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HomeMy WebLinkAboutCC Legislation (Version 2)Ity of gar Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigay.ccm File Number: 0'-00863nm Final Aiiian 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 GROVE ESTATES PROJECT, A RESIDENTIAL DEVELOPMENT TO BE LOCATED AT APPROXIMATELY 4055 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; COMPRISED OF A MAXIMUM OF 11 SINGLE-FAMILY RESIDENTIAL STRUCTURES, WITH UP TO 201,477 SQUARE FEET OF FLOOR AREA, AND A MAXIMUM HEIGHT OF 25 FEET AND 0 INCHES (44 FEET AND 0 INCHES N.G.V.D.); AN ENTRY GATE HOUSE AND A CONCIERGE STRUCTURE WITH APPROXIMATELY 1,000 SQUARE FEET OF FLOOR AREA; AND APPROXIMATELY 37 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 April 6, 2007, A. Vicky Garcia -Toledo Esquire, as attorney on behalf of the owners E.F.C. Holding, Inc. (referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for Grove Estates (referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance No. 11000, for the property located at approximately 4055 SW 37 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 October 17, 2007 to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on November 21, 2007, and consider the proposed project and recommended approval; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on January 16, 2008 Item No. 5, following an advertised public hearing, adopted Resolution No. PAB 08-005 by a vote of four to four (4-4), recommending DENIAL of the Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the Miami Historic and Environmental Preservation Board, at its meeting held on February 5, 2008 Item No. 8, following an advertised public hearing, adopted Resolution No. HEPB 2008-11 by a vote of seven to zero (7-0), recommending APPROVAL with conditions of the Application for a Certificate of Appropriateness for ground disturbing activity involving new construction within an Archeological Conservation Area; and City of Miami Page 1 of 17 Printed On: 4/10/2008 Fire iniier. 07-00863mti VVHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of NI ami to issue a Major Use Special Permit Development Order as hereinafter set forth; NOW, THEREFORE; BE IT RESOLVED BY THE COIVIMISSION OF THE CITY OF MIAMI, FLORIDA. Section 1 The recitals and findings contained in the Preamble to h s 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 Articles 5,13 and 17 of Zoning Ordinance No. 11000, for the PROJECT to be developed by the applicant, located at approximately 4055 SW 37 Avenue, Miami, Florida, more particuiarly described on "Exhibit A', attached and incorporated. Section 3. The PROJECT is approved to construct a residential development as part of a Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D.), an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and 37 parking spaces. 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. This Major Use Special Permit shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class 11 Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. 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 R-1 (Single -Family Residential) with overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay 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: DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE City o Miami Page 2 of 11 Printed On: 4/10/2008 File Number: 07-00663rnu (I) Site and Urban Planning: (1) Respond to the physical contextual environment taking into consideration urban form and natural features; Yes Yes (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 and public street fronts. (It) 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 **N/A and scale; (4) Use architectural styles Yes **N/A and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes **N/A vertically and horizontally in intervals that conform to the existing structures in the vicinity. (Ill) Pedestrian Oriented Development: (1) Promote pedestrian Yes **N/A interaction; (2) Design facades that Yes **N/A respond primarily to the human scale; (3) Provide active, not blank Yes facades. Where blank walls are unavoidable, they should receive design treatment. (IV) Streetscape and Open Space: (1) Provide usable open space Yes Yes that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes *Yes Cny of Miami Page 3 of I Primed On: 4/10/2008 Pile Mirober O7OO83rie material, trellises, special pavements, screen walls, planters and similar features should be appropriately 'incorporated to enhance the project. V' ehicuarACceSSafldParkfl ki (1) Design for pedestrian and Yes N/A vehicular safety to minimize conflict points; (2) Minimize the number and Yes "NiA 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. LVI) Screening: (1) Provide landscaping that Yes Yes screen undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes **N/A service elements like trash dumpster, loading docks, arid 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 N/A structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design elernent. (VII) Sionade and Lighting: (1) Design signage appropriate Yes " N/A City of Aliand Page 4 of 1! Printed On 4/10/2008 Fite Numb r: 07-0 for the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design 'es feature to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to Yes minimize glare to adjacent properties; (4) Provide visible signage Yes identifying building addresses at the entrance(s) as a functional and aesthetic consideration. (VIII) Preservation of Natural Features: (1) Preserve existing vegetation Yes and/or geological features whenever possible. N/A ** N/A N/A *Yes (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, 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 $80,228,255 and to employ approximately 65 workers during construction (FTE-Full Time Employees); The project will also result in the creation of approximately 3 permanent new jobs (FTE) for building operations and will generate approximately $1,045,973 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; (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; if3> of Miami Page 5 of 11 Painted O 4/10/2608 File Number 37-OO863;?ttr (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 June 19, 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 5, 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the for the Grove Estates project (hereinafter referred to as the "PROJECT") to be located at approximately 4055 SW City, of Miami Page 6 of 11 Printed On: 4/10/2008 ben O7 00863mu 37th Avenue, Miami, Florida: see legal description on "Exhibit A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitatiens, 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 Pian, the City Commission has approved the PROJECT. and subject to the following conditions approves the Major Use Special Permit and hereby issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a residential development to be located at approximately 4055 S.W. 37 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of approximately 7.38± acres and a net lot area of approximately 7.26± 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 Grove Estates project is a residential development as part of a Planned Unit Development (PUD) comprised of a maximum of 11 single family residential structures, with up to 201,477 square feet of floor area, a maximum height of 25 feet 0 inches (44 feet 0 inches N.G.V.D,), an entry gate house and a concierge structure with approximately 1,000 square feet of floor area and 37 parking spaces. Pursuant to Zoning Ordinance 11000, as amended, Supplement 17, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for Grove Estates, at 4055 SW 37 Avenue, Miami, Florida has been submitted and reviewed to allow an application for a Major Use Special Permit, subject to all the applicable criteria; MAJOR USE SPECIAL PERMIT, as per ARTICLE 5. Section 508, Planned unit development generally in R-1 Single -Family Residential Districts, to allow a planned unit development on properties that have been designated as historic sites, archeological zones, and environmental preservation districts; The Major Use Special Permit encompasses the following Special Permits and Requests: 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 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 groundbreaking ceremonies; CLASS i SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street City of Mianil Page 7ofI Printed On: 4/1O/ 008 Fife dumber , w-OO863n,U offsite parking for construction crews, criteria, to allow yemporary off-street offsite parking, for construction crews working on a residential project under construction, within R-1 with SD-18 and NCD-3 or more permissive zoning district; CLASS ! 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 1 SPECIAL PERMIT as per ARTICLE 10, Section 10.5.3.1 (2). R-1 Single -Family Residential - Sign Regulations, to allow temporary signs for development; 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; 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. This Major Use Special Permit shall not encompass the Class II Special Permits required pursuant to Article 15, Section 1511, Article 13, Section 1305.2, and Article 9, Section 908.9 of the City Zoning Ordinance, as it relates only to each single family residential structure, and as such, the owner and/or developer of each single family residential structure to be located within this Planned Unit Development shall apply for a separate Class 11 Special Permit pursuant to the Sections referenced above, prior to obtaining a building permit. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by CHISOLM Architects -Planners -Interior Designers dated October 15, 2007; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Raymond Jungle, signed and dated October 15, 2007; 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 R-1 (Single -Family Residential) with overlay districts SD-18 (Minimum Lot Size District FAR) and NCD-3 (Coconut Grove Neighborhood Conservation Overlay District) zoning classification of Zoning Ordinance No. 11000, 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. City of Arland Page 8 of 11 Printed On: 4/10/2008 File Number: 07-00863mu CONDITIONS THE APPUCANT TS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BOLDING 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 perrnit. 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 APPLiCANTS 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 any building 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 City of' Miami Page 9 of II Printed On: 4/10/2908 File Number: 0.7-00863mu 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 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 pian, 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, prior to the issuance of the building permit: a) The applicant shall incorporate the Historic and Environmental Preservation Board (HEPB) recommendations after the project consideration scheduled on February 5, 2008, if any; b) Each lot shall comply with the neighborhood conservation district requirements; c) The future residential units will require review and approval by the Planning Director as part of a Class 11 Special Permits; d) A reduction of the overall height in the secondary entry wail shall be within the character of the surrounding Coconut Grove neighborhood and the modification must be previously reviewed and approved by the Planning Director; e) The following specimen trees shall be preserved by further adjusting the roadway alignment around trees number 219 and 293. Additional trees that are worth relocating on the existing proposal are trees 321, 325, and 327. 12) Pursuant to comments by the City of Miami Public Works Department, the applicant shall meet the following conditions; (a) S.W. 37 Avenue; The existing rock wall shall be preserved to the maximum extent possible. Repair any damaged sections of the bicycle path adjacent to the project site; (b) Bulkhead: reconstruct the bulkhead along Biscayne Bay adjacent to the project site to conform to Miami -Dade County flood control criteria, including elevation. 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) 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 City of Page .10 of 11 Printed On: 4/10/2008 Erie Number: 7_OQ853_m reasonablyaessibe to their daces 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 (5) the PROJECT will not adversely affect pudic safety; and (7) the public welfare will be sensed by the PROJECT; and (8) any potentially adverse effects of thePROJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably intefere with the achievement of the objectives of the adopted State Land Development Plan applicable to he City of Miami, APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 11 of 11 Printed On: 4/1072008