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HomeMy WebLinkAboutR-81-0204RESOLUTION NO. A RESOLUTION MODIFYING 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 CONSTRUCTION OF A 58 UNIT APARTMENT BUILDING ON TRACT "A" OF ASSOCIATES =•.,. TRACT, PB (114-19) , LOT "0" LESS SOUTH FIVE (5) FEET -• AND LOT "N", BANYAN PLACE PB(8-55), PROVIDING A C. +-j TWENTY (20) FOOT PUBLIC EASEMENT, FULLY LANDSCAPED IN ACCORDANCE WITH PLANS ON FILE AND WITH THE FILING AND RECORDING OF A RESTRICTIVE COVENANT GUARANTEEING PUBLIC ACCESS AND PERPETUAL MAIN- TENANCE OF SAID EASEMENT, AND RELEASE OF CLAIMS AGAINST L L_ T H E CITY. — 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 requirements as herein- after set forth in the City of Miami Charter; 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, is hereby granted to permit construction of a 58 Unit Apartment Building on Tract "A" of Associates Tract, PB(114-19), lot "0" less South five (5) feet and lot "N" Banyan Place PB(8-55), subject to the following con- ditions: (1) providing a twenty (20) foot public easement, full landscaping in accordance with plans on file; (2) filing and recording a restrictive covenant guaran- teeing the public access and for the perpetual maintenance of said easement. (3) providing the City with a release that the developer/owner will bring no action against the City for any claims or loss incurred as a result of this modification or delay in obtaining same. PASSED AND ADOPTED this 17 day of MARCH , 1981. ATTE MAURICE A. FERRE M A Y 0 R ALPH G. ONGIE, CITY CLE ' _ PREPARED AND APPROV BY: APPR D AS TO FORM AND ECTNESS: C TERRY V. PER Y OBERT F. CLARK ASSISTANT CITY ATTORNEY ACTING CITY ATTORNEY CITY COMMISSION MEETING OF Iv1�%R 1 7 i J 81 RESOLUTION ............ REMARKS:... ......................... 1 I, CITY OF ',11 >*il, FL.ORIDA f INTEROFFICE `1ENIORANDIJy1 ll// -1 rRO•A Richard L. Fosmoen City Manager !v ?� 7 •r..... J se W. McManus cting Director Planning Department 'ILE March 11, 1981 700 NE 26th Terrace The Club on the Bay REFFRENCLS Agenda # S1 In response to your request and the above referenced request for personal appearance before the City Commission, we have discussed and reviewed the proposed plans for the public Waterfront walk being proffered by the applicant. The Parks Department has done likewise and their comment and recommendations are contained in a separate memo. 1. We concur with the Parks Department's sug- gestions as does the applicant, and revised plans in accord with these suggestions will be available at the City Commission meeting. 2. Legal documents for public easement, public access and perpetual maintenance are to be submitted to the Law Department ready for official recording upon determination of the matter by the Commission. 3, The plans would be made part of the record, should the Commission approve the program. 4. In addition to the above, we suggest that the applicant he committed to utilizing the landscape architect who developed the plans for overseeing the installation and selection of the plant material specified in the plans. c^� JWM: ROW: mb cc Donald Cather, Director Dept. Public Works .— George Campbell it William O'Leary 72 Jack Luft, Planning Department �v _.i a 6 I'y t)t YIANII. i-LORIUA INTER•UF'FIC NIENIORA.`1UUM TO Richard L. Fosmoen a' City Manager `R`�" Carl Kern, Director Department of Parks March 10, 1981 r',_F Review of site development for The Club on the Bay The Landscape Architectural plans submitted by O'Leary, Shafer, Cosio & Associates, for The Club on the Bay were jointly reviewed by Jack Luft of the Planning Department and Juanita Shearer of our staff, and the following is a summary of our findings: o Seawall/water's edge: The finish and appearance of the existing 30" wide bulkhead, which seems to be newly constructed, is acceptable. Accommodation will have to be made for the offset in its alignment which occurs about midway along the east property line. Safety ladders, for climbing out of the water, must be placed at each of the 3 areas where the walkway abuts the seawall. o Walkway: The general alignment and choice of materials is acceptable. The wood used for decking should be Purple Heart. Since the brick pavers will be set on sand, drainage structures do not appear to be necessary. The walkway should be placed 8"-10" below the top of the seawall. Ramping, which will be required to meet street '-J level on the south side of the property, should be carried out in the straight portion of walk south of the central seating area. The brick pavers should be extended north and south into the R.O.W. to cover the sidewalks which will be newly constructed as part of this project. -a - CIE 1 0 3en March 10, 1981 in place of the bench selected we recommend a similar unit which has steel supports, bolted into the seat and back, and buried directly in the concrete. One trash receptable of matching design should be permanently fixed in place between each of the 4 pairs of benches. In place of the fixtures selected we recommend downlights such as the EKG, WTC, or Type 5, all manufactured by Kim, on a 14' high pole, 175 watt Mercury Vapor DeLuxe White, located on the west side of each end of the straight walks which are 32' long. Bollards should be a maximum of 36" high, but preferably 30", and we recommend the C-67 Aurora Bollard by Devine in place of the one selected. in addition to the bollards shown, at least 3 additional units must be placed along the walkway north of the building. The metal work on all of the light fixtures and the site furniture should be of the same finish and color. Shop drawings of the Routed signs as illustrated in the guidelines should be submitted to the Department of Parks for review. In addition to the illustra- tion, The City of Miami logo and name should be placed as will be illustrated in a forthcoming sketch. One sign should be located at the entry to the Ba}walk on the south east of the property, and the other sign located at the point where the walkway abuts the cul-de-sac northwest of the Baywalk. o Planting: The type, use and arrangement of plant material is acceptable and should be most attractive as it matures. o Irrigation: All planting areas should be watered by a fully automatic "pop-up" irrigation system. o Additional recommendations: a, Thf, width of the public access R.O.V. on the north side of the propert., is 12' . The sidewalk should therefore be widened to G' 4 41 TO: Richard L. Fosmoen City Manager March 10, 1981 and additional planting, similar to that on the south side of the walk, should be included. b. In support of the City's long term goal to have continuous visual and physical access along the edge of Biscayne Bay and the Miami River, the Baywalk, complete with seawall, paving, planting, benches, etc., should be extended south- ward across N.E. 26th Street to the sidewalk on the south side of the street. c. Mahogany trees 20'-25' O.C. and lawn should be added in the 5' wide parkway which will run south of the sidewalk to be constructed along N.E. 26th Street. JS/ cg CC: Donald Cather, Director DPW George Campbell, DPW Jack Luft, Planning Department William O'Leary Richard Whipple, Planning Department LAW OFFICES FREEMAN & EVANS, P.A. SUITE BOO 999 BP!CI!ELL AVENUE MIAMI. FLORIDA 33131 (3051 374.3800 February 24, 1981 City Manager Mr. Richard L. Fosmoen Acting City manager City of Miami City Hall, 3500 Pan American Drive Coconut Grove, Florida Re: 700 N.E. 26th Terrace Miami, Florida; Creighton Investment Co. Dear Mr. Fosmoen: TELEX 515599 ANSWERBACK COSMOPOL MIA Following our conference of February 18, 1981, we request that our client, Creighton Investment Co., as owner of the above -referenced property, be granted a personal appearance, together with the General Contractor, Kin-adom Homes, Inc., and the architect involved on this project, Mr. Isaac Sklar, to appear before the City of Miami City Commission, upon the afternoon docket, and agenda Thursday, ?larch 12, 1981, 2:30 P.M., (or thereafter). The purpose of our appearance is the discussion of possible dedication of a perpetual easement to the public for a mini park fronting Biscayne Bay and our client's property. The general contractor is presently subject to a cease and desist work stoppage order; every day that passes without work being permitted on the subject project, creates substantial legal damages and exposure to liability. Accordingly, it is important that this matter be placed on the City Commission agenda and heard March 12, 1981, in order to exhaust our administrative remedies. As a courtesy to counsel's Court commitment previously scheduled for the morning of March 12, we would appreciate the opportunity of scheduling the City Commission hearing on this item for 2:30 in the afternoon, or thereafter, if this is convenient. Mr. Richard L. Fosmoen Page 2 February 24, 1981 Please confirm the exact time we will be scheduled on the agenda March 12, 1981. Appreciatively yours, FREEMAN &/;E ANS, P.A. By: Sheldon Evans SE:ms cc: City Attorney, Terry V. Percy.