HomeMy WebLinkAboutLegislation.SubCity of Miami
Legislation
Resolution: R-06-0189
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 06-00207 Final Action Date:3/23/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE 1490 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY
1400 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE TWO -TOWER DEVELOPMENT RANGING IN HEIGHT FROM
APPROXIMATELY 619 FEET TO 657 FEET TO BE COMPRISED OF
APPROXIMATELY 850 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 43,540 SQUARE FEET OF
RETAIL SPACE; AND APPROXIMATELY 1,204 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 December 7, 2005, Adrienne F. Pardo, on behalf of Baypoint Office Tower, Inc.,
owner and Biscayne Investment Corporation, developer (referred to as "APPLICANT"), submitted a
complete Application for Major Use Special Permit for 1490 Biscayne (referred to as "PROJECT")
pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at
approximately 1400 Biscayne Boulevard, 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 November 16, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on, February 1, 2006 Item No.
3, following an advertised public hearing, adopted Resolution No. PAB 16-06 by a vote of five to zero
(5-0), 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 11 Printed On: 6/14/2006
r
File Number.: 06-00207
Enactment Number: R-06-0189
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 1400 Biscayne
Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use two tower development
ranging in height from approximately 619 feet to 657 feet to be comprised of approximately 850 total
multifamily residential units with recreational amenities; approximately 43,540 square feet of retail
space; and approximately 1,204 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 SD-6 (Central Commercial Residential District) 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
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: 06-00207
Enactment Number: R-06-0189
11) 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.
111) 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 11 Printed On: 6/14/2006
File Number. 06-00207
Enactment Number: R-06-0189
(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 Mianzi Page 4 of 11 Printed On: 6/14/2006
File Number: 06-00207 Enactment Number: R-06-0189
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.
d. The PROJECT is expected to cost approximately $548,316,208, and to employ approximately
599 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the
creation of approximately 40 permanent new jobs (FTE) and will generate approximately $2,829,574
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: 06-00207 Enactment Number: R-06-0189
(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 contractorisubcontractor 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 December 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 Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 1490 Biscayne (MU-2005-036), (hereinafter referred to as the "PROJECT") to be located at
City of Miami Page 6 of 11 Printed On: 6/14/2006
File Number: 06-00207
Enactment Number: R-06-0189
approximately 1400 Biscayne Boulevard, 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 1400
Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately
4.80± acres and a net lot area of approximately 2.60± acres of land (more specifically described on
"Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is
attached and incorporated as "Exhibit B".
The proposed PROJECT will be a mixed use two tower development ranging in height from
approximately 619 feet to 657 feet to be comprised of approximately 850 total multifamily residential
units with recreational amenities; approximately 43,540 square feet of retail space; and approximately
1,204 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 City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(1), for
development of 850 total residential units.
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(7), for
parking of 1,204 total parking spaces.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for
continuous pours.
CLASS 11 SPECIAL PERMITS
CLASS II SPECIAL PERMIT as per Article 6, Section 606.3, for development of new construction
and for the location of any structure including construction fence and covered walkway, sign,
awning, landscaping, parking area or vehicular way, visible from a public street area within the
SD-6.
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.4.3, to allow for outdoor eating areas
and outdoor cafes.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Determination of Use No. 20040-007 dated September 14,
2004, to allow temporary parking of trailers or manufactured homes used in connection with such
land development activities as temporary construction offices or sales centers.
CLASS l SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary special event
namely a ground breaking ceremony.
City of Miami Page 7 of 11 Printed On: 6/14/2006
File Number: 06-00207 Enactment Number: R-06-0189
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, temporary offstreet offsite for
construction crews during construction.
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6.3.6, to allow development signs in
conjunction with construction.
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 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 Arquitectonica, dated November 28, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Kimley-Horn and Associates, dated October 6, 2005; said design and landscape plans may be
permitted to be modified only to the extent necessary to comply with the conditions for approval
imposed herein; all modifications shall be subject to the review and approval of the Planning Director
prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-6 (Central Commercial Residential District)
zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami,
Florida, as amended. The existing comprehensive plan future land use designation on the subject
property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other laws
and pay all applicable fees due prior to the issuance of a building permit.
2) Allow the Miami Police Department to conduct a security survey, at the option of the
Department, and to make recommendations concerning security measures and systems; further
submit a report to the Planning Department, prior to commencement of construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
City of Miami Page 8 of 11 Printed On: 6/14/2006
File Number' 06-00207 Enactment Number: R-06-0189
APPLICANTS 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 l Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Relocate all stairwells from the building corners to a more suitable
location; (b) All right-of-way improvements along Biscayne Boulevard must be consistent with FDOT
improvements north of NE 14th Street. The Department agrees with parallel parking on the Boulevard
and supports this idea; however it is not identified in the FDOT Biscayne Boulevard street section.
City of Miami Page 9 of 11 Printed Orr; 6/14/2006
File Number 06-00207
Enactment Number: R-06-0189
Please coordinate with FDOT; (c) Provide sidewalks of at least 12' width in order to accommodate
active street life; (d) Submit a detailed 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 specifications.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required of the applicant: (a) Biscayne Boulevard - Construct decorative
sidewalk improvements in accordance with the adopted "Roberto Burle Marx Biscayne Boulevard
Design"; (b) NE 2nd Avenue - replace all broken and damaged sidewalk, curb and gutter on both sides
of the avenue adjacent to the project site and mill and resurface the entire width, curb to curb,
between NE 14th Street and NE 15th Street; (c) NE 15th Street - replace all broken and damaged
sidewalk, curb and gutter on both sides of the street. Construct new sidewalk along the 10 foot
required dedication area. Mill and resurface the entire width, curb to curb, between NE 2nd Avenue
and Biscayne Boulevard; (d) NE 14th Street - replace all broken and damaged sidewalk, curb and
gutter adjacent to the project site.
13) Prior to the issuance of a building permit, the Applicant shall submit a letter of approval of
the proposed height from Miami -Dade County Aviation; if no such approvals are granted, the height of
the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade
Aviation to the Planning Department dated September 13, 2005, attached as Exhibit "C."
14) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and natural resources of the
City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
any potentially adverse effects of the PROJECT will be mitigated through conditions of
City of Miami Page 10 of 11 Printed On: 6/14/2006
Fife Number: 06-00207
Enactment Number: R-06-0189
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 CORECTNESS:
JOR E . FERFTh NDEZ
IT s AT $• RNEY
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 11 of 11 Printed On: 6/14/2006
..rua�9as�R
City of Miami
Legislation
Resolution
City Hail
3500 Pan American
Drive
Miami, FL 33133
wvwnr.ci.miami.#i.us
File Number: 06-00207z-G Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH bONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13 A D 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE '1490 BISCA E PROJECT, TO BE LOCATED AT APPROXIMATELY
1400 BISCAYNE BOULE RD, MIAMI, FLORIDA, TO CONSTRUCT A
MIXED -USE TWO -TOWER EVELOPMENT RANGING IN HEIGHT FROM
APPROXIMATELY 619 FEE TO 657 FEET TO BE COMPRISED OF
APPROXIMATELY 850 TOTALVIVIULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 108,543 SQUARE FEET OF
OFFICE SPACE; APPROXIMATE Y 43,540 SQUARE FEET OF RETAIL SPACE;
AND APPROXIMATELY 1,204 TO L PARKING SPACES; PROVIDING FOR
CERTAIN FLOOR AREA RATIO ("F R") BONUSES; DIRECTING TRANSMITTAL;
MAKING FINDINGS OF FACT AND S ATING CONCLUSIONS OF LAW;
PROVIDING FOR BINDING EFFECT; ONTAINING A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE'1ATE.
WHEREAS, on December 7, 2005, Adrienne F. Pdo, on behalf of Baypoint Office Tower, Inc.,
owner and Biscayne Investment Corporation, developer referred to as "APPLICANT"), submitted a
complete Application for Major Use Special Permit for 14`'! Biscayne (referred to as "PROJECT")
pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 1000, for the properties located at
approximately 1400 Biscayne Boulevard, Miami, Florida, as I:.•aily described in "Exhibit A", attached
and incorporated; and
WHEREAS, development of the Project requires the issuanc 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 November,,6, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on, Fe ruary 1, 2006 Item No.
3, following an advertised public hearing, adopted Resolution No. PAB 16-06 by vote of five to zero
(5-0), recommending APPROVAL with conditions of the Major Use Special Permi evelopment Order
as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of th�general welfare
of the City of Miami to issue a Major Use Special Permit Development Order as hereina er set forth;
City of Miami Page 1 of 11 Primes On: 3/7/2006
File Nu trzb r. 06-00207
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI
FLORIDA:
Section 1. Te recitals and findings contained in the Preamble to this Resolution are adopted by
reference and inc c3 porated as if fully set forth in this Section.
Section 2. A Maj Use Special Permit Development Order, incorporated within, is approved
subject to the condition specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECtto be developed by the APPLICANT, at approximately 1400 Biscayne
Boulevard, Miami, Florida,ore particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT approved for the construction of a mixed use two tower development
ranging in height from approxim ely 619 feet to 657 feet to be comprised of approximately 850 total
multifamily residential units with re eational amenities; approximately 108.543 square feet of office
space; approximately 43,540 square eet of retail space; and approximately 1,204 total parking
spaces; providing for certain floor area atio ("FAR") bonuses.
Section 4. The Major Use Special Per it Application for the Project also encompasses the lower
ranking Special Permits as set forth in the velopment Order.
Section 5. The findings of fact set forth bel are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the a pted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the SD-6 (C tral Commercial Residential District) zoning
classification of Zoning Ordinance No. 11000, the Zoni g 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 (b4sed upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design eview Criteria (as appropriate to the
nature of the special permit involved in the Project and the parttilar circumstances of the case)
subject to the any applicable conditions in the Development Ordenherein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANG�
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: 3/612006'
File Number Q6-00207
11) Architecture and Landscape Architecture:
(1) A project sha be designed Yes. *Yes.
to comply with all a livable
landscape ordinance
(2) Respond to the neiborhood Yes. *yes,
context;
(3) Create a transition in bilk 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.
111) Pedestrian Orieri'Sed Development:
(1) Promote pedestrian Yes, es.
interaction;
(2) Design facades that Yes. *Ye�
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.
City of Miami Page 3 of I1 Printed On: 3/6/2006
File Number: 06-00207
aq V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety minimize
conflict points;
(2) Minimize the nun er and Yes. *Yes.
width of driveways antcurb
cuts; .
(3) Parking adjacent to a treet Yes. *Yes,
front should be minimized d
where possible should be
located behind the building;
(4) Use surface parking areas °} Yes, *yes.
as district buffer.
(I) Provide landscaping that
screen undesirable elements,
such as surface parking lots,
and that enhances space and
architecture;
(2) Building sites should locate Yes. -6 *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.
VI) Screening:
Yes. ;4 "Yes.
V11) Signage and Lighting:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
City of Miami
Page 4 of 11
Printed On: 3/612006
File Number.- 06-00207
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
feature to the 1ilding facade,
on and around landscape
areas, special buildihg or
site features, and/or signage;
(3) Orient outside lightirito 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.
ti
VW) Preserva 7 of Natural Features:
(1) Preserve existing vegetation Yes. �� *Yes.
and/or geological features 4 .
whenever possible.
(1) For modifications of
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
IX) Modification of Nonco fortuities:
Yes. *Yes.
(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,
N.
These findings have been made by the City Commission to approve this project with\conditions.
d- The PROJECT is expected to cost approximately $548,316,208, and to employ'' pproximately
599 workers during construction (FTE-Full Time Employees); The PROJECT will also reSvit in the
creation of approximately 40 permanent new jobs (FTE) and will generate approximately $,829,574
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' Jzth
City of Miami Page 5 of 11
Printed On: 3/6/20O6
Re Number 06-00207
the conditions of this Major Use Special Permit;
(q the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible''to their places of employment;
(5) th.e PROJECT will efficiently use necessary public facilities;
(6) thespROJECT will not negatively impact the environment and natural resources of the City;
(7) the PflOJECT will not adversely affect living conditions in the neighborhood;
(8) the PRJECT will not adversely affect public safety;
(9) based oh the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
(10) any pot tially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, olid waste, heritage conservation, trees, shoreline development, minority
participation and employm t, 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 interest,
Section 7. The application for Ma' r Use Special Permit, which was submitted on December 7,
2005, and on file with the Planning De rtment of the City of Miami, Florida, shall be relied upon
generally for administrative interpretatio and is incorporated by reference.
Section 8. The City Manager is directeto instruct the Planning Director to transmit a copy of this
Resolution and attachment to the APPLICAN
Section 9. The Findings of Fact and Conclus of Law are made with respect to the Project as
described in the Development Order for the PRO CT, 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 this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a c rt or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portionof this Resolution or Development
Order which shall remain in full force and effect,
Section 12, The provisions approved for this Major Use Spe ial Permit, as approved, shall
commence and become operative thirty (30) days after the adoptio f the Resolution.
Section 13. This Major Use Special Permit, as approved, shall a ire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon adoption and signature
of the Mayor. (1)
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 9, 13 and 17 of Ordinance No. 1100 the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Co mission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use ecial Permit
City of Miami
Page 6 of 11 .Printed On: 34'2006
Fite Number: 06-00207
for 1490 Biscayne (MU-2005-036), (hereinafter referred to as the "PROJECT") to be located at
approximately 1400 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached
and incorpo ated), is subject to any dedications, limitations, restrictions, reservations or easements of
record. 4\
After due cisideration of the recommendations of the Planning Advisory Board and after due
consideration of the eqrisistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, thCity Commission has approved the PROJECT, and subject to the following
conditions approves the lljor 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 1400
Biscayne Boulevard, Miami, Florida. Th PROJECT is located on a gross lot area of approximately
4.80± acres and a net lot area of approxi teiy 2.60± acres of land (more specifically described on
"Exhibit A", incorporated herein by referent . The remainder of the PROJECT's Data Sheet is
attached and incorporated as "Exhibit B".
The proposed PROJECT will be a mixed use o tower development ranging in height from
approximately 619 feet to 657 feet to be comprise of approximately 850 total multifamily residential
units with recreational amenities; approximately 108, 43 square feet of office space; approximately
43,540 square feet of retail space; and approximately ,204 total parking spaces; providing for certain
floor area ratio ("FAR") bonuses_
The Major Use Special Permit Application for the PROO\JECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per City of Miami Zoning Ordinance 11000 as amded, Article 17, Section 1701(1), for
development of 850 total residential units.
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(7), for
parking of 1,204 total parking spaces.
Per City Code, Chapter 36-6, request for waiver of noise ordinanc\or construction equipment for
continuous pours.
CLASS II SPECIAL PERMITS
CLASS 11 SPECIAL PERMIT as per Article 6, Section 606.3, for develop nt of new construction
and for the location of any structure including construction fence and c vered walkway, sign,
awning, landscaping, parking area or vehicular way, visible from a public s fleet area within the
SD-6.
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.4.3, to allow for out oor eating areas
and outdoor cafes.
CLASS I SPECIAL PERMITS
CLASS I SPECIAL PERMIT, as per Determination of Use No. 20040-007 dated September 14,
2004, to allow temporary parking of trailers or manufactured homes used in connection ith such
land development activities as temporary construction offices or sales centers.
City of +Viami
Page 7 of 11 Printed On: 3/6,1200'6
File Number: 06-00207
CLASS I SPECIAL PERMIT, as per Article 6, Section 606,5.2, to allow temporary special event
namely ground breaking ceremony.
CLASS I PECIAL PERMIT, as per Article 9, Section 918.2, temporary offstreet offsite for
construction\rews during construction.
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.6,3.6, to allow development signs in
conjunction with"onstruction.
n1
REQUEST for applicabUSP conditions to be satisfied at the time of shell permit instead of at
issuance of foundation per
a) The requirement to reco i in the Public Records a Declaration of Covenants and Restrictions
providing that the ownership, op ation and maintenance of all common areas and facilities will be by
the property owner or a mandato roperty owner association; and
b) The requirement to record in thPublic Records a unity of title or covenant in lieu of unity of title.
Pursuant to Articles 9, 13 and 17 of Zing Ordinance 11000, approval of the requested Major Use
Special Permit shall be considered sufficierfor the subordinate permits requested and referenced
above as well as any other special approvals equired by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantia in accordance with plans and design schematics
on file prepared by Arquitectonica, dated November 8, 2005; the landscape plan shall be
implemented substantially in accordance with plans a design schematics on file prepared by
Kinney -Horn and Associates, dated October 6, 2005; $ 'd design and landscape plans may be
permitted to be modified only to the extent necessary to mpiy with the conditions for approval
imposed herein; all modifications shall be subject to the rep ew and approval of the Planning Director
prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-6 entral Commercial Residential District)
zoning classification, as contained in the Zoning Ordinance, the honing 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, JOITLY OR SEVERALLY,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING;
1) Meet all applicable building codes, land development regulations, o finances 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 oion of the
Department, and to make recommendations concerning security measures and cyst ms; further
submit a report to the Planning Department, prior to commencement of construction, monstrating
how the Police Department recommendations, if any, have been incorporated into the OJECT
security and construction plans, or demonstrate to the Planning Director why such recommendations
are iimpractical.
City of Miami Page 8 of 11 Printed On: 3/h/1OO5
File Number: 06-00207
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 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 dressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Mira rity Participation and Employment Plan (including a
Contractor/Subcontractor Partic ation Plan) submitted to the City as part of the Application for
Development Approval, with thederstanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority lJomen Business Affairs and Procurement Program as a guide.
6) Record the following in the P` fit Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or ertificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, 6peration and maintenance of all common areas and
facilities will be by the property owner or a niAndatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit ovide the City with a recorded copy of the MUSP
permit resolution and development order, and fu er, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the s ject property; said agreement shall be subject to
the review and approval of the City Attorneys Office,
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an forcement policy; a construction noise
management plan with an enforcement policy; and a maint ante plan for the temporary construction
site; said plan shall be subject to the review and approval by e Planning Department prior to the
issuance of any building permits and shall be enforced during nstruction activity. All construction
activity shall remain in full compliance with the provisions of the bmitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use ecial Permit,
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class 1 Special Permits for which specific details have not yet been deeloped or provided, the
applicant shall provide the Planning Department with all subordinate Cla`s 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 a tivities and/or
improvements listed in this development order or captioned in the plans app ved by it.
10) If the project is to be developed in phases, the Applicant shall submi an interim plan,
including a landscape plan, which addresses design details for the land occupyin future phases of
this Project in the event that the future phases are not developed, said plan shall in ude 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 a plicant shall
meet the following conditions: (a) Relocate all stairwells from the building corners to a mor suitable
location; (b) All right-of-way improvements along Biscayne Boulevard must be consistent wit FDOT
City of Miami Page 9 of I 1
Printed On: 3/6/2006
Fite Number: 06-00207
improvements north of NE 14th Street. The Department agrees with parallel parking on the Boulevard
and supports this idea; however it is not identified in the FDOT Biscayne Boulevard street section.
Please coordinate with FOOT; (c) Provide sidewalks of at least 12' width in order to accommodate
active sti het life; (d) Submit a detailed 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 loeptions of all plant materials, existing and proposed. The landscape plan shall include
planting detail and specifications.
12) Pursu1nt to comments by the City of Miami Public Works Department, the following street
improvements shalt be required of the applicant: (a) Biscayne Boulevard - Construct decorative
sidewalk improvemes in accordance with the adopted "Roberto Burle Marx Biscayne Boulevard
Design"; (b) NE 2nd A' nue - replace all broken and damaged sidewalk, curb and gutter on both sides
of the avenue adjacent t the project site and mill and resurface the entire width, curb to curb,
between NE 14th Street an NE 15th Street; (c) NE 15th Street - replace all broken and damaged
sidewalk, curb and gutter on th sides of the street. Construct new sidewalk along the 10 foot
required dedication area. Mill and resurface the entire width, curb to curb, between NE 2nd Avenue
and Biscayne Boulevard; (d) NE 1 th Street - replace all broken and damaged sidewalk, curb and
gutter adjacent to the project site.
13) Within 90 days of the effec e date of this Development Order, record a certified copy of
the Development Order specifying that th 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 cornmencemehktt of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, comp with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderlytfevelopment and goals of the City of
Miami, and complies with local land development regulations anurther, pursuant to Section 1703 of
the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the econ&my of the City; and
(2) the PROJECT will efficiently use public transportation faci'ties; and
(3) the PROJECT will favorably affect the need for people to firl adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; an
(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 th objectives
City of Miami Page 10 of 11 Printed On: 3/6.12006
File Number 06-00207
of the adopted State Land Development Plan applicable to the City of Miami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDE
CITY ATTORNEY
Footnotes :
{1} If the Mayor does not sign this Rsolution, it shall become effective at the end of ten calendar days
from the date it was passed and adop'ed. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of t veto by the City Commission.
City of Miami Page 11 of 11
Printed On: 3/6/2006