Loading...
HomeMy WebLinkAboutExhibit AEXHIBIT "A" ATTACHMENT TO RESOLUTION NO. DATE: PARAMOUNT AT EDGEWATER SQUARE 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 issuance of a Major Use Special Permit for Paramount at Edgewater Square (hereinafter referred to as the "PROJECT") to be located at approximately 317, 341, 345 and 363 NE 20th Terrace; 340 & 348 NE 21 st Street; and 2040, 2066, and 2072 North Bayshore Drive, 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: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. The proposed PROJECT is a mixed use development to be located at approximately 317, 341, 345 and 363 NE 20th Terrace; 340 & 348 NE 21 st Street; and 2040, 2066, and 2072 North Bayshore Drive, Miami, Florida. The PROJECT is located on a gross lot area of approximately 4.13± acres and a net lot area of approximately 2.72± 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 496-foot, 46-story mixed use structure comprised of approximately 355 total multifamily residential units with recreational amenities, approximately 29,766 square feet of retail space, and approximately 452 total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MUSP, per Article 17, for development of 355 residential units; MUSP, as per Article 5, Section 502, PUD District, to increase the floor area by twenty percent; MUSP, as per Article 9, Section 914, a development bonus of 92,780 square feet of additional floor area, and to pay into the Affordable Housing Trust Fund an amount of $12.40 per square foot = $1,150,472.00; MUSP, as per Article 17, for parking structures with approximately 589 parking spaces; CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to allow a construction fence and covered walkway; CLASS !I SPECIAL PERMIT, as per Article 6, Section 620, for development of new construction within the SD-20 and SD-20.1 Districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS II SPECIAL PERMIT, as per Article 4, Section 41, to allow for outdoor eating areas and outdoor cafes; Page A-2 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public street roadway with driveway greater than twenty five feet in width; CLASS II 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; 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, to permit staging and parking during construction; CLASS I SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow development/construction/rental signage; CLASS 1 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; 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 Major Use Special Permit shall be considered sufficient for the subordinate permits requested Page A-3 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 Arquitectonica, dated December 6, 2004; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Urban Landscape, Inc., dated December 6, 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 Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the R-4 "Multifamily High Density Residential" with an SD-20 "Edgewater Overlay District" and C-1 "Restricted Commercial" with an SD-20/SD-20.1 "Edgewater Overlay District" Zoning Classifications and the proposed C-1 "Restricted Commercial" with an SD-201SD-20.1 Edgewater Overlay District" and SD-19 "Designated F.A.R. Overlay District, F.A.R. of 2.4" 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 Page A-4 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. 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 Page A-5 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 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 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. Page A-6of9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 the review of the Design Review Committee, the applicant shall meet the following conditions: (1) Indicate the material of this garage screening and confirm that vehicles and garage mechanical systems will be completely screened from view; (2) The loading bay area shall be screened from public view and provided with a decorative entry gate so that the loading vehicles are not visible from the public right of way; (3) The east elevation detail shall be clarified by providing a version of the drawing without landscaping, and including the existing house to remain on the site. The elevation detail is not consistent with the floor plan and landscaping plan, and the drawings shall be revised so that they are coordinated; (4) The final version of the art mural for the necessary blank wall portions of the project facing the interior lot shall be required to be approved by the committee; and (5) The applicant must construct all the public amenity improvements shown on sheet No. L1.01. of the December 3, 2004 Major Use Special Permit (MUSP) application for the "Paramount at Edgewater Square" development. 12. That the accompanying requested applications for Change of Zoning for this property being approved by the City Commission. 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. Page A-7 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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) (2) (3) (4) (5) (6) (7) (8) the PROJECT will have a favorable impact on the economy of the City; and the PROJECT will efficiently use public transportation facilities; and the PROJECT will favorably affect the need for people to find adequate housing reasonably accessible to their places of employment; and the PROJECT will efficiently use necessary public facilities; and 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 Major Use Special Permit. Page A-8 of 9 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. EXHIBIT "A" ATTACHMENT TO RESOLUTION NO. DATE: PARAMOUNT AT EDGEWATER SQUARE 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 Cit ,of Miami, Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami,IN ida, has considered in a public hearing, the issuance of a � Major Use Special Permit for Paramou�r►t at Edgewater Square (hereinafter referred to as the "PROJECT") to be located at approximately 17, 341, 345 and 363 NE 20th Terrace; 340 & 348 NE 21st Street; and 2040, 2066, and 2072 Nfih Bayshore Drive, Miami, Florida (see legal description on "Exhibit B", attached and incorporate, is subject to any dedications, limitations, restrictions, reservations or easements of record. After due consideration of the recommendations cif the Planning Advisory Board and after due consideration of the consistency of this propose development with the Miami Comprehensive Neighborhood Plan, the City Commission has a4roved the PROJECT, and subject to the following conditions approves the Major Use SpeciaePermit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at appr« imately 317, 341, 345 and 363 NE 20th Terrace; 340 & 348 NE 21 st Street; and 2040, 2066, an: z 072 North Bayshore Drive, Miami, Florida, The PROJECT is located on a gross lot area of oximately 4.13± acres and a net lot area of approximately 2.72± acres of land (more specific ly described on "Exhibit B", incorporated herein by reference). The remainder of the PROJECT's ate Sheet is attached and incorporated as "Exhibit C". The prop ed PROJECT will be a 496-foot, 46-story mixed use structure comprised of approximately 355 to I multifamily residential units with recreational amenities, approximately 29,766 square feet of reta pace, and approximately 452 total parking spaces. The Major Use Specie ermit Application for the PROJECT also encompasses the following lower ranking Special Pe MUSP, per Article 17, for develop ent of 355 residential units; MUSP, as per Article 5, Section 502, UD District, to increase the floor area by twenty percent; MUSP, as per Article 9, Section 914, a devel ment bonus of 121,909 square feet of additional floor area, and to pay into the Affordabl Housing Trust Fund an amount of S12.40 per square foot = $1,511,671.80; MUSP, as per Article 17, for parking structures with approxi `=Ttely 589 parking spaces; CLASS 11 SPECIAL PERMIT, as per Article 4, Section 401, to al w a construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 6, Section 620, for deve° pment of new construction within the SD-20 and SD-20.1 Districts; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approve CLASS II SPECIAL PERMIT, as per Article 4, Section 41, to allow for outdoor =`.ting areas and outdoor cafes; CLASS It SPECIAL PERMIT, as per Article 9, Section 908.2, for access from a public street roadway with driveway greater than twenty five feet in width; CLASS II SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for Page A-2 of 8 construction and other temporary offices such as leasing and sales; 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, as per Article 9, Section 918.2, to permit staging and ng during construction; CtAS ,� t SPECIAL PERMIT, as per Article 10, Section 10.3.2.2, to allow developmertflconstruction/rental signage; CLASS 1 SPECK PERMIT, as per Article 9, Section 920.1, to allow a construction trailer and watchnian`S_quarters; REQUEST that the following MUSP cdn}ditions 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 df 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 Major Use Special Permit shall be considered sufficient for the subordinate perm"rts requested and referenced above as well as any other special approvals required by the City whiff? may be required to carry out the requested plans. The PROJECT shall be constructed substantially in accordance with plans and de gn schematics on f11e prepared by Arquitectonica, dated December 6, 2004; the landscape plan Page A-3 of 8 shall be implemented substantially in accordance with plans and design schematics on file ared by Urban Landscape, Inc., dated December 6, 2004; said design and landscape plans may be ermitted to be modified only to the extent necessary to comply with the conditions for approval im sed herein; all modifications shall be subject to the review and approval of the Planning Directo rior to the issuance of any building permits; and The PROSE conforms to the requirements of the R-4 'Multifamily High Density Residential" with an SD- "Edgewater Overlay District" and C-1 "Restricted Commercial" with an SD-201SD-20.1 "Edgewat Overlay District" Zoning Classifications and the proposed C-1 "Restricted Commercial" with a SD-20fSD-20.1 Edgewater Overlay District" and SD-19 "Designated F.A.R. Overlay District, A.R. of 2.4" Zoning classifications, as contained in the Zoning Ordinance, the Zoning Ordinan of the City of Miami, Florida, as amended. The existing comprehensive plan future land use designation on the subject property allows the proposed uses. CONDITION THE APPLICANT, ITS SUCCESSORS, AND/ 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 regul ions, ordinances and other laws and pay all applicable fees due prior to the issuance f a building permit including the required Affordable Housing Trust fund contribution of $ }, .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 opn of the Department, and to make recommendations concerning security measure = ® and systems; further submit a report to the Planning Department, prior to commence Page A-4 of 8 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. Obtain approval from, or provide a letter from the Department of Fire -Rescue in gating 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 requirelents for fire protection and life safety systems, exiting, vehicular access and water si tly. 4. Obtain approval from, or pros Waste that the PROJECT has the obtainment of a shell permi 5. Comply with the Minority e a letter of assurance from the Department of Solid ad&sled all concerns of the said Department prior to t. Participatio and Employment Plan (including a Contractor/Subcontractor Participation Plan) ibmitted to the City as part of the Application for Development Approval, with the uiijerstanding that the APPLICANT must use its best efforts to follow the provisions the City's Minority/Women Business Affairs and Procurement Program as a guide. 6, Record the following in the Public Records of Dade County, f lorida, prior to the issuance of a Temporary Certificate of Occupancy or Certificate Occupancy, a Declaration of Covenants and Restrictions providing that the ownership, eration and maintenance of all common areas and facilities will be by the property o ner 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 MUSP permit resolution and development order, and further, an executed, record able Page A-5 of 8 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. 'rovide the Planning Department with a temporary construction plan that includes the foil ig: a temporary construction parking plan, with an enforcement policy; a construction nose management plan with an enforcement policy; and a maintenance plan for the ter porary 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 duringponstruction 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 Pertnit includes the subordinate approval of a series of Class I Special Permits for whic=specific details have not yet been developed or provided, the applicant shall provide -he Planning Department with all subordinate Class I Special Permit plans and detaile4%, equirements for final review and approval of each one prior to the issuance of any o he 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 approve y it. 10. If the project is to be developed in phases, the Applicant shall submit' n interim plan, including a landscape plan, which addresses design details for the las• occupying future phases of this Project in the event that the future phases are not veloped, said plan shall include a proposed timetable and shall be subject to rev }. and approval by the Planning Director. 11. Pursuant to the review of the Design Review Committee, the applicant shall meet the following conditions: (1) Indicate the material of this garage screening and confirm that vehicles and garage mechanical systems will be completely screened from view; (2) Page A-6 of 8 The proposed driveway entrance on North Bayshore Drive is unnecessary and shall be removed for utilization of this area for pedestrian uses, additional retail, and/or open space; (3) The loading bay area shall be screened from public view and provided nth a decorative entry gate so that the loading vehicles are not visible from the public nighof way; (4) The east elevation detail shall be clarified by providing a version of the drawin• , ithout landscaping, and including the existing house to remain on the site. The elevatotz detail is not consistent with the floor plan and landscaping plan, and the drawings shall revised so that they are coordinated; (5) The final version of the art mural for the necesry blank wall portions of the project facing the interior lot shall be required to be approves y the committee. 12. That the accompanying regrsted applications for Change of Zoning for this property being approved by the City Comission. 13. A development bonus to permit a red use of 121,909 square feet of floor area will require payment to the Affordable Hosing Trust Fund of an amount of $12.40 per square foot = $1,511,671,80. 14. Within 90 days of the effective date of this Devrpment 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 as ns, jointly or severally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days f the date of its issuance; the issuance date shall constitute the commencement of the ttty (30) day period to appeal from the provisions of the Permit. Page A-7 of 8 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 MianiV.and complies with local land development regulations and further, pursuant to Section 1703 of th ,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 *U1 favorably affect the need for people to find adequate housing reasonably accessible4o their places of employment; and (4) the PROJECT will efficieny use necessary public facilities; and (5) the PROJECT will not negatiy impact the environment and natural resources of the City; and (6) the PROJECT will not adversely affect blic safety; and (7) (8) the public welfare will be served by the PRCI`CT; and any potentially adverse effects of the PROD T will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interfere with the hievement of the objectives of the adopted State Land Development Plan applicable to the City of.;ami. Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan asp'cts of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service',.reas, signs and lighting, utilities, drainage and control of potentially adverse effects generally h been considered and will be further considered administratively during the process of issuing individual building permits and certificates of occupancy. Page A-8 of 8