HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE GABLES MARQUIS 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 "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 Gables Marquis Project (hereinafter referred to as the
"PROJECT") to be located at approximately 3202 and 3232 SW 22nd
Street; 2230 SW 32nd Avenue and 3211, 3215, 3225, 3235 and 3245
SW 22nd Terrace, Miami, Florida (see legal description in
"Exhibit B", attached and incorporated), 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:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a residential/mixed-use development
to be located at approximately 3202 and 3232 SW 22nd Street; 2230
SW 32nd Avenue and 3211, 3215, 3225, 3235 and 3245 SW 22nd
Terrace, Miami, Florida. The PROJECT is located on a gross lot
area of approximately 100,539 square feet and a net lot area of
approximately 71,780 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 177 units, 11,700 square
feet of commercial use; recreational amenities and 335 parking
spaces.
The Major Use Special Permit Application for the PROJECT
also encompasses the following lower ranking Special Permits:
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, to
permit recreation facilities;
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CLASS I SPECIAL PERMIT as per Section 915.2 for FAA
clearance letter;
CLASS I SPECIAL PERMIT as per Article 9, Section 925.3.8,
to allow development/construction signage;
CLASS I SPECIAL PERMIT as per Article 9, Section 918.2 for
offsite parking and staging of construction during
construction;
CLASS I SPECIAL PERMIT as per Article 9, for construction
trailer with watchman's quarters and other temporary office
uses such as leasing and sales;
CLASS I SPECIAL PERMIT for valet parking;
CLASS I SPECIAL PERMIT as per Article 9, Section 918.2 to
allow temporary off-street offsite parking for construction
crews;
CLASS II SPECIAL PERMIT as per Article 9, for construction
fence within in the SD-23 Overlay District;
CLASS II SPECIAL PERMIT as per Article 6, Section 623, for
new development in the SD-23 zoning district.
PER CITY CODE, Chapter 17-32(b), request for certificate of
approval for property adjacent to a Scenic Transportation
Corridor.
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Major Use Special Permit, per Article 5, Section 502(c),
PUD districts; minimum area, maximum densities and maximum
floor area ratios permitted to increase by twenty percent
(34,585 square feet) of additional floor area.
Major Use Special Permit, per Article 9, Section 914, a
development bonus to permit a residential use of 43,232
square feet of floor area x $6.67 = $288,357, by
contribution to the Affordable Housing Trust Fund.
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 provide a letter of assurance
for the Solid Waste Department; and
b. 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.
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The PROJECT shall be constructed substantially in
accordance with plans and design schematics on file prepared by
Cohen, Freedman, Encinosa & Associates Architects, P.A., dated
March 2003; the landscape plan shall be implemented
substantially in accordance with plans and design schematics on
file prepared by Fuster Design Associates, P.A., dated March 14,
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 C-1 Zoning
District, as contained in the Zoning Ordinance of the City of
Miami, Florida, as amended. A contribution of $288,357 to the
City's Affordable Housing Trust Fund shall be required at time
of building permit pursuant to Article 9 of Zoning Ordinance
11000, as amended, for consideration of the requested
development bonus of 34,585 square feet.
The existing comprehensive plan future land use designation on
the subject property allows the proposed uses.
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CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
I. Meet all applicable building codes, land development
regulations, ordinances and other laws.
2. Pay all applicable fees due prior to the issuance of a
building permit; including a contribution of $288,357 to
the City's Affordable Housing Trust Fund.
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 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.
4. 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.
5. Obtain approval from, or provide a letter of assurance from
the Department of Solid Waste that the PROJECT has
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addressed all concerns of the said Department prior to the
obtainment of a shell permit.
6.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.
7. 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.
8. Prior to the issuance of a shell permit, provide the City
with an executed, recordable covenant for the subject
property requiring construction of the proposed project on
the subject property and allowing for modifications only
subject to City Commission approval; said agreement shall
be subject to the review and approval of the City
Attorney's Office.
9. 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
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to comply may lead to a suspension or revocation of this
Major Use Special Permit.
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
(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
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(5) 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 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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