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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 'i N E. IT - Pa,�%1r�G I it l l l l l l l l l a l Ae PA RH _/-230,�/ScgyN5 25GVD 4r STo�f_ i N.E. 2nd COURT ' N.E. 13•n STRQET 10 �.� `�� �� * J L ��wiJ�•ij. = "1- V �+t �%it1J��?�i`�\�`tlt���l}� yC ` -,l �.•i-. — xutA•. rAataalce p•�so.4•.A ��.. J, I 3(ItfD Orr ... • .. • � aAti rA�•ttt Cr.oT SND. r Kai L•w - .^Fs, I KWrafN .. . �•Etatt tract AM a PAWIP Do-" P-mboo *"Am tNt•ANct ``♦ C= Atcn• r � DOCK ; AtAtt ilAct V 5 SPACES {- RAN. v at#r`ct AAtA AKCN.NKAt -- - : r SMCAYNE SLVD. wuwnc SAW--M Keyes Headquarters Suildrig GROUND FLOOR PLAN • �•'-t" NDy1,u•s• s!• 1aN �^� ••+ mamw. Flw.0 NattmAn OWI• a K•SsiW Wm- IM AlCMectS St Lows. Mlswwl 0 • • H !i TO PROM it. _s.i A_..._ 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.