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Home My WebLink AboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-00576 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, RESOLUTION NO. 98-1151, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR METROPOLITAN MIAMI PROJECT LOCATED AT APPROXIMATELY 300 AND 200 SOUTHEAST 3RD STREET AND 200 SOUTHEAST 2ND STREET, MIAMI, FLORIDA, TO ALLOW A CHANGE IN THE ORIGINAL APPLICATION FROM 227, 625 SQUARE FEET OF NON-RESIDENTIAL FLOOR AREA AND 4,284 PARKING SPACES (AS MODIFIED BY RESOLUTION NO. 02-1249) TO APPROXIMATELY 736,700 SQUARE FEET AND 3,716 PARKING SPACES; AND TO PRESERVE THE 1,500 DWELLING UNITS APPROVED PURSUANT TO RESOLUTION NO. 02- 1249; 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 April 6, 2004, Gilberto Pastoriza, on behalf of MDM Residence, Ltd.; MDM Retail, Ltd.; and P&G Development, Ltd., (referred to as "APPLICANT"), submitted a complete Application to a Substantial Modification of the previously approved Major Use Special Permit for the Metropolitan Project - Parcel "B," "C," and "D" (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 a change in the original application from 227,625 square feet of non-residential floor area and 4,284 parking spaces (as modified by Resolution No. 02-1249) to approximately 736,700 square feet and 3,716 parking spaces; and to preserve the 1,500 dwelling units approved pursuant to Resolution No. 02-1249; 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 Miami Planning Advisory Board, at its meeting held on May 19, 2004 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB-63-04 by a vote of seven to one (7 -0), RECOMMENDING APPROVAL WITH CONDITIONS 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 of May 10, 2004, Item No. 6, following an advertised hearing, adopted Resolution No. ZB 2004-0867, by vote of seven to one (7 to 1), City of Miami Page 1 of 4 Printed On: 6/11/2004 File Number: 04-00576 RECOMMENDING APPROVAL WITH CONDITIONS of the special exceptions, as hereinafter set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general 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, 500,000 square feet of office uses, approximately 736,700 square feet of retail uses, and approximately 3,716 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 11 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, 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 $1,007,572,710, and to employ approximately 1,038 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 775 permanent new jobs. The PROJECT will generate approximately $4,888,500 annually in tax revenues to the City (2004 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; City of Miami Page 2 of 4 Printed On: 6/11/2004 Rio Number: 04-00576 (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 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 April 6, 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. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1) APPROVED AS TO FORM AND CORRECTNESS: JANDRO VI ' ELLO Y ATTORNE City of Miami Page 3 of 4 Printed On: 6/11/2004 File Number.- 04-00576 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 Printed On: 6/11/2004