HomeMy WebLinkAboutR-92-0268J-92-296
4/30/92
92— 268 —
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE
CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE
BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION
NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED
BY RESOLUTION NO. 91-779, ADOPTE?1 OCTOBER 24,
1991, WHICH GRANTED A VARIANCE FROM ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY DELETING THE
CONDITION WHICH REQUIRED THAT THE CITY BE PLACED
IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH
THE BISCAYNE BOULEVARD PROPERTY AND THE
NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO
LESS THAN $250,000 AND REQUIRING THAT THE
APPLICANT POST AN AMOUNT OF $250,000 IN CASH, ON
OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; BY CHANGING THE DATE BY
WHICH THE CONSTRUCTION OF THE SECOND PHASE OF
THE APPLICANT'S PROJECT SHALL COMMENCE; BY
DELETING THE CONDITION OF SAID VARIANCE WHICH
REQUIRED THE CITY OF MIAMI ("CITY")
ADMINISTRATION AND THE CITY ATTORNEY TO PROVIDE
ASSURANCES TO THE CITY COMMISSION THAT, "THE
CITY IS GUARANTEED AN EQUITY IN EXCESS OF
$250,000"; CLARIFYING THAT ALL PLANS AND PERMITS
SHALL BE KEPT IN ESCROW BY THE PLANNING,
BUILDING AND ZONING DEPARTMENT AND THAT NO
DEMOLITION OR CONSTRUCTION SHALL TAKE PLACE AT
THE BISCAYNE BOULEVARD PROPERTY OR AT THE
NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME
THAT THE APPLICANT POSTS SAID $250,000, PAYS
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, AND THAT THE PLANNING,
BUILDING AND ZONING DEPARTMENT APPROVES THE
FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD
THE APPLICANT FAIL TO POST SAID $250,000, PAY
ALL FEES DUE, OR OBTAIN APPROVAL OF THE FINAL
BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992,
THE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS
AMENDED BY RESOLUTION NO. 91-779, SHALL EXPIRE;
FURTHER, BY DELETING THE CONDITION THAT A
CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE
POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD
PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY
BE RECEIVED BY THE CITY ATTORNEY.
ATTACHMENT (S)
CONTAIHE®
CITY COMMISSION
MEETING OF
APR 3 0 1992
evolution 6.
9 �8
�y
e
— 4/30/92
92_. `68
RESOLUTION NO.
—' A RESOLUTION, WITH ATTACHMENTS, CONCERNING THE
-j CHINATOWN PROJECT, LOCATED AT 1801-1859 BISCAYNE
_ BOULEVARD, MIAMI, FLORIDA, AMENDING RESOLUTION =
-( NO. 91-92, ADOPTED JANUARY 24, 1991, AND AMENDED
BY RESOLUTION NO. 91-779, ADOPTED OCTOBER 24,
1991, WHICH GRANTED A VARIANCE FROM ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY DELETING THE
CONDITION WHICH REQUIRED THAT THE CITY BE PLACED
IN A POSITION OF MORTGAGEE WITH RESPECT TO BOTH —
THE BISCAYNE BOULEVARD PROPERTY AND THE
NORTHEAST 4TH AVENUE PROPERTY FOR AN AMOUNT NO
_f LESS THAN $250,000 AND REQUIRING THAT THE
I APPLICANT POST AN AMOUNT OF $250,000 IN CASH, ON
�j OR BEFORE AUGUST 30, 1992, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY; BY CHANGING THE DATE BY
WHICH THE CONSTRUCTION OF THE SECOND PHASE OF
—=� THE APPLICANT'S PROJECT SHALL COMMENCE; BY
DELETING THE CONDITION OF SAID VARIANCE WHICH
REQUIRED THE CITY OF MIAMI ("CITY")
ADMINISTRATION AND THE CITY ATTORNEY TO PROVIDE
ASSURANCES TO THE CITY COMMISSION THAT, "THE
CITY IS GUARANTEED AN EQUITY IN EXCESS OF -
- $250,000"; CLARIFYING THAT ALL PLANS AND PERMITS —_
_ SHALL BE KEPT IN ESCROW BY THE PLANNING,
BUILDING AND ZONING DEPARTMENT AND THAT NO
DEMOLITION OR CONSTRUCTION SHALL TAKE PLACE AT
THE BISCAYNE BOULEVARD PROPERTY OR AT THE _-
-s NORTHEAST 4TH AVENUE PROPERTY UNTIL SUCH TIME
THAT THE APPLICANT POSTS SAID $250,000, PAYS
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, AND THAT THE PLANNING,
BUILDING AND ZONING DEPARTMENT APPROVES THE
FINAL BUILDING PERMIT; CLARIFYING THAT, SHOULD
THE APPLICANT FAIL TO POST SAID $250,000, PAY
ALL FEES DUE, OR OBTAIN APPROVAL OF THE FINAL
BUILDING PERMIT ON OR BEFORE AUGUST 30, 1992,
THE VARIANCE GRANTED BY RESOLUTION NO 91-92, AS
AMENDED BY RESOLUTION NO. 91-779, SHALL EXPIRE;
FURTHER, BY DELETING THE CONDITION THAT A
CURRENT APPRAISAL AND A CURRENT TITLE INSURANCE r
POLICY PERTAINING TO BOTH THE BISCAYNE BOULEVARD
PROPERTY AND THE NORTHEAST 4TH AVENUE PROPERTY
BE RECEIVED BY THE CITY ATTORNEY.
ATTACNMENT(5)
CONTAINED
CITY COMMISSION
MEETING OF
APR 3 0 1992
asolution 2 6.8
WHEREAS, the City Commission at its meeting of
January 24, 1991, adopted Resolution No. 91-92 granting a
variance from Ordinance No. 9500, as amended, the Zoning
Ordinanoe of the City of Miami, Florida, subject to certain
conditions set forth in said Resolution, a copy of whioh is
attached hereto as Exhibit "A"; and
WHEREAS, the City Commission at its meeting of
October 24, 1991, adopted Resolution No. 91-779 granting the
applioant's request to amend Resolution No. 91-92 subjeot to
certain conditions set forth in said Resolution, a copy of which
is attaohed hereto as Exhibit "B"; 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 set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion 1. The reoitals 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.
Seotion 2. Resolution No. 91-92, adopted
January 24, 1991, is hereby further amended in the following
particulars:I/
Words and/or figures stricken through shall be deleted.
Underscored words and/or. figures. shall be added. The
remaining provisions are now in effsot and remain unohanged.
Asterisks indioate omitted and unhinged material.
-2-
92-- 268
s s s
Section 2. The decision of the Zoning Board in
this matter is affirmed and the request for a variance
from Ordinance No. 9600, 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 Off -Street Parking
Requirements," and Article 20, Section 2008, Subsection
2008.9.2.1, Section 2013 and Section 2023, Subsection
2023.4, to thereby allow the construction of a 70,028
square foot commercial building; providing zero (0) of
316 re ired off-street parking spaces; zero (0) of
three F)required off-street loading bays; 0' front
setback (10' required); 0' side street yard (7.5'
required); 8' side yard (42.9' required); 88%/31,639
square feet open space (64%/34,970.21 square feet
required); 17%/9,200.43 square feet of pedestrian open
space (21%,'11,474.6 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 Traot A,
Tentative Plat No. 1380 - "CHINATOWN", as per plans on
file dated November 7, 1990, is hereby granted, said
variance having a time limitation until March 2, 1991
in which a building permit must be obtained, and being
conditioned upon the following: (1) the 80 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 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, 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 a000rdanee 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-referenoed 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, whereby the
applicant agrees that the property will be subject to
the herein listed oonditions subject to the approval of
the City Attorney waiving, however, the requirement
that all mortgagees join in said covenant, must be
filed in the Public Records of Dade County, Florida;
-3-
92- 268
said variance being also conditioned upon the City
aajRscant posUng an amount n t
$250,000 in cash, on or before August a.Q,
1992. in a form agoeptable to __the City Attorney for a
period of three years following the adoption date of
this Resolution to guarantee that the required parking
will be provid`d and that the construction of the
second phase of the applicant's project will be
commenced, said construction to commence within three
years following the date of the adoption of this.
Resolution
for the ftrst phase of the project; saxtd Amendnent to
excess of $250,000, and further conditioned upon all
a film
• - it on or before
T - • L
conditioned upon receipt by the City Aitorney of the
following documents pertaining to both the • :. • •
Boulevard Property and • C Northeast •Avenue
copy of - tusuranoe • • s • in
• n acceptable to the City Attorney; a• • • • such
other matters may • -required by • - Administration
• the • Attorney.
Section 3. This Resolution
immediately upon its adoption.
-4-
shall become effective
92- 268
PASSED AND ADOPTED this Nth day of
ATT S '
MA HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY AT
IAA/ ebg
s/M2888
1992.
7-%VIER L . WAREZ . MAYOR
a P R - 91
J•91-57(a)
1/24/91
! A T • d t i 2 4
RESOLUTION NO, 4 J - 92
A RESOLUTION DLNYZMG THE APPEAL FROM AND AFFIMING
THE DECISION OF TME ZONING BOARD TO GRANT
A VARIANCE FROM ORDINANCE No. 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAM1, FLORIDA,
SCHEDULE OF DISTRICT REGULATIONS, PAQE 4 OF 6,
"HZNIKUM OPEN SPACE REQUIREMENTS", AND 'MINIMUM
OFTST11tiT PARKING REQUIREMENTS,' AND ARTICLE 20,
SECTION 2001, SUBSECTION 2001.9.2.It StCTION 2013
AND SECTION 2023, SUBSECTION 2023.4, TO THEREBY
ALLOW THE CONSTRUCTION OP A 70,029 SQUARE FOOT
COMMERCIAL BUILDING$ PROVIDZHG$ SmRO (0) or 316
REQUIRED OFTSTREET PARKING SPACES, EERO (0 OF
TMRtt (3) REQUiREO OTFSTRtET LOADIP0 SAYSI 0' ;RONT
SETBACK (10' REQUIRED)M 0' SIDS STREET TARO (7.5'
REQUIREDtM 8' Riot YARD (42.9' REQUIRED)1
Si4/31,679 SQUARE PEST OPEN SPACE (640/34,970.21
SQUARE FEET RBQUIREO)j 179/9,200.42 SQUARE PELT OP
PEDESTRIAN OPEN SPACE (21%/11,474.6 SQUARE FEET
REQUIRED)7 ASO ELZNIMATING THE REQUZRSD VISION
CLEARA.NCS AT THE INTERSECTION OP BISCAYNE BOULEVARD
AND NORTHEAST 18TH STRXIT FOR THE PROPERTY LOCATED
AT 1801.1039 BISCAYNE BOULEVARD, MIAMI, FLORIDA,
ALSO DESCRISEO AS TRACT A, TENTATIVE PLAT NO.
1380 - "CHIHATOWN', AS PER PLANS ON FILE DATED
NOVEMBER 7, 1990, SAID VARIANCE WAVING A TIME
LIMITATION UNTIL NARCH 2, 1991 IN WHICH A BUILDING
PERMIT MUST BE OBTAINSO, AND BEING CONDITIONEO UPON
THE FOLLOWING$ (1) T118 80 PARKING SPACES AS
INDICATED ON PLANS ON PILE DATED NOVEMBER 70 194)
MUST It PROVIDED ON THE BACK PORTION 0! THE BLOCK
(TME NORTHEAST 4TH AVENUE PROPERTY)M (2) PARKING
SPACES (AS PLR PLANE ON PILE DATED NOVEMBER 7,
I190)) MUST SE PROVIDED PRIOR TO ISSUANCE OP
CERTITICAT8 OF OCCUPANCY$ (3) A UNITY OF TITLE FOR
TRACT A, WMEREBY THE NORTHEAST 47H AVENUE FROPSRTY
SMALL NOT BE SOLD SEFARATELY FROM THS BISCAYNE
BOULEVARD PROPERTY, MUST BE PROVIDED PRIOR TO
ISSUANCE OF A BUILDING PERMIT/ (4) IN THS EVENT
THAT THE APPLICANT PROVIDES THE 60 PARKING SPACES
AT AN ALTERNATE LOCATION IN ACCORDANCE WITH
APPLICABLE CITY CODE PROVISIONS AND RBOULATIAN8,
THE APPLICANT SHALL BE EXEMPT FROM; THE REQUIREMENT
THAT THESE SPACES BE PROVIDED ON THS BACK PORTION
OF THE BLOCRI 13) SAID PLAN MUST RECEZVB LANOSCAPS
PLAN APPROVAL BY THE PLANNING, BUILDING AND SONING
DEPARTMENT OF THE CITY OF MIAMI, FLORIDAM (4) ANY
REQUEST FOR CHANGES TO THE NEREIN•REFERENCEO Pt"
FOR PARKING SPACES MUST BE PRSS9MTE0 AT A PUBLIC
NEARING OF THE SONINO BOARD, @AID RSQUSST FOR
PUBLIC REARING TO BE INITIATED AND PAID FOR BY THS
APPLICANT/ AND (7) A COVENANT SUBJECT TO TME
APPROVAL OF THE CITY ATTORNEY, WHEREBY THS
APPLICANT AGREES THAT THE PROPERTY WILL BE SUBJECT
TO TN8 HEREIN LISTED CONDITIONS♦ RUST BE FILED IN
TME PUBLIC RECORDS OF OAOS COUNTY, FLORIDA$ SAID
VARIANCE BEING ALSO CONDITIONED UPON THS APPLICANT
POSTING A FERPORMANCE BOND OR LETTER OF CREDIT III
THE AMOUNT OF $350,000.00 VALID FOR A PERI00 OF
THREE YEARS PoLLOWINs THE DATE of THE ADOPTZOM OF
THIS RESOLUTION TO GUARANTXX THAT SHE REQUIREO
PAnima WILL BE PROVIDED AND THAT THE CONSTRUCTION
OF TME SECOND PRASE OF TME APPLICANT'S PROJECT WILL
at CoMMENctO.
9i- 779
CJ?Y =rs.=s10N
r fi:. 11 AT
::u " *91
JI- 92
% a
i
.ExN-%% Ir**"" "
92- 268
• ArRl�11 spoT 4 ! 22
WHEREAS, the Miami toning board at its meeting of
D!C*mber 3, 1990, Item NO. 2, duly adopted Resolution to Ill-90
by a six to taro (6-0) vote granting a variance as hereinafter
set forthl and
WHEREAS, the Planning, Building and toning Department of the
City of Miami has taken an appeal to the City Commission from the
grant of the variances and
WHEREAS, the City Com Lasion, after careful consideration of
this matter finds that there are peculiar circumstances affecting
this parcel of land and that practical difficulties and
unnecessary hardships exist which would repair the owners right
to the reasonable use of the property without the grant of
variance+ as hereinafter set forthW
NOW, THEREFORE, iE IT RESOLVED ST THE COMMt;:2011 OF THE CITY
OF MIAMI, tLORIOA#
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as it fully set forth in this
Section.
section 2. The decision of the toning board in this
matter is affirmed and the request for a variance from ordinance
Ito. 9300, as amended, the Soninp ordinance of the City of Miami,
Florida, Schedule of District Regulations, role 6 of S, 'rilnimuM
Open Space R*quirs"nts•# and •Minim m Offstreet Parking
Requirements,• and Article 20, Section 2001, Subsection
2005.9.2.1, ;action 2012 and Section 2022, Subsection 3022.4, to
thereby allow the constructson'of a 70,025 aqua" foot comeretal
buildingt providing tare (0) of 316 required offetrest parking
spacesf sero (0) of throw (2) required offstrest loading baysi 0•
front setback (10, requirsd)o 01, side street yard (7.3•
regairod)l S' side yard (42.9, rwpired)i 560/31#639 square feet
open space (441/24,070.21 square feet rwpLred)p 171/9,200.62
square toot of pedestrian open space (210/i1,474.6 aquae* feet
. WPRs-s s soT s ass
Ob . 6 4
requited)) and eliminating the required vision clearance at the
Intersection of Biscayne boulevard and Northeast 18th Street for
the property located at 1801-1999 Biscayne Boulevard, Miami,
Florida, also described as Tract A, 'tentative slat Nv. 1190 -
-CHINATOWN-, as per plans on file dated November 7, 1990, is
hereby granted, said variance having a ti" limitation until
March 2, 1991 in which a building permit must be obtained, and
being conditioned upon the toilowingi (1) the 90 parking spaces
(as indicated on plans on ails dated November 70 1990) must be
provided on the back portion of the block (the Northeast 4th
Avenue property)y (2) parking spaces (am per plane on file dated
November 70 1990) must be provided prior to issuance of
Certificate of Occupancyl (7) a Vnity of Title for Tract A,
whereby the Northeast 4th Avenue property shell not be sold
separately from the Biscayne boulevard property, must be provided
prior to issuance of a building( permitb (f) in the event thgt the
applicant provides the 60 parking spaces at an alternate location
A 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;
(S) said plan must receive landscape plan approval by the
Planning, Building and Zoning Department of the City of Miami,
Florida= (i) any request for changes to the herein-sefesonced
plan for parking spaces must be presented at a public hearing of
R the Zoning Board, said request for public hearing to be initiated
and paid for by the opplteantl and (7) a covenantp whereby the
applicant agrees that the property will be subject to the heroin
listed conditions subject to the approval of the City Attorney,
smut be filed in the hiblia PACords of Bade County, Florida; said
variance being also conditioned upon the applicant posting a
performance bond or letter of credit in the amount of 42308000.00
Valid for a period of three Years following the date of this
Resolution to guarantee that the requised parking will be
provided and that the construction of the second phase of the
applicant-e project will be commenced.
-3- 4i 92
A a 9i— 779
= 92-- 268
APt9�71 !AT 6lYS ►O'S
Seetien 3, This Resolution shall became effective
immediately upon its adoption.
PASSC0 AJ40 ADOPTED this 2, day of , 1991.
v oR
ATT T
CITY CLERK
PREPAR60 AND APPROVED 871
CM1tP ASSISTANT CITY 11TZ'0RNSY
APPROVED AS To FORM AND CORACCTNtSSe
.A f% N ! t
CIZY ATTOR SY
GMM/rma/ib/Ki974
A
9 J - 92
91- 779
92- 268
.J-91-756
10/24/91
RESOLUTION NO. y ( 9
A RESOLUTION WITH ATTACHMENT CONCERNING THE
CHINATOWN PROJECT, LOCATED AT 1801-1859
BISCAYNE BOULEVARD, MIAmr, FLORIDA, AMENDING
RESOLUTION NO. 91-92, ADOPTED JANUARY 24,
1991, WHICH 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 THE
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 COMMENCED; FURTHER BY ACCEPTING IN LIEU OF
SAID BOND/LETTER OF CREDIT REQUIREMENT THAT
THE CITY BE PLACED IN A POSITION OF MORTGAGEE
WITH RESPECT TO BOTH THE BISCAYNE BOULEVARD
PROPERTY AND THE NORTHEAST 4TH AVENUE
PROPERTY; FURTHER BY CHANGING THE REQUIRED
DATE BY WHICH CONSTRUCTION OF PHASE II SHALL
BE COMMENCED 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
FIRST PHASE OF THE PROJECT; FURTHER BY
WAIVING THE REQUIREMENT THAT ALL MORTGAGEES
JOIN IN THE COVENANT REQUIRED OF THE
APPLICANT; FURTHER CONDITIONED UPON THE CITY
ADMINISTRATION AND THE CITY ATTORNEY
PROVIDING ASSURANCES TO THE CITY COMMISSION
THAT, BY BEING PLACED IN SAID POSITION OF
MORTGAGEE, THE CITY IS GUARANTEED AN EQUITY
IN EXCESS OF $250,000.
WHEREAS, the City Commission at its meeting of January 24,
1991, adopted Resolution No. 91-92 granting a variance from
G - a z l.4asai'
CITY CGmT� ►SI0N
NEM11IG OF
OCT 24 19%
51- 779
enawnea e..
x ri- t b I -r- 6 ,,
Ordinance No. 9500, as amended, the Zoning Ordinance of the City
of Miami, Florida, as set forth in said Resolution a copy of
which is attached hereto as Exhibit "A"; and
! WHEREAS, said variance was granted subject to certain
R
i conditions set forth in said Resolution; and
f
WHEREAS, the applicant requests relief from the requirement
that a performance bond or letter 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. 91-92; and
WHEREAS, the applicant requests, in lieu of said bond/letter
of credit requirement, that the City' be placed in a position of
mortgagee with respect to both the Biscayne Boulevard property,
and the Northeast 4th Avenue property; 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
first phase of the project; and
WHEREAS, the City Commission, after careful consideration of
this matter agrees to grant the applicant's requests and to amend•
Resolution No. 91-92 subject to certain conditions as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP THE CITY
OF MIAMII# FLORIDA:
-2-
92--
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 amended in the following particulars:i/
"Section 2. The decision of the Zoning
Board in this matter is affirmed and the request
for 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 2008, Subsection 2008.9.2.1,
Section 2013 and Section 2023, Subsection 2023.4,
to thereby allow the construction of a 70,025
square foot commercial buildings providing zero
(0) of 316 required offstreet parking spaces; zero
(0) of three (3) required offstreet loading bays;
0' front setback (10' required)= 0' side street
yard (7.5' required); 8' side yard (42.9'
required); 588/31,639 square feet open space
(648/34,970.21 square feet required); 17t/9,200.43
square feet of pedestrian open space (21t/11,474.6
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, Plorida, also described as Tract
A, Tentative Plat No. 1380 - "CHINATOWN", as per
plans on file dated November 7, 1990, is hereby
granted, said variance having a time limitation
until March 2, 1991 in which a building permit
must be obtained, and being conditioned upon the
following: (1) the 80 parking spaces (as
indicated on plans on file dated November 7, 1990)
must be provided on the back portion of the block
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
-3- :i a " 779
92— 268
(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 Occupancyi (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, whereby the
applicant agrees that the property will be subject _
to the herein listed conditions subject to the
approval of the City Attorney waiving, however
the requirement that all mortgagees join in saik-
covenant,, must be filed in the Public Records o
Dame County, Florida; said variance being also
conditioned upon the City being laced in a
position of mortgagee with respect to of t e
Biscayne Boulevard proeerty and the Northeast 4th
Avenue property for an amount not less t an
oral-#d for a period of three years following the
date of this Resolution to guarantee that the
required parking will be provided and that the
construction of the second phase of the
applicant's project will be commenced, said
construction to commence within three zears
followinq t o date SE--Issuance—of a f1na17
certiricate of occupancy for the first 12hase of
the pro ect; said Amendment to Variance be no
G
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ac
of mortgagee with respect to both the Biscavne
boulevard Property and the Northeast 4th Avenue
Property, the Citv is guaranteed an equity in
[•TiT• s�=:�Z�
-4-
91-- 779
92- 268
AttorneX of the following documents pertaining to
both the Biscayne Boulevard Property_and t e
Northeast 47th Avenue property: (a) a current
=� appraisal-, b) opinion of title; c co o
current title nsurance policy, all In a form
acceptable to the City Attorney; an ) such =_
of er matters as maX be required by the
Administration and the City Attorney. - -
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 24th day off /October , 1991.
ATTEST:
MAT Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
1p, , �,, - atek
IRMA M. ABELLA
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A QU , JON S
CITY A TORN Y
IMA/lb/gmb 2489
- ys
91- <<9
92- 268
i�
4WP wig
CITY OF ti11AMl, FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members DATE : FILE .
of the City Commission
SUBJECT : Chinatown Project Amendment:
1801-59 Biscayne Boulevard
FROM REFERENCES. Resolution 91-779
Cesar N. Odio October 24, 1991
City Manager ENCLOSURES
RECOMMENDATION
It is respectfully recommended that the City Commission amend Resolution 91-779,
in order to clarify that the developer's existing equity in this property has to
be readily accessible to the City without the necessity of undertaking any
litigation or incurring any expenses to pay off the first and second position
mortgages, per the attached resolution.
BACKGROUND
ii
The Administration considers that it is necessary to review the conditions of the
variances granted for this project in order to clarify the risks involved in
assuming a third mortgage position.
C�
In approving certain variances for parking and loading, as embodied in Resolution
91-92, January 24,. 1991, as amended by Resolution 91-779, October 24, 1992, the
City:Commission demanded certain monetary assurances from the developer so that
adequate parking would be provided in case that the developer could not build
.adequate parking for the project, or failed to commence construction on the second
.phase of the project within the established time frame.
%On October-24, 1991, the City Commission instructed the Law. Department and the
Administration to review the equity offered by the developer to determine whether
the City's monetary assurances were adequately protected.
Both the Law Department (see enclosed memorandum) and the Administration believe
that_-although'there is enough developer's equity, the City would have to pay off
the -existing first -and second position mortgages of approximately $2 million, in
order. .to'�be,-able 4.to access the $250,000 monetary assurance offered by the
applicant,:at.the possible cost and time of litigation.
Tor Jurther,.information .of the Commission, the effective date of the :partial
-.demolition permit to:..be issued on. this property,, and the issuance. of a foundation
permit i'or.:the' new building, have.been.delayed pending this consideration.-
92
2 G-8,
CITY OF %11AMI, FLORIDA 0 "
INTER=OFFICE' MEMORANDUM
C !47
'C Cesar H. Odio
City Manager -- -
QOM
Qui Jones, III
City orney
f
GATE April 10, 1992 -= A-91-7:;-
SUB.JEC7 Amendment to Chinatown
Variance -Resolution No. 91--77:
REFERENCES
ENCICSURES (various)
As you know, the amendment to the variance granted the
applicant by the City Commission pursuant to Resolution No.
91-779, adopted October 24, 1991, a copy of which is attached
hereto, is conditioned, among other things, upon the City
Administration and the City Attorney providing assurances to the
City Commission that, by being placed in the position of
mortgagee with respect to the applicant's Biscayne Boulevard and
Northeast 4th Avenue properties, the City is guaranteed an equity
in'excess of $250,000."
I have reviewed all documents submitted by the applicant,
including Gary Brown's letter of April 18, 1992, expressing the
applicant's attorney's legal opinion regarding this matter, of
which I enclose a copy. In my opinion the applicant has provided
documentation which shows that, after deduction of the unpaid
principal balance of the mortgages identifilad in the mortgagee
estoppel letters from the fair market value of the property, as
- set value is set forth in the appraisal submitted by the
_ applicant, there 'remains an equity in the land in excess of
$250,000. However,.I have serious concerns regarding the City's
ability to obtain ready access to the $250,000.
Specifically, in a scenario where the applicant were to fail
to either provide the required parking or commence construction
of the.second phase of the project within the time frame set
forth in Resolution,No. 91-%79, the City's recourse would be to
declare the mortgage in default and initiate foreclosure action
'against the applicant. This course of action would require the
City'to`pay off the existing first and second mortgages in order
to obtain the'. $250, 000. The mortgages which would have to be
paid off, and the parcels burdened by said mortgages, are as
followns
1. Lot 2, Block 6, Third Amended Map of Miramar, Eastern
National Bank, pay-off balance as of • 3/12/92
C��'' S158.717.55
92- 2-68
s
Cesar H. Odio, City Manager
April 10, 1992
Page 2
2. Lots 13 and 14, Block 6, Third Amended Map of Miramar,
Citicorp Mortgage Inc., pay-off balance as of 3/16/92
$207,632.22
3. Lot 12, Block 6, Third Amended Map of Miramar,
tnteramerican Engineering Corp., pay-off balance as of
3/2/92 $155,745.48
4. Lots 3, 4, 61 7, 10 and 11, Block 6, Third Amended Map
of Miramar, 1st mort a ee, Consolidated Bank, N.A.,
pay-off balance as of 3 31 92 $1,381,650.00
5. Lots 3, 4, 6, 7, 10 and 11, Block 6,,Third Amended Map
of Miramar, 2nd mort a ee, Louis L.. LaFontisee, Jr.,
pay-off balance as of 3 18/92 $474,324.00
In a different scenario, if the applicant were to default on
one of the existing first or second mortgages, and said existing
first or second mortgagee were to initiate foreclosure action
against the applicant, the City would be forced to either
intervene in the foreclosure action or exercise its right of
-"
redemption by paying off the senior mortgages, as indicated
above, to obtain the $250,000 from the equity remaining after the
foreclosure sale.
In either case, the City would be in a position where it
would have to make an expenditure, which could be in excess of
two million dollars, in order to obtain the $250,000 equity upon
which the variance is conditioned.
In either case, the City would have to get involved in
-
protracted and costly litigation which may even require the
engagement of.expert outside counsel in order to obtain access to
the $250,000 equity.
M023/AQJ/bjr/ra
--s.
enclosures
cc: Sergio Rodriquez
Assistant City Manager/Director
Planning];euilding a Zoning Department
Guillermo Olmedillo, Deputy Dire r�
Planning, Building and Zoning Depar ent
G. Miriam Maer, Chief Assistant City Attorney
-Irma. M. Abella, Assistant City Attorney • 92
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MIAMI DESIGN PRESERVATION LEAGUE
P057 ORRICE GTN � MFMl WKH, FIORIDR 33110
(305) 672-9014 FAX (305) 672-4319
April 30, 1992
Mayer Xavier Suarez
Miami City Commissioners
3500 Pan American Drive
Miami, Plorida 33143
P.01
TORSARA BAER CAPITMAN
t.rOXAAtt1 t.. 140ROWITZ
/*nerdn.
Dear Mayor Suarez and Miami City Commissioners,
The Board of Directors of the Miami Design
Preservation League wishes to express its concerns
regarding the historic Priscilla and Algonquin
Apartments. The Board urges the Miami City
Commission at its meeting this evening to take all
necessary steps to protect the public interest in
matters regarding the Chinatown project, a plan
which includes demolition of the two National
Register listed and looally designated historic
properties.
The Preservation League is the non-profit
organization that listed the Art Deco District on
the National Register of Historic Places. We were
founded in 1976 and have made important strides in
protecting the historic Miami Beach neighborhood.
we ask the Miami City Commission to recognize the
Impact of Art Deco District on the South Florida
community, and use our success story as a model to
Justify preservation through out Dade County.
Careful protection of historic landmarks such as the
Priscilla and Algonquin would insure the integrity
of new development an Biscayne Boulevard.
Before allowing the demolition and building permits
for the Chinatown project to proceed, it is
imperative for the Miami City Commission determine
that all legal and financial alBsuraneee. area in place
and are in the best interest of the public good.
It is the League's opinion that adaptive reuse
the landmark apartment structures would provide
duality development lon �' ' Luca Boou'l1. vi►rd in
same way as the pi&=1n11 NCO
2ecord in Con-_r; o:.,.; Jlth
item e4"_ on ` �° A?_
of
the
Matty Hirai
City Clerk
92- 268
Ar7R-29-1992 08:59Fi'i FROM 2851835 P.02
District has created a renewed vitality for Miami
Beach.
There appears to be a more enlightened attitude for
the preservation of the Boulevard vis-a-vis the
donation of Sears; the renewed leave on the
Boulevard Shops; strong community support for the
designation of the Bayside and Morningside historic
neighborhoods; and a new plan to return the Port of
Miami to its historic 1920's location. Our
organization encourages the Miami City Commission to
continue this preservation mode.
The League urges the City of Miami. Commission to
protect the public's interest and reject all efforts
to demolish the Algonquin and Priscilla Apartments
until such time as Mr. Isaac Shih can provide the
city with the required $250,000 cash performance
bond. It is not in the best interest of the
citizens of Dade County to loose the landmark
apartment buildings unless Mr. Shih meets every
development requirement necessary to alter Biscayne
Boulevard beyond its present status. Those
requirements must be met with a good -faith effort by
Mr. Shih.
It is time for the commission to bring the Chinatown
issue to closure or guarantee to the public that the
full scope of the project is financially secure.
Little has been done to enhance Biscayne Boulevard
over the past three years and the historic Priscilla
and Algonquin properties continua to deteriorate.
It will be unconscionable for the City of Miami to
allow these historic properties to continue to be
threatened with demolition, or become just another
barren Biscayne Boulevard parking lot.
tert
2«;/-\
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N4ncy Lie nJ Chair
,` vernmsn al Affairs Submitted into the public