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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution: R-06-0190 City Hail 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File lumber: 06-00258 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 5, 9, 13 AN❑ 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE CHELSEA PROJECT, TO BE LOCATED AT APPROXIMATELY 1550 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 649-FOOT, 53-STORY HIGH MIXED -USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 385 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 79,956 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 5,139 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 4,981 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 511 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES. WHEREAS, on January 5, 2006, Simon Ferro, on behalf of 1550 The Chelsea, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for The Chelsea (referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1550 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 November 30, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on December 21, 2005, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 15, 2006 Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 20-06 by a vote of six to zero (6 -0), recommending APPROVAL 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. City of Miami Page 1 of 11 ( Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-O6-0190 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 1550 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 649-foot, 53-story high mixed -use structure to be comprised of approximately 385 total multifamily residential units with recreational amenities; approximately 79,956 square feet of office space; approximately 5,139 square feet of retail space: approximately 4,981 square feet of restaurant space; and approximately 511 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. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *Yes. City of Miami Page 2 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-06-0190 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: (1) Design for pedestrian and Yes. *Yes. vehicular safety to minimize conflict points; City of Miami Page 3 of 1I Printed One 4/10/2006 File Number: 06-00258 Enactment Number : R-06-0190 (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 neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape City of Miami Page 4 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-06-0190 areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize glare to adjacent properties; (4) Provide visible signage identifying building addresses at the entrance(s) as a functional and aesthetic consideration. Yes. Yes. *Yes. *Yes. VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *Yes. and/or geological features whenever possible. IX) Modification of Nonconform ties: (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 $513,988,789, and to employ approximately 483 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 17 permanent new jobs (FTE) and will generate approximately $2,665,851 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; City of Miami Page 5 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-O6-0190 (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 January 9, 2006, 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 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 The Chelsea (MU-2006-002), (hereinafter referred to as the "PROJECT") to be located at approximately 1550 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. City of Miami Page 6 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-06-0190 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 1550 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.21± acres and a net lot area of approximately 0.73± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be an approximate 649-foot, 53-story high mixed use structure to be comprised of approximately 385 total multifamily residential units with recreational amenities; approximately 79,956 square feet of office space; approximately 5,139 square feet of retail space; approximately 4,981 square feet of restaurant space; and approximately 511 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 385 total residential units. MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(7), for parking of 511 total parking spaces. MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%),for a total area = 88,667 square feet of bonus. MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(8), any increased development bonus to Article 9, Section 914 increase the floor area by twenty five percent (25%), a development bonus of 109,060 square feet of additional Floor Area, and to pay into Affordable Housing Trust Fund an amount of $12.40 per square feet equal to $1,352,344. CLASS II SPECIAL PERMITS CLASS ll SPECIAL PERMIT, as per Article 6, Section 606.3.1., or development of new construction within the SD-6. CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 10, Section 10.6.3.6.2, for signage approval; CLASS 11 SPECIAL PERMIT, as per Article 9, Section 908.2., for access from public street roadway with driveway greater than twenty five (25) feet in width; CLASS II 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 11 SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City of Miami City of Miami Page 7 of 1l Printed On: 4/10/2006 File Number- 06-00258 Enactment Number: R-06-0190 Off-street Parking Guides and Standards for reduction of required backup parking space from 23 to 21 feet. CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction CLASS 1 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 1 SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary special event namely a ground breaking ceremony. CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, temporary off-street 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 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 the firms of Kobi Karp Architecture and Interior Design and Thomas Phifer & Partners, dated December 22, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated December 20, 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: City of Miami Page 8 of 1 1 Printed On: 4/10/2006 Fife Number: 06-00258 Enactment Number: R-06-0190 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. 8) Provide the Planning Department with a temporary construction plan that includes the following: a temporary construction parking plan, with an enforcement policy; a construction noise management plan with an enforcement policy; and a maintenance plan for the temporary construction site; said plan shall be subject to the review and approval by the Planning Department prior to the issuance of any building permits and shall be enforced during construction activity. All construction activity shall remain in full compliance with the provisions of the submitted construction plan; failure to comply may lead to a suspension or revocation of this Major Use Special Permit. 9) In so far as this Major Use Special Permit includes the subordinate approval of a series of Class 1 Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and City of Miami Page 9 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-06-0190 detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11) Pursuant to design related comments received by the Planning Director, the applicant shall meet the following condition: A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: (a) NE 16th Street - Construct new sidewalk, curb and gutter to the property line and grade on the south side of the street adjacent to the project site. Replace all damaged sidewalk, curb and gutter on the remainder of the street and mill and resurface the entire width curb to curb, between NE 2nd Avenue and Biscayne Boulevard; (b) NE 15th Terrace - Construct new sidewalk, curb and gutter to the property line and grade on the north side of the street adjacent to the project site, Replace all damaged sidewalk, curb and gutter on both sides of the street and mill and resurface the entire width, curb to curb, between NE 2nd Avenue and Biscayne Boulevard; (c) Biscayne Boulevard - Construct new sidewalk at the corners adjacent to the project site in order to comply with the 25 foot corner radius dedication requirement. Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the project site. Please contact the City's Planning Department and the City's CIPITransportation Department for Burle Marx Decorative Sidewalk implementation requirements. 13) A development bonus to permit a mixed use of 109,060 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot $1,352,344. 14) Within 90 days of the effective date of this Development Order, record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit. CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable impact on the economy of the City; and City of Miami Page 10 of 11 Printed On: 4/10/2006 File Number: 06-00258 Enactment Number: R-06-0190 (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 CORRECTNESS: JORGE L. ER ANDEZ CITY ATT RN 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: 4/10/2006 City of Miami Legislation Resolution City Hal! 3500 Pan American Drive Miami, FL 33133 wn^�v.ci_miami fl.as' File Number: On-00258 Final Action D te: 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. 1100t ; AS AMENDED. FOR THE CHEL; EA PROJECT. TO BE LOCATED AT/ APPROXIMATELY 1550 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE 649-FOOT, 53-STORY HIGf# MIXEDµUSE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 3 5 TOTAL MULTIFAMILY RESIDENTIAL UNjS WITH RECREATIONAL AMENITIES; APPROXIMATELY 79,956 SQUARETEET OF OFFICEPACE; APPROXIMATELY 5,139 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 4,981 SQUARE FEET OF RESTAURANT SPACE; ANQ,APPROXIMATELY 519 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR'') BONUSES, WHEREAS, on January 5, 2006, Simon Ferro' onbehalf of 1550 The Chelsea, LLC (referred to as "APPLICANT"), submitted a complete Application for',_Major Use Special Permit for The Chelsea (referred to as "PROJECT") pursuant to Artioies 5, 9, 13, and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 1550 Biscayne Boulevard, Miami, Florida, as legally described in "Exhibit A", attached and incorporated;,nd WHEREAS, development of the Pr ject requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the ZonhcJ Ordinance of the City of Miami, Florida, as amended; and -' WHEREAS, the Large Scam; Development Committee met on N`gvember 30, 2005 to consider the proposed project and offer its nput: and • WHEREAS, the Urban/Development Review Board met on December 21, 2005, to consider the proposed project and repommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 15, 2006 Item No 1, following an advertised public hearing, adopted Resolution No, PAB 20-06 y a vote of six to zero (6 -0), recommending APPROVAL 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; NOWITHEREFORE, 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. City of'4lfaera Page y of1} _ Printed On,377.I2 1) Fite Number_ 06-00258 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 1550 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of an approximate 649-foot, 53-story high mixed -use structure to be comprised of approximately 365 total multifamily residential units with recreational amenities: approximately 79,956 square feet of office space; approximately 5,139 square feet of retail space; approximately 4,981 square feet of restaurant space; and approximately 519 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. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *yes. City of ico Page 2 rsf 1 i Prinzed.On 3i7/200 File Plumber; 06-00258 to comply with al; 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: (1) Design for pedestrian and Yes. *Yes, vehicular safety to minimize conflict points; City .nf Miami -Page--3-of Printed.On: 7/7(2006 . Fite Number: O5 OO258 (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 neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape City of Miami Page 4 of 1 1 Printed -On: /7 2006 File Number: 06-00258 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: (,) 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 he 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 $513,988,789, and to employ approximately 483 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 17 permanent new jobs (FTE) and will generate approximately $2,655,851 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; City of Micimi age 5 of 11. Printed O•t 3/7-1{9O6 File Plumber: 06-00258 (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 January 9, 2006, 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 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 The Chelsea (MU-2006-002), (hereinafter referred to as the "PROJECT") to be located at approximately 1550 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. CCiry of 'Viand Page 6 of I Printed Oi.• 3/712006 i-ir`e .Number; 06-00258 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 1550 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.21± acres and a net lot area of approximately 0.73t 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 8". The proposed PROJECT will be an approximate 649-foot, 53-story high mixed use structure to be comprised of approximately 365 total multifamily residential units with recreational amenities; approximately 79,956 square feet of office space; approximately 5,139 square feet of retail space; approximately 4,981 square feet of restaurant space; and approximately 519 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 365 total residential units. MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(7). for parking of 519 total parking spaces. MUSP; as per City of Miami Zoning Ordinance 11000 as amended, Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%),for a total area = 88,667 square feet of bonus. MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17, Section 1701(8), any increased development bonus to Article 9, Section 914 increase the floor area by twenty five percent (25%), a development bonus of 109,060 square feet of additional Floor Area, and to pay into Affordable Housing Trust Fund an amount of $12.40 per square feet equal to $1,352,344. CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1,, or development of new construction within the SD-6. CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and covered walkway; CLASS 11 SPECIAL PERMIT, as per Article 10, Section 10.6.3.6.2, for signage approval; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2., for access from public street roadway with driveway greater than twenty five (25) feet in width; CLASS 11 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 II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City of Miami City a/ ;tillirmi Page of i z Primed OM, 3/7/ 00J6. Fite Number: 06-00258 Off-street Parking Guides and Standards for reduction of required backup parking space from 23 to 21 feet. CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction CLASS 1 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 I SPECIAL PERMIT, as per Article 6, Section 606.5.2, to allow temporary special event namely a ground breaking ceremony, CLASS 1 SPECIAL PERMIT, as per Article 9. Section 918.2, temporary off-street 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 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 the firms of Kobi Karp Architecture and Interior Design and Thomas Phifer & Partners, dated December 22, 2005; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated December 20, 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: Ciro' of Miami Page 8 of li Printed On 3/ 7200.6 File Number.- 06-00258 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit including the required Affordable Housing Trust fund contribution of $ i 2.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating 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. 6) 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 Gity'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 ail subordinate Class I Special Permit plans and of .1fia»2i Page 9 of 11 Printed Di 3/7/2O(I6 File Humber: 06-00258 detailed requirements for final review and approval of each one prior to the issuance of any of the subordinate approvals required in order to carry out any of the requested activities and/or improvements listed in this development order or captioned in the plans approved by it. 10) If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, which addresses design details for the land occupying future phases of this Project in the event that the future phases are not developed, said plan shall include a proposed timetable and shall be subject to review and approval by the Planning Director. 11 } Pursuant to design related comments received by the Planning Director, the applicant shall meet the following condition: A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant: (a) NE 16th Street - Construct new sidewalk, curb and gutter to the property line and grade on the south side of the street adjacent to the project site. Replace all damaged sidewalk. curb and gutter on the remainder of the street and mill and resurface the entire width curb to curb, between NE 2nd Avenue and Biscayne Boulevard; (b) NE 15th Terrace - Construct new sidewalk, curb and gutter to the property line and grade on the north side of the street adjacent to the project site. Replace all damaged sidewalk, curb and gutter on both sides of the street and mill and resurface the entire width, curb to curb, between NE 2nd Avenue and Biscayne Boulevard; (c) Biscayne Boulevard - Construct new sidewalk at the corners adjacent to the project site in order to comply with the 25 foot corner radius dedication requirement. Coordinate with the Florida Department of Transportation for replacement of all broken and damaged sidewalk and curb and gutter adjacent to the project site. Please contact the City's Planning Department and the City's CIP/Transportation Department for Burle Marx Decorative Sidewalk implementation requirements. 13) A development bonus to permit a mixed use of 109,060 square feet of floor area shall require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot = $1,352,344. 14) Within 90 days of the effective date of this Development Order. record a certified copy of the Development Order specifying that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from the date of its issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Permit, CONCLUSIONS OF LAW The PROJECT, proposed by the APPLICANT. complies with the Miami Comprehensive Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations and further, pursuant to Section 1703 of the Zoning Ordinance: (1) the PROJECT will have a favorable irnpact on the economy of the City; and City of :Ilium/ Page.10 of 77 Printed (}n 3i7/2006 Fife Number: 06-00258 (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 potentralty 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 11 of 12 Parried fin 3 7/2G05