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HomeMy WebLinkAboutR-88-0856J-88-861 9/6/88 RESOLUTION NO. 88-856 A RESOLUTION AMENDING THE MIRACLE CENTER MAJOR USE SPECIAL PERMIT (RESOLUTION NO. 86-834, OCTOBER 23, 1986) FOR PROPERTY LOCATED AT APPROXIMATELY 3301-3501 CORAL WAY, MIAMI, FLORIDA, (SOUTHWEST 22ND STREET) MORE, PARTICULARLY DESCRIBED HEREIN: MAKING FINDINGS; SUBSTITUTING AN UPDATED TRAFFIC STUDY; AMENDING PARAGRAPH 1 OF SAID PERMIT BY DECREASING RETAIL AND APARTMENT AREAS AND DECREASING THE NUMBER OF APARTMENTS BY INCREASING THE RESTAURANT, HEALTH SPA, DANCE STUDIO, THEATER AND COMMON AREAS: AND BY INCREASING THE NUMBER OF PARKING SPACES TO 1022, BUT RETAINING THE IDENTICAL 645,897 GROSS SQUARE FEET OF TOTAL BUILDING AREA; FURTHER, EXTENDING THE TIME OF COMPLETION OF PHASES I AND II; AND DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. WHEREAS, it is the intent that the Major Use Special Permit shall be the instrument for implementing by one action all changes in the adopted Comprehensive Plan, zoning district classifications, other zoning actions or any other City ordinance(s) that would otherwise be necessary for the accomplishment of the objectives sought in the application for Major Use Special Permit; and WHEREAS, Coral Way Associates, LTD., and Decorative Arts Plaza, Inc. submitted an Application for a Major Use Special Permit per Article 28: Major Use Special Permits: Detailed Requirements of Zoning Ordinance 9500, for the Miracle Center Project ("Project"); and WHEREAS, thereafter, the City Commission, on October 23, 1986, following an advertised public hearing, adopted Resolution 86-834, the Miracle Center Major Use Special Permit, which approved the Project, with conditions; and WHEREAS, on August 5, 1988, Miracle Center Associates, Inc., successors -in -interest, applied for certain modifications to the Project as described in the Special Permitt and Amended Resei By_WS — 9 13 crfr COMW Si+ MEETING OF SEP &7 19" WHEREAS, the City Commission has conducted a public hearinq and considered the Application for amendment to the subject Major Use Special Permit as set forth herein; and WHEREAS, the City Commission has determined that all legal requirements have been complied with; and WHEREAS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Miami to amend the Major Use Special Permit as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY I OF MIAMI, FLORIDA: Section 1. The following Findings of Fact are hereby made with respect to the Miracle Center Project ("Project"): a. The City Commission has determined that the modified Project is in conformity with the adopted Miami Comprehensive Neiqhborhood Plan; j b. The City Commission has determined that the modified Project is in accordance with the applicable district zoning classification of Zoning Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Fla.; c. The City Commission hereby finds that the modified Project will not create adverse impact on air quality, ground water, soils, animal life, vegetation, wastewater management or solid waste disposal, and further finds that it will have a number of positive impacts including: 1. A Projected 422 permanent new jobs would be generated by the modified Project. 2. The modified Project will include 99 rental apartment units, which are in generally short supply within the City of Miami and will contain approximately 1022 parking spaces more than are required under applicable soninq regulations. -2- d. The City Commission hereby further finds that the adverse impacts related to water demand, energy demand, solid waste generation, demands on public services and traffic generation will be mitigated by the conditions set forth in Exhibit "A", of the original Major Use Special Permit (Resolution 86- 834). e. The City Commission hereby further finds that: 1. The modified Project will have a favorable impact on the economy of the City; 2. The modified Project will efficiently use public transportation facilities; 3. The modified Project will favorably affect the need for people to find adequate housing reasonably accessible to their places of employments 4. The modified Project will efficiently use necessary public facilities; 5. The modified Project will have a l favorable impact on the environment and natural resources of the City; 6. The modified Project will not adversely affect living conditions in the neighborhood; 7. The modified Project will not adversely affect public safety; and 8. There is a public need for the Project. Section 2. Paragraph 1 of pages 1 and 2, Exhibit "A" Major Use Special Permit of Resolution 86-834; October 23, 19", is hereby amended in the following respectssi/ Words and/or figures stricken thru shall be deleted. Underscored words and/or figures shall be added. Astericks indicate omitted and unchanged material. The, re aining provisions are now in effeat and resain unchanged. r - 3- ,ON "Development 1. The development proposes 645,897 gross square feet of floor area comprised of the following elements: Gross Square Feet Element of Building Area Spaces Retail Restaurant - dining - live entertain- ment Health Spa Dance Studio Theatres 843 61,956 aO,590 36,077 4-0-;160 1,000 44,6`0 18,133 6' asa 10,000 44-r V 5 ;L 50,446 Mall, Mechanical and Services 38•r90 48,142 Apartments 111,aZ2 104,569 SUB -TOTAL 330,897 Parking 315,000 TOTAL 645,897 2,270 seats 10 theatres 4•is--09" 99 DU ' s 998-spiees 1,022 spaces This Project meets the requirements of Ordinance No. 9500, and is further limited by applicable regulations and procedures as follows: The Schedule of District Regulations, Sheet 4 of 6, CR-3/7 Commercial -Residential (General) District, Zoning Ordinance 9500, and the Miami Large Scale Development Committee meeting of July 15, 1986, whose members made recommendations based on the conceptual plan and design schematics on file dated July 1, July 17, and August 25, 1986, prepared by Arquitectonica International Corporation, Architects, for the site bounded by Coral way on the south, S.W. 33rd Avenue on the east, and a point 625 feet west of S.W. 33rd Avenue on the west. n Additional parameters for the project are as follows: Parking Approximately 315 gross square feet for approximately 0" 1 022 vehicles to be accommodated on 4 le-v4T fey a viouslv submit tra !s • attachment reto as NZ e f i ed .04w Height 235 feet (scaled) Stories 17 levels Lot area 4.4 gross acres Loading 11 truck bays and 4 compactor bays Estimated Date of Completion Phase 1, dsnvatyf November 1988: Phase II Aelebe� November 1989 Phase Two The site contains approximately 1.7 acres of open space. The entire perimeter of the project will be landscaped substantially in accordance with plans to be submitted by Arquitectonica International Corporation, Architects, prior to issuance of a buildinq permit. �w Section 2. The Major Use Special Permit, as amended, shall be binding upon the applicants and any successors in interest. Section 3. The City Clerk shall send copies of the herein Resolution to Miracle Center Associates, Inc., 3301 Coral way, Miami, Florida, and the Metropolitan Dade County Department of Public works, 111 N.W. 1st Street, Miami, Florida 33128. PASSED AND ADOPTED this 27th day ofeptember 1988. ATTE AMITY HIRAI, CITY CLERK PREPARED AND APPROVED BY: �/. &04� JOEL E. MAXWELL ASSISTANT CITY ATTORNEY APPROVED AS TO PORN AND CORRECTNESS: jFCIATTO JBN/db/N791 w S.. r 5- = a ; ,� k` L ♦fir. �i September 29, 1988 Metropolitan Dade County Dept. of Public Works 111 NW 1st Street Miami, Floria 33128 REt MIRACLE CENTER MAJOR USE SPECIAL PERMIT Dear Sirs: c m M. 0010 CRY M~ Enclosed herein please find a copy of Resolution No. 88-656, passed and adopted by the City of Miami Commission at its meeting held on September 27, 1988, which is self-explanatory. On behalf of the City of Miami, thank you for your attention. Ve truly yours, ttXvyB*i6rr` a City Clerk MH:vg Enc: a/s 01 (4itR of 'Minitti MATTE "INAI cum M vO�O C" Clerk C" ma -wee► September 29, 1980 Miracle Center Associates, Inc. 3301 Coral way Miami, Florida RE: MIRACLE CENTER MAJOR USE SPECIAL PERMIT Dear Sirs: Enclosed herein please find a copy of Resolution No. 88-856, passed and adopted by the City of Miami Commission at its meeting held on September 27, 1988, which is self-explanatory. On behalf of the City of Miami, thank you for your attention. Ve truly yours, ty Hirai City Clerk MH:vq Snc: a/s anct o n* CITY a nx/cNy Havaw ►ae ABM O**#.osm 4 i. mows Its nt K 4 R PZ016 PLANTING FACT SHEET APPLICANT Miracle Center Associates: August 5, 1988 PETITION the A Resolution amendin the Miracle Center Major Use Special Permit e6-634; October 23, 1986), for property located at approximately 3301-3501 Coral Nay (Southwest 22nd Stet), more particularly described herein, by findings, substituting an updated traffic steely, amending paragraph 1 said permit by decreasing retail and apartment areas and decreasing the number of apartments and by i�craasiAg restaurant, health spa, dance studio, theatre and common areas, and increasi" the W&A41 Of parking spaces to 1022, but retaining the identical 645,897 gross square feet of toter further extending the tipa building area; completion of Phases I and II, and directin$ tip'`` ; City Clerk to send copies of the herein resolution to affected agencies and the developer. REQUEST To amend- the Miracle Center Major Use Special permit. 3, ANALYSIS Marketing of this project by the devil.W has r during the course of construction resalto in a request to modify the description of .t various elements in a manner that is different from the development program described 14 paragraph 1 of the Miracle Cater !ice Special Permit.,_ These rested chats aft the elowt and prow4ogit O area In the first ho C�l�ir 4 change in the third i�� • 2 1� or. y ` N E t y 5 i Building Area (s.f.) Building Area (s.f. Flemmt as ARRroved As Rlgmtad Retail 80,283 61,9S6 Restaurants - dining - live entertainment Health Spa Dance Studio Theatres 20,500 4,780 14,620 5,380 44,857 2,270 seats 10 screens 36,077 1,000 18,133 10,000 50,446 2,270 seats 10 scrams Mall, Mechanical and Services 38,100 48,142 Apartments 122,377 (136 OU's) IIH-So (99 081s) Sub -Total 330,897 330,897 Parking 31S.000 (998'spaces) 315-00II (1,022 SPWAi)' Total 645,897 645,897 As the changes are internal to the building and do not increase the size of the previously -approved building envelope, there is little difference in the impact on City services other than those previously evaluated in the Development Order. The traffic study for the project, prepared by David Plummer and Associates Inc. and dated } July 14, 1988, shows that the reri�wl.. i configuration of the project, as MW by the applicant, would increase traffic x 2.344 during the PM peak hour over tMt traffic volume projected in the orI9444 i>t� study dated July 30, 19K. This I represents an increase of s eiy !L ' outbound trips during the PII pent r . ".77 W- Y` d� S It should be noted that toning Ordinance 9S00, Section 2806 provides that if the Commission has not taken legislative action on an agenda request for changes to a Major Use Special Permit after two regular meetin s of the Commission, the recommendation of the Planning Director will have been deemed to be approved. RECOMMENDATIONS PLANNING DEPT. Approval, these changes meet the sammt requirements as the original approval of the Major Use Special Permit. S •i. C q .S.:F kr _ • w r w (un) .to • Qf � � r• W • « (up in tr rn M�$ 0 °e • La • 3 V V •ot .M.S O • fo Un ~ h • N �• A s u N ; � ::;`:::;:::: N '0' N in N 1 t 0 IV800 t • u ^ a • • a u A co t0 " 00 3 C . N G 11 t0 _ d 4) 3t c/7 u r p Jn w C a U u in � v eo n .°.1xM COI L MO Q V t r1 In r w v a w �+ v x v w N Q v s s n • N in on v • _ w � o ^ a Q► o n in a � s ^ n O � r- f n An- N • � n 1A r A . in w � � a -N � r ► 1 O ♦ v t fa A ♦ .r f� p� ©I ®Qi I® M n ^ s on N �o N n N A N 0 M N N N N w e • w ..l �J- 7 vE. SW. '34 AVE, :01 "At ig to i LiA- PIF p 'jr�-;Jpj S. W. 33 AVE.. Ln 200 Vi 0 LA ftt wt-A m mom ,y i Ln �gPPI CA11ON FOR A MAJOR USE SPECIAL PERMIT File Number MU- 3 _Ifs 7; .ow � It is:intended that major use special permits be required where specif fed uses and/or occupancies involve matters deemed to be of city-wide or area -wide importance. The City Commission shall be solely responsible for determinations on applications for major use special permits. (See Article 28.) The City Commission shall refer all applications for major use special permits to the Planning Advisory Board and to the director of the Department of Planning for recommendations, and may make referrals to other agencies, bodies, or officers, either through the Department of Planning or directly, for review, analysis, and/or technical findinggs and determinations cnd reports thereon. (Section 2301.5.) Matthew Sciioencerg, authorized :gent I� for Miracle Center Associates hereby apply to the Director of Plan- ning of the City of Miami for approval of a Major Use Special Permit under the provisions of Article 28 of the City of Miami Zoning Ordinance. Address of Property 3300 Coral 4.ay, '-Iiami, Florida Nature of Proposed Use (Be specific) r mix=d use development; see curr=n- develop,ment -_ccram included in -Exhibit A hereto; see 'xhi: it 3 for a cor.parir= of approved a..e' oc^c.^.t ::rocra n� a-d modified deveicpmentnrccra77. Preliminary Application :.. I attach the following in support or explanation of the Preliminary Application: 1. Two copies of a "y o b 2. Affidavit disclosing ownership of property covered by application and disclosure of interest form (Forms 4-83 and 4a-83, attach to application). 3. Certified list of owners of real estate within a 37S foot radius from the out" boundaries of property covered by this application (Form 0-83, attach to appit46- tiort). . Page I of 3 Form I" Revised C 4. Maps of: (a) exism eve p an designations for around the property covered by this application. r 1 Ceneral location map. shod re1a#4F�-&the: site s reets, schools, existing NiAlliti , important physical features in and . and the like._ ii. Concept Plan xx (a) Site Plan and relevant information. Sections 510.2.3 (a through h) and 2304.2.1 (d through h). XX (b) Relationships to surrounding existing and proposed future uses, activities, systems and facilities. Section 2802.3.Zla). xx (c) How concept affects existing Zoning and adopted comprehensive plan principles and designations; tabulation of any required variances, special permits, change of zoning, or exemptions. Section 2802.3.Z(b). See # 8 7. Dewlopmentai Impact Study (an application far Development approval for a Development of Regional impact may substitute). = xx S. Other (Be gmCif(c) Exhibit C, David Plummer s Associates comparison of approved development program and traffic projections based on modified'development program dated July 8, 1988 revised July 14, 1988 !. Fee of $ , based on the following: (a) $.01 per sq.ft. of buiiding(s). Additional fees for any required special permits changes of zoning, or variances shall be in accord with Zoning fees as listed in Section 62-61 of the City Code. (b) Fee tabulation Bui Wing(s) Other (Specify) Public Hearing Fee Total c� Pop 2of3 • Fist li.q Final Aoolication I attach the following additional information in support or explanation of the final applications See Attached Exhibits "A", "B"-, and•"C" Signature Matthew Schoenberg, authorized agent, 66.0 " Authorized Agent Name Miracle Center Associates an 2151 LeJeune Road, Suite 300 City, State, Zip Coral Gables, Florida 33146 Phone 445-9494 This application is _ approved denied* in accord with City Commission Resolution No. other 5,6rgio Kodriguezq Director Planning Department Oat* • i"P3N3 • J �t ti w y+ Ay y A'... Xk gel y. wmw';; Exhibit "A" The Applicant wishes to amend the Miracle Center Major Use Special Permit, Permit No. 86-834, by changing portions of pages 1 and 2 of the Finding of Fact with Modifications. The language should be amended in the following manner: From: Development 17. The development proposes 645,897 gross square feet of floor area comprised of the following elements: Gross Square Feet Eleftnt of Building Area spaces Retail 80,283 Restaurants - dining 20,500 - live entertainment 4,780 Health Spa 14,620 Dance Studio 50,380 Theatres 44,857 2,270 seits r 10 thestrt3 Mall, Mechanical =; and Services 38,100 i =� Apartments 122,377 138 DU's- 330,897 Parking 315,000 998 spaces 645,897 This project meets the requirements of Ordinance 9500, and is further limited by applicable regulations and procedures and follows: The Schedule of District Regulations, Sheet 4 of 6, Cav3i7 Commercial -Residential (General) District, Zoning Qtii .. 9500, and the Miami Large Scale Development Cari'ttQ* meeting of July 15, 1986, whose members made recon"adatio"s, based on the conceptual plan and design schematics an file. dated July 1, July 17, and August 25, 1906, ppsaoace+d by Arquitectonica International Corpocation, Architects, fer the site bounded by Coral Nay on the south, ,.N. 33rd A s < on the east, and a point $25 feet went of S.M. 33sd Vrft� on the west. u� E; Additional parameters for the project are as follows: Parking Approximately 315,000 gross square feet for approximately 998 vehicles to be accommodated on 4 levels Height 235 feet (scaled) Stories 17 levels Lot area 4.4 gross acres Loading 11 truck bays and 4 compactor bays Estimated Date of Completion Phase I, January 1988, Phase II, October 1988 Phases Two The site contains approximately 1.7 acres of open space. The entire. perimeter of the project will be landscaped substantially in accordance with plans to be submitted by Arquitectonica International Corporation, Architects, prior to issuance of a building permit. To: Development 1. The development proposes 645,897 gross square feet of floor area comprised of the following elements: Gross Square Feet Element of Building Area Retail 61,956 Restaurants - dining 36,077 - live entertainment 1,000 Health Spa 18,133 Dance Studio 10,000 Theatres 50,444 Spaces r 2, 270 ss,�ctt t } w x}. Mall, Mechanical and Services Apartments Parking 48,142 104,569 330,897 315,000 645,897 99 Dula 1,022 spaces This project meets the requirements of Ordinance 9500, and is further limited by applicable regulations and procedures and follows: The Schedule of District Regulations, Sheet 4 of 6, CR-3/7 Commercial -Residential (General) District, Zoning Ordinance 9500, and the Miami Large Scale Development Committee meeting of July 15, 1986, whose members made recommendations based on the conceptual plan and design schematics on file dated July 1, July 17, and August 25, 1986, prepared by Arquitectonica International Corporation, Architects, for the site bounded by Coral Way on the south, S.W. 33rd Avenue on the east, and a point 625 feet west of S.W. 33rd Avenue on the west. Additional parameters for the project are as follows: Parking Height Stories Lot area Loading Estimated Date of Completion Phases Approximately 315,000 gross square feet for approximately 998 vehicles to be accommodated on 4 levels 235 feet (scaled) 17 levels 4.4 gross acres 11 truck bays and 4 compactor bays Phase I, November 1988, Phase ii, November 1989 Two The site contains approximately 1.7 acres of open spt400 The entire perimeter' of the project will be laodsoa�w substantially in accordance with plans to be subwittsd by Arquitectonica International Corporation, Architectst pet** to issuance of a building permit. a Exhibit "B" Approved Square Feet Actual Square Feet Element of Building Area of Building Area Retail 80,283 61,956 Restaurants - dining 20,500 36,077 - live entertainment 4,780 1,000 Health Spa 14,620 18,"133 10,000 Dance Studio 5,380 Theatres 44,857 2,270 seats 50,446 2,270 mats' 10 screens 10 saz*G" Mall, Mechanical and Services 38,100 48,142 Apartments 122,377 (136 Du's) 10� (99 DU'*) t 330,897 330,897 t Parking 315,000 (998 spaces) 315,000 (1,022 spaces)``' 645,897 645,897 '} ry�y r � t.;4 ?. •'� eft Flr� �t. +�-..� `� Se 1 Exhibit "C" DAVID PLUMMER & ASSOCIATES INC. CONSULTING ENGINEERS July 8, 1988 Revised July 14, 1988 Ms. Debbie Orshefsky = E? Greenberg, Traurig, Askew, Hoffman, y Lipoff, Rosen i Quentel, P.A. Q = 500 East Broward Boulevard, 13th Floor c Fort Lauderdale, Florida 33301 - cn _— Res Miracle Center - i6123 Dear Debbie, +. N The Developers of Miracle Center recently completed the as -built calculations of the land uses within that site. A comparison of those as -built conditions versus the sizes in the original traffic study, dated July 30, 1986, are summarized on Exhibit 1. Although there was an increase in the size of the Health Center there were off-settinq decreases in the residential and retail uses. (The retail uses include restaurants.) we made a comparison of the external two-way PM peak hour trip ends estimated by the land use sizes in the original study and the land uses under the as -built condition. To make this comparison we first calculated the External PM peak hour trip generation rates used in the original study. Note that the External Trip Generation rates shown on Exhibit 2 are, as in the report, adjusted for internalization, modal split• (walk on/buses), and the retail trips which are already on the road. This is the normal approach used to adjust free standing trip generation rates to rates for multi use projects such as this. Exhibit 3 contains the comparison of the difference (TE Difference) in trip ends between the study plan and the as -built conditions. That exhibit shows that the as -built condition add* only 12 two-way external trip ends in the PM peak hour. This represents only a 2.340 increase over the total external trip ends calculated in the traffic impact study. In our opinion, difference of twelve (12) two-way tzin ends, which re resent six (6) outbouUltr d six (6) 1ias trips, would in no way ravine lusions about the project's levels of service nor su roadway, improvts contained in the original traffic a tement. yours, ��id S. Plusa►er ' Difp/ q-JVLi YM :a Attacluusnts s - Uhib it 1, 1 and 3 _ eat Mt. Matthew 8ekoenberq etas sALIWO *TRttT • CORAL eA#M • K4RIOA 981"10 � i �rL s #4Us Revised Juir 14, 1001 axutslT 1 MZAACLs CSNTsn COMPARISON OF AS-SUILT'CONDIT201S TO TRAFFIC STUDY CONDITIONS Study Sise AS -Built 018e Land Use (Jnl_0_, I9,40) size_ Qitlasaaoaa z P Retail (Includinq Restaurant) 1008783 GLA 99,4107 OLA-1s374 BLS► Residential ISO Units to unite -41 Ihsits ' Movie Theatre 20270 seats 2,270 Seats 0 (10 Screens) •(10 Screens) Health Spa 20,000 WA 28,133 GLA 0,133 G" k y I Xw .J 4 i t p { .y ` J iz 'SR- 09:-41 :FEEIIBEF,; TFkJPN� r F.i XXXIRIT 2 04133 Revised July 14F 1919 sxte=nal PH leak NOW txternal PM Peak Hour Trip (imeration Rate Y -Trip Ends (Two -Nay) --- (TMo-Na ) ,and Tom, (July 30, 1986) (July 30 , 1R Retail (200,703 GLA) 226 2.24 TZ/1,000 CIA Residential (140 t)nits) 61 0.45 TZ/Unit Movie Theatre (10 screens) 142 14.20 TZ/screen Health Spa (2000 GLA) 4.20 Ts/1,000 GIA TZ Original Yffe—total site trip ends are adjusted for interna3lisat4oft, )M/�1►l ` '" splits, and on the road trips in order to estimate tbo ' �k external trip ands. =fi y f f { 1 r'il Z��+ N „ t+t i y�'yr L L,_j'EpV ■ I'And gig Astail Residential Movie Theatre wealth Spa t6123 "wised July 141 iM �— . Snr• S -oUILT :e�tniTIGpi Tun 2 Externaltol PM Peak Roar If~ Generation Rate Trip r i!losoocoo size 01!lerencee �.�(RY1lthit 21 '*"�`�� �• *'�bibit ll 2.24 TE/TZ 1,000 GLh - 2 -1,176 MA 0.43 TZ/Unit -if TZ : .41 Units 14.20 TZ/screen - 0 go Changm 4.20 TZ/1,000 �► +f, 133 G%A -Nay) Tl TZ Difference (PH Peak 8ouz T� Tezceotsye Dilleseno s (AS-BuiltConditions Vereus study size) +12 Ts 0 !f s no X 100 X 100 . +2.34• orjqL"I J i+tya. ,r3 i lob HCA� AFFIDAVIT '88 .11121 A 7 52 STATE OF FZ CgIDA ) SS. aXfiR7 OF DADS ) Before me. the undersigned authority, this day persorally aPPvr,ed Matthew Schoenberg who burg by rre first duly swum, upon oath. deposes and says: 1. That he is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by Ordinance No. 9SOO of the Code of the City of Miami, Florida. effecting the real property located in the City of Miami as described and Listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he represents, if any, have given their full and complete pe .. ion for him to act is their behalf for the change ,jr modification of a classification or regulation of zoning as set out in the acc=pa .& petition. j. That the psgea attached hereto and made a part of this affidavit contain the current names. mailis:g addresses, phone mmbers and legal descriptions for the real property which no is the owner or legal a up switative. 4. The facts as. represented iu the application and doce.-== submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. (pm 1 State of Florida at Larne My Com'$ssion Expires: . 0 it ■. O'6tNER'S LIST pwne!'s Nam! Miracle Center Associates, a Florida general partnership Nailing Address 2151 LeJeune Road, Suite 300. Coral Gables. FL 33134 Telephone Number 4 4 5- 9 4 9 4 Legal Description: Tracts "A" and "B", Miracle Center, according to the Plat thereof, as recorded in Plat Book 130, Page 67 of the Public Records of Dade County, Florida. Owner's Naas Mailing Address Telephone Number Legal Description - Owner Is Name Mailing Address Telephone Number Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375' of the subject site is listed as follows: NO�tE Street Address Street Address Street Address Legal Descriotion Legal Description Legal Descriptim at 0 HE 4 Y—, DIX14SM CF %NMHIP '88 .LI 21 A 7 52 1. Log" description and street address of subject real property: Tracts "A" and "B", Miracle Center, according to the Plat thereof, as recorded in Plat Book 130, Page 87 of the Public Records of Dade County, Florida. 2. Owner(s) of subject real property and percentaqe of ownership. Note: City of Miami Ordinance No. 5419 requires disclosure of all parties Fav nq a financial interest, either direct or indirect, in the subject natter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of all shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and pr000r ionate interest. SEE ATTACHED SCHEDULE A. 3. L"" descries on and street r•Rsa Of any real Prope:t I (at) owned by any pasty listed in answer to question 92, am) (b) :ccateci wi• iLn 375 feet of the subject real.property. NONE. STATE or FLCRIDA ) SS: Matthew Schoenberg , bring d„ ly sworn, depowo and says thn no is the -wner ttorney or Owner) of the real property described in answer to question 01, abonet that he has read the foregoing answers and that the same are true and cmpletet and (if acting as attorney for owner) that he has authority to e:ecvte this Disclosure of Ownership foss on behalf of the owner. 1"!Y C�tiSfiZ1 O�TR6i i '� w a....r •. 1"s (o+mr) A. MIRACLE CENTER ASSOCIATES CORP. 1. Ownership: Bernardo Fort -Brescia 30.2% Matthew Schoenberg 49.8% 2. Officers and Directors: Matthew Schoenberg President and Director Bernardo fort -Brescia Secretary and Director B. MIRACLE CENTER INTERNATIONAL CORP. 1. Ownership: Paul Fort 50% Rosa Fort 504 2. Officers and Directors: Bernardo Fort -Brescia Director, President and Secretary C. MIRABAR, INC. 1. Ownership: Sunbelt 1004 2. Officers and Directors: Derri Ferehas President, Secretary and Director Alan M. Knight, Director Alan Murqatroyd, Treasurer, Director Peter Honiball, Assistant Treasurer h a. SUMLT DICY LOPZRS CO. L. Ownership: Debratex 900 Al A. Grillo lot 2. Officers and Directors: DWr1 b. ORMATEX, INC. 1. officers and Directors: Assistant -Treasurer Derri Farsham president, Director Alan H. 1tni9ht Vice-president, Director Alan Nurgatroyd Secretary, Treasurer A.R. Dorrestein Director P- :L _ ?f t u� �%`'R - .. '.si �:...r--� `�,;: !ti rt�{fr �i' `Y:�i�r �r .`, SM �Q �k •„3 ���, .ri r 1� ry': �Iftt j� .•� • t �s.� � t'. V 5 � � 4 ri^.. .cx.:4-i Jar►RtT 0 ASPON ra RNANDO C ALONSO Ct SAP L ALVAPt2 LINOA C ANOS(Mt PUOOLPM r ARAaOM Aff"I L GAPS- MILARIt SASS ALTss& M SAUMGARTaN NORNANJ 69"roma LISA J Sa PaaP MAP. O *LOON L(ONAROO r 61111110 rSANclo S 0*O04N. 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SILVa RMAN STUART M slNOtw NOLLT 0 640LM/C4 DAVID P 90rTN&s5 LAWRA P STtPMtNSON OAVIO J TANS♦ I.AUSA M ♦MO..AS OSVALOO r TOPI.tS ROSt RT M TRAuNIG J&RAOLO A SION ROStwTM MOLT TIMOTMT D INOLrt 5M19ILA MOLrsoM •DAM 5. 2looto LACNART M MOLIr (w4TIPt51 MIAMI OIrICt -"I SIMICRt LL AVcNut .IIAI.I. rLOt11DA »I]I TeLtPMONts MIAMI (305) 5 TO - 0500 000WASD :309) S23 $III Tt Ltt 00 3124 19LsCO►r I305) S79•0717 Masi, PALM SaACM Or►ICt 100 AVSrRALIAN AVaNWa • !WITS aO� MIST P.LM S&ACM rLOPIDA 23400 i4071 s5] - ss1l 't"COPT 14071 662 SA+.T oil"&No Orrlct SDO CAST SPDMARD 00069VANO • SWI+a 135O ►OPT LAWOCROAL(. ♦LORISA 55550 (3051 TSS •0600 TtL&Cow (3061 TSS &TT MRIT(R S DIRtCT NO (305) 579-0533 ftc^" 09puy TOl MIAMI OIrIC[ August 4, 1988 VIA -HATED DELIVER? Mr. Guillermo Olmedillo City of Miami 275 Northwest 2nd Street 3rd Floor Miami, Florida 33128 Re: Application to Amend the Miracle Center Major Use --- Special Permit Dear Mr. Olmedillo: Enclosed is a copy of the fully executed application to amend the Miracle Center Major Use Special Permit. According to our records, the original application was filed during the last week of July. In the event that you cannot find the original, we will gladly execute a new application. However, it is important to our client that this application not be delayed. Should you have any questions or need anything furthmr, please do not hesitate to call. i 0 'F3 3e ,y1 '!1 Jar/wCY R AOMON rewNANDO C.•LON{O CeSAM L ALVANU LINOA C. ANOWe" MUDOLRM r ARAOON .900I6 SAM{M N,LAMIt {ADS ALYSSA M sAUMOAOY9% NORMAN J {eNrOOD LISA J 690090 MAMMI O {LOOM LtDMAROO r {M/TO •RAMCI{ s. 0000AN. JR sup" Sou TpN STCVe SULLOCII Masao" R. suwL'NOTON ALsaMTO R CAMOCNA{ ~ILLiP J CAIWtw RICNAwe O. CNtnoY Sua M COSe AtNOALL S Corm" DIANa M CONNIrr 40"ItY D OtcAMLO OSGA.R O OtIJ QUARoIA ALSSMT A. N CASTILLO ALAN T DIMOND LUCIA A. DOLIOMeRTV CMAMLaS IN COQAN. DI SU"N O. CLSCV MCNo" M. (SUCAY) r0K MOsawT J. rRICOMAN MOQeRT C. OANO OICMAMO O. OAMRCTT 001A14 K. QARY OOUCe IM QILCS IILCIN OICMAND J QIusTO LAM/naNCe 00 OrSA V LAW OrrIC[S GRtemsena. TRAURIG. HOrrMAAI, Llrorr. ROs[N a GU[NI?tL, P. A. ALAN s. GOLD Steve" t GOLDMAN STtVtN M OOLDSMITb JOsaRN O OOLOSTtIN LAWRCNCe s 0000oN MATTNew {_ GORDON OIANNa ORa CNSCMO MtLVIN N OwceNScoO MOSIEWT L GROSSMAN CAw/ACN AI-CONAND92 LISA A NIRscM ReNNCTN C MOrrMAN LANOW J. MOrrMAM MARCOS O. JIMaNaZ MARTIN %ALO LOM it. tIL{aRO -IMOTMT t AIsM STavaM J. -NAV,T: STCVCN A. LANOT ALAN {. LCOaMMAN QARY A. LCVINSON MOMMAN N Llwor► CAMLOs a. LOUMICT JUAN w LOUMICT NANCT LUW#A•CONCN Douce a MAGOONOUQM MasaMT w MACINA ANOnew L. MAN" 09000J. MAOMOSCc•rMAOA JOCL O. MASCR JUAN J. MATOL, JO. WILLIAM Lea MtOINNCSs JONN ♦. MCTCDaw LOUIS M. MO ITCLLO. JM. AWCIA M. MOMALaS JANCT L. O'ORIaN ASOCCCA N. ONAMID Das{It M oosMa►smv STtVAN J wAwDO OLOA a RARRA MAR{MALL M RA{Tt KNACK SYMC30" O. RtTtwse" AL{CMT D. OUCN"tL JOaI RcIN{Ta1N MAw11 J Rcl{MAM LUIS MtITtO CON{TANCC M w,DDtw ANDReS WVtRO •tNMtTM { 006INSON . N,CMOLAS ROC IIWcLL RAOUCL A. MODINQuat ALAN M ROLN/CA MAwVIN s MOSCN MTCMAMD A MOSaNsAUM MONALO M 000914OAR79N DAVID L. Ross ALO[N C. M000LIM OARY A. SAUL CLIrrOwO A. {CMULMAN MARLaNa A slLVtONAN STUAOT M {INQCM MOLLY R SKOLNICK DAVID w. 600rmces LAUMA R STaRMCNSON OAVIO .4. TANSY LAuRA M TMOMAS OSVALDO or Townes Masao" M. TMAUMIO JawwOLO A. WISH MOSaMT M WOLr TIMOTMT O. WOLra 96091LA WOLMON ^DAM S. zIMaM " IACMAMT N. WOLA (Rc"IIKs) Mr. Guillermo olmedillo Planning Department City of Miami 275 N.W. 2nd Street, 3rd Floor Miami, FL 33128 Re: Miracle Center Dear Guillermo: 000WA00 Orr/Ct 900 tAST {Mpw^00 SOULCVAOO • SUITS 1390 rowT LAu DUNDALL rL00IOA aii OA (3081 70S - OSOO TtLCCO►T (309) 7e9•047T MIAMI Orr1C e laW SMICrt CLL AVCNUa MIAMI, rLOMIDA 3313, TcLawMO,Nts MUM, 1303) $TO.0900 {MOWAOO (309) S23 • ell, TCLaa 00 - 3124 TtLC OOV (309) S79•0717 WCST BALM S[ACM OrrlCe 100 AUST'RALIAN AVCNUe • SUITS {OI we*? PALM SLACM, 0`60A10.A 334" (.071 603.0011 TICLCCOw. (4071 Sea • eM7 July 19, 1988 •Lulls MtrlT TO: 940OMAwe ernes We are hereby submitting an application to modify the Major Use Special Permit for Miracle Center, Resolution No. 86-834. These changes, as reflected c,n Exhibit A to the enclosed applica- tion, involve certain shifting of square footages of use within the previously approved building envelope. These changes are the result of unexpected changes in our tenant mix but, as reflected in the traffic analysis prepared by David Plummer and Associates, attached hereto as Exhibit C, the traffic impact of the modified development program is essentially the same as that of the ori- ginal approved development program. Since the primary issue in the original approval was traffic, we are confident that based upon the enclosed information, you will agree that the proposed modified development plan should be approved as submitted. 01 r �n, �L �t _j gltrLAt 4 July 19, 1988 Mr. Guillermo Olmedillo Page 2 In view of the fact that this project is approaching comple- tion and that tenant spaces are being prepared for an October opening, we appreciate your agreeing this morning to continue to issue building permits for tenant improvements pursuant to the originally approved building permit for the overall structures however, we understanding that no Certificates of Occupancy beyond those for space as originally approved in the Major Use Special Permit will be issued until the Major Use Special Permit is modified pursuant to Section 2806 of the City of Miami Zoning Code. Also enclosed is a "hold harmless' letter executed by the developer of this project to reconfirm the assurances we gave you this morning. By copy of this letter to Ms. Gloria Fox, we are requesting that she advise us of what the public hearing fee will be on this matter so that we can provide that as soon as possible. Also, we have requested the necessary certified list of owners within a 375-foot radius and will provide that to Ms. Fox as soon as possible. we appreciate this matter being placed on a City Commission agenda for consideration at their first zoning hearing in September. We appreciate your continued cooperation in this matter. if you require any further information to complete your review, please do not hesitate to contact me. Very my o , bbie M. Orshefsky DMO/rn Enclosures cc (w/encl.)s Mr. Matthew Schoenberg Mr. Joseph McManus Mr. Joseph Genuardi Mr. Sergio Rodriguez Ms. Gloria Tox is .S _ q MIRACLE CENTER ASSOCIATES July 20, 1968 Mr. Guillermo Olmedillo Planninq Department City of Miami 275 N.W. 2nd Street 3rd Floor Miami, Florida 33128 Re: Miracle Canter Dear Mr. Olmedillo: In consideration of the City's agreeinq to continue to issue building permits for tenant improvements as set forth in Debbie Orshefsky's letter to you of July 19, 1988, on behalf of and as an authorized representative for Miracle Canter Associates, I am hereby confirminq that Miracle Center Associates will hold the City harmless from any monetary damages arisinq from the City's issuance of buildinq permits for square footaqos of use in excess of those approved in the Miracle Center Major Use Special Permit, Resolution No. 86-834; provided, however, this hold harmless is not in any way to be construed as a waiver of Miracle Canter Associates' rights to challenge a denial, if any, of the modification to its Major Use Special Permit for which an application is now being filed. Very truly yours, MIRACLE CENTER ASSOCIATES, a Florida General Partnership Matthew 8 oenborq, Pros n Miracle Center Development , General Partner W/M $65 f• COPY OF - rt 4• � Prwious Analysis and Resolution 86-836 Miracle Center Major Use Special PernAit • , ��� � �=max �: �. K fief6 ! a i. 0, e'er..-,+:��'' _,o .. ., .. _ ...., c :h1..:.ali�ia!'��� E�•.aaf.„ __ ., .1.',�' � 'ko.:a:,i�i4te✓..a Planning Advisory Board •oM I ��i . ,/Af� �i rq� Rodriguez, Director Planning Department PROJECT DESCRIPTION 41-A01, -UC" v• .t ATt September 11, 1966 ,1-9. trtPt-4cts `tCL_SJRt! Analysis and Recommendation - Miracie Center Project Miracle Center Associates has proposed a 3.5 net acre project bounded on the south by Coral Way, on the east by S. W. 33 Avenue, and a point 625 feet west of S. W. 33 Avenue. The site is located within a commercial corridor existing along both sides of Coral Way, and is zoned CR-3/7 Commercial -Residential (General ) District. The nixed use development will contain approximately 80,283 gross square feet of retail uses; 20,500 gsf of restaurant dining uses; 4,780 gsf of live entertainment area directly related to restaurant uses; 20,000 gsf of health spa uses; 44,8S7 gsf for 10 theaters; 38,100 gsf for the mall, mechanical and services areas; 122,377 gsf for 138 apartments; and 315,000 gsf for 998 parking spaces; for a total of 645,897 gsf. The Miracle Center Project meets the criteria for a major use project per Article 28 of Ordinance 9500, being in excess of 200,000 gsf of business and commercial uses excluding square footage assigned to parking. ANALYSIS For projects subject to the requirements of Section 2302.2.3 of Zoning Ordinance No. 9500, Developmental Impact Study, the following considerations have . been addressed by the applicant: Relationship to Comprehensive Plan The site is designated General Commercial use on the Miami CompreAensive Plan Neighborhood Plan. The requested mixed uses are compatible with this designation. Existing Zoning The zoning assigned to the site is CR-3/7 Commercia1•4"148to#1 (General) which permits the requested mixed us": retail, r"t"rat, theatre, and, residential. NO zoning change or variance ie 60%j requested. yg�•r: 4F L k� ps"Iof) r Relationship to Surrounding Uses The subject site is bordered on the east, west and south by existing commercial, retail, restaurant, and theater uses. Immediately to the north of the site is an existing single-family residential neighborhood. The close proximity of the project to this established neighborhood may create both a traffic and visual imoact. The developer is attempting to provide a visual separation on the north in the form of a 10 foot wide densely landscaped buffer, and combining this with a decorative six foot high masonry wall. This buffer will serve to minimize the view of the loading and service areas, as an intervening 20 foot service road will place the structure a minimum of 30 feet from the rear property line of the residential units. The second phase apartment units and the three levels of parking cannot be shielded, but the parking levels can be treated in various architectural modes to present a relatively pleasant appearance. The potential of traffic impact will be addressed in another section. Economy The property is currently generating no taxes or employment, having been abandoned for a number of years. The proposed project, being a major use, will generate substantial taxes and employ approximately 422 persons. This particular portion of Coral Way has not seen any new activity for some time, and the applicant suggests that the construction of this project could stimulate new development or major renovation in the immediate area. WASA The Miami -Dade Water and Sewer Authority has informed the applicant that WASA does have adequate water lines and gravity sewer mains surrounding the site. The Authority also has sufficient plant capacity for treatment of the sewage. No treatment will be necessary on -site, although the customary grease trap facilities will be required to handle restaurant and food operation. After final development plans are prepared, the applicant may request the Authority to prepare an agreement for water and sewer service conditioned upon approval' of various regulatory agencies. Approximately 260,000 gallons of potable water per day is required by this development, including all uses. WASA has stated that its present lines and system can handle that water demand. Fire Flow Water Atlas records indicate that there is a 24 inch water win n"Inq within the Coral Way right-of-way. Fire Department f ire . flow tests k indicate that the existing main meets the flow requiremmKnts of Fire Flow Ordinance No. 74-96. The Fire Department will require additional ftr+t hydrants, and will review all plans to assure proper place t of tho hydrants. YN Y w, Page 2 of 7 .4 Fire Protection Under the South Florida Building Code the structure must be constructed with certain fire suppression capabilities. This type of new construction will have no adverse impact upon existing fire protection capabilities in that service area, although there may be an adverse impact upon the ancillary emergency medical and safety inspection functions. This project will also be subject to any future City impact fees. Prior to that time, the applicant will be required to enter into a fair -share agreement with the Fire Department for the provision of fire services. Public Safety The Police Department does not foresee any problems in providing routine public safety services, but recommends studies exploring the need for a traffic light at Coral Way and S. W. 33 Avenue, the possibility of a left -turn lane on Coral Way. The department would also like to review any additional traffic data that specifically relates to traffic volumes generated by multiple -theater operations. The department will continue to work with the applicant to minimize any future problems concerning traffic flow, parking patterns, and security. The project will also be subject to any future City impact fees, and will be required to enter into a fair share agreement for the provision of police services. Solid Waste Approximately 3,654 pounds per day of solid waste will be generated by the project. All waste generated by this project will be handled by private disposal companies by direct transport to Dade County facilities. Electric Power .Florida Power and Light Company has stated that their existing facilities can adequately handle the requirements of this development. Surface Drainage The site will utilize an interconnected drainage system, with runoff collected in catch basins and routed to sedimentation boxes. Injection pumps will discharge the runoff to drainage wells reaching the Biscayne Aquifer. Catch basins receiving water from vehicle washdown areas will be connected to oil and grease traps. The developer has agreed to abide by Florida DER and Dade County DERM environmental guidelines in connection with reducing potential impacts to ground water f r= pollution, runoff or salt water intrusion. Dredge and F i l l No dredge and fill operations art required in either Phase I or in Mwe <, II. f�Y �r g i+k T Page 3 of 7 l Housing The second phase of the project will contain 138 rental apartments, and occupy levels eight through seventeen. These units will increase the avail abil ity of rental housing in an area where such housing opportunities are not widely available. Public Transportation Since the project fronts on Coral Way, both patrons and residents will have ready access to a number of Metrobus routes. It is recommended that the building management provide a mass transit information board in the lobby. Off Street loading The plans for the project provide for 11 truck bays and 4 compactor bays, all of which are located along the northern edge of the structure. All of the berths will be separated by landscaping and a masonry wall from single-family homes to the north. In addition to the landscape screening and buffering, all berths can be fully concealed by roll -down doors. Trucks can reach the berths from S. W. 33 Avenue, or from Coral Way at approximately S. W. 35 Avenue. Final construction plans must meet Public Works Department standards regarding truck turning radii so that all berths will' be usable. Park in The applicant is committed to supplying 998 off-street covered parking spaces, 163 more spaces than required by the zoning code. While staff has expressed some concern regarding the internal vehicle movements required for parking, the applicants' parking consultants, Meyers Parking System, Inc., has stated that the entrance and exit ramps were designed for maximum ingress and egress during theater surges. The location of the ticket dispenser was also selected to provide extended stacking on the incoming ramp. The consultant also states that the elevators were located to maintain a "consumer acceptable" distance from the furthest parking space. They conclude that the proposed parking arrangements will operate in a safe and efficient manner. A major tenant, General Cinema Corporation, states that the site plan for the mall and parking garage was found to be ideal to facilitate repeat theatre patronage. While the number of spaces being provided is considerably in excess of that required by code, questions have been raised by both the Planning and Public Works Departments as to the possible effect of the stated 4,780 gsf of space for "live entertainment." The Public Works Department is concerned that if "live entertainment" is in essence a "disco" that, the requirement of 63 parking spaces for "disco" use on be inadequate, and the impact on traffic movement much greater then "o square footage figure might indicate. It should be pointed out that the Pale 4 of 7 applicants' traffic study did not deal with the questions of "disco" impact, if indeed that footage was entirely or largely devoted to "disco" use. Also, the Public Works Department is still concerned with the ability of trucks to move in and out of the service areas, and with the circulation pattern for passenger vehicles within the parking garage. Approximately 154 parking spaces will be set aside for use by the occupants of the apartments. These spaces will be segregated from the remaining parking spaces, thus providing additional security for the dwelling unit tenants. Roads The applicant's preliminary plan dated July 11, 1986, proposed three major road improvements: a traffic signal at Coral Way and S. W. 33 Avenue; a widening of the median cut at S. W. 33 Avenue; and the installation of a left turn lane at Coral Way and S. W. 33 Avenue. These proposed road improvements would have been more than required based on the traffic data submitted by the applicant's traffic consultant. Also, an extended period of time would have been acquired to obtain the necessary permits from State and City agencies. Because the State of Florida has designated Coral Way as a Historic Highway, a public hearing is required whenever any alterations are proposed to the roadway or to trees in excess of six inches in diameter. In a comparable action, the City of Miami passed Ordinance No. 9897, designating Coral Way as a Scenic Transportation Corridor. The current plan of August 25, 1986 is proposing only a traffic signal light at S. W. 33 Avenue and Coral Way, no changes in the median, and no disturbance of trees. This plan is accompanied by additional traffic analyses, prepared by David Plummer and Associates, dated August 29, 1986 which confirms that the signal light, with no other changes, can accommodate the traffic generated by this project. This finding has also been confirmed by analyses conducted by the Planning Department, 'and by the Dade County Public Works Department. The applicant, at his cost, must prepare a Traffic Warrants Study to request permission for the signal, and additional traffic counts must be conducted by the applicant and analyzed prior to validating the signal only approach. The feasibility of the signal only approach is also dependent upon the approval of the Dade County Public Works Department to phase the proposed signal at S. W. 33 Avenue with the existing signal at S. W. 32nd Avenue. Presumably, the Traffic Warrants Study can resolve that issue. The question of rapid ingress and egress between S. W. 33 Avenue is of utmost importance, in preliminary analysis indicates that any traffic Avenue would tend to divert increasing numbers adjacent neighborhood. The applicants traffic Page S of 7 the vehicle rasps and that the departments' p slowdown on S. W. 33rd t` of vehicles into the study states that the 4 1 � C� concern is primarily a perceptual one which is not confirmed by the projected traffic counts that would be generated within the adjacent neighborhood by this project. In analyzing the possible neighborhood impacts the traffic study defines an "acceptable" level of residential street traffic when traffic volumes are equal to or less than 2.00 vehicles per minute. The highest Projected volumes generated by the Miracle Center project were equal to 1.0 vehicles per minute. The peak volume (9:00 PM to 11:00 PM) found within the neighborhood impact study area at'present is approximately 1.4 vehicles per minute. RECOMMENDATION APPROVAL. Based on conceptual plans dated August 25, 1986, subject to the following conditions: a. The design of vehicular egress on the eastern boundary of the site shall eliminate any possibility of traffic moving northward on 33rd Avenue. No left turns shall be permitted upon exiting the building onto S. W. 33 Avenue. The final plans must be reviewed and approved by the Department of Public :forks and the Planning Department. b. A traffic study is to be undertaken similar to the "Traffic Monitoring Program" submitted by the applicant, under the direction of the Planning and Public Works Departments, at the expense of the applicant, not to exceed Fifteen Thousand ($15,000) Dollars, one year after the issuance of the Certificate of Occupancy for the theaters, in order to establish the degree of traffic intrusion into the adjoining residential areas as a result of this development. If the traffic volume is found to increase fifty percent (50%) above the present volume, or the traffic on any link exceeds two vehicles per minute for any time period between 9:00 p,m. and 11:00 p.m. Friday through Sunday, on any link north of the project as indicated in Exhibit 1 of the "Traffic !tonitoring Program: dated August 29, 1986, prepared by David Plummer 6 Associates, the Department of Public Works and the Planning Department may propose to the City Commission the closing to traffic of 33rd Avenue from the northern boundary of the subject property to 21st Street, or alternative remedial measures. If the City Commission approves the closing to traffic, the applicant shall, at his sole expense, design and build a cul-de-sac, or an equivalent device, to allow turn around movement without affecting neighboring properties. The plans shall be prepared to the satisfaction of the Department of Public Works. If 33rd Avenue were to be closed to traffic, the portion of this street to be closed shall be landscaped and maintained permanently by the applicant according to conditions established in a covenant to be prepared prior to the issuance of a building permit, and subject to review and approval by the Law Department and the Planning Department. The landscaping plan for S. W. 33rd Avanw must be prepared to meet conditions established by the Plamniog Department. Page 6 of 7 89 ""' The applicant must deposit a bond or Letter of Credit for fifty Thousand (f50,000) Dollars with the Planning Department for a period running 2 years from issuance of a certificate of occupancy in order to insure compliance. c. A traffic signal light is to be installed at S. M. 33 Avenue and Coral May at the sole expense of the applicant prior to issuance of a certificate of occupancy. d. The north landscaped buffer area shall be increased from 10 feet to 20 feet in depth, and heavily landscaped to buffer the adjacent single-family uses. The landscape plans shall be approved by the Planning Department prior to issuance of a building permit. e. The owners shall be responsible for perpetual maintenance of the access easement and all landscaping. f. All required parking located within the structure shall be provided without charge to patrons of the building. This requirement shall not preclude the use of a ticket validation -system. g. Loading hours shall be restricted to occur only between the hours of 7:00 a.m. and 5:00 p.m. SR/JAL/rj r_y tirverr^� �YYJ iI y- v�:oY „� a ► Q l�,C. tL .11 P J-86-879 10/23/86 RESOLUTION NO. 86 -8 3 4 A RESOLUTION ISSUING A MAJOR USE SPECIAL PERMIT ATTACHED HERETO AS EXHIBIT "A”; APPROVING WITH CONDITIONS, THE MIRACLE CENTER PROJECT PROPOSED BY CORAL WAY ASSOCIATES, LTD., AND DECORATIVE ARTS PLAZA, INC. LOCATED AT APPROXIMATELY 3301- 3501 CORAL WAY (SW 22 STREET), MORE PARTICULARLY DESCRIBED HEREIN AS THE EAST 625 FEET OF TRACT B CORAL GATE SECTION D, PLAT BOOK 50, PAGE 34 OF THE PUBLIC RECORDS OF DADE COUNTY; MAKING FINDINGS; INCORPORATING A DEVELOPMENT IMPACT STUDY BY REFERENCE; PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE BINDING ON THE APPLICANT AND SUCCESSOR IN INTEREST; AND DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER. WHEREAS, it is the intent that the Major Use Special Permit shall be the instrument for implementing by one action, authorized for issuance by the City Commission, all changes in the adopted Comprehensive Plan, zoning district classifications, other zoning actions or other City ordinances that would otherwise be necessary to the accomplishment of the objectives sought in the application for Major Use Special Permit; and WHEREAS, Coral Way Associates LTD., and Decorative Arts Plaza, Inc. submitted an Application for a Major Use Special Permit per Article 28: Major Use Special Permits: Detailed Requirements of Zoning Ordinance 9500, for the Miracle Center Project; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 17, 1986, following an advertised public hearing, adopted Resolution No. PAB 30-86 by a 8 to 1 vote, recommending approval of a Major Use Special Permit for the project; and WHEREAS, the City Commission has conducted a public hearing, having considered the Application for Major Use Special Permit and the recommendations of the Miami Planning Advisory Board; and WHEREAS, the City Commission has determined that all legal requi rgMnU have been complied with; and WHEREAS, the Applicant voluntarily offered to contribute the un of $15,000 to the City of Miami to be used by the Day Care Division of thg Ciar of Miami Parks .and Recreation Department to provide day,. C&WCMIA_ Ca services and facilities within the City of Miami. r cabommilimu .. =1W 0% A WHEREAS. the City Commission deems it advisable and in the best interests of the general welfare of the City of Miami to issue a Major Use Special Permit as hereinafter set forth; NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section 1. The following findings of fact are made with respect to the project: a. The Commission has determined that the project is in conformity with the adopted Miami Comprehensive Neighborhood Plan. b. The Commission has determined that the project is in accord with the district toning classification of Zoning Ordinance 9SOO. c. The City Commission finds that the project would not create adverse impact on air quality, ground water, soils, animal life, vegetation, wastewater management or solid waste disposal, and further finds that it would have a number of positive impacts including: 1. A projected 422 permanent new jobs would be generated by the project. 2. The project will include 138 rental apartment units, which are in generally short supply within the City of Miami, and will contain approximately 998 parking spaces, more than are required under applicable zoning regulations. d. The City Commission finds that the adverse impacts related to water demand, energy demand, solid waste generation, demands on public services and traffic generation will be mitigated by the conditions set forth in Exhibit "A". e. The City Commission finds that: 1. The project will have a favorable impact on the economy 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; aesl .„ S. The project will have a favorable impact on the env irsome t . natural resources of the City; and :"; ` 10 S. The project will not adversely affect living conditions in the neighborhood; and 7. The project Mould not adversely affect public safety; and 8. That there is a public need for the project. Section 2. A Major Use Special Permit, attached hereto as Exhibit "A" and made a part hereof by reference, approving with conditions, the Miracle Center Project, proposed by Coral Way Associates, LTD., and Decorative Arts Piaza. Inc., for approximately 3301 Coral Way, being the east 625 feet of Tract B Coral Gate Section D, Plat Book 50 Page 34 of the Public Records of Dade County, be and the same is hereby granted and issued. Section 3. The Major Use Special Permit, as approved, shall be binding upon the applicants and any successors in interest. Section 4. The City Clerk shall send copies of the herein resolution to affected agencies and the developer. PASSED AND ADOPTED thi s 2= day of October 1986. TUK ATTEST- i PREPARED AND APPROVED BY: W WLLL A IST ANT CITY ATTORNEY APPROVED A6 TO FORM AND CORREFT T: � t ' swan n. WWFAnLr%1 T 1 CITY ATTORNEY .!ram-,�.�_..•$.. A 04 EXHIBIT "A" MAJOR USE SPECIAL PERMIT Let it be known that the Commission of the City of Miami, Florida has considered in public hearing on October 23, 1986, the issuance of a Major Use Special Permit: and has considered the detailed requirements of Zoning Ordinance 9500 in connection with the development known as the Miracle Center Project proposed by Coral Way Associates Limited and Decorative Arts Plaza, Inc., to be located in the City of Miami, at approximately 3301-3501 Coral Way, being legally describ_ as; East 625 feet of Tract 8 Coral Gate Section D, Plat Book 50 Page 34 of the Public Records of Dade County, Florida being subject to any dedications, limitations, restrictions, reservations or easements of record; and after due consideration of the recommendations of the Zoning Board and Planning Advisory Board issues: A Major Use Special Permit subject to the following modifications: FINDING OF FACT WITH MODIFICATIONS Development I. The development proposes 645,897 gross square feet of floor area, comprised of the following elements: 01 Gross Square Feet Element of Building Area Spaces Rota 11 80,283 s Restaurants - dining 20,500 _ - live entertainment 4,790 t ..5 Health Spa 14,620� , Dance Studio Theaters 44,857 t Pow I of 9: , li II { h POA 0% Matt, Mechanical and Services 38,100 Apartments 122,377 138 DU's 330,897 Parking 315,000 998 spaces 645 ,ts97 This project meets the requirements of Ordinance 9500, and is further limited by applicable regulations and procedures as follows: The Schedule of District Regulations, Sheet 4 of 6, CR-3/7 Commercial -Residential (General) District, Zoning Ordinance 9S00, and the Miami Large Scale Development Committee meeting of July 15, 1986, whose members made recommendations based on the conceptual plan -and design schematics on file dated July 1, July 17, and August 2S, 1986, prepared by Arquitectonica International Corporation, Architects, for the site bounded by Coral Way on the south, S.W. 33rd Avenue on the east, and a point 625 feet west of S.W. 33rd Avenue on the west. Additional parameters for the project are as follows: Parking Approximately 315,000 gross square feet for approximately 998 vehicles to be accommodated on 4 levels Height 23S feet (scaled) Stories 17 levels Lot area 4.4 gross acres Loading 11 truck bays and 4 compactor bays Estimated Date Phase I, January 1988, Phase II, October 1988 of Completion Phases Two The site contains approximately 1.7 acres of open space. The entire perimeter of the project will be landscaped substantially in accordance with plans to be submitted by Arquitectonics> International Corporation, Architects, prior to issuance of a building permit. Dave 2 of 9 Pk This per"lt contains the conditions for a Major Use Special Permit per Article 28 of :cn;ng Ordinance 9500, and said conditions are applicable to the entire project. THE APPLICANT SHALL: 1. Use only native and other non-invasive species adapted to South Florida climatic conditions in project landscaping. The landscape plan shall be prepared by a Florida registered landscape architect with final plans approved by the Planning Department. The owners shall be responsible for the perpetual maintenance of all landscaping. 2. Implement best management practices to minimize air pollution to include: a. Provision of an information board in the lobby containing mass transit information, such as bus and metrorail schedules and routes, to project tenants; b. Provide at least two percent of all parking spaces for car or van pool parking; C. Establish and operate a van or car pool program in order to encourage ride sharing and make information readily available; d. Provide bicycle storage areas in the parking area. 3. Incorporate the following energy conservation measures into the development: a. Individually metered. tenant- controlled air conditioning. b.• A variable air volume system for aic-distribution, where feasible. c. Maximum use of task lighting in work areas. d. Centralized energy control system that will provide start/stop optimization, time of day scheduling, electrical demand limiting. night temperature setback/setup, programmed maintenance, and buildii#g lighting control. {; 4. Collaborate with the City to incorporate security !"Sure$ &pd, , 8c F „?i'• into the design and operation of the project; seCuri ly Page 3 of ra construction documents to be reviewed by the Miami Police Department (at their option). Sufficient exterior lighting should be provided to deter criminal activities. Coordination between the Police Department and the private security force for the project must be developed prior to opening of the project. S. Obtain all necessary permits from Dade County Water and Sewer Authority Department for the provision of water and wastewater services to serve the project. 6. Notify State and local historic preservation officials in the event any potential significant historic or archeological artifacts are uncovered, and delay construction for up to 3 months, if requested, for survey and excavation of the discovery. 7. Work with the City to prepare a Minority Participation and Employment Plan to be submitted within ninety (90) days of the issuance of this Major Use Special Permit. S. Prohibit vehicles from backing out onto S.W. 33rd Avenue upon completion of construction. No left turns shall be permitted upon exiting the building or the service road onto S.W. 33rd Avenue. Left turn prohibitions shall be accomplished by driveway configurations and signage which shall be subject to approval by the Public Works Department. 9. Prepare a parking management plan prior to issuance of a certificate of occupancy, which shall be subject to approval by the Public Works and Planning Departments. 10. Prior to issuance of a certificate of occupancy prepare a loading management plan which limits service vehicles and garbage trucks to the hours of 7:00 a.m. to 5:00 p.m, which plan shall be subject to the approval of the Planning and Public Works Departments. 11. If required, allow the City to place radio antennas and roiaUd of mar structures on the roof for the C i ty' s emergency communication syi,, dp Page 4 of 9 accordance with Department of Building and Vehicles Maintenance requirements. The applicant is to retain all rights of architectural approval. 12. Enter into agreements with the City within one year of issuance of this Major Use Special Permit, to contribute a fair share of police and fire capital facilities needed to resolve City concerns,and comply with the requirements of an impact Fee Ordinance if the City enacts such an ordinance within the next five years. The fair share contribution is to be considered an offsetting credit against any future City impact fees. 13. Within forty-five days of the issuance of this Major Use Special Permit, the Applicant shall file a petition to temporarily, for a period of one year, prohibit vehicular access from Southwest 21st Street to Southwest 33rd Avenue. In the event the City Commission approves said petition to temporarily prohibit such vehicular access, the Applicant, if requested by the Coral Gate Homeowners Association, shall file a petition to permanently prohibit vehicular access from Southwest 21st Street to Southwest 33rd Avenue, or a petition to close and vacate Southwest 33rd Avenue from Southwest 21st Street to either the north property boundary of this project or to Coral Way. Said petition to permanently prohibit vehicular access or close and vacate said portions of Southwest 33rd Avenue shall be filed if so requested by the Coral Gate Homeowners Association not less than two months prior to the expiration of the temporary prohibition of vehicular access. The Applicant shall assume full responsibility for pursuing said petitions to the City. All costs connected with said petitions and attendant public hearings shall be assumed by the Applicant. If the City Commission approves the permanent prohibition of vehicular access from Southwest 21st Street to Southwest 33rd Avenue or the permanent closing and vacation of the aforesaid portions of Southwest 33rd Avenue, the Applicant shall at its sole expense, design and build a cul- de-sac or an equivalent device to allow turnaround movement. The plan for said road construction shall be prepared subject to the approval of tho Public Works Department prior to permitting. The appropriate portions of Southwest 33rd Avenue through which vehicular access may be permanently prohibited or permanently closed pursuant to Page 5 of 9 4 , , this condition shall be landscaped and perpetually maintained by the Applicant in accordance with a recorded covenant which shall be submitted by the Applicant and approved by the Law and Planning Departments prior to issuance of a building permit. Plans for the aforesaid landscaping shall be subject to the approval of the owners of the land abutting the portions of Southwest 33rd Avenue which are closed pursuant to the aforesaid petition. Not less than $50,000 shall be the cost of the cul-de-sac or equivalent device, or turnaround, including landscaping. Whithin forty- five days of the Commission's permanently prohibiting vehicular access or closing and vacating of any such portion of Southwest 33rd Avenue, the Applicant shall deposit with the Planning Department a surety bond or letter of credit for $50,000 which shall be released upon commpletion of the aforesaid landscaping and road construction. Provided, hcirever, in the event the City Commission does not approve the aforesaid petition to permanently prohibit vehicular access or the aforesaid petition to close and vacate a portion of Southwest 33rd Avenue, then the Applicant shall undertake a traffic study similar to the "Traffic Monitoring Program" submitted by the applicant, dated August 29, 1985, under the direction of the Planning and Public Works Departments, at the expense of the applicant, not to exceed Fifteen Thousand ($15,000) Dollars, one year after the issuance of the Certificate of Occupancy for the theaters, in order to establish the degree of traffic intrusion onto the adjoining residential areas as a result of this development. I IF the traffic volume is found to increase fifty percent (50%) above the present volume, or the traffic on any link north of the project exceeds two vehicles per minute for any time period between 9:00 p.m. and 11:00 p.m., Friday through Sunday, as indicated in Exhibit I of the Traffic Monitoring � Program dated August 29, 1986, prepared by David Plummer and Associates, the Department of Public Works and the Planning Department may propose to the City Commission the closing to traffic of S.W. 33rd Avenue from the northern boundary of the subject property to 21st Street, or alternative measures. If the City Commission approves the closing to traffic, the applicant shall at his sole expense, design and build a cul-de-sac or an equivalent device, to allow turn around movement without affecting neighborhood properties. The plans shall be prepared subject to the approval of the Public Works Department prior to permitting. Page 6 of 9 O"N /N The closed portions of 33rd Avenue shall be landscaped and permanently maintained by the applicant in accordance with a recorded covenant prepared prior to the issuance of a building permit. The covenant shall be subject to the review and approval of the Law and Planning Departments. The landscape plan shall be subject to the standards and approval of the Planning Department; not less than S50,000 shall be the cost of the cul- de-sac or an equivalent device, or turnaround, including landscaping. The applicant shall deposit with the Planning Department a surety bond or letter of credit for $50,000 for a period of two years beginning with the issuance of a certificate of occupancy. 14. Provide all required parking located within the structure without charge to the patron. This requirement shall not preclude the use of a ticket validation system. 15. Install a traffic signal light, at his sole cost, at S.M. 33rd Avenue and Coral Way, prior to issuance of a certificate of occupancy. 16. Be responsible for perpetual maintenance of the access easement and adjacent landscaping. 17. Provide an eight (8) foot decorative masonry or mixed materials wall, acceptable to the abutting landowners along the entire length of the northern property line of the site. Construction of the wall will commence simultaneously with construction of the project foundation and be completed prior to issuance of a building permit for the main structure of the project. A densely landscaped buffer strip, subject to the approval of the Planning Department, shall be planted immediately south of the wall. The sum of the wall and planting shall be no less than.10 feet in depth. The landscaped'buffer strip shall include black olive trees with a minimum height of twenty (20) feet. The applicant's landscape architect shall prepare landscaping plans for the installation of landscaping costing a minimum of $500 per lot, for a minimum aggregate sum of $5,000.00 within lots "G-455, block 20, Coral Gate Section D (50-34), solely for landscaping along the south property line of said lots. Said landscaping plan shall be acceptable to the owners of the aforesaid lots. This landscaping shall be installed by the applicant within 30 days of completion of construction of the wall required pursuant to this Condition 17. Page 7 of 9 eN ^-1 THE CITY SMALL 18. Col laoorate with the Applicant to ensure the incorporation of security measures and systems into the design and operation of the project. GENERAL 19. The Applicant shall submit a report, twelve (12) months from the date of issuance of this Major Use Special Permit and each twelve (12) months thereafter until a final Certificate of Occupancy is issued, to the Planning Director, City of Miami Planning Department. This report shall contain, for the preceding twelve (12) months: a. A general description of construction progress in terms of construction dollars and employment. b. A cumulative list of all permits or approvals applied for, approved or denied. c. A statement as to whether any proposed project construction changes in the ensuing twelve (12) months are expected to deviate from the approvals included in this Major Use Special Permit. The Planning Oirector, City of Miami Planning Department, or a project director to be named later, is hereby designated to receive this report, and to monitor and assure compliance with this Major Use Special Permit. 20. The Applicant shall record this Miracle Center Major Use Special Permit with the Clerk, Dade County Circuit Court. within 30 days of issuance, specifying that the Major Use Special Permit runs with the land and is binding on the Applicant, its successors, and/or assigns. The Applicant shall give notice to Richard P. Brinker, Clerk, Dade County .,. Circuit Court, 73 West Flagler Street, Miami, Florida, 33130, for recording in the Official Records of Dade County, Florida, as follows: a) That the City Commission of the City of Miami, Florida, has issued a Major Use Special Permit for the Miracle Center Project, located at 3301-3501 Coral Way. LEGAL DESCRIPTION: East 625 feet of tract 6 Coral Gate Section 0, Plat Book 50 pale 34 of the Records of Dade County. Page a of 9 x W 10� ^%, . b) That Miracle Center Associates is the developer. c) That the Major Ulse Special Permit with any modifications may be examined in the City Clert's Offices, 3S00 Pan American Drive, Dinner Key, Miami, Florida 33133. d) That the Major Use Special Permit constitutes a land development regulation applicable to the property; that the conditions contained in this Major Use Special Permit shall run with the land and bind all successors in interest; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same.