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HomeMy WebLinkAboutPZAB 3-16-11PZAB.5 File ID: Title: Location: Applicant(s): PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-00113zc1 Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "T3-R" SUB -URBAN TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2 (NEIGHBORHOOD CONSERVATION DISTRICT)" OVERLAY TO "Cl" CIVIC INSTITUTION TRANSECT ZONE WITH A "VILLAGE WEST ISLAND AND CHARLES AVENUE NCD2" OVERLAY, FOR THE PROPERTY LOCATED AT 3227-47 CHARLES AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Approximately 3227-47 Charles Avenue [Commissioner Marc David Sarnoff - District 2] W. Tucker Gibbs, Esquire, on behalf of on behalf of 3247 Charles LLC P.O. Box 1050 Miami, FL 33133 (305) 788-2720 Current Zoning: T3-R Sub -Urban Zone with a Village West Island and Charles Avenue NCD Proposed Zoning: CI, Civic Transect Zone with a Village West Island and Charles Avenue NCD Purpose: The proposed zoning change will allow greater Densities and Intensities on the site which abuts the Coconut Grove Playhouse on the north and east. Planning Department Recommendation: Denial Analysis: See supporting documentation. Planning, Zoning and Appeals Board: March 16, 2011 ANALYSIS FOR ZONING CHANGE Approximately 3227 — 3247 Charles Ave. FILE NO 11-00113zc1 The subject proposal seeks to amend the Miami 21 Zoning Atlas and has been reviewed pursuant to Article 5 of the Miami 21 Zoning Code, Ordinance 13114, as amended. Application requests: A change to the current zoning classification of T3-R "Sub -Urban Transect Zone" with a " Village West Island and Charles Avenue NCD" (Neighborhood Conservation District) to CI, Civic Transect Zone with a Village West Island and Charles Avenue NCD The subject properties are located within the Coconut Grove NET area, and consist of two parcels comprising of .243 acres, located on the north side of Charles Avenue as described in Exhibit "A" (Complete legal description is on file with the Hearing Boards Section). Review and analysis of the proposed application finds that: • The subject properties currently vacant and have a land use designation of "Single Family Residential" • The subject property is surrounded by T3-R to the south and west and CI to the north and east. • The T3-R Sub -Urban Transect Zones designation allows a maximum of 9 residential units per acre and the requested CI "Civic Institution Zones" designation will allow a maximum of 150 residential units per acre, which if developed to its fullest potential, will constitute a negative impact to the predominately Single Family character of Charles Avenue. • The proposed zoning designation would allow Densities and Intensities that are out of scale with the abutting Single Family Residential neighborhoods. A transitional commercial designation such as "General Urban Transect Zones" would be more appropriate as it allows a broader range of uses while restricting the density to 36 DU or less while the subject properties abut a T3-R Sub -Urban Transect Zone. • If approved, the proposed zoning designation will require a Comprehensive Neighborhood Plan (MCNP) FLUM amendment from Single Family Residential to Low Density Restricted Commercial or greater. Based on the aforementioned findings, the Planning Department recommends denial of the application as presented. Analysis for ZONING CHANGE File ID: 11-00113zc1 Yes No N/A. ❑ ® ❑ a) The proposed change conforms with the adopted Miami Comprehensive Neighborhood Plan and does not require a plan amendment. ❑ ® ❑ b) The proposed change is in harmony with the established land use pattern. ® ❑ ❑ c) The proposed change is related to adjacent and nearby districts. ❑ ® ❑ d) The change suggested is not out of scale with the needs of the neighborhood or the city. ❑ ® ❑ e) The proposed change maintains the same or similar population density pattern and thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc. ❑ ® ❑ f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. ❑ ® ❑ g) Changed or changing conditions make the passage of the proposed change necessary. ❑ ® ❑ h) The proposed change positively influences living conditions in the neighborhood. ❑ ® ❑ i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification. ❑ ® ❑ j) The proposed change has the same or similar impact on drainage as the existing classification. ❑ ® ❑ k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification. ❑ ® ❑ I) The proposed change has the same or similar impact on property values in the adjacent area as the existing classification. ❑ ® ❑ m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations. ❑ ® ❑ n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare. ❑ ® ❑ o) There are substantial reasons why the use of the property is unfairly limited under existing zoning. ❑ ® ❑ p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. M IAM 121 MAP T5-O 1S 132:1VE2:1VW 1 GRAND AV THOMAS AV WILLIAMAV I1.3a44 NCD-2 i� Village West Island coconut trove ' Barnacle le I 1 a; 4 se' Stirrup House T5-L ' T4-L •.� •e-� • 4& �O NCD-3 �� Coconut Grove NCD CHARLES AV Mariah Brown House Irmo T3-R '1%kt o)_ Legend VA HISTORIC SITES Area Specific Designations 1 Village West Island and Charles Avenue NCD EnCoconut Grove NCD Ransom School (the Pagoda) 0 150 300 600 Feet ADDRESS: 3227-3247 CHARLES AVENUE EXISTING 0 M IAM 121 MAP T5-O 1S 132:1VE2:1VW 1 GRAND AV 1F oa THOMAS AV Alr 4liki O.A !I l'P' ## ‘ / WILLIAMAV 11..4a44 NCD-2 �� Village West Island coconut trove & CharleslAve NCD Playhouse` Barnacle CHARLES AV /i /E.W.F. Stirrup House T5-L ' 4 4& �O NCD-3 �� Coconut Grove NCD Irmo Mariah Brown House I /A 1 T3-R '1%kt o)_ Legend V/J HISTORIC SITES Area Specific Designations Village West Island and Charles Avenue NCD InCoconut Grove NCD Ransom School (the Pagoda) 150 300 600 Feet ADDRESS: 3227-3247 CHARLES AVENUE PROPOSED 0 150 300 600 Feet ADDRESS: 3227-3247 CHARLES AVENUE W. TUCKER GIBBS ATTORNEY AT LAW P.O. Box 1050 COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 448-8486 FACSIMILE (305) 448-0773 February 2, 2011 Francisco Garcia, Director City of Miarni Department of Planning 444 S.W. 2nd Avenue, Third Floor Miami, FL 33130-1910 Re: Application for Rezoning 3227-47 Charles Avenue Dear Mr. Garcia: I represent 3247 Charles LLC, the owner of the property at 3227-47 Charles Avenue. My client seeks to rezone the properties from T3R (Suburban Zone -Restricted) to CI (Civic Institution) to allow for the use of the property for parking consistent with the adjacent (on two sides) CI zoning (Coconut Grove Playhouse parking). The neighborhood surrounding this property is characterized by institutionaluses to the north and east (Coconut Grove Playhouse and parking lot), Commercial and residential uses along Main Highway and Charles Avenue to the east and south (Regions Bank, Calamari Restaurant, Camp Biscayne single-family development and Grove Garden condominium), the historic Stirrup House to the south and single-family residential to the west along Charles Avenue. This property is a "finger" of single family that is surrounded on two sides by the Playhouse parking lot. It is not a workable single-family property in that it is subject to a grandfathered parking lot with no buffer. This rezoning will allow the property tobe used as a parking facility with appropriate buffering as required by the Miami 21 Code. The proposed rezoning will allow for needed parking for the Playhouse and will encourage the preservation through adaptive reuse of several historic properties in this neighborhood by allowing those properties to utilize parking for their uses. This will allow the preservation of the residential look of this neighborhood by eliminating the need for parking lots on historic residential sites such as the Stirrup House and the Mariah Brown House. 1 I am available to provide you and your staff any additional information you require in your review of these applications. Thank you for your assistance. Sincerely, Ao‘ecki W. Tucker Gibbs enclosure cc: Gino Falsetto 2 REZONING APPLICATION MIAMI 21 l(-00IO2a The deadline to file the complete application with supporting documents is the first five working days of each month from 8:00 am until 3:00 pm, except on the fifth day, at 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, committees and the city commission. All documents, reports, studies, exhibits (8 'h x11 ") or other materials submitted during this process will be kept as part of the record. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. PLICATION 12.8 of the Miami 21 Code for Rezoning information, . Tubke`r"Gibbs for 3247 Charles LLC Subject property address(es) and folio number(s): 3227-3247 Charles Avenue: Folio Nos. 0141210075201and '0141210075210. £ \ o f X S "' Present zoning designation) / T3R and NCD-2 Analysis of the<;properties withina one-half mile radius of the subject property, including aerial photo Hof the site as -to why the present zoning designation is inappropriate. See attached Exhibit B 5 Proposedzoning designation(s): CI and NCD-2 6. Analysis of the properties within a one-half mile radius of the subject property, including aerial photo of the site as to why the proposed zoning designation is appropriate. See attached Exhibit B 7. Obtain signature or initial and date by the Planning Department designee prior to submittal. 8. Two (2) 11x17" original and one (1) 8 % x 11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 9. The subject property(ies) cannot have any open code enforcement/lien violations. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. At least two photographs showing the entire property showing land and improvements. 12. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property. Legal description must match the legal description on the Survey. 13. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A", to match with the current survey's legal description. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form (page 4 of the attached packet). 16. Certified list of owners of real estate within 500 feet of the subject property (see pages 7 and 8). 17. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. CITY OF M IAM I HEARING BOARDS Ph:305-416-2030 444 SW 2na Ave 7th FborM an i, FL 33130 Revi ed M ay2010 www man sgovr. n /heachg boards 3 LICATION acreage of the project%property site? Combined acreage = 0.24 acres 4 ag urpose of thisappiication/nature of proposed use? See attached Letter of Intent and 20° Is„the property,, within the boundaries of a historic site, historic district or archeological zone? v Please contact the PlanningDepartment on the 3rd Floor for information. Yes (archeological) 1 Is thelproperty,within the boundaries of an Environmental Preservation District? Please contact the .Planning Department on the 3rd Fioor for information. No 22 "Cost of processing according to Section 62-156 of the Miami City Code*: Change'of zoning'7classification to: a. CS, T3-R, T3-L, T3-O, per square foot of net lot area • $ .15 Minimum $ 635.00 b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of net lot area $ .20 Minimum $ 750.00. c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area $ .25 Minimum $ 900.00 d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to Ordinance. 12719, all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a certifiedcheck, cashier's check, or money order. Signature Oa/'_ ,r46—. Address P.O. Box 1050 Name W. Tucker Gibbs Telephone 305-448-8486 Miami, FL 33133 E-mail tuckerawtgibbs.com STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of February 2010 y W. Tuc r Gibbs who is a(n) individual/partner/agent/corporation of I&€ a(n) individual/partnership/corporation. lig/She is personally known to me or who has produced as identificati n nd who did (did not) take an oath. ev, , ANEL RODRIGUEZ %;:,k-s MY COMMISSION # DD 681036 t ° EXPIRES: June 12 2011 Pf As Bonded Thru Notary Public Underwriters Reva1M ay2010 CITY OF M IAM I HEARING BOARDS Ph:305-416-2030 444 SW 2nd Ave V' FborM an i, FL 33130 www man iJavaxn /heariig boarls 4 T OF AUTHORITY TO ACT efore` me this `day, the undersigned personally appeared W. Tucker Gibbs ', who being by me first deposes and says: . That he/she is the;; owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in ,the Cityof Miami, as listed;on the foregoing pages. 2. That ,all owners who he/she¢ represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, ❑ including or XX not including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. W. Tucker Gibbs Applicant(s) Name Applicant(s) Si: ature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this QD day of February 2011 by W. Tucker Gibbs who is a(n) individual/partner/agent/corporation of eRtfl chanites tvemi a(n) individual/partnership/corporation. he/She is personally known to me or who has produced _ as identification and who did (did not) take an oath. (Stamp) R•eM ay2010 ANEL RODRIGUEZ MY COMMISSION # DD 681036 EXPIRES: June 12, 2011 Bonded Thru Notary Public Underwriters i Signature CITY 0 F M IAM I H E A R I N G BOARD S Ph:305-416-2030 444 SW 2nd Ave '7dFborM isn if FL 33130 www man igovcorn /heamg Yra*ri.G 5 DISCLOSURE OF OWNERSHIP 1. List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires disclosure of all parties having a financial interest, either direct or indirect, with respect to a presentation, request or petition. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(es) c Percentage of Ownership 0 0 (Se-e- k• -r /a eceD. Subject Property Address(es) ( Co1 J7- CI pc ) ti_a e.e`O -4 3 3 I _� 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): Jer 4i-T-Licte_a) Legal Description(s): Fl1Ll " Oi9/2.007526 / •� G` ftJ Aid s M G-/ . -. ��. Owner(s) or Attorney Name Owner(s) or Attorney Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE � p The foregoing was acknowledged before me this and � day of ti' x� o-i 20It ,by (3e04.0.,62C\ cciP -ee who is a(n) individual/partne age corpora " .1 4 i- G6r o d e, L [ ('` _ a(n) . individual/partnership or oration e/ he is personally known to meA r who has produced as identification and who did did not) take an oath. (Stamp) ,.`,ZP';,1� LOURDES CECILIA OCAMPO 1 ?'",�_ Notary Public - State of Florida I s a * `:47 My Commission Expires Apr 13, 2012 0 %',;o,t* Commission # DD 778468 a—vS-- .r e. .. Nor -or -go- or --or- s Revised May 2010 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 411 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards 6 DISCLOSURE OF OWNERSHIP 3247 CHARLES, LLC. 50% GROVE TEAM HOLDINGS, LLC. 68% SHARP TEAM HOLDINGS LLC. 50% ARIES DEVELOPMENT GROUP LLC 70% GINO FALSETTO 30% ENVISION USA INC 100% RAJESH (RICK) KALWANI 50% CC NY REALTY INC 100% ANDREA ALBERGHINI 20% THE ZEMPIRE LIMITED PARTNERSHIP LLLP BERNARD ZYSCOVICH 1% Bernard Zyscovich 98% Bernard Zyscovich Living Trust i% Estate of Frieda Zyss Selski, 12% MARCELLO PICA and MARIA PICA 50% HH & B FLORIDA, LLC. JACOB (HANK) SOPHER 47.5% Trust of Meridith Sopher 47.5% Trust of Evan Sopher 5.0% Ben Orbach. ■ Address for 3247 Charles LLC, Sharp Team Holdings LLC, Aries Development Group LLC, Gino Falsetto, Envision USA Inc. and Rajesh Kalwani is: 1717 North Bayshore Drive Suite 102, Miami FL 33132 ■ Address for CC NY Realty Inc and Andrea Alberghini is: c/o 301 W. Hallandale Beach Blvd, Hallandale Beach FL 33009 ■ Address for the Zempire Limited Partnership LLP, Bernard Zyscovich, Bernard Zyscovich Living Trust & Estate of Frieda Zyss Selski is: 100 N. Biscayne Blvd, 27th Floor, Miami FL 33132 ■ Address for Marcelo Pica and Maria Pica is: 59 Hillard Avenue, Nepean Ontario K2E 6B9, Canada ■ Address for HH & B Florida, LLC, Jacob Sopher, Trust of Meredith Sopher, Trust of Evan Sopher and Ben Orbach is: c/o Swift Park, 425 East 61st Street, 4th Floor, NY, NY 10065 3247 CHARLES LLC LIST OF PROPERTIES OWNED WITHIN 500 FT: Address: 3540 Main Highway, Coconut Grove Florida 33133: ■ Unit 202 and PH08 (Folio # 01-4121-311-0040 & Folio # 01-4121-311-0380) owned by Gino Falsetto 100% ■ Villa 2 (Folio # 01-4121-311-0400) owned by Rajesh Kalwani 100% • Unit PH02 (Folio # 01-4121-311-0320) owned by The Zempire Limited Partnership LLLP 100% • Units CU-2 & CU-3 (Folio # 01-4121-311-0440 & Folio # 01-4121-311-0450) owned by: Gino Falsetto 31.5% Rajesh Kalwani 13.5% Andrea Alberghini 45% CERTIFIED COMPANY RESOLUTION The undersigned hereby certifies that 13L #v,' s/i c '- is a Manager of the Manager of 3247 Charles LLC, a florida limited liability company (the "Company"), that the following is a true and correct copy of the resolution adopted by the members at a meeting held on January 19, 2011 at the offices of the Company. RESOLVED, that the Company authorizes W. Tucker Gibbs, Esq. to act on its behalf and execute and deliver any and all applications, petitions and other documents pertaining to the applications for zoning approval, and to take any and all such actions consistent with obtaining approval of said applications that may be deemed necessary by the Company. The adoption of said resolution was in all aspects legal; and that said resolutions are in full force and effect and have not bee modified or rescinded. Dated this '31 day of January, 2011. 3247 axles LLC, a florida limited liability company By—�L ✓�_A`Ianager, Aries Management & Development LLC,Its Manager STA'J'E OF FLORIDA ) SS: COUNTY OF MIAMI-DAD)E 1 HEREBY CRTIFY THAT on this day, before me, an officer duly qualified to take acknowledgments, personally appeared bkrn Kral J l(J S-Z.t; as Manager of the Manager of 3247 Charles LLC, a florida limited liability company, to me personally'known, and who executed the foregoing resolution and acknowledged before me that he executed the same for the purposes herein expressed WITNESS my hand and seal in the county and state last aforesaid, this rday o r«I try, 2011. Name: Notary Public, 'State of Commission No. My commission expires: (!,;' LOURDES CECILIA OCAMPO "_ Notary Public - State of Florida _•; At F. sN l . My Commission Expires Apr 13, 2012 ;F '`a? Commission # DD 778468 Exhibit A Legal Description for 3227-3247 Charles Avenue, Miami FI. 33133 The West 40 feet of the East 92.50 feet of the South 118 feet, Block 29, of "FROW HOMESTEAD"; according to the Plat Thereof as Recorded in Plat Book B at Page 106; of the Public Record of Miami -Dade County, Florida; and, The West 50 feet of the East 142.50 feet of the South 118 feet, Block 29, of "FROW HOMESTEAD"; according to the Plat Thereof as Recorded in Plat Book B at. Page 106; of the Public Record of Miami -Dade County, Florida. Exhibit B Analysis - 3227-3247 Charles Avenue The property located at 3227-3247 Charles Avenue is currently vacant. Site Data: Address: 3227-3247 Charles Avenue Legal Description: See attached Acreage: 0.24 acres Ownership: 3247 Charles LLC Photographs: See attached Current Zoning Map: See attached Facts: The subject property currently has a land use designation of "Single Family Residential with a zoning classification of T3R. The property is situated with frontage along Charles Avenue. The current T3R zoning is inappropriate for this site and neighborhood for the following reasons: 1. The property is primarily surrounded by a CI zoned property (Coconut Grove Playhouse parking and structure) along its eastern and northern edges and by another T3R site along its western edge. 2. The property is adjacent to the historic Coconut Grove Playhouse site. Because it is adjacent to this major institutional property, the use of the site as a true single family residence is limited. 3. While the Charles Avenue neighborhood is zoned T3R (single family dwellings), the current T3R zoning classification is inappropriate in that it will not allow for the appropriate single-family uses on the property given that 2 of its 3 edges are zoned CI and next to a large parking lot servicing an institutional use. The CI zoning classification is more appropriate for this site and neighborhood for the following reasons: 1. The CI designation will unify its zoning with the adjacent Cl-zoned historic Coconut Grove Playhouse site which allows for a broader range of adaptive use of the existing Playhouse property by permitting this site to serve as a needed support function for the Playhouse. 2. The CI designation will allow neighborhood historic properties (Stirrup House and Mariah Brown House) the flexibility to utilize (with appropriate historic preservation review and approvals) the property for required parking thus allowing for their preservation through adaptive reuse. 3. The CI designation is a logical extension of the adjacent CI zoning category. 4. Pursuant to the Miami 21 Code, the CI zoning ensures appropriate transitions from the commercial uses along Main Highway to the Charles Avenue residential zone. 5. The CI designation is consistent with the successional zoning requirements and criteria as specified in the Miami 21 Code. NEI GHBORHOOD PHOTOGRAPHS CHARLES AVENUE and MAI N HI GHWAY 1. Region's Bank west lot line and drive -through adjacent to Stirrup House. 2. Coconut Grove Playhouse parking lot and strucyure adjacent to 3227-3247 Charles Avenue site. 3. Region's Bank building at south west corner of Charles Ave. and Main Highway. 4. Looking down Charles Avenue toward Main Highway from location of 3227-3247 and 3242 Charles Ave. 5. Historic Marker for Charles Avenue. 6. Region's Bank drive -through adjacent to Stirrup House. 7. Coconut Grove Playhouse parking lot and strucyure adjacent to 3227-3247 Charles Avenue site. 8. Coconut Grove Playhouse building and parking lot at north west corner of Charles Ave. and Main Highway. 9. Looking down Charles Ave. toward Main Highway (showing Region' s Bank drive -through) . MAI N HI GHWAY 1. Looking 2. Looking 3. Looking 4. Looking 5. Looking 6. Looking through) 7. Looking 8. Looking wall). 9. Looking wall). 10. Looking north from Charles at east side (Camp at east side (Camp north from Charles south from Charles south from Charles Ave (Playhouse) . Biscayne wall) . Biscayne wall). Ave Ave Ave (Playhouse). (Region' s Bank) . (Region' s Bank Drive - west on Charles Avenue from Main Highway. at east side from Region's Bank (Camp Biscayne at east side from Region's Bank (Camp Biscayne at west side at Calamari's Restaurant (Grove Garden Condominium). CHARLES AVENUE -- SOUTH SIDE 1-5, and 7. Single-family residential houses. 6. Church (former Odd Fellows Hall, historic structure) with Grove Garden Condominium in background. 8. Mariah Brown House (historic structure and church with Grove Garden Condominium in background. 9, 11 and 12. Single-family residential houses. 10. Stirrup House. CHARLES AVENUE -- NORTH SIDE 1-2, and 4-10. Single-family residential houses. 3. View down Charles Avenue to the west. u q� in §h\Grove Aft! k Rattan $* CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: W. Tucker Gibbs (First Name) (Middle) (Last Name) HOME ADDRESS: P.O. Box 1050 (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: 33133 HOME PHONE: (305) 448-8486 CELL PHONE: FAX: (305) 448-0773 EMAIL: tucker@wtgibbs.com BUSSINESS or APPLICANT or ENTITY NAME 3247 Charles, LLC BUSINESS ADDRESS: 1717 N Bayshore Drive, Suite 102 (Address Line 1) Miami, Florida 33102 (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Land Use and zoning changes for property at 3227-47 Charles Avenue 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? ❑ YES ❑X NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. Name a. ` Ij�,�+ Address Phone# `V/ (/V i b. c. * Additional names can be placed on a separate page attached to this form. 4. Please describe the nature of the consideration. 1;- IJ/A VIYI 5. Describe what is being requested in exchange for the consideration. 10. 0 z ACKNOWLEDGEMENT OF COMPLIANCE I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: 1. the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. • PERSON SUBMITTING DISCLOSURE: yr Da Cbl Priz— Signature W. Tucker Gibbs Print Name , 20/ r( Sworn to and subscribed before me this day off^ . The foregoing instrument was acknowledged before me by O. ( if & / 1! , who has produced not take an oath. ® as identification and/or is personally known to me and who did/did STATE OF FLORIDA CITY OF MIAMI MY COMMISSION EXPIRE, . ary al e..- I ANELRODRIGUEZ o��Y',t; 4 ' ,i� ',;*: MY COMMISSION # DD 681036 Print Nam Enclosure(s) *; r EXPIRES: June 12, 2011 'F ••F BondedThruNotaryPubiicundermiters Doc. No.:86543 "PF•" ®- Page 2 Tax Folio No.: 01-4121-007-5201 This instrument prepared by: Michael C. Slotnick, Esq. Law Offices of Henry A. Lopez-Aguiar, P.A. 9415 Sunset Drive, Suite 119 Miami, FL 33173 WARRANTY DEED !mum um CFI'1 2007R0848137 OR Bk 25884 Ps 4832; (fps) RECORDED 08/27/2007 12:15153 DEED DOC TAX 3,000.00 SURTAX 2,250.04 HARVEY RUVIt1, CLERK OF COURT t1tA/It-DADE COMFY, FLORIDA '.'"T 'AGE THIS WARRANTY DEED Made the July 19, 2007 by STIRRUP PROPERTIES, INC., a Florida corporation, whose post office address is 3619 Percival Avenue, Miami, FL 33133 ("Grantor"), to 3247 CHARLES LLC, a Florida limited liability company, whose post office address is 1717 North Bayshore Drive, Suite 102, Miami, FL 33132 ("Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum ofS10.00 and other good and valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, the following described land: The West 40 Feet of the East 92.5 feet of the South 118 Feet, Block 29, of PROW ROMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book'B", Page 106, of the Public Records of Miami -Dade County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to self and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006, and restrictions and easements of record, if any, provided the foregoing shall not be deemed to reimpose same. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the day and year first above written. Signed, sealed and delivered in our presence: 0..8,%04 c STIRRUP PROPERTIES, INC., Name: rorell ipt c Stntnlck a Florida corporation Name: .Sus•r.Ia • SLa7`Urct. STATE OF FLORIDA COUNTY OF MIAMI-DADE a/14 M DAVID M. PORTER, JR., a President The foregoing instrument was acknowledged before me this July 19, 2007, by DAVID M. PORTER, JR., as President of STIRRUP PROPERTIES, INC., a Florida corporation, on behnlfof the corporation. He (X) is personally known to me or ( ) has produced a Missouri Drivers License as Identification. (Notary Seal) 444;dh, .t G,. Stekv..k NOTARY PUBLIC My commission expires: 00 "%l.'`'a* C Sarnia Myconrimio'i comma Sq*is liairtibrO3.2001 Tax Folio No. : 01-4121-007-52110 This instrument prepared by: Michael C. Slotnick, Esq. Law Offices of Henry A. Lopez-Agaiar, P.A. 9415 Sunset Drive, Suite 119 Miami, FL 33173 CFN ' 007R08,4u LZ OR Bk 252E4 Ps 48331 UPS? RECORDED 08/27/2007 12:15:53 piED DOC TAX 3r000.00 SURTAX 2r2$0.00 ' HARVEY RUVI}{r CLERK OF COURT 1IAtil-OAbE CDUHTYr FLORIDA LAST PAGE 'WARRANTY DEED • TBTS WARRANTY DEED Made the August 22, 2007 ' by GEORGB A. SIMPSON and DAZELLE D, SIMPSON, his wife, whose post office address is 3619 Percival Avenue, Miami, FL 33133 ("Grantor"), to 3247 CHARLES LLC, a Florida limited liability company, whose post office address is 1717 North Bayshore Drive, Suite 102, Miami, FL 33132 ("Grantee"). , WTINESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable considerations, receipt whereof is hereby acknowledged hereby grants, bargains, sells, aliens, remises, releases, conveys•and confirms unto the Grantee, the following described land: The West 50 Feet of the Vast 142.5 feet of the South 118 Feet, Block 29, of PROW HOMESTEAD AMENDED, according to the Plat thereof, as recorded in Plat Book `B", Page 106, of the Public Records of Miami -Dade County, Florida. TOGETHER with all the tenements, hereditanients and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with the Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006, and restrictions and easements of record, if any, provided the foregoing shall not be deemed to reimpose same. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the day and year first above written. Signed, sealed and delivered in our presence: • c3ti4�, 0t r+. V10 GNVV,C, Name: Name:.G r e y v r� S J IN -sr s..41iw • STATE OF FLORIDA COUNTY OF aM M1-DADE • DAZELLED. S]IvIPSON The foregoing instrument was acknowledged before me this August 22, 2007, by GBOROE A. SIMPSON and DAZELLE D. SIMPSON, his wife. They (X) are personally known to me or ( ) have produced a Florida Drivers License as identification. (Notary Seal) ef,IN M,ra,eeI C Siorick My CoavaisbnDO356Q63 ?or,,o4v Exptres November vs. 2006 NOTARY PUBLIC My commission expires: LOCATION SKETCH: SCALE N.T.S. WILLIAM AVENUE I g Remainder BLOCK29 (Pb. B, Pg. 106) 10' BUILDING BABE LINE r/ 0.1 my � V SURVEYOR'S REPORT : CHARLES AVENUE — P. 1. MAP OF BOUNDARY SURVEY FOR PROPERTY: 3227 CHARLES AVENUE, MIAMI FLORIDA 33133, VACANT LAND 2. LEGAL DESCRIPTION : The West 40 feet of the East 92.50 feet of the South 118 feet, Block 29, of "FROW HOMESTEAD" ; according to the Plat Thereof as Recorded in Plat Book B at Page 106; of the Public Record of Miami -Dade County, Florida. ' 1.a. MAP OF BOUNDARY SURVEY FOR PROPERTY: 3247 CHARLES AVENUE, MIAMI FLORIDA 33133, VACANT LAND 2.a. LEGAL DESCRIPTION : The West 50 feet of the East 142.50 feet of the South 118 feet, Block 29, of "FROW HOMESTEAD" ; according to the Plat Thereof as Recorded in Plat Book B at Page 106; of the Public Record of Miami -Dade County, Florida. 3. SOURCES OF DATA (VERTICAL CONTROL): Flood information Based on the Flood Insurance Rate Map of the Federal Emergent Management Agency. (NGVD 1929) F.I.R.M. date 09-11-2009 Flood Zone: X Base elevation: N/A Community: 120650 Panel No. 0476 Suffix: L BM used: CG-23 (4144 S) Elevation: 17.87' 4. SOURCES OF DATA (HORIZONTALCONTROL): The North Arrow and Bearings as shown hereon are based of bearings value S 28°49'45"W along the center line of Main Highway, according to the Plat Thereof as Recorded in Plat Book 106 at Page 54; of the Public Record of Miami -Dade County, Florida. 5.ACCURACY : The accuracy obtained by measurement and calculation of closed geometric figures was found to exceed this requirement. 6. LIMITATIONS : - Since no other information other than what is cited in the Sources of Data were fumished, the Client is hereby advised that there may be legal restrictions on the Subject Property that are not shown on the Survey Map or contained within this Report that may be found in the Public Records of Miami -Dade County, or the records of any other public and private entities as their jurisdictions may appear. - Land shown hereon were not abstracted for easements and/or right-of-way of record except as shown on the Record Plat if any. - The Surveyor makes no representation as to ownership or possession of the Subject Property by any entitie or individual who may appear of public record. - No excavation or determination was made as to how the Subject Property is served by utilities. - No improvements were located, other than those shown. - No underground foundations, improvements and/or utilities were located or shown hereon. - This notice is required by the "Minimum Technical Standards for Land Surveying in the State of Florida", pursuant to Rule 61g17-6 of the Florida Administrative Code. Notice is hereby given that Sunshine State One Call of Florida, Inc. must be contacted at 1-800-432-4770 at least 48 hours in advance of any construction, excavation or demolition activity within, upon, abutting or adjacent to the Subject Property. This notice is given in compliance with the "Underground Facility Damage Prevention and Safety Act", pursuant to Chapter 556.101-111 of the Florida Statutes. ABREVATIONS AND LEGEND: A =arc =degrees B.B.Q.=barbecue E =east B.O.B.=basis of bearings ENC. encroachment B.M. =bench mark FIP =found iron pipe B.C. =block comer FIR =found iron rebar BLDG.=building F.F.E. =finish floor elevation C.M.E=canal maintenance F.N&D=found nail and disc easement. C. =calculated CH. =chord distance CH. B.=chord bearing C.B.S. concrete block structure CL =clear CONC= concrete 0 =diameter D =central angle DH. =drill hole D.M.E.=drainage maintenance easement HT. =high (height) P L.F.E. =lowest floor elevetion P / L.M.E. =lake maintenance easement PL. L.S. =land surveyor P.0 (M) =measured distance P.0 M / L monument line P.R N / A =not applicable N & D =nal & disc P.R. N.G.V.anafionalgeodetic vertical datum P.T N =nodh R N.T.S =not to scale RN No. =number R / 0 / S =offset O.U.L. overhead utility line O.R.B. =official record book P =plat P.B. =plat book P.C. point of curvature PG. =page P.C.P.=permanet control point U KWY =parkway L =property line =planter .B =point of beginning .0 =point of commencement .0=point of revrse curvature M =point of refemce monument =point of tagency =radius G =range R =railroad R / W =right-of-way SWK =sidewalk SEC. section S =south T tangent TWP. =township U.E =utility easement TIL. =utility W =west AIR CONDITIONER o FIRE HYDRANT © CABLE TV BOX E WATER METER E ELECTRIC BOX El TELEPHONE BOX FPL BOX CPP& CONCRETE POWER POLE WPC WOOD POWER POLE LP - LIGHT POLE LIH UNKNOWN MANHOLE Ea CATCH BASIN —x— CHAIN LINK FENCE ., — WOOD FENCE METAL BAR FENCE _�— CENTER LINE SPOT ELEVATION A TEMPORARY BENCHMARK CMp WATER VALVE rso SEWER VALVE C61 GAS VALVE TRAFFIC SIGN Ri-f' STOP SIGN FOR MORE INFORMATION VISIT US ON THE WEB CERTIFY TO : 3227 CHARLES, LLC 3247 CHARLES, LLC NOTICE: Not valid without the signature and original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to Survey Maps and Reports by other than the signing party are prohibited without the written consent of the signing party. (See 2 of 2) 1060 West 46th Street, Hialeah, FI. 33012 P. 305_362_7926 F. 305_558_5126 M.frank@surveyinflorida.com Date: 12-1 0-2010 _lob No.1 0-6090F Sheet No. 1 of 2 NEW BEARINGS, INC. SURVEYOR AND MAPPERS LB. 7611 north central and south florida 60 BOUNDARY SURVEY: SCALE 1" : 20' Lci FIF'j"0 (NO ID) 5'ht. CLF 0 CO 0.60'-1— F.D.H. ors 0.52' S. 0.10' West \i 50.00' Remainder BLOCK 29 (Pb. 8, Pg. 106) P/L S8929'55"Ecr{NN0A1116) d 0 VACANT I LAND (AREA=10,620 S.P. / 0.24 AC.) 3247 Charles Avenue West 50' of the East 142.5' of the South 118, BLOCK 29 (Pb. B, Pg. 106) 10 FT BUILDING BASE LINE 90.00' 0 10 20 30 40 50 GRAPHIC SCALE I":20' (IN FEET) 3227 Charles Avenue West 40' of the East 92.5' of the South 118, BLOCK 29 (Pb. B, Pg. 106) FIR;"0^ "^"'" (BEC 0129) o/s 0.36' South 40.00' €FIP"0 (NO ID) 1-1.09' 1--5'ht. CLF 1 1 3.50' 5' CONC.i SWK " R/WL. ".:r4at.:4551W . • 20'' 4SPMACT PA.VEMENi f C'ONC; P,P{! . `:; :?.:.::.:.:.::::::............ • CHARLES AVE. (30' TOTAL RIW PER PLAT) SURVEYOR'S CERTIFICATE : I hereby certify: That this 'Boundary and Topographic Survey" and Report resulting thereform was performed under my direction and is true and correct to the best of my knowledge and belief and further, that said "Boundary and Topographic Survey" meets the intent of the applicable provisions of the " Minimum Technical Standards for Land Surveying in the State of Florida ", pursuant to Rule 61 g 1 7-6 of the Florida Administrative Code and its implementing law, Chapter 472.027 of the Florida Statutes. By: 0 CO T W If! rn 1 0 v) J a 5250: (M) M) 266.44' (M) 1/ 1— uel Garay Professional Surveyor and Mapper No. 6592 State of Florida P.C.P. 1060 West 46th Street, Hialeah, FI. 33012 P. 305_362_7926 F. 305_558_5126 M.frank@surveyinflorida.com Date: 12-10-2010 Job No.10-6090F Sheet No. 2 of 2 NEW BEARINGS, INC. SURVEYOR AND MAPPERS LB. 7611 north central and south florida