HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
EVERGLADES ON THE BAY PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 Everglades on
the Bay Project (hereinafter referred to as the "PROJECT") to be
located at approximately 244 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 244 Biscayne Boulevard, Miami, Florida.
The PROJECT is located on a gross lot area of approximately
209,968 square feet and a net lot area of approximately 122,158
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, which consists of 870 total multifamily units with
recreational amenities, 65,549 square feet of retail space, and
approximately 1,146 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
units;
MUSP, as per Article 17 for parking
approximately 1,146 parking spaces;
CLASS II, as per Article 4, Section 401,
new construction within the CBD district;
CLASS II, as per Article 9, Section 927,
off -site parking during construction;
CLASS II, as per Article 4, Section 401, for a temporary
construction fence and covered walkway;
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS 1, as per Article 9, Section 906.6, for active
recreational facilities (including swimming pools);
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 during construction;
870 residential
structures of
for development of
to allow temporary
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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 watchman'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;
Note: Designation as a phased development pursuant to
Section 2502 of Ordinance No. 11000.
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 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.
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The PROJECT shall be constructed substantially in accordance
with plans and design schematics on file prepared by Fullerton
Diaz Architects, Inc., dated December 8, 2003; the landscape plan
shall be implemented substantially in accordance with plans and
design schematics on file prepared by Bradshaw Gil & Associates,
dated December 4, 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
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.
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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;
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. 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
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APPLICANT must use
s 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 a recorded copy of the MUSP permit resolution and
development order, and further, 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 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
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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. 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.
10. Pursuant to the Traffic Impact Analysis Review, the
applicant is strongly encouraged to commit to a TCM
(Transportation Control Measures) Plan subject to the review
and approval of the Planning and Zoning Director, prior to
the issuance of a building permit.
11. Pursuant to the UDRB's and Planning and Zoning Department's
review, the applicant shall meet the following conditions;
utilize the materials as presented to the UDRB on December
17, 2003; and restudy the tower articulation to the ground
level.
THE CITY SHALL:
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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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