HomeMy WebLinkAboutR-23-0233City of Miami
Resolution R-23-0233
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13534 Final Action Date: 5/11/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
MAKING FINDINGS AND APPROVING WITH CONDITIONS MODIFICATION
OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO
SECTION 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, FOR A PROJECT GENERALLY LOCATED AT 400
SOUTHEAST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on or about December 22, 2022, Iris V. Escarra, on behalf of HRM Owner,
LLC ("Applicant") requested a modification of the Waterfront Standards requirement for the
project located at approximately 400 Southeast 2 Avenue, legally described in Exhibit "A,"
attached and incorporated, ("Property") pursuant to Section 3(mm)(iii) of the Charter of the City
of Miami, Florida, as amended ("Charter"); and
WHEREAS, the Applicant seeks City Commission approval to permit the following
modifications to the Charter's waterfront side yard and waterfront setback requirements:
WATERFRONT SIDE -YARD SETBACK/VIEW CORRIDORS
Required
Provided
Waterfront
Frontage Length
Average Lot
Width 390'-
11"
Average Lot Width 390'- 11"
Required 25%
Side -Yard
Aggregate
97'-7"
aggregate
10'-0" to 173'-3" Side -Yard *
• 10'-0" North Side of the side yard
• 173"-3" South Side of the side yard
*Applicant requests a modification to the average side yards setback to provide varying side yard
setbacks ranging from 10' to 173'-3" where 97'-7" of side yards setback is required.
WATERFRONT SETBACK
Required
Provided
Waterfront Setback
50 feet
50 feet
; and
WHEREAS, the Property is located in the Downtown — Brickell neighborhood of the City
of Miami ("City"); and
WHEREAS, the Future Land Use Map ("FLUM") designation is "CBD" Central Business
District; and
City of Miami Page 1 of 3 File ID: 13534 (Revision:) Printed On: 7/1/2025
File ID: 13534 Enactment Number: R-23-0233
WHEREAS, the Zoning is "T6-80-0", Urban Core Transect Zone; and
WHEREAS, the Property is bound by a hotel building to the west, Miami River to the
south, Southeast 2 Avenue to the east, and the 1-95 off ramp to the north; and
WHEREAS, the Property contains a total lot area of 187,593 square feet (4.307 acres)
and currently includes James L. Knight Center, the Miami Convention Center, the Miami
Conference Center, and the Hyatt Regency Hotel which will be demolished in connection with
the development of the Property; and
WHEREAS, Section 3(mm)(ii) provides that the Charter waterfront setback and side -
yard requirements may be modified by the City Commission after design and site -plan review
and public hearing only if the City Commission determines that the modifications requested
provide public benefits such as direct 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 feature; and
WHEREAS, as required by Section 3(mm)(ii) of the Charter, the Applicant provides
various public benefits such as Riverwalk access and connecting Miami River Greenway;
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, after design and site -plan review and public hearing in
accordance with Section 3(mm)(iii) of the Charter and Article 3, Section 3.11 of the Miami 21
Code, hereby determines that the modifications to the Waterfront and Side setback
requirements requested by the Applicant provide public benefits which promote a better urban
environment and public advantages and hereby approves the modification of the Waterfront
Standards and Side Setback requirements for the Project located at approximately 400
Southeast 2 Avenue, Miami, Florida and as legally described in Exhibit "A," attached and
incorporated, subject to the following conditions:
1) This approval is only for those elements discussed herein. Full compliance is required
with all other requirements of the Miami 21 Code; the Code of the City of Miami, Florida,
as amended ("City Code"); and all Miami -Dade County, State of Florida, and Federal
agencies and regulations.
2) The Applicant shall comply with all applicable requirements as part of the building and
permitting process.
3) In keeping with the integrity of the architectural design of the Project, off -site signage
shall be prohibited.
4) The Property shall comply with all Building Code regulations and shall not have any
open Code violations.
5) The City reserves the right to inspect the site/Property to ensure compliance with the
conditions as listed.
City of Miami Page 2 of 3 File ID: 13534 (Revision:) Printed on: 7/1/2025
File ID: 13534 Enactment Number: R-23-0233
6) Failure to comply with the conditions herein shall result in the immediate revocation of
this Resolution and shall be subject to any fines and penalties pursuant to the City Code.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 4/18/2023
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 3 of 3 File ID: 13534 (Revision:) Printed on: 7/1/2025