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Home My WebLink AboutMemo -Scrivener's ErrorCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, i Attorney DATE: April 2, 2015 RE: Scrivener's Error — Reference to attached "Exhibit A" omitted in Resolution, adopted February 26, 2015 File ID No.: 14-01189x At the time of the adoption of Resolution No. 15-0086 by the City Cornnission, on February 26, 2015, a scrivener's error existed in the form of the inadvertent omission of any reference to "Exhibit A," that was in fact properly attached to the legislation. The Resolution has since been remedied by the addition of the words "with attachment(s)" in the title, as well as the appropriate reference to the attached "Exhibit A" in the body of the Resolution. All updates have been made into the Legistar system. C)ra err, 01 1'''1 e _ _ �5 �rcD� City of Miami Legislation Resolution: R-15-0086 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01189x Final Action Date:2/26/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL FILED BY DESIGN DISTRICT STUDIOS II, LLC, APPROVING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, AND APPROVING AN EXCEPTION TO ALLOW A LEGAL, NON -CONFORMING PARKING AREA TO BE RE-ESTABLISHED AND TO BE INCIDENTAL AND SUBORDINATE TO THE PROPOSED PRINCIPAL USE FOR THE PROPERTY LOCATED AT APPROXIMATELY 162 NORTHEAST 50 TERRACE, MIAMI, FLORIDA. WHEREAS, BVM Development, LLC ("Applicant") filed an application for an exception ("Application") to allow a reconfiguration of an existing asphalt parking area that is subordinate to the principal use of the property as a commercial storage garage, for the property located at approximately 162 Northeast 50 Terrace, Miami, Florida, as depicted in Exhibit "A", attached and incorporated; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), after a public hearing, approved the Application, with conditions, on December 17, 2014, by a vote of nine to zero (9-0); and WHEREAS, the Design District Studions II, LLC ("Appellant") filed an appeal pursuant to Section 7.1.2.6(d) of the City of Miami Zoning Code, ("Miami 21"), on January 2, 2015; and WHEREAS, based on the testimony and evidence presented, and after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to support approval of the Application; and WHEREAS, the City Commission has considered the manner in which the proposed use will operate given its specific location and proximity to the adjacent uses; and WHEREAS, the City Commission has considered the requirements of Miami 21 and Article 4, Table 12, Design Review Criteria; and WHEREAS, the City Commission, after careful consideration of this matter, finds that the stated grounds for the appeal and the facts presented in support thereof justify affirming the decision of the PZAB; and WHEREAS, for the reasons stated on the record at the public hearing, the City Commission finds that the exception to allow a reconfiguration of an existing asphalt parking area that is subordinate to the principal use of the property as a commercial storage garage is compatible with the adjacent uses, and does comply with the criteria for an exception set forth in Miami 21, Section 3.6.1(e), Section 7.1.2.6, and Article 4, Table 12, Design Review Criteria; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File Id: 14-01189x (Version: 5) Printed On: 4/2/2015 File Number: 14-01189x Enactment Number: R-15-0086 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Commission approves the Application, affirms the decision of the PZAB as set forth in Resolution PZAB-R-14-078, which approved the Application, and denies the appeal giving rise to this hearing. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1°}> APPROVEQ,ASTO RM AND CORRECTNESS: tVICTORIA-MJENDEZ CITY ATTORNEY ° / Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. City of Miami Page 2 of 2 File Id: 14-01189x (Version: 5) Printed On: 4/2/2015 EXHIBIT A FILE ID 14-01189X 0 CC9E D 10 20 C tt 14.0 IP.EET CON FOUND 1/2. IRON PIN (NO STAMPING) FICUS TREE ERIFI( SL= 10.0 FELT CANOPY= 70 FEET HEIGHT= BO FEET moo IRON PIN--F (NO STAMPING) -SKETCH Or' SPURITEar OVERHEAD UIIUTY-1.. N PIN IN G) FOUND PK NAIL iV8$'2738"E 185.02. 2' HIGH EDS WALL 2' HIGH CBS WAUL -N8951.41"E 1489.51'41"E 6' CLF OVERHEAD UTIUTY FOUND IRON PIN FOUND IRON PIN (NO STAMPING) , 9 r i C_ Ls7799 PROFESSIONAL LAND SURVEYORS AND MAPPERS 12211 SW 129th CT. MIAMI FL 33186 tet 305-378-1662 fax 305-37&1662 www.3tci.com LEGEND & ABBREVIATIONS: D CLEAR. .DF RAIL csmx N00100 sax 0 atlas BR x DOE 11110NI 000101 COMM. VA. o WELL erww o®RO iair LADL .Ao MRS PAP. MD N.OIaPc 5100 o V.A. IM13w¢DAM. v 0000 011605 SPOT SERER VkINC ra WO? VATS tiEret IO¢ POLE Po. .03 POLE UM IroutOPORIEER • ws D. MANIC SIMAL am ••• ▪ MOM 030. Pero. TRASN CAN rMAO POLE POLE De mmONE SEER voc v RI1a n Rom M. tiON E. DOME SURVEYOR'S NOTES I -DATE OF COMPLEI10Pt 404,xuu II -LEGAL DESCRIPTION AND PROPERTY ADDRESS: Legd Des05,Uo¢ A/C AIR CeantIMMIC P.P 0. DF CH. ONCINIEUS( EERCE 5N,CA.1< Os 6 mr 10500 • Do LISTANCE CENIER 00. COMMIE A CCU, n.c 0.1040.0 ALM FAR onms,00 R KEE 1.91 MOOR ME.. ROPTE DE• 0.1 BOOK (NPAiF.aRNm 1.WrWP .mwP.Nr (RTPENt31E¢(0 R 00. 600- B/N aar-0E-war SEC SEC. ws O un FAsaLNr 1044, In Block 7, of CORRELTEO PIATOFALTA VISTA, according to the plat thereof_ recorded in Plat Book 6, at Page 4, of the Public Records of MiaD6-0ade County, Florida PROPERTY ADDRESS: 1RNE50 TERR MIAMI BID. FOLIO lS 0131214124X18U cE TIFIEDTO: MEGAN ANNLC III -ACCURACY: ALTHOUGH THEISWm731 PteuCPROpsoy, THE 9RoeywaS PREDICATED WINE EXPECTED USE OF LAND. AS CIAan, 612 R( THEi@yMUMTECHNICAL STANDARDS FWtUND 5500mIGIN THE STATE OF FLORIDA, 0100JANTTO RULESEITOFLORIDA FTHE FLORAOLOASIFATN6 E CODE 9UBURELN'TE MINIMUM RELATIVE DISTANCEACUIPACYFON THISTYPEOFSLmVET 1ST FOOT INTjOU FEET_iNE AO -Ma, OBTANEO HY 1.I0ASUREME NTAND CALCULATION OF CLOSED GEOI.¢TRIC FIGURES WAS FOUNOTD EJt®THIS REWIREGEH[ N—SOURCES OF DATA: THIS SURVEY IS BASED UPON RECORDED INFORMATION AS PROVDEO BY CLIENT. NO SPECIFIC SEARCH OF THEYUBUC RECORD HAS BEEN MARE BYSTCL NORTH ARROW DIRECTION 6 BASED ON ANASSUAED MERIDIAN. BEARINGS AS SHOWN HEREON ARE BASED UPON THE CENTER IJNE OF NE. 5001 TERRACE, WITH AN ASSUMED BEARING OF N6B2T78•E, SAID LINETO BE CONSIDERED A WELL LIONLINELIED LINE. TIES SURVEY HAS BEEN PREPARED FOR ME EXCLUSIVE USE OPINE Bf1R1E5 NAMED HEREON ONLY AND THE C0011F1 ATIONS HEREONDONOT EXTEND TO ANY UNNAMED PARTIES. THIS PROPERTYAPPEARSTO DELCOATM INFL003ZONE)LASFED I-OI0 MANAGEMENT AGENCY (FENN COIM9oIY-PANE, CET OF MLA. ON15o,LNP-PANrL0]BBa C 0304_ SLPFM L EFFECTIVE DATE SEPTEMBER 11.2009 AND A FION IMJIX RITE OF SEPiaam rt. aws. SOIECA GRAF.°ATroN NAVEMEEN00. ¢nTOIAORE RLr nafoHTRATSA INOTROIARAREA WHERE vu.0 SHALL 1-WEEPREFER(3NCEOVFR %WINE LOCATION BOUNDARY SURVEY OF 162 N.E. 50 TERR. MIAM! FL 331 37 NE 50114 NE 51ST ST ION LOCATION MAP NOT TO SCALE V-VERTICAL CONTROL- ELEVATIONS ARE BASED IPONTHE NATIONAL GEODET/CVERTICJJ. DATUM t929 AS PER IONANOADECOLOITY PURL:C NON. DEPARTMENT BENCHMARK Na C0A9 SAD BERCHMARK HAS AN ELEVATION OF 15.13 FEET UNDERGROUND IMPROVEMENTS HAVENOF SEW LOCATED ECCEPT AS SPECIFICALLY SHINY .SUHSURFACESOILCWc(RONS WERE NOT DETFNPIFD. ARDISFALLSOIfTSmE THE PIMVIEYN OFTNSSURVEY. tHtSk CONDITIONS MAYNICLDE THE DETERMINATION OF WEFUNDS.HUFPNAREAS GEouni ,G sCWNIHONS 0RPOSSIBLECONrAWNAl1MBY W.:IM D..Wm OR SOLD WA:lETATMAY000JRINTIN ACROSS.AOUTTING ORADIACENCTO THE SURJECrPROPERLY. VI -SURVEYORS CERTIFICATE: I HERESY CHiAFY:THATTHISMOU 070rSUR0EYARDINESURVET MAP RFSULTNG THEREFROM WAS PEFFORNED UNDER MY D RE TIONAND ISTRUEAND CORRECTTOTHE BEST OF MY IONOV4EDGEANUDEFF ANDE MMMER. THAT SAID 'BOUNDARY SURVEYM EI5 THE INDENT OF TIE APPLICABLEPRDVLSIONSOF E•1440414.1 TECNNKoe SGIDAROGEOT LAND SURVEYING INT IE STATE OF RORIONL PURANNTTO RILES 47OFTIEFLOPIDA ATNT016S. TIVECOOEANONM SIMPLEBNTING UER W, CHAPTER 4720210FTHE FLORIDA STA 3T I, Inc. A • I.', I • CORPORATION FLORIDA r1 jj I ATE OF AN1FHORQATION NUMBER LB7799 L. BY- ROIANDO RESISTERS) SIIRVEYORAND MAPPER LS4312 STATE OF RDF®A m4Ace NOT-1.01 7HOUTTMESMNUATILEAID ORR.a...IINExrs.PwR,nA LICENSED StmETORANDANiH1.A0011045 OLOEIEIYMSTOSfatvtY0.5 Br ORH1THANTHESGAR.D DRAFTER I FF_S R. O� � 2013-2 I �14-602 i 1"=20'' 1 OF 1