HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE BLUE ON CORAL WAY 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 Blue on Coral Way Project (hereinafter referred to as the
"PROJECT") to be located at approximately 3170 S.W. 22nd Street
and 3163, 3165, and 3175 S.W. 22nd Terrace, 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
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 3170 S.W. 22nd Street and 3163, 3165,
and 3175 S.W. 22nd Terrace, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 40,720 square feet
and a net lot area of approximately 29,079 square feet of land
(more specifically described on "Exhibit B", incorporated herein
by reference). The remainder of the PROJECT's Data Sheet is
attached and incorporated as "Exhibit C".
The proposed PROJECT will be comprised of for the
construction of a 20 story mixed use building, which consists of
190 total multifamily residential units, 4,135 square feet of
retail space, 4,100 square feet of open recreational space with
recreational amenities, and a parking garage consisting of
approximately 331 total parking spaces.
The Major Use Special Permit Application for the PROJECT
also encompasses the following lower ranking Special Permits:
MUSP, as per Article 5, Section 502, PUD districts; to
increase the floor area by twenty percent (200), 25,668
square feet;
MUSP, as per Article 9, Section 914, a development bonus to
permit an additional 32,053 square feet of floor area x
$6.67 — $213,794.00 by contribution to the Affordable
Housing Trust Fund;
CLASS II, as per Article 6, Section 623.3.1, for a
Page A-2 of 10
construction fence within the SD-23 overlay district;
CLASS II, as per Article 6, Section 623.3.3, for development
of new construction within the SD-23 overlay district;
CLASS II, as per Article 9, Section 927, to allow temporary
off -site parking during construction;
CLASS II, as per Article 6, Section 620.8, for approval of
signage;
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 906.6, for active
recreational facilities (including swimming pools);
CLASS I, as per Article 4, Section 401, to allow a fitness
club open to the public;
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 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 1, as per Article 9, Section 906.9, to allow for a
special event, namely a groundbreaking ceremony;
VARIANCE, pursuant to the City of Miami Zoning Ordinance
11000 as amended, Article 4, Section 401, Schedule of
District Regulations, in required front yard, an upper level
setback.
Required: 30 feet front yard upper level setback
Proposed: 10 feet front yard upper level setback
Page A-3 of 10
Request to waive 20 feet front yard upper level setback
VARIANCE, pursuant to the City of Miami Zoning Ordinance
11000 as amended, Article 4, Section 401, Schedule of
District Regulations, in maximum allowed building footprint.
Maximum allowed building footprint: 29,846 square feet
Proposed: 39,000 square feet of building footprint
Request to waive 9,154 square feet of building footprint
VARIANCE, pursuant to the City of Miami Zoning Ordinance
11000 as amended, Article 4, Section 401, Schedule of
District Regulations, in required front yard.
Required: 10 feet front yard setback (arcade)
Proposed: 0 feet front yard setback
Request to waive 10 feet front yard setback
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, 9, 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
Page A-4 of 10
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 Rizo,
Carreno & Partners, dated October 15, 2003; the landscape plan
shall be implemented substantially in accordance with plans and
design schematics on file prepared by Mariano Corral, dated May
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 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) and in a SD-23 (Coral Way
Overlay 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:
Page A-5 of 10
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 $213,794.00 to the City of Miami
Affordable Housing Trust Fund for 32,053 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
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
Page A-6 of 10
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. 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;
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
Page A-7 of 10
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. 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.
10.Pursuant to the UDRB's and Planning and Zoning
Department's review, the applicant shall meet the following
condition that the townhouses shall remain as residential and
commercial shall be limited to C-1 along Coral Way to the
ground floor as shown in plans presented to UDRB June 18,
2003.
11. Pursuant to the Traffic Analysis Review, the applicant
shall revise their Traffic Analysis Study to eliminate any
inconsistencies in their methodology. The applicant shall
Page A-8 of 10
also meet FOOT's requirements regarding driveway spacing
standards and promote the use of transit facilities as well as
encouraging car/van pooling.
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
Page A-9 of 10
(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-10 of 10