Loading...
HomeMy WebLinkAboutLegislation.SubCity of Miami Legislation Resolution: R-06-0344 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 03-041.5 Final Action Date:5/25/2006 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 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 February 7, 2004, Lucia A. Dougherty, Esquire, on behalf of Kubik, LLC and Biscayne Premier Investments, Inc. and Mark's Classics Corp (referred to as "APPLICANT"), submitted a complete Amended Application for Major Use Special Permit for Kubik at Morningside (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 5600-5780 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 October 1, 2003 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on October 15, 2003, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, Item No. 6, following an advertised public hearing, recommended APPROVAL (Reso. 2003-0799) of a Special Exception by a vote of nine to zero (9-0); and WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 17, 2003, Item No. 7, following an advertised public hearing, adopted Resolution No. PAB 94-03 by a vote of four to two (4-2), recommending DENIAL of the original Application for a Major Use Special Permit Development Order as attached and incorporated; and City of Miami Page 1 of 13 Printed On: 6/22/2006 ti File Number: 03-0415 Enactment Number: R-06-0344 WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 7, 2004, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 33-04 by a vote of five to four (5- 4), recommending APPROVAL with conditions as presented in the Amended Major Use Special Permit Development Order as attached and incorporated and PAB expressed a preference for Alternative "A" above; 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, located at approximately 5600-5780 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of two 14-story buildings with two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 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 C-1(Restricted Commercial) and 0 (Office) zoning classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation, 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 subject to the any applicable conditions in the Development Order herein: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE (1) Respond to the physical I) Site and Urban Planning: Yes. *Yes. City of Miami Page 2 of 13 Printed On: 6/22/2006 Fite Number: 03-0415 Enactment Number: R-06-0344 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, 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 City of Miami Page 3 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 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 City of Miami Page 4 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 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 n/a *n/a nonconforming structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform n/a *n/a to current regulations shall be designed to conform to the scale and context of the nonconforming structure. *Compliance is subject to conditions. City of Miami Page 5 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $180,237,938, and to employ approximately 325 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 26 permanent new jobs (FTE) for building operations and will generate approximately $959,601 annually in tax revenues to the City (2003 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 February 7, 2004, 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 City of Miami Page 6 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {I} DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 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 Kubik at Morningside , (hereinafter referred to as the "PROJECT") to be located at approximately 5600-5780 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT The PROJECT complies with the applicable Design Review Criteria pursuant to Section 1305.2 of the Zoning Ordinance, subject to the conditions listed in this Development Order. The following specific findings comprise the factual basis on which compliance with the Design Review Criteria has been determined: 1. The PROJECT is oriented towards Biscayne Boulevard and the other neighboring public streets, and its design takes advantage of the views of Biscayne Bay. (Design Review Criteria 1(1), 1(3)). 2. The Project's site location on the Biscayne Boulevard corridor can support having a tall building fronting Biscayne Boulevard. (Design Review Criteria 1(1), 11(2)). 3. The PROJECT is located in a node that generates higher density due to nearby pedestrian activity. (Design Review Criteria 1(1)). 4. The Project's design complements the 55th Street Station commercial node with commercial, retail and residential uses. (Design Review Criteria 1(1), 11(2)). 5. The Project's design reflects the architectural character of the Biscayne Boulevard corridor. (Design Review Criteria 11(2)). 6. The Project's architectural design, specifically its fenestrations, colors, and articulation of the facade, takes into consideration nearby buildings and structures such as Andiamo Pizza. (Design Review Criteria 11(2), 11(4), 11(5)). 7. The Project's design takes account of the nearby residential neighborhood by including town houses on the side of the PROJECT facing that neighborhood. (Design Review Criteria 11(2)). 8, The Project's parking garage will be lined with commercial and residential uses. (Design Review Criteria VI(3)). City of Miami Page 7 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 9, The traffic studies on the PROJECT report that all aspects of the PROJECT are acceptable and fall within the City's Level of Service thresholds. (Design Review Criteria 1(2), V(1), V(2), V(3)). 10. The Project's design provides for adequate vehicular circulation. (Design Review Criteria 1(2), V(1), V(2), V(3)), 11. The Project's design was revised by restricting access to one driveway on N.E. 4th Court such that the impact on the local transportation system has been decreased. (Design Review Criteria 1(2), V(1), V(2), V(3)). 12. The Project's design includes a peripheral pedestrian path which addresses pedestrian safety. (Design Review Criteria V(1)). 13. The width of the driveway has been reduced to a minimum. (Design Review Criteria 1(2), V(2)). 14. All of the parking is internalized and the entrance is located behind the building. (Design Review Criteria 1(2), V(1), V(2), V(3)). 15. The Project's design also internalizes all service activities. (Design Review Criteria VI(2)). 16. A reduction in parking requirements is within the scope and character of the PROJECT, because it is a mixed -use project located next to Biscayne Boulevard in the Upper Eastside area. (Design Review Criteria 1(1), 11(2)). 17. The PROJECT provides sufficient parking to meet its needs and includes 100 more parking spaces than is required by the City. (Design Review Criteria 1(2), V(1)). 18. The applicant has been working with the City's Planning Department with respect to pedestrian circulation and landscaping issues. (Design Review Criteria 11(1), IV(1), 1V(2), VI(1), VI(3)). 19. The Project's design incorporates a pedestrian plaza and public open space, in addition to commercial uses and town houses on the street level which will increase pedestrian activity in the area. (Design Review Criteria 1(1), 11(2), 111(1), 111(2), IV(1)). 20. The PROJECT includes public walkways leading to the pedestrian plaza. (Design Review Criteria 111(1), IV(1)). 21. A gallery strip along Biscayne Boulevard that would encourage pedestrian activity is also proposed. (Design Review Criteria 11(2), 111(1)). 22. The Project's design includes two building setbacks in order to provide pedestrians with a sense of lower scale. (Design Review Criteria 11(3)). PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 5600-5780 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.72± acres and a net lot area of approximately 2.24± 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 14-story buildings with two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces; providing for certain floor area ratio ("FAR") bonuses. City of Miami Page 8 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 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 for development of 293 residential units; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty percent (20%), 55,735.09 square feet; SPECIAL EXCEPTIONS SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended. Article 9, Section 917.7.1, reduction in parking requirements for combination of commercial and office uses on the same premises. CLASS II SPECIAL PERMITS CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3.1, for a construction fence within the SD-9 overlay district; CLASS 11 SPECIAL PERMIT, as per Article 6, Section 609,3.1, for development of new construction within the SD-9 overlay district; CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS II SPECIAL PERMIT, as per Article 9, Section 906.7.3, to permit a restaurant as an accessory convenience establishment; CLASS II SPECIAL PERMIT, as per resolution number 12331, to allow parking lifts located within a garage structure; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty- five feet. CLASS I SPECIAL PERMITS CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow development/construction/rental signage; CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during construction; CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of offsite parking for construction crews; CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.6, for active recreational facilities (including swimming pools); CLASS I SPECIAL PERMIT, as per Section 915.2 for FAA clearance letter; City of Miami Page 9 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 CLASS I SPECIAL PERMIT, as per Article 9, Section 917.12, to allow valet parking for commercial and residential use; CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony. Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended; REQUEST that the following MUSP conditions to be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy 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, 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 Oppenheim Architecture & Design, LLC, dated February 9, 2004; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Oppenheim Architecture & Design, LLC, dated February 9, 2004; 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 C-1(Restricted Commercial) and 0 (Office) zoning classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the City of Miami Page 10 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 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. AR 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,he 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 the UDRB's and the Planning and Zoning Department's reviews, the applicant City of Miami Page 11 of 13 Printed On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 shall remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.W. 4th Avenue; reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping. 12) Prior to application for Public Hearing of the City Commission, the applicant shall continue to work with the City's Transportation Department regarding traffic inconsistencies submitted in the applicant's traffic analysis. 13) Pursuant to the Zoning Board's decision of December 15, 2003, an approval with conditions for a change of zoning shall be added to this Major Use Special Permit. (For additional information, see the Zoning Board's Resolution of December 15, 2003). 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 (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. APPR•VED AS TO FORM AND CORRECTNESS: ERNANDEZ RNEY City of Miami Page 12 of 13 Printer( On: 6/22/2006 File Number: 03-0415 Enactment Number: R-06-0344 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 13 of 13 Printed On: 4/22/2006 City of Miami Legislation Resolution City Hail 35f0 Pan American Drive Miami, FL 33133 www.cLnhiami.fl.us File Number: 03-G415 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING wrrti CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUt3JK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 560'0-5780 BISCAYNE BOULEVARD, M1AMI, FLORIDA, TO BE PROPOSED AS TWO-14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE:, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; 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 17, 2003, the Planning Advisory Board reviewed the Master Development Program for the property located at 5600-5780°°Biscayne Boulevard, Miami, Florida and recommended denial of the application; and WHEREAS, on February 10, 2004, Lucia A. Dougherty on behalf of Kubik, LLC and Biscayne Premier Investments, Inc., (referred to as "APPLICANT"), submitte&a complete Application for the previously reviewed Major Use Special Permit application for the Kubik at Morningside (referred to as "PROJECT") pursuant to Articles 5, 13, and 17 of Zoning Ordinance` -No. 11000, the Zoning Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), t&;approve the construction of two 14-story buildings with either of two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces, as legally described in "Exhibit B", attached and incorporated; and WHEREAS, the Large Scale Development Committee met on October 1, 2003 to -consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Design Review Board met on October 15, 2003, to consider the°. proposed PROJECT and recommended approval with the following conditions; remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the City of Miami Page 1 of 4 Printed On: 444/2004 Fife Number. 03-0415 circulation within the building site; provide a continuous canopy of shade trees along the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping; and WHEREAS, the City of Miami Planning Advisory Board, at its meeting held on April 7, 2004, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 33-04 by a vote of 5 to 4, RECOMMENDING APPROVAL of the Major Use Special Permit application and Development Order as attached with a preference for "Alternative "A" and incorporated subject to the removal of conditions 12 and 13 from the Development Order; and that more elevations be submitted prior to the City Commission hearing. WHEREAS, the Mammi Zoning Board, at its meeting held on December 15, 2003, 2004, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB 2003-0799 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the Special Exceptions as part of a Major Use Special Permit fo the Kiik at Morningside Project from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.1 of the Zoning Code to permit Reduction in parking requirements for combination of commercial and office uses on the same premises and Article 9, Section 917.7.2, valet parking for restaurant; 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, attached and incorporated as "Exhibit A", is approved subject to the conditions specified' the Development Order, per Article 17 of Zoning Ordinance No. 11000, for the PROJECT to be 'developed by the APPLICANT, at 5600-5780 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two,14-story buildings with either of two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces. 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 ("Exhibit A").\, 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. City of Miami Page 2 of 4 Printed On: 4/14/200I4 Ffie Number: 03-0415 b. The PROJECT conforms to the requirements of the C-1 Restricted Commercial and 0 Office zoning classifications, with and SD-9 Biscayne Boulevard North Overlay designation, as contained\Jn the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, have been considered and will be further considered administrativeljtduring the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $180,237,938, and to employ approximately 325 Workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 26 permanent new jobs. The PROJECT will generate approximately $959,601, annually in tax revenues to the City (2003 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 wi)t,efficiently use public transportation facilities; (3) any potentially advise effects of the PROJECT will be mitigated through compliance with the conditions of this Majoglse 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 k_ (10) any potentially adverse effects of tli PROJECT arising from safety and security, fire protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority participation and employment, and minority cgntractorlsubcontractor participation will be mitigated through compliance with the conditions of this=Major Use Special Permit. Section 6. The Major Use Special Permit, as approved;' -shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for a Major Use Special Permit, which was submitted on February 10, 2004, and on file with the Department of Planning and Zoning°of the City of Miami, Florida, shall be relied upon generally for administrative interpretations andis incorporated by reference. Section 8. The City Manager is directed to instruct the Director of th-,Department of Planning and Zoning 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 ("Exhibit A") for the PROJECT, attached and incorporated. Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A") is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development City of Miami Page 3 of 4 Printed On: 4/14/2004 File Num* 03-0415 Order ("Ex ibit A") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent j isdiction, such decision shall in no manner affect the remaining portions of this Resolution or evelopment Order ("Exhibit A") 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 oerative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO 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 adoptet . if the Mayor vetoes this Resolution, it shall become effective immediately upon override o the veto by the City Commission. City of Miami Page 4 of 4 Printed Qn\i/I4/2©04