HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE RIVER PLACE 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 River Place
Project (hereinafter referred to as the "PROJECT") to be located
at approximately 615 Southwest
2 nd
Avenue, 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 615 Southwest 2nd Avenue, Miami,
Florida. The PROJECT is located on a gross lot area of
approximately 146,737 square feet and a net lot area of
approximately 100,611 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 455 multi -family
residential units, 225,000 square feet of office space, 20,000
square feet of retail space, and approximately 1,006, 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 455 residential
units;
MUSP, as per Article 17 for development of 243,639 square
feet of non-residential floor area;
MUSP, as per Article 17 for parking structures of
approximately 1,006 parking spaces;
CLASS II, as per Article 6, Section 607.3.1, for development
of new construction within the Central Brickell Rapid
Transit Commercial -Residential District;
CLASS II, as per Article 4, Section 401, for a temporary
construction fence and covered walkway;
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CLASS II, request waiver of Parking Guides and Standards, to
allow maneuvering of loading on public right-of-way;
CLASS II, as per Article 15, Section 1514, for development
of property located between the Miami River and the first
dedicated right-of-way;
CLASS II, as per Article 9, Section 908.9, for development
within waterfront yard;
CLASS II, as per Article 6, Section 607.8.3, to allow open
space and/or residential recreation space in addition to
required yards;
CLASS I, as per Article 9, Section 906.6, for active
recreational facilities (including swimming pools);
CLASS I, as per Article 9, Section 401, to allow fitness
club open to public;
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I, as per Article 9, Section 917.1.2, to allow valet
parking for commercial and residential use;
CLASS I, as per Article 9, Section 920.1, to allow a
construction trailer and watchmen's quarters;
CLASS I, as per Article 9, Section 906.9 to allow for a
special event namely a ground breaking ceremony;
VARIANCE, to waive side yard and setback from the sea wall
requirements for small portion of setback located at the
northeast corner of the property;
VARIANCE, to waive its natural scenic beauty view corridor
for a portion of the property where clearance for the view
corridor is limited to approximately 31 feet;
SPECIAL EXCEPTION, as per Article 6, Section 607.4.3 for
drive through facilities for financial institutions and
marinas;
SPECIAL EXCEPTION, as per Article 9, Section 917.1.2, to
allow restaurant parking facilities maintained with valet
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parking up to fifty percent of required off street parking
spaces;
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) (B), of average side yards requirements
equal in aggregate to at least twenty-five (25) percent of
the water frontage of lot based on average lot width.
Designation as a phased project, pursuant to Section 2502 of
Zoning Ordinance No. 11000, as amended.
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 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
b. the requirement to record in the Public Records a unity of
title or covenant 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
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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 September 22, 2003; the landscape plan
shall be implemented substantially in accordance with plans and
design schematics on file prepared by EDAW, dated September 23,
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-7 Zoning
District, 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.
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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
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 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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7. Provide the Department of Planning and Zoning with a
temporary
temporary
construction plan that includes the following: a
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. The APPLICANT shall seek approval from the Historical and
Environmental Preservation Board for development within an
Archeological Conservation area prior to the City
Commission's consideration of this Major Use Special Permit.
9. In so far as this Major Use Special Permit includes the
subordinate approval of a series of Class I Special Permits
for which specific details have not yet been developed or
provided, the applicant shall provide 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 the issuance of any of the
subordinate approvals required in order to carry out any of
the requested activities and/or improvements listed in this
development order or captioned in the plans approved by it.
10. If the project is to be developed in phases, the APPLICANT
shall submit an interim plan,
which addresses design details
phases of this PROJECT in the
including a landscape plan,
for the land occupying future
event that the future phases
are not developed, said plan shall include a proposed
timetable and shall be subject to review and approval by the
Director of Planning and Zoning.
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11. Pursuant to the UDRB's and the Planning and Zoning
Department's reviews, the applicant will need to modify the
parking garage along 7th Street, so when turning the corner,
must not look like a parking garage, but instead resemble
the office tower with spandrel glass/shadow box;
illuminating either/or systems with lighting or glazing.
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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
(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.
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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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