HomeMy WebLinkAboutLegislationJ-04-026
02/02/04
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING WITH CONDITIONS,
A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE
NO. 11000, FOR THE BLUE ON CORAL WAY PROJECT,
TO BE LOCATED AT APPROXIMATELY 3170 SOUTHWEST
22ND STREET AND 3163, 3165, AND 3175
SOUTHWEST 22ND TERRACE, MIIAMI, FLORIDA, TO BE
COMPRISED OF A 20-STORY MIXED USE BUILDING,
WHICH CONSISTS OF 190 TOTAL MULTIFAMILY
RESIDENTIAL UNITS, 4,135 SQUARE FEET OF
RETAIL SPACE, 4,100 SQUARE FEET OF OPEN
RECREATIONAL SPACE WITH RECREATIONAL
AMENITIES, AND A PARKING GARAGE CONSISTING OF
APPROXIMATELY 331 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 November 3, 2003, Adrienne F. Pardo, on behalf
o� Blue on Coral Way, LLC., (referred to as "APPLICANT"),
submitted a complete Application for Major Use Special Permit for
The Blue on Coral Way Project (referred to as "PROJECT"),
pursuant to Articles 5, 9, 13, and 17 of Zoning Ordinance
No. 11000, for the property located at approximately 3170
Southwest 22n` Street and 3163, 3165, and 3175 Southwest 22na
Terrace, 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. 1€000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on
October 1, 2003, to consider the proposed PROJECT and offer its
input; and
WHEREAS, the Urban Design Review Board met on June 18, 2003,
to consider the proposed PROJECT and recommended approval with
the following condition: that the townhouses shall remain as
residential and commercial, shall be limited to C-1 along Coral
Way to the ground floor as shown in plans presented to UDRB June
18, 2003; 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 January 21, 2004, Item No. 6, following an advertised
public hearing, adopted Resolution No. PAB 06-04 by a vote of six
to two (6-2), RECOMMENDING APPROVAL WITH CONDITIONS of the Major
Use Special Permit Development Order as attached and
incorporated; and
WHEREAS, the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to
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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. 11000, for the PROJECT to be developed by
the APPLICANT, at approximately 3170 Southwest 22nd Street and
3163, 3165, and 3175 Southwest 22nd Terrace, Miami, Florida, more
particularly described in "Exhibit B," attached and incorporated.
Section 3. The PROJECT is approved for the construction
of a 20--story mixed use building, which consists of 190 total
multifamily residential units, 4,135 square feet of retail space,
4,100 square feet of open recreational space with recreational
amenities, and a parking garage consisting of approximately 331
total parking spaces.
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").
Section 5. The findings of fact set forth below are made
with respect to the subject PROJECT:
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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-1 (Restricted
Commercial District), and in a SD-23 (Coral Way Overlay
District) Zoning Classification of the Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of Miami,
Florida,
as amended. It is noted
has applied and was approved for
lots 28, 29, 30, and 31
Terrace from R-2
located
(Two -Family
that the applicant
a zoning change
along Southwest
Residential) to
for
22nd
C-1
(Restricted Commercial) on December 15, 2003 Zoning
Board Meeting.
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
$22,000,000, and to employ approximately 200 workers
during construction (FTE-Full Time Employees); the
PROJECT will also result in the creation of
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approximately six (6) permanent new jobs. The PROJECT
will generate approximately $986,353 annually in tax
revenues to local units of government (2003 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
(10) 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 November 3, 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 approved provisions of this Major Use
Special Permit, 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.1/
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was gassed 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:?
ALEJANDRO VILARELLO
CITY ATTORNEY
W7631:GKW:et
MANUEL A. D IAZ , MAYOR
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