HomeMy WebLinkAboutExhibit A"EXHIBIT A"
ATTACHMENT TO
RESOLUTION NO.
DATE:
THE KUBIK AT MORNINGSIDE PROJECT
MAJOR USE SPECIAL PERMIT APPLICATION
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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
Major Use Special Permit application for the Kubik at Morningside (hereinafter referred
to as the "PROJECT") to be located at 5600-5780 Biscayne Boulevard, 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 5600-
5780 Biscayne Boulevard, Miami, Florida. The PROJECT is a to approve the
construction of two 14-story buildings with either of two design options with the
"Alternative A" option comprised of 293 multifamily residential units, 41,745 square feet
of retail/restaurant space, and approximately 422 total parking spaces; or the
"Alternative B" option which is comprised of 293 multifamily residential units, 33,046
square feet of retail/restaurant space, and approximately 362 total parking spaces
The Major Use Special Permit Application for the PROJECT also encompasses the
following lower ranking Special Permits:
MUSP, as per Article 17 for development of 293 residential units;
MUSP, as per Article 5, Section 502, PUD districts; to increase the floor area by
twenty percent (20°!0), 55,735.09 square feet;
CLASS II, as per Article 6, Section 609.3.1, for a construction fence within the
SD-9 overlay district;
CLASS 11, as per Article 6, Section 609.3.1, for development of new construction
within the SD-9 overlay district;
CLASS II, as per Article 9, Section 927, to allow temporary off -site parking during
construction;
CLASS 11, as per Article 9, Section 906.7.3, to permit a restaurant as an
accessory convenience establishment;
CLASS II, as per resolution number 12331, to allow parking lifts located within a
garage structure.
CLASS II, as per Article 9, Section 908.2, for access from a public street
roadway width greater than twenty- five feet.
CLASS i, as per Article 9, Section 925.3.8, to allow
development/construction/rental signage.
CLASS 1, as per Article 9, Section 918.2, for parking and staging of construction
during construction.
CLASS I, as per Article 9, Section 918.2, for parking and staging of offsite
parking for construction crews.
CLASS I, as per Article 9, Section 906.6, for active recreational facilities
(including swimming pools).
Page A-2 of 7
CLASS I, as per Section 915.2 for FAA clearance letter.
CLASS I, as per Article 9, Section 917.12, to allow valet parking for commercial
and residential use.
CLASS I, as per Article 9, Section 920.1, to allow a construction trailer and
watchman's quarters.
CLASS I, as per Article 9, Section 920.1, to allow a trailer for construction and
other temporary office uses such as leasing and sales.
CLASS I, as per Article 9, Section 906.9, to allow for a special event namely a
ground breaking ceremony.
SPECIAL EXCEPTION, as per City of Miami Zoning Ordinance 11000 as
amended, Article 9, Section 917.7.1, reduction in parking requirements for
combination of commercial and office uses on the same premises.
Designation as a phased project, pursuant to Section 2502 of Zoning Ordinance 11000,
as amended.
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 lieu of
unity of title.
Pursuant to Article 13, of Zoning Ordinance 11000, approval of the requested
Substantial Modification to a Major Use Special Permit application shall be considered
PageA-3of7
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 Oppenheim Architecture & Design, LLC, dated
February 9, 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
Planning Department prior to the issuance of any building permits.
and
The PROJECT conforms to the requirements of the C-1 (Restricted Commercial)
and 0 (Office) zoning classifications, with and SD-9 Biscayne Boulevard North Overlay
designation, as contained in 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.
2. Pay all applicable fees due prior to the issuance of a building permit.
3. Allow the Miami Police Department to conduct a security survey, at the option of
Page A-4 of 7
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.
4. 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 projection and life safety systems, exiting,
vehicular access and water supply.
5. 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) as submitted to the City`s Planning
& Zoning Department.
7. Record the following in the Public Records of Dade County, Florida, prior to the
issuance of a Temporary Certificate of Occupancy or Certificate of Occupancy, a
Declaration of Covenants and Restrictions providing that the ownership,
operation and maintenance of all common areas and facilities will be by the
property owner or a mandatory property owner association in perpetuity.
8. Prior to the issuance of a shell permit, demonstrate to the City that (a) the
condominium documents have been filed with the State of Florida; or (b) provide
the City with 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
Page A-5 of 7
review and approval of the City Attorney's Office.
9. Provide the Department of Planning and Zoning with a temporary parking plan,
including an operational plan, which addresses construction employee parking
during the construction period, said plan shall include an enforcement plan and
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.
10. If the project is to be developed in phases, the Applicant shall submit an interim
plan, including a landscape plan, which addresses design details for the land
occupying future phases of this Project in the event that the future phases are
not developed, said plan shall include a proposed timetable and shall be subject
to review and approval by the Director of the Department of Planning and
Zoning.
11. Pursuant to the UDRB's and the Planning and Zoning Department's reviews, the
applicant shall remove shrubs by following the FDOT plan; relocate all vehicular
driveways to N.E. 4th Court; reduce the driveway to the minimum allowable
standards of 20'-24'; reduce the amount of driveways and configure the
circulation within the building site; provide a continuous canopy of shade trees
along the edge of curb; see the latest FDOT construction plans for the "Biscayne
Boulevard Improvement Plan" regarding landscaping.
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.
Page A-6of7
CONCLUSIONS OF LAW
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 application.
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 have been considered and will be further considered administratively
during the process of issuing individual building permits and certificates of occupancy.
PageA-7 of 7