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Home My WebLink AboutR-79-0848-BRESOLUTION NO. 79-848B A RESOLUTION CONDITIONALLY GRANTING A ONE YEAR EXTENSION, COMMENCING NOVEMBER 21, 1979, OF THE VARIANCE AS LISTED IN ORDINANCE NO. 6871, ARTICLE XV, SECTION 6(1) TO PERMIT DEVELOPMENT ON ALL OF TRACT "D", DUPONT PLAZA (50-11) BEING CORNER OF BISCAYNE BOULEVARD ON CHOPIN PLAZA; AS PER PLAN ON FILE; WITH A PROPOSED 460' HIGH (300' ALLOWED) HOTEL STRUCTURE AND A 530' HIGH (300' ALLOWED) OFFICE STRUCTURE; ZONED C-3 (CENTRAL COMMERCIAL); GRANTED BY ZONING BOARD RESOLUTION NO. ZB 118-79. WHEREAS, Article XXXI of. the Comprehensive Zoning Ordinance 6871 permits an extension of a Variance by the City Manager with approval by the City Commission for a period of one year; and WHEREAS., the City Manager recommends a one year extension of the Variance granted by the Zoning Board by Resolution No. ZB 118-79; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE VM �r'f T , Y hMX CITY OF MIAMI, FLORIDA: Section 1. The request for a one yeaftt /€N9ion cpmmendL ing November 21, 1979, of the Variance as listed in Ordinance No. 6871, Article XV, Section 6(1), to permit development of All of Tract "D"; DUPONT PLAZA (50-11), Being corner of Biscayne Boulevard and Chopin Plaza, as per plan on file, with a proposed 460' high (300' allowed) hotel structure and a 530' high (300' allowed) office structure; in conjunction with a granted Conditional Use; Zoned C-3 (Central Commercial); granted by Zoning Board Resolution No. ZB 118-79, be and the same is hereby granted, subject to the following conditions: A. That the developer, Holywell Corporation, purchase the aforesaid property acquiring title thereto no later than February 1, 1980. B. That upon presentation by the developer of revised plans to the Building and Zoning Inspection Department, or other appropriate City departments, containing substantial changes from plans. presently on file with the City, such as CITY COMMISSION MEETING OF DEC 5 1979 mums Mo.....7.3�..15 11 1 exceeding approved floor area ratio, exceeding square footage ratio as set forth in Developmental Order authorized for said development, setbacks, height of towers, configura- tion of towers, or other major substantive changes, such revised plans must be resubmitted to the City Commission for review and approval thereof after due public notice. C. That said developer enter into a binding represen- tation that this resolution and all approvals granted by the City Commission prior to this date, as to plans, conditional uses or Variances, shall not be applicable to the second phase of the development, condominimum units,and shall not be available to or used by the said developer as a predicate or basis for litigation seeking approval for the second phase when the plans for such phase are submitted to the City, PASSED AND ADOPTED this 5th day of December 1979. MAURICE A. FERRE MAYOR ATTEST: RAL G. ONGIE CITY LERK WITNESS PREPARED AND APPROVED BY: /6-44 I afic ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPR'.. AS TO FORM AND CORRECTNESS: �R� F. KNOX, CIT TTORNEY -2- 79-2483 AMENDATORY LANGUAGE IN CONNECTION WITH BALL POINT: (Motion 79-848) That the request for extension of conditional use and variance be granted for a period of 1 yearsubject to the following conditions: (1) That the property be purchased from the seller and that the closing take place and the developer shall obtain fee simple title to the property no later than February 1, 1980 (2) That upon presentation of the "revised" plans to the Building Department, if there are any substantial changes in the plans such as: (a) Setbacks ,(b) Height of the towers (c) Configuration of the Buildings (d) Other major substantive changes that such plans must then be resubmitted to the City Commission for review and approval prior to the extensions of conditional use and variance becoming effective (3) Stipulating that the developer of this property agrees that the prior approval by the City Commission of this project identified as all of Tract "D" and commonly referred to as Ball Point shall not be used as a legalposition for possible lawsuit against the City should the City Commission fail to approve Phase II (Condominium units) when the plans for Phase II are submitted to the Commission for approval RESOLUTION NO A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE CONDITIONAL USE AS LISTED IN ORDINANCE. NO. 6871,, ARTICLE XV SECTION 2 (8) (a) TO PERMIT A PARKING STRUCTURE ON ALL OF TRACT "D"; DUPONT PLAZA (50-11), BEING CORNER OF BISCAYNE BOULEVARD AND CHOPIN PLAZA; AS PER PLAN OF FILE; ZONED C-3 (CENTRAL COMMERCIAL); GRANTED BY ZONING BOARD RESOLUTION NO ZB 117-79; COMMENCING NOVEMBER 21, 1979 WHEREAS, Article XXXII of the Comprehensive Zoning Ordinance No. 6871, permits an extension of a Conditional Use by the City Manager with approval by the City Commission for a period of one year; and WHEREAS, the City Manger recommends a one year extension of the Conditional Use granted by the Zoning Board by Resolution No. ZB 117-79; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. The request for a one year extension of the Con- ditional Use as listed in Ordinance 6871, Article XV, Section 2 (8) (a) to permit_a parking structure on Al]. of Tract "D"; DUPONT PLAZA (50-11) being Corner of Biscayne Boulevard and Chopin Plaza as per plan on file, in conjunction with a .granted variance; zoned C-3 (Central Commercial); granted by Zoning Board Resolution No. . ZB 117-79, be and the same is hereby granted; commencing.November 21, 1979. PASSED AND ADOPTED this day of , 1979. MAYOR ATTEST CITY CLERK PREPARED AND APPROVED BY ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR. CITY ATTORNEY RESOLUTION NO. A RESOLUTION GRANTING A ONE YEAR EXTENSION -OF THE VARIANCE AS LISTED IN ORDINANCE NO 6871, ARTICLE XV, SECTION 6 (1) TO PERMIT DEVELOPMENT ON ALL OF TRACT "D", DUPONT PLAZA (50-11) BEING CORNER OF BISCAYNE BOULEVARD ON CHOPIN PLAZA; AT PER PLAN ON FILE; WITH A PROPOSED 460' HIGH (300' ALLOWED) HOTEL STRUCTURE AND A.530' HIGH (300' ALLOWED) OFFICE STRUCTURE; ZONED C-3 (CENTRAL COMMERICAL); GRANTED BY ZONING BOARD RESOLUTION NO ZB 118-79; COMMENCING NOVEMBER 21, 1979. WHEREAS, Article XXXI of the Comprehensive Zoning Ordinance 6871 permits on extension of a Variance by the City Manager with approval by the City Commission for a period of one year; and WHEREAS, the City Manager recommends a one year extension of the Variance granted by the Zoning Board by Resolution No. ZB 118-79; • 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 Varianceas listed in Ordinance No. 6871, Article XV, Section 6 (1), to permit development of All of Tract "D"; DUPONT PLAZA (50-11), Being corner of Biscayne Boulevard and Chopin Plaza, as per plan on file, with a proposed 460' high (300' allowed) hotel structure and a 530' high (300'allowed) office structure; in conjunction with a granted Conditional Use; Zoned C-3 (Central Commercial); granted by Zoning Board Resolution No. ZB 118-79, be and the same is hereby granted; commencing November 21, 1979. PASSED AND ADOPTED this day of 1979 MAYOR C4'N, ATTEST CITY CLERK PREPARED AND APPROVED BY: ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS GEORGE F. KNOX JR. CITY. ATTORNEY Joseph R. Grassie City Manager Jim Reid, Director Planning Department CITY OF MIAMI tit l t•N,1�„1s a• tt'?'".!t i s November 21, 1979 Agenda Item City Commission Meeting Request for Extension of Variance and Conditional Use :Miami Center (Ball Point) It is recommended that you approve, and recommend City Commission approval of, a one-year extension of an existing variance and conditional use, as requested by the developer of Miami Center (Ball Point) per the attached resolutions. Comprehensive Zoning Ordinance 6871, Articles XXXI and XXXIII, allows for one-year extension of variances and conditional uses, granted by the Zoning Board, upon petition by the applicant, review and approval by the City Manager, and subject to the approval of the City Commission. This recommendation for approval is based on the very serious planning effort undertaken by the applicant, Holywell Corporation, since the time of the.initial variance and conditional use grant by the Zoning Board on May 21, 1979. The applicant has made sub- stantial progress in land negotiations and financing arrangements in a time of escalating national inflation. Approval of the re- quested extension will allow the applicant to proceed to construc- tion. Attachments BARNETT BANK BUILDING 100 LAURA STREET POST OFFICE BOX 4099 JACKSONVILLE, FLORIDA 32201 (904) 354-1100 BY HAND MAHONEY HADLOW & ADAMS ATTORNEYS AND COUNSELLORS 1401 FIRST FEDERAL BUILDING ONE SOUTHEAST 3,1R AVENUE MIAMI, FLORIDA 33131 (305) 358-55S0 November 21, 1979 Mr. Allen James Reid, Director City. of Miami Planning Department 3342 Pan American Drive Miami, Florida Re: Tract D, DuPont Plaza Dear Jim: 420 LEWIS STATE BANK BUILDING POST OFFICE BOX 5617 TALLAHASSEE, FLORIDA 32301 (904) 222-7500 Enclosed herewith is letter addressed to City Manager requesting an extension of the Variance and Condi- tional Use granted for the project to be developed on the above -captioned property. We would appreciate your assistance in obtaining • the extension requested. REL:rzr Enc. cc: Sincerely yours, Robert E. Livingston Mr. Theodore B. Gould Mr. Ronald Nester James A. Newell, Esq. Donald G. Glascoff, Jr., Esq. • BARNETT BANK BUILDING 100 LAURA STREET POST OFFICE BOX 4099 JACKSONVILLE, FLORIDA 32201 (904) 354-1100 BY HAND MAHONEY HADLOW & ADAMS ATTORNEYS AND COUNSELLORS 1401 FIRST FEDERAL BUILDING ONE SOUTHEAST 3,10 AVENUE MIAM1, FLORIDA 33131 (3051 358-5550 November 21, 1979 City Manager City of Miami 3500 Pan American Drive Miami, Florida Re: Tract D, DuPont Plaza Dear Sir: 420 LEWIS STATE BANK BUILDING POST OFFICE BOX 5617, TALLAHASSEE, FLORIDA 32301 (9041 222-7500 We represent Holywell Corporation, the developer of the Ball Point Project, a development of regional impact, for which the attached Conditional Use and Variance were granted. We hereby respectfully request an extension of the Variance and Conditional Use on behalf of our client. The Variance and Conditional Use are essential to the success of the project, which is proceeding at pace, • and we most appreciate your assistance in this. Please call me if you have any questions. REL:rzr cc: Sincerely yours, Robert E. Livingston Mr. Theodore B. Gould Mr. Ronald Nester James A. Newell, Esq. Donald G. Glascoff, Jr., Esq. . Car T ill., n q' ' �. ��' • 11 .vi ..u.•Mf*aiLA(��,i1M.b0��L 0, 1.i1 ��M�.,�..r •�.' • ..r 7. ImRsR40"4et7=+" ae'xxs.cr:seaaftr... • ROBERT H. TRAURIG ESQ 1401 BRICKELL AVENUE, PH-1 MIAMI, FLA 33133 i r DE,ARTMENT OF ADMINISTRATION PLANNING AND ZONING BOARDS P. O. FAX 330708 MIAMI, FLORIDA 33133 DATE: 6/6/79 • Your petition for a (.�) Conditional Use was granted by (x) Variance Zoning City of Miami (X) Board 'on 5/21/79 ( ) City Corrc%i33ion by Resolution No. ZB 11S-79 and reads as follows: Granted variance from Ordinance 6871, ARTICLE XV, Section 6(1),, to permit development on all,.of tract 'D": DU PONT .pI,AvA (50-11) Being Corner of Biscayne Boulevard And Chopin Plaza,as per plan on file with a proposed 460' high (300' allowed) hotel structure and a 530' high (300'allowed)office structure; zoned C-3 ( Central Commercial). This petition in conjunction with a conditional use application. This Variance or Conditional Use will expire on 11/21/7 9 unless you obtain a B• ".ding Permit or Certif°icaEe of Use based upon and incorporating this Variance or Conditional Use during this period. The expiration time of this action can be extended by the city Manager with the approval of the City Commission for one (1) year. If you require this extension of time, direct a letter requesting such ex- tension to the City Manager at least thirty (30) days prior to the expiration. a/a' /4 CC: Building Department Dv?A _:iz.z'i' 0: AC INIST?ATION PLANNING AND ZONING ?cans r.14.l.wi�w'.1 L:1 4,118. ROBERT H. TRAURIG • ' 1401 BRICKELL AVENUE, PH-1 MIAMI, FLA 33133. DE,ARTM NT OF ADMINISTRATION PLANNING AND ZONING BOARDS P. O.. EOX .330708 MIAMI, FLORIDA 33133 DATE: 6/6/79 Your petition for a (X)Conditional Use was granted by (: , Variance 5/21/79 the City of Miami (X) Zoriing Board on ( ) city, Cormi3sicn e ' by Resolution No. ZB 117-79 and reads•as follows: Granted; Conditional use as listed in Ordinance 6871, ARTICLE XV Section 2(8) (a), to permit a parking structure on All of Tract 'D"; DU PONT PLAZA (50-11), Being Corner Of Biscayne Boulevard and Chopin plaza as per plan on file. This petition conjuration with a variance application; zoned C-3 (Central Commercial). 11/21/79 This Variance or Conditional Use will expire on _� unless you obtain a B': ' :ding Permit or Certificate oe Use based upon and incorporating this Variance or Conditional Use during this period. The expiration time of this action can be extended by the City Manager with the approval of the City Commission for one (1) year. If you require this extension of time, direct a letter requesting such ex- ten3ion to the City Manager at least thirty (30) days prior to the expiration. 8/9/7J. DE?ARTMZNT OF ADMINISTRATION PLAN t AN'il'ZC' ING BOARDS CC: Building Department