HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE MIAMI RIVER VILLAGE 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 Miami River
Village Project (hereinafter referred to as the "PROJECT") to be
located at approximately 300, 312, 316, 330, 340, 350 South Miami
Avenue, 18, 30, 40, 44, 50, 62, Southwest 3rd Street, and 15, 24,
25, 39 Southwest
4th
Street, 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 development to be
located at approximately 300, 312, 316, 330, 340, 350 South Miami
Avenue, 18, 30, 40, 44, 50, 62, Southwest 3rd Street, and 15, 24,
25, 39 Southwest 4th Street, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 324,066 square feet
and a net lot area of approximately 221,743 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 comprised of 1,304 multi -family
residential units, 92,043 square feet of office space, 23,419
square feet of retail space, 9,113 square feet of riverfront
restaurants, and approximately 1,992 total parking spaces. The
Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MUSP, as per Article 17, for development of 1,304
residential units.
MUSP, as per Article 17, for development of parking
structures containing a total of 1,994 parking spaces.
CLASS II, as per Article 6, Section 606.3, to permit new
construction in the SD-6 District.
CLASS II, as per Article 6, Section 606.4.1 (1), to permit
retail establishments within the SD-6 District.
CLASS II, as per Article 6, Section 606.4.1 (2), to permit
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service establishments within the SD-6 District.
CLASS II, as per Section 606.5.2, to permit outdoor food and
drink service in conjunction with the riverfront restaurant.
CLASS II, as per Section 906.7.3, to permit restaurant in
mixed use residential development containing more, than
dwelling units.
CLASS II, as per Section 906.7.3, to permit accessory
banking services (i.e., automatic teller machines) in mixed
use residential development containing more then 100
dwelling units.
CLASS II, as per Article 9, Section 908.2, to permit access
from a public street roadway width greater than 25 feet.
CLASS II, as per Article 9, Section 908.9, to permit
development on a waterfront yard property.
CLASS I, as per Article 9, Section 915.2, for FAA clearance
letter.
CLASS I, as per Article 9, Section 905.1.2, to ,permit
walkways, bicycle path from non -residentially zoned areas to
residentially zoned private lands.
CLASS I, as per Article 9, Section 906.6, for pool/outdoor
recreational area if deemed necessary by the Director.
CLASS I, as per Article 9, Section 917.1.2, to permit
offstreet parking facilities maintained with valet parking
for excess parking.
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage.
CLASS I, as per Article 9, Section 918.2, for parking and
staging of construction during construction.
CLASS I, as per Article 9, Section 920.1(d), to allow a
construction trailer.
CLASS I, as per Article 9, Section 920.1.2, to allow a
temporary sales office trailer.
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SPECIAL EXCEPTION, as per Article 16, to permit 6 loading
bays where 7 are required in the SD-6 District.
REQUEST that the following MUSP conditions be required at the
time of Temporary Certificate of Occupancy or Final Certificate
of Occupancy instead of at the issuance of foundation permit:
a. the requirement to provide a letter of assurance for Solid
Waste Department; and
b. 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; and
c. the requirement to record in the Public Records a unity of
title or covenant lieu of
unity of title.
REQUEST for Reservation of Downtown Development of Regional
Impact (DRI) credits.
a. the applicant is requesting that with the approval of the
MUSP, the City allocate
DRI credits for 1,304 residential units and 32,532 square
feet of retail use and restaurant use and 92,043 square feet
of office space.
PER CITY CODE, Chapter 23-5a, Request for a Certificate of
Appropriateness for ground disturbing activity in an
Archeological Conservation Area.
PER CITY COMMISSION & CITY CHARTER, waiver of Subpart A, Section
3 (mm) (ii) (13), of average side yards requirements equal in
aggregate to at least twenty-five (25) percent of the water
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frontage of lot based on average lot width.
Designation as a phased project, pursZant to Section 2502 of
Zoning Ordinance No. 11000, as amended.
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 Borges &
Associates, P.A., dated August 14, 2003; the landscape plan shall
be implemented substantially in accordance with plans and design
schematics on file prepared by Urban Resource Group, dated
August 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 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, ANID/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL
COMPLY WITH THE FOLLOWING:
1. Meet all applicable building Odes, land development
regulations, ordinances and other 4aws and pay all fees due
prior to the issuance of a building permit. Said fees shall
include deferred portion of application fees pursuant to
Section 62-158, deferring any ar;ount above the minimum
application fee of $5,000.00 for the MUSP application fee
for development in property lociated within the City's
Empowerment Zone and Community jRedevelopment District;
therefore the applicant shall pay the remaining application
balance in the amount of $40,000.00 at the request for a
building permit or for a period oie year from issuance of
the Major Use Special Permit, wh4chever comes first. The
APPLICANT shall further pay DRI ;(Development of Regional
Impact) Administrative and Recover? Fees within 30 days of
the effective date of this Major Use Special Permit, and all
remaining DRI fees prior to the; issuance of a building
permit.
2. Allow the Miami Police Departmenc. 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
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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 Fijre 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 aletter 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. Pursuant to the Department of Public Works, replatting shall
be required; the APPLICANT shall also provide Public Works
with plans for proposed sidewalk and Swale area improvements
for its review and approval prior to the issuance of a
building permit.
6. Comply with the Minority Participation and Employment Plan
(including a Contractor/subcontraFtor 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
Procurement Program as a guide.
7. Prior to the issuance of a shell
Business Affairs and
permit, provide the City
with an executed, recordable unity of title or covenant and
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.
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8 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 comp]iance with the provisions
of the submitted construction p1a1; failure to comply may
lead to a suspension or revocationlof this Major Use Special
I
Permit.
9 The APPLICANT shall seek approval] from the Historical and
Environmental Preservation Board ffor development within an
Archeological Conservation ared prior to the City
Commission's consideration of thisjMajor Use Special Permit.
10. In so far as this Major Use Special Permit includes the
subordinate approval of a series oif Class 1 Special Permits
for which specific details have plot yet been developed or
provided, the applicant shall p4ovide the Department of
Planning and Zoning with all subordinate Class i Special
Permit plans and detailed requirements for final review and
approval of each one prior to th issuance of any of the
subordinate approvals required in order to carry out any of
the requested activities and/or irrjprovements listed in this
development order or captioned in tt.he plans approved by it.
11. If the project is to be developed; in phases, the APPLICANT
shall submit an interim plan, including a landscape plan,
which addresses design details for',the land occupying future
phases of this PROJECT in the event that the future phases
are not developed, said plan shall include a proposed
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timetable and shall be subject to review and approval by the
Director of Planning and Zoning.
12. Pursuant to the UDRB and Planning and Zoning Department
review, the applicant will preserve the liner program along
the Miami River, and maintain the; integrity of liner uses
and articulation of river and street edges.
THE CITY SHALL:
Establish the operative date of this Permit as being
thirty (30) days from the date of i!ts 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 11989-2000, is consistent
with the orderly development and goals Of the City of Miami, and
complies with local land development regulations and further,
pursuant
(4)
to Section 1703 of the Zoning Qrdinance:
the PROJECT will have a favorable impact
of the City; and
the PROJECT will
facilities; and
the PROJECT will
efficiently
on the economy
Use public transportation
favorably affect the need for people
to find adequate housing reasonably accessible
places of employment; and
the PROJECT will efficiently use necessary public
facilities; and
to their
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(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.
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