HomeMy WebLinkAboutResolution No. 01-199rrat
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RESOLUTION NO , f ' , - 1 9 9
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, APPROVIN?C WITH CONDITIONS,
A MAJOR USE SPECIAL PEMIT PURSUANT TO
ARTICLES 13 AND 17 Of ZONING ORDINANCE
NO, 11000, FOR THE MIRAMAR CENTER - PHASE II
AND III PROJECT, A PHASED PROJECT TO .EE
LOCATED AT APPROXIMATELY 1700 NORTH EA.YSHOR.E
DRIVE, MTAMI, 1~LORIDA, TO BE COMPRISED OF
NOT MORE THAN 635 RE(IDENTIAL UNITS,
I_CCESSORY RECREATIONAL SPACe, 110,372 SQUARE
FEET OP OTHER NONRESIDENTIAL USE AND 763
PARKING SPACES; DIRECTING TRANSMITTAL OF THE
HEREIN RESOLUTION; MA ING FINDINGS OF FACT
AND STATING CONCLUSIONS CV LAW; PROVIDING
FOR BINDING EFFECT; CONTAINING A
SEVERABILITY CLAUSE AND 1:ROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on November 7, 2000, the applicant, Vicky Garcia
Toledo, Esq,, on behalf of Tibor Ho to for Florida East Comet
Realty and Louis Baron for Syncrc n Parking Systeme, Inc.,
(hereinafter referred to as "APPLICAI T") , mubm.itted a complete
Application for Major Use Special, Permit for the Miramar Center
Phaee II and III Project (hereinafter referrer, to ae
„PROJECT") pursuant to Articles 1.3 and 17 of Zoning Ordinance
No. 11000, for the property located at approximately 1700 North
Cray 701MISSION
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Daysho:re Drilfft), Miami, Florida, as legally 'de.Jcribed on
"Exhihlt El", attached hereto and in "Exhibit A":,. the Develop ent
Order attached hereto; and
WHEREAS, development of the PSOJECT require61 te 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, ae amended; and
WHEREAS, the Large Scale Development Committee rnet on
September 19, 2000 to consider the proposed PROJECT and offer
its input; and
WHEREAS, the APPLICANT has modiVied the proposed PROJECT to
addrens the expressed technical concerns raised at ,mid Large
Scale Development Committee meeting; and
WHEREAS, the Urban Development eview Board met on November
15, 2000 to consider the proposed PROJECT and recommended
appl-oval, with conditions as specified in the attached
Development Order, of the PRO/tCT; and
WHEREAS, the Miami Planning Adw.sory Board, at ± meeting
held on January 17, 2000, Item No. 6, following an Advertised
public hearing, adopted Resolution No. PA B 06-01 by a vote of
five to zero (5-0), RECOMMENDING APPROVAL of the Aajor Use
special Permit Development Order as attached hereto; and
WHEREAS) the City Commission deems it advisable and in the
best interest of the general welfare of the City of Miami to ,
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1srue a Major 1 Special tit Dev lop ent Order as
hereinafter sat forth,
NOW, THEREFORE, BE IT RESOLVED BY THE COMM]:SSIDN OP THE
CITY OF MIAMI, FLORIDA:
DA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as :,f fully yet forth in this
Section,
Section 2. A Major Use Special Permit D .velopment
Order, attached hereto as "Exhibit A" and made a part )hereof, is
hereby approved subject to thei conditions specified in said
Development Order, per Article 17 of Zoning Ordinance No. 110O0,
for the Miramar Center - Phase II and III Project (ho.reinafter
referrtd to as the "PROJECT") to be d,?2v-eloped by Tibor Holia for
Florida East Coact Realty and Louis Baron for Syncrcn Parking
Systeme, Inc, , ("APPLICANT"), at approximately 1700 North
Bay'share drive, Miami, Florida, more particularly described on
"Exhibit f" , attached hereto and made a part hereof.
Section 3. The PROJECT is hereby approved as Phases 11
and 111 of a phased development for the construction of up to
635 residential unite, with accessory recreational space,
110,372 square ,feet of other nonresideintial uses and 763 parking
spaces.
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Gectian The Major Use 9p zi.ia1 Permit App1:.cation for
the PROJECT also encompasses the lower ranking : Sppeca al Permitn
set forth in the Development Ordsr, attached as 'Exhibit A"
hereto and incorporated herein and tie requested Modification of
Covenant.
section 5. The findings of fact . et forch below are
hereby made ,with respect to the subject PROJECT:
a. The PROJECT is in conformity with the ac.opted
Miami Comprehensive Neighborhood Plan 1. 89.2000,
as amended
b. The PROJECT is in accord with the SD-& 2oning
classifications of Zoning Ordinance No. 11000,
the Zoning Ordinance of the City of Miami,
Vlorida, as amended.
c a Pursuant to section 1305 o_! the Zoning Ordi aance
of the City of Miami, FlorLda, the specific sate
plan aspects of the PROJECT, i,e., ingress and
egress, parking, signs and lighting, utili.d .es,
drainage, preservation of natural features and
control of potentially adverse effects generally,
have been considered ar..d win be fu:4ther
considered administratively during the pr'ocee a of
issuing a building permit and a cerbifi.cat a of
occupancy,
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phaae I of the PROJECT is expec'ted to 008t
approximately $200 million, and :to enploy
approximately 330 workero during construction
(FTE); the PROJECT will also resuJ,t 'ill the
creation of approximately, e5 permanent new Jobs,
The PROJECT will generate approximately $3,3
million annually in tax revenues to local 'Inits
of government (2000 dollars).
s, 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
PROLITCT will be mitigated through compl:.ance
with the conditions of this major use
Special Permit;
(4) the PROJECT will favorably affect the need
for people to find adequate hol„sing
reasonably aocassible to their placeE of
employment;
(.5) the PROJECT will effil:iently use neoefisary
public facilities;
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(6)
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(7)
Section 6
and amended,
successors in
Section 7
PeLLdit, which
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the P ,CT w .1,1 not negatively 1 a he
environment and natural resourdea of the
City;
the PROJECT will not adversely affect .aiv±ng
conditions in the neighborhood;
(8) the PROJECT will not adversely affect rublic
safety;
(9) based on the record, presented and evidence
presented, the public wed. fare will be served
Sy the PRoJ tCT and
(1o) any potentially adv8Irae effects of the
PRQJ CT arising from aafetty and security,
fire protection and life safety, gelid
waste, heritage conservation, t., ees,
shoreline development, ratio city
participation and employment, and minority
contractor/subcontractor participation will
be mitigated through compliance with the.
conditions of this Major Use Special Parriit.
The Major Use Special Kermit, as approved
shall -be binding upon the APPLICANT and any
interest
The
application for Major
Use Special
was submitted an November 7, 2000, ant. on file
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with the Department of PIarnirg and Zoning of the City Of Mlami,
Florida, shall be relied upon generally fer administrative
interpretations and 18 made a part hereof by reference.
Section 8. The City Manager is hereby d:_reoted to
instruct the Director of the Department of Planning and Zoning
to transmit a copy of this Resolution and attachmomt to the
developers: Vicky Garcia -Toledo, Esq. on behalf of 'Tibor Rollo
and Louis Baron, 2500 First Union Financial Center, 200 South
Biscayne Boulevard, i1imj, Fl. 33131.
Section .9,,
The Finding of Fact and Conolusiims of Law
are made with respect to the PROJECT as desoribd in the
nevelopment Order for the Miramar 7]enter - Phase 11 and In
Project, which is attached hereto as "Exhibit A" and made a part
hereof by reference
Section 10, Th Major use Special Permit', oavelopment
Order for thm Miramar Center Phase II and iir Project
("Exhibit A") is hereby granted and insued.
section 11. In the event that any portion or flection of
this Resolution or the Development Order ("Exhibii: A") is
determiniad to be invalid, illegal, or unconstitutional hy a
court or agency of competent jurisdiction, such decision
in no manner affect the remainin pori:ions of this Re 4lution or
shall
Development order ("Exhibit A") which shall remain in full force
and effect,
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SOct._;_Qn 12. The prCvisiono a9provd for to: ie Major Use
Special Permit, ao approved, shall commence and 'become operative
thirty (30) days after- the adoption oe the herein Resolution.
Section 13. This Major Use Special Pai►dt, as approved,
shall expire two (2) years from its commencement and operative
date.
Section 14. This Resolution shall become affective
immediately upon ita adoption and signature of the Mayo.a. y/
PASSED AND ADQPTE0 this 22nd day of Fe )ruary
ATTEST:
,JOE CARQLLO, MAYOR
in a oollaN $ wlth Mlarnl Code Sec. mete 4he Mayor did not liCkt°t, �7'r°"of
thl5 legiolatlon by sIgnIn#, li In t;,, :, ,,�,.:n ,� � P,+r , .;.om.: e ?-. .. °J
bocrsmbe Ofective with the olepc a' IN1 (10) d y
regiardIng game, wkhout IV* Maya caercis'
4ALTER ' . FOEMAN
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Ole Mayor doea not aigri this Reaoluiion, .it eha11 bloom(' effective
et Cho end of ten calendar days from the date it was oasued and
adopted. If the Mayor vetoes this Resolution, it ehlti.1 become
effective immediately upon override of the veto by the City Commission,
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5911XU I13 I A"
ATTACHMENT TO
RESOLUTION NO. O 0 - -- --
DATE: d f 20 )1.
Miramar Center PHASES II and III :£'RO+ ECY
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 15 and 17 of Ordinance
No, 11000, the Zoning Ordinance of the City of Mimi, Florida,
es amended, the Commission of the City of Miami, Florida, has
considered In a public hearing, the issuance of a ;Major Use
Special Permit for the Miramar Center - Phase II and III Project
(hereinafter referred to as the "PtOJECT") to be located at
approximately 1700 North Bayehore Drive, Miami, Flo::ida, sae
legal description on "Exhibit 23" , attached hereto ard made a
part hereof; said legal description is subject to any
dedications, limitations, restrictions, reseiv'at Lone or
easements of record,
After due consideration, of th recommendations of the Planning
Advisory Beard and after due considr retion of the consistency of
this proposed development with the Miami Cott rahansive
Neighborhood Plan, the City Commission has approved the PRoLJECT,
and subject to the following conditic'ne approves the Major Use
Special Permit and herby issues this Permit:
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FINDINGS 0 " FACT
PROJECT DESCRIPTION
The proposed Miramar Center ® Phases II and III Project is
a residential/mixed use development to be 10 hated at
approximately 1700 North Eayshore Drive, Miami, Floridal
( "PROTECT'') , The PROJECT is located on a gross J o : area of
approximately 121,472 square foot and a net lot area of
approximately 70,330 square feet of land (more epeifica11y
described on "Exhibit E", incorporated herein by reference)
The remainder of the Project's VITAL DATA is attached hereto as
„EXHIBIT C" , and incorporated herein try reference
The proposed PROJECT will comlist of no more than 635
residential unite with accessory rnereati,oral space, 110,372
square feet of ether nonresidential uses and a tota.1 of 763
parking spaces
The ownership, operation and mti.nterlance of common areas
and facilities will be by the property owner or (in the case of
the property being converted to condominiums) a mandatory
property owner association in perpetuity pursuant to a recorded
Declaration of Covenants and Restrictions.
The Major Use Special Permit Application for the Project
also encompasses the following lower Tanking Special Permits:
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CLASS I SPECIAL PE TIT a per A title , Section 904.E for
active recreational facilities (:f eluding li swirnrn .g pool) ;
CLASS X SPECIAL PERMIT as per Section 915,2 for FAA
clearance letter;
CLASS I SPECIAL. PERMIT to permits staging and parking during
construction (to be approved pr;.or to obtaining it au , .ding
permit from Planning):
CLASS T SPECIAL PERMIT for Development prnent S±gne when combined
with construction/rental signs/
CLASS l SPECIAL PERMIT as per Azticle 9, Section 921 . 2 <1 to
allow valet parking for reeident;.a1 and. other Uaco;
CLASS I SPECIAL PERMIT as for a temporary coastructton
trailer;
CLASS II SPEC/AL PERMIT au per Article 6, Secticn 606 for
development of new construction within the SD- C Di Strict
CLASS II SPECIAL PERMIT for a temporary conetr mLion fence
and covered walkway;
CLASS TT SPECIAL PERMIT for reduction of loadtg births;
CLASS II SPECIAL PERMIT as per Article 15 for waiver of
certain off street parking Guide and Standards;
CLASS I SPECIAL PERMIT for backup into a public, alley;
Certificate of Appropriatenes.J for ground disturbing
activity in an archeological conservation area !City Coda
Section 23-5a);
City Commission approval for the following:
1.. Waiver of Noire Ordinance during the required concrete
pours for construction of the building (City Cods Chapter
38).
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2.Modification of a Declaration oRestricticn8 da
day of geptember 1995 and amended on 10th day of AUgust
19M previously approved by City Commissioa, Said
modification maintaining the ':previonaly approvd density
and relocating the 678 units Jfrom Phaee 11 and 111 o be
combined in phase 1/. Phaae IIT is to remain with
100,000 sq, ft for usei listed in Decla:nation of
Restrictive covenants as amendad.
Pursuant to Articles 13 and 17 of Zoning Ordinar.ce 11000,
approval of the requested Major ago Special Permit shall be
considered sufficient for the subord3mate permits reqt.est.ed and
referenced above as we11 as any oth r special spprovalfl required
by the City which may be required to carry out the requested
plans
The PRDLTRCP,;' shall be constructed substantlelly „tn
accordance with plans and design schematics on file pepared by
The corradino Group, dated Octobers 2000; the lands:mpe plan
shall be implemented substantially in accordance with plans and
design schematics on file prepared by Urban Resourie Group
dated october, 2000; said design and landscape plans may be
permitted to be modified only to the extent necessary to comply
with the conditions for approvaLl imposed herotn; all
modifications shall be subject to the review and approval of the
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Director of the Department of Planning and Zoning prior to the
issuance of any building permita,
The PROJECT conforms to the requirements of tha 81)-6 Zoning
District as contained in Ordinance No. 11000, t:le Zoning
Ordinance of the City of Miami, Florida, as amended.
The existing comprehensive plan Euture land use dlasignetion
on the subject property allows the proposed mix of rasidential
and commercial uses,
COND ITIONS
THE APPLICANT, ITS SUCCESSORS, LND/OP. ASSIGNS, ,OINTLY CDR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BU/LIDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meat all applicable building codes, land duvelopment
regulations, ordinances and oche laws,
2. Pay all applicable fees due prior to the issuance of a
building permit; and, pay DRI fees required reserve
development credits within 60 day of the effective date of
this Resolution.
3. Allow the Miami police Departmant to conduc'7. a security
survey, at the option of the Department, and to make
recommendations concerning security measures and syateMe;
further submit a report to tlie Department of Planning and
Zoning, prior to commencvment of com:truction,,
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demonotrating bow the PolicG D ra.°6.. trnt recaml endl ion s, it
any. have been incorporated into the PROJECT security --and
cr nstxuction . plans, or demonstrate to the Plarminq Director
why such recommendations are impractical.
4. Obtain approval from, or provide a letter from the
Department of Fire -Rescue indicating APPLICANT'S
coordination with members of the Fire Plan Reviow Section
at the Department of Fire -Resole it the review of the scope
of the PROJECT, owner responsibility, building d :ve1opment
praoecs and review procedureii, as well as specific
requirements for fire protection. and life safety, eysteme,
exiting, vehicular access and water supply.
5 , Obtain approval from, or provide a letter of assu,:ance from
the Department of Solid Waste that the PROLI CT has
addressed all concerns of the said Department pr3ar to the
obtainment of a shell permit,
6. Prepare a Minority Participation and Employment Plan
(including a Contra.otor/Subco ,t:cact,or Ps.rticl.pation Plan)
to be slihmitted to the City' s D: rectar of Equal } mployment
Opportunity for review and comme:ats, with the undttrstanding
that the APPLICANT must use its beet efforts to !allow the
provisions of the City' s Minority/Woman eueines Affairs"
and Procurement Program as a guide.
7 .Rocird the following in the Publ i.o Records of Dace County,
Florida, prior to the issuance of a shell perm:,t; (a) a
Declaration ot Covenants and li, etrictions proving that
the owner hip, operation and maintenance of a:.1 common
crude and facilities wi11 be by the property ov-ner or a'
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mandatory property owner assooiaticn in pe stu:tty, (b) a
certified copy of the development order Apec,ifyin; that the
Development Order runs with the land and is bind;mg on the
APPLICANT, its successors, Atnd assigns, jointly or
severally,
8. Prior to the issuance of a sh611 permit, deman,strrtte to the
City that the PROJECT has either; (a) comp:Leted its
condominium requirements and has been approved t:c r such by
the state of P1orida; or (b) provide the city with an
executed recordable unity of title or covenant Lri-Lieu of
unity of title agreement for the subject~ property; said
agreement shall be subject to the review anct a.Eprova1 of
the City Attorney' s Office.
9, Provide the Department o Public Works with `plans for
proposed sidewalk and Swale area improvements :including
implementation of the Iur1e Marx plan ;or Biscayne
Boulevard) for its review and approval prior' to the
issuance of a building permit
10, Provide the Department of Planning and Zonin5f with
temporary parking plan, including an oper'at:ioxLa1 plan,
which addresses construction employee parking d•iring the
construction period/ said plan shall be subj ec a to the
review and approval by the c!partment of Planning and
Zoning prior to the issuance of any building permits and
shall be enfcrced during construction activity,
11. Pursuant to the Departments of Fire —Rescue exact General
services Administration, the rrc,of area, of the proposed
structures shall be made available to the City of Miami for
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anynecessary ccnrnun±caticns equipmetit at Tic chrg to the
City.
12. The applicant shall keep the Dade County archeologist
apprised of all ground dieturbLng activity/ ;based upon his
findings, some level of monitoring by a private
archeological consultant may be required.
13. Pursuant to staff design review, the APPLICANT''shall submit''
final, revised design details, including mat:eris_1s, color
when s, and final landscape and lighting plan, to the
Director of the Panning and Zoning Department or review
and, approval, prior to the issuance ®f a building permit,
14. Prior to the issuance of a shell permit, the APPLICANT
shall submit an interim plan, Lnc1uding a ].ends gape plan,
which addressee design details for the land occupying Phase
III of this project in the everst that the futum phase is
not day loped; said plan shall Include a proposed timetable
and shall be subject to review and approval by th,a Director
of the Planning and Zoning Department.
15. Prior to the issuance of any building permits fox Phase III
of this project, the applicant shall conduct, updated
traffic studies that shall include recommendations for
mitigation.
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16 . P j tea i.e issi. t n e o: Building Permit tor P',wee err and
for Phase I11, as applicable, cable, APPLICANT eha11 submit plane
for a decorative conetructi n fence, Which shaJ,1 serve to
block the view of the construction site from the public, to
the City of Miami Planning axiUU Zoning Departrne,at for its
review and approval..
THE CITY SHALL a
Establish the operative elate of this Pe°rrni': as dieing
thirty (30) day from the date of its issk;ance j the
issuance date shall constitute the commencement of the
thirty (30) day period, to appeal from the provisions of the
PeLmit~ .
CONCL't1S IONS OF LAW
The Miramar Center Project, proposed by the applicant,
Tibor Hol.la for Florida East Coast Realty and Louis Baron for
.yncron Parking systems, Iric , , ("APPLTCAINT") , complies with the
Miami Comprehensive Neighborhood Plan 19e9-2000, is l'onsistent
with the orderly development and goal:5 of the City of Miami, and
complies with local, land development: regulations and further,
pursuant to Section 1703 of Zoning ordinance-; No, 11.000:
(1) the PROJnCT will have a favorable impact: on the
economy of the city; and
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(2) the PROJECT will effioie .ta.y uee public transpo t ti.on
facilities; and
(3) the PROJECT will favorably effect the need for people
to .find adequate bousincr reasonably acc assi.b1e to
their places of empl.oymen; and
(4) the PROJECT will ee iciclat1y use necessary public
facilities; and
(5) the PRO PCT will not negatively impact the onvironme'it
and natural resources of the City; and
(6) the PRO/CT will not adve: e1y affect public safety;
and
(7) tht public welfare will be 3erved by the I?RO ECT; and
(8) any potentially adverse effects of the PROJE:T will be
mitigated through conditions of thi Major Use Special.
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objective of the adopted Otate Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of Zoning Ordinance No. 1 1 a o 0 , the
specific site plan aspects of the PROJECT i , e . , ingress and
egress, offstreet parking and loading, refuse and service areas,
signs and lighting, utilities, drainage and control of
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p6,_entia1ly adverse eEfecte gwlerally hav been conGidered arid
will be further conAidered adminiw:ratively 'tiring the pr Qesa
of issuing iadividual building permits and certleicates of
OcCUpariCy,
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