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HomeMy WebLinkAboutPZAB ResoMiami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-008 File ID 13-01416rnu February 19, 2014 Item PZAB.1 Mr. Ernest Martin offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD APPROVING WITH CONDITIONS AS DESCRIBED IN EXHIBIT "1" (HEREBY ATTACHED), 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, MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A'; 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. Upon being seconded by Mr. Charles A. Gibson, the motion passed and was adopted by a vote of 11-0: Ms. Jennifer Ocana Barnes Mr, Chris Collins (Alternate) Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Mr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pifia Ms. Janice Tarbert Ms. Melody L. Torrens Mr. David H. Young ancisco Garcia, Director Planning and Zoning Department STATE OF FLORIDA j COUNTY OF MIAMI-DADE J Yes Yes Yes Yes Yes Yes Yes Absent Yes Yes Yes Yes Execution Date dog Personally appeared before me, the undersigned authority, Anel Rodriguez Clerk of the Planning, Zoning and Appeals Board of the City of Miami. Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 1 bAY OF -fralt ,.y 2014. 1. Print Notary Name Personally know -: or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath.' Notary Public State of FIB My Commission Expires: ida 3V...ry';'••. VANESSATRUJILLO ;= MY GOMMISSiON # EE 105250 EXPIRES: July 11, 2015 • ' Banded Tliw Notary Public llnderwnters EXHIBIT "1„ 1) Meet all applicable building codes, land development regulations, ❑rdinances and other laws and pay all applicable fees due prior to the issuance of any 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 and Zoning Director why such recommendations are impractical. 3) Obtain approval from, ❑r 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 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 if, 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; 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) This Major Use Special Permit includes the subordinate approval of a series of Class II Special Permits for which specific details have not yet been developed or provided, the applicant shall provide the Planning Department with all subordinate Class II 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 and Zoning Director, the applicant shall meet the following conditions, prior to the issuance of any building permit: 1. 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 2. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department and the Federal Aviation Administration (FAA) using Form 7460-1. 3. Internalize the loading. Provide a diagram to show approach and loading maneuvering. Maneuvering on the street may be approved by a Class 11 Special Permit with Public Work Department approval. 4. Provide for Planning and Zoning Director review for compliance and approval, a diagram showing the approach and maneuvering for trash pick-up. 5. 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. 6. 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. 7. 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 fund is as follows: Floor Area ratio (FAR) BONUS FEES. Developers wishing to ❑btain 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. • Exhibit "A" LEGAL DESCRIPAOfV.- Parcel B Ffldfvsrn 3 Property. Tract C of 61I0T©1IY M Adfl EAST, accordrrg to The plat thereof, as recorded kr Flat Book 1$1, of Page 77 of the Public Recp, ds of Mlamf—Dade County, Florida.