HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
DUPONT TOWERS 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 Dupont Towers Project (hereinafter
referred to as the "PROJECT") to be located at approximately 300 Biscayne Boulevard
Way, 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 mixed -use development to be located at
approximately 300 Biscayne Boulevard Way, Miami, Florida. The PROJECT is located
on a gross lot area of approximately 229,452 square feet and a net lot area of
approximately 137,847 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 two luxury towers containing 1,228
multifamily residential units and 62 hotel units both with recreational amenities, 9,982
square feet of retail space, 20,010 square feet of restaurant/cafe space, and two 14-
story parking garages with approximately 1,481 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 1,290 residential units;
MUSP, as per Article 17 for parking structures of approximately 1,481 parking
spaces;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway
width greater than twenty-five feet;
CLASS II, as per Article 9, Section 922.1 and 923.2, a request to reduce three
loading spaces from 12' x 55' to six 12' x 35' and reduce one 12' x 35' to two 10'
x 20';
CLASS II, as per Article 4, Section 401, to request for signage approval;
CLASS II, as per Article 4, Section 401, for development of new construction
within the CBD district;
CLASS II, as per Article 4, Section 401, for a temporary construction fence and
covered walkway;
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
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construction;
CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite
parking for construction crews;
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
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
ground breaking ceremony;
SPECIAL EXCEPTION as per Article 9, Section 917.1.2, to allow valet parking
for hotel and restaurant up 50% of existing off-street parking spaces;
SPECIAL EXCEPTION as per Article 4, Section 401, to allow bar/lounge open to
the public with the CBD/Central Business District;
PER CITY CHARTER, Section 3(mm)(ii) and (iii) to waive side yard and setback
from the sea wall requirements for small portion of setback located at northeast
corner to the northwest corner of the property;
PER CITY CODE, Chapter 23-5a, Request for a Certificate of Appropriateness
for ground disturbing activity in an Archeological Conservation Area.
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:
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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
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 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 Revuelta Vega Leon, P.A., dated January 23,
2004; the landscape plan shall be implemented substantially in accordance with plans
and design schematics on file prepared by Urban Resource Group, dated January 21,
2004; 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 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
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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. 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 building permit.
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5. Obtain approval from, or provide a letter of assurance from the Department of
Public Works that the PROJECT has addressed all concerns of the said
Department prior to the obtainment of a building 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 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.
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 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.
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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. The Applicant shall follow the Archeological Management Plan approved on
November 18, 2003 (Resolution # 2003-88) by the Historic and Environmental
Preservation Board during the development process.
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 Planning and Zoning.
12. Pursuant to the Traffic Analysis Review, the applicant shall revise their traffic
report to eliminate any inconsistencies. The applicant should present a
Transportation Control Measure (TCM) plan that clearly identifies specific
commitments to encourage the use of transit facilities, and car/vanpooling. The
implications of such commitments should be monitored consistent with the City's
comprehensive plan requirements. The applicant shall work with the Florida
Department of Transportation (FDOT) regarding the dedication of the right-of-
way, located west of the subject property, along the Brickell Avenue Bridge.
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13. Pursuant to the UDRB's and Planning and Zoning Department's review, It is
found that the proposed project was reviewed for design appropriateness by the
Urban Development Review Board, which recommended approval with the
following conditions; utilize the materials boards and 3D renderings for project
that are to be part of the approval as submitted and presented to the UDRB on
January 21, 2004.
14. The applicant shall comply with all of Section 2 of the Design Standards and
Guidelines for baywalks/riverwalks and shall also ensure for the connectivity to
the adjacent riverwalks.
15. The applicant shall provide public access to waterfront walkways/riverwalks as
stated in Section 401 (CBD) of the City Zoning Code.
16. Pursuant to the Miami River Commission's review on February 2, 2004, it found
the proposed project to be consistent with the award winning Miami River
Corridor Urban Infill Plan, and to be consistent with the Miami River Greenway
Action Plan; and thus the MRC recommended approval with the following
condition; that the developer extends the publicly accessible riverwalk over the
vacant "Claughton Tract" in order to connect with "One Miami's" riverwalk,
directly east of the Dupont site.
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.
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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.
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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