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HomeMy WebLinkAboutExhibit A"EXHIBIT A" ATTACHMENT TO RESOLUTION NO. DATE: THE TUSCAN PLACE PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant to Articles 5, 13, and 17 of Ordinance No. 1.1000, 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 Tuscan Place Project (hereinafter referred to as the "PROJECT") to be located at approximately 501 Northwest 7`h Avenue; 600, 658, and 670 Northwest 6rh Street; 621, 625, 635, 637, and 647 Northwest 51-'n Street, Miami, Florida (see legal description in "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 501 Northwest 7th Avenue; 600, 658, and 670 Northwest 6` Street; 621, 625, 635, 637, and 647 Northwest 5`h Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 197,157 square feet and a net lot area of approximately 134,763 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 two residential towers consisting of 374 total multifamily residential units, a parking garage with approximately 515 parking spaces, and recreational amenities. 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 374 residential units; MUSP, as per Article 17 for parking structures of approximately 515 parking spaces; MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by 7.50 of the allowed twenty percent (20°s), approximately 349,137 total square feet; CLASS II, as per Article 9, Section 927, to allow temporary offsite parking during construction; Page A-2 of 9 CLASS II, as per Article 9, Section 908.2, for access from a public street roadway width greater than twenty-five feet; CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce loading spaces from 12 X 35 to 10 X 20; CLASS II, as per Article 4, Section 401, for temporary construction fence and covered walkway; 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 offsite parking for construction crews; CLASS I, as per Article 9, Section 906.6, for active recreational facilities; 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 920.1, to allow a trailer for construction and other temporary office uses such as leasing and sales; CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a ground breaking ceremony; SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 4, Section 401, Scheduled District Regulations, to allow multifamily residential structure of high density equal to R-4 in the C-2/ Liberal Commercial District.; SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as amended, Article 9, Section 917.7.2, to allow a reduction in parking requirements for a multifamily residential development when located in Community Revitalization Districts (CRD); PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness for ground disturbing activity in an Archeological Conservation Area; Page A-3 of 9 Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 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 in lieu of unity of title. Pursuant to Articles 5, 13, and 17 of Zoning Ordinance 11000, 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. Pursuant to Articles 5, 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-4 of 9 The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Albaisa Architects, dated October 30, 2003; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Albaisa Architects, dated October 30, 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-2 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 applicable 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 recommendations concerning security measures and systems; Page A-5 of 9 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. 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/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; Page A-6 of 9 said agreement shall be subject to the review and approval of the City Attorney's Office. 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 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. 9. The Applicant shall seek a recommendation from the Historic and Environmental Preservation Board for a Certificate of Appropriateness for ground disturbing activity within an Archeological Conservation area prior to the City Commission's consideration of this Major Use Special Permit; therefore the Applicant shall follow the Archeological Management Plan approved by the Historic and Environmental Preservation Board during the development process. 10. 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. 11. If the project is to be developed in phases, the Applicant shall submit an interim plan, including a landscape plan, Page A-7 of 9 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 Planning and Zoning. 12. Pursuant to the Planning & Zoning's Internal Design Review Committee, the applicant will need to articulate the parking garage fagade, surface parking opposite the lawn, and the driveway from the street, by providing sufficient .landscaping, and/or architectural element(s) to hide the surface parking from public view; relocate the loading area, or provide landscaping and/or architectural element(s) to minimize the impact of this condition. 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 Page A-8 of 9 (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-9 of 9