HomeMy WebLinkAboutR-99-0828a (a
J-99-884
10/25/99 () ,
RESOLUTION NO. *-►'=�
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. 99-0142, 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, 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. 99-0142, 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 it advisable and in the best
interest of the general welfare of the City of Miami and its
inhabitants to approve the recommendation of the -Director of the
CITY cordmssION
ib:EETUIG OF
C' C T 2 6 1999
Resolution No.
09- 528
Department of Planning to uphold the issuance of the Class II
Special Permit, subject to the condition that there shall be no
writing perrmitted with the mural and other conditions as
recommended by the Planning Department;
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
thereto and incorporated herein 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. 99-0142, subject to the condition that there
shall be no writing perrmitted 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. 99-0142, with conditions, does meet the applicable
- 2 - ��-- CI9Q
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requirements of Zoning Ordinance No. 11000, as amended.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 26th day of October 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2.36, since the Mayor did not indicate enprovd of
this legislation by signing it in the designated place provided, said lei %Ow
becomes effective with the elapse of ten (10 day om the date of Comr or
regarding same, without the Mayor exerc' in to.
ATTEST:
Walter oeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROV AS O j ORM�CORRECTNESS
C1T ATTORNEY
860:YMT:eij: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.
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cJ
0 PZ-2
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: I?onal H. Wazshaw
City Manager
RECOMMENDATION
DATE: 0 C T 19 999 FILE
SUBJECT: Class lI #99-0142 for a Mural at
100 N Biscayne Boulevard
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached request with the
condition that Alternative #5 be implemented vs. Alternative # 1 as selected by the Urban
Development Review Board (UDRB).
BACKGROUND
The attached request for Class II Special Permit for a mural with a commercial message to be
located at 100 N Biscayne Boulevard was recommended for approval of Alternative #1 by the
UDRB on September 8, 1999. The Planning and Zoning Department recommends that
Alternative #5 be implemented finding that it is more appropriate.
DHW/DB/A
AS/L/ar
09- 828
.APR..-'9' 99 (PRI) 15:39 NEW WORT VER TEL:305 3 5747 P. 002
W
AFFIDAVIT
STATE OF FLORIDA }
COUNTY OF MIAMI-DAD1: ) 5S
Before me, the undersigned authority, this day personeJly appear `
Who being by me fast duly sworn, upon oath, deposes and says:
I . That he/she is the owner, or the legal r'eMsentetive of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Qrdinance of' the City of Miaati, Florida, affecting the real propeny located
in the City of Miami, as described and listed on the pages attached to this airldavit and made a part thereof.
Z. That all owners which he/she r'eprtsents, if any, have given their full and compleftTermission 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. 1.
3. That the pages attached hereto and made a pan of this affidavit contain the rumen: natncs, mailing addresses,
telephone numbers and legal descriptions for the real property of which hefsho is the owner or legal representative.
4. The facts as represented in the application and daeuments submitted in conjunction with this affidavit a_� true
and correct.
Fu4ther Affiant sayeth not.
STATE OF FLORIDA
COUNTY OF MLkNV-DADS
�
The foregoing insmiment was
19-_1 _, by =A t P-h K;=l
He/Ske is personally known to me
and who " (did not) take an oath,
.tpY P&&
MARTHA R DILIBERTO
My Commission CC505W?
M c� Expires Oct. 25, 1999
zoo®
Applicant's Sigtu )ez-7Si e-7
�-
before rite this 64"
of
!��--- eorperatiog on behalf Of the co oration.
i / �� -,
Name:
Notary Public -Stag of Florida
Commission No,:
My Commission Expires:
ax vraaK xV
i)zf— 828
09DCbTL90C YV3 Z0;9T 1HA
66/60/r0
APR. -09' 99(PRI) 15:39 NEW WO �k' t TOWER
TEL:30S'L �1 5747 P.004
0"'NER'S LIST
Owner's Name ,Trr.„
Mailing Address 1111 Lincoln Road, Suite $00 Miami Beacl�i
Telephone Number 305.538.'855 g ' Code__jILaq
Legal Description:
Owner's Name
Mailing Address
Please see attached Schedule °A«
Telephone Number ziP Code
Legal Description:
Owner's Name
Mailing Address
Telephone Number Zip Code
Legal Description:
Any other real estate propMy owned individually, jointly. or severally (by co
375 feet of the subject site is listed as follows: rporation
• Pa+'tttetship or privately) within
Street Address
130 Biscayne Boulevard
Street Addttss
Street Addrem
Miami North ppl BcsB4PPoS24FT
Of lot 2 & all of lot 3 less
W 5ft thereof Blk 102 lot size 12505sf
Legal Description
Legal Description
9-� 828
APR. -0!' 99(FRI) 15:39 NEW ii'OROWER TEL:305 747 P. 003
7 iv
DISCLOSURE of OWNERSHIP
1. heatl description and street address ofsubject real property:
Please see attached Schedule "Alt
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Coda of the City of
Miami requires disclosure of all parties havi
Presentation, request or petition to iha City ng a financial interest, either director indirect„ in the subject matter of a
Commission. Accordingly, question #2 mquines disclosure of
shareholders of corporations, beneflcl4 ies oPtrusts, and/or any other interested parties, togcther with their addresses
and proportionate interest.
Property is owned 100% by NWT Partners, Ltd, of which 1% is owned b
NWT, Inc., the general partner. The balance is owned by Plaza IEA y
Partners and Leon J. Simkins. Please see Exhibit "All attached.
3. Legal description and su"t address of any real property
(b) located within 375 feet of u teatproperty.
p P RY ($) owned by any parry listed answerto question 42, and
Legal : Miami North+ pr°'p° �'•_
S 241of lot 2 g all lot 3 less w5'thereof
Blk 102- lot size 12505-s.f.
Street Adress: 130 Biscayne Boulevard
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
NWT Pan s , Ltd; b NWT, Inc.
By Dav Gar e, Vice President
The foregoing instrument was acknowledged before me this 2 2nd
1999 . by day of April
a of
Hel M Personally kno own to me OR F orid cotporation, on behalf of the corporation.
iit4B4r
and who Aiicb(did not) take an oath.
MARTHA R DILIBERTO Name:/] t, - 1
* My ccmmise" ccsossg7 e L r e���
r=XP;,,, 0CL xs. t /N� Notary Public -State of Florida
'�f DF FI�P`O Commission No.:
MY Commission Expirev.
'99- 828
C00(A I'd vrama uv
NEW WORLD 'POWER (page 1 of��-
.?
SCHEDULE
Lands
Parcel 1:
Lots 1, 2 and 3 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, 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 6 in Block 102,
NORTH CITY OF ML4M, 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" East, a distance
of 56.00 feet; thence South 89 °59'45" East, a
distance of 5.40 feet; thence North 00 °00' 15" East,
a distance of 17.50 feet thence North 89 °59' 15"
Nest, 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
00000'15" 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 to the Plat
rtF �s+000, u+srrtsoz.oi e
— Eta
99- 828
Parcel III:
Parcel IV:
I%MSC _gn0Js
19
Auw "",v ivwrx kpage G of 2)
SCIffMTJLE n n ,
.. A (Cbnt de a., J,.
Lands
thereof, as recorded in Plat Book 3, at Page 5, of the Public
Records of Dade County, Florida, subject to those certain terms
and conditions set forth in that certain Right -of -Way and Easement
Agreement dated September 27, 1979, recorded in official 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 1)
01-0110-020-1040 (Parcel M); and
An exclusive easement over Parcel A.
2
- 101928 c � r� �.
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Exhibit A
NEW WC)RLD T()WoR
NWT Partners, LTD. - Owner
General Partner: Stock Holders
NWT, Inc.
Michael B. Werner 0.22%
Benjamin Garfinkle 0,22%
David Garrinkle 0.16%
Leon Simkins 0.40%
Total % 1.00%
Limited Partners:
General Partners
Plaza II_,4 Partners:
A Florida General Partnership Michael B. Werner
P Benjamin Garfinkle
David Garfinkle
2�I,ggo�a
21.98%
15.44%
Total %
59.40%
Leon Simkins:
39.60%
(f ':
Ownership Interest
1% Interest of Limited Partnership
1.00%
Total:
59.40%
39.60%
10-- 0.00%
99- 828
Illt I. 1 K;hhtN'Ii, Ul'flthkELF.�r�tNEL ��Li l TEL .l:
� , :17: 2"35 P I�UZrOQ�
ti
NAT PAP..TN AI.LTb
GEI1'F,j�°1'ARERCFRTIFI =
The undersigned, being the duly elected and incumbent Secretary of NVv-T, Inc., a Florida
corporation (the "Corporation"), the general partner of IN'WT utnpartners, Ltd., a Florida limited ptxahip (the "Partnership"), hereby cetti5es as foLows
1. Attached to this certificate as Exhibit "A" is a true, correct and complete copy of the
Resolutions duty ado ed by the General Partner of Nv T Partners, Ltd., a Florida Limited
P�'�hip on the f6Hay of October, 1999, Sach 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 T M. October, 1999.
N rPartners, Ltd,
a Florida limited partnership
Dr NWT, Inc.,
a Florida co on,
its Gear
1?f:
David G
Tide: Secretary
99- 828
l RnrrLfll I, it l Itp. e,-A,.t1tLn[nLLI ICL it,,, J ,. JJ
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Ek'biIBIT "A"
WHERUS, NTT, Inc., as the General Partner of the Partnership (the "General Partner"), has
been corking with the City of Miami regarding a change or modification of a classification or
regulation of zoning for the approval and maintenance of a nttlral on a building owned by the
Partnership located at 1C0 North Biscayne Boulevard, Miami, Florida (the "Building"), and
WHEREAS, the General Partner has appointed .SIC Media Group, Inc. (OAK Media") to act as its
agent only and exclusively for the purpose of assisting it in banging or modifying a clarification or
regulation of zoning for the approval and maintenance of a mural on the Building.
RESOLVED, tha4 subject to the purpose of these reschations, AK Media has the limited authority
to act out behalf of the General Painter only and exclusively in dose 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 Pamtership will
place and maintain a racial on the Bddirtg; and
FARTHER RESOLVED, that it is deemed to be in the best interest of the Partnership to have AK
'Media take, subject to the purpose of these resolutions, 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 conditions pursuant to which the Partnership will place and
maintain a mural on the Building; and
FURTHER RESOLVED, that AK Media is hereby authorized, empowered and directed to execute
and deliver such documents, instriinirn s, certificates and other agreements and to do all other
things reasonably necessary in the opinion of the General Partner to card• out the purpose of the
foregoing resolutions.
1Gt6..I191Pxmc%bPX c
99- 828
SEP. -03' 990h 16:05 011A`�1117
EP.T'1,GUTIERREZKSAN(�HEZAE?ALL.I TEL:305 a'3-�i3i• P. 003i004 -
r;
EXi MIT "A"
CONSENT IN v6M'nNG OF
THE BOARD OF DMECTORS OF
NVe'T, INC.
The undersigned, constituting the entire Board of Gireaors of Na" r, INC., a Florida
corporation (the "Corporation"), do hereby One, pursuant to Section 607.0921 of the Plorida
Statutes, that the following resolutions of the Boars cf Directors of the Corporation be adopted by
written consent without a meeting:
WHEREAS, N r, Inc, as the General Parner of N-Wrl Pa=e: s,
Ltd.,. a Florida limired partnership (the "Parmership") has been
worsting with the City of Miami regarding a change or modification
of a dassi"tion cr regulation of zoning for the approval and
maintenance of a mural on a building ouned by the Partn ship'the
'Building"); sad
WHERY—A4, it is deemed to be in the best interest of the Partnership
to ratify, affirm and approve all actions taken by the General Pumaler
of the Partnership in its work with the City of Nfarni regarding a
change or modification of a dassiacttion or regulation of using for
the. approval and maintenance of a mural on the Buiding and in
negotiating the terms and conditions furs -ant to which the
Partnership will place and =Lntain a mural on the Building.
RESOLVED, that it is deemed to be in the best interest of the
Partnership to ratify, affirm and approve all actions taken by the
General P:.rtner of the Partnership in its work with the City of kiarni
regarding a charge or modification of a cassificuion or re- :lxcor, of
zoning for the at, and mainreaa ace of a mural on the Build:n;
and in negotiating the -,e.^rs and conditions purst:zrt to which the
Partnership will place =d maimain a mural on the Bui'.dLig; and b: it
Fi ?tT, iWR RESGLVED. that David Garfinkle has the corporate
authcrt%- to act on behalf of the General Posner L-, aLt matters
reg--ding a change or modific:rier. of a classificador o: regti:larion of
zoning for the approval and maintenance of a mlr,1 on the sjLZil ne
and Ln negctiacing the rerrns and conditions pursuaru rc which the
Psrme:szip illl place and mzinuir a m-4ral on the Bu_'din,; —,- d be it
99— 828
N1 U?9 IFRIfi 0 31 SS3IAFFERTYE4�t;T16BRZ�SA ilEt�,iIALLI T6L 3US 1T3b Y UUo/0@7
1004/006
2
FL1'lT M RESMVED, *9 David Garfinkle, Vwe President of
the GeaeW Pamyer of the hseraK*p, is hemby amh,6zed,
baipo�vrrad aid dirmed to *maw and deliver ail docun mts,
iascnu»tam, cat&um and other end to vain any and
aU conditions and to do 0other �u to terry out the
purer se of the faMoh,S retolutim,, .nd be k
FUR7T- U RMLVED, that aU part and ptneat nett and deeds of
David Garfi" Which are cOadst= VA9h dw ptup;su ad imm of
the flamleu� r�esolutioaa be, atoll each of them hereby arc, in aU
� 1L red. approved ad adopssd as the aces and deeds of the
Dazed as of ch � k day of Septemberi 3"9. r
NfuJtad B. warm
David Gwfiinkle
Saab Garacz =9"
Conatfttain all *Me Direarors ofthe
coqmldou
:"ZQ
SEP. -03' a9IFR!j I(AS FFERTY, GIITIERREUSANi,HEi,A6ALLI TEL 30a 3 3 2'S5 P e04/004 +
RMTIM ?RESOLVED, &at David Garfinkle, Vice President of
the Gener2l Partner of the i?armership, is hereby autharized,
empow"d and directed to 'execute and defiver all documents,
insuvraertu, certificates and other agreements and to waive any and
all conditions anti to do all other things necessary to carry out the
purpose of the foregoing resolutions; aad be it
RATHHR RESOLVED, that W past and present acts and deeds of
David Garfinkie which are consistent with the purposes and intent of
the foregoiq resolutions be, &nd each of theca hereby are, in ail
respects, tamed, approved and adopted as the acts cad deeds of the
Partnership.
Dazed as of the I day of September, 1999.
Benjamin Garfinkl;
Constituting all of the Dircxtors of the
Corporation
99- 828
. v, r.nrrcni,, ai tt!,'auO o'J as r. Utw/Uql —
" .
FUR'EM it]rSOLVED, that David GerfW;le, 'Via PreskL:.tt of
the Gtocral Portsrrr of the Pa.Y me dp, it hereby authorits+d,
empowered and directed to ==cute and deliver all docurntntr,
ittotru mms, certl6cates and ether ag�eeraatua and to waive any and
all conditions urd to do all ot6u thiap aeeemary to carry out the
purpose of the foregoing tescludocr, and be it
FURTHER RESOLI'ED. that a pace aad ppresect = and deeds of
David Gtrf r&t which ore consisrettt with the purposes and intent of
the foregoingg rasolutions be, and ea=h of these hereby ate, in sil
reapeete, rrcifled, approved and adopted as the asas and deeds of the
1'annea�sh+p.
Dated as of the �Hrday of Seprembcr, 19".
%Grin B. Verner —
David Garknkk
i
�- - 0
ajunin Gufaskle
Constituting all of t.'tc Directors of the
Corporation
7
()y_ s'2�
CO' 39Vd OIdIOCd V3I
5Eb08Z8808 61:ZI 666i/E0/60
of ]February, 199.7
I'M
Wia
sFsPOstV,10ce address
'-
Grotip, LP,
I'
Archon..
_
..... .
ttn-
" to
600 Eais 503M'bm�. L FloridaofidfjmlteCpartnersip: G W ?ft Ose.jx
;
Florida
Lincolne.
uite 800, Miami 'Beach,
chk
i L
-ij.G
Pin consideration Of TEN AND N01100 DOLLARS ($10-00) and other good
-"d
valuable coitid0i9iort and
by Grantee has ' ranted bargained and sold, and by these presents
gra
bar in .an b; d
ga
..,.fdoes �:sell, to Grantee,'Grantee's heirs and assigns, as
thewM
_9 o, operty. appropriate, forever,
Exluirt :sItpate in Dade County, Florida, as more Particularly described in
'attached hereto to and made a part bc=f by reference (the "Property'j.
W taxes and assess
anajji)'condions, ments for the year 1997 and thereafter,
restrictions and casements of records.
TOGETOkwith all the tenements, hercditaments and appurtenances thereto belonging
or in anywise:
appertaining.
TO HAVE AIND TO HOLD, the sam., in fee simple forever.
AM 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]
99- 828
N, R,
21, 77'
zv
Z,41
oras "be executed"W year first above n
tten
pecial
C red
M;
PE6kkS; SQ-1AHW :AF-AL
EST ESTATE
0 Delaware limitedA
- p artnerslilip'
I txym F-4 Wxt-nopms SOUTHWWT
GEk-' P"A'R'INC., a Delaware ..vTS".
corporation, I
enw-A partner
By:
Name: lotKv.
Tide: As9i
A t' fde`' '-defit
Date:
SS:
Cou LNT ------- 1.12(24U O-S On
4iiiiiinent was ackn
Owledged before me this LA
day Of February, 1997, by
as Assistant Vice President Of WHIT -Peoples Southwest Gen -
Parr: Ge
W;ft-tbr06raion, as general partner of
People's -"kmtbwest Real Estate Limited
limited partnership, on behalf of the corporation and as an act Of the
STACY*- AFRAIMEK Signature ot%Mtary puor
EXP 9-6-98
Commissioned
Print, Type o p ion
Name of Notary Public
Personally Known or Produced Identification
_4
TYPe of Identification Produced
icLOSA
139— 828
29- 828
"77)
I REPEBY u^FRT:iy t.z&, "M
I ! 3ro crat upy ct the
ofigla3lonfile inthis effic!'. re 7z!,7 I I
- :
U
HARVEY RUVIN, CLERK, df Urcu, Cou vits
Deputy 2 8
. ........ .
'On 1 7