zoned RS-2/2 One -Family Detached Residential.... We, the undersigned, are aggrieved by the approval of the variances and 4 special exception in that the structures, if built as per the plans on file, will seriously jeopardize the stability and tranquility of our residential neighborhood. We do not believe that all of the requirements and standards of section 3103.1 have been demonstrated. In addition, the applications and petition do not address properly the requirements and limitations of the Zoning Ordinance applicable to the SPI-2 and RS-2 districts separately or in transition to each other. We request that the review be scheduled at approximately 7 p.m. to permit those of us who are employed during the day to attend. 1� Mr. Aurelio Perez-Lugones December 24, 1985 Paoe 2 We strongly urge your favorable review of this appeal, and that the decision of the Zoning Board be reversed. Respectfully submitted, Fohn T. Green 3158 Florida Avenue Miami, F1. 33133 Tel: 443-0359 G rady Lee Dinkins 3201 Florida Avenue Ntiami, 3133 Michael Marmesh 3200 urand Avenue Miami, F1. 33133 Carl R . Boehm 3150 Florida Avenue Miami, F1. 331 Go tte._Ba.� 3104 Florida Avenu Miami, F1. 33133 // • oldie Clarit 3197 Florida Avenue Miami, F1. 33133 • _ 1 Lawrence E. Sokol 3124 Florida Avenue Miami, F1. 33133 Tel: 442-4726 SetsY Ross Kramer 31 rida Avenue is F1. 33133 Elishama Withers 4 3200 Frow & 3340 McDonald Miami, F1. 33133 La Tanya De ni rd 3221 Frow Miami,F 1. 33133 lac i-:A apt i _AJV Crr :ES RONALD L. FINE 50 BISCAYNE 90,rI_EVAPC Su,'E 3CC MIAMI. FLORID^ 33132 'ELEP-ONE',305) 358-037-3 PEPLv '.. POsr Orr'CE SOX ,0„C MIAMI rL0010A 33111-0110 January 6, 1986 City of Miami Miami, Florida Attention: Planning Department Gentlemen: I have signed the Applications for: 1. Special Exception to use Lots 9-12, inclusive, Block 2, Charles H. Frow Subdivision, PB 13-53; and 2. Variance to reduce the required number of loading spaces from 8 spaces to 4 spaces; and 3. Variance to allow building to penetrate into the required light plane. This is to certify that I signed these applications and/or petitions, together with supporting documentation thereto in my capacity as attorney for the owners of Lots 9-20, inclusive, Block 2, Charles H. Frow Subdivision, as recorded in Plat Book 13 at Page 53 of the public records ,a Dade County, Florida. Very truly your , i r / 1 �onald L. e ttorney at Law 0 0 By CONTROL PETITION FOR VARIE_ ale Number V-83 A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal enforcement of this ordinance would result in unnecessary, and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dimensions of yards and other open spaces and offstreet Darkng or Ioading requirements. (Section 3101) 1, a hereby petition the City of Miami Zoning Board for a variance from the terms of the "Zoning Ordinance of the City of Miami," affecting property located at 3195 Grand Avenue Miami, as specified below. • In support of this application, the following material is submitted with this application. . Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc, building elevations and dimensions and computations of lot area (gross cnd net), building spacing, LUI ratios, and height envelope. 3. Affidavits disclosing ownership of property covered by application and disclosure r of interest form (Forms 4-83 and 4c83, attach to application). i 4. Certified list of owners of real estare within 375' radius from the outside boundaries of property covered by this application. (Form 6-83 and attach to application.) j . S. At least two photographs that snow the entire property (land or,,; improvements). a _ S. Other (specify) the based the following _ 7. Fee of $-3� o ord cost of processing, of (a) RS, RC -I $100.00 (b) For penetration of Plane III by antennas and the like $300.00 (e) All other applications for each request variance $0.03 per sq.ft. of floor area of building(s) from the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (o)-(c) above, not to exceed $500.00; to bo refunded if there is no appeal. (City Code - Section 62-61) bb I S. The Variance requested is for relief from the provisions of Section 2023.4 of the City of Miami Zoning Ordinance as follows - 8 spaces required - 4 spaces proposed 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance Note. This application cannot be accepted for Zoning Board action unless all of the following sir items are completed, (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) The proposed development is mixed residential/non-residential with the non-residential portion being comprised of office and retail resulting in joint usage by uses with varying peaks of loading demand. Schedules for deliveries to all occupants will be controlled by agreements between owner and occupants. i Consideration should be given to providing joint use of loading in the same manner as for joint use of off street parking. *-See attached page (b) The special conditions and circumstances do not result from the actions of the petitioner in than SPI-2 regulations, restricting access and location of off street loading in relation to pedestrian streets and shape and depth of lot, place limitation on number of spaces which can be provided without interfering with aestheticsiand function of building design W Literal interpretation of the provisions of the Zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the some zoning district under the terms of the zoning ordinance and would work urvnecessary and undue hardships an the petitioner in that: Ordinance requirement that total individual requirements, results excessive for uses proposed. number of spaces must equal sum of in a number of spaces which is W Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some Zoning district in that. - Because of the unusual character of the Coconut Grove Downtown Business District, with the specified intent of the Ordinance being to limit motor vehicle traffic and encourage pedestrian activity, limitations are inherently placed upon provision of loading spaces for the majority of the SPI-2 sites. i• d The Pedestrian Street provisions restrict access and location of loading spaces. The Off Street Loading regulations, requiring a totalling of individual use requirements in mixed use development, create a conflict between intent of SPI-2 overall design and other Ordinance requirements such as Off Street loading. t Further, the additional intent in the SPI-2 district to encourage mixed e s i confli with he adi require ents which make no provision, ** (e` Tie variance,of gronte�, �s �t�ie minimum variance that will make possible the reasonable use of the land, building, or structure in that: The proposed development will provide four of the eight off street loading spaces which are required as a result of totalling the individual uses, • which have varying peaks of loading requirements. Since peak loading requirements vary according to use, the uses in the building are mixed, and the maximum required for any one use (retail) is being provided, the variance isiin the minimum which will make reasonable use of the site possible. ** other than conditionally, for joint usage. I 0 0 r' (f) The grant of the variance will be in harmony with the general intent and purpose wn of the Zoning Ordirce, and th will not be injurious to e neighborhood, or otherwise detrimental to fhe public welfare. Intent of the SPI-2 district is to encourage a mixture of residential/non-residential uses in a manner which is both internally and externally pleasing, thereby encouraging a combination of such uses in an innovative and creative building designed to provide amenities to both pedestrian users and residents. The subject site offers an opportunity for such a blending of uses, is in harmony with the intent of the Ordinance and provides a welcome addition to the area. Note: All documents, reports, studies, exhibits or other written or graphic material to be ` submitted to the Zoning Board shall be submitted with this application. Signature thorized Agent t4CM0 Ronald L. Fine Address 50 Biscayne Blvd., Suite 300 STATE OF FLORIOA) S& Miami, Florida 33132 COUNTY OF OAOE ) Ronald L. Fine being duly sworn, deposes and says that he is the(Owner) Authorized Agent of Owner) of the real property described in ' answer to question D 1, above; that he has read the foregoing answers and that the same are true and complete; and (if acting as agent for owner) that he has authority to execute this petition on behalf of the owner. (SEAL) ame SWORN TO ANO SUBSCRIBED Ronald L. Fine . before me this Sth day of August-:1985. , Lt- t y Pu lic, tote o lorida of Large MY COMMISSION EXPIRES: Farm 1413 I a * 9 (a) continued SPI-2 regulations, restricting access and location of off street loading in relation to pedestrian streets and shape and depth of lot, place limitation on number of spaces which can be provided without interfering with aesthetics and function of building design. The Ordinance requirement for total number of spaces to equal sum of individual requirements results in a number of spaces which is excessive for the uses proposed. STATE OF nL.tUDA ) SS. COUNTY OF DADE ) AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ronald L. Fine upon oath, deposes and says: , who being by rre first duly sworn, 1. That he is the owner, or the legal representative of the owner, suhn-sitting the accorrp=ying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their dill and complete pernussion 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 pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone numbers and legal descriptions for the real property which'he is the owner or legal representative. 4. The facts as represented in the applicaticn and docu:..ents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Sworn to and Subscribed before me this 8th y of August 19 85 _- ? �.1 Nota}y Psi lic, State of Florida at Large My 0-in d.ssion Expires: (SEAL) (Name1 Ronald L. Fine REAV, -WENM By CONTROL No.=T- t AFFIDAVIT SPATE OF MIUDA) SS. COUNTY OF DARE ) Before me, the undersigned authority, this day personally appeared Ronald L. Fine who being by me first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, sub„utting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete per-,nssion 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 pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, phone m=,bers and legal descriptions for the real property which he is the owner or legal representative. 4. The facts as represented in the application and docu:..erts submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. (SEAL) • (Name) Ronald L. Fine i Sworn to and Subscribed before me this 8th y of August 19 85 __... Notajy ?u lic, State of Florida at Large My Candssion Expires: RE VED By CONTROL No. OWNER' S L I ST * Owner's Name Michael D. Kinerk (50% Interest)' �- Mailing Address 3174 Florida Avenue, Miami, FL .33133, Telephone Number (305) 448-7361 Legal Description: Lots 9 & 10, Block 2, Charles H. Frow Subdivis on Plat Book 13, page 53 of the Public Records of Dade County, Florida * Owner's Nane Dennis W. Wilhelm (50% interest) Mailing Address 3174 Florida Avenue, Miami, FL 33133 Telephone Number (305) 448-7361 Legal Description: Lots 9 & 10, Block 2, Charles H. Frow subdivision, Plat Book 13, page 53 of the Public Records of Dade County, Florida Owner's Name Commodore Plaza Square, Inc. Mailing Address P.O. Box 110110, Miami, FL 33111-0110 Telephone Number(305) 358-0375 Legal Description: Lots 11 & 12, less the West 2.5 feet thereof, Block 2, Charles H. Frow Subdivision, Plat Book 13, page 53 of the Public Records of Dade County, Florida. Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description Miami, Florida 33133 Commodore Plaza Square, inc. is Lessee under long term leases with options to Purchase Street Address Street Address Lots 13-20, less the West 2.5 feet thereof and less the South L3 feeL 6hcreeaf, Block 2 Charles H. Frow Subdivision, PB 13-53 Legal Description Legal Description * Commodore Plaza Square, Inc. also holds contracts to purchase Lots 9 & 10 from Mr. Kinerk and Mr. Wilhelgi. DISCUSS OF C401EkSHIP 1. Legal description and street address of subject real property: Lots 9-12, less the West 2.5 thereof, Block 2, Charles H. Frow Subdivision, Plat Book 13, page 53, of the Public Records of Dade County, Florida. 3174-3192 Florida Avenue, Miami, Florida 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties _ paving a financial interest, either direct or indirect, in the suoject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of cot rations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. a a. Lots 9 b 10, Block 2, Charles H. Frow Subdivision, PB 13-53, are owned as follow. Mr. Michael D. Kinerk 50% 3174 Florida Avenue, Miami, FL 33133 Mr. Dennis W. Wilhelm 50% 3174 Florida Avenue, Miami, FL 33133 TOTAL 100% b. Lots 11 6 12, less the West 2.5 feet thereof, Block 2, Charles H. Frow Subdiviti, PB 13-53 are owned by Commodore Plaza Square, Inc. c. Ronald L. Fine owns 100% of the stock of Commodore Plaza Square, Inc. 50 Biscayne Blvd., Suite 300, Miami, FL 33132 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. a. Commodore Plaza Square, Inc. is the lessee on long term leases with options to purchase Lots 13-20, less the West 2.5 feet thereof and less the South 15 thereof Block 2, Charles H. Frow Subdivision, PB 13-53. The street address is 3195-3199 Grand Avenue. b. Ronald L. Fine owns 100% of the stock of Commodore Plaza Square, Inc. 7 , OWNER OR ATTOF44LY FOR OWNER Ronald L. Fine STATE OF FiARIDA ) SS: COUi-11T OF DADE ) L. ne being duly sworn, deposes and says at a is the •caner (Attorney or Owner) of the real property described in answer to question #1, above; that he has read the foregoing answers and that t,.e same are true and complete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. SW0R1 70 AND SU65CRIBED before me this 8th day of August -- T985 . MY COMISSI24 EYPIRLS: 0 (SEAL) dame Ronald L. Fine NctaN Pts ic, State o Florida a Large C. Commodore Plaza Squre, Inc. is the lessee under long term leases, with options to purchase Lots 13-.20, less the West 2.5 Feet thereof and less the South 15 feet thereof. D. Ronald L. Fine owns 100% of the stock of Commodore Plaza Square, Inc. ED RE, BY CONTROL No. • I s DISCLGISUFE OF CWNERSHIP 1. Legal description and street address of subject real property: Lots 9 & 10, Block 2, Charles H. Frow Subdivision, as recorded in Plat Book 13 at Page 53 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 Faving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. A. Michael D. Kinerk,3174 Florida Avenue, Miami, Florida, owns an undivided 50% interest in both lots. B. Dennis W. Wilhelm, 3174 Florida Avenue, Miami, Florida, owns an undivided 50% interest in both lots.. C. Commodore Plaza Square, Inc. holds contracts to purchase both Lot 9 and Lot 10. 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. Commodore Plaza Square, Inc. (f/k/a Venture Twenty -One, Inc.): A. Owns Lots 11 and 12, Block 2, Charles H. Frow Subdivision, PB 13-53. B. Is the Lessee under a long term ground lease on Lots 13-18, inclusive, Block 2, Charles H. Frow Subdivision, PB 13-53. Such Lease contains an option for Lessee to purchase the fee estate. C. Is the Lessee under a long term ground lease on Lots 19 & 20, Block 2, Charles H. Frow Subdivision, PB 13-153. Such lease contains an option for the Lessee to purchase the fee estate. ATIOF4qEY FOR Cris-NER STATE OF FLORIDA ) SS: COUiYI'Y OF DADE ) Ronald L. Fine , being duly sworn, deposes and says that he is the (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 true and complete; and. (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. ���✓ • (SEAL) (dame SWOM TO AMID SUBSCRIBED • before no this 6th day of January , T996 . to Puic, State o •• Florida at Large MY COMMISSION EUIRcFS: LAW 0►/IC91111 ALFREO ARONOVITZ till CITY NATICMAL •Ahltt •utLoIMo 11111 W CST /LAOLtO •TOCC? 041AM1, It.O111110A 33130 Iaos, 312.774111• December 18, 1985 Therrel, Baisden, Meyer, Weiss 1111 Lincoln Road Miami Beach, Florida 33139 Re: Sale Kinerk and Wilhelm to Venture Twenty -One, Inc. Attention: Fred Stanton, Esquire Dear Fred: As you know, I represent Venture Twenty -One, Inc. I have been advised by my client that their negotiations to extend their contracts with your clients covering Lots 9 and 10, Block 2, Charles N. Frow Subdivision, t Plat Book 13, Page 53, Public Records, Dade County, Florida, have now been terminated. My client advises that they believed they had worked out a mutually satis- factory extension agreement but that Messrs. Kinerk and Wilhelm yesterday advised them,that to accept the extension requested, they would insist upon an increase of price on the two parcels of approximately As this is not satisfactory to Venture Twenty -One, Inc., they authorized and directed me yesterday to contact you and to notify you that they were ready, willing and able to close on Lots 9 and 10 aforedescribed. In our phone conversation of yesterday's date, you advised me that you were not in possession of the figures relating to taxes or the present mortgage balances and per diem interest charges, and you further advised me that you were going to be out of town next week. I agreed, on behalf of my client, to close as soon as we can obtain the figures setting oyt the cash balances to close, and I look forward to working with you to close this transaction as rapidly -as possible. Warm personal regards. Very truly yours, ALFRED ARONOVITZ AA/cm Nand Delivered 3 5 . I V V1, 1 11/'IV r i V 1 Vr".►► I"'.. �.,/ r V.I V.It•1V► PARTIES: iavrrss+ Kinark d Donau-W. wilheim _ _ _ _ u 'saner 9 L 111nridA Avenue. �+ �i . Florida 33133 (►none 448-7361 ). ww Venture Twenty -One - - nc .. its nominee 9r. aIs n__` N 1212 City National Asink 11t•ilding. Miami. Flnrida 1111n fPnone _ 358-0375 I, g�fM Mist Mn seller shell Mil end Guyer shall buy the 10110wing OfOp.tty upon the following terms and condltlOM WHICH INCLUDE the Standards For r I1M1.....T►gRrgMeM M1 ttae reyertle hereof a eftahad hereto, hereinafter referred toss "I jandardlel" t� DSSCRIPT1OM: Dade (V LAW daal�den of reM man lusted in County, Florida; Lot 9, Block 2, CHARLES H. FROW SUBDIVISION, according to the Plat thereof as recorded in Plat Book 13 at Page 53, of the Public Records of Dade County, Florida IN Oven eddrMe atenv, atshe o,aot>RVDoing conveyed it 3174 Florida Avenue, Miami Florida lei Pwft" ptowty Included: If. PURCHASE PRICE: _ — -- PAYMENT: 4e1 Deposits shall be iuen aSallet a•% nr•r,ufAa ipEar��zph-6-- nf rho Ifldor art�e• aA_ jSp;pT.._. _ ­n the .tnuuni of f (N Sffrlut to AND essunlmtion of Mortgage lit lavue ul Elurida • F&f1p ra 1 Azonrintinn During in latest et .-..9.. _ . .. % pat arinuin •nu paysbre as to Lit -tic -cal and 11 iserfor E i �1� Par month, having an optiruatmots present pr,ncipai balance of i (el 'YKf1eM molter mort~ end note! Dealing inlaf Mt el % On terms fat fatth herein below in the gPillows"Mnount of f . ____N/A [ - (d1 other — -- --- — $ --- NIA — lel Seienee to CIOae, IU.S Dash. Certified or cashier's check I sutrleLt to adlustmentt and prorat.Ons S—_____ rorAi S it ••CoatreN^. Is ooMltioned upon the Buyer obtalrune a firm con-111 tit for sa.d faun tito i1TM res late not to e■cew form of Buv•r ayetn% 1.. ­411ie aDn•,l,tt,on A.r to l Io ..su teasonanle d,ti sm IV. TITLE EVIDENCE . Within 10 days from dole of COniraL 1. Seller shall. el nisexpense, rt•ltver to Buys Or nis attorney n gecbrtlatice with Srandaw A MfyNr (C•HECK1XX111 or Q (2) I1) abstract. or (2) title llial.renle t ommotment .v,lh IN owner's title policy Ytemwm to be paid by Seller at Nosing. V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE it th,s offer ,s not executed by both or the parties hereto on Or before �__---- the ofereold deoo0liel Shall be, of the option of Buyer, returned to him and this Offer ,halt thereafter be null and void The data of Contract sn 111 be the dose lesion the Ida else of the Seiler and Buyer hoe signed this offer VI. CLOSING DATE: This transaction Mall be clO,ed and to tleau •n other touttgwwrs mm_aP•u on thy 120th day if ful lowing the Buye oir)tainNnR the ne�s�c{essapry r�p�ermits pzoffnirngp aCTriarTges`` vaiiri�tancpesrA Vol. RESTRICTIONS. EASEMENTS. LIMITATIONS The 8ueril+IlJit to tQiFaOvlidrTb }bin t�p`�Tos�ytftZlF� i,�Oli�Jlwilfta7+Il bRi `� �yea,,.R l it lydserTrSr • goveenmentol authority. Raltrrtttons anti Presort\ empNrnly on tl,l; 11141 tit utryr wets. U,v-mon to the tunJwHwn Taxes to, Veal of ooll"lg ..,d suosetsuent yearL sofs~ purchoso nionev mortgages ,f any cles111g, the fat end terms thereof Mall De stated herein. and the tonenllal shall be d.scess pt•tsyant lu 'lien pan�Y O YrOVarty at tYt1e of Closing) union otnerw.ses specified 111a10w 11 " uyN .ss.,mes all r.sa of lost to Il•dti••ty ItOu Oslo Of oc", wneyr tlftNl a r ores i rom s,t,u uses anti Mau sea reverrieO lu hevt• •..et.tcn in* u•oueriv ea d , i n .is .•. st.ng Ix. ASSIONASILITY. (CHECK ONE) Buyer 129may ase.p, (, I may tics dss.y,i. Comics X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS TwPowtittetl of hanowntion provisions ,nsert•u nv,v.n or s/tacne, nefew J. •.•I.I,.n.ld sh./t . u.lvoi all gNMtled MfifIMNene in eotnfliet .therewifn xl. SPECIALCLAUSES. Seller shall deliver suhject property untenanted, and with nu party having a right to possession thereto, other than Buyer, except as provided in Paragraph 10 of the Rider attached hereto. SEZ RIDER ATTACHED HERETO THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERST000, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNINC THIS FOAM HAS SEEN APPROVED SY THE FLORIDA ASSOCIATION OF REALTORS AND THE FL43AIIJA JAn Copyrsght 1978 by The Flor/oa Set sew the Flotide Association of RE ALTORS hot is� 50 AtCV!, Vlo�l I.EZ I ;!W2_10e !I it Momelteedl Executed byeuraron_.�S�,Qcembrr Venture_T_went -One, In.:. --. :SEAL) President is -Veil 1l �1.� E.«ytas>ti by Geiser oat . + ,L, / I t ' ' If �. �/: /ems - C y C 1 _ (SEAL) ■ram== L. ISell�j {J(� )SEAL) I Sellers OeOeMgl 11 lei rttleelllerd: it eMet, wrleet M cieereftce ww•w.tas.11r g1MIMMI M as rlle11f11 el X sf ,roes porches/ metre for nil ►erv,res .h e11K1.ng the sal• uv I ... yulchase pursuant at MIS 11./tl�till) Cswt►at. In the event Buyer fella to perfo/m and sea out n01 excosorng the flloRar 1 lea above computed. shell De MM A Mrs eratM. M IWI a ng roses eapenced toy Eeaer. and Me balance thou w maid to Sauer 11 u1e vent«l,on shall not SEE RIDER ATTACHED HERETO ISEALI ISEALI INe/rrasofEfoeer) iV1 EAL ES11.: 1/ is 1 Seller I r� sow year after date Seller signs Contract ("Execution Date"). Whichever first occurs.ZC'j STANDARDS FOR REAL ESTATE TRANSACTIONS A EVIOENCE OF TITLE .d— An fbstld,_'. J' I rewdred o1 1,10J4r ,tome ann exist Jutt• .1 not e..,I !misting firm) purporting to Lit Jn Jc�rreta S 1i% J} Ihr i'11If n••v- I, ,Ile' 1eu 'tit 'ells IO Cu nle V, v'.,, a '. •tlI. O.,I e'i n rr,. geniis ,�., •lnl, •, r.P ,.merem the land is situated, through JJfr JI CL cI An aU t:fJti 1h.,1. a r •.1" 'e,r earl eft 1, U; 'u,h df a/ hair at •"av •�« „ ,., one uunty wherein the land is sfluateu Seller Shall LunveV to -nJfk ulWhle I11111 ur'1dnt, :.-lie 7•1,.• ,tan-Iur-IS .,.......,..i w •, to I. ,e Iv ! r,r n_, o tl e• t .u,eL' umly t0 lied$. enCU~Snc@4 @xcepllOnS Of duefice l,tionl lot Furth ,n the% CdI,VJLt anti Ihute which Shdu o@ JeyLnJryrrI bv'Sellef at u, t)v1Ofr ,'u%-ny u„ul. . Jt,ng of in,% transaction such abltr&ct %hall uet:aml the pfoueflV Of Buver S-OIeCI 10 It"' "go" Ol tereret,un tneteut I,y ' •%I -raftyaye• Wnt,I fully uJ.,l if a ' . C I,1ur )nee MmllmMf Issussd by a uull,lttd htl• inturor agreeing to ,%sun 10 Buvvt won re,,ow.mg of trip lee,l '„ move, an ,wrlel t „ul,. y of t.tiv ... i,,,an, e n Inn sm OYnt O the purchase Plice. ,nlurong title Of the Buyer to In* feel wfuWrty 1.1111eLt Only r0 1,rn. en, I.r..n� ,;, ,., .•u'�un5 nr toot, I,L aI„In, Sri ern •n •n,S Contract and those which Shall be doschafged by Sailer at Or before rlosing B over $hall rtevd 10 ddvs f Jntr,.orI u, 1Jy - ,I '.Iw u„n... n;n. I...,. J,„ gel -p ceivimg evidence Of title t0 summing Saint. If title it found IIIfN,fhvt Huveo shall. within J .lave therofefter not IV Seller n Wi SueLOV... y toel"tlst If sold defeCtfe) render title unmarketable. Sailer shall have 1601ays from recelwt Of notice within WmLrt to ,eti ve Said dit*Ct111 J110 .t Seller It ultuLcetst.,l en removing them within said time. Buyer $hall have the Op thin of either 1 11 atCoUtIflg the 1,11u d% ,1 then S too., eit • j...1,ng .coon-i of eIi ,. tau-, ne,eu,uter which shall forthwith as raturnvd to Buver and thoisut/on duvef awl Suer tnau Ile "It J.,,l Js I'l jell• wow b .,,, II•, , , ... „I,� yelm,., ,. I, V .,•.t, reel y war, Sallagrees that he will t title is found to e vile uJtmelaSl lc •, el•yer,t ,'tins% lu u... v_, •hr I,•' '�e .. 'n,-, ,rill ,. 1,,,,y ,lo•,I ,r., „ •„ „1.r,y ins or.ngingofnecessary suits If money can cure,then Buyer may pav and deduct Cust from cash to Close. B EXISTING MORTGAGES Sauer small furri a statc,nent fro.n thf: a u,fyeyv,',11 setll y •vein , , , „J, .. Jn r O, ,,, ;,Jv r,. • %I I, „ I ''• the and/tgngef ll In good salndlny If d u,Orrydye reaUlfex d11Ur1Jw JI ,II Ih.r 11,-vel v ins ",orryeyrc �•,�• ,•. J.,-. ,e'd111, „ I„' J., ' �t 7,i ' , ' �, ,a, , morlgagg, end � lhm mortydurr JUes ,flit Juurov@ the di'vl•I the. d .yrl fly 'o . tin Ihr .u„IrJr' n. .yc u,e , lei ee for any ransom in excess of S 100 00. the Buver may rwsLlnU life Lu„t, i.I „ ., ,. ilrr r,l^ 't u, ,,... ,. , •, '. ri1«' , . UJ • ,u S50 00. Buyer shall use reasonable d,llyenty to obtain auutuval the J.,•u,,,,• ... Ieu„ n,. I ., tyuy, , - r-1.,.•,• 'u ,� first mortgage and a 15 day grace potion 0 a second mortgage shall tJ. U6 Sur r.ynl JI .,rvuJY ,-ni n .• , ]r r ,. J,- •„In,• .. or KcelmfgllOn In event OI /*tole Of the pfOperlV. Jnd Shall he Olnerw-SL •„ 'ur-n u-o u„rr„f „c•. oWrvr.r 5rnp• -av u„'v rr tauttg eisueg$ customarily found In ,nurtyayes into inottgage noti•1 n•n,'r.nl ,. •J e1t"r,,,,,e 'I,c , o.,nty nnure,n tau: I-In1•.•,,v „ J,rll Said rat Of %gage Shall flqulr@ Ihr UWner Of eel, ,II „slue I,L•,.y J.f,. en. .. l'Jn-,•, , 'JI, ,. •,,, fn.1 '„ ,,.., .I., �, nr .•IO party I,Om v tar! JUvanl@% WII,e/ wr-Ur •T iUtIy,PIL, >'_ All nfr%pnul rOt,cr,, _ _I _- _ _ _ _ _.•• '_-. t , _ _.__. _ �.. _� V SURVEY The Buyer, within titno allOwen for doltvvfv of evluvl., a lit title and oaannnol lull tnor•u 1`'djJto,vsa•1v r rife- prOwlltV rL7Vi'f+!rr •!*'+,t artnnft-r "tan survey. certified by a r"istert0 Florida surveyor shows any e.-LJJJchn.en, n„ SJIu OfapwrtV Or rhJl „I,... uvi! l o,- ee •' len to lie ,oLatell nee let rlfe'lv fact encroach On lands Of others. or v.Otate any Of the Contract LOvuovn15 III,' .dn•e Shall lie I,vJIe,J d, u title 1,;1e,' v .e,f"!V u"W"lit•l .'I consequence Of this transaction nfav Include d description of the Ilruur. tv „ .-,. I inn Flotilla COnruln,ilt• Svsise, • Is, wt„m l ­ C h,,l,lr• 1 7 , , "„ u .1.0 .., OCeura last, may have the Improvements inspected at Buyer s expense uv a Cerhhed Pest Conlrul UuerJlor Its •Ivlefr'-fee whethet th • uI rive telnl,tr Infestation or visible existing dams" from farmers Infestation .n the nnprovernerels If Buyer Is ,nformen :f he oregoufg Buys,,will nave d Jays from date Of written notice thereof Or 2 days after selection of a contractor wife wrtmn ^MICM to nay• all Carnage,. ,netnrf v,%,as* tar not In $petteen d d astlmated by a licensed building or general can Pay voted coals of treatment and repair of all damage up to I • of 0 f0'4SO price Should such costs •Ite•ed that am aye the option of cancelling Contract within 5 Osys after rec000t of contractor s rep% air est-erste uv giving written n0 yet may elect to proca•d with the transaction in which went Buyer Mall receive a credit at closing of an amount euu,I1 to 1',sw of wy.«%geag F. INGRESS AND EGRESS. Sells, covenants and warrants that there ,s ingress and ogress to the property nature and duration d} sold tenant's Occupancy. rental total and *dverlClm rent and •Aloof Is unable to obtain such letters from each tenant the er to Buyer within said time oar,od In the !arm of a Seller % gfhltlavit. and Buyer may H. LIENS: Seiler shall, both as to the realty and Personally being sold herJundar, furnish to Buyer Ct time of CIOs,mi an affidavit allest,ny to that absence unless Othervelse provided for herein, of any financing statements. claims of lion Or potential lisnors known to Sailor •r.o our imer attesting that there nave been no improve rhgnts, to the property for 90 dove -mmedloteiy Preceding date of closing it the pr000rty has Oman Improved wflh.m said time Seller shall ael,ver release% or waivers Of all mechanic's liens, executed by general contractors. subcontractors suuplonrs. and tnaterlalman ,n addition to Seller to loan affidavit setting forth ins narnes of all such general contractors. subcontractors, suppliers and matenalinen and further reciting that ,n fact all bills for work to the sublect orovetty Iiii Could %•two as a basis for a mechanic's lion have been Palo Or will as paid at closing I. PLACE OF CLOSING. Closing shall be held in county whmruen uro/+oily Ile lotelru, al this olle,.c of J11urr,vv u, almost closing aguf,l 1wt,ynateU UV Serlef J. TIME: Time is of the *Wnce of trifle Contract. Any reference Margin 10 time per,Od$ of less them 6 pave small in ins vomputatlon thereof exclude Saturdays Sun dove and Is" molldays, and any time Per -GO Provided for heroin which snail Inn on a Saturday. Sunilav or legal howlev shelf extend to 5 00 u m of ttte max' two' busin•M day. K. DOCUMENTS FOR CLOSING Seiler Mall furnish demo, m•cn•mc to l,dit affidavit assignments of ,uses Jnu any LOrract,ve enotroments that n,av (1/ reouirsou in connection with perfecting the title. Buyer shall furnish closing statement mortgage, mortgage note. gnu financing stat•fnents • L. EXPENSES: State $urinal and documentary Stamp• which are reQtsofem to u• affo■ed to one instrument of conveyance. Intartaicl• tax on anti recora,ng or our Chea• rhOnev nl0rsgegn to Seller, and Cost of recording any corrective instruments shall be paid uv Seller Documentary stamps to b• affoxca to free note or notes secured by the purchase money mortgage, Cost Of recording the Good and I,nanclng statements shall be paid uv Buyer M. PRORATION OF TAXES (REAL AND PERSONAL) Tones snail lie prorated bnsad on tens current Vaor's tax with out s,lowence mace for maim -am allowabi• discount and f1CRlaslaed or other sxamptions of allowed for Sall year if closing occurs at a oats when the current veer s mmage is not fixed. and current veer s ateawnient Is available• sapiens will be prorated based upon Such assessment and the Prior veer a miltage. If current year s assessment Is not available. then ta■@% will na Gr Grated on the prior yaer's tax, provided, however, if then• are completed improvements on the Property by January lit Of veer of closing, vvh.cm .Molowomonts were not In existence on January let Of the Prior veer, than taxes Shall Also prorated based upon the prior veer'/ menage and at an Equitable assessment to Do agreed upon between the partla, felling which, requests will 0e made to the County Proueriv Anpraiser for an informal assessment tgkeng Into conswe,at,on mOmestemd exemption. If any. Howewer, any tax proration based On an eRimate may at Ipueet of matter party to the transaction, be subsaquemtiv readjusted voon receipt of tax bill on condition that a statarmMt to that affect Is set forth in the Closing statement. N. SPECIAL ASSESSMENT LIENS Certified, confirmed and ratified special assessment liens as of date of closing (and not as of date of Contralto) are to lee wd.d by Salle. Pending liens as Of data Of Closing Shall be assumed by Buyer. Provided, hOwwer, that where the improvement nos Oman fubstant'slly completed as of the data Of Contract. Such pending lion shall be considered se Csrt,fisd, confirmed Or ratified and Sailer shall, at Closing, be charged an amount equal 10 the last estimate t,v the plabila body. of the /1"W"snt for the improvement. nMO/king COflditign r Of 6 daylto, s prior l0 ClOaing. surer mar, at his tapornave .nspectics m@co OI f Ile n , • ravait and main Saneness thereof, end shall report in writing to Seller such I ion prior to taking Of possession thereof, or 6 nay% prior to closing, whichever is if gVrWn Said pWoOd. he snail be U*amid t0 have weaved Seller's warranty as to failuras not renorteu. Voted reported Valuation Of the (rhprsivginentS se damaged, Cost Of restorallon shell 0e an Obligation of the Sailer &not rL arms O ontiact with CCool Ifie/efor MrOwed at closing In the want the Co t O t • osM$NO valuation Of the imprOvam•rst% s0 damaged. Buys, shall hale th a. together with mother trio Nag 3% at any insurance proceeds payable by virtue Of $ucn lose Or dornage. Of Of R. PROCEEOS OF SALE AND CLOSING PROCEDURE The dead shall few fw.urners upon Lleerencv of funds and w,nent• of title continucch at euver't •■pens•. to show little In BuyM, without any soncuttt Urances or change whom would fwntleo Sauer s title unrterkelaola. from the Gate of the last woOanco and the cash pro C•"g, of selg shall be holed In "CrOw by 51411111'$ attorney or by Such cobalt •&crow agent as maw lee mutually agreed uPan for a period of not longer than 5 -laws from atnd after closing date. If Seilow•$ till• Is rendered unmarketable. Buyer Mail within told S Clay Period. notify Seller in writing of the defect gnu Seiler small have 30 dove from date of receipt Of such mollification $0 cure Ned delact In trio •urns Sailer fail$ t0 timely cure Smith Defect all mon,a$ Pain h•rgulsoler Shall upon written dsrnan0 therefor and within S days tnere after, be returned to Buvar ♦tin fumwiltanaOuHy with such ropavenant Buyer shall vacate ins plemosso% and rec On. way the property In quastion to the Soillar by Special wwar/son{te Good In trig event Buyer falls t0 make tiero•ly demand for refund, he Shall tease title as is waiving all e rights again s SHIM ee to such Intervening defect except as may be aveiWuitt to Buyer by virtue Of warranties of env. contained in dead In lose went a portion at the purchase price is to a derlvod from institutional financing Or rS financing, from requirermentS Of the lending institution as to place, time and pr Oceoures for closing, and for disout$Wnent of morteW proceed$. Shall control, anything in ones Contract to trig contrary notwithstanding. Provided. however, that the Seller span nave the right to require from such lending institution at closing a Commitment that of will not withhold disbursement Of mortgage prockeas as a result at any tins defect sesrlbuume to Buyer. nsOrtgagOr. S. ESCROW: Any smarote agent receiving fultd$ o$ mush Orisgd and agfaes uv acceptance thereof 10 prOmptly deposal and to hold settle in aurally anu to d,suurse, Wife wblKt 10 Claerersae thereof in accordance with terms and conditions of Contract Failure of cleerence OI funds shall not excuse performance Uv m• Buyer In the event Of doubt an to his duties Or Ios Uililies under the ptow.Sions OI trio.. CunrrJ, A. the escrow agent onyy on has safe misc,eloOm continue tU holm the monou% which Site the subject of this ast/Ow until the parties muluelly agree t0 die-i.su.it Wotiont Inefoof at until a tunlpnent OI a court Of cOmlgient Iur.Sra,c1.un $hall dgtermine Me rights of the parties thereto, Or he may 09p0641 ail the monies then meld pursuant to this Contract with the Clark Of the Circuit Court at the COunry flowing lsfrimdlatlen at that dispute. and upon notifying all parties conturneil all such action, all foaUd,ty on the part of the escrow agent shell fully Iefttmnate. •rcePt to the extent of accounting for env monist theretofore delivered out of #"raw If a iice ised real estate Urokor, the st:,OWee wf11 Comply with provisions of Section 479.26 (1) lei. P.S., as amended In the went of any suit between Buyat stiff Saillxf wherein the escrow agent is mgde a party oy virtue of Scttlig as wcn escrow agent herWnder, or In the event Of any suit wherein stcrOw agent interplerds lit* Suulect manor of this eN:row. Ins escrow agent Mail he •ntmail to recover e remonam atternary'$ fen and Costs Incurred, said fag$ and COST$ 10 00 chorg•Lh and assessed M Court Cost% in favor Of the prevailing party All part.es agree that this stagSew agafst Shall nos be ll&Wg to any party o/ Person whompwer for mold*l,wery t0 Buyer 0, Seller Of monies subject to this osc►Ow unless Sucn mosdei'very Small be dust to wMlfull Meath Of this Contract or grow negligence On th* part of the escrow agent T ATTORNEY FEE$ AND COSTS In connection with any 11119,1110.1 111cluitlf.9 appellate protseeunyt arising plot of Ino$ Contract inr, I.,ewa.l,ny surly snail be entitled to receifer /eesenablnt allornaty•s foam and COSTS U. DEFAULT- If Buyer fail$ to perform this Contract within the tam• specified. the OepOs'til) Yard Ow Ind Buyer aforeseld may bo r-tlamen ny or for in* sccoun, 01 $•IIow w liquideted demeM. consideration for Ihg eagcullon Of this Contract anu in full Settlement Of any claims .whereupon all parties Small be reo,•ved Of all pbUgatlOne under the Contract. It lot any refton Comer than failure Of Seiler to render tits tiffs marketable allow Q0119/ml uflnrt •;void lads. nayiectS at rrlW*S 10 pdflOnn Ibis Contract the SiAver n•.ry ivtrk for fortttence of elect to receive still oulunt YI hl$ dtlydSltlsl willlaul Illrrrvby w.mwlny Jny ,it 114'11 101 elanlJyrt , tulluty firm, Seller I Ines, h V CONTRACT NOT RECOHUAOLI•. PLHSUNS ODUNU ANU Niol ICI fee -,her tolls Luntrarl nut wry limits u ulrogul u'ab tar reeuldtd .re any "Will" fee ullis This Contract shall bind and ontit• to the benefit of Ih parties hersefu anu net, tut- assure inlntsifest Whenwer the Lunigat pefmots singular sn Ju .ncwde uitnai froo one gander Mall include all NoriCe given Oy or 10 the 1110trtey for •.that wativ Moll no- as effective as it given nv of to said party W PRORATION• AND INSURANCE Taxes. assessments 'ant -ntrrust ins, .tsm sf and OIM( •■par'ses dill ore an,e ut sail, ptope,ty %na„ u• yrol Jlt•tl .It Of •Idfe Of Closing. Buyer Mall have the option of taking Over city existing pui.uws ul onwroncr u i fife property ,1 assumable, fit wnicm event prr,noun.% sndil tar wrolated The tort at eleetng Shell the incremental at decr t"sto to may Ufa iduee.red use •o.0 weorat,ons All references -n Contract to proration% dt ut Mare nl tiut.ng vi be disatmed "date of Occupancy" if occupancy occurs prior to cinsiny, wifeless uiril:- W.se wuvtsfell to, herein X CONVEYANCE Sailer •hall convoy title to the alurmtm'd real 1,,up, I I v ..y ii-of-,tuts warldniv ilrru Sufnee t I niy to 11411.•Fs roofdui,•1 u1 pal t4f.gill V I I mgfgNf Personal property slhoN. as the r•que t of Buyer, tan GOnvevsd Uy all JAlsO,u IY 1- 1 of Nlt with vvelodrlly ,f folio tul,IvLl t0 :u.h I.gnl s n,av uc ul- ,. It pru,i for herein YY'��` ev V OTHER AGREEMENTS. No prior or provisions agreements ut rs,-,(sSvnta,.onj Shall ba u.noing upon env of rho pSMSIS h tv.1 iitcipormt. ,J ,n u this ConeeL No meadication or change in seal Contract en•,l b• session Or welding upon the parties •s nlest of writing, asewculeo by the portion 1 e t a to y • RILO TO CONTRACT FOR SALE AND PUROSE BETWEEN MICIU.EL D. KINERK AND DENNIS W. WILHELM, AS SELLER, AND VENTURE TWENTY-ONE, INC., ITS NOMINEE OR ASSIGNS, AS BUYER EXECUTED BY BUYER ON THE loth D SEPTEMBER, 1984, AND BY SELLER ON THE OF SEPTEMBER, 1984. 1. This Contract contemplates a simultaneous sale and purchase of Lot 10# of said Block 2 between the same parties hereto. All rights and obligations hereunder are contingent and conditioned upon such simultaneous sale and purchase. 2. Notvithetanding anything contained herein to the contrary, if Bayer defaults, Seller's sole remedy is to retain the Deposit(s) made under this Contract as Liquidated Damages, and all parties hereto will be relieved and released from any and all obligations hereunder. 3. Buyer, its employees and/or agents may enter the subject property for purposes of testing soil and/or sub -soil conditions and for making core drillings. Buyer shall hold Seller harmless for damages arising from such testing and/or drilling 4. Brokerage. The parties agree that Venture Development Corporation Is the only real estate broker, salesman and/or agent involved in this trans- action. Venture Development Corporation hereby waives any claim for real estate brokerage commission that it might otherwise be entitled to, with respect to the Sellers, Michael D. Kinerk and Dennis W. Wilhelm. 5. This contract For Sale and Purchase. and Buyer's obligation to purchase the subject property, are not conditioned and contigent upon Buyer's receipt of all necessary permits, zoning changes, special exceptions, variances, etc., from appropriate governmental agencies to allow the subject property to be used in a unified development in connection with contiguous property which is presently zoned for business use. Buyer shall pay all cost and expense arising from such efforts to securing all necessary permits, zoning cMages, special exceptions, variances, etc., and agrees to hold Seller harmless from all such costs and expenses. However, Seller agrees to cooperate with Buyer in such efforts and to sign all documents which Buyer reasonably requires seller to execute. 6. Buyer shall deliver to Seller upon eyacution of this Contract, and another �..s(i to Seller on or before March 1, 1985, or date of Closing, Which ever tItst occurs. 7. Options To Extend Closing Date: If Buyer has not obtained the necessary permits, zoning changes, etc., as more fully described in Paragraph 5 hersinabove. within one (1) year after Execution Date, Buyer, at its sole option# say extend the Closing Date for up to three (3) periods of one month each, by giving written notice to Seller ten (10) days prior to the scheduled Closing Date, and delivering to Seller for each such one (1) month extension period. If this transaction fails to Close, Seller shall retain the Extension Fee or Fees as liquidated damages. If this transaction does Close. the sum of the Extension Fee or Fees paid to Seller shall be credited against the Purchase Price and balance of cash due to Seller at Closing. S. Buyer accepts property in its "as is" condition as of time of Closing. Seller makes no representations as to the condition of the property including. but not limited to, roof. termites. etc. 9. Seller may remove any personal property and/or building improvements from the subject property, including but not limited to, light fixtures, and air conditioning equipment, without any reduction in the Purchase Price to be paid by Buyer. 11 z �_ i I . 10. At C #ng, Buyer shall deliver to Sher a License, without Charle, terminable vith sixty (60) days written notice, deliverable at 3174 Florida Avenue, Miami, Florida 33133, for Seller to continue to occupy the subject property without any payment to Buyer. However, Seller shall maintain public liability insurance on the subject property insuring Buyer's interest In amounts not less than $100,000.00 level average for bodily injury and $50,000.00 for property damage. 11. Buyer has the right, but not the obligation, to modify the terns and conditions of this Contract for Sale and Purchase, as follows, by giving Seller written notice of its election to so modify not less than sixty (60) days prior to the date of Closing: A. Increase the Purchase Price from to Witnesses: B. The balance to close, as provided in Paragraph II (e) of the basic Contract, shall be reduced from to . C. Seller to take back a second purchase money mortgage in the amount of , Principal to be paid in five (5) equal annual payments of each. The first payment shall be due and payable one (1) year after Closing. Interest is to be paid at the rate of ten percent (10%) per annum on the unpaid principal balance remaining from time to time. Interest will be paid simultaneously with principal payments. D. The mortgage and note shall provide that there shall be no personal.liability in the event of a default and that the mortgage and note holder's sole and single remedy shall be to recover the security provided by the mortgage. E. Improvements on the subject property may not be demolished until the purchase money mortgage is satisfied. ��'I '�,_ F. Buyer agrees to pay all costs 6 exp IN s a{/ ising from such purchase mortgage b note.IV'Y11 i Buyer: VENTURE TWENTY-ONE, INC. Ronald L. Fine, President Attest: - - �rzr. Kathie S. Reiter, Sec•rav— Sel rs: J / Mcae 4�nerk' Wilhelm DEVELOWENT CORPORATION r, 8y. aJd17 iln • r M. lIoo e{ Vice Pr eldent i Attest: .i [. ZIL • Kathii S. Reiter, retary h.+loll's I IIP1%. 1 1 V11 Jr"ts.s. r11tiW I VIt. l Ir1Jt— E PARTIE8: M1etw@t e__1Ci�p b1. Wilhfl.m — -- - _ _-- Sollor•, 77A *inriA� Avp_ Nian• Florida 33133 _ (Phone 484-1361 I, gnu V ssttu�s 'h.slt+S�i o,IIIC—. i ta niriminpa jar say ai— .s Bubo. ego lilt r—it Hstinnnl RAnI, Rttilding, Miaml _Florida 33130 (Phone 358-0375 I. O&MG OW for SWIW (hell WI and Buyer Well buy the lollawing property upon the following terms and Conditions WHICH INCLUDE the Standards For Reed Barer T•M1wwM M lhg revone hereof of attached hereto, heralnslter referred 10 s/ ••Stendsrdlsl f.' OEECIIIPTIONs Id LOW da@rlptlen of ►eel astDadetim located in County. Florida Lot 10, Block 2, CHARLES H. FROW SUBDIVISION, according to the Plat thereof as recorded in Plat Book 13 at Pagu 53, of that Public Records of Dade County, Florida 1b) Ifing" siggregoo, it any. of the property being convay«I .@ 3190 Florida Avenue, Miami, Florida is) For@OMI prepoety Included: 11. PUMMASI PRICE:. . . . . . 11 PAYMINT: (d Deposits to be given directly to Sellers as provided in Paragraph 8 8P hA Rider at eretn- _. - .- _- __._ __ m ilia •mount of S _. fbl Wbieet to ANO assumption of Mot illegal .n favor of P nett 1 a Fadera1 Sa v f no,s b Loan bearing Interest at 12.66 .•% Per annum and payable as to principal and Mercer B par month• having an approa.male Present principal balance of S (a) PYfoloo M money mottgaM and note bearing interest at % on terms lot forth herein below. on the — A PrlfsalPd amount of s 1r) Ogler : N JAL — Id SMOfye to close. (U.S. can, conilled of caMler•1 check) subject to adjustments and proretions S •'COntfiset'•, is eenrliloned upon the Suter obtaining a firm comm.inleni lot said %: tort" of wars n - TOTAL S _ an interest rate not tv eaceo.a Buyer agrees to rl.ake soD1:calla n tar aria to use reasonable dolt IV. TITLE EVIEfgCE: within 30 days from date of Contract. Seller @nail• at his @aoanN, deliver to duper or his sttO/ney. in accordance witn Standard A. Maher (CHECK) 11) or (3 12): (1) abstract• or (2) title Insllranr@ I.ommilment with fee owner's title 0011CY premium to be Flood by Seller at cooling. V. TilhlE FOR ACCEPTANCE AND EFFECTIVE DATE if this uffur .s nal exs►cuted by hath of the partlel hereto on or before .._ . tole ghfaMlg deope t(@l shall be, at the option of Buyer• returned to hum and this offer visit thereafter be null and void The date of Contract shelf be the dale hshefl Illy IMt Me of the Geller and Buyer her signed this offer vl. CLOSING GATE: This transaction Wail be closed and the deed and What clos.no Daperl del.vor.0 on the _ 120 thd.V ar foe 1o! iL the BUye•r obtaining theidAd neece sa X ermi st z ni than s iancesi V11. RESTRICTIONS. EASEMENTS. LIMITATIONS The Bulf►Ct11dl IM 1pli uY.ffcma > it `1=�i� a urt go?..urilt�o1o�- geeernrhgW40 WtilONty: Itaetrletoons and matters app@artng on too@ lilt% ur uther•ev.se common to the suteu•+is..ee. Tax" fat year of closing and suOtinluenl vast$ and purchase money mortgages. qftnoW cleelllglr slow full erass terms thereof shall be stated heroin, and in@ lonenllsl shall be (disclosed Dursusni to occupancy df property at thole of clo" uniese otherwise soocihed below If occu an g,Buyer assumes all risk of lose to proparry leum oat@ of occu Stanley. shell tier rtq ram solo dste. and oinsil be doomed to have accepted ter property real and personal .n its ex.ohng IX A BIGNABILITY: (CHECK ONE) Buyer$,$may assign 1 _1n,ey not assign. Contract X. TYPSWRITTEN OR HANDWRITTEN PROVISIONS Type.rviaten or iiarxdwritlen peov.s.ons nsettwd hatenl or attache., haralu as Adole..Ut shall ur,rrol ell gorionsalg gieevhNne In conflict therewith X1. SPECIALCLAUSES• Seller shall deliver subject property untenanted, and with no party having a right to possession thereto, other than Buyer. SEE RIDER ATTACHED HERETO THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. • IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING THIS FOAM HAS SEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORM4 BAA Copyrlghs 1970 by The Florida Bar and the Florida Association of REALTORS MdwylurA 10 Xx Br: r--------- .._... Executed by Buyer on _ September 10, 1984 (SEALI lBuYetl •— --- — ISEALI Pres dent C E ■scut by Setter on l e IISEALI (sailer) (SEAL) I sells# I PM on Ili WA WP.OWht of to of gross purehi@a pr.l.e for it./ serv.aes .n efiv,.I mof one ►ate up I .... l.ti Q.irc a@e Pursuanh to "W fttoso lag c"tfsct In the event Buyer folio to fast tanll ✓nil ue 1 n01 aaL@ei1.11g Ion a-uket s 1ee #leave uanyull,u. *hall uo sew M two lr�of. a full C n ng GO@I@ ek yvnuad by B/okar and Ina tlsl.n/.a snail to@ Hbd to seller 11 the troot"KIian Well not (SEAL) (SEAL) (Nat"@ of Btoterl lSellerl �i Ewe+ >fi>ti is it 1 Ibone year after date Seller signs Contract ("Execution Dateil)@, whichever first occur* STANDARDS FOR REAL ESTATE TRANSACTIONS A EVIDENCE OF TITLE I_j_) An Abalract of tine Oftwaren or J10,9t, • -•,e„f it, a •t.u.,teole and s■Itl,ng Jotlrat I firm III not •■ts"",; men cell I W-1 as • Oros.! oy .re existing felt") purporting to to an occurs 10 c sea of the ,nurwnent5 errec •,sip fnw !,Ile to tubs•, 1 prurovfty 'Scolded ,n tns• m puol,c •ecor,is of e county wherein the lend is affiliated. through teat• of CcIW:t An abstract spar aI•.^lilt• v.lm me earl.alt I'll s or such later date as ^'ay me-t,stn.•.dry ,, in* n county werelfs the land estitualed Seller $hall cU-4V a,nsrsetacele tall. ,r ,ai uruancv w,lh Title Ste a. us anowtelf train tlme to ttme sty To,* a or,na t3ar lublect On(y to Ilent oneuntbrences, exception$ of queltficatlons tea forth ,n th,t C.orlUi.t and IhOSo which +mall be ci,sehargma by Salter @I Or major• closing. Uuon closing of this tralsMetlon such abstract snail become the propetty of Buyer sublrct to Ine r,ynf cat trlrnl�on lhdfruf toy l,rit ,t,Ultgfy$f uni.1 fully DJu1 ), .1. a tit a n%ur Ylte_cOmmltmant Issued by a qualified title lnsurot agreeing to issue to Buyer .,won tet.urd,ng at the Jemd to Buyer an Owner I uoitcy of 11 it lnsuience, n t e amount O the purehMe peace, insuring title of the Buyer to the real property subject only to bens •n.uel,htances erl.votwns or justifications sat forth -n this Contract end thoee which shell as discharged by Sailor at or before closing Buyer shelf have 30 days ,f abstract or 5 .laws .1 title commitment train (jat# of I@, carving. evidence Of title to examine earn* II title is found defective Buyer $hall within 3 days thereafter not,ty Seiler ,n writing specifying defecnt). N tend defsetls.) rendof "tie unmorketODle, Sealer Vital have 1601ays Irom rvcalpa of noi.el within whl..h to ,rmuys said uelecnu anti it Selfvl to, orlsucCtostiul -n rarndYlrag them within mod time, BuVW trials have the option of sillier 111 accewung the title as it then at 12) JvrnailWng a ,efunu of all ,rtonev, ud,u herounaer which shell forthwith be returned to Buyer and thereupon Buyer anti Sells, shall us raleasef as to one anotnvr of all rut lhrr obligations .,noet the Contract now - areas. SMlw Woo that he will. If title to found to be unmarketable use uwgiont effort to correct the,leteo, eil ,n title within the time provided therefor Including theb►rrigingdfassociation" suits. If money can cure, then Buyer may pay and deduct cost from cash to Close. B. EXISTING MORTGAGES. Selfof Mtall furealM► a statement from the mottgageslll setting forth Princluaf bauu.r. method of usv,nent interest rate and whvtner Mat mortassioatletj# In good standing. if a mortgage requires approval of the Buys, by the mortgages ,n Ord to avoid default or for assumption by the Buyer of said retort"", and the mortgagee does not approve the Buyer. the Buyer may rescind tilt" Contrect, or ZJ requires •n Increase rn the interest isle or creargol • tors env roman In axeeve of $10000. the Buyer may rescind the Contract unlass Seller $facts to pay such increase or excess Sailer small pay 50% of lush tee uo to S60.00. Buyer Shell use reasonable diligence 10 Obtain approval The amount of any, escrow dsoos,ts held by mortgagee shall be credited to Saner first meet"" had a 15 day grace period If a second mortgage than OrOVltde for right of nonpayment in whuio or ,n Dart wltho • ,ter acceleration fl eration In of rental* of the property. and shall be otherwise In form situ content required owever, Sallee ,noy only roe quits clouaM cuetomMlly found in mortgages and rn Oltgog• notes gvnef Institutions ,n the county wherein tin property is located. Sold mot, shall require the owner of cep a t Prior liens and encumbrances ,n quou standing and forbid the owner of the Oro party fromm urs adv Mee$ under pllor nortgayel Sl. All Derbnal �7f0 petty Meing conveyed will. at Option Ol Seller ue s..nlec! to the T I..— _ r rL_ —J O. SURVEY: The Buyer, within firms allowed for delivery of evidence of title and examination thereof�llfillilirNsys tin PfOp I+ rtee—rr TWO survey. certified by a regiinmed Florida surveyor, shows any encroachment on said property Of that improvements intended to be located on the Subject prOOS11V ,n feet enc►oaefs On lande of Others, or violate env of the Contact covenants. the %sent small be treated as a title defect Any survey prepared in connection worn or as a cona"Umaea of this transaction may include a description of the proporty under the Florida Coordinate System as defined in Cheater 177. Florida Statutes occurs leaf, may have the Imp►OverhlMta mweeted at Buyer s expMM by A Coetil,Ad�Pottntrol ODarAIOr to determine whether to cove termite infestation Or visible existing dome" from tamer• infestation in the Improvements ,s informed a orego,ng, Buyer will Haut 4 dsyt from date of wtltten notice thereof or 2 days after selection of a contractor who wit in which 10 have all damages. whether visible or not. in- sincted and estimated by a licensed building or general can pay valid costs of treatment and rSnair of all damage up to t'i+li of Pwcns+a Price Should such costs exceed that am we the option of cancelling Contract within 5 Days after receipt Of contractor S repeil estimate b1 giving written mate Ye► may elect to proceed with The transaction In which Went Buyer shall receive a credit at closing of an atn Ounf equal to 1'h% Of F. INGRESS AND EGRESS Sailer covenants and warrants that theta ,s ingress ano •gross to the vropsrty nature and duration of sold tomont't occupant V. rental rates and advanced rent end I boiler Is unable 10 obtain Such latters from each tenant th a, to uyer within said teeny period ,n tn• Oo,rn of a Seller s affidavit, and Buyer may M. LIENS: Shah• shall, both as to the realty and personalty being sold hereunder lufmth to Buyer at time of closing an affidavit attesting to area absence unless otherwise provided for herein. of any financing statements, claims of loan Or ootenhal lienor$ known to Seller era furimef attesting that mere have been no Improve mints to Me proposer" for 90 days Immed Utah Preceding date of closing. It the property hot bean imoravea within said time. Seller than del ever releases Or waivers of all mechanic's Ilens. executed by general contractors subcontractors. Suppliers, and materialmen, in audition to Seller s loan alfwavot setting forth trio nerves of MI such general Contactors• subcontractors. luppllsr$ And matenslmen and further reciting that in fact ail bells for work to the Subject otoceeray wh,cre could serve as a basis for a mechanic's lien have boon paid or will be paid at closing. 1. PLACE OF CLOSING. Closing /hall be held ,n county wherein property ,s located, at the office at attorney or other closing agent Jaf,Qnatesd my Seller J. TIME: Time is of the ewnco of this Contract. Any relsorence herein to t,n,s periods of lose than 6 days small ,n are• computation thereof •■cluae Saturaeys Sun days and In" holldeye, and any tern• period provided for Martin which shall •ntd un a Saturday. Sunasy or legal hoi,rfay %mail extend to 5 00 P for, Of the next full business day. K. DOCUMENTS FOR CLOSING Seller than furnish de ou rnrr:man,c s level ,,ill,l,ivo ass,gremilents of leases atnl any I u,tectly• ,nsttiments mat n.av me fwulreo In connection with perfecting the title. Beaver shall furnish closing statement mnrigayu. Inorigrgr note, anti fonantiny Stale ... Onto L. EXPENSES: State sums and documentary stamtm$ which are rwum•d to uu alleged to the Instrument at cunvevance. Intangible tax on inu recowing Ol bur, chase money morf"" to Sailer• and cost of recording any corrective inslturhents shall U• Psits my Sailer Ducu,nentary stamws to us aitixwd to late note cat notes secured by the purchatse money rn Ortgo". cost of recording the deed end financing statements snail be paid Uy Suva( M. PRORATION OF TAXES IREAL AND PERSONAL) Taxes snail be prorated based on from current yeer's tax with uue silowanco moue for inaxlmurn allowable discount and hOmMteatd of Other alternations if allowed for Yau year If Oces,ng Occurs at a cote when thin current yver I mileage is not toned and current ydar Is •ueument Is available, teats will be prorated based upon such assessment and free print year a mdlogs. If current year s assessment is not Weriab U. then taxes —il be protested on the prior Vogt of lax, provided, however• if there arm completed improv mania on the or000rly, Low January lit of was$ Of closing, which irnprovenrnts were not in existence on Janwwv 1st of the prior year, then laws% small hi prorated reared open the prior year s millage and at an eauitabls assessment to be agreed upon between the parties. falling which, request will be mean to the County P'otestiv Awwrei Mr for an ,Ieln,maa Jtswsn,ent taa,ng into ,rwlt,iiatat,un nomelleau assimilation. If any. MOvmlevar. any tax proration breed on an alternate niey at scausal of either party to into transaLUon be suusecluently reaulustva .,won receipt of tax bill on Condition that a statement to that effect 11 set forth in the closing statement. N. SPECIAL ASSESSMENT LIENS Certified confirmed and ratified spoLidi assessment items as of Cote of clus,ng land not as of (late JI COnt•a.0 a,W to Um Wiled by Seller. Pending liens as of date of closing Mall be assumed by Buyer. provldma mowevef. that where tins trenurove.nent has bean sunstantlaiiv comolrtou as of the date of Contact, such pending lien shell be considered as certified, confirmed or ratified and Sealer $11611, at closing, us charged an mount equal to In* loll •atamsta by the public body, of the aswwnent for the improvement working condition as of B dove prior to closing. B finance thereof, and shall report in writing to Sea he snail its deemed to have waevau bellur s warranty as to filoure, nor fm)wtetd Val'u reworteo Valuation of that improvements t0 damaged. cost of restoration shall be an obligation of the Salle, and • !arms -of Contract wTt s}—Coa therefor eeC►Owed at closing In the event the co t O t • astosadU votuation of the improvements so damaged Buyer shall have tin as it, together wean either In• said 3%s or any Insurance proceeds Payable by vertu• of such loss Or asrnage. at of R PROCEEDS OF SALE ANO CLOSING PROCEDURE The Cases than low rvLu,doa upon ciesrance of lunus and ev,eence of title continueff tie Buyo s r■orns• to snow title in Buyer. without env encumbrances or Chen" which would retwor Seiler s fell• unmarketable from in• Oslo of the lost ot-denc0 and ins cash pro Condo of SM shall a hold In efferow by Seller'$ attorney or by Such Other escrow agent of mAY be mutually agreed w2on to, a periou of nut longer than 5 m•y's from and efts► Closing date. If Saller's title Is rendered unmarketable. Buyer shall within said rJ City period notify Salle, .n writing of area reelect anc Seller Snail have 30 deVS from data of receipt of Such notification to curs said OafaCII In rho event Seller fall$ 10 tamely Cute Said defect all monies Data hersunmor small ..non written diamond therefor and within IS deY@ mefoaf Ur, be rolwrnod to Bell der ono. simultaneously with such repawinent. Buyer small vacate in* wrainises and rec On• way tn• propenff In question to the Seller by special warranty deed In the event Buyer fails to mane ttfnely Demand for refund no $hall asks 1,11e a$ It. weiv,ng all rignta agelnss SHIM M t0 often Intervening defect except as may be Available to Buyer by virtue of warfantles, it env, contained on used in the event a POrt,On of the ourtha price Is to be derived fear" institutional financing at to financing, the requirement@ Of the lending institution so to place. time and p,ocsdures for closing, and for disbursement of mortgage procods. MINI Control, anything ,n toes Contract to the contrary notwitnetannong. Provided. however treat tree Serial, shelf maws the right t0 require from such lending Institution at closing a commitment that ,t well not withhold disbursement of mortgage procesns as a ralult Of any 1000 dersct attributable to suver. mortgagor. S ESCROW: Any eec►ow pant receiving funds as euthoriaau And agrees by a.cesetstme Maloof to prainutiy uoposil inn to halo same oil rH.tow gnu to ultwurse sertsl subject t0 eleeranee thereat in accordance wain terms load cond,feoo, -if Guntravt Failure of .fearancm sit tuners then not raruw tealunalan.w uv tme Puvr, In the event Of daubs M to hie autles or liabilities under the* provisions of tries Conlrae.l Ine escrow agrelt n,his sole nnctwt,on cunt..—@ ,, Plain ,he •m,onnts which Me the subject of this escrow until the parties mutually agree to came o.sburse,twnr thereof ur until a ,uwpnwnt at J Collett of COmurtent I.er.51JILI,On small daterfnine the rights of the patties thereto, or its may usposil an Inc .,in ... t:, must halite a•urs.oant to this Cuntiart .von, rhr Cie,k of the Cie. It Court ni Ine C•I•erny Awing jurisdiction of the ofssauts. and uPOn notifying all Pallbts a well .•uu..1 .1 I, ,., ulll, ill Isalnl.Iv m- Ill. waft cal feet. .•M low a.J,!I1I ♦hip I .II, .ten ,, I., ,... ,,I,, to the an tent Of accounting for any nsonims therotatutm teal evrrud U.,I III use"J", II a I.c.•.o►!:J fore oar ale hies of in. r Iuwru 'roil .-u, IIIAV rr-11.,.%I..I It ter Sv. 1 101 1 475.25 11) (e), F.S., an ansern Oro In the event of any suit berwuei, dye, lines Suite-, .vnrlein them rscroov aejette ma,ae J i,.Ifly lay vie r n• J, , ,,., me tulle,. tu. agent heres►L'erW n, or In the ene Went of any suit whern escrow agent miterpl.•.rus cat• nout ,naafut t tn.s Il: el scruthe cs.fuA jywt tiva I e I•rt 11. �1` to Iecuvet a reasonable anOfn•v's fin and "sit mcurrod. said fuss ana I Otis Ito IrU • I.eryv,o an,$ assW.sod aS .u'Irt .OSIS In lavur sit Nit' irevaiiing .I,n,i .t a I• .,y•,•e Mae In, escrow agent Maail not be liable to tiny narty Or pefsun wraufn,�,.•vu, i..t nn,.jPe,vv,v to Il.,vur ,.I ltolh•• of —I,n" I fit it"$ ,•t• In.v .,..I,,. •, ., o, i.v41.1 r shall be due to willful breach of the• Constoct or grow negligence on let#, plate it the- e v .,ry Jgunt T ATTORNEY FEES AND COSTS in connection won arty lir,yan.1.• „i.l..un.y al,wvnatr pro. Clo Ie, . , „ %.—J c I cal In'. . 0-11'a I mow . ,•.,. toy Warty snail Do entitled to recover fo"anable attorney a fees and coot U. DEFAULT' If suffer falls to perform inns Contract oroilim ihot I.. n1• :.,I• .r—i tnu .Iavoll.lis) p.,,•1 r.v fur , .v,., ,In„.. ,,., ,nav too I. I. — I I v ,,u M. ,,. a„sit Of S$Ile► M liquidated dame"@. conaluerat.un to, the a.a**,,.Porn „I Inos Cv Ir1.,t 1 J11.1 ,1, luteI.r. ui., r" all Obli"tlono under the Contract '! u. vr,y Irutun Jiner then teilleare of Salter to rename lots tills Inorkalable altur ,fel.pr.,i I fti,ti our. f.I,,, n.•yI,•, I: ,., ,•t„tr, to we, In. I. m.s .;„hum , uI,•,. ,r' v „•t•• •.I'r.,t,. nil formtance at elect to receive Inu ruteiflf of 1m.$.Iepos.11s) wllho.,l IU.v, fly —.--t ..,- r .,. I.nn One ,I.o „uyo ,.'tnit,ni) I...... _.•I It., , I.. ea. 1. V CONTRACT NOT RECONUAUL(, PL NGUNS UUUNU ANI I No I ILI lo—vii I it— Luntr.., a nut ,n y nIu„ .. nn•...m1 dL,n I.e rye . I.I.ri .,, n, , •.eel, n•. ..a,q This Contract Mall OIItd and inure lu the tionet,l of the pael.vie herrlu lend thc.e fen , e.%uss in onlers:t Whmnrvei me' I --,vie I prinufs song,aeer sit it ,iuudr a.inta+ a1M one "note $hall Include all Notice gevan by or to ins ittolney lot either party Miia rate as effective as II given by or to Salta party IAf. PRORATION$ AND INSURANCE' Taxes, osunsmenls. tent, interest nsu,an,o ana Other expenses and /awenum ul Saum wrowe,ty st.u.I lit n•otiteu it of .)ale Of Closing. $uyer Mali hart the Option of taking over ante existing pua.Caes of insurance on in• prdparty. If asSumabfe. It" wh,cn Weill praln,u,a.s $hill Us itrofatod The seen at closing Mall be increased at usecra ajad M may no reiauuvu Uy sesou wrorauons All feforrnces ,n Cumlract to wroralWns as III .Idly mf , losing ww be dommod "Cato Of OCCHpanCtr" it occupancy Occurs prior to closing• unless ulhcrw.tu n•uv.dmn to. nuta,n X CONVEYANCE- Seller shelf convoy title to One ofartseld real Property uY ►lasulary warlaniy listed suneact only to rilrtfe•rs ionraillM ,n Peragr.ipn Vol nereal Pa harps ►oPMN Mall. al one request at Buyer. tea conveyed oY ass absolule bill of Sale with warranty of title Suhject t0 fuch jig.,, as may Ue ,illfmrf woes providers �i 2t V OTMER AGREEMENTS: No prior or present agreements or rewra$mnlet lon# Arian be binding wool, any of me warless he b�unl i[nc"oryoreiw ,n Ihla Contract. NO rhodiflcation or change in this Contract shall Of valid or bonding upon the partmeo unless In wr,feng esmcuteu by ' Operates t 0aMtn r y,, GG --� � { �ER TO CONTRACT FOR SALE AND P fJHASE BETWEEN M CHAEL D. KINERK AND DENNIS W. h.►.HELM, AS SELLER AND VENTURE TWENTY-ONE, INC., ITS NOMINEE OR ASSIGNS, AS BUYER EXECUTED BY BUYER ON THE 10th Y OF SEPTEMBER, 1984, AND BY SELLER ON THE DAY OF SEPTEMBER, 1984. 1. This Contract contemplates a simultaneous sale and purchase of Lot 9. of said Block 2 between the same parties hereto. All rights and obligations hereunder are contingent and conditioned upon such simultaneous ads and purchase. 2. Notwithstanding anything contained herein to the contrary, if Buyer defaults, Seller's sole remedy is to retain the Deposit(s) made under this Contract as Liquidated Damages, and all parties hereto will be relieved and released from any and all obligations hereunder. 3. Buyer, its employees and/or agents may enter the subject property for purposes of testing soil and/or sub -soil conditions and for taking core drillings. 4. Brokerage. The parties agree that Venture Development Corporation is the only real estate broker, salesman and/or agent involved In this transaction. Venture Development Corporation hereby waives any claim for real estate brokerage commission that it might otherwise be entitled to, with respect to the Sellers, Michael D. Kinerk and Dennis W. Vilhela. 5. This contract For Sale and Purchase, and Buyer's obligation to purchase the subject property, are not conditioned and contigent upon Buyer's receipt of all necessary permits, zoning changes. special exceptions, Variances, etc.• from appropriate governmental agencies to allow the subject property to be used in a unified development in connection with contiguous property which is presently zoned for business use. Buyer shall pay all cost and expense arising from such efforts to securing all necessary permits, zoning changes, special exceptions, variances, etc., and agrees to hold Seller harmless from all such costs and expenses. However, Seller agrees to cooperate with Buyer in such efforts and to sign all documents which Buyer reasonably requires Seller to execute. 6. Options To Extend Closing Date: If Buyer has not obtained the necessary permits, zoning changes, etc., as more fully described in Paragraph 5, berainabove, within one (1) year after Execution Date. Buyer, at its sole option# tsy.axtend the Closing Date for up to three (3) periods of one month each. by giving written notice to Seller ten (10) days prior to the scheduled Closing Date, and delivering to Seller for each such one (1) month extension period. If this transaction fails to Close. Seller shall retain the Xxtanaion tee or Fees as liquidated damages. If this transaction does Close, tM i of the Extension Fee or Fees paid to Seller shall be credited against the Purchase Price and balance of cash due to Seller at Closing. 7. Buyer accepts property in its "as is" condition as of time of Closing. Seller sakes no representations as the condition of the property loicluding, but not limited to, roof, termites. etc. S. Buyer shall deliver to Seller upon execution of this Contract, and another dollars to Seller on or before March 1, 1985, ii�wlnbr-ww tails to close for any reason other than a default on the er. or Seller's inability to deliver title as pro agraph A of Standards For Beal titate Transactiona. retain such deposit or deposits already tsdy by B sd dasuges, and all parties hereto will be released and or on date of Closing, whichever first occurs. -2- 0 0 A 9.. Buyer may give present Tenants of the subject property notice to vacate premiss• as of date of Closing this transaction. Such written notice ft •ball be given not lase than sixty (60) days prior to date of Closing. If Tsoaats vacate premises as a result of having received such notice from Buyert sayer agrees to pay Seller for each day after premises are so vacated (if any) until date of Closing to reimourse Seller for lose of rental income during such period. 10. Seller may remove any personal property and/or building improvements from the subject property. including, but not limited to, light fixtures, and air conditioning equipment, without any reduction in the Purchase Price to be paid by surer. Buyer: Venture Twen -0ne.. Inc. By: / Ron ld L. Fiae. President Attest: (.tip v t ie S. Rei er,�8eoretary Selle1 N c ael D. Kinerk Fto Sellers) Dennis ilhe im Venture Devel ment Corporation By: 2 sier RI Mooce.Vice President Attest: Kathie Reiter. Secretpry LAO 0 . D si By CONTROL PETITION FOR VAR IAAh ( File Number V-83- A variance is relaxation of the terms of the ordinance where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, literal enforcement of this ordinance would result in unnecessary, and undue hardship on the property. As used in this ordinance, a variance is authorized only for height, area, size of structure, dlmensions of yards acid other open spaces and offstreet parhRg or loading requirements. (Section 3101) 1, Ronald L. Fine hereby petition the City of Miami Zoning Board for a variance from the terns of t e "Zoning Ordinance of the City of Miami," affecting property located at 3195 Grand Avenue ._ Miami, as specified below. In support of this application, the following material is submitted with this application: I. Two copies of a survey of the property prepared by a State of Florida Registered Land Surveyor. 2. Four copies of: the site plan showing (as required) property boundaries, existing (if any) and proposed structure(s), parking, landscaping, etc; building elevations and dimensions and computations of lot area (gross cnd net), building spacing, LUI ratios, and height envelope. 3. Affidavits disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4a83, attach to application). 4. Certified list of owners of real esrare within 375' radius from the outside boundaries of property covered by this application. Form 6-83 and attach to application.) S. At least two photographs that snow the entire property (land ar.J improvements). S. Other 7. Fee of the cost of processing, based of the following (a) RS, RG-I $100.00 Cb) For penetration of Plane III by antennas and the like $300.00 (e) All other applications for each request variance $0.03 per sq.ft. of floor area of building(s) from the ordinance minimum - $300.00 (d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.a. to bp refundbd if there is no appeal. (City Code - Section 62-61) 2� 0 8. The Variance requested is for relief from the provisions of Section 1 525 of -- the City of Miami Zoning Ordinance as follows Penetration of building into required light plane 9. In support of this application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 3103.1 of the City of Miami Zoning Ordinance: Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. _ (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the some zoning district in that: (list evidence to j be produced and use additional sheets, if necessary.) - Subject property is adjacent to residentially zoned land. Major portion of SPI-2 property is not adjacent to such zoning. Residential open space requirements place restriction on development on such properties which is not placed on other sites not adjacent to residential districts. - Use of structure is mixed residential/non-residential with residential occupying top two floors. - Design provides for light penetration and air circulation from building exterior and from interior courtyard thereby creating need for greater building depth north to south. ? - Lot shape makes it difficult to apply strict adherence to transitional light plane requirement due to depth of lot from north to south. (b) The special conditions and circumstances do not result from the actions of the petitioner in than - Loss of lot depth is due to R/W widening required by the City. - Building designed under Post Office approved guidelines. - City layed out ozoning*districts placing residential adjacent to commercial zoning without providing any form of buffering other than that which results in a penalty to SPI-2 developers located adjacent to such residential districts. �� z5 (c) Literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships an the petitioner in that. Transitional light plane requirements restrict both the function and the design of the building. In designing the structure, consideration has been given to providing an aesthetically pleasing and functionally sound building. Strict adherence to the light plane requirement would limit the appeal of the upper levels for residential use. The applicant meets all other building bulk regulations and provides greater open space than is required . (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the some zoning district in that': The majority of property in the SPI-2 district is not adjacent to residentially 1 zoned land and, therefore, has no light plane requirements. Other properties located adjacent to residentially zoned land, have the same recourse available to seek relief from the hardship caused by the transitional requirements set up to "protect" the residential land while restricting SPI-2 ' development. • (e) The variance, if granted, is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: Allowing a slight encroachment into the light plane will make it possible to design a building which provides for both internal and external amenities at all levels. Provision of internal open space at the upper levels makes it possible to provide a mixture of residential nonresidential uses as the Ordinance intends in a structure which is both functional and aesthetically pleasing. 0 9 1 (f) The grant of the variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Intent of the SPI-2 district is to encourage a mixture of residential/ non-residential uses in a manner which is both internally and externally pleasing, thereby encouraging a combination of such uses in an innovative and creative building designed to provide amenities to both pedestrian users and residents. The subject site offers an opportunity for such a blending of uses, is in harmon" Aith the intent of the Ordinance and provides a welcome addition to the area. e: Air documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. Signature ,/ ,i Authorized Agent Name Ronald L. Fine Address 50 Biscayne Blvd, Suite 300 STATE OF FLORIDA) SS: Miami, Florida 33132 COUNTY OF DADE ) Ronald L. Fine being duly sworn, deposes and says t aft a is the Owner Authorized Agent of Owner) of the real property described in answer to question #I, 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 on behalf of the owner. L (SEAL) ome SWORN TO AND SUBSCRIBED Ronald L. Fine before me this 8th day of _ gtioust = 198 5. Rotcfry Nu lic, State of Florida at Large MY COMMISSION EXPIRES: Form 1-83 STATE OF FLORIDA) SS. COUNTY OF DADE ) AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ronald L. Fine who being by rr:e first duly sworn, upon oath, deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9500 of the Code of the City of Miami, Florida, effecting the real property located in the City of Miami as described and Listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete pernission for him to act in their behalf for the change r.jr 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 names, mailing addresses, phone numbers and legal descriptions for the real property which ne is the owner or legal representative. 4. The facts as represented in the application and docents submitted in conjunction with this affidavit are true and correct. Fumher Affiant sayeth not. ----MEAL) (Name) Ronald L. Fine Sworn to and Subscribed before me this 7th , y of August 19 85 Notai-jr c, State of Florida at Large �1 My romnission Expires: ' COINTROL) No. ` a-, � - . A Y* A. All in Block 2, Charles H. Frow Subdivision, PB 13-53 0 OWNER'S LIST 0 Owner's game Coconut Grove Bank Pension Trust c/o Mr. Robert S. Forbes, Vice Presid Coconut Grove Bank Mailing Address 2701 S. Bayshore Dr., Miami. FL 33133 Telephone Number (305) 858-6666 Legal Description: Lots 13-18, less the West 2.5 feet thereof an less the South 15 feet thereof. Owner's Nane Mr. Charles J. Frow (16.67% Interest) Mailing Address P.O. Box 57, Marathon. Florida 33050 Telephone Number (305) unlisted telephone number Legal Description: Lots 19 b 20, lees the South 15 feet thereof. Owner's Name Mr. Flovd Frow (26.67% Interest) Mailing Address 1049 83rd Street, Ocean, Marathon, FL 33050 Telephone Number (305)unii_sted telephone number Legal Description: Lots 19 b 20, less the south 15 feet thereof. * See below list of continued names Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: Street Address Legal Description Lots 9 b 10 Block 2, Charles 8. Frow Subdiv: _ 3174 b 3190 Florida Avenue PB13, page 53, public recor s o ads County Miami, Florida 33133 (Contracts to Purchase held by Commodore Plaza Square, Inc.) Street Address Legal Description • A �... .. Lots 11 b 12 less the Vest 2.5 feet thereof, 3192 Finrida Avenue Block 2. Charles H. Frow Subdivision. PD 13, Mimi_ Florida 33133 page 53. public records of Dade County. Flor: OWned by Commodore Plaza Square, Inc. Street Address Legal Description + Lot 9, Lot 10 6 Lot B, Block 20 3251 6 3281 Florida Avenue �j Frow Homestead. PB B. page 106. 1�r Miami, Florida '—'—� Public Records of Dade County, Florida owned by C.J. Frow, K.C. Frow 6 illian F. Orr Mrs. Katherine Frow Ciccone (28.33% interest) Commodore Plaza $guars. Inc Route 4 Box 977, Sunmerland Key. Florida 33042 (Lessees on long tern lease (305) 872-3349 with options to purcbase) Lots 19 b 12. less the South 15 feet thereof, P.O. Box 110110. Miaat, n 33111-0110 Mrs. Lillian Frow Orr (28.33% interest) (305) 358-0375 6001 S.W. 117th Avenue, Miami. FL 33183 Lots 5feetthereof d less l 13-20, lose t ast Lots 19 b 20, less the south 15 feet thereof. south 15 fast ther unlisted telephone number b�� r� a I 0 DISCLGSUFE OF %,tWSHIP 0 1. Legal description and street address of subject real property: Lots 13-20, inclusive, less the West 211 feet thereof, and less the South 15 feet thereof, Block 2, Charles H. Frow Subdivision, Plat Book 13, at page 53 of the public records of Dade County, Florida, 3195 Grand Avenue, Miami, FL 33133 2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. A. Lots 13-18 are owned by Coconut Grove Bank Pension Trust. The mailing address is c/o MR. Robert S. Forbs, Vice President & Trust Officer, Coconut Grove Bank, 2701 S. Bayshore Drive, Miami, FL 33133 B. Lots 19 & 20 are owned by heirs of Katherine C. Frow, in the following percentages: Mr. Charles J. Frow 16.67% Mr. Floyd Frow 26.67% P.O. Box 51. 1049 83rd Street, Ocean Marathon, FL 33050 Marathon, Florida 33050 ** See attached list for further listings 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. • A. Lots 13-18, 3195 Grand Avenue, Miami, Florida, 33133, are owned by Coconut Grove Bank Pension Trust. B. Lots 19 & 20, 3195 Grand Avenue, Miami, Florida 33133, are owned by Mr. Charles J. Frow, Mr. Floyd Frow, Mrs. Katherine Frow Ciccone and Mrs. Lillian Frow Orr *** See attached for further listings 7 OWNER OR ATMF 4EY FOR OWNER Ronald L. Fine STATE OF FLORIDA ) SS: COfTLCY OF DALE ) Ronald L. Fine , being duly sworn, deposes and says that ne is the (Owner) (Attorney foi Owner) of the real property describers in answer to question #1, above; that he has read the foregoing answers and that the same are true and cofrplete; and (if acting as attorney for owner) that he has authority to execute this Disclosure of Ownership form on behalf of the owner. (SEAL) Rjame Swats TO AND StJbSCaIBED before me this 7th _ day of August ' 999 5. 1 Nota Pub ic, State or Florida at Large MY CCIMMISSIM EY-FULS: M DISCLOSURE OF OWNERSHIP, Continued Mrs. Katharine how Ciccone Route 4, dos 977 Suamerland Key, Florida 33042 Mrs. Lillian Frow Orr 6001 S.W. 117th Avenue 26.332 Miami, Florida 33183 TOTAL 100.002 2C. Lots 13-20 are leased under long term lease@ with options to purchase, to Commodore Plata Square, Inc., P.O. box 110110, Miami, Florida 33111-0110 2D. Ronald L. Fine, 50, Biscayne Blvd., Suite 300, owns 1002 of Commodore Flaw Square, Inc. stock. AAA 28.332 SC. Lots 13-18. 3195 Grand Avenue, Miami, Florida, 33133 are leased to Commodore Plaza Square, Inc. 3D. Lot 9, 3174 Florida Avenue, Miami, Florida, 33133, is under contract to purchase by Commodore Plaza Square, Inc. 3E. Lot 10. 3190 Florida Avenue, Miami, Florida 33133. is under contract to purchase by Commodore Plaza Square. Inc. 3F. Lots 11 6 12, 3192 Florida Avenue, Miami, Florida 33133, to owned b7 Commodore Plata Square, Inc. 3G. Ronald L. Fine, 50 Biscayne Blvd.. Suite 300, owns 1002 of Commodore Plata Square. Inc. stock. 3t1. Charles J. Frow, P.O. Box 57, Marathon, Florida 33050 and Katherine Frow Ciccone, Route 4, Box 977, Summerland Key, Florida and Lillian Frow Orr, 6001 S.W. 117th Avenue, Miami, FL 33183 own Lot 9, Lot 10 and Lot B, PB B-106, 3251 and 3281 Florida Avenue, Miami, F1 33133 RE By � CONTROL No.,,� 16 c� V. V 11 COCONUT GROVE BANK 2701 BAVSHORE ORIVE MIAMI, FLORIDA 33133 TE;,E?-ONE SES-66C56 TELEX sr SI8939 CO:,ROBANK WERE SUMMER SRENOS THE WINTER ROBERT S. F'ORBES SENIOR VICE PRESIDENT - TPUST . RE `rV* August 9, 1985 By Commodore Plaza Square, Inc. CONTROL F/K/A Venture 21 No P. 0. Box 110110 r Miami, FL 33111-0110 Attention: Mr. Jack Moore Gentlemen: This letter is a follow-up on our telephone conversation concern- ing the real estate described as follows: Lots 13, 14, 15, 16, 17 and 18 of Block 2, of CHARLES H. FROW SUB- DIVISION OF BLOCK 13 of the Edward Pent Homestead, according to the plat thereof recorded in Plat.Book 13, at Page 53 of the Public Records of Dade County, Florida, which is leased to Venture 21 under lease dated December 5, 1961. The Coconut Grove Bank, as trustee of the Retirement Plan for Employees of the Coconut Grove Bank, is the owner of this pro- perty. The beneficiaries of this trust are officers and employees of the Coconut Grove Bank, none of whom are employed by or receive any financial rewards from the City of Miami, Dade County, or any of the agencies thereof. 0 1 Commodore Plaza Square, Inc. August 9, 1985 Page 2 No one individual beneficiary of this trust has a vested in- terest which would equal as much as 5% of the total market value of the assets in the fund. Si�ely, Robert S. Forbes Senior Vice President - Trust RSF : gwm 0 & � ,. - . A rr: A. COCONUT GROVE BANK 'J - Y P-701 SOUTH BAYSHORE CRivE MIAlfI, FLORIDA 33103 -E-_Z'"ONE 956.9666 TE6Ex -W 5�6939 CCG906ANK W HEIE SJMMER SPENDS THE WINTER ROBERT S. FORBES SENIOR VICE ARESICENT - TRUST January 6, 1986 City of Miami Miami, Florida Attention: Planning Department Gentlemen: This letter is a follow-up on my telephone conversation with Commodore Plaza Square, Inc. (f/k/a/ Venture Twenty -One, Inc.) concerning the real estate described as follows: Lots 13, 14, 15, 16, 17 and 18 of Block 2, of CHARLES H. FROW SUB- DIVISION OF BLOCK 13 of the Edward Pent Homestead, according to the plat thereof recorded in Plat Book 13, at Page 53 of the Public Records of Dade County, Florida, • which is leased to Venture 21 under lease dated March 10, 1950, the Lessor's interest in which was assigned to the Trustees of the Coconut Grove Bank Retirement Plan on December 4, 1961. The Coconut Grove Bank, as trustee of the Retirement Plan for Employees of the Coconut Grove Bank, is the owner of this property. The beneficiaries of this trust are officers and employees of the Coconut Grove Bank, none of whom are employed by or receive any financial rewards from the Citv of Miami, Dade County, or any of the agencies thereof. a r- City of Miami January 6, 1986 Page 2 No one individual beneficiary of this trust has a vested interest which would equal as much as 5% of the total market value of the assets in the fund. in ely, 9:pv Robert S. Forbes Senior Vice President - Trust Sworn and subscribed before me this _ �4 day of January, 1986. Notary'Fuu11c 1 My Comnissip exp ire,: ory PvJlic State of Florida at large, My COMMi;SiOn Expires Jan 6, 1981 Banded Thru General Insurance Und. Exhibits Attached to Letter from Robert S. Forbes, Senior Vi�President - Trust, Coconut Gr� Bank, i to the Ci., of Miami, dated January 6, 19,E ft Exhibit Description A. Indenture of Lease, dated :March 10, 1950, by and between Charles H. Frow, as Lessor, and Barbara Corporation, as Lessee, as recorded in Deed Book 3251 at page 599 of the Public Records of Dade County, Florida. B. Assignment of Lease dated March 10, 1950, from Barbara Corporation to Tulip Realty Corp as filed for record on March 27, 1951, under Clerk's File No. AA-31732. C. Assignment of Lease dated December 4, 1961, from Joseph B. Frow, Administrator of the Estate of Charles H. Frow, Deceased, to A.D. Harrison, J.D. Reeves, and Leland Hyzer, as Trustees of Coconut Grove Bank Retirement Plan, as recorded in Official Records Book 2940 at page 646 of the Public Records of Dade County, Florida. D. Certificate of Merger -of Tulip Realty Corp. into Cobbs Creek Shopping Center, Inc., as issued by the Department of State of the Commonwealth of Pennsylvania on September 2, 1964. E. Certificate of Merger of Cobbs Creek Shopping Center, Inc., into Food Fair Stores, Inc., as issued by the Department of State of the Commonwealth of Pennsylvania on September 2, 1964. F. Amendment of Lease dated June 12, 1970, by and between A.D. Harrison, Richard V. Radel, and Charles Heweker, as Trustees of the Coconut Grove Bank Retirement Plan, as Lessor, and Food Fair Stores, Inc., as Lessee, as recorded in Official Records Book 6910 at page 681 of the Public Records of Dade County, Florida. G. Assignment of Lease dated June 12, 1970, from Food Fair Stores, Inc. to Venture Twenty -One, Inc., as recorded in Official Records Book 6910 at page 685 of the Public Records of Dade County, Florida. I Mt j I A � i 2 j •.. NuC�+ V Af r .r. V INDENTURE OF LEASE THIS INDENTURE, rado and ontorod into 4t Miami, Dad* County, Florida, thialotLday of wa'r• ch'' :•- , 1950, by and bo• tweon CHARLES H, FROW, a single man, party of -the first part, here inefter referred to as Lessor, and the BARBARA CORPORATION, a Florida corporation, party of the Second part, hereinafter re- ferred to as the Lessee, which terms "Lessor" and "Lessee" shall' include the heirs, personal representatives, successors and oz- signs of said parties whorovor tho context horoin co.requires or, adults • .. . •. r, ;� .'" ' •. . • • WITNESSETH:- 1 I. The Lessor, in consideration of tho rents herein- after reserved and the covenants and agroemontc hore'_n exprossed on tho part of the Lessee to be performed, has loased and by thasa reaents does lease unto r p the Lessee the tollo�in� dosc. _bed 1.. oper- ty, situate, lying and being in Dade County, .Florida, and particu- larly described as follows, to -wit; 1 Lots Thirteen (13), Fourteen (14), Fiftoon .�•r (15), Sixteen (16), Seventeen (17) and Eightesa (18). of Block Two (,'C-) , of the C.HARL?S SUBDIVISION, according to the plat tharoo: re-' Horded in Plat Book 13 at Pago 51 or two Pub lie Records of Dade County, Florida. subject to conditions, restrictions and limitations o: record, easemonts for public utilities heretofore granted or reserved, zoning ordinances of the City of Miami, Florida, and taxes for the year 1950, and subsequent years. (Lessor ropros•onts that the a- bove described property is Zahed B-3 (for liberal-busiaoss pvr- poses) and may be used 'for ' a super-markot and parking of autoro- bilea.) - TO NAVE AND TO HOLD the abovs doscribed property, with, the riehts, prlvilegos, easements and appurtenances thorounto ap- pertaining' for and luring the tors► of ninoty-nino (98) years fro= LAW OPPICO• �- 1 VA* sivnefi r• nuu "Mon _y PAGEY'96 and after gilebht:TO.', ,1950, that is to says from Ztdr.obAot 19549 to and including jWch ^•10's 82049, ' II, Tho Loaseo, in consideration of the leasing opt the premises horoinabove more particularly dosoribods and is 4on• aidoration or the mutual promisor, undertakings and covenants herein contained, does hereby, agree to pay.rent to'the Lessor& a4 follows; „ DOLLARS, per year for the first five (5) years of the torm hereby granted - that is to say, _ DOL- LARS for each lease year for the period of time con- ., mencing March. 10, ,1950 and ending 113nch-.10, 1955; and DOLLARS per year for the ' balance or the term hereby granted, - that is to say, DOLLARS for each lease yoar for the period of time commencing Earch-10 , 1955 and endirG March•10, 02049. The first sit months of rent in the sum of DOLLARS shall bo payablo upon the execu-' tion of this lease, and thereafter the balance shall be payable quarterly in advance. III, In consideration of Ten ($10,00) Dollars and other good and valuable coneid erations, the receipt whereof is hereby acknowledged, and in consideration of the actual promises, conditions and undertakings herein contained, the Lessor hereby gives and grants to the Lessee at any time after the tenth (loth) 7ear13 rental has been paid the option to purchase all of the pro - party horsinabove'more particularly described at a price of .t , DOLLARS cash, free and clear of all *noun- brances, provided that thirty (30) days' notice of the deterMUft tion of ,the Lessee to exercise said option -and to, make said chase shall be given in writing to the Lessor by registered Anil to his address at 3542 Royal Palm Avenue, Coconut Grove, Via" 338'. Dade County, Florida, or at such other place or places as tb6 ZA&.& nor may advise the Lessee in writing, and thereupon the Lossdr will be required to convey the proporty to the Lessee b7 t pod and sufficient general Warranty Decd. , ,raw Orricrs I� k MOW • ,� nCCXv24J--� IV. All rents which bocome duo and payable hereunder shall be paid in lawful monoy of tho United States of America and if tho same shell not be paid on the respective due dates, shall. bear interest at the rate of ,four (4%) per cent per annum. Ve All rents herein provided foi- shall be paid to tho Lessor at 3543 Royal Palm Avenue, Coconut Grove, Uiami 33, Florida or at any other place that Lessor designates by notice in writing as hereinafter provided. VI. The Lessee agrees to pay and discharge, in.addi— tion to the rent herein reserved, all levies and taxes, general and special, of every nature, kind and character whatsoever, which may be taxes, charged, assessed, levied or imposed upon said prop• erty,'or upon any building thereon, from and after January 1, 19500 but taxes and assessments for the year 1950 shall be pro— rated as of the date of the commencement of this lease, as-firat above written. Nothing herein contained, howover, shall obligate the Lessee to pay or discharge any personal tax obligations as— sessed againat the Lessor, or estate or.inheritanae taxes, Which may or may not become a lien upon said premises. The Lossee a — gross to obtain and deliver to the Lessor receipts shooting pay— , menta of all levies, taxes and assessments paid on said pre=.isos of every nature and character whatsoever which the Lessee is obli- gated to pay under.the terms of this lease, prior to the•ti=o when the same may become delinquent within the meaning of the law. VII. The Losses covenants and agrees that it shall not, do any act or,mako any contract to incumber.in any�mannor the t t,!* of the Lessor to the said promisee or lmprovements-which nay here— after be placed thereon, and that the Losses shall, during'tha full term of this lease permit no mochanival, la►boro ,%% or matorial. men19 11oas to be filed or placed against the Said Lessor's In-- teroat in sad to said premises= and LA tho event any such peas •3- LAW OFFICSO 4F 7 . � Boox3?�1 P�cz5�3 :�• • •- are filed or placed against the Lossorts interoat in and to said leased premises, the Lossoe ahall promptly discharge and pay the samo or give good and sufficient security for tho release of tho same pursuant to the laws of the 3tato of.Florida; and if a ' default in tho payment or discharge thereof- or in the posting or said security shall continue for sixty (60) days after writtca notice from the Lessor to the Lessee, the Lessor shall have the right at his option to pay off and discharge the same or any portion thereof and the amount so paid in connection therewith • shall be construed as additional rent due from the Lessee to the Lessor to be paid at the time of the neat installment of rent falling due, with interest thereon at tho rate of four (4so) per. •' centum per annum from the date of such payment by the Lessor; or, the Lessor, at. his o ption may, after the expiration of such ' notice and the failure of the Losses to secure such default in ,- accordance with the terms hereof, doolaro this leaso torsinated and the term hereof granted at an end, and thoroupon the Lessor shall have the right to enter upon and take possession of the said leased premises. - r VIII. The Losses shall be.entitled to all rents and • profits accruing to or flowing from said promises and the improv •' ments which may hereafter be placed thereon fro= the co=encerent date of this lease. IX. Losses agrees to commence, construction aithin six (6) months and to complete the erection of the building for use as a super -market or for any other purpose within one (11 year. ':Providing, however,'that the time shall be extended for • such period of delay as may be occasioned by strikes, lockouts, • Acts of God, shortage of matoriala, governmental restrietions, wqr, civil riot, and commotions and acts beyond the control of ' the Losses. The,tsaid building shall bo constructed at n cost or not loss than SIXTY THOUSAND ($60,000.00) DOLLARS, and any sud &It mod.. • '4 AROMOVITI. {.AW O/IPIGiS •� Allo4/QVIT= 1 1 i 1 � soax3 51 PAWE5,93 $4 are filed or placed against the Lossor's interest in and to said leased premises, the Losace shall promptly discharge and pay the same or give good and sufficioht security for the release of tho same pursuant to the laws of the State of,Florida; and if a default in the payment or discharge thereof, or in the posting of r said security shall continue for sixty (60) days, after writtga notice from the Lessor to the Lessee, the Lessor shall have the right at his option to pay off and discharge the same or any portion thereof and the amount so paid in connection therewith shall be construed as additional rent due from the Lessee to the Lessor to be paid at the time of the next installment of rent falling due, with interest thereon at the rate of four (4.54') per. centum per annum from the date of such payment by the Lessor; or, the Lessor, at. his option may, after the expiration of such notice and the failure of the Lossee to secure such default in accordance with the terms hereof, doolare this leaso terminated and the term hereof granted at an end, and thoroupon the Lessor shall have the right to enter upon and take p ossessioa of the said leased premises. VIII. The Lessee shall be.entitled to all rents and profits accruing to' or Slowing from said premises and the isprov szents which may hereafter be placed thereon from the coz=encer•eat data of this lease. IX. Lessee agrees to commence construction within I six (6) months and to complete the erection of tho building for use as a super -market or for any other purpose within ono (1} year. ''providing, however,'that the time shall be extended for ouch period of delay as may be occasioned by strikes, lockouts, • Acts of God, shortage of matorials, governmental restrictions, wqr, civil riot, and aov=otions and acts boyond the control or the Losses. The -,said building shall bo constructed at a cost or sot less than SIXTY THOUSAND ($60,000.00) DOLLiR3, and any and &31 &.ww offices Nxotiovwrz "! 1 buildings and improvemonts of a pormanent nature horoafter plat-e . ad on the leased promisee shall as soon as construct&d or placod thoroon immediately become a part of the roal ostato herein loan- ed and the title thereto shall immediately morgo with the legal title to the real property herein leased; and in tho event of forfeiture or termination of this lease for any cause whatsoever, said buildings or improvements of a permanent nature then on the said premises shall then, without compensation to' the Lessee or to any other firm, persons or corporations, immediately revert to the Lessor. The Lessee agrees to deposit FIVE THOUSAND ($59000.00) DOLLARS with Abe Aronovitz, attorney, 748 Seybold', Building, Miami 32, Florida, the same to be held in escrow, con- ditioned that in the event the said Lessee shall fail to comply with the provisions herein contained that the said building stall. .be commenced within six (6) months and be co=platod within cra (1) year, or if the said Lessee shall fail to Well and truly pap for all labor and materials furnished in connection with the erection of the said building, and in -the ovent of the filing of any liens, the said Lessee shall fail to make bond as required by the provisions of this lease, then undor such circumstances the said FIVE THOUSAND ($5,000.00) DOLLARS shall be paid to the Lessor as liquidated damages. And in the event that the said Lessor shall be entitled to receive and does accept the said FIVE THOUSAND ($5,000.00) DOLLARS,'the sane shall not relieve the Lossee from any other'obligations as provided herein. X. The Lessee may at any time during the tor= of this lease tear down,• replace or remove any building or buildings that =ay have'toen built thereon by the Lossee during tho tar= of this lease, providing that the Lessee ohall havo compliod_with the following provisions: ff, r� I � LAW O//iCRO ANCHOian 6EYOOLA•PN11r01N0 IJ i i• eoox3251 PAC'E60U (a) That the Losaoc at such timo shall not be in dofault of the terms end provisions of this loaso on its part to bo porformod. ' (b) That the Lessee shall furnish the Lessor with a good and sufficient bond in an amount equal to the•value of the building or buildings to"be removed or torn down, signed by the Lossoe as principal and by a surety company authori.-ad to do business in the State of Florida, as surety, conditioned that the Lessee will replace the building or buildings which =ay ba so torn down or removed with a building or buildings havi:g at least equal value to the building or buildings to be so removed or torn down within one (1) year of the date of the renoval or de=olition of such building or buildings then on the leased promisas. It is understood and agreed that the time limit of one (1) year a1=1' be extended in the event of strikes, lockouts, Acts o: God, shortage of materials, governmental restrictions, Mar, civil riot and commotion and acts beyond control of tho Losaee. XI. No damages to or destruction to the said leased premises caused by tire, windstorm, Act of God, invasion by a public enemy, or other oaaualtiea,'shall entitle the Lessen to surrender the premises, nor shall.such casualties entitle the Leased to a suspension or abatement of rout, nor shall the obli— gation horein covenanted by the Lessee to pay rent and taxas be abated or suspended during such poriod of tiao.that the Lossoo may bo building on said promisee. .40 • LAW OI/lc[O -� AwONOVITX.=Y r AAOMOVITZ 't/ I i• eoox3251 PAC'E60U (a) That the Losaoc at such timo shall not be in dofault of the terms end provisions of this loaso on its part to bo porformod. ' (b) That the Lessee shall furnish the Lessor with a good and sufficient bond in an amount equal to the•value of the building or buildings to"be removed or torn down, signed by the Lossoe as principal and by a surety company authori.-ad to do business in the State of Florida, as surety, conditioned that the Lessee will replace the building or buildings which =ay ba so torn down or removed with a building or buildings havi:g at least equal value to the building or buildings to be so removed or torn down within one (1) year of the date of the renoval or de=olition of such building or buildings then on the leased promisas. It is understood and agreed that the time limit of one (1) year a1=1' be extended in the event of strikes, lockouts, Acts o: God, shortage of materials, governmental restrictions, Mar, civil riot and commotion and acts beyond control of tho Losaee. XI. No damages to or destruction to the said leased premises caused by tire, windstorm, Act of God, invasion by a public enemy, or other oaaualtiea,'shall entitle the Lessen to surrender the premises, nor shall.such casualties entitle the Leased to a suspension or abatement of rout, nor shall the obli— gation horein covenanted by the Lessee to pay rent and taxas be abated or suspended during such poriod of tiao.that the Lossoo may bo building on said promisee. .40 • LAW OI/lc[O -� AwONOVITX.=Y r AAOMOVITZ 't/ I M �k XII. The loasod promiaos and tho building or build- ings which may at any time -be orootod thereon, shall during the loasod Corm, be used only for ligitimate purposes and in accor- dance with the lags of the United States, of the State of rlori da, of the County of Dade, and of the City of Miami, Florida, aad any othor applicable governmental unit, but a violation hereof shall not automatically work a forfeiture of this loase, but it shall be governed by the provisions of Paragraph XIX horeo:. XIII. In the event of the construction o: a now bui ing or buildings upon the leased premises the Lessee will rain- tain and pay for public liability insurance coverage thereon for the benefit of the Lessor and the Lessee in amount not less thaw what la commonly referred to as "$50,000.00 - $100#000.00" cover- age. XIV. Thislease shall be freely a331g6able by the Lessee, but in the event of such assignment the same shall be evidenced in writing, duly executed and acknowledged by the as- signor and assumed by the assignee, and recorded -in the Office of the Clerk of the Circuit Court, in and - for Dada County, Florida$, and a certified copy of such assignment delivered to the Lessor by'regiatered mail within thirty (30) days from the date of the recordation of such assignment.* XV. The Lessor shall havo a first lien upon the pre+ miss& for rent or other obligations due him hereunder from tine to timed ^•'' XVI. 'Until default in the performance of the cover and agreements of this lease, the Lessee has the right to 3ub1e1k*`. any part or parcel of the subject property, and shall be antis L to collect the rent,' issues and profits flowing from the said' pro-- =s misos horoinabove d acribeds but# in the event of a defa.vtlt< Ire Q •F*art�� '� case of the covenants and agroomonts, following the passa6lr time as herolao,provided tor, -and in the event a cuit•is _ 40 �< �.nw 04PPIC94 • AAONOVIT:. CM• AwOMOVIfZ T1� I��P06R OM4.41Mq . ' it' ad in chancery to foreclose or cancel this loaso by reason of such dofault 000urring, tho Court having jurisdiction of such sut shall as a matter of right and without notice to tho dofendanta in the suit and without regard to the'value'of the property or the solven4 or insolvency of tho defendants, appoint a receiver_ for the sub -leased premises and especially for the,rents, issues and profits flooring therefrom, the parties agreeing that the ap- to pointment of such a receiver is necessary to give adequate prp-. teotion to the Lessor herein, and said receiver shall possess and have the usual powers and duties of receivers in similar suit] and shall be entitled to take possession of the leased ;remises and rent, let and lease the same or any part thereof. ifts: pay- ing all costs, charges and expenses incident to the receivership the remainder of the monies in the hands of the racoivor shall be applied toward the payment of any amount due the Lessor, .4 any, and shall be applied and thereafter be disbursed != such ssrner the Court shall provide. XVII. In the event default shall be made by the Lessee at any time in the payment of any rent herein provided for and on the -dates respectively that the same shall become due and p gable, PVC S and which default shall continue for a period AO) f days, ?,#iRTy It shall be lawful for the Lessor after firve• J-0 days r written notice at his option to terminate 'this lease and to declare said lease term ended and to retake possession of the leased precis*a and buildings situated thereon, either with or -without process of law, and the Lessee in such event hereby waives any demand for possession of the leased premises, provided', however, that =*,'ter- : . mination of this lease for non-payment of rent by the Lessee shall be affected until the Lessor shall have complied With any appllca• ble statutory provision relating to notifying the Losses of sic2t1' default. The Losses covengnts and agrees that upon tho tamjt�AC.sm of this loess, as a result of such election on the part or thy-, �Lossor, or othorwiso, to surrondor and deliver up tho lo:.sad LAW oFr"ccs was 06VOIAl Al null OIY/f F BC�•". �M61L • t. I&. misos and the building or buildings situated thoroon peaceably the Loasor or his agonts; and if the Lessee shall hold the loan- . ad promises after the same shall be surrenderod in accordance. - with the terms of this lease, it shall be guilty at unlawful da- tainer of said premises under the statutes of the State of Y%W da and shall be subject to eviction or removal with or - ait$oi3i: process of law. It is expressly understood and agreed betwseli... the parties hereto that"the provisions of this paragraph aPVW"' only to default by the Lessee in the payment of rent. XVIII. In the event default shall be made by the•Lea+ see at any time in the payment of any other sum herein r equirsd by the Lessee to be paid, such as taxes, insuranco premiu=# other than the payment of am chanicst or material -.eats liens, as hereinabove provided in Paragraph VII hereof, and such default continues for five (5) days after riritten notice Af om the Les- sor to the Lessee of the same, the Lessor shall hava the right and privilege, at his option, to pay.the same or any portion, the; of, and the amount so paid in connection therewith shall be con- strued .as additional rent due from the Lessee up'On. the next r=t- al payment date, with interest thereon at the rate of four (4%) . per centum per annum; or, if such default shall continue for a period of thirty (30) days and after such five (5) da731 notice as aforesaid, the Lessor may, at his option, declare this lease terminated and the term hereof granted at an and, and thereupon the Lessor shall have the right to enter upon tho promises and talcs possession of the Same, either with or without due process of law, and the Lessee, in such event hereby waives any demand for posaesaton of the -leased premises. It is oxpressly agreed between the parties hereto that in the event of the Losseets con- tent with any taxing authoritiea of the validity or any levies, . taxed, or asaosamonts imposed upon the loasod promisor, or any building or buildings thoroon, tho said Lossoo shall bo required to comply with oaoh and every of the torm9.4nd provisions of Sao- tlon 198.1 of the Florida 5tatuton Annotated, and its 21W SAW O► its AAOl/OVITZ. .=% MIONOVITZ " 740 69YD060 "MOINQ 9- `I M L BOOK3 51 PAG6:60 i .11 It do so after rivo days' notico in writing, shall be doomed a ds• fault under the terms of this lehso. The Lessoo covenants end. agrees that -upon the termination or this lease torn, as the r a cult of such election upon tho part of the Lossor , or otherwl,"J,- to surrender and delivor up the leased premissea and the buildings situated thereon, peaceably to the Lessor or his agonts; and it the Lessee shall hold the leased premises aster the sa:e shall be surrendered according to the terms of this lease, 1,1C. shall be, guilty of unlawful detainor of such leased pr omito3 •^der the • ata tutus and lags or the 3tato of F]orida, and it sh^.11 be subject to aviation with or without procons of lair. XIX. ;n the event dofault shall be =da at any time by the Losses in any of the terms, conditions o: undc:ta!9ing3 herein contained on the part of the Lessee to be pc: or=ed and kept, other than the payment of rental or.the pay=on-v of say other sum by the Lessee in this lease required to be —*=d3, :.ad should such default in performance continue for thirty (30) days after five (5) da731 written notice thereof from the Lasso: to who Les— see, the Lessor at his option may declare this lease terminatad and the term hereby granted at an and, and thereupon the Lessor shall have the right to enter upon the premises and taco posses— sion thereof, either with or without process of lair, and the Las—' see in such event hereby waives any demand for possession of the leased premises. The Lessee covenants and agrees that upon the. termination of this lease as the result of such election on the part of the Lessor or otherwise to surrender'and dalivar up the leased premises and the buildings thereon, peaceably.to the z.s" y or his agent, and if the Lessee shall hold the demised pr ov"i�i� after the same should be surrendered according to the terms apt tib3 lease, it shall bo guilty of unlawful dotainor of said promaii .. under tho statutes'and laws of the 3tato of Florida ash sub foot to o'viotLan or removal, with or' without •proaoas - a; LAW OPPICaa ANO" OVITZ. 4% AeONpVITg a �k XX9 Tho Lessee will insure and koop insured all build. ings or struotures now upon the loasod promises, and'any and all buildings that may be built or placod upon the loasod premises, in a good and responsible insuranco company, in an amount equal to 80% of the value or the building as' to fire, and fifty per . cent or the value thereof as to wind; and all policies so Issued shall be payable to the Lessor, and the Losses ac their interest may appear, and said policies or insurance shall from time to tia as issued be deposited with the Lessor, it being undcrstood, how— ever that any amount collected on -any such policies 3rowing out of the loss or damage shall be available to the Los. -too for tha reconstruction or repairs, as the case nay be, o: tho building or buildings so destroyed or damaged. However, at the aloction of the Lessee, exercised by a thirty (30) days, rm ittan notice to the Lessor, such policies shall be deposited with or Beach bank or trust company, as trustee, to be selected by the Lessee, and.thersupon all losses under such p011ci33 shall be paid to the trustee and disbursed in the manner hereinaftar provided. All co8ta, fees and expenses of such trustee shall bo borne bT tha Lessee.: XXI. In the event of the destruction in Whole or=.ia part of any of the buildings or improvements at any time dutrUs the terra of this indenture of lease, the rent herein roserved shall not cease or abate on account thereof, nor shall the total or partial destruction of or damage or injury to any buildi:i& or Improvements at any. time thereon, whether by fire or otherYUei—'., cancel or'terminate or give either of the parties+hereto ths. J.rg�� to cancel or tormimte this indenture of lease, any statutoir vision now existing or hereafter onaa ed, nor anything bars tained, to the contrary notwithstanding. In the event $&I da: ings or improvemonts shall at any time or timos be daetro ' fire or wiadatorm diring the said domisod torts, tho Leo pay to the Lowe*# upon proper architoot'a certUloato `•i . •loll . AAOMOVITS.C.-==;:5 A110N0vi i i i• 1� C)rv��l rru. of tho said insurance money as may bo recoived by roason of such loss or dostruction, in such aum or'aums as may be necessary to pay for the rebuilding or replacomont as horoin provided and that any and all moneys which the Lessor or Trustee shall receterex�.: reason of any loss or destruction of the said building or tt*ao monts, is hereby constituted a trust fund, to be used tar-1rii3,Zd ing of the buildings and improvements upon the said premises„.ta­ herein provided for; and' the Lessor or Trustee shall proper'��t* • • J burse•said monies and use such toward rebuilding the building*- Improvements upon the said premises, as herein provided tore bti1:• it is expressly understood and agreed that,this provision shall" not prejudice the provisions in this lease contained; that said.• insurance money shell stand as additional security for the rent herein provided for; the Lessor or Trustee shall not be rsspot4" ble for the collection or non -collection of any ir.su.-•anca win" r in any event, but only for such insurance money as shall to, their hands. If said buildings and improvements or any thereof shall be at any time or times during the continuazd4alfr.77 said term destroyed or damaged by fire or other casualty, acid F' often as any building or improvement on said premises shelf.• ,:' destroyed or damaged by fire or other casualty, the Lessee a�. rebuild, replace and repair the same, it being agreed that•:i�lirr: structure or building, or replacement so rebuilt, r eplsced a ' j r. W, ., ,.,�,.•.. , s paired shall be of the value of not less than the destroyed bull -� ing, and that the Lessee shall have the same rebuilt and rep%t"d, ready for occupancy within one (1) year from such loss or d4. struction, and all six" of money, which shall be recovorod or tee r­ coived by - the Lessee for and in respect of said insurance said building or buildings shall be aid out and expanded b • r rebuilding, replacing or repairing said buildings, or such p�f��" thereof as shall be damaged, as aforesaid, and in the ovant-L&l�f;r` Lessen shall not have used or expended the insurance aonoy oia�s promLaoo as here in,providod, it shall be lawful for the declare such tor= ended and to ro-ontor said promisor, a;Wll- h �► I.Aw orr,ccr - AxoMovin. C. ARI MowTX �.� 1� C)rv��l rru. of tho said insurance money as may bo recoived by roason of such loss or dostruction, in such aum or'aums as may be necessary to pay for the rebuilding or replacomont as horoin provided and that any and all moneys which the Lessor or Trustee shall receterex�.: reason of any loss or destruction of the said building or tt*ao monts, is hereby constituted a trust fund, to be used tar-1rii3,Zd ing of the buildings and improvements upon the said premises„.ta­ herein provided for; and' the Lessor or Trustee shall proper'��t* • • J burse•said monies and use such toward rebuilding the building*- Improvements upon the said premises, as herein provided tore bti1:• it is expressly understood and agreed that,this provision shall" not prejudice the provisions in this lease contained; that said.• insurance money shell stand as additional security for the rent herein provided for; the Lessor or Trustee shall not be rsspot4" ble for the collection or non -collection of any ir.su.-•anca win" r in any event, but only for such insurance money as shall to, their hands. If said buildings and improvements or any thereof shall be at any time or times during the continuazd4alfr.77 said term destroyed or damaged by fire or other casualty, acid F' often as any building or improvement on said premises shelf.• ,:' destroyed or damaged by fire or other casualty, the Lessee a�. rebuild, replace and repair the same, it being agreed that•:i�lirr: structure or building, or replacement so rebuilt, r eplsced a ' j r. W, ., ,.,�,.•.. , s paired shall be of the value of not less than the destroyed bull -� ing, and that the Lessee shall have the same rebuilt and rep%t"d, ready for occupancy within one (1) year from such loss or d4. struction, and all six" of money, which shall be recovorod or tee r­ coived by - the Lessee for and in respect of said insurance said building or buildings shall be aid out and expanded b • r rebuilding, replacing or repairing said buildings, or such p�f��" thereof as shall be damaged, as aforesaid, and in the ovant-L&l�f;r` Lessen shall not have used or expended the insurance aonoy oia�s promLaoo as here in,providod, it shall be lawful for the declare such tor= ended and to ro-ontor said promisor, a;Wll- h �► I.Aw orr,ccr - AxoMovin. C. ARI MowTX �.� i� qq n • B00K3'Gc�t1 abovo providod, and any part of any building or buildings on said+ promises shall at once revert to tho Loscor, and no co=ponzation thorofor shall be allowed to the Lessoo; and any balance of km- suranco money remaining in the hands of tho-Loasor or T:ustos at.., tho oloction of the Lessor, shall bo rotainod by or paid to the Lessor, as liquidated and ascertained damagos, and not as a penal- ty or penal sum or in the nature thoreof;'but it is understood and agreed in case of a fulfillment by the Lessee of its covenants in this lease, any surplus.of any and all insurance ponies after the use of the same for tho purpose provided in this lease# shall belong to and be paid over to the Lossoe, in tho event the Les- see shall noglect to insure and koep insurod C e buildings a:A Improvements on said premisos, the Lessor nay, at h:s option, procure and renew such insurance and add the a=ou: t pald ,.horefor to the installaent of rent neat thoraaftor falling duo undo: thic� lease, together with interest thereon at the rata of :our ;or centua per annum. In the event the Lessee elect:, to h:va the :n- suranco policies placed with a Trustee, as hereirabovo provided, and the* proceeds thereof collected by and paid odt by the Trus- ted as hereinbefore authorized, any loss or claim dua or payable under the terms of said insuranco policies shall be payable to t' Trustee, to the and that the Trustee shall be entitled to collect for the use and benefit of the Lessor and Lessee all =onios due under said policies payable by reason of loss or d=age by fire or windstorm or other casualty of the buildings situate, on said premisos. All insurance money roceived by the Trustee shhall be hold by -it in trust, first, as additional security for the paymat • to the Lessor of the rental and other charges herein provided for pending rebuilding or repairing of the building or buildings; damaged or destroyed;•and socondly in trust for the purpose of der fraying the coat of rebuilding or repairing such building or build Ingo, as hereinafter provided; and for tho purp03a3 or pariMS to tho L08400 any excess reswining in tho hands of the Tr'usta© alto. the work of rebuilding or ro airing* as tho case may LAW ki i ♦ N � . boon completed and fully paid for; that is to cay.: (a) If at tho tiro that any such insurance nonoy comes into tho pooso3aion of tho Truatoe, tho Loasoo iz in do - fault in the payment of any rant, tax assossmont, li©: or otho. • charge which by the torms of this loaso has boon ag:cod to be paid by the Lessee, or if such default shall occur during the time said insurance money or any part therool, is•in the posses- sion of the Trustee, then the Lessor shall have the right, upon demand, to require the Trustee to pay over to the Lessor so =CIL of the insurance money as may be necessary fully to.pay or dis- charge any -such suns of money in the payment of which 1•"'a Lessee is in default as aforesaid, and this the Lessor =7 daWand azLI require whenever and as often as any such default shall have oc- curred on the part of the Lessee. Nothing herein zontained shall be construed to permit the Lessee to default in the geyront of the rentals or other charges horeinbefore stipulated, or in the performance of the other covenants -of this lease, and the Lessor may, at his. option, in case of 'the default in the payment of such rentals or othor charges or the default in the performance of the other covenants of this lease, proceed against the Lessen for the collection of such rentals and charges, and may re-enter and take possession of the premises heroin described in accordance with the provisions of this lease, without prejudice to his rights to ,. tho benefit of ouch insurance money as security for the psymont of such rentals and othor.•chargos. (b) All insurance monoys so received by the Truato .t b which are not used or necessary to be used to make good fault in payment as in the preceding paragraph provided, sha ivailable to the Losses for the purpose of defraying the aaai(4.= } the building or repairing, as the case may be, of the bull"-.O*r .4 A !buildings no injured or destroyod, or of replacing the same WML a new building or such repair, restoration or roplaaomont& shutU Abe by tho Trustee paid out from time to tiao, on, the oat+miter 't'�:� a reoponalblo arahitoot, satisfactory to tho•Tructoo, s. L.AW OFFIGS• I AIIOIIOVITS., .�h AsIONOVIrZ �' i nq — i rf�, application of tho amount•paid to ouch ropair or roconatruction; providod, howovor, that it first bo mado to appoar to the satia- faction of tho Trustoo that any a -mount nocoscary to provide fcr the roconstruction of any building or buildin-z co dostroyed or injurod, according to tho plan adoptod thorofor, which may be in excess of the amount received from such insurance, has bean pro- vided by the Lessee for such purpose and its application to such purpose.assured. In the ovont of the termination o£ this lease, by reason of any default on the part of the Lossoo, any unexpend- ed balance remaining in the handy o: the Trustee shall be. paid to the Lessor and inure to and bocomo the property or ,...a Lessor. XXII. In the event any portion of tho loased propa:ty is condemned by any agency undor power of cminert domain the Los- sor and the Lessee shall bo componsstod for troir raspeevo in- terests so taken as determined by any court'raving cc�ctont 13diction of such condemnation proceadi:-;s and tho :.asses shall ba entitled to assert against the condemning agency its alai= £or compensation for the valuo of all or any portion of any building constructed by the Lessee, so taken and in the event there is a sufficient taking of the leased premises to warrant a diminution of the rants herein reserved, thon such diminution stall be de- terminad by mutual agreement between the Lessor and Lessee, and i- the event staid parties should be unable to arrive at a determiax-' tion of the amount of diminution of rent by agr eemant between themselves, then such'detarmination shall bb msdo in tha following manner, to -wit: the Lessor shall appoint one arbitrator snd the Lessee shall appoint one, and said arbitrators shall detEr•...inb ouch diminution if possible$ but being unable shall soloat a't"rd and the docision of any two shall bo final and binding on the pax- ' ties hereto. - s . y =XX, Whorovor thin loaoo requiroa notice to ba 4 14 :x.' �► LAW OPPICts ApAKovirx. -_ ARoNovnrs I � t or whonovor it becomes necossary to bo given, that such notice shall bo directed to the Lessor, at 3542 Royal : elm Avorue, Coco nut Grove, Miami 33, Dade Couurty, Florida; and that such erotica shall bo given to the Lossoo at tho followi:n; addro :3, to -wit: 50 VI VI 14th Street, Miami, Florid.-, o:r at such other place or 6 I places as the Lessor or Losseo may from time to ti=o designate in writing, it being understood and agrvgd that such notice AbAll be directed by rogistored mail. , XXIV. The Lessor hereby covenants and agrees with the Lessee that upon its compliance with the terms and condttiona hereof, it shall quietly and poaceably hold possession or &zA , enjoy the leased premises for the full term of ninety -nines (99) years without any hinderance or molestation fr oa tho Lessor...or•a,-, any firm, person or corporation claiming by, throu;�% or undas him; and that the Lessor -is seizod and possossed and h z a good and marketable title to tho lea3od promises, subject to t: a li mitations hereinabove set forth, and ,the Lessor haroby .fully► war- rants the title to the leased pr emisos and will defend the same. during the period of the lease against the lawful claims persons whomsoever, and will do each and everythlzS to perfoalk`.- the fee simple title to the leased premises as may reasonablyr1� required. =V In the event the ' Lessor shall without any • fli t' on his part be made party to any litigation commenced by or- 1= the Lessee, including litigation commenced by the Lessorft the Lassos for performance of this lease, except litigation aonced by -the Losses against' the Lessor for par for►mance of terms, Covenants and agreements contained in this lease 611 If, wt�� part of the Lessor to be kept and performed, than the Lossos�;s pay ell coats and reasonable attornoy' s foes incurred by the. Les— • nor by or in connection with such litigation, providing tba Las••,... aor procuroo a Judpont or docroo for tho rollof prayed. LAW OFFIC04 ' AnONOVITY • su dirAowo ouiLo1NQ •.... u J. v b XXVI. Tho rights horoin Zrantod tho Lessor, in ovont or a broach of tho Corms of thin loaso, aro cu=ulativa.ard#-• In addition thoroto, the Losso:, shall also have Who rights to - of -foot any procoodings in ordor to colloct any sums duo horoundovr:.....I or to affect any compliance by Loaaoo of tho tar= Qnd conditifts -s of this lease. , XXVII. Lessor shall not be required to subordli&tk- '= any mortgage or lien of whatsoever kind at any time. XXVIII. If any alleged default is of such a nat , that it cannot be completely ronodiod or cured within suah:-3• period, than such default shall not be an onforcaabla defauli• against Lessee, if Lessee shall have commenced curia g suah. defxu .t -V :r within such 30 day period and shall proceed with roa-sonable'41# Sena* and good faith to complete Cho curing th6reof. ' IN WITNESS WMM OF, the parties hereto have hereu o: 'i set their hands and seals tho day and year first abovo arittea: 3ignod, sealed and de, C LE3 H. FRO', LESSO.? livered in the presence of; • ► ' _-.. • pis • .... As to essor BARBARA CORPORATION • O/.ice ,/� ,,..., BY • ` P es dent /� • L21 - -X r "10 "N.. 0 0 * Attost: 'j secretary Lessee STATE OF FLORIDA-) ��0. •' � ' J�'' �COUINTY OF DADE ) •�''� �! +� On this day porsonally appoarod bofore no CK_URLES H. Fa all a single man,, to mo well known and known to ac to ba th0 • �Aw OIFFIC96 A11pNOVIT ""'~� AMONOVIY! ` 746 GOV004.9 PUII.PINo 7 C•ra Gf�� :GWf ;. �; �. j • �. ;4 individual doscribod in and who oxocutod tho Toro o:ny Indots`', of idamso and ho ac'-moalod�od thc;; •ho o;ocutod tho a.:: o for the purpoaos thoroin oxprossod. IN WITNESS 1'1 =EOi , T htv o hor oun :o % Sxcd =• band •41tA • �• 4 orSioial goal, this �� day of ':arch, A. D. 1950. • NOTARY ,U BLiC r-• r,:-� ;F r ' My CG♦::.:iz l'•i0r. i z.—.Lr o i NOW/ Publ:c• State of r or:do of tares •� •++w4` MY comm;%tion c,.oires Scot- 11. 1 • �3. ^y �: • UrinCcd by Me+criCan >rat ,.y Ca of tV. Y. • r � ;; ••• STATE 0.? FLORID% ) c., • w COUNTY 0? DADE • I h?•REBY CZRTIr `f -what`hi° /4 dA7 o: '•-.»�..^~� •..�•• +T • �L• ••.•M••• 1950, before =o�per sonally appoarcd and 1 , _. os_d....,. an:�/S•:,.,. c „A_ Y. e i i spectively of tea BA4R3AR.4 CORME 11 TO:1, a Florida ccrp:.: a;.=cn, to =e known to be the persons who siZ nod t ho 7. roEo.n S •► 1 • as auch officers and sovorally ac'l_-no«lodgad who oxacL`: o» t hc: e— of to be their froo not and dood as such. of+:ccr a for aha usas N and purposes thor oin montionod and that they 1 '• I. h a• { i. i .? t .,, e• •••n.•�. .•• o..icial coal of said corporation, and that ..ha :.a_.. �....,.. •._.a..t �..� tho act and deed of said torpor :wion. j WITNESS my hand and official Zeal at :S:a ::., =n tho tt County and Stato aforooaid, tho clay and yoar fir s o above • NOTARY PUBLIC, STA'. 0:? 0A ' AT L%RG-Me t Y-y Co=isaion Sxoi: os ,GJ ' Notary Pub. . Sate of F:ari;fa nt i�;:a •t v s ."':• Y commrsttorl C%ft;rrs Sr�t. 1 t, ! ��,;. •''t� .:.:.:; 1� 1 �• , UAAJIJ try A1r.(11ic.m Ugrgy Co. )I t j, y `•• ••• ••' ��► - I , � � �•.tie• % • - • .' 1, I • • ., y : �; LAW ofelcto ��• x�`i• ♦�AMf1WTEC'„�'�'�tA A110MOVIf'Z • �-ply-•b.•.�4:.: Y . '1� v —.ram .. '• E X H1.8 , I+ •��.. i �••rrJir aa4:uCul�J� I:A; Jlt►R:3�.2tA C:)�.'G��;:'IO.V, o �'1.or iCa 40rpo: atlon, part'! of the tirot•part, in Coll ciderat',on o- t :o ,cum of ?l (vi0.00j J:,LLA,\t1, lawful raoaoy QC tho Unitcd Statoa to it in hand paid, together with other Uoo4 rind •valuable considerations, by T'1L REALTY C0ju,ol�v'►TIOy, a. ;4ow Jersey oornorntion, party of the s000n,1 part, at or befoe6 the cnnea11n,; ar,d delivery of thees • pr acenta, the rocelpt w:aroof la hereby sc;:nowleagea& has ' r,csigneds . flet ovor, trAnDf i &red ana oonveyed, r.: d by t'neao presents • close har eby an4 harowith a►aslgn, cot over, t:rnSf cr :..:. eanvoy .mto the acid party. of t :o s.:co:. 4 ;art, all o: ita and into& ect In and to tl:nt cartes -In bualncaa p: spa: ty 2.aaso bearInC 01ato tea loth day of :larch, 1950, tic t;:eo: Cis•::L�J :i. . • FRO►1, a tingle rx,.•i, as Loosor, and. a Florida • oorporatioLi, as Loacao, Am! recor dod on .t:.e :•O th ::ay o: 1:=rchp • 1930. =xmg • t::a public records of Uado County, :'lcr -d.:, =n Doed • fool: 3251# per;e S95• tuid cover:he followliZ. dosc:road propa:t7, • 1+r�iii� t � ,• 'LQ Yes 13 i�• 1 �, IG 17 A:•ll � V GJ .� �� � , _ 1 "lot:. 2, Gi viG C:;l-El :•1• ll���i1 •`lllLD11 10'", accord. . i::g to the plat t::c:col' rocorc:cc: i:� ri: t ' IIoob. 13 at NaL, o �1 of t:ho Public ::c cards • '•• 1 c: Oado County, .0 .1:U' : AIM TO 40iD tine carve into the said party or } %'.0 zocond part, its auooeasora and 'acaigmis for the duration t'aeroot. ,,,• In WIT11U.0a I.rxXR:- 0 t,.e said party of. t..a f _rct p.�l� ; ��,,; •.,;�► by ita duly Authorized oftioern hzn oaime4 thla inatritment exiouted =4 ita offioial.' aaul •afflxaa hartWnto, upon this l4: x � dn; of Xnroh, A. D, in the year one tholisrul- t iline lmn.tred An fifty. ;�. `�,Y, .• r-: • 73ln.1.10 a Florian. t ,-nI •+a nn•1 4olivered onr .or, .on Sn ,e prenence of: • 4D y Oaauci • •Secll,nrcl s"raoiaaatn:.^��'� +� ?��. �a to J0renidont and _ :'.rcra vary l{�•.�ni•�� ngobuor�, _3oa�•o Ca:�r�_ LAW oir40110 - --� 1 • �• STATE: OF FW IDA ) , COM= OF bADT ../. 2 Fi EBY CERTIFY thAt'on thSs day personally appeared before me 9.0iUrL FnIrDLAND rind 140WARD JA00D3F. z, Preoident and •,, Secretary of• DARWA 00"ORATIONO a Ylorida corporation, to me 1 well known to be the lncUviduals desoribed in and who exeoute& the within and foregning Aasignnent of LsA4e and they acknowledged before me . that they are " euoh officers of said corporation as ; mentioned Therein And that they executed the 8ar�e for the .. ` • �' " po ce a 'therein nxpre a nod. .' ,.. Wl'T? 89 my hand and official coal at Mimi, eaid '= �. Qo tT 'tend Atnte� •thta loth day of March, A. D. , 19509 _ ;: •. -NOTARY Pl!•tL,IC, fi A T F Or, FLORIDA AT • .. .. LAVE •" . • 1 ... ', My CommiRgiors e.-'hireat µow t 0� • • • I ,•' ' •y♦• ( T �7 1• -1;l 1 1 IT `'? t.17A%IS :'ram•, `ti,: ' Air4(1 11. r,'F C1 A 1(� Rom........ • • �.: r cQ For And in con eid ers tion of the Ricm of Ten (•�`210.00): 1 ' " `&f' a, Dollnre fnd other Coo' end v& uPbla contiderntions as we2I r . the Roei�rnno-nt to it of thy! Abobe And foregoing lease, TMIP .W'•!" • •' _. ".`.•.. RF'.AL.T'Y Cn:'1'nRATxn1t, aPew Jer3e.y corporation, Anal fpnee Abo .. '.- designate-e(, does hereby' And herewith'aooert they above and fo"..gatnp, otjtmlgnmer, of SRaee and Men Aooept And easynme. •1' ' �' +�arfnrmRnoe of each -And every the termK of 6AId lease heerstn' `To . deeerihed. 1. WITNVInFRt. . �i�AT':�t 1:r,12i�C�n1►'^T N . t ; ;'-. .,Ti!%tP • 'lar-11101 V rie dlAnd, reel .;,.. ,. ATTERT t •k:: Vie,+.. ( corporate, 64) , ;. • . .. ' % •r LAW OPP1600 AMONWVIYZ AND ARONOViTS STATE Or nORIDA� COUNTY 8F DADE ti ' I II:. UDY CMIT17Y that on thin defy peroanolly aplaii d :..2 before me ='.U,:L iTtIiDLA;;D uld A.' J. )'L%TA17?s - PreoiGent and " Asoletant Seoretary of T:,"—XP RZALTY COiPO'tATIONt to me Wou kno-,rn to be the individuAls describedinand who executed. t2js=:.`I`. within anti foregoing aaoeptanos of assignment of 194se and tip_ r� eaoh aoknoxladgea• that they executed• same for the purposes'.' •..:' taerein, exyrecaed. " �;�� ,. tt WESS mp.Xir�i4 and officicl. aeal at Itiaml, F1 Co=tq &aid and Statq,'• this loth day of Haroh, A. D. lzo. ♦ LI'�- raw:.. �• ' III' • fl{iT+.j•- NOTAXX I'\3DI.70, s^n=E OF FLORIDA /.. • , \',: Ity Commission Expires. A,0-4- tot ,.. .. 's •'{ ,, .,�' ;mot• .. ,..\••�•. .. r; .,.. .. +. vr• u • r �� �'V t'.!i •l'"�� �d 1...�. ..v . w..r •1. r •`Y'a.�t �'t •. ;:. t C • UAW OPrI490 AAQMQVlYX AND AAC?40VIrZ ' .,ter i;� �•�, - THIS INUNTUV, made this T day of Uecember, 19610bem .fY .J•1 tween JA:EPII 13. A' AJb:(NIST.1 TOIi; OF T:i5'!'AT''• GF C;fA;ih?S H. �'.`'�c::'`•: FWWj Deceased, 4 the County of Jade and State of Florida, party of thA. ll rat part, and A. D. r(AXLISON, J. U. RBi•;VES and LELAND HYZZR ,s AS Trill.;T?XS OF WCONUT GROVE BANK R'' 1 ` TIRE1•¢,NT } LAN�d�r Tniaz •� �;;.te-.... ; In dated Uscember 31, 1952, and amended by aRrsbement dated ' December 16 " , 1 955� their successors and assigns, partieaof the aeCoxidE ,. part, whose address is 2701 South HayshOre DrIves hiami 33# Florida�. W I T N ESS 7 T H1. 1•; 1AUVREAS, the party of the first part has been duly appointed ; - as Administrator of the Estate of said Decedent and has duly qua ad* •. ' and is acting as such Administrator, and, •, UhT-,MAS, an order has been entered in the County Judge's Court, ' in and for Dade County, Florida, .sated October 9, 1961, authorizing ' the sale of the hereinafter described property , NOW, TFCEHEFORF-, the party of the tint part, for and in con- sideration of the sum of Ten Dollars and other good and valauble Al considerations to him in hand paid by the parties of the second parts the* receipt whereof is hereby acknowledged, does hereby grant, bargain, sell and convey unto the parties of the second part, their heirs and ' ' assigns, forever, all that tm ct or parcel of land lying and being in the County of Dade, State of Florida, described as follows, to -wits Lots 1 1S 15 1 a A 1L�,y_„�„7_ nil 1 of lilocl�2 ,rf •� , ' CI'LU`•'S �(. F'i(Xi SU!,,�TVTS' 'NQ 11 CK 11 of the Eduard P,nt rlomestead, accordinR to the " • Plat thersot, recorded in Plat Book 13, at Pare 53 of the Public Records of Dade County, Florida Subject to conditions and restricitions and limitstians of record Subject to a certain ninety-nine year lease orieinally • �'.�.' executed to The 13arbara Corporation and sulsequently •6;�`� •, ; ; assigned to The Tulip Realty Company, which said lease is dated i4arch 10, 1950, recorded in Deed book 3251, ' • Pare 595 and which said assignment is dated !'larch 10, . • 1950, recorded under Clerk's vile no. AA-31732, Publio ' Ikeords of Dade County, Florida It is understood and agreed that by the execution of this deed, rents accruing under said lei be and the same are also hereby sees : ed, transferred and ' set over to the gran eos o " tea o d. I �. ' y, .. mil, lip > 3 ' si, T(r,FT11%R with all and sinpular the )jeredi tamonts and apnurten• �•� .. ances thereto 1 elonping or in any wise apportaininc, and all the estate, ritht, title, interest, claim and demand whatsoever, at law or , �t in eTiity, which Charles H. Frow,, had at the time of his dnath ir. and to the said premises. TO HAVE AND TO HOLD all and singular the said p:o^dises above- ' mentioned and described and hereby granted and conveyed or intended so to be, with the appurten&nces unto the said parties of the second part,their successors and,,assigns forever. IN '4 7IMS WXRREOF, the party of the first part, as Adminis•► of the cs tato '• trator/of Charles H. Frow, dviceas*d, has hereunto set his hand and seal the day and year first move written. ' 1 Sigrad, scaled and dnliv+ered 1• in the present of: • .: (� � SEAL) State of Florida, Uo iniy os Daoe. This instrurrieA was filed for record thE,•74O.hy of. 1961 atl[.5�• and duly reccrded in OFFICIAL RECO. Book... ().on Page. �y1a File J6I R•.;. �.�.�P.$g'.... S:ATF OF FIAitLuA) E. B. LEATHERMAN Clerk C'rIL cui• Court .. COL •TY Ur SALE ) • ' I, an o!'ficer duly authorized to take acknowledgments, hereby certify that Jose -ph U.•1"row, well known to me and known to me to be .. ' the ind-vidual described in and who executed the forlioin deed of .� . �•^ . • .� convo3'aaoe9sopeared before me, and he ackr.owledgad before one that he :.•z executed the foregoing deed as Administrator of the Estate of Charles ri��!•ti.:j;? H. Frowo deceasedp;aforesaids for the purposes herein expressed. Witness my,band and. official sear this: of Decembers A. ,D. 1961.' ' -n00 i 1110/1 1. 11 Y.,'` '•; '�,'' •; c otary is state of r lorida 0.. / `� t Af My commission+expirw • G , • 's ♦ :� r ' ' . Notary Mille slate et Nddf at targe,-'�'�s 1 1 on t xP rtc 14311 h 7o 1964. s . . i ,00 i-O it Is • • I �•!wi'�A+�, 1 �wnf`.:/•'�.�.!N ' 'i•'•% �I;'i � !1 i�l f� r�•�4', •-•1 ii.i t 8 j, � 7 i' 1� „ •i 1., . � 1 ' . :• . " �1 ti ;0A 111, I. r di11. r 11 • �tr 7-rr'iX%R ut,th all and sinpular the heredi tamonts and apnurten• ances thereto telonping or in ary wise appartaininc, and all the .F estate, rirht, title, interest, claim and demand whatooever, at law or .L in e,:+iity, which Charles H. Frow,, had at the time of his dna th ir. and ' to the said premises. TO HAVE AND M HOLD all and singular the said promises above mentioned and described and hereby granted and conveyed or intended so to be, with the appurtenances unto the said parties of ' the second part,their successors and assigns forever. III WITNESS 14ir,.REOF, the party of the first part, as Adminis. of the rstato trator/of Charles R. Frow, deceased, has hereunto set his hand and seal the day and year first &Love written. Signed, scaled and delivered in the presenc oft sEAL) Mte of Florida, County of Dahl. . This ins' rume was tiled for record tht..: 083y of.. v 1961 atjj-.J��� . and duly recorded in OFFICIAL, RECORDS a . Wk... N`10•on Page. by.lo.File �6IR•. ,11,t •iv.8�... STATE. OF FLOTUU E. B. LEATHERMAN Clerk C``rcui. Court COU.TY OF DAZE ) Yt Rzf • I, an o!'ficer duly authorized to take acknowledgments, hereby certify that Jose.ph J. -Prow, well known to me and known to me to be ' the ind; vLdual described in and who executed' the foregoing deed of •'''` y`' = ` a ' conv/► •ame aopen red before me and he acknowledged before -ne that he •, executed the foregoing deed as Administrator of the Estate of Charles'.�::`�'t�..� N. Froup deceasedp;aforessidp for the purposes herein expressed*' Witness my,band and. official seal, this dsr of Decembers A. �.. 1961.,' ►,' ~ ' • �, .4��► \/ A �: :. Stacy is J State of r lorida ask 'F! t ` ; s My commission expires t _. 7— Nalm .f t Pu►bllc State of Podda at lirt>� 4W. =� �'•.,, .! `' : • , h!, tool- •,►i0s fkpirtt ;A�Ish i, I96�. ,1:..,y. �• t:;c+1 :3' • �L,1 '1; 1i• , ! � : et •: " �'.3. • •il • • ' �s •_ Al 1 1 �( F•' j.• Ili .U. �11� .! dill. ti ,4.25 OSCB-56 (Rev. 5-60) m Comntontnedtf) of pennlpibania DEPARTMENT OF STATE TO ALL TO 440M THESE PRESENTS SHALL COME, GREETING: WHEREAS, under the provisions of Article IX of the Business Corporation Law (Act of May 5, 19339 P. L. 364), as amended, the Department of State i& authorized and required to issue a °' •r CERTIFICATE OF MERGER evidencing the merger of any one or more domestic corporations, and any ono oar, more foreign corporations into one of such domestic corporations under•the • .0; provisions of that law: AND WHEREAS, The stipulations and conditions of that law relati�igg,,.�tt� t merger of such corporations have been fully complied with by TULIP REAL1'� CORPORATION, a New Jersey corporation, and COBBS CREEK SHOPPING CENTERI a Pennsylvania corporation. ' IT IS THEHEF'ORE, CERTIFIED, That from the Articles of Merger filed"Witis the' Department of State, it appears that TULIP REALTY CORPORATION, the Now 'f Jersey corporation, has been merged into COBBS CREEK SHOPPING CENTER, the Pennsylvania corporation. THEREFORE, KNOW YE, That subject to the Constitution of this Common- wealth, and under authority of the Business Corporation Law, I DO BY THESE. PRESENTS, which I have caused to be sealed with the Great Seal of the Commonw t wealth, hereby declare that the Pennsylvania corporation, shall be the:;._ surviving corporation, under the name, style and title of a and all Law@ COBBS CREEK SHOPPING CENTER, shall continue to be invested with all the franchises and be subject the duties of a domestic business corporation under the Business OW 0 GIVEN under my Hand and the Great Se Commonwealth, at the City of H this 2nd day of September in t of our Lord one thousand nine. and sixty-four and of the Comae the one hundred and eighty-41:4 Nnuly 3##04*25 186 DSCB-56 (Rev. 5-60) Commonweatty of 4jennptuania r"- May and DEPARTMENT OF STATE TO ALL TO WHOM THEE PRESENTS SHALL COKE, GREETINGt - WHEREAS, under the-tarms of the Business Corporation Law, a 5 r 1933 t P. L. 3649 as amended, the Department of State is aut required to issue a CERTIFICATE OF MERGER evidencing the merger of one or more corporations under the provisions of corporations into one of such, that .law: AND WHEREAS, The stipulations and conditions of that law relat " .ta_ the merger of such corporations have been fully complied with by CONS.IRN s SHOPPING CENTER, INC., and FOOD FAIR STORES, INC. THEREFOhE, KNOW YE, That subject to the Constitution of this'Commoh -a wealth, and under the authority of the Business Corporation Law, approved. May 5, 19339 P. L- 364, as amended, I DO BY THESE PRESENTS, which I ha".-,= caused to be sealed with the Great Seal of the Commonwealth, merge•. thf.above-,. named' COBBS CREEK SHOPPING CENTER, INC. into and with FOOD FAIR STORES, INC., the Surviving Corporation which shall continue to be invested with and have and enjoy all the powers, privileges and franchises incident to a domestic business corporation, and .' be subject to all the duties, requirements and restrictions speci£ied•and`= enjoined in and by the Business Corporation Law and all other applicabl. laws of this Commonwealth. :.. ,4 GIVEN under my Hand and the Great Seat.64­the Commonwealth, at the City of Har daburg .'.�� F,, ►• ,� � this 2nd day of September in ths,�ar-oP, �, . r ; f �► �•�� : our Lord one thousand nine hundred.: and ��•��j,sixty-four and of the Commomreal".,the Vol' one hundred and eighty-ninth. .. ke I r AMENDMENT TO LEASE • 4. THIS AMENDMENT TO LEASE dated tho day of by and , between A. D. HARRISON, RICHARD V. RADEL and CHARLES HE EKER, as Trustees of :1 1 •I� Coconut Grove Bank Retirement Plan undor Trust Indentura dated December 31, 1952, and..:.; amended by agreement dated Decombor 16, 1955, as Parties of the First Part, hereinafter- .'•:> V. called "Trustees", and FOOD FAIR STORES, INC., a Pennsylvania corporation, as Porty.of�. the Second Part, hereinafter called "Food Fair"; WITNESSETH WHEREAS, by Indenture of Lease dated the loth day of March, 1950, Charles H..` Frow, a single man, as Lessor, leased and let unto Barbara Corporation, a Florida corporaiN as Lessee, the following described property: Lots 13, 14, 15, 16, 17 and 18, of Block 2, of the CHARLES H. FROW SUBDIVISION, according to the Plot thereof recorded in Plat Book 13, at Page 51, of the Public Records of Dade County, Florida, said lease being recorded in Deed Book 3251, at Page 595 of the Public Records of Dade County, Florida, and said lease being hereinafter referred to as the "Lease Agreement"; and WHEREAS, the Lessor's interest has been duly assigned to the. Parties of the First Part, the Trustees hereinobove named; and WHEREAS, the Lessee's interest has been duly assigned unto the Parry of the Second Part, Food Fair hereinabove named; and WHEREAS, the Trustees and Food Fair desire to amend the Lease Agreement as hereinafter set forth; NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00� by each party to the other given, the receipt and sufficiency whereof is hereby acknowledg_,� the parties hereto do agree as follow:: f ` All '- 04 Toms b 1. The pirtias agrco that the to .,'! u x4dit'ird and amended in the £ol lowing manner: (a) Paragrnph XVII is to be em-ended as ::ollowsa 'yY.-yy t 1 • (1) in tha forth line, c?elcto tine .mr;s T. .Y • �� � "poriod of thirty (30) days, " and irlsort in their placo tho words, "period of five (5) nays." ;' ~ (ii) in the! fifth line, del-?te the v.')r=19, I a ► "Period of five (5) d.�yn and insert in their plac.r3 the he �rorde, • :�:�y��iti • , "reriod of thirty (30) da7a • .. *fir •. '• �_ . (b) In the (3vent of any-,afault on the ;:art of Lessee, the Lessor agrees to Rive notice to ary First. ?`nr tgage Holder who has notified Lessor in writing of its internat as a Fi= .Mortgage Holder, designating in said notice: the nelcLresz,°- ,+�;1 _ to which notice is to be sent o: such default 31MMi1tAnnan9ly with that delivered unto Lessee; and (c) t:►e Lessor agrees to allow ;inch 7 : rnt Mort.. _ r gage Folder to cure any, default within thirty (30) •J.1�'• . i the date notice is mailed by Ragistered `zil, Zoturn :1%nccip: r7. . Requested, to the First Mortgage ;folder (): any default. ; (d) before any subsequent First Martgage :;older r small be entitled to notice :it shall Eurnish to lessor terzin— ation of the interest of any prior First -�brti3ege Holder a by said prior First Mortgage Holder and shall otherwise co.nipl with requirements hereinabove set forth for notice. .' 2. P-s so amended land modified, the Lease Agrecmant is hereby adopted, ratif iod 'and confirmed. iL dTi . IIAI/�Mfi • L.4W66 ATTOOINTl AT 6AWr i00 OGUTH SAr*MIOAS 0{aLMNOt WIAMJ 11ar IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. Wipesses .: i,c rjirC�c.wa,c.• �lx 1 _ {SEAL); ._. �i r .�': A. HARRISON, as trustee ' :; ;1. � %//•/'/1 !'/' �„/l. /' (SEAL)� RTCHAKUV.KADEL, as i Wee 4 as to Tr4teei ,#V A1>1cr ZHAR1 1 WT , as Irustee FOOD F R'STORES, INC. 9y Attest: -3- • Rotary ,�fr.•fr of...........',rS,.�.-t•1�•.•.••....•» »,•....N.• C:ou::: t• of •........ . .......................•.•...• ..... , PercbLi Ctrfifgr Thal on this day. before me. ors of freer duly 4 igJ7 � lrf A SIA/a 14 the Calmly gjocosalcl 10.1ake.aebnowledomenis. personally appeared. /.. �,,.,.Blt ,i�d,Cha�lai,.tie.Yx4.kCL.....As..True�4.4f..G4�4?�ui..GaC4Y.�.�anketirea�ont Plan N••• w»•«N••. «•M«:.•..•.•..•••••.••••••«N•N•NN••.•1••N••uN••. a•NNNN•O.•.................... .•........ ••.••••..•........•...1•NN••.«»..»....rMNW. to me known to So the persona.... descrlw to and who executed 118 ego n�ewe, ae:Laawfodtiod before me ti►at... eY...»..».. executed the same• for the purposes therein expreet . Ulpas my hand .and of jkial soot in A# Count and State last afonrowd Also. "NN. .•...• . .. . . ........ .r•.. .. NMNN • �otary tPubliO •• . ; ; •. • , ;-.� �.� ,r.; •� My comra+tsioA expil+ll Ont.�a.•«wwii Frwwwwiir+w..�.•�uttiri�l. Aweof•••w.•NN«•..:•..,•••�..n•.••_.N»N»w•M ...N.•NN.N.NN•r•r. .......... ....................................... .s C! Prrbu Qrfifut, that on this days, before me, one officer duly authorised to this Stair and COMA Aforesaid to laze acknowledgments• personally appearrd....NN.f.Z.W.»NNNNFI.N.,K.F NS ,�.:K NNN«.•••1•w•N«•NN N..........•••••••N•NN•.•••••••N••N•M••.NN•••••••N•N••N••••NN•Nw•N.••••N•••�•N•N••N••NN.•1.' •••��� well kno/un to me to be the... V i.ee..•....Preslden/ and ...............N........... Secretary respectively o . • • =t� .... F0.0D..F.AIR..STORES.,..I.,1.C..............................................................................................N::�'K A endure tj' tO........ tl►o corporation tl► whose name the orc(lol�u% case ulna executed. and that they seuerally aC4nowledged. ` e�►eeulin(I the same a such o�%l�ors of such corporation freely and uolunlorily antler ni111�orlly duly vested if►" 0: them by said Corporation, and Am I 'a seal affixed thereto is the flu@ corporate seal of saki corporatlo#U pi:r..aa my hand and oflkial seal in she County and Slate last aforesaid 1hIs..N..M .N...NN.••.M ;� ley af...•......r �NNwI.I.N.m+IN»r........wN.....«r 4 D. X'P M 970. � '. .» N.• • N.N•. •.• NNNMN M...••...• �, Nolagx?4..l#,unl.IC, SIATZ or• FLoaialt. t4x' t • • MY COMMISSION E-PUS MAY 7;: Hy commission expires oar.. «oNoc�..�""Ryan«f ttJCA. K..AAfrft!1►�rNal.., C jrq • ••..•...•....••....••...•.•...•......•. •••....... .. • . • 1 ' . • ; etc �isltllf� of ............... »...... ....NN•.1•N.••••......... .....NN•....... wN ,4 ?' •. w f�.r..bU ,�I�ricf fir, that on this day. bejon me. an of jlcer duly authort:stil Ie State and Co •_.. ,,, Ijoresoiel to IaLe acknowledgments, personally appeared....•«...............6......................................... .... N....... .••.N.NN NMNNNONNgN NN.............•.....•..... .N a•Ni•NN.NUNN•N.•N1N NN•N••• ........ �. N.N •NNNNNN.u.•NPH N•N• .HN•.NNNNN•wN. `> '• •ell ialo•1 r1 to me to be the...................Pieslelenl and.......... .............. •............ •........... ..SKretnry rerpeelJslsly oC. ;..i�. 4 ............... ••NN.••...•........N....•..N.......•................................... ...NN•N.•M••M •l .a+� =y,•• so Was exeeuled. and Aal they IWb•rally arknowld, f' .*. corporoliou, JII u/hosr Horne the fore((loinp - �,:,•. :reulir.� Ilse• Tonle os such olficers of uech i,ofallou freely anti voluntarily uncles oulllortty duly vest 11t„� by said corporation, ones tool file afflt+slri 'hereto is the true ewpwalo seal of saki cafooroiler" lflZ:Sts my horld art legal seal 6. the County and State sat aforesaid this•..r..r .NNN•.N•.•..•w....r•..'t � j �Lq' `"'" r . cS;;F�j' A. D. IOdN.•.. '�.��- . :: ay .f . •..•................ •.N •rMrNMM.NM.M.•.� •fC �ty�',�r. • N,,..N.r..•.NMNNNNNM..NN............ 4....... •..... M•N•N.N•M•••N•• 4�. 0 970 jIJL 9 P�•S 4:05 r.; . A SIGNNtENT OF LEASF. KNOW ALL MEN 13Y THES1; PRESENTS., THAT 11)OD I'A111.5TORES, INC„ a Pennsylvania corporation,, party ; first part, in consideration of Ulu sung of TEN DOLLA11S ($10.00), lawful m068y United States to it in hand paid, together with other good and valuablo consideraL VENTURE TWENTY-ONE, INC., a Florida corporation, Marty of the second part,. before tiie c:(isc;aling and delivery of these presents, the receipt and suffici hereby acknowledged, has assigned, set over, transferred and conveyed, and by presents does herei»• and hcrcwith assibn, set over, transfer and gonvey unto the s! party of the scund part, .111 of its right, title and interest, as the present o%%mer of /ha; tenant's interest, in and to that certain business property lease Leasing date the of March, 1`J00, bCL%YeC!l CIIAIMLS Ii. a single: man, .ui i.essor, and BAR13AR&;:.Y.' „ CO1tPt�i2xno.N, a Flurida c:orpuratiun, as Lessee, and 1-k-vonicd uti the loth day of" March, 1050, among tile Public Records of 1);idc County, Florida, in Deed Book 3251;. ' Page 595, and vuverin,; the t•ollowing described property, tu-wit: Lots 1;;, 1.1, 15, 1u, 1: and 18 of Block 2, of the CHARLES 11. FROW SUBDIVISION, accorded;; to lice I'IM thereof recorded in Mat Book �3, at Page " .)I of the Public ltecords of Dade County, Florida. TO 1L1VL AND 'l'ci HOLD the saint unto the said party of the second part; its successuc•s and assigns for the duration thereof. IN WITNESS WII1:I{EOF, flit said party of the first Bart, by its duly authored officers has caused this instrument to Uc execuied and its official seal affixed herewttw, this day of r~ 1970. .��• • N Signed, sculed and delivered FOUD 1•4\111 a1101U.S, INC. ;n-.47• in the presence: of: By / Vice Nresident;� '' = Attest: �%�• ' _ r Asstetaat SearotAJ _ .•_•,,. fix:. .. 4. Sio 4:.A ati STATE OF Fl nRIDA SS. COUNTY Or DADS ) I IIERE13Y CERTIFY that on this day perso •_ R 1=/Al, EL S 7'C 1/V and L G Vice President and Assistant Secretary of FOOD FAli. - -i ,geared before me , vie/N S iNC., a Pennsylvania: corporation, to me well known to be the individuals desc. ., ,u in and who executcd'th0' within and foregoing Assignment of Lease and they acknowledged before me that they�'' such officers of said corporation as mentioned therein and that they executed the same r for the purposes therein expressed. %k'ITNF.SS my hated and official seal at Miami, said County and State, this•:; ti► Z day of _� NL . • ,� 1070. •,fit{{• ..` - SP HOrA�'r t►..,sic. st:,tr o; ;� ' �~Two' ; • c crk,{,rc-�f m AT exa:aFs tar �, �►�.•_-�: Xi commission expires: „... Y I0MeR0 ?""QU4M ►ARO w, a,ra•��tiOR!lti:IR+�av!: :.•tip. •;tf.��y`•' f$I ACCEPTANCE OF ASSIGN.NTENT OF LEASF. ror and in consideration of the sum of TEN DOLLARS ($10.00) and ot3tei = - �f and valuable considerations as well as the assignment to it of the above and foregoltt . VENTURE TWENTY-ONE, 11C. , a Florida corporation, Assignee above designated. •i hereby and herewith accept the above and foregoing assignment of lease and does a� and assume the performance of each and every tho terms of said toAse: kerb v DATED this 1 Z�'� _ day of J [: Iv E . 1970. 3 Witnesses;VFNTUIIr TWENTY-ONE. INC By Ps'cstdent:; �'; i • !I,s.'•'ems �,; ,•{ 1 ,:Y..• tip A tt"44 '+ , .,, •! '.. ;:� • �•.i �,-�4 ! �•. rim .{l r:'d`a .'..: l •t r,vrl; OF F1,0111DA s,. COUNTY OF DADT; I IIEREBY CT?i2TTI'Y that on this daybefore me personally appeared p Y PP � `.� ; �� .;� ►� RONALD L. t•THE President and A4WMIAT Secretary of VENTURE Tit ENT' -ONE, I:7C., to me well known to lac the individuals described in. .,,•�;;,�• .;, s.. and who executed the within and foregoing acceptance of assignment of lease andeach:"V acknowledged that they executed same for the purposes therein expressed. ;';. • ,, WITNESS my hand and official seal at Miami, Florida, this 1 111 1970. T O Notary Public ;NTy commission expires: a Fu LEASE AND OPTTOS TO Pt�RC':-LASE, THIS AGREEMENT, made the lltn day of 4370, 5 by and between, KATHERME C. FROW, residing at 3143 Grand Avenue, :rl13. 10` �^Ior4da . hereinafter called the "Lessor", and VENTURE TWENTY-ONE; LYC. , -'a Florida.egrpora Y ;; Saving an address at 1212 City National Bank Building, ]MIami, -Florida;; hereisiaPter: • the 17,e88eett. ., - � --,.,•;.-,• � : � ; i •• ~ _:�.{w : _,..r �r ..a. WITNE39ETH .' G The. Lessor inconsideration of the rent co d r�:"`•a' - veriat:ts aacf agreements: h . `fts�►n %•:� a: er reserved and contained on, the part of the lessee to be- paid aad' performed; per' $ • '' • lets to the Lessee that certain parcel of Iand bou l -w tided and described asp zolIowB- • • ' _ •• - -- _ ••Lots 19• and 20 of Block Z of CHARLL3 H. •PROW"• `• ��-�z"- ��: •� •-••- - = SUBDIVISION of Block 13 of the Edward Pent - - Homestead according to the Plat thereof, re- << corded in Plat Book 13 at Page 53 of the. Public Records of Dade,County, Florida. TO HAVE AND TO HOLD the said remise for a term o '-n;` premises i ninety- iia- �31::-•-";� .� years commencing on such day, month and year as the Lessee may elect- to ca•va suca Lease and Option to PLrc:+ase begin. The Lessee shall advise the Lessor'in writL-g;by:, ::ertified or registeri.: mail that it. elects Said Lease and Option to begin upon;i'certaia;;, CWL :tits, said date to be not less than si:tty (60) days from the date on which the-Le,sse-er.•advfz� � '= t.w Lessor of such beginning and upon receipt of such advice from the Lasse4,'-- i e58er�-,.,,z;� .ad Lessee shall each execute this Instrument entitled, "Lease and Option to Ptircrasa and the Lessor shall vacate the premises as of the date of the comrnencemect'bf'fbfsc -iW` ' vtr and Option to Purchase Agreement.Yy For and in consideration of the leasing aforesaid... the Lessee hereby pbv�narltg' and agrees to and with the Lessor, to pay to the Lessor for the premises above. da.iniAed monthly rental'during the first five (5) years of said lease of .. "• .:'tea � Y ;'r per month on the first of each and every month in advance and in the next.; • • . aAi ea• S�.r��i ^ti7 ninety-four (94) years to pay a monthly rental on the first day of each month ia_ adv'anee.'-•••; •er.'i'0 �.r �t �.ar ri,.V�i �j r. , i1.� a c��.q.,_- of In addition thereto; tEiB"T�ae covenants and agrees to pay all real estate taxes, assessments and hens levied by Pu1511'o`•� r •, Authority against the premises, which taxes, assessments and liens. are hereby rhad declared to be additional rent and to be due and payable as rent under this IMt;M7-& 7►iG?::%-Z,7 _ ..:. _-75 `7 Lessor agrees to forward by certified mail to the I—assee all tax bills or taxes a assessments levied against the premises, and the Lessee coveranta a n d agrees 1,0 r e*tu n, to the Lessor, such tax bills and/or liens and assessments duly recelpted by 1e,1Rec­31ver­*_. of Taxes of the area certifying that the same have been paid on or before the fL-a.L d�t a on which such taxes, aesessments or liens shall be delinquent - If the rent and/or additional rent above reserved shall not be paid an any_.-- ��..�;•. whereon such payment is due and such default shall continue fora period of nineV.-,(POF thereafter, or if the Lessee shall at any time during the demised term Lail In the. -per of, or permit the violation of any of the covenants, conditions, terms or provisioii IRL_ Z z Lease contained which on the part of the Lessee are, or ought to be observed, perfor_;­%_e,d' 13 and fulfilled, and such default shall not be made --ood within ninety (30) days a1t zr. notice.. ot e. and - demand thereof to be given by certified inail to the Lessee by the Lessor; then,. tha Las36r--.-*.! may at his option, terminata this Lease and this Lease and tha term uhareof and the o il,:3;, to purchase as hereinafter provided shall automatically cease and tarmliaata, and tha the Lc,3sor may, at his option, enter upon the demised premises, or any part. thereoi, C. have, hold, repossess and enjoy the same. The Lessee shall have tha privilege to entar upon the premises and t4 1 -,IL i 3r'. 0�­ W-. the same provided that such Improvezzients, are in conformity with the 70ning Ordi=c _4 of the community. The Lessee agrees that tha necessary building permits for any Im prove- ment to the and will be obtained from the Building Inspector with Juri3dicu on of the aTii,*_;�,i-:.'-.1%-' prior to the commencement of the construction of the same., V It Is hereby covenanted and agreed that the Lessee shall have the privilaia and option of purchasing the fee title to the premises hereby demised at any time aftei t2ii'. death of the Lessor for the sum of proviia-ali Lessee shall give at least thirty (30) days previous notice in writing to the exec U, ioei Ti administrators of the estate of the Lessor of its intention so to do and provided rurt5ei, &A that this Lease is then In full force and effect and that all rent due and payable hAs be rk- 11 paid in full. In the event the Lessee shall exercise said Option to Purchase, t h ti S. 0� who at that time may be the heirs, administrators or assigns of"the- i.ca$or covenants and agre'es that he or they or it will convey a good,* n 44 X_7 Z I • •1 • � .�: �� � Lam' • to the premises by a full covenant and warranty deed, clear oil, ail encumbrances j as in this Lease provided, and there shall not be any adjustment of the payments of, any rents or taxes upon the delivery of the deed. The Lessee shall, together Nvi.h ;aid na:iCa,. t tender to the Lessor who will then be the owner or owners of said premises the sum of - ^' •�:.. r by a certified or cashier's check, payable order of the then Lessor and the said Lessor shall within thirty (30) days thereafter deliver:' to the Lessee the aforesaid full covenant and warranty deed conveying the fee simple title-,-•':: "-- •.:1'�Ifa•'•wJ3.� . to the premises. The balance of the purchase price, shall be paid by the Lessee executing and delivering to the then Laesor;dr�, Lessors its purchase money note and mortgage in that amount bearing interest at u BtPr`of"-ire .•. �O�=4YwlaT.•.. six per century (6%) per annum, payable annually, the principal of which shall be paid: In = '� five (5) equal annual installments payable on the anniversary date of said rote and mortgage, each payment in the amount of one-fifth"(1/5) of the face amount of t1he note and moi4gsaga; the first payment of which shall be due and payable one (1) year after the anniversary:eta;of'• said note and mortgage. The note and mortgage shall be drawn ou a standard iorm:"used s leading Flow Ida title company, and shall be drawn by the attorney for the Lassor.va expense of the Lessee who shall•also pay the mortgage recording tax and recordlhgfees: .r.. _ :. :.'• ..ter :=y.'. +,V j'�i,� �'�• The mortgage -shall contain the usual ninety (90) day default clause for default ih payWentr d any amount of principal or interest due thereon, or the payment. of •real. es tat rta7ces•b :llezts by a Public Authority levied against the premises. The purchase moneynota,a]�d-'caor*.a� shall contain a prepayment clause statingthatthe Lessee- slial'i�ave'tbe pTivile re-r'""'`r. paying all or any part of the indebtedness of the note and mortgage at'any., timawfiiZotipdsi's%ky:': The Lessor understands that the Lessee is mortgaging'aad-cvn�difto vw;�r- .•4 L.. . •':rir t • 7.'• .• ..•..' . -.. •I tom:,:7G.��•t�"'-'+�y.�= '�o•�c,: assigning its interest in and to this Lease and Option to Purchase unto' Volunteer'Sta Insurance Company; therefore, notwithstanding anything in this Lease contain agrees as follows:' : ' . �T`r'' -. nit- .. - _.. ' �• .. _•.sue di• r;;;r ! �.• =':�. •' . • • - ' ..r• . 'r n...irt� it • • i••�-r-. (a) In. the event of any default on the part,ot Lessee,•;tb agrees to give notice to Volunteer. State Life Insurance Company*;'.P"0:-8ox� x . • ti • Chatanoogu* .Tennessee 37401.,of 'such- default simultaneously`'avttk lia •dafi4e •_.• ,•' -•';�' . ,/" ...I. sue"'` �:�.� ' - .. .L y'.-•S-'�'tt1?�:'''- .��'=h �3 J. • -� .� i d:.t�C Y' "; .� .z�'+.} + : c etc. �. rti+r aYa%; .»►t . r •^.i +A. .,:f I.A868O acid , t•La.%''•�.-i ( �•�: .j . •r.�'{. :. •a;C .;�=:G:Mi�4. n�_vti wl.'�C .i":f • a.►.•c-mil •.!• 1. •,' af.. y^ - . t' ti.i �,r?: ?`= •�.' :;�`. +:,w l+irt �' •�`'' _ ti'Ri �Yi':i `'t'^: ..''�•.-.*:S!:r`ti:.-►s... �'�.` .i'+ -•� : �: -" -'�tf►'.•s: -� r•,•. � •' r�� � j_ .;� •,:::yid! :• _.' :�. , � � � ::a:.~' ... •��• .;•. .T.. �;1•(�'iL�F,cM1�'•Ff+i��tz•�)•.•t•r•� C1•.� �..:.;c-�i.� v_• i.�' = ',: ;7...... :�•;a:'. �1:,• ��'r.•�r.�- 'i �1 n. .P1'a' ♦•��'j� y: .'� V+ r' r.P r.: J�t.,'�,�'.:.r'�,r Y'�': ,Af •.,;•• �J:; t�;. `••,•'�M�' •�! y�.:.• •.� !.r'^ I (b) the Lessor agrees to allow Volunteer State Life Insura;.ca - A Company to cure any default within Uhirty (30) days from the receipt of notice by 4'ol"n'ler, State Life Insurance Company of any default. _ All notices to be given as herein provided shall be by certified or registaredr� mail, mailed to the parties to this agreement at the address set opposite the naaie'otfia>11:- respective parties herein or, should either party change address, then it shall be sponsibility of that party to advise the other party in writing by registAred or. crei ttged. •- mail of such party's new address and such new address shall tie b� iised • f ..� ..,.. Tha.i.ease and Option to Purchase shall be binding and~.enforceahla uoi z_:. ..' _ .yip: �• L °Y^��?•� a. F:�•T` the heirs, administrators, successors and/or assigns of the parties` Izereto.' Soul •,AV ;�, :I Lessee exercise the Option to Purchase as herein provided, then the Laase'sh&U be•aaiz��:�• celled and no fu: her rent shall be paid by the Lessee to the Lessor. IN WITNESS Wit EREOc^ the parties hereto have hereunto set their and seals th'a day of Juue, 1370 7. KATHERLYE C. r ROW... t _ � _ _��"�•+.`fit z �4.^:. As t0 - t " •- t'. ' -'t �r.�= -'� �..•.41 y���.nY '''^•t . �„ - �'_ _, '�• _ :��: •'�'. � cif, _:.r - . ' ... VENTURE .'TY.-O:fE - 'C:-r''...,:• �, �.� Z•:• r� � 11JQ _._:r -President. ol J '.,, -• :•'may , i�{�v?,rr As to "saes Attest: ' Assistant Sectsn. ft ♦ •; • _ . � � l err. t�{,�, 1�,� T' Wt 41 ter'/�ti..j,)1�byri�It•+1.5A^"'�,'•� ►!•}���. • , . •ice ^�.�_ c'i;lte aE FLORIDA (raurl:g of DADS - :'� �; .•�_ �1 Perebg Certifg, Thai on this day, befory me. an officer duly aulho.lzer� tn.the $!alFaforetaid pns-'_� .::;'�;_ in the County aforesaid to !alto acknowfedgmoms,personallY aPPsated......:....... � ` •�"'� ' '.• , t.-z.T ......................... Ct...k'ROW.�...«..�.. .tcn�twE.....c.,�..a:,,a� ..�. �..:y' - .. u'r''•+. .. _ 10 me known" t0 6 the on....... describet>T in ara who executed the ;,,SSIIIIdd apt :. pees jorepoinq_lvdi*v�,and.. .•....:.:: •8.r"..:,,��'. ,. oelenowledged betor♦•rs�.1hal.....t311A.:.......... exeeut� the same., for the purposes• thereim e7[fjr 88C�7^ �y - ,;;r_ ,.•� . _ itMZJ nty�inrid and offkini.seal in the ,County and State last•aforaafd tht... -1970. >. • t•I::+Q• .t.: •R3.b, - .. - f _ .fy u..� ;t•.. .••.••wn- •..An..m•.•...P..... ••.,w ....•M• .. .I•w.••Mi.tiO4• �. Notary 5IL-. itR rueilt* 3T)lT<Otr+III tj My commissiorWV-045•flliila-Sbrt....,.i1ii. ;`-- ?a' "' _ _ s4tF?�}rRaua+l..e�s� y� etsess;taaa�~,;�-•�,= -� ...........-..._._ •��M���•./....••L.WL....................................•................ r • .`: A• - ••�'•_•�• .��-f�=�.• y ,'' : :�:•:s• : Y :: . J7, -=Bu Q12rtifg, that on this day. before me, an officer duly authorized in lilts St atearid., afore+aid to take, aclrnowledginents. personally appeared .......................................»: ' .:.. ... �` ::'.:.::•.+ ''� ':' RCNA.M.1..ME..and BARBARA F. TMZt '............................................ `.:- .a.i..«:�tT:Kr well mown to me, to be the ................ .President and...... .. ...............:..Secretary rispct:titbty`o'''? YEZ..TURE TWENTY-ONE. LNC ? orxd co-1 no u on............ the corporations in whose name the f ormoing lease u as s ecu e n tna they severally aeRrtosEiFadge�;ti:.._ ;_-= executing the same as such of/tcers of such corporation freely and voluntarily undor nVithority duyr•vostik- ;*±' there by snid corporation, anJ that lilt seal affixed thereto 1, the true corpora!* seal af. said corporals Pitruss my hand and official seal in the County and State, last ofonsatd: this...:•.. `�" Yam" f day of ........ . ............June .......................... A. D.. N.Q6 = 1970. .................................. Votary Publ.Lc-- N OT12Y P "•t.1C. �STAt6,' •w. 1.I. f..Z•47 My commission expires on:...�Y.{CtvVr►1;,5:CV'�iir�+� ��a;�'I9T� , , ••fit �, 4• �.n� r•V. L -S i,.- f� COU11tvrof......................................................................... - .T�w..y. • � • . rw a tbeforeh r' I n tale �j �-ierebg ,lBertlfg, that on this day, me, an officer teer dilly au1 0 1 v $ Y 1 personally aforesaid to take acknowledrimenls, appeared :...................•.,.....,...... ......................... ........ .... ...................................................... ................. ..........................•.. .•.... _... ;,= ^^ -;Z Yr, . �.,}t�•��ar.♦ well ldnou�n to me to be the..... .•..... President and .......... ... ......•......... Serrel,sry rtspd!tilriP a of :�-•3• .! the corpudnlion in whose name the fo►l,oinp le usas executed, and that they severally acknoiulodg�_'''•�,`'�`7YTj ororaling tl�a some as $uch of ficvn o such en in toil freely and voluntarily under adill�ortty duly vost:�d •tit r.... - them Iry said corporation, anti that the s a fixed thereto is the true corporal* teal of sold corporation �it1tC5B my hand add al •eel In the County and $tot• last ofonsoiti:l111ts.........:...,::.::era+•,.,;. day of .................... ....................., A. D,. .,•`7� • , 1 > ........•..................... ........• .......... s�,.a A Commodote' Plaza Inc. 8quafe*"',6 50 Biscayne Boulevard. Suite 300 Teiechone i3C5i 358-�372- P 0 Box 11011C T eiex 51•953a Miami Porida 33111.0110 January 8, 1986 Planning and Zoning Boards Administrative Department City of Miami 2751N.W. 2nd Street Miami, Florida 33128 Gentlemen: In furtherance of a telephone conversation with your department earlier today, please find enclosed a photocopy of letters from Jorge J. Rodriguez, General Manager, Field Real Estate & Buildings Office, United States Postal Service to Ronald L. Fine, President of Commodore Square Plaza, Inc. regarding the proposed redevelopment of the Coconut Grove Station dated September 3, 1985, and October 10, 1985, respectively. The business terms of these two letters have been blanked out. Very truly yours, c—.COMMO'0 E PLAZA SQUARE, INC. Jasper Moore Vice President JMM/kr enclosures HAND DELIVERED i �g a A a2u (�R MAIM ,. December 24, 1985 John T. Green 3158 Florida Avenue Coconut Grove Miami, F1 33133 Dear Mr. Green: SERGIO PEREIRPA City Manager Re: Letters of December 6, December 9, December 10 & December 14, 1985, requesting interpretation This is in response to your numerous letters to me requesting interpretations on various sections of the Zoning Ordinance as applying to the proposed Post Office Plaza at 3195 Grand Avenue. The conclusion in your letter of December 14, 1985 that my not replying to you within the short period of time you requested implies that there are "very serious ommissions" is false. I explained in my letter of December 12 the reason for not responding immediately. In more thouroughly reading your letters I find that you are requesting explanations of various sections of the Zoning Ordinance. The application of these sections can be explained to you by any of my Zoning personnel or any person knowledgable in the Zoning Ordinance. A Zoning Interpretation is not required. If you require any further information feel free to call and make an appointment to meet with me in my office. -+Yours truly, - $Os h A. Genuardi P.E., ni Administrator JAG/lc cc: Walter Pierce Chief Teems G. Miriam Mae; Juan Gonzalez Aurelio Perez-Lugonesv- Zoning file FIRE, RESCUE 3 INSPECTION SERVICES DEPARTMENT TECHNICAL SERVICES / 275 N.W. 2nd Street / P.O.Bo: 330708 / Miami. FL 33233-0708 / (3051 3SO.7957 Chief K.E. McCullough, Director / Deputy Chiefs: C.D. Fabyan, D.H. Teems, F. Jordan Ne-1.021 a a A etas*243 4r POST OFFICE PLAZA INDEX a Post Office Plaza press release Crime Statistics in the area � '1 Wilbur Smith Traffic Study report` Coconut Grove parking study Correspondence with the Planning Department: (a) 12/83 letter expressing continuing support for the project. (b) Letter to Planning Dept. from Venture Development expressing concern of the Dept.'s recommendations. (c) 12/4/85 response letter from Planning Dept. to Venture Development. (d) Letter of response from the Zoning Dept. to the Planning Dept. regarding objections to light plane. Color Rendering Aerial photograph/plat Letters of support from area neighbors Photo of area asap Letter of support from Coconut Grove Local Development Corporation dated December 16, 1985. 4 is .. City of Miami Zoning Board 275 N.W. 1st Street Miami, Florida 33128 Dear Board Members: November 14, 1985 RE: Zoning: Post Office Plaza N.E. Corner, Grand Avenue and McDonald Street As a (resident)(adjacent property owner)(local businessman/ merchant) I would like to express my support for the proposed development and requested special exception and variances for the project known as Post Office Plaza that will be presented before the City of Miami Zoning Board on Monday evening, November 18, 1985. i believe that this project is very important to all of Coconut Grove including those of us who .live or do business in the immediate area. This uniquely designed project can be the catalyst for the implementation of the "Grand Avenue Plan" that will eventually redevelop the businesses and shops from McDonald Street west to Dixie Highway/U.S. 1. The Plaza area, with its public seating and food experiences at the entrance to a new expanded postal facility, along with enclosed secured parking with retail shops, office space and apartment/hotel units, will create new jobs, increase tax revenues and enhance property values. The items being requested appear to be minor and necessary for this much needed project which will be a showcase development for all of us who are concerned with maintaining the aesthetic integrity of Coconut Grove. Thank you. STD 9 Z- GEORGE A. SIMPSON, M.D.. F.A.C.S. PEDRO G. VELEZ, M.D. aU"aEnr 1001 NcwTmwcsT 94TM STp[lT MIAMI. FLonica 33127 Pt4cme 754•3431 November 20, 1985 City of Miami Zoning Board 275 N.W. 1st Street Miami, Florida 33128 RE: Zoning: Pust Office Plaza N.E. Corner, Grand avenue and McDonald Street Dear Board Members: As a resident and as property owner in Coconut Grove, I would like to express my support for the proposed development and requested special exception and variances for the project known as Post Office Plaza that will be presented before the City of Miami Zoning Board on Monday evening, November 18, 1985. I believe that this project is very important to all of Coconut Grove including those of us who live or do business in the immediate area. This uniquely designed project can be the catalyst for the implementation of the "Grand Avenue Plan" that will eventually redevelop the businesses and shops from McDonald Street west to Dixie Highway/U.S. 1. The Plaza area, with its public seating and food experiences at the entrance to a new expanded postal facility, along with enclosed secured packing with retail shops, office space and apartment/hotel units, will create new jobs, increase tax revenues and enhance property values. The items being requested appear to be minor and necessary for this much needed project which will be a showcase development for all of us who are concerned with maintaining the aesthetic integrity of Coconut Grove. Thank you. George A.'Simpson, M. 0. 3619 Percival Ave. Miami, Florida 33133 LZ :. FROM: HANK MEYER ASSOCIATES, INC. Jill Pollack/Phyllis Shapiro P.O. Box 218 2990 Biscayne Boulevard Miami, Florida 33137 (305) 576-5700 IMMEDIATE RELEASE "POST OFFICE PLAZA" TO ADD LIFE TO GROVE Miami developer Ron Fine has filed plans with the City of Miami to build a $25 million, five -story retail, office and apartment/hotel complex on the northeast corner of Grand Avenue and McDonald Street (32nd Avenue) in Coconut Grove. Modeled after a Mediterranean coastal village, the mixed -use building will feature a large open plaza highlighted by an atrium and clock tower that faces onto Commodore Plaza. The plaza will be rimmed by outdoor cafes and two levels of retail and service shops totaling 90,000 square feet. The middle level of the building will have 40,000 square feet of office space. The top two floors have been designed for an 85-unit apartment/hotel reminiscent of the bed -and -breakfast inns of Europe. The top three floors will be centered around a lushly landscaped, naturally -lit atrium, while the roof will be used for open-air dining. The branch post office and the theater currently occupying the corner will both be relocated and expanded within the complex. In honor of the post office, the development will be called "Post Office Plaza," Fine said. "This project will provide a new gateway for Coconut • Grove, offering a beautiful vista for all those traveling west on t -snore- ,9. V -z- Commodore Plaza, and serving as a link between Central Grove and West Grove," Fine said. "We are creating a place where people are encouraged to enter and enjoy." The extensive landscaping, creative architecture and two years of planning the mixed -use project reflect the developers' and the city's sensitivity to the neighborhood and Coconut Grove. "With Miami's new emphasis on intense planning prior to the approval, this project represents one of the most conscien- tious plans currently on the drawing boards in this city," Fine said. Fine, 54, is president of Venture Development Corp., a real estate and hotel development management firm. Chairman of the Board of the Miami Marlins baseball team, Fine has been an instrumental figure in efforts to redevelop downtown Miami, in particular, the Park West and Overtown areas and Bayfront Park. Fine is the managing general partner of the Freedom Tower and President of the Columbus Hotel. Fine has owned the Coconut Grove property since 1958, and has considered several projects for the site.. During a trip to Europe two years ago to research mixed -use developments, Fine was impressed by Puerto Banuse, a waterfront village near Malaga, Spain. It is one of the most popular attractions in southern Spain, Fine said, with tourists lining their cars up to get into the village. -More- -3- • "We wanted something different, yet designed for the Grove, so we went looking in Europe, where the concept of mixed - use is more customary," Fine said. The architect for Post Office Plaza is Kober/Belluschi t Associates, of Coral Gables and Chicago. A division of the Kober Group, an award -winning, international architectural firm, Kober/Belluschi specializes in mixed -use buildings. The firm's Florida projects include renovation of the 163rd Street Mall in North Miami Beach, detailed working documents for the Chinese and German pavilions at Epcot Center in Orlando, and planning and design for the Kendall Town and Country development. Typical of the architect's style, Post Office Plaza will include such details as open-air or fabric roofs to maximize the amount of natural light, landscaped courtyards, skylit corridors, rooftop dining and recreational areas, and expansive views. Those with offices or apartments on the south side of the building will enjoy views of Biscayne Bay, while those on the north side of the building can view the dramatic Miami skyline. The project's abundant landscaping has been designed by Sasaki Associates Inc. of Coral Gables, the nationally renowned landscape architects who have been responsible for the landscape designs of Miracle Mile in Coral Gables, Plaza Venetia on Biscayne Bay, and the.Metro-Dade Cultural Center in downtown Miami, among other projects. -more- • �6 -4- Plans for Post Office Plaza call for landscaping the entire northern face of the project, and preserving all the mature shade trees currently on the property and relocating them elsewhere in the project or off -site. Construction of Post Office Plaza is expected to begin in the fall of 1986 pending approval of plans filed with the City of Miami. "With this project, we're creating a traditional city atmosphere for Miami, where people shop, work, eat and live all in one area," Fine said. JP/Sc VEN 5.1-.4 4798 -4- Plans for Post Office Plaza call for landscaping the entire northern face of the project, and preserving all the mature shade trees currently on the property and relocating them elsewhere in the project or off -site. Construction of Post Office Plaza is expected to begin in the fall of 1986 pending approval of plans filed with the City of Miami. "With this project, we're creating a traditional city atmosphere for Miami, where people shop, work, eat and live all in one area," Fine said. JP/Sc VEN 5.1-.4 4798 r A A M%.� S16V 110v%S�'%C-c Cs 41e •i•11.o t m i Uzi Cot I- 'ISM 11 .°1 1 � •.,,�,-��v�l'C 3y "13 , 114 �•�.a� �,,,�� 1 `i%4 ' t-WI I +13 4 1 , i-V% 4.4 .&A .• ..���., i. 1�.�r. �r�'��.-� •I � � � '+'� ♦ ••tom' •. ��•••�• �• (� �� ��`�1�i' �= � i,' •��.jl�. .� "%�'{!•r .g3f�ity ;J►.il.•r.��••2s �•f.-...-•�•����••.',' -'�'"'�'.i"`'-r,��+,� •1�+•� .,'.� •y,... •I � ,,°L.::�' t� ,' • "� •i• i�. M. �-' y.� ��+ ';�S };i'r:•,.' °�. ; _ �r .:,.�a��� ! .� J��r� � ai �,•-. its - FL ..i : i -• •is '►.� ' •�. ~�. i'�t �..�;. 1r�. ��'Y�a ^.�•:.•t# •�:. +�.�^+ ��•�0�����T.��. .��+. w`�• icy.. �L*. .�.• � I� A A 9ft-Mut YmA and Ldwcia/6, tgnc. 8675 NW 53ra STREET, SUIrE 210 CABLE MILS•%llrP EXECCrlVECENrER DRIVE TELEX 5'l3-;J MIAMI, FLORIDA 33166.4S79 PHONE (305) 592.0637 November 22, 1985 Mr. Jasper M. Moore Senior Vice President Venture Development Corporation 50 Biscayne Boulevard, Suite 300 P.O. Box 110110 Miami, Florida 33111-0110 Re: Post Office Plaza Dear Mr. Moore: # 190050 Enclosed is a tabulation of vehicular trips estimated to be generated for each of the land uses within the proposed Post Office Plaza. The tabulation includes an identification of the land uses, total number of trip -ends, entering trips, exiting trips, and the ratio of in's and out s. This tabulation is for the critical -hour volume which will occur during the afternoon or P.M. period. Also enclosed is a listing of the assigned directional distribution of the trips to and from the proposed development along with a flow diagram which depicts the number of vehicles which are forecast to enter and leave the parking garage dur- ing the critical -hour. The flow diagram readily illustrates the low level of vehicular volumes attracted to and from the site during the critical peak hour. This situation is a direct result of the mix of land uses proposed for the site. The major turning move- ments occur at the entrance to the parking garage. If congestion were to occur it would be within the parking facility itself and not ou.t on the street. In response to your question in this regard. I would expect the additional traffic using Florida Avenue to be less than one percent of the traffic to be generated by Post Office Plaza or less than five vehicles during the critical'street peak -hour. continue...... ail ALMANY. NY . ALLSANCL.ON • COLI/MOK SC • CAMAIGYP► • PALLSCMUM^ VA - MONGKOsvG • Nmrm rF-'WL'LMWfi, MALAYM KNOXVILL9. rN • Nr. MOLING. KV . 40/AN4 iL • NCr NAV[N. Cr . N9W YOAK. NY . M09MIX. AS • PiMOUNGN. PA . PROV109MCL f • ••••, •••ems• e.w`•�,n•r fn&eW fl r4NA04 • WASH fa -- 04 Mr. Jasper M. Moore November 22, 1985 Post Office Plaza Page 2 I will see you at the meeting scheduled for 7:00 P.M. on Monday, November 25, 1985. In the meantime if I can be of further assistance to you or if you have any questions, please let me know. 2 A.R. n I Jr P.E. Princ pal AssocWe ARO/c Enc U 1) Trip Generation Forecast 2) Trip Generation Assignment and Flow Diagram WMAW 916A and4aa"& t� Proposed Use Restaurant Retail Post Office Office Theatre Residential Totals 0*4 PEAK -HOUR (P.M.) TRIP GENERATION FORECAST FOR PROPOSED POST OFFICE PLAZA P.N. Peak -Hour Ingress Egress In/Out Ratio 12 12 0 100/0 303 212 91 70/30 40 20 20 50/ 50 85 8 77 10/90 0 0 0 - 34 27 7 80/ 20 474 279 195 59/41 A TRIP GENERATION ASSIGNMENT 30% to and from McDonald Street 30% to and from West Grand Avenue 40% to and from East Grand Avenue P.M. PEAK-HR. TRAFFIC FLOW DIAGRAM a .56 RAMP To "I RKiNa N - � I I II 4 111 --� 79 . .j}lft. a1r••wij � ..+.� �'•..- ��. ytjiwJs'�i:.f�V!t „i��•,;t..y.•.�t, A Coconut Grove Business Center Public Parking Facilities Feasibility StudvJanuary 1980 FOR CITY OF MIAMI CITY COMMISSION Maurice A. Ferre, Mayor Armando- Lacasa, Vice Mayor Joe Carollo Theodore R. Gibson . J. L. Plummer Jr. PLANING ADVISORY BOARD Grace Rockafellar, Chairperson Lorenzo L. Luaces, Vice Chairperson Eduardo A. Calil Jose Correa Mary Lichtenstein Arsenio Milian C vril Smith Richard Rosichan, Alternate Jim Reid, Executive Secretary CITY MANAGER Joseph R. Grassi& Richard L. Fosmoen, Assistant City Manager for Community Development PLANNING DEPARTMENT Jim Reid, Director TECHNICAL REVIEW COMMITTEE Joseph W. McMaLus, Assistant Director, Planninq Department Donald W. Cather, Director, Department of Public Works Richard LaBaw, Director, Department of Off Street Parkinq PREPARED BY: Josenh F. Rice, PE Russell, Martinez 6 Holt, Architects, Inc. First Research Forti Enqineering Systems Tad Dooney, AIP t GN This study was funded from the third Year Community Devel�� �. Block Grant - 9 �� A temporary basis should be considered. Long term use of the property should include consideration of providing a site for a supermarket to replace the present store when it is redeveloped by further expansion of Mayfair. The Grove has lost one of its food markets, and a supermarket food store is important to the area. In this area an opportunity to construct a food market having a roof ton parking facility, perhaps on the Farmers Market site with its proximity to the older section of the commercial area, would permit dual use of the parking facilities. Anthony Arcade - Foremost of the development opportunities is the Anthony Arcade bounded by Grand Avenue, Fuller Street,Main Highway and the Alley. This older shopping plaza and parking lot (number 17 and 18 on the inventory) probably provides the lar- gest single opportunity for redevelopment in the Commodore -Grand - Main area. It was also shown in the original Planning Study as a potential parking site. It is important that its design be linked with Commodore Plaza and Fuller Street for better land utilization. Post - This site provides the largest free off- . street parking area it Coconut Grove. Its parking is limited du- ring business hours to patrons and to 30 minutes. •with the Coconut Grove Cinema, this site represents one of the finest op- portunities for a private garage site because of its location near Commodore Plaza and'its access to McDonald St. and to Grand 8(;41L'22k 39. 004 Avenue. Its size is adequate for such development. It, too, was defined in the planning report as a potential off-street parking site. Players State Theater- - Perhaps the Grove's most valuable asset, the Theater and its associated land holdings between Thomas Avenue. Crarles Avenue, Main Highway and* Williams Avenue represent the southern anchor of the business - entertainment area. However, a low parker utilization of the _ off-street lots, except during some matinees, indicate a lack of awareness of their presence or a fear of using the lots because of inadequate security and the length of walk to shopping areas. The theater holdings remain unexploited. It is recommended that the City consider assisting in providing means to improve the parking at the Theater. This could include advancing funds pending receipt of the State funds, for upgrading the main lot, number 3, improved signing, striping, access, fence repair and even lighting and landscaping, all to be repaid , a upon receipt of state funds. In addition, an effort, should be initiated by the City and. the lace 1 Chamber to provide a concourse , sell, or aresds shopping areas) that would connect this parking (alley) area with Cm 9dore Plaza. Also, closure of Thomas Avenue except for off-peak commercial deliveries and orientation of business to that frontage should be considered. This type G t 40. g� 004 Avenue. Its size is adequate for such development. It, too, was defined in the planning report as a potential off-street parking site. , Players State Theater - Perhaps the Grove's most valuable asset, the Theater and its associated land holdings between Thomas Avenue, Cfiarles Avenue, !lain Highway and Williams Avenue represent the southern anchor of the business - entertainment area. However, a low parker utilization of the off-street lots, except during some matinees, indicate a lack of awareness of their presence or a fear of using the lots because of inadequate security and the length of walk to shopping areas. The theater holdings remain unexploited. It is recommended that the City consider assisting in providing means to improve the parking at the Theater. This could include advancing funds pending receipt of the State funds, for upgrading the main lot, number 3, improved signing, striping, access, fence repair and even lighting and landscaping, all to be repaid upon receipt of state funds. In addition, an effort, should be initiated by *the City and. the local Chamber to provide a concourse , mall, or arceb shopping area s) that would connect this parking (alley) area with Ca madore Plaza. Also, closure of Thomas Avenue except for off-peak commercial deliveries and orientation of business to that frontage should be considered. This type t O ao, 9� December 8, 1983 Mr. Ronald L. Fine, President Venture Development Corporation 1212 City National Bank Building Miami, Florida 33130 RE: Proposed Grand Plaza NEC Grand Avenue and McDonald Avenue Coconut Grove, Florida Dear Mr. Fine: We have preliminarily reviewed your plans dated December 7, 1983, as prepared by Lovd Frank Vann, AIA, for a commercial development of approximately 124,000 square feet on the above -captioned site. Please be advised that we find the basic calculations for site development specifications as listed within your plan statistics to be in accord with the SPI-2 zoning district. As you are aware, the zoning requires that the parking lot on Florida Avenue have a public hearing and the granting of a special exception by the Zoning Board in order for the project to proceed as planned. You have advised us that the front and rear facades of the proposed building will be the subject of additional architectural refinement which will be submitted to us, along with your landscape improvement plan. At such time as- you proceed with building plans, they will be submitted to other City departments for their review and consideration to canfirm that the glans meet'their regsirc=nts. We are pleased that this substantial improvement of*a key property is contemplated and we remain supportive of your efforts. Sincerel , gia Rodriguez, Director 00000 Plaaaing Department PLANNING rue %Xr%%kNt i 275 . %v 2nd )uco • imsir.is fsu,j, t{1:tj J TG: Sergio Rodriguez Director of Planning Department FROM: Ronald L. Fine Venture Development Corporation IN RE: Project Planning History Post Office Plaza 3195 Grand Avenue Coconut Grove, Florida DATZ: November 21, 1985 During the past two years of working with the City of Miami Planning Department staff, the project has been re -designed three (3) times. At the beginning of the planning review process, the Department designated Jack Luft as its primary representative. Based upon these instructions, the developer worked with and took guidance from the Planning Department by and through Jack Luft which resulted in many major modifications in the project which caused substantial increased developer costs and which changes and extra costs were accepted by the eeveloper as reflected in the plans currently on file with the City and before the City of Miami Zoning Board next Monday evening, November 25, 1985. Notwithstanding internal reorganisation with the Planning Department, we were advised to continue working with Jack Luft in order that there -be planning continuity and Coconur Crove expertise Applied to this project by the Planning Department. Guillermo Olmedillo, who joined the Department since the Summer, stated that it was also his desire to have Jack Luft cpittinue throughout the review and approval process because of his experienLe and knowledge of the Coconut Grove neighborhood as well as this project. The Special Exception and two Variances on the Zoning Board Agenda result from completing a mixed use project design by being responsiv4 to the City's recommendations and needs, including giving to the City, at no cost, the projectowner's property for future possible Right -of -Way use by the City. It should also be noted that the project meets all other tour and prltnary zoning requirements of the City; has not uned an additional available 18,000 square feet of floor area whirh is permitted under the Code, and has in encess of 40-car parking above the City's Code requirements, all of Uhicl► reinforce the developec's sensitivity to incorporate the Planning Departr_ant's recommendations over a two-year period and provide a well' -designed and wali- pl.anned project for the Coconut Grove community. In light of this trio -year planning history, it was shocking and surprising to receive at the and of the day before the originally scheduled Zoning Hearing the Department's recu:.Pend3tion of denial of ottr request for Special Exception and two Variances. We assert that this unprofessional happening could only have resulted from the lack of information and participation in your decision making process from those people who continued. were primarily involved in the two-year planning process and whose guidance and support were essential in achieving the final project design. I would like, therefore, to review certain technical information and previous planning and zoning interpretations which support and reinforce our request for Special Exception and two Variances. 1. The Planning Department recommendation to locate parking on the RS-2/2 portion of the site meets the spirit of the SPI-2 district regulations as contained in Section 1521. "Intent" and Section 1528. "Minimum Off Street Parking", with its reference to Section 2018. (copies of Sections referenced are attached hereto). The parking area walls facing adjoining residential properties were solidly'and completely enclosed to eliminate any possibility of vision, light or sound penetration, and these walls were also designed with exterior decorative architectural features and extensive landscaping to enhance and improve the visual appearance of the parking structure, even above its current residential appearance. 2. The Variance for required off-street loading stalls is in furtherance of Section 2022.6.and anticipates the reduced need for loading space in joint use facilities where the separate street requirements of the Ordinance results in excessive loading requirements. However, it wa- determined that in order to have a permanency of this loading space reduction in a permanent building, it was necessary to request a Variance rather than a Special Exception because once the building is completed, it is impossible to change these physical requirements. 3. The light plane Variance is within the intent of the Ordinance as to the mixture of residential and non-residential uses by having the building provide interior as well as exterior open space amenities. Ordinance 9500, Article 20, Section 2016. provides for exclusion of encroachments into the height envelope which results from demands due to specific requirements by staff in particular districts. Article 15, Section 1521., specifies the intent of the SPI-2 district as including innovative site planning, architectural design and creative opportunities for a combingo residential and non-residential use in a pattern minimizing popential adverse effects of such combinations. In addition to plazas, atriums and balconies, the Planning DeparLaent has properly requested certain architectural features be added to the Post Office Plaza building facing thtt residential neighborhood which minimally -penetrate the light plane adjacent to the RS 2/2 lots. The benefits of these Planning Department required architectural features under the ordinance do not violate the intent of the height envelope requirements, by their penetration into the height envelope/light plane, and should have resulted in a supportive, positive recommendation for the Variance, particularly in the context of the Planning Department's requests and requirements during the two-year project design period. 99 This memo is intended to supplement our applications of the subject cutters present before the Zoning Board, and are in furtherance of our requested meeting with you and your associates tomorrow at 10:30 a.m. in your Conference Room. It is our intention to urge you to give new consideration to this factual information arising over a two-year period of working with your Planning Department with the purpose of having your Department withdraw its denial of our request for Special Exception and two Variances and, in fact, support us in completing those items which your Department encouraged and required in the planning process. onald L. Fine, Presiden cc: Walter Pierce. Assistant City Manager Jack Luft, Planning Department Guillermo Olmedillo. Plaunirg Department Joseph A. Genuardi, Zoning Administrator 1 0 -3- too ons ZONING 3. Such offsite parking shall be permissible only by Class C special permit. Sec. 151& Limitations on signs. Limitations on signs shall be as for CR districta. Sec. 1519. Reserved. See. 1320. SPI-2 Coconut Grove central commercial district. Sec. 1521. Intent. 1 1522 Within the commercial center of Coconut Grove, it is of special and substantial public interest to strengthen unique historic and cultural character by regulations encouraging retail and service development with strong pedestrian orientation, uninterrupted along prime ground level pedestrian frontages by uses which are not pedestrian -oriented. It is further intended to encourage activities, arrangements, and amenities generating pedestrian street life, cultural aria facilities appropriate to the area, innovative site planning and architectural design, and to create opportunities for combining residential and nonresidential uses in a pattern minimizing potential adverse effects of such combinations. Sec..152t Special permits. 15221. When required No building permit shall be issued -within the boundaries of the SPI.2 district affecting the height, bulk, location or exterior configuration of any existing principal structure, or for the erection of any new principal structure, or fur the location, relocation or enlargement of any vehicular way providing access to private property from pedestrian streets. until a special permit has been issued. Except as otherwise indicated in connection with specified uses, a Class C special permit shall be required. Z522.1 Materials to be submitted with applications Materials to be submitted with applications for special permits within this district shall be as required generally at section 2304. In applications involving pedestrian otrett frontages, site and building plans and related reports shall be In such detail, and of such a nature, as to facilitate the making of determinations in the particular can as to conformity with the principles established below. 15213. Considerations Qensra y. 'and on pedestrian street Jiontages • 15213.1. Considerations generally. The general purpose of such special permit considera. tions shell be to determine conformity of the application as submitted, or with such conditions and safeguards as may reasonably be attached to assure such conformity, with the requirements and expressed intent of these regulations as applying gener. ally t the dut�ri�" asc well as to anY cojtditionsy, limitations or requirements wed for partisalar usse or load iaoa. f3ciw-te2t- !Dc W ZONING * 1528 Yards adjacent to pedestrian streets may be crossed by driveways equal in maximum width to twenty-five (25) percent of the width of the lot (or depth where such streets adjoin at the side), provided that in no can shall any such driveway exceed eighteen (18) feet in total width (aside from flares). 1526.3.2 Transfer of development rights affecting side or rear yards or building spacing. Transfer of development rights affecting side or rear yards or building spacing shall be permissible only by Class C special permit. (Ord. No. 9735, 11, 10-27.83) Sec. 1527. Mazdmum height. Height within this district shall be limited to fifty (50) fe*t Sec. 152& Minimum offstreet parldag. Except as established for particular uses in the schedule of district regulations for RG-2 and CR districts, minimum offstreet parking shall be as indicated for the particular land use intensity rating derived for the property from the tables in section 2011.1.1. In addition, the following provisions or limitations shall apply: 1. Since it is intended that automotive traffic related to nonresidential uses shall be minimised on pedestrian streets, location of nonresidential offsite parking shall be • permissible as provided at section 2018, but without any demonstration or required finding as to practical difficulties or unnecessary hardship in providing required parking on the site. Offsits required parking for residential uses shall require such demonstration and finding. 2. In addition to the reductions in offstreet parking requirements, provisions for defer- ral of part of parking improvements, and arrangement for provision of joint parking facilities authorized in section 2017, in any mi:%ed use development including a theater, spaces required for other nonresidential uses may be credited toward meet• ing requirements for the theater to the extent justified by timing of peak demands. 3. Where outdoor areas are regularly used for display and sales, or as dining areas, the floor area shall be exempt from offstreet parking requirements. ,* 4. Bicycle spaces shall be provided in a number equal to the number automotive park. ing spaces required, except that not more than ten (10) such bicycle spaces shall be -required. Spas+ shall be located and improved to promote security and the comfort and eonvenienof both pedestrians and cyclists, and shall generally be onsite, but may be provided jointly under the provisions of section 2017.9, "Joint parking facili• ties for contiguous use." where such joint facilities we found to be in the public intereaL Storage apparatus shall be so designed as to permit locking bicycles to it s�seurel�. . . G Z. OAN ZONING 11528 Yards adjacent to pedestrian streets may be crossed by driveways equal in maximum width to twenty-five (25) percent of the width of the lot (or depth where such streets adjoin at the side), provided that in no case shall any such driveway exceed eighteen (18) feet in total width (aside from flares). 1526 3.2. Transfer of development rights affecting side or rear yards or building spacing. Transfer of development rights affecting side or rear yards or building spacing shall be permissible only by Class C special permit. (Ord. No. 9733. f 1. 10-27.83) Sec. 1527. Maximum height. Height within this district shall be limited to fifty (50) feet Sec. 1528. Minimum offstreet parldng. Except as established for particular uses in the schedule of district regulations for RG-2 and CR districts, minimum offstreet parking shall be as indicated for the particular land use intensity rating derived for the property from the tables in section 2011.1.1. In addition, the following provisions or limitations shall apply: 1. Since it is intended that automotive traffic related to nonresidential uses shall be minimized on pedestrian streets, location of nonresidential offsite parking shall be •permissible as provided at section 2018. but without any demonstration or required finding as to practical difficulties or unnecessary hardship in providing required parking on the site. Mite required parking for residential uses shall require such demonstration and fending. 2. In addition to the reductions in offstreet parking requirements. provisions for defer• ral of part of parking improvements, and arrangement for provision of joint parking facilities authorized in section 2017, in any mixed use development including a theater, spaces required for other nonresidential uses may be credited toward meet. ing requirements for the theater to the extent justified by timing of peak demands. 3. When outdoor areas are regularly used for display and sales, or as dining areas. the floor area shall be exempt from offstreet parking requirements. J0 4. Bicycle spaces shall be provided in a number equal to the number automotive park. ing spaces requbvA. except that not more than ten (10) such bicycle spaces shall be required. Spacai shall be located and improved to promote security an& the comfort and eonvenien of both pedestrians and cyclists, and shall generally be onsits, but maybe provided jointly uadsr the provisions of section 2017.9, "Joint parking facili. ties for contiguous use," when such joint facilities an found to be in the public Interest Stamp apparatus shall be so designed as to permit locking bicycles to it ascurey. . - 77 . rOZ- �0 ZONING 2017.10. Required offstreet parking restrictions on lease or rental; exception. 12018 Required offstreet parking shall not be leased or rented to residents, officials, or employ ees for whoa such parking is required, to visitors to the premises, or to other persons; provided, offstreet parking space may be sold to the buyer of a condominium unit as a part of the purchase price of the specific unit. 2017.11. Calculation of parking requirements related to number of seats. Where parking requirements relate to number of seats and seating is in the form of undivided pews, benches, or the like, twenty (20) lineal inches shall be construed to be equal to one (1) seat. Where parking requirements relate to movable seating in auditoriums and other assembly rooms, ten (10) square feet of net floor area shall be construed to be equal to one (1) seat except where otherwise specified Net floor area shall be the actual area occupied by , seating and related aisles, and shall not include accessory unoccupied areas or the thickness of walls. 2017.12. Limitations of use of offstreet parking and loading areas; restrictions on storage of vehicles not in operating condition. No required offstreet parking or loading area shall be used for the sale, major repair, or dismantling of any vehicle or equipment, or for storage of materials or supplies, and no other area nn a lot shall be used for such purposes unless permitted under regulations applying within the district. No vehicle not in operating condition shall occupy unenclosed parking space or any loading space on any lot for more than seventy-two (72) hours, except as permitted under regulations applying to the permitted principal use within the district. (Ord. No. 9630, 1 1, 5-31.63; Card. No. 9757, 4 1, 11-18.83; Ord. No. 9816, 11. 3.29.84) Sec. 201& Offsite parldng. It is the general intent of these regulations that required offstreet parking be provided on the same lot with the principal use or structure it serves, except as otherwise specifically authorized. Offsite parking shall be permitted only as provided at section 2017.9, "Joint parking facilities fer contiguous uses," or as authorized by the provisions of this section, or as otherwis& specifically permitted under the terms of this zoning ordinance, and in any event only where there are practical difficulties or unnecessary hardships involved in providing required parking on the site, or in joint facilities as indicated at section 2M7.9. 2018.1. Maximum distance limitations Unless othem-ise specifically provided for the following types of parking fatlities, the maximum distance from a principal entrance of any parking facility permitted to provide required offsits parking to a principal entrance of the use served shall not exceed six hundred (600) feet, with distance measured by normal pedestrian routes (a) Self-service parking for visitors, clients, or customers of the principal use, or for residents. l : ' (b) Self -emotes parkbg for. afflem or employers d the principal use, reserved for and wed only by =ch afficers ae empyoyaw 2U 8Gi-4 21. �03 12018 MIAMI, FLORIDA (c) Facilities approved for and maintained with attendant parking only. 2018.2. Offsite parking on adjoining or abutting lots Except as provided at section 2017.9. "Joint parking facilities for contiguous use," offsite parking on lots in separate ownership or abutting lots containing principal uses served, in the same frontage without an intervening street, but with or without as intervening alley, shall require permits and be subject to requirements and limitations as follows: 2018.2.1. Special exception required where lots are in transitional or other areas of resi- dential districts and parking is for uses other than residential within the same residen. tial district: A special exception shall be required where such adjoining or abutting lots are in the traniitional or other areas of residential districts and the proposed parking facility is to serve uses other than residential within the same residential district. In connection with such exception, the following particular limitations and requirements shall apply: (a) Except where in structures, such facilities shall be for the parking of private passenger vehicles only. (b) Except as required for and restricted to emergency and service vehicles, access to such lots shall be only from within the district in which the principal use is located, or from alleys within or immediately adjacent to the boundaries of such districts, unless such lots have direct access to adjacent major streets. (c) Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any remaining edges of the lot not adjacent to streets except where such edges adjoin nonresidential district boundaries or alleys containing nonresidential district boundaries. (d) Such parking may be permitted only upon findings demonstrating assurance of the continuing availability of the land to be used for such offstreet parking, or that approved alternative facilities will be provided. (See section 2018.5, rovis;ons for continuation or replacement of required offsite parking.") 201&2.2. Class C special permit required where tots are in transitional or other areas of residential districts and parking is for residential uses within the same district or the adjoining district: A Class C special permit shall be required whelre such adjoining or abutting lots are in the transitional or other areas of a residential district and the proposed parking.is to serve residential uses within the same district or thl adjoining district. In such cases, the same special limitations shall apply as set forth in section 2018.2.1, except that access to such lots may be from within the residential district 2018.2.3. Class *C special permit required where lots are not in residential districta A Class C special permit shall be required where such adjoining or abutting lots are not • in residential districts, but are in any district id which the principal use or uses served are permitted, or in less restricted districts. Except as required for and restricW to kmersmy or "Met vehicle4 vehicular acsaes t4 such facilities shall 212 -) 4 �64 ko 12022 MIAMI, FLORMA Where such special permits are required, no use shall be made of the offstreet loading facility or of the principal use to which such facility is accessory except in accordance with the terms thereof. 2022.5. Redaction in offstreet truck and trailer loading requirements where rail, marinA or air freight services are directly available; by special exception. Where rail, marine, or air freight services are directly available at the site of a use, or are so located that trucking on public streets is not required in moving materials to or from the site, requirements for offstreet truck and trailer loading spaces may be reduced correspond• ingly by special exception, but in no case shall the reduction be more than one-half M of full requirements. Any such special exception granted shall specify that in the event of change in manner of operation or cessation of alternative freight service, required spaces shall be provided or that the use shell cease or be diminished to the extent required to reduce offstreet loading requirements to equal availability of such spaces. 2022.E Deferral of portions of total required offstreet G-)ading improvements; by special excep tion for initial periods, eontro► of extension. By special exception, the zoning board may allow deferral of construction, surfacing. drainage, marking, and other improvements incidental to preparation for actual use of por- tions of requited offstreet loading spaces, upon findings that such portions are not ressonably likely to be used because of the type of occupancy of the premises, joint use of facilities by uses with differing peaks of loading demand. or for other reasons assuring that deferral of such improvements will not result in shortages of offstreet loading space on the premises, or lead to use of public streets for !oading and unloading. Provisions concerning deferral periods, notice of revocation. and extensions shall be as set out in relation to offstreat parking in section 2017.8. 20217. Maintenance and use of areas on which ofjfstreet loading improvements are deferred Areas on the Iot on which offstreet loading improvements are deferred by special excep• tion may be improved and maintained as pedestrian open space or as offstreet parking space. No such area shall be included as meeting part of any requirements concerning amount of pedestrian open space or parking space to be provided on the lot, since deferral of improve. ments is not intended as a waiver of offstreet loading requirements. 2022.& Joint loading facilities for contiguous uses, Class C special permit required Where there are multiple uses or buildings on one (1) tract, or where uses on adjoining lots propose to combine offstreet loading facilities for trucks and trailers, including accessways, such joint offstreet loading facilities shall require a Clans C special permit. Except where number of offstreet loading spaces has been reduced. or improvement requirements deferred under the terms of sections 2022.5 or 2022.6, the total number of offstseet spaces provided and improved ss required a7 than rsgulatioas shall not be lose than the sum of those required by • the inditidwd um& ` 60 ZONING 12016 energy collectors, or similar equipment required to operate and maintain the building, (pro- vided that such structures shall not cover more than twenty (20) percent of roof area), nor to church spires, steeples, belfries, monuments, water towers, flagpoles, vents, or similar struc- tares, which may be erected above the height limit; nor to fire or parapet walls, provided however that such walls shall not extend more than five (5) feet above the roof. 2015.2. Aviation hazards No building or other structure (regardless of exclusions set forth at section 2015.1, above) shall be located in a manner or built to a height which constitutes a hazard to aviation or creates hazards to persons or property by reason of unusual exposure to aviation hazards. In any area within the city, in addition to height limitations established by this ordinance, limitations established by the Miami International Airport Zoning, Metropolitan Dade Coun- ty, Florida, or by any ordinance amending or replacing such ordinance, shall apply to heights of buildings, structures, or natural vegetation. In addition, when the zoning administrator shall rind, in relation to a particular applica- tion, that there is reasonable doubt concerning aviation hazards with regard to a proposed use or structure, a Class B special permit shall be required, with clearance from appropriate authorities. 20Z5.3. Broadcasting towers. Broadcasting towers and other antenna support structures shall not exceed one hundred fifty (150) feet in height above grade except in central business district classifications and in those districts where they are specifically permitted or permissible by special permit at greater heights. (Ord. No. 9722, 11, 10.27.83; Ord. No. 9817, 11, 3.19-84) Sec. 201& Height control envelopes. In certain districts. and in transitional areas of others. a system of height regulation by enveloping planes is established, as described below. In such cases, formulas in the official schedule f district regulations prescribe maximum height at outer edges of buildable areas, inclination of light planes leaning inward over such areas. and in some instances maximum height over the center of the lot. Except as provided at section 2015.1, "Excluded portions of structures;' or as may otherwise be specifically provided in particular districts or in relation to particular classes of cases, no portion of any structure shall extend through any portion of such height envelopes. Such height envelopes shall be constructed sa indicated below. 20161. Base plans (Plane D 201 & 1. L (;enerally. To provide a plan from which heights over the buildable area shall be measured, establish the base place (Plane D. Where the ground surface is regulas and horixonts4 it shaU be considered the base place. Whem the ground surfam is • • irrgSWu or &loping, l Usse plane &ball be coaWncted paraUel to its general surface Ob WW 0" 0S December 4, 1985 Mr. Ronald L. Fine Venture Development Corporation 25 W. Flagler Street Miami, FL 33125 RE: POST OFFICE PLAZA 3195 GRAND AVENUE COCONUT GROVE Dear Mr..Fine: Peel 1 198 5 I was extremely disturbed by your memorandum of November 21, 1985 as supplemented by our meeting of November 25, 1985, because of the long-standing good relationship you have always had with this Department. Your memorandum addressed two issues: 1) the position of the Planning Department in reviewing and advising developers on their projects; and 2) the substance of the Planning Department recommendations on the above -reference project. The Planning Department's objective in working with developers is to assure that the city will benefit from a well -planned project and that developers can benefit from our experience in reviewing several hundred projects annually. I have always cautioned my staff to alert developers when the project may have problems with interpretations, variances, conditional uses and/or re -zoning. Obviously the staff cannot speak for the Director, who is responsible for the department decision. In questioning my staff, particularly Mr. Luft and Mr. Olmedillo, I find that they have never said or implied to you or your representatives that conformity with Planning Department reviews and guidance was a quid -pro -quo for a Planning Department recommendation for approval for variances and special exceptions. As to the substance of the Planning Department recommendations, while there are numerous excellent planning features of the project, on balance, we recommended denied of the requests, as follows: 1. The special exception request to locate project parking in the RS-2/2 district would seriously jeopardize the stability and tranquility of the residential district. ri PLANNING DEPARTMENT / 275 N M' end Street / Miami, Florida 3312e / 1305) ps.6w6 C-il02' " Melllne Addrnat - PO Ant 11n7r1A / kliami. Finrida 11211-07ne 1 o 00, W r\ N 2. The request to vary the number of truck loading bays from 8 to 4 is excessive, especially in view of the Post Office need for 3 dedicated spaces. 3. Variance from the light plane regulations is unnecessary, the upper level atrium can still be accomodated while observing the light planes. In summary, while I regret that you may feel that you were misled, I find that the conduct of my staff has been consistent with the Planning Department's obligation to be fair and impartial and to render our best professional judgement so that both the citizens of Miami and the development community are well -served. I trust that this experience will not deter you from considering further development ventures within the City of Miami. Sincerely, o Rodriguez rector SR/JWM/td bc: Walter Pierce, Assistant City Manager Jack Luft, Planning Department Guillermo Olmedillo, Planning Department Joseph Genuardi, Zoning Administration Building and Zoning Division Fire, Rescue and Inspection Services 10 $r ^1 e\ November 19, 1985 Ms. Laura Tindall -Howell 2481 Trapp Avenue Coconut Grove, F1 33133 Dear Ms. Tindall -Howell: Re: 3195 Grand Avenue Post Office Plaza SERCIO OERE R' c,. \'1-110. Ordinance 9500, Article 20, Section 2016 provides for exclusion of encroachments into the height envelope which result from demands due to specific requirements by staff in particular districts. Article 15, Section 1521 specifies the intent of the SPI-2 District as including innovative site planning, architectural design and creation of opportunities for combining residential and non-residential uses in a pattern minimizing potential adverse effects of such combinations. The Planning Department has requested that certain architectural features be added to the Post Office Plaza Development which penetrate the light plane adjacent to the RS-2/2. It is our determination tr.at the architectural features required by Planning do not violate the height envelope requirements and that no variance is needed for their penetration into the height envelope/light plane. JAG/lc cc: Jack Luft Juan Gonzalez Zoning Division ery trul yo rs, se A. Genuardi PE i Administrator M M FIRE, RESCUE 6 INSPECTION SERVICES IDEPARTMENT TECHNICAL SERVICES / 275 N.W. 2nd Street / P.O.Bos 330708 / Miami, FL 33233-0700 / 1305► 350.7957 kjrrimmi,vh ntr.nnr / nonury Chien• C D Fahvin. 0 H. Teems. F lordan V rr- /" �•,�4ii'i�'�ly"10A 3582 Grand Avenue, P.O. Box 75. Coconut Grove, fl 33133. (305) 446.30981e December 16, 1985 Chairman and Members of the Board City of Miami Zoning Board 275 N.W. 2nd Street Miami, Florida 33128 Dear Board Members, This is a letter of support on behalf of Venture Development Corpo- ration for an exception and two variances for the property known as the Coconut Grove Post Office at 3195 Grand Avenue. Coconut Grove Local Development Corporation is a community -based, non-profit Corporation for the economic development of the C.D. Coco- nut Grove target area. Under grants from the City of Miami and the State of Florida, we are contracted to promote the expansion of jobs and businesses for this community. The commercial artery of Grand Avenue is the focus of our efforts and this particular property is crucial to the growth of our business district. It is located at the actual borderline between what is per- cieved as the "black" section of Coconut Grove. The developer has requested that CGLDC work with his firm in the implementation of this project. He has committed to include minorities on his development and management team, and minority tenants in the commercial, office and residential portions of his projece. He has also consented to develop, in consultation with CGLDC, a crimel'prevention project effecting the immediate vicinity of his project. The CGLDC board has adopted a resolution in support of the project and the developer's requests for an exemption for parking and variances for off-street loading and light plane penetration, as long as the pro- ject is built substantially in the form presented to the community. One of the major factors of the CGLDC Board's decision to support this project is the ability of this project to enhance property values along grand avenue and stimulate development of adjacent parcels in the "black grove" whidh will otherwise remain undeveloped for the forseeable future. 0. A No"rofif Corporation for Economic Oeve(opmens / L" W_ u -2- Unless and until there is a viable mixed -use development bridge, then the black community will remain locked into the cycle of failing businesses and blighted buildings which now drastically affect this area. CGLDC has already initiated development at Grand Avenue and Douglas Road through the Tiki Club redevelopment by Grovites United to Survive (G.U.T.S), a black investor -owned, for profit development group. In order to stimulate development westward on Grand avenue and to protect the signi- ficant investments necessary for redevelopment, we urge that your Board approve these applications. Thank you for your attention to this important matter. .Sincerely, David J. exander Executive Director ��r N December 14, 1985 Mr. Joseph A. vaenuardi Chief, Code Enforcement Division 6 Inspection Services City of Miami 275 NW 2nd Street Miami, F1. 33128 Re: Letters of Dec. 6, 9 6 10, 1985, requesting interpretation Thank you for your prompt response to my recent requests for interpretations of the Miami Zoning Ordinance. As you are aware, the requests relate to the application of the ordinance to the plans for the "Post Office Plaza" on which the Zoning Board is scheduled to hear two variance requests and petition for a special exception parking facility in the residential district. I regret that your busy schedule has not permitted time to address my inquiries. As I am no expert on zoning law, I sought your interpretations as the City's official expert. I have very high regard for laws because they are written agreements between and among members of society which outline how we may act without harmin:, others. The Zonino Ordinances are the rules to which we all have acreed regarding the reasonable use of our property. With the knowledge acquired during a short period, without the guidance I have requested from you, I am forced to conclude that very serious ommissions have been made in applying the law when you reviewed the plans for "Post Office Plaza. " As I understand the law, the planned structure is larger than permitted (no variance is permitted for F .A . R . , Section 3101.1.) , it intrudes + nto required yards and light planes, exceeds maximumlot coverage in the residential district and dumps its vehicular traffic on a residential street. Zoning laws permit reasonable use of our property. Requirements and limitations of use are for the general welfare of the public. All of us are a part of that public. I wait for the interpretations that I requested. Sincerely, ;hn T. Green 3158 Florida Avenue Coconut urove Miami, F1. 33133 cc: Walter Pierce Miriam Iviaer Chief Teems Aurelio Perez-Lugones Sergio Rodriquez Juan Gonzalez Mayor Zavier Suarez Zoning Board Members i1Z 0 -49 Mr. Joseph A. uenuardi Chief, Code Enforcement Division & Inspection Services City of Miami 275 NW 2nd Street Miami, F1. 33128 December 14, 1985 �.I�, AII'18943'. Re: Letters of Dec. 6, 9 S 10, 1985, requestine interpretation Thank you for your prompt response to my recent requests for interpretations of the Miami Zoning Ordinance. As you are aware, the requests relate to- the application of the ordinance to the plans for the "Post Office Plaza" on which the Zoning Board is scheduled to hear two variance requests and petition for a special exception parking facility in the residential district. I regret that your busy schedule has not permitted time to address my inquiries. As I am no expert on zoning law, I sought your interpretations as the City's official expert. I have very high regard for laws because they are written agreements between and among members of society which outline how we may act without harming others. The Zoning Ordinances are the rules to which we all have agreed regarding the reasonable use of our property. With the knowledge acquired during a short period, without the guidance I have requested from you, I am forced to conclude that very serious ommissions have been made in applying the law when you reviewed the plans for "Post Office Plaza. " As I understand the law, the planned structure is larger than permitted (no variance is permitted for F.A.R., Section 3101.1.), it intrudes into required yards and light planes, exceeds maximum lot coverage in the residential district and dumps its vehicular traffic on a residential street. Zoning laws permit reasonable use of our property. Requirements and limitations Of use are for the general welfare of the public. All of us are a part of that public. I wait for the interpretations that I requested. Sincerely, ;ohn T. Green 3158 Florida Avenue Coconut grove Miami, Fl. 33133 cc: Walter Pierce Miriam Maer Chief Teems Aurelio Perez-Luvones Sergio Rodriquez Juan Gonzalez Mayor Zavier Suarez Zonine Board Members 162► . 911, ') I s L- 0 ,n1p). aw(ffemm December 12, 1985 John T. Green 3158 Florida Avenue Coconut Grove Miami, F1 33133 Dear Mr. Green, SERGIO PEREIRA City Manager Re: Letters of December 6, 1985 and December 9, 1985 requesting interpretation This is to inform you that I have received your letters requesting my interpretations. Unfortunately due to my very busy schedule I am unable to give you a response on the date you requested, but be assured I will address it as soon as possible. In briefly scanning your letters it seems to me that in most of them what you are asking for is not an interpretation but an explanation of what the Zoning Ordinance says and a definition of terms. Interpretations are given when there is an ambiguity in a certain part of the Ordinance and/or question of application of a certain section to a particular situation. Therefore, it is important that I review your request carefully before I respond. WOS Genuardi .E., dministrator JAG/lc cc: Walter Pierce Miriam Maer Chief Teems Aurelio Perez-Lugones Juan Gonzalez Zoning Division file FIRE, RESCUE & INSPECTION SERVICES DEPARTMENT ' b TECHNICAL SERVICES / 275 N.W. 2nd Street / P.O.Box 330708 / Miami, FL 33233-0708 / t 30S 3 I Chief K.E. McCullough, Director / Deputy Chiefs: C.D. Fabyan, D.H. Teems, F. Jordan L( 0 0 DecEm.._r i s , 1965 Mr. Joseph A. uenuardi Chief, Code Enforcement Division b Inspection Services City of Miami 275 NW 2nd Street Miami, F1. 33128 Dear Mr. venuardi: Subsection 1526.2.2. Allowable Increase in Floor Area for Buildings Providing Certain Supporting Uses: Limitations. of the City of Miami Zoning Ordinance, 1. Underground and/or Enclosed Parking: states: "For each 10 percent of required onsite parking provided in an underground parking structure (the roof of the underground structure shall not exceed 3.5 feet above adjacent public sidewalks) or in an enclosed above grade parking structure (with automobiles screened from view) the floor area shall be increased .015 times the gross lot area. " The plans on file in the Planning and Zoning Boards Administration Department, file # 85-109 , with regard to two (2) variance petitions indicate that the floor area ratio has been increased the maximum allowable when only 99 (37%) of 269 required parking spaces are provided onsite. I would like your interpretation with regard to what qualifies as Onsite parking. I will appreciate your reply by Friday, December 13, 1985, and would like to pick it up in person. Please let me know when it is ready. You can reach me at 443-0359. Sincerely, l'John T. Green 3158 Florida Avenue Coconut grove Miami, F1. 33133 rS i qiq i)ecetnbet Mr. Joseph A. %.;enuardi • Chief, Code Enforcement Division b Inspection Services - City of Miami 275 NW 2nd Street t Miami, F1. 33128 Dear Mr. Uenuardi: 1, Subsection 1526.2.2. Allowable Increase in Floor Area for Buildings Providina l Certain Su000rtinc Uses: Limitations. of the City of Miami Zonim Ordinance, 4. Split Level Uses at General Level : states: "For each ten (10) lineal feet of wound level uses permissable under Section 1523.1, where by reason of a verticle split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk, the floor area ratio shall be ir:z;:;;;:sed by .025 times the gross lot area not t.-N exceed a total of .30. " I woulri lik= to know your interpretation, in vertical di • • . • above and below ground =:� ', what constitutes "directly accessible a.. ' "'� from the adjacent s ' public sidw:alk?" } 1 I will appieQiate your reply by Friday, D-cembet 1985. end would like to l pit;=• i,p in person. Please let me know rvhp �a�y '��:�� can reach me at'** . ' •0359 . i Sincerely, pohn T . Green 3158 Florida Avenue Coconut vrove ' Miami, Fl. 33133 - g b 1 z I� I ah December 9, 198-5 Mr. Joseph A. uenuardi Chief, Code Enforcement Division b Inspection Services City of Miami 275 NVA' 2nd Street Miami, F1. 3312E Dear Mr. uenuardi: Subsection 1526.2.2. Allowable Increase in Floor Area for Buildings Providinc Certain U. ses; Limitations. , of the City of Miami Zoninq Ordinance, 3. Theaters; states: "For each one cross sq . ft. that a building provides for a theater for the performinc arts or for a community theater the floor area shall be increased by four sq. ft. A community theater is defined as an enclosed space suitable for a vanety of cultural arts performances, permanently available, and manaced and promoted on a non profit basis; principal use of the space shall be for public performing arts presentations, although incidental use for private meetings, exhibits and presentations shall be permitted. " I would like your interpretation of the above in general and specifically with regard to: May a for profit motion picture theater have a lease on the theater space designated in the above subsection, and if so, for what period i of time ? What is the definition of "incidental use" as measured in hours per month or year and as a percent of "principal use?" Would performances of questionable moral character, whether presented for profit or not for profit, be permitted to qualify for the allowable increase in floor area? I will appreciate your reply by Friday, December 13, 1985, and would like to pick it up in person. Please let me know when it is ready. You can reach me at 443-0359. Sincerely, 'John T. Green 3158 Florida Avenue Coconut grove Miami, F1. 33133 ��7 D c,_ - - • - To: Mr. Joseph A. Genuardi Chief, Code Enforcement Division b Inspection Services City of Miami 275 NW 2nd Street Miami, Fl. 33128 From,: John T. vreen 315E Florida Avenue Coconut grove Miami, Fl. 33133 Sub)ect: Request for Official Interpretation by the Zonins Administrator regarding a parking structure on lots in the RS-2 district, specifically that property located at 3174-90-92 and Approximately 3198 Florida Avenue [Charles H. Frow Sub. (13-53) P.R.D.C., Block 2, Lots 9 through 12 inclusive less portions for right-of-way] , which adjoins directly lots in the SPI-2: Coconut Grove Central Commercial District. Considerations for the Zoning Administrator Based on the Petition for a Special Exception (file #85-109), and information and plans on file in the Planning and Zoning Boards Administration Department with regard thereto, "as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2.1. to permit a proposed parking structure... as per plans on file," please consider the following: SECTION 2018. OFFSITE PARKING. Subsection 2018.2.1. (c) provides; "Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any remaining edges of the lot not adjacent to street... " SECTION 2019. LIMITATIONS ON PARKING UARAVES AS PRINCIPAL USE. Except as otherwise provided in specific regulations for individual districts, where the principal use of a building is a parking garage, the floor area of the building shall not exceed the floor area limitations established for nonresidential uses within the district. The Schedule of District Regulations for RS districts (page 1 of 6), Minimum Open Space Requirements provides: MINIMUM YARDS (for other than residential uses): Front, interior side and rear is twenty (20) feet. I1� Cl De^e ,er 9, 1985 Mr. Joseph A. venuardi Page 2 T%1AXIIV, U1\' LOT COVERAGE. Maximum net lot coverage by all buildings shall not exceed net lot area multiplied by .43. VINIMUM LIVABILITY SPACE. Minimum livability space (or pedestrian open space for non-residential uses) provided on the lot shall be at around level and shall not be less than net lot area multiplied by .36. The Schedule of District Regulations for RS districts (page 1 of 6), Maximum Heic ht provides: Plane I1: 12 feet Licht Planes, side and rear: RS-2: 60 degrees Plane 1II: 25 feet for flat roofs.. . Based on the Sections of the Zoning Ordinance cited above, the parking structure proposed to be located in the RS-2 district exceeds limitations on height and maximum lot coverage and does not meet the minimum requirements as to yards and livability space. Being no expert in the zoning law, I may have missed some Section(s) pertinent to parking structures in this situation. I have the following concerns: While the top floor (roof?) of the structure is 25 feet above grade, what permits a permanent wall at the perimeter to be approximately 8 feet above the floor (roof ?), and what permits a lattice and awning type covering to exceed Plane III ? What permits the lot coverage of a parking structure to exceed the maximum lot coverage allowed any other structure in the RS-2 district? What permits a parking structure to be placed within the 20 foot yards required of any structure other than a residence in the RS-2 district? What permits an Offsite parking structure located in the RS-2 district which directly adjoins the SPI-2 district to directly adjoin, for it entire height and width, the building located within the SPI-2 district? How can pedestrian open space required in the RS-2 district (as planned: 9,924.1 sq. ft. required, 4,483 sq. ft. provided) not be provided? I would like to know yo:ir interpretation of the City of Miami Zoning Ordinance as regards the requirements and limitations on a parking structure located in the RS-2 district which adjoins directly the SPI-2 district. ow R 1985 Mr. joseph A. Genuardi Paae 3 I will appreciate your reply by Friday, December 13, 1985, and would like to pick it up in person. Please let me know when it is ready. You can reach me at443-0359. Sincerely, /John�T. Green 0 1k C December 6, �,85 To: Mr. Joseph A. uenuardi Chief, Code Enforcement Division 6 Inspection Services City of Miami 275 NW 2nd Street Miami, F1. 33128 From: John T. careen 3158 Florida Avenue Coconut grove Miami, F1. 33133 Subject: Request for Official Interpretation by the Zoning Administrator regarding yard and height envelope requirements applicable to lots in SPI-2: Coconut Grove Central Commercial District, specifically that property located at 3195 karand Avenue (Charles H. Frow Sub. (13-53) P.R.D.C., Block 2, Lots 9 through 20 inclusive less portions for right-of-wayj , which adjoins directly lots in the RS-2 District. Considerations for the Zo_ nina Administrator Based on the Petition for Variance #85-109, and information and plans on file in the Planning and Zoning Boards Administration Department with regard thereto, requesting relief from the provisions of Section 1525 of the City of Miami Zoning Ordinance as follows: "Penetration of Building into required light plane," please consider the following: SECTION 1525. TRANSITIONAL REQUIREMENTS AND LIMITATIONS Transitional requirements and limitations shall be as for CR districts, items 1... The Schedule of District Regulations for CR districts (page 4 of 6) , Transitional Requirements and Limitations, Item 1: "Where lots in these districts directly adjoin lots in RS-1, RS-2... districts at the side or rear: a. Yard and height envelope requirements along such lot lines shall be as for adjoining RS... lots except the light plane shall be 63 degrees.. . SECTION 3602. TRANSITIONAL REGULATIONS Transitional regulations are controls established at or adjoining district boundaries to mitigate potential frictions between uses or characteristics of use. Such regulations, applying generally to buildings and uses within the area described as transitional and thus in effect creating sub -districts, may have the effect of altering primary district regulations by increasing or decreasing requirements or limitations on uses, yards, height, off-street parking, lighting, signs, buffering or screening, or other matters. Q-1 December 6, .985 Mr. Joseph A. Genuardi Page 2 Lots on Florida Avenue (RS-2) and Grand Avenue (SPI-2) are - adjoining and are subject to transitional regulations. The Schedule of District Regulations for RS districts (page 1 of 6) , Minimum Open Space Requirements, for uses other than residential the minimum yard, interior side or rear, is twenty (20) feet. SECTION 3701. PROVISIONS OF ZONING ORDINANCE DECLARED TO BE MINIMUM OR MAXIMUM REQUIREMENTS, In their interpretation and application, the provisions of -this Zoning Ordinance shall be held to be minimum requirements or maximum limitations, as the case may be, adopted for the promotion of the public health, safety, morals or general welfare. Lots on Grand Avenue which adjoin lots on Florida Avenue must have a twenty (20) foot yard adjacent to the shared lot line. Why hasn't the Zoning Department required that a variance be obtained when the plans on file clearly indicate that the building is less than twenty (20) feet from the lot line shared with the RS-2 property and that the origin of the light plane angle is not twenty (20) feet from the same lot line? Please reply with your Official Interpretation by Tuesday, December 10, 1985. 9ohn T. Green (2_ L_ w• ek 0 8 motes ►osi,� N s FIELD REAL ESTATE 6 BUILDINGS OFFICE Post Of+,ce Box 22725 Tampa, F L. 33622 2725 October 10, 1985 Mr• Ronald L. Fine, President Commodore Plaza Square, Inc. P 0 Box 110110 Miami, FL 33111-0110 Dear Mr. Fine: Subject: Miami, FL - Coconut Grove Station This letter is in furtherment of our continued discussions and our letter dated September 3, 1985. The following is in supplement to that letter. 1. 2. Item 4 of that letter is amended to include the following sentence with no deletion to the original statement: "There would also be an additional loading dock to accommodate a vehicle shorter than a semi -trailer." 3., 4. 5• 6. 0 Miami, FL Cucuaut GYuve SCeitiuL! 7. Sincerely, JJ otge JRodriguez, General` Manager Fi d'Real Estate & Buildings Office S:JRG :R.MDeHainaut: mp -L- October 10, 1985 1 1 FIELD REAL ESTATE & BUILDINGS OFFICE Post Office Box 22725 Tampa, FL 33622 2725 September 3, 1985 Mr. Ronald L. Fine, President Commodore Plaza Square, Inc. P 0 Box 110110 Miami, FL 33111-0110 Dear Mr. Fine: Subject: Miami, FL -Coconut Grove Station Proposed Redevelopment This letter is in confiration of the recent and continuing discussion between our office and Mr. Jack ':oore of Commodore Plaza Square, Inc. (formerly known as Venture Twenty -One, Inc.) regarding your proposed plans to redevelop the present Coconut ;rove postal station site. In summary, the Postal Service agrees in concept with the proposals to date and we are currently awaiting the plans and specifications that are being prepared by Kober/Belluschi & Associates, Inc., Architects and Planners. Subject to the review and approval of these plans, etc., and the phased construction schedule, the Postal Service would be agreeable to entering into a lease that is in substantial conformance with the following provisions: 1. 2. 3. L 0 Miami, FL Coconut Grove Station -2- September 3, 1985 4. There would also be a loading dock to accommodate tva (2) seai-trailers at grade level. 5. 6. 7. r Miami, FL Coconut Grove Station L5. 16. 17. III* t ez G erManager d e Estate b Buildings Office SW4:UDWWu&ut:sp - -3- September 3, 1983 W SUMMARY MINUTES FOR ITEMS 2 AND 3 OF THE ZONING BOARD MEETING OF DECEMBER 16, 1985 2. 3195 Grand Avenue Lots 9 through 20 inclusive less portions for right-of-way Block 2 CHARLES H. FROW SUB. (13-53) P.R.D.C. Variance from Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Schedule of District Regulations, page 4 of 6, CR Commercial -Residential (General) , Transitional Uses, Structures and Requirements and Article 20, Section 2023, Subsection 2023.4 to permit construction of a proposed commercial/residential structure (Post Office Plaza) on above site, as per plans on file, with a + 9.0' maximum light plane penetration at + 50.01' height above grade along the SPI-2/RS-2 district boundary line and providing 4 of 8 required off-street loading spaces; Lots 13 through 20 are zoned SPI-2 Coconut Grove Central Commercial District and Lots 9 through 12 are zoned RS- 2/2 One -Family Detached Residential. This Variance petition is in conjunction with a Special Exception application for a parking structure. NOTE: This item was deferred prior to the Zoning Board meeting of September 9, 1985 at the applicant's request, continued from the Zoning Board meeting of November 18, 1985, and deferred from the Zoning Board meeting of November 25, 1985 due to a short board. This is a companion item to item #3. 3. 3174-90-92 and Approximately 3198 Florida Avenue Lots 9 through 12 inclusive less portions for right-of-way Block 2 CHARLES H. FROW SUB. (13-53) P.R.D.C. Special Exception as listed in Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, Article 20, Section 2018, Subsection 2018.2.1 to permit a proposed parking structure in conjunction with a proposed commercial/residential structure (Post Office Plaza), said parking structure to be located on above site, as per plans on file; zoned RS-2/2 One -Family Detached Residential. This Special Exception petition is in conjunction with a Variance application for light plane penetration and off-street loading spaces. NOTE: This item was deferred prior to the Zoning Board meeting of September 9, 1985 at the applicant's request, continued from the Zoning Board meeting of November 18, 1985, and deferred from the Zoning Board meeting of November 25, 1985 due to a short board. This is a companion item to item #2. PROPONENTS present at meeting: 17 OPPONENTS present at meeting : 36 The Executive Secretary administered oath to all persons wishing to testify on this item and filed proof of publication of legal notice. December 16, Zoning Board 1985 gt�rr?�� & ZS ow Mr. ion Channing, a board member, stated for the record that his corporation does have interest with another corporation which owns land in Broward County. One of the applicants for the item before the Board does own stock in the corporation but he, himself, has no financial interest nor any other involvements with the applicant. Furthermore, he stated that this relationship would not affect his independent judgement on the items. Ms. Miriam Maer, the board attorney, advised, based on what Mr. Channing stated, that there would be no conflict of interest and Mr. Channing could vote on the item. Mr. Guillermo Olmedillo of the Planning Department first described a brief scenario of the area by stating that the north four lots of the project are zoned RS-2/2, single family, and the remaining lots are zoned SPI-2, mixed use. A park is located northeast of the property and an elementary school east of the property. In reference to the requests, the Planning Department feels the reduction in the number of loading stalls by 50 percent, that is, from 8 loading stalls to 4 is significant. One reason for this is that the post office is proposed to be located in this project and they would require 2 loading stalls for their exclusive use leaving only 2 stalls for the rest of the project to share. The intrusion of the light plane is unnecessary, it is only because the architect wanted to create a better design by introducing an atrium. And the last request for a parking structure on the residential lots in the rear would create a hardship for the neighbors who live on Florida Avenue. Mr. George Campbell of the Public Works Department stated that if the Board should decide to grant the items, the Public Works Department is requesting the dedication of the westerly 12.5' of Lots 12 and 13, the northerly 5' of Lots 9-12, a 25' radius at the southeasterly corner of McDonald and Florida Avenue and a 25' radius at the corner of McDonald and Grand Avenue. Furthermore, Mr. Campbell pointed out that the plans indicate the driveway to be located 10' away from the base building line but the code requires that the driveway be located a minimum of 13' from the base building line. In regards to the reduction in the number of loading stalls, the Public Works Department agrees with the feelings of the Planning Department. Since the post office is requiring at least two loading stalls for their exclusive use, most likely the delivery trucks for the rest of the building would stop along Grand Avenue rather than going around and trying to get into a loading stall. The sidewalk area along 32 Avenue and Grand Avenue must be done according to Public Work's standards. In addition, the plans indicate the drop-off area of the sidewalk to be 2 feet into the public right-of-way which is 3' shy of the required minimum standard which is 5' along the public right-of-way. Last point Mr. Campbell made was that the Code requires a 35' distance from the center line of 32 Avenue to the base building line; however, the plans indicate a distance of only 32'3", thereby reducing the setback from 5' to approximately 2'3". If this was to happen the end result would be the structures would encroach into the public right-of-way which is not permitted according to code. Mr. Ronald Fine, one of the applicants and attorney for the project, began by saying the project, known as Post Office Plaza, is proposed to be located at 3195 Grand Avenue. He has submitted packets to the Board members which included a letter dated December 8, 1983 from Sergio Rodriguez, Director of the Planning Department, and Mr. Fine stated that this letter supports and encourages this project and its design including the location of the parking on Florida Avenue. 2 December lo, 1985, Items 2 & 3 Zoning Board 13f;-1di2�, I ow 0 % In reference to the comments made by Mr. George Campbell, the project was designed in accordance with the Code requirements except for the items which are before the Board. In fact, the Public Works Department reviewed and signed -off on the plans along with the Planning Department and Zoning Division. In regards to the loading stalls, Grand Avenue has been used in the past for ingress and egress of delivery trucks along with being used for parking. This project as designed does not use 18,000 ft. of the FAR permitted and is also providing 40 more parking spaces than what is required. The building is composed of one level of underground parking, two levels of retail, one level of office and two levels of residential and/or hotel use. An atrium has been designed in the middle of the building permitting natural light to the office floor and also allowing for landscaping. In addition, a landscape plan has been filed along with the application. The roof top has been designed for public use such as for dining. Two attributes of this building include the relocation and expansion of the post office and the expansion of the theatre from 1 screen to 3 screens. The main entrance to the post office will be located on McDonald. There will also be 24 hour security on Grand and McDonald. The walls proposed to be located along Florida Avenue are solid in order to avoid penetration of light and sound. Furthermore, these walls are well landscaped. The top two floors of the building are recessed with balconies. The parking garage has an entrance to the building on the second floor which is retail. The building also has a clock tower and a plaza dining area. The sidewalk on Grand Avenue is 20' wide including the 5' setback which allows for walking and seating space. As stated before, the next floor, the office area, has a skylight. The two residential floors each have 41 units and there is a jacuzzi and pool on the top of the building for the use of the residents. This project meets the intent of mixed use, that is, a mix of residential and commercial. There is currently "an absence of the kinds of things the people within the community need itself that one has to travel to other shopping areas and other shopping malls, and so because this project is totally street oriented, we hope to bring that to the Grove so that we can complete the shopping experience for the Grove itself." The variance being requested for the light plane is the result of an architectural request from the Planning Department because they did not want to see a flat wall along Florida Avenue. In regards to the loading stalls, traffic and parking engineers have made studies and determined that the amount of stalls being requested is sufficient for a mixed use of this nature. The reason is that a large number of the commercial uses will have deliveries which will arrive in vans, station wagons and small trucks which will be able to park in the below level parking area and not on the street. Furthermore, the leases will provide scheduling times for the people in the building in order to avoid having everyone having deliveries at the same time. Mr. Fine continued by saying that the traffic study he had prepared indicates that there will be a very minimal impact on the surrounding area with almost no impact at all on Florida Avenue. This traffic study estimates that there will be, at most, only an addition of four or five cars during peak hours on Florida Avenue due to this project. In closing, he stated the traffic engineers and the architects were present and he or they would be happy to answer any questions. Mr. Jim McMaster, an opponent, stated he would like Mr. Fine to produce a letter of agreement with the Post Office which specifies the number of loading bays the Post Office will receive and the square footage of those bays. Mr. McMaster feels the residents of the Grove along with the Board should be entitled to this information since it could affect the decision of the Board. 3 December 16, Zoning Board 1985 fStNow te1ttt& 3 j C3 I 0 If Mr. Fine will not produce the letter, Mr. McMaster asked if Mr. Fine would state under oath in the record that the Post Office does not have sole, exclusive, 24-hour use of two bays and the use of a third when necessary. Mr. Fine had appeared before the Coconut Grove Civic Club the Wednesday before this meeting and the board of the Club voted against the reduction of the number of loading bays and the special exception parking structure. One member, however, did feel the light plane penetration was acceptable. This Special Exception could set a precedent for other parking structures along Florida Avenue. Furthermore, contrary to what Mr. Fine said, Mr. McMaster feels if the wall is built on Florida and landscaped with deep foliage, it could be a haven for crime. Mr. McMaster stated that he has been assured by Mr. Woodrow Connor, Postmaster for the area, one of his assistants, and by Mr. Jorge Rodriguez, Manager of Real Estate for the post office in Tampa, that the post office will have exclusive, 24- hour use of two loading bays with the use of a third when necessary. Seeing that the post office will be receiving two bays exclusively for their use, rather than having a reduction from 8 loading bays to 4 loading bays there will be a reduction from 6 bays to 2 bays which is a 66 percent reduction of loading bays. The main structure of this project is 150,000 sq. ft. which does not include most of the post office and the parking structure. Furthermore, Mr. McMaster said he has been told by members of the post office that the agreement includes the right to freeze traffic at the intersection of Grand Avenue and McDonald Street so that the post office trucks can back into the loading bays. In conclusion, Mr. McMaster asked again that Mr. Fine make the letter of agreement with the post office available to the public. In addition, Mr. McMaster has asked Mr. Fine to submit a voluntary covenant stating that the top two floors, proposed to be residential, will always remain residential because the zoning ordinance does not require any percentage of a mixed use project to be residential. Mr. John Green, an opponent, stated he believes the items before the Board should not be heard or if heard, denied. According to Mr. Green, the light plane encroachment is not 9 ft. as claimed by the applicant but is at least 22 ft. As per Section 1525 of Zoning Ordinance 9500, and the Schedule of District Regulations the yard and height envelope requirements in the SPI-2 district "shall be as for the adjoining RS district and the light plane shall be 63 degrees. Yard requirements in the residential district for uses other than residential are 20' for the front, side and rear". Furthermore, this building exceeds the height limits. The proposed building is 50 ft. from the ground at the east end and 54 ft. at the west end. The laundry facility located on the roof is 8 ft. above the height permitted. Such structures are permitted only for equipment necessary to operate and maintain the building such as air conditioning equipment and elevator equipment. This building, according to Mr. Green, is 11,000 sq. ft. larger than what is allowed under the Zoning Ordinance. The FAR bonuses for the building have been computed improperly. In addition, only 99 or 30 percent of the required offstreet parking has been provided, not 100 percent as stated by Mr. Fine. The bonus allowed for "split level" uses should not be permitted in this project because the plans do not meet the intent of the Zoning Ordinance. Mr. Green has requested from Mr. Joseph Genuardi a zoning interpretation on the matter and he feels once the interpretation has been made that this bonus will not be permitted. The parking structure has many problems. The structure intrudes into the 20 ft. yard requirements, it exceeds maximum lot coverage permitted, it does not provide the minimum livability space, it intrudes into both the height and light plane envelopes and lastly, the parapet on the roof is 8 ft. above the maximum height, only 5 ft. is permitted. Mr. Green feels more variances are needed in this application. 4 December 16, 1985 Items.2 & 3 Zoning Board �E,""�p� 0 The applicant claims hardship because his land is transitional property and he is not able to enjoy the same privileges as permitted in the rest of the SPI-2 zoning district. If the applicant wanted full benefit of the SPI-2 zoning then Mr. Green feels he should have bought property in the village center. Granting this application will set a precedent for other property owners who own transitional property. This property can be developed under the SPI-2 zoning. The Special Exception is not in harmony with the SPI-2 zoning and Mr. Green feels allowing a parking structure on the residential lot will destroy the residential neighborhoods both to the north and west of the building. Due to a reminder from Ms. JoAnn H olshauser, Mr. Gort apologized for going straight to the opposition and not letting the proponents speak, and then asked if anyone in favor would like to speak. Mr. Vincent Pastori, a proponent, informed the Board that he has reviewed the plans extensively and feels this is one of the better designed buildings in the Grove. He feels the relocation and expansion of the post office along with the expansion of the theatre are both positive aspects. The additional parking being provided is also very positive. The 18,000 sq. ft. of building which is not being used is a plus because then it is that much less density in the area. Contrary to what a large number of residents in the Grove believe, there are very few retail establishments vacant. This project will be able to provide retail uses that are currently not offered in the Grove which will help benefit the residents in the Grove.. In conclusion, Mr. Pastori believes this project is an asset to the Grove and feels the three minor variations should be approved. Mr. Mike Kinerk, a proponent, reminded the Board that this is not a quiet, residential neighborhood but this neighborhood is in fact quite noisy and traffic ridden. Mr. Kinerk feels this project will help alleviate some of the traffic problems rather than add to it. Overall, this project is, in Mr. Kinerk's opinion, a very desirable project and hopes the board will approve it. Mr. David Alexander, a proponent and Executive Director of the Coconut Grove Local Development Corporation feels this property and the property located just west of it are two key properties that will help determine the development for the rest of west Grove, also known as black Grove. Due to the slum and blight removal, the west Grove has lost approximately 40 percent of its residents. It is his job to attract new business for west Grove and he feels this project will be an asset to the area. If Mr. Fine is not allowed to build this project, it is possible that a less desirable project may be built. Hopefully, this project will encourage adjacent property owners to improve their sites. It is the understanding of the board of the Coconut Grove Local Development Corporation that this project will not increase the traffic on Florida Avenue. Instead the ingress and egress to the project will be located on McDonald Street. This project is very important because it opens up to the black Grove. Three requests he made to the developer are 1) that he hire minorities for his development staff and management staff; 2) he set aside space for minority vendors; and 3) he pay special attention to the possibility of crime because crime affects the way people feel and keeps them from shopping in the black Grove. Mr. Alexander stated that he has acted as a kind of consultant to the developer and will implement the things the developer has signed his name to. 5 December 16, Zoning Board 1985 JW"D & 3 j Z. 0 Mr. Stephen Parr, a proponent, thinks the building is a very attractive building. This project will be serving not only as a gateway to the Grove seeing that people do come to the Grove from 32 Avenue, it will also be a gateway between the black and white portions of the Grove. Having an attractive building at this cornerstone is very important and he supports the project. Mr. Jose Gonzalez, a proponent, feels this project will offer the opportunity of extending the Grove as a whole and not just benefit the white or black section. This project will enhance that section of Grand Avenue and will be a benefit to the entire Grove. Ms. Rita Sander who owns property next door to the project on Florida Avenue stated she at first was very opposed to this project being built. Currently she rents out the property she owns and uses that money to pay her mortgage, however, if this building is built, she feels no one will want to live there because they would be looking directly into a four story parking garage and a five story building. Ms. Sander then raised this issue of a financial hardship to Mr. Fine and according to Ms. Sander, Mr. Fine agreed to buy her property and use it as a buffer zone. This buffer would include things such as fountains and landscaping in order to protect the area. Ms. Sander continued by stating that Mr. Fine also agreed that this property would not be used for parking or any other part of his building but as a buffer only. Mr. Steven Cooke -Yarborough, an opponent, speaking on behalf of the Issues Research Committee of the Tigertail Association, asks that the Board deny the requested variances and special exception. The Zoning Ordinance sets out six conditions which are to be considered when granting a variance; Mr. Cooke - Yarborough feels that none of these six conditions have been met. The granting of the requests would only enrich the developer at the expense of the residents of Coconut Grove. The violation of the light plane would increase shadows on neighboring houses especially during the winter months. Such a violation is unfair and homeowners should not be deprived sunlight and air circulation. In regards to the reduction of the number of required loading bays, there are no unusual features to justify this request.. The last point is in regards to the multi -story parking garage. Mr. Cooke -Yarborough suggests that allowing a parking garage to intrude into the residential neighborhood constitutes a benefit to the developer and opens the door to further destruction of a stable residential neighborhood. Mr. Stahl, an opponent who owns property on Commodore Plaza and also a house in Coconut Grove, complained that his taxes have doubled in the past three years and is currently paying a total of $12,000 in taxes for both his house and his business. Mr. Stahl continued by saying Mr. Fine said that a traffic study had been done. Mr. Stahl, however, does not believe a traffic study can be conducted on a street until the problems are there. Furthermore, Mr. Stahl argued that there is an overabundance of office space in the Grove and can not understand how the City Commission approved a five -story building on Commodore Plaza with a parking facility which can not even handle the amount of parking needed for the tenants of the building. Currently, that building is 55 percent empty. In addition to that, when the Commission approved the project, they approved it with the idea that the top two floors would be residential but in less than two years, the top floor has been sold to a fashion designer for use as an office. t 6 December 16, 1985, Ite C. 3 ri Zoning Board SG" 1011 . j7133 40� i Though these points are not totally relevant to the items before the Board, Mr. Stahl claims he is just trying to make a point. Mr. Stahl just received that night a copy of a letter addressed to the Zoning Board from the gentleman he had purchased his property from just three years ago. The letter states "To the Zoning Board of Coconut Grove, Sirs: I protest to the fullest. You've done enough to finish the Grove. Enough is enough. Either put a building moratorium on the Grove or continue with bulldozers to clear the land. I owned property in the Grove for 15 years and have moved out." Mr. Stahl says if Mr. Fine wants to build on the commercial property, that's fine, but he should not be entitled _ to encroach into the residential neighborhood. There is no way Florida Avenue can handle two-lane traffic. Furthermore, the trucks will not be able to back into the truck bays because there is just too much traffic on McDonald Street. Mr. Jack Serig, Safety Director of the Dade County Public School System asks that the Board in their decision consider the safety of the children who attend Coconut Grove Elementary as this project will increase traffic in the area and make it more difficult for children to cross streets and get to school safely. If the Board should grant this request, Mr. Serig asks that the Public Works Department, traffic engineers and Dade County Traffic and Transportation work in making this area as safe as possible for the sake of the children. Mr. Bill Hart, an opponent, claims that there is no way this project will reduce traffic impact. The trucks will cause a large problem because during school hours, Matilda Street between Oak and Grand Avenue is closed causing the trucks to turn right on to Florida Avenue, go down to Matilda, make another right, then turn on Grand and keep circling until there is a vacant loading space. Mr. Hart then showed slides of the area and how nice it looks now and then showed slides of houses which would affected by this building. In conclusion, Mr. Hart suggested that a building moratorium be placed on Coconut Grove. Ms. Grady Dinkins, an opponent, complained that the parking structure entrance would be located right across from her bedroom window and she would end up with lights flashing inside her bedroom all night. She feels the noise will be unbearable and feels it is unfair that the developers should benefit at the expense of the neighbors. Ms. Esther Mae Armbrister, an opponent, informed the Board that for a long time, the neighbors have been fighting to keep Florida Avenue a residential street. Allowing this developer to build on the residential lot will set a precedent. This building will in no way enhance the black neighborhood as the blacks are on the wets side of McDonald and the whites are on the east. This project is only meant to enhance the white section. Furthermore, parking will be a problem because as it is now, people are too cheap to pay for parking and instead they park in people's yards and in the streets. Mr. Carl Prime, an opponent and president of the CAA Advisory Board, is speaking on behalf of many of the members of the CAA and many of them are against the project. Contrary to what Mr. Fine has stated, Mr. Prime feels this project will create a lot of traffic. This project will especially cause problems during the Christmas season when the post office has more trucks. This project will also create more noise pollution and from the cars, additional carbon monoxide in the air. In conclusion, Mr. Prime said he is also against the long shadows which will be cast due to the large building and asks that the Board deny the request. 7 December 16, 1985,§ k;22t 3 Zoning Board )3,l r t 1 Ms. Marilyn Reed, an owner of property on McDonald and Day Avenue, informed the Board that for the last seven years she has tried to get something done with McDonald in reference to a traffic signal. After talking with Dade County Traffic and Transportation, she found that there is a yearly average of 67 vehicular wrecks and 5 vehicular homicides on her corner alone and the statistics on Oak Avenue are just as high. These figures makes this area a high priority area for a traffic signal but we can't get one because it cost approximately $85,000. After being turned down for a traffic signal, Ms. Reed then asked for four- way stop signs with blinker lights. Four-way stop signs were finally put in but it took months. In addition to trying to get a traffic signal, Ms. Reed talked to Commissioner Plummer who in turn wrote Charles Baldwin requesting that signs be posted on McDonald saying "NO THR U TRUCKS, LOCAL TRAFFIC ONLY" but Mr. Baldwin wrote back saying the area did not qualify even though Ms. Reed had the figures of accidents saying otherwise. The people who live in the area can no longer stand living there. The noise is unbearable. Ms. Reed had talked with Mr. Fine and explained to him the items which she feels will help alleviate the problems on McDonald and he said he would do what he could but none of the items were addressed in his presentation. If the Board should approve this, she asks they include as conditions the items she has requested which will help alleviate some of the traffic problems on McDonald. In conclusion, Ms. Reed asks that the Board consider the items she has mentioned and suggested that a traffic study for the entire Grove be conducted. Mr. Billy Rolle, an opponent, did not want to reiterate what had already been said so he stated briefly that this project will not help the area of Grand west. If, however, Mr. Fine wants to help the black Grove, Mr. Rolle suggests that Mr. Fine talk to the citizens about building a project at Grand and Douglas where he feels the project is needed. Mr. Rolle feels this project is not needed at the proposed location and asks the Board to deny the request. Ms. JoAnne Holshauser, an opponent, feels that it's about time a decision is made as to whether or not this is going to be a commercial and residential area. The people of the Grove have been fighting project after project trying to keep the Village. Center and the citizens have had enough. It is unfair that the developers are being allowed to move into the residential neighborhoods. She personally likes some of the features of the project but can not see the parking garage being located in the residential neighborhood. Mr. Carl Boehm, an opponent, stated he is against the project and incorporates all testimony made by all others who have spoken in opposition. Mr. Lee Goldsmith, an opponent, added that most children who attend Coconut Grove Elementary do not come by bus or car but they walk. The children are already fighting traffic and if you make them fight even more traffic, they may get hurt or killed. During rebuttal, Mr. Fine stated that the issue is value and merit of the development. This property has been zoned commercial and has been used commercial for many, many years and the homeowners who live on Florida Avenue were aware of that when they bought their property. Furthermore, Mr. Fine stated that Florida Avenue is no longer a residential street. If the Board were to talk to homeowners on Florida Avenue, they would find that the use is primarily commercial, that is, it is used for renting, offices and business. This project did not create the problems of the Grove and it will not solve them but it will contribute to creating more jobs and tax revenue for the City. B December 16, 1985 Item & 3 Zoning Board ►E"-9 1 135 r W 40 Currently the post office does not serve the needs of the community because it does not have the proper facilities including enough parking. This project provide 40 more parking spaces that what is required by the zoning ordinance. In regards to loading bays, Mr. Fine read a portion of a letter of agreement with the post office and in summary he said that the post office will need loading docks to accommodate two semi -trailers at grade level. In addition, a loading dock to accommodate a vehicle shorter than a semi -trailer. There is no mention in the agreement that the post office will be allowed exclusive use of loading bays. Presently the post office has two semi -trailer deliveries a day both of which usually stay no longer than a half an hour. Mr. Fine believes he has made sure that all the necessary professional studies have been made to insure that there is abundant parking and adequate loading. Four loading stalls is sufficient even if the post office has exclusive use of two loading bays because the businesses which will be located in this project are not department stores or grocery stores and they don't have the need for large delivery trucks. Mr. Fine agreed that there are problems with traffic on McDonald Street, Grand and 27th Avenues and those problems need to be dealt with but the problem is that the governmental agencies do not have the funds to take care of the problems. Mr. Fine continued by informing the Board "that under code, without any of this today" he has the "right to build on the Grand Avenue property a five -story building with permission from nobody." The children are a concern to a lot of people and the safety of the children should be a community responsibility. However, a large number of the people who say there should be sidewalks for the children to use fight sidewalks because they don't want to be assessed for it. Mr. Fine argued that if people did not want to work and shop in the Grove there would be no development in the Grove. Coconut Grove belongs to the community and to the City and the City must support it if it's to survive. Mr. Fine informed the Board that he has worked for a long time in trying to provide the things that will make the community proud of the finished product. In conclusion, Mr. Fine asked that the Board allow the use of the transitional area for parking, allow the reduction of the number of required loading bays in order to take advantage of the mixed use and allow the penetration into the light plane in order to provide for the architectural amenities which would be a plus to the Grove and to the neighbors. Mr. Gort, Chairman, closed the public hearing. Mr. Perez-Lugones, Executive Secretary, stated that the City needs a copy of the letter of agreement with the post office for the record. Mr. Fine argued that the document was a private document and he did not want to submit it for the record because it contains private lease terms and he has stated under oath and read verbatim from that agreement. Ms. Maer reminded the Board that in the past all documents that are used in support of the applicants' and opponents' arguments are submitted for the record for each application. Mr. Fine stated he will submit the letter of agreement if he is allowed to remove all the nonrelated information. Ms. Maer determined that that would be satisfactory. 9 December 16, 1985, Items 2 3 Zoning Board h(;-JLG2k 13L After being recognized by Mr. Gort, Mr. McMaster stated that he spoke to the building official in Tampa and he spoke to Tim Green from Florida Avenue who both said several times that the post office would be allowed exclusive use of two of the loading bays. After being asked a question from Mr. Freixas, Ms. H olshauser stated she feels it is totally wrong and legally indefensible to allow anyone to submit only part of a document after these documents have been presented as a part of the public record. Mr. Gort informed Ms. Holshauser that the Zoning Board listens to the interpretation of the Board Attorney and she has determined that it is satisfactory. Ms. H olshauser continued by saying this is a serious matter and she'll see immediately about filing the proper papers because she feels it's a violation of the Florida Sunshine Law. Mr. Freixas, a board member, stated that there are "very few projects of this magnitude that have come in front of us that meet the criteria of exactly what area it sets forth. I think this building meets the total criteria of the SPI-2 to have the mixed use. By being on the corner of Grand and McDonald, it will create no other thing than a walking plaza between all of those buildings on Commodore, and flow into that building". Mr. Freixas then congratulated the architects for a beaufitul design and added that he feels the project will help open up the whole Grove. Mr. George Sands, a board member, expressed his concern as being the traffic and what will be done with the intersections of Grand, McDonald and Commodore Plaza. Mr. Freixas informed Mr. Sands that he drives through that area every day and he understands there is a traffic problem in the Grove but he does not see how this project will create more of a traffic problem when they are providing more than enough parking. In addition to that, they are providing what Mr. Freixas' believes is a must in the Village Center and that is residential units and mixed use. Mr. Sands argued that the ingress and egress will be on McDonald where the traffic already backs up all the way to Florida -Avenue. Other than the problem with traffic, Mr. Sands said he likes the project. In discussing Mr. Sands problem, Mr. Freixas asked Mr. Fine if it is possible to place the ingress and egress in a different place. Mr. Gort read into the record that Dade County Traffic and Transportation feels the driveway is too close to Florida Avenue and says it should be moved. Mr. Fine informed the Board that the project is designed with adequate access to the parking garage with restriping of McDonald. It is so designed that if there is any backup it will be within the garage itself and not on the street. McDonald Avenue, with its restriping, is capable of handling the capacity. There is no traffic increase on Florida because there is no demand for movement through Florida Avenue. It improves some of the problem on Commodore and Grand because there is no ingress or egress from Grand allowing pedestrians to walk completely around the project. The problem on Grand and Commodore is the people moving in and out of the existing parking lot and that gets solved in this process and in turn, making it a safer, easier intersection. In response to a question from Mr. Sands, Mr. Fine replied that the driveway to the garage is 180' away from the intersection of Grind and McDonald. 10 December 16, 1985 to & 3 Zoning Board��' �3) 'I Mr. Freixas made a motion to grant item 2 with a time limitation of twelve (12) months in which a building permit must be obtained. The motion was seconded by Mr. Romero and passed by a 5 to 3 vote. (Messrs. Freixas, Romero, Luaces, Channing, and Gort voted in favor of the motion; Ms. Basila and Messrs. Sands and Milian voted against the motion.) Mr. Freixas made a motion to grant item 3 with a time limitation of twelve (12) months in which a building permit must be obtained. The motion was seconded by Mr. Romero and passed by a 5 to 3 vote. (Messrs. Freixas, Romero, Luaces, Channing, and G ort voted in favor of the motion; Ms. Basila and Messrs. Sands and Milian voted against the motion.) December 16, 1985136i,i002t & 3 Zoning Board (.oconLit trove, I' l oriva Sit J S Fehruary 27, 1980 TO: The Mayor, Vice Mayor and honorable Piembers of the City of "Iir(mi Commission Rh;: ]lost Off ice Plaza Northe,ist Corner of ;•IcDonald Ave., Grand Ave. and Commodore Plaza I am unable to attend the hearing this evening at the scheduled hearing; Lime because I have to attend a previously scheduled bUSineSS eng;ag,ement; but, l am in support of the Post office Plaza project, and if I did not have this scheduling; conflict, I would he there to personally speak in support of the Post office Plaza project. Certain citizens of our community have publicly stated that cars and trucks will enter and leave the project to and from Florida Avenue. 1 have personally seen the project plans filed with the City and approved by the Zoning; Board, and those plans have a solid, decorative L.indscaped wall all :Tong; Florida Avenue, malting; it physically impossible for any vehicles to enter or leave the project from Florida Avenue. All entrances and exits for cars and trucks are on McDonald Avenue, and none are on Florida Avenue; and, therefore, the Florida Avenue neighborhood has complete privacy. In addition, I support this Post office Plaza project because it could substantially help accelerate the future growth and development on Grand Avenue, west of Post Office Plaza. Also, Mr. Fine has owned the Post office property for a long; period of time and our community needs a new and larger Post Office for better service to our community, which his project will give to us, along; with the many other benefits to our area and our people. If the Commission dues not support and uphold the favorable decision of the 'Zoning; Board for this project, the Commission could hurt the future of the rest of Grand Avenue, and I would hate to see this happen to our community. Therefore, I urge all concerned to support the Post Office Plaza project. I Sincererxx ILLY R01:f l: t t t G f i i } 5i i i 4 g� I ro Honorable Mayor and Members of the City Commission FRCM Cesar H. Odio ��� City Manager ADDITIONAL INFORMATION AGEN1,t ITLMS 14 S 15 CITY OF- MIAMI. FLORIDA INTER -OFFICE MEMORANDUM February 25, 1986 Interpretation: Plan Amendment; Miami Comprehensive Neighborhood Plan Transitional Uses Attached herewith is the Planning Department response to a Commission request at the Commission Meeting of January 23, 1936 pertaining to a zoning item. The Commission had requested an interpretation as the whether transitional uses triggered amendments to the Miami Comprehensive Neighborhood Plan. The response is negative; a Law Department legal opinion is also attached for your information. CHO/SR Attachments s { 4 8G-10'2 - 8f -16M . CITY OF MIAMI. FLORIOA TO, Cesar H. Odi o City Manager FROM Sergio Rodriguez, Director Planning Department INTER-CFFICZ MSMCRANCUM rA February 24, 1986 FIL, Interpretation: Plan Amendment to Comprehensive Plan - Miami Comprehensive Neighborhood Plan oFFKRENCz-5 Transitional Uses ENC_OiUQES At the hearing of January 23, 1986, and in relation to a zoning item, this Department was asked if transitional uses trigger amendments to the comprehensive plan: the response is negative. This memorandum is intended to complement the Law Department legal opinion of February 19, 1986 on this issue (attached). A comprehensive land use plan is a general guide to land uses, intensities and densities and is not a zoning ordinance, which has precise zoning district boundaries and specific zoning categories for each parcel of land within the City. A land use plan is described in Section 163.3177 (6)(a) FS (1985), as follows: '"(a) A future land use plan element designating proposed future general distribution, location, and extent of- the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other cat2.gories of the public and private uses of land. The future land use plan shall include standards to be followed in the control and distribution of population densities and building and structure intensities. The proposed distribution, location, and extent of the various categories of land use shall be shown on a land use map or map series which shall be supplemented by measurable goals, objectives, and policies. Each land use category shall be defined in terms of the types of uses included and specific standards for the density or.. intensity of use. The future land use -plan shall be based upon surveys, studies, and data regarding the area including the amount of land required to accommodate anticipated growth, the projected f t Page 1 of 4 i { aS s OW h - population of the area, the character of undeveloped land, the availability of public services, and the need for redevelopment including the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with the character of the community. The future land use plan may designate areas for future planned development use involving combinations of types of uses for which special regulations may be necessary to ensure development in accord with the principles and standards of the comprehensive plan and this act. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection." A comprehensive plan is Idifferent and distinct from a zoning ordinance; an authoritative publication comments, as follows: "Particularly troublesome has been confusion between the zoning ordinance and the section of the comprehensive plan dealing with the private uses of land. Both deal with the ways in which privately -owned land will be used, but the plan indicates only broad categories for general areas of the city, whereas the zoning ordinance delineates the exact boundaries of districts and specifies the detailed regulations which shall apply within them. Furthermore, the plan has a long-range perspective, while the zoning ordinance is generally meant to provide for a time span of only five to ten years." "...Admittedly, the comprehensive plan will not answer all the small questions which come before the legislative body. It is not supposed to; it is not intended to be a zoning map or a blueprint." Recent amendments to Florida Statutes, Section 163.3194 (3)(a) provide a standard by which to compare consistency between the comprehensive plan and locally -adopted land development regulations (zoning ordinances) and locally - issued development orders (building permits), as follows: "(3)(a) A development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by such order or regulation are compatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government." The term "consistent" is defined (American Heritage Dictionary) as "1. agreeing; compatible; not contradictory. 2. Conforming to the same principles or course of action." The term "compatible" is defined as "1. capable of living or performing in harmonious, agreeable, or congenial combinations with another or others. 2. Capable of orderly, efficient integration and operation with other elements in a system." Therefore, the standard of comparison is not that of being identical. 17 ------------------------------- =.Principles and Practice of Urban Planning, International City Managers Association, pp. 350 and 362. Page 2 of 4 SC-1d2 . SC-lo3 ON To attempt to use a land use plan to is erroneous. The land use plan for of land and 19 square miles of water whereas the zoning atlas shows the least. If land use plans were meant land use plan would be identical to atlas. the degree of precision of a zoning atlas the City of Miami depicts 35 square miles area at a scale of 1 inch = 2,200 feet, area at a scale of 1 inch = 409 feet at to be as specific as the zoning atlas; the and could be substituted by, the zoning The purpose of transitional uses per Zoning Ordinance 9500 is to provide a gradation of uses at zoning district boundaries under certain specific conditions, as follows: "Transitional regulations are controls established at or adjoining district boundaries to mitigate potential frictions between uses or characteristics of use. Such regulations, applying generally to buildings and uses within the area described as transitional and thus in effect creating subdistricts, may have the effect of altering primary district regulations by increasing or decreasing requirements or limitations on uses, yards, height, off -Street parking,2 lighting, signs, buffering and screening or other matters. Transitional uses are permissible up to 125 feet immediately outside of commercial and industrial zoning districts; the surrounding zoning districts may be commercial, industrial or even residential. Conversely, transitional uses are regulated immediately outside of residential zoning districts; the surrounding zoning district may be commercial, industrial or residential. Transitional uses have been a feature of City of Miami Zonina Ordinances at least since 1961. Transitional uses, permissible or permitted in the Zoning Ordinance do not trigger amendments to the zoning atlas; It would therefore be inconsistent to date that transitional uses triaoer olan amendments. The argument may be made that the land use plan could carry some notation pertaining to transitional uses. Consider by way of illustration just what this notation could possibly say, for example, "On both sides of all land use designation changes, extending up to 125 feet, various uses may be interchanged;" or "A variety of uses, as specified in the zoning ordinance may be introduced into transitional areas, abutting and extending up to 125 feet on either side of any land use designation change;" or "A transitional area straddles all land use designation changes, extending out to up to 125 feet on either side, within which the land uses may be interchanged. Obviously in each of the illustrative examples, whatever language is used creates more confusion than clarity, may invite protracted -litigation and detracts from the stance of the land use pTan as a general guide. 17Zoning Ordinance 9500, Ar Definitions 1 To attempt to use a land use plan to is erroneous. The land use plan for of land and 19 square miles of water whereas the zoning atlas shows the least. If land use plans were meant land use plan would be identical to, -atl as . the degree of precision of a zoning atlas the City of Miami depicts 35 square miles area at a scale of 1 inch = 2,200 feet, area at a scale of 1 inch = 400 feet at to be as specific as the zoning atlas; the and could be substituted by, the zoning The purpose of transitional uses per Zoning Ordinance 9500 is to provide a gradation of uses at zoning district boundaries under certain specific conditions, as follows: "Transitional regulations are controls established at or adjoining district boundaries to mitigate potential frictions between uses or characteristics of use. Such regulations, applying generally to buildings and uses within the area described as transitional and thus in effect creating subdistricts, may have the effect of altering primary district regulations by increasing or decreasing requirements or limitations on uses, yards, height, off- street parking,2 lighting, signs, buffering and screening or other matters. Transitional uses are permissible up to 125 feet immediately outside of commercial and industrial zonino districts; the surrounding zoning districts may be commercial, industrial or even residential. Conversely, transitional uses are regulated immediately outside of residential zoning districts; the surrounding zoning district may be commercial, industrial or residential. Transitional uses have been a feature of City of Miami Zoning Ordinances at least since 1961. Transitional uses, permissible or permitted in the Zoning Ordinance do not trigger amendments to the zoning atlas; It would therefore be inconsistent to state that transitional uses trigger plan amendments. The argument may be made that the land use plan could carry some notation pertaining to transitional uses. Consider by way of illustration just what this notation could possibly say, for example, "On both sides of all land use designation changes, extending up to 125 feet, various uses may be interchanged;" or "A variety of uses, as specified in the zoning ordinance may be introduced into transitional areas, abutting and extending up to 125 feet on either side of any land use designation change;" or "A transitional area straddles all land use designation changes, extending out to up to 125 feet on either side, within which the land uses may be interchanged. Obviously in each of the illustrative examples, whatever language is used creates more confusion than clarity, may invite protracted -litigation and detracts from the stance of the land use plan as a general guide. 3 PZoning Ordinance 9500, Article 36 Definitions p. 335 Page 3 of 4 00"� 10"S In the particular instance at hand, a mixed use building is proposed at the corner of Grand Avenue and McDonald, as permitted by the zoning district (SPI- 2). A transitional area extends to the north of the zoning district boundary which, by special permit, could allow parking garages in the adjacent RS-2/2 Low Density Residential Zoning District. The special permit (special exception in this case) procedure requires a public hearing in which specific findings must be made as to the effect on the surrounding neighborhood. These findings oust address ingress and egress, off-street parking and loading, refuse and service areas, signs and lighting, utilities, drainage, and control of adverse effects generally. Therefore, while we find that permissible transitional uses are consistent with the comprehensive plan in evaluating a specific project, such as this, we may find that the project is incompatible or inconsistent with the surrounding neighborhoods; otherwise a grant of special exception is a pro -forma exercise. The Planning Department finds that the land use plan is a guide; that there are adequate relationships established - with the land use plan as guide - in the Zoning Ordinance and atlas to control and direct development within constraints of the laws incorporated in. the Zoning Ordinance; that details of the specificity of transitional uses are not appropriate for incorporation in the land use plan and indeed could confuse an understanding of the plan; that a plan amendment is not required for transitional uses permissible by special permit, and that the item in question should continue to be processed under the procedures of Zoning Ordinance 9500 without referral to the Florida Department of Community Affairs. SR/JWM/rJ . Attachment cc: Walter L. Pierce, Assistant City Manager Aurelio Perez-Lugones, Director, Planning and Zoning Boards Administration Lucia A. Dougherty, City Attorney, Law Department /Zoning Ordinance 9500, Article 8f-10� 8f —lo3 I p �7 TO CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM Honorable "br Xavier L. Suarez DATE February 19, 19861"LE and e City Commission SU9JEC" Legal Opinion: /1 Post Office Plaza A-86-13 FROM- Lucia A. Doughey REFERENCES. City Attorney /J E4C:.OSURES. At the City Commission meeting of January 23, 1986, you deferred the appeal by residents of Coconut Grove of certain variances and a Special Exception for the property known as Post Office Plaza. You requested an opinion on the following issue: WHERE THE MIAMI COMPREHENSIVE NEIGHBORHOOD - PLAN 1976-1986 ("COMPREHENSIVE PLAN") INDICATES CERTAIN PROPERTY IS ZONED RS-2/2 (LOW DENSITY RESIDENTIAL) AND WHERE THE CITY'S ZONING ORDINANCE PROVIDES IN THE SCHEDULE OF DISTRICT REGULATIONS, THAT SUCH cam: PROPERTY, LOCATED IN A TRANSITIONAL ZONE, MAY BE USED AS A PARKING GARAGE FOR A PROPOSED - COMMERCIAL/RESIDENTIAL STRUCTURE SUBJECT TO OBTAINING A SPECIAL EXCEPTION FRCM THE ZONING := BOARD, AND IF SUCH A USE CONSTITUTES A CFiA,JGE C.Li IN, THE COMPREHENSIVE PLAN, IS THE GOVERNING BODY (THE CITY. COMMISSION) REQUIRED TO SEND THE PROPOSED CHANGE TO THE STATE LAND PLANNING AGENCY (DEPARTMENT OF COMMUNITY AFFAIRS (DCA)) FOR REVIEW? The initial question of whether such approval constitutes an amendment to the Comprehensive Plan must be determined by the Planning Department. If the Special Exception is not considered an amendment to the Comprehensive Plan, then the proposed approval is not required to be sent to DCA. The Planning Department should be guided by the following: 5163.3194, F.S. (1985) entitled "Legal Status of comprehensive plan," provides that all actions taken'in regard to development orders by governmental agencies shall be consistent with its comprehensive plan. Furthermore, 8F--163 rrmen nrWW L-' Honorable Mayor Xavier L. Suarez and Members of the City Commission February 19, 1986 Page 2 all land development regulations enacted or amended subsequent to the adoption of the comprehensive plan must be consistent with the comprehensive plan. It also provides that a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development permitted by the development order or regulation are comoatible with and further the objectives, policies, land uses, and densities or intensities in the comprehensive plan and if it meets ail other criteria enumerated by the local government. Hence, if the Planning Department finds that the special exception (the development order) meets the above criteria for compatability, then the special exception would not constitute an amendment to the comprehensive plan. However, if the Planning Department finds that the approval would'. require a change in the comprehensive plan, then §163.3184(1) F.S. (1985) would apply. It provides as follows: "5163.3184, F.S. Adoption of comprehensive plan, or element or portion thereof. - (1) At least 90 days before the adoption by a governing body of a comprehensive plan or element or portion thereof, or before the adoption of an amendment to a previously adopted comprehensive plan, or element or portion thereof, the governing body shall: (a) Transmit five copies of the proposed comprehensive plan, or element or portion thereof, to the state land planning agency for written comment. (b) Transmit, a copy of the proposed comprehensive plan, or .element or portion - thereof, to any other unit of local government or governmental agency in the state that has filed with the governing body a request for copies of all proposed comprehensive plans, or elements or portions thereof. f CiA. 86 '1b3 Honorable Mayor Xavier L. Suarez February 19, 1986 and Members of the City Commission Page 3 (c) Determine that the local planning agency has held a public hearing on the proposed plan, or element or portion thereof, with due public notice." Thus, at least 90 days before adoption at second reading by the Commission of the amendment to the Comprehensive Plan, the Commission must act to transmit copies of the proposed amendments to DCA and must ascertain that a public hearing has been held on the proposed change by the Local Planning Agency - our Planning Advisory Board. you should know that Mr. Alfred Aronovitz, an attornev for Ron Fine, has offered the following opinion: §163.3134, F.S. as amended in 1985, is not effective until after July 1; 1987. He may be relying on §16 3 .316 7 (2) , F.S. which requires each county, beginning on July 1, 1987, and on or before December 1, 1987, to prepare a Comprehensive Plan or amend an existing plan to meet the requirements of the Act, and each municipality to do the same beginning on Januar- 1, 1988, or January 1, 1989, depending on whether the municipality is required to include a coastal management element in its Comprehensive Plan. Mr. Aronovitz further stated that since DCA is not required to adopt minimum criteria by which to review Local Government Comprehensive Plans to determine compliance until February 15, 1986, and further that such rules shall not become effective until after they have ,d been submitted to the legislature, there are no standards by which the DCA can review the plans and therefore no requirement to send any proposed s changes to DCA. i : He further argued that the Comprehensive Plan referred to in §163.3177, F.S. (entitled "Required and Optional Elements of Comprehensive Plan; Studies and Surveys.") is referring to a new and separate Comprehensive Plan and that the Miami Comprehensive Neighborhood Plan 1976-1986 is not subject to that Section. He also argued that our Comprehensive Plan is a "Land Development Regulation" under §163.3213, F.S. which is not subject to review by DCA until after February 15, 1987, the date by which DCA must adopt rules for review of Land Development Regulations pursuant to §163.3202(5), F.S. i Chapter 85-55, of the 1985 First Regular Legislative Session known as the Local Government Comprehensive Planning and Land Development Regulation Act, provides for an s Lf-in3 3 Honorable Mayor Xavier L. Suarez and Members of the City Commission February 19, 1986 Page 4 effective date of October 1, 1985,_ except for certain specified sections, none which are relevant to this discussion. ( Section 51 of Chapter 85-5 5 . ) Therefore, the City must comply with the Act. 5163.3187(2), F.S. requires each governing body to transmit a current copy of its Comprehensive Plan to DCA no later than December 1, 1985. The City has complied with this deadline. At this time, since the DCA does . not have rules or standards with which to evaluate the proposed amendments or Comprehensive Plans it will provide comments to the City which are not binding and are not enforceable against the City. In the future, after adoption of rules by the DCA and review by the legislature, proposed plans or amendments that are not "in compliance" will be returned to the local government with recommendations by DCA. Adopted revised plans that are still not in compliance will be referred by DCA to the Division of Administrative Hearings (DOAH) for -.a hearing and then to the Administration Commission (IA) (Government and Cabinet) for final action. With regard to our Comprehensive Plan being a Land Development Regulation as defined in 5163.3213(2)(b), F.S. that definition provides as follows: "An ordinance enacted by a - local governing body for the regulation of any aspect of development including a subdivision, building construction, landscaping, tree protection, or sign regulation or any other regulation concerning the development of land." The City adopted the Comprehensive Plan and refers to it as its Comprehensive Plan and, in fact, the Plan contains those. elements referred to in §163.3177, F.S. (1985) and §163.3178, F.S. (1985) governing Comprehensive Plans. _ If, in fact, this was a Land Development Regulation then the DCA is required to adopt rules by February 15, 1987, for review of Land Development Regulations pursuant to 5163.3202, F.S. (1985). However, this is not applicable, since we are dealing with a Comprehensive Plan and not • a Land Development Regulation. In 5163.3202(1); F.S. each municipality is required to adopt or amend and enforce Land Development Regulations that Honorable Mayor Xavier L. Suarez and Members of the City Commission February 19, 1986 Page 4 effective date of October 1, 1985,_ except for certain specified sections, none which are relevant to this discussion. (Section 51 of Chapter 85-55.) Therefore, the City must comply with the Act. 9163.3187(2), F.S. requires each governing body to transmit a current copy of its Comprehensive Plan to DCA no later than December 1, 1985. The City has complied with this deadline. At this time, since the DCA does , not have rules or standards with which to evaluate the proposed amendments or Comprehensive Plans it will provide comments to the City which ar^ not binding and are not enforceable against the City. In c:ze future, after adoption of rules by the DCA and review by the legislature, proposed plans or amendments that are not "in compliance" will be returned to the local government with recommendations by DCA. Adopted revised plans that are still not in compliance will be referred by DCA to the Division of Administrative Hearings (DOAH) for -,a hearing and then to the Administration Commission (IA) (Government and Cabinet) for final action. With regard to our Comprehensive Plan being a Land Development Regulation as defined in 5163.3213(2)(b), F.S. that definition provides as follows: "P.n ordinance enacted by' a local governing body for the regulation of any aspect of development including a subdivision, building construction, landscapiftg, tree protection, or sign regulation or any other regulation concerning the development of land." The City adopted the Comprehensive Plan and refers to it as its Comprehensive Plan and, in fact, the Plan contains those. elements referred to in §163.3177, F.S. (1985) and §163.3178, F.S. (1985) governing Comprehensive Plans. If, in fact, this was a Land Development Regulation then the DCA is required to adopt rules by February 15, 1987, for review of Land Development Regulations pursuant to §163.3202, F.S. (1985). However, this is not applicable, since we are dealing with a Comprehensive Plan and not • a Land Development Regulation. In §163.3202(1); F.S. each municipality is required to adopt or amend and enforce Land Development Regulations that Honorable Mayor Xavier L. Suarez February 19, 1986 and Members of the City commission Page 5 are consistent withand implement.- their adopted Comprehensive Plans. This must be done within one year after submission of its revised Comprehensive Plan for review pursuant to 5163.3167(2) F.S. Prepared and approved by: G. Miriam Maer Assistant Citv Attorney GMM/wpc/md/bss/P018 CC: Cesar H. Odio, City Manager a LAW OFFICES Suite 211, Roosevelt Building 4014 Chase avenue Miami Beach, Florida 33140-3421 February 24, 19136 COPY 1 538-4131 TELEPHONE. (305) OM 0699 David H. Teems, Deputy Chief Fire, Rescue & Inspection Services Department City of Miami 275 North West 2nd Street Miami, Florida 33233-0708 HAND DELIVERED Re: 3195 Grand Avenue a/k/a Frost Office Plaza Proposal a Dear Chief Teems: Thank you for meeting with me to discuss the numerous irregularities in the processing and approval of this a op 1 i cat i orl. As you requested, I am putting my comments in writing. i After reviewing the application, plans, and the zoning code, I am convinced that, despite the apparent approval of the zoning department, the proposed plan violates the cede in several ways. In addition, I have several more questions which I am unable to verify, but which may be violations of the cede or errors in computation. The specific violations that I have beer, able to identify are as foIIows: 1. The Flair- Area Ratio stated as permitted is excessive. Developer claims, and zoning signed off on total FAR of 2.38 permitted. This allows for the 1.21 FAR (maximum for mixed use buidings) plus maximum bonuses for all categories of bonuses, including 0.30 bonus for "split level uses at general level". The proposal does not qualify for this split level use bonus. Please see attached letter of George J. Acton, Jr. for explanation. See also Section 1526.2. The proposed FAR exceeds the actual permitted FAR (no more than 2.08) . This results in an invalid application because no variance for FAR is permitted. See section 3101.1. 2. The yard between the proposed building and the adjoining RS-:' district is incorrectly stated as requiring only 5 feet. The requirement is, in my opinion, 20 feet. See Section 1525, which refers to transitional requirements of the CR district, which in W46 W t"r n r'Ffprs to the yard recuirements of the RWR Hint'rirt, R5_1_' var d reouir'emert% for non resident 3 al. Uses (an arp yr aDosed here) are 20 feet. See schedule of district regulations. Mr. Actor, believes tnat the reauiremen't is fop a sethacu W LO feet. HT roncludem that because the ad oinirp i S-c= i_lsp iS r MS1t_Pntlal. th!? residential setbacks oddly to i the YID;?nreg 1 dent 1 ca J uses in t ne P - 2 district. see nis attached letter. in either case. the stated re"uir-ement of 5 feet and the Pr000sed "i feet are inadeauntp. In addition, the setback, reauirement determines the rnlcuatlon of the light planes. is error In the rE?cuired varc: setback results in an error ( and increase) in the light Wane intpusion which is the subject of a varlanap reauest. ine .anOl1Cration for variance understates the variance neecec, to anorcve the Wans. In addition. as variance for failure to r,•'nt+ibr f:hp renuired setback, has not been r''eo"e"st d. 2. ' ae nromos.al does not provice, .art& the warpn r'et- UJ r'r,4er,tr; ignore the reauired minimum open Space recuirements In the ''S-._ district. See Schedule of District Reaulations. cane 1 of Fes, t' ar•'ta i t 1 ona 1 Uses. Structures and Reo u i refi ent s, Wh ] rn 5 t rate i I - but rdinus containing Offices or clinics seal i have the same minimum open space reoulrements (yards, lot coverage, livability Toacm or ❑edestrian space) and height enveiome recuire':if_?'•"ors an •'POU3r'Fd in there districts." See Schedule of District cage 1 of E, Mimiflium Omen Space Renulement= lot, Rq-&. wKich requires 20 foot yards for non --residential uses, ca. wnxirtil.m lot cnverage of 0.43, and a fliimi(Ili_m llvaaility or inert C)ade,tr'iran nonce of 0.36. In addition, the 20 foot yard setbacks ;ave r'C-ouir'ed by Section 2018. i . 1 (c), as exvlaireo In Mr. P ron' c,. ptter^. Not only does this cromosal crossly frail to fleet these rnauiremen•tF. but the plans were "signed off" by/ the zoning ne!•',.artment without notation of the failure to ci imply. l nerefore. t n l 'E ar0oos.a l is invalid. 4, Uses wromosed for the RS-2 district are not mermit en. ;JCSe SWeC?l_ le Of District Reaulations. Page 1 of 6. Transitional Lses. St -uc'turrs rt'd Kenuirewents, whien state- "in any re5icentiai `: ls'; ri ct, where lots adjoin at the side, lot': in any cownmrciai district, sl_rcn residential iots. Or the first aG'O feet in widt`l thereof adjacent to such colll(iU_n bouncaries wner'e wjotn exceed, !00 feetl may be occuoiem Gv uses ver mirtoc! oe-er".ally. or nermissible by special permit only, as s:7E.cifieC VFlow under the heading "Side transition." .a. The proposed oarking structure, which is permisnioW by ,oeciai permit Qnly, extends well beyond tie 100 foot i 1 mi t. ='= vki nn beyond 100 feet from the common bouncar'y therefore vloiates the use regulations. Use varlarces may not np rranteo. See Section 3101.1. h. In addition, the proL osa i :snows t ne major C: ort i on of thin on-t office to be located in the RS-2 cistrict. !"Is in not A nPr mi'tted transitional use. See Iransitional uses in Sc7sc'uic- ane Mr. Wton's Setter. C. The nr"000 ed loading cooks are prnnonpv tQ be i ocar ec:_ in ton RS-2 Qlstrict! but are not a Pemitted tr.3Y,W`lt`nal Use. 8C-16) sc-163 We r"e FFrrncFv above an& Mr. Acton' s 1 E?'ta_ er. N.pC'A'. pn use variances are not a L J.i mowed. Section 3 t,L, L . I . t"i r; nr-r1,yaI it in violation of the code and cannot co t`orwand a's 5. he hejant of the or000sed structure in tn2 W a mistr"ict pxremds t"e sleight limitations. See Schedule of District RE?'7uistions, pacle I of 6, Transitional Uses, etc., resivential districts generally, last sentence, which states. "Aside from use regulations and other exceptions or reouisments sopcified. *-spylations anolyinp generally in the residential ristrict shall anoly On lots or oort i� ins of lots in side or rear transitional areas." See Maximum Height for PS which .limits Plane Ili to So feet. The or000sed parking structure exceeds ``, Beet in height, and as s1.IC:h violates the code. .zonins "signed off, Can the clans without mention of this violation of the cafe. f,, i he c:c,, ments of George Camobel1. of the Public Works Department, indicate three additionat violation., As foilows: a. driveway is 10 feet from the base buiir,ing line: n minimum of 13 feet is recauired. b. drop -cuff area of the sidewalk is _ feat into the vubl lc right-of-way violating the minimum stanuard a! & feet. C. the 35 feet renuired minimum cistance from the renterli.ne of 32 Avenue_ to the base hulling line is not orOv3ced- Unly 0 feet 3 inches is orovidea. thin reduciop the setback f-nm 5 +ep to c feet 3 inches. see attachedsummary y Miniutes fo " comments Of Mr-. C.amOhel1. 7. ?he Reouired parking is understated anti the rrGmesed orovideo carping is therefore inadequate. Parking reouirements are stated in Section 1528, whicn refers to the schedule or District Reryl at ions for RG--c ( Pape 2 of Fes) and CR (paee 4 of 6) . I will indicate my calculations below: USE? No. �. o.. t. Code NO. S aces RpFzauvard 6,6 W3 1/100 soft. crass PA 661 yetai. `:0 110 1/510 ya. ft. gross FA 01-:1 cost Office in SPI--2 3,464 1/550 sQ. ft. props PA e, Dust Office in RS-: 12,500 1/550 sq. ft. gross CA :_. office 30. aw 1/550 so. ft. proses FA 55 (heater 7,043 1/100 sq. ft. 70 Residential 82 units 1. 1/unit 90 `Other' 16,537 1/550 sq. ft. prQs5 FA 3V) "t 0 T OL_ PARKING SPACES REQUIRED 4.35 Tinus credit for mixed use Section E017. % 45 minus maxi.r,i= credit for theater section 1556(2) 3:9 :c"mouted as remaining office requiement of 10 i� A i -nacrn. K t_is Si Spaces for post; office reculrement ) it is Nv ouininn, though, that no credit for tneate- shr " d 5e Given because theaters in shoominp centers 0-n W:l XPU use 111. i lamas pener'`al ly have dAvt 3 mp a ow- 3Ji Note: Tie above f iqur es are comouted based on a oermittPO APR of 00, which fops not allow the split-level bonus, To r^ec ommut p -peed on &.._V MR. change each 1/550 so. ft. t0 1/600 nu.Ft. in t"a . case the number of reC?uired spaces. In truer. are 66. ti7 , S. 21, `_0. 70, 90, `8. for a total required of Aid soaces min= wi.vac '. -e credit of 45 and maximum theater crecit of 32 tr•emaining office re"uirement of 5 smaces. nit_is 27 for cast PfFice), leaving 341 saaces reouired. 1"P Pavelonor claimed, and zoning amuroved. a Sca"E"nent F i:_'69 =once- rectlired and 312 Dr ovided. As you can see 1`l'om the f i u"r ps a hove, the vr000sa l does not meet the ren u i -eyvnt s of tyre C,-Ke. in add3isiOn to the above matters dF_'ttronBtratinp doFF.wtn in the no nl icat ion and the amproval thereof, my review � �f the plans and file ra1St_n the following questions wiich I have not been able to answer. Per'hcaps t_lnr=n examination by your department, these issues will shQw additional defects. 1 . fare the net Ji of area and gross lot area groner .l y r'vft1oute&? is the boY'tt_is for theater (Section 1526.2.2Q) ), w'aicn is stated in terms of gross square feet rather than i:•Pq. orooerly C'ofo out ed . :, i v` n the gross left area'' 3. is the r i _ or Area nr`merly computed? Were roaf top uses included• Were residential elevators comouted as "evicPntial c loor area? 4. were the load1nQ -oacL requirements Ftri ovr_`/ c';•;t;vucPc1'� 5. Wan the 1 iGht plane intrusion properly commuted? Was it OaSeb On the WaxlftrUM intrusion ( extended halcon p, _, the toL; ;oor ) rat.!''.f:r^ than on the minimum intrusion or 1verace intrusion? G. is a l at_lndry a nermitted roofl•.00 use? In adbition to the above comments and auestions, t`rerr in another l-rEUU1xrlty in the orocessinp of this sorlicati=tn. As you rerall from our conversation, apnarent i y these D l anS Were not reviewsC ov the neoole normally cnarpea wit" "evlewirs Vlans. t t"•= ri"t .�YfC-w wheat caused this apolicrl.tion to rec_eiva sDF_rial _:'potypnt, Put believe that it cliff soy, T" I C-,- 14 V F-n rA 0 C, V P v A v Y I V p F=,: Ar; I ta 0 Ci U—nt �tLt roe— 1 w.1 t v "I'a r? o v t v VI'DIA :y'C,U P.. S j Y,.r, -,-, r? Fj y, ci T r, i ij C'.'h ZA U rl r e C% I jR t r, t r i r:,, ? r! tie t, F-, r.jatt-L=T- a -,-, C4 f F-, e j c c� n f i (:3 e ro -L.11 A t I vj I I i r V C t a,. rl V —.1 f 1 rid r-11y have oc-curred. f a I easur-c- W 1 i -1 N., -"I Ij . F-,t—v truly LO',,.l OF JPNU-T ;-. COOPER JANET L. COOPER i I 1Y a ri a Q e r r t V. Citv Pttorriev (._.Ity clerk inciusion in tnc-- f--is-) water Pley-c-ri?. PrisistArit City Marlacer p u a o c' o t - I L, 1-t e 1) i r E? u t :., r , Plartn2rim Departri-ent t p0e C:l y I a I e Chief Zonino lnspectc.r T. Gf-,:,rr.,e J. potoyll .7r. f s George J. Acton, Jr., A. i. A., A.1. C. ['., Consultant Architecture, Urban Manning anti Design, 7,oning x 9605 Southwest 120 Street, Nliarni, Florida 33176 (305) 233 40 February 4, 1986 Ms. Janet Cooper ' Attorney at Law 1 4014 Chase Avenue �. Suite 211 Miami heath, Florida 33140 1 Re: Post Office Plaza Dear Janet: In accordance with your request of February 3, the following is a summary of my zoning analysis of the Post Office Plaza which is located in two i Zoning District Classifications -- SPI-2 and RS-2/2. 1. In SPI-2: 1 a. The allowable increase in floor area for split level uses at ground level should not be granted since they do not meet the criteria set forth in Section 1526.2.2, 4. This section states "...where by reason of a vertical split level arrangement of uses (above and below ground level), directly accessible and visible from the adjacent public sidewalk, ...". The upper ground level uses for the Post Office Plaza are not visible from ground level, nor are they directly accessible. 1 b. The yard between the building and the rear lot line of the RS-2/2 district is not in accord with the SPI-2 transitional requirements (Section 1525), which refer to the CR district, items I and 2, which state: "l. Where lots in these districts directly adjoin lots in RS-1, RS-2 and RG-1 districts at the side or rear: a. Yard and height envelope requirements along such lot lines shall be as for adjoining RS or RG-1 lots 1 except the light plane shall be 63 degrees and Plane III shall not apply." Since this SPI-2 lot adjoins the rear of an RS-2 lot, and since the RS-2 minimum interior rear yard is 10 feet, the Post Office Plaza building does not meet this requirement. 2. In RS-2/2: a. The parking garage in the RS-2 district requires a special ex- ception. Special Exceptions are governed by Article 26. Class D Special Permits and Special Exceptions; Detailed Requirements. Under Section 2606.1, Findings, it states: SC—JLb2 8C -163) 3 1 Ms. Janet Cooper ? Page Two February 4, 1986 "In its decision to grant an application for Class D Special Permit or special exception, to grant with conditions or safeguards, or to deny the application, the zoning board shall ... and the board shall act in accordance with Section 2303, "Special Permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance." Section 2303 contains the following language: "Special permits in relation to zoning shall be issued or denied only in accordance with the procedures, standards, and require- ments of this zoning ordinance... Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, and could not practically and reasonably be made to do so by attachments and safeguards so authorized and limited, such applications and permits shall be denied." b. The special exception request in based on Section 2018.2.1 which, among other requirements, states: ...(c) Yards adjacent to streets shall be dimensioned as generally required within the district, and a yard equivalent in width to the required side yard shall be provided along any re- maining edges of the lot not adjacent to streets except..." The requested parking garage is a non residential use and under RS-2, non residential uses require a side yard of 20 feet, a Plane III dimension of 20 feet, maximum lot coverage of .43, and minimum livability space of .36. The parking garage does not meet any of these standards, and should have been denied by the zoning board. Further, under the Transitional Uses, Structures, and Requirements of RS-2, it states that a side transition allows the first 100 feet to be occupied by uses permitted generally, or permissible by special permit only, as specified below under the heading "Side Transition." Under Side Transitions, it states: "The following uses are permissible only by Class C special permit: ...2. Office not selling merchandise on the premises. ...4. Offsite parking, permissible only by special permit, as provided in Section 2018. sw-1 "- SC -Ib3 Ms. Janet Cooper Page Three February 4, 1986 The proposed parking garage exceeds the 100 foot requirement, and contains (1) part of a post office which does not meet the standard of not selling merchandise on the premises, and (2) offstreet loading docks which are not a permissible use in the transitional area of a single family district. If you need additional information, please contact me. Sincerely, G Geor?J �Z4Acton4J. A.I.A., A.I.C.P. A Mr. Jon Channing, a board member, stated for the record that his corporation does have interest with another corporation which owns land in Broward County. One of the applicants for the item before the Board does own stock in the corporation but he, himself, has no financial interest nor any other involvements with the applicant. Furthermore, he stated that this relationship would not affect his independent judgement on the items. Ms. Miriam Maer, the board attorney, advised, based on what Mr. Channing stated, that there would be no conflict of interest and Mr. Channing could vote on the item. Mr. Guillermo Olmedillo of the Planning Department first described a brief scenario of the area by stating that the north four lots of the project are zoned RS-2/2, single family, and the remaining lots are zoned SPI-2, mixed use. A park is located northeast of the property and an elementary school east of the property. In reference to the requests, the Planning Department feels the reduction in the number of loading stalls by 50 percent, that is, from 8 loading stalls to 4 is significant. One reason for this is that the post office is proposed to be located in this project and they would require 2 loading stalls for their exclusive use leaving only 2 stalls for the rest of the project to share. The intrusion of the light plane is unnecessary, it is only because the architect wanted to create a better design by introducing an atrium. And the last request for a parking structure on the residential lots in the rear would create a hardship for the neighbors who live on Florida Avenue. Mr. George Campbell of the Public Works Department stated that if the Board should decide to grant the items, the Public Works Department is requesting the dedication of the westerly 12.5' of Lots 12 and 13, the northerly 5' of Lots 9-12, a 25' radius at the southeasterly corner of McDonald and Florida Avenue and a 25' radius at the corner of McDonald and Grand Avenue. Furthermore, Mr. Campbell pointed out that the plans indicate the driveway to be located 10' away from the base building line -but the code requires that the driveway be located a minimum of 13' from the base building line. In regards to the reduction in the number of loading stalls, the Public Works Department agrees with the feelings of the Planning Department. Since the post office is requiring at least two loading stalls for their exclusive use, most likely the delivery trucks for the rest of the building would stop along Grand Avenue rather than going around and trying to get into a loading stall. The sidewalk area along 32 Avenue and Grand Avenue must be done according to Public Work's standards. In addition, the plans indicate the drop-off area of the sidewalk to be 2 feet into the public right-of-way which is 3' shy of the required minimum standard which is 5' along the public right-of-way. Last point Mr. Campbell made was that the Code requires a 35' distance from the center line of 32 Avenue to the base building line; however, the plans indicate a distance of only 32'3", thereby reducing the setback from 5' to approximately 2'3". If this was to happen the end result would be the structures would encroach into the public right-of-way which is not permitted according to code. Mr. Ronald Fine, one of the applicants and attorney for the project, began by saying the project, known as Post Office Plaza, is proposed to be located at 3195 Grand Avenue. -He has submitted packets to the Board members which included a letter dated December 8, 1983 from Sergio Rodriguez, Director of the Planning Department, and Mr. Fine stated that this letter supports and encourages this project and its design including the location of the parking on Florida Avenue. of — 1 h a`3 2 December 16, 1985, Items 2 & 3 Zoning Board G z 1 f 13 W X 2') DRAWINGS OF POST OFFICE PLAZA SUBMITTED INTO THE PUBLIC RECORD ON FEBRUARY 27, 1986, ITEMS 14 AND 15, R-86-162 AND R-86-163, ARE BEING KEPT IN THE DEPARTMENT OF PLANNING ANn ZONING BOARDS ADMINISTRATION FOR STORAGE. ur io Perez-Lugones Director of Planning and Zoning Boards Administration . M*yvHii, City Clerk M cr7 R-86-162 and R-86-163 86-/GOOOL 96-163