HomeMy WebLinkAboutR-04-0502City of Miami
Legislation
Resolution: R-04-0502
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00721 Final Action Date: 7/22/2004
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
TERRAZAS RIVER PARK VILLAGE PROJECT, LOCATED AT APPROXIMATELY
1861 NORTHWEST SOUTH RIVER DRIVE, MIAMI, FLORIDA, TO BE COMPRISED
OF TWO BUILDINGS (ONE 20-STORY AND ONE 27-STORY) HOUSING 324
TOTAL MULTIFAMILY RESIDENTIAL UNITS AND 522 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 May 7, 2004, Lucia A. Dougherty on behalf of Windmoor Project, LLC, (referred to
as "APPLICANT"), submitted a complete Application for Major Use Special Permit for the Terrazas
River Park Village Project (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning
Ordinance No. 11000, for the property located at approximately 1861 NW South River Drive, 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 Historic and Environmental Preservation Board (HEPB) met on July 15, 2003, to
consider the proposed PROJECT (as a Class II application) for the removal and relocation of trees in
conjunction with the construction and recommended approval (HEPB Reso. 2003-49) with the
following conditions: An archeological monitoring plan shall be provided; a clear mitigation plan shall
be provided including a list of trees to be planted; and new trees provided as mitigation shall be 15'
tall (if available). If trees between 10'-12' are used, the number of trees required will be increased by
1.5. (Rooftop trees are excluded from this requirement, but do not count towards mitigation); and
WHEREAS, the project has yet to obtain a Certificate of Appropriateness for ground disturbing
activities at the site from the HEPB; and
WHEREAS, the Large Scale Development Committee met on April 21, 2004 to consider the
proposed project and offer its input; 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 Urban Development Review Board met on April 21, 2004, to consider the
proposed project and recommended approval with the following conditions: Address the utility ramp
vehicular circulation on west side; move transformer vault closer to street; add landscaping buffer
City of Miami
Page 1 of 4 File Id: 04-00721 (Version: 1) Printed On: 9/26/2016
File Number: 04-00721 Enactment Number: R-04-0502
along the west side of the building with a minimum of 5 feet wide; and provide louvers or other
articulation to screen the interior elements of the garage; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 16, 2004 Item
No. 7, following an advertised public hearing, adopted Resolution No. PAB 79-04 by a vote of six to
one (6-1), RECOMMENDING APPROVAL with conditions as specified by staff, 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 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 1861
NW South River Drive, Miami, Florida, more particularly described on "Exhibit B," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of two buildings (one 20-story and one
27-story) housing 324 total multifamily residential units and 522 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,
as amended.
b. The PROJECT is in accord with the R-4 (Multifamily High Density Residential) 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 $195,469,385, and to employ approximately
241 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 20 permanent new jobs. The PROJECT will generate approximately
$984,420 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;
City of Miami Page 2 of 4 File Id: 04-00721 (Version: 1) Printed On: 9/26/2016
File Number: 04-00721 Enactment Number: R-04-0502
(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 May 7, 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 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. {1}
Footnotes:
City of Miami Page 3 of 4 File Id: 04-00721 (Version: 1) Printed On: 9/26/2016
File Number: 04-00721 Enactment Number: R-04-0502
{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: 04-00721 (Version: 1) Printed On: 9/26/2016