HomeMy WebLinkAboutLegislationJ-04-002
01/05/04
RESOLUTION NO.
A RESOLUTION Or THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING WITH CONDITIONS,
A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE
NO. 11000,. FOR THE TUSCAN PLACE PROJECT, TO
BE LOCATED AT APPROXIMATELY 501 NORTHWEST 7H
AVENUE, 600, 658, AND 670 NORTHWEST 6 T
STREET, 621, 625, 635, 637, ANIS 647 NORTHWEST
5TH STREET, MIAMI, FLORIDA, TO BE COMPRISED
OF TWO RESIDENTIAL TOWERS CONSISTING OF 374
MULTIFAMILY RESIDENTIAL UNITS, RECREATIONAL
AMENITIES, AND A PARKING GARAGE WITH
APPROXIMATELY 515 TOTAL PARKING SPACES;
DIRECTING TRANSMITTAL; MAKING FINDINGS OF
FACT AND STATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 24, 2003, Adrienne F. Pardo, on behalf
of Gatehouse Development Corp., as contract purchaser
(hereinafter referred to as "APPLICANT"), submitted a complete
Application for a Major Use Special Permit for the Tuscan Place
Project (hereinafter referred to as "PROJECT"), pursuant to
Articles 5, 13, and 17 of Zoning Ordinance No. 11000, for the
property located at approximately 501 Northwest 7th Avenue, 600,
658, and 670 Northwest 6th Street, 621, 625, 635, 637, and 647
Northwest 5th Street, Miami, Florida, as legally described in
"Exhibit B," attached and incorporated; and
WHEREAS, development of the PROJECT requires the issuance of
a Major Use Special Permit pursuant to Article 17 of Zoning
Ordinance No_ 11.000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on
October 30, 2003 to consider the proposed PROJECT and offer its
input; and
WHEREAS, the Planning & Zoning's Internal Design Review
Committee met on October 7, 2003, to consider the proposed
PROJECT and recommended approval with the following conditions:
articulate the parking garage fagade, surface parking opposite
the lawn, and the driveway from the street, by providing
sufficient landscaping and/or architectural element(s) to hide
the surface parking from public view; relocate the loading area
or provide landscaping and/or architectural element(s) to
minimize the impact of this condition; and
WHEREAS, the APPLICANT has modified the proposed PROJECT to
address the expressed technical concerns raised at said Large
Scale Development Committee meeting and the design concerns; and
WHEREAS, the Miami Planning Advisory Board, at its
meeting held on December 17, 2003, Item No.2, following an
advertised public hearing, adopted Resolution No. PAB 85-03 by a
vote of six to zero (5-0), RECOMMENDING APPROVAL WITH CONDITIONS
of the Major Use Special Permit Development Order as attached and
incorporated; and
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WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
issue a Major Use Special Permit Development Order as hereinafter
set forth;
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. A Major Use Special Permit Development Order,
attached and incorporated as "Exhibit A," is approved subject to
the conditions specified in the Development Order, per Article 17
of Zoning Ordinance No. 11060, for the PROJECT to be developed by
the APPLICANT, at approximately 501 Northwest 7th Avenue; 600,
658, and 670 Northwest 61--h Street; 621, 625, 635, 637, and 647
Northwest 5th Street, Miami, Florida, more particularly described
in "Exhibit B," attached and incorporated.
Section 3. The PROJECT is approved for the construction of
two residential towers, consisting of 374 total multifamily
residential units, a parking garage with approximately 515
parking spaces, and recreational amenities.
Section 4. The Major Use Special Permit Application for
the PROJECT also encompasses the lower ranking Special Permits as
set forth in the Development Order ("Exhibit A").
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Section 5. The findings of fact set forth below are made
with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000,
as amended.
b. The PROJECT is in accord with the C-2 (Liberal
Commercial District) Zoning classification of
Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended.
C. Pursuant to Section 1305 of the Zoning Ordinance
of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and
egress, parking, signs and lighting, utilities,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered and will be further
considered administratively during the process of
issuing a building permit and a certificate of
occupancy.
d. The PROJECT is expected to cost approximately
$42,700,000 and to employ approximately 163
workers during construction (FTE-Full Time
Employees); the PROJECT will also result in the
creation of approximately 12 permanent new jobs.
The PROJECT will generate approximately $650,000
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annually in tax revenues to Local units of
government (2002 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on
the economy of the City;
(2) the PROJECT will efficiently use public
transportation facilities;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Use Special
Permit;
(4) the PROJECT will favorably affect the need
for people to find adequate housing
reasonably accessible to their places of
employment;
(5) the PROJECT will efficiently use necessary
public facilities;
(6) the PROJECT will not negatively impact the
environment and natural resources of the
City;
(7) the PROJECT will not adversely affect living
conditions in the neighborhood;
(8) the PROJECT will not adversely affect public
safety;
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(9) based on the record presented and evidence
presented, the public welfare will be served
by the PROJECT; and
(I0) any potentially adverse effects of the
PROJECT arising from safety and security,
fire protection and life safety, solid waste,
heritage conservation, trees, shoreline
development, minority participation and
employment, and minority contractor/
subcontractor participation will be mitigated
through compliance with the conditions of
this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and
amended, shall be binding upon the APPLICANT and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on October 30, 2003, and is on file with the
Department of Planning and Zoning of the City of Miami, Florida,
shall be relied upon generally for administrative interpretations
and is incorporated by reference.
Section 8. The City Manager is directed to instruct the
Director of the Department of Planning and Zoning to transmit a
copy of this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law
are made with respect to the PROJECT as described in the
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Development Order ("Exhibit A") for the PROJECT, attached and
incorporated.
Section 10. The Major Use Special Permit Development
Order for the PROJECT ("Exhibit A") is granted and issued.
Section 11. In the event that any portion or section of
this Resolution or the Development Order ("Exhibit A") is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
manner affect the remaining portions of this Resolution or
Development Order ("Exhibit A") which shall remain in full force
and effect.
Section 12. The provisions approved for this Major Use
Special Permit, as approved, shall commence and become operative
thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved,
shall expire two (2) years from its commencement and operative
date.
Section 14. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!/
zi If the Mayor does not sign this Resolution, it shall become effective at
the end of ten 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.
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PASSED AND ADOPTED this day of , 2004.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:,,. -,,,VW
ALEJANDRO VILARELLO
CITY ATTORNEY
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MANUEL A. DIAZ, MAYOR