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RESOLUTION NO. $' 1 N 2 3
f1tr 1,.)
A RESOLUTION UPHOLDING THE ZONING BOARD'S
DECISION TO GRANT A VARIANCE FROM ORDINANCE
#6871, ARTICLE XV, SECTION 6 AND ARTICLE
XXIII, SECTION 7(4)(c) TO PERMIT CONSTRUCTION
OF AN OFFICE TOWER STRUCTURE ON ALL OF BLOCK
5, DU PONT PLAZA (50-11) BEING BLOCK BOUNDED
BY S.E. 2ND AND 3RD STREETS AND S.E. 3RD
AVENUE AND BISCAYNE BOULEVARD AS PER SITE
PLANS ON FILE WITH A PROPOSED HEIGHT OF 765'
(300' ALLOWED) AND PROVIDING 4 OF 24 REQUIRED
OFF-STREET LOADING SPACES SUBJECT TO CERTAIN
CONDITIONS.
WHEREAS, the Miami Zoning Board at its meeting of March 2, 1981, Item
No. 2(a), following an advertised hearing, adopted Resolution No. ZB 36-81
by a 7 to 0 vote granting the variance from Ordinance 6871, Article XV,
Section 6 and Article XXIII, Section 7(4)(c); and
WHEREAS, the City Commission, by Resolution 81-36; January 15, 1981 has
issued a Development Order for the Southeast Bank Financial Center, a Development
of Regional Impact, wherein paragraph 4 of the Development Order states in part
that:
"Any Variances and Conditional Uses will
be brought before the City Commission for
consideration and approval, after a decision
by the Zoning Board; it being understood
that any such City Commission approvals
(or disapprovals) may further limit the
project (above) and are incorporated by
reference in this Development Order"; and
WHEREAS, the City Commission, by Resolution 81-113; February 26, 1981, pertain-
ing to the Southeast Bank Financial Center, stated:
"Section 1. The Administration is authorized to prepare plans, specifications
and estimates for the design and engineering of all surface street improvements in
Du Pont Plaza by September, 1982; and the Manager is directed to proceed on
September 11, 1981, if, on that date, the Florida Department of Transportation
does not have a consultant under contract committed to completing construction
documents 12 months thereafter,
Section 2. The administration is directed to refer any Second Level Pedestrian
Circulation Plan for Du Pont Plaza, to the South Florida Regional Planning Council
for review and comment.
I CITY COMMISSION
'-5-� MEETING OF
MAR 18 1981
K80=N NO.....8 I 2 3
Q
Section 3. It is the intention of the Commission to condition Variances
and Conditional Uses pertaining to the parking garage in Du Pont Plaza, being
requested by Southeast Banking Corporation, by requiring that the applicant
either complete the construction of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the City, for 150;0 of the estimated
cost of the overpass 120 days prior to a request for a Certificate of Occupancy
for the parking garage"; and
WHEREAS, the proffer of Resolution 81-113 to the South Florida Regional
Planning Council at their meeting of March 2, 1981 was -instrumental in persuading
the Council not to appeal the Development Order (Resolution 81-36) issued by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
Section 1. The grant of Variances from Ordinance 96871 ARTICLE XV, SECTION 6
AND ARTICLE XXIII, Section 7(4)(c) to permit construction of an office tower
structure on all of Block 5; Du Pont Plaza (50-11) being block bounded by
S.E. 2nd and 3rd Streets and S.E. 3rd Avenue and Biscayne Boulevard as per site
plans on file with a proposed height of 765' (300' allowed) and providing 4 of 24
required off-street loading spaces subject to the following conditions:
a. For the 1,356,000 square foot floor area of building
on the site
4 bays 12' X 55';
2 bays 12' X 24' solely for armored truck
and 16 bays 12' X 20' spaces for vans;
b. Reservation for space for 2 additional
truck spaces 12' X 55' adjacent to the
ground -level public plaza and S.E. 3rd
Street, as a holding area, to be imple-
mented by the applicant upon a request
from the City.
c. The 16 van spaces cannot be converted to
other uses without express permission of
the City.
d. Prohibition of unloading, on -site or street
storage of trucks or semi -trailers in excess
of 35' during the a.m. peak hours of 7:30 a.m.
to 9:30 a.m.
e. A traffic manager on the site directing truck
off-street loading operation during normal
working hours.
f. All parking stall dimensions should meet the
City's standards.
g. The 3rd Street entrance should have an inter-
mediate slope between the street level and
the ultimate 12°S ramp slope.
• $ 2 2 R
3
h. If extensive delays are encountered by nearly
all exiting vehicles, exiting the parking
structures during the p.m. peak hour, the
management of the Southeast Financial Center
will coordinate efforts with Metro D.O.T.T.
as to possible remedial solutions which would
likely include a p.m. peak hour closure of
S.E. 2nd Street exit from the garage.
is hereby approved.
Section 2. The herein approval is also subject to the following:
a. The applicant either complete the construction
of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the
City, for 15070' of the estimated cost of the
overpass 120 days prior to a request for a
Certificate of Occupancy for the parking garage.
b. As a condition of issuing a building permit, the
applicant agrees to subsequently modify or alter
foundations and column connections to provide
support for the pedestrian promenade, as recom-
mended by the City.
Southeast will cooperate fully with the City in
the connection of the system to the Southeast
property and building, even if the final approved
plan extends the system to the edge of the Southeast
office building, plaza or parking garage. The
applicant further agrees that they will not object
to the creation of a Special Tax or Assessment
District to fund the construction of the
pedestrian promenade. This promenade may
extend southerly to the center line of
S.E. 3rd Street, between the easterly right-
of-way of S.E. 3rd Avenue and a line coincident
with and extending from the eastern face of the
Southeast Bank Office Tower, if so approved by
the Miami City Commission. The applicant's share
of the construction costs will be determined by the
Miami City Commission.
c. As a condition of issuing a building permit, the applicant
agrees to provide a maintenance of traffic plan and a
construction employees' parking plan, by calendar quarters
until July, 1984 or the issuance of a certificate of
occupancy for all structures in Southeast Bank Financial
Center, to be approved by the City.
d. The height of the office building and appurtenant minor
structures are governed by Federal Aviation Administra-
tion height recommendations; limited to an elevation of
no more than 749 feet mean sea level; unless otherwise
authorized by the City Commission.
e. The hereinabove listed provisions which are not a
standard part of the plans shall be forwarded to the
City in the form of a covenant -running -with the land.
Section 3. The Variance approvals recited in Section 1, and the conditions
in Section 2, are incorporated by reference in the Development Order for the
Southeast Bank Financial Center (Resolution 81-36; January 15, 1981).
qj C)
I;tj
81 -223
Section 4. The City Clerk is hereby authorized and directed to send
certified copies of this Resolution to the Florida Department of Community
Affairs, Division of Local Resource Management, 2571 Executive Center Circle
East, Tallahassee, Florida 32301; to the South Florida Regional Planning
Council, 1515 N.W. 167th Street, Suite 429, Miami, Florida; to the Southeast
Banking Corporation, 100 South Biscayne Boulevard, Miami, Florida 33131 and
to Gerald D. Hines Interests, One Shell Square, Suite 4230, New Orleans,
Louisiana 70139.
PASSED AND ADOPTED this is day of MA g H , 1981.
MAURICE A. FERRE
MAURICE A. FERRE
Mayor
ATTEST:
Q
FRALLF, �.l'dGI Clerk
PREPARED AND APPROVED BY:
M Rv A. •VALENTINE%.W v-M
A istant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
OBE T F. CLARK
Acting City Attorney
0
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1020 C'rrrnrr(s A virnc
C't,raI GaI)It.r-. I'Iurida 13 14 0
;-larch 16, 1981
?4r. Daniel Paul
Paul & Thompson
1300 S. F. First national Rank Buildina
Miami, Florida 33131
Dp,r Mr. Paul:
Please use this letter to express to the City of Miami my opposition
to the proposed mans for the DuPont Plaza area. I would urge the City
Commission to go to the Trinity Cathedral and look at the Omni parking
garage.
Cor:inc off the expressway ramps into the olaza area, and coming
face to face with the proposed concrete monster t,:ould r1ake one want to
leave as soon as possible, rather than cog;ie dot•rn to��:n. Archi tectua 11 y
such a proposal t•rhich would t.lock the sir.ht of the bay is not only in
bad taste, but would destroy the ver,; purposes which the deveiepers say
they are seekinr to create.
A^ain, I would urge those in .Dower to stand on the bay front and
look at the two blocks of the Omni parking garage. I an; certain that
no one in his richt r;ind ,-could create such a nightmare at the DuPont
Plaza area.
Faithfully,
lares L. Duncan
JLD/dr;
RESOLUTION NO.
A RESOLUTION UPHOLDING THE ZONING BOARD'S
DECISION TO GRANT A VARIANCE FROM ORDINANCE
#6871, ARTICLE XV, SECTION 6 AND ARTICLE
XXIII, SECTION 7(4)(c) TO PERMIT CONSTRUCTION
OF AN OFFICE TOWER STRUCTURE ON ALL OF BLOCK
5, DU PONT PLAZA (50-11) BEING BLOCK BOUNDED
BY S.E. 2ND AND 3RD STREETS AND S.E. 3RD
AVENUE AND BISCAYNE BOULEVARD AS PER SITE
PLANS ON FILE WITH A PROPOSED HEIGHT OF 765'
(300' ALLOWED) AND PROVIDING 4 OF 24 REQUIRED
OFF-STREET LOADING SPACES SUBJECT TO CERTAIN
CONDITIONS.
WHEREAS, the Miami Zoning Board at its meeting of March 2, 1981, Item
No. 2(a), following an advertised hearing, adopted Resolution No. ZB 36-81
by a 7 to 0 vote granting the variance from Ordinance 6871, Article XV,
Section 6 and Article XXIII, Section 7(4)(c); and
WHEREAS, the City Commission, by Resolution 81-36; January 15, 1981 has
issued a Development Order for the Southeast Bank Financial Center, a Development
of Regional Impact, wherein paragraph 4 of the Development Order states in part
that:
"Any Variances and Conditional Uses will
be brought before the City Commission for
consideration and approval, after a decision
by the Zoning Board; it being understood
that any such City Commission approvals
(or disapprovals) may further limit the
project (above) and are incorporated by
reference in this Development Order"; and
WHEREAS, the City Commission, by Resolution 81-113; February 26, 1981, pertain-
ing to the Southeast Bank Financial Center, stated:
"Section 1. The Administration is authorized to prepare plans, specifications
and estimates for the design and engineering of all surface street improvements in
Du Pont Plaza by September, 1982; and the Manager is directed to proceed on
September 11, 1981, if, on that date, the Florida Department of Transportation
does not have a consultant under contract committed to completing construction
documents 12 wontn5 thereafter.
Section 2. The administration is directed to refer any Second Level Pedestrian
Circulation Plan for Du Pont Plaza, to the South Florida Regional Planning Council
for review and comment.
18 �
2
Section 3. It is the intention of the Commission to condition Variances
and Conditional Uses pertaining to the parking garage in Du Pont Plaza, being
requested by Southeast Banking Corporation, by requiring that the applicant
either complete the construction of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the City, for 150%' of the estimated
cost of the overpass 120 days prior to a request for a Certificate of Occupancy
for the parking garage"; and
WHEREAS, the proffer of Resolution 81-113 to the South Florida Regional
Planning Council at their meeting of March 2, 1981 was instrumental in persuading
the Council not to appeal the Development Order (Resolution 81-36) issued by the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI:
Section 1. The grant of Variances from Ordinance -76871 ARTICLE XV, SECTION 6
AND ARTICLE XXIII, Section 7(4)(c) to permit construction of an office tower
structure on all of Block 5; Du Pont Plaza (50-11) being block bounded by
S.E. 2nd and 3rd Streets and S.E. 3rd Avenue and Biscayne Boulevard as per site
plans on file with a proposed height of 765' (300' allowed) and providing 4 of 24
required off-street loading spaces subject to the following conditions:
a. For the 1,356,000 square foot floor area of building
on the site
4 bays 12' X 55';
2 bays 12' X 24' solely for armored truck
and 16 bays 12' X 20' spaces for vans;
b. Reservation for space for 2 additional
truck spaces 12' X 55' adjacent to the
ground -level public plaza and S.E. 3rd
Street, as a holding area, to be imple-
mented by the applicant upon a request
from the City.
c. The 16 van spaces cannot be converted to
other uses without express permission of
the City.
d. Prohibition of unloading, on -site or street
storage of trucks or semi -trailers in excess
of 35' during the a.m. peak hours of 7:30 a.r..
to 9 : 30
e. A traffic manager on the site directing truck
off-street loading operation during normal
working hours.
f. All parking stall dimensions should meet the
City's standards.
g. The 3rd Street entrance should have an inter-
mediate slope between the street level and
the ultimate 12,, ramp slope.
3
h. If extensive delays are encountered by nearly
all exiting vehicles, exiting the parking
structures during the p.m. peak hour, the
management of the Southeast Financial Center
will coordinate efforts with Metro D.O.T.T.
as to possible remedial solutions which would
likely include a p.m. peak hour closure of
S.E. 2nd Street exit from the garage.
is hereby approved.
Section 2. The herein approval is also subject to the following:
a. The applicant either complete the construction
of the pedestrian overpass above S.E. 2nd Street
or post a performance bond, enforceable by the
City, for 150" of the estimated cost of the
overpass 120 days prior to a request for a
Certificate of Occupancy for the parking garage.
b. As a condition of issuing a building permit, the
applicant agrees to subsequently modify or alter
foundations and column connections to provide
support for the pedestrian promenade, as recom-
mended by the City.
Southeast will cooperate fully with the City in
the connection of the system to the Southeast
property and building, even if the final approved
plan extends the system to the edge of the Southeast
office building, plaza or parking garage. The
applicant further agrees that they will not object
to the creation of a Special Tax or Assessment
District to fund the construction of the
pedestrian promenade. This promenade may
extend southerly to the center line of
S.E. 3rd Street, between the easterly right-
of-way of S.E. 3rd Avenue and a line coincident
with aiid extending from the eastern face of the
Southeast Bank Office Tower, if so approved by
the Miami City Commission. The applicant's share
of the construction costs will be determined by the
Miami City Commission.
c. As a condition of issuing a building permit, the applicant
agrees to provide a maintenance of traffic plan and a
construction employees' parking plan, by calendar quarters
until July, 1984 or the issuance of a certificate of
occupancy for all structures in Southeast Bank Financial
Center, to be approved by the City.
d. The height of the office building and appurtenant minor
structures are governed by Federal Aviation Administra-
tion height recommendations; limited to an elevation of
no more than 749 feet mean sea level; unless otherwise
authorized by the City Commission.
e. The hereinabove listed provisions which are not a
standard part of the glans shall be forwarded to the
City in the form of a covenant -running -with the land.
Section 3. The Variance approvals recited in Section 1, and the conditions
in Section 2, are incorporated by reference in the Development Order for the
Southeast Bank Financial Center (Resolution 81-36; January 15, 1981).
►1
0
Section 4. The City Clerk is hereby authorized and directed to send
certified copies of this Resolution to the Florida Department of Community
Affairs, Division of Local Resource Management, 2571 Executive Center Circle
East, Tallahassee, Florida 32301; to the South Florida Regional Planning
Council, 1515 N.W. 167th Street, Suite 429, Miami, Florida; to the Southeast
Banking Corporation, 100 South Biscayne Boulevard, Miami, Florida 33131 and
to Gerald D. Hines Interests, One Shell Square, Suite 4230, New Orleans,
Louisiana 70139.
PASSED AND ADOPTED this is
ATTEST:
City Clerk
PREPARED AND APPROVED BY:
APPROVED AS TO FORM AND CORRECTNESS:
OBE T F. CLARK
Acting City Attorney
day of __—r�RC�i__`------- 1981.
_ MAURICE A. FERRE
MAURICE A. FERRE
Mayor
y
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/ /, ,'
U JU Liu\J
March 25, 1981
Mr. Michael Garretson, Director
Division of Local Resource )Management
Florida Department of Community Affairs
2571 Executive Center Circle East
Tallahassee, Florida 32301
Dear Mr. Garretson:
Re: Southeast Bank DRI
JOSEPH R. 1; ASSIE
By Resolution 81-36; .January 15, 1081, the Iliami City
Commission issued a Development Order, approving with
modifications, the Southeast Bank Financial Center, a
Development of Regional Impact. Item 1 of the Develop-
ment Order stated in part, as follows:
"...Any \7ari.ances and Conditional. Uses will be
brought before the City Commission for consider-
ation and approval, after a decision by the
7.oni.ng Board, it bein- understood that any such
City Commission approvals (or disapprovals) may
further limit the project (above) and are incor-
porated by reference in this Development Order."
By Resolution 81.-223, March 18, 1081 (attached) the City
Commission conditioned variances granted for the project.
Section 3 of the Resolution incorporates these approvals
and conditions by reference in the Development Order for
Southeast Batik Financial Center 'Rt-sulution 81-36; January
15, 1981.
By copy of this letter, the South Florida Regional Planning
Council acid other interested parties have been informed.
Sincerely,
J cap ��
A'�ting Director
Planning Department
Distribution:
Mr. Barry Peterson, Executive Director
South Florida Regrional Plannin- Council
151.5 NiV 167th Street , Suite 429
Miami, Florida 33169
Mr. Gordon Wyllie
Southeast Banks
100 South Biscayne Boulevard
Miami, Florida 33131
Mr. J. J. Ranna
Gerald D. Hines Interests
One Shell Square, Suite 4320
New Orleans, LA. 70139
Ms. Jeanne Crews
South Florida Water Management District
PO Box 5
West Palm Beach, Florida 33402
Mr. Roy Kenzie, Executive Director
Downtown Development Authority
One Biscayne Tower, Suite 2099
Miami, Florida 33131
Mr. Eu-ene Simm, Director
Dade County Department of' Traffic and Transportation
8675 NW 53rd Street
%Ii, ni , Fl nri via 33178
Attention: David Rhinard, Transportation Engineer
Mr. Armando Vidal
Flr,rida Department of Transportation
401 Nor 2nd Avenue
Miami, Florida 33128
Mr. Ron Nestor
Holywell Corporation
c/o Holywell Construction Company
100 Chopin Plaza
Miami, Florida 33131
Dr. John Dyer, Transportation Coordinator
Davie County Office of Transportation Administration
44 Hest Flagler Street
Mi.uiii, Florida 33130
Mr. Jim Reid, Actin,,; Assistant City Manager
�fr. Geor--e F. Knox, Jr., City Attorney
t/ lr. Ralph Onnie, City Clerk
Mr. !'Aurelio Perez-I,u, ones, Director, Plannin:; and Zoning
Boards Administration
Distribution (continued)
Mr. Gerardo Salman, Director
Department of Building and Zoning Inspection
Att: Laura Howell.
Mr. Donald «. Cather, Director
Department of Public Works
Att: George Campbell.
Mr. Bud Carr
Dade County Aviation Department
Miami International. Airport
PO Box 2075 AMF
Miami, Florida 33159