HomeMy WebLinkAboutExhibit A - Modif"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
COLUMBUS OFFICE TOWER PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13 and 17
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 Columbus
Office Tower Project (hereinafter referred to as the "PROJECT"),
to be located at approximately 50 North Biscayne Boulevard,
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 mixed use development to be
located at approximately 50 North Biscayne Boulevard, Miami,
Florida. The PROJECT is located on a gross lot area of
approximately 112,030 square feet and a net lot area of
approximately 56,543 square feet o 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 a 38-story mixed
use building, which consists of 661,593 square feet of office
space, 29,508 square feet of retail space, and a parking garage
consisting of 1,260 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 691,101 square
feet of commercial space;
MUSP, as per Article 17 for. development of 1,260
spaces;
CLASS II, as per Article 9, Section 908.9,
on Biscayne Boulevard;
CLASS II, as per Article 4, Section
signage;
CLASS II, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS II, request a waiver as per The City of Miami's
Parking Guides and Standards for reduction of required
parking
for development
401, for approval of
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backup space twenty-two feet;
CLASS II, request a waiver as per The City of Miami's
Parking Guides and Standards for a sixteen -foot wide
sidewalk along East Flagler Street;
CLASS II, request a waiver as per The City of Miami's
Parking Guides and Standards for curb cut greater than forty
feet wide at the truck dock;
CLASS II, request waiver as per The City of Miami's Parking
Guides and Standards for a seventeen and one half foot wide
sidewalk along Northeast 3rd Avenue;
CLASS II, as per Article 9, Section 908.2, for access from a
public street roadway width greater than twenty-five (25)
feet;
CLASS II, as per Article 9, Section 922.1 and 923.2, a
request to reduce loading space(s) from 12 X 35 to 10 X 20;
CLASS II, as per Article 4, Section 401, to allow new
development in the Central Business District;
CLASS II, as per Article 4, Section 401, for a 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 construction during construction;
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 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 groundbreaking ceremony;
REQUEST that the following MUSP conditions be required at
the time of Temporary Certificate of Occupancy or Final
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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 13 and 17 of Zoning Ordinance No. 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.
The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Pickard
Chilton, dated November 24, 2003; the landscape plan shall be
implemented substantially in accordance with plans and design
schematics on file prepared by EDAW, Inc., dated November 19,
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; 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 CBD (Central
Business District), as contained in the Zoning Ordinance, the
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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
permit.
2. Allow the Miami
survey, at the
recommendations concerning security measures and
due prior to the issuance of a building
Police Department to conduct a security
option of the Department, and to make
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
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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 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,
7. 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
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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. 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.
9. Pursuant to the Traffic Impact Analysis Review, the
applicant shall work with the City in the facilitation of
the proposed northbound turn lane on Northwest 3rd Avenue
and the Northwest lst Street intersection. The applicant
shall also consider the option of a Metro Mover Station
internal to the project to promote the benefits of trip
reduction outlined in the Flagler Market Study.
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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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