HomeMy WebLinkAboutR-11-0330City of Miami
Legislation
Resolution: R-11-0330
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00581mu Final Action Date: 7/28/2011
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
THE APPLICABLE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR
THE CITY CENTER PROJECT, TO BE LOCATED AT APPROXIMATELY 100
NORTHWEST 12TH STREET, 1120 NORTHWEST 1ST AVENUE, 105 AND 113
NORTHWEST 11TH TERRACE, AND 1129, 1135, 1145, 1151, AND 1159
NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO CONSTRUCT A MIXED -USE
RESIDENTIAL COMPLEX COMPRISED OF TWO 27-STORY TOWERS WITH A
9-STORY PODIUM -PARKING GARAGE AND A TOTAL MAXIMUM HEIGHT OF AN
APPROXIMATE 270'-8" NATIONAL GEODETIC VERTICAL DATUM (N.G.V.D.) AT
TOP OF ROOF SLAB, PROVIDING APPROXIMATELY 340 TOTAL MULTIFAMILY
RESIDENTIAL UNITS WITH APPROXIMATELY 392,612 SQUARE FEET OF FLOOR
AREA, 3,130 SQUARE FEET OF RETAIL SPACE AND 478 OFF-STREET PARKING
SPACES; 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 3, 2010, Ryan D. Bailine, Esquire, on behalf of RNG Overtown LLC and CDG
City Center, Ltd. (referred to as "APPLICANT"), submitted a complete Application for a Major Use
Special Permit for the City Center project (File ID 10-00581 mu) (referred to as "PROJECT"), pursuant
to Articles 13 and 17 of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City
of Miami, Florida ("Zoning Ordinance"), for the properties located at approximately 100 Northwest
12th Street, 1120 Northwest 1st Avenue, 105-113 Northwest 11 th Terrace and 1129-35-45-51-59
Northwest 1st Court, 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 the Zoning Ordinance; and
WHEREAS, the proposed PROJECT is a phased development; and
WHEREAS, the Large Scale Development Committee met on July 14, 2010 to consider the
proposed PROJECT and offer its input; and
WHEREAS, the Urban Development Review Board met on September 15, 2010, to consider the
proposed PROJECT and recommended approval with conditions; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 15, 2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-065
by a vote of six to one (6-1), item no. 3, recommending DENIAL of the Major Use Special Permit
Development Order as set forth; and
City of Miami
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WHEREAS, notwithstanding the recommendation of denial by the PZAB, 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 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 the Zoning Ordinance,
for the PROJECT to be developed by the APPLICANT, at approximately 100 Northwest 12th Street,
1120 Northwest 1st Avenue, 105-113 Northwest 11 th Terrace and 1129-35-45-51-59 Northwest 1st
Court, Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of a Mixed use residential pro
comprised of two 27 story towers with 9 story podium -parking garage; with a total maximum heigh
approximately 254' 6" foot Average Ground Level (A.G.L.) {270'-8" National Geodetic Vertical Da
("N.G.V.D")} at the top of roof slab; and approximately 392,612 square feet of floor area inclusivE
approximately 340 total multifamily residential units, approximately, 3,130 square feet of retail space,
approximately 478 off-street parking spaces.
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-16.1 (Southeast Overtown-Park West Commercial
-Residential District .1) zoning classification of the 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 APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
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
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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
context;
(3) Create a transition in bulk and Yes
scale;
(4) Use architectural styles and details Yes
(such as roof lines and fenestration),
colors and materials derivative from
surrounding area;
Yes*
Yes*
Yes*
(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:
Design Review Criteria
Yes*
Yes*
Applicability Compliance
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(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 N/A
iistrict buffer.
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
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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 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
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the nonconforming structure.
*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 $53.3 million and to employ approximately
350 workers during construction (FTE-Full Time Employees); The PROJECT will also result in the
creation of approximately 10 permanent new jobs (FTE) and will generate approximately $39,310
annually in tax revenues to the City of Miami ("City") (2010 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 fficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliane with
the conditions of this Major Use Special Permit;
(4)the PROJECT will favorably affect the need for people to fin adequate housing reasonably
accessible to their places of employment;
(5) the PROECT wil efficietly use necessary public facilities;
(6) the PROECT will not negatively impact the environment and natural resources of the Ciy;
(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 as applicable 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 3, 2010,
and on file with the City's Planning Department, 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.
City of Miami
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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 the Zoning Ordinance, the City
Commission has considered in a public hearing, the issuance of a Major Use Special Permit for City
Center (file id 10-00581mu), (hereinafter referred to as the "PROJECT") to be located at
approximately 100 Northwest 12th Street, 1120 Northwest 1st Avenue, 105-113 Northwest 11 th
Terrace and 1129-35-45-51-59 Northwest 1st Court, 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 100
Northwest 12th Street, 1120 Northwest 1st Avenue, 105-113 Northwest 11 th Terrace and 1129-35-45-
51-59 Northwest 1st Court, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 2.32± acres and a net lot area of approximately 1.15± 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 residential project comprised of two 27 story
towers with 9 story podium -parking garage; with a total maximum height of approximately 254' 6" foot
A.G.L. (270'-8" N.G.V.D) at the top of roof slab; and approximately 392,612 square feet of floor area
inclusive of approximately 340 total multifamily residential units, approximately, 3,130 square feet of
retail space, and approximately 478 off-street parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
City of Miami
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ranking Special Permits:
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, (1), to allow a resider
development involving in excess of two hundred (200) dwelling units;
The Major Use Special Permit includes the following subordinate Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow a waiver of the required one
additional foot width dimension of parking stalls abutting a wall, fence, building, or other phys
obstruction.
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 927, to allow temporary structu
occupancies, and uses reasonably necessary for construction such as construction fence, COVE
walkway and if encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary carnival, festival,
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 sloe
event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-street off
parking, for construction crews working on a residential commercial project under construction, wi
SD-16.1 or more permissive zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow parking of mobile horr
trailers or manufactured homes, when authorized for security or other purposes in connection with I
development such as construction trailer(s) and other temporary construction offices such as watchrm
quarters, leasing and sales centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.6.3.16, SD-16, 16.1, 16.2 SouthE
Overtown-Park Park West Commercial -Residential District, Temporary Signs (3), to allow tempos
development signs;
Request authorization from the City Manager or his designee, which authorizes the operation and usi
construction machinery during otherwise prohibited periods of time in the event that such operatior
use is required to eliminate or reduce any dangerous or hazardous conditions which endangers !if(
property, pursuant to Chapter 36 NOISE, Section 36-6 of the City Code.
Pursuant to Articles 13 and 17 of the Zoning Ordinance, 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., dated April 6 and November 30, 2010; the landscape plan
shall be implemented substantially in accordance with plans and design schematics on file prepared
by Corwil Architects Inc. dated December 9, 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
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the issuance of any building permits; and
The PROJECT conforms to the requirements of the SD-16.1 (Southeast Overtown-Park West
Commercial -Residential District .1) 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 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
building permit:
• Declaration of Covenants and Restrictions providing that the ownership, operation
maintenance of all common areas and facilities will be by the property owner or a manda
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, applica
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.
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8) Provide the Planning Department with a temporary construction plan that includes
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
approval by the Planning Department prior to the issuance of any building permits and shall
enforced during construction activity. All construction activity shall remain in full compliance
the provisions of the submitted construction plan; failure to comply may lead to a suspensior
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, the applicant shall meet the following conditions to
be reviewed and approved by the Planning Director, prior to the issuance of any building permit:
Urban Design
a. Reduce the project scale to maintain the character of the surrounding properties
neighborhood,
Architecture
b. Provide color elevations and details of the materials to be used on exteriors, as well as gro
level details at a larger scale,
Landscape
c. Provide a tree survey prepared by a Professional Land Surveyor in the State of Florida and ri
to Chapter 17 of the City Code for tree protection and tree removal permit requirements.
d. Submit details of all plazas and sidewalk spaces for review and approval,
Other
e. Attain the sufficiency letter from the City's Traffic Consultant, URS Corp.
f. Comply with the recommendations of the "Phase I and Limited Phase II Environmental
Assessment" submitted as part of the application; and
g. Revise the phasing strategy so that the proposed phase three is incorporated within phase oni
two.
12) Pursuant to comments by the City of Miami Public Works Department, the following
specific street improvements are required: (1) Northwest 1 Avenue: Construct new sidewalk, curb and
gutter and landscaped park way, with trees, adjacent to the project site in accordance with a street
cross section approved by the Public Works Department. Construct new asphalt pavement between
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the new curb and centerline of the avenue from Northwest 11 Terrace and Northwest 12 Street, (2)
Northwest 1 Court: Repair any of the recently constructed sidewalk, curb and gutter and pavement
damaged during construction of the housing project. Construct individual street tree planters and
trees in the existing asphalt pavement in accordance with Public Works Standards.
13) Prior to issuance of any building permit, the applicant shall pay in full the DRI fee
(Southeast Overtown Park West (SEOPW) Development of Regional Impact (DRI) area fees, which
at the time of this analysis have been calculated to be an approximate amount of $ 226,240.27.
14) Within 90 days of the effective date of this Development Order, the Planning Department
shall be provided with a certified copy recorded, 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.
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
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