HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
RIVERFRONT EAST
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 13, 17 and 22 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
Substantial Modification to a Major Use Special Permit for Riverfront East Project (hereinafter
referred to as the "PROJECT") to be located at approximately 300, 350 and 400 South Miami
Avenue, and 15, 24, 25, and 39 SW 3rd 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 Substantial Modification to a 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, 350 and 400 South Miami Avenue, and 15, 24, 25, and 39 SW 3rd Street, Miami, Florida.
The PROJECT is located on a gross lot area of approximately 7.12i acres and a net lot area of
approximately 5.09± 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 three mixed use structures varying in
height from 498 to 602 feet and to be comprised of approximately 1,424 total multifamily
residential units with recreational amenities, approximately 52,800 square feet of office space,
approximately 41,994 square feet of retail space, and approximately 1,671 total parking spaces.
The Substantial Modification to a Major Use Special Permit Application for the
PROJECT also encompasses the following lower ranking Special Permits:
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT, per Article 17,
Section 1701, and Article 22 of City of Miami Zoning Ordinance 11000, as amended, to
allow the following changes (substantial modification to previously approved Resolution
No. 03-1235) by increasing the residential units from 1,304 to 1,424 units, and
decreasing non-residential uses from 101,157 square feet to 94,794 square feet;
MUSP, per Article 17, Section 1701, to permit individual phase of multi phase project;
MUSP, per Article 17, Section 1701, to permit residential in excess of two hundred (200)
dwelling units, with proposed 1,424 units;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17 for
development to provide parking in excess of 500 spaces or more with proposed 1,671
parking spaces;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.1, to permit new
construction in the SD-6 Zoning District;
CLASS II SPECIAL PERMIT, as per Article 6, for signage approval;
CLASS II SPECIAL_ PERMIT, as per Article 6, Section 606.3.1, for temporary
construction fence and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 9, Section 922.1 and 923.2, a request to
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reduce five of the required nine loading berths from 12 x 55 to five 12 x 35;
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, to allow a construction
trailer and watchman's quarters;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1.2, to allow a temporary
sales office trailer;
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.
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Pursuant to Articles 13, 17 and 22 of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a 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 Revuelta Vega Leon, P.A., dated September 22, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Kimsey -Horn and Associates, dated September 21, 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; and
The PROJECT conforms to the requirements of the SD-6 "Central Commercial
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.
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
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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. 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
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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 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 Substantial Modification to a Major Use Special Permit,
9. In so far as this Substantial Modification to a 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) the applicant shall provide additional landscaping along the
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Miami River, utilizing shade trees in order to provide adequate shade for pedestrians.
Refer to the City of Miami Design Standards and Guidelines for the RiverwalkJBaywalk
areas for more specific information; (b) the applicant shall provide a tree survey and
tree disposition plan in the next project submittal and shall maintain the existing large
street trees along SW 3`d St.; (c) If habitable space cannot be provided lining the
garage of the Phase IV building, the applicant shall provide a well -designed facade
concealing the garage portion of the building along SW 3`d Street and shall consider
the use of glass to cover the openings of the garage, possibly continuing the pattern of
window openings from the rest of the facade on this area, or create an artistic
treatment for the garage elevation; (d) the applicant shall provide details and material
samples of the metal louvers proposed to cover the garage openings along the west
side of the property, indicating how the parked cars are hidden from view; (e) the
applicant shall meet with the City of Miami Transportation Office regarding traffic
circulation and access to the site. (f) Due to the large density of the project, the
applicant shall consider incorporating connections to various forms of transit as part of
the proposal, including a possible Metrorail connection to a new Metrorail station at the
site, and a water taxi landing along the Miami River.
12. Pursuant to HEPB Resolution 2003-89, the applicant shall meet the following
conditions: (a) Archeological monitoring shall be provided in accordance with
recommendations set forth in the archeological management plan submitted by Robert
S. Carr, dated February 2000, revised November 2003; (b) Additional testing in the
north end of Parcel I shall be conducted after the parking lot use ceases, as
recommended by Mr. Carr.
13. Pursuant to UDRB Resolution 9-15-04-5, the applicant shall meet the following
conditions: (a) Re -work the pedestal connections that are currently shown above
roadways, driveways and pathways; (b) Consider the treatment of the towers so that
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they are expressed at the ground plane and reinforce the importance of the
boulevards that provide access to them either vehicular or from a pedestrian
standpoint; (c) Re -think the gating of the entrances to some other means of providing
security that is not a gated secured area; and (d) Create a grand space along the
waters edge or in the boulevard.
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
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
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the PROJECT will not negatively impact the environment and natural resources
of the City; and
the PROJECT will not adversely affect public safety; and
the public welfare will be served by the PROJECT; and
any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Substantial Modification to a 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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