HomeMy WebLinkAboutR-22-0432City of Miami
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Resolution R-22-0432
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Legislation
File Number: 12895
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING A PUBLIC ACCESS EASEMENT FROM LMV II WYNWOOD
HOLDINGS, LP ("GRANTOR"), FOR NON-EXCLUSIVE PUBLIC ACCESS
THROUGH THE GRANTORS' PROPERTY LOCATED AT 90 NORTHWEST 29
STREET BETWEEN NORTHWEST 29 STREET AND NORTHWEST 28
STREET, MIAMI, FLORIDA, PURSUANT TO APPENDIX J, SECTION 3.4 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TITLED "WYNWOOD PUBLIC BENEFITS
PROGRAM"; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PUBLIC ACCESS EASEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, LMV II Wynwood Holdings, LP ("Grantor") has agreed to satisfy a portion of
the Public Benefits Bonus through provisions of a Pedestrian Passage, a Civic Space Type
pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), specifically Article 4, Table 7, subsection g., incorporated into the
project, in accordance with the Miami 21 Code, Appendix J, Section 3.4.b.3 for the property
located at 90 Northwest 29 Street ("Property"); and
WHEREAS, Section 3.4.b.3 of Appendix J of the Miami 21 Code provides that, "[flora
Development project within the NRD-1 boundaries that donates a Civic Space or Civil Support
Use on site to the City, an additional two (2) square feet of area for each square foot of donated
Building Floor Area for use, up to the bonus Height described in Section 3.4(c), shall be
allowed"; and
WHEREAS, the Civic Space is restricted to pedestrian use and limited vehicular access,
is approximately fifty feet (50') in width, connects Northwest 28 Street and Northwest 29 Street,
and access is donated to the City of Miami ("City") and the public via this Public Access
Easement; and
WHEREAS, Grantor desires to grant to the City a public access easement for access in,
over, upon, across, and through a portion of the Property connecting Northwest 28 Street and
Northwest 29 Street, a draft of which is attached hereto as an Exhibit;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. A Public Access Easement from the Grantor is accepted for non-exclusive
public access through the Grantor's Property as described herein.
City of Miami Page 1 of 2 File ID: 12895 (Revision: A) Printed On: 121612022
File ID: 12895
Enactment Number: R-22-0432
Section 3. The City Manager is authorized' and directed to negotiate and execute a
Public Access Easement, in a form acceptable to the City Attorney, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Ci[y Httor iey 11/23/2022
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 2 File ID: 12895 (Revision: A) Printed on: 121612022