HomeMy WebLinkAboutAnalysisANALYSIS
MAJOR USE SPECIAL PERMIT
for
8A|AM| RIVER RAPIDS
located mtapproximately
1701. 1801. 1825 and 1851 Delaware Parkway and 2990 NW South River [}rive
LEGISTAR FILE ID: 06-00615mu
Pursuant UrOrdinance 11O0O.aeamended, the Zoning Ordinance ofthe City ufMiami,
Florida, the subject proposal for the Miami River Rapids project (MU-2006-020). lo-
cated mtapproximately 1701. 1801. 1825mnd 1851 Delaware Parkway and 2S8O NW
South River [}rive. Miami, Florida, has been reviewed to mUovv a Major Use Special Per-
mit per Articles 5. S. 13 and 17, to construct an m four building mixed use development
ranging in height from approximately 115feet to 143feet t0 be comprised ofGpp[DXi-
nnate|y 1.580 total multifamily residential units with n*oneaU0na| amenities; approximately
65.852 square feet of retail and restaurant space; and approximately 2.2OOtotal parking
spaces; providing for certain floor area ratio ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
K8UGP, as per Article 17, Section 1701. Definition (E) and Article S. Section 914.
Sub -Section 914.1 Ovv*Uing unit, square hootmQe, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; excepdVne, to oUovv an increase up to
twenty (25) percent of additional floor area as a development bonus of approxi-
mately 283.802 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of $3.518.144.80 to the Affordable Housing Trust Fund
administered by the City of Miami;
W1UGP.osper Article 17. Section 17O1.Definition (S) and Article 5.Sect. 502. PUO
districts; nnininlunn area, nnaKinnVm densities and rnGxinnVnn OOOr area ratios permit-
ted (m)(c), to allow up to 20 96 increase of floor area raho, for an increase of ap-
proximately 227.058square feet offloor area;
MUSP. aSper Article 17. Section 1701. Definition (1).for residential development in-
volving inexcaaaoftwnhundred(2OD)units;
&1U8P'aaper Article 17.Section 17U1.Definition /7\.for any single use orcombina-
tion of uses requiring or proposing to provide in excess of five hundred /500> off-
street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and Re -
SPECIAL EXCEPTIONS
SPECIAL E}(CEPT|(}N, as per Article 4. Section 4.01. under Conditional Principal
Uses of C-2 Liberal Commercial /12\, to oU0vv the construction of Multifamily Resi-
dential structures equal toR'Jorhigher;
CLASS USPECIAL PERMITS
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CLASS U SPECIAL PERK8|T, as per Article 4, Section 401. C-1 Restricted Commer-
cial, Class || Special Permits requined, to mUVvv an increase of the nnaxinnunn allowed
footprint of4O 96 the Gross Lot Area to 60Y6 {3LA;
CL/\88 U SPECIAL PERK8|T, as per Article 15. Section 1512. Class || Special Permit
required for waiver of design standard and Quide|ineo, to allow a waiver of City of
Miami Off-street Parking Guides & 8tGndards, only for reduction of required backup
distance in driveway isles from 23feet to 220aet;
CLASS || SPECIAL PERMIT, as per Article S. Section 927. Temporary atructures,
000uponciea, and uses during const[uction, criteria for special pennbs, to allow tem-
porary structures, 000uponcies. and uses reasonably necessary for construction
such as construction hmnoe, covered vva|hxvay and if encroaching public property
must beapproved byother city departments;
CLASS USPECIAL PERMITS
CLASS | SPECIAL PERMIT, aaper Article S. SectionS0O. Sub -Section 8OO.S.Tem-
porary special events; special permits; orbehm, to allow temporary omnniva|, feativa|,
fair or similar type event on privately owned orCity-owned land such as a ground
breaking ceremony;
CLASS | SPECIAL PERK8|T, as per Article S. Section 916. Sub -Section 910.2.1.
Temporary special evert pmdkinO. to allow parking for temporary special evert such
as ground breaking ceremonies;
CLASS | SPECIAL PEF|K8|T, as per Article S. Section 918. Sub -Section 918.2. Tem-
porary off-street offsite parking for construction crevvs, nhteha, to allow temporary
off-street offsite parking for construction crews working on a commercial -residential
project under construction;
CLASS | SPECIAL PEH(K8|T, as per Article 8. Section 820. Sub -Section 920.1.2.
Limitations On occupancy of mobile hVnleo. to GU0vv parking :f mobile h0nles, trail-
ers ormanufactured honneo, when authorized for security orother purposes in Con-
nection with land development such as construction trailer(s) and other temporary
construction offices such aswatchman's quarters, leasing and sales centers;
CLASS | SPECIAL PEF<M|T, as per, Article 10. Section 10.5. Sub -Section 10.5.4.3.
C-1 Restricted Commercial, Temporary Signs (3), to mUmw temporary development
signs;
CLASS | SPECIAL PERK8|T, as per. Article 10. Section 10.5. Sub -Section 10.5.4.4.
C-2 Liberal Connnnencimi Temporary Signs C}>. to allow temporary development
a|Qna
REQUEST, for vveimsr of Chapter 36 Noise, Section 36-0 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of read-
ing ofO.78weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant to Section 36-6 (c) and all the applicable criteria;
REQUEST for applicable PHASE[) PROJECT, subject to qualifications by the Director
of the Planning Department, at the written request of the property owner (s)
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REQUEST for applicable K8U8P conditions to be satisfied sdthe time of Shell Permit
instead ofm1issuance ofFoundation Permit:
a) The requirement to record in the Public Records a Declaration of Covenants
and Restrictions providing that the ownership, operation and maintenance ofall common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b)The requirement to record inthe Public Records aunity oftitle orcovenant in
lieu of unity of title.
Pursuant toArticles 5.S.13and 17ofZoning Ordinance 11O0O.approval ofthe
requested Major Use Special Permit shall beconsidered 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.
In determining the appropriateness of the proposed project, the Planning
Department has referred this project to the Large Scale Development Committee
(LSC)C) and the Planning Internal Design Review Committee for additional input
and recommendations; the following findings have been made:
It iafound that the proposed development project wiU benefit the area by creating
additional residential and nonnrnerc)a| opportunities in the F|mgmmi NET District,
located on Delaware Parkway west of NW 17 w
It is found that the subject property is located in the "Dade Reagents'. "Twin River
Island", "Delaware Pmrh— Section One" and "John Ganders Revised Plat ofa Portion
of Paradise Park Section 2^ plats within the North Grape|ond Heights neighborhood
of the City.
It is found that pursuant to the Zoning Ordinance of the City of W1ianni. Florida, the
existing zoning designation for the property is R-1 (Single -Family Residential), [)
(Office), mndC-2 (General Commercial); and the proposed zoning designation isC-1
(Restricted Commercial) and C-2(General Conlmnencia|).
� It is found that pursuant to the Comprehensive Neighborhood Man of the City of
Miami, Florida, the existing Futuna Land Use category for the property is "Single
Family Residential", ^[)ffime^. and "General Commercial" and the proposed Future
Land Use category is "Restricted Commercial" and "General Commercial".
It is found that proposed Building 1 is located within the proposed C-2 (General
Commercial) zoning district and Buildings 2-4 are within the proposed C-1
(Restricted Commercial) zoning district.
It is found that the proposed project is not located along o Primary Pedestrian
Pathway.
~ It is found that the proposed project is located within an Archeological Conservation
area.
It isfound that the proposed project is located in FEMAF|ood Zone ^AE-9^
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* It is found that the proposed residential density of the project U.580 units at 132
units per acre) is well below the nnaxinnunn 1.008 units (150 units per acre) on the
12.O5±net acre site.
w It is found that the total allowable combined floor area without bonuses for the
15.15±gross acre site at Floor Area Ratio (FAR) nf1.72 is 1.135.321 square feet.
The project as proposed is naqweodnQ m bonus of2OY6 PUD (237.059 oq� ft.) and
2596Affordable Housing Trust Fund /283.002 eq. ft.) for gtotal proposed FAR of
1.711'718square feet.
� It is found that the nnaxinnunn height of the proposed structures are approximately
115 feet (Building 1). 124 feet (Building 2). 133 feet (Building 3). and 143 feet
(Building 4). Pursuant to Article 4, Section 401'. the C-2 zoning district (Building 1)
permits m rnGxinnunn height of 120 feet or 10 st/riea, whichever in |ass, for structures
[the[ than broadcast t0vvenS. Pursuant to Article 4, Section 401. there are OV height
limits in the C-1 zoning district (Buildings 2-4).
* It is found that the proposed total number ofparking spaces (approxirnateh2.2OO)
for the project is above the required number of 2,093 parking spaces.
It is found that the project is expected to cost approximately $957.530.043. and to
employ approximately 475workers during construction (FTE-Full Time Employees);
The project will also result in the creation of approximately 50 permanent new jobs
(FTE) for building operations and will generate approximately $4,628,001 annually in
tax revenues tothe City (2OOOdoUmra).
|tiofound that the proposed project was reviewed by the Historic and Environmental
Preservation Board /HEPB\ on April 5' 2005. which approved (HEPB 2005-21) a
Certificate of Appropriateness for ground disturbing activity involving new
construction within an Archaeological Conservation Area subject to the following
conditions: (1) A phase 1 archeological assessment prior to construction and
archeological monitoring during ground disturbing activity ehmU be provided in
accordance with the management plan submitted by the Archaeological and
Historical Conservancy, Inc.; (2) The Preservation Officer shall be notified prior to
construction activities and in the event of m significant dionovary, as per the
management plan submitted; (3)Afinal report ohmU be submitted to the Preservation
Officer documenting the results ofthis investigation.
w It is found that on October 5. 3005. the City of K8imrni Public Works Department
provided a review of the project and commented that the f0UDvxng street
improvements nhmU be required: (1) Ddmvvmns Pmrkmoy— Construct concrete curb
around all medians. Coordinate any new ormodified median opening/storage lanes
with the Miami Dade County Public Works Uepmrtrnent, Traffic Engineering Division
and the City of Miami Public Works Department. Replace all broken and damaged
sidewalk on both sides of the parkway and construct new sidewalk in the nnioainQ
section between y4VV3OAvenue and NW 17 Street. The landscaped avvm|eaare to
remain On both sides of the parkway. Repair any damage in the ovva|e areas by
grading and new sod; (2) NW 17 Street /NVV 27 Avenue through the De|avv@n3
Parkway intersection) - Construct concrete curb around all medians. Rebuild svYa|eG
on both sides of the street with new concrete curb and gutter and pavement. Modify
the storm water drainage system on south aide of street and construct o new storm
water drainage system on the north side of street. Replace all damaged and broken
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sidewalk on both sides of the street. yWiU and resurface the eastbound' and
westbound travel lanes. Coordinate any traffic signal modifications and loops with
the K8imnni [}ode County Public Works Department. Repair any damaged sod in the
median; (3) NW 27 Court /NVV 17 Street —NVV 17 Terrace) — Rebuild roadway (new
sidevvm|k, povenmert, curb and gutter) in accordance with the standard city cross
section. Construct new storm water drainage system; (4) NW 17 Terrace (NW 27
Court — NW 28 Avenue) — Rebuild roadway (new oidevva|k, povament, curb and
gutter) in accordance with the standard city cross section. Construct new storm
water drainage system; (5) NW 28Avenue /NVV 17 Street to the southerly bank of
the north fork of the K8imnli R|iveh— Rebuild roadway (new sidewalk, pavennent, curb
and gutter). Parking lanes are octiono|, coordinate improvements with
recommendations from the C|ty'a Planning Department (archeological zone).
Construct new storm water drainage system; /O\ NW 20 Street ([}a|mvvare Parkway —
NVV South River Drive) — Rebuild roadway (new sidewalk on the southeide,
pmVennent, curb and gutter on both sides). Parking lanes are not required, coordinate
improvements with recommendations from the City'm Planning Department
(archeological zone/''greenvvay''). Construct new storm water drainage system; (7)
NW South River [)rive (NW 20 Street to connection with NW 27 Avenue bridge
approach) —Rebui|d roadway (new sidewalk on the southwest side, pavement, curb
and gutter on both sides). Parking lanes are not requiFed, coordinate improvements
and the pedestrian crossing of the north fork of the Miami River with the City's
Planning Department (archeological zone/^greenxvmy^). Construct new storm water
drainage system. Repair all damaged sections of guardrail on the northeast side of
the roadway,
It is found that the Large Gomh» Development Committee reviewed the project on
October 19. 2OO5Uuaddress the expressed technical concerns raised at said Large
Scale Development Committee meeting.
It is found that Miami -Dade Public Schools provided a preliminary review of the
proposed project on October2O. 2005. The student population generated by this
development is estimated at 658 students. The schools serving this area of
application are Kensington Park Elementary /803 students) — 12096 Florida
Inventory School Houses (FISH) Capacity with the proposed project; Citrus Grove
Middle (164 students) — 16096 FISH; and Mignn) Jackson Senior High (191 students)
—O796 FISH. Pursuant to the |nter|ocG| Agreement, none of the schools meet the
review threshold of115%.
� It is found that on December 2, 2005, the Miami -Dade Aviation Department provided
o revised Haight Analysis review of the proposed project and reduced the maximum
height for any structure at the project location to 13Ofeet Above Mean Sea Level
A\MSL\. Any proposed construction exceeding 95feet naquinaa the applicant tofile
with the Federal Aviation Administration (FAA) Form 7460-1' "Notice of Proposed
Construction Alteration for Determination of Known Hozmnda"In mddition,
construction cranes for this project exceeding 95 feet in height must be filed using
the same form.
* |ti8found that the proposed project vvGsrevievvedf0rdesignapprophataneaabvthe
Urban Development Review Blogrd on January 18. 2006. which recommended
Approval (UDRB Reso. 1-18-O6-9)with conditions.
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It is found that the proposed project was reviewed by the |nKanlo| Design Review
Committee and the following revised pertinent comments were made after the
January 18, 2000 UDRB Meeting: Submittal ' Due to the large scale and complexity
ofthis project the Department would like additional clarification and details submitted
to be able to make final recommendations for Major -Use Special Permit application.
(o) Plans include Buildings 1 and 4 on the same sheet. Provide separate plans for
each building as while they one mirror innmgea, both buildings are different in height,
density and in context with the intersections nfNVV2O Street and NVV2Om Avenue;
/b> The overall schematic site plan is helpful in understanding the entire site
however; staff is trying to determine the impact of the proposed project on the
surrounding areas. As previously stated, provide @ 3-D site analysis of the proposed
site and adjacent properties; /c\ Please add m materials and details oheet(o)toshow
all special features and screens so that staff may properly evaluate. (including
balconies, grills, louvers, lighting, benchea, gazabos, decorative paver
colors/materials, etc.) We generally like the variety and generic nnmterim|o depicted;
/d> Please clearly mark all plans (especially blow-ups) with street names and
immediate context- back of curbs, sidevva|hs. outline of mdUamsrt proposed building,
landscape depicting in greater detail the landscape plan, detail street & sidewalkwidths. (Example: A1.1.1-7...); /�rchitectur���ban Design - The p[ jS{t'S unique
location and size provides a great opportunity for the applicant to contribute to the
life and beauty of the City of Miami. (a) The property is located within an
Archaeological Conservation Area and Gpp[nvG| by the Historic and Environmental
Preservation Board is required —an archaeological management plan must be
submitted for approval. Contact Kathleen Kauffman. the City of Miami Preservation
Officer, 305-416-1403; (b) The applicant will need to conduct a traffic study and
meet with Mary Conway, Capital Improvements and Transportation Director, 305-
410-1027. regarding traffic circulation and access tothe site; (n)VVe appreciate the
gazebo structures and plaza apmoea along the northern edge terminating the entry
streets and adding to the character and distinct areas along the park and river
rapids; (d) The proposed buildings provide continuous urban street frontages
however; the massing of the towers and articulation of architecture do not
complement the surrounding area or contribute to on enhanced defined
neighborhood within this district. As previously otated, provide a different
architectural character and massing to each building in order to provide variety in the
building's appearanceo, unit nnix, pedestrian experience and spaces created. The
grouping of these structures should create aninteresting composition. Heights and
setbacks should vary and be largest in the center of the project; (e) The long
continuous tower facades along [}e|mvvane Parkway should be divided into individual
towers; (0 The continuous street frontage along Delaware Parkway should be
divided by adding a larger entry street with a median or larger 3idovva|hs, etc
between buildings 2 and 3 providing enhanced mccaoa from the community and
[)e|ovvare Parkway tuthe river rapids fountain and City ofMiami park. These access
streets for the garages and service have been lined nicely and should be celebrated
as streets not alleys; /g\ Building 5 needs to be divided on each side of the 28m
Avenue extension and provide ocontinuous pedestrian access between the building
and the water to the north and south of the building. The plaza created between the
two sides is a very inviting space hnvvever, the rnmaainO, lack of haighta, and view
corridor obstruction in the present proposal diminishes the value of this site being
surrounded bythe water, park and plaza; (h)The buildings along Oe|ovvane Parkway
need to step back in massing from Delaware Avenue and return to o lower scale
along the inner unnamed street as previously shown in the Midtown Miami sections
(see Figure 1U; (i) Provide elevations at a legible scale with heights indicated in
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NGVO and above grade format for W1USP application; 0> Provide elevations of the
buildings facing the interior main street; Parking Garage — (a) The portions of the
parking garages that are unlined need b»further be addressed. These areas shall
be architecturally articulated to complement the rest of the building; (b) Please show
perspectives through the interior roadway between buildings. The elevations of
Buildings 1 and 4 especially do not show the true experience through this area.
Buildings 2 and 3 show a much lighter crosswalk; Rivemfront— (a) The pr jeot'a
unique location and size provides o great opportunity for the applicant to contribute
to the life and beauty of the City of Miami. The applicant shall provide clear public
mooeae to all waterfront portions of the site, articulating these areas as natural parka
or public p|azaa, as appropriate; /b\The applicant ohm|| develop rivemva|ka|ong
portions of NW South River []rive adjacent to the project site an for the benefit of the
public. Refer to the City of Miami Bayvva|k/Rivenwo|k Design Guidelines for ideas on
further developing this area; (c) Please provide m boat landing area along the Miami
Rivemva|k integrating this design into the connection to the public plaza/ NVV28"
Avenue extension / Buildings 5; Pedestrian Realm— (a) Provide clear pedestrian
sidewalks of G� |���� 8' in vvidth G|Vng NW28m Avenue that will cnJSo over the bridge
and lead directly tothe plaza along NE South River Drive. This pedestrian path will
be enhanced by the townhouse units along the garage of Building 5, and will
improve the life of the community; (b) Provide clear pedestrian crossings for NW
South River Drive in order to improve connections between the public plaza/ building
5 and the K8imnni River. These pedestrian crossings can be articulated with m
continuous material; /o\What isbeing proposed onthe parcel bounded by NW 17m
Terrace, N.W. 281h Ave, and Delaware Parkway? This area was used in the FAR
ca|ou|ations, however there are no improvements shown; Landscaping - Complete
m full landscape plan consulting a landscape architect /a> Update the Overall Site
Plan to include the landscaping and atreetocmping along the unnamed interior main
street; /b\ Update all landscape plans to include the proposed landscape planters for
trees and ground cover; (o) Revise the Main Street Landscape P|an, relocating the
shade tree planters between the townhouse stoops rather than directly in front of
them. This will provide direct physical and visual access tothe townhouses' street
entrance; (d) Provide o complete tree survey of existing conditions including species,
diameter and spread including all trees in the right-of-way. Please refer to the City
of K8imnni tree protection ordinance passed in January 2005 and indicate how tree
mitigation will be achieved. Please note that the City calculates tree replacement by
the ''sunn of inohea" of tree trunk at breast hmi0ht, while the county uses square
footage of tree canopy. The Planning Department's review resulted in design
modifications that were then recommended for approval to the Planning Director.
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Diagrams & Illustrations
Boots VIStA Avenue
(North of 34th)
34d Stitt(
(Welt of Midtown Boulevard)
30th. 32nd IL 35th
34th Set
Lilt of ?duwn toicviidf
3 I it A 33rd
(Bali of Midtown Boulevard) (East of Midtown Boulevard!
36.th Street
36th Street
(West of Midtown Bouleviirdf fEfisf of Midtown Boulevard'
($otrgh of 34thj
F(C Cc41 win;
11 Jo Sao. ro Ft orJv'i
19th Street
(FAST of M.dtown BOO'
Figure 1- Diagrams used for the Midtown Miami regulating code illustrate building mass-
ing which steps away to allow light penetration into the rights of way and lower levels of
the buildings.
• It is found that on March 27, 2006, the City's Traffic Consultant, URS Corp.,
provided a review (W,O. #130) of the Traffic Impact Analysis submitted by the
applicant and has found the traffic analysis sufficient.
• It is found that the proposed project was reviewed by the Miami Zoning Board on
May 22, 2006, Item No. 2, for a Change of Zoning from R-1 "Single Family
Residential", 0 "Office", and C-2 "Liberal Commercial" to C-1 "Restricted
Commercial", in which the Board recommendation of APPROVAL passed (Reso.
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Page 8 of 12
ZB-06-1160) by a vote of seven to zero (7-0), and Item No. 3, for a Change of
Zoning from R-1 "Single Family Residential" to C-2 "Liberal Commercial", in which
the Board recommendation of APPROVAL passed (Reso. ZB-06-1161) by a vote of
five to two (5-2), both of which require City Commission approval.
• It is found that with respect to all additional criteria as specified in Section 1305.2 of
Zoning Ordinance 11000, the proposal has been found to adhere to the following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development; (4) Streets and
Open Space; (5) Vehicular Access and Parking; (6) Screening; (7) Signage and
lighting; (8) Preservation of Natural Features; and (9) Modification of
Nonconformities.
Based on these findings, the Planning Department is recommending approval of
the requested Development Project with the following conditions:
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 re-
sponsibility, 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 Con-
tractor/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 man-
datory property owner association in perpetuity.
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Page 9 of 12
7> Prior to the issuance of a shell pennh, provide the City with m recorded copy of
the K8U8Ppermit resolution and development order, and further, onexecuted, record
able unity of title or covenant in lieu of unity of title agreement for the subject property;
said agreement shall hesubject tothe review and approval ofthe City Attorney'oOffice.
8\ Provide the Planning Department with a 0ennp0n3ry construction plan that in-
cludes the following: atennporary construction parking p|mn, 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 besubject to the review and ap-
proval 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 tomsuspension orrevocation of this Major Use8peoia|PernniL
0\|D80far Qs this Major UseSpeciG|Pennbindudes the subordinate approval Cf
a series of Class | Special Permits for which specific details have not yet been devel-
oped orprovided, the applicant shall provide the Planning Department with all subordi-
nate C|oae | Special Permit plans and detailed requirements for final review and ap-
proval ufeach one prior tothe issuance ofany of the subordinate approvals required in
order tocarry out any of the requested activities and/or improvements listed in this de-
velopment order or captioned in the plans approved by it.
10\|f the project istobed8ve|opediOphGS8S.theApp|icarkshGUsUbnlitGniD-
Uarinn p|an, including m landscape p|an, which addresses design details for the land oc-
cupying future phases of this PjactintheeveDt that the future phases are not deve|-
oped.said plan shall include aproposed timetable and shall besubject toreview and
approval by the Planning Director.
1 1) Pursuant to design related comments received by the Planning Direohor, the
applicant shall meet the following conditions: (a) Provide separate plans for Buildings 1
and 4 as both buildings are different in heiQht, density and in context with the intersec-
tions ofNVV2O Street and NW 28 th Avenue' (b) Provide m different architectural charac-
ter and massing to each building in order to provide variety in the building's appear-
ances, unit mix, pedestrian experience and spaces created; (c)The continuous street
frontage along Delaware Parkway shall be divided by adding a larger entry street with a
median or larger sidewalks, etc between buildings 2 and 3 providing enhanced access
from the community and Oe|ovvore Parkway tothe river rapids fountain and City oYK8i-
mnni park; (d) Building 5 needs to be divided on each side of the 28m Avenue extension
and provide a continuous pedestrian access between the building and the water to the
north and south ofthe building; (e) The buildings along Delaware Parkway shall step
back inmassing from Delaware Avenue and return tomlower scale along the inner un-
named street; (f) Provide perspectives through the interior roadway between buildings;
(g) The applicant shall provide clear public access to all waterfront portions of the site,
articulating these areas as natural parks 0rpublic plazas, as appropriate; (h) The appli-
cant shall develop a riverwalk along portions of NW South River Drive adjacent to the
project site as for the benefit of the public. Refer to the City of Miami Bayxv8|h/RiVemV8|k
Design Guidelines for ideas on further developing this area; (i) Provide m boat landing
area along the Miami F{ivenwa|kintegrating this design into the connection tothe public
plaza/ NVV28 mAvenue extension / Buildings 5; 0\ Provide clear pedestrian sidewalks of
atleast O. inwidth along NVV28m Avenue that will cross over the bridge and lead directly
tothe plaza along NESouth River Drive; /h>Provide clear pedestrian crossings for NVV
South River Drive |norder tnimprove connections between the public plaza/ building 5
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and the Miami River. These pedestrian crossings can bearticulated with ocontinuous
12)Pursuant k)comments bvthe City ofMiami Public Works Department, the
h)Uovvng street improvements shall be required: /a\ Delaware Parkxvav—Conetnuot con -
Crete curb around all medians. Coordinate any new ormodified median opan-
in0/stVnaOe lanes with the Miami Dade County Public Works Department, Traffic Engi-
neering Division and the City of Miami Public Works Department. Replace all broken
and damaged sidewalk onboth sides of the parkway and construct new sidewalk )nthe
missing section between NW 30 Avenue and NW 17 Street. The landscaped swales are
toremain onboth sides ofthe parkway. Repair any damage inthe avvm|e areas bygrad-
ing and new sod; /b> NW 17 Street (NW 27 Avenue through the [}e|mvvmne Parkway in-
tersection) - Construct concrete curb around all medians. Rebuild avva(es on both sides
ofthe street with new concrete curb and gutter and pavement. Modify the storm water
drainage system on south aide of street and construct a new storm water drainage sys-
tem on the north side of street. Replace all damaged and broken sidewalk on both sides
of the street. Mill and resurface the eastbound and westbound travel lanes. Coordinate
any traffic signal modifications and loops with the Miami Dade County Public Works Oe-
pmrtnnant. Repair any damaged sod in the median; (o) NW 27 Court (NW 17 Street —
NW 17 Terrace) —Rebui|d roadway (new sidewalk, pavement, curb and gutter) in ac-
cordance with the standard city cross section. Construct new storm water drainage oye-
tenn; (d) NW 17 Terrace /NVV 27 Court — NW 28 Avenue) — Rebuild roadway (new oide-
vvm|k, pavement, curb and gutter) in accordance with the standard city cross section.
Construct new storm water drainage system; /e\ NVV2OAvenue /NVV 17 Street to the
southerly bank ofthe north fork of the Miami River) — Rebuild roadway (new sidewalk,
pavement, curb and gutter). Parking lanes are opUona|, coordinate improvements with
recommendations from the City's Planning Department (archeological zone). Construct
new storm water drainage system; (0 NVV2O Street (Ue|mvvore Parkway — NVVSouth
River Drive) — Rebuild roadway (new sidewalk on the southside, pavement, curb and
gutter on both sides). Parking lanes are not required, coordinate improvements with
recommendations from the City's Planning Department (archeological zone/"greenway").
Construct new storm water drainage system; (Q) NW South River Drive (NW 2O Street
to connection with NW 27 Avenue bridge approach) — Rebuild roadway (new sidewalk
onthe southwest side, pevernent, curb and gutter on both sides). Parking lanes are not
required, coordinate improvements and the pedestrian crossing of the north fork of the
Miami River with the City's Planning Department (archeological zone/"greenway"). Con-
struct new storm water drainage system. Repair all damaged sections oyguardrail on
the northeast side of the roadway.
13) Prior to the issuance of m building pemnb, the applicant shall submit a letter of
approval of the proposed height from the Miami -Dade County Aviation Department. If no
such approvals are granted, the height ofthe proposed project shoUbmreduoedtothoae
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated December 2.3O05.
14APursuant toHEPBResolution 2OO5-O21.the applicant shall meet the follow-
ing conditions: (o) A phase 1 archeological moaeoannent prior to construction and ar-
cheological monitoring during ground disturbing activity shall be provided in accordance
with the management plan submitted by the Archaeological and Historical Conservancy,
Inc.; (b) The Preservation Officer shall be notified prior to construction activities and in
the event of significant disoovery, as per the management plan submitted" (o) A final
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report shall be submitted to the Preservation Officer documenting the results of this in-
vestigation.
15) A development bonus to permit amixed use of28B.002square feet of floor
area shall require a non-refundable payment to the Affordable Housing Trust Fund of an
amount of $12.40 per square foot for a total of $3,519,144.80.
16)Thut the requested accompanying applications for Land Use Change and
Change of Zoning on this property are approved by the City Commission.
17)The applicant shall record Gcovenant, subject to review and approval bvthe
o|tv attorney, within sixty (60) days of the effective dote of this neoo|uUon, which states
that in the event that this Major Use Special Permit expires or is abandoned, any future
development ofthe subject properties shall require design review and approval bythe
Planning [}ineutor, utilizing the same criteria as the original Major Use Special Permit.
18\ Within 80 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 eucceasors, and assigns, jointly or
severally.
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