HomeMy WebLinkAboutR-08-0458City of Miami
Legislation
Resolution: R-08-0458
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00415mu Final Action Date: 7/24/2008
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 VILLAGE CARVER PROJECT, TO BE LOCATED AT APPROXIMATELY
401 NORTHWEST 71ST STREET, MIAMI, FLORIDA, TO CONSTRUCT AN
APPROXIMATE 113 FEET AND 8 INCHES, 11-STORY HIGH RESIDENTIAL -USE
STRUCTURE TO BE COMPRISED OF APPROXIMATELY 309 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES; AND APPROXIMATELY
391 TOTAL PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO
("FAR"); 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 May 30, 2007 N. Patrick Range, Esquire, on behalf of Village Carver Phase I,
LLC, Lessee and YMCA of Greater Miami, Inc. (referred to as "APPLICANT"), submitted a complete
Application for Major Use Special Permit for the Village Carver Project (06-00415mu) (referred to as
"PROJECT") pursuant to Articles 13, and 17 of Zoning Ordinance No. 11000, for the properties
located at approximately 401 NW 71 st Street, Miami, Florida, as legally described in "Exhibit A",
attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on May 16, 2007 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 17, 2007, to consider the
proposed project and recommended approval; and
WHEREAS, the Miami Zoning Board, at its meeting on June 9, 2008, Item No. 7, following an
advertised public hearing, adopted Resolution No. ZB 08-053 by a vote of five to zero (5-0) vote,
recommending APPROVAL of an Special Exception to allow the construction of Multifamily
Residential structures classification as set forth; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 18, 2008 Item No. 8,
following an advertised public hearing, adopted Resolution No. PAB 08-026 by a vote of eight to zero
(8-0), recommending APPROVAL with conditions as presented in the Major Use Special Permit
Development Order as hereinafter set forth; 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
City of Miami
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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 approximately 401 NW 71 Street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of three multifamily building
structures with a total of 309 units, approximately 229,948 square feet of floor area and 391 off street
parking spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches
N.G.V.D at top of roof slab.
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 C-2 (Liberal Commercial) District zoning
classifications of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA
(I) Site and Urban Planning: APPLICABILITY COMPLIANCE
(1) Respond to the physical contextual
environment taking into consideration
urban form and natural features; Yes Yes
(2) Siting should minimize the impact of automobile
parking and driveways on the pedestrian
environment and adjacent properties; Yes Yes
(3) Buildings on corner lots should be
oriented to the corner and public street fronts. N/A
(II) Architecture and Landscape Architecture: APPLICABILITY COMPLIANCE
(1) A project shall be designed to comply with
all applicable landscape ordinances; Yes Yes*
(2) Respond to the neighborhood context; Yes Yes
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(3) Create a transition in bulk and scale; Yes Yes
(4) Use architectural styles and details (such
as roof lines and fenestration), colors and
materials derivative from surrounding area; Yes Yes
(5) Articulate the building facade vertically
and horizontally in intervals that conform
to the existing structures in the vicinity. Yes Yes
(III) Pedestrian Oriented Development: APPLICABILITY COMPLIANCE
(1) Promote pedestrian interaction; Yes Yes
(2) Design facades that respond primarily to
the human scale; Yes Yes
(3) Provide active, not blank facades. Where
blank walls are unavoidable, they should
receive design treatment. Yes Yes
(IV) Streetscape and Open Space: APPLICABILITY COMPLIANCE
(1) Provide usable open space that allows for
convenient and visible pedestrian access
from the public sidewalk; Yes Yes
(2) Landscaping, including plant material, trellises,
special pavements, screen walls, planters and
similar features should be appropriately
incorporated to enhance the project. Yes Yes*
(V) Vehicular Access and Parking: APPLICABILITY COMPLIANCE
(1) Design for pedestrian and vehicular safety
to minimize conflict points; Yes Yes
(2) Minimize the number and width of
driveways and curb cuts; Yes Yes
(3) Parking adjacent to a street front should be
minimized and where possible should be
located behind the building; N/A
(4) Use surface parking areas as district buffer. N/A
(VI) Screening: APPLICABILITY COMPLIANCE
(1) Provide landscaping that screen undesirable
elements, such as surface parking lots, and
that enhances space and architecture; Yes Yes*
(2) Building sites should locate service elements
like trash dumpster, loading docks, and
mechanical equipment away from street front
where possible. When elements such as dumpsters,
utility meters, mechanical units and service areas
cannot be located away from the street front they
should be situated and screened from view to
street and adjacent properties; Yes Yes
(3) Screen parking garage structures with program
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uses. Where program uses are not feasible soften
the garage structure with trellises, landscaping,
and/or other suitable design element. Yes Yes
(VII) Signage and Lighting: APPLICABILITY COMPLIANCE
(1) Design signage appropriate for the scale
and character of the project and
immediate neighborhood; N/A
(2) Provide lighting as a design feature to the building
facade, on and around landscape areas, special
building or site features, and/or signage; N/A
(3) Orient outside lighting to minimize glare to
adjacent properties; N/A
(4) Provide visible signage identifying building
addresses at the entrance(s) as a functional
and aesthetic consideration. N/A
(VIII) Preservation of Natural Features: APPLICABILITY COMPLIANCE
(1) Preserve existing vegetation and/or geological
features whenever possible. Yes Yes
(IX) Modification of Nonconformities: APPLICABILITY COMPLIANCE
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed; N/A
(2) Modifications that conform to current
regulations shall be designed to
conform to the scale and context of
the nonconforming structure. N/A
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $ 141,179,540, and to employ approximately
132 workers during construction (FTE-Full Time Employees); The project will also result in the
creation of approximately 12 permanent new jobs (FTE) for building operations and will generate
approximately $ 671,310 annually in tax revenues to the City (2009 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(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;
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(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 May 30,
2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. 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 Village Carver (hereinafter referred to as the "PROJECT") to be located at approximately 401
Northwest 71 Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated),
is subject to any dedications, limitations, restrictions, reservations or easements of record.
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After due consideration of the recommendations of the Planning Advisory Board and after due
consideration of the consistency of this proposed development with the Miami Comprehensive
Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following
conditions approves the Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a Multifamily Residential project to be located at approximately 401
Northwest 71 st Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately
7.80± acres and a net lot area of approximately 6.65± 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 Multifamily Residential project comprised of three (3) separated building
structures with 309 units, approximately 229,948 square feet of floor area and 391 off street parking
spaces. The tallest of the three structures will have a maximum height of 113 feet 8 inches N.G.V.D at
top of roof slab.
The Major Use Special Permit encompasses the following Special Permits and Requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, under Conditional Principal Uses of C-2 Liberal
Commercial (12), to allow the construction of Multifamily Residential Structures of a density equal to
R-3 or higher, in this case R-4; subject to all applicable criteria;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908.2, to allow driveways of width greater
than 25.
CLASS II SPECIAL PERMIT, as per Article 15, Sect. 1512, to allow a waiver of City of Miami Parking
Guides & Standards requirement of one (1) additional foot of parking stall dimension where the side
of these stalls abuts a column. The minimum stall width dimension of 8'-6" will be measured from the
face of the column to the center line of the stall stripping lines;
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, 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 916.2.1, to allow parking for temporary
special event such as groundbreaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9. Section, to allow temporary off-street offsite parking,
for construction crews working on a residential project under construction, within R-4 or more
permissive zoning district;
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CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction trailer(s) and
other temporary construction offices such as watchman's quarters, leasing and sales centers.
CLASS I SPECIAL PERMIT, as per ARTICLE 10. Section 10, Section 10.5.4 Sub -Section 10.5.4.4.
C-2 Liberal Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST as per Article 25, Section 2502 Definition, to be qualified as a phased project by the
Director of the Planning Department as established in Article 17, Section 1701 (11).
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 Corwil Architects, Inc., signed and dated February 6, 2008; said
design 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.
The PROJECT conforms to the requirements of the proposed C-2 (Liberal Commercial) 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,
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE
FOLLOWING:
1) Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
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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
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.
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10) If the project is to be developed in phases, the Applicant shall submit an interim plan,
including a landscape plan, which addresses design details for the land occupying future phases of
this Project in the event that the future phases are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: ((a) Provide materials and color samples to be used in the proposed
balconies; (b) Provide details of the stone pavers at the entrances and pedestrian crosswalks; (c) The
stucco scoring shall be a minimum of 3" wide and 1" deep in order to emphasize the articulation in the
exterior walls; (d) Provide a Tree Mitigation Plan showing the transplanted species; (e) Provide trees
to the landscape bulb out areas between the parallel parking spaces; (f) Enhance the proposed
landscape buffers along site perimeters and unscreened portions of garages. Introduce multiple
layers of landscaping at varying heights to mitigate the impact of these structures. All this conditions
must be reviewed and approved by Planning Director prior to the issuance of any building permit.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (a) N.W. 71 Street: Construct a new sidewalk, curb and
gutter, pavement and modifications to the stormwater drainage system on the north side on N.W. 71
Street adjacent to the project in site in accordance with the required subdivision improvements for the
"YMCA CARVER" plat; (b) N.W. 3 Avenue: Construct a new sidewalk, pavement, landscaping and
stormwater drainage system for the entire width of N.W. 3 Avenue in accordance with the required
subdivision improvements for the "YMCA CARVER" plat.
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)
(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 natural 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
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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.
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.
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