HomeMy WebLinkAboutCC R-06-0344ity o s
aster epart
Enactment Number: R-06-0344
City Hai
3500 Pan American Drive
Miami, EL :33133
www.m amaov_Cem
File Number: 03-04E5
Version: 3
File Type: Resolution
Reference: Controlling Body: Planning & Zoning --
City Commission
File Name: Major Use Special Permit - .1 .ubik. at Morningside Project introduced: 1.2729/2003
Requester:
Status: In Commission
Costa Final Action:
Title: 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, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE
LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO
BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE
"ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745
SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL
PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293
MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/RESTAURANT
SPACE, AND APPROXIMATELY 362 TOTAL PARKING SPACES.; DIRECTING TRANSMITTAL;
MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Sponsors:
Notes: *MUSP binder attachments were attached after adoption; therefore, several documents within the binder
are part of the "Application & Supp Docs" attachment.*
First Enactment Number was R-04-0383 for the Adopted with modification on 6/10/2004
Indexes:
Attachments: 03-0415 MUSP Fact Sheet 05-06-04.pdf,03-0415 MUSP Analysis.PDF,03-0415 Zoning
Map.pdf 03-0415 Aerial Map.pdf,03-0415 PAB Resos.PDF,03-0415 Special Exception Fact
Sheet.pdf,03-0415 Sp Exception Analysis.PDF,03-0415 MUSP App.lication.PDF,03-0415 ZB
Reso.PDF,03-0415 Sp Exception Application & Supp Docs.PDF,03-0415 Plans.PDF,03-0415
Legislation.PDF,03-0415 Legislation.Sub.pdf,03-0415 Exhibit A (Development Order).PDF,03-0415
Exhibit B - Alt A (Legal Description).PDF,03-0415 Exhibit B - Alt B (Legal Description).PDF,03-0415
Exhibit C - Alt A (Project Data).PDF.03-0415 Exhibit C - Alt B (Project Data).PDF,03-0415 -
subm.ittal.pdf,COM. M-4-22-4.ppt,03-0415 - subrnittals.pdf,03-0415 - submittal - Women
Club.pdf,03-0415 - submittal - Morningside.pdf 03-0415 - submittal - Kubik.pdf,03-0415 - submittal - U
of M.pdf,03-0415 - submittal - law analysis.pdf,03-0415 Outside Cover.PDF,03-0415 Inside Cover with
Photos.PDF,03-04I5 Table of Contents.PDF,03-0415 Article I - Project Information.PDF,03-0415
Aerial.P.DF,03-0415 Zoning Atlas.PDF,03-0415 Project Data S:heet.PDF,03-0415 Computer Tax Printout
- Deed.PDF,03-0415 Ownership List.PDF,03-0415 Directory of Project Principals.PDF,03-0415 Article
II - Project Description.PDF,03-0415 Article lil - Supporting Documentation.PDF,03-0415 Minority
Construction Employment Plan.PDF,03-0415 Traffic Impact Analysis.PDF,03-0415 Site Utility
Study.PDF,03-0415 Economic Impact Analysis.PDF,03-0415 Survey of Property.PDF,03-0415 MUSP
Fact Sheet 04-22-04.pdf 03-0415 MUSP Fact Sheet 06-10-04.pdf,03-0415 Kubik Analysis - Sec 1305
Bookiet.PDF,03-0415 Booklet Index.PDF,03-0415 Booklet Exhibit A.PDF,03-0415 Booklet Exhibit
B.PDF,03-0415 Booklet Exhibit C,PDF,03-0415 Booklet Exhibit D.PDF,03-0415 Booklet Exhibit
E.PDF,03-0415 Booklet Exhibit F.PDF/03-0415 Booklet Exhibit G.PDF,03-0415 Circuit Court
Orders.pdf,03-0415 June 10, 2004 CC Resolution.pdf,03-0415 June 10, 2004 Transcripts.pdf,03-0415
May 6, 2004 Transcripts.pdf,03-0415 April 22, 2004 Transcripts.pdf,03-0415 MUSP Fact Sheet
Ciiv of Affarni
Page 1 Prinied on 5/18/2008
sty o a
asterReport
Enactment Number: R-06-0344
City- HaR
3500 Pan American Drive
Miami, FL 33133
mram gay.com
05-25-06.pdf,
History of Legislative File
Version: Acting Body;
Date:
Action:
City Commission 4/22/2004 CONTINUED
City Commission 5/6/2004 CONTINUED
Office of the City 5/12/2004 Reviewed and
Attorney- Approved
2 City Commission 6/10/2004 ADOPTED WITH
MODIFICATION
2 Office of the Mayor 6/14/2004 Siexncd by the Mayor
Sent To:
2 Office of the City 5/4/2006 Reviewed and
Attorney Approved
3 City Commission 5/25/2006 ADOPTED wail
MODIFICATIONS
3 Office of the Mayor 5/31/2006 Signed by the Mayor Office of the City
Cierk
3 Office of the City Clerk 5/31/2006 Signed and Attested
by City Clerk
3 Office of the City 6/23/2006 Reviewed and
Attorney Approved
Action Note: Modifications made by law
Due Date:
Return Date: Result:
Pass
Pass
City of Miami Page 2 Printed on 3/18/2008
y of Lam
Legis anon
Resolution: R-46.O344
"ill Number; €3-0415
Fan .A er van
Dive
Miami, FL 331-33
nw:<.F3.ma ft.u,s
Final Action Date. 5!
A RESOLUTION OF THE MIAM'vtl 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 KUBIK AT MVlORNINGSIDE PROJECT, TO BE LOCATED AT
APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, IVIIAMI, FLORIDA, TO BE
PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS
WITH THE "ALTERNATIVE A' OPTION COMPRISED OF 293 MULTIFAMILY
RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/RESTAURANT SPACE,
AND APPROXIMATELY 422 TOTAL PARKING SPACES: OR THE 'ALTERNATIVE
B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS,
33,046 SQUARE FEET OF RETAIL/RESTAURANT SPACE, AND
APPROXIMATELY 362 TOTAL PARKING SPACES: PROVIDING FOR CERTAIN
FLOOR AREA RATIO („FAR") BONUSES; DIRECTING TRANSMITTAL; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERAB1LITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS. on February 7, 2004, Lucia A. Dougherty, Esquire, on behalf of Kubik, LLC and
Biscayne Premier Investments; Inc. and Mark's Classics Corp (referred to as "APPLICA.NT'),
submitted a complete Amended Application for Major Use Special Permit for Kubik at Mornings€de
(referred to as "PROJECT") pursuant to Articles 5, 13 and 17 of Zoning Ordinance Noe 11000, for the
properties located at approximately 5600-5780 Biscayne Boulevard, Miami, Florida, as legally
described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on October 1, 2003 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 15. 2003, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, Item No. 6,
following an advertised public hearing, recommended APPROVAL (Reso. 2003-0 7 99) of a Special
Exception by a vote of nine to zero (9-0); and
WHEREAS. the Miami Planning Advisory Board, at its meeting held on December 17, 2003, Item
No, 7, following an advertised public hearingg, adopted Resolution No. PAB 94-03 by a vote of four to
two (4-2), recommending DENIAL of the original Application for a Major Use Special Permit
Development Order as attached and incorporated; and
Printed On; 6/2/2 06
. geu. 3
u,-. ri,a
HEREAS, the Miami Planning Advisory Board, at its meeting held on Apri 7 , 2004, item, No. 3,
following an advertised public hearing: adopted Resolution No. PAB 33.04 by a vote of five to four (5--
4), recommending APPROVAL with conditions as presented in the Amended Major Use Special Permit
Development Order as attached and incorporated and PAB expressed a preference for Alternative "A"
a_ and
WHEREAS, the City C r issiorl deems it advisable and in the best interest of the general welfare
of the City of Mimi 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 MiAM1,
FLORiDA:
Section 1 . The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2, A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, located at approximately 5600-5780
Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and
incorporated.
Section 3, The PROJECT is approved for the construction of two 14-story buildings with two
design options with the "Alternative A" option comprised of 293 multifamily residential units. 41,745
square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative
B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retaillrestaurant
space, and approximately 362 total paring 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) and 0 (Office) zoning
classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation. 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
) Site and Urban Planning:
Respond to the physical Yes. *Yes.
Printed Orr. 67Z r2006
Ci/r of Miami Page 2 of 13
Fe Number: 08-0415
Ark:wtimnz H-f;64.4•4
contextual environment taking
into consideration urban form
and natural features:
(2) Siting should minimize the 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.
*Yes,
li) Architecture and Lan scaDe 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.
111) 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 bank 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
City of .4liapril
Page 3 of
Peinia On: 6/22/2004
FLc NurnbPr; 03-041A
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes,
material, trellises„ special
pavements, screen walls, planters
and similar features should be
appropriately incorporated to
enhance the project.
'Yes.
V) Venioul r Access and Parkino:
(1) Design for pedestrian and Yes. *Yes,
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer,
VI) Screening:
(1) Provide landscaping that Yes. *Yes.
screen undesirable elements,
such as surface parking 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
durnpsters, 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
Chy of Miami
Page 4 of 13 Primed On: 6/22/2006
FiI Number: 03-0415
_ .
feasible soften the garage
structure with trellises,
landscaping; and/or other
suitable desvan element.
Jfld Lionting:
(1) Design signage appropriate Yes,
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes, 'Yes.
feature to the building facade,
on and around landscape
areas, special building or
site features, andior signage.:
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
properties
(4) Provide visible signage Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration,
*Yes
VIII) Preservation of Natural Features]
(1) Preserve existing vegetation Yes. "yes.
and/or geological features
whenever possible.
IX) Modification of Nonconfo mities:
(1) For modifications of n/a *nia
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform n/a *n/a
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure
*Compliance is subject to conditions.
City qf Miami
.Page 5 of 13 Pri,ned Ow 6/22/2006
Ntnnber 03-0415
R-0.6-034.4
These findings have been made by the City Commission to approve this project with conditions.
The PROJECT is expected to cost approximately $180,237,938, and to employ approximately
325 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 26 permanent new jobs (FTE) for building operations and will generate approximately
$959,601 annually in tax revenues to the City (2003 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 \Mil 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 vvill 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 securlty, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitleated
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 February 7,
2004, 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
City of Miami
Page 6 of .13 Printed Ow 6/22/21106
Fife Number: 03-0415
-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 Miarni, Florida, as amended (the "Zoning Ordnance), the Commission of the
City of Miami. Florida, has considered in a pubic hearing, the issuance of a Major Use Special Permit
for Kubik at Morningside , (hereinafter referred to as the "PROJECT") to be located at approximately
5609-5780 Biscayne Boulevard, Miami, Florida (see legal description on "Exhibit A", attached and
incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of
record.
After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
The PROJECT complies with the applicable Design Review Criteria pursuant to Section 1305.2 of the
Zoning Ordinance, subject to the conditions listed in this Development Order. The following specific
findings comprise the factual basis on which compliance with the Design Review Criteria has been
determined:
1. The PROJECT is oriented towards Biscayne Boulevard and the other neighboring
public streets, and its design takes advantage of the views of Biscayne Bay. (Design Review
Criteria 1(1), 1(3)).
2. The Project's site location on the Biscayne Boulevard corridor can support having
a tali building fronting Biscayne Boulevard. (Design Review Criteria 1(1), 11(2)).
3, The PROJECT is located in a node that generates higher density due to nearby
pedestrian activity. (Design Review Criteria 1(1)).
4. The Project's design complements the 55th Street Station commercial node with
commercial, retail and residential uses. (Design Review Criteria 1(1), 11(2)).
5. The Project's design reflects the architectural character of the Biscayne Boulevard
corridor. (Design Review Criteria 11(2)).
6, The Project's architectural design, specifically its fenestrations, colors, and
articulation of the facade, takes into consideration nearby buildings and structures such as
Andiamo Pizza. (Design Review Criteria 11(2), 11(4), 11(5)),
7, The Projects design takes account of the nearby residential neighborhood by
including town houses on the side of the PROJECT facing that neighborhood. (Design Review
Criteria 11(2)).
3, The Projects parking garage will be lined with commercial and residential uses.
(Design Review Criteria V1(3)).
City tj'Afiezerzi
Page 7of13 Pruned 6/22/2096
File iVumbor 03-0415 11g772ber: t<-0,5-1);i4-1
Q, The traffic studies on the PROJECT report that all aspects of the PROJECT are
acceptable and fall within the City's Level of Service thresholds. (Design Review Criteria 1(2),
V(1), V(2), V(3)),
10. The Project's design provides for adequate vehicular crcilation, (Design, Review
Criteria 1(2), V(1), V(2), V(3)),
11, The Project's design was revised by restricting access to one driveway on N.E. 4th
Court such that the impact on the local transportation system has been decreased. (Design
Review Criteria 1(2), V(1) V(2), V(3)).
12. The Project's design includes a peripheral pedestrian path which addresses
pedestrian safety. (Design Review Criteria V(1)).
13. The width of the driveway has been reduced to a minimum. (Design Review
Criteria 1(2), V(2)).
14. All of the parking is internalized and the entrance is located behind the building.
(Design Review Criteria 1(2), V(1), V(2), V(3)).
15. The Project's design also internalizes all service activities. (Design Review Criteria
V1(2)).
16. A reduction in parking requirements is within the scope and character of the
PROJECT, because it is a rnixed-use project located next to Biscayne Boulevard in the Upper
Eastside area. (Design Review Criteria 1(1), 11(2)),
17. The PROJECT provides sufficient parking to meet its needs and includes 100
more parking spaces than is required by the City, (Design Review Criteria 1(2), V(1)),
18. The applicant has been working with the City's Planning Department with respect
to pedestrian circulation and landscaping issues. (Design Review Criteria 11(1), IV(1), 1V(2),
V1(1), VI(3)).
19. The Project's design incorporates a pedestrian plaza and public open space, in
addition to commercial uses and town houses an the street level which will increase pedestrian
activity in the area. (Design Review Criteria 1(1), 11(2), 111(1), 111(2), 1V(1)).
20, The PROJECT includes public walkways leading to the pedestrian plaza. (Design
Review Criteria 111(1), 1V(1)).
21. A gallery strip along Biscayne Boulevard that would encourage pedestrian activity
is also proposed, (Design Review Criteria 11(2), 111(1)),
22, The Project's design includes two building setbacks in order to provide pedestrians
with a sense of lower scale. (Design Review Criteria 11(3)),
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 5600-5780
Biscayne Boulevard, Miami, Florida, The PROJECT is located on a gross lot area of approximately
3.72± acres and a net lot area of approximately 2.24± 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 two 14-story buildings with two design options with the "Alternative
A" option comprised of 293 multifamily residential units, 41,745 square feet of retailirestaurant space,
and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293
multifamily residential units, 33,046 square feet of retailirestaurant space, and approximately 362 total
parking spaces; providing for certain floor area ratio ("FAR") bonuses,
an- oMimi
Page 8 of .13 Printed Or.: 6/22/2006
File Number 03-0415
The Major Use SpecialSpeciah Permit Application for the PROJECT also encompasses the folkming lower
ranking Special Permits.
mnT A,-ni.4..?r: R-060344
MAJOR USE SPECIAL PERMITS
rviUSP, as per Article 17 for development of 293 residential units:
MUSP, as per Article 5, Section 502, PUP./ districts; to increase the floor area by twenty percent
(2.0%,), 55,735.09 square feet;
SPECIAL EXCEPTIONS
SPECIAL EX.CEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9,
Section 917,7,1, reduction in parking requirements for combination of commercial and office
uses on the same premises,
CLASS fl SPECIAL PERMITS
CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3.1, for a construction fence within
the SO-9 overlay district;
CLASS II SPECIAL PERMIT, as per Article 6, Section 609.3.1, for development of new
construction within the SD-9 overlay district;
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off-slte parking
during construction;
CLASS li SPECIAL PERMIT, as per Article 9, Section 906.7.3, to permit a restaurant as an
accessory convenience establishment;
CLASS II SPECIAL PERMIT, as per resolution number 12331, to allow parking lifts located
within a garage structure;
CLASS H SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public street
roadway width greater than twenty- five feet.
CLASS I SPECIAL PERMITS
CLASS SPECIAL PERMIT, as per Article 9, Section 925.3.3, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of
construction during construction;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 918.2, for parking and staging of offsite
parking for construction crews;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS I SPECIAL PERMIT, as per Section 915.2 for FAA clearance letter;
cos .1f. Miami
Page 9 af 13 Printed OW 6/22/2906
Fife Nurr er 03-04 f 5
r-0
CLASS I SPECIAL PERMIT, as per Article 9, Section 91 .12, to allow valet park
commercial and residential use;
CLASS ! SPECIAL PERMIT, as per Article 9, Section 920 1 to allow a construction traier and
watchman's quarters;
CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, tc allow a trailer for construc on
and other temporary office uses such as leasing and sales;
CLASS I SPECIAL PERMIT, as per Article 9, Section 905.9, to allow for a special event namely
a ground breaking ceremony.
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000, as amended:
REQUEST that the following MUSP conditions to be required at the time of Temporary Certificate
Occupancy or Final Certificate of Occupancy instead of at issuance of Foundation Permit:
a) The requirement to record in the Public Records a Declaration of Covenants and Restrictions
providing that the ownership, operation and maintenance of ail common areas and facilities will be by
the property owner or a mandatory property owner association; and
b) The requirement to record in the Public Records a unity of title or covenant in lieu of unity of title.
Pursuant to Articles 5, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use
Special Permit shall be considered sufficient for the subordinate permits requested and referenced
above as well as any other special approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Oppenheim Architecture & Design, LLC, dated February 9, 2004; the landscape
plan shall be implemented substantially in accordance with plans and design schematics an file
prepared by Oppenheim Architecture & Design, LLC. dated February 9, 2004; 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) and 0 (Office)
zoning classifications, with an SD-9 (Biscayne Boulevard North Overlay) designation, 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 bui#ding codes, land development regulations, ordinances and other lav,rs
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
(.in' of liaini
Page 10 of 73 Printed On: 6/22/20015
File Number: 03-0415 Enfu'ImeW Number: .R-06-03,44
Department, arid to make recommendations concerning security measures and systems; further
submit a report to the Planning Department; prior to commencement ot construction, demonstrating
how the Police Department recommendations, if any, have been incorporated into the PROJECT
security and construction plans, or demonstrate to the Ptanning Director why such recommendations
are impractical.
3) Obtain approvefrom, 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
Fre-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 Ran (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 MinorityNVomen 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 tVIUSP
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
follovving: 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 1 Special Permits for which specific details have not yet been developed or provided,he 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 andior 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,
1 1) Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the applicant
City of Miami
Page 21 of 13
Printed On: 612212006
File Nu; Enactine:,11Nuyith,?/. 1?-0,5-(),344
shall remove shrubs by following the FDOT Plan; relocate all vehicuiar driveways to N.W. 4th Avenue
reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of diiveways
and configure the circulation within the building site: provide a continuous canopy of shade trees along
the edge of curb; see the latest FDOT construction plans for the "Biscayne Boulevard improvement
Plan" regarding landscaping,
12) Prior to application for Public Hearing of the City Commission, the applicant shall r,-..chtinue
to work with the City's Transportation Department regarding traffic inconsistencies submitted in the
applicant's traffic analysis.
13) Pursuant to the Zoning Board's decision of December 15, 2003, an approval viith
conditions for a change of zoning shall be added to this Major Use Special Permit. (For additional
information, see the Zoning Board's Resolution of December 15, 2003).
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 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:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
the PROJECT will have a favorable impact on the economy of the City; and
the PROJECT will efficiently use public transportation facilities; and
the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
the PROJECT will efficiently use necessary public facilities; and
the PROJECT will not negatively impact the environment and naturai resources of the
City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
any potentially adverse effects of the PROJECT will be mitigated through conditions of
this Major Use Special Permit,
The proposed development does not unreasonably interfere with the achievement of the objectives
of the adopted State Land Development Plan applicable to the City of Miami.
APPRpVED AS TO FORM AND CORRECTNESS: I
R.ERNANDEZ
CTY AITTPRNEY
CTh of
Page 12 of 13 Printed On: 6122/2006
File Number: 03-0415
Enacolem R-06-03
1fc=otnteS
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten oaiendar days
from the date it was passed and adopted, !f the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
CR of Miami
Page 13 of 13 Printed Oi 6/22/2906
City 0
a
Legislation
Resolution
Ci,,y H-aij
3500 Fan Arrtericzn
I-vliarn;, FL 33133
Fite Number: 03 04!5 Viztat Actiou Date:
A RESOLUTIOKOF 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, FOR THE KUtiik AT MORNINGSIDE PROJECT, TO BE LOCATED AT
APPROXIMATELY 56065780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO
BE PROPOSED AS TWO14-STORY BUILDINGS VVITH TWO DESIGN
OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293
MULTIFAMILY RESIDENTIAL UNITS, 41.745 SQUARE FEET OF
RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING
SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF
293 MULTIFAMILY RESIDENTIALUNITS, 33,046 SQUARE FEET OF
RETAIL/RESTAURANT SPACE, AND APPROXIMATELY 362 TOTAL PARKING
SPACES.; DIRECTING TRANSMITTAL MAKING FINDINGS OF FACT AND
STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on December 17, 2003, the Planning Advisory Board reviewed the Master
Development Program for the property located at 5600-5780Biscayne Boulevard, Miami, Florida
and recommended denial of the application; and
WHEREAS, on February 10, 2004, Lucia A. Dougherty on behalf of Kubik. LLC and Biscayne
Premier Investments, Inc., (referred to as "APPLICANT"), submitted,a complete Application for the
previously reviewed Major Use Special Permit application for the Kubik at Morningside (referred to
as "PROJECT") pursuant to Articles 5, 13, and 17 of Zoning OrdinanceNo. 11000, the Zoning
Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), lb approve the construction
of two 14-story buildings with either of two design options with the "Alternative A" option comprised
of 293 multifamily residential units, 41.745 square feet of retail/restaurant space, and
approximately 422 total parking spaces; or the "Alternative B" option which is Comprised of 293
multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362
total parking spaces, as legally described in "Exhibit 6", attached and incorporated; and
WHEREAS, the Large Scale Development Committee met on October 1, 2003 to consider the
proposed PROJECT and offer its input; and
WHEREAS, the Urban Design Review Board met on October 15, 2003, to consider the
proposed PROJECT and recommended approval with the following conditions; remove shrubs by
fOlowing the FOOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to
the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the
City of Miami
Ptsg,e 1 of 4
Prinfed On; 4/14/2004
Fik Numb,',`.
circulation within the building site; provide a continuous canopy of shade trees a- ig the edge
cub; see the latest FOOT construction Mans for the "Biscayne Boulevard Improvement Plan"
regarding landscaping; and
�fHEREAS, the City of Miami Planning Advisory Board, at its meeting held on April 7, 2 04,
Item No. 3, 4ollowing an advertised public hearing, adopted Resolution No. PAB 33-04 by a v ;te of
5 to 4, RECOMMENDING APPROVAL of the Major Use Special Permit application and
Development Order as attached with a preference for "Alternative "A" and incorporated subject to
the removal of conditions 12 and 13 from the Development Order; and that more elevations be
submitted prior to the City Gornmission hearing.
WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, 2004, item
No. 6, following an advertised public hearing, adopted Resolution No. ZB 2003-0799 by a vote of
nine to zero (9-0), RECOMMENDING APPROVAL of the Special Exceptions as part of a Major
Use Special Permit fo the K bik at Morningside Project from Ordinance No. 11000, as amended.
the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.1 of the Zoning Code to permit
Reduction in parking requirements for combination of commercial and office uses on the same
premises and Article 9, Section 917.7,2, valet parking for restaurant: and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miarni to issue a Major Use Special Permit Development Order as hereinafter
set forth]
NOW; THEREFORE, BE !T RESOLVED Y THE COMMISSION OF THE CITY OF M1AMi,
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, attached and incorporated as
"Exhibit A", 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
5600-5760 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit 6,"
attached and incorporated.
Section 3. The PROJECT is approved for the construction of two&14-story buildings with either
of two design options with the "Alternative A`- option comprised of 293 multifamily residential units,
41,745 square feet of retail restaurant space, and approximately 422 totai parking spaces; or the
"Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of
retail/restaurant space, and approximately 362 total parking spaces.
Section 4. The Major Use Special Permit Application for the PROJECT alsoencompasses the
lower ranking Special Permits as set forth in the Development Order ("Exhibit A") ..
Section 5, The findings of fact set forth below are made with respect to the subjedt PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood
Plan, as amended,
i
e 2 of 4 Prin ed 014: 4/ 14l2 +J4
File NurTibet 0:1-0415
b. The PROJECT conforms to the requirements of the C-1 Restricted Commercial and
Office zoning classifications, with and SD-9 Biscayne Boulevard North Overlay designation, as
contained jr1 the Zoning Ordinance of the City of Mierni, Florida, as amended,
c Pursuant to Section 1305 of the Zoning Ordinance of the City of tvliami, Honda, the specific,'
site plan aspects of the PROJECT, have been considered and will be further considered
administratively.during the process of issuing a building permit and a certificate of occupancy.
d, The PROJECT is expected to cost approximately $180,237938, and to employ
approximately 325 workers during construction (FTE-Full Time Employees); the PROJECT will
also result in the creation of approximately 26 permanent new jots. The PROJECT wiil generate
approximately $959,601, annually in tax revenues to the City (2003 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 wilt:efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance
with the conditions of this Majoti-Ose Special Permit;
(4) the PROJECT will favarably affect the need for people to find adequate housing
reasonably accessible to their pieces of employment
(5) the PROJECT will efficienity use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the
City;
(7) the PROJECT will not adverselYiaffect living conditions in the neighborhood;
(8) the PROJECT will not adversely 4ffect 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 approvedhall be binding upon the APPLICANT
and any successors in interest.
Section 7. The application for a Major Use Special Permit, vAlich was submitted on February
10, 2004, and on file with the Department of Planning and Zoningof the City of Miami, Florida,
shall be relied upon generally for administrative interpretations and sincorporated by reference.
Section 8. The City Manager is directed to instruct the Director of the.Department of Planning
and Zoning to transmit a copy of this Resolution and attachment to the APPLICANT.
Section 9, The Findings of Fact and Conclusions of Law are rnade with respect to the
PROJECT as described in the Development Order ("Exhibit A") for the PROJECT attached and
incorporated.
Section 10, The Major Use Special Permit Development Order for the PROJECT ("Exhibit
A") is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the Development
Cy ofMmi
Pag.e. 3 4 Prfted On: 4/141‘'Glii-''
File '44.frar,
04_5
Order ("Exhibit A") is determined to be invalid. illegal, or unconstitutional by a court or agent , of
competent ro,risdiction, such decision shall in no manner affect the remaining portions of this
Resokition or'1 evelopment Order ("Exhibit A') which shall remain in full force and effect.
Section 12. `Jhe provisions approved for this Major Use Special Permit, as approved, shall
comrnence and b orne operative thirty (30) days after the adoption of the Resolution,
Section 13, ThiS Ma or tise Special Per it, as a.pprov°ed, shad expire two (2) years from its
commencement and operative date,
Section 14, This Re;3,olution shall become effective immediately upon its adoption ar d
signature of the Mayor. (1; \
APPROVED AS TC FORM AND CORRECTNESS:
ALEJANDRO V LARELLO
CITY ATTORNEY
FoQt s
{1} If the Mayor does not sign this Resoiuticr, 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 V.f Miami
Page 4 4 Pr;rased On ,..4 14:2004