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HomeMy WebLinkAboutR-93-0393-?47 (1) `j7 93 RESOLUTION NO. A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD TO GRANT THE APPEAL, PURSUANT `1'O ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 18, SECTION 1800, FROM THE MARCH 22, 1993 DECISION OF THE ZONING ADMINISTRATOR, RENDERED PURSUANT TO ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 21, SECTION 2102, REVOKING BUILDING PERMITS NO. 92-0006757, NO. 92-0006758, NO. 92-0006777, NO. 92-0020432, AND NO. 93-5004911, AS A RESULT OF THE FAILURE OF APPLICANT TO MEET THE CONDITIONS ESTABLISHED ON THE RECORDED COVENANTS DATED APRIL 20, 1992 AS RECORDED UNDER CLERK'S FOLIO NO. 92 R147152 PUBLIC RECORDS OF DADE COUNTY AND DECEMBER 14, 1992 AS RECORDED IN BOOK 15761 AT PAGE 2913 PUBLIC RECORDS OF DADE COUNTY, FOR THE PROPERTY LOCATED AT 1825 NORTH BISCAYNE BOULEVARD AND 320 NORTHEAST 19 STREET, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting of April 19, 1993, Item No. 3, adopted Resolution ZB 47-93 by a seven to one (7-1) vote, granting the appeal which was duly before said Board; and WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the decision of the Zoning Board, finds that the Zoning Administrator correctly opined that the applicant had failed to comply with the conditions of said recorded covenants and correctly revoked said building permits, and, therefore deems it advisable and in the best interest of the CITY COMMISSION MEET11T G or J U N 2 9 1993 Resolution Nm 93- 3�3 Tls T ? l tanl f = <,f t.F» ("' t.y o f i9 i'ITr,i �11rl i # r: n1) 11,i l.,3n9.-, c_n (i-ny t.}lam heT'el.n it�)�r?�71 Tl_'OTCI t }l ? i3On1Tlri Ar�T11.tni_S :1"at Or C1nCIC;i9n and t;o reverse the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The Zoning Board's decision to grant the appeal, Pursuant to Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 18, Section 1800, from the Zoning Administrator's decision rendered in his March 22, 1993, memorandum, pursuant to Ordinance No. 11000, as amended, the. Zoning Ordinance of the City of Miami, Article 21, Section 2102, in which he revoked Building Permits No 92-0006757, No. 92-0006758, No. 92-0006777, No. 92-0020432, and No. 93-5004911, as a result of the .failure of applicant to meet the conditions established on the recorded covenants dated April 20, 1992 as recorded under Clerk's Folio No. 92 R147152 Public Records of Dade County and December 14, 1992 as recorded in Book 15761 at Page 2913 Public Records of Dade County, for the property located at 1825 North Biscayne Boulevard and 320 Northeast 19 Street, is hereby reversed and the herein appeal is hereby denied. -2- 93- 3133 I I c)71 S}1%311 }�s�( r.)mo offr�t':{_i r immediately upon its 3clnpt:ion . PASSED AND ADOPTED this _29th__ day of June , 1993. XAVIER IfA--RZZ, MAYOR CITY CLERK PREPARED AND APPROVED BY: APPROVED AS TO FORM AND CORRECTNESS: IRMA M. ABELLA q4l&N11JqffES, III Assistant City Attorney City At ney GMM/fps/M3611 -3- 9 3 - 3 00 3 ZONING FACT ,KNEE I 3 I.0CATiON/L EC,AL 1825 N. E+iscayne Rlvd., 320 HE 19 SFr M mot= Complete legal description on file with Pearing Boards Office APPLICANT/OWNER Isaac Shih Alan J. Kan, Esq. for Miami Chinese Comm. Miami Chinatown Develop. Corp. Center 331 NE 18 Street Penthouse Suite 11077 Biscayne Blv. Miami, Florida 33132 Miami, Florida 33161 372-5209 895-2520 ZONING C-1 Restricted Commercial b SO-19 Designated FAR Overlay District REQUEST Appeal of the March 22, 1993 decision of the Zoning Administrator, Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 18, Section 1800, revoking the building permits No. 92-0006757, No. 92-0006758, No. 92-0006777, No. 92-0020432, and No. 93-5004911, resulting from the failure of applicant to meet the conditions established on the recorded covenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 PRDC and December 14. 1992 as recorded in book 15761 at page 2913 PRDC. RECOMMENDATIONS: PLANNING, BLDG 6 ZONING Denial. PUBLIC WORKS No Comment. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No Comment. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: 93-899 Last Hearing Date: 06/23/93 Found: N/A Violation(s) Cited: Keeping vacant -unsecured structure which is considered a "public nuisance". Affidavit of Non -Compliance issued on: N/A Daily Fine: 50.00 Lien Recorded on: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY At its meeting of April 19, 1993 the ZB granted the appeal and reversed the Zoning Administrator's decision by Res. ZB 47-93 by a vote 7-1. Twenty-two (22) proponents and three (3) opponents were present at the meeting. ANALYSIS See attached analysis. ZONING BOARD APPELLANT Granted the appeal and reversed Z. Administrator's decision. Dade Heritage Trust, Inc. 9 3 - 3213 CITY COMMISSION APPLICATION NUMBER 93- 144 April 19, 1993 Page 1 Item/ 3 ANAI;fSIS: Based on the attached memorand=, w} ich outlines the seep -fence of events and factual infoL7mtion in this case, the Planning, Building and Zoninq Department is recam ending denial of the requested appeal of the Zoning Administrator's interpretation. The C hi_natcwn project received a series of Variances sumarized in Zoning Board Rp--s . ZB 115-90; December 3, 1990: and City Canni.ssion F.esolutions 91-92, January 24, 1991; 91-779, October 24, 1991; 92- 268, April. 30, 1992. The applicant proffered two covenants running with the land dated April 20, 1992 and Decerbe._r 14, 1992. The applicant's April, 1992 covenant specifically called for his payment of the Dade County Fact Fee (para.2d) prior to issuance of City permits. As a result of the two hurricane extensions (Ord. No. 10995, September 10, 1992 and. Ord. No. 11024, Novenber 12, 1992) the applicant had a date certain (February 26, 1993) to meet all conditions and have all building pexnits. On Mph 15, 1993, it was discovered that the Dade County Inract Fee ($28,000) had not been paid and demolition was halted. On March 22, 1993, the Zoning Administrator issued his interpretation that not all fees had been paid by February 26, 1993 and recannended therefor that all penuts be revokers; the Building Official then revoked all permits. 93- 393 AIM PEDESTRIAN PA' 3 mom .. I `A 1 -- 20 A �' 10 a _ to If ' 'o +6 _ j e A . C---- 0- AO 44 2 eo Ars 2_co TA IQ �P0 " stsa14 RIP '^ ei V' CA ,� Q 10 ., 4 b S lob tLES ;-.CT R') -2 o O 1 = ^ �w to �o- SID - Ct - T R A C T "A - sr. -3sstarlc Prz.gerva.non Center :90 Southeaet li* Termce ,,Lunt, Florida 33131 Phone::CrS 1358•957'& =a� 30> 358-1162 11902-01 May 4. 1993 nFl•'tC MI; ,.o...., Mr. Sergio Rodriguez •�L. AAMWr City o! Miami. I- YIN. ,,,,w.., Assistant city Manager Director of Planning, P. O. Box 330708 Lolkmr Miami, FL 33233-e0708 WM1hIY Dear Sergio: ruUFMI• %lice At1 W P•.lRrt! W ww, Pmom loin hart �•.► P mww kw v N1. clwavo Mti ZAMA ,1JwfllrWWF 11,1'1 16.10" r �nrr hy0 ,:,:,,. ".crl!a• . n.•47{111d1 �n •,r...L�w . /,. rt 1,1,• sm r t.•;y..• Building & Zoning Floase be advised that Dade Heritage Trust, Inc., has filed an appeal of the Zoning Board's April 19 decision regarding the demolition of the Priscilla and Algonquin Apartments, also referred to as the "Nov Chinatown Project", on Biscayne Boulevard. Enclosed is the letter of request for appeal for your information. Please make copies available of all records pertinent to this issua and appeal as soon as possible, but no later than Tuesday, May 11, 1993. Due to a prior scheduling of Dade on the evening of May 27, 1993, we the commission Agenda of the first ,.J 1.c�Kc .+crwould also appreciate the hearing .,• .�In,YJ,.n� .1 ,,.; ,fr. ••L•:JH .� Thank yo4 for your JL1 r. 1' NO. ti.Yl M••'f, 1 :µion / , M11l:t. U so Ya rLrough Execut-ive Director t11,4/1i1f I..Li Enclosure '•x+ �•u+a •wll, Heritage Trust's Annual Meeting would appreciate being placed on meeting following that date. We be scheduled after 5 PH. assistance: in this very important matter. .. f anla..1 1M w.ti cc: Mr. Joseph W. McManus, Deputy Director Mr. Santiago Jorge -Ventura, Building official .a:rrb" Ms. Sarah Eaton, Uixtoric Pre4ervatfon Planner r rN kit/ *►Lo G. swou.11 B : APPEALPA . 5 9 3 '— K tllnll.r 93- 393 Ho%tod : Presentation Center 190 Sotazhea.st 12'A Terrsce Miwni, Eon& 33131 Fl.;,ne- 305 ,` 353-9572 F, .3051;SS•1Af4ril 29, 1993 !YY:•Y3 OFFICERS Ms. Teresit\a Fernandez Chairman, City of. Miami Hearing Boards 275 NW 2nd Street •1..r/„„.., Miami, FL 33128 rrr640111 Dear Ms. Fernandez: Swrwt 0, 119" ti,, O,r, On April ig the City of Miami Zoning Board stet to review the Zoning \ r'•' '' Administrator's decision to revoke demol."Ltion permits for the "New Chinatown" project on Biscayne Boulevard. N IC•c+ry N' h+t1111Mn The permit was issued in error by the City of Miami, and resulted c4(,rM c.os.. in the demolition of the Algonquin Apartments and virtual gutting of the Priscilla Apartments, both listed on the National Register rIM..nt r,u,a of Historic Places. The permit should not have been issued since the developer had failed to pay Dade County impact fees and the '!`..(IwN'1[•Ilw./.. Zoning hdministratoz, upon learning that information, revoked the demolition permit. V VI•M i•1.�'4 .C4.f lir j,w. The destruction of these two National Register buildings re: ulted ••ilk `-�K from these actions and the Board of Triste.es of made Heritage Trust feels strongly that the City must uphold the decision of the Zcning Administrator and that the developer had proper time, knowledge and professional advice to be fully cognizant of all =ees required ,I.• �1 wlrr,uiJ�n rA icr to pulling a demolition permit. 1 -levy Uri behalf of Dade Heritage Tiust, I would like to appeal the Zoning Board's decision and request a hearing before the Ctv Co-mmission. Enclosed is a check for $400 to cover the fee for filinq t-.te ,,.. ,..I.� appeal. •.."Pit a4C \ �rf.Nr . IAaror .:rt t Sla•�rll S incef elv, kew `--rLOU ise P Y#b:v'ough b,rw.aas.:-;►.4•aN Faecutii�e D'Irictor % rt prl:/•.l.»,r....i E3'ICio:st2src� B : API.CHNTN .4 9 3 Alwk t(„r inl:MtalN El M Mr. George Bazket offered the following Resolution and moved its adoption, RESOLUTION ZB 47-93 AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD GRANTED THE APPEAL REVERSING THE MARCH 22, 1993 DECISION OF THE ZONING ADMINISTRATOR, ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI ARTICLE 18, SECTION 1800, REVOKING THE BUILDING PERMITS NO, 92-00067571 NO. 92- 0006758, NO. 92-0006777, NO. 92-0020432, AND NO. 93-5004911, RESULTING FROM THE FAILURE OF APPLICANT TO MEET THE CONDITIONS ESTABLISHED ON THE RECORDED COVENANTS DATED APRIL 20, 1992 AS RECORDED UNDER CLERK'S FOLIO NO. 92 R147152 PUBLIC RECORDS OF DADE COUNTY AND DECEMBER 14, 1992 AS RECORDED IN SOAK 15761 AT PAGE 2913 PUBLIC RECORDS OF DADE COUNTY FOR THE PROPERTY LOCATED AT 1825 N. BISCAYNE BOULEVARD AND 320 NE 19 STREET. Upon being seconded by Mr. Ronald Fox the motion was passed and adopted by the following votes: AYES: Ms. Basila Milian, Sands, Gener Alonso-Poch, Fox and Barket NAYES: Mr. Moran-Ribeaux. ABSENT: Ms. Morales and Mr. Luaces. Ms. Fernandez: Motion carries 7 to 1. April 19, 1993 Item No.3 93- 393 A Af, 0 ti A"_ C P chl Ca�t��a�n tor, , Mar. 22. 1993 %Is. Teresita L. Fernandez Chief. Hearing Boards Ci'=. of Miami. 275 `:. W . 2nd S t . . Miami. F1. 33233. Dear Its. Fernandez. Re: Chinatown t1825 N. Biscayne Blvd. and/or 320 NE 19th Street ----------------------------------------------- This is to inform you that we will appeal to the decision made by Juan Gonzalez pursuant to the revised Inter -Office Memo dated March 18. 1993 as per attached. Enclosed is also a cheque amounting to S400 for the payment of the appealing fee. /ac /EncI Sincerely. .r I aac The applicant and the owner of Chinatown Li Rom.` ",-.j Dare ffewOMWAW CM& 93-- 393 0 Ctu 5ERGIQ RODRIGUEZ, AICP Dfroctol Marcn 22, ��?3 CERTIFIED MAIL/RETURN RECEIPT REQUESTED (R E V IS E D) Mr. Jonn 0. Gonzalez Building Contractors, Inc:. 8440 Bryon Avenue I Miami Beacn, FL 33141 RE: PERMIT $92-0006757, #92-0006777, 092-0006758, #92-0020432 AND t93-5004911 FOR 1823-1825 NORTH BISCAYNE BOULEVARD s AND/OR 330 NB 19 STREET/CHINATOKN Dear Mr. Gonzalez: CESAP H cc-)'O For your information, I am enclosing a memorandum '**dated "Rarch 18, 1993 from Juan Gonzalez, Acting Zoning Administratorb regaiiding the above referenced property. Mr. Gonzalez is requestNg revocation of the above referenced permits because you, as permig holder, are in violation of the provisions set forth in City of Miami Resolution No. 92-268 adopted on April 30, 1992 and the Covenants dated April 20, 1992 as recorded under Clerk's Folio No. 92R147152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761, page 2913 of the Public Records of Dade County, Florida, as a result of your failure to pay the Metro -Dade County Impact 7- -on or before February 26, 1993, as required by the aforemention documents. Also, by copy of this letter I am notifying Mr. Isaac Shih, owner of this property that Section 304.2(d) of the South Florida Building Code states the following: "notwithstanding other provisions of this code, compliance with the code shall be the responsibility of the owner". Therefore, as Building Official, I am hereby notifying you :n accordance with Sections 304.2 and 304.4 of the South Florida Building Code of the following: 1. Revocation of all of the above referenced permits; all work and inspect ions crust cam, including all demolition work. 2. Said permits will not be re -issued since the Variance granted by Resolution 4o. 92-268, upon which said parmits were conditioned has expired. _..... �.,�w,.. an YMN INC, OFPARTMINT 9 3 - 303 93 'ir a 'Orin ion,, lay, 'Iarcn %?, 19a3 0 A copy of tnis letter is being sent to all parties involved. if you need any further information, please contact Tomas Menendez :h ief of Inspection Services, 579-6800, Ext. 703. Very truly yours, Santiago Jorge -Ventura, A.I.A. Deputy Director and Chief Building Official SJ V/d Is w �' Enclosure cc: Sergio Rodriguez, Director N Planning, Building and Zoning Department Miriam Maer, Law Department "3 - Irma Abella, Law Department - Julie Bru, Law Department - Joseph McManus, Deputy Director Uuan Gonzalez, Acting Zoning Administrator Tomas Menendez, Chief/Inspection Services 4ector Lima, Chief/Code Enforcement Raul Pielago, Chief/Structural Section Sarah Eaton, Historic Preservation Officer Mr. Isaac Shih, President Miami Chinese Community Center, Ltd. 331 NE 18 Street -_ Miami, FL 33132 Alpha Contractor Group, Inc. 141 Aragon Avenue Miami, FL 33134 C ie - 10 93- 393 �r L] Ak-A,I F,_rlR(r)A 11 Santiago Jorge -Ventura 1A March 22, 1993 (Revi-�md) Building Official/deputy Director Planning, Building and Zoning .uSjECT Chinatown Department 1825 N. Biscayne Boulevard and/or 320 NC 19th Street aGM / °EFEPENCES uan anzalez, Acting Zoning Admi strator Supersedes memo dated Planning, Building and Zoning DepartmentENCLaSUR£S March 18, 1993, same subject RECOMiENDATION: Please be advised that the applicant for this project failed to —satisfy the conditions of a grant of variance (Articles 19 and 21 of Oro nani5 11000, as amended, the Zoning Ordinance of the City of Miami) by the C ty Omission and therefore I recommend that you revoke all outstanding permits for #tits project (#92-0006757, 092-0006777, #92-0006758, #92-0020432 and #93-500 11) .aQ further, that the applicant, Mr. Isaac Shih, be instructed to secure the omainiq building and specifically to preserve the north tower of the Priscilla 00artments, 320 NE 19th Street. -o N . FINDINGS: co My recommendation is based on Resolution 3-115-90, adopted on December 3, 1990; and City Commission Resolutions, 91-92, adopted January 24, 1991; 91-779, adopted October 24, 1991; and 92-268, adopted April 30, 1992; and City Commission Ordinances 10995, adopted September 10, 1992; and 11024, adopted November 12, 1992, here attached. Further, my recommendation is based on the recorded covenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 of the Public Records of Dade County, Florida and December 14, 1992, as recorded in Book 15761 at Page 2913 of the Public Records of Dade County, Florida. These resolutions, ordinances and covenants establish certain conditions and time limitations upon which the grant of variance for this project is based. Articles 19 and 21 of Zoning Ordinance 11000 pertain to variances, the conditions which may be attached thereto, and enforcement of conditions. These resolutions, ordinances and covenants collectively, required the applicant to pay all required fees and obtain all required permits on or before February 26, 1993, and provided that all plans and permits would be held in escrow until such time that all conditions of said resolutions and covenants have been met. Consequently, the applicant could not commence demolition of the historic Algonquin and Priscilla Apartments and/or commence new construction of the condominium/retail complex until such time that said conditions were met. Page 1 of 2 93- 393 As of February 26, 1993, certain required conditicns had not been met by not a. . Therfore, applicant icant, specifically, the bade County Impactande ails permitsldissuedeshould rbe variance granted for this project has expired revoked, specifically: in Permit #92-0020432, Decerd mber 11, Bou2evao,new construction of the I. Budd 9 condominium/retail complex at 1825 Biscayne for revisions to previously 2. Building Permit #93-5004911, March 9, 1993, permitted plans. for 1625 issued April 20, 1992, 3. Partial demolition permit �t92-0006157, issued April 20, Biscayne Boulevard; partial demolitionampt #92-000it 6 77, issued April 20, 1992 fo92for 1825 Biscayne e� BoulevarStreet; the applicant be instructed to secure remainder of It is recoamended thatand that the north Priscilla at 320 NE 19th Street, preservation attention. applicant desires to again undertake this project, it w�l Hoyt: 6e necessary I f the app � for him to: or a�Certificate 1. APP1Y to the Historic and Environmental g tortheiAlgongw of Apartments, 1825 of Appropriateness for activity pertaining 19t 320 NE h �eet. . Biscayne Boulevard and Priscilla Apartments, Building and Zoning 2, Apply to the Hearing Boards Office of the Planning, Depart ment for variances in the event zoning relief is needed under Zoning Ordinance 11000. is decision is final unless Per Article 18, Zoning Ordinance 11000, as amended, thda s of the date of this appealed to the Zoning Board within fifteen (15) Y decision. cc: Sergio godrigue2 Assistant City ae,nager Joseph W. McManus Deputy Director Irma Abel1a Assistant City Attorney Central File page 2 of 2 93- 393 Sartiagd ,Jorge -Ventura 3uild,ng Official/Deputy Dirsctcr Olanning, Building and Zoning /7Department- ;A-= March 18, 10193 arc- Chinatown 1825 N. Biscayne Boulevard and/or 320 NE 19th Street �gccgE�CES 6iJuart nzalet, Act g' ning Administratg c�csuAEs Planning, Buildi Zoning Department' RECOWENDATION: please be advised that the applicant for this project failed to satisfy the conditions of a grant of variance (Articles 19 and 21 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami) by the City Commission and therefore I recommend that you revoke all outstanding permits for this project (492-0006757, $92-0006777, 092-0006758, #92-0020432 and #93-5004911) and further, that the applicant, Mr. Isaac Shih, be instructed to secure the remaining building and specifically to preserve the north tower of the Priscilla Apartments, 320 NE 19th Street. FINDINGS: My recommendation is based on Resolution Z9-115-90, adopted on December 3, 1?91; and City Commission Resolutions, 91-92, adopted January 24, 1991; 91-779, adoote. :_tower 24, 1991; and 92-268, adopted April 30, 1992; and City--ommmiss1,j^ :•dinances 1-0995, adopted September 10, 1992; and 1:024, adcoted Novemoer - here attacnea. Further, my recommendation is based on the re_-r — :ovenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 :ne Public Records of Dade County, Florida and December 14, 1992, as recorded Book 15761 at Page 2913 of the Public Records of Dade County, Florida. -^ese resolutions, ordinances and covenants establish certain conditions and ^e imitations upon whicn the grant of variance for this project is oased. rt•: e15 1 and 21 of Zoning Ordinance 11000 pertain to variances, the conditions e4n,,c^ -a. :e a:tacned thereto, and enforcement of conditions. `here resolutions, ordinances and :ovenants collectively, required the oav all required fees and obtain all required permits on or before February 3- 1?33, and provided that all plans and permits would be held in escrow until t-me that all conditions of said resolutions and covenants have been met. :onsequently, the applicant could not commence demolition of the histor•: 41gonquin and Priscilla Apartments and/or commence new construction of the condominium/retail complex until such time that said conditions were met. 93- 3 ; 3 pace 1 of 2 El 's abruary 25, 1993, cer",ain reouired conditions had not been met by the applicant, specifically, the Dade County Impact Fee was not paid. Therefore, - .ariance granted for this project has expired and all permits issued should oe revoked, specifically: :. Building Permit 092-0020432, December 17, 1992, for new construction of the condominium/retail complex at 1825 Biscayne Boulevard, 2. Building Permit #93-5004911, March 9, 1993, for revisions to oreviously permitted plans. 3. Partial demolition permit #92-0006757, issued April 20, 1992, for 1325 Biscayne Boulevard; partial demolition permit #92-0006758, issued April 20, 1992 for 330 N.E. 19th Street; and Permit 092-0006777, issued April 20, 1992 for 1825 Biscayne Boulevard. It is recommended that the applicant be instructed to secure the remainder of the Priscilla at 320 NE 19th Street, and that the north tower receive specific preservation attention. If the applicant desires to again undertake this project, it will now be necessary for him to: 1. Apply to the Historic and Environmental Preservation Board for a Certificate of Approoriateness for activity pertaining to the Algonquin Apartments, 13_5 Biscayne Boulevard and Priscilla Apartments, 320 NE 19th Street. jooly to the Hearing Boards Office of the Planning, Building and 2ori Deoartment for variances in the event zoning relief is needed uneer :roAinance 11000. Lss,stant City Manager .:seon 4. McManus :touty Director :rma Abella Assistant City Attorney ventral File 1 ®. ti 93- 393 Dq�� 2 of 6 1-7 f a n-t :ca,r,i0 RODRIC; _EZ. �ICP J ""Of HAND DELIVERED 'ar. :orin 0. :,onzalez 3u it � 1..g ,:oneractors, Inc. 3a.+0 Bryon Avenue I `liami 3eacn, FL 331u1 IRE: PERMIT #92-0006757, P92-0o06777, 02-0006758, 092-0020432 AND #93-5004911 FOR 1823-1825 NORTH BISCAYNE BOULEVARD AND/OR 330 NE 19 STREET/CHINATOWN Dear Mr. 3onzalez: CESAR M ODIO C^ MAnag�r For your information, I am enclosing a memorandum dated March 18, 1993 from Juan Gonzalez, Acting Zoning Administrator, regarding the above referenced property. Mr. Gonzalez is requesting revocation of .ne above referenced permits because you, as permit holder, are in violation of the provisions set forth in City of Miami Resolution No. 92-268 adopted on April 30, 1992 and the Covenants dated April 23, 1992 as recorded under Clerk's Folio No. 92R147152 of the Pub l it 'ecords of Dade County, Florida and December 14, 1992, as recorded i. 300K :55751, page 2913 of the Public Records of Dade County, Florida, as a result of your failure to pay the Metro -Dade County Impact Fee on or before February 26, 1993, as required by the aforemention aocuments. ;lso, by copy of phis letter I am notifying Mr. Isaac Shih, owner of tois property tnat Section 304.2(d) of the South Florida Bui14in3 ,ode states the following: "notwithstanding other provisions of this code, compliance with the code shall be the responsibility of the owner*. nerefore, as Building Official, I am hereby notifying you in accordance with Sections 304.2 and 304.4 of the South Florida Building Code of the following: 1. Revocation of all of the above referenced permits; all work and inspections must cease, including all demolition work. 2. Said permits will not be re -issued since the Variance granted by Resolution No. 92-2689 upon which said permits were conditioned has expired. A copy of this letter is being sent to all parties involved 3 — 39 3 PI ANNING, BUILDING AND ZONING DEPARTMENT 11 Mr. Donn G. Ij 'onzalez �larcn i�, 1993 P A GE z 17 If you need any further information, please contact Tomas Menendez, _hief of :nspeccion Services, 579-6800, Ext. 703. Very truly yours, Santiago Jorge -Ventura, A.I.A. Deputy Director and Chief Building Official SJV/d js Enclosure CC. Sergio Rodriguez, Director Planning, Building and Zoning Department Miriam Maer, Law Department Irma AOella, Law Department Julie Bru, Law Department Joseph McManus, Deputy Director Juan Gonzalez, Acting Zoning Administrator Tomas Menendez, Chief/Inspection Services Hector Lima, Chief/Code Enforcement Raul Pielago, Chief/Structural Section Sarah Eaton, Historic Preservation Officer Mr. Isaac Shih, President Miami Chinese Community Center, Ltd. 331 Ng 18 Street Miami, FL 33132 Alpha Contractor Group, Inc. 141 Aragon Avenue Miami, FL 33134 I & 93- 393 ^,r a,ginyti 61-0010A ir#TEn-OFFICE MEMORANDut Se rg i o Ro dr igu ez , Di rector Planning, 3uilding and Zoning Deparc;aent :acu Sant iago orge•Ventura, A . Z. A. Deputy Director and Ohief 3uilding Official ,ATE `larcn 18, 1993 SUBJECT 1823-25 N. BISCAYNE BOULEVARD AND/OR 330 NE 19 STREET PROPOSED PROJECT aEFEPEMCE3 CHINATOWN ENCLOSURES 9:1E cal to - Per your request, attached is a ��ntionediP�'oposedrprojectthe atp1823- date status regarding the above 1825 North Biscayne Boulevard (CHINATOWN). SJV/des Attachment cc: Joseph McManus Juan Gonzalez ALL SECTION CHIEFS Central file 93- 393 Lb 6l 0 DATE ; March 17, l9 93 RE ; 1823-1825 NORTH BISCAYNE BOULEVARD AND/()R 330 HE 19 STREET - Ci INATOWN Below is a chr status regarding this proposed onological report of the project: Isaac Sh th, obtained variance 1° OCTOBER 10-Dad9R OMr. County Department, for renovation of the above from Metr mentioned property. Metro Dade County Clean Air Section of D.E.R.H- 2. MARCR 3, 1992 asbestos, as approved the required Motif ication regarding regulations having been submitted in compliance with applicable for 1825 North Biscayne Boulevard. he 3 e ral APRIL 15 1992 the required letter e�shold tlnspectorsuwas Engineers who will be at the site as Thr - submitted. - was — u. APRIL 20, 1992 - partial D® �oul�vsrd. All ofit t Oe 6r required issued for 1825 North Biscsyn were paid. The plans, fees for foundation permits only, the office of 70mas cardIn permits and permit /Ins ect on wServiceseret Division, as escrow wn icn Me nendex , Ch i 11 parties. was agreed by 5. APRIL 20, 1992 - Building Permit #92;r 1825 for n Biscayne only" -new construction was issued for 1825 North Biscayne — Boulevard. 6, APRIL 20, 1992 partial Demoltion Permit #92-0006758 was = issued for 330 NE 19 Street. _ 1992 - the partial Demolition Permits (#days006757 7` and© #g2-0006758) were extended for an additional 8. DECE lB6R 15, 1992 - a meeting was held withIsaac S%tolclari°y Shih, Hector 1992imapreviouslyHiram and IssueMetro-Dade County variance #9 D.E.R.M. Department. ga. Our record3 show that on August 7, 1992, the plans were department for review and on December submitted to thisP 19929 the review was completed. of $88,1414-31 t A 17 1992 - Mr. Shih paid a tot roils, certificates, b. OtC�NBE ° he failed to = cover all of the required City of Miami however, including the City of Miami Impact Feei On December 17, pay the required Metro -Dade County Impact Dade Water and Sewe4 19921 approval was obtained f rom Authority Department. y 3 _ 3 ' 3 ?A3Z 2 c, DECEMBRR 17, 1992 - Building Permit #92-0020432 was Issued for new construction/condominium and retail for 1825 V. Biscayne Boulevard. 10. Our records indicated that on January 13, 1993, the pans were submitted for revision and were reviewed and completer by l plans examiners on March 5, 1993• Also since January 131'ch Sere March 5, i993, Mr. Shin re -submitted any drawings were rejected by any trades until MaVictor Martinez, Building5, 1993 when the psPlans finalized. On March 59 1993, Examiner, inadvertently approved the plans without checking C Ih whether the Metro-Dade lansy tomF Tomas Menendezh , as escrow as failed to deliver P agreed on April 20, 1992. 11. MARCH 99 1993 - Building Permit #93-5004911 was issued for "revision". 12. MARCH 9, 1993 - a final Building Permit was issued to the contractor for new construction/condominium and retail. 13. MARCH 15, 1993 - it was brought to our attention that the Metro - Dade County Impact Fee was not paid; as a result the owner was requested to pay the fee. The job has been stopped ed until t^ s matter is clarified. the owner submitted a copy of the receipt for 1�. MARCH 16, 1993 - This was payment of the impact fee dated March 15, 1993. tadas verified with Metro -Dade County. Also, before noon, (3/16/93), I personally inspected the airs and determined t^at for life safety precautions, einc le®entdebris oweatheruld be removed 3s soon as possible oncoming Also, on March 16, 1993, a meeting was held at the .aw Department tIrmaiAbella,tSergio rodrigueze Jcsephhis matter; cMcipants were: Miriam Maer, Gonzalez and myself. 93- 3: 3 1tJTF:q-0rF1CF- MEMORANDUM Santiago Jorge -Ventura, Deputy Director and Chief Building Official cnTE December 15, 1992 `'_E sua,ECT PROPOSED CHINATOWN 1825 BISCAYNE BOULEVARD A. I.A. REFERENCES ENCLOSURES On December 15, 1992, I scheduled a meeting with Isaac Sznol, (owner and agent for the proposed project), Hector Lima, Hiram Perez and myself to clarify the existing � � ngriance #90-OTh®p following issued the Metro Dade County D.Department. results: It was interpreted btMr. ew additionat the variance covered the indicating the proposed bank• existing building and the The variance is subject to two (2) conditions. 1. All electrical equipment that is permanently attached to the structure, switches, outlets, receptacles, heating tanks, generators and air conditioning units must be at or above the required flood level. 2. By accepting this variance, you will hold Dade County harmless of any liabilities and damages in case of flooding caused by severe storm or hurricane. If you have any additional questions, please contact Hector Lima at 579-6842. SJ` /djs Attachment: Variance #90-09A cc: Sergio Rodriguez Joseph McManus Tomas Menendez ALL SECTION CHIEFS Maria Merritt Central file Mr. Isaac Shih, President Miami Chinese Community Center, I-;TD. 331 NE 18 Street Miami, FL 33132 93- 3013 TP-A c Shilh, President Miami Chine Community Center, LTD, 331 N.F. 18th Street -Miami, Florida 33132 Re- variance Number 90-09A Is' 6ear Mr. Shih: Your Application for a variance to the requirements of Chapter 11C-5(A), metropolitan Dade County Code, for the renovation of two existing. buildings into one located at N.Lr. 18th Street ar.-? Biscayne Boulevard, in Section 31, Township 53 South, Prange C: Bast, rude County, Florida, 11as been reviewed by our staff. This property is located in a blood Zone AX with a required Base Flood Elevation of +10.0 ft. N.G.V.D. The County Flood Criteria is -45,0 ft. N.G.V.D. and the Land Elevation varies from +5.60 to +6.44 Ft. City of Miami Datum or +S.34 to +6.18 ft. N.G.V.D. The finished floor of the existing buildings are +6.27 ft. and +6.66 ft. City of Miami Datum or +6.01 ft. and +6.42 ft. N.G.V.D. You' are requesting to allow the proposed finished floor elevation of,. the proposed renovation to be at elevation +7.20 ft. instead of, the required +10.0 ft. N.G.V.D. Acc Pro, o our lett�r.r o ordiI'or_ at tha . e�x o . . r r11/ , t ow6 r ro - "..� J�Wldi .. p scrvaLion was requested in order to maintain A ' :he. ctructurc that represents a development styleofion importance. This tower could not be saved if the Flood Criteria Were enforced. Raising the floor in the tower area would reduce utlliration of the space and would require modification to the existing building foundations. It and other persons access to the shopsounlesssrampsyandastecspaee Installed. P You are also planning portion to construct a bank in the southerly of the building. The bank will have outside access frc, bot.h Biscayne Boulevard and frost N. , provide adequate handicap ramps and acceas18that§these. twotreethlocnees atio-; generates a need for the variance. a 1:12 slope makes the interior designeofothe rfacilityuctionfextmemell:, difficult if the full enforcement of the flood Criteria ;s required. --------------------------.......o..--- .....K...................... -- ....................- 93- 3�3 3 21 1909_0�__ 0-.r review of this application indicator, that this property located in a flood zone thatis not subject to wand and gave action. Due to a limited space in the building, you made an effort to raise the existing slab to +7.20 ft. To force you -- raise the floor to the required flood elevation would ;e ,,. unnecessary hardship. ':herefcre, for all the above, I hereb rant is variance allow the finished floor of the pt�opa' tin at elevation +7.20 ft. instead of the required +10.0 "ft. N.G,V,D. suUje,�t the following conditions: 1. All electrical equipment that is permanently attached to the structure, switches, outlets, receptacles, heating tanks, generators and air conditioning units must be at or above the required flood level. 2. By accepting this variance, you will hold Dade County harmless of any liabilities and damages in case of flooding caused by severe storm or hurricane. You are hereby admonished that the granting of a variance will not relieve the owner from the added cost of flood insurance premium for building below the regulatory flood level. Tf you have any additional questions please do not hesitA--� - ccntac; Mr, Isaac Sznol of this office. . �S:tc Tc: 001770 Alberto Urrec aga, Dade county B b Z Dept. Santiago ven ura, City of Miami B Z Dept. 4W Santiago .7orgo-Ventura .eputy Director and Chief 9ui.lding Official Hec or Lima, Chief. Bldg. Code Enforcement Sec':- for `•AIAAA.I, rLOMDA January 12, 1993 DATE F,__ Variance 090-09A SuIWECT 1825 Biscayne Blvd. AEREfAENCES E14CLOSURES In order to clarify the requirements within the above mentioned variance, it is necessary to mention the following: A) The finish floor elevation has been allowed to be at 7'2"ft instead of the required N.-.V.D. 10'Oft. B) All electrical equipments that is permanently attached to the structure, switches, outlets, receptaclOsl heating tanks generators and air conditioning units must be at or above the required flood level. This means, that all of the above mentioned must be elevated to 10'Oft if located where the finish floor is at 712"ft N.G.V.D. cc: All Section Chiefs Tomas Menendez Mr. Issac Shih, President Miami Chinese Community Center, LTD. 331 NE 18 Street Miami, F1 33132 93- 3L3 23 0 March 1" ► 1993 Miami ChineKAIL se Comm Center LTD CERTIFIED fj" Miami w Flaina St Step 401 RETV N "E�CEIpT RBQiJESTE® Miami, FL 33130 REs 320 NE 19 St TR A Chinatown PS 140-48 Gentlemen: Section 202.2 of the South Florida ®t:l ine whetherCode t'or criterion bg which a building is evaluated to d unsafe, constitutes a fire hazard, or is otherwise dangerous to human life or public welfare. recent inspection and evaluation of oned and -svandalized; wood (roof rame A ®n, abandoned structure reveals ha floors. There are holed in the roof and structure rotten., floors. It is danger to human life and public welfare. t unlawful ;ou are therefore requested to tc ma ntain the structure the structure aga a secur©d entry within five ( 5 ) days _;edition required by the South Florida Building Code, Section '*nsafe buildings with the above requirements will necessitate 'you• failure to comply in accordance prosecution in the Metropolitan Court of Dade County with law. sl advise the Building Code Enforcement Section, of the Department plea and Inspection Services,(p.O.BOX 330108, of Building and Zoning our corrections within the above Florida or by phone at 575-6842)►ofremove the violation against t"'e period of time so that We may property. very truly yours ec �� Hector Lima, Chief Building Code Enforcement Section HL•hs cc: Alpha Contractor Group Inc. 141 Aragon AVe Miami, T1 33134 Building Code Enforcement Section ( 2 ) god Central file i Po Fn, 5i r r rt?a17 OF" .;xrn� tic^ra 33zo1•9't1� t?�R� �,� :� �' 19='2 f1F{; �� ��,3n TITS UNITY OF ':ITI,E ;t�.e e C " A r a t i n n �f ^i�.�^) ��•�� :;?,�I .,M f Gat",NSF COtTiIi;NI—Y CEMTR, LTD., -a 'oriJ'a li-+i~_''_ cartnershio _wnor") :n Favor of THE CITY 0? '11AMT, FLOR1DA,, a ."uniciaa'_itl of _:t� �f -Iori' (the "City"). T .r "M?XAS, t: e C•:mer holds fee .simple title to certain proper _y -•a _, r of .._wni, _..j�3, :s,]al_y escribed as an- co. Isizt.. f 3 3D:''23IO` a/4/a '"}ti^D AMM"'DED '!A:' Or MRa.''AA, acco:!inl to the ?lat thereof, as recorded to ^lat 3ook 5, ?age 4, of the ?ublic Records of Dade ^oust; , 71or ida ,the "?roperty"i, to which it also holds fee simple title; an4 SMER.?AS, the O,dner is presently an applicant before the City of Commiscion for certain variances from Ordinance •to. 1500, as a�er._e-, of the Zoning ^rdinance of the City of Miami for the real property legally described as: All of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less ,.he :•rest 41.00 feet thereof, and the 10.00 fact alley lying `north, of and adjacent to said Lot 5, and the 10.CO feet alley lying South of and a� jacent to said :,ot 9, 31ock 5, "MIRA`24R" (also %%own as the "7H!7M "AP OF *I AMAR") , accor?ing to the ?'_at thereof,.as recorder in ?!at 0ook 5, at Page 4, of the Public Records of Dade County, F1orita, a-;'_ commonly described as 1111-1959 Biscayne Boulevard, Zounty, Florida (the "3iscayne Boulevard ?roperty"), to which it a'.to -olls fee simple title; and WHEREAS, the Owner .!e3ires to -sake a binding commitment to assure that the Property and the 3i3cayne Boulevard ?roperty :ha.! '•e 4evelcped in accordance with the provisions of this :+ecltration � ;Ord, THEREFORE, the Owner voluntarily covenants and agrees t`.at the ?roperty add the 31scayne 3oulevard Property shall be subject to t".c following unity of title that is intended and shall Ine doe -net to be covenants running with the land, binding upon the Owner, its =.'Ic- cessors and assigns, as follows: 9 3 _ 3 11) 3 25 t i3 ?CIar -tlon7G�^�t'a'� ty dare a !.^cor]te� �.eCe:n ]S ° :ul'_y �P.M eCrt) 2. -Y -e owner s} al not se; l or convey ? roper t•, o: any portion of :he ?:operty aenarate,y `:can t:ie :iYcayne Boulevard ?roperty or any portion of the 3iscayne 3oulevar� ?roperty ,ant_: owner has met all the conditions set forth in Resolution ".o. 11- 72 of the City of .'iami as amended by Resolution 'Ios. ';1-779 an: 3. '\'ID 11011":'CA"'2C'I "hip instrument -.ay a -odtfie:', amended or released as to any portion of the ?roperty or t'c 3iscayne Boulevard ?roperty by a written in3tru-rent executed ty .he then owner of the fee simple title to the land to be effected by suc`: moui:ication, amendnent or release providing that name has `;eon, sp^rovea by the City Commission at a public hearing which public helr4ng 3!: a2l he applied for and at the expense of the Owner. Ohnull this instrument be do modified, amended or released, the Director of the 'Manning, 9uilding and Zoning Department or his succe.,sor, execute a written instrument in recordable form effectuating an; acknowledging such modiFication, amendment, or release. 4. -C74 0? COITENMTT. This voluntary covenant on the ;art o` the Owner shall :emain in .full force and effect and shall tinding upon the Owner, its successors and assigns for an initia' ?eriod of thirty•(30) years from the date this instrument is :^cor-c' in the ?ublic records of lade County, and shall be automatica:'.- exten!ed for successive_ periods of ten (10) years thereafter modifie:!, amended or released prior to the expiration thereof. 5. '_nsoection and enforcement. !t is understood _.._ agreed that any official inspector of the City nay have the : i;:;t :- any time during normal working hours, of entering and invest ig-at ir..; the use of the ?roperty and the Biscayne Boulevard ?roperty to determine whether the conditions of this Declsration of Unity are being complied with. An enforcement action may be brought by the City or ty any property owner within 375 feet of the Vroperty cc t!:e 3isca•;ne Boulevard Property and shall be by action at law or in - . k a 1 J( �_� I =n2t any :arrr 'n.Qr",r.)!1 ':Lr1I -Iq �r Itto.Ot.l.'',� ^Ove�nalts of this Declira, ton _fit •_'ni'-'f' PirP.nt--li. �:^_?"_:_ ,_ Qr to recover lam ages. -hi prevai ing part; in the action or _- shall be entitled to recover costs and reasonable attor7^- -s ces. ,is enforcement provision Shall be in addition to any otheis 3v:t__a51e under tie law. ^everability. invalivation of any one of `. esP covenants by judgment of Court shall not effect any of the ct`.e_ orovisions of this Declaration of unity, which shall remain in force and effect, provided, however, that such iavalidatior may ne grounds for the City to amend the zoning and/or land -use regulaticns applicable to t'^e Property and/or the 3iscayne 3oulevard ?.opertv. 7. ?ecor:lin . This Declaration of Unity 3hal: be filed o° record among the Public Records of Dade County, Florida, at the cost of the Owner. IN WITNES1S tr UREOF, the undersigned have set their `:ands an.'. seals t. .ay of Q Cfe�./ 1992. Oil / MIAMI C131MME CD�OWNITY CENTER, LTD., y �• a Florida limited partnership 3y : MIAMI CH i1T0'W4 DFV'y'L0'?MS''. CORP . a Florid cotparatian Print �ta�e:l.�'? L. `�R�v�� 3y: I SAAC S I9 ,? r czl e n t Pow address: 331 `: r. 1-9th .1t_ _et ia:ni, :':. 9 r i n t Name: $�' ... ace.on W CW r.. .! ncc•cs Of 0.a rau.m c.•�� ST1":" OF FLORIDA ) WOO -1010f` r.1e,r 01 'Ziccult t .3U!"7Y OF DADE ) ' 9L*70RE :L^^, the undersigned authority, personally appeare_' ISAAC SRIB, as ?resident of ,4IRMI C:iINATMM OVS-LOPKINT CORP., a Florida corporation, as general partner of MIAMI CHINESE CO!OMYITY C_`r--SR, LTD., a Florida Limited Partnership, on behalf of the corporaticn an-' on behalf of the limited partnership who is personally known to :-e ald did take an oath. III WI':H=S WIiD�j� F, I have h nt ub r' ad my name an4 af!ixed my seal this / b day of Oe ` �2 My Commission Sxpiress .rotary Public, State o. P or i .a Print tames aw-1 C.. l38PWW -- TW ir*trv-- 9 3- 3: • o 3 GUY i . 27 e 1 o R C q tl /A 8EQ2Qw a�:u t . �, •. � , ,.ir •�. *"a"Noramr � lei <<(1�J(.. D^CLARATIOtf or 9-F,5l'RIC T 1tir. COVE%WITS THIS DECLAP.ATION OF PF5TRICT11VF COVO11A,14TS (tie tion"1 ia2o h7 MIA11I CHINESR CO1tKJt1ITY CENTER, LTD., a ^;ori'3 limited partners' io (t~e "Owner") in favor of T11E CITY OF M1my, FLORIDA, a -unicipality of the State of rloriCa (the "City"). ' a 1 T y E 9 9 E T". WHERr,AS, the owner holds fee simple title to certain prop ecty in the City of 'liami, Florida, legally described as and consisting of: Lots 2, 6, 7, 10, 11 and 12, Block 6, of HIRAMAP, SUBDIVISION a/k/a THIRD AMMED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 3, Page 4, of the Public Records of Dade County, Florida (the "Property"), to which it also holds fee simple title; and W'HERMS, the Owner is presently an applicant before the City of iliami Commission for certain variances Erom Ordinance "To. 9500, 3s amended, of the Zoning Ordinance of the City of Miami for the real property legally described as: All of Lots 3 and 13, Lots 4, 5, 8, g and 14, less the ,pest 40.00 feet thereof, and the 10.00 feet alley lying *forth of and adjacent to .aid Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "11IRAMAR" (also known as the "T11Ii'.D AMEt10L'D MAP OF MIRAMAR"1, according to the Plat thereof, as recorded in Plat Look 5, at ?age 4, of the Public Records of Dade County, Florida, and commonly described as 1301-1859 Biscayne, Boulevard, ".ismi, Dade County, Florida (the "3iscayne Boulevard Property"), tc which it also holds fee simple title; and HHERZAS, the Owner desires to make a binding commitment to assure that the Property and the Ciscayne boulevard ^roperty V. shall be developed in accordance with the provisions of this Declaration; NOW, TREREFORL, the Ownee voluntarily covenants and agrees that the Property and tht niscayne Boulevard Property shall 5c subject to the following restrictions that ace intended and shall 29 he deemed to be covenants running with the land, binding upon the n Irl 91 11 G. 410 eor • l �. yea ?IOcoby adraeod by c+t!etnc ®sae mnd inf2 PO[dltlp� `.IAf�tF1 as i£ .."ally a4E ;"c:t �lCtion. "ha owner shall, prior to the is'uance °`e appeopeists City degar"am t of a einal certificate of ovements to be constructed on the Biscayne occupancy, for the iMps construct, on the property or At an 3aulevard property► code alternative '.*cation, accoedanee with applicable city provisions and eequlaeiona, in effect at such time, automobile P(a0) put©eobtles as per ?lane on Parking foe no less than eighty ' i le with the City of Mimi oated goves►ber 10 1990. j. �19ENE•tT• The owner shall► at the time of completion of paragraph 2 set forth above► execute, deliver and ?lace of :ecacd in the Public Records of D&de County F:oc ids. easements of access, use and saintsnsnce or similar t1Ve agreements, which easements of agceesents shall 'set the approval of the City mttoeneY of the City Of 4iasti, and shall provide• inter alias that the eighty (go) panting spaces shall be made available to provide autosobile parking exclusively for the Biscayne 3oulavard :rapezty. _`e t . Ll1N�l�Cl1Pt ?I.a►ri. The landscape plan • for 3iscayne Boulevard Property shall be subject to the approval of :r.e C. i .y s Planning, suild`ing and Zoning Department. S. (:Tlvz-- T2•. Upon City approval of the Owner's pending application for variances► and alter said Approval has s tocome final and non appealable► this instcusent shallConstitute the a covenant cunning with the title to the PCO"Cty Biscayne eculevard property and be bindin4 upon the Owner► its successors and assigns. These cestciotions shall be for the 5enefit of and limitation upon all present and future owners Of the the Property and the Biscayne Boulevard Ptopecty, and public wellato. 6. iTT Ot t'i'!�• g'ae Owner shall not $ell Of convey the lcoperty oc any Do ation Of the PropectY sspctatelY frost the ,iseayne sou vacd. ?VQ"etY oa any poctift at the 93- 393 n 0 's Ol.IlpVA17 7r..7" rt in i l '"'ner ^+,AC n.pti '•'�t a condi tions set EOrth in p.esolution No. 91-92 of the City of as amended ty Resolution *tas. 9J-779 and 92-263 of t!.e -y c` am I. 7. �,tfi'1DtAE2T'1" A40 '10DI@ICATI0% "his instrument ^ay be modified, amended or released as to any portion of the Prop- erty or the Biscayne Boulevard Property by a written instrument executed by the then owner of the fee simple title to the ?and to be effected by such modification, amendment or release providing twat same has been approved by the City Commission at a public I which public hearing shall be applied Eor and at the expense of the owner. Should this instrument be so modified, amended or released, the Director of the Planning, puilding and Zoning Department or his successor, shall execute a written - instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 8. "ZRK OF CoyENANT. This voluntary covenant on the pact of the Cwnec shall remain in full force and effect and shall be binding upon the owner, its successors and assigns !or an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade County, and shall to automatically extended for successive periods of ten (10) yesrz thereafter unless modified, amended or released prior to the expiration thereof. 9. Inspection and rnforcement. It is understood and agreed that any official inspector of the City may have the right - at any time during normal working hours, of entering and investigating the use of the Property and the aiscayne I3ou:evard Property to determine whether the conditions of this Declaration are being complied with. An enlocces<ant action may be brought by the City or by any property Donor within 375 feet of tho Property or the Biscayne Boulevard property and shall be by action at law or in equity against any party or person violating or attempting �� to violate anv covenants of this Declaration, either to ecstr3in- n rrnh�nt nron1-0 an'1 Otin, FC ,empolCS !'J_3'71? ,IRt�PT tin 1aSd, 10. ;ever3bility_. :nvalidation of any one of csa covenants t;y judg­t of Court shall not effect any of the ct'-.nr ec?aration, which shall remain in Cull ° o r c e arovisions of thi and effect, provi..ed, however, that such invalidation may te grounds for the City to amend the zoning and/or land -use regula- tions applicable to the Property and/or the Biscayne ?-o?erty. `,• pecoq• This Declaration shall `ve filed o: record among the Public Records of Dade County, Florida, at ttc cost of the Owner. undersigned have set their hands and IN WITNESS y MERZoF , the p li92• seals th s / �� daY of u�� �/ Mimi CUIMMZ COW4UNITY E"TrU F12T'i S t G LTD., a Florida limited p - ship By: MIAMI INATOWN DMLOPME`tT 6••'+ Aao°'�'� COR, a lot ida corporation E �.kO g.-r 'n -� 3y: ISAA 3 in, esi ent 33i NF !RTL �tr•tt 3'TATr. Or FLORIDA ) Fi" SS: ZoUNTY OF DADS ) authority, personally appeared 3EFORE HE, the undersigned OWH DEVELOOf MIAHI PMENT CCRZNCS^ ISAAC 58I8, as president MIAMI�gsnerl A Florida corporation, pelt Floc ida Limited Partnership. on behalf CO,UCHITy C8`. ZR, LTD., a on re ip behalf of the limited pactne_�h_ ro of the corporation and iz personally known to me , and did/�--"Ot take an oath. identification hart ibex! am snc: LN :11T`t:SS 14!iEREQFi 1 h un I haws �99 day of affixed my seal this '!y Commission :xpirez: So ary ^ub ic, State o OWA V $ay+• % *r Tyk GAO ubr 188577/R/1 i flews" 12368 '� AA7go. Ka° .o..o•• CI DAM cOw ' Ii1 �Ko,e .,w C""� �• •� cowu Tay ���uu -t'', �_._•Q� L 9 3 31 6ED10" A':', • ,` 4 I m7l c.•� .,ud 92.796 •1/ 12/92 1 1 0 2 4 ORDINANCE NQ• A. AN EKZRGENCY ORDINANCE AE Op'GORDINANCsCN Z. RELIEF) �taTNG SECTION 1.992 ► QX 1099S, ADOpTEQ � T'IONAI. NINETY (94) DAYEXTENDING, FOR AN FOR A.LL PERIOD, THR E�'FECTI EXCEPT ONS ► SPECIAL. VARTANCts LAND SPTCIAL OTEtR �D"SE AppROVALS ► A� PERIItITS ► or Mux, THE LIXE, GROANTSD ZONING ORDI ANCSS AND PURSVXNT TO I TiiE CITY C®Da► WHEN SPECIFIC CMAPTE'RSOr ExPIRATTON DATES WHICH SUCH APPROVALS � WERE PREVIOUSLEO I OCCUR FROM Y SCH2DUL92 1992, TO N®VE'"BLlt 22, 19 AUGUST 24► TgYg EXTENSION GF onRESULTING IN A CU�'A DAYS) PROVIDING FOR HUNDRED AND EIGMTY (1S0) EXCtP'TIONS) CON':1�INSt4G = NANC pROVIDINGSI�CR AND AtFECTIV�IDAI'X.CL�►US ) AN E ami, and its environs were victimised riHEREAS, the City of �, ,, � natural disaster on august 24 , :992 ► i:� .::e ".0 rw a ,.evss,,at-zq == Hu.r:.any AIdrsw; and many 4 zati�ni �'KEREAS. -here •xlses land -use and ether aut:�or� development activLzy which hays expiration dates on or after '992F Issued pursuant to City of Miami roninq August 24, �- ,+ any,, :�d::�encas and spici:oc pro -hurricane o: 9 .» w�iEREA.s, under the post -hurricane i : eircti:.'astances► became o f tress grants or permits ar+ av:dent that the holders of :zany within said ble Go :easona51Y most the ti:na-lir►effi contained i approvals due to ator;a related cond1t10f%s beyond ,-Ity of Miam Pp the control of said getmittees and grantees) and 93- 303 F..... y cam icyrre 0 t cIt CQ �. !on, cad September 1992t in iea► adopted Qrc�ina�nca NQ, �Cg45, anbo��et1�®n 0� each dif la,oult 3,f i,oc� le�t�d- 9Q� dad' extensl.Qn eta certain spov ,ranting a ninAty ( and authorisations tor development actiyity, usa and other roved whurrieane doveloptaent aot,ivitios have p wNE�EAS► post fated d time Con than ori4inally contemp :nor® difficult an thus duo to circ =sta ncos directly ®teributable to the hurricane . and nwcessitatinq this additional time estensiont al �r®liars of WHEREAS► it is in the boat interest and 4snot citizens activity not the ns of the City of Mi'M' that devolopsasnt ac 1 affected by timelines and deadlines no be further adverse Y hurgicane•rsl&tod - ndorod Untimelyand unreasonable by .e developmental Impediments; and 4HEREAS, it IS not the inLenL Q: the City O� Mlam! :.hjs C_dinance aPPlY = anY way to requ:remenc• � uildinQ Code o: any actlons by the Suildi:�y :Ze 3ou:h F.c...oda 3 suant to provisions of the South i!iami pur City of a Ua• for exiting r;,aiida 9ui-dinq Cadet or to Certificates ON and Kia;ai Ci =Y Commission that is the ln:snt further t� is O:din�nC• shall not app1Y Lo o= no tie basis for any a available for the paYm®ht A! funds duo t • City extonsiol c• time a such obligations wee required parking► and any and ell to guaran of their authorisir►q shall be due pursualit tO the terms without docur+ont(s)► subject to the corms of Osdinanoe ro. 1Ol9S` any further extension. 9 3- 3%fjk 3 33 a was N w T: I QR r I ORDAINED $Y '"He O,Q," 1SSZON OF 'tir =X The recitals and :endings contained in bha section 1 reference Prs actbl® to this ordinance are he adopted by incorporated herein as it fully sot fo �h in this thorato and Fo g®cti®n. 1992, Section 2. Ordinance No. 109951 adopted September 10r IS hereby as f©llow" a f • and Section a. As a consequence o� ct�w devastation all havoc wreaked by Hurrican her drsu h n authorisationust s and/off land•use, aoningr or of rovals ranted by the City a 3r the eurvirdiction ® the Opp 4and 0! Miami zoning boards, Ciami Commission epursuantdto a City o! that Cods of City of Miami the ordinance or Chapters 17, were to +'have and during :he City of :siami which199Z, are hereby to November Z3, s period !rcm Augustt 2a, 199Z, , su:omat:tally extended :od �und4ed and ai htv (190 daYs- f � f f f not 5eot:on ':ne provisions of sac -.ion 2, above, shall be the basis for any :u:Lhtr extansldn of time •:ply =o == �%Y to quarantes .. payment o o money duo the C. -. and any and ail such obligations required, parking, - • � ., s oa their �authorislr,g a r.a due pu=scant to the is 1. �s to the Original terms of Ordinance No• through shall be 1/ words and/or liqures striekere shall be ■ deleted. underscored wo �a Provision are snow in sstect and 34 adefed. The remaini»q p indicate matted Wer.risks 9_.1— �(13 0 M ► �riet� ®u the add itiona, ni^"; fir ( 90 ) d,y gxttqnp ion 10995.d�� for herein- A11 ordinances or parts of ordinances Insofar as Section . with the provisions of this they are incons is taint or in conflict ordinance, are hereby modified• ra h ion 5• If any section, part of section, paxag P � Sectthe eleuc®, phra se or Word of this Ordinance is declared invalid, provisions of this Ordinance shall not be off®cted. remaining p rov :,��reby declared to be an section g. This drdinanc® is f urgent public need for the emergency measure on th® grounds oof the City preservation of p®ace, health, safety► and property the forth®r grounds o! the nacaasity of the of Miami, and uponment activity of a,�I City of Miami to facilitate approved develop types and land s now greatly Needed in the co=unity due to the ,assa,e c= `i',::::::.ca::e A►ndrew• ,.� - . :he _eeuirerients of .eadir.q this Ordinance on Se_t_on ;.wo separate says Is hereby dispensed with by an a-eisma�tlVe vets gS than :our fifths of the members of =he Commission's o•• - ot -2 effeCt_.,. e -section9. This Ordinance shell 5ecome �eCiate:y upon its adoption' ?ASSED AND ADAPTED this �.2_h day Of N ovambe ► ,Q92• f CITY CLERK E�a- S EZ, 93- 393 a kEp"ED AND XWOVIEa ay l A�"TORN''� jit? ASst5TA�T Cz�x 2pROVS9 AS TO ?'ORM AND CORRLCTNESS I *001 xx°rY A sy -Mgss/jtx/msa 2 33— 393 Li 9j�al CR�NC 1.52-646 NO - - �11.80 To E; RGI NCT ARIlI*aA2�C.. DAY NZNS'� (10) ALL EX`TtVD1N'S FOR DAW RELIgT) THE EPFECTI S?SCIAL FSRICO r ti SPSCIA 0 Est TAitRQVALsVID VARI"Ct$ �i® CTNSR LAN CST-j 07 24ZA % pSgAITS r GRa►N'rS® �!� :•KS IHmcts Am THt L111 r ITSPTZRS Z©NiNCa ®� ®OS WZN PUltsuhN2 'i`0 wa2Cm OS '� �I pA'TSS SPtCI �PR0RA typI T2� Occult FROX SUCH ppttV2CUSL4 SGMLQ NQBR 23 r 9� l! W�R>; 1992 r TO go AUGUST 24 r � RTPt�+SA FROYISZ4�1 C®NTAI E= ANC tRadZpINC' TOR A s�Vz�,jL1TV e�v� RgTRCACTI� LPTXCT2 fl1►T= • environs Veto dPl.et�.A►lzod Sdi+iLR ►s r tF�e City of ml r and it n devasta:dnq natural. disaster e n �ugyet Z4t 12920 in th® foz-�+ Y _.� �.._�. �-ane And=ea% and land•use and othsr authorizer=on -; ~- _ there exists many p dates on or alter - r,NEREAS ► rat ion s,nt ncttvtzy ahjZh haYe sap zoning d®velo to C1ty of piai --- gursuant ,a9Z, issuodAuSus: 2.r the City Code' end and spoG�==c prO�yisioae o� r::;nances cirduaisLances► is is e under the �ost-hu�ricane zants or o f many of these 9 holders .,..ethor likely that she . alines coneained Meet -he L3.aa Is Will �f unable to reasonably storms related e vale due to City of I!iastl ap?ro �1 w L ....n said �srm1ttwas and granteesa -on diLion• beyond the control of 93— 393 and 37 to In the D est interest and general w*1far* Of city trA t.�* c LtItens 0! the of i,a�n &t development activity not �ected by •�aoh ti�el inea and d,sadl �,n.s no,� �e furgi�at' ac�vsr'e1y af s,ble hurr�.oane•r®latad rendered unti,�e�Y and unreason '-svelopmental LM7*4iment and intent of the City ®!ii WHERE it is not theuirements apply in ally Meg to reQ Commission that this ordinance actions by tn® Building • South 1�1ori•da Building Code of any of thavisions of the South 0ltici a1 ®! the City Of Miami pursuant to prat Use for existing Florida suildinq Coder or to Certificates activities; !Y Z'1� C®XMISSION or THt C%TY H01Wj �pjroR= r St IT MAIN" or M%AMI, pT,01kTDA9 the . ^°hs recitals and finding• cc►ntainod in Sact-zn reference hereby adopted by •e to o this ordinance are in this _-are tb sndoz ated rexeln as I! Iul:y sot !orth =::czrp :ec t:.zn • revue co *Vence of the devastation &Ad 5eC t.zR 2, a �,99I ► all La:td•uss, -sated my Kurr`cane Astdrea on august 24, uthorizatione and/or approvals grant*,' by other such a ca=Rittoos and boards t;�s C+:y of Miatai ssion and all p�iaa►i Commission City °t agencies under the �usisdiction o¢ the rs 17 t Cif o! Miami tonir%q or or Chap pursuant =o m Y "L which were to 4,S and 62 0! the Gods o! the City o� �'=° gl3, to 2I . i � S iros► 1►9iQust 24, 1 39 e expired during the period • - - - �.r.�v autastiacieallr ,satended lot an (A9 ID Q 9 eR�Qn odnn *0 or part, of ordinances 090"r as 3• Or in cont 1iCt alit the provisions Of �.hi! Y ^rdinanGe, ere hereby repealed. aragraph? 2L any section? par$ ®� sectlonp p $ectiot� 4. the �,s ordinance is da�lar�►d i•'nval i elause� phrase Or word ®L th affected. this Ordinance shall net to remaining provisions of to be an 4rdinanCe is hereby deelas®d section g. This urgent public need for the ®s sney measure on the grounds ®! g o« the City szc� g sa f ety and property Prose at pose F health, of the rounds at the necessity of Miami, and upon the lurtri®s g of all = itaco approved devol®ps+ert activity City of ML&ML to taeil the cosmunity due to the types and lands now greatly needed in pass of Hurricane Andrew• o� p nts of rsadirg t;�is ordinance - rsculrarae alive vats aeC e.c'ti � •`'s� with by an aitit�+ � is harobY dispensed ::+o 'aparaee days ere of he eamisston• :our•:i«the o' the m4Uj; cake 1-ess than on its adopticant u ordinance shall► P Section 199�• e=_oc.ive :'croactivoly ®n AUqust 24. Kew . _.. -0 10110� D A,pppTLo this day of P 93— 393 0 AND "PROVTO By 0 L c c . Zjr SISTAI�V. CITY A=Mly APPROVED AS To roRm AND CORRECTNIM ---------- A., QV m JOx;)s I I I - CITY A TT'17 M937/JEM/ep ull" 93- 393 1 '�1 A �'A�'' �2�� . CO?�CFr`�;:zNr= ' l.s SISC:A�NE CRINATOVN PROJECT, LOCATED AT 1801- ISSP Bo-- Z'VARD, MIAMI , FLORIDA. ANE'-NTINC RESOLUTION' AND AERN-DE'D y0. 9�-92 AT?4PTED uANTJA� 2PTEDO 0 A24. $`� RESOLUTION NO • 91 VARIANCE FROM ORDINANCE 1991, VEICH GRANTED A TER TONING ORDINANCE OF *40. 9500, AS AMENDED, T$E CITY OF MIAMI, FLORIDA, By DELETING THE CONDITION 'RICH REQUIRED WITH RESPECT BTO BOTH IN A POSITION OF MORTGAGEE BOULEVARD PROPERTY AND TEE THE BISCAY'NETY NORTHEAST 4TH AVENUE PA ERREQUIRING THAT TER LESS THAN $250,000 000 IN CASE, ON APPLICANT POST AN AMOUNT OP $2�0, OR BEFORE AUGUST 30, FORM ACCEPTABLE 1992. IN A DATE BY TO THE CITY ATTORNEY; ByCHANGING CTG SECOND PEAS PHASE OF WHICH THE CONSTRUCTIONCOMMENCE; AY THE APPLICANT'S PROJECT SHALL DELETING THE CONDT ICY OF OP SAID MIAMIIANCE (*CITY*) CE REQUIRED THE C ATTORNEY TO PROVIDE ADMINISTRATION AND I COMMISSION SS ON TEAT T. ASSURANCES TO TEE CITY CITY IS GUARANTEED �TEC"?1ITY�S MCCESS $ 250 , 00 H$' LA IN G ESCROW.EY TES PLANNING SHALL BUILDING AND 20NI RUCTTObi 1548�►+ T PLACE AT DEMOLITION OR CONST _ PROPERTY R AT TRI THE BISCAYNE BOULEVARD UNTIL SUCE TIME NORTHEAST 4.E AVENUE PAYS THAT THE APPLICANT QgOFR0 ALL FEES THAT 2S THE APPLICANT �RELATED TO THE CHINATOWN PROJECT, MACT gE�ING� CITY NOg LIMITED TO, DAD$�COIIN AND TEAT THE PLANNING MIAMI IMPACT FBES . BUILDING AND ZONING . D CLARIFYIIING ATEAT,�ESHOMM FINAL BUILDING PERMIT. PARTSAID O000. PAX THE APPLICANT AIL OBTAINTO OST APPROVAL OP THE FINAL ALL FEES DUB, AUGUST 30, 1951 BUILDING PERMIT ONOBY RESOLUTION NO 91-92. AS THE VARIANCE GRANT BEFORE AMENDED BY RESOLUTION NO • 91-779. SHALL E$PiR8: FURTHER. BY DELETING A �RENOTNTITLSN INSZ?RANCBTEAT , CURRENT APPRAISAL AND POLICY PERTAINING TO BBISCAYNE BPROPERTY PROPERTY AND TEE NORTHEAST 4TE AVENU BE RECEIVED BY TSB CITY ATTORNEY. ATTACHMENT (S) CQNTAItIED 93- 393 cril COIasSI®N Zi1iG OF APR 3 0 �992 g8 1 LIA if 'iigt1T 177, A.l Lh 4'4 Cl ty comminsion L4 U I. 4R Z'jt em� Iitg - f anaaz� 24. 19gl . ^dopted Regoiut4 cn No. A T92 gr&nting A Variance from Ordinance NO. 9500, as amended, tine Zo { : g Ordinance of the City of ? i&mi, Florida, subject to certain conditions set forth in said Resolution, a copy of which is attached hereto an Exhibit "A"; and WHEREAS, the City Commission at its meeting of October 24, 1991, adopted Resolution No. 91-779 granting the applicant's request to amend Resolution No. 91-92 subject to certain conditions set forth in said Revolution, a copy of which is attached hereto as Exhibit "H"; and WHEREAS, the City Commission deems it advisable to further amend Resolution No. 91-92 to clarify one of the conditions of the variance as hereinafter not forth; e NOW, THEREFOR.B, HE IT RESOLVED BY TEE COMMISSION OF TEE CITY OF MIAXI , FLORIDA: Section 1. The recitals and findings contained in the preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Resolution No. 91-92. adopted January 24. 1991, is hereby further amended in the following particulars:'/ 4,/ Words and/or 'figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions aro nov in effeot and remain unchanged. Asterisks indicate omitted and unchanged material. 42 93- 3D3 r 2 . The dAolnlon o����s� z �c�rz� ����,.an�� �h�,s matter rd tn �,� ��'r �rmed �,�.d she r_....� From attep ,nee No, 9500, as emended, the Zons,r,g t y of ?lams . Florida,Min mu.mOpen SctLeduie Of Ordinance of the CSpace District pegulatious, Page lnimum A of��Off-Street parking PegUirements", and Requirements," and Ar 4lole 20, Section cAQB, Subsection 2008.9.2.1, Section 2013 and Section 2023� SbseQticn 25 2023.4, 'o thereby allow the ncanstr® ding zero (0)tion Of & ®of square fOt commercial builds i; P zero (0) of 318 :eF3) fired off-street parking spaces. s; 0' front three required off-street loading y setback (10' required); 0' side street yard 31?83o side yard (42.9' required); feet required); 8' (84%/34.970.21 square square feet open spaceare feet of pedestrian open required) ; 17%/ 9. 200.43 s qu re feet required); and space C 21%/ 11, 474.8 eliminating the required vision clearance at the intersection of Biscayne Boulevard and Northeast 18th Street for the property located at 1801-1859 Biscayne Boulevard. Miami Florida. also described e Tract on Tentative Plat No. 1380 - 'CNxNATOWN". as per , said is hereby g file dated November 7. 1940,until being 1991 tati variance having a time mit imust be obtained,March ands in which a building per parking conditioned upon the following: C1) the 80 spaces C8a indicated oa plats on file dated November 7. 1g9O) must be provided on the back portion of the block (the Northeast 4th Avenue property): C2) parking p (as per plans on file dated Certificator e Of Occupanc990) must y; provided prior to issuance at the Northeast whereby (3) a Unity of Title for Tract A• rior 4th Avenue property shall not be sold se rovide� plrom Boulevard property• must be p the Biscayneermlt: C4) In the event that to issuance of a rovidesngthm 80 parking spaces at is the applicant p licable City alternate location in accordanceth®t withapplicable ®h�►11 be Code provisions and regulations► aces be exempt from the requirement that these ®P(5) said provided on the back portion of the blob' the lea approval by plan must receive landscapeDepartment of the City of Planning. Building and Zoning Florida• CB) any request for Changes to the Miami.. plan for parking spaoeo must be herein•-referenoeublil benzin a! the Zoning Board. said presented at a p aid for request for public hearing to be initiated and paid the lioaat: T) a covenant, eot to by the aPP and will be subj applicant agzeea that the property approval of the herein listed oonditions however,ct the rthe p�rement the City Attorney waiving. must be that all mortgagees Reoords0inn Of Dade id oCouaty. Florida; filed in the Public -s- 92_ 26 -- 93 393843 0 1. 1•---�-r.w._..a.-.�.� �.,,, T:: � 1. �J. (-i. �! l..e .+e � . �—r..^'--�"^.!..1. 4 41 ^-" j3 ..J � �1 .._ ,`.R v 777 or od of tree years f 0110wing the l F king per ua antes thatof the to d thattheconstructionWA-11 be provided ahe �Fpl�.cant's projeot wl be second phase o commenced,Said construction to commence within three years following tie date of - r-�-g�-gu��-a�► Gov.,. —-�Fo� �, rrhAr C<Qa$1,� .a« ► �1,OaI�nint T p the City Attorney of the -.-., need upon receipt by to ts pertaboth the Biscayne following documenining Boulevard Pro Party and the Northeast 4chiaioo1 n a On) p is a property andsuch titled, tab t0 the City Attorney: s Cdh) form accep be required by the Administration other mattersAttorney. and the City ¢ • Section 3. Ms Resolution immediately upon its adoption. AA- Shall e r boom® efieotive dlL MP 0 PASSED A-N-D ADOPTED thi-M Of , XAVIER L. �AREZ, 11AYOR o" Y"-A T HIRAI CITY CLERK PREPARES AIM APPROVED By' -�RMA M. ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO Fopjj An CORRECTNESS: QaI JO)M. 3:11 CITY A Ey IXA/e=/M2888 -5- 268 3- 393 iss t-- - .?5 „ r.-a e�9 . an, mod. 3 ,� � •� •- w+ ILI c=f DECLMMTION OF RESTRICTIVE CCEEPATS THIS DECLARATION OF RESTRICTIVE CoYES (the "Declaration,,) made by MIAMI CHIKXSE COx1=ITT CENTER, LTD., a Florida limited N V.l partnership (the "Owner") in favor of TEM CITY OF MIAMI, FLORIDA, M a municipality of the State of Florida (the "City"). It N N I T N E S S E T Hs 01 WHiRRM, the Owner holds fee simple title to certain proporty in the City of Miami, Florida, legally described as and consisting oft All of Lots 3 and 13, Lots 4, 5, 8, 9 and 14, less the hest 40.00 feet thereof, and the 10.00 feet alley lying North of and adjacent to said Lot 5, and the 10.00 feet alley lying South of and adjacent to said Lot 9, Block 6, "HIRAKAR" (also known as the "THIRD AMENDED MAP OF NIP-%XXR"), according to the Plat thereof, as recorded in Plat Book 5, at Page 4, of the Public Records of Dade County, Florida, and commonly described as 1801. - 1859 Biscayne Boulevard, Miami, Dade County, Florida (the 'Property'), and WHRRUS, the Owner is presently an applicant before the City of Miami's Planning, Building, and Zoning Department for certain building permits consisting of foundation and demolition permits (hereinafter the "Permits"), for the Property; and MMPMU, the Owner desires to make a binding commitment to assure that if issued the Permits, it shall abide by all terms and conditions of this Declaration; pW, TaTREFORN, the Owner voluntarily covenants and agrees that the Property shall be subject to the following restrictions at are intended and shall be deemed to be covenants running r,! 0 h the land, binding upon the Owner, its successors and 1. RECITALS. The recitals and findings set forth in the preamble of this Dgclaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. PERMITS AND PLANS HELD IN ESCROW. All Permits and/or plans approved by the City in accordance with the provisions of this Agressent shall be held in escrow by the Building Official of the City of Miami, (the "Building Official'), until the following conditions have been satisfiedt a. All technical requirements for the Permits, including but not limited to the requirements of the City-9 Depart"nts of Public works and Fire, Rescue and Inspection Services and Dade County's Department of Environmental Resources Management, ( "URM') , have been met, to the satisfaction of the Building Official; and b. All conditions of the variance granted the Owner by Resolution No. 91.92, as amended by Resolution No. 91.779, and as further clarified by the City Comslission of the City of Miami, (the "City Commission"), at its meeting of April 30, 1992, except for the conditions which require (i) the provision of 60 parking spaces (as per plans in file dated Nov-mk,r 7, 1990) prior to the issuance, of a Certificate of Occupancy, and (Li) that the construction of the second phase of the Owner's project be cosssenced within three years following 93- 393 the date of issuance of a final Certificate of Occupancy for the first phase of the Onner'a project, have been satisfied; and C. All documents upon the receipt of which the variance granted by Resolution No. 91-92, as amended by Resolution No. 91-779, and as further clarified by the City Commission at its meeting of April 30, 1992 is conditioned, have been received by the City Attorney of the City of liiami, (the "City Attorney-), in a fora acceptable to the City Attorney; and d. Evidence of payment of the City,* impact fee and Dade County's impact fare pertaining to the Owner's project, to the satisfaction of the Building Official, has been provided. 3. NO CONSTRUCTION OR DMOLITION TO TARS PWJ. No construction or demolition, pursuant to the Permits, nor any other activity requiring permits from the City's Planning, Building and Zoning Department shall take place at the Property until such time that the conditions enumerated in paragraph 2(v) through 2(d) hereinabove, have been met. <. IKgzM!IFrCAT10N- In consideration of Ten Dollars ($10.00) and other good and valuable consideration received from the City, Oamer hereby agrees to indemnify and save haramless, and covenants not to sue the City, the Building Official, and any and the City's agents and employees from, or in connection 41Lof any and all claims and demands -of whatever nature 0 0 (including allegations of negligence or willful conduct by the City, the Building Official, or any agent or employee of the City) arising out of or in connection with this Declaration and/or any of the covenants contained in this Declaration including the covenant whereby the Building Official shall hold in escrow all Permits and/or plans approved by the City in accordance with the provision of this Agre4ment, and to immediately undertake and assux* full responsiLility hereinafter for the legal defense and representation, including the full cost and expense thereof, of the City, the Building Official, or any agent or employee of the City, in such causes and in connection with any and all causes of action arising thereunder, or which could arise thereunder. 5. 2FrECTIVE DATE. This instrument shall constitute a covenant. running with. the title to the Property and be binding upon the Owner, its successors and assigns. These restrictions shall be for the limitation upon all present and future Owners of the Property. 6. AMENDMENT AND MODIFICATION. This instrument may be modified, amended or released as to any portion of the Property by a written instrument executed by the then Owner of the tee simple title to the land to be effected by such modification, amendment or release providing that same has been approved by the City Commission at a public hearing which public hearing shall be applied for and at the expense of the Owner. Should this instrument be so modified, amended or release, the Director of ithe Planning, Building and Zoning Department or his successor, 93- 393 �� 0 M shall execute a written instrument in recordable form effectuating and acknowledging such modification, amendment, or release. 7. TERM OF COVENANT. This voluntary covenants on the part of the Owner shall remain in full force .and effect and shall be binding upon the Omer, its successors and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the Public Records of Dade County, and shall be automatically extended for successive periods of ten (10) years thereafter unless modified, ascended or released prior to the expiration thereof. S. INSPECTION AND ENFORCEMENT. It is understood and agreed that any official inspector of the City may have the right at any tiam during normal working hours, of entering and investigating the use of the Property to determine whether the r conditions of this Declaration are being complied with. An enforcement action may be brought by the City and shall be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration, either to restrain violations or to recover damages. The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorneys fees. This enforcement provision shall be in addition to any other remedies available under the law. 9. 6MRABILITY. Invalidation of any on* of these covenants by judg"nt of Court shall not effect any of the other 9 3 - Cmisions of this Declaration, which shall rssiain in full force Lj EA 10. RECORDING. This Declaration shall be filed of record among the Public Records of Dade County, Florida, at the cost of the Owner. IN MITTIMSS MURBOF, the undersigned have set their hands and seals this ci, day of,1 ( 199;r,. WITNESSESt KIAXI CBINESB COMUNITY CENTER, LTD., a Florida Unitod partner- ship Hy: CSIRATOW DBvsIJOPNzNT CORP. a Florida corporation ISAAC VHIH, President STATE OF FLORIDA ) ) SSt COUNTY OF DA.DE ) BEFORE ME, the undersigned authority, personally appeared ISAAC SHIH, as President of KYAKI C8IHATM DEVEWPKENT CORP.,- a Florida corporation, as general partner of MIAKI CBIHISB COXKMfITT CEWER, LTD., a Florida Limited Partnership, on behalf of the corporation and on behalf of the limited partnership, who is personally known to me or who has produced as identification, and did take an oath. IN wITNESS NHEREOF,. I have hereunto subscribed my name and affixed by seal this �� "�' day of �r41.1 s_, , 199 My Commission Expires: m027jIMA/bjr Notary Public, State of Florida Print Name: . 93- 393 1 2 4/91 RESOLUTION NO. A RESOLUTION WITH ATTACHMENT CONCERNING THE ZH:NATOWN PROJECT► LOCATED AT 1801-18S9 BISCAYNE SOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION NO. 91-92, ADOPTED JANUARY 24, 1991, WHICR HAD GRANTED A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED► THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY ELIMINATING THE REQUIREMENT THAT THE APPLICANT POST A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250►000.00 VALID FOR A PERIOD OF THREE YEARS FOLLOWING TEE DATE OF THE ADOPTION OF RESOLUTION NO. 91-92 TO GUARANTEE THAT THE REQUIRED PARKING BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE APPLICANT'S PROJECT WILL BE COMMENCEDi FURTHER BY ACCEPTING IN LIEU OF SAID BONDAZTTER OF CREDIT REQUIREMENT THAT THE CITY BE PLACED IN A POSITION Op MORTGAGEE WITH RESPECT TO BOTH THE BISCAYNE BOULMAD PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY1 FURTHER BY CHANGING TAa REQUIRED DATE BY WHICH CONSTRUCTION O! PHASE It SHALL BE COMMENCED FROM THREE YEARS FOLLOWING TR2 DATE OF ADOPTION OF RESOLUTION N0. 91-92 TO THREE YEARS FOLLOWING THE DATE OF ISSUANCE OP A FINAL CERTIFICATE OF OCCUPANCY FOR THE FIRST PHASE OF THE PROJECTl FURTHER BY WAIVING THE REQUIREMENT THAT ALL MORTGAGEES JOIN IN TR6 COVENANT REQUIRED OF TES APPLICANTi FURTHER CONDITIONED UPON T52 CITY ADMINISTRATION AND TbB CITY ATTORNEY PROVIDING ASSURANCES TO T9E CITY COMMISSIOlI THATe BY IN SAID POSITIO14 OF RTGAG g f BEING THE CITYC ED MO IS GUARANTEED AN 0 STY M IN ExCzSS OF $2500000, 4r WHEREAS# the City Commission at ite meeting of January 24, 1991, adopted Re$olution No. 91.92 granting a variance lrom �Y CotC2;1S14N OF Oct 2 5 3 % 0 ordinance NQ, ' QQ, as amended, that zoning ©rdi,nancp of tiro og !iismi, Florida, as aoA forth in said Resolution a copyQf which is attached hersto as Exhibit "A"t and 4iEREAS, said variance was granted subject to certain conditions set forth in said ReSolution1 and WHEREASe the applicant requests relief from the requirement that a p4rfctmance bond or latter of credit in the amount of $250,000.00 be posted, valid for a period of three years following the date of the adoption of Resolution No' 91-91; and WHEREAS, the applicant requestse in lieu of said bond/latter of credit requirement, that the CitY be placed in a position of mortgagee with resp®ct to both the Biscayne Boulevard property. and the Northeast 4th Avenue propertyi and ' WHEREAS, the applicant requests that the required date by which construction of the second phase of the project shall be commenced be changed from three years following the date of adoption of Resolution No. 91-92 to three years following the date of issuance of a final Certificate of Occupancy for the f irst phase of the projects and WHEREAS# the City Commission, alter careful consideration of this matter agrees to grant the applicant's requests and to amend Resolution too. 91-92 subject to certain conditions as hereinafter set forthl NOWe THEREPOUt BB IT RES0&Wto BX TBg CORKISSION OP TBS CITY or M1Am1 a IPLORIDA S 93- 393 yy _ (i9 53 -2+ AA n0 Ss zion 1, )Q reoi �sl s and indf nQ c�,n i nod in ,` e d' ��;�r..+A to t,,,iz Rosol�ition. ar�' tierek�y adQj�tAte re��t'tref14e thereto and incorporated horatin as,if fully set forth in this Section. Section 2. Resolution No. 91-92, adopted ,�anuary 24, 1991, is hereby amended in the following particulars:l/ '"Section 2. The decision of the Zoning Board in this matter is affirmed and the 4500queas for a variance from ordinance No. &mendod► the Zoning Ordinance of the City Of !Miami, !'l,orida,"Minimum saOf ps District Requirements"► Page 4 of 6► and "Minimum 0f tstraet Parking Requirements► and Article 20, Section 2008, Subsection 2008.9►.2.1. S,%ction 2013 and Section 2023, Subsection 2023.4, to thereby allow the construction of a 702o square foot commercial buildings providing se (0) of 316 required offstreet parking spacers Zero (0) of three (3) required offstreet loading bayss 0' front setback (10' roquj rQd) j a' yard side stree(12.9t yard (7•S required)s 8 space raquirad)s Sg% /31,639 square foot open (64t/34,970.21 squarefeetruspaeeired)s (216/11a494.6 square feet of pedestrianopenthe square feat required)s and eliminating required vision clearance at the intersection of Siscayne Boulevard and Northeast 18th Street for the property located at 1801.1859 Biscayne Soulavard, Miami, plorida, also described as Tract A, Tentative Plat No. 1380 - "CBINATOwN"e as per areancevhaving7j, 1990 is here a tisst limitationplans on file d bY granted, oaid until aarch 20 1291 in whieh a building permit the must be obtained. and being conditioned pacion (as following: (1) the 80 parking indicated on plans et an le bask sed port lons�gthe block must be provided o 1/ words and/or .figures stricken througadd shall be Th• roedeleted. underscored words and/or figures shall rovisiono are now in effect and resaaia uncharged. Asterisks indicate Omitted and unchanged watorial. 93- 303 54 a,o j d 7 9 �:he Qr heaaat ':E1 Avanuo property}: (2) pArXinq spaces (as par plans on i e da",sd NovorIner 7, 1990) must tie provided prior to issuance of Certificate of Cccapancyt (3) a unity of Titl* for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from, the Biscayne aoulevard property, must be provided prior to issuanca of a building permits (4) in the event tnAt the applicant provides the 60 parking spaces At an alternate location in accordance with applicable City Cods provisions and regulations, the applicant shall be exempt from the requirement that these spaces be provided on the back portion of the blocks (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Aepartment of the CJ,ty of Miami# Rlorida, (6) any request for changes to the herein-ceferenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearing to be initiated and paid for by the applicant, and (7) a covenantl, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City ttorney va�i in however the r• uirement that all molt a eas o n in $&IQ covenant must be e n the Public Records " -- ploridat said variance being also --I a ounty, conditioned upon the Cit -beinglaced in a position of mort a em wit res ect to of the BLsca ne sou evard proeoctV anT the Northeast 4th Avenue proPartY ror an amount not_J_ess� than **444 for a period of date of this Resolut required parking will construction of the applicant's project three years following the ion to guarantee that the be provided and that the second phase of the will be commenced* said -4- 93�- 393 SJ-� 0;9 04_ 05 Atr,acna tht� �o1; ►in daou entj erteinin to tna Risci n 9ou eva� fPc0 act Ana t. Northeast /th Avenaa co act (al a current cai a; ( 1 0 InIOn o eie a; (ol o 0 current eit bnarane� o f s An a o Mml ac�Qo:able tQ tha it Attorne ; an- ( 1 such otnar °natt�cs as May be re uIta b tole Ad:%n1s:;atton an tn0 1tom►_ttcrn+� • Section 3. This Resolution shall b*com* offective immaciiately upon its adoption. PASSED AND ADOPTED this 24th day of OcZw 1991. ATTEST. Al CITY CLERK s PRZPARLD AND APPROVED BY: I R,kJ► M. ADELLA ASSISTANT CITY ATTOL49Y APPROVED AS TO pORM MV CORANTNESS1 . F, Ti ATITORN�Y . IMA/lb/qmb 24i! Jam- 3%f)3 J-7i-57(wi Fa RESOLUTION NO. 9 a 92 A RESOLUTION DENYING THE APPEAZ, FROM AND AFFIR.lAm THE DECISION OF THE ZONING BOARD TO GRANT A VARIANCE FROM ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6, "MINIMUM OPEN SPACE REQUIREMENTS", AND -MINIMUM OFFSTREET PARKING REQUIREMENTS,' AND ARTICLE 20, SECTION 2006, SUBSECTION 2009.9.2.1, SECTION 2013 AND SUCTION 2023, SUBSECTION 2023.4, TO THEREBY ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL BUILDING; PROVIDINGr ZERO (0) QF 316 REQUIRED OFFSTREET PARKING SPACES, ZERO (0) OF THREE (3) REQUIRED OFFSTREET LOADING RAYS= 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5' REQUIRED); 8' SIDE YARD (42.9' REQUIRED); 581/31,639 SQUARE FEET OPEN SPACE (64%/34,970.21 SQUARE FEET REQUIRED); 17%/9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (211111,474.6 SQUARE FEET REQUIRED); AND ELIMINATING THE REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NORTHEAST 18TH STREET FOR THE PROPERTY LOCATED AT 1801-1859 BISCAYNE BOULEVARD, MIAMI, FLORIDA, ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT NO. 1380 - 'CHINATOWN*, AS PER PLANTS ON FILE DATED NOVEMBER 7, 1990, SAID VARIANCE HAVING A TIME LIMITATION UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND BEING CONDITIONED UPON THE POLLOWINGt (1) THE 90 PARKING SPACES (AS INDICATED ON PLANS ON FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED ON THE BACK PORTION OF THE BLOCK (THE NORTHEAST 4TH AVENUE PROPERTY); (2) PARKING SPACES (AS PER PLANS OI4 FILE DATED NOVEMBER 7, 1990) MUST BE PROVIDED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY; (3) A UNITY OF TITLE FOR TRACT A, WHEREBY THE NORTHEAST 4TH AVENUE PROPERTY SHALL NOT BE SOLD SEPARATELY FROM THE BISCAYNE BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO ISSUANCE OF A BUILDING PERMIT; (4) IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT AN ALTERNATE LOCATION IN ACCORDANCE WITH APPLICABLE CITY CODE PROVISIONS AND REGULATIONS, THE APPLICANT SHALL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION OF THE BLOCK; (5) SAID PLAN MUST RECEIVE LANDSCAPE PLAN APPROVAL BY THE PLANNING, BUILDING AND ZONING DEPARTMENT OF THE CITY OF MIAMI, FLORIDA; ( 6 ) ANY REQUEST FOR CHANGES TO THE HEREIN -REFERENCED PLAN FOR PARKING SPACES MUST BE PRESENTED AT A PUBLIC HEARING OF THE ZONING BOARD, SAID REQUEST FOR PUBLIC HEARING TO BE INITIATED AND PAID FOR BY THE APPLICANT; AND (7) A COVENANT SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, WHEREBY THE APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT TO THE HEREIN LISTED CONDITIONS, MUST BE FILED IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID VARIANCE BEING ALSO CONDITIONED UPON THE APPLICANT POSTING A PERFORMANCE BOND OR LETTER OF CREDIT IN THE AMOUNT OF $250,000.00 VALID FOR A PERIOD QF THREE YEARS FOLLOWING THE DATE OF THE ADOPTION OF THIS RESOLUTION TO GUARANTEE THAT THE REQUIRED PARKING WILL BE PROVIDED AND THAT THE CONSTRUCTION OF THE SECOND PHASE OF THE A.PPLICANT'S PROJECT WILL BE COMNENCED. 12 93- 3; 3 «TY Com-assiON -----_-- -�_--� ., t" OF Ml .Am 1oni,n� �sord nQ R� i.L- �. n f wFiFP,r,Ns chi QwcAmr 3, 1990,kme�+ Pao. 2, duly Adopto R.��o1Utl n %A 115-�Q ,.1 a Itix to zero (6�0) vote granting a variance ae herainaftor set forth; and W't"AS , the planninq� Building and Zoning Department of the Miami has taken an appeal the City Com�iseion from the City of Miami • and grant of the variance, _ the City Cris°ion, after careful consideration of NtizR _ 'In finds that there are Poculiar circumstances affecting this practical difficulties and l of land and that thus parcel would impair the owner's right -= unnecessary hard°hip° exist which operty without the grant of to the reasonable use of the pr variance as her set forth; 'iHE eO�IgBIOK Of THE CYTT Now, THzRyTORz, Bt IT RBSOLVI:D BT or 14,jU4I , Z.S,pRIDAt contained in the a Section i. The recitals and findings. reference Resolution are hereby adopted by preamble to this set forth in this thereto and incorporated herein as it iu11y Section. Section 2. The decision of the Zoning Board in this ter it aft and the request for a variance from Ordinance mat Of Miami, No. 9500, as amended, the Zoning Ordinance of the City _ og 61 Minimum Florida, Schedule of District Requlations, Page and "%inimue Oftstrewt Parking Own Space RequirwWnts', Requirmaents,' and Article 20, Section 2006, Subsection to Section 2013 and Section 2023, Subsection 2023'4o al 2005.9.2.1, square toot coamerci thereby allallowthe construction of a 70,025 red eqp arking zero (0) of 316 ruiolistreet _ buildingi providing baYal 0' --'r 0 0; threes (3) required ottstrMt loading spaces; zero ( ) yard (7.5' - setback (10' required); 0' side strut 639 squ feet !rout and (42.9' required); 5et/31, are required); 6 side y 17%/9,200.43 (64 4/34,970.21 •quara feet mired); open D y— 3 J 3 oac• 1 f rea�a.ir+�c1); Anc# elimi.n�ti,n� ��+� z•*�aire+l v.lsicn clm�ar++rtre Ar •+�,� intersection of Biscayne Soulmvard and Mortheopt 19th StrR*t for the property located at 1801-1859 Biscayne Boulevard, Miami, Florida, also described as Tract A, Tentative Plot No. 1380 -CHINATOWN-, as per plane on file dated November 7, 1990, is hereby granted, said variance having a time limitation until March 2, 1991 in which a building permit mast be obtained, and being conditioned upon the follovingt (1) the 00 parking spaces (as indicatad on plans on file dated November 7, 1990) must be provided on the back portion of the block (the Northeast 4th Avenue property); (2) parking spaces (as per plans on file dated November 7, 1990) must be provided prior to issuance of Certificate of Occupancy) (3) a Unity of Title for Tract A, whereby the Northeast 4th Avenue property shall not be sold separately from the Biscayne Boulevard property, mast be provided prior to issuance of a building permits (4) in the event that the applicant provides the 90 parking spaces at an alternate location in accordance with applicable City Code provisions and regulations, the applicant shall be exeapt from the requirement that those spaces be provided on the back portion of the block; (5) said plan must receive landscape plan approval by the Planning, Building and Zoning Department of the City of Miami, Florida: (6) any request for changes to the heroin -referenced plan for parking spaces must be presented at a public hearing of the Zoning Board, said request for public hearinq to be initiated and paid for by the applicant; and (7) a covenant, whereby the applicant agrees that the property will be subject to the herein listed conditions subject to the approval of the City Attorney, must be filed in the Public Records of Dade County, Florida; said variance being also conditioned upon the applicant posting a performance bond or letter of credit in the amount of $250,000,00 valid for a period of three yearn following the date of this Resolution to guarantee that the required puking will be provided and that the construction of the second _phas* o(�f3th ,�ti cstt 3. itt� pana�?lut1�"n �h^11. i,mmdiatml.y upon ItN Adoption. PASSED AND AMPTED this —;AW3- 46Y of Lop ATT T HIRAI CITY CLERK PRErARLD AND APPROVED BYt ml IAH MZR CHjZr ASSISTANT CITY A�rpt +sx APrROVLD AS TO FORK AND COR"C'MsSS t �t 4.jGR L. ATTO 'r GHN/rm&j Ib/KI974 of fact ivm 1991. OR 93- 393 `4 r FihA +4nr; s (Iffnr�Q t.M� fnIInwInCj P InItjtinn enA -')YOM 1t.g Adnpttcn. RESOLUTION ZB 115-90 AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 3101..1 OF ORDINANCE 9500, AS AMENDED THE ZONING ORDINANCE OF THE CITY OF MIAMI, THE ZONING BOARD GRANTED THE VARIANCE FROM ORDINANCE 9500. AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT REGULATIONS, PAGE 4 OF 6. "MINIMUM OPEN SPACE REQUIREMENTS". AND ARTICLE 20, SECTION 2008, SUBSECTION 2008.9.2.1, SECTION 2013 AND SECTION 2023, SUBSECTION 2023.4 TO ALLOW THE CONSTRUCTION OF A 70,025 SQUARE FOOT COMMERCIAL PROVIDING 0 OF 316 REQUIRED OFFSTREET PARKING SPACES, 0 OF 3 REQUIRED OFFSTREET LOADING BAYS, 0' FRONT SETBACK (10' REQUIRED); 0' SIDE STREET YARD (7.5 REQUIRED) 8' SIDE YARD (42.9' REQUIRED); 58% - 31,639 SQUARE FEET OPEN SPACE (64% - 34,970.21 SQUARE FEET); 17% - 9,200.43 SQUARE FEET OF PEDESTRIAN OPEN SPACE (21% - 11,474.6 SQUARE FEET REQUIRED); AND NO PROVISION OF REQUIRED VISION CLEARANCE AT THE INTERSECTION OF BISCAYNE BOULEVARD AND NE I8 STREET FOR THE PROPERTY LOCATED AT 1801-18S9 BISCAYNE BOULEVARD ALSO DESCRIBED AS TRACT A, TENTATIVE PLAT 01380-"CHINATOWN" AS PER PLANS ON FILE. THIS VARIANCE HAS A UNTIL MARCH 2, 1991 IN WHICH A BUILDING PERMIT MUST BE OBTAINED SUBJECT TO THIS GRANTING OF VARIANCE IS BASED ON PLANS ON FILE DATED NOVEMBER 7. 1990; WNICH SHOW 80 PARKING SPACES ON THE BACK PORTION OF THE BLOCK; UNITY OF TITLE FOR TRACT A IS REQUIRED BEFORE ISSUANCE OF A BUILDING PERMIT; PARKING SPACES AS PER PLANS DATED NOVEMBER 7, 1990 ARE TO BE PROVIDED AT TIME OF ISSUANCE OF CERTIFICATE OF OCCUPANCY; SAID PLAN BEING SUBJECT TO LANDSCAPE PLAN APPROVAL; ANY CHANGE' TO THE ABOVE REFERENCED PLANS FOR PARKING SPACES DATED NOVEMBER 7. 1990, ARE TO BE BROUGHT BACK TO THE ZONING BOARD IN PUBLIC HEARING. SAID APPLICATION FOR PUBLIC HEARING TO INITIATED AND PAID FOR BY THE APPLICANT; IN THE EVENT THAT THE APPLICANT PROVIDES THE 80 PARKING SPACES AT A LOCATION IN ACCORDANCE WITH CITY CODE AND REGULATIONS, THEN THE APPLICANT WILL BE EXEMPT FROM THE REQUIREMENT THAT THESE SPACES BE PROVIDED ON THE BACK PORTION, AS PER PARKING PLANS DATED NOVEMBER 7. 1990. Upon being seconded by Mr. Lorenzo Luaces the notion was passed and adopted by the following rote: AYES: Ms. Besila and Morales Messrs. Sands, Moran, Barket Alonso-Poch and Luaces NAPES: Name. ABSENT: None. 93- 3%3 ABSTAIN: Messr. Milian G I 7,11 c,"err �._ bV :, hr•.yr� .IkIITTF f, F r .. Submitted into ti=e Fug Izc� A,?...'.T I rl I'1 r`.STN"'.T Or C0,17�'P� June 28, 1943record iin item cu _ _ �c- BY HAND r,ctiy Ilir��i Mayor Suarez and City Clerk City of Miami Commissioners Re: Appeal of the decision of the Zoning Board reversing the Zoning Administrator's Recommendation, dated March 22, 1993, concerning property at 1825 N. Biscayne Boulevard/320 N.E. 19th Street Public Hearing scheduled for June 29, 1993 at 5:00 p.m. Dear Mayor Suarez and City of Miami Commissioners: PRELIMINARYSTATEMENT AND STATEMENT OF FACTS I represent the Dade Heritage Trust in its appeal of the Miami Zoning Board's decision to "reverse the decision of the Zoning Administrator which revoked three building permits." The Zoning Administrator recommended that the permits be revoked because the applicant for the Chinatown Project failed to satisfy the conditions of a grant of variance. One of the conditions set forth in Resolution No. 92-268, dated April 30, 1992, (granting a variance from Ordinance No. 9500 ) requires that the applicant "Pay[] all fees that are due from the applicant related to the Chinatown Project, including, but not limited to, Dade County Impact Fees and City of Miami Impact Fees... Should the applicant fail to ...Pay all fees due, or obtain approval of the final building permit on or before August 30, 1992, the variance... shall expire." Subsequently, in response to Hurricane Andrew, the City of Miami Commission adopted two resolutions extending the time for variances scheduled to expire during the period immediately after the hurricane by 180 days. According to the Zoning Administrator, thus, the Chinatown Project applicant had until February 26, 1993, within which to pay the Dade County Impact Fee. Since the fee was not timely paid, Miami's Building Official, pursuant to the Zoning Administrator's recommendation, revoked the building permits issued to the applicant for the Chinatown Project. 93- 393 Ll P4ayn1-_ Sllax-n,, a11-1c3 Ci_t:y of Mi-ami COTnTni s^ i3Oner_ s June 29, 1993 Page two :. " i'1 ,ifl!, i 9 3. ry ���rcii The Applicant appealed the Zoning Administrator's decision to the Zoning Board. No briefs were filed and there is no transcript of the proceedings before the Zoning Board, although there is a tape recording of the proceedings. The tape recording of the proceedings before the Zoning Board reflects that counsel for the applicant conceded that the fee was not paid by the deadline, referring to it as a "de minimis, technical violation." In addition, the applicant raised at least two other arguments which are announced on the tape recording. Without any explanation, the Zoning Board reversed the "decision" of the Zoning Administrator. Copy of Zoning Board's Resolution ZB 47-93 and Zoning Board minutes attached hereto. The problem in failing to provide any explanation is exemplified by the Chairman's statement at the Zoning Board appellate hearing, wherein he stated on behalf of the Zoning Board., "[we] have heard the arguments and it is clear in our minds." Unfortunately, it is not clear in anyone else's. ARGUMENT I. ABSENT WRITTEN FINDINGS OF FACT, THE ADMINISTRATIVE ORDER IS WITHOUT LEGAL EFFECT It cannot be seriously disputed that a Zoning Board, acting in a quasi-judicial capacity, must set forth detailed findings of fact to support any of its decisions. Irvine v. Duval County Planning Commission, 466 So.2d 357 (Fla. 1st DCA 1985) (Zehmer, J., dissenting), approved, 495 So.2d 167 (Fla. 1986), adopted after remand, 504 So.2d 1265 (Fla. 1st DCA 1986). There are several reasons for this requirement. Primarily, this requirement promotes due process and equal protection of the laws. Irvine at 365. Written findings ensure that the administrative decision will be rationally supported. In addition, written findings permit a meaningful judicial review. "Without [detailed findings], the reviewing court would be compelled to grope in the dark and to resort to guess -work as to what facts that Board had found to be true and what facts alleged were not found to be true." Irvine at 366, quoting, Laney v. Holbrook, 8 So.2d 465, 468 (Fla. 1942) and other cases. Finally, requiring written findings makes it more difficult for improper considerations to influence the administrative decision. Irvine at 366, citing, Higgs v. Property Appraisal Ad-iustment Board of Monroe County, 411 So.2d 307, 309 (Fla. 3d DCA 1982). 93- 3J3 dink 1Tayc,r x�17az:� ancj City of Miami Commissioners + ,! ,i203 June 79, 1993 Page three As reflected in the Zoning Board's Resolution ZB 47-93, there are no written findings. Therefore, it is impossible to ascertain on what basis the Zoning Board reversed the "decision" of the Zoning Administrator. Accordingly, the Zoning Board decision should be reversed and these proceedings remanded to the Zoning Board with instructions that the Zoning Board make detailed written findings in support of its decision. CONCLUSION There are several other potential arguments which might be relevant to the proceedings below, but in the absence of a reasoned decision by the Zoning Board, one can only guess as to what other arguments are relevant. Once the Zoning Board's reasons are made public, then the Dade Heritage Trust will be able to evaluate the legal deficiencies, if any, contained therein, and put forth an appropriate legal challenge. Based on the foregoing reasons, the Zoning Board should be required to put forth detailed findings in support of its decision. Respectfully submitted, Scott L.Warfman on behalf of t __ Ede Heritage Trust 93- 393 11 Mr. George Barket caf fared the fn- llowi.ng F.esolution and moved its adoption. RESOLUTION ZB 47--93 AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE 11000, THE ZONING BOARD G�L99D THE APPEAL REVERSING THE MARCH 22, DECISION OF THE ZONING ADMINISTRATOR, ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI ARTICLE 18, SECTION 1800, REVOKING THE BUILDING PERMITS NO. 92-0006757, NO. 92- 0006758► 32, 93-5004910106777, NO. 2 , RESULTING FROM 4THE AND NO. FAILURE OF APPLICANT TO MEET THE CONDITIONS ESTABLISHED ON THE RECORDED COVENANTS DATED APRIL 20, 1992 AS RECORDED UNDER CLERK'S FOLIO N0. 92 R147152 PUBLIC RECORDS OF DARE COUNTY AND DECEMBER 14, 1992 AS RECORDED IN BOOK 15761 AT PAGE 2913 PUBLICLOCATED OF AT D1825 M • COUNTY FOR THE PROPERTY BISCAYNE BOULEVARD AND 320 NE 19 STREET. Upon being seconded by Mr. Ronald Fox the .motion was passed and adopted by the following votes: AYES: Ms. Basila Milian, Sands, Gener Alonso-Poch, Fox and Barket NAYES: Mr. Moran-Ribeaux. ABSENT: Ms. Morales and Mr. Luaces. Ms. Fernandez: Motion carries 7 to 1. April 19, 1993 Submitted into the public Item No . 3 record in connection with 2 3 -acj- 3 item ------ maf'ty %iizu:; Ci,y CIOT'lr 93� 3 �3 MIAMI 7 0 N I N G HOARD M I N U T E S TIME: 7:00 PM Monday, April 19, 1993 CITY HALL, 3500 PAN AMERICAN DRIVE DINNER KEY, MIAMI, FLORIDA a wwweeeewwwwwrawrweeaeaeewwwwwweere eeeewrrweewewewwwweaweewaaeeenaweseeeweweweweew:rw CITY ORDINANCE NUMBER 10087, AS AMENDED, ADOPTED MARCH 18, 1986, GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING IN LOBBYING ACTIVITIES. A COPY OF SAID ORDINANCE IS AVAILBLE IN THE OFFICE OF THE CITY CLERK, CITY HALL. w ■eeeewwweweeeweeeeen a ewwww rnwwwwewwe were eseveaeeeewwenewaeewwerweeeewenwwwwnewwewww a) Invocation b) Pledge of Allegiance c) Roll Call 1. 2000 NW 3 Avenue App. No: 93- 141 Resolution ZB 45-93 Complete legal description on file with Hearing Boards Office 8-0 Granted for 12 mo. Special Exception as listed in Ordinance No. 11000, as amended, subject to the Zoning Ordinance of the City of Miami, Article 4, Section 401, conditions. R-3 Multifamily Medium -Density Residential, Conditional Principal Uses, to allow a child daycare center, for a maximum capacity of sixty-six (66) children. Submitted into the public record in connection with item on (o - 2q - q-; Mcitty HITC C: � 2. 622 NW 20 Avenue App. No: 93- 143 Resolution ZB 46-93 The N 29' of Lot 7, the N 29' of Lot 8, the S 29' of Lot 5, & the 8-0 S 29' of Lot 6, all being in Block 2, SWASTIKA PARK (4-98) PRDC Granted for 12 mo. Special Exception as listed in Ordinance No. 11000, as amended, and subject to the Zoning Ordinance of the City of Miami, Article 9, Section Planning Div. 903.5, to permit the extension of C-1 Restricted Commercial conditions. District regulations, not to exceed 50' (29' requested) into the R-2 Two -Family Residential portion of the parcel so that a surface parking facility for Regis House be allowed. April 19, 1993 93- 393 Page 1 V 3. IA25 N. Piscayne Alvd./320 NE 19 Strapt, bt)p, No: 93- IAA R-cniutinn ZR A7_g3 (nrnl.pt_Q 1Q gi rjF:rript':0^. �n lilt yi4h nq ?)ard5 Offi7- Granted the appeal Appeal of the March 22, 1993 decision of the Zoning Administrator, and reversed %. Ordinance No. 11000, as amended, the Zoninq Ordinance of the City Administrator's of Miami, Article 18, Section 1800, revoking the building permits decision. No. 92-0006757, No. 92-0006758, No. 92-0006777, No. 92-0020432, and No. 93-5004911, resulting from the failure of applicant to meet the conditions established or. the recorded covenants dated April 20, 1992 as recorded under Clerk's folio No. 92 R147152 PRDC and December 14, 1992 as recorded in book 15761 at page 2913 PRDC. 4. 142 NW 31 Street Lot 6, Block 2, ST. JAMES PARK (4-41) PRDC App. No: 93- 145 Resolution ZB 48-93 Grated for 12 mo. in Extension of time for a Variance granted by the Zoning Board on which a bldg. permit April 20, 1992 (Resolution ZB 36-92) with a time limitation of must be obtained. twelve months in which a building permit must be obtained and subject to the demolition of the one story masonry building. Submitted into the public record in co.^,il ction with item _f2;� _,__3 n k - A 9wg 3 Article 20 of Ordinance 11000 establishes that decisions of the Zoning Board, whether acting on matters of appeal from the Zoning Administrator or Director of the Department of Planning, Building and Zoning or acting in their original jurisdiction on matters of Special Exceptions or Variances, are to be deemed final unless, within fifteen (15) days of the date of the Board decision, a request for review by the City Commission is made in the manner set out in this Article. Should any person desire to appeal any decision of the Miami Zoning Board with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F/S 286.0105).0.50.0. April 19, 1993 Page 2 05/13/93 93- 393 U.S. f'nnsw"rr pnrkirr Miami. 1-J. �.�1zJ-liRh rJub+ Date: -Tune 291199� mitfea into "I(? PlAblic record inn c�(t,►]�1('c.j. 1 Vvzi% RE'QiuQue ter ifell,z--4,. 331 NE 18 Street Miami Florida 33132 City Clerk To Whom It May Concern: This letter will confirm that the above named person or persons has maintained a savings/checking account with Citibank, FSB since November 1988 The balance in said account as of _T11+3_?g- 3993 is$ $1.002,9-07,00 ricer. Biscayne Branch' rar- x: �a�o` I , hih foreg ing information. State Of Florida County of Dade hereby authorize the release of the The foregoing instrument was acknowledged beforg me this date of dtdaFl�29— 1993 by Isaac Shih jjrn produced _ _orida Dr Lic s40035 as identification and didoath 470 Notary Publ State Of � ida uu Comissio o. NOTARY Pl111LIC, STATE OF FLORIDA. AtY COh1m13S;;'..N F.'(; lit IS: July 1, 1995. 3 3 BONDED 1HRU NOTARY PUBLIC UR'DEUWRITFRj 0 item o.n 3 � -11"Lv HrCli UNIT PUIWIIASE AGI1IJ,MENT C liy C:l.e3k I) Thi,; agreement is officially- enured into. bc,twoori the Miami ('hinese Community- Center, L.td. (a Florida I.imitad Pnrtriership, hereinafter called the Partnership) anti the unit purchasers. 2) The aggregate number of the units which the pari.nership shall issue is 500 each having a value of SI00.000 per unit. t) 100 units, 20 percent of the above 500 units, having i>.en owned by the sponsor (with the serial number from 101 to 500). shall be distributed to the relative pnrtner!; uci.-ording to the agreements between the sponsor and the partners. 4 ) The rest of the 400 uni is s,haII be sold to and 1,ngaI company. corporation and the private who makes full poyment upon signing the agreement as a Limited Partner. The I- imit"d Partner will own a numbered certificate of the stock , and a reservation contract for the condominium units. 5) According to the priority of the serial number on certificate of stocks, the earlier purchasers shall enjoy the privilege of selecting the positions of his property first. The total 70,000 sq. feet, 3 storey shopping center of the first phase shall be available for selection as soon as the foundation is completed; the commercial/residential apartment with 270,000 sq, feet of the second phase shall not be for selection until the design drawings are finally approved by the City of Miami, Building Department, 6) It is understood that the purchaser of a single unit is confined to selection of the residential apartment. of which the price is temporarily fixed at $200 per sq. feet: only the second unit of the purchaser can grant him the privilege of selecting the commercial property of which Aho price is fixed at $334 per sq. feet. 7) Should the purchasers like to come to America for a site and envirorinent investigation, or for opening branch office_; and business negotiations, the Partnership shall make every effort to assist them. unit (s) purchased at the total amount y; 93- 393 a tr i)ii))ri9iat ' a) Purchaser's bank and address Arc oun t i" . and check r�o . MY Y b) Remit the payment to Citibank, 1799 Piscnyno Blvd.. Miami. Fl . 33132, ABA# 26608. receipt by Miami Chinese Community Center Ltd.. Account No. 2100366511: nR remit the payment to . the legal office in Tianjin, rhiuii opened by the Partnership in Bank and .Account. No 0 Receipt by China (Tianjin, Beijing) Agent. 91 The p"rchnser is authorized to own the resident iai sq. feet. unit : Iminimum i �, riot 1 1A t hnn 500 K-not-11A ihnn-666 sq. _ _ feet: maximum can be more than 10.000 sq, feat); and to own commercial area sq. feet. A document is to be signed as the condominirrrr, Purchase agreement. 1.0) The Limited Partner who owns more than 10 unity; of stocks shall be entitled to assign a standing director ac one of the members in the Board. The meeting of Board shall be held annually. The standing directors are limited to 35. During the period of meeting, all the expenses of travel, living, foods and so on shall be paid by the Partnership. The standard of that shall be decided at the Board member,'. 11) The standing Board of Directors is the highest authority. Miami Chinatown Development Corp. is a General Partner and all the other Purchasers are called Limited Partner. 12) Any disputes on the agreement shall be adjusticated by the assigned Arbitrator by American Arbitration Association according to the Commercial Arbitration Rules of American Arbitration Association. 13) American Court has the exclusive jurisdiction over any disputes occured on the agreement. 14) .Any action. decision. distribution and planning changes, finally decided at the standing meeting of the standing directors shall be recorded and noted to each Limited Partner. 931- 393 Aft 01) Nv C -V CleA-1c 1 5 ement is written both in Chime;(, Find 13 have same N, a l i di t y [Tj1j t A d d 1, e l e 1) 11 o 1-1 o -No. ref the certificate _- Signature Agent signature Miami Chinese Community Center, I,td, a Florida limited Partnership By: Miami Chinatown Development Corp. a Florida Corporation General Partner BY: Isaac Shih, President Date: 93- 393 En EA ,l Miami Chineso Community Cintor, Ltd. A) LETTER OF INTENT WITH CHINA HAINAN MAJ0RITY NATIONS CORPORATION GROUP B) LETTER OF INTENT WITH CHINA SHANG11A I Q I A`1WE I GENERAL. CORPORATION C) LETTER OF INTENT WITH CHINA SHANDONG CIIANGYI ELECTRONICS FACTORY L)) LETTER OF INTENT WITH CHINA J I ANGSU XINGUANG CORPORATION GROUP TOTAL: A1IOI�NT OI INVESTMENT s 5.000.000 TO 10.000.000 1,500.000 s 1.000.000 400.000 S 7,900.000 TO 12,900.000 Submitted into the public record in connection with item p z - 3 on % - 211 - 9.3 F i i l,, Hirai Miami Chinatown Development Corp. 9 3— 393 331 N.E. 18th Street, Wad, Florida 33132, USA Tel.: (305) 372-5209 (305) 375-9256 Fax: (305) 577-8861 N tih-'',y, R- �; A all i CATI-%W- 14,E M 3F lia 7 n - rIx A AM. I re A kia tIk I 10�a1P X k�V�. It. R*-&C-A; [P . BAR H fpJ 3FA. f:�_ffo PI nto the public r cor in connection with item on q - 913 Matty Hirai LA: 19iffA41A)AffA%�A City Clerk s 3 cS)S- 7 --- )L )L H &= i A A R�I T 4119 93- 393 El l - .�-' �ri ���� '� �„ •tt�w.- ��� S .j j' t� •��� `T i `'U J y}s� � � � V,�;�) ��. � Y;-�� 1 ' C� ; f � �.� _ 11 �% �.�� ,•�- zN 1 t� � � �f,J'' � cf) �,� � , �,l k `�d ' p 'u 7� ? t� C~ SJ ! r 1�j� �— / �� "` ! ` !� l J �• J � � i? c{• � � 1 �i y � ! y 3—�... �� Z �%� j�Gj C1} -•�• � v � � y "� ' '� L ` �+ �u w 41�' r ` i I' J � ,�^+. 1'!i� � <— c� �` l`!i� �1 Ali " b �� �� 1 �.. � i }.� (� % _ % ► "' i�'/1 y `�j J'- ��' �' s� CIP-i 169r 305'r.�l'. s 3 -- 393 f bi�1�i /-V � �v or or alit�,�},lit. �itti vencheng C,ty Jiangsu, Chilia 16 may, 1993 8ir, ©rpetings from Yancheng, Jiangsu, China! To further strengthen the existing friendly ties between our two cities and help you to learn more of Yancheng , I, as the mayor , would like to invito you and your wife to visit my city at your earliest convenience for a period of 10 days. During the stay in my city. we can discuss what to do for allround cooperation and seek the possibility for the establishment of sister -city relationship between our two cities. Expenses for international tre►vel will be borne by your side, the board and lodging and local transport in China will be on our account. For further information, please do not hesitate to contact me. Looking forward to meeting you in Yancheng. Yours sincerely %u Qiyaa Mayor of Yancheng Tel. 0516323793,0516324689 Faz 0516324689 93- 393 ;z'�7), to 11ct)Ej —��Ck&i53, A-EjRQ, A31249E IWS .3�W� ( 401 G00 ) Tug tcu. -R-Tm2 mim I fi Mara, R, $giix!&- Tu ° 93- 393 M U ( 2) ACitibank, 1799 Biscayn - Blvd, l�/ti Imi, FI, 331,112, AT A # 266066554, I&VpMiami. Chinese Community Center Ltd. ($� 21.00366511).-QXRAALS� M4]%11E 7(�Jr � �i s�t41� : �RF72093000998; �� rt a � .05626), ERtl�C 5 OR (3) 3 Vtj �i: 30%, XM-tVIp, WW19Y] 4 nzTM70%; T\fan, E RRVVWit!Q32m n V, 0 3�-T aJTr t'`°8 into t-he public record in conncc"ic-;n willi item • 3 c n 9 aDXEp®UM0 ooK:AM^M Kw&mu0 —IL)I=T �- 11/p 8 93- 393 C% r-A" � -Ea 01 -- . �o v. ot mD RPM ��•i�J R—nXnTAm o7��J��l�lCAF7o�'�� o U (2) K : VE�\Citibank, 17y9 Biscayne Blvd, Miami. Fi, 331-32. Al �, 2f,G086554, V V pMiarrai ChinePe C-mmuriity (.','enter t�tri. 2100366511) %9AAL5`r7 W {j20930009ss; *j 05626). . Vic, �Gi=Tn 3 t I &,bmitted into the public l Z record in connection with item on b 2-Q- g 3. Mutty Hircii Cty Clerk MWA 9 Lit 0 if B 93- 393 P .j Pc P 0 PURCHASE AGREEMENT 11 THIS PURCHASE AGREEMENT ("Agreement") is made and entered into by and between MIAMI CHINESE COMMUNITY CENTER, LTD., a. Florida limited partnership. Executive Offices: 331 N.E. 18th Street Miami, Florida- Buyer (s): Residence Address: City: Country; Home Telephone: State: Social Security No.: Office Telephone: __ Zip: In this Agreement, the words I, me, my, mine, us and Buyer mean or refer to the Buyer or Buyers listed above who have signed this Agreement. Tile words you, your, and the Developer mean or refer to MIAMI CHINESE COMMUNITY CENTER, LTD., a Florida limited partnership. The words we and our mean or refer to all parties to this Agreement. You agree to sell and I agree to buy the following described property according to the terms and conditions hereinafter set forth: A. The Property: Unit No. , CHINATOWN CENTER, a Condominium (the "Condominium"), together with all appurtenances thereto including an undivided interest in the common elements of the Condominium (the "Unit"). The Unit has not previously been occupied. 93- 393 C .A 7.1 C• � MIT ;M IR ^a W I - THE NA1°10HAL CONkNiEACIAT_ BANK, ITI). N(?FtfiaOP�^ f3R�NCN F1 J- DntA: CUSTONIER'S RECEIPT � � AIR In accordance with your instraetion and Qubject to the conditions overleaf, we have effeeted the following remittance, -tip Tel" Transfer W1 :Flail Transfer Cj $ ;I Demand Draft Travellers Chc^,ue $A Amount us s i , OOO t 000.0c** MIAML CHINESE CCXLitNNZTX CENTr LTA. #Ikk*1.93LAA11 331 N.E. 1$GT., XIAMI Name and Address n. 33132 of Payee CITIBANK FS3 ABA#266086554 3750 DORAL BLVL . �fI MT , FL. 3317 5-2Z.02 !Name and Address , ofPayee Bank .......................................................................................................................... i C X Account dumber 2100366511 1*_; , By order of CHONG SFUI KIT-T. FOR A/C CFINA TTtNrJ1N I:dTEMATIONAL RC0\0MIG & ? ECP,TICa7 e Message Co-OPER.ATIm: F�'�i;r'££RItiG coNs,TRUCTION COPFCRATIO:� a a ,gill foreign Bank s charges are to be borne by Payee. —In payment of the above remittance, Q #ti 4; .0 r-+ 0 for the principal amount we have debited your account No ........................................................... with us, as authorized, U x -JE Rl Xi d7 0 ( * ) 9 036-72:-.fir+! -bi3c1, ❑ for all other charges, we have debited your account No................................................................ with us, as authorized. C3 t a & f,I x * J. 4 / # tt * / k 4 IR40-1t#7 ❑ e., "4 we have received your cash/Fixed Dep./cheque tio........................................ drawn on ..................................................... •� 71 ( 4-o&XJL* - Jt4•fS * o If payment by cheque, subject to final payment.) AV ❑ It payment received 1�t � pe" PTO ••• l:. L�2El,Cii INVESTMENT LIMITED dull+or►tad „t "Iur4 ¢ tt /, $ ,* Applicant's Signature drk.$ Name: ...................................................... ................... a;fi*)i FOR BANK USE ONLY WtUX Bank Ref. TT- a Rate 7.755 H07,755,000 0u j. it Commission in it Postsge/Cable HKD1? 0 JO 9- It Tot,l. moll M�W_ **-19 A I.D. No.•................................................................ 7� �� 4� i> f: Address:... For; THE NATION CO IWAL BANK,, LTD. .................................................................. 1 Tel: ........... 54.5...0003..............................'...,....._....... � a' - 393 .a. I ................_................._.............. . Authorised Signature . q% 'm WL 4 1il ,* t7 ix 49 ti A tt M il: U ROTE : This receipt is not valid unless signed by the officer of this Bank. td it W at F20,2 Sn! ,es ,a ,b. _ ..i..__ — L — stay 1 :1 , i `-49, Submitted into the public r)rni Cl,ii,e.,c> ('ommunitt' Center i.td. iE'Ct>>.d in cc, iirccli.Ort with `131 \.F lath Street, n i IF, . ;1 '1 1 3 2 . item 1 7 it r Hirai. Dear Sir:;/'1ladams , City Clerk The break ground ceremony of the "Chinatown" i,rc) jec t in Miami Florida, invested jointly by Miami Chin^se C�,mrrutiit3 Center Ltd. and China Tianjin International F,.onomic k. Technical Cooperation Engineering Construction Corporat ion, was held on December 18, 1992 and th(� f- ro.,ec t is going to be constructed within this year, The China Tianjin Municipal Government will give full suf)Port of thi project anti expect a successful completion of th.e "Chi Ila tuwn" F>r'U ject . Si ncere'. . TIANJ IN MUNICIPAL. C'orIsu'L of the People's Republic of Chid in 11ot1;tott. i INTERPRETED BY QI WEN -JI - F TIANJIN. CHINA State of Florida Dade County The foregoing instrument was 1511) day of Jun(.>, 1993 by Qi known to me. J))):))))))))YASEW NA cHAN 7bYiYhr', Nw �sy ('uhlk Stye of P Commisaan j My Cmisai0n Erpit taFO�'tcc. > 11ww Fla. tia+�' Sc� > 1.5403-NOTx��)JI)1 ncknowledged before me this Wen Jie, who is personal:• N, Xai V Public 93- 393 0 • • � � �-� � � L.�• : ubrnitfc(__ intro record, in coviiii,-,clion wl`lli AG �fl�� : item P7. _ 3 on. � - q - (1-3 Meaty Hirai Ciiy Clerk F= - ice. p .a t DQJA -T- 19 9 24-12 A 1811 *IT T 93- 393 y� • Florida International University April 23, 1993 Miller Dawkins City of Miami Commissioner 3500 Pan American Drive Miami Florida, 33133 Re: Miami ChinaTown Proiect Dear Commissioner Dawkins: rocord in co nllf c.i.G.i r; i • c i:h Hira; CitY Clerk It gives me great pleasure to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted to him by the Miami City Commission. We have no doubt in our mind that the Miami Chinatown Project will be a great impetus for the economic development for our community, for the advancement of tourism for our great city, and for the rejuvenation of our downtown location. There is no doubt that A Chinatown will help to attract more capital from China, Hong Kong and Taiwan. One can look at what Hong Kong capital has done to the development of the cities of Toronto and Vancouver in Canada. A Chinatown certainly will serve as a nucleus to attract such capital. Our natural environment is very likely to attract people from Hong Kong, Taiwan and South Asia because (1) our subtropical weather is similar to that of those regions and (2) our beautiful ocean scenery is most attractive to people from those regions. A great amount of capital has gone to California, but that region has become too expensive and people are going eastward. With such capital coming in, countless jobs will be created. It is no doubt that a beautiful Chinatown will be a great tourist attraction which certainly should be welcomed by our community. � School of Accounting • College of Business Administration University Park Campus, Miami, Florida 33199 • (305) 348-2581 • FAX (305) 348-2914 fyuJ Up,wnunny/Egwl A.— L"plo)" .d 1-."u"on 9 3— 393 Iy CiCrk The Chinatown Project will help to rejuvenate the Biscayne Boulevard area. The Boulevard is located in such beautiful location with the spectacular Biscayne Bay, it is a shame that such a region has been allowed to deteriorate to such a condition. We think it is unfair to Mr. Shih to stop his project on such a minor technicality. Also, we should put things into perspective; the boarded up buildings on that location are now eyesores which do not serve our community nor our tourist industry. We think the leaders in our great city should encourage and facilitate projects that will greatly benefit our community and not allow roadblocks to be thrown in front of them every inch of the way. Therefore, we plead with you that you reinstate the zoning variance previously granted to Mr. Shih and allow him to continue with his Chinatown Project. Sincerely yours, 1 l � Lucia S. Chang / Professor EJ 93- 393 -�4 s; NJ V� Florida International University April 23, 1993 J. L. Plummer Submitted into they public City of Miami Commissioner record in e-c�; ; �v c i i a T1 E v i A li 3500 Pan American nilve Miami Florida, 33133 i.tern PZ _ c1s_." Re: Miami ChinaTown Proiect Dear Commissioner Plummer: JV . C It gives me great pleasure to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for ,your approval to reinstate the zoning variance previously granted to him by the Miami City Commission. We have no doubt in our mind that the Miami Chinatown Project will be a great impetus for the economic development for our community, for the advancement of tourism for our great city, and for the rejuvenation of our downtown location. There is no doubt that A Chinatown will help to attract more capital from China, Hong Kong and Taiwan. One can look at what Hong Kong capital has done to the development of the cities of Toronto and Vancouver in Canada. A Chinatown certainly will serve as a nucleus to attract such capital. Our natural environment is very likely to attract people from Hong Kong, Taiwan and South Asia because (1) our subtropical weather is similar to that of those regions and (2) our beautiful ocean scenery is most attractive to people from those regions. A great amount of capital has gone to California, but that region has become too expensive and people are going eastward. With such capital coming in, countless jobs will be created.. It is no doubt that a beautiful Chinatown will be a great tourist attraction which certainly should be welcomed by our community. School of Accounting • College of Business Administration University Park Campus, Miami, Florida 33199 • (305) 348-2581 • FAX (305) 348-2914 , 3 _ 393 4yuil t)Eywnumry'1 qw! A.an I-n:pleycr urd In.nwixm The Chinatown Project will help to rejuvenate the Biscayne Boulevard area. The Boulevard is located in such beautiful location with the spectacular Biscayne Bay, it is a shame that such a region has been allowed to deteriorate to such a condition. We think it is unfair to Mr. Shih to stop his project on such a minor technicality. Also, we should put things into perspective; the boarded up buildings on that location are now eyesores which do not serve our community nor our tourist industry. We think the leaders in our great city should encourage and facilitate projects that will greatly benefit our community and not allow roadblocks to be thrown in front of them every inch of the way. Therefore, we plead with you that you reinstate the zoning variance previously granted to Mr. Shih and allow him to continue with his Chinatown Project. Submitted into the public Sincerely yours, record ��in �connectxon vvith item t� ' on Matty Hirul Lucia S. Chang City Cleric Professor 93- 393 Florida International University April 23, 1993 Victor Deyurre Submitted into the pu'-,)ic:: City of Miami Commissioner record in connecii_cn with 3500 Pan American Drive Miami Florida, 33133 item PZ ` oil Re: Miami ChinaTown Project Dear Commissioner Deyurre: tt y 1i1isui C'ii= C]erk It gives me great pleasure to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted to him by the Miami City Commission. We have no doubt in our mind that the Miami Chinatown Project will be a great impetus for the economic development for our community, for the advancement of tourism for our great city, and for the rejuvenation of our downtown location. There is no doubt that A Chinatown will help to attract more capital from. China, Hong Kong and Taiwan. One can look at what Hong Kong capital has done to the development of the cities of Toronto and Vancouver in Canada. A Chinatown certainly will serve as a nucleus to attract such capital. Our natural environment is very likely to attract people from Hong Kong, Taiwan and South Asia because (1) our subtropical weather is similar to that of those regions and (2) our beautiful ocean scenery is most attractive to people from those regions. A great amount of capital has gone to California, but that region has become too expensive and people are going eastward. With such capital coming in, countless jobs will be created. It is no doubt that a beautiful Chinatown will be a great tourist attraction which certainly should be welcomed by our community. School of Accounting • College of Business Administration University Part: Campus, Miami, Florida 33199 • (305) 348-2581 • FAX (305) 348-2914 9 3 _ 393 Fqual 111gwnunuyiVgwV P".. 1 ahl 11"Ull on F] PavQ 2 The Chinatown Project will help to rejuvenate the Biscayne Boulevard area. The Boulevard is located in such beautiful location with the spectacular Biscayne Bay, it is a shame that such a region has been allowed to deteriorate to such a condition. We think it is unfair to Mr. Shih to stop his project on such a minor technicality. Also, we should put things into perspective; the boarded up buildings on that location are now eyesores wliich do not serve our community nor our tourist industry. We think the leaders in our great city should encourage and facilitate projects that will greatly benefit our community and not allow roadblocks to be thrown in front of them every inch of the way. Therefore, we plead with you that you reinstate the zoning variance previously granted to Mr. Shih and allow him to continue with his Chinatown Project. Sincerely yours, Submitted into the pudic record in connection with - item P 7-- 3 on 'Lucia S. Chang Matty :rii:�a / ,, , .,� Professor Ci � Clc.ik 93- 393 .` � uL I f �l•_ Florida Internationa_1 University April 23, 1993 The Honorable Xavier Suarez Sub;niti_,e:,d into t le City of Miami Commissioner 3500 Pan American Drive record in eos�rs��c�ticn =Vi; i1 Miami Florida, 33133 item iL ' - on Z = Ike: Miami ChinaTown Proiect Dear Honorable Mayor Suarez: Y• m cwt- 7 1:-11 r cl i Ciiy Clerk It gives me great pleasure to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted to him by the Miami City Commission. We have no doubt in our mind that the Miami Chinatown Project will be a great impetus for the economic development for our community, for the advancement of tourism for our great city, and for the rejuvenation of our downtown location. There is no doubt that A Chinatown will help to attract more capital from China, Hong Kong and Taiwan. One can look at what Hong Kong capital has done to the development of the cities of Toronto and Vancouver in Canada. A Chinatown certainly will serve as a nucleus to attract such capital. Our natural environment is very likely to attract people from Hong Kong, Taiwan and South Asia because (1) our subtropical weather is similar to that of those regions and (2) our beautiful ocean scenery is most attractive to people from those regions. A great amount of capital has gone to California, but that region has become too expensive and people are going eastward. With such capital coming in, countless jobs will be created. It is no doubt that a beautiful Chinatown will be a great tourist attraction which certainly should be welcomed by our community. School of Accounting o College of Business Administration University Park Campus, Miami, Florida 33199 • (305) 348-2581 • FAX (305) 348-2914 93- 393 1q+1d Oppon.—yltj-j A— h,q4,? , and In -.. Page 2 The Chinatown Project will help to rejuvenate the Biscayne Boulevard area. The Boulevard is located in such beautiful location with the spectacular Biscayne Bay, it is a shame that such a region has been allowed to deteriorate to such a condition. We think it is unfair to Mr. Sliih to stop his project on such a minor technicality. Also, we should put things into perspective; the boarded up buildings on that location are now eyesores which do not serve our community nor our tourist industry. We think the leaders in our great city should encourage and facilitate projects that will greatly benefit our community and not allow roadblocks to be thrown in front of them every inch of the way. Therefore, we plead with you that you reinstate the zoning variance previously granted to Mr. Shih and allow him to continue with his Chinatown Project. Sincerely yours, Lucia S. Chang j Professor / Submitted into the public record in connection with item f�3 on 6- A 9- G 3 Matty Hirai City Clerk 93- 393 L.+ "Inter ��lfll /-n n nn Rrrt!uif!il nirrav e Ray 2301 NORMANDY DRIVE MIAMI BEACH, FLORIDA 33141 r,t,oie -;nr, Pht jF,t I April 28th, 1993 Ccmmissioner: J.L.Plummer Fax: 579-3334 3500 Fan American Drive Miami, Fl 33133 Re: Miami Chinatown Project We wish to express our support for Mr. Isaac Shih's Miami Chinatown project and to ask for your approval to re -instate the zoning variance previously granted by the Miami City Commission for the Chinatown project. We believe that it is necessary to set up a Chinatown community in Miami to mt.et the needs and expectations of Chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit, that it will stimulate economic development and tourisim. Sincerely, Shih Ming Che:n,owner Submitted into the public record in connection with item PZ - 3 on Ma.tty Hirai City Clerk 0 93-- 393 �T#V I }1 elf /flfl On Btnvtifv! Biiravn, Pay 2301 NORMANDY DRIVE MIAMI BEACH, FLORIDA 33141 Mr. Victor Deyurre Fax: 8-56-5230 3500 Pan American Drive Miami, F1 33133 Re: Miami Chinatown Project April 28th, 1993 We wish to express our support for Mr. Isaac Shih's Miami Chinatown project and to ask for your approval to re --instate the zoning variance previously granted by the Miami City Commission for the Chinatown project. We believe that it is necessary to set up a chinatown community in Miami to mE:et the needs and expectations of chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit, that it will stimulate economic development and tourisim. Sincerely, Shih Ming Chen,owner Submitted into the public record in connection with item _ 7- -3 on ,, - ol Q •qt 3 Y',-Aty Hirai C. 93- 393 InnOn B,auN/al Bi,tnyn, Bay 2301 NORMANDY DRIVE MIAMI BEACH, FLORIDA 33141 Ms. Miriam Plonso Fax; 250-5456 3500 Pan American Drive Miami, Fl 33133 Re: Miami Chinatown Project April 28th, 1993 We wish to express our support for Mr. Isaac Shih's Miami Chinatown project and to ask for your approval to re -instate the zoning variance previously granted by the Miami City Commission for the Chinatown project. We believe that it is necessary to set up a chinatown community in Miami to mt:et the needs and expectations of chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit, that it will stimulate economic development and tourisim. Sincerely, Shih Ming Chen,owner Submitted into the public record in connection with item f 2 - 3_ on fv�=9 Matty Hirai City Clerk U 93- 393 .—•_..••-,=m»�... �T—.. dam,.,, �._.— r InInte/ ��l 117,0 fn Bea"fifu! Bifr'v"r ILry 2301 NORMANDY DRIVE MIAMI REACH, FLORIDA 33141 Mr. Miller Dawkins Fax; 250-5386 7,500 Par. American Drive Miami, Fl 33133 Re: Miami Chinatown Project April 28th, 1993 We wish to express our support for Mr. Isaac Shih's Miami Chinatown project and to ask for your approval to re -instate the zoning variance previously granted by the Miami City Commission for the Chinatown project. We believe that it is necessary to set up a chinatown community in Miami to mt:et the needs and expectations of chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit, that it will stimulate economic development and tourisim. Submitted into the public Sincerely, Shih Ming Chen,Owner record in connection with itemP2 -3 on6-zq-g3 Matty Hiaai City Cleik 93- 393 I 117n On Benwifol Birenyne Bnv 2301 N0RMANDY DRIVE MIAMI BEACH, FLORIDA 33141 Mayor Xavier. Suarez Fax; 854-4001 3500 Pan American Drive Miami, Fl. 33133 Re: Miami Chinatown Project April. 28th, 1993 We wish to express our support for Mr. Isaac Shih's Miami Chinatown project and to ask for your approval to re -instate the zoning variance previously granted by the Miami City Commission for the Chinatown project. We believe that it is necessary to set up a chinatown community in Miami to m(-.et the needs and expectations of chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit, that it will stimulate economic development and tourisim. Sincerely, Shih Ming Chen,Owner Submitted into the public record in connection with item Pz - 3 on � - 9 3 9j Nlatty Hirai City Clerk 93-- 393 a A A` 11, I.[ �'!n947, A i 1`14. Ty�rr', RICA77 1 �gT Y� .gH. A iNJ ��" h AK OLP 1.( +�. 290 Ghamher Roars, S?a e iM 700, Miami, Flo; ids Mayor Xavier Suarez Commissioner: J. L. Plummer Miller Dawkins Miriam Alonso Victor Deyurre 3500 Pan American Drive Miami, FL 33133 April 20, 1993 Rei Miami Chinatown Project TaI'(39 5)9,14- 7 7 70 Fsx-(.305)944-3411 Fax:854-4001 Fax:579-3334 Fax:250-5385 Fax:250-5456 Fax:856-5230 Submitted into t1fl.e public records in conneclion with item r _ on. _�?-2—q_- I_3 City clerli on behalf of Chinese American Chamber of Commerce of South Florida, I wish to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted by the Miami City Commission for the Chinatown project. I believe that it is necessary to set up a Chinatown community in Miami to meet the needs and expectations of Chinese and residents in this community. A Chinatown in local community. will help and create more job opportunities for the local community. Besides, Miami itself will also benefit that it will stimulate economic development and tourism. Sincerely, PesdiLai th ident 93-393 - 4� I~ f .__ c .__ f� r- T 1 .T IA P T T f I I_- +� I: sz, F S 0 _ y Merchant' ASS11. 1750 WEST FLAGLER STREET MIAMI, FLORIDA 33135 TEL. 130!3) 049.3309 • 642-9246 Mayor Xavier Suarez Commissioner: J. L. Plummer Miller Dawkins Miriam Alonso Victor Deyurre 3500 Pan American Drive Miami, FL 33133 April 20, 1993 Re: Miami Chinatown Project Fax:854-4001 Fax:579-3334 Fax:250-5386 Fax:250-5456 Fax:856-5230 Submitted into the pu)-,i�� rI _ s? 1 record in connection ,-with item. PZ 3 on ,`S"].ity iTiYC:l C1Jy CIO-, On behalf of On Leong Chinese Merchant's Association, I wish to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted by the Miami City Commission for the Chinatown project. I believe that it is necessary to set up a Chinatown community in Miami to meet the needs and expectations of Chinese and residents in this community. A Chinatown in local community. will help and create more job opportunities for' the local community. Besides, Miami itself will also benefit that it will stimulate economic development and tourism. Sincerely, F e l i p er1gr ESE MFR�y,IyT� 4 Pros s y53'ii�;1' ' 93- 393 1750 W. Flagler Street lAlaml, Florida 33135 NATIONAL CHINESE WELFARE COUNCIL Mayor Xavier Suarez Commissioner: J. L. Plummer Miller Dawkins Miriam Alonso Victor Deyurre 3500 Pan American Drive Miami, FL 33133 April 20, 1993 Re: Miami Chinatown Project Fax:854-4001 Fax:579-3334 Fax:250-5386 Fax:250-5456 Fax:856-5230 1-. _ 1 :- Telephone: (305) 449-3309 Submitted into the pudic record in connection 0-i item PP :L3 on ` 2 �9_ 3 . M(atty C1y on behalf of National Chinese Welfare Council, I wish to express our support for Mr. Isaac Shih's Miami Chinatown Project and to ask for your approval to reinstate the zoning variance previously granted by the Miami City Commission for the Chinatown project. I believe that it is necessary to set up a Chinatown community in Miami to most the needs and expectations of Chinese and residents in this community. A Chinatown in local community will help and create more job opportunities for the local community. Besides, Miami itself will also benefit that it will stimulate economic development and tourism. Sincerely, 1 Patrick Li President 93- 393 U C.ESAR H. ODtO CITY MAh1AGEP June 11, 1993 Mr. Joaquin G. Avino, P.E., P.L.S. County Manager Metropolitan Dade County 111 N.W. 1st Street Miami, Florida 33128 La n 0 POy 33070P MIAMi, TL.On1D0. 33233-07^8 70n..250-5400 �A*l 305-2P5-1P35 Re: Proposed Intermodal Container Transfer Facility (ICTF) Seaport Department Land Acquisition Dear Mr. Avino: I am extremely disappointed that the County Administration would present legislation to the Hoard of County Commissioners requesting full and final authorization to acquire and/or condemn 110 acres of land within the City of Miami without any prior, notification or discussion with City officials or affected property owners and tenants. As we understand the proposal, the area to be acquired is bounded by N.E. 36th Street, N.E. 2nd Avenue, North Miami Avenue and N.E. 20th Street, less the F.E.C. Railway property which will be redeveloped by F.E.C. in cooperation with the Seaport. Our data indicates that the affected property contains well over 100 individual businesses and housing units occupied by a total of 663 persons. A majority of those residents are below poverty level. Impacts from the proposed ICTF, both positive and negative, would likely extend far beyond the immediate borders of the site. Due to the objections of City of Miami NET Administrator, Luis Carrasquillo, and numerous representatives from the affected neighborhood, the County Commission postponed action on the proposal for at least 30 days. The community is understandably outraged and is actively gathering support to oppose the project. The City Administration cannot intelligently and responsibly develop recommendations with the information we have, which is limited to your memo to the Commission and two newspaper articles. Following is a list of questions that we have as a beginning point for analysis of the proposed ICTF. 1. Rail Impacts What is the projected daily frequency of freight train service to and from the North in 5 years? 10 years? 15 years? How would the noise impacts and traffic impacts be La Pa pr, Twc> LetS-.er tn_ ,Tr»�tli i_n A"1.r1C) June 11, }o9? Will containers be transported between the ICTF and the port by rail? If so, what would be the daily schedule of freight trains traveling between the ICTF and the port in 5 years? 10 years? 15 years? Would the rail connection be the existing F.E.C. tracks along N.W. 1st Avenue and N.W./N.E. 6th and 7th Streets? How would the noise impacts and traffic impacts be addressed in Southeast Overtown/Park West Overtown, and Wynwood/Edgewater? How would these freight trains affect the Miami Arena, Biscayne Boulevard and Bayside? 2. Truck Impacts How many trucks are projected to arrive and depart from the proposed ICTF on a daily basis within 5 years? 10 years? 15 years? What is the proposed route for truck traffic between the ICTF and the regional expressway system? What improvements are planned for the expressway ramps and arterial streets to handle the additional truck traffic? Where would the entrances to the ICTF site be located? 3. Employment/Business Impacts How many new jobs would be created in the proposed ICTF? Who would be responsible for hiring these new employees? What assurances can be made that these jobs would be given to City of Miami residents? What plans does Metro -Dade County have to assist with the relocation of businesses that would be displaced by land acquisition for the proposed ICTF? How would the proposed ICTF relate to and/or benefit the Wynwood Free Trade Zone? How would it relate to and/or benefit other businesses in the area? 4. Resident Impacts What plans does Metro -Dade County have to assist with the relocation of residents that would be displaced by land acquisition for, the proposed ICTF? 5. Visual Impacts What plans does Metro -Dade County have to minimize the visual impacts of the proposed ICTF on the adjacent neighborhoods? i__",��� Page Th r — Letter to Jaoquin Avino June 1 1 , 1993 6. Land Use Impacts Several private transport companies currently using land on the Port of Miami. for storage/staging of containers have contacted the City to inquire about land use/zoning restrictions on transport and container storage. Have such businesses been notified that they must leave the Port of Miami and find land of their, own to conduct business? How many businesses are involved and how much acreage may be needed? Would these same businesses eventually be incorporated within the proposed ICTF, if it is completed? 7. Ad Valorem Tax Impacts How does Metro -Dade County intend to compensate the City of Miami for the loss of tax revenue from the property proposed to be acquired for the ICTF? We would appreciate the courtesy of a response to these questions prior to the public meeting scheduled by Commissioner Ferre's office on June 16th, in the Wynwood neighborhood. Sin -?ely, Cesar H. Odio City Manager cc: The Honorable Xavier L. Suarez, Mayor, City of Miami The Honorable Victor De Yurre, Vice -Mayor Commissioner Miriam Alonso Commissioner Miller J. Dawkins Commissioner J.L. Plummer Herb Bailey, Assistant City Manager Sergio Rodriguez, Assistant City Manager Carlos F. Smith, Assistant City Manager Luis Carrasquillo, Administrator of Wynwood/Edgewater NET Armando Rodriguez, Edgewater Economic Development Corp.