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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.t1 us File Number: 05-00649 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1650 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1650 BISCAYNE BOULEVARD; 233-35, 240, 243 AND 249 NORTHEAST 16TH STREET; AND 220 AND 240 NORTHEAST 17TH STREET, MIAMI, FLORIDA, TO CONSTRUCT A M1XED-USE DEVELOPMENT WITH THREE BUILDINGS RANGING IN HEIGHT FROM APPROXIMATELY 140 FEET TO 600 FEET TO BE COMPRISED OF APPROXIMATELY 824 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 49,020 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 53,720 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 1,174 TOTAL PARKING SPACES; 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 May 6, 2005, Lucia A. Dougherty, on behalf of Cardinal Symphony, LLC., contract purchaser and Jack K. Thomas, Tr., owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for 1650 Biscayne Boulevard (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 Street, 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 April 6, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on April 20, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 29, 2005 Item No. 2, following an advertised public hearing, adopted Resolution No. PAB 70-05 by a vote of seven to zero (7-0), recommending APPROVAL WITH CONDITIONS as presented in the Major Use Special Permit 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; City of'ami Page 1 of 8 Printed On: 7/7/2005 File Number: 05-00649 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, as hereinafter set forth, 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 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction a mixed use development with three buildings ranging in height from approximately 140 feet to 600 feet to be comprised of approximately 824 total multifamily residential units with recreational amenities; approximately 49.020 square feet of office space; approximately 53,720 square feet of retail space; and approximately 1,174 total parking spaces. Section 4. The Major Use Special Permit 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 R-4 (Multifamily High -Density Residential) with SD (Central Commercial Residential) Overlay Zoning classifications of Zoning Ordinance No. 11000, ti- 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 $290,000,000, and to employ approximately 2,180 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 360 permanent new jobs (FTE). The PROJECT will generate approximately $3,530,115 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; (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 City of Miami Page 2 of 8 Printed 0,:: 7/7/2005 File Number: 05-00649 (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 Major Use Special Permit, which was submitted on May 6, 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, as hereinafter set forth. 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 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 1650 Biscayne Boulevard (MU-2005-018), (hereinafter referred to as the "PROJECT") to be located at approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 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 Major Use Special Permit and issues this Permit: City of Miami Page 3 of 8 Printed On: 7/7/2005 File Number: 05-00649 FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 1650 Biscayne Boulevard; 233-35, 240, 243 and 249 NE 16 Street; and 220 and 240 NE 17 Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.54± acres and a net lot area of approximately 2.39± 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 three buildings ranging in height from approximately 140 feet to 600 feet to be comprised of approximately 824 total multifamily residential units with recreational amenities; approximately 49,020 square feet of office space; approximately 53,720 square feet of retail space; and approximately 1,174 total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17 for development of 824 residential units; MUSP, as per Article 17 for parking of approximately 1,036 parking spaces; Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance while under construction for continuous pours. CLASS II PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 606 for development of new construction within the SD-6.1 Districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating areas and outdoor cafes; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2 for access from a public street roadway with driveway greater than twenty-five feet in width; CLASS !' SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request to reduce one of the 6 required loading berths from 12 x 55 to request two 12 x 35. CLASS I PERMITS CLASS I 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 917.1.2 to permit valet parking; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer (s) for construction and other temporary offices such as leasing and sales; CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of construction during construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer City of Miami Page 4 of Printed On: 7/7/2005 File Number: 05-00649 and watchman's quarters. REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of at issuance of foundation permit; 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. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit 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 Elkus/Manfredi Architects, dated May 6, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated May 6, 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 R-4 (Multifamily High -Density Residential) with SD-6 (Central Commercial Residential) Overlay 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 City of Miami Page 5 of 8 Printed On: 7/7/2005 Fite Number: 05-00649 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) 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 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. 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) The pedestrian sidewalk realm shall remain at a consistent height throughout. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; (b) The pedestrian sidewalk area shall be maintained with a consistent, recognizable pattern, which shall continue across the vehicular entrances in order to give dominance to the pedestrian realm over City of i'.Tian:i Page 6 of 8 Printed On: 7/7/2005 File Number: 05-00649 the vehicular areas; and (c) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12) The City Commission approval of the attached proffer by the applicant of one hundred thousand dollars ($100,000) to be used in the preparation of the designation report for the historic building adjacent to the project in order to preserve it and/or any required street enhancements in the vicinity of the project. 13) Pursuant to comments received from the City of Miami Public Works Department, the applicant shall meet the following conditions: (a) Subject to City Commission approval of the adjustment of the zoned street width (base building line) for NE 16 Street; (b) Subject to the required granting by the owner of a 3-foot wide easement north of and adjacent to the adjusted NE 16 Street base building line for public sidewalk purposes; (c) Subject to the installation and maintenance by the owner of landscaping, including trees or palms, between the north side of the sidewalk easement and the face of the proposed structure; (d) Subject to other good and valuable contributions to the City's landscaping program administered by the Public Works Department (see condition 12 above); and (e) Distribution of the $100,000 proffer (less $3,600 for Historic Preservation), shall go toward a Capital Improvement Projects (CIP) project in the surrounding area in coordination with Public Works and CIP. 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: (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 Major Use Special Permit. City of Manzi Page 7 of 8 Printed On: 7/7/2005 File Number: 05-00649 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 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. all, of Miami Page 8 of 8 Printed On: 7/7/2005