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HomeMy WebLinkAboutApplication & Supporting DocsHEARING BOARDS 444 SW 2n`j Avenue, 7Ih Floor + Miami, Florida 33130 Telephone 305-416-2030 • Fax 305-416-2035 www.rniamigov.com PUBLIC HEARING APPLICATION FOR A SPECIAL EXCEPTION Welcome to Hearing Boards! This application is intended to serve as a guide in acquainting you with our public hearing process. By any means, please feel free to contact us at the number above, should you have any questions. CITY OF MIAMI 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. Copies of lobbyist documentation with proof of payment must be submitted with the complete application. The deadline to file the complete application with supporting documents is the first five working days (1-5) of each month from 8:00 am until 3:00 pm. The responses to this application must be typed and signed in black ink. Please note that pursuant to Section 1304.2.2 of the Miami Zoning Ordinance, no application shall be deemed to have been filed unless and until the applications shall have been completed. All pertinent and accurate information/documentation; i.e., the pians, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for th•e accuracy of the information contained in the application and all supporting materials. If you like, you could bring the materials to our office for staff review before the deadline to ensure the application is complete. Upon submittal, this application must be accompanied with a signed Zoning Referral. 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. An additional fee to record Zoning Board resolutions will be charged and it is determined contingent upon fees charged at the time of recordation. Go to the Miami -Dade County Recorder's Office at 22 NW First Street, First Floor, and ask for a certified copy. Please have the original recorded document mailed to the address above and bring the certified copy to our office. Copies of City Commission resolutions can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360, Applications given to customers do not constitute action from the City of Miami without plans review and written comments from Zoning. Rev. O i-O6-06 Within liie City generally, Or within certain zoning districts, certain Ui-structures, uses. %nwir r occupancies specified, 21e of a nature requiring special and intensive review to determine whether er not they should be permitted in speciflo locations, and if so, the special limitations, conditions, and safeguards, should be applied as reasonably necessary to promote the general purposes of the Zoning Ordinance and, in particular, to protect adjoining properties and the neighborhood from avc'ldable potentially adverse effects. it is further intended that the expertise and judgment of the iviiarrii Zoning Board be exec utsed in making such determinations, in accordance with the rules, considerations and limitations relating to Special Exceptions (see Art %le 5 of the Zoning Ordinance.). Forrrmai ubilc notice and hearing is il':cnndator' t e `i s Tne 7 " Board shall i✓ ,.v for Special xc p� ten,, onln� ,, be solely responsible for determinations on applications for Sae aal Exceptions, except when r othero ise provided for in the City Code. All applications shall be referred to the Director of the Planning Department for his/her recornrnendation(s) and the Director shall make any further referrals required by these regulations- 1, GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE LLC By: Felix Lama, Principal hereby apply to the Miami Zoning Board for approval of a Special Exception for the property located at 2640 Sn, Paysnore Drive, Miami, Florida 33133 folio number _U1 —41 22-002—U01 1 The property/location listed does no have any open code enfor•cce `ner t lien violations. 2. One (1) original survey prepared by a State of Florida registered land surveyor within. six (5) months from the date of application. 3 One (1) original 24x36" plan, signed and sealed by a State of Florida registered architect or engineer showing property boundaries and proposed structure(s), parking; landscaping, etc_: building elevations and dimensions and computations of lot area and building spacing. Plan needs to be stamped by Hearing Boards first and then signed by a) Public Works on the 8" Floor, b, Zoning on the 4'` Floor and c) Planning on the 31r Floor, prior to submittal. Note: Plans are to be submitted to Zoning for review by appointment only starting from the 8th through the 301'' of each month. Zoning will not be accepting plans on the first seven days of the month After obtainino signatures from the above departments; two (2) 1 1 x 17" and one (1) 8 % x 1 1 " copies of the original plan, including the survey. At least two photographs that show the entire property (land and improvements). 7. A clear and legible copy of the recorded warranty deed and tax forms of that shows the resent owner(s) arid [re a. d , ri, t.or i' the prove current year 8. A clear and legible copy of the subject property address and legal description on a separate sheet of paper, labeled as "Exhibit A". Q. .Affidavit and disclosure of ownership of the subject property (see paces 4 and 5). 10. Certified list of owners of rea! estate vw=turn 50€0 feet of :ne subject property (see gages 6 and 7). . i\fhat is th o .:.. ...o ' o:,: pro per;:, ;? e �v€'�-<,j� of €, p.:..ireiti�;rt�� � �r site? 12. th€ urp sE of th ut c sstruction 0a 3-story, 22,506 ; °' marine related facility €3. is the property 'within the boundaries of a historic site. historic d sti ct or archeological zone? Please contact the Plahnina Department on the Floorfor information. 1 ES 14 is the property within the bound 9,ues of a the PlanDepartment on the - i Lnvronments1 Preservation D:strict? PDuse co liriformatmn. N 0 For corporations and partners h p_. the foliciiivr o document_ sre to he s ab- r'd`ed: a) Articles of Incorporation b) Certificate from Tallahassee iess than one (1 ) year old showing good standing c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corpocation authorizing the person who signed the application to do so d) For nor -profit organizations only: A #ist of Board of Directors less than one (1) year old 16. Cost of processing according to Section 62-156 of the Niliami City Code: Special Exception $ 800.00 Special Exception requiring automat€c City Commission review $ 2;000.00 Extension of time for Special Exce tlon $ 500.00 Public hearing and public meeting mail notice fees. including cost of handling and mailing per notice $ 3.50 Surcharge equal to applicable fee from item above, not to exceed eight hundred dollars ($800.00) exce t from agencies of the city: such surcharge to be refunded to the applicant if there o appeal from the applicant or a property owner within five hundred :50 ) feet f subject property. Signature Name Felix Lima Telephone 3U5-854--6444 Address Date 2640 So, Bayshore Drive Miami Florida 33133 iaii Address f.i xt,imat±aaL_c_Q STATE OF FLORID A COUNTY OF t iAML-DARE e t ter inn ; t r _s l__d bet- e methis i he �J_��Q i= c _ _._: ;J�c�. Cr�.�Ur ins 2 0 r"" 1 by Felix L i ma who is a(n) individual/partner/agent/corporation of individualipartnership car .oratio He/She is perso aI#by known to as identification and who did did not) take ant ath. IA iStarrio t` v Sig *n1 e or who has produced AFFIDAVIT Before me, the undersigned, this day personally appeared Grove Harbour Marina and caribbean Marketplace LLC _Ly,1 Fe1ix Lima, Principai who benby me first de,poses and says: That helshe is the owner, or the egal representative of the owner, submitting the accompanying application lei- a public hearing as required by the Code of the City ef %choral, Florida, affecting the real property located in the City of Miarm, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That ail owners which 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, irtciuding or E not including responses to day to day staff inquires. 3 That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses: telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. The facts as represented in the application and documents submitted in corijunction with this affidavit are true and correct. Further Affiant sayeth not: Grove Harbour Marina and Caribbean Marketplace LWC Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE Ap t Signature The foregoino was acknowledged before me this )-• day of 4--e - • kivvi 20 to .by P.1 i X who is a(n) individualipartn orporation of Grnv,,. 4,arhour Marina. and ,-• a(n) individualipaTtpershipi b-rporaqctii. He/She is personally known to me or who has produced N as identification nd who didiAdid CO) take an oath. Stamp) DISCLOSURE OF OWNERSHIP List the cwnergs of the subject property and percentage of ownership. Not a: 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 cf shareholders of corporations, beneficiaries of trusts, andiar any other interested parties, together Yvith their addressees) and proportionate interest are required. Please su-,.p�p[y additional lists, If applicable. Owners Na i '==e`es; CITY OF MIAMI Subject Property Address(es) 2640 So® Baysa ore Drive Miami, Florida 33133 Telephone Number 305-416-14 2 E-mail Address .us 2. Street address(es) and legal description(s) of any property: a) Owned by any party listed in answer to question #1: and b) Located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address Legal Deschption Grove Harbour Marina and Caribbean Marketplace LLC By: Felix Lima, Principal Owner or Attorney Name STATE OF FLORIDA COUNTY OF rvMIAMI-LADE Owner dr Atfr3rney Signature The foregoing was acknowledged before me this who is r(f';_; in s <dua rtneC, a -enticorpration of C`' CZ - - m?ar_i.n.a.. a(n) individaallpartne s l*orporatlorf He/She is personally known to me or who has produced as identification and who did id not) take an oath. day of (Starr, DISCLOSURE OF OWNERSHIP 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 applicable. Owners Name(es) f 4 - 14 lz 3' Ra Subject Property Address(es) Telephone Number 5 t'_ t ji E-mail Address ji i l 2. Street address and legal description of any property owned by any and all parties listed in answer to question #1 located within 500 feet of the subject property. Please supply additional lists, if applicable. Street Address PH; c trk Owner(s) or Attorney Name STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing as acknowledged before me this day of Met.)--41 Legal Description t Owner(s) ottorney Signature 20 or , by ( o 6-, who is a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not^`-) ta'an oath. (Stamp) NOTARY ?1JB iC STATE OF FLORIDA .e , ()fella E. Perez C nr isE,ion#DD7a1 f7l2 "`�aaa:°4`4a� Expires: AUG, 02, 2011 BOND i"HRU ATTAIN -no,. BO.NU NG CO., aC. Rev. 09-04-07 tm UPLAND PARCEL A" EX A A portioSouthwest oric-quafter of SecSection 22, ownshiIp 54 youth. Ra gn 4 . Eat, Miami -Dade County, Florida„ being more particttiariv described a follows: Co enfYat the intersection of the City monument lines of S.W. 27th h A vemie with South Bayshore Drive as shown on that certain plat of "DI.NNER. KEY", as recorded in Plat Book 34 at Page 2 of the Public Records of Miami -Dade County, Florida; thence, along the City monument line of said South Bayshore Drive North 36°30'03" East for a distance of 1131.38 feet to a point being 2.27 feet Southwesterly from the intersection of the City monurn&nt lines of Darwin Street with said South. Bayshore Drive; thence continue along the City monument line of said South Bayshore Drive North. 51°52'03" East for a distance of 33.42 feet to a point; thence run South 76'25'57" East for a distance of 98.12 feet to the Point of Beginning of the hereinafter described parcel; thence continue South 76°25' 57" East for a distance of 542,16 feet to a point on the existing seawall, said point -being on a line referred to as the line of dern.arcation between uplands Ind submerged lands of Biscayne Bay on the "SPECIFIC PURPOSE SURVEY" prepared by Biscayne Engineering Company, Inc., dated August 11, 1.995 and revised on June 3, 1996 (Order No. 01-72839); thence run along said demarcation line South 18°23'03" East for a distance of 552.25 feet to the Northerly Right -of -Way line of Miami Chart 1-louse Access Road as shown on the aforementioned "SPECIFIC PURPOSE SUR.VEY"; thence continue along said Right of Way line for the following eight (8) courses: North 75°42'04" West for a distance of 240.75 feet; thence North 30°43'05" West for a distance of 70.18 feet; thence North 76°25'57" West for a distance of 93.00 feet: thence North 54°03'38" West for a distance of 60.50 feet; thence North 76°25'57" West for a distance of 215.80 feet; thence South 71°02'50" West for a distance of 46.60 feet; thence North 76°25'57" West for a distance of 78.00 feet; thence North 31°44'11" West for a distance of 237.20 feet to a line parallel with and 22,22 feet southeasterly of the southeasterly Right of Way line of said South Bayshore Drive; thence run along said parallel line North 36°30'03" East for a distance of 245.49 feet to a point; thence run South 76°07'32" East for a distance of 5.25 feet to a point; thence run North 13°19'03" Fast for a distance of 17.90 feet to a point; thence run North 51°52'03" East for a distance of 8.30 feet to a Point of Beginning. Containing 6.95 s cres. More or less. porno i s. t tai outhwest oriel uar i i•ni-T)ad ° County, Florida, bci Section 22, (lore particularly 'ship 54 South, Raarig.c 41 scribed as follows: niiu ncit ide intersection of the City monument lines of S.W. 27",. Avenue, wiih South Bayslrorc Drive: as shown on that certain plat of "DINNER KEY", as recorded in Plat Book 34 at Page 2 of the Public Records of Miami -Dade County, Florida; thence, along the City monument line of said South Bayshore Drive North 36°30'03" East for a distance of 1131.38 feet to a point being 2.27 feet Southwesterly from the intersection of -the City monument limes of Darwin Street with said South Bayshore Drive; thence continue along, the City monument line of said South Bayshore Drive North 5 i °52'03" East for a distance of 33.42 feet to a point; thence run south 76'25'57" East for distance of 640.28 feet to a point on the existing seawall, said point being on aline referred .to as the line of demarcation between uplands and submerged lands of "Biscayne Bay", on the "Specific Purpose Survey" prepared by Biscayne Engineering Company, Inca dated August 11, 1995 and revised on June 3, 1996 (Order No. 01-72839), said point also being the Point of Beginning of the hereinafter descried parcel; thence continue South 76°25'57" East for a distance of 424.00 feet to a point; thence South 40°51' 19" East 168,44 feet; thence South 13°34'03" West 372.00 feet; thence North 76°25'57" West 267.86 feet to its intersection with said dernoscation line between uplands and submerged lands of "Biscayne Bay", thence, along said demarcation line North 18°23'03" west 580.44 feet to the Point of Beginning. Containing 4.32 acres. More or less. ESC1 P T1ONm SUHit" .ERR ; ' 1 PAlzcl.'L 13. A portion of the Southwest one -quarter of Section 22, Township 54 South, Rti ge East, Miami -Dade County, Florida, beim. It ouc particularly described as follows: C,ornimmmeag at the intersection of tact City monument lines of S.W. 27th Avenue with South 1:3aysliore Drive as shown (NI that certain plat of " DINNER ;Y", as recorded in Plat Book 34 at Page 2 of the Public Records of Mini-Dadc County, Florida; thence, along the City monument line of said South 13ayshore Drive North 36°30'03" East for a distance of 1131..38 feet to a point -being 2.27 feet Southwesterly from the intersection of the City monument lines of Darwin Street with said South Bayshore Drive; thence continue along the City monument line of said South Bayshorc Drive North 51'52'03" East for a distance of 33.42 feet to a point; thence run South 76°25'57" East for a distance of 640.28 feet to a point on ;he existing seawall, said point being on a line referred to as the line of demarcation between uplands and submerged lands of "Biscayne Bay", on the "Specific Purpose Survey" prepared by Biscayne Engineering Company, Inc., dated August 11, 1995 and revised on June 3, 1996 (Order No. 01-72839), thence continue South 76°25'57" East for a distance of 424. 00 -feet to a point; thence South 40'51' 19" East 168. 44 feet; thence South 13°34'03" West 89.00 feet to the Point of Beginning of the hereinafter described parcel; thence South 76°25'5T' East 351.00 feet; thence South 1.3°34'03" West 283.00 feet; thence North 76°25'57" West 351.00 feet; thence North 13°34'03" East 283.00 feet to the Point of Beginning. Containing 2.28 acres. More or less. DUID NO 4Ef r3OW ALL ➢ali' BY -I L a t Lh €i n i hem ct 'th..e uterus, =gm.; Fend (t$a u;ats of F:atadg., a b vv s of th, ��; .:� e €4�c 253.12 5stut.. i u, grad 4..ecsrd ug to as -cra c �r. ''.`-� `� ar�rIi;�d fcr _._. .ctACcie.Z, ,or F..ndice. ocet.idgmticn of'the r-.. �v �� _ � a... _T[5:_ .�_ `» ▪ _az...«�b k4d.8"�'.—_.._" /considerations able . . . Da¢,a c3nsd, aoId aid eoQasJs&to th r-Aa vc .S7;.Fto da receipt of wGich ie hertbF ot,-oartedticd, • rre.,-.3��i, bs; its aatca d acirta, forarar, tSxe fo }owing described Jr"., to-rtit _. All that submerged and partially. ru6stsrged land in Sections 21 and 22, 23, 26, 27 and 35, .Tonship^* S oath, Range 41 Setae t, described as foUovs: Boetnded on the Northwest bf,--the Spited States Pier - head and Ba3.khaadf Luse as eAtai.blished along bhe westerly side tlf %i.:'sasy-ne.Pm 1_ Bounded on the Northeset b7(ther77Soextheasterly pro- duction of the Northeasterly right -of -wry line of iirk street; duos on o ou r osterif oundzry of that ▪ tract of land marked sJohn X. Hopkins Lot, Lake Placid Schoolr according to the Plat o1' tYao John X, Hopkins Lake Placid School Property, as recorded in Plat Book 6 at Page 152 of the Public Records of Dade County, Florida; Bounded on the Sovtheeas;t by 'that land. which is con- sistently more than 6 feet below the aean.law-steer surface of Bisaa7ne Bay. PROVIDED, HOWEVER, an'thlrg herein to the contrary notwithstanding, this deed is givers and granted upon the express condition subsequent that the Grantee herein or its successors and assigns shall sewer sell or convey or lease the above described land or any part there- of to any private person, firm or corporation for any private use or purpose, it being -the intention of this restriction that the said lands shall be used solely for -public purposes, including :nioipel purposes and,not;,•otherxise.. PROVIDED, FURfEEh, anything.berein to the contrary notwithstanding, this deed is given and granted upon the further express condition subsequent that the €lrante a _tlgrtiiztr or_ its suacesepre or assigns shall not itive-cr grant any licensee or permit to any private par- son, firm or corporation to construct or make by any ncctns, any islands, fills, aabsnVstents, structures, buildings or other ai ilar things within or aspen ,the above described lands or any part there - .of for any private use'or•purpoae, as distinguished from any public or municipal use or purpose It is covenanted azia it:l+4an'i that -the above conditions subsequent shall run with the Zimzi and any violation thereof shall render this dewed null and void and the above described lands ;ball, in such event, ree 'ert° to.thee Orantors'OT,AsheAr successors. TO HA YE L a`J TO BOLD kb, -e u onLi-o sd acd d cri d iazd slt.d premtaee, egad a1E tda ta:.de ao,! me ssY oe the TirO1 LSe;ela A.A. ET -,:A d am by 2; 3.17, Florida rich Star tns, I9d'a *seta the axed...... . oa T1V _(? k and Lnat forever. SA.vr'';s'A; D R2ER Vilti ceaseera, threarl ph one-htif, interar; in and title in aid tam ttndivide-d one -hail interoet in al} the pttroieum k at is or =ay he in or a dcr the etid above dawribed Ean�d., vr'lth the Fr:Tilly to mine and deTeiop the ago. 1 T iTItE58 tit' .REOF, The Trat▪ te▪ 44 of the LItermed Improrement F ad of the .State of Flonde he,e hereunto rahs,,ribsd they* ❑ame.a end m.n,aed their aeaLt r..cd hare canned the seal of the DEPAC$T MEST JF AGRICULTURE OF THE STATIi OF ILO ?IDA, to he hereunto armed tt the Capitol, is the City 21l,th, ❑t Tran:sea cf ram'$ 6 a fad al Tallahassee, ®a thin the ETastdrad sad _ Fort�n1 r , day of F6brutry D nineteen C.ae ptreLle:. State of Florida, County of Osd&. This instrument vas filed for record the_VZ__..day of. r1949 at Cr1- fro and duly recorded Inc .�4-G- 800kJ'/JO on Pager .fire, File No. Y �ZrS'C 6. ■- LaATHf AM Circuit C,wr1 (S$AL) (SEAL, HEAL) E AI 9C. CITY OF MIAMI SPECIAL EXCEPTION PERMIT NONSUBSTANTIAL MODIFICATION ZB Case No., 2000-0374 City Commission Resolution No. 01-601 To: Felix Lima for Grove Harbour 9758 SW 24th Street Miami, FL. 33165 From; Ana Gelabert, Director Planning and zoning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: Grove Harbour Marina and Caribbean Marketplace Address: 260012640 S. Bayshore Drive Final Decision: Li Approval Approval with conditions 0 Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for a nonsubstantial modification to a Special Exception Permit pursuant to Ordinance 11000, as amended, the Zoning Ordnance of the City of Miami, Florida. The Planning Department has made referrals to the following Departments and Boards. Zoning Division, Department of Planning and Zoning. a Department of Asset Management heir comments and recommendations have been duly considered and are reflected in this final decision. in reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: FINDINGS It is found that CC Resolution No, 01-601 approved the subject Special Exception. • it is found that, pursuant to the attached memorandum from Juan Gonzalez, Zoning Administrator, dated November 6, 2002, the proposed modifications are non -substantial, It is found that the proposed modifications consist of the amendments enumerated on the attached memorandum from Juan Gonzalez, Zoning Administrator, dated November 6. 2002, and the attached letter from Felix Lima dated October 24, 2002. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1605 of the Zoning Ordinance, the subject application is hereby approved subject to the following condition: 1. The project shall be built substantially in accordance with the plans on Pe with the Planning and Zoning Department, prepared by Berry Rincon Fernandez, dated 9/25/02. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 7th Floor, Miami, FL. 33130. Telephone number (305) 416-2030. Signatu e Diredtor Planning and Zoning Department Date /, CITY OF MIAMI FLORIDA Anna Geiaberei-Sanchez, Director P a ping and Zoning Department FROM / Jan C. Gonzalez oning Administrator fanning and Zoning D INTER -OFFICE MEMORANDUM SUBJ _ : REFERENCES ENCLOSURES: Nove er 6, 2002 Determination of Non -substantial change In an approved Special Exception Grove Harbour Marina Caribbean Marketplace Pursuant to a request from Felix Lima, for the Grove Harbour Marina and Caribbean Marketplace, concerning a determination of a non -substantial change from an approved Special Exception, please be advised of the following. A Special Exception passed for the Grove Harbour Marina and Caribbean Marketplace that is being proposed for the property located in Coconut Grove. The applicants are proposing a change to the Special Exception in the following manner. The request is to delete the approved new three story, 30,000 SF building by the waterfront and in its place add 95 additional dry slips to the previously approved 70 dry slips, for a total of 165 dry slips. The changes to the previously approved design plans are as follows: o Reducing parking spaces from 330 to 296 as follows: 7 spaces for handicap, 50 spaces to be 10' wide by 18 deep, 50 spaces to be 9' wide by 18' deep, and 189 spaces to be 8'-6" wide by 18' deep. o Modify approved parking to maintain existing entry on the N.W. corner of the property. o Modify approved service area (see site plan). o Modify approved Boardwalk to adhere to existing configuration of the sea wall. o Removed approximately 37,000SF of approved new building and plaza and replaced with dry storage for boats and smaller approximately 3,000SF entry plaza attached to the approved boardwalk. c� Increase number of approved exterior dry storage from 70 to 165. c� Remove approved storefronts on the pedestrian promenade side (pergola side) of the small hangar to reflect a projected single tenant. (see elevations). • Remove approved storefronts on the pedestrian promenade side (pergola side) of the large hangar to reflect a smaller number of projected retail bays. (see elevations). c Remove approved storefronts on the perimeter road side (Charthouse Road) of the large hangar to reflect a smaller number of projected retail bays (see elevations). Fita_ . Ana Gelabert-Sanchez November 6, 2002 Page 2 of 2 Section 2215.1 regulates whether changes to a Special Exception are non -substantial. The criteria referenced are: A) The requested change exceeds the zoning regulations; B) The footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction. C) The height of the building or any portion thereof is proposed to be increased by more than (5) feet or five (5) percent of the height of the building; whichever is greater, in a vertical direction; D) Any other change which, in the evaluation of the zoning administrator, has not been part of the prior application, has not been reviewed and evaluated by staff, and has a serious effect on the project proposed by the application. Therefore, after review of the proposed change, it is my opinion that the change does not constitute a substantial change as defined and regulated under Section 2215.1 of Zoning Ordinance 11000 as amended. JCG: tg Cc: Lourdes Slazyk, Assistant Director Planning and Zoning Department Zoning file October 24, 2002 CITY OF NaAml Ms. Aria G-elabert, Director Planning Department 444 S.W. 2'4 Avenue Miami, Florida 33233-9708 Re: Grove Harbour Marina and Caribbean Marketplace, LLC Change to Approved Development Plans Dear Ms, Gelabert: We like to effect a change to our previously approved plans to our Grove Harbour Marina and Caribbean Marketplace project, and hereby request a review by your department to determine whether this change would constitute a Substantial Change. -- We like to delete the approved new three story, 30,000 SF building by the waterfront and in its place add 95 additional dry slips to the previously approved 70 dry slips, for a total of 165 dry slips. The changes to the previously approved design plans are as follows.. - Reducing parking spaces from 330 to 296 as follo-ws: 7 spaces for handicap, 50 - spaces to be 10' wide by 18deep, 50 spaces to be 9' wide by 1'8' deep, and 189 spaces to be 8'-6" wide by 18' deep. Modify approved parking to maintain existing entry on the NW _ corner of the property. - Modify approved service area (see site plan). Modify approved Boardwalk to adhere to existing configuration of the sea wall. Removed approximately 37,0GGST of approved new building and plaza and replaced with dry storage for boats and smaller approximately 3,000SF entry plaza attached to the approved boardwalk. increase number of approved exterior dry storage from 70 to 165. 37SO SW Ve STREZT MiAM FLOP.IDA 33165 n4-7425. FAX (305) 554-7;97 CITY OF MIAMI Ms, Ana Gelabert October 24, 2002 Pane Two - Remove approved storefronts on the pedestrian promenade side (pergola side) of the small hangar to reflect a projected single tenant. (see elevations) - Remove approved storefronts on the pedestrian promenade side (pergola side) of the large hangar to reflect a smaller number of projected retail bays. (see elevations) Remove approved storefronts on the perimeter road side (Charthouse Road) of the large hangar to reflect a smaller number of projected retail bays. (see elevations) We are proposing the change in response to the increasing demand for boat storage in the Miami and Dade County areas. In addition to making better economic sense under the present conditions, creating more boat storage facilities rather than more retail space would benefit the boating community in our area. Enclosed please find the new proposed site plan which details the above listed changes. Please let us know, at your earliest convenience, the result of your review. Veiy txuyfrours, Grove Harbour Marina and Caribbean Marketplace, LLC Felix Lirna, Principal Filj Cc: Laura Billberry, Assets Tvianagem. en.t Fax: 305-416-2 156 Cc: Southern Cross Marina, LC RESOLUTION NO �, - J n THEM i MI C i T M' T A R� O�J� i w:7 OF r ��.. CO. �; Se , WITH AT m CH ENT , 5,AFFIRMING T;.FE a.� ECOM:�r END` j - �� O F TH.�, ZONING T A R., TH . .� BY c�T:. i:�,..��:�.�. 5°L1 O<x >, e.. �+�., i1. T�s O � s�a;�;� .;.. GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, P�T?4;,4, SECTION rt01: SCHEDULE OF DISTR..— REGULATIONS,MARINA,rTi TO ALLOW A MAR NA, RE wAI i SPECIALTY SHOPS, EXHIBITION SPACE, AND RESTAURANTS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600-26-40 SOUTH BAYSHORE DRIVE, MIAMI-, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, PURSUANT TO PLANS TO BE REVIEWED AND APPROVED BY THE DEPARTMENT OF PLANNING AND ZONING INCORPORATING SPECIFIED SITE PLAN CHANGES, AND SUBJECT TO CERTAIN RESTRICTIONS AND REQUIREMENTS, INCLUDING A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, he Miami Zoning Board at its meeting o0 December 04, 2000, Item No. 4, adopted Resolution No. ZE 2000-0387 by a vote of eight to zero 8-0) , granting a Special Exception reauiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended., the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set. forth; and CITY coyasnssios mErTmc Rega:vkQm 1 601 u tt S matter, meet the amended, _tip Commission, careful consideration appl cation for Srecia l .`xee p es cable requirements of Zoning Ordinance No, 11000, ms it advisable F1 a? welfare of 1r in ere of Miami and it inhabitants ,• affirm the recornmendati on of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section to The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fi € lv set forth in this Sec - Section 2. The recommendation of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, District Regulations, to allow a marina, retail specialty shoos, and exhibition space, and rerestaurants :or the properties located at approximately 2600-2640 South Bay ore Drive, Miami , Florida, as legally described in "Exhibit A," attached and incorporated, affirmed, and the Special Exception: Page of 0 - 601 g ra' ec ant t, plans Depa tr;ent of P! annl changes set fo and Zoning reviewed and ap prove b' "poratifg the subject re t_..... ct ion s and reoui ements , including twelve (12) months in wh±ch a b ° P M '?-PNGES e the following ne ,? lffli atlon of perm t must be obtained. 1. The total bomber of provided parking spaces ms reduced from 344 to 33ojparking spaces; 2. A five foot CBS wall is to be placed on the Easterly property line in lieu of a three foot green area. 3. The most Westerly parking row is e? iminated and replaced with landscaping; 4. Southeasterly parking is to be reduced to comply with the fifty foot Charter setback; 5. Total square footage is amended from 109,877 to 114,877tto accurately reflect total square footage of buildings; and 6 Landscaping islands are increased to five feet of green area to comply with the requirements of the Guides and Standards; 7. Notwithstanding the foregoing, lessee may apply for code permitted waivers of Guides and Standards rursuan t. to a Class II :penal Permit, as necessary. RESTRICTIONS -- REQUIREMENTS ? New building shall be limited to a height not to exceed forty feet; 2. New building restaurant to overate on ground or first level only; Page 3 o New by i..din"j veranda which foodservice restaurant; thez; outdoor area in ed from the 4. There will be no banquet;cate irc Each dyke racks wil be placed on site; 6 . Lessee will not lease parking lot dui Ong oconut Grove Art Festival; 7m Outdoor seating with tables (for general public use) shall be allowed only within the area located in a northeasterly direction from the veranda of the new building toward the waterfront for a distance of approximately forty-five to fifty linear feet along the frontage of the water to the new building; 8. No gambling boats to be operated from the site or shuttle boats to offshore gambling boats; and 9. Except for December 31s`, July 4th, the days comprising the Coconut Grove Art Festival and the Taste of the Grove, and six other days per year selected by Grove Harbor Marina for special promotions, no live music shall, be played outside on the property, including the marina; and, at all time any music produced or reproduced by any method, including but not limited to, live, electronic and mechanical means, produced or reproduced inside of any building, structure or anywhere else on the property, except as soft, background music which can only be reasonably heard by those people using the bay walk and veranda. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. PaGe cc 5 ATTEST: I4 th day of 171 -,�-4:.riC with Mi Ccd '-):.".' Fi'Eor by Sir?l; - is fn th .i. ifective with t "; WALTER J. FOEMAN CITY CLERK e 2001 OLLO, r �, -35 s nc ',lid Mayor did no m i le tc t:, nr4 C �lr 7"o8!s L3iuo - proJdec,.r ... ! `te , � i ) c 2 from th-z. btu c C apt i iiveto. APPROVED AS'TO FO ANi3'CORRECTNESSeV ACE CIT = TCRNEY 0 V R W4988,::i'MT: nr: BSS tn, City CiOt. PARCEL A UPLAND: A POR11ON Of THE SOUTHWEST ONE.GUARTER IS W %) OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOELOWS: C PACING AT THE INTERSECTION OF THE CITY NT LINES Of 'SW 27?" AVENUEWITH "SOUTH BAT SHORE DRINTE" AS SHOWN ON THAT CERTAIN PLAT OF "DINNER KEY, AS RECORDED IN 'FIAT DO(* 34 AT PAGE 2 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. tHENCE, ALONG THE CITY MONUMENT LINE OF SAID %SOuTH MY SHORE DRIVE NORTH 31'30'03' FAST 1; '31 35 FEET TO A POINT TIEING 2.27 FEET S OLI TiewE ST E FILY FROM THE INTERSECTION OE 33tE CITY MONUMENT LINES Of 'DARWIN STREET' WITH SAID SOUTH BAYSHORE DRIVE% 3F4ENCE CONINUING ALONG THE CITY MONUMENT I I/4t Of SAID 'SOUTH BAYSHORE NO11111 5157'03' FAST 33 42 FEET; /FENCE, SOUTH 76'25`5r EAST 98 12 FEET TO THE POINT Of REGNNING OF HIE HEREIN AFTER DES-CFriffET3 PARCEL: THENCE, CONTINUING ALONG THE LAST DEARING: SOUTH r6-n51 EAST 542.16 FEET TO THE LINE OF • of ',RAMAT tON BETWEEN UPLAND AND SUBMERGED TAW OF -FIISC,AYNE DAY-, THENCE, ALONG SAID DE mARCATION LINE: SOUTH 18•211:r3 EAST 552 25 FEET' TO THE NORTHERLY WAD -Of -WAY LINE Of 'CHART HOUSE ROAD' AS Sf KANN ON THE SKETCH OE SURVEY, DATED .1.44‘,JARY t4, 39415, REFERRED MEW). MSC 81.139 REV AND PREPAREDI1Y -SCHWEBI4E. & SHiSKIN AND ASSOCtATES THENCE. ALONG SAID FtfAI LINE, FOR THE FOLLOWING EIGHT () COURSES: 1 NORTH 7544704* WEST 740.75 FEET 2 I HENCE., NORili 30F4305" WEST 70.15 WEST .9. tx-liCcr'IAPV.. gl ix) FEET PROPERTY LEGAL DESCRIPTIONS TO A LINE PARALLEL WITH AND 22.22 FEET SOUTHEASTERLY OF TIIE SOUTHEASTERLY RIGHT.OF-WAY LINE OF SA10 'SOUTH BAYSHORE THENCE, ALONG SAD PARALLEL LINE: NORTH W30'03' EAST 245.49 FEET; THENCE. SOUTH 76'0T32 EAST 5.25 FEET; THENCE, NORTH 13'1203" EAST 17,90 FEET; THENCE, NORTH 51'52.03* EAST 8,30 FEET: TO THE POINT Of BEGINN(NG. CONTAINING 302161 SQUARE FEET, MORE OR LESS OR 6.2627 ACRES, MORE OR LESS. PARCEL A SUBMERGED LAND: A PORTION OF THE SOUTHWEST ONE•QUARTER (S.W %) OF SECTION 22. TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE. COUNTY, FLORIDA, 8E1110 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE IKTERESECTION OF THE CITY MONUMENT LINES OF "SW 27" AVENUE" AND "SOUTH BAYSHORE DRIVE" AS SHOWN ON THAT CERTAIN PLAT OF "CONNER KEY.' AS RECORDED IN PLAT BOOK 34, AT PAGE 2 OF THE Mar RECORDS OF DADE COUNTY, FLORIDA. THENCE, ALONG THE CIT! MONUMENT LINE OF SAID 'SOUTH BAYSHORE DRIVE": NORTH 30.00173- EAST 1131,38 FEET TO A POINT BEING 2.27 FEET SOUTIMESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LINES OF 'DARWIN STREET AND SAID *SOUTH BAYSHORE ORM' THENCE, CONTINUING ALONG THE CITY MONUMENT LINE OF SAID *SOUTH BAYSHORE DRIVE": NORTH 51.5703' EAST 33.42 FEET: THENCE. SOUTH 7825'5r EAST t40.28 FEET TO THE LINE OF DEMARCATION BETWEEN UPLAND AND SUBMERGED LANG OF 'BISCAYNE RAY. ANO THE POINT OF BEGINNING OF THE rrr cCRIFIED PARCEL; LINE BETW'EEN UPLATIO AND SUBMERGED I ANT) 01' 'BISCAYNE BAY', THENCE, ALONG SAID DEMARCAT ION L 1HE HOP 182303' WEST 580 44 FEET 1(311{1 POINT OF BEGINNING CONTAINING 189.070 SQUARE FEET, 14011E 00 5 OR 4,32 ACRES, MORE OR LESS. LiIiIiI-— A— A PORTION OF THE SOUTWES1 ONE ,OLIARYE11S W Ye) Of SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA., TIEING MORE PARTICULARLY DESCRIBED AS rottows, COMMENCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF 'SW 27"" AVENUE AT40 "SOUTH ETAYSHOFTE. DIME* AS SHCANN oN 333A T CERTAIN PEAT OF "DINNER KEY,' AS nFCORCE 0 9. PLAT BOOK 34, AT PAGE 2 OF THE IC RECORDS OF DADE COUNTY, FLORIDA THENCE, ALONG THE CITY MONUMENT TINE OF SAIO 'SOUTH BAYSHORE MINE" NORTii 3610'01' EAT; 113E38 FEET TO A POINT BEING 2 2 FEET SOUTHWESTERLY mom THE INTERSECTION 0 T1t"E CITY MONUMENT TINES OF "DAFIvv1TI SIPE F AND SAID "SOUTH PAY SHORE THENCE, CONTINUING ALONG THE CITY MONTTNT LINE Of SAID "SOUTH PAYSLIOrLE DRIVE° HOP TH 51'52'03-EAST 31E47 FEET; • THENCE, SOUTH 78°25°57° EAST 640 28 FEET To THE LINE OF DEMAIIcA19034 T3E- TWEE TA Urt,4,10 AO Slif3MERGEO LAND or 131scAYNE BAY' THENCE, CONTINUING ALONG Ttir LAS T Or SCRIBED LINE; SOUTH 78'25'51 EAST 474 00 FEEL THENCE, SOUTH 40'5119' EAST 968 44 FEET, ° THENCE, SOUTH 13°14°03" WEST f19 00 FEE T, T()3HE POINT OF BEGINNING OF THE flEr)FINF1ER DESCRIBED PARCEL THENCE, SOUTH 78'75°57 EAST 351 BO FEE 1, THENCE., SOUTH 13340" WEST 28300 rt: 1, ait4 rva er-r: