HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE VILLAGGIO 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 Villaggio Project (referred to as the "PROJECT") to be
located at approximately 2745, 2749, 2755, 2765, 2803, 2823, and
2833 Coconut Avenue and 2740-2744, and 2754 Southwest 28th
Avenue, Miami, Florida (see legal description on "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 development to be
located at approximately 2745, 2749, 2755, 2765, 2803, 2823, and
2833 Coconut Avenue and 2740-2744, and 2754' Southwest 28th
Avenue, Miami, Florida. The PROJECT is located on a gross lot
area of approximately 67,000 square feet and a net lot area of
approximately 57,000 square feet of land (more specifically
described in "Exhibit B," incorporated by reference). The
remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit C."
The proposed PROJECT will be a residential building with up
to 86 residential units, recreational amenities and approximately
118 parking spaces.
The Major Use Special Permit Application for the PROJECT
also encompasses the following lower ranking Special Permits:
MUSP, as per Article 9, Section 914, a development bonus to
permit a residential use of 15,537 square feet of floor area
$6.67 = $103,631, by contribution to the Affordable Housing
Trust Fund.
MUSP, as per Article 5, Section 502, PUD districts; to
increase the floor area by twenty percent.
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, for
access from a public street roadway width greater then 25
feet.
CLASS II SPECIAL PERMIT as per Article 15, Section 1512, to
request a waiver of City of Miami Parking Guides and
Standards for reduction of required backup space for
parking.
Page A-2 of 7
CLASS II SPECIAL PERMIT as per Article 15, Section 1512, to
request a waiver of City of Miami Parking Guides and
Standards for reduction of required width for a two-way
drive.
CLASS II SPECIAL PERMIT as per Article 9, Section 922.1 and
923.2, a request to waive and modify backup and dimensions
of loading.
CLASS II SPECIAL PERMIT for approval of signage.
CLASS II SPECIAL PERMIT as per Article 6, Section 603, for
new construction.
CLASS I SPECIAL PERMIT as per Article Section 925.3.8, to
allow development/construction/rental signage.
CLASS I SPECIAL PERMIT as per Article 9, Section 918.2, for
parking and staging of construction during construction.
CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to
allow a trailer for construction and other temporary office
uses such as leasing and sales.
CLASS I SPECIAL PERMIT as per Article 9, Section 906.6, for
pool/outdoor recreation area.
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
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.
Pursuant to Articles 5, 9, 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.
Page A-3 of 7
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Sotolongo
Architects, dated August 8, 2003 (revised September, 2003); the
landscape plan shall be implemented substantially in accordance
with plans and design schematics on file prepared by Rosenberg
Gardner Design, 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 R-3/SD-19
and 0/SD-3 Zoning Districts, as contained in the Zoning
Ordinance, the Zoning Ordinance of the City of Miami, Florida, as
amended. The existing 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
Page A-4 of 7
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
Planning and Zoning
impractical.
3. Obtain approval
the
why
Director
of the Department of
such recommendations are
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
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 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
Page A-5 of 7
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 landscape
plans to indicate the increase in the amount of landscaping
as requested.
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:
Page A-6 of 7
(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 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.
Page A-7 of 7