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
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APR 2 8 1998
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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
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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
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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
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my COmit ss on Exp es
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rtt uc tnwoattpta twertttits FOR ►t"YMew VICRe +moapnwtc
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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
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Gut of C•..10A 8 County
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