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Resolution
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Miami. FL 33133
�n w ci.miarnLfl.us
File Number: 04-00720 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT
APPLICATION PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE
NO. 11000, AS AMENDED, FOR THE CENTURY PLAZA (FKA OCEAN PALACE)
PROJECT, TO BE LOCATED AT APPROXIMATELY 850 LE JEUNE ROAD AND
865 NORTHWEST 43RD AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE TWO -BUILDING DEVELOPMENT OF APPROXIMATELY 74 FEET
AND 7 STORIES IN HEIGHT; CONSISTING OF APPROXIMATELY 324 UNITS
WITH RECREATIONAL AMENITIES; APPROXIMATELY 7,994 SQUARE FEET OF
RETAIL SPACE; AND APPROXIMATELY 664 TOTAL PARKING SPACES;
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING
TRANSMITTAL; 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 April 7, 2005, Gilberto Pastoriza, Esq. on behalf of Century Homebuilders of South
Florida, LLC., owner (referred to as "APPLICANT"), submitted a complete Application for a Major Use
Special Permit for Century Plaza (fka Ocean Palace)(referred to as "PROJECT") pursuant to Articles 5,
13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 850 Le Jeune
Road and 865 Northwest 43 Avenue, Miami, Florida, as legally described in "Exhibit A", attached and
incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on December 22, 2003 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on February 16, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board at its meeting of May 23, 2005, Item No. 11, adopted a
Resolution by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of a Special Exception
requiring City Commission approval as hereinafter set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 16, 2004 Item No. 6,
following an advertised public hearing, adopted Resolution No. PAB 78-04 by a vote of seven to zero
(7-0), RECOMMENDING DENIAL of the Major Use Special Permit Development Order as attached
and incorporated; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 15, 2005 Item No. 5,
following an advertised public hearing, adopted Resolution No. PAB 64-05 by a vote of three to three
City ofrifiami
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File Number: 04-00720
(3-3), RECOMIv4ENDlNG DENIAL due to a motion to approve, which failed, constituting a
recommendation of denial of the Substantial Modification to a Major Use Special Permit Application
Development Order as incorporated; 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 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.
Section 2. A Major Use Special Permit Development Order, incorporated below, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 850 Le Jeune Road
and 865 Northwest 43 Avenue, Miami, Florida, more particularly described in "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use two -building developmen
of approximately 74 feet and 7 stories in height; consisting of approximately 324 units with recreational
amenities; approximately 7,994 square feet of retail space; and approximately 664 parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
Section 4. The Major Use Special Permit 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 existing C-2 (Liberal Commercial) Zoning classification of
Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site
plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage,
preservation of natural features and control of potentially adverse effects generally, have been
considered and will be further considered administratively during the process of issuing a building
permit and a certificate of occupancy.
d. The PROJECT is expected to cost approximately $143,840,340, and to employ approximately
193 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 5 permanent new jobs (FTE). The PROJECT will generate approximately
$728,287 annually in tax revenues to the City (2005 dollars).
e. 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 Major Use Special Permit;
(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;
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(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 Major Use Special Permit.
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 a Major Use Special Permit, which was submitted on April 7, 2005,
and on file with the Planning Department of the City of Miami, Florida, 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.
Section 10. The Major Use Special Permit 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 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 Permit, 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 of
the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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 Century Plaza (fka Ocean Palace) (MU-2005-015), (hereinafter referred to as the
"PROJECT") to be located at approximately 850 Le Jeune Road and 865 Northwest 43 Avenue,
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
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File Number: 04-00720
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the
following conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 850 Le
Jeune Road and 865 Northwest 43 Avenue, Miami, Florida. The PROJECT is located on a gross
lot area of approximately 4.83± acres and a net lot area of approximately 4.31± 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 two building development of approximately 74
feet and 7 stories in height; consisting of approximately 324 units with recreational amenities;
approximately 7,994 square feet of retail; and approximately 664 parking spaces; providing for
certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit for the PROJECT also encompasses the following lower ranking
Special Permits:
MAJOR USE SPECIAL PERMIT
MUSP, as per Article 17 for development of 324 residential units;
MUSP, as per Article 17 for parking of approximately 664 parking spaces;
MUSP, as per Article 5, Section 502, and Article 17 for increase in floor area ratio of 20% over that
permitted in the underlying district, requesting an increase of 29,815 square feet (8.2%).
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION, as per Article 4, Section 401 to permit multi -family residential of a density
of R-3 or higher;
CLASS II PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a temporary construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking
during construction;
CLASS I PERMITS
CLASS I SPECIAL PERMIT, as per Article 4, to allow for child care facilities;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to allow temporary off -site parking for
construction crews working on a residential project;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage.
REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of at
issuance of foundation permit;
City of Miami
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a) The requirement to record in the Public Records 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; and
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of
title.
Designated as a PHASED PROJECT, pursuant to Section 2502 of Zoning Ordinance 11000,
as amended.
Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a Major Use Special Permit Application 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 on file prepared by Corwil Architects, Inc., dated May 25, 2005; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file
prepared by Corwil Architects, Inc., dated February 28, 2005; said design and landscape plans
may be permitted to 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 permits; and
The PROJECT conforms to the requirements of the existing C-2 "Liberal Commercial"
Zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of
Miami, Florida, as amended. The existing comprehensive plan future land use designation on the
subject property allows the proposed uses.
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 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) 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
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Waste that the PROJECT has addressed all concerns of the said Department prior to the
obtainment of a shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to
follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as
a guide.
6) Record the following in the Public Records of 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.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the
MUSP permit resolution and development order, and further, an executed, record able 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.
8) 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 plan 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 plan; failure to comply may lead to a suspension or revocation of this Major Use
Special Permit.
9) In so far as this Major Use Special Permit 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 l 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.
10) 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.
11) Pursuant to design related comments received by the Planning Director, the applicant
shall meet the following conditions: (a) Articulate the blank wall portions of the building's corners
by providing windows in the south side of the units on the southeast and southwest corners, and
on the north side of the units in the northeast and northwest corners; (b) A final landscape plan
shall be submitted for review and approval of the Planning Director prior to the issuance of a
building permit.
12) Pursuant to comments by City of Miami Public Works Department, the subject property
must be platted and a new subdivision created in order to obtain building permits for this project.
City of Miami
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13) That the requested Special Exception application is approved by the City Commission.
14) 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; 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 and further, pursuant to Section
1703 of the Zoning Ordinance:
(6)
(7)
(8)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural resources of
the City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
any potentially adverse effects of the PROJECT will be mitigated through conditions
of this Major Use Special Permit.
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.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs
and lighting, utilities, drainage and control of potentially adverse effects generally have been
considered and will be further considered administratively during the process of issuing individual
building permits and certificates of occupancy.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami
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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.
City of Miami
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