HomeMy WebLinkAboutR-09-0088Vop City of Miami
Legislation
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Resolution: R-09-0088
File Number: 07-00797mu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/26/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT
TO ARTICLES 5, 9, 13, AND 17 OF ZONING ORDINANCE NO. 11000, AS
AMENDED, FOR THE LA QUINTAY LA OCHO PROJECT, TO BE LOCATED AT
APPROXIMATELY 504 SOUTHWEST 8TH STREET; 826, 832 AND 844
SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561, AND 571
SOUTHWEST 9TH STREET, MIAMI, FLORIDA, SUCH PROJECT TO BE
COMPRISED OF A MIXED-USE MULTIFAMILY -RESIDENTIAL BUILDING WITH
APPROXIMATELY 232 RESIDENTIAL UNITS, APPROXIMATELY 262,340 SQUARE
FEET OF RESIDENTIAL FLOOR AREA, APPROXIMATELY 20,946 SQUARE FEET
OF RETAIL FLOOR AREA, APPROXIMATELY 20,173 SQUARE FEET OF OFFICE
FLOOR AREA, AND APPROXIMATELY 489 TOTAL PARKING SPACES, WITH A
MAXIMUM HEIGHT OF APPROXIMATELY 142 FEET 6 INCHES N.G.V.D.; MAKING
FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR
BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on June 7, 2007, Ben Fernandez, Esquire, on behalf of Brickell Square, LLC
(referred to as "APPLICANT"), submitted a complete application for Major Use Special Permit for La
Quinta y La Ocho project (referred to as "PROJECT") pursuant to Articles 5, 9, 13, and 17 of Zoning
Ordinance No. 11000, for the properties located at approximately 504 SW 8th Street, 826, 832 and
844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 SW 9th Street, Miami,
Florida, as legally described in "Exhibit A", attached and incorporated; and
WHEREAS, development of the Project requires the issuance of a Major Use Special Permit
pursuant to Article 17 of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami,
Florida, as amended; and
WHEREAS, the Large Scale Development Committee met on March 7, 2007, to consider the
proposed project and offer its input; and
WHEREAS, the Urban Development Review Board met on March 21, 2007, to consider the
proposed project and recommended approval; and
WHEREAS, the Miami Zoning Board, at its meeting on February 25, 2008, Item No. 3,
following an advertised public hearing, adopted Resolution No. ZB 08-013 by a vote of six to three (6-
3), recommending DENIAL of the Zoning Change as set forth; and
WHEREAS, the Miami Planning Advisory Board ("PAB"), at its meeting on July 16, 2008, Item
No. P.5, following an advertised public hearing, adopted Resolution No. 08-031 by a vote of seven to
two (7-2), recommending DENIAL of an amendment to Ordinance No. 10544, as amended; and
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WHEREAS, the PAB adopted a second Resolution No. 08-031a by a vote of six to three (6-3)
stating that the PAB has no objection to the land use change if certain provisions are placed in the
related Major Use Special Permit to prohibit commercial intrusion into the residential area;
WHEREAS, the Miami Planning Advisory Board, at its meeting on July 16, 2008, Item No. P.6,
following an advertised public hearing, adopted Resolution No. PAB-08-032 by a vote of five to four
(5-4), recommending APPROVAL with conditions of the Major Use Special Permit Development Order
as hereinafter set forth, with the additional condition that if the Major use Special Permit expires, the
City has the right to apply for the Land Use Change to revert back to "Medium -Density Multifamily
Residential"; and
WHEREAS, the City Commission deems it advisable and in the best interest of the general
welfare of the City of Miami to issue a Major Use Special Permit Development Order as hereinafter
set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A Major Use Special Permit Development Order, incorporated herein, is approved
subject to the conditions specified in the Development Order, per Article 17 of Zoning Ordinance No.
11000, for the PROJECT to be developed by the APPLICANT, at approximately 504 SW 8th Street,
826, 832 and 844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 SW 9th
Street, Miami, Florida, and more particularly described on "Exhibit A," attached and incorporated
herein.
Section 3. The PROJECT is approved for the construction of a mixed use multifamily
residential building with approximately 142 feet and 6 inches in height to be comprised of
approximately 232 total multifamily residential units with recreational amenities; approximately 20,946
square feet of retail space; and approximately 20,173 square feet of office floor area with
approximately 489 total off-street parking spaces; providing for certain floor area ratio ("FAR")
bonuses
Section 4. The Major Use Special Permit Application for the Project also encompasses the
lower ranking Special Permits as set forth in the Development Order.
Section 5. The findings of fact set forth below are made with respect to the subject PROJECT:
a. The PROJECT is in conformity with the adopted Miami Comprehensive Neighborhood Plan,
as amended.
b. The PROJECT is in accord with the proposed C-1 (Restricted Commercial) zoning
classification of Zoning Ordinance No. 11000, the Zoning Ordinance of the City of Miami, Florida, as
amended.
c. Pursuant to Section 1305.2 of the Zoning Ordinance, the specific site plan aspects of the
PROJECT that have been found by the City Commission (based upon facts and reports prepared or
submitted by staff or others) to adhere to the following Design Review Criteria subject to the any
applicable conditions in the Development Order herein:
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DESIGN REVIEW CRITERIA
Enactment Number: R-09-0088
1) Site and Urban Planning:
APPLICABILITY COMPLIANCE
(1) Respond to the physical contextual
environment taking into consideration
urban form and natural features;
Yes Yes
(2) Siting should minimize the impact of automobile
parking and driveways on the pedestrian
environment and adjacent properties;
Yes Yes
(3) Buildings on corner lots should be
oriented to the corner and public street fronts
Yes Yes
11) Architecture and Landscape Architecture:
APPLICABILITY COMPLIANCE
(1) A project shall be designed to comply with
all applicable landscape ordinances;
Yes Yes*
(2) Respond to the neighborhood context;
Yes Yes*
(3) Create a transition in bulk and scale;
Yes Yes
(4) Use architectural styles and details (such
as roof lines and fenestration), colors and
materials derivative from surrounding area;
Yes Yes
(5) Articulate the building facade vertically
and horizontally in intervals that conform
to the existing structures in the vicinity.
Yes Yes*
III) Pedestrian Oriented Development:
APPLICABILITY COMPLIANCE
(1) Promote pedestrian interaction;
Yes Yes
(2) Design facades that respond primarily to
the human scale;
Yes Yes
(3) Provide active, not blank facades. Where
blank walls are unavoidable, they should
receive design treatment.
Yes Yes*
IV) Streetscape and Open Space:
APPLICABILITY COMPLIANCE
(1) Provide usable open space that allows for
convenient and visible pedestrian access
from the public sidewalk;
Yes Yes
(2) Landscaping, including plant material, trellises,
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special pavements, screen walls, planters and
similar features should be appropriately
incorporated to enhance the project. Yes Yes*
V) Vehicular Access and Parking: APPLICABILITY COMPLIANCE
(1) Design for pedestrian and vehicular safety
to minimize conflict points; Yes Yes
(2) Minimize the number and width of
driveways and curb cuts; Yes Yes
(3) Parking adjacent to a street front should be
minimized and where possible should be
located behind the building; Yes Yes
(4) Use surface parking areas as district buffer. N/A
VI) Screening: APPLICABILITY COMPLIANCE
(1) Provide landscaping that screen undesirable
elements, such as surface parking lots, and
that enhances space and architecture; Yes Yes*
(2) Building sites should locate service elements
like trash dumpster, loading docks, and
mechanical equipment away from street front
where possible. When elements such as dumpsters,
utility meters, mechanical units and service areas
cannot be located away from the street front they
should be situated and screened from view to
street and adjacent properties; Yes Yes
(3) Screen parking garage structures with program
uses. Where program uses are not feasible soften
the garage structure with trellises, landscaping,
and/or other suitable design element. Yes Yes
VII) Signage and Lighting: APPLICABILITY COMPLIANCE
(1) Design signage appropriate for the scale and
character of the project and immediate neighborhood; N/A
(2) Provide lighting as a design feature to the building
facade, on and around landscape areas, special
building or site features, and/or signage; N/A
(3) Orient outside lighting to minimize glare to
adjacent properties; N/A
(4) Provide visible signage identifying building
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addresses at the entrance(s) as a functional
and aesthetic consideration. N/A
VIII) Preservation of Natural Features: APPLICABILITY
(1) Preserve existing vegetation and/or geological
features whenever possible. Yes
IX) Modification of Nonconformities: APPLICABILITY
(1) For modifications of nonconforming
structures, no increase in the degree
of nonconformity shall be allowed; N/A
(2) Modifications that conform to current
regulations shall be designed to
conform to the scale and context of
the nonconforming structure. N/A
*Compliance is subject to conditions.
COMPLIANCE
Yes
COMPLIANCE
These findings have been made by the City Commission to approve this project with conditions.
d. The PROJECT is expected to cost approximately $80,100,000, and to employ approximately
588 workers during construction (FTE -Full Time Employees). The PROJECT will also result in the
creation of approximately 150 permanent new jobs (FTE) and will generate approximately $773,613
annually in tax revenues to the City (2006 dollars).
e. The City Commission further finds that:
(1) the PROJECT will have a favorable impact on the economy of the City;
(2) the PROJECT will efficiently use public transportation facilities;
(3) any potentially adverse effects of the PROJECT will be mitigated through compliance with
the conditions of this Major Use Special Permit;
(4) the PROJECT will favorably affect the need for people to find adequate housing
reasonably accessible to their places of employment;
(5) the PROJECT will efficiently use necessary public facilities;
(6) the PROJECT will not negatively impact the environment and natural resources of the City;
(7) the PROJECT will not adversely affect living conditions in the neighborhood;
(8) the PROJECT will not adversely affect public safety;
(9) based on the record presented and evidence presented, the public welfare will be served
by the PROJECT; and
(10) any potentially adverse effects of the PROJECT arising from safety and security, fire
protection and life safety, solid waste, heritage conservation, trees, shoreline development, minority
participation and employment, and minority contractor/subcontractor participation will be mitigated
through compliance with the conditions of this Major Use Special Permit.
Section 6. The Major Use Special Permit, as approved and amended, shall be binding upon
the APPLICANT and any successors in interest.
Section 7. The application for Major Use Special Permit, which was submitted on June 7,
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2007, and on file with the Planning Department of the City of Miami, Florida, shall be relied upon
generally for administrative interpretations and is incorporated by reference.
Section 8. The City Manager is directed to instruct the Planning Director to transmit a copy of
this Resolution and attachment to the APPLICANT.
Section 9. The Findings of Fact and Conclusions of Law are made with respect to the Project
as described in the Development Order for the PROJECT, incorporated within.
Section 10. The Major Use Special Permit Development Order for the PROJECT is granted and
issued.
Section 11. In the event that any portion or section of this Resolution or the Development Order
is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this Resolution or Development
Order which shall remain in full force and effect.
Section 12. The provisions approved for this Major Use Special Permit, as approved, shall
commence and become operative thirty (30) days after the adoption of the Resolution.
Section 13. This Major Use Special Permit, as approved, shall expire two (2) years from its
commencement and operative date.
Section 14. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1 }
DEVELOPMENT ORDER
Let it be known that pursuant to Articles 5, 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 La Quinta y La Ocho (File ID#: 07-00797mu), (hereinafter referred to as the "PROJECT") to be
located at approximately 504 SW 8th Street, 826, 832 and 844 SW 5th Avenue, 513, 515, 517, 519,
521, 531, 541, 551, 561, and 571 SW 9th Street, Miami, Florida (see legal description on "Exhibit A",
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 504 SW 8th
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Street, 826, 832 and 844 SW 5th Avenue, 513, 515, 517, 519, 521, 531, 541, 551, 561, and 571 SW
9th Street, Miami, Florida. The PROJECT is located on a gross lot area of approximately 3.01± acres
and a net lot area of approximately 2.34± acres of land (more specifically described on "Exhibit A",
incorporated herein by reference). The remainder of the PROJECT's Data Sheet is attached and
incorporated as "Exhibit B".
The proposed PROJECT will be approximately 142 feet and 6 inches in height to be comprised of a
mixed use multifamily residential building with approximately 232 total multifamily residential units with
recreational amenities; approximately 20,946 square feet of retail space; and approximately 20,173
square feet of office floor area with approximately 489 total off-street parking spaces; providing for
certain floor area ratio ("FAR") bonuses.
The Major Use Special Permit Application for the PROJECT also encompasses the following lower
ranking Special Permits:
MAJOR USE SPECIAL PERMITS
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (1), for residential
development involving in excess of two hundred (200) units;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701. Definition (8) and ARTICLE 9,
Section 914, 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 approximately 32,559 square feet, the
user shall make a non-refundable bonus developer contribution of an amount of $403,731.60 to the
Affordable Housing Trust Fund administered by the City of Miami;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17, Section 1701, Definition (9) and ARTICLE 5,
Sect. 502. PUD districts; minimum area, maximum densities and maximum floor area ratios permitted
(a)(c), to allow up to 20 % increase of floor area ratio, for an increase of approximately 45,150 square
feet of floor area;
This MAJOR USE SPECIAL PERMIT encompasses the following Special Permits and Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.3, to allow the construction of a new
development in SD -25 districts;
CLASS II SPECIAL PERMIT, as per Article 4, Section 401, C-1 Restricted Commercial,
Class II Special Permits required, to allow an increase of the maximum allowed footprint of 40 % the
Gross Lot Area to 60% GLA;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 917.7.1, Reduction in parking requirements
for combinations of commercial and office uses on the same premises, To allow reduction up to ten
(10) percent of the total required parking spaces for combination of commercial and office uses;
CLASS II SPECIAL PERMIT, as per ARTICLE 6, Section 625.9, Parking, reduction in overall
non-residential parking of up to ten (10) -percent may be granted pursuant to a Class II Special
Permit if metered parking is located along any street frontage adjacent to the proposed
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establishment, to allow up to ten (10) percent reduction in parking requirement of non-residential
parking;
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512. Class II Special Permit required for
waiver of design standard and guidelines, to allow a waiver of City of Miami Off-street Parking Guides
& Standards, only for reduction of required backup distance in driveway isles from 23 feet to 21 feet;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. Temporary structures, occupancies, and
uses during construction, criteria for special permits, to allow temporary structures, occupancies, and
uses reasonably necessary for construction such as construction fence, covered walkway and if
encroaching public property must be approved by other city departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906, Sub -Section 906.9. Temporary special
events; special permits; criteria, to allow temporary carnival, festival, fair or similar type event on
privately owned or City -owned land such as a ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916, Sub -Section 916.2.1. Temporary special
event parking, to allow parking for temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918, Sub -Section 918.2. Temporary off-street
offsite parking for construction crews, criteria, to allow temporary off-street offsite parking, for
construction crews working on a residential project under construction, within C-1 or more permissive
zoning district;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920, Sub -Section 920.1.2. Limitations on
occupancy of mobile homes, to allow parking of mobile homes, trailers or manufactured homes, when
authorized for security or other purposes in connection with land development such as construction
trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS I SPECIAL PERMIT, as per, ARTICLE 10, Section 10.5, Sub -Section 10.5.4.3, C-1 Restricted
Commercial, Temporary Signs (3), to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a) permitting
the operation of construction equipment exceeding the sound level of a reading of 0.79 weighted
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 MAJOR USE SPECIAL PERMIT, that the following conditions be required at
the time of issuance of Shell Permit instead of at issuance of Foundation Permit:
The requirement to record in the Public Records a Declaration of Covenants and/or Restrictions
providing that the ownership, operation and maintenance of all common areas and facilities will be
by the property owner and/or a mandatory property owner association;
And the requirement to record in the Public Records a Unity of Title or a covenant in lieu of a Unity
of Title.
Pursuant to Articles 5, 9, 13 and 17 of Zoning Ordinance 11000, approval of the requested Major
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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 Chael, Cooper and Associates, P.A, signed and, dated April 22, 2008; the
landscape plan shall be implemented substantially in accordance with plans and design schematics
on file prepared by Witkin Design Group, signed and dated June 1, 2007; 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 Planning
Director prior to the issuance of any building permits; and
The PROJECT conforms to the requirements of the proposed C-1 (Restricted Commercial)
and SD -25 Overlay Special District zoning classifications, as contained in the Zoning Ordinance, the
Zoning Ordinance of the City of Miami, Florida, as amended. The proposed comprehensive plan
future land use designation on the subject property allows the proposed uses.
CC) NDITIC)NS
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 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 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.
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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 mandatory property owner association in perpetuity.
7) 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, 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.
8) Provide the Planning Department 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 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 to a suspension or revocation of this Major Use Special Permit.
9) 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 Planning Department 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.
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 Planning Director.
11) Pursuant to design related comments received by the Planning Director, the applicant shall
meet the following conditions: (a) Verify the encroachment amount of the "eyebrow" feature along 8th
Street with the Zoning Department; (b) Articulate the west fagade, exploring ways to treat the blank
walls along this fagade; and (c) Verify FEMA's finish floor requirements for the site and indicate how
the design of the colonnade and sidewalk will address these requirements.
12) Pursuant to comments by the City of Miami Public Works Department, the following
conditions shall be required of the applicant: (1) S.W. 8th Street- Coordinate replacement of broken
and damage concrete sidewalk, curb and gutter adjacent to the project site with Florida Department
of Transportation; (2) S.W. 9th Street - Construct new sidewalk and curb and gutter following the
twenty five (25) corner radius. Replace all damaged and broken sidewalk, curb and gutter and valley
gutter on the north side of a street adjacent to the project site; (3) S.W. 5th Avenue - Construct new
sidewalk and curb and gutter following the 25' corner rus at the intersection with S.W. 9th Street.
Replace all damaged and broken sidewalk b gutter and valley gutter on the west side of the street
adjacent to the project site.
13) That the requested applications for the Future Land Use Change and Change of Zoning
on these properties are approved by the City Commission
14) The applicant shall record a covenant, subject to review and approval by the city attorney,
within sixty (60) days of the effective date of this resolution, which states that in the event that this
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Major Use Special Permit expires or is abandoned, any future development of the subject properties
shall require design review and approval by the Planning Director, utilizing the same criteria as the
original Major Use Special Permit.
15) 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
The PROJECT, proposed by the APPLICANT, complies with the Miami Comprehensive
Neighborhood Plan, as amended, 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.
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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