HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE SOUTH BAYSHORE TOWER PROJECT
SUBSTANTIAL MODIFICATION TO A MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 9, 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 Substantial
Modification to a Major Use Special Permit for the South Bayshore Tower project, Resolution
No. 02-1065 (hereinafter referred to as the "PROJECT") to be located at approximately 1300
Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street, and 180
SE 13th 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
1300 Brickell Bay Drive, 1390 Brickell Bay Drive, 183 SE 14th Street, 171 SE 14th Street, and
180 SE 13th Street, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 1.445± acres and a net lot area of approximately 0.99± 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 PROJECT is a proposal, which will allow the following changes to the original
application: The addition of 0,19 acres of land which is adjacent to the approved MUSP
property; Increased the number of residential units from 347 to approximately 364 units;
Decreased the number of parking spaces from 516 to approximately 501 spaces; Increased the
floor area from 338,809 square feet to approximately 447,989 square feet by adding 27
residential units and approximately 10,000 square feet of retail; Increased the building height
from 40 to 47 stories; Increased the retail from area from 11,902 square feet to approximately
21,388 square feet; Reduction of the parking podium by two floors; Approval of a Class II
Special Permit for the reduction in size of one loading bay from 12' x 55' to 12' x 35'; Extension
of the MUSP expiration date to September 26, 2006.
The proposed PROJECT will be comprised 477-foot, 47-story residential/mixed use
complex, with approximately 364 units with accessory recreational uses, approximately 21,388
square feet of retail space and approximately 501 parking spaces.
The ownership, operation and maintenance of common areas and facilities will be by the
property owner or (in the case of the property being converted to condominiums) a mandatory
property owner association in perpetuity pursuant to a recorded Declaration of Covenants and
Restrictions.
The Substantial Modification to a Major Use Special Permit Application for the
PROJECT also encompasses the following lower ranking Special Permits:
This Permit also includes the following requests:
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
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No. 02-1065):
1) a change in the original application for the addition of 0.19 acres of land which is
adjacent to the approved MUSP property;
2) a change in the original application to increase the number of residential units from
347 to approximately 364 units;
3) a change in the Original application to decrease the number of parking spaces from
516 to approximately 501 spaces;
4) a change in the original application to increase the floor area from 338,809 square
feet to approximately 447,989 square feet by adding 27 residential units and
approximately 10,000 square feet of retail;
5) a change in the original application to increase the building height from 40 to 47
stories;
6) a change in the original application to increase the retail from area from 11,902
square feet to approximately 21,388 square feet;
7) a change in the original application for the reduction of the parking podium by two
floors;
8) a change in the original application for the approval of a Class 11 Special Permit for
the reduction in size of one loading bay from 12' x 55' to 12' x 35'; and
9) an EXTENSION of the MUSP expiration date to September 26, 2006.
This Permit also includes the previous following requests as listed below:
CLASS 1 SPECIAL PERMIT as per Article 9, Section 906.6 for active recreational
facilities (including swimming pools);
CLASS I SPECIAL PERMIT as per Section 915.2 for FAA clearance letter;
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CLASS I SPECIAL PERMIT as per Article 9, Section 920.1, to allow a construction
trailer;
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 918.2 to permit staging and
parking during construction;
CLASS I SPECIAL PERMIT as per Article 9, Section 917.2.1 to allow valet parking for
residential and other uses;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.3.1 for development of new
construction within the SD-5 District;
CLASS II SPECIAL PEMRIT as per Article 4, Section 401, for a temporary construction
fence and covered walkway;
CLASS II SPECIAL PERMIT as per Article 9, Section 908.2, for access from a public
street or roadway width greater than 25 feet;
CLASS II SPECIAL PERMIT as per Article 6, Section 605.7.2 (1.a.), a nonrefundable
developer contribution of $12.40 to the Affordable Housing Trust Fund administered by
the City of Miami for every one square foot of increase up to a maximum increase of
one (1) square foot times the gross lot area; for a development bonus of 12,625 square
feet of additional floor area for a total of $156,550.00
CLASS II SPECIAL PERMIT as per Article 6, Section 605.10.2., offstreet loading
requirements shall be as required in the Office District, provided that special permit
requirements set forth therein shall be waived in cases where new development
involving general Class II Special Permits cover the same matters;
CLASS II SPECIAL PERMIT as per Article 9, to reduce one (1) 12' x 55' loading bay to
one (1) 12' x 35' loading bay.
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MAJOR USE SPECIAL PERMIT as per Article 17 for development of 364 residential
units;
MAJOR USE SPECIAL PERMIT as per Article 5, Section 502, PUD districts; minimum
area, maximum densities and maximum floor area ratios permitted, to increase by
twenty (20) percent;
MAJOR USE SPECIAL PERMIT as per Article 17 for a parking structure of 501 parking
spaces;
REQUEST WAIVER FROM CHAPTER 36 OF THE CITY CODE, request for waiver by
the City Commission of noise ordinance to allow continuous concrete pours;
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, 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.
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The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Zyscovich Inc., dated July 28, 2004; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Urban Resource Group, dated July 29, 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-5 (Brickell Avenue Area Office -
Residential District), 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
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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 shelf 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
Substantial Modification of a 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.
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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) Modify the garage pedestal plan to provide residential units in
the northeast corner of the parcel, on at least the first five levels, in order to reduce the
amount of garage area adjacent to city streets, and provide active uses and eyes on
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the street; (b) The appearance of the rest of the garage base of the building should be
re -studied to produce a more aesthetic solution. Continue the pattern of window and
balcony openings from the tower portion of the building into the garage area so that
the garage becomes integrated into the framework of the design, or consider an
artistic treatment for the garage facades; (c) Provide garage openings which are more
similar in scale and shape with the typical window openings in the residential levels,
rather than either of the two proposed solutions, which consist of the horizontal garage
openings and the continuous vertical louvers; (d) It is critical that parked cars and
mechanical systems within the garage be hidden from view. Provide screening
materials in order to cover garage openings, and provide details of the materials to the
committee, indicating how all vehicles and vehicular ramps will be concealed from
public view.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the applicant
shall meet the following conditions: The architect and the applicant shall strengthen
the connection along with recreation decks instead of penetrating through an enclosed
area so that there is actually a breezeway or stronger open space connection; The
applicant shall look at the articulation of the upper portion to further enhance it so that
there is a concerted effort to crown the building.
13. The Applicant shall be required to obtain a Certificate of Appropriateness for ground
disturbing activities at the site from the Historical and Environmental Preservation
Board (HBPB) prior to being heard by the City Commission.
14. A development bonus to permit a mixed use of 12,625 square feet of floor area will be
paid to the Affordable Housing Trust Fund an amount of $12.40 per square foot =
$156, 550.00.
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
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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
(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 Substantial Modification to a Major Use Special Permit.
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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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