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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00723
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE
OPUS PROJECT, TO BE LOCATED AT APPROXIMATELY 1237 BISCAYNE
BOULEVARD, 324 AND 444 NORTHEAST 13TH STREET, MIAMI, FLORIDA, TO
CONSTRUCT A
57-STORY MIXED -USE STRUCTURE CONSISTING OF 408 TOTAL
MULTIFAMILY RESIDENTIAL UNITS, APPROXIMATELY 17,160 SQUARE FEET
OF RETAIL/OFFICE USE, AND 570 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 May 7, 2004, Lucia Dougherty, on behalf of 1237 Biscayne Development Group,
LLC, contract purchaser and 1237 Biscayne Boulevard, LLC, owner, referred to as "APPLICANT'),
submitted a complete Application for Major Use Special Permit for the Opus Project (referred to as "
PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located
at approximately 1237 Biscayne Boulevard, 324 and 444 NE 13th 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 April 20, 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 April 21, 2004, to consider the proposed
project and recommended approval with the following condition: Retain the media display/artwall
providing that no commercial content is displayed; and
WHEREAS, the Miami Zoning Board at its meeting of June 28, 2004, Item No. 4, adopted
Resolution No. ZB 2004-0892 by a vote of eight to zero (8-0), to GRANTED the special exception as
hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 16, 2004 Item No. 9,
following an advertised public hearing, adopted Resolution No. PAB 81-04 by a vote of six to zero
(6-0), RECOMMENDING APPROVAL WITH CONDITIONS of the Major Use Special Permit
City of Miami Page 1 of 3 Printed On: 10/7/2004
File Number: 04-00723
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 1237
Biscayne Boulevard, 324 and 444 NE 13th Street, Miami, Florida, more particularly described on
"Exhibit B," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a 57-story mixed use structure
consisting of 408 total multifamily residential units, approximately 17,160 square feet of retail/office
use, and 570 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
1989-2000, as amended.
b. The PROJECT is in accord with the SD-6 "Central Commercial Residential" 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 $189,646,964, and to employ approximately
272 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 32 permanent new jobs. The PROJECT will generate approximately
$992,042 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;
City of Miami
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File Number: 04-00723
(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 May 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}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
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
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