HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
TERRAZAS RIVER PARK VILLAGE 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 Terrazas River Park Village Project (hereinafter referred to as
the "PROJECT") to be located at approximately 1861 NW South 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 residential development to be located at approximately
1861 NW South River Drive, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 3.50± acres and a net lot area of approximately 2.16± 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 two buildings housing 324 total multifamily
residential units and 522 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of
65,468.39 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 522 parking spaces;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by twenty
percent, 52,374.71 square feet;
CLASS II, as per Article 15, Section 1514, for development of property located between
the Miami River and the first dedicated right-of-way;
CLASS II, as per Article 9, Section 908.9, for development within waterfront yard;
CLASS II, as per Article 9, Section 922.4(c) to allow maneuvering of trucks on public
rights of way;
CLASS I, as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS ll, as per Article 4, Section 401, for a temporary construction fence and covered
walkway;
CLASS ll, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS ll, as per Article 9, Section 908.2 for access from a public street roadway width
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greater than 25 feet;
CLASS II, as per Article 9, Section 923.2.1.(b) to allow tandem loading spaces with the
supervision of a dockmaster;
CLASS II, as per Article 15, Section 1512 (Waiver of Guides and Standards for standard
wall of column;
CLASS I to permit staging and parking during construction (to be approved prior to
obtaining a building permit from the Department of Planning and Zoning);
CLASS I, as per Article 9, Section 906.9 to allow for a special event namely a ground
breaking ceremony;
CLASS I, as per Article 9, Section 925.3.8, to allow development/construction/rental
signage;
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(s) for construction and other
temporary office uses such as leasing and sales;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking including buses and
other vehicles;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit.
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 common
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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 Schapiro Associates, Inc., dated May 3, 2004; the landscape
plan shall be implemented substantially in accordance with plans and design schematics on file
prepared by Urban Resource Group and Schapiro Associates, Inc., dated May 3, 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 R-4 (Multifamily High Density
Residential) Zoning classification, 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:
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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
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,
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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 requested activities
andfor 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.
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10. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions: Address the utility ramp vehicular
circulation on west side; Move transformer vault closer to street; Add landscaping
buffer along the west side of the building with a minimum of 5 feet wide; and Provide
louvers or other articulation to screen the interior elements of the garage.
11. The Applicant shall follow the conditions of approval by HEPB Resolution # 2003-49
during the development process: An archeological monitoring plan shall be provided;
A clear mitigation plan shall be provided including a list of trees to be planted; and
New trees provided as mitigation shall be 15' tall (if available). If trees -between 10'-
12' are used, the number of trees required will be increased by 1.5. (Rooftop trees
are excluded from this requirement, but do not count towards mitigation.).
12. The Applicant shall be required to obtain a Certificate of Appropriateness for ground
disturbing activities at the site from the HEPB prior to review by the City
Commission.
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.
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
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The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, 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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