HomeMy WebLinkAboutCC Executed Legislation (Version 2) & ExhibitCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00612ww Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
MAKING FINDINGS AND APPROVING A MODIFICATION OF THE REQUIRED
WATERFRONT CHARTER PROVISIONS RELATING TO THE SETBACKS: 1) AS
SET FORTH IN SECTION 3(MM)(I)(B) OF THE CHARTER OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED ("CHARTER"), MODIFYING THE WATERFRONT
SIDE -YARD REQUIREMENT OF TWENTY-FIVE PERCENT (25%) OF THE WATER
FRONTAGE OF EACH LOT, BASED ON AVERAGE LOT WIDTH OF 276.2 FEET,
AS FOLLOWS: WATERFRONT SIDE -YARD SETBACKS REQUIRED 69'0",
PROPOSED EAST 5'0", PROPOSED WEST 8'0", PROPOSED VIEW CORRIDOR
(CENTER) 52'7" (TOTAL PROPOSED 65'7"), REQUEST TO MODIFY 3'5"; AND 2)
AS SET FORTH IN SECTION 3(MM)(I)(A) OF THE CHARTER, MODIFYING THE
REQUIRED WATERFRONT SETBACK OF 13'6.4", PROPOSED 13'1.8", REQUEST
TO MODIFY 0'4.6"; FOR THE PROPERTIES LOCATED AT APPROXIMATELY 39
AND 55 SOUTHWEST MIAMI AVENUE ROAD, MIAMI, FLORIDA.
WHEREAS, on October 5, 2011, Ben Fernandez, Esquire, on behalf of 55 Southwest Miami
Avenue Road, LLC (referred to as "APPLICANT"), submitted a request for a modification of the
required waterfront charter provisions of the Charter of the City of Miami, Florida, as amended (the
"Charter"), set forth in: 1) Section 3(mm)(i)(B), modifying the waterfront side -yard requirement of
twenty-five percent (25%) of the water frontage of each lot, based on average lot width of 276.2 feet,
as follows: Waterfront side -yard setbacks required 69'0", proposed east 5'0", proposed west 8'0",
proposed view corridor (center) 52'7"(total proposed 65'7"), request to modify 3'5"; and 2) Section
3(mm)(i)(A), modifying the required waterfront setback of 13'6.4", proposed 13'1.8", request to modify
0'4.6", for the Big Fish Restaurant project (referred to as "PROJECT"), to be located at approximately
39 and 55 Southwest Miami Avenue Road, Miami, Florida, legally described in attached "Exhibit A";
and
WHEREAS, the Miami Waterfront Advisory Board, at its meeting on July 12, 2011, following a
public hearing, adopted Motion No. WAB 2011-08 by a vote of seven to one (7-1), recommending
APPROVAL with a condition of the Waterfront Waiver to allow for the public walkway to have
non -fixed, lightweight tables and not to encroach on the five-foot pedestrian walkway and include the
notation on the plans for the unobstructed pedestrian passageway to read, "Unobstructed
Publicly -Accessible Riverwalk"; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 5, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-045 by a vote of nine to
zero (9-0), item no. 7, recommending APPROVAL with conditions of the Waterfront Waiver 1) To
incorporate the conditions of the Waterfront Advisory Board; and 2) To include the following
suggestion: Setback approximately one (1) foot and take off the radius of the curtain wall to keep the
same amount of elevated deck throughout; keep it consistent all the way through with the dimension
from the edge of outdoor table to the west (the same dimension all the way through) to enhance
pedestrian experience; and
City of Miami Page 1 of 2 File Id: 10-00612ww (Version: 2) Printed On: 11/3/2011
File Number: 10-00612ww
WHEREAS, 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 Big Fish Restaurant project complies
with the criteria for modification of the Waterfront Charter provisions as specified and set forth herein:
1) Section 3(mm)(i)(B), modifying the waterfront side -yard requirement of twenty-five percent (25%) of
the water frontage of each lot, based on average lot width of 276.2 feet, as follows: Waterfront
side -yard setbacks required 69'0", proposed east 5'0", proposed west 8'0", proposed view corridor
(center) 52'7"(total proposed 65'7"), request to modify 3'5"; and 2) Section 3(mm)(i)(A), modifying the
required waterfront setback of 13'6.4", proposed 13'1.8", request to modify 0'4.6", and (b) hereby
approves a modification to said Charter provision for the Big Fish Restaurant project, to be located at
approximately 39 and 55 Southwest Miami Avenue Road, Miami, Florida, legally described in attached
"Exhibit A"; and
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
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: 10-00612ww (Version: 2) Printed On: 11/3/2011
LEGAL DESCRIPTION:
A PORTION OF SECTION 38, TOWNSHIP 54 SOUTH, RANGE 41 EAST CITY OF MIAMI, MIAMI-DADE
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCE AT THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTH MIAMI AVENUE
(FORMERLY KNOWN AS AVENUE "D") AND SOUTHWEST MIAMI AVENUE ROAD, AS SHOWN ON "A.L.
KNOWLTON'S MAP OF MIAMI", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK "B",
PAGE 41 OF THE PUBLIC RECORDS OF IvIIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 48'58'53"
WEST ON THE NORTHWEST RIGHT-OF-WAY OF SAID SOUTHWEST MIAMI AVENUE ROAD 71.15 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 48'58'53". WEST ON SAID NORTHWEST
RIGHT-OF-WAY LINE 253.85 FEET; THENCE N.ORTH . 41'01'07" WEST 52176- .FEET TO THE
INTERSECTION WITH THE OUTER FACE OF THE SEAWALL ON THE 'SOUTHEASTERLY SIDE OF THE .
MIAMI RIVER; THENCE ALONG SAID.' OUTER FACE OF THE SEAWALL AND. ITS NORTHEASTERLY •
EXTENSION THE FOLLOWING 3 COURSES AND DISTANCES: 1) NORTH 4911'16" EAST 73.4'8 FEET;
2) NORTH 50'18'02" EAST 19.42 FEET;. 3) NORTH 47'58'11' EAST 205.66 FEET TO THE
INTERSECTION WITH A LINE 55.50 FEET WEST OF AND PARALLEL WITH THE WEST RIGHT-OF-WAY
LINE OF SAID SOUTH MIAMI AVENUE;• "fHENCE..SOUTR0216245"•,..EAST ON SAID PARALLEL LINE
71.38 FEET TO THE POINT OF :BI~GINNJNC; +---•.-••-•..-- =-
SAID LANDS SITUATE LYING AND -BEING. N.JHE CITY_ OF MIAMI,, MIAMI-DADE COUNTY, FLORIDA
AND CONTAINING 14,714 SQU=;4•R-FZE-.T.,.=•0.33.78-:A. ORES, -:,:_ E:-;.