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HomeMy WebLinkAboutR-11-0272City of Miami Legislation Resolution: R-11-0272 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01268mm Final Action Date: 6/23/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, 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 NORTHEAST 17TH TERRACE; MIAMI, FLORIDA, AS FOLLOWS: A) INCREASING GROSS LOT AREA AND NET LOT AREA FROM 152,811 SQUARE FEET ("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' NATIONAL GEODETIC VERTICAL DATUM ("N.G.V.D."); C) DECREASING THE HEIGHT OF TOWER NO. 2 FROM 552' TO 452' N.G.V.D.; THE RESIDENTIALAREAAND UNITS FROM APPROXIMATELY 520,328 SQ. FT. TO 385,278 SQ. FT. AND NUMBER OF UNITS, FROM 358 TO 258; D) INCREASING THE TOTAL NUMBER OF PARKING SPACES FROM 1,369 TO APPROXIMATELY 1,507; E) INCREASING THE 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. WHEREAS, on May 6, 2010, A. Vicky Garcia -Toledo, Esquire, on behalf of Biscayne Arts, LLC, Miami Proarts II, Inc. and Brickell North Investments, Inc. (referred to as "Applicant"), submitted a complete Application for Substantial Modification to a previously -approved MUSP ("MUSP") for the 1700 Biscayne Boulevard project (07-01268mm) (referred to as "Project") pursuant to Articles 13, 17, and 22 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance"), for the properties 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 Northeast 17th Terrace, Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and WHEREAS, development of the Project requires the issuance of a Substantial Modification to a MUSP pursuant to Articles 13, 17, and 22 of the Zoning Ordinance; and WHEREAS, the Large Scale Development Committee met on December 1, 2010, to consider the proposed Project and offer its input; and WHEREAS, the Urban Development Review Board met on January 19, 2011, to consider the proposed Project and recommended approval with conditions; and City of Miami Page 1 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting on May 4, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-021 by a vote of seven to one (7-1), item no. 1, recommending APPROVAL with conditions of the Substantial Modification to a previously -approved MUSP Development Order as 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 MUSP Development Order as hereinafter 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 Substantial Modification to a previously approved MUSP Development Order, incorporated within, is approved subject to the conditions specified in the Development Order, per Articles 13, 17, and 22 of the Zoning Ordinance, for the Project to be developed by the Applicant, at approximately 1700 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated. Section 3. The Project is approved for the substantial modification as follows: a) Increasing gross lot area and net lot area from 152,811 square feet ("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' National Geodetic Vertical Datum ("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 number of units from 358 to 258; d) Increasing the total number of parking spaces from 1,369 to approximately 1,507; and e) Increasing the 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. Section 4. The Substantial Modification to a previously approved MUSP 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 SD-6 (Central Commercial Residential District) zoning classification of Zoning Ordinance. 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: Design Review Criteria (1) Respond to the physical contextual APPLICABILITY COMPLIANCE Applicability Compliance Yes Yes City of Miami Page 2 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 environment taking into consideration urban form and natural features; (2) Siting should minimize the impact Yes Yes of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots should Yes Yes be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: Design Review Criteria Applicability Compliance (1) 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. III) Pedestrian Oriented Development: Design Review Criteria (1) Promote pedestrian interaction; Applicability Compliance Yes Yes (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. IV) Streetscape and Open Space: Yes Yes* City of Miami Page 3 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 Design Review Criteria Applicability Compliance (1) Provide usable open space that Yes Yes allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes Yes* material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. 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. VI) Screening: N/A N/A 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 City of Miami Page 4 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 situated and screened from view to the street and adjacent properties; (3) Screen parking garage structures Yes Yes with program uses. Where program uses are not feasible soften the garage structure with trellises, landscaping, and/or other suitable design element. VII) 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 N/A** 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. VIII) Preservation of Natural Features: N/A** N/A** Design Review Criteria Applicability Compliance (1) Preserve existing vegetation and/or Yes Yes* geological features whenever possible. IX) Modification of Nonconformities: Design Review Critria Applicability Compliance (1) For modifications onconforming N/A N/A structures, no increase in the degree of nonconformity shall be allowed; (2) Modifications that conform to N/A N/A current regulations shall be designed to conform to the scaleand context of the nonconforming structure. City of Miami Page 5 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 *Compliance is subject to conditions. ** Not applicable at this time, subject to review and approval. These findings have been made by the City Commission to approve this Project with conditions. d. Pursuant to Section 1305.3 of the Zoning Ordinance, the use and occupancy of the proposed Project have been found by the City Commission to adhere to other specific consideration(s) set forth in the Zoning Ordinance, the Code of the City of Miami, Florida, as amended ("City Code"), and other applicable regulation(s). e. Pursuant to 1305.3.1 of the Zoning Ordinance, the adequacy of the manner in which the proposed use will operate, given its specific location and proximity to less intense uses, has been found by the City Commission to adhere to other specific consideration(s) set forth in the Zoning Ordinance, the City Code and other applicable regulation(s), with particular consideration given to protecting the residential areas from excessive noise, fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of light. f. The Project is expected to cost approximately $ 631,314,800, and to employ approximately 2,005 workers during construction (FTE-Full Time Employees). The Project will also result in the creation of approximately 536 permanent new jobs (FTE) and will generate approximately $ 4,596,418 annually in tax revenues to the City of Miami (2011 dollars). g. 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 substantial modification to a MUSP; (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; (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 Substantial Modification to a MUSP. Section 6. The Substantial Modification to a MUSP, as approved and amended, shall be binding upon the Applicant and any successors in interest. Section 7. The application for Substantial Modification to a previously approved MUSP, which was submitted on May 6, 2010, 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. City of Miami Page 6 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 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 MUSP 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 Substantial Modification to a previously approved MUSP, as approved, shall commence and become operative thirty (30) days after the adoption of the Resolution. Section 13. This Substantial Modification to a previously approved MUSP, 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, 17, and 22 of the Zoning Ordinance, the City Commission has considered in a public hearing, the issuance of a Substantial Modification to a previously -approved 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 Northeast 17th Terrace, Miami, Florida, is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning, Zoning, and Appeals 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 Substantial Modification to the previously -approved MUSP and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed Project is a mixed use development 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 Northeast 17th Terrace, Miami, Florida. The Project is located on a gross lot area of approximately 4.56± acres and a net lot area of approximately 3.04± 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 a mixed -use development comprised of three towers with a maximum height of approximately 609' - 0" N.G.V.D. feet housing approximately 672 total multifamily residential units with recreational amenities; approximately 505 hotel rooms; approximately 4,638 sq. ft. of lobby space, approximately 100,051 sq. ft. of office; approximately 181,183 sq. ft. of retail space; and approximately 1,507 total parking spaces. City of Miami Page 7 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 The Substantial Modification to a previously -approved MUSP Application for the Project also encompasses the following lower ranking Special Permits: Substantial Modifications to a MUSP, as per Article 22, Section 2215.1 to allow: (b) The base footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction (New Tower No.3 added to the Project on additional land made part of the Project totaling 0.67 net Acres). The Substantial Modification to the MUSP encompasses the following Special Permit: CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 606.3, Class II Special Permit, to allow a new development in SD-6 district; All Special Permits and Requests approved under MUSP Resolution No. 09-0201, will remain in full force and effect. Pursuant to Articles 13, 17, and 22 of Zoning Ordinance, approval of the requested Substantial Modification to a previously -approved MUSP 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 Zyscovich Architects, dated April 19, 2010; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Zyscovich Architects and Urban Resorce Group, dated April 19, 2010; 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 proposed SD-6 (Central Commercial -Residential Districts) zoning classification, as contained in the Zoning Ordinance. 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 Police Department to conduct a security survey, at the option of the Police 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. City of Miami Page 8 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 3) Obtain approval, 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 of Miami 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 of Miami's Minority/Women Business Affairs and Procurement Program as a guide. 6) Record the following in the Public Records of Miami -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 of Miami with a recorded copy of the MUSP 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 Office of the City Attorney. 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 MUSP. 9) In so far as this MUSP 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: (a) Provide the Planning Department with details coordinated with Code Enforcement, Public Works, and Parks and City of Miami Page 9 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 Recreation Departments to plant trees that cannot be accommodated on -site or will require payment per tree into the City of Miami's Tree Trust Fund. Required tree replacement/mitigation for trees allowed to be removed are in addition to landscape ordinance requirements; (b) attains the sufficiency letter from the City of Miami'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 Florida Department of Transportation for any work within the Biscayne Boulevard right-of-way, (b) Northeast 17th 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 Northeast 2nd Avenue. Re -sod parkway planters and the medians, (c) Northeast 2nd 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 Northeast 17th Street and Northeast 17th Terrace to the centerline of the avenue to conform to the new gutter grade. Resod parkway planters, (d) Northeast 17th 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 Northeast 2nd Avenue 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. THE CITY OF MIAMI 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 of Miami; 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 of Miami; 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 MUSP. City of Miami Page 10 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017 File Number: 07-01268mm Enactment Number: R-11-0272 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. City of Miami Page 11 of 11 File Id: 07-01268nun (Version: 2) Printed On: 10/12/2017