HomeMy WebLinkAboutR-98-0314J-98-278
2/9/98
RESOLUTION NO'. `-' 314
A RESOLUTION, WITH ATTACHMENT, APPROVING A
MODIFICATION OF THE REQUIREMENTS, AS SET
FORTH IN SECTION 3(mm)(ii)(A), OF THE CHARTER
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
PERMIT THE CONSTRUCTION OF AN ELEVATED
BALCONY ON THE EAST SIDE OF THE EXISTING
STRUCTURE ON THE PROPERTY COMMONLY KNOWN AS
THE SHERATON BISCAYNE BAY HOTEL AND LOCATED
AT 495 BRICKELL AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), TO ALLOW AN
ENCROACHMENT INTO THE 50' SETBACK AREA OF 1
FOOT AT THE NARROWEST POINT TO 4 FEET AT THE
WIDEST POINT (FOR A TOTAL OF 38 FEET).
WHEREAS, Section 3 (mm) (ii) (A) of the charter of the City of
Miami, Florida as amended, requires a 50' set -back for
development along Biscayne Bay, except as may be modified by the
City Commission as set forth in Section 3(mm)(iii)(A); and
WHEREAS, the Department of Planning and Development has
reviewed the proposal and is recommending approval as presented
based on findings that the Sheraton Biscayne Bay Hotel has
already provided the Baywalk amenities and public access which
would have been requested in conjunction with this waiver
request; and
WHEREAS, the City Commission determines that the herein
requested modification provides a public benefit that promotes a
better urban environment and public advantages; and
artacxMENr (s)
CONTAINED
MAR 2 4 IM
Reeotutim No.
98- 314
WHEREAS, the City Commission, after careful consideration of
this matter, 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 hereinafter set forth;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A modification of the requirements set forth
in Section 3 (mm) (ii) (A) , of the Charter of the City of Miami,
Florida, as amended, to permit the construction of an elevated
balcony on the east side of the existing structure on the
property commonly known as the Sheraton Biscayne Bay Hotel and
located at 495 Brickell Avenue, Miami, Florida, more particularly
described as set forth on attached Exhibit "A", be and the same
is hereby granted to allow an encroachment into the 50' setback
area of 1 foot at the narrowest point to 4 feet at the widest
point (for a total of 38 feet).
Section 3. This Resolution shall become effective
immediately upon its adoption.
- 2 -
98- 314
PASSED AND ADOPTED this 24th day of March , 1998.
JOE CAROLLO, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
GEORGE . WYSONG, III
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY
W2347
In accordance with Miami Code Sea. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercising4gvet; _ -N
Walte(±-,.F,d§m"�i, City Clerk
- 3 - 98- 314
EXHIBIT "A"
LEGAL DESCRIPTION:
All that part of "BRICKELL POINT", according to a Plat
thereof, recorded in Plat Book 8, at Page 34 of the Public
Records of Dade County, Florida, lying and being in the City
of Miami, Dade County, Florida, described as follows:
PARCEL 1:
COMMENCE at the intersection of the Easterly extension of
the North line of Southeast 5th Street with the East right-
of-way line of Brickell Avenue as shown on said plat of
"BRICKELL POINT" recorded in Plat Book 8 at Page 34; thence
run South 76139135" East, along the North line of the
PRIVATE DRIVE as shown on said "BRICKELL POINT", for a
distance of 40.00 feet, to the POINT OF BEGINNING of the
parcel of land hereinafter to be described; thence continue
South 76139135" East, along the last described course, for a
distance of 193.52 feet, to the Point of Curvature; thence
run through the next 3 courses along North Line of said
PRIVATE DRIVE, as follows: run Easterly and Northeasterly
along a circular curve to the left, concave to the
Northwest, having a radius of 25 feet, a central angle of
7110413511, through an arc distance of 31.01 feet, to a Point
of Reverse Curvature; thence run Easterly and Southeasterly,
along a circular curve to the right, concave to the South,
having a radius of 40 feet, a central angle of 12212314011,
through an arc distance of 85.45 feet, to a point; thence
run South 76139135" East, for a distance of 295 feet, more
or less, to the shoreline of Biscayne Bay as shown on said
plat of "BRICKELL POINT" recorded in Plat Book 8 at Page 34
(dated: September 1921); thence meander Northwardly along
said shoreline, on a general direction of North 9' East,
more or less, for a distance of 361 feet, more or less, to a
point, said point being marked as H.L. 36 as shown on a
Metropolitan Dade County Bulkhead Line map recorded in Plat
Book 74, at Page 18, of the Public Records of Dade County,
Florida; thence meander Northwesterly along said shoreline
on a general direction of North 22, West, more or less, for
a distance of 180 feet, more or less, to a point, said point
being the Easterly end point of a TENTATIVE HARBOR LINE as
shown on said plat of "BRICKELL POINT" recorded in Plat Book
8 at Page 34 (dated: September 1921) and also being marked
on said Plat Book 74 at Page 18 as HL 1; thence meander
further Northwesterly, along said shoreline, in a general
direction of North 37130" West, more or less, for a distance
of 62 feet, more or less, to a point; thence run South
98- 314
38107125" West, for a distance of 240 feet, more or less, to
a point; thence run South 88107125" West, for a distance of
337.50 feet, to a point on the arc of a 35-foot radius
curve, said point bearing South 88107125" West to the center
of said curve; thence run Southerly and Southwesterly along
said circular curve to the right, concave to the West,
having a radius of 35.00 feet, a central angle of 5510910011,
through an arc distance of 33.69 feet, to a Point of Reverse
Curvature; thence run Southwesterly and Southerly along a
circular curve to the left, concave to the East having a
radius of 35 feet, a central angle of 55109100" through an
arc distance of 33.69 feet to a Point of Tangency; thence
run South 115213511 East, for a distance of 55.33 feet to a
Point of Curvature; thence Southerly and Southwesterly,
along a circular curve to the right, concave to the West
having a radius of 572.28 feet, a central angle of 15113130"
through an arc distance of 152.07 feet, to the POINT OF
BEGINNING; containing 5.001 acres, more or less.
PARCEL 2:
BEGIN at the intersection of the Easterly extension of the
North line of Southeast 5th Street with the Easterly line of
Brickell Avenue as shown on said Plat of "BRICKELL POINT"
recorded in Plat Book 8, at Page 34 of the Public Records of
Dade County, Florida; thence run Northerly on the Easterly
boundary line of Brickell Avenue (Southeast 2nd Avenue
bridge approach across the Miami River), according to
Condemnation Proceedings recorded July 16th, 1928, in
Circuit Court Minute Book 36, at Page 290 of the Public
Records of Dade County, Florida along a circular curve to
the left, concave to the West, having a radius of 532.28
feet, a central angle of 1511313011, for an arc distance of
141.44 feet, to the Point of Tangency; thence continue along
the East boundary line of said Southeast 2nd Avenue bridge
approach across the Miami River, along the line whose
bearing is North 1152135" West, for a distance of 112.78
feet, to a point; thence run Northerly, Easterly and
Southerly along a circular curve to the right concave to the
South, having a radius of 35 feet, a central angle of
235109100" through an arc distance of 143.65 feet, to the
Point of Reverse Curvature; thence run Southwesterly and
Southerly along a circular curve to the left, concave to the
East, having a radius of 35 feet, a central angle of
5510910011, through an arc distance of 33.69 feet to the
Point of Tangency; thence run South 1152135" East, along a
line parallel to the 40 feet Easterly from the Easterly
boundary line of said Southeast Second Avenue bridge
approach across the Miami River, measured at right angles
thereto, for a distance of 55.33 feet to a Point of
98 - 314
Curvature; thence run Southerly on a line parallel to and 40
feet Easterly from, measured radically to the Easterly
boundary line of the said Southeast Second Avenue bridge
approach across the Miami River, along a curve to the left,
concave to the West having a radius of 572.28 feet, a
central angle of 1511313011, through an arc distance of
152.07 feet to a point on the North boundary line of the
PRIVATE DRIVE as shown on the said plat of °BRICKELL POINT°;
then run North 76139135/1 West, along the North boundary line
of said PRIVATE ROAD, for a distance of 40 feet to the POINT
OF BEGINNING: containing 0.32 acres, more or less.
LESS and EXCEPT the following:
That portion of BRICKELL POINT, according to the Plat
thereof, as recorded in Plat Book 8, at Page 93, of the
Public Records of Dade County, Florida, and lying in Section
38, Township 54 South, Range 42 East, Dade County, Florida
being bounded and described as follows:
COMMENCE at the point of intersection of the Easterly Right
of Way line of Brickell Avenue with the Northerly line of
S.E. 5th Street as shown on the Plat of BRICKELL POINT, as
recorded in Plat Book 8, at Page 93, of the Public records
of Dade County, Florida, said point being the point of
curvature (P.C.) for a circular curve having the following
elements, a radius of 532.28 feet, a central angle of
0810814411, a chord of 75.61 feet and a chord being of N
08152132/1 E; thence run along said Easterly Right of Way
line of Brickell Avenue and said curve to the left an arc
distance of 75.67 feet to the POINT OF BEGINNING of the
parcel of land hereinafter to be described, said point lying
on the arc of a curve, said curve having the following
elements, a radius of 532.28 feet, a central angle of
0710510411, a chord of 65.77 feet and a chord bearing of N
O111513811 E; thence continue along said Right of Way line
and said curve to the left an arc distance of 65.81 feet to
the point of tangency (P.T.) of said curve; thence N
02116154/1 W along said Right of Way line a distance of
112.78 feet to a point of curvature (P.C.) of a circular
curve to the right having the following elements, a radius
of 35.00 feet, a central angle of 7712313511, a chord of
43.76 feet and a chord bearing of N 36124153/1 E; thence
continue along said Easterly Right of Way line of Brickell
Avenue and said curve to the right an arc distance of 47.28
feet to a point of intersection with a non tangent line;
thence run S 02116154/1 E along said non tangent line a
distance of 16.37 feet to the point of curvature (P.C.) with
a circular curve to the right having the following elements,
98- 314
a radius of 604.25 feet, a central angle of 1511314811, a
chord of 160.15 feet and a chord bearing of N 0512010011 E;
thence run along said curve to the right an arc distance of
160.62 feet to the point of tangency (P.T.); thence run S
12/56154/1 W a distance of 38.84 feet to the POINT OF
BEGINNING. Being a portion of those lands described in O.R.
Book 11262, at Page 739, of the Public Records of Dade
County, Florida.
98- 314
PZ-4
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Chairman and Members DATE: March 16, 1998 FILE
of the City Commission
SUBJECT:
Waiver of Waterfront Charter
provision for Sheraton
Biscayne Bay Hotel at
FROM: Jose Garcia Pedrosa REFERENCES 495 Brickell Avenue
City Manager ENCLOSURES:
r;
RECOMMENDATION
It is respectfully recommended that the City Commission approve the attached request to waive a provision
of the City of Miami's Waterfront Charter requirement for the construction of an elevated balcony at the
Sheraton Biscayne Bay Hotel located at approximately 495 Brickell Avenue.
BACKGROUND
The Sheraton Brickell Bay Hotel is an existing hotel located at 495 Brickell Avenue. Among other
amenities, the hotel currently provides a wide, well landscaped Baywalk which is accessible to the public.
The attached request is in order to construct an elevated balcony (which will not affect the ground floor-
footprint) for the Sheraton Biscayne Bay Hotel located at approximately 495 Brickell Avenue. The
requested waiver is to specifically allow an encroachment into the 50 foot setback area of 1 foot at the
narrowest point to 4 feet at the widest point (the total area of the proposed elevated encroachment is only
38 square feet).
Section 3(mm)(ii) of the City of Miami Charter (see attached) requires a 50 foot setback for development
along Biscayne Bay. Waivers of this provision are permitted by the City Commission if the Commission
determines that the modifications requested provide "public access, public walkways, plaza dedications,
covered parking up to the floodplain level, or comparable benefits which promote a better urban
environment and public advantages, or which preserve natural features."
The Department of Planning and Development has reviewed the proposal and is recommending approval
as presented based on findings that the Sheraton Biscayne Bay Hotel is in compliance with the criteria
specified above for the requested waiver and that such a waiver will have no adverse effects on the
character of the City's waterfront.
]GP: CMC: LYS: lys
Whristina M. Cuervo
Assistant City Manager
�ourdes Slazyk, Assistant Director
Department of Planning and Development
98- 314
§3
CHARTER AND RELATED LAWS
owned or hereafter acquired therefor, lo-
cated in any part of said area; to acquire by
gift, purchase, condemnation, or otherwise
all land, easements, rights or property
deemed necessary therefor; and to operate
or cause to be operated said line or lines or
facilities, or to lease or grant the use of any
part thereof or any part of any port, termi-
nal, or transportation line, with facilities
appurtenant thereto, now or hereafter owned
by the city, to any common carrier or carri-
ers, for such time and upon such terms and
conditions as may be determined by the
city commission by ordinance; provided,
however, that no ordinance making any
such lease or grant shall become effective
until approval thereof by a majority of the
qualified electors voting thereon at a gen-
eral or special election to be called by the
city commission, notice of which election
shall have been published in a newspaper
published within the city once a week for
two consecutive weeks.
(ij) Codifcation of ordinances: To codify its or-
dinances into a "Code of Ordinances of the
City of Miami" and by a single ordinance to
adopt such "Code of Ordinances of the City
of Miami" as a complete revision of the
existing and applicable code and ordi-
nances on the date of such adoption; to
amend such code or ordinances, revise it,
and codify or recodify it; to adopt such
revised code by a single ordinance; to have
the city clerk exercise the power and au-
thority to codify any duly adopted ordi-
nance and assign proper section numbers
and headings to various part of such ordi-
nances, so that thereafter such sections
shall be cited in referring to such ordi-
nances.
(kk) Self-insurance and insurance trust: To es-
tablish and maintain a trust fund known
as "The City of Miami Self -Insurance and
Insurance Trust Fund" for the purpose of
providing funds for a self-insurance and
insurance program; to include in said fund
monies from other trust funds of the city; to
disburse monies from said fund to accom-
plish the purposes of the self-insurance and
insurance program; to authorize inclusion
in said fund of monies from other funds
previously appropriated for the purpose of
paying premiums to insurance carriers or
for the purpose of paying liability claims
and judgments; to establish a self-insur-
ance and insurance committee composed of
three members to be appointed annually by
the city manager to administer the said
fund and to recommend to the city commis-
sion annually the amount of reserve to be
accumulated and maintained and the
amount to be contributed for maintenance
of the fund.
(11) Airports and landing fields: To acquire by
purchase, lease, condemnation, or other-
wise, lands inside or outside the city limits
for use as landing fields or airports; to
construct and equip thereon or on other
property of the city such improvements as
may be necessary for that purpose; to op-
erate and maintain such facilities; to pro-
vide rules and regulations governing their
use and the use of other property or means
of transportation within or over the same;
and to enter into contracts or otherwise
cooperate with other government entities
or other public or private agencies in all
matters relating to such facilities; other-
wise to exercise such powers as may be
required or convenient for such establish-
ment, operation, and maintenance; to levy
taxes for any such purpose; unless such
facilities shall have been acquired by lease,
to issue bonds to pay the cost of such
facilities; and to grant, deed or dedicate
lands, with or without consideration, to
other governmental entities for use as land-
ing fields or airports. (Laws of Fla., ch.
14234(1929))
(mm) Building and zoning:
(i) To provide by ordinance building, plan-
ning, and zoning regulations and re-
strictions governing the height, num-
ber of stories, method of construction,
type, and size of buildings and other
structures; the percentage and portion
of the lot or site that may be occupied;
the size of the front, rear, and side
CHT:8
�- 9 8 - 314
CHARTER
yards, courts, and other open spaces;
the location, use of buildings, struc-
tures, and land for trade, industry,
residences, apartment houses, and other
purposes; and the widening and future
widening of streets in zoned street
areas that the city may establish. Such
regulations may provide that a board
of appeals or the city commission may
determine and vary the application of
building, planning, or zoning ordi-
nances in harmony with their general
purpose and intent.
(ii) In order to preserve the city's natural
scenic beauty, to guarantee open spaces,
and to protect the waterfront, any-
thing in this charter or the ordinances
of the city to the contrary notwithstand-
ing, neither the city nor any of its
agencies shall issue building permits
for any surface parking or enclosed
structures located on Biscayne Bay or
the Miami River from its mouth to the
N.W. 5th Street Bridge,
(A) which are not set back at least 50
feet from the seawall (where the
depth of the lot is less than 200
feet, the setback shall be at least
25 percent of the lot depth), and
(B) which do not have average side
yards equal in aggregate to at least
25 percent of the water frontage of
each lot based on average lot width.
(iii) The above setback and side -yard re-
quirements may be modified by the
city commission after design and site -
plan review and public hearing only if
the commission determines that the
modifications requested provide public
benefits such as direct public access,
public walkways, plaza dedications, cov-
ered parking up to the floodplain level,
or comparable benefits which promote
a better urban environment and public
advantages, or which preserve natural
features. Wherever setback, side -yard,
or site -plan review requirements of zon-
ing ordinances are greater than the
foregoing requirements, such greater
requirements shall govern.
CHT:9
§3
(iv) These requirements shall not apply to
docks and appurtenant structures, sin-
gle-family residences and appurtenant
structures, and waterfront industrial
uses along the Miami River and at the
Port of Miami. Nothing herein con-
tained shall in any manner affect or
apply to: the City of Miami/University
of Miami James L. Knight Interna-
tional Center and hotel facility, includ-
ing all improvements thereon, or to
lands and projects which the city com-
mission has approved prior to Septem-
ber 18, 1979, by development order
pursuant to F.S. ch. 380 of a planned
area development pursuant to article
M-1; City of Miami Comprehensive
Zoning ordinance or which have re-
ceived site and development plan ap-
proval, including Plaza Venetia, Phase
II, Resolution No. 72-113, April 20,
1972; Resolution No. 72-114, April 20,
1972; and Resolution No. 72-416, July
20, 1972.
(nn) Borrowing to erect and add to public build-
ings: To borrow money for the erection,
construction, and furnishing of public build-
ings, including hospitals, city office build-
ings, city halls, and other municipal struc-
tures; to borrow money for the purpose of
building additions to public buildings now
owned by the city; to execute notes and
other evidences of indebtedness, and to
secure the same by a mortgage upon said
buildings and the land upon which the
buildings may be located; to pledge and
hypothecate the net revenue, after the pay-
ment of all operating expenses and fixed
charges, including interest on the debt so
created and on all other debt created in the
construction of such building, as well as to
pledge and hypothecate the net revenue
derived from such buildings and the land
upon which they stand, all for the purpose
of securing the repayment of money bor-
rowed to be used in such construction; to
issue certificates of indebtedness secured
by the net receipts from the use or rental of
the buildings or additions to present exist-
ing buildings erected or to be erected for
98- 314 :6
0
BRIGKELL AVENrz
KEY PLAN `
PARKINS
6ARA&E
MIAMI RIVER
RESTAURANT
BAR if- / R
POO
PATIO
BISGAYNE BAY
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3Q, 9 8 - 314
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EXi5TINS PATIO ---
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NEH BALCONY EX115-L4ION TO
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NEW EXTRUDED ALUM.
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EXISTING 9UILDINS
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NEH EXTRUDED ALUM.
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WITH NEW DOORS IN
EXISTING BUILDING
OPENIN65, TYPICAL
EXIT RAMP FROM NEW
BALCONY AREA TO
EXI5TINS PATIO
it
NEH CONTINUATION OF
EXISTING LANDSCAPE ELEMENT°
EXI5TINS42' ALUM. HANDRAIL
EXISTING CONCRETE WALK
15
TYPICAL
s AI
CONTINUATION OF
EXISTING LAND'SCAPC ELEMENTS
PROPERTY LINE TYPICAL
NEH 42' ALUM. HANDRAIL
TO MATCH EXIST., TYP.
BUILDING SETBACK LINE
EXISTING BULKHEAC LINE
NEW
::
CONCRETE
BALCONY
I
NEW 42' ALUM. HANDRAJL
TO MATCH E45T., TYP.
NEW CONTINUATION OF
EXISTINS LAND5CAPE ELEMENTE-
BUILDING SETBACK LINE
EXI5TIN6 CONCRETE WALK
/ TYPICAL
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I
LINE OF EXI5TING LAND5CAP`
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i
98- 314 3b
Adrienne Friesner Pardo
(305) 579-06M
Hand -Delivery
Ms. Teresita Fernandez
Clerk, Hearing Board
City of Miami
444 S.W. 2nd Avenue
Miami, Florida 33128
MIMH
j B fl U B I fi
February 25, 1998
RE: Sheraton Biscayne Bay Hotel
495 Brickell Avenue, Miami, Florida 33131
Waiver of Charter Waterfront Setback Provision
Dear Teresita:
On behalf of Massachusetts Mutual Life Insurance Inc., we are requesting a waiver
of Section 3 (mm) (ii), of the Charter of the City of Miami, Florida. Said provision requires a
50 foot building line setback for waterfront properties.
This waiver is requested to facilitate the construction of an .elevated balcony on the
east side of the existing building. A small triangular portion (only -38 square feet) of the
proposed balcony is setback between 46 feet and 49 feet from the seawall, instead of the
required 50 feet.
It is our understanding that this item will be on the March 24, 1998 City Commission
agenda. Please call if you have any questions.
Very truly yours,
Adrienne Friesner Pardo
cc: Mr. Robert MacKenzie
Mr. Daniel J. Meade
MIAMVPARDOAM1563/ytbol!.DoCar25WW999.457721
GREENBERG TRACRIG HOFFMAti LIPOFF ROSEN & QUENTEL, P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAx 305-579-0717
MIAMI NEW' YORK WASHINGTON, D.C. PHILADELPHIA S.AO PAULO
FORT LAUDERDALE WEST PALM BEACH ORLANDO T.ALLAH.ASSEE
�i- 98- 314
AFFIDAVIT
STATE OF FLORIDA }
) SS
COUNTY OF MIAMI-DADE }
Before me, the undersigned authority, this day personally appeared Adrienne F . Pardo
who being by me first duly sworn, upon oath, deposes and says:
1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for
a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located
in the City of Miami, as described and listed on the pages attached to this affidavit and made a part*thereof.
2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act
in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the
accompanying petition.
3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses,
telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative.
4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true
and correct.
Further Affiant sayeth not.
Applicant's Signature
STATE OF FLORIDA
COUNTY OF MIAMI-DADS
24th February
The foregoing instrument was acknowledged before me this day of
19 98 , by Adrienne F . Pardo who is personally known to me or who has
produced as identification and who did (did not) take an oath.
11�)§ilaa - - L
�Zl
N
Notary Public -State of Florida
Commission No OFFICIAL NOTARY SEAL
My Commissio IT*ARtSOI R GQNZALEZ
NCITARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC403667
MY COMMISSION EXP. SEPT 17,1998
98- 314 5
OWNER'S LIST
Owner's Name Massachusetts Mutual Life Insurance Inc.
Mailing Address Corner Stone Real Estate Advisors, One Financial- Plaza, #1700
Hartford, Conneticut Zip Code 06103-2604
Telephone Number (860)509-22227
Legal Description: See attached. Exhibit "A"
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
ip Code
Zip Code
Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within
375 feet of the subject site is listed as follows:
Street Address Legal Description
None
Street Address
Legal Description
Street Address Legal Description
98- 314
CP
............. .
DISCLOSURE OF OWNERSHIP
1. Legal description and street address of subject real property:
495 Brickell Avenue, Miami, Florida
See attached Exhibit "A"
2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of
Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a
presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of
shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses
and proportionate interest.
Massachuetts Mutual isa Mutual
LifensurancetCompany in which
no policy holders own great 4% .1
3. Legal description and street address of any real property (a) owned by any party listed in answer to question 42, and
(b) located within 375 feet of the subject real property.
None
O �M.(iyJv
Owner or A_ggrnev for Owner
Adrienne F. Pardo
7ATE OF FLORIDA
,OUNTY OF MIAMI-DADS
The foregoing instrument was acknowledged before me this 24th day of February
19 98 , by Adrienne F . Pardo who is personally known to me or who has
produced as identification and who did (did not) take an oath.
Nai t- I U ( %
Notary Public-Sti te of 5MML NOTARY SEAL
Commission No. MARISOL R GONZALEZ
NOTARY PUBLIC STATE OF FLORID,
My Commission EXPiMWMISSION NO. CC403667
MY COMMISSION EXP. SEPT 17.199ti
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98- 314
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Exhibit " A"
LEGAL DESCRIPTION:
Ali that Part of 'BRICKELL POINT', according to a Plat thereof. recorded In Plat
Book 6, at Pogo 34 of the Public Records of Dade County. Florida 1*9 and being
in the City of Mkrni. Dads County, Flarkla, described as faliows:
PARCEL 1:
COMMENCE at the intersection of Ow Easterly extension of the North line of
Southeast 5th Street with the East right—of—way line of BrIckell Avenoo ore shown
on said Plat of VWKELL POINT recorded in Plot Book 8 at Pop 34; thence run
South 76'30'35' East along the North line of the PRIVATE DRIVE as shown an said
'BRICKELL PMr, far a distance of 40.00 feet, to the PONT OF NlEc MM of the
parcel of land hereinafter to be described; thence continue South 76639'35' East
along the lost described coures. for a distance of 1l3.52 het, to the Point of
Curvature; thence run through the next 3 courses along North Line of said PRIVATE
DRIVE, as follows: run Easterly and Northeasterly along a circular curve to the
left, concave to the Northwest. having a radius of 25 feet, a antral angle of
71'04'35', through an are distance of 31.01 feet to a Point of Reverse
Curvature; thence run Easterly and Southeasterly, along a circular curve to the
right. concave to the South, having a radius of 40 feret a central angle of
122423'400, through an are distance of 85.45 feet to a point: thence run South
76'36'35' East. for a distance of 295 test. more or Ises. to the shoreline of
Biscayne Say as shown on said plat of 09MOCI L PpN r rr*am ded In Plot Book a of
Page 34 (dated: September 1921); thence meander Nothwai y along said shoreline;
an a general direction of North 9' East more or Nee, for a distance of 361
feat, more or lew to a Point. sold point being marked as H.L. 36 as •haven an a
Metropolitan Dodo County Bulkhead Line map i soordsd in Pict Book 74. at Pops 16.
of the Public Records of Dods County, Florida; thence meander Northwesterly aiong
sold shoreline an a general direction of North 22' West more or lew for a
distance of 180 het. more or tew to a Point, sold point the Easterly and
point of a TENTATIVE HARBOR LINE as shown on said plat of POINT'
recorded In Plat Book 6 at Pop 34 (doted: September 1921) and also being marked
on sold Plat Book 74 of Pogo 16 as HL 1; thence meander further Northwesterly.
along sold shoreline. In a general direction of North 37'30' Went, man or lesm
for a distance of 62 feet, more or less, to a point; thence run South 36'0725'
West. for a distance of 240 het. more or Nee„ to a point; thence run South
88'07'25' West for a distance of 337.50 feat. to a point an the are of a 35—foot
radius curve. said point bearing South 88'07'25' West to the center of sold
curve; thence run Southerly and Southwesterly along add circular curves to the
right, concave to the West. having a radius of 35.00 lest. a central angls of
5S'O9'00'. through an arc distance of 33.69 het. to a Point of Reverse
Curvature; thence run Southwesterly and Southerly along a circular curve to the
left, concave to the East having a radius of 35 fest. a control angle of
55'O9'00' through an are distance of 33.69 feet to a Point of Tongency. thence
run South 1'52'35' East, for a distance of 55.33 feet to a Paint of Curvature;
thence Southerly and Southwesterly. along a circular curve to the right, concave
to the West having a radius of 572.28 het, a central angle of 15'13'30' through
an are distance of 132.07 feet to the POINT OF BEGINNI NI'6 containing 5.001
acres. more or less.
98- 314
V
PARCEL 2
BEGIN at the intersection of the Easterly extension of the North line of
Southeast 5th Street with the Easterly Tine of Bricked Avenue as shown on said
Plat of "BRICKELL POINT` recorded In Plat Book 8, at Page 34 of the Public
Records of Dodo Count . thence run Northerly an the Easterly boundary
line of Bricker Avenue Florida;ISIZwmist 2nd Avenue bridge approach across the Miami
River), according to Condemnation Proceedings reearded July 16th, 1928, in
Circuit Court Minute Book 36, at Pogo 290 of the Public Records of Dade Caunty;
Florida along a circular curve to the left, concave to the West, having a radius
of 532.28 feet, a oentrd angle of 15'13'30', for an we dbtanos of 141.44 fiat
to the Point of Tangency, thence continue along the East boundary line of said
Southeast 2nd Avenue bridge approach ocroa the Mlarni River. along the line whose
bowing Is North 1'52'35' West. for o distance of 112.78 feat to a point; thence
nun Northerly, Easterly and Southerly along a eircular or" to the right concave
to the South. having a radius of 35 feet. a central angle of 23Sb9'00' through
an are distance of 143.85 feet, to the Point of Reverse Curvature; theme run
Southwesterly and Southerly along a circular curs to the Ieft. concave to the
East. having a radius of 35 feet. a antral angle of SW09'00'. twough an we
distance of 33.69 foot, to the Point of Tangency, thence nun South '5r33' East.
a:ang a line parallel to and 44 fest Easterly from the Easterly boundary line of
said Southeast Second Avenue bridge approach across the Mktmi Rlvsr, measured at
right angles thereto. for a distance of 55.33 feet to a Point of Curvature;
thence run Southerly on a line parallel to and 40 feet Easterly tram, measured
radially to the Easterly boundary line of the sold Southeast Second Avenue bridge
approach across the Miami River, along a curve to the left. concave to the West
having a radius of 572.28 trst. a central angle of 1S'13'300, through an are
distance of 152.07 feet to a point an the North boundary line of the PRIVATE
DRIVE as shown an the sold plot of 'BRICKELL POINT'; thenoo run North 75'39'35'
West, along the North boundary line of said PRIVATE ROAD. for a distance of 40
hot to the POINT OF BEGINNWG: containing 0.32 acres, more or loss.
SS and EXCEPT the following:
EXHIBIT "Co _
That portion of BRICKELL POINT, according to the Plat thereof, as recorded in
Plat Book 8, at Page 93, of the Public Records of Dads County; Florkla, and lying
in Section 38. Township 54 South, Range 42 East. Dade County. Florida being
bounded and described as follows:
COMMENCE at the point of intersection of the Easterly Right of Way line of
BrIckell Avenue with the Northerly line of S.E. 5th Street as shown on the Plat
of BRICKELL POINT, as recorded in Plat Book S. at Page 93. of the Public Records
of Dods County. Florida. sold point being the point of curvature (P.C.) for a
circular curve having the following elements, a rodlus of 532.28 feet. a central -
angle of 08'08'440, a chord of 75.61 feet and a chord boar" of N 08'52'32' E;
thencs run along said Easterly Right of Way line of Bricked Avenue and said
curve to the left an arc distance of 75.67 feet to the POINT OF BEG0#01G of the
parcel of land hereinafter to be described. sold point lying on the are of a
curve. sold curve having the following elements. a radius of WZ26 feat, a
central angle of 07'OS'04', a chord of 65.77 foot and a chord bowing of N
01'15*38' E. thence continue along sold Right of Way line and soW curve to the
left an arc distance of 65.81 het to the point of tangency (P.T.) of said curve;
thence N 02'16'54' W along ooid Right of Way line o distance of 112.78 feet to a
point of curvature (P.C.) of a circular ours to the right having the following
elements, a radius of 35.00 foot, a antral angle of 77'23'35', a chord of 43.76
feet and a chord bowing of N 36*24*53' C; Owes continue along said Easterly
Right of Way line of Brk4tell Avenue and sold curve to the right an arc distance
of 47.26 feet to a point of Intersection with a non tangent WW thence run S
02'16'54' E along sold non tangent line a distance of 16.37 feet to the point of
curvature (P.C.) with a circular curve to the right having the following
ents, a radius of 604.25 feet. o antral angle of 18'13'41r. a chard of
5 feet and a chord bearing of N 05'20'00' E. thence run clan said curve to
the right an arc distance of 160.62 feet to the point of tangency t T.); thence
run S 12'56'54' W a distance of 38.84 feet to the POINT OF BEGINNWG. Being a
portion of those lands described in O.R. Book 11262, at Page 730. of the Public
recards of Dade County. Florida
98— 314
RESOLUTION NO.
A RESOLUTION, WITH ATTACHMENT, APPROVI A
MODIFICATION OF THE. REQUIREMENTS, A SET
ORTH IN SECTION 3 (mm) ( ii ) (A) , OF THE TER
THE CITY OF MIAMI, FLORIDA, AS AM ED, TO
P IT THE CONSTRUCTION OF AN ' ELEVATED
B CONY ON THE EAST SIDE OF EXISTING
STR CTURE ON THE PROPERTY COMM LY KNOWN AS
THE HERATON BISCAYNE BAY HO AND LOCATED
AT 4 BRICKELL AVENUE, MIAM FLORIDA, (MORE
PARTI Y DESCRIBED HE N), TO ALLOW AN
ENCROA ENT INTO THE 50' SETBACK AREA OF 1
FOOT A THE NARROWEST PO TO 4 FEET AT THE
WIDEST INT (FOR A TOT, OF 38 FEET).
WHEREAS, Section (mm) i)(A) of the charter of the City of
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Miami, Florida as a ed, requires a 50' set -back for
development along Bisca e ay, except as may be modified by the
City Commission as se" forth n Section 3 (mm) (iii) (A) ; and
WHEREAS, the epartment Planning and Development has
reviewed the pro sal and is rec ending approval as presented
based on find' gs that the Shera n Biscayne Bay Hotel has
already prow' ed the Baywalk ameuitie and public access which
would hav been requested in conjunc 'on with this waiver
request; nd
WH S, the City Commission determines t t the herein
reque ed modification provides a public benefit hat promotes a
bet r urban environment and public advantages; an