HomeMy WebLinkAboutR-09-0589Vop City of Miami
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Resolution: R-09-0589
File Number: 06-01242mm1
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/17/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A
PREVIOUSLY APPROVED SUBSTANTIAL MODIFICATION FOR THE CIVICA
TOWER MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13,17 AND 22
OF ZONING ORDINANCE NO. 11000,THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, FOR THE CIVICA TOWER PROJECT, TO BE
LOCATED ATAPPROXIMATELY 1050 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, TO MODIFY THE PREVIOUSLY APPROVED SUBSTANTIAL
MODIFICATION OF THE MAJOR USE SPECIAL PERMIT PURSUANT TO
RESOLUTION NO. 09-0266, ADOPTED MAY 28, 2009, AS FOLLOWS: 1) TO
DECREASE THE RETAIL SPACE FROM 16,988 SQUARE FEET TO 14,809
SQUARE FEET; 2) TO INCREASE THE GENERAL OFFICE SPACE FROM 551,452
SQUARE FEET TO 553,631 SQUARE FEET; 3) TO INCREASE THE OPEN SPACE
FROM 16,895 SQUARE FEET TO 22,675 SQUARE FEET; 4) TO DECREASE THE
FOOTPRINT FROM 62,220 SQUARE FEET TO 56,440 SQUARE FEET; 5) TO
DECREASE THE NUMBER OF PARKING SPACES FROM 1,457 TO 1,150; AND 6)
TO INCREASE THE OVERALL HEIGHT BY ONE (1) INCH; PROVIDING FOR
CERTAIN FLOOR AREA RATIO; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2009, Swerdlow Development Company, LLC, as contract
purchaser of property owned by Miami Hotel Investments, Ltd (referred to as "APPLICANT"),
submitted a complete application for a Substantial Amendment to previously approved Substantial
Modification of a Major Use Special Permit ("MUSP") for the Civica Tower approved pursuant to
Resolution No. 09-0266, adopted May 28, 2009 (referred to as "PROJECT"), pursuant to Articles 13,
17 and 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Zoning Ordinance"), for the properties located at approximately 1050 Northwest 14th
Street, Miami, Florida, more particularly described in Exhibit "A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Modification of a
MUSP pursuant to Articles 13, 17 and 22 of the Zoning Ordinance; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on November 18, 2009
Item No. P.2, following an advertised public hearing, adopted Resolution No. PAB-09-045, by a vote
of eight to zero (8-0), recommending approval with conditions of the Substantial Modification to a
Substantial Amendment of a MUSP Development Order as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami ("City") to issue a Substantial Modification to a Substantial Amendment of
a MUSP Development Order as hereinafter set forth;
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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.
Section 2. Substantial Modification to a previously approved Substantial Amendment of a
MUSP Development Order, incorporated within, is approved subject to the conditions specified in the
Development Order, per Articles 13, 17, and 22 of the Zoning Ordinance, for the PROJECT to be
developed by the APPLICANT, located at approximately 1050 Northwest 14th Street, Miami, Florida,
more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of one building structure with
approximately 14,809 square feet of retail space, approximately 553,631 square feet of general office
space, approximately 22,675 square feet of open space, and approximately 1,150 off-street parking
spaces.
Section 4. The Substantial Modification to a previously approved Substantial Amendment of a
MUSP Application for the PROJECT also encompasses the lower ranking Special Permits as set forth
in the Development Order.
Section 5. 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 is in accord with the G/I Government and Institutional with SD -10 Overlay
District SD -19 Designated F.A.R. Overlay District, F.A.R. of 3.2, zoning classifications of the Zoning
Ordinance.
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 to the following Design Review Criteria subject to the applicabl(
conditions in the Development Order herein:
DESIGN REVIEW CRITERIA
1) Site and Urban Planning: Applicability Compliance
(1) Respond to the physical contextual Yes Yes
environment taking into consideration
urban form and natural features;
(2) Siting should minimize the impact Yes Yes
of automobile parking and driveways
on the pedestrian environment and
adjacent properties;
(3) Buildings on corner lots should Yes Yes
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be oriented to the corner and public
street fronts.
Enactment Number: R-09-0589
II) Architecture and Landscape Architecture: Applicability Compliance
(1) A project shall be designed to Yes Yes
comply with all applicable landscape
ordinances;
(2) Respond to the neighborhood
context;
(3) Create a transition in bulk and
scale;
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
(5) Articulate the building facade
vertically and horizontally in
intervals that conform to the
existing structures in the vicinity.
III) Pedestrian Oriented Development:
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
(3) Provide active, not blank facades.
Where blank walls are unavoidable,
they should receive design treatment.
IV) Streetscaoe and Oben Space:
(1) Provide usable open space that
allows for convenient and visible
pedestrian access from the public
sidewalk;
(2) Landscaping, including plant
material, trellises, special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
Yes
Yes Yes
Yes Yes
Yes Yes*
Yes*
Applicability Compliance
Yes Yes*
Yes Yes
Yes Yes
Applicability Compliance
Yes Yes
Yes Yes*
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enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and
vehicular safety to minimize conflict
points;
(2) Minimize the number and width
of driveways and curb cuts;
(3) Parking adjacent to a street front
should be minimized and where
possible should be located behind
the building;
(4) Use surface parking areas as
district buffer.
Applicability Compliance
Yes Yes*
Yes Yes
Yes Yes
Yes Yes
VI) Screening: Applicability Compliance
(1) Provide landscaping that screen Yes Yes*
undesirable elements, such as
surface parking lots, and that
enhance space and architecture;
(2) Building sites should locate Yes Yes
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;
(3) Screen parking garage structures Yes Yes
with program uses. Where program
uses are not feasible soften the garage
structure with trellises, landscaping,
and/or other suitable design element.
VII) Signage and Lighting: Applicability Compliance
(1) Design signage appropriate for N/A
the scale and character of the project
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and immediate neighborhood;
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage;
(3) Orient outside lighting to minimize
glare to adjacent properties;
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation and/or
geological features whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed;
(2) Modifications that conform to
current regulations shall be designed
to conform to the scale and context of
the nonconforming structure.
N/A
N/A
Applicability
N/A -
Applicability
N/A -
N/A
Compliance
Compliance
Enactment Number: R-09-0589
*Compliance is subject to conditions.
**Not applicable at this time, subject to review and approval.
d. Pursuant to Section 1305.3. of the Zoning Ordinance, the use and occupancy of the
proposed PROJECT have been found by the City Commission to adhere to other specific
consideration (s) set forth in the zoning ordinance, the Code of the City of Miami, Florida, as
amended ("City Code"), and other applicable regulation(s).
e. Pursuant to 1305.3.1. of the Zoning Ordinance, the adequacy of the manner in which
the proposed use will operate, given its specific location and proximity to less intense uses, has
been found by the City Commission to adhere to other specific considerations set forth in the
zoning ordinance, the City Code and other applicable regulation(s), with particular consideration
given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle
intrusion, traffic conflicts, and the spillover effect of light.
These findings have been made by the City Commission to approve this PROJECT with conditions.
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f. The PROJECT is expected to cost approximately $ 137,745,100 and to employ
approximately 376 workers during construction (FTE -Full Time Employees). The PROJECT will
also result in the creation of approximately 30 permanent new jobs (FTE) and will generate
approximately $ 1,079,181 annually in tax revenues to the City (2009 dollars).
g. 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 witr
the conditions of this Substantial Modification to a Substantial Amendment of a MUSP;
(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 servec
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, and shoreline development will be
mitigated through compliance with the conditions of this Substantial Modification to a previously
approved Substantial Amendment of a MUSP.
Section 6. The Substantial Modification to a previously approved Substantial Amendment of a
MUSP, as approved and amended, shall be binding upon the APPLICANT and any successors in
interest.
Section 7. The APPLICATION for a Substantial Modification to a previously approved Substantial
Amendment of a MUSP, which was submitted on October 7, 2009, and is on file with the City
Planning Department, shall be relied upon generally for 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.
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 Substantial Modification to a previously approved Substantial Amendment of a
MUSP Development Order for the PROJECT is granted and issued.
Section 11. 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 12. The provisions approved for this Substantial Modification to a previously approved
Substantial Amendment of a MUSP, as approved, shall commence and become operative thirty (30)
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days after the adoption of the Resolution.
Section 13. This Substantial Modification to a previously approved Substantial Amendment of a
MUSP, as approved, shall expire two (2) years from its commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
by the Mayor. {1 }
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13, 17, and 22 of the Zoning Ordinance, the City
Commission has considered in a public hearing, the issuance of a Substantial Modification to a
previously approved Substantial Amendment of a MUSP for Civica Tower (hereinafter referred to as
the "PROJECT") to be located at approximately 1050 Northwest 14th 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 the Substantial Modification to a previously approved Substantial Amendment of
a MUSP and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 1050
Northwest 14th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately
3.26± acres and a net lot area of approximately 1.82± 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 Building with approximately 553,631 square feet
of General Office space, approximately 14, 809 square feet of Retail floor area, and 22,675 square
feet of Open Space. The proposed PROJECT will provide 1,150 off-street parking spaces, and will
have a maximum height of 300 feet A.G.L. (310 feet N.G.V.D.) at top of the roof stair enclosures.
The Substantial Modification to a previously approved Substantial Amendment of a MUSP,
encompasses all lower range permits previously approved, which remain in full force and effect.
Pursuant to Articles 13, 17, and 22 of the Zoning Ordinance, approval of the requested
Substantial Modification to a previously approved Substantial Amendment of a MUSP shall be
considered sufficient for the subordinate permits requested and referenced above as well as any
other special approvals required by the City which may be required to carry out the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
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on file prepared by Siskind, Carlson and Partners, dated on September 25, 2009. The landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared
by Urban Resource Group, Division of Kimley-Horn and Associates, dated on September 23, 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 permit.
The PROJECT conforms to the requirements of the current G/I (Government and Institution)
with SD -10 (Jackson Memorial Hospital Medical Center Overlay District) and SD -19 (Designated F.A
R. Overlay District - F.A.R. 3.2) zoning classification, as contained in the Zoning Ordinance 11000,
the Zoning Ordinance of the City of Miami, Florida, as amended. The current comprehensive plan
future land use designation on the subject property is Major Institutional - Public Facilities -
Transportation and Utilities.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, 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 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) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue, in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid
Waste, that the PROJECT has addressed all concerns of the said Department prior to the
obtainment of a shell permit.
5) Record the following in the Public Records of Miami -Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy: a Declaration of
Covenants and Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner association in
perpetuity.
6) Prior to the issuance of a shell permit, provide the City with a recorded copy of the
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Substantial Modification to a previously approved Substantial Amendment of a MUSP permit
resolution and Development Order, and an executed, recordable unity of title or covenant in lieu of
unity of title agreement for the subject PROPERTY. Said agreement shall be subject to the review
and approval of the City Attorney's Office.
7) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary
construction site. Said plans shall be subject to the review and approval by the Planning Department
prior to the issuance of any building permits and shall be enforced during construction activity. All
construction activity shall remain in full compliance with the provisions of the submitted construction
plans. Failure to comply may lead to a suspension or revocation of this Substantial Modification to a
previously approved Substantial Amendment of a MUSP.
8) In so far as this Substantial Modification to a previously approved Substantial Amendment
of a MUSP includes the subordinate approval of a series of Class I Special Permits for which specific
details have not yet been developed or provided, the applicant shall provide the Planning
Department with all subordinate Class I Special Permit plans and detailed requirements for final
review and approval of each one, prior to the issuance of any of the subordinate approvals required,
in order to carry out any of the requested activities and/or improvements listed in this development
order or captioned in the plans approved by it.
9) If the PROJECT is to be developed in phases, the APPLICANT shall submit an interim
plan, including a landscape plan, which addresses design details for the land occupying future
phases of this PROJECT. In the event that the future phases are not developed, said plan shall
include a proposed timetable and shall be subject to review and approval by the Planning Director.
10) Pursuant to design related comments received by the Planning Director, the APPLICANT
shall meet the following conditions: (a) Provide details of methods and materials that will screen the
parking area from view, facing Northwest 14th Street. Details shall include a type of glass and
methods for lighting (internal and external), (b) Provide additional treatment that enhances the
articulation of the fagade, and (c) Prior to TCO issuance, the APPLICANT shall comply with the
conditions of the sufficiency letter prepared by the City's Traffic Consultant on the Sufficiency Letter -
Review #001 of December 31, 2008, and ratified by Miami Transportation Administration on October
29, 2009.
11) The City Public Works Department provided a review of the PROJECT with the following
street improvements on Northwest 14 Street: Replace all damaged sidewalk, curb and gutter
adjacent to the project site. Mill and resurface the entire width, curb to curb, adjacent to the
PROJECT site and the intersection of Northwest 14 Street and Northwest 11 Avenue, Miami, Florida.
12) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on
the APPLICANT, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance.
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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,
and complies with local land development regulations, pursuant to Section 1703 of the Zoning
Ordinance:
(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 efficiently use necessary public facilities; and
(4) the PROJECT will not negatively impact the environment and natural resources of the City;
and
(5) the PROJECT will not adversely affect public safety; and
(6) the public welfare will be served by the PROJECT; and
(7) any potentially adverse effects of the PROJECT will be mitigated through conditions of this
Substantial Modification to a previously approved Substantial Amendment of a MUSP.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City.
Footnotes:
{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.
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