Loading...
HomeMy WebLinkAboutExhibit A SUB"EXHIBIT A" ATTACHMENT TO RESOLUTION NO. GALLERY ART CONDOMINIUM PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that pursuant toArticles 5. 0. 13 and 17 of Ordinance No. 11000. the Zoning Ordinance of the City of Mianni. Florida, as amended (the "Zoning 0n1inonoe^\. the Commission of the City of K8ionni. Florida, has considered in e public heoring. the issuance of Major Use Special Permit for the Gallery Art Condominium Project (hereinafter referred to as the "PROJECT") to be located at approximately 317-333 NE 24th Street and 403 NE 251h 8treet, Miami, Florida (sea legal description on ^ExhiUitB''. 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 PA0JECT, and subject to the following conditions approves the Major Use Special Permit and issues this FINDINGS {]FFACT PROJECT DESCRIPTION: The proposed PROJECT is e mixed use development to be located at approximately 317'333 NE 24th Street and 402 NE 25th Street, W1ianni, Florida. The PROJECT is located ono gross lot area of approximately 2.42± acres and a net lot area of approximately 1.28± acres of r ��J���� y\� � ~ �n� � , L;-V~ land (more specifically described on "Exhibit 13^, incorporated herein by reference). The remainder ofthe PROJECT'o Data Sheet is attached and incorporated on "Exhibit C^ The proposed PROJECT will be onrnphoeU of m 198400t. 17-story high mixed use structure consisting of 164 total multifamily naaidendo| units, seven office live/work units. and 2O8total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the hz||ovving lower ranking Special Permits: Per City CoUo, Chapter 30, Construction Equipmmnt, request for waiver of noise ordinance while under construction for continuous pours; K4USP, as per Article 5, Section 503. PU[) diotriot, to increase the floor area by twenty percent, 25.56Rsquare feet. MU8P, as per Article S. Section 914. a development bonus to permit e mixed use of 38.352.80 square feet of floor area will be paid to the Affordable Housing Trust Fund at the applicable rate at time of permitting; CLASS ||, as per Article 4. Section 401, to a||nxv a construction fence and covered walkway; CLASS i|, as per Article 10. Section 10.1. for approval ofsigne0o; CLASS ||, as per Article 9, Section 927, to allow temporary off -site parking during construction; CLASS ||, as per Article 0. Section 908.2 for access from a public street roadway width greater than 25haet; CLASS |, an per Article 9. Section 900.9. to allow for m special event namely a ground breaking ceremony; CLASS |, as per Article S. Section 806.0. for active recreational facilities (including swimming pools); CLASS |, as per Article 9, Section 918.2, to permit staging and parking during construction (to be approved prior to obtaining a building permit from the _Depa tment o U�K��~0 U�� �� SUBSTITUTION ORIGINAL CAN �� ~�� K�� ��'���N M�� �� W ��R�U� � K 08� U ��U"�� ��&��—�������8����� U �^' ~�~^ ° 44. Planning and Zoning\; CLASS 1, as per Article 9, Section 917.1.2 to allow valet parking for residential use; CLASS |` as per Article 9. Section 925.3.8, to mUVw development/construction/rental mgnago; CLASS |, an per Article 8, Section 920.1. to allow o construction trailer and watchman's quarters; CLASS |, as pre Article 9, Section 930.1. to allow a bai|nr(s) for construction and other temporary offices such asleasing and sales; REQUEST for applicable K4UGP conditions to be poquinoU at the time of shell permit instead ofotissuance offoundation permit; Note: Designation as a phased dgv8|0pnlgOt pursuant to 88cdOn 2502 of Ordinance NO. REQUEST that the following W1U3P 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 m Declaration of Covenants and Restrictions providing that the owneroh|p, operation and maintenance of all nnnnnnnn 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 ehoU be considered sufficient for the subordinate permits requested - '.� c ����`�N ��� ��V������KEka'.M�A �U U���N���Ux� - -- ' ' ������U ����C��� U�� �`�U��Kx��8�U��K ���&0�� ���~ and referenced above eswell aeany other special approve|srequiredbvUlmCitvvvhichnmaybe required 0ncarry out the requested plans. The PROJECT shall Umconstructed substantially in accordance with plans and design schematics on file prepared by Fullerton Diaz Architects, Inc., dated May 24. 2004; the landscape plan shall be innp|ennmnbad substantially in accordance with plans and design onhanmohoa on file prepared by Mariano Cnna|. Landscape Architect, Inc., dated K4oy7. 2004; said design and landscape plans may be permitted to be modified only tothe extent necessary to comply with the conditions for approval imposed herein; all modifications shall be subject to the review and approval of the Director ofthe Department of Planning and Zoning prior to the issuance nfany building permits. The PROJECT conforms to the requirements of the R-4 ^K4u|dfonn||y High Dans|b/^. C-1 "Restricted Cunnrnepn\a[' and 8O-20 ^EdQevvebar Overlay District" zoning districta, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of K4ienni. 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 O[{SEVERALLY, PRIOR TOTHE ISSUANCE OF ANY BUILDING PERK4|T8, SHALL COMPLY WITH THE FOLLOWING: 1Meet all applicable building codes, land development regulatione, 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 noUnn of the Dapertnnent, and to make recommendations concerning security measures and systems; further submit a report buthe Department of Planning and Zon/n0, prior to commencement of construction, demonstrating how the Police Department � / " -��U� ������� 8 ML�N4OT8 U� � �� K�����K7�U U��U�� — — ' ��� ��o��� �� �� ������ � � � � � �V�� 1 '33YNAU C P. OR0GKNA8 G��*,Y ~ END OF CUM� -,-NT r000nnnnenUaUona. if any, have been incorporated into the PROJECT security and construction plans, or Uennnncdnato to the Director of the Department of Planning and Zoning why such recommendations are impractical. 3 Obtain approval fronn, 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 PRC>JECT, owner naeponeibi|ity. building development process and review proceduree, as well as specific requirements for fire protection and life safety aysbsrns, exiting, vehicular access and water supply. 4. Obtain approval frnnl, or provide m letter of assurance from the Department of Solid Waste that the PROJECT has addressed all concerns of the said Department prior to the obtainment ofo shell permit. 5. Comply with the Minority Participation and Employment Plan (including o Contractor/Subcontractor Participation Plan) submitted to the City as pert of the Application for Development Approval, with the understanding that the APPLICANT must use its best efforts to fn||ovv the provisions of the City's Minority/Women Business Affairs and Procurement Program asaguide. O. Prior to the issuance of e nhaU pmrmit, provide the City with e neunrdaU copy of the W1U8P permit resolution and development order, and further, an exeuuteU, n000ujab|u unity of title or covenant in lieu of unity of title agreement for the subject property; said agreement shall besubject tothe review and approval nfthe City Attorney'nOffice. 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 ahe|| be subject to the review and approval by the Department of Planning and Zoning prior to the issuance of any by permits and shall Ue enforced during construction activity. All construction Y3 DOC%UMENTUS A SUBSTITUTION TO UA oN^8��K ORIGINAL r~xK��U UU�U��U CAN���- END �~� DOCUMENT �U~�~ activity shall remain in full compliance with the provisions of the submitted construction plan; ha||una to comply may lead to a suspension or revocation of this Major Use Special Permit. 8. In eu far as this Major Use Special Permit includes the subordinate approval of a series of C|oaa | Special Permits for which specific details have not yet been developed or pnoviUoU, the applicant shall provide the Department of Planning and Zoning with all subordinate Class | 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. 0. If the project is to be developed in phases, the Applicant shall submit an interim p|an, including a landscape p|en, vvh/oh addresses design details for the land occupying future phases of this Project in the event that the future phases are not deve|oped, said plan shall include a proposed timetable and shall be subject to review and approval by the Director ofPlanning and Zoning. 10. Pursuant to the review of the Design F<ev/ovv {}omnnittee, the applicant shall meet the h}||0vving conditions: Provide 8 landscaping plan indicating species of all trees and shrubs proposed for the project and sizes atthe time of planting, once this plan has been further developed; Provide o continuous canopy of shade trees to provide shade for pedestrians along NE25mSt. as well as NE24mSt. These shade trees shall be aligned close to the edge of the curb in the public right of vvey (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic. Palm trees may be utilized periodically as on architectural accent to the architecture of the building. 11. Pursuant to the UORB'o and Planning and Zoning Department's navievv, the applicant shall meet the following conditions: Apply more landscape between the historic building to the west and the parking hagade; Provide paving material for the surface parking lot between the historic building and the drop off area. 7��U� ��o���� � � �����U7���Y,��' THIS ���~�u��&~� ^�� ��� ��Q�y���� � � U ��| � . ` ,' ORIGINAL UAGIIVU. n�����U��U ORIGINAL 14,4 �������K AT�� THIS V~��~��~�K U �����~�~ 12. The applicant shall submit a final copy of the amended traffic study to the Planning and Zoning Department prior hothe issuance ofany building permits. 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 iobinding onthe Applicant, its successors, and assigns, jointlyorseverally. 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 tnappeal from the provisions ofthe Permit. CONCLUSIONS OFLAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive Neighborhood P|an, as ernended, is consistent with the on1adv development and goals of the City ofMiami, and complies with local land development regulations and further, pursuant to Section 17O3ofthe Zoning Ordinance: (1) the PROJECT will have afavorable impact onthe economy ofthe 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 totheir places nfemployment; and (4) the PROJECT will efficiently use necessary public facilities; and (5) the PROJECT will not negatively impact the environment and natural resources ofthe City; and (0) the PROJECT will not adversely affect public safety; and (7) the public welfare will beserved by the PROJECT; and (8) any potordio|h adverse effects of the PROJECT will be mitigated through conditions ufthis Major UseSpeoia|Pemnk. ~�~�-KK�� ��^��^�~�A K����0�U~�^ U�� �� ��� U����~�^K~�^� K~�~K»r���I THIS K�y%_����~��Y�U��U�� U U�.� �-� ��~�°���� " . . _~ ' ' _ ����� I ��K^��U�U��U ������',°� �—��� »r����»r�V��U��0 V����� �� 3�����K�����������~ �����\����J���/ ���"n�a`~�vn~° °�~ �~�" _ _- �~�~ ��~�~ �� �~��� U ����K .0 U ��U K ���� J�� ������ ��� � ����_��,�"��u���,° " 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. THIS DOCUMENT IS A SUBSTITU 10 DRIG1NAL ORGINAL CAN B SEEN AT END OF THIS DOCUMENT Page A-8 of 8 "EXHIBIT A" ATTACHMENT TO RESOLUTION NO. GALLERY ART CONDOMINIUM PROJECT MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be known that ° rouordho Articles 6. S. 13 and 17 of Ordinance No. 11000. the Zoning Ordinance of the City * K8ienni. Florida, as amended (the "Zoning [>njinonoe^). the Commission of the City of Miami, F hde, has considered in o public hearing, the |nsuonoa of Major Use Special Permit for the GaUk, Art Condominium Project (hereinafter referred to as the "PROJECT") to be located at appro,' otely 317-333 NE 24th Street and 402 ME 25th Strwet, K8iorni. Florida (see legal dmscripho on "Exhibit B^' attached and incorpm,m1ed), is subject toany dedications, |innitations, restriction, reservations or easements of reoord. After due consideration of the reoonnrnend- ions of the Planning Advisory Board and after due consideration of the consistency of this roposed development with the Mionl) Comprehensive Neighborhood Plan, the City Connnn\osi*' has approved the PRC}JECT, and subject to the following conditions approves the Major Us� Special Permit and issues this Permit: FINDINGS OFFACT PROJECT DESCRIPTION: The proposed PROJECT is o mixed use development to be located -' approximately 317-333 NE 24th Street and 402 NE 25th Street, K4iarni, Florida. The PRC)JECT/- ooe0md on e land ore specifically described on "Exhibit B", incorporated herein by reference). The nynmoind~ Vfthe PROJECT'sData Sheet ieattached and incorporated as"Exhibit C". The ^ opoaed PROJECT will be comprised of a 189-foxot. 17-story high mixed use structure consis ,* of 164 total multifamily residential units, seven office live/work units, and 208 total parking spa The Major Use ^`ecia|Permit Application for the PROJECT also encompasses the following lower ranking Spmo/- Permits: Per City Coda, Chapter 0, Construction EqVipnnent, request for waiver of noise ordinance while underconutru~ 'on for continuous pours; yNU8P, as per Article 5. Section ` . PUD distdot, to increase the floor area by twenty percent, 25,568 square feet. KXUSP, as per Article 0, 8eoUnn 914. o °,vekooment bonus to permit a mixed use of 38,352.80 square feet of floor area will be pai* o the Affordable Housing Trust Fund at the applicable rate at time of ; CLASS U. as per Article 4, Section 401, to allow a mnatruction fence and covered CLASS U.aoper Article 1D.Section 1O.1.for approval ofa' na CLASS U. as per Article S. Section 927, to allow temporary o site parking during construction; CLASS U. ao~ r Article 9. Section 908.2 for access from m public a1n*et rw-zdvvav width greater than 25 feet; CLASS i as per Article 9. Section 906.9' to allow for a special event namely g breaking ceremony; CLASS [ as per Article 9, Section 906.6. for active recreational facilities (including svvrnnning pools); CLASS [ as per Article 9. Section 918.2. to permit staging and parking during ` construction (to be approved prior to obtaining a building permit from the Department of onningand ZDning); CLS 1, as per Article 9, Section 917.1.2 to allow valet parking for residential use; ` CLASS as per Article S. Section 925.3.8. to allow development/construction/rental cignmge; CLASS [ as pe`^dkde S. Section 920.1. 0oallow a construction trailer and watchman's quarters; CLASS [aapre Article ^ Section 920.1.toallow atra||er(s)for construction and other temporary offices such as|e~.'ngand sales; REQUEST for applicable MUS" onditions to be required at the time of shell permit instead ofa1issuance cffoundation p Note: Designation as a phased development t. rouontbr Section 2502of Ordinance No. REQUEST that the following K4USP conditions be required at the 'me of Temporary Certificate of Occupancy or Final Certificate of Occupancy instead of at the issu - , ce of foundation permit: a. the requirement to nsoorU in the Public Records a Declaration * Covenants and Restrictions providing that the ovvnership, operation and maintenance * all oornrnon areas and facilities will be by the property owner or a mandatory prope owner association; and b. the requirement to record in the Public Records a unity of title or covenant in lieu of unity of title. Page A-3 of 8 Punsu^ tto Articles 5, 9. 13 and 17 of Zoning Ordinance 11000. approval of the requested Major Ust, Special Ponn|t shall be considered sufficient for the subordinate permits requested and refenanoz" above as well as any other special approvals required by the City which may be required to carry ^ tUle requested plans. The PROJEW shall be constructed substantially \naccordance with plans and design schematics on file pnas~ned by Fullerton O|oz Architects, Inc., dated May 24. 2004; the landscape plan shall be } ^|ernentad substantially in accordance with plans and design aoAennetica on file prepared by '@rimnoCorro|. Landscape Architect, Inc., doted yWay7. 2004; said design and landscape plans rn- be permitted to be modified only to the extent necessary to comply with the conditions for appro, -| imposed herein; all modifications nhe|} be subject to the review and approval of the Director of e Department of Planning and Zoning prior to the issuance of any building permits. The PROJECT conforms to therequ/rame `ofthe R4"Multifamily High Denaiby.C'1 "Restricted Commercial" and SD'20 "Edgewater Over ' District" zoning districts, as contained in the Zoning Ordinance, the Zoning (]rd\nonoo of the Ci of Miami, Florida, as amended. The existing comprehensive plan future land use designation o he subject property allows the proposed uses, CONDITIONS THE APPL|CANT, ITS SUQCESSORS, AND/OR ASSIGN~ JOINTLY OR 8EVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, 8^ ^U-CQNYPLY Page A-4 of 8 Allow the Miami Police Department toconduct asecurity survey, at the option of the Department, and to make recommendations concerning security measures and ems; further submit a report to the Department of Planning and Zoning, prior to oornrn^ cement of conotruoUon, demonstrating how the Police Department reoonnrnen.~8onm. if any, have been incorporated into the PROJECT security and construction p|'^o, or demonstrate to the Director of the Department of Planning and Zoning why such re, *nnmandotionaare impractical. 3 Obtain approval from, *r provide a letter from the Department of Fire -Rescue indicating. APPLICANT'S cot. dinmUon with members of the F\na Plan Review Section at the Department of Fire-Reaou` in the review ofthe scope of the PROJECT, owner n*sponmibiUty, building dewe|oprnen' tnooeas and review pnJcedunam, as well as specific requirements for fire protection -�nd life safety ayotennm, exiUng, vehicular access and water supply, 4. Obtain approval from, orprovide a letter of assu' ce from the Department of Solid W@ste that the PROJECT has addressed all concerns , the said Department prior to the obtainment of a shell permit, 5. Comply with the Minority Participation and Ennpkzvmen Plan (including m Contractor/Subcontractor Participation Plan) submitted to the Cras part of the Application for Development Approval, with the understanding thatUl' ^PPU[ANT must use its best efforts to follow the provisions of the City's Minori omen 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 th K8U8Ppermit resolution and development order, and further, mnexecuted, 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. � '� Page A-5 of 8 7. *' vide the Department 0fPlanning and Zoning with a temporary construction plan that vcfud9s the hd|ovvnQ: a temporary construction parking pkan, with an enforce t policy; o construction noise management plan with an enforcement policy; and a ` aintenanm* plan for the temporary construction site; said plan shall be subject to the re`'-vv and approval by the Department of Planning and Zoning prior to the issuance ofany ^ Uding permits and shall beenforced during construction activity. All construction activity hall remain in full compliance with the provisions of the submitted construction plan; ~i|uretocomply may lead toa suspension orrevocation of this Major Use Special Pe 0. In so far as this Major Use Soeci~ Permit includes the subordinate approval of a series of Class } Special Permits hJ which specific details have not vet been developed or pnovided, the applicant nhe| °onvidg the Department of Planning and Zoning with all subordinate Class | Special Per 't plans and detailed requirements for final naviovv and approval of each one prior to the ugnce of any of the subordinate approvals required in order to cony out any of t ` requested activities and/or improvements listed in this development order oroopbon-, in the p|Gmo approved by it. S. If the projectim to be developed in phesos, the Applicant shall su6` it an interim o|an, including a landscape p(an, which addresses design details for the ~nd occupying future phases of this Project in the event that the future phases are no, developed, said plan shall include a proposed timetable and shall be subject to Fe -vv and approval by the Director of Planning and Zoning, 10. Pursuant to the review of the Design Review Committee, the applicant shall meet th following conditions: Provide a landscaping o|en indicating species of all trees and shrubs proposed for the project and sizes at the time of planting, once this plan has been further developed; Provide a continuous canopy oYshade trees to provide shade for pedestrians along NE 251h St. as well as NE 24m S1. These shade trees shall be ned close to the edge of the curb in the public right ofway (at n0greater than33' on o;. ter) to provide a buffer for pedestrians from vehicular traffic. Palm trees may be utilized w iodico/k/osan architectural accent to the architecture of the building. 11. Pursuant to e UDRB'sand Planning and Zoning Department's review, the applicant shall meet the ^Uovvng conditions. Apply more landscape between the historic building to the west ' d the parking fggede; Provide paving material for the surface parking lot between the h toric.building and the drop off area. 12. Pursuant to the Traffic |rnpes Analysis Review, the applicant is strongly encouraged to continue working with the City Traffic Consultant to resolve all outstanding Traffic Analysis issues prior to being heard b' the City Commission. 13. Within S0days ofthe effective date of1hi veva|opnnentOrder, record acertified copy of the Development Order specifying that the ^,-ve|oprnentOrder runs with the land and is binding on the Applicant, its successors, an, assigns, jointlyorseverally. THE CITY SHALL: Establish the operative date of this Permit asbeing thi of its issuance; the issuance date shall constitute the connmen day period to appeal from the provisions of the Permit. CONCLUSIONS [)FLAW The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensiv Neighborhood P|an, as amended, 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: 0) days from the date of the thirty (30 the PROJECT will have a favorable impact on the economy of the City; and (2) hePROJECT will efficiently use public transportation facilities; and (3) thPROJECT will favorably affect the need for people to find adequate housing ree ,b"oblyaomesmibhe0otheirplacesofemployment;and thePR6 ECTwill efficiently use necessary public facilities; and the PROJ* T will not negatively impact the environment and natural resources of the City; an the PROJECT ww otadversely affect public safety; and the public welfare vv beserved bvthe PROJECT; and any potentially odver effects of the PROJECT will be mitigated through conditions of this Major U Special Permit. (5) (6) (7) (0) The proposed development doosnotu -asonably interfere with the achievement ofthe objectives of the adopted State Land Development ` an applicable to the City of W1iorni. Pursuant to. Section 1305 of the Zoning Ordina m, the specific site plan aspects of the PROJECT i.e., |nQnaoo and egnaos, ofhstnaet parking an# °odinQ, refuse and service arema, signs and |iQhdnQ, uUUUea, drainage and control oypobanUgD *dvenne effects generally have been considered and will be further considered administratively w^ inQ the process of issuing individual building permits and certificates ofoccupancy. Page A-8 of 8