HomeMy WebLinkAboutPZAB (6187) ResolutionX01. "p'l City of Miami City Hall
PZAB Resolution 3500 Pan American Drive
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Enactment Number: PZAB-R-19-034
File ID: 6187 Final Action Date: 7/31/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
WITH ATTACHMENT(S), RECOMMENDING TO THE MIAMI CITY COMMISSION
APPROVAL OF AN EXCEPTION TO ALLOW THE INSTALLATION OF AN
AMUSEMENT RIDE (FERRIS WHEEL) PER 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"); AND
RECOMMENDING APPROVAL OF A WAIVER TO ALLOW AN EXTENSION
ABOVE THE MAXIMUM HEIGHT PER ARTICLE 7, SECTION 7.1.2.5(A)12 OF THE
MIAMI 21 CODE ON A SITE WITHIN THE "76- 8-0," URBAN CORE — OPEN
TRANSECT ZONE, GENERALLY LOCATED AT 401 BISCAYNE BOULEVARD,
MIAMI, FLORIDA, AS MORE DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Property located at approximately 401 Biscayne Boulevard, as more
particularly described in Exhibit "A," attached and incorporated, (the "Property") is used for
Bayfront Park (320 and 401 Biscayne Boulevard) and Bayside Marketplace; and
WHEREAS, the Property is owned by the City of Miami ("City") and leased to Bayside
Marketplace, LLC, a Delaware limited liability company ("Bayside"), pursuant to a Ground Lease
dated October 15, 1985, as amended (the "Ground Lease"); and
WHEREAS, Bayside and Sky Views of America, LLC ("Applicant") have entered into an
agreement to bring an Amusement Ride to Bayside, subject to obtaining the requested
Exception Permit and Waiver; and
WHEREAS, on June 26, 2019, the Applicant submitted to the City a request for an
Exception in accordance with 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 the placement of an Amusement Ride within the 76- 8-0," Urban Core — Open Transect
Zone; and
WHEREAS, on June 26, 2019, Applicant also submitted to the City a request for a
Waiver, in accordance with Article 7, Section 7.1.2.5 to allow an extension of the Maximum
Height for an Amusement Ride within the 76- 8-0," Urban Core — Open Transect Zone, was
submitted concurrently with the above Exception; 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, this Amusement ride is
consistent with its context; and
City of Miami Page 1 of 3 File ID: 6187 (Revision: D) Printed On: 81112019
WHEREAS, the Restricted Commercial Future Land Use ("FLU") designation allows a
broad variety of Uses and the Miami Comprehensive Neighborhood Plan ("MCNP") encourages
downtown's development as a regional center for entertainment activities; and
WHEREAS, the Amusement Ride installation will serve the City residents, Miami -Dade
County residents, and visitors; and
WHEREAS, the City's Planning Department staff finds the installation an Amusement
Ride with a Maximum Height of 180 -feet is consistent with the intent of the regulations pursuant
to Section 3.5, titled, "Measurement of Height," of the Miami 21 Code, specifically Subsection
3.5.3, at the proposed locations within the Property; and
WHEREAS, the request to install an Amusement Ride is consistent with the criteria for
an Exception identified in Miami 21, Article 6, Table 13; and
WHEREAS, the Exception criteria in the Miami 21 Code, Section 7.1.2.6.b.4, indicates
that the review of an application for an Exception shall apply Article 4, Table 12 Design Review
Criteria, as applicable, and in this case, the overall design of the Amusement Ride is consistent
with the existing character of the subject site; and
WHEREAS, the Planning, Zoning, and Appeal Board ("PZAB"), after careful
consideration of this matter, deems it advisable and in the best interest of the general welfare of
the City and its inhabitants to recommend approval of the Exception for the installation of an
Amusement Ride subject to conditions; 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 recommend approval of the Exception and
Waiver to install an Amusement Ride (Ferris Wheel) that will not exceed one -hundred eighty
feet (180'-0") in Height, as it is consistent with the intent of the regulations pursuant to the Miami
21 Code, at the proposed location within Bayside Marketplace; and
WHEREAS, after due consideration, the PZAB recommends to the City Commission
approval with conditions of the Exception to install an Amusement Ride (Ferris Wheel) and the
associated Waiver;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD 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 Planning, Zoning and Appeals Board ("PZAB") recommends to the
City Commission approval of this Exception and associated Waiver to the City Commission
contingent upon compliance with the following conditions:
1. The installation of a Ferris Wheel on the Property shall be substantially in compliance
with the plans submitted in E -Plan on July 5, 2019.
2. The Amusement Ride (Ferris Wheel) is limited to a maximum height of 180'-0".
City of Miami Page 2 of 3 File ID: 6187 (Revision: D) Printed On: 81112019
3. The Applicant shall comply with the requirements of all applicable departments and
agencies as part of the City building permit submittal process.
4. Any Signage must be processed under a separate permit
5. A Landscape plan that complies with Miami 21, Article 9 and City Code Chapter 17
providing sufficient trees, shrubs, and ground coverage in a tiered fashion shall be
submitted for review and approval by the Planning Director.
6. Pursuant to Article 7, Section 7.1.2.6.e, 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 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 or designee.
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.
FrTartm
c Garcia, Director Execution Dath '
De nt of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE 1
Personally appeared before me, the undersigned authority, l 10 t� Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed Meforegoing Resolution.
S ORN AND SUBSCRIBED BEFORE ME THIS � DAY OF ►%.�?,�rj� , 201_L
Print Notary Name ry Public State of Florida
Personally know Li°" or Produced I.D. 101/"My Commission Expires
Type and number of I.D. produced
Did take an oath or Did not take an oath
_<aY:ou ERICA KLEE
MY COMMISSION # GG 188537
EXPIRES: February 21, 2022
BOMed Thru Notary Public ftwmkm
City of Miami Page 3 of 3 File ID: 6187 (Revision: D) Printed On: 81112019
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
SKYWHEEL PARCEL
PORT BOULEVARD (o.R.B. 6811, PG. 24D) SOUTH LINE, SCO/e: l »=300' Vd
.nr
— 703.43' —Rl W — - r g PORT BOULEVARD
1y89'58'18 E I $ o R.B. 6811, PG. 240
P.aa Z rr
NORTHEAST `
CORNER GARAGE PARCEL"
OF BLOCK 61, (O.R.B. 12690, PG. o,o T4�1
5895'49 E \ \
,"AVALP OF YL ON y 159) In � 0 MGIMI" 2383 '\•
(P.B. B, PG. 41) RIW N895149V
10.0
1,� 23.83'
m
o g o I S89'51 '49 E 7
h g
Ln
y/
MARINA
\ 157.27' 179.58 `r
57.78'—J� N89751'491Y N89'51'49 1w
79 E f
516'51 -- 1
I Iwo WETAIL PARCEL
N a (O.R.B. 12684, PG I-, ��QG'
m 1 140.96' 157) \ O
i
I 589'51 '49 E /% �g� O 1b\
.56., \A9
LEGEND: \ \
BAYFRONT PARK "RETAIL
l7ETAlL PARCEL "
\ (O.R.B. 12684, PG. ,� , 65. 6S' '
M - Monument Line \.\ 157) op Oh ��
Property Line a
R W - Ri ht -Of -WO 1 ��sr-J / NORTH LINE OF
P . - PaYWALK AREA
ge
Book y S6S'60 CLERKS6� e " 85R23 L 6 "
9 9 ` 111.05
P. O. B. - Poin t of Beginning p 0 e 524'04 54 w
P.O.C. - Point of Commencement 11,17' 65.17'
0, R. B. -Officio/ Records Book
N62'464619 N27IJ'14 E
WEST LINE OF
BAYWALK AREA"
CLERK S FILE/
85R-231126
NOTE.'
1. Bearings shown hereon relate to an assumed bearing (N8958'18 E) along Easterly prolongation of the Northerly line of Block
61 North, A.L. Knowlton Mop of Miami, Plot Book B at Page 41, of the Public Records of Miomi-Dode County, Florida.
2. The legal description shown hereon was based on information provided by client.
3. This sketch has been prepared for the exclusive use of the entity or entities named hereon only, The certification herein does
not extend to any unnamed parties.
4. See Sheet 2 of 2 for Legal Description.
Prepared For- Sky Kews - Miami, LLC.
OF
(LB -87)
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010 6ROWARD:(954) 435-7010 FAX. -(305) 652-8264
THIS IS NOTA "LAND SURVEY."
ORDER NO.: 209637 PREP ED UNDER MY SUPERVISION:
DATE: JAN. 3, 2019
SHEET 1 OF 2 SHEET(5) F. B.: N.A. MARK STEVEN JOHNSON, PRINCIPAL
FLORIDA PROF LAND SURVEYOR NO 4775
OF
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SKET(W TO A VOMPANY LEGAL DESCRIPTION
SKYWHEEL PARCEL
Skywheel Parcel
Legal Description. -
Commence at the Northeast corner of Block 61 North of the A. L. KNOWLTON MAP OF MIAMI, as recorded in Plat Book 'B" at Page
41, of the Public Records of Miami-Dode County, Florida, thence run North 89508" East, along the Easterly prolongation of the
Northerly line of Block 61 North of said A.L. KNOWLTON MAP OF MIAMI, for a distance of 703.43 feet to a point; thence run South
0008'11" West for a distance of 100.00 feet to a point of intersection with the South line of Port Boulevard, as recorded in Official
Records Book 6811 at Page 240, of the Public Records of Miami-Dode County, Florida, thence run South 0008'11" West for a
distance of 181.09 feet to a point; thence run South 8951'49" East for a distance of 23.83 feet to a point; thence run South
0008'11" West for o distance of 41.50 feet to a point; thence run North 895149" West for a distance of 23.83 feet to a point;
thence run South 0008'11" West for a distance of 174.50 feet to o point; thence run South 8951'49" East for a distance of 23.83
feet to a point; thence run South 0008'11" West for a distance of 41.50 feet to a point; thence run North 8951'49" West for o
distance of 179.58 feet to a point; thence run South 0008'11" West for a distance of 25.00 feet to a point; thence run North
8951'49" West for a distance of 157.27 feet to a point of intersection with a line 210 feet Easterly of and parallel with, as
measured at right angles to, the City Monument line of Biscayne Boulevard (North); thence run South 165129" East, along o line
parallel with, as measured at right angles to, the City Monument line for o distance of 57.78 feet to a point; thence continue along
a line 210 feet Easterly of and parallel with, as measured at right angles to, the City Monument line South 093321" East for a
distance of 139.74 feet to a point; thence run South 8951'49" East for a distance of 140.96 feet to a point; thence run South
5658'03" East for a distance of 604.49 feet to a point; thence run South 6550'46" East for a distance of 470.52 feet more or
less to a point of intersection with the West line of the Baywalk Area as described in the Warranty Deed doted July 14, 1985, and
filed July 31, 1985, under Clerk's File No. 85R-231126, of the Public Records of Miami -Dade County, Florida; thence run North
2713'14" East, along the West line of said Boywolk Area, for a distance of 65.17 feet to a point; thence run North 624646" West,
at right angles to the lost described course, for a distance of 11.17 feet to the POINT OF BEGINNING of the following described
parcel of land.- thence run North 6558101 " West for a distance of 72.68 feet to a point; thence run North 24'04'54 " East for a
distance of 111.05 feet to o point; thence run South 6558'01" East for a distance of 72.68 feet to a point; thence run South
24'04'54" West for a distance of 111.05 feet to the POINT OF BEGINNING.
Said parcel of land containing 8,071 square feet, more or less or, 0.185 acres, more or less.
NOTE.•
1. Bearings shown hereon relate to an assumed bearing (N8958'18" E) along Eosterly prolongation of the Northerly line of Block 61
North, 'A.L. Knowlton Mop of Miami, Plat Book B at Page 41, of the Public Records of Miomi-Dade County, Florida.
2. The legal description shown hereon was based on information provided by client.
3 This sketch has been prepared for the exclusive use of the entity or entities named hereon only. The certification herein does not
extend to any unnamed parties.
4. See Sheet 1 of 2 for Sketch To Accompany Legal Descnption.
Prepared For: Sky View Miami
4
LAND SURVEYORS ENGINEERS LAND PLANNERS
3240 CORPORATE WAY, MIRAMAR, FLORIDA 33025 DADE.•(305) 652-7010
THIS IS NOT A "LAND SURVEY."
SHEET 2 OF P SHEET(S)
ORDER NO.: 209637
DATE: JAN. 3, 2019
F.B.: N.A.
(LB -87)
BROWARD,,(954) 435-7010 FAX.•(305) 652-8284
PREPARED UNDER MY SUPERVISION:
MARK STEVEN JOHNSON, PRINCIPAL
FLORIDA PROF. LAND SURVEYOR NO. 4775
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