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HomeMy WebLinkAboutR-01-0781J-01-456 7/16/01 RESOLUTION NO .' 1 r 781 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A MODIFICATION TO THE MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 17 AND 22 OF ZONING ORDINANCE NO. 11000 FOR THE MUTINY CONDOMINIUMS PHASE II (MUTINY ON THE PARK) PROJECT, TO BE LOCATED AT APPROXIMATELY 2889 McFARLANE ROAD, MIAMI, FLORIDA, APPROVED BY THE CITY COMMISSION ON APRIL 28, 1998, PURSUANT TO RESOLUTION NO. 98-444, TO MODIFY SAID DEVELOPMENT ORDER BY INCREASING THE OVERALL HEIGHT OF THE RESIDENTIAL TOWER, ADDING HOTEL USE (PREVIOUSLY APPROVED AS APARTMENT/HOTEL), THEREBY MODIFYING THE OVERALL PARKING REQUIREMENTS AND PARKING COUNTS, AND ACCEPTING A COVENANT RELATED TO SUCH MODIFICATIONS; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; 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 February 7, 2001 and March 7, 2001, Mutiny on the Park, Ltd., ("APPLICANT") submitted requests for a modification to the previously approved Major Use Special Permit for the Mutiny Condominiums Phase II (Mutiny on the Park) Project ("PROJECT") pursuant to Articles 17 and 22 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended ("Zoning Ordinance No. 11000"); and (ATTACHMENT (S) CONTAINED 4 Of JUL 2 6 2001 WHEREAS, on March 1, 2001, and March 9, 2001, the Zoning Administrator determined that the requested modification to the proposed PROJECT and development program constituted a substantial modification to said Major Use Special Permit; and WHEREAS, pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the proposed modification to the Mutiny on the Park (Mutiny II) PROJECT requires review by the Planning Advisory Board and the City Commission; and WHEREAS, the Miami Zoning Board, at its meeting held on April 23, 2001, Item No. 5, following an advertised public hearing, adopted Resolution No. ZB 2001-0433 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of the variance component of the modification to the previously approved Major Use Special Permit Development Order as attached and incorporated; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 16, 2001, Item No. 3, following an advertised public hearing, adopted Resolution No. PAB 41-01 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL WITH CONDITIONS of the modifications to the previously approved Major Use Special Permit Development Order as attached hereto; 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; Page 2 of 8 01— 781 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. The Major Use Special Permit Development Order for the PROJECT to be developed by APPLICANT, at approximately 2869 McFarlane Road, Miami, Florida, attached hereto as "EXHIBIT B" and made a part hereof, is amended to reflect the requested modifications, subject to the remaining conditions, as specified in said Development Order, remaining in full force and effect. Section 3. The modified PROJECT is approved for the modifications described in the attached "EXHIBIT D". Section 4. The approved Major Use Special Permit for the PROJECT also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as "EXHIBIT B" hereto and incorporated herein. Section S. The findings of• fact set forth below are made with respect to the modifications to subject PROJECT: Page 3 of 8 01." 7 8 1 a. The modified PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The modified PROJECT is in accord with the O, SD -17, SD -19 and SD -2 Zoning classifications of Zoning Ordinance No. 11000. C. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse effects generally, 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 $78 million, and to employ approximately 100 workers during construction (full time employees); and 80 employees annually (recurring), The PROJECT will generate approximately $1.2 million annually in ad valorem tax revenues to local units of government (1997 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; Page 4 of 8 011— 1781 0. 0 (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 notadverselyaffect 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 Page 5 of 8 01- 781 • 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 and amended, shall be binding upon the APPLICANT and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on December 1997, and revised on March 1998, and again by this Resolution, 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 made a part hereof 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 developers: Adrienne Pardo, Esq., on behalf of Mutiny on the Park, Ltd., 1221 Brickell Avenue, Miami, F1. 33131. Section 9. The Findings of Fact and Conclusions of Law are made with respect to the modified PROJECT as described in the Page 6 of 8 01— 781 r� L • Development Order for the PROJECT, which is attached and incorporated as "EXHIBIT All. Section 10. The Major Use Special Permit Development Order for the Mutiny Condominiums Phase II (Mutiny on the Park) Project ("EXHIBIT A") is amended. Section 11. In the event that any portion or section of this Resolution or the modified 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 B") 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 herein Resolution. Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its commencement and operative date. Page 7 of 8 01— 781 Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 26th day of July , 2001. JOE CAROLLO, MAYOR. In accordance with Miami Code Seo. 2.36, since the Mayor did not indicate approval at this legislation by signing it in the designated ptaoe rovided, said legisla ATTEST: becornc effective with the elapse L yday fr the e f Commisregarding sama, without the Mayorp aN 1 WALTER J. FOEMAN Wa er J.F n Clerk CITY CLERK PREPARED AND APPROVED BY: AP V AS TO FORM AND CORRECTNESS &o- ALEJA=D VILARELLO CITY ATTORNEY W5353�.dp:BSS i� 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 thio Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 8 of 8 01— 781 • 0 "EXHIBIT A" LEGAL DESCRIPTION Commencing at a post marketing the Southwest end of the dividing line between lands of C.J. Peacock, sometimes called Charles Peacock and land designated as 'Lot 4 of MUNROE'S PLAT IN GOVERNMENT LOT NO. 1 of Section 21, Township 54 South, Range 41 East, as recorded in Deed Book D, page 253 of the Public records of Dade County, Florida; thence run in a Southeasterly direction 125 feet on the .dividing line between the lands of Charles Peacock and said Lot No. 4; thence in a Northeasterly direction 250 feet more or less to the intersection of the line dividing the lands of Wm. D. Albury and said Lot No.4 as shown by said recorded Plat in Deed Book D, at page 253 Dade County Public Records; thence along said line of W. D. Albury property in a Northwesterly direction 125 feet; thence in a Southwesterly direction 250 feet more or less to the Point of Beginning; excepting therefrom a strip of land sold to the Housekeeper's Club of. Coconut Grove, more particularly described, described as follows: Commencing at the Northeast corner of the whole Lot, as described above and running thence Northwesterly along the line of the Wm. D. Albury property 125 feet to the Northwest corner of said whole Lot; thence Southwesterly along the line of the C.J. Peacock property 60 feet; thence Southeasterly 125 feet and thence Northeasterly 60 feet to the place of beginning along the Northwest end of said whole Lot which includes the Northerly or Northeasterly 60 feet of the above described tract, said 60 foot strip adjoining the said lands of W. D. Albury above referred to; also excepting that certain parcel of land more particularly described in that certain deed recorded in Deed Book 785, at Page 280, of the Public Records of Dade County, Florida and excepting that certain 7.5 feet of land deeded to the city of Miami for street purposes under Deed filed in Clerk's File Number Y-103230. Also excepting that certain parcel of land known as the BURIAL GROUND (D.B.785, PG.280) beginning at a galvanized pipe situated 5 ft. 10 in. In a southwesterly direction from the west corner from the Coconut Grove Library Association Building and on the boundary line between the library lot and that of the Community Club property fronting on McFarlane Road in the City of Coconut Grove. Thence Southwesterly along said boundary line to the center of McFarlane Road, Thence run twenty (20) feet along said McFarlane Road in a Northwesterly Direction thence in a northeasterly direction to the intersection of a line drawn northeasterly and at right angles with the said boundary line between the library association property and the community club property, which said line shall be drawn from a point on the boundary line distant fifteen (15) feet northeasterly from the point of beginning. 01- 781 • 0 "EXHIBIT B" DEVELOPMENT ORDER ATTACHMENT TO RESOLUTION NO. 98-444 DATE: April 28, 1998 MUTINY CONDOMINIUMS, PHASE II PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended (the "Zoning Ordinance No. 11000"), the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit for the Mutiny Condominiums, Phase II Project (hereinafter referred to as the "PROJECT") to be located at approximately 2889 McFarlane Road, Miami, Florida; see legal description on "Exhibit A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory 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: Of- 781 FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a Planned Unit Development Project located at approximately 2889 McFarlane Road, Miami, Florida; ("PROJECT"). The PROJECT is located on approximately 3.607 gross acres and 2.564 net acres of land (more specifically described on "EXHIBIT A," incorporated herein by reference). The remainder of the PROJECT's vital data is attached hereto as "EXHIBIT C", and incorporated herein by reference, as amended by "EXHIBIT D", also attached and incorporated. The proposed PROJECT, as modified, will consist of a 211 residential unit apart/hotel with accessory function and retail/commercial space and, 671 parking spaces. The project will consist of a 22 story residential structure, with a minimum of 80' units available for transient rental use (hotel), and an attae d 4 including a _ 7 story parking garage structure, plus 2 underground levels of parking; it will also contain a recreation area consisting of the following amenities: swimming pool,. fitness center, spa, steam and sauna rooms, and jacuzzi with access to sun decks. The ownership, operation and maintenance of common areas and facilities will. be by the property owner or a mandatory property Page 2 of 11 u l 781 • • owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. The Major Use Special Permit Application for the PROJECT also encompasses, but is not exclusively limited to, the following lower ranking Special Permits: SPECIAL EXCEPTION as per Article 9, Section 906.7.3, of Zoning Ordinance No. 11000 for Bar/saloon and/or tavern; SPECIAL EXCEPTION as per Article 9, Section 917.1.2, of Zoning Ordinance No. 11000 for valet service to a hotel; CLASS II SPECIAL PERMIT as per Article 15, Section 1510, of Zoning Ordinance No. 3.1.000 for preservation of natural or archeological fixtures. Allowing the reduction of the require 65% of the uses allowed in section 602.4.1.1. to preserve the existing grave site; CLASS II SPECIAL PERMIT as per Article 9, Section 906.7.3, of Zoning Ordinance No. 11000 and Determination of Use not Specified No. 97-006, for a restaurant accessory to residential use with an excess of 100 dwelling units and/or with compliance with the intent and requirements of the "Primary Pedestrian Pathway" designation on the subject property's McFarlane Road frontage; CLASS II SPECIAL PERMIT as per Article 6, Section 617.3, of Zoning Ordinance No. 11000 for development within the SD -17 Zoning District; CLASS I SPECIAL PERMIT as per Article 9, Section 903.1 for development under the less intense district in a site, of Zoning Ordinance No. 11000 with two or more zoning district designations; Page 3 of it 01" 7si � � 1 CLASS I SPECIAL PERMIT as per Article 9, Section 906.9, of Zoning Ordinance No. 11000 for Pool/Spa and Outdoor recreational Area; Pursuant to Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits 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 Sackman2 Inc., dated February, 1998; the landscape plan shall be implemented in accordance with the plans on file prepared by the Witkin Design Group, dated March, 1998, as amended by Cohen, Freedman, Encinosa & Associates in May, 2000 and December, 2000 (as permitted), and further amended on 1.ans dated January 29,2001 and Fuster, Design and Associates dated December 2000 (as permitted and constructed); 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 Director of the Department of Planning and Zoning prior to the issuance of any building permits. Page 4 of 11 r1 O The PROJECT conforms to the requirements of the O, SD -17, SD -19 and SD -2 Zoning Districts, as contained in Zoning Ordinance No. 11000. The existing comprehensive plan future land use designation allows the proposed mix and intensity of commercial and residential uses. CONDITIONS MUTINY ON THE PARK, LTD., ("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. 2. Provide a list of agencies from which approvals and/or .permits must be obtained prior to initiation of development and the permit or approval required of each. 3. 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 and Zoning Department, prior to commencement of construction, demonstrating how the Police Department recommendations, if any, have been incorporated into the PROJECT security and Page 5 of 11 v .l — 781 81 4. 5. VA • 0 construction plans, or demonstrate to the Planning & Zoning Director why such recommendations are impractical. 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, egress, vehicular access and water supply. Prior to the issuance of a shell permit, provide a letter of assurance or obtain approval from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business. ,Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 as a guide that the APPLICANT must use its best efforts to follow. 01- Page 6 of 11 1,81 B. Prior to the issuance of a Certificate of Occupancy, record in the Public Records of Miami -Dade County, Florida, a 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. 9. Record a certified copy of the development order with the Clerk of the Miami -Dade County Circuit Court specifying that the Development Order runs with the land and is binding on the APPLICANT, its successors, and signs, jointly or severally. 10. Prior to the issuance of a Certificate of Occupancy, provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City's Law Department. 11. The APPLICANT shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Department of Public Works and the Department of Planning and Zoning. 12. The property shall be required to be replatted prior to the issuance of a building.permit. 13. Provide the Department of Planning and Zoning with a temporary parking plan which addresses construction employee Page 7 of 11 hj i i 0 parking and temporary parking arrangements for the existing building during the construction period; said plan shall be subject to the review and approval by the Department prior to the issuance of any building permits. 14. The APPLICANT shall retain the services of an archeological. consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultant shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports both to that office and the City of Miami Preservation Officer.. 15. Final approval of the landscaping proposal submitted by the APPLICANT shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address and accommodate any changes that may ensue from said hearings. 16. Final approval of the design component of this application including right-of-way improvements, fagade treatment, signage, lighting, etc., shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address and accommodate any changes that may ensue from said hearings. 17. Prior to the issuance of any building permit revisions to reduce the parking, and subject to review and 2proval by Page 8 of 11 01— 781 CJ • the City Attorney, the .APPLICANT shall record the proposed covenant, with the following modifications: a) The hotel operator (commercial use owner or its designee) shall provide the Planning and Zoning Department with annual status resorts detailing the number of units available for transient rental use throughout the year (broken down by units available monthly); b) Section 7 regarding "Amendment and Modification" shall be revised to require City Commission approval; and c) A new section entitled "Abandonment" shall be added to the covenant to _eg nerally read as follows: "The square footage, upon which the 40 parking spaces to be converted are located, may only be utilized for Administrative offices and accessory uses for the hotel; this area may at no time be used for additional hotel rooms or residential units. If at anytime, the transient rental, or "hotel" use is abandoned, the property owner shall notify the City of Miami within 60 days of such abandonment. At such time, the property owner shall be responsible for obtaining the necessary buildingpermits and converting the accessory transient rental, or hotel space back into the required parking for residential uses. Such conversion must be completed within 360 days of abandonment of the "transient rental use"; the Director of the Department of Planning and Zoning may extend the completion date one time, for no more than one (1) additional year, upon a showing_of goad faith efforts to comply. 18. The APPLICANT will make all reasonable efforts to make such provision for additional F.P.L. Vault Space, that might be necessary to accommodate future relocation of the existing Page 9 of 11�" ��1 overhead power lines located along McFarlane Road, by bringing them underground. THE CITY SHALL: 1. Subject to payment of all applicable fees due, establish the operative date of this Permit as being thirty (30) days from the date of its issuance with the issuance date constituting 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 1989-2000, 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 Zoning Ordinance No. 11000: (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 01- 781 Page 10 of 11 (S) 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. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page 11 of 11 01— 781 81 • (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 (S) 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. Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page 11 of 11 01— 781 81 "EXHIBIT A" LEGAL DESCRIPTION Commencing at a post marketing the Southwest end of the dividing line between lands of C.J. Peacock, sometimes called Charles Peacock and land designated as Lot 4 of MUNROE'S PLAT IN GOVERNMENT LOT NO. 1 of Section 21, Township 54 South, Range 41 East, as recorded in Deed Book D, page 253 of the Public records of Dade County, Florida; thence run in a Southeasterly direction 125 feet on the dividing line between the lands of Charles Peacock and said Lot No. 4; thence in a Northeasterly direction 250 feet more or less to the intersection of the line dividing the lands of Wm. D. Albury and said Lot No.4 as shown by said recorded Plat in Deed Book D, at page 253 Dade County Public Records; thence along said line of W. D. Albury property in a Northwesterly direction 125 feet; thence in a Southwesterly direction 250 feet more or less to the Point of Beginning; excepting therefrom a strip of land sold to the Housekeeper's Club of Coconut Grove, more particularly described, described as follows: Commencing at the Northeast corner of the whole Lot, as described above and running thence Northwesterly along the line of the Wm. D. Albury property 125 feet to the Northwest corner of said whole Lot; thence Southwesterly along the line of the C.J. Peacock property 60 feet; thence Southeasterly 125 feet and thence Northeasterly 60 feet to the place of beginning along the Northwest end of said whole Lot which includes the Northerly or. Northeasterly 60 feet of the above described tract, said 60 foot strip adjoining the said lands of W. D. Albury above referred to; also excepting that certain parcel of land more particularly described in that certain deed recorded in Deed Book 785, at Page 280, of the Public Records of Dade County, Florida and excepting that certain 7.5 feet of land deeded to the city of Miami for street purposes under Deed filed in Clerk's File Number Y-103230. Also excepting that certain parcel of land known as the BURIAL GROUND (D.9.785, PG.280) beginning at a galvanized pipe situated 5 ft. 10 in. In a southwesterly direction from the west corner from the Coconut Grove Library Association Building and on the boundary line between the library lot and that of the Community Club property fronting on McFarlane Road in the City of Coconut Grove. Thence Southwesterly along said boundary line to the center of McFarlane Road, Thence run twenty (20) feet along said McFarlane Road in a Northwesterly Direction thence in a northeasterly direction to the intersection of a line drawn northeasterly and at right angles with the said boundary line between the library association property and the community club property, which said line shall be drawn from a point on the boundary line distant fifteen (15) feet northeasterly from the paint of beginning. 01- Exhibit f9c" • OFF. 1826.1 PC 002 • NEC. PROJECT SUMMARY FOR THE MUTINY CONDOMINIUMS DECEMBER, 1997 REV. FEBRUARY 1998 .ollowing data summarizes the maximum development allowed at the Mutiny II ominiums, pursuant to 0 (Office District) Zoning Guidelines with. SD -19. SD -17,& SD -2 Lys. (O / SD -l9 Determined by City of Miami Planning Dept. as overriding overlay). A. DEVELOPMENT POTENTIAL 1. Street Frontage: South Bayshore Drive: 170:43' L.F. Mc Farlane Road: 215.00' L.F. 2. Net Lot Area (Phase 1 & Phase II): 111,230 S.F. (2.5535 acres) 3. Gross Lot Area (Phase I & Phase II): 154,370 S.F. (3.544 acres) 4. Base F.A.R. Permitted: 1.20 - 5. Additional F.A.R. f9r P.U.D. Bonus Permitted (20% Increase): .24 Additional F.A.R. for P.U.D. Bonus Provided (20% Increase): .24 6. Additional F.A.R. for Affordable Housing. Fund Perraitted (25% Increase): .300 Additional F.A.R. for Affordable Housing Fund Provided (25% Increase): .300 7. Total F.A.R. Permitted (iv/ bonuses): Total F.A.R. Provided (w/ bonuses): 1.740 1.740 8. Maximum Development Area Permitted (w/ bonuses): 334,403.80 S.F. with Parking Ordinance (188 Spaces x 350 s.f./Space = 65,800 s.f.) 9. Maximum Development Area Provided: Existing Mutiny Condominiums - Phase I: 141,373.00 S.F. Proposed Mutiny Condominiums - Phase 111: 198,476.00 S.F. Total 329,849.00 S.F. 10. Open Space Required (15% Gross Lot Area) (Ph I & Ph Il): 23,156-S.F. 11. Open Space Provided (15.2%) (Ph I& Ph R): 23,494 S.F. 12, Maximum Building Footprint Permitted (40%) (Ph I & Ph II): 61,748 S.F. z . SACKMAN 2 INC CREENEERC TRAURIC MUTINY ON THE SAY UD. THE MUTINY CONDOMINIUMS ndiit�ec na�r owner maw ur me" Po I8SIl 1826.11`0 1 Me The Mutiny Condominiums Project Summary Page 2 13. Building Footprint Provided (34. i%)'. Existing Mutiny Condominiums - Phase 1: 14,082 S.F. Proposed Mutiny Condominiums - Phase II: 38,578 S.F. Total - 52,660 S.F. 14. Required Set Backs by pity of Kami: Rgquired PEovided * Front (South Bayshore Drive): 20'-0" 20'-0" * Side Street (McFarlane Road): 15'-0" 15'-0" * Side 10'-0" 10'-0" min. * Side 10'-0" 10'-0" min. Max. Allowed Lrodded " Building Height 220'-0"(w/Class I Approval) 218'-1"** (22 Stories) (21 Stories) ** (from South Bayshore Drive Crown of Road) B. BUILDING AREA COMPUTATIONS 1. *Total Gross Area (Excluding Balconies) 361,682.60 S.F. Existing Mutiny Condominiums - Phase I: 159,638.60 S.F. Proposed Mutely Condominiums - Phase U: 202,044.00 S.F. 2. Total Gross Area (Including Balconies) 409,958.60 S.F. Existing Mutiny Condominiums - Phase I: 175,019.60 S.F. Proposed Mutiny Condominiums - Phase A: 234,939.00 S.F. 3. **TotafNet Residential Area (Excluding Balconies) 329,849.00 S.F. Existing Mutiny Condominiums - Phase I: 141,373.00 S.F. Proposed Mutiny Condominiums - Phase 11: 188,476.00 S.F. SACKNIAN 2 INC 01JUNBEJIG TKAVIW -a - MV"NY ON THE BAY IID. THE MUTINY CONDOMINIUMS "mommawwi c� 1— • • AEC. 18261 PG I UIJ The Mutiny Condominiums Project Summary Page 3 Poes Not Include The Following: Circulation 40,062 S.F. Existing Mutiny Condominiums - Phase 1: 21,202 S.F. Proposed Mutiny Condominiums - Phase Ii: 18,860 S.F. Support Services 9,859 S.F. Existing Mutiny Condominiums - Phase I: 3,950 S.F. Proposed Mutiny Condominiums - Phase II: r 5,909 S.F. . Balconies 48,276 S.F. . Existing Mutiny Condominiums - Phase I: 15,381 S.F. Proposed Mutiny Condominiums - Phase I1: 32,895 S.F. Lobby 2,505 S.F. Existing Mutiny Condominiums - Phase 1 1,344 S.F. Proposed Mutiny Condominiums - Phase 11: 1,161 S.F. Fitness Center Existing ML-ny Condominiums - Phase 1: Proposed Mutiny Condominiums - Phase H: Business.Center I Cafe Existing Mutiny Condominiums - Phase I: Proposed Mutiny Condominiums - Phase U: SACKMhN 2 INC C ILENSERC TR.AUI IC MUTINY oN THE SAY LTD. . rd+Re+ •etow� uw.�1 4,367 S.F. 880 S.F. ` 3,487 S.F. 41388 S.F. 2,020 S.F. 2,368 S.F. 01— 781 THE MUTINY CONDOMJNIUMS ala► w �e� r� F .Q p, • • 0 1O1F1-8261 16 tws The Mutiny Condominiums Project Summary Page 4 4. Total Number of Residential Units: 383 5. Apartment BreakdQ-jYn: Parking Spaces Required: (01%) 3 Bedrooms 4 Units z 2= 8 Spaces Existing Mutiny Condominiums - Phase I: 2 Units x 2 - 4 Spaces Proposed Mutiny Condominiums - Phase 11: 2 Units x 2 = 4 Spaces (19%) 2 Bedrooms 65 Units % 2 - 130 Spaces Existing Mutiny Condominiums - Phase I: 40 Units x 2 = 80 Spaces Proposed. Mutiny Condominiums - Phase II: 25 Units x 2 = 54 Spaces (61%) 1 Bedrooms 255 Units z 1 - 255 Spaces Existing Mutiny Condominiums - Phase L 130 Units x 1 --130 Spaces Proposed Miitiny Condominiums - Phase II: 125 Units x 1 = 125 Spaces (19%) Studios 72 Units x I = 72 Spaces Existing Mutiny Condominiums - Phase 1: 0 Units x 1 = 0 Spaces Proposed Mutiny Condominiums - Phase II: 72 Units x 1 = 72 Spaces Totals: 396 Units 465 Spaces Note: Developer commitment to linnit the density to 211 Units for Phake H through the creation of combination units 6. Total S.F. of Commercial (Phase 1 & Phase U) 6,692S T. Total S.F. of Business Center (Phase 1 & Phase II) 3,467 S.F. 7. Total Gross S.F. for Parking Garage (9 Floors) 344,554 S.F. 8. Total Number of Pa°king Spaces Required: 693 Parking Spaces Existing Mutiny Condominiums - Phase I: 232 Spaces Proposed Mutiny Condominiums - Phase II: 273 Spaces Parking F.A.R. Bonus: l88 Spaces 9. Total Number of Parking Spaces Provided: 705 Parking Spaces 10. Excess Parking: 12 Parking Spaces SiCKMAN 2 INC GKH. lBUC Ukul11c MUTINY ON THE MY LTD. THE MUMMY CONDOMNNNUMS udkw nn nr� w.�• -W we wow MMS+ 1W 781 , IF71826 PG Iflw AEC. The Mutiny Condominiums Project Summary Page 5 The Mutiny II Condominiums consists of 21 Stories, 12 typical resideptial floors (9"' thru 20"'), consisting of 18 units per floor. The 8'6 floor, which is the Recreational Deck, consists of a Fitness Center, Business Center, offices, the Pool -and its surrounding amenities. The 21" Floor, the Penthouse Level, consists of 8 units. There are 9 levels of parking, 2 of these levels are underground parking. The Ground Level contains the Lobby' and Commercial Spaces. • Calculated from the exterior face of all exterior walls, includes mechanical, custodial. stain, shahs and elevator hoist ways. ' • Calculated from the exterior face of exterior walls and to center line of common waus. SACK#" i INC CRUNUAG TRAUIUG MUnNY ON 1NE SAY LM, rdwo ��f' o.hr THE MUTINY CONDOMINIUMS 01- 78' jp C tt'ppp • • REC. 1 S26 i { U, oo� 'TATE OF FLORIDA ) .:OUNTY OF DARE CITY OF MIAMI ) I, WALTER I FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 23, inclusive, constitute a true and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 28th day of April ,1998. SAID RE'SOL UTION WAS DESIGNATED AS RESOL UTION NO. 98-444. IN WITNESS WHEREOF, I hereunto set my hand and impress the official seal. of the City of Miami, Florida this 12th day of August, 1998. Oi 781 WALTER I FOEMAN City Clerk Miami, Florida By. eputy Clerk t', �.R�C4iC80xv (OFC HAAVLryvEAli/jp Oi 781 0 EXHISI`T D MZT"Ir ITl,**TY 1PAIt- K NE`V'V" CONDOMINIUM COCONUT GROVE, FLORIDA SITE DATA ZONW31 '0' a•/0-10, SD -17 M AD -2 OYZRLAYS (0 / SD -11? Determined b/ City of Ln --1 Plasaig Dept. as overriding averial) 1 jhl-A" Not Lat Area011 a phase 0) .................................. 111,230 NJ. (2.5m carr) an" Lot Ana(Phar L Y Phae,e, 11) •...•.. 154,570 eJ. (3.541 acres) 2. rl4u AM Allonw. Saes FAR Pormitted: 1.20 AddlUooal FAX for P.0.P. tonus Permitted (20; increase) 0.24 Addlu0nal PAA for P,U-D. Bonus Provlded (2011 Wareaso) 0.24 AddlUanal PAR. for Affordable Housing Fund Permitted (259 iconase) 0.30D Additional r.A.R. for Affordable Houslrg Fund Provided (25% laareaea) 0.300 A441Uona1 PAA. tonus for Pubno Parking Ordluanoe(t60aarwa330 egJL/car) 56,600 e,.1. rata] FAR Permitted (w/ bon"")t 1.740 Total PAR Provided (v/ beous4a)i 1.740 madmum Davelopmamt Area Permltlad (w/ bonuses): 534,403.00 NJ. 3. BOOR AREA DMICATIM (Phase 1 t Phase ll): "Ung muUn, Coadomndum - ph e@ 1: 141,573.00 el. Naw mutiny Park Condominium -• Ptuw It: 160,470.00 NJ. 'Total: 5:0.040.00 el. 4. OPEN SPACE REQUIRED (Phase 1 k Phase H): Open space Required (16X Gross Lot Area): 23,158.00 e.f. 6. OPEN SPACE PROVIDED(Phass 1 k Phase 11): Open Space Provided (15.2X Gross Lot Area): 23,404,00 s.f. 8. MAK. BUILDING FOOTPRINT PEIt1GY'I'!:D (P2tae@ I nit Phase H): Ynz. 11"ding Footprint Porutlttad (40X): 81,740.00 e.1. 7. BUILDING FOOTPRINT PROVIDED (Phase 1 k Phase 0): Existing Mutiny Condominium - Phase 1: 14,002,00 6.1, New Mutiny Park Condominium - Phase D: 35,670.00 s.t. Total: 62,660.00 0.1. (34,11:) 10, LR91'_DENSr1Y (PHASI; 1 k PH= P); 2 Speces/4 bdnn. unit (2) Itrietlng Mutiny Condominlulo(Pbue 1): 170 Umlts New Muday Park Condomldul6(Phsw n): 2 Spaces/2 bdrin. unit (40) Weal rigors Kh - lab (Il !loon) I Spaces/1 bdrm. unit (ID5) Studios 44 Unite lbr/!baths 04 Ualto 2br/7bathe 43 Unite 3br/3bathe 0 Udle Upper floor (20th) E3datklg Mutiny CondominluLA(Pha@@ 1): sludlos 4 Units lbr/Ibatba 9 Unita 2br/2batbe 1 Unita Sbr/Jbethe 1 Udl {br/4baths 1 unit Penthouse, Floor (21st) 10' lbr/lboths 2 Unita 2br/gbatko 5 Units 4br/3baths l Unit 2i1 Udo 11. PARKING REQUDiED: PARKING REQUWXMEN73 (COMMERCIAL) Ground Floor Retail: 0 spaces PARKING REQUIREMENTS (CONDOMAIUM PHASE H): 2 Speces/4 bdnn. unit (2) 4 Space@ 2 Space*/3 bdrm.lunit, (7) 14 spaces 2 Spaces/2 bdrin. unit (40) SO 'Spaces I Spaces/1 bdrm. unit (ID5) 105 space: 1 Space■/Studio unit (48) 46 Spaces Guest Parkinj 22 Spaces Total Parking Required: got spaces GARAGE PARKING; - E3datklg Mutiny CondominluLA(Pha@@ 1): 232 spans New mutiny Park Condominluin(Phsee 11): 291 Spaces Commercial Component: 0 spicas Parking F.A.R. Bonus: 1811 Spaces Total Parking Required: 711 spaces PARKING REDUCTION BY APPROVED COVENANT: TOTAL REQUIRED: -40 space* 671 Spaces ;01 M� fiCOHEN • FREEDMAN' ENCINOSA & ASSOC. O I no NO PAJUM IR 00001417 (IFOM P MICAMchitects PA as occom - ibtl N.w, Ll" Barow KYed Lek" >tilY Mm mew"" 12. PARKING MICATED; 11. SUIMACK REQ2DtE1ffM, City of Miami MCIDUng surface (PRASE 1) 21 Care (4 1A(D1CAPPim SPACES Building Setbacks: Required: Prodded: PROVIDED,) Front (S. Boy@hore Drive): 20' 20' Parktux &arms (PHASE n) sldi Strut (McFarlane Road): 16' 16' 10' 10' mla. levet B2100 oars + {t + 2 H.C.side: ............................. Side: 10' 10' W., Lvel 8l .........................,.., 72 cera + 6t + 2 H.C. Level one ............................. 0 care + 2t + 7 H.C. Leval Two ............................. so care + It level Three ......................... Bi oatw + it .: Level your •.......................... Sl care + it 0. D[n]J)ING 11E3OH1`: Yrovfded: Ieee,l Five ................. ........ al can + It ..., Building Haight: 827 FT. (trOm Crown of road at Bayehoro Drive) Level Six ..,.,.,.,I ................. 6l tare + It Laval Seven ......................... 48 can + It Number of Stories; 22 631 can + 17t +11 HANDICAPPED. Total Cars .................... 650 can PH. D+ 21 can pit I- 680 care total. 13_ HANDICAPPED SPACES RERUUIRM: 060 can ( Pit, i k pH. H ) x 2X - 13,6 oars required Ji _HANDICAPPED SPACES PROVIDED: 16 care ( PH. 1 4 can It PH. 11 Al oars) U-1- 781 ;01 M� fiCOHEN • FREEDMAN' ENCINOSA & ASSOC. O I no NO PAJUM IR 00001417 (IFOM P MICAMchitects PA as occom - ibtl N.w, Ll" Barow KYed Lek" >tilY Mm mew"" PLANNING FACT SHEET APPLICANT Adrienne Pardo, Esquire, on behalf of Mutiny on the Park, Ltd. HEARING DATE May 16, 2001 REQUESTILOCATION Substantial modification to the approved Major Use Special Permit for Mutiny on the Park (Mutiny Condominium Phase II) Project located at 2889 McFarlane Road LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office. PETITION Consideration of approving a substantial modification to an approved Major Use Special Permit for the Mutiny Condominium Phase 11 Project, located at approximately 2869 McFarlane Road, in order to approve a series of modifications, including a height variance, a modification to the development program to convert residential units to hotel use, to add hotel administration offices, and thereby modify parking requirements and overall counts, and to accept a covenant related to the modifications. PLANNING RECOMMENDATION Approval with conditions, BACKGROUND AND See attached. ANALYSIS PLANNING ADVISORY BOARD Approval with conditions VOTE: 8-0 CITY COMMISSION N/A APPLICATION NUMBER 01-007 Item 03 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT ! 444 SW 2"O AVENUE, 3"" FLOOR a MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 i i/11%2001 � Page 1 01- 781 Analysis for Substantial Modification to a Major Use Special Permit for the MUTINY ON THE PARK (MUTINY CONDOMINIUM PHASE II) PROJECT located at 2889 McFarlane Road CASE NO. 2001-007 Pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed to allow a Substantial Modification to the approved Major Use Special Permit for the Mutiny on the Park (Mutiny Condominium Phase 1I) Project, as approved by Resolution 98-444. The substantial modification to the approved Major Use Special Permit for the Mutiny II Project, located at approximately 2889 McFarlane Road, is in order to approve a series of modifications, including a height variance, a modification to the development program to convert residential units to hotel use (approved as apartment/hotel), to add hotel administration offices, and thereby modify parking requirements and overall counts, and to accept a covenant related to the modifications. This request includes the detailed modifications described in the attached letters from Adrienne Pardo, Esq., on behalf of Mutiny on the Park, Ltd., dated February 7, 2001 and March 7, 2001, and the memorandums from Juan Gonzalez, Zoning Administrator, dated March 1, 2001 and March 9, 2001. In determining the appropriateness of the proposed modifications to the project, the Planning and Zoning Department has made the following findings: • It is found that the proposed modifications will allow for a more truly mixed hotel and residential use in the Mutiny on the Park project, which will benefit the Coconut Grove area by providing new hotel uses in the Center Grove for the enjoyment of visitors to the area. • It is found that the requested height variance is justified by the hardship specified in the attached analysis prepared by the Planning and Zoning Department for the Zoning Board hearing. The Zoning Board recommended said variance for approval. • It is found that a review of the proposed covenant with the Law Department revealed several issues that need to be addressed prior to building permits being issued for the hotel administrative offices. The covenant needs to be modified as specified in the conditions herein. 01 's, 0 • It is found that the Planning and Zoning Department is in concurrence with these comments and will require compliance with the above referenced conditions prior to the issuance of any revised building permits for the proposed work. • It is found that the proposed modifications; upon compliance with the conditions specified herein, meets all the same requirements as the original Major Use Special Permit. It is found that with respect to all additional criteria as specified in Section 1305 of Zoning Ordinance 11000, the proposal has been reviewed and found to be adequate. Based on these findings, the Planning and Zoning Department is recommending approval of the requested modification with the following conditions: 1. Prior to the issuance of any building permits for revisions, and subject to review and approval by the City Attorney, the applicant shall record the proposed covenant, with the following modifications: a) The hotel operator shall provide the Planning and Zoning Department with annual status reports detailing the number of units available for hotel use throughout the year (broken down by units available monthly); b) Section 7 regarding "Amendment and Modification" shall be revised to require City Commission approval; and c) A new section entitled "Abandonment" shall be added to the covenant to generally read as follows: "The square footage, upon which the 40 parking spaces to be converted are located, may only be utilized for Administrative offices and accessory uses for the hotel; this are may at no time be used for additional hotel rooms or residential units. If at any time, the "hotel" use is abandoned, the property owner shall notify the City of Miami 60 days prior to such abandonment. At such time, the property owner shall be responsible for obtaining the necessary building permits and converting the accessory hotel space back into the required parking for residential uses. Such conversion must be completed within 180 days of abandonment of the "hotel" use." 2. This approval shall also be subject to all remaining conditions as specified in the approved Development Order pursuant to Resolution 98444. 01� 781 • RESOLUTION PAB -41-01 A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS AS SPECIFIED BY STAFF, OF A CONSIDERATION OF A SUBSTANTIAL MODIFICATION TO AN APPROVED MAJOR USE SPECIAL PERMIT FOR THE MUTINY CONDOMINIUM PHASE II PROJECT, LOCATED AT APPROXIMATELY 2889 MCFARLANE ROAD, IN ORDER TO APPROVE A SERIES OF MODIFICATIONS, INCLUDING A HEIGHT VARIANCE, A MODIFICATION TO THE DEVELOPMENT PROGRAM TO CONVERT RESIDENTIAL UNITS TO HOTEL USE, TO ADD HOTEL ADMINISTRATION OFFICES AND THEREBY, MODIFY PARKING REQUIREMENTS AND OVERALL COUNTS, AND TO ACCEPT A COVENANT RELATED TO THE MODIFICATIONS, SUBJECT TO THE FOLLOWING ADDITIONAL, CONDITIONS: 1) THAT THE CITY OF MIAMI PLANNING AND ZONING DEPARTMENT'S NUMBERS COINCIDE WITH THE APPLICANT'S, 2) THE APPLICANT SHALL CORRECT PARKING VIOLATIONS WITHIN 30 DAYS AND, 3) COVENANT SHALL BE MODIFIED TO ALLOW CONVERSION BACK TO PARKING TO BE COMPLETED WITHIN 12 MONTHS (MAY BE EXTENDED BY THE DIRECTOR OF PLANNING AND ZONING). HEARING DATE: May 16, 2001 ITEM NO. 3 VOTE: 8-0 ATTEST: An abe (-Iffiche2VDirector Planning ancTZoning Department 01- '181 ANALYSIS FOR VARIANCES Approx. 2889-2903 McFarlane Road Case No. 2001-0436. Pursuant to Article 6, Sections 617.2.4 of Ordinance 11000, as amended, The Zoning Ordinance of the City of Miami, Florida, the subject proposal has been reviewed for Variance as follows: Variance for building height: Required - 220.0' Proposed - 237.11' The following findings have been made: • It is found that this variance is part of a substantial modification to a Major Use Special Permit for the "Mutiny Park Condominium Project" under original Resolution No.98-444. • It is found that the subject property was originally approved with a total height of 218%1 "based on the Crown of Road from South Bayshore Drive; however the front of the structure is to Mc Farlane Road, which has a lower Crown of Road elevation. In addition as part of the substantial modification the applicant requested an additional story for mechanical equipment allowed by zoning under a Class I Special Permit ap- proval therefore the additional 17.1 V constitutes a hardship (see attached). The hard- ship is further justified due to the unique situation this property has consisting of four (4) different zoning classifications on one property. • It is found that a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of the rights commonly enjoyed by other properties within the same zoning districts. • It is found that the grant of this variance is in harmony with the general intent and purpose of the Zoning Ordinance and is not iriiurious to the neighborhood. Based on this findings, the Planning and Zoning Department is recommending approval of the application as presented. 01- 781 4183 234.01 2001 JUN 18 10:45 Miami Zoning Board Resolution: ZB 2001-0433 Monday, April 23, 2001 Mr. Charles J. Flowers offered the following Resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 OF ORDINANCE 11000, THE ZONING BOARD GRANTED THE VARIANCE AS PART OF A SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT FOR THE MUTINY ON THE PARK FROM ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 6, SECTION 617.2.4, SPECIAL HEIGHT LIMITS, REQUIRED HEIGHT OF AS BUILT STRUCTURE, TO ALLOW A BUILDING HEIGHT OF 237.11'(220'0" REQUIRED) FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2889-2903 MCFARLANE ROAD, LEGALLY DESCRIBED AS EXHIBIT "1" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED O OFFICE, SDA7 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, SDA9 DESIGNATED F.A.R. OVERLAY DISTRICT (1.2 F.A.R.) AND SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. THIS VARIANCE WAS GRANTED WITH A TIME LIMITATION OF TWENTY FOUR MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITION: THE APPLICANT SHALL MAKE ALL EFFORTS TO MAKE PROVISIONS FO ADDITIONAL FPL VAULT SPACE THAT MAY BE NECESSARY TO ACCOMODATE F RELOCATION OF EXISTING OVERHEAD POWERLINES LOCATED ALONG MCF R BY BRINGING THEM UNDERGROUND. ? „.,,,,...s+'? � .... O � W rirr Upon being seconded by Mr. Georges. Williams, the motion was passed and adopted by the following vote:,�af Mr. Rodotfo De La Guardia Away Mr. Charles J. Flowers Yes c f Y Mr. Joseph H. Ganguzza Yes Ms. Ileana Hernandez -Acosta Yes L N Mr. Humberto J. Pellon Yes r Mr. Juvenal Plna Yes d Mr. Allan Shulman Yes o - Mr. Angel Urqufola GYes U o b Mr. Georges Williams Yes ` ~ AYE: 8 o y 4 c c NAY: 0 it c ABSTENTIONS: 0 i e' NO VOTES: 0 tw-u', w ABSENTS: Ms. Fernandez: Motion carries 8-0 _ l Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2001-0436 Item Nbr: Is ©i- 781 `l� Miami Zoning Board Resolution: ZB 2001-0433 Monday, April 23, 2001 STATE OF FLORIDA } ) SS: COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Teresita L. Fernandez, Clerk of the Zoning Board of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution for a Variance request. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF M►''0, 2001. t VC1eys.so 00 S -ti 110 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 -a�_Al-m wv G Notary Public State of Florida My Commission Expires: * *WCW0 WMCC8S31a1 E*" J* It. 2003 4 ` -J `i`A Case No.: 2001-0436 Item Nbr: 5 01— 781 Exhibit 1 _ LEGAL DESCRIPTION: PARCEL 1: Commencing at a post marking the southwest end of the dividing rime between lands of C. J. Peacock. sometimes colied Charles Peacock and land designated as Lot 4 of MUNROE'S PIAT IN GOVERNMENT LOT NO. 1 of section 21, Township 54 South. Range 41 East. as recorded in Deed Book D. Page 253 of the Public Records of Mtami—Dods County, norido; thence run in a southeasteriy direction 125 feet on the dividing tine between the lands of Charles Peacock end said Lot No. 4; thence In a northeasterly direction 250 feet more or leas to the intersection of the line dividing the Iands of W. D. Albury and said Lot No. 4, as shown by said recorded Plot in Deed Book D. at Page 253. Dade County Public Records; thence along said line of W. D. Albury property in a Northwesterly direction 125 feet; thence in a southwesterly direction 250 feet more or less to the Point of Beginning.. Less end Excepting therefrom the following described parcel: A strip of land sold to the housekeepers Club of Coconut Grove, Trans particularly describedas; Commencing at the northeast comer of the whole Lot, as described above and running thence northwesterly along the line of the W. D. Albury property 125 feet to the Northwest Corner of said whole Lot; thence southwesterly along the line of.the C. J. Peacock property 60 feet; thence southeasterly 125 feet and thence northeasterly 60 feet to the place of beginning. Subject to leaving open a strip five feet wide for on alley way, along the northwest and of said whole Lot which includes the northerly or northeasterly 60 feet of the above described tract, which 60 foot strip is more particularly described as follows:Soid 60 foot strip adjoining the sold lands of W. D. Albury above referred to; also excepting that certain parcel of land which is the burial plot of Mrs. R. M. Monroe, more porticulady described in thot certain deed recorded in Deed Book 785 at Page 284. of the Public Records of Dade County, Florida. And Less and Excepting that certain 7.5 feet of land deeded to the City of Miami for street purposes under Deed filed in Clerk's File Number Y-103230. And less and Excepting that parcel known as (Burial Ground D.B. 785. PG. 28D) described as Beginning at a galvanised pipe situated 5 Fr. 10 IN. in a southwesterly direction from the west comer from the Coconut Grove Library Association building and on the boundary tine between the library lot and that of the community club property fronting On McFarlane Road In the City of Coconut Grove; thence southwesterly along said boundary line to the center of McFarlane Road• thence run twenty (20) feet along said McFariane Rood in o northwesterly direction; thence in o northeasterly direction to the intersection of a line drawn northwesterly and at right angles with the said boundary lime between the library association property and the community club property, which said line shall be drawn from a point on the boundary line distant fifteen (15) feet northeasterly from the Point of Beginning. AND TOGETHER WITH: ' PARCEL 2: All of Tract 'A' of SAILBOAT BAY SUBDIVISION AMENDED according to the plot thereof, as recorded In Plat Book 96 at Page 85 of the Public Records of Miami—Dodo County, Florida, Less and Except the following described lands: Begin at the most easterly comer of said Tract A'; thence N 42'59'35 W along the northeasterly lire of said Tract 'A' for 308.73 feet; thence S 46'57'38' W for 170.30 feet; thence S 4702*22' E along the southwesterly line of said Tract 'A' for 320.05 feet to the northwesterly right—of—way line of South Bay Shore Drive as shown an sold plat of SAILBOAT BAY SUBDIVISION AMENDED; thence N 43'10'44' E along said northwesterly right—of—woy line for 170.40 feet to the Point of B"irrrring. THE ABOVE TWO PARCELS COMBINED ARE ONE AND THE SAME AS FOLLOWING: LEGAL DESCRIPTION: A portion of Tract A', SAILBOAT BAY SUBDIVISION AMENDED, according to the Plat thereof, as recorded in Plot Book 96 of Page 85, AND a portion of Church Lot as shown on MUNROE'S SUBDMSiON OF LOT 4, according to the Plat thereof, as recorded In Plat Book A at Page 51. both of the Public Records of Miomi—Dade County. Florida. lying in Section 21, Township 84 South. Ron" 41 East, City of Miami, t.9omi—Dods County. Florida. being more Particularly described as fol lows: BEGIN at the most westerly comer of said Tract 'A', the following six (6) courses being along the exterior fine of said Tract 'A'; (1) thence N46'57'38'E for 241.50 feet; (2) thence N43'02'22W for 12.50 feet; (3) thence Nota 57'38'E for. 66.00 feet; (4) thence N43'02'22W for 16.76 feet; (5) thence N4657'39 E for 44.41 feet; (6) thence S42'39'35'E for 129.26 feet: thence 54657'38'W for 170.30 feet; thence S43'02'22E along the southwesterly line of said Tract 'A' for 115.00 feet; thence 546'57' the southeastery line of said Church Lot as shown an MUNROE'S SUBDIVISION OF LOT 4 a distant* of 166.00 f ,�tSiMlfiY 2'22'00 along the northeasterly line of the burial site per O.R. Book 795 page 280 for 20.00 lest; thence S46'57' along the northwesterly time of said burial site; thence N43'02'22 W along the northerly right—of—way Rne of M s n ng the southeasterly projection of the southwesterly line of sold Trost 'A' and said southwesterly line of said T A' �, 5.00 f to the POINT OF BEGINNING. l•. , ''`.//vim 0 Lourdes Slazyk, Assistant Director J ing and Zoning Department C. Gonzalez, g Zoning Admin'ing and Zoning t 0 INTER -OFFICE MEMORANDUM - March 9, 2001 = - Determination of Non -substantial change In an approved MUSP Mutiny on the Park 2889 McFarlane Road - Resolution 98-444 Pursuant to a request from Adrienne Pardo of the law firm of Greenberg Traurig, representing the owners of Mutiny on the Park, concerning a determination of a non - substantial change from the approved MUSP, please be advised of the following. On April 28, 1998, the City of Miami Commission passed and adopted Resolution 98- 444 approving a Major Use Special Permit (MUSP) for Mutiny on the Park. The applicants are proposing a change to the MUSP as identified on the attached Summary of Modifications. The majority of the changes only effect the interior of the structure. The exterior changes proposed are non -substantial as listed in the Summary of Modifications. However, there are two areas of concern and in my opinion which do create a substantial change which consists of reducing forty (40) parking spaces due to an addition of an office for the management company which will be located in the parking garage and a height variance of 17' feet (a total height of 237' ft). The proposed solution to the forty (40) parking spaces shortfall is a Covenant that stipulates that the Project will have not less than eighty (80) of the residential units on the property available for transient rental purposes which would allow the residential units to be considered a lodging unit reducing the amount of parking required by code. The variance which consists of a 17' feet from the maximum allowed height of 220' feet from the crown of the road of South Bayshore Drive is that the top floor was originally showing as mechanical area and now is a habitable space and to an error in permitting of which McFarlane Road was used for the measurement of the crown of the road. The problem with the proposal for parking is that the City is burdened with the enforcement of the proposed Covenant as to the parking and room rental count at any given time. 01- 781 Lourdes Slazyk . March 9, 2001 Page 2 of 2 Section 2215,1 regulates whether changes to a Major Use Special Permit are non -substantial. The criteria referenced are: A) The requested change exceeds the zoning regulations; B) The footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction, C) The height of -the building or any portion thereof is proposed to be increased by more than (5) feet or five (5) percent of the height of the building; whichever is greater, in a vertical direction; D) Any other change which, in the evaluation of the zoning administrator, has not been part of the prior application, has not been reviewed and evaluated by staff, and has a serious effect on the project proposed by the application. Therefore, after review of the proposed changes, it is my opinion that the change in parking and height variance does constitute a substantial change as defined and regulated under Section 2215.1 of Zoning Ordinance 11000 as amended. JCG: tc Ce: Ana Gelabert-Sanchez, Director Planning and Zoning Department Zoning file 01" 7SI Lucia A. Dougherty (305) $79-0603 E -Mail: doughertyl@gdaw.com HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 331.30 MIUM • A T T O R X C Y 5 A T L A W lflflUfllG March 7, 2001 Re: 2903 McFarlane Road, Miami, Florida aka 2889 McFarlane Road, Miami, Florida: Amendments to MUSP Resolution No, 98-444 Dear Ana: On behalf of the owners of the above -referenced property, Mutiny on the Park, Ltd., we are requesting two amendments to MUSP Resolution No. 98444. The first amendment is a request which would legalize the existing building to a height of 237 feet measured from the crown of the road on Bayshore Drive. This is a 17 foot variance. However, in actuality the structure is only 5 feet higher than that which was legally submitted to and approved in the major MUSP special permit application. The reason for this is that the top floor was originally shown as mechanical and now is a habitable space. Visually, however, from Bayshore, the building looks identical except that it is 5 feet higher. This request results from an honest mistake made by both the construction architect, as well as the City of Miami when the construction drawings were prepared and permitted. The architect for the construction drawings was different from that which was the design architect in the MUSP special permit. The construction architect was unaware that the requirement was to measure building from the crown of the road of Bayshore and he measured the building from the crown of the road of McFarlane and in the building permit set of plans noted that the building was measured 222 feet from McFarlane and those set of plans were signed off by all of the departments including the zoning department and a building permit was secured based on those set of plans. These plans submitted contained an honest error which nobody noticed and in fact it is the property owner which has now brought this issue to the City's attention. Notwithstanding the above, we believe that the variance that is being requested is justified because on the hardship created by reason of the fact that the City required ground level retail in this residential building as well as a 3 foot transfer beam which was required by the City after the building permit set of plans were approved because of the engineering calculation provided by the engineering firm which was disciplined in connection with the Dadeland Center property. CREENRERC TRAt;RIG, P.A. 1221 DRICKRLI. AVEXL'E MIAMI, FLORIDA 39131 305.579-0500 F,tx 305-579-0717 www.gtliiw.com MIAMI NFW YURh WASIIINGTON, D.C. ATLANTA PHILADELI-111A TYsrms CUR\ER CHICAGO BOSTON PHOENIX WILMINCTON LOS knCLES DENVEH SAU PAULO FORT LAUDERDALE BUL•A RATON WEST PALM BEACH ORLANDO TALLAHASSEj, 1 1661 8 rV, � 0 • March 7, 2001 Page 2 The second proposed amendment request is a result of the addition of an office for the listed hotel management company. The office will be located in the parking garage, thus requiring the reduction of forty (40) parking spaces. However, the owner has agreed to always maintain a minimum of eighty hotel units in the hotel pool, thus meeting the zoning requirements. A proposed Covenant has been submitted to the City to address the parking issue. In the event there is insufficient parking, the Mutiny commercial parking garage can be utilized. For your review, we have enclosed a copy of MUSP Resolution No. 98-444. Thank you very much for your attention to this matter and please call me at (305) 579-0603 if you have any questions. cc: Mr. Ricardo Dunin Mr, Carlos Bueno Vieira Ms. Lourdes Slazyk Mr. Juan Gonzalez Adrienne F. Pardo. Esq Gloria M. Velazquez, Esq MIAMUVELAZQUEZG/1212765/pax01 !.DOC/3/07/01 Very trul ours, Cu�Dgherty A GREENRERG TRAURIG 01- 781 INTER -OFFICE MENIORANDUNI Lourdes Siazyk, March 1, 2001 Assistant Director ing and Zoning Department Determination of Non -substantial change In an approved MUSP __ _ Mutiny on the Park uan C. Gonzalez, - ` - 2889 McFarlane Road Acting Zoning Administr or _ , Resolution 98-444 Planning and Zoning Dep e 0 Pursuant to a request from Adrienne Pardo of the law firm of Greenberg Traurig, representing the owners of Mutiny on the Park, concerning a determination of a non - substantial change from the approved MUSP, please be advised of the following. On April 28, 1998, the City of Miami Commission passed and adopted Resolution 98- 444 approving a Major Use Special Permit (MUSP) for Mutiny on the Park. The applicants are proposing a change to the MUSP as identified on the attached Summary of Modifications. The majority of the changes only effect the interior of the structure. The exterior changes proposed are non -substantial as listed in the Summary of Modifications. However, there is one area of concern and in my opinion does create a substantial change which consists of reducing forty (40) parking spaces due to an addition of an office for the management company which will be located in the parking garage. The proposed solution to the forty (40) parking spaces shortfall is a Covenant that stipulates that the Project will have not less than eighty (80) of the residential units on the property available for transient rental purposes which would allow the residential units to be considered a lodging unit reducing the amount of parking required by code. The problem with this proposal is that the City is burdened with the enforcement of the proposed Covenant as to the parking and room rental count at any given time. 01~ 781 'Lourdes Slazyk . • March 1, 2001 Page 2 of 2 Section 2215.1 regulates whether changes to a Major Use Special Permit are non -substantial. The criteria referenced are: . A) The requested change exceeds the zoning regulations; B) The footprint of the building is proposed to be moved by more than ten (10) feet in any horizontal direction. G) The height of -the building or any portion thereof is proposed to be increased by more than (5) feet or five (5) percent of the height of the building; whichever is greater, in a vertical direction; D) Any other change which, in the evaluation of the zoning administrator, has not been part of the prior application, has not been reviewed and evaluated by staff, and has a serious effect on the project proposed by the application. Therefore, after review of the proposed changes, it is my opinion that the change in parking does constitute a substantial change as defined and regulated under Section 2215.1 of Zoning Ordinance 11000 as amended. JCG: tc Cc: Ana Gelabert-Sanchez, Director Planning and Zoning Department Zoning file 01- 781 • 6fi�EN8ffl6 • A T T O 0 N E V S A T L A W 1flflUflIG Adrienne Fresner Pardo (305) 579.0883 Dlrw Fax: (305) 981-5683 E -Mail: pardomagilaw.com February 7, 2001 HAND DELIVERY Ms. Ana Gelabert-Sanchez Director, City of Miami Planning Department 444 S.W. 2nd Avenue Third Floor Miami, FL 33130 Re: Mutiny on the Park, Ltd- 2889 McFarlane Road - MUSP Resolution No. 98-444 Dear Ana: On behalf of the owner of the above referenced property, Mutiny on the Park, Ltd., we are requesting an amendment from the City that the changes identified on the attached Summary of Modifications are nonsubstantial changes to the approved Major Use Special Permit Resolution No. 98444, as amended. The majority of the changes only effect the interior of the structure as identified on the Summary of Modifications. One of the changes is a result of the addition of an office for the listed management company which will be located in the parking garage, thus requiring the reduction of forty (40) parking spaces. As a result of this amendment, we have enclosed a proposed Declaration of Restrictive Covenants which addresses the parking issue. The majority of the remainder of the changes have been made as a result of compliance with the Building Department's requirements and permit revision changes. For your review, I have enclosed a copy of MUSP Resolution No. 98-444, and a check totaling $3,000 for the application fee for the nonsubstantial modification determination. I have also enclosed the revised drawings which identify all changes on the plans and coordinated by number with the Summary. The architect of record is now Cohen Friedman and Encinosa, therefore, the drawings may look slightly different. For example, the numbering system and the page references of the amended drawings have changed. In addition, Mr. Juan Gonzalez requested a letter from the Sonesta which confirms that no fewer than 80 units will be in the hotel program at all limes, as well as a copy of the provision from the Management Agreement with the Sonesta showing the minimum of 100 units in the rental program as a condition for commencement. We are requesting that you forward this request to Mr. Juan Gonzalez for his review as the Zoning Administrator, so that he can confirm that change is nonsubstantial. Thank you very much for your attention to this matter and pieese call me at (305) 579-0683 if you have any questions. V ry trul_y yours, a:. 1. cc: Mr. Ricardo Dunin Adrienne Friesner Pardo Mr. Omar Morales Mr. Carlos Bueno Vieira Ms. Lourdes Slazyk Mr. Juan Gonzalez Lucia A. Dougherty, Esq, Gary A. Saul, Esq. MIAM1/PARDOA/1143970/ 3-y01!.DOC/2/09/01/99999.457721 GiincNR6RII TRAlllllr. P.A. fb { 781 1221 BRIc►::t.l, AVL.Nul: MIAMI, FLORIDA 33131 V 1 305.579-0500 FAx 305-579-0717 www.gelow.corn MIAMI Nsw YORK WASIIINGTON. D,C. ATLANTA P1fll,:1DELPll1.\ TN -s4) -,s Coft.,mt Cliff. -AGO BOSTON PIIOENIx WILMINGTON LDS ANGELES DEN%E SAO PAULO FORT LACDERDALE BUCA RATAN WEST PALM BEACH ORI.ANoo TALLAHASSEE • • MUTINY PARK CONDOMINIUMS Application For Non -Substantial Modification for MUSP SUMMARY OF MODIFICATIONS "EXHIBIT B" General Notes: 1. The owner is requesting a reduction in required parking of 40 spaces based on mixed uses. The attached declaration or restrictive covenants between owner and city describe the basis for this request on detail. 2. The drawing numbering system has been changed and is described below as "old sheet number and new sheet number." 3. NOTE: All references to "IMO" indicate "Interior Modifications Only." List of drawing revisions OLD SHEET No. NEW SHEET No. A.101 A.1 Site Plan 1. Paved terrace has been added to east landscape area. Refer to revised landscape drawings for additional revisions. (drawings L1,L2 and L3 attached) A.102 A.2 Parking Plan — Level 13.2 2. Plans have been revised to indicate structural modifications to foundations. 3. On level B.2 parking count has been reduced from 110 to 106 spaces. IMO A..103 A.3 Parking Plan —Level B.1 4. Entry ramp from Mc Farlane Road has been modified. IMO 5. On level B.1 parking count has been increased from 74 to 79 spaces. A. 1.04 A.4 First Level I Lobby Plan 6. Lobby area has been modified to include miscellaneous service areas, business center and security office. IMO 7. Future restaurant area has been modified to include toilet. IMO S. Loading zones have been modified to allow for direct access from exterior drive. 8A. Level 1 parking count has been reduced from 42 to 39 spaces. IMO A.105 A.5 Second Level Garage Plan 9. East stair tower and adjacent shear walls have been modified based on strucwraI requirements. 10. Parking striping has been modified for an increase from 80 to 81 spaces. IMO 01- 78J. • A.105 A.6 -A.9 Third through Sixth Level Garage PIan 11. East stair tower and adjacent sheer walls have been modified based on structural requirements. 12. Parking striping has been modified for an increased from 80 to 82 spaces. IMO A.107 A.10 Seventh Level — Garage Plan 13. South quadrant of garage has been designated as future office / maintenance area. IMO * Refer to covenant between owner and city regarding reduction in parking. 14. Laundry area has been added to south quadrant. IMO 15. Parking striping has been modified to reduce count from 74 to 47 spaces. IMO A.108 A.11 8'h Level / Recreation Deck Plan 16. Public spaces have been reconfigured to include three main meeting rooms, dining room, storage, kitchen and cafe. IMO 17. Gymnasium (exercise room and spa) has been relocated to penthouse level. See sheet A-15. IMO 18. Additional restroom facilities have been added to accommodate additional meeting space. IMO 19. Swimming pool had been reconfigured to meet HRS requirements. 20. Pool Bar structure has been relocated. 21. On rooftop of north terrace, squash courts have been relocated to accommodate mechanical equipment. No modifications to exterior building footprint have been made. A.201 A.12 Typical FIoor Plan 22. Unit plans have been modified to accommodate structural components. IMO 23. Trash chute and linen chute have been added. IM0 23A.Twenty four units have been combined into twelve single residential units. IMO A.202 A.13 20`h Level Floor Plan 24. Units 17 & 18 have been combined into a single residential unit. IMO A.202 A.14 Lower Penthouse Plan 25. Units have been relocated to accommodate a roof terrace at the northeast corner of the plan. 26. Units PH -7 and PH -8 have been modified to include a second story. IMO A.111 A.15 Upper Penthouse Level iii- 781 27. Private rooftop terraces have been added to each penthouse unit. 28. Elevator No. 3 has been extended'to this level in order to provide access to exercise room (29). A.403 A.22 East Elevation 30. `'Vest quadrant of parking garage exterior has been modified to include openings and metal grills to match front elevations and to provide a more attractive exterior. 31. North terrace at 8`h level has been modified to show new mechanical equipment enclosure. 31A. Solid railing changed to aluminum/glass railing, window added at bar. A.401 A.23 West Elevation 32. North terrace at 8'h level has been modified to show new mechanical equipment enclosure. 33. Ramp area has been modified to allow for additional ventilation required. A.402 A.24 North Elevation 34. North terrace at 8"' level has been modified to show new mechanical enclosure. A.400 A.25 South Elevation 35. Exterior penetrations at garage levels have been modified to accommodate structural requirement. Sent By; ioneste Beach Resort 305 US 2045; Feb -8.D :39AM; Pape 2/2 sorwl;LZ Beach Resort Key BLscz)mc SMfJ114 ftfridA & COrjbbtdfl ROMWIP February a, 2001 Ms, Ana Getabert-Sanchez Direotbr, City Of Miami Planning Department 444 S.W, 2!?%vtenue Third Floor Miami, FL 33130 Re: Son: esta Hotel & Suites, Coconut Grove (tonl#erly Mutiny 'I on the Park) — 2889 McFarlane Road, Coconut Grove Dear Ms. Gelabert, Sonesta Hotels hes entered into a Management Agreemeniwith Mutiny on the Park, Ltd. to manage the above -referenced property 1, our Management Agreement provides that a minimum of 100 k6ys be enrolled in the Hotel Rental Program prior to the dommencement of 16e hotel operation. W We expect to have no less than 80 units in the Hotel RentallProgram at all: times, and we would be happy to verify to you the number of, units in the Hotel Rental Pro ram from time to time. Please feel free to call if you have any question -s. SirC erel adi Fresiden Sonesta a F mio wrjlc Cc, Mr. RICO* Mr. Carlos 7 Resort Key Biscayne Vigire 350 Ocean Ofive, Kay Oisena,Flor=33149 Telephone (30E) 361-2021 Telex 518303 Fax (305) 351-3090 1 1. .. 0. 02/M,01 11:59 SKENBERS TRAURIS EEIIIK�9 (b) iNhICh holds, dirseVy of Indirooty, Mato jhnn fft 430%) porivnt vW9 Interact In $1,1011 Pony. ff0fiftla And ft AMIN OW togeftr be known as ft "Aamsta 1.2. "eqAWLra' shell Mean and rotor to the c1poriting forecast ptepawd by Operator each your oncr further cl*"Nbed In SwIlon 5,9. 1.3. Ml moon and refer to to base m#qagerilent fee payable to Op6rator under 1A. "CalendarXW'shah man any 9WISMutive t4vIvW-R=tti period comrmneing upon the first ilay of January and ending upon on Not day of Decominr 4('jring Ow To ! rm (ei h"no(W donned). 1.5. VADNALAMMg Avagune' shiMl roan the account dowrl6d in Socftn 6.7. 1,0. "04=111lansmant 0106" shell mmn the cW#: upon Whiah 0wotor Commonces full bVIINN operation Of Vie Hotel under ho Agreenriant' Notwifttanding ft 10MOIng, the Commen"Numt Onto shell be evIden"d by the blowing; (a) A CortfIcan of DUDSISM011 Coomptellion (AIA Docun Writ 0?04) Wgnvd by Owner@ &MMMICt. with 0 COOPY to oplWatot, cor*ng that the Hotel Unit and not lower than tQ9 Keys In the Rental Piogrom have been wnvbvcW and oomplotod in substantial "llence with the Plane, and any; supplonantol plans, and in D=Wdsnol with all opplicable 10wil, ard6ni;es.-was and regulations; (I)) OU 1`1000sn ocoupwmy or woo pon*W for the HoWl Unit and not fewer than 100 have been, 46GUOd or will be lowed VFW DPP?DP?101$ f op~on by Owner. (o) The furnishings and equipment naw :bean provides and insteDW fn the HOW Unit and not fewer then 100 Keys 4-n-thsAortal Ptairarn have been fully furnished and equipped in occMance, vft thi pans and op9cMastions therefori, WA oftwing, in the Me of WM Ing tft" Unit and the 100 Keys In the Rental PMCMM, for punch"@% Iterne whUi, In; Operstoes! reetenable, judgment, 40 "at "Mmally IMP&M the guom sxpwhw", or the evilily of-C"ratbr to "rate the NOW; (6) The lenaWapinq of the Hotel shell be iubstenfielly complete in socorclance with plana and op"flooflona therWors; 2 78:1 a 60061 fvxWnVW4 OWDONMNOW IfP9-2414. L ft�/C !"SATWOOM J-98-421 4/27/98 AEC. I U�b I P[�J84 flL�Qr1T Ir"lr^T.T V^ 98- 444 A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH .CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR THIS MUTINY CONDOMINIUMS PEASE II PROJECT, TO BE LOCATED AT APPROXIMATELY 2889 McFARLANE ROAD AMID 2951 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA; TO BE COMPRISED OF A PLANNED UNIT DEVELOPMENT PROJECT WITH APPLICABLE INCREASED FLOOR AREA RATIO BONUSES, CONSISTING OF A 211 UNIT APARTMENT/HOTEL, ACCESSORY FUNCTION AND COMMERCIAL/RETAIL SPACES AND 700 PARKING SPACES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; 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 19, 1997, Lucia A. Dougherty on behalf of Mutiny on the Bay, Ltd. ("APPLICANT"), submitted a complete Application for Majcr Use Special Permit for the Mutiny Condominiums - Phase 11 Project ("PROJECT't) pursuant to Zoning Ordinance No. 11000, Articles 5, 9, 13 and 17, for the property located at approximately 2889 McFarlane Road and 2951 South Bayshore Drive, Miami, Florida, as legally described on Exhibit "A" to be comprised of a planned unit development project with increased floor area ratio bonuses; and lAiiACNMENY (5)� � CONTAINED CIT! cOI+m=ox P E "MG OP, APR 2 8 1998 a.we�= No. REC. 18261 P10985 WHEREAS development of the PROJECT requires the issuance of a Major Use. Special Permit pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended; and WHEREAS, the Large Scale Development Committee met on December 11, 1997, to review the proposed PROJECT and offer its input regarding technical issues; and WHEREAS, the Urban Development Review Board met on December 15, 1997, and recommended approval of the proposed PROJECT; and WHEREAS, the Zoning Board, at its meeting of'March 30, 1996, Item No. 1, following an advertised public hearing, adopted' Resolution No. ZB 1998-0041, RECOMMMMING APPROVAL of Special Exceptions for the PROJECT as a component of a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT, by a vote of seven to zero (7-0); and WHEREAS, the Zoning Board, at its meeting of April 13, 1998, Item No. 1, following an advertised public hearing, adopted Resolution No. ZB 1998-0044, RECOMMENDING APPROVAL of Special Exceptions for the PROJECT as a component of a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development order* for the PROJECT, by a vote of seven to zero (7-0); and - 2 - �1- 781 ' QfF., 826 i Pt 9 0 RLCU SU WHEREAS, the Planning Advisory Board, at its meeting of April 15, 1998, item No. 8, following an advertised. public hearing, adopted Resolution No. PAB 39-98, RECOMIIrMING APPROVAL of the PROJECT for a Major Use Special Permit, subject to APPLICANT complying with all conditions of the Development Order for the PROJECT, by a vote of five to zero (5-0); 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 Major Use Special Permit Development Order for the PROJECT 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. A Major Use Special Permit Development Order, attached hereto as Exhibit "B" and made a part hereof, is hereby approved subject to the conditions specified in said Development Order, per Article 17 of Zoning Ordinance No. 11000, as amended, for the Mutiny Condominiums - Phase II Project (hereinafter referred to as the "PROJECT") to be developed by Mutiny on the Bay, LTD. ("APPLICANT"), to be comprised of a Planned Unit Development with applicable increased floor area ratio bonuses, - 3 - �i1- 781 • AUL 18261 M98T for the property located at approximately 2889 McFarlane Road and 2951 South Bayshore Drive, Miami, Florida, more particularly described on Exhibit "A", attached hereto and made a part.hereof. Section 3. The PROJECT is hereby approved for the construction of up to 250 hotel rooms and 211 residential units with accessory function and retail /commercial space and 700 parking spaces. Section 4. The Major Use Special Permit Application for the Mutiny Condominiums Phase II Project also encompasses the lower ranking Special Permits as set forth in the Development Order, attached as Exhibit °B" hereto and incorporated herein. Section S. The findings of fact set forth below are - hereby made with respect to the subject PROJECT: a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan 1989-2000, as amended. b. The PROJECT is in accord with the applicable 0, SD -17, SD -19 and SD -2 Zoning classifications of Zoning Ordinance No. 11000, 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 PRO VCT, i.e., ingress and egress, parking, signs and lighting, utilities, drainage, preservation of natural features and control of potentially adverse • REC.1626 1 P1 • effects generally, 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 $78 million, and to employ approximately 100 workers during construction (FTE); and 80 employees annually (recurring). The PROJECT will generate approximately $1.2 million annually in ad valorem tax revenues to local units of government (1997 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; (S) the PROJECT will efficiently use necessary public utilities; 01- 781 REC. I UZ6 � pt�� (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 and amended, shall be binding upon the applicants and any successors in interest. Section 7. The application for Major Use Special Permit, which was submitted on December 1997, and revised on March 1998 and on file with the Department of Planning and Development of I ►1- 781 REC:1826 ] N0990 S the City of Miami, Florida, shall be relied upon generally for administrative interpretations and is made a part hereof by reference . . _ Section 8. This Major Use Special Permit will expire two (2) years from its effective date which is thirty (30) days after the adoption of the herein Resolution. Section 9. The City Manager is hereby directed -to instruct the Director of the Department of Planning and Development to transmit a copy of this Resolution and attachments to the developers: Mutiny on*the Bay, Ltd., 2951 South Bayshore Drive, Miami, Fl. 33133. Section 10. The Findings of Fact and Conclusions of Law are made with respect to the Project as described in the Development Order for the Mutiny Condominiums Phase II Planned Unit Development Project, which is attached hereto as Exhibit "B" and made a part hereof by reference. Section 11. The Major Use Special Permit Development Order for the Mutiny Condominiums Phase II Planned Unit Development Project (Exhibit "B") is hereby granted and issued. Section 12. In the event that any portion or section of this Resolution or the Development, Order (Exhibit "B") 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 • 01-- 781 EC:182.1 rr Development Order (Exhibit "B") which shall remain in full force and effect. Section 13. This Resolution shall become effective thirty (30) days after its adoption. PASSED AND ADOPTED this 28th day of April 1998.. JOE CAROLLO, MAYOR in eccordsnce w8h Miami Code Sec. 2-36, since the Mayor did not indicato appmv--1 of this legislation by signing it in the designatad pleoe p►01.icsr:, ssid iegislat:oc: �mu pPW=s effective with the elapse of ten (10) day iron Utc date of Ccmmcs5 �1 cct;en %along same, without the Mayor exer isin eto. ATTEST: Wait r J. e , City Clerk WALTER J. FOEMAN, CITY CLERIC PREPARED AND APPROVED BY: GEORGEOC. WYSONG, II ASSISTANT CITY ATTR W2460:GRW:BSS - 8 - �l1- 8f t J-.mmu .-A:. REC:18261 Pr M.- 0 LEGAL DESCRIPTIO\ 2951 S. Bayshore Drive 2889 McFarlane Road SiTE 1 TRACT **A'* SAILBOAT BAN' SUBDiNISION. AMENDED. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 96 AT PAGE 85 OF THE PUBLIC RECORDS OF DADE COUNTY. FLORIDA. AND SITE 2 C.O%t.%lENCrsG AT A POST AIARKTNG*THE SOL?HWEST E\'D OF THE DIVIDING LINE BETWEEN L.k\DS OF C.J. PEACOCK. SO.NaFTIMES GALLED CHARLES PEACOCK ASD LAND DESiGNATED .AS LOT 4 OF 1.TL'\'ROE'S PLAT IN GOVERNMENT LOT \0 I OF SECTION 2I. TO\V'NSH1P 54 SOL:TH. R-►NGE 41 EAST. AS RECORDED 1\ DEED BOON: D PAGE OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THE\CF RUQ 1\ A SOUTHEASTERLY DIRECTION 124 FEET ON THE DiN'iDING L1\'E BETWEEN THE LANDS OF CHARLES PEACOCK AND SAID LOT NO.4: THENCE IN A NORTHEASTERLY DIPEC?ION 250 FEET t1ORE OR LESS TO THE INTERSECTION OF THE LINE DIV'IDL\G THE LANDS OF til N1 D. ALBURY AND SAID LOT NO.4 AS SHOWN BN' SAID RECORDED PLAT IN DEED BOOK D. AT PAGE 2.53. DADE COUNTY PUBLIC. RECORDS. THENCE ALONG SAID LINE OF U'.D AI.BLRY PROPERTYIN .A NORTHIVESTERLY DIRECTION l_5 FEET. THENCE INA SOI:THI\'ESTERLN' DIRECTION 330 FEET MORE OR LESS TO THE POiNT OF BEGINNING. EXCEPTHTNG THEREFROM .A STRIP OF LAND SOLD TO THE HOUSEKEEPER'S CLUB OF COCONUT GROPE. %FORE PARTiCL'LARLY DESCRIBED AS FOLLOWS CO%I%IENCiNG AT THE NORTHEAST CORNER OF THE WHOLE LOT. ,Ac DESCRIBED .ABOVE .AND RUNNING THENCE NORTHWESTERLY .ALONG THE LiNE or THF. 11'%I D ALBL'RY PROPERTY 125 FEET TO THE NORTHWEST CORNER OF SAID WHOLE LOT. THENCE SOUTI-IWESTERLi' .ALONG THE LINE OF THE C J PEACOCK PROPERTi' c,+, FEET. THENCE SOUTHEASTERLY 125 FEET AND THENCE NORTHEASTERLY 60 FEET TO THE PLACE OF BEGiNNING ALONG THE NORTHWEST END OF SAID WHOLE LOT WHICH INCLUDgS THE NORTHERLY OR NORTHEASTERLY 60 FEET OF THE .ABOVE DESCRIBED TRACT. SAID 60 FOOT STRIP ADJOTNT!�G THE SAID LA%mS OF W D ALB1'~'RY ABOVE REFERRED TO. ALSO EXCEPTING THAT CERTAIN PARCEL OF LAND N10 LE PARTICULARL DESCRIBED IN THAT CERTAIN DEED RECORDED IN DEED BOOK 70. AT PAGE 350, OF THE PUBLIC RECORDS OF DADE COL -%T%'. FLORID.-\ .AND EXCEPTING THAT CERTAIN 7.5 FEET OF LAIND DEEDED TO THE CITY OF \11A.\11 FOR STREET PURPOSES UNDER -DEED FILED TN CLERK'S FILE NUMBER Y-103:30 SACKMA'i 2 InG CRUNIERC TRAURIC INLMW ON THE SAY LTD �i- 7S1 THE AAVTVN1 CON001,lINIUMS R ,18261 F[ 0993 EXHIBIT DEVELOPMENT ORDER ATTAC2dH4 NT TO RESOLUTION NO. DATE: MUTINY CONDOMINIUMS - PHASE II PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 9, 13 and 17 -of Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as amended, the Commission of the City of Miami, Florida, has considered in a public hearing, the issuance of a Major Use Special Permit to be comprised of 'a Planned Unit Development with increased floor area ratio bonuses for Mutiny - Condominiums - Phase Ti Project (hereinafter referred to as the "PROJECT") to be located at approximately 2889 McFarlane Road and 2951 South Bayshore Drive, Miami, Florida; see legal description in Exhibit "A", attached hereto and made a part hereof; said legal description is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations of the Planning Advisory Board and the Zoning 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 hereby issues this Permit: 781 H-1 �+1- NEC. 1825.1 PE The Major Use Special Permit Application for the Mutiny Condominiums - Phase II Project has a companion application: for Special Exception to allow the following: SPECIAL EXCEPTION per Article 9, Section 906.7.3., for bar/saloon and/or tavern; and SPECIAL EXCEPTION per Article 9, Section 917.1.2., for valet service to a hotel/apartments. The Major Use Special Permit Application for the Mutiny Condominiums - Phase II Project also encompasses the following lower ranking Special Permits: CLASS II SPECIAL PERMIT per Article 15, Section 1510, for preservation of natural or archeological fixtures. Allowing the reduction of the require 65W of the uses allowed in section 602.4.1.1. to preserve the existing grave site; and CLASS II SPECIAL PERMIT per Article 9 Section 906.7.3., and Determination of Use not Specified No. 97-006, for a restaurant accessory to residential use with an excess of 100 dwelling units and/or with compliance with the intent and requirements of the "Primary Pedestrian Pathway" designation on the subject property's McFarlane Road frontage; and CLASS II SPECIAL PERMIT per Article 6, Section 617.3., for development within the SD -17 Zoning District; and CLASS I SPECIAL PERMIT per Article 9, Section 903.1 for development under the less intense district in a site with two or more zoning district designations; and CLASS I SPECIAL PERMIT per Article 9, Section 906.9, for pool/spa and outdoor recreational area.' Pursuant to 'Articles 13 and 17 of Zoning Ordinance No. 11000, approval of the requested Major Use Special Permit shall be considered sufficient for the subordinate permits referenced above. ol- 784. OFF: 162611 P -099 � PROJECT DESCRIPTION: The proposed Mutiny Condominiums - Phase iI Project is a Planned Unit. Development Project located at approximately 2889 McFarlane Road and 2951 South Bayshore Drive, Miami, Florida ("PROJECT"). The PROJECT is located on approximately 3.607 gross acres and 2.564 net acres of land (more specifically described in Exhibit "A incorporated herein by reference). The remainder of the PROJECT's VITAL DATA is attached hereto as Exhibit "G", and incorporated herein by reference. The proposed PROJECT will consist of a 211 residential unit apartment/hotel with accessory function and. retail/ commercial space and 700 parking spaces. The project will consist of a 21 story residential structure and an attached 8 story parking garage structure; it will also contain a recreation area consisting of the following amenities: swimming pool, fitness center, spa, steam and sauna rooms, and jacuzzi with access to sun decks. The ownership, operation and maintenance of common areas and facilities will be by the property owner or a mandatory property owner association in perpetuity pursuant to a recorded Declaration of Covenants and Restrictions. 81 �"� • REC.) 826.1 From • The Project shall be constructed substantially in accordance with plans and design schematics on file prepared by Sackman2 Inc., dated February, 1998; the landscape plan shall be implemented in accordance with the plans on file prepared by the Witkin Design Group, dated March, 1998; 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 Director of the Department of Planning and Development prior to the issuance of any building permits. The PROJECT conforms to the requirements of the O, SD -17, SD -19 and SD -2 Zoning Districts, as contained in Ordinance' No. li000, the Zoning Ordinance of the city of Miami, Florida, as amended. The existing comprehensive plan future land use designation allows the proposed mix and intensity of commercial and residential uses. PRIOR TO THE ISSMNCE OF A BUILDING PERMIT TBE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SMRALLY, SHALL DO THE FOLLOWING: 1. Meet all applicable building codes, land development regulations, ordinances and other laws. �1 781 A£C:18261 '.1826WOMT • 2. Prior to the issuance of a.building permit, provide the City with a list of agencies from which approvals and/or permits must be obtained prier to initiation of development and the permit or approval required of each. 3. Prior to the issuance of a building permit, record a certified copy of the development order in the Public Records of Miami -Dade County that specifies that the Development Order runs with the land and is binding on the Applicant, its successors, and assigns, jointly or severally, 4. Allow the Miami Police Department to conduct a security survey, at the option of the Department, so as 'to make recommendations concerning security measures and systems; - further submit a report to the Department of Planning and Development, 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' Director why such reconanendations are impractical. 5. Provide a letter from the Department of Fire -Rescue indicating APPLICANT'S coordination with members of the Fire Plans Review Section of the Department of Fire -Rescue for 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, egress, vehicular access and water supply. 6. Provide a letter of assurance from the Solid waste Department that the PROJECT has addressed all concerns of said Department. 01- 781 Roff£C:1826 I P[0998 7. Prepare a Minority Participation and Employment Plan to be submitted to the City's Director of Minority and Women Business Affairs for review and comments, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 8. Prepare a Minority Contractor/Subcontractor Participation Plan to the City's Director of Minority and Women Business Affairs for review and comment, with the understanding that the City's Minority/Women Business Affairs and Procurement Ordinance No. 10538 is a guide that the APPLICANT must use its best efforts to follow. 9. Record in the Public Records of Miami -Dade County, Florida, a 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. 10. Provide the City with an executed, recordable unity of title or covenant in -lieu of unity of title agreement for the subject property; said agreement shall be subject to the review and approval of the City Attorney's office. 11.. The applicant shall provide plans for proposed sidewalk and swale area improvements prior to the issuance of a building permit; said plans shall be subject to review and approval by the Public Works Department and the Department of Planning and -Development. 12. Provide the Department of Planning and Development with a temporary parking plan which addresses construction employee parking and temporary parking arrangements for the existing building during the construction period; said plan shall be B-6 v1- 781 'ORESA M PIC9 subject to the review and approval by the Department prior to the issuance of any building permits. 13. The applicant shall retain the services of an archeological consultant who will be responsible for conducting archeological monitoring of all ground disturbing activity, as well as the subsequent recovery of artifacts; said consultbnt shall obtain a scope of work from the Miami -Dade County Archeologist and shall provide reports to both that office and the City of Miami Preservation officer. 14. Final approval of the landscaping proposal submitted by the applicant shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address any changes that may. resultfrom said hearings. 15. Final approval of the design component of this application including right-of-way improvements, fagade treatment, signage, lighting, etc., shall be subject to further staff review of the subject proposal upon completion of the public hearing process in order to properly address any changes that may result from said hearings. THE CITY SHALL: Subject to payment of all applicable fees due, establish the effective 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 ( 3 0 ) day period to appeal from -the provisions of the Permit. H-7, Of- 781 • 18261PcIOW • The Mutiny Condominiums - Phase II Project, proposed by the applicant, Mutiny on the Bay, Ltd. (^Applicant"), complies with the Miami Comprehensive Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City of Miami, and complies with local land development regulations, and it is further found, pursuant to Section 1703 of Zoning ordinance No. 11000 that: (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 the conditions of this Major Use Special • Percuit . 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. �i - '7 81 � REC. i 826 l PG 100 Pursuant to Section 1305 of Zoning Ordinance No. 11000, the specific site plan aspects of the.PROJECr i.e., ingress and egress, offstreet_parking and loading, refuse and service areas, signs and lighting, utilities, drainage and control of potentially adverse effects generally, have been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. tii- 781 Exhibit 64C^ _ • REF:1szs.iPc1ooz • PROJECT SUMMARY FOR THE MUTINY CONDOMINIUMS DECEMBER, 1997 REV. FEBRUARY 1998 The Following data summarizes the maximum development allowed at the Mutiny II Condominiums, pursuant to 0 (Office District) Zoning Guidelines with SD- 19. SD -l7,& SD -'2 overlays. (O / SD- 19 Determined by City of Miami Planning Dept. as overriding overlay). A. DEVELOPMENT POTENTIAL 1. Street Frontage: South Bayshore Drive: 170.43' L.F. Mc Fariane Road: 215.00' L.F. 2. Net Lot Area (Phase 1 & Phase II): 111,230 S.F. (2.5535 acres) 3. Gross Lot Area (Phase I & Phase Il): 154,370 S.F. (3.544 acres) 4. Base F.A.R. Permitted: 1.20 - 5. Additional F.A.R. for P.U.D. Bonus Permitted (20% Increase): .24 Additional F.A.R. fir P.U.D. Bonus Provided (20% Increase): .24 6. Additional F.A.R. for Affordable Housing Fund Permitted (25% Increase): .300 Additional F.A.R. for Affordable Housing Fund Provided (25% Increase): .300 7. Total F.A.R, Permitted (w/ bonuses): 1.740 Total F.A.R. Provided (w/ bonuses): 1.740 S. Maximum Development Area Permitted (w/ bonuses): 334,403.80 S.F. with Parking Ordinance (188 Spaces x 350 s.f./Space = 65,800 s.f.) 9. Maximum Development Area Provided: Existing Mutiny Condominiums - Phase I: 141,373.00 S.F. Proposed Mutiny Condominiums - Phase II: 188,476.00 S.F. Toial 329,849.00 S.F. 10, Open Space Required (15% Gross Lot Area) (Ph I & Ph II): 23,156-S.F. 11. Open Space Provided (15.2%) (Ph I& Ph II): 23,494 S.F. 12. Maximum Building Footprint Permitted (40%) (Ph I & Ph II): 61,748 S.F. SACYJMN 2 INC CREENSERC T)IAURIC MUTINY ON THE SAY LTD. W"OLI snsew o.� . THE MUTINY CONDOMINIUMS REC 1826.1 N I M3 The Mutiny Condominiums Project Summary Page 2 13. Building Footprint Provided (34.1%): Existing Mutiny Condominiums - Phase 1: 14,082 S.F. Proposed Mutiny Condominiums - Phase I1: 38,578 S.F. Total 52,660 S.F. 14. Requir d Set Backs by City of Miami: Required Provided * Front (South Bayshore Drive): 20'-0" 20'-0" * Side Street (McFarlane Road): 15'-0" 15'-0" " Side 10'-0" 10'-0" min. Side 10'-0" 10'-0" min. MaximAllowed Provided " Building Height 220'-0"(w/Class I Approval) 218'-1"** (22 Stories) (21 Stories) ** (from South Bayshore Drive Crown of Road) B. BU LDING AREA COMPUTATIONS 1. *Total Gross Area (Excluding Balconies) 361,682.60 S.F. Existing Mutiny Condominiums - Phase I: 159,638.60 S.F. Proposed Mutiny Condominiums - Phase 11: 202,044.00 S.F. 2, Total Gross Area (Including Balconies) 409,958.60 S.F. Existing Mutiny Condominiums - Phase 1: 175,019.60 S.F. Proposed Mutiny Condominiums - Phase 11: 234,939.00 S.F. 3. **Totaf Net Residential Area (Excluding Balconies) 329,849.00 S.F. Existing Mutiny Condominiums - Phase I: 141,373.00 S.F. Proposed Mutiny Condominiums - Phase U: .188,476.00 S.F. SACKAMN 2 INC G.RM NIIERG TRALq=. MUTINY ON THE BAY I.M. J THE MUTINY CONDOMINIUMS REC. 18264 N 1 40 The Mutiny Condominiums Project Summary Page 3 Does Not Include ThC Followine: Circulation Existing Mutiny Condominiums - Phase I: Proposed Mutiny Condominiums -Phase 11: Support Services Existing Mutiny Condominiums - Phase I: Proposed Mutiny Condominiums - Phase U: Balconies Existing Mutiny Condominiums - Phase is Proposed Mutiny Condominiums - Phase H: _ Lobby Existing Mutiny Condominiums - Phase I Proposed Mutiny Condominiums - Phase H: Fitness Center Existing Mu ':ny Condominiums - Phase I: Proposed Mutiny Condominiums - Phase n: Business -Center / Cafe Exisdng Mutiny Condominiums - Phase I: Proposed Mutiny Condominiums - Phase II: 40,062 S.F. 21,202 S.F. 18,860 S.F. 9,859 S.F. 3,950 S.F. 5,909 S.F. 48,276 S.F. 15,381 S.F. 32,895 S.F. 2,505 S.F. 1,344 S.F. 1,161 S.F. 4,367 S.F. 880 S.F. 3,487 S.F. 4,388 S.F. 2,020 S.F. 2,368 S.F. SACKWK 2 INC CRUNWG IMMG MU" ON 1HE MY LID. c�1- 78i THE MUTINY CONDOMINIUM5 C� The Mutiny Condominiums Project Summary Page 4 R c: i-8�6,l i 4. Total Number of Residential Units: 383 5. Apartment Breakdown: Parking Spaces Required. (01 %) 3 Bedrooms 4 Units x 2- 8 Spaces Existing Mutiny Condominiums - Phase I: 2 Units x 2 = 4 Spaces Proposed Mutiny Condominiums - Phase II: 2 Units x 2 = 4 Spaces (19%) 2 Bedrooms 65 Units z 2 = 130 Spaces Existing Mutiny Condominiums - Phase I: 40 Units x 2 = 80 Spaces Proposed Mutiny Condominiums - Phase II: 25 Units x 2 = 50 Spaces (61%) 1 Bedrooms 255 Units z I - 255 Spaces Existing Mutiny Condominiums - Phase I: 130 Units x 1 = 130 Spaces Proposed Mutiny Condominiums - Phase II: 125 Units x 1 = 125 Spaces (19%) Studios 72 Units x 1 = 72 Spaces Existing Mutiny Condominiums - Phase I: 0 Units x 1 = 0 Spaces Proposed Mutiny Condominiums - Phase 11: 72 Units x 1 = 72 Spaces Totals: 396 Units 465 Spaces Note: Developer commitment to limit the density to 211 Units for Phake II through the creation of combination units 6. Total S.F. of Commercial (Phase 1 & Phase II) Total S.F. of Business Center (Phase 1 & Phase II) 7. Total Gross S.F. for Parking Garage (9 Floors) 8. Total Number of Pa .-king Spaces Required: 'Existing Mutiny Condominiums - Phase I: Proposed Mutiny Condominiums - Phase II: Parking F.A.R. Bonus: 9. Total Number of Parking Spaces Provided: 10, Excess Parking: SACKWAN 2 INC GRRNUAG TRAURIC, 61692S F. 3,467 S.F. 344,554 S.F. 693 Parking Spaces 232 Spaces 273 Spaces •188 Spaces 705 Parking Spaces 12 Parking Spaces _ M~ ON THE AAY LTD. THE MLMNY CONDOMINIUMS ' 0 :01_ t -1g .,.. .. R E 18L6 PU The Mutiny Condominiums Project Summary Page 5 The Mutiny II Condominiums consists of 21 Stories, I2 typical residential floors (9'" thru 20"i), consisting of 18 units per floor. The 8h floor, which is the Recreational Deck, consists of a Fitness Center, Business Center, Offices, the Pool • and its surrounding amenities. The 21" Floor, the Penthouse Level, consists of 8 units. There are 9 levels of parking, 2 of these levels are underground parking. The Ground Level contains the Lobby and Commercial Spaces. • Calculated from the exterior face of all exterior walls, includes mechanical, custodial, stairs, shafts and elevator hoist ways. •• Calculated from the exterior face orexterior walls and to center line of common watis. SACKMAN 2 INC QEENBUC IUURIG MUTINY ON TME MY LTO. THE MUTIINY� CONDOMINIUMS ardie••� i�W6 , STATE OF FLORIDA COUNTY OF DARE CITY OF MUM OFF. REC.826 I PC 1007d' I, WALTER J. FOEMAN, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do hereby certify that the attached and foregoing pages numbered 1 through 23, inclusive, constitute a true and correct copy of a Resolution with attachments passed and adopted by the City Commission at the meeting held on the 28th day ofApril 1998. SAID RESOLUTION WAS DESIGNATED AS RESOL UTION NO. 98-444. IN WITNESS WHEREOF, I hereunto set my hand and impress the official seal of the City of Miami, Florida this 12th day ofA ugust, 1998, WALTER J. FOEMAN City Clerk Miami, Florida J By: Aeputy Clerk Reco wnw�' ` Rgcccps+voo ArECOR0Y�'hOROW HARVtY RUVIN G,tRx 6�4a,.r"r!!t!t 01.- 781 •