HomeMy WebLinkAboutLegislation (Version 2)Fife 'umber: 0-001797mu
Final Action Date:
r ile � � y � r r: I ■r d
. rrr • . � a s�.Y�
M1 4 i A e r r wlir ► I
(referredWHEREAS, on june 7, 2�007, Ben Fernandez, Esquire, on behalf of Brickell Square L
to "APPLICANT"),
Quiiay LaOichoproject e...,...r to as "PROJECT")
w pursuant r Articles 5, ■ 13, and 17 of Zoni
Ordinance No.for the propertiesr r at app4 SW 8th Street, 826,
844 SW 5th Avenue,
Florida, as wr. described ,r A", attached and incorporated, r
WHEREAS, development of Project -w
,„ Major Use Special
pursuant to Article 17 of r Ordinancer 11000,r r of of
amended;Rorida, as and
WHEREAS, Large Development Committee met on w 01 rconsider
proposed project offer its input;d
WHEREAS, r -n Development ReviewBoard met on to consider
proposed project d recommended approval;and
WHEREAS,r r ter. • at its meeting on „,r ;. 108
following w advertised p „. g, adopted Resolution Nr ZBi 11 by ote of six to three
recommending DENIAL of r r Change as _ forth;and
• w � � • + � ter. � � �,I _.. r �, i ��'"
• '" r r r , .r ..� r r r r .r �_ r r • �w � r r .. r
Fria, of Miami Page I of 11 Printed On: 21111,1009
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City Hall
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X500 Pan American
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Iri1Gf, FL 33133
Resolution
Fife 'umber: 0-001797mu
Final Action Date:
r ile � � y � r r: I ■r d
. rrr • . � a s�.Y�
M1 4 i A e r r wlir ► I
(referredWHEREAS, on june 7, 2�007, Ben Fernandez, Esquire, on behalf of Brickell Square L
to "APPLICANT"),
Quiiay LaOichoproject e...,...r to as "PROJECT")
w pursuant r Articles 5, ■ 13, and 17 of Zoni
Ordinance No.for the propertiesr r at app4 SW 8th Street, 826,
844 SW 5th Avenue,
Florida, as wr. described ,r A", attached and incorporated, r
WHEREAS, development of Project -w
,„ Major Use Special
pursuant to Article 17 of r Ordinancer 11000,r r of of
amended;Rorida, as and
WHEREAS, Large Development Committee met on w 01 rconsider
proposed project offer its input;d
WHEREAS, r -n Development ReviewBoard met on to consider
proposed project d recommended approval;and
WHEREAS,r r ter. • at its meeting on „,r ;. 108
following w advertised p „. g, adopted Resolution Nr ZBi 11 by ote of six to three
recommending DENIAL of r r Change as _ forth;and
• w � � • + � ter. � � �,I _.. r �, i ��'"
• '" r r r , .r ..� r r r r .r �_ r r • �w � r r .. r
Fria, of Miami Page I of 11 Printed On: 21111,1009
File Number 07-00797mu
WHEREAS, the PAB adopted a second Resolution No. 08-031 a by a vote of six to three (6-3)
stating that the IAEA has no objection to the land use change if certain provisions are placed in, the
related Major Use Special Permit to prohibit commercial intrusion into the residential area„
WHEREAS, the Miami Planning Advisory Board, at its meeting on July 16, 2008, Item No. P.6,
following an advertised public hearing, adopted Resolution No. PAB-08-032 by a vote of five to four
(5-4), recommending APPROVAL with conditions of the Major Use Special Permit Development Order
as hereinafter set forth, with the additional condition that if the Major use Special Permit expires, the
City has the right to apply for the Land Use Change to revert back to "'Medium -Density Multifamily
Residential"" and
WHEREAS, the City Commission deems it advisable and in the best interest of the genieral
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set
forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1, The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section,
V;1
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11000, for the PROJECT to be developed by the APPLICANT, at approximately ... SW 8th Street,
826i, 832 and 844 SW 5th Avenue, 5 113, 515, 517, 519, 521, 531, 541, 551, 56 1, and 571 SW 9th
Street, Miami, Florida, and more particularly described on "Exhibit A," attached and incorporated
herein.
Section 3, The PROjECT is approved for the construction of a mixed use multifamily
residential building with approximately 142 feet and 6 inches in height to be comprised of
approximately 232 total multifa;mi�y residential units with recreational amenifies; approximately 20,946
square feet of retail space� and approximately 20,173 square feet of office floor area with
approximately 489 total off-street parking spaces; providing for certain floor area ratio ("FAR") bonuses
Section 4. The Major Use Special Permit Application for thie Project also; encompasses t1l
lower ranking Special Permits as set forth in the Development Order,
Section 5. The findings of fact set forth beilow are made with respect to the subject PROJECT�
a, The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT'Is in accord with the proposed C-1 (Restricted Commercial) zoning
classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Flioiridai, as
amended.
c, Pursuant to Section 1305.2 of the Zoning Ordinance, the specific: site plan aspects of the
PROJECT that have: been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere tothe following Design Review Criteria, subject to the any
applicable conditions in the Development Order herein:
City oJ'Alland Page 2 of I I Printed On., 2/11/7009
File Number 0,7-00797mu
DESIGN REVIEW CRITERIA
1) Site and Urban Planning: APPLICABILITY
(1) Respond to the physical contextual
environment takingi into consideration
urban form and natural features; Yes
(2) Siting should minimize the impact of automobile
parking and driveways on the pedestrian
environment and adjacent prop ertiesb Yes,
Yes
M
(3) Buildings on corner lots should be
oriented to the corner and public street fronts Yes Yes
11) Architecture and Landscape Architecture: APPLICABILITY COMPLIANCE,
(1) A project sha,l i I be designed to comply with
all applicable landscape ordinances" Yes Yes*
(2)
Respond to the neighborhood context;
Yes
Yes*
(3)
Create a transition in bulk and scale;
Yes
Yes
(4) Use architectural styles and details (such
as roof lines and fenestration), colors and
materials derivative from surrounding area; Yes Yes
(5) Articulate the building facade vertically
and horizontally in intervals that conform
to the existing structures in the vicinity, Yes Yes*
111) Pedestrian Oriented Development: APPLICABILITY COMPLIANCE
(1) Promote pedestrian interaction; Yes Yes
(2) Design facades that respond primarily to
the human scale; Yes Yes,
(3) Provide active, not blank facades. Where
blank walls are unavoidable, they should
receive design treatment, Yes Yes*
IV) Streetscape and Open S,p�ace: APPLICABILITY COMPLIANCE
(1) Provide usable open space that allows for
convenient and visible pedestrian access
from the public sidewalk; Yes Yes,
(2) Landscaping, including plant material, trellises,
special pavements, screen walls, planters and!
similar features should be appropriately
incorporated to enhance the project, Yes Yes*
Cit
y of Aliami Page 3 of 'I I Printed Opt: P1 112009
File Number- 07-00797n7u
Vehicular Access and Parking: APPLIGABILITY COMPLIANCE
(1) Design for pedestrian and vehicular safety
to minimize conflict points; Yes Yes
(2) Minimize the number and width of
driveways and curb Cuts; Yes Yes
(3) Parking adjacent to a street front should be
minlimized and where possible should be
located behind the building; Yes Yes
(4) Use surface parking areas as, district buffer, N/A
VI) Screening: APPLICABILITY COMPLIANCE
(1) Provide landscaping that screen undesirable
elements, such as surface parking lots, and
that enhances space and architecture:�, Yes Yes*
(2) Building sites should locate service elements
like trash dumpster, loading, docks, and,
mechanical equipment away from street front
where possible. When elements such as dumpsters,
utility meters, mechanical units and service areas
cannot be located away from the street front they
should be situated and screened from view to
street and adjacent properties; Yes Yes
(3) Screenparking garage structures with program
uses. Where program uses are not feasible soften
the garage structure with trellises, landscaping,
and/or other suitable design element, Yes Yes
VII) Signage and Lighting: APPLICABILITY COMPLIANCE
(1) Design signa!ge appropriate for the! scale and
character of the project and immediate neighborhood; N/A
(2) Provide lighting as a, design feature to the building
facade, on and around landscape areais, special
bg or site features, andior- signage; NIA.
(3) Orient outside lighting to minimize glare to
adjacent properties; N/A
(4) Provide visible signage identifying building
addresses at the entrance(s) as a functional
and aesthetic consideration, N/A
Vill) Preservation of Natural Features; APPLICABILITY COMPLIANCE
0), qfAfiand Page 4 qf I I Printed On: 2111/20101
File Number: 07-00797mu
(1) Preserve existing vegetation and/or geoloqicai
features whenever possible, Yes, Yes
IX) Modification of Nonconformities: APPLICABILITY COMPLIANCE
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed; N/A
(2) Modifications that conform to current
regulations shall be designed to
conform to the scale and context of
the nonconforming structure, N/A
*Compliance is subject to conditions.
These findings have been made by the City our to approve this project with conditions.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon
the APPLICANT and any successors in Interest,
Section 7. The application for Major Usie Speciaill Permit, which was submitted on Junie 7, 200
and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally
f 10
r administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Oty qf'Aliand Page 5 qJ'I I Printed On:211112009
File Number 07-00797n7o
............
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within,
Section 10, The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11, in the event that any poilion or section of this Resolution or the Development Order
is determined to be invalid,, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall rernain in full force and effect,
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution,
Section 13,, This Major Use Special Perr"nit, as approved, shall expire two (2) years from its
cornmencernent and operative date.
Section 14, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. (1)
Let it be known that pursuant to Articles 5, 9, 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for La Quinta y La Ocho (File ID#: 07-00797mui), (hereinafter referred to as the "PROJECT") to be
located at approximateiy 504 SW 8th Street, 826, 832 and 844 SW 5th Avenue, 51:3, 515, 517 519,
521, 531, 5,41, 551, 561, and 571 SW 9th Street, Miami, Florida (see legal description on "Exhibit
attached and incorporated), is subject to any dedications, firnitations, restrictions, reservations or
easements of recor,*,
After due consideration oons of the Planning Advisory Board and after 6
considerat�ion of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the followi'nigil
conditions approves the Major Use Special Permit and issues this Permit-,
191111111111 OXMI
The proposed PROJECT is a mixed use devefopment to be located at approximately 504 SW 8th
Street, 826, 832 and 844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 SW
9th Street, Miami, Florida,. The PROJECT is located on a gross lot area of approximately 3,01+ acres
and a net lot area of approximately 2,34± acres of land (more specifically described on"Exhibit A"',
incorporated herein by reference), The remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit B",
GtV of Aliand Page 6 of 11 Printed On: 2111120,09
The pro'po,sed PROJECT will be approximately 142 feet and 6 inches in height to be comprised of a
mixed use multifamily residential building with approximately 232 total multifarnHy residential units with
recreational amenities; approximately 20,9!46 square feet of retail space; and approximately 20,17'3
square feet of office floor area with approximately 4891 total off-street parking spacesb providing for
certain floor area ratio ("FAR"') bonuses,
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927, Temporary structures, occupancies, and
ci()of Nfifil"I Pqe 7 Qf I I Printed On: 2/11/200 9
File Mimber, 07-00797n7v
60 IGO
Ili;.=Rml HIM Ivulol
Gly of Miami Page 8 oj'l I Printed On. 211112009
File Number., 07-00 mate
approval imposed herein all modifications shall be subject to the review and approval of the Planning
Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) and
SD -25 Overlay Special District zoning classifications, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future
land' use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, ND/O/ ASSIGNS, JOINTLY OR SEVERALLY,
PRIG TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
QV of Ationli prag=e 9 of I I Printed Opt: 2111120499
File Number, 07-0,0797mu
BMW I
a- lei
so -
NOR
THE CITY SHALL
Establish the operative date of this Perm,it as being thirty (30) days from the data of its issuance;
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File Mimber: 07-00797n7u
the issuance date shall constitute the commencerrient of the thirty, (30) day pentad to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
�1) the PROJECT will have a favorable impact on the economy of the City; and
P the PROJECT will efficiently use public transpoon facilities', and
(3) the PROJECT will favorably affect thei need for people to find adequate housing
reasonably accessible to their places of employrnenti and
(4) the PROJECT will efficiently use necessary public facifities; and
(5) the PROJECT will not negatively impact the environment and natural resources of the
City� and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit,
JULIE QBR�
CITY ATTORNEY
Footnotes;
{11 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission,
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