HomeMy WebLinkAboutExhibit A Modif"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
RIVERFRONT WEST
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 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 Riverfront West (hereinafter referred to as the "PROJECT") to be located
at approximately 90 SW 3rd Street (aka 55, 92 and 95 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 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 90
SW 3rd Street (aka 55, 92 and 95 SW 3rd Street), Miami, Florida. The PROJECT is located on
a gross lot area of approximately 9.72± acres and a net lot area of approximately 6.91± 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 four mixed use structures varying in height
from 384 to 630 feet and to be comprised of approximately 1,462 total multifamily residential
units with recreational amenities, approximately 203,000 square feet of office space,
approximately 38,728 square feet of retail space, and approximately 1,832 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
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 1,462 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 1,832
parking spaces;
MUSP, as per City of Miami Zoning Ordinance 11000 as amended, Article 17 to permit a
nonresidential development in excess of 200,000 square feet of floor area with proposed
241,728 square feet;
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
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
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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.
Pursuant to Articles 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.
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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 Kimley-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 proposed 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
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) the applicant shall provide additional landscaping along the
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 Riverwalk/Baywalk
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 3rd 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 3rd Street and shall consider
the use of glass to cover the openings of the garage, possibly continuing the pattern of
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window openings from the rest of the fa9ade 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 2004-91, the applicant shall meet the following
conditions: (a) Archeological testing and monitoring before and during ground
disturbing activity shall be provided by the Archaeological and Historical Conservancy,
Inc., in accordance with their management plan; (b) The City Archeologist shall be
notified prior to construction activities and in the event of a significant discovery, as per
the management plan submitted; and (c) A final report shall be submitted to the City
Archeologist documenting the results of this investigation.
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) the applicant shall consider the treatment of
the towers so that 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) the applicant shall 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.
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15. The applicant shall coordinate the foundation design of the proposed project with the
City's proposed Miami River tunnel alignment based on the findings of the forthcoming
feasibility study.
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
(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
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(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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