HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
ISLAND GARDENS AT WATSON ISLAND PROJECT
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 the Island Gardens at Watson Island Project
(hereinafter referred to as the "PROJECT") to be located at approximately 950 and
1050 MacArthur Causeway, 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 950 and 1050 MacArthur Causeway, Miami, Florida. The PROJECT is
located on a gross area of approximately 24.14± acres containing approximately 13.35±
acres of submerged land and approximately 10.79± acres of uplands (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 two hotel buildings housing 500
rooms and 105 fractional ownership units with accessory uses, 221,000 square feet of
retail space, 1,610 total parking spaces, 50 mega -yacht slip marina and ancillary uses,
maritime gallery, and approximately 6.5± acres of public gardens and open space.
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUSP, as per Article 17, Section 1701, to permit any nonresidential uses
involving in excess of two hundred thousand (200,000) square feet of floor area;
MUSP, as per Article 17, Section 1701, to permit hotels involving in excess of
three hundred fifty (350) rooms;
MUSP, as per Article 17, Section 1701, to permit any single or combination of
requiring or proposing to provide in excess five hundred (500) offstreet parking
spaces;
Pursuant to City Code, Chapter 35, Section 36-6 Construction Equipment.
Request for waiver of noise ordinance for construction and nighttime dredging.
SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as
amended, Article 9, Section 924.10, to allow the projection of docks or plus into
waterways previously approved on January 26, 2004 by the Zoning Board;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
within a Special District;
CLASS II, as per Article 6, Section 607.3.1, for development of new construction
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within a Special District;
CLASS II, as per Article 15, Section 1511 for development between Biscayne
Bay and the first dedicated right-of-way;
CLASS II, as per Determination of Use 2001-001, Special Exception to permit
establishments which offer time-share licenses within the "C-1 Restricted
Commercial" zoning district;
CLASS!, as per Section 915.2 for FAA clearance letter;
CLASS I, as per Article 9, Section 10.3.2.2 to allow
development/construction/sales and rental signage;
CLASS I, as per Article 9, Section 918.2, for parking and staging during
construction;
CLASS I, as per Article 9, Section 920.1, to allow temporary construction
buildings and trailers;
CLASS I, as per Article 6, Section 903.1, for projects designed as a single site
occupying lands divided by district boundaries;
CLASS I, as per Article 9, Section 917.1.2, to allow valet parking, including
buses and other vehicles;
Request for the following MUSP conditions to be required at time of shell permit
instead of an issuance of foundation permit;
Request for reservation of Downtown DRI credits;
Request for variance to the setback per Article 4, Section 401, "C-1", for the
Base building maximum height at front setback;
Waiver of Charter Amendment to allow certain improvements, as shown on the
site plan, to be located within the 50' setback area.
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
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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 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 Spillis Candela DMJM, dated April 1, 2004; the
landscape plan shall be implemented substantially in accordance with plans and design
schematics on file prepared by Spillis Candela DMJM, dated April 1, 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 C-1 (Restricted Commercial)
and PR (Parks and Recreation) Zoning classifications, 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.
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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.
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.
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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.
6. 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 plan; failure
to comply may lead to a suspension or revocation of this Major Use Special
Permit.
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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. Pursuant to the Zoning Board review, the applicant shall adhere to the
conditions of approval placed by the Zoning Board as provided in the City
Commission Resolution.
12. Pursuant to the UDRB's and Planning and Zoning Department's review, the
applicant shall meet the following conditions; Apply the 2nd Garage scheme
facing 1-395.
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13. The applicant shall continue to work with the City Planning and Zoning
Department in the articulation of the buffer on the eastern side of the parking
garage facing MacArthur Causeway.
14. The applicant will be required to provide landscaping for the roadway and
would be responsible for the development of the beautification and the
landscaping of the facade to the City's final review and approval.
15. Pursuant to the Planning Advisory Board's review, the City Department of
Offstreet Parking ("Miami Parking Authority") establish a Watson Island
Parking Committee; Further that if parking on Watson Island is insufficient that
Flagstone Island Gardens and other Watson Island Users co-operate to
mitigate their impact on parking availability and have their employees park off -
site.
16. Within 90 days of the effective date of this Development Order, record a
certified copy of the Development Order specifying that the Development
Order runs with the land and is binding on the Applicant, its successors, and
assigns, jointly or severally.
THE CITY SHALL:
Establish the operative date of this Permit as being thirty (30) days from
the date of its issuance; the issuance date shall constitute the commencement of
the thirty (30) day period to appeal from the provisions of the Permit.
CONCLUSIONS OF LAW
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The PROJECT, proposed by the APPLICANT, complies with the Miami
Comprehensive Neighborhood Plan, is consistent with the orderly development and
goals of the City of Miami, and complies with local land development regulations and
further, pursuant to Section 1703 of the Zoning Ordinance:
(1) the PROJECT will have a favorable impact on the economy of the City;
and
(2) the PROJECT will efficiently use public transportation facilities; and
(3) the PROJECT will favorably affect the need for people to find adequate
housing reasonably accessible to their places of employment; and
(4) the PROJECT will efficiently use necessary public facilities; and
(5) the PROJECT will not negatively impact the environment and natural
resources of the City; and
(6) the PROJECT will not adversely affect public safety; and
(7) the public welfare will be served by the PROJECT; and
(8) any potentially adverse effects of the PROJECT will be mitigated through
conditions of this Major Use Special Permit.
The proposed development does not unreasonably interfere with the
achievement of the objectives of the adopted State Land Development Plan applicable
to the City of Miami.
Pursuant to Section 1305 of the Zoning Ordinance, the specific site plan aspects
of the PROJECT i.e., ingress and egress, offstreet parking and loading, refuse and
service areas, signs and lighting, utilities, drainage and control of potentially adverse
effects generally have been considered and will be further considered administratively
during the process of issuing individual building permits and certificates of occupancy.
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