HomeMy WebLinkAboutAnalysis (Revised)ANALYSIS
MAJOR USE SPECIAL PERMIT
for
M|AK8| RIVER RAPIDS
located at approximately
1701. 1801. 1825 and 1851 [)a|ovvone Parkway and 2890 NW South River [)rive
LEGISTAR FILE ID: 06-00615mu
Pursuant to Ordinance 11000. as amended, the Zoning Ordinance of the City of Mionni.
Florida, the subject proposal for the Miami River Rapids project (W1U-2006-020). lo-
cated at approximately 1701. 1801. 1825and 1851 Delaware Parkway and 299O NW
South River Dhve, Miami, Florida, has been reviewed to allow m Major Use Special Per-
mit per Articles 5. S. 13 and 17, to construct an a four building mixed use development
ranging in height from approximately 115feet tD 143f8et to be c0nlp[iS8d of approxi-
mately 1.580 total multifamily residential units with recreational amenities; approximately
05.852 square feet of retail and restaurant space; and approximately 2.2OOtotal parking
spaces; providing for certain floor area naUn ("FAR") bonuses.
This Permit also includes the following requests:
MAJOR USE SPECIAL PERMITS
MU8P, as per Article 17. Section 1701. Definition (5) and Article 9, Section 814,
Sub -Section 914.1 Dwelling unit, square footage, and off-street parking bonuses for
contribution to Affordable Housing Trust Fund; exceptions, to allow an increase up to
twenty (25) percent of additional floor area as a development bonus of approxi-
rnmte|y283.802 square feet, the user shall make a non-refundable bonus developer
contribution of an amount of$3.51S.144.8Oto the Affordable Housing Trust Fund
administered by the City of N1imrni;
MU8P, as per Article 17. Section 1701. Definition (g) and Article 5, Sect. 502. PU[}
districts; nliOinnurO area, [0aninluDl densities and maximum floor area n8UO3 permit-
ted (a)(c), to allow up to 20 96 increase of floor area rohu, for on increase of ap-
proximately 227.O5Ssquare feet offloor area;
KHUSP.msper Article 17.Section 17O1'Definition /1\.for residential development in-
volving
MU8P.aaper Article 17.Section 17O1.Definition (7).for any single use orcombina-
tion of uses requiring or proposing to provide in excess of five hundred (SOO) off'
street parking spaces;
This Major Use Special Permit encompasses the following Special Permits and Re'
SPECIAL EXCEPTIONS
SPECIAL EXCEPT|{}N, an per Article 4. Section 4.01. under Conditional Principal
Uses ofC-2 Liberal Commercial /121' to allow the construction of Multifamily Resi-
dential
CLASS ||SPECIAL PERMITS
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CLASS U SPECIAL PER[N]T, as per Article 4, Section 401. C-1 Restricted Commer-
cial, Class U Special Pemnha required, to allow an increase of the nnaxinnunn allowed
footprint of 40 % the Gross Lot Area to 60% GLA;
CLASS U SPECIAL PEF|K8|T, as per Article 15. Section 1512. Class U Special Pannb
required for waiver of design standard and guide|inea, to allow o waiver of City of
N1ionni Off-street Parking Guides & 8tandmnda, only for reduction of required backup
distance in driveway isles from 25 feet to 22 feet;
CLASS U SPECIAL PERMIT, as per Article 9. Section 827. Temporary structures,
occupancies, and uses during conedruction, criteria for special Pennito, to allow tem-
porary atructurea, uccuponcieo, and uses reasonably necessary for construction
such as construction Mence, covered walkway and if encroaching public property
must beapproved byother city departments;
CLASS |SPECIAL PERMITS
CLASS | SPECIAL PERMIT, as per Article Q. Section SOO, Sub -Section 900.8. Tem-
porary special events; special permits; nrkeha, to allow temporary carnival, festivo|,
fair orsimilar type event on privately owned orCib+ovvned land such as m ground
breaking ceremony;
CLASS | SPECIAL PER[N|T, as per Article 8. 8eCdoO 816. Sub -Section 910.2.1.
Temporary special evert pardng, to allow parking for temporary special event such
as ground breaking ceremonies;
CLASS | SPECIAL PEF<K8|T, as per Article 9. Section 918. Sub -Section 918.2. Tem-
porary off-street offsite parking for construction orevvm, chteria, to mUovv temporary
off-street offsite parking for construction cnavva working on a commercial -residential
project under construction;
CLASS | SPECIAL PEHK8|T. as per Article B. GacdVn 820, Sub -Section 920.12.
Linnb@dono on occupancy of mobile homea, to allow parking of mobile hVnneo, trail-
ers ormanufactured honnes, when authorized for security orother purposes in con-
nection with land development such as construction trailer(s) and other temporary
construction offices such aawatchman's quarters, leasing and sales centers;
CLASS | SPECIAL PERW1)T, as per, Article 10. Section 10.5. Sub -Section 10.5.4.3,
C-1 Restricted Connnnencie[ Temporary Signs (3), to allow temporary development
CLASS / SPECIAL PERM|T, as per. Article 10, Section 10.5. Sub -Section 10.5.4.4.
C-2 Liberal Connnnencio|, Temporary Signs /2A, to oUovv temporary development
signs
REQUEST, for waiver ofChapter 38 Noise. Section 36-6 Construction Equipment /o\
permitting the 0Penadun of construction equipment exceeding the sound |ewa| of namd-
|n0 ofO.79weighted average dBA at any time and/or day subject to the City Manager
Exception pursuant tmSection 3O-O(c) and all the applicable criteria;
REQUEST for applicable PHASED PFlOJECT, 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 KAU8Pconditions tube satisfied okthe time ofShell Permit
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
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 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
bythe City which may berequired tocarry 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 is found that the proposed development project will benefit the area by creating
additional residential and oonnnnarcio| opportunities in the F|aOarni NET District,
located on Delaware Parkway west of NW m
� It iafound that the subject property is located in the "Dade Reagents", "Twin River
Island", "Delaware Pork — Section One" and "John Sanders Revised Plat of Portion
of Paradise Park Section 2^ plats within the North Gnape|and Heights neighborhood
of the City.
� It is found that pursuant to the Zoning Ordinance of the City of K8imnli. Florida, the
existing zoning designation for the property is R-1 (Single -Family Residential), 0
((]ffima). and C-2 (General Commercial); and the proposed zoning designation isC-1
(Restricted Commercial) and C-2 (General Commercial).
It is found that pursuant to the Comprehensive Neighborhood Plan of the City of
K8imnni. Florida, the existing Future Land Use category for the property in "Single
Family Residential", ''Offioe^. and "General Comnnlercim|" 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 in found that the proposed project is not located along a Primary Pedestrian
Pathway.
* It is found that the proposed project is located within an Archeological Conservation
area,
0 It is found that the proposed project is located in FEMA Flood Zone "AE-9".
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It is found that the proposed residential density of the project /1.590 units at 132
units per acre) is well below the nnaxinnurn 1.008 units (150 units per acre) on the
12.O5±net acre site.
It is found that the total mUovvGb|e combined On0r area without bonuses for the
15.15± gross acre site at m Floor Area F(edio (FAR) of 1.72 is 1.135.321 square feet.
The project as proposed is requesting a bonus of2O96 PUC> (227.059 sq. ft.) and
2596Affordable Housing Trust Fund (283.802 sq. ft.) for atotal proposed FAR of
1.711.713square feet.
w It is found that the nooxinnUnn height of the proposed structures are approximately
115 feet (Building 1). 124 feet (Building 2). 153 feet (Building 3\. and 143 feet
(Building 4). Pursuant 0mArticle 4, Section 401. the C-2zoning district (Building 1)
permits m rnaxinnunn height of 120 feet or 10 atnheo, whichever is heoe, for structures
other than broadcast towers. PU[3UGnt to Article 4, Section 401. there are no height
limits in the C-1 zoning district (Buildings 2-4).
It is found that the proposed total number ofparking spaces (approximately 2.200)
for the project is above the required number of 2,093 parking spaces.
� It is found that the project is expected to cost apprnxinnmb*k/ $957.530.043. and to
employ approximately 475workers during construction (FTE-Full Time Employees);
The project will also result in the creation ofapproximately 5D permanent new jobs
(FTE) for building operations and will generate approximately $4,628,001 annually in
tax revenues to the City (2006 dollars).
It is found that the proposed project was reviewed by the HiaUzho and Environmental
Preservation Board (HEFzB) on April 5. 2005. which approved (HEPB 2005-21) m
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
oroheO|oQioo| monitoring during ground disturbing activity shall be provided in
accordance with the management plan submitted by the Archaeological and
Historical {}unnen/mnoy. Inc.; /2\ The Pnaaen/ohmn Officer ahmU be notified prior to
construction activities and in the event of m significant dimoovery, as per the
management plan submitted-, (3) A final report shall be submitted to the Preservation
Officer documenting the results uf this investigation.
It is found that on October 5. 2005. the City of Miami Public Works Department
provided a review of the project and commented that the following *tnae{
improvements ahm|| be required: (1) [)e|ovvane Parkway — Construct concrete curb
around all medians. Coordinate any new Vrmodified median opening/storage lanes
with the Miami Dade County Public Works Oapmrtment, Traffic Engineering Division
and the City of Miami Public Works Department. Replace all broken and d@nlGg8d
sidewalk on both sides of the parkway and construct new sidewalk in the missing
section between NVV3OAvenue and NW 17 Street, The landscaped svva|eo are to
remain on both sides of the parkway. Repair any dmnno0e in the ovva|e areas by
grading and new sod; (2) NW 17 Street /NVV 27 Avenue through the Delaware
Parkway intersection) - Construct concrete curb Ground all medians. F(ebU||d svV@|es
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 a new storm
water drainage system on the north side of street. Replace all damaged and broken
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oidevvo|h on both sides of the street. K8iU and resurface the eastbound and
westbound travel lanes. Coordinate any traffic signal modifications and loops with
the Miami Dade County Public Works Department. Repair any damaged sod in the
median; (3) NW 27 Court (NW 17 Stnaet— NW 17 Terrace) — Rebuild roadway (new
aidevvo|k, pmvennent, curb and gutter) in accordance with the standard obv cross
section. Construct new storm water drainage system; (4) NW 17 Terrace (NW 27
Court — NW 28 Avenue) — Rebuild roadway (new sidevva|k, pavennent, curb and
gutter) in accordance with the standard city cross section. Construct new storm
water drainage system; (5) NW 28Avenue (NW 17 Street to the southerly bank of
the north fork of the K8imnni River) — Rebuild roadway (new sidevve|k, pavement, curb
and gutter). Parking lanes are opUonm|, coordinate improvements with
recommendations from the City'a Planning Department (archeological zone).
Construct new storm water drainage system; (0) NW 20 Street /De|mvvmne Parkway —
NVV South River Drive) — Rebuild roadway (new sidewalk on the anuthaide,
p@vement, curb and gutter on both sides). Parking lanes are not [equired, coordinate
improvements with recommendations from the City'a Planning Department
(archeological zone/''greenvvay^). Construct new storm water drainage system; (7)
NW South River Drive /NVV 20 Street to connection with NW 27 Avenue bridge
approach) — Rebuild roadway (new sidewalk on the southwest oide, povennent, 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 zune/''greenxvmy''). Construct new storm water
drainage system. Repair all damaged sections of guardrail on the northeast side of
the roadway,
w It is found that the Large 8oaka Development Committee reviewed the project on
October 19. 2005to address 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 {Jctober2O. 2005. The student population generated by this
development is estimated at 658 students. The schools serving this area of
application are Kensington Park Elementary (303 students) — 120Y6 Florida
Inventory School Houses (FISH) Capacity with the proposed project; Citrus Grove
Middle (164 students) — 18096 FISH- and Miami Jackson Senior High (191 students)
— 87% FISH. Pursuant to the |nter|oca| Agreemnent, none of the schools meet the
review threshold of 1 15Y6.
|tisfound that onDecember 2.2OO5.the Miami -Dade Aviation Department provided
m revised Height Analysis review of the proposed project and reduced the maximum
height for any structure at the project location to 13Ofeet Above Mean Gem Level
(8W10L). Any proposed construction exceeding 95feet requires the applicant tOfile
with the Federal Aviation Administration (FAA) Form 7460-1. "Notice of Proposed
Construction Alteration for Determination of Known Hazards". In addibon,
construction cranes for this project exceeding 95 feet in height must be filed using
the same form.
|tiOfound that the proposed project was reviewed for design appropriateness bvthe
Urban Development Review Board on January 18. 2006. which recommended
Approva|/UOR8 ReoD. 1-18-O8-S>with conditions.
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It is found that the proposed project was reviewed by the Internal Design Review
Committee and the following revised pertinent cnnnnnenta were made after the
January 18.2OOOUDF|BMeeting: Submmitta/-DUe tothe large scale and complexity
ofthis project theOepartmentxvuu|d|ikeoddidona|o|mrificmhononddetai|ouubnnitted
to be able to make final recommendations for Major -Use Special Permit application.
(a) Plans include Buildings 1 and on the same sheet. Provide separate plans for
each building as while they are mirror innages, both buildings are different w in height,
density and in context with the intersections ofNVV2O Street and NVV28Avenue;
(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-O site analysis of the proposed
site and adjacent properties; (c) Please add m materials and details aheeUs\toshow
all special features and screens so that staff may properly evaluate. (including
balconies, grills, louvers, lighting, benches, 0ozebos, decorative pave,
colors/materials, etc.) We generally like the variety and generic materials depicted;
(d) Please clearly mark all plans (especially blow-ups) with street names and
immediate context- back of curbs, aidevva|ko, outline of adjacent proposed building,
landscape depicting in greater detail the landscape p|mn, detail street & sidewalk
widths. (Example: A1.1.1-7... \; Architecture/ Urban Design - The p[ j8[t'S unique
location and size provides m great opportunity for the applicant to contribute to the
life and beauty of the City of Miami. (o) The property is located within an
Archaeological Conservation Area and approval by the Historic and Environmental
Preservation Board is required --on archaeological management plan must be
submitted for approval. Contact Kathleen Kauffman, the City of Miami Preservation
(]Mioer. 305-416-1403; (b) The applicant will need to conduct a traffic study and
meet with Mary Conway, Capital Improvements and Transportation Director, 305-
416-1027. regarding traffic circulation and access to the site; (c) We appreciate the
gazebo structures and plaza spaces 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 an enhanced defined
neighborhood within this district. As previously atmted, provide a different
architectural character and massing to each building in order to provide variety in the
building's oppearanoea, unit nnix, pedestrian experience and opaoaa created. The
grouping of these structures should create an interesting composition. Heights and
setbacks should vary and be largest in the center of the project; (e) The |nn0
continuous tower facades along Delaware Parkway should be divided into individual
towers; (0 The continuous street frontage along Da|mvvmre Parkway should be
divided by adding a larger entry street with a median or larger sidexv@|k8, etc
between buildings 2 and 3 providing enhanced access from the community and
[}e|avvmrm Parkway to the river rapids fountain and City of Miami park. These mnoesa
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 continuous pedestrian access between the building
and the water tVthe north and south ofthe building. The plaza created between the
two sides is mvery inviting space however, the massing, lack ofheights, 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 Delaware Parkway
need to step back in massing from Delaware Avenue and return to a lower scale
along the inner unnamed street as previously shown in the Midtown Miami sections
(see Figure 1U; (i) Provide elevations at g legible scale with heights indicated in
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NGV[} and above grade format for K8U8P application; U\ Provide elevations of the
buildings facing the interior main street; Parking Garage — (a) The portions of the
parking garages that are unlined need tVfurther 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 m much lighter crosswalk; Rivexfroxnt — (a) The pr jeot'e
unique location and size provides a great opportunity for the applicant to contribute
to the life and beauty of the City of Miami. The applicant shall provide clear public
eoueaa to all waterfront portions of the site, articulating these areas as natural parks
orpublic plazas, as appropriate; (b) The applicant shall develop rivemva|ha|ong
portions ofNVVSouth River Drive adjacent tothe project Site aGfor the benefit Vfthe
public. Refer to the City of Miami Baywa|k/Rivenwa|h Design Guidelines for ideas on
further developing this area; /c\ Please provide a boat landing area along the K8i@[Di
Rivmnwa|k integrating this design into the connection to the public plaza/ hNW28 m
Avenue extension / Buildings 5; Pedestrian Realm— (a) Provide dear pedestrian
esidewalks of �� |��o1 O' in vvidth a|�ng NW�8m Avenue that will cross over the bridge
and lead directly tothe plaza along NE South River Drive. This pedestrian path will
be enhanced by the townhouse unite along the garage of Building 5, and will
improve the life of the coOODlVOi[y; (b) Provide C|e8[ pedestrian C[OsSiDAS 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 a
continuous material; /C\What iSbeing proposed OOthe parcel bounded bvNVV17 m
Terrace, N.W. 2O^'Ave, and C)e|ovvane Parkway? This area was used in the FAR
ca|cV|adVns, however there are no improvements shown; Laxndscapimg- Complete
Gfu|| landscape p|8O cODSu|dOg @ landscape architect (8) Update the C}Ve[@|| Site
Plan to include the landscaping and streetsc@piO0 along the UOnGrned interior main
street; (b) Update all landscape plans to include the proposed landscape planters for
trees and ground cover; /c\ 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 a CO0p|et8 tree survey of existing conditions including 8pecies,
diameter and spread including all trees in the right-of-way. Please refer to the City
of W1imnni 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 ''aurn of inches" of tree trunk at breast height, 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
tif
Buena Vitus Avenue
(North of 14(h)
34th Serge
(Wei of Midtown Sou
tat
30th. 32nd &3Sth
rd
(North of 34thj
)4th Sweet
(East of Midtown tlotirvard)
3Itt $ 33rd
(Eaw Midtown BoulevArti) (East of Midtown Botote*arl
36dt Strett
Ach Street
(VYynt of MAItcrwo floultrarftl (Eat( of til4own13ouleordf
Midtown Baulmbrd
($oisth or 34(h)
644( COW APtOve
FEC Corr Irini
fUloSIrroi fle,,rA4N-1
19th Slrert
Ei el r1.41(Ovrt) Boli*,v4,11
Figure 1- Diagrams used for the Midtown Miarni 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 |Uern No. 3, for a Change of
Zoning from R-1 "Single Family Residential" to C-3 "Liberal Cornnnercio|^, in which
the Board recommendation ofAPPROVAL passed (Reao. ZB-0O'1181)byavote nf
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 tothe following
Design Review Criteria: (1) Site and Urban Planning; (2) Architecture and
Landscape Architecture; (3) Pedestrian Oriented Development-, (4) Streets and
[)pen Space; (5) Vehicular Access and Parking; (0) Screening; (7) 8ignage and
lighting; (8) Preservation of Natural Features; and (8) Modification of
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 t0conduct a security survey, st the option
of the Departnnent, and tomake recommendations concerning security measures and
systems; further submit o report to the Planning [}epartnnert, prior to commencement of
construction, demonstrating how the Police Department naoonnnnendadona, if any, have
been incorporated into the PROJECT security and construction p|ane, ordemonstrate 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 nnennbena of the Fine Plan Review Section at
the Department OfFire-Rescue inthe review ofthe scope ofthe PROJECT, owner re-
eponaibi|ity. building development process and review procedures, as well as specific
requirements for fire protection and life safety syotunne, exiting. vehicular access and
water supply.
4) Obtain approval fnznn, or provide m letter ofassurance from the Department of
Solid Waste that the PROJECT has addressed all concerns ofthe 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 Qty's Minority/Women Business Affairs and
Procurement Program anoguide.
6) Record the following in the Public Records of Dade Countv. Florida, prior to
the issuance of Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration ofCovenants and Restrictions providing that the ownership, operation and
maintenance Dyall common areas and facilities will be by the property owner or a man-
datory property owner association in perpetuity.
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7) Prior tothe i8SU@Oce of a shell permit. provide the City with a recorded copy of
the K8UQP 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.
0Provide the Planning Department with mtemporary construction plan that in-
cludes th8h]UOvvng: a temporary construction parking plan, with @Denforcement 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 ap-
proval by the Planning Department prior to the issuance of any building permits and
shall be enforced during construction activity. All ODnSt[U[tiOO activity shall Fe[D8iD in full
CO[Dp|i2DQe with the pnDViSiOOS of the submitted cOO8<[UCtiVO plan; t3i|Vne to comply may
lead toa suspension 0rrevocation ofthis Major UseGpecia/Pernlit.
g) In sVfar aethis Major Use Special Permit includes the subordinate approval of
e eaheo of Class | Special Permits for which specific details have not yet been devel-
oped or provided, the applicant shall provide the Planning Department with all subordi-
nate C|men | Special Permit plans and detailed requirements for final review and ap-
proval 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 de-
velopment order or captioned in the plans approved by it.
1[U|fthe project iSb]bedeveloped iDphases, the Applicant shall submit anin-
terim p|Gn, including a |@Ddmc8p8 p|aD, which oddF8aaeS design details for the land oc-
cupying future phases of this Pjectinthe event that the future phases are not deve/-
oped. said plan shall include g proposed timetable and shall be subject to review and
@ppnDV@| by the P|@DDiDg [)i[8CtO[
11\Pursuant todesign ne|mtedconlnmentereceivedbvthePlanninADireotor,Ule
applicant shall meet the following conditions: (a) Provide separate plans for Buildings 1
and 4 as both buildings are different in height, density and in context with the intersec-
tions0fNVV2OStreetandNVV28"'AvenVe; (b}Provide adifferent architectural charac-
ter end nnaeo\ng to each building in order to provide variety in the building's appear-
ancao.unit mix, pedestrian experience and spaces created; (C) The continuous street
frontage along De|8vv@Fe 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 Delaware Parkway tothe river rapids fountain and City ofK8|-
mrni park; (d) The buildings along [)e|mvvore Parkway shall step back in massing and re-
turn to a lower scale along the inner unnamed street; /e\ Provide perspectives through
the interior roadway between buildings; (OThe applicant shall provide clear public ac-
cess toall waterfront portions ofthe site, articulating these areas aa natural parks or
public plazas, as appropriate; (g) The applicant shall develop a riverwalk along portions
of NW South River Drive adjacent to the project site as for the benefit of the public. Be-
ferto the City of Miami B@yvv8|k/Rivenwa|h Design Guidelines for ideas on further devel-
oping this area; (h) Provide a boat landing area along the Miami RiVeRwa|hintegrating
this design into the connection to the public plaza/ NVV28 mAvenue extension; (i) Pro-
vide clear pedestrian sidewalks of atleast 8'inwidth along NVV28 mAveDue that will
cross over the bridge and lead directly to the plaza along NW South River Drive; 0) Pro-
vide clear pedestrian crossings for NW South River Drive in order to improve connec-
tions between the public plaza and the Miami River. These pedestrian crossings can be
articulated with a coRUOVoUG Dl@te[ig|.
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Page 1Uof12
12)Pursuant bocomments bvthe City ofMiami Public Works Department, the
following street improvements ahoU be required: (a) Delaware Pmrkvvov— Construct con-
crete curb around all medians. Coordinate any new or modified median open-
ing/storage 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 on both sides of the parkway and construct new sidewalk in the
missing section between NW 30 Avenue and NW 17 Street. The landscaped swales are
toremain onboth sides ofthe parkway. Repair any damage in the swale areas by grad-
ing and new sod; (b) NW 17 Street (NW 27 Avenue through the Delaware Parkway in'
teraeotion)-Constrwotoonoreteourbanounda||nnedianm. Rebuild ovvm|esonboth sides
of the street with new concrete curb and gutter and pavement. Modify the storm water
drainage system on south side of street and construct a new storm water drainage sys-
tem on the north aide of street. Replace all damaged and broken sidewalk on both sides
ofthe 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-
portnnenL Repair any damaged sod inthe median; /c\NVV27Court (NW 17Street —
NVV 17Terrace) —Hebui|d nnmdvvmy (new sidewalk, pavennent, curb and gutter) in oc-
cordmnoexvith the standard city cross section. Construct new storm water drainage sys-
tenn; (d) NW 17 Terrace (NW 27 Court — NVV28Avenue) — Rebuild roadway (new side-
YYa|h, pgvennent, curb and gutter) in accordance with the standard city cross section.
Construct new storm water drainage system; (e) NW 28 Avenue (NW 17 Street to the
southerly bank of the north fork of the Miami River) — Rebuild roadway (new sidewalk,
pavement, curb and 0utteh. Parking lanes are optional, coordinate improvements with
recommendations from the Qty's Planning Department (archeological zone). Construct
new storm water drainage system; (f) NVV2O Street (Delaware Parkway — NVVSouth
River Drivm)— Rebuild roadway (new sidewalk on the oouthoid*, pavennent, 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; /g> NW South River Drive (NW 20 Street
to connection with NW 27 Avenue bridge approach) — Rebuild roadway (new sidewalk
on the southwest side. pavement, curb and gutter on both sides). Parking lanes are not
nSquir8d, oOOndiO8te improvements and the pedestrian crossing of the north fork 0fthe
Miami River with the City's Planning Department (archeological zone/"greenway"). Con-
struct new storm water drainage system, Repair all damaged sections ofguardrail on
the northeast side ofthe roadway.
13) Prior to the issuance of a building permit, 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 ehaUboreducedtothone
heights referenced in the letter from Miami -Dade Aviation to the Planning Department
dated December 2.2OO5.
14)Pureuont tnHEPBResolution 20O5-O21.the applicant shall meet the follow-
ing conditions: (a) A phase 1 archeological assessment 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 diocovery, as per the management plan submitted; /o> Afina|
report shall be submitted to the Preservation Officer documenting the results of this in-
vestigation.
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15) A development bonus to permit a mixed use of 283,802 square feet of floor
area shall require anon-refundable payment tothe Affordable Housing Trust Fund ofen
amount of $12.40 per square foot for a total of $3,519,144.80.
18>Thst 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 a cVvenart, subject to review and approval by the
city attmnney, within sixty U50> days of the effective date of this reao|ubDn, which states
that inthe event that this Major UseSpecia|Pernnit expires orioabandoned, any future
development of the subject properties shall require design review and approval by the
Planning C)inector, utilizing the same criteria as the original Major Use Special Permit.
1E0 Within SO days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development [)njer runs
with the land and is binding on the Applicant, its auuceoaoro, and aaoigna, jointly or
severally.
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