HomeMy WebLinkAboutPAB LegislationCity of Miami
Legislation
Resolution
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3500 Pan
American Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-00427mu Final Action Date:
CONSIDERATION OF A RESOLUTION, 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 (MU-2005-
038), 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, on behalf of Sobay Partners,
LLC (referred to as "APPLICANT"), submitted a complete Application for Major Use
Special Permit for Nirvana (MU-2005-038) (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 Development 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 **
by a vote of --- to --- (* *), recommending ---- with conditions as presented in the Major
Use Special Permit Development Order as attached and incorporated; 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;
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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 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.
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II) Architecture and Landscape Architecture:
(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.
III) Pedestrian Oriented Development:
(1) Promote pedestrian Yes *Yes
interaction;
(2) Design facades that Yes *Yes
respond primarily to the
human scale;
(3) Provide active, not blank Yes *Yes
facades. Where blank walls
are unavoidable, they should
receive design treatment.
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 walls, 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;
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(2) Minimize the number and Yes *Yes
width of driveways and curb
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 Tots,
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
areas, special 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 n/a *n/a
nonconforming structures,
no increase in the degree of
nonconformity shall be
allowed;
(2) Modifications that conform n/a *n/a
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
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(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 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 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.
Section 9. The Findings of Fact and Conclusions of Law are made with
respect to the Project as described in the Development Order for the PROJECT,
incorporated within.
Section 10. The Major Use Special Permit Development Order for the
PROJECT is granted and issued.
Section 11. In the event that any portion or section of this Resolution or the
Development Order is determined to be invalid, illegal, or unconstitutional by a court or
agency of competent 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.
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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 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 II SPECIAL PERMIT, as per Article 6, Section 609.3, for development of new
construction and exterior improvements within the SD-9;
CLASS II 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;
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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.
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.
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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 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.
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
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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 63`d Street is
unacceptable. The same application of liner style units proposed along the northern
courtyard fapade 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)
The wall around the property shall be removed and replaced with landscaping and a
transparent fencing; (d) All mechanical equipment shall be hidden from public view.
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
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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
APPROVED AS TO FORM AND CORRECTNESS:
(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.
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
{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.
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