HomeMy WebLinkAboutCC LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00427mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, AS AMENDED,
FOR THE NIRVANA PROJECT, LOCATED AT APPROXIMATELY 680
NORTHEAST 64TH STREET, MIAMI, FLORIDA, TO BE COMPRISED OF EIGHT
(8) TOTAL BUILDINGS, HAVING THREE (3) NEW AND FIVE (5) EXISTING
BUILDINGS TO REMAIN, RANGING IN HEIGHT FROM APPROXIMATELY 59
FEET, 4 INCHES TO 93 FEET, 10 INCHES, AND FROM A 5-STORY
RESIDENTIAL STRUCTURE TO AN 8-STORY HIGH MIXED -USE STRUCTURE
TO CONSIST OF 538 TOTAL MULTIFAMILY RESIDENTIAL UNITS WITH
RECREATIONAL AMENITIES; APPROXIMATELY 9,278 SQUARE FEET OF
RETAIL SPACE; AND APPROXIMATELY 749 TOTAL PARKING SPACES;
DIRECTING TRANSMITTAL; 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 December 7, 2005, Javier F. Avino, Esq., on behalf of Sobay Partners, LLC
(referred to as "APPLICANT"), submitted a complete Application for Major Use Special Permit for
Nirvana (referred to as "PROJECT") pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000,
for the properties located at approximately 680 NE 64 Street, Miami, Florida, as legally described in
"Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on June 7, 2005 to consider the
proposed project and offer its input; and
WHEREAS, the Urban ā¯‘evelopment Review Board met on October 19, 2005, to consider the
proposed project and recommended APPROVAL; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 21, 2006 Item No. 8,
following an advertised public hearing, adopted Resolution No. PAB 06-062 by a vote of two to four (2-
4), recommending DENIAL due to a motion to approve, which failed, constituting a recommendation of
denial of the Major Use Special Permit Development Order as hereinafter set forth; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare
of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
City ofMiami
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File Number 06-00427mu
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated within, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 680 NE 64 Street,
Miami, Florida, more particularly described on "Exhibit A," attached and incorporated.
Section 3. The PROJECT is approved for the construction of eight (8) total buildings, having
three (3) new and five (5) existing buildings to remain ranging in height from approximately 59 feet, 4
inches to 93 feet, 10 inches, and from a 5-story residential structure to an 8-story high mixed use
structure to consist of approximately 538 total multifamily residential units with recreational amenities;
approximately 9,278 square feet of retail space; and approximately 749 total 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 R-3 (Multifamily Medium -Density Residential) and C-1
(Restricted Commercial) zoning classifications of Zoning Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects'of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE
I) Site and Urban Planning:
(1) Respond to the physical Yes. *yes.
contextual environment taking
into consideration urban form
and natural features;
(2) Siting should minimize the Yes. *yes.
impact of automobile parking
and driveways on the pedestrian
environment and adjacent
properties;
(3) Buildings on corner lots Yes, *yes.
should be oriented to the corner
and public street fronts.
II) Architecture and Landscape Architecture:
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(1) A project shall be designed Yes. *Yes.
to comply with all applicable
landscape ordinances;
(2) Respond to the neighborhood Yes. *Yes.
context;
(3) Create a transition in bulk Yes. *Yes.
and scale;
(4) Use architectural styles Yes. *Yes.
and details (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.
Ill) Pedestrian Oriented Development:
(1) Promote pedestrian
interaction;
(2) Design facades that
respond primarily to the
human scale;
(3) Provide active, not blank
facades. Where blank walls
are unavoidable, they should
receive design treatment.
Yes.
Yes.
Yes.
*Yes.
*Yes.
*Yes.
IV) Streetscape and Open Space:
(1) Provide usable open space Yes, *Yes.
that allows for convenient and
visible pedestrian access from
the public sidewalk;
(2) Landscaping, including plant Yes. *yes.
material, trellises, special
pavements, screen wails, planters
and similar features should be
appropriately incorporated to
enhance the project.
V) Vehicular Access and Parking:
(1) Design for pedestrian and Yes. *Yes.
vehicular safety to minimize
conflict points;
(2) Minimize the number and Yes. *Yes.
width of driveways and curb
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File Number: 06-00427mu
cuts;
(3) Parking adjacent to a street Yes. *Yes.
front should be minimized and
where possible should be
located behind the building;
(4) Use surface parking areas Yes. *Yes.
as district buffer.
VI) Screening:
(1) Provide landscaping that Yes. *yes.
screen 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 situated and screened from
view to street and adjacent
properties;
(3) Screen parking garage Yes. *yes.
structures 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:
(1) Design signage appropriate Yes. *Yes.
for the scale and character of
the project and immediate
neighborhood;
(2) Provide lighting as a design Yes. *Yes.
feature to the building facade,
on and around landscape
areasspecial building or
site features, and/or signage;
(3) Orient outside lighting to Yes. *Yes.
minimize glare to adjacent
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properties;
(4) Provide visible signage Yes. `Yes.
identifying building addresses
at the entrance(s) as a
functional and aesthetic
consideration.
VIII) Preservation of Natural Features:
(1) Preserve existing vegetation Yes. *Yes.
and/or geological features
whenever possible.
IX) Modification of Nonconformities:
(1) For modifications of Yes. *Yes.
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform Yes. *Yes.
to current regulations shall be
designed to conform to the scale
and context of the nonconforming
structure.
*Compliance is subject to conditions.
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $95,647,465, and to employ approximately
212 workers during construction (FTE-Full Time Employees); The project will also result in the creation
of approximately 12 permanent new jobs (FTE) and will generate approximately $464,782 annually in
tax revenues to the City (2005 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing reasonably
accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(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
City of Miami
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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 December 7,
2005, and on the with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10.
issued.
The Major Use Special Permit Development Order for the PROJECT is granted and
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the
City of Miami, Florida, has considered in a public hearing, .the issuance of a Major Use Special Permit
for Nirvana (MU-2005 -038), (hereinafter referred to as the "PROJECT") to be located at approximately
680 NE 64 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
City of !Viand
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PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be located at approximately 680 NE 64
Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 16.58± acres
and a net lot area of approximately 11.54± 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 compromised of eight (8) total buildings, having three (3) new and
five (5) existing buildings to remain ranging in height from approximately 59 feet, 4 inches to 93 feet,
10 inches, and from a 5-story residential structure to an 8-story high mixed use structure to consist of
approximately 538 total multifamily residential units with recreational amenities; approximately 9,278
square feet of retail space; and approximately 749 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MUSP, as per Article 17, Section 1701, (1), for development of 163 new residential units;
MUSP, as per Article 17, Section 1701 (11), for development of 130 existing residential units built
after June 27, 1983;
MUSP, as per Article 17, Section 1701 (7), for development of 749 total parking spaces including
511 existing parking spaces to remain.
Per City Code, Chapter 36-6, request for waiver of noise ordinance for construction equipment for
continuous pours.
CLASS II PERMITS
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 609.3, for development of new construction
and exterior improvements within the SD-9;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary offsite parking and
staging during construction;
CLASS II SPECIAL PERMIT, as per Article 11, Section 1107.1, to allow changes in offstreet
parking and loading which result in the same or a lesser degree of nonconformity;
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, to allow access width from a public
street roadway greater than twenty-five feet (25').
CLASS II SPECIAL PERMIT, as per Article 9, Section 908.9, to allow development in waterfront
yards;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.4(c), to allow maneuvering of trucks on
public rights -of -ways;
CLASS II SPECIAL PERMIT, as per Article 10, Section 10.6.3.9, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 9, Section 923.2 request to reduce 4 out of the 5
required loading berths from 12' x 35' x 15' to 10' x 20' x 15'.
CLASS I PERMITS
CLASS I SPECIAL PERMIT, as per, Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per, Article 9, Section 918.2, for temporary off-street offsite
parking for construction crews.
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REQUEST for applicable Major Use Special Permit following conditions to be required at the time of
issuance of Shell Permit instead of at issuance of Foundation Permit;
a. The requirement to record in the Public Records 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.
b. And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a
Unity of Title.
Pursuant to Articles 13 and 17 of Zoning Ordinance 11000, approval of the requested Major Use
Special Permit shall be considered sufficient for the subordinate permits requested and referenced
above as well as any other special approvals required by the City which may be required to carry out
the requested plans.
The PROJECT shall be constructed substantially in accordance with plans and design schematics
on file prepared by Zyscovich Architects, dated October 10, 2005; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Kimley-Horn & Associates, dated October 10, 2005; 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 R-3 (Multifamily Medium -Density Residential)
and C-1 (Restricted Commercial) zoning classifications, 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
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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/VVomen Business Affairs and Procurement Program as a guide.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of
a Temporary Certificate of Occupancy or Certificate of Occupancy, a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common areas and
facilities will be by the property owner or a mandatory property owner association in perpetuity.
7) Prior to the issuance of a shell permit, provide the City with a recorded copy of the MUSP
permit resolution and development order, and further, an executed, record able unity of title or
covenant in lieu of unity of title agreement for the subject property; said agreement shall be subject to
the review and approval of the City Attorney's Office.
8) Provide the Planning Department with a temporary construction plan that includes the
following: a temporary construction parking plan, with an enforcement policy; a construction noise
management plan with an enforcement policy; and a maintenance plan for the temporary construction
site; said plan shall be subject to the review and approval by the Planning Department prior to the
issuance of any building permits and shall be enforced during construction activity. All construction
activity shall remain in full compliance with the provisions of the submitted construction plan; failure to
comply may lead to a suspension or revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a series of
Class I Special Permits for which specific details have not yet been developed or provided, the
applicant shall provide the Planning Department with all subordinate Class I Special Permit plans and
detailed requirements for final review and approval of each one prior to the issuance of any of the
subordinate approvals required in order to carry out any of the requested activities and/or
improvements listed in this development order or captioned in the plans approved by it.
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) The 63rd Street Building shall include liner uses facing the street as
ground level parking facing NE 63rd Street is unacceptable. The same application of liner style units
proposed along the northern courtyard facade shall be used; (b) The 64th Street Building shall include
liner uses facing the street as ground level parking facing NE 64th Street is unacceptable.. The same
application of liner style units proposed on the interior courtyard shall be used; (c) All mechanical
equipment shall be hidden from public view; (d) No construction on Phase II shall be permitted until all
common amenities required for Phase I are completed.
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12) Pursuant to comments by the City of Miami Public Works Department, the following street
improvements shall be required of the applicant: (a) Biscayne Boulevard - Coordinate the
improvements on private property with the Florida Department of Transportation Biscayne Boulevard
Reconstruction Project, Federal ID #250224-1-52-01; (b) NE 63 Street - Replace all broken and
damaged sidewalk, curb and gutter on both sides of the street the entire length of the block. Mill and
resurface the entire width, curb to curb, between Biscayne Boulevard and the dead end; (c) NE 64
Street - Replace all broken and damaged sidewalk, curb and gutter on both sides of the street the
entire length of the block. Mill and resurface the entire width, curb to curb, between Biscayne
Boulevard and Biscayne Bay.
13) Prior to the issuance of a building permit, the applicant shall submit a letter of approval of
the proposed height from the Miami -Dade County Aviation Department. if no such approvals are
granted, the height of the proposed project shall be reduced to those heights referenced in the letter
from Miami -Dade Aviation to the Planning Department dated May 16, 2005.
14) Within 90 days of the effective date of this Development Order, record a certified copy of
the Development Order specifying that the Development Order runs with the land and is binding on the
Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date of its issuance;
the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the
provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, is consistent with the orderly development and goals of the City of
Miami, and complies with local land development regulations and further, pursuant to Section 1703 of
the Zoning Ordinance:
(1) 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
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File Number: 06-00427mu
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L, FERNANDEZ
CITY 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 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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