HomeMy WebLinkAboutR-04-0804City of Miami
Legislation
Resolution: R-04-0804
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00927 Final Action Date: 12/9/2004
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
URBANEA PROJECT, TO BE LOCATED AT APPROXIMATELY 1501-21
SOUTHWEST 37TH AVENUE, 3686-88 SOUTHWEST 15TH STREET, AND
3685-87 SOUTHWEST 16TH STREET, MIAMI, FLORIDA, TO CONSTRUCTA
150-FOOT, 14-STORY HIGH MIXED -USE STRUCTURE CONSISTING OF
APPROXIMATELY 100 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES, APPROXIMATELY 6,500 SQ. FT. OF RETAIL, AND
APPROXIMATELY 197 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 June 7, 2004, Adrienne F. Pardo, on behalf of Strategic Properties Group, Inc.
contract purchaser, et al., (referred to as "APPLICANT"), submitted a complete Application for Major
Use Special Permit for the Urbanea Project (referred to as "PROJECT") pursuant to Articles 5, 9, 13
and 17 of Zoning Ordinance No. 11000, for the property located at approximately 1501-21 SW 37th
Avenue, 3686-88 SW 15th Street, and 3685-87 SW 16th Street, 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 March 23, 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 Design Review Board met on May 19, 2004, to consider the proposed
project and recommended approval; and
WHEREAS, the Miami Zoning Board, at its meeting of July 26, 2004, Item No. 2, following an
advertised hearing, adopted Resolution No. ZB 2004-0908, by vote of nine to zero (9-0),
RECOMMENDING APPROVAL of a change of zoning classification from "R-2" Two -Family
Residential to "C-1" Restricted Commercial, requiring City Commission approval, as hereinafter set
forth; and
WHEREAS, the Miami Zoning Board at its meeting on July 26, 2004, Item No. 3, adopted
City of Miami
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File Number: 04-00927 Enactment Number: R-04-0804
Resolution No. 2004-0910 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of a
variance requiring City Commission approval as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 22, 2004, Item No.
4, following an advertised public hearing, adopted Resolution No. PAB-106-04, by a vote of three to
five (3 to 5), RECOMMENDING DENIAL to amend Ordinance No. 10544 as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on September 22, 2004 Item No.
5, following an advertised public hearing, adopted Resolution No. PAB 107-04 by a vote of seven to
one (7-1), RECOMMENDING APPROVAL with conditions 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 1501-
21 SW 37th Avenue, 3686-88 SW 15th Street, and 3685-87 SW 16th Street, Miami, Florida, more
particularly described on "Exhibit B," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a 150-foot, 14-story high mixed -use
structure consisting of approximately) 100 total multifamily residential units with recreational
amenities, approximately 6,500 square feet of retail, and approximately 197 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 C-1 "Restricted Commercial" and R-2 "Two -Family
Residential" Zoning classifications 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 $16,900,000, and to employ approximately
147 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
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creation of approximately 22 permanent new jobs. The PROJECT will generate approximately
$195,616 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 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 June 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}
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File Number: 04-00927 Enactment Number: R-04-0804
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.
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