HomeMy WebLinkAboutR-17-0090City of Miami
Legislation
Resolution R-17-0090
File Number: 1740
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/23/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A MAJOR USE SPECIAL PERMIT PURSUANT TO APPENDIX C,
SECTION 627.1.3 OF ORDINANCE NO. 13114 OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), AND ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, AS AMENDED, FOR THE MIDTOWN 6
PROJECT, TO BE LOCATED AT APPROXIMATELY 3101 NORTHEAST 1
AVENUE, MIAMI, FLORIDA TO CONSTRUCT A MIXED-USE BUILDING TO BE
COMPRISED OF EIGHT HUNDRED THIRTY-EIGHT (838) DWELLING UNITS,
WITH TWO (2) SUBORDINATE CLASS II PERMITS PURSUANT TO APPENDIX
C, SECTION 627.1.17(3) OF THE MIAMI 21 CODE TO PROVIDE TANDEM
LOADING BERTHS AND TO ALLOW FOR THE MANEUVERING OF TRUCKS
WITHIN THE PUBLIC RIGHT-OF-WAY AND PURSUANT TO APPENDIX C,
SECTION 627.1.6(4)(B) OF THE MIAMI 21 CODE TO ALLOW THE PLANNING
DIRECTOR'S APPROVAL FOR UP TO A TEN PERCENT (10%) HEIGHT
INCREASE; AND FOR A CLASS II PERMIT FOR THE MIDTOWN 7 PROJECT,
TO BE LOCATED AT 3001 NORTHEAST 1 AVENUE, MIAMI, FLORIDA TO
CONSTRUCT A NEW PROJECT WITHIN SD -27.1, AND FOR TWO (2)
ADDITIONAL CLASS II PERMITS PURSUANT TO APPENDIX C, SECTION
627.1.17(3) OF THE MIAMI 21 CODE TO PROVIDE TANDEM LOADING
BERTHS AND TO ALLOW FOR THE MANEUVERING OF TRUCKS WITHIN THE
PUBLIC RIGHT-OF-WAY PURSUANT O APPENDIX C, SECTION 627.1.6(4)(B)
OF THE MIAMI 21 CODE TO ALLOW THE PLANNING DIRECTOR'S APPROVAL
FOR UP TO A TEN PERCENT (10%) HEIGHT INCREASE; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 30, 2007, Edward Martos, Esq., on behalf of Midtown Opportunities
VB, LLC and Midtown Opportunities IVR, LLC. ("Applicant"), submitted a complete Application
for a Major Use Special Permit ("MUSP") pursuant to Appendix C of Ordinance 13114, the
Zoning of Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and Articles 1
and 17 of Zoning Ordinance No. 11000, for the properties located at approximately 3101 and
3001 Northeast 1st Street, Miami, Florida ("Project"); and
WHEREAS, development of the Project requires the issuance of a MUSP pursuant to
Appendix C, Section 627.1.3 of the Miami 21 Code; and
WHEREAS, the Urban Development Review Board met on October 17, 2007 to consider
the proposed project and recommended approval; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting held on
January 18, 2017, following an advertised public hearing, considered Item No. PZABA and
adopted Resolution No. PZAB R-17-003, recommending approval of the MUSP Development
Order as hereinafter set forth by a vote of ten to zero (10-0); 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 MUSP Development Order as hereinafter set
City of Miami Page 1 of 9 File ID: 1740 (Revision: A) Printed On: 5/17/2017
File ID: 1740 Enactment Number: R-17-0090
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.
Section 2. A MUSP Development Order, incorporated within, is approved subject to the
conditions specified in the Development Order pursuant to Appendix C, Section 627.1.3 of the
Miami 21 Code and Article 17 of Zoning Ordinance No. 11000, for the project to be developed
by the Applicant, located at approximately 3101 and 3001 Northeast 1 st Avenue, Miami, Florida,
more particularly described on "Exhibit A", attached and incorporated.
Section 3. The Project is approved for the construction of two (2) mixed-use building
structures consisting of Midtown 6 with four hundred forty-seven (447) units and Midtown 7 with
three hundred ninety-one (391) units for a total of eight hundred thirty-eight (838) units;
approximately 829,151 square feet of floor area of which 70,427 square feet is commercial space
and 4,217 square feet is office space; and 1,106 is off-street parking spaces. The tallest of the two
(2) structures will have a maximum height of three hundred thirty-six (336) feet National Geodetic
Vertical Datum ("N.G.V.D.") at the top of mechanical enclosure.
Section 4. The MUSP 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 Project:
a. The Project is in conformity with the adopted Miami Comprehensive Neighborhood
Plan ("MCNP"), as amended.
b. The Project is in accord with the existing T6 -24A-0 Transect Zone and SD -27.1
Overlay classifications of the Miami 21 Code.
c. Pursuant to Appendix C, Section 627.1.3 of the Miami 21 Code and 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 herein:
DESIGN REVIEW CRITERIA
1) 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 N/A
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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;
Yes
Yes
(3) Create a transition in bulk and scale;
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:
(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; N/A
(4) Use surface parking areas as district buffer. N/A
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VI) Screening:
Enactment Number: R-17-0090
APPLICABILITY COMPLIANCE
(1) Provide landscaping that screens 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 the 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 elements. Yes Yes
VII) Signage and Lighting:
APPLICABILITY
(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
COMPLIANCE
(1) Preserve existing vegetation and/or geological
features whenever possible. Yes Yes
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
These findings have been made by the City Commission to approve the Project with conditions.
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File ID: 1740
Enactment Number: R-17-0090
d. The Project is expected to employ approximately one hundred eighty-five (185)
workers during construction ("FTE"). The project will also result in the creation of
approximately thirty-one (31) permanent new jobs ("FTE") for building operations and
will generate approximately $7,131,715.00 annually in tax revenues to the City (2016
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 MUSP;
(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 MUSP.
Section 6. The MUSP, as approved and amended, shall be binding upon the Applicant
and any successors in interest.
Section 7. The application for MUSP, which was submitted on December 28, 2016 and
on file with the Hearing Boards Department of the City, 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 MUSP 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 MUSP, as approved, shall commence and
become operative thirty (30) days after the adoption of the Resolution.
Section 13. This MUSP, as approved, shall expire two (2) years from its
City of Miami Page 5 of 9 File ID: 1740 (Revision: A) Printed on: 5/17/2017
File ID: 1740 Enactment Number: R-17-0090
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
DEVELOPMENT ORDER
Let it be known that pursuant to Appendix C, Section 627.1.3 of the Miami 21 Code and
Articles 13 and 17 of Zoning Ordinance No. 11000, the Commission of the City of Miami,
Florida, has considered in a public hearing, the issuance of a MUSP for Midtown 6 and 7
("Project") to be located at approximately 3101 and 3001 Northeast 1 st 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 PZAB and after due
consideration of the consistency of this proposed development with the MCNP, the City
Commission has approved the Project, and subject to the following conditions approves the
MUSP and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed Project is a Mixed -Use project to be located at approximately 3101 and
3001 Northeast 1st Avenue, Miami, Florida. The Project is located on a net lot area of
approximately 5.587± 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 in
the MUSP booklet.
The proposed Project is for the construction of two (2) mixed-use building structures with
a total of eight hundred thirty-eight (838) units, approximately 829,151 square feet of floor area
of which 70,427 square feet is commercial space and 4,217 square feet is office space, and
1,106 off street parking spaces. The tallest of the two (2) structures will have a maximum height
of three hundred thirty-six (336) feet N.G.V.D. at the top of mechanical enclosure.
The Major Use Special Permit encompasses the following Special Permits and
Requests:
1. A Class II Special Permit, pursuant to Appendix C, Section 627.1.3(1) of the Miami 21
Code, for new construction within SD 27.1. This project, located at 3001 Northeast 1 st
Avenue, Miami, Florida, is called Midtown 7;
2. A Class II Special Permit, pursuant to Appendix C, Section 627.1.17(3) of the Miami 21
Code, to provide tandem loading berths for the project Midtown 6, located at 3101
Northeast 1 st Avenue, Miami, Florida;
3. A Class II Special Permit, pursuant to Appendix C, Section 627.1.17(3) of the Miami 21
Code, to provide tandem loading berths for the project Midtown 7, located at 3001
Northeast 1 st Avenue, Miami, Florida;
4. A Class II Special Permit, pursuant to Appendix C, Section 627.1.17(3) of the Miami 21
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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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Enactment Number: R-17-0090
Code, to allow for the maneuvering of trucks within the public right-of-way for the
purpose of off-street loading for the project Midtown 6, located at 3101 Northeast 1 st
Avenue, Miami, Florida;
5. A Class II Special Permit, pursuant to Appendix C, Section 627.1.17(3) of the Miami 21
Code, to allow for the maneuvering of trucks within the public right-of-way for the
purpose of off-street loading for the project Midtown 7, located at 3001 Northeast 1 st
Avenue, Miami, Florida;
6. A height increase of up to ten percent (10%), allowed as a non -substantial amendment
pursuant to Appendix C, Section 627.1.6(4)(b) of the Miami 21 Code, subject to the
approval of the Planning Director for the project Midtown 6, located at 3101 Northeast
1 st Avenue, Miami, Florida; and
7. A height increase of up to ten percent (10%), allowed as a non -substantial amendment
pursuant to Appendix C, Section 627.1.6(4)(b) of the Miami 21 Code, subject to the
approval of the Planning Director for the project Midtown 7, located at 3001 Northeast
1 st Avenue, Miami, Florida.
Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the
requested MUSP 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 the plans as prepared
by bKL Architecture LLC consisting of forty-four (44) sheets date stamped received by the Office
of Hearing Boards on November 4, 2016. Said design 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.
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. The development shall be substantially in accordance with the plans as
prepared by bKL Architecture LLC consisting of forty-four (44) sheets date
stamped received by the Office of Hearing Boards on November 4, 2016.
2. The Applicant shall comply with the recommendations from Public Works,
drafted by Abraham Bachtiar, P.E. dated November 4, 2016, found on sheet
G -003Z of the Project plans, sheets date stamped received by the Office of
Hearing Boards on November 4, 2016.
3. The Applicant shall comply with the recommendations from the Office of
Transportation, attached hereto as Exhibit B.
4. The Applicant shall provide one (1) cross-section in each direction, for each
building, prior to hearing at City Commission.
5. The Applicant shall comply with the requirements of all applicable
departments/agencies as part of the City's building permit submittal process.
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6. The Applicant shall comply with the following workforce employment
requirements:
- Forty percent (40%) of the Applicant's workforce employees must be
residents of Miami -Dade County.
- Twenty-five percent (25%) of the previously mentioned forty percent (40%)
must be residents of the City.
7. The Applicant shall employ a third -party reviewer who shall independently
review, verify, and certify, on a monthly basis, the Applicant's compliance with
the workforce employment requirements. The third -party reviewer should be
unaffiliated with the Applicant and have at least two (2) years of experience in
Contract Compliance, Auditing, Personnel Administration, and Payroll.
8. In the event the City determines, after reviewing the third -party reviewer's
evaluation, that the Applicant is not in compliance with the workforce
employment requirements, the Applicant shall be penalized as follows:
- The Applicant shall pay one thousand dollars ($1,000.00) per Miami -Dade
County resident under the forty percent (40%) threshold stated above.
- The Applicant shall pay one thousand five hundred dollars ($1,500.00) per
City resident under the twenty-five percent (25%) threshold stated above.
9. The Applicant shall voluntarily contribute to the Affordable Housing Trust
Fund the total amount of two hundred thirty thousand dollars ($230,000.00)
("Contribution"). The Applicant will make the Contribution in two (2) equal
installments. The first installment (equal to $115,000.00) will be made prior to
the issuance of a master permit for construction of "Midtown 6" as described
in the plans described in condition 1 above. The second payment (equal to
$115,000.00) will be made prior to the issuance of a master permit for
construction of "Midtown 7" as described in the plans identified in condition 1
above. The Contribution shall be adjusted annually based on a three percent
(3%) compounded interest to correspond with changes in the Consumer
Price Index For All Urban Consumers as issued by the Bureau of Labor
Statistics, United States Department of Labor.
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 MCNP, 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 Zoning Ordinance No. 11000:
(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;
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Enactment Number: R-17-0090
(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 MUSP.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City.
APPROVED AS TO FORM AND CORRECTNESS:
4Attor
i ria i nde�z, C 5/12/2017
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