HomeMy WebLinkAboutR-05-0070City of Miami
Legislation
Resolution: R-05-0070
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01177 Final Action Date: 1/27/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT, RESOLUTION NO. 02-1065, PURSUANT TO ARTICLES 5,
9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE
SOUTH BAYSHORE TOWER PROJECT LOCATED AT APPROXIMATELY 1300
BRICKELL BAY DRIVE, 1390 BRICKELL BAY DRIVE, 183 SOUTHEAST 14TH
STREET, 171 SOUTHEAST 14TH STREET, AND 180 SOUTHEAST 13TH STREET,
MIAMI, FLORIDA, TO ALLOW THE FOLLOWING CHANGES TO THE ORIGINAL
APPLICATION: THE ADDITION OF 0.19 ACRES OF LAND WHICH IS ADJACENT
TO THE APPROVED MUSP PROPERTY; INCREASED THE NUMBER OF
RESIDENTIAL UNITS FROM 347 TO APPROXIMATELY 364 UNITS; DECREASED
THE NUMBER OF PARKING SPACES FROM 516 TO APPROXIMATELY 501
SPACES; INCREASED THE FLOOR AREA FROM APPROXIMATELY 338,809
SQUARE FEET TO APPROXIMATELY 447,989 SQUARE FEET; AND
APPROXIMATELY 10,000 SQUARE FEET OF RETAIL; INCREASED THE BULDING
HEIGHT FROM 40 TO 47 STORIES; INCREASED THE RETAIL AREA FROM
APPROXIMATELY 11,902 SQUARE FEET TO APPROXIMATELY 21,388 SQUARE
FEET; REDUCTION OF THE PARKING PODIUM BY TWO FLOORS; APPROVAL
OF A CLASS II SPECIAL PERMIT FOR THE REDUCTION IN SIZE OF ONE
LOADING BAY FROM 12' X 55' TO 12' X 35'; EXTENSION OF THE MUSP
EXPIRATION DATE TO SEPTEMBER 26, 2006; 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 September 26, 2002, the City Commission approved Resolution No. 02-1065,
which approved a Master Development Program for the property located at approximately 1300
Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street, and 180 SE 13th
Street, Miami, Florida; and
WHEREAS, on August 6, 2004, Adrienne F. Pardo, on behalf of South Bayshore Tower, LLLP,
(referred to as "APPLICANT"), submitted a complete application to a Substantial Modification of the
previously approved Major Use Special Permit for the South Bayshore Tower project (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 allow the following changes
to the original application: The addition of 0.19 acres of land which is adjacent to the approved MUSP
property; A setback variance on SE 13th Street by providing 8'-8" instead of the required 15 feet;
Increased the number of residential units from 347 to approximately 364 units; Decreased the number
of parking spaces from 516 to approximately 501 spaces; Increased the floor area from 338,809
square feet to approximately 447,989 square feet by adding 27 residential units and approximately
10,000 square feet of retail; Increased the building height from 40 to 47 stories; Increased the retail
from area from approximately 11,902 square feet to approximately 21,388 square feet; Reduction of
City of Miami
Page 1 of 4 File Id: 04-01177 (Version: 2) Printed On: 10/25/2016
File Number: 04-01177 Enactment Number: R-05-0070
the parking podium by two floors; Approval of a Class II Special Permit for the reduction in size of one
loading bay from 12' x 55' to 12' x 35'; Extension of the MUSP expiration date to September 26, 2006;
and for the PROJECT to comprised of a 477-foot, 47-story residential/mixed use complex, with
approximately 364 units with accessory recreational uses, approximately 21,388 square feet of retail
space and approximately 501 parking spaces; 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, A development bonus to permit 12,625 square feet of floor area to be paid to the
Affordable Housing Trust Fund at an amount of $12.40 per square foot = $156,550.00; and
WHEREAS, the Urban Design Review Board met on July 21, 2004, to consider the proposed
project and recommended approval with conditions as specified in the Development Order; and
WHEREAS, the Miami Zoning Board, at its meeting on September 13, 2004, Item No. 12,
following an advertised public hearing, adopted Resolution 2004-0923, by a vote of eight to one (8-1),
RECOMMENDING DENIAL of a variance requiring City Commission approval, as hereinafter set forth;
and
WHEREAS, at the Miami Planning Advisory Board meeting of October 6, 2004, the applicant
withdrew the request for the Side Setback Variance; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on October 6, 2004, Item No. 2,
following an advertised public hearing, adopted Resolution No. PAB 110-04 by a vote of eight to zero
(8-0), RECOMMENDING APPROVAL with conditions of the Substantial Modification 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 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, to be comprised of a 477-foot, 47-story residential/mixed use complex, with
approximately 364 units with accessory recreational uses, approximately 21,388 square feet of retail
space and approximately 501 parking spaces, to be located at approximately 1300 Brickell Bay Drive,
1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street, and 180 SE 13th Street, Miami,
Florida, more particularly described on "Exhibit B," attached and incorporated.
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Section 3. The modified PROJECT is hereby approved for the addition of 0.19 acres of land
which is adjacent to the approved MUSP property which will allow for an increased floor area to
approximately 447,989 square feet, providing approximately 21,388 square feet of retail space,
providing approximately 364 residential units, and providing approximately 501 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 $102,873,438 and to employ approximately
280 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 28 permanent new jobs. The PROJECT will generate approximately
$581,351 annually in tax revenues to the City (2002 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 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
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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.
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