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HomeMy WebLinkAboutR-15-0201City of Miami Legislation Resolution: R-15-0201 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00001ww Final Action Date: 4/23/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING WITH CONDITIONS A REDUCTION OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE ONE BRICKELL PROJECT TO BE LOCATED AT APPROXIMATELY 444 BRICKELL AVENUE AND 77 SOUTHEAST 5 STREET, MIAMI, FLORIDA. WHEREAS, on December 29, 2014, Iris V. Escarra, on behalf of 444 Brickell Partners LLC TRS 444 Brickell Land Trust, Owner, submitted a request for modification of the Waterfront Standards requirement pursuant to Section 3(mm)(iii) of the Charter of the City of Miami, Florida, as amended ("Charter"), and also requesting a waiver pursuant to Article 7, Section 7.1.2.5(a)(28) of the Miami 21 Zoning Code ("Miami 21"), to allow an additional ten percent (10%) for building length for part of the project, and requesting a waiver pursuant to Article 4, Table 4, to allow a parking reduction up to thirty percent (30%) for the One Brickell project to be located at approximately 444 Brickell Avenue and 77 Southeast 5 Street, Miami, Florida, legally described in "Exhibit A," attached and incorporated; and WHEREAS, based on Section 3(mm)(iii) of the Charter and Article 3, Section 3.11 of Miami 21, City Commission approval is required to allow reductions to the Waterfront Standards established therein; and WHEREAS, the City Commission has considered the conditions recommended by the Miami River Commission relative to this reduction of waterfront setback requirements as announced at their February 2, 2015, and has decided to adopt them as conditions in this Resolution; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami ("City") to approve with conditions the requested modifications to the required Waterfront and Side setbacks as set forth herein, because the City Commission has determined those modifications provide public benefits, such as those referenced in Section 3(mm)(iii) of the City Charter; 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 fully set forth in this Section. Section 2. The City Commission hereby finds that the One Brickell project complies with the criteria for modification to the Waterfront and Side setback requirements pursuant to Section 3(mm) (iii) of the Charter and Article 3, Section 3.11 of Miami 21, and hereby approves, subject to the conditions set forth in this Resolution, the modification of the Waterfront Standards requirement pursuant to Section 3(mm)(iii) of the Charter for the One Brickell project to be located at City of Miami Page 1 of 2 File Id: 1 5-00001 ww (Version: 4) Printed On: 2/26/2018 File Number: 15-00001ww Enactment Number: R-15-0201 approximately 444 Brickell Avenue and 77 Southeast 5 Street, Miami, Florida, legally described in "Exhibit A ", attached and incorporated. The following conditions excerpted from the Miami River Commission are adopted as additional conditions to this approval: (a) "One Brickell's " impact fees and public benefits program funding will be used to construct transportation improvements in the Miami River District including but not limited to transportation projects which would improve traffic during temporary Federal regulated bridge openings, including re -use of a recently removed vehicular traffic lane on Brickell Bridge, smart signage warning motorists of bridge openings and providing alternate routes, Southeast 10 Street cut through beneath Metro -Rail in order to access alternate routes, etc.; (b) If "One Brickell " is constructed in Phases they are willing to repair and restore the existing 5 foot wide cantilevered dock which could serve as a temporary public riverwalk until Phase II commences construction. This option for a temporary public riverewalk along the repaired dock at the Phase II Site would only be until Phase II's construction starts, and construction of the Phase II site would only be until Phase II's construction starts, and construction of the Phase II site includes the permanent full public riverwalk connecting from the Phase I site to beneath the Brickell Bridge, in order to connect with the public riverwalk at the Miami Circle site; and (c) Explore the possibility of leaving the entire 50-foot waterfront building setback area at the same grade elevation as the public-riverwalk, by removing the elevated terrace within the provided 50-foot waterfront building setback. Section 3. The applicant's request for a waiver pursuant to Article 7, Section 7.1.2.5(a)(28) of Miami 21, requesting an additional ten percent (10%) for building length for part of the project, and requesting a waiver pursuant to Article 4, Table 4, to allow a parking reduction up to thirty percent (30%) for the One Brickell project to be located at approximately 444 Brickell Avenue and 77 Southeast 5 Street, Miami, Florida, legally described in "Exhibit A", attached and incorporated, shall be handled administratively as detailed in Article 7 of Miami 21. 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 (10) 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: 15-00001ww (Version: 4) Printed On: 2/26/2018