HomeMy WebLinkAboutExhibit A Modif"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE SOHO PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 SoHo project (hereinafter referred to as the "PROJECT") to be
located at approximately 601, 611, 613, and 615 NE 23rd 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
601, 611, 613, and 615 NE 23rd Street, Miami, Florida. The PROJECT is located on a gross lot
area of approximately 0.92± acres and a net lot area of approximately 0.64± 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 202-foot, 16-story high
residential structure consisting of approximately 95 total multifamily residential units with
recreational amenities, and approximately 142 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUSP, per Article 17, for development of 95 residential units;
MUSP, as per Article 9, Section 914, a development bonus of 17,277 square feet of
additional floor area, and to pay into the Affordable Housing Trust Fund an amount of
$12.40 per square foot = $152,234.80;
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended, Article 4,
Section 401, Schedule of District Regulations, required front and side street yard.
South Front Required 20 feet
Proposed 5 feet
Request to Waive 15 feet
North Front Required 20 feet
Proposed 10 feet
Request to Waive 10 feet
Note: variance requested for both street frontages
Variance, pursuant to the City of Miami Zoning Ordinance 11000, as amended, Article 4,
Section 401, Schedule of District Regulations, residential loading berth required yard set
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back.
All residential loading berths shall be located away from base building line of the
proposed loading berth area at a distance equal to at least the length of the required
loading berth.
Required 20 feet
Proposed 0 feet
Requesting to Waive 20 feet
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow a construction fence
and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to
reduce four loading spaces from 12' x 35' and reduce to two 10' x 20' loading spaces;
CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for
construction and other temporary offices such as leasing and sales;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to allow waiver of parking
guides and standards for required back up space from 23 feet to 22 feet;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per Article 9, Section 918.2, to permit staging and
parking during construction;
CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters;
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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
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 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 Bermello Ajamil & Partners, dated August 1, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Bermello Ajamil & Partners, dated August 1, 2004; said design
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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 "Multi -Family High Density
Residential" with a SD-20 "Edgewater Overlay Zoning Districts" 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
including the required Affordable Housing Trust fund contribution of $12.40 per square
foot for any applicable FAR increase sought under those provisions.
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.
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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. 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.
7 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.
8. 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
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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.
9. 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 and/or
improvements listed in this development order or captioned in the plans approved by it.
10. 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.
11. Pursuant to the review of the Design Review Committee, the applicant shall meet the
following conditions: (a) Indicate the proposed materials for the facades of the building,
and clarify if the new openings on the NE 23rd St. facade are windows, as they appear
to be in the elevation drawings; (b) It is critical that parked cars be hidden from view.
Provide details of the materials proposed to cover the garage openings, and indicate
how all vehicles will be concealed from view; final solution shall be subject to review
and approval by the Planning Director prior to the issuance of a Building Permit.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant
shall meet the following conditions: The area above the garage entry shall be
redesigned to improve the fenestration and if possible to be utilized as liner; final
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solution shall be subject to review and approval by the Planning Director prior to the
issuance of a Building Permit.
13. That the accompanying requested applications for the Variances for this property are
approved by the City Commission.
14. A development bonus to permit a mixed use of 17,277 square feet of floor area will
require payment to the Affordable Housing Trust Fund an amount of $12.40 per square
foot = $152,234.80 at the time of building permit.
15. 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.
16. The Applicant shall continue to work on the northern elevation of the NE 23rd Terrace
frontage to provide better articulation consistent with the remainder of the building;
subject to review and approval by the Planning Director.
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, 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
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(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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