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.
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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.
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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
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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
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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
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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,
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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
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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.
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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
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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
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{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by the City Commission.
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