HomeMy WebLinkAboutR-81-0724RESOLUTION NO 81 7 x 4
A RESOLUTION GRANTING A ONE YEAR EXTENSION
OF A CONDITIONAL USE AS LISTED IN ORDINANCE
NO 6871, ARTICLE XI, SECTION 1(5)(b) TO
PERMIT CONSTRUCTION AND OPERATION OF DRIVE-
IN TELLERS ON LOTS 1, 2 AND 3 LESS NORTH
5 FEET OF LOT 1 FOR RIGHT-OF-WAY; BLOCK 2;
WINDSOR PARK 3RD AMENDED (4-145) BEING
S.W. CORNER OF THE INTERSECTION OF N.E.
13TH STREET AND N.E. 2ND COURT AS PER RE-
VISED PLANS ON FILE; ZONED C-4 (GENERAL
COMMERCIAL) .
WHEREAS, Article XXXII of the Comprehensive Zoning
Ordinance No. 6871 permits an extension of a Conditional Use
by the City Manager with approval of the City Commission, for
a one year period; and
WHEREAS, the City Manager recommends the extension of the
Conditional Use granted by Zoning Board Resolution No. ZB-3-81;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for a one year extension of the
Conditional Use granted from Ordinance No. 6871, Article XI,
Section 1(5)(b) to permit construction and operation of
Drive-in Tellers on Lots 1, 2 and 3 less north 5 feet of Lot
1 for right-of-way; Block 2; Windsor Park 3rd Amended (4-145)
being S.W. Corner of the intersection of N.E. 13th Street and
N.E. 2nd Court as per revised plans on file; zoned C-4
(General Commercial), be and the same is hereby granted.
PASSED AND ADOPTED this 23rd day of July , 1981.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
AT
RKLIN G. ONGIE, CIT CLERK
W-1444
ASSISTANT C
TOIFORM
CIT ATTORNEY
CORRECTNESS:
C rrY COMMISSION
MEETING OF
JUL2 3 1981
urt,ou oo. 8 1, _7 2
OROM
2 ?.
Howard V. Gary
City Manager
-t4,oseph W. McManus, Acting
irector - planning Department
DAM June 2, 1981 FILC
Su91EC:! SW Corner NE 13th Street '•
and 2nd Court - Windsor
Park 3rd AMD
REFERENCES
ENCLOSURES:
Although the Department did not recommend
the original conditional use request for
a drive-in teller facility at this location,
since the Zoning Board granted this use and
because no additional evidence has been
submitted since this approval, the Depart-
ment has no objection to an extention of
this use at the subject property.
JWM/SG:ek
M
OL
ZONING FACT SHEET
LOCATION/LEGAL (a) S.W. corner of the intersection of N.E. 13th Street
and N.E. 2nd Court
Lots 1, 2 & 3 less the N5' of Lot 1 for right of way;
Block 2;
WINDSOR PARK 3RD AMD (4-145)
and
(b) Approximately 1290 Biscayne Boulevard
Lots 1, 2, 3, 6, 7 & 8 less portion of Lots
7 & 8 for right of way; Block 1; and
Lots 1, 2 & 3 less the N5' of Lot 1 for right of way;
Block 2;
WINDSOR PARK 3RD AMD (4-145)
OWNER The Keyes Company Realtors
c/o Mr. Morton A. Orbach, Assistant to President
100 Biscayne Blvd.
Miami, Florida 33132
APPLICANT Martin Fine
Douglas Road
Miami, Florida Phone #446-2200
ZONING (a) C-4 (General Commercial).
and
(b) Block 1 zoned C-1 (Local Commercial);
Lots in Block 2 zoned C-4 (General Commercial).
REQUEST (a) Conditional Use as listed in Ordinance 6871, ARTICLE XI,
Section 1(5)(b), to permit construction and operation
of drive-in tellers on above site, as per plans on
file dated August 29, 1980.
and
(b) Variance from Ordinance 6871, ARTICLE.XII, Section
40 )(b) & (d), ARTICLE XVI, Sections 4 0 )(b) & 6 and
ARTICLE XXIII, Sections 4(23) & 7(4)(c), to permit
construction of a multi -story office structure and
parking garage on above site, as per plans on file
dated August 29, 1980, with the following variances:
(a) SETBACKS:
N.E. 2nd Court, front: 0.0' proposed (10' required).
i N.E. 2nd Court, Street Side: 0.0' proposed
(5' required).
(b) DISTANCE FROM CENTER LINE OF STREET:
East side of N.E. 2nd Court: 25' proposed
(64.5' required).
Biscayne Boulevard: 60' proposed (64.5' required).
South Side of N.E. 13th Street between N.E. 2nd
Court and Biscayne Boulevard: 33' proposed
(64.5' required).
s
(c) FLOOR AREA RATIO (FAR):
3.16 FAR proposed (2.0 FAR allowed).
(d) OFF-STREET PARKING SPACES:
239 spaces proposed (320 spaces required).
(e) OFF-STREET LOADING SPACES:
1 space proposed (3 spaces required).
REC01'-1111ENDATIOPTS
PLANNIiNG DEPT. APPROVAL OF THE REQUESTED 3.16 FAR VARIANCES IN ACCORD
WITH THE PLANS ON FILE WITH THE EXCEPTION THAT THEY BE
MODIFIED TO MEET ALL OTHER ZONING REGULATIONS.
DENIAL OF THE CONDITIONAL USE DRIVE-IN TELLER FACILITY,
THE SETBACK DIS'iA!"CE FRO14 CENTER LINE OF STREET, OFF-
STREET LOADING VARIANCES.
Although there is no hardship which justifies granting
the requested variance, an FAR of 3.16 is in keeping
with proposed zoning revisions for the downtown area
(a 4.0 FAR cap for non-residential uses is proposed
for this site under the revised zoning), and such
development will benefit the City. The higher FAR is
being recommended in order to encourage central
commercial and high density residential development to
occur in areas near the core of the central business
district.
The proposed conditional use drive-in teller facility
is not acceptable. Not only does such a use conflict
with the idea of encouraging pedestrian -oriented uses
but this particular facility has been poorly designed
with inadequate stacking space and poor ingress and
egress.
The setback and distance of the building from the
centerline of the street variances are unacceptable.
Not only is there no hardship which justifies the
variances, but granting them ►•could allow development
which would adversely impact the visual corridor along
Biscayne Boulevard and which could also preclude the
installation of any meaningful connections with the
future people mover system. The building should be
redesigned to meet the setback requirements along
Biscayne Boulevard and NE 13th Street. NE 2nd Court
should be officially vacated thereby eliminating the
need for variances along this street and providing
more area for the building to be pushed away from
Brickell Avenue and N.E. 13 Street. All of the required
off-street parking and loading spaces should be provided
at this time. Although it is proposed that the
4..
requirement for parking be eliminated for this are in
the future, until the second phase of the downtown
people mover system is up and running (at least 4 to
5 years away), the required parking must be provided
either on site or on a remote lot. Since there is a
major parking problem in this area, the office building
will not be able to function properly without all of
the request parking.
The proposed development assumes that permission will
be granted for air rights connection and parking over
N.E. 2nd Court. Since no precedent has been established
and due to the potential legal and rental problems with
granting such rights, it may be more appropriate to
legally vacate the right-of-way. Such a closure would
not only eliminate potential legal problems, but it
would also mean that the building could then be modified
to provide the required yards and more of the required
parking.
PUBLIC WORKS DEDICATION; REQUESTED:
a) North 5ft. Lot 1
b) East 5ft. Lots 1,2,3
c) West loft, Lot 6
d) West loft. of S.25ft. Lot 7
e) West 2.65ft, of N.25ft. Lot 7
D.O.T.T. a) Inadequate stacking for the drive-in tellers is
provided (135 ft. provided, 330 ft. required.)
b) The variance in required parking is recommended
against.
c) The variance in required loading space is recommended
against; however there appears to be the required
3 spaces.
ZONING BOARD Deferred (a) by Resolution No. ZB 185-80 on
October 6, 1980.
Granted (b)-as Amended by Resolution No. ZB 186-80
on October 6, 1980.
PLANNING DEPT. DENIAL. A drive-in teller facility is not acceptable
UPDATE for this location. Such a use conflicts with the idea
(a) PORTION of encouraging pedestrian -oriented uses. It also
restricts the design of the parking garage by leaving
room for only one ingress -egress and by requiring
traffic from the drive-in teller facility to cross
over the lane of traffic accessing the garage.
1 Hai
There is inadequate stacking provided for the drive-in
tellers which could be hazardous if queued vehicles ,
were to block the through lane on N.E. 13th Street.
The access drive alignment require an acute left turn
+ maneuver to enter which is not recommended.
ZONING BOARD Deferred on December 15, 1980. (a) portion.
1 i
GRANTED (a) CONDITIONAL USE on January 5, 1981
EXTENSION OF TIME REQUESTED on (b) Variance granted on October 6, 1980.
s4
(Extension granted on 4/23/81 for (b) portion)
i
1�
EXTENSION OF TIME REQUESTED on (a) Conditional Use granted by Zoning Board on 1/5/81.
CITY COMMISSION Deferred on 6/25/81.
4
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PROM
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DATE May 26, 1981
PILE-
SU13,ECI REQUEST FOR EXTENSION OF TIME
CONDITIONAL USE - N.E. 13 St-2nd Cti
COMMISSION AGENDA - June 25, 1981
PLANNING AND ZONING ITEMS
PEFERE`IGES
Planning and Zoning Boards
Administration
ARTICLE XXXII of the Comprehensive Zoning Ordinance No. 6871 provides
that any Conditional Use shall expire six months after the effective
date of the Conditional Use unless a Building Permit or a Certificate
of Use has been issued based upon the Conditional Use. The Ordinance
further provides that the City Manager may, after review and determina-
tion that substantial progress has been achieved by the applicant in terms
of project planning, extend the expiration date of the Conditional Use
for an additional period of time not to exceed one year, subject to
approval of the City Commission.
The Planning Department finds no objection to the granting of the exten-
sion of time for this Conditional Use.
We are requesting the City Attorney's office,
prepare the proper Resolution for this extension.
AEPL:cm
cc: Law Department
by copy of this memo, to
IRWIN J. BLOCK
MITCHELL R. BLOOMBERG
CHARLES A.CITRIN
BRUCE JAY COLAN
G[NE ESSNER
MARTIN FINE
SAMUEL GOLDMAN
ALAN R. HECHT
GERALD T. HCFFCRNAN
SARA B.HERALD
BCANARD JACOBSON
THEODORE KLEIN
MANUELLUSEL
REBEKAH J. POSTON
JOSEPH H. SCROTA
STUART L. SIMON
LINDA ANN WELLS
LAW OFFICES
JAcoBsorq BLocx RLEM COLAN & Sn4ox, P. A. 1 it
p.0. BOX 340800
2401 DOUGLAS ROAD
1*ftAxx, FLomm 33134
,i �u'1 �gs144�-2200
CABLE A00PC$SNIAMILAW,
May 18, 1981 TELEX S2-2726
Mr. Howard Gary, City Manager
City of Miami
City Hall, Dinner Key
Miami, FL 33133
RE: The Keyes Company -
Resolution No. ZB 3-81
Dear Mr. Gary:
I am enclosing a copy of the letter from the Department
of Planning and Zoning of the City of Miami, dated
January 21, 1981, together with a copy of the above
described Resolution.
The Keyes Company is presently involved in the preparation
of the final plans and work drawings for this project and
arranging financing for the same. It is, however, doubtful
if construction can actually start before July 5, 1981,
which is six months from the date the zoning was approved.
Accordingly, please consider this letter as a request to
grant an Extension to The Keyes Company for a period of one
year within which it may commence construction of this project.
Thanking you for your kind cooperation, I remain
MF/ad
Enclosures
Copy: Mr. Fred S. Smith
Mr. Mort Ohrbach
Mr. Ira Adler
Cordially,
artin Fine
I
RESOLUTION NO.
A RESOLUTION GRANTING A ONE YEAR EXTENSION
i OF A CONDITIONAL USE AS LISTED IN ORDINANCE
NO 6871, ARTICLE XI, SECTION 1(5)(b) TO
t! PERMIT CONSTRUCTION AND OPERATION OF DRIVE-
IN TELLERS ON LOTS 1, 2 AND 3 LESS NORTH
5 FEET OF LOT 1 FOR RIGHT-OF-WAY; BLOCK 2;
WINDSOR PARK 3RD AMENDED (4-145) BEING
S.W. CORNER OF THE INTERSECTION OF N.E.
13TH STREET AND N.E. 2ND COURT AS PER RE-
VISED PLANS ON FILE; ZONED C-4 (GENERAL
COMMERCIAL) .
WHEREAS, Article XXXII of the Comprehensive Zoning
Ordinance No. 6871 permits an extension of a Conditional Use
by the City Manager with approval of the City Commission, for
a one year period; and
WHEREAS, the City Manager recommends the extension of the
—� Conditional Use granted by Zoning Board Resolution No. ZB-3-81;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The request for a one year extension of the
Conditional Use granted from Ordinance No. 6871, Article XI,
Section 1(5)(b) to permit construction and operation of
Drive-in Tellers on Lots 1, 2 and 3 less north 5 feet of Lot
1 for right-of-way; Block 2; Windsor Park 3rd Amended (4-145)
being S.W. Corner of the intersection of N.E. 13th Street and
N.E. 2nd Court as per revised plans on file; zoned C-4
(General Commercial), be and the same is hereby granted.
PASSED AND ADOPTED this day of
MAURICE A. F RRE, MAYOR
ATT�.ST . _r_5
�j
RAL G. ONGIE, CITY CLERK
PREPARE D 4PPROVED BY:
111A.
ASSISTANT CITY
D, !,S TO I FORM
CIT JAITORNEY
CORRECTNESS:
. 1981.