HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
HURRICANE COVE
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 Hurricane Cove Project
(hereinafter referred to as the "PROJECT") to be located at approximately 1818 NW
North River Drive and 1884 NW North River Drive, 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 1818 NW North River Drive and 1884 NW North River Drive, Miami,
Florida. The PROJECT is located on a gross lot area of approximately 10.416 acres
and a net lot area of approximately 7.91 acres 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 three residential towers, which
consists of 1,073 multifamily residential units with recreational amenities, 2,500 square
feet of restaurant, 2,500 square feet of marine retail, a 130-slip commercial marina, and
approximately 1,737 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 1,073 residential units;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent, 155,900 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed
use of 176,550.39 square feet of floor area will be paid to the Affordable Housing
Trust Fund at the applicable rate at time of permitting;
MUSP, as per Article 17 for parking structures of approximately 1,737 parking
spaces;
SPECIAL EXCEPTION, as per Article 9, Section 917.1.2, to allow restaurant
parking facilities maintained with valet parking up to fifty percent of required off
street parking spaces;
CLASS Il, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS II, as per Article 9, Section 922.1 and 923.2, a request to waive and
Page A-2 of 8
modify backup and dimensions of standard from 23 feet to 21 feet;
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 Article 9, Section 906.6, for active recreational facilities
(including swimming pools);
CLASS I, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for commercial
and residential use;
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:
Page A-3 of 8
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 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 Mouriz Salazar & Associates, dated August
2003; the landscape plan shall be implemented substantially in accordance with plans
and design schematics on file prepared by Mariano Corral, dated December 3, 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 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-4 (Waterfront Industrial
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
Page A-4 of 8
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.
Page A-5 of 8
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
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
Page A-6 of 8
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. Prior to application for Public Hearing of the City Commission, the applicant
shall continue to work with the City's Transportation Department regarding traffic
issues related to this project.
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following condition: Single pale tint color for the glass.
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 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
Page A-7 of 8
(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.
Page A-8 of 8