HomeMy WebLinkAboutLegislation (Version 2)City of Miami
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Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00143
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE INTOWN VILLAGE PROJECT, TO BE LOCATED AT
APPROXIMATELY 45 SOUTHWEST EIGHTH AVENUE, 715, 717, 727 AND 735
SOUTHWEST 1ST STREET, AND 702 AND 720 WEST FLAGLER STREET,
MIAMI, FLORIDA, TO CONSTRUCT TWO APPROXIMATE 202-FOOT, 19-STORY
HIGH MIXED -USE STRUCTURES TO BE COMPRISED OF APPROXIMATELY 395
TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 33,000 SQUARE FEET OF RETAIL SPACE AND 34,000
SQUARE FEET OF ADDITIONAL ACCESSORY COMMERCIAL USES; AND
APPROXIMATELY 660 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, Simon Ferro, on behalf of Little Havana Associates, LLC,
contract purchaser and Amefra Corporation and New Rabar Corporation, owner (referred to as
"APPLICANT"), submitted a complete Application for Major Use Special Permit for lntown Village
(referred to as "PROJECT") pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance No. 11000,
for the properties located at approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW lst
Street, and 702 and 720 West Flagler Street, Miami, Florida, as legally described in "Exhibit A",
attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale ā¯‘evelopment Committee met on October 26, 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 Zoning Board at its meeting of January 23, 2006, Item No. 6, adopted a
Resolution by a vote of five to three (5-3), recommending APPROVAL of a Change of Zoning requiring
City Commission approval as hereinafter set forth; and
WHEREAS, the Miami Zoning Board at its meeting on April 9, 2006, Item No. 7, following an
advertised public hearing, adopted Resolution No. ZB 06-1166 by a vote of nine to zero (9-0),
recommeding APPROVAL of the Variance as hereinafter set forth;
City of Miami
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File Number. 06-00143
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 1, 2006 Item No.
4, following an advertised public hearing, adopted Resolution No. PAB 17-06 by a vote of four to one
(4-1), recommending APPROVAL WITH CONDITIONS of the Major Use Special Permit Development
Order as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 45 SW 8th Avenue,
715, 717, 727 and 735 SW lst Street, and 702 and 720 West Flagler Street, Miami, Florida, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of two approximate 202-foot, 19-story
high mixed use structures to be comprised of approximately 395 total multifamily residential units with
recreational amenities; approximately 33,000 square feet of retail space and 34,000 square feet of
additional accessory commercial uses; and approximately 660 total parking spaces; providing for
certain floor area ratio ("FAR") bonuses.
Section 4. The Major Use Special Permit Application for the Project also encompasses the lower
ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan, as
amended.
b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) with SD-19
(Designated FAR Overlay: 2.0 FAR) 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.
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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.
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.
that allows for convenient and
*Yes.
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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;
(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
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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
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.
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These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $170,929,379, and to employ approximately
203 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 20 permanent new jobs (FTE) and will generate approximately $861,489 annually in
tax revenues to the City (2005 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served by
the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on 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
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File Number: 06-00143
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 Intown Village (MU-2005-035), (hereinafter referred to as the "PROJECT") to be located at
approximately 45 SW 8th Avenue, 715, 717, 727 and 735 SW 1st Street, and 702 and 720 West
Flagler Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is
subject to any dedications, limitations, restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 45 SW 8th
Avenue, 715, 717, 727 and 735 SW lst Street, and 702 and 720 West Flagler Street, Miami, Florida.
The PROJECT is located on a gross lot area of approximately 2.95± acres and a net lot area of
approximately 2.08± acres of land (more specifically described on "Exhibit A", incorporated herein by
reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT will be two approximate 202-foot, 19-story high mixed use structures to
be comprised of approximately 395 total multifamily residential units with recreational amenities;
approximately 33,000 square feet of retail space and 34,000 square feet of additional accessory
commercial uses; and approximately 660 total parking spaces; providing for certain floor area ratio
("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701(1), for development of 395 residential units.
MUSP, as per Article 17, Section 1701(7), for development of 660 parking spaces.
MUSP, as per Article 17, Section 1701(8) any increased development bonus pursuant to Article 9,
Section 914, a development bonus of 64,312.50 square feet of additional Floor Area, and to pay into
Affordable Housing Trust Fund an amount of $12.40 per square feet equal to $ 797,475.00.
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%),
51,450.00 square feet.
MUSP, as per Article 5, Section 504.2 PUD districts; to increase up to a maximum of ten percent
(10%) of the residential floor area of the development no to exceed 34,000 SF.
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Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for
continuous pours.
VARIANCE
Variance, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article 4, Section
401. Schedule of District Regulations, required side street yard;
Side Street Setback on SW 1st Street:
o Required: 7 feet - 6 inches
o Proposed: 0 feet - 0 inches
o Request to waive: 7 feet - 6 inches.
CLASS 1I SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to increase up to a maximum allowable
building foot print of 77,175 SF.
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access width from a public street
roadway greater than twenty five feet (25').
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite parking and
staging during construction.
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.3.2, to waive City of Miami Offstreet
Parking Guides & Standards to reduce access aisles distance from 23'-0" to 22'-0" at all parking
levels.
CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT, as per Article 10, Section 10.5.4.3 for construction sign.
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony.
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1(d), to allow a trailer(s) for security in
connection with land development or construction.
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a trailer(s) for use as temporary
offices in connection with land development, construction or other purposes such as leasing and sales.
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, for temporary offstreet offsite parking for
construction crews.
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
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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 Behar Font & Partners, P.A., dated December 5, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by Behar
Font & Partners, P.A., dated December 5, 2005; said design and landscape plans may be permitted to
be modified only to the extent necessary to comply with the conditions for approval imposed herein; all
modifications shall be subject to the review and approval of the Planning Director prior to the issuance
of any building permits; and
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial) with
SD-19 (Designated FAR Overlay: FAR 2.0) 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 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.
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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 I Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Eliminate the Affordable Housing and PUD bonuses to reduce the
scale of the 19-story building to the surrounding area; (b) Reduce the service entrance off W. Flagler
Street to a minimum dimension for a one-way service exit and right turn only; (c) Revise the Flagler
Street side to include an enhanced landscape verge to incorporate the shade trees and bring the
sidewalk to the edge of the arcade and the retail entrance along Flagler Street should have direct
access to the public sidewalk; (d) The service entrance next to the main lobby entrance along SW 7th
Avenue shall be revised to add detailing to the ground level interior wall to accentuate the lobby
entrance; (e) Illustrate and provide structural/architectural details such as relief and add color,
material, or other facade treatment such as scoring, adding stucco accents, etc. to the blank concrete
walls on the north and west elevations of the parking garages. (f) The articulated wall above the
garage entrance should follow the rest of the building design and/or continue the pattern from the rest
of the facade to this area as well.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required: (a) Flagler Street, SW 1st Street and SW 8th Avenue - Coordinate
the replacement of all damaged and broken sidewalk, curb and gutter adjacent to the project site with
the Florida Department of Transportation; for (b) SW 7th Avenue - Replace all damaged and broken
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sidewalk, curb and gutter on both sides of the avenue. Mill and resurface the entire width of the
roadway, curb to curb, between Flagler Street and SW 1st Street
13) A development bonus to permit a mixed use of 64,312.50 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot =
$797,475.00.
14) That the requested application for the Change of Zoning on these properties are approved
by the City Commission
15) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance dateshall 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 goalsof the City
of Miami, and complies with local land development regulatins and further, pursuant to Sectin
1703of he Zonig Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and(2)the
PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources of
the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through conditions
of this 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:
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{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
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