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File Number: 06-00155b
al Action Date:
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 AVENUE ONE PROJECT, TO BE LOCATED AT APPROXIMATELY
1950 NORTHWEST 1ST AVENUE AND 1905 NORTHWEST 1ST COURT, MIAMI,
FLORIDA, TO CONSTRUCT A MIXED -USE TWO -TOWER DEVELOPMENT
RANGING IN HEIGHT FROM APPROXIMATELY 120 FEET TO 180 FEET TO BE
COMPRISED OF APPROXIMATELY 349 TOTAL MULTIFAMILY RESIDENTIAL
UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 7,875 SQUARE
FEET OF RETAIL SPACE; AND APPROXIMATELY 633 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 December 7, 2005, Javier F. Avino, on behalf of A-1 Management Corp
(referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Avenue One (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance
No. 11000, for the properties located at approximately 1950 NW lst Avenue and 1905 NW lst
Court, 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 12, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on November 16, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 1, 2006 Item No.
5, following an advertised public hearing, adopted Resolution No. 18-06 by a vote of five to zero (5-0),
recommending APPROVAL of an amendment to Ordinance No. 10544, as amended; and
WHEREAS, the Miami Zoning Board at its meeting of January 23, 2006, Item No. 7, adopted a
Resolution by a vote of eight to zero (8-0), recommending APPROVAL of an amendment to Ordinance
No, 11000, as amended; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 1, 2006 Item No.
6, following an advertised public hearing, adopted Resolution No. PAB 19-06 by a vote of five to zero
(5-0), recommending APPROVAL WITH CONDITIONS of the Major Use Special Permit Development
City of Miami
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ended.
File Number: 06-00155b
Order as hereinafter set forth; 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, at approximately 1950 NW 1st Avenue
and 1905 NW 1st Court, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use two tower developme
ranging in height from approximately 120 feet to 180 feet to be comprised of approximately 349 tot
multifamily residential units with recreational amenities; approximately 7,875 square feet of retail spac
and approximately 633 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
am
b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) zoning
classification 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 (as appropriate to the
nature of the special permit involved in the Project and the particular circumstances of the case)
subject to the any applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *Yes.
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
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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.
HI) 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 wails
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
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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
feasible soften the garage
structure with trellises,
landscaping, and/or other
suitable design element.
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VIII 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 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 $68,000,000, and to employ approximately
275 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the
creation of approximately 12 permanent new jobs (FTE) and will generate approximately $820,916
annually in tax revenues to the City (2005 dollars).
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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 December 7,
2005, 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}
City of Miarni
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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 Avenue One (MU-2005-041). (hereinafter referred to as the "PROJECT") to be located at
approximately 1950 NW lst Avenue and 1905 NW 1st Court, 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
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 1950 NW 1st
Avenue and 1905 NW 1st Court, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 4.07± acres and a net lot area of approximately 2.48± 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 a mixed use two tower development ranging in height from
approximately 120 feet to 180 feet to be comprised of approximately 349 total multifamily residential
units with recreational amenities; approximately 7,875 square feet of retail space; and approximately
633 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, per Article 17 for development of 345 residential units.
MUSP, as per Article 17 for parking of approximately 633 parking spaces.
MUSP, as per Article 5, Section 502. PUD districts; to increase the floor area by twenty percent,
61,015 square feet.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for
continuous pours.
CLASS II SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 4, Section 401 to allow for an increase in footprint from
40 % to 60 % of gross lot area.
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence and
covered walkway.
CLASS II SPECIAL PERMIT, as per Article 9, Section 927 to Allow Temporary offsite parking
during construction
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CLASS I SPECIAL PERMITS
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony.
CLASS I SPECIAL PERMIT, as per Article 9, Section 920,1, to allow a trailer(s) for construction
and other temporary offices such as leasing and sales.
CLASS I SPECIAL PERMIT, as per Article 9, Section 904, for parking and staging of construction
during construction.
CLASS l SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters.
CLASS 1 SPECIAL PERMIT, as per Article 10, Section 10.3.2,2 to allow development/
construction/rental signage
CLASS 1 SPECIAL PERMIT, as per Article 10, Section 10.5.5.3 to allow development /
construction / rental signage
REQUEST for applicable MUSP conditions to be satisfied at the time 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; 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 DB Lewis Architecture Design, dated November 2, 2005; the landscape plan shall
be implemented substantially in accordance with plans and design schematics on file prepared by
Enviroscapes, dated 2005; 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 proposed C-1 (Restricted 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, 1TS 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
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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
Department, and to rnake 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 rnust use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide.
5) 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. 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) Insofar 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 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.
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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) The location of the two towers shall be switched with the taller tower
lining NW lst Avenue; (b) This project may require a variance at this time for setback and height
requirements. If a variance is required, Miami 21 may allow a more flexible process for this site; (c)
Incorporate the required loading spaces so that access is provided to them from within the garage,
thus eliminating the curb cut and loading bays from the NW 19th Street facade; (d) Place an oak or
mahogany allee along NW 20th and 19th Streets which would define the large setbacks with the street
and allow space for a double planting of shade trees with an 8-12' sidewalk. Additional layered shrub
and/or groundcover plantings should separate the arcades from the grass on these two sides.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required of the applicant: (a) Replatting of the property is required to close and
vacate the platted public utility easements; and the following street improvements shall be required: (b)
NW 19th Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the
street adjacent to the project site. Mill and resurface the entire width, curb to curb, between NW lst
Avenue and NW 1st Court; (c) NW 1st Avenue - Replace all broken and damaged sidewalk, curb and
gutter on both sides of the avenue adjacent to the project site. Mill and resurface the entire width, curb
to curb, between NW 19th Street and NW 20th Street; (d) NW lst Court - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the court adjacent to the project site. Mill and
resurface the entire width, curb to curb, between NE 19th Street and NE 20th Street; (e) NE 20th
Street - Replace all broken and damaged sidewalk, curb and gutter adjacent to the project site.
13) That the requested applications for the Future Land Use Change and Change of Zoning on
these properties are approved by the City Commission
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
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(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to theft 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
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. 1f the Mayor vetoes this Resolution, it shall became
effective immediately upon override of the veto by the City Commission.
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