HomeMy WebLinkAboutM-94-0361CITY OF MIAMI, FLORIDA
INTER OFFICE MEMORANDUM PZn6
TO Honorable Mayor and Members DATE : MAY 16 1994 FILE
of the City Commission
sUWECT Resolution: Modifications to
Waterfront Charter Amendment:
La Santa Maria, 1643 Brickell
Avenue
FROM ^� REFERENCES
Cesar,N.�- Agenda Item, City Commission
City Mari ,r ENCLOSURES: Meeting of May 23, 1994
RECOMMENDATION:
It is respectfully recommended that the Commission approve the attached
resolution, approving with conditions, modifications to the Waterfront Charter
Amendment (Section 3(mm)(ii-iv) City Code) for La Santa Maria project by approving
plans on file dated April 28 and May 2, 1994, with a proposed 14% or 56'-9"
average side yard width (25% or 100' required) 50' setback from the bay (50'
required) subject to all other conditions of Resolution 80-334, May 7, 1980.
BACKGROUND:
La Santa Maria project is a proposed 530' high, 174-unit condominium tower on
Brickell Avenue. The existing Santa Maria mansion on this site lies in the
required 25% average side yard width required by the City's Waterfront Charter
Amendment and from which the applicant is seeking relief. In 1980, the Commission
approved modifications to the Waterfront Charter Amendment for this site, b
Resolution 80-334. That approval was based on a Planned Area Development (PAD
with 7% side yard width (25% required), 50' bayfront setback (50' required) for a
project different from the present proposal. The Commission needs to decide
whether this new proposal meets the criteria of the Waterfront Charter Amendment
sufficiently to justify the requested modifications.
The criteria for modifications to the Waterfront Charter Amendment are that the
"modifications requested provide public benefits such as direct public access,
public walkways, plaza dedications, covered parking up to the flood plain level,
or comparable benefits which promote a better urban environment and public
advantages, or which preserve natural features."
The Planning, Building and Zoning Department recommends the requested
modifications for the following reasons:
1. The existing Santa Maria mansion will be preserved, and modified, for an
interim period as a sales office, and long term as a clubhouse for the
residents of the high-rise condominium structure.
Page 1 of 2
`� 4- 361
2. Within the required 50' setback from the bay (which is being complied with),
natural features are being preserved, particularly the natural rock
outcropping. A swimming pool, with no above -ground structures, occupies part
of this 50' setback area.
i
3. The applicant has agreed to all requests from the Dade County Archeologist for
sub -surface site explorations.
4. The conditions of Resolution 80-334 still apply, as follows:
a. dedication of the 70' right-of-way road;
b. filing a covenant that the lands underwater, northwesterly of the U.S.
Harbor Line, will not be filled;
c. a future marina development will require approval of the Urban
Development Review Board as a modified PAD (superseded by 5 below);
d. the garages in the right-of-way are to be maintained until right-of-
way improvements are started;
e. construction as per plans on file (now superseded by this new
request per plans dated April 28, and May 2, 1994 and by 5 below;
further review of floor area ratio is required by staff and is not
part of this approval).
f. preservation of the existing mansion; and
g. preservation of the shoreline in its natural state.
5. A proposed marina will require later special exception approval from the
Zoning Board and is specifically excluded from approval at this time.
For the further information of the Commission, this project was reviewed by the
Urban Development Review Board on March 9 1994 (except the marina), preparatory to
an intended decision on a Class II permit on April 13, 1994; the final Class II
permit is pending. On April 12, 1994, the Metro Dade County Shoreline Development
Review Board reviewed and approved this project.
Attachments
cc: Law Department
Page 2 of 2
�- 361
I , ,nand J. Adler
David It. Chase.
I.-riwndo C. Aionso
Michael J. Chernigu
t.,•-.tr L. Aivurez
.Arc Choneke
I Noun, Arms,
Sue M. Cohb
Ihu,wl H. Aronson
L. Frank Conlero
I );it nl C. Ashburn
C. Derv] Couch
t.harie, M. Au,lander
Albert A. del Castilin
O;nil T. Azrin
Alan T. Dimond
Fr. -1 \\. Haggett
'rrini L. Donato
h,•rn L. Harsh
Lucia A. D„ugherh
1111an.• Has,
Conduce R. Duff
\. I"n.n Beighec
%illium B. Eck
\.•rm,m J. Heniord
Kenneth Edelman
Li.:, J. Herder
Arthur J. England. Jr.
11.11. S. Berkman
Gun' 11. Epstein
I.,ul H,-rkuwitz
Henn H. IHuekvl Fax
lireho i Herry
leffrns It. Fried
1la,k F. Bideuu
Rubin F. Fmlmun
I,.r,•n, r Jun Hielhy
Robert C. gang
\Luk 1). Hloom
Richard G. Garrett
Hovinuld L. Routhillier. Jr.
Brian K. Gart
H. ,ard Breoman
David J. George
Blake I). Bringgold
Jeffrey Gilhert
Fruit,,. H. Brogan. Jr.
Laurie L. Gildun
Hurt Bruton
Bowe H. Giles -Klein
He -hard„ Burstein
Ric -hard J. Giusto
J,-ph A. Caballo
Lawrence Gndofsky.
Diann Waliner Carr
Joel K. Goldman
Lucia A. Dougherty
(305) 579-0603
Ms. Teresita Fernandez
Clerk, Hearing Boards
City of Miami
275 N.W. 2nd Street
Miami, Florida 33128
MIUM
IBBVflIG
Steven E. Goldman
Sgevrn M. Goldsmith
Jn eph G. Goldstein
Steven S. Goodman
Matthew B. Gorson
Dianne Greenberg
Melvin N. Greenberg
Robert L. Grusamun
Barbara A. Hull
Paige A. Harper
Fred F. Harris. Jr.
Steven NM. Hellman
Alberto M. Hernandez
Jeffrey A. Hirsch
Kenneth C. Huffman
Larry 1, Hoffman
Kenneth A. Harks•
Gerald J. Houlihan
John B. Hutton
Keith A. James
.Martin Kali)
Steven M. Katzman
David S. Kenin
Steven J. Kravitz
J. D. Huone Kurrsteiner
Ronald C. LaFare
Steven A. Landy
Steven B. Lapidus
Nanev R. Lash
Moshe M. Lehrfield
James P. S. Leshaw
\lure S. Levin
fAenr Levin
.Michael P. Levinson
Norman It. Lipoff
Carlos E. Lnumiet
Juan 1. Lnumiet
[true,- E. Mavdonough
Robert H Marina
Alfred J. Mulrfatto
Samantha D. Mallm
Ines MarrenePriegues
Enrique J. Martin
Roberta Martinez
Pedro J. Martinez-Fraga
Joel D. Maser
Juan J. Mayol. Jr.
Robert It. McUnnald
John T. .Metzger
Janet L. O'Brien
Maury R. Olicker
Rebecca R. Orand
Debbie M. Orshefsky
Aileen Ortega
A. Friesner Pardo
Stevan J. Pardo
May 2, 1994
Re: Santa Maria (1643 Brickell Avenue) -
Waiver of Charter Waterfront Setback Provision
Dear Teresita:
Rose Parish -Ramon
Mirhael G. Park
Marshall it. I'asternurk
Sylvia S. Pennevs
Rtron G. PelerM•ri
Sheldon S. Polish
Hoherto It. Pupa
Albert D. Querurl
Vivian Pazos 4)uiroau
C. Ryun Reetz
Murk J, Reisman
Luis Reiter
Barn Senn Richard
Douglus J. Rillsione
A. Jeffs Robinson
Kenneth B. Robinson
Raquel A. Rodriguez
Alan H. Rolnick
Marvin S. Rosen
Richard A. Rosenbaum
Ronald M. Rose.ngarten
David L. Ross
Gary A. Saul
Elliot H. Seherker
Mark P. Schnapp
Clifford A. Schulman
Randy J. Shaw
Paul A. Shelowitz
Braun J. Sherr
\lurlene K. Silverman
Holly It, Skulniek
Laura 1. Sm•phen,on
t:harb•- E. Stiver. Jr.
JurI L. titrk,•r
Douyla, It. Ti mrnhum.
Rupert H. Trauna
Brian J. gal,h
Kcuh \A'us,er,trnrn
.10'fn•y Aeiihnrn
Dutid E. Aell-
Itradfurd D. \X-1
Howard 9'. A hituker
Jerrold A. U i-h
Tirnwhv 1). 9,46-
Lindu G. \Aston
Julie A. Xahniser
T. %dyne I)avis, of i.oun—I
Arnold J. Hoffman, of Counel
Patrick T. O'Brien. of Cuun—I
Allan Salovin. of Couu,el
Paul E. Shapiro. of Coumcl
Craig E. Stein, of Cuumrl
Marc M. Watson, of Cuuosel
7achary H. Wow. Retired
On behalf of SM Brickell Limited Partnership, we are requesting to be placed on the
City Commission agenda of May 23, 1994, to request a modification to Resolution No. 80-
334. This Resolution granted a waiver of Section 3(mm)(ii) of the Charter of the City of
Miami, Florida, which requires that there be a 25% aggregate side yard for waterfront
properties.
It is our belief that the City Commission has previously granted the waiver for this
property and therefore, the proposed Santa Maria project should not have to file this
application to be heard by the City Commission. Therefore, we reserve our right to object
GREENBERC TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL. P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305.579.0500 FAX 305.579-0717 3
MIAMI FORT LAUDERDAI.E WEST P.AI.Ni BEACH TAI.I.AHAS�FF 361
Ms. Teresita Fernandez
May 2, 1994
Page 2
to this requirement. However, we would like to proceed with obtaining approvals for this
project and in the event that the Law Department determines that the application must be
heard by the City Commission, we wanted to be scheduled for a public hearing.
In 1980 the City Commission passed Resolution No. 80-334 which granted a waiver
for the property located at 1643 Brickell Avenue, Miami, Florida. The Resolution granted
the waiver subject to 7 conditions. Condition number 5 required that the waiver was
granted as per plans on file. We are requesting to modify the Resolution and have
condition 5 be granted as per plans on file which were recently prepared by Fullerton Diaz
Revuelta and Bradshaw Gill Fuster, which were submitted with the Class II Permit
application numbered 94-2469.
Our client does not seek to modify any of the other 6 conditions. The current plans
provide 14% of an aggregate side yard setback for the proposed building, instead of the
required 25%. It is not possible to provide 25% due to the decision to preserve the existing
historic mansion. The prior approved plans which Resolution No. 80-334 refers to, only
provided a 7% aggregate average side yard.
Please call me at 579-0603 if you have any questions and please confirm that this
item will be on the May 23, 1994 City Commission agenda.
Very truly yours,
Lucia A. Dougherty
cc: Mr. Ugo Colombo
Sam Burstyn, Esq.
Mr. Ron Choron
Mr. Bob Krieff
Mr. Art Murphy
Mr. Luis Revuelta
Mr. Taft Bradshaw
Robert H. Traurig, Esq.
4TH\rn1CSWM\2un4.1\osimn4
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4- 361
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PLAN;iCD ^REA pEV£I. iF:NT ((PAD) SIDENTUL ..;;
PROJECT (LA SANTA t•1ARIA) dN LOTS 47, RE 44
6, 50. Bt= Bt ? tY A WII.LIAM BR CKRI,t
Y AND SUBMM0 LAND LYING SE' LY 0 LOTS 7 - ', ••;
' 43, 49 & 50, B OGK d, FtARY 6 W2L IAH BRIChLL
(B•96) DFING 3 BRi=LL AVER E AS PER +• t
f PLANS PH FILE WITU A •PROPOSED 7 AV> Mak S pE
i VARnS BASED OA AVERAGE LOT VIQpTH (25% qW GD);
�{ ZONED Ik-5A THIGH DENSITY NUIT1P WE161.LttC)�
SUR.IECT TO THE FOLLOWING CONDITI NSt 1)
DEDICATION OF THE 1 ' RIGHT-OF-W Y SERVICE ROAD+
2) F'ILTNG bF A COVENANT TOUT TH WDS 11'iDFR-
`b WATER WI1,L NOT BE PILLED: 3) FUTURE
f MARINA D VM,0P1WNT WILL KEMPF PPAOVAL OF T11F
URBAN DFVEIL ENT REVIEW BOARD A ISODIF19D t: t'•
P.A.D. t 4)' THE GARAGES IN TILE IGNTF-}NSAY } , 4i• {
TO BE MAINTAINrn UNTIL RIMT-OF- AY IgR;%ENTS
ARE STARTED33 5) PGR PLANS ON FILE INCLUDIM ;
LANDSCAPE PLANS, DATED FEBRUARY 14TH,80.
SHEETS 1-7: 6 PRESERVATION OF.TNE EXISTING t
MANSIONI AND 1) PRESERVATION OF `TILE S�ORE LTNE
IN ITS NATURAL STATE. ( ti
F VlIEREAS, the City of Kimt Zonin Board, at its nttting
' of April 7, 1980, Item No. 9 (a), following an advertised hcart~ng, 'LM
t RdoPtad (resolution Za 61-eO by a 6 to 0 Votes} r4ite merOtng a modifl.eattoii
1i of the -requirements as set forth in Section;3 (4) (b) of the Citv
(� of Miami. Charter, Chapter 10847, Special Ac�s, Laws of Florida, �}•+r!
'•+ 1925. as amended, as hereinafter sot forth;'and `•l;
T; WHEREAS, the City Commingion deers It advisable and in
the beat interest of the goneral utlfnre oftheCity of Miami and
its inhabitants to grant a mQdtfication of the requirements, a;
•'e heretnnftor sct forth;
Now, T'HfREF�RF,. BE IT RESOLVED B THE C VVISSION OT THF.J.
v CITY OF KIAMI, FLORIDAr I
'r section 1, A nndiftcatton of th requtrcnents as set
forth in Section 3 (4) (b) of the City of Fi aml ChArttr. Chapter '
f' Special Acts, Law# of klortda, 1925, as abeIRY
od, ;o ptrmlt ;onttri
:I
+ of a Planned Area Development (PAD) restdonqt projopt WA El�`TA
' MARIA) on testa 47. 49, 49 and 50, Yl(Kk B; 8► trlt.t,XM 4XICKIiL
�aDOCUMENT DEX
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1 1— 9 4 M O N 1 5:@ 2
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(0-96) and suhmarged land tyinil Re'IY on Wta 47, 49, 0- h SOS
MARY 6 W11.110 dRICKFIL being 1643 Orickell Avetlne* as
per plena or, file, with a proposed 7% average side yards Used on
average lot width (25% required): zoned R-SA (High Density
Klj,tipla Dwelling) be and the same is hereby granted, subject to
the following conditions: 1) dedication of the 70' right-of-way
roAdi 2) filing a covenant that the lands underwater will not be
fitledl S) any future marina development will require approval
of the Urban Development Review Board as a modified P.A.D.t A)
the garages in the right -of -wily to be maintained until right-of-vay
improvements are stNrtedl S) per p1oins on file including land-
scApe plans, dated February 14th, 1960, sheets 1-71 6) preservation
of the existing manaionl and 7) preservation of the share line
i
in its natural state,
•� PASSED AND ADOPTED thin .7th day of Mar 1980, �•�
:1 � wl •i'f
'R" K T
. • ATTEST t d
i �A Q �'
t ri, t C% Cuen a
PREVARF.D AND APPROVED BY: '
ASSISTANT CITY ATTOR EY '
APPROVED RH AHD CORRECTNESs: it
C1T ATTORHF,Y •:
.�..._. .............. ..............._..•t...r�.... .., .i 1,
{/ Anne on file rmf -rt a rtwir k ra Itntla off1,92,
t
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
See attached Exhibit "A"
1643 Brickell Avenue, Miami, FL 33131
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 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.
See attached Exhibit "B"
3. Legal description and street address of any real property (a) owned by any party
listed in answer to question #2, and (b) located within 375 feet of the subject
real property.
M?R*a*AfTORNEY FOR OWNER
Lucia A. Dougherty
STATE OF FLORIDA } SS:
COUNTY OF DADE }
Lucia A. Dougherty being duly sworn, deposes and says that he is the
(Ownep) (Attorney for Owner) of the real property described in answer to question #1,
above; that he has read the foregoing answers and that the same are true and complete;
and (if acting as attorney for owner) that he has authority to execute the Disclosure
of Ownership form on behalf of the owner.
(SEAL)
(Name
SWORN TO AND SU SCRIBED
before me thi �-
day of
OF C pTgRy AL Notary Public St f Florida at Large
Perso7nal NNE L PARDO
IC STATE OF FLORIDA » 4
MY rnmmI N. FXFRJ�iISSION NO. CC262245
361
AFFIDAVIT
STATE OF FLORIDA }
} SS
COUNTY OF DADE }
Before me, the undersigned authority, this day personally appeared
Lucia A. Dougherir Rho being by me first duly sworn, upon oath, deposes
and says:
1. That he is the owner, 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 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 port 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 documents submitted
in conjunction with this affidavit are true and correct
Further Affiant sayeth not.
(SEAL)
(Name)
L'ucia A. Dougherty
Sworn to and Subscribed before me
this day of _1 tt-k' :., :"r—ARY SEAL
L PARDO
1 s, IC STATE OF FLORIDA
COMMISSION NO. CC262245
P. DEC.16,1994 _
Notary Public, State of l a aLarge 3 4 361
My Commission Expires:
OWNER'S LIST
Owner's Name SM Brickell Limited Partnership
Mailing Address 701 Brickell Avenue, Suite 3150, Miami, FL 33131
Telephone Number 372-0550
Legal Description:
See attached "Exhibit A"
1643 Brickell Avenue, Miami, FL
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
hone
Street Address Legal Description
none
Street Address Legal Description
- 61
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LEGAL DESCRIPTION
Lots 47,48,49, and 50, in Block "B" of MARY AND WILLIAM BRICKELL'S
SUBDIVISION; according to. the Plat thereof, as recorded in Plat
Book "B", at Page 96, of the Public Records of Dade County,
Florida, also known as:
Lots 47,48,49, and 50, in Block "B" as shown on FLAGLER MRS. NARY
BRICKELL RE -SUBDIVISION OF PART OF POLLY LEWIS AND JONATHAN LEWIS
DONATIONS: according to the Plat thereof, as recorded in Plat Book
5, at Page 44, of the Public Records of Dade County, Florida,
AND;
The submerged land in Biscayne Bay lying Southeasterly of Lots
47,48,49, and 50 in Block "B" of MARY AND WILLIAM BRICKELL
SUBDIVISION; as recorded in Plat Book "B", at Page 96, of the
Public Records of Dade County, Florida, more particularly described
as follows:
COMIC= at the Northwest corner of Section 40, Township 54 South,
Range 41 East; thence North 88. 12' 14" East, along the North line
of the said Section 40, for a distance of 4,733.70 feet to the
intersection thereof with the Southeasterly Right-of-way Line of
Brickell Avenue as shown on the plat of FLAGLER_ Plat Book 5, at
Page 44 of the Public Records of Dade County, Florida; thence North
521, 50' 14" East, along the Southeasterly Right -of -Way Line of
Brickell Avenue as shown on the said Plat of Flagler and along the
said Right -of -Way Line of Brickell Avenue and along the
Northwesterly line of Block "B" as shown on the Plat of MARY AND
WILLIAM BRICKELL SUBDIVISION, Plat Book "B", at Page 96, of the
Public Records of Dade County., Florida, for a distance of 2,540.99
feet to the most Westerly corner of Lot 50, Block "B" of the said
MARY AND WILLIAM BRICKELL SUBDIVISTONI thence South 37. 09' 46"
East, along the Southwesterly boundary of said Lot 50 and it's
prolongation Southeasterly for a distance of 683.78 feet to the
intersection thereof with the Dade County bulkhead line as recorded
In Plat Book 74, at Page 3, of the Public Records of Dade County,
Florida, and the Point of Beginning of the Tract of submerged land
herein described; thence North 56. 54' 11" East along the said
bulkhead line, for a distance of 300.696 feet to intersection
thereof with the prolongation Southeasterly of the Northeasterly
boundary line of Lot 48 of the said Block "S"# thence North 37. 09'
46" West, along the prolongation Southeasterly of the Northeasterly
boundary of said Lot 48, for a distance of 208 feet, more or less,
to the High Water Line of Biscayne Bay# thence Southwesterly,
meandering the High Water Line of Biscayne Bay and along the
Southeasterly boundary of Lot 48,49, and 50 of said Block "B" for
a distance 335 feet, more or less, to the intersection thereof with
the southwesterly boundary of said Lot 50; thence South 37. 09' 46"
East, along the prolongation Southeasterly of the Southwesterly
boundary of said Lot 50 for a distance of 207 feet, more or less,
to the Point of Beginning#
ELT
COOUNCs at the Northwest corner of said Section 401 thence North
98. 12' 14" Nast, along the North Line of the said Section 40 for
a distance of 4,733.70 feet to the intersection thereof with the
Southeasterly Right -of -Way Line of Brickell Avenue as shown on the
Plat of FLAGLER, Plat Book S, at Page 44 of the Public Records of
Dade County, Florida# thence North 52. 50' 14" East, along the
Southeuterly Right-ef-Way Line of Brickell Avenue as shown on the
said Plat of FLAGLER and along the said Right -of -Way Line of
Brickell Avenue and along the Northwesterly line of Block "D" as
shown on the Plat of MARY AND WILLIAM BRICKELL SUBDIVISION, Plat
Book "D" at Page 96 of the Public Records of Dade County, Florida,
for a distance of 2,840.93 feet to the mast Westerly corner of Lot
47, Block "8" of the said MARY AND WILLIAM BRICULL SUBDIVISION#
thence South 37. 09' 46" East, along the Southwesterly boundary of
the said Lot 47 and its prolongation Southeasterly for a distance
of 704.18 feet to the intersection thereof with the Dade County
bulkhead line as recorded in Plat Book 74, at Page 3 of the Public
Records of Dade County, Florida, and the Point of Beginning of the
Tract of submerged land herein described# thence North 56. 54' 11"
East, along cite said IZulf:head line, for a distance of 100.232 feet
to the intersection thereof with the prolongation Southeasterly of
the Northeasterly boundary line of Lot 47 of said Block "B"# thence
North 37. 09' 46" West, along the prolongation Southeasterly of the
Northeasterly boundary of said Lot 47, for a distance of 208 feet,
more or less, to the High Water line of Biscayne Days thence
Southwesterly, meandering.the High Water line of Biscayne Day and
along the Southeasterly boundary of said Lot 47 for a distance of
100 feet, more or less, to the intersection thereof with the
Southwesterly boundary of said Lot 471 thence South 37. 09' 46"
East, along the prolongation Southeasterly of the Southwesterly
boundary of said Lot 47 for a distance of 208 feet, more or less
to the Point of Beginning.
Containing 6.4 acres more or less including the submerged land# and
4.5 acres more or less without including the submerged land.
EXHIBIT "A" —_
r -
'4- 361
EXHIBIT "B"
S.M. Brickell Limited Partnership is owned by:
Santa Maria Development, Inc. is the general partner and owns
l%.
Sama, Inc. is the limited partner and owns 99%.
Santa Maria Development, Inc. is owned 100% by Ugo Colombo,
individually.
Sama, Inc. is owned 100% by Ugo Colombo, individually.
�4- 361 11
r�+
SENT BY:CITY OF MIAMI
b-11-84-10:13ANI ; CITY MANAGER '''�F.
TO
Sergio Rodriguez
ABBiStant City Manager
A �(W\l
0. Miriam Maer
CITY OF MIAMI. t'LORIDA
INTER -OFFICE MEMORANDUM
CITY MA 7G
JL�L MAY I I AM 9:29
May 10, 19A4
SUWECT
0 91:)3
La Santa Maria
1643 8riokell Avenue
I(EFEAMCES
FILE
A94--482
Chief Assistant City Attorney PNCLOSURM
'Waiver of Waterfront Charter
in response to your memo dated May 2, 1994 please be advised
an ire have verbally disoussed, it is our position that the
proposed projeot will require a waiver of the City'a Vaterfront
Charter Amendment, as Set forth in your May 2, 1994. I trust
this resolves this issue.
co: A. QuinnJones, III
�c+
City Attorney`
GMM/jn/M765
13
04-- 361
t _1
VAtu of tantt
SERGIO RODRIGUEZ, AICP
Director p �rr�ii ii�t� De
fro, F4��
May 6, 1994
Adrienne Freisner-Pardo, Esq.
Greenberg Traurig et al
1221 Brickell Avenue
Miami, FL 33131
RE: La Santa Maria
1643 Brickell Avenue
Dear Ms. Freisner-Pardo:
CESAR H. ODIO
City Manager
In response to your letter of April 18, 1994, the Law Department has responded
negatively to your request for a waiver of the Waterfront Charter Amendment.
For your information, the attachments discuss the pro's and con's.
Sincerely,
S io Rodriguez, AICP
Director
cc: G. Miriam Maer, Chief Assistant City Attorney
Law Department
Joel E. Maxwell, Chief Assistant City Attorney
Law Department
Teresita L. Fernandez, Chief
Hearing Boards Office
Planning, Building and Zoning Department
Juan C. Gonzalez, Acting Zoning Administrator
Planning, Building and Zoning Department
Lourdes Slazyk, Planner II
Planning, Building and Zoning Department
Catherine J. Carlson, Planner II
Planning, Building and Zoning Department
Lucia A. Dougherty, Esq.
Greenberg, Traurig et al
Via- 361 is
Planning and Zoning Division / (305) 579-6086 / FAX (3D5) 358-1452
PI ANNING, Fit III DIN(" ANI7 70NINR nFPAPTKAFNT/77S N W 7nrt C1raw Miami r1n 1e4o 9719R
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO; A. Quinn Jones, III May 2, 1994
City Attorney DATE : FILE
Law Department SUBJECT La Santa Maria
1643 Srickell Avenue
FROM : REFERENCES: Waiver of Waterfront Charter
kntistant
riguez Amendment::
Ci
ty Manager ENCLOSURES
Joel E. Maxwell, Chief Assistant City Attorney, has requested that this memorandum
be addressed to you so that you can decide which of your staff will be assigned
the question of whether or not this project - a proposed 500' high residential
tower - requires a modification of the City's Waterfront Charter Amendment (see
Section 3 (mm) (ii-iv) City Code).
The applicant had initially argued that the Charter Amendment does not apply
because the existing Santa Maria residence is a pre-existing condition. Upon
finding that this was not the position adopted by the City in Resolution 80-334,
the applicant now argues that a modification was already granted by Resolution 80-
334; May 7, 1980. (see attachment)
Planning Viewpoint
The counter -argument, i.e., that a modification to the Waterfront Charter
Amendment is required for this project, is as follows:
I. Different Project - Resolution 80-334 approved a Planned Area Development, per
plans on file, which would seem to be radically different from the proposed
500' high residential tower.
2. Status of Prior Zoning - Resolution 80-344 refers to a Planned Area
Development under Zoning Ordinance 6871. Zoning Ordinance 9500 provided in
Section 3405 that applicants have 180 days from the effective date of
Ordinance 9500 (June 27, 1983) to obtain a building permit under prior zoning
Ordinance 6871.
3. Status of Agreements under prior Zoning - Zoning Ordinance 11000, effective
September 4, 1990, Section 2105.3, recognized agreements under prior zoning
providing a) a building permit has been issued; b) construction has commenced
and c) at least one unit of a multi -phase project has been completed.
4. Laches - Fourteen years have passed and the prior owner did not undertake to
fulfill the conditions of the resolution; no dedication was made, no covenant
was supplied and the site retains the 1980 status. To expect the City to
breathe life into this resolution, after the previous owner had allowed it to
die, taxes the imagination. •
0_ 36117
Leonard J. Adler
Fernando C. Alonso
Cesar L. Alvarez
Damiel H. Aronson
Devid C. Ashburn
LLarles M. A—Undar
David T. Asrin
Fred W. Daggett
item L. Bach
allarie Bess
V. Dawn Seighey
Norman L Seaford
Lisa L Barger
Dale S. Bergman
Paul Berk"its
Bridget Beery
Mark F. Rideau
Lorene Jon Blelby
Mark D. Bloom
Reginald L. BoutbiMeq Jr.
Howard Bregman
Blake D. Bringgold
Fra mia.B. Brogan, Jr.
Bun Bruton
Bernardo Burstain
Joseph A. Csballo
Diane Wagner Carr
David R. Chase
Michael J. Chenniga
Ary Cboueke
Sue M. Cobb
L. Frank Cordaro
C.-Deryl Couch
Albert A. del Castillo
Alm T. Dimond
Trial L. Donate
Lads A. Dougherty
Candace R. Duff
William B. Eck
Kenneth Edelman
Arthur J. England, Jr.
Cary M.Epsom
Henry H.•(Bucky) Fax
Jeffrey R. Flied
Robia E Frydman
Robert C. Gang
Richard G Garrett
Brian K. Gan
David J. George
Jeffrey Gilhart
Lurie L. Gildan
Bruce H. Chen-Ktdn
Richard J. Gluso
Lawr000e Godofaky
Joel K. Goldman
A T T O R N E Y S A T L A V
I fl fl � I G
Steven E. Goldman
Steven M. Goldsmith
Joseph G. Goldstein
Steven S. Goodman
Matthew B. Corson
Dianne Greenberg
Melvin N. Greenberg
Robert L. Grossman
Barbara A. Hall
Paige A. Harper
Fred R Harris, JL
Steven M. Holtman
ABrato M. Hernandez
Jeffrey A. Hirsch
Kenneth C. Hoffman
Lary J. Hoffman
Kenneth A. Horky
Gerald J. Houlihan
John L Hutton
Keith A. James
Martin Kalb
Steven M. Katzman
David S. Kcain
Steven J. Kravitz
J. D. Boone Kuersteiner
Roardd C. LaFace
Steven A. Landy
Steven B. Iapidus
Nancy L Lash
Moab* M. Lehrlield
James P. S. Leshaw
Marc S. Levin
Oscar Levin
Michael P. Levinson
Norman H. Lipoff
Carlos E. Lumiet
Juan R Loumkt
Bruce E. Maodonough
Robert P. Madan
Allred J. Malefatto
Samantha D. Malloy
low ManaeaPeieguu
Enrique J. Martin
Roberto Martinez
Pedro J. Maertnes-Feega
Joel D. Mesa
Juan J. Mayol, Jr.
Robert R. McDonald
John T. Matzger
Janet L. O'Brien
Maury R. Olicker
Rebecca R. Orand
Debbie M. Orshehky
Aileen Ortega
A. Fdesoar Pardo
Steno J. Pardo
Rose Pariah -Ramon
Michael G. Park
Marshall R. Pasernack
Sylvia S. Peoneys
Byron a Petersen
Sheldon S. Polish
Roberto R. Pupo
Albert D. Quentel
Vivian raw Quiroga
C. Ryan Rests
Mark J. Reisman
Luis P41W
Barry Scat Richard
Douglas J. Rlllatone
A. Jeffry Robinson
Kenneth B. Robinson
Raquel A. Rodriguez
Alan H. Rolnick
Martin S. Rosen
Richard A. Rosenbaum
Ronald M. Rosengarten
David L. Rosa
Gary A. Saul
EMot H. Scherker
Mark E Schnapp
Clifford A. Schulman
Randy J. Shaw
Paul A. Shelowitz
Brian J. Sherr
Marlene K. Silverman
Holly R. Skolnick
Lure P. Stephenson
Charles E. Stiver. JL
Joel L. Stacker
Douglas P. 'ILoroburg
Robert H. Tmurig
Brian J. W&Uh
Keith Wessersrom
Jeffrey Wdtborn
David E. Wells
Bradford a Wes
Howard W. Whitaker
Jerrold A. Wish
mwwthy-a Wolfe
Linda G. Worton
Julie A. Zahniaer .
T. Wayne Davis, of Counsel
Arnold J. Hoffman, of Counsel
Patrick T. O'Brien, of Counsel
Allan Salavin, of Counsel
Paul E. Shapira, of Counsel
Craig E. Stein. of Counsel
Mara M. Wateon, of Counsel
Zachary H. Wolff, Retired
Ad&=e Friemr Pardo
305-S79.M
xa
April 18, 1994 -
Via Facsimile
Mr. Sergio Rodriguez, AICP 0 10 Z N
Director, Planning, Building
& Zoning Department
City of Miami, City Hall
3500 Pan American Drive
Miami, Florida 33133
Re: La Santa Maria - Waiver of Waterfront Charter Setback
Dear Mr. Rodriguez:
This letter is to inform the City of Miami that the property located at 1643 Brickell,
Avenue, Miami, Florida, a/k/a La Santa Maria, has already been granted a waiver by the
City Commission of the waterfront Charter provision. For your review, I have enclosed a
copy of Resolution No. 80-334 which the City Commission passed on May 4, 1980. The
Resolution granted a waiver of the waterfront side yard setback which required a side yard
setback of 25%. The waiver was granted in order to preserve the existing mansion. At
anetntrraraAt:trows.tta/ra/sr
(:RF.F.NAF.RI: TRAll RIf, ii(1FFMAN LIPOFF ROSEN & QUENTEL, P. A. � 4 ! 361
Mr. Sergio Rodriguez
April 18, 1994
Page 2
the time the waiver was requested in 1980, the project was only providing a 7% average side
yard instead of the required 259o'. The project being proposed today will provide a 14%
average side yard setback.
Based on Resolution No. 80-334, we do not believe that the project is required to
obtain another waiver of the waterfront Charter setback. Please respond as soon as
possible, since my client is seeking to proceed immediately, once all approvals are obtained.
Please call me at 579-0683 if you have any questions.
cc: Mr. Ugo Colombo
Sam Burstyn, Esq.
Mr. Joseph McManus
Ms. Lourdes Slaayk
Mr. Ron Choron
Mr. Bob Krief
Mr. Art Murphy
Mr. Luis Revuelta
Mr. Taft Bradshaw
Robert H. Traurig, Esq.
Lucia A. Dougherty, Esq.
Joel Maxwell, Esq.
G. Miriam Maer, Esq.
20
Very truly yours,
a-J,t,4�� 910AA44-0
Adrienne Friesner Pardo
4361
—
,
�
r
r
:ra
i
of April 7.
'adopted Res
of the•requ
of btismi Ch,
1925. ao ate,
the best ini
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9 �r.�
heretriafcor
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CITY OF HIM
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forth in $cc
Special Actc
of a Plann&
41
HAVIA) on
21
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A%R— 1 1 --•94 MON 1 02
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a.
(b-96) and suhmorged land lyinn Rely on Lots 47, i8► i9. h S0,
r,
`
HARY i VIJAJAH BRICKF•LL (1-96). being 1647 Brickell Avenue, as
�;.•
per plena on file, with a proposed 7% average side yards bleed on
j
avarsge lot width (25% requirRd)t toned R-SA (High Density
"
Multiple Dwelling) be and the same is hereby granted, subject to
e
1.
the following conditions: 1) dedication of the 701 rtght•of-Vay
Tog, 2) filing a vnewat that the lands underwater will not be
•�
gilled, S) any future warina development will require approval
•�
of the Urban Development P"Ifv Board sa a modified P.A.D.t 4)
the garages in the right•cf-wily to be aaintatned until right-oE-way
,
•j
improvetsants are started, S) per plgns on Fite including land-
t
scApe plans, dated February 14th, 1950, sheets 1-71 6) proserVAtion
U
yi
of .tht existing slanaioo, and 7) presarvation of the shoat line
in its natural state.
PASSED AND ADOPTED this .7ch day of MAY ,, 1980.
,t�Pt
,fit
ATTESTt
•'�
�•1•., C CI,LR1(
"Jt. PROARED AIM APPROVED BY:
f•4:•
WXR
ASSITATWO N CITY XTTOR EY
•S
22
APPROVED RR?i AND CORRMT1,19W
C
-------- 4------------ ----*----w.�--...._•...rr�v�-.--......_.rT+r..-fr•Yy__�. R
1/ Plnns on file ruf et arlonr Arra lntlo of 1,92,
-2-
SHORELINE DEVELOPMENT REVMW COMMITTEE
• RESOLUTION 94-SDRC-2
WHEREAS, S.M. Brickell Limited Partnership has applied for approval of the Santa
Maria Condominium located at 1643 Brickell Avenue in the City of Miami and as frilly
described in the attached recommendations and site plans, and
WHEREAS, the proposed project consists of a 174-unit tower, clubhouse and marina,
and
WHEREAS, the subject application as filed with the Metro -Dade Developmental Impact
Committee dated March 10, 1994 requests site plan approval, and
WHEREAS, the Shoreline Development Review Committee considered whether and the
extent to which the project as presented conformed to the Dade County Oomprehensive
Development Master Plan, the City of Miami Master .Plan, and the Biscayne Ray Management
Plan, and
WHEREAS, the Shoreline Development Review Committee of Dade County has as one
of its primary responsibilities, the duty to determine the extent to which tiny plan or development
action, as proposed, is in conformance with Dade County Ordinance 85-14 and the minimum
standards set forth in Dude County Resolution 85.257, and
WHEREAS, the Committee considered the recommendations of Dade County staff, and
WHEREAS, a public meeting of the Shoreline Development Review Committee of Dade
County, Florida, was advertised and held, as required by law, and all interested parties in the
matter were heard, and upon due and proper consideration having been given to the matter;
23
24— 361'
NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of April A, 1994
the Biscayne Bay Shoreline Development Review Committee, as moved:by Jose Feito and
seconded by Los Beilinson recommended approval of the development action as presented and
enumerated in the attached staff report with the following condition:
1. That the landscape architect monitor tree protection throughout the building
process.
The vote on the motion was as follows:
Sergio Bakas - Aye
Les Beilinson - Aye
Jose Feito - Aye
Motion to approve passed 5-0.
William O'Leary -
Aye
Conchita Suarez -
Excused
Andrew Witkin -
Aye
This resolution constitutes the report of the Shoreline Development Review Committee together
with all exhibits attached hereto submitted to the City of Miami Board of Commissioners, Dade
County, Florida pursuant to Dade County Ordinance 85-14 which shall become a part of all
hearings and/or permit records on the proposed development action,
Respectfully submitted,
William A. O'Leary; F,A, L.A.
Chairman, BiseayneBay Shoreline
Development Review Committee
# --I Z -014000""
Date
App. #94-2
CASM94-SDR-2
�- 361