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HomeMy WebLinkAboutR-04-0383City of Miami Legislation Resolution: R-04-0383 City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 03-0415 Final Action Date: 6/10/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 13, AND 17 OF ZONING ORDINANCE NO. 11000, FOR THE KUBIK AT MORNINGSIDE PROJECT, TO BE LOCATED AT APPROXIMATELY 5600-5780 BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO BE PROPOSED AS TWO 14-STORY BUILDINGS WITH TWO DESIGN OPTIONS WITH THE "ALTERNATIVE A" OPTION COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 41,745 SQUARE FEET OF RETAIL/ RESTAURANT SPACE, AND APPROXIMATELY 422 TOTAL PARKING SPACES; OR THE "ALTERNATIVE B" OPTION WHICH IS COMPRISED OF 293 MULTIFAMILY RESIDENTIAL UNITS, 33,046 SQUARE FEET OF RETAIL/ RESTAURANT SPACE, AND APPROXIMATELY 362 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 17, 2003, the Planning Advisory Board reviewed the Master Development Program for the property located at 5600-5780 Biscayne Boulevard, Miami, Florida and recommended denial of the application; and WHEREAS, on February 10, 2004, Lucia A. Dougherty on behalf of Kubik, LLC and Biscayne Premier Investments, Inc., (referred to as "APPLICANT"), submitted a complete Application for the previously reviewed Major Use Special Permit application for the Kubik at Morningside (referred to as "PROJECT") pursuant to Articles 5, 13, and 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, as amended (the "Zoning Ordinance"), to approve the construction of two 14-story buildings with either of two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the "Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 total parking spaces, as legally described in "Exhibit B," attached and incorporated; and WHEREAS, the Large Scale Development Committee met on October 1, 2003 to consider the proposed PROJECT and offer its input; and WHEREAS, the Urban Design Review Board met on October 15, 2003, to consider the proposed PROJECT and recommended approval with the following conditions; remove shrubs by following the FDOT plan; relocate all vehicular driveways to N.E. 4th Court; reduce the driveway to the minimum allowable standards of 20'-24'; reduce the amount of driveways and configure the circulation within the building site; provide a continuous canopy of shade trees along the edge of City of Miami Page 1 of 4 Printed On: 6/21/2004 File Number. 03-0415 Enactment Number: R-04-0383 curb; see the latest FDOT construction plans for the "Biscayne Boulevard Improvement Plan" regarding landscaping; and WHEREAS, the City of Miami Planning Advisory Board, at its meeting held on April 7, 2004, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 33-04 by a vote of 5 to 4, RECOMMENDING APPROVAL of the Major Use Special Permit application and Development Order as attached with a preference for "Alternative "A" and incorporated subject to the removal of conditions 12 and 13 from the Development Order; and that more elevations be submitted prior to the City Commission hearing. WHEREAS, the Miami Zoning Board, at its meeting held on December 15, 2003, 2004, Item No. 6, following an advertised public hearing, adopted Resolution No. ZB 2003-0799 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of the Special Exceptions as part of a Major Use Special Permit fo the Kubik at Morningside Project from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 9, Section 917.7.1 of the Zoning Code to permit Reduction in parking requirements for combination of commercial and office uses on the same premises and Article 9, Section 917.7.2, valet parking for restaurant with the following conditions; (1) The APPLICANT shall locate the projects mechanical equipment away form the Biscayne Boulevard frontage of the PROJECT; (2) The APPLICANT shall institute a parking validation system to ensure that free parking is available to commercial establishment patrons; (3) The APPLICANT shall include restrictions as to "no noise" beyond 11:00 p.m. in the condominium documents for the PROJECT; and building lighting shall be designed so as to minimize light spellover into nearby residential areas; (4) The APPLICANT shall not review any leases for offsite advertising signs on the property; or, if the company which currently holds the lease on the existing sign shall be removed sooner; (5) The APPLICANT shall give no less than three (3) months notice to vacate the property to existing residents and shall further provide assistance in the form of $1000 to each resident who has been lining within the property for more than ten (10) years; (6) The APPLICANT shall be responsible for relocation the "Women's Club" structure to a location specified by the City Manager and will fund such an effort not to exceed $75,000; such relocation shall no occur until construction loans are in place; (7) The APPLICANT shall submit a pedestrian safety plan to be reviewed and approved by Director of Planning and Zoning and that conforms to other regulatory requirements; (8) The APPLICANT shall utilize all FAR Bonuses towards ground floor retail and service establishments with an emphasis on providing such uses along the ground floor pedestrian frontage of Biscayne Boulevard; 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: 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. City of Miami Page 2 of 4 Printed On: 6/21/2004 File Number: 03-0415 Enactment Number: R-04-0383 Section 2. A Major Use Special Permit Development Order, attached and incorporated as " Exhibit A", 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 5600- 5780 Biscayne Boulevard, Miami, Florida, more particularly described on "Exhibit B," attached and incorporated. Section 3. The PROJECT is approved for the construction of two 14-story buildings with either of two design options with the "Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet of retail/restaurant space, and approximately 422 total parking spaces; or the " Alternative B" option which is comprised of 293 multifamily residential units, 33,046 square feet of retail/restaurant space, and approximately 362 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 ("Exhibit A"). 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 conforms to the requirements of the C-1 Restricted Commercial and 0 Office zoning classifications, with and SD-9 Biscayne Boulevard North Overlay designation, as contained in the Zoning Ordinance of the City of Miami, Florida, as amended. c. Pursuant to Section 1305 of the Zoning Ordinance of the City of Miami, Florida, the specific site plan aspects of the PROJECT, have been considered and will be further considered administratively during the process of issuing a building permit and a certificate of occupancy. d. The PROJECT is expected to cost approximately $180,237,938, and to employ approximately 325 workers during construction (FTE-Full Time Employees); the PROJECT will also result in the creation of approximately 26 permanent new jobs. The PROJECT will generate approximately $959,601 annually in tax revenues to the City (2003 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 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, shall be binding upon the APPLICANT City of Miami Page 3 of 4 Printed On: 6/21/2004 File Number: 03-0415 Enactment Number: R-04-0383 and any successors in interest. Section 7. The application for a Major Use Special Permit, which was submitted on February 10, 2004, and on file with the Department of Planning and Zoning 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 Director of the Department of Planning and Zoning 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 ("Exhibit A") for the PROJECT, attached and incorporated. Section 10. The Major Use Special Permit Development Order for the PROJECT ("Exhibit A ") is granted and issued. Section 11. In the event that any portion or section of this Resolution or the Development Order ("Exhibit A") 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 ("Exhibit A") 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} 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 Page 4 of 4 Printed On: 6/21/2004