The URL can be used to link to this page

Home My WebLink AboutLegislationCity of Miami Legislation Resolution City Fail 3500 Pan American Drive Miami, FL 33133 www,ci.miamLfLus File Number: 04-01282 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. 03-1235 (THE FORMER MIAMI RIVER VILLAGE), PURSUANT ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR THE RIVERFRONT EAST PROJECT, TO BE LOCATED AT APPROXIMATELY 300, 350 AND 400 SOUTH MIAMI AVENUE AND 15, 24, 25 AND 39 SOUTHWEST 4TH STREET, MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL APPLICATION: INCREASE THE NUMBER OF RESIDENTIAL UNITS FROM 1,304 TO APPROXIMATELY 1, 424 UNITS; AND DECREASING THE NON-RESIDENTIAL USES FROM 101,157 SQUARE FEET TO APPROXIMATELY 94,794 SQUARE FEET. THE PROJECT WILL NOW CONSIST OF THREE MIXED -USE STRUCTURES VARYING IN HEIGHT AS SPECIFIED HEREIN TO BE COMPRISED OF APPROXIMATELY 1, 424 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 41,994 SQUARE FEET OF RETAIL SPACE, APPROXIMATELY 52,800 SQUARE FEET OF OFFICE SPACE, AND APPROXIMATELY 1,671 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 December 18, 2003, the City Commission approved Resolution No. 03-1235, which approved a Master Development Program for the project formerly known as Miami River Village located at approximately 300, 312, 316, 330, 340, 350 South Miami Avenue, 18, 30, 40, 44, 50, 62, Southwest 3rd Street, and 15, 24, 25, and 39 Southwest 4th Street, Miami, Florida; and WHEREAS, on October 6, 2004, A. Vicky Garcia -Toledo, Esquire, P.A., on behalf of Neo Epoch 1 Ltd. and Downtown River Village, LLC (referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a Major Use Special Permit for Riverfront East (referred to as "PROJECT") pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 11000, for the property located at approximately 300, 350 and 400 South Miami Avenue, and 15, 24, 25, and 39 SW 4th Street, Miami, Florida, as legally described in "Exhibit B", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Substantial Modification to 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 July 27, 2004 to consider the proposed project and offer its input; and WHEREAS, the Urban Design Review Board met on September 15, 2004, to consider the City of Miami Page 1 of 4 Printed On: 11/17/2004 File Number: 04-01282 proposed project and recommended approval with conditions as specified on the Development Order; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 3, 2004 Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 127-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL with conditions of the Substantial Modification to 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 to 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, 350 and 400 South Miami Avenue, and 15, 24, 25, and 39 SW 4th Street, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of three mixed use structures varying in height from 498 to 602 feet and to be comprised of approximately 1,424 total multifamily residential units with recreational amenities (increased from 1,304 residential units), approximately 52,800 square feet of office space, approximately 41,994 square feet of retail space, and approximately 1,671 total parking spaces. The PROJECT is decreasing non-residential uses from 101,157 square feet to approximately 94,794 square feet. 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-6 "Central Commercial 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 $460,000,000; the PROJECT will also result in the creation of approximately 336 permanent new jobs. The PROJECT will generate approximately $4,742,116 annually in tax revenues to the City (2004 dollars). City of Miami Page 2 of 4 Printed On: 11/17/2094 File Number: 04-01282 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; (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 a 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 October 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: I UI7/2QD4 File Number: 04-01282 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: 11/16/2004