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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 16838 Title: 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; APPROVING A PARTIAL RELEASE/MODIFICATION OF AN AMENDED RESTRICTIVE COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "C;" AND APPROVING THE PROFFERED SECOND AMENDED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY LOCATED APPROXIMATELY AT 1633 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION(S): Approximately, 1633 North Bayshore Drive APPLICANT(S): Nicholas Barshel, Esq., on the behalf Host Biscayne Bay Land LLC, a subsidiary of Host Hotels & Resorts PURPOSE: Partial Release / Modification of an Amended Declaration of Restrictive Covenants and approval of a Second Amended Declaration of Restrictive Covenants. FIN DING(S): PLANNING DEPARTMENT: Recommended approval with conditions of the Partial Release / Modification of an Amended Declaration of Restrictive Covenant and the proffered Second Amended Covenant. COVENANT RELEASE REVIEW COMMITTEE: On October 17, 2024, the Committee had no objections. City of Miami Legislation Resolution Enactment Number: R-24-0505 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16838 Final Action Date:12/12/2024 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; APPROVING A PARTIAL RELEASE/MODIFICATION OF AN AMENDED RESTRICTIVE COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "C;" AND APPROVING THE PROFFERED SECOND AMENDED COVENANT, ATTACHED AND INCORPORATED AS EXHIBIT "B," IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PROPERTY LOCATED APPROXIMATELY AT 1633 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Nicholas Barshel, Esquire, on the behalf Host Biscayne Bay Land LLC, a subsidiary of Host Hotels & Resorts (the "Applicant") submitted a request to the City of Miami (the "City") for a Special Appearance for a partial release/modification of a recorded Amended Restrictive Covenant attached and incorporated as Exhibit "C," (the "Amended Covenant") and modification of the waterfront setback requirements pursuant to Section 3(mm)(iii) of the City Charter for the property located approximately at 1633 North Bayshore Drive, Miami, Florida, (the "Property") as legally described in Exhibit "A"; and WHEREAS, the Property is an assemblage of approximately 82,847 square feet of lot area (1.90 acres); and WHEREAS, the Property is in the "T6-36B-O," Urban Core Transect Zone — Open; and WHEREAS, on May 4, 1972, the Owner's predecessor (the "Previous Owner") entered into a Restrictive Covenant agreement with the City, as recorded in Official Records Book 7878, Page 266 of the Public Records of Miami -Dade County, Florida (the "Covenant") regarding the proposed Plaza Venetia development (the "Plaza Venetia") on the Property and surrounding parcels; and WHEREAS, the Covenant stipulated that the Property was required to be developed substantially in compliance with the sketches, drawings, renderings, and models approved by the Miami City Commission (the "City Commission") to construct a Mixed -use project (the "Initial Project"); and WHEREAS, the Initial Project was approved with a 20-foot waterfront setback; and WHEREAS, pursuant to Section 3(mm)(iv), the 50-foot waterfront setback provision does not apply to lands and projects that received approval before 1979, including "Plaza Venetia," Phase II, Resolution No. 72-113, April 20, 1972; Resolution No. 72-114, April 20, 1972; and Resolution No. 72-416, July 20, 1972"; and WHEREAS, on February 28, 1980, the Previous Owner entered into an Agreement (as defined below) and also an Amended Covenant with the City, as recorded in Official Records Book 10684, Page 1729 of the Public Records of Miami -Dade County, Florida, which amended the Covenant related to the development of the Property; WHEREAS, the Agreement with the City (the "Agreement") and Amended Covenant provided a 50-foot waterfront setback requirement from the shoreline of Biscayne Bay that must be observed at the Property; and WHEREAS, in 1982, the Property was developed as a Hotel (the "Hotel") per the Agreement and Amended Covenant; and WHEREAS, the Agreement and Amended Covenant provided a 50-foot waterfront setback requirement from the shoreline of Biscayne Bay that must be observed at the Property; and WHEREAS, the Applicant applied for a Variance to allow for additional Height; and WHEREAS, in 1982, the Previous Owner developed a Hotel on the Property in accordance with the Amended Covenant; and WHEREAS, the Applicant is now proposing to renovate the Hotel to include a two (2) story Place of Assembly (the "Place of Assembly") with indoor and outdoor amenities encroaching into the 50-foot waterfront setback area set forth under the Amended Covenant; and WHEREAS, the proposed enclosed Place of Assembly is approximately 4,182 square feet; and WHEREAS, the Applicant is seeking a partial release/modification to the Amended Covenant to provide that a 25-foot setback requirement from the shoreline of Biscayne Bay may be observed at the Property for the Hotel's Place of Assembly; and WHEREAS, the Applicant also seeks a modification of the 50-foot waterfront setback by the City Commission as contemplated in Section 3(mm)(iii) of the City Charter, which states that such setback requirement 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 features; and WHEREAS, in consideration of this waiver and approval of a 25-foot setback for the Place of Assembly, the Applicant is proffering public benefits that promote a better urban environment through improvements and upgrades to the existing waterfront patio. Initially, furnishing the waterfront patio for the public will cost at least $250,000, which will be paid by the Applicant, who will then cover all costs of maintaining and securing the area under the Amended Covenant; and WHEREAS, the Applicant proffered a Second Amended Covenant, attached hereto, and incorporated as Exbibit "B;" and WHEREAS, the Applicant proffered the following restrictions: a. Modified Setback for Place of Assembly Improvements. Subsection 2.B of the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: Notwithstanding anything to the contrary herein, the proposed Place of Assembly/event space for the existing hotel up to two (2) stories in height with related indoor and outdoor amenities, including but not limited to accessory use hotel dining (collectively, the "Place of Assembly Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Place of Assembly Improvements, made part of the record under City Commission Resolution No. No. R-24-0505 and incorporated herein by reference, will be substantially complied with. b. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Place of Assembly Improvements, Owner shall construct on and improve the existing elevated patio with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain open to the public between sunrise and sunset every day for the purposes of viewing Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a gated entry for security purposes that is closed overnight outside of these daily hours. Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well- kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this highly visible waterfront location, and Owner may establish and enforce rules for use of the Outdoor Patio to do so that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods of time as may be reasonably required for construction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency circumstances. WHEREAS, on October 17, 2024, the Review Release Committee recommended approval of the partial release/modification of the Amended Covenant; and WHEREAS, the Planning Department recommends approval of the partial release/modification to the Amended Covenant, approval of the Second Amended Covenant as presented by the Applicant, and approval of the waterfront setback modification pursuant to the City Charter; and WHEREAS, as required by Section 3(mm)(ii) of the Charter, it is determined that the Applicant's Place of Assembly provides various public benefits including promotion of a better urban environment through improvements and upgrades to the existing waterfront patio, furnishing the waterfront patio for the public (which will cost at least $250,000), and maintaining and securing the area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 approves the partial release/modification of the Covenant, in a form acceptable to the City Attorney, by the following two (2) restrictions: c. Modified Setback for Place of Assembly Improvements. Subsection 2.B of the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: Notwithstanding anything to the contrary herein, the proposed Place of Assembly/event space for the existing hotel up to two (2) stories in height with related indoor and outdoor amenities, including but not limited to accessory use hotel dining (collectively, the "Place of Assembly Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Place of Assembly Improvements, made part of the record under City Commission Resolution No. R-24-0505 and incorporated herein by reference, will be substantially complied with. d. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Place of Assembly Improvements, Owner shall construct on and improve the existing elevated patio with landscaping, hardscaping, lighting, and furniture upgrades generally in accordance with the plans incorporated herein (the "Outdoor Patio"). The Outdoor Patio shall remain open to the public between sunrise and sunset every day for the purposes of viewing Biscayne Bay and other passive recreational activities. The Outdoor Patio may include a gated entry for security purposes that is closed overnight outside of these daily hours. Owner shall ensure that the Outdoor Patio is continuously maintained in a safe and well -kept manner, so as not to pose a safety hazard to the public and to be aesthetically pleasing in this highly visible waterfront location, and Owner may establish and enforce rules for use of the Outdoor Patio to do so that are generally consistent with the City's park regulations set forth under Chapter 38 of the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio to the public may be permitted (i) for such periods of time as may be reasonably required for construction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency circumstances. Section 3. The City Commission, after design and site -plan review and public hearing in accordance with Section 3(mm)(iii) of the City Charter and Article 3, Section 3.11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, (the "Miami 21 Code"), hereby determines that the modifications to the Waterfront 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 Setback requirements for the Place of Assembly located at approximately 1633 North Bayshore Drive, 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) The Property shall comply with all Building Code regulations and shall not have any open Code violations. 4) The City reserves the right to inspect the site/Property to ensure compliance with the conditions as listed. 5) Failure to comply with the conditions herein may result in the immediate revocation of this Resolution and shall be subject to any fines and penalties pursuant to the City Code. Section 4. All remaining provisions and restrictions in the Amended Covenant previously accepted by the City Commission remain in full force and effect. Section 5. This Resolution shall become effective ten (10) days upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS: ge . Wy j ng III, C y ttor' -y 1/9/2025 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.