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HomeMy WebLinkAboutR-98-0421J-98-420 4/22/98 RESOLUTION NO." 8 421 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE PERFORMING ARTS CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 1300 and 1301 BISCAYNE BOULEVARD, MIAMI, FLORIDA; TO BE COMPRISED OF A CONCERT HALL OF APPROXIMATELY 166,000 SQUARE FEET WITH 2,194 SEATS, AN OPERA/BALLET HOUSE OF APPROXIMATELY 250,000 SQUARE FEET WITH 2,401 SEATS AND ACCESSORY COMMERCIAL SPACE; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 9, 1998, Lucia A. Dougherty, on behalf of Knight Ridder, Inc., Dagren, Inc., and Miami -Dade County ("APPLICANT"), submitted a complete Application for Major Use Special Permit for the Performing Arts Center Project ("PROJECT") pursuant to Zoning Ordinance No. 11000, Articles 13 and 17, as amended, for the property located at approximately 1300 and 1301 Biscayne Boulevard, Miami, Florida, as legally described in Exhibit "All; and WHEREAS, development of the PROJECT requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and ATTACHMENT `5) CONTAINED Crff C0l�$StO� ZINC OQF APR 2 8 1998 ReschAm No.. 9 8 - 421 WHEREAS, the Large Scale Development Committee met on September 8, 1997, to review the proposed PROJECT and offer its input regarding technical issues involved; and WHEREAS, the Urban Development Review Board met on February 11, 1998, and recommended for approval of the PROJECT; and WHEREAS, the PROJECT was reviewed by the Historic and Environmental Preservation Board (HEPB) at its meetings of September 16, 1997, and February 17, 1998, and was recommended for approval with conditions that 1) the final color scheme for the Historic Sears Tower be submitted for review and approval by the HEPB at a later date and 2) that the final plans proposed for an interpretive center within said Historic Structure also be submitted for review and approval by the HEPB at a later date; and WHEREAS, the Miami Zoning Board, at its meeting of March 2, 1998, Item No. 5, following an advertised public hearing, adopted Resolution No. ZB 1998-0025 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL WITH CONDITIONS AS SPECIFICED IN THE ATTACHED DEVELOPEMENT ORDER of the Variance component of this Major Use Special Permit Development Order as attached hereto, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT; and WHEREAS, the Miami Zoning Board, at its meeting of March 16, 1998, Item No. 9, following an advertised public hearing, adopted Resolution No. ZB 1198-0040 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL SUBJECT TO CONDITIONS of the Variance - 2 - 98 - 421 component of this Major Use Special Permit Development Order as attached hereto, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 18, 1998, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 25-98 by a vote of seven to zero (7-0) RECOMMENDING APPROVAL of the Major Use Special Permit Development Order as attached hereto, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Major Use Special Permit Development Order for the PROJECT as hereinafter set forth; 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. A Major Use Special Permit Development Order, attached hereto as Exhibit "B" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, as amended, for the Performing Arts Center Project (hereinafter referred to - 3 - 98-- 421 as the "PROJECT") to be developed by Knight Ridder, Inc., Dagren, Inc. and Miami -Dade County ("APPLICANT"), at approximately 1300 and 1301 Biscayne Boulevard, Miami, Florida, more particularly described in Exhibit "A", attached hereto and made a part hereof. Section 3. The PROJECT is hereby approved for the construction of a Concert Hall of approximately 166,000 square feet and 2,194 seats, an Opera/Ballet House of approximately 250,000 square feet with 2,401 seats and accessory commercial space. Section 4. The Major Use Special Permit Application for the Performing Arts Center Project also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as Exhibit "B" hereto and incorporated herein. Section 5. The findings of fact set forth below are hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the SD-6 Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. C. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site - 4 - 98- 421 plan aspects of the PROJECT, i.e., ingress and egress, parking, signs, lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $163 million, and to employ approximately 400 workers during construction (FTE), and approximately 32 recurring jobs within the City of Miami. The PROJECT will generate approximately $13.7 million annually in direct spending related to the Performing Arts Center (this includes tickets, concessions, hotels, restaurants and other establishments (1997 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit; - 5 - 98-: 421 (4) the PROJECT will efficiently use necessary public facilities; (5) the PROJECT will not negatively impact the environment and natural resources of the City; (6) the PROJECT will not adversely affect living conditions in the neighborhood; (7) the PROJECT will not adversely affect public safety; (8) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (9) any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, minority participation and employment, and minority contractor/ subcontractor participation will be mitigated through compliance with the conditions of this Major Use Special Permit. Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the applicants and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on January 9, 1998, and on file with the - 6 - 98 �-- 42 Department of Planning and Development of the City Of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference. Section 8. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 9. The City Manager is hereby directed to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachment to the developers representative: Lucia A. Dougherty, 1221 Brickell Avenue, Miami, Fl. 33131. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Performing Arts Center Project, which is attached hereto as Exhibit "B" and made a part hereof by reference. Section 11. The Major Use Special Permit Development Order for the Performing Arts Center Project Exhibit "B" is hereby granted and issued. Section 12. In the event that any portion or section of this Resolution or the Development Order Exhibit "B" is determined to be invalid, illegal, or unconstitutional by a court - 7 - 98- 421, or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order Exhibit "B" which shall remain in full force and effect. Section 13. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 28th day of April , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days from the date of mission accicn regarding same, without the Mayor exarci ' vet . ATTEST: a • � m� n..,ity 0!ark W WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: GEORGE6K. WYSONG, II 61 ASSISTANT CITY ATTORNEY APPROVE AS T FO CORRECTNESS: i "'/ A WR4KEI%-0 �"A W2 55 98- 421 _ Exhibit "A" _ LEGAL DESCRIPTION ALL OF LOTS 17. 19. AND 20, AND THAT PART OF WALDIN COURT LYING WESTERLY OF LOTS 17 AND 18 DESCRIBED AS: FOR A POINT OF BEGINNING, BEGIN AT THE NORTHWEST CORNER OF LOT 17; THENCE WEST 35 FEET TO Ti-iF NORTHEAST CORNER OF LOT 15; THENCE SOUTH ALONG THE EAST LINE OF 1_01 15. 42.7 FEET; THENCE SOUTHEAST ALONG THE EASTERLY RIGHT-OF-WAY OF BISCAiNE BOULEVARD 49.47 FEET TO THE WEST LINE OF LOT 18: THENCE NORTH ALONG THE WEST LINES OF LOTS 18 AND 17 TO THE POINT OF BEGINNING; AND LOT 18 LESS THAT PORTION OF LOT 18 DESCRIBED AS. THE SOUTH 5 FEET THEREOF AND THAT PART OF LOT 1.3 DESCRIBED AS: BEGIN ON THE WEST LINE OF LOT 18. 5 FEET NORTH OF THE SOUTHWEST CORNER AS X POINT OF BEGINNING: THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 1 ;;, 62.81 FEET; THENCE NORTHWEST TO THE WEST LINE OF LOT 18 TO A POINT E -g FEET NORTH OF THE POINT OF BEGINNING; THENCE SOUTH 62.78 FEET ALONG THE WESTERLY LINE OF LOT 18 TO 'THE POINT OF BEGINNING; ALL IN FIRST. ADDITiON TO WALDIN COURT. AS PER PLAT IN PLAT BOOK 6, AT PACE 23, Oi 1II17 PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER WITH T� E iMPROVEMENTS THEREOF. AND THE EAST 15 FEET OF LOT 5 AND ALL OF LOT 6, OF PASOUEPELLO'S SUBDIVISION, OF LOT 5 OF BLOCK 3. OF R!C'.'fER'S ADDITION TO THE CITY (it MIAMI, SAID PASOUERELLO'S SUBDIVISION gE":S RECORDED IN P'.�,T BOOK 4, AT PAGE 149. OF THE PUBLIC RECORDS OF COUNTY. FLORIDA. AND LOT 21, OF FIRST ADDITION TO WALDi% C -. A,-CCPCi :G TO T HEPEOF, .=,S RECORDED IN PLAT BOOK 6. PAGE 23, OF T `-_ CF UADE COUNTY, FLORIDA. �r :4 sa� .i ti x► iS) T Al LEGAL DESCRIPTION TRACT "a' OF THE PLAT OF BOULEVARD TRACT, ACCORDING TO THE P!AT THEREOF, AS RECORDED IN PLAT BOOK 100 AT PAGE 65 OF THE PUBLIC RECOPDS OF DADE COUNTY. FLORIDA. -.. 8 421, Exhibit "A2" LOTS 4, 5, AND 6 OF WALDIN COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 148 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND LOTS 11, 12, 13. 14. 15. AND 16 OF BLOCK 3 OF PERSHING COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 147, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. Jorge 'Fernandez, II`- PLS No. 5103 NOT VALID WiTriOUT THE SIGNATURE AND ORiGIRAL RkSED SEA_ OF A FLORIDA LICENSED SURVEYOR AND F�ArPER 9,8 -r 421 EXHIBIT "B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. DATE: PERFORMING ARTS CENTER PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Performing Arts Center Project (hereinafter referred to as the "PROJECT") to be located at approximately 1300 and 1301 Biscayne Boulevard, Miami, Florida; see legal description in Exhibit "A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Zoning Board and Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions, approves the Major Use Special Permit and hereby issues this Permit: B-1 98- 422 PROJECT DESCRIPTION: The proposed Performing Arts Center Project is a multi- purpose performing arts complex development to be located at approximately 1300 and 1301 Biscayne Boulevard, Miami, Florida ("PROJECT"). The PROJECT is located on approximately 376,054 gross square feet of land and 264,335 net square feet of land (more specifically described in Exhibit "A", incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as Exhibit "C", and incorporated herein by reference. The proposed PROJECT will consist of a Concert Hall of approximately 166,000 square feet and 2,194 seats, an Opera/Ballet House of approximately 250,000 square feet with 2,401 seats and accessory commercial space. The PROJECT has been designed as a state-of-the-art performing arts complex. The project was designed to encourage pedestrian activity on the ground level by the creation of an urban plaza that spans Biscayne Boulevard and ties the two proposed buildings together and into the urban fabric. The accessory commercial uses were likewise located along the perimeter of the buildings in order to ensure that all four sides of each building contain active ground level frontages. The Performing Arts Center will have the following cultural groups as resident companies: 1) The Miami City Ballet, 2) The #Florida B-1 98- 421 Grand Opera, 3) The New World Symphony, 4) The Florida Philharmonic and 5) The Concert Association. The Performing Arts Center will be the largest public/private project managed by Miami -Dade County and will host other events such as concerts and live theater. The ownership, operation and maintenance of common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permit Application for the Performing Arts Center Project also includes the following: 1. A request for modification of the Burle Marx Plan for Biscayne Boulevard; 2. A request for approval by the City Commission for a pedestrian bridge over crossing Biscayne Boulevard; 3. Approval of variances for setbacks and parking. The Major Use Special Permit Application for the Performing Arts Center Project also encompasses the following lower ranking Special Permits: CLASS II SPECIAL PERMIT per Article 9, Section 903.1, for a project designed as a single site occupying lots divided by a street or alley; and CLASS II SPECIAL PERMIT per Article 6, Section 606.3.1, for development within the SD-6 Zoning District. Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits referenced above. B-2 OAR- 421 The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Cesar Pelli & Associates, dated December 1997; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director of the Department of Planning and Development prior to the issuance of any building permits. The PROJECT conforms to the requirements of the SD-6 Zoning Districts, as contained in Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed mix and intensity of attraction and commercial uses. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Prior to the issuance of a building permit, provide the City with a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. B-3 9 V r- 421, 3. Prior to the issuance of a building permit, record a certified copy of the development order in the Public Records of Miami -Dade County that specifies that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 4. Allow the Miami Police Department to conduct a security survey, at the option of the Department, so as to make recommendations concerning security measures and systems; further submit a report to the Department of Planning and Development, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plans Review Section of the Department of Fire - Rescue for the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of said Department. B-4 9 $ - 421 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 9. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 10. Pursuant to the Public Works Department, the property must be replatted prior to the issuance of a building permit; and the applicant shall provide the Public Works Department with plans for proposed sidewalk and swale area improvements for their review and approval; said plans need not comply with the Burle Marx Plan along Biscayne Boulevard but shall incorporate the Burle Marx Plan colors at the intersections of N.E. 13th and 14th Streets in order to provide a transition from the Burle Marx Design onto the proposed plaza design. B-5 9 V - 41 0 11. Provide the Department of Planning and Development with a temporary parking plan which addresses construction of employee parking and temporary parking arrangements for the existing building during the construction period; said plan shall be subject to the review and approval by the Department prior to the issuance of any building permits. 12. Address the conditions of the Historic and Environmental Preservation Board regarding the final color selections to be implemented on the Historic Sears Tower and the final plans for an interpretive center within the Historic Sears Tower; said color selection and final plans shall be subject to review and approval by the Historic and Environmental Preservation Board. 13. With the exception of the signs specifically included in the application for development approval, all other sign proposals shall be subject to a separate review and approval by the Director of the Department of Planning and Development, with any referrals deemed necessary by the Director (note: said review and approval does not require a separate Class II Special Permit) . 14. A complete "Traffic control management plan" shall be produced and submitted to the City of Miami for review and approval prior to the issuance of a Certificate of Occupancy for this project; said plan shall address all issues related to traffic control measures which will be utilized by the applicant during major events; due to the lack of on -site parking, the traffic management plan should also identify sufficient secured off -site parking spaces within a ten (10) minute walking radius of the project. B-6 3S - 421 15. Pursuant to concerns raised by the Downtown Development Authority (DDA) regarding, among other things, linkage issues to and from the proposed Performing Arts Center to the remainder of Downtown Miami, the applicant shall work cooperatively with the City of Miami and the DDA to address the issues on the attached letter to the Department of Planning and Development, dated February 5, 1998, (Exhibit "D") from DDA throughout the permitting and construction period. 16. The applicant shall execute a "First Source Hiring Agreement" with the City of Miami. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting the commencement of the thirty (30) day period to appeal from the provisions of the Permit. The Performing Arts Center Project, proposed by the applicant, Lucia A. Dougherty on behalf of Knight Ridder, Inc., Dagren, Inc. and Miami -Dade County ("APPLICANT"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, complies with local land development regulations, and it is further found, pursuant to Section 1703 of Zoning Ordinance No. 11000, that: B-7 9$- 421- (1) the PROJECT will have a favorable impact on the economy of the City; and (2) the PROJECT will efficiently use public transportation facilities; and (3) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT, i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs, lighting, utilities, drainage and control of potentially adverse effects generally, have been considered and will be B-8 98 421 further considered administratively during the process of issuing individual building permits and certificates of occupancy. B-9 98,- 42.E EXHIBIT "C" Proiect Summary for PERFORMING ARTS CENTER OF GREATER MIAMI Cesar Pelli & Associates Inc. 1 Architects 1 Rodriguez and Quiroga Architects Chartered Wolfberg Alvarez and Partners Associated Architects Revised 12/18/97 2nd Revision 01/16/W The following data summarizes allowable and proposed development for the subject property, pursuant to SD-6 Zoning Guidelines. Opera/Ballet Allows 'd. Proposed AtlowsbWRsq'd. Proposed Development Potential Al Principal Use: Performing Arts Center Theatres A2 Net Lot Area No Min. 158,079sf No Min. 106,256sf A3 Gross Lot Area No Min. 216,121sf No Min. 159,933sf A4 Floor Area Umitations 8.4 1.153 8.4 1.038 4.8 + 4.0 Theater Bonus Allowed (8.4 max) As Development Area 8.8 x Gross Lot Area = Allowable 1,901,865sf 249,232sf 1,407,410sf 165,978sf ` As Building Foot Print N.A. 112,113sf N.A. 81,611s7f A7 Minimum Yards N.E. 2nd Avenue 5' 12' N.A. NA. N.E. 14th Street 5' 8' 5' 10' Biscayne Boulevard 15, 14' 15' 8' North Bayshore Drive N.A N.A. 5' 0' N.E. 13th Street 5' 5' 5' 5' As.1 Set -Backs N.E. 2nd Avenue 15, 12' N.A. (up to 181 N.E. 14th Street 15, 8' 15, 10' { Biscayne Boulevard 15'min/20'max 14' 15'min/20'max 8' North Bayshore Drive N.A. N.A. 15' 0' N.E. 13th Street 15' 5' 15' 5' Asa Set -Backs N.E. 2nd Avenue 5' 12' N.A. N.A. (18' to 1001 N.E. 14th Street 5' 8' 5' 10' Biscayne Boulevard 15, 14' 15, 8' North Bayshore Drive N.A. N.A. 5' 0' N.E. 13th Street 5' 5' 5' S' A3.3 Set -Backs N.E. 2nd Avenue 35' 38' N.A. N.A. (over 1001 N.E. 14th Street 35' 53' 35' 6Z Allowable set backs are for Biscayne Boulevard 35' 52' 35' 54' Opera House Ht. = 150.83' North Bayshore Drive N.A. N.A. 35' 10, Concert Hall Ht = 144.5' N.E. 13th Street 35' IT 35, 46' I As Building Height (as measured from avg. grade of +5'-6') No limit 1 150.83' - 11 No limit 144.5' AID Parking Required 0 1 0 11 0 0 All Loadin Dock Stalls 4 12'x35' 4qM 12'x60' 3 12'x35' I3 12'x60' 01 Total Gross Area (Excluding Arcades) 1,901,865sf 249.232 1,407,410sf 1165,978 B2 Gross Area of Arcades 0 7,334sf 0 , 6,274sf ' ea Req'd. Open Space (I$V50ir above 50.000 GSF) 3,985sf ; 28,497sf 2,320sf 10,852sf 64 Max. Allowable Open Space (15% Net Lot Area) 23,712sf 1 28,497sf 15,788sf 10,852sf OR Ni mhor of Catatc Ain Min ' lAni Ain Min 1 71QA 9$- 42.E FEB-06-1998 17:50 "A MIAMI 305 3712423 P.01./04 EXHIBIT "D' DOWNTOWN DEVELOPMiRNT AVY)OORiTY Fh* Union Fi WwWW CerNsr 200 S. SMeayne boWewrd SUM lets Pod-Ir Fax Note 7671 Do** Miernk Florida 33131 Tel.: (305) 579-W75 Frenl Fax: (30S)371-2423Ma E�V wa00c1am=ni.aom C A).Pr. C l. /1 17 February 5, 1998 Ms. Lourdes Slazyk Assistant Director to Ci of Miami P t. p � ty Dap r 44d SW 2nd Avenue, rd Floor rn T-.-I Miami, FL 33130 Re: Review of Urban Design Issues Pertaining to the Design of the Performing Arts Center G, .. w {K C) Dear Ms. Slazyk: The following presents a review of urban design characteristics of the Performing Arts Center of Greater Miami prepared by Wallace Roberts do Todd on behalf of the Miami DowntDwn Development Authority, that the DDA would request the City ensure through its MUSP. The issues addressed below focus on the extent to which the Performing Arts Center can enhance The surrounding urban district and accelerate its revitalization. The opportunity is great that the Performing Arts Center can indeed act as an anchor of a vibrant urban entertainment district in the Omni area; but only if serious attention is paid to linkages with the surrounding urban pattern. Conversely, inattention to the issue of linkages could undermine patron acceptant and leave the facility in relative isolation. Key criteria for a successful urban design integration of the Performing Arts. Center are summarized as follows: I. Ensure the provision of suf jScient, secured parkb%within one or two blocks - and provide a safe, well lighted pedestrian -friendly environment tween parking facilities and the entramw on the plaza at Blscayne Boulevard 2. Plan for a "crkiwl mass" of day and nightime activities, building on an arts and urban entertainment theme Mast critical is securingmixed uses associated with the parking garage The potential to incorporate the New World enter for the Performing Arts, or similar use, at this location is an ideal opportunity to create a high level of compatible day and nightirme activity and should not be missed 3. Pursue long term linkages to emerging cultural initiatives in Overtown and film studlos to the west, and south to Park West and to Maritime Park and a sequence of linked bayfront activities including the Arena, Bayside and Bayf -ont Park FEB-06-1998 17:50 DDA MIAMI 305 3712423 P.02iO4 Lourdes Slazyk re: Performing Arts Center Page 2 Building Orientation Entrances to the Opera House and Concert Hall are positioned on Biscayne Boulevard within a "Plaza of the Arts" which spans the travel lanes of the Boulevard. This focus of pedestrian activity at Biscayne Boulevard will necessitate that pedestrians walk around the perimeter of the building along the facades facing NE 131 Street or NE 14' Street. While this scheme will help to "aUivato the plaza on the Boulevard, it will add to the challenge of creating a positive walking experience to and from parking facilities. Parking and Pedestrian Access Prior=par studies have indicated the necessity of ensuring an adequate supply of convenient closeag, including the 1994 Performing Arta Center Parking Study and the Omni Area Revitalization Plan and Performing Arts District Urban Desi#n Plan. While patrons of sports utilizing events are often accustomed to remote parking facilities and/or public transportation, patrons of the Performing Arts Center will likely be willing to walk only relatively short stances. This is due to the formal attire of most patrons plus the absence of surrounding activities, evidence of physical deterioration, and other factors indicating a need for revitalization. Thus, parking should generally be within one, certainly no more than two, blocks away. The pedestrian experience; the perceived safety and comfort of walking to and from perking facilities will be cntical to achieving user acceptance and ensurin* continuing patronage. Likewise, the pedestrian experience immediately surrounding the Performing Arts Center will determine the extent to which patrons may walk to area restaurants, nightclubs or other venues and thus, contribute to the revitalization of the surrounding area. It must be stressed that the degree to which the Performing Arts Center will become a catalyst rests initially on the willingness of patrons to walk in the immediate vicinity of the Center. Although prior plans have indicated a proposed parking structure just west of the Performing Arts Center on property owned by the Dade County School Board at NE 141s Street and NE 2sd Avenue, eonsmittnents for the construction and operation of such a facility remain pending. Although the prior plans cited have described the necessity tot pedestrian friendly streetscape linkages to the garage and for the garage to incorporate ground level retail activities, such considerations have not proceeded beyond the concept state. White the responsibility to provide parking for the Performing Arts Center ma remain in question, the availability of close in parking with pedestrian friendly linkages to the performing Arts Center entrance must be viewed as a necessity for the satisfactory operation of the Performing Arts Center. Even with convenient close -in parking, the environment surrounding the Performing Arts Center could contribute to a high utilization of valet parking. The location of such a valet operation in close proximity to Biscayne Boulevard, in a pedestrian plaza, where auto cues could disrupt vehicular as well as pedestrian circulation, could be problematic. Considerable attention should be paid to the logistics of valet operations. 98- 49-1 FEB-06-1998 17:51 DDA MIAMI 305 3712423 P.03/04 Lourdes Slazyk re: Performing Arts Center Page 3 Edge Conditions I Activity Linkages Given the availability of adequate close -in parking and a positive pedestrian environment, the next determinant of the catalytic impact of the Performing Arts Center will be the degree of activity linkages on adjacent blocks. The concepts developed for the Knight-Riddler properties to the north and east offer opportunities to create a lively mixed use district, particularly when linked to the Omni to the north. More problematic is the absence of potential linked activities to the south and west. To the west patrons utilizing the proposed parking garage will find few sources of activity, particularly at night, thus contributing to perceived security problems. Although proposals have been made for ground level retail uses in the garage, the absence of other sources of support for such uses may render them uneconomic in the iu mediate future. Therefore, it is considered criticallyunMass nt to introduce an "around the clock" anchor use immediately adjacent to or in ratedart of tha king age. The level of da and nig�mc activi that could result frmaaccoanmoating the N we VIlldr Genter for the Ark at this location is considered an ideal complement. To the south, the Performing Arts Center Urban Design Plan proposes fountains and park -like gateways as an inducement for pedestrians to walk under the I-395 viaduct to and from the central business district. Altlio the images are appealing and the Roberto Berle Matt design for Biscayne Boulevard is s*will the placement Ole park amenities along a two block stretch of Biscayne Boulevard ikely be insufficient to encourage patrons to venture to the south. Such blocks should be programmed for active complementary uses in order to further contribute to the level of pedestrian activity and to create a higher degree of perceived security afforded by "eyes on the street." There do exist, however, some exciting opportunities for long range activity linkages to the south. These include the continued progress toward the redevelopment of Park West, adding hundreds of new residents and shoppers south of I-395. Similarly, the completion of Maritime Park or other re -use of the now inactive Bayfront, will form a crucial linkage between the Arena, Baysidc and Bayfront Park to the south and the emerging urban entertainment district surrounding the Performing Arts Center. In order to ensure that the necessary provisions for parking and pedestrian linkages are in place to coincide with the opening of the Performing Arts Center a detailed area plan and implementation strategy is needed for the several blocks surrounding the Performing Arts Center. The plan should reflect a collaboration between the Performing Arts Center Trust, Downtown Development Authority, School Board of Dade County and key property owners and should focus on the following elements. Parking locations and operations Valet operations 96- 421 FEB-06-1998 17:51 DDA MIAMI 305 3712423 P.04iO4 Lourdes Slazyk to: Performing Arts Center Page 4 • Pedestrian enhancements - sidewalk paving - crosswalks - pedestrian signals - signage - lighting . landscaping • Funding sources • Assigned respom dWities Pl confirm in writing that the City will address this. Thank you in advance for your attention to thistter. Poffc—A Allen Executive Director PA/sh W. Jeff $ercow 98 421 TOTAL P.04 PZ-3 PLANNING FACT SHEET APPLICANT Miami -Dade County and the Performing Arts Trust HEARING DATE March 18, 1998. REQUEST/LOCATION Proposal for a Major Use Special Permit for the Performing Arts Center located at 1300 and 1301 Biscayne Boulevard. LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of a Major Use Special Permit for the Performing Arts Center Project to allow a Performing Arts Facility consisting of 2,401 seats for an Opera/Ballet House, 2,194 seats for a Concert Hall and accessory commercial space. PLANNING Approval with conditions. RECOMMENDATION BACKGROUND AND See attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval with conditions VOTE: 7-0 CITY COMMISSION N/A, APPLICATION NUMBER 98-006 Item #1 .......................................................................................................................................................................................... - CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2"D AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 ...................................................................................................................................................................................................................................: Date: 03/12/98 Page 1 9 8 - 421 ANALYSIS FOR A MAJOR USE SPECIAL PERMIT for the PERFORMING ARTS CENTER CASE NO: 98-006 The requested Major Use Special Permit application is for the purpose of allowing a Performing Arts Center Complex Development consisting of an Opera/Ballet House of approximately 250,000 square feet with 2,401 seats and a Concert Hall of approximately 166,000 square feet with 2,194 seats; both buildings will also consist of accessory office and commercial space. The Performing Arts Center project shall be located within the area bounded by N. Bayshore Drive, N.E. 2"d Avenue, N.E. 141h Street and N.E. 13`h Street, along Biscayne Boulevard (see attached legal description, location maps and aerial photographs for exact property boundaries). - The Major Use Special Permit Application for the Performing Arts Center Project also includes the following: 1. A request for modification of the Burle Marx Plan for Biscayne Boulevard; 2. A request for approval by the City Commission for a pedestrian bridge over crossing Biscayne Boulevard; The Major Use Special Permit Application for the Performing Arts Center Project also encompasses the following lower ranking Special Permits: CLASS II SPECIAL PERMIT per Article 9, Section 903.1 for a project designed as a single site occupying lots divided by a street or alley; and CLASS II SPECIAL PERMIT per Article 6, Section 606.3.1 for development within the SD-6 Zoning District; 1 Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits and referenced above. 98- 42 The Major Use Special Permit Application for the Performing Arts Center Project also encompasses the following variances: • Variances for parking: Required Opera/Ballet 1 Concert Hall 1 • Variances for yards: Opera/Ballet Concert Hall Provided 0 0 Required Proposed Biscayne Blvd. 15 feet Biscayne Blvd. 15 feet N. Bayshore Dr. 5 feet 14 feet 8 feet 0 feet • Variances for setbacks for the first 18 feet in elevation above the sidewalk: Opera/Ballet ConcertHall Required Proposed Biscayne Blvd. 15 feet 14 feet Biscayne Blvd. 15 feet 8 feet N.E. 2❑d Avenue 15 feet 12 feet N.E. 14`h Street 15 feet 8 feet N.E. 13`h Street 15 feet 5 feet N.E. 14`h Street 15 feet 10 feet N. Bayshore Dr. 15 feet 0 feet N.E. 13 Street 15 feet 5 feet • Variances for yards for development between 18 feet and 100 feet in elevation: Opera/Ballet Concert Hall Required Proposed Biscayne Blvd. 15 feet 14 feet Biscayne Blvd. 15 feet 8 feet N. Bayshore Dr. 5 feet 0 feet 2 98- 4z1 • Variances for yards for development above 100 feet in elevation: Opera/Ballet Concert Hall Required Proposed N.E. 2"d Avenue 35 feet 38 feet N.E. 14`h Street 35 feet 53 feet N.E. 13`h Street 35 feet 13 feet Biscayne Boulevard 35 feet 52 feet N.E. 14`h Street 35 feet 62 feet N. Bayshore Dr. 35 feet 10 feet Biscayne Boulevard 35 feet 54 feet N.E. 1-) Street 35 feet 46 feet In determining the appropriateness of the Variances for the proposed Performing Arts Center Complex, the following findings have been made: • It is found that the proposed Performing Arts Center Complex will benefit the Downtown District by creating a new state-of-the-art venue for the performing arts within the City of Miami for the enjoyment of residents and visitors. • It is found that the subject property, while substantial in size, has a series of other developmental problems which constitute a hardship to justify the requested variances. The specific hardships attached to the subject property are as follows: a) the zoning classification of SD-6 which is assigned to this property, was written approximately 15 years ago and has not been revisited for consistency with the realization of projects within this section of the Biscayne Boulevard corridor; as a result of the Performing Arts Center project, the Department of Planning and Development has just completed a review of the extremely complex setback requirements in this district and has concluded that they are no longer appropriate; an amendment to the setback provisions of the SD-6 District has been prepared by the Planning Department and is in the process of being considered for approval by the City Commission; the proposed project would not require as many variances under the new setback provisions proposed; and b) Another significant hardship attached to this property is the property's size in comparison to the architectural requirements associated with a Performing Arts Complex; it is specifically stated in the "Intent" section of the SD-6 District that this district is intended "to promote development of a mixed -use complex, including a public performing arts center"; there are very few possible sites 3 within the entire downtown area (let alone the SD-6 District in which the City has specifically called out its intentions for such a facility) of a sufficient size to accommodate the space requirements associated with a state-of-the-art performing arts center complex; it is evident that the proposed design solution offered by the applicant is in an attempt to comply to the extent possible with the city's requirements while not jeopardizing the needs and integrity of the proposed facility. • It is found that the setback variances being requested are in order to develop a project which can provide the minimum dimensions required to accomplish the goal of the district to promote the development of a performing arts center; it is also found that the result is an impressive presence along Biscayne Boulevard befitting this corridor into downtown Miami. • It is found that the proposed project offers the most reasonable solution to the design problems facing. this particular site with the regulations which were in place at the time of the application. In determining the appropriateness of the Major Use Special Permit for the proposed Performing Arts Center Complex, the following findings have been made: • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project from its public meeting held on February 11, 1998. • It is found that the Large Scale Development Committee (LSDC) met and has reviewed the project for compliance with technical concerns to be complied with prior to the issuance of building permits. • It is found that the Historic and Environmental Preservation Board (HEPB) reviewed the proposed "Sears Tower" historic preservation component of this project at its meeting held on February 17, 1998 and recommended approval with the condition that a final color scheme be submitted for the board's review and approval. • It is found that the lack of on -site parking is a concern due to the impact that it will have on adjacent areas having to accommodate large numbers of vehicles; a traffic management plan and identification of off -site parking facilities will be required six months prior to the issuance of a Certificate of Occupancy. 4 98- 4Z� Based on these findings, the Department of Planning and Development is recommending approval of the requested variances with the following conditions: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. 2. Provide a list of agencies from which approvals and/or permits must be obtained prior to initiation of development and the permit or approval required of each. 3. Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 4. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section -at the Department of Fire -Rescue for the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, egress, vehicular access and water supply. 5. Provide a letter of assurance from the Solid Waste Department that the PROJECT has addressed all concerns of the said Department. 6. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 7. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. - 8. Record in the Public Records of Dade County, Florida, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 9. Record a certified copy of the development order with the Clerk of the Dade County Circuit Court specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. 10. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 5 98- 4%�. 11. Pursuant to the Public Works Department, the property must be replatted prior to the issuance of a building permit; and the applicant shall provide the Public Works Department with plans for proposed sidewalk and swale area improvements for their review and approval; said plans need not comply with the Burle Marx Plan along Biscayne Boulevard but shall incorporate the Burle Marx Plan colors at the intersections of N.E. 13th and 14th Streets in order to provide a transition from the Burle Marx Design onto the proposed plaza design. 12. Provide the Department of Planning and Development with a temporary parking plan which addresses construction employee parking and temporary parking arrangements for the existing building during the construction period; said plan shall be subject to the review and approval by the Department prior to the issuance of any building permits. 13. Address the conditions of the Historic and Environmental Preservation Board regarding the final color selections to be implemented on the Historic Sears Tower and the final plans for an interpretive center within the Historic Sears Tower; said color selection and final plans shall be subject to review and approval by the Historic and Environmental Preservation Board. 14. With the exception of the signs specifically included in the application for development approval, all other sign proposals shall be subject to a separate review and approval by the Director of the Department of Planning and Development, with any referrals deemed necessary by the Director (note: said review and approval does not require a separate Class II Special Permit). 15. A complete "Traffic control management plan" shall be produced and submitted to the City of Miami for review and approval prior to the issuance of a Certificate of Occupancy for this project; said plan shall address all issues related to traffic control measures which will be utilized by the applicant during major events; due to the lack of on -site parking, the traffic management plan should also identify sufficient secured off -site parking spaces Zvithin a 10 minute walking radius of the project. 16. Pursuant to concerns raised by the Downtown Development Authority regarding, among other things, linkage issues to and from the proposed Performing Arts Center to the remainder of Downtown Miami, the applicant shall work cooperatively with the City of Miami and the DDA to address the issues on the attached letter to the Department of Planning and Development, dated February 5. 1998, (Exhibit "D") from DDA throughout the permitting and construction period. 17. The applicant shall execute a "First Source Hiring Agreement" with the City of Miami. Gl 9 8 - 42 I TY CEMETERY ST _94,�R Y, Q J Y 1, I F T Rcc I I 1 •• u, a s •' 2 �� :I Amid f• 1 • o Ilk trq !� ,� 9 w e Lao MIA I TRACT •A• �s•t�1ra!'� _ sr• t �I 1' Y DYNI ANNEX i3 7 - 4 11 — Q' • AA-'� � I C Ii ST , ^ 7 ` 3 > N. E. • 8 • 9 • V 17 cli •• D •. TRAC 7 •A K` I f n foolow uar } T CT •�' Z 2 • : :) TRACT a A y _* • a •. � •' O �`_ PLAZA � W 13 — 1r. - I E 5 w e I - 2 PgISE �; rRAcr'A' � I . 15 S T. t 4 W K.E. •• 1S .. _ ., o� t� : z •n •• s 00000eeoo J � r . c r., • • u.,[ Z o �' • •o TRAC >,.�.. .. s 2 r ..u:.... _ a r N �" s st+. •r. HERALD PARK 1 r S °... u z • •~ _ M >• 9 G— (1 1 • d �. E. « ,.,..•qp .wc tt-w a E" m .� I 4 S T�� odeooeaooee o LLA0. TR A .• 2 N.E. 144 T L. C�2 �51 .......... 11. E. 13 AR ................... .................. 1) � L @ ws cc W. I �� ....+....�.� N.E. % Ac 4RT- i K— is' ;` " PTMV SUB 4 / �/� CAUSEw_ IN 11111UL �i 6 it E —2 2 C _ �o"uto wso� ' y • Z • .1. N Iv' 2 N .I rre / TRACT A i 1 r n. E 11 S o w� at NEW WORLD CENTER • ` s z BICENTENNIAL PARK 2 a Y II I C II. N-E . 10 S T. > 4 4 J J I ' In m N E 9 ST - — - ild • I )' � Z I I �. PR .t -7?' +rye "'. Sy ti 1 V 1� ' '. Y�+ • '� ' 16, ry TI rl '� � - � ���t>. ' '� t ,».>'-�•# yam`: u fx ,,� .,�, -+' do AM1 s ,rs W � t� SO r�� �ity�....3�..s»•.v�yo�"�:.5�,:'�d* �"<� All �11M'f"`��`�'�•�,r. ci LLI � •w.v _ � •+.- Jai- mil i k i. �.`ti s�i�i-� :`ii i' '�<T'il-"'!"Yft• ST � WK. r z 4 rr^ 98- 4 1 •:-.�....� f ��°4 j+! > �'.a��.. �s�'ry w� fbL/� t iQ' '.�yt l+►jj�SE: qq �. r 49N�� VMS t Le r " csi t►Q All aJ • L OL -• e 7 Ou ems- �yLz� \\ 1t 'it k" iv - _ ,-"T !tom- � l o ,•_5lj ... Mt. ..Lai a• .. .r - L� iia �tl, ea:. sp a Mrs au sea r too tol aiu " 'A�.... a", to -c iR7 • ,�� tll: wa. �tiR s, Ue IiqJ. 'W adR 1 c Ltly' twit el{AMn� lam` _ 1 ED .t� rw�ICa� - r 4. R� #1 ,� _ WAS u. ..atl24MIL �n iw�P VMS .f . Paz .. .URI JMA4 -• RUN tp Rai _ _ � w lir` ea Cwll - : aR ac SXILNow t. ➢ « a � y Z { a' 1�►.����A � � MN NOW INS.00 F- .a �� - ���■ RESOLUTION PAB - 25-98 A RESOLUTION RECOMMENDING APPROVAL, OF A MAJOR USE SPECIAL PERMIT FOR THE PERFORMING ARTS CENTER PROJECT TO ALLOW A PERFORMING ARTS FACILITY CONSISTING OF 2,401 SEATS FOR AN OPERA/BALLET HOUSE, 2,194 SEATS FOR A CONCERT HALL AND ACCESSORY COMMERCIAL SPACE SUBJECT TO CONDITIONS 1 THROUGH 17 OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT EXCLUDING NO. 8 AND ADDING TO NO. 15 THE REQUIREMENT THAT THE "TRAFFIC CONTROL MANAGEMENT PLAN" SHALL BE SUBMITTED SIX (6) MONTHS PRIOR TO OBTAINING THE CERTIFICATE OF OCCUPANCY. HEARING DATE: March 18, 1998 ITEM NO. 1 VOTE: 7-0 ATTES Gdes Slazyk, ssistant or Department of Planning and Development .8- 4ti1 CITY OF MIAMI DE. ARTMENT OF PLANNING A,VD DEVELOPMENT APPLICATION FOR MAJOR USE SPECIAL PERMIT IT IS INTENDED THAT MAJOR USE SPECIAL PERMITS BE REQUIRED WHERE SPECIFIED USES AND/OR OCCUPANCIES INVOLVE MATTERS DEEMED TO BE OF CITYWIDE OR AREA -WIDE IMPORTANCE. THE CITY COMMISSION SHALL BE SOLELY RESPONSIBLE FOR DETERMINATIONS ON APPLICATIONS FOR MAJOR USE SPECIAL PERMITS. (SEE ARTICLE 17 OF ORDINANCE 11000. AS AMENDED. THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA.) THE CITY COMMISSION SHALL REFER ALL APPLICATIONS FOR MAJOR USE SPECIAL PERMITS TO THE PLANNING ADVISORY BOARD AND TO THE DIRECTOR OF THE DEPARTMENT OF PLANNING AND DEVELOPMENT FOR RECOMMENDATIONS, AND MAY MAKE REFERRALS TO AGENCIES, BODIES, OR OFFICERS. EITHER THROUGH THE DEPARTMENT OF PLANNING AND DEVELOPMENT OR DIRECTLY, FOR REVIEW. ANALYSIS AND/OR TECHNICAL FINDINGS AND DETERMINATIONS AND REPORTS THEREON. (SEE SECTION 1301.3 OF ORDINANCE /1000. AS AMENDED. THE ZONING ORDINANCE OF THE C17F OF AHAMI. FLORIDA.) ' SECTION 2-653 OF THE CODF OF THE CITY OF MIAMI. FLORIDA. AS AMENDED. GENERALLY REQUIRES ANY PERSON WHO RECEIVES COMPENSATION. REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK. PRJOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE. MIAMI. FLORIDA. 33133 .NOTE: THIS APPLIC4 TION ,if UST BE TYPEWRITTEN AND SIGNF_D IN PI AC` 'NA. - Dagren, Inc. Lucia A. Dougherty,Esq. of Knight Ridd r, Inc Ya d Metro titan D de q , hereby apply to the Director of the department g1p Planning U t y and Development of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 17 of the City of Miami Zoning Ordinance. Property Address: Approximately 1300 and 1301 Biscayne Blvd -located between N.E. 13th and 14th Streets on the East and West side of Biscayne Blvd. Nature of proposed use (be specific): Approval of a MUSP for a Performing Arts Center of Greater Miami to include a theater, ballet and opera house which exceeds 200,000 square feet. APPLICATION MATERIALS I attach the following in support and explanation of the application: 1. Two original surveys, prepared by a State of Florida Registered Land Surveyor within one year from the date of application. X3 2. Affidavit disclosing oNnership of property covered by application and disclosure of interest form (attach forms 4-83 and 4a-83 to application). Page 1 of 2 98- 42 APPLICATION MATERIALS (. tinued) I attach the following in support and explanation of the application: ® 3. Certified list of owners of real estate within a 375-foot radius from the outside boundaries of property (attach form 6-83 to application). C 4. Maps of the: a) Existing zoning designation. b) Adopted comprehensive plan designation for areas on and around the property. ® 5. General location map showing relation to the site or activity to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. CO 6. Concept Plan a) Site plan and relevant information per Section 1304.2.1d-h. b) Relationships to surrounding existing and proposed futures uses and activities, systems and facilities, per Section 1702.3.2a. c) How concept affects existing zoning and adopted comprehensive plan principles and designations; ` tabulation of any required variances, special permits, changes of zoning or exemptions, per Section 1702.3.2b. ® 7. Developmental Impact Study (an application for development approval for a Development of Regional Impact may substitute). El 8. Other (be specific): See attached MU S P Book IN 9. Fee of $ 31 , 14 0 . 7 5 , for the Major Use Special Permit, based on current fee schedule as set forth in Chapter 62 of the Code of the City of Miami, as amended. El 10. Additional fee of $" 41 , 5 2 1 . 0 0 , for any required special permits, changes of zoning or variances set forth in chapter 62 of the Code of the City of Miami, as amended. Total Fee: $ 7 2, 6 6 1. 75 Signature Name Lucia A. 1dugherty, Esq. Address 1221 Brickell Avenue Miami, Florida 33131 Phone/Fax (3 0 5) 5 7 9- 0 6/0 3 Date January 9. 1998 FINAL APPROVAL OF THIS APPLICATION FOR MAJOR USE SPECIAL PERMIT SHALL CONSIST OF AN EXECUTED RESOLUTION BY THE MIAMI CITY COMMISSION AND A DEVELOPMENT ORDER ATTACHED THERETO WHICH SPECIFIES THE CONDITIONS UNDER WHICH THIS MAJOR USE SPECIAL PERMIT APPLICATION IS APPROVED; IF APPROVED BY THE CITY COMMISSION, SAID RESOLUTION AND DEVELOPMENT ORDER SHALL, UPON EXECUTION THEREOF, BE TRANSMITTED TO THE OWNER OR AUTHORIZED AGENT AT THE ADDRESS SPECIFIED ABOVE. Page 2 of 2 98- 4z� AFFIDAVIT -ATE OF FLORIDA } )SS COUNTY OF MIAMI-DADE } Before me, the undersigned authority, this day personally appeared Lucia A. Dougherty who being by me first duly sworn, upon oath, 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 Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to 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 pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, .phone 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 � �A , Applicant's gnature Lucia A. Dougherty 97pe foregoing instrument was acknowledged before me this "tq-t\ day of January 19_LL, by Lucia A. Dougherty who is personally known to me er-e-itas pFedueed who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: OFFIIAL NOTARY SEAL 7M.AR_gjSOLRGONZALF_ZPUBLI NOT TE CMISSION , O 40 FLORIDA MY COMMISSION EXP. SF 77,1998 - 4 16120 1 OWNER'S LIST Owner's Name Knight Ridder, Inc. Mailing Address 1 Herald Plaza Telephone Number (305) 376-3884 Legal Description: See attached Exhibit "A" Zip Code Owner's Name Mailing Address Zip Code Telephone Number Legal Description: Owner's Name Mailing Address Zip Code Ielephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description See attached Exhibif- "A" Street Address Street Address Legal Description Legal Description 9s- 4Z� OWNER'S LIST Owner's Name Metropolitan Dade County Mailing Address 111 N.W. 1st Street, Miami, Florida 33128 Zip Code Telephone Number (305) 375-5500 Legal Description: See attached Exhibit"Al" 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, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address See attached Exhibit 'C" Street Address Street Address Legal Description Legal Description Legal Description 98- 42�. OWNER'S LIST Owner's Name Dagren Inc. Mailing Address 1 Herald Plaza, Miami, Florida Zip Code Telephone Number (3 0 5) 3 7 6- 3 8 8 4 Legal Description: See Attached Exhibit 11A211 Owner's Name Mailing Address Zip C6de 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, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address Legal Description None Street Address Street Address Legal Description Legal Description 98- 421 DISCLOSURE OF OWNERSHIP Legal description and street address of subject real properly: See attached Exhibit "A" and Exhibit "AI" 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of 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. Knight Ridder, Inc. is a -publicly traded ccopany and is the owner of the subject property located on the east side of Biscayne Boulevard. Metropolitan Dade County is the o%Tler of the subject property located .on the west -,side of Biscayne. Boulevard. Dairen, Inc. is owned 100% by Knight - Ridder, Inc. 3. Legal description and street address of any real propertyla) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. See attached Exhibit "B" and Exhibit "C" Owner or r Lucia A. Dougherty ,ATE OF FLORIDA COUNTY OF MIAMI-DADS The foregoing instrument was acknowledged before me this ��`l day of 6_cc o- 19 8 , by Lucia A. Dougherty who is person own to me OS Mier has pfe"oed -me, t €eaHft and who did (did not) take an oath. y (Ltu�,CC Name: Notary Public -State of Florida \ Commission No.: My Commission Expires: OFFICIAL NOTARY SEAL MARSOL R GONZALEZ NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC403667 MY COMMISSION EXP. SEPT 17,1998 9C� 4z� 'M _ Exhibit "X' LEGAL DESCRIPTION ALL OF LOTS 17, 19. AND 20, AND THAT PART OF WALDIN COURT LYING WESTERLY OF LOTS 17 AND 18 DESCRIBED AS: FOR A POINT OF BEGINNING, BEGIN AT THE NORTHWEST CORNER OF LOT 17. THENCE WEST 35 FEET TO THE NORTHEAST CORNER OF LOT 15; THENCE SOUTH ALONG THE EAST LINE OF Lo l 15. 42.7 FEET; THENCE SOUTHEAST ALONG THE EASTERLY RIGHT—OF—wA'r OF BISCAi'NE BOULEVARD 49.47 FEET TO THE WEST LINE OF LOT 18; THENCE NORTH ALONG THE WEST LINES OF LOTS 18 AND 17 TO THE POINT OF BEGINNING; AND LOT 18 LESS THAT PORTION OF LOT 18 DESCRIBED AS. THE SOUTH 5 FEET THEREOF AND THAT PART OF LOT 18 DESCRIBED AS: BEGIN ON THE WEST LINE OF LOT 18, 5 FEET NORtii H OF THE SOUTHWEST CORNER AS POINT OF BEGINNING; THENCE EAST PARALLEL TO THE SOUTH LINE OF LOT 1,; 62.81 FEET; THENCE NORTHWEST TO THE WEST LINE OF LOT 18 TO A POINT E FEET NORTH OF THE POINT OF BEGINNING, Tr-,ENCE SOUTH 62.78 FEET ALONG THE WESTERLY LINE OF LOT 18 TO THE POINT OF BEGINNING; ALL IN FIRST. ADDITION TO WALDIN COURT, AS PER PLAT IN PLAT BOOK 6, AT PACE 23, 0( PUBLIC RECORDS OF DADE COUNTY, FLORIDA., 7OG7THER 11,1TH THE IMPROVEMENTS THEREOF. AND THE EAST 15 FEET OF LOT 5 AND ALL OF '_OT 6, OF PASOUERELLO'S SUBDIVISION, OF LOT 5 OF BLOCK 3, OF P' ':'lER'S .�DDI710N TO THE CITY MIAMI, SAID PASOUERELLO'S SUBDIVISION °E' PECORDED IN P'-4T BCOK 4 AT PAGE 149. OF THE PUBLIC RECORDS OF 3.-.DE CCUNTY, FLGRIDA AND L(lT 21 CF FIRST ADDITION TO WAL'—W, 3 70 =REOF, AS RECORDED IN PLAT BOOK 6. CF i;ADE COUNT r FLORIDA. v 9 8 - 4,;.o ; :ems =x��3► e Al LEGAL DESCRIPTION TRACT "A' OF THE PLAT OF BOULEVARD TRACT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 100 AT PAGE 65 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. 98-- 421 Exhibit "A2" LOTS 4, 5, AND 6 OF WALDIN COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 4, AT PAGE 148 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. AND LOTS 1 1, 12, 13, 14. 15, AND 16 OF BLOCK 3 OF PERSHING COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 147, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. JT rge 'Fernandez, IF--) PLS No. 3103 SLOT VA_ID WITriOUT THE SICNATURE AND ORiCIN:,L RASED SEAS OR A FLORIDA LICENSED SURVEYOR AND I:.AGPER V V 4 ' i EXHIBIT "B" A S C TRACT PB 89-21 PARCEL A (L-307) (60 LABELS) LT 11 LESS ST & LTS 12 THRU 14 BK 1 & LTS 7 THRU RICHWOOD INC 9 & BEG AT NE COR OF LT 10 S95FT W21.8FT NE95.23 ONE HERALD PLAZA FT E15.63FT TO POB BK 2 OF PB 4-12 6TH FLOOR 1401 BISCAYIE BLVD MIAMI FL 33132 F#01-3231-012-0050 LOT 15 MIAMI HERALD PUB CO 1420 N BAYSHORE DR 1 HERALD PLAZA F#01-3231-012-0080 MIAMI FL 33132 .T 16 MIAMI HERALD PUB CO 1410 N BAYSHORE DR ONE HERALD PLAZA F#01-3231-012-0090 MIAMI FL 33132 SERENA PARK PB 76-86 LOT 1 MIAMI HERALD POBLISHING CO 451 NE 14TH ST ONE HERALD PLAZA #1 F#01-3231-029-0010 MIAMI FL 33132 LOT 2 LESS R/W MIAMI HERALD 461 NE 14TH ST o TREASURER F#01-3231-029-0020 PO BOX 019669 MIA FL 33101 LOT 3 MIAMI HERALD 460 NE 14TH ST TREASURER F#01-3231-029-0030 PO BOX 019669 MIA FL 33101 $- 4211 SERENA PARR 1ST ADDN PB 80-8 BLOCK A TRACT A 1325 N BAYSHORE DR F#01-3231-030-0010 PORT OF PERSHING CT & WALDIN CT RESUB PB 4-148 MIAMI HERALD PUB CO 1 HERALD PLAZA MIAMI FL 33132 BLOCK 2 KNIGHT RIDER NEWSPAPERS INC LOT 9 MIAMI HERALD CO TREASUER 1345 N BAYSHORE DR PO BOX 019669 F#01-3231-013-0030 MIAMI FL 33132 LOT 10 & S1/2 OF LOT 11 1361 N BAYSHORE DR F#01-3231-013-0040 t_ c,WAY FILL PB 5 -12 0 BLOCK 2 ALL OF SUB OF CAUSEWAY FILL PB 5-120 LYG BETWEEN NE BAYSHORE PL & NE BAYSHORE CT LESS LTS P2 & P3 LESS PORT IN PB 76-86 & E137.5FT OF THAT PT OF LT 1 & E135FT OF THAT PART OF LT 2 BK 2 LYG W OF NE BAYSHORE PL PB 4-12 LTS 4 TO 6 INC & W3.23FT LT 7 BK 2 PB 30-20 LESS R/W 425 NE 13TH ST F#01-3231-018-0010 LOTS P2 & P3 LESS W20FT & LESS SLY PORTION NAW LYG IN R/W & LESS PEOPLE MOVER 435 NE 13TH ST F#01-3231-018-0011 LT P1 LESS BEG NW COR LT P1 S2.19FT TO POB & PC SELY ALG ARC OF CURVE 62.85FT TO A PT 6FT M/L N OF S/L OF LT P1 TH E84.02FT TO A PT ON CURVE SWLY ALG ARC OF CURVE 12.37FT TO S/L LT P1 '12.16FT N43.01FT TO POB FOR R/W NE 13TH ST F,,,1-3231-018-0071 KNIGHT RIDER NEWSPAPERS INC MIAMI HERALD CO TREASRER PO BOX 019669 MIAMI FL 33132 MIAMI HERALD PUB CO ATT TREASURER PO BOX 019669 MIAMI FL 33132 MIAMI HERALD PUB CO ATT TREASURER PO BOX 019669 MIAMI FL 33132 MIAMI HERALD PUB CO 1 HERALD PLAZA MIAMI FL 33132 9 8 - 4�I WINDSOR PARR PB 4-104 BLOCK 2 BLOCK 2 THAT PT LOTS 1 & 2 BLK 2 LYG W OF HERALD PLAZA'LESSE 137.50FT & THE SOFT OF S57.50FT OF COMBINED WITH LOTS 1 & 2LYG W OF SD BAYSHORE PL 1431 N BAYSHORE DR 328-330-360 NE 14 TERR BAYSHORE PL AKA W2.5FT OF E137. THAT PT OF SD & LTS 3-6 & .98- 4�;� WINDSOR PARK PB 4-104 MIA HERALD PUBLISHING CO 1 HERALD PLAZA MIA FL 33128 8- 4'/.,.1 EXHIBIT "C" GARDEN EDEN PB 4-12 BLOCK 1 F#01-3231-011-0060 LOT 9 & BEG NE COR OF LOT !) S127.3 FT W13.69 FT NE127.61FT 1455 BISC BLVD DADE COUNTY 111 NW 1ST ST #2460 MIA, FL 33128 98- 4 1 Case Number: 1997-0055 ZONING FACT SHEET 02-Mar-98 Item No: 5 Location: N. Bayshore Dr., NE 2 Ave., NE 14 St. and NE 13 St. Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Knight Ridder Inc & Metro Dade County Lucia A. Dougherty 1 Herald Plaza (Knight Ridder) 1221 Brickell Avenue 111 NW 1 Street (Dade County) Miami, FL Miami, FL 33131 App. Ph: (� —T Rep. Ph: (305) 579-0500 ext Rep. Fa ext Zoning: SD-6, 6.1 Central Commercial -Residential Districts Request: Variances as part of a Major Use Special Permit for The Performing Arts Center of Greater Miami, from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 606.8, Minimum yards, setbacks, open space and residential recreation space, and through block connections, to permit development with the following setbacks: 14'-0" (Biscayne Blvd. Opera/Ballet), 8'-0" (Biscayne Blvd. Concert Hall) (15'-0" required) and 0'-0" (N. Bayshore Dr. Concert Hall) (5'-0" required); to allow the following setbacks for the first 18 feet in elevation above the public sidewalk: 14'-0" (Biscayne Blvd. Opera/Ballet), 8'-0" (Biscayne Blvd. Concert Hall), 12'-0" (NE 2 Ave. Opera/Ballet), 8'-0" (NE 14 St. Opera/Ballet), 5'-0" (NE 13 St. Opera/Ballet), 10'-0" (NE 14 St. Concert Hall), 0'-0" (N. Bayshore Dr. Concert Hall) and 5'-0" (NE 13 St Concert Hall) (15'-0" required); to permit development between the height of 18 feet and 100 feet with the following yards: 14'-0" (Biscayne Blvd. Opera/Ballet), 8'-0" (Biscayne Blvd. Concert Hall) (15'-0" required) and 0'-0" (N. Bayshore Drive Concert Hall) (5'-0" required) and to permit development above the height of 100 feet with the following yards: 38'-0" (NE 2 Ave Opera/Ballet), 53'-0" (NE 14 St. Opera/Ballet), 13'-0" (NE 13 St. Opera/Ballet), 52'- 0" (Biscayne Blvd Opera/Ballet), 62'-0" (NE 14 St Concert Hall), 10'-0" ( N. Bayshore Dr. Concert Hall), 54'-0" (Biscayne Blvd. Concert Hall) and 46'-0" (NE 13 St. Concert Hall) (35'-0" required). Recommendations: Planning and Development: Approval with conditions Public Works: Replatting of the tracts on the east and west side of Biscayne Boulevard is required. Plat and Street Committee: See Public Works Departments comment. Dade County Transportation: No comments. Enforcement History, If any C.E.B. Case No: Last Hearing Date: 98- 4% ZONING FACT SHEET Case Number: 1997-0055 02-Mar-98 Item No: 5 Found: Violation(s) Cited: Ticketing Action: Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: Please see attached. Zoning Board Resolution No: ZB 1998-0025 Zoning Board: Approval Appellant: N/A Vote: 7-0 98- 42 ANALYSIS FOR VARIANCES AS A COMPONENT OF A MAJOR USE SPECIAL PERMIT for the PERFORMING ARTS CENTER CASE NO: 1997-0055 The requested Variances are a component of a Major Use Special Permit application for the purpose of allowing a Performing Arts Center Complex Development consisting of an Opera/Ballet House of approximately 250,000 square feet with 2,401 seats and a .Concert Hall of approximately 166,000 square feet with 2,194 seats; both buildings will also consist of accessory office and commercial space. The Performing Arts Center project shall be located within the area bounded by N. Bayshore Drive, N.E. 2"d Avenue, N.E. 14"' Street and N.E. 13"' Street, along Biscayne Boulevard (see attached legal description, location maps and aerial photographs for exact property boundaries). . Pursuant to Article 6, Section 606 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to permit structures with the following variances: Variances for yards: Opera/Ballet Concert Hall Required Proposed Biscayne Blvd. 15 feet 14 feet Biscayne Blvd. 15 feet 8 feet N. Bayshore Dr. 5 feet 0 feet Variances for setbacks for the first 18 feet in elevation above the sidewalk: Opera/Ballet Concert Hall Required Proposed Biscayne Blvd. 15 feet 14 feet Biscayne Blvd. 15 feet 8 feet N.E. 2" Avenue 15 feet 12 feet N.E. 14" Street 15 feet 8 feet N.E. 13" Street 15 feet 5 feet N.E. 10' Street 15 feet 10 feet N. Bayshore Dr. 15 feet 0 feet N.E. 13 Street 15 feet 5 feet 44 Variances for yards for development between 18 feet and 100 feet in elevation: Opera/Ballet Concert Hall Required Proposed Biscayne Blvd. 15 feet 14 feet Biscayne Blvd. 15 feet 8 feet N. Bayshore Dr. 5 feet 0 feet Variances for yards for development above 100 feet in elevation: Opera/Ballet Concert Hall Required Proposed N.E. 2nd Avenue 35 feet 38 feet N.E. 14`' Street 35 feet 53 feet N.E. 13' Street 35 feet 13 feet Biscayne Boulevard 35 feet 52 feet N.E. 14`h Street 35 feet 62 feet N. Bayshore Dr. 35 feet 10 feet Biscayne Boulevard 35 feet 54 feet N.E. 13"' Street 35 feet 46 feet *Note: City Commission approval is required for proposed pedestrian bridge crossing Biscayne Boulevard. In determining the appropriateness of the Variances for the proposed Performing Arts Center Complex, the following findings have been made: • It is found that the proposed Performing Arts Center Complex will benefit the Downtown District by creating a new state-of-the-art venue for the performing arts within the City of Miami for the enjoyment of residents and visitors. • It is found that the subject property, while substantial in size, has a series of other developmental problems which constitute a hardship to justify the requested variances. The specific hardships attached to the subject property are as follows: a) the zoning classification of SD-6 which is assigned to this property, was written approximately 15 years ago and has not been revisited for consistency with the realization of projects within this section of the Biscayne Boulevard corridor; as a result of the Performing Arts Center project, the Department of Planning and 2 Development has just completed a review of the extremely complex setback requirements in this district and has concluded that they are no longer appropriate; an amendment to the setback provisions of the SD-6 District has been prepared by the Planning Department and is in the process of being considered for approval by the City Commission; the proposed project would not require as many variances under the new setback provisions proposed; and b) Another significant hardship attached to this property is the property's size in comparison to the architectural requirements associated with a Performing Arts Complex; it is specifically stated in the "Intent" section of the SD-6 District that this district is intended "to promote development of a mixed -use complex, including a public performing arts center"; there are very few possible sites within the entire downtown area (let alone the SD-6 District in which the City has specifically called out its intentions for such a facility) of a sufficient size to accommodate the space requirements associated with a state-of-the-art performing arts center complex; it is evident that the proposed design solution offered by the applicant is in an attempt to comply to the extent possible with the city's requirements while not jeopardizing the needs and integrity of the proposed facility. • It is found that the setback variances being requested are in order to develop a project which can provide the minimum dimensions required to accomplish the goal of the district to promote the development of a performing arts center; it is also found that the result is an impressive presence along Biscayne Boulevard befitting this corridor into downtown Miami. • It is found that the proposed project offers the most reasonable solution to the design problems facing this particular site with the regulations which were in place at the time of the application. • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project from its public meeting held on February 11, 1998. • It is found that the Large Scale Development Committee (LSDC) met and has reviewed the project for compliance with technical concerns to be complied with prior to the issuance of building permits. • It is found that the Historic and Environmental Preservation Board (HEPB) reviewed the proposed "Sears Tower" historic preservation component of this project at its meeting held on February 17, 1998 and recommended approval with the condition that a final color scheme be submitted for the board's review and approval. 3 9 8 - 4?1 • It is found that the lack of on -site parking is a concern due to the impact that it will have on adjacent areas having to accommodate large numbers of vehicles; a traffic management plan and identification of off -site parking facilities will be required six months prior to the issuance of a Certificate of Occupancy. Based on these findings, the Department of Planning and Development is recommending approval of the requested variances with the conditions that the applicant comply with all the conditions of the Development Order for the project; a draft of the Development Order will be available at the meeting. 4 Tea Na N/A �/y� / �(���y "i -5 3 M1 peL -COrld IOrIS:ar1dl tanCeS" -0 : J :!J Special cm d*m are remelt` of powmernre pecuiar to the prapaty>. Literal smpretation.Df U& ance=utw undue l ardd* an per::." :�, C Graft voiance cornreys'rame Ero&m ttaoM w i) D -O Variance. i granted, itd*u irrmrmvadmmform useolpopert� Is in team" wilt generali tart and purPmd-odnance. �JJJ h(( i-i L l� ;)�..1r1 98- 421 Miami Zoning Board Resolution: ZB 1998-0025 Monday, March 02,1998 Mr. Juvenal Pina offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE VARIANCES AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE PERFORMING ARTS CENTER OF GREATER MIAMI, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 606.8, MINIMUM YARDS, SETBACKS, OPEN SPACE AND RESIDENTIAL RECREATION SPACE, AND THROUGH BLOCK CONNECTIONS, TO PERMIT DEVELOPMENT WITH THE FOLLOWING SETBACKS: *14'-0" (BISCAYNE BLVD. OPERA/BALLET), 8'-0" (BISCAYNE BLVD. CONCERT HALL) (15'-0" REQUIRED) AND 0'-0" (N. BAYSHORE DR. CONCERT HALL) (5'-0" REQUIREDj, TO ALLOW THE FOLLOWING SETBACKS FOR THE FIRST 18 FEET IN ELEVATION ABOVE THE PUBLIC SIDEWALK: 14'-0" (BISCAYNE BLVD. OPERA/BALLET) 8'-0" (BISCAYNE BLVD. CONCERT HALL), 12'-0" (NE 2 AVE. OPERAIBALLET), 8'-0" (NE 14 ST. OPERA BALLET), 5'-0" (NE 13 ST. OPERA/BALLET), 10'-0" (NE 14 ST. CONCERT HALL), 0'-0" (N. BAYSHORE DR. CONCERT HALL) AND 5'-0" (NE 13 ST. CONCERT HALL) (15'-0" REQUIRED); TO PERMIT DEVELOPMENT BETWEEN THE HEIGHT OF 18 FEET AND 100 FEET WITH THE FOLLOWING YARDS: 14'-0" (BISCAYNE BLVD. OPERA/BALLET), 8'-0" (BISCAYNE BLVD. CONCERT HALL) (15'-0" REQUIRED) AND 0'-0" (N. BAYSHORE DR. CONCERT HALL) (5'-0" REQUIRED) AND TO PERMIT DEVELOPMENT ABOVE THE HEIGHT OF 100 FEET WITH THE FOLLOWING YARDS: 38'-0" (NE 2 AVE. OPERA/BALLET), 53'-0" (NE 14 ST. OPERA/BALLET), 13'-0" (NE 13 ST. OPERA/BALLET), 52'- 0" (BISCAYNE BLVD. OPERA/BALLET), 62'-0" (NE 14 ST. CONCERT HALL), 10'-0" (N. BAYSHORE DR. CONCERT HALL), 54'-0" (BISCAYNE BLVD. CONCERT HALL) AND 46'-0" (NE 13 ST. CONCERT HALL) (35'-0" REQUIRED) FOR THE PROPERTY LOCATED AT N. BAYSHORE DRIVE, NE 2ND AVENUE, NE 14TH STREET AND NE 13TH STREET LEGALLY DESCRIBED AS EXHIBITS "A, Al AND A2" HEREBY ATTACHED; ZONED SD 6, 6.1 CENTRAL COMMERCIAL -RESIDENTIAL DISTRICTS. THESE VARIANCES WERE RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION PER PLANS ON FILE WITH A TIME LIMITATION OF TWENTY -:FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND THEY ARE SUBJECT TO ALL THE CONDITIONS AS SPECIFIED IN THE DEVELOPMENT ORDER. Upon being seconded by Mr. Tucker Gibbs, the motion was passed and adopted by the following vote: Mr. George Barket Yes Ms. Gloria M. Basila Yes Mr. Tucker Gibbs Yes Ms. Ileana Hernandez -Acosta Yes Ms. Christine Morales Away Mr. Osvaldo Moran-Ribeaux Yes Mr. Paris A. Obregon Yes Mr. Juvenal Pina Yes Case No.: 1997-0055 Item Nbr: S 9 8= 4 2 1 Miami Zoning Board Resolution: Z61998-0025 Ms. Fernandez: Motion carries 7-0 Monday, March 02,1998 AYE: 7 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 L. Ferna7nhin�- Teresita,f Office of Hearing Boards Case No.: 1997-0055 Item Nbr: 5 V LEGAL DESCRIPTION - Exhibit "A" ALL OF LOTS 17, 19. AND 20, AND THAT PART OF WALDIN COURT LYING WESTERLY OF LOTS 17 AND 18 DESCRIBED AS: FOR A POINT OF BEGINNING, BEGIN AT THE NORTHWEST CORNER OF LOT 17. THENCE WEST 35 FEET TO THE NORTHEAST CORNER OF LOT 15; THENCE SOUTH ALONG THE EAST LINE OF 1_01 15. 42 7 FEET: THENCE SOUTHEAST ALONG THE EASTERLY ,RIGHT-OF-wA r OF BISCAi NE BOULEVARD 49.47 FEET TO THE WEST LINE OF LOT 18: THENCE NORTH ALONG THE WEST LINES OF LOTS 18 AND 17 TO THE POINT OF BEGINNING; AND LOT 18 LESS THAT PORTION OF LOT 18 DESCRIBED AS. THE SOUTH 5 FEET THEREOF AND THAT PART OF LOT 18 DESCRIBED AS: BEGIN ON THE WEST LINE OF LOT 18, 5 FEET NORTH 0'- THE SOUTHWEST CORNER AS POINT OF BEGINNING; THENCE EAST PARALLEL TO THE SOUTH LI.'•IE OF LOT 62.81 FEET; THENCE NORTHWEST TO THE WEST LINE OF LOT 18 TO A POINT (, FEET NORTH OF THE POINT OF BEGINNING, T;-:_NCE SOUTH 62.78 FEET ALONE: THE WESTERLY LINE OF LOT 18 TO THE POINT OF BEGINNING; ALL IN FIRST. ADDITION TO WALDIN COURT, AS PER PLAT IN PLAT BOOK 6. AT PACE 23, Of PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER ` iTH THE . IMIPROVEMENTS THEREOF. AND THE EAST 15 FEET OF LOT 5 AND ALL OF L GT 6, OF PASQUEP.ELLO'S SUBDIVISION, OF LOT 5 OF BLOCK 3, OF PIC"�';EP,'S ADDITION TO THE CITY cl MIAM!, SAID PASOUERELLO'S SUBDIVISION SE'';C RECORDED IN P'_4T BOOK 4 AT PAGE 149. OF THE PUBLIC RECORDS OF C^,DE COUNTY, FLC?IDA AND LOT _ , GF !RST ADDITION TO WALD!", 0 TG T,-,`PEG', �.S RECORDED IN PLAT BOOK 6, T Pr.CE T _ CF P. BL PEC't Gi . FLORIDA. -' V'1 �/'� l..�J �J �`1��� I ITYy 98- 421 ffiIBIT LEGAL DESCRIPTION TRACT "A" OF THE PLAT OF BOULEVARD TRACT, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 100 AT PAGE 65 OF THE PUBLIC RECORCS OF DADE COUNTY. FLORIDA. 98-- 421 LOTS 4, 5, AND 6 OF w SIN COURT, ACCORDING TO THE P' THEREOF, AS RECORDED IN PLAT BOOK +, AT PAGE 148 OF THE PUBLIC RL,-ORDS OF DADE COUNTY, FLORIDA. AND LOTS 1 1, 12, 13, 14. 15. AND 1 6 OF BLOCK 3 OF PERSHING COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 147. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. 0rge Fernandez, II` PLS .Vo. 5103 NOT VALID WIT -TOUT THE SIGNATURE AND ORIGINAL ;f,ScJ SEAL GR A -,UORIDA LICENSED SURVE'YOR tND 98 - 42 ZONING BOARD ACTION IN PETITION FOR VARIANCE MOTION: I ove that he '^ t request on agenda i^ m be ( ied) (granted) in that the r rement3 of S, ion 1903.1 (were) (were not) ..atisfied by relevant evidence in the record of the public hearing. Ca� as stated in the City's finds of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: -------------------------- -------------------------------------- The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHECK ONS a) Special conditions and circumstances (exist) (do or EACH not exist) which are peculiar to the land, STATEMYT structure or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner _ 3) as otherwise stated below: b) The special conditions and circumstances (do) (do not) result from the actions of the petitioner: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: c) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the applicant of rights commonly enjoyed by other' properties in the same zoning district under the terms of the zoning ordinance and. work unnecessary and undue hardships on the petitioner: _ 1) as stated ih the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: 1. 9 E` d) Granting the variance requested (:gill) (WL- i zct) �nvey the same treatment to tr, individual Mer as to the owner of other land buildings, _r structures in the same zoning dis�:ict. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below e) Granting the variance requested (will) (will not) convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be) (will not be) In harmony with the general intent and purpose of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: sign Date �S Item S 44�v t_ ZONING FACT SHEET Case Number: 1998-0105 16-Mar-98 Item No: 9 Location: N.Bayshore Dr.,NE 2 Ave., NE 14 St., and NE 13 St. Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Knight Ridder Inc. & Metro Dade County Lucia A. Doughterty, Esquire 1 Herald Plaza (Knight Ridder) 1221 Brickell Avenue 111 NW 1 Street (Dade County) Miami, FL Miami, FL 33131 App. Ph: (� Rep. Ph: (305) 579-0500 ext Rep. Fa ext Zoning: SD-6, 6.1 Central Commercial -Residential Districts Request: Variance as part of a Major Use Special Permit for the Performing Arts Center of Greater Miami, from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 6, Section 606.10.1, Minimum and Maximum Qffstreet Parking Limitations, to waive one (1) of the required one (1) offstreet parking space (Opera/Ballet) and to waive one (1) of the required one (1) offstreet parking space (Concert Hall). Recommendations: Planning and Development: Public Works: Plat and Street Committee: Dade County Transportation: Enforcement History, if any C.E.E Found: Violation(s) Cited: N/A Ticketing Action: N/A Approval with conditions Replatting of the tracts on the east and west side of Biscayne Boulevard is required. See Public Work Department comments. - No comments. Case No: N/A Last Hearing Date: N/A Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $0.00 Lien Recorded on: CEB Action: History: Analysis: Please see attached. Comply Order by: 98- 4 ' I Case Number: 1998-0105 ZONING FACT SHEET 16-Mar-98 Zoning Board Resolution No: ZB 1998-0040 Zoning Board: Approval Appellant: N/A Item No: 9 Vote: 8-0 98- 421 ANALYSIS FOR VARIANCES AS A COMPONENT OF A MAJOR USE SPECIAL PERMIT for the PERFORMING ARTS CENTER CASE NO: 1998-0105 The requested Variances are a component of a Major Use Special Permit application for the purpose of allowing a Performing Arts Center Complex Development consisting of an Opera/Ballet House of approximately 250,000 square feet with 2,401 seats and a Concert Hall of approximately 166,000 square feet with 2,194 seats; both buildings will also consist of accessory office and commercial space. The Performing Arts Center project shall be located within the area bounded by N. Bayshore Drive, N.E. 2nd Avenue, N.E. 14`' Street and N.E. 13`h Street, along Biscayne Boulevard (see attached legal description, location maps and aerial photographs for exact property boundaries). Pursuant to Article 6, Section 606 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to permit structures with the following variances: Variances for parking: Required Proposed Opera/Ballet 1 0 Concert Hall 1 0 *Note: City Commission approval is required for proposed pedestrian bridge crossing Biscayne Boulevard. - In determining the appropriateness of the Variances for the proposed Performing Arts Center Complex, the following findings have been made: • It is found that the proposed Performing Arts Center Complex will benefit the Downtown District by creating a new state-of-the-art venue for the performing arts within the City of Miami for the enjoyment of residents and visitors. 98 - 4%1 • It is found that on March 2, 1998, the Zoning Board recommended for approval of setback variances for the proposed Performing Arts Center. • It is found that the subject property, while substantial in size, has other developmental problems which constitute a hardship to justify the requested variances; the hardship is the property's size in comparison to the architectural requirements associated with a Performing Arts Complex; it is specifically stated in the "Intent" section of the SD- 6 District that this district is intended "to promote development of a mixed -use complex, including a public performing arts center"; there are very few possible sites within the entire downtown area (let alone the SD-6 District in which the City has specifically called out its intentions for such a facility) of a sufficient size to accommodate the space requirements associated with a state-of-the-art performing arts center complex; it is evident that the proposed design solution offered by the applicant is in an attempt to comply to the extent possible with the city's requirements while not jeopardizing the needs and integrity of the proposed facility; the provision of on -site parking spaces would not have allowed the facility to be designed in the manner in which it is proposed. • It is found that the parking variances being requested are in order to develop a project which can provide the minimum dimensions required to accomplish the goal of the district to promote the development of a performing arts center; it is also found that the result is an impressive presence along Biscayne Boulevard befitting this corridor into downtown Miami. • It is found that the proposed project offers the most reasonable solution to the design problems facing this particular site with the regulations which were in place at the time of the application. • It is found that the Urban Development Review Board (UDRB) has recommended approval of the proposed project from its public meeting held on February 11; 1998. • It is found that the Large Scale Development Committee (LSDC) met and has reviewed the project for compliance with technical concerns to be complied with prior to the issuance of building permits. • It is found that the lack of on -site parking is a concern due to the impact that it will have on adjacent areas having to accommodate large numbers of vehicles; a traffic management plan and identification of off -site parking facilities will be required six months prior to the issuance of a Certificate of Occupancy. Based on these findings, the Department of Planning and Development is recommending approval of the requested variances with the conditions that the applicant comply with all the conditions of the Development Order for the project. 2 421 ddNpdate a Case �', Supporting Materials zg Board Histay Zarting Board i3esokbarr fepotts Set Up _._.. Zomg f3oardAr►aysis Erifarxrnent History Yararw Gase�#.Y,fBp�€15. Yes NoN/A = - y` ib 7 ..pedal � and vi twsce. .S eiW wF# of e p to Ow pope*. >,� ,_,� � Spew cor�traru�ara taSUlt of.petitioner's anions: _...� , � .. !' " t t ifefai pteiahon d" id cases ur in hardship on petit m. !°`1 J J Giar�ing w�"rance rxrn►+W'same treabnent to owner. ! f} :D , ^, Variarmj granted, is the ni*nn variance for reasorr de use of properly. �) �1 Is irk hamrorrp with general intent artti purpose of.ordinarx� i - c! 98- 421 Miami Zoning Board Resolution: ZB 1998-0040 Monday, March 16,1998 Ms Ileana Hernandez -Acosta offered the following Resolution and move its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF A VARIANCE AS PART OF A MAJOR USE SPECIAL PERMIT FOR THE PERFORMING ARTS CENTER OF GREATER MIAMI, FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 606.10.1, MINIMUM AND MAXIMUM OFFSTREET PARKING LIMITATIONS, TO WAIVE ONE (1) OF THE REQUIRED ONE (1) OFFSTREET PARKING SPACE (OPERA BALLET) AND TO WAIVE ONE (1) OF THE REQUIRED ONE (1) OFFSTREET PARKING SPACE (CONCERT HALL) FOR THE PROPERTY LOCATED AT N. BAYSHORE DRIVE, NE 2ND AVENUE, NE 14TH STREET AND NE 13TH STREET LEGALLY DESCRIBED AS EXHIBIT "A" HEREBY ATTACHED. THIS VARIANCE WAS RECOMMENDED FOR APPROVAL TO THE CITY COMMISSION WITH A TIME LIMITATION OF TWENTY-FOUR (24) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED AND IT IS SUBJECT TO THE FOLLOWING CONDITIONS: FROM THE DEPARTMENT OF PLANNING AND DEVELOPMENT, THAT THE APPLICANT COMPLY WITH ALL THE CONDITIONS OF THE DEVELOPMENT ORDER FOR THE PROJECT, AND FROM THE DEPARTMENT OF PUBLIC WORKS, THAT REPLATTING OF THE TRACTS ON THE EAST AND THE WEST SIDE OF BISCAYNE BOULEVARD ARE REQUIRED. Upon being seconded by Mr. Osvaldo Moran-Ribeaux, the motion was passed and adopted by the following vote: Mr. George Barket Away Ms. Gloria M. Basila Yes Mr. Tucker Gibbs Yes _ Ms. Ileana Hernandez -Acosta Yes Ms. Christine Morales Yes Mr. Osvaldo Moran-Ribeaux Yes Mr. Paris A. Obregon Yes Mr. Humberto J. Pellon Yes Mr. Juvenal Pina Yes AYE: 8 NAY: 0 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 1 Ms. Fernandez: Motion carries 8-0 Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 1998-0105 Item Nbr: 9 98�- 4%i .4 V J 1 CIA i, ALL OF LOTS 17. 19. AND 20, AND THAT PART OF WALDIN COURT LYING WESTERLY OF LOTS 17 AND 18 DESCRIBED AS: FOR A POINT OF BEGINNING, BEGIN AT THE NORTHWEST CORNER OF LOT 17. THENCE WEST 35 FEET TO THE NORTHEAST CORNER OF LOT 15; THENCE SOUTH ALONG THE EAST LINE OF Lol 15. 4_ 7 FEET. THENCE SOUTHEAST ALONG THE EASTERLY RIGHT— jF-4A( OF SISCAi' NE BOULEVARD 49.47 FEET TO THE WEST LINE OF LOT 18. THENCE NORTH ALONG THE WEST LINES OF LOTS 18 AND 17 TO THE POINT OF BEGINNING, AND LOT 18 LESS THAT PORTION OF LOT 18 DESCRIBED AS THE SOUTH 5 FEET THEREOF AND THAT PART OF LOT 13 DESCRIBED AS: BEGIN ON THE ',BEST LINE OF LOT 18, 5 FEET NORTH OF THE SOUTHWEST CORNER AS ,N POINT OF BEGINNING; THENCE EAST PARALLEL TO THE SOUTH LI-NE OF LOT 1,i 62.81 FEET; THENCE NORTHWEST TO THE viEST LINE OF LOT 18 TO A POINT i FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTH 62.78 FEET ALONE' . THE 'NESTERLY LINE OF LOT 18 TO THE POINT OF BEGINNING; ALL IN FIRST. ADDITION TO WALDIN COURT, AS PER PLAT IN PLAT BOOK 6, AT PACE 23, OI PUBLIC RECORDS OF DADE COUNTY, FLORIDA. TOGETHER `tJITH THE iMPROVEYENTS THEREOF. AND THE EAST 15 FEET OF LOT 5 AND ALL OF LGT 6, OF PASOUEPELLO'S SUBDIVISION. OF LOT 5 OF BLOCK 3, OF RIC''nEP,'S ADDITION 70 THE CIT`( M!AMI, SAID PASOUERELLO'S SUBDIVISION ?_"; s RECORDED IN P'-AT 900K a, AT PAGE 149, OF THE PUBLIC RECORDS OF COUNTY, FLCPIDA AND _ iRS- - LOT 211 � -,S RECORDED IN PLAT 300K E. OF �, 3: ?E`'l I I CF DE -�u;v TY, FLORIDA, .3 98- 421 LEGAL DESCRIPTI 'KI TRACT "A" OF THE PLAT OF BOULEVARD TRACT. ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 100 AT PAGE 65 OF THE PUBLIC RECO?C� OF DADE COUNTY, FLORIDA, 98- 421 LOTS 4. 5, AND 6 OF WALDIN COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 14$ OF THE PUBLIC P' 'ORDS OF DADS COUNTY, FLORIDA. AND LOTS 11, 12. 13, 14. 15. AND 16 OF BLOCK 3 OF PERSHING COURT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 147, OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. Jorge "Fernandez, II'..) PLS AV 5103 NQT VALID WIT-QUT THE SICNATUPE AND OR;-,INAL FASE, SEAL OF A -,LORIDA LICENSED SURVEYOR <NO �tAc?ER 98- 421 ZONING BOARD ACTION ON PETITION FOR VARIANCE NOTION: I no -quest on agenda item be (denift-j ( ran S in that the requirements of Section 1903.1 (:sere) (were not) satisfied by relevant evidence in the record of the public s�hearing. f a); as stated in the (:ity's finds of fact, or b) as demonstrated by the petitioner, or c) on the basis of the following: -------------------------- -------------------------------------- The Zoning Board shall make findings that all of the requirements and standards of Section 1903.1 (have been) (have not been) demonstrtated. CHECK ONE a) Special conditions and circumstances (exist) (do or EACH not exist) which are peculiar to the land, STATMMNT structure or building involved and which are not applicable to other lands, structures, cr buildings in the same zoning district. 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: b) The special conditions and Icircumstances (do) (do not) result from the actions of the petitioner: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: c) Literal interpretation of the provisions of the zoning ordinance (would) (would not) deprive the. applicant of rights commonly enjoyed by other' properties in the same zoning district under the terms of the zoning ordinance and. work unnecessary and undue hardships on the petitioner: 1) as stated ih the City's findings of fact _ 2) as demonstrated by the petitioner 3) as otherwise stated below: 1 98- �w1 .rrant_ng _ne %ar_ance reque3:ea ..+� _� N� .,or convey the same treatment to the i%divitual owne- as to the owner of other lands, bu 'dings, or ctures in the same zoning distric 1) as stated in the city's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below e) Granting the variance requested (will) (will not) convey the same treatment, any special privilege that is denied by the zoning ordinance to other lands, buildings or structures in the same zoning district. f) If granted the variance (will be) (will not be) in harmony with the general intent and purpose of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare: 1) as stated in the City's findings of fact 2) as demonstrated by the petitioner 3) as otherwise stated below: Sign Ai Date Item CITY OF MIAMI ' OFFICE OF HEARING BUARDS APPLICATION FOR VARIANCE SECTION 2.653 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, GENERALLY REQUIRES ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. NOTE: THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. A Variance is a relaxation of the terms of the Zoning Ordinance where such action will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship on the property. As used in the Zoning Ordinance, a Variance is authorized only for height, area, size of structure, dimensions of yards, other open spaces, off-street parking and/or loading requirements (see Article 19 of the Zoning Ordinance). Dagren Inc. Knight Ridder Inc .v and Metropolitan Dade Cty (,Lucia A. Dougherty on behalf of----_, hereby petition the City of Miami Zoning Board for a Variance from the terms of the Zoning Ordinance of the City of Miami, affecting property located at approximately 1300 and 1301 Biscavne Boulevard between N.E. 13th & 14th Streets , folio number as specified below. In support of this application, the following material is submitted. X l . Two original surveys of the property prepared by a State of Florida Registered Land Surveyor within one year from the date of application. X 2. Four copies -signed and sealed by a State of Florida Registered Architect or Engineer -of site plans showing (as required) property boundaries, existing (if any) and proposed structure(s_.}, parking, landscaping, etc., building elevations and dimensions and computations of lot area and building spacing. X 3. Affidavits disclosing ownership of property covered by applications and disclosure of interest form (attached to application). X 4. Certified list of owners of real estate within a 375-foot radius of the outside boundaries of property, covered by the application. X 5. At least two photographs that show the entire property (land and improvements). 98- 42. X 6. Recorded warranty de nd tax forms for the most current year ai ble that show the present owner(s) of the property. 7. Other (Specify and attach cover letters explaining why any document you are attaching is pertinent to this application). X 41,521.00 8. Fee of $ to apply toward the cyst of processing, according to Section 42- l 56 of the Zoning Ordinance: CS, PR, R-1, R-2, (single-family and duplex residential uses)......................$250.00 Piers, docks, wharves and the like, for each Variance from the ordinance, per lineal foot...............................................................................$ 45.00 Minimum........................................................................................................$700.00 All applications for Variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in Section 2502 of Zoning Ordinance, as amended..................................................................................$ .10 Minimum........................................................................................................$650.00 Application for Variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per Variance: CS, PR, R-1, R-2...........................................................................................$250.00 All other residential districts .........................................................................$450.00 All nonresidential districts............................................................................�»v.uv Extension of time for Variance.....................................................................$500.00 Public hearing mail notice fees, including cost of handling and mailingper notice......................................................................................._$ 3.50 Surcharge equal to applicable fee from items above, not to exceed eight hundred dollars (800.00), except from agencies of the City; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred and seventy-five (375) feet of the subject property X 9. The Variance request is for relief from the provisions of Section of the City of Miami Zoning Ordinance as follows: See attached Exhibit "3" 9 8 - 4�I X i 0. f n support of the appl;^ztion, the applicant is prepared to offer the 'owing evidence, on the point enumerated at SectiL ?03 of the City of Miami Zoning Ordinan,— Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. X (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district in that: (list evidence to be produced and use additional sheets, if necessary.) See attached Exhibit "2" X (b) The special conditions and circumstances do not result from the actions of the petitioner in that: See attached Exhibit "2" X (c) Literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Ordinance and would work unnecessary and undue hardships on the petitioner in that: See attached Exhibit "T" X (d) Granting the Variance requested will not confer on the petitioner that special privilege that is denied by the Zoning Ordinance to other lands, buildings, or structures in the same zoning district in that: See attached Exhibit "2" X (e) The Variance, if granted, is the minimum Variance that will make possible the reasonable use of the land, building or structure in that: See attached Exhibit "2" 98- 42 X (f) The grant of the Variance will be in harmony with the general intent and purpose of the Zoning Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. See attached Exhibit "2" Note: All documents, reports, studies, exhibits or other written or graphic material to be submitted to the Zoning Board shall be submitted with this application. t / Signature i Name Lucia A.. Dougherty,Esquire Address 1221 Br icke l l Avenue Miami, Florida 33131 Telephone (305) 579-0603 Date January 9, 1998 98- 42 STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of January 19 98, by Lucia A. Dougherty who is personally known to metro h F*e"—d and who did (did not) take an oath. Name:i,� Notary Public -State of F1 ri a OFFICIAL NMARY SEAL Commission No.: MARISOL R GONZALEZ NOTARY PUBLIC STATE OF FLOI My Commission Expires COMMISSION NO. CC403667 MY COMMISSION EXP. SEPT 17.1 r,trrr*rrrrr,►r,►rrrrrrrrrrrrrrrrrrrrsrrrrrr,►rrrrrrrrrr,rr,►rrrrrrrrrr+►rsrrrrrrrrr,errrwrrrrr,rrrrt*r*,� STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19-----., by of - a corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: **�rrrrr,r,r*rrrr,►�r*r***rrrrrrrrrrr,►r:,►rrrrrrr+►rtrr*rrrrrrrrsrrrr,rrrrrrrrrr,►r,►*rrrrrrrr,►rr,rrrrrrr STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of 19 by partner (or agent) on behalf of a partnership. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. Name: Notary Public -State of Florida Commission No.: My Commission Expires: 98 - 4 1 Exhibit 1 PERFORMING ARTS AREA ENCOMPASSED BETWEEN N. BAYSHORE DRIVE, N.E. 2" AVE, N.E. 141' ST AND N-E. 13 `H ST (ZONED SD-6 (Central Commercial Residential District), AREA OF N.E. 14TH ST AND BISCAYNE BLVD ARE DESIGNATED AS PEDESTRIAN STREETS) MAJOR USE SPECIAL PERMFF, as per City of Miami Zoning Ordinance 11,000 as amended Art 17 sec 1701(2) to permit a nonresidential development in excess of two hundred thousand square feet of floor area. VARIANCE(S), as per City of Miami Zoning Ordinance 11,000 as amended Art 6 sec 606.8.1 to permit development with the following yards. OPERA/BALLET CONCERT HALL. _REQUIRED PROPOSED' 'BISCAYNE BLVD 15 FT 14 FT BISCAYNE 13LVD 15 FT 8 N.BAYSHORE DR 5 FT 0 FT VARIANCF.(S), as per City of Miami Zoning Ordinance 11,000 as amended Art 6 sec 606.8.2.1 to allow development with the following setback for the first 18ft in elevation above the public sidewalk: OPERA/BALLET CONCERT HALL REQUIRED PROPOSED BISCAYNE I3LVD 15 FT 14 FT BISCAYNE BLVD 15 FT 8 FT N.E. 2"0 AV 1517 12 FT N.E. 14 ST 15 FT 8 FT N.E. 13 ST 15 FT 5 FT N.L. 14 ST 15 FT 101: F N. RAYSHORE DR 15 FT 0 FT N.L. 13 ST 15 FT 5 FT VARIANCE(S), as per City of Miami Zoning Ordinance 11,000 as amended Art 6 sec 606.8.2.2 to permit development between the height of 18 ft and 100 ft with the following yards. OPFRA/BALLET CONCERT_ HALL REQUIRED PROPOSED DISC. BLVD 15 FT 14 FT BISCAYNE BLVD 15 IT S N 1• N.BAYSHORE DR 5 FT 0 FT 98- 421 VARIANCE(S), as per of Miami Zoning Ordinance 11,000 a, vended Art 6 sec 606.8.2.2 to permit development above the height of 100 feet with the following yards. OPERA/BALLET CONCERT HALL REQUIRED PROPOSED " N.E. 2 AV 35 FT 38 FT N.E. 14 ST 35 FT 53 FT N.E. 13 ST 35 FT 13 FT BISCAYNE BLVD 35 FT 52 FT N.E. 14 ST 35 FT 62 FT N. BAYSHORE DR 35 FT 10 FT BISCAYNE BLVD 35 FT 54 FT N.E. 13 ST 35 FT 46 FT VARIANCE(S), as per City of Miami Zoning Ordinance 11,000 as amended Art 6 sec 606.10.1 to permit retail use (Kiosk) with the following parking:. REQUIRED PROPOSED OPERA/BALLET 1 0 CONCERT HALL 1 0 City of Miami Commission approval required for proposed pedestrian bridge crossing Biscayne Blvd. SUBJECT TO: • Re -plat of all lands encompassed within this application as well as all conditions/limitations imposed by the Public Works Department. • The Major Use Special Permit encompasses the following special permits: 1. Class II for development as required by Art 6 sec 603.3.1 of the City of Miami Zoning Ordinance 11,000 as amended. 2. Class II for a project designed as a single site and it occupied lots divided by a street or alley (Art 9 sec 903.1 City of Miami Zoning Ordinance 11,000 as amended). • Providing the required vision clearance triangle as required by the City of Miami Zoning Ordinance 11,000 as amended Art 9 sec 908.11. - NOTES: • Proposed pedestrian bridge over N.E. 2 Ave has not been considered under this review. • Maximum F.A.R. (Floor Area Ratio) depicted on the Project Summary table is 8.8, however the maximum F.A.R. allowed in area is 8.4 (sec 606.7.1(3) ). Javier Carbonell Zoning Insp H; February 24, 1998 98- 421 EXHIBIT "2" VARIANCE JUSTIFICATIONS 9A. In support of the application, the applicant is prepared to offer the following evidence, on the point enumerated at Subsection 1903.1 of the City of Miami Zoning Ordinance. Note: This application cannot be accepted for Zoning Board action unless all of the following six items are completed. (a) Special conditions and circumstances exist which are peculiar to the land, structure, or building Involved and which are not applicable to other lands, structures, or buildings in the same zoning district In' that: (list evidence to be produced and use additional sheets, if necessary.) Setback Variances The Performing Arts Center of Greater Miami is a unique project, in that it will be the only full service Performing Arts Center in Dade County, In order to successfully build this project, it was essential for it to be located within the urban City area and to provide a large number of seats for the Concert Hall which will have 2,200 seats, and the Ballet/Opera House which will have 2,480 seats. It was extremely difficult to compile a large enough parcel of land within the urban City area, in order to build a structure of this size, as well as the tremendous cost involved. All of the land was donated for this project, and it is located in the perfect location to serve the residents of the City of Miami, the City of Miami Beach, the City of South Miami, Coral Gables, Hialeah and Dade County, among others. For these reasons, setback variances which the SO-6 district requires, are being requested for the two buildings. For all setback variances being requested for the building height of 100 feet or less, all of the variances only range from one (1) foot to no more than seven (7) feet, except for one variance request which requires 15 feet. In order to provide the unique shape and the interior layout and acoustics needed for the Concert Hall and Ballet/Opera House, the architect was required to design the buildings which ultimately resulted in the requirement for the requests for variances. However, the design allowed other areas for open space and urban placement. The setback variances required for those portions of the building over 100 feet, are required because every portion of the buildings are not setback exactly 35 feet. Six of the walls requiring variances from section 606.8.2.2, are actually setback further than 35 feet (they range in setback from 38 to 62 feet), however, this provision of the Zoning Ordinance says the building must be setback at - 421 exactly 35 feet. The application of this provision obviou§iy does not make common sense. Parking Yariances The SD-6 district was designed in order to encourage use of public transportation and in fact discourage use of private automobiles. The parking variances requested for the proposed retail use for the sale of merchandise in kiosks will require 1 parking space for the Ballet/Opera House and 1 parking space for the Concert Hall. Retail kiosks are an accessory use to the Concert Hall and Ballet/Opera House, however the Zoning Ordinance requires a total of 2 parking spaces to be provided. The kiosks will primarily only be open during a show, however, in the event these facilities may be open during non -show times, the parking variance is being requested. However, it is highly unlikely that individuals will drive to the Performing Arts Center solely for the use of the kiosks. (b) The special conditions and circumstances do not result from the actions of the petitioner in that: Setback and Parking Variances Sears donated to Dade County 3.5 acres for the construction of the Ballet/Opera House and Knight Ridder, Inc., has pledged to donate 2.4 acres to Dade County for the construction of the Concert Hall. The number of acres is small for a facility of this size, only 6.1 net acres. In order to construct a successful Performing Arts Center, it is necessary to build a large facility, such as the one designed, which requires variances for the setbacks and parking. (c) Literal Interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance and would work unnecessary and undue hardships on the petitioner in that: Setback and Parking Variances The Performing Arts Center is to serve and benefit the entire community, and its completion would not be possible without the required variances. (d) Granting the variance requested will not confer on the petitioner any special privilege that is denied by the zoning ordinance to other lands, buildings, or structures In the same zoning district in that: 4 98= 421 Due to the size of tht rroperty and the unique charactenb�,cs of the proposed project, a hardship would exist without the variances. (e) The variance, if granted, Is the minimum variance that will make possible the reasonable use of the land, building, or structure in that: Setback and Parking Vary The Performing Arts Center is requesting minor variances for the proposed project. (0 The grant of the variance will be in harmony with the general intent and purpose of the zoning ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Setback Variances The Performing Arts Center will serve and benefit the entire community and will be In harmony with the SD-6 district. Parkingylriances The SD-6 district encourages use of public transportation and _ seeks to discourage driving to this area. The proposed Performing Arts Center will have ample parking and access available, in that the Omni parking garage is located only one block to the north. In addition, the Performing Arts Center can be accessed by the Metro Mover which has two stations, one located to the north and the other to the south. %41AUVPMWA;49W 1 CI*rr411. D0G*V SW al"a "yr.&sus wwsauty IDCrll i lntle the J' J day of August . A. IJ. 1090 by BANCO MERCANTIL VENEZOLANO, N.V. a corparatlon existint v the lours of the Nether lands Antillest, I aving its principal place of business at hereinafter called floe gronfo►, to KNIGHT -BIDDER, INC. , a Florida Corporation �/�? � t rC t.l-ti .� r rl '. • t -� 1 i _ I 1)v t C li.: �l t' �. whose pnslof f ice address is Mttitl,rix a313t pits. hereinafter called Ifte granter: ItVHnr,�r u.<d Mrrir, A. thee" "aryt„'• ..A 'f<a w" i•,r4L all rw pat lire b t►ir wtaur ettt MI tM Mires treat rrpr<.ewiari,<. a•,A awvn, •J �r.d:,rWal•. aM ttr wr<rwrra ad aaiywa al eaiprruiaaal vita SSA: That floe grantor. Jar anti in consideration of the suns of S 10. 00 and olAer I•aluabir rnnsider'dions. reveirl whereof is herrhy achnalolorlard, by these presents does grant, bargain, sell, olion, reini.ce. release, ratio and ronfirm nrda 1114• grantee• all that corfain land sltuale in Dade ('otsnty, Vlarida, viz: See Exhibit "A" attached hereto for legal description of property being conveyed. Subject to: 1) Real estate taxes for the year 1990 and subsequent years; 2) Applicable zoning ordinances; and 3) Matters appearing on the Plat of First Addition to Waldin Court, as recorded in Plat Book 6, at page 23 of the Public Records of Dade County, Florida, and matters appearing on the Plat of Pasquerello's Subdivision, as recorded in Plat Book 4, at page 149, of the Public Records of Dade County, Florida. DocJmentory Stoutps Collected Stf�tj1 `:' SURTAX Doc, Stomps Collected Class •'C• 'n:0ag1c't: Tex Collected S — C lzrE, Docie County, i :.i 70i�ell�e�` ..w. nil the fenemetits, hrrr<lilnmrnls and appurtenances Aenpea belongina Orlin any- wise aript•rfaining. To Nat and to Hold, fire soon in fir simple forever. End the rtrantar hr•rehy rarrrinnts with <nid nronfer that it is Lu•fully seized of sold land In fee ,tinrply; Ilial if ho< paail righl and (nu•ful nntharity In sell and cone•ey said land; that it hereby fully War- ranfs the fiffe to snirl food ni,d will defend the sairir apainel the lawful claims of all persons claiming hy. Ilirnunh or under Ihr said wrialo-. JAUCO MERCANTIL VENEZOLANO. HI(I illitness b.Itereof the grantor hastcoasrd these presents to Willemstad. Curacao, Kk I,,, rsernrrd in its name. and ift ro arole leaf to he hereunto affixed. b its ,r•t "tlYittniT c,: tt rn 1( y prnprr ..(fir er< Iherererifa duly nurhnrized. the day and gear first ahmre scriften. Sinurd. seated nail deli rrrrrl iri rite per nor of BANCO MERCANTIL VENEZOLANO, N.V. ,j a Nethe rlandsArJl,1 jrO...corpozatio lit -. - Ciro D: KYOCn;" r'" 1*(Tgfit Gikiir of the Board/ g°t4jDirector By �. Guillerpt illar, Executive r.tu NTY ciF DADE President/Managing Director 1 1rmltmty t"r.NitrN, ,N,, .. riI•.te•r — .,n .il:..• d..1, ..,,i.n•. 1 ­ ,I.r S.— —d C < al•r< W to t+►, arYw�kda,wee<., 1,...,.,r,11..,er,r•.<.i Guillermo Villar, as Executive President and Managing Director of BANCO MERCANTIL VENEZOLANO, N.V., a Netherlands Antilles �RIZ�oration �EXecu1t1V2r xx XxWX* ^f ti., rerpr+atian __4 rs araator ,,. ii,. t,., ... ,,,..o-M1l ,,.. ,r„r fiX}, SGXXOt ,c►m�.l..l<•d <....•...< ar .,�... ,. ri•, r.<.r�. r.r t....�ir.«:u....:t•.<,.i•. rrhi. ,wd <d,.ttta �T .�n.M. a.,, l.....i. .I.�1. ,.....1 �. il�fr�t litma�d ..••pwr,i..w ••,.1 .ai tM vat al l.,.�I ,Ar•rr. r�. ,r+ .«iwat< ,rJ .t u:d rnper 6— , 7 tt 11 �1'cc •.,. i,.,..1 ,..I ..rr•.ai •.al a.. r... r. . ,1 c.ai. i.•r , .r. a,a a;. ? / e., a August lk't: te90. Notary li tate,&f ; larida 77rttlrrurerurntlprrpnn't//,Ir.,Spieler & ASSOC., P.A. <� 4700 Biscayne Blvd., Suite 200 AWnxr Miami, Florida 33137 • 421 � : ASS 2473 STATE OF FLORIDA) COUNTY OP DADE) I Fl MY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared CIRO D. KROON, as President, Chairman of the Board, and Managing Director of BANCO MERCANTIL VENESOLANO, K.V., a Netherlands Antilles corporation, of the corporation named as grantor in the foregoing deed and that he acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed is the true corporate seal of said corporation. WITHSSS my hand and off icia seal in the County and State last aforesaid this ? day of 1990.. //1116 NOTAX BL C,+SLate of Florida commission expires: 9 8 - 42i 0 All of Lots 17, 19 and 20, and that part of Waldin Court lying Westerly of Lots 17 and 18 described as: For a point of beginning, begin at the Northwest corner of Lot 17; thence West 35 feet to the Northeast corner of'Lot IS; thence South along the East line of Lot 15, 42.7 feet; thence Southeast along the Easterly right-of-way of Biscayne Boulevard 49.47 feet to the West line of Lot-18; thence North along the West lines of Lots 16 and 17 to the Point of Beginning; and Lot 18 less that portion of Lot 18 described as: The South 5 feet thereof and that part of Lot 18 described as., aegin on the West line of Lot 18, 5 feet North of the Southwest corner as a point of beginning; thence East parallel to the South line cf Lot 18, 62.81 feet; thence Northwest to the West line of Lot 18 to a point 62.78 feet North of the point of beginning; thence South 62.78 feet along the Westerly !ine of Lot 18 to the Point of Beginning; ALL IN FIRST ADDITION TO WALDIN COURT, as per Plat in Plat Book 6, at Page 23, of the Public Records of Dade County, Florida, together with the improvements thereon. The East 15 feet of Lot S and all of Lot 6, of PASQUERELLO'S SUBDIVISION, of Lot 5 of Block 3, of Rickmer's Addition to the City of Miami, said Pasquerello's Subdivision being recorded in Plat Book 4, at Page 149, of the Public Records of Dade County, Florida. PARCEL 33 Lot 21, of FIRST ADDITION TO WALDIN COURT, according to the Plat thereof, as recorded in Plat Book 6, at Page 23, of the Public Records of Dade County, Florida. j/ • EXHIBIT "A" '"Offt"2 1M COP IC'AL c!;".tsf COOL Co 9 R - 1�0-1 1981-in-6 F.4 4= {6 ' 8:94007293 SpRan vmpmn DSED AR.13953P11123 f THIS INDENTURE, made as of this 1�A day of January, 1999 between JACX X- THOMAS, JR., Trusts* under unrecorded Trust, as to Parcel 1, and JACX X. THOMAS, ZR., individually and as Trustee, as to Parcel 2, ('Grantor') and DAGREN, INC., a Florida corporation, whose address is c/o Greenberg, Trauriq, Hoffman, Lipoff, Rosen 6 Quentel, P.A., Attention: Robert H. Traurig, 1221 Brickell Avenue, Miami, Florida 33131 of the County of Dade and State of Florida ('Grantee'): W I T N S S S E T H T H A T: Grantor, for and in consideration of the sum of Ter, and N0/100 U.S. Dollars ($10.00), lawful money of the UnitM States of America, to it in hand Raid by the Grantee, at or before the enameling and delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, aliened, remised, released, conveyed and confirmed and by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee and its successors and assigns forever, the parcel of land, situate, lying i being in the County of Dade and State of Florida (the 'Property'), being more particularly described as followst Parcel 1: That part of Lot 11 lying East of the East Right -of -Way gt $ line of Biscayne Boulevard, and all rnf Lots 12, 13, 14, 15 and 16, Block 3, of PERSHING COURT, according to the c ` Plat thereof, recorded in Plat Book 4, at Page 147 of A 0 e the Public Records of Dade County, Florida; AND v j` v �.( EE j That part of Lot 4 lying East of the East Right -of -:ley $ 9 h line of Biscayne Boulevard, WALDIN COURT, according to the plat thereof, recorded in Plat Book 4, Page 148-1/2, of the Public Records of Dade County, Florida. ~ $ s Parcel 2: 0N G V ` Lots 5 end 6, of WALOIN COURT ADDITION TO CITY OF MIAMI, according to the Plat thereof, as recorded in �• E • Plat Book 4, at Page 96 and Amended Plat thereof, as recorded In Plat Book 4, at Page 148-1/2, y r1 : � of the Public Records of Dade County, Florida. •► V a{ m SUBJECT TOs (a) Applicable toning restrictions, prohibitions and other requirements imposed by governmental authority. (b) Real property taxes anti assessments for the year 1989 and subsequent yoars. (c) Rights of tenants in possession, if any. (d) Matters reflected on that certain survey prepared by Biscayne Engineering Company, Inc., datod May 27, 1997, Order No. 01-60230, as last revised December 19, 1988. (e) Any and all rights of the United States of America in and to navigable waters, or any portion which is filled -in land formerly within navigable waters, and any conditions contained in any permits authorising the filling -in of such land. (f) Conditions, restrictions, limitations and easements of record, if any, which are not hereby reimposed. TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. TO KAVE AND TO HOLD the same in fee simple forever. AND Jack K. Thomas, Jr., Trustee under unrecorded Trust, as Grantor of Parcel 1 of the Property, hereby specially warrants the title to said Parcel 1 c the Property and will defend the same against the lawful claims of any persons claiming by, through or under Jack K. Thomas, Jr., Trusts* under unrecorded Trust, but against none other. AND Jack K. Thomas, Jr., individually and as Trustee, as Grantor of Parcel 2 of the Property, hereby specially warrants t'11 title to said Parcel 2 of the Property and will defend the same against the lawful claims of any persons claiming by, through or under Jack K. Thomas, Jr., individually and as Truste*, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: �unek K. Thomas, Jr., Tru ee under nrrs7 cozd*d Trust / J ck K. Thomas, Jr., ndlvidually and as Trus - 2 - 9 V — 4 1125 STATs 0! FWRIDA ) ) SS. COUNTY OF OADS ) The foregoing instrument was acknowledged before ne- this day of January, 1969, by Jack I. Thous, Jr., Trustee under unrecorded Trust, and Jack K. Thomas, Jr., individually and Fs•... Trustee. ..,, Notary Public 0 my Commission axpires THIS INSTRUIWNT PRBPAR6D SYS ' R p i tttAM BRIAN P. TAGUB, ISO p11� sw ter 1o. We. Mershon, Sawyer, Johnston, Dunwody i Cole E. 200 South Biscayne Boulevard, Suite 4500 Miami, Florida 33131-2387 Parcel Identification Nos s 01-3231-12-0150 (Parcel 1) 01-3231-12-0160 (Parcel 1) 01-3231-12-0170 (Parcel 1) 01-3231-12-0180 (Parcel 1) 01-3231-15-0020 (Parcel 2) mac 1918f •eoroo ■ erar .map ao or xe� man. nano► , maw rw�p JUC&X J P. R: ? , MCA C.Vmo C"81 - 3 - 98-- 4wi +w vwn -p t: - 10 OTF 1395?PG ! i 3Ei UIO T-CtAIM DKED THIS QUIT -CLAIM DEED, executed as of the day of January, 1989, by JACK R. THOMM, JR., individually and as Trustee ("Grantor") to DAGREN, INC., a Florida corporation wi address is c/o Greenberg, Traurig, Hoffman, Lipoff, Rosen 6 Quentel, P.A., Attention: Robert H. Traurig, 1221 Brickell Avenue, Hiami, Florida 33131 ("Grantee,). W I T N E S S E T Ht That Grantor for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grar e, the receipt and sufficiency of which is hereby acknowiedged, does hereby rem release and quit -claim unto Grantee forever, all the right, title, interest, claim and demand which Grantor has, if any, and to the streets, alleys and public rights of way adjoinin following described propertyt Lots 5 and 6, of WALDIN COURT ADDITION TO CITY OF MIAKI, according to the Plat thereof, as recorded in Plat Book 4, at Page 96 and Amended Plat thereof, as recorded in Plat Book 4, at Page 140-1/2, of the Public Records of Dade County, Florida. TO HAVE AND TO HOLD the same together with all and sine the appurtenances theeounto belonging or in anywise apperta: and all the estate, right, title, interest, lien, equity an, claim whatsoever of Grantor, either in law cr equity, to th. proper use, benefit, and behoof of Grantee forever. IN WITNESS WHEREOF, Grantor has caused these presents executed the day and year first above written. Signed, sealed and delivered in the presence oft c a R. Thomas, Jr., in, � as Trustee SS- ckxu Mentay Stamps Collet-** f U _ i � SURTAX Doc. Stamps Ceuetted Class "C Intangible Tax Cwte:teo f- = — Richam P. Brinker, Clert. Dade County, Fla.By 2:4 c.L wa.0 E DC f f 98-- 421 IM 139531111`37 STATE Or FLORIDA ) ) SS. COUNTY Or DADS > The foregoing instrument was acknowledged bofore me this boa= day of January, 1989 by Jack K. Thomas. Jr., individuali7.,.., an as Trustee. r Notary Public > My Commission Expires: c c•; r...... monel... ►rrlrc n �nitMww�MYi mr.t»t Prepared by t>w nuna� ta. w. t Brian .. Tague , Mershon, Sawyer, Johnston, Dunwody i Cole 200 South Biscayne Blvd, Suite 4500 - Miami, Florida 33131-2387 mac1974f aM4W MGM mW ar o:.• coon. MAMOL Rff7iA8D P. b an= (L'U c,,cumt 0 4.Al 98- 42 • ' Ce i 5273M 175 oozsrs�►zx Dace _ By this Quitclaim Deed; made NoyoxAseR II 1991. SEARS, Q ROEBUCK AND CO., a New York corporation, whose address is Sears N Tower, Dept. 766, Chicago, Illinois 6L684 ("Seller") releases, J remises, and quitclaims unto DUDE COUNTY, FLORIDA, a political ^' subdivision of the State of Florida-, whose address is Metro -Dade Government Center, Ill N.R. 1st Street, Miami, Florida m2s ("Buyer"), for the s%m of $10.00 and other good and valuable X consideration, the receipt and adequacy of which is hereby acknowledged, the certain parcel of real estate located in the County of Dade, State of Florida, and legally'deseribed on the attached and incorporated Exhibit A. Together with all the tenements, hereditaments, and appurtenances belonging to, and the reversion(s), resainder(s), rents, issues, and profits of the above described property, but subject to the followings (a) Building and zoning laws, ordinances, and State and Federal regulations existing at the data of closing. (b) Real estate taxes and assessments, both general and special, not yet duo and payable. (c) Rights of the public, easements, covenants, restrictions, reservations and conditions of record. (d) Any state of facts an accurate st•rvey may show. To have and to hold the parcel with the appurtenances, unto Buyer, and Buyer's heirs and assigns forever. sir'• r SELLER: •, 7 =ti 1ATTEST- SEARS, ROEBUCX AND CO. Pam•. Print Na s Print game: LwrNCA Cvar.a6 Print Title Print Title: PRe/erfeTMlr R. E. O ECTOR exeta7 j LE L j TK44 � 9 8 - 4ti1 KC'.152738 176 STATE OF ILLINOIS ) ) SS COUNTY oY COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify, that LA%my.cs C„e...sa: personally known to as to be the ?aca,�z+rrt efirr- .,_ of SPARS, ROEBUCK AND Co. and h. personally known to me to be the Assistant Secretary of said corporation, and personally known to me to be the same parsons whose names are subscribed to the foragoing instrument, appeared before as this da in person and severally acknowledged that as such acs�_ a-rM L- and Assistam Secretary, they signed and dali�vara the said instrument as IoeW-r RerM6. and Assistant Sacrstary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and dead of said corporation, for the uses and purposes therein sat forth. Given under sy nand and official seal, this I day of r,,.: ...�'gL- , 1991. Notary Ma AONtL WM WRAMPAM fAHO4mOv nveswr�mr. ws. t!O my COmit ss on Exp es 98- 4�1 r �*'•"tGW1L&m-11k'!M .tltauUtt COufl OP. SultmIn.- Most Iy WI'lt0@t�tt'Um i(rt:4tatafttuttq�+rt 1'ACct d.PLIS to W-Ule t(M w+tas ren" ra-azomigm*0 ntowltearr a nRr rtt uc tnwoattpta twertttits FOR ►t"YMew VICRe +moapnwtc e. 7 ? . COURTHOUSE. TONER mane taurtar7cvKti attuta M.152T3� { TT M=lk= k LEGAL DESCRIPTION 'tract "A" of BOULMMM TR]1t.R', Plat Book 100, Page 63, of the Public Records of Dads Co=ty, Florida, LSSS that portion of tat 1, Bloat: 3, of PZRSzMG COMao Plat sock a, Page 147 of the Public Records of Dada County, Florida, which lies 'East of the East right of way line of N.J. 2nd Avenue and which lies within Tract "A• of Boulavard Tract, Plat Book 100, Page 63, of the Public Records of Dade County, Florida. Also described as: Tract "A" of BOQLEOARD TRACT according to the Plat thereat, recorded in Plat book 100, at Page 43 of the Public Records of Dade County, ?loridai the Borth S feet and the South io feet thereof are subject to mapped (zoned) street lines. WOR010 ..On �,,.. •I COR" am 00 0.01 MAI, rt OoloL loco" vIR1Ii� Gut of C•..10A 8 County CW" o8 421