HomeMy WebLinkAboutM-83-0844INTC19-OF=r-1Cl= MFMORANDUM
Howard V. Gary ;.,TE September 21, 1983
City Manager
Discussion Item: Request of
Miami Herald
odrig
uez, Director City Commission Meeting of
nning Department September 29, 1983: Agenda Item
Request from the Miami Herald Publishing Company for a partial
Certificate of Occupancy to permit use of the west side of the
sixth floor addition to the Miami Herald Building (pertaining
to Resolutions 82-460 and 82-461, May 27, 1982; Resolution
82-799, September 9, 1982; and the covenant dated February 7, 1983).
Recommendation
The Planning Department has reviewed the progress on certain conditions
pertaining to the Miami Herald addition, finds the Herald to be in substantial
compliance and recommends that the Commission instruct the Manager to authorize
the Fire, Rescue and Inspection Services Department to process issuance of a
partial Certificate of Occupancy for the sixth floor addition, provided that
the Miami Herald provide an irrevocable letter of credit or performance bond
in the amount of $110,000 representing 110% of the remaining 31% of the
baywalk and landscaping to be completed.
Background
Per City Commission Resolutions 82-460 and 82-461; May 27,.1982, (attached)
the Miami Herald was granted variances and modifications to the Waterfront
Charter Amendment to build a sixth floor addition of 43,000 square feet to
their existing building located at 1 Herald Plaza. Subsequently, these
resolutions were modified by Resolution 82-799; September 9, 1982 (attached).
All conditions are included in a covenant dated February 7, 1983. The
series of conditions established by these resolutions required:
-- continuation of a minimum of 917 parking spaces
-- paying $100,000 towards the cost of a pedestrian overpass
to Bicentennial Park; possible TV monitoring
-- an entrance feature for Baywalk
-- a minimum expenditure of $300,000 for landscaping and
beautification
Mo-rjo Al 83-844 ,
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Howard V. Gary September 21, 1983
-- a baywalk public easement abutting the bayfront and public
access thereto with maintenance by the Herald
-- upgrading the north setback area
-- that the Herald be allowed to restrict baywalk public access
for barge unloading operations, and
-- Commission review in one year; the Commission to make a finding
of compliance with the conditions prior to issuance of a
Certificate of Occupancy.
Analysis
In respect to the conditions, the Herald has continued 917 parking spaces
and provided a baywalk easement by covenant and contributed $100,000 toward a
pedestrian overpass. As for the landscaping and beautification of the Baywalk,
north setback area and entrance feature, 66% has been completed. Consideration
of issuance of a partial Certificate of Occupancy would still allow the Commission
to review complete compliance prior to issuance of a final Certificate of
Occupancy.
Attachments
83-- 844 .
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0
y r: • I17 STEEL HECTOR & DAVIS
SOUTHEAST FIRST NATIONAL BANK BUILDING
MIAMI, FLORIDA 33131
TELEx 51-5758
DARRET'AiJAVIS
(305) 577.2e5e
September 8, 1983
Mr. Howard V. Gary
City Manager, City of Miami
City Hall
Miami, Florida
RE: Miami Herald Agenda Request
Dear Mr. Gary:
PALM BEACH OFFICE
205'NORTH AVENUE
PALM BEACH, FLORIDA 33480
It is respectfully requested that The Miami Herald
Publishing Company be placed on the agenda for the Sept.
29th meeting of the City Commission.
The Miami Herald wishes to request approval of the
City Commission for a partial certificate of occupancy
to permit the use of the West side of the sixth floor
addition to the Miami Herald Building.
The Miami Herald presentation will include a status
report on the construction of the bay walkway project
prescribed in the -agreement with the City.
If further information is needed, please call me.
Respectfully submitted,
• Darrey A. Davis
For the Firm
DAD:dnv
cc: Joseph W. McManus
. 83-844 .
.
RESOLUTION NO. 8 2- 7 7 9
A RESOLUTION GRANTING REQUEST OF
MIAMI HERALD PUBLISHING COMPANY FOR
MODIFICATION AND CLARIFICATION OF
CERTAIN CONDITIONS PRESCRIBED IN
RESOLUTION NO. 82-460 AND RESOLUTION
NO. 82-461 GOVERNING CONSTRUCTION OF
A SIXTH FLOOR ADDITION TO EXISTING
BUILDING AT ONE HERALD PLAZA.
WHEREAS, the City Commission on May 27, 1982, adopted,
Resolution No. 82-460 granting variances to permit the
construction of a sixth floor addition to the existing Miami
Herald building, subject to the conditions prescribed therein;
and
WHEREAS, the City Commission on May 27, 1982, adopted
Resolution No. 82-461 granting modification of the requirements
of Section 3(4)(b) of the City Charter to permit construction
of a sixth floor addition to the existing Miami Herald building,
subject to the same conditions prescribed in Resolution
No. 82-460; and
WHEREAS, the Miami Herald requests modification and
clarification of certain of the conditionsl/prescribed in
Resolution No. 82-460 and Resolution No. 82-461, and the City
Commission has considered such request at a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The following condition contained in
Resolution No. 82-460 and Resolution No. 82-461:
Subject to the Miami Herald providing:
. . . a minimum expenditure of $300,000
for landscaping and beautification.
is hereby amended, modified and clarified to read as follows:
The landscaping and beautification of 83-844�.
the subject property at One Herald Plaza CITY COMMISSION
shall be accomplished in accordance with
the detailed plan submitted by the Miami MEETING OF
Herald.tand made a part hereof by reference
in an amount not less than $300,000.00. SEP9 1982
1/ City Commission finding of compliance With herein conditions 8 2 �' 7 7
is required prior to issuance of certificate of crc unancv.
Section 2. The following condition contained in
Resolution No. 82-460 and Resolution No. 82-461:
Subject to the Miami Herald . . .
paying 50% of costs for constructing a
public connecting walkway between the
Herald Building baywalk and Bicentennial
Park, said connector to be designed within
six months of May 27, 1982, and constructed
within one year of May 27, 1982; lighting,
maintenance and security, including tele-
vision monitors for the public connector
(should T.V. be utilized on the Herald
Building Baywalk Section) for the public
connector.
is hereby amended, modified and clarified to read as follows:
When a building permit is issued for
construction of a sixth floor addition
to the Herald building, the Miami Herald.
shall pay to the City the sum of $100,O00
to be applied toward the cost of construc-
ting a public connecting walkway between the
Miami Herald haywalk and Bicentennial Park;
television monitors for
the public connecting walkway (should T.V.
be utilized on the Herald Building Baywalk
Section) shall be the responsibility of the
Herald. If construction of the connector is
not commenced by the City within three years
from the date hereof, such cash contribution
and any accrued interest shall be utilized by
the City for creating or improving pedestrian
access, park or recreational facilities in
the general area.
Section 3. Resolution No. 82-460 and Resolution No. 82-461,
as amended, modified and clarified by this resolution, are
ratified and confirmed, and shall constitute the conditions
under which construction of the sixth floor addition to the
existing Mliami I:erald Building is permitted.
PASSED AND ADOPTED this 97!-' day of
.SEPTEMBER , 1982.
MAURICE A. FERRE
14AliRICE A. FEP.RE
t : Mayor
cf f/0 o
aTlph G. Ongie, City Cler
Reviewed Approve
Terry V. Per y, Deputy Cite Attorney
Approved as to Form and Correctness:
ose R. Garcia -Pedrosa, City Attorney
83--844, .
82 -779
RESOLUTION NO. 82--460
• A RESOLUTION GRANTING VARIANCE FROM
ORDINANCE 6871, ARTICLE XVI, SECTIONS
4(d) AND 6, TO PERMIT A 44,000 SQUARE
FOOT ADDITION TO THE EXISTING MIAMI
HERALD BUILDING ON TENTATIVE PLAT #1145-A
"HERALD PARK"; BEING 1 HERALD PLAZA,
AS PER PLANS ON FILE, PROVIDING A 35'
.SETBACK TO THE CENTERLINE OF THE STREET
FROM A POINT ONE-HALF (h) THE HEIGHT OF
THE BUILDING ABOVE GRADE (48.75' RE-
QUIRED); PROPOSING A FLOOR AREA RATIO
.(FAR) OF 2.52 (2.0 FAR ALLOWED); SUBJECT
TO THE MIAMI HERALD PROVIDING: THE CON-
TINUED EXISTENCE OF A MINIMUM OF 917
PARKING SPACES; PAYING 50% OF COSTS FOR
CONSTRUCTING A PUBLIC CONNECTING WALKWAY
BETWEEN THE HERALD BUILDING BAYWALK AND
BICENTENNIAL PARK, SAID CONNECTOR TO BE
DESIGNED WITHIN SIX (6) MONTHS OF MAY 27,
1982, AND CONSTRUCTED WITHIN ONE (1) YEAR
OF MAY 27, 1982; LIGHTING, MAINTENANCE
AND SECURITY, INCLUDING TELEVISION MONI-
TORS FOR THE PUBLIC CONNECTOR (SHOULD T.
V. BE UTILIZED ON THE HERALD BUILDING'S
BAYWALK SECTION); PROVIDING FOR SEVENTY-
FIVE (75) FEET OF GRADUATED FRONTAGE FOR
THE ENTRANCE FEATURE LEADING TO THE BAY -
WALK ON THE NORTHSIDE OF PROPERTY AND AN
ENTRANCE FEATURE ON THE SOUTHEAST CORNER
OF PROPERTY; REQUIREMENT FOR MINIMU14 EX-
PENDITURE OF $300,000 FOR LANDSCAPING AND
BEAUTIFICATION; A PUBLIC EASEMENT AVER-
AGING AT LEAST 20 FEET IN WIDTH ALONG AND
ABUTTING THE BAYFRONT FOR THE ENTIRE
LENGTH OF THE PROPERTY WITH PUBLIC ACCESS
AND SIDEWALK LEADING TO THE BAYFRONT
EASEMENT; FURTHER PROVIDING FOR MAINTEN-
ANCE OF EASEMENTS AND -AN INDEMNIFICATION
CLAUSE; REVIEW BY THE CITY COMMISSION IN
ONE YEAR; ZONED C-1 (LOCAL COMMERCIAL)
AND C-4 (GENERAL COMMERCIALj.
WHEREAS, the Miami Zoning Board at its meeting of
March 8, 1982, Item No. 10, following an advertised hearing,
failed to adopt Resolution No. ZB 30-82 by a 3 to 3 tie vote
DENYING VARIANCE as hereinafter set forth; and
r
WHEREAS, the applicant has taken an appeal from the
denial of the variance to the City Commission; and
WHEREAS, the City Commission, notwithstanding the denial
of the Zoning'Board, and after careful consideration of this
matter, finds that due to peculiar circumstances affecting
this parcel of land, practical difficulties and unnecessary
a
83-844.
CITY COMMISSICN
MEETING OF
MAY2 7 1982
8ti'""1t j
RiSx1JT10N N0.•«.�,...�.,.....�.
1
hardships would impair the owner's right to the reasonable
use of the property without the variance granted as herein- -
after set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for variance from Ordinance
6871, Article XVI, Section 4(d) and 6, to permit a 44,000
square foot addition to the existing Miami Herald building '
on*Tentative Plat #1145 - A "HERALD PARK", being 1 Herald
Plaza, as per plans on file, providing a 35' setback to the
centerline of the street from a point one-half () the
height of the building above grade (48.75' required), and
further proposing a proposed floor area (FAR) of 2.52 (2.0
FAR allowed); Subject to the Miami Herald providing: the
continued existence of a minimum of 917 parking spaces;
• paying 50% of costs for constructing a public connecting
walkway between the Herald Building baywalk and Bicentennial
Park, said connector to be designed within six (6) months of
May 27, 1982, and constructed within one (1) year of May 27,
1982; lighting, maintenance and security, including televi-
sion monitors for the public connector (should T. V. be
utilized on the Herald Building's Baywalk Section) for the
public connector;_ providing for seventy-five (75) feet of
graduated frontage for the entrance feature leading to the
baywalk on the northest corner of property as well as an en-
trance on the southeast corner of the property as proffered
by the applicant; a minimum expenditure of $300,000 for ;
landscaping and beautif ication,.a public easement averaging
at least• 20 feet in width along and abutting the bayfront
for the entire length of the property; a second public
access easement and sidewalk leading to the bayfront ease-
ment, with an average width of 10' '(minimum 5' j, along the
southerly property line, or a pedestrian opening in the
a
' 83-844.
existing fence for public access to the bayfront walkway;
upgrading of the setback area with landscaping and walls
-along the north property line as proffered by the applicant;
all public easements to be perpetually maintained by the
applicant; the City shall be held harmless for any liabil-
ity; the public access may be restricted during the time the
barge is docked for unloading operations; all development
plans for the aforementioned activity be reviewed and ap-
proved by the Planning Department prior to commencement of
any construction; review by the City Commission in one year;
zoned C-1 (Local Commercial) and C-4 (General Commercial),
be and the same is hereby granted.
PASSED AND ADOPTED this 27 day of May , 1982.
ATTEST:
LP?r G. ONGIE
ty Clerk
PREPARED AND APPROVED BY:
e/e -
V
qj!Le
TERRY V. ERCY
Deputy Ci y Attorney
MAURICE A. FERRE
MAURICE A. FERRE, Mayor
APPROVED AS TO FORM AND CORRECTNESS:
GE E F: KNOX, JR.
City Attorney
0
RESOLUTION NO. 82-'461
A RESOLUTION GRANTING MODIFICATION OF
REQUIREMENTS OF MIAMI CITY CHARTER CHAP-
TER 10847, SECTION 3(4)(b)-1 HERALD PLAZA
AS PER PLANS ON FILE TO PERMIT CONSTRUC-
TION OF AN ADDITION TO AN EXISTING BUILD-
ING AT 1 HERALD PLAZA WITH A PROPOSED 25'
SETBACK FROM THE SEAWALL AT THE POINT OF
MINIMUM DISTANCE (50' REQUIRED), AND
10.32' (5.19%) AGGREGATE SIDE YARD BASED
ON AVERAGE LOT WIDTH (198.8' (25%)-
QUIRED),; SUBJECT TO THE MIAMI HERALD
•PROVIDING: THE CONTINUED EXISTENCE OF A
MINIMUM OF 917 PARKING SPACES; PAYING
50% OF COSTS FOR CONSTRUCTING A PUBLIC
CONNECTING WALKWAY BETWEEN THE HERALD
BUILDING BAYWALK AND BICENTENNIAL PARK,
SAID CONNECTOR TO BE DESIGNED WITHIN SIX
(6) MONTHS OF MAY 27, 1982, AND CON-
STRUCTED WITHIN ONE (1) YEAR OF MAY 27,
1982; LIGHTING, MAINTENANCE AND SECURITY,
INCLUDING TELEVISION MONITORS FOR THE
PUBLIC CONNECTOR (SHOULD T. V. BE UTIL-
IZED ON THE HERALD BUILDING'S BAYWALK
SECTION); PROVIDING FOR SEVENTY-FIVE (75)
FEET OF GRADUATED FRONTAGE FOR THE EN-
TRANCE FEATURE LEADING TO THE BAYWALK ON
THE NORTHSIDE OF PROPERTY AND AN ENTRANCE
FEATURE ON THE SOUTHEAST CORNER OF PROP-
ERTY; REQUIREMENT FOR MINIMUM EXPENDI-
TORE OF $300,000 FOR LANDSCAPING AND
BEAUTIFICATION; A PUBLIC EASEMENT AVER-
AGING AT LEAST 20 FEET IN WIDTH ALONG AND
ABUTTING THE BAYFRONT FOR THE ENTIRE
LENGTH OF THE PROPERTY WITH PUBLIC ACCESS
AND SIDEWALK LEADING TO THE BAYFRONT
EASEMENT; FURTHER PROVIDING FOR MAINTEN-
ANCE OF EASEMENTS COVENANT AND AN INDEM-
'NIFICATION CLAUSE; REVIEW BY THE CITY
COMMISSION IN ONE YEAR; ZOPIED C-1 (LOCAL
COMMERCIAL) AND C-4 (GENERAL COMMERCIAL).
WHEREAS, the. Miami Zoning Board at its meeting of
March 8, 1982, Item No. 10, following an advertised hearing,
failed to adopt Resolution No. ZB 31-82 by a 3 to 3 tie vote
DENYING MODIFICATION OF MIAMI CITY CHARTER, as hereinafter
set forth; and
WHEREAS, the applicant has taken an appeal from the -
denial of the modification to the City Commission; and -
WHEREAS, the City Commission, notwithstanding the denial
of the Zoning Board, and after careful consideration of this
matter, finds that due to peculiar circumstances affecting
83-844
CITY COMMISSION
MEETING OF
MAY 2 7 1932
this parcel of land, practical difficulties and unnecessary
hardships would impair the owner's right to the reasonable
use of the property without the modification granted as
hereinafter set forth;
NCW,'THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA: _
Section 1. The request for modification of require-
ments of Miami City Charter, Section 3(4)(b) - 1 HERALD
PLAZA, to permit construction of an addition to an existing
building at 1 Herald Plaza with a proposed 25' setback from
the seawall at the point of minimum distance (50' required),
and 10.32' (5.19%) aggregate side yard based on average lot
width (198.8' (25%] required); Subject to the Miami Herald
providing: the continued existence of a minimum of 917
parking spaces; paying 50% of costs for constructing a
public connecting walkway between the Herald Building bay -
walk and Bicentennial Park, said connector to be designed
within six (6) months of May 27, 1982, and constructed
within one (1) year of May 27, 1982; lighting, maintenance
and security, including television monitors for the public
connector ( should T. V. be iitil ized• on the Herald Build-
ing's Baywalk Section) for the public connector; providing
for seventy-five (*75) feet of graduated frontage for the en-
trance feature leading to the•baywalk on the northest corner
of property as well as an entrance on the southeast corner
of the property as proffered by the applicant; a minimum ex-
penditure of $300,000 for landscaping and beautification; a
public easement averaging at least 20 feet in width along
and abutting the bayfront for the entire length of the prop-
erty; a second public access easement and sidewalk leading
to the bayfront easement, with an average width of 10'
(minimum 5') along the southerly property line, or a pedes-
trian opening in the existing fence for public access to the
83-844.
2
bayfront walkway; upgrading of the setback area with land-
scaping and walls along the north property line as proffered
by the applicant; all public easements to be perpetually
maintained by the applicant; the City shall be held harmless
for any liability; the public access may be restricted dur-
ing the time the barge is docked for unloading operations;
all development plans for the aforementioned activity be re-
viewed and approved by the Planning Department prior to com-
mencement of any construction; review by the City Commission
in one year; zoned C-1 (Local Commercial) and C-d (General
Commercial), be and the same is hereby granted.
PASSED AND ADOPTED this 27 day of May
ATTEST:
RALP G. ONGIE
ity Clerk
PREPARED AND APPROVED BY:
�n
TERRY V. IPERCY
Deputy City Attorney
1982.
M.AURICE A. FERRE
MAURICE A. FERRE, Mayor
APPROVED AS TO FORM AND CORRECTNESS:
GEO p F. KNOX, JR.
CitIVAttorney '
83-84 4
i 3
82-�f G