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HomeMy WebLinkAboutOLD LegislationCity of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fi.us File Number: 04-00720 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE OCEAN PALACE PROJECT, TO BE LOCATED AT APPROXIMATELY 850 NORTHWEST LE JEUNE ROAD, MIAMI, FLORIDA, TO BE COMPRISED OF A FIVE -STORY, MIXED -USE STRUCTURE, WITH 400 TOTAL MULTIFAMILY RESIDENITAL UNITS WITH RECREATIONAL FACILITIES, 8,600 SQURARE FEET OF GROUND LEVEL, RETAIL SPACE AND APPROXIMATELY 809 TOTAL UNDERGROUND 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 April 6, 2004, Gilberto Pastoriza, Esq., on behalf of Century Homebuilders of South Florida, LLC, referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for the Ocean Palace Project (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 850 NW Le Jeune Road, 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 December 22, 2003 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 March 17, 2004, to consider the proposed project and recommended denial; and WHEREAS, the Miami Zoning Board at its meeting of May 10, Item No. 7, adopted Resolution No. ZB 2004-0868 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL WITH CONDITIONS of a special exception as follows: 1. The approval of this Major Use Special Permit shall be subject to the recordation of the following documents prior to the issuance of shell permit for the proposed project: Unity of Title or covenant in lieu thereof providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. Development Order specifying that the Development Order runs with the land and is binding on the City of Miami Page 1 of 4 Printed On: 6/30/2004 File Number: 04-00720 Applicant, it successors and assigns, jointly or severally_ 2. The applicant shall submit a parking plan for construction employees and temporary parking arrangements for the existing building while under construction; said parking plan shall be subject to review and approval by the of Planning Department prior to the issuance of any building permits. 3. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works and the Planning Departments. This approval shall also be subject to all additional conditions specified in the Final Development Order for the project; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 16, 2004 Item No. 6, following an advertised public hearing, adopted Resolution No. PAB 78-04 by a vote of seven to zero (7-0), RECOMMENDING DENIAL 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 ofthe 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 850 NW Le Jeune Road, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of a five -story mixed use structure, with 400 total multifamily residential units with recreational facilities, 8,600 square feet of ground level retail space, and approximately 809 total underground 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 1989-2000, as amended. b. The PROJECT is in accord with the C-2 (General 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 $100,134,689, and to employ approximately 118 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the City of Miami Page 2 of 4 Printed On: 6/30/2004 File Number: 04-00720 creation of approximately 15 permanent new jobs. The PROJECT will generate approximately $523,480 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 April 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 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} City of Miami Page 3 of 4 Printed On: 6/30/2004 File Number: 04-00720 APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO 1� 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: 6/30/2004