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HomeMy WebLinkAboutCC Legislation (Version 2)tf� City of Miami City Hall 3500 Pan American Drive r L@C�ISlatlOn Miami, FL 33133 www.miamigov.com Resolution File Number: 09-00030 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS A DEVELOPMENT FOR THE MIAMI-DADE COUNTY CHILDREN'S COURTHOUSE, TO BE LOCATED AT APPROXIMATELY 112 NORTHWEST 3RD STREET, MIAMI, FLORIDA, WITHIN PARCELS E -2/P-1 OF THE "EXHIBIT C" TABLE 1, OF THE PREVIOUSLY APPROVED DOWNTOWN GOVERNMENT CENTER, DEVELOPMENT OF REGIONAL IMPACT (DRI) REACTIVATION PROPOSED REDEFINED PHASE II DEVELOPMENT PROGRAM, UNDER ZONING ORDINANCE 6871, AS AMENDED; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 23, 1981, the City of Miami approved a Development Order submitted by Miami -Dade County for the Downtown Government Center; and WHEREAS, said Development Order expired in 1987; and WHEREAS, Miami -Dade County has identified new projects for the Downtown Government Center, including but not limited to, the Miami -Dade County Children's Courthouse; and WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami Comprehensive Neighborhood Plan (MCNP) was adopted on February 9, 1989, by Ordinance No. 10544, and amended by the Miami City Commission through March 23, 2006; and WHEREAS, Miami -Dade County (APPLICANT) previously submitted an application for a Notice of Proposed Change (NOPC) to the Downtown Government Center DRI to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami, pursuant to F.S. 380.06 (2004); and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005, following an advertised public hearing, adopted Resolution No. PAB 61-05 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of the NOPC to the Downtown Government Center DRI; and WHEREAS, on September 22, 2005, the City Commission conducted a public hearing pursuant to F.S. 380.06 (2004); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council and the Miami Planning Advisory Board, and each element required to be considered by F.S. 380.06 (2004) and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed NOPC Downtown Government Center Development Cite of Miami Page I of 7 Printed On: 3/10/2009 File Number.' 09-00030 Order had been complied with; and WHEREAS, on October 6, 2005, the City Commission approved a Notice of Proposed Change (NOPC) application providing for 1,500,000 square feet of office space; authorized an extension of the development time to 2009; approved a Children's Courthouse; and approved the Development of Regional Impact, subject to the conditions attached; and WHEREAS, the Miami -Dade County Children's Courthouse project was approved under Ordinance 6871 and as such, is not required to comply with Ordinance No. 11000, and WHEREAS, the reactivated DRI required that the Children's Courthouse project obtain a recommendation from the Planning Advisory Board and approval of the City Commission, and WHEREAS, the Miami -Dade County Children's Courthouse project exceeded the project review requirements by submitting for review and incorporating comments from the Large Scale Development Committee on October 22, 2008, and Internal Design Review Committee on September 23, 2008, and WHEREAS, the Miami Planning Advisory Board, at its meeting on March 4, 2009 following an advertised public hearing, adopted Resolution No. PAB 09-011 by a vote of six to zero (6-0), Item no. P.3, recommending APPROVAL of the Development described herein, and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to issue a Development Order, by way of this Resolution, 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 Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Development Order, incorporated herein, for the approved Miami -Dade County Children's Courthouse project under Ordinance 6871 and following the City of Miami Parking Guide & Standards containing conditions from reviewing committees, for the PROJECT to be developed by the APPLICANT, at approximately 112 NORTHWEST 3rd Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. The PROJECT is approved for the construction of courtrooms, offices, detention areas, and food services totaling approximately 330,799 square feet of combined floor area. The maximum height of the fourteen (14) -story building will be 234 feet, 3 inches (NGVD). The project will provide 92 off-street parking spaces, providing for certain floor area ratio ("FAR"). Section 4. The findings of fact set forth below are made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as amended. b. The PROJECT, pursuant to the approved DRI, is in accord with GU (Governmental Use City of Miami Page 2 of 7 Printed On: 3/10/2009 File Number 09-00030 District) zoning classification of Zoning Ordinance No. 6871, a prior Zoning Ordinance of the City of Miami, Florida, as amended. c. The PROJECT is expected to cost approximately $ 328,670,753, and to employ approximately 336 workers during construction (FTE -Full Time Employees), The PROJECT will also result in the creation of approximately 25 permanent new jobs (FTE). d. The City, Commission further finds that: (1) The PROJECT will have a favorable impact on the economy of the City; (2) The PROJECT will efficiently use public transportation facilities; (3) Any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Resolution; (4) The PROJECT will favorably affect the need for people to find adequate housing, reasonably accessible to their places of employment; (5) The PROJECT will efficiently use necessary public facilities; (6) The PROJECT will not negatively impact the environment and natural resources of the City; (7) The PROJECT will not adversely affect living conditions in the neighborhood; (8) The PROJECT will not adversely affect public safety; (9) Based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (10) Any potentially adverse effects of the PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority contractor/subcontractor participation will be mitigated through compliance with the conditions of this Development Order. Section 5. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 6. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in this Resolution and Development Order for the PROJECT, incorporated within. Section 7. The Development Order for the PROJECT is approved. Section 8. In the event that any portion 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 remain in full force and effect. Section 9. The provisions approved for this Development Order, as approved, shall commence City of Miami Page 3 of 7 Printed On: 311012009 File Number 09-00030 and become operative thirty (30) days after the adoption of this Resolution. Section 10. This Development Order, as approved, shall expire on December 31, 2009. Section 11. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} DEVELOPMENT ORDER Let it be known that the subject project was approved under Ordinance 6871 and as such, is not required to comply with Ordinance No. 11000. The Commission of the City of Miami, Florida, has considered in a public hearing, the authorization of the Development Order for Miami -Dade County Children's Courthouse (09-00030), (hereinafter referred to as the "PROJECT") to be located at approximately 112 NORTHWEST 3rd Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves this Development Order: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed-use development to be located at approximately 112 NORTHWEST 3rd Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 4.49± acres and a net lot area of approximately 3.79± 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". The proposed PROJECT will be a mixed-use development with an approximate height of 234 feet, 3 inches (N.G.V.D.), to be comprised of courtrooms, offices, detention areas, and food services totaling approximately 330,799 square feet of combined floor area, and 92 off-street parking, providing for certain floor area ratio ("FAR"). The authorization of this Development Order shall be considered sufficient for any subordinate permits requested and referenced above, as well as any other special approvals required by the City, which may required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by HOK - Architecture, Engineering, Planning, Interior, Graphic Consultant, dated January 6, 2009. The landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by HOK - Architecture, Engineering, Planning, interior, Graphic Consultant, dated January 22, 2009. Said design and landscape plans may be modified only to the extent necessary to comply with the conditions for approval imposed herein. All modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building City of Miami Page 4 of 7 Printed On: 3/10/2009 File Number: 09-00030 permits; and The PROJECT is in accord with GU (Governmental Use District) zoning classification of Zoning Ordinance No. 6871, a prior Zoning Ordinance of the City of Miami, Florida, as amended, and with the Miami Comprehensive Neighborhood Plan. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS WHEN APPLICABLE, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws, and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) Provide further articulation of the perimeter walls of the judge's parking area. Public art is encouraged along all walls that front public spaces or plazas. Please include an enlarged elevation drawing that defines areas that will receive art or architectural articulation; (b) Continue to develop the landscape treatment along the parking areas to mitigate the presence of a large blank wall facing the street; and (c) Submit a Landscape Plan and Cross-section of this area that illustrates how the wall will be screened by the proposed landscaping. 4) Comply with the City of Miami Parking Guide & Standards, except for: a. Allow a backup distance of 20'-0" where 23'-0" is required per City of Miami Parking Guides & Standards. b. Allow surface parking without intermediate landscaped islands as required per City of Miami Parking Guides & Standards. 5) Allow parking for temporary special events such as ground breaking ceremonies. 6) Allow temporary off-street offsite parking for construction crews working on a project under construction. 7) Allow for temporary construction parking, manufactured homes when authorized for security or other purposes in connection with the development; as construction trailer(s) and other temporary construction offices, such as watchman's quarters. City of Miami Page 5 of 7 Printed On: 3/10/2009 File Number.• 09-00030 8) Allow temporary development signs. 9) To permit the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average DBA at any time and/or day subject to the City Manager Exception. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance. The issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. 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: (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; 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 Development Order. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the City of Miami. APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU INIA CITY ATTORNEY Footnotes: City of Miami Page 6 of 7 Printed On: 3/10/2009 File Number.- 09-00030 {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 7 of 7 Printed On: 3/10/2009