HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
INFINITY AT BRICKELL 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 Infinity at Brickell Project
(hereinafter referred to as the "PROJECT") to be located at approximately 40 SW 13th
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 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 40 SW 13th Street, Miami, Florida. The PROJECT is located on a gross
lot area of approximately 52,500 square feet and a net lot area of approximately 43,500
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 residential towers, which
consists of 459 total multifamily units with recreational amenities, 61,540 square feet of
office space, 6,727 square feet of retail space, and approximately 590 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 459 residential units;
MUSP, as per Article 17 for parking structures of approximately 590 parking
spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 84,000 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use
of 72,047 square feet of floor area will be paid to the Affordable Housing Trust
Fund at the applicable rate at time of permitting;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
within the Central Brickell Rapid Transit Commercial -Residential District;
CLASS II, as per Article 4, Section 401, for a temporary construction fence and
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covered walkway;
CLASS II, as per Article 4, Section 401, for signage approval;
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;
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;
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;
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
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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 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 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 Borges & Associates, dated February 6, 2004;
the landscape plan shall be implemented substantially in accordance with plans and
design schematics on file prepared by Kimley Horn & Associates, dated February 6,
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 SD-7 (Central Brickell Rapid
Transit 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 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
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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.
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 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
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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 on
January 21, 2004, the applicant shall meet the following conditions; Re -study
west elevation to match rendering as provided to UDRB; Parking garage is not
flush, it is articulated within 3 foot setback; Final composition should be detailed
as 3D rendering.
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, is consistent with the orderly development and
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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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