HomeMy WebLinkAboutR-07-0106City of Miami
Legislation
Resolution: R-07-0106
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02237 Final Action Date: 2/22/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER
REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF
THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK
REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF
NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE
WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET
ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR
THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT
APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA.
WHEREAS, on December 5, 2006, N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower,
Ltd., Inc. (referred to as "APPLICANT"), submitted a request for a modification to the Waterfront
Charter requirement set forth in Section 3(mm)(ii)(A) of the Charter of the City of Miami, Florida, as
amended (the "Charter") to permit a 20-foot setback along the waterfront (rear) yard and side yards
equal to eighteen (18) feet on the north side and thirty-six (36) feet on the south side for the 1001
Brickell Bay Tower project (referred to as "PROJECT"), to be located at approximately 1001 Brickell
Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A",
attached hereto and made a part thereof; and
WHEREAS, said Charter modification requires City Commission approval; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to approve the requested waterfront Charter modification 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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission (a) hereby finds that the Project complies with the criteria for
modification of the Waterfront Charter provisions as specified in Section 3 (mm)(ii)(A) of the Charter,
which establishes a 50-foot setback requirement for all projects along the Miami River, east of
Northwest 5th Street, and (b) hereby approves a modification to said Charter provision to permit a
20-foot setback along the waterfront (rear) yard and side yards equal to eighteen (18) feet on the
north side and thirty-six (36) feet on the south side for the Project, to be located at approximately
1001 Brickell Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in
"Exhibit A", attached hereto and made a part thereof.
City of Miami
Page 1 of 2 File Id: 06-02237 (Version: 2) Printed On: 3/17/2017
File Number: 06-02237 Enactment Number: R-07-0106
Section 3. The City will apply to the State for permission to fill the inlet adjacent to the Project
property. The City will be the Applicant but the Developer will pay all expenses and costs relative to
this application.
Section 4. In the event the City is granted permission to fill the sovereignty submerged lands by
the time the Certificate of Occupancy is issued for the property, the Developer will bulkhead, fill and
landscape the property as a public park. If by the Certificate of Occupancy is issued the City has not
been granted permission by the State of Florida to fill the inlet for a park, the Developer shall donate
$800,000 to the City to be spent on a municipal park or parks in District 2. The contribution shall be
made prior to issuance of a Certificate of Occupancy. The park to be created will be open 24 hours a
day, 7 days a week. The Applicant will pay for maintenance and security of the park until it is
completed and accepted by the City.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 06-02237 (Version: 2) Printed On: 3/17/2017