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HomeMy WebLinkAboutR-90-0078f4 0 J-90-40 1/3/90 RESOLUTION NO. 90 -.1)078 A RESOLUTION, WITH ATTACHMENTS, CORRECTING A SCRIVENER'S ERROR BY FINDING AND CONFIRMING THAT PAGES 6 AND 7. MARKED AS EXHIBIT "A," HERETO, WERE INADVERTENTLY OMITTED AND SHOULD HAVE BEEN INCLUDED IN EXHIBIT "B" OF RESOLUTION 89-989, DATED OCTOBER 28, 1989, THE MAJOR USE SPECIAL PERMIT WHICH APPROVED TWO PARKING STRUCTURES FOR THE STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT, AND INCORPORATING SAID PAGES; CONFIRMING THE EFFECTIVE DATE OF SAID CORRECTED RESOLUTION AS NOVEMBER 28, 1989; DIRECTING THE CITY CLERK TO CORRECT RESOLUTION 89-989; AND CONTAINING AN EFFECTIVE DATE. WHEREAS, by Resolution 89-989; October 26, 1989, the City Commission amended a previously -issued Development Order (Resolution 76-184; February 10, 1976) by approving with conditions one (of two) parking structures for the State of Florida Dade County Regional Service Center Project; a Development of Regional Impact, pursuant to Chapter 380, Florida Statutes; and WHEREAS, by Resolution 89-989; October 26, 1989, the City Commission issued a major Use Special Permit pursuant to Zoning Ordinance 9500 of 8 pages (only 1-8) approving with condition two parking structures for the State of Florida Dade County Regional Service Center Project; and WHEREAS, the City Commission hereby finds that a scrivener's error occurred through the inadvertent omission of pages 6 and 7 of said permit; and WHEREAS, the City Commission additionally hereby finds`that the substance of pages 6 and 7. was considered in public hearing on October 26, 1989 (see conceptual plan attached to Resolution 89-989 showing "optional covered walks" and "optional pedestrian bridge," which is reproduced and attached hereto as Attachment "1"); and CITY COMMISSION MEETING OP JAiq 25 19so 4% 0 IMEREAS, page 7 also contained standard Major Use Special Permit "City" obligations pertaining to previously mandated Downtown and Southeast Overtown/Park West DRI's and all other City land use regulations, the effective date, and zoning ordinance authorized non -substantial increases of less than B% in the number of permitted parking spaces; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA.* Section 1. The findings contained in the preamble to this Resolution are hereby approved, confirmed and adopted by reference hereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby confirms that pages 6 and 7, Exhibit "A" attached hereto, should have been included in Resolution 89-989 dated October 26, 1989, attached hereto as Exhibit "B," which constituted the Major Use Special Permit which approved two parking structures for the State of Florida Dade County Regional Service Center Project, and hereby inoorporates said pages into ,Resolution 89-989. Section 3. The City Clerk is hereby authorized and directed to correct the aforementioned sorivener's error by add=g the previously omitted pages numbered 6 and 7, attached hereto as "Exhibit 'A'," to the DZig1mal Exhibit "A" of Resolution No. 89- _ Section 4. The City Commission hereby confirms that the effective date of the herein corrected Resolution 89-989 is November 25, 1989. Section S. This Resolution shall become effective Immediately upon adoption. PASSED AND ADOPTED this 25th _ day of January 1990. A MA' IRAI, CITY CLERK XAVIER L. SUARE$, MA -2- 90 PREPARED AND APPROVED BY: 0 E. MAXWELL Cii F ASSISTANT6TY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JORGE IL . FHR! CITY ATTORNM JEH/db/M1314 --3- EXHIBIT"A" - plans of ('LiL(1CO CaDAbIIIrV «f pr.r)vle9iPjy ,, t.tov(fcr (3) hc;o1: rirA rattt(1 enclosure arlrl deluge system along the± east wall aI jacent ro Metrorail, a5 t,Pr the recommendation of the PIra r.iP(� Saft:t;y C(,)Mm(r•tt•ta. 6. Prior tc) issuance of a building nermir. by the Flarxrl9 DQpArtMtMr of General rlervic:es for superstructure r1, provide an a,lrt:ement with Metropolitan Dade County Transit Agent.y (MDTA) addrenntnq the following clurinq constructicin car rile Rhode Parking :structure: a. Provision of advance notice for any activity to bA performed within five feet (horizontal) of, or over the Metrorail or Metromove>r quidewayg, and coordinat.ion or these activities with Central Control. 7. Prepare and submit to the Florida Department or General Services, a Mln(,)r:ity Participation and Employment Plan to be nubm1 tied wi r►i i n ninety (90) slays of the issuance of tt11y Major Use Special Permit; complying with minority participation and employment requirements of the Plorida Department of General Services, as monitored by the Florida Department or General Services; it being understood that the City's Minority/Women Rusinean Affairs and Procurement Ordinance 10538 is a guide. a. Prepare and submit to the r:lorida Department of General Services, a Minority Contractor/Subcontractor ParLicipatlOn Plan within ninety (90) clays of the issuance of this Major Ilse Special Permit; complying with minority participation and employment requiremantg of, the Florida Department of General Services, as monitored by the Florida Departntrrtt of General Services; It being understood that the City's Minority/Women business Atfdirs dnd Procurement Ordinance 10538 is a gui(le. 9. Provide an overhead pedestrian bridye or covered walkwav which will minimize the isolation of pedentrion traffiC from public street activity art© Promote pedestrian safety, connecting the 1),it x inq at►; uctures to one another, it being understood that such bridge or wAlkway is yubjeet to specirio approval by subsequent resoltitcien of the City Commission through nn indemnification agreement. 10. It Phases III and IV of the origirtAlly approved Rey�t•,►t.�l ServtCe Center orrice development are ever conatructede apply for: (1) additional development credits purnumnt to the Downtown! and/or Southeast Overtown/Park West Developments of Regional Impact. or through An independent Uevelo ment of Regional Impact: and ( 2) a new Major use Special Permit Subject to Planning Advisory Soared and City Commission approval. THE CITY SHALL: 11, Meet all Ctry or Miami obligations pursuant to the Downtown and Southeast Aver town+/Par'k West Developments of Regional Impact hevelopirtent orders, all aoPlicable land development regulations, r,)rdinance—s anti other lawn. 12. Rstatil i sh r.hP e!f rect ive date of the Major Use Special Permit an the elate the thirty (30) dAy .appeal period for such permit ends. 13. Per.tnit minor non-subscantial increase's or square footage; and/or in the number of parking spaces provided (not 5%), wittiout: ,t tl.rrther pirbl is hearing. AIX/riot/M1205 - 7 -- J-89--925 10/3/89 „ RESOLUTION - N0.��: A RESOLUTION. WITH ATT�►-CHMSNT, NAMED AS EXHIBIT "A", ISSUING A MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLE 28, ZONING ORDINANCE N0. 9800, THE ZONING ORDINANCE OF THE CITY OF NIAMI, FLORIDA, AS AMENDED. APPROVING WITH CONDITIONS. TWO PARSING STRUCTURES FOR THE STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT (A.K.A. THE RHODE BUILDING). LOCATED AT APPROXIMATELY NORTHWEST 1ST COURT AND NORTHWEST BTH STREET, BLOCK 68-E. BLOCK 76-N, BLOCK 76-E AND RIGHT-OF-WAY OF NORTHWEST 1ST COURT AND NORTHWEST 4TH STREET ABUTTING THE AFOREMENTIONED PROPERTIES, COMPRISED OF APPROXIMATELY 448,640 GROSS SQUARE FEET OF PARKING AND CONFIRMING THAT THE PROPOSED PARKING SPACES ARE INCLUDED IN TEE BASE DATA OF THE DOWNTOWN NIANI AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPNMTT OF REGIONAL IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87- 2248 AND 87-1149, DECEMBER 10, 1967, AND RESOLUTIONS 88-110 AND 88-111. FEBRUARY 11, 1988); THAT ONE BUILDING IS CONSISTENT WITH THE DESIGN GUIDELINES FOR THE SOUTHEAST OVERTOWN/PARK NEST REDEVELOPMENT AREA; INCORPORATING THESE FINDINGS IN CONCLUSIONS OF LAW; PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; AND CONT!1= =717 W EFFECTIVE DATE. WHEREAS. by Resolution 76-184, February 10, 1978, the City Commission issued a Development Order for the State of Florida's Dade County Regional Service Center Projeot (a.k.a. the Rhode Building), located at Northwest First Court and Northwest Fifth Street, Block 68-E, Block 76-N, Block 78-E and right-of-way of Northwest First Court and Northwest Fourth Street abutting the aforementioned properties. a Development of Regional Impact, pursuant to Chapter 380, Florida, Statutes, and then Zoning Ordinance 6671; and WHEREAS. by Resolution 83-37, January 13, 1983, the City Commission granted approval of Phase II construction; and WHEREAS. the applicant. the State of Florida Department of General Services. now desires to provide additional on --site TT P� Cr tr !].fi '.470" 'q T c' CITY COMMISSION NlEETHIC OF OCT 2t3 l9d9 LION M. 89'-� rarkinst in lieu o: he off -site parking requ by the original Development Order to serve. the Project and consequently desires to amend the previously issued Development Order and. apply for a Major Use Special Permit for construction of the structures; and WHEREAS, on August 4, 1989, the applicant filed a Major Use Special Permit Application with the City of Miami for the construction of two parking structures of approximately 448.840 square feet of gross floor area (1,399 parking spaces) on the aforementioned site; and WHEREAS, the Rhode Parking Structure Project qualifies as a Major Use per Article 28, "Major Use Special Permits" of Zoning Ordinance 9500; and WHEREAS, the Miami Planning Advisory Board, as its meeting of September 20, 1989, Item No. 2(b), following an advertised hearing. adopted Resolution No. PAB 47-69 by a vote of 7 to 1 RECOMMENDING APPROVAL of issuance of the Major Use Special Permit; and WHEREAS. the City Commission held an advertised publio hearing tc oonsiAor the application for the Major Use Special Permit; and WHEREAS, it is the intent that the Major Use Special Permit shall be the instrument for implementing by one action, subsequent to City Commission authorization, all ohanges in the adopted Comprehensive Plan, zoning district classifications, other zoning actions or other City ordinances that would otherwise be neoessary to the a000mplishment of the objectives sought in the application for Major Use Speoial Permit; and WHEREAS. the Commission also considered approval of an amended Development Order. per Chapter 380, Florida Statutes, for part of the Project; and WHEREAS. the City Commission deems it advisable and in the best interests of the citizens of the City of Miami to issue the above mentioned Major Use Speoial Permit as hereinafter set forth; j d NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TER CITY OF MIAMI, FLORIDA: - 2 - Section 1. A Major Use Speoial Permit, atta0hod hereto as Exhibit "A" and made a part hereof, is hereby issued, with conditions, for two parking structures for the State of Florida Dade County Regional Servioe Center (a.k.a. Rhode Office Building) (hereinafter referred to as "PROJECT") to be developed by the State of Florida Department of General Servioes at approximately N.V. lot Court and N.W. 5th Street in the area bounded by N.K. 2nd Avenue, N.K. 4th Street and N.V. 6th Street and Netrorail more precisely described as: Lots 1. 2, 3. 4. 5, Pt of lot 8. Block 68-B Blocks 76-N and 76-B A.L.SNONLTON MIAMI (3-41) of the Public Records of Dade County, Florida. Section 2. The subject Major Use Special Permit, as approved, shall be binding upon the applicant and any successors in interest with respect to the PROJECT. Section 3. The following findings of fact are hereby made with respect to the PROJECT: a. the PROJECT is in conformity with the adopted Miami - Comprehensive Neighborhood Plan 1989-2000; and b. the PROJECT is in accord with the district zoning classification of Zoning Ordinance 9500; 0. pursuant to Section 2308, Zoning Ordinance 9800, 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 administratively during the process of issuing a building permit and certificate of 000upanoy by the Florida Department of General Services; and d. the PROJECT in consistent with Downtown and Southeast Overtown Developments of Regional impact Development Orders (Resolutions 87-1148 and 87-1149; Resolutions ;j z - 3 - j yt r 4. y vs.. a Y.s .. ' :.. ., o. ..z ., a . .. 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'}.«k.'�s' iR3fv�'42_W >. . �3i... .: _ l p 88-111: Ordinances lt40� 10468, 10843 and - 88 1 - State of Florida Administrative Rearing Settlement Case Number 88-1638, hereafter referred to as the Downtown { and Southeast Overtown/Park West Development orders); and — =� e, the City Commission further finds that: - (1) the PROJECT will have a favorable impaot on the economy of the City; and —} (2) the PROJECT Will effioiently use public -� transportation facilities; and (3) the PROJECT will favorably affeot the need for - people to find adequate housing reasonably J accessible to their plaoas of employment; and (�) the PROJECT will efficiently use necessary public facilities; and —' (S) the PROJECT will not negatively impact the — s environment and natural rsouroes of the City: and �$ (8) the PROJECT will not adversely affect living - -! conditions in the neighburhood; and raj -- (?) the PROJECT will not adversely affect publio 9&f ety ; —� (8) the public welfare will be served by the PROJECT; _ and (9) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major -_ Use Special Permit and the requirements of the �I j Downtown and Southeast Overtown/Park west — Development of Regional Impact Development Orders. Section 4. Tha application for Major Use Special Permit dated August 4. 1989. as submitted by the applicant. on file - with the Pl&nUing Department. shall be relied upon for administrative int®rgretatioas.177 G r 1 ;r • _ F Nib It N. iv seot.ion 8. d,Aia Resolution sh&13- beOOSO effeotivO ThiTtY (30) days from the date of &doption pursuant to I&V. PASSED A)ID ADOPTED this 25th day of -------' 1989. ` - XAVISEt L. ATTEST �.Z4•-'._- I6ATTy BIItAI . C MW CLEM _ 1� WMMARED AND APPFOW BY: - t�% I A L tf JU4-- L. F ASSISTANT cny ATTMW =i AppXNM AS TO FOB AND closm I,. Eiji/CjC/ALFicjc/dot0M1208 8 XXRIBIT A PRASR V - PARKING STRUCTURES FOR THE STATE OF FLORIDA DADE COUNTY RBGIONAL SERVICE CMn= (A.K.A. REODE OFFICE BUILDING) MAJOR USE SPECIAL PERMIT Let it be known that the Commission of the City of Miami, Florida. has considered in a public hearing held on Ootober 26, 1989, the issuance of a Major Use Special Permit for the Parking Structures for the State of Florida Dade County Regional. Service Center (a.k.a. Rhode Office Building) the PROJECT, pursuant to Article 28. Zoning Ordinance 9600 and the Downtown Miami Development Orders, and Southeast Overtown/Park Nest Developments of Regional Impact to be located in the City of Miami, being Dots 1. 2, 3, 4. 8 and part of 6. less the south 10.00 feet thereof, Block 68-E, and all of Blocks 76-N and 76-E, A.L. KNOWLTON Miami, Dade County Florida, according to the plat thereof as recorded in ria c Back S at Page 41 of the Public Records of Dade County, Florida (as described in the survey submitted pursuant to the application for MUSP). ALL OF THE FOREGOING SUBJECT TO any dedications. limitations, restrictions, reservations or easements of record: and after due consideration of the reoommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan and the Downtown and Southeast Overtown/Park West Developments of Regional Impact Development Orders the Commission takes the following actions: =I= wj wpm 4 w"� $ . Approval of AppliG -,iOn for Major Use SpeciaA 1Perait subject to the following mod.ifioations: nave10 The PROJECT site is located immediately west of the Metrorail/Netromover right-of-way on the same side. bounded by N.W. 6th Street on the north, N.V. 4th Street and adjacent property on the south, Metrorail Florida East Coast Railroad right-of-vay on the east and N.W. 1st Court on the west. The completed phases I and II of the PROJECT consist of approximately: R1 p� ,ems Area [ S . F . 5 Office Building (2) 536.240 Phases III and IV of the originally proposed offioe development have not yet been constructed. Proposed are two parking structures: structure "A" bounded by N.V. 4th Street, the existing office structure, I.V. R#! Streot and tine Yetrorail right-of-way; and structure "B" bounded by N.V. Oth Street, N.V. 1st Court, N.W. 6th Street and the Metrorail right-of-way. The proposed two parking structures would consist of approximately: Element Ar'Ps$_(S.F. E8r+k3,ig_91gkoes parking Structure A 232.680 724 Parking Structure B 210,1612 . 675 Total 448.840 1.399 The PROJECT conforms to the requirements of Zoning Districts GU, Government Use and CG-2, General Commercial, Sheets 8 and 6 of the Schedule of District Regulations as oontained in Zoning Ordinance 8800. as amended. Parking structures are a permitted use in both the GU and CG-2 zoning districts. The PROJECT site is designated Major Public Facilities. Transportation and Utilities by the Future Land Use Map approved -2- r* February 16, 19 A As such, state an ! loom government activities oonform to this Land use designation. The proposed PROJECT also conforns to the proposed Downtown Miami Master Plan. The PROJECT reflects suggestions received at the Miami Large Scale Development committee meeting of August 11, 1989. The PROJECT will be constructed substantially in accordance with plans and design schematics on file prepared by the Haskell Company dated August 23, revised through September 8, 1989. (See site plan attached.) The construction document reviews for code and criteria compliance for these structures and subsequent issue of building permits will be done only by the Department of General Services, Tallahassee, Florida. All references herein to code reviews, r permits and/or certificates of occupancy will be considered - satisfied by this prodess. The development as proposed is substantially consistent with the summary snd recommendations contained in the Downtown aaci Southeast Overtown/Park West Developments of Regional impact. No development credits need to be approved under these DRI's as parking was not included in the definition of "new development". The Planning Department has administratively interpreted the Design Guidelines for the Southeast Overtawa/Park hest Redevelopment Area as they pertain to the Site H structure as follows: i. That an open roof is acceptable. rather than being reserved for open space and recreation (Bee page 22 of the Guidelines). 2. That six structured parking levers are acceptable rather than a limit of five levels with a roof (see page 22 of the Guidelines). . 3. That an arcade on the north side of N.W. Sth Street can be;x omitted because of the sparse pedestrian traffic there. G i rx 4.. But that all 'sap level structures, it , stair towers, mechanical equipment, eto., would be adequate soreened or architeoturally considered. TSB APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, 0033IfLY OR SRVBRALLY, SSALL 1. Beet all requirements pursuant to the Downtown and Southeast Overtown/Park West Developments of regional Impact Development Orders, all applicable building oodes as determined by the Florida Department of General Services, land development regulations. ordinanoes and other laws, and in addition, 2. Simultaneous with the submittal of the first annual monitoring report, due one year from the effective date of this development order: a. provide a City Commission resolution approving a final plat of the property and recordation number and a copy of the.final plat and resolution vaoating and ®losing N.K. let Court b. provide copicc. cs recorded easements required for existing water and sewer mains in vacated N.X. let Court between N.Y. 4th and N.W. 5th Street. o. designate scpeoe in design plans of the roof for a oommunioations antenna and supporting structure for the City's emergency and general government communications system. In addition. ,sufficient space near/under the roof for necessary support equipment must also be provided gratis by the applicant. The applicant and City must mutually agree to the looation. number and size of any such equipment Installation or space designation. Such aerials, antennas safety features and appurtenances will. be .installed and maintained at the expense of the City of Miami.. The applicant`s will retain the right of areshiteotural sad engineering. review and approval., ,-,whion shall not be unreasonably withheld. 3. Friar to Amenoement of eonstruotia of superstructure of the PROJECT: a. mutually agree with the Planning Department upon a I design for sidewalk paving and landscape lighting J standards; paving material for sidewalks shall comply with Design Standards and Guidelines for the Southeast Overtown/Park hest Redevelopment Project. Concrete interlocking pavers are recommended. similar or equal to those manufactured, by Paver Systems (i.e., Uni-Deoor pavers in color mix III whioh is a mixture of red, charcoal and tan). b. define a parking plan during construction that will assure continued availability of parking for employees and visitors or in the alternative propose more extensive use of Metrorail. o. will have secured a tree removal permit. 4. Prior to issuance of a building permit by the Florida Department of General Services for superstructure of structure B. allow tbo Miami Police rWpartment to conduct a security survey, at the option of ' the Department, and make recommendations concerning security measures and systems. Submit a report to the Planning Department. prior to commencement of construction. demonstrating that the Police Department recommendations have been incorporated into the PROJECT security and construction plans, or have otherwise been relieved by the Director of the Florida Department of General Services. 5. Within six (6) months from the effective date of the Major Use Speoial Permit. provide a letter indicating coordination with members of the Fire Plan "View Section to discuss the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as speoifio requirements for fire proteotion and life safety systems. exiting, vehicular access and water supply. including designation in design I j�I ``I I I• K 0 TOM man aM�C� are"" it t 11 � 1 e 1�1 1 VfIM►NpSt•IaR�a•i4 � � � 1,4894111 MM+•••r• w.. w• . as Mesa$ I N.dN @..*#me $sale$ 6 =:914I6" s as •.a.aa.a ••MN. $$aaa.a•• � � .• NK.N." rs. •. e1Na.N• •...M a� �eair•a MK.• 11. •aMa tNWM .. !N • a ••Naha ••M.M alumtu" 'a• fir•-. .• NKNM•E..... •+ . at oaa .a• oa /a• o • NOraa .$etas +I. aawrw t•NaW. 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CITY OF MIAMI, FLORIDA P Z INTER -OFFICE D4'Ve@ bRI ANDltM TO: Honorable Mayor and oaTc h FILIE Members of the City Commission FRo : esar H. Od City Manager RECOMMENDATION: SUBJECT : Scrivenor's Error: State Regional Service Center Parking Structures REFERENCES Agenda Item PZ-5; City Commission ENCLosuResMeeti ng of January 25, 1990 It is respectfully recommended that the Commission adopt the attached resolution correcting a scri venor' s error by finding and confirming that the pages 6 and 7 were inadvertently omitted and should have been included in the Major Use Special Permit issued October 26, 1989, for the two parking structures for the State of Florida Dade County Regional Services Center Project. Attachments cc: Law Department