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HomeMy WebLinkAboutCC Legislation (Version 2)y of a Legislation Resolution File Number: 05-01049mm City Kali 3500 Pan American Drive Mia i, FL 33133 w,w.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5,13,17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE VILLA PATRICIA PROJECT, TO BE LOCATED AT APPROXIMATELY 234-42 NORTHEAST 79TH STREET, 7811, 7815, 7823, 7827 AND 7831 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, TO CONSTRUCT A MULTI -PHASE PROJECT WITH STRUCTURES OF APPROXIMATELY 111 FOOT, 12 STORY, 129 FOOT, 14 STORY AND 93 FOOT, 10 STORY HIGH BUILDINGS TO BE COMPRISED OF APPROXIMATELY 339 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; APPROXIMATELY 1,300 SQUARE FEET OF OFFICE SPACE; APPROXIMATELY 2,207 SQUARE FEET OF RETAIL SPACE; AND APPROXIMATELY 254 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO (°'FAR°') BONUSES; 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 June 5, 2007, N. Patrick Range, on behalf of BHG-79th St. LLC, Villa Patricia Phase II, LLC and Villa Patricia Phase III, LLC Lessees and Lubins Development Corp., owners (referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to Major Use Special Permit for 234-242 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue. Substantial Modification project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 234-242 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue, 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 June 14, 2005 to consider the substantial modification to the previously approved Villa Patricia MUSP project; and WHEREAS, the Urban Development Review Board met on July 20, 2005, to consider the proposed project an recommended APPROVAL; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 18, 2007 Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 07-030 by a vote of six to zero (6- 0), recommending APPROVAL WITH CONDITIONS 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 Substantial Amendment to Major Use Special Permit Development City of Miami Page 1 of 12 Printed On: 9/17/2007 File Nt/IT1 ,er: 05-07049rnm Order as hereinafter set fort NOW. THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAIVII, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and ncorporated as if fully set forth in this Section. Section 2. A Substantial Amendment to 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 234-242 NE 79th Street, 7811, 7815, 7823, 7827 and 7831 NE 2nd Avenue, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The PROJECT is approved for the construction of a multi -phase project with structures of approximately 111 foot, 12 story, 129 foot, 14 story and 93 foot, 10 story high buidings to be comprised of approximately 339 total multifamily residential units with recreational amenities; approximately 1,300 square feet of office space; approximately 2,207 square feet of retail space; and approximately 254 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 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 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 environment and adjacent properties; (3) Buildings on corner lots Yes. *yes. should be oriented to the corner City of Miami Page 2 of 12 Printed On: 9/17/2007 File Number: 95-01049mr-r) and public street fronts. (II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. *No. 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 interaction; (2) Design facades that respond primarily to the human scale; (3) Provide active, not blank facades. Where blank walls are unavoidable, they should receive design treatment. Yes. Yes. Yes. *Yes. *Yes. *No. (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. City of Miami Page 3 of 7 2 Printed On: 9/17/2007 File Number: O5-01Q49trm (V) Vehicular Access and Parking: (1) Design for pedestrian and Yes vehicular safety to minimize conflict points; (2) Minimize the number and Yes, width of driveways and curb cuts; (3) Parking adjacent to a street 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. *Yes. *Yes. *Yes. (VI) Screening: (1) Provide landscaping that Yes. *No. 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. *No. 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 City of Miami Page 4 of 11 Printed On: 9/77/2007 T!e Nu r ber. 05-0; O49r rrn the project and immediate neighborhood; (2) Provide lighting as a design 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. "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. (Vlll) Preservation of Natural Features: (1) Preserve existing vegetation Yes. *Yes. and/or geological features whenever possible. DX) 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, *Yes, 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 $65,389,126, and to employ approximately 166 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 7 permanent new jobs (FTE). The PROJECT will generate approximately $443,162 annually in tax revenues to the City (2009 dollars). e. The City Commission further finds that: (1) the PROJECT will have a favorable impact on the economy of the City; City of Miami Page 5 of 12 Printed O►a: 9/17/2007 hie Number Q5-Q1O4Drrnm (2) the PROJECT will efficiently use pubic 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 Substantial Modification of the previously approved Major Use Special Permit, which was submitted on May 30, 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. of the Mayor. This Resolution shall become effective immediately upon its adoption and signature City of !Viand Page 6 of 12 Printed On: 9/17/2007 File Number- 05-01049m 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, Honda, has considered in a public hearing, the issuance of a Major Use Special Perrnit for Villa Patricia, (hereinafter referred to as the "PROJECT) to be located at approximately 234-242 NE 79 Street; and 7811-7831 NE 2 Avenue, 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 234-242 NE 79 Street; and 7811-7831 NE 2 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.01± acres and a net lot area of approximately 2.42± 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 multi -phase project with structures of approximately 111 foot, 12 story, 129 foot, 14 story and 93 foot, 10 story high buidings to be comprised of approximately 339 total multifamily residential units with recreational amenities; approximately 1,300 square feet of office space; approximately 2,207 square feet of retail space; and approximately 254 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 PERMIT, as per ARTICLE 17. Section 1701. Definition (9), and ARTICLE 5. Section 502, PUD districts; minimum area, maximum densities and maximum floor area ratios permitted (a)(c), to allow to 6.1% increase of floor area ratio, for an increase approximately 13,785.09 square feet of floor area; MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for a residential development involving three hundred thirty nine (339) units; The Major Use Special Permit encompasses the following Special Permits and Requests: CLASS II SPECIAL PERMIT, as per ARTICLE 9. Section 923, Sub -Section 923.2. Sub -Section 923.2.1. Reduction in stall dimensions by Class II Special Permit; criteria and limitations on reductions, to allow reduction in dimensions of two (2) loading berths dimensions in Phase HI as follow: City of r Th tni Page 7 of 12 Printed On: 9/17/2007 Required, Two (2)12'wxdex35'long x15`high PrDposed� Tvvp (2) 10'widex20' long x 15' high CLASS U SPECIAL PERM|T, as per Article S. Section 5175. Parking requirements for housing for the elderly (PHASE {. U and U|`. by Class U Special Permit, limitations. to allow a �reduction of required parking spaces to o minimum of one (1) parking space for every two (?) dwelling units which in this case a minimum of One hundred Sixty Seven (167) parking spaces shall be provided-, Require&3B4parking spaces /10J96` PnJonsed� 1G7parking spaces (5O96) Request to bevvaive& 107 parking spaces (5J0%) CLASS || SPECIAL PERMIT, GD per Article 15. Section 1512, C|GGG U Special Permit required for waived of design standard and guidelines to allow a waiver of City of Miami (}ffstreat Parking Guides and Standards requirement ofone (1) additional foot in stall dimension where the side of any stall abuts @ maU. column, fence, building, or Other physical obstruction, to gUovv the minimum stall width dimension of 8'-6" from face of any obstruction to the oa[8er line of the parking sthp|ng� CLASS || SPECIAL PERM|T, as per ARTICLE 8, Section 827 Temporary stru{tUnaa, 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 byother city departments; CLASS { SPECIAL PERMIT, a8per ARTICLE 9. Section 906. Sub -Section 900.9.Temporary special events- special permits- criteria, to allow temporary carniva|, festival, fair or similar type event on priv@t8|yqvvnedDr��ity-ovvnedland such aSGground breaking ceremony; CLASS | SPECIAL PERMIT as per ARTICLE 8. Section 916. Sub -Section 816.2.1. Temporary special event parking, toallow parking for temporary special event such asgroundbreaking ceremonies; CLASS I SPECIAL PERW1|T, as per ARTICLE 9. Section 918. Sub -Section 918.3. Temporary off-street offsite parking for construction c[ews, oriteda, to a||ovv temporary off-street offsite parking. for construction crews working on o residential project under construction, within R-4 or more permissive zoning district: CLASS | SPECIAL PERW1lT, as per ARTICLE S. Section 820. Sub -Section 920.12 Limitations on occupancy of mobile honl88, to allow parking of mobile honn88. trailers Or manufactured homes, when authorized for security orother purposes in connection with land development such 88 construction trailer(s) and other temporary construction offices such as vvmtchnnan`o quarters, leasing and sales CLASS | SPECIAL PERyN|T, as per ARTICLE 10. Section 10.5. Sub -Section 10.5,4.3 (1) C-1 Restricted Commercial Distdct, Temporary Signs (1)' to allow temporary development sign; REQUEST as per Article 25, Section 2502Definition' to be qualified as a phased project by the Director of the Planning Department as established in Article 17, Section 1701 (11) Pursuant tOArticles 5. 13. 17and 22ofZoning Ordinance 110UO.approval ofthe requested Major Ci(y of Miami Page 8 of J2 Printed On: 9/17/2007 €fie Number 05-01049mm 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 Corwil Architects, dated May 7, 2007; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Witkin Design Group, dated October 27; 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 The PROJECT conforms to the requirements of the C-1 (Restricted Commercial) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The existing 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 Citys Minority/Women Business Affairs and Procurement Program as a guide. City of Miami Page 9 of 12 Printed On: 9/17/2007 File Number: 05_Q1G49tmn 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, 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 1 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) Provide all elevations of all the buildings and details of the materials proposed to cover the garage openings for review and approval of the Planning Director prior to the issuance of a building permit. (b) Indicate how all vehicles and mechanical systems within the garage will be concealed from view, and (c) 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: (a) Platting of the property shall be required prior to obtaining building permits; (b) Applicant shall replace all damaged and broken sidewalk, curb and gutter on both sides of NE 78th Street and NE 2nd Avenue for the entire block; and (c) Construct new sidewalk in the additional 5 foot dedicated right of way. 13) 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. City of Miami Page 10 of 12 Printed On: 9/17/2007 ,N! °(Prober: 05-010 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 potential) adverse effets of the PROJE will be mitigted through conditions of thi 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. Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the PROJECT i.e., ingress and egress, off-street parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. APPOVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: C'ity of Miami Page 11 of 12 Printed On: 9/17/2007 File ur ber Q5-01049mrn 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 of the veto by the City Commission. ediately pon override City of Miami Page 12 of 12 Printed On: 9/17/2007