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HomeMy WebLinkAboutSubmittal-William Riley-Appeal DocumentsSubmitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Appeal Documents M?°- \)tiS\\q\ (4'*1\ Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 1 Sylvia Abraham 30 NW 42 Street Miami, Florida 33127 (305) 338-1023 Lester2100@hotmail.com To: City of Miami Hearing Boards Department 444 SW 2 Avenue, 3`d floor, Miami, FL 33130 (305) 416-2030 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk APPEAL LETTER OF EXCEPTION FOR PRE-SCHOOL AT 4136 NORTH MIAMI AVENUE and 20 NW 42 Street, PZAB-R-19-022 Friday, June 28, 2019 Dear Hearing Boards Department, As per Miami 21 Section 7.1.2.6 d, this is a Written Notice of Appeal of the Exception passed by the Planning, Zoning and Appeals Board for the properties located at 4136 North Miami Avenue and 20 NW 42 Street. That Exception was Item No. 1 on the PZAB agenda of .tune 5. 2019. The reasons and grounds for the appeal are as follows: As per Miami 21 Section 7.1.2.6 c 2, the application fails to comply with all applicable regulations, as shown by two separate Staff Analyses and other evidence which will be presented at the De Novo appeal hearing. This appeal is requested by the undersigned aggrieved parties, all of whom would be adversely impacted by this Exception, both directly and by the negative precedent it would set: Sylvia Abraham, Abutting residence 30 NW 42 Street Allen Mcphee, Power of Attorney ti'tligivirL .. , 76 NW 39 Street 80 NW 41 Street ff. rat, ale eiirrer 118 NW 42 Street yat Bueiia Vista Heights Neighborhood Association Buena Vista East Historic Neighborhood Association Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk General Power of Attorney (with Durable Provision) NOTICE: THIS 1S AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. YOU MAY SPECIFY THAT THESE POWERS WILL EXIST EVEN AFTER YOU BECOME DISABLED, INCAPACITATED OR INCOMPETENT. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO S0. TO Alt PERSONS, be it known that I, 4-2 of 32 ,'t/r.✓ S' • ✓L�lrf� . G 3. (2 0 the un ersigned Grantor (hereinafter Principal), do hereby make and grant a general poyver of attorney to �L� G��F_ , of I ?OS6 Gil/ £ / l�C7-79.,/ Fz- 313Zi and do thereupon constitute and appoint said individual as my Attorney-in-Fact/Agent. If my Agent is unable to serve for any reason, I designate of i✓/j1 , as my successor Agent. '1/%01 My Attorney-in-Fact/Agent shall act in my name, place and stead in any way that I myself could do, if I were personally present, with respect to the following matters, to the extent that I am permitted by law to act through an agent: (NOTICE: The Principal must write his or her initials in the corresponding blank space of each box below with respect to each of the subdivisions (A) through (N) below for which the Principal wants to give the agent authority. If the blank space within a box for any particular subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that subdivision. Cross out each power withheld.) vrwvrw.sorfa(ef.COm (A) Real estate transactions (B) Tangible personal property transactions (C) Bond, share and commodity transactions (D) Banking transactions (E) Business operating transactions (F) Insurance transactions (G) Gifts to charities and individuals other than Attorney-in-Fact/Agent (If trust distributions are i.nvolved_Qjax consequences are anticipated, consult an attwrraey,)'.. ; ,.# , ,i) (H) Claims and litigation_ "fit tl ' ``c' it y,�Ll't YJ�r 0 "fie° (I) Personal relationships Rd.af# rs d,, / a tieo (J) Benefits from n1iJj allosQryt$fV,1v Y3t 401i AO 7 Page 1 01 3 O 700S Socrates Medi. at 1rt05-1 . Rev.03t0S Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk [5 ) (K) Records, reports and statements [`r) J (L) Full and unqualified authority to my Attorney-in-Fact/Agent to delegate any or all of the foregoing powers to any person or persons whom my Attorney-in-Fact/Agent shall select [(j/ 1 (M) Access to safe deposit box(es) [514 j (N) All other matters Durable Provision: f j (0) If the blank space in the block to the left is initialed by the Principal, this power of attorney shall not be affected by the subsequent disability or incompetence of the Principal. I Other Terms: % CL� to O r t ta)/ 'J //fit I ,/L1 C pk► t yvIAL 11) �s t. 14?Yt412/ vti ,- F? * rese.olye„ Wi/ 1,ef7U My Attorney-in-Fact/Agent hereby accepts this appointment subject to its terms and agrees to act and perform in said fiduciary capacity consistent with my best interests as he or she in his or her best discretion deems advisable, and I affirm and ratify all acts so undertaken. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVINGA DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. Signed under seal this day of OK . 20Q5. Signed in the presence of: Witness Witness �M�l /ors /4,/ SVG Ega R 4 H-1 Mm Grantor (Principal) Attorney-in-Fact/Ag4nt s OFFICIAL NOTARY SEAL rv®" TERMIDIEU ANDRE ill COMMISSION NUMBER CC59994! NY COMMISSION EXPIRES A•AH AA AAA• *AAA Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 2 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk l•► J�1�..v.....1 D Ar "ingatieb 37 NW 42 Street Miami, Florida 33127 (305) 332-5276 To: City of Miami Hearing Boards Department 444 SW 2 Avenue, 3"' floor, Miami, FL 33130 (305) 416-2030 APPEAL LETTER OF EXCEPTION FOR PRE-SCI-HOOI_. AT 4136 NORTI-I MIAMI AVENUE and 20 NW 42 Street, PZAB-R-19-022 Friday, June 28,2019 Dear Hearing Boards Department.. As per Miami 21 Section 7.1 .2.6 d, this is a Written Notice of Appeal of the Exception passed by the Planning, Zoning and Appeals Board for the properties located at 4136 North Miami Avenue and 20 NW 42 Street. That Exception was Item No. 1 on the PZAB agenda of June 5. 2019. The reasons and grounds for the appeal are as follows: As per Miami 21 Section 7.1.2.6 c 2, the application fails to comply with all applicable regulations, as shown by two separate Staff Analyses and other evidence which will be presented at the De Novo appeal hearing. This appeal is requested by the undersigned aggrieved parties, all of whom would be adversely impacted by this Exception, both directly and by the negative precedent it would set: 37 NW 42 Street abutting resident at 37 NW 42 Street 76 NW 39 Street 80 NW 41 Street �W. 1 18 NW 42 Street Buena Vista Heights Neighborhood Association Buena Vista East Historic Neighborhood Association Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 3 Welcome to our new website! Pardon our dust while we build our new, user-friendly website. If you can't find what you're looking for, the search bar or visit our old site. archive.miamigov.com (http://archive.miamigov.com/home) Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk City of Miami Home (https://www.miamigov.com/Home) / Building & Permitting (https://www.miamigov.com/Services/Building-Permitting) / Appeals & Hearings (https://www.miamigov.com/Services/Building-Permitting/Appeals-Hearings) / Appeal an Exception or a Variance Appeal an Exception or a Variance Do you want to appeal the decision of the PZAB regarding a particular Waiver or a Variance to the City Commission? Online Online Is the Appeal Period Open? Contact Us Phone 305.416.2030 (tel:3054162030) Location Miami Riverside Center 444 SW 2 Ave, 3rd Floor Miami 33130 View Map (https://maps.google.com? q=444 SW 2 Ave, 3rd Floor % 20Miami%20331301 Related Information Once the Planning, Zoning and Appeals Board's ("PZAB") decision is rendered, an appeal to the City Commission can be filed with the Hearing Boards Division in -person within 15 calendar days of the date of rendition. NOTE: lithe 15th calendar day appeal period has closed, an appeal of the PZAB's decision cannot be filed. If the 15th day falls on a weekend or on a City holiday, the last day to appeal will then be extended to the following business day. NOTE: Decisions by the PZAB related to a waiver cannot be appealed to the City Commission unless it is related to an Affordable Housing Trust matter (Article 7, Diagram 14, page 5 of Miami 21). Gather Documents To appeal a PZAB decision related to an Exception or to a Variance, you will need: • Appeal Letter - Your appeal letter addressed to Hearing Boards must indicate the PZAB Resolution number. • Proof of Lobbyist Registration- If you are a lobbyist, please provide a copy Apply for an Exception Permit (https://www.miamigov.c om/Services/Building- Permitting/Get-a- Permit/Apply-for-an- Exception-Permit) Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk of your lobbyist registration. If you do not have a copy, or have not yet registered, please contact the Office of the City Clerk at 305.250.5360. • Corporate Resolution from Board of Directors (if you are representing an organization) • Certified list of adjacent property owners within 500 feet in one of the following two ways. Whichever method you choose, you will be able to obtain the information in either format and for no cost through the City's GIS property search tool here (http://www.miamidade.gov/prop ertysearch/#/). 1- Provide a list of the names and addresses of the property owners and the address(es) within 500 feet of the property indicated on Exception or Variance. Please format the information as indicated here (PDF, 147KB) (/files/assets/public/document- resou rces/pdf-docs/hb- instructions-on-prep-prop- owners-in-excel.pdf), and burn the Excel file onto a CD. OR Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 2- Provide a list of the names and addresses of the property owners and the address(es) within 500 feet of the property indicated on the Exception or Variance in printed format. Please provide two (2) sets of printed mailing labels. • Signed, certification (PDF,233KB) (/files/assets/public/document- reso u rces/pd f-d ocs/h b- certification-of-prop-owners.pdf) by the person who prepared the list of adjacent property owners within 500 feet • Other pertinent documents- Provide any other pertinent document that you would like to make a part of your appeal, such as Disclosure to Support or Withhold Objection (PDF, 139KB) (/files/assets/public/document- resources/pdf-docs/hb-disclosure- of-agreement-to-support-or- withhold-objection.pdf) , Power of Attorney, etc. Review Fees If you are filing an appeal, you will need to pay: Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk • An appeal fee equivalent to the Exception orVariance,application fee. • $4.50 per certified notice that needs to be mailed out. • $1,500.00 for advertising. If you are filing as an abutting property owner or as the original applicant, you will only need to pay: • $4.50 per certified notice that needs to be mailed out. File your Appeal Appeals must be filed in person with the Hearing Boards Division located at: 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 T/P. Appeals are accepted Monday - Friday between the hours of 8:OOAM and 5:OOPM. Appointments are appreciated but are not necessary. Please contact the Division of Hearing Boards at 305.416.2030 if you wish to make an appointment. NOTE: After filing your appeal, you will immediately be given an invoice. Pay Your Invoice Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Your invoice must be paid in full prior to the acceptance of your appeal. Invoices can be paid online here (https://secure35.ipayment.com/cbt webstart secu re/cbtwebsta rt.asmx/ ProcessToken? ClientID=miami prod&token=MPaSV 6PNDEieQOREJir3lz+F7ju9ScXl:ce4le 126-e077-a933-113c-39dd82c7a19c) utilizing the "Transaction ID" # from your invoice (select payments, dropdown menu "Financial Transaction D"). You can also pay at the Cashier's Office located at: 444 SW 2nd Avenue, 4th Floor Miami, Florida 33130 T/P. The Cashier's Office is open Monday - Friday between the hours of 8:OOAM and 4:30PM. IMPORTANT: It is best to pay your invoice while still on -site (after filing your appeal), so you may deliver the receipt back to the Division of Hearing Boards immediately. Your appeal will not be filed Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 4 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE: Property Owner's List Within 500 Feet of: Str,�eetAyddress(es) Y/.3"";, _A.-7 `.9M4/ 1.1d ; lvc i,4 Total number of labels without repetition: e-'S-`t22.___ /_,j,,,� I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely. `-Sidnature 'r Prin ed Name or Company Name i � l // '-t;/ .3 `2 Address Telephone E-mail /1 iti5✓' ft e -- j ( C eture- 2t71 /f Kcv 10-18 Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE Property Owner's List Within 500 Feet of: Street Address(es) 1i %i /M-f / ;2,,_0____ /V 0'7i1 LC,' ,. > , .Y2 -7 Total number of labels without repetition: , 4, __ ._._ 7l` /3,2-- I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely. `-Signature Printed Name or Company Name l i 5 G2 Address Telephone c' ?/ E-mail 420 Rev 1 o• 18 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 5 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk BUENA VISTA HEIGHTS NEIGHBORHOOD ASSOCIATION http://www.BVHNA.Com Email: info@BVHNA.Com RESOLUTION TO SPEAK FOR THE ASSOCIATION Dear Appeal Board This is the Resolution Neighborhood Association, to speak on behalf of the board. Buena Vista Heights Neighborhood Association of the Buena Vista Heights Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 6 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk .BUENA VISTA 1.1 1 s 'l t) R 1 (' Nli.1(:H8ORI1 )OI) ASS0(1 NT10N June 28. 2019 Subject: Resolution of Support for Buena Vista Stakeholders Appeal Please accept this letter from the Board of Buena Vista East Historic Neighborhood Association giving our full support to the appeal filed by Buena Vista Stakeholders. We feel that the Planning and Zoning Board ruled erroneously in granting an exception for a preschool at 4136 N. Miami Avenue and 20 NW 42nd Street. Respectfully, Robin Porter, President Buena Vista East Neighborhood Association Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 7 Crttg of ifitantt BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 617882 Transaction Date: Permit Number: Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk PZAB-R-19-022 (305)322-5276 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 15.0000 NGH X HRGS $67.50 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 132.0000 NGH X HRGSE $594.00 Tota I: $661.50 i v 0 O O O 0 O O O • Lin Z O Ln LC) Lf-) Lri in In %o .-- . v nrn - ',ID i▪ s i-f•fe' V+>-= r_o m v z z C-) d O 1--4In i r-- 2 f--• v co Lu - 1 _I = * 0 J CT * * a3 N = CZ * N • Z Z * • CT •--. .--. * +. 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Printable Search Result ** This is not a Receipt iPayment Reference Number: 2019182007-47 TRANSACTIONS ** Submitted into the public record for item(s) PZ.5 . on 10124/2019 , City Clerk EFFECTIVE DATE 7/1/2019 WORKGROUP Main Cashiering Area USER darrinda LM Payments 2019182007-47-1 TRANS ID: 617882 TRANS ID: 617882 ADDRESS 1: 444 ADDRESS 2: 5th floor CITY: Miami STATE: FL ZIP: 33175 : false BUSINESS NAME: COM Fee Payment TRANS ID: 617882 TRANS ID: 617882 ADDRESS 1: 444 ADDRESS 2: 5th floor CITY: Miami STATE: FL Zip: 33175 ASSESSED AMT: 67.5000 STATUS DATE: 2019-07-01T12:14:00 FEE STATUS: Unpaid Fee FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 FEE ID: 1904906 PAYMENT DUE: $67.50 • POS-Hearing Boards Other Service Charges PAY: true BUSINESS NAME: COM Fee Payment TRANS ID: 617882 TRANS ID: 617882 ADDRESS 1: 444 ADDRESS 2: 5th floor CITY: Miami STATE: FL ZIP: 33175 ASSESSED AMT: 594.0000 STATUS DATE: 2019-07-01T12:14:00 FEE STATUS: Unpaid Fee FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS FEE ID: 1904907 PAYMENT DUE: $594.00 : POS-Hearing Boards Other Service Charges PAY: true BUSINESS NAME: COM $661.50 DATE/TIME 07/01/2019 12:19:48 PM $67.50 $594.00 TOTAL AMOUNT: https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/print_version.htm?_DOU... 9/9/2019 Page 2 of 2 $661.50 PAYMENT Visa AUTH CODE: 003690 2019182007-47-1-0-TNDR r2 Please visit us at www.miamigov.com $661.50 DISPLAY IMAGE: Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/print_version.htm?_DOU... 9/9/2019 Page 1 of 3 Your Reference Number: 2019182007-47 07/01/2019 12:19:48 PM DUPLICATE RECEIPT 09/09/2019 12:18 "'" TRANSACTIONS ...The City of Miami... Submitted into the public Receipt record for item(s) PZ.5 . on 10/24/2014 , City Clerk LM Payments $661.50 2019182007-47-1 TRANS ID: 617882 BUSINESS NAME: COM Fee Payment $67.50 FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $594.00 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS TOTAL AMOUNT: $661.50 PAYMENT Visa Credit Sale $661.50 CARD NUMBER: ************5385 PAYMENT TYPE: credit AUTH CODE: 003690 u A i u i CE2019 82007 47 u https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm_printable.htm?_DOU... 9/9/2019 Page 2 of 3 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk ...The City of Miami... Credit Card Receipt(Merchant Copy) DATE/TIME: 09 / 09 / 2019 12:18 VISA SALE 5385 K AMOUNT: $661.50 AUTH CODE: 003690 REFERENCE NBR: 2019182007-47 Signature Please visit us at www.miamigov.com https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm printable.htm?_DOU... 9/9/2019 Page 3 of 3 Submitted into the public record for item(s) PZ.5 . * on 10/24/2019 , City Clerk ...The City of Miami... Credit Card Receipt(Customer Copy) DATE/TIME: 09 / 09 / 2019 12:18 VISA SALE 5385 K AMOUNT: $661.50 AUTH CODE: 003690 REFERENCE NBR: 2019182007-47 Please visit us at www.miamigov.com Please visit us at www.miamigov.com https://secure35.ipayment.com/Miami/my/1/0/0/a_search result/htm_printable.htm?_DOU... 9/9/2019 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk City of Miami . .The City of Miami... Reference Number: 2019203008-2 LM Payments 2019203008-2-1 Trans ID: 622338 Business Name: COM Fee Payment Fee Name: APPEAL - VARIANCE/EXCEPTION Amount: $3,000.00 Fee Payment Fee Name: PUBLIC HEARING - ADVERTISING Amount: $1,500.00 Fee Payment Fee Name: PUBLIC HEARING - MEETIN( MAIL NO TICE - APPLICANT/APPEALLANT Amount: $9.00 Total: 1 ITEM TOTAL: TOTAL: $4,509.00 $4,509.00 $4,509.00 *** DUPLICATE RECEIPT 8/29/2019 11:34:28 A M *** 1111111111 Total $4,509.00 I� 111111 IIIJIlhIlIl9 111 CE2019203008-2 Please visit us at www.miamigov.com 8/30/2019 S FARGO Deposited Check Image Print View 'Transaction Search wages Date/Time Printed: 08/30/2019, 6:58 AM PDT Check EE038 - 4509.00 USD r206038r 1:M6080372u: 901.0129S8722Sir Item Details `deposit Item Details Check Number Amount Account Number Deposit Details Account Number Account Name Customer Reference Amount Transaction Type Posting Date As of Date EE038 4509.00 USD Debit 90101295872251 2696204833948 CITY OF MIAMI 11304 4509.00 USD Credit COMMERCIAL DEPOSIT 07/24/2019 07/24/2019 Description Item Sequence Number Bank ID Item Sequence Number Bank ID BAI Code Submitted into the public record for item(s) PZ.5 . on 10124/2019 , City Clerk Check Deposited 5150173833 26608037 005150173832 121000248 301 https://wellssuite.wellsfargo.com/tsearch/imagePrint? 1/1 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 8 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk City of Miami PZAB Resolution Enactment Number: PZAB-R-19-022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5691 Final Action Date: 6/5/2019 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS AN EXCEPTION, PURSUANT TO ARTICLE 4, TABLE 3 AND ARTICLE 7, SECTION 7.1.2.6 OF MIAMI 21, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED TO ALLOW A PRE-SCHOOL EDUCATIONAL USE ON THE PROPERTIES GENERALLY LOCATED AT 4136 NORTH MIAMI AVENUE AND 20 NORTHWEST 42 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Perpetual Love 4128, LLC and Perpetual Love 4136, LLC (the "Applicant") owns the properties located at approximately 4136 North Miami Avenue (the "Eastern Property") and 20 Northwest 42 Street (the "Western Property"), as more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, the Applicant has applied for an Exception (PZ# 18-299) to allow a Pre - School Use (the "Pre -School") on the Eastern Property and the Western Property (collectively, the "Properties") pursuant to Article 4, Table 4 and Section 7.1.2.6 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, as amended (the "Miami 21 Code"); and WHEREAS, the Eastern Property has a zoning designation of "T4-L," General Urban Transect Zone - Limited and a Future Land Use Map ("FLUM") designation of Low Density Restricted Commercial; and WHEREAS, the Western Property has a zoning designation of "T3-L," Sub -Urban Transect Zone — Limited, and FLUM designation of Duplex Residential; and WHEREAS, a Pre -School Educational Use is permitted on the Properties in accordance with Article 4, Table 3 of the Miami 21 Code, as well as the Interpretation of the 2020 Future Land Use Map Element of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, to the west, the Properties abut a property that is designated "T3-L," Sub - Urban Transect Zone — Limited and Duplex Residential; and WHEREAS, to the north, the Properties abut property that is designated "T3-L," Sub - Urban Transect Zone — Limited and "T4-L," General Urban Transect Zone - Limited with FLUM designations of Duplex Residential and Low Density Restricted Commercial; and WHEREAS, to the south, the Properties abut property that is designated "T3-L," Sub - Urban Transect Zone — Limited and "T5-O," Urban Center Transect Zone -Open with FLUM designations of General Commercial and Duplex Residential; and City of Miami Page 1 of 5 File ID: 5691 (Revision: 8) Printed On: 6/17/2019 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk WHEREAS, to the east, the Properties abut property that is designated "T3-O," Sub - Urban Transect Zone - Open, "T4-L," General Urban Transect Zone — Limited, and "T5-O," Urban Center Transect Zone -Open with FLUM designations of Low Density Restricted Commercial and General Commercial; and WHEREAS, on January 21, 2015, the Office of Zoning issued a Waiver, Waiver No. 2014-0117, for the Eastern Property to allow an office building with a subterranean garage (the "Structure"), a ten -percent (10%) reduction in required parking, and a dominant setback of five (5) feet; and WHEREAS, on February 16, 2018, a Certificate of Occupancy, No. BD15005709CO, was issued for the Structure as a "Professional Office / Bank/ Financial Institution;" and WHEREAS, the Western Property is presently developed with a vacant one-story residential structure (the "Vacant Lot"); and WHEREAS, the requested Pre -School shall have no more than 120 students, approximately 7,038 square feet in classroom space, and a minimum of 17 parking spaces on - site; and WHEREAS, the Structure's garage would be reconfigured to allow up to 7 parking spaces for teachers and staff; and WHEREAS, a two-lane roundabout will be added to the interior garage to facilitate queuing for up to 12 vehicles on -site; and WHEREAS, student drop-off and pick-up shall occur in the subterranean garage; and WHEREAS, on March 19, 2019, the Miami -Dade County Traffic Engineering Division submitted to the City of Miami's ("City") Planning staff an approval with conditions for the Traffic Operations Plan ("TOP") of the Pre -School; and WHEREAS, on March 21, 2019, the City's Office of Zoning approved the plans for the Pre -School with the conditions listed in Section 2 of this Resolution; and WHEREAS, Chapter 33, Article XA, Section 33-151.11 of the Miami -Dade County Code of Ordinances states that no municipality shall adopt physical standards governing day nurseries, kindergartens or after school care that are in conflict with or in addition to the standards contained in that Article, whether more or less restrictive than the standards contained therein; and WHEREAS, Chapter 33, Article XA, Section 33-151.22 of the Miami -Dade County Code of Ordinances indicates that the City shall enforce Article XA, titled "Educational and Child Care Facilities, Nonpublic"; and WHEREAS, the documents submitted to the City's Planning staff show consistency, with conditions, with Chapter 33, Article XA of the Miami -Dade County Code; and City of Miami Page 2 of 5 File ID: 5691 (Revision: B) Printed On: 617/2019 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk WHEREAS, the plans and documents provided to the City's Planning staff showing the configuration of the Structure and Vacant Lot for a Pre -School Use are consistent with Article 4, Table 12, and Article 7, Section 7.1.2.6 of the Miami 21 Code, with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other regulations of the City; and WHEREAS, based on the testimony and evidence presented, 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 request to approve the Exception, with conditions, for the Pre -School at the property located at approximately 4136 North Miami Avenue and 20 Northwest 42 Street, as more particularly described in Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Exception requested pursuant to Article 7, Section 7.1.2.6 of Ordinance No. 13113, the Zoning Code of the City of Miami, as amended, is hereby approved subject to the following conditions: 1. The project shall substantially comply with the Applicant's Letter of Intent, titled "Amended and Consolidated Letter of Intent", dated May 8, 2019, consisting of 9 pages, and with the notarized signature of William W. Riley, Jr., Esq., except as modified herein, specifically as to the number of students and the shifts. 2. The project must substantially comply with the plans titled "Centner Academy", consisting of 10 sheets, digitally signed on May 8, 2019, by Christopher J. Luce, including the Conditions of Approval of this Exception request. 3. The site plan shall show a controlled access device (boom barrier) for vehicles at the entrance of the Western Property. 4. The following note shall be added to the site plan for the Western Property: "No access to the surface parking lot during drop-off and pick-up times". 5. The plans shall include an elevation and material details for a visual screening measure which shall be used for the parking lot on the Western Property. The screening shall be consistent with Article 4, Table 12. 6. The Applicant shall provide a revised Traffic Operations (TOP) Form indicating that parents may only use the subterranean garage during pickup and drop off. 7. The Applicant shall provide material details on plans of the additional security measures on the rooftop, which shall be consistent with Article 4, Table 12. City of Miami Page 3 of 5 File ID: 5691 (Revision: 8) Printed On: 6/17/2019 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 8. In accordance with Section 9.7 of Miami 21, the Applicant shall provide a buffer along the western lot line of the Western Property to visually screen the parking lot from dissimilar land uses to the west. 9. Changes to the hours of operation, number of employees and/or pupil's registration shall require City review, and if applicable, County, for compliance with the required standards for schools, as well as to the City of Miami applicable codes. 10. Validation of student enrollment by a Certified Public Accountant is required the first Wednesday of every October to the Planning Department to verify student enrollment. At no time, shall enrollment exceed 120 students of Pre -School Age. 11. The Pre -School Use is granted pursuant to this Exception and is not transferable to another property. 12. Provide a safety plan for the Pre -School, including but not limited to video recording cameras for surveillance covering the exterior of the Pre -School. 13. The Landscape Plan for the Pre -School must be designed pursuant to Article 9 of the Miami 21 Code, Chapter 17 of the City Code and Chapter 18A of the Miami - Dade Code. The Landscape Plan must obtain the correspondent approval from Environmental Resources. 14. Signage must be processed under separate permit. 15. The building permit submittal process for this project shall comply with the requirements of all applicable departments and agencies. 16. As set forth in Section 7.1.1.4.b.8, the Planning, Zoning and Appeals Board, after a quasi-judicial hearing, may rescind, modify or change any resolution granting an Exception if, upon application filed by the Director at any time after the grant of an Exception, the board finds that there has been a violation of any conditions, restrictions or limitations in the subject resolution. Such a hearing shall not be held until published notice (per section 62-129 of the City Code) has first been given. If the Director, upon written request of any aggrieved party, refuses or fails to make an application for such rescission, modification or change, the aggrieved party may request the City Commission, through the City Manager, to instruct the Director to -do so. The decision of the board shall be appealable to the City Commission in the same manner as an appeal of a board decision regarding an Exception. 17. Pursuant Article 7 Section 7.1.2.4.c.4 A Warrant shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director. 18. Prior to the issuance of a building permit, the Applicant shall obtain a Traffic Sufficiency Letter from the City of Miami. City of Miami Page 4 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk 19. As voluntarily proffered during the public hearing, arrival and dismissal times shall be staggered as indicated in the Letter of Intent and each shift shall have no more than forty (40) students per shift with a maximum of one hundred and twenty (120) students total. Section 3. This Resolution shall be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS DIVISION WITHIN FIFTEEN (15) DAYS. I1(C2 (7`Y F�fancisco Garcia, Director Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) ‘el17l?c 17 Execution ate Personally appeared before me, the undersigned authorityF-ACCL\ CJ - Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS IT\ DAY OF JJ1r‘Q. , 201 R ? V'L- Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Not ry Public State of Florida My Commission Expires: . BEATR2ALVAREZ • Commission # GG 153775 w7� Expires November 20, 2021 '^eP,f fk9ac itn troy Mt Morin t00-385.701A City of Miami Page 5 of 5 File ID: 5691 (Revision: B) Printed On: 6/17/2019 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 9 7/3/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3124-020-1010 Property Addis.: 30 NW 42 ST Miami, FL 33127-2857 Owner SYLVANIE ABRAHAM Manny Addnu 32NW42ST MIAMI, FL 33127 USA PA Primary Zees 0104 SINGLE FAIT- ANCILIARY UNIT Pdmery Land Use 0803 MULTIFAMILY 2-9 UNITS : MULTIFAMILY 3 OR MORE UNITS Bode/Bathe/Hale 5/3/0 Floors 1 Living Ualle 3 Actual Ares Sq.Ft Living Ana Sq.FI Adjusted Area 2,500 Sq.FI Lot Sae 7,200Sq.F1 Year Built Multiple (Sea Building Info.) Assessment Information Year 2019 2018 2017 Land Value 8183.542 $163,877 8133,084 Building Value 8120.772 8122.047 8123,323 XF Value 814,589 814.774 314.9600 Merkel Vales 8318,903 $300.698 8271.387 A4008ad Vegas 8188,690 8173.924 8180,393 Benefits Information Benefit Typo 2019 2018 2017 San Our Homes Cap Assessment Reduction 872,217 886,824 857,812 Hon4lomostesd Cep Assessment Reduction $57,996 159,950 853,182 Homestead Exemption $25,000 825,000 825,000 Second Homestead Exemplbn $25,000 825,000 $25,000 Senior Homestead Exemption $50,000 $50.000 $50,000 Note: Not all benefits are epp1nble to ell Taxable Velma (.e. County, School Bum, CB), Regional). Short Legal Description BUENA VISTA HGTS ADD AMC PL PB 3-22 LOT 21 BLit 5 LOT S12E 50.000X 144 OR 20585-4993 08 20024 Taxable Value Information 20191 20181 2017 County Exemp00n Wye 8100,000 1100,000 8100,000 Taxable Value 688,690 673,924 860,393 Br1ua Board Exemption Value 325.000 825,000 625,000 Taxable Value 8221,686 $208,874 $188.555 City Exampson Value 8100,000 8100,000 8100,000 Taxable Niue ses,690 873,924 $60,393 Regional Exemption Vebn 850,000 850,000 $50,000 Taxable Value 1138,890 6123,924, $110.393 Sala, Information Previous Sale Peace OR Book - Peps QWBulun Description 10/1320/7 8100 30786- 3250 Corrective, tax or OCD; min consideration 08/01/2002 so 20585- 4993 Sales which re disquaf6ed es a mug of examination ot the deed The Olio of Be Preps App.Wr 4 maw* eking and uprising M wir rel. This *slake they not read Fa most arrow hlowslion on Neon The PreperyAppnlr and Meng -Dale Cant saunas no lability. see lull dadshnr arid U.r AParnanl t http'JAvw.mlanMsd..gevmMiddmr asp Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk 7/3/2019 Property Search Application - Miami -Dade County OFFICE OF THE PROPERTY APPRAISER Summary Report Property Information Foam 01-3124-020-1090 Property Address: Owner 37 NW42 ST Miami. FL 331274856 PROSPERO MUNGUTA SW DARINA Mailing Address 37 NW 42 ST MIAMI. FL 33127-2856 PA Primary Zone 0104 SINGLE FAM-ANCILLARY UNIT Primary Land Use 0101 RESIDENTIAL - SINGLE FAMILY: 1 UNIT Beds / Baths/He 2/1/0 Floors Living Units Actual Ante 1,325 SO.Ft Livia. Ante 1,125 Sq.Ft Adjusted Area 1,225 SO.Fl Lot She 7,200 SO.Fl Year Built Multiple (See Building Info.) Assessment Information Year 2019 2018 2017 Land Value S1113,542 8163,877 $133,084 Building Value L55,452 355.463 355,515 XF Value S9.192 $9,311 89.430 Market Value 8248,188 8228,671 $198,029 Assessed Value V15,408 $44.552 843,646 Benefits Information Benefit Typo 2019 2018 2017 Lave our Homes Cap Aseoa9mem Redu lion 9202,778 $184,109 8154,383 Homestead Exemption 625,000 325,000 825,000 Second Homestead E0-lan 80 80 S0 Note: Not all benefits an eppbeble le all Taxable Veluea (e. County, School Board, City. Regional). Short Legal Damnation BUENA VISTA HOTS ADD MID PL PB 3-22 LOT 5 BLK 6 LOT SIZE SITE VALUE OR 10883-1219 0980 1 Taxable Value Inforrrrstion 20.191 County 2018r 2017 Exempbon Value $25,000 $25.000 325,000 Taxable Value $20,408 819,562 618,646 School Board Exemption Value $25,000 825,000 $25,000 T 61s Value 820,408 819,562 818,546 Clly Exemption Value 825,000 $25,000 825,000 Taxable Value $20,408 819,562 $18,646 Regional Exemption Value 825,000 325,000 925,000 Taxable Value 820,408 319,562 818,646 Sales Mdormatton Preview Sale Price OR Book -Papa QtWMatim Description OBb1n980 $26,500 10883-1219 Sales which an 0uauled TheOBo of 5r Pmpery Apprerr8ev6ndly dear ned marine ihe tax rot Tr riebebr / net ream Ile mat current Womrssn on mord TM Properly Appreber and MW1FDade Craft assertsroeetinly. see VW demYeer end Ueer0peernet Ih8p'i 01erriddeaoMnbftwir peep Verde[ Submitted into the public record for item(s)pZ_5 on 10/24/2019 City Clerk Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 7.1.1.5 City Commission The City Commission, in addition to its duties and obligations under the City Charter, the City Code, and other applicable law, shall have the following duties specifically in regard to the Miami 21 Code: a. To approve, deny or approve with conditions applications for developments of regional impact pursuant to Chapter 380, Florida Statutes. b. To consider and act upon proposed amendments, including rezoning, to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. c. To consider and act upon proposed Special Area Plans, after consideration of the recommendation by the Planning, Zoning and Appeals Board. d. To consider and act upon proposed amendments to the Comprehensive Plan which relate to the Miami 21 Code, after consideration of the recommendation by the Planning, Zoning and Appeals Board. e. To hear appeals of the ruling of the Planning, Zoning and Appeals Board on the appeal of a zoning interpretation, Certificate of Use denial or revocation, planning determination of Use, Warrant, Variance or Exception. f. To consider and adopt ordinances, regulations and other proposals as it deems appropriate for promoting orderly development within the areas of the city that are regulated by the Miami 21 Code. g. To establish a schedule of fees and charges for the applications made pursuant to the Miami 21 Code. h. To appoint members to the Planning, Zoning and Appeals Board, as set forward in this Miami 21 Code. i. To hear appeals from the Planning and Zoning Appeals Board in connection with decisions on a Variance or Exception, or any appeals of any administrative decision on a Waiver or Warrant application, or any other administrative decision or determination made in connection with a proposed Affordable Housing Development qualifying under Section 3.15. Such appeals shall be specially set for the first available City Commission hearing that is at least fifteen (15) days after the Planning, Zoning and Appeals Board hearing. 7.1.2.6 Exception d. Appeal to the City Commission. Appeal of the decision of the Planning, Zoning and Appeals Board shall be de novo applying the Exception criteria in this Code and taken to the City Commission, pursuant to section 7.1.5 of this Miami 21 Code. The appeal shall be filed with the Hearing Boards Office. Notification of the appeal shall be provided by the City in the same manner as provided for the original application in section 7.1.2.6.c. of this Code. The filing of the appeal shall state the specific reasons for such appeal, together with payment of any required fee. The appeal may be filed only by the applicant or any person who is aggrieved by the action of the Planning, Zoning and Appeals Board. 7.1.5 Appeals Appeals to the appropriate appellate body from the following decisions shall be made as follows: a. Fifteen (15) days from the posting on the city website of the decision of the Zoning Administrator on an application for zoning interpretation or Waiver, and fifteen (15) days from the denial or revocation of a Certificate of Use: to the Planning, Zoning and Appeals Board. b. Fifteen (15) days from the posting on the city website of the decision of the Planning Director on a Warrant or planning determination: to the Planning, Zoning and Appeals Board. c. Fifteen (15) days from the decision of the Planning, Zoning, and Appeals Board on an Exception or a Variance: to the City Commission. d. Fifteen (15) days from the decision of the Planning, Zoning and Appeals Board on a zoning interpretation appeal, denial or revocation of a Certificate of Use appeal, planning determination appeal or Warrant appeal: to the City Commission. e. Thirty (30) days from the appellate decision of the City Commission on a zoning interpretation appeal, denial or revocation of a Certificate of Use appeal, planning determination appeal, Warrant appeal, Variance appeal or Exception appeal: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. f. Thirty (30) days from the decision of the City Commission on a code amendment: to the circuit court of the eleventh judicial circuit in the manner set forth in the rules of the court. Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk W. TUCKER G1BBS, P.A. ATTORNEY AT LAW P.O. BOX 1050 COCONUT GROVE FL 33133 TELEPHONE (305) 448-8486 FACSIMILE (305) 448-0773 tucker@wtgibbs.com October 29, 2013 Anel Rodriguez, Executive Secretary Hearing Boards Division City of Miami Planning Department 444 S.W. 2d Avenue, Third Floor Miami, Florida 33130 prnvro 1T1 r711 r 13 OCT 29 NI 12: 5' VIA HAND DELIVERY Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Re: Appeal of PZAB Decision to Grant Appeal and Deny Warrant No. 13-0033 Dear Mr. Rodriguez: I represent Agave Acquisitions, which sought and obtained Warrant No. 13-0033 (attached as Exhibit "A")to allow outdoor seating on its property at 2601 South Bayshore Drive within the T-6 transect. The adjoining property owner, the Grovenor House Condominium Association, also located in the T-6 transect, filed an appeal of the warrant on July 5, 2013(attached as Exhibit "B"). On October 16, 2013 the City of Miami Planning and Zoning Advisory Board ("PZAB") voted to grant that appeal and deny the warrant (attached as Exhibit "C"). Through this letter Agave Acquisition hereby appeals the decision of the PZAB to grant the appeal and to deny the warrant notice of appeal pursuant to Article 7, section 7.1.2.4 of the Miami 21 zoning code. The grounds for this appeal are as follows: 1. The PZAB failed to correctly apply the review criteria set forth in Article 7, section 7.1.2.4(d) of Miami 21 when it determined that the planning director failed to apply those standards when he issued the warrant. According to Article 7, section 7.1.2.4(d) the planning director when he evaluated the application for the warrant shall review the warrant application for compliance with the APPEALS CHECKLIST Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk PLANNING AND ZONING DEPARTMENT, HEARING BOARDS SECTION 444 SW 2nd Avenue, 3rd Floor • Miami, Florida 33130 • Telephone 305-416-2030 www.miamigov.com/hearing boards Reviewer Name Review Date 3637 Corp. Inc. Alan S. Krischer, Holland & Knight 305-789-7758 Applicant Name Contact Information 2567 NW 36th Street Project Name and Address O WAIVER / 0 WARRANT PERMIT APPEAL: ❑ Yes ❑ No ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A ❑ Yes ❑ No ❑ N/A Is it within the 15-day appeal period? If No, return materials. If Yes: Proof of Lobbyist Registration Letter of Intent indicating Waiver (Class I) / Warrant (Class II) number Certified list of adjacent owners within 500 feet All other pertinent documents, such as a copy of Final Decision and Disclosure to Support or Withhold Objection Paid receipt ❑ HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD APPEAL: ❑ Yes 0 No Is it within the 15-day appeal period? If No, return materials. If Yes: ❑ Yes 0 No ❑ N/A Proof of Lobbyist Registration ❑ Yes 0 No ❑ N/A Letter of Intent indicating HEPB Resolution number ❑ Yes 0 No ❑ N/A Certified list of adjacent owners within 500 feet ❑ Yes 0 No ❑ N/A All other pertinent documents, such as a copy of HEPB resolution and Disclosure to Support or Withhold Objection ❑ Yes ❑ No ❑ N/A Paid receipt ❑ EXCEPTION / ❑ VARIANCE APPEAL (Circle one): Is it within the 15-day appeal period? If No, return materials. If Yes: Proof of Lobbyist Registration Letter of Intent indicating PZAB Resolution number All other pertinent documents, such as Disclosure to Support or Withhold Objection ❑ Yes ❑ No ❑ N/A Paid receipt ❑ Yes ❑No ❑ Yes ❑No ❑ Yes ❑ No ❑ Yes ❑ No ■ ZONING ADM. ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑No ❑ N/A ❑ N/A ❑ N/A INTERPRETATION/PLANNING DIR. DETERMINATION APPEAL (Circle one): Is it within the 15-day appeal period? If No, return materials. If Yes: Proof of Lobbyist Registration Letter of Intent with all other pertinent documents/copies, such as Disclosure to Support or Withhold Objection Paid receipt ❑ N/A ❑ N/A ❑ N/A 1, , authorize any refund to be issued to (Name and Complete Address). *If any information/documentation required above is missing, appeal is not accepted and all documents are returned to the appellant. *If all required information/documentation is presented, date stamp and initial the appeal letter. Rev. 10-2013 1 October 22, 2013 Page 2 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Miami 21 zoning code. This review requires that the director consider the intent of the transect, the "guiding principles" of Miami 21, and the manner in which the proposed use will operate in relation to any "less intense uses." Furthermore, the director shall apply the design review criteria in Article 4, Table 12 "as applicable." Intent of the Transect: Section 6.3.2 of Miami 21 clearly states that outdoor seating is permitted by warrant in the T-6 transect. The T-6 transect includes the highest density and the greatest variety of uses permitted under Miami 21. Uses include entertainment establishments, restaurants and general commercial. There is no provision in Miami 21 that states that an outdoor cafe is an inappropriate use in the T-6 transect. Guiding Principles of Miami 21: Among the concepts that define Miami 21 are the importance of mixed -use development in the T-4 through T-6 transects and the importance of pedestrian -friendly development in virtually all transects. Outdoor dining in the T-6 transect is a permitted use by warrant that furthers these guiding principles of Miami 21. Manner of Operation of the Proposed Use: Outdoor dining and other uses in the T-6 transect must respect their neighbors. And the proposed cafe is designed to provide such protections. The cafe is situated as far from the adjoining high-rise condominium as possible. The closest residential unit is over 100 feet from the closest portion of the proposed outdoor seating area. There is a lush buffer of planting along both sides of the property line between the Agave property and the adjacent condominium. There will be no amplified music in the cafe. In addition to the protections provided by the owner of the property, the city's noise ordinance prohibits "plainly audible" noise or music at a distance of 100 feet and no music between the hours of 11 p.m. and 7 a.m. Therefore, the PZAB failed to apply correctly the warrant review standards set forth in Article 7 and its denial of the warrant should be rejected by the city commission. October 22, 2013 Page 3 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 2. When the PZAB made its decision it failed to rely on the only competent substantial evidence in the record: the city's professional staff report and recommendation (attached as Exhibit "D"). Florida law requires that all decisions of a quasi- judicial board or commission be supported by competent substantial evidence. Additionally, Florida law recognizes a city's professional staff report as competent substantial evidence. Therefore, in the absence of any contrary competent substantial evidence, the board must base its decision on the city's professional staff's evaluation and recommendation as presented in the staff report. The PZAB failed to do this when it granted the appeal and denied the warrant. Therefore, appellant Agave Acquisitions through its undersigned attorney, appeals the decision of the City of Miami Planning and Zoning Appeals Board that denied the approval of Warrant No. 13-0033. Furthermore, appellant Agave Acquisitions reserves its right to supplement this appeal letter with briefs or memoranda prior to city commission consideration of this appeal. Sincerely, 4,2„ W. Tucker bbs enclosures CC: Brian Gitlin Francisco Garcia, Planning Director Victoria Mendez, City Attorney Todd B. Hannon, City Clerk Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk 4i: - -�,, �, y� AL DECISION File No.13.0J033 �: r a'��`y n ,�C9e:propartitsi. (tFj o i'`fucket *�f`�2"B01';t3aystiore Dr i „4. 7. Miami, Ft1 33;i3 ,t. INCORP6OHATEII F 1 t 4 FigRf ancisco JiGarciarprectar.----- ,�}, \t%r)' Planning $Zotiyr�a{Pariment J, - . N., lr4 y •S_, ..Y . _ p . PCE��SE T QTICE• AT A'J AECIS;ON HAS BEEN REACHED ON THE FOLLowilio MATTER.:,_ Title: Outdoor Seating (Outdoor Cafe) Address: 2601 S Bayshore Dr., NE Coconut Grove Final Decision: Q Approval ❑ Approval with conditions ❑ Denial AID FINDINGS AND CONDITIONS The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida, This Section states explicitly that a Warrant shall be required for'outdoor dining area and the display and sale of items from vending carts. _.___Pursuant to_ Section-7:1,3.4 of the -above -cited Zoning Ordinance; -the Pianning'Departn etrhas made referrals to the following Departments and Boards • Office of Zoning • NE Coconut Grove NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered during the review of this final decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: FINDINGS • Applicant is proposing an outdoor seating area for an outdoor cote. • The proposed outdoor dining area consists of 31 tables with 72 seats. File No. t3-s 23 Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk • The proposed location for the outdoor dining area will be on the southwest side of the property within private property. The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of pedestrians on the pedestrian walkway. • The proposed planters and furniture shall be removable and capable of being stored safe and secure in the event of severe weather conditions. • Pursuant to Sec. 7.1.2.4 (d) of the t,Aiami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Based on-the._abovefindings and the.considered advice of the officers and agencies consulted on this matter and pursuant to Section 7.1.1.2 of the Miami 21 Code, the subject application is hereby approver subjeette-the-plans-andsupptementay materials.suben'stted=by-theapplicant on--------ry•---- file with the of Planning. Department. NOTICE S___ - The>final-decision-of=the-Director=may>be-appealed to -the -Planning; Zoningrand-Appeals--- ... ..... ,,,- .._.._R2ard by,an.Y _a99riexeCLI:5�4:-kthiftti.9 r1(15). laY.4 of ttaestate.:of, Bsikeace_lby_fil'ung.a__. written appeal and app .dpriate fe$ with the Office of Hearing Boards, located at 444 SW 2nd Ave., 3rd Floor, Mian ', FL 33130.'Telephone number (305) 416-2030 Signature Francisco 'Garcia, Director oning Department Date ^-2! /3 iticifig ,.a" SiegMed • RJu HijI11I1 • LON EJE HIE • "ass • SIIJIiN SR H L- L A W. c o M SHARI WAD GARRETT I:Afefil•'PPrth M111 •I A\t.r.U]( July 5, 2013 Via Hand Deliver)! City of Miami Planning and Zoning Department Planning and Zoning Appeals Board Attn: Francisco J. Garcia, Director Office of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk REPLY TO CORAL GABLES OFFICE RE: 2601 S. BA;FSHORE DRIVE, NORTHEAST COCONUT GROVE APPLICANT: AGAVE ACQUISITIONS GROVENOR HOUSE CONDOMINIUM ASSOCIATION, INC. WARRANT APPEAL -WARRANT NO.: 2013-0033 Dear Mr. Garcia, n z c- r- Am r— ci r n cz,rn b rn ;coal 04 rn z The undersigned represents the interests of Grovenor House Condominium Association, Inc. (hereinafter "Grovenor House"). Grovenor House is located at 2627 South Bayshore Drive, Miami, Florida 33133. Grovenor House is an abutting property owner. This communication serves as Grovenor House's written appeal to the Hearing Board advising that it objects to the subject Warrant (a copy of which is attached) based upon the following grounds: • The outdoor dining area will result in excessive noise to neighboring owners; • The outdoor dining area will result in a nuisance, including but not limited to noise, which will interfere with neighboring owners' peaceful possession of their property; • The outdoor dining area will create increased pedestrian traffic to the detriment of neighboring property owners. 201 Alhambra Circle Eleventh Floor Coral Gables, Florida 33134 Miami -Dade: 30..442.3334 Fax: 305.443.3292 Toll Free: 800.737.1390 Francisco J. Garcia, Director July 5, 2013 Page 2 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Accordingly, Grovenor House requests that the Hearing Board reevaluate the subject Warrant, in light of the above objections. Should you have any further questions, please contact the undersigned. Very truly yours, SIEGFRIED, RIVERA, HYMAN, LERNER DE LA TORRE, MARS & SOBEL, P.A. SHARI WALD GARRETT, ESQ. For the firm Enclosures 11:\L1 BRARI'ICAS ES•,711 6,213 0802\27U 7514. DOCX ,.M. Arr ai i P =To Agave Properties b-4 c/o W:Tucker Gibbs 260i S. Bayshore Dry r Miami, FL 3313 F=; From= EFrancisco J:Garcia,Director ' ` = & � �, Planning Zoning Department , ) •••PLEASE TAKE NOTICE 'HAT A FINACDECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: Outdoor Seating (Outdoor Cafe) Address: 2601 S Bayshore Dr., NE Coconut Grove Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk File No.13-0033 Final Decision: El Approval ❑ Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for a Warrant pursuant to Article 6, Section 6.3.2, of the Miami 21 Code, as adopted, the Zoning Ordinance of the City of Miami, Florida. This Section states explicitly that a Warrant shall be required for outdoor dining area and the display and sale of items from vending carts. Pursuant to Section 7.1.3.4 of the above -cited Zoning Ordinance, the Planning Department has made referrals to the following Departments and Boards • Office of Zoning • NE Coconut Grove NET Office, Neighborhood Enhancement Team Their comments and recommendations have been duly considered during the review of this final decision. In reviewing this application, pursuant to Section 7.1.2.4 (d) of the Zoning Ordinance, the following findings have been made: FINDINGS • Applicant is proposing an outdoor seating area for an outdoor cafe. • The proposed outdoor dining area consists of 31 tables with 72 seats. File No.13-0033 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk • The proposed location for the outdoor dining area will be on the southwest side of the property within private property. • The proposed outdoor dining area has been designed effectively not to disrupt the safe flow of pedestrians on the pedestrian walkway. • The proposed planters and furniture shall be removable and capable of being stored safe and secure in the event of severe weather conditions. • Pursuant to Sec. 7.1.2.4 (d) of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 7.1.1.2 of the Miami 21 Code, the subject application is hereby approved subject to the plans and supplementary materials submitted by the applicant on file with the of Planning Department. NOTICE The final decision of the Director may be appealed to the Planning, Zoning, and Appeals Board by any aggrieved arty, within fifteen (15) days of the date of issuance by filing a written appeal and ap priate ee with the Office of Hearing Boards, located at 444 SW 2n0 Ave., 3rd Floor, Miami, FL 3313 ' . Telephone number (305) 416-2030 Signature Francisc.1� - arcia, rector Plannin• : Zoning Department Date 6 2/_/3 Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk eKierf uL�� Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-13-056 File ID 13-00829wt October 16, 2013 Item PZAB.8 Mr. Chris Collins offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD GRANTING THE APPEAL, THEREBY DENYING THE WARRANT SPECIAL PERMIT APPLICATION NO. 13-0033, ISSUED BY THE PLANNING DIRECTOR ON JUNE 21, 2013, TO ALLOW AN OUTDOOR DINING AREA FOR AN OUTDOOR CAFE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2601 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN ATTACHED "EXHIBIT A". Upon being seconded by Ms. Jennifer Ocana Barnes, the motion passed and was adopted by a vote of 7-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Absent Mr. Ernest Martin Absent Mr. Daniel Milian Yes Mr. Juvenal Piria Absent Ms. Janice I. Tarbert Yes Ms. Melody L. Torrens Yes Mr. David H. Young Absent Francisco Ga pia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and "Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 1� DAY OF () CA-B , 2013. , Notary Pu61ic State of`Florida I/Cy-No 3se rt✓`°_I ;!I-o Print Notary Name Personally know of or Produced i.D. Type and number of I.D. produced Did take an oath or Did not take an oath ,,7c My Commission Expires: VANESSA TRUJILLO *, ru EXPIRES: Jury 11, 2015 `1 MY COMMISSION A EE 105250 At :\� Bonded Thai Notary Pubk Underwriters Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk EXHIBIT "A" Legal Description Folio No.: 01-4122-031-0010 KRA Tower Office Condominium Unit 100, as described in the Declaration of KRA Tower Office Condominium recorded in Official Records Book 24557, Page 1364 of the Public Records of Miami - Dade County, Florida and as set forth in the Special Warranty Deed recorded in Official Records Book 27558, Page 2624 of the Public Records of Miami -Dade County, Florida. Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Appellant: Applicant: Purpose: Planning and Zoning Department Recommendation: Analysis: Planning, Zoning and Appeals Board: 13-00829wt Quasi -Judicial PZAB.8 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), DENYING OR GRANTING THE APPEAL, THEREBY APPROVING WITH CONDITIONS OR DENYING, THE WARRANT SPECIAL PERMIT APPLICATION NO. 13-0033, ISSUED BY THE PLANNING DIRECTOR ON JUNE 21, 2013, TO ALLOW AN OUTDOOR DINING AREA FOR AN OUTDOOR CAFE FOR THE PROPERTY LOCATED AT APPROXIMATELY 2601 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. Approximately 2601 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] Marc Smiley, Esquire, on behalf of Stanley Barnett and Rudolph Roseborough (Grovenor House Condominium Association, Inc.), Adjacent Property Owners 201 Alhambra Circle, 11th Floor Coral Gables, FL 33134 (305)442-3334 Tucker Gibbs, Esquire, on behalf of Agave Acquisitions, LLC P.O. Box 1050 Miami, FL 33133 (305) 448-8446 The approval of this appeal will not allow an outdoor dining area for an outdoor cafe. Recommends approval of the Warrant and denial of the appeal. See supporting documentation. October 16, 2013 ex Hair "P" Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Holland & Knight 701 Brickell Avenue, Suite 3300 i Miami, FL 33131 i T 305.374.8500 ( F 305.789.7799 Holland & Knight LLP i www.hklaw.com June 21, 2017 VIA HAND DELIVERY City of Miami Department of Planning and Zoning - Hearing Boards Section ATTN: Chief of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 _.1 Alan S. Krischer 305.789.7758 alan.krischer@hklaw.com Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk Re: 3637 Corp. Inc. / 2657 NW 36th Street, Miami, Florida / Appeal of Planning Zoning and Appeals Board Resolution PZAB-R-17-034 to City Commission Dear Sir or Madam, The undersigned is the legal representative of 3637 Corp. Inc. ("3637 Corp."). This letter constitutes the timely appeal by 3637 Corp. of the 5-3 decision of the Planning, Zoning and Appeals Board (PZAB) upholding the decision of the Zoning Administrator to deny the Certificate of Use for an "Alcoholic Beverage Establishment/Tavern" to operate a supper club for the above address, which decision was memorialized in Resolution number PZAB-R-17-034 (the "Resolution"). A copy of the Resolution is attached for your reference. As described in our original appeal and again below, the decision to uphold the Zoning Administrator's denial of the Certificate of Use is not supported by competent substantial evidence and is contrary to the requirements of the Code. The denial is further barred by the doctrine of equitable estoppel, as 3637 Corp. has substantially relied in good faith upon numerous actions by the City of Miami (the "City") demonstrating that the requested use was permitted. 3637 Corp. is the owner of the facility located at 2657 NW 36th Street (the "Property"), which has been used for years as an Adult Entertainment Establishment. On June 8, 2009, the City of Miami Zoning Board approved Resolution ZB-R-09-0035, granting 3637 Corp.'s request for Exception approval for the operation of a supper club at that location (the "Original Resolution"). After the approval of the Original Resolution, 3637 Corp. obtained building permits from the City and conducted considerable development work converting the existing structures into a supper club and Adult Entertainment Establishment consistent with the Resolution and approved permits. Atlanta i Bethesda i Boston i Chicago i Fort Lauderdale i Jacksonville i Lakeland I Los Angeles I Miami i New York Northern Virginia i Orlando i Portland i San Francisco i Tallahassee i Tampa i Washington, D.C. i West Palm Beach March 30, 2017 Page 2 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk None of the grounds identified in the Denial Letter is supported by substantial competent evidence. The City's action in issuing the Original Resolution was a quasi-judicial proceeding, based upon the evidence and information provided to the Zoning Board. If any party — including the City itself — determined that the actions of the Board in applying the requirements of its code to the information presented was incorrect, the appropriate remedy would have been for such party to timely file an appeal of the Board's resolution. The City has no legal basis for today attempting to collaterally attack or look behind the final approval of the Original Resolution to determine that the staff recommendation was "not accurate nor complete." Even if the City had any authority to disregard its own final resolutions and ignore the time frames for challenging such prior actions, the City has not identified any substantial competent evidence that the El Palacio Sport Cafe, Inc. —which the City invoked in its Denial Letter —possessed a 4COP Quota License on the date that the Original Resolution was approved, on the date that the Original Resolution was extended, or even today. Similarly, the City did not present any substantial competent evidence that 3637 Corp. has failed to comply with a condition of the Resolution or the Code. The Applicant for the Resolution and the original operator has not changed —it remains 3637 Corp. Inc., the same owner and operator throughout this process. Moreover, a building permit was issued by the City within the required time frames. Nevertheless, the Denial Letter fails to acknowledge the extension of time that was exercised by 3637 Corp. pursuant to Chapter 2011-142, Laws of Florida and for which the City accepted payment, and discussed at length before the PZAB. The denial was similarly prohibited by the longstanding doctrine of equitable estoppel, which applies to municipal governments in their granting of permits and approvals. The courts have long held that when a municipality grants approval for the construction of facilities or the operation of a business, it may not later change its mind and revoke those approvals: "Stripped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another onto the welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon. A citizen is entitled to rely on the assurances and commitments of the zoning authority and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds." Town of Largo v. Imperial Homes Corp., 309 So. 2d 571 (Fla. 2d DCA 1975) In this instance, the City zoning authority undoubtedly had knowledge of 3637 Corp.'s intended use given that it continually and repeatedly approved the use of an Alcohol Service Establishment and Adult Entertainment Establishment at this location. The City approved the Original Resolution and issued building permits for the proposed Supper Club and Adult Entertainment Establishment. 3637 Corp. relied on those permits to make considerable investments in the physical space. The City continually inspected the property, and issued a Certificate of Completion for the proposed Supper club on June 2016. March 30, 2017 Page 3 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Beyond all of the foregoing, the City has already made a formal determination that it is estopped from denying the original building permit and precluding the current owner from proceeding to completion — after the transfer of controlling interest in the owner. As indicated in 3637's materials to the PZAB, the City issued a written confirmation in late September 2013 that the owner entity was entitled to complete their project. The City cannot now, in good faith — years after the issuance of the Original Resolution and the building permits, and after the issuance of a Certificate of Completion - reverse its prior position with respect to the lawful use of the Property. Similarly, the City cannot now, in good faith — knowing full well that 3637 Corp. has invested hundreds of thousands of dollars to build out its planned Supper Club' and Adult Entertainment Establishment — reverse its prior application and approvals of the liquor spacing regulations. The aforementioned arguments were all presented to the PZAB members during the proceedings conducted on June 7, 2017. Individual members of the Board, and the Zoning Administrator, made statements suggesting that they accepted the arguments of 3637 Corp. relating to the issues of timeliness, the platting condition, and spacing from L'Boulevard; the Resolution indicates that their denial of the Certificate of Use was based solely on a finding that there was a change in operator. We believe that the Board erred in ignoring the substantial competent evidence presented by 3637 Corp., and that the City failed to present substantial competent evidence to support the Board's decision. Moreover, we believe that the principles of equitable estoppel described above still preclude the action taken. Based on the foregoing, we respectfully request that this matter be placed before the City Commission for review. Enclosed is a check in the amount of $800.00 for the appeal fee as well as copies of the documents described above. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7758 or email me at alan.krischer@hklaw.com. Respectfully submitted by, HOLL &£NIGHT LLP ;•—• lancher Enclosures Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk law City of Miami PZAB Resolution Enactment Number: PZAB-R-17-034 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2107 Final Action Date: 6/7/2017 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD DENYING THE APPEAL FILED BY 3637 CORP. INC. OF THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE ON MARCH 21, 2017, PURSUANT TO SECTION 2-211, "DENIAL OR REVOCATION OF CERTIFICATE OF USE" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2657 NORTHWEST 36 STREET, MIAMI, FLORIDA. WHEREAS, on June 7, 2017, the Planning and Zoning Appeals Board, after careful consideration, by a vote of 5 to 3, upheld the decision of the Zoning Administrator to deny the Certificate of Use on March 21, 2017, pursuant to City Code of Ordinance Section 2-211 "Denial or revocation of certificate of use", for the property located at approximately 2657 Northwest 36 Street; and, WHEREAS, the Planning and Zoning Appeals Board decision to deny was based on evidence indicating there was a change in operator from the disclosures of ownership furnished when the original application of 3637 Corp Inc. was originally submitted for a Special Exception hearing. This decision is final, unless an appeal is filed with the Office of Hearing Boards within 15 days of the final decision. Fran.' c. Garcia, Director Planning and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execution Da I obri Personally appeared before me, the undersigned authority, (\ Q 2L11^-1 ora , Clerk of the Office of Hearing Boards of the City of Miami, Florida, and acknowleds that he/she executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS I DAY OF —)Ur'1{_,_—_ 2017. �t11 tG Gorizalez Print Notary Name Personally known or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath ate of Florida F:el' SILVIAGONZALEZ siR ,ins MY COMMISSION # SG 051561 . ,..`.. EXPIRES: Novemt,ar30,2020 ,;o,. !:,„ Bonded Thru Notary PuWlc UndenMtera Holland & Knight 701 Brickell Avenue, Suite 3300 I Miami, FL 33131 j T 305.374.8500 I F 305.789.7799 Holland & Knight LLP I www.hklaw.com March 31, 2017 VIA HAND DELIVERY City of Miami Department of Planning and Zoning - Hearing Boards Section ATTN: Chief of Hearing Boards 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130 Alan S. Krischer 305.789.7758 alan.krischerrhklaw.com Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Re: 3637 Corp. Inc. / 2657 NW 36th Street, Miami, Florida / Appeal of Denial Certificate of Use Dear Sir or Madam, i17 N The undersigned is the legal representative of 3637 Corp. Inc. ("3637 Corp."). In accordance with Section 2-211(c) of the Code of the City of Miami (the "Code") this letter constitutes the timely appeal by 3637 Corp. of the undated decision by the Zoning Administrator to deny the Certificate of Use for an "Alcoholic Beverage Establishment/Tavem" to operate an adult entertainment facility and supper club for the above address (the "Denial Letter"). A copy of that letter is attached for your reference. As described briefly below, the decision to deny the Certificate of Use is not supported by competent substantial evidence and is contrary to the requirements of the Code. The revocation is further barred by the doctrine of equitable estoppel, as 3637 Corp. has substantially relied in good faith upon numerous actions by the City of Miami demonstrating that the requested use was permitted. 3637 Corp. is the owner of the facility located at 2657 NW 36th Street (the "Property"), which has been used for years as an Adult Entertaixunent Establishment. On June 8, 2009, the City of Miami Zoning Board approved Resolution ZB-R-09-0035, granting 3637 Corp.'s request for Exception approval for the operation of a supper club at that location (the "Resolution"). After the approval of the Resolution, 3637 Corp. obtained building permits from the City and conducted considerable development work converting the existing structures into a supper'club and Adult Entertainment Establishment consistent with the Resolution and approved permits. Atlanta I Bethesda I Boston I Chicago Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York Northern Virginia I Orlando I Portland I San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk March31, 2017 Page 2 None of the grounds identified in the Denial Letter is supported by substantial competent evidence. The City's action in issuing the Resolution was a quasi-judicial proceeding, based upon the evidence and information provided to the Zoning Board. If any party — including the City itself — determined that the actions of the Board in applying the requirements of its code to the information presented was incorrect, the appropriate remedy would have been for such party to timely file an appeal of the Board's Resolution. The City has no legal basis for today attempting to collaterally attack or look behind the final approval of the Resolution to determine that the staff recommendation was "not accurate nor complete." Even if the City had any authority to disregard its own final Resolutions and ignore the time frames for challenging such prior actions, the City has not identified any substantial competent evidence that the El Palacio Sport Cafe, Inc. —which the City invoked in its Denial Letter —possessed a 4COP Quota License on the date that the Resolution was approved. Similarly, there is no substantial competent evidence that 3637 Corp. has failed to comply with a condition of the Resolution or the Code. The Applicant for the Resolution and the original operator has not changed. It remains 3637 Corp. Inc., the same owner and operator throughout this process. Moreover, a building permit was issued by the City within the required time frames, as the Denial Letter fails to take into account the extension of time that was exercised by 3637 Corp. pursuant to Chapter 2011-142, Laws of Florida and for which the City accepted payment. The denial is similarly prohibited by the longstanding doctrine of equitable estoppel, which applies to municipal governments in their granting of permits and approvals. The courts have long held that when a municipality grants approval for the construction of facilities or the operation of a business, it may not later change its mind and revoke those approvals: "Stripped of the legal jargon which lawyers and judges have obfuscated it with, the theory of estoppel amounts to nothing more than an application of the rules of fair play. One party will not be permitted to invite another onto the welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon. A citizen is entitled to rely on the assurances and conunitments of the zoning authority and if he does, the zoning authority is bound by its representations, whether they be in the form of words or deeds." Town of Largo v. Imperial Homes Corp., 309 So. 2d 571 (Fla. 2d DCA 1975) In this instance, the City zoning authority undoubtedly had knowledge of 3637 Corp.'s intended use given that it continually and repeatedly approved the use of an Alcohol Service Establishment and Adult Entertainment Establishment at this location. The City approved the Resolution and issued building permits for the proposed Supper Club and Adult Entertainment Establishment. 3637 Corp. relied on those permits to make considerable investments in the physical space. The City continually inspected, and issued a Certificate of Completion for the proposed Supper club on June 2016. The City cannot now, in good faith — years after the issuance of the Resolution and the building permits, and after the issuance of a Certificate of Completion - reverse its prior position with respect to the lawful use of the Property. The City Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk March 31, 2017 Page 3 cannot now, in good faith — after 3637 Corp. has invested hundreds of thousands of dollars to build out the proposed Supper Club and Adult Entertainment Establishment — reverse its prior application of the liquor spacing regulations to the facts at hand in undoing those approvals. Based on the foregoing, we respectfully request that this matter be placed before the PZAB for review. Enclosed is a check in the amount of $800.00 for the appeal fee as well as copies of the documents described above. Should you have any questions regarding the foregoing, please do not hesitate to contact me at (305) 789-7758 or email me at alan.krischer@hldaw.com. Respectfully submitted by, HOL• L• 'ID & KNIGHT LLP Alan S. Krischer Enclosures` cc: Mr. James Fulford Javier E. Fernandez, Esq. Eric L. Ray, Esq. Titu vff 4$li�tm i James D. Fulford President TigerSharkRealty Inc. 2657 NW 36 Street Miami, FL 33162 Dear Mr. Fulford, Submitted into the public record for item(s) PZ.5 on 10/24/2019 , City Clerk DANIEL J. ALFONSO City Manager In response to your request to obtain a Certificate of Use for an Alcohol Establishment, more specifically a "Supper Club", please be advised that your request is denied. Review of all supporting documents reveal that errors occurred in the process of obtaining the previously granted approvals under several past administrations. Said errors that prevent the Office of Zoning from allowing the execution of a Supper Club Certificate of Use today are as follows: 1. In 2009 an Exception approval from the Zoning Board for a "Supper Club" Use was granted with Conditions and with a one (1) year expiration date to obtain necessary Permits and Certificate of Use. One (1) year later on 2010, the Zoning Board approved an extension to the approval with no expiration date to obtain necessary approvals. After reviewing the Exception application, it is the Office of Zoning's position that the recommendation approved by the Board was not accurate nor complete. Chapter 4 of the City's Alcohol Ordinance states in Section 4-7; "... and provided further, that no certificate of use and/or occupancy shall be Issued to any applicant for consumption or sale of liquor on the premises or off the premises and/or beer and wine for consumption on the premises in that district designated as the combination residential and commercial district, if the place of business of the applicant is situated less than 1,500 feet from a place of business with a prior alcoholic beverage license; such distances to be measured and computed from the front door of the established licensee to the front door of the proposed place of business of the applicant, along the route of ordinary pedestrian traffic." At the time this application was processed an establishment, known as El Palacio Sport Cafe, Inc. DBA L' Boulevard, located within the 1,500 feet of pedestrian travel at 3632-3634 NW 25 Avenue was operating with an Active Certificate of Use for Supper -Club with a 4COP Quota liquor license. Supper Club Use was permitted by Resolution in 2002 and Liquor Distance Survey PLANNING AND ZONING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/ Miami, Floi ida 33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk was provided in 2006 when the CU was amended to abandon the Restaurant portion of the Use. This Use remains active today. Office of Zoning's determination is that the 3637 Corporation application would not have met the distance requirements set forth in Section 4-7 of the Alcohol Ordinance in 2009, 2010 or today if a Liquor Survey was provided. 2. The Approved Exception in 2009 was subject to several conditions that must have been met in order to obtain a Building Permit forthe renovations. Conditions that were not met are as follows: a. "Approval of this Special Exception is conditioned to re -platting of the property prior to obtaining any Building Permit (as stated on Plan sheet A101 by Public Works Department)." It has been found that the re -platting of land never took place therefore nullifying the Building Permit approval. b. "Approval of this exception shall run with this operator only; any changes to a different operator shall require a separate Special Exception." At the time this Special Exception was granted the applicant was 3637 Corp Inc. with equal principal partnership between the operator's at the time known as Jerrett Hodas and Martin Hodas. Since that time 3637 Corp Inc. was sold to 100% principal operator known as James Fulford. The transference of a Business corporation in excess of 50% to a new party constitutes a change in operator thus nullifying this special exception. 3. The Approved Exception was subject to time requirements under Section 1606.2 of Zoning Ordinance 11000 that were not met. Section 1606.2 stated the following: a. "No original limitation shall be for more than one (1) year nor Tess than sixty (60) days. No extension shall be granted for more than one (1) year, and not more than one (1) extension may be granted for any Special Exception." Building permits were issued in error as the Exception had expired, and the establishment had not reached the stage of acquiring a Certificate of Use within that time frame. Special Permits and Building Permits issued in error convey no rights Pursuant to Miami 21 Section 7.1.3.6; "Approvals granted in error do not authorize violation of this Code; corrections required. a. An approval issued in error shall not confer any rights to construction or occupancy. b. No approval shall be construed to authorize violation of any provisions of this Code, and such approval shall be valid only to the extent that the work authorized is lawful. c. Issuance of a building permit based upon a site plan shall not prevent the Zoning Administrator from thereafter requiring correction of errors in the plan." Furthermore, The Zoning Administrator may deny the issuance of a certificate of use for good cause pursuant to City Code of Ordinances Sec. 2-211. - Denial or revocation of certificate of use. "(o) The zoning administrator may deny the issuance or renewal of a certificate of use for good cause. " Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk In conclusion, the Office of Zoning has determined that it will not issue a Certificate of Use for a Supper Club to the property located at 2657 NW 36 Street and recommends the following: • Re -apply for a Supper Club Use when distancing requirements pursuant Chapter 4 are attainable; or • Apply for a Restaurant Certificate of Use with the ability to place a 4COP SFS license so long as the property meets the minimum requirements of a "bona -fide" restaurant establishment. Sincerely, Devin Cejas Zoning Administrator Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk •Prx Miami Zoning Resolution No,: ZB Monday, June 8, oard R-99-0435 008 5 Alb. ridVBS 111111111111111111111111111111111111111111111 GFI•i 2QQ5rR047i*83 OR 8k 26921 Pss 4?V3 — +SOOT t3oasl RECORDED O6/30/2009 10:0350 HARVEY RUM, CLERK OF COURT ntAni-alux COUNTY, FLORIDA Mr. Cornelius Shiver offered the following resoi Resolution: AFTER CONSIDERING THE FACTORS SET FO 11000, THE MIAMI ZONING BOARD GRANTE LISTED IN ORDINANCE NO. 11000, AS AMEND THE CITY OF MIAMI, ARTICLE 4, SECTION 401, USES OF C-1 RESTRICTED COMMERCIA EAR/SUPPER CLUB ESTABUSHMENT OF APP OF FLOOR AREA IN AN EXISTING BUILDING OF FEET OF COMMERCIAL SPACE, FOR APPROXIMATELY 2657 NORTHWEST 36TH S EXHIBIT 'A' (HEREBY ATTACHED), PUBLIC RE FLORIDA; ZONED C-2 LIBERAL COMMERCIAL. GRANTED PER PLANS ON FILE WITH A TIME Li WHICH A BUILDING PERMIT MUST BE OBTAI CONDITIONS BY THE PLANNING DEPARTMEN EXCEPTION SHALL RUN WITH THIS OPERA DIFFERENT OPERATOR SHALL REQUIRE A S= SIGNAOE DETAILS FOR THE PROJECT SHALL DEPARTMENT FOR REVIEW AND APPROV ESTABLISHMENT TO HAVE SECURITY AND OP Upon being seconded by Mr. Miguel Gebela, the motion was passed and adopted by the loci W. Bra Berin Mr. Ron Conlon Mr. Chariot A. Gar&vaQl4 Ma. Deana Hernandez-Acmit Mr, isxa o Lopez Mr. Juvtnat,l Pup Mr. Cornelius Shiver Mr. R herd Tepee Mr, Angel thqulola AAr. Miguel Oabela AYE: NAY: ABSYSNTIONB: NO VMS: ABSENT: Ms. Fernandez: Motion carries 4-3 on and moved its adoption TH IN ZONING ORDINANCE NO. THE SPECIAL EXCEPTION AS D, THE ZONING ORDINANCE OF NDER CONDITIONAL PRINCIPAL DISTRICT(7), TO ALLOW A �XIMATELY 5,256 SQUARE FEET -PROXIMATELY 12,588 SQUARE E PROPERTY LOCATED AT EEC, LEGALLY DESCRIBED AS ORDS OF MIAMI-DADE COUNTY, THIS SPECIAL EXCEPTION WAS ITATION OF TWELVE MONTHS IN �, SUBJECT TO THE FOLLOWING 1) APPROVAL OF THIS SPECIAL R ONLY; ANY CHANGES TO A ARATE SPECIAL EXCEPTION; 2) E SUBMITTED TO THE PLANNING BY SEPARATE PERMIT AND 3) RATE WffH PERMITTED USE. wing vote: Away No Yes Away Yee No Yes No Away Yes 4 3 0 0 3 Te ita Hearing Boards . Fernandez, Executive Sec File ID#: 09-00399x Z.5 5 Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk Miami Zoning oard Resolution No.: ZB--09-0035 Monday. June 8, 23009 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned au horlty, Teresita L. Fernandez, Clerk of the Zoning Board of the City of Miami, Florida, acknowledges that she executed the foregoing Resolution for a Special Exception req est, SWORN AND SUBSCRIBED BEFORE ME THIS 2 DAY OF 5l)fx' , 2009. Print Notary Name Personalty umnber ofD pt Produced ID.Type end ,. Old take en oath or Old rot We art oath Votary Public State of Florida 4 y Commission Expire*: Y1M693i CasZi -y.jtirr fNCOMESION yi l>0851*1* eeudVrAEall4 ,2011 • _ 4 _ Fite ID#: 09-00389x Z5 s 0a� Miami Zoning Resolution No.: Z Monday, May 10, Ms. Hemandez-Acosta offered the following resolutlo Resolution: AFTER CONSIDERING THE FACTORS SET FOR THE ZONING BOARD APPROVED THE EXTE EXCEPTION GRANTED BY THE ZONING BOARD ZB-R-09-0035, VOTE OF 4-3, AS LISTED IN ORDI ZONING ORDINANCE OF THE CITY OF MIAMI, CONDITIONAL PRINCIPAL USES OF "C-1" REST TO ALLOW A BAR/SUPPER CLUB ESTABLISH SQUARE FEET OF FLOOR AREA IN AN EXISTI 12,586 SQUARE FEET OF COMMERCIAL SP DISTRICT), FOR THE PROPERTY LOCATED AT 38TFI STREET, MIAMI, FLORIDA. LEGALLY DE ATTACHED), PUBLIC RECORDS OF MIAMI-D LIBERAL COMMERCIAL. Upon being seconded by Mr: Charlas Garavagfa, the motlon was passed and adopted by the followE ter. Bret Bfulln Mr, Ron Cordon Mr. Gauls* A Garavagaa Ma. Siam Harnandez•At osta Mr. Laziro Lops: Mr. Juvenal A MU Mr Comets Shaver Mr. Angel Urqukala AYE NAY: ABSTENTIONS. NO VOTES: ABSENT. Motion carries 5-0. Submitted into the public record for item(s)_ PZ.5 on 10/24/2019 , City Clerk 11111111111111111111111111111111111111111111 CFN 2O1OR17423773 DR Bk 27327 Pss 4434 - 44361 (Ins) RECORDEP 06/23/2010 12114t56 HARVEY RWVIH, c&.K Dr CST MIAMI-DADE MONTY, FLORIDA oard -10-024 0'I0 and moved its adoption IN ZONING ORDINANCE NO. 11000, SION OF TIME FOR A SPECIAL N JUNE 8, 2009, RESOLUTION NO. CE NO. 11000, AS AMENDED, THE T1CLE 4, SECTION 401, UNDER ICTED COMMERCIAL DISTRICT(7), ENT OF APPROXIMATELY 5,258 G BUILDING OF APPROXIMATELY E CC-2" LIBERAL COMMERCIAL PROXIMATELY 2657 NORTHWEST RIBED AS EXHIBIT "A' (HEREBY COUNTY, FLORIDA: ZONED 'C-2" e: Away Away Yes Yes Yes Yes Away Yes a 0 0 0 3• • Anel • • . riguez Hearing Boards File ID#: 09-00399t Z.4 0-) „to\ 4.01 Miami Zoning oard Resolution No..: Z ..R-10-024 Monday, May 10, OW Submitted into the public record for item(s) PZ.5 . on 10/24/2019 , City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF NAM-DADE ) Personally appeared before me, the undersigned atrthorify, Anal Rodriguez, Clerk of the Zoning Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution for an Extension of lime request. SWORN AND SUBSCRIBED BEFORE ME THIS e5 l DAY OF ! VA 2010. fiheAt=,...9b41 iy�s Print Notary Name / Persona9y know / or Produced 1.0. Type end number or t.0, produces! Did take an oath or Did not fake an oat - NotaPublic State of Florida My Commission E ptree: File 1D#: 09-00399xt Z.4