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HomeMy WebLinkAboutPAB LegislationDRAFT 06-00359mu ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIDTOWN PARK PROJECT (MU-2006-004), TO BE LOCATED AT APPROXIMATELY 3453-56 AND 3466 NORTH MIAMI AVENUE, 20 AND 34 NORTHWEST 35TH TERRACE, AND 27 AND 29 NORTHWEST 34TH TERRACE, MIAMI, FLORIDA, CONSTRUCT AN APPROXIMATE 128- FOOT, 8-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 155 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 5,959 SQUARE FEET OF RETAIL SPACE; APPROXIMATELY 1,308 SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 263 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. ..Body WHEREAS, on February 7, 2006, Adrienne F. Pardo, on behalf of North Miami Avenue, LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Midtown Park (MU-2006-004) (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace, 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 December 14, 2005 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on January 18, 2006, to consider the proposed project and recommended APPROVAL; and WHEREAS, the Miami Zoning Board at its meeting of March 27, 2006, Item No. 6, adopted a Resolution by a vote of six to zero (6-0), recommending APPROVAL of a Change of Zoning (ZB-06-1154) requiring City Commission approval as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on April 5, 2006 Item No. 8, following an advertised public hearing, adopted Resolution No. PAB *-* by a vote of --- to --- (*-*), recommending ---- with conditions as presented in the Major Use Special Permit Development Order as attached and incorporated; 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 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 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. Page 3 of 12 width of driveways and curb cuts; (3) Parking adjacent to a street Yes. *Yes. front should be minimized and where possible should be located behind the building; (4) Use surface parking areas Yes. *Yes. as district buffer. VI) Screening: (1) Provide landscaping that Yes. *Yes. screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes. *Yes. service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be situated and screened from view to street and adjacent properties; (3) Screen parking garage Yes. *Yes. structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) Signage and Lighting: (1) Design signage appropriate Yes. *Yes. for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design Yes. *Yes. feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes. *Yes. minimize glare to adjacent Page 4 of 12 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. These findings have been made by the City Commission to approve this project with conditions. d. The PROJECT is expected to cost approximately $119,855,462, and to employ approximately 127 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 7 permanent new jobs (FTE) and will generate approximately $589,037 annually in tax revenues to the City (2006 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 Page 5 of 12 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, 2006, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is incorporated by reference. Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of this Resolution and attachment to the APPLICANT. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the PROJECT, incorporated within. Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or Development Order which shall remain in full force and effect. Section 12. The provisions approved for this Major Use Special Permit, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER Let it be known that pursuant to Articles 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 Midtown Park (MU-2006-004), (hereinafter referred to as the "PROJECT") to be located at approximately 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace, 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 Page 6 of 12 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 3452-56 and 3466 North Miami Avenue, 20 and 34 NW 35th Street, and 27 and 29 NW 34th Terrace, Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.89± acres and a net lot area of approximately 1.35± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be an approximate 128-foot, 8-story high mixed use structure to be comprised of approximately 155 total multifamily residential units with recreational amenities; approximately 5,959 square feet of retail space; approximately 1,308 square feet of restaurant space; and approximately 263 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. Definition (8) and ARTICLE 9, Section 914, Sub - Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to twenty (25) percent of additional floor area as a development bonus of approximately 35,414 square feet, the user shall make a non-refundable bonus developer contribution of an amount of $439,133.60 to the Affordable Housing Trust Fund administered by the City of Miami; MUSP, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5, Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 28,331 square feet of floor area; SPECIAL EXCEPTION SPECIAL EXCEPTION, as per Article 4, Sect. 401, under Conditional Principal Uses of C-2 zoning classification numeral 12, to allow Multifamily Residential structure of a density equal to R-3 or higher subject to all applicable criteria: CLASS II PERMITS CLASS II SPECIAL PERMIT, as per Article 9, Section 906.5, Home Occupations, to allow expanded home occupations within C-2 Liberal Commercial District to less than 25% of the floor area of the residence, subject to all applicable criteria; CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to request a waiver of City of Miami Parking Guides & Standards requirement of one (1) additional foot in stall dimension where the side of any stall abuts a wall, fence, building, or other physical obstruction, to allow the minimum stall width dimension of 8'-6" from face of any obstruction; CLASS II SPECIAL PERMIT, as per, ARTICLE 9, Section 927. Temporary structures, Page 7 of 12 occupancies, and uses during construction, criteria for special permits, to allow temporary structures, occupancies, and uses reasonably necessary for construction such as construction fence, covered walkway and if encroaching public property must be approved by other city departments; CLASS I PERMITS CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on privately owned or City -owned land such as a ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off- street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I SPECIAL PERMIT, as per, ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when authorized for security or other purposes in connection with land development such as construction trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.4 C-2 Liberal Commercial, to allow temporary development sign; REQUEST, for waiver of Chapter 36 Noise, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6 (c) and all the applicable criteria; REQUEST for applicable Major Use Special Permit following conditions to be required at the time of issuance 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. b. And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title. Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits requested and referenced above as well as any other special approvals required by the City which may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by the firms of TEN Arquitectos and Kobi Karp Architecture & Interior Design, dated January 9, 2006; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Resource Group, dated January 4, 2006; 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 Page 8 of 12 The PROJECT conforms to the requirements of the proposed C-2 (Liberal Commercial) zoning classification, 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 including the required Affordable Housing Trust fund contribution of $12.40 per square foot for any applicable FAR increase sought under those provisions. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety systems, exiting, vehicular access and water supply. 4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a shell permit. 5) Comply with the Minority Participation and Employment Plan (including a Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to follow the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, operation and maintenance of all common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity. 7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP permit resolution and development order, and further, an executed, record able unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's Office. Page 9 of 12 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 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) Replace the small Montgomery Palms along Miami Avenue with an upright growing shade tree and accentuate the corners, entrances or other features with Royal Palm clusters tightly spaced; (b) A final landscape plan shall be submitted for review and approval of the Planning Director prior to the issuance of a building permit. 12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet the following conditions: street improvements shall be required of the applicant: (a) replatting of the property is required to close and vacate the alleys within the project site; (b) NW 34th Terrace - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site; (b) NW 35th Street - Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the project site; (b) North Miami Avenue — Replace damages sidewalk, curb and gutter adjacent to the project site. 13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of the proposed height from the Miami -Dade County Aviation Department. If no such approvals are granted, the height of the proposed project shall be reduced to those heights referenced in the letter from Miami -Dade Aviation to the Planning Department dated November 29, 2005. 14) A development bonus to permit a mixed use of 35,414 square feet of floor area shall require a non-refundable payment to the Affordable Housing Trust Fund of an amount of $12.40 per square foot for a total of $439,133.60. 15) That the requested accompanying applications for Land Use Change and Change of Page 10 of 12 Zoning on this property are approved by the City Commission. 16) The applicant shall record a covenant, subject to review and approval by the city attorney, within sixty (60) days of the effective date of this resolution, which states that in the event that this Major Use Special Permit expires or is abandoned, any future development of the subject properties shall require design review and approval by the Planning Director, utilizing the same criteria as the original Major Use Special Permit. 17) 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. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ..Footnote Page 11 of 12 {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. Page 12 of 12