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HomeMy WebLinkAboutCC Legislation (Version 2)City o arm Leation Resolution File Number: 08-00902azmm w .iniami ov tam Final Action Date A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED BRICKELL VIEW MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO, 11000, AS AMENDED, FOR THE HAMPTON INN & SUITES PROJECT, TO BE LOCATED AT APPROXIMATELY 30 SOUTHWEST 12TH STREET, MIAMI, FLORIDA, TO MODIFY PHASE II OF RESOLUTION NO. O1-133 FROM A MIXED -USE RESIDENTIAL BUILDING STRUCTURE TO A HOTEL BUILDING STRUCTURE WITH APPROXIMATELY 221 LODGING UNITS, APPROXIMATELY 8,870 SQUARE FEET OF RESTAURANT SPACE AND APPROXIMATELY 1,775 SQUARE FEET OF RETAIL SPACE, WITH THE HOTEL BUILDING STRUCTURE HAVING AN APPROXIMATE HEIGHT OF 155 FEET 6 INCHES N.G.V.D AT TOP OF MAIN ROOF SLAB AND WILL PROVIDE APPROXIMATELY 212 OFF-STREET PARKING SPACES; PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR'); MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABIL.ITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 6, 2007, Adrienne Friesner Pardo, as attorney on behalf of Bernard Wolfson, Trustee owner and Brickell Hotel Group as applicant (referred to as "APPLICANT"), submitted a complete Application for a Substantial Amendment to Major Use Special Permit for the Brickeli View project to construct the Hampton Inn & Suites (referred to as "PROJECT") pursuant to Articles 13, 17 and 22 of Zoning Ordinance No. 11000, for the properties located at approximately 30 SW 12th Street, Miami, Florida, more particularly described in Exhibit "A," attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Major Use Special Permit pursuant to Article 17 of Zoning Ordinance No, 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on June 25, 2008, to consider the proposed project and offer its input; and WHEREAS, the Urban Development Review Board met on July 16, 2008, to consider the proposed project and recommended denial; and WHEREAS. the Miami Planning Advisory Board, at its meeting on September 17, 2008, following an advertised public hearing, adopted Resolution No, PAB 08-039 by a vote ofEight to Zero (8-0), item No. P,8, recommending APPROVAL with conditions of the Substantial Modification to a previously approved Major Use Special Permit Development Order as set forth; and WHEREAS, the City Commission deems it advisable and in the best interest of the general City of Miami Page I of 12 Printed On: 10/772008 ! : i Fr cr: O9O2 welfare of the City of M forth: e a Major Use Special Permit Develcrnert Order as her einafter set NOW, THEREFOR, BE l i RESOLVED BY THE OMMiS ON OF THE CITY OF MIAMI, FLORiDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted 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, at approximately 30 SOUTHWEST 12TH STREET, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated, Section 3. The PROJECT is approved for the construction of a mixed use development with a maximum approximate height of 155 feet 6 inches to be comprised of approximately 221 total lodging units with recreational amenities; approximately 1,775 square feet of retail space; approximately 8,870 square feet of restaurant space, and approximately 212 total parking spaces; providing for certain floor area ratio ("FAR"). 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 SD-7 (Central Brickell Rapid Transit Commercial -Residential 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 I) Design Review Criteria: Applicability Compliance (1) Respond to the physical contextual Yes Yes environment taking into consideration urban form and natural features; (2) Sitting should minimize the impact of automobile parking and driveways Yes Yes City of Miami Page 2 of'12 Printed On: 10/7/2008 File M. Vie# O ? 972i ;b on the pedestrian env adjacent properties;; `3) Buildings on corner lots should Yes Yes be oriented to the comer and public street fronts. `!) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (I) A project shall be designed to Yes Yes* comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes Yes context; (3) Create a transition in bulk and Yes Yes scale° (4) Use architectural styles and details Yes Yes* (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. Ili) Pedestrian Oriented Development: Design Review Criteria Applicability Compliance Yes Yes (1) Promote pedestrian interaction; (2) Design facades that respond Yes primarily to the human scale; (3) Provide active, not blank facades. Yes Where blank walls are unavoidable, they should receive design treatment. Yes Yes* IV) Streetscape and Open Space: Design Review Criteria Applicability Compliance City of Page 3 of 12 Printed On: 10/7/2008 Elie Ntumber. 08-0G902rn (') Provide usable open space that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Material, trellises, special pavements, screen wails, planters and similar features should be appropriately incorporated to enhance the project. Yes Yes Yes V) Vehicular Access and Parking: Design Review Criteria Applicability Compliance (1) Design for pedestrian and Yes Yes vehicular safety to minimize conflict points; (2) Minimize the number and width Yes Yes of driveways and curb cuts; (3) Parking adjacent to a street front Yes Yes should be minimized and where possible should be located behind the building; (4) Use surface parking areas as district buffer. Yes Yes VI) Screening: Design Review Criteria Applicability Compliance (1) Provide landscaping that screen Yes Yes undesirable elements, such as surface parking lots, and that enhances space and architecture; (2) Building sites should locate Yes Yes service elements like trash dumpster, loading docks, and mechanical equipment away from street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front they should be Cis' of Miami Page 4 of 12 Printed OR 10/7/2008 Life Number: O8 00902mm situated and screened from view to street and adjacent properties; (3) Screen parking garage structures with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. Vli) Signage and Lighting. Design Review Criteria Applicability Compliance (1) Design signage appropriate for Yes N/A** the scale and character of the project and immediate neighborhood; (2) Provide lighting as a design feature Yes NIA** to the building facade, on and around landscape areas, special building or site features, and/or signage; (3) Orient outside lighting to minimize Yes glare to adjacent properties; (4) Provide visible signage identifying Yes building addresses at the entrance(s) as a functional and aesthetic consideration. N/A** NIA** VIll) Preservation of Natural Features: Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes N/A geological features whenever possible, IX) Modification of Nonconformities: Design Review Criteria Applicability Compliance (1) For modifications of nonconforming Yes N/A structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to Yes N/A current regulations shall be designed to conform to the scale and context of City Page 5 of 12 Printed On: 10/7/2008 Fie Number: 8 -t� 2 f the rto'l�=t"li if�§ S i `.4r�s,.g structure, unasuB e. ''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 editions. d. The PROJECT is expected to cost approximately $ 47,000,000, and to employ approximately 292 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the creation of approximately 135 permanent new jobs (FTE) and will generate approximately $ 393,875 annually in tax revenues to the City (2008 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 (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 deveiopment, 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 August 6, 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. the City; 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 City of Miami Page 6 of 12 Printed OR: 1O/7/2OO. 08-00902mm jurisd ction, such decision, shall in no manner affect the remain% pogtion of this evelopment Order which shall remain in full force and effect. Section 12. The provisions approved for this Mai r Use Specia=. Perm, as approved, commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Major Use Special Permit, s approved, s"•''ail expire two (2) years fr commencement and operative date, Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} DEVELOPMENT ORDER m its Let it be known that pursuant to 13, 17 and 22 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 major modification to a Major Use Special Permit for Hampton inn & Suites (08-00902mm), (hereinafter referred to as the "PROJECT") to be located at approximately 30 SW 12th Street, Miami, Florida (see legal description on "Exhibit A", attached and incorporated), is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and after due consideration of the consistency of this proposed development with the Miami Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and subject to the following conditions approves the Major Use Special Permit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximately 30 SW 12th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.71± acres and a net lot area of approximately 2.06± acres of land (more specifically described on "Exhibit A", incorporated herein by reference). The remainder of the PROJECTs Data Sheet is attached and incorporated as "Exhibit B". The proposed PROJECT will be a mixed use development with an approximate height of 155 feet 6 inches N.G.V.D to be comprised of approximately 221 lodging units with recreational amenities; approximately 1,775 square feet of retail space; approximately 8,870 square feet of restaurant area; and 221 total parking spaces; providing for certain floor area ratio ("FAR"). The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, to allow substantial changes to the approved Major Use Special Permit Resolution 01-133, as amended; City of .Miami Page 7 of 12 Printed On: 10/7/2008 Fi/e NumDezr. {1€ ' Q O2.m,''.me The Major Use Sp-eciai Pe it encompasses the foiiowsng Special Permits and the add tsonas requests. CLASS ll SPECIAL PERMIT, as per ARTICLE 6; Section 607 3, Class II Spec 3 Permit, to a construction of a new building it SD-7 district CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 922,4 (c), to allowmaneuvering ct tg ,c son public Right -of Way, with referral to Public Works Director: CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 923.2.1, to allow reduction of loading berths dimensions as follows; Required Three (3) 12 feet wide x 35 feet long x 15 feet high Proposed One (1) 12 feet wide x 35 feet long x 15 feet high Two (2) 10 feet wide x 20 foot long x 15 feet high CLASS II SPECIAL PERMIT, as per Article 15, Sect.1512, to allow a waiver of the parking Guides and Standards of the one (1) foot additional width dimension when a parking stall abuts a wall or column obstruction. CLASS 11 SPECIAL PERMIT, as per ARTICLE 9, Section 927_ Temporary structures, occupancies, and uses during construction, criteria for specials 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 1 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 ground breaking ceremonies; CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street offsite parking for construction crews, criteria, to allow temporary off-street offsite parking for construction crews working on a commercial -residential project under construction; CLASS I 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 trailers) and other temporary construction offices such as watchman's quarters, leasing and sales centers; CLASS 1 SPECIAL PERMIT, as per ARTICLE 10, Section 10.6, Sub -Section 10.6.3.7, SD-7 Central Srickell Rapid Transit Commercial -Residential District, Temporary Signs (3) , to allow temporary development signs; REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting the operation of construction equipment exceeding the sound level of a reading of 9,79 weighted average decibels at any time and/or day subject to the City Manager Exception pursuant to Section Ciro' of Mknn Page 8 of 12 Printed On:.10/7/2008 le Numb r: 08-00902.E rn - c) and all the applicable criteria; REQUEST for applicable MAJOR USE SPECIAL PERMIT, that the following candid o? be required. a 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 Covenant:. an /or RestEict ?°s providing that the ownership, operation and maintenance of ail common areas and facilities will he 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 c wenant in lieu of a lJnity of Title. Pursuant to Articles 13, 17, and 22 of Zoning Ordinance No. 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 Israel Bigelman - Architect, dated July 28, 2008; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Alex Knight - Landscape Architect and Planner, dated March 28, 2008; 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 zoning designation SD-7 (Central Brickeli Rapid Transit Commercial -Residential District) zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITIONS THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of a building permit. 2) Allow the Miami Police Department to conduct a security survey, at the option of the Department, and to make recommendations concerning security measures and systems; further submit a report to the Planning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Director why such recommendations are impractical. 3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plan Review Section at the Department of Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development process and review procedures, as well as specific requirements for fire protection and life safety Cif r ttliarni Page 9 of 12 Printed On: I8/7/29O8 bor.. O8-09902mm systems, exiting, vehicular access and water supply, 4) Obtain approval from, or provide a letter of assurance from the Department of Sold Taste 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 shelf 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. 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) Integrate the parking garage into the building's architecture on all facades, b) Parking Garages must be screened from the sight of adjacent properties, c) Provide details of the materials proposed to cover the garage openings, and indicate how all vehicles and mechanical systems within the garage will be concealed from view, d) The East and West facades shall include windows; e) A continuous canopy of shade trees along all street frontages must be provided. Additional palms and other vegetation may help to highlight entry features and other architectural features; f) Enhance the landscape buffers along the western site perimeter by providing Cat' of Miami Page 10 ef 12 Printed On: 1017/3008 File Nu, 7id) r: O O9O2mm tiered layers of plantings includi.rg shade trees; understory trees, palms, shrubs, and ground cover to create a lush buffer, and g) Provde details of the landscape planters located on the parking garage. Landscape planters roust be provided every two floors to ensure that the "green screen" properly screens the negative effects of the garage. h) Compliance, prior of TCO issuance, with conditions of sufficiency fetter prepared by the City's Traffic Consultant on BJV.0 #193 of July 9, 2008. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required of the applicant; S.W 12 Street; Replace all damaged and broken sidewalk, curb and gutter adjacent to the project site. Grade and shape parkway adjacent to the project site and plant solid sod and street trees. Mill, level and resurface S.W. 12 Street, full with, from t ae west property line of the Hampton site to approximately 100 feet west of the intersection of and South Miami Avenue. 13$ Within 98 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 reasonably accessible to their places of employment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect public safety; and (7) the public welfare will be served by the PROJECT; and (8) any potentially adverse effects of the PROJECT will be mitigated through conditions of this Major Use Special Permit. 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. City of Miami Page 11 of ?, Printed 0sa; 1 &7r 008 File :Number. Q5-QO9O2rnm APPROVES AS TC FORM AND CORRECTNESS: lE O. 3RU Y 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 ilayorvetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 12of1 Printed On: $ v7/2(i08