HomeMy WebLinkAboutR-85-12481
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J-85-1213
12/20/85
RESOLUTION NO.S� —I'`
A RESOLUTION DIRECTING THE CITY CLERK TO
TRANSMIT FIVE COPIES OF A PROPOSED AMENDMENT
TO THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1976-1986 FOR PROPERTY LOCATED AT
APPROXIMATELY 3471 MAIN HIGHWAY, TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR
COMMENT; ESTABLISHING PUBLIC HEARING DATES
FOR: A) CONSIDERATION OF AN ORDINANCE
CHANGING THE ZONING CLASSIFICATION FROM
RS-1/1 TO SPI-2 FOR PROPERTY LOCATED AT 3471
MAIN HIGHWAY, AND B) CONSIDERATION OF AN
ORDINANCE. AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN FOR THE SUBJECT PROPERTY BY
CHANGING THE DESIGNATION FROM A COMBINATION
OF MIXED -USE AND LOW DENSITY RESIDENTIAL TO
MIXED -USE; SUCH DATES BEING THURSDAY,
MARCH 27, 1986, AFTER 5:00 P.M. FOR FIRST
READING, AND THURSDAY, APRIL 10, 1986, AFTER
5:00 P.M., FOR THE SECOND READING; MAKING
FINDINGS.
WHEREAS, on December 2, 1985, the Zoning Board by Resolution
ZB 161-85, by a vote of 5 to 4, RECOMMENDED DENIAL of a change of
zoning classification for property located at 3471 Main Highway
from RS-1/1 One Family Detached Residential to SPI- 2 Coconut
Grove Central Commercial District; and
WHEREAS, on December 4, 1985, the Planning Advisory Board by
Resolution PAB 67-85, by a vote of 8 to 1, RECOMMENDED DENIAL of
a proposed comprehensive plan amendment changing the designation
of the subject property at 3471 Main Highway from a combination
of mixed use and low density residential to mixed -use; and
WHEREAS, revised procedures in Section 163.3184 Florida
Statutes mandate that proposed amendments to local comprehensive
plans be forwarded to the Florida Department of Community affairs
for a 90-day review, an action precedent to a zoning change in
this instance; and
WHEREAS, Zoning Ordinance 9500 contains certain time
limitations; and
WHEREAS, the Zoning Board, on December 2, 1985, by an 8 to 0
vote, APPROVED Resolution ZB 162-85 which requested the City
Commission to waive the time limits in Subsection 3508.1 of
Zoning Ordinance 9500 and to establish future hearing dates for
ON
CITY COMMISSIONrezoning property at 3471 Main Highway; and MEETING SI
DEC 19 1985
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RESOLUTION
REMARKS.
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WHEREAS, the Planning Advisory Board, on December 4, 1985,
by an 8 to 0 vote APPROVED Resolution PAB 68-85 which requested
the City Commission to waive the time limits in Subsection 3508.2
of Zoning Ordinance No. 9500 and to establish future hearing
dates for an amendment the Miami Comprehensive Neighborhood Plan
at 3471 Main Highway; and
WHEREAS, Subsection 3513 of Zoning Ordinance 9500 allows the
Commission to establish dates certain for future public hearings
without tolling the time limits between Board actions and City
Commission actions; and
WHEREAS, nothing contained in this Resolution shall be an
endorsement of the proposed amendment to the Miami Comprehensive
Neighborhood Plan 1976-1986 for property located at 3471 Main
Highway;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Clerk is hereby directed to transmit to
the Florida Department of Community Affairs for comment, five
copies of a proposed amendment (filed October 14, 1985) to the
Miami Comprehensive Neighborhood Plan 1976-1986 for property
located at 3471 Main Highway.
Section 2. The City Commission hereby establishes public
hearing dates for A) consideration of an ordinance changing the
zoning classification from RS-1/1 to SPI-2 for property located
at 3471 Main Highway; and, B) consideration of an ordinance
amending the Miami Comprehensive Neighborhood Plan for the
subject property by changing the designation from a combination
of mixed -use and low density residential to mixed -use; such dates
being Thursday, March 27, 1986 after 5:00 p.m. for first reading
and Thursday, April 10, 1986 after 5:00 p.m. for second reading.
Section 3. It is hereby found that the Planning Advisory
Board, as the duly designated Planning Agency for the City, has
held a properly noticed public hearing on this proposed change
December 4, 1985.
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8�:-1248
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PASSED AND ADOPTED this l9th day of December, 1985.
A T :/4p-�'
XAV ER L. SUAREZ , Mayo
TTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
jP. ?'. w
0 L E. MAXWEUL
A istant City Attorney
APPROV�ASO AND CORRECTNESS:
LUCIA A. DOUGH
City Attorney
JEM/wpc/pb/B346
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8" --1248
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Pronosed Plan Amendment:
Change from:
a combination of
�� ���+.�� � � � � �� . �� . �� . +� �� �/� � ��.� � •1.�� i � �� � �� � �r •ram � �r
PROPOSED PLAN AMENDMENT: 3471 MAIN HIGHWAY
CITY OF MIAMI PLANNING DEPARTMENT, DEC-1985
Ski
PLANNING FACT SHEET
APPLICANT Howard R. Sharlin, for Howard R. Sharlin, Ken
Treister and Gerald Katcher
October 4, 1985
PETITION 2. APPROXIMATELY 3471 MAIN HIGHWAY
UNPLATTED
and
Portion of Tract "A"
THE C.W. EMERSON TRACT IN COCONUT GROVE
(35-61) P.R.D.C.
and
Portion of Lot 7 of MONROE PLAT DB (D-153)
(Complete legal description on file with the
Planning and Zoning Boards Administration
Department)
Consideration of -recommending approval of intent
to amend the Miami Comprehensive Neighborhood
Plan by changing the designation of the subject
property from a combination of mixed use and low
density residential to mixed use.
REQUEST To amend the Miami Comprehensive Neighborhood
Plan at this site to mixed use designation.
BACKGROUND Refer to supplemental History of Previous
Actions.
ANALYSIS The proposed plan amendment is a condition
requiring action prior to a change of zoning.
The proposed amendment to the Miami
Comprehensive Neighborhood Plan 1976-1986 is not
appropriate for the following reasons:
A. The proposed change would be in conflict
with the adopted Miami Comprehensive
Neighborhood Plan which recommended mixed
use only on the approximately first one
• hundred feet fronting on Main Highway, and
Which recommended low density residential (7
units per net acre) for the remainder of the
site.
B. The current proposal would permit a very
high intensity intrusion of commercial or
mixed uses on the Bay side of Main Highway,
an area which now contains only low density
residential, church, and school uses from
Peacock Park south to the City limits. The
previous Planned Development -Mixed Use
PAB 12/4/85
Item #2
8v-1248
application, with major reductions in
intensity, was recommended by this
department, but only in conjunction with a
recordable site and development plan. The
current application would provide no
limitations on intensity other than that
required by the applicable zoning district
regulations.
C. The proposed amendment is contrary to the
established land use pattern of low density
residential from Peacock Park south to the
City Limits. Only on the narrow side of the
property facing Main Highway and on a
portion of the northern boundary would the
proposed amendment abut mixed use
designation.
• D. The proposed change is out of scale with
needs of the neighborhood or the City.
Preliminary estimates indicate that the
current proposal could generate at least
500,000 square feet of either commercial or
high density office use, ranging up to
approximately 670,000 square feet of office
or commercial uses, and up to approximately
820,000 square feet of mixed uses. There is
ample mixed use designation for commercial
or office development within the Coconut
Grove Village Center area.
E. This proposal could materially alter the
traffic movement patterns within Coconut
Grove Commercial area, worsening the current
level of service.
F. The high density of this proposal is not
Justified by demand estimates for additional
office or commercial uses in the immediate
area or for additional zoning for those
types of uses.
G. This proposal would adversely influence
living conditions in the neighborhood. The
granting of the petitioned plan amendments
Kould unnecessarily extend the potential for
exclusively commercial use into a viable
residential area. The proposed change to
mixed use permits a broad range of uses,
primarily high density office or commercial
uses.
RECOMMENDATIONS
PLANNING DEPARTMENT: Denial
I
PAB 12/4/85
Item #2
Ou -1248
PLANNING ADVISORY BOARD: On November 6, 1985 deferred at applicants
request.
On December 4, 1985 recommend denial by a vote
of8to1.
11
•
PAB 12/4/85
Item #2 PT
8v -1248
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i�
74
COMMODORE BAY
HISTORY OF PREVIOUS ACTIONS
9/20/82 - Zoning Board
Request
Planning Department
Acti on
11/1/82 - Zoning Board
Action
6/19/84 - Heritage Conservation
oar
Action
6/20/84 - Planning Advisory
Board
Request
w
Planning Department
Acti on
6/28/84 - City Commission
Action
Change of Zoning from R-1B (Single
Family Dwelling) to R-1 (Single Family
Dwel 1 i ng) ; , and Peti ti on for a P1 anned
Area Development (PAD) consisting of
eleven (11) detached single family
residences and thirty five (35)
attached single family residences in
seven (7) structures.
Approval of Zoning Change. Denial of
petition for PAD.
Deferred. Resolution ZB 58-82
Deferred. Resolution ZB 202-82 and
ZB 203-82.
Applicant withdrew application on
5/21/84 by letter.
Approval
Resolution 84-22
To review the Preliminary Application
for Major Use Special Permit and
reconmend that the applicant be
permitted to file a Final Application
for Major Use Special Permit.
Approval
Approval. Resolution PAB 59-84.
Approval Resolution 84-725
8v" -V48
74
COMMODORE BAY
HISTORY OF PREVIOUS ACTIONS
9/20/82 - Zoning Board
Request
Planning Department
Action
11/1/82 - Zoning Board
Action
6/19/84 - Heritage Conservation
Board
Action
6/20/84 - Planning Advisory
Board
Request
h
Planning Department
� 9 P
Action
6/28/84 - City Commission
@(s l
r Action
u r _
v .
Change of Zoning from R-1B (Single
Family Dwelling) to R-1 (Single Family
Dwel 11 ng) ; . and Petition for a Planned
Area Development (PAD) consisting of
eleven (11) detached single family
residences and thirty five (35)
attached single family residences in
seven (7) structures.
Approval of Zoning Change. Denial of
petition for PAD.
Deferred. Resolution ZB 58-82
Deferred. Resolution ZB 202-82 and
ZB 203-82.
Applicant withdrew application on
5/21/84 by letter.
Approval
Resolution 84-22
To review the Preliminary Application
for Major Use Special Permit and
recommend that the applicant be
permitted to file a Final Application
for Major Use Special Permit.
Approval
Approval. Resolution PAB 59-84.
Approval Resolution 84-725
8" -1248
7/18/84- Planning Advisory
Board
Request
Action
9/12/84 - Planning Advisory
Board
Action
9/20/84 - City Commission
Request
Action
10/25/85 - City Commission
•
11/15/84 - City Commission
12/12/84 - City Commission
12/19/85 - Planning Advisory
Board
To recommend a Final Application for
Major Use Special Permit for the
Commodore Bay project, including a
deviation from the Waterfront Charter
Amendment, permission for tree removal
and development within Environmental
Preservation District 46-5, change in
sector number from RS-1/1 to RS-1/4
One -Family Detached Residential and
change in zoning classification from
RS-1/4 to PD-MU/4 Planned Development -
Mixed Use.
Continued
Denied:
1) Major Use Special Permit
2) Zoning Change to RS-1/4
3) Zoning Change to PD-MU/4
1) Major Use Special Permit: Continued
2) Zoning Change to RS-1/4
First Reading: Passed
3) Zoning Change to PD-MU/4
Passed: First Reading.
Continued both the change of zonings
and the Major Use Special Permit
request.
Continued to special meeting of
12/12/84.
Denied
Removed by Administration.
8u -124S
2/14/85
City Commission Personal appearance of applicant.
2/28/85 - City Commission
5/21/85 - Heritage Conservation
Board
Request
Action
5/28/85 - Heritage Conservation
Board
Action
7/15/85 - Zoning Board
Request
LI
To waive time limits to allow an
application for rezoning and Major Use
Special Permit to be filed within the
18 month period from the date of the
City Commission's last action on this
property.
Continued to 2/28/85.
Applicant granted waiver of time
limits. Motion 85-214.
Preliminary application for a
Certificate of Approval involving tree
removal and relocation.
Continued
Denied
Resolution HC 85-16
A. Change of Zoning (sector number
only) from RS-1/1 to RS-1/4
One -Family Detached Residential.
B. Request for a waiver of time
limitations between rezonings.
C. Change of Zoning from RS-1/4 to
PD-MU Planned Development Mixed Use
as per plans on file, with
modifications.
1. Allow elevation + 63.25 at the
penthouse structures (+ 54.0'
permitted), and side light
planes penetration for 18.0'
horizontal and 11.0' vertical
along north and south property
lines (no light plane
penetration allowed).
6u �1�Gr�0
ILI
Planning Department
2. Al ow 8.5' side yards along the
north and south property lines
(10.0' required).
3. Allow external yards varying
from 8.5' to 16.0' along the
north and south property lines
(25.0' required).
4. Eliminate the external the
required 10.0' landscaped area
along the Main Highway.
S. Allow a 16.0' yard adjacent to
St. Stephens Church site (20.0'
required).
6. Allow the northern and southern
apartment buildings to project
5.0' vertically and 8.0'
horizontally.
7. Allow a 8.5' landscaped area
(10.0' required) along the north
and south side property lines.
0. Modification from the Waterfront
Charter Amendment with reduction of
waterfront setback of 16.0' to 46.0
(50.0' required), and reduction of
aggregate side yards to 7% or 17.0'
for 245' wide lot (25% or 61.25'
aggregate side yards required).
A. Approval
B. Approval
C. Approval
1. Denial. No exceptions to the
F7ane— III height limits.
Variations to the light plane
requirements should be denied
except to the extent that first
and second level structures
maintain a 16' setback and third
level structures maintain a 40'
setback from side property
lines.
2. Denial. A 10' landscaped
setback should be provided.
�r'--1248
Zoning Board
11
D. Denial of the proposed reduction of
one 50' required setback.
Approval of the proposed reduction
67-- e- 25% required side yard
setbacks. The project provided a
35% total view corridor through the
property to the bay.
The project is not in conformance
with Dade County Waterfront Charter
Amendment and must go before County
review boards for consideration and
recommendations.
A. Denied
B. Denied
C. Denied
1. Denied
2. Denied
3. Denied
4. Denied
S. Denied
8v -1248
6. Denied
7. Denied
D. Denied
7/17/85 Planning Advisory Board
REQUEST: To recommend a Major Use Special Permit; an
amendment to the Miami Comprehensive
Neighborhood Plan by changing the designation to
residential commercial, and incorporating
recommendations of the HC Board and Zoning
Board.
PLANNING DEPARTMENT: A. Approval of the Major Use Special Permit,
with modifications.
B. Approval of the plan amendment.
PLANNING ADVISORY BOARD: Denial. Resolution PAB 48-85.
9/12/85 City Commission Applicant withdrew application by letter dated
9/11/85.
TRACT •a'
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22 PAB December 4, 1685 AS•46
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Item 92 AP-
21 la Approximately 3741
��ci�:��i :`..G_ :•, ,•„ .�: Pain Highway
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RESOLUTION NO. PAB.
RESOLUTION RECOMMENDING DENIAL OF CONSIDERATION
OF AMENDING THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE DESIGNATION OF THE PROPERTY
GENERALLY DESCRIBED AS APPROXIMATELY 3471 MAIN
HIGHWAY FROM A COMBINATION OF MIXED USE AND LOW
DENSITY TO MIXED USE.
(d) To: CR-1, CR-29 0.10 per sq.ft. of net lot area, minimum
CR-3, Oil, CG l , M0.00
CC-29 WF49 WF-R,
1-1,1-2; SP14-It2,5,7,
809, 11,12
(e) To: CBD-I, SPI-6 �600.00
0.12 per sq.ft. of net lot area, minimum
(f) For any change in a sector number only, for a particular district classifica-
tion, the fee shall be the some as for a change in its district classification, as
shown in (b) through (e) above.
(g) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00;
to be refunded if there is no appeal. (City Code - Section 62-61)
Signature
Name Howard R. Scharlin '
Address 1399 S.W. 1st Avenue, Miami, FL 331
Phone 358-4222
STATE OF FLORIDA') SS:
'COUNTY OF DADE )
Howard R. Scharlin , being duly sworn, deposes and
says that he is the(Owner) Authorized Agent forOwner) at 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.
SWORN TO AND SUBSCRIBED
before me this 3 ,C day
of_._- 8 .S.
MY COMMISSION EXPIRES:
Form 25-83
•
(SEAL)
Notary Public, t of ida at Large
8E -1248
If
1
pLICATION FOR AMENDMENT TO_ZONING ATLAS File Number ZA-133-,.
NO.RECEIVED*
1Howard T. Scharlin , hereby apply to the City Comrnis.
sion of t e ity o iami or an amen men; to the oning Atlas of the City of Miami as
more particularly described herein and, in support of that request, furnish the following
information:
X 1. Address of property 3471 Main Highway, Coconut Grove, Florida
X� 2. Two surveys, prepared by a State of Florida Registered Land Surveyor. (Attach to
application)
3. Affidavit disclosing ownership of property covered by application and disclosure of
interest form (Form 4-83 and attach to application).
X 4. Certified list of owners of real estate within 375' radius from the outside
'— boundaries of property covered by this application. (See Form 6-83 and attach to
X application.)
5. At least two photographs that show the entire property (land and improvements).
X 6. Atlas sheet(s) on which property appears #46
X 7. Present Zoning Designation RS-1 / 1
X_ S. Proposed Zoning Designation SPI-2
X_ 9. Statement explaining why present zoning designation is inappropriate. (Attach to
application)
t `I0. Statement as to why proposed zoning designation is appropriate. (Attach, to 00i-
cation) a) Request for change in City of Miami
X 11. Other (Specify) Comprehensive Neighborhood Plan; b) Statement
ong ,
X 12. Filing Fee of $ 27 212.50 according to following schedule: Peacock Park.
(a) To: RS-1, RS-I.1, RS-2, N0.00
04 per sq.ft. of net lot area, mininwm
RC I, PD-H, PD-HC,
(b) To: RG-2, RG-2.1, $0.06 per sq.ft. of net lot area, mininwrn
RG-2.3, RO- It $3S0.00
RQ-2.
(c) To: PC- 2.2, RC; • 31
6
S0.08 per sq.ft. of net lot area, minirrom
400.00
APPROPRIATENESS OF THE PROPOSED COMPREHENSIVE PLAN DESIGNA-
TION: The proposed change to the Comprehensive Plan is appropri-
ate because of changed circumstances within the surrounding
area. Specifically, the proposed Comprehensive Plan change
allows a concentrated development of mixed uses in a spatial
arrangement offering continuous retail uses and a positive pedes-
trian experience. The proposed comprehensive plan designation
enhances the economic vitality of the Coconut Grove Village
Center and the existing policies reflected in the Village
Center's present SPI-2 zoning classification which was recently
adopted as part of the Zoning Ordinance rewrite. Land use
changes within the surrounding area make the proposed Comprehen-
sive Plan designation the highest and best use of the subject
property. The public interest and objectives of the requested
Comprehensive Plan amendment are the same as that set forth under
the existing SPI-2 zoning regulations -Sec. 1520-1529.
INAPPROPRIATENESS OF THE EXISTING COMPREHENSIVE PLAN DESIG-
NATION: The existing comprehensive plan designation is inappro-
priate because of changed circumstances within the surrounding
area. Specifically, the present comprehensive plan designation
does not provide for mixed land uses and does not enhance the
economic vitality of the Coconut Grove Village Center. Addition-
ally, the present comprehensive plan designation does not contri-
bute to a broadening of the pedestrian experience within the
Coconut Grove Village Center. Changed circumstances within the
surrounding area cause the present comprehensive plan designation
to not be the highest and best use of the land.
CNJ04MS2
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AFFIDAVIT
STATE OF F LrjUDA )
SS.
COUNTY OF DADE )
Before me, the undersigned authority, this day personally
appeared Howard R. Scharlin who being by rte 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 permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the 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.
k. The facts as represented in the application and docurents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
(Name1
Sworn to and Subscribed before me
this A? day of �c7''. 19�•
Notary Public, State FloF& at Large
My Com dSSion Expires' 11111: Y PUBM STATE Cr mirn
RECEIVED
By
CONTROL
N0 -S
OWNER'S LIST
Owner's game Ken Treister
Mailing Address 2699 S. Bayshore Drive, Suite 1000n, Miami, FL 33133
Telephone Number (305) 858-2416
Legal Description: (see Exhibit "A" attached hereto and made -a
part hereof)
Owner's Name
Howard R. Scharlin
Mailing Address 1399 S.W. 1st Avenue, 4th floor, Miami, Florida 33131
Telephone Number (305) 358-4222 .
Legal Description: (See Exhibit "A attached hereto and made a
part hereof)
Owner's Name Gerald Katcher
Mailing Address 1399 S.W. 1st Avenue, 4th floor, Miami, Florida 33131
Telephone Number (305) 358-4333 _
Legal Description: (see Exhibit "A" attached hereto and made a
part hereof)
Any ot.. • real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows: None:
Street Address
Street Address
Street Address
w
Legal Description
Legal Description
Legal Description
8s-1248
u
1.
r
DISC=ME OF 06TdEiSNIP
Legal description and street address of subject real property;
SEE LEGAL DESCRIPTION IDENTIFIED AS EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
3471 MAIN HIGHWAY, COCONUT GROVE, FLORIDA
2. Owner(s) of suuj,&ct real proi-a..mand' percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
1. Ken Treister, 2699 S. Bayshore Drive, Suite 1000D, Miami,
Florida 33133 (305) 858-2416 (50%)
2. Howard R. Scharlin, 1399 S.W. 1st Avenue, 4th floor, Miami,
Florida 33131 (305) 358-4222 (25%)
3. . Gerald Katcher, 1399 S.W. 1st Avenue, 4th floor, Miami,
Florida 33131 (305) 358-4222 (25%)
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located with::.
375 feet of the subject real property. NONE
'61
OWNER OR ATlOF14EY MR CWNER
STATE OF FLORIDA ) SS:
CC(TLCY OF MADE )
Howard Scharlin , being duly sworn, deposes and
says UME ne is the (owner) (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 earplete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
forty on behalf of the owner.
//t-� (SEAL)
(Name)
SWOR4 TO AND SUBSCRIBED
before me this A a(
day of CA) 1j7- 7T93.5
Nctary Public066tate
Florida at Large
MY CO^MISSION EXPIPES:
1.
D1SCLC:SUi;E OF WIE3SHIP
Legal description and street address of subject real property..
SEE LEGAL DESCRIPTION IDENTIFIED AS EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF.
3471 MAIN HIGHWAY, COCONUT GROVE, FLORIDA
2. Owner(s) of sw;mt real pros aZ and- percentage of ownership.
Note: City of Miami Ordinance No. 9419 requires disclosure of all parties
aving a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
1. Ken Treister, 2699 S. Bayshore Drive, Suite 1000D, Miami,
Florida 33133 (305) 858-2416 (50%)
2. Howard R. Scharlin, 1399 S.W. 1st Avenue, 4th floor, Miami,
Florida 33131 (305) 358-4222 (257)
3. . Gerald Katcher, 1399 S.W. 1st Avenue, 4th floor, Miami,
Florida 33131 (305) 358-4222 (257)
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located witht.
375 feet of the subject real property. NONE
.61
OWNER OR ATIORvEY MR CWNE:R
STATE OF FLORIDA ) SS:
COULICY OF DADE )
Howard Scharlin , being duly sworn, deposes and
says that ne is the (owner) (Attorney for Owner) of the real property -
described in answer to question #1,. above; that he.has read the foregoing
answers and that the salve 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)
•((Name)
SWOEM TO AMID SUBSCRIBED
before me this 3A-O..(
day of 198 S
Nctary Fuolic, tate
Florida at Large
MY COMMISSION EXPIRFS: � ;: ; _ T''
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or Man S
Om or un
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the amen of the real d
that he hu red theIm aAS"ral
er �o OuedE I , IMPS
that the am are true wd em.
Plate$ WkYd °r at be has t*! a ity to c e this �iiaelaam v 0wr
ship.. � an bmatt of
.
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'�a/'4m, TO AND ��Cti� S
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seem � this '
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I
tary Pleb le, state of
Florida at LatVa
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W COMMISSICh, MWIMS: .
AM
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ri
' Sylvia Lowman
Deputy City Clerk
'Jr;v
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r
Joel E. Maxwell
Assistant City Attorney
December 20, 1985
Agenda Item PZ-6 City Commission
Agenda of December 19, 1985
.:Our telephone communication
of the morning of 12/20/85
Attached hereto is a revised resolution addressed in agenda item
PZ-6. It is to be substituted and forwarded to Florida
Department of Community Affairs along with five copies of the
proposed amendment to the Comprehensive Plan.
Please use this revised resolution in lure of the one that was
originally in the package.
I have contacted Ginny Barbanera in the Planning Department and
asked her to please forward five copies of the proposed plan to
you for attachment to this document prior to transmittal to the
DCA .
Said transmission should take place as soon as possible.
JEM/md/B119
cc: Sergio Rodriguez .
Director of Planning Department
Aurelio Perez-Lugones
Director of Planning & Zoning
Boards Administration
Is
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
PZ=6
TO Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odi o
City Manager
i
DATE December 11, 1985 FILL:
SUBJECT RESOLUTION - TRANSMITTAL OF PLAN
AMENDMENT; FUTURE PUBLIC HEARING DATES
FOR 3471 MAIN HIGHWAY (AKA COMMODORE BAY
FtEFERENces!AGENDA ITEM - CITY COMMISSION
ENCLOSURES.MEETING DECEMBER 19, 1985
It is recommended that the Commission direct the Ci
Clerk to transmit a Pr000sed amendment o the Mia
located at 3471 Main Hi
classification
located a aim Highway an consideration of
an ordinance amending the Miami C2Mrehensive
Neighborhood Plan or the -subject property By c ang ng
low den
Thursda
Ina on rom a combination of mixed use and
ty residential to mixed use; such dates being
March 27, 1986 after 5:00 PM-75'rfirst
reading and 1hursday, April 10, 1985 after 5:00 PM for
second reading, per the attached resolution.
On December 2, 1985, the Zoning Board by Resolution ZB 161-86 by a vote of 5
to 4 recommended denial of a change of Zoning Classification for property
located at 3471 Main Highway from RS-1/1 One Family Detached Residential to
SPI-2 Coconu rove Central Commercial District.
On December 4, 1985, the Planning Advisory Board by Resolution PAB 67-85 by a
vote of 8 to 1 recommended denial of a proposed plan amendment changing the
designation of the subject property at 3471 Main Highway from a combination .of
mixed use and low density residential to m xe use.
Revised procedures in Section 163.3161 F.S. require that amendments to local
comprehensive plans be forwarded to the Florida Department of Community
Affairs for 90-day review.
Zoning Ordinance 9500, Subsection 3508.1 and 3508.2, specifies time -frames
(30-46 days) to move recommended legislation from the Zoning Board/Planning
Advisory Board to the City Commission, unless a longer time be mutually agreed
upon between the Boards and Commission. Accordingly, on December 2, 1985 the
Zoning Board approved Resolution ZB 162-85 by an 8 to 0 vote as follows:
8"��-1248
x
Honorable Mayor and Members Page 2 December 11, 1985
of The City Commission
RESOLUTION ZB 162-85
"A RESOLUTION REQUESTING THE CITY COMMISSION TO WAIVE
THE TIME LIMITS TO ESTABLISH DATES CERTAIN FOR
CONSIDERING AN ORDINANCE CHANGING THE ZONING
CLASSIFICATION FROM RS-1/1 TO SPI-2 FOR PROPERTY
LOCATED AT 3471 MAIN HIGHWAY; THE APPROPRIATE DATES
BEING THURSDAY, MARCH 27, 1986, AFTER 5:00 PM FOR
FIRST READING AND THURSDAY, APRIL 10, 1986, AFTER 5:00
PM FOR SECOND READING, PER SECTION 3508.1 OF ZONING
ORDINANCE 9500, AS AMENDED."
On December 4, 1985 the Planning Advisory Board approved Resolution PAB 68-85
by an 8
to 0 vote, as follows:
RESOLUTION PAB 68-85
A RESOLUTION REQUESTING THE CITY COMMISSION TO WAIVE
THE TIME LIMITS AND TO ESTABLISH DATES CERTAIN FOR
CONSIDERING AN ORDINANCE AMENDING THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FROM A COMBINATION OF
MIXED USE AND LOW DENSITY RESIDENTIAL TO MIXED USE FOR
,n_
T
PROPERTY LOCATED AT 3471 MAIN HIGHWAY; THE APPROPRIATE
DATES BEING THURSDAY, MARCH 27, 1986, AFTER 5:00 PM
FOR FIRST READING AND THURSDAY, APRIL 10, 1986, AFTER
5:00 PM FOR SECOND READING PER SECTION 3508.2 OF
ZONING ORDINANCE 9500, AS AMENDING AND IN CONFORMITY
WITH SECTION 163.3184 F.S.
t
The attached
resolution responds to Subsection 3513 of Zoning Ordinance 9500
whereby
establishment of dates certain for future public hearings stays the
r.r
time.
CHO/SR
��i
�y.
FF r•
- 2-
8��-124�
LAW OFFICES
HUBER R. PARSONS, Jn., P. A.
SUITE 601 BRICKELL CENTRE
799 BRICKELL PLAZA
MIAMI, FLORIDA 30101
TELEPHONE (305) 374-4550
November 26, 1985
VIA HAND DELIVERY
Mr. Walter Pierce
Assistant City Manager
The City of Miami
3500 Pan American Drive
Miami, Florida 33133
Re: Real Property located at c. 3471 Main Highway, Coconut
Grove, Miami, Florida; "Commodore Bay" Property (the
"Property"); Application(s) for Amendment to Zoning
Atlas (and Request for Change in City of Miami
Comprehensive Neighborhood Plan) [and like matters]
(collectively, for convenience, the "Application")
Dear Mr. Pierce:
It has come to the attention of certain of the numerous
concerned citizens and community organizations involved in the
above -referenced matter that it is possible that the City
Commission may consider the Application (in respect only of
whether or not to transmit it to the Department of Community
Affairs of the State of Florida) at its meeting to occur during
the latter half of December 1985. As that scheduling is, for the
reasons known to all of us but nonetheless outlined below, quite
inconvenient to and burdensome on the community, this letter
constitutes a request that such consideration of the Application
be scheduled/re-scheduled for the Commission's regular late
January meeting.
During the last C. seventy-five (75) days, the
owners/developers have caused to be cancelled or deferred not
less than four (4) public hearings or meetings. Accordingly, it
is the owners/developers who have put into effect the current
scenario.
In consequence of the several hearing and meeting
cancellations or deferrals (and in addition to the question which
is being highlighted by these activities as to the matter of the
bona fides or seriousness of the Application), it appears that
the City's planning and zoning processes are being whimsically
used [or, perhaps better put, abused] by the owners/developers
and that the same has resulted in truly great unfairness,
inconvenience, consternation, and frustration to the citizenry
8�-1248
Mr. Walter Pierce
November 26, 1985
Page 2
which, as you know, directly involves some hundreds of persons
and more than a score of community organizations.
Even though, as noted, the most recently scheduled four (4)
public hearings or meetings did not occur, there were nonetheless
wasted untold hundreds of hours of citizen and community
preparation and time, since the owners/developers caused
cancellations and deferrals did not occur in each instance until
an "eleventh hour".
There now appears to be an indication that, following the
hearings next week (December 2, 1985, before the Zoning Board and
December 4, 1985 before the Planning Advisory Board), the
Application may be scheduled to be brought, as noted above,
before the City Commission at its meeting on such matters to
occur during the latter half of December 1985.
As everyone knows, that period of time, i.e., the last half
of December, is a time of special importance to almost all of us
in the Miami area -- and, for that matter, the entire nation. It
is a time of special religious observances for those of both the
Christian and Jewish faiths; it is a time when children enjoy
school holidays and rightly require the attention of their
parents; it is a time when people plan at-home and out-of-town
holiday vacations; and it is, in general, a time that people like
to be with their families and not burdened or troubled by
time-consuming and controversial events.
Consequently, this letter constitutes a request that no
public hearing be scheduled before the City Commission until its
regular late January meeting.
It is unclear whether the owners/developers will have any
objection to this request; but it is clear that the owners/
developers have no proper objection to this request on account of
their own prior course of conduct.
Thank you very much for your consideration of this request
and for your favorable disposition of it.
Viktruly yours,
Huber R. Parsons, Jr
HRP/st
cc: (see attached list)
HUBER R. PARSONS, JR., P. A.
N
Mr. Walter Pierce
November 26, 1985
Page 3
Mr. Gerald Katcher
Mr. Howard R. Scharlin
Mr. Kenneth Treister
c/o Howard R. Scharlin, Esq.
Alberto R. Cardenas, Esq.
The Honorable Xavier Suarez
Mayor
The Honorable Joe Carollo
Vice Mayor
The Honorable Miller J. Dawkins
Commissioner
The Honorable Rosario Kennedy
Commissioner
The Honorable J. L. Plummer
Commissioner
Ms. Matty Hirai, City Clerk
City of Miami (for inclusion into files)
Mr. Sergio Pereira
City Manager
Lucia Allen Dougherty, Esq.
City Attorney
Joel Maxwell, Esq.
Assistant City Attorney
Mr. Sergio Rodriguez, AICP
Director, Planning Department
Mr. Aurelio E. Perez-Lugones, Director
Planning & Zoning Boards Aministration Dept.
Janet L. Cooper, Esq.
Ms. Linda Dann
David Doheny, Esq.
Ms. Marjory Stoneman Douglas
Mr. Bernardo Fort -Brescia, A.I.A.
Huwm R. PARSONS, JR., P. A. Sv �12A
i
i
Mr. Walter Pierce
November 26, 1995
Page 4
Mrs. Eugene A. Hancock
Ms. Sallye Jude
David B. McCrea, Esq.
Ms. Mary Munroe
Timothy S. Murphy, Esq.
Karl Muench, M.D.
Ms. Arva Moore Parks
Jack R. Rice, Jr., Esq.
Kenneth L. Ryskamp, Esq.
The Right Reverend Calvin O. Schofield, Jr., S.T.D.
N. Fraser Schuh, III, Esq.
Mr. Michael Simonhoff, A.I.A.
Ms. Laurinda Spear, A.I.A.
American Association of University Women
Attn: Ms. Barbara Miller Beaudry
Central Grove Homeowners
Attn: Mr. Michael L. Smyser IV
Coconut Grove Chamber of Commerce
Attn: Mr. Ed Boen
Coconut Grove Civic Club
Attn: Mr. Jim McMaster
Ms. Carol Knisely
Coconut Grove Parent/Teacher Association
Attn: Ms. Susan McGrath
The Cousteau Society
Dade Heritage Trust, Inc.
Attn: Donald D. Slesnick, II, Esq.
Mr. John Ward Clark
Democratic Club of Greater Miami
HUBER R. PARSONS, JR., P.A. Su `�12'tC7
I
Mr. Walter Pierce
November 26, 1985
Page 5
Florida Historical Society
Attn: Mr. Randy Nimnicht
Florida Trust for Historic Preservation
Attn: E. L. Roy Hunt, Esq.
Friends of the Everglades
Attn: Ms. Marilyn Reed
Grove Park Homeowners Association
Attn: Ms. Theodora Long
Historical Association of Southern Florida
Attn: Ms. Marsha Kanner
Mr. Randy Nimnicht
Junior League of Miami
Attn: Ms. Becky Roper Matkov
Ms. Jeannett Slesnick
Key Biscayne Taxpayers Association
Attn: Ms. Dorothy M. Cohen
Miami Civic League
Attn: Mr. Bob Worsham
National Trust for Historic Preservation
Attn: J. Jackson Walter, Esq.
The Sierra Club
Attn: Ms. Mary Therese Delate
Mr. George Fedorko
Tigertail Association
Attn: Ms. Thelma Altshuler
Tropical Audubon Society, Inc.
Attn: Dr. Robert Kelley
The Villagers
Attn: Ms. Patricia B. Godard
HUHER R. PARsoNs, JR., P. A. 8" -1248
CITY Or WAkil, FLCiRIL�A
INTER -OFFICE MEMORANDUM
TO Matty Hirai E December 30, 1985 FILE
City Clerk
3471 Main Highway
ATTN: Sylvia Lowman
Item PZ-6; City Commission Agenda
FROM l /'Ii JY /fir r/i/r :.. cFrf pFr�;-f-c
SAI1'6 Rodriguez, Director December 19, 1985
Planning Department
Per the advice of the Law Department, enclosed are five (5) copies of attachments
to the resolution of transmittal to the Florida Department of Community Affairs on
the above -referenced item.
SR/JWM/rj
Attachments
cc: Aurelio Perez-Lugones, Director
Planning and Zoning Boards Administration
Lucia A. Dougherty, City Attorney
Law Department
ATTN: Joel Maxwell, Assistant City Attorney
i
i,
December 31, 1985
r
Mr. Michael Garretson
Director
Florida Department of Veteran and Community Affairs
Division of Local Resource Management
2571 Executive Center Circle East
Tallahassee,, Florida 32301
RE: 3471 MAIN HIGHWAY COMPREHENSIVE PLAN
Dear Mr. Garretson:
Enclosed herein please find five copies of Resolution No. 85-
12148, passed and adopted by the City of Miami Commission at its
meeting held on December 19, 1985, which is self explanatory.
On behalf of the City of Miami, thank ou for your attention.
e trine yours,
atty Hirai
City Clerk
MH:sl
ENC: a/s
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