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"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE TOWER TWENTY-SEVEN PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 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 Tower Twenty Project (hereinafter referred to as the
"PROJECT") to be located at approximately 2700, 2730, 2742, 2744,
2746 Southwest 27th Avenue, and 2701 Southwest
2th
Court, 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 2700, 2730, 2742, 2744, 2746 Southwest
27th Avenue, and 2701 Southwest 27th Court, Miami, Florida. The
PROJECT is located on a gross lot area of approximately 82,764
square feet and a net lot area of approximately 56,628 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 to be comprised of 181 multifamily
residential units, 6,400 square feet of retail space, and
approximately 307 total parking spaces.
The Major Use Special Permit Application for the PROJECT also
encompasses the following lower ranking Special Permits:
MUSP, as per Article 9, Section 914, a development bonus to
permit a mixed use of 36,337 square feet of floor area x
$6.67 by contribution to the Affordable Housing Trust Fund.
MUSP, as per Article 9, Section 914.2, FAR bonus for lots in
vicinity of Metrorail and Metromover, a ten percent (10%)
increase in allowable floor area ratio when consistent with
the Miami Comprehensive Neighborhood Plan, 1989-2000.
MUSP, as per Article 5, Section 502, PUD Districts; to
increase the floor area by twenty percent (20%), 29,096
square feet.
CLASS I, as per Article 9, Section 925.3.8, to allow
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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, to allow a trailer
for construction and other temporary offices uses such as
leasing and sales.
CLASS I, as per Article 9, Section 906.6 for pool/outdoor
recreation area.
VARIANCE, pursuant to the City of Miami Zoning Ordinance
No. 11000 as amended, Article 4, Section 401, Schedule of
District Regulations, maximum building footprint. The
request is as follows:
Maximum allowed 33,802 square feet
Proposed 45,435 square feet
Request to increase by 11,633 additional square feet.
**Subject to Commission approval for vacation of existing
alley (ROW) with an area of approximately 6,423 square feet.
**Subject to Commission approval for Rezoning from R-2 (Two
Family Residential District to C-1 (Restricted Commercial).
Pursuant to Articles 5, 9, 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 Stuart.
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Cohen, AIA, dated September 24, 2003, the landscape plan shall be
implemented substantially in accordance with plans and design
schematics on file prepared by Fuster Design Associates, 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; 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-1
(Restricted Commercial 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.
2. Pay contribution of $242,367.79 to the City of Miami
Affordable Housing Trust Fund for 36,337 square feet of
increased development.
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(*this contribution is based on $6.67 per square foot of
increased development and shall be adjusted to the
coefficient in place at the time of payment.)
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 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.
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
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of a shell permit.
6.Pursuant to the Department of Public Works, replatting shall
be required; the Applicant shall also provide Public Works
with plans for proposed closure of north/south and east/west
alleyways located on the development for its review and
approval prior to the issuance of a building permit.
7. 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.
8. Prior to the issuance of a shell permit, provide the City
with an executed, recordable 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 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
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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.
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. Pursuant to the UDRB's and Planning and Zoning Department's
review, the applicant shall be required to check firewall
requirements in order to make sure that openings on affected
facade remain as shown in drawings presented at the UDRB,
and provide landscape plan for recreation deck to be
reviewed by staff.
12. Prior to application for Public Hearing of the City
Commission, the applicant shall continue to work with the
City's Transportation Department regarding traffic omissions
submitted in the applicant's traffic analysis.
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13. This approval is conditioned upon Commission approval for
vacation of existing alley (ROW) with an area of
approximately 6,423 square feet.
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
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(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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