HomeMy WebLinkAboutExhibit A - Modif"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE ROYAL ATLANTIC PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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 Royal Atlantic
Project (hereinafter referred to as the "PROJECT") to be located
at approximately 1001 Northwest 7th 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 1001 Northwest 7th Street, Miami,
Florida. The PROJECT is located on a gross lot area of
approximately 384,189 square feet and a net lot area of
approximately 274,882 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 27 story
buildings with a total of 744 multifamily residential units,
9,400 square feet of retail space, and approximately 1,073 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 774 residential
units;
MUSP, as per Article 17 for parking structures of
approximately 1,078 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to
increase the floor area by twenty percent (200), 132,154
square feet;
CLASS II, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS II, as per Article 9, Section 922.1 and 923.2, a
request to reduce four loading spaces from 12 X 35 to 10 X
20;
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
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staging of offsite parking for construction crews;
CLASS I, as per Article 4, Section 401, to allow a fitness
club open to the public;
CLASS I, as per Article 9, Section 906.6, for active
recreational facilities (including swimming pools);
CLASS I, as per Section 915.2 for FAA clearance letter;
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 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;
PER CITY CODE, Chapter 23-5a, Request for a Certificate of
Appropriateness for ground disturbing activity in an
Archeological Conservation Area;
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
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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 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 Brito, Cohan
& Associates dated October 23, 2003; the landscape plan shall be
implemented substantially in accordance with plans and design
schematics on file prepared by Design Studio Boca, dated October
22, 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-1
(Restricted Commercial District), however the applicant has
submitted an application to change the current zoning from SD-4
(Waterfront Industrial District), as contained in Ordinance
No. 11000 of the City of Miami, Florida, as amended. The proposed
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comprehensive plan future land use designation for 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. Pay contribution of $234,343.78 to the City of Miami
Affordable Housing Trust Fund for 35,134 square feet of
increased development. *
(*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
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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
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 sidewalk and swale area
improvements 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.
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8. 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.
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
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. 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.
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11. 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.
12. 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 Planning and Zoning.
13. Pursuant to the UDRB's and Planning and Zoning Department's
review, the applicant shall meet the following conditions:
relocate all service to llth Avenue to enhance green space
and remove service away from River's Edge; create a new
access point to Riverwalk that is better suited at the end
of llth Avenue; re -study west elevation to break down
massing of long wall on west facade; push retail wall out to
the edge of building providing a wider sidewalk; remove
covered walkway, remove shrubs; and articulate the parking
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facades so that they so not look like a parking garage. The
Planning and Zoning Department's review resulted in design
modifications, which were then approved by the Planning and
Zoning Director.
14. Prior to application for Public Hearing of the City
Commission, the applicant shall continue to work with the
City's Transportation Department regarding traffic
inconsistencies submitted in the applicant's traffic
analysis.
15. Pursuant to the Zoning Board's decision of December 15,
2003, an approval with conditions for a change of zoning
shall be added to this Major Use Special Permit. (For
additional information, see the Zoning Board's Resolution of
December 15, 2003).
16. Prior to the issuance of a building permit, the Applicant
will provide to the Planning Director proof of the language
in the condominium documents that was proffered at the
February 26, 2004, City Commission meeting. The proffered
language substantially indicated the following: The
condominium documents will reflect that the condominium unit
purchaser is purchasing property on a working river and
consequently there may be noise associated with normal
working river activity.
17. The riverwalk shall remain open to the public during the
same hours as all City parks.
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18. There will be no residential or commercial structures built
on any of the green space.
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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