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HomeMy WebLinkAboutR-91-0248J-91•-141(a ) 3/18/91 RESOLUTION NO. 9 1_ 2 4 8 A RESOLUTION, WITH ATTACHMENT, APPROVING A MODIFICATION OF THE REQUIREMENTS, AS SET FORTH IN SECTION 3(mm)(ii)(A), OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PERMIT THE CONSTRUCTION OF A COFFEE SHOP TERRACE ON THE SOUTH SIDE OF A STRUCTURE OVERLOOKING THE MIAMI RIVER AND THE CONSTRUCTION OF A SPA INSIDE THE EXISTING SWIMMING POOL FOR THE PROPERTY LOCATED AT 100 SOUTHEAST 4TH STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN), WITH A PROPOSED SET -BACK OF 27' (50' REQUIRED) AND A SIDE SET -BACK OF 4' (37.5' REQUIRED). WHEREAS, Section 3(mm)(ii)(A) of the Charter of the City of Miami, Florida, as amended, requires a 50' set -back except as may be modified by the City Commission as set forth in Section 3(mm)(ii)(A); and WHEREAS, the City Commission has determined that the herein requested modification provides a public benefit that promotes a better urban environment and public advantages; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant a modification of the requirements, as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: S t1 Th it is and findin C. contained in the ec ion a rec a g . Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. .., Section 2. A modification of the requirements as set forth in . Section 3(mm)(ii)(A), of the Charter of the City of Miami, Florida, as amended, to permit the construction of a Coffee Shop Terrace on the South side of a structure overlooking the Miami River and the construction of a spa inside the existing swimming pool for the ;. property located at 100 Southeast 4th Street, Miami, Florida, more particularly described as set forth on attached Exhibit "A", be and DATING OF ,. MAR 28 1991 F 91O t z•',uIif } .. 77 s r r t Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of March , 1991. AVIER L. SU EZ, MAYO ATTES PREPARED AND APPROVED BY: Exhibit "A" to Disclosure of Ownership LE"L DESCRIPTION �7 • t_ tj FORMERLY KNOWN AS 1 ALL TMAT CERTAIN LOT, TRACT, 011 PARCEL OF LAND LYING AND BEING StTUATEO IN " FORT DALLAS PARK ", tN THE CITY OF MIAMI, FLORIDA, AS $NOVO AS ALL OF UN -NUMBERED BLOCK SHOWN IN SAID " FORT OALLAS PARK " AS PER PLAT RECORDED IN PLAT BOOK 4, AT PAGE SS, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAVE AND EXCEPT THE EAST 112.00 FEET OF SAID DOCK AND MORE SPECIFICALLY OESCRIBEO AS FOLLOWS, TO WITt COMMENCE ON THE SOUTH BOUNDARY LINE OF LOT 20 OF SAID " FORT DALLAS PARK" AT A POINT 142.00 FEET WEST OF THE SOUTHEAST CORNEA OF SAID LOT 20: THENCE RUM WEST ALONG THE SOUTH BOUNDARY LINE OF LOT t0 TO THE NORTHWEST CORNER OF SAID UN -NUMBERED BLOCK{ THENCE SOUTH ALONG THE WEST BOUNOARV LINE OF SAIO UN -NUMBERED SLOCKi SAME BEING THE EAST BOUNDARY LINE OF SAID LOT 19 OF SAID " PORT DALLAS PARK " ACCORDING TO THE PLAT AFORESAID, TO THE LOW WATER MARK ON THE MIAMI RIVERS THENCE MEANDER THE LOW WATER MARK OF THE MIANI RIVER TO A POINT DIRECTLY SOUTH OF THE POINT OF SEOINNING; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY LINE OF SAID UN-NUNSEREO BLOCK TO A POINT 112.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 20 BEING ALL OF THE UN-MUMSEREO BLOCK ASOVC REFEIMMZD TO SAVE AND EXCEPT THE EAST 1I2.00 FEET THEREOF. AND MOST RECENTLY OESCRIBEO ASt ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND LVINO AND BEING SITUATED IN "FORT DALLAS PARK" ("AMENDED RAT OF A PART OF FORT DALLAS PARK"), _ IN THE CITY OF MIAMI, FLORIDA, AS SHOWN AS ALL OF UN-NUMWREO BLOCK SHOWN IN SAID "FORT OALLAS PAFK" ("AMENDED PLAT OF A PART OF FORT DALLAS '! PARK"), AS PER PLAT R[M GED IN PLAT BOOK A, AT PAOE SS, OF THE PUBLIC RECORDS OF OAOE COUNTY, FLORIDA, SAVE AND EXCEPT THE EAST .112.00 FEET OF SAID BLOCK AND MORE SPECtFICALIY OESCRISED AS FOLLOWS, TO WIT: ararm AY Tir onajTM. WWMM1lr A )At N m wT sw rmr ww wa.. .� �.�.... i �• } 1 - ? 20 iy� CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM e_ DATE .�1` f�JJ� FILE ' to Honorable Mayor and Members of the City Commission SUWECT Waterfront Charter Amendment Modification: Riverparc Hotel " 100 S.E. Ath Street RE-FERENccs Agenda Item PZ•7 City Commission FROM: Cesar H. Od o Meeting of March 28, 1991 City Manage rNc�osuR�s to It, 'is respectfullyof the recommended that the Commission, ssi on a prove a Charter tofu the the ; Waterfront Charter Amendment (ro propose set a )k Of 27' (50 required) from a roving:' a) p p and b) a '= City of Miami) by pP the Miami River sQawall for construction of a coffee shop and spa; for the ?_ rd of 4' (30.04' a0gregate sideyard required) proposed. .sideya estrooms, at the Riverparc Hotel. 100 S.E. 4th Street, cOt►struction of r. { provided'that`'the applicant: Contribute $5.500 to; a) replace broken tree grates; and 1• Ca refurbish landscape material in the plfromrthe liat st = b) Riverwalk in front of tho Riverparc Hotel. of repairs in Attachment A; from the Riverwalk 2. Maintain an exterior entrance directly patrons;el for the general public as w fromll Sthet coffeshop to the 3. Maintain clear visibility[ Riverwalk i.e., no solid, opaque or translucent enclosure or dense landscaping permitted; 4. Use the coffee shop space only .for cafe/restaurant ur oses i.e., no future non -pedestrian uses allowed; 5 Submit construction plans for site, sign an review and approval by the Planning and t)ivision of the Planning, Building and Zoning Department f � t ar ue del Rio, Ltd, pro to build an enclosed coffee shop The applicant, P q 16 in height to top of roof, with of approximately 10043 square feet �n area, The coffee tin for �6• There will be two waitress stations trans with sinks. The one. seaw a' shop mill have air-conditioning, illumination, p ,. �exierior and three interior entrances.ithin it is also proposed to install a sp+a As an add i t i ona'i y _ ►: tho existing swimming p ms argil proposed twith within the proposed sideyard, modification, $mall res (ota1 of 180 sq uare feet in urea) coinciding with the A" si�ieyard w if ati+pn previous y granted in 198 On the apposite end of the building north; ssdp , it is proposed to -landscape and screen the fr+ant eery c+an F ` e „ or zntrar+re end move the ',garbage carts to an inner she spatr+�, }�i 1 f rom the east al 1 ey thro�+gh a service door, �w A� c 4o01s1-'' a H d ATTACHMENT A RIVERPARC HOTEL 100 SE 4TH STREET LIST OF REPAIRS NEEDED AT RIVERWALK AT RIVERPARC HOTEL 115,500 A. RIVER REFURBISH LANDSCAPE $1,000 $1,000 @ PLANTER TREE GRATES (9) $500/ea. $4,500 NEED REPLACEMENT BOLLARDS (11) $1,000 $1,000 PAINT 13.600 B. REPAIRS AT CONNECTION FORT DAL AS PARK REMOVE WOODEN STEPS CONNECTING _ THE SWIMMING,<POOL TO FORT-:DALLAS PARK AND BRING DESIGN.,.OF.THE PARK TO ITS ORIGINAL CONDITION. REMOVAL AWDISPOSAL $500 $500 REPLACE TWO `BENCHES $800/ea. $1,600 REFURBISH LANDSCAPE $1,500 $1,500 �s TOTAL - $19,100 APPROX. ` r { C t 7 _ * - fZ L - j 'Sh hbq A f TE EN1 P rood S t4 4 � S 1 tr'• a a JQj)i 91- 248 hw\ ti7 AOOANO $e ZEO ♦ PfiIORESSICNAL ASSOCIATION ATTOONLYS AT LAW 2d01 SOUTM SAYSMORt OAIVt SAI4NCTt PLAZA SUIT[ 1600 101 t KtNNtOY SLVO i MIAM1. FLORIOA 33133 sultt 3120 TELtr►+ONt (30 s) 850 • SSSS TAMPA, FLOP10A 33062 rcLtPW13NE (A13) 229.802'S r +'tLcrAN (305) SSe •A777 rAx (813) 222.502A ALFAEilO L• QON=ALEs w11ItEN'i bIMtCT NO.: (305) 250-7132 rLSAst wtrLY To: MIAMI OODIC[ January 10, 1991 3. Affidavits disclosing ownership of Property covered by application and disclosure of interest form (forms 4- 83 w F and 4a83) 4. Certified list of owners of real estate within 3750 radius from the outside boundaries of Property covered by this application. (form 6-83); 5. Two photographs of the affected portion of the Property. 6. Fse of $1,442.00 payable to the City of Miami, comprised of the following: Filing Fee $1,400.00 Mailing Fee (14 names at $3.00 per name) 42.00 Total _ $1,442.00 The variance requested is for relief from the provisions of Section 3(mm)(ii)(A) of the City of Miami Waterfront Charter Amendment, which requires a 50 foot set -back. The Applicant plans to :build a "Coffee Shop Terrace" on the south side of the existing construction overlooking the Miami River, and a "Spa" inside the existing swimming pool. The Coffee Shop is intended to serve the public as tell as hotel quests. The proposed construction preserves the City's natural scenic beauty and enhances the open space fronting on the Miami River. `Further, the proposed modification provides the public benefit of enhanced direct public access to the Miami Riverwalk, and increased traffic in the public walkway. The increased pedestrian traffic results its granting a level of security to the general surrounding AooRNO +Bc E© v r _._- 0 area These serve to promote a better urban environment and are to the public's advantage, while preserving the existing natural i U features. t i. 1 The Applicant proposes to landscape and screen the ,front service and delivery entrance and move the garbage carts to the inner side space to improve the service area view from the street. ..,.'.,..�.,�, *ho vaeuested variance will permit the Applicant to ANz OWNER'.S, LI T Owner's rim HA 1 i ng Address `Celepnohe Number Legal DescrIptiont S A HI1 I A• C GAII /a Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Afs treet Address Leal Description .. .. _: 7 F- Z ni, �q� X r 41 f � % Y.�- _ _ -- __ �rF.9' ��,��+'�..�_ 1 k'. e'�':ik.#.v ..Yixa`�:F. ��{ _ — - _ — -- _ _—_ �4>? #e ���„>>, a3 cs '�S'SY nR✓� __..._ _, e�I v 1. Loegal description and street address of subject real property: See Exhibit "A" attached hereto 2.. -Owner(s) of subject real property and percentage of ownership. Note: City of Miami ordinance No. 9419 requires disclosure of all parties aving a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 0 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See Exhibit "B" attached hereto 3. Laga]. description and street address of any real property (a) owned by. any party listed in answer to question #2, and (b) located within « 375 feet of the subject real property. None Exhibit ,A,, to Disclosure of Ownership LEWIL DESCRIPTION FORMERLY KNOWN AS I ALL THAT CERTAIN LOT, TRACT, OR PARM OF LAND LYINB AND GEING SITUATEO IN " FORT DALLAS PARK ", IN THE CITY OF MIAMI, FLORIOA, AS $NOW" AS ALL OF UN.NUMBEAEO BLOCK BROWN IN SATO " FORT DALLAS PARK " AS PER PLAT AECOROEO IN PLAT BOOK A, AT PAGE no OF THE PUBLIC RECORDS OF OAOE COUNTY, FLORIDA, SAVE AND EXCEPT THE EAST 112.00 PEST OF $AID BLOCK AMC MORE SPECIFICALLY OESCRI640 AS FOLLOWS, TO IIIT1 COMMENCE ON THE SOUTH SOUMOARY LINE OF LOT 20 OF SATO " FORT CALLAS PARK** AT A POINT 142.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 80: THENCE RUN HEST ALONG THE SOUTH BOUNDARY LINK OF LOT 20 TO THE NCRTHWEST CORNER OF SAID UN-MIMSEREO GLOCKI THENCE SOUTH ALONG THE WEST BOUNDARY LINE OF SAID UN-NUM/EREO SLOCKI BANE BEING THE EAST BOUNDARY LINE OF SAID LOT 19 OF SAID It FORT DALLAS PARK " ACCORDING TO THE PLAT AFORESAID, TO THE LOW WATER MARK ON THE MIAMI RIVER; THENCE WANDER THE LOW WATER MARK OF THE MIAMI RIMER TO A POINT OIRECTLY SOUTH OF THE POINT OF BEGINNING; THENCE NORTH, PARALLEL WITH THE EAST BOUNDARY LINE OF SAID UN -NUMBERED BLOCK TO A POINT 112.00 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 20 @SING ALL OF THE UN-NUNWREO SLOCK AGOVE REFEIWIAM TO SAVE AND EXCEPT THE EAST 418.00 FEET THERM. AND MOST RECENTLY CESCRIGEO "I ALL THAT CERTAIN LOT, TRACT, OR PARCH OF LAND LYING AND WINS SITUATED IN "FORT DALLAS PARK" ("AMEHOEO PLAT OF A PART OF FORT DALLAS PARK"), IN THE CITY OF MIAMI, FLORIDA, AS SHOWN AS ALL OF UN -NUMBERED @LOCK SHOWN IN SATO "FORT DALLAS PARK" ("AMEHOEO PLAT OF A PART OF FORT CALLAS PARK"), AS PER PLAT ACCORDED IN PLAT 00011C 4, AT PACE SS, OF THE PUBLIC RECORDS OF OACE COUMTT, PLCRIOA,.SAVE AND EXCEPT THE EAST 1 It. 00 FEET OF SATO BLOCK AMC MDR[ SPECIFICALLY OCSCRIOEO AS FOLLOWS, TO WIT: BEGIN ON THE SOUTH SOUNOAAY LINE OF LOT 20 OF SAID "FORT DALLAS PARK" ("ANENOEO PLAT OF A PART OF FORT DALLAS PARR"), AT A POINT IQ.OR PEST WEST OF THE SOUTHEAST COON" OF SATO LOT 20 (ANC ITS WESTEM.Y EXTENSION) FOR 1420. IS FEET TO THE MCRTNWEST CORIM OF SAID UM-NUM@E11t0 SLOP► i THENCE RUN SOUTH ALOW THE WEST GOUNOART LINK OF SAID UN-NUMBEREO BLOCK }i FOR 104.SS PEETI SAIL WINS TIE EAST BOUNDARY LIRE OF LOT 1$ OF SAIO "FORT CALL" PARK" ("ANENOCO PLAT OF A PART OF FORT DALLAS PARK"), F.} ACCOROINS TO THE PLAT AFORESAID, TO THE LOW WATERMARK ON THE MIAMI RIVER; THENCE MEAIOER THE LOW WATERMARK OF M MIAMI RIVER PION /AS PEST MORE OR !3, LESS (14R.&I FEET M.OM EXIGTIHS/ SEAWALL) TO A POINT DIRECTLY SOUTH OF THE POINT OF GEBIMNINGI TRICE RIM MOUTH, PARALLEL WITH THE EAST BOUNDARY LINE OF SAID UN-MM� MOCK, FOR 802.611! FEET TO A POINT 118.00 FEET WEST OF THE SOUTHEAST COMER OF SAID LOT 80 AFCRESAIO, WINS ALL OF THE UN- HIUMGEREO SLOCK ASIM REFEIHREp TO SAVE AND EXIT THE EAST IIt. 00 FEET THEREOF. DEED GOOK $14 PAW I" PROVIM ►OR A M M SEWER EABEMENT A FEET IN 1 WIDTH ALONG THE WGT GIOE OF PIMPSIITY F110M•S.Ee, 4TN IT. TO THE MIAMI RIVER. r • `+ I t tj { .: 9 1 — . 248 : i a AS 4 .��,;; F. Gregorio de Diego, President and Director Luis Bosch, Vice President and Treasurer Juan T. O'Naghten, Secretary Sole Shareholder: Miami Riverparc Associates, Inc. Sole Limited Partner t Occidental Hotels Jose Abascal, 58-6 28003 Madrid, Spain 100 S.E. 4th Street Miami, Florida 33130 2601 South Bayshore Dr. Suite 1600 Miami, Florida 33130 Occidental Hotels of America, Inc., a Panamanian corporation 100 S.E. 4th Street Miami, Florida 33130 2601 South Bayshore Dr. Suite 1600 Miami, Florida 33130 2601 South Bayshore Dr. Suite 1600 Miami, Florida 33133 Treeland Properties, Inc., a Panamanian corporation 2601 South Bayshore Dr. Suite 1600 Miami, Florida 33133 2601 South Bayshore Dr. Suite 1600 Miami, Florida 33133 Occidental Hotels of America, Inc. Jose Abascal, 58-6 28003 Madrid, Spain /qj CITY OP MIAM1 '- pLAB �: j f CITY OF MIAMI, FWRIOA IAilti y. INTLER-OFFICE MEMORANDUM ..• '83 AUG'-2 A8:32 - *� Howard V. Gary oars, July 29, 1983 o,,,E, City Matager SUDA r: Fort Dallas Park Covenant PROM: R[FERtNC[f: e riguez, Director anning' Department ENCLOsuR[f: It:is recommended that the covenant' proffered by Dallas Park Associates for funds for improvements at Fort Dallas Park, be'released in favor of Mr. Adrian Werner, Dallas Park Associates, recognizing full payment of $150,000 in full satisfaction of the covenant, per Resolution 82-752. SR/vb cc ; ` Jose R. Garcia -Pedrosa _ rrieq . City AttoiA Carlos Garcia, Director Finance Department Attn: Mary Meynarez 77 u , Carl Kern, Director Parks Department' t ..a m c P wi a' �Jifi zf'y hS Svfi� ' 4 t • - ♦ x' • ' A ''' • c11•Y OF MIAMI, P1.0"IDA INTER-01MCK M(MMORANCUM _ • din , 1►it.o July 13 19 83 'Tot Hovrard V. Gary City Manager suu¢c,Dallas Park Hotel .. 100 SE 4th Street 3 RcrusNecsl Riverwalk FROM= S guez, Dire or (tanning Department st osuR=st 'of the $150,000 contribution of Dallas Park Associates is as follows:. t The status Riverwalk, in front of Fort Dallas Park,, Ltd. to the On July 29, 1982, the Commission adopted the following resolution: hr •• 82- 752• RESOLUTION N0. • f{ A RESOLUTI ON CONDITIONALLY GRANTING A MODIFICA- RE SECTIO - ' OF THE REQUnMMNTS , AS SET FORTH IN . CHARTER, CHAPTER 3(4.)( b) . OF THE- CITY OF MIAMI SPECIAL ACTS, LAWS ..op. FLOR.IDA, 1925, AS ' 10847 EXISTING TO- PERMIT-; AN ADDITION' TO THE �s AMENDED STRUCTURE (TO BE CONVERTED TO THE DALLAS PARK • = HOTEL)" AT 100 SOUTHEAST 4TH STREET, WITH A AT THE `.PROPOSED 35' SETBACK FROM THE SEAWALL - �10INT' OF MINIMUM DISTANCE .CSOONRAVEIRAGE�'LOT BAS 4' AGGREGATE SIDE YARD }f: WIDTH t3004' REQUIRED. mentio>a�ed in...the resolution was 80008tocthezi #� The condition '. bvtion by' Dallas Park Associates , Ltd.. of 150 , in front of �. ,k City towards the construction of .the Rivarwalk =p Fort Dallas Park. k ' - • . coffered by Dallas : Parke the covsnaat (copy attached) p By`.... $150000 is to be paid .. A�socatea' :at►d accepted by the, City, to the City' by- July 31,• 1983. 4 F 3i3R �l' ra,�� Attaat' �` f • • t tt 7 M k i y r .} qt Ri;!`�'it} S A •.Yp A F:j Y>r;5_ �.y• t. n. - 1.• ' x.R •'.• L! , :• x,~4 .a?L. R ;t }. `R •e r x yr• 21 T l; i kit �''_; . 3%T2 - 7`� LU -. 'h .T 4 ,. d � 9 x�w.t, jz fi 1 1 1 X L� t f Mr. Reeseman: Mr. Mayor, I simply would like to thank the Ma and the Comissioners for the courteous hearing you have given us, d appreciate your invitation to the Grove. Thank you. Mayor Ferret May I say to you, because I think th there may have been some touchy moments here in the past, not necessarily oday, that I for one think that you and your law firm are amongst the mo honorable people in this com- munity. Your partners are old-time pioneer sally, really and.... Mr. Reeseman: So is mine, your honor. Mayor Ferre:....so is yours in Mipd and your people are highly regarded in this community. You are active.A all types of civic, religious and community affairs and there is nothing, o implication of any impropriety, and I certainly would want to say that we a the highest regard for you. Mr. Dawkins: And I wyeldd like to also commend you for the professionalism with which you handled it, myself. Thank you. 54. PERMIT ADDITION TO EXISTING STRUCTURE% 100 S. E. 4 STREET TO BE:: DALLAS PARK HOTEL. Mayor Ferret All right, we are now on Item Number "911. Mr. Carollo: Whenever the Planning Department is'ready, they can begin their presentation. Mr. Joe McManus: Members of the Commission, Joe McManus, Acting Director, City of Miami Planning Department. This item before you is a proposed reno- vation of the exisiting Bauder Fashion College building located on the north bank. of the Miami River immediately to the west of the City's new Convention Center development. This proposed to be renamed the Dallas Park Hotel, and immediately to the west of this building again, is the site of the City's proposed Fort Dallas Park. Members of the Commission, this item is before you only in terms of the Waterfront Charter Amendment. As you recall, that Charter Amendment requires that all properties are to be set back from the bay riverfront fifty feet and are to provide a 25% see -through along the lateral.side yards. If the development cannot conform to those requirements, then the Commission may consider certain deviations and consider proffers by the developer in terms of public amenities, or public assets, and examples. are given in resolution for the Charter Amendment, certain examples being a bay walk, river walk, certain public amenities of that kind. Members of the Commission, we have met with the developers on this. This item has been through the Zoning Board. Let me quickly trace where we are. The Planning Department had recommended, and first of all, let me say we had other issues with this,•and two of them have been solved, and this is the final issue. The Planning Department felt that, owing to the fact that the existing.build ing and its construction would infringe on the envelope laid out by the Water- front Charter Amendment, that a return for which the developer should be in a position -of proffering certain public amenities. We, that is the Planning Department felt that a reasonable proffer might be the construction of a por- tion of,Fort Dallas Park, not exceed $4000000 in 1982 dollars and further giving the developer the opportunity of constructing a portion of the park, and l might indicate to you construction limit lines. Those construction limit lines would represent our estimate of this cost and that further, the developer would_ participate in any development of drives or parking areas immediately 1.f h k whh b i e o used in the future for construction north, o t_e pr+eseat par , c _ may pr p by the City. Members of the Commission, in the memo before you, we had cited certain costs which the City,of Miami is currently bearing immediately in this area. For the one hundred tea feet of lineal feet of river walk coustruc- tion edlatsly:in front of gainer Fashion College, the City is currently men4a st 42SQ9000 in improvemout. At the Fort Dallas. Fark, the _ 4ty Is; spanding a awn in excess of $750,000 for land acq,uisitton and the river walk construction, relocation of the Butler Building and the restoration con- sultant fees. lu total, the Bauder Fashion College mad Fort Dallas Park, the 91 - 2 14 $ � `.' City has, or is currently spending excess of a million dollars. Further for your information, we have run some estimates of the development immediately west of Fort Dallas Park over to the Miami Avenue bridge, and we estimate that the developer in that situation will be faced with substantial costs. We brought this recommendation before the Zoning Board, and at that point the developer made a proffer of $200,000 in ten annual payments to be paid to the City upon completion of the Fort Dallas Park. We said to the Zoning Board at that point that to complete Fort Dallas Park, we estimate would take another $750,080 and we needed some money up front to get the park going. The Zoning Board's recommendation was approval four to three the recommenda- tion to you, the recommendation being however, that the $200,000 limit be made up front. That concludes my presentation, members of the Commission. If there are any questions, I would be happy to respond. (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Bernard Jacobson: Mr. Vice -Mayor, Commissioners, I am Bernard Jacobson of the law firm of Fine, Jacobson, Block, Klein, Colan & Simon, 2401 Douglas Road, Miami, representing Dallas Park Associates, Limited, which is the pro- ponent of this request for modification from the Waterfront Charter Amend- ment. As Mr. McManus has explained, the Waterfront Cbarter Amendment re- quired a setback from the river line of fifty feet and side setbacks equal to 25% of the frontage on the river. This circumstance that we are faced with today, requests what are really minor modifications from those requirements. The rendering which you have before you sets forth the location of the exist- ing building and what exactly we want to do. Before we go on to explain what that is, I would like to explain to you that this is the property that is the present Bauder Fashion College, which is bounded on the east by the Convention Center, and as Mr. McManus explained, on the west by Fort Dallas Park. The Dallas Park Associates, Limited, plans to convert this property to a first class hotel containing approximately one hundred forty-four units, most of which will be first class hotel suites. There is a rendering there, prepared by our architect, Cale Baldwin, depicting what this building will look like when the renovations have been completed. At the present time (INAUDIBLE, OFF MIKE) What we are asking for in terms of a modification is to be able to put a roof over the second story that we are going to build Presently we could build and we can build a second story above what is existing here as a first story and we can cover that with a fixed roof up to this line here at the beginning of this yellow line. However, any type of additional construction that is enclosed that is within the fifty feet requires the modifications from the Charter amendment governing the waterfront. The closest point to the waterfront line is approximately » teet, but it is important to understand we are not asking for something that is mammoth or does damage to the spirit and intent of the waterfront ordinance. We could, but it would not necessarily be the most desirable plan, build up to this point and cover this area with a canopy and have an outside terraced waterfront area, but it seems to be much more feasible to be able to come out here and air condition and have a fixed roof over this point. That is one of the modifications that we are seeking. The other one pertains to being able to put an elevator in this area here, in this pink area. Presently, the building line comes up to here. The black area depicts where the building line is. We want to be able to come out about nine feet into this area here, and construct an elevator. The question here is, whether, either access or open space or a view corridor is being violated. We contend that there is no issue of violating of view corridor, and to try and graphically demonstrate that to you, we have some pictures which, if you would just pass around here, which depict the went side of that present Bauder Fashion College building. As you can see,.there is no view along that corridor pre- sently, and if we were to come out another nine feet for those elevators, obviously there would be no damage done to the view corridor. This project, built this way, will be a restaurant that is open to the public. There will be direct public access here for the public that uses the waterfront walk- way to come into our restaurant. It presently will be the only restaurant in the area that is open to the public. Direct public access is one of the criteria that the Charter Amendment indicates that you are to consider in determining the public benefit for modifications of the Charter Amendment, and we propose to you that having a restaurant that is open to the public, that the public has direct Access to, provides a public benefit and under the circumstances, we props* to you also that there is no material damage done to the spirit and intent of the Charter Amendment. In addition, and in the spirit of the public benefit, and because -the proponent, the owners of the Dallas Park 91= 248 117 .nn 29 Now Hotel believe in the City of Miami and want to contribute to its revitalization. They ate prepared to contribute financially to -the improvement of Fort Dallas Park, either $1000000 in cash to cover any differential in the shortfall of funding that is available to Fort Dallas Park which would be paid during the construction of improvements of Fort Dallas Park, or $200,000 that would be paid over a ten year period based upon the creation of a special assessment taxing district solely for this property, at the option of the Commission, whatever it sees fit in its judgment. Moreover, Mr. McManus mentioned the Fort Dallas Associates constructing the improvements in the park, and they are prepared to do that, if the City desires, on a nonprofit basis to oversee the construction of the improvements to that park, recognizing that it would be a benefit both to their property and certainly to the City of Miami. Mayor Ferre: All right, sir. Thank you. Are there any other proponents who wish to speak at this time? Are you a proponent? (INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD) Mayor Ferre: No, proponents. Are there any other proponents? All right, now we get to the opponents. Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue. I am sure I don't have to remind any member of this Commission, the intensity with which the Charter Amendment issue was brought before the public and the overwhelming majority of the citizens of this City by which it was passed, saying that these are the considerations that they want an every piece of waterfront property with the exception of those properties where the particular in- vasion into the view corridor, or the setback itself, the particular in- vasion provides a public benefit, not where a public benefit will incidental- ly or additionally be offered to the citizens or to the City. The perfect example of a proper exemption from the Charter Amendment was -the Mayor's former property where his home, which is a historic structure would have `I had to be removed in order to comply with the view corridor and leaving this historic structure invaded that view corridor, therefore the invasion itself provided the public benefit being the retention of the historic building. There is no such provision in this proposal where the invasion 'f ,into the view corridor and the setback provide a public benefit. I suggest :! to you that a restaurant that for business reasons is open to the public is not a public benefit. If that were the case, every developer of any commer- 'i cial venture that is open for rental or sale of any product could claim to be'a public benefit. I think that this plan does not meet the requirements of the Charter and should not be approved for Charter modification. • Mayor Ferre: All right, any other opponents. If not, if you want any a' rebuttal time? If you want to say anything, say it on the record. Mr. Jacobson: Thank you, Mr. Mayor. We don't believe that the argument that was made in opposition requires rebuttal. € Mayor Ferre: Okay, thank you sir. All right, now questions from members of the Commission.' Mr. Dawkins: I have a question for Mr. McManus. Mayor Ferre: All right, sir. 'Mr. Dawkins: Mr. McManus, how much did the City spend already around that property in improvements? �Y t T �'e Im Mr. McManus: The City has spent so far approximately $246,000 directly on the Riverwalk. Mr, Dawkinst So, if they give us $200,000, we are breaking even. I mean, we ate losing $46,000, So really and truly then, if they pull off $200,000, we are not getting anything but "thank you". (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mr. Dawkinst Well look, then we are losing $146,000. We have already spent $246,000 improving the land around theta, so they have gained that. They have gained that already, and now they are going to come back and tell us "We will give you $100,000 because you were generous enough to improve my property by $146,000". Mayor Ferre: Other questions or statements? Mr. Plummer: Well, let me ask this. As I understand, your proposal is, is $100,000 and build the park at no profit. Is that what your...? Mayor Ferre: Plus build the park at no profit. Mr. Plummer: That is what I said. Mr. Jacobson: The proposal is $100,000 contribution to the park and if you want us to, we will undertake construction of the park for you with no profit, or we will contribute 4200,000 based upon a special assessment taxing district payable over a ten year period. Mayor Ferre: Right. As I understand it, because I don't think we. are going to take $200,000 over a ten year period. That doesn't...unless we take $200,000 right now. What we are talking about is $100,000 in cash, plus you will oversee the construction, with architects, I would imagine. In other words, we have to put it out for bids, obviously, but...what? Mr. Gary: Are you going to oversee, or are you going to build it? Mr. Plummer: How are you going to oversee it? Mayor Ferre: No, if they are going to build it, they are going to build it with no profit. In other words, they are going to be the contractors. Mr. Plummer: How are you going to go out to bidding? Mayor Ferre: You have to bid it. You have no other choice but to bid it. They are obviously going to bid it at no profit. Now, there may be somebody that is going to come in lower than that, so you know, that is the way it is. Mr. Plummer: Well, let me ask this question. Mr. McManus, you say that they have Sot some other goodies and those matters have been resolved. Now, what ,j were the'other goodies they got? Let's deal with the whole cake, here. Mr. -'McManus: There was a question - perhaps Mr. Campbell would like to supple-ment this. There was a question about the use of the public rights of way immediately to the north of the Bauder Fashion College in which we were concerned s about who is using what, and that has since been resolved. Perhaps Mr. Camp- bell could elaborate on that. 4 Mr.`Plummers Are'you sayin$'that that is a plus item for the City? F Mr. Gary; That is a plus item for him. Mrs Kr.Maaus: T would say it Would be ... the way it was resolved was of benefit to the dovlolopers of the Dallas Park Hotel. In other words, the existing =*TtY ;%* CIA the worth Bids of their building conforms almost easctly the :Borth wall of the buildin;. Anything s ; worth of that is public right - of -vay' z ,. fir, Fitas ers All r ;ht. Agree or disagree with this states►ent. If this q thin dbeen't p4ss, the oaly difference basically is a 48 7.. Ag =tom 1 � r; A v;. Mayor Ferre: A what? Mr. Plummer: An awning. I am asking... Mr. McManus: Commissioner, let me answer it this way. Yesterday afternoon, the developer brought to the Building Department a set of plans which he intended to go for building permit, and the contention was that that conformed with all provisions of the Waterfront Charter Amendment. The Building Depart - tent - the zoning division refused to issue the building permit. If you do not take action at the present point, the Building Department's position is that they will not issue a building permit. Mr. Plummer: Ohl Mayor Ferre: Okay. Further questions. Further statements? Mr. Plummer: Price just went upl Mayor Ferre: Anybody else? Well; let me...Janet... (INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD) Mayer Ferre: The question is - why not. Why wouldn't you issue a building permit? Mr. George Campbell: If I may, your Honor and members of the Commission, there is an existing area in here_ which I believe is at the present time, balcony, is that correct? Mr. Plummer: Is what? Mr. Campbell: Balcony. Mr. Plummer. Oh. Mr. Campbell: 3alconies, about in here. The applicant proposed to remove those j balconies and install an elevator shaft there. n Mayor Ferre: Two elevators. Mr. 'Campbell: Two elevators there. This would not protrude into the exist- ing view corridor per se. It wouldn't stick out any further than the bal-conies or anything else does now. That is the reason that the Building Depart- meat.turned down the plans. 4. Mayor Ferre: It is almost 6:00 o'clock and we need to move along. ?! Mr. Plummer: Now, let me understand once again, okay? Very briefly, my understanding is that if in fact, this Commission does not approve this ap- placation, the Building Department will not issue a building permit for the Plans they have. 'Mr. McManus: Yes, that was resolved yesterday afternoon. Mr. Campbell: That is for the Tans as submitted as of y �'p p yesterday. Mayor Farr*:_ As submitted, because they don't comply with the proper comply sacs. t Mr, G&14`Baldwin; NY name is'Gale Baldwin. I am the architect and I would like to ;clarify this point, okay? We submitted the plans for the renovation of the' tower the units themselves, the hotel units and in addition to that, we nub i4;Xsd with that the two.elevators that were to be in behind the stair tower thst exists, That is s,mctual restriction to the view corridor. ♦ j !j a►ot fOrT. Soy t quickAy, because we are'runaims out of tima, s� 4TWA1y. We can pull the building permit, but we can pull it ` witb�Qut s s levotors okay? C� 120 . . . . . . . . . . . . . . ............. . . . . . .t } Mayor Ferret All right. Thank you, sir. All right, any other statements, be- cause I think it is time for us to get along with it. I will tell you how I feel about this. This is going to be a small hotel, as I remember -. 130 to 140 rooms. I understand that it is going to be a luxury type hotel. I think it is very important that we get a lot of these luxury and non -luxury type hotels in the downtown area. The location is very strategic because it hap- pens to be next to our Convention Conference Center, so it is one more alter- native that the people in our Convention Center will use. That is Number one. Number two, the building is there. Bell, it is there - it is not a question that we are going to go build another building, or ... I would never vote for that building if it were coming up before us today. It is a monstrosity. It is a horrible ... you know, it is just a terrible building to be in that parti- cular location, but it is there. Now, what in effect, these people are asking for, is the ability to put two elevators on the outside of the building so that they can access the building and Number one, I think that beautifies the building, because you will have these things going up and down on the outside and secondly, it makes the building practical. So I have no problems with that one. The other thing that they want is up at the top, on top of the existing building which already protrudes, instead of putting an awning, they want to enclose the air conditioning. Now, I am sure that is no big thing if we turn that down, they.will put an awning up. But, I think what in effect we are doing is therefore imtosing for very little reason, a less desirable hotel. And since the structure is already there, and since it is already an intrusion on that line, then I don't think it makes a hill of beans worth of difference one way or the other from a practical point of view from the City and the citizen's viewpoint, but it does make an improvement on the hotel. Now, and lastly, since they are offering $100,000 in cash payments, which, if we turn it down, fine. We turn it down and they will go out and build another kind of hotel structure and they bought the property and they are stuck with it and they are going to prove it and build a hotel. In my opinion, it will not be as good a hotel, because they will have to utilize the elevators in- side - that means they will have to give up some space and that will be less hotel rooms and a less profitable operation and etcetera. Now, the only question in my mind is whether or not the $100,000, which is a voluntary thing on their part, plus they offered to either supervise or build the park at a non-profit basis is sufficient an inducement to us. Now, that is the only question from my viewpoint. Mr. Carollo: Mr. Mayor, it is getting late and we have to finish this one way or another. I will make a motion that we uphold the Zoning Board's recommenda- tion for approval. Mayor Ferre: Is there a second? With the offers that they have made? Mr. Carollo: Yes. Mr. Gary: Well, that is $200,000. Mayor Ferre: Well, that is our option. over a ten year period. Mr. Gary: 'Well, he said... Either $100,000 cash, or $200,000 Mr. McManus: The Zoning Board said...let me clarify this - the Zoning Board recommendation was to this Commission was $200,000 in cash up front. Mayor Ferre: Ohl Okay. Well fine. That is the way he made the motion. Quite a difference from $100,000. 4 Mr. Jacobson: (INAUDIBLE, OFF MIKE) ... agree to that and that was not the pro- pos+al that was made to the Zoning Board. The proposal we made is the proposal that we have presently offered. Mayor Ferro: It has to be voluntary though, doesn't it? Mr. Peres-Lugonee But the resolution of the Zoning Board is a lump sum pay - sent of B2000000, Mayor Torre; A what? Mr. Perez-Lugones: A lump sum payment. Mayor Ferre: Can they impose that? Mr. Perez-Lugones: No, they recommend it. Mayor Ferre: What? Mr. Perez-Lugones: The recommend it to the Commission that it be made that 1 way . Mayor Ferret. Doesn't it by law have to be a voluntary thing? 1 Mr. Carollo: Let's not play games now. What the Zoning Board did was approve it and they recommended That is not a condition. Therefore, my motion stands. I am in favor of the recommendation of the Zoning Board that we approve it. Mayor Ferre: All right, we have a motion on the floor. And as you made it it is with $200,000, right? Mr. Carollo: Mr. Mayor, the motion that I made is to approve the "yes" vote I of the majority of the Zoning Board to approve the variance they are asking for along with the offer they made. 1 Mayor Ferre: I see - at $100,000, right? Mr. Carollo: I don't think that the Zoning Board, or for that matter us, can - (� we force these people to give any amount of money. Now, if the rest of the _ Commission is not in agreement with my motion and their offer,then make a different motion._ �E11 Mayor Ferre: All right, Mr. Knox? f Mr. Knox: This is where there are these kinds of intrusions upon the view corridors and the setback, it is appropriate that certain conditions be met. " Mayor.Ferre: In other words, in this particular case, since the Charter specifically says if there are over-riding reasons,therefore the Commission can. L got you. Okay. But that is not the way the motion was made." I am going to take it the way it is now and if there is a second, fine, and if there" sn'tV then we will go to the next one. Mr. Carollo: I withdraw the motion, Mr. Mayon. Mayor°Ferre: No, wait, I havae't even asked for a second. Mr. Perez:" I second that motion. Mr. Carollo_: Okay, it stands as originally made. t Mayor Ferre:` As made - okay. ij Mayor Ferre; Now, under discussion - could we make this $150,000? 'Now°Werner you'are getting' awfully close, and it looks to me like you might aced a third �s vote., Soy it is $1509000. . Ms."Carollo: Will anybody make it $160,000, $160,000? Mr,'Jacobson: I•much prefer to make it $1009000 and one hundred olive trees, s{ x4yor Form: $1500000 cash, is that correct? Mar. Jackbson: Yes, sir. 1 I y�:r F >•re Thank you., . All right, do you accept that in your motion? , . , accept' the sa:eadments` they have offered. lyor.; $'teas Further elscvasoaa11 the roll. r: L ., 122 The following resolution was introduced -by Vice -Mayor Joe Carollo, who moved its adoption: RESOLUTION NO. 82-752 A RESOLUTION CONDITIONALLY GRANTING A MODIFICATION OF THE AEQUtREMENTS, AS SET FORTH IN SECTION 3(4)(b), OF THE CITY OF MIAMI CHARTER, CHAPTER 10847, SPECIAL ACTS, LAWS OF FLORIDA, 1925, AS AMENDED, TO PERMIT AN ADDITION TO THE EXISTING STRUC- TURE (TO BE CONVERTED TO THE DALLAS PARK HOTEL) AT 100 SOUTH- EAST 4TH STREET, WITH A PROPOSED 35' SETBACK FROM THE SEAWALL AT THE POINT OF MINIMUM DISTANCE (50' REQUIRED) AND 4' AG- GREGATE SIDE YARD BASED ON AVERAGE LOT WIDTH (30.04' RE- QUIRED). (here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Perez, the resolution was passed and adopted by the following vote: AYES: Commissioner Demetrio Perez, Jr. Vice -Mayor Joe Carollo Mayor Maurice A. Ferre NOES: Commissioner Miller J. Dawkins Commissioner J. L. Plummer, Jr. ABSENT: None 55. GRANT APPLICATION: VACATION AND CLOSURE OF S'ly PORTION OF BIFURCATIM S.E. 13 ST BETWEEN BRICKELL AVE. AND S.E. BAY - SHORE DRIVE - TE14TATIVE PLAT 114B-UCP SUB. Mayor Ferre: We are now on Item number eleven, which /9not 11 Union Development Corporation and the vacation and closure oStreet between Brickell and and Southeast Bayshore Drive. Thartment recommended approval. There was one reply in favor. e drawing. Would you put it straight so we can see it? What happstreet - isn't there a street there? Is the street going to be Mr. Perez-Lugones: Yes, sir. Xrelo,,catinocating asically the, street. Mayor Ferrer Oh, I see, so theopen ..the Departmeat...and then that Tittle alley is closed. Mr. Richard Whipple: Right. a street is bifurcated at the present time and the plat to the northrunning it straight through. Mayor Ferre: I have driven ovg more times than you can shake a stick at over the last thirty - Mr. Whipple: street. It is to run traight through, Mr. Mayor, not to close the Mayor Terre: Not+, is th a any objection to this? is there a motion on I m number li? Mr. Carollo; I mov Item 11. ?mayor Terra Is theme a second? Mr. Perez; second. I think, Iir. Mayor, that this change is important for the grnviou action taken by this Commission sad I would like to second that moti�. M ID 20 3ROC� SS io r DECLARATION OF R STRICTM COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANT Running with the Land, made and entered into this day of , L' 1982, by and between Dallas Park Associates, Ltd. as fee simple Y owner of the property described herein, hereinafter "OWNER" and for the benefit of the CITY OF MIAMI, FLORIDA, hereinafter "CITY". W I T N E S S E T H: WHEREAS, the OWNER is the fee simple owner of the real property described as: Attached hereto as Exhibit "A" WHEREAS, the OWNER, pursuant to City Zoning Resolution No. 82-752 was conditionally granted a modification of the re- quirements, as set forth in Section 3(4)(b), of the City of Miami Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, to permit an addition to the existing structure on the 'real property described above to be converted to the Dallas Park Hotel; and i WHEREAS, the OWNER, as a public benefit to the CITY, 'has proferred ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000.00) i 'for the use and benefit of the CITY to construct and improve Fort Dallas Park-, and - WHEREAS, the OWNER is desirous of giving assurances to ' the CITY that the funds will be available to the CITY at the time 4 of the construction of Fort Dallas Park and that the certain -promises, undertaking and assurances that have been given tothe CITY, and it is `the desire of the OWNER to confirm said under- takings and assurances, in writing. NOW, THEREFORE, in consideration of the covenants ' herein contained. and for'other,good and valuable consideration, the OWNER agrees as follows: ; 1. It will pay to the CITY the sum of One Hundred and , if sand Thousand Dollars ($150,000.00) for the purpose of improving - Fore ;Da.L s Park. t th ♦A� . lr�� 1P i _ • %y s � , Vie+ ' T 2. Notwithstanding anything herein to the contrary, - on or before July 31, 19830 the OWNER shall deposit with the CITY a check in the amount of $150,000 or that portion of the $150,000 not previously remitted to the CITY. All sums paid to the CITY by the OWNER. after November 40 1982 shall bear interest at the rate of 11--1/2 percent per annum compounded daily. 3. Upon the payment by the OWNER to the,CITY of $150,000.00 for the improvement of Fort Dallas Park, the CITY' agrees to execute a release of this Covenant in favor of the. OWNER. — 4. The provisions of this covenant shall be effective for a period of thirty (30) years from and after the date of recordation after which time they shall be extended, automatically, for successive periods of ten (10) years unless released in writing modified or amended by the then OWNERS and the CITY. PU 2. Notwithstanding anything herein to the contrary, on or before July 31, 1983, the OWNER shall deposit with the CITY a check in the amount of $150,000 or that portion of the r $1500000 not previously remitted to the CITY. All sums paid to ?, the CITY by the OWNER, after November 4, 1982 shall bear interest at the rate of 11-1/2 percent per annum compounded daily. r 3. Upon the payment by the OWNER to the.CITY of 1 $150,000.00 for the improvement of Fort Dallas Park, the CITY agrees to execute a release of this Covenant in favor of the OWNER. 4. The provisions of this covenant shall be effective for a period of thirty (30) years from and after the date of recordation after which time they shall be extended, automatically, for successive periods of ten (10) years unless released in writing modified or amended by the then OWNERS and the CITY. 5. This instrument may be modified, amended, or raIoaami g%e *n wry.. ww.•1•�w.. wf' tl.w w..1.�wwM w�1w A« w .....1•ww.. t 1 IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement on the day and year first written. � z= g= OWNER: Dallas Park Associates, Ltd. Signed, sealed and _ delivered in the presence of: ADRIAN B . WERNER pai.L.ti►S' L l eneral Partner f , i ATTEST: CITY OF MIAMI ' ,T 1I - ,•,..., . +•� ���• Approved By: - CLERK HO ARD V . GA iQ .,. CITY MANAGER � . /� M tt�i� ��I•t�V: t 40 x APPROVED AS TO FORM AND CORRECTNESS: t R JOSE R. GARCIA-PEDROSA t CITY ATTORNEY a4 a` t 'i '... •G Ts t �41 h , ggg v i xn. _-4 M. € xr > 4 e •" xA��a� ` ''r� Al x��s �.��h 4 j' L 1 ` ,� 'r . .jam r .f� 1 v � � '•i: ; r ;i3.sKfi'o:o-r4.� a_.r.. -R. f �? i <.., ..0 .,• ._ .- _ x rr.