HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE MIST 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"), the Commission of
the City of Miami, Florida, has considered in a public hearing,
the issuance of a Major Use Special Permit for the Mist Project
(hereinafter referred to as the "PROJECT") to be located at
approximately 824 Biscayne Boulevard, Miami, Florida (see legal
description in "Exhibit B", attached and incorporated), 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:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential/mixed-use development
to be located at approximately 824 Biscayne Boulevard, Miami,
Florida. The PROJECT is located on a gross lot area of
approximately 171,500 square feet and a net lot area of
approximately 63,380.62 square feet of land (more specifically
described in "Exhibit B", incorporated herein by reference). The
remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit C".
The proposed PROJECT will be comprised of a mixed-
use/residential building with up to 516 residential units, 29,300
square feet of retail space, 22,500 square feet of office space,
recreational amenities and approximately 800 parking spaces (of
which 100 spaces are tandem).
The Major Use Special Permit Application for the PROJECT
also encompasses the following lower ranking Special Permits:
CLASS I SPECIAL
clearance letter;
PERMIT as per Section 915.2 for FAA
CLASS II SPECIAL PERMIT as per Article 6, Section 606 for
new construction in the SD-6 District;
CLASS II Special Permit for waiver of design standards and
guidelines (per section 1512) for urban plaza; Section III,
not to exceed 25% of linear frontage.
CLASS II Special Permit for waiver of design standards and
guidelines (per section 1512) for urban plaza; Section III,
Subsection G prohibition of driveways
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REQUEST that the following MUSP conditions be required at
the time of shell permit instead of at issuance of
foundation permit:
a. the requirement to record in the Public Records a
unity of title or covenant in lieu of unity of
title.
Pursuant to Articles 13 and 17 of the Zoning Ordinance,
approval of the requested Major Use Special Permit shall be
considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required
by the City which may be required to carry out the requested
plans.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by
Arquitectonica, dated August 8, 2003, (revised Aug. 12, 2003);
the landscape plan shall be implemented substantially in
accordance with plans and design schematics on file prepared by
Rosenberg Design Group, dated August 2003; 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.
The PROJECT conforms to the requirements of the SD-6 Zoning
District, as contained in the Zoning Ordinance, the Zoning
Ordinance of the City of Miami, Florida, as amended. The existing
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comprehensive plan future land use designation on the subject
property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meet all applicable building codes, land development
regulations, ordinances and other laws and pay all fees due
prior to the issuance of a building permit.
2. 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 Department of Planning and
Zoning, 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 Director of the Department of
Planning and Zoning why such recommendations are
impractical.
3. Obtain approval from, or provide a letter from the
Department of Fire -Rescue indicating APPLICANT'S
coordination with members of the Fire Plan Review Section at
the Department of Fire -Rescue in the review of the scope of
the PROJECT, owner responsibility, building development
process and review procedures, as well as specific
requirements for fire protection and life safety systems,
exiting, vehicular access and water supply.
4.Obtain approval from, or provide a letter of assurance from
the Department of Solid Waste that the PROJECT has addressed
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all concerns of the said Department prior to the obtainment
of a shell permit.
5. Comply with the Minority Participation and Employment Plan
(including a Contractor/subcontractor Participation Plan)
submitted to the City as part of the Application for
Development Approval, with the understanding that the
APPLICANT must use its best efforts to follow the provisions
of the City's Minority/Women Business Affairs and
Procurement Program as a guide.
6. Prior to the issuance of a shell permit, 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.
7. Provide the Department of Planning and Zoning with a
temporary construction plan that includes the following: a
temporary construction parking plan, with an enforcement
policy; a construction noise management plan with an
enforcement policy; and a maintenance plan for the temporary
construction site; said plan shall be subject to the review
and approval by the Department of Planning and Zoning prior
to the issuance of any building permits and shall be
enforced during construction activity. All construction
activity shall remain in full compliance with the provisions
of the submitted construction plan; failure to comply may
lead to a suspension or revocation of this Major Use Special
Permit.
8. Pursuant to the UDRB and Planning and Zoning Department
review, the applicant shall modify the proposed drop off
area located on Biscayne Boulevard so that it functions as
an urban plaza with no vehicular circulation; the vehicular
drop off shall be relocated; final plans depicting a new
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vehicular drop off area shall be subject to review and
approval by the Planning and Zoning Director.
THE CITY SHALL:
Establish the operative date of this Permit as being
thirty (30) days from the date of its issuance; the issuance
date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the
Miami Comprehensive Neighborhood Plan 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 the Zoning Ordinance:
(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
the PROJECT will efficiently use necessary public
facilities; and
the PROJECT will not negatively impact
and natural resources of the City; and
the PROJECT will not adversely affect
and
the environment
public safety;
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(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be
mitigated through conditions of this Major Use Special
Permit.
The proposed development does not unreasonably interfere
with the achievement of the objectives of the adopted State Land
Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, 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.
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