HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE CAPIRO TOWER
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 Capiro Tower Project (hereinafter referred to as the
"PROJECT") to be located at approximately 300 SW 12th Avenue; 1220 & 1244 SW 3rd Street;
and 1217, 1229 & 1247 SW 4th 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
300 SW 12th Avenue; 1220 & 1244 SW 3rd Street; and 1217, 1229 & 1247 SW 4th Street,
Miami, Florida. The PROJECT is located on a gross lot area of approximately 2.65± acres and
a net lot area of approximately 1.98± 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 150-foot, 15-story mixed use structure
to be comprised of approximately 328 total multifamily residential units with recreational
amenities, approximately 10,000 square feet of retail space, and approximately 543 total
parking spaces.
The Major Use Special Permit Application for the PROJECT also encornpasses the
following lower ranking Special Permits:
MUSP, per Article 17, Section 1701, to permit residential in excess of two hundred (200)
dwelling units, with proposed 328 units;
MUSP, as per Article 17 for development to provide parking in excess of 500 spaces or
more with proposed 543 parking spaces;
MUSP, as per Article 9, Section 914, a development bonus of 45,419.1 square feet of
additional floor area, and to pay into the Affordable Housing Trust Fund an amount of
$12.40 per square foot = $563,196.84;
MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by twenty
percent for a total of 36,355.28 sq ft of bonus;
As per 614.3.5.2, Allowable increase in floor area in SD-14 at pedestrian -oriented
streets
1. Pedestrian open space 39,198 sq. feet
2. Mixed use buildings 10,000 sq. feet
3. Theaters restaurant, museums at ground level 29,398.5 sq feet
CLASS 11 SPECIAL PERMIT, as per Article 6, Section 614.3.1 to permit new
construction in the SD-14 and SD-14.1 Districts;
Page A-2 of 9
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating
areas;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to
reduce two loading spaces from 12 x 35 to four 10 x 20;
CLASS 11 SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City
of Miami Parking Guides and Standards for reduction of required backup space for
parking.
Required 23 feet
Proposed 22 feet
Request to waive one foot
CLASS II SPECIAL PERMIT, as per Article 6, Section 614, for temporary construction
fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City
of Miami Parking Guides and Standards for reduction of the required extra one (1) foot
where a side of a parking stall abuts a wall;
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, for parking and staging of
construction 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 920,1.2, to allow a temporary
sales office trailer;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction
trailer and watchman's quarters;
Page A-3 of 9
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 provide a letter of assurance for the Solid Waste Department; and
b. 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
c. 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 Behar Font & Partners, dated September 15, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Behar Font & Partners, dated September 15, 2004; said design
Page A-4 of 9
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; and
The PROJECT conforms to the requirements of the SD-14 "Latin Quarter Commercial -
Residential" and SD-14.1 "Latin Quarter Residential" 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.
Page A-5 of 9
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
Page A-6 of 9
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.
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) applicant shall submit a landscape plan that specifies the
species (common and botanical names), sizes (height x spread and/or container size)
at time of planting, quantities, and proposed locations of all plant materials, existing
and proposed. The landscape plan shall include planting details and planting
specifications; (b) applicant shall provide a continuous canopy of shade trees to
provide shade for pedestrians along all three streets in the proposal. These shade
Page A-7 of 9
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 for pedestrians from vehicular traffic.
Palm trees may be utilized periodically as an architectural accent to the architecture of
the building; and (c) the applicant shall provide a layering of landscape as a buffer
between the garage and the western property line of the site.
12. A development bonus to permit a mixed use of 45,419.1 square feet of floor area will
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot = $563,196.84.
13. Pursuant to the review of the UDRB Resolution 9-15-04-4, the applicant shall meet the
following conditions: (a) The screen shielding the vehicles from the pool area needs to
have some depth to it, otherwise, the vehicles will be visible; (b) Within the 20-foot
setback in the rear, include groundcover and landscape that buffers 10 to 15 feet, and
the trees provided in the plan would buffer the remaining 15 feet and up.
14. 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
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
Page A-8 of 9
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