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PAB Resolution
City Hail
3500 Pan Atnerican
Drive
Miami, FL 33133
www.riamigov.GOr
File Number: 07-00933mo Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 13, AND 17 OF ZONING ORDINANCE NO. 11000. AS AMENDED,
FOR THE COURTHOUSE CENTER PARKING GARAGE PROJECT, LOCATED AT
APPROXIMATELY 240 NORTH MIAMI AVENUE, MIAMI, FLORIDA, TO
CONSTRUCT A MIXED -USE STRUCTURE COMPRISED OF A PARKING
GARAGE STRUCTURE WITH APPROXIMATELY 314,089 SQUARE FEET OF
PARKING FLOOR AREA; APPROXIMATELY 4,043 SQUARE FEET OF RETAIL
FLOOR AREA; AND APPROXIMATELY 40,878 SQUARE FEET OF OFFICE
FLOOR AREA. THE BUILDING STRUCTURE WILL HAVE A MAXIMUM HEIGHT
OF APPROXIMATELY 169 FEET A.M.S.L. AT TOP OF BUILDING FEATURE. THE
PROPOSED PROJECT WILL PROVIDE A TOTAL OF 852 PARKING SPACES OF
WHICH 5 PARKING SPACES WILL BE FOR RETAIL USE, 31 PARKING SPACES
WILL BE FOR OFFICE USE, AND 816 PARKING SPACES WILL BE AVAILABLE
TO THE GENERAL PUBLIC; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A
SEVERABILJTY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 28, 2007, Arthur Noriega, Executive Director of the Miami Parking Authority,
on behalf of the Miami Parking Authority (referred to as "APPLICANT"), submitted a complete
Application for Major Use Special Permit for the Courthouse Center Parking Garage (referred to as
"PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, for the property located
at 240 N. Miami 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 13 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on December 13, 2006 to consider the
proposed project and offer its input; and
WHEREAS. the Urban Development Review Board met on May 16, 2007, to consider the
proposed project and recommended APPROVAL with conditions; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on September 19, 2007 Item
No. 4, following an advertised public hearing, adopted Resolution No. PAB*-* by a vote of _mm to --- (*_
*), recommending with conditions as presented in the Major Use Special Permit Development
City of Miami
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File Number. Q7-Q0933rnu
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:
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 240 N. Miami Avenue, Miami,
Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a mixed use structure comprised
of a parking garage structure with 314,089 square feet of parking floor area, 4,043 square feet of retail
floor area and 40,878 square feet of office floor area. the building structure will have a maximum
height of 169 feet 0 inches AMSL at top of building feature. the proposed project will provide a total of
852 parking spaces of which 5 parking spaces will be for retail use, 31 parking spaces will be for office
use, and 816 parking spaces will be to service the needs of the general public
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-6 (Central Business District) 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:
(1) Site and Urban Planning:
Design Review Criteria Applicability Compliance
(1) Respond to the physical Yes. Yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Sitting should minimize the Yes. Yes.
impact of automobile parking
and driveways on the
pity of Miami
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Hee Number 07-00933[m
pedestrian environment
and adjacent properties;
(3) Buildings on corner
lots should be oriented to
the corner and public
street fronts.
Yes.
Yes
(II) Architecture and Landscape Architecture:
Design Review Criteria Applicability Compliance
(1) A project shall be Yes. No.
designed to comply with
all applicable landscape
ordinances;
(2) Respond to the Yes. Yes.
neighborhood context;
(3) Create a transition in Yes. Yes.
bulk 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 Yes. Yes.
facade vertically and
horizontally in intervals that
conform to the existing
structures in the vicinity.
(Ill) Pedestrian Oriented Development:
Design Review Criteria Applicability Compliance
(1) Promote pedestrian Yes. Yes.
interaction;
(2) Design facades that Yes. Yes.
respond primarily to the
human scale;
(3) Provide active, not
blank facades. Where
Yes. No.
City ofTJiami
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blank walls are
unavoidable, they should
receive design treatment_
(IV) Streetscape and Open Space:
Design Review Criteria Applicability Compliance
(1) Provide usable open Yes. Yes.
space that allows for
convenient and visible
pedestrian access from the
public sidewalk;
(2) Landscaping, including Yes. No.
plant material, trellises,
special pavements, screen
walls, planters and similar
features should be
appropriately incorporated
to enhance the project.
(V) Vehicular Access and Parking:
Design Review Criteria Applicability Compliance
(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. NIA.
as district buffer.
(VI) Screening:
Design Review Criteria Applicability Compliance
(1) Provide landscaping that Yes. N/A.
screen undesirable elements,
such as surface parking lots,
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and that enhances space and
architecture;
(2) Budding sites should locate Yes. Yes
service elements like trash
dumpster, loading docks, and
mechanical equipment away
from street front where passible.
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:
Design Review Criteria Applicability Compliance
(1) Design signage appropriate Yes. Yes.
for the scale and character of
the project and immediate
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.
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Fite Number.- 07-JJ9"
NW) Preservation of Natural Features:
Design Review Criteria
(1) Preserve existing vegetation
and/or geological features
whenever possible.
Aor�licabili
Yes.
Compliance
No.
(IX) Modification of Nonconformities:
Design Review Criteria Applicability Compliance
(1) For modifications of N/A. N/A.
nonconforming structures,
no increase in the degree
of nonconformity shall be
allowed;
(2) Modifications that NIA. N/A.
conform 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, subject to review and approval.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $50,749,441, and to employ
approximately 80 workers during construction (FTE-Full Time Employees); The project will also result
in the creation of approximately 5 permanent new jobs (FTE) for building operations.
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
City of i fiami
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(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 June 28,
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}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit
for the Courthouse Center Parking Garage (referred to as "PROJECT") pursuant to Articles 13 and 17
of Zoning Ordinance No. 11000, for the property located at 240 N. Miami 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:
City of Miami
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t ite Nu'nber 07- %O933nttf
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at 240 N. Miami Avenue,
Miami, Florida. The PROJECT is located on a gross lot area of approximately 1.66± acres and a net
lot area of approximately .78± 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 structure comprised of a parking garage structure
with 314,089 square feet of parking floor area, 4,043 square feet of retail floor area and 40,878 square
feet of office floor area. The building structure will have a maximum height of 169 feet 0 inches AMSL
at top of building feature. The proposed project will provide a total of 852 parking spaces of which 5
parking spaces will be for retail use, 31 parking spaces will be for office use, and 816 parking spaces
will be to service the needs of the general public.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City
of Miami, Florida, the subject proposal for Courthouse Center Parking Garage at 240 NORTH MIAMI
AVENUE, Miami, Florida, has been submitted and reviewed to allow an application for Major Use
Special Permit, subject to all applicable criteria;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (2), to allow a
Non-residential Use involving in excess of two hundred thousand (200,000) square feet of floor area;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for any single use
or combination of uses requiring or proposing to provide in excess of five hundred (500) off-street
parking spaces;
The Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401. Class 11 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
erection of parking garages subject to the criteria and limitations of Section 14-71 of the City Code;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927. to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fence, covered
walkway and if encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival,
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File Nurn er: 07-00933mu
fair or similar type event on privately owned or City owned land such as a ground breaking ceremony;
CLASS 1 SPECIAL PERMIT, as per ARTICLE 9, 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 918.2, to allow temporary off-street offsite
parking, for construction crews working on a residential -commercial project under construction, within
CBD or more permissive zoning district;
CLASS ! SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailers) and
other temporary construction offices such as watchman's quarters, leasing and sales centers;
CLASS 1 SPECIAL PERMIT, as per ARTICLE 10, Section 10.5.4.5, CBD-Central Business District
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:
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 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 Tim Haahs Engineers & Architects, dated June 28, 2007; a complete landscape
plan with specifications shall be presented to the Planning Director for review and approval prior to the
issuance of any building permits; and
The PROJECT conforms to the requirements of the proposed CBD (Central Business District)
zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami,
Florida, as amended. The proposed comprehensive plan future land use designation on the subject
property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY,
City of Miami
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PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
F) 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.
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
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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 andfor
improvements fisted 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; Architecture (a) Provide details of how the proposed screening material
along the North and South facades will be attached to the building structure; (b) The monotony of the
elevations needs to be broken up in order to improve them, as they are viewed from NW 2nd and 3rd
Street (consider the use of alternative screening materials on the North and South elevations) and
provide the plan to Planning Department with final solution of elevations to be review and approved.
12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required: (a) N.W. 2 street, N.W. 3 Street and North Miami Avenue - Replace
all damaged and broken sidewalk, curb and gutter adjacent to the project site.
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.
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) days 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.
City of ?fitetaai
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File Number 07-00933mi)
The proposed development does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Pan applicable to the City of tvliami.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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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