HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING, WITH CONDITIONS, AN EXCEPTION
TO ALLOW THE INSTALLATION OF AN AMUSEMENT RIDE, NAMELY
A TEMPORARY FERRIS WHEEL ("FERRIS WHEEL"), PURSUANT TO
ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND ARTICLE 7,
SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21
CODE"); FURTHER APPROVING A WAIVER TO ALLOW AN
EXTENSION ABOVE THE MAXIMUM HEIGHT PURSUANT TO ARTICLE
7, SECTION 7.1.2.5(A)(12) OF MIAMI 21 ON A SITE WITHIN A "76-8-0,"
URBAN CORE — OPEN TRANSECT ZONE, FOR THE PROPERTY
GENERALLY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, AS PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Approximately 401 Biscayne Blvd [Commissioner Ken Russell- District 2]
APPLICANT(S): David Sacks, Esq., on behalf of Sky Views of America, LLC
PURPOSE: This will allow the installation of an amusement ride ("Ferris -Wheel") at 401
Biscayne Blvd (Bayfront Park) with ancillary concession stand.
FINDING(S):
PLANNING DEPARTMENT: Recommends approval with conditions
PLANNING, ZONING, AND APPEALS BOARD: Recommended approval with
conditions, on July 31, 2019, by a vote of 9-0.
File Number: 6336
City of Miami
Legislation
Resolution
Enactment Number: R-19-0429
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:10/24/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING, WITH CONDITIONS, AN EXCEPTION TO ALLOW THE INSTALLATION
OF AN AMUSEMENT RIDE, NAMELY A TEMPORARY FERRIS WHEEL ("FERRIS
WHEEL"), PURSUANT TO ARTICLE 4, TABLE 3; ARTICLE 6, TABLE 13; AND
ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE");
FURTHER APPROVING A WAIVER TO ALLOW AN EXTENSION ABOVE THE
MAXIMUM HEIGHT PURSUANT TO ARTICLE 7, SECTION 7.1.2.5(A)(12) OF MIAMI
21 ON A SITE WITHIN A "76-8-0," URBAN CORE — OPEN TRANSECT ZONE, FOR
THE PROPERTY GENERALLY LOCATED AT 401 BISCAYNE BOULEVARD, MIAMI,
FLORIDA, AS PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Bayside Marketplace property is owned by the City of Miami ("City") and
leased to Bayside Marketplace, LLC, a Delaware limited liability company ("Bayside"), pursuant
to a lease dated October 1985, and as subsequently amended in 1986, 1987, 1993, 2008, and
2014 ("Bayside Lease"); and
WHEREAS, Bayside and Sky Views of America, LLC ("Applicant") have entered into an
agreement to bring an Amusement Ride, namely a temporary ferris wheel ("Ferris Wheel"), to
Bayside on the property as described in Exhibit "A," attached and incorporated ("Property"),
subject to obtaining the requested Exception and Waiver described herein; and
WHEREAS, the Property is located at approximately 401 Biscayne Boulevard, Miami,
Florida and is located within a 76-8-0," Urban Core — Open Transect Zone; and
WHEREAS, on June 26, 2019, the Applicant submitted an Exception application in
accordance with Article 4, Table 3; Article 6, Table 13; and Article 7, Section 7.1.2.6 of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), to allow for the placement of a Ferris Wheel on the Property, as more particularly
depicted in Exhibit "A," attached and incorporated; and
WHEREAS, the Applicant also requests a Waiver pursuant to Article 7, Section 7.1.2.5
of the Miami 21 Code to allow an extension of the maximum Height for the Ferris Wheel in the
area described in Exhibit "A," attached and incorporated, to one hundred eighty feet (180'-0");
and
WHEREAS, as the Property is within the intensely used waterfront specialty district of
Bayside Marketplace with American Airlines Arena to the north, Mixed -Use development to the
west, Bayfront Park to the south, and Biscayne Bay to the east, the proposed Ferris Wheel is
consistent with the Property's context; and
WHEREAS, the Restricted Commercial Future Land Use designation allows a broad
variety of Uses and the Miami Comprehensive Neighborhood Plan encourages downtown's
development as a regional center for entertainment activities; and
WHEREAS, the Ferris Wheel installation will serve the City's residents and visitors; and
WHEREAS, the City's Planning Department finds the installation of the Ferris Wheel with
a maximum Height of one -hundred eighty feet (180'-0") at the Property is consistent with
Section 3.5 of the Miami 21 Code, titled "Measurement of Height," specifically Subsection 3.5.3;
and
WHEREAS, the request for a Ferris Wheel is consistent with the criteria for an Exception
identified in Article 6, Table 13 of the Miami 21 Code; and
WHEREAS, the overall design of the Ferris Wheel is consistent with the Exception
criteria in Section 7.1.2.6(b)(4) and Article 4, Table 12 of the Miami 21 Code; and
WHEREAS, a presentation regarding the proposed temporary Ferris Wheel was
provided to the City's Waterfront Advisory Board ("WAB") on July 9, 2019; and
WHEREAS, WAB lacked a quorum at the July 9, 2019 meeting and, therefore, could not
vote on the item; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on July 31, 2019,
following an advertised public hearing, adopted Resolution No. PZAB-R-19-034 by a vote of
nine to zero (9-0), Item No. PZAB.1, recommending approval with conditions of an Exception to
allow the installation of a Ferris Wheel on the Property and a Waiver to allow it to extend above
the maximum Height; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its residents to approve the Exception
and Waiver for the installation of the Ferris Wheel subject to conditions as stated herein; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to approve, with conditions, the Exception and
Waiver to install the Ferris Wheel that will not exceed one -hundred eighty feet (180'-0") in
Height at the Property consistent with the Charter and Code of the City of Miami, Florida, as
amended ("City Code");
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 approves this Exception to allow the installation of only
a Ferris Wheel and approves the associated Waiver to allow only the Ferris Wheel to extend
above the maximum Height in the area described in Exhibit "A," attached and incorporated, for
the Property with the following conditions:
1. The installation of the Ferris Wheel on the Property shall be substantially in
compliance with the plans submitted in E -Plan on July 5, 2019.
2. The Ferris Wheel is limited to a maximum height of one -hundred eighty feet (180'-
0"
3. The Applicant shall comply with the requirements of all applicable departments and
agencies as part of the City's building permit process.
4. Any Signage must be processed under a separate permit.
5. A Landscape plan that complies with Article 9 of the Miami 21 Code and Chapter 17
of the Code of the City of Miami, Florida, as amended, providing sufficient trees,
shrubs, and ground coverage in a tiered fashion shall be submitted for review and
approval by the Planning Director.
6. This approval of the Exception and Waiver is for the Applicant only. Any change of
fifty percent (50%) or more of the operator or ownership or any modification in the
composition of the ownership of the Applicant (operator) requires a new Exception.
7. Pursuant to Article 7, Section 7.1.2.6(e) of the Miami 21 Code, this Exception and
associated Waiver shall be valid for two (2) years during which a building permit or
Certificate of Use must be obtained. This excludes a demolition, signage, or
landscape permit. A one-time extension for a period not to exceed an additional year
may be obtained upon approval by the Planning Director.
8. The Ferris Wheel shall be located only on the portion of the Property specifically
identified in Exhibit 'A" attached and incorporated.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective immediately upon its adoption.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i . nd" ez, ('.4 Attor t
ey _� 9/12/2019
' This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 or upon the effective date stated
herein, whichever is later.