96-22009 RESO
RESOLUTION NO. 96-22009
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF _
THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC
HEARING TO CONSIDER A REQUEST BY INTERSTOCK
DEVELOPMENT CORPORATION FOR A REVOCABLE PERMIT
TO RETAIN A HANDICAP ACCESS RAMP, STAIRS,
LANDSCAPING WITH ELECTRICAL LIGHTING, SPRINKLER
SYSTEM, AND A CONCRETE SLAB FOR OUTDOOR SEATING ON
THE 9TH STREET CITY RIGHT-OF-WAY ADJACENT TO THE
PROPERTY LOCATED AT 901 ALTON ROAD.
WHEREAS, Interstock Development Corporation is the developer of a shopping center
located at 901 Alton Road (Property); and
WHEREAS, on October 19, 1994, the Mayor and City Commission approved Resolution
No. 94-21364, authorizing the Mayor and City Clerk to execute a Revocable Permit in favor of
Interstock Development Corporation for the construction of a handicap access ramp, stairs,
landscaping with electric lights and sprinkler system, and a concrete slab for outdoor seating on the
9th Street City right-of-way abutting the south property line of the Property (Permit); and
WHEREAS, one of the conditions of the Permit was that it be granted specifically for the
use and benefit oflnterstock Development's tenant in that particular space, Andalusia Bake Shop;
and
WHEREAS, the Permit further stipulated that in the event that Andalusia Bake Shop was
no longer the tenant benefitting from said Permit, it would automatically terminate and be of no
further force and effect, and Interstock Development Corporation would be required to submit a new
Revocable Permit application to the City for approval; and
WHEREAS, subsequently, Andalusia Bake Shop did not occupy the designated space for
which the Permit was originally granted and issued, thereby making that Permit void and of no
further force and effect; and
WHEREAS, lnterstock Development Corporation now seeks to retain the improvements
granted under the former Permit for a new tenant that seeks to occupy the space originally leased to
Andalusia Bake Shop, thereby necessitating a new application; 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 aforesaid 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 lnterstock Development Corporation for a Revocable Permit to retain a
handicap access ramp, stairs, landscaping with electrical lighting, sprinkler system, and a concrete
slab for outdoor seating, on the 9th Street City right-of-way adjacent to the property located at 901
Alton Road, 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 17
, 1996 beginning at 3: 00 p.'m. and the City Clerk is hereby authorized and
directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami
Beach, at which time and place all interested parties will be
nJHM APPROVEU
By L1#LlJ&L-
Date 5/~1./;2C~~.
PASSED and ADOPTED this 5th
ATTEST:
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CITY CLERK
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ALTON RD
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO...3J 5-'1 L
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
June 5, 1996
FROM:
Jose GarCia_pedroSj!
City Manager .
A RESOLUTIO SETTING A DATE AND TIME FOR A PUBLIC
HEARING TO CONSIDER THE REVOCABLE PERMIT REQUEST BY
INTERSTOCK DEVELOPMENT CORPORATION FOR RETAINING A
HANDICAP ACCESS RAMP, STAIRS, LANDSCAPING WITH
ELECTRICAL LIGHTING, SPRINKLER SYSTEM, AND A CONCRETE
SLAB FOR OUTDOOR SEATING, ON THE NINTH STREET CITY RIGHT
OF WAY, ADJACENT TO THE APPLICANT'S PROPERTY LOCATED AT
901 ALTON ROAD.
SUBJECT:
ADMINISTRATION RECOMMENDATION:
To approve the Resolution setting a date and time for a public hearing.
BACKGROUND:
On June 30, 1993, the City Commission passed and adopted Ordinance No. 93-2855, amending
the City Code Chapter 33, and established procedures for granting revocable permits for use of
City right-of-way. 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 after an application is duly filed with the City.
Interstock Development Corporation, owner and developer of property located at 901 Alton Road,
has completed an application and is requesting to retain a wall and stairs, a handicap ramp,
landscaping with electrical lighting and sprinkler system and a slab for outdoor seating, on the
Ninth Street City right of way. Interstock Development Corporation was issued a Revocable
permit under City Resolution # 94-21364 in October 1994, contingent upon use of the outdoor
seating area by Andalusia Bake Shop only. Since Andalusia Bake Shop did not occupy the
designated space with the access stairs and the outside seating, the previous permit will be revoked
and the new application for a new tenant (Yoko's Japanese Restaurant) will be submitted for a
AGENDA ITEM C.- 1 'IV\.
DATE &5-~('
COMMISSION MEMORANDUM
Page 2
June 5, 1996
public hearing and City Commission approval.
ANALYSIS:
Interstock Development Corporation owner and developer of the Andalusia shopping center at 901
Alton Road, is requesting to retain the use of the City owned right of way adjacent to the
applicant's property on Ninth Street, for the stairs, wall and outdoor seating area to a food
catering space at the Southwest comer of the shopping center, a handicap ramp to the retail stores
area, and landscaping with electric lights and sprinkler system. The outdoor seating permit for
approximately 300 square feet will generate an annual income of about $3,000 and a Revocable
permit fee of about $1,300 to the City.
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 concerned property owners.
CONCLUSION:
The City Commission should set a time and date for a public hearing allowing a minimum of
fifteen days to notify concerned property owners.
Attachment
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