HomeMy WebLinkAboutExhibit AEXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
CHANTICLEER BAYVIEW CONDOMINIUMS
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 Chanticleer Bayview Condominiums (hereinafter referred to as
the "PROJECT") to be located at approximately 530, 606, 622, 626 and 634 West Flagler
Street; 625, 637 and 643 SW 1 Street; and 20, 28, 35, 36 and 44 SW 6 Avenue, 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
530, 606, 622, 626, and 634 West Flagler Street; 625, 637 and 643 SW 1 Street; and 20, 28,
35, 36, and 44 SW 6 Avenue, Miami, Florida. The PROJECT is located on a gross lot area of
approximately 2.975± acres and a net lot area of approximately 2.122± 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 a 196-foot, 21-story high mixed use structure to be
comprised of approximately 245 total multifamily residential units with recreational amenities,
approximately 10,700 square feet of retail space; approximately 19,810 square feet of office
space; and approximately 603 total parking spaces; providing for certain floor area ratio ("FAR")
bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following
lower ranking Special Permits:
MUSP, as per Article 9 and Section 914 to permit additional floor area ratio as a bonus
through developer contribution to the Affordable Housing Trust Fund. Requesting an
additional 55,739 sq. ft. at an amount of $12.40 per square foot for a total of
$691,163.60;
MUSP, as per Article 5, Section 502, PUD district, to increase the floor area by 20% of
the total floor area, for a maximum of 44,591 square feet of bonus;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor recreation
area;
CLASS 11 SPECIAL PERMIT, as per Article 4, Section 620.3.1, to allow construction
fence and covered walkway;
CLASS 11 SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS I SPECIAL PERMIT, as per Article 9, Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS 1 SPECIAL PERMIT, to permit staging and parking during construction (to be
approved prior to obtaining a building permit from the Department of Planning and
Zoning);
CLASS I SPECIAL PERMIT as per Article 9, Section 925.3.8, 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;
SPECIAL EXCEPTION, as per Section 915.2 for FAA clearance letter;
CLASS I 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;
REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of
at issuance of foundation permit;
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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.
Per City Code, Chapter 36, Construction Equipment Request for waiver of noise ordinance
while under construction for continuous pours.
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 Mouriz Salazar & Associates, Inc., dated April 30, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Mariano Corral Landscape Architects, dated November 24,
2003; 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 Planning Director prior to the issuance of any building
permits; and
The PROJECT conforms to the requirements of the C-1 "Restricted Commercial" Zoning
classification, as contained in the Zoning Ordinance, the Zoning Ordinance of the City of Miami,
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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 Planning Department, 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 Planning Director 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.
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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, record able
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 Planning Department 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 Planning Department 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.
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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 Planning Department 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 Planning Director.
11. Pursuant to HEPB Resolution 2005-11, the applicant shall meet the following
conditions: (a) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and Historical
Conservancy, Inc.; (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.
12. A development bonus to permit a mixed use of 55,739 square feet of floor area shall
require payment to the Affordable Housing Trust Fund of an amount of $12.40 per
square foot = $691,163.60.
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13. 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
(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.
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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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