HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
OPUS PROJECT
MAJOR USE SPECIAL PERMIT
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 9, 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 the Opus Project (hereinafter referred to as the "PROJECT") to be
located at approximately 1237 Biscayne Boulevard, 324 and 444 NE 13th Street, Miami, Florida
(see legal description on "Exhibit B", attached and incorporated), is subject to any dedications,
limitations, restrictions, reservations or easements of record.
After due consideration of the recommendations of the Planning Advisory Board and
after due consideration of the consistency of this proposed development with the Miami
Comprehensive Neighborhood Plan, the City Commission has approved the PROJECT, and
subject to the following conditions approves the Major Use Special Permit and issues this
Permit:
FINDINGS OF FACT
PROJECT DESCRIPTION:
The proposed PROJECT is a mixed -use development to be located at approximately
1237 Biscayne Boulevard, 324 and 444 NE 13th Street, Miami, Florida. The PROJECT is
located on a gross lot area of approximately 2.63± acres and a net lot area of approximately
0.8168± 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 comprised of a 57-story mixed -use structure consisting
of 408 total multifamily residential units, approximately 17,160 square feet of retail/office use,
and 570 total parking spaces.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
Per City Code, Chapter 36, Construction Equipment, request for waiver of noise
ordinance while under construction for continuous pours;
MUSP, as per Article 17 for parking of approximately 570 parking spaces;
MUSP, as per Article 17 for development of 408 residential units;
CLASS II, as per Article 9, Section 906.6, for pool/outdoor recreation area;
CLASS 11, as per Article 6, Section 606.3.2, for development of new construction within
the Central Commercial Residential District;
CLASS II, as per Article 4, Section 401, to allow a construction fence and covered
walkway;
CLASS 11, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11, as per Article 9, Section 908.2 for access from a public street roadway width
greater than 25 feet;
CLASS 1, to permit staging and parking during construction (to be approved prior to
obtaining a building permit from the Department of Planning and Zoning);
CLASS 1, as per Article 9, Section 925.3.8, to allow development/construction/rental
signage;
CLASS 1, as per Article 9, Section 920.1, to allow a construction trailer and watchman's
quarters;
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CLASS I, as pre Article 9, Section 920,1, to allow a trailer(s) for construction and other
temporary offices such as leasing and sales;
CLASS I, as per Article 9, Section 917.1.2 to allow valet parking for other uses;
REQUEST for applicable MUSP conditions to be required at the time of shell permit
instead of at issuance of foundation permit;
REQUEST for reservation of Downtown DR1 credits;
Note: Designation as a phased development pursuant to Section 2502 of Ordinance No.
11000.
REQUEST that the following MUSP conditions be required at the time of Temporary Certificate
of Occupancy or Final Certificate of Occupancy instead of at the issuance of foundation permit:
a. the requirement to record in the Public Records a Declaration of Covenants and
Restrictions providing that the ownership, operation and maintenance of all common
areas and facilities will be by the property owner or a mandatory property owner
association; and
b. the requirement to record in the Public Records a unity of title or covenant in lieu of
unity of title.
Pursuant to Articles 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major
Use Special Permit shaii be considered sufficient for the subordinate permits requested and
referenced above as well as any other special approvals required by the City which may be
required to carry out the requested plans.
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The PROJECT shall be constructed substantially in accordance with plans and design
schematics on file prepared by Arquitectonica, dated April 12, 2004; the landscape plan shall be
implemented substantially in accordance with plans and design schematics on file prepared by
Urban Landscape, Inc., dated May 12, 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 Director of
the Department of Planning and Zoning prior to the issuance of any building permits.
The PROJECT conforms to the requirements of the SD-6 "Central Commercial
Residential zoning districts, as contained in the Zoning Ordinance, the Zoning Ordinance of the
City of Miami, Florida, as amended. The existing comprehensive plan future land use
designation on the subject property allows the proposed uses.
CONDITIONS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, SHALL COMPLY
WITH THE FOLLOWING:
1. Meet all applicable building codes, land development regulations, ordinances and other
laws and pay all applicable fees due prior to the issuance of a building permit.
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 Department of Planning and Zoning, 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 Director of the Department of Planning and
Zoning why such recommendations are impractical.
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3. Obtain approval from, or provide a letter from the Department of Fire -Rescue indicating
APPLICANT'S coordination with members of the Fire Plan Review Section at the
Department of Fire -Rescue in the review of the scope of the PROJECT, owner
responsibility, building development process and review procedures, as well as 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. 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, recordable
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.
7. Provide the Department of Planning and Zoning 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 Department of Planning and Zoning 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
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plan; failure to comply may lead to a suspension or revocation of this Major Use
Special Permit.
8. 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 Department of Planning and Zoning 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.
9. 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 Director of Planning and Zoning.
10. Pursuant to the Traffic Impact Analysis Review, the applicant is strongly encouraged to
continue working with the City's Traffic Consultant to resolve all outstanding Traffic
Analysis issues prior to being heard by the City Commission.
11. Prior to the issuance of a Building Permit, the applicant shall submit for review by the
Planning & Zoning Department, all details of the artistic solution for the portions of the
garage, which shall be exposed.
12. Prior to the issuance of a Building Permit, the applicant shall coordinate with the City
Transportation Office and FDOT regarding traffic circulation and access to the site in
relation to future plans for the 1-395 highway, and the possible impact this may have on
this project's site.
13. Within 90 days of the effective date of this Development Order, record a certified copy
of the Development Order specifying that the Development Order runs with the land
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and is binding on the Applicant, its successors, and assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from the date
of its issuance; the issuance date shall constitute the commencement of the thirty (30)
day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan 1989-2000, is consistent with the orderly development and goals of the City
of Miami, and complies with local land development regulations and further, pursuant to Section
1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City; and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural resources
of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the achievement of the
objectives of the adopted State Land Development Plan applicable to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and service areas,
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signs and lighting, utilities, drainage and control of potentially adverse effects generally have
been considered and will be further considered administratively during the process of issuing
individual building permits and certificates of occupancy.
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