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Home My WebLink AboutR-94-0465J-94-399 6/30/94 RESOLUTION NO� A RESOLUTION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 80-334, ADOPTED MAY 7, 1980, PERTAINING TO "LA SANTA MARIA" RESIDENTIAL PROJECT, LOCATED AT 1643 BRICKELL AVENUE, MIAMI, FLORIDA (AS MORE PARTICULARLY DESCRIBED HEREIN), TO PROVIDE A 50' SETBACK FROM THE BAY (50' REQUIRED); TO PROVIDE A 14% AVERAGE SIDE YARD BASED ON AN AGGREGATE LOT WIDTH (25% REQUIRED); ZONED R-4, MULTIFAMILY HIGH DENSITY RESIDENTIAL; SAID AMENDMENT SUBJECT TO ALL CONDITIONS OF RESOLUTION NO. 80-334, THE PLANS ON FILE DATED MAY 2, 1994, LANDSCAPING PLANS DATED APRIL 28, 1994, AND STIPULATIONS AS CONTAINED HEREIN. WHEREAS, the City Commission, at its meeting of May 7, 1980, following an advertised hearing, adopted Resolution No. 80-334 recommending approval of a waiver of the requirements as set forth in Section 3(4)(b) of the Charter of the City of Miami, Florida, as amended, pertaining to the residential project "La Santa Maria," located at 1643 Brickell Avenue, Miami, Florida; and WHEREAS, Section 3(4)(b) of the Charter required that waterfront properties provide an average side yard of 25% based on the width of the lot; and WHEREAS, Section 3(4)(b) of the Charter is currently codified as Section 3(mm)(ii) and (iii) of the Charter of the City of Miami, Florida, as amended; and I �N ,11 r!.q rn e"p?yr cd Jt� 6'ti j�;. CITY C0M TvTrSSION MELT111C OF JUNI;y ?r�31t ho,so:ution No, 94- 465 WHEREAS, the plans on file with the City of Miami in connection with Resolution No. 80-334, only provided a seven percent (7%) average side yard based on the average lot width; and WHEREAS, the owner, S.M. Brickell Limited Partnership, has requested an amendment to Resolution No. 80-334, to approve the plans on file with the City of Miami dated May 2, 1994 (the "Plans") and the landscaping plans dated April 28, 1994 (the "Landscaping Plans"); and WHEREAS, Resolution No. 80-334 contains seven conditions, of which the sixth condition requires the preservation of the existing mansion; and WHEREAS, due to the preservation of the existing mansion known as "La Santa Maria," located at 1643 Brickell Avenue, Miami, Florida, legally described as Lot 47, Block "B", MARY AND WILLIAM BRICKELL'S SUBDIVISION, as recorded in Plat Book "B" at Page 96 of the Public Records of Dade County, Florida, (the "Mansion") and the general welfare of the City of Miami, the City Commission deems it advisable and in the best interest of its residents to grant an amendment to Resolution No. 80-334, with stipulations, 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. - 2 - Section 2. Resolution No. 80-334, adopted May 7, 1980, pertaining to "La Santa Maria" residential project, located at 1643 Brickell Avenue, Miami, Florida, and more particularly described as Lots 47, 48, 49 and 50, Block "B", MARY AND WILLIAM BRICKELL'S SUBDIVISION, as recorded in Plat Book "B" at Page 96 of the Public Records of Dade County, Florida, together with the submerged land more particularly described in the application filed with the City of Miami in connection herewith, (the "La Santa Maria Residential Project") and -the Plans on file attached thereto, is hereby amended to provide a 50' setback from the Bay (50' required); to provide a 14% average side yard based on an aggregate lot width (25% required); zoned R-4, Multifamily High Density Residential; said amendment subject to all conditions of Resolution No. 80-334, and the plans on file with the City of Miami dated May 2, 1994 and the Landscaping Plans dated April 28, 1994, and the following stipulations: 1) the Mansion may be utilized only by the residents and owners of the condominium units at The Santa Maria, and their guests; 2) the Mansion may not be utilized or opened except for Normal Everyday Use (as hereinafter defined), Special Events and the Developer Host Parties as hereinafter defined; 3) the Normal and Everyday Use of the Mansion for each and every day of the year, except during four Special Events (as hereinafter described) in any given calendar year, and the Developer Host 94- 465 - 3 - Parties (as hereinafter defined), shall be strictly limited to library and reading room purposes, a museum with artifacts, television room, billiards room, and card room ("Normal Everyday Use") and subject to the following limitations: a) the Mansion shall open no earlier than 8:00 a.m. and shall close no later than 10:00 p.m. each day; b) no food and/or alcoholic beverages shall be permitted in the Mansion; c) no catering shall be permitted in the Mansion; 4) the grounds around the Mansion as depicted in pink on Exhibit "A", shall not be permitted to be utilized at any time for outdoor table use, bars, parties, music activities or places of congregation except Developer Host parties as outlined in number 6 below; 5) Special Events, as distinguished from Normal Everyday Use, may be held at the Mansion only in accordance with the following conditions and limitations: a) no more than four (4) Special Events shall be held within the Mansion during a calendar year; 46O - 4 - b) the Imperial-at-Brickell Condominium Association shall be given no less than three (3) days prior written notice of the date that a Special Event is scheduled to be held at the Mansion; e) each Special Event shall !, (i) begin no earlier than 8:00 a.m. and end no later than 12:00 a.m. (midnight) at which time the doors of the Mansion shall be locked and all owners, residents and guests i shall vacate the subject property depicted on Exhibit "A"; (ii) be limited to a maximum of a total of seventy-five (75) owners, residents and guests, not including the necessary service persons; d) during Special Events: ! (i) the grounds depicted in pink on Exhibit "A" shall not be utilized for outdoor table use, bars, parties, music activities or places of congregation; 94- 465 5 - y RN city guard shall be ied, employed or l to the Mansion area t one (1) hour before „-. .,r.:cial Event commences and until all owners, residents and guests have vacated the area depicted on Exhibit "A"; (iii) food (including catering) is permitted to be served in the Mansion; In addition to the Special Events and not included as part of the total number of four (4) Special Events to be allowed each calendar year, S. M. Brickell Limited Partnership ("S.M. Brickell") is permitted to host three (3) parties at the Mansion and the grounds surrounding the Mansion, as depicted in pink on Exhibit "A", prior to or within twelve (12) months from the date of issuance of the final Certificate of Occupancy for the La Santa Maria Residential Project (the "Developer Host Parties"), as follows: (a) there is no limitation as to the number of guests; (b) each of the Developer Host Parties shall begin no earlier than 8:00 a.m. and shall end no later than 1:00 a m. 94- 465 6 - (o) the three (3) Developer Host Parties shall not be included within the limitation of the number of four Special Events set forth above. (d) food, beverage service and catering are permitted at such parties. 7) the use limitations of the Mansion shall not be applicable to the current use of the Mansion which is a sales office. Said sales office use shall continue until the earlier of the sale of all condominium units or when S. M. Brickell at its discretion ceases to use the Mansion as a sales office and commences use of the Mansion for the Normal Everyday Use, as defined in Section 2 of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th d ay of June 1994. STR�HEN P. CLARK, MAYOR AT r i� M TTY HIRAI CITY CLERK PREPARED AND APPROVED BY: G. MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY i GMM/ms/bss/M4338 - 7 - APPROVED AS TO FOR AND CORRECTNESS: ,r A. QU N JO TT CITY A TOR 94-- 465 i It EU:E—�� -IJ! m The yellow u area consti- tutes the Mansion ' I ► ff a 1 '} - � '- t The pink area constitutes �,t� the grounds 0ijl.1 ' ;tom i 7\' surrounding the Mansion The pink and the yellow areas constitute the Subject Property - � The areas marked with f �I an "x" are not included wy=7 wit}iin the Subject Property 1 i i I 6' ui�ilir 4u+iu i - -- ,I. Ij I S C Y N h 13 EXIiIBIT "A" 94-- 465 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM U To Honorable Mayor and Members of the City Commission 4T� FROM Cesar H. Odio City Manager RECOMMENDATION: jUN 2 2 1994 DATE Resolution: Modifications to SUBJECT Waterfront Charter Amendment: La Santa Maria, 1643 Brickell Avenue REFERENCE hnenda Item, City Commissior ENCLOSURES Ntteting of May 23, 1994 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 81-334, May 7, 1980. BACKGROUND: La Santa Maria project is a proposed 508' 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' bayf-ont 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 Ame ant sufficiently to justify the requested modifications. The criteria for modifications to the Waterfront Charter Amendment are that the "modifications requested provide public benefits such is direct puL is access, public walkways plaza dedications, covered parking up i. the flood plain level, or comparable �nefits which promote a better urban environment and public advantages, or which preserve natural Ifeatures." 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 resident-) of the high-rise condominium structure. Page 1 of 2 4- 465 2. Within the required 50' setback from the bay (which is being complied 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. 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 for the marina), preparatory to an intended decision on a Class II permit on April 13, 1994; the final decision of that Class II permit was issued on May 24, 1994 and has subsequently been appealed. On April 12, 1994, the Metro Dade County Shoreline Development Review Board also reviewed and approved this project. In addition, at the City Commission Meeting of May 23, 1994, this item was continued with the expressed intent of the Commission that all unresolved items between the applicant and representatives of the adjacent property, be disclosed to the Ccmni..ssion. Attachments cc: Law Department Page 2 of 2 .2 194- 465 0 I.,,, mar,I J. A,I It•r I)a,ld fit. hair! Fernand'. C. Alarm \lirhu•d J. (:hrnaKa i ,,',ar 1.. \11nr•z 4n Chnur ke L,h:uw •\rma, Sur A1. I:nhh I l;nuel II Senn,.... 1.. Frank I:nnh•rn 'a, id l:. A,Ilhurn I, IIt•,, I Cnurh I .hodl %I. A —I., rider do I:awtllh, I)a, d I. \grin 11:u1 h. !lint..... I'rt"I \L li;gg'.11 Irinl I. 1)nnatn Lue,it \. 1)nu4h-1, IIIL1rr•' lt,,w. Ganda, . it. IhJf 1 I,.INn 14,,FYn•, A11han, R. I!ek \"I nr.ui J. 141'nlnrd K,•nu,'th tAvh inn 1 IierR", Arlhm J. h.ntiland. Jr. Io,lr 1. lierc❑Lw Gan \l. I•:p,tr,n I',u,l It. rkn„nz Ih nn IL IRu,k)I Fn, It, tdg, t Vi, rr, J,'lln•, It. F16•d Hark I. Rnh:n, Itnhut F. Fndntnn I - .'n...• 1,rr1 Ih,'Ih, Ruhrrt I_ I:anti \L k I I lit nn n, Itit ha I:. I{„� Itl'11,1 I lintlllllll„';, Jr. Rnan K_ Gar'1 {{,n,.vd Hreenuu, Il;ni,l 1. I,rnrFe W.,k„ 1) Iirn, Fnld h Ilre, I;tlh,•rt Fra,,. Ii. Rn.Fan. Jr. I.annr 1. f.itd;ul Jima Rrn•,n Rrne, 11. I;il,•,-Ihlen, livrnanlo Rtlr,t.•in Iti, hare! J. Guutn Jtt,eph A. I;,d,alln I.—rt•n, - (;ndof k, I)ian,\Lagnt•r Ian J-d K. 4—Idman Lucia A. Dougherty (305) 579-0603 Ms. Teresita Fernandez Clerk, Hearing Boards City of Miami 275 N.W. 2nd Street Miami, Florida 33128 GfliEN6ENG NUN .1—eph G. I;,,I,I,I,•m St-rrt S, (:,,ntlman Manh— R. I.r,r,r•n O,,atnn• I..... n, bt•rl� \L•hm \ I; ,'nh, rr• R brit L. I;r.,„rn... liatba,a A. Ilan Pa,f;,' \ I L•u ', , I'n',1 1 tine'.'. J,. Ite„n, \1. 11,Ilium, \Ihern. \I. Ile'.,, I'd- J, If-, ,\ Iirteh K, mt, (1, I: flnflmen Lnrn J. Hoff1, Kenneth It Ilnrk, Gerald J 11.... hhan J„hn It Ilunnu Keith A. Jame. Marlin Kali, ! nI 1vr1 M. Katzman Da\ ,I �,. Ken,n ?b•„•n J. Kra, it, 1. U. li-mv Ku.•r,leur.'r litmald (:. LaFaer Str,r•n A. Lund) Slr,en B. Lapidu, \nn,-, li. L.,h 11„.I,„ 11 Lehrlir•Id 1:.11le, \Ian i,',u, I h„Ir Lr, m Juan P I.numiet Rnn„ F.AlardunnuKh Rnh,vl 1'. %1,,- \Ile d 1. \I,delattn �aatan,ha I1. Mall", I n.•, Wit re Mart", It„I,. rn 11:.rtinez I'edr, 1_ \l:u tune.1 aga Jn, l II Ma„'r Ju;ul J. \1 —0. Jr. Rnhert It. \t, Ihmald Inlnl T. AI -17g"r Jane) I.. I I'[if ien \1:n,r, It. I)It,1, r lirh,•e, a R. I Irand 1)ehhir \I. Ilnl,el,k, Aileen Ortruit A. Frir,ncr I'll rtI Stevan J. Pardn May 2, 1994 Re: Santa Maria (1643 Brickell Avenue) - Waiver of Charter Waterfrunt Setback Provision Dear Teresita: RI>,r Purl,h•liarnrm \lirharl G. Park \Lar,hal1 It. Va,t,•rna,-k 1, k ul S. Pc t"t", R,rnn (;. Pelrravl Itho �. 1'n1.0h Iinln'rn It I'npn Uhr•n U (Jiu•ntel Pau , I1uln. V,, I . R, m, R, . 1, \lark .I. fi„i, man t ur. )I, I, r Itu hurl Ilnupla, 1 Rdl•.Inn,' \. J,IIn liohn„un Krnnrlh R. linhnr.. rt 1i,ufu,'I A. liudnr uee 11,u, II It, k Mar, In 1- Rn-en Ifvlut, l ,\ If—, nhaun, li„nald \1. [I,,,, part, n 14n1d L. It,,,, (;ar, A. Owl Fllua 11 ,, hvrker Mark P. hrhnapp I:lilfonf A. Schulman Rands J. Shaw Paul A. Sheluwitz. Brun J. �,herr \larlrn.' K. Sil—rman Ilnik It. Skolnh k I.hark., F.. Mtn, r. Jr. thm."k- R. 111-0 rg Rnh.•rt II. Iron n¢ linan J. \1akh K,vlh Ram-,r.l rnm J„f(Ir, ALn,hnra R,ndf- 1 1). A..I In„ar,l R\ \1 hil ker Jennld \. 11:.1, fnm,lh, II %.11,' Lunle ,.. '•1•mnn T. Ra, ne Da, I-, nl t -m-el Arnold J. Ilnllttt.ltl, r,I (,n,l It„•1 P.unek 'I )'Rnrn. „ I (:uumel Ailan �,:)o,it). nl C-11 el Paul E �hafnn,. n1 I:unn,el (.ra,{; F:. Slri n. of C.... v el Slur, \l. \L'ut—n. of (:uun—I LJrhar) H. Wolff. Retlrrd On behalf of ,I Brickell Urnited Partnership, we are requesting to be placed on the City Commission agtnida 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 fil' - this application to be heard by the City Commission. Therefore, we reserve our right to ct GREEVRERI; TRACRIG HOFFM.AN LIPOFF ROSEN & QUENTEL, P. A. 1221. BRICKELI, AVL',CE MIAMI, FLORIDA 33131 305.579.0500 FAX 305.579-0717 j � _, �� MIAMI FORT LAUDERD.ALE WEST PALM BEACR TALLAHASSEE 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. i Very truly yours, CC'V!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. PLANNED AREA AEVEt OPHr.HT S(PAR) gS1E 'DIAL PROJECT (LA SANTA HARIAI dN LOTS 47, 48 49 6t 50. BLOCK be MARY h'W t.LIAH 9R CK91.L 6-99) AND SUB11ERGED LAND LYING SE'LY Of LOTS 7, 48, 49 & SO BLOCK a, VARY & 711E IAH 1l�ICKELL (5.96) BHka if 43 BRI=LL AVENQE AS PER MNS5 bA.C�iE�, O{ WaAIVtRAOEPLOTTWIDQ(1TH97��Q5� 6�T�ll� T!"); xONED -SA (111t�'H DENSIY'Y NUL9`IP tri\�1.1.t11C) j SUt1.1EC TO 'W"I FOLL0WIN0 CONDITI N2f 1) DEDICATION OF THE ;�' ItICHT-OF-W Y SERVICE ROAD; 2) 1'1uHG bF A CO liANT THAT LAND lltipt:.R- WATER WI-L NOT It FILLED: 3) FUTURE MARINA U VK1.0F1W.NT WILL TWANUIRF PPROVAL OF 711E URBAN DEVELOPHE4T UVIEW BOARD A MDIL:IFD P.A.D.! 4) THE GARAGESIN Ti(E ICHT-PF-WAY TO BE 14AINT'AINED UNTIL R-`AT OF- AY I "OVF1A!ENTS ARE STARTEDj 5) PCR Pt• I ON F LE IN:...0I0 LANDSCAPE PLANS, DATED F__RUARY 4TH. 090. SHEETS 1-7 : 6 PRESATION Ot' •'11iE ISTINC HANS1ONa 40 7)EP•V PRESERVATION OF-T11E SHORZ LINE IN ITS NATURAL STATE. 1 +a 191EREA3, the City of Hiram. iraZoni.n Board, at its ma ?ttng 1. �!: of April 7. 1980, Item No. 9 (a), following an advertised hearing, .� ►: tdoptrd ReBolutioe Za 61-80 by a 6 to 0 vote r-peowerding a taodift ratteod of the•requira:•tnents as set forth in Section;3 (4) (b) of the City t.�:i�• of Hiamt Charter, Chapter 10847. Special Ac s, Love of FlorJ04. :•,J.`., 1925. as Amended, as hereinafter tot torth;'and 1; WHEREAS. the City Cofmfisnion doe B it advisable and in the best tnteresC of the general welfare of the City of 1414mt and-�, Its tnhabitento to grant a mQdifieation of he vequtremcnG&. all heretnaftor not forth; NOW, Tiff REF PY,. BE IT RESOLVED 8> THE COWIF\SION 0>• THF, CITY OF KIAHI, FLORIDAr Section 1, A or-dification of th requtrounts as set forth in Section 3 (4) (b) of the Ctty of H aAft ChArtor. Chapter 16,q -p Sp"iat Act*, L11w# of tjorida, 1925t as ame dod, Fo permit ConotrMo�. of a Planne-4 Area NvpIopm*nt (PAD) restdcn 141 pro'oFt (LA 8k4TA '•X, HAMA) on Iota 47. 49, 49 and 50, 111oFk a; NY & V11,4BR CKSLL ff•r FV xa rJ 00CLUAE T DES � : !�►Y � � too , .: :. �, ITER NO."" (0-96) and auhmorged land lyinn Re ly on Late 47, AS- 49• SO• MARY 6 VILLIAM ISRMF.LI, (11-90, being 1643 trirkell Averiur. •a per plena on file, with a propoted 7% average ride yards boed on average lot width (25% required); zoned R-SA (RiRh Density c 11,i%Viple Dwelling) be and the same in hereby granted, subject to the followfing conditions: 1) dedication of the 70' righteof-vay • rolitlt 2) filing a rovcnant that the lands underwater will not be P filled; 3) any future atarine development Will require approval t fl of the Urban Development Review Board as a modified P.,A,D.t 4)� the garages in the right-of-w;ty to be maintained until right -of -Way improvements are startedt 9) per pinns on file including lend- scApe plena dated February 14th, 1980. shoats 1-71 6) praservation S of the txiating mansiont and 7) preservation of the short line y i in its nAtural state. ' PASS>ad AND ADOPTED this ,nth day of,,. 1980. fi ,1 ttaurive A. perry i t, 4• ATTEST t �Zc"can PREPARED AND APPROVED BY! TEARY V. WERC-V ASSISTANT CITY ATTORNEY i ;i API'ROV80RN AND CORRRCTNRRS; { iT CliATTORNEY • •.. • .r V••�1-•---•tr-..-.-......-ot•►••►•.'n ••w.•wf www-•� ...�..�.?.TtPf Y-,.rywwww wy . . 1/� +Plans CM lilt ref ct a r1oftr A tint le of 1.Y2. DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject re,l 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 par -es having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question f2 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 f2, and (b) located within 375 feet of the subject real property. vwntRc=A,trORNEY 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 ( ,,ttorney for Owner) of the real property described in answer to question fl, 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 1 SWORN TO AND SUSCRIBED before me thi day of 1C OFFICIAL NOT SEAL Notary ub bf Florida at Large Personal ::: NNE L PARDO !C STATE OF FLORIDA MY COMMISSI N "MISSION NO. CC262245 AFFIDAVIT STATE OF FLORIDA } } SS COUNTY OF DADE } Before me, the undersigned authority, this day personally appeared Lucia A. Dougheri ykho 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 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 documents submitted in conjunction with this affidavit are true and correct Further Affiant sayeth not. (SEAL) (Name) Lucia A. Dougherty Sworn to and Subscribed before me th day of , 1'r\RY SEAL /\ L PARDO STATE OF FLARIDA ®Cc)twiSSION NO. CC262245 P. DEC.16,1994 1 Notary Pub ic, State of ors a a a t L arge r1, 4 Jj - 5 My Commission Expires: OWNER'S LIST Owner's Name SM Brickell Limited Partnership Mailing Address 701 Brickell Avenue, Sui_e 3150, Miami, FL 331.31 Telephone Number 3 7 2- 0 5 5 0 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 i. — 1 t II tL1 yGYYZ' ,�srrinr� o s 1 jS� 14j A" A/A,e'N1XX s D ACe?-,f v,4 1/1- � Ivs 14. 1 6yrrtr,? laLvrJtrf O V a LYa1!'.rEll uavrAsac� 0 Ir 14 4 PH�,n[4YNCUE '% ~a' lATLy d0sw �l'PGf r ✓.�1 YG 121A O LEGAL, DESCRIPTION Lots 47,48,A9, and 50, in Block "B" of MARY AND WILLIAM BRICKELL'S SUBDIVISIONI according to. the Plat thereof, as recorded In Plat Book 11B11, .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. MARY 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, ANDS 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: CCl44T;NCE at the Northwest corner of Section 40, Township 54 South, Range 41 East; thence North 88" 12' 14" Fast, 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 sh m4n on the plat of FLAGLER_ Plat Book 5, at Page 44 of the Public Records of Dade County, Florida; thence North 52' 50' 1411 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 -Nay 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 SUBDIVISION; thence South 37. 09' 46" East, along the Southwesterly boundary of said Lot 50 and We 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 "B"; thence North 37. 09' 4611 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 I.ot 50; thence South 37. 091 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; Eel co1418110E at the Northwest corner of said Section 40; thence north 88. 12' 14" Cast, along the North Line of the said Section 40 for a distance of 4,133.70 feet to the intersection thereof with the Southeasterly Right -of -Way Lino 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 52• 50' 14" East, along the Southeasterly Right -of -Nay 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 'IS" at Page 96 of the Public Records of Dade County, Florida, for a distance of 2,840.93 feet to the most Westerly corner of Lot 47, Block "B" of the said MARY AND WILLIAM BRICKELL SUBDIVISION; thence South 37. 09' 4611 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 Dads County, Florida, and the Point of Beginning of the Tract of submerged land herein described; thence North 561 541 11'1 East, along the Maid '-ul:head line. f.nr 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' 4611 Went, along the prolongation Southeasterly of the Northeasterly boundary of said Lot 41, 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 said Lot 47 for a distance of 100 feet, more or less, to the intersection thereof with the Southwesterly boundary of said Lot 47; thence South 37* 091 461, 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. i M EXHIBIT "T" mm� G fF c 405 EXHIBIT "B" S.M. Brickell Limited Partnership is owned by: Santa Maria Development, Inc. is the general partner and owns 1$. Sama, Inc. is the limited partner and owns 99%. Santa Maria Development, Inc. is owned 100% by Ugo Colomb"N, individually. Sama, Inc. is owned look by Ugo Colombo, individually. erNmtnwa:vuo.iw/aois. . a- 485 13 APPLICATION FOR CLASS II SPECIAL PERMIT (2 originals) 94- 2469 READ ARTICLES 13 AND 15 OF ZONING ORDINANCE 11000 AND ATTACHED DIAGRAM I, RON CHORON , apply to the director of the Department of Planning, Building and Zoning for approval of a Class II Special Permit under the provisions of Article 13 and 15 of the City of Miami Zoning Ordinance. Address of Property 1643 BRICKELL AVE Nature of Proposed Use 174 UNITS, 382 PKG SPACES, 8 LOADING BERTHS, AND Zoning R-4 (F.PD, BAYFRONT) Atlas Sheet 37 Nature of Application (Be specific) ARTICLE 15, SECT, 1511 I attach the following in support or explanation of this application: Location map, property survey, tree survey and planting plan Zoning facts, architect's seal (unless owner's built) Fully dimensional plans with rights of way One set of plans shall be submitted in addition to the two required sets for the building permit. This set of plans will be in the Planning Division file and shall have no amendments on the print. **PERMIT FEES ARE NON-REFUNDABLE** Fee of $8,409.75 Signs, fences, canopies, minor appurtenance:, and minor repairs to be reviewed as required by the Schedule of District Regulations...........................................$50.00 CS, PR, R-1, R-2, R-3, R-4, 0, G/I, C-1, C-2, CBD, I per square foot of gross building area, based upon the definition of building (Section 2502).......................................$0.015 Minimum.........................................................$300.00 PUDs per square foot of net lot area..............................$0.15 Minimum.........................................................$750.00 Demolition .................... .............$100.00 All other applications as required by the text or the Schedule of District Regulations (Article 4)....................$100.00 Property Owner: S.M. BRICKELL LTD. PARTNERSHIP Phone: 372-0550 Agent's Address: 701 BRICKELL AVE SUITE 3150 Phone: 372-0550 City, State, Zip: MIAMI, FL 33131 In case of an appeal, the owner agrees to full disclosure of ownership. PUe OFFICIAL NOTARY SEAL �r ESTHE IDENHOUn S ign t - Public N ,e$FOMVIISSION NUMBER Property Owner CC326450 U cc0 COL0063 FOF ilo� MY COMMISSION F,%P, OC7• 31 7'I This permit sI exp2 om the date of its approval. Any project requiring a Class iI Special Permit must first be reviewed by the Building and Zoning Division (2nd Floor) to insure that each project conforms to all zoning requirements. Therefore, this form must be signed by the Chief Zoning inspector before the project will be considered for final approval by the Director of the Planning, Building and Zoning Department. Both pages must be completed prior to granting of a permit. "This project has been reviewed by the Building and Zoning Divisi.an and has been f d t n conformance with all zoning requirements." ni g Plans Examiners Date f� Page 1 of 13 145 *FOR OFFICE USE ONLY* NUMBER 94-2469 It is intended that Class II Special Permits be required where specified uses and/or occupancies involve substantial technical issues relating to planning policy. The Director of the Department of Planning, Building and Zoning shall be solely responsible for consideration of applications for Class II Permits. The Director shall make such referrals to other officers or dep rtme-nts as are required by regulations to the particular special permit and may make other referrals deenvNJ necessary by him before arriving at h-is decision. NOTICE: The final decision of the Director may be appealed to the Zoning Board, by an aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Hearing Boards Division, PLanning, Building and Zoning Department, 275 N.W. 2nd Street, Miami, FL 33128 (ordinance 11000: Article 18). Referrals: Yes [X] No [ ]: Lourdes Slazyk Maggie Genova-Cordovi, NET Conditions: Yes [X] No ( 1: See below. Conditions: Approval per revised plans on file with the following conditions: 1) As required by the (U.D.R.B.) assembled and in session: (A) Accent lighting shall be implemented which will illuminate all specimen trees facing Brickell Avenue; (B) Shrubbery must be provided along the southwest wall fiat Biscayne Bay to Brickell Avenue. 2) As required by the (P.B.Z.) Department of the City of Miami: (A) This project shall comply with all conditions imposed by the Shoreline Development Review Committee (attached hereto and made a part thereof); (B) The recreation center, also known as the old Santa Maria residence, shall cease all nusic and/or noise by 11:00 P.M. and all activities by 12:00 A.M. on Sundays through Thursdays and all music and/or noise by 12:00 A.M. and all. activities by 1 A.M. on Fridays and Saturdays; and (C) The required Waterfront Charter Amendment (Section 3 (mm)] of the City Code), and Letter of Approval from the FAA (per section 915.2 of Zoning Ordinance 11000) shall be sulxnitted and/or obtained prior to the issuance of any building permits. (D) The site plan which depicts the required loading berths and accessway shall be noted to verify a minimum vertical. clearance of fifteen (15) feet. 3) As required by the Preservation Officer of -the City of Miami jointly with the Dade County Archeologist: (A) That all areas of archaeological importance including all human mains and historic features and artifacts, be subject to recovery by archaeological excavations. (B) That all subsurface disturbances including, but not limited to, construction, digging, tree removal and relocation, ditching, etc. be subject to monitoring by an archaeologist(s). This includes excavations and cleanup on the beach area. (C) That the bluff, cut stairs and associated rock formations n unaltered by any proposed construction activities. T_ 5 (D) That an historic marker reflecting these archaeological discoveries and indicating the site's significance be placed on the property at the conclusion of the project's construction by the property owner. 4) With regards to construction activities, all conditions outlined, and agreed to by the applicant in the attached correspondence, dated March 25, 1994, shall be adhered to and made a part of this approval by reference herein. Findings: The Planning, Building and Zoning Department recamendat.ion of Approval is based on findings that: 1) the proposed project is well within the height and density permitted in 's zoning category; 2) the design of this project is compatible with the ad .:cent existing structures and area; 3) the footprint of the building has been reduced so as to minimize any adverse effect on this historically significant site, this also allaas for more open space at the ground level in deference to the preservation of the original Santa Maria residence; and 4) the ingress and egress, parking, lighting and signage and refuse and service areas have all been adequately provided for and well integrated into the project; and the submitted shadow study .is consistent with the patterns winch exist in the area. Ail. due care and consideration has been taken by the designers and developers of this project to devise a scheme which will respect the existing historical features of the site, integrate itself into the existing streetscape .in a manner befitting the scenic corridor that is Brickell Avenue. [ ] Approved L° Sergio Rodriguez, DrrectoF' [Xj Approved With Conditions P1 g, Building and Zoning Department [ ] Denied Date 7/a 7/9y ++ Attachments 17 ;4— 465 ANALYSIS OF CONSIDERATIONS GENERALLY; STANDARDS; FINDINGS AND DETERMINATIONS FOR CLASS II SPECIAL PERMIT NUMBER 94-2469 As appropriate to the nature of the special permit involved and the particular circumstances of the case, the following considerations and standards shall apply generally, in addition to any other standards and requirements set forth concerning the class or kind of permit being considered. City agents, agencies, or boards charged with decisions concerning special permits shall make, or cause to be n, :e, written findings and determinations concerning such of the following matters as are applicable in the case, shall reflect such considerations and standards specifically in the record, and shall be guided by such considerations and standards in their decisions as to issuance of permits, with or without conditions and safeguards, or denial of applications. YES NO N/A X Ingress and egress. Review for adequacy shall be given to ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian s< ety and convenience, traffic flow and control, and access in case of fire or other emergency. X Offstreet parking and loading. Review for adequacy shall be given to offstreet parking and loading facilities as related to adjacent streets, with particular reference to automotive and pedestrian safety and convenience, internal traffic flow and control, arrangement in relation to access in case of fire or other emergency, and screening and landscaping. X Refuse and service areas. Review for adequacy shall be given to the location, scale, design, and screening of refuse a.1 service areas; to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and n'�.ture of uses on adjoining properties and to the location and character of adjoining public ways. y 19 0 J j 4G5 .Vane 1 of I t I 1 f ANALYSIS OF CONSIDERATIONS GENERALLY; ( STANDARDS; FINDINGS AND DETERMINATIONS 1 FOR CLASS II SPECIAL PERMIT NUMBER i 94-2469 1 YES NO N/A X Signs and Lighting. Review for adequacy shall be given to the number, size, character, location, and orientation of proposed signs, and of proposed lighting for signs { and premises, with particular reference to traffic safety, glare, and compatibility and harmony with adjoining and nearby property and the character of the area. 1 X Utilities Review for adequacy shall be given to utilities r required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appearance or other adverse effects on adjoining and nearby property and the character of the area. X Drainage. Review for adequacy shall be given to provision for drainage, with particular reference to effect on ` adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available j systems is found marginal or inadequate, 1 consideration shall be given to possibilities for j recharge of ground water supply on the property, 1 temporary retention with gradual discharge, or other i remedial measures. X Preservation of natural features. Review for appropriateness shall be given to provision for the preservation of existing vegetation and geological features whenever possible. j 20 94- 465 'Farm 9 0f I YES NO N/A X ANALYSIS OF CONSIDERATIONS GENERALLY; STANDARDS; FINDINGS VD DETERMINATIONS FOR CLASS II SPECI:L PERMIT NUMBER 94-2469 Control of potentially adverse effects generally. In addition to the review of detailed items indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, review .for appropriateness shall. be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or .its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appropriate in the particular circumstances of the case, including screening or buffering, landscaping, control of manner or hours of operation, alteration of proposed design or construction of buildings, relocation of proposed open space or alteration of use of such space, or such other measures as are required to assure that such potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible, and that the use or occupancy will be compatible and harmonious with other development in the area to a degree which will avoid substantial depreciation of the value of nearby property. 21 465 SENT BY:CITY OF MIANiI 5-11-94 ;10:13ANi : CITY MANAGE OFF, -J CITY UP MIAMI. FLORIDA 0 _1 7 N N . INTER -OFFICE MEMORANDUM CITY MANAGLB Q lcl✓ oA?4.MAY I I AN 9, 29 TO FILE Sergio Rodriguez May 10, 1994 A94-�482 Assistant C:.ty Manager 5U!}fECT La Santa Maria, 1643 Bri0kell Avenue MOM . t�1 IIEFERMCES ' G. Miriam Maer Chief Assistant City Attorney ENCLOSURES Waiver of Waterfront Charter In response to your memo dated May 2, 1994 please be advised as we have verbally dlsoussed, it is Our position that the proposed pro jeot will require a waiver of the City's Waterfront Charter Amendment, as set forth in your May 2, 1994. T trust this resolves this issue. do: A. Quinn Jones, III City Attorney GMM/ ,in/M755 Zr_ w d 94- 46523 U-tt axYCY SERGIO RODRIGUEZ, AICP ti r% CESAR H. ODIO Director G na.o solo City Manager O C() F 4 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: 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 eon'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 Cffice Planning, Building and Zoning Department Juan C. Gonzalez, Acting Zoning Administrator Planning, Building and Zoning Department Lourdes Slazyk, Planner II Planning, Building and Zonin:; Department Catherine J. Carlson, Planner II Planning, Building and Zoning Department Lucia A. Dougherty, Esq. Greenberg Traurig et al 25 34- 465 Planning and Zoning Division / (305) 579-6086 / FAX (305) 358-1452 PLANNING, BUILDING AND ZONING DEPARTMENT/275 N.W. 2nd Street. Miami, Florida 33128 TO: A. Q,, n Jones, III City torney Law Department li_(14i! V t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE May 2, 1994 FILE: SUBJECT La Santa Maria 1643 Brickell Avenue FROM : REFERENCES: Waiver of Waterfront Charter Rodriguez Amendment; A i stant City 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 AmendmeriL is required for this project., is as follows: 1. 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 Aqreements 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 n, undertake to fulfill the conditions of the resolution; no dedication was mac. , 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. t 27 34- 465 Leonard J. Adler David R. (]rase Fernando C. Alonso Michael J. Chemiga Cesar L. Alvarez Ary C houeke I Aisna Armas Sue M. Cobb Daniel H. Aronson L. Frank Cordero David C. Ashburn C. Deryl Couch Charles M. Auslander Albert A. del Castillo David T. Azrin Alan'r. Dimond Trod W. Daggett Tnni L. Donato Kerri L. Bash Lucia A. Dougherty Hilarie Bass Candace R. Duff V. Dawn Beighey William B. Eck Norman J. Benfotd Kenneth Edelman Lisa J. Berger Arthur J. England, Jr. Dale S. Bergman Gary M. Epatoin Paul Berkowitz Henry 11. (Bucky) Fox Bridget Berry Jeffrey R. Fried Mark F. Bideau Robin F. Frydman Lorence Jon Bielby Robert C. Gang !dark D. Bloom Richard G. Garrett Reginald L. Bouthillier, Jr. Brian K. Cart Howard Bergman David J. George Blake D. Bringgeld Jeffrey Gilbert Francis B. Brogan, Jr. fauric L. Gildan Burt Bruton Bruce H. Giles -Klein Bernardo Burstein Richard J. Ciusto Joseph A. Caballo Lawrence Godofaky Diane Wagner Carr Joel K. Goldman Adrienne Friesner Pardo 305-579-M Via Facsimile fiBEENBEflG ............. I B fl � B 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 Fted F. Harris, Jr. Steven M. Hclfman Alberto M. Hernandez Jcffrc7 A. Hirsch Kenneth C. Hoffman Larry 1. Hoff nan Kenneth A. Horky Gerald J. Houlihan John 11 Hutton Keith A. James Martin Kalb Steven M. Katzman David S. Klnin Steven J. Kravitz J. D. Bootie Kuerateiner Ronald C. LAFace Steven A. Landy Steven A lapidus Mr. Sergio Rodriguez, AICP Director, Planning, Building & Zoning Department City of Miami, City hall 3500 Pan American Drive Miami, Florida 33133 Nancy B. Lash Moshe M. Lehrfield James P. 3 Leshaw Marc S. Levin Oscar Levin Michael P. Levinson Norman 11. Lipoff Carlos E. Loumlet Juan P. Loumict Bruce E. Mecdonough Robert R Macina Alfred J. Malefatto Samantha D. Malloy Ines Marrero-Priegues Enrique J. Martin Roberto Martinez Pedro J. Martinez-Fraga Joel D. Maser Juan J. Mayol, Jr. Robert R. McDonald John T. Metzger Janet L. O'Brien Maury R. Olicker Rebecca R. Orand Debbie M. Orshefsky Aileen Ortega A. Friesner Pardo Stevan J. Pardo April 18, 1994 01O62 Rose Pariah -Ramon Michael G. Park Marshall R. Pastcrnack Sylvia S. Penneys Byron G. Petersen Sheldon S. Polish Roberto R. Pupo Albert D. Quentel Vivian Paws Quiroga C. Ryan Beat Mark J. Reisman Luis Reiter Barry Scott Richard Douglas J. Rillatone A. Jeffry Robinson Kenneth B. Robinson Raquel A. Rodriguez Alan 11. Rolnick Marvin S. Rosen Richard A. Rosenbaum Ronald M. Rosengarten David L. Ross Gary A. Saul Elliot If. Scherker Mark P. Schnapp Clifford A. Schulman Randy 1. Shaw Paul A. Shelowitz Re: La Santa Maria - Waiver of Waterfront Charter Setback Dear Mr. Rodriguez: �v 1 P, Brian J. Sherr Marlene K. Silverman Holly R. Skolnick Laura P. Stephenson Charles E. Stiver, Je Joel L. Stacker Douglas R. Thornburg Robert H. Traurig Brian J. Walsh Keith Wasserstrom Jeffrey Weithorn David E. Wells Bradford D. West Howard W. Whitaker Jerrold A. Wish Timothy D. Wolfe Linda G. Worton Julie A. 7ahniser T. Wayne Davis, of Counsel Arnold J. Hoffman, of Counsel Patrick T. O'Brien, of Counsel Allan Salovin, of Counsel Paul E. Shapiro, of Counsel Craig E. Stein, of Counsel Marc Nl. Watson, of Counsel 7.schary H. Wolff, Retired This letter -.s to inform the City o; iian ' that the property located at 1643 Brickell Avenue, Miami, orida, 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 CTKM r ri, A\21M76. t\"/rs/M I _. �� :j s 4 6 5 GREENBERGTHAURIC HOFFMAN LIPOFF ROSEN & QU£NTEL, P. A. April 18, 1994 i Page 2 i I a the time the waiver was requested in 1980, the project was only providing a 7% average side yard instead of the required 25%. 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. Seery truly yours, %j Adrienne Friesner Pardo cc: Mr. Ugo Colombo Sam Burstyn, Esq. Mr. Joseph McManus Ms. Lourdes Slazyk 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. i 30 "MrOl ISO ou\:1xra. 8\a/ lot" i PLANN9D✓-0 PROJECT (EA $A 4 50. BLOCK At • AND SUIMR"D 448, 49 & SSO B 1�5� NS)�}N$iPItL.EE. YA'RnS );tA.CER. ON ZONED -SA lilt SWLIECT TO 'WE DEDICATION 01, 21 PILING bF M.I.-..\W)) . w A,'1W 49 LLIN1 aRTAH c1t�TL 5-96) FA SS l.Y SR17C10ELL NARY 6� NI CKELL AVFN E, AS PER PROpos-D T AVER�GR BID UIRRu,: CE RAAat U.dDRR- E or 7119 fi V -:AN DMlJOPXF..4T REVIEW BOARD A 110DIlFIFD T0; S-AhIRAI N UUt�iT 10. RtIT 01F- AYH14RGVMHTS ARE STARTED.;5) PER PLANS ON F Lt INC�.t3UYFl() LANDSCAP9 PUNS, DATED FEBRUARY 4TH.�918T 611RETS 1-7t 6 PRESERVATUM OF.T1i8YNG HANSt4Kt AA'dD 7) 11RESBRVA`t'ION OF'fT 1EORZ LINE IN ITS HATURAL STATE. 1 klm-4$, the City of Flami Zonl Board, at ita megttng of April 7, 1980, Item No..9 (a), following an advertise! hearing, �� P ado.:�d Raxo: .ion 20 61-80 by a 6 to 0 voti r4pcommetlding a taodifttatit�id'„ of the•requirments as act forth in Section;1 (4) (b) of the Citv t14:t of 14inmi Charter. Charter 10847. Special Acfs, Lava of Flor$04 . d�} 1923. aA Amended, as hereinafter eat torth:'and WHEREAS. the City Comlaftion dec�s it advisable and in the best interest of the general vt:lfare of the City of Hi11mt and •; UP tnhabU4nts to grant a modification of �he Yequtremvnls, qg v horrinaftor sot forthl • 'i Now. Tl1p£F0m. aE ti' RESOLVED S THE CAmr-stOti Of In �i CITY OF MIAMI, F ARtb'. Ar � L, Section 1, A 10mification of th requ(,rements as xf% forth in Section 1 (4) (b)•of the.City of H 01 Chortor. Chapttt' 16 . Sps•cial Act*, Lnw# of &3prida, 1925, as atac ad, ;o pfr(dt Comp # 1�� oa of a Planne4 Area povplopmont (PAID) wastdoni tqt pro3vfv t (M 8ARJ1 HAMA) on t,otA 47, 48, 49 sW 50, Alwk a1 I ARY dt iimtx 1 3 LL IR 31 i (b-96) and subv:crged land lying Belly on hots 47, 48. A9' !6 S0, MARY i VII.-LIAR gHtCKFLL (tl-4R?. being 1643 Brickell Avenue, as j per plena an file. with a proposed 77. average side yards ba;reed on average lot width (25% requir9d)t zoned R-SA (High Donattyf 1440ple Dwelling) be and the amme is hereby granted, subject to the following conditions: 1) dedication of the 10' t'ight-of-Vay • Yoder 2) filing a cavcnsnt that the lands underwater will not be i Pilledf 3) any future a,artna development will require approval of the Urban Development Revlpw Board as a modified P.A.D.t 4) the garages in the right-of-wty to be taatntatned until r4ht-of-way improvements are startedr $) per pInns on file including land- scApe plans, dated February 14th, 1980. &treat& 1-71 6) prove vatton 1 of the existing aranaiagl and 7) preservation of the shore line in it& natural state. PASSED AND ADOPTED this _7eh day of,. 1980. etaurine A. Terre r. ATTEST 1 PROARED AND APPROVED BY: ICI •4 •7 ASSISTANT CITY ATTO EY APPROVED RRH AND CORRFCTNE.53t • .6f�,liI'��n Ci Itf ATTORNEY 'a t! - .... - -- "P 32 S-+rrr--wv............ ... .r•.r..... ..-......� .... ••T-T+. t.t.r rti. •� .�1 4/ Pinne on Me rof rt arflonr Area Anti* of 1.92, ` +' � .2. 4 — 1. .i 5 a 1I1. a 0 SHORELINE DEVELOPMENT REVIEW COMM(TTFF, RESOLUTION 94-SDDRC-2 WHEREAS, S.M. Briekell Limited partnership has applied for approval of the Santa Maria Condominium located at 1643 Brickell Avenue in the City of Miami and as fu:;y 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 eonforrned to the Dade County Comprehensive Development Master Plan, the City of M mi 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 any 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 .lade 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 consideratic-i having been given to the matter; . 33 .J c - s' S NOW THEREFORE BE IT RESOLVED, that at its advertised meeting of April 8, 1994 the Biscayne Bay Shoreline Development Review Committee, as moved by Jose Feito and seconded by Les Beilinson recommended approval of the development action as presented and enumerated in the attached staff report with the following condition: I. That the landscape architect monitor tree protection throughout the building process. The vote on the motion was as follows: Sergio Rakas - Aye William O'Leary - Aye Les Beilinson - Aye Conchita Suarez - Excused Jose Feito - Aye Andrew Witkin - Aye Motion to approve passed 5-0. 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, 1A AA. - William A. O'Leary; F.A. ,L.A, Chairman, Biscayne;IIay Shoreline Development Review Committee Date App. #94-2 C:\SDR\94-SDR-2 34 94- Lucia A. t)oughca-ty :305-579•0603 i 1 it n i , A 9 i 1 M fll March 25, 1994 Mr. Tory Jacobs Brickell Homeowners Association 195 S.W. 15th Read, Suite 203 Miami, Florida 33129 Re: Request of Brickell Homeowners Association for Construction Requirements Dear 'Cory: ' On behalf of Ugo Colombo and the Santa Maria project, my client commits to the following: i i 1, Puking My client agrees that parking will not be permitted on Brickell Avenue or South Miami Avenue or any access roads. He will use the Lutheran church parking lot, Villa Maria property, or remote parking lots with shuttle service. 2. Noise My client agrees that no noise will be permitted between 6:00 p.m. and 7:00 a.m.; however, tie will try very hard to accommodate your 8:00 a.m. request. Excluded from the 8:00 a.m. request, however, is the use of the hoist elevator for our employees. My client agree„ to your other requests for noise abatement, i.e., no poise before 10:00 a.m. on Saturdays or after 6:00 p.m, On Sunday, no noise all day, with one exception: for the continuous pour operation. 35 nivau:'fitAUlitf, FIUYYMAN Lworr nwo-.i. R i)iwNrim, I'. A. ,{ _ A 65 J221 ltun.era.i. Avrmll," NIIAW11, I'Li11UiN t�l:Sl 30;.•5Y9.u5ui! I,'Ax 3US•5;9. V.:171 `� Mineu Font LAUT)TJO>ALL W vlil PAI M IirA":n TO I AIIANS!•:r NGu' )row !V tiiuni:tuN Ii.l: Mr. 'Tory Jacobs March 25, 1994 Page 2 3,c�trity and 'Ira, i Control i My client agrees to provide an off -duty uniformed Miami police officer or a security guard during all hours of construction to control track traffic around the job site. i Trucks will not interfere with exits from or entrances to adjoining buildings, ti 4. SI. n 4 My client agrees to remove all rubbish and construction debris from the frontage of Brickell Avenue and to keep the job site clean, preventing dirt, sand, paper, etc. from blowing on adjacent property. He agrees to take all precautions required to prevent blowing debris during storms. 5. Ligw To the extent it does not affect the security on site, my client agrees to control security lighting to avoid disturbances to neighbors. In the event you need to contact anyone regarding* these conditions, you may do so by contacting; Ron Choron during office hours at 372-0550 or in the evenings at 435-8147. After construction,my client agrees to repair any damage to streets, sidewalks, medians, curbs, etc. that inay have been inflicted by construction traffic. Ile further agrees to ensure that any preserved historic structure's use is limited to residents and their guests, with the exception that a condominium sales office will be permitted during pre -construction and construction, and off -site lurking will be provided, 4 j( Sincere , I G C71acA, Dougherty LAD/jhd cc: Mr. Ugo Colombo I 4 isnNn+a,rtA1r1[veav, i\vl7af+ 94_ 465 LAW OFV IC F,0 OR E.CNPEI'IG, TRAUR 10. HOFFMAN, L,IPOrF, Rta!3CN d gUF.Nl'F 1� A IUI BRICK6l.L AVr.NUE, MIAMI, FLORIpA +- ..