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 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. 2nd 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:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed -use development to be located at
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approximately 300 & 200 S.E. 3rd Street and 200 S.E. 2nd Street, Miami, Florida. The
PROJECT is a proposal, which allows a change in the original application from 227,625
square feet of non-residential floor area and 4,284 parking spaces (as modified by
Resolution No. 02-1249) to approximately 736,700 square feet and 3,716 parking
spaces; and to preserve the 1,500 dwelling units approved pursuant to Resolution No.
02-1249.
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 application (substantial
modification to previously approved Resolution No. 98-1151) from 227,625
square feet nonresidential floor area (as modified by Resolution No. 02-1249) to
approximately 736,700 square feet.
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 application (substantial
modification to previously approved Resolution No. 98-1151) from parking
structures consisting of 4,284 spaces (as modified by Resolution No. 02-1249) to
approximately 3,716 spaces.
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MAJOR USE SPECIAL PERMIT, per Article 17, Section 1701, and Article 22 of
City of Miami Zoning Ordinance 11000, as amended, to preserve the 1,500
dwelling units approved pursuant to Resolution No. 02-1249.
This Permit also includes the following requests:
SPECIAL EXCEPTION, as per Article 4, Section 401, to allow for bars, saloons,
taverns and/or supper clubs;
SPECIAL EXCEPTION, as per Article 9, Section 915.2 for FAA Clearance letter;
CLASS II, as per Article 9, Section 922.4(c), to allow maneuvering of trucks on
public rights of way;
CLASS II, as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS II, as per Article 9, Section 906.9, to allow for a special event namely a
groundbreaking ceremony;
CLASS II, as per Article 4, Section 401, to allow for child day care facilities;
CLASS II, as per Article 9, Section 922.4(d), to allow backing into a street;
CLASS II, as per Article 4, Section 401, for development of new construction
within the Central Business District;
CLASS II, as per Article 9, Section 908.2, for access from a public street
roadway width greater than 25 feet;
CLASS II, as per Article 4, Section 401, to approve open space and/or
residential recreation space as shown on the plans;
CLASS II, as per Article 4, Section 401, to allow for wholesale activities at the
ground floor level along designated primary pedestrian pathways so long as
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ground floor footage consists of a retail or open to the public component;
CLASS II, as per Article 4, Section 401, to allow for parking garages;
CLASS II, as per Article 4, Section 401, to allow for outdoor eating areas,
outdoor cafes, outdoor display and sale of food or live flowers and plants;
CLASS II, as per Article 9, Section 922.8 to allow for combined off-street loading
facilities;
CLASS II, as per Article 9, Section 903.1, to allow development of project divided
by a street.
CLASS II, as per Article 4, Section 401, for temporary construction fence and
covered walkway within the Central Business District;
CLASS I Special Permit, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage;
CLASS I Special Permit, as per Article 9, Section 918.2, for parking and staging
during construction;
CLASS I Special Permit, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters for construction and other temporary office uses
such as leasing and sales;
PER CITY CODE, Chapter 36, Construction Equipment, request for waiver of
noise ordinance while under construction for continuous pours;
PER CITY CODE, Chapter 4, designation of the entertainment retail center
located at the NE corner of SE 3`d Avenue and SE 4th Street as retail specialty
center as that term is defined in Section 4-2;
PER CITY CODE, Chapter 23-5(a), Request for a Certificate of Appropriateness
for grounds disturbing activity in an Archaeological Conservation Area;
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Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance No.
11000.
ALL previous approvals granted by Resolution Nos. 98-1151 and 02-1249 to remain
unchanged except as stated above.
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.
ALL previous approvals granted by Resolution No. 02-1249 to remain unchanged
except as stated above.
Pursuant to Articles 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a Major Use Special Permit shall be considered sufficient for
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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 April 1, 2004; and
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
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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.
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) 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 all 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
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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.
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 (HEPB), during the development process.
13. In light of the recent significant discoveries, the Applicant shall follow the
conditions of HEPB Reso 2002-68 and submit to the HEPB for review. Project
shall have to be reviewed by the HEPB prior to going before the City
Commission.
14. Given the significance of the subject properties in the heart of the downtown
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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.
16. Pursuant to comments from the City of Miami's Transportation Office, the traffic
engineering study needs to updated to accurately reflect all elements of the
proposed substantial modification, subject to the review and final acceptance of
the City's Transportation Office prior to final consideration of the MUSP by the
City Commission.
17. 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.
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 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
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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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