HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE ONYX 2 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 Onyx 2 Project (hereinafter referred to as the "PROJECT") to
be located at approximately 421-455 NE 28th Street and 460-462 NE 28th 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
421-455 NE 28th Street and 460-462 NE 28th Street, Miami, Florida. The PROJECT is located
on a gross lot area of approximately 2.05± acres and a net lot area of approximately 1.17±
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 a 543-foot, 49-story high mixed
use structure consisting of 117 total multifamily residential units with recreational amenities, and
163 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 5, Section 502, PUD District, to increase the floor area by twenty
percent, 30,677.9 square feet;
MUSP, as per Article 9, Section 914, a development bonus to permit a mixed use of
46,016.9 square feet of floor area will be paid to the Affordable Housing Trust Fund at
the applicable rate at time of permitting;
SPECIAL EXCEPTION PERMIT, as per City of Miami Zoning Ordinance 11000,
amended, as per Article 9, Section 915.2, for FAA Clearance letter;
VARIANCE, pursuant to the City of Miami Zoning Ordinance 11000 as amended, Article
4, Section 401, Schedule of District Regulations, required side street yard;
Required 15 side street yard setback (SW 15 Street)
Proposed 0
Request to waive side street yard setback
CLASS II, as per Article 4, Section 401, to allow a construction fence and covered
walkway;
CLASS II, as per Article 6, Section 620.3.1, for development of new construction within
Page A-2 of 9
the SD-20 Overlay District;
CLASS 11, as per Article 6, Section 620.8, for approval of signage;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11, as per Article 9, Section 922.4, maneuvering of trucks on public right of way;
CLASS II, as per Parking Guides and Standards, to reduce the required 23 feet back up
dimension to 21' 2"
CLASS II, as per Article 9, Section 908.2 for access from a public street roadway width
greater than twenty-five feet;
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 906.6, for active recreational facilities (including
swimming pools);
CLASS I, 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
Planning and Zoning);
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for residential use;
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 1, as pre Article 9, Section 920.1, to allow a trailer(s) for construction and other
temporary offices such as leasing and sales;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit;
Page A-3 of 9
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
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 BAP/GGM Development, dated June 1, 2004; the landscape
plan shall be implemented substantially in accordance with plans and design schematics on file
prepared by BAP/GGM Development, dated June 1, 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.
Page A-4 of 9
The PROJECT conforms to the requirements of the R-4 "Multifamily High Density
Residential District" and SD-20 "Edgewater Overlay District" Zoning classifications, 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 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
Page A-5 of 9
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, 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 1 Special Permits for which specific details have not yet been
developed or provided, the applicant shall provide the Department of Planning and
Page A-6 of 9
Zoning with all subordinate Class l 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.
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 review of the Design Review Committee, the applicant shall meet the
following conditions: (a) Combine the circular vehicular turnaround within the southern
parcel of the property with the vehicular drop-off in the northern parcel in order to
reduce the amount of vehicular circulation in the site; (b) The west and north facades
of the garage which are visible from abutting properties shall be articulated so that
vehicles are completely hidden from public view, and shall appear less garage -like in
appearance. Consider continuing the pattern of window and balcony openings from
the rest of the facade on this area so that the garage becomes integrated into the
framework of the design; (c) Provide a tree survey and a tree disposition plan
indicating which trees are to remain, be removed or be relocated. The tree disposition
plan shall illustrate the location of any overhead or underground utilities, the location of
the proposed new construction, and the new locations of existing trees to be relocated
on site; (d) Provide a continuous canopy of shade trees to provide shade for
pedestrians along NE 28th St. These shade trees shall be aligned close to the edge of
the curb in the public right of way (at no greater than 33' on center) to provide a buffer
Page A-7 of 9
for pedestrians from vehicular traffic. Palm trees may be utilized periodically as an
architectural accent to the architecture of the building.
11. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant
shall meet the following conditions: Work with staff to articulate the north facade of the
parking podium applying a stucco finish, and precast concrete in a way that both
materials can be expressed; Work with staff to reduce the traffic circle for the firetruck
access; Work with staff to insure that the private park/memorial will be properly
maintained.
12. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly encouraged
to continue working with the City's Traffic Consultant to resolve all outstanding Traffic
Analysis issues prior to being heard 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.
14. The applicant shall revise the scheme of the project by either not including the FAR
Bonuses and/or by redistributing the proposed development program within two
smaller towers on the parcels on each side of NE 28th Street.
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.
Page A-8 of 9
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, 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:
(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.
Page A-9 of 9