HomeMy WebLinkAboutExhibit A - 5th Modif"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
VILLA MAGNA (F.K.A. BAYSHORE PALMS MUSP PHASE II)
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 13, 17 and 22 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 Substantial Modification to a Major Use Special Permit for the Villa Magna
(f.k.a. Bayshore Palms MUSP Phase II), Resolution No. 98-450 (hereinafter referred to
as the "PROJECT") to be located at 1201 Brickell Bay Drive, Miami, Florida (see legal
description on "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 Substantial Modification
to a Major Use Special Permit and issues this Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed -use development to be located at 1201
Brickell Bay Drive, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 3.7± acres and a net lot area of approximately 2.5± acres of land (more
specifically described on "Exhibit B", incorporated herein by reference). The PROJECT
is a proposal to allow a modification to construct two residential towers consisting of a
total of 787 units which may consist of multifamily and/or apartment hotel units, with
recreational amenities, 32,950 square feet of retail space, and approximately 1,520
parking spaces; to replace the previously approved development plan; providing for
certain Floor Area Ratio ("FAR") Bonuses specified in Exhibit "C" herein.
This Permit also includes the following requests:
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per
Article 17, Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as
amended, to allow a change in the original permit (substantial modification to previously
approved Resolution No. 98-450);
ALL previous approvals granted by Resolution No. 98-450 to remain unchanged
except as stated above.
Pursuant to Articles 5, 9, 13, 17 and 22 of Zoning Ordinance 11000, approval of
the requested Substantial Modification to a 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 The Corradino Group, dated January 12, 2004, as
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modified on August 4, 2004 and further modified by City Commission action on October
28, 2004 ; and
The PROJECT conforms to the requirements of the SD-5 (Brickell Avenue Area
Office -Residential 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.
2. Pay all applicable fees due prior to the issuance of a building permit.
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
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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 projection 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 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) as submitted to the City's
Planning & Zoning Department.
7. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy,
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 in perpetuity.
8. Prior to the issuance of a shell permit, demonstrate to the City that the
condominium documents have been filed with the State of Florida; or (b)
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.
9. Provide the Department of Public Works with plans for proposed sidewalk and
swale area improvements for its review and approval prior to the issuance of a
building permit.
10. Provide the Department of Planning and Zoning with a temporary parking plan,
including an operational plan, which addresses construction employee parking
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during the construction period, said plan shall include an enforcement plan and
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.
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 timetable and shall be
subject to review and approval by the Director of the Department of Planning
and Zoning.
12. Pursuant to the UDRB and Planning and Zoning Department's review, the
applicant shall meet the following conditions; Awning cover the sidewalk at a
reasonable length; Materials will be submitted for review and approval by
Planning Director; Brickell Bay Drive facade to be articulated as in the sketches
presented to the UDRB.
13. The applicant shall continue to work with the Planning and Zoning Department
to add liner uses to the Brickell Bay Drive frontage of the parking garage as
well as to appropriately articulate any exposed garage facades.
14. The applicant shall conduct an updated traffic signalization study for Brickell
Avenue and forward findings and a mitigation strategy to the City, County and
FDOT.
15. A development bonus to permit 161,486 square feet of floor area to be paid to
the Affordable Housing Trust Fund at an amount of $12.40 per square foot =
$2,002,426.40 (per Article 6, Section 605).
16. The Applicant shall comply with the conditions of approval by HEPB Resolution
# 2004-63 during the development process: Archeological monitoring during
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ground disturbing activity shall be provided by the Archeological and Historical
Conservancy, Inc. in accordance with their management plan; The City
Archeologist will be notified prior to construction activities and in the event of a
significant discovery, as per the management plan submitted; A final report
shall be submitted to the City Archeologist documenting the results of this
investigation.
17. Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development Order
runs with the land and is binding on the Applicant, its successors, and assigns,
jointly or severally.
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, as amended, 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
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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 Substantial Modification to a 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, off-street 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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