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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fi.us File Number: 05-01524b 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 BIRD ROAD PROJECT, TO BE LOCATED AT APPROXIMATELY 3760 BIRD ROAD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 197-FOOT, 17-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 254 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 67,800 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 19,600 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 631 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 Bird Road, LLC, contract purchaser and Bird Ventures, LLC, owner (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Bird Road (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 3760 Bird Road, 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 28, 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 of January 18, 2006, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB 08-06 by a vote of six to one (6- 1), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended; and WHEREAS, the Miami Zoning Board, at its meeting on December 12, 2005, Item No. 16, following an advertised hearing, adopted Resolution No. ZB 2005-1101, by vote of seven to zero (7-0), recommending APPROVAL of a change of zoning classification, as hereinafter set forth; and WHEREAS, the Miami Zoning Board at its meeting of December 12, 2005, Item No. 22, adopted Resolution No. ZB 2005-1102 by a vote of eight to zero (8-0), recommending APPROVAL WITH CONDITIONS of Variances as part of the Major Use. Special Permit as hereinafter set forth; and City of ifialni Page 1 of 12 Printed On: 3/13/2006 Fite Number: 05-01524b WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 18, 2006 Item No. 5, following an advertised public hearing, adopted Resolution No, PAB 09-06 by a vote of seven to zero (7-0), 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, 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 3760 Bird Road, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 197-foot, 17-story high mixed use structure to be comprised of approximately 254 total multifamily residential units with recreational amenities; approximately 67,800 square feet of office space; approximately 19,600 square feet of retail space; and approximately 631 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) Zoning classification 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 any 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 City of Miami Page 2 of 12 Printed On: 3/13/2006 File Number: O5-01524b 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. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *Yes. to comply with ail 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 City of �tiarni Page 3 of 12 Printed On: 3/13/2006 File Number: 05-01524b 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: (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) U.se 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 dunipsters, 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 City of Miami Page 4 of 12 Printed On: 3/13/2006 File Number: 05-01520 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 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. IX) 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. City of Miami Page 5 of 12 Printed On: 3/13/2006 File Number, 05-01524b d. The PROJECT is expected to cost approximately $166,084,363, and to employ approximately 210 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 10 permanent new jobs (FTE) and will generate approximately $803,513 annually in tax revenues to the City (2005 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; (2) the PROJECT will efficiently use public transportation facilities; (3) any potentially adverse effects of the PROJECT will be mitigated through compliance with the conditions of this Major Use Special Permit: (4) the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; (5) the PROJECT will efficiently use necessary public facilities; (6) the PROJECT will not negatively impact the environment and natural resources of the City; (7) the PROJECT will not adversely affect living conditions in the neighborhood; (8) the PROJECT will not adversely affect public safety; (9) based on the record presented and evidence presented, the public welfare will be served by the PROJECT; and (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. 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. City of Mituui Page 6 of 12 Printed On: 3/13/2006 File Number: 05-01524b 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 Bird Road (MU-2005-032), (hereinafter referred to as the "PROJECT") to be located at approximately 3760 Bird Road, 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 ❑ESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 3760 Bird Road, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.12± acres and a net lot area of approximately 1.75i acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECTs Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be an approximate 197-foot, 17-story high mixed use structure to be comprised of approximately 254 total multifamily residential units with recreational amenities; approximately 67,800 square feet of office space; approximately 19,600 square feet of retail space; and approximately 631 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, per Article 17 for development of 254 residential units. MUSP, as per Article 17 for parking of 631 parking spaces including 53 parking lifts. MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent, 46,68.3 square feet. MUSP, as per Article 9, Section 914, a development bonus of 58,354 square feet of additional floor area, and to pay into the Affordable Housing Trust Fund an amount of $12.40 per square feet $723,590. VARIANCE(S) Variance, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section City of Miami Page 7 of 12 Printed On: 3/13/2006 File Number. 05-01524b 401, Schedule of District Regulations. required yards. Required of additional set back one (1) foot per each foot in height after 120' in height for buildings with frontages on Arterial/Collectors roads. Proposed to waive additional setback (45 degrees angle) allowing the building to have a maximum height of 172 feet at top of slab. Pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Schedule of District Regulations, required setbacks. Front Setback SW 38 Avenue Required 10 feet Proposed 0 feet Request to waive 10 feet Front Setback SW 37 Court Required 10 feet Proposed 0 feet Request to waive 10 feet Side Street Setback SW 40 Street (Bird Road) Required 7 feet 6 inches Proposed 0 feet Request to waive 7 feet 6 inches Green Space: Required 13,571 Square feet Provided 0 Square feet Request to waive 13,571 Square feet Per City Code, Chapter 36, request for waiver of noise ordinance for construction equipment for continuous pours. CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway. 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 4, Section 401 to allow a maximum of a building footprint of six tenths (0.60) times the gross lot area for project that comply with requirements A,B,C and D. CLASS ll SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2 a request to reduce 1 out of the 4 12x35x15 required loading berths from 1 12x35x15 to 1 10x20x15. CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2 to allow development/ construction/rental signage. CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a City of Miami Page 8 of I2 Printed On: 3/13/2006 Fire Number: 05-01524b ground breaking ceremony. CLASS I SPECIAL PERMIT, as per 917.1.2 to permit valet parking. CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for construction and other temporary offices such as leasing and sales. CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of construction during construction. CLASS I SPECIAL PERMIT. as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters. CLASS 1 SPECIAL PERMIT, as per Article 9, Section 915.2, for F.A.A. clearance letter. 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, 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 Cohen Freedman Encinosa & Associates, dated October 31, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Fuster Designs, dated August 28, 2005; said design and landscape plans may be permitted to be modified only to the extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet ail 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 City of Miami Page 9 of 12 Printed On: 3/13/2006 Fite Number: 05-01524b 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) Insofar as this Major Use Special Permit includes the subordinate approval of a series of Class I Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed City of Miami Page 10 of 12 Printed On: 3/13/2006 File Number 05-01524b timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following conditions: (a) The pedestrian sidewalk realm shall remain at a consistent height throughout and sidewalk materials shall be continued across any vehicular entrances. Vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope being the maximum allowed by Public Works; and (b) The exposed sections of the garage should be covered with landscape planters in front of the grill screen. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: (a) Bird Road - Coordinate with the Florida Department of Transportation to replace all broken and damaged sidewalk, curb and gutter adjacent to the project site; (b) SW 37th Court - Replace all broken and damaged sidewalk on both sides of the court. Construct new curb and gutter and pavement, in accordance with Public Works standards. Mill and resurface the driving lanes, full width, between Peacock Avenue and Bird Road; (c) SW 38th Avenue - Replace ali broken and damaged sidewalks, curb and gutter on both sides of the avenue adjacent to the project site. Mill and resurface the driving lanes, full width, curb to curb, between Peacock Avenue and Bird Road; (d) Peacock Avenue - Replace all broken and damaged sidewalk, curb and gutter on both sides of the avenue adjacent to the project site. Mill and resurface the full width, curb to curb, between SW 37th Court and SW 38th Avenue. 13) A development bonus to permit a mixed use of 58,354 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $723,590. 14) 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 15) 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 thisPermit as eing 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: () the PROJECT will have a favorable impact on the economy of the City; and (2) he 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 City of Miami Page 11 of 12 Printed On: 3/13/2006 File Number: 05-01524b (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. 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. City of Miami Page 12 of 12 Printed On: 3/13/2006