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HomeMy WebLinkAboutLegislation.SubCity of Miami Legislation Resolution: R-06-0128 City Hall 3500 Pan American Drive Miami, FL 33133 www. ci. miam LfL us File Number: 05-01515f Final Action Date: 2/23/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE OASIS ON THE BAY PROJECT, TO BE LOCATED AT APPROXIMATELY 7889 AND 7921 NORTH BAYSHORE DRIVE, 7890, 7950 AND 7951 NORTHEAST BAYSHORE COURT, 1165, 1169, 1173, 1177, 1199 AND 1201 NORTHEAST 79TH STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 205-FOOT, 20-STORY HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 467 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 4,200 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 719 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 November 7, 2005, Javier F. Avino, on behalf of River Bait and Tackle, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Oasis on the Bay(referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th 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 September 21, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 21, 2005 Item No. 10, following an advertised public hearing, adopted Resolution No. PAB 128-05 by a vote of eight to zero (8-0), recommending APPROVAL with conditions of the 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 Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 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 within, 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 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of two approximate 205-foot, 20-story high mixed use structures to be comprised of approximately 467 total multifamily residential units with recreational amenities; approximately 4,200 square feet of retail space; and approximately 719 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-1 (Restricted Commercial) and R-4 (Multifamily High -Density Residential) Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, 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 (as appropriate to the nature of the special permit involved in the Project and the particular circumstances of the case) subject to the applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes. *Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. *Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. *yes. should be oriented to the corner and public street fronts. City of Miami Page 2 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *Yes. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes. *Yes. context; (3) Create a transition in bulk Yes. *Yes. and scale; (4) Use architectural styles Yes. *Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes. *yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: (1) Promote pedestrian Yes. *yes. interaction; (2) Design facades that Yes. *Yes. respond primarily to the human scale; (3) Provide active, not blank Yes. *Yes. facades, Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes. *yes. that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. *Yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and Parking City of Miami Page 3 of 1I Printed On: 6/14/20O6 File Number: 05-01515f Enactment Number: R--06-0128 (1) Design for pedestrian and Yes. *Yes. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. *Yes. width of driveways and curb cuts; (3) Parking adjacent to a street Yes. *Yes. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. *yes. as district buffer. VI) Screening: (1) Provide landscaping that Yes. *yes. screen undesirable elements, such as surface parking lots, and that enhances 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 Yes. *Yes. structures 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: (1) Design signage appropriate Yes. *yes. for the scale and character of the project and immediate City of Miami Page 4 of .11 Printed On: 6/14/2006 File Number: 05-01515f Enactment. Number: R-06-0128 neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible signage Yes. *Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *Yes. and/or geological features whenever possible. 1X) Modification of Nonconformities: (1) For modifications of Yes. *Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes. *Yes. to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $278,078,767, and to employ approximately 375 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 20 permanent new jobs (FTE). The PROJECT will generate approximately $1,398,522 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; City of Miami Page 5 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 (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 November 14, 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. issued. The Major Use Special Permit Development Order for the PROJECT is granted and 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 Oasis on the Bay (MU-2005-030), (hereinafter referred to as the "PROJECT") to be located at City of Miami Page 6 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 approximately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th 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: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 5.79± acres and a net lot area of approximately 3.70± 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 two approximate 205-foot, 20-story high mixed use structures to be comprised of approximately 467 total multifamily residential units with recreational amenities; approximately 4,200 square feet of retail space; and approximately 719 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, for development of 467 residential units; MUSP, as per Article 17 for parking of approximately 719 parking spaces; MUSP, as per Article 5, Section 502, PUD Districts; to increase the floor area by twenty percent, for a total of 86,849 square feet of bonus; Per City Code, Chapter 36, construction equipment request for waiver of noise ordinances while under construction for continuous pours. CLASS II SPECIAL PERMITS 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 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 15, Section 1511, for any development between Biscayne Bay and the first dedicated right-of-way; CLASS 1 SPECIAL PERMITS City of Miami Page 7 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 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 1 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 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, 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 Cohen Freedman Encinosa & Associates, signed and sealed October 31, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Fuster Designs, dated October 3, 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 proposed C-1 (Restricted Commercial) and R-4 (Multifamily High -Density Residential) 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. 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. City of Miami Page 8 of 11 Printed On: 6/14/2006 File Number 05-01515f Enactment Number: R-06-0128 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 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 1 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 comments by the City of Miami Public Works Department, the applicant shall meet the following conditions: (a) Re -platting of the land is required to close and vacate NE City of Miami Page 9 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 Bayshore Court and portions of the Florida Department of Transportation (FDOT) right-of-way; (b) Pavement restoration for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement width, curb to curb, along the entire length of the excavation and/or damaged pavement area; (c) NE 80th Street - Applicant shall replace all damaged and broken sidewalk, curb and gutter on both sides of the street adjacent to the project site and mill and resurface the entire width, curb to curb, between NE Bayshore Drive and NE Bayshore Court; (d) NE 79th Street and NE Bayshore Drive - Coordinate any improvements with the Florida Department of Transportation; (e) Cleaning of the Baycrest, north and south canals; (f) Rebuilding and retaining wall on NE 81st Street, related and allied tree planting and maintenance; (g) Meet with representatives of local homeowners groups with their traffic engineers and discuss traffic flow impact and traffic concerns of the Project and be prepared to address such concerns; (h) The Applicant will convey marketable title to the City of Miami of additional land to the South of the Project for use by the City as a municipal park, fire station, or other municipal purpose. 12) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: Context/Urban Design - (a) Provide greater articulation for the rear of the towers and the parking garage facing NE 80th Street and consider continuing the pattern of window and balcony openings from the facade in order to create a more attractive rear facade elevation; (b) A permit is required from the Public Works Department for the vacating a public right-of-way (portion of Bayshore Court), and if granted, the applicant must show a public benefit. (c) Provide a pedestrian access along the old Bayshore Court axis and a Baywalk connecting 79th Street to 80th Street and refer to the city`s Baywalk/Riverwalk design standards for typical surface changes, plantings, etc, as determined by the Planning Department (d) Include the site across the street in the ground floor plan and surveys as this site is transferring the development rights from the proffered site to the proposed development site and show any improvements planned for this site; (e) Coordinate any planned improvements along 79th Street with the FDOT regional office; Landscaping - (f) Provide a continuous canopy of shade trees along the perimeter of the project. These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33' on center). Palm trees may be utilized periodically as an accent to the architecture of the building; (g) Submit a landscape plan that specifies the species (common and botanical names), sizes (height x spread and/or container size) at time of planting, quantities, and proposed locations of all plant materials, existing and proposed. The landscape plan shall include planting details and planting specifications; (h) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; Parking Garage - (i) Provide details of the garage facade and door along 80th Street; (j) Consider adding one-half level of underground parking and raising the site one-half level; (k) Specify details of proposed aluminum grills, louvers, Bahamian shutters, awning, etc, designed to hide the parking. 13 That the requested application for the Change of Zoning, and the accompanying Future Land Use Change on these properties are 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: City of Miami Page 10 of 11 Printed On: 6/14/2006 File Number: 05-01515f Enactment Number: R-06-0128 Establish the operative date of this Permit as being thirty (30) days from the date of 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 to 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. APPROV D AS TO FORM AND CO'. ' ECTNESS: JOR RNEY Footnotes: DEZ {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 Page 11 of 11 Printed On: 6/14/2006 City of Miami Legislation Resolution City Ha 3500 Pan American Drive Miami, FL 33133 www.ci,miami.fl.us File Number: 05-O 15r Final Action Date: A RESOLUTIOkOF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WI CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 1 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE OASIS O HE BAY PROJECT, TO BE LOCATED AT APPROXIMATELY 788 AND 7921 NORTH BAYSHORE DRIVE, 7890, 7950 AND 7951 NORTHEAST BAYSHORE COURT, 1165, 1169, 1173, 1177, 1199 AND 1201 NORTHEAST 79TH STREET, MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 205-FOOT,-STORY HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 467 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL A IENITIES; APPROXIMATELY 4,200 SQUARE FEET OF RETAIL SPACE; AND A ROXIMATELY 719 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING\.INDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING OR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 7, 2005, Javier F. Avino,`n behalf of River Bait and Tackle, LLC (referred to as "APPLICANT"), submitted a complete App cation for Major Use Special Permit for Oasis on the Bay(referred to as "PROJECT') pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 7889 pd 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance Oka 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 Septenil<ier 21, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 19, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 21, 2005 Item No, 10, following an advertised public hearing, adopted Resolution No. PAS 128-05 by a vote of eight to zero (8-0), recommending APPROVAL with conditions of the 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 Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 1.1 Printed On: 2/912006 File Number\Q5-01515f FLORIDA: Section 1. Threcitals and findings contained in the Preamble to this Resolution are adopted by reference and inco€'Rorated as if fully set forth in this Section. Section 2. A Majorse Special Permit Development Order, incorporated within, is approved subject to the conditions 'specified in the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT tip be developed by the APPLICANT, at approximately 7889 and 7921 North Bayshore Drive, 7890, 7950°and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida, more particularly described an "Exhibit A," attached and incorporated, Section 3. The PROJECT is approved for the construction of two approximate 205-foot, 20-story high mixed use structures to be comPoised of approximately 467 total multifamily residential units with recreational amenities; approximately 400 square feet of retail space; and approximately 719 total parking spaces; providing for certain flooarea ratio ("FAR") bonuses. Section 4. The Major Use Special Permit3Application for the Project also encompasses the lower ranking Special Permits as set forth in the Dev;topment 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 G,1 (Restricted Commercial) and R-4 (Multifamily High -Density Residential) Zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305.2 of the Zoning Ordinanc \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°1~Zeview Criteria (as appropriate to the nature of the special permit involved in the Project and the partibular circumstances of the case) subject to the applicable conditions in the Development Order herein_ DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning_ (1) Respond to the physical Yes, *yes. contextual environment taking into consideration urban form and natural features: (2) Siting should minimize the Yes. *Yes. impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. *yes. should be oriented to the corner and public street fronts. City of Miami Pane 2 of 11 Printed On: 2/7/2006 File Number; 05-01515f II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *yes. to comply with all 'applicable landscape ordinances; (2) Respond to the neighborhood Yes. *Yes. context; \h (3) Create a transition in bbk Yes. *Yes. and scale; \ (4) Use architectural styles Yes. *yes. 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. (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. Yes.* *Yes. III) Pedestrian Oriented Development: Yes. Yes. Yes. * *Yes\ *Yes. IV) Streetscape and Open Space: (1) Provide usable open space Yes. *yes. that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. *Yes, material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and ParkingQ City of Miami Page 3 of 11 Printed On: 217/2006 Fife Number: 05-01515f (1) Desk for pedestrian and Yes, *yes. vehicular safety to minimize conflict poin„; (2) Minimize tip number and Yes.*Yes. width of drivewa' and curb cuts; (3) Parking adjacent a street Yes. *Yes. front should be minimid and where possible should b \ located behind the building:\ (4) Use surface parking areas Yes. *Yes, as district buffer. (1) Provide landscaping that screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate 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 Yes. structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, andior other suitable design element. VI) Screening: *Yes. *Yes. *Yes_ Vll) Signape and Lighting: (1) Design signage appropriate Yes. *Yes. for the scale and character of the project and immediate City of Aliunu Page 4 of 11 Printed On: 2/7/2006 File Number: 05-01515f neighborhood; (2) Provide lig ing as a design Yes. *Yes. feature to the bu ing facade, on and around Ian cape areas, special buildin or site features, and/or si age; (3) Orient outside lighting'to Yes. *Yes. minimize glare to adjacent properties; (4) Provide visible signage �°:� Yes. *Yes. identifying building addresses at the entrance(s) as a functional and aesthetic consideration. Vi111 Preserition of Natural Features: (1) Preserve existing vegetation Yes. and/or geological features whenever possible. *Yes. IX) Modification of No nc2 nformities: (1) For modifications of Yes. nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform Yes. to current regulations shall be designed to conform to the scale and context of the nonconforming structure, *Compliance is subject to conditions. *Yes a\ *Yes. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $278,078,767, and to empy approximately 375 workers during construction (FTE-Full Time Employees); the PROJECT will also sult in the creation of approximately 20 permanent new jobs (FTE). The PROJECT will generate approximately $1,398,522 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 evil( be mitigated through compiiane with the conditions of this Major Use Special Permit, City of!Wand Page 5of11 Printed On: 217 2006 File Number 05-01515f \(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) theOJECT will not adversely affect public safety; (9) based n the record presented and evidence presented, the public welfare will be served by the PROJECT; an (10) any po ntally adverse effects of the PROJECT arising from safety and security, fire protection and life safet solid waste, heritage conservation, trees, shoreline development, minority participation and employ nt, and minority contractor/subcontractor participation will be mitigated through compliance with the`onditions of this Major Use Special Permit. Section 6. The Major Use S cial Permit, as approved and amended, shall be binding upon the APPLICANT and any successors i interest. Section 7. The application for Majoo Use Special Permit, which was submitted on November 14, 2005, and on file with the Planning Depai�nt of the City of Miami, Florida, shall be relied upon generally for administrative interpretations d is incorporated by reference. Section 8. The City Manager is directed totruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9, The Findings of Fact and Conclusion of Law are made with respect to the Project as described in the Development Order for the PROJEC , incorporated within. Section 10. The Major Use Special Permit Develortent Order for the PROJECT is granted and issued. Section 11, In the event that any portion or section of thResolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court ,r agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of is Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special hermit, 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 (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 Zo,ing 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 SpecPermit for Oasis on the Bay (MU-2005-030), (hereinafter referred to as the "PROJECT") to be locatedKat City of Miami Page 6 of 11 Printed On; 2/7/2006 File Number: 05-01515f approximately 7889 and 7921 North Bayshore Drive, 7890, 7950 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Street, Miami, Florida (see legal description on "Exhi'l jt A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservatiohs or easements of record. After die consideration of the recommendations of the Planning Advisory Board and after due consideration oNle consistency of this proposed development with the Miami Comprehensive Neighborhood Plat, the City Commission has approved the PROJECT, and subject to the following conditions approvese Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is anixed use development to be located at approximately 7889 and 7921 North Bayshore Drive, 7890, 750 and 7951 Northeast Bayshore Court, 1165, 1169, 1173, 1177, 1199 and 1201 Northeast 79th Stree , Miarni, Florida. The PROJECT is located on a gross lot area of approximately 5.79± acres and a net lat. area of approximately 3.70± acres of land (more specifically described on "Exhibit A", incorporated h ein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Ex ibit B". The proposed PROJECT will be two apprc3imate 205-foot, 20-story high mixed use structures to be comprised of approximately 467 total multifa tly residential units with recreational amenities; approximately 4,200 square feet of retail space; d approximately 719 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. The Major Use Special Permit Application for the IROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMITS MUSP, as per Article 17, for development of 467 resi�ntiat units; MUSP, as per Article 17 for parking of approximately 7 parking spaces; MUSP, as per Article 5, Section 502, PUD Districts;increase the floor area by twenty percent, for a total of 86,849 square feet of bonus; Per City Code, Chapter 36, construction equipment request (waiver of noise ordinances while under construction for continuous pours. CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allowconstruction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 10, Section 10,3.2.2, to allw development/construction/rental signage; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for ouioor eating areas and outdoor cafes; CLASS II SPECIAL PERMIT, as per Article 15, Section 1511, for any develoment between Biscayne Bay and the first dedicated right-of-way; CLASS 1 SPECIAL PERMITS City of Miami Page 7 of 11 Printed On: 2/7/2006 Fite Number. 05-01515f CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906,9, to allow for a special event namely \ a ground breaking ceremony; LASS 1 SPECIAL PERMIT, as per 917.1.2. to permit valet parking; C SS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction an her temporary offices such as leasing and sales; CLAS l SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of constru 'on during construction; CLASS I EC1AL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's afters. REQUEST for applicablMUSP conditions to be satisfied at the time of shell permit instead of at issuance of foundation pe it: a) The requirement to red in the Public Records a Declaration of Covenants and Restrictions providing that the ownership, o ration and maintenance of all common areas and facilities will be by the property owner or a mandato property owner association; and b) The requirement to record in tl Public Records a unity of title or covenant in lieu of unity of title. Pursuant to Articles 5, 13 and 17 of oning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered suffici t for the subordinate permits requested and referenced above as well as any other special approve 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 Cohen Freedman Encinosa & fsociates, signed and sealed October 31, 2005; the landscape plan shall be implemented substantially in ccordance with plans and design schematics on file prepared by Fuster Designs, dated October 3, 200 • said design and landscape plans may be permitted to be modified only to the extent necessary to omply with the conditions for approval imposed herein; all modifications shall be subject to the re iew and approval of the Planning Director prior to the issuance of any building permits; and \\ The PROJECT conforms to the requirements of the pro osed C-1 (Restricted Commercial) and R-4 (Multifamily High -Density Residential) zoning classifications, s contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as ended. The existing comprehensive plan future land use designation on the subject prop rty allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOIN Y OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMP -Y WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordir ances 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 optn of the Department, and to make recommendations concerning security measures and syste?s; further submit a report to the Planning Department, prior to commencement of construction, deonstrating City of Miami .Page 8 of 11 Printed Om 2/7/2006 File Number: 05-01515f how the Pol,pe 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 aproval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordtation 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 proece`dures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular cess and water supply, 4) Obtain approval from; ,pr provide a letter of assurance from the Department of Solid Waste that the PROJECT has addresse ail concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Partrsipation and Employment Plan (including a Contractor/Subcontractor Participation PI ) submitted to the City as part of the Application for Development Approval, with the understan g that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women B'lsiness Affairs and Procurement Program as a guide. 6) Record the following in the Public Recosls of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate *f Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation a ` • maintenance of all common areas and facilities will be by the property owner or a mandatory p ° •erty owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide th ,City with a recorded copy of the MUSP permit resolution and development order, and further, an exuted, 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 constriction 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 pia for the temporary construction site; said plan shall be subject to the review and approval by the Plannir Department prior to the issuance of any building permits and shall be enforced during constructiork activity. All construction activity shall remain in full compliance with the provisions of the submitted bnstruction plan; failure to comply may lead to a suspension or revocation of this Major Use Special PetTnit. 9) In so far as this Major Use Special Permit includes the subordinate aroval of a series of Class I Special Permits for which specific details have not yet been developed or rovided, the applicant shall provide the Planning Department with all subordinate Class 1 Speci Permit plans and detailed requirements for final review and approval of each one prior to the issuanc of any of the subordinate approvals required in order to carry out any of the requested activities an /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 interi? 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 Opposed timetable and shall be subject to review and approval by the Planning Director. f, City of Miami Page 9 of 11 Printed On: 2/7/2006 File Number: 05-01515f 11) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet he following conditions: (a) Re -platting of the land is required to close and vacate NE Bayshore Court ;d portions of the Florida Department of Transportation (FDOT) right-of-way; (b) Pavement restorec for all water and sewer extensions, existing damaged pavement and pavement damaged during construction, as determined by the City inspector, shall include milling and resurfacing of the full pavement wig, curb to curb, along the entire length of the excavation and/or damaged pavement area; (c) NE 80 Street - Applicant shall replace all damaged and broken sidewalk, curb and gutter on both sides of the eet adjacent to the project site and mill and resurface the entire width, curb to curb, between NE shore Drive and NE Bayshore Court; (d) NE 79th Street and NE Bayshore Drive - Coordinate any irnpro ements with the Florida Department of Transportation. 12) Pursuant to den related comments received by the Planning Director, the applicant shall meet the following conditions onfext/Urban Design - (a) Provide greater articulation for the rear of the towers and the parking garage facing NE 80th Street and consider continuing the pattern of window and balcony openings frog the facade in order to create a more attractive rear facade elevation; (b) A permit is required from the Public Works Department for the vacating a public right-of-way (portion of Bayshore Cour, and if granted, the applicant must show a public benefit. (c) Provide a pedestrian access along the ok Bayshore Court axis and a Baywalk connecting 79th Street to 80th Street and refer to the city's BaywalkIRiverwalk design standards for typical surface changes, plantings, etc; (d) Include the site across the,street in the ground floor plan and surveys as this site is transferring the development rights from the proffered site to the proposed development site and show any improvements planned for this site; (e) Codrrinate any planned improvements along 79th Street with the FDOT regional office; Landscaping - (f)e`Provide a continuous canopy of shade trees along the perimeter of the project. These shade trees shall be aligned close to the edge of the curb in the public right of way (at no greater than 33' on center)2Palm trees may be utilized periodically as an accent to the architecture of the building; (g) Submit a landscape plan that specifies the species (common and botanical names), sizes (height x spread and/or container size) at time of planting, quantities, and proposed locations of ail plant materials, existing and proposed. The landscape plan shall include planting details and planting specifications; (hi -,A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit; Parking Garage - (i) Provide details of the garage facade and door along 80th Street; (j) Consider adding one-half level of underground parking and raising the site one-h;lf level; (k) Specify details of proposed aluminum grills, louvers, Bahamian shutters, awning, eteF,_designed to hide the parking. 13 That the requested application for the Change of Zoning, and the accompanying Future Land Use Change on these properties are 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'°°eland 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 City of Miami Page 10 of 11 Printed On; 2/7/200 File Number. OQ1515f The PR'QJECT, 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 compliewith local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance\ (1) (2) (3) (4) (5) (6) (7) (6) the PRO J°I CT will have a favorable impacton theeconomy of the City; and the PROJECT will efficiently use public transportation facilities; and the PROJEC will favorably affect the need for people to find adequate housing reasonably ace sible to their places of employment; and the PROJECT wit fficiently use necessary public facilities; and the PROJECT will n t negatively impact the environment and natural resources of the City; and the PROJECT will not aversely affect public safety; and the public welfare will be rued by the PROJECT; and any potentially adverse eff is of the PROJECT will be mitigated through conditions of this Major Use Special Pe it. The proposed development does not unrea onably interfere with the achievement of the objectives of the adopted State Land Developer t Plan applicable to the City of Miami. 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 t'e end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this ResolutiO , it shall become effective immediately upon override of the veto by the City Commission. City o_J'Miami Page 1 i of 11 Printed On: 21712006