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Home My WebLink AboutR-04-0277City of Miami Legislation Resolution: R-04-0277 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00319 Final Action Date: 4/22/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE DUPONT TOWERS PROJECT, TO BE LOCATED AT APPROXIMATELY 300 BISCAYNE BOULEVARD WAY, MIAMI, FLORIDA, TO BE COMPRISED OF TWO LUXURY TOWERS CONTAINING 1,228 MULTIFAMILY RESIDENTIAL UNITS AND 62 HOTEL UNITS BOTH WITH RECREATIONAL AMENITIES, 9,982 SQUARE FEET OF RETAIL SPACE, 20,010 SQUARE FEET OF RESTAURANT/CAFE SPACE, AND TWO 14-STORY PARKING GARAGES WITH APPROXIMATELY 1,481 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 February 5, 2004, Lucia A. Dougherty, on behalf of DP Property Holdings, LLC., (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for the Dupont Towers Project (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 300 Biscayne Boulevard Way, 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. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on December 16, 2003 to consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Design Review Board met on January 21, 2004, to consider the proposed PROJECT and recommended approval with the following conditions; utilize the materials boards and 3D renderings for project that are to be part of approval as submitted and presented to the UDRB on January 21, 2004: 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 March 17, 2004 Item No. 6, following an advertised public hearing, adopted Resolution No. PAB 22-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL, with conditions as specified by staff, of the Major Use Special Permit Development Order as attached and incorporated; and City of Miami Page 1 of 4 File Id: 04-00319 (Version: 11 Printed On: 9/8/2016 File Number: 04-00319 Enactment Number: R-04-0277 WHEREAS, the Miami Zoning Board, at its meeting held on March 8, 2004 Item No. 4, following an advertised public hearing, adopted Resolution No. ZB 2004-0834 by a vote of eight to one (8-1), RECOMMENDING DENIAL to City Commission of the special exception to allow valet parking for hotel and restaurant up to 50% of existing offstreet parking spaces. Also adopted Resolution No. ZB 2004-0835 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL WITH CONDITIONS of the special exception to allow a bar/lounge open to the public. Also, adopted Resolution No. ZB 2004-0836 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL WITH CONDITIONS of the first special exception; specifically, approval of the valet parking if applicant would condition accommodation of valet parking on the subject property. 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. 11000, for the PROJECT to be developed by the APPLICANT, at approximately 300 Biscayne Boulevard Way, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two luxury towers containing 1,228 multifamily residential units and 62 hotel units both with recreational amenities, 9,982 square feet of retail space, 20,010 square feet of restaurant/cafe space, and two 14-story parking garages with approximately 1,481 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: 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 $496,449,770 and to employ City of Miami Page 2 of 4 File Id: 04-00319 (Version: 11 Printed On: 9/8/2016 File Number: 04-00319 Enactment Number: R-04-0277 approximately 325 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 315 permanent new jobs. The PROJECT will generate approximately $10,643,159 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; (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 February 5, 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 is 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. City of Miami Page 3 of 4 File Id: 04-00319 (Version: 11 Printed On: 9/8/2016 File Number: 04-00319 Enactment Number: R-04-0277 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} Footnotes: {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: 04-00319 (Version: 1) Printed On: 9/8/2016