The URL can be used to link to this page

Home My WebLink AboutR-04-0276City of Miami Legislation Resolution: R-04-0276 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00320 Final Action Date: 4/22/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 02-1249, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE METROPOLITAN MIAMI PROJECT, LOCATED AT APPROXIMATELY 300 & 200 SOUTHEAST 3RD STREET AND 200 SOUTHEAST 2ND STREET, MIAMI, FLORIDA; 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 19, 2002, the City Commission approved Resolution No. 02-1249, which approved a Master Development Program for the property located between SE 2nd and 4th Streets and SE 2nd Avenue and Biscayne Boulevard, Miami, Florida; and WHEREAS, on January 9, 2004, Gilberto Pastoriza, on behalf of MDM Downtown, LTD; New Miami LP Holdco, LLC; MDM II, LLC; Luis Polenta, Ricardo Glas; P&G, LLC; JP Hotels, Inc; P&G Development, LTD; Lawrence J. DeGeorge; Alejandro Angulo and Miguel Incocente, (referred to as "APPLICANT"), submitted a complete Application to a Substantial Modification of the previously approved Major Use Special Permit for the Metropolitan Miami Project - Parcel "B" (referred to as "PROJECT") pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), to approve a relocation of the residential building on "Parcel B" approximately eight feet south of the approved location to allow for the right-of-way dedication with the City's desired realignment of S.E. 3rd Street., as legally described in "Exhibit B", attached and incorporated; and WHEREAS, development of the PROJECT requires the issuance of a Substantial Modification to a Major Use Special Permit pursuant to Article 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Urban Design Review Board met on March 17, 2004, to consider the proposed PROJECT and recommended approval of the Substantial Modification of a Major Use Special Permit; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on March 17, 2004, Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 21-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of the Substantial Modification of a Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the Miami Zoning Board, at its meeting held on February 23, 2004, Item No. 14, following an advertised public hearing, adopted Resolution No. ZB 2004-0826 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of Variance from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Section 401 of the Zoning Code to permit setback of 0'0" from SE 4 Street where 5'0" is required; and WHEREAS, the City Commission deems it advisable and in the best interest of the general City of Miami Page 1 of 4 File Id: 04-00320 (Version: 11 Printed On: 9/8/2016 File Number: 04-00320 Enactment Number: R-04-0276 welfare of the City of Miami to issue a Substantial Modification of 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 Substantial Modification to 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 300 & 200 S.E. 3RD STREET AND 200 S.E. 2ND STREET, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved as a phased development with the construction of 1,500 residential units with accessory retail space, 9,000 square feet of office uses, approximately 218,500 square feet of retail uses, and approximately 4,284 parking spaces. Section 4. The Substantial Modification to a 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: 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 CBD (Central Business 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, refuse and service areas, 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 $688,306,558, and to employ approximately 915 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 470 permanent new jobs. The PROJECT will generate approximately $9,952,832 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 Substantial Modification to a 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; (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 City of Miami Page 2 of 4 File Id: 04-00320 (Version: 11 Printed On: 9/8/2016 File Number: 04-00320 Enactment Number: R-04-0276 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 Substantial Modification to Major Use Special Permit. Section 6. The Substantial Modification to a Major Use Special Permit, as approved and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for a Substantial Modification to a Major Use Special Permit, which was submitted on January 9, 2004, and 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 Development Order ("Exhibit A") for the PROJECT, attached and incorporated. Section 10. The Substantial Modification to a 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 Substantial Modification to a Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Substantial Modification to a Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. All previous approvals granted by Resolution No. 02-1249 not herein Modified shall remain unchanged. Section 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: City of Miami Page 3 of 4 File Id: 04-00320 (Version: 11 Printed On: 9/8/2016 File Number: 04-00320 Enactment Number: R-04-0276 {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 passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 4 of 4 File Id: 04-00320 (Version: 1) Printed On: 9/8/2016