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HomeMy WebLinkAboutPZAB ResoMiami Planning, Zoning and Appeals Board File ID 07-01268mm Resolution: PZAB-R-11-021 May 04, 2011 Item PZAB.1 Mr. Ernest Martin offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, WITH CONDITIONS, TO THE MIAMI CITY COMMISION, A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13, 17, AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE 1700 BISCAYNE BOULEVARD PROJECT, TO BE LOCATED AT APPROXIMATELY 1700 AND 1730 BISCAYNE BOULEVARD, 1707 NORTHEAST 2ND AVENUE, 221, 235, 239, AND 249 NORTHEAST 17TH STREET AND 222, 230, 234, AND 246 NE 17TH TERRACE, MIAMI, FLORIDA, AS FOLLOWS: A) INCREASING GROSS LOT AREA AND NET, LOT AREA, FROM 152,811 SQ. FT. TO 198,614 SQ. FT. AND FROM 103,408 SQ. FT. TO 132,593 SQ. FT., RESPECTIVELY; B) ADDING A NEW TOWER NO. 3 WITH 153 RESIDENTIAL UNITS, 216 HOTEL ROOMS AND 100,051 SQ. FT. OF OFFICE SPACE, FOR A TOTAL COMBINED AREA OF 431,014 SQ. FT. WITH A HEIGHT OF APPROXIMATELY 499' N.G.V.D; C) DECREASING THE HEIGHT OF TOWER NO. 2 FROM 552' TO 452' N.G.V.D.; THE RESIDENTIAL AREA AND UNITS FROM APPROXIMATELY 520,328 SQ. FT. TO 385,278 SQ. FT.; AND NO. OF UNITS, FROM 358 TO 258; D) INCREASING THE TOTAL NUMBER OF PARKING SPACES FROM 1,369 TO APPROXIMATELY 1,507; E) INCREASING TOTAL RETAIL SPACE FROM 140,281 SQ, FT. TO APPROXIMATELY 181,183 SQ. FT. AND LOBBY SPACE FROM 3,734 SQ. FT. TO 4,638 SQ. FT.; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THIS SUBSTANTIAL MODIFICATION WAS RECOMMENDED APROVAL SUBJECT TO THE FOLLOWING CONDITIONS AS DECRIBED IN "EXHIBIT 1" (HEREBY ATTACHED). Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by a vote of 7-1: Mr. Charles A. Garavaglia Mr. Patrick Goggins Ms. Maria Beatriz Gutierrez Mr. Lazaro Lopez Mr. Ernest Martin Mr. Daniel Milian Mr. Michael Schiff Ms. Janice Tarbert STATE OF FLORIDA COUNTY OF MIAMI-DADE Yes Yes Yes Yes Yes Yes No Yes Francisco Garcia, Director Planni g Department Personally appeared before me, the undersigned authority, An& Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 1111 DAY OF May 2011. Print Notary Name 1' Personally know ✓or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath is State of Florida oo -`Notary Public State of Florida Sandra Forges < My Commission DD859677 �o Expires02/09/2013 My Commission Expires: EXHIBIT "A" COMPLETE LEGAL DESCRIPTION COMBINING ALL LOTS Lots 15, 16, and 17, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, LESS that certain strip off the East side of the land conveyed to the City of Miami, Florida, and described as follows: Beginning at the Southeast corner of Lot 15 aforesaid as the POINT OR PLACE OF BEGINNING: thence, run West along the South line of said lot for a distance of 17.64 feet to a point; thence run Northeasterly a distance of 166.317 feet more or less to a point on the North line of said lot, which point is 6.81 feet West of the Northeast corner thereof; thence, run East on the North line of said lot a distance of 6.81 feet to the Northeast corner thereof; thence, run South a distance of 165.90 feet, more or less, to the POINT OR PLACE OF BEGINNING. LESS AND EXCEPT RIGHT-OF-WAY DEDICATION PARCEL: That portion of the remainder of Lot 15 lying West of the West Right -of -Way line of Biscayne Boulevard, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the plat thereof recorded in Plat Book 4, Page 64, Public Records of Miami -Dade County, Florida, being more particularly described as follows: The external area of a circular curve concave to the Northwest and having a radius of 25 feet and tangents which are 50 feet Westerly of and parallel with the centerline .of Biscayne Boulevard and 40 feet North of and parallel with the centerline of N.E. 17th Street. AND Parcel 1 Lots 1 and 2, Block 12, THIRD AMENDED MAP OF MIRAMAR, according to the Plat thereof, as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. Parcel 2: Lots 20 and 21, Block 4, RICE AND SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 3: Lots 22 and 23, Block 4, RICE SULLIVAN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 4 at Page 64, Public Records of Miami -Dade County, Florida. Parcel 4: Lots 3 and 4, Block 12, MIRAMAR SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 5 at Page 4, Public Records of Miami -Dade County, Florida. AND Lots 18 and 19, Block 4 of RICE AND SULLIVAN SUB -DIVISION, according to the Plat thereof, as recorded in Plat Book 4, Page 64, of the Public Records of Miami -Dade County, Florida. AND PARCEL A: All that part of Lot 1, Block 13, lying West of the Westerly right of way line of Biscayne Boulevard, as established by the City of Miami Monument Lines, and all of Lots 2 and 3, Block 13, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL B: All of Lot 4, Block 13, of Miramar,:according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County, Florida. PARCEL C: All of Block B, of Miramar, according to the Plat thereof, as recorded in Plat Book 5, Page 4 of the Public Records of Miami -Dade County. Containing 132,593 Square feet or 3.04 Acres more or less by calculations. Exhibit 1 File ID 07-01268mm 1) Meet all applicable building codes, land development regulations, ordinances and other laws and pay all applicable fees due prior to the issuance of any building permit. 2) Allow the Miami Police Department to conduct a security survey, at the Department's discretion, 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, as applicable. 6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any building permit: • 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; and • Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title if, applicable, subject to the review and approval of the City Attorney's Office. 7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded copy of the documents mentioned in condition (6) above. 8) Provide the Planning Department with a temporary construction plan that includes the following: • Temporary construction parking plan, with an enforcement policy; • Construction noise management plan with an enforcement policy; and • 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 condition, prior to the issuance of any building permit: Landscape: a) Provide the Planning Department with details coordinated with Code Enforcement, Public Works, and Parks & Recreation Departments to plant trees that cannot be accommodated on -site or will require payment per tree into the City's Tree Trust Fund. Required tree replacement/mitigation for trees allowed to be removed are in addition to landscape ordinance requirements. b) Applicant will Use its best effort to replace trees to adjacent medians in cooperation with the City. Other: c) The applicant shall attain the sufficiency letter from the City's Traffic Consultant, URS Corp. 12) Pursuant to comments by the City of Miami Public Works Department, the following street improvements shall be required to the applicant: (a) Biscayne Boulevard: Hardscape and landscaping improvements shall conform to Florida Department of Transportation plans, Fin.Proj. No. 414624-1-52-01. A permit is required from the F.D.O.T. for any work within the Biscayne Boulevard right-of-way, (b) NE 17 Street: Replace damaged sidewalk, curb and gutter on the north side of the roadway adjacent to the project site. Construct new median curb on the perimeter of the medians. Mill and resurface the west bound roadway lanes between Biscayne Boulevard and NE 2 Avenue. Re -sod parkway planters and the medians, (c) NE 2 Avenue: Replace damaged sidewalk on the east side of the roadway adjacent to the project site. Construct new curb and gutter on the eastside of the roadway adjacent to the project site. Rebuild the north bound lanes between NE 17 Street and NE 17 Terrace to the centerline of the avenue to conform to the new gutter grade. Resod parkway planters, (d) NE 17 Terrace: Replace damaged sidewalk on the south side of the roadway adjacent to the project site. Construct new curb and gutter on the south side of the roadway adjacent to the project site. Rebuild the eastbound lanes between NE 2 and Biscayne Boulevard to the centerline of the terrace to conform to the new gutter grade. Re -sod parkway planters.. 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.