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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. 2-0 000GIL<c n,OLn . f•--4-MI, FL^ _'.1.-.4 . 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IS: :: .''f'r •` ffcTZxF.Pt-T- lYfzrF w NT ISM UUNr oTT,,Y D43rItIG �''` cNER arT►NC 1 om 31 r I ' j ���f 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