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HomeMy WebLinkAboutExhibit AEXHIBIT "A" ATTACHMENT TO RESOLUTION NO. DATE: BAYVIEW MARKET 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 Bayview Market (hereinafter referred to as the "PROJECT") to be located at approximately NE 17 Street and NE 2 Avenue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Terrace; 67 NE 17 Terrace; 69 NE 17 Terrace; 75 NE 17 Terrace; and 79 NE 17 Terrace, 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 NE 17 Street and NE 2 Avenue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Terrace; 67 NE 17 Terrace; 69 NE 17 Terrace; 75 NE 17 Terrace; and 79 NE 17 Terrace, Miami, Florida. The THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT, PROJECT is located on a gross lot area of approximately 8.715± acres and a net lot area of approximately 6.98± 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 140-foot, four story high mixed use structure to be comprised of approximately 693,082 square feet of retail space (14,325 sq. ft. of which is street side); approximately 24 total loft residential units; and approximately 2,360 total parking spaces. The Major Use Special Permit Application for the PROJECT also encompasses the following lower ranking Special Permits: MUSP, as per Article 17 for parking structure of approximately 2,360 parking spaces; SPECIAL EXCEPTION, as per Article 4, Section 401, to permit residential uses within the C-2 zoning district at a density of R-3 or higher; VARIANCE, as per Article 4, Section 401, schedules of district regulations, 120 feet or 10 stories maximum allowed height; Required 120 feet or 10 stories Proposed 140 feet or 10 stories Request to increase 20 feet 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 908.2, for access for a public street roadway width greater than twenty-five feet; CLASS Il SPECIAL PERMIT, as per Article 4, Section 401, for temporary construction fence and covered walkway; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-2 of 8 areas and outdoor cafes; CLASS I SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS I SPECIAL PERMIT, as per Article 9, Section 925.3.8, to allow developmenticonstructionlrental signage; 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 918.2, for parking and staging of offsite parking for construction crews; 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, to allow a trailer for construction trailer and other temporary office uses 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; REQUEST WAIVER from Chapter 36 of the City Code, request for waiver by the City Commission of noise ordinance while under construction for allow continuous pours. REQUEST that the following MUSP conditions to be required at the time of Temporary Certificate of Occupancy or Final Certificate of Occupancy Instead of at 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-3of8 b. 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. The PROJECT shall be constructed substantially in accordance with plans and design schematics on file prepared by Perkins & Will, dated July 6, 2004; the landscape plan shall be implemented substantially in accordance with plans and design schematics on file prepared by Kimley-Horn and Associates, Inc., dated July 23, 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 C-2 "Liberal Commercial" Zoning classification, 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, 1TS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY WITH THE FOLLOWING: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-4 of 8 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 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 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP, ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-5 of 8 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. 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) The loading bay area to the west of the building along NE 17 Terrace shall be screened from view from the street and provide an THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-6 of 8 attractive gate allowing entry into this area; (b) The pedestrian sidewalk area shall be maintained with a consistent, recognizable pattern and height, which shall continue across the vehicular entrances in order to give dominance to the pedestrian realm over the vehicular areas; (c) Relocate the shade trees along NE 2 Avenue so that they are aligned close to the edge of the curb in the public right of way (at no greater than 33' on center) to provide a buffer for pedestrians from vehicular traffic, and to continue this treatment of shade trees along NE Miami Place as well; (d) Along the north side of the site, parallel to the City of Miami Cemetery, provide a double planting of evergreen trees such as green buttonwood or beauty leaf in lieu of the single trunk palms. 12. 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 s being thirty (30) days from the date is issuance; the issuance date shall constitute the commencement of the thirty (30) day period to appeal from the provisions of the Pern�i 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 developmentregulations 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-7 of 8 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. 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL BACKUP. ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Page A-8 of 8 EXHIBIT "A" ATTACHMENT TO RESOLUTION NO. DATE: BAYVIEW MARKET MAJOR USE SPECIAL PERMIT DEVELOPMENT ORDER Let it be know' ..that pursuant to Articles 13 and 17 of Ordinance No. 11000, the Zoning Ordinance of the City of Mi Florida, as amended (the "Zoning Ordinance"), the Commission of the City of Miami, Florida, h:s. considered in a public hearing, the issuance of a Major Use Special Permit for Bayview Market Hereinafter referred to as the "PROJECT') to be located at approximately NE 17 Street and NE 2 A ".< ue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Terrace; 67 NE 17 Terrace; 69 NE 17 Terr- 75 NE 17 Terrace; and 79 NE 17 Terrace, Miami, Florida (see legal description on "Exhibit " attached and incorporated), is subject to any dedications, limitations, restrictions, reservations o asements of record. After due consideration of the recommendations :' gthe Planning Advisory Board and after due consideration of the consistency of this propose •' .•evelopment with the Miami Comprehensive Neighborhood Plan, the City Commission has ap -•ved the PROJECT, and subject to the following conditions approves the Major Use Special "a mit and issues this Permit: FINDINGS OF FACT PROJECT DESCRIPTION: The proposed PROJECT is a mixed use development to be located at approximatelyE 17 Street and NE 2 Avenue; 51 NE 17 Terrace; 59 NE 17 Terrace; 65 NE 17 Terrace; 67 NE 17 Terrace; 69 NE 17 Terrace; 75 NE 17 Terrace; and 79 NE 17 Terrace, Miami, Florida. The -TO la PROJECT is located on a gross lot area of approximately 8.715± acres and a net lot area of aPP mately 6.98± acres of land (more specifically described on "Exhibit B", incorporated herein reference). The remainder of the PROJECT's Data Sheet is attached and incorporate as "Exhibit C. The promised PROJECT will be a 140-foot, four-story high mixed -use structure to be comprised of appro mmately 653,659 square feet of retail space (14,325 sq. ff. of which is street side); approximately 24' Vital loft residential units; and approximately 2,360 total parking spaces. The Major Use Special Perm pplication for the PROJECT also encompasses the following lower ranking Special Permits: MUSP, as per Article 17 for pa ing structure of approximately 2,360 parking spaces; SPECIAL EXCEPTION, as per �' . isle 4, Section 401, to permit residential uses within the C-2 zoning district at a density o -3 or higher; VARIANCE, as per Article 4, Section '1, schedules of district regulations, 120 feet or 10 stories maximum allowed height; Required Proposed Request to increase 120 -et or 10 stories 140 fee or 10 stories 20 feet CLASS li SPECIAL PERMIT, as per Article 9, Section 927, allow temporary off -site parking during construction; CLASS II SPECIAL PERMIT, as per Article 9, Section 908.2, for cess for a public street roadway width greater than twenty-five feet; CLASS II SPECIAL PERMIT, as per Article 4, Section 401, for temporary •nstruction fence and covered walkway; Page A-2 of 8 LASS II SPECIAL PERMIT, as per Article 4, Section 401, to allow for outdoor eating ar s and outdoor cafes; CLASS I SPECIAL PERMIT, as per Article 4, Section 401, for signage approval; CLASS SPECIAL PERMIT, as per Article 9, Section 925,3.8, to allow developmen .,.nstruction/rental sig nage; CLASS I SPEC! t` PERMIT, as per Article 9, Section 918.2, for parking and staging of construction during struction; CLASS I SPECIAL PER IT as per Article 9, Section 918,2, for parking and staging of offsite parking for constructi=` * crews; CLASS I SPECIAL PERMIT, a,.:er Article 9, Section 920.1, to allow a construction trailer and watchman's quarters; CLASS I SPECIAL PERMIT, as per r#icle 9, Section 920, to allow a trailer for construction trailer and other temporary offs uses such as leasing and sales; CLASS 1 SPECIAL PERMIT, as per Article 9, ction 906.9, to allow for a special event namely a ground breaking ceremony; REQUEST WAIVER from Chapter 36 of the City Code, request for waiver by the City Commission of noise ordinance while under construction for allow cctinuous pours. REQUEST that the following MUSP conditions to be required at thtime of Temporary Certificate of Occupancy or Final Certificate of Occupancy Instead of at iss rice of foundation permit; a. The requirement to record in the Public Records a Declaration of Cove nts and Restrictions providing that the ownership, operation and maintenance of all co ;: mon Page A-3of8 yeas 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 13 ar'1t 17 of Zoning Ordinance 11000, approval of the requested Major Use Special Permit shall be nsidered sufficient for the subordinate permits requested and referenced above as well as any her special approvals required by the City which may be required to carry out the requested plan The PROJECT shall be constructed sut�tantially in accordance with plans and design schematics on file prepared by Perkins & Will, date my 6, 2004; the landscape plan shall be implemented substantially in accordance with plans and sign schematics on file prepared by Kimley-Hom and Associates, Inc., dated July 23, 2004; said sign and landscape plans may be permitted to be modified only to the extent necessary to cahply with the conditions for approval imposed herein; all modifications shall be subject to the re Planning Director prior to the issuance of any building permits; and The PROJECT conforms to the requirements of the C-2 "Liberal w and approval of the Co ercial" Zoning classification. as contained in the Zoning Ordinance, the Zoning Ordinance of the ity of Miami, Florida, as amended. The existing comprehensive plan future land use designate on the subject property allows the proposed uses. CONDITIONS Page A-4 of 8 THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR SEVEY, 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 Pcslce Department to conduct a security survey, at the option of the Department, and to fake recommendations concerning security measures and systems; further submit er,eport to the Planning Department, prior to commencement of construction, ciemonstratin how the Police Department recommendations, if any, have been incorporated into the PROJECT security and construction plans, or demonstrate to the Planning Directory such recommendations are impractical. 3. Obtain approval from, or provide a le r from the Department of Fire -Rescue indicating APPLICANT'S coordination with mpers of the Fire Plan Review Section at the Department of Fire -Rescue in the review of tle 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 epartment of Solid Waste that the PROJECT has addressed ail concerns of the said ©apartment prior to the obtainment of a shell permit. 5. Comply with the Minority Participation and Employment Plan (i ° uding a Contractor/Subcontractor Participation Plan) submitted to the City as pa of the Application for Development Approval, with the understanding that the APPLIs:= NT must use its best efforts to follow the provisions of the City's Minority/Worn Business Affairs and Procurement Program as a guide. Page A-5 of 8 Record the following in the Public Records of Dade County, Florida, prior to the uance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a Decoration of Covenants and Restrictions providing that the ownership, operation and mainte nce of all common areas and facilities will be by the property owner or a mandatoryroperty 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 subjt to the review and approval of the City Attorney's Office. Rt 8. Provide the Planning Depaent with a temporary construction plan that includes the following_ a temporary constriction parking plan, with an enforcement policy; a construction noise management pldn with an enforcement policy; and a maintenance `'gyp plan for the temporary construction sitk said plan shall be subject to the review and approval by the Planning Department priorirc the issuance of any building permits and shall be enforced during construction activity. 11 construction activity shall remain in full compliance with the provisions of the submitte'onstruction plan; failure to comply may lead to a suspension or revocation of this Major Special Permit. 9. In so far as this Major Use Special Permit includes th 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 PlanninDepartment with all subordinate Class 1 Special Permit plans and detailed requiremen s for final review and approval of each one prior to the issuance of any of the subordiite approvals required in order to carry out any of the requested activities and/or i(ovements 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 lan, including a landscape plan, which addresses design details for the land occupyin'\ Page A-6 of 8 re phases of this Project in the event that the future phases are not developed, said .Ian shall include a proposed timetable and shall be subject to review and approve ' •y the Planning Director. 11. Pursuant to `.eesign related comments received by the Planning Director, the applicant shalt meet the f• owing conditions: (a) The loading bay area to the east of the building along NE 17 Terr= e shall be screened from view from the street and provide an attractive gate allowing -ntry into this area; (b) The pedestrian sidewalk area shall be maintained with a consist t, recognizable pattern and height, which shall continue across the vehicular entrance • ,in order to give dominance to the pedestrian realm over the vehicular areas; (c) Rel+ ate the shade trees along NE 2 Avenue so that they are aligned close to the edge of t e curb in the public right of way (at no greater than 33' on center) to provide a buffer fo,-. pedestrians from vehicular traffic, and to continue this treatment of shade trees along •. E Miami Place as well; (d) Along the north side of the site, parallel to the City of Miami metery, provide a double planting of evergreen trees such as green buttonwood or beau leaf in lieu of the single trunk palms. 12, Within 90 days of the effective date of this Development Orde record a certified copy of the Development Order specifying that the Development Ord runs with the land and is binding on the Applicant, its successors, and assigns, jointly or everally. THE CITY SHALL: Establish the operative date of this Permit as being thirty (30) days from "Pe date of its issuance; the issuance date shall constitute the commencement of the thirty 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 Miami, d complies with local land development regulations and further, pursuant to Section 1703 of th oning Ordinance: (1) the PR s CT will have a favorable impact on the economy of the City; and (2) the PROJEwill efficiently use public transportation facilities; and (3) the PROJECTfavorably affect the need for people to find adequate housing reasonably accessib to their places of employment and (4) the PROJECT will efficitly use necessary public facilities; and (5) (8) (7) (8) 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 theROJECT; and any potentially adverse effects of thefOJECT will be mitigated through conditions of this Major Use Special Permit. The proposed development does not unreasonably interferevith the achievement of the objectives of the adopted State Land Development Plan applicable to t)le City of Miami. Pursuant to Section 1305 of the Zoning Ordinance, the specific sit plan aspects of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse a' d service areas, signs and lighting, utilities, drainage and control of potentially adverse effects\ eneraliy have been considered and will be further considered administratively during the procesof issuing individual building permits and certificates of occupancy. Page A-8 of 8