HomeMy WebLinkAboutSubmittal-1700 SW 3rd Ave. (Sevennine) DocumentLU �
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1700 SW 3rd Avenue � S2
("Sevenninek'°° m wU:)
Appeal of Zoning Administrator's
Determination Denying
Issuance of Building Permit
Sevennine Sign- Outlook
Media of South Florida
v Lease or ownership interest in the site
V"'FIDOT Form 575-070-04 signed by the City
✓FDOT permit (Tag)
. Building Permit
. Amended Permit pursuant to a Settlement
Agreement (Section 10.4.5)
•
Removal of 2 prior si ns to construction of the
g
proposed sign Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Building Permit should issue to
Outlook Media of South Florida
• CBS consented to the approval of the FDOT permit
application for Outlook, on CBS' behalf
• City approved FDOT form in Outlook's name, which
provides the outdoor advertising sian is V%in
compliance with all duly adopted
and has been or will be issued
permits"
local ordinances
the necessary
"Necessary permits" includes a building permit
• In reliance, Outlook purchased the Hampton Inn
Tag and went through an expensive administrative
hearing preserving the Sevennine location Submitted into the public
record in connection with
item PZ.3 on 0505
Priscilla A. Thompson
City Clerk
CBS Changed their Position
• CBS was asserting that Outlook is trying to
take one of CBS' Amended Permits
• This is not true- Outlook has only applied for a
building permit- NOT an Amended Permit
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Direct Re -processing of
Building Permit
. Issuance of Building permits to Outlook will
moot pending writ of mandamus against
City of Miami
. Terms of the assignment of the lease, FDOT
permit, and building permit are private
business matter between CBS and Outlook,
but approval of the building permit takes the
City out of the middle
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Direct Re -processing of
Building Permit
. No liability or default under CBS
Settlement Agreement- Outlook is not
taking an Amended Permit from CBS
. Proffered Conditions
"Amended Permit" allocated prior to
construction
No LED
Submitted into the public
record in connection with
item PZ.3 on 0505
Priscilla A. Thompson
City Clerk
Sevennine Sign- Outlook
Media of South Florida
V Lease or ownership interest in the site
✓FDOT Form 575-070-04 signed by the City
✓FDOT permit (Taq)
. Building Permit
. Amended Permit pursuant to a Settlement
Agreement (Section 10.4.5)
. Removal of 2 signs prior to construction of the
proposed sign
Submitted into the public
record in connection with
item PZ.3 on 05059
Priscilla A. Thompson
City Clerk
Questions?
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Reserve Time for Rebuttal
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
�s
Submitted.into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
12/12/2008 15:37 8775489120
LLC
'h Road
Miami, FL 33129
C1Stig xxf �Ctttmi
December 8, 2008
Outlook Media of South Florida, LLC
2295 S. Hiawassee Rd., #203
Orlando, FL 32835
PAGE 02
PEDRO G, HERNANDEZ, P.E.
City Manager
CERTIFIED NAIL
RET[TM RECEIPT(S) REQUESTED
7006. 2760 0001 5320 2759
7006 2760 0001 5320 2742
Re: Building Department Permit Application for Construction of Billboard
Job Site: 1.700 SW 3`d Ave., Miami, FL
Sevennine Site
Gentlemen:
The Building Department is in receipt of a Permit Application, received
November 6, 2008, for the construction of a billboard at the above -referenced location.
This Application is denied for the following reasons:
Section 10.4.5 of the Miami Zoning Ordinance provides as follows:
10.4.5. Outdoor advertising signs; new signs of outdoor
advertising prohibited.
For the purposes of this section, "Outdoor advertising
signs" are signs used in the conduct of the outdoor
advertising business, an outdoor advertising
business, for the purpose of this section, is defined
as the business of receiving or paying money for
displaying signs where the sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
displayed and which does not identify the place of
business as purveyor of the merchandise or services
advertised on the sign.
Excent as otherwise provided in Articles 4 and 10 and/or
the City Code, or, pursuant to this subsection. no
new freestanding "Outdoor advertising signs," as
defined above shall be allowed.
DEPARTMENT OF ZONING
444 S.W. 2nd Avenue, 4"Floor, Miami, FL 33130 (305).116-1499 Telecopier (305) 416-1490
Mailing, Addre5s: P.O. Box 3307pH Miami, Florida 33233-0708
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12/12/2668 15:37 8775489126 PAGE 63
-- �. ^--._. �-
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Sevennine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 2
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
11000 adopted in 1990, the Zoning Ordinance of
the City of Miami, and dealing with "Outdoor
advertising signs, is hereby repealed to the extent it
is inconsistent with any provision contained in this
Article. Nothing, however, in this Article shall
affect those provisions of Section 926.15 requiring
the termination and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than five (5) years following
the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and
such provisions shall continue to be operative and
given full force and effect. Moreover, nothing in
this Article shall affect any legal proceedings begun
and all legal proceedings that might have been
begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
shall be given full force and effect.
Notwithstanding any provision of this Zonin,e Ordinance to
the contrary,permits for outdoor advertising: signs
may be issued pursuant to a Settlement Agreement
authorized by Resolution passed by the Citv
Commission in conjunction with the settlement of
related litigation which expressly authorizes
issuance of such permits for said outdoor
advertising si ns and then only under the terms and
conditions of settlement agreements that result in a
net reduction in the party to the settlement's number
of outdoor advertising si ng s located in the City
Miami.
Consequently, no new "Outdoor advertising signs" are permitted in the City of
Miami (hereinafter the "City") except pursuant to a Settlement Agreement authorized by
the City Commission that results in a net reduction in the number of "Outdoor advertising
signs" located in the City. The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008.
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter "FDOT")
regulations for any Outdoor advertising sign constructed under the Settlement
Agreement. FDOT requires a permit for the construction of Outdoor advertising signs, to
enforce their spacing regulations. FDOT requires the applicable municipality to sign -off
on the permit prior to its issuance.
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12/12/2008 15:37 8775489120 PAGE 04
Sevennine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 3
On May 2, 2008, CBS authorized Outlook Media of South Florida, LLC.
(hereinafter "Outlook Media"), to file applications for outdoor advertising permits with
FDOT on.CBS' behalf, and notified the City of that authorization. (See letter attached as
Exhibit "A").
On June 26, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Application for Outdoor Advertising Sign Permit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
" qs in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "B"). To
date, the City has not been provided any information that an FDOT permit has been
issued for this site.
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
provided with any evidence that CBS has assigned its rights under the CBS Settlement
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
On November 6, 2008, Outlook Media, as lessee, and Sevennine, LLC., as owner,
submitted to the City the subject Permit Application for an Outdoor Advertising Sign at
the above -referenced site without providing any evidence of: (a) CBS' consent to,
approval of. or joinder in, the Application; (b) an assignment of rights in the CBS
Settlement Agreement to Outlook Media approved by the City Commission; and/or (c)
the satisfaction of the other requirements for the erection of an Outdoor advertising sign
under the CBS Settlement Agreement, including, but not limited to, the applicable sign
removal requirements and permit fees. This is in addition to the failure to secure an
FDOT permit for this site as indicated above. These material omissions prevent us from
taking any further action at this time except to deny the subject Permit Application..
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
Consequently, the City reserves the right, should it be necessary in the future, to assert
any other deficiencies, technical or otherwise, that may exist in this Permit Application.
Should you have any questions, please do not hesitate to contact me. Thank you.
Sincerely,
T
es Slazyk
. ( Zoning Administrator
i
/I--- ----- --
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
12/12/2009 15:97 9775499120 PA'GE 05
Sevennine, LLC
Outlook Media of South Florida, LLC
December 8, 2008
Page 4
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
12/12/2006 15:.107 8775489120
PAGE 06
Senior Director
City Manager's Office
Ci ty of Miami Y,
444 SW 2nd Avenue
Miami, Florida 33130
Dear Orlando,
CBS Outdoor, Inc. and Outlook Media of South Florida, Ccf or
understanding datEFd May 1, 2008 (the "Agreement"). accept this letter as
confirmation that in accordance with the terms of the Agreement, CBS Outdoor, Inc.
consents to outlook Media of South Florida, LLC filing Applications for Outdoor
Advertising Permits with the Florida Department of Transportation on our behalf.
Yours truly,.
S Outdoor, Inc.
VP OF Real Estate SE
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
69�1)4 CYPPJ5S PARK DRIVE, TAMPA, FL 33634-4462 1 (813) 668 5541 * VAX (613) 886-9744 - cbsoutdoor.com
May 2, 2008
K.,
3
Toledo
Orlando
Senior Director
City Manager's Office
Ci ty of Miami Y,
444 SW 2nd Avenue
Miami, Florida 33130
Dear Orlando,
CBS Outdoor, Inc. and Outlook Media of South Florida, Ccf or
understanding datEFd May 1, 2008 (the "Agreement"). accept this letter as
confirmation that in accordance with the terms of the Agreement, CBS Outdoor, Inc.
consents to outlook Media of South Florida, LLC filing Applications for Outdoor
Advertising Permits with the Florida Department of Transportation on our behalf.
Yours truly,.
S Outdoor, Inc.
VP OF Real Estate SE
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
69�1)4 CYPPJ5S PARK DRIVE, TAMPA, FL 33634-4462 1 (813) 668 5541 * VAX (613) 886-9744 - cbsoutdoor.com
12/12/2008 15:37 877548912.0
PA -GE 07
FLORIDA DEPARTMENT OF TRANSPORTATION 67VYA'
- RiGM OFOF WAY
00c - DOB
RE: Application for outdoor advertising sign permit
To be completed by applicant:
Name of Applicant or Company: int 1 nnk Midi;;, of Sc-»ith Fl nri cia Tjj,C _
Sign is' ❑ existing X® proposed
County: Miami -17aA2 Municipality, If applicable: --�-'i rjr of Miami _
Highway Narne & Number. I - 9!j
Sign location description: 1700 SW i A-ir/AnnYox. 1 29 1 W of T -95
Section: �'" Township: 5 �
Range:
Parcelb#: -4138- -20` 0
To be completed by appropriate zoning official:
,
P
Designation of parcel on the Future Land Use Map:
/
'• Y
[`"7LWtn --r_ Z
The allowable land uses under this design 'on are (IIs! alil):
Current zoning of parcel (from Land Development Regulations): _
f >>) "a
.I); r �/°-TL'rl
The allowable land uses under this eslg tion a (list
'o ,J
NOTE: Copies of the applicable pages of the land use dosumen
may be submitted in lieu of listing all allow 'Die use:
above. ,
i
Is location within city limits: �es ❑ No If yes, name of ci
� ' I
y.�C--
Please provide the name and telephone number of the person theDepartment
may contact if additional information is
required:
J _
i
I I `�
Name: c^'7 a .c
Telephone #: 7 C-5` j� ((e t r
i
as It Is shown on the current compre"nsive
I certify that the above information reflects the designation of the parcel
plan adopted pursuant to chapter 163, Florida Statutes, and that I
am authorized to sign this form on behalf �f the
countylmunini Iffy named above;
6lgnatute O Govethmen/t O tial
Date
/
' ./C.- ..S r lG' -e-,V :� c-: r 1 r
l /
/I �:` r 4 ri, , r? ,.5 Trvz `{I % I
nn ame an it e
NOTE: Form must be completed not more than six (6) months pt
or to receipt of the completed outdoor advl3rtieing pe
application by the De artment.
Local Government Permission- Pleas® complete the items be
w, You may 9utxnit another form of wri stateme
indicating that the sign complies with ell local governmental requ
rements. For a proposed sign location, a cppy of the
bultding permit Issued by the local government may be submitte
The outdoor advertising sign Identified in thls application:
�jl.�
s
e.
1 Certify that I represent the governmental entity within whose jur+salcvon the sign described herein Is located and that J> ;
date o reflected In this sectio made under my delagatod authority. I'
sl nate Local Government Official , pate
�
4c c. f -r 'S S/ci Z -v L, ,:r, e..- � r r T���r� /� � 1s ;ter c
n compliance with all duly adopted tical ordinanc Is and has been or vrillbe Issued the pace ery perm
�g not in compliance with local ordinances, but is leg' Ily exlsting as a non -conforming sign.
Qle not In compliance with local ordinances and isiwo Id be considered to be an illegally maintained
Printed Name and Title '
NOTE: Form must be completed not more than sty (6) months prior to receipt of the complat®d outd
application �y the Department.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
12/12/2008 13:58 877548920
4DCBS
OUTDOOR
May 2, 2008
Orlando Toledo
Senior Director
City Manager's Office
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Dear Orlando,
PAGE 06
CBS Outdoor, Inc. and Outlook Media of South Florida, LLC have signed a letter of
understanding dated May 1, 2008 (the "Agreement"). Please accept this letter as
confirmation that in accordance with the terms of the Agreement, CBS Outdoor, Inc.
- consents to Outlook Media of South Florida, LLC filing Applications for Outdoor
Advertising Permits with the Florida Department of Transportation on our behalf.
i
Yours truly,
I
( S Outdoor, Inc.
VP OF Real Estate SE
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
6904 CWRESS PARK DRIVE, TAMPA, Fl,. 33634-4462 • (813) 888-5..541 • FAX (813) 886-8744 • cbsouldoor.corn
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
FLORIDA DEPARTMENT OF TRANSPORTATION 07 70e
RIGHT OF w-
nGC _ 10%
RE: Application for outdoor advertising sign permit �IP.Y c.
To be completed by app(icant:
Name of Applicant or Company: out 1 nok MPd i a of SDltth t: 1 n+ -i da i T.i7 _
Sign is: 0 existing )Z proposed
County: j✓yygmi -iiadP Municipality, if applicable: City of Miami
Highway Narne 8 Number.
Sign location description: 1700 SW 3 Ave./AT1m'ox. 125' W. of T-95 _
Section: _ I A z'' Township: _ 15'q Range:
Parcelto#: 01-4138-001-2070
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map;
The allowable land uses under this designation are (list aft): /,11 >` r- <!
Current zoning of parcel (from Land Development Regulabons):
The allowable land uses under this designation are (list all) i ,`.;_ A r; % "'`f- •'r�'-�� � °t l _
rX
NOTE: Copies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable use:
above.
i
Is location within city limits; Q' es ❑ No If yes, name of city 47") i �i r 11
Please provide the name and telephone number of the person the Department may contact if additional information is
required:
Name: &f Telephone it;
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive
plan adopted pursuant to chapter 153, Florida Statutes, and that I am authorized to sign this form on behalf of the
countylmunidpality, named above:
&(ficial '.j Date
Printed Name art Title -
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising pe n lit
application by the Department. _
Local Goverment Permission: Please complete the items below. You may submit another torn of written stateme it
indicating that the sign complies with all local govemmenlal requirements. For a proposed sign location, a copy of the
budding permit issued by the local government may be submitted.
The outdoor advertising sign identified in this application:
in compliance with all duty adopted tical ordinances and has been or will be Issued the necessary perm! Is
1.5 not in compliance with local ordinances, but is legally existing as a non -conforming sign.
❑I; not in compliance with local ordinances and islwould be considered to be an illegally maintained structure.
I certify that I represent the governmental entity within whose Jurisdiction the sign described herein is located and that Ji r
determinaflon reflected in this section is made under my delegated authority.
Signaturt„bf Local Government -Official Date
/
-
Primed Name and Title
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising pr n irl
application by the Department.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
l� City Clerk
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
APPLICATION FOR OUTDOOR ADVERTISING PERMIT
576407D.Da
R1Gtrr OF WAY
OGC _ 10/w
P►I A 3PILICANT INFORMATION: (if you curmntfy hold a State of Florida otkdoor advertising license or permits, please enter the name, address and e- unt
nu on file with the Department) PLEASE TYPE OR FILL OUT IN INK_ APPUCAATIONS SUBMITTED IN PENCIL WILL BE RETURNED. For assistance in
Ing this form, please call (850) 4144545. THE DEPARTttAENT WILL NOT NAKE CFIANM OR CORRECTMS TO THIS FORM.
1. N'meotAppocantorCompany;0utlook Media of South Florida LLC
2. FE OT Account Number 50904 (tf new account. Ioave blank The Oepartmartt will assign an Account Nurrmberr)
3. s
rss Of record (for billing purposes and legal notices): 2 2 9 5 S. Hi awae see Rd Sul t e 203,
city, Orlando Slate: FL Zip code: 32835
4. Killing address for permit tag (d diftarent from above):
s. r epmne g: 4 0 7 .3 6 3. 1212 Foxe- 407.363.1747 E Mall: N/A
[B] N LOCATION INFORMATION:
I, if. Miami -Dade 2_ Section: 12 Township: 54 S Range: 41
3_ city limits? )Q$Yes ❑No_ If 'yes,' name of municipality: Ci tY Of Mi ami
4. Prty Tax lar. 01- 4-1-38-001-20:Z0 _ Do you p own or 7g lease sne? If lease. lend owner S eyennine
5. Proposed ❑ Existing sign_ Loudon: '$tete Road*: 9 US RotaeS7 1-9-5 Loral Nante/Number I - 9 5
5 ❑ mgesXN feel CIN ❑E ❑S)MV of SW 3 Ave
(nearest Intersection). Sign will Davis on the ON []E 0SN3W side of the
;,-9 4. facing ❑N ❑E 29S C]W 6. Otstarlce of CIDsest pert of sign to edge of state right of way: 10 0 ' feet
7. L cal Address (If Applicable): 17 0 0 SW 3 Ave,
8.
V -
8. (hod of marking sign location: E]StekeKteg Painter! pavement . ❑Other (please describe):
9. a to roadway(s) other than the one referenced In t5, above? If yes, name and number. No
(CJ HSN DESCRIPTION:
1. ting helghL• 14 1 Facing width: 4 B I Total Sq.Ft.: 672 2_ Automatic Changeable Menaple7 ❑ Yee XN No
3• Above Gmund Level: 61 r 4. Sign structure height: 55 r 5. Number of poles: 1
8. N Worlal used for: Facing: Steel Support(s): Steel
7. nnfigksatian: X?�V-ahape ❑ Back -{o -Back ❑ Single facing
8, V.illl
sign be lighted? X9 Yes p No If yes, describe tighlIng: Upward facing �n!jjrect halophane lamps
9. t this an application For RELOCATION as the result of a Departmental highway project? El Yes )9 No
if y Tag number(s) of perrnti(s) to be relocated: N/A
t 0. -0-g, temming or removal of vegetation Pram Stele right of way be requited to create a vfWAw zone for mis sign? E] Yes)QCfdo
If t 4nswer Is "Yes ' a Management Plan rawt be approved by the Department and the poi nits for two nonconfwmtng signs cancelled
If the ianswer to -No.- in the future, you wM only be allowed la trim vegetalJon to malntaln the view of the sign as n ezlsta at the time the pern'rt is granted.
Tag t.mbers of pefmtm to be cancened: NIA
11. an ex*" pemtlt being r4inc8ged its a condhlon of Issuance of this permit OTHER than for 9., or 10., above? X49Yes ❑ No
If yimj Tag numbers) of perma(s) to be carloeAed: CA 179 ( see attaches >;� report ing documents)
TE: IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION vkcm THIS PERMIT
AFFL(CATION. FOR 10. or 11., ABOVE, THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED_
LLC
12. application being subMitted as the re$ult of a Notice of Violation? ❑ Yes Xq No
MI OTARMATTON ANO CERTIFICATION
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tan the lendowater Or W Wr Pa'ison In 1 -ft Possesf�plr Of 016 bft b Orad M orndoar en �PWeala am 1 lit �PE�er hnwl id Nle
I d false or mt*mO mg irQarmadan an Alta `fig >•[� a1 Tae IOGa(fen Dee awd ht the
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apr1 UQk10 t�perQ(ng of OTAffltow w0y. m desaibed In o is rpp�lcellml moat ye bwIt %*Mn 270 car afpetnNt tµtfarre Orf a s VOID.
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P of AfmmQ. h pawanefF)' knOMt fo m or teas t zl 1 i S ] t t 2 d� .�
MY COMM►S&ION I! DD 863907
or E)TIR[i&April 19, 2011
Aly Commfsbn Elapse: mad ttw No�W Pubtia unaemdt,rs .
tw of Notary SA 4 /nr n .� r p .
/t Pnrged Neme:,153 411-ItbA
REgl1R£D ATTACHMENTS: Appllcatlon will be r»tumed as Incomplete If the foilowing required attachments are not submitted wflh the application (see
in ons): Landowner authorization; Location Sketch: Local GavPmment Zoning/Land
ph raph of site show) marldh s 'ng�^d lice lrotiflcatlon; Local OovemrrrBM building Permit (or equivaleng:
Liken se. me be necesse far g �� (Hl� end eu-Ounding vegetation. Application fee. PLEASE NOTE: If you do not currently hold an Outdoor Advertising
Y necessary you to obtain one before a permit can be Issued.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
• j, STATE OF FLORIDA DEPARTMENT OF TRANGPORTATION 575.070.4
I: APPLICATION FOR OUTDOOR ADVERTISING PERMIT RrGHTOFWAY
ow – 104%
W PLICANT INFORMATION: (If you currently hold a State of Florida outdoor advert ting license or permits, please enbw the name. address and account
num on File wtlh the Department.) PLEASE TYPE OR FILL OUT IN INK APPLICATIONS SUBMITTED IN PENCIL WILL BE RETURNED. For o"Manee in
corn this form, please can (850) 414x545. THE DEPARTMENT WILL NOT YAKS CHANGES OR CORRECTIONS TO TtflS FORA.
1. meofApplicaruor-Company.Outlook Media of South Florida LLC
2. F OPT Account Number- 50904 (If new account, leave Wank The Department will assign an Account Number)
3. 4roas of reciord (for btRing purposes and legal notices):2 2 95 S. Hiawas see Rd Suite 2(13
cetyl, Orlando state: FL zip code: 3 2 83 5
4. MJging address for pemdt tag Cif dtfferent from above):
5. T4I4Iephonet; 407.363 .1212 Faxt: 407.363.1747 , E -Mat: N/A
ISI N LOCATION INFORMATION:
1.Miami-Dade 2. Semon: 12 Town": 54 S Range. 41 1:
3. vin city limits? 7XYes ❑No. If "res: name of munlcipaltty: City Of Mia.Mi
4. Pj0perty Tex ID#: 01- 41 -4 A - 0 O1- 2 07 0 Do you ❑ own or XXhese site? If geese, lend owner- Seyennine LLC
jy
Proposed ❑ Exisang sten: Loestlon: State Road*- 9 U8 Routtes: I - 9 5 LocalNemw Number. I - 9 5
Q mn❑esXM fast ON I]E S�v of SW 3 Ave (nearest Intersection), sign will befie on Cie [IN�1nt sidN OE ❑s3e of the
. facing ON QE ❑S OW 6. Distanceo1 closest pert of sign to edge of state right of way,feetol Address Crf appricabie): 1700 SW 3 AVP
S. I+thod of martdng sign locatton: 0 Stakefiag %Painted pavement ❑Other (please describe):
9. \16bie to roadwey(e) other then the one referenced in 1.5, above? If yes, name and number. NO
IG] 1: DESCRIPTION:
1_ F dna freight; 14 r Facing width: 4 8 r Total Sq.FL: 672 2. Automatic Changeable Message? ❑ Yea XIN No
3.
Above Ground Levet: 61 I 4. Sign structure height 9 5 ' 5. Number of poles: 1
S.
L,edict used for, Facing: Steel suppod(s): Steel
7.nNuration: )Mv-snape Q Back�o-Bede j] Single facing
8. sign be lighted? XN Yes ❑ NO If yes, describe tlghdng: j1pkZard faQiaead'' r��yhal.ophane lamps
Q. 14! this an epplica(lon for RELOCATION as Ira result of a Departmerdef highway project? (3 Yes )a No
If yell. Tag numbers) of permit(s) to be relocated: N/A
d cutang. trimming of removal of vegetadon from State right of way be required to create a viewing zone for this sign? O Yes;QNo
Mmswer iB 'Yea,' a Management Peen must be approved by the Department and the Permlts for two nonconforming signs cancelled,
If the Mnswef Is No.' in the fuLire, you will only bu allowed to trim vegetation to maintain ft view of the sign as It exists at the time the permit is I A granted.
Tag bars oI permits to be cancelled: N
11. is an e)du* a pwmtt being cancelled as a condldon of Issuance of this permit OTHER than for 9., or t0., above?
Y-MYets ❑ No
h r Tag number(a) of permlt(s) to be cencaged: _f_A 179 (e e attached support in9 documents)
IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION 1WTH THIS PERMIT
A : UCATION. FOR 10. ar 11., ABOVE, THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT is APPROVED.
12. JI appllcACon being submitted as the result of a Notice of Yolaaon? O Yea Y49 No
IDI POTARIZATION AMD CERTIFICATION
mueeiort r m 4 l.' w or offer Darwin in er aft tsrtl� tri x.naaon Qft" ata Ve st"MmIft made in E fa IlppeWel4 en Ne and Ent I has n.lu+i d b
1a71orr l>< rafee Or ml powaealon d the adv ei area am autaoor aO�wrEa41C dot s! G'e! Wcrdm de09NAW n aq VPft0Wn. I u'w6mbrd rm
UAtmdorr by dor Oeoarer W IV In uo ads • or �^f' t w Nae w d ChApter x78. Fbriaa S19WNS. or ChWW 1.1-10, F.A.C., rmrr so q nvV*d � W4m EO d4y, d
e.a 41 9"1 dvovw a,e va Darnel I fvErer urrda slaw rnar trM mWl0"K ew mud be pveaG al �. up ate. ><+vurl bo dais d eawroa ars ria
�a MW ar OdWISelrrp copy, a daaar d In We appgcafan Moet be fx61t vAVdn 270 days or P"lift ieauenm or yre parmn 4 VOID.
i
Prof Applic"�itcs7�%,P
rosrton In —w—y, n aaomcme
i `.om and a IDs d before me E a day d 13
lartre or AM"). h peteo airy known to r ft" p
�cera Of i�rC' • ; EXPlliE5Ap191 1663807
JQMIUKN d ao4ry� �[ �� 1tw NoVW FWk V^ tlo�a
� My Crmmtearon ecmrr.e: /W.-
HoWps PMftd Nwrm:
REQ REO ATTACHMENTS: Application µ,nu be returned as Incomplete if the Worwing required attachments are not submiaed with the applica(ion (see
insWaions); Landowner authorization: L.ocelion Sketch: Local Govemme nt ZonkV&&nd Use
Phol raph of she showing matfclngs (per -1817) end surround" ve PLEASE
NO Local L3ovemrnenf buildlrrg perntn (or equhralentj;
Lice e, It ma be necassa for you to obtsfn one before a en- can be is Application fee. PLEASE NOTE ff you do not currently hold an OutdoorAdveardstng
y ry Y permtt can be issued.
- — ---- ---- - If - - - of c rren
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
FLORIDA DEPARTMENT OF TRANSPORTATION
A
J. RE: Application for outdoor advertising sign permit r�! i�l-
To be completed by 3WIcarit:
I t -h F'l ori ria )•,C _
Name of Applicant or Company: 01i 1 nok_L1P-d1a—Q .�
Sign is' ❑ existing )m proposed
County. Xjdjrai -_neS p Municipality,-tf applicable. Cj tY o17 M1,aRlj - -
Highway Marne & Number. -
Sign location description: 1700 SW 3 A-�ADtir—ox 171 W
Section: — f d, Township: 'S t 5 Range: -
Parcel 10#:_01-41 8- O 1-2070
To be completed by appropriate zoning official:
I Des'igneUon M parcel on the Future Lend Use Map: ,
/ I� ("moi-41ntii.-r-[".f.fp..l•
The allowable land uses under this design on ere (lisl aA); 1) ked -
I
current zoning of parcel (from Land QRvelopment Regulabons):
The allowable land uses under this designation are (list alt): i11 , X f'c f -
ll NOTE: copies of the applicaole pages of the lard use documents may be submitted in lieu of listing all allowable user
above-
i Is location wlthin city limits: , Yes ❑ No If yes, name of city: W IC' ri-7 , _
Please provide the name and telephone number of the person the Department may contact if additional information is
required:
�. Name:Telephone
I certify that the above information reflects the designation of the parcel as it is shown on the durrenl comprehenslve
plan adopted pursuant to Chapter 153, Florida Statutes, and that I am authorized to sign this form on behalf of the
county/muni6palfty named above: / .
Signature of4-k-irGovemment Official Date / {
-
r-lr'� C.'i?. ncf�7/77 ,T rS77'vi."f G /
Pr�ame an Title —�
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising pe rr pit
application by the department.
Local Government Permission: Please complete the items below, You may submit another form of written steteme it
indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the
building permit issued by the local government may be submitted.
The outdoor advertising sign idenlitied In this application:
gf,i in compliance with all duly adapted local ordinances and has been or will be issued the necessary perm! is
3 not In compliance with local ordinances, but Is legally existing as a non -conforming sign.
❑Is not In compliance with local ordinances and Wwould be considered to be an Itlegally maintained structuia.
I certify that I represent the governmental entity within whose jurisdiction the sign described herein is located and ttist J1 s
dete o. reflected in thissectio Ig made under my delagatad authority.
Si ecu f Local Govwnm nt Official
l � c�,--��c:s .Sl�c e�i.,�.' 7 -i c r�, i`���r77�i��.� �l"-•� 1<'�-'
Printed Name and Title
676470-04
MC,HT OF WAY
clot — i woe
NOTE: Forrn must be compteted not more than six (6) months prior to receipt of the completed outdoor advertising pt a Tit
application by the Department _-- - _-- ------ - - -
j Submitted into the public
i
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
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.atc: MaY 21, 2008_
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
MMMEM
Phyeloal Address pWr er Name
1700 5W 3 AVE Billboard
S6VENN/NJ5 LLG
>�les Site Plan
FsOe Of 89100erd dg feat 331 STJS9 ROAD
Pole 0lernotor 40- M/AM/ FL
, Bheel wmyer.
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MMMEM
Phyeloal Address pWr er Name
1700 5W 3 AVE Billboard
S6VENN/NJ5 LLG
>�les Site Plan
FsOe Of 89100erd dg feat 331 STJS9 ROAD
Pole 0lernotor 40- M/AM/ FL
, Bheel wmyer.
d
CITY OF MIAMI
ZONING INFORMATION
VRESTRICTED COMMERCIAL DISTRICT
Zoning Ordinance 91000, as amended, Section 409, Schedule of District Regulations.
INTENT OF DISTRICT
ABows structures used as any type of residential faciflty except for rescue misalons, to a maMmum density equivaient to R -d, subject
to the same limiting condition; any activity included In the offira designation, commercial marines and living quarters on vesseis with
specific limitations, and mixed-use or commercial activities .which generally serve the daily retailing and service needs of the public.
typically requiring easy access by pedestrians and private automobiles_
This category is located preferably in areas directly served try arterial or collector roadways, or directly accessible via mase transportation
system.
INTENSITY OF
DEVELOPMENT
Minimum Lot Size 6,000 square feel
Setbacks Front: 10 feet
Side: No setback required or the same as the abutting district,
Whichever is greater
Rear, 10 feet, or the same as the abutting district, whichever is
greater.
Minimum Lot W th
50 feet
Height
The height of a building at the base building line Is equal to the sum
of the right-of-way plus the 2 front setbacks on either side of the
right-of-way or 120 feet, whichever Is greater. Portions of buildings
above hat height shall set back 1 additional foot per each foot in
height. except in lots with multiple street frontages where this
I add(tlanal setback applies to frontage on arterials and eotledars
only.
Exception: Section 907.3.2. Rule concerning height of
a buildings abutting residential districts_
Floor Area Ratio
Maximum of (1.72) times the gross lot area. .
Building Footprint
Maximum of (0.40) times the gross lot area; except that by
the maximum building footprint may be increased to
a six tenths (o.b_O) times the gross lot area for projects that comply
with the following requirements:
A. At ground levet. Habilable spaces as liners to conceal per(dng
structures or parking areas must be provided for at least sixty-five
(660/6) percent of Omar feet frontages.
B. At the second floor teval. Habitable spaces as liners to
conceal parking structures or parking areas, with a combination of
architectural articulallon for all linear street kvntages shall be
permitted; however, in no case slit the hebllable space Hnera be less
than forty (40%) percent of all linear sheet frontages_ The effect of
this requirement shall be to ensure that parking structures and
parked vehicles are concealed from exterior view.
C. Third floor level and above. Habitable spaces as liners to
conceal parking structures or perking areas, with a combination of
architectural articulation for all linear street frontages shall be
permlmed; however In no case will the habitable space liners be less
than twenty-five (2811.) percent of all linear sheet frontages where lot
depth is equal to or greater than 105'-0 excluding required setbacks
along the primary street frontage. In cases where lot depth is teas
teen 106'-0" excluding required setbacks along the primary street
frontage, no habitable spaces as liners shalt be required so long as
the project provides and Incorporates architectural articulation for all
linear street frontages. The effect of this requirement shall be to
ensure that parking structures and parked vehicles are concealed
from exterlar view.
D. in addition, since the intent of this modified footprint is to
promote more urbanized pro)ecta along commercial corridors, all
projects shall demonstrate an emphasis to articulate and express
architecturally the comers of the proposed structures along such
i;orrldors. The affect of this requirement shall be to ensure that
parking structures and partied vehicles are concealed from exterior
view while providing appropriate urban forms along primary street
(0.10 [Imes the gross tot area.
This 19 a reforQnce manual only, for official information, ploasi. refer to Zoning Ordinance 11000, as amended, the Znn(ng
Ordinance of the City of Miami or visit Www.mtunlcoae.com tot on-line access to said document anq visit the City's Zoning
Department for any sddttlonal_uodatp not yet refererncail in ttlunlco4e.
Submitted into the public Page 1 of9
i
record in connection with
J
item PZ.3 on OS -28-09
Priscilla A. Thompson i
City Clerk
C-1 RESTRICTED COMMERCIAL_ DISTRICT
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
PERMITTED PRINCIPAL USES
Except as may be otherwise provided herein, within this district allcommercial, office. sales, display and service activities shall be
conducted within completely enclosed buildings. except In connection with outdoor Baring areae, automobile sales lots, plant nurseries or
commercial parking lots, or as approved In connection with special permits: otherwise, there shell be no unendosed storage or display of
merchandise, materials, or equipment. No wholesaling or jobbing shall be conducted from within the district. No merchandise shall be
stored other than that to be sold at retail on the premises, and no such storage shall be visible from public rights-of-way. No off -premises
storage of merchandise shall be permitted within the district.
1. Financial iristltutions.
2. Clinics, studios, including radio and television broadcasting, medical laboratories, travel agencies, ticket agencies.
3. Private clubs, lodges, fraternities, sororities and the like.
4, Residents hotels; lodginghouses; tourist homes; and guest homes, with quarters rented for periods of one (1) week or more,
hotels and other transient fadlltles_
5. Restaurants, tearooms, cafes, except drive -In.
6. Retail establishments for sale of groceries, swearing apparel, photographic and hobby supplies, antiques, toys, sundries,
bookstores, music stores, art galleries, florists, delicatessens. meat markets, bakeries, confectioneries, ice cream stores;
drugstores; gift shops; hardware stores., variety stores; stores for letevision, radio and other electronic appliances, videotape sales
and retrials, jewelry stores (except pawnshops); an stores; package liquor stores (without driven facilities), home furnishings and
appliances, office furnishings, equipment and supplies, floor covering: leather goods, luggage, aporling goods, bicycles: garden
supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and Incidental assembly
are permitted as accessory, but not principal uses. Aside from antique art, jewelry and bookstores and stores renting formal attire -
and hospUl equipment, no such retail establishment shall deal In secondhand merchandise -
7. Public and prlvate primary and secondary schools.
a. Post -secondary public and private educational tadlttles, bysiness and trade schools, except those with external evidence of
aciivides of an industrial nature.
9. Service establishmamts. Including photographic studio%, interior decorators, letter, photostating or duplicating services, locksmiths,
barber and beauty shops; shoe repair, tailoring: dressmaking, millinery and drapery fabrication, except where products are for off -
premises sale; coin-operated laundry and dry cleaning feclittles with rated capacity limited to one thousand (1,000) pounds total
for laundry, and one hundred (100) pounds total for noncoin-operated dry cleaning, laundry and dry cleaning agencies or
establishments -
10. Driving school agencies.
11, Mortuaries or funeral homes with not to exceed two (2) retorts as an accessory use.
12, Printing incidental to a permitted principal use, blueprinting and the like; photographic development laboratories.
13. Theaters (other than drive-in). museums and libraries.
14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but not secondhand merchandise otherwise,
15. Perking lots, parking garages_
16_ Dancing and/or live entertainment at restaurants, tearooms, nightclubs and supper dubs, cafes or private clubs.
17. Retail establishments for sales of new automobiles. motorcycles and/or pans, equipment and accessories; for sale of new boats,
marine motors. parts, squipmeril and accessories; for sale of pets and pet supplies, plant nurseries, building supply stores. Pride
from plant nurseries, car safes and commercial parking lots. all .commercial sales, display and service adivitles shall be within fully
enclosed buildings. Aside from antique shops, art shops. jewelry and bookstores, and stores renting formal attire and hospital :
equipment, no such retail establishment shall deal in secondhand merchandise.
iii_ Bible study classes. but excluding ail religious rites, sacraments and ceremonies typically performed In a house of worship.
19. House"rges are prohibited.
20_ Reserved.
21. State of Florida licensed franchise motor vehicle dealers; including the sales of new cars, Other uses maintained and operated
in direct association with the new car sales operation and which, are customarily incidental and subordinate to the sales of new cars
try such dealers are also included as follows: subject to the specified conditions and limitations:
(1) Used car sales, enctoaed and unenclosed, shall be limited to twenty (20%) percent of the dealership's net lot area dedicated
to car sales.
(2) The unenclosed sale of new or used care along the frontage of arterial roadways shall only be permitted where an enclosed
showroom or other dealership building(s) are located on the same site. /
(3) Sales of auto parts shall be in onclosod buildings. Iimlted to ten (10%) percent of the dealership's net lot area dedtoeted toi
car sales,
(4) Minor automotive services and repairs In enclosed buildings, as defined in Section 2502. are included. Additionally, major,
automotive services and repairs In enclosed buildings, ae defined in Section 2602, are included, except that no paint and;
bodywork, straightening of frames or body parts, welding and other work involving undue noise, glare, fumes or smoke shall bei
included on any part of the facility zoned G1.
(5) Storage of wrecked automobiles not in operating condition and operations of a commercial garage or commnrclal
parking tot as incidental uses, Is prohibited
22. Cigar manufacturing hand process
23_ Child daycare centers, subject to the requirements and Ilmltallone of Section 939.
I
24. Adult Daycare faclittles, subject the requirements and limitations of Section 935.
This is a reference mantraf only, for official information, pfease refer to Zoning
Ordinance of the City of Mlamb or visit www.mtnnicride.coT, for ,on-line accc&s�s to
Department for any t+ddlitonal update not yet referenced In PA«nlcne.
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E
OrdinanG¢ 11op0.-e4 amended, tho Zoningl to
said documont and visit the Citv'= Zoning \\
Page 2 of 9 :
C-1 RESTRICTED COMMERCIAL DISTRICT
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations.
. - - ----
AND IN ADOITiON, SAME AS FOR O — OFFICE: Submitted into the public
1. Officers not selling merchandise on the premises. record in connection with
2. Medical or dental offices_
3. Medical and dental laboratories, and clinics. item PZ.3 On 05-28-09
4, Financial Institutions. Priscilla A. Thompson
5. Postsecondary public or private educational facilitlae_
6. Federal, state and local government offices. ( City Clerk
7. Health spa or studio: - —
a. Health studios or spas under twenty -Ave thousand (26,000) square feet may be located anywhere within a building.
b,. Health studios or spas tw® ty-flys thousand J26,000) square feet in size and larger may be located only a9 the ground level_
AND IN ADDITION, SAME AS FOR R-4 - MULTIFAMILY HIGH-DENSITY RESIDENTIAL:
1. One -family buildings pursuant to section e03_S. Rules concerning single famliy and duplex uses within R-3 and R-4 zoning
districts.
2. TwofietnHy buildings pursuant to section 803.5. Rules concerning single family and duplex uses within R-3 and R-4 zoning
districts.
3, Multiple-feunlly buildings.
4, Hotels (except in area bounded by S.E_ 15 Road; S.E. 26 Road; Brickell Avenue and Biscayne Bay, exciuding the intersection of
S.E. 25 Road and Briekell Avenue where hotels shall be pemri led),
5. Motels (exult in area bounded by S.E. 15 Road: S.E. 25 Road: Bilakell Avenue and Biscayne Bay).
6, Tourist horses (except in area bounded by S.E. 15 Road: S.E. 25 Road; Brlckell Avenue and ShKmyne Bay).
7. 4ueat homes (except In area bounded by S.E. 16 Road; S.E Z5 Road; Brickell Avenus and Biscayne Bay).
8. Occupancy of private plaasure craft as living quarters; and hooebarges are prohibited except for those private pleasure craft
and housebarges specifically permitted on the NIIaml River by'Section 941. Occupancy of private pleasure craft as living
quarters in residential districts and housebarge exception, as listed in Attachment A, Ordinance No. 10932, adopted October
24, 199 L
9. Homes of six (6) or flower residents which otherwise meet the definition of Community Residential Home (as defined In Article
25) when located at teas( one thousand (1,000') feet from any Home of six (6) or fewer residents which otherwise meet the
definition of Communtty Residential Home, measured from the nearest point of the Bile of the existing facility to the nearest point of
the site of the proposed facility.
PERMITTED ACCESSORY USES
Uses and structures that are customarily Incidental and subordinate to permitted principal uses and structures,
1. For waterfror t property only, wet dockage or moorage of major private pleasure craft not exceeding two (2) per dwelling unit for
_--the. first .ten.(10) dwelling_vnile: plus one �1) for each fly® (5) eddtl{oval dwelling units._
AND IN ADDITION, SAME AS FOR O — OFFICE:
1, Wet dockage or moorage parallel to the shoreline for one (1) row for private pleasure craft.
AND 1N ADDITION, SAME AS FOR R-3 - MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL:
1, Detached garages and car shelters
See Section 908.6. Car Shelters; limitations and requirements:
2. Garden sheds.
3, Private piers, docks and boathouses
See Section 924. Piers, docks, wharves, dockage, boathouses and boat slips.
A. Wet dockage or moorage of two (2) major private pleasure craft in connection with any residential use permitted, plus one (1) for each
fifty (50') feet of water frontage (as measured lot line to lot line in a stralgnt ane) exceeding one hundred (1oo') feet in R-1 districts, or fifty
(SO') feet in R-2 districts. Occupancy of private pleasure craft as Wing quarters is prohibited. Housebarges are prohibited.
CONDITIONAL PRINCIPAL USES
i CondlUonal principal uses shall be by Special PennK only euaect ta';tha applicable crletia In Section 1306. Considerations generally;
standards; findings and determinattona required and any other applicable criteria specified In this ordinance. SpecMcaliy:
1. Commercial marinas, boat rentals and plena,
Subject to the criteria and requirements of Section 924. Piers, lacks, wharves, dockage, boathouses, and boat slips.
By Spacial Exception Permit j
# Conditions (temporary Ilving quarters):
Provision for occupancy of commercial, scientific, official vessels and private pleasure craft as temporary living quarters (maximum
stay: seven (7) days) may be specified and Included In the grepl of Special Exception Permit except In the Utile River Canal.
!° 2. Communhy based residential facilities for more than fifty (50) clients.
I Subject to the requirements and limitations of Section 934, Community based residential facllttles_
By Special Exception Permit with City Commission approve!.
3. O ive-througft facliftles for financial Institutions,
i Subfect to reservoir requirements or Section 931.2. Reoulrements for reservolr spaces. aoaivino aenerativ.
This Ig a reference manual only, for official Information, ple+6Re refer to Zoning Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami or visit vvww.municr.,de,crrm fore on-line access to geld document And visit the City's Zoning
Dropartment for any additional update not yet referenced in Alunlcbde.
ik Page 3 of 9
C-1 RESTRICTED COMMERCIAL DISTRICT
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations.
By Specie) Exception Permit with approval by the Clry Cor+mis9lon.
f Conditions (frontage, driveways):
Ordy on property with two (2) street frontage* or if on one (1) street, access and egress driveways are located at least one hundred
fifty (160') feet apart.
4. other drive-through facilities, including eating and drinking establishments_
Subject to the requirements of Section 931. Drive-through and drive-in establishments; car washes
By
5. Occupancy of prhrate pteesure craft as living Quarters.
By special Exception Permit with City Commission approval.
* Conditions (Commercial marinas):
F�roept where specifically permitted in connection with commercial marinas under the provisions of Special Exception Permit as
indicated above.
6. Automotive service statlom auto care service centers (within completely enclosed buildings) and car washes, as defined In
Article U.
Subject to the criteria requirements and limitations of Sectlon 930- Automotive service stations as principal uses and 931. Drive-
through and drive-in establishments: car washes.
By
7- Bars, saloons, taverns, and supper clubs.
By Special Exception Permit
s. Privately owned and/or operated recreation buildings and facilities, playgrounds. playfields, parks, beaches, neighborhood
centers, auditoriums, and the like: commercial recreation estabblshments including, bowling alleys, shuffleboard courts, miniature
golf course. driving ranges, archery ranges, trampoline centers, game rooms, banquet halls and Cance halls -
By
9- Convalescent homee, and nursing homes, i,
By Special Exception Permit wfth City Commission approval_
* Conditions (distancing, capacity):
Subject to the following crtterle. Said uses shall be Implemented at a minimum distance of one thousand two hundred (1,2001) feet
from one another If their capacity is less than or equal to fourteen (1e* persons and at a minimum distance of two hundred five
hundred (2,600') feet from one another if their capacity Is greater than fourteen (14) persons. Said distance shall be measured in a
radical fashion from the boundary line of the property wharein such a use is in existence.
10. Private club, lodged fraternities, sororities and the like operated for profit: pool hells and billiard parlors.
By Special Exception Permit
11. Ambulance service or expansions thereof.
By Special Exception Permit
12. Veterinary or animal clinics, as defined In Article 25.
By Special Exception Permit
+ Conditions (boarding / overnight stay):
Such facilities shall not include boarding fadlides for healthy animals but may allow overnight boarding for up to five (5) sick
animals.
13. Sewing shops.
By .
+ Conditions (frontage / pedestrian oriented):
Only where the ground floor frontage is designated with an active, pedestrian oriented space that doer not diminish pedestrian
activity. Including retail sales of some kind associated to the sewing shops.
14, Private express delivery services.
Sy Special Exception Permit '
15. Sales of used automobiles.
By Special Exception Permit
16- Hiring halls, employment oflleea, or labor pools.
By Special Exception Permit with City Commission approval.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
This Is a reforellm manual only, for official Information, pioass refer to zoning Orcannnce 11000, As Amnnae(i, the ZolNnq
Ordinance of the City of Miami or visit www.munimde.corn for on-line access to said document and vlgit the City's Zoning
Dopartm9rlt for any additional update not yet referenced in 41unicad0_
Page 4 of 9
W1 RESTRICTED COMMERCIAL DISTRICT
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
17. Discount membership merchandisers.
Subject to the criteria and requirements of Section 94d. Discount membamlilp merchandisers.
By Special Exception Permit.
18. Coln -operated laundry and dry cleaning faclltties.
By
* Conditions (capacity):
With rated capacity over one thousand (1,000 lbs.) pounds total for laundry, and over one hundred (100 Ibis.) pounds total for dry
cleaning.
19. Re+Kal-purchase atones.
By
* Conditions (location);
Ttrdr location shelf be restricted to primary arterial roadways as defined In the Dade County Comprehensive Plan.
20. Public storage faclittles.
Subject to applicable criteria and requirements of Section 846. Public storage facilities.
By Speclel Exception Permit.
21_ Vehicle ental fecllttlea_
Subject to applicable regulatlons set forth in Section 947, Vehicle rental facilities.
By Special Exception Permit -
22. Processing, packaging, handling, distribution and wholesale and rataill sales of seafood.
Subject to criteria, requirements and fimitatlons set forth in Section 604.3.2. Conslderadons In making Class 11 Special Permit
determinations.
By ..
* Conditions (location):
Only when such uses are conducted from properties, which Immediately abut the Miami River.
23. 84les of fresh flowers from mobile vending cans placed in open space areas.
Subject to compliance with Coconut Grove Rlght-of-Way Vending Cart Guldes and Standards.
By
24. Fire stations.
By Special Exception Permit with Ciry Commtsslon approval.
AND IN ADDITION, SAME AS FOR O — OFFICE:
1. Community based residential facilities subject to the requirements, Willa lion and criteria specified In Section 934. Community
Residential Homes and Community based residential facilities_
By Special Exception Permit with City Commission approval.
2. Privately awned and/or operated recreatlonal buildings and facilities
By Special Exception Permit
3. Playgrounds, playflelds, parks.
4. Facilities privately owned and u3ed for garden, service, civic or private clubs or lodges (not for proftt)
By Special Exception Permit
5_ Commercial parking lotx.
By Special Exception Permit
6. Fire etattons, with additional consideration given to adequate buffeting when such uses are located adjacent to residential areas.
_ _ By Special Exception Pvnnit with City Commission ap(�raval.
AND IN ADDITION, SAME AS FOR R-4 — MULTI -FAMILY HIGH DENSITY RESIDENTIAL:
1. Community based reeldential facilities, with more than founeen (14) residents indud)ng staff subject to the requirements and
limitations of Section 934. Gommunity Residential Homes and Community Based Residential Facilities,
By Special Exception Permit with City Commission approval.
2_ Additional limitations on usage of bonus floor area ratio: VAhln the R-3 dlsirfd located along Briekell Avenue, bounded by
Southeast 26°i Road and Southeast Ie Road, all additional increases in floor area that are obtained pursuant to Article S -
Planned Unit Development and Article 9 - Goneral and Supplementary Regulations of MIs zoning ordinance shall conform
with the follovJng limitations:
a_ For development bonuses obtained pursuant to Article S. Planned Unit Development, and enhanced level of public benefit
and amenitles shall be provided in order to obtain approval of a PUO designation. such public benefit shall be in the form If
publicly accessible open space and/or an enhanced design that ensures all required perking is screened from street view by
provision of liner uses; liner uses are usable active space within the building envelope: such uses have a minimum depth
of fifteen (15') feet Liners are required on each floor with parking behind, up to the maximum garage height Liners
may only be Interrupted by required access points to the parking/aervlce areas In the rear of the building. Liners are oleo
desirable along all other street frontages -
b. For development bonuses obtained pursuant to Article 9 -- General and Supplementary Regulations (nereased
development bonuses for contribution to the Affordable Housing Trust Fund) all tonus square footage (-e. any square footage
that Is an Increase due to bonuses obtained in exchange for affordable arousing trust fund contribution) shall be utilized for
increases in unit sizes as follows,: one bedroom units shall be a minimum of nine hundred (900 sq. ft- ) square feet In size:
tyro -bedroom unit shell be a minimum of one thousand two hundred (1,200 eq. fL ) square feet in size, and three-
bedroom unfts shall be a minimum of one thousand five hundred (1,600 aq. ft. ) square feat In size. All other units may be
developed at ani size. subiect to comoliance with eooficable buddlina reoulations.
This Is a reference manual only, for official Information, p1QejQ refer to Zoning Ordinance 11000. as amended, tha Zoning
Ordinance of the Ciry of Miami or visit �m,�ni�QLiP,.com for'on-lineoctose to said document and visit the City's Znning `
Department for any additional update not ypt refaronced In ltlunlc4do,
Page 5 of 9
Submitted into the public
record.in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
C-1 RESTRICTED COMMERCIAL DISTRICT City Clerk
.-..r,..- AM of r)lstrict Reaulatfons.--
Loning VrUlnhill_t: 1 +Vvv, — o...I . �-
3. in connection with public utllftlee, aboveground Ilea stations, electrical sub"300ns, line -of -sight relay devices for
telephonic, radio or television communications and the like shall be permitted by Special Exception: in addition. such uses
"if be required to be lined with active uses Including uses permitted within the diabict and other accessory commercial,
display gallery and/or service uses to screen U.Ie public utility "Ion from public view; in order to accomplish this requirement,
such use shall not be required to comply with the maximum footprint or other applicable setback Ilmitetlons es set forth wttnin the
underlying zoning cfaWfication.
AND iN ADDITION, SAME AS FOR R-3 - MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.
1. Community based residential faetlMes. Win more than fourteen (ta) to a maximum of fifty (50) clients.
Subject to the requirements and limitations of Section 934. Community Residential Homes and Community Based
Residential Facilities.
By Special Exception Permit with City Commission approval.
2. Convalescent homes, and nursing homes,
By Special Exception Permit with City Commission approval.
t Conditions (distancing):
Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200') feel from one another if their
capacity is less fftan or equal to fourteen (14) persons and at a minimum distance of two thousand five hundred (2,500') feel from
one another If their capacity is greater then fourteen (14) persons. Said distance shall be measured in a radial fashion from the
boundary line of the property wherein such a use Is In existence_
3. Rooming or lodging houses
By special Exception Permit.
A. Heatth clinics
By Special Exception Permit with City Commission approval:
,hr CandMons (location, employees, adaptive re -use, panting): '
Provided that In that R-3 district along arickell AVanuQ bounded by Southeast 26th Road and Southeast 16th Road, said
health clinics shall be instituted subject to the following conditions:
a. There shall be only one (1) licensed practitioner In the clinic and in addition. medical and clerical staff not to exceed three (3)
persons in number.
b, They shall be allowed only as adaptive nausas of existing single family residential structures (as of February 27, 1997) wlthln
the district and are expressly prohibited within duplex and multifamily residential structures.
c. Parking &hall be provided on-site at the rate of one (1) parking space per two hundred fifty (250 sq- it ) square feet of gross floor
area.
5. Additional llmttations on usage of bonus floor area ratio' Within the R-3 district located along Brlckell Avenue, bounded by
Southeast 26" Road and Southeast 16m Road, all additional Increases in floor area that are obtained pursuant to Article 5 -
Planned Unit Development and Articia 9 - Genera( and Supplementary Regulations of this zoning ordinance shall conform
with the folloWng limttstiorm:
a. For development bonuses obtained pursuant to Article 5_ Planned Unit Dovelopmertt, and enhanced level of public benefit
and amenities shall be provided in order to obtain approval of a PUD designation: such public benefit shall be in the form If
publicly accessible open space and/or an enhanced design that ensures all required parking is screened from street view by
provision of linter uses; liner uses are usable active space within the building envelope: such uses have a minimum depth
of fifteen (15') feel Liners are roquired on each floor with parking behind, up to the maximum garage height, Liners
may only be Interrupted by required access points to the psrking/servlce areas In the rear of the building. Liners are also
desirable along alt other street (rontages.
b_ For development bonuses obtained pursuant to Article 9 - General and Supplementary Regulations (Increased
development bonuses for contribution to the Affordable Housing Trust Fund) all bonus square footage (I.e- any square footage
that is an increase due to bonuses obtained in exchange for affordable housing trust fund contribution) shall be utittzed for
increases In unit sizes as follows: one bedroom units shall be a minimum of nine hundred (900 sq. it.) square feat in size:
two-bedroom unit; shall be a minimum of one thousand two hundred (1,200 sq, fL ) square feet in size, and three-
bedroom units shall be a minimum of one thousand five hundred (1,500 sq. It, square feel In s(ze. All other units may be
developedany eiza, subject to compilance wtth applicable building regulations:
at
AND iN ADDITION, SAME AS FOR R-2 - DUPLEX RESIDENTIAL:
1_ Community Residential Homes, as defined In Article 26, when located at least one thousand two hundred (1,20x') feet from an
existing Community Residential Home and five hundred tsoo') feel from any single-family district measured from the nearest point
of the site of the extstlng facility to the nearest point of site pf the proposed facility, pursuant to Section 934_ Community
Residential Homes and Community Basad Residential Facilities_
By -
AND IN ADDITION, SAME AS FOR R-1 SINGLE-FAMILY RESIDENTIAL:
I- Adult daycare canters
Subject to the requirements and limitations of Section 935, Adult daycare centem-
By i +^::• for five (5) or more adults.
2. Child daycare centers
Subject to the mqulrements and limitations of Sectlon 936, Child daycare centers_
By r. f r,a; for up to twenty (20) children.
By Special Exception Permtt for over twenty (20) children.
3. Places of worship, primary and secondary schools.
This is a reforenea manual only. for official information. oraase rafar rn 2nninn Ordinanrn 11nnn of --1-4 Phu 7,,.,+,,,
OrdlnanvQ of rho Clay of Miami or vlstt wwvr.tn_ uni Jr chin, fort on-line mccess to ;,aid document and vNit thR City's Znninq:
Department for any additional update not yet Werenred in Winic6da,
Page 6 of 9
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
��►.
Priscilla A. Thompson
C—i RESTRICTED COMMERCIAL DISTRICT City Clerk
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations.
CONDITIONAL ACESSORY USES
Uses and structures which are customarily incidenlai and subordinate to conditional principal uses and structures only by Special
Permit subject to the appllcabie criteria in Section 1308_ Considerations generally; standards; findings and determinations
required, and any ather applicable criteria specified in this ordinance.
1. Temporary special evente involving outdoor gatherings at churches, schools and the like, or in connection with opening
ceremonies or special promotions, to the extent not otherwise Ildensed, regulated and controlled under other regulations of the
City.
Subject to conditions established In Section 906.9. Temporary spacial events; spacial permits.
By
2 Wet dockage or moorage of major private pleasure craft In numbers greater than permitted generally.
By Special Exception Permit
3. Wva-through facllldes far financial Institutions.
By
A- Sale of used automobiles, which may or may not be on the same premises or block ea the principal use but clearly accessory
to new automobile sate%.
By special Exception Permit
Conditions (frontage, sae, enclosure):
Subject to a limit of thirty (30%) percent of the building frontage on a block or ten (10%) percent of the square footage of the
dealership. Enclosure may be waived for a five-year period; the grant of Spacial Exception Permft will expire if the use is np(
enclosed at the and of the period.
No application for a variance will be accepted.
5. Christmas tree safes.
By
* Conditions (vacant and unused, nalice):
Only on a vacant lot or portion of a lot not reserved for athof purposes p.e., parking) and Win notice to adjacent and Immediate
(across the stMe-Q property owners.
B. Sales of other goods pertaining to A national legal holiday. ;
By
7. Heilstops,
Subject to requirements and limitations in Section 833. Criteria for Special Exception approval of hellstops.
By Special Exception Permit with City Commission approval'
8. Aluminum recycling machine.
Subject to the requirements and limitations of Section W. Aluminum recycling machines.
By
9, Offloading and unloading of seafood from boats; storage of seafood fishing wqu(pmenf; and contalnerized storage of
Seafood.
By
x Conditions (accessory to conditional principal use no. 23; pfocessing, packaging, handling, distribution, etc.):
Only In conjunction with the conditional principal use specified Ir no. 23, above (Processing, packaging, handling, dlstrlbutlon
and wholesale and retail sales of seafood) and sub)ect to the same including the conaideratlons
outlined In Section 604.3,2. Considerations In making Class 11 Special Permit detorminations.
10, Outdoor advertising businesses.
By
* Conditions )accessory to principal commercial use signs): '
Permisslble as an accessory use to principal commercial uses only and further Ilmited as follows:
a_ Signs shall be wall mounted only on side walls of the existing principal commercial structure:
b. Signs shall be limited to one sign per structure only and shall not be freaetarrding,
c. Sign area shall be limited to no greater titan thirty-two (32) square feet;
d, Permissible sign area may only be utilized on a commercial structure which ties the allowable thirty-two (32) square feel of
sign area unused from the total Permissible wall sign area fnr trio Sltucture In question: see Article 10. Sign regulations fnr
specific sign regulations and method of calculations; and
e. Such signs may either be painted or mounted onto the subject wall.
11. Statin cedar system devices as accessory uses
specified in Section 949. Pto marinas, golf courses, police and fire station uses only, subject to the criteria
ersonal wireless service facilities (PWSF) and storm radar systems (SRS).
12. Personal wireless service facilities subject to the criteria specified in Section 948. Personal wiroless sorvice facilities
(F'WSF) and storm radar systems (SRS).
AND iN ADOISION, SAME AS FOR O — OFFICE:
I. Drive-through banking facilities
By
2_ Ha1(Stopa
Subject to the requirements and rrmitations in Section 933. Criteria for Special Exception a
6Y Specht Exception Permit with City Commission a p approval of heltstops.
3. Commercial marina I approval
This is a ruferonce manual only, for pfFtcf.
r�.a. 1 Information, IstaegR Miller to..,.
Zoninn (Imins. ignnn
r •.. m.ano a� vrsr[
nmlm ni rt - - - ' - _• •, ^'Yv, —an„ny
Department for ally addltlonaI update not yet referenced n s� �nocode, �me Rcre99 to acrid document sett visit the City's Zoning
Page 7 of 9
Submitted into the public
record in connection with
} item PZ.3 on 05-28-09
Priscilla A. Thompson
C-1 RESTRICTED COMMERCIAL DISTRICT City Clerk
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. - -
I
AND IN ADDITION, SAME AS R-4 MULTIFAMILY HIGH-DENSITY RESIDENTIAL_
1. Private clubs and lodges, not for profit.
By Spectai Exception Permit
* Gondttlons (floor area. number of courses, time);
I� Where permitted. the floor area of any such private club or lodge shall be limited by convenience establishment requirements,
lieted In Section 906.7. Convenience establishments as accessory to residential or office users•
AND IN ADDITION, SAME AS R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL_
1_ Home mcupadons
By C:1ac; it Q.17r.r.iai
Subject to the requirements and limltations of Section 906.5, Home occupations.
2. Permanent active recreation facilities located In side yards or front yards accessory to uses in residential districts-
,
3. Temporary special events Involving outdoor gatherings at churches, schools and the like, to the extent not otherwise licensed,
regulated and oardrolted under other regulations of the City-
SubJect to the requirements and limitations of 806.9. Temporary special events; special permits.
By
4. Postaacondery educational facilities
* Conditions (door area, number of courses, time).
j Provided that the floor area Is not greater than one thousand five hundred (1,6001) square feet, the total number of courses at a
single location does not exceed two (2) per year. and each course is held for only up to the length of time of a scholastic
aemestor.
S. One (1) onsite dock or mooring space per unit for major private pleasure craft for use of residents thereof only but not as a
dwelling unit-
By''
nit_
By 'r:f l; .. r
! 6. Accessory convenience establishments,
j Subject to the requirements and limitatlons of Section 908.7. Convenience establishments as accessory to residential or
office uses.
BY or C'as depending. on type of establishment.
7_ Personal wireless service faclilttes subject to the criteria speclfled in Section 949, Personal wingless service facilities (PWSF)
and storm radar systems (SRS
IN ADDITION, AS FOR R-2 - DUPLEX RESIDENTIAL & R-1 - SiNGLE FAMILY RESIDENTIAL:
I
I. Home occupations
See Section 906.5, Home occupations.
By
�. 2. Garage or yard sales
See Section 906.10, Garage saleslyard sales; special permits.
3. Permanent activa recreation facilttle9 located In side yards or front yards accessory to uses In residential districts.
4. Temporary special events Involving outdoor gatherings al churches. schools and the like, to the extent not otherwlae licensed,
regulated and controlled under other reguietions of the City.
See 906,9. Temporary special everrty; special permits; criteria.
BY". -
5.
Y ,
5. Personal wireless service facilities subject to the criteria specified in Section 949_ Personal
and storm radar systems f3"'Glass service facilities (PWSF)
RS!_
OFFSTREET PARKING REQUIREMENTS
One4smily and two-family : Minimum two (2) spaces per unit
Multifamily:
One (1) space for each efficiency or one -bedroom unit.
Two (2) spaces for each two-bedroom unit or three-bedroom unit; or for each one -bedroom unit where the unit has an additional
habitable room or space (where the floor area of the additional habitable room or space is greater than, or equal to one-third of Me
floor area of the primary bedroom; whether It be called a den. study. recreation room, exercise room, or the like) which by Its design
accommodates or may otherwise funcilon as a secondary bedroom.
Three (3) spaces for each unit with four (4) or more bedrooms:
In addition, one (1) space for every ten (10) units designated for visitors,
2- Convalescent homes, Nuraing homes, Irretttutions for the aged, infirm
One (1) space for each five (5) beds, plus one (1) apace for each doctor In regular attendance, plus one (1) apace for each three (3)
employers or volunteers on peak shifts.
J. Nonresidential trees- !
One 1 space per one hundred fifty 150 , it, J square feet 11150 of gross floor area for barber and beauty stiODS.
This ie a roferenca manual only, for official Information, please refer to Zoning Ordinance 11000, as amended, the Zoning
Ordinance pf the City of Miami or visit _www mUr1i ri n fob on-line. eccass to ,
Department for any additional update not yet referenced ii1- A.7unicbde. Said document and visit the City's Zoning
Page 8 of 9
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
C-1 RESTRICTED COMMERCIAL DISTRICT Priscilla A. Thompson
Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. City Clerk
One (1) space per each five (6) fixed seats, and per each fifty (SO sq- ft ) square feet of groes floor area for movable seats, for Bible
study classes, meeting halo and places of general aaasembfy, excluding classrooms and other areas not for general assembly.
One (1) apace per every one hundred (100 sq. fL) square feet (11100) of gross floor area, for restaurants and banquet hells, bars,
saloons, private clubs and lodges.
One (1) space per every one hundred (100 sq. ft.) square feet (1!100) of gross floor area, for game rooms, pool and billiard halls
and other similar establisnments,
One (1) space per every two hundred and fifty (250 sq. ft.) square feet (1/250) of gross floor area, for discount membership
merchandisers.
Except as required above, one (1) space per three hundred (300 sq. ft_) square feet (11360) of gross floor area for other
nonresidential uses.
4, Commerctal marinas
Parking meds for automobiles and boat trailers shall be five (5) spaces plus one (1) space for each two (2) boats, alxteen (16') feet
or more In length, to tie accommodated.
6. Dry dockage or boat racks
Five (5) spaces plus one (1) for each three (3) bo8ts-
6. Lodging
Two (2) varklna spaces for every three (3) lodging units.
OFFSTREET LOADING REQUIREMENTS
For buildings in excess of twenty -Ave thousand (25,000) square feet and up to five hundred thousand (500,000) square feat of groes
building area:
Berth minimum dimension to be twelve (12) by thirty-five (35) feet
1. First berth for gross building area up to fifty thousand (60,000) gross square feet
2. Second berth for gross building area of fifty thousand (50.000) up to one hundred thousand (100,000) gross square feet;
3. Third berth for gross building area of one hundred thousand (100.000) up to two hundred fifty thousand (250,000) gross square feat
A, Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five hundred thousand (500,000) gross square feet
For buildings with square footage in excess of five hundred thousand (500,000) square feet
1. Berth minimum dirriwenslon to be twelve (12') by fifty-five (55') feet
2_ In addition to the requirements set forth above, there shall be one (1) berth for every live hundred thousand (500,000) gross squats
feet of bul(ding area.
One (1) larger (six hundred sixty (660) square feel) loading space may be replaced by two (2) of the smaller (four hundred twenty (420)
square feet) loading spaces as dictated by needs of the individual project.
For additional information refer to Section 922. Offstreet loading:requlrementa, general provisions, and Section 923. Offstreet
loading, detailed requirements_
SIGN REGULATIONS
Rarer to Article 10.
This IS a reforenco manual only, for officiat InfOrm80on, ptoA34 raaf.;r to Zoning Ordinance 11000. as emajnded. the ZoningOrdinance of the City of Miami or visit ws�m�Z� .M+ for on -lino access to said document acid visit tho City's znning
Department for any addltlonal update not yet refprencgd In Minlcodo.
Page 9 of 9.
Submitted into the public —
record in connection with
CITY OF MIAMI item PZ.3 on 05-28-09
ZONING INFORMATION Priscilla A. Thompson
S® -Z3 CORAL WAY SPECIAL OVERLAY DISTRICT City Clerk
-
Zoning Ordinance 11000, as amended, Section 623. Coral Way Overlay District
INTENT OF DISTRICT
Mature banyan twee rows in the median and archin over the roe ._. o
ya growing g dv+ays on either side characterize the Coral Way corridor- This
creates a "green tunnel" effect that is widely admired for its softening of this four -lane divided roadway. Coral Way is designated as a
histaft roadway by the State of Florida. and cannot be significantly modified or widened without findings of special exception and
concurrence by the City of Miemi. This designation is largely responsible for the continutng existence of ft banyan trees, and can
provide a basis for further enhancement and beautification of the roadway.
Coral Way is a very diverse urban corridor containing a combination of one and two story residential developments, office
developments of one and two stories and up to ton stories, and predominantly one atiory retail and &*nuke eetabltehmants
There are numerous instances of different land Urias occurring on opposite sides of the corridor_ This unique blend of retail, office
and residential uses marks coral Way as a special urban neighborhood wffn a great deal of pedestrian activky,
it is the Intent of this special district to preserve the character of cert to sections of Coral Way within the city, from downtown to
Cho city limits at 3W 37"' Avenue. Coral Way is a getaway Into the city and should be preserved and enhanced in a manner befitting
this designation. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment
activity respects this character and ecrnplemorrts the scale and variety of us" along the Corel Way corridor.
EFFECT OF SD -23 DISTRICT DESIGNATION
The effects of these SD -23 regulations shall be to modify regulations within portions of other zoning districts Included within the SO
boundaries to the extent indicated herein.
CLASS 11 SPECIAL PERMIT
A Ctar.c :. hr•^ ; I ni!, ahall be required prior to approval of any.parm lt (eYoe pt special permits pursuant to Article 13) effecting the
height, bulk, toeaUort or exterior configuration of any existing bullding; or for the ereetlon of any now building; extwiar
demolition permits, or for the location, relocation or alteration of any structure, parking area or vehicular way visible from a
public street j
The purpose of the M = c1 Sin -j,; ?nrn)lr shall be to ensure conformlty of the application with the expressed Intent of this district,
with the criteria hated In Section 1305, wtth the special considerations listed below. and any other applicable crusta specified In this
ordinance, as amended. in making detemenatlons concerning construction of new principal buildings or substantial exterior elteretlons of
existing principal buildings, the Director of the planning and Zoning Department shall obtain the recommendation of the Urban
Development Review Board (UDRB). In the event that the UORS fails to meet witMn thirty (30) days or falls to makes recommendallon
to Ina Planning Director within sixty (eo) days after plans have bean submitted for review, the requirement for UDRi3 review may be
waived If the Director of the Planning and Zoning Department determines that tree proposal is In compliance with the applicable criteria
as set forth in Section 1305.
1) Along Coral Way, the pedestrian open apace at ft ground floor frontage shall be so designed, Improved and located to provide
an attractively landscaped appearance that compllmerds the existing banyan trees and Its gateway role.
2) Offstreet parking shall not be placed In required yards; or required open space ad)aeont to Coral Way, and vehicular
entrances shall be discouraged along Coral Way when access from other public rights-of-way is available; depending on the
nature of the proposed use_
3) Interfm landscape, Prior to demolition and removal of existing; structures, pavement and/or vegetation from a development site, the
owner or developer shall be required to obtain all demolition approvals and tree removal permits as necessary. The Zoning
Official may require as a condition of approval for a demolition permit fhat alts of demolition shall not be loft In a barren,
undeveloped state without commencement of vertical conatructfon or revegitatlon within softy (60) days of clearing.
Ravegetation shall include sodding with grasses or other ground cover to prevent soil erosion and blowing of airborne particulate
matters and debris. Owner will he required to maintain the landscape.
Chain link fence shall not be placed In required opon space adjacent to Coral Way unless i( Is of a temporary nature to secure an
unsafe structure prior to demolition or hes bean vtsualty screened with landscape material,
PERMITTED PRINCIPAL_ USES
Principal uses and structures we as penntitod generally or condltlonally by special permit in the underlying district. except
prohibited uses as listed below anal) not be permitted.
f
CONDITIONAL PRINCIPAL USES
Conditional principal uses shall be subject to the applicable riiter:ia in Section 1306 and any other applicable criteria spedited in this
ordinance, as amended.
Some as for the underlying district with the limitations listed in prohibited Uses and in addition, for the c-1 district only:
1. Convalescent homes, nursing homes, Institutions for the aged or Inflrmed, foster homes, group homes and orphanages only.
where the ground floor frontage along Coral Way Is designed with an active, pedestrian oriented specs that goes not dlminlsh
pedestrian activity, induding lobtAea.
By S
ra.r., e-. -�----- - ._
urr-ar -lily, wt u1mr-ial imormationr please refer to Zoning Ordinance 11000, as amended, the
i Zoning Ordln$nce of the City of Miami or visitnernttrJle-,-;— —
5_c,n-i for on-line access to said document
Page 1 of 3
I;
� AAQ
SD -6J CORAL WAY SPECIAL OVERLAY DISTRICT
Zoning Ordinance 11000, as amended, Section 623. Coral Way Overlay District
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
CONOlT10NAL PRINCIPAL USE8 CONTINUEQ-
2. Commercial parking loft only when designed to diminlsh the visual appearance of cars from: Coral Way.
By r'I;,". 11 V^:':71L.
3. Nvw automobile sales. only when located within a completely enclosed showroom structure fronting along Coral Way.
By Specie( Exception Permit.
4. Automotive sarvice stations, automotive repairs and car wean faciiitles
By Spocial Exception Pormlt_
G. Public storage facilities only when situated on the site In a location other than the ground floor frontage of Carat way, and In
conjunction with a ground floor Coral Way frontage use and design, that promotes active, pedestrian friendly activity.
By Special Exception Permit.
6. Retail establishments operating from the hours of midnight to 6:00 a -m.
By Special Exception Permit
7. Cllnlce, medical or dontal as follows:
if tauter five thousand (5,000) square feel in area:
By i; `5j -..J^1 A -.'rind ,
if over five thousand (5,000) square feet:
By Special Exception Permit
8. Hotels, residence hotels, motets, tourist homes, lodging houses, single room occupancy facilities, guest homes and other
transitory residential uses generally not "danced by a leasehold transaction,
By Special Exception Permit,
PERMITTED ACCESSORY USES
Same as for the underlying district with the limitations listed In prohibited uses.
CONDITIONAL ACCESSORY USES
Conditional acc"Gory Uses shall be subject to the applicable Criteria in Section 1305 and any other aplAcable criteria specified in this
ordinance as amended.
Same as for the underlying district vAth the liimitations contained prohibited uses, and including the following:
1. A. Where the underlying district is O Office, photographic studios, outdoor photography and associated stage safe, only in
conjunction with photographers' offices
By t-aFi..
S. Where the underiying district is C-1, Restricted Commercial, outdoor photography and assoclated staige sets only In
conjunction with photographers' studios
By :1 i.`orol -
2. Used automobile sales and vehicle rental, only as accessory uses to new automobile dealerships within enclosed structures,
and only when located on the site in a tocatlon other then the ground floor frontage of Coral Way.
3. Sales display and outdoor diving within open, or partially open apace -
All Sales, display of uses permitted herein above shall be contained within completely enclosed buildings except as specified
below.
Within open space, or partially open space, the following uses may be permitted conditionally, subject to a -I. n :=,i.
upon providing a minimum of one (1) parking spece per vending cart aqd complying fully with the (errs set forth in Section 602.10
Minimum required off-stroet paridng, of this ordinance.
1. Outdoor dining ares;
2. Diaptay and sale of the following items from vending carts:
(a) Flowers, plants and shrubd; vegetables, produco, citrus or other unpackaged foods, not requiring refrigeration or
further preparation, subject to applicable state health regulations_ and
(b) Arta and crane_
However, no a ,r.;>> ^rr•i shall be granted allowing existing uses to expand their retail activity or to display their merchendise
Into existing open or partially open space.
All exhibits. displays and sale of items shall be conducted from vending carts subject to the alteria specified in the "Coconut
Grove Vending Guides and Standards"; said criteria may be modified by the zoning board pursuant to a Special Exception Permit
upon finding that the requested modification are Justified due to one (1) or more of the following special conditions:
1. Established pedestrian flow patters:
2_ Extsling landscape features: .
3, Govommentel action, which creates a peculiar configuration on the sutrjact property.
PROHIBITED USES
The prohibited uses listed below shall not be permitted:
1. Gommunity based residential facilities
2. Private dubs, lodges, fraternities and sororities operated for profit
3. Coln laundry operations
a. Pool halls, billiard parlors, and game rooms
S. Used automobile deafetahlps
9. Ambulance service
Submitted into the public
record in connection with Page 2 of 3
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
3D.23 CORAL WAY SPECIAL OVERLAY DISTRICT
Zoning Ordinance 11000, as amended, Sectlon 623. Coral Way Overlay District
-... _ ... ...._._ _.... - _
7. Sawlog shops
B. Hiring halls or labor pouts
S. Discount membership merchandisers
10• Vehicle rental fecliftl"
11_ Aluminum recycling machines
OFFSTREET PARKING
Parking requirements shalt be as for the underlying district, except as follows:
1. Rraductions in overall nonresidential parking of up to ten (10) percent maybe granted pursuant to a if
metered parking Is located along any street frontage adjaoerd to the proposed establishment_
2. One hundred (100) percent of nonreeldendal parking maybe located offsite, pursuant to a t:�a='r. '1 Wit. : +i r �rr,;i', as long as
such parking Is located no more than one thousand (1,000) feet from the subject establishment to be served by such parking: the one
thousand (1,000) foot distance 11mltation Is to be measured from the nearest point of the subject establishment to the nearest point of the
property on which the parking is located. In order to locale such parking offsite as described above, a lease for such parking will be
required for a minimum of three (3) years. The Class II Special Penult will run for the eamo time parlod as the lease and may be
renewed upon appropriate lases wdenslono be granted_ Such parking area may be an a surface lot or a garage structure, as long as
such apaces are excese and not othamilsv required for another use.
3. For reratourani/food service establishments, as adaptive re -use of an existing structure, any square footage utilized for kitchen
and/or storage areas will not be counted towards parking requirements.
El
Submitted into the public
record in connection with Page 3 of 3
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
SPATE OF FLORIDA MPXRTMENT OFTRANSFORTATfON 575-OJ0.t2
OUTDOOR ADVERTISING PERMIT CANCELLATION RIGWW:WAY
-
CERTIFICATION 10M
INSTRUC1100i6 (PW" type Or fW out In InIQ:
I. USE ONE (1) CANCELLATION CERTIFICATION FOR EACH SIGN LOCATION (MAXIMUM OF TWO (Z PERMITS).
2. NOTE: THE NAME, ADDRESS AND ACCOUNT NUMBER MUST BE THE SAME AS THE NAME. ADDRESS AND ACCOUNT NUMBER OF
RECORD- THE ADR£SS OF RECORD WILL, BE CHANGED IF'YE8' IS CHECKED.
9. PERMIT OR PERMIT TAG NUMBERS MUST BE FILLED IK THE DEPARTMENT WILL NOT COMPLETE THIS SECTION OF THE FORM FOR
YOU, AN ORIGINAL SIGNATURE IN PART 2 IS REQUIRED.
a. INDICATE DATE OF REMOVAL AND STATUS OF EACH PERMIT TAG. PURSUANT TO SECTION A7E.07, FLORIDA STATUTES, PERMIT TAGS
V611CH ARE NOT RENEWED OR RETURNED TO THE DEPARTMENT MUST BE ACCOUNTED FOR IN WRITING,
S, THIS FORM IS NOT TO BE USED TO REQUEST REPLACEMENT PERMIT TAGS.
S. INCOMPLETE OR INCORRECT FORMS WILL BE RETURNED. THE DEPARTMENT WILL N40T KAKE CHANGES TO THIS POW.
T. RETURN COMPLETED APPLICATION TO: FLORIDA. DEPARTMENT OF TRANSPORTATION
STATE OUTDOOR ADVERTISING CONTROL OFFICE
WS SUWANNEE STREET, MAIL STATION 22
TALLAHASGEE,FL 32349-04S
For anistence M comp"no tMe farm, Pbaao cell (M) 414-4545
ACCOUNT NAME1 ACCOUNT NUMBER: 5 0 9 0 4
Outlook Media of South Florida LLC
ADDRESS OF RECORD: (Ie lids A chanoe of ecicims7 ❑ YosXj No)
2295 S. Hiawassee Rd. Suite 203
CITY STATE: 3ZipCoclw TELEPHONE 407-363.1212
Orlando FL 32835 NUMBER;
IS/ARE PERMIT(S) BEING CONDITIONALLY CANCELLED AS A REQUIREMENT FOR ISSUANCE OF A NEW PERMIT? ❑ Yea ❑ No
IF YES, THIS CANCELLATION CERTIFICATION SHOULD BE SUBMITTED TO THE ADDRESS ABOVE WITH YOUR PERMIT APPLICATION- IF THE
APPLICATION IS DENIM, THE REFERENCED PEfRMrrS WILL NOT BE CANCELLED.
LOCAT1 "TATUS 11
HIGHWAY TO WHICH
COUNTY:
Miami --Dade
9"TION. IN THE SPACES PROVIDED, PLEASE INDICATE THE COUNTY AND THE NAME AND NUMBER OF THE
SIGN IS PERMITTED, THE PERMIT OR PEFIJA(T TAG NUMBER(S) TO BE CANCR I E . AND THE STATUS OF THE
SIATUS OF PERMIT TAG;
ENCLOSED ❑ DESTROYED
❑ LOST ❑ STOLEN
STATUS OF PERMIT TAG:
❑ ENCLOSED ❑ DESTROYED
❑ LOST ❑ STOLEN
THE CERTIFICATION BELOW
HIGHWAY NAME AND NUMBER -
1 -95 (SR 9)
DATE SIGN REMOVED:
N (A
HIGHWAY NAME AND NUMBER:
DATE SIGN REMOVED:
BE EXECUTED BY THE
PERMIT OR
PERMIT TAG
NUMBER TO `A 17 9
CANCEL:
PERMIT OR
PERMrrTAG
NUMBER TO
CANCEL
OR AUTHORIZED REPRESENTATIVE OF THE BUGINM,
l HEREBY CERTIFY THAT IT IS MY INTENT THAT THE ABOVE -REFERENCED PERMITS) BE CANCM I — I FURTHER CERTIFY THAT I AM
AUTHORIZED TO SIGN THIS CERTIFICATION ON BEHALF OF THE PERMIT HOLDER AND THAT ALL ENTITIES WITH A RIGHT TO ADVERTISE ON THE
REFERENCED SIGN HAVE BEEN TIRED OFTWE PERMIT CANCELLATION. 1
` Real Estate Mgr.
(Signal d et or tallve) i (Poaon or Gt(e)
I �'�>� 4✓'� t k1h1 i�%j �,7 ry � Ob�
(PflnteQ name of pemdt halcbar Or rapretarAativej (Date)
Submitted into the public
record in connection with
item PZ.3 on 05_ 28-09
Priscilla A. Thompson
City Clerk,_ _
Dome ( city directory J city officials J commission agendas I ernployment J evens s
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
home I City directory cite officials I commission agendas I employment I events
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INFORMAT10N
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Cor imissioner
JOE M. SANCHEZ
NE ID
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N Name
CORAL WAY
NE Administrator
LIZA WALTON
NE Phone
(305) 329-47SO
Coe Enf, ID
3
Co a Enf. Administrator
FRANCISCO MARCOS
e Enf. Phone
305) 329-4770
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
tii�ni�nna
home j city directory cit). officials J commission agenclas 1 eMplpyrnent i events,
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Enter Result Type t�'V R-3
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PROPERTY
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10141380012070
Prc Per'y
Ad rens
3.700 SW 3 AV
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SEVENNINE LLC
M ung
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331 SW 19 RD, MIAMI FL 33129
HOLLEMAN PARK PB 8-23
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V ription
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
6/20/2008
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
6/20/2008
ani
101
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
0
ix itv urM
City of Miami
Building Department
Permit Application `O
Process #• 0500 f -'
Total Due
Permit #:
Job Location
Owner Lessee Itiformation
Folio Number: _L ('3 - a 1 -10 r 0
Owner. S Go G iJN w�
JobAddress: I \Ij A v Zip:. f5S x -4- OL
Owner's Address: 1flA SW \ZQ 4'6 AMI 33)
Legal Address: IrItio S
Phone: ri A E -Mail: ,.4 A
L it No: N a
Lessee: davit e_ M Z6 u 'luQ,O
Commercial 13 Residential ❑ Dry Run I
Lessee Address: 961J- J 5 9.
❑ Owner ❑Contractor Lessee
Phone: '-to7.363.E-Mail: h eelCva,�..
Contrictor.Information `' .::. ,...::.::.: :.:.,
, .',:.:::: ,,' :.,:;:.:; ,. General Information ...::. :::..... .
Contractor's License/Re 'sttition No: I, I S 16 19 -v
I Proposed Use of Building-
uildin
Contractor's
Contractor's Social $ecurity Number: �43
Current Use:
Oualifier'sName: V; L_
Job Description: ot.> Zi2c�ctionU r �� tet?
Company's Name: ;CN t. New Construction Total Cost?aalz�'00O
Address: Li to TZ,
New Construction Sq. Ft: `3t. )y Lineal Ft:
City: vA s 1b State: %„ Zi r)5
Remodelin Total Cost: Nis
Phone: War?, (off.
Remodeling Sq. Ft Lineal Ft -
E -Mail: NaUnits:
.✓A Floors: &A Height: :r+ Gallons:
If this is related to another permit, you must grovide :
Master Permit Number: Pisa No:
Threshold Ins ector:.;;:..:-.;......;:
a::..:..:.- ,
-:::.;-<:..::...-...-..; Bondin Com an .:.,.:
Name:
Name: NA
Address:
Address: ---
Phone:
Phone:
",..:_,-:.• ..:,.. „ Permit Type
=':=.:'':.::. En i eer/Architect Information
❑ Building ❑ Plumbing
En ineer's Name: W, o tvc A
❑MechaoicaVAC ❑Plumbin /Gas
Address: $ Si T wha st
0 Electrical ❑ Roofing
Phone: - a tt7, r)rk7,1 C4 E -Mail: N.A
❑ Landscaping Sin
Architect's Name: •j PA
❑ Electrical ❑ Roofing
Address: —
p Fire ❑ Mechanical Elevator
Phone: E -Mail:
Chan a to Esistin Permit
Bnildin Pertnif tint
❑ Cbange of Contractor (CR) 0 Change of Qualifier (CQ)
❑ Re -certification of Plans (RC) []Plans revision (RV)
❑ Completion Permit (CP)
@New Construction ❑ Addition
❑ General Repair/Remodeling ❑ Misc. Building
❑ Change of occupancy ❑ Demolition
❑ Change of Use
�*I
G a�3 v;tt_pt�
I understand that separate permits must be obtained for other items (it, electrical, plumbing, roofing, etc.), unless specifically
'+ M
a
Owner's Affidavit: I certify that all the forgoing information is correct. Owner Certifies that the aforementioned Contractor has the
fD0-
3
°
3
1 have read the information contained in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit, �-�//1 �j'f�•
Si red ori tur6 f Qualifier
ublic &atteeoof %Fiorida v � i�
P
C'c': '2.0"�.i
GDt�iu; ; 8 •SCF.:p'��L_ C *`4
Print mor tLo Expires Uil0112U1 i Print \ame
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CertintesRequired: Pians
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I understand that separate permits must be obtained for other items (it, electrical, plumbing, roofing, etc.), unless specifically
covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction in
accordance with the plans and specifications and for compliance with all federal, state, and county laws applicable.
Owner's Affidavit: I certify that all the forgoing information is correct. Owner Certifies that the aforementioned Contractor has the
authorization to perform the work as specified above.
Lessee's Affidavit: Lessee certifies that he has full consent and authorization from owner of subject property to perform the above-
mentioned work and to hire above captioned contractor.
1 have read the information contained in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit, �-�//1 �j'f�•
Si red ori tur6 f Qualifier
ublic &atteeoof %Fiorida v � i�
P
C'c': '2.0"�.i
GDt�iu; ; 8 •SCF.:p'��L_ C *`4
Print mor tLo Expires Uil0112U1 i Print \ame
State of F ry o P d `` State of Florida, County of Miat0H3tit;
Sw to and sub qbe fore is Sworn to and subscribed before mels
ay of E " ✓ 20 Day of'ci 20�'
By :� n By _
(SEAL) (SEAL)
Person i n ersonally known or Produced Ident f p '
Type f Identification oduced L . 7t� V ? `ti rb ' �' Type of identification produced Z�
FOR BUILDING DEPARTMENT USE ONLY
Jab Coder
CertintesRequired: Pians
No. Of Sheen:
V
❑ CO. ❑ C.c. o No
Tracking required��
rS
(�
Application Received by:,, "t y:
' f - Date: l Perms Authorized b
i
Rev 2/02
c
4
(50
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Florida Department of Transportation
CHARLIE CRIST 605 Suwannee Street
GOVERNOR Tallahassee, FL 32399-0450
July 3, 2008
Outlook Media of South Florida LLC
2295 S. Hiawassee Road, Suite 203
Orlando, Florida 32835
STEPHANIE C. KOPELOUSOS
SECRETARY
RE: Outdoor Advertising Permit Application(s), #57213 and 57214
Proposed Location: 50 feet west of SW 3 Avenue
Gentlemen:
We are unable to review your permit application(s) for the above -referenced location at
this time. Prior to receipt of your application, we received an application for a competing
location.
Pursuant to Section 14-10.004(1)(e), Florida Administrative Code, your application(s) will
be held without action by the Department until the pending status of the earlier
application is resolved. You will be notified when this occurs.
If you wish to withdraw your applications, please submit a written request to me at Mail
Station 22 at the address above, referencing the application numbers shown. All
application materials, including the check and all attachments will be returned to you.
If you have further questions, please contact me at Juanice.Hagan@dot.state.fl.us.
Sincerely,
cam- 01. alar -.1
Juanice M. Hagan
Deputy State Right of Way Manager
Outdoor Advertising
Submitted into the public
record in connection with.
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
www.dot.state.fl.us 0 RECYCLED PAPER
Y
O
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i
60
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
CITY GF IM1AMI
ZON1'NG DEPARTM = NT
'
��� S.`�Al. 2"" Avenue, 41, Floor, Miami, F L 33130 TaIephona No. 305.416.1499
Fax No. 303.416.1490
ZONING LETTER REQUEST
Dear Customer:
Thank you for visiting with the Ciba of Miami Zoning Department.
In an effort to provide you with prompt and reliable assistance regarding your request for a Zoning Letter we ask that
you please take a moment to please read through this brief set of directions.
There are three (3) types of Zoning Letters�vailable:
1. Zoning Verification Letter i
(Typically ready in 5' working days - $50.00 fee per property)
This letter provides information about the zoning designation of the property, as of the date of the letter, as
well as a general intent statement regarding the sort of development and the types of land uses available for
the property.
2. Condominium Letter O
[Typically ready in 5 to.10' working days - $50.00 fee per property and tax card.]
This letter provides information about the zoning designation of the property, as of the date of the letter, as
well as a statement conveying the City's acknowledgement of the customer's intent to convert a given property
into a condominium, as appropriate.
3. Rebuild Letter to
(Typically ready in 5 to 10' working days - $50.00 per structure or use and tax card.)
This letter provides information about the zoning designation of the property, as of the date of the letter, as
well as a statement indication whether or not a structure or structures or uses present in the 'property may be
rebuilt upon destruction or reestablished upon cessation, as appropriate.
In order to best serve you, please make certain that you provide us with a complete• set of accurate information on
which to base our letter, The information contained on the letter will only be accurate to the extent the information
provided by the applicant is itself accurate!
Step 1. Please check box next to type of letter requested.
Step 2. Please rill -out in clear and legible writing the information requested below, as applicable.
INFORMATION I FOR LETTER
PLEASE PROVIDE INFORMATION IN SPACE BELOW
LName 1 .2 8 3
' it
--
I Contact Number j 1,2 & 3
--j
j -Malting
_L
_r.. _J
Address !1: 2_.&,3_.__
`^y_ µJS /«, r�
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1 Property Address ; 1,2 &3
�:.rr ,, 4:�. •,�,r;-, , �/ ''ii
M
I-1,2 &
;Folio Number-..
3--`iI
`YC-/E
-- -
Attachments f 2 3❑..._.S.
it_e Plan, n, S-�'urv^e Y.,C ❑FI Plan, levations 1 9_ Document ( s)- - -�
Record Search __&
-❑�rr
-
_
❑Compete ❑Tax Card OnlyONL]
As eedOther [STAFF' ed.
Specify ry
o o
f3D
❑ Complete Application
; r• : 1
Signed: ate:
n3
0
0 .6
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3
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Calculated from date of submittal of complete and accurate set of information and written request, as signed above.
ao
W
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
7
FLORIDA DEPARTMENT OF TRANSPORTATION
RE: Application for outdoor advertising sign permit
To be completed by applicant: X.
Name of Applicant or Company: '
Sign is: Q existing ❑ proposed
County: 1�%��_ Municipality, if applicable: _
Highway Name & Number.
Sign location description: J_
Section: S7 Township: Range:
Parcel ID#:
To be completed by appropriate zoning official:
'ice Cy J4 /f
Designation of parcel on the Future Land Use Map: �.� / / �.
The allowable land uses under this designation are (lit all):
PSE 5'* /- e '!` I -moi ay u, ,_S tell
Current zoning of parcel (from Land Development Regulations):
The allowable land uses under this designa on, are (list all)-riaYY
a?
NOTE: Copies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable uses
above.
Is location within city limits: KYes ❑ No If yes, name of city: ./V i
Please provide the name and telephone number of the person the Department may contact if additional information is
required:
Name: Z'Arj J5 f"-7 � Telephone #:
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive
plan adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the
county/mularctity named above:
4 zl,;�, �
Signature flfl-tical Government Official Date'/
��� r z /� � to -a -w yr y � 1 r vt r ,} 4r ct4e ✓"
Printed Name and Title
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit
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Local Government Permissii
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Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
0 •
071"FiV2009 14:04 2504144856 FUDT OFFICE OF ROW PAGE 01/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
NOTICE OF DENIED APPLICATION
Andres Monsalve-AM[? Media
299 SW 17 Road
Miami, Florida 3312:9
RE: APPLICATIONS) FOR STATE SIGN PERMIT(S) FOR LOCATION DESCRIBED AS:
Date Received: .lune 17, 2008 Application #,`(s): 57196 and 57197
We are returning the subject application(s) with your check, number(s) 93 in the
amount of $81.00.
These applications were not approved for the following reason(s):
Incorrect information at number(s)
[s.479.07(3)(b), FS]
Sign does not meet spacing requirements (1500' for interstates, 1000 for FAP)
[s.479.07(9)(a)1,&2.]
In conflict with permitted sign(s), tag*(s) held by
— Within 500 feet of an interstate interchange, outside incorporated area
[2.14-10.006(4)(e), F.A.C.]
Height above crown of road exceeds statutory limits
[s,479.07(9)(b), FS]
Distance off state right of way is less than 15 feet, per location markings
[s.479.11(3), FS]
Location is not permittable under land use designations of site
[s.479.111(2), FS]
_ Location does riot qualify as unzoned commercialfindustrial area
[s,479.01(23), FS]
Sign/location doer not comply with all local government requirements
[s.479.07(3)(b), FS]
Landowner autho "ization does not specify that you have permission of erect a billboard on
the site identified in the permit application
[14-10.004(1)(d), F.A.C.]
No stake/markings found at location specified in application
[14-10.004(1)(c), F,A,C,}
xxx Other: No statement from the appropriate local governmental official indicating
that the
agency or unit of local government will Issue a permit to the applicant upon
approval of
the state permit application by the Department (Section 479.07(3)(b), Florida Statutes),
YOU ARE NOTIFIED THAT, if you believe your application has been improperly denied, you may
file a request for an administrative proceeding pursuant to Chapter 120, Florida Statutes, as set
forth on the Notice of Administrative Hearing Rights included with this Notice of Denied Application.
Date issued:�'� :Z (X%
BY:/I? 17Y 1
Outdoor AdvertisintPAO ffice
License and Permit Office
605 Suwannee Street, Mail Station 22
Tallahassee, Florida 323990450
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. 'Thompson
City Clerk
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
V
r
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Haydon Burns Building
605 Sum annee Street
Tallahassee, Florida
ANDRES MONS ALVE,
Petitioner,
VS.
DEPARTI\-TENT OF TRANSPORTATION,
Respondent,
and
OUTLOOK MEDIA OF SOUTH FLORIDA
LLC,
Intervenor.
I
FINAL ORDER
DOAH CASE NO. 08-4039
DOT CASE NO. 08-067
On June 17, 2008, Respondent, State of Florida, Department of Transportation
(Department), received two applications for outdoor advertising permits numbered 57196 and
57197 submitted by Petitioner, Andres Monsalve (Mr. Monsalve). By Notice of Denied
Application issued on July 3, 2008, the Department notified Mr. Monsalve that the applications
were denied because the applications had no statement, as required by Section 479.07(3)(b),
Florida Statutes, from the appropriate local governmental official indicating that the agency or
unit of local government would issue a permit to the applicant upon the Department's approval
of the state permit application.
Page 1 of
Submitted into the public
record in connection. with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
An amended Notice of Denied Application was issued on July 15, 2008. The amended
notice reflected that Mr. Monsalve's applications were denied because the proposed signs
would be in conflict with an existing permitted sign and could not, therefore, meet the spacing
requirements for outdoor advertising signs set out in Section 479.07(9)(a), Florida Statutes,
and because the proposed location does not comply with all local governmental requirements as
provided in Section 479.07(3)(b), Florida Statutes. The amended notice also indicated that the
building permit submitted with the applications was not in compliance with local governmental
requirements.
Mr. Monsalve filed a Petition for Formal Hearing on August 4, 2008, and the matter
was referred to the Division of Administrative Hearings on August 19, 2008. On September
17, 2008, Outlook Media of South Florida, LLC (Outlook Media), filed a corrected motion to
intervene. The motion was granted and Outlook Media was afforded intervenor status.
A formal administrative hearing was held on November 4, 2008, by video
teleconference with connecting sites in Miami and Tallahassee, Florida, before Errol H.
Powell, a duly appointed Administrative Law Judge. Appearances on behalf of the parties
were as follows:
For Petitioner: Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1714
For Respondent: Kimberly Clark Menchion, Esquire
Department of Transportation
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 32399-0458
Page 2 of 5 Submitted into the public,
record in connection with
item PZ.3 on 05.28-09
Priscilla A. Thompson
City Clerk
For Intervenor: Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Brickell Avenue, Suite 1500
Miami, Florida 33131
At the hearing, Mr. Monsalve's renewed motion for continuance was denied and a
motion to dismiss filed by Outlook Media was denied. Mr. Monsalve testified in his own
behalf and entered 14 exhibits into evidence. The Department presented the testimony of Lynn
Holschuh and entered seven exhibits into evidence. Outlook Media neither presented the
testimony of any witness nor offered any exhibits into evidence.
The transcript of the hearing was filed on November 17, 2008. The Department and
Outlook Media timely filed their proposed recommended orders on December 1, 2008, and
Mr. Monsalve filed his proposed recommended order on December 2, 2008. There was no
objection to the late filing of Mr. Monsalve's proposed recommended order and the
Administrative Law Judge Issued his Recommended Order on December 17, 2008. Outlook
Media filed exceptions to the Recommended Order on January 5, 2009. No responses to the
exceptions were filed.
STATEMENT OF THE ISSUE
As stated by the Administrative Law Judge in his Recommended Order, the issue
presented was:
[W]hether Petitioner's applications for a State sign permit should
be granted.
EXCEPTIONS
Outlook Media takes exception to the Recommended Order Findings of Fact 7, 8, 17,
and 18, and Conclusions of Law 31 and 32, for the purpose of clarifying a clerical error
consisting of the failure to reference both application numbers
Page 3 of 5
Outlook Media's exception is
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
well -taken. Findings of Fact 7, 8, 17, and 18, and Conclusions of Law 31 and 32 are modified
to include both application numbers.
FINDINGS OF FACT
After review of the record in its entirety, it is determined that the Administrative Law
Judge's Findings of Fact in paragraphs, 1 through 6, 7 and 8 as modified, 9 through 16, 17
and 18 as modified, and 19 through 25, are supported by competent, substantial evidence and
are adopted and incorporated as if fully set forth herein.
CONCLUSIONS OF LAW
1. The Department has jurisdiction over the subject matter of and the parties to this
proceeding pursuant to Chapters 120 and 479, Florida Statutes.
) The Conclusions of Law in paragraphs 26 through 30, 31 and 32 as modified, and
33 through 39 of the Recommended Order are fully supported in law, and are adopted and
incorporated as if fully set forth herein.
Based upon the foregoing Findings of Fact and Conclusions of Law, it is
ORDERED chat Andres Monsalve's outdoor advertising permit applications numbered
57196 and 57197 are denied,
DONE AND ORDERED this =�"`{day of January, 2009.
Stephanie C. Kopelousos
Secretary r
Department of Transportation
Haydon Burns Building
605 Suwannee Street rr
Tallahassee, Florida 32399'
Submitted into the public page 4 of 5 r
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
NOTICE OF RIGHT TO APPEAL
THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE
APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA
STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE
PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE
REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE
PROCEDURE, BOTH WITH THE APPROPRIATE FILING FEE, AND WITH THE
DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS
BUILDING, 605 SUWANN�TEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399-
0458, «'ITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.
Copies furnished to:
Kimberly Clark Menchion, Esquire
Assistant General Counsel
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399
Errol H. Powell
Administrative Law Judge
Division of .Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Lynn Holschuh
State Outdoor Advertising Administrator
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 22
Tallahassee, Florida 32399
Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1714
Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Brickell Avenue, Suite 1500
Miami, Florida 33131
Page 5 of 5 Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ANDRES MONSAZ11E,
Petitioner,
M&M
DEPARTMENT OF TRANSPORTATION,
Respondent,
and
OUTLOOK MEDIA OF SOUTH FLORIDA
LLC,
Intervenor.
Case No. 08-4039 -
RECOMMENDED ORDER
Pursuant to notice, a final hearing was held in this case
on November 4, 2008, by video teleconference with connecting
sites in Miami and Tallahassee, Florida, before Errol H. Powell,
a designated Administrative Law Judge of the Division of
Administrative Hearings.
APPEARANCES
For Petitioner: Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida 33131-1714
For Respondent: Kimberly Clark Menchion, Esquire
Department of Transportation
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 32399-0458
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk i
For Intervenor: Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Br.ickell Avenue, Suite 1500
Miami, Florida 33131 -
STATEMENT OF THE ISSUE
The issue for determination is whether Petitioner's
applications for a State sign permit should be granted.
PRELIMINARY STATEMENT
On or about.June 16, 2008, -Andres. Monsalve filed.two
applications for a State sign permit with the Department of
Transportation (DOT). By Notice of Denied Application (Notice
of Denial) issued July 3, 2008, DOT notified Mr. Monsalve that
his applications were denied, pursuant to Section 479.07(3)(b),
Florida Statutes, for the failure to include a statement from
the appropriate local governmental official indicating that the
agency or unit of local government would issue him a permit upon
approval of the state permit application by DOT. On July 15,
2008, DOT issued an amended Notice of Denial, notifying
Mr. Monsalve that his applications were denied for the failure
to meetspacing requirements of 1500 feet between outdoor
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advertising signs pursuant to Section
479.07(9)(a)l. and 2.,
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permitted sign; for the failure of the
sign to comply with all
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local government requirements pursuant
to Section 479.07(3)(b),
Florida Statutes; and for the failure
of the building permit
2
submitted, with the application to comply with local governmental
requirements. Mr. Monsalve filed a Petition for Formal Hearing.
On August 19,;,2008, this matter was referred to the Division of
Administrative Hearings.
On September 17, 2008, Outlook Media of South Florida, LLC,
(Outlook Media) filed a Corrected Motion to Intervene. The
motion was granted and Outlook Media was granted intervenor
status in this matter.
At. hearing, Mr. Monsalve renewed his motion for continuance
that was previously denied. The renewed motion for continuance
was denied. Additionally, a motion to dismiss, filed by Outlook
Media, was denied
Further, at hearing, Mr. Monsalve testified in his own
behalf and entered 14 exhibits (Petitioner's Exhibits numbered 1
and 5-17)1 into evidence. DOT presented the testimony of one
witness and entered -seven exhibits (Respondent's Exhibits
numbered 1-4, 7, 8, and 11)2 into evidence. Outlook Media
neither presented the testimony of any witnesses nor entered any
exhibits into evidence.
A transcript of the nearing was ordered. At the request of
the parties, the time for filing post -hearing submissions was
set for ten days following the filing of the transcript. The
Transcript, consisting of two volumes, was filed on November 17,
2008_ DOT and Outlook Media timely filed their post -hearing
Submitted into the public
record in connection with
3 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
submissions. Mr. Monsalve failed to timely file his post -
hearing submission; however, no objection was made to his late -
filed post -hearing submission. Mr. Monsalve's post -hearing
submission is accepted as filed. The late -filing of the post -
hearing submission, without objection, is considered an
extension of the agreed upon ten-day filing period. The
parties' post -hearing submissions were considered in the
preparation of this Recommended_Order.
FINDINGS OF FACT
1. No dispute exists that DOT is the State agency
responsible for regulating outdoor advertising signs located
within 660 feet of the State Highway system, interstate, or
federal -aid primary system in accordance with Chapter 479,
Florida Statutes.
2. Mr. Monsalve wishes to place two advertising signs
within 660 feet of.Interstate 95 and visible to Interstate 95.
The advertising signs require a permit.
3. On or about June 16, 2008, Mr. Monsalve filed two
applications, completing DOT's forms titled "Application for
Outdoor Advertising Permit" (Application); with DOT for outdoor
advertising signs. The two applications indicated the same
location for the outdoor advertising but with different height,
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width, and total square feet: one was a height of 4 feet, width '
of 6o feet, and 240 total square feet; and the other was a
4
height of 12 feet, width of 12 feet, and 144 total square feet.
The two Applications were assigned Application numbers 571.96 and
57197, respectively. The location for the proposed outdoor
advertising signs is 299 Southwest 17 Road in Miami, Florida,
near Interstate 95, North of Southwest 3rd.Avenue.
4. Mr. Monsalve owns the property on which the advertising
signs are to be located.
5. The Application contained a. -section titled "Local
Government Permission." The section provided that it was to be
completed by the appropriate local government official or that a
"written statement indicating that the sign complies with all
local government requirements" may be submitted or, "for a
proposedsign location, a copy of the building permit issued by
the local government may be submitted." The section was neither
completed by the local government official nor was a written
statement submitted indicating that the signs comply with all
local government requirements. However, Mr. Monsalve submitted
a 1999 building permit from the.local government. The local
government was the City of Miami.
6. The 1999 building permit was issued by the City of
Miami on July 13, 1999, to Hampton Inn for a commercial painted
wall sign, located at 299 Southwest 17 Road. The building
permit was issued Permit Number SG 99-5011166. The Folio
--------- -
Submitted into the public
record in connection with
5 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Number, i.e., Property ID Number, on the 1999 building permit is
No. 01-4138-002-0020.
-7. Mr Monsalve owns the property for which the -1999
building permit was issued for the advertising sign. The
property is the same property identified on his "Application,
assigned Application number 57197.
8. DOT requires that, in order for a building permit to
constitute. "local. government permission," the permit. must have
been issued within six months of the date of an application for
an outdoor advertising sign. The 1999 building. permit submitted
by Mr. Monsalve was beyond the six-month time period of the date
of Application number 57197.
9. Furthermore, by letter dated. Jute 25, 2008, the City of
Miami notified DOT that the 1999 building permit no longer had
legal status due to the City of Miami changing its laws
regarding billboards and that Mr. Monsalve did not have local
government permission.'
10. The evidence demonstrates that the 1999 building
permit did not constitute local government permission.
11. The evidence failed to demonstrate that Mr. Monsalve
had obtained local -government permission.
12. In March 2004, DOT issued a permit to the Hampton Inn
for an outdoor advertising sign on Mr. Monsalve's property. The
permit was issued Tag Number CA179, and the sign was built on
Submitted into the public
record in connection with
6item PZ.3 on 05-28-09
Priscilla A.'rhompson
City Clerk
f
August 19, 2004. The permit information provides, among other
information, that the location of the outdoor advertising sign.
was located 0-.04-0 -miles North of Southwest 3r -d .Avenue and that -
the sign was 144 square feet.
13. Hampton Inn and Mr. Monsalve entered into an
agreement/contract for Hampton Inn to lease outdoor advertising
space from Mr. Monsalve at 299 Southwest 17 Road, Miami,
Florida. A Second Lease Agreement between Mr. Monsalve and the
Hampton Inn indicates in provision numbered one that the lease
agreement was extended until March 31, 2007. The evidence
demonstrates that, subsequent to March 31, 2007, the lease of
the space by the Hampton Inn continued on a month-to-month basis
and that the last time that Mr. Monsalve received payment for
the monthly lease was in March 2008.
14. The location for the outdoor advertising sign permit,
Tag Number CA179 is the same location of Mr. Monsalve's proposed
outdoor advertising sign in Application number 57197.
15. In June 2008, .the outdoor advertising sign permit, Tag'
Number CP_179, was transferred from Hampton Inn to Outlook Media
using DOT's form titled "Outdoor Advertising Permit Transfer
Request." The permit is considered by DOT to be currently
active.
16. The location for Mr. Monsalve's Application number
57197 is currently permitted to Outlook Media due to the
Submitted into the public
7 record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
transfer of outdoor advertising sign permit, Tag Number CA179 to
Outlook Media.
1:. -The distance between the proposed sign in -
Mr. Monsalve's Application number 57196 and the space in the
outdoor advertising sign permit, Tag Number'CA179, is less than.
1500 feet.
18. The evidence demonstrates that the sign in
Mr. Monsalve's Application number 57197 conflicts with.the
outdoor advertising sign permit, Tag Number CA179, in that the
two are the same location.
19. Mr. Monsalve believed that he, as the property owner,
owned the outdoor advertising sign permit, Tag Number CA179, as
well. He did not agree for the permit to be transferred.
Mr. Monsalve was not aware that the outdoor advertising sign
permit,'Tag Number CA179, had been transferred by Hampton Inn to
Outlook Media. The evidence was insufficient to demonstrate
that he owned or did not own the permit or that his permission_
was required for the permit to be transferred.
20. Mr, Monsalve did not agree to lease the space for the
outdoor advertising sign permit, Tag Number CA179, to Outlook
Media.
21. Mr. Monsalve notified DOT that a oroblem existed
between him and the City of Miami regarding obtaining local
government permission and requested DOT to put his Application
- - --- -- - - --- - --moi
Submitted into the public
record in connection with
$ item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
on "Hold" in order to provide him with time to resolve the
-problem. He also notified DOT regarding his dispute with the
transfer -of the outdoor advertising sign permit, Tag Number
CA179, to Outlook Media.. DOT is unable to place applications on
hold but is required to act on applications within 30 days.
22. Also, Mr. Monsalve notified the City of Miami, among
other things, of his dispute with the transfer of the outdoor
advertising sign permit, Tag Number CA179, to Outlook Media, and
that he did not give Outlook Media permission to erect a sign on
his property for which the outdoor advertising sign permit; Tag
Number CA179, was issued.
23. By Notice of Denial issued on July 3, 2008, DOT
notified Mr. Monsalve that his Applications were denied for the
following reason:
Other: No statement from the appropriate
local governmental official indicating that
the agency or unit of local government will
issue a permit to the applicant upon
approval. of the .state permit application by
the Department (Section. 479.07 (3) (b) ,
Florida Statutes).
24. On July 15, 2008, DOT issued an amended Notice of
Denial, notifying Mr. Monsalve that his Applications were denied
for the following reasons:
Sign does not meet spacing requirements
(1500' for interstates )
s.479.07(9) (a)1.&2., FS
In conflict with -permitted sign(s), tag #(s)
Submitted into the public _
record in connection with
9 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
CA 179 held by Outlook Media of South
Florida, LLC . . .
Sign/location does not comply with all local
- government requirements -
s.479.07(3)(b), FS
Other: The building permit submitted with
the application is not in compliance with—
local
ith-local governmental requirements.
25. No evidence was presented to demonstrate -that a
determination had been made as to what Mr. Monsalve's legal
rights are as the owner of the property regarding his lease
agreement/contract with the Hampton Inn and the outdoor
advertising sign permit, Tag Number CA179; and regarding the
transfer of the outdoor advertising sign permit, Tag Number
CA179.
CONCLUSIONS OF LAW
26. The Division of Administrative Hearings has
jurisdiction over the subject matter of this proceeding and the
parties thereto pursuant to Sections 120.569 and 120.57(1),
Florida Statutes (2008).
27. These proceedings are de novo. 120.57(1)(k), Fla..
Stat. (2008) .
28. The general rule is that "the burden of proof, apart
from statute, is on the party asserting the affirmative of an
issue before an administrative tribunal." Florida Department of
Transportation v. J. W. C. Company, Inc., 396 So. 2d 778, 788
Submitted into the public
record in connection with
10 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
(Fla. 1st DCA 1981). Mr. Monsalve has the ultimate burden of
proof by establishing through a preponderance of evidence that
he .is entJLtled to the permit for which ha has applied from DOT.
Department of Banking and Finance, Division of Securities and
Investor Protection v. Osborne Stern and Company, 670 So. 2d 932
(Fla. 1996); Antel v. Department of Professional Regulation,
Florida Real Estate Commission, 522 So. 2d 1056, 1058 (Fla. 5th
DCA 1988); J. W. C. Company, Inc., supra.; § 120.57(1)(j), Fla.
Stat. (2008) .
29. Section 479.07, Florida Statutes (2007) and (2008),
provides in pertinent part:
(1) [A] person may.not erect,.operate, use,
or maintain, or cause to be erected,
operated, used, or maintained, any sign on
the State Highway System outside an
incorporated area or on any portion of the
interstate or federal -aid primary highway
system without first obtaining a permit for
the sign from the department and paying the
annual fee as provided in this section. For
purposes of this section, "on any portion of
the State Highway System, interstate, or
federal -aid primary system" shall -mean a
Si
gn located within the controlled area
which is visible from any portion of the
main -traveled way of such system.
(2) A person may not apply for a permit
unless he or she has first obtained the
written permission of the owner or other
person in lawful possession or control of
the site designated as.the location of the.
sign in the application for the permit.
(3)(a) Pm application for a sign permit
L y the _
�11C
must be made Oil a form prescribed by
Submitted into the public
record in connection with
11 item PZ -3 on 05-28-09
Priscilla A. 'Thompson
City Clerk
department, and a separate application must
be submitted for each permit requested. A
permit is required for each sign facing.
(b). As part of the application, the
applicant or his or her authorized
representative must certify in a notarized
signed statement that all information
provided in the application is time -and
correct and that, pursuant to subsection
(2), he or she has obtained the written
permission of the owner-or.othe"r person in
lawful possession of the site designated as
the location of the sign in the permit
application. .Every. permit .application -must _ _.- ...
be accompanied by the appropriate permit
fee; a signed statement by the owner or
other person in lawful control of the site
on which the sign is located or will be
erected, authorizing the placement of the
sign on that site; and, where local
governmental regulation of signs exists, a
statement from the appropriate local
governmental official indicating that the
sign complies with all local governmental
requirements and that the agency or unit of
local government will issue a permit to that
applicant upon approval of the state permit
application by the department.
(4) An application for a permit shall be
acted on by the department within 30 days
after receipt of the application by the
department.
(6) A permit is valid only for the location
specified in the permit. Valid permits may
be transferred from one sign owner to
another_ upon written acknowledgment from' the
current permittee and submittal of a
transfer fee of $ [sic] 5 for each permit to
be transferred. However, the maximum
transfer fee for any rcLiltiple transfer
Submitted into the public
record in connection with
12 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
between two outdoor advertisers in a single
transaction is $ 100.
(7) A permittee shall at all times maintain
the permission of the owner ut other person
in lawful control of the sign site to have
.and maintain a sign at such site.
(9)(a) A permit shall not be granted for.
any sign for which a.permit had not been
granted by the.effective.date of this act
unless such sign is located at least:
1. One thousand five hundred feet from any
other permitted sign on the same side of the
highway, if on an interstate highway.
30. The evidence demonstrates that Mr. Monsalve is
requesting a permit for an outdoor advertising sign on
Interstate 95 highway. § 479.07(1), Fla. Stat. (2007) and
(2008) .
31. The evidence demonstrates that the proposed location
for the outdoor advertising sign for Application number 57196.is
less than 1500 feet from an already permitted outdoor
advertising sign, i.e., Tag Number CP_179, on the same side of
the Interstate highway and, therefore, fails to meet the
requirement of Section 479.07(9)(a)1., Florida Statutes (2007)
and (2008) .
32. Further, the evidence demonstrates that Mr. Monsalve's
sign location for Application number 57197 conflicts with the
permitted outdoor advertising sign, Tag Number CA179.
Submitted into the public
record in connection with
13 item PZ.3 on 05-28-09
Priscilla A.'rhompson
City Clerk
33. The evidence fails to demonstrate that the 1999
building permit from the City of Miami submitted by Mr. Monsalve
with. -his Applications was issued within six months -of his
Applications filed with DOT for the outdoor advertising sign
permit.
34. The evidence fails to demonstrate that Mr. Monsalve
has obtained the local governmental permission, and, therefore,
his Applicati.ons.fail to meet the requirement of Section
479. 07 (3) (b) , Florida Statutes (2007) and {2008) .
35. Mr. Monsalve argues that a dispute exists as to
whether the outdoor advertising sign permit, Tag Number CA179,
was lawfully transferred to Outlook Media by Hampton Inn, and,
therefore, whether Tag Number CA179 lawfully belongs to Outlook
Media. Even though Section 479.07, Florida Statutes (2007) and
(2008), contains provisions setting forth certain requirements
to be met between an applicant or a permittee and the owner of
the sign site or other person in lawful control of the sign
site, a resolution of this dispute in these proceedings is not
within the authority of this Administrative Law Judge.
36. Moreover, Mr. Monsalve argues that the outdoor
advertising sign permit, Tag Number CA179, became invalid at the
termination of the lease agreement for the sign space with the
Hampton Inn on March 31, 2007, citing Lamar Advertising Company
v. Department of Transportation, 490 So
14
2d 1315 (Fla. 1st DCA
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
1986.),. In Lamar, supra, the pertinent fact to the instant
matter, as agreed to by the parties and adopted by the —
Department --of. Transportation, pertain_r'g to the instant matter,
was that the owner of the property on which the outdoor
advertising. sign was located notified the lessee, who was the
permittee for the sign, that the lease would be terminated and
.requested the lessee to remove the sign by June 30, 1984; and
the pertinent conclusion of law, as adopted by the Department of
Transportation, was that .the. lease on the -property. terminated on
June 30, 1984. The court held that the permit became invalid
under Section 479.13, Florida Statutes, which provided that "No
person shall construct, erect, operate, use or maintain any
outdoor advertising.structure, outdoor advertising sign or
advertisement without the.written permission of the owner or
other person in lawful possession or control of the property on
which the structure or sign is located."; that the prerequisite
to'issuance of a permit for an outdoor advertising sign by the
Department of Transportation was the property owner's permission
in writing; that the permit became invalid on the date that the
lease was terminated, June 30, .1.984, and that the "permit ceased
to exist as an impediment due to. Section 479.13" and "cannot
form the basis for denial of a valid permit." Lamar, at 1318.
3.7._ The court in Lamar, supra, .recognized, in a footnote,
that Section 479.13; Florida Statutes was repealed in 1984 and
Submitted into the public
record in connection with
_ 15�
item PZ.3 on 05-28-09
Priscilla A. 'Thompson
City Clerk
replaced in substance with Section 479.07(7), Florida Statutes
(Supp. 1984). -Section 479.07(7), Florida Statutes (Supp. 1984)
_ -s-no different -from Section 479.07 (7) Florida Statutes (2007)
and (2008). In the instant matter, no agreement, exists between
the parties as to the termination of the lease agreement between
the Hampton Inn and Mr. Monsalve. Further, the evidence is
insufficient to establish whetherthe lease agreement was
terminated,: and, if. so, the date. of termination. Additionally,
the evidence fails to demonstrate that a determination has been
made as to what Mr. Monsalve's legal rights are as the owner of
the property regarding his lease agreement/contract with the
Hampton Inn and the outdoor advertising sign permit, Tag Number
CA179. Even assuming that the lease agreement between
Mr. Monsalve and the Hampton Inn terminated prior to
Mr. Monsalve filing his Applications and that the outdoor
advertising sign permit, Tag Number CA179, became invalid prior
to the filing of his Applications, the Applications still fail
to meet the requirement of obtaining'local government
permission.
38. Further, Mr. Monsalve argues that he was entitled to
local governmental permission. The City of Miami refused to
give local governmental permission. A dispute exists between
Mr. Monsalve and the City of Miami as to whether he should
receive local governmental permission
RON
This Administrative Law
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Judge is without authority in these proceedings to address the
dispute.
-- -39..- -Additionally, Mr. Mcnsalve argues that DOT should have
delayed making a determination on his Application to afford.him
an opportunity to resolve the aforementioned disputes. DOT is
required to act on an application for a permit within 30 days of
receiving the application. 479.07(4), Fla..S.tat. (2007) and
(2008). DOT was statutorily obligated to_make. a..determination
within 30 days of receiving Mr. Monsalve's Application, and DOT
did so. DOT made its determination on Mr. Monsalve's
Application within the 30 -day time period.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of
Law, it is
RECOMMENDED that the Department of Transportation enter a
final order denying Andres Monsalve's application for an outdoor
advertising sign permit.
Submitted into the public
record in connection with
17 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
DONE AND ENTERED this 17th day of December 2008, in
Tallahassee, Leon County, Florida.
ERROL H .. POWELL
Administrative Law Judge
Division of Administrative hearings
The DeSoto Building
1230 Apalachee Parkway -
Tallahassee,. Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
w-ww. doah. state . fl . us
Filed with the Clerk of the
Division of Administrative Hearings
this 17th day of December, 2008.
1/. Petitioner's Exhibits numbered 2-4 were rejected.
2/ Respondent's Exhibit numbered 5 is the same as .Petitioner's
Exhibit numbered 10. Respondent's Exhibit numbered 9 is
contained in Petitioner's Exhibit numbered 7.
3/ No testimony was presented by a witness from the City of
Miami.
COPIES FURNISHED:
Linda L. Carroll, Esquire
Carroll Law Firm
1260 SunTrust International Center
One Southeast Third Avenue
Miami, Florida .33131-1714
Submitted into the public
record in connection with
18 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Kimberly Clark Menchion, Esquire
Department of Transportation
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 32399-0458
Joseph DeMaria, Esquire
Amanda Quirke, Esquire
Tew Cardenas LLP
1441 Brickell Avenue, Suite 1500
Miami, Florida 33131
Stephanie Kopelousos, Secretary
Department of Transportation
Haydon Burns Building
605 Suwannee _Street,.Mail Station 57
Tallahassee, Florida 32399-0450
Alexis M. Yarbrough, General Counsel
Department of Transportation
Haydon Burns Building
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 32399-0450
James C. Myers, Clerk
Department of Transportation
Haydon Burns Building
605 Suwannee Street, Mail Station 58
Tallahassee, Florida 32399-0450
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within
15 days from the date of this recommended order. Any exceptions
to this recommended order should be filed with the agency that .
will issue"the final order in this case.
Submitted into the public
record in connection with
19 item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Florida Department of Transportation
CHARLIE CRIST 605 Suwannee Streei STEPHANIE C. KOPELOUSOS
GOVERNOR Tallahassee, FL 32399-0458 SECRETARY
DELEGATION OF AUTHORITY
I, Stephanie C. Kopelousos, Secretary of the Florida Department of Transportation,
delegate to Kevin J. Thibault, as the Assistant Secretary for Engineering and Operations,
Deborah L. Hunt, as the Assistant Secretary for Intermodal Systems Development, and William
F. Thorp, as the Interim Assistant Secretary for Finance and Administration, the authority and
responsibility to take action on my behalf at anytime during my absence from the Department
headquarters in Tallahassee. I also rescind any prior delegations to the contrary.
Stephanie C. Kop lousos, Secretary
Florida Department of Transportation
.ate o��', 0?008
Date
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
w m.dot.state.fLus ® RECYCLED PAPER
r16-0;1
6M
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
la
illRuden
McClosky
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: (954) 333-4066
GLENN.SMITH@RUDEN.COM
October 24, 2008
Via E -Mail and U.S. Mail
V t
C i
Warren Bittner, Esq.
3 3
c
m fl W
E U
Assistant City Attorney
0
!
00
I °
City of Miami - City Attorney's Office
+r V
o c
Ln
o
444 SW 2nd Avenue, Suite 945
` o
c
Miami, Florida 33130-1910
N :N
Re: City of Miami ("City") / CBS Outdoor, Inc. ("CBS") Settlement Agreement
= W
Ln i
W
Dear Warren:
-
Attached hereto is a list of the sites for which CBS, or Outlook on CBS's behalf, has
previously submitted FDOT applications to the City (with one exception) for the City's approval
in order that state permits may be obtained. The list contains four categories, as follows:
1. Categories 1 and 2 identify sites for proposed Initial Amended Permits and
proposed Amended Permits. Each of these sites is permittable under FDOT rules in that each
site meets the 1500 foot spacing requirement.
2. Category 3 contains sites which are under consideration by CBS and for which
there are pending state issues. For instance, many of them would only be permittable if 1000
foot spacing is approved by the legislature. Another site is the subject of an appeal concerning
the issuance of a state permit.
3. Category 4 is a list of the sites which are being withdrawn by CBS.
We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site. Additionally, we assume that the FDOT application for the
Lummis site can now be signed off by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site.
FTL:2940043:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON - CARACAS • FT. LAUDERDALE - MIAMI - NAPLES - ORLANDO - PORT ST. LUCIE - SARASOTA - ST. PETERSBURG - TALLAHASSEE - TAMPA - WEST PALM BEACH
Page 2
Please contact me if you have any questions.
Sincerely,
Glenn N. Smith
GNS:lad
Enclosure
CC: Mr. J. C. Clements
Mr. Joe Little
Mr. Billy Long
Mr. Ed Scherer
Veronica Xiques, Esq.
FTL:2940043:1
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON • CARACAS • Ff. LAUDERDALE • MIAMI • NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA . ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
G)
0
0
I
Initialmended
Property Owner
ADDRESS
i FOLIO #
Zoning
Gatewa
Comment
_1 - _
Cit of Miami (Jose Marti)
362 SW 4th Street ES 1-95 n/o SW 8'"
10_2030-701-030
PR
Yes
2
City oo{Miaml (Fern Isle)
w/o 22nd Ave
NS_NW
13-1_340-_800-0010_
PR
-
Lu_m
2SR836
35 0 nd St_
101-0110-090-1070
O
Yes
_3
4A
_mis _
Oppenhelm RE Venture LLC
245 NE 37th_ St —
��01-3219 045-0020 -^
SD -8
Yes
M
46w
Than -
1085 NE 79" Street
101-3207-016-2930
C-1
Amended Permit
Property Owner
ADDRESS
FOLIO #
I Zoning
} Gateway
Comment
1660 NW 20" Street
101-3136_-035-0340
1
I
6 �-
`
Marriott_ _ _.
1201 NW 42nd Avenue
_ �.
X01-3132.027.0010
...__. �..-_-_____ �,_ —._-
C-2
---_--__._.
j
tt
1Gity of Miami-(Grapeland)-
E -__.-.
1400 NW 37'" Ave (NS SR 836 400 ft w/o NWl01-3132-000-0080
37th Ave)
C-1
Locations under
Consideration
pending
resolution of
State Issues
Property Owner
ADDRESS
{ FOLIO #
i
Zoning
Gateway
Comment
y 8 f_
T -
Fujimo Land Co.--^ ,__ _
- -
3_621 NE CT
01-3124-022-0160
SD -8
Yes
'
Halco Holdings
170 NE 38'" ST (NS 1-195 w/o NE 2n)
101-3124-022-0120
I
i
i C-1
Yes
This location would have to be removed
if Op2enheirn (4A) is constructed.
10
Sevennine LLC
1700 SW 3rd Ave
01-4138-001-2070
C-1
11
Tacoley Development (Edison)
670 NW 6th Ct
01-3113-087-0030
C-11
12
Issac
5850 NW 85th ST
01-3113-025-0100
C-1
13
Srebnlck Mgt LLC Austin Burke
545 NW 26th ST
01-3125-025-0320
1
14
Bakehouse
561 NW 32nd St
01-3125-020-0630
G/I
15
Contemprary Contractors
4291 NW71th Ave
01-3124-003-1440
C-1
16
GT Used Trucks
636 NW 23rd ST
01-3125-035-0360
1
_ 17
Elks Lode
4945 NW 7th Ave
01-3124-001-0340
C-1
_ 18
City of Miami Gibson Park
350 NW 13th ST
01-3136.058-0010
PR
19
Tanaka
570 NW 67th St
01-3113-025-0041
C-1
New. FDOT form not previously
submitted to City
c tions we are
Withdrawaing
i
Property Owner
I
3 ADDRESS
FOLIO #
Zoning I
Gateway
Comment
_ Withdraw -
345 NE 38 ST LLC (Richards)
345 NE 36` ST
13-2190-000-080 I
C-1.-
Withdraw_
Cam Partners
328-334 Fla ler
01-4137-036.0020
P1 -
Yes
Withdraw IMary
Mas
1330 NW 2nd Court
01-3136-036-0020
C-1 I
Yes
Submitted into the public
record in connection with
item PZ.3 on O5-28-09
Priscilla A. Thompson
City Clerk
UP"
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
11
Florida Department of Transportation - Outdoor Advertising Sign Detai I
1 of 2
http://www2.dot.state.fl.us/rightofway/PermitDetail.aspx?ID=CH 146
/ �2 �� 1". '� E •• —, Shy ''':J ef.'�„
'" =F ;, idart eel 6 Tir,ansportatioP
Search Database Information .Reports and Queries Download Data
Outdoor Advertising Database - Sign Detail - CH146
This page lists detail information about the permit, facing, sign and section for the selected tag. The
information displayed on this page is from the Florida Dept. of Transportation Outdoor Advertising
Inventory Management System.
Enter Tag #: Search
I nr_atinn Infnrmatinn-
Re ion
5 County
Miami -Dade
State road
9/9A Local name
1-95
US Route
- Class
Interstate
RCI Section
87270000 Direction
North
Section begin
SOUTH DIXIE HWY
Material
Section end
DADE / BROWARD CTY LINE
Yes
Structure Information: Permits on this Structure: CH146 CH147
Milepost
1.221
Conforming?
Yes
Section side
Left
Date built
-
Latitude
-
Configuration
V -Sha ed
Longitude
-
Material
Steel
Lights
Yes
# Supports
1
Height
55 feet
Date removed
-
Structure is
0.009 miles West of SW 3rd Ave
Permit tfacinn► Infnrmatinn!
Issue date
03/11/2009
Tag# CH146
Date built
-
Permit status Active
Sign reads
Left
Square feet 672
HAGL
61 feet
Date removed -
Inventory picture
Picture Not Available
Permittee
OUTLOOK MEDIA OF SOUTH FLORIDA, LLC
Tag history:
Tag# CH146
Please note that the conformity status of a sign may change. Although the Department endeavors to update this section of its records as
often as possible, there may be reasons why a sign has become nonconforming that are unknown to the Department. Before taking any
action on the assumption your sign is conforming, you should check with Department personnel (contact information listed below)
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
5/26/2009 5:46 PM
Florida Department of Transportation - Outdoor Advertising Sign Detail
1 of 2
http://www2.dot.state.fl.us/rightofway/PermitDetail.aspx?ID=CH 147
74
Of T rIa4ri §, o r t a t i a n
Search Database Information Reports and Queries Download Data
Outdoor Advertising Database - Sign Detail - CH147
This page lists detail information about the permit, facing, sign and section for the selected tag. The
information displayed on this page is from the Florida Dept. of Transportation Outdoor Advertising
Inventory Management System.
Enter Tag #: Search
I nr_atinn Infnrmatinn-
Re ion
5 County
Miami -Dade
State road
9/9A Local name
1-95
US Route
- Class
Interstate
RCI Section
87270000 Direction
North
Section begin
SOUTH DIXIE HWY
1
Section end
DADE / BROWARD CTY LINE
-
Structure Information: Permits on this Structure: CH146 CH147
Milepost
1.221 Conforming?
Yes
Section side
Left Date built
-
Latitude
- Configuration
V -Sha ed
Longitude
- Material
Steel
Lights
Yes # Supports
1
.Height
55 feet Date removed
-
Structure is
0.009 miles West of SW 3rd Ave
Tag# CH147
Permit Ifacinal Information:
Issue date
03/11/2009
Tag# CH147
Date built
-
Permit status Active
Sign reads
Right
Square feet 672
RAG
61 feet
Date removed -
Inventor icture
Picture Not Available
Permittee
OUTLOOK MEDIA OF SOUTH FLORIDA, LLC
Tag history:
Tag# CH147
Please note that the conformity status of a sign may change. Although the Department endeavors to update this section of its records as
often as possible, there may be reasons why a sign has become nonconforming that are unknown to the Department. Before taking any
action on the assumption your sign is conforming, you should check with Department personnel (contact information listed below)
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
5/26/2009 5:47 PM
6
m
60
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
12
SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into as of May , 2008, by and
between the City of Miami (the "City"), a Florida municipality, and CBS Outdoor, Inc., a
Delaware corporation, (successor -by -merger to National Advertising Company, a Delaware
corporation, d/b/a Viacom, Infinity, National and CBS and Infinity Outdoor of Florida, Inc., a
Florida corporation, d/b/a Viacom, Infinity and CBS) (collectively referred to as "CBS").
RECITALS
A. The City has adopted ordinances that, among other things, regulate the size,
height, appearance, lighting, and landscaping requirements for outdoor advertising structures
("Signs"). City ordinances have permitted Signs in certain Zoning Districts and prohibited them in .
others. Certain Signs which CBS erected in accordance with the City's former zoning ordinances
do not conform with the City's current Sign regulations.
B. , As of April 2001, CBS owned or operated 53 Signs in the City. Since April 2001,
disputes have arisen between CBS and the City regarding City ordinances regulating Signs, the
applicability of certain City ordinances to Signs. owned by CBS, and the effect of State_ laws on
City ordinances and on the enforcement of such ordinances. These disputes have resulted in
enforcement actions and litigation now pending.
C. The City acknowledges that CBS has removed a number of Signs that were in
CBS's. inventory as of April, 2001.
D. The City and CBS desire to resolve all disputes and the pending litigation between
them in this Settlement Agreement ("Agreement"):
FTL:2656261:3 Submitted into the public
Page 1 of 2 I record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
r City Clerk
8000117600 P.01/01
TRANSACTION REPORT
MAY/27/2009 /WED 08:30 AM
FAX(RX)
F:#:=DATE START T. SENDER ICOM.TIME PAGE TYPE/NOTE FILE
001 MAY/27I 08:28AMI 3058.821491 0:01:15 1 OK ECM 7473
C. Counterparts. If multiple counterparts of this Agreement are executed,
each shall be deemed an original, but all counterparts together shall constitute one and the same
instrument.
d. Headings. The section and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
C. Entire Agreement. This Agreement sets forth all the promises,
Agreements, conditions and understandings among the parties hereto as to the subject matters
referenced herein, and supersede all prior and contemporaneous Agreements, understandings,
inducements or conditions expressed or implied, oral or written, except as herein contained.
f. Assignments/Binding Nature. This Agreement will be binding upon and
will inure to the benefit of any successor or permitted assigns of the parties hereto. CBS shall
have the right of assignment of rights and obligations under this Agreement. However, no
attempted assignment by CBS will be valid unless: (1) the assignee shall execute an Agreement to
be bound by the terms and conditions of this Agreement and to accept all of the rights and
obligations of CBS under this Agreement; and (2) the assignment is approved in writing by the
City Commission, which approval shall not be unreasonably withheld, delayed or conditioned.
The parties acknowledge that the City Commission shall have the right to reject proposed
assignment if the assignee does not fully adopt the terms of this Agreement. Any such assignment
shall not relieve CBS of its obligations under this Agreement, including, without limitation, the
responsibility of removing four (4) double face C-1 Signs and Sign structures and one (1) single
- faced C-1 Sign and -Sign -structure -from -those C-1 and -Special District -Signs listed -on Exhibit -D --
upon the 25h Anniversary of the Effective Date.. Notwithstanding the foregoing, no approval by
FTL:2656261:3
Page 27 of 32
the City Commission shall be required for any assignment to any entity controlled, controlling or
under common control with CBS as to the acquirer of substantially all of the assets of CBS in the
City, provided such assignee assumes the obligations of CBS under this Agreement. Any
attempted assignment in violation of this Section shall be void.
g. CBS hereby represents and warrants that it: (a) is a corporation in good
standing under the laws of the State of Delaware; (b) is duly authorized to transact business in the
State of Florida; and (c) has taken all corporate actions necessary to authorize execution and
performance of this Agreement. The City hereby represents and warrants that: (a) it is
empowered to enter into this Agreement; and (b) this Agreement has been duly authorized by the
Board of City Commissioners of the City of Miami pursuant to the requirements of Florida law.
h. Amendments. No change in, or addition to, this Agreement shall be
enforceable unless evidenced by a writing executed by the parties. Any such enforceable
amendment(s) shall become effective on the date stipulated therein.
i. Release and Waiver. Any condition to a party's obligation hereunder may
be waived by that party, provided such waiver is in writing. However, the waiver by any party of
a breach or violation of any provision of this Agreement shall not operate as, or be construed to
be, a waiver of any subsequent breach of the same or any other provision hereof. The failure by
any party to timely enforce any of the provisions of this Agreement shall not be deemed a waiver
thereof.
(i). The City hereby releases and forever discharges CBS, its agents,
employees, officers, directors, subsidiaries, affiliated corporations or entities, stockholder and
._parent corporations. from__any_and.all_claims, actions, causes of action, .damages -and costs arising--
from
rising__
from violations, alleged or actual, of the City's Sign regulations resulting from Signs listed in
FTL:2656261:3
Page 28 of 32 ;Submitted into the public
record in connection with .
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
f
Exhibits B, B-1, C & D or subject to Initial Amended Permits or Amended Permits being located
on property within the City limits, which have been or might have been, brought as of the
Effective Date of this Agreement. The City does not waive its right to enforce its ordinances
against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an Initial
Amended Permit or Amended Permit. In addition, the City does not waive its right to enforce its
ordinances against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an
Initial Amended Pen -nit or Amended Permit if the removal of those Signs is required by this
Agreement. These release provisions shall also operate to release owners of property upon which
CBS's Signs are located, to the same extent CBS is released.
(ii). CBS, for itself, and for the owners of the property where its Signs
are located, and to the extent CBS has been so authorized.by said owners, hereby releases and
forever discharges the City, its agents and employees and elected officials, from any and all
claims, actions, causes of action, damages and costs arising out of the City's existing Sign
regulations, or enforcement thereof, and without limiting the generality of the foregoing, CBS
specifically waives the right to challenge. the validity, constitutionality or enforceability of the
City's Sign regulations in effect on'the date of this Agreement.
(iii). Neither CBS nor the City shall be deemed to have waived any right
to bring an action to enforce the terms, conditions and limitations of this Agreement.
j. Compliance With Electrical and Structural Codes, Setbacks and
Encroachments Indemnification. CBS acknowledges and agrees that this Agreement does not in
any way alleviate CBS's responsibility to comply with all Technical Regulations in removing,
- relocating, maintaining, repairing_orin-reconfiguring-any-.Sign face,..or-.Sign-structure,. and CBS.
shall not be excused from complying with the Technical Regulations, and set back and
FTL:2656261:3 / Page 29 of 32 Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
M
LW
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A.'rhompson
City Clerk
13
1
1
CITY OF MIAMI
2
CITY HALL
3
3500 PAN AMERICAN DRIVE
4
MIAMI, FLORIDA 33133
5
THURSDAY, MARCH 26, 2009
6
9:00 A.M.
7
PLANNING AND ZONING BOARD
8
APPEARANCES: ORIGINAL
9
JOE SANCHEZ, CHAIR
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MICHELLE SPENCE— JONES, VICE CHAIR
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ANGEL GONZALEZ, COMMISSIONER DISTRICT ONE
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MARC DAVID SARNOFF, COMMISSIONER DISTRICT TWO
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TOMAS REGALADO, COMMISSIONER DISTRICT FOUR
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PEDRO G. HERNANDEZ, CITY MANAGER
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JULIE 0 BRU, CITY MANAGER
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PRISCILLA A. THOMPSON, CITY CLERK
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-25—
-Submitted
- --25-,--
Submittedinto the public
record in connection with
Veritext/Florida Reporting Co.
item PZ.3 on 05-28-09
Serving the State of Florida (305) 376-8800
Priscilla A. Thompson
City Clerk
i
1
PZ. txt
1
CHAIR SANCHEZ: All right. we're going to
2
take up PZ2. Pz2. Once again, the procedures
3
are the same as the regular commission meeting.
4
we ask everyone to refrain from, you know,
5
whistling, clapping. Be at your best behavior
6
so that we can get out of here quickly.
7
we do have five PZ items, but before we go
8
on with your presentation, Mr. City Manager, it
9
has been brought to my attention that you will
10
be making a motion to defer PZ4 and 5?
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THE CITY MANAGER: No, Mr. Chair, I think
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that I would like for the applicant or for the
13
individuals involved on the item to come
14
forward.
15
CHAIR SANCHEZ: All right.
16
MS. MARRERO: That would be me.
17
CHAIR SANCHEZ: That would be you?
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MS. MARRERO: Yes.
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CHAIR SANCHEZ: That would be you?
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MS. MARRERO: That would be me.
21
CHAIR SANCHEZ: Okay. So what are you
22
requesting?
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25
Page 1
1
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
c
Submitted into the public
record in connection with
item PZ.3 on 05-28-04
Priscilla A. Thompson
City Clerk
1 (Pages 1 to 4)
1
3
M
M
1
3
r ,r
CITY HALL
2
o
3
3500 PAN AMERICAN DRIVE
3
but --
4
MIAMI, FLORIDA 33133
4
LU
7 M
6i
o
0 Q
D
7:00 P.M.
>
MS. FERNANDEZ: Okay. Number three is a
7
r+
M o
K o
N
'* S
APPEARANCES:
8
granting the appeal by Amanda L. Quirke,
Arr
O
9
Esquire on behalf of Outlook Media of South
10
MR. CHARLES GARAVAGLIA, VICE CHAIR
x'
Florida, LLC of the zoning administrator
rr
MR. RICHARD TAPIA, MEMBER )11
interpretation dated December 8th, 2008,
1 (Pages 1 to 4)
Veriteat/Florida Reporting Co.
Sen-ina the State of Florida (305) '76-8800
1
3
1
CITY OF MIAMI
1
MS. FERNANDEZ: Mr. Chairman, there are
2
CITY HALL
2
separate items. There are separate items
3
3500 PAN AMERICAN DRIVE
3
but --
4
MIAMI, FLORIDA 33133
4
MR. PINA: You can read them. Read them.
5
MONDAY, FEBRUARY 9, 2009
5
Go ahead.
6
7:00 P.M.
6
MS. FERNANDEZ: Okay. Number three is a
7
ZONING BOARD
7
resolution of the Miami Zoning Board denying or
8
APPEARANCES:
8
granting the appeal by Amanda L. Quirke,
9
MR. JUVENAL PINA, CHAIRPERSON
9
Esquire on behalf of Outlook Media of South
10
MR. CHARLES GARAVAGLIA, VICE CHAIR
10
Florida, LLC of the zoning administrator
11
MR. RICHARD TAPIA, MEMBER )11
interpretation dated December 8th, 2008,
12
MR. ANGEL URQUIOLA, MEMBER )
12
regarding a provision contained in section
13
MR. BRET BERLIN, MEMBER
�14
13
10.4.5 of zoning ordinance 11,000 as amended.
14
MR. CORNELIUS SHIVER, MEMBER
The zoning ordinance of the City of Miami
15
MR. RON CORDON, ALTERNATE MEMBER s
15
entitled "Outdoor Advertising Sims, New Signs
16
16
of Outdoor Advertising Prohibited," for the
17
17
property located at approximately 1700
18
18
Southwest 3rd Avenue.
19
19
The second one is Z4 is a resolution of
20
20
the Miami Zoning Board denying or ranting the
21
21
appeal by Amanda L. Quirke, Esquire on behalf
22
22
of Outlook Media of South Florida, LLC of the
23
2 3
of zoning administrator interpretation dated
24
1 2 4
December 8th, 2008, regarding a provision
25
; 25
contained in .section 10.4.5, of zoning
2
4
1
MR.. PINA: Item number three.
1
ordinance 11,000, as amended. The zoning
2
CITY ATTORNEY CHARD: Mr. Chair --
2
ordinance of the City of Miami; entitled
3
MR. PINA: Yes, ma'am.
s 3
"Outdoor Advertising Signs- New Signs of
CITY ATTORNEY CHARD: The next two items
4
Outdoor Advertising Prohibited. And this is
5
on your agenda, there will be different counsel
j 5
for the property at 1330 Northwest 2nd Court.
6
advising you. The Two items that will come
6
This second application has some
7
before you are items that have issues involved
i 7
violations. And I had advised the attorney in
8
in litigation in my office.
8
charge of the violations about two weeks ago.
9
The attorney representing the City of
9
And the total pay -- they have to pay a total
10
Miami from my office is Deputy City Attorney
!10
of $5,000. The violations are close. And we
11
warren Bittner. He will be representing staff
ill
checked the violations today and they are still
12
in the city's position. Therefore, my office
f12
outstanding so my staff is going to hand out to
y
13
is precluded from advising the board. We have
-13
you the violation.
-4
retained counsel for you. 1'air counsel is
j14
MR. PLNTA: Okay.
15
Steve Helfman from the Law Offices of Weiss
i 15
MR. ECHEMENTDLA: I'm song. I am just
i 6
Sorota, and he will be advising the board since
16
vying to get organized here. Santiago
17
the city cannot present a case in front of You
;17
Echemendia, 1441, on behalf of Outlook Media of
_ a
as well as advise vou.
18
South Florida. I am accompanied by my
IL 9
MR. PINA: And this is --
1 9
associate, Amanda Quirke. And I'm gonna -- I'm
2 o
CITY ATTORNEY CHARD: This is Warren
= 2 0
gonna do the opening and the closing. I'm
21
Bittner.
21
gonna let Amanda walk vou through the facts as
2 2
MR. PINA: Okay. - -
-2-2
'well as she'll probably handle the cross
23
MS. FERNANDEZ: Mr. Chairman, may I read
2 3
examination of the zoning administrator whose
24
both items?
124
decision we are appealing. And therefore. of
25
MR. PLN,4: Yes, ma'am.
2 5
course; necessarily we have to cross examine
Veriteat/Florida Reporting Co.
Sen-ina the State of Florida (305) '76-8800
9 (Pages 33 to 36)
35
1 In my letters, which are in your packets,
2 I explained the reasons for denying the
3 appellants building permits, which is the
4 subject of the appeal tonight.
5 I acknowledged that the city
6 administration had received notice from Outdoor
7 CBS to allow Outlook Media to file applications
8 for outdoor advertising permits with FDOT on
9 behalf of CBS. This letter is very important.
10 In this letter CBS is authorizing the appellant
11 tonight to file advertising permits with the
12 Florida Department of Transportation on their
13 behalf. This letter does not authorize the
14 applicant to file City of Miami building
15 permits on their behalf. This letter is
16 limited to the FDOT permits.
17 MR. CORDON: But don't you have to get
18 city --
19 MS. SLAZYK: You have to get both of them.
20 The -- the order is -- probably it doesn't
21 matter, but before a sign can go up, you've got
22 to have both permits.
23 In this case, they chose to file the FDOT
24 permit and then come get the city building
25 permit. CBS did not authorize them on their
36
1 behalf to pull a building permit in the City of
2 Miami. And I'm going to explain in a moment,
3 tlus was only for the FDOT approval.
4 In front of you now are two FDOT
S applications submitted by Outlook Media which I
6 as the zoning administrator, you can see,
7 signed off. I signed off on these applications
8 because pursuant to the May 2nd letter, which I
9 just showed.you, CBS authorized them to do this
10 on their behalf with FDOT.
11 Outlook Media was acting on CBS's behalf.
12 CBS has a settlement agreement with the city.
3 Outlook media doesn't. My signatures confirm
': 14 that these signs were in compliance with all
15 the duly adopted local ordinances and had been
15 or will be issued the necessary permits.
17 My signature on these applications did not
18 constitute an acknowledgment that the city
19 would issue building permits to Outlook Media
2 0 itself, but rather that the city would issue
21 the building permits to an applicant that was
.22 authorized by the zoning code, which I told you
2 3 were CBS, Carter and Clear Channel. Those are
2 4 the only three city commission approved
2 5 settlement agreements.
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
33
1
tonight.
2
Since I'm going to be referring to the CBS
3
agreement later on, I'm putting before you in
4
your packet as a copy of the resolution of the
5
city commission that approved the settlement
6
agreement with CBS Outdoor.
7
In your package there is a copy of the
8
entire agreement. The appellant and applicant
9
in this case, Outlook Media, does not have a
10
settlement agreement with the city. The city
11
commission has not authorized one.
12
Accordingly, and actually very simply, their
13
applications for building permits were rejected
14
because the sections of the code that govern
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billboards do not allow an applicant to put an
16
outdoor advertising sign in the City of Miami,
17
this applicant.
18
Now I'm going to go into the FDOT issues.
19
It's important to explain that the denial of
20
these two applications in accordance with the
21
zoning ordinance, the settlement agreements are
22
required in order to put up a new --
23
MR. ECIIEIVIENDIA: Lourdes, excuse me for
24
just a second. Steve; just one thing through
25
the chair. I'm -- I'm -- I'm concerned that,
34
1
and I know we're gonna do this again in front
2
of the city commission, and maybe that's your
3
answer, but the facts in the cases in the
4
letters are quite different. And we're --
5
M\ R. PIMA: Let her finish.
6
MR. ECHEI\ENDIA: No. But my point that
7
should probably address seven, nine --
8
MR. PINTA: Let her address what she wants
9
to address.
10
MS. SLAZYK: What -- what I have read so
11
far is the same for both; exactly the same for
12
both. The zoning code is the same for both.
13
The powers of the zoning administrator are the
14
same for both. Okay. And I'll get into in a
15
minute why I think that some of issues that
- -
16
were raised on the seven, nine are actually
17
irrelevant to what's before this court tonight.
o
a 3 Cr
0
18
In order to put up a sign in the City of
NCL
Io
19
Mmi iaalong a state road. along an expresswa;%
'
c a
20
you need two things: You need an FDOT pemut
D 3 3 :3r
21
and you need a City of Miami building permit.
��„ M °
2 2
You have to have both. If you have one without
o 00 o ID
23
the other; they're not properly authorized.
0 3
2 4
They don't have the permits. They need to go
0
0=r+
2 5
up there.
3 S n I
9 (Pages 33 to 36)
35
1 In my letters, which are in your packets,
2 I explained the reasons for denying the
3 appellants building permits, which is the
4 subject of the appeal tonight.
5 I acknowledged that the city
6 administration had received notice from Outdoor
7 CBS to allow Outlook Media to file applications
8 for outdoor advertising permits with FDOT on
9 behalf of CBS. This letter is very important.
10 In this letter CBS is authorizing the appellant
11 tonight to file advertising permits with the
12 Florida Department of Transportation on their
13 behalf. This letter does not authorize the
14 applicant to file City of Miami building
15 permits on their behalf. This letter is
16 limited to the FDOT permits.
17 MR. CORDON: But don't you have to get
18 city --
19 MS. SLAZYK: You have to get both of them.
20 The -- the order is -- probably it doesn't
21 matter, but before a sign can go up, you've got
22 to have both permits.
23 In this case, they chose to file the FDOT
24 permit and then come get the city building
25 permit. CBS did not authorize them on their
36
1 behalf to pull a building permit in the City of
2 Miami. And I'm going to explain in a moment,
3 tlus was only for the FDOT approval.
4 In front of you now are two FDOT
S applications submitted by Outlook Media which I
6 as the zoning administrator, you can see,
7 signed off. I signed off on these applications
8 because pursuant to the May 2nd letter, which I
9 just showed.you, CBS authorized them to do this
10 on their behalf with FDOT.
11 Outlook Media was acting on CBS's behalf.
12 CBS has a settlement agreement with the city.
3 Outlook media doesn't. My signatures confirm
': 14 that these signs were in compliance with all
15 the duly adopted local ordinances and had been
15 or will be issued the necessary permits.
17 My signature on these applications did not
18 constitute an acknowledgment that the city
19 would issue building permits to Outlook Media
2 0 itself, but rather that the city would issue
21 the building permits to an applicant that was
.22 authorized by the zoning code, which I told you
2 3 were CBS, Carter and Clear Channel. Those are
2 4 the only three city commission approved
2 5 settlement agreements.
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
10 (Pages 37 to 40)
Ventext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
Submitted into the public
record in connection with
item PZ -3 on 05-28-09
Priscilla A. Thompson
City Clerk
37
39
1
This signature on this application was on
1
Miami, here is a building permit application
2
behalf of CBS. And if CBS came in tomorrow for
2
for a sig; -story apartment building." I have to
3
building permits on these sites, we would sign
3
say no. I have to deny you that building
4
off on them because they were authorized to do
4
permit because RI doesn't allow multifamily and
5
so. Outlook Media is not.
5
R 1 does not allow anything over 25 feet in
6
Outlook Media was as all times for the
6
height. You can't get a variance for those
7
purposes of the FDOT applications acting as
7
things. They're not allowed by the zoning
8
nothing more than an agent for CBS. CBS is the '
8
code.
9
only entity authorized to obtain a building
9
I don't make a decision in those cases. I
10
pen -nit for these outdoor advertising signs at
10
have to enforce the code. I have to deny it.
11
these locations in accordance with the section
11
A decision implies that I have the ability to
12
of the code I just read to you.
12
say yes. I don't think I did. They don't have
13
Now, the settlement agreements approved by
13
a settlement agreement. No new billboards are
14
the city commission authorized assignment of
14
allowed in the City of Mian -ii. I could not have
15
rights. CBS and -- and the other companies
15
approved that building permit without a city
16
have a right to assign to somebody else their
116
commission authorized assignment of rights.
17
right. This is very, very important, and if I
17
This takes us back to where we started.
18
tell you to look at anything twice, this is
18
As the zoning administrator, I cannot by law
19
what I want you to look at twice. This is the
19
approve a permit that would violate the zoning
20
paragraph of the CBS settlement agreement that
! 20
code. And I believe you as members of the
21
deals with the -- their ability to assign
21
zoning board acting on my behalf in an
22
rights to somebody to pull permits in the City
12 2
appellate capacity can't grant it either.
23
of Miami on their behalf. This doesn't address
j 2 3
You'd be violating the zoning code just like I
24
FDOT. This is pulling permits in the City of
124
would. And without proof of compliance with
25
1 /harm.
12S
these sections of the code, I think you have to
38j
40
1
In the settlement agreement with CBS
j 1
deny these appeals.
2
Outdoor, CBS has the right to assign its rights
2
I also wanted to respond to Mr. Echemendia
3
and obligations to another entity, however, any
t
3
specifically said that it was very clear to
4
such assiaument will only be valid if it is
i 4
him, very clear.. that he has to comply with
5
approved by the city connnmission.
5
traveling under a CBS agreement. As of right
6
As of this moment right now, Outlook Media
6
now; they're not traveling under a CBS
7
does not have any proof that they have
7
agreement. They don't have any authorization
8
submitted to me. And if they have it, I would
8
from the city commission, nor from CBS to pull
9
like it, that has made the assignment under CBS
9
building permits on their behalf.
10
as approved by the city commission. If they
'10
'When the FDOT pen" its were signed, the
11
took anything to the city cotrunission to assign
11
only thing they had reliance of is that we
12
them their rights, they haven't submitted it to
12
would issue the building permits if CBS came in
13
me as proof so that I could issue these'
13
and requested them. There is no such
14
-oemmits.
$141
authorization. If they go to the cit},
15
As far as I'm aware; this hasn't happened;
15
commission next meeting, get on the city
16
therefore, these applications for building
:16
commission agenda and get the authorization for
17
permits could not be granted on the basis of
i 17
assignment of rights, I will gladly sign their
18
the fact that they had CBS assigned rights.
8
building permit. Until that happens; it is a
19
You saw- the letter from CBS. CBS authorized
19
violation of the zoning code for me to do that.
20
them to get FDOT permits on their behalf, not
% 2.0
MR. PIMA: Thank vou.
21
city building permits.
21
M.S. SLAZYK: Oh; and also; he don't
2 2
I want to give you a little example of
2 2
have -- he said that -- that we waived -- how
23
what I equate this to: Suppose you have a
2 3
did you put it -- waived our rights to the
24
single fan- ly lot in the City of Miami; an R
24
assignment provision of hereby signing that
25
lot, and you come to the city and say, "City of
" 25
FDOT permit. '\Ve don't have the rights to waive
Ventext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
Submitted into the public
record in connection with
item PZ -3 on 05-28-09
Priscilla A. Thompson
City Clerk
TEW • CARDENASLLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSEE • WASHINGTON DC
A.IIAiQ) 1 QUIREF.."
Wurrr Ic'S I)III.r:('r i.INIi: 305.536.8216
G: Wmv: NQidnov .1w.com
May 26, 2009
VIA ELECTRONIC MAIL
Glenn N. Sm ith
Ruden McCloskey
200 East Broward Boulevard
P.O. Box 191.10
Ft. Lauderdale, Florida 33302
Re: Mary Mays Sign and Sevennine Sign
Dear Glenn;
FOURSEASONS'rOWEk
15TH FLOOR
1441 BRICKELL AVENUE
M1AW, FLOREDA 33131-3407
T 305.536.1112
F 305.536.1116
W W W.Tr WLAW.COM
As yi Iu are aware, there is a City Commission hearing on May 28, 2009 regarding
the appeals of the denial of building permits for outdoor advertising signs located at 1700
SW 3rd Avenue (the "Sevennine Sign") and 1330 NW 2 Court (the "Mary Mays Sign").
As you are i.lso aware, in accordance with Florida Statutes Section 479.07(5)(a) (2008),
the FDOT tag for the Mary Mays Sign will expire in June if an outdoor advertising sign
is not constructed on the site.
The ;agreement dated June 10, 2008 regarding the Mary Mays Sign (the "Mary
Mays Agreement") clearly states that "neither [Outlook] nor CBS will. build, sell, convey,
lease, or in ;1ny other way seek to gain monetary consideration with respect to the [Mary
Mays] Lease and the Permit(s) without the prior written approval of the other party." The
Mary Mays Sign is undeniably a commercially viable site- in. fact, CBS obtained the
original lea:,e for the Mary Mays Sign. Furthennore, several parties, including our
mutual competitor Clear Channel, have been competing for the Mary Mays Sign location
for over a year.
Ther.fore, in an effort to preserve the Mary Mays Sign for CBS and Outlook,
Outlook is willing to consent to the issuance of the building pennits for the Mary Mays
Sign and the Sevennine Sign in CBS' name. At the zoning board hearing on the appeals
of the Severinine Sign and the Mary Mays Sign, the City stated on the record that the City
would issue the building permits for the Sevennine Sign and the Mary Mays Sign to CBS
immediately. Unfortunately, before this condition. could be proffered at the City
Commission on March 26, 2009, the hearing was continued to May 28, 2009.
Submitted into the public
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
Glenn N. Smith
May 26, 2009
Page 2 of 2
CBS has continually obstructed Outlook's efforts to preserve the Mary Mays Sign
for CBS and Outlook, despite the fact that the Mary Mays Agreement prohibits either
party from taking any action to gain monetary consideration with respect to the Mary
Mays Sign. 1 f CBS does not accept Outlook's renewed offer to have the building permit
for the Mary- Mays Sign issued in CBS' name, the only possible reason for CBS'
continued rel anal to cooperate with Outlook with regard to the Mary Mays Sign is that
CBS .is seeking to gain monetary consideration with regard to the Mary Mays Sign in
breach of the Mary Mays Agreement.
If the FDOT tags for the Mary Mays Sign and the Sevennine Sign expire, the
spacing windows will be sacrificed to our mutual competitors. This is clearly not in the
best interest of CBS or Outlook, and Outlook cannot understand why CBS would
continue to take actions that only benefit our competitors. Therefore, please consider this
a renewal of Outlook's offer to have the building permits for the Mary Mays Sign and the
Sevennine Sign issued to CBS. This renewed offer shall not be construed as an
admission against interest or a waiver of any rights, claims, or defenses regarding the
Mary Mays Sign and the Sevennine Sign.
If CRS accepts this renewed offer, CBS shall not cancel or otherwise seek to gain
monetary consideration for the Mary Mays Sign or the Sevennine Sign without the
express written consent of Outlook. However, this renewed offer will preserve the
spacing windows and the FDOT tags for the Mary Mays Sign and the Sevemiine Sign,
pending global resolution of the remaining issues, including compensation, between CBS
and Outlook.
Please contact me prior to the City Commission hearing on May 28, 2009 at 10
am if CBS accepts this renewed offer.
Sincerely,
Am4j�(o ?��—
Amanda L. Quirke
cc: Santiago D. Echemendia
David Posy, Esq.
Mr. ;john R. Clemens
Mr. Joe Little
Mr.l3illy Long
Mr. l;dward Scherer
Submitted into the public
525567.1
record in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk
TEw CARDENAS LLP
I •..)ur Seasons Tower, 151h Floor, 1441 13rickell Avenue, Miami, Florida 33131-3407 305-536-1112
Page 1 of 1
Elizabeth Bernardo - Mary Mays and Sevennine
From: Amanda Quirke
To: glenn.smith@ruden.com; Quirke, Amanda
Date: 5/27/2009 7:19 PM
Subject: Mary Mays and Sevennine
CC: bill.long@cbsoutdoor.com; Echemendia, Santiago; joe.little@cbsoutdoor.com; Thornton, Harkley
Dear Glenn:
In response to our letter dated May 26, 2009, CBS made a counter offer that included a multitude of issues that have nothing to do
with tomorrow's City Council hearing on the Mary Mays and Sevennine building permits. Outlook seeks to focus CBS' attention on
the pressing issue that the state Mary Mays permits will expire on June 22, 2009 unless the Mary Mays billboard is constructed. It
is to the detriment of both CBS and Outlook if this site is lost.
Outlook has taken all necessary steps possible to secure a building permit for Mary Mays, including an offer to CBS that CBS can
secure the building permit for Mary Mays pending resolution of the compensation issue for Mary Mays. However, CBS continues to
refuse, and add multiple (unrelated) conditions to any offer made by Outlook to get a building permit issued for Mary Mays and
resolve this time sensitive issue.
CBS' continued insistence on these numerous unrelated conditions has prevented the issuance of a building permit for Mary Mays,
and Outlook will hold CBS liable for all damages incurred as a result of CBS' breach of the Mary Mays Agreement.
Please govern yourselves accordingly.
Amanda Quirke
Associate
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor
1441 Brickell Avenue
Miami, FL 33131-3407 BIO -
Direct: 305.536.8216 WEB SITE
Cell: 305.733.2800
Fax: 305.536.1116
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OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to
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IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Tew Cardenas LLP to be
used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service.
Submitted into the public
record.in connection with
item PZ.3 on 05-28-09
Priscilla A. Thompson
City Clerk