Loading...
HomeMy WebLinkAboutResolution No. 01-199rrat 305 858 1610 P,02 • • • 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 kiltaaiutaw NO, O1- 199 n7nrann °4 riVTANNOc't017q1-11 0771 P`1n1)7n Ai- 'qua GSG 1610 P.03 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 , Page 2 of 8 OFO/c00',4 ti 9V '.1.c1 'WNW 'Nf79Iq 17:7f (TM711 Af- V44 sal F . s..L ae� t3i It W t-'.Y]A • • 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. Page 3 of B 01- :199 `111 'ig411f0r 'NI7'i1R 17:7! irn[)7n 744 6 3 N. aL3a tf9t1 lt710 .H , SAS • • 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, Page 4 of 8 01- 159 O?O!sOO 9V'11°).1W1 ic'N1179 q 17°,r NCH) 7n i-°aq4 I 1 t 6-II 1 -3VO t:;1 10111 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; • Page 5 of e 01- 109 n7nignn 91/ )11A1A111 IM I 79 I cl 17:7! Onlon,qLI wt ,aa we t 1 ZUD 1t: i& 1" e T ( (6) • (7) Section 6 and amended, successors in Section 7 PeLLdit, which • 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 Page 6 of 6 O1•• 19 flf0//f0 .r) 911 q 11%110W'101791g 17•,7i 1WW:7t1 F1.1 ot):, 1610 Pe 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, • Page 7 ot 8 199 (1711/Rf10 `,1 nil '19 11,aotAinQ 1)1/41 711 I 17T 0,117r1 CT 'fin! rcn-to-oo 1. 1 J4 1.1 t r t.l I K= ur 14c Ja5 1610 F.05 • 2001. • 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 • 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, Page 8 of 8 70IFinn ' I 914 J :i i}'7CIj;ine lm H 7rI r o 77 • 7 f l rtlf t i '911 (7 `(1'7 4.0 LC..! r S r] • • • 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: Page 1 of 11 159 f7(1/flln `(1 911 ')!gg1410g'hll791g 77:7T f'/W7r7 fii_'09a • • 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: Page 2 of i:. 01- 199 nyn/rin', '1H ' 1 9 'vMclrt(1c k1I n 77 ' 7( I( 1 4 7n C i riff L.LA�.i',:i Lira--a0.,L. .3417 7 ."III bC],L J r<J. • 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). Page 3 of 11 i99 470/7i 1 �H'I'1!'1R141(1Q'. riri1ff 77"1T 1nnt1in t¢ 'n+li J-L13-1.302 L LLteMbUtLL 1610 P .13 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 Page 4 of 11 01- 199 qw 79 I a rcm-ID-4uue. 41.0,7) 7 ULETWNO DDO • • 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,, Page 5 of 01— 199 rinijn riVICIV41WWW1Ig 07t7T 1.7(1117n »ua Sara 1C Lv r. 1J • • • 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' Page 6 of 2. 117i1/0f0 t nH`t7'u'1n1,inr971a - H f�7 KT frif7I 7 7/1 f T 'R+l 1 urr F ub. .3YD 10,1,,1 i.lb • • 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 Page 7 o2 11 199 f7{l-c fl •sr? jgrnirngndn • 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. of is 199 .n 7 [l 1 / 114 4 riv 'VA WINOS I 17,9 Hi rZ Z i (fli) ZO ,6 i - 'fl3d ,au:. t O 1n'14 I i 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 • Page 9 of 11 A7n/mn'r ttl1,`,1 K IGVIS`N17`llfl 17Z:ZI (901)Z0,61-'fl2t se 5 Else 1510 P, 19 • • • (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 Page 10 of 1:L 01- 195 rgW'WlcitIn4`gr11Si b 7F ianllin I-•Qri.I Ji5 U56 1610 P.20 • • 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, W5034xhA Page 1.1 of (3199 TOTRL P,20 117Alf1711 7V 17 .M71510CM1791q h7Y7T wil17(1 T.. 0,3.1