HomeMy WebLinkAboutR-07-0177City of Miami
Legislation
Resolution: R-07-0177
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00199mu Final Action Date: 3/22/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE LOFT 3 PROJECT, TO BE LOCATED AT APPROXIMATELY 201 AND 229
NORTHEAST 2ND AVENUE AND 200 NORTHEAST 3RD STREET, MIAMI,
FLORIDA, TO CONSTRUCT AN APPROXIMATE 398-FOOT, 31-STORY HIGH
MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 495 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND
APPROXIMATELY 14 TOTAL PARKING SPACES FOR RETAIL; 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 January 25, 2007, Javier F. Avino,Esquire, on behalf of TRG-Downtown Lofts III,
Ltd., contract purchaser and Rafael Kapustin, as Trustee, Colon Building, Inc. and Metropol Building,
Inc. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Loft 3 (referred to as "PROJECT") pursuant to Articles 9, 13 and 17 of Zoning Ordinance No. 11000,
for the properties located at approximately 201 and 229 NE 2 Avenue and 200 NE 3 Street, 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 January 3, 2007 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on January 17, 2007, to consider the
proposed project and recommended APPROVAL with Conditions; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on March 7, 2007 Item No. 3,
following an advertised public hearing, adopted Resolution No. PAB-07-015 by a vote of seven to
zero (7-0), recommending APPROVAL 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 MIAMI,
FLORIDA:
City of Miami
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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 201 and 229 NE 2
Avenue and 200 NE 3 Street, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3. The PROJECT is approved for the construction of an approximate 398-foot,
31-story high mixed use structure to be comprised of approximately 495 total multifamily residential
units; approximately 14,000 square feet of retail space; and approximately 14 total parking spaces for
retail; 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 CBD (Central Business 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
(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. *No.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes. *Yes.
should be oriented to the corner
and public street fronts.
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(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. *No.
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:
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(1) Design for pedestrian and Yes. *No.
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. *N/A.
as district buffer.
(VI) Screening:
(1) Provide landscaping that Yes. *N/A.
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. **N/A.
for the scale and character of
the project and immediate
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neighborhood;
(2) Provide lighting as a design Yes. **N/A.
feature to the building facade,
on and around landscape
areas, special building or
site features, and/or signage;
(3) Orient outside lighting to Yes. **N/A.
minimize glare to adjacent
properties;
(4) Provide visible signage Yes. **N/A.
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. *N/A.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *N/A.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
** Not applicable at this time.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $191,819,966, and to employ approximately
342 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 6 permanent new jobs (FTE) for building operations and will generate
approximately $1,229,242 annually in tax revenues to the City (2007 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
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(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 January 25,
2007, 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 9, 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 Loft 3 (hereinafter referred to as the "PROJECT") to be located at approximately 201 and 229 NE
2 Avenue and 200 NE 3 Street, 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 201 and
229 NE 2 Avenue and 200 NE 3 Street, Miami, Florida. The PROJECT is located on a gross lot area
of approximately 1.00± acres and a net lot area of approximately 0.62± 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 398-foot, 31-story high mixed use structure
be comprised of approximately 495 total multifamily residential units with recreational amenitie
approximately 495 total multifamily residential units; approximately 14,000 square feet of retail spac
and approximately 14 total parking spaces for retail.
The Major Use Special Permit Application for the PROJECT also encompasses the following
lower ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), to allow a
residential development involving in excess of two hundred (200 dwelling units;
The Major Use Special Permit encompasses the following Special Permits:
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits, to allow
erection of any new building in CBD district;
CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Class II Special Permits, to allow a
waiver of the required five-foot setback on lots which have less than two hundred (200) linear feet o
frontage on a given street;
City of Miami
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CLASS II SPECIAL PERMIT, as per, ARTICLE 4, Section 401, Off -Street Parking Requirements, to
allow off -site parking for non residential uses;
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;
CLASS II SPECIAL PERMIT, as per, ARTICLE 9, Section 917, Sub -Section 917.1.1, Parking
maneuvers on public streets or sidewalks prohibited; backing into an alley by Class II Special Permit;
exceptions, to allow maneuvering on public street (N.E. 2nd Street) of four (4) loading trucks;
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 -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 10.5.4.5, CBD-Central
Business District Commercial, Temporary Signs (3), to allow temporary development signs;
Pursuant to Articles 9, 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.
Pursuant to Articles 9, 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 Cohen Freedman Encinosa & Assoc., signed and dated January 29,
2007; the landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Fuster Design Associates, P.A. dated November 15, 2006; said
design and landscape plans may be permitted to be modified only to the extent necessary to comply
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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 CBD Zoning district (Central
Business 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.
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
Special Permits for which specific details have not yet been developed or provided, the applicant shall
provide the Planning Department with all subordinate 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) Articulate the pedestrian sidewalk to give dominance to the
pedestrian realm over the vehicular areas; (b) Provide a sidewalk with consistent pattern and height
across vehicular areas; (c) Vehicles shall rise to the sidewalk level with ramping beginning at the outer
edge of the curb, with the ramp slope being the maximum allowed by Public Works.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (1) NE 2nd Avenue - Construct new sidewalk and curb
and gutter type "F" and pavement on both sides of the Avenue between N.E. 2nd and 3rd Street and
mill and resurface the asphalt pavement for the full width of the roadway; (2) - N.E. 2nd Street
-Replace all broken and damaged sidewalk, curb and gutter on both sides of the roadway adjacent to
the project site. Construct new sidewalk and curb and gutter type "F" following 25' corner radius. Mill
and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public Works
Director is required for the non-standard improvements in the right of way; (3) - NE 3rd Street
-Replace all broken and damaged sidewalk, curb and gutter type "F" following the 25' corner radius.
Mill and resurface the entire width, curb to curb adjacent to the project site. Approval of the Public
Works Director is required for the proposed street brick work and maintenance covenant shall be
required for the non-standard improvement in the right of way.
13) 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.
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
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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 ajor 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.
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami
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