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Resolution
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Miami, FL 33133
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File Number: 13-01416mu Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLE 2, SECTION 2.2.1.1 AND APPENDIX C, SECTION 627.1.3.2 OF THE
MIAMI 21 CODE, AS AMENDED, FOR THE HYDE MIDTOWN PROJECT, TO BE
LOCATED AT APPROXIMATELY 3401 NORTHEAST 1ST AVENUE, MIAMI,
FLORIDA, TO CONSTRUCT AN APPROXIMATE 347 FOOT, 32-STORY HIGH
MIXED USE STRUCTURE TO BE COMPRISED OF APPROXIMATELY 400 TOTAL
MULTIFAMILY RESIDENTIAL UNITS WITH RECREATIONAL AMENITIES;
APPROXIMATELY 80 LODGING UNITS; APPROXIMATELY 21,745 SQUARE FEET
OF RETAIL SPACE; AND APPROXIMATELY 526 TOTAL PARKING SPACES;
PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR") BONUSES; 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 6, 2013 Iris Escarra, Esquire, on behalf of PRH Midtown 3 LLC (referred
to as "APPLICANT"), submitted a complete Application for a Major Use Special Permit, pursuant to
Article 2 Section 2.2.1.1 and Appendix C Section 627.1.3.2 of the Miami 21 Code, for Hyde Midtown
project f/k/a Midtown 3 (referred to as "PROJECT"), to be located at approximately 3401 Northeast 1st
Avenue, Miami, Florida, as legally described in "ExhibitA", attached and incorporated; and
WHEREAS, the Coordinated Review Committee met on December 4, 2013 to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on October 16, 2013 to consider the
proposed project and recommended to approve; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an
advertised public hearing, adopted Resolution No. PZAB-R * by a vote of * to * (*-*), item no. *,
recommending * of the Major Use Special Permit 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 Major Use Special Permit Development Order as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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 herein, is approved
subject to the conditions therein specified, per Article 2 Section 2.2.1.1 and Appendix C Section
627.1.3.2 of the Miami21 Code, for the PROJECT to be developed by the APPLICANT, at
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approximately 3401 Northeast 1st Avenue, Miami, Florida, more particularly described on "Exhibit A",
attached herein and incorporated.
Section 3. The PROJECT is approved for the development of the PROJECT to provide: a)
Approximately 439,291 square feet of residential area, b) Approximately 38,665 square feet of hotel
area, c) Approximately 12,061 square feet of Commercial (Retail) area, d) 400 residential units and 80
hotel rooms (equivalent to 40 residential units) for a total of 440 units, and e) 526 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-27.1 (Midtown Miami East Special District) zoning
classification of the Miami21 Code, 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
I) Site and Urban Planning: Applicability Compliance
(1) Respond to the physical contextual
environment taking into consideration
urban form and natural features; Yes Yes
(2) Siting should minimize the impact
of automobile parking and driveways
on the pedestrian environment and
adjacent properties; Yes Yes
(3) Buildings on corner lots should be
oriented to the corner and public
street fronts. Yes Yes
II) Architecture and Landscape Architecture: Applicability Compliance
(1) A project shall be designed to comply
with all applicable landscape ordinances; Yes Yes*
(2) Respond to the neighborhood context;
(3) Create a transition in bulk and scale;
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
Yes Yes
Yes Yes
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surrounding area;
Yes Yes
(5) Articulate the building facade vertically
and horizontally in intervals that conform to
the existing structures in the vicinity. Yes Yes
III) Pedestrian Oriented Development:
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
Applicability Compliance
Yes Yes
Yes Yes
(3) Provide active, not blank facades.
Where blank walls are unavoidable,
they should receive design treatment. Yes Yes
IV) Streetscape and Open Space: Applicability Compliance
(1) Provide usable open space that allows
for convenient and visible pedestrian
access from the public sidewalk; Yes Yes
(2) Landscaping, including plant material,
trellises, special pavements, screen
walls, planters and similar features
should be appropriately incorporated to
enhance the project. Yes Yes*
V) Vehicular Access and Parking: Applicability Compliance
(1) Design for pedestrian and vehicular
safety to minimize conflict points; Yes Yes
(2) Minimize the number and width of
driveways and curb cuts;
Yes Yes
(3) Parking adjacent to a street front
should be minimized and where possible
should be located behind the building; Yes Yes
(4) Use surface parking areas as
district buffer. N/A
VI) Screening: Applicability Compliance
(1) Provide landscaping that screen
undesirable elements, such as
surface parking lots, and that
enhances space and architecture; Yes Yes
(2) Building sites should locate service
elements like trash dumpster, loading
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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; Yes Yes
(3) Screen parking garage structures
with program uses. Where program uses
are not feasible soften the garage structure
with trellises, landscaping, and/or other
suitable design element. Yes Yes
VII) Signage and Lighting: Applicability Compliance
(1) Design signage appropriate for the
scale and character of the project and
immediate neighborhood; N/A
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and/or signage; N/A
(3) Orient outside lighting to minimize
glare to adjacent properties; N/A
(4) Provide visible signage identifying
building addresses at the entrance(s)
as a functional and aesthetic consideration. N/A
VIII) Preservation of Natural Features: Applicability Compliance
(1) Preserve existing vegetation and/or
geological features whenever possible. N/A
IX) Modification of Nonconformities: Applicability Compliance
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed; N/A
(2) Modifications that conform to current
regulations shall be designed to
conform to the scale and context
of the nonconforming structure.
*Compliance is subject to conditions.
** Not applicable at this time, subject to review and approval.
N/A
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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 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 $ 152,500,000, and to employ approximately
a maximum of 175 Full Time Equivalent (FTE) jobs during construction period; The PROJECT will also
result in the creation of approximately 150 new Full Time Equivalent jobs (FTE) and will generate
approximately $ 1,232,500 annually in tax revenues to the City (2013 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 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
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. This Major Use Special Permit, as approved and amended, shall be binding upon the
APPLICANT and any successors in interest.
Section 7. The application for this Major Use Special Permit, which was submitted on December 6,
2013, 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 and Zoning 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.
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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 Article 2 Section 2.2.1.1 and Appendix C Section 627.1.3.2 of
the Miami 21 Code, 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 PROJECT to be located at approximately 3401 Northeast
1st Avenue, 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, 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 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 3401 NE 1st
Avenue, Miami, Florida. The PROJECT's complete legal description and dimensions are 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 consists in a mixed use tower of 32 stories, 330 feet tall (447' N.G.V.D.),
with residential and hotel components to provide a) Approximately 439,291 square feet of floor area
for 400 residential dwelling units, b) Approximately 38,665 square feet of floor area to house 80 hotel
rooms, c) Approximately 12,061 square feet of Retail Space, which includes 4,800 square feet of
Restaurant and Cafe Space, and 526 off-street parking spaces, providing for certain floor area ratio
("FAR') bonuses.
The maximum height allowed is 300' and 28 stories; the project is providing 330' height (347'
N.G.V.D.) and 32 stories after consideration of non -substantial modification within 10% of the height
by the Planning and Zoning Director pursuant to Sec. 627.1.6.4 (a).
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This Major Use Special Permit application for the PROJECT, as per Article 2 Section 2.2.1.1 and
Appendix C Section 627.1.3.2 of the Miami21 Code, is to allow residential units in a single building that
exceed four hundred (400) dwelling units, also encompasses the following lower ranking Special
Permits:
The PROJECT, deemed as Major Use Special Permit within SD-27.1 zoning classification is
entitled to receive and requesting FAR bonus benefits by payment into the city FEC Corridor
Improvement Trust Fund in the amount of $12.40 per square feet equal to $ 708,040.00.
This Major Use Special Permit encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.3.1, Class II Special Permit, to allow
the construction of a new residential building in SD-627.1 Midtown Miami East Special District
CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.17(3), Class II Special Permit, to allow
maneuvering of loading trucks within the public right of way (East Coast Avenue)
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting
the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted
average dBA at any time and/or day subject to the City Manager Exception pursuant to Section 36-6
(c) and all the applicable criteria
Approval of the Foundation or Building Permit application under this Major Use Special Permit will
require applicant to submit to the Office of Zoning for approval, detailed plans for the following Permits:
CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.3.1, Class II Special Permit, to allow
the construction of a new residential building in SD-627.1 Midtown Miami East Special District
CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.17(3), Class II Special Permit, to allow
maneuvering of loading trucks within the public right of way (East Coast Avenue)
Pursuant to Article 2 Section 2.2.1.1 And Appendix C Section 627.1.3.2 of the Miami 21 Code,
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 Arquitectonica, dated, October 30, 2013; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on file prepared by Arquitectonica GEO ,
dated October 30, 2013; 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 and Zoning Director prior to the issuance of any
building permits; and
The PROJECT conforms to the requirements of the SD-27.1 (Midtown Miami East Special
District) zoning classification, as contained in the Miami 21 Code, where Section 627, "SD-27 Midtown
Special District" is retained and incorporated as Appendix C hereto and all provisions of Ordinance
11000 referred to in Section 627 shall be applied to Midtown Special District. The proposed
comprehensive plan future land use designation on the subject property allows the proposed uses.
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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 any building permit including the required city
FEC Corridor Improvement Trust Fund contribution in the total amount of $708,040.00.
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 and Zoning Director why such
recommendations are impractical.
3) Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANTS coordination with members of the Fire Plan Review Section at the Department of
Fire -Rescue in the review of the scope of the PROJECT, owner responsibility, building development
process and review procedures, as well as specific requirements for fire protection and life safety
systems, exiting, vehicular access and water supply.
4) Obtain approval from, or provide a letter of assurance from the Department of Solid Waste
that the PROJECT has addressed all concerns of the said Department prior to the obtainment of a
shell permit.
5) Comply with the Minority Participation and Employment Plan (including a
Contractor/Subcontractor Participation Plan) submitted to the City as part of the Application for
Development Approval, with the understanding that the APPLICANT must use its best efforts to follow
the provisions of the City's Minority/Women Business Affairs and Procurement Program as a guide, as
applicable.
6) Record the following in the Public Records of Dade County, Florida, prior to the issuance of any
building permit:
• Declaration of Covenants and Restrictions providing that the ownership, operation and
maintenance of all common areas and facilities will be by the property owner or a mandatory
property owner association in perpetuity; and
• Record in the Public Records a Unity of Title or a covenant in lieu of a Unity of Title , as applicable,
subject to the review and approval of the City Attorney's Office.
7) Prior to the issuance of a shell permit, provide the Planning Department with a recorded
copy of the documents mentioned in condition (6) above.
8) Provide the Planning Department with a temporary construction plan that includes the following:
• Temporary construction parking plan, with an enforcement policy;
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• Construction noise management plan with an enforcement policy; and
• Maintenance plan for the temporary construction site; said plan shall be subject to the review and
approval by the Planning Department prior to the issuance of any building permits and shall be
enforced during construction activity. All construction activity shall remain in full compliance with
the provisions of the submitted construction plan; failure to comply may lead to a suspension or
revocation of this Major Use Special Permit.
9) In so far as this Major Use Special Permit includes the subordinate approval of a low ranking
permits for which specific details have not yet been developed or provided, the applicant shall provide
the Planning and Zoning Department with all subordinate permits 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:
a. Provide a covenant in lieu of unity of title to the satisfaction of the Planning and Zoning
Director and the City Attorney, sufficient to allow transfers of density and intensity within
DS-27.1
b. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department
and the Federal Aviation Administration (FAA) using Form 7460-1.
c. Internalize the loading. Provide a diagram to show approach and loading maneuvering.
Maneuvering on the street may be approved by a Class II Special Permit with Public Work
Department approval.
d. Provide for Planning and Zoning Director review for compliance and approval, a diagram
showing the approach and maneuvering for trash pick-up.
e. Provide for Planning and Zoning Director review for compliance and approval design, and
locations of bicycle racks as required. See Section 6.27.1.11 Streetscape.
f. Provide for Planning and Zoning Director review for compliance and approval a superior
landscape and street furniture as requested on the City of Miami Code of Ordinances, Sec.
62-323. Prerequisite: As a prerequisite to the purchase of bonus floor area ratio (FAR), as
described in Zoning Ordinance 11000 or floor lot area (FLR) pursuant to the Miami 21
Code, the developer must improve its property with superior landscape and street furniture
as described in the SD-27 design standards and as required by Warrant.
g. Based on City of Miami Code of Ordinances, Sec. 62-325. Schedule of fees and charges:
The schedule of fees and charges to be assessed and paid into the trust fu is as follows:
Floor Area ratio (FAR) Bonus Fees. Developers wishing to obtain bonus FAR area for
properties located in the SD-27 district shall pay one-time, nonrefundable fee of $ 12.40 per
square foot of bonus floor area ratio (FAR) to the city FEC Corridor Improvement Trust
Fund as prerequisite to obtaining a building permit.
12) 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:
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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 Comprehnsive
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.
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
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 .
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