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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 vvww.ci.miami.fl.us File Number: 04-01127 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. 00-1134, PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1060 BRICKELL PROJECT LOCATED AT APPROXIMATELY 1050-60 BRICKELL AVENUE AND 1051 SOUTHEAST MIAMI AVENUE ROAD, MIAMI, FLORIDA, TO ALLOW A CHANGE TO THE ORIGINAL APPLICATION FOR: REDESIGN OF THE FACADE OF THE BUILDINGS; REDUCTION OF THE NUMBER OF RESIDENTIAL UNITS FROM 605 TO 572; REDUCTION 1N THE NUMBER OF PARKING SPACES FROM 1,022 TO 741 SPACES (601 SPACES REQUIRED); REDUCTION OF BUILDING FOOTPRINT FROM 54,595 SQ. FT. TO APPROXIMATELY 50,758 SQ. FT.; RELOCATION OF TOWER 2 TO THE NORTH BY 10 FEET SO THAT THE BUILDINGS ARE NOT DIRECTLY BEHIND EACH OTHER; EXTENSION OF THE MUSP EXPIRATION DATE TO DECEMBER 14, 2006; AND TO PRESERVE THE PLANNED UNIT DEVELOPMENT (PUD) BONUSES APPROVED PURSUANT TO RESOLUTION NO. 00-1134; 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 December 14, 2000, the City Commission approved Resolution No. 00-1134, which approved a Master Development Program for the property located at 1060 Brickell Boulevard, Miami, Florida; and WHEREAS, on August 6, 2004, Adrienne F. Pardo, on behalf of IMICO Brickell, LLC, (referred to as "APPLICANT"), submitted a complete Application to a Substantial Modification of the previously approved Major Use Special Permit for the 1060 Brickell Project (referred to as "PROJECT") pursuant to Articles 17 and 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), to allow a change to the original application for: Redesign of the facade of the buildings; Reduction of the number of residential units from 605 to 572; Reduction in the number of parking spaces from 1,022 to 741 spaces (601 spaces required); Reduction of building footprint from 54,595 sq. ft. to 50,758 sq. ft.; Relocation of Tower 2 to the north by 10 feet so that the buildings are not directly behind each other; Extension of the MUSP expiration date to December 14, 2006; and to preserve the Planned Unit Development (PUD) bonuses approved pursuant to Resolution No. 00-1134; 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 July 21, 2004, to consider the proposed project and recommended approval; and City of Miami Page 1 of 4 Printed On: 10/1 5/2004 File Number: 04-01127 WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 22, 2004, Item No. 7, following an advertised public hearing, adopted Resolution No. PAB 109-04 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL with conditions of the Substantial Modification of a 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 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 1050-60 Brickell Avenue and 1051 SE Miami Avenue Road, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two towers (one at 495-feet, 45- stories and the other at 400-feet, 34 stories) consisting of mixed uses with 572 total multifamily residential units with recreational amenities, approximately 25,000 square feet of retail, and 741 total 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, as amended. b. The PROJECT is in accord with the SD-5 "Brickell Avenue Area Office -Residential 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 $243,269,993 and to employ approximately 300 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 79 permanent new jobs. The PROJECT will generate approximately $1,439,752 annually in tax revenues to the City (2000 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 Printed On: 10/14/2004 File Number.: 04-01127 (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 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 Substantial Modification to a Major Use Special Permit, which was submitted on August 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} City of Miami Page 3 of 4 Printed On: 10/14/2004 File Number: 04-01127 APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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: 10/14/2004