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Home My WebLink AboutR-82-0460!`~ '"~ .d,, RESOLUTION NO. ~'~""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 (~) 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 MINIMUM EX- PENDITURE OF $300,000 FOR LANDSCAPING AND BEAUTIFICATION; A PUBLIC EASEMENT AVER- AGING AT LEAST 20 FEET IN WIDTH ALONG AND ABUTTING THE BAYFRONT FOR THE ENTIRE LENGTH OF THE PROPERTY WITH PUBLIC ACCESS AND SIDEWALK LEADING TO THE BAYFRONT EASEMENT; FURTHER PROVIDING FOR MAINTEN- ANCE OF EASEMENTS AND AN INDEMNIFICATION CLAUSE; REVIEW BY THE CITY COMMISSION IN ONE YEAR; ZONED C-1 (LOCAL COMMERCIAL) AND C-4 (GENERAL COMMERCIAL). WHEREAS, the Miami Zoning Board at its meeting of March 8, 1982, Item No. 10, following an advertised hearing, failed to adopt Resolution No. ZB 30-82 by a 3 to 3 tie vote DENYING VARIANCE as hereinafter set forth; and WHEREAS, the applicant has taken an appeal from the denial of the variance to the City Commission; and WHEREAS, the City Commission, notwithstanding the denial of the Zoning Board, and after careful consideration of this matter, finds that due to peculiar circumstances affecting this parcel of land, practical difficulties and unnecessary G G ''~ '~ CITY C~MM[SS[pN MEkTiN~a 4F MAY 3 7 1982 ~ownar No...2-~60 !- -'~ w hardships would impair the owner's right to the reasonable use of the property without the variance granted as herein- . after set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The request for variance from Ordinance 6871, Article XVI, Section 4(d) and 6, to permit a 44,000 square foot addition to the existing Miami Herald building on Tentative Plat #1145 - A "HERALD PARK°, being 1 Herald Plaza, as per plans on file, providing a 35' setback to the centerline of the street from a point one-half (~) the height of the building above grade (48.75' required), and further proposing a proposed floor area (FAR) of 2.52 (2.0 FAR allowed); Subject to the Miami Herald providing: the continued existence of a minimum of 917 parking spaces; paying 50$ 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 beautification, 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') , along the southerly property line, or a pedestrian opening in the 2 82~~EiCi ~ ~. 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 r 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. MAUP,ICE A ~ FERRE ATTEST: RALP G. ONGIE ity Clerk PREPARED AND APPROVED HY: I~ J TERRY V. ERCY Deputy Ci y Attorney MAURICE A. FERRE, Mayor APPROVED AS TO FORM AND CORRECTNESS: ~` ~~ GE E F. KNOX, JR. Cit Attorney ---~ 3 82~-4~6C- ~„ i. 1"i ,?-c:F~iCE ' IF_t•104ANDU`•i L~ _ ~ .. ~~, Howard V. Gary City Planager o~TE April 6, 1982 F"`- -r,~{ •~.F~~, APPEAL-VARIANCE DENIED BY ZONING BOARD & '.. P10DIFICATION OF REQUIREMENTS, CITY CHARTEF CHAPTER 10047,Sec. 3(4)(b)-1 HERALD PLAZA. '• ,-F~~~~,"~~~ COPI~IISSION MEETI~dG- APRIL 22, 1982 Director -- PLANPJING APJD ZOFlI"JG AGENDA Planning and Zoning Boards -'~~_==~~~CS• Administration_Department The P~iiami Zoning Board, at its meeting of P~iarch 8, 1982, Item #10, following an advertised Hearing, failed to adopt a motion to recommend 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,by a 3 to 3 tie vote, which CONSTITUTES A DENIAL, 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). Four proponents were present at the Zoning Board meeting. A RESOLUTION to provide for the above has been prepared by the City Attorney's Of ice an submitted for consideration of the City Commission. AEPL:mc cc: Law Department NOTE: Planning Department Recommendation: APPROVAL. 82-46~ Howard V. Gary Cit.v Manager Direc Planning and Zoning 3oards ~~~Administration Department FILE ""` "~ APPEAL-VARIANCE DEPJIED BY ZONING BOARb & -• MODIFICATION OF REQU I REt•1ENTS, CITY CHARTER CHAPTER 10847,Sec. 3(4)(b)- i HERALD PLAZA. COP1i4ISSIOPJ AGENDA - APRIL ?_2, 1982 PLANPdifJG & ZONING, ~Tci•1S The Miami Zoning Board, at its meeting of Plarch 8, 1982, Item #10, following an advertised Hearing, adopter Resolution PJo. ZB 30-32 by a 4 to 2 vote DENYING Variance from Ordinance 6871, as per the attached, on Tentative Plat #1145-A "HERALD PARK"~ being located at 1 Herald Plaza. Four proponents present at the meeting. A RESOLUTION to provide for this Variance has been prepared by the City At.orney s ffice and submitted for consideration of the City Commission. AEPL:mo cc: Law Department NOTE: Planning Department recommendation: APPROVAL. /l'~, 82-~6G ~. - ~ ~LCITYOe•'1I4F'I STEE'~ HECTOR & DAMS ~• SOUTHEAST FIRST NATIONAL BANK BUILDING ~Q~ ~,it;P ~~ ~~ •~'~ MIAMI, FLORIDA 33131 VV (' March 15, 1982 TELEPHONE DARREY A. DAMS !3051 577-2800 TELEX 51-$756 DIRECT OPAL NUMBER (305) 577-2858 Mr. Aurelio E. Ferez-Lugones Director, Planning and Zoning Boards Administration Department 275 N.~4. Second Street Miami, Florida 33128 Re: The Miami Herald Publishing Company, Appeal from Decision of Zoning Board Dear Mr. Perez: The Miami Herald Publishing Company hereby requests the City Commission to review the decision of the Zoning Board rendered March 8, 1982, as shown by Resolution No. ZB 30-82. This appeal seeks review by the City Commission of the decision of the Zoning Board denying or failing to grant the application of The Miami Herald Publishing Company for: Variance from Ordinance 6871, ARTICLE XVI, Sections 4(d) & 6, to permit a 44,000 sq. ft. addition to the existing Miami Herald Building on above site, as per plans on file, providing a 35' setback to the center- line of the street from a point one-half (1/2) the height of the building above grade (48.75' required), and further pro posing a Floor Area Ratio (FAR) of 2.52 (2.0 FAR allowed); zoned C-1 (Local Commercial) and C-4 (General Commercial). This application subject to the City of Miami Charter Amendment approval for set- back from the seawall-and view corridor and no building permit shall be issued until a final plat has been approved and recorded. 8z-~s~ i ~- ~-, STEEL HECTOR 6 DAVI5 Mr. Aurelio E. Perez-Lugones March 13, 1982 Page Two PL CfTY~OF hftAN- . -~~ :; r, The property involved is located at One Herald Plaza, Miami, Florida. A check for $500.00, payable to the City of Miami, in payment of the prescri}aed fee, accompanies this appeal requesting review of the said Zoning Board decision by the City Commission. If any additional information is needed, please advise. Respectfully submitted, DAD/m Darrey A. Davis, Attorney for The Dliami Herald Publishing Company. 8~`~6C ~, /. f f ' t~ _ ZONING FACT SHEET LOCATION/LEGAL 1 Herald Plaza Tentative Plat #1145-A "HERALD PARK" OWNER/APPLICANT The Miami Herald Publishing Co. B. C. Carter Vice President & General Mgr. One Herald Plaza Miami, Florida 33101 Telephone #350-2611 Darrey A. Davis (ATTORNEY FOR APPLICANT) 1400 Southeast Bank Bldg. • Miami, Florida 33131 Phone #577-2858 ZONING C-1 (Local Commercial). REQUEST Request a modification of the requirements as setforth in Section 3(4)(b) of ±he City of Miami • Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, to permit an addition to the existing Miami Herald Building on above site, as per plans on file, with a proposed 25' setback from the seawall at the point of minimum distance (50' required), and 10.32' (5.19°6) • aggregate side yard based on average lot width (198.8' (25%) required). and RECOMMENDATIONS Variance to permit a 44,000 sq. ft, addition to the existing Miami Herald Building on above site, as per plans on file, providing a 35' setback to the centerline of the street from a point one-half (1/2) the height of the building above grade (48.75' required) and further proposing a Floor Area Ratio (FAR) of 2.52 (2.0 FAR allowed). PLANNING DEPT. APPROVAL SUBJECT TO THE CONDITIONS SETFORTN HEREIN. n re urn or mo i ica ion o e require se ac s and side yard requirements the following public benefits should be provided: 1. A public easement, at least averaging ZO feet in width along and abutting the bayfront for the entire length of the property. The Bay- walk to be provided should be at least 12 feet in width, confirming to Baywa]k Guidelines wi~ere appropriate. ~~-4s~ • ,,~, PUBLIC 4JORKS 2. A 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 Pedestrian opening in the existing fence for Public access from the 13th Street sidewalk to the bayfront walkway. 3. An entrance feature at the north east and southeast corner of the property as prof erred by the applicant. 4. Upgrading of the setback area with landscaping and walls along the north property line as proferred by the applicant. 5. All public easements tb be perpetually maintained by the applicant. The City shall be held harmless for any liability. 6. The public access may be restricted during the time the barge is docked for unloading operations. 7. All development plans for the aforementioned activity be reviewed and approved by the department prior to commencement of any construction. and APPROVAL. A hardship can be recognized when work- ing~~the restraints of an existing building _ , which was conforming when constructed but became nonconforming in part due to zoning ordinance amendments. As additional property across the street is part of the total development the F.A.R, request is reasonable the setback variance does not impact the total street frontage or adjacent properties that are not owned by the applicant. Dedication is required by Plat. DADE COUNTY TRAFFIC Has no objection to this proposal; however, AND TRANSPORTATION there appears to be severe pressure for on-street parking in the area due to Miami Herald staff, even though City Code requirements are met. ZONING BOARD ON MARCH $, 19$2 MOTION TO RECOMMEND APPROVAL FAILED TO AASS BY A VOTE OF 3-3; WHICH CONSTITUTES DENIAL. 82-~~e ---------------- - - - -- % - d ID to �a z S (•------ - 34 _ , .. , •_ �. .. '�"� �CLOIA PLAZA � VENETIA PHASE 'AX TERN..- TRi C. T 'r` Z c � s 40� r a 6 TRACT Wdo I , N 7. E A jJA 21p 1 15 1 i9 20y y' So 4 AM"l BROADCASTING C +�s5EREMy•PARK w"'j,So So 129.89 Z »I bb c 60'"M°' Ilas 1 +se.ss 13G77 - : { 1 12 13 a g lw� Q N.I.14 ST122•-• 4j% cEREN PK. �q0 14 1V �v +se.lz314 71— I65 fE 39 9 a06 �i • , 141 al. 1+ it 12 1 vxs E; e PERSHING E6 - •�� S2 ram_ 1�IA IJN COURT AMf ADO.Tp f;-. 4 -6 . S <ENA ' I _ PARK a, o •I w" TS 110 121 Z -TRACco w2 dY7 • xIC i I ^em s 90 l e "io ° ~ ^--A" o w3 w6 o "Y �D 1 r�i ° w4 w5 1 ,. - ;=f`i .:v�_ 2: �S• 'a11?P2 ? •;? ; , - ` MtMO50R PARK 3RD.♦ {� E. AL.-S AMND. ' 1 , •-•AMEN 0,0 •fir .. I 6PAi2 • f ~ ' ~ To. Howard V. Gary City Manager CITY OF MIA M1. FLORIDA 1, ~ INTER-OFFICE MEMORANDUM . - ~ DATE• March 11 , 19 ~ 2 FILE. SU9JECT: Request of Commissioner /'' ~~~a~r Miller J. Dawkins FROM J seph W. McManus REFERENCES: M2amz Herald ` s Zoning ctinq Director Variance Request. Planning Department ENCLOSURES: Cotrmiissioner Dawkins by memorandum of March 4, 1982 requested information on the Miami Herald's zoning variance request. For -~ your information; the Zoning Fact Sheet reviewed by the Zoning 1 Board on March 8th and to be reviewed by the Commission on { April 22nd is attached and the following information is supplied: 1. Miami Herald proposed a 44,000 square foot addi- . tion, at the fifth floor level to their existing 644,000. square foot building at the site bounded•by l4acArthur • Causeway (rIE 13th Street) Biscayne Bay, Venetian Causeway (NE l5th Street). and Herald Plaza. The original building was constructed in 1962, prior to the present zoning re- gulations and Waterfront Charter Amendment. The Herald's request for variances includes providing a 35' setback to the centerline~of the street from a point one-half (I/2) the height of the building above grade (48.75' required), and a Floor Area Ratio (FAR) of 2.52 (2.0 FAR allowed) . 2. Waterfront Charter Amendment Request The Waterfront Charter Amendment requires 1) a setback of at least 50 feet from the seawall and 2) average side. yards aggregating at least 25 percent of the water frontage of the lot for structures located on Biscayne Bay and the Miami River to NW 5th Street • (with certain exceptions) providinq further that the City Commission may modify the above setback and side- yard requirements if the Commission .determines that the modifications requested provide public benefits which promote a better urban environment and public' advantages or which preserve natural features. Public benefits may include such amenities as direct public access, public walkways, plaza dedications or covered parking up to the floor plain level. _ .~ Howard V. Gary Page 2 March I1, 1982 The Miami Herald building, as presently constructed does not meet the requirements of the Charter amend- ment. Most of the building lies within 22 to ~5 feet of the seawall, the loading dock is 12 feet from the seawall. Side yards aggregate 10.32 (5.190 feet while 198.8; (25b) feet is required. 3. Summary of Negotiations During meetings with Mr. Richard Whipple of the Plan- ning Department in January and early February 198?. rep- resentatives of the Miami Herald, in a sp:.rit of co- operating with the intent of the Charter Amendment, offered a 6,600 square foot public park, opposite their parking Iot at the north end of the site, between the parking lot and the seawall. They also offered perimeter landscaping of the parking lot along NE 15th Street. Conversely, the Herald maintained that building security, truck unloading and barge un- loading operations precluded a baywalk. In meetings of February 26th and March 2nd, 1982 Mr. Joseph McManus, Acting Director and Mr. Whipple informed the Herald representatives that the Planning Department would recommend a public baywaLk along the seawall from Venetian Causeway to MacArthur Causeway; that security and unloading problems could be overcome. Again, in a spirit of cooperation with the intent of the Charter Amendment, the Herald acceeded to this recommendation and a proffer was made at the Zoning Board hearing of March 8, 1982. 4. Explanation of Average Width of Baywalk The area available for the baywalk is dictated by the location of the existing building, the truck unload- iMg dock and the seawall. At the narrowest point, the building is 25 feet from the seawall; the north end of the building is approximately 30 feet from the seawall and the south end of the building is 45 feet from the seawall. The Planning Department's recom- mendation is that a public easement be provided which averages 20 feet in width overall, but which has a minimum of 12 feet at the truck unloading dock. Overall, approximately 26,000 square feet of easement is being provided. JWM:mb cc Mayor Maurice Vice Mayor J~ Commissioner r. Commissieri.^r Commissioner A. Ferre ~e Carollo Miller ~. Dawkins T.L. Pl..~amer Jr. S2••.,~,*'l~ ~emetrio Perez Ji . `"v