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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 parcelsf; 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;rrl M r c, -.o r.� 16838 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 2.6 4;the Covenant, previously modified by the Amended Covenant, is hereby further amended to provide that: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 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, fumishing 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. -o 0 0 r THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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.' �-e 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. SUBSTITUTED City of Miami Legislation Resolution File Number: 16838 City Hall 3500 Pan American Dr' Miami, FL 33133 www.miamigov. Final Ac ' a n Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHME (S), MAKING FINDINGS AND APPROVING WITH CONDITIONS MODIFICA •N OF THE WATERFRONT SETBACK REQUIREMENTS PURSUANT TO SECTI• 3(MM)(III) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA; APPROVING ' 'ARTIAL RELEASE/MODIFICATION OF AN AMENDED RESTRICTIVE CO NANT, ATTACHED AND INCORPORATED AS EXHIBIT "C;" AND APP- 4VING THE PROFFERED SECOND AMENDED COVENANT, ATTACHED D INCORPORATED AS EXHIBIT `B," IN A FORM ACCEPTABLE TO THE CITY ' ORNEY, FOR THE PROPERTY LOCATED APPROXIMATELY AT 1633 NORT ' BAYSHORE DRIVE, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRI: D IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDIN; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR A FFECTIVE DATE. WHEREAS, Nicholas Barshel, Esq., on the be►:If Host Biscayne Bay Land LLC, a subsidiary of Host Hotels & Resorts, ("Applicant") s mitted a request to the City of Miami ("City") for a Special Appearance for a partial rele-.e/modification of a recorded Amended Restrictive Covenant, attached and incorporate• .s Exhibit "C," ("Amended Covenant") for the property located approximately at 1633 North ' ayshore Drive, Miami, Florida ("Property"), as legally described in Exhibit "A," attached an• ncorporated; and WHEREAS, the Property is an a emblage approximately 82,847 square feet of lot area (1.90 acres); and WHEREAS, the Property i- zoned "T6-36B-O," Urban Core Transect Zone — Open; and WHEREAS, on May 4 972, Owner's predecessor in interest Florida East Coast Properties, Inc. ("Previous • ner") entered into a Restrictive Covenant agreement with the City, as recorded on Septemb 6, 1972 in Official Records Book 7878, Page 266 of the Public Records of Miami -Dade ounty, Florida ("Covenant") regarding development of the Property; and WHEREA•, the Covenant stipulated that the Propery was required to be developed substantially in ►.mpliance with the sketches, drawings, renderings, and models approved by the City Com ssion to construct a Mixed -use project ("Project"); and W' REAS, the Project was approved with a 20-foot waterfront setback; and HEREAS, on February 28, 1980, the Predecessor entered into an Agreement ("A• eement") and Amended Covenant ("Amended Covenant") with the City, as recorded on rch 12, 1980 in Official Records Book 10684, Page 1727 and Official Records Book 10684, age 1729, respectively, of the Public Records of Miami -Dade County, Florida that amended the Covenant related to development of the Property; and SUBSTITUTED WHEREAS, the Agreement and Amended Covenant provided a 50-foot setback requirement from the shoreline of Biscayne Bay that must be observed at the Property; and WHEREAS, the Agreement also contemplated that the Applicant would apply 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 two (2) story Place of Assembly with indoor and outdoor amenities encroaching into the 4-foot setback area set forth under the Amended Covenant; and WHEREAS, the proposed enclosed Place of Assembly is approxim. -ly 4,182 square feet; and WHEREAS, the Applicant is seeking a partial release/modificon to the Amended Covenant to provide that a 25-foot setback requirement from the s .reline of Biscayne Bay may be observed at the Property for the Hotel's Place of Assembly; a WHEREAS, pursuant to Section 3(mm)(iii) of the City ' after, waterfront setback requirements may be modified by the City Commission aft- design and site -plan review and public hearing if the City Commission determines that th- odifications requested provide public benefits such as direct public access, plaza dedi'.tions, or comparable benefits which promote a better urban environment and public adva► ages, or which preserve natural features; and WHEREAS, in consideration for this w City Commission, the Applicant is providing environment and public advantages, in the er of the 50-foot setback requirement by the lic benefits that promote a better urban rm of a publicly accessible waterfront patio; and WHEREAS, the Applicant shall .e responsible for maintaining the waterfront patio and enforcing rules for its use that are ge' -rally consistent with the City's Park regulations set forth under Chapter 38 of the Code oft City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Applicproffered a Second Amended Covenant, attached and incorporated as Exhibit "B"; - d WHEREAS, the .plicant proffered the following restrictions: a. Modified S previously modifie ack for Ballroom Improvements. Subsection 2.B of the Covenant, y the Amended Covenant, is hereby further amended to provide that: Notwit anding anything to the contrary herein, the proposed ballroom/event space for the existing tel up to two (2) stories in height with related indoor and outdoor amenities, including b not limited to accessory use hotel dining (collectively, the "Ballroom Improve nts"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketch , drawings, renderings, and models of the Ballroom Improvements, made part of the reco . under City Commission Resolution No. and incorporated herein by reference, will be su► tantially complied with. b. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to also include the following new subsection: SUBSTITUTED D. It is understood and agreed that, in conjunction with Owner's development of the Ballroom 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 securi purposes that is closed overnight outside of these daily hours. Owner shall ensure that th Outdoor Patio is continuously maintained in a safe and well- kept manner, so as not to ..se a safety hazard to the public and to be aesthetically pleasing in this highly visible waterf nt location, and Owner may establish and enforce rules for use of the Outdoor Patio to 4o so that are generally consistent with the City's park regulations set forth under Chapter 3:.f the City Code. Notwithstanding the foregoing, temporary closures of the Outdoor Patio t. he public may be permitted (i) for such periods of time as may be reasonably required for co►_truction, repairs, and maintenance to the Outdoor Patio, or (ii) under temporary emergency c umstances. WHEREAS, on October 17, 2024, the Review Release Committ: recommended approval of the partial release/modification of the Amended Covenant -nd WHEREAS, the Planning Department recommends appro :I of the partial release/modification to the Amended Covenant; and WHEREAS, the Planning Department recommends Covenant as presented by the Applicant, in a form accep proval of the Second Amended le to the City Attorney; and WHEREAS, after review of the matter, it is fo ' . to be in the best interest of the City and its residents to approve the partial release/modifica .n of the Amended Covenant and approve the Second Amended Covenant, in a form accept .le to the City Attorney; NOW, THEREFORE, BE IT RESOLV OF MIAMI, FLORIDA: BY THE CITY COMMISSION OF THE CITY Section 1. The recitals and find gs contained in the Preamble to this Resolution are adopted by reference and incorporat- . as if fully set forth in this Section. Section 2. The City Com -sion approves the partial release/modification of the Covenant, in a form acceptable . the City Attorney, by the following two (2) restrictions: c. Modified Setback '.r Ballroom Improvements. Subsection 2.B of the Covenant, previously modified by th Amended Covenant, is hereby further amended to provide that: otwithstanding anything to the contrary herein, the proposed ballr•.m/event space for the existing hotel up to two (2) stories in height with rel ed indoor and outdoor amenities, including but not limited to accessory use tel dining (collectively, the "Ballroom Improvements"), is permitted to be setback only 25 feet from the shoreline of Biscayne Bay. The sketches, drawings, renderings, and models of the Ballroom Improvements, made part of the record under City Commission Resolution No. and incorporated herein by reference, will be substantially complied with. d. Publicly Accessible Waterfront Patio. Section 2 of the Covenant is hereby amended to o include the following new subsection: D. It is understood and agreed that, in conjunction with Owner's development of the Ballroom Improvements, Owner shall construct on and SUBSTITUTED 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 ho Owner shall ensure that the Outdoor Patio is continuously maintained in a '..fe and well- kept manner, so as not to pose a safety hazard to the public a . to be aesthetically pleasing in this highly visible waterfront location, and Owr -r may establish and enforce rules for use of the Outdoor Patio to do so tha .re generally consistent with the City's park regulations set forth unde hapter 38 of the City Code. Notwithstanding the foregoing, temporary closure•. of the Outdoor Patio to the public may be permitted (i) for such periods of tim as may be reasonably required for construction, repairs, and maintena e to the Outdoor Patio, or (ii) under temporary emergency circumstances. Section 3. All remaining provisions and restrictions in the Cov- ant previously accepted by the City Commission remain in full force and effect. Section 4. This Resolution shall become effective imm adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: lately ten (10) days upon its 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.