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File Number: 05-00625a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE BYBLOS CONDOS PROJECT, TO BE LOCATED AT
APPROXIMATELY 3841, 3845 AND 3851 BIRD ROAD; 2951, 2957 AND 2981-83
SOUTHWEST 38TH COURT, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 128-FOOT, 13-STORY HIGH MIXED -USE STRUCTURE TO BE
COMPRISED OF APPROXIMATELY 38 TOTAL TWO-STORY MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY
17,112 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 13,984 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 215 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, Maria A. Gralia, Esq., on behalf of Premier Luxury Investments, LLC,
the property owner (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for Byblos Condos (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of
Zoning Ordinance No. 11000, as amended, for the property located at approximately 3841, 3845, and
3851 Bird Road; 2951, 2957, and 2981-83 SW 38 Court, 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 February 16, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on March 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. 9, adopted a
Resolution No. ZB 2005-1031 by a vote of seven to one (7-1), RECOMMENDING DENIAL of a Special
Exception as hereinafter set forth; and
WHEREAS, the Miami Zoning Board at its meeting of May 23, 2005, Item No. 10, adopted a
Resolution No. ZB 2005-1032 by a vote of four to four (4-4), RECOMMENDING DENIAL of a Variance
as hereinafter set forth; and
City of Miami
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File Number: 05-00625a
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 29, 2005 Item No. 3,
following an advertised public hearing, adopted Resolution No. PAB 71-05 by a vote of seven to zero
(7-0), recommending APPROVAL WITH CONDITIONS of 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;
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, as amended, for the PROJECT to be developed by the APPLICANT, at approximately 3841,
3845, and 3851 Bird Road; 2951, 2957, and 2981-83 SW 38 Court, Miami, Florida, more particularly
described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 128-foot, 13-story
high mixed use structure to be comprised of approximately 38 total two-story multifamily residential
units with recreational amenities; approximately 17,112 square feet of office space; approximately
13,984 square feet of retail space; and approximately 215 total parking spaces; providing for certain
floor area ratio ("FAR") bonuses.
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 proposed C-2 (Liberal Commercial) and R-2 (Two -Family
Residential) with SD-12 (Buffer Overlay District) Zoning classifications 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 $16,000,000, and to employ approximately
160 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 110 permanent new jobs (FTE). The PROJECT will generate approximately
$297,721 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;
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(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 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 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, 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 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 Byblos Condos (MU-2005-011), (hereinafter referred to as the "PROJECT") to be located at
approximately 3841, 3845, and 3851 Bird Road; 2951, 2957, and 2981-83 SW 38 Court, Miami,
Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications,
limitations, restrictions, reservations or easements of record.
City of Miami
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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:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 3841, 3845,
and 3851 Bird Road: 2951, 2957, and 2981-83 SW 38 Court, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 1.47± acres and a net lot area of approximately 1.07±
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 an approximate 128-foot, 13-story high mixed use structure to be
comprised of approximately 38 total two-story multifamily residential units with recreational amenities;
approximately 17,112 square feet of office space; approximately 13,984 square feet of retail space;
and approximately 215 total parking spaces; 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:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17 and Section 914.1 to permit additional floor area ratio as a bonus through
developer contribution to the Affordable Housing Trust Fund. Requesting and additional 15,539
sq. ft. at an amount of $12.40 per square foot for a total of $192,683.60;
MUSP, as per Article 5, Section 502, PUD to increase 20% of the total floor area, for a maximum
of 15,782 square feet of bonus;
Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance while
under construction for continuous pours.
SPECIAL EXCEPTIONS
SPECIAL EXCEPTION, as per Article 4, Section 401, to permit residential uses within the C-2 at a
density of R-3 or higher;
SPECIAL. EXCEPTION, as per Article 6, Section 612, to permit surface parking in the SD-12
overlay.
VARIANCE
VARIANCE, of Article 4, Section 401, to permit a building height of thirteen stories, where ten
stories are required.
Allowed 10 stories
Proposed 13 stories
Request to increase 3 stories
CLASS II PERMITS
CLASS II PERMIT, as per Article 9, Section 922.4(c) to allow maneuvering of trucks on a public
alley;
CLASS II PERMIT, as per Article 9, Section 903.1 to allow a project designed as a single site
separated by street or alley;
CLASS II PERMIT, as per Article 4, Section 401, for a temporary construction fence and covered
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walkway;
CLASS II PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11 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 PERMITS
CLASS I PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground bre
ceremony;
CLASS I PERMIT, as per 917.1.2 to permit valet parking for residential use
CLASS I PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during
construction;
CLASS I PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's
quarters.
CLASS I PERMIT, as per Article 9, Section 925.3.8, 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;
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 5, 9, 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 Borges & Associates, dated March 23, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Kimley-Horn & Associates, dated November 29, 2004; 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 proposed C-2 (Liberal Commercial) and
R-2 (Two -Family Residential) with SD-12 (Buffer Overlay District) 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:
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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 including the required
Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase
sought under those provisions.
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 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 1 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.
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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) Provide a design treatment for the stair tower on the north side of the
building in order to mitigate the effect of the blank wall.
12) That the requested applications for the Change of Zoning, Special Exception and Variance
on this property are approved by the City Commission.
13) A development bonus to permit a mixed use of 15,539 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot
$192,683.60.
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.
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.
City of Miami
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File Number. 05-00625a
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.
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