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Resolution
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Miami, FL 33133
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File Number: 06-01845mu Final 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 2222 BISCAYNE PROJECT, TO BE LOCATED AT APPROXIMATELY 2200
BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO CONSTRUCT AN APPROXIMATE
438-FOOT, 29-STORY HIGH MIXED USE STRUCTURE TO BE COMPRISED OF
APPROXIMATELY 371,863 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY
6,537 SQUARE FEET OF RETAIL AND BANK SPACE; APPROXIMATELY 6,728
SQUARE FEET OF RESTAURANT SPACE; AND APPROXIMATELY 1,784 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 October 6, 2006, Scott Silver,Esquire, on behalf of Grouper UTD,
LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for 2222 Biscayne (referred to as "PROJECT") pursuant to Articles 5, 13
and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 2200
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 August 3, 2006 to
consider the proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on September 20, 2006,
to consider the proposed project and recommended APPROVAL WITH CONDITIONS;
and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on
November 15, 2006 Item No. 2, 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
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File Number. 06-01845mu
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 2200 Biscayne Boulevard, Miami, Florida, more
particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of an approximate
438-foot, 29-story high mixed use structure to be comprised of approximately 371,863
square feet of office space; approximately 6,537 square feet of retail and bank space;
approximately 6,728 square feet of restaurant space; and approximately 1,784 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 proposed C-1 and SD-20 (Restricted
Commercial and Edgewater Overlay District) zoning classifications 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) 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
environment and adjacent
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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.
1V) 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.
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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 Tots,
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
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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.
0*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 $110,900,000, and to
employ approximately 754 workers during construction (FTE-Full Time Employees); The
project will also result in the creation of approximately 3,352 permanent new jobs (FTE)
for building operations and will generate approximately $4,250,000 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;
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(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 October 6, 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 }
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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 2222 Biscayne (hereinafter
referred to as the "PROJECT") to be located at approximately 2200 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
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at
approximately 2200 Biscayne Boulevard, Miami, Florida. The PROJECT is located on a
gross lot area of approximately 1.95± acres and a net lot area of approximately 3.70±
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 438-foot, 29-story high mixed use
structure to be comprised of approximately 371,863 square feet of office space;
approximately 6,537 square feet of retail and bank space; approximately 6,728 square feet
of restaurant space; and approximately 1,784 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:
CLASS II SPECIAL PERMIT, as per Article 6, Section 620.3.1, to allow the
construction of any new building in SD-20 districts;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures,
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;
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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 ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1.
Temporary special event parking, to allow parking for temporary special event such as
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 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 6, Section 620.8, ARTICLE 10, Section
10.5, Sub -Section 10.5.4.3, C-1 and SD-20 Restricted Commercial, Temporary Signs
(3), to allow temporary development signs;
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, that the following conditions
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/or
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner and/or a mandatory property owner
association;
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 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 Gail Byron Baldwin Architect, signed and dated
September 6, 2006; the landscape plan shall be implemented substantially in
accordance with plans and design schematics on file prepared by Gail Byron Baldwin
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File Number: 06-01845mu
Architect, signed and dated September 6, 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.
The PROJECT conforms to the requirements of the proposed C-1 and SD-20
Zoning districts (Restricted Commercial and Edgewater Overlay District) zoning
classifications, 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 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.
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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) 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 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 design related comments received by the Planning Director, the
applicant shall meet the following conditions: (a) Reconfigure the building so that it is
more in keeping with the scale of the area and creates a better transition to the adjacent
properties; (b) The project shall comply with FDOT improvements on Biscayne
Boulevard; (c) Coordinate with the Street Car Trolley Plan and provide additional details
of the proposed "waiting area"; (d) The number of curb cuts shall be reduced along NE
22nd Street; (e) Internalize the loading spaces so that they are accessed from within the
garage and loading vehicles do not have to maneuver in the public right of way; (f)
Provide a landscape plan that specifies the species and proposed locations of all plant
materials for review and approval of the Planning Director prior to the issuance of a
building permit; (g) Provide a complete tree survey of existing conditions including
species, diameter and spread including all trees in the right-of-way; (h) Identify the exact
dimensions and location for proposed art walls along the garage elevation and submit for
review by the Planning Director.
12) Pursuant to comments by the City of Miami Public Works Department, the
following conditions shall be required of the applicant: (a) — NE 22nd Street — Replace
damaged sidewalk, curb and gutter along both sides of the street adjacent to the project
site. Pavement restoration shall be determined by the City Engineer; (b) — NE 23rd Street
— Replace damaged sidewalk, curb and gutter on both sides of the street adjacent to the
project site; (c) — NE 2nd Avenue - Replace damaged sidewalk, curb and gutter on both
sides of the avenue adjacent to the project site. Pavement restoration shall be
determined by the City Engineer. Coordinate with CIT office for trolley waiting bay area
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and Miami Dade County for any traffic improvements along the avenue; (d) — Biscayne
Boulevard — Coordinate with the Florida Department of Transportation for replacement of
all broken and damaged sidewalk and curb and gutter adjacent to the project site.
Contact the City's Planning Department and CIT Office for any decorative sidewalk
implementation requirements.
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.
14) 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.
15) 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.
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APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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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