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Home My WebLink AboutR-04-0717City of Miami Legislation Resolution: R-04-0717 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00460 Final Action Date: 10/28/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO RESOLUTION NO. 98-450, A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 5, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, FOR THE VILLA MAGNA PROJECT (F.K.A. BAYSHORE PALMS MUSP PHASE II) LOCATED AT 1201 BRICKELL BAY DRIVE, MIAMI, FLORIDA, TO CONSTRUCT TWO RESIDENTIAL TOWERS CONSISTING OF A TOTAL OF 787 UNITS, WHICH MAY INCLUDE MULTIFAMILY AND/OR APARTMENT HOTEL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 32,950 SQUARE FEET OF RETAIL SPACE, AND APPROXIMATELY 1,520 PARKING SPACES; TO REPLACE THE PREVIOUSLY APPROVED DEVELOPMENT PLAN AS PROVIDED ON EXHIBITS "A" AND "C," ATTACHED HERETO; PROVIDING FOR CERTAIN FLOOR AREA RATIO (" FAR") BONUSES SPECIFIED IN EXHIBIT "C," HEREIN; 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 April 28, 1998, the City Commission approved Resolution No. 98-450, which approved a Master Development Program for the property located 1201 Brickell Bay Drive, Miami, Florida; and WHEREAS, on January 12, 2004, Vicky Garcia -Toledo, on behalf of Tibor Hollo, Member, Excel.com LLC, (referred to as "APPLICANT"), submitted a complete Application to a Substantial Modification of the previously approved Major Use Special Permit for the Villa Magna (f.k.a. Bayshore Palms MUSP Phase II) (referred to as "PROJECT") pursuant to Articles 5, 9, 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 modification to construct two residential towers consisting of approximately 909 multifamily units, 209 apartment hotel units with recreational amenities, approximately 32,950 square feet of retail space, and approximately 1,520 parking spaces; and providing certain Floor Area Ratio ("FAR") bonuses specified in "Exhibit C," as amended by this Resolution to reduce the overall number of units from 1118 to 787 for the project to be located on as legally described in "Exhibit B," attached and incorporated herein; 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 Development Review Board met on December 17, 2003, to consider the proposed project and recommended approval of the Substantial Modification of a Major Use Special Permit with the following conditions; Awning cover the sidewalk at a reasonable length; Materials be submitted; Brickell Bay Drive facade to be articulated as in the sketches presented to the UDRB; and City of Miami Page 1 of 4 File Id: 04-00460 (Version: 4) Printed On: 10/14/2016 File Number: 04-00460 Enactment Number: R-04-0717 WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 21, 2004, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 44-04 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of the Substantial Modification of a Major Use Special Permit Development Order as attached and incorporated, subject to the addition of 60 parking spaces; and WHEREAS, the Historical and Environmental Protection Board Applicant met on July 20, 2004, to consider the Archeological Management Plan for the proposed project and recommended (HEPB 2004-63) to the City Commission, approval of a Certificate of Appropriateness subject to the following conditions during the development process: archeological monitoring during ground disturbing activity shall be provided by the Archeological and Historical Conservancy, Inc. in accordance with their management plan; the City Archeologist will be notified prior to construction activities and in the event of a significant discovery, as per the management plan submitted; a final report shall be submitted to the City Archeologist documenting the results of this investigation; 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 1201 Brickell Bay Drive, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two residential towers consisting of a total of 787 units, which may include multi -family and/or apartment hotel units with recreational amenities, approximately 32,950 square feet of retail space, and approximately 1,520 parking spaces as provided on Exhibits "A and "C," attached hereto as amended by this Resolution to reduce the overall number of units from 1118 to 787. This will replace the previously approved development Plan. The FAR bonuses specified in "Exhibit C," are approved. 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. City of Miami Page 2 of 4 File Id: 04-00460 (Version: 4) Printed On: 10/14/2016 File Number: 04-00460 Enactment Number: R-04-0717 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 $602,766,932, and to employ approximately 1,120 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 115 permanent new jobs. The PROJECT will generate approximately $2,762,888 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 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 employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this City of Miami Page 3 of 4 File Id: 04-00460 (Version: 4) Printed On: 10/14/2016 File Number: 04-00460 Enactment Number: R-04-0717 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 12, 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} 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: 04-00460 (Version: 4) Printed On: 10/14/2016