HomeMy WebLinkAboutR-11-0474City of Miami
Legislation
Resolution: R-11-0474
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00612ww Final Action Date: 11/17/2011
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: 3) Printed On: 10/23/2017
File Number: 10-00612ww Enactment Number: R-11-0474
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".
Section 3. This modification of the required waterfront Charter provisions relating to setbacks are
subject to the Big Fish Restaurant project complying with the following conditions, which are express
conditions to this approval: (1) all Riverwalk, two side -yards and the middle corridor shall be publicly
accessible; including, without limitation, when either the restaurant, cafe and/or lounge are open, (2)
regardless of the opening hours of the foregoing business all Riverwalk and two side -yards shall be
publicly accessible from 8:00 a.m. to business closing time of sundown, whichever occurs later, and
(3) the two side setbacks shall be not less than six (6) feet in
Section 4. 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: 10-00612ww (Version: 3) Printed On: 10/23/2017