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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00082
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE SILVERTON PROJECT, TO BE LOCATED AT APPROXIMATELY 300,
324, 326, 338, 342 AND 344 NORTHWEST 36TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT A 113-FOOT, 10-STORY HIGH MIXED -USE STRUCTURE
CONSISTING OF APPROXIMATELY 112 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES, APPROXIMATELY 9,456 SQUARE
FEET OF RETAIL SPACE, AND APPROXIMATELY 250 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 November 8, 2004, Gilberto Pastoriza, Esq., on behalf of Urban Builders, LLC
(referred to as "APPLICANT") submitted a complete Application for Major Use Special Permit for
Silverton (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No.11000,
for the property located at approximately 300, 324, 326, 338, 342 and 344 NW 36th 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 July 13, 2004 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on July 21, 2004, to consider the proposed
project and recommended approval with conditions as specified on the Development Order; and
WHEREAS, the Miami Zoning Board, at its meeting on December 13, 2004, Item No. 6, following
an advertised hearing, adopted Resolution No. ZB 2004-0955, by a vote of eight to zero (8-0),
RECOMMENDING APPROVAL with conditions of a special exception, as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 19, 2005 Item No.
6, following an advertised public hearing, adopted Resolution No. PAB 07-05 by a vote of seven to
zero (7-0), RECOMMENDING APPROVAL with conditions as presented in 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
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File Number. 05-00082
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 300,
324, 326, 338, 342 and 344 NW 36th Street, Miami, Florida, more particularly described on "Exhibit B,"
attached and incorporated.
Section 3. The PROJECT is approved for the construction of a 113-foot, 10-story high mixed use
structure to be comprised of approximately 112 total multifamily residential units with recreational
amenities, approximately 9,456 square feet of retail space, and approximately 250 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-2 "Liberal Commercial" 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 $31,024,107, and to employ approximately
74 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 10 permanent new jobs. The PROJECT will generate approximately
$160,522 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
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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 November 8,
2004, and on file with the Planning Department 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 Planning Director 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 Al!) 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}
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.
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