HomeMy WebLinkAboutExhibit AEXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
PARAMOUNT PARK
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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 Paramount Park (hereinafter referred to as the "PROJECT") to
be located at approximately 728 Biscayne Boulevard and 225 NE 7 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
728 Biscayne Boulevard and 225 NE 7 Street, Miami, Florida. The PROJECT is located on a
gross lot area of approximately 3.41± acres and a net lot area of approximately 1.76± acres of
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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 756-foot, 68-story high mixed use structure to be
comprised of approximately 467 total multifamily residential units with recreational amenities;
approximately 120 hotel rooms; approximately 12,947 square feet of retail space; and
approximately 818 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 17 for development of 467 residential units and 120 hotel rooms;
MUSP, as per Article 17 for parking structures with approximately 818 parking spaces;
MUSP, as per Article 5 and Section 502, PUD to increase 20% of the total floor area, for
a maximum of 249,806 square feet of bonus;
Per City Code, Chapter 23-5a, Request for a Certificate of Appropriateness for ground
disturbing activity in an Archeological Conservation Area;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.2, for development of new
construction within the Central Commercial Residential District;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to request a waiver of City
of Miami Parking Guides and Standards to reduce one (1) of the required five (5)
loading berths from 12' x 55' to two (2) 10' x 20';
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction fence
and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating
areas and outdoor cafes;
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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 II SPECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor recreation
area.
CLASS II SPECIAL PERMIT, as per Article 9, Section 927, to allow temporary off -site
parking during construction;
CLASS II SPECIAL PERMIT, as per Article 9, Section 917.1.2 to allow valet parking for
other uses;
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 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;
REQUEST for applicable MUSP conditions to be required at the time of shell permit instead of
at issuance of foundation permit; and the requirement to record in the Public Records a unity of
title or covenant in lieu of unity of title, if applicable.
Pursuant to Articles 5, 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
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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 March 7, 2005; the landscape plan shall
be implemented substantially in accordance with plans and design schematics on file prepared
by Urban Resource Group, dated February 22, 2005; 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 SD-6 "Central Commercial -
Residential" Zoning classification, as contained in the Zoning Ordinance, the Zoning Ordinance
of the City of Miami, Florida, as amended. The existing comprehensive plan future and 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 Planning Department, prior to commencement
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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 MinoritylWomen
Business Affairs and Procurement Program as a guide.
5. 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
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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 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.
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 design related comments received by the Planning Director, the applicant
shall meet the following conditions: (a) Provide additional shade trees along NE 7
Street and NE 8 Street near Biscayne Boulevard; (b) A final landscape plan shall be
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submitted for review and approval of the Planning Director prior to the issuance of a
building permit.
12. Pursuant to HEPB Resolution 2005-04, 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.
13. That the height of the proposed structure shall conform to the Miami -Dade County
Height Zoning Ordinance as part of the process of obtaining a FAA "Determination of
No Hazard".
14. Applicant shall pay Downtown DRI fees within thirty (30) days of the effective date of
this Development Order.
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
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.
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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.
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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EXHIBIT "A"
ATTACHMENT TO
RESOLUTION NO,
DATE:
PARAMOUNT PARK
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known thj pursuant to Articles 5, 13 and 17 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, '',orida, has considered in a public hearing, the issuance of a
Major Use Special Permit for Param nt Park (hereinafter referred to as the "PROJECT") to
be located at approximately 728 Biscayn=\Boulevard and 225 NE 7 Street, Miami, Florida (see
legal description on "Exhibit B", attached d incorporated), is subject to any dedications,
bL
limitations, restrictions, reservations or easemer > of record,
After due consideration of the recommend ions of the Planning Advisory Board and
after due consideration of the consistency of this posed development with the Miami
Comprehensive Neighborhood Plan, the City Comrnissio` has approved the PROJECT, and
subject to the following conditions approves the Major Us-� Special Permit and issues this
Permit
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed use development to be locate:, at approximately
728 Biscayne Boulevard and 225 NE 7 Street, Miami, Florida. The PROJECT ° located on a
gross lot area of approximately 3.411 acres and a net lot area of approximately 1.`'..± acres of
land (more specifically described on "Exhibit B", incorporated herein by reference). The
recinder of the PROJECT's Data Sheet is attached and incorporated as "Exhibit C".
e proposed PROJECT will be a 756-foot, 68-story high mixed use structure to be
comprised i approximately 467 total multifamily residential units with recreational amenities;
approximately 1 I hotel rooms; approximately 12,947 square feet of retail space; and
approximately 818 tot arking spaces; providing for certain floor area ratio ("EAR") bonuses.
The Major Use Special Permit A'cation for the PROJECT also encompasses the following
lower ranking Special Permits:
MUSP, as per Article 17 for develop nt of 467 residential units and 120 hotel rooms;
MUSP, as per Article 17 for parking struct es with approximately 818 parking spaces;
MUSP, as per Article 5 and Section 502, PUD increase 20% of the total floor area, for
a maximum of 249,806 square feet of bonus;
Per City Code, Chapter 23-5a, Request for a Certificat ,of Appropriateness for ground
disturbing activity in an Archeological Conservation Area;
CLASS II SPECIAL PERMIT, as per Article 6, Section 606.3.2, r development of new
construction within the Central Commercial Residential District;
CLASS II SPECIAL PERMIT, as per Article 15, Section 1512, to requests waiver of City
of Miami Parking Guides and Standards to reduce one (1) of the requ°F,,ed five (5)
loading berths from 12' x 55' to two (2) 10' x 20';
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow construction\-nce
and covered walkway;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for signage approval;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating
areas and outdoor cafes;
CLASS ll 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;
ASS 11 SPECIAL PERMIT, as per Article 9, Section 920.1, to allow a trailer(s) for
cons ' . ction and other temporary offices such as leasing and sales;
CLASS II ECIAL PERMIT, as per Article 9, Section 906.6, for pool/outdoor recreation
area.
CLASS II SPECIAL RM1T, as per Article 9, Section 927, to allow temporary off -site
parking during constructio
CLASS II SPECIAL PERMIT, as r Article 9, Section 917.1.2 to allow valet parking for
other uses;
CLASS I SPECIAL PERMIT, as per Article', Section 906.9, to allow for a special event
namely a ground breaking ceremony;
CLASS l SPECIAL PERMIT, as per Article 9, Sect 918.2, for parking and staging of
construction during construction;
CLASS I SPECIAL PERMIT, as per
development/construction/rental signage;
CLASS I SPECIAL PERMIT, as per Article 9, Section 920.1, tom I1ow a construction
trailer and watchman's quarters;
Article
9, ction 925.3,8, to allow
REQUEST for applicable MUSP conditions to be required at the time of shell permitstead of
at issuance of foundation permit; and the requirement to record in the Public Records a : ity of
title or covenant in lieu of unity of title, if applicable.
Pursuant to Articles 5, 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
sche ° atics on file prepared by Arquitectonica, dated March 7, 2005; the landscape plan shall
be imple ° - rated substantially in accordance with plans and design schematics on file prepared
ass
by Urban Resod=_ce Group, dated February 22, 2005; said design and landscape plans may be
permitted to be mod h =.-d only to the extent necessary to comply with the conditions for approval
imposed herein; all modia ions shall be subject to the review and approval of the Planning
Director prior to the issuance oy building permits; and
The PROJECT conforms t: the requirements of the SD-6 "Central Commercial-
Residential" Zoning classification, as con i d in the Zoning Ordinance, the Zoning Ordinance
of the City of Miami, Florida, as amended. T - existing comprehensive plan future land use
designation on the subject property allows the pr
Po
d uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR A"�� IGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PER gTS, SHALL COMPLY
WITH THE FOLLOWING:
1. Meet all applicable building codes, land development regulations, dinances and
other laws and pay all applicable fees due prior to the issuance of a buildir' permit.
2. Allow the Miami Police Department to conduct a security survey, at the opt' b of the
Department, and to make recommendations concerning security measure= and
systems; further submit a report to the Planning Department, prior to commencem
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.
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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
pecific requirements for fire protection and life safety systems, exiting, vehicular
acc s and water supply,
4. Obtain =��«royal from, or provide a letter of assurance from the Department of Solid
Waste that thPROJECT has addressed all concerns of the said Department prior to
the obtainment ofhell permit.
5. Comply with the Mir=+rity Participation and Employment Plan (including a
Contractor/Subcontractor P icipation Plan) submitted to the City as part of the
Application for Development Ap vat, with the understanding that the APPLICANT
must use its best efforts to follow e provisions of the City's Minority/Women
Business Affairs and Procurement Progra \as a guide.
6. Record the following in the Public Records
Dade County, Florida, prior to the
issuance of a Temporary Certificate of °coupe or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing th:the ownership, operation and
maintenance of all common areas and facilities will be :. 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 rorded copy of the
MUSP permit resolution and development order, and further, an exec d, record able
unity of title or covenant in lieu of unity of title agreement for the subject p erty; said
agreement shall be subject to the review and approval of the City Attorney's 0
8. Provide the Planning Department with a temporary construction plan that include
following: a temporary construction parking plan, with an enforcement policy;
construction noise management plan with an enforcement policy; and a maintenance
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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
hall be enforced during construction activity. All construction activity shall remain in
full cpliance with the provisions of the submitted construction plan; failure to comply
may lead suspension or revocation of this Major Use Special Permit.
In so far as t' . Major Use Special Permit includes the subordinate approval of a
series of Class I eciai Permits for which specific details have not yet been
developed or provided, e applicant shall provide the Planning Department with all
subordinate Class I Special' ermit plans and detailed requirements for final review
and approval of each one prior f the issuance of any of the subordinate approvals
required in order to carry out any oT=he requested activities and/or improvements
listed in this development order or caption
n the plans approved by it.
10. If the project is to be developed in phases, th Applicant shall submit an interim plan,
including a landscape plan, which addresses de ign details for the land occupying
future phases of this Project in the event that the f re phases are not developed,
said plan shall include a proposed timetable and sha be subject to review and
approval by the Planning Director.
11. Pursuant to design related comments received by the Planning !rector, the applicant
shall meet the following conditions: (a) Provide additional shade ees along NE 7
Street and NE 8 Street near Biscayne Boulevard; (b) A final landscap plan shall be
submitted for review and approval of the Planning Director prior to the is ance of a
building permit.
12, Pursuant to HEPB Resolution 2005-04, the applicant shall meet the folio mg
conditions: (a) A phase 1 archeological assessment prior to construction an
archeological monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and Historical
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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
do umenting the results of this investigation.
13. That t height of the proposed structure shall conform to the Miami -Dade County
Height Zon g Ordinance as part of the process of obtaining a FAA "Determination of
No Hazard'.
14. That corrections d\the Zoning Data Table reflecting hotel and commercial parking
requirements shall be de prior to being heard by the City Commission.
15. Applicant shall pay Downt n DRI fees within thirty (30) days of the effective date of
this Development Order.
16. Within 90 days of the effective daft of this Development Order, record a certified copy
of the Development Order specifying ° gat the Development Order runs with the land
and is binding on the Applicant, its success s, and assigns, jointly or severally,
THE CITY SHALL:
Establish the operative date of this Permit as bein. irty (30) days from the date
of its issuance; the issuance date shall constitute the comme ° ement 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 Comprehen ve
Neighborhood Plan, as amended, is consistent with the orderly development and goals of th
City of Miami, and complies with local land development regulations and further, pursuant to
Section 1703 of the Zoning Ordinance:
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(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) he PROJECT will efficiently use necessary public facilities; and
(5) th PROJECT will not negatively impact the environment and natural resources
of the Cry; and
(6) the PROJET will not adversely affect public safety; and
(7)
(6)
the public welfa will be served by the PROJECT; and
any potentially adrse effects of the PROJECT will be mitigated through
conditions of this Major se Special Permit.
The proposed development does not nreasonably 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 Orc nance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parkingnd 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 administratiIy during the process of issuing
individual building permits and certificates of occupancy.
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