HomeMy WebLinkAboutAgenda Item Summary Forme,,.„A„ * AGENDA ITEM SUMMARY FORM
� File ID: #12895
Og4
Date: 10/28/2022 Requesting Department: Department of
Planning
Commission Meeting Date: 11/17/2022 Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Accepting Easement - LMV II Wynwood Holdings, LP
Purpose of Item:
This item would allow the City to accept a public access easement from private property
owner (LMV II Wynwood Holdings, LP).
Background of Item:
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;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PUBLIC
ACCESS EASEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Reviewed By
Department of Planning
Lakisha Hull AICP LEED AP BD+C
Department Head
Review Completed
10/28/2022 11:28 AM
Office of Management and Budget
Fred Pericles
Budget Analyst Review
Completed
10/31/2022 12:29 PM
Office of Management and Budget
Marie Gouin
Budget Review
Completed
10/31/2022 1:02 PM
City Manager's Office
Nzeribe Ihekwaba
Deputy City Manager Review
Completed
10/31/2022 1:57 PM
City Manager's Office
Arthur Noriega V
City Manager Review
Completed
10/31/2022 2:49 PM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
11/02/2022 2:13 PM
Office of the City Attorney
Amber Ketterer
ACA Review
Completed
11/07/2022 2:39 PM
City Commission
Maricarmen Lopez
Meeting
Completed
11/17/2022 9:00 AM
Legislative Division
Valentin J Alvarez
Legislative Division Review
Completed
11/21/2022 12:12 PM
Office of the City Attorney
Amber Ketterer
ACA Review
Completed
11/23/2022 10:04 AM
Office of the City Attorney
Victoria Mendez
Approved Form and Correctness
Completed
11/23/2022 2:26 PM
Office of the City Clerk
City Clerk's Office
Rendered
Completed
12/05/2022 2:26 PM
of
.�f City of Miami CityHall
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11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-22-0432
File Number: 12895 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, "[f]or a
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.
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 ria i : nde` z, Ci[y Attor iey 11/23/2022
Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of the original version.
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.