95-21628 Reso •
RESOLUTION NO. 95-21628
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CALLING A PUBLIC HEARING TO
CONSIDER A REQUEST BY WEST BAY PLAZA,INC.,
AS THE OWNER OF PROPERTY LOCATED AT 1688
WEST AVENUE, FOR A REVOCABLE PERMIT TO
RETAIN SEVEN (7) PALM TREES AND THIRTEEN
(13) SHRUBS, AS WELL AS GRASS AND
IRRIGATION SYSTEM, ON THE ABUTTING CITY
PROPERTY ALONG THE WESTERLY WALL OF
THE WEST BAY PLAZA PROJECT.
WHEREAS, West Bay Plaza,Inc. is the owner of property located at 1688 West Avenue;
and
WHEREAS, West Bay Plaza, Inc. has applied for a revocable permit to retain seven (7)
palm trees and thirteen (13) shrubs, as well as grass and irrigation system, on the City property
abutting the westerly wall of the West Bay Plaza Project (Project), in order to beautify the rear
entrance from Bay Road to the Project; and
WHEREAS,pursuant to City of Miami Beach Ordinance No. 93-2855,the Mayor and City
Commission are required to hold a public hearing to consider the aforestated request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider a request by West Bay Plaza, Inc. as the owner of property located at 1688 West Avenue,
for a revocable permit to retain seven (7) palm trees and thirteen (13) shrubs, as well as grass and
irrigation system, on the City property abutting the westerly wall of the West Bay Plaza project,
is hereby called to be held before the Mayor and City Commission in their Chambers on the Third
Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on July 26
1995 beginning at 3:45 p.m, and the City Clerk is hereby authorized and directed to publish
appropriate Public Notice of the Public Hearing in a newspaper of Miami Beach, at which time and
place all interested parties will be heard.
PASSED and ADOPTED this 12th day of July , 1995.
ATTEST:
MAYOR
C TY CLERK
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LEGAL DEPT.
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EXHIBIT "A"
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 57 CI siS
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: July 12, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: SETTING A DA a • i I TIME FOR A PUBLIC HEARING TO CONSIDER
THE REVOCABL PERMIT REQUEST BY WEST BAY PLAZA INC.,TO
RETAIN SEVEN(7)COCONUT PALM TREES AND THIRTEEN SHRUBS
WITH LANDSCAPING AND IRRIGATION SYSTEM ON THE BAY ROAD
CITY RIGHT-OF-WAY ABUTTING THE APPLICANT'S PROPERTY
LOCATED AT 1688 WEST AVENUE.
Pursuant to the procedures set forth in the City Ordinance No. 93-2855 and the amended Miami
Beach City Code Chapter 33 for obtaining a Revocable Permit for the use of City owned property,
a resolution setting the date and time for a public hearing shall be submitted for Commission
consideration.
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission set a date and time for a public hearing
to consider the Revocable Permit request submitted by West Bay Plaza Inc.,to retain seven coconut
palm trees and thirteen shrubs with landscaping and irrigation system, adjacent to the applicant's
west property line located at 1688 West Avenue (see attached exhibit A), Lots 6, 7, 8, 9, 12, 13,
North half of 14 and portion of lot 10,Block 41,Belleview Subdivision, as recorded in Plat Book
6 Page 114, of the Public Records of Dade County, Florida.
BACKGROUND:
On June 30, 1993,the City Commission passed and adopted Ordinance No. 93-2855, amending the
City Code Chapter 33, and establishing procedures for granting revocable permits for use of City
owned property. Pursuant to Section 33-3 of this amended City Code,the City Commission shall
schedule a public hearing for the consideration of the proposed request for a Revocable Permit. •
West Bay Playa,a new condominium building that has just been constructed at 1688 West Avenue,
completed the landscaping including portions on City right-of-way according to their proposed
AGENDA ITEM e
DATE -7- 12"9 c
COMMISSION MEMORANDUM Page 2 July 12, 1995
building plans by March 1995. Upon final inspection of the project, the City's Public Works
Department found out and notified the developers that the palm trees and part of the landscaping
on West Avenue were on City right-of-way and had to be removed. The applicant, due to financial
and occupancy commitments, requested to apply for a Revocable permit to retain these trees and
the landscaping. The City's Public Works Department required that West Bay Plaza Inc. post a
bond for the cost of removing the landscaping and trees on the City right-of-way in case the
Revocable permit was declined and proceeded with processing the application. West Bay Plaza Inc.,
has completed and submitted the Revocable permit application requirements, including the
gummed labels for the property owners within 375 feet of this project, to be notified of the public
hearing.
•
ANALYSIS:
West Bay Plaza Inc., owner of property located at 1688 West Avenue is requesting to retain seven
coconut palm trees and thirteen shrubs with landscaping and irrigation system on the City right-of-
way on Bay Road, adjacent to the west property line of the West Bay Plaza project, which in
addition to the $1,000.00 application fee, shall generate an annual income of$429.00 to the City
for use of this property. Pursuant to the City's Revocable Permit Ordinance No. 93-2885 and
amended City Code Chapter 33,the applicant has submitted the application requirements together
with a list of property owners within a radius of 375 feet who have to be notified of the scheduled
public hearing. The City Commission is required to schedule a public hearing allowing at least
fifteen days notice to the property owners within 375 feet of the site.
CONCLUSION:
The City Commission should set a time and date for a public hearing to consider this request and .
application for Revocable Permit, allowing for the minimum fifteen days to notify concerned
property owners.
Attachment
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