HomeMy WebLinkAboutR-00-0847J-00-802
9/18/00
RESOLUTION NO. ' 8 71
A RESOLUTION OF THE MIAMI CITY COMMISSION
APPROVING THE RECOMMENDATION OF THE DIRECTOR
OF THE PLANNING DEPARTMENT FOR ISSUANCE OF
CLASS II SPECIAL PERMIT APPLICATION
NO. 00-0144, SUBJECT TO THE CONDITION THAT
THERE SHALL BE NO WRITING PERMITTED WITH THE
MURAL AND OTHER CONDITIONS AS RECOMMENDED BY
THE DEPARTMENT OF PLANNING, FOR THE PROPERTY
LOCATED AT APPROXIMATELY 100 NORTH BISCAYNE
BOULEVARD, MIAMI, FLORIDA, PURSUANT TO
SECTION 401 OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED.
WHEREAS, the Director of the Department of Planning is
recommending approval of Class II Special Permit Application
No. 00-0144, with conditions, for the property located at
approximately 100 North Biscayne Boulevard, Miami, Florida; and
WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, requires City Commission
approval of the Class II Special Permit as hereinafter set forth;
and
WHEREAS, the City Commission after careful consideration of
this matter, finds the application for a Class II Special Permit
does meet the applicable requirements of Zoning Ordinance
No. 11000, as amended, and deems itadvisable and in the best
CiTy CO ssiox
MEETING OF
S E P 2 8 2000 °A
interest of the general welfare of the City of Miami and its
inhabitants to approve the recommendation of the Director of the
Department of Planning to uphold the issuance of the Class II
Special Permit, subject to the condition that there shall be no
writing permitted with the mural and other conditions as
recommended by the Department of Planning;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The recommendation of the Director of the
Department of Planning to issue Class II Special Permit
Application No. 00-0144, subject to the condition that there
shall,be no writing permitted with the mural and other conditions
as recommended by the Planning Department, for the property
located at approximately 100 North Biscayne Boulevard, Miami,
Florida, is hereby approved, and the City Commission finds that
the issuance of Class II Special Permit Application No. 00-0144,
with conditions, does meet the applicable requirements of Zoning
Ordinance No. 11000, as amended.
Page 2 of 2 847
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
PASSED AND ADOPTED this 28th day of September , 2000.
JOE CAROLLO, MAYOR
In accordance with f1,'iiami Code Sec. 2-36, since the Mayor did not indicate approval of
=.E'f ctivc kAvith l±qe alai
regai inn Sun , withoult the M
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED,AS TO,kORM AND CORRECTNESS:ej
907, VILARELLO
YNEYW468nr:BSS
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
Page 3 of 3 L �i
TO
FROM
® CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DATE:
of the City Commission
SUBJECT:
REFERENCES:
ENCLOSURES:
Ci
RECOMMENDATION
• PZ -3
FILE:
Request for Class II Special
Permit # 00-0144 for Mural
at 100 Biscayne Boulevard
It is respectfully recommended that the City Commission approve the attached request for
a Class II Special Permit for the proposed Sign of graphic or artistic value with a
commercial message at 100 Biscayne Boulevard.
BACKGROUND
The attached request is for a Class II Special Permit for a sign of graphic or artistic value
containing a commercial message for Perry Ellis. The building on which the sign is to be
located is the Bank Atlantic building within downtown area and located at 100 Biscayne
Blvd. The property consists of CBD Zoning which allows such signs and requires the
City Commission to approve the proposal.
• The Planning and Zoning Department has referred the proposal to the Urban
Development Review Board, where the board forwarded their vote of approval for the
sign; 6 to 3 with a condition; to the Planning Director. The condition of approval is as
follows:
The graphic designer shall move the Perry Ellis title block to the bottom edge
of the image approved by the board. The letters should be the same size and
the color of the letters is left to the discretion of the graphic designer.
• The department has reviewed the proposal and has found the sign and commercial
message to be consistent with the intent of the Ordinance.
Based on these findings, the administration is recommending approval of the request as
submitted.
CAG/DB/4'YS —
mml
08/2ai�0 09:57 '$is 477 4750 AK.-ZW*# CO)
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AFFIDAVIT
Before me, the undersigned authority, this day personally appea! ?d
who being by me first deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the
accompanying application for a public hearing as required by the Code of the City of Miami,
Florida, affecting the real property located in the City of Miami, as described and listed on the
foregoing pages of this affidavit and made a part thereof.
2. That all owners which he/she -represents, if any, have given their full. and complete
permission for him/her to act in his/her behalf for the change or modification of a classification or
regulation of zoning as set out in the accompanying petition.
3. That the foregoing pages are made a part of this affidavit contain the current names,
mailing addresses, telephone numbers and legal descriptions for the real property of which
he/she is the owner or legal representative.
4_ The facts as represented in the application and documents submitted in conjunction with
this affidavit are true and correct_
Further Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was
20 v U , by -7).a U ll')
before me this C��day of
E of
corporation, on behalf of the corporation. He/She is personally known to me or has
produced Pj�SOI)j L bAyltZL-6s identification and who di:*(did not) take an oath.
(Stamp) �► •�.,.aG Signature
Stam ��*' 44ARTMA R. D[LIBERTO
.A MY COMMISSION # CC 960737
EXPIRES: Oa 25.2003
1 -WD -3 -NOTARY F4L Notwy SeMos & B0nc g Co.
10002
APR. -09' 99 (FRI ) 15:39 NEW WOOTOWER TEL: 30510 5747 P.004
OWNER'S LIST
Owner's Name NWT Partners Ltcl
Mailing Address 1111 Lincoln. Road, Suite 800 Miami BeaclZip Code 33139
Telephone Number -305.538.'8558
Legal Description: Please see attached Schedule "A"
Owner's Name
Mailing Address Zip Code
Telephone Number
Legal Description:
Owner's Name
Mailing Address Zip Code,
Telephone Number
Legal Description_
Any other real estate property owned individually, jointly, or severally (by corporation. pat'mership or privately) within
375 feet'of the subject site is listed as follows:
Street Address
130 Biscayne Boulevard
Street Address
Street Address
1,Mnlar
Legal Des' tion
Miami North PB B 1 _ S24FT
of lot 2 & all of lot 3 less
W 5ft thea ofBIBI V 1102 lot size 12'506sfription
Legal
Legal Description
0— 8547
08/29/00 09:58 'a* 477 4750 AK:.-ZWs# CO
DISCLOSURE OF OWNERSHIP
1- Legal description and street address of subject real property,
See attached Schedule"A"
2. Owners) of subject real property and percentage of ownership. Note: The Code of the City
of Miami requires disclosure of all parties having a financial interest, either direct or indirect,
in the subject matter of a presentation, request or petition to the City Commission.
Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of
trusts, and/or any other interested parties, together with their addresses and proportionate
interest.
Property is owned 100% by NWT Partners, Ltd., of which 1% is owned by
NWT, Inc., the general partner. The balance is owned by Plaza IEA
Partners and Leon J. Simkins. Please see attached Exhibit "A".
3. Legal description and street address of any real property (a) owned by any party listed in
answer to question #2, and (b) located within 375 feet of the subject real property,
Legal: North Miami PB B41
S 24' of lot 2 & all lot 3 less w 5' there
Blk 102 lot size 12506 s.f.
Street Address: 130 Biscayne Blvd.
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoin i tnument was acknowledge before me this 3�day o
"jW
20 00 r by - !� N - 7C of
Ven—
oc rporation, on 6ehalf of the corporation. He/She is personally known to me or has
produced "Qu41, as identification and who did (did not) take an oath.
-A
(Stamp) VSignature
�v
A" G°1f,'ARTHA R. DILIBERTO
a� MY COMMISSION # CC SW -717
A
~�1-01 fl�P EXPIRES: Oct 25, 2003 `
14)003 -NOTARY Fla Notary Service 8
Bonging Co.
it 003
EW WORLD TOWER (page 1. of 2)-
SCHEDULE NA".
Lands
Parcel 1:
Lots 1, 2 and 3 of Smith Subdivision of Lots 4, 5 and 6 mi
Block 102 North, City of Miami, according to the Plat thereof, as
recorded in Plat Book 3, at Page 5, of the Public Records of Dade
County, Florida, Less Parcel A (as. hereinafter defined), together
with the following appurtenant right-of-way and easement:
Parcel "A":
A Portion of Lots 1, 2 and "3 of the SMITH
SUBDIVISION of Lots 4, 5 and 61n Block 102,
NORTH CITY OF IviIANII, according to the Plat
thereof, as recorded in Plat Book 3, Page 5, of the
Public Records of Dade County, Florida, and being
more fully, described as follows:
Beginning at the Southwest corner of said Lot 1,
thence on an assumed bearing of North 90000'00"
East on the South line of said Lot 1, a distance of
9.00 feet; thence North 00000'15" Fast, a distance
of 56.00 feet; thence South 89059'45" East, a
distance of 5.40 fest; thence North 00°00'15" East,
a distance of 17.50 feet thence North 89°59'15"
West, a distance of 5.40 feet; thence North
00'00' 15" East, a distance of 39.50 feet; thence
North 53 °07'43" West, a distance of 11.25 feet to
a point on the West line of said Lot 3; thence South
00'00'15" West on the West line of said Lots 3, 2
and 1, a distance of 119.75 feet to the POINT OF
BEGINNING; and
Parcel II:
A non-exclusive right-of-way and easement on and over Lot 6, less
the. North 28 feet thereof of Smith Subdivision of Lots 4, 5 and 6
in Block 102 North, City of Miami, according to the Plat thereof,
as recorded in Plat Book 3, at Page 5, of the Public Records of
Dade County, for the purpose of ingress and egress from Northeast
Third Avenue to Lots 1, 2 and 3 of Smith Subdivision of Lots 4,.
5 and 6 in Block 102 North, City of ,Miami, according -t6 the Plat
RE09999W muascn-901ofa
savn
® 0®- 84
Parcel III:
Parcel IV:
RE�0999�0003UtSCJL90Z018
YJ07II1
1Y1Lw "VAI D 1VWr,K page L of 1) !;_
SCHM_ ULE "A" (Cont'
Lands
thereof, as recorded in Plat Book 3, at Page 5, of the Public
Records of Dade County, Florida, subject to those ceitain terms
and conditions set forth in that certain Right -of -Way and Easement
Agreement dated September 27, 1979, recorded in Oficial Records
Book 10527, Page 1401, _and that certain Assignment of Right -of -
Way and Easement Agreement dated December 29, 1980, and
recorded in Official Records Book 10971, Page 1866; and
The South 24.00 feet of Lot 2 and all of Lot 3 in Block 102 North,
A.L. Knowlton, Map of Miami, according to the Plat thereof, as
recorded in Plat Book B at Page 41, of the Public Records of Dade
County_ , Florida; less the West 5 feet of Lot 2 and less the West
5 feet of Lot 3. _
Tax Folio Nos. 01-0110-020-2010 (Parcel n
O1-0110-020-1040 (Parcel III); and
An exclusive easement over Parcel A.
2
00-r 847
Exhibit A
NEW WORLD TOWER
-
NWT Partners, LTD. - Owner
General Partner: Stock Holders
Ownership
Interest
NWT, Inc.
1% Interest of Limited Partnership
Michael B. Wemer
0.22%
1.00%
Benjamin Garfinkle
D.22%.
David Garfinkle
0.16%0
Leon, Simkins
0.40%
- Total %
1.00%
Limited -Partners:
General Partners
Plaza IEA Partners: Michael B. Wemer
.2198%°
59.40%
A Florida General Partnership Benjamin Gartinkle
21.98%
David Garfinkle
15.44%
Total %
59.40%
Leon Simkins-
39.60%
39.60%
Total:
100.00%
"` 847
""' "••� • • '•"••u��t �uu.\�uaun.�.,�yyR1i.'lytil tyL•V\'J J'/J riJJ l'UJ
I�PARTNERS, LTD.
GE1� UAJ. PARTNER CERTIFICATE
The undersigned, being the duly elected and iocumbant Secretary of NWT, Inc., a Florida
corporation (the "Corporation"), the general partner of IN'WT Partners, Ltd.,a Florida hmited
partnership (the "Partnership"), hereby certifies as follows:
1. Attached to this certificate as Exhibit `A" is a true, correct and complete copy of the
Reschntions duly ado ed by the General Putney of N T. Pa*rers, Lad,, a Florida Limited
Partnership on the `Hay of October, 1999. Such Resolutions have not been amended or
modified and are in force and effect in the form adopted as of the date of this certificate.
Dated as of the dayof October, 1999.
NWr Partners, Lrd,
a Florida limited partnership
By. NWT, Inc.,
a Florida corporation,
its General Punier j
By: —
David G
Title: Secretary
E�iIBTT "A".
WHEREAS, NWT, inc., as the General Partne- of the Partnership (the "General Partner"), has
been working with the City of Mrami regarding a change or modification of a classification or
regulation of zoning for the approval and maintenance of a mural on a building owned by the R
Partnership located at 100 North Biscayne Boulevard, Miami, Florida (the "Building")i and
WHEREAS, tner the General Parhas appointed AK Media Group, -Inc. ("AK Media*) to act as its
agent only and exclusively for the purpose of assisti :g it in changing or modifying a clarification or
.regulation of zoning for the approval and maintenance of a mural on the Building.
RESOLVED, that, subject to the purpose of these resolutions, AK Media has the limited authority
to act on behalf of the General Partner only and exclusive4r in those matters regarding a change or
modification of a classification or regulation of.zoning for the approval and maintenance of a mural
on the Building and in negotiating the terms and conditions pursuant to which the Partnership will
place and maintain a mural on the Building and
FURTHER RESOLVED, that it is deemed to be in the best interest of the Parmership to have AK
Media take, subject to the purpose of these resolu:.ions, such actions reasonably necessary in the
opinion of the General Partner with the City of Miami regarding a change or modification of a
classification or regulation of zoning for the approval and maintenance of a mural on the Building
and in negotiating the terms and con6tions pursuant to which the Partnership will place and
mai..-vain a mural on the Building; and
FURTHER RFSOLVED, that AIC Media is hereby authorized, empowered and directed to execute
and deliver such documents, instruments, cemficatei and other agreements and to do all other
things reasonably necessary in the opinion of the General Parmer to carry out the purpose of the
foregoing resolutions.
:ODti: � 191P-.,rpners4ip s��c
SEP. -03'99(FR 1 16:05 RAFFERTY,GUT[ERREZRSANCHEZ48ALLI TEL:305 3" '7L:
�s�zHzi' nAn
CONSENT IN WRITING OF
THE BOARD OF DIRECTORS OF
NWT, INC.
P. 003/004
Me undersigned, consdtuting the entire Board of Directors of NWT, INC., a Florida
corporation (the "Ccrperation"), do hereby agree, oursuars to Section 607.0821 of the Florida
Statutes, cleat the following resoluticns of the Board of Directors of the Corporaricn be adopted by
written consent without a meeting:
- WHEREAS, Nell', Inc.. as the General Parmer of NWT Partners,
Ltd.,. a Florida limired para=hip (the "Parmersiip") has been
working with the City of Miami regarding a change or modification
of a c]assificarion cr regulation a zoning for tae approval and
maintenance of a mur.� on a pudding owed by the Partnership (the
"Building"); and
WHEREAS, it is deemed to be in the best interest of the Partnership
to ratify, affirm and aoprove a:l =-ions Taken by the General Partner
of the Parmenhip in its work with the City of Nam: regarding a
change or medificarion of a ciaasiscation or renulatior, of zcni_-ng for
,J -,e approval and maintenance of a mural on the BuZi4 and in
negouar�r.e the terror and conditions pursuant tc which the
Partnership will place and rnaintain a mural on tree B61di*ne.
FISOLVED, &-at itis deerned to be in the best interest of the
Partnership to mrify, affirm and approve all ac -dons taken by tlne
Gener,.i.P..rmer of the Partnership in its work with the City of Ariarti
regarding a chengc or modification of a classificarion or regulation of
zoning for the approval and maintenance of a mural on the Buddat;
and :n negotia=- the terms and conditionspursuant to which the
Partnership will place and maintair. a mwnl on rte Building; and be is
FURTHER RPSOTVED. tha: David Garfu-ide has the corporate
autherm- to iR on behalf of the General Pc.-cner in a-17 matters
reg..rding chane or modification of a classification or reaaadon of
zo=g for the approval and maintenance of a nursl on the &;ilding
and in negeciating the terms and conditions pur suart to which the
Pamtersrip %v place x.d maintain a mural on the Bulding; =d be it
00- 847
uaiusraa FR iz F JF 055311v 7 iEe uxut�li
SAY.-U91FRt; 10:1 RdF6RTY; GGT�6&sbzfpS�N,CHBU9ALLf t'6L:306 375 2733 Y: uU3JOn? WJ ouaioue
FURTHER RESOLVED, tim Dovid Garfiakle, Via President of
the Geaetxl Pattaer of tho Pumetahip, is hemby auuhar nod,
onq7 w=vd and &eeved to mmemna and deliver all doaamento.
unstrut wan, certi6cmm and othar 40,mveaus and to mai ,e any and
AD ¢a &iom and to do ail other things necessary to carry out the
purpose of the foregoing reaolntiaar, and be it
FUii.THM RMLVfiD, that a U past =W preat acts and doedb of
David Garfinkle which ate coasisw=vkh the pwposes sad intent of
the fare gaa�u-nugg rewhnions be, acrd each of them beaeby are, in Z
tftllp sv>fied, approved and adopted as the sets and deeds of the
Dated as of the l rk day of Septem, brr,19".
r
L1
NgcbadB,'Wamcr
Darld Garfuakie
Beajacairu Garfinkle
Coustituring $ll of the Dire=ors of the
Corporation
:co�.oloV�„ a,reep,,,K
SEP. -03' 99(FR!) 16:05 RAFFERTY, GUTIERREZ.kSANP�HEZABALLI TEL:305 375- 2735 P.004/004
FURTl-R RESOLZ'EL, for David Garfinkle, Vice President of
the General Partner of the ?umership, is hereby authorized,
empowered and directed to execute and d Over all documents,
instruments, certincates and other agreements and to waive any and
all conditions and to do all other things necessary to carry cut the
purpose of the foregoing resolutions; and be it
FMT!-MR RESOLVED, rhat all past and present acts and deeds of
David Garhnkie which are consistent with rhe purposes and intent of
rhe foregoing resolutions be and each of them hereby are, in all
respects, ratine:; approved and adopted as the acts and deeds of the
Partnership.
Dated as of the day of September, 1999.
Benjatnn Garfnkle
Consr,n;ting all of :he Directors of the
Corporation
FUFMMR MOLVBD, that David. GLdaack, V= Presidr=t of
the Geacral P&=tr of dir. P=nersiup, is hereby authoroad,
empowered and dirarced to eucurc and deliver all documents;
in6trunwn;61 cer iGnIes Wi d other Tem=nta and to Waive any and
alt conditions sad to do alt Otbor t y aecessa y to carry otit the
purpose of the foregoing reseludoar, and be it
FM HER RBSOLVED. thzt alt pm and present acts and duds of
David CuLAklr which are consimm with tate purposes sad intent of
the fo-doing resolutions be, and ea=h of them bereby are, in all
respects, rarified, approved and adopted as the lata sad deeds of cite
Panners}up.
Dated at of the r qday of Scprembar,1999.
Michael $. 13'azcrcr
rDavid Garfrnlde
Z
ajaazirr Gariinklr
Constitut4 all of r r Directem of the
Corporation
i:�:,olvtr+asneaFlsu�
00
8 47
961708Z8808 6T:ZZ
666T/60/60
!17'Y;DEF,ii.s.,made,as of she `.:'. day of February, 1997
1�AAI. ESTATE LIlVIITED. •PA�RT'NERSHIP, a Delaware
�ose:l?ostbffce address is �7o Att;lion Group; LP, ;600 East
Irving, Texas 75039, Atte: John Marshall.and Dixon Rich,
londa itnuted artiiersht "
P p ;( Gzantee ), `ivhose .post office
aaaress is cio investment Egwaes Assoaates 1111 Lincoln Road Suite 800 Miami Beach,
Flonda 33139, Aitn A4r` Mtchael B. kVerner.� '
W ITNEsui-4TH:
Gzantor, in consideration of TEN AND N0/100 DOLLARS ($10.00) and other good and
valuable consederatton paid by Grantee, has granted, bargained and sold, and by these presents
does grant; bargain and :sell, to Grantee, Grantee's heirs and assigns, as appropriate, forever,
the; following property situate in Dade County, . Florida, as more particularly described in
Exhibit "A° attached hereto and made a part hereof by reference (the "property-).
%This. conveyance is.subJto: (i) taxes and assessments for the year 1997 and thereafter;
and (u) condlttons; reservat.. ions, restrictions and casements of records.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging
or in anywise:appertaining.
TO HAVE AND TO HOY.D, the same in fee simple forever.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized
of said land in fee simple; that the Grantor has good right and lawful authority to sell and
convey said land, and hereby warrants the title to said land and will defend the same against the
lawful claims of all persons claiming by, through or under the said Grantor.
[SIGNATURE ON FOLLOWING PAGE)
00 847
•
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84
,G
NorW3L53°(West, a distance of IT 25 feet ti
p±aint}on,th eest Mme of sazd Iot 3, thence Soul
OOnQ015'�esi'theesc lu�e;of id I. 3,
azidZ,,`a �staoce of xl9 75 feet to the INT. :O]
F"rrt�tirwr._,,a
�" ,. Tax Folio Nos Q1-0i1Q-420-201U
Ol VLV'yyYV-0i1V.'(Pamx1�13 7 _l
.
An exclusive easement over Parcel -A.