HomeMy WebLinkAboutR-14-0226City of Miami
Legislation
Resolution: R-14-0226
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01416mu Final Action Date: 6/12/2014
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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 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
("APPLICANT"), submitted a complete Application for a new 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 ("PROJECT"), to be located at approximately 3401 Northeast 1st Avenue,
Miami, Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, the Urban Development Review Board met on October 16, 2013 to consider the
proposed PROJECT and recommended to approve; and
WHEREAS, the Coordinated Review Committee met on December 4, 2013 to consider the
proposed PROJECT and offer its input; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February
19, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-008 by a vote
of eleven to zero (11-0), item no. 1, recommending APPROVAL with conditions 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 ("City") 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 fully set forth in this Section.
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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 Miami 21 Code, for the PROJECT to be developed by the APPLICANT, at
approximately 3401 Northeast 1st Avenue, Miami, Florida, more particularly described in "Exhibit A",
attached herein and incorporated.
Section 3. The PROJECT is approved for the development of the PROJECT to provide
approximately: a) 439,291 square feet of residential area; b) 38,665 square feet of hotel area; c)
21,745 square feet of commercial (retail) space; d) 400 multifamily residential units and 80 hotel
rooms (lodging units) (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 Appendix C, "SD-27.1" Midtown Miami East Special District of
the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida.
c. Pursuant to Section 1305.2 of Zoning Ordinance No. 11000, 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 are stated 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
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(1) A project shall be designed to comply
with all applicable landscape ordinances;
(2) Respond to the neighborhood context;
(3) Create a transition in bulk and scale;
Yes Yes*
Yes Yes
Yes Yes
(4) Use architectural styles and details
(such as roof lines and fenestration),
colors and materials derivative from
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: Applicability Compliance
(1) Promote pedestrian interaction;
(2) Design facades that respond
primarily to the human scale;
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
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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 dumpsters, loading
docks, and mechanical equipment
away from street fronts 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, or other
suitable design element. Yes Yes
VII) Signage and Lighting:
(1) Design signage appropriate for the
scale and character of the PROJECT and
immediate neighborhood;
(2) Provide lighting as a design feature
to the building facade, on and around
landscape areas, special building or
site features, and signage;
Applicability Compliance
N/A
N/A
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(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
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. N/A
*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 Zoning Ordinance No. 11000, 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 Zoning Ordinance No. 11000, 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 intrusions,
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 the construction period. The PROJECT will
also result in the creation of approximately 150 new FTE jobs 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;
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(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;
City;
(5) The PROJECT will efficiently use necessary public facilities;
(6) The PROJECT will not negatively impact the environment and natural resources of the
(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 and Zoning 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(s) 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. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
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Section 13. This Resolution shall become effective thirty (30) days after 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 ("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 the PROJECT to be located at approximately 3401
Northeast 1st Avenue, Miami, Florida (see legal description in "Exhibit A", attached and incorporated),
which is subject to any dedications, limitations, restrictions, reservations, or easements of record.
After due consideration of the recommendations of the PZAB 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
Northeast 1st Avenue, Miami, Florida. The PROJECT's complete legal description and dimensions are
described in "Exhibit A", incorporated herein by reference. The remainder of the PROJECT's Data
Sheet is attached and incorporated as "Exhibit B".
The proposed PROJECT approximately consists of a mixed -use tower of 32 stories, 330 feet
tall (447' N.G.V.D.), with residential and hotel components to provide approximately: a) 439,291
square feet of floor area for 400 multifamily residential dwelling units; b) 38,665 square feet of floor
area to house 80 hotel rooms (lodging units); c) 21,745 square feet of Retail Space, including 4,800
square feet of Restaurant and Cafe Space; and d) 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 further consideration of a non -substantial modification within 10%
of the original height by the Planning and Zoning Director pursuant to Section 627.1.6.4(a) of Zoning
Ordinance 11000 herein included.
The PROJECT, deemed as a Major Use Special Permit within Appendix C, "SD-27.1" Midtown
Miami East Special District of the Miami 21 Code, is requesting and is entitled to receive FAR bonus
benefits by payment into the City's FEC Corridor Improvement Trust Fund in the amount of $12.40
per square foot for a total of $708,040.00.
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 Miami 21 Code, is to allow residential units in a single
building that exceeds four hundred (400) dwelling units and encompasses the following lower ranking
Special Permits:
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CLASS II SPECIAL PERMIT, as per Appendix C, Section 627.1.3.1, 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), to allow maneuvering of
loading trucks within the public right of way (East Coast Avenue).
A waiver pursuant to Section 36-6 of the City Code regarding construction equipment and permitting
the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted
average dBA at any time or day subject to all the applicable criteria.
Approval of the Foundation or Building Permit application under this Major Use Special Permit will
require the 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, to allow the construction of a new
residential building in "SD-627.1" Midtown Miami East Special District.
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 Perm shall be considered sufficient for the subordinate
permits requested and refereced 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 struted substantially in accordance with plans and design schematics on file
with the City prepared by Arquitectonica, dated October 30, 2013. The landscape shall be
implemented substantialy in accordance with plans and design schematics on file with the City
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.
The PROJECT conforms with 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 the Midtown Special District. The proposed
comprehensive plan future land use designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND 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 but not
limited to, 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 Police
Department, and to make recommendations concerning security measures and systems. To submit a
report to the Planning and Zoning Department, prior to commencement of construction,
demonstrating how the Police Department's recommendations, if any, have been incorporated into
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the PROJECT's 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 the
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's 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 Department of Solid Waste prior to the
issuance 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 Community Small Business Enterprise ("CSBE") and Procurement Program as a
guide, as applicable.
6) Record the following in the Public Records of Miami -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 and Zoning Department with a
recorded copy of the documents mentioned in condition (6) above.
8) Provide the Planning and Zoning 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
approval of the Planning and Zoning Department prior to the issuance of any building permits
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 with the
maintenance plan may lead to a suspension or revocation of this Major Use Special Permit anc
related building permits.
9) In so far as this Major Use Special Permit includes the subordinate approval of lower
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 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 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
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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 and Zoning
Director.
11) Pursuant to design related comments, the applicant shall meet the following conditions to
be reviewed and approved by the Planning and Zoning Director, prior to the issuance of any building
permit:
a. Provide a Unity of Title or covenant in lieu of unity of title to the satisfaction of the Planning
and Zoning Director, Public Works Director, Building Official, Zoning Administrator, and the
City Attorney, sufficient to allow transfers of density and intensity within SD-27.1.
b. Submit proof of compliance with all the regulations of the Miami -Dade Aviation Department
and the Federal Aviation Administration 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 design approval
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 of a superior
landscape and street furniture as requested on the City of Miami Code of Ordinances,
Sec. 62-323. 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. 2-325, the schedule of fees and
charges to be assessed and paid into the trust fund is as follows:
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:
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,
and complies with local land development regulations and further, pursuant to Section 1703 of the
Zoning Ordinance:
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(1) The PROJECT will have a favorable impact on the economy of the City;
(2) The PROJECT will efficiently use public transportation facilities;
(3) The PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(4) The PROJECT will efficiently use necessary public facilities;
(5) The PROJECT will not negatively impact the environment and natural resources of the
City;
(6) The PROJECT will not adversely affect public safety;
(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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