HomeMy WebLinkAboutR-97-0763J-97-716
10/28/97
RESOLUTION NO. 9 7- 763
A RESOLUTION, FOLLOWING A DULY CONDUCTED
PUBLIC HEARING, AMENDING CITY COMMISSION
MOTION 82-68, ADOPTED ON JANUARY 28, 1982,
AND RESOLUTION NOS. 82-179 AND 82-713,
ADOPTED JULY 29, 1982, WHICH GRANTED TEN (10)
VARIANCES FROM THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, AND AN EXTENSION OF TIME FOR THE
VARIANCES FOR A PROPOSED MULTI -STORY HOTEL ON
THE PROPERTY LOCATED AT APPROXIMATELY 1744-
1756 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA,
SUBJECT TO CONDITIONS STATED THEREIN, TO
(A) PERMIT THE DOWNSIZING OF THE PROPOSED
PROJECT FROM 553 HOTEL ROOMS TO 471
RESIDENTIAL UNITS, (B) TO CONFIRM TWO (2) OF
THE TEN (10) VARIANCES ORIGINALLY GRANTED
SUBJECT TO THE ADDITIONAL CONDITIONS SET
FORTH BY THE DEPARTMENT OF PLANNING AND
DEVELOPMENT IN EXHIBIT 111" ATTACHED HERETO,
AND (C) TO ACKNOWLEDGE THE PROPOSED PROJECT
FOR A MULTI -STORY BUILDING, AS PER SITE PLANS
ON FILE, ENTITLED "MIRAMAR" DATED SEPTEMBER
4, 1997, OF WHICH CONSTRUCTION COMMENCED ON
THE PROPERTY PRIOR TO THE ENACTMENT OF, AND
THEREFORE IS NOT SUBJECT TO, THE CITY PARKING
GUIDES AND STANDARDS.
WHEREAS, on September 21, 1981, the Zoning Board adopted
Resolution ZB 165-81 approving ten (10) variances in connection
with the development of a multi -story hotel on the property
located at 1744-1756 North Bayshore Drive (hereinafter the
"Property"); and
WHEREAS, the City Commission upheld the Zoning Board
decision by Motion M82-68 on January 28, 1982; and
•j Pr;7EAs.1ED
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CITY CO ESSION
MEETING OF
O U 2 8 1997
Resolution No.
97 763
WHEREAS, on July 29, 1982, the City Commission adopted
Resolution Nos. 82-179 and 82-713 granting an extension of time
for the aforementioned variances previously granted; and
WHEREAS, the City Commission has previously accepted revised
plans for the Property by Motion 83-434; and
WHEREAS, by letter dated September 23, 1997, to the City's
Department of Planning and Development, the property owner has
requested the City to acknowledge the downsizing of the proposed
project from 553 hotel rooms to 471 residential units, to confirm
two (2) of the ten (10) variances originally granted, and to
acknowledge the proposed project for a multi -story building, as
per site plans on file, entitled "Miramar" dated September 4,
1997, of which construction commenced on the property prior to
the enactment of, and therefore, is not subject to, the City
parking guides and standards; and
WHEREAS, the property owner has paid for all costs
associated with this required public hearing; and
WHEREAS, after careful consideration of the changes
requested by property owner, the City deems it advisable and in
the best interest of the general welfare of the City of Miami and
its inhabitants to approve the changes requested subject to the
additional conditions set forth by the Department of Planning and
Development as more particularly described below;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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97- 763
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. City Commission Motion 82-68 adopted on
January 28, 1982, and Resolution Nos. 82-179 and 82-713, adopted
on July 29, 1982, are hereby amended to permit two (2) of the ten
(10) variances originally granted subject to the additional
conditions set forth by the Department of Planning and
Development attached as Exhibit 111" and by this reference made a
part thereof. Furthermore, the City Commission hereby
acknowledges the downsizing of the proposed project from 553
hotel rooms to 471 residential units and acknowledges the
proposed project for a multi -story building, as per site plans on
file, entitled "Miramar" dated September 4, 1997, of which
construction commenced on the property prior to the enactment of,
and therefore is not subject to, the City parking guides and
standards.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of October 1997.
ATTEST
WALTER FO CITY CLERK
JOE CAR%LO, MAYOR
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9 - 763
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PREPARED AND A �,RO ED BY:
(,W
YAMILE RR'ERO REHY
ASSIST CITY ATTORNEY
W1926:YM :BS :ah
APPROVED AS TO FORM
AND CORRECTNESS:
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97- 763
EXHIBIT 1
Miramar Project: 1756 N. Bayshore Drive
Conditions for approval:
1. The applicant must satisfactorily resolve the outstanding issues with FEMA prior to
obtaining the revision permits to complete construction of the modified plans.
2. Design details, including landscape plans, sign specifications, any proposed awning
fabrics and paint color and material samples shall be submitted to the Department of
Planning and Development for review and approval prior to obtaining the revision
permits to complete construction of the modified plans.
The adjacent parcels of land, more specifically described as the property bounded by
the subject property, North Bayshore Drive and N.E. 17"' Terrace (under the same
ownership as the subject property) shall be treated with an interim landscape plan, to
be reviewed and approved by the Planning Department, upon completion of the new
residential structure, until such time that future phases are ready for construction.
� 7- 763
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CITY OF MIAMI, FLORIDA ® PZ
' INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and members DATE: October 21, " 1997 FILE
of the City Commission
SUBJECT: Modification of Variance for
Miramar Project: 1756 N.
Bayshore Drive
FROM: REFERENCES:
, Ed d Marquez
ENCLOSURES:
City Manager
RECOMMENDATION
It is respectfully recommended that the City Commission approve the attached request for
modification of a Variance approved by City Commission Resolution No. 82-716, on
July 29, 1982, for the Miramar Project to be located at 1756 N. Bayshore Drive, with the
conditions specified below.
BACKGROUND
The requested modification of plans is for the purpose of allowing the Miramar Project to
be constructed with 471 residential units instead of the 553 hotel rooms it was originally
approved for; the modifications to the plans on file have also reduced the number of
approved variances from ten (10) to two (2). Please see the attached letter. from the
applicant for additional information.
The Department of Planning and Development has reviewed the modified plans and has
made the following findings:
• It is found that the proposed project, as modified, is well designed and will provide
new housing opportunities for the area as well as a much needed improvement to the
appearance of the community.
• It is found that the reduction in the number of variances will reduce the impact of the
project on the adjacent area.
• It is found that there are potential problems with respects to the FEMA designation of
the subject property which, if not resolved, may not allow the modified plans to be
constructed per revised plans on file. The specific concern was raised due to a FEMA
Map modification which reclassified a portion of the subject property. The new
designation requires that the ground floor of the building be raised substantially
higher thanoriginally proposed. The applicant is now in the process of resolving this
70 3
issue with FEMA and the Building and Zoning Department (in conjunction with the
Planning Department) of the City of Miami.
• It is found that while the proposed modifications are generally appropriate in design
and scale with the character of the surrounding area, the specific design details
pertaining to landscaping, signage, awning fabric selections and paint colors have not
had the benefit of undergoing a detailed design review.
• It is found that upon completion of the proposed structure, the condition of the
adjacent parcels of land, more specifically described as the property bounded by the
subject property, North Bayshore Drive and N.E. 17' Terrace (under the same .
ownership as the subject property) will adversely effect the subject project.
Based on these findings, the Department of Planning and Development is recommending
approval of this request with the following conditions:
1. The applicant must satisfactorily resolve the outstanding issues with FEMA prior to
obtaining .the revision permits to complete construction of the modified plans.
2. Design details, including landscape plans, sign specifications, any proposed awning
fabrics and paint color and material samples shall be submitted to the Department of
Planning and Development for review and approval prior to obtaining the revision
permits to complete construction of the modified plans.
3. The adjacent parcels of land, more specifically described as the property bounded by
the subject property, North Bayshore Drive and N.E. 17'' Terrace (under the same
ownership as the subject property) shall be treated with an interim landscape plan, to
be reviewed and approved by the Planning Department, upon completion of the new
residential structure, until such time that future phases are ready for construction.
97- 763
OECKERr SEAMANS 1E' 1' MELLOTr,
ATTORIVEYS.AT LAW
September 23, 1997
701 Br : r11 ,1, rnr,r I Sill Floor Ms. Teresita Fernandez
`.11,11,,,. FL.") ]31 Hearing Board Section
Telt phone ,1 ,, ,;; _3,-97nt) City of Miami
Fac r,nre ;nS,:-'- 7.un Miami Riverside Center
444 S.W. 2nd Ave., Suite 945
Miami, FL 33130
RE. 1756 North Bayshore Drive, Application for Public Hearing before the
City of Miami Commission to Modify a Previously Approved Resolution
No. 82-716, Approved July 29, 1982
Dear Ms. Fernandez:
The purpose of this letter is to request the placing on the City Commission Agenda
of October 28, 1997 an item entitled "Modification of Previously Approved Resolution
No. 82-716," approving a 553 unit multi -story building with parking garage structure and
10 variances. Said project received a building permit in 1982 and construction was
commenced shortly thereafter and being halted at a later day by litigation. Pursuant to
South Florida building code and opinions granted in conjunction by the City of Miami
building officials and the City Attorney's Office, this building permit has been kept active
and valid, first through the pendency of the litigation and subsequent to the end of the
litigation by construction activity on site, in the area of pilings and foundation work.
At this time, it has become necessary to modify the previously approved project
plans in order to bring the same into compliance with the current South Florida Building
Code, as well as the City of Miami Code. The modification for, the new resolution shall
read as follows:
Modify Resolution 82-716 to permit a multi -story building located at 1744-
1756 North Bayshore Drive, as per site plan entitled "Miramar", Prepared
By Carr Smith Corradino and dated September 4, 1997, which requests the
Miami
downsizing of the project from 553 units to 471 units and from 10
variances to 2 variances and waiver of the City of Miami Parking Guides
Pirrsl,7r�17 and Standards.
H17rriS17IIrQ All fees relating to the project were originally.paid at the inception of this project.
However, the applicant proposes to cover the additional out-of-pocket expenses which are
Allentown incurred by the City in advertising and public notice of this agenda item. Therefore, the
Philadelphia applicant is submitting a check payable to the City of Miami for $427.00 to cover notice
and advertising. Further, for purposes of the record, this letter is accompanied by four
Boston sets of plans for the downsized and updated Miramar project.
Fort Lauderdale
Boca Raton
T711ahass`'e A. VICKY LEIVA
305/347-3818
Washington, D.C.
" _ 6-
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=ATTORNEYS AT I:AV1(
September 23, 1997
Ms. Teresita Fernandez Should you require any additional information, please do not hesitate to let me
Page 2 know.
Sir7ely, %
A. Vicky Leiva
AVL:cm
Encl.
cc: Lourdes Slazyk
Juan Gonzalez
Joel Maxwell
Santiago Jorge Ventura
Phil Yaffa
Tony Pardo
65682
1 f . 51- 763
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AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
A. Vicky Le i va who being by me first duly sworn, upon oath, deposes
and says:
1. That he is the �, or the legal representative of the owner,
submitting the accompanying application for a public hearing as required by
Ordinance 11000 of the Code of the City of Mimi, Florida, affecting the real
property located in the City of Mimi, as described and listed on the pages
attached to this affidavit and made a part thereof.'
2. That all owners which he represents, if any, have given their full
and complete permission for him to act in their behalf for the change or modifica-
tion 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 the real property of which he is the owner or legal representative.
4. The facts as represented in the application and documnts submitted
in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
Sworn to and Subscribed before me
t 's 5 day of Septembeirg_97
ary Pu lic, State of
My Commission Expires:
(Name) .
Legal Represeritative
97- 763
5
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' OWNER'S LIST
{ Owner's Name SYNCNRON PARKING SYSTEMS, INC.
Mailing Address 100 S. Biscayne Boulevard, Suite 1100
Miami, FL 33131
Telephone Number 358-7710 Ext . 114
Legal Description: See next page
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
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
1744 N. Bayshore Drive
Miami, FL
Street Address
Street Address
Lot 2, Block 1, Seaport Subdivision,
Plat Book 149, Page 79 of the Public
Records of Dade County, FL
Legal Description
Legal Description
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
Lot 1, Block 1 of Seaport Subdivision, Plat Book 149 at Page
79 of the Public Records of Dade County, Florida.
2. Owner(s) of subject real property and percentage of ownership. Note: City of Miami
Ordinance No. 9419 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 Conission. Accordingly, question 12 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested
parties, together with their addresses and proportionate interest.
Synchron Parking Systems, Inc. 100%
Tibor Hollo, president 1 100%
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question f2,- and (b) located within 375 feet of the subject
real property. .
Lot 2, Block 1 of Seaport
79 of the Public Records
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Subdivision, Plat Book 149 at Page
of Dade County, Florida
ATTORNEY FOR OWNER
A. Vicky Leiva , being duly sworn, deposes and says that he is the
(Attorney for Owner) of the real property described in answer to question 11,
above; that he has read the foregoing answers and that the sage are true and co"lete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership fore on behalf of the owner.
(SEAL)
(Nape)
SWORN TO AND SUBSCRIBED
before me this 25
6�
day of Septemb�z19 97
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Now ublic, State o to1
Large
MY COMMISSION EXPIRES:.
TOWER ONE AT MIRAMAR CENTER CARR SMITH CORRADINO
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