HomeMy WebLinkAboutR-82-0752RESOLUTION NO. 82-7552
A RESOLUTION CONDITIONALLY GRANTING A MODI-
FICATION OF THE REQUIREMENTS, 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 (TO BE
CONVERTED TO THE DALLAS PARC HOTEL) AT 100
SOUTHEAST 4TH STREET, WITH A PROPOSED 35'
SETBACK FROM THE SEAWALL AT THE POINT OF
MINIMUM DISTANCE (50' REQUIRED) AND 4'
AGGREGATE SIDE YARD BASED ON AVERAGE LOT
WIDTH (30.04' REQUIRED).
WHEREAS, the City of Miami Zoning Board, at its meeting of
July 19, 1982, Item No. 1 (a) following an advertised hearing
adopted Resolution No. ZB-125-82, by a 4 to 3 vote RECOMMENDING
A MODIFICATION of the requirements as set forth in Section 3(4)
(b) of the City of Miami Charter, Chapter 10847, Special Acts,
Laws of Florida, 1925, as amended, as hereinafter set forth;
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;
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 re-
quirements, as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. A modification of the requirements 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 (to be converted
to the Dallas Parc hotel) at 100 Southeast 4th Street, with
a proposed 35' setback from the seawall at the point of minimum
distance (50' required), and 4' aggregate side yard based on
average lot width (30.4' required) be and the same is hereby
granted, conditioned upon the applicant tendering the
CITY COMMISSION
MEETING OF.
JUL2 9 1982
^�7
One Hundred Fifty Thousand Dollars ($150,000.00) cash contri-
bution toward construction of Fort Dallas Park.
PASSED AND ADOPTED this 29 day of July , 1982.
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
ATTES
MA TIE HIRAI
ACTING CITY CLERK
PREPARED AND APPROVED BY:
LJOEL MAXWELL
SISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J4__ e"a av$ &A-40kamo.
CITY ATTORNEY
2
8290-75T
Howard V. Gary
City Attorney
urelio E. Perez- ugones -
Director
Planning and Zoning Boards
Bdmi.n,i-str..at_i..on_Department
July 15, 1982 r:LE
MODIFICATION OF REQUIREMENTS, CITY
CHARTER CHAPTER 10847, Sec. 3(4)(b)-
100 S.E. 4th Street
COMMISSION AGENDA - JULY 29, 1982
PLANNING AND ZONING ITEMS
The Miami Zoning Board, at its meeting of July 19, 1982, Item 41(a), following
an advertised Hearing, will consider recommending a modification of the
requirements 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 (to be converted to the Dallas Parc Hotel)
at 100 S.E. 4th Street, with a proposed 35' setback from the seawall at the
point of minimum distance (50' required), and 4' aggregate side yard based on
average lot width (30.04' required).
The recommendations of the Zoning Board in this matter will be presented to
the Commission during the Commission meeting.
A RESOLUTION to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration of the City Commission.
AEPL:bpm
cc: Law Department
NOTE: Planning Department recommendation is on the attached memorandum
dated July 8, 1982.
82-752
' ON
ZONING FACT SHEET
LOCATION/LEGAL
100 S.E. 4th Street
un-numbered block in FOnT DALLAS PARE; (A-85)
as per survey on file in the Planning and
Zoning Boards Administration Department
OWNER/APPLICANT
Dallas Parc Associates, Inc.
c/o Adrian Werner, Trustee
7301 S.W. 133th Terrace.
Miami, Florida Phone ,-251-6541
ZOi11;1G
C-3 (Central Cormerci al ) .
REQUEST
Request a modification of the requirements as set
forth in Section 3(4)(b) of the City of ;,liami-
Charter, Chapter 10847, Special Acts, Laws of
Florida, 1925, as amended, to permit an addition
to the existing structure (to be converted to
Dallas Parc Hotel) on above site, as per plans
on file, with a proposed 35' setback from the
seawall at the point of minimum distance (50'
required), and 4' aggregate side yard based on
It.
average lot width (30.04' required).
RECO;';?ENP ATIO;;S
PLA;;;;I',G 7EPT. Planning Department recommendation i s on the
attached memorandum dated 7/8/82.
PU°LiC t;OR�:S Reco, ^�endations to be presented verbally at
meeting.
ZO't'i„G BOARD This item continued from the July 12, 1982, to the
7/12/82 July 19, 1982 meeting.
PLANNING DEPT. Please see attached memorandum dated 7/16/82 of
UPDATE recommendation and letters.
ZONING BOARD RECOMMENDED APPROVAL with conditions on July 19, 1982
7/19/82 by a 4 to 3 vote.
82-'752
Zoning Board
;seph W. McManus
Acting Director
Planning Department
July 16, 1982
Zoning Board Acrenda
July 19, 1982
Item Ala
TIt. C.
The applicant has requested deviations from waterfront and
side yard setbacks as required by the Waterfront Charter
Amendment.
Recommendation: Denial of the deviations from the waterfront
Charter amendments based on the proffer of the applicant by
letter of July 15, 1982 (attached).
The Planning Depart--.ent would recommend approval if the following
conditions are met:
1. Participaticn by the applicant in the de-%elonrent of
Ft. Dallas Park to the construction limits in the attached
sketch, in the amount of $400,000 (in 1982 dollars); the
applicant ha•:ing the right to undertake the construction
using City plans and specifications; the City retaining
the right of approval of completed construction for con-
formity to plans.
2. Future participation in the development of drives and
parking areas immediately north of the present park which
may be proposed for construction by the City.
This cost participation on the part of the applicant represents about
50. of the estimated cost to complete the development of: Ft. Dallas
Park and the restoration of the Butler Building.
For comparison, the City of Miami has already spent or is spending:
At Bauder Fashion College
--11G lineal feet of riverw alk
construction $246,600
At Ft. Dallas Park
--land acquisition $418,000
--155 lineal feet of riverwalk
construction 357,000
--relocation of Butler Building 31,000
--Restoration Consultant's fee 4,450
810,450
Total $1,057,0�2-752
Zoning Board July 16, 1982
For comparison purposes, the developer of property on the
west side of Ft. Dallas Park already contemplates substantial
costs relating to the riverwalk and future extension of the
Downtown Component of Metrorail. These costs are as follo:•is:
--352 lineal feet of riverwalk
construction $589,248
--aerial easement/dedication
of 2800 square feet for future
south leg of DCM 350,000
Total $939,248 ..
The Planning Department recommends the site access plan attached
substituting for plans on file.
The applicant has supplied a statement and deeds substantiating that
the c•:mership of Bauder Fashion College and land •rest of Miami Avenue
are not the same.
,7M*,I;/ t`b
Attachment
82- 752
,AV&
C Fr
r,04
A
DALLAS PARK
HOTEL
FORT DALLAS PARK
CONSTRUCTION'!
LIMIT
CONSTRUCTION LIMIT
L
LL-
RIVER WALKWAY
MIAM% RIVER
82-752-
LAW 7Fr(CES
Fmr•. •J,�co»soN BLOCK I LEIN COLAN £r SIMON, P.A.
P. O BOX 340800
IRWIN J. 8LOCK 2401 DOUGLAS ROAD
MITCHELL R. BLOOMBERG
BRUCE JAY COLAN ;�TL1mi. FionIDA 4131:14
GENE ESSNER
MARTIN FINE (3051 446-22CO
MICHAEL HALPE-N
0r V3UNSEL
SAMUEL GOLDMAN TELEX 52-2726
ALAN R. HECHT
61S W HITEHEAD STMEET
GERALD T. HEFFERNAN KEY
SARA 8 HERALD
WEST. FLORIDA 33040
BEPNARO JACOBSON
1305i 296-5667
THEODORE KLEIN
MANUEL LUBEL
CABLE ADDRESSES
KATHLEEN P. MCGILVRAY
MIAMI- ,•"IAMILAN**
REBEKAH J. POSTON
KE" WEST -"KE:!S-?W"
STANLEY S. PRICE HAND DELIVERED
JOSEFH H SEROTA
STUART L. SIMON
LINDA ANN WELLS
July 15, 1982
Mr. Joseph McManus, Director
_ •,J -
Planning Department
- : -
City of Miami
275 Northwest Second Street
=
Miami, Florida
Re: Dallas Parc Hotel-
100 Southeast Fourth Street
= -
Miami, Florida
Dear Mr. McManus:
On behalf of Adrian Werner, as Trustee, owner of the
Dallas Parc Hotel, we are authorized to proffer to the City of
Miami as an inducement to the granting of a deviation of the
provisions of the City Charter (with respect to side and rear
yard setback requirements applicable to riverfront properties)
that:
1. The owner will construct and equip a restaurant at
a cost of approximately $500,000 as a second story to an existing
one story structure facing the Miami River.
2. Unobstructed access will be provided from the Cityls
Riverwalk to the restaurant, at the expense of our client; and
3. The restaurant will be opened to the public.
It is important to point out that only a small portion
of the proposed restaurant will project into the fifty foot set-
back area. If in fact the requested deviation is not granted, the
owner can nonetheless construct a restaurant under existing
regulations; however, it will not be as attractive or beneficial
to the public and would negate the objectives of the Riverwalk
plan. The affected area is shown in the accompanying sketch.
82-'752
Page two
Mr. Joseph McManus, Director
July 15, 1982
In addition to the restaurant, our client will construct
additional elevators on the west side of the existing building.
The proposed elevators will be glass enclosed and will enhance
the beauty of the community. For the staff's edification, we
have enclosed a photograph which clearly indicates that at this
location there is no scenic corridor to the iiiami River and the
general public will not be deprived on one by the proposed elevators.
A driveway through the N.W. corner of the hotel as proposed
by George Campbell at our meeting on July 13, 1982 is acceptable to
our client and constitutes a material contribution to alleviating
traffic congestion for the City and the public at this cricical
location.
We look forward to your favorable response to the appiica-
tion.
Very truly yours,
Stanley B. Price
SSP:bv
51400-004
Enclosure
cc: Mr. Adrian Werner
FINIS .1ACO11sO N ]i►.f►c•►; R A.
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July 15, 1982
Mr. Martin Fine, Attorney
2401 Douglas Road
Miami, Florida 33134
Dear Mr. Fine:
The Parks Department strongly feels that the joint
development of Fort Dallas Park and the Dallas Parc Hotel
(Bauder Fashion College property) would be beneficial to
all concerned parties. The public would benefit from
the substantial completion of this uniquely situated
riverfront park, and the Dallas Parc Hotel would benefit
from the attractive entrance plazas and landscaping which
have been designed to complement the main entrance to the
Hotel. In addition to the capital value added to the Hotel
property, the Hotel would also benefit from the signific-nnt
tax advantages gained by donating funds or construction itoms
to the City.
Since we seemed to have reached an impasse after yesterday's
meeting, I would like to submit the following preliminary
proposal for your consideration and future discussion:
1) The cost of the Riverfront improvement
and other items adjacent to the Hotel
already paid for by the City would be
identified. Presently, a conservative
figure of these items appears to be in
the $400,000+ range.
2) The costs of improvements immediately
adjacent to the Hotel would be identified
in an amount approximating the funds
already funded by the City.
3) This immediately adjacent area would be
constructed first - thus insuring that
the ..,orld class Hotel would directly
benefit from the exciting plazas and
landscaping planned for Dallas Park.
82-'752 -
94
Mt-. Martin Fine, Attorney July 15, 1982
4) The contractor_ doing the work on the
Hotel could also do the work in the
park. Because of the efficiencies and
flexibilities in negotiating private
versus public construction contracts,
it is possible that considerable
savings could be gained which might
substantially reduce the actual costs
to the Hotel developer. An additional
benefit would be the simultaneous
completion of the hotel and the adjacent
area of the park.
5) The unfunded area of the Dark, primarily -
the area around the Butler Building,
would be cleaned up by the Parks Denart-
ment, graded, seeded and landscaned to
insure that the park would be visually
attractive.
In order to assist your consideration of this a^nroach,
I am enclosing three site olans of the nark sho%.,ina
the General areas re`erred to. Because of the need
to coordinate and formalize this acireement through the
Planni.na Department and the Citv com.-Fission I look
for::ard to discussing thi s %.:ith you in the very near
future.
CF;/cg
Enclosures
Sincerely,
r�
Carl I:ern, Director
Deuartment of Parks
82-'752
TJ. Zoning Board GATE. July 8, 1982 F;LE:
Zoning Board Agenda
July 12, 1982
Item # 10
`seen w. mcmanus
"cting Director
Planning Department
The applicant has requested deviations from waterfront and
side yard setbacks as required by the Waterfront Charter
Amendment.
Recommendation: Approval of a deviation from the waterfront
Charter Amendment provided the applicant responds positively
at the Zoning Board meeting of July 12, 1982, to the follcsina
issues; otherwise the Department will request a continuation
to July 19 :
1. The use of public right-of-way for truck access,
maneuvering and storage; for covered marquee and
landscaping and for ta::i storacie.
2. The extent to which the applicant also holds an owner-
ship interest in land irrumi diately west of eliami avenue,
which is needed for the widening of Miami Avenue at the
north bridgehead of the new Miami avenue bridge. This
widening is an integral part of the redevelopment r_ro-
posed from Miami Avenue east to the applicant property.
3. The participation of the applicant in t1-e development
of Ft. Dallas Park and restoration of the Butler Buildina.
For comparison, the City of Miami has or is spending:
At Bauder Fashion College
--110 lineal feet of riverwalk
construction $246,600
At Ft. Dallas Park
--land acquisition $418,000
--155 lineal feet of riverwalk
construction 357,000
--relocation of Butler Building 31,000
--Restoration Consultant's fee 4,450
-- 81.0, 450
Total $1,057,050
82-'752
Zoning Board July 8, 1982
It is estimated that development of Ft. Dallas Park will cost
an additional $650,000 plus $100,000 for restoration of the
Butler Building, for which funding is not identified.
For comparison purposes, the developer of property on the
west side of Ft. Dallas Park already contemplates substantial
costs relating to the riverwalk and future extension of the
Downtown Component of Metrorail. These costs are as follows:
--352 lineal feet of riverwalk
construction $589,248
--aerial easement/dedication
of 2800 square feet for future
south leg of DCM 350,000
Total $939,248
JW:-i 'vb
82-'752