HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
METROPOLITAN MIAMI PROJECT
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13, 17, and 22 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
Substantial Modification to a Major Use Special Permit for the Metropolitan Miami
Project, Resolution No. 02-1249 (hereinafter referred to as the "PROJECT") to be
located at approximately 300 & 200 S.E. 3rd Street and 200 S.E. 2"d Street, 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 Substantial
Modification to a Major Use Special Permit and issues this Permit:
PROJECT DESCRIPTION:
FINDINGS OF FACT
The proposed PROJECT is a mixed -use development to be located at
approximately 300 & 200 S.E. 3`d Street and 200 S.E. 2nd Street, Miami, Florida. The
PROJECT is a proposal to relocate the residential building on "Parcel B" approximately
eight feet south of the approved location to allow for the right-of-way dedication with the
City's desired realignment of S.E. 3rd Street.
This Permit also includes the following requests:
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow a change in the original permit (substantial modification to previously approved
Resolution No. 02-1249). Said change does not affect approved non-residential floor
area of approximately 240,000 square feet, parking structures consisting of
approximately 4,284 spaces, and 1,500 residential units.
VARIANCE of Section 401 of the Zoning Code to permit setback of 0 feet from SE 4th
Street where 5 feet is required.
ALL previous approvals granted by Resolution No. 02-1249 to remain unchanged
except as stated above.
Pursuant to Articles 13, 17, and 22 of Zoning Ordinance 11000, approval of the
requested Substantial Modification to a 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 Nichols Brosch Sandoval & Associates, Inc.,
dated December 23, 2003; and
Page A-2 of 7
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.
2. Pay all applicable fees due prior to the issuance of a building permit.
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 projection and life safety systems, exiting,
vehicular access and water supply.
Page A-3 of 7
5. Obtain approval from, or provide a letter of assurance from the Department of
Solid Waste that the Project has addressed ail 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) as submitted to the City's Planning
& Zoning Department.
7. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership,
operation and maintenance of ail common areas and facilities will be by the
property owner or a mandatory property owner association in perpetuity.
8. Prior to the issuance of a shell permit, demonstrate to the City that the
condominium documents have been filed with the State of Florida; or (b) 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 Public Works with plans for proposed sidewalk and
swale area improvements (including implementation of the Burle Marx Plan for
Biscayne Boulevard) for its review and approval prior to the issuance of a
building permit.
10. Provide the Department of Planning and Zoning with a temporary parking plan,
including an operational plan, which addresses construction employee parking
during the construction period, said plan shall include an enforcement plan and
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.
Page A-4 of 7
11. 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 the Department of Planning and
Zoning.
12. The Applicant shall follow the Archeological Management Plan, approved on
November 19, 2002 (Resolution # 2002-68) by the Historic and Environmental
Preservation Board, during the development process.
13. Within 90 days of the effective date of this Development Order, record a certified
copy of the Development Order specifying that the Development Order runs with
the land and is binding on the Applicant, its successors, and assigns,. jointly or
severally.
14. Given the significance of the subject properties in the heart of the downtown
area, the Applicant shall provide for decorative construction fencing while the
project is being built; design of such fencing shall be subject to review and
approval by the Director of Planning and Zoning.
15. The Applicant shall continue to work with the Planning and Zoning Department to
address design issues related to the building rooftops in order to address
concerns associated with the final building elevations and consistency of
architectural elements; and with regards to trying to reduce the depicted curb cut
for the proposed service and vehicular access to the building on the north side.
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.
Page A-5 of 7
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 Substantial Modification to a 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
Page A-6 of 7
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-7 of 7