HomeMy WebLinkAboutR-01-0788J-01-543
07/26/01 01- r188
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
PURSUANT TO ARTICLES 17 AND 22 OF ZONING
ORDINANCE NO. 1.1000, WITF ATTACHMENTS,
APPROVING WJ'.I'H CONDITIONS, A MODIFICATION 'rO
TIIE MAJOR USE SPECIAL PERMIT FOR THE MIAMI
STADIUM APARTMENTS P'ROJEC'T, TO RE, LOCATED AT
APPROXIMATELY 2301 NTW 10"" AVFNUE, MIAMI,
FLORIDA; APPROVED 3Y THE CITY COMM1'SSION ON
FEBRUARY 1-/, 2000, I'�'RSUANT TO RESOLUTION
NO. 00-189, TO MODI i Y ;5A 1' D DEV E' T..OPMENT ORDER
BY MOD.T.?;'YING THE UNT'F MTX ASID APPROVING SLIGHT
MODIFJ-CATIO:,jjS 1N, THE F0-;T1;R--NT TO ACCOMMODATE
THE CHANGES; ALSO BY EL: MINATING CONDI'T'ION NO.
12 AS Rr DJ-%JDANT DUE TO OTHER STATUTORY
REQUIREMENTS; DIRECTING TRANSMITTAL OF TIDE
HEREJ'N RESOLUTION; MAKING FIND NGS OF' FACT AND
S1.'ATING CONCT,USIONS OF T,AN; PROVIDING FOR
BINDING EFFECT; CONTAINIL'NG A 3EVERABILITY
CLAUSE AND P.ROV:CDINC; FOR AN FFi'ECTTVE DATE.
WHEREAS, on Jul.v 10, 2001, Sty. Martin Affordable Housing,
Ltd., "APPLICANT", submitted a letter reque-sting a nonsubstantia..1
modification to the previously approved Major Use Special Permit
for the Miami Stadium Apartment:3 'Y.'O-j eCt- ("PROJECT") pursuant to
Articles 17 and 22 of Zoning ()rd.inance No. 11000 the Zoning
Ordinance of the City Of M-Lami, Florida, as amended, (the "Zoning
ATTACHMI;'jT
Crff coroolow
A&MMO or
J U L 2 6 2001
mobaki" A60.
Of- 788
Ordinance No. 1100011); and
WHEREAS, on July 16, 2001, the Zoning Administrator of the
City of Miami determined that the requested modification to the
proposed development program constituted a substantial
modification to the previously approved Major Use Special. Permit;
and
WHEREAS, pursuant to Ar-cicle 1! of Zoning Ordinance
No. 11000, the proposed modification to the Major Use Special
Permit requires review by the Planning Advisory Board and the
City Commission; and
WHEREAS, the Planning Advisory Board, at its meeting of July
1.8, 2001, Plublic Meeting Item, No. 1., adopted Resolution No. PAB
65-01, by a vote of eight to zero (8 to 0) RECOMMENDING APPROVAL
WITH CONDITIONS of a substantial modification to the previously
approved Major Use Special Permit Development order; 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 TT 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.
0 ." 7. 00
Page 2 of 8
Section 2. The Major Use Special Permit Development
Order for the PROJECT to be developed by APPLICANT, at
approximately 2301 NW 10" Avenue, Miami, Florida, attached
hereto as "Exhibit A" and made a part hereof., is amended to
reflect the requested modifications, subject to the remaining
conditions, as specified in said Development order, remaining in
full force and effect.
Section 3. The modified PROJECT is approved for the
construction of up to approximately 336 residential units, with
accessory recreational space, and 48-G 502 parking spaces.
Section 4. The approved Major Use Special Permit for the
PROJECT also encompasses the lower ranking Special Permits as set
forth in the Development. Order, attached as "Exhibit A" hereto
and incorporated herein.
Section 5. The -indings of fact set forth below are
hereby made with respect to the modifications to subject PROJECT:
a. The modified PROJECT is in conformity with the
adopted Miami Comprehensive Neighborhood Plan
1989-2000, as amended.
b. The modified PROJECT is in accord with the R-3
Zoning classification of Zoning Ordinance
No. 11000, the Zoning Ordinance of the City of
Miami, Florida, as amended.
C. Pursuant to Section 13o'i of the Zoning Ordinance
of the City of Miami, Florida, the specific site
Page 3 of 8
788 8
p'.an 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
$25.5 million, and Lo employ approximately 30
workers during construction (FTE); the PROJECT
will also resuiL in Lhe creation of approximately
5 permanent new jobs. The PROJECT will generate
approximately $216,750 annually in tax revenues to
local units of government (1999 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 f•acil.i.ti.es;
(3) any potentially adverse effects of the
PROJECT will be mitigated through compliance
with the conditions of this Major Use Special
Permit;
Page 4 of 8_
(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 frorri 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.
Page 5 of 8
Section 6. The Major Use Special Permit, as approved and
amended, shall. be binding upon the APPLICANTS and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on January 7, 2000, as amended, and which is
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 made a part hereof by reference.
Section a. 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 developers: St.
Martin Corp., 5709 NW 153 St., Miami Lakes, FL 33014.
Section 9. The Findings of Fact and Conclusions of Law
are made with respect to the PROJECT as described in the
Development Order for the PROJHCT, which is attached hereto as
"Exhibit All and made a part hereof by reference.
Section 10. The Major Use Special Permit Development
Order. for the Project ("Exhibit "A") is amended.
Section 11. In the evens: zhat any portion or section of
this Resolution or of the modified 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 oi: Develooment Order ("Exhibit A") which shall
remain in full force and effect.
Page 6 of 8 of- 788
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 herein Resolution.
Section 13.
This Major Use
Special Permit, as
approved,
shall expire r-wo
(2) years from its commencement and
operative
date.
Section 14, This Resolution shall become effective
immediately upon its adoption and signature of. the Mayor Y
If the Mayor does not si-91this Resolution, it shall. become effective at
the end of ten calendar days from tine dale it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override o: the veto by the city commission.
Page 7 of 8 U �� �
PASSED AND ADOPTED this 26th day of � July 2001.
JOE CAROLLO, MAYOR,
in accordance with Miami Code See. 2-36, eince the Mayor did not indicate approval of
thio I -islation by signing it in the designated place provided, said Iegisarxtion now
bocome;s effective with the elapse of ten (10) s fro date of fission action
ATTEST regarding same, without the Mayor ex i e
W JJP15emdn, CRY Clerk
WALTER J. FOEMAN
CITY CLERIC
APPROV ir TO F50 `AND CORRECTNESS-,
D ILARE'LLO
Y ATTORNEY
7�
W5.5 1,
Page 8 of 8
"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
MIAMI STADIUM APARTMENTS PROJECT
MAJOR USE SPECIAL PERMIT
MODIFIED DEVELOPMENT ORDER:='
Let it be known that pursuant to Articles 13 and 17 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, (the "Zoning Ordinance Aro. ].100011) the Commission of the
City of Miami, Florida, has considered in a public hearing, the
issuance of a Major. Use Special Permit for the Miami Stadium
Apartments Project (hereinafter referred to as the "PROJECT") to
be located at approximately 2303. NW 10th Avenue, Miami, Florida,
as described on "Exhibit B" attached hereto.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed development with the Miami comprenensive
Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use
Special Permit and issues this Permit:
Y Words and/or figures stricken through shall be dol.oted.. Underscored
words and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Asterisks indi.catc omitted and
unchanged material.
Page 1 of 9 Olt— r 8 8
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FIND1NGS CI" FAC" i'
PROJECT DESCRIPTION:
The proposed Miami Stadium Apartments Project is a
residential development :o he located at approximately 2301 NW
10`x' Avenue, Miami, Florida; ("PROJECT") The PROJECT is located
on a gross lot area of approximately 12.1 acres and a net lot
area of approximately 11.06 acres of land (more specifically
described on "Exhibit 13", incorporated herein by reference). The
remainder of the PROJECT's VITAL DA'T'A is attached hereto as
"EXHIBIT C", and incorporated herein by reference as amended by
"EXHIBIT D", also attached hereto and incorporated herein
reference.
The proposed PROJECT, as modified, will consist of no more than
336 residential units with accessory recreational space. The
PROJECT will also provide a total of 480 502 parking spaces.
The ownership, operation and maintenance of common areas and
facilities will be by the property owner or (in the case of the
property being converted to condominiums) a mandatory property
owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Per_miL Application for the Miami
Stadium Apart.ments Project also encompasses the following lower
ranking Special Permits and Variance:
Page 2 of 9
•
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for
active recreational facilities (including a swimming pool);
CLASS I SPECIAI, PERMIT to permit staging and parking during
construction (to be approved prior to obtaining a building
permit from Planning);
CLASS I SPECIAL PERMIT for DeveloprnenL Signs when combined
with construction signs;
CLASS I SPECIAL PERMIT as per Article 6, Section 607.3.1 for
a temporary construction fence;
CLASS I SPI CIAT. PERMIT as per. Article 6, Section 607.3.1 for
a temporary construction trailer; and
Class II Special Permit for reduction of loading berths.
Pursuant to Articles 13 and 17 of Zoning ordinance
No. 11000, approval of Lhe requeot--ed Major Use Special Permit
shall be considered sufficient Lor the subordinate permits
requested and referenced above as well as any other special
approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Albaisa
Architects, dated December of 1.999, zs modified.in July, 2001;
the landscape plan shall be implemented substantially in
Mage 3 of 9 r -J
•
0
accordance with plans and design schematics on file prepared by
Alex Knight, dated December of 1999, as modified i_n July, 2001;
said design and landscape plans may be permitted to be modified
only to the extent necessary to comply with the conditions for
approval imposed herein; all modifications shall be subject to
the review and approval of the Director of the Planning
Department prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the R-3 Zoning
District, as contained in Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
The existing cornprchons i ve plan f_,. cure 'land use designation
on the subject property, allows the proposed residential use and
density.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ARTY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other. laws.
2. Pay all applicable fees due prior to the issuance of a
building permit.
3. Allow the Miami Police Department to conduct a security
survey, at the option of the Department, and to make
Page 4 of 9 "' 788
88
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Development, prior to commencement of construction,
demonstrating how the Police Department- recommendations, if
any, have been incorporated into the PROJECT security and
construction_ plans, or demonsrrzte to the Planning Director
why such recommendations are impractical.
4. Get approval from, or Provide a letter from the Department of
Fire -Rescue indicating APPLICANZ"S coordination with members
of the Fire Plan Review Section at the Department of Fire -
Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review
procedures, as well as specific requirements for fire
protection and life safety systems, exiting, vehicular access
and water supply.
5. Get approval from, or provide a letter of assurance from the
Solid Waste Department that the -PROJECT has addressed all
concerns of the said DeparLinent prior to the obtainment of a
shell permit.
6, Prepare a Minority Participation and Employment Plan
(including a Contractor/ Subcontractor Participation plan) to
be submitted to rhe City's Director of Equal Employment
Opportunity for review and comments, with the understanding
that the City's Minority/Women Business Affairs and
Page 5 of 9
•
Procurement Ordinance No. 10538 is a guide that the APPLICANT
must use its best efforts to follow.
7. Record the following the Public Records of Dade County,
Florida, prior to the obtainment oz a shell permit: 7.) a
Declaration of Covenants and Restrictions 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; 2) a certified copy
of the development order specifying that the Development Order
runs with the land and is binding on the APPLICANT, its
successors, and assigns, jointly cr severally.
8. Prior to the obtainment of a shell permit, demonstrate to the
City that the PROJECT has either: 1) completed its condominium
requirements and has been approved for such by the State of
Florida; or 2) provide_ the City with an executed, recordable
unity of
title or covenant
in -:Lieu of unity
of title agreement
for the
subject property;
said agreement
shall be subject to
the review and approval of the City Attorney's Office.
9. Provide the Public works Department of the City of Miami with
plans for proposed sidewalk and swale area improvements for
their review and approval prior to he issuance of a building
permit.
10. The property shall be repl.atted prior to the issuance of a
building permit.
Page 6 of 9 011— 7188
0 •
11. Provide the Planning and Zoning Department with a temporary
parking plan which. addresses: (a) construction of employee
parkin and its compulsory use b� APP.LICANT'S embees during
the construction period; (b) a mechanism for requiring.
APPLICANT'S emploT�ees to_ utilize the temporary parking,
including enforcement provisions and penalties for violation
thereof; said plan shall be subject to the review and approval
by the Planning Department prior to the issuance of any
building permits.
1-2—Pursuant -t-e the i rrd ng s— y -fie__ P '-nF}--ad---Zeno �
t me 4- 4- h e--} cr-� c v i l..'..--h&ve-a iz—d-.e r s e e f feet an
pi�--tJes that ,gay-�i� e3ickil�le for-ehe Nat �
r --r-=
Ha t-63�re-d-due-t- - he -use e=- edema funds--€er the
pie 7-e e t, e FAplianee-All i-t-k-G-ec�� 3436- f t he Na E iena-1-rist-e r i e
as aft!ded-i- - i n —� e ti;
prejeee h -a7 -net--be---aper o arcs --en- - file h , a rhm
anew --Eel- FRedifreiii --�Te-See-tien-1-"-
THE CITY SHALL:
Establish the operative date: of this Permit as being
thirty (30) days from the date of its issuance; the issuance
date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
Page 7 of 9 01- 7 8
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the
Miami Comprehensive _Neighborhood Plan 1989-2000, is consistent
with the orderly development and goals of the City of Miami, and
complies with local land development regulations and further,
pursuant to Section 1703 of Zoning Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the economy-
of
conomyof the City; and
(2) the PROJECT will efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to their
places of employment.; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and. natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special.
Permit.
Page 8 of 9
The proposed developmc= does not unreasonably interfere
with the achievement• of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 11000, the
specific site plan aspects of the PROJECT i.e., ingress and
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
potentially adverse effects generally have been considered and
will. be further considered administra*ivel.y during the process of
issuing individual building permits and certificates of
occupancy.
Page 9 of 9 — '�
9 0
PLANNING FACT SHEET
APPLICANT
St. Martin Corp.
HEARING DATE
July 18, 2001
REQUESTILOCATION
Consideration of a modification to a Major Use Special Permit for
the Miami Stadium Apartments Project located at 2301 NW 10u'
Avenue.
LEGAL DESCRIPTION
Complete legal description on file with the Hearing Boards Office.
PETITION
Consideration of approving a substantial modification to a Major
Use Special Permit for the Miami Stadium Apartments Project
located at 2301 NW 10"' Avenue in order to allow a Residential
Development consisting of 336 residential units (with accessory
recreational uses), and 502 parking spaces, as modified to allow
a unit mix modification and eliminate a redundant condition.
PLANNING Approval with conditions.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval VOTE: 8-0
CITY COMMISSION N/A
APPLICATION NUMBER 2001-044 Item 01
Public Meeting
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Analysis for Modification to Major Use Special Permit for the
MIAMI STADIUM APARTMENTS PROJECT
located,at
2301 NW 10TH Avenue
CASE NO. 2001-044
Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, the subject proposal for the Miami Stadium Apartments Project has been
reviewed to allow a Modification to the Major Use Special Permit.
This original Permit also included the following requests:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6 for active
recreational facilities (including a swimming pool);
CLASS I SPECIAL PERMIT to permit staging and parking during construction
(to be approved prior to obtaining a building permit from Planning);
CLASS I SPECIAL PERMUT for Development Signs when combined with
construction signs;
CLASS I SPECIAL PERMIT fora temporary construction fence;
CLASS I SPECIAL PERMIT for a temporary construction trailer; and
141
CLASS II Special Permit for reduction of loading berths
4.c
Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, 'approval of the
requested Major Use Special Permit shall be considered sufficient for the subordinate
permits requested and referenced above as well as any other special approvals required by
the City which may be required to carry out the requested plans. .
The requested Special Permit is for the purpose of allowing a residential development.
The project consists of a total of 336 residential units, with accessory recreational spaces
and 480 502 parking spaces, for the property located at approximately 2301 NW 1011
Avenue within the Allapattah area (see attached legal description, location maps and
aerial photographs for exact property boundaries).
In determining the appropriateness of the proposed modification to the unit mix,
and therefore increase in footprints and additional parking, the following findings
have been made:
01— 788
• It is found that the proposed residential, development project will benefit the
Allapattah area by creating a new residential use to serve the area.
• It is found that the requested modification to the unit mix will provide more 3 -
bedroom units, which will better serve the need to establish new residential
opportunities for families.
• It is found than the increase in the number of parking spaces is required to meet the
parking requirements for the new unit mix.
• It is found that the elimination of condition number 12 will have no adverse impacts
in that said condition is redundant and must be met prior to disbursement of federal
funds anyway.
• It is found that with respect to all additional criteria as specified in Section 1305 of
Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate.
Based on these findings, the Department of Planning and Zoning is recommending
approval of the requested Development Project with the following condition:
1. The approval of this Major Use Special Permit modification shall be subject
to compliance with the remaining conditions as specified in the attached
Development Order.
ui- 788
•
RESOLUTION PAB -6.5-01
•
A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS AS
SPECIFIED BY STAFF, OF A CONSIDERATION OF APPROVING A
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
APPLICATION FOR THE MIAMI STADIUM APARTMENTS PROJECT,
LOCATED AT APPROXIMATELY 2301 NORTHWEST 10 AVENUE, IN
ORDER TO ALLOW A RESIDENTIAL DEVELOPMENT CONSISTING OF
336 RESIDENTIAL UNTTS WITH ACCESSORY RECREATIONAL USES
AND 502 PARKING SPACES, AS MODIFIED TO ALLOW A UNIT MIX
MODIFICATION AND ELIMINATE A REDUNDANT CONDITION.
HEARING DATE: July 18, 2001
PUBLIC MEETING ITEM NO. 1
VOTE: 8-0
ATTEST:
ela che• Director
g
Department
Ji- 788
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Lourdes Slazyk, July 16, 2001
Assistant Director
P ng and Zoning Department Determination of
/ Substantial Change
In an approved MUSP
Miami Stadium Apartments
tGc�°C 2301 NW 10 Avenue
duan C. Gonzalez,
/Acting Zoning Adminis for ,
Planning and Zoning D a t
Pursuant to a request from Paul Bilton, Project Manager for the Miami Stadium Apartments concerning a
determination of a substantial change from the approved MUSP, please be advised of the following.
On February 17, 2000, the City of Miami Commission passed and adopted Resolution 00-0189 approving a
Major Use Special Permit (MUSP) for Miami Stadium apartments.
The applicants are proposing a change to the MUSP by:
A) Converting several one bedroom units into three bedroom units;
B) Modifying the parking layout;
C) Changing the layout of the recreational area.
Review of the proposed changes indicates that except for the enlargement of the units, which is increasing
the footprint of the buildings, the proposed changes do not constitute a substantial change,
However, the enlargement of certain units which have been increased in footprint over the allowable ten
(10) feet in any horizontal direction does create a substantial change to the approved MUSP. The
conversion from one (1) bedroom to three (3) bedrooms has increased the building footprint in six (6) of
the buildings.
Section 2215.1 regulates whether changes to a Major Use Special Permit are non -substantial. The criteria
referenced are:
A) The requested change exceeds the zoning regulations;
B) The footprint of the building is proposed to be moved by more than ten (10) feet in
any horizontal direction;
C) The height of the building or any portion thereof is proposed to be increased by more
than (5) feet or five (5) percent of the height of the building; whichever is greater, in
a vertical direction;
D) Any other change which, in the evaluation of the zoning administrator, has not been
part of the prior application, has not been reviewed and evaluated by staff, and has a
serious effect on the project proposed by the application.
Therefore, after review of the proposed changes, it is my opinion that the modification in building footprint
does constitute a substantial change as defined and regulated under'Section 2215.1 of Zoning Ordinance 11000
as amended.
JCG: tc
Ce: Ana Gelabert-Sanchez, Director
Planning and Zoning Department
01- 788
S•tMartn Affordsbk Housing, ..
5709 NW 15e Street
Miami bakes, F133014
(305) 821-0330 Fax (305) .821-0402
July 10, 2001
Hand Delivered
City of Miami
Planning Department
444 SW 2"d Ave, 3`d Floor
Miami, Fl 33130
Attn.: Lourdes Slazyk, Assistant Director
Re: Miami Stadium Apartments -- Non -Substantial Modification to Site Plan
Dear Ana:
Please accept this application for approval of the enclosed site plan as a non -substantial
modification to the approved Major Use Special Permit.
The site plan remains essentially, the same; entrance, building configuration, streets and club
house have-not changed. Building design and height is the same, and the buildings are in the
same basic location with slightly larger footprints as a result of providing additional living
space for the tenants. We are providing twenty-two additional parking spaces, and while green
areas close to the club house are reduced accordingly, all common area elements are provided
as originally intended.
No variance requirement is created by the modification, and no change in use or other
significant change is proposed.
For your convenience, I have enclosed ledger size copies of the approved as well as the final
site plan. Also enclosed is the $3,000.00 application fee. Please call nye should you have any
questions.
Sincerely,
4._A,A
Paul Bilton
Project Manager
enclosures
Oi- 788
i •.
J-00-113
2/14/00
RESOLUTION NO. `
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVING WITH CONDITIONS AS
SPECIFIED BY STAFF, A MAJOR USE SPECIAL PERMIT
PURSUANT TO ARTICLES 13 AND 17 OF ZONING
ORDINANCE NO. 11000, FOR THE MIAMI STADIUM
APARTMENTS PROJECT, TO BE LOCATED AT
APPROXIMATELY 2301 NORTHWEST 1OT" AVENUE,
MIAMI, FLORIDA, AND TO BE COMPRISED OF NOT
MORE THAN 336 RESIDENTIAL UNITS, WITH
ACCESSORY RECREATIONAL SPACE, AND 480 PARKING
SPACES; DIRECTING TRANSMITTAL OF THE HEREIN
RESOLUTION; 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 January 7, 2000, the applicant, St. Martin Corp.
(hereinafter referred to as "APPLICANT"), submitted a complete
Application for Major Use Special Permit for the Miami Stadium
Apartments Project (hereinafter referred to as "PROJECT")
pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for
the property located at approximately 2301 Northwest 10" Avenue,
Miami, Florida, as legally described in "Exhibit B", attached
hereto and in "Exhibit A", the Development Order attached hereto;
and
WHEREAS, development of the PROJECT requires the issuance of
a Major Use Special Permit pursuant to Article 17 of Zoning
�72
O1.. 788
CITY CO1r CBEON
MEETING OF.
FEES 17 2000
i
•
Ordinance No. 1100D, the Zoning Ordinance of the City o= Priam:
Florida, as amended;. and
WHEREAS, the Large Scale Development Committee met or_
March 22, 1999, to consider the proposed PROJECT and offer ics
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
WHEREAS, the Urban Development Review Board met
on November 10, 1999, to consider the proposed PROJECT and
recommended approval of the PROJECT; and
WHEREAS, the PROJECT was reviewed by the City of Miami
Preservation Officer and the PROJECT will have an adverse effect
on properties that may be eligible for the National Register of
Historic Places; and, due to the use of Federal Funds for the
PROJECT, compliance with Section 106 of the National Historic
Preservation Act, as amended, is required, if applicable; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of January 19, 2000, Item No. 5, following an advertised public
hearing, adopted Resolution No. PAB 05-00 by a vote of seven to
zero (7-0), RECOMMENDING APPROVAL of the Major Use Special Permit
Development Order•as attached hereto; 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;
Page 2 of 7
•. •
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE C_ -TY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. A Major Use Special Permit Development Order,
attached hereto as Exhibit "A" and made a part hereof, is hereby
approved subject to the conditions specified in said Development
Order, per Article 17 of Zoning Ordinance No. 11000, for the
Miami Stadium Apartments Project (hereinafter referred to as
"PROJECT") to be developed by St. Martin Corp., (hereinafter
referred to as "APPLICANT"), at approximately 2301 Northwest 10"`
Avenue, Miami, Florida, more particularly described on "Exhibit
B," attached hereto and made a part hereof.
Section 3. The PROJECT is hereby approved for the
construction of up to 336 residential units, with accessory
recreational space, and 480 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, attached as Exhibit "A"
hereto and incorporated herein.
Section S. The findings of tact set forth below are
hereby made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted
Miami Comprehensive Neighborhood Plan 1989-2000,
as amended.
Page 3 of 7
b. The PROJECT is in accord with the R-3 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
$25.5 million, and to employ approximately 30
workers during construction (FTE); the PROJECT
will also result in the creation of approximately
5 permanent new jobs. The PROJECT will generate
approximately $216,750 annually in tax revenues to
local units of government (1999 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;
Page 4 of 7
01- 788
0 •
(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;
(S) 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.
Page 5 of 7
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 APPLICANTS and any successors
in interest.
Section 7. The application for Major Use Special Permit,
which was submitted on January 7, 2000, and is on file with the
Planning and Zoning Department of the City Of Miami, Florida,
shall be relied upon generally for administrative interpretations
and is made a part hereof by reference.
Section B. The City Manager is hereby directed to
instruct the Director of the Planning and Zoning Department to
transmit a copy of this Resolution and attachment to the
developers: Ruby Swezy, for St. Martin Corp., 5709 Northwest
158"' Street, Miami Lakes, FL 33014.
Section 9. The Findings of Fact and Conclusions of Law
are made with respect to the PROJECT as described in the
Development Order, which is attached hereto as Exhibit "A" and
made a part hereof by reference.
Section 10. The Major Use Special Permit Development
Order for the PROJECT (Exhibit "A") is hereby 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
Page 6 of 7
01.`�♦ J Q
- r( 88
Development Order
(Exhibit "A"), which shall remain in
fu1= 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 herein 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."
PASSED AND ADOPTED this 17th day of February , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Cods SAC. 2.36, since the M r lid not indicate of
this legislation by signing it in tia da,3igt-12
:eL PI;:^
becomes effective with the s!nPZE oft 't (�`1) . ,:� 1, tits ,: CC.:nT,,_52 7,
regarding same, without the Mayorrcisin� a, ,�� l
ATTEST: - -" T11 -
Walter J. F n, _ Clerk
WALTER J. FOEMAN
CITY CLERK ,,-? r
APPROVED' AS /, OJ FO" CO CTNESS > '/
2111J;? -TI
cv a�
CITY TTORNEY
W 2:GMM:eij:RCL
3.1 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,
Page 7 of 7
78FJ
EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
MIAMI STADIUM APARTMENTS PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 11 of Ordinance
No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended, the Commission of the City of Miami, Florida, has
considered in a public hearing, the issuance of a Major Use
Special Permit for the Miami Stadium Apartments Project
(hereinafter referred to as the "PROJECT") to be located at
approximately 2301 Northwest 10' Avenue, Miami, Florida; see
legal description on "Exhibit B," attached hereto and made a part
hereof; said Legal description is subject to any dedications,
limitations, restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning
Advisory Board and after due consideration of the consistency of
this proposed. development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT,
and subject to the following conditions approves the Major Use
Special Permit and hereby issues this Permit:
Page I of 9 ,
Exhibit A _ 188
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed Miami Stadium Apartments Project. is ..
residential development to be located at approximately -2301
Northwest 10`° Avenue, Miami, Florida; ("PROJECT"). The PROJECT
is located on a gross lot area of approximately 12.1 acres and a
net lot area of approximately 11.06 acres of land (more
specifically described on "Exhibit 'B", incorporated herein by
reference). The remainder of the PROJECT's VITAL DATA is
attached hereto as "EXHIBIT C", and incorporated herein by
reference.
The proposed PROJECT will consist of no more than 336
residential units with accessory recreational space. The PROJECT
will also provide a total of 480 parking spaces.
The ownership, operation and maintenance of common areas and
facilities will be by the property owner or (in the case of the
property being converted to condominiums) a mandatory property
owner association -i n perpetuity pursuant. to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Permit Application for the PROJECT
also encompasses the following'lower ranking Special Permits and
Variance:
Page 2 of 9
Exhibit A
CLASS I SPECIAL PERMIT as per Article 9, Section 90E.6
active recreational fac-lilies {inc-luding a swirruminc D -c_,;
CLASS I SPECIAL PERMIT to permit staging and parking during
construction (to be approved prior to obtaining a building
permit from Manning);
CLASS I SPECIAL PERMIT for Development Signs when combined
with construction signs;
CLASS I SPECIAL PERMIT as per Article 6, Section 607.3.1 for
a temporary construction fence;
CLASS I SPECIAL PERMIT as per Article 6, Section 607.3.1 for
a temporary construction trailer; and
Class 11 Special Permit for reduction of loading berths.
Pursuant to Articles 13 and 17 of Zoning Ordinance 11000,
approval of the requested Major Use Special Permit shall be
considered sufficient for the subordinate permits requested and
referenced' above as well as any other special approvals required
by the City which may be required to carry out the requested
plans.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Albaisa
Architects, dated December of 1999; the landscape plan shall be
implemented substantially in accordance with plans and design
schematics on file prepared by Alex Knight, dated December of
1999; said design and landscape plans may be permitted to be
Page 3 of 9
Exhibit A 01— 788
• 0
modified only to the extent necessary to comb!v wit: --he
conditions for approval imposed herein; all modi=ications sha__
be subject to the review and approval of the Director or :.he
Planning Department prior to the issuance of ant• build1n
permits.
The PROJECT conforms to the reauirements of the R-3 Zoning
District, as contained in Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended.
The existing comprehensive plan future land use designation
on the subject property, allows the proposed residential use and
density.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING
1. Meet all applicable building codes, I a n d development
regulations, ordinances and other laws.
j2. Pay all applicable fees due prior to the issuance of a
building permit.
3. Allow the Miami Police Department to conduct a security
survey, at the option of the Department, and to make
recommendations concerning security measures and systems;
further submit a report to the Department of Planning and
Page 4 of 9
Exhibit A
o1- 788
4.
• 5.
0 0.
Development, prior to commencement of cors:ruct cr.,
demonstrating haw the Police Department recommends= -ions, if
any, have been incorporated .into the PROJECT security and
construction plans, or demonstrate to the Planning D' -rector
why such recommendations are impractical.
Obtain approval from, or provide a letter from the
Department of Fire -Rescue indicating APPLICANT'S
coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue it the review of the scope of
the PROJECT, owner responsibility, building development
process and review procedures, as well as specific
requirements for fire protection and life safety systems,
exiting, vehicular access and water supply.
Obtain approval from, or provide a letter of assurance from
the Solid Waste Department that the PROJECT has addressed
all concerns of the said Department prior to the obtainment
of a shell permit.
Prepare a Minority Participation and Employment Plan
(including a Contractor/ Subcontractor Participation Pian) to
be submitted to -the City's Director of Equal Employment
Opportunity for review and comments, with the understanding
that the City's Minority/Women Business Affairs and
Procurement Ordinance No. 10538 is a guide that the
APPLICANT must use its best efforts to follow.
Page 5 of 9
Exhibit A
7- ii'llb
7. Record the following in the Public Records of Dade
Florida, prior to the issuance of a she+._ -permit: %a'. a
Declaration of Covenants and Restrictions providing that he
ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory
property owner association in perpetuity; (b) a certified
copy of the development order specifying that the
Development Order runs with the land and is binding on the
APPLICANT, its successors, and assigns, jointly or
severally.
8. Prior to the issuance of a shell permit, demonstrate to the
City that the PROJECT has either: (a) completed its
condominium requirements and has been approved for such by
the State of Florida; or (b) provide the City with an
executed, recordable unity of title or covenant in -lieu of
unity of title agreement for the subject property; said
agreement shall be subject to the review and approval of the
City Attorney's Office.
9. Provide the Public Works Department of .the City of Miami
with plans for proposed sidewalk and swale area improvements
for its review and approval prior to the issuance of a
building permit.
10. The property shall be replatted prior to the .issuance of a
building permit.
Page 6 of 9
Exhibit A
o1- 788
11. Provide the Planning Department with a temporary pa.b:ir
:clan which addresses construction employee parking d:=-_nz
the 'construction period; said plan shall be subject- ---- ^.e
review and approval by, the Planning and Zoning Departmen_
prior to the issuance of any building permits.
12. Pursuant to the findings by the Planningand Zoning
Department that the project will have an adverse effect on
properties that may be eligible for the National Register of
Historic Places and due to the use of Federal funds for the
PROJECT, compliance with Section 106 of the National
Historic Preservation Act, as amended is required. To this
end, this PROJECT shall not be approved per plans on file
but shall allow for modifications that may result from the
Section 106 process.
THE CITY SHALL:
Establish the effective date of this Permit as being
thirty (30) days from the date of its issuance with the
issuance date constituting the commencement of the thirty
(30) day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The Miami Stadium Apartments Project,' proposed by the
applicant, Ruby Swexy, for St. Martin Corp., ("APPLICANT") ,
complies with the Miami Comprehensive Neighborhood Plan 1989 -
Page 7 of 9
Exhibit A
til- 788
2000, is consistent with the orderly development and acals .he
City of Miami, and complies with local land deve=cpmen_
regulations and further, pursuant to Section =7C'3 cf
Ordinance No. 11000:
(1) the PROJECT will have a favorable impact on the ecer.omx
of the City; and
(2) the PROJECT will, efficiently use public transportation
facilities; and
(3) the PROJECT will favorably affect the need for people
to find adequate housing reasonably accessible to their
places of employment; and
(4) the PROJECT will efficiently use necessary public
facilities; and
(5) the PROJECT will not negatively impact the environment
and natural resources of the City; and
(6) the PROJECT will not adversely affect public safety;
and
(7) the public welfare will be served by the PROJECT; and
(B) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Page 8 of 9
Exhibit A
01- IM
Pursuant to Section 1305 of Zoning Ordinance N--. -1:101001,
specific site plan aspects of the PROJECT i.e.,
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and con,:ro-" C-
potentially adverse effects generally have been considered and
will be further considered administratively during the process of
issuing individual building permits and certificates of
occupancy.
Page 9 of 9
Exhibit A
a
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0
ST
2
ZAP
MIAMI -
THE SOUTH 908.68 FEET OF THE WEST(w to -)OF THE NORTHEAST QUARTER (NE 1J4) F THE SOUTHEAST
QUARTER (SE 114), OF SECTION 26, TO"SHP 53 sour ,
RANGE 41 EAST, LYWO AND BEING IN ADE COUNTY,
FLORIDA, EXCEPInNO THEREFROM THE WEST 25 FEET
AND THE SOUTH 25 FEET AND THE EAST 33 FEET THEREOF,
USED AND TO BE USED HEREAFTER FOR PUBLIC ROAD
AND STREET PURPOSES.
QOWA1 N i RG ►'Z,.(oC QCZFS H099 0FL
-fns' azoile l�ESceI�ED
40 y$ EASt'
4 t79
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TN r' Fareel 5i»�•: rr herP�t Go,.�ow5
EXHIBIT "S"
In. s8 F&e--r
!x•06• AGI l-5
0i- 788
EXHIBIT "C'
j
SITE DEVELOPMENT DATA
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j, *a mrs X I. as SlALLs
wr T"g a 26.35050 uwm !lmWWTP a a . OLDAoTALai I
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_ 1 VISITOR W% 1 .TA STALLS I ...... ^•^ .
TDTAL NO.. Isf urlrra I ICTAL s1OW[9 1rALLf TOTAL FROVOU ITALLa
I 1
1 LOAOwC 1111'41 l t•i - 17-~11 a anti i .I•r ..nr I alt
1; 1 m 1 m i Itlr . IO•V a ad%
1 LOAOUI6 1117-5 . TOTAL I TAI - r0•.T .T 10% !
f.'01MIN' 4I19A i At.13/ !.P
. O•rf-sIOAAt sf�.r,Tq- Of LAACIA 5/RT115 012'w a 35•Lf0 SMALL1a 28411.6 1'0'w A swu
s+ CLAaS 5 P/AWT �• , •.�'•.
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