HomeMy WebLinkAboutR-05-0641City of Miami
Legislation
Resolution: R-05-0641
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00724a Final Action Date: 11/3/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR
USE SPECIAL PERMIT, RESOLUTION NO. 04-0500, PURSUANT TO ARTICLES 5,
6, 9, 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR
THE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 234-272
NORTHEAST 34TH STREET, MIAMI, FLORIDA; TO ALLOW A CHANGE IN THE
APPLICATION FROM A 17-STORY MIXED -USE STRUCTURE CONSISTING OF 114
TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH APPROXIMATELY 12,900
SQUARE FEET OF COMMERCIAL USE, AND 194 TOTAL PARKING SPACES TO
AN APPROXIMATE 169 FOOT, 15-STORY MIXED -USE STRUCTURE CONSISTING
OF APPROXIMATELY 127 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
APPROXIMATELY 13,233 SQUARE FEET OF RETAIL, AND APPROXIMATELY 196
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 July 22, 2004, the City Commission approved Resolution No. 04-0500, which
approved a Master Development Program for the Avant Towers MUSP project, located at
approximately 234-272 NE 34 Street, Miami, Florida;
WHEREAS, on August 3, 2005, Lucia A. Dougherty, on behalf of Flagler-Hudson, LLC, Owner
(referred to as "APPLICANT"), submitted a complete Application for Substantial Modification to a
Major Use Special Permit for The Boulevard (fka Avant Towers) (referred to as "PROJECT") pursuant
to Articles 5, 6, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the property located at
approximately 234-272 NE 34th Street, Miami, Florida, as legally described in "Exhibit A", attached
and incorporated; and
WHEREAS, development of the Project requires the issuance of a Substantial Modification to 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, a development bonus to permit 25,950 square feet of floor area shall be paid to the
Affordable Housing Trust Fund at the amount of $12.40 per square foot = $321,780.00 has been
requested; and
WHEREAS, the Large Scale Development Committee met on June 15, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on July 20, 2005, to consider the
proposed project and recommended APPROVAL; and
City of Miami
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File Number: 04-00724a Enactment Number: R-05-0641
WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 7, 2005 Item
No. 3, following an advertised public hearing, adopted Resolution No. PAB 91-05 by a vote of six to
zero (6-0), recommending APPROVAL with conditions of the Substantial Modification to a Major Use
Special Permit 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 to issue a Substantial Modification to 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 Substantial Modification to 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 234-272 NE 34th Street, Miami, Florida, more particularly described on "Exhibit A",
attached and incorporated.
Section 3. The PROJECT is approved to allow a change in the application from a 17-story mixed
use structure consisting of 114 total multifamily residential units with approximately 12,900 square
feet of commercial use, and 194 total parking spaces to an approximate 169-foot, 15-story mixed use
structure consisting of approximately 127 total multifamily residential units with approximately 13,233
square feet of retail, and approximately 196 total parking spaces; providing for certain floor area ratio
("FAR") bonuses.
Section 4. The Substantial Modification to a 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-1 (Restricted Commercial) with an SD-20
(Edgewater Overlay District) and SD-20.1 (Biscayne Boulevard Edgewater 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 $37,200,000, and to employ approximately
303 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the
creation of approximately 17 permanent new jobs (FTE). The PROJECT will generate approximately
$517,267 annually in tax revenues to the City (2005 dollars).
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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 Substantial Modification to a 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
(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 Substantial Modification to a Major Use Special Permit.
Section 6. The Substantial Modification to a Major Use Special Permit, as approved and
amended, shall be binding upon the APPLICANT and any successors in interest.
Section 7. The application for Substantial Modification to a Major Use Special Permit, which was
submitted on August 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, incorporated within.
Section 10. The Substantial Modification to a 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 Substantial Modification to a Major Use Special
Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the
Resolution.
Section 13. This Substantial Modification to a 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}
City of Miami Page 3 of 8 File Id: 04-00724a (Version: 1) Printed On: 12/7/2016
File Number: 04-00724a Enactment Number: R-05-0641
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 6, 9, 13, 17 and 22 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
Substantial Modification to a Major Use Special Permit for The Boulevard (fka Avant Towers)
(MU-2005-025), (hereinafter referred to as the "PROJECT") to be located at approximately 234-272
NE 34th 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 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 234-272 NE
34 Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.19± acres
and a net lot area of approximately 0.85± 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 169-foot, 15-story high mixed use structure to be
comprised of approximately 127 total multifamily residential units with recreational amenities;
approximately 13,233 square feet of retail space; and approximately 196 total parking spaces;
providing for certain floor area ratio ("FAR") bonuses.
The Substantial Modification to a 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 127 residential units;
MUSP, as per Article 17 for parking of approximately 196 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty
percent, 20,760 square feet;
MUSP, as per Article 9, Section 914 to permit additional floor area ratio as a bonus through
developer contribution to the Affordable Housing Trust Fund. Requesting and additional
25,950 sq. ft. at an amount of $12.40 per square foot for a total of $321,780.00;
Per City Code, Chapter 36, construction equipment request for waiver of noise ordinance
while under construction for continuous pours.
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CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for development of new
construction within the SD-20 and SD-20.1 Districts;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and
covered walkway;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
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 II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request to reduce (2)
of the (3) required loading berths from 12 x 35 to request (1) 10 x 20 and the second (1) 10 x
20;
CLASS I SPECIAL 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 Article 9, Section 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 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 920.1, to allow a construction trailer and
watchman's quarters;
REQUEST for applicable MUSP conditions to be satisfied 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, 6, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a 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 Zyscovich Architects, dated August 5, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Urban
Landscape, Inc., dated August 5, 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
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The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) with
an SD-20 (Edgewater Overlay District) and SD-20.1 (Biscayne Boulevard Edgewater Overlay District)
zoning classifications, 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 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
City of Miami
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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 Substantial Modification to a Major Use Special
Permit.
9) In so far as this Substantial Modification to a 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 condition: 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 the City of Miami Public Works Department, the applicant shall
construct sidewalk to the property line and grade on both sides of the street for the entire block.
Replace damaged curb and gutter and mill and resurface the full right of way width (both sides of the
street) between Biscayne Boulevard and NE 2 Avenue. Adjust existing storm water drainage system
as required.
13) A development bonus to permit a mixed use of 25,950 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot =
$321,780.00.
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.
City of Miami
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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 Substantial Modification to a 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.
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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